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Earls Colne Manor Court Rolls (ERO D/DPr77)

21.3.1611 (Thursday 21 March 1611)

document 37601850

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 Barnard his deputy put his claim now to the one pasture or pasture land of the wood called Hannsers Hedge held by copy of a roll of this court alleging that the said certain surrender made by Robt Jollie grandfather of the said Wm Adams (Wm Jollie ) to the use and behoof of his last will upon oath bequeathed the said pasture or pasture land to the use and behoof of Agnes his wife and after her decease to the use and behoof of the said Jn Jollie for his lifetime and after his decease the remainder of the same to Robt Jollie and Wm Jollie two other sons of the said Robt deceased was void and of no force in law because he said that the said surrender was made out of court and not according the custom of the said manor that it was not made in the presence of two customary tenants of this manor but only into the hands of Jn Churche bailiff of the village and another witnessing this not saying whether he was a customary tenant of this manor or not upon which the court roll was examined and the judgement about that surrender was believed and because the judgement on that said surrender was believed and by the oaths of the said Jn Churche and Rich Parker who were the tenants into whose hands the surrender was made it is shown that the said surrender was made in the necessary manner according to the custom of the manor therefore it was shown by the homage of this court sworn and on oath concerning the premises that the said surrender should be true and legitimate and according to the custom of the manor and that Rich Jollie did not have the money to pay the lord his fine arrears rents and other charges and costs of the court and because it was seen by the court that it was against their conscience to disinherit the said Wm Jollie and because it was hoped that there should be a final peace between the said Wm and Rich it was agreed with the consent of Marian Jollie widow mother of the said Wm and with the consent of Wm Langforde father in law 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 the fine of the said Rich for his admittance to the premises and other lands of the said Rich held of Colne Priory viz 12li and the stewards fee and all other costs of the court and also 21s to the said Wm Langforde who was paid in court and also he should pay 5li to the said Wm Jollie for his title to the premises and that the said Wm Jollie gives security to the said Thos Harlakenden upon payment of the said 5li so that when the said Wm should arrive at his full age he surrender all his right title and estate of and in the premises to the use and behoof of the said Rich and his heirs and the said Thos Harlakenden in consideration of the premises should have the rents owed for the said pasture at the feast of the annunciation of the blessed virgin then next following and also should hold the said pasture or pasture land until the feast of michaelmas 1614 to his proper use and behoof provided also that if the said Rich should die first the fine should be fulfilled to the lord and the fee of the steward and the said arrears of the said rents and the said sum of 21s paid to the aforesaid Wm Langforde from the profits and revenues of the premises that then the said Thos Harlakenden should be excused from the payment of the said 5li to the said Wm Jollie and the said Wm Jollie should not be held further by the release of his rights in the aforesaid premises to Rich Jollie and his heirs but that the said Thos Harlakenden or his assigns should give back to the aforesaid Wm Jollie or his assigns all copies and evidences concerning the premises which were delivered to the hands of the said Thos viz four copies of court roll of the manor court of Earls Colne and Colne Priory and furthermore it is agreed that the said Wm Jollie will have his free choice until the next court to be held here whether he accepts the said 5li or pursue his suit for testing his title