Ightenhill Manor Inquisition 1885. Smalley, Leeming, Simpson

[Wendyf]

Manor of Ightenhill
An Inquisition dated 15th October 1885 regarding property on Smalley Street, Burnley.
Document on vellum. Size 28 by 24 inches
Transcribed by Wendy Faulkner July 2017

Front Page:
To the use of Messrs. Ralph Leeming & Robert Simpson.
Retained for production on behalf of the parties beneficially interested under the Will of Jno. Smalley deceased.
Holmes & Holmes, Burnley.

Document:
Manor of Ightenhill.
The Halmot Court of The Honorable James Archibald Douglas Home and Frederick Iltid Nicholl and Henry Frederick Nicholl esquires of their Manor of Ightenhill in the County of Lancaster holden at Burnley the fifteenth day of October in the forty ninth year of the reign of our Sovereign Lady Queen Victoria over the United Kingdom of Great Britain and Ireland and in the year of our Lord one thousand eight hundred and eighty five before Arthur Ingram Robinson gentleman Steward there.
Inquisition was taken there the day and year abovesaid to enquire and present for the Lords of the said Manor upon the oaths of Edward Ekroyd Esquire, John Bulcock, William Henry Colbran, George Haslam, James Folds, John Sharples Veevers, John Haworth, Benjamin William Briggs, Thomas Edmondson, James Grimshaw, Thomas Ashworth, Henry Bulcock and Thomas Thornber Smith Homagers of the said Court who upon their oaths aforesaid say and present as followeth to wit
The Jurors aforesaid upon their oath aforesaid do find and present that John Smalley late of Burnley in the County of Lancaster formerly a Clogger but afterwards out of business (now deceased) under and by virtue of a certain Surrender or Memorandum thereof in writing duly made and executed by Richard Collinge (therein described) bearing date the seventh day of March one thousand eight hundred and fifty seven and of an Admittance thereupon on the twenty third day of April following became fined and possessed to him the said John Smalley executors his administrators and assigns for the residue of a term of nine hundred and ninety nine years created by an Indenture of Lease hereinafter more particularly referred to according to the custom of the said Manor of and in All those five Messuages or dwellinghouses part of a row of ten Messuages or dwellinghouses situate on the South side of Clarence Street in Habergham Eaves in the said County of Lancaster bounded on the North by that Street on the South by a Court or passage of ten feet wide on the East by premises then belonging to Mrs Whittaker and on the West by other part of the said row of dwellinghouses and then in the respective occupations of John Bannister, Mrs Ibbotson, Thomas Ormerod, Joseph Nutter and William Winward which said Messuages of tenements thereby surrendered had been lately erected and built by John Crossley upon part of a plot of land part and parcel of a certain Farm called or known by the name of the Huffling Hall Estate situate in the Township of Habergham Eaves aforesaid, demised and leased to the said John Crossley for a term of nine hundred and ninety nine years in and by a certain Indenture of Lease bearing the date the fourteenth day of April one thousand eight hundred and fifty six and made between The Reverend Arthur Townley Parker, Clerk, and Robert Townley Parker Esquire of the one part and the said John Crossley of the other part and to which said plot of land the said John Crossley at a Court holden on the seventeenth day of the same month of April in and for the said Manor was admitted tenant for the said term of nine hundred and ninety nine years which said premises thereby surrendered were delineated and further described in or by the map or plan thereof endorsed on the Indenture bearing even date with the now reciting Surrender thereinafter referred to and were edged pink on the same map or plan And Also of and in so much of the said Court or passage of ten feet wide behind the premises thereby surrendered as extended the whole length thereof all which said premises were of the yearly apportioned copyhold rent to the Lord of the said Manor of one penny together with the appurtenances thereunto belonging and the use of party walls (particularly the walls dividing the premises thereby assigned and those retained by the said John Crossley such walls to be considered as party walls for all purposes) And particularly of and in a right of way or passage for all purposes through and along the remainder of the said Court or passage of ten feet wide as extended the whole length of the other five Messuages or tenements and premises retained by the said John Crossley And Also of and in the right and privilege during the residue of the aforesaid term of using the Ashpit at the West end of the premises thereby assigned in conjunction with the owners and occupiers for the time being of the adjoining premises retained by the said John Crossley as the same was then used an as shewn on the plan on such Indenture endorsed Subject to the payment during the aforesaid term of the apportioned yearly rent of four pounds part of the original ground rent of eight pounds and five pence and to the performance and observance of the covenants provisos conditions and agreements respectively related to or affected the thereby surrendered hereditaments or any part thereof And also subject to the right and privilege during the residue of the said term of the said John Crossley his executors administrators and assigns retaining the light of and the use of the then present cellar window without any obstruction in the dwellinghouse adjoining on the East to the said premises thereby assigned looking into the yard belonging to the dwellinghouse then in the occupation of the said William Winward And also subject to the several powers provisions covenants agreements and indemnities contained in an Indenture of Assignment and Deed of Covenants bearing even date with the now reciting Surrender and made or expressed to be made between the said Richard Collinge of the first part the said John Crossley of the second part and the said John Smalley of the third part. And the Jurors aforesaid upon their oath aforesaid do further find and present that the said John Smalley under and by virtue of a certain other Surrender