Brook Will 1580

Will of Jarvace Brooke

of Woodnesborough, Kent


Source: Archdeaconry Court of Canterbury, Canterbury Cathedral Archives PRC 17/43/241
Submitted by Steve Clarke
In the name of God Amen the three & twenteth daye of February in the yeare of our lord God one thowsand fyve hundreth three Skoore and nyneteene [1579], And in the two and twenteth yeare of the Reigne of o[u]r most gratyous Sovereigne Ladye Elizabeth by the grace of God Quene of England Fraunce and Ireland Defender of the faythe, etc.
I Jarvace Brooke of the paryshe of Woodnesborowe in the Countye of Kente yeoman doe make this my last wyll and Testament in mann[e]r & forme followinge, that ys Fyrst I doe gyve & bequeth my Sowle unto allmightie God, by whose most precyous bludd sheadinge I hope assuredlye to be saved And my bodye to be buryed wthin the Churcheyard of Woodnesborrowe neere unto the place where my Father was buryed

Item I doe gyve & bequeth to Cycelye Reeste my Daughter tenne pounds of lawfull money of England to be payd unto her or her assignes wthin one quarter of a yeare nexte after my decease by my Executor
Item I do gyve unto Elizabeth Brooke my daughter tenne pounds of lyke lawfull money of England To be payd unto her or her assignes when she shall come unto the age of Eightene yeares
Item I do gyve & bequeth to Margarett Brooke my daughter tenne pounds of lyke lawfull money of England To be payd unto her or her assignes when she shall also come unto the age of Eightene yeares
Item I doe gyve and bequethe unto Agnes Brooke my yongest Daughter tenne pounds of lyke lawfull money of England To be payd unto her or her assignes when she shall lykewyse come unto the age of Eightene yeares

And my wyll meaninge entente and purpose is that if any of my yonger daughters shall happen to dye, before they come to their sev[e]rall agyes as abovesayd, that then the survyvour and longest lyver or the survyvors and longest lyvers shall have the portyn and portyons of the Deceased equallyie to be devyded and shifted by equall portons amongest them

Item I de gyve and bequethe unto Cycelye Reeste my daughter two Ewes to be delyvered unto her by myne Executor wthin one quarter of a yeare nexte after my decease
And to my three yonger daughters I also do gyve to evrye of them two Ewes to be delyvered and paid when they shall come unto their severall agyes as abovesayde, And my will is as afore A bove sayde that yf any of them do dye beore they shall come to be eightene yeares oulde That then the survyvor or survyvors shall be heyre or heyres unto the deceased

Item I doe gyve unto Jervace Brooke my yongest sonne one Cowe and tenne sheepe Ewes or Ewe tuggs To be payd & delyvered unto him or his assigns by myne Executors when the same Jervace shall come unto the full age of twentye & one yeares Also unto the same Jarvace my sonne I doe gyve my counter or fouldinge table, one pewter platter, one pewter dyshe and one candlestycke to be payd & delyvered when he shall come to the age of one and twentye yeares as aforesayd, in the meane while my wyef to have & use the same Cowe, tenne Ewes, platter, pewter Dyshe, candlestyck and fouldinge Table

Item I doe gyve unto Edward Brooke my sonne one Cowe bullock, syxe Ewes, one pewter platter, one pewter dyshe and one candlestyck, w[hi]ch severall Chattalls, platter, pewter dyshe & candlestick I wyll shall be payde & delyvered unto the sayd Edward mye sonne at & when he shall come unto th'age of twentye and one yeares by myne Executors

Item I do gyve and bequeth unto Raymond Brooke my sonne one Cowe bullock, syxe Ewes, my Lytle black mare and graye horse coulte, one pewter platter, one pewter dyshe and one candlestycke to be payd & delyvered unto hym or his assignes wythin one moneth nexte after my decease ny myne Executor

Item I doe gyve unto Joane Brooke my wyef syxe pounds of best kyen, my baulde amblinge horse, Tenne good Ewes and pasture suffycyente to keape them in the sonnes Bason wthout rest? ynterruptyons or contradycton of myne Executors wthin any of the severall pastures and feadinges belonginge and appertayninge unto my howse called Flemings duringe and by all the tyme of her wyddowehoode And I will also that those same syxe kyen & balde amberlinge horse shall be kepte in the wynter tyme at the Rackes and in the Stable at the chardges of myne Executor in such sorte and manner as my Executor shall keape his owne Cattle and no worse, And her Tenne Ewes to be kepte in the wynter tyme wthin my severall pastures

And unto the same Joane my Wyef I wyll that my Executor or his assignes shall paye yearelye and ev[e]ry yeare while she contynuathe a wydowe, two quarers of wheate and two quarters of malte, and the same wheate and malte beinge good cleane sweete and lawfull wheate I will shall be delyvered evrye yeare and soe longe as she contynuieth a wydowe betwene the feasts of St. mychaell tharchangell the feast of the natyvytye of o[u]r lord christ comonlye called Christmas (yf she soe desyre the same)

