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Will of James Hobart of South Pickenham 1641

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This is a transcription of the register version of the Prerogative Court of Canterbury Will of James Hobart of South Pickenham, Norfolk, England.
It was written on 27 January 1641/2. A Codicill was added on 9 July1642 and the will was proved in London on 5 August 1642. [1]

Spelling, punctuation and line breaks as per the register copy.
Paragraph breaks are my own for easy of reading
Abbreviations have been expanded in [square brackets]
Capital F has been rendered as F instead of ff
Margin insertions have been added in superscript in the place where they were intended in the text.

The scans provided by both the National Archive and by Ancestry are very difficult to read.


In the name of God Amen: The seaven
and twenteth daie of Januarij 1641 And in the Seaventeenth year of
the rainge of our Soveraign Lord Kinge Charles &c I James Hobart of South
Pickenham in the County of Norffe Esquire beinge of perfect memory (God be praised) doe make and

[page 2]
doe make and ordayne this my last will and Testament in manner and
forme followinge That is to saie First I commend my soule into the hands of God
my Creator in assured hope through the onely merritts of Jesus Christ my
mercifull Redeemer of a ioyfull resurrecion unto eternall [2]

Item I comend
my body to the earth from whence it came to bee decentlie buried att the
descrecion of my Executors without vaine pompe or unneccessarie charges in the
parish Church of South Pickenham in the Chappell there built by myself
Nowe for the order and disposicon of all my worldy goods wherewith god hath
blessed mee

First I give and bequeath the use of all my housholdstuffe unto
my deare and lovinge wife soe longe as shee shall live unmarried and after to bee
left as heireloomes with my house in South Pickenham unto my eldest sonne
Item I give and bequeath unto my said deare and loving wife One hundred pounds
to bee paid within one yeare next after my death to bee raised out of my corne
and stock
[omitted and added in margin: at South Pickenham which I doe appoint to be
sold by my Executors p[re]sently after my death in consideracion of]
which legacie of one hundred pounds I doe will and require
my said wife that she will in decent and conviente manner finish the
Chappell to the Church of South Pickenham (where I intend God willinge to
bee buried as I have before declared if I shall shall leave the said Chappell or any p[ar]te
thereof unfinished att the tyme of my death

Item whereas I owe One Thousand
pounds or thereabouts parte of my purchase of South Pickenham my will and
meaninge is that if Mr Bradbury or any of them from whome I purchased the
said estate shall as soone as convenientlie they may fullie and absolutlie clear the
same from all and all manner of Incumbrances to the Kings Ma[jes]tie by reason of the
saide Mr Bradbury his Convictancy or Recusancy or other wise in such full and compte
manner as my Executors shall require and approve that then my said Executor
shall paie the said One Thousand pound or soe much thereof as shall then be behind
and due within one yeare next after my estate shalbee soe cleared accordinge
to the purporte and intent of certaine Articles formerlie made and agreed upon
betweene the saide Vendors and myself ; Butt if they shallbe late or neglect to
cleare the saide estate as aforesaid att their owne proper costs and charges being
thereunto reasonablie desired to my Executors, I doe then desire my said Executors that
they wilbe devised by the Countie treasurer in the h--e in same Con----son the clearinge
of the same and therein to proceed as lawfully they may if allowinge their charges
and recompence for their travell therein which must be deducted and abated out
of the said one thousand pounds, And for the raisinge of the said one thousand
pounds I doe appointe and allott the residue of my Corne and Stocke appointed to be
sold by my Executors as aforesaid, and if that shall not amounte to soe much I doe
appointe and sett out the Surplusage of the rents and proffitts issuinge and arisinge
from and out of all my Mannors lands tenements and hereditaments in South Pickenham
aforesaid after such Annuities and provisions for my three sonnes hereafter mencioned

Item I give and bequeath all those my Mannors of Stuky hall and South Pickenham
--- with all their rights members and appurtenances in South Pickenham
in the County of Norffe and other Townes neare there adioyninge and all other my
Lands tenements and hereditaments in South Pickenham aforesaid North Pickenham
Holen Cressingham Magna and Cockley Cley or any of them, And after all that
my Parsonage inapropriate of Methwold with their rights members and app[ur]tenances
in Methwold in the said County of Norffs, together with the right of that p[re]sentation
to the Vicaradge of Methwold aforesaid until John Hobart my eldest sonne and to the
heires males of his bodie lawfullie to been begotten and for default of such yssue unto
[omitted sentence as margin note: Henry Hobart my second sonne
and to the heires males of
his body lawfully to be begotten
and for default of such issue]
James Hobart my third and youngst sonne, and to the heires males of his body