or Memorandum thereof in writing duly made and executed by James Cooper (therein described) bearing date the sixth day of July one thousand eight hundred and sixty eight and of an Admittance thereupon on the fifteenth day of October following became fined and possessed to him the said John Smalley his executors administrators and assigns for all the residue of a certain other term of nine hundred and ninety nine years created by an Indenture of Lease bearing date the twenty second day of April one thousand eight hundred and sixty one and made between the said Arthur Townley Parker and Robert Townley Parker of the one part and the said John Smalley of the other part according to the custom of the said Manor of and in All that plot of land (parcel of a farm called or known by the name of the Huffling Hall Estate in the Township of Habergham Eaves aforesaid and within the said Manor) situate in Tarleton Street and Smalley Street in Habergham Eaves aforesaid bounded on the North by Smalley Street aforesaid on the South by a joint Court or passage ten feet wide on the West side by premises then belonging to George Taylor and on the East and South East by Tarleton Street aforesaid and containing in the whole (including one half of the said Court or passage on the South side thereof six feet to Smalley Street and six feet to Tarleton Street so far as the said Court and streets respectively adjoined the said plot of land the whole length thereof on those sides to be respectively forever thereafter left open and unbuilt upon and to be used as a Court and for footpaths to the said streets respectively) eight hundred and sixty four superficial square yards of Land or thereabouts was the same more or less And Also of and in All those six Messuages or dwellinghouses erected by the said John Smalley thereupon Together with the appurtenances thereunto belonging all which premises were of the yearly copyhold rent to the Lord of the said Manor of two pence Subject to the payment of the yearly rent of seven pounds four shillings reserved by and to the performance and observance of the lessees covenants and conditions contained in the said Indenture of Lease And the Jurors aforesaid upon their oath aforesaid do further find and present that the said John Smalley continued to be so fined and possessed as aforesaid until the time of his death and that being of sound mind memory and understanding he duly made and executed his last Will and Testament in writing bearing date the twenty third day of December one thousand eight hundred and eighty four (wherein he is described as “of Number 10 Smalley Street, Burnley Wood within the Borough of Burnley in the County of Lancaster Gentleman”) Whereby he appointed his nephew Ralph Leeming and his the Testator’s friend Robert Simpson to be the Executors of his said Will And the Jurors aforesaid upon their oath aforesaid do further find and present that the said John Smalley the Testator departed this life on the twenty sixth day of June one thousand eight hundred and eighty five without having revoked or altered his said Will and without having surrendered the said Copyhold hereditaments and premises or any part thereof to the uses of his said Will leaving the said Ralph Leeming and Robert Simpson him then and now surviving And the Jurors aforesaid upon their oath aforesaid do further find and present that the said Ralph Leeming and Robert Simpson duly proved the said Will in the District Registry of the Probate Division of Her Majesty’s High Court of Justice at Lancaster on the seventeenth day of August one thousand eight hundred and eighty five And the Jurors aforesaid upon their oath aforesaid do further find and present that by virtue of the said Will and by operation of an Act of Parliament made and passed in the first year of the reign of Her Majesty Queen Victoria entitled “An Act for the amendment of the Laws with respect to Wills” the said Ralph Leeming (now of Heywood Bridge near Haslingdon in the said County Farmer) and Robert Simpson (now of Burnley Wood aforesaid salesman) as such Executors as aforesaid are entitled to be admitted as tenants of the said several hereditaments and premises hereinbefore described with appurtenances for the respective residues of the said two several terms of nine hundred and ninety nine years respectively upon payment of their fine and upon payment and performance of the yearly rents suits and services therefore due and of right accustomed according to the custom of the said Manor Subject nevertheless as in the several hereinbefore recited Surrenders is respectively mentioned and referred unto And hereupon come the said Ralph Leeming and Robert Simpson by William Titherington Wood their Attorney and desire to be admitted to their fine proclamation thereof being made and no person forbidding the same then the said several and respective premises with the appurtenances are granted by the said Steward to the said Ralph Leeming and Robert Simpson (as such Executors as aforesaid) To have and to hold to them their executors administrators and assigns for the respective residues of the two several terms of years aforesaid according to the custom of the said Manor Subject nevertheless as in the above written Inquisition is mentioned and referred unto and not otherwise Yielding and paying therefore yearly to the Lords of the said Manor and to their heirs the rents and services therefore formerly due and of right accustomed and now they give to the said Lords for fine three pence by the pledge of Edward Ecroyd Esquire

Examined by
Arthur I Robinson (signature)
Steward of the Courts of the said Manor

[Wendyf]

Its a shame that anything in bold or underlined has been lost by copying and pasting. I might edit it later, no time now!

[Stanley]

Lovely job Wendy. Stuffed full of names and references that will be a little gold mine for anyone researching the area. Send me and Jeff the original file please by email.
The original Indenture is here waiting for you whenever you want it.

[PanBiker]

Excellent Wendy, compared to the one Stanley transcribed that is a light read and almost understandable, I get the general drift though, Ralph and Robert did OK.

[Wendyf]

I am now using "aforesaid" in every sentence

[Stanley]