26 December 1578 Will of Henry Fawkner of Litton, Dorset, yeoman (proved 20 June 1579)

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In the name of god aman The xxvi th daye of December in the yeare of or Lorde 
god according to the computacon of the churche of England one thowsand five hudnred seaventy and eighte I
Henry Fawkner of Lytton in the county of Dorset yeoman of the Dioces of Bristoll being sick in bodye but perfecte
of remembraunce thancks be given unto Almighty god and calling to remembraunce the certenty of Deathe 
and the uncertein howre thereof Doe make my testament and Last will in mannr and forme following that is to 
saye First I give and bequeathe my sowle into the handes of Almighty god my onely redemer and savior And my
bodye to the earthe to be buryed in the churche of Lytton aforesaide Itm I give unto the parrishe stocke of Lytton xiii s iiii d


Itm I give to the poore people of the same PARishe to be distributed by the discrecon of my Overseers six shillings 
eight pence Item I give to the poore people of Pouncknoll vi s viii d to be likewise distributed Item I give to the 
poore people of Swyre vi s viii d to be likewise distributed Item I give to the poore people of Abbotesbury 
tenne shillings to be likewise distributed Item I give to the Cathedrall church of Bristowe iiii d Item 
I give to every of my godchildren vid Item I give graunt and bequeath unto Henry Fawkener my sonne 
and his heires all that my messuage or farme wthall and singuler Lands tenements hereditaments and apprtenncs
thereunto belonging whatsoever sett lying and being in Lytton in the Countie of Dorset being now or late 
in the tenure use or occupacon of me the said Henry Fawkener and myne assignes Except and allwayes 
reserved out of the same messuage or farme two parts of the old yearely rent of seaven pounds eightene shillings tenne
pence heretofore due and paiable out and for the said messuage or farme to be hereafter paid and issuyng out 
of the said messuage or farme unto Martha my wief for and during the terme of her naturall lief 
if she so long shall live sole chast and unmaried after my decease To have and to hold all the said Messuage 
or farme with all and singuler thapprtennces thereunto belonging together with all rents re???oncs 
and proffitts thereof (excepte before excepted) unto the said Henry Fawkener my sonne and to be heires 
males of the body of the said Henry Fawkener my sonne lawfully begotten and to be begotten for ever
And for defaulte of such issue of the heires males of the body of the said Henry my sonne to be begotten The remayndor
of the said messuage or farme and other the premisses (Except before excepted) after the decease of 
the said Henry my sonne to come discend and be unto John Fawkener my second sonn and to the heires 
males of the body of the same John Fawkener my sonne lawfully begotten and to be begotten for ever And
for default of such issue or issues males of teh bodye or bodyes of the said Henry my sonne and John my
sonne to be begotten The remainder of the said messuage or farme and other the premisses (excepte before
excpted) after the decease of teh said Henry my sonne and John my sonne and the ecease of either of them
dying wthout such issue as aforesaid to come discend and be unto the right heires males of me the said Henry
