Saturday 13 April 2013

Excerpts from legal documents up to 1631

Some more excerpts from legal documents for the Colclough family up to 1631 (note phoenetic spelling relating to Adam i.e. Adam Cockley)

Equity Exchequer Orders. Dublin 1627, February.
Process as in Hillary 1626, Adam Colclough pleads grant etc., and that Sir
Anthony died seized of the lands, and that Sir Thomas died seized of the lands, and that premises went to said Adam after the death of sd Sir Thomas, that said Rectory of Ballygarvan is parcel of St. Leonards of the Nash ever since the memory of man-Plea Confession Judgement.

Calendar of the Rolls, Dublin.
8 March, 3rd Charles 1st 1627. Westminster.

Charles Rex, The King to Lord Viscount Falkland. Right truely and well beloved, we greet you well. whereas our late dear Royal father King James of blessed memory, by his letters bearing date at Westminster, the 25th February, 1621 directed to the then Deputy of that our realme of Ireland, required and authorised him, at the humble suit of Sir Thomas Colclough of Tintern in the County of Wexford, in that our Kingdom, to accept a grant and surrender to our said father's use, from the said Sir Thomas Colclough, and such other person and persons as were seized to his use, of the late dissolved Abbey or Monastery of Tintern, the town and lands of Moynart in the Duffry, the chief rent and customs of the Duffry, and all such manors,the Castles, tenements, rents, service, woods, underwoods, rectories, tithes, waters, fishings, customs, duties, and hereditaments, with their, and every of their rights, members, and was seized of any estate of inheritance in use, or possession, or whereof he received the rents or profits, in the County of Wexford, or elsewhere in that our Kingdom of Ireland.And upon his surrender, or without surrender of the premises, to make an effectual or grants, in due form of law, from our said father, his heirs and successors, without fine, unto the said Sir Thomas Colclough, his heirs and assigns, in consideration of his good and faithful service done unto our father and our Crown, of the late dissolved Abbey or Monastery of Tintern, the town and lands of Moynart, and all the Manors, Castles, lands, tenements, chief rents, services, woods, underwoods, rectories, tithes, waters, fishings, customs, duties, and hereditaments whatsoever, whereof of the said Sir Thomas Colclough was seized of an estate of inheritance in use or possession, or whereof he received the rents or profits without the County of Wexford, or elsewhere in that our Kingdom, to be holden of our said father, his heirs and successors, by and
under such tenures, rents, services, conditions and covenants, as were mentioned in any former letters
December, 13th Charles 1st
Pardon for alienations of lands to Sir Thomas Colclough. Wardship Books. Birmingham Tower, Dublin Castle. vol.11, p.73. 25th May, 1638.
A Licence to Anthony Colclough of Ould Ross Gent. Ismay Browne his wife and Leonard his son and heir, to convey the town and lands of Churchtown of Old Ross, with its parcel of Londonstown and Ballinebooley, to Thomas Clark or Clercke of New Ross, Gentfine paid by Clercke. £3. patents of the premises, granted to the said Sir Thomas Colclough, or any of hisUnto the said Adam Cockley, ancestors. And our father was graciously pleased, and did thereby require and authorise the then Deputy to insert in the letters patent, a grant of all such Courts leet and baron, with profits thereof, liberties, privileges, benefits and immunities, as are mentioned in any former letters patent, together with a fair, yearly to be holden in the town of Moynart, on such days, as to the Deputy should be thought meet. Of which letter, Sir Thomas Colclough hath received no benefit as we are informed, by reason of our said dear father, and the said Sir Thomas Colclough his decease, Now at the humble suit of our well beloved subject Adam Colclough, son and heir of the said Sir Thomas, and in consideration of the said Sir Thomas his good service done to our Crown, and for the said Adam Colclough with other encouragement and enablement to do us the like service, being well affected in religion, we are graciously pleased, and do hereby, require and authorise you, with the advice of some of our learned counsel there, in due form of law, to make an effectual grant, release and confirmation, by letter patent under the great seal of that our realm, from us our heirs and successors, without fine, unto the said Adam Colclough, his heirs and assigns, of all and singular the Castles, manors, lands, tenements, rectories, tithes, seignories, cheifries, and other hereditaments whatsoever, as well within our County of Wexford, as elsewhere within that our realm, whereof the said Adam is now seized, or reputed to be seized of anyestate of inheritance, in use possession, remainder or reversion, by virtue or pretence of any grant or grants, made to Sir Thomas Colclough, or any of his ancestors, or any other person or persons, under whom the said Adam claimeth, And the reversion and reversions, remainder and remainders thereof, and of every part thereof, and that by all or any the name or names, appearing in any letters patent made thereof, or any part or parts thereof, or in any inquisition or inquisitions found or to be found, reserving to us our heirs and successors for the same: such rents, tenures, service, conditions and covenants, rateably and proportionably, as were formerly.

