Contents
Summary
Robert Stoughton owned copyhold property in the manors of
– Deopham of the Dean & Chapter of Canterbury and
– Shadwells alias Cockerells of Morley.
The property was subject to one or more estates tail (entails) and associated remainders.
The “entails” generally encountered in the Deopham Courts related to restrictions that property could only pass to “Heirs Male”.
He wanted to sell the land outright:
- almost all of it to Robert Knights of Deopham, farmer (both Courts);
- one rood and seven perches of newly allotted enclosure land to William Colman of Attleborough, farmer (only under the Shadwells Court).
Because the land was entailed, he could not simply surrender it directly with an absolutely secure title.
The purpose of all this legal machinery was therefore to:-
- Bar (destroy) the entail.
- Destroy all future claims dependent on the entail (remainders, reversions, conditions, limitations).
- Convert Robert Stoughton’s interest into an absolute fee-simple estate.
- Then transfer that fee-simple title to the purchasers.
In a nutshell, the objective was to cleanse the title prior to sale.
With thanks to ChatGPT for the first draft of this summary
Full Text
Know all Men by these Presents that
I, Robert Stoughton of Diss in the County of Norfolk, Gentleman, only Child and Heir of the Bodies of John Stoughton late of Wymondham in the said County, Gentleman, deceased, and Ann his Wife late Ann Gibbs, Spinster, and which swaid John Stoughton was the eldest Son and Heir of the Bodies of John Stoughton late of Runhall in the said County, Gentleman, deceased, and Muriel his Wife, late Muriel Jecks, Spinster,
For divers good causes and considerations me hereunto moving, Have made, constituted and appointed and by these Presents Do make, constitute and appoint Joseph Sewell, John Blake, Thomas Stoughton and John Stephen Beckworth, all of the City of Norwich, Gentlemen, my true and lawful Attorney and Attornies, jointly or severally, for me and in my name, place and stead to appear at the next General or Special Courts Baron or any subsequent General or Special Courts Baron, to be holden and kept for the several Manors of Deopham of the Dean & Chapter of Canterbury and Shadwells alias Cockerells in Morley in the said County of Norfolk and in the last mentioned Manor to be admitted to one Rood and seven perches of land late parcel of Fulcher Common in Great Ellingham in the said County and allotted to me the said Robert Stoughton under the Great Ellingham Inclosure Act and afterwards in due form of Law to surrender into the hands of the Lord or Lords, Lady or Ladies of the same Manors respectively The said one rood and seven Perches of Land and also all and every other the Messuages, Lands, Tenements and Hereditaments whatever of me the said Robert Stoughton situate, lying and being within and holden of the said several Manors by Copy of Court role with their and every of their Rights, Members and Appurtenances, And the Reversion and Reversions, Remainder and Remainders thereof. And all the Estate, Right, Title and Interest of me the said Robert Stoughton in or to the same,
To the Use of such Person and his Heirs as my said Attornies or Attorney shall jointly or Severally see fit and expedient to surrender the said Premises so holden of each of the said Manors,
To the Intent and Purpose that such Surrenders respectively shall and my become perfect Tenants of the said Premises So that common Recoveries may be had and suffered thereof, one in each of the said Manors against the Persons to whose use the said Copyhold, Messuages, Lands, Tenements and Hereditaments shall be surrendered as aforesaid whereby all Estates Tail heretofore created and now affecting the said Copyhold Messuages, Lands, Tenements and Hereditaments and all Reversions and Remainders thereupon expectant or depending and all Conditions and collateral Limitations annexed thereto may be docked, barred and extinguished, And that the same Messuages, Lands, Tenements and Hereditaments may be immediately afterwards surrendered To the Use of me and my Heirs as hereinafter mentioned,
And for that end and purpose that the Person or Persons to whose Use the said Copyhold Messuages, Lands, Tenements and Hereditaments shall be surrendered as aforesaid shall personally or by his, her or their lawful Attorney or Attornies appear in the Court Baron of the said Manors respectively to one or more Plaint or Plaints to be entered and made against him, her or them by some Person as Demandant touching the said Copyhold Messuages, Lands, Tenements and Hereditaments in the form or nature of a Writ of Entry Sur disseizin en le post at the Common Law by such Apt and convenient descripions as shall be thought proper in that behalf to ascertain the same Messuages, Lands, Tenements and Hereditaments and shall make defence and vouch to warranty me the said Robert Stoughton.
