Will of John Frewen (1596-1654)

Location: Northiam, Sussex, England
Surname/tag: Frewen

Contents 1 Introduction 2 People List 3 Property List 4 Will Transcript 5 Proving Transcript 6 Research Notes 7 Sources

Introduction

This is a transcript of the Last Will and Testament of John Frewen (1596-bef.1654), Clerk, Rector of Northiam in the county of Sussex, England, dated 18 August 1653 and proved at Westminster on 14 March 1653/4.^[1][2]

Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

People List

People in the will, in the order that they are mentioned.

• Dorothy, my beloved wife
• John, son
• Thomas, son
• William, son
• Samuell, son
• Mary, daughter
• Mr Thankefull Frewen, beloved brother
• Mr John Sharpe, sonne in lawe, of Tenderten, Kent
• Mary, grandchild, daughter of daughter Mary
• Kinge Charles, deceased
• Right Honourable Thomas late Earle of Winchester deceased
• Timothy Butler
• William Bridges
• John Igulden
• Abell Glidd
• Timothy Butler senior, cosen
• Ann Boyes, servant
• John Iggulden, witness
• Thomas Frewen, witness
• Gyles Clarke, witness

Property List

Property in the will, in the order that they are mentioned.

• Lands in the Parish of Icklesham leased to brother Thankfull Frewen
• Messuage, garden, orchard, and land in the Parish of Northiam purchased from Timothy Butler
• Current dwelling house in the parish of Northiam along with other lands purchased from William Bridges and Timothy Butler
• Lands in the Parish of Hawkhurst, Kent, held as gavelkind tenure (see Research Notes)
• Lands of John Iggleden in the Parish of Northiam, providing an annuity
• Little cottage or tenement in the Parish of Northiam, purchased from Abell Glidd
• Copyhold lands in the Parish of Northiam held by the Manor of Ewhurst

Will Transcript

[Page 1]

In the name of God Amen
August the eighteenth Anno domini one thousand six hundred fiftie and
three I John Frewen of Northyham in the County of Sussex Clerk beinge
in good health and p[er]fect memory (thankes be given to God) consideringe the
shortness of mans life the certaintie of death and the uncertaintie of the
tyme and well knoweinge that the tyme of sickness and weakeness is fitter to
be spent in meditation on heaven and heavenly thinges and in prepareinge
a mans soule for the kingdome of heaven then at that tyme to be trobled
about the disposeings of his worldly estate I have thought fitt for the better
setlinge and disposeinge of the estate w^ch God in his mercy hath given unto me
to make my last will and testament in this tyme of my health and p[er]fect memory
And I doe make my last Will and Testament in manner and forme followinge
First I give and bequeath my soule unto the hands of Allmightie God
steadfastly hopeinge and beleiveinge by and through the meritts of Jesus
Christ my redeemer to obtaine free pardon of all my sines and my body I comitt
to the earth from whence it came to be buried in decent manner of Christian
buriall Item I give and bequeath unto the poore people of Northiam fifty
shillinges of lawfull mony to be distributed amongst some of them as my
executrix shall think fitt within one month after my decease Item I give
and bequeath to Dorothy my beloved wife all her weareinge apparell rynges
and rydeinge furniture w^ch shee shall have at the tyme of my decease And
allsoe all such household p[ro]vision and victuall whatsoever as then shall be
in my house togeather with all such wood coals swine and poultry as then
shall be in or about my house And all such wheat malt and other corne as I
shall have then growinge or in my house or barne or shall then be oweinge
unto or due unto mee from any p[er]son or p[er]sons whatsoever Item I give and
bequeath unto every one and other of my children John Thomas William
Samuell and Mary one featherbed and bolster and pillowe Coverlett (or rugg)
two blankets two pairs of sheetes two table cloathes two towells and a dozen
of napkins and trunks or chest with locks and keyes unto them All w^ch to be taken
at the choyce of my said children the eldest to his choyce first and then the
others accordinge to theire seniority of birth to have theire priority of choice
and if any of my children should not be of age or dyscretion to make choice for
themselves then my will is that my beloved brother M^r Thankefull Frewen
and my sonne in lawe M^r John Sharpe of Tenterden in the Countie of Kent
doe make choice for such of them And my will is that the same shall be delivered
unto them within six monthes next after they shall attain theire sev[er]all ages
of one and twenty yearss or dayes of marriage w^chshall first happen and untill
that tyme shall remaine in the Custody of my beloved wife if shee shall
soe longe live and remain a widowe but if she shall happen to marry or to
die then to be delivered and remaine in the custody of my good brother M^r
Thankefull Frewen and my sonne in lawe M^r John Sharpe of Tenterden And

