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Sir John Nelthorpe will

PROB 11/331 Coke 198-166 Will of Sir John Nelthorpe of Grays Inn, Middlesex 05 October 1669

Editorial history

14/01/12, CSG: Created page

Abstract & context

John Nelsthorpe wrote to Sir Henry Oxenden on February 20th 1662/63 "on y:e behalfe o a Nephew of mine; (of my owne name,) now under y:e Dispose of yo:r Brother, S:r Geo: Oxinden." Sir Henry sent Nelthorpe's letter on to his brother with a short covering note that the enclosed came to him "from a honest acquaintance." The nephew was Francis Nelthorpe.

John Nelsthorpe (alias Nelthorpe) was probably the future Sir John Nelthorpe (b. ?, d. 1669), the second son of Richard Nelthorpe (b. ?, d. ?) of Scawby, Lincolnshire. A pedigree for the Nelthorpe family of Scawby, Lincolnshire in Lincolnshire Pedigrees states that John Nelthorpe entered Gray's Inn in 1634 and was created a baronet in May 1666.^[1] He died three years later in 1669.^[2]

According to the same volume of Lincolnshire Pedigrees, Francis Nelthorpe was John Nelthorpe's nephew, the eldest son of John's elder brother, Edward Nelthorpe (b. ca. 1604, d. 1685) of Barton-on-Humber and of Magdalen (née Sandwith), of Barrow. The second son of Edward Nelthorpe was Goddard Nelthorpe (b. ca. 1630, d. 1703), who was raised to knight and baronet. The fourth and youngest brother, James Nelthorpe (b. ?, d. ca. 1685), was a London merchant and haberdasher^[3]

However, the birth order recorded in the Lincolnshire Pedigrees is contradicted by an archival index record for Edward Nelthorpe's will, dated December 26th 1684. Edward was then in his eighties, with thirty-two grandchildren. The index record of the will states that a Richard Nelthorpe was the eldest son, with Francis Nelthorpe the fourth male child.^[4]

The Nelthorpe family provides a good example of the mid-seventeenth century mixing of gentry, legal and merchant circles. Edward Nelthorpe, Francis' father, had a country house in Barton-upon-Humber. John Nelthorpe, Francis' uncle, was a lawyer of Gray's Inn. Francis himself was a merchant, as was his (probably) younger brother, James Nelthorpe (a haberdasher), as was his cousin, John Nelthorpe, who was a merchant of Aleppo.^[5]

Suggested links

See 20th February 1662/63, Letter from John Nelsthorpe to Sir HO, forwarded to Sir GO by Sir HO
See 12th August 1665, Letter from Francis Nelthorpe to Sir GO, Fort St. George

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Transcription

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IN THE NAME OF GOD AMEN I S:r John Nelthorpe of Grayes Inne in the County of Midx Baronett seriously weighing and considering the frailty of mans life, how that the dayes of his Pilgrimage are few and evill And that when wee least thinke of it Death many tymes Knocks att our Dores, And when wee imagine our mountaine most strong then are wee nearest being ?removed ?hence thereupon esteemed it my duty in tyme of health to thinke of sicknes And in XXXdest of life to prepare for death Not onely by recomending my soule into the hands of my most ffaithful Creato:r whose it XX and for and by whome it is and was Created But alsoe by setting my house in order before the evill dayes come upon me even those wherein I shall say XXXXX noe pleasure in them That soe when myne appointed tyme comes I may have nothing to doe but to dissolve and be with Christ which is best of all ??This Eleaventh day of September in the One and Twentieth yeare of the Rayne of our Soveragne Lord Charles the Second by the grace of God of England Scotland ffrance and Ireland King defender of the ffaith xr ?Annoys Domini One Thousand Six hundred Sixty Nyne have made this my last will and Testament in manner and forme following

IMPRIMIS I give and bequeath unto all and every my Tennants in Market Rasin Killingholme Kerington North Kelsey Clamford Briggs Messingham Ulceby ?Horncasth West Ashby and Upper ??Tointon in the County of Lincoln And in Beverley in the County of York All their arreares of Rent which shall be due to me and unpaid att the tyme of my decease

