Richard Halke is, I believe, my 11 x great uncle, brother of my ancestor Sampson. Richard clearly left a widow but no children, and hence his will is useful in naming many relations. It also explains why a youngest son, Sampson, came to inherit Bircholt Manor. It also explains why after the male line descended from Sampson died out with William, his son, it went to the Handfeilds, descended from Richard’s sister, rather to daughters of William.
Line breaks are as in the register copy, not indicated by ‘/’ which are as in the document.
Draft transcription – not checked for typos and other errors – and not yet linked to tree
In the name of god amen The twenteth daye of September
in the yeare of or lord god a thowsand fyve hundred Seaventye
and Eighte And in the twentieth yeare of the Reigne of our
sovereigne layde Quene Elizabeth, I Rycharde Hawke
the yonger of wye in the Countye of Kente yeoman, beinge of
good and p[er]fett remembrance (thankes be to god) doe ordaynne
and make this my last wyll and Testament in manner and forme
followyinge Fyrst I comytt my Sowle in to the hands & mercye
of god, and Doe assuredlye hope, trust, and beleave to be saved
onlye by the merytts Death and passyon of Christ Jesus or
Savyor, my bodye to be buryed in the Church of Wye, nye and
besydes the Tombe or grave of my Father Item I wyll & gyve
towards the buyldynge of the Steple of the church of Wye Tenne
pounds of lawfull money of England To be payd and bestowed bye
my Executrixe, when the sayd Steple shall be in buyldynge
Item I wyll and gyve to the poore people of wye, Brooke
Hynxhyll and Boughton Aluphe fyve pounds, to be Dystrybuted
by my Executrix at my buryall or shortelye after Item I gyve
unto my brother John Hawke, fourtye shillings whereof twenty
shillings I wyll shall be payde to hym ymedyatlye after
my Decease And the other twentye shillings to be payd unto
hym wthin one yeare nexte after my Decease Item I gyvie
to Sara Jenkyn twentye nobells To be payd to her wthin
one yeare nexte after my decease Item I wyll and gyvie to
eache of my godchildren twelve pennce To be payde wthin one
haulfe yeare nexte after my decease yf yt be requyred bye
everyie of them severallye Item I wyll to the wyef of
Stephen Gyles tenne shillings Item I wyll and gyvie to Joane
Johncock my servante twentye nobells of lawfull money of England
To be payd bty my Executrix at the Daye of her marriage
yf she tarrye wth my wyef untyll she be marryed, but if she
Departe from my wyef before marryage Then I wyll to her
onlye fyve markes, To be payde at her departure from
[p.2]
from my wyef Item I gyve unto Amie Rygden my servante Twenty
Shillings To be payde to her at the eande of her covenannte to wch is for
three yeares Item I gyve to Gyles Johncock my servante fyve
markes of lawfull money of England To be payd wthin one yeare
nexte after my Decease Item I gyve to Thomas my s[er]vante
tenne shillings To be payd at the Dyscretyon of my Executrix
Item I gyve to Thomas Brokus my boye [meaning?] tenne shyllyngs /
The Resydue of all my goods and Chattalls not by this my last
wyll and Testament bequethed my debtts and legacyes payde
and dyschardged I wyll and gyve holelye to Jane my Wyef
whome I doe ordayne appoynte and make my sole and onlye
Executrix of this my Testament and last wyll In the p[re]sence of
Rychard Hendlye Henry Haull Wyllyam Prowde Thomas
Moyle Stephen Gyles marke Wyllya Collens Edward Hennan
Thys ys the last wyll and Testament of me the sayde
Rychard Hawke thonger made and declared the twentethe
Daye of September in the yeare of or lord god a thowsand
