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Surrey Record
Society.



Number XVII.



London, December, 1922.



Surrey Record Society.



Volume V.



SURREY WILLS.

(Archdeaconry Court, Spage Register.)



London :
Printed by ROWORTH & CO.,

IO4-IO7 FETTER LANE, E.C. 4
FOR

THE SURREY RECORD SOCIETY.

MDCCCCXXI.



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INTRODUCTION.



Production of this Work. The present text is based upon a
transcript made for the late Dr. A. V. Peatling, F.S.A., and by
him presented to the Society shortly before his lamented death.
For the labour of revision, comparison with the original, and
calendaring of Latin entries the Society is indebted to Mr. Charles
Lethbridge Kingsford, F.S.A., who has also compiled the
Introduction. The Honorary Editor has read the proofs and
with the Honorary Secretary has given assistance in occasional
matters of detail. For the compilation of the Index we have to
thank Mr. T. Craib, who has also assisted with the calendaring.

Form of the Text. In this Calendar the Latin Wills, which
are far the most numerous, are given in abstract only. The
formal matter has been omitted, but all names and all
bequests are given. In cases where the interpretation is open to
question, or where there is something peculiar, the original is quoted ;
the English words and phrases which occasionally occur are given in
inverted commas. The title " Dominus " which was given to
priests is following the analogy of the English Wills translated
by " Sir." The names of places are given in the spelling of the
original, even where, as often happens, variants occur in the same
Will. In the records of probate the modern form is used. The
English Wills, which at this date are of interest apart from their
contents, are given verbatim.

Meaningless abbreviations in English words, especially those of the
abbreviated final // and n, have been omitted and the punctuation
and capitalisation of the original have also been modified ; otherwise
the text follows the Society's ordinary rules.

Courts of Probate. Anciently the jurisdiction in testamentary
cases belonged (with certain exceptions such as the Courts of
Husting in London and other towns, and some " Peculiars ") to the
Ecclesiastical Courts, the authority of which was only abolished
in 1857. The Prerogative Court of the Archbishop of Canterbury
had jurisdiction over the whole Province, and the Wills of persons
of rank and importance were very commonly proved in that Court.



493712



ii Archdeaconry Court of Surrey.

But in every diocese the Bishop's Consistory Court had also
jurisdiction throughout the whole area. In addition, the Bishop
sometimes appointed a Commissary to grant probate of Wills in
some specified area. Furthermore, every Archdeacon had his Court,
which, subject to certain restrictions, exercised testamentary
jurisdiction within the Archdeaconry. The powers of the Provincial
Court, of the diocesan Consistory Court, of the Bishop's Commissary,
and of the Archdeacon's Court were exercised concurrently. There
were, however, certain small areas, known as Peculiars (generally
some parish, group of parishes or manor) which had obtained a
special right and lay outside the ordinary jurisdiction. The extant
records of the Prerogative Court of Canterbury begin in 1374.
Those of the Consistory Court of the Bishop of Winchester go
somewhat further back, the earliest dating from 1361. The Bishop
of Winchester had also a Commissary for the county of Surrey, but
the history of the Commissary of Surrey begins only with 1662.
The Court of the Archdeacon of Surrey is thus the only one which
deals exclusively with Surrey Wills till late in the seventeenth
century. 1

The Court of the Archdeacon of Surrey. This Court had
power to grant probate of Wills, with jurisdiction extending over
the County of Surrey, except the Peculiars. Its powers were,
however, inhibited during six weeks in every year, and during
three months at the primary visitation of the Bishop. 2 Conse-
quently we find in the following Register no record in any year
of the probate of Wills between the latter part of July and a date
towards the middle of September. 3 The See of Winchester fell
vacant by the death of William Waynflete in August, i486, but
his successor's primary visitation does not seem to have fallen
within the period covered by this volume.

The " Spage " Register, which is here calendared, is the
earliest record of the Archdeacon's Court which has been
preserved. The first Will entered was proved on 16 July,
1484, and the latest record of probate was on 25 January,
1490. How long previously the Court had been in existence we

1 See further Stubbs's valuable paper in the Report of the Royal Commission
on Ecclesiastical Courts, vol. i, pp.21-51, published in 1883, and G. W.
Marshall's Handbook to the Ancient Courts of Probate.

* See Return of Probate of Wills, 1845, pp. 58, 59.

To judge from the printed calendar of " Herringman " Register this
rule was not observed between 1595 and 1600, probates being granted at
short intervals throughout the year.