ITEM I give and bequeath unto Brian ?Coverdale Thomas Appleby and my Tennant the Blacksmith of Barron in the County of Lincoln to Thomas Horneby Nicholas Bates widdow Brampton and William ?Douse of ?Lehesby in the said County of Lincolne And to all and every my other Tennants in the said Leggesby and in South fferreby in the said County of Lincolne whose respective Rents for the lands they doe hold of me doe not severally amount to about Tenn pounds per Annum All their Rents then in arreare

ITEM I give unto the Right Honourable George Lord Eure^[6] Richard Bet?inson of Hatton Garden in the parish of S:t Andrewes in Holborne in the County of Middlesex Esquire Vincent ?Amcots^[7] of ?Netlam in the County of Lincolne Esquire and George Evelin of Hunterscombe in the parish of Burnham in the Ciounty of Buckingham squire their heires and assignes for ever To the onely use and behoofe of them their heires and assignes for ever upon such trust and confidence notwithstanding and to such intents and purposes as are herein and hereby hereafter menconned expressed and declared. All that my Manno:r or Lordshipp of Leggersby aforesaid with the rights members and aoourtenancfes thereof All my lands Tenements and hereditaments whatsoever in the said Leggersby Bleasby Markett Rasin South fferreby barrow Killingholme Kerrington North Kelsey Glamford Briggs Wrawby Messingham Gainsborough Horncasth ffullesby Ulceby and West Ashby in the said County of Lincolne And in Beverley in the County of Yorke (That is to say) To the intent and purpose That the said George Lord Eure Richard Betinson Richard Amcots and George Evelin the Survivo:rs and Survivo:r of them their heires and assignes shall in convenient tyme after my decease by good conveyance and assurance in the Law as shalbe advysed by the Councell learned in the Lawes settle my Tythes of Markett=Rasin aforesaid ffor the Maintenance of a Minister to Preach a weekly sermon every Lords day in the Afternone for ever in the Parish
Church

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CHURCH of Markett Rasin And alsoe shall be like conveyance and assureance shall settle my Tythe Beans and Peas in Barrow aforesaid for the maintenance of a Minister to preach a sermon weekly every Lords day in the afternone for ever in the Parish Church of the said Barrow. And alsoe shall be the like conveyance and assureance settle the Tythe hay in Bleasby in the Parish of Leggesby aforesaid for the maintenance of a Minister for to Preach a weekly sermon every Lordsday in the afternoon for ever in the Parish Church of XX Leggesby. And alsoe shall in convenient tyme next after my decease out of the rents issues and Proffitts ariseing from the land and premisses hereby devised to them Build our ?faXX schoolehouse with a dwelling house of Bricke To be for ever for the Master and Usher of the said Schoole for the tyme being to dwell in upon some part of my Close called ?Townnsend Closes in the Parish of Wrawby aforesaid which art neare adjoyneing to the Markett Town of Glamford Briggs aforesaid And shall endow the said Intended school with all the remainder of the said ?Closes And with all my lands Tenements and hereditaments which I purchased of one Hutchinson and of Beniamin Dennys lyeing in Horncastle and West Ashby aforesaid with all my lands Tenements and hereditaments in Ulceby aforesaid And with one full Moiety the whole in Two parts To be devided of my land & Tenements and hereditaments in ?ffcullesby or elsewhere which I purchased of Nicholas ?Cressey gent on The said moiety of my land in Fullesby or elsewhere purchased of the said Nicholas Creassey the remainder of the said Townsend Closes and my aforesaid lands Tenements and hereditaments in horncastle and west Ashby to be for the maintenance of the Master of the said Schools for the tyme being The said lands Tenements and hereditaments in Ulceby aforesaid to be for the perpetuall maintenance of the usher of the said schoole The said howse and schoolhouse being alwayes ffirst kept in repair by my said Trustees their heires and successors out of the rents issues and proffitts of the said lands tenements and heresitaments hereby appointed to be setled upon the said Master and Usher of the said untended schoole

