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.
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
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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
[page 4]
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.
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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