Wills: Spage Register. iii

cannot say. Three Wills 1 of earlier date than 1484 have for some
reason been inserted in " Spage," and one of these No. 11 probate
of which was granted on 19 October, 1480, is stated to have been
proved " coram nobis offic. Surr." ; the Court was therefore in
existence at least as early as 1480. No argument can be based on
the absence of more ancient Registers, for the records may have
been carelessly kept or lost. In the neighbouring Archdeaconry of
London there is a Register covering the period from 1393 to 1415,
whilst the next Register which has been preserved belongs to the
16th century. As explained in the Introductory Note to the
Calendar of " Herringman " (published by the Society in 1915)
the later records of the Archdeaconry Court of Surrey extend with
some gaps to 1821. They are now preserved at Somerset House.

Officers of the Court. The testamentary work of the
Archdeacon's Court was done by a subordinate styled his " Official,"
who in case of need appointed a commissary to act for him. The
actual register was kept by the Official's Registrar. The heading
of " Spage " shows that in July, 1484, Oliver Dynham was Arch-
deacon of Surrey, and Master William Barker or Baker his Official.
Oliver Dynham was son of Sir John Dynham (d. 1458), of Nutwell,
Devon, and brother of Sir John Dynham, Lord Dynham, who was
Lord Treasurer from 1485 to 1501. As Master Oliver Dynham,
the King's Chaplain, he was given a prebend at St. George's,
Windsor, on 2 October, 1480. 2 He had already been collated
Archdeacon of Norwich on 27 Feb. 1477-8. 3 The date of his appoint-
ment as Archdeacon of Surrey is unknown, though " Spage "
shows that it was before 16 July 1484. Le Neve only records that
Oliver Dynham died Archdeacon of Surrey in 1500 : he further
alleges that William Smith, afterwards Bishop of Lincoln, was
promoted to the See of Lichfield from the Archdeaconry of Surrey
in 1493. 4 This latter statement must it would seem be erroneous,
for Oliver Dynham appears as Archdeacon of Surrey in 1490 in the
heading of " Mathewe " (the next Register to " Spage "). More-
over, Oliver Dynham held the living of Frensham, Surrey, and a
will was proved there " in domo residencie Domini Archidiaconi "
in September 1494. 5 In " Mathewe " (f. 61) there is also a note of

1 Nos. 11, 160 and 253.

Col. Pat. Rolls, Edw. IV, etc., p. 222.
* Le Neve, Fasti, ii. 484.

4 id. iii., 30 ; the alleged authority appears to be Archbishop Morton's
Register.

Register " Mathewe " i. 43.



iv Archdeaconry Court of Surrey.

the entry of office by Christopher Bainbridge post decessum Oliveri
Dynham ultimi Archidiaconi. The date of this is about July
1500. Oliver Dynham had made his Will as Archdeacon of Surrey
at Frensham on 22 April, 1500 ; he directed that he should be
buried in his church of Frensham before the image of St. S within,
and appointed as his executors his brother John, " Dominus le
Dynham," Thomas Villers and Richard Loche. The Will was
proved on 31 May. 1 That Oliver Dynham, Archdeacon of Surrey,
was also the Archdeacon of Norwich, appears to be certain from
the fact that when on the same day 1 Nov. 1500 appointments
were made to the archdeaconry of Norwich and to the prebend at
Windsor, both were stated to be vacant through the death of Oliver
Dynham. 2 It is, however, remarkable that Dynham does not
refer to himself as Archdeacon of Norwich in his Will, and that
when appointed to his stall in 1480 he is not described as Arch-
deacon. The obscurity of Dynham's history justifies this account
of him, but in " Spage " at all events there is no trace of any active
concern of his in the Probate Court of his archdeaconry.

The actual work of the Court was done by the Official. Of
William Barker or Baker we know nothing beyond the appearance
of his name in " Spage." He seems to have retained his office
till at least as late as March 1488. 3 In the records of probate his
name occurs occasionally till that date. In the earlier years
Edmund Colman twice grants probate as Official, 4 and in the end
of 1488 and beginning of 1489 his name occurs frequently in that
capacity ; 5 he may hav e been Barker's deputy and have continued
to act pending another appointment. Robert Bradon appears
once as Official in 1488. 6 In May 1489 Ambrose Ede appears as
Official and during the small remainder of the Register his name
is the only one which occurs. From the entry at the foot of p. 89
it seems clear that he was the superior officer and he continues
as Official for some years in Register " Mathewe."

Places and Circumstances of Probate. The Official visited
various places in his district periodically. Kingston, Guildford and
Reigate are the places which occur most frequently. There is no
evidence of regular progresses and presumably the Official attended

1 P.C.C. 9 Moone.

a Cal. Pat. Rolls, Henry VII, i. 220, 222.