[page 3]
lawfully to bee begotten and for default of such yssue to the right heires of me
the said James Hobart thelder forever

Item I give and bequeath unto Henry
Hobart my second sonne and to the heires of his body lawfullie begotten one moyty
of all that my farme called Banham Haugh in Banham in the said County of
Norffs and of all other the Lands tenements and hereditaments noew or late in
the tenure of occupacon of Ralph Constable and William Austin or their assignes
The other moitie of the said Farme called Banham Haugh and of all other the
premisses in Banham aforesaid I give and bequeath unto James Hobart my third
sonne and to the heires of his bodie lawfullie begotten Provides alwaies and my will
and meaning is that none of my said three sonne nor any of their heries not any of
the persons before limitted shall enter into or have possession of any the premisses before
menc[i]oned untill such time and but in such manner onlie as in this my last will &
testament is hereafter appointed and expressed This is to saie whereas I have hereto
fore by deed Indented made and a---ted a lease for Divers yeres yett to come and unexpired
of the said parsonage inpropriate of Methwold and of the saide Farme of Banham
Haugh with all the Lands tenements and hereditaments thereunto belonginge as by the
saide deede Indented bearing date the Seaventeenth daie of November in the Sixteenth
Yeare of his now Ma[jes]ties raigne between mee the said James Hobart on the one parte and
Sir Edmond Moundford knight Robert de Erey and William Rockworth Esquiers on the other
parte it doth and may more large appeare Nowe therefore my will and meaninge is
that neither of my said sonnes nor any of them nor their nor any of their heires
respectivelie shall enter into or have possession of their porc[i]ons in the said demised
premisses or any parte or parcell of the same untill the Expirac[i]on of this said Lease
But that the said demise before menc[i]oned shall remayne bee and Continue in full
force and power to all the intents and purposes therein specified during all the terme
of yeres therein menc[i]oned and expressed And if itt shall happen that the said Lease be
shall expire before such times as my said sonnes or any of them shall accomplish the full
age of one and twentie yeres, then my Executors shall have the orderinge and Government
of the respective porc[i]ons of such of my said sonnes as shall happen to be under the age
of one and twenty yeares, for the benefitt and behoofe of my said sonnes respectivelie
untill hee or they shall attaine to the respective age of one and twenty yeres as
aforesaide.

Nowe therefore for the present maintenance and educacon of my said
three sonnes my will and meaning is that it shall and may be lawfull to and for my
Executors imediatelie after my death for a full & valuable yearly Considerac[i]on to demise
--- and to farme lett all those my Mannors of Stuky hall and South Pickenham
and all other my Lands tenements and hereditaments in South Pickenham and Holton
or one of them and the rents and proffitts of them to receive untill such tyme as my
said eldest sonne John Hobart shall accomplish the full age of one and twenty yeares
my said Executors --t--nallie disposinge of the said rents and proffitts to the severall
yses intents and purposes hereafter specified and expressed, That is to saie, allowinge
unto my said eldest sonne John Hobart for and towards his educac[i]on and mainte=
=nance Thirty pounds p[er] ann[um] from the time of my death untill he shall attaine to the
age of Fiveteene yeres and from thence allowinge him Forty pounds p[er] ann[um] untill
hee shall accomplish the full age of one and twentie yeres alsoe my will and
meanings is that my said Executors shall allowe and pay out of the said rents and
proffitts unto my two younger sonnes Henry and James for and toward their educac[i]on
and maintenance to either of them twentie pounds yearely from the tyme of my
death untill my said sonne John shall accomplish the full age of one and twenty
yeres The surplusage of the s[ai]d rents and proffitts for the said time to bee

[page 4]
imployed by my Executors for and towards the raisinge of soe much money as
my Corne and Stocke appointed to bee sold by my executors shall fall shorte of the
one thousand pound to bee paid for any purchase of South Pickenham upom such
Condic[i]ons and in such manner as I have before declared , And the surplusage if any
bee to bee implyed by my said Executors for and towards the increasing of my three
daughters porc[i]ons, And further my will and meaning is that for soone as my said
eldest sonne John Hobart shall accomplish the full age of One and Twenty years that
ymediately then and from thenceforth hee shall have and enioy the present estate
and possession of all those my Mannor Lands tenem[ent]s and hereditaments in South
Pickenham and Holton before devised to him my said sonne John except my principall
mansion house and certaine other lands in South Pickenham hereafter devised to my
wife yeildinge and payinge thereout unto my two younger sonnes Henry and James
to either of them twenty pounds yerely and every yere untill such tyme as the
said Lease of the Parsonage of Methwold and Banham Haugh before mentioned bee
expired att which tyme they my said sonnes Henry and James are to jointly to have
possession and enioy their severall moieties in the saide Farme of Banham Haugh
if they shall then have accomplished the full age of one and twenty yeres

