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Colne Priory Manor Court Rolls (ERO D/DPr21)

19.2.1606 (Wednesday 19 February 1606)

document 33101029

whereas at a view with court here held the monday after holy trinity 2.6.4Edw6 Thos Leffingwell was admitted tenant of the lord for himself and the male heirs of his body legitimately procreated to one tenement and eleven crofts of land and a garden containing by estimation about 23a2r called Clarkes in the said Colne as divided and shown by the metes and bounds as by a roll of this court here in court clearly shown and appears and whereas at a court here held saturday being 3.11.1604 it was presented by the homage that the said Thos Leffingwell by cutting down six oak bollings growing upon the said land without the lord's licence one of which was made into timbering therefore there was a precept to Guy Groome bailiff and servant of this court that he should seize into the hands of the lord the said tenement and eleven crofts of land with one garden containing by estimation 23a of land with appurtenances called Clarkes late of the said Thos Leffingwell because he made forfeiture by cutting down the said oak bollings without the lord's licence who the same said Guy Groome at that time the court sitting carried out in full the order and precept and afterwards in the same court the lord granted out of his hands the said tenements and lands with appurtenances to Thos Harlakenden and his heirs forever who the same said Thos was admitted thereof tenant as by a roll of the same said court was clearly shown now to this court came the said Thos Harlakenden in person in full court and surrendered into the hands of the lord by the hands of the said steward all and singular the premises with all and singular their appurtenances to the use and behoof of Robt Leffingwell and his heirs furthermore also at this court it is shown by the homage that the said Thos Leffingwell continued in his possession notwithstanding the above mentioned seizure and the above mentioned and admission and that the aforesaid Thos Leffingwell after the last court and before this court died and before his death lying in extremis surrendered into the hands of the lord by the hands of Wm Catt instead of the bailiff in the presence of Robt Rookes and Edw Clement two customary tenants of this manor the same testifying the said tenement and other his premises with their appurtenances to the use and behoof of his last will the tenor of which in these following english words item I give and bequeath unto my son Wm Leffingwell two crofts of land or parcels of ground commonly called or known by the name of Ten Acres even as they are set lying and being in Earls Colne aforesaid which are next adjoining to the king's highway leading down to Stone Bridge whereof the one part abutteth upon the ground called Pichards moreover I give unto my son Wm other two parcels or crofts of land called Readings abutting the one head thereof upon the land called The Hayehouse to him and his heirs forever provided also and be it upon this condition that the said Wm Leffingwell his heirs executors or administrators shall and will satisfy content and pay or cause to be paid unto Joan Leffingwell my wife the sum of 3li6s8d every year yearly during the term of her natural life the same to be paid quarterly that is to say at four terms or times in the year by even and equal portions and if there be default of payment in part or in all of the sum of 3li6s8d according to the true meaning and intent that then it shall and may be lawful for Joan Leffingwell to have hold and enjoy and to enter upon the said crofts or parcels of land with appurtenances during the term of her natural life item I give and bequeath unto my son Jn Leffingwell all that part of my house which I now dwell in that is to say from the entry towards Halstead that is to say the hall and the two chambers and the cellars and the entry reserving unto my said wife Joan her dwelling in the said tenement during the term of her natural life also I give unto my said son Jn Leffingwell all five crofts or parcels of land on the backside of my house abutting upon Catts Crofts and one other croft called Stonebridge to him and to his heirs forever upon this condition that the said Jn Leffingwell shall pay or cause to be paid unto my said wife Joan the sum of 3li6s8d of good and lawful money of England at four times or terms of the year by equal portions and if default be made in part or in all according to true meaning that then it shall be lawful for my said wife Joan to enter and enjoy the premises and parcels of land during the term of her natural life item I give and bequeath unto my daughter Ann Leffingwell and to her heirs forever all that other part of my said tenement from the entry towards Colne church with parcel of the yard leading to the pond with the said parcel of the house and a certain parcel of ground called Katescroft containing 6a more or less and to her heirs forever illegible text also that my said daughter Ann shall pay unto her mother Joan the sum of 40s the year during the time of the natural life of the said Joan moreover I give unto my son Jn Leffingwell and to his heirs forever one half of the barn that is to say the end from the stable unto the illegible text the other half of the barn I give unto my said daughter Ann Leffingwell as by the will of the said Thos Leffingwell in writing shown in court it is clearly shown and appears bearing the date 6.1.1606 furthermore at this court it is shown by the homage that the aforesaid Thos Leffingwell before his death had legitimate issue and that illegible text Leffingwell is his son and heir apparent and that the aforesaid Nich Leffingwell during the life of Thos Leffingwell his father had legitimate issue and that Robt Leffingwell is his son and heir apparent of the said Nich who the same said Robt present in court by Wm Tyffin his counsel sought admittance to the said premises and that the said surrender made by the aforesaid Thos Leffingwell should be void and have no force in law because the said tenement and other premises called Clarkes should be counted as entailed illegible text for the said Thos Leffingwell and his male heirs as shown above and according to the custom of this manor it is inevitable he should have and recover in this court of the said lands and the other surrender is void and the aforesaid Wm Joan and Ann Leffingwell by Wm Berife their counsel also sought admittance to the premises according to the form and effect of the last will of the said Thos Leffingwell they allege that the said surrender is established and sufficient in law and by the custom of this manor a man is commonly allowed seised of lands and tenements of this manor in fee tail without any recovery thereof obtained to alienate or dispose of his entailed lands and tenements at his free will by such a surrender according to the precept to this manor and because there was doubt by the court what was in this matter the custom of this manor concerning and in the premises therefore the rolls of this court were to be examined and the said parties placed themselves upon the homage of this court who being sworn and charged concerning the premises went away from the court and in the afternoon of this same day returned and at length by examining the rolls as evidence it would appear to the court by the true word of the homage that the above mentioned surrender made by Thos Leffingwell to the use and behoof of his last will should be void and of no force in law because the said homage upon their oath allow that by the custom of this manor no man seised of lands and tenements of this manor of any estate in fee tail is allowed to alienate or dispose of the tenements in fee after his death by any kind of surrender or recovery here had and obtained in court and therefore at this court the lord by his steward granted to the aforesaid Robt Leffingwell seisin to have for himself and the male heirs of his body legitimately procreated to hold from the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services thereunto belonging and by right accustomed and he gave to the lord for a fine as is shown in the margin     and made fealty to the lord and was admitted thereof tenant