3 See No. 261.

4 See Nos. 85 and 131.
6 See Nos. 274-302.

See No. 260.



Wills: Spage Register.



at any place as occasion required. The Wills proved were generally,
though not always, from parishes in the immediate neighbourhood.
The Court was very commonly held in a church ; at Guildford
generally in Holy Trinity. As a rule no doubt the Official was
present in person, though Barker is mentioned only in 12 probates
out of the 261 Wills which fell within his term of office. Edmund
Colman, however, as already noted, occurs twice as Official during
the same period. When the Official could not attend in person the
regular course would be for him to appoint a commissary. We get
such an instance in No. 129, where John Cayvn is described as
in hac parte commissario specialiter deputato. I * another case
No. 126 the record of a commission precedes the Will as follows :
Tercio die mensis Juki Mr. W. Barker, Ofjlcialis domini Archidiaconi
Surr., commisit potestatem &c. ad approbandum &c. testamentum
Willelmi Say subscription, et ad committendam in juris forma
administracionem omnium bonorum dicti Willelmi executrici S-c. et
acquietandam eandem &c. Apud Lamehith. The record of
probate is accordingly given as before John Leke. In a third
instance No. 156 we have a commission, without any subsequent
entry of the Will. A curious entry is that for No. 184 when Barker
is described as Reverendi &c. sequestrator e. Since William Hyne,
the testator, was a clerk it is possible that Barker was acting in some
special capacity. The entry of probate on No. 160 is peculiar as
taken before the Commissary General of the Diocese, but the Will
in question was proved in 1482, and it was entered in " Spage "
for some reason which does not appear.

The Registrar of the Court in 1484 was John Richardson, notary
public, who from the entry on p. 89 appears to have been still in
office in 1489. He probably retained his position at least till 1500,
for in April of that year he was one of the witnesses to Oliver
Dynham's will.

Description of the Register. " Spage " is so styled after the
common practice of calling a Register of Wills by the name of the
first person whose Will is entered therein. It is a volume measuring
11 by 8 inches, and containing 10 1 numbered leaves of paper with
an unnumbered foreleaf. The leaves are numbered throughout
by a contemporary hand in Roman numerals ; /. xlvi was by error
repeated (the two leaves now being numbered 46a and 466) ; on
the other hand there is no /. 93, so that 10 1 remains as the true
number of leaves. There are six foldings in the volume, viz. (a)
ff. 1-12, (b) ff. 13-22, (c) /. 23-460, (d) ff. 466-67, (e) /. 68-91, and



vi Archdeaconry Court of Surrey.

(f) ff. 94-101. The first five foldings were enclosed within a wrapper
of similar paper, which now forms the foreleaf and /. 92. This was
presumably intended to complete the volume, and the final folding
was made as an addition. Possibly the intention was to begin a
new volume when Ambrose Ede became Official in the summer of
1489, but ultimately further entries were made and the Register
continued to the end of the year (with the inclusion of two or three
wills proved in 1490). The Register was bound in a parchment
cover still preserved, with the title Liber Testamentorum accidentium in
A rchidiaconatu Surr. On the foreleaf is a note : Scrutate Registrum pro
testamento Willelmi At field dum vixit de Shalford xxx ta annis elapsis
et qui migravit ab hac luce, ad instanciam Edmundi Elyot de Dunsfold.
No entry of such a Will appears in the Register. The Register is
headed on /. 1 by the description given on p. 1 below ; the fraying
of the margin has caused the loss of some letters which, however,
can easily be restored ; the title " Officiali " appears to have been
omitted through error before " Venerabilis." Through the accidental
turning over of two leaves ff. Z7 and 38 r have been left blank.
On /. 91 r there are only two imperfect entries, see p. 87 below.
On /. 92 r there is a single Will, which belongs to 1490 and is probably
an addition. The only entry on /. 92 v is a note : fiat procuratorium
Pro tnagistro hogone Garsett artium magistro Rectore ecclesie parochialis
de Dunsfold Wintoniensis Diocesis dilectos &c. M. Gilbertum Burton in
legibus umbacallarium Edward Hogeson notarium publicum Registra-
rium Surr. milonem hagge notarium et Edmundum Stamper literatum.
This may have been written when /. 92 formed the end of the volume.
It is clear that /. 93 was omitted through an error of numbering,
when the final folding was added. On /. 94 there are entered only
the part of a Will already copied, and the heading of another. The
paper on which the Register is written is throughout in bad condition
and the edges are much worn and frayed. The whole is in urgent
need of repair, but the volume is kept in a suitable case, and the
publication of this calendar will, it may be hoped, help to preserve
the original from further injury by rendering its consultation
unnecessary.

