John Incledon v. Thomas Incledon, court of king’s bench, 1607

This case represents what was probably only part of a marriage arrangement. The part rendered here is a grant of the life estate of the father of the groom to his son and the bride with an immediate re-grant back to the father for a term of four years. The agreement specified that at the end of the four years the father would surrender possession of the lands together with the crops on the land to his son and his son’s wife. The son finally sued under the claim that his father refused to surrender possession. Four months elapsed between the agreement and the marriage.

[the case John Incledon v. Thomas Incledon now continues]

Devon. Memorandum that formerly, scilt., in Easter term in the fourth year of the reign of the Lord James now king of England, before the lord king at Westminster came John Incledon by Humfrey Turner his attorney and proffered here in the court of the said lord king then there his certain bill against Thomas Incledon gentleman in the custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges to prosecute, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[there was a colloquium between Thomas Incledon and John Incledon (Thomas’s son) concerning a marriage between John Incledon and Margare Wollcombe the daughter of Alexander Wollacombe]

Devon. John Incledon complains of Thomas Incledon gentleman in custody of the marshal of the marshalsea of the lord king being before the king himself for this, viz., that, whereas on May 3 in the forty-third year of the reign of the Lady Elizabeth late queen of England at Georgeham in the abovesaid county a certain colloquium was had and moved between the abovesaid Thomas and the same John of, for, and concerning a certain marriage between the same John and a certain Margaret Wollacombe daughter of a certain Alexander Wollacombe to be had and solemnized,

[and Thomas Incledon had a life estate in a messuage with other lands in Devon]

and whereas also the abovesaid Thomas on the abovesaid May 3 in the forty-third year of the reign of the abovesaid late queen abovesaid was seised of one messuage 50 acres of land, 10 acres of meadow, and 40 acres of pasture with appurtenances in Buckland, Denham, and Doddacott within the parish of Georgeham abovesaid in his demesne as of a free tenement for the term of his life as the same Thomas then asserted,

[Thomas agreed to grant his life estate and all the crops growing there to John and Margaret]

and whereas also on May 3 in the forty-third year of the reign of the abovesaid late queen abovesaid at Georgeham abovesaid it was concorded and agreed between the same John Incledon being the son of the abovesaid Thomas and the abovesaid Thomas, and the abovesaid Alexander and Margaret that the same John would take as his wife the abovesaid Margaret and that the same Thomas, in consideration of the abovesaid marriage between the same John and the abovesaid Margaret thus as is set out above to be had and solemnized and for the advancement and preferment of the abovesaid John and Margaret in their sustenance after espousals between them to be celebrated, would demise and grant to the same John and Margaret Wollacombe the abovesaid tenements with appurtenances and his whole right, estate, interest, and term that the same Thomas then had of and in the abovesaid tenements with appurtenances for the term of the life of the same Thomas and all and singular crops of grains whatsoever then growing in and on the same tenements with appurtenances,

[and the crops were worth 30 pounds]

and whereas also on the abovesaid May 3 in the forty-third year of the reign of the abovesaid late Queen Elizabeth abovesaid the crops of wheat of the wheat being on 8 acres of land of the tenements with appurtenances abovesaid parcel sewn by the abovesaid Thomas before then were growing in and on the same 8 acres of land and similarly the crops of barley of the barley in another five acres of land of the tenements with appurtenances similarly parcel sewn by the abovesaid Thomas before the abovesaid May 3 were growing in and on the same 5 acres of land on the same May 3, which certain crops of grain thus growing in and on the abovesaid tenements with appurtenances on the said May 3 were worth by estimation 30 pounds of the lawful money of England, and also the crops of oats of the oats in another nine acres of land of the abovesaid tenements with appurtenances similarly parcel sewn by the abovesaid Thomas before the abovesaid May 3 were growing in and on the same 9 acres of land on the same May 3,