December, 13th Charles 1st
Pardon for alienations of lands to Sir Thomas Colclough. Wardship Books. Birmingham Tower, Dublin Castle. vol.11, p.73. 25th May, 1638.
A Licence to Anthony Colclough of Ould Ross Gent. Ismay Browne his wife and Leonard his son and heir, to convey the town and lands of Churchtown of Old Ross, with its parcel of Londonstown and Ballinebooley, to Thomas Clark or Clercke of New Ross, Gentfine paid by Clercke. £3.
y reserved by any former letters patents, made to the said Sir Thomas Colclough, or any of his ancestors and as are now due or answerable unto us for the same, together with £5 current money of England, by the year, of increase of rent, and for such part thereof, as are not holden, or mentioned to be holden of us, our heirs and successors, by such tenures and service ratably and proportionably, as by the tenor of our father's instructions lately transmitted for the revenue of that our Kingdom, ought to be reserved for lands of like quantity, if no better tenure appears of record for us, inserting in the letters patent by warrant hereof to be made, a grant or grants to create all the premises or so much thereof, as the said Adam Colclough shall desire into one, or two Manors, and to make freeholders, to hold the Manors of so much of his lands, not exceeding a moiety, as he shall think fit, not withstanding the statute commonly called “Quia emptores terrarum”,and to have one, or two Courts, in the nature of a Court Barron, and Court leet, to be held within the manors and lands before the Seneschal, and the Seneschals of  the said Adam Colclough and his heirs and assigns, and a fair to be kept yearly at the town of Tintern, or at any other place within the said lands and premises, at such times as the said Adam Colclough, his heirs or assigns, shall desire, and a market weekly, at the town of Nash, at such days as the said Adam Colclough shall nominate and as to you shall be thought fit, with all perquisites and profits of the Court, and all tolls, customs, and duties incident to, and arising out of the fair and market, and which such further liberties, privileges and benefits, as are mentioned in any former letters patent, made to the said Sir Thomas Colclough, or any of his ancestors, of the lands and premises or any part thereof, to be enjoyed therewith, or any part thereof respectively. And that in our letters patent, of grant confirmation Unto the said Adam Cockley,and release, you cause to be inserted a grant of exoneration of and from us, our heirs and successors unto the said Adam Colclough his heirs and assigns of all the rents, services and reservations of or on the premises, or any part thereof, other then the proportionable rent, service and reservations in the letters patent by warrant thereof to be made, to be reserved as aforesaid, so as the premises may not be charged with a double rent, but that the said Adam and his heirs, may receive a perfect grant release and confirmation of all our right title and interest, of, in and to the premises, for and under the proportionable rents, tenures, and services, before expressed, whatsoever interest there be in us therein or thereabouts, or any part thereof. And lest we should receive prejudice concerning our tenures, or incidents thereof, we require you to advise with Sir William Parsons, Knight and Baronet, Master of our Court of Wards, there for the tenure of lands to be passed by virtue hereof.