fyve hundred Seaventye and Eighte And in the twenteth
yeare of the Reigne of or sovereigne layde Quene Elizabeth
Towchinge and concerninge the Disposytyon of all my lands
Tenements and heredytaments wthin the Countye of Kente
Fyrst I wyll and gyve to Jane my Wyef all my mannor of
Byrcholl als Byrcholte wyth all the lands, woodds, Rentes
Reversyons, s[er]vyces, Customes comons, feadyngs, and the
advowson and patronage of the churche of Byrcholte p[er]tay=
= nynge to the same mannor wyth all other thappurtenncs, &
all other my lands sett lyenge and beinge in hte paryshe of
Byrcholte and Braborne in the sayd Countye of Kente To
have and to holde to the sayd Jane for terme of her naturall
lyef. The Remayinder of the sayd mannor of Byrcholl and
all other the lands, woods, Rents, Revertyons, s[er]vyces, customes,
Comons, feadyngs and patronage aforesayd wth all other
thapprtenncs, wyth the lands called Byrcholl medowe, and
the lands wch I boughte of Mr Ellyce called forde meade,
Pelhell, Stone and Whyte acre, Cowe lease, and the peace
of lande called Tyle lodge, To Sampson Hawke my brother
To be had to hym and his h assignes, durynge his naturall
lyef, And after his Decease , the Remaynder of the sayde
mannor of Byrcholl wyth thappurtenncs And the Remaynder
of all other the p[re]mysses before lymyted to Sampson my
Brother, To wyllyam Hawke sonne of the sayd Sampson
and to the heyres males of his bodye lawfully begotten
And for lack of such heyres males of the bodye of the
sayd Wyllyam, The Remaynnder of the sayd mannor of
Byrcholl wth thappurtenncs and all other the demysed p[re]my=
=sses, to the heyres males which shall be of the bodye of the
sayde Sampson, And for lack of such heyres males, The
Remannder of the sayd Mannor and other the demysed
[p.3
– ink was running out, may need to get another copy]
p[re]mysses to Sampson Handfeyld Sonne of my Syster Joane &
to the heyres males of his bodye lawfully begotten, And for
lack of such heyres males of the sayd Sampson Handfeld the
Remaynder of the sayd mannor of Byrcholl wyth thappurtenncs
wyth the Remaynder of all and synguler the Demysed p[re]mysses
wyth thappurtenncs unto wyllyam Jenkyn my brother in lawe
and to his heyres for ever Provyded allwayes and my will
is that yf the sayd wyllyam hawke and Sampson Handfeylde
or anye of their heyres shall at any tyme hereafter, assente
conclude, practyse, or goe abowte by anye publych or
secrete Acte whatsoever to cutt of, extynguyshe or Destroye
anye of their owne estate or ynterest, or anye of the remay=
=nder or interest gyve to anye other by this my p[re]sent wyll
in p[ar]te or in all or to charge or yncumber the same or anye
parte therof by anye acte practyse or meanes whatsoev[er]
contravye to my playne meaninge and yntention That then
and y medy atlye uppon such practyse conclusyon or assente his
or their estate lymyted by this my p[re]sente wyll shall ipso
facto, cease determyne and be newlye? voyde in the lawe
And the nexte in remaynder ymedyatlye to enter in ther
hole manner wyth thappurtenncs wyth all other the premisses
before devysed And the same to holde as though noe
such estate or ynterest had by g?? lying t?? under? the sayd
partye or partyes. provyded also and my wyll is that yf
John Hawke my brother nor anye his assignes doe not at
anye tyme hereafter Dysturbe molest or ynterrupte by entry
Clayme grante or other Acte whatsoever anye of the denyses
or Dones wthin this my p[re]sente wyll in thoccupatyon or in??rance
of anye parte or p[ar]cel of my lands, either in this my wyll
Devysed or other wyse not Devysed by the said ??
