Thomas Dive (bef. 1500 - abt. 1553)

Born before 1500 in Boughton Malherbe, Kent, England

Descendants

Died about 1553 after about age 53 in Kent, England

Problems/Questions Profile manager: Susan Scarcella [send private message]

Biography

Correct the descent: 1. We start with 'common ancestor' Christopher Dyve of Boughton Malherbe, clothier, c.1520-1570 (year of probate). He married (at least) twice. In his will he made a bequest to Nicholas Reynold 'son of my last wife'. It was his son Christopher who married Phoebe Badnor on 24 Dec 1576. 2. He was the son of Thomas Dyve of Boughton Malherbe, yeoman, c.1490-1553. Thomas' wife had pre-deceased him and is not apparent from the bequests. 3. He was the son of Thomas Dyve of Boughton Malherbe, c.1460-1521 (year of probate). Again his wife had pre-deceased him and is not apparent.

m Benet (UNKNOWN) Though we cannot prove it yet, there is strong evidence for a descent of the Kent Dives from the noble Dives of Bromham, Bedfordshire. Sir William Dive (m Anne Apprice) d 1537, had one of his many sons called Christopher (an uncommon name then as now). Most of the sons disappear from history, yet within a generation, we have our line of Christophers in Kent. The Dives of Bromham had strong links with Kent. They had land there, and were close allies of the Guildford Family of Sussex, from whom the Dives of Benenden tenanted their land, and for whom they worked for several generations even after the loss of Benenden.

Sources

• International Genealogical Index

Private research undertaken at Kent County Records.

WILL OF JOHN DYVE OF LENHAM, YEOMAN 1548

Note: The will transcribed here is that of John Dyve of Lenham, living c.1495-1549 (year of probate). Both his father and only brother were named Thomas and their wills, dated 1519 and 1553 respectively, have previously been transcribed.

The will is relatively long and at times repetitive. The first paragraph shows spelling as per will to illustrate differences. Subsequent paras use modern spelling for ease of typing and reading. Some text of lesser importance has been omitted, particularly from the end page. The transcription is a joint effort with Karen Stuart, who is much better at deciphering Tudor script than I am.

First part is the Testament dealing with personal estate. Second part is the Will dealing with property.

In the name of God, Amen. In the eighth daye of Maye in the yeare of our Lorde Jesus Christ from thy incarnacon a thousand fyve hundrede and [forty] eighte, and in the seconde year of the reigne of our sovereigne lorde Kyng Edwarde the Syxthe, by the grace of God of Yngland, Frannce and Irland kyng, defender of the fayth and, on earthe, of the Churche of Yngland and also of Irlande the supreme lord.

I John Dyve of Lenham in the county of Kent, yeoman, being of perfect memory and good remembrance (thanks be unto God) do make and ordain this my Testament and last Will in the manner and form following.

First I remit my soul (my body departed) into the hands of almighty God the father, trusting by the passion, bloodshedding and freedom of Jesus Christ my only saviour and redeemer to be saved.

Item: I will my body to be buried in the churchyard at Lenham aforesaid.

Item: I will and bequeath to Bennett Dyve my wife as much of any goods and chattels as shall be of the value of ten pounds of lawful money of England [on] condition that the said Bennett or any other for her or in her name do not claim to have any other tenancy or dowage over any land and tenement other than I have to her ordained and appointed by this my Testament and last Will.

And my will is that my goods and chattels be appraised by four independent persons whose names shall hereafter appear, and then my wife to have her first election of the same for the value of ten pounds as is aforesaid. The which goods and chattels by her so chosen I will shall be immediately after my decease extended to her by mine executor upon the condition aforesaid.

Item: I bequeath to Kathryn Dyve my daughter ten pounds in form following: that is £6.13s.4d [= ten marks] of lawful money of England and the residue to be in appraised stuff, and is to be delivered to her by mine executor on the day of her marriage but, if she do not marry within two years of my decease, then I will the said money and stuff to be put over in stock by mine executor to the increase and [for the] trust of the said Kathryn or her assignees, at her will and pleasure to be disposed of well (the stock as also the increase). And if it [is the mis-] fortune [of] the said Kathryn to depart this natural life before she marry or before two years be fully ended next after my decease then I will that the said £10 in trust aforesaid to her willed shall remain to John Dyve, Christopher Dyve, Robert Dyve and Thomas Dyve my sons, equally amongst them to be divided.

Item: I bequeath to every one of my godchildren one shilling.

Item: To Joanne Horpe [now Harper?] my daughter 2 ewes.

Item: I will to Robert Goldwell 2 ewes.

Item: I will to John Goldwell 2 lambs.

Item: I will that all the rest of my goods and chattels be appraised by four honest men and to be sold by mine executors to the best value towards the payment of any debts and legacies. And if there be more than will pay my debts and legacies, I will the same surplus to be equally divided by mine executors between my four sons John, Christopher, Robert and Thomas.

Item: I will that mine executors be at the appraising of all my goods and to make sale of them. And after the sale by them so made and money by them so extracted I will my bequests to be first discharged and then my debts. And I will 10 shillings to be given to the poor at my funeral in meat and drink. And at my Month’s Day [one month anniversary after death] 5 shillings in like manner.

Item: I will that William Syblty [now Sibley], Henry Adam, John Parkinson and Walter Gettor be independent appraisers of my forenamed goods and chattels, and every of them to have for their pains 12d.

