Court of Chancery: Robert Allen v Stephen(?) Jackson, 1603-17

National Archives, C3/255/4

This document is badly damaged, and the ink has faded on what survives on the left

[page 1]

To the right honorable Thomas Lord Elsmere Lord Chauncellor of England

[Humbly sheweth?] yo(ur) poore distressed Orator Robert Allen of London Vyntner That where Thomas Jackson of the Mannor of Wynslowe in the countye of
[Bucks - - - ] being seased in his demeasne as of Fee of and in one Messuage or Inne comonlye callyd the Bell Inne, And of and in Twentye Acres of land, meadowe &
[pasture] lyinge and beinge in Wynslowe afforesaid And holding the same of the Lorde of the said Mannor by Coppye of Courte Roole to hyme and to his heires Forev(er)
[ - - - ] worthe Foure hundred pounds in redye money at leaste to be solde out right. And being mistrustfull of lyffe and havinge noe children of his owne to bestowe the same
[ - - - ] was in Charetye and Nature well affected, and desyrous of their severall goods and Advauncm(en)ts made a surrender of the said messuage & lands beinge date the thirteth
[day of - - - in the year of the reign] of our Sov(er)aigne Lord Kinge James of England Fraunce and Ireland the Nynth And of Scotland the Foure and Fortythe To the use of his brother Steeven Jackson a Vintner
[ - - - ]se w(hi)ch surrender followeth in hac verba, Thomas Jackson one of the Customarye Tenants of the sayde mannor hath surrendred on the daye of the date above written into ye hand
[of the lord of the said manor through] the hands of Peeter Fydge Baylyffe of the said Mannor all that Messuage or Inne w(i)t(h) thappurtenancs callyd the Bell in Wynslowe And all those lands Amountinge to Twenty acres
[all of which lands and tenements with] the sayde Messuage or Inne beinge Customarye lands belonging to the said mannor To the use of Steephen Jackson his Brother and of his heires uppon Condic(i)on Folowinge, That
[the said Stephen Jackson] shall paye or cause to be payde unto Moalde Michill widdowe (his mother) yf \she/ shall not nor doe not at anye tyme hereafter duringe hir lyffe or anye other p(er)sonne for hir or in hir right right
[claim?] the Foresayde Messuage or lands \or any other the lands/ of the sayde Thomas Jackson the som(m)e of Fyve and Twentye pounds \of the lawful mony of England and to Alice [Brodhur]st his syster […..] 25 li/ unto Thomas Allen his Brother in lawe Thirtye pounds, unto Robert Allen
[ - - - ] his brother in lawe other thirtye pounds, unto Anthonye Jackson his Brother Twentye pounds, And unto his sister Joane Bayley Tenne pounds And to his brother Peeter Jackson xxx li
[170] pounds in the whole.  The sayd severall som(m)es of money To be payde to the severall partyes Afforenamed in mannor and forme Followinge Videl(ice)t the halfe therof w(ithi)n the space of one whole yere
[after his decea? ]se and the resydue at the Ende of three yeres then nexte Followinge, being lawfullye demaunded in the sayde Messuage or Inne afforesayd To hold the sayde messuage and lands At the will of the lord
[of the said manor according to the] custome of the sayd mannor under and uppon the condic(i)ons afforesaid. This surrender not to be p(re)sented yf the sayd Thomas Jackson be lyvinge at the nexte Court to be holden in the sayde mannor And
[ - - - ] of the sayde surrender in the mannor afforesayd The said Thomas Jackson sent for the sayd Steephen Jackson to come unto him wheruppon the said Stephen came unto him accordinglye And [ - - - ]
[ - - - be]twene […..] about the sayde Thomas Jacksons intent and meaninge concerning the said surrender. The sayd Thomas Jackson [….] the [ - - - ]
[ - - - ] brother and one w(hi)ch he most [ - - - ] and trusted That the surrender of the sayde Messuage and lands [……] passe to hime and to his heires [ - - - ]
[ - - - ] trulye and Faythfullye to p(er)forme the condic(i)ons mencioned in the said [ - - - ]
[ - - - ] sayd that yf the sayd Surrender were paste w[ - - - ]
[ - - - ]ion beinge made betweene either partye [ - - - ]
[ - - - ] the sayd Thomas Jackson [ - - - ]

Only odd words are legible below this line.

