Jane Wicks Family History

Click here to edit subtitle

              
                  Last Will and Testament of James Constable
1570

__________________ of our Lord God 1570 and in the year of the reign of our sovereign Lady Elizabeth by the grace of God of England France and Ireland queen defender of the faith etc, _________________ of Surrey, Yeoman, being sick in body but of good and perfect mind and remembrance, thanks be unto God, do make and ordained this my present last will and testament in manner and form following___________ and Redeemer and my body to be buried in the parish churchyard of Kingston aforesaid, and I constitute ordain and make Ellyn my wife my sole and only executrix of this my last Will and testament and I will ordain and appoint Richard Perkyn of Warnham in the county of Sussex, Yeoman, my brother in law, and John Steere of Ockley in the said county of Surrey to be supervisors and overseers of this my will and to either of the said Richard and John I give and bequeath with 20 shillings for their pains and travail over and beyond such costs and charges as either of them shall be at by travailing herein. Also I will that my said executrix and overseers shall cause immediately after my decease a true and perfect inventory to be made of all my goods, cattles and chattels, real and personal, whatsoever they maybe. Item I give to the five children, as well to the sons as the daughters, of my brother Nicolas Constable late of Ockley in the county of Surrey, Yeoman, deceased, and to every of them, 3 shillings and 4d. Item, I give to the children, as well sons as daughters, of my brother John Constable late of Capel, in the said county of Surrey, Yeoman, deceased, and to every of them 3 shillings and 4d. Item, I give and bequeath to the children of my sister Elizabeth Whyte of Warnham aforesaid, widow, deceased, as well sons as daughters, every of them 3 shillings and 4d. Item I bequeath to five of the children of my sister Agnes Perkyn the wife of the said Richard Perkyn, and to every of the same children, as well sons as daughters, 3 shillings and 4d. Item, I bequeath to six of the children of my brother James Constable late of Capel aforesaid, Yeoman, deceased, and to every of them, as well sons as daughters, 3 shillings 4d. Item, I bequeath to four of the children of my sister Denys Chelsham now the wife of William Chelsham of Ockley aforesaid, Yeoman, and to every of them the said children, as well sons as daughters, 3 shillings and 4d. Item, I bequeath to my said sister Agnes Perkyn my crop of wheat growing and being in and upon 1 acre of land being the furthest acre that I have lying in the middle shot in Maresfield in Kingston aforesaid. Item I bequeath to my said sister Denys Chelsham, my crop of wheat growing and being in and upon other acre of land and to the aforesaid acre next lying. Item, I give and bequeath to my godson James Chelsham, one of the sons of the said William Chelsham, over and above his legacy aforesaid 3 shillings and 4d. Item, I give and bequeath to my goddaughter Joan Constable, the daughter of the said James Constable, besides my bequest before given, 3 shillings and 4d. Item, I give and bequeath unto my godson John Stere, the son of John Stere of Ockley aforesaid, Yeoman, 3 shillings 4d. Item, I give to all other my godsons and goddaughters whatsoever they be 12d apiece. Item, I give and bequeath unto my sister in law, Joan Constable, widow, late wife of my said brother Nicholas, a bushel of wheat. Item I give and bequeath to William Stere, the son of John Stere of Ockley aforesaid, 20 shillings to the increase of the stock of his money which I owe him. Item I give and bequeath to my cousin Nicholas Constable, the son of my said brother James, 20 shillings to the increase of his stock of money which I owe him, which 20 shillings I will shall be paid to him at his age of twenty and one years, and if he die before he comes to that age then I will that the same 20 shillings shall be paid to my said godson John Stere. Item I give and bequeath and to the said Richard Perkyn my best coat and best doublet. Item, I give and bequeath to my brother-in-law William Chelsham above named my second coat, my best hosen and my shirt that is the best. Item, I give and bequeath to Richard Perkyn, son of the said Richard Perkyn, my best canvas doublet, my sword, my dagger and my girdle thereto belonging, my best hat, two yards of white Kersey to make him a pair of hose and my best cloak. Item, I give and bequeath to Henry Beale of Surbiton, my buckskin doublet and my frieze coat. Item, I give and bequeath to Edward Beale, all the crop of wheat growing and being in and upon 1 acre of land lying and being in Barefield in Kingston aforesaid in a place there called Thames Furlong on the side of the green way there. Item I give and bequeath to Roger Beale my wife’s son £3 to the increase of his stock of 40 shillings which I owe him. Item I give to Thomas Grace of Kingston, smith, 2 yards of brown russet ___ of hose cloth. Item I give to William Brocksoll of Mickleham, all the crop of my ___ growing and being in and upon the lone half acre in Burrow Corner in Westfield in Kingston aforesaid. Item I give and bequeath to Henry Egar my servant for his good service 20 shillings and my lease which I have of certain lands to the third of the ground of William Broket of Surbiton, for certain years yet enduring, the same Henry observing, keeping and fulfilling all my covenants and grants agreed upon in the same lease mentioned. Item I give and bequeath to my servant William Felder for his good service

