[an error occurred while processing this directive]

Earls Colne Manor Court Rolls (ERO D/DPr84)

30.4.1729 (Wednesday 30 April 1729)

document 41800559

at this court appears to homage that Dorothy Elliston widow a customary tenant of the manor died since last court and lastly it is presented by said homage that Jn Cox esq 11.12.1728 surrendered all and singular his customary messuages lands and tenements with appurtenances held of manor by copy of court roll said Dorothy held for her life or in following english word or words to wit memorandum that whereas at a court baron holden for the said manor 20.3.35Chas2 etc Math Elliston the elder a customary tenant of the said manor did surrender by the rod into the hands of the then lords of the manor by the hands of Jn Eldred esq then steward thereof 6a of wood parcel of a grove called Coggs Grove divided and separated from the residue of the said grove and lying next land called Colne Park and also all that messuage or tenement called Curds with the barns stables orchards and gardens to the same messuage belonging and three crofts of land containing by estimation 15a called Barminfield Rounsell and Pellsland and also divers parcels of land called Heath Feild alias Heath Croft Stonyland and Brookehouse Meadow situate in Earls Colne aforesaid containing by estimation 20a then parcel of a tenement called the Hayhouse and all other the customary lands tenements and hereditaments then of the said Math Elliston holden of the said manor to the use of Thos Barrington esq Jn Cox esq and Judith Willsby widow and their heirs forever in and upon certain trusts and agreements then suddenly declared in certain indentures to be made between the said Math Elliston the elder on the one part and the said Thos Barrington Jn Cox and Judith Willsby of the other part and thereupon the said Thos Barrington Jn Cox and Judith Willsby were at the said court were admitted accordingly and whereas by indenture dated the said 20.3.35Chas2 and made between the said parties therein reciting in part the said surrender it is amongst other things mentioned to be thereby agreed and declared between the said parties that the said estate of the said premises limited to the said Thos Barrington Jn Cox and Judith Willsby and their heirs would and should be upon and under the trusts thereinafter mentioned that is to say that the said trustees by and with the several consents therein mentioned if they thought fit should sell the said premises and should employ the monies raised by such sale forwards the discharging of a debt of 1400li which the said Math Elliston had mortgaged a moiety of a farm called the Grange in Little Coggeshall unto Thos Butler esq and then so much of the said Grange as should be of the yearly value as the said copyhold premises is to be settled on the said trustees upon and under the same trusts as of the said copyhold premises are therein after limited and until such sale and settlement of other lands the rents and profits of the said copyhold premises to be disposed during the life of the said Math Elliston the younger son and heir apparent of the said Math Elliston the elder for the benefit of Dorothy Elliston the wife of the said Math Elliston the younger and their children in manner as in the said indenture is mentioned and after the decease of the said Math Elliston the younger then in trust for the said Dorothy for and during her natural life and after her decease in trust for the heirs of the body of the said Dorothy by the said Math Elliston the younger begotten or to be begotten and for want of such then in trust for the right heirs of the said Math Elliston forever as in and by the said indenture and the rolls of the said court respectively it more at large appears which said Dorothy Elliston was daughter of the said Judith Willsby and which said Jn Cox who was nominated one of the said trustees of the said Math Elliston the elder without the knowledge or privity of the said Jn Cox is now the survivor of the said trustees and which said Math Elliston the elder died in 1692 and after said Math Elliston the younger his son died about seventeen years since and whereas no sale was thought fit to be made of the said copyhold premises but the said Dorothy Elliston received thereof until her death which was in .8.last past before the date of these presents which said Dorothy had issue by the said Math Elliston the younger her husband four sons and two daughters that is to say Math the eldest son who died about twenty years since without issue and Isaac Elliston who died about eighteen years since leaving issue as after mentioned and Jn Elliston now of London drugster and Wm Elliston who died single about