Nowe
For provision of porc[i]ons for my three daughters Mary Frances and Dorothy
I doe give and bequeath all that my terme of yeres yett to come and unexpired
in the Scite of the Mannor called the Lathes in Hosten St Peter in the County of Norffs
with all the houses, buildings and edifices belonginge to the same and alsoe all those
arrable grounds inclosures meadowes pastures Alder courses and maristies lyinge
and beinge in Hosten St John and Hosten St Peter and Neatishead or any of them, and
alsoe all those the Parsonages of Hosten St John and Hosten St Peter, all which I hold
by Lease of the Bishopp of Norwich to bee sould by my Executors so soone after my
death as they cann convenientlie gett a valuable consideracion for the same and the
money for the same to be putt out to the best benefitt by my said Executors ( in
whose loving Care and faithfullnes I must in this case place my greatest confidence)
and both the principall and accruinges & proffitts of the same to bee equallie divided
and paid unto my three daughters Mary Frances and Dorothy att their respective
ages of twenty yeres onely deductinge and allowinge out the interest of the same
yerely for the present maintenance and educac[i]on of my said three daughters
untill they shall accomplish the age of twenty yeres respectivelie vizt to my
Daughter Mary Thirty pounds p[er] Ann[um] to my Daughter Frances twenty pounds
p[er] Ann[um] and to my Daughter Dorothie Fifteene pounds p[er] Ann[um] And when any
of them shall attaine to the age of twenty yeres and shall receive her porc[i]on
of the principall then a respective abatement to bee made of the said respective
yerely allowance for her present maintenance and educacon

And I will that
my wife shall have the Custodie of all my said Children duringe their minorities
and of the saide severall yerely somes of money for their maintenance and educacon
and that they bee ordered and Governed by her , both in their marriages and in all
other dutifull respecte to a Mother And if it shall happen that either of my two
younger sonnes Henry or James shall dye before hee shall accomplish the age
of one and twentie yeres and shall leave noe yffue of his bodie livinge then I
will that the survivour of them two shall have and enioy the whole estate of
the saide lands in Banham aforesaide with the appurtenances paying
unto each of my said three Daughters Mary Frances and Dorothie one
hundred pounds appece, within one yere after hee shall have possession
of the saide Lands And if it shall happen that both my Sonnes younger

[page 5]
sonnes Henry and James shall die before they shall accomplish the age of one
and twenty yeares and shall leave noe yssue of their bodies then I will that my
sonne John shall have the whole Estate by mee in this my last will and Testem[en]t
given and bequeathed unto my said two younger sonnes, my said sonne John paying
unto each of his saide three Sisters one hundred pounds apeece as aforesaide, And
if it shall happen that my said eldest sonne John Hobart shall dye before hee shall
accomplish the age of one and twenty yeares, and shall leave onely yssue female
so that his porcon and estate shall fall to my sonne Henry, Then I will that
such yssue female of my said sonne John shall have the porc[i]on and estate
of my said sonne Henry in Banham aforesaide, And if it shall happen
that my [ omitted] sonne Henry shall likewise dye before hee shall accomplish
the age of one and twenty yeares and shall leave noe yssue male soe that the
estate of my said eldest sonne John shall fall to my said sonne James, Then I will
that such issue female of my said sonne John shall have the porc[i]on and estate
of my said sonne James in Banham aforesaid, and if it shall happen that my
saide sonne John shall dye before hee shall accomplish the age of one and twenty
yearesand shall leave noe yssue of his bodie, so that my sonne Henry shall
come to have the esate of his said brother John, Then I will that my sonne
James shall have and enioy my whole Land and estate in Banham aforesaid
payinge unto each of his said Sisters one hundred pounds apeece as aforesaide
And if it shall happen that any one of my said three daughters Mary Frances and
Dorothy shall dye unmarryed before shee shall accomplish the age of twenty
yeres then I will that her porcon bee divided equally betweene her two
Survivinge Sisters. And if it shall happen that two of my saide daughters shall
dye unmarried before they shall accomplish the age of twenty yeres, Then
I will that the porc[i]on of one of them shalbee to the surviving Sister and the porc[i]on
of the other shalbee equally divided amonge my three sonnes And if it shall happen
that all three of my saide daughters shall dye unmarried before they shall
accomplish they age of twenty years then I will that the one halfe of their
porc[i]on shall goe to my sonne John, and the other halfe to bee equally divided
between my two younger sonnes Henry and James,