To the Intent and Purpose that the said Recoveries respectively may be perfected;
I do hereby constitute and appoint the said Joseph Sewell, John Blake, Thomas Stoughton and John Stephen Beckwith my lawful Attornies jointly or severally for me and in my name, place and stead to appear gratis at the said Courts Baron respectively, and for me to enter into the said Warranty or Warranties, And thereupon to vouch the common Vouchee of the said Courts Baron respectively who shall appear and enter into the said Warranty or Warranties and shall afterwards depart in contempt of the said Courts Baron respectively and make default, So that a good and perfect Recovery of the said Copyhold Messuages, Lands, Tenements and Hereditaments may be had and suffered in the said Courts Baron respectively whereby the said Demandant or Demandants shall recover the same Copyhold Premises of the Person or Persons to whose Use the same shall be surrendered as aforesaid who shall recover in value against me and for me to recover in value against the Common Vouchee of the said Courts Baron respectively, according to the custom of Common Recoveries for assurance of Lands in such Cases used.
And that Judgment and Execution shall be thereupon had and executed accordingly, Provided always and upon Trust and confidence that the said Demandant in the said Recoveries respectively shall and do immediately after such recoveries respectively surrender into the hands of the Lord or Lords, Lady or Ladies, of the said Manors respectively according to the custom thereof by the Rod,
All and every the said Copyhold Messuages, Lands, Tenements and Hereditaments whereof the said Recoveries respectively shall be had, suffered and perfected as aforesaid,
To the Use of me and my Heirs at the Will of the Lord or Lords, Lady or Ladies, and according to the custom or customs of the said Manors respectively,
And I do hereby authorize and empower my said Attornies jointly or severally to make, do, execute and suffer all and every such other Surrenders, Releases, Acts and Things as shall be necessary or proper for suffering and perfecting a recovery of the said Copyhold Hereditaments and Premises in the said Manors respectively and for enlarging the Estate or Estates Tail heretofore created and now affecting the said Hereditaments and Premises into an Estate or Estates in fee simple discharged from all Remainders and Reversions expectant or depending on the same Estate or Estates tail and all Provisoes, Conditions and Collateral Limitations annexed to or affecting the same Estate or Estates tail and for surrendering the same Copyhold Hereditaments and Premises
To the Use of me, my Heirs and Assigns as last mentioned,
And I do hereby further authorize and empower my said Attornies jointly or severally for me and in my name, place and stead to be admitted on the Surrender of the Demandant in the said recoveries respectively, To all and every the said Copyhold Messuages, Lands, Tenements and Hereditaments,
To hold to me and my Heirs at the Will of the Lord or Lords, Lady or Ladies and according to the customs of the said Manors respectively,
And immediately after such last mentioned Admittance or Admittances to surrender out of my hands into the hands of the Lord or Lords, Lady or Ladies of the said respective Manors, and every the said Messuages, Lands, Tenements and Hereditaments of which the said Recovery or Recoveries shall be so suffered with their Appurtenances (except the said one rood and seven perches of Land allotted to me as aforesaid),
To the only proper Use and Behoof of Robert Knights of Deopham in the County of Norfolk, Farmer, absolutely and without any manner of Condition whatever, his Heirs and Assigns for ever,
And also to surrender the said one rood and seven perches of Land allotted to me and to which I shall have been admitted in the said Manor of Shadwells otherwise Cockerells in Morley with the Appurtenances, To the only proper Use and Behoof of William Colman of Attleburgh in the said County of Norfolk, Farmer, his Heirs and Assigns for ever absolutely and without any manner of condition whatever;
And lastly, I do hereby give and grant unto my said Attornies jointly or severally my full power and authority in the Premises and do ratify and confirm all and whatsoever my said Attornies shall jointly or severally do or cause to be done by virtue of these Presents for affecting the purposes aforesaid.
In witness whereof I the said Robert Stoughton have hereunto set my hand and seal the twenty eighth day of February in the year of our Lord one thousand eight hundred and five,
Robert Stoughton
Sealed and delivered having been first legally stamped in the presence of
James Sewell, William Howell
Transcription © G. Sankey
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| Date | Change |
|---|---|
| 9/6/26 | Published |
Deopham History 