[Page 2]

my will and desire is that my said children shall sev[er]ally have and enioy all
such silver spoones and other plate as by theire frends have been ser[er]ally
given unto them to my sonn John eight silver spoones and one gold guilt spoone
my sonne Thomas three silver spoones and one gold guilt spoone and two litle
silver Cupps my sonn William one silver tanker one silver wine Cupp two
gold guilt spoones and a silver porringe my sonne Samuell fouer silver
spoones And my daughter Mary one gold guild spoone and one silver spoone
and I alsoe hereby give and bequeath unto my sonne John my silver tanker
and two gold guilt wine Cupps And to my daughter Mary six silver spoones one
silver bowle and one gold guilt wine cupp all w^ch to remaine in the Custody of
my beloved wife untill they come to there sev[er]all ages of one and twenty
yeares or dayes of marriage if shee shall soe long live and remaine a widow
but if shee happen to dye or to marry before they shall attayne to that
age or dayes of marriage then to remaine in the custody of my brother M^r
thankefufl Frewen of London and of my sonne in lawe M^r John Sharpe of
Tenderden in the County of Kent Item I do further give and bequeath unto Mary
my said daughter a longe a longe damaske Table cloth and a short damaske
Table cloth and two dozen of damaske napkins and a damaske Towell Item I
give unto Mary my grandchild the daughter of my said daughter Mary the
sume of fifty pounds of lawfulll mony to bee paied into the hands of my sonne
in lawe M^r John Sharpe within six monthes after my decease (if my said
grandchild be then livinge) by him to be repaied unto her (towards the
increase of her portion) when shee shall attaine unto the age of one and
twenty yeares or daye of marriage which shall first happen Item whereas
by force and vertue of certaine Articles of agreement made and agreed
upon between my brother M^r Thankefull Frewen on the one part and me
the said John Frewen of the other part bearinge date the one and
twnetieth day of July in the seventeenth yeare of the late kinge Charles
I have and ought to have and enioy a p[ro]portioanble share and benefitt of the
rents and profits of certaine lands lyeinge in the parish of Irhillson in the
County of Sussex late the lands of the right hon:^ble Thomas late Earle of
Winchester deceased and lately leased unto my said brother M^r Thankefull
Frewen for a tearme of yeares yet to come and unexpired as in and by the
said Articles more at large appeareth Nowe my will and meaneinge And I
doe hereby will and bequeath that Dorothy my welbeloved wife shall have
receave and enioy the third part of my share and p[ro]portion of rent of the said
premisses durenge the said tearme of years therein to come and unexpired
if she shall soe longe live and remaine a widowe for and towards the
mainetainance and education of all my children And the other two parts
of the said rents I give and bequeath unto my said eldest sonne John Frewen
towards his present mainetainance Item I give unto my said sonn John Frewen
and his heires for ever the messuage or tenement garden orchard and lands
thereunto belongeinge unto yueinge in the whole two acres whether of the same
there be more or lesse w^ch I lately bought of Timothy Butler senior (and
now is in the occupation of the said Timothy Butler or his Assignes lyeinge
and beinge in the parish of Northyam Item I give unto my sonn Thomas
Frewen and his heirs for ever (after the decease of my wife) the house I
nowe dwell in with all the orchards gardens barns and other buildinges and other
lands commonly called or knowne by the names of Farthinges or Millers which
I purchased of William Bridges together with about a quarter of an acre of
land adioyneings to my orchard w^ch I bought of Timothy Butler provided
always and upon this condition that my said sonne Thomas doe in consideregard
thereof resigne resigne and yield up unto my sonne John Frewen and to his heirs
for ever (within six monthes after my decease and the decease of my wife) all
his right title claime and interest unto certaine lands in Hawkhurst in the

[Page 3]