The Keeping of the Register. The greater part of the
Register is in John Richardson's handwriting, though in the later
portion other hands occur ; one on^. 85-7, 92, 96-7 and 99, another
on^. 90, 91, and a third on^. 91 and 98. Richardson began keeping
the Register carefully, and the first 100 entries are, on the whole,
made in an orderly manner, though even here some entries, as



Wills: Spage Register. vii



Nos. 25, 26 and 40, 41, are out of place. Afterwards the entries
are less careful, and towards the end they are very irregularly
made, and there are several instances of repetition. 1 In Nos. 109 and
223 we have the curious instance of the entry of variant copies of
the same person's Will ; it will be observed that for No. 223 there is
no record of Probate.

It is, of course, impossible to say how far the transcripts of the
Wills are perfectly accurate. The growing carelessness of the
Register prevents one from feeling complete confidence. But
probably there is for the most part nothing more serious than the
occasional omission of a word of two ; where necessary such omis-
sions have been supplied in brackets. In No. 226, the date of
probate, " 19 Sept." instead of " 19 Oct." seems to be an error.
More serious is the error in Nos. 257 and 260 ; Juliana and William
Garland were clearly wife and husband ; the former is represented
as making her Will as a widow eight days before her husband made
his Will ; there has apparently been some confusion in the dates of
the Wills, and perhaps in the dates of probate also. In No. 318 the
date of probate appears to be correct, but the date given in the Will
must be an error either on the part of the writer of the original,
or of the transcriber ; the copy of the Will was not written by
Richardson, who, however, entered the record of probate.

It is possible that some small errors may be accounted for by the
practice (undoubtedly not infrequent) of copying from dictation : the
case of si opem moriatur, noted below, might well be one of these,

Forms of Probate. The Wills appear to have been copied in
batches, and in the latter part at all events blanks were left for the
record of probate, which was often not filled in. At the start the
probate is given fully. The normal form was :

Probatum fuit suprascriptum testamentum, coram domino
Offtciali Archidiaconatus Surr. et per ipsum approbatum,
confirmatum, &c. Commissaque fuit administracio omnium
et singulorum bonorum et debitorum ipsius defuncti &c. et
eius huiusmodi testamenti concerneniium &c, executoribus in
eodem testamento nominatis cum debitis iuris forma iuratis et
admissis per eosdem. Et habeant acquietanciam quoad officium.
Datum Guldeford xvj die Julii anno Domini Millesimo
cccclxxxiiii. 2

1 The repetition of No. 92 in No. 98, of No. 141 in No. 149, and of No. 231
in No. 265 was not detected till the Calendar was in print. Other instances
are Nos. 256, 276, 281, 289, and 305.

* This is the entry for John Mawdefyld No. 2. That for William Spage
is not fully decipherable.



viii Archdeaconry Court of Surrey.

Sometimes the name of the acting Official was inserted. 1 The
name of the place was often omitted. Occasionally there are entries
of payments pro fine, 2 but there is nothing to show on what basis
they were assessed. Where any of these peculiarities occur they
are noted in the Calendar. In the latter part of the Register the
record of probate becomes very perfunctory. That for No. 200 is :
" xii die mensis Septembris A dotnini Mcccclxxxvii probatum et
approbatum fuit &c. et administracio commissa est executrici &c."
When all the executors did not prove power is reserved as on No. 174
in the following form : Reservata potentate comtnittendi similem
administracionem Willelmo Lane executori in eodem testamento
nominate cum venerit. Sometimes the record ends as on No. 285 :
Commissa est administracio &c. executori &c. et dimittitur ex causa
paupertatis.

Character of the Wills. To turn to the Wills themselves,
the great majority appear to be those of persons of comparatively
humble position. More important Wills were proved either in the
Bishop's Consistory Court, or in the Prerogative Court of Canterbury. 3
The only Will of a person of any rank in life which is entered in
" Spage " appears to be that of William Utteworth " gentleman "
No. 129. "Sir" William Hyne No. 184 and "Sir" Robert
Rewmorgony No. 210 were chaplains, though Hyne seems to
have been a man of some substance. Rewmorgony we learn from
No. 67 was chaplain of Horsell. The testator's position in life
is not often described. There are two yeomen (Nos. 39 and 211)
and four husbandmen (Nos. 53, 67, 130 and 174). The Wills of
people from the towns naturally include a number of craftsmen. 4
John Croft of Guildford No. 6 was apparently a weaver, Peter
Been of Kingston No. 30 a smith and a man of some wealth,
and William Hookewey of Southwark No. 134 a surgeon. Of
the others a fair number held land and tenements, and there is a
sprinkling of fairly well-to-do widows. Instances of the Wills of
comparatively wealthy people are Nos. 30, 120, 123, and 160.
The majority of the testators seem to have been engaged in
agriculture and the bequests, even for church purposes, are often
given in kind ; the money bequests are generally of very small
sums. The normal form of Will consists of directions for burial,

1 See Nos. 45, 64-6, 85.

2 See, for instance, Nos. 10, 21-23, 27, 28.

As was Oliver Dynham's own will.