21st March, 3rd Charles 1st 1627, Westminster.
Charles, Rex

The King to Lord Falkland, and the Commissioners for the Custody of the great
seal.
Right Truly and well beloved, we greet you well. Whereas Sir Thomas Colclough, late ofTintern in the County of Wexford, in that our realm of Ireland, Knight, now deceased, did as we are informed, convey and assure, or intend to convey and assure by deed or deeds, the Castle town and lands of Moynart, and divers other lands, tenements, chief rents, customs and hereditaments, within the territory of the Duffry in the County of Wexford, to certain feoffees, and their heirs, to Dudley Colclough and the heirs male of his body begotten, and for want of such issue, to the use of divers others of the sons of the said Sir Thomas, and the heirs male of their several bodies begotten, the remainder thereof, in fee to the use of the right heirs of the said Sir Thomas, as by the deed or deeds more at large may appear. And whereas the said Dudley Colclough, is now seized or reputed to be seized of an estate of inheritance in use or possession, by purchase of and in certain lands. And likewise other feoffees are seized or reputed to be seized of and in other parcels of land, within the territory of the Duffrey and elsewhere in that our Kingdom, to the use of the said Dudley and his heirs. We are graciously pleased, at the humble suit of the said Dudley, and in consideration of the said Sir Thomas Colclough his good and faithful service done unto us and our Crown, and for the said Dudley, his beUnto the said Adam Cockley,tter enablement and encouragement to do us service, Do hereby require, and authorise you to make an effectual grant Confirmation and release, by letters patent, under the Great seal of that our Kingdom, in due form of law, with the advice of some of our learned counsel there, from us, our heirs and successors, without fine unto of the said Dudley Colclough and his heirs, so much of the lands and hereditaments, with the appurtenances, as shall appear by conveyance to be purchased, or mentioned to be purchased in the name of the said Dudley Colclough and also in and by our letters patent, to be passed by virtue hereof, to make a grant, confirmation and release, from us our heirs and successors, of the Castle town and land of Moynart, and of all other the lands, tenements, and chief rents, customs and Hereditaments, with theappurtenances, mentioned in the deed or deeds made by the said Sir Thomas Colclough unto the several feoffees, and the survivor, and survivors of them, and their several heirs, to the use of the said Sir Dudley, and the heirs male of his body begotten, and after, to such other uses and intent as are mentioned in the deed or deeds, And likewise to make a grant or Confirmation, and release from us, our heirs and successors, in and by our letters patent, to be passed by virtue hereof, unto such other person and persons, and their heirs as are seized of any estate, of inheritance in any other the lands and hereditaments, with their and assigns of theirs, rights, members, andappurtenances whatsoever, in the County of Wexford, or elsewhere in the Kingdom of Ireland, to the use of the said Dudley Colclough, his heirs and assigns for ever, to be holden to us, our heirs and successors, by and under such tenures, rents, services, conditions and covenants, as are mentioned in any former letters patent of the premises, or any part thereof, granted, or mentioned to be granted, to the said Dudley Colclough, his father, or any of his ancestors, or any others under whose estate he claims, and as are now due and answerable unto us for the same, with 15/- current money of England of increase of rent yearly. And for such a part of the lands as are not holden of us by any tenure mentioned in any former letters patent, the same to be holden of us, our heirs and successors, by such tenures and service, rateably and proportionably, as by the tenor of our late dear royal father, King James of blessed memory, his instructions lately transmitted for the revenue of that our Kingdom, ought to be reserved for lands of like quantity of no better tenure appears of record for us, together with a Grant in and by our letters patent, to be passed by virtue of these our letters, unto the first mentioned feoffees, and by the survivor and survivors of them, and to their heirs, to the use of the said Dudley Colclough, and the heirs male of his body begotten, the remainder thereof to the several uses mentioned in the deed or deeds, made by the said Sir Thomas Colclough, of a Court in the nature of a Court Baron, and a Court leet, and a fair yearly, and a market weekly, to be held and kept within the town and lands of Moynart, at such times and places, as the said Dudley Colclough, his heirs or assigns, shall desire, with court of picpowder, and all benefits, perquisites and profits incident and belonging to the court, fairs, and markets, and of all waifs and strays, happening and arising within the lands and premises. And power to inclose and impark 2000, or less, of the lands, with all such liberties, privileges and benefits to be used therein or any other lands already inclosed or impaled as to a park appertaineth together with free warren within the said lands and premises, and also such other liberties, privileges and benefits as are mentioned in any former letters patent, granted to the said Sir Thomas Colclough, or to any other his ancestors, or any other under whose estate he claims, of the lands or any part thereof. Nevertheless our express will and pleasure is that Dame Elinor late wife of the said Sir Thomas Colclough, mother of Dudley Colclough, and now wife of the Baron of Killine, and her assigns, shall have hold and enjoy, all such lands, tenements, rents, customs, and profits, as she or any other person or persons, seized or reputed to be seized to her use, or in trust for her, have or ought to have, of or out of the lands and premises for and during her natural life. And for the better accomplishment thereof, our further pleasure is, that a covenant be inserted in our letters patent to be passed by virtue hereof, On the part of the first mentioned feoffees, their several heirs respectively for her enjoying of the lands, rents customs, and profits, accordingly, without their or any of their heirs interruptions, disturbance or incumbrance whatsoever. And lest we should receive prejudice concerning our tenures or incidents thereof, we require you to advise with Sir William Parsons, master of our Courts of Wards there, touching the tenure of the lands to be passed by virtue hereof.

