Will of Robert Lyncolne of Hingham 1555

Date: 1555 to 1556
Location: Hingham, Norfolk, England
Surnames/tags: Lincoln Lyncolne

Contents 1 Introductory Notes 2 Transcription Conventions 3 Persons Mentioned 4 Will 5 Probate 6 Witness Examinations 7 Footnotes

Introductory Notes

The will of Robert Lyncolne of Hingham, Norfolk, England was written on 14 January 1555/6 and proved in the Archdeaconry Court of Norfolk on 29 January 1555/6.^[1]

The will was noncupative; the deposition of Henry Goodram, parish priest, recorded at the end of the will after the probate clause, states that he was the scribe who wrote the will in Robert's presence. When the writing of the will was nearly complete, there was some debate as to whether Robert Alberye should be co-executor; he was apparently unwilling to undertake this role. Robert Lyncolne confirmed that he did indeed want Robert Alberye to be co-executor. But perhaps this delay is the reason that Robert Lyncolne died without having the chance to sign his will.

The will is a register copy, written in English on five pages. The text is very clear and the paper/parchment is in good condition. The will starts about one third of the way down folio 137 recto and ends about halfway down folio 139 recto.

The probate clause, written in Latin with some abbreviations, is more extensive than is usual, as administration was granted to the two executors on different days. It starts halfway down folio 139 recto and ends near the top of the following page.

Immediately following the probate clause, near the top of folio 139 verso, is a general introduction to the examination of witnesses, in Latin, slightly indented. Then follows the examination of Henry Goodram, parish priest. His statement is introduced in Latin, but the actual deposition is in English, finishing near the bottom of folio 140 recto. This is immediately followed by the examination of John Baretlowe, following a similar structure. Finally, near the bottom of folio 140 verso is a Latin summary of the deposition of John Alberye.

The inclusion of these witness statements in the register is unusual. It seems that Robert Lyncolne was so physically weak, that one of his intentions was ambiguous; the disposition of much of his property to his own sisters if his eldest son, Richard, were to die without lawful issue. There was also the uncertainty surrounding Robert Alberye's co-executorship. The Court probably considered there was a risk of further legal action if Richard did indeed die without issue, hence was careful to record the depositions of the witnesses.

Transcription Conventions

The conventions used in this transcription are:

• spelling, punctuation, line breaks and capitalisation are recorded as in the document, with the following exceptions to aid readability:
  • capital I is silently modernised to I or J as appropriate (eg "Joan", rather than "Ioan")
  • additional paragraph breaks may be included to increase readability of large amounts of text
• superscript letters are silently lowered, except where these relate to money (eg ^{li s d}), dates (eg ^th) or titles (eg M^rs)
• abbreviations/breviographs are expanded with the additional letter(s) in square brackets, except symbols for money (li s d) and the ampersand (&)
• the letter thorn is recorded as "th" in square brackets (eg "[th]e", rather than "ye")
• short series of missing/illegible letters are recorded with a period for each letter thought to be missing/illegible in square brackets; longer gaps are described with an editorial note
• editorial notes are italicised and in square brackets
• names and relationships are highlighted in bold
• footnotes are used to clarify archaic terms, difficult text and discrepancies

Persons Mentioned

The will mentions the persons below. Modern spellings for names have been included where appropriate, to help people using search engines to find this page.

• Robert Lyncolne: Robert Lincoln of Hingham, testator
• Margaret Lyncolne: Margaret Lincoln, testator's wife and co-executor
• Richard Lyncolne: Richard Lincoln, testator's son, presumably the eldest
• the Systers of ... Robert Lyncolne: testator's unnamed sisters
• John Pytcher: John Pitcher; testator had bought land from him
• Peter Cowper: Peter Cooper; testator had bought land from him
• that childe that hys wyff ys nowe w[i]t[h]: testator's unborn chid
• Bartillmewe Abell[e]: Bartholomew Abel, right to farm (keep tax from) one of testator's tenements
• Katering Lyncolne: Katherine Lincoln, testator's daughter
• Agnes Lyncolne: Agnes Lincoln, testator's daughter
• ffr[a]unces Portman/Portmanne: Francis Portman, formerly held testator's Hingham tenement
• John Jesoppe: John Jessop, formerly held testator's Hingham tenement
• John Lyncolne: John Lincoln, testator's son
• Robert Alberye: Robert Albery, co-executor
• Sir Henry Goodram preest: witness and writer of the will
• John Baretloo/Baretlowe: John Bartlow, witness
• John Alberye/Albery: John Albery, witness
• Alice Sadler: testator's servant, mentioned Henry Goodram's deposition

