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Earls Colne Manor Court Rolls (ERO D/DPr71)

14.2.1514 (Tuesday 14 February 1514)

document 60800007

whereas at the court here holden on tuesday in the week of pentecost in the 1Hen8 there came Robt Turnebull and Maud his wife and she then alone and secretly examined by the steward surrendered into the lord's hands one tenement called Borrowes 6a of land with appurtenances one croft of land called Litle Borrowes one croft of land called Stoneleighe two cottages with the appurtenances in Colne aforesaid which were Wm Attewood's one messuage with the appurtenances sometime Jn Humfreys after Jn Smythes and late Jn Hawkewoods one croft of land customary with the appurtenances containing 6a or more or less called Wallnuttecroft lying between the land called Wrights and the land of Heyhouse and the land of Wm Lacoke one head abutting upon the tenement of of (sic) Jn Hawk and the other upon Heyhouse Lane one tenement customary with the appurtenances called Mordons with a garden adjoining late in the tenure of Jn Skotte as by the meets and bounds as in a certain copy bearing date as aforesaid are expressed and declared to the use and behoof of Walt Wingfield gentleman his heirs and assigns to the will of the lord according to the custom of the manor as in the abovesaid copy more plainly doth appear and before this court the foresaid Walt Wingfield and Robt Turnebull died after whose deaths the foresaid Maud hath shown published and openly set down divers considerations causes and evidences as well to the honourable Jn de Veere earl of Oxenford late earl of this manor and his counsellors and to Eliz Wingfield widow late wife and executrix of the testament and last will of the foresaid Walter and her friends the tenors whereof follow articulate in this manner viz memorandum this bill made the 23.7.24Hen7 witnesseth that for divers causes and considerations as well by information as sight of evidence alleged showed and presented by Maud Turnebull widow before mrs Eliz Wingfield widow late the wife of Walt Wingfield deceased Hen Markham and Humph Wingfield esqs came Jn Eyer prior of Colne and Thos Audeley required as well by the said mrs Wingfield as by the said Maud Turnebull to hear the said causes that all estates and surrenders heretofore made unto the said Walter and his heirs by one Robt Turnebull late husband of the said Maud and the said Maud jointly of all those lands messuages and tenements in Colne late Jeff Buckwells were and be contrary to the order of good justice equity and conscience wherefore she prays therefore reformation in discharge of the soul of the said Walt Wingfield deceased for the love of god and in the way of charity first the title of the premises was sold with other lands by the feoffees of Jeff Buckwell unto the said Walt as a title in debate and variance between the said feoffees of the one part and the said Robt Turnebull and Maud of the other part by reason of which corrupt bargain the said Walt of great power so troubled indicted and vexed the said Robt that he compelled him to make estate and surrender contrary to the order of good conscience item by reason of this long and great importune trouble depending between the said Walt and Robt the said Robt bound himself in 40li by obligation to abide award of the premises by reason whereof award was made that the said Robt and Maud his wife should surrender all the premise to the said Walt Wingfield and his heirs forever which award as against the said manor was void for it was no part of the submission on her behalf and yet this notwithstanding the said Robt fearing the utter and extreme dealing of the said Walt being made very poor with suits and troubles afore rigorously enforced the said Maud his wife with beatings and threats and many times upon the pain of her life that she should surrender the premises and by this manner she surrendered and not otherwise contrary to good right and conscience and this article most of the tenants in the town of Colne do perfectly understand and know and have affirmed before the said Eliz Wingfield and the counsel aforesaid item it appeareth by a copy bearing date at a court holden the monday in the feast of st gregory in 7Hen7 12.3.1492 that long time before the surrender made to the said Walt as is aforesaid a surrender was made by Robt Booner and Jn Howchon executors of Jeff Buckwell of all the premises to one Nich More and to the said Maud then his wife and to the heirs of their bodies between them lawfully begotten and for this the said Nich More paid the said executors 6li13s4d whereupon the said Walt Wingfield was privy and then the counsel with the said Nich Moore and the said Nich had issue a daughter one Margt living having title to the premises as heir in tail by reason of that surrender and so this surrender made to Walt Wingfield by Robt Turnebull they knowing this estate tail was thereof a discontinuance which is great matter in conscience to reform in discharge of the soul of the said Walt and Robt both departed and the truth hereof appeareth both by the award showed in writing made by one Rich Churchyard and sir Wm Choppet vicar of Colne of all the premises dated the 16.3.7Hen7 and also by the copy aforesaid showed to the said mrs Wingfield and the residue of the council abovenamed openly at this court item before this last surrender and after the said Maud had married the said Robt to the intent the said Margt her daughter should have these lands at a court holden in the feast of st margt in the 18Hen7 20.7.1503 she surrendered the premises and took estate to herself the said Robt her husband and Margt her daughter which Margt never surrendered nor departed with her right or title and so the surrender made by Robt and Maud was and is a diseisin to her the sai d Margt contrary to right or conscience and this copy was showed likewise to the council aforesaid item the said Nich Moore by his last will devised and willed all the premises unto the said Maud his wife for term of her life and after her decease to remain unto two daughters which he had then living and to her which fortuned to overlive and to her heirs forever and Margt one of them overlived by reason whereof she hath clear title to the reversion of the premises and this will dom Jn Eyer prior of Colne and sir Wm Choppet vicar of Colne declare and openly affirm before the said mrs Wingfield and the residue aforenamed by which things it is plainly seen and appeareth that if the foresaid surrender should stand in effect it should be to to (sic) dangerous to the souls health of the said Walt whereupon the said Maud in the way of charity at this court craveth the reformation all which things in this full court read heard pondered and with great diligence examined approved and affirmed as well by the virtue of the evidence aforesaid as by the testimony of any worthy of credit and all that the truth of the matter may more plainly appear now at this court the premises are found and affirmed by the oath of the homage of the court in consideration whereof it is now decreed determined arbitrated and adjudged by the lord's steward of this manor at the special request instance and entreaty of the foresaid Eliz Wingfield and other her friends and counsellors and by their own free will assent and agreement for the pure acquitance and discharge of the soul of the foresaid Walt and that the said surrender aforesaid and all things the same touching be void and of no valour virtue or effect and for that that the foresaid annullation evacuation and ceasing be the firmer and stand more stable in effect to the avoiding and putting away of discords on the premises hereafter to be made and for a final agreement of the same to be had the lord now at this court of his absolute power of his charity regarding the premises seised all the foresaid lands tenements cottages messuages and other the premises with the appurtenances by reason whereof he was and now is seised thereof in his demesne as of fee and being so seised now at this court of his special grace and for a final concord and peace of and in the premise hereafter to be had and made by the advisement of his council granted out of his hands all the foresaid lands and messuages cottages tenements and other the premises to the foresaid Maud Turnebull widow and Margt her daughter their heirs and assigns to which Maud and Margt there is seisin thereof delivered by the rod to hold to them their heirs and assigns forever at the will of the lord according to the custom of the manor doing the rents and services therefore due and accustomed and they give the lord for fine as app ears in the head and made fealty