[page 2 - the answer of Stephen(?) Jackson]

[ - - - ] compl(ainan)t
[ - - - ] uncertenty and insufficiency of the said bill of Compl(ain)t and matters therein contayned And by p(ro)testac(i)on
[ - - -d]ef(endan)t to answere unto to be true in such manner and forme as in the said bill of Compl(ain)t is sett forth For
[ - - - ] therein contayned saith That one Anthony Jackson thelder this def(endan)ts father \and father of Thomas Jackson in the said bill of compl(ain)t named/ was (as this def(endan)t beleeveth)
[seised  accord]inge to the Custome of the manor of Wynslow of and in the mesuage or Tenem(en)t called the Bell in Wynslowe and[?]
[land, mead]owe and pasture to the same mesuage or Tenem(en)t belonginge And soe beinge seised as this def(endan)t hath heard (but the
[deft not] of his owne knowledge havinge the Copie or ever seene the Courte rolls) did surrender the same into the hands of the lord of that mannor to the use
[?of himself to the end] of his life And after his decease to the use of Thomas Jackson his second sonne and of the heires males of his body And for want of such yssue to the use of the
[afore]said Anthony Jackson his brother And the said Anthony Jackson thelder was thereunto by the steward of the said mannor for such estate accordingly
[admitted] and afterwards died of such [estate] seised after whose decease the said Thomas Jackson was for his estate admitted and seised at the will of the lord accordinge
[to the custom] of the said mannor of Wynslow [to hold] to him & the heires of his body the remaynder to the right[?] heires of the said Anthony the father belonginge And after
[the sai]d Thomas Jackson died without issue of his body By and after whose decease the said mesuage and lands for and notw(i)thstandinge any such surrender as is in
[the said] bill menc[ioned] came and of right (as this def(endan)t thinketh) ought to come to \the yonger/ Anthony Jackson the [deletion] brother and heire of the said Thomas
[ - - - - - - - - - - - - - - - - - - ] in due forme of lawe & accordinge to the custome of the said mannor of Wynslowe did surrender into the hands of the
[ - - - - - - - - - ] mesuage and lands & all his right title and interest thereunto amongst other things to the use of this def(endan)t & his heires By force
herbef[ - - - - - - - ] and enioy the said mesuage & lands, as also by right of discent beinge as well brother and next heire to the said Anthony Jackson
the young[er and ] to the said Thomas Jackson, and also now beinge right heire to the said Anthony Jackson the father And this def(endan)t saith that he is enformed
by the [ - - - ] to be true that w(ith)in the mannor of Wynslowe aforesaid there is and by all the tyme of the memory of any man livinge there hath beene
cust[ - - - ] and also was that the [...] Steward of that Mannor for the tyme beinge only hath beene accustomed to take surrenders of Coppihold lands and
tenem(en)ts [ - - - ] of the said mannor and that the bayleife of the said mannor for the tyme beinge in the absence of the Steward in case of necessity
in p(re)s[ ence of - - - ] or Tenants of that mannor besides[?] himselfe if he be a Custom(ar)y tenant may (w(i)thin the p(re)cincts of that mannor only and
not [ - - - - - - - - - - - ] the same by him to be p(re)sented at the next courte for the said mannor to be holden if the p(ar)tie surrenderinge shall
[ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ] taken by the said bayleife to be void And this def(endan)t saieth that if any such surrender as in the
[ - - - ]the hands of Peter Fyge bayleife of that mannor the same was as this def(endan)t thinketh [....]
[ - - - ] of the p(re)cincts of the said mannor, as also for that noe Comp[ - - - ]
[ - - - ] the courte of the said mannor next holden there after the thirtieth day of [ - - - ]
[ - - - ] in his said bill of Compl(ain)t [ - - - ]

Only odd words are legible below this line.


Notes

The case must date from 19 July 1603 to 5 March 1617, during the Lord Chancellorship of Thomas Egerton, Baron Ellesmere.  Stephen and Peter Jackson are found in a list of tenants from 1613, and Peter Jackson (d.1644) sold his property in Winslow in 1637. As he seems to have owned The Bell, the defendant must have won the case.

In the will of Anthony Jackson of 1591, some of the people involved in the case are mentioned. Richard Allen married Jane Jackson at Winslow on 15 Nov 1592. Thomas Allen married Elizabeth Jackson at Winslow on 8 Oct 1594. The relationship of Robert Allen the complainant to these is unclear; perhaps a brother, or son of Richard and Jane.  He was a tenant of property at Winslow. Joan Jackson married William Bayley at Winslow on 17 June 1606.

The defendant is one of Thomas Jackson’s brothers, probably Stephen (although it could be Peter).  He says that after the death of Anthony the elder, the property came to Thomas, and when he died without children it reverted to Anthony the younger.  After his decease without children it reverted to the defendant as the heir of Antony the elder and younger. This would presumably mean that Thomas’ surrender was invalid because Anthony the elder had already entailed the property.  He also seems to say that the surrender was not carried out in the proper form. The burial of Anthony the younger is not recorded at Winslow, and he had presumably moved away. In fact, no more Jacksons from this family were buried at Winslow.

The Thomas Jackson mentioned here cannot be the Thomas Jackson who was buried at Winslow in 1615, who had numerous children.

See also: