Augustine Spalding dated Nov. 29, 1626 of Tymworth, Suffolk, Will
1. In the name of god Amen.
2. the Nyne and twentie Daye of
3. November in the second yeeare of the
4. * Reigne of our most gracious Sov(er)eigne (*dating by Regnal year, the 2nd year of the reign of Chares I, 1626)
5. lord Chalres by the grace of god King
6. of England Scottland Fraunce & Ireland
7. Defender of the faithe & c* I Augustine (*right hand margin: "Testament, Augustine Spalding Ex(amintur)" i.e. examined
8. Spaldinge of Tymworth in the Countie of Suff(olk)
9. Husbandman beinge weake in bodie yet god be
10 thanked of good and p(er)fect
remembraunce Doe or-
11. daine and make this my last will and testam(en)t
12. in manner and forme followinge, First & before
13. all thinges I bequeath my sowle in the handes
14. of Almightie god that gave yt, And my bodie to
15. be buried in Christian buryall in the p(ar)ishe of
16. Tymworth or wher else it shall please god to call
17. me. Item I give and bequeath unto Elizabeth
18. my wyfe my Tenem(en)t wherin I nowe dwell w(i)th all ~ St. Leonards, Suffolk, England ~
19. the lands meadowes and pasture bothe free and
20. *Coppie to the same Tenement belonginge and app(er) et c(etera) (*see below for meaning of word coppie)
21, teyninge during the terme of Twelve yeres
22. next followinge after my decease for a better
23. bringinge upp of my three youngest Children,
24. And after the said Twelve yeres be expired I
25. give and bequeath the said Tenement & all my
26. free ground unto Thomas my sonne and to the
27. heires of his bodie layfulye begotten And for
(Note: 'sqiggles' at the end of each line in the original ensure no other words were added at later date)
28. want of heires of his Bodye lawfullye begotten
29. then to John my sonne and to the heirs of his bodie
30. lawfullye begotten. And for want of heires of his
31. bodie lawfullye begotten, then to William my sonne
32. and to the heires of his bodie .........
32. then my will is that it shallbe soulde by my
33. children then lyveinge, And the money
therof
34. arysinge to be equallie distrybuted amongst the
35. Survivors of my Children , Further my will &
36. meaninge that my sonne Thomas his heires or
37. assignes or whosoever shall possesse my freeholde
38. to paie yerelie and everie yeare unto Elizabeth
39. my wyfe duringe the termes of her naturall lyfe
40. yf she shall owte tyve the aforesaid twelve
41. yeres Sixe bushells of Corne, That is to saye a
42. Combe of Rye and twoe bushelles of Barlye att ~ Ecclesfield St. Mary's, Suffolk, England ~
43. or before the Feast of All Saintes, And that she shall
44. peaceablie enjoye duringe her lyfe halfe the
45. fruyt, Alsoe my will and meaninge is that Elizabeth
46. my wife shall have her dwellinge in the Bakehowse
47. duringe her lyfe with the use of the howse therto
48. adioyninge with free Ingres and egres to the said
49. howses at all Convenient tymes. Item I give and
50. bequeath unto John my sonne fowre akers of
51. Coppieholde land lyeinge in twoe peeces
in the feilds
52. of Tymworth & Fornham St Genofee, Item I
53. gyve unto William my sonne my other fowre akers
54. of Coppieholde lyinge in fowre peeces of in the feilds
55. in Tymworth and Fornham, lykewyse my will
56. and meaninge is that Elizabeth my wyfe shall
57. at the twelve yeres end leave the moveable
58. in vallewe as good as they shalbe prised after my ~ Tymworth with modern spelling from Old Maps website ~
59. decease. And my sonne Thomas to have the one
60. halfe and my wyfe the other halfe, and yf they
61. be not valewed to be soe good then my wyfe to
62. beaare the losse and not my sonne. Nevertheles
63. my will is that my sonne Thomas shall have the
64. Cubbard and my table in the hall at the
twelve
65. yeres end shalbe noe p(ar)te of the former
66. Division. Futher my will is that Elizabeth my wyfe
67. shall keepe the howses and fences in goode
68. and Suffycient rep(ar)ac(i)ons duringe the aforesaid
69. twelve yeres, And to comytt noe strippe nor wast
70 upon anye of the premises, Item I give & bequeath
71. unto my sixe dawghters, that is to saie to Margrett
72. Anne Elizabeth Alice Suzan and Sara fortye ~ Tymworth Church and Cemetery, Suffolk, England ~
73. shillinges a peece to be paid by my sonne Thomas
74. in manner and forme followinge, that is
75. to saie to my Daughter Margrett or to her Children
76. yf she be dead firtie shillinges within one yeare
77. after the twelve yeres be expired and soe fortie
78. shillinges a yeare the rest of my Dawghters or ther
79. Children from the eldest to the youngest, futhr
80. my mynde is that yf John and William my sonnes
81. or either of them shall fortune to sell ther Coppie
82. that my sonne Thomas shall have the other
83. of yt before anye other if he be able to purchase
84. yt. All the rest of my good not bequeathed I give
85. unto Elizabeth my wyfe and Thomas my sonne
86. Whom I doe ordaine and make my Executors of
87. this my last will and testamt to take my Debtes
88. to paie my debts And to bringe my bodie
89. honestlie to the groundgrave. In wyttnes wher
90. of unto I have putte my hand and seale the Daie
91. and yeare within wrytten. Sealed and delvered
92. in the presence of us John Scott, his marke, John Ely,
93. his marke and John Frost, his marke.
