Fry Will 1617

Will of Thomas Frye

of Penshurst, Kent


Source: Prerogative Court of Canterbury PROB 11/129/608
Submitted by Margaret Wills
In the name of God: Amen The Twentith day of Januarye in the yeare of our Lorde God One thousand six hundred and sixteene
I Thomas Frye of Penshurst in the countie of Kente Yeoman beinge aged and growen in yeares and thereby put in minde of my departure out of this Worlde Notwithstandinge of a good and perfect remembrance, thankes be to Almightie God, Doe make and ordayne this my last will and testament in mannor and forme followinge, vizt.
First and principallie I bequeath my soule into the handes of Almightie God my maker and to Jesus Christ his only sonne by whose death and passion I trust to be saved and I Comitt my bodie to the earth to be buried in the Churchyarde of Penshurst or else, where it shall please God

Item I give to the poore of Penshurst and Speldhurst vizt. to the poore of Penshurst six shillings eight pence to be distributed at my buriall by myne executrix hereunder named and three shillings fower pence to the poore of Speldhurst within one month next after my decease to be distributed likewise by myne Executrix

Item I give and bequeath unto William Frye my sonne Thomas Fryes sonne one Joyned Bedstede standinge in the lofte over the Hall at my howse in Penshirst with a Fetherbed, twoe payer of sheetes, two blanketts, a boulster, two pillowes, a payer of pillowe beeres and my best Coverlett and a Cubbert, a Table standinge uppon a frame in the hale [hall] with six peeces of pewter after the decease of Agnis my wife

Item I give and bequeath unto Suzan Johane and Thomas my sonnes Children to each of them a payer of sheetes after the decease of Agnis my wife
Item I give unto Thomas Frye my sonne one Chest wherein I detayne the Evidences of my land to be delivered to him ymediatelie after my decease

Item I give unto him the said Thomas all my moveable goodes nowe remayninge at a Tenement in Withiham [Withyham, East Sussex] called Calffnches vizt. Cesturnes Fates A mill to grinde Tanne in two Tables with formes to them belonginge with other stuffe remayninge in the same howse To have, hold and enjoye unto the saide Thomas my sonne duringe the terme of his naturall life and after his decease to remayne to William his sonne for ever

The Residue of all my moveable goodes whatsoever unbequeathed, my debts and legacies payd, my funerall discharged, I give and bequeath unto Agnis my wife whom I doe ordayne and make my sole executrix of this my last will and testament

Item I doe appointe my lovinge freindes Oliver Budgen of Leigh and John Streafeilde of Spelthdurst both in the Countie of Kente Yeoman to be my faithfull Overseers of this my last will and Testament whom I give to each of them Five shillings apeece over and above besides their charges whatsoever for their pains taken herein

This is the last will and Testament of me the aforesaid Thomas Frye made and declared the day and yeare first above written
As touchinge the order and disposeinge of my landes, Tenementes and hereditaments scituate and beinge in the parishes of Penshurst, Withihame, Retherfield [Rotherfield] and Speldhurst in the countie of Kent and Sussex

Item I give and bequeath to Agnis my wife my tenement and landes called Palmers wherein I nowe dwell with the Edifices, landes and appurtenances thereto belonginge or hearafter may belonge in the parish of Penshurst To have and to hold to the said Agnis my wife and to her assignes duringe the Terme of her naturall life
And after the decease of Agnis my wife I give and bequeath my Tenement and landes lyinge in Penshurst as aforesaid, meante and devised to Agnis my wife as aforeaid to William Frye my sonne Thomas’s sonne and all and singuler the appurtenances to him ye sayd William and his heires for ever

Provided allwayes that yf Agnis my wife doe die before William my sonne shall accomplishe the age of twentie and one yeares then I will my two Overseers with my sonne Thomas Fries advise shall lett and sell the said howse and landes lyeinge in Penshurst before bequeathed to William Frie my sonnes sonne to the most proffitt and advantage of my sonnes two daughters Susan and Johane and the yssues proffitts of the said Tenements and landes whatsoever thereof coming or to be made thereof shall be payde by mine Overseers to the said Susan and Johane my sonnes daughters when William Frie my kinsman shall accomplishe the age of twentie and one yeares and to be equallie devided betweene them by my said Overseers wherther the said William live or dye

Furthermore Provided alwayes that if William Frie my sonnes sonne dye without yssue of his bodie lawfullie begotten then my will and meaninge is that the aforesaid landes and tenements lyinge in Penshurst aforesaid shall remayne to Thomas Frye and Richard his brothers and to their heries for ever

Item I give and bequeath unto Thomas Frye my sonne One Tenement called Calfinches lyeinge and beinge in the parish of Withiham with all the Edifices landes and appurtennces thereto belonginge scituate lyinge and beinge in the parishes of Withiham, Retherfield and Speldhurst, nowe in the tenure and occupation of Thomas Woodgate and his Assignes To have, hold and enjoye unto the said Thomas my sonne and his assignes during the terme of his naturall life
And after the decease of the said Thomas my sonne I will, give and bequeath the said Tenement, landes and Appurtennces whatsoever before mentioned unto William Frye my sonnes sonne To have, hold and enioye to the said William and to the heires of his bodie lawfullie to be begotten for ever

Provided allwayes that ye William Frye my sonnes sonne doe live till he shall accomplish the age of twentie and one yeares : that he shall att any tyme or tymes yf he be requested thereunto by Thomas Frye my said sonne or Thomas his brother or Richard to enter and make such assurances as ther learned Counsell in the lawe shall advise or devise for the making sure and better Assuringe of one Tenement called Michills lyeinge and beinge in Spelhurst and all the landes thereto belonginge to the onlye use and behoofe of Thomas Frye my sonne and Thomas and Richard Frye his brothers be the assurerannce to be made by deede release with warrantie fine or recover(y) or by any such like acte or actes or devises in the lawe whatsoever at the onlye costes and charges in the lawe of Thomas Frye his father and Thomas and Richard his brothers or any of them

Provided allwayes that yf the said William doe refuse or denye to inseale and deliver and make such Assurances as aforesaid : the said Thomas his Father and Thomas and Richard Frye his brothers or the counsell in the lawe resonable shall request : then ymediatelie, uppon such refusall or denyall yt shall be lawfull for Thomas and Richard his brothers to enter uppon the landes and Tenement called Palmers lyeinge in Penshurst with the appurtennces whatsoever before willed and bequeathed to the said William To have and to holde to the said Thomas and Richard Frye his said brothers and to their heires for ever Any Clause guifte [gift] or bequest or article to the contrarie in any wise notwithstandinge in this presente Testament before mentioned

Item I give and bequeath unto my sonne Thomas Frye the some of Thirtie Fower poundes of lawfull money lyeing uppon to [two] morgages vizt : of John Goldsmythe of Penshurst husbandman twentie pounds and of John Moyse of Penshurst aforesaid Weaver Fowerteene poundes lawfull money

In Witnesse whereof to this my last will and Testament I the said Thomas Frye have heareunto put my hand and Seale the day and yeare first above written
Red [Read], sealed and delivered in the presence of
Thomas Peddall Script - Samuell Halfhide and Ephraym Jesop

Probatum fuit: [Latin] 27th May 1617.

Note: Thomas Frye was buried at St. John the Baptist, Penshurst, Kent on 4th May 1617.

Transcribed by Shelagh Mason 21st October 2020


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Will of Thomas Frye
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