IN WHICH scheoole my mind and will is That all the children of the inhabitants of Glamford Briggs wraby Messingham North Kelsey Leggesby Ulceby ?ffullesby and West Ashby aforesaid and of Stalby Castrup and Broughton in the said County of Lincolne ahalbe taught the Lattine Greeke and Hebrew languadges To write alsoe and Arithmaticke And shall have their learning gratis And all other children whose parents Governo:rs or Overseers shall send them thither from any other plcaes shall be taught to read write & Arithmaticke without paying any thing to any person for their teaching or instruction And shall settle the other moiety the whole in Two parts to be devided as aforesaid of my above mentionned lands in ffXrllesby or elsewhere purchased as aforesaid for providing lodgings diet Cloathes and Bookes for soe many poore Boyes as the yearly revenue thereof shalbe able to maintayne And shall dispose of and maintayne them in the said intended schoole soe long as they shall see fitt for them there to be and remaine At least soe long as they shall have learned To read write and have attained good skill in Arithmaticke And soe from tyme to tyme to remove them And supply their places by such others as they shall thinke fitt from tyme to tyme to succeed them And my will and mind is that Twice every yeare (viz:t) in the second weeke of the Moneth of Aprill And in the second weeke in the Moneth of October every yeare after the building and endowing of the said intended Schoole The said Lord Eure Richard Bettinson Vincent A,cots and George Eveling my above menconned Tristees their heires and successors one or more of them shall meete
att

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ATT THE SAID schole or in their absence procure some one or more authorized under their hands To cause the Schollers to be examined before them by such ?Posers as they shall appoint concerning their improvement in the said said Languages and other learning as abovesaid And take care for the upholding and repaireing the buildings by the revenues and proffitts aforesaid And for the due ordering and governeing of the said schools and the revenues thereof according to emergencies as ?case shall require I doe declare that my mind and will is That no Master shall continue Master of that schoole after he be of the age of fforty and ffive yeares But when any such Master shall attaine that age a new one shall be chosen and made Master of the said School in his place And the other shalbe removed by my Trustees their heires and successors or the major number of them

AND my mind and will is that the poore Boyes before mencconed to be maintayned and Provided for with lodgings diet Cloathes and Bookes out of the Moiety of my lands in ffullesby and elsewhere aforemenconned shall all alwayes be chosen out of Loggesby and ffullesby aforesaid and noe other places whatsoever

AND for defraying the Charges of my Trustees and their successors and the examiners of the Schollars in the said Schoole att the tyme before menconned for their meetings for that purpose I doe give the lease of my house in Gainsbrough for which I pay yearly to S.r William ?Hickman Baronett ffower ?poun yearly And whereof their is Nyne hundred yeares and upwards yet to come and unexpired To be setled accordingly by myne Executo:rs

AND my mind and will is That the said Lord Eure Richard Betinson Vincent Amcots and George Evelin The surivor:r and survivo:rs of them their heires and assignes shall imediatly after my decease by good conveyance and assureance in the law as shalbe advised by Councell learned in the Lawe settle upon my Nephew Goddard Nelthorpe of Clerkenwell in the County of Middlesex All my said Manno:r and Lordshipp of Leggesby aforesaid with the rights members and appurtenances thereof And all my lands Tenemn:ts and hereditaments except what are hereby otheriwse diposed of in the said Leggesby and in Bleasby South ffereby Barrow Killingholme Kerington North Kelsey Glamford Briggs Messingham Gainsbrough and Beverley aforesaid for and dureing the terme of his naturall life And from and after his decease Then upon the ffirst sonne of the body of the said Goddard Nelthorpe lawfully begotten and to be begotten And the heires males of the body of such sonne And for default of such issue Then upon the second sonne of the body of the said Goddard Nelthorpe And the heires male of the body of such second sonne And for default of such issue upon tzhe Third ffourth ffifth Sixth Seaventh Eigth Nyneth Tenth and all and every such sonne and sonnes of the body of the said Goddard Melthorpe lawfully to be begotten severally successive4ly and respectivley as thex and every of them shalbe, in Priority of birth and seniority of Age and the heires Male of the bodyes of all and every such sonne and sonnes The elder of the said sonnes and the heires male of his body being alwayes p:rferred before the younger of the same sonnes and the heires Male of his body And for defualt of such issue upon such woman as shalbe wife of the saod Goddard Nelthorpe at the tyme of his death shalbe enseint or with child untill she shall be delivered or dye which shall first happen in trust for such child or Children And from and after the death of such wife or delivery whither??former shall first happen Then in case shee shalbe delivered of a sonne or sonnes Then upon such afterborne sonnes one after another as they shalbe in Priority of birth And the severall and respective heires Male of his and
their