Fawkener begotten and to be begotten for ever And for default of such issue or issues males of the 
bodye or bodyes of the same Henry my sonne and John my sonne to be begotten And for default of other 
issue or issues males begotten and to be begotten by me the said Henry Fawkener The remaindor of 
the said messuage or farme and all other the premisses (except before excepted) after the decease of the said 
Henry my sonne and John my sonne and the heires males of my body begotten and to be begotten dying 
whtout heire males or heire male to come discend and be unto the right heires of me the said 
Henry Fawkener for ever Provided allwayes that if any PERson or PERsonnes or their heires to
whome any estate of inheritaunce of the prmisses or any PARte thereof is before by this my pnte Will
limitted or appointed shall at any time or times hereafter alien bargaine sell discontinew knowledge 
any fyne or fynes for any recovry or recoveryes or by any other wayes or meanes make or convey or 
suffer to be made or conveyed directly or indirectely my conveyaunce or conveyauncs of the prmisses 
or of any PARte or PARcell thereof to him them or any of them devised unto any PERsonne or PERsonnes bodyes 
politique or corporate whatsoevr whereby this my will or intailes thereof or any of them shalbe 
altered or chaunged in the estats thereof That then as now and now as then I will that all and 
singuler such PERson or PERsonnes bodyes politique and corporate their heires successors and assignes 
and the heires successors and assignes of them and every of them to whome any such alienacon 
bargaine sale discontinuaunce fyne or fynes recovery or recoveryes or other conveyaunces shalbe
had made or conveyed or suffred contrary to the true intent and meaning of this my present will
shall stand and be seised of all and singuler suche the presmisses and evry parcell thereof so alienated barganed 
solde Discontinued knowledged by fyne or fynes Recovry or otherwise conveyed and assured to the use of 
suche person or persons to whome the premisses so alienated or discontinued shoulde have discended 
remained or come after the decease of the saide person or persons that shall make or suffer any suche 
alienacons Fynes recovryes conveyauncs or discontinuaunce of suche lyke estate in them and evry of them as they and evry of them
them shoulde have had after the Decease of the saide Barganors alienors or Discontinewors yf noe 
suche alienacon bargaine sale Discontinuaunce Fyne or Fynes REcovrye or Recovryes or other conveyaunce 
had bene had suffred or made And that it shall and maye be Lwfull by the aucthoritye of this my 
last will to the said PERson or PERsons to whome the premisses or any parte thereof so alienated and discontinued 
shoulde have Discended remayned and come after the Decease of the saide Discontinors yf no suche Discontinuaunce 
had bene made ymediatly or whensoevr yt shall please him or them to enter into the saide messuage and farme 
and all and singuler other the premisses with theappurtenncs thereunto belonging so Discontinued And the 
same to retayne and kepe and such estate therein to have and enioye as they shoulde have had after the 
Decease of the saide Discontinuors yf no suche discontinuaunce had bene had made or suffered 


