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Colne Priory Manor Court Rolls (ERO D/DPr21)

16.4.1623 (Wednesday 16 April 1623)

document 33800355

it is shown by the homage that Jn Middleton out of court and after the last court namely 27.9.1622 surrendered into the hands of the lord by the hands of Simon Ive instead of the bailiff in the presence of Jn Hammond and Nath Kinge two customary tenants the same testifying according to the custom of the aforesaid manor all that croft of land now divided into two with appurtenances called Spilwaters Croft which the aforesaid Jn took for himself and his heirs at a court here held 2.4.1608 to the use and behoof of Thos Smythe senior and Agnes now his wife for and during the term of their lifetime and to the longer liver the remainder thereof after their decease to the use and behoof of Mary Smythe one of the daughters of the aforesaid Thos and Agnes and the heirs of her body legitimately to be procreated and in default of such issue to the use and behoof of Edith Smythe and Eliz Smythe two other daughters of the aforesaid Thos and Agnes and the heirs of Edith and Eliz themselves forever however upon this condition that if the aforesaid Thos Smythe his heirs executors or assigns should pay or cause to be paid to the aforesaid Jn Middleton his executors or assigns the sum of 10li of legal money of England in or before 28.10.next following after the present date of the surrender at or in the now dwelling house of the aforesaid Jn Middleton in Earls Colne that then this present surrender should stand in its full force and effect otherwise it should be void and of no force to whom the same said Thos and Agnes present here in court the lord by his aforesaid steward granted and delivered thereof seisin by the rod to have for themselves for the term of their lives and to the longer liver the remainder thereof after their decease to the aforesaid Mary Smythe and the heirs of her body legitimately to be procreated and in default of such issue the remainder to the aforesaid Edith and Eliz Smythe and the heirs of Edith and Eliz themselves forever upon the aforesaid condition to hold from the lord by the rod at the will of the lord according to the custom of the aforesaid manor by the rents customs and services thereunto belonging and by right accustomed and the aforesaid Thos Smythe gave fine and fealty to the lord and thus the aforesaid Thos and Agnes were admitted thereof in the aforesaid form tenants of the lord but the fealty of Agnes herself was respited etc and afterwards to this court came the aforesaid Jn Middleton in person and in this same full court recognised himself to have received and to have the aforesaid sum of 10li and in consideration thereof he remitted relaxed and quitclaimed all things for himself and his heirs to the aforesaid Thos Smythe in his full possession and existing seisin for his heirs executors and assigns and on condition of the aforesaid payment and all right estate title claim and demand whatsoever of and in the premises or any parcel thereof namely thus viz that neither himself the aforesaid Jn nor his heirs should claim or be able to exact claim or take any right estate title claim interest or demand of or in the aforesaid premises or in any parcel thereof but should be completely excluded from all actions rights titles claims or demands thereof sought and thus the aforesaid Thos Smythe was accepted thereof tenant of the lord as above completely without any other conditions