According to Eliott-Drake (1911), he was the eldest son of Andrew Pollexfen (a younger grandson of John Pollexfen of Kitley in the parish of
Yealmpton in Devon[1]) of Stancombe Dawney in the parish of
Sherford,[2]Devon, by his wife, Joan Woollcombe, a daughter of John Woollcombe of Pitton in the parish of
Yealmpton in Devon. Henry was the elder brother of
John Pollexfen, MP, the
political economist. This parentage differs from that given in the pedigree in the Heraldic Visitations of Devon (1895 edition),[3] which therefore appears unreliable.
He entered
Inner Temple in 1652, was called to the bar in 1658 and by 1662 he was pleading before the high courts at
Westminster Hall. In 1674 he became a bencher at Inner Temple, and was the leading practitioner on the western circuit, frequently pleading at the
King's Bench. In 1676 he defended
Stockbridge, Hampshire on a Quo warranto charge, which he lost. He frequently acted as counsel in various politically charged cases, and regularly lost; clients included the lords involved in the
Popish Plot, the
Earl of Danby and as one of many counsel for
Edward Fitzharris,
Stephen College and
Algernon Sidney, all of whom were later executed.
Along with
Sir George Treby and
Sir Francis Winnington he defended
London on a second Quo warranto charge in 1683, arguing that Corporations could not be charged for the wrongdoing of individuals. He lost, and in 1684 was asked to take a similar case for
Berwick-upon-Tweed, this time advising surrender.
In 1688 he was made a justice, and advised the
House of Lords on the legality of Quo warranto seizures. After
William III arrived in 1688 he was a close advisor, and helped persuade him to declare himself King, arguing that the throne was vacant due to
James fleeing, saying James 'went away because the terror of his own conscience frighted him and he durst stay no longer'.[4]
In 1664, aged 32, he married Mary Duncombe, a daughter of George Duncombe (d.1677) of Weston in the parish of Albury[5][6] and of Shalford in Surrey, and sister of
Sir Francis Duncombe, 1st Baronet (died 1670) of Tangley Park in Surrey,[7] by whom he had issue one son (who died childless) and four daughters as follows:[8]
Henry Pollexfen (d.1732), of Nutwell, son and heir, who married Gertrude Drake (1669-1729), a daughter of
Sir Francis Drake, 3rd Baronet (1642-1718) of
Buckland Monachorum in Devon, by his first wife Dorothy Bampfylde, a daughter of
Sir John Bampfylde, 1st Baronet[9] of
Poltimore, Devon. He died childless, leaving his four sisters as his co-heiresses. Nutwell eventually passed to the Drake family, through his sister Elizabeth Pollexfen.
Mary Pollexfen (d.1722), who married John Buller (1668–1701) of Keverell in Cornwall, a
member of parliament for Lostwithiel in Cornwall in 1701,[10] only son and heir apparent of
John Buller (1632–1716), MP, of
Morval and of Shillingham near
Saltash, both in Cornwall.
Anne Pollexfen, who married George Duncombe of Shephill in Surrey, her mother's great-nephew;[11]
Jane Pollexfen, who married Capt. Francis Drake (1668-1729), Royal Navy (first cousin of the 3rd Baronet), whose monument survives in St Andrew's Church in Plymouth.[12]
Death
After serving as Chief Justice for two years Pollexfen died of a burst blood vessel at his home in
Lincoln's Inn Fields on 15 June 1691.
Sources
Crossette, J.S., biography of Pollexfen, Henry (c.1632-91), of Woodbury, Devon and Lincoln's Inn Fields, London, published in
History of Parliament: the House of Commons 1660–1690, ed. B.D. Henning, 1983
[3]
^Vivian, p.303; " In the church of St. Andrew, Plymouth, is a mural monument for Francis Drake, Esq., Capt., R.N., who died 26th Dec. 1729, aged 61, and his sister Prudence Savery, (Vivian, p.303) widow, who died 22 Nov. 1737, aged 90. Arms, Sa. on a fesse wavy betw. two estoiles arg., a crescent gu. (Drake) impaling, quarterly arg. and az. in the first and fourth a lion ramp. gu. (Pollexfen) Crest as in Cook's grant."
[2] (i.e. crest granted to Admiral Sir Francis Drake)