And I wyll the my sayde wyef shall have delyvered unto her eveayre yeare durynge her wyddowehoade by myne Executor fower busshells of appells in gatheringe tyme (yf God do sende them) Also unto the same Joane my wyef I doe bequeth mye parlor where I doe nowe lye, wyth all the lofts, laste somes & somes Under & over and all other the howsyngs, butteryes and mylke howsyes, betwene the said Parlor and the well howe for her necessarye dwellinge use and uses
And the same parlor wthall lofts, laste some and somes Under & over as aforesayd ought? all thother howsyngs, butteryes & mylke howses I wyll that my sayde wyef shall quyetlye possesse holde occupye & enyoye And to the same shall have for her & her assignes at all tymes free egresse regresses and outgoinge & incomynge wthout lett check interruptyon or contradyctyon of anye p[er]son or psons for soe longe and duryinge the tyme she keapathe [keepeth] her selfe a wydowe and no longer (excepte for the quyett takyinge remevyttinge? and havinge awaye her ymplements of howsholde yf she chance for to marry

Also I gyve unto my wyef fower bakon flytches And to the same Joane my wyef I doe gyve and wyll that she shall have yerly and everye yeare durynge her wydowe hoode syxe loads of tallend? or logge wood to be felled cleste made owte and broughte home for her by myne Executor of his assignes And at the chardges of my Executor or his assignes in ye Somer season for her necessarye use and spendinge the Wynter followinge the same in any wye not to be neglected where bye she maye be damaged or have wante
Item I doe gyve unto the same Joane my wyef my beast and greatest weaneinge Sowe, two of my best bakon hoggs, fower of the best lifve wane or yonger hoggs, all my poultrye as hennes, Cockes, capons, geese and ducks, those same Sowe, bakon hoggs, fower lyve ware as yonge hoggs and all the poultrye in their kynds as aforesayde to be keapte as they now bee or are beinge aboute the howse, Barnes, Stables, dores, rlicks? wthoute anye manner of gaynesayenge duringe her wydowehoode And all beylyts? have not before remembered the same
Yet I wyll and my good meaninge is that my wyef shall have to use at her neade & at all tymes when her occasyon shall service the use of myne oven & furnase wythin the kytchen and of my quearne, well and herbe garden, and free lybertye wyth egresses and regress for her and her assignes unto the same over, furnase, Querne, well and herbe garden wthout lett duringe her wyddowe hoode And my meanine ys that my sayde wyef shall brynge upp my yonger children

Item I doe gyve unto John Reste my daughters childe two Ewes to be delyvered by mine Executor wthin one monethe after my decease
Item I doe gyve unto the poore inhabitants dwellinge wthin the paryshe of Woodnesborowe tenne shillings to be payde for their use unto the collectors of the same parysh wthin one moneth after my decease

Item I will that all my howsholde Stuffe (excepte yt before bequethed) shall be by indifferente men shyfted in two parts And the one parte thereof I wyll that my wyef shall have by and unto her selfe And th'other parte of the same to be equallye devyded betwene and amonge all my children as it shall be founde to any use
Item I doe gyve unto my Syster Alyce fower busshells of wheate and fower busshells of malte to be delyvered unto her wthin one moneth after my decease

All ye Reste of my Corne, Cattalls & moveable goods Ungyven and not before bequethed, my detts legacyes & funerall expensyes beinge trulye payde and dyschardged I gyve unto Marten Broke my eldest sonne And hym I doe ordayne and make the sole Executor of this my last wyll and Testamente
Whereof also I constytute & ordayne Wyllyam Austen myne overseer to whome for hys paynes takynge I bequeth fourtye shillings and his chardges to be borne, And I doe hereby revooke, make voyde, frustrate & of none effecte all & all man[ne]r of former wyll and wylls whatsoever

In Wyttnes whereof hereunto I have sett my hande the daye and yeare first above wrytten hys testib...s ?
Walter Harryson, Clerk; Wyllyam Marten; Mychaell Hawkyns and others

Thys ys the last wyll of me the said Jarvace Brooke, made the daye and yeare above wrytten for & concerninge the dysposytyon of all my landes and Tenements within the parysshes of Woodnesborrowe and Staple as ells where wthin the Countye of Kente

Item I doe gyve and bequeth unto Marten Brooke mye eldest sonne my howse called Flemyngs where in I do nowe dwell wyth all the howsyngs, Barnes, Stables, dove howse and other the buyldings to the same soe belongyinge & all the lands earable [arable], pasture, meadowe and woodd landes, wyth their apputenncs [appurtenances] to the same belongynge and appertayninge, or reputed and thoughte to be belongynge and appertayninge to the same howse called Flemyngs And all deedes, wryttyngs asripts and mynyments [muniments?] belongynge and wch be concerninge the same howse called Flemyngs and everye parte & p[ar]cell of the same lands belonginge thereunto excepted