County of Kent of the nature of Gavelkind lands which is entayled unto
all my sonnes but if my said sonne Thomas doe not within six monthes after my
decease and the decease of my said wife resigne and yeild up unto my said sonne
John all his right title clayme and interest unto the said lands in Hawkhurst
then my will is that my said sonne John and his heires for ever shall have and
enioy the said howse I now dwell in with all the buildinges and lands formerly
mentioned and bequeathed unto my sonn Thomas Item I give unto my sonne
William Frewen and his heires for ever one Annuity of three pounds p[er] Anum
which I have issueinge out of the lands of John Igulden (late pipers) lyeinge
and beinge in the parish of Northyam aforesaid Item I give unto my sonne
William nynescore pounds of lawfull mony of England (which ninescore
pound my will is shall be paied into the hands of my overseers my brother
M^r Thankefull Frewen and my sonn in lawe M^r John Sharpe within six
monthes after my deceae and by them to be repaied unto my sonn William
Frewen when he shall come unto the age of one and twentie yeares (provided
allwayes and upon this conditon that my said sonne William Frewen (within
six monthes after he comes to the age of one and twentie yeares after my
decease and the decease of my wife) doe yeild up unto my eldest sonn John Frewen
and his heires for ever all his right title clayme and interest unto certain
lands in Hawkhurst of the nature of Gavelkind lands but if my said sonne
William Frewen doe not within six monthes after he comes to the age of one
and twenty yeares or within six monthes after my decease and the decease
of my wife yeild up all his right title clayme and interest unto the said lands
in Hawkhurst to my said sonn John Frewen and his heires for ever Item
I will and bequeath unto the foresaid some of ninescore pounds to my said sonn
John Frewen and his heirs for ever Item I give unto my sonne Samuell
Frewen and his heires for ever my little Cottage or Tenement with the
appurtenunces w^ch I purchased of Abell Glidd lyeinge and beinge in
Northyam aforesaid Item I give unto my said sonn Samuell and to his heires
fir ever all my Coppyhold lands lyeinge and beinge in the parish of
Northyam aforesaid and holden of the Mannor of Ewhurst Item I give and
bequeath unto my son Samuell the sume of fiftie pounds of lawfull
mony of England to be paid within one yeare after my decease into the hands
of my brother M^r Thankefull Frewen and my sonne in lawe John Sharpe
to be by them imployed in bindinge out my said sonne Samuell to be an
apprentice in the City of London or to be otherwise imployed for hus use and
profitt as they and my executrix shall thinke best Item I give unto my said
sonne Samuell Frewen and his heires for for ever the sume of ninescore pounds
of lawfull mony of England w^ch ninescore pounds my will shall be paied
into the hands of my brother M^r Thankefull Frewen and my sonne in lawe
M^r John Sharpe within six monthes after my decease and by them to bee
repaied unto my sonne Samuell Frewen when he shall come to the age of
one and twentie yeares proveded allwayes and upon this Conditon that my
said sonne Samuell (within six monthes after he comes to the age of one
and twentie yeares and after my decease and the decease of my wife)
doe yeild up unto my eldest sonn John Frewen and his heires for ever all his
right title clayme and interest unto certaine lands in Hawkhurst of the
nature of Gavelkind lands but if my said sonne Samuell Frewen doe not
within six monthes after hee comes to the age of one and twentie yeares
or within six monthes after my decease and the decease of my wife
yeild up all his right title clayme and interest unto the said land in Hawkhurst
to my said sonne John Frewen and his heires for ever then I will and
bequeath the said sume of ninescore pounds to my sonne John and his heires
for ever Item my will is that is any of my sonnes happen to dye before they
have receaved the said severall sumes bequeathed unto them that then
the said severall sume or somes be equally divided amongst my sonnes which