then yt shall be lawfull unto the sayd John Hawke in and uppon
the hole manner of Byrcholl or anye thappurtenncs thereof
to enter and Dysoayme? yerelye duryinge his naturall lyef
in to whose hands so ever the sayd manner or anye p[ar]cell thereof
shall happ to come for the some of Eightie pounds of currant
money of England as os in fower pryncypall feasts of the
yeare, by even and equall portyons yerelye to be levyed
The first payment thereof to begyn at that pryncypall feast
wch shall nexte come after my Decease Provyded allwaies
and my meaninge is not to prohybyte the sayd John thoccupacon
or ynyoyenge of any lands or Tenements that shall be devysed
exprasselye by this my wyll unto the sayd John, And also
my Wyll and full meaninge ys That after the Decease of Jane
my Wyef that yt shall be lawfull unto Christofer Hawke my
Brother, or to anye his assignes to De?? in the sayde
Manner of Byrcholte or in anye thappurtenncs therof, for
and Durynge his naturall lyeff for the sume? of Scyxe
pounds thirtene shillings and fower pence by the yeare
at the fower pryncypall feasts of the yeare by even and
[p.4]
equall porcons to be levyed the first payment also thereof to be
at the sayd pryncypall feaste wch shall first happ to come
nexte after my sayd wyves Decease and this, thuse to be levyed
in to whole hands or possessyon soever the sayd mann[or] or any
p[ar]cell thereof shall fortune to be / Provyded also and my wyll
is that yf Jane my wyef shall do anye voluntarye or p[er]vissue?
wast or Distenctyon in the sayd mannor of Byrcholl or anye
other theapprtenncs or any the Demysed p[re]mysses amountynge bye
estymatyon over and above the some of tenne shillings That then
and as often it shall be lawfull unto Sampson Hawke my brother
and nexte in remaynder for lyef, To enter in the same Manner
of Byrcholl, or anye thapprtenncs and Distreygine for the some
of treble the Damagyes made and Don[e] by the sayd waste be
it more or lesse above the foresayd Some, And the same some
so leyved to be to the use of the sayd Sampson and of wyllyam
his sonne nexte p[re]ch afore of the remaynder in Tayle of the sayd
Mannor. Also I wyll and gyve unto Jane my wyef all that
my prynccipall messuage wherein I now dwell scytuate in the
paryshe of wye aforesaid, wth the howsynge to the same adjoy=
=ninge and belonginge and all other my lands, Tenements & heradytaments
wyth their appurtenncs sett lyenge and beinge in the parysshes of
Wye and Godmersham To have and to holde to her for Terme
of her naturall lyef Savynge all wayes and reservynge out of
this gyfte all the p[ar]cells and Tenements hereafter in my Wyll
exp[re]sselye don[e] to the contrary?? The remaynder of the sayd
messuage greate orchard or apple garden, wth the oute
howsynge of the same howse, together wth the remaynder
of all my lands wyth their appurtennces in the parysshes of wye
and Godmersham aforesayd unto wyllyam Jenkyn my brother in
lawe and to his heyres for ever, excepted onlye and res[er]ved
out of this my gyfte unto the sayd Wyllyam Jenkyn and his
heyres, two peaces of lande the first conteyninge two acres
more or lesses lyenge and beinge near the p[ar]sonage Barne
of Boughton Aluphe the seconde p[ar]cell conteyninge two ^ {acres}
wyth thappurtenncs lyenge and beinge in Wye feylde wch peace or
p[ar]cell of lande wyth thapprtenncs I wyll and gyve to wyllyam
Payne of wye and his heyres for ever , after the Decease of
Jane my wyef, uppon condycyon that the sayd Wyllyam his
heyries or assignes paye or cause to be payde, nyne shillings
of lawfull money of England yerelye for ever tothe church
wardens of the paryshe church of Wye for the tyme being
To the use of the poore people of the sayd paryshe and to the
reparatyons and repayringe of the church there at the feast of
St Mychaell tharchangell and Thann[un]ciatyon of or ladye the virgyn
by even portyons to be payde The first payment thereof to
begyn at the feast, of the sayd two feasts wch shall nexte come
after my sayd wyves Decease And for lack of payment thereof
or of anye p[ar]cell thereof at the feaste aforesayde th[a]t shall be
[p.5]