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THEIR SEVERALL bodyes the Elder and the heires Male of his body to be preferred before the younger and the heires Male of his body

And for default of such issze Then upon the abovemenconned George Lord Eure fir and dureing the terme of his naturall life And from and after his decease Then upon the ffirst sonne of the body of the said George Lord Eure lawfully begotten and to be begotten And the heroes male of the body of such sonne And for default of such issue then upon the second sonne of the body of the said George Lord Eure And the heries male of the body of such second sonne And for default of such issue upon the Third ffourth ffifth Sixth Seaventh Eighth Nynth Tenth and all and every such sonne and sonnes of the bods of the said George Lord Eure lawfully begotten severally successively and respectively as they and every of them shalbe in priority of birth and seniority if age And the heires Male of his body And for default of such issue Then upon such woman as shalbe the wife of the said george Lord Eure att the tyme of his death and shall be enseint or with Child untill shee shalbe delivered or dye which shall ffirst happen in trust for such child or children And from and after the death of such wofe or delivery whithersoever shall first happen Then in case shee shalbe delivered of a sonne or sonnes Then upon such afterborne sonnes one after another as they shall be in priority of birth and the severall and respective heires Males of his and their severall bodyes The elder and the hwires Male of his body to be preferred before the younger and the heires Male of his body to be preferred before the younger and the heires Male of his body And for default of such issue Then my mind and will is that the said George Lord Eure Richard Betinson Vincent Amcots and George Evelin the Survivo:r and Survivo:rs of them their heires and assignes shall out of the next imediate ariseing revenue erect and build school houses in such Markett townes in Lindsey in Lincolneshire as have none And shall endow them soe erected with soe much and such parts of the said Lands as they shall thinke fitt wherein all Children that shall be willing to learne shalbe taught to read write and Arithmaticke And shall settle the remainder of the said Lands wherewith the said Schooldes shall not be endowed for providing diet Cloathes and lodging for soe many poore children as the same shalbe found able to maintayne which shall from tyme to tyme be placed maintayned and ??visited there and thence removed att the will and pleasure of such as shalbe appointed successor Governors by the said Lord Eure Richard Betinson Vincent Amcots and George Evelin the Survivo:r and Survivo:rs of them their heires and assignes wherein I desire That care may be taken for a Competent Annuall provision of money for the entertainement and defraying the other necessary Charges of the visito:rs of the said intended schooles att what tymes they shall appoint for visitting of them

ITEM I give into my Nephew M:r Goddard Nelthorpe my house in Charterhouse yard which I purchased of M:r ffranke and Joyned his name with my owne in the conveyance But onely in trust for me and my heires I paying all the purchase money att my owne charge TO HAVE AND TO HOLD to him and his heires hee payingg ffivbe hundred pounds to his sister M:rs Elizabeth Rogers by one hundred pounds per Annum till the whole ffive hundred pounds be paid

ITEM I give into the Children of my Newphew M:r Richard ?Wandricke to be equally devided amongst them ffoure hundred pounds to be put forth for their uses And their severall proportcons Together with the product and benefitt thereof to be paid to them at their ages of Eyghteene yeares or dayes of Marriage which shall ffirst happen

ITEM I give unto John Nelthorpe Eldest sonne of my Nephew M:r John
Nelthorpe

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NELTHORPE one hundred pounds to be put out by myne Executo:rs for his use till hee com to the age of ffowre and Twenty yeares or be married which shall ffirst happen and then it and the nenefitt of it to be paid to him

ITEM I give into my servant John Gibbs my Chambers in Stanhops buildings in Grayes Inne which ar taken in M:r Stapletons name in trust for me And I desire M:r Stapleton will assigne them over to him imediatly after my decease I alsoe give him fforty pounds per Annum for Seaven yeares next ensuieng my decease to maintaine him in the Studdy of the Law till he be fitt for practice I alsoe give him fforty pounds to buy him bookes for his study I give him the Tables Bedstedd and other furniture now in my said Chambers And Tenn pounds to buy him Bedd and Bedding and other necessaries All the said moneyes to be paid to him by myne Executo:rs as they shall from tyme to tyme grow due upon whose indeavours may my prayers be acceptable to the God and father of al mercies for a blessing upon them