		Any thinge before in this my will specified or conteyned to the contrary thereof 
in any wyse notwithstanding Itm I give and bequeathe unto hte saide John Fawkner my sonne all suche 
estate Righte tytle Revrcon terme of yeares terme of Lyves whiche I have or oughte to have of in and to 
all those Landes meadowes and pastures called MoroeLease lying and being in the mannor of Looke in the county
of Dorset rogether with the stock of fouretene kyne and one bull All the use proffitt and increase of the 
saide Lands meadowes and pastures called Morolease and the saide stocke of xiiii kyne and one bull my minde
will and intent is that Martha my wyffe shall have and enioye for during and untill suche time as the
saide John shall accomplishe and come to the age of xxi yeares so that the saide Martha my wyffe shall so
longe continue sole chaste and unmarryed And in case the saide John shall fortune to decease before the saide 
age of xii yeares Then my will minde and intent is that the same estate and terme of yeares and Lyves 
in the saide Lands medowes and psatures called Moroelease together with the saide xiiii kyne and one bull
shall remaine and be unto hte childe yet unborne whiche my wyffe nowe goeth with all so that it be a man
childe But in case yt be no man childe or that the same man childe shall decease before suche time he shall
come and be of the age of xxi ty yeares Then the same to come and be unto the said Henry my sonne And 
whereas I have willed that John my sonne shall have the Revrcon of Morolease for terme of his Lyffe 
in manner and forme aforesaide my intent and will is that Henry my sonne shall procure unto him an estate 
for terme of his lyffe whiche thinge yf Henry my saide sonne shall refuse to doe at suche time as shalbe
thereunto requyred by my executors then Lyving or that my saide sonne John cannot have and possesse the same
accordinge to this my will Then my will is that myne executors shall paye unto my saide sonne John Fawkner 
one hundred poundes of Lawfull englishe money at xxi yeares of age to be Levyed in and uppon my saide
farme and owte of the grounds thereunto belonging Itm I give and bequeathe unto the saide John my
sonne one Annuall or yearely rent of v l of Lawfull money of England yssuing payeable and to be 
going owte of  my saide messuage or farme with the appurtenncs in Lytton aforesaide To have and to holde the 
same annuall or yearely Rent of v l unto the saide John ymediatly from and after suche time as the saide
estate Righte and terme of yeares of in and to the said Lands medowes and pastures called Moroelease and
the saide stock of kyne and bull according to the meaning aforesaide shall comd and be in the use of the saide 
John or when the saide John shall come to the age of xxi yeares for and during the naturall Lyffe of the 
saide John Soe that the saide John shall not sell the same Annuety unto any person or PERsons but onely 
to the saide Henry his brother To be paide at the foure most usuall feasts or termes in the yeare
that is to saye the birthe of or Lorde god Thannciacon of or Layde St Marye the virgin, the Nativity
of St John Baptist and St Michaell Tharchangell by even porcons And if it shall happen the 
saide Annuall or yearely rent of v l to be behinde and unpaide in parte or in all by the space of one 
moneth after any the saide Feasts in whiche yt oughte to be paide that it shall and maye be then Lawfull
unto and for the said John Fawkner and his assignes into the saide messuage or Farme with thappurtenncs
or any parte thereof to enter and distrein and the distresse and distresses then and there so founde and 
had the same to detein and impounde untill the saide annuall or yearely rent so to be behinde withe the 
arrerages thereof yf any shall happen to be shalbe to the saide John fully paide Itm I give and bequeathe unto
the saide John my sonne my second best fetherbed with all the furniture thereunto belonging to be delivred 
him by the discreacon of my saide wyffe Itm I give to the saide John my sonne one silvr salbe with a cover 
parcell gilte and vi silvr spoones Itm I give and bequeathe unto the saide Henry Fawkner my sonne all
and all mannr my howseholde stuff ploughe stuff setlings seelings utensills and implements as well move-
able as unmoveable of what name or names soevr the same be of or is knowne to be sett Lying being and 
placed within and uppon my saide messuage or farme in Lytton wherein I now and Late dwelled as well
within Doores as withowte And my minde will and intent is that my saide wyffe shall have the use and 
occupacon of all the saide howseholdestuff ploughe stuff setlings seelings utensills and implements in and 
uppon my saide messuage or Farme During her naturall lyffe so that the saide Martha my wyffe shall so
longe continue and be sole and unmarryed and not otherwise Itm I give and bequeathe unto my Daughter 
Katherine Fawkner forty pounds of Lawfull englishe money to be paide to the saide Katheryn at and in
the Daye of her marriage or at her age of xxi yeares so that she be ruled by myne executors Itm I 
give and bequeathe unto my Daughter Alice Fawkner xl l of Lawfull money of England to be paide
unto the said Alice at and in the Daye of her marriage or at the age of xxi yeares so that she be ruled 
by my executors Itm I give and bequeathe unto my Daughter Jone Fawkner xl l of Lawfull money of 