Item whereas this is a
suite nowe depending in his Ma[jes]ties Courte of Comon pleas att Westm[inste]r between
mee and my Tenants att Methwold upon a Covenant, and alsoe another cause
in question betweene Sir John Hobart Knight and Baronett my brother and
my selfe concerninge certaine Leases in Ashmen huagh Neatishead and other
townes neere there, some tyme the possession of Edward Hobart Esqr or Henry
Hobart Esqr my brothers or one of them Nowe my will and meaning is That
if anythinge shall bee recovered in either of theis causes, the money soe received
shall goe to the Augmentinge the porc[i]ons on my said three daughters Mary
Frances and Dorothy namely to raise them to Eight hundred pounds apeece yf
there shalbee soe much recovered And the suplusage (if any shalbee) to bee
imployed (my debts legacies and funerall expences beinge paid) towards the pay[me]nt
of the thousand pounds for my purchase at South Pickenham Fitz-Henry-9 (if that which
I have already sett out and appoynted for that use been not sufficient) and for the
benefitt and advancement of my said Eldest sonne John Hobart, that soe hee may
come to his estate cleare and Free when it shall please god

Item I will that my
wife shall have and enioy my principall Mansion howse in South Pickenham
aforesaide together with all the Outhouses, Barnes, Stables, Dovehouses and other
Edifices and all the Orchards gardens and yards thereunto belonginge together
with my Mault house in South Pickenhame aforesaid with Free ingresse egresse
and regresse to and from the same and Free libertie to take and drawe water
for the use of the said Mault house rom tyme to tyme and att all tyme

[page 6]
duringe the terme here after limitted And alsoe all that Close or peece of
meadowe comonly called the Elmyard, and alsoe all that Close or peece or pasture
ground comonly called the Bushey Close: and alsoe all that Close comonly called the
Whitehouse yard in South Pickenham aforesaid to have and to hold to my said wife
from the tyme of my death for and during the terme of her naturall life Provided alwaise
and it is my will and meaninge that if my said wife shall happen att any tyme herafter
to marry againe that then and from thenceforth imediately all the said premisses
by this my last will and Testament devised unto my shall remayne come and
bee unto my sonne John Hobart in such estate as is before limited and expressed
Moreover I doe by this my last will and testament declare and ordayne my full intent
and meaninge to bee That if it shall prove my Farme called Banham Haugh afore=
saide and other the premisses before by mee given and devised as porc[i]ons to and for my
two younger sonnes Henry and James or any parte thereof to bee holden of our
Soveraigne Lord the Kinge in Capitle soe as I cannot by this my last will and
Testament dispose of any more than two parts of three of the said Lands and p[re]misses
from my heires Then I doe hereby will and charge my eldest son and heire soe
soone as hee shall accomplish the age of one and Twenty yeres that hee shall in
due forme of lawe settle assure and confirme the said third part of the said Lands
accordinge to such Condic[i]ons and limittac[i]ons as I have here before
declared and provided And in case my said sonne and Heire shall refise so the Doe as
aforesaid I doe then by this my last will and Testament give and bequeath the Mannor
of Stuke hall unto my said two younger sonnes with such Condic[i]ons and limittac[i]ons
as I have before declared and provided anythinge before expressed to the contrary
in any wise not withstandinge Alsoe whereas I have one Close in South Pickenham
aforesaid conteyninge Fowrteyne acr[es] and an halfe bee it more or less, and alsoe
one acre of land by estimac[i]on being att a place called Rampitt in South Pickenham
aforesaid all which I late purchased of Raph Constable late of Holme Hale in the
County of Norff husbandman wherein Mary Hobarte my eldest daughter is Joyned
purchaser with mee Nowe therefore I doe here by will and Charge my said
Daughter Mary soe soone as shee shall accomplish the age of one and twenty yeres
that shee shall in due forme of lawe settle assure and Confirme the said Fifteene
and a halfe uppon my said sonne John Hobarte and other my heires males upon such
Condic[i]ons and limittac[i]ons I have before declared and provided And in case my
said Daughter Mary shall refuse soe to doe I doe then hereby will and appointe my
Executors to deduct three hundred pounds out of the porc[i]on of my saide Daughter Mary
and the sume to paie unto my said sonne John Hobart or other my heire male who
shall have the rest of my lands att South Pickenham aforesaid in liewe of the said
Fifiteen Acres &c Any thinge before expressed or declared to the Contrary in any wise
notwithstanding,

Item I will and appointe that my Executors and every of them shall
have allowed unto them all such necessary Charges and expenses as they or any
them shalbe putt ot or expend in or aboute the Execution and performance of this my
last will and testament and in or about the managinge of the estate wherewith they
are hereby trusted