ITEM I give to my Laundresse M:rs ?Broxholine Twenty pounds And doe acquitt M:r Burton of Woolverhampton of the money he oweth to me

ITEM I give to my Neece martha Redmaine one hundred pounds To be paid to her within one Moneth after my decease

ITEM that my kindnes may not goe downe with me to the grave without leaveing an impress thereof upon that vertuous Lady M:rs Mary Langham daughter of S:r James Langham Knight I give unto her my Table dyamond Ring My Gold watch my knife with the Agatt haft sett with dyamonds and a Jewell of ffive hundred pounds to be p:rpared and p:rsented to her by myne Executo:rs with this motto inamelled on the Backside of it (LOVES PARAPHRASE) which I humbly pray her to accept and ware as she shall see occasion in memory of him who truly loved her I alsoe give her the One and Thirty Angells which were given me by my ffather to be p:rsented by his direttion to her that should be my wife And what other Gold shalbe in the purse within at the tyme of my decease

ITEM I give the Ring of Tenn pounds devised to mee by S:r Edward Rossiter deceased to his daughter M:rs mary Rosseter

ITEM I give into M:r Edward Corbett sonne of Doctor Edward Corbett my deceased ffreind the Agatt Cup which the said Doctor gave me for a Legacie by his last will

ITEM I give unto my above menconned ffrends The Lord Eure Richard Betinson Vincent Amcots and George Evelin To each of them one hundred pounds Consideracon of the trouble I herby put upon them by this my last will in confidence That they will discharge the said Trust

ITEM I give to him that is my Coachman att the tyme of my death ffive pounds

ITEM I give unto the said Town of Leggesby ffive pounds a yeare for ever To be bought and setled by myne Executo:rs upon the poore within one yeare after my decease

All the rest of my goods and Chattels formerly not disposed of (my debts and funerall charges ffirst discharged) I give unto my afore menconned ever honoured ffreind Georhe Lord Eure whom I hereby make Executo:r of this my last will and Testament hreby revoaking all former wills and Testaments

IN WITNES whereof I have sett my hand and seale to the last of these Two sheets XXXXX writings to the former of them the day and yeare ffirst above written

JOHN NELTHORPE

Signed Sealed and Published to be the last will and Testament
of

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OF S:R JOHN NELTHORPE Baronet within menconned by him the said S:r John Nelthorpe in the oresence of ffrancis ?Glisson John ffreeman John Bayly The marke of Katherine Bell

MEMORANDUM by this Codicill I doe alter the payment of the legacy of ffive hundred pounds from one hundred pounds per annum for seaven yeares To my Neece Rogers To be paid by ffifty pounds a yeare and soe to be finished in Ten yeares tyme I doe alsoe revoake the Twenty pounds Legacie to M:rs Broxholme and doe give her but Tenn pounds for a legacy

Signed declared and ?New (Or, ?now) Published by the said S:r John Nelthorpe to be his last will and Testament the Thirteenth day of September

JOHN NELTHORPE

In the p:rsence of ffrancis Glisson John ffreeman John Bayly The Marke of Katherine Bell

PROBATUM FUIT Testamentum suprascriptum unacum Codiclle eidem annex apud adas XXXX

Notes

Possible primary sources

TNA

C 6/115/50 Short title: Emerson v Dalton. Plaintiffs: Alexander Emerson. Defendants: John Dalton, Edward Nelthorpe, Anthony Hall and Thomas Empringham. Subject: property in Barton-upon-Humber, Lincolnshire. Document type: bill, answer. 1652
C 6/168/52 Short title: Falding v Nelthorpe. Plaintiffs: John Falding. Defendants: Edward Nelthorpe, John Nelthorpe, Edward Wobson and William Wobson. Subject: property in Barton (unidentified). Document type: answer only. 1664
C 6/179/8 Short title: Faulding v Nelthorp. Plaintiffs: John Faulding. Defendants: Edward Nelthorp, John Nelthorp, George Healey, John Nelthorp and William Dobson. Subject: property in Barton-upon-Humber, Lincolnshire. Document type: bill, two answers, replication. 1663
C 6/188/87 Short title: Nelthorpe v Lord Eure. Plaintiffs: Sir Goddard Nelthorpe baronet. Defendants: George Eure Lord Eure, Richard Bettinson, Vincent Amcotts and George Evelyn. Subject: personal estate of the deceased Sir John Nelthorpe baronet, of Yorkshire. Document type: bill, answer. 1670