twelve years since and Judith late wife of Edm Cotser who died without issue three years since and Mary Elliston who died single about twenty years since and whereas the said Isaac Elliston being at the time of his said death eldest son and heir apparent of the body of the said Dorothy by the said Math Elliston the younger her late husband left issue five daughters that is to say Dorothy now wife of Thos Sibley (Francis Sibley ) of London Dyer Mary late wife of Isaac Humphrey of Great Coggeshall aforesaid weaver (sic) Ruth and Eliz Elliston both of Great Coggeshall aforesaid spinsters and whereas upon the said death of the said Dorothy Elliston mother of the said Isaac Elliston in or about .8.last past the said four daughters of the said Isaac Dorothy Judith (sic not mentioned above) Ruth and Eliz and the said Mary Humphrey (sic not mentioned before) the infant were entitled in tail to the trust of the said copyhold premises now the said Jn Cox in full performance of the said trust in him reposed did upon this 11.12.2Geo2 come before me Solomon Grimston gentleman deputy steward for Jn Wale esq chief steward of the said manor at the dwelling house of the said Jn Cox situate in Great Coggeshall aforesaid and by the rod surrender into the hands of the lords of the said manor by the hands and acceptance of the said deputy steward according to the custom of the said manor all the 6a of wood parcel of Coggs Grove aforesaid and also all that messuage or tenement called Curds with the barns stables orchards gardens to the said messuage belonging and the three crofts of land containing by estimation 15a called Barman Feild Roundsell and Pellsland and also all those divers parcels of land called Heath Feild and Heath Croft Stonyland and Brookehouse Meadow situate in Earls Colne aforesaid containing by estimation 20a and all other the customary lands tenements and hereditaments by the said Math Elliston the elder mentioned or intended to be surrendered to the said Thos Barrington Jn Cox and Judith Willsby and their heirs in and by the said surrender of the said Math Elliston the elder as aforesaid to the several and respective uses hereinafter mentioned limited and expressed that is to say to the use of the said Dorothy Sibley wife of the said Thos Sibley (Francis Sibley ) and of the said Judith Everett wife of the said Thos Everett and of the said Ruth Elliston and Eliz Elliston and also of the said Mary Humphrey the infant daughter of the said Mary Humphrey deceased severally and respectively part and share alike as tenants in common and not as joint tenants and of the several and respective heirs of the several bodies of the said Dorothy Sibley Judith Everett and Ruth Elliston and Eliz Elliston and Mary Humphrey the infant respectively lawfully begotten or to be begotten and if any of them the said Dorothy Sibley Judith Everett Ruth Elliston Eliz Elliston and Mary Humphrey the infant should happen to die without heirs of her or their bodies then as for and concerning the part or parts of her or then so dying in the said premises to the use of every other of them the said Dorothy Sibley Judith Everett Ruth Elliston Eliz Elliston and Mary Humphrey the infant severally and respectively part and share alike as tenants in common and not as joint tenants and of the several heirs of their several bodies respectively and lawfully issued and for default of such issue to the use of the said Jn Elliston and of the heirs of the body of the said Jn Elliston lawfully begotten or to be begotten and for default of such issue to the use of the right heirs of the said Math the elder forever according to the custom of the said manor after which comes here into court said Dorothy Sibley Judith Everet Ruth Elliston and Eliz Elliston in their own persons and Mary Humphrey with Isaac Humphrey her father as attorney and humbly petition of the lord etc admitted tenants according to tenor of the said surrender to the lands and tenements to wit to 6a land wood parcel of a grove called Coggs Grove lying next lands called Colne Park and also to one messuage or tenement with barns stables orchards and gardens to said messuage pertaining and 26a land and 3a1r meadow with appurtenances called Curds and three crofts of land called Baraman Feild Rounsell and Pellsland containing by estimation 15a and also certain lands called Heathfeild also Heath Croft Stonylands an d Brookehouse Meadow lying in Earls Colne containing by estimation 20a late being parcel of Hayhouse with their rights and appurtenances etc as tenants in common and not as joint tenants etc which said Mary Humphrey is an infant aged 3yr therefore said Isaac Humphrey father is admitted guardian until giving account etc