Thursday, August 4, 2011

John Pincombe the elder, South Molton, will dated 25 Jul 1604 - PROB 11/105 - Image Reference 304/770

The five pages of  the John Pincombe, Merchant, South Molton will have been a little slower than the others. One has to see this likely frail older man struggling with his problems and also both of his daughters have died as we see by this will he is looking after his four grandaughters and one grandson by Alice his daughter married to Roger Webber. The other daughter was Agnes with a daughter Jone Selye and Agnes too has died. In 1598 either he or his son John (or perhaps his grandson John) was appointed High Sheriff of South Molton by Queen Elizabeth I (from another researcher and I haven't found the reference to this yet actually).  Although a coat of arms is often attributed to this man, the College of Arms did not create the coat of arms for John Pincombe until 1616. It might appear that this is for the grandson of the John Pincombe leaving his will dated 25 Jul 1604 and the son of the John Pincombe who left his will dated 20 Nov 1593.

By the Visitation of Devon in 1620 we do not have the name of John's wife but only that of his son's wife (Amy Dodderidge) and his grandson's wife (Mary Carew). This John is said to be the son of another John Pincombe. This last John Pincombe is said to be the son of the first Pincombe to come to North Molton with Lord Zouch in 1485 and hence a brother to Thomas Pincombe mentioned earlier. Looking at time frames again. The marriage of Amye Dodderidge and John Pincombe is know (17 Nov 1578) although the location seems to be either Barnstaple or South Molton. That gave us a possible birth for John in the 1540s or 1550s. His father then would be born in the 1510s or 1520s. But then the Visitation has the father of this John as coming to North Molton with Lord Zouch in 1485. It is unlikely that he would have fathered these children that late in life although not impossible.

It is interesting that in the will below John Pincombe refers to himself as John Pincombe the elder land indeed his son's will isn't probated until 9 months later.

The Pincombe family at South Molton has been one of the more difficult lines to understand. If you follow The Visitation of Devon 1620 (and 1686) the direct line (male to male) seems to be quite clear (as mentioned above). John Pincombe son of the unknown Pincombe who arrived with Lord Zouch at North Molton (and he is one of two John Pincombes on this chart) lived at Southmolton. He had a son John and this will which I will insert at the bottom of this blog is the will of this second John. I have no idea whom he married. According to his will he had a daughter Agnes who married unknown Selye and they had a daughter Jone and he had a daughter Alice who married Roger Webber and they had four daughters and one son (Rebecca married to Hugh Tucker, Agnes, Margaretta, John and Susanna (all surname Webber)). This information does not appear on the Visitation. He does not mention in the will below his son John who married Amy Dodderidge or his grandson John who married Mary Carew.

In this will John Pincombe is trying to provide for his grandchildren (his daughters are both deceased). The tone of the will is rather interesting and I am not sure to whom it is directed but I am somewhat suspicious it is directed at his son or grandson because the son John Pincombe (will was transcribed on the 31st of July 2011) owed his father money which was to be paid back to the father. Possibly I will learn more about this family in publications but thus far they are somewhat confusing.

The earlier Pincombe one name study missed the Visitation when they recorded the Pincombe family at South Molton. There are one too many Johns in their chart list and a son Richard (would have been a brother to the John Pincombe the elder (author of this will below)) that I haven't been able to find any details on. Certainly John in the will below does not refer to a brother Richard. Family lore for the South Molton Pincombe family says that they founded the Pincombe line at Barnstaple. Richard would certainly have been in the right age group to have done that.

John Pincombe (brother to Alice and Agnes and son of John Pincombe) left money to the poor in many congregations and that included Barnstaple. Does his will provide an eye into the past. Is he remembering his relatives that live around his area?

Which of these two men was the High Sheriff of South Molton or is this correct? Another interesting thought is emerging now that I have transcribed both wills. Is this indeed the father of John Pincombe or were there two lines of John Pincombe in this time frame at South Molton and both Merchants?
 
From the National Archives (UK) the following is quite interesting and I believe I shall order images of it shortly. It will link these two men likely. I have not yet transcribed and translated the Probates for these wills but looking at the probate for the will of John Pincombe (written in 1593 and then added to in 1597) and the probate would appear to have been awarded to Amy his wife 19 Feb 1605 (Old Style). The probate for the will of John Pincombe the elder 15 April 1605. At this time, I do not know the dates of death for either of these men but presumably John Pincombe married to Amy died prior to 19 Feb 1605 (Old Style) and John Pincombe the elder died prior to 15 April 1605. Which of the three John Pincombes are being referred to in this document?

Formerly Phillipps MS. 31843, being lot 303 in the 1911 sale  RYCH/2890  April 3, 1605

Archival history:
[R. 77719]

Contents:
Co. DEVON.
An extent of all the manors, etc. of the late John Pincombe, gentleman, inherited by his son and heir, John Pincombe the younger; taken at South Molton, co. Devon, Parchment roll. Seal missing.

The probate for the will below was awarded to John Bonde (one of the executors) acting on behalf of everyone but there is also mention of Susanna Webber in the probate and I am still working on that translation. She was to have been the sole executrix at the age of twenty one.  The year of the probate is 1605.

The will of John Pincombe the elder of South Molton and it is 171 lines over five pages (my longest will thus far is 15 pages of old English text!); it has the longest probate that I have seen thus far and I hope to eventually add it to this blog page in the future (at which time I will remove this part of the statement :) ):

Recorded: 1 August 2011
Source: Public Record Office, London, UK, PROB 11/105 - Image Reference 304/770
Place: South Molton, Devon, England
Type of Record: Will
Dated: 25 Jul 1604

Condition: photocopy, bold, old English writing

[In margin] T[estator] Johannis Pincombe


    Anno Regni Jacobi Regis Anglie secundo et Scotie xxxvij
1    In the name of God, Amen.  The fyve and
    [page 2]
2    Fyve and Twentith daie of Julie Anno Domini millesimo sexcentesimo quarto. I John Pyncombe
3    the ellder of Southmoulton in the countie of Devon merchante beinge perfecte of mynde and memorye
4    (thancks be geven to Allmightie God) doe revoke annihilate and make voyde all former wills, testaments
5    legacies, bequeathes, and executors by me heretofore made, willed, devised and ordayned, and doe make this
6    my laste will and Testamente in maner and forme followinge. Firste I geve and bequeath my soule
7    unto Allmightie God my creator and Redeemer, and my bodye to the grave untill the ioyefull daye of
8    resurrection. Item I do geve and bequeath unto Rebecca the wife of Hughe Tucker beinge the daughter
9    of Alice Webber my daughter deceased Thirtye poundes of lawefull money of England. Item I do geve
10    And bequeathe unto Agnes Webber one other of the daughters of my said daughter Alice Webber deceased
11    Fiftie poundes of lawefull Englishe money. And further I doe geve & bequeathe unto her the said Agnes
12    Webber all and singuler those messuages landes and Tenements withe the appurtenances called or knowne
13    by the name or names of Sprottesette lienge and beinge in the parishe of Hatherleighe in the countie of
14    Devon nowe or late in the tenure or occupa[t]ion of George Hutchin his assignee or assignes. To have
15    to houlde the saide messuages, landes and Tenementes withe the appurtenances to her the saide Agnes Webber
16    her heires and assignes for ever. And if yt shall happen that the saide Agnes Webber dye without heires
17    of her bodye begotten Then my will is that the aforesaid messuages landes and Tenements withe the appur-
18    tenances shall remayne and be to Margarett Webber sister of the saide Agnes, and to the heires of the saide
19    Margarette for ever. Item I doe geve and bequeathe to the said Margarett Webber fiftie pounds of
21    lawefull Englishe money. Item I do geve and bequeathe unto John Webber sonne of my foresaide daughter
22    Alice Webber twentye pounds moreover I do geve devise and bequeathe unto the saide John Webber
23    all those messuages, landes, and Tenementes w[i]th all and singuler the appurtenances whatsoever scytiuate
24    lienge & beinge within the parishe of Ath[e]rington in the said countye of devon com[m]only called or knowne
25    by the name of Fursdowne, and nowe or late in the tenure or occupa[t]ion of John Matha. To have &
26    to houlde unto him the said John Webber and to his heires issue for evermore Item I do geve & bequeathe
27    unto Susanna Webber one other of the daughters of my foresaid daughter Alice Webber and unto the
28    foresaid Rebecca the wife of the foresaid Hughe Tucker, and unto the foresaid Agnes Webber and
29    Margarette Webber all suche debtes as after my deathe shal[l ]be due and owinge unto me by Bondes, obliga[t]ions
30    deeds obligatorye, billes, notes of scripte, and all other specyalties whatsoever, and as allso whatsoever debte
31    hereafter shal[l ]be due unto me after my deathe withoute specyalltie or specyalties, or else by my booke, or by
32    promise coven[an]te or otherwise whatsoever. All whiche debts my will and meanyinge is, and I do ordayne &
33    appoynte that they shal[l ]be niselie, indifferentlie and equally devided amongste them the said fouer sisters
34    Rebecca, Agnes, Margarett & Susan. Item I doe further geve unto Jone Selye daughter of my daughter
35    Agnes deceased fyve poundes of lawfefull Englishe money. Item I do geve and bequeathe unto the poore
36    people of Southmoulton Twentie shillinges And Lastlye I doe geve & bequeathe unto the forenamed
37    Susanna Webber all and singuler other my goods, plate & Chattelles not before geven nor bequeathed. Item
38    whereas the foresaid Margarette, Agnes and Suzanna Webber by vertue of the laste will & Testamente of
39    Alice Webber deceased have rights or maye pretende rights, tytle, terme or intereste for yeares not yet
40    expired determynable uppon lyves in and to that messuage, burgage or Tenemente withe the appurtenances
41    scytiuate lienge and beinge within the burrough of Southmoulton aforesaid betweene the landes of Tho[mas]
42    Hunte there nexte on the easte parte, the landes of the heires of Thomas Hache esquire deceased there nexte
43    on the weste parte, the Kings Streete there nexte on the southe parte and the land called Shaplande there
44    nexte on the northe parte, the moietie or haulse deale of whiche messuage was graunted unto Roger Webber
45    Father of the said Margarette, Agnes, & Susan by John Pyncombe for tearme of fourescore and of
46    nineteene yeares, if John Webber, Rebecca Webber, and Agnes Webber or either of them so longe shoold lyve
47    as appeerith by an Indenture thereof made by the said John Pincombe dated the fourtenthe daye of
48    Auguste in the foure and thirtithe yeare of the raigne of the late Queene Elizabeth, and the other moiety
49    thereof was by Indenture bearinge date the twelfie daye of Aprill in the Thirtithe yeare of the said late
50    Queene graunted to the said Roger Webber by John Webber alias Turner of Wyrckley in the countie aforesaid
51    yeoman for terme of fourescore and Tenne yeares if Roger Webber, John Webber, and Roberte or either
52    of them shoolde so longe lyve, my desier beinge that the said Rebecca wife of the said Hughe Tucker her executors
53    and assignes shoold have and onelie enioye bothe the moieties of the said Tenemente duringe the foresaid
54    severall tearmes, I doo therefore ordayne and my will is (notwithestandinge any thinge before said to the
55    [page 3]
56    to the contrarie) that if the said Margarett, Agnes and Susan Webber their executors, admynistrators or
57    assignes or any of them, or the husband or husbands whiche they or any of them shall happen to marrye
58    shall not after my deathe permytte and suffer the said Rebecca her executors and assignes payenge doinge
59    and performenge the yearlie rentes, coven[an]tes and promises contayned in the said Indentures quietlie
60    and peaceablie to have, houlde, occupie, possesse, and enioye bothe the moieties of the said tenemente to the
61    onelye use, benifytte, and beheese of the saide Rebecca her executors admynistrators or assignes. Then my will
62    is that every of the saide Margarette Agnes and Susanne Webber whiche shall contrarye to this my desier
63    not to suffer and permytte the said Rebecca her executors admynistrators, or assignes so to enioye the same
64    shal[l ]be debarred of the somme of Twentie pounds to be abated and defaulted oute of her or their former taken legacies
65    legacies by me bequeathed to her or them, whiche money so defaulted respectyvelie accordinge to her or their non
66    sufferance or permission as aforesaid shal[l ]be and remayne too the onelie benifytte and beheese of the said
67    Rebecca her executors and admynistrators And for the better performance of this my said desier my will
68    Is that the saide Margarett, Agnes, and Susan comenge to the age of one and Twentie yeares, or the
69    husbande and husbands of everye of them beinge marryed before her or their severall ages of one and
70    twentie yeares, shall for his or their partes respectyvely at the requeste of the said Rebecca her executors
71    admynistrators or assignes make in wrytinge a sufficiente, lawefull and absolute release of all her
72    his and their righte estate and clayme for ever, whiche shee, he, or they have or maye have to bothe the
73    moieties of the saide messuage unto the said Rebecca her executors admynistrators or assignes. Item my
74    will is and I doo ordaine that all the foresaid legacies geven and bequeathed to my foresaid daughter's chilldren
75    shal[l ]be paide unto them at their severall ages of one and Twentye yeares or at their severall dayes of
76    maryage w[hi]ch shall seeme good to my executors for the greater parte of them, and unto those that are
77    allreadie of age of twentie one yeares or maried, w[i]thin sixe monethes nexte after my decease. And if
78    it shall happen that any of the said Agnes, Margarett, and Susanna shall happen to dye before the
79    accomplishem[en]te of the age of Twentie years or before her or their maryage as aforesaid. Then I will and
80    ordayne that the before named portion of her or them so dyenge shall remayne and be equallye devided amongst
81    the reste of the foresaide chilldren of the saide Alice Webber my daughter deceased. And my will further is
82    that if anye of the said Agnes, Margarett, & Susanna Webber shall marry & take to husbande anye person