Will

[folio 137 recto]

In the name of god Amen
the xiiij^ten Daie of Januarye in the yere of
our lorde god M^lit CCCCC lv^tie and in the
yere of the Reigne of our Souereigne lord and
ladye Philippe and Marye by the grace of god
kinge and quene of England ffraunce Naples Jheru=
=salem and Ireland defendour[es] of the faythe princes
of Spayne and Cycell Archduks of Austrye
Duke of Myllan Burgund[y] and Brabaunt &
Countes of Haspurge fflaunders and Tyroll[e]^[2]
the Second and thredd Robert Lyncolne of
Hengh[a]m in the countye of Norff[olk] being in good
and hooll[e] mynde declared hys testament and last
will[e] nuncupatyne in manner and fourme folowing
ffyrst he bequeathed hys Sowle to all[e]mightye
god and hys bodie to be buryed in the churchyard
of Hengh[a]m aforsayde Item he wylled that hys
Executour[es] shulde bestowe vnto the poore people
tenne marc in manner and fourme folowing viz
At hys buryall[e] xxvj^s viij^d and yerelye after that
xiij^s iiij^d to be delte euery haulf yere by Evon

[folio 137 verso]

porc[i]onez to the poore people in Hengh[a]m aforsayde
vntill[e] the sayde tenne marc were fullye soo be=
=stowed Item he willed that Margaret hys wyff
and hir assignes shall[e] haue hys tenement that he
than dwelte in and all[e] hys lands medowes and
pasturs w[i]t[h] their appurten[a]nces that he than hadde
in his owne occupyeng till[e] Richard Lyncolne
hys sonne shuld coome to thage of xxj^tie years or
to soo manye years in effecte be fullye accomplyshed
And he wylled that the sayde Rychard hys sonne
shuld haue the sayde tenement lands medowes
and pasturs w[i]t[h] their appurten[a]nces at hys age
of xxj^tie year[es] to hym and hys heyr[es] for euer
And also he bequethed to the same Rychard ffiue
horsse beast[es] w[i]t[h] plowe and carte and all[e] things
belonging to them ffoure combes^[3] seed whete
ffoure combes seede barlye to be deliuered hym At
hys sayde age And yf the sayde Richard shulde
departe from hys naturall[e] lyff before he shuld
coome to thage of xxj^tie years w[i]t[h]ought yssewe of
hys bodye lawfullye begotten The sayde Robert
wylled that than all[e] the sayde tenement Lands
medowes and pasturs w[i]t[h] their appurten[a]nc[es]
shuld after the sayde years accomplyshed in effecte
remaine to all[e] the Systers of hym the sayde
Robert Lyncolne and their heyrs for euer Item
he wylled that hys Executours and their as
assignes shulde enioye and haue the proffighte

[folio 138 recto]

of hys tenement called Pyxstonnes tuo acres and one
roode of land that was John Pytchers tuo acres of
lande late Peter Cowpers one roode of lande lyeng
At Stumpe crosse in Hengh[a]m aforsayde and one
cloose called Broccles tyll[e] such tyme as the sayde
Rychard shuld coome to thage of xxj^tie year[es] or such
years shalbe accomplyshed in effecte And he wylled
that assone as those years shalbe accomplyshed in
effecte the sayde Margaret and hir assignes shuld
haue the sayde tenement called Pyxstonnes those same
ffiue acres and oon[e] roode of lande^[4] and the sayde
cloose called Broccles during the holl[e] terme of
hyr naturall[e] lyff And he wylled that after hyr
Decesse the same tenement called Pyxtonnes
the same ffiue acres and one roode of land and the
sayde cloose called Broccles shuld remaine to that
childe that hys wyff ys nowe w[i]t[h]all[e] yf yt be
a man chyde and hys heyr[es] foreuer And yf
yt be a woman chylde he wylled that than the
same tenement called Pyxstonnes the same ffiue
acres and one rood of lande and cloose called
Broccles shuld after hys wyff[es] decesse remayne
to the sayed Rychard hys heyr[es] and assignes
for euer payeng to that same woman chylde
or to hyr assignes Threttye pound[es] at hyr
age of xx^tie year[es] the sayde terme therin appoinc
=ted to hys Executour[es] excepted And ffurd[er]
he wylled that Bartillmewe Abell[e] shuld haue