England to be paide unto the saide Jone at and in the Daye of her marriage or at the age of xxi yeares 
so that she be ruled by my executors Itm I give and bequeathe unto my daughter Issett Fawkner xl l of 
lawfull money of England to be paide unto the saide Issett at and in the Daye of her marriage or at the age 
of xxi yeares so that she be ruled by my executors Itm yf it happen that any of my daughters doe dye before 
the daye of marriage or of xxi ty yeares Then my will is that her or theire porcon so dying before the daye
of marriage or of xxi yeares shall remaine and goe to my daughters ovrlyving equally to be devyded betwene 
them Itm I give and bequeathe unto Anne Fawkner daughter of my brother John Fawkner x l of
Lawfull money of England ovr and above the Legacies due unto her from my Father John Fawkner
and my mother Magdalen to be paide to the saide Anne Fawkner at and in the daye of her mariage
Provyded allwayes and my will minde and intent is that if my saide wyffe shoulde fortune to decease 
before my sonne Harry shall come to the age of xxi ty yeares That then myne executors shall have the 
saide twoe partes of the saide yearely rent of vii l xviii s x d before given to the saide Martha my wyffe 
towards the payment of my debts and Legaceis untill suche time as the saide Henry my sonne shall come 
to the saide age of xxi yeares And whereas the saide Martha my wyffe is now with childe Itm I 
give and bequeathe unto the same childe yet unborne yf it be a man childe one hundred mrks of Lawfull
money of England to be paide at suche time as the saide man childe yet unborne shall accomplishe and be
of the full age of xxi ty yeares And in case my saide wyffe be nowe with childe with a mayde Then I give 
and bequeathe unto the same mayde childe yet unborne xl l of Lawfull money of England to be paide 
unto the same mayde childe at suche time as the same mayde childe shalbe and accomplishe the age of 
xxi yeares Item I give and bequeathe unto my saide wyffe Martha one hundred pounds to be paide 
unto her at the daye of her marriage And whereas my brother in lawe Symon Pyke hathe to him
conveyed by assuraunce and conveyaunce in wryting of trust from from heretofore made an estate or estates 
of and in the saide messuage or Farme with the appurtenncs for certen time and yeares yet therein to come 
my will and hope is that the saide Simon Pike will uppon demaund convey and assigne ovr all his 
Righte tytle estate and estates and terme of yeares of in and to the saide messuage or Farme with 
theappurtenncs unto my saide wyffe Martha Edward Kete and John Brooke Itm my intent will and 
meaning is that Simon Pyke shall convey assigne and sett ovr all the Righte tytle Interest estate 
or terme of yeares whiche he hathe to come in the farme or capitall messuage of Lytton aforesaide with 
thappurtenncs or any parte or moytie thereof unto Martha my wyffe Edward Kete and John Brooke
my exeuctors To have and to holde the saide Farme or Capitall messuage with all and singuler theappurtenncs
unto the saide Martha Fawkner my wyffe Edward Keete and John Brooke during the whole terme conteyned 
in the saide Lease to the payment of my debts and Legaceis and to the keping of my wyffe and children and 
theire better advauncement And that the saide Martha my wyffe shall enter in bond unto my saide executors 
Edward keete and John Brooke by them to be ordered and ruled as towching the setting and Letting of 
my saide Farme or some parte thereof with thappurtenncs towerds the performaunce of this my Last will
and testament Itm my will is that if my debts and Legaceis and suche further preferment for my
children as of trust I have comitted to them shalbe fully satisfyed contented and paide before the expiracon
of the saide terme of yeares That then the saide Edward Keete and John Brooke shall convey assigne and 
release all theire righte tytle interest and terme yet to come in the saide Farme with the appurtenncs unto
Martha my wyffe if she remayne chaste and unmarryed and if she be marryed, unto Henry my sonne Itm 
my will is that Martha my wyffe shall enter into sufficient bonde unto my saide exeuctors Edward Keete and 
John Brooke before the probate of this my Last will and testament to leave reqlinquishe and forsake the 
admidstracon of my goodes and chattells after the Daye of her marriage and from thenceforthe that neither 
she neyther her husband shall entermeddle wth Letting or setting of the saide Farme wth thappurtenncs or
any PARte thereof but shall suffer the saide Edward keete and John Brooke to have the whole disposicon
setting and letting of my Farme goodes and chattells to the use and preferment of my children Itm I will that 
if my saide wyffe shall Lyve sole and chaste untill my sonne Harrye come to thage of xxiii yeares that then
she shall delivr and yelde upp unto my saide sonne Henry the third PARte of my saide messuage wth thappurtenncs
in Lytton aforesaide Any thinge herein contenyed ot the congtrary notwthstanding And I ordein and make my
saide wyffe Martha and the saide Edward Kete and John Brooke executors of this my testament willing and 
ordeyning that they shall have the disposicon of all my goodes moveable and unmoveable afore not given 
towerds the performaunce of my debts Legaceis and bringing upp of my children And I constitute and appointe 
Xpofer Symes my brothers in lawe Symon Pyke and Willm Pyke Edmond Prowte and Willm


Prowte ovrseers of the same to evry my said executors I give xx s And to evry my ovrseers x s for theire paines
herein to be donne these being witnesses Per me Henricm Fawkner  Teste me Matther Chubbe Scriptore 

Probatum fuit ... apud London coram ...
[this paragraph continues in Latin to grant probate on 20 June 1579]
vicesimo die mensis Junii
Anno Dni milimo quingentesimo septuagesimo nona 
[to]
Edward Kete et Johis Brooke 

Last Modified: Sunday, 10-Sep-2023 17:50:50 NDT