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"The Dictionary of Genealogy" by Terrick V. H. Fitzhugh, 5th ed, 1998.
*Copyhold. A form of tenure for land hold of a lord of a manor in return, originally for agricultural services, but, since Tudor times, for money payments. On admission of a new tenant, a payment (fine) to the lord was required, and on the death of a tenant, a heriot. Tenure of such land could be transferred only by its surrender to the lord, and by admission by him of the new tenant, who might be the heir of the old one. Each admission was recorded in the Court Rolls and a copy of the entry was given to the new tenant, for whom it fulfilled the function of a title deed; then the name Copyhold.
In other words, the land John Spalding bequeathed was held by *copy of court roll, and the land could be sold, bought or mortgaged.
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Thomas Spalding Will dated April 21, 1573, Tymworth, Suffolk, England
t.. Thomae Spaldinge (t. = Testamentum. thomae is genitive form of Latin for Thomas)
1. In the name of god Amen the twesdaye
2. beinge the xxj daye of Aprill In the
yeare of our Lord
3. God 1573. I, Thomas Spaldinge of Tymworthe in the diocese
4. of Norwiche and cowntye of Suff' husbandman beynge
5. syck in bodye and yet in perfeck Remembraunce thankes
6. be to god therfore made his testament nuncupatyve
7. contenyninge therein his last will in maner and forme
8. followinge or be lyke words in efreck vid(elicet) I give my
9. house and lands lyinge in Tymworth to Agnes
10. my wife for terme of her naturall lyffe and after her decease to remayne to my sonne Augustyne
~Bury St. Edmunds from the Air ~
11. Spaldinge, And he to paye to my sonne Robert Spaldinge
12. xj s (40 s) at the age of xxvj (26) years less the said Roberts and yf
13. Augustyne departs then I will the howse and lands and remains
14. to Robert my sonne and so the one to be the others heir - the
15. said howse and lands. Item. I give to everyone of my
16. other children xx s (20 s) apiece
to be paid at their severall
17. ages of xxvj yeares and my wife to pay the same xx s
18. a piece yf she dothe lyve and enjoy the howse and lands
19. untill their severall ages of xxvj (26) yrs and yf she
20. do not lyve so longe then I will that he to whom
21. the same house and lands shall pay the same
22. xx s a piece at the said age of xxvj yrs. The
23. rest of my goods with the said howse and lands
23. as is aforesaid I give to Agnes my wiffe and ~ Bury St. Edmunds Cathedral, Suffolk, England ~
23. she to bringe up my children as my trust is in hir
24. these words or the lyke in effect were spoken
25. the days and year aforesaid in the presence and hearinge
26. William Spaldinge, Richard Diggon, Agnes Diggon with others...
1. Eo quod nullus erat executor suprascripto testamento "In the above written nun-cupative will, there was no executor"
2. nuncupativo nominatnum Ideo per nos Johannem Broune - Clericum "named through us, John Broune, Clerk"
3. commissarium at officialem Archidiaconatus Subbur' norwicen'Dico'
4. legitime et respective deput' apud Bur-' Sancti Edmundi Commissa
5. fuit Administratio bonorum dicti Defuncti ect. Agneti Relicte dicti
6. defuncti priminus Jurat' etc. salvo Jurat' cuiuscumque de fideliter
7. administrand'eadem atque ad solvend' debita et legata ad usus
8. euisdem testamenti predict' etc.
Examininatum fuit Invent' xxi ji "Inventory was examined 21 pounds"
Note: the following will is listed in Wm. & Anna Rutherford's Spalding genealogy (Genealogical History of Our Ancestors), Vol II, p. 410. I do not have a copy of this will. If you have it, would you contact me?
3 May 1655: John Spalding of Wissett, county of Suffolk (England): to Margaret, my wife; to Thomas Spalding, my son & sole executor; to John Spalding, my youngest son; to Richard Spalding, my son; to Elizabeth Barwick, my daughter; to John Spalding my oldest son deceased; to Elizabeth Dodd my grandchild; to Wm. Fuller my grandchild. Proved 10 Dec 1659 by Thomas Spalding, execr. (Co Suffolk Wills: PCC Pell 555, Public Record Office, London, England.