[Page 4}

shall be then livinge Item I give and bequeath unto my sonne Thomas all my
divinity bookes notes and mynuments whatsoever Item I give and bequeath unto
my sonne John Frewen all my other books notes mynuments whatsoever And
my will is that they be delivered unto them by my executrix and overseers of
this my last will and Testament within one halfe yeare after my decease all the rest
of my goods chells and household stuffe (as plate beddinge bedstedles curtaines tables
stooles chaires Cushions linnen pewter brass yron) and all my husbandry instruments
or tooles not formerly bequeathed I give and bequeath unto my Sonne Thomas
Frewen and his heires for ever porvided allwayes and upon tihs Conditon that my
said sonne Thomas in consideration thereof to pay unto my two younger sonnes
William and Samuell to each of them the full some of twenty pounds of lawfull
mony of England within six months after my decease and the decease of my wife
but if my said sonne Thomas doe not within the said limited time pay p[er]ay or
cause to be paied unto my said sonnes William and Samuell to each of them twenty
pounds a peice then my will is the for the fore mentioned household stuffe (as
plate beddinge bedstedles curtains tables stooles chaires cushions linnen pewter
brass iron and woodden vessells) shall be equally devided by my overseers betwixt
my two younger children children William and Samuell But my will is that my wife
shall have and enioy all the promisses (my bookes notes and mynuments only
excepted) soe longe as she remaines a widowe (if she desire it) And I doe make
Dorothy my welbeloved wife sole executrix of this my last will and Testament but
if shee happen to dye before me or before shee hath proved this my last will and
Testament then I doe hereby appoint my eldest sonne John Frewen to be the sole
executor of this my last will and Testament And I desire and appoint my loveinge
brother M^r Thankefull Frewen and my sonne in lawe M^r John Sharpe of Tenterden
to be overseers of the same intreateinge them to be aideinge and assistinge unto
my wife in the execution of this my last will and Testament and to helpe her to
gett in such debts as shall be due unto me at the dime of my death Allsoe I give
and bequeath unto my beloved wife all the rents and profitts of my Annualty as
all the rents and profitts of all my Tenements and lands in Northyam aforesaid to
have hold and enioy from and after my decease untill the day of her death if shee
shall she longe remaine a widowe but if shee happen to dye or to marry than I will
and bequeath all the rents aforesaide to my overseers of this my last will and
Testament in trust for and towards the mainetainance and education of my children
untill they shall come to the age of one and twenty yeares Item I give unto my
cosen Timothy Butler sen forty shillinges Allsoe I give unto my servant Ann
Boyes (if she dewll with me at the tyme of my decease) the sum of three pounds And
unto all the rest of my servants tenn shillinges a peece of lawfull mony of England
to be paied unto them within six monthes by my executrix after my decease
As touchinge my lands in Hawkhurst my will is that my wife shall receave and
enioy all the rents and profitts thereof soe linge as she liveth whether shee
marry or not marry In witnes whereof I the said John Frewen have herento set
my hand and seale and unto every sheete of paper beinge fouer in number
I have subscribed my name John Frewen written with my owne hand signed
sealed published and declared in the presence of us John Iggulden Thomas
Frewen Gyles Clarke

Proving Transcript

This will was proved at Westminster the seventh day of March in the
yeare of our lord one thousand six hundred and fiftie and three before the iudges for
probat of Wills and grantings of Administrations lawfully Authorized by the
oath of Dorothy the relict and executrix named in the said will to whom
Administration was Committed of all and singular the goods chells and debts
of the said deceased she beinge first sworne by Com^on truely to Adm^e the same

Research Notes

Gavelkind
Gavelkind was a system of inheritance in which a deceased person's land was divided equally among all male heirs.^[3] In his Will John compensates his younger sons if they are willing to resign their claims on their portion of that inheritance.

Right Honourable Thomas late Earle of Winchester deceased
The Earldom of Winchester, which was never held by anyone called Thomas, was returned to the crown in 1500.^[4] It is likely that John meant Thomas Finch, Earl of Winchilsea, who had died in 1639, and held lands at Icklesham^[5] (thanks to Nic Donnelly for the suggestion). This ties in with the agreement detailed in the Will dated 21 July in the 17th regnal year of King Charles I, which equates to 21 July 1641.^[6] This is confirmed by an Assigment in trust to Thankful Frewen for £30121 7s 6d, of land and hereditaments in Icklesham late property of the deceased Earl of Winchelsea.^[7] The mortgage referred to was dated the 21 July 1641.

Sources

1. ↑ National Archive
   Reference: PROB 11/240/347
   Description: Will of John Frewen, Clerk of Northiam, Sussex
   Date: 7 March 1654
   Held by: The National Archives, Kew (accessed 19 June 2022)
2. ↑ Will: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858"
   The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 240
   Ancestry Sharing Link - Ancestry Record 5111 #370334 (accessed 30 June 2022)
   Will of John Frewen of Northsham, Sussex, England, granted probate on 7 Mar 1653. Died Abt 1653.
3. ↑ Wikipedia Accessed 30 June 2022.
4. ↑ G.E.C. [George Edward Cokayne], ed., Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom: Extant, Extinct, or Dormant. [First edition] Volume 8.
   Internet Archive Accessed 30 June 2022.
5. ↑ https://www.historyofparliamentonline.org/volume/1604-1629/member/finch-sir-thomas-1578-1639
6. ↑ Regnal Year Calculator Accessed 30 June 2022
7. ↑ National Archive
   Reference: FRE/370
   Description: Assignment in Trust
   Date: 1 October 1649
   Held by: East Sussex and Brighton and Hove Record Office