* See especially the batch of Southwark Wills between Nos. 80 and 101.



Wills: Spage Register. ix

gifts to the high altar of the parish church for tithes forgot and
to the mother church of Winchester ; very small bequests of money
or goods to relatives may follow, but often there is no more than
the bequest of the residue and nomination of executors and overseer.
Occasionally there is provision for the " mortuary " given as a
due to the church ; usually it was the testator's best beast. There
is seldom evidence of the possession of much household stuff,
though the amount of live stock disposed of is sometimes con-
siderable, as in Nos. 109, 160, 184 and 197. Amongst several
bequests for the repair of highways or bridges, the most noteworthy
are two for " le Claper " between Wonersh and Bramley. 1 The
most noteworthy of all bequests is that by William Utteworth
No. 129 for the erection of a cross, carved with the martyrdom
of St. Thomas, on St. Martha's Hill, by the side of the way along
which the pilgrims went to Canterbury. The provision in John
Sonde's Will No. 50 that if his brother married money the horse
bequeathed to him should go to Thomas Bysschope is so remarkable
that one is inclined to suspect an error of the copyist and that the
original Will had si ante moriatur (if he dies before me), or si autem
moriatur.

Illustrations of Church Equipment. One of the most
interesting features of early Wills is the illustration which they
afford of religious observances and of church equipment. In this
respect the Wills in " Spage " are somewhat disappointing. Such
material will most commonly be found where the testator was
buried in the church. But of the Wills in " Spage " nine- tenths
are of persons so humble that they were content with burial in the
churchyard. There is mention of chapels within the churches in
only a few instances : of St. Mary at Chobham, No. 39 ; of St. Mary
at West Horsley, No. 44 ; of St. Mary at Trinity, Guildford, No. 63 ;
of St. Mary in the churchyard at Leigh, No. 104 ; of St. James at
All Saints, Kingston, Nos. 121 and 123, and of St. Mary in the same
church, No. 221 ; of St. Mary at Stoke next Guildford, No. 207 ;
of the great chapel at Horsley, No. 210 ; of St. Nicholas at All
Saints, Carshalton, No. 213 ; and the Lady Chapel at Limpsfield,
No. 294. Altars, other than the high altar, are mentioned
occasionally ; the altar of St. Mary at Horsell, No. 162 ; the altars
of The Trinity, Our Lady and St. Katherine at All Saints, Kingston,
Nos. 190, 193, 228 ; and the altar of St. Katherine at Waverley

1 Nos. 29 and 40. See also Nos. 65, 67, 69, 197.



Archdeaconry Court of Surrey



Abbey, No. 298. References to images are rather more frequent :
there were images of Our Lady, St. James and St. Christopher, at
Peperharow, No. 43 ; of St. James and St. Mary at Horsell, No. 67 ;
of St. Michael and St. Mary at Send, Nos. 78 and 195 ; of St.
Mary at Capel, No. 84 ; of All Saints at Witley, Nos. 153, 154 ;
of St. Katherine and of Our Lady of Pity at All Saints, Kingston,
Nos. 123 and 233 ; of the High Cross at Long Ditton, Nos. 257
and 260 ; and of St. Mary at Shalford, No. 300. John Drewe
bequeathed 3Z. 6s. 8d. for the painting of Our Lady at Farley,
No. 197. Small bequests for lights at the church are, however,
very numerous ; a light, other than that before the rood, usually
denotes the existence either of an altar or an image. The most
noteworthy instance of lights is at All Saints, Kingston, where
William Orme, in No. 123, specifically mentions the five lights,
viz., Holy Trinity, the Cross, St. Mary, St. James and St. Katherine ;
the same five lights are named in Nos. 128 and 168, whilst in No. 221
we get also the lights of St. Mary of Pity and of the Cross of Comfort.
At Godalming there were also seven lights Nos. 4, 55 and 157
whilst at Sheen No. 144 and Banstead No. 314 there were six.
In a number of other cases there were two or more lights. 1 In this
connexion special reference must be made to the " branches " at
St. Nicholas, Guildford Nos. 8, 139, 140, 147 ; these were probably


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