Item I doe hereby nominate and appoint my very worthie
Friend and Kinsman Sir Nicholas Le Strange of Hunstanton in the County of
Norff Knight and my very lovinge Kinsman John Hobarte of Waybred in the
County of Suff[olk] Esquire to bee Executors of this my last will and Testament In
witnes whereof I have hereto sett my hand and seale this daye and yere first above
written

James Hobart

Signed sealed and published in the presence of
Memorandathat the words herin Interlined vizt In the first sheete (in soe full
and ample manner as my Executors shall require and approve) then, In the second
sheete /yerely // In the Thrid sheete eldest, on; In the fourth sheete if it shall prove
with In the fifth sheete, my, were interlined before the ensealing and delivering

[page 7]
hereof Signed sealed and published in the presence of us Anthony Catonford
Robert Kinge Edmund Eade and Edw: Payne./

A Codicill or declaration made the Nynth day of the July Anno D[o]m[ini] 1642 --
appoynted to bee annexed unto and ordayned constituted and declared to bee and to bee
taken and reputed as parte and parcell of the last will and testament of me James
Horbarte of South Pickenham in the County of Norff: Esquire / Imprimis whereas by
my last will and testament dated the [blank] daye of [blank] 1641 I have given and devised
unto my deare and lovinge wife Katherine Hobarte All my implements of house and
houshold stuffe to use and enioy soe longe as shee shall live unmarryed Nowe my further
will and meaninge is that if my said wife shall happen to marry after my decease that
then imediately shee shall devide give and dispose all my said housholdstuffe to or amongst
my Children or such of them as shee shall thinke fittinge accordinge to her discrec[i]on
and the dutifull Carriage of my said Children towards her theire Mother as they or
each of them shall bes meritt and deserve:

Item whereas William Prude als Proude
of the Cittie of Canterbury Esquire (father of my said wife) did by his last will and
Testament or otherwise in his lifetime give and settle certain Mannors Lands tenem[en]ts
and hereditaments in the County of Kent or elsewhere in tayle unto uppon the heires
Males of my said Wife for default of yssue male of the body of Saules Prude sonne & heire
of the said William lawfully begotten and to be begotten upon certain Condic[i]ons limittac[i]ons and provisions
by hm menc[i]oned and declared as aforesaide Nowe my will and meaninge is That if
the said Lands so intayled shall hereafter fall or come unto my eldest sonne John
Hobarte by vertue of the said guift entayle then I will that all that my Parsonage
inpropriate of Methwold with all the rights members and appurtenances thereunto
belonginge formerly in and by my said last will and testament devised unto my said
eldest sonne John Hobarte shall after the death of my said wife bee devided betweene
my other two sonnes Henry and James and futher to remayne and to bee imployed:
in such manner and to such uses as the other porc[i]ons of my said two younger sonnes
are menc[i]oned and declared to bee in and by my said last will and testament Butt if
the said lands so entayled shall fall or come to either of my said two younger sonnes
Henry or James by vertue of and Condic[i]on or provisioe in the said guift entayl limitted or
menc[i]oned Then I will that the porc[]i]on of him to whome the said lands soe entayled
shall fall or come shall bee & remayne to the other of my said two younger sonnes respectively
in such mannor and to such uses as I have before menc[i]oned and declared concerning
the porc[i]ons of my said two younger sonnes

Iteam whereas I have by my said last will and
testament nominated constituted and appointed my wellbelowed Cozen John Hobarte of
Waybred in the County of Suff Equire my sole Executor Nowe I doe hereby nominate
appoynte and Constitute my saide deare and Lovinge wife Katherine Hobarte and my
said wellbeloved Cosen John Hobarte Esquire to bee my Executors of my last will and
Testament Nott revokinge alteringe or Diminishinge my said last will and testament
before menc[i]oned nor any parte thereof other the in soe much as such parte there of
as by this my Codicill or Declaration (thereunto to bee annexed) I have menc[i]oned
and declared to bee revoked and Altered In witnes whereof I have hereunto putt
my hand and seale the day and yere first above written James [blank] Signed
sealed and published in the prescence of Ed Proger Henry Ryches

Probate in Latin
Granted fifth day of August 1642 to Katherine Hobart, relict of the said deceased and the Executrice named in the Testament.



https://babel.hathitrust.org/cgi/pt?id=uc1.b4945930&view=1up&seq=151&skin=2021&q1=%22dorothy%20hobart%22 page 141)


Sources

  1. Jacobi Hobart in: The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 190
  2. the word "life" probably omitted in the register copy




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