[folio 138 verso]

the sayde tenement called Pyxstonnes to fferme
before any other tyll[e] the sayde Rychard shuld coome
to the sayde age of xxj^tie years or those years
shuld be accomplyshed in effecte And he
willed that the proffighte of the sayde tenement
called Pyxstonnes of those same ffiue acres and
one rood of lande and of Broccles coomynge
during the nonage of the sayde Rychard or
during those same years in effecte shalbe ymployed
towards the payement of the legaces comprysed
in hys testament and last will[e] Item he dyd
giue and bequeth[e] to Katering hys doughter to hyr
heyrs and assignes all[e] hys tenement and here
=dytament[es] sytuate and lyeng in Thetforde and
Seventenne pound[es] tenne shilling[es] of lawfull[e]
moonye of England she to enter into the same
tenement[es] and heredytament[es] And also to haue
the ^hyr sayde Seventenne pound[es] tenne shilling[es]
At hir age of xx^tie years Item he wylled dyd
giue and bequethe vnto Agnes hys Doughter
hir heyrs and Assignes hys tenement in Hengh[a]m
which sumtyme was ffr[a]unces Portmannes late
John Jesoppes and Seventenne pounds tenne
shillings of laufull[e] monye of England she
to enter at hyr age of twentye years And
also than to reteine the same Seventenne pound[es]
tenne shilling[es] And he willed that hys Executours
and their assignes in the mean tyme shuld haue
thoccupyeng and proffighte of the sayde ten[emen]t[es]
and heredytament[es] in Thetforde and the ten[emen]t[es]
sumtyme the sayde ffr[a]unces Portmans vntyll[e] hys the

[folio 139 recto]

sayde ages of hys doughters And the clere proffight[es] of
them to be imployed towards the p[er]formannce of hys testame[n]t
Item he dyd giue and bequeth[e] to John hys sonne ffiue
pounds of laufull[e] monye of England to be payde At
hys age of xxj^tie years Item all[e] the Resydewe of hys
goods and cattalles not before geuen nor bequthed hys debt[es]
excepted he dyd giue and bequeth to the sayde Mar=
garet hys wyff And he wylled that hys Executours
shuld take and receiue all[e] hys debt[es] towards the paye
=ment of the sayde legaces And he ordeyned and
made hys Executours of hys sayde testament and
last will the sayde Margaret hys wyff and Robert
Alberye of Hengh[a]m aforsayde These being wyttenes
Sir Henry Goodram preest John Baretloo and
John Alberye

Probate

[folio 139 recto continued; translated from Latin]

This testament was proved at Buckenham St Martin before Master Edmund Cousen, Bachelor of Sacred Theology, official commissary in and throughout the Archdeaconry of Norfolk, the 29th of January 1555, and the administration of the goods etc was granted to the executrix named in the said testament, being sworn in due form of law, reserving the grant of a similar share of the administration to Robert Alberye, executor also named in the same testament, when he shall come, in form of law, to accept or reject. Thereafter, on 11th of March in the year abovewritten in the parish church of Hingham, before the aforewritten Master Edmund Cousen, who personally examined the said Robert Alberye, who accepted under oath the duty of

[folio 139 verso]

executing the said testament, to whom thus having asked, was granted similar administration of the goods etc. being sworn in due form of law.

Witness Examinations

[folio 139 verso continued; translated from Latin]

The following are the examinations made concerning the truth of the testament of Robert Lyncolne prescribed in the parish church of Hingham on the penultimate day of January in the year of our Lord 1555

Sir Henry Goodram, parish chaplain of the parish church of Hingham, where he has lived for a year and more, aged 40 years; witness produced, sworn, carefully and discreetly examined; first, of his acquaintance with Robert Lyncolne, deceased, he says that he has known well the same an entire year before his death; then, concerning the truth of the testament of the same Robert

[folio 139 verso continued; in English]

