Earls Colne Manor Court Rolls (ERO D/DPr78)

4.4.1632 (Wednesday 4 April 1632)

document 38400405

for fine 11liwhereas at a view of frankpledge with court baron here held 20.6.1603 it was shown by the homage that Jn Somerson who held to himself and his heirs one messuage and certain lands and customary tenements with appurtenances called Stacys and Wastlyns surrendered into the hands of the lord according to the custom of the manor aforesaid the said messuage lands and tenements with yards stables and buildings pertaining to the said messuage to the use and behoof of his last will bearing the date 29.5.1603 the tenor with regard to these premises follows in these words item I give and bequeath to Ann Somerson my wife all that my house and lands called Stacys and Wastlins being customary with all the barns stables and outhouses with the appurtenances thereunto belonging lying in Earls Colne to her and to her assigns for her life and after her decease I give the said house and lands with their appurtenances to be sold by Hen Somerson and Edw Somerson my sons and their assigns within the space of two whole years next after her decease to the most profit and advantage and I will that the money thereof coming to be evenly and equally divided and distributed to and amongst my children that shall be then living that is to say Jn Somerson Hen Somerson Edw Francis Margery and Mary and Ann Somerson and if it fortune that any of my children die before the sale of the said house and lands that then his her or their part so dying to be equally distributed to amongst the rest that shall be then living according as it is clearly shown and appears by the said will and afterwards he died the said Jn Somerson surviving son and heir of the said Jn Somerson senior and the said Ann was admitted at the said court according to the tenor of the said will as it clearly appears by the said court roll and whereas at a court here held 20.7.1631 it was shown by the homage that the said Ann died before the then said court was held now at this court it is shown by the homage that the said Hen Somerson legally had the power and authority to sell the said messuage and other premises as stated and ordained he died before this court after the death of the said Jn and before the death of the said Ann and just as it is the opinion of the court if the said Edw Somerson is living at this time he should legally sell the aforesaid messuage and other premises by virtue of the said will but because the said Edw Somerson Francis Margery Mary and Ann came into court and humbly sought the favour and help of the court the lord moved by pity and sympathy freely and spontaneously agreed and granted the request of the said Jn Somerson son and heir of Jn Somerson senior since the last will and testament of the said Jn Somerson well and truly granted the said messuage and other premises to the said Edw Francis and Margery and their heirs forever and by the said steward he granted and delivered to them seisin by the rod to have to them their heirs and assigns forever 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 services and customs thereunto belonging and by right accustomed nevertheless the intention is that the said Edw Francis and Margery surrender and value the said messuage and other premises with appurtenances at the maximum profit and that the money coming therefrom should be distributed and divided amongst the children of the said Jn Somerson living at the time of the sale according to the tenor and effect of the said will and they gave to the lord their fine and fealty and were admitted tenants thereunto