lawfull to and for the Church wardens of the sayd paryshe of Wye
for the tyme beinge or for anye one of them, in and uppon the sayd
two acres from tyme to tyme to enter and Dystrayne untyll ther be
satysfyed of the sayd Rente wth all the acreragyes yf anye shall be
Item my wyll and mynde is, my sayd Brother Wyllyam Jenkyn hys
heyres and assignes, shall yelde and playe to Christofer Hawke
my brother, Twentye markes of lawfull money of England out of
my sayde lands and messuage wth thapprtenncs in Wye & Godmersham
aforesayd before gyven unto the sayd Wyllyam and his heyres to the
sayd Christofer and his assignes Dureinge his naturall lyef at the
fower pryncipall feasts of the yeare by eaven portyons, The fyrst
payment thereof to begyv[en] at that pryncypall feast wch shall nexte come
after the Decease of Jane my Wyef And for not payment thereof, or any
p[ar]cell of the same th[a]t shall be lawfull to and for the sayd Christofer
Hawke, and his assignes, in and uppon the sayd messuage and land
in Wye and Godmersham aforesayd to enter and dystrayne untyll the sayd
Christofer be of the sayd Rente holye satysfyed Item I wyll & gyve
the remaynder of fyve peaces or p[ar]cell of lande lyenge and beinge
in the parysshes of Wye and Brabourne aforesayd, the fyrst
peace whereof is called speare feylde, colman acre, Spearham,
Edmond Harveys, and an other peace called Barryes lande To
be had and holden unto Sampson Handfeld aforesayd and to his
heyres for ever after the decease of Jane my wyef Also mye
wyll and mynde is that after the decease of Jane my wyef (in token
and remembrance of my good wyll) all that my peace of lande called
west lease, conteyninge seaven acres more or lesse lyenge & beinge
in the paryshe of Braborne wth thapprtenncs shall remayne and
be unto Henrye Lylgrand my wyves brother, to hym and his heyres
for ever, allwayes desyringe hym, that yf he shall at amy tyme
sell the same p[ar]cell of lande, that my brother Sampson may buye
the same before anye other gyvynge for yt as an other wyll
gyve / Also my wyll is that the two acres of lande more or lesse
lyenge and beinge at the Parke gate of Stowtynge wthin the parish
of Elmested in the sayd Countye of Kente, shall goe and remayne unto
my cosen Rychard Hawke and his heyres for ever, ymedyatly after
my decease Item my wyll and mynde is that my brother John
Hawke shall have to hym and his heyres for ever ymedyatlye
after my deathe all that my Tenement at Bennets fylde gate
wth thapprtenncs scytuate in Wye aforesayd, now in the Tenure and
occupatyon of Reynold Whetnall Item I wyll and gyve to mye
Syster Joane the messuage wyth the lands ady[j]oyning to the same
wherein Robert Rolf now dwelleth and the two acres of lande
now also in his occupatyon / sett lyenge and beinge in the
paryshe of Braborne aforesayd, To be had and holden unot
the sayd Joane for an duringe her naturall lyef, after the decease
of the sayd Robert Rolfe/ The remaynder in fee of the sayd messuage
wyth thappurtenncs wyth the two acres of lande unto kennards wyef
beinge the daughter of my sayd Syster Joane, To have and to
holde unto the sayd Kennards wyef and her heyres for ever
Item I wyll and gyve unto Henrye Prowde of Cantor burye the
remaynder of the Tenement in Wye aforesayd wherein one
[p.6]
Metam now dwellethe; wth a hopp garden and a lytle close adyoyinge
unto the same Tenement To be had unto the sayd Henrye and
his heyres for ever after the decease of Jane my wyef. Also
I wyll and gyve after the decease of Jane my wyef the remaynder
of my other Tenemente in Wye aforesayd wherein Davye Cooke
now dwelleth wth a hempe lande to the same adyoyinge To be
had and holden unto Wyllyam Prowde of Wye and to his heyres
for ever Item I wyll and gyve to Gyles Johncock my lytle
Tenement in Wye aforesayd scytuate and beinge at Bennettsfylde
gate now in the occupatyon of one Smythsone To be had and
holden unto the sayd Gyles and his heyres for ever ymedyatly
after my decease Item my wyll and mynde is that my farmer
Cheseman shall have the ocupatyon of my sayd manner of Byrcholl
for and duryinge the Terme of Syxe yeares, from St Mychaell
nexte comynge after the date of this my Wyll in manner and