Thys Deponent saythe by vertue of hys othe
that in the xiiij^ten daye of Januarye last past
before thys hys Examinac[i]on aboughte Noon tyde
of the same daye The sayde Robert Lyncoln[e]
being veraye sick dyd sende for thys Depone[n]t
by one Alice Sadler than being hys s[er]u[a]nte
to coome to the house of the sayde Robert
Lyncolne And whan he this Deponent
came thether he founde the sayde Robert
Lyncolne lyeng vppon hys bedde who desyred
this Deponent to wryte hys testament and
last will which this Deponent sayeth he dyd
beginne to wryghte vntill[e] he came to the
nomi[n]ac[i]on of thexecutours where he stayed for

[folio 140 recto]

that Robert Lyncolne Alberye was not at that tyme
content to be Executour w[i]t[h] the wyff of the same
Robert Lyncolne sayeng to the testatour that he
durst not for that he thoughte hys sayde wyff to
be a ffroward woman but this Deponent sayeth
that yt was the Testatours will than in any wyse
the forsayd Robert Alberye shulde be one of hys
Executours And also sayeth that at that tyme
was p[rese]nte John Alberye and John Baretlowe
And also this Deponent by vertue of hys
othe saythe that the forsayd Robert Lyncolne
willed that hys Te[neme]nte and lands bequethed to
Richard hys sonne shuld yf the same Rychard
chaunseth to departe w[i]t[h]oughte yssewe of hys
bodye lawfullye begotten Remayne to all[e] the
Systers of the forsayde Robert Lyncolne
than being aliue and their heyr[es] for euer
And sayeth also that all[e] the Rest of the
testament soo being exhybyted and redde to
hym the tyme of hys Exami[n]ac[i]on dothe agree
in euery poincte article and clause according
to the mynde and will[e] of the sayde Robert
Lyncolne Et aliter nescit deponere^[5]

[folio 140 recto continued; translated from Latin]

John Baretlowe of Hingham, where he has lived for 16 years, aged 60 years or thereabouts, of free condition; witness produced, admitted, sworn, carefully and discreetly examined; first, of his acquaintance with Robert Lyncolne, he says he knew well the same for 20 years before his death;

[folio 140 verso; translated from Latin]

then, concerning the truth of the testament

[folio 140 verso continued; in English]

This Deponent saythe that uppon Tuesdaye
last past was a ffortennighte^[6] in the afternoon of
the same daye he came to the house of the sayde
Robert Lyncolne where he founde hym lyeng
uppon hys bedde in hys clothes denide concordat
in om[n]ibus dictis et deposicionibus p[re]contestis^[7] saving
that he cannot tell[e] whether the sayde Robert
Lyncolne wylled the that the tenement and
land[es] bequeathed to Richard hys sonne shuld yf
he ffortuned to dye w[i]t[h]oughte yssewe of hys bodye
laufullye begotten remaine to hys Systers or
doughters ffor that he dyd here hym onely speke
of Sisters but whether he mente hys owne
Sisters or hys sonnes this Deponent cannot
depose Et ali[te]r nescit deponere^[5]

[folio 140 verso continued; translated from Latin]

John Albery of Hingham, where he has lived for 18 years, aged 30 years or thereabouts, of free condition; witness produced, admitted, sworn, carefully and discreetly examined; first, of his acquaintance with Robert Lyncolne, he says that he has known well the same from the childhood of the same Robert Lyncolne; then, concerning the truth of the testament, he agrees with Henry Goodram the prior witness.

Footnotes

1. ↑ Court of the Archdeaconry of Norfolk, Register copy wills, v. 15 (Stoorye), 1555-1556, fol. 137 recto, will of Robert LYNCOLNE of Hingham, proved 29 January 1555/6; images, FamilySearch (https://www.familysearch.org/ : accessed 5 February 2022) DGS no. 8004640, image 143 of 315 (can be viewed at Family History Centres and Affiliate Libraries); Norfolk Record Office.
2. ↑ Princes of Spain and Sicily, Archdukes of Austria, Dukes of Milan, Burgundy and Brabant, Counts of Habsburg, Flanders and Tyrol
3. ↑ coomb - a unit of measure used for grain
4. ↑ this area is not the sum of the three pieces of land mentioned, which would be four acres and two roods (4.5 acres)
5. ↑ ^{5.0 5.1} translation: "and otherwise he cannot depose" (a standard legal phrase confirming the truth and completeness of the deposition)
6. ↑ ie a fortnight before last Tuesday
7. ↑ translation: "then agrees on all the statements and depositions of the prior witness"