Person:John Maby (7)

Two families

It is quite possible that the village of Ditcheat contained two people called John Maby who had children around the same time and some of the children listed here are actually children of the second John Maby. Evidence in support of this theory include:

1. There are two John Mabys, children of John Maby, christened in 1661 and 1663; this often happened if the first one dies in the meantime. Whilst there is a death recorded in 1664, this is after the second birth.

2. There is a death recorded of Alice, "wife of John Maby", in 1671. However, the will below states that the wife of John was called Joane. There is no record of an Alice marrying a John Maby.

3. There are two Marys, although this may be due to a missing burial record if the first died before the second was born.

The will below confirms that John, Ralph, Jonas and Joane are all children of John; James' will confirms that he was part of the same family. This leaves one or more of Ann or Alice (who both died young) plus the surviving Mary as possible children of John and Alice.

In addition, there was a John Maby who married Elizabeth Cole 1 Jun 1634 and they had a daughter Katherne christened 8 Dec 1640. There is a John Maby buried in Ditcheat 1 Nov 1648 and there is an Elizabeth Mabey (widow) buried 21 May 1671 in Isle Abbots, 25m SW of Ditcheat but only 5m SW of Curry Rivel, who could be Elizabeth nee Cole.

Will

The will of John Maby, Yeoman of Ditcheat, names a large number of relatives, as follows:

1. his wife, Joane Maby
2. his son John, and his children John and Ralph
3. his son Ralph, his wife Joane and their children John, Ralph, James and Jonas
4. his son Jonas
5. his daughter Joane Millard, her husband Thomas Millard and their children John, Joane, Anne and James Millard

Much of the copy is difficult to read, but a transcription below follows using the original spellings. Paragraph layout has been added to aid comprehension.

In the Name of God Amen

I John Maby the ... of Ditcheat in the County of Somerset's domain being in good health of body and of sound and perfect mind and memory praise be therefore given to Almighty God … made and ordained this my last Will and Testament in manner and forme following That is to say

First and principally I commend my soul into the hands of Almighty God hopeing thro the … death and passion of my Saviour Jesus Christ to have full and free pardon and forgiveness of all my sinns and to inherit everlasting life. And my body I return it to the Earth to be decently buryed at the discretion of my Executor hereafter named And as tourning the disposition of all such temporall estate as it hath pleased Almighty God to bestow me I doe give devise and bequeath as followeth.

First I will that my debts and funerall expenses shall be paid and discharged.

Second I doe give and bequeath unto my dear wife Joane Maby the summe of two hundred pounds of lawfull money of England to be paid by my Executor in one yeare after my Decease and two hundred pounds more of … lawfull money to be paid in two years after my Decease and in the meanetime to be at the dispose of my said wife Joan and alsoe my household goods to have it presently after my Decease.

Third I doe give and bequeath unto my Sonn John Maby the summe of sixty pounds of lawfull money of England to be paid in twelve monethes after my Decease I doe alsoe give unto my said sonn John one Close called … mentioned lying next Door to the hill ..ing the forme of the … life

Fourth I doe give and bequeath unto my Grandson John Maby Sonn to my said Sonn John the summe of thirty pounds of lawful money of England to be paid in twelve monethes after my Decease.

Five I doe give trust and bequeath unto my Sonn John his Sonn Ralph ….. two houses lying in Ditcheat aforesaid with the Orchard unto them belonging when it shall happen to fall into hand and the … formerly belonging unto the said houses to him the said Ralph immediately after my Decease alsoe one acre of arrable Land lying at … belonging to the said … in times past when it shall fall into hand and one of her Close …. be after the Decease of his father John Maby To hold the said Lands unto the said Ralph Maby to him and his heirs for evermore.

I doe give and divest to my Sonn Ralph Maby dureing the forme of his naturall life all my Estate that was formerly Rideouts with one acre of Lands lying in … and alsoe two acres of pasture lying at Postridgs may be the same more or lesse and formerly in the possession of Thomas Ruddort now if it shall please God that my said Sonn Ralph shall happen to dye before Joane his now wife I doe give all the above said Lands belonging to my Sonn Ralph to his said wife Joane dureing her naturall life in way of a …