20 shillings, also a hose cloth and one quarter of barley. Item, I give and bequeath and to my servant Nicholas Banyster 20 shillings to be paid to him at his age of 21 years. Item, I give and bequeath to my maid servant Uryth Rogers 20 shillings and a stone of wool to make her a petticoat. Item I give and bequeath to Elizabeth Mitchell my cousin and servant for her good service 20 shillings, one red heffer with a white star in the forehead and a new double apparel, good and honest, beside that which she now hath, to be to her well and truly delivered at her departure out of my wife’s service. Item, I give and bequeath unto my late servant John Consett two bushels of rye. Item, I give and bequeath to Elizabeth Mitchell of Horton in the parish of Ebsham in the said county of Surrey, widow, half a quarter of rye to keep her children with and 12lb of wool, black and white to make her a frock. Item I give and bequeath to Edward Butler the writer hereof over and above that which he ought to have for his pains and writing, a riall of gold of 10 shillings. Item, I give and bequeath to the poor people of Kingston amongst the lame and impotent and such other whose most need shall be, 10 shillings. Item, I will that there shall be bestowed 20 shillings in meat and drink amongst my neighbours and friends at my burial. Item I will and bequeath to the said Richard Perkyn, the son of the said Richard Perkyn my brother in law, all my interest, lease and term of years that I have of, in or to all that the messuage, house, houses and all those the lands and tenements which the Bailiff and Freemen of the town of Kingston upon Thames aforesaid by their indenture under their town seal have demised, leased and let to farm unto me, the said James, and my assigns for certain years not yet ended and to have and to hold the said messuage house, houses, lands, tenements and all my interest, and term of years yet to come therein, together with my indenture of lease thereof, unto the said Richard Perkyn the son and his assigns upon condition that he the said Richard Perkyn the son shall at or in the said messuage house within one month next after that my said wife hath proved this my will, by his writing under seal, make a lease, good and sufficient, in the law, of all the said message, houses, lands and tenements with the appurtenances, unto the said Ellyn my wife for so many years within one [year] as shall be to come therein after my decease by force of the said indenture of lease and terms thereof, made by the said Bailiff and Freeman, the same one year so to be forprised or saved to the said Richard the son, shall be the last year that shall be to come in the same premises by the said indenture of the said Bailiff and Freeman by the which said lease so to be made of the premises by the said Richard the son to my said wife, the said Richard shall covenant and grant for him his executors and assigns, to and with the said Ellyn and her executors, that he the said Richard the son, his executors and assigns, shall yearly acquit and discharge the said Ellyn and her executors of all such yearly rents as shall be due after my decease for the said messuage, lands and tenements unto the said Bailiff and Freeman. And the said Richard the son shall and may, by his lease so to be made of the premises to the said Ellyn, refine yearly to him, his executors and assigns, so much yearly rent and no more as is or shall be yearly due and payable to the said bailiff and freemen by force of their said indenture. And the same rent so to be refined to be yearly paid by my said wife at such two usual feasts as the rent yearly refined for the same premises to the said bailiff and freemen ought to be paid and the same lease to be made of the premises by the said Richard Perkyn the son to my said wife shall be with proviso therein that if the said Ellyn do not well and truly pay or cause to be paid the rent to be refined and payable to the said Richard Perkyn the son, his executors or assigns, within 15 days next after every of the said two usual feasts wherein the same ought to be paid, or if it shall happen the said Ellyn to marry during the term of years to be granted by the said Richard Perkyn the son or if my said wife shall grant her interest in the same premises or shall let to farm any part or parcel thereof to any other person or persons, or if my said wife do not maintain and keep the reparations of the said houses and buildings and the hedges, fences, ditches and enclosures of the said lands and tenements in such manner and wise as I the said James, my executors and asigns ought to maintain and keep the same, that then it shall and may be lawful to and for the said Richard Perkyn the son, his executors and assigns, to re-enter into the same premises and every part thereof. Item, I will and my mind is that the said Ellyn my wife shall pay the next half years rent that shall happen to be due next after my decease for the said lands and tenements to the said Richard Perkyn the son, and the said Richard to pay the same over unto the said Bailiff and Freeman of the town of Kingston aforesaid and thereof off to acquit and discharge my said wife and her executors. Provided always and my very will is, that if my said wife will not take to farm the said messuage, house, houses, lands and tenements at the hands or by lease of the said Richard Perkyn the son, according to this my will, for then I will that the said Richard Perkyn the son and his assigns shall have, hold and

enjoy the same premises to his own use, the condition afore recited in this my will or any matter or thing herein contained to the contrary thereof in any wise notwithdtanding. Item whereas I have ordained, made and constituted Ellyn my wife my sole and only executrix, I will, and my very mind is, that if the said Ellyn my wife do refuse to be my executrix or do not orderly prove this my will within six weeks next after my decease, then I will the said Richard Perkyn my brother-in-law and the said John Stere of Ockley shall be my executors of this my last will and testament and shall perform the same in all things according to my very mind herein. And then I will to the said Ellyn my wife to be paid and delivered unto her by the said Richard Perkyn my brother in law and the said John Stere, so being my executors, £40 in money and all the implements, goods and stuff of household now being within the said house wherein I now dwell and that the said Ellyn from then further, shall not to be my Executrix neither shall have or meddle with any other of my goods, cattle or chattels other than this my last bequest to her last given and bequeathed, neither will I, that the said Richard Perkyn the son shall then make unto the said Ellyn my wife the lease of the aforesaid messuage, house, houses lands or tenements to him before bequeathed, but that the said Richard the son shall then hold the same premises to him and his heirs without any condition or other matter in this my will to the contrary thereof in anywise notwithstanding. Provided always and my very will and mind is that the said Richard Perkyn the son shall not have or meddle with any the corn or grain now growing and being in or upon the said lands or tenements to him before bequeathed but that the same corn and grain thereon growing and every part thereof other than such as by this my will is before bequeathed shall be to my executrix or executors towards the performance of this my will. Witness hereof William Steward, the above named Richard Perkyn and Edward Butler with others 


Proved 11th July 1570 to Executrix


NB The top left hand corner of the will is missing and the testators full name does not appear in the will, however a later 20th century hand identifies it as the will of James Constable of Kingston upon Thames on the reverse. The testator also refers to himself as "me" or "I" "the said James" within the will. He makes reference to his three brothers, John Constable of Capel,  Nicholas Constable of Ockley and another James Constable of Capel (it was not unusual to find two children with the same name in the same family at this time).