forme as I have before to hym grannted payenge to my sayd
Wyef the yerelye Rente and farme? of thyrtye pounds by the yeare
and a bove wellfedd by me reserved and by hym to be payde
accordinge to or agrement Provyded allwayes that the sayd
Wyllyam Cheseman nor his assignes shall not topp, lopp nor fell
any woods or underwoods uppon the sayd manner, excepte onlye for
the nedefull hedgynge and ynclosynge of the lands there Provyded
also that he shall not eare(?) nor breake upp my medowe lands
nor the peace of grounde called Screven[er]s lease, duringe his
Tenure Also my Wyll and meaninge is that Jane my Wyef
shall and may lawfullye have and take tenne loodes of wood
for her fuwell, and no more, in and uppon the lands and woods of
my mannor of Byrcholl yerelye at seasonable tymes duringe
her lyef by assigment of Wyllyam Jenkyn and Sampson Hawke
or of anye one of them Provyded allwayes and my wyll and
mynde is that yf my brother John Hawke doe alyen or sell the
sayd yerelye Rente of eighte pounds grannted and to hym gyven
oute of my manner of Byrcholl as before or anye p[ar]te of the
same That then the gyfte and payment thereof shall cease
determyne and be voyde Provyded allwayes and my full and
playne meaninge is that yf my cosen Sampson Handfyld his heyrs
or assignes, do or shall at anye tyme hereafter, by anye entre
clayme, grannte, fyne, feoffament or other wyse by anye Acte
what soever, disturbe, molest, or out Jane my wyef durynge her
naturall lyef or anye other denysal that hathe anye yntereste
in the sayd manner of Byrcholl , or in or to anye p[ar]cell thereof
by this my Wyll, of the Inyet? and peaceable occupatyon of
the sayd Mannor of Byrcholl or of anye the p[ar]cells of lande
woodds or any other heredytaments belonginge or p[ar]cell of the
sayd mannor That then the sayd Sampson and his heyres
shall utterlye be secluded and [mark obliterating] of, of and for, all gyftes &
benefytes whatsoever bequethed or gyven unto hym and his
heyres by this my p[re]sent wyll and Testament provyded
also and my wyll is lykewyse that if ^ {any} other p[er]son aforenamed
[p.7]
That shall or maye take anye Benefyte by this my last wyll
accordynge to the Tenor and playne meaninge thereof , do not
holde hym selfe contented wth such Devyse, gyfte and legacyes as
to hym her or them as I have by this my last wyll & Testamente
Devysed and sett Downe, Then he or she that soe shall goe a
bowte [about] to ynterrupte infrynge or alter the same contrarye to
the forme aforesayd Shall lose the benefyte of this my last
Wyll and Testament, And the p[er]son in remaynder assigned in
this my p[re]sent Wyll shall take and have the Benefyte that
he or she wch shall ynfrynge ynterrupte or goe aboute to
alter mighte or shoulde have by vertue hereof. Item I wyll
and gyve to Robert Moyle and Walter Moyle thelder gent my two
acres of lande at Watts besydes the p[ar]sonage of Boughton wthin
the lande of Mris Bennett Moyle To have and holde the sayd two
acres wth their appurtenncs to the sayd Robert and Walter and to
their heyres for ever after the decease of Jane my Wyef Item I
gyve to my syster Margerye and to her heyres for ever my howse
wyth thappurtenns thereto belonginge scytuate and beinge in the
paryshe of Blackmanstone in Romney mershe in the Countye of Kent
Wyttnesses at the publicatyon Declarynge and finishinge of this
my last wyll and testament Towchinge and concerninge my temporall
goods and worldly busynes and I assuredly hope toemp[er]h? [torongh?] Jesus
Christe the begyninge of my Spyrtyall Joye and rest henrye
Hanw? Edward Hunam Wyllyam Prowde, Thomas Moyle
Wyllyam Collyns, Stephen Gyles.
[Probate statement to be transcribed; proved 8 Dec 1578]
The will was proved in the Archdeaconry Court of Canterbury and is viewable on microfilm at the CCA or KHLC.
This is a transcript of the register copy of the will, archives ref: PRC/17/43/203
(more details about source to be added to Richard’s page)
The original will also survives. ref: PRC/16/70 H/4 .
Comments
The will of Richard Halke (d. 1578) — No Comments
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