4th August, 3rd Charles 1st 1627.
Pardon for alienations, made by Sir Thomas Colclough of lands in the County Wexford, and an alienation made by Richard Plunket of Gillstown, of lands in County Meath, to Sir James Carroll, and by the latter to the Baron of Killeen.
Chancery Inquisitions of Leinster.

20th September, 2nd Charles 1st Inq. ap. New Ross.
Anthony Colclough, late of Tyntern in the County of Wexford, Knight, deceased, was seized in fee of the Monastery ect., said Anthony Colclough, being so seized enfeoffed Thomas Siggin, and Walter Roche, of all the premises to the use of the said Anthony during his life, and after his death, to the use of Thomas Colclough, son and heir of said Anthony, the tenor of which enfeoffments is followed in the original. Said Anthony Colclough Knight and Dame Clare his wife deceased, and said Thomas Siggin and Walter Roche, were seized of the premises. Walter Roche deceased and Thomas Siggins survived him. Said Thomas Siggins being so seized, died 20 Sept 1596. Jasper Siggins, son and heir of said Thomas, was of full age at the time of his father's death, Said Jasper,
along with said Thomas Colclough, Knight, enfeoffed by deed bearing date (----)Several) etc., Said Thomas Colclough Knight. departed this life 20th August 1624. Adam Colclough is his son and heir. Said Adam was 24 years of age at his father's death and married. Said Thomas Colclough, made a Will dated 21st February 1623, the tenor which follows in the original. Said Thomas Colclough Knight made his Will (codicil) 3rd May 1624, the tenor of which is followed in the original. One Gerald Sutton by a deed of enfeoffment, bearing
date 24 January 1587 enfeoffed Thomas Williams Knight, and Clara his wife, of the town and lands of Arkloe next Clonmines in mortgage for £31-10-0 the tenor of which is followed in the original.

Equity Exchequer Orders.
Trinity Term. 1628.
Adam Colclough, Esq., to know by what warrant he claims waifs, strays, and felons goods to Monastery of Tintern, Does not claim said Royal Liberties, auditors to Report. 1628. Process against the Monastery of Tintern, and the tithes of St.Mollins, alias Tymoling of Catherlogh, being parcels of the Monastery of Tintern, half year arrears £13-8-8. granted in fee farm to Anthony Colclough.
 27 August, 17th Elizabeth, Said tithes granted to Sir William St Leger in fee farm, 3rd July 1619, at 13/4 per annum. Adam Colclough Esq., Tenant, pleads double charges, first to him, at an increased rent. Auditor reports said Abbey and town etc., were granted to said Anthony 27th August, 17th Elizabeth, and rectory of St. Moling to St. Leger 3rd July 1619, Granted to Adam Colclough 19th June, 1628, at entire rent; no process for old rents.

Calendar of the Rolls, Dublin.
19th June, 4th Charles 1st 1628,
Grant to Adam Colclough, of the late Abbey or Monastery of Tintern, Co. Wexford, with all Castles, lands, tenements, and hereditaments, of which the lands of Ballymolyn, Arklow, and Clomyne, are to be held of the chief Lord of the fee, by the tenure and service anciently accustomed, and the use of the lands, are to be held of the King, in Capite, by the 20th part of a Knights fee, All the lands are erected into a Manor, to be called the manor of Tintern, with a Court Leet, and Court Baron, a weekly market to be held at the town of Nashe on every Monday, and a fair on every 24th day of June, pursuant to his Majesty's letter of the 8th March 1627, with a proviso that this part, shall not prejudice the jointure of the lady Killeen, late wife of Sir Thomas Colclough.