[then John would re-grant the tenements and grain back to Thomas for a term of four years at an annual rent of 20 pounds]

and whereas also on the abovesaid May 3 in the forty-third year of the reign of the abovesaid queen abovesaid, at Georgeham abovesaid by the abovesaid considerations further it was concorded and agreed between the same John and the abovesaid Thomas and the abovesaid Alexander and Margaret that the same John immediately after the abovesaid Thomas thus as set out above would demise and grant to the aforementioned John and Margaret the abovesaid tenements with appurtenances and his whole right, estate, interest, and term abovesaid of and in the abovesaid tenements with appurtenances for the term of the life of that Thomas, would demise to the aforementioned Thomas all and singular crops of grain of whatsoever kind then growing in and on the same tenements with appurtenances, to have and to hold to the same Thomas the abovesaid tenements with appurtenances and all and singular crops of grain abovesaid then growing in and on those tenements with appurtenances for the term of four years then next following and that the same Thomas would render and pay to the aforementioned John for that 80 pounds of the lawful money of England of rent, viz., 20 pounds annually during the abovesaid term of four years until he would have satisfied the same John of 80 pounds fully,

[and at the end of the term of four years Thomas would relinquish possession of most of the lands and crops to John and Margaret]

and that the abovesaid Thomas at the end of the abovesaid term of four years would relinquish the possession of the abovesaid tenements with appurtenances (except for one close of land with appurtenances called Bycrosse and one other close of land with appurtenances called Bearecrosse being parcel of the abovesaid tenements with appurtenances) and that the same Thomas at the end of the abovesaid term of four years would render and deliver to the same John the possession of the abovesaid tenements with appurtenances (the exceptions excepted) with the intention that the abovesaid John and Margaret at the end of the abovesaid term of four years would enter into the abovesaid tenements with appurtenances (the exceptions excepted) and would have and hold the same from then thenceforward for the term of the life of the abovesaid Thomas according to the form and effect of the demise and grant abovesaid by the abovesaid Thomas thus as it set forth to be made, and also that the abovesaid Thomas at the end of the abovesaid term of the abovesaid four years would relinquish so much and such crops of grains then growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) so much and such as on the abovesaid May 3 were growing in and on the abovesaid tenements to the proper use of the same John to be taken and disposed,

[Thomas was to pay compensation proportionately if the crops were not left at the end of the term]

and if the abovesaid Thomas at the end of the term of four years not relinquish so much and such crops of grain then growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) so much and such as on May 3 were growing in and on the abovesaid tenements with appurtenances, then the same Thomas well and faithfully would pay to the same John 40 shillings for each acre of wheat of the abovesaid 8 acres of wheat that were lacking and not happen to be left growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the abovesaid term of four years, and 33 shillings 4 pence for each acre of barley of the abovesaid 5 acres of barley that were lacking and not happen to be left growing in and on the abovesaid tenements (the exceptions excepted) at the end of the abovesaid term of four years, and 20 shillings for each acre of oats in the abovesaid 9 acres of oats which are lacking and not happen to be left growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the abovesaid term of four years, or 30 pounds of the lawful money of England in place of such manner crops growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the abovesaid term of four years to be relinquished,

[and Thomas would leave specified animals at the end of the term]

and that also the abovesaid Thomas at the end of the abovesaid term of four years would relinquish four oxen, four cows, two horses, and thirty sheep couching and levant in and on the abovesaid tenements with appurtenances (the exceptions excepted) to be taken to the proper use of the same John,

[and both John and Thomas promised each other to perform the agreement faithfully]

and the abovesaid Thomas on the abovesaid May 3 in the forty-third year of the reign of the abovesaid late Queen Elizabeth abovesaid at Georgeham abovesaid, in consideration that the same John then and there undertook on himself and then and there faithfully promised to the aforementioned Thomas to perform and fulfil all and singular the premises above specified on the part of the same John to be performed and fulfilled according to the form and effect of the concord and agreement abovesaid, undertook on himself and then and there faithfully promised to the same John that the same Thomas would want to perform and fulfil all and singular the premises above on the part of the same Thomas to be performed and fulfilled well and faithfully according to the form and effect of the concord and agreement abovesaid,

[Thomas granted his life estate; John re-granted to Thomas for the term of four years, leaving the crops, and the term of four years has ended]

and the same John in fact says that although the abovesaid term of four years finished and expired on May 3 in the third year of the reign of the lord king now, and although the abovesaid Thomas on the abovesaid May 3 in the forty-third year of the reign of the abovesaid late Elizabeth abovesaid at Georgeham abovesaid demised and granted to the same John and Margaret the abovesaid tenements with appurtenances and his whole right, interest, and term of and in the tenements abovesaid with appurtenances for the term of the life of the same Thomas and all and singular the abovesaid crops of grain then growing in and on the abovesaid tenements with appurtenances, and although the same John immediately after the same demise and grant made thus by the abovesaid Thomas on the abovesaid May 3 in the forty-third year of the reign of the abovesaid late Queen Elizabeth abovesaid at Georgeham abovesaid demised to the aforementioned Thomas the abovesaid tenements with appurtenances and all and singular crops of the abovesaid grains growing then in and on the abovesaid tenements with appurtenances to be had and held to the same Thomas for the term of the abovesaid four years then next following

[and John and Margaret married four months after the agreement]

and although also the same John afterwards, scilt., on September 1 in the forty-third year of the reign of the said late queen abovesaid, at Georgeham abovesaid took as his wife the abovesaid Margaret,

[but at the end of the four year term, Thomas the father refused to yield possession of the lands or the crops to his son John for the remainder of Thomas’s life, whereby John is worse off]

nevertheless, the abovesaid Thomas, not at all caring for his abovesaid promise and undertaking but scheming and fraudulently intending hotly to deceive and defraud the same John in this part, did not leave the possession of the abovesaid tenements with appurtenances (the exceptions excepted) or of each parcel thereof at the end of the abovesaid term of four years nor did he at the end of the same term render or deliver to the same John the possession of those tenements with appurtenances (the exceptions excepted) or of any parcel thereof nor did he at the end of the abovesaid term of four years leave any crops of grains then growing in and on the abovesaid tenements with appurtenances (the exceptions expected) to be taken and disposed to the proper use of the same John nor still has he paid the abovesaid 30 pounds in place of the abovesaid crops thus growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the abovesaid term of four years although the abovesaid Thomas to this on June 1 in the third year of the reign of the said lord king now abovesaid at Georgeham abovesaid was asked by the same John, nor did he leave the abovesaid animals above specified or any of them pasturing, levant and couchant in and on the abovesaid tenements with appurtenances (the exceptions excepted) to be taken to the proper use of the same John, but he refused completely and still refuses to relinquish the possession of the abovesaid tenements with appurtenances (the exceptions excepted) or of any parcel thereof at the end of the abovesaid term of four years and to render and deliver at the end of the same term of four years the possession of those tenements with appurtenances (the exceptions excepted) to the same John, and at the end of the abovesaid term of four years some crops of grains in and on the abovesaid tenements with appurtenances (the exceptions excepted) to the proper use of that John to be taken and disposed and to pay to the same John the abovesaid 30 pounds in place of the abovesaid crops thus growing in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the said term of four years and to leave the abovesaid animals or any of them pasturing, levant and counchant in and on the abovesaid tenements with appurtenances (the exceptions excepted) at the end of the term of four years to be taken to the proper use of the same John, to the damage of that John Incledon of 200 pounds, and thereof he produces suit etc.

[Thomas denies that the undertaking in the mode and form alleged; a jury is summoned; no verdict is recorded]

And now at this day, scilt., on Friday next after the morrow of Holy Trinity in this same term, until which day the abovesaid Thomas had licence to emparl to this bill and then to answer etc., before the lord king, at Westminster come both the abovesaid John by his attorney abovesaid and the abovesaid Thomas by John Boldero his attorney, and the same Thomas defends tort and force when etc., and says that he did not undertake on himself in the mode and form as the abovesaid John above complains against him thereof, and of this he puts himself on the countryside. And the abovesaid John similarly etc. Therefore let come thereof a jury before the lord king at Westminster on Tuesday next after the third week of Holy Trinity and who neither etc., to recognize etc., because both etc. The same day is given to the abovesaid parties there etc.