I doe give and bequeath unto my said Sonn Ralph the summe of forty pounds of lawful English money to be paid by my Executor in two years after my decease. I doe give unto my Sonn Ralph his due after Joane the summe of forty pounds to be paid in three years after my decease. Then I doe give and devise unto my Sonn Ralph his eldest Sonn John all that aforesaid Estate … Rideouts after the decease of the said Ralph his Father and Joane his mother to him the said John Maby the Sonn and his heires forevermore But my wish is that my Grandson John Maby shall pay unto his brother Ralph by the sum of forty pounds of lawfull English money in twelve monethes after that he shall be possessed of the said Estate And if … said Ralph shall happen to dye before the said forty pounds shall become payable then the said forty pounds to be equally divided betwixt the surviveing brothers and sisters Then I give and bequeath unto my Sonn Ralph after the Decease of the … Shephard the Land that was formerly her husbands John Shephard dureing his naturall life And after his decease I doe give and devise the said Lands unto James Maby Sonn of the said Ralph Maby for him and his heires forever I doe alsoe give unto my said Grandson James Maby my Longlease of an house and Garden lying in Allhampton formerly one Nicholas Smiths immediately after my decease Then I give and bequeath unto my Sonn Ralph his three Sonns James Ralph and Jonas four pounds each to be paid in a yeare and half after my decease and their Father's receipt to be the Executor's discharge and if either happen to dye the Longest Liven to have the whole. Then I doe give and devise unto my Sonn Ralph his Sonn Ralph an house and Orchard now with possession of Jonathan Loore after the terme of his Lease and two acres and half of Land formerly belonging to the said house which heretofore was Masons and one acre and half of arrable Land in Allhampton …. …. and half one acre in Broad Meade formerly Brises Land unto my said Grandson Ralph Maby and his heires forever. Then I doe give and bequeath unto my Sonn John Maby oen Close against … our acre in Broad Mead …. one acre in Eastfield part of Jonathan Jenings his Leasehold dureing the terme of the said Lease … I doe give unto my Sonn Ralph Maby out of the same Lease dureing the terme one acre of arrable Land at Milbury … and half an acre in Broad Mead. Then I doe give and bequeath unto my Sonn Ralph and my Sonn Jonas Maby the summe of one hundred pounds of lawfull money of England in trust for my daughter Joane Millard wife of Thomas Millard and to be laid out by them in a fee simple Estate for her and her heires forever in one yeare after my decease. And if an opportunity doth not happen in a years time then my Executor shall pay unto my said daughter interest for the said hundred pounds not exceeding five per cent till such time as her said Trustees shall procure for her such as Estate as aforesaid with her approbation and consent. And in case the said Joane shall dye before the disposall of the said moneys then the said moneyes to be equally divided between her children. Then I doe give unto my Sonn in Law Thomas Millard the summe of twenty shillings. Then I doe give unto my Grandson John Millard tenn pounds. I doe give unto my Granddaughter Joane Millard forty pounds. I doe give unto my Granddaughter Anne Millard forty pounds. And to my Grandson James Millard tenn pounds lawfull money of England all to be paid in two yeares after my decease and if either shall happen to dye then to be equally divided amongst the survivors. Then I doe give and devise unto my Grandson James Millard my Close of Pasture ground …. … Giffords to him and his heires forevermore. Then I doe give and bequeath unto my dear wife my Leasehold Estate lying and being in the parish of Mare dureing the terme of the said Lease and to dispose of the same at her Will and pleasure. Then I doe give devise and bequeath unto my Sonn Jonas Maby one acre and half of Land which was Brises lying under Stephen Symodys Lodge and one Close of Meadow formerly one Cooses to him and his heires forevermore I doe give unto my Sonn Jonas two acres against Keenway one acre in Broad mead the north end against way Close part of Jonathan Jenings his Lease and to hold it dureing the terme. Alsoe I doe give and bequeath unto my Sonn Jonas my long Lease of a pasture in ground called by the name of Goateham And alsoe give unto my Sonn Jonas the Mortgage of Thomas Jenings his Estate. Then I doe give unto the poor of the Parish of Dicheat the summe of forty shillings to be paid at the discretion of my Executors in a month after my Decease. Then I doe give and bequeath unto my Sonn John Maby three acres of pasture Land lying in Langford formerly part of Mr Gifford's his Estate dureing his naturall life immediately after my Decease Always provided that my said Sonn John shall suffer his brother Ralph Maby quietly to enjoy one acre of pasture Land lying in Allhampton Eastfield known by the name of hoserss and alsoe one acre more lying at or in Mellesham dureing the terme of his naturall life. Then I doe give and devise unto my Grandson James Maby Sonn to my said Sonn Ralph Maby the inheritance of the aforesaid acres of Land to him and his heires forever But if my said Sonn John and his heires shall not suffer my said Sonn Ralph for his life and my said Grandson James Maby dureing the terme as above said peaceably and quietly to enjoy the … then the above said three acres called Langford to revert unto the said Ralph Maby and James Maby as is before given and devised. Then I doe give and bequeath unto my Grandson James Maby one Close of pasture ground called Blandmore dureing the terme of the Lease …. if it shall happen that my Executors shall sustaine one hundred pounds less by reason of bad debts then the Legatees proportionably to allow each one his share. All the rest and residue of my personall Estate Goods and chattels whatsoever I doe give and bequeath unto my Sonn James Maby whom I do make my full and whole Executor of this my last Will and Testament. And I do hereby revoake disannul and make void all former Wills and Testaments by me heretofore made Witness my hand and seale this Seaventeenth day of February one thousand Seaven hunded. John Maby … his … signed sealed and published and declared in the presense of Tho. Cary Martha Cary John Yerbury his mark.

Hearth Tax

Three of his grandchildren - John, James and Joane - were born in Curry Mallet, some 25m SW of Ditcheat. In the Hearth Tax for Somerset, 1664-5, there is listed a John Maby in Curry Mallet who owed 5 shillings for each half year of the tax - the second highest assessment in the parish. It is possible this is the same John Maby. Unfortunately there are some pages missing for Catsack Hundred, including the details for Ditcheat parish.

1. ↑ ^1.0 1.1 England. Births and Christenings, 1538-1975. (FamilySearch, Ancestry.com, Findmypast).
2. ↑ Will proved 6 July 1704.