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Colne Priory Manor Court Rolls (ERO D/DPr21)

30.9.1606 (Tuesday 30 September 1606)

document 33102149

to this court came Robt Leffingwell in person and in full court surrendered into the hands of the lord by the hands of his said steward there one tenement and eleven crofts of land and one garden with appurtenances containing altogether by estimation about 23a called Clarkes to the use and behoof of Robt Cobbe and his heirs forever to whom the lord by his said steward granted thereof seisin to the same said Robt Cobbe his heirs and assigns to hold from the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services thereunto belonging and by right accustomed and afterwards let it be known to this court came Jn Cooper in person and by licence of the lord complained against the aforesaid Robt Cobbe present here in court of a plea of land viz of one messuage 15a of land 8a of pasture and 3a of customary meadow in Earls Colne within the jurisdiction of this court held from the lord of the said manor by copy of court roll according to the custom of the said manor and he etc and he made protestation to present his said complaint to this court in the form and nature of a writ of our lord the king of rightful letters patent at the common law according to the custom of this same manor and he found pledge to prosecute his said complaint in the said form viz Jn Dooe and Rich Rooe and demanded process thereon to be made according to the custom of the said manor against the aforesaid Robt Cobbe by the bailiff of the said manor to direct him to summon