83    without the consente likinge and good wille of my Executors or the greater parte of them firste obtained
84    and hadd then every and either of them so marryenge contrarye to the true meanynge of this my Will
85    shall have but the haalf deale or moietie of all or any the legacies whiche I have by this my Will geven
86    unto her or them. And the other moietie of the saide legacies or legacie shall remaine and be equallie
87    devided amongste the reste of the chilldren of my said daughter Alice Webber deceased, yf it shall so seeme
88    good to the greater parte of my executors. And for the better performance and faithefull execution of this
89    my will I do ordayne and make my trustie and welbeloved frendes and kynsmen John Bonde & Roger
90    Prouse of Tawnton in the countie of Somersett gent, Will[ia]m Tooker mayor of Southmoulton, and
91    Stephen Domynecke mercer my whole and sole Executors thereof, onelie in truste and confidence so to
92    contynue and remayne my said executors untill the foresaid Susanna Webber shall or mighte accomplishe
93    the age of One and Twentie yeares. And that then and from thenceforthe the said John Bond, Roger
94    Prouse, Will[ia]m Tooker, and Stephen Domenecke, and every of then shall cease any longer to be my
95    executors, and the said Susanna Webber shall then and from thenceforthe be my whole and sole executor
96    of this my laste will. And touchinge the education, maynetenance and bringinge uppe of the saide
97    Susanna, Margarett, and Agnes, my will is that the charge thereof be defrayed oute of a reasonable and
98    competente por[t]ion growinge and arisinge of and from the use and benifytte of their severall legacies
99    and further that their saide legacies be employed to their beste use and beheese in suche sorte and maner as
100    shall to my saide Executors or the greater parte of them seeme moste behee[s]full and expedyente for the saide
101    Susanna, or Margarette and Agnes or any or either of them. And further my will is that is my said executors
102    and everie of them in their accompte and accomptes hereafter to be made to the saide Susanna Webber or
103    anie other shal[l ]be allowed, acquited and discharged of and for all, and any suche some and somes of money
104    as my said executors and every of them shall necessarilie and truelie paye disburse and laye oute in and
105    aboute the execution of this my will, and in and aboute the sute and recoverie of anie my debtes, and in
106    and aboute any matter or thinge whiche shall any waie comcerne the righte intereste or clayme of the
107    saide Susan, Margarett, and Agnes or any of them Or shall concerne the defence or protectyon of anye
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108    any cause, matter, or thinge growinge or arisinge by reason of this my will againste any person
109    or persons w[hi]ch shall conduce, prosecute or reckon in any sorte or action againste the saide executors or
110    any of them. In wytnes whereof I the said John Pincombe have hereunto sette my hande & seale
111    the daie and yeare above wrytten. By me John Pincombe the elder. Theis witnesses Anthonye
112    Amorye parson of Asheholte, by me Thomas Slader, and Laurence Bowe Teste me Johannis Bonde
113    Willyam Tooker, Teste me Stephan Domineck A Codicill added to the laste will and
114    Testamente of John Pincombe the elder made the laste daye of Februarye Anno Domini One Thousande
115    Six hundreth and foure. And further I the said John Pincombe the ellder beinge of perfecte & sounde
116    memorye thoughe sicke in bodye, knowinge howe my undeserved foes are bente wrongfullie to impugne
117    and frustrate my honeste and lawefull intentes and purposes to my great greife and sorrowe, have
118    therefore called and desired my honeste frendes and neighboures whose names are underwrytten to testefie
119    that the will whereunto this codicill is annexed together with this said codicill is my true and laste
120    will and Testamente, And doe further add to my said will and ordayne touchinge suche debtes as shal[l ]be
121    due unto me at and before the tyme of my deathe that it shall and maye be lawefull to and for my said
122    executors mentioned in my saide will or the greater parte of them to compounde and agree withe all or
123    any person or persons that shal[l ]be indebted unto me at the tyme of my deathe for a lesser some, or somes of
124    money then he, shee, or they, or any of them shal[l ]be indebted then unto me, by bill, obliga[t]ion, specialtie,
125    covenante, promise, contracte or by anie other waye or meane, as my said executors, or the greater parte of
126    them in their discretion and consideration of the unhability or insufficiencie of the partie, or parties,
127    person or persons so indebted shall thincke, reasonable, meeke, behee[s]full or conscionable, and that for suche
128    Composi[t]ion and agreemente so made withe my saide debtor or deptors the said Rebecca Tooker, Margarette