C 22/62/9 Emerson v. Nelthorpe. Between 1558 and 1714
C 22/62/24 Emerson v. Nelthorpe. Between 1558 and 1714
C 22/626/30 Emerson v. Nelthorp. Between 1558 and 1714
C 22/627/7 Emmerson v. Nelthorpe. Between 1558 and 1714
C 22/627/25 Emmerson v. Nelthorpe. Between 1558 and 1714

E 134/1649/Mich7 John Nelthorpe v. George Marris: Farm in Barrow called Grandsire farm lately belonging to Richd. Nelthorpe (plaintiff's father). Metes and bounds. Alleged encroachment on farm.: Lincoln 1649

PROB 11/183 Coventry 54-116 Will of Richard Nelthorpe, Gentleman of Stamford Bridge, Lincolnshire 28 May 1640
PROB 11/316 Hyde 1-56 Will of Ralph Eure of Washingborough, Lincolnshire 14 March 1665
PROB 11/331 Coke 198-166 Will of Sir John Nelthorpe of Grays Inn, Middlesex 05 October 1669
PROB 11/331 Coke 108-166 Sentence of John Nelthorpe of Clements Inn, Middlesex 12 October 1669
PROB 11/340 Eure 108-157 Will of The Right Honorable George Baron Eure of Easby, Yorkshire 25 October 1672
PROB 11/381 Cann 108-165 Will of James Nelthorpe, Merchant of London 02 October 1685
PROB 11/384 Lloyd 91-135 Will of Vincent Amcotts of Harrington, Lincolnshire 02 August 1686
PROB 11/411 Fann 147-194 Will of Susanna Nelthorpe or Nelthorp, Widow 08 September 1692
PROB 11/444 Lort 45-91 Will of John Nelthorpe of Aleppo 12 February 1698
PROB 11/476 Ash 89-131 Will of Sir Goddard Nelthorp or Nelthorpe of Clerkenwell, Middlesex 11 May 1704
PROB 11/489 Eedes 133-181 Will of Richard Nelthorpe of Scawby, Lincolnshire 13 March 1707

1. ↑ 'Nelthorpe of Scawby' in A.R. Maddison (ed.), Lincolnshire pedigrees, vol. 2 (London, 1902), pp. 702-704 A footnote to the pedigree states that the pedigree as printed was from a copy made of an older document, and that that document was now untraceable
2. ↑ PROB 11/331 Coke 198-166 Will of Sir John Nelthorpe of Grays Inn, Middlesex 05 October 1669
3. ↑ 'Nelthorpe of Scawby' in A.R. Maddison (ed.), Lincolnshire pedigrees, vol. 2 (London, 1902), pp. 702-704; PROB 11/476 Ash 89-131 Will of Sir Goddard Nelthorp or Nelthorpe of Clerkenwell, Middlesex 11 May 1704; PROB 11/381 Cann 108-165 Will of James Nelthorpe, Merchant of London 02 October 1685
4. ↑ Lincolnshire Archive: Nelthorpe [NEL I - NEL V]: Copy of a will. NEL IV/21/1 Dated 26th December, 1684
5. ↑ PROB 11/444 Lort 45-91 Will of John Nelthorpe of Aleppo 12 February 1698
6. ↑ The Right Honourable George Lord Eure, Sir John Nelthorpe's friend and executor probably died ca. 1672, just two or three years after Sir John. See PROB 11/340 Eure 108-157 Will of The Right Honorable George Baron Eure of Easby, Yorkshire 25 October 1672
7. ↑ Vincent Amcotts probably died ca. 1686. See PROB 11/384 Lloyd 91-135 Will of Vincent Amcotts of Harrington, Lincolnshire 02 August 1686