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Colne Priory Manor Court Rolls (ERO D/DPr21)

22.3.1611 (Friday 22 March 1611)

document 33400618

to this court came Wm Jollie son and heir of Jn Jollie now deceased who was son and heir of Robt Jollie also deceased and by Rich Barnarde his deputy placed his claim to certain lands called Little Sandehills held by a roll of court of this manor alleging that a certain surrender made by Robt Jollie uncle (grandfather) of the said Wm to his use and behoof during his lifetime by which he demised the premises to the use and behoof of Agnes his wife and after their decease to the use and behoof of the said Jn Jollie for his lifetime and after his decease the remainder thereof to Robt Jollie and Wm Jollie the other two sons of the said Robt deceased is void and of no force in law because he said that the abovementioned surrender was made out of court and not according to the custom of the aforesaid manor that it was not made in the presence of two customary tenants of this manor but only into the hands of Jn Churche in place of the bailiff and others the same testifying not by express representation as is the custom of this manor and upon this the court roll was examined and the evidence concerning the aforesaid surrender was presented and because both by the evidence by which the aforesaid surrender was presented and by the oaths of the said Jn Churche and Rich Parker who were the tenants into whose hands the surrender of the land was made it appears that the aforesaid surrender was made in the pledged manner according to the custom of the manor and therefore it was shown by the homage of this court concerning the premises that the said surrender was true and legitimate and according to the custom of the manor and that Rich Jollie son and heir of Wm Jolly by the strength of the testament and aforesaid surrender should have the right to have the premises but because the aforesaid Rich Jollie did not have the money to pay to the lord his fine arrears rents and other accounts and payments of the court and because the verdict of the court which was against the conscience to disinherit the said Wm Jollie and because the desire was that there should be final peace between the said Wm and Rich agreement was made with the consent of Marian Jollie mother of the said Wm and with the consent of Wm Langeforde friend of the said Rich and with the consent of the lord and the steward and the whole homage of this manor that Thos Harlakenden should pay to the lord the fine of the said Rich for his admission to the premises and the illegible text of the land of the said Rich held of Earls Colne viz 12li and fees to the steward and all other payments to the court and also 21s to the said Wm Langeforde who was paid in court and also to pay 5li to the said Wm Jolly for his title to the premises and that the aforesaid Wm Jolly should place his security with the aforesaid Thos Harlakinden upon the said payment of 5li so that when the said Wm reaches his full age he should surrender all his title and estate of and in the premises to the use and behoof of Rich and his heirs and the said Thos Harlakinden in consideration of the premises should have the rents owed for the said lands at the feast of the annunciation next following and also should hold the aforesaid lands until the feast of michaelmas which will be 29.9.1614 to his proper use and behoof provided also and always that if the aforesaid Rich should die before giving satisfaction to the lord and fee to the steward and arrears of the said rent and the said sum of 21s payment to the said Wm Langeforde and the profits and revenues of all the premises that then the said Thos Harlakinden by payment of the said 5li to the said Wm should be released and the said Wm Jolly should no longer hold to the release of his right in the premises to the aforesaid Rich Jollie and his heirs but that the said Thos Harlakinden or his assigns should redeliver to the aforesaid Wm Jolly or his heirs all copies and evidence concerning the premises which the aforesaid Thos Harlakinden has in his hands viz four copies of court rolls of the manor of Earls Colne and Colne Priory and furthermore it is agreed that the aforesaid Wm Jollie will have free choice until the next court to be held here either to take the said 5li or to pursue his case for establishing his title