Item: I ordain and make mine executors John Parckhouse and Thomas Dyve, my brother, and I will to either of them 10 shillings for their pains, taking and to have so much of my goods, but only their costs borne and labour expensed in all matters to this my will and testament.

Witnesses: Radolph Lsall [now LaSalle?] clerk, Henry Adam and Walter Gettor, by me the said John Dyve required. This is the last Will of the said John Dyve made and declared the day and year abovesaid for the ordaining of all of my land and tenements, fieldings, pastures, meadows, woods, underwoods with all and singular their appurtances situated, lying and being in the parishes of Lenham, Harrietsham, Hothfield, Westwell all the which are in the county of Kent.

First I will that if my goods and chattels will pay my debts and legacies then mine executors shall receive and sell all the exsectes [rent and other extracts] of all my land and tenements before-mentioned. Except and reserved rents due to the chief lord of the fee, or variable fees.

Item: I will to Bennett Dyve my wife one annual sum of twenty shillings by year, by her or her assignees to be extracted and paid yearly out of any house and land of mine in Lenham and Harrietsham, and one additional amount of 13s4d by year from my house and land in Harrietsham, and 13s4d by year from my house and land at Hothfield and Westwell, and 6s8d from my house at Lenham in which Thomas Lyche now dwelleth. All which several sums and any of them to be paid to the said Bennett annually during her natural life [further detail ensues].

Item: I will, give and bequeath to John Dyve my son all my house and belonging land together with appurtances in the parishes of Lenham and Harrietsham which I last bought off Stephen Fryar, on the condition that he will pay to Christopher Dyve his brother £10 on reaching the age of 20 and a further £10 on reaching the age of 21. Also John Dyve shall not sell the property to him before he reaches the age of 30. And if John Dyve should depart his natural life without heirs of his body and before Christopher is 30, then the property shall pass to Christopher.

Item: I will, give and bequeath to Christopher Dyve my son my house at Lenham in which Thomas Lyche now inhabits. And also my land, that is to say 20 acres by estimate more or less, lying in the parish of Ruckinge, on the condition that he shall not let or sell before reaching the full age of 30. And if Christopher shall depart his natural life before reaching 30 without heir, then these properties shall pass to John with the same condition that he not sell before the age of 30.

Item: I will, give and bequeath to Thomas Dyve my son my house and land in Harrietsham which is now devised and farmed by Jasp[er] Drayton, on the condition that Thomas shall not sell before the age of 30. If Thomas should die before 30 without heir, then the property shall pass to Robert Dyve.

Item: I will, give and bequeath to Robert Dyve my son all that house and land in Hothfield and Westwell in the tenure of John Matucks, on the condition that Robert shall not sell before the age of 30. If Robert should die before 30 without heir, then the property to pass to Thomas.

Item: I will to Joanne Dyve my daughter (born of that name) my tenanted house in Lenham North in which Thomas Parker now dwelleth, to be held to her and the heirs of her body forever.

Item: I will and bequeath to Nicholas Pepper and Elizabeth his wife, my daughter, the house and tenement in which Henry Bruar [now Brewer] now dwelleth in Lenham, to be held by Nicholas and Elizabeth and their heirs upon condition that they pay Christopher Badnor the sum due under a 10 shilling indenture between Edmund Badnor, late deceased and John Dyve.

Item: [Duties of executors and provisions for maintenance of sons below age 21.]

Witnesses: Radolph Lsall clerk, Henry Adam and Walter Gettor

WILL OF JOHN DYVE, 1548 : COMMENTS

1. John did not inherit much property from his father (per 1519 will) so John’s accumulation of properties was self-made. He appears financially astute and perhaps somewhat controlling in nature. The source of his funds is not clear: could he have been a livestock merchant and/or wool trader, or have sold mutton-burgers to pilgrims on their way to Canterbury? His brother Thomas was also described as a yeoman but was less wealthy.

2. So John has four sons (John, Christopher, Robert and Thomas) and three daughters, Joanne, Elizabeth and Kathryn of which the first two are already married. Christopher, Robert, Thomas and Kathryn are below the age of 21 but there is no indication that Bennett was John’s second wife, so she may have been younger than him. Focusing on Christopher, if he were say 18 at the will date, then he would have been born in 1530. He is unlikely to have been born pre-1530.

3. From the 1553 will of brother Thomas Dyve of nearby Boughton Malherbe we know that he had two sons, Saffery and another Christopher. So Chris and Chris were first cousins. Only one will of Christopher fitting this timeframe is filed at Canterbury Cathedral archives, and this 1568 will of Christopher Dyve of Boughton Malherbe, clothier, has previously been transcribed. This Christopher (the common ancestor of all Kent Dive Facebook group members) was relatively prosperous and held property in Boughton Malherbe, Lenham and Bethersden. He married twice and had five children, of which only the eldest, Thomas, was over 21 at the will date. However this still means that (assuming Christopher did not become a father until over 21 himself), he must have been over age 42 in 1568, and therefore born pre-1526. Hence we conclude that this will-making Christopher was the younger son of Thomas Dyve rather than John. His lifespan was probably c.1520 to 1570 (year of probate). This fits with the naming of his eldest son as Thomas and continuing property ownership in Boughton Malherbe. Karen Stuart, on her recent Relationship Chart for Facebook group members, already shows Thomas as Christopher’s father.

4. So it was Christopher, son of John who did not leave a will. He may have died relatively young, perhaps suddenly. Of course, up to age 30 his father had pre-determined to whom his property be transferred upon death. -Stephen Diver