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Earls Colne Manor Court Rolls (ERO D/DPr78)

3.1.1637 (Tuesday 3 January 1637)

document 38502702

and furthermore whereas at a court here held 20.6.1631 it was presented by the homage that Tobias Cressner alienated one tenement held freely by charter from the lord of this manor called Princes to Jeff Potter and Ann his wife and his heirs forever and whereas at the said court Jeff Potter and Ann his wife were admitted tenants of the lord for themselves and their heirs to 1r of customary land parcel of Beercroft according as it lay in Earls Colne viz between the lands late of Geo Beeston to the east and to 1a of land late parcel of Beercroft now enclosed one head abutting against the road leading from the said Earls Colne through to Colne Park and the other head abutting the garden late Geo Beeston and then the said Tobias Cressener's called Princes and whereas at the said court the said Jeff Potter and Ann his wife were admitted for themselves and their heirs to one tenement called the Stable and the Cowhouse and to one other customary tenement built with a garden parcel of a tenement late Thos Princes according as the said tenement called the Stable and the Cowhouse and the garden are situated between the tenement sometime of Jn Bonjohn alias Turner and the tenements late Robt Littmans on one part and to a parcel of land late parcel of Beercroft with a way late parcel of Beercroft leading towards the said Beercroft with free entry and exit to carry in and out according as it is clearly shown by the said court roll and whereas at a view of frankpledge with court baron here held 9.4.1618 the said Jeff Potter and Ann his wife were admitted tenants of the lord to themselves and their heirs to one piece or parcel of pasture called Rushfield containing about 6a divided from the rest of the said pasture and also to one piece or parcel of a certain meadow called Rushmeadow containing about 2a and to about 1r of land lying in Earls Colne according as it is clearly shown by the said court roll and whereas at a view of frankpledge with court baron here held 7.10.1618 the said Jeff Potter and Ann his wife were admitted tenants of the lord for themselves and their heirs to one croft of land called Spoutfield with appurtenances and whereas at the same court the said Jeff and Ann were admitted to themselves and their heirs to one messuage or tenement with barn orchards and garden adjoining with appurtenances called Dines according as it is clearly shown by the said court roll now at this court it is shown by the homage that after the last court and before this court the said Jeff Potter and Ann his wife died seised thereof without heirs of their body or other heirs legitimately procreated and that Wm Potter yeoman is brother and heir of the said Jeff Potter and Eliz the wife of Jos Wiseman gentleman Mary wife of Jn Beckwith Thomasine wife of Wm Lumpkin and Dorothy wife of Thos Theneth are sisters and coheirs of the said Ann but which of them the said Jeff and Ann survived the other the said jurymen are entirely ignorant because they say on their oath that the said Jeff and Ann died in the night between the 22.11.1636 and 23.11.1636 before the date of this court and three women were brought forward and were sworn in open court to the same date as sworn by the said jurymen they were present on watch in the messuage called Sonningwells where the said Jeff Potter and Ann died they were not able to testify directly which of them survived the other whereupon to avoid strife and contention in law as to who should came forward between the said heirs of the said Jeff and the said coheirs of the said Ann the said Wm Potter himself and his heirs and the said Jos Wiseman and Thos Theneth in right of their wives and the said Jn Beckwith and Mary his wife and Wm Lumpkin and Thomasine his wife and the heirs of the said Eliz Mary Thomasine and Dorothy submitted themselves in turn to the arbitration judgement and final determination and decree of Rich Harlakenden esq lord of the said manor and consolation by the said court of through and concerning their estates rights titles and interests and any of them to the premises and whatever of the parcels thereof who accepted on their oaths the said arbitration and jurisdiction thereof for the said parts and by their full oaths of clearance and mature deliverance because it seemed most probable to them by the testimony of the aforesaid witnesses that the said Ann survived the said Jeff Potter by their arbitration and decree in full and open public court and he declared ordained decreed and judged as follows viz that the said Wm Potter should have and enjoy to himself and his heirs the said free tenement called Princes with appurtenances now in the tenure of Jas Nichols and the said rood of customary land parcel of Beercroft and the said acre of customary land late parcel of Beercroft now enclosed and the said tenement called the Stable and the Cowhouse and the said customary tenement with garden parcel of a tenement late Thos Princes one with a way late parcel of Beercroft leading towards the said Beercroft with free entry and exit to drive cattle and wagons which all are of the yearly rent to the value of 8li net above the reprises that the said Eliz Mary Thomasine and Dorothy coheirs of the said Ann Potter should have and enjoy to themselves and their heirs the said parcel or piece of pasture called Rushfield and the said parcel of meadow called Rushmeadow in Earls Colne and the said croft of land called Spoutfield and the said messuage or tenement with barn orchard and garden adjoining the same called Dines to all of which they are adjudged coheirs at the yearly rent to the value of 20li net above the reprises whereupon the said Wm Potter came here into the said court and humbly sought admittance to the said rood of customary land late parcel of Beercroft and to the said acre of land late parcel of Beercroft now enclosed to whom the lord by the said steward granted and delivered seisin by the rod to have the said rood of land and acre of land to himself and his heirs 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 and he gave to the lord his fine and made fealty