129    Agnes, and Susanna Webber or anye of them or anie other person in the names of them or any of them
130    shall not make demande or bringe action againste my said executors or any of them for any greater some
131    or somes of money due from all or any such debter or debters other than for the some and somes of money so agreed
132    and compounded for, and my will is that my said executors and every of them shal[l ]be discharged & acquitted
133    againste the said Rebecca, Margaretta, Agnes and Suzanna and every of them for and concerneing
134    the serplus of anie suche debte, or debtes so agreed and compounded for. Any thinge contayned in my saide
135    will to the contrarye not w[i]thstandinge. In wytnes whereof I the said John Pyncombe have hereunto
136    sette my seale the daye and yeare above wrytten in the presence of me Willyam Hunte, John Allen, Thomas
137    Slader. Another Codicill added to the laste will and Testamente of John Pincombe
138    the ellder, made the firste daye of Marche Anno D[o]m[ini] millesimo sexcentesimo quarto. And further I the
139    saide John Pincombe the ellder beinge of perfect and sounde memorie thoughe sicke in bodye, knowinge howe
140    my undeserved foes are bente wrongefullie to ympingne and frustrate my honeste and lawefull intentes
141    and purposes to my greate greif and sorrow, have therefore called and desired my honeste frendes and
142    Neigheboures (whose names are underwrytten) to testifie that the willl whereunto this codicill is annexed toge
143    ther withe this and the other codicill is my true and laste will and Testamente. And doe further add to
144    my saide wille and ordaine touchinge suche debtes as shal[l ]be due unto me at and after the tyme of my
145    deathe that it shall and maie be laweful to and for my said executors mentioned in my said will or the
146    greater parte of them to compounde and agree with all or any person or persons that shal[l ]be indebted unto
147    me at the tyme of my deathe for a lesser some or somes of money then he, shee, or they or any of them shal[l ]be
148    indebted then unto me by bill, obliga[t]ion, specyalltie, covenante, promise, contracte or by any other waye or
149    meane as my said executors or the greateste parte of them in their discretion and consideration of the unhabi
150    litie or insufficiencie of the partie or parties person or persons so indebted shall thincke reasonable, meete
151    behee[s]full, or conscionable. And that for suche composi[t]ion and agreemente so made withe my saide debtor or
152    debtors, The said Rebecca Tucker, Margarette, Agnes and Susan Webber or any of them, or any other
153    person in the names of them or any of them shall not make demande or bringe action agaynste my saide
154    executors or any of them for any greater some or somes of money due from all or any suche debtor or debtors
155    other then for the some or somes of money so agreed and compounded for, but my Will is that my saide executors
156    and everye of them shal[l ]be discharged and acquitted againste the saide Rebecca, Margarett, Agnes, and
157    Susan Webber, and every of them for and concernenge the serplus of any suche debte or debtes so agreed
158    compounded for anythinge contayned in my said will to the contrarye, notw[i]thstandinge. And moreover
159    My will is that all and everye some and somes of money heretofore payde and payde oute and by me yet
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160    yet unpaide and w[hi]ch at any tyme or tymes hereafter shal[l ]be disursed, payde or laid out by my executors of anye of them
    ^ in or about any suche moles[tation] or accom[modation] in lawe brought or to bee brought againste  m[e]and my executors of any of th[em] for
161    for^  or concernenge any matter or matters thinge or thinges specified or contayned in my said laste will
162    and testamente, or for, in, or aboute any sute, molesta[t]ion, or trouble whiche shall, or may arise, or
163    growe to my saide executors of anye of them by reason of my said laste will and Testamente, or by reason of any
164    matter or matters whiche concerneth the same, that the coste, expenses, and chardges thereof shal[l ]be defraied
165    allowed, and borne, oute of the debts due unto me at the tyme of my deathe, and afterwardes payable to my
166    said executors. And if my said debtes shall not suffice to beare the saide coste, and expences. Then my will
167    is that every Legatee men[t]ioned in my said will shall beare his, her, and their parte and por[t]ion of the saide
168    coste and expenses proportionablie oute of the severall legacies of money geven and bequeathed to them. Any
169    thinge in my said will contayned to the contrarye notwithstandinge. In wytnes whereof I the said John
170    Pincombe have hereunto sette my seale the daye and yeare above wrytten. In the presence of theis
171    wytnesses, George Classe, Thomas Slader, Thomas Heardinge.

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