And I doe reserve one annuiytye or yerelye Rente of three pounds syxe shillings and eight pence to yssue come forthe and yerely wyse towards the fyndinge and bringinge upp of my yonger sonne I meane Jervace Brooke to schole untyll the same Jervace Brooke doe come unto the age of twentye and one yeares as hereunder it is specyfyed more largelye
And also excepted and reserved the parlor where in I doe now lye wyth all the last lost home and rounes? Under & over and all other the howsyngs butteryes and mylke howsyes betweene the same parlor and the well howse unto Joane mye wyef & her assignes wth free egresse and regresse unto the same durynge her wydowhode as above sayde

To have and to holde occupye possese and enjoye the same howse called Flemings wth all the howsings Barnes Stables dove howse & othr the byldyngs to the same belonginge And all the lands erable pasture and wood lands wth their apprtenncs thereto appertayninge wth all deedes, wryttings, escripts and mymynments concerninge the same (except before excepted) to the sayde Martyn Brooke and his heyres for ever

Item I doe wyll and bequeth unto my wyef and her assignes for the bringying upp of my sonne Jervace untyll he come to twentye & one yeares of age thabove expressed and reserved annuytye or yearelye Rente [of] three pounds syxe shilings and eighte pence And I wyll that the same Annuytye shall be yearely payd unto the same Joane my Wyef at two tymes or termes in the yeare, viz. at thannnatyon [the Annunciation] and St. Mychaell tharchangell by equall portyons
And if defaulte be made in the payments of the same Annuytyie or yearelye Rente of three pounds syxe shilings and eighte pence as aforesayd at anye feast or feasts in the wh yt oughte to be payd by the space of foretene dayes Then I will that it shall be lawfull for my sayde wyef and her assignes in to the sayd howse called Flemyngs and the lands thereto belonginge to enter and distryene & the dystresses or distresse there so taken lafullye to leade beare & dryve awaye and the same to wyth holde yrriplayzsable? untyll the same Annutyte and yearelye Rente of three pounds syxe shilings and eighte pence wyth the arreragies [arrearages] of the same yf anye be be unto the same Joane my wyef and her asignes fullye contented and payde

Item I gyve & bequethe unto Raymond Brooke my sonne tenne acres of lands lyenge at Rynglemyre within the paryshe of Woodnesborrowe wth all the wryttyngs, deedes, escripts and mymytiments concerninge the same tenne acres To have and to holde and enjoye the same tenne acres of lands lyenge at Ryngle myre [Ringlemere] as aforesayd to the same Raymond Brooke and his heyres for ever from the feast of St. Mychall Tharchangell nexte after my decease

Item I doe gyve and bequethe unto Edward Brooke my sonne my howse at towne? and all the lands there to belonyginge wch I late purchased of Thomas Baxe And I do gyve unto the said Edward Brooke all the deeds & wryttyngs and mymyments of the same howse To have and to holde and enjoye the same howse and lands and all the wryttyngs conceringe the same to the sayd Edward and his heyres for ever
And I wyll more unto the same Edward Brooke th'use (of) three acres of lands wch I late dyd purchase from Taylor wch sayd three acres I wyll unto the same Edwarde and to his heyres for ever
The profytts of all ye howse and lands wch I have gyven unto my sonne Edwarde I wyll unto Joane my wyef and her assignes duringe the nonage of the same Edwarde towards the bryngynge upp of mye yonger Children

And I wyll that she shall not make anye strype and waste but to topp the trees yf she lack woodd And this I doe provyde will and my hartlie desyre ys [that if anye of my sonnes, Marten, Raymond & Edward shall happen to dye wth oute yssue male lawfull begotten That then the survyvour and survyvours male of them or of mye sonne Jervace shall have the lands and howsyngs of the deceased by dyssente in their degrees, any things above specyfyed as conteyned to the contrarye not wyth standinge

In Wyttnes whereof here unto I have sett my hande the daye & yeare above wrytten, Revokynge and makynge frustrate all former wyll and wylls wch be or have concerned the disposynge of my lands There beinge wyttnesses
Walter Harryson, Clerke Wyllyam Austen; Mychaell Hawkens and others, The Testators ....
Concordat original(is)

Probatum fuit: 1st July 1580

Notes:
Cicellye Brook married James Rest on 4th May 1578 at St. Mary the Virgin, Woodnesborough, Kent.
Jervyce Brook was buried at Woodnesborough on 24th February 1579/80.

Transcribed by Mrs. Shelagh Mason, 7th February 2022


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Will of Jervace Brooke
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