June 19th, 1628.
King Charles the first by letters patent of that date, in the fourth year of his reign, gave, granted and confirmed unto Adam Colclough, his heirs and assigns. All that, the late Abbey, monastery, or religious House of Tyntern, and the whole scite, ambite, and precinct of the said Abbey Monastery, or religious house, with its appurtenances in the County of Wexford, in our said Kingdom of Ireland, and also the castle town, and lands of Tyntern, with its appurtenances in the said County of Wexford, and also the town and lands of Castleishell and Castlemoroughe, and one water mill, with the watercourse thereunto belonging in the town and lands of Tyntern aforesaid, commonly called the Overshot Mill, and also the parcel of land called the Saltmill there, and also the townsland of Keran. And also the town and land of Ganescullen, and the town, village, or hamlet, and the lands of Tullow, and also the town and lands of Saint Leonard, Ballyhackbeg, and Canomore, with its appurtenances in the County aforesaid, and also the town and lands of Ballyherme, with its appurtenances in the County aforesaid, also the town, village and land of Nashe, with its appurtenances in the County of Wexford, and also the town, and lands of Rathnegeraghe, with its appurtenances in the County, aforesaid, and also the town and lands of Bouly, with its appurtenances in the County aforesaid, and the watermill thereunto belonging in the said town of the Bouly and also the town and lands of Yoletown with its appurtenances in the County aforesaid, and also the towns and lands of Garriduffe, with appurtenances in the County aforesaid, and also the towns, villages and lands Unto the said Adam Cockley, Rathmanly, Donmayne, Clonagh, and Ballyfleming, in the County aforesaid, and also the town and lands of Clonyn, with its appurtenances in the County aforesaid, and also the towns and lands of the Grange of Kilmore, Castletown and Ballybought, and also the town and lands of Scarte, Donedowne, otherwise Owenduffe, Tobbernassen and Gaynestown, with its appurtenances in the County aforesaid. And also the rectory church or chapel of St. Kearan and Kemoran, otherwise St. Keran, and the rectory church or chapel of St Leonard aforesaid, and also the rectory, church or chapel of the Nash, the rectory church or chapel of Donaghmayne aforesaid, and the rectory church or chapel of Clomyne aforesaid, with its appurtenances in the County of Wexford aforesaid, also the rectory, church or chapel of St Leonards, aforesaid the rectory church or chapel of the Nash, the rectory church or chapel of Downemayne, aforesaid, and the rectory church or chapel of Cloymne, aforesaid with its appurtenances in the County of Wexford (page 167) aforesaid, Ballyhackny, and Carnmore, with its appurtenances in the said County foresaid, and also the rectory or chapel of St.Mollins, Ballymoylan, Clomyne and Arklow, with its appurtenances in the County aforesaid of Catherlough or either of them all and singular of which premises were then lately reputed to be part of the lands and possessions of the late Abbey, Monastery or religious house of Tintern, and also the town and lands of Ballymoylan with its appurtenances in the County of Wexford, and also the town and lands of Archloo, with its appurtenances in the County of Wexford aforesaid, and also the town and lands of Kynnagh, Kinneagh, otherwise Kinnagh, Cowleras, Ballycullan, Ballyrowne, Dowrought and Priestown, with its appurtenances in the County of Wexford aforesaid, and also 80 acres of land with its appurtenances in the town and land of Clomyn, in the County aforesaid, then late in the tenure and occupation of Richard Power, and all lands, tenements and hereditaments, whatsoever with their rights, members and every their appurtenances as well within said County of Wexford, as elsewhere, within said Kingdom of Ireland, of which the said Adam Colclough, on the 8th day of March, in the third year

Calendar of the Rolls, Dublin.
21 July, 4th Charles 1st 1628, Westminster.
The King to Lord Viscount Falkland. Right truly and well beloved cousin and counsellor, we greet you well. Whereas we have received good report of the quality of our well beloved subject, Adam Cockley Esq., of Tintern in our own Kingdom of Ireland. We are graciously pleased for his better encouragement, to confirm upon him the title and dignity of a Baronet of that our Kingdom, and therefore, we hereby will and authorise you, forthwith upon the receipt of these our letters, to give directions that a grant be passed, under the great seal of that our Kingdom, with advice of one of our Council at law there. Unto the said Adam Cockley, (JC 2013) and the heirs male of his body, of the honour and dignity of a Baronet of our realm of Ireland, inserting in the grant, all clauses and privileges usual and accustomed to be passed in like grants.
Signed Charles Rex. st

11th July, 7th Charles 1st 1631.
Grant to Sir Adam Colclough, of the wardship of Harry Laffan, grand child and heir of Nicholas Laffan, late of Slade, in the County of Wexford.

February, 9th Charles 1st 1631.
Pardon for alienation of certain lands in the County Wexford, By Sir Adam Colclough, Bartand Sir Robert Riche Knight, to John Pigott Esq., and Henry Hoard, Yeoman, and by said last parties, To Sir Thomas Butler, Bart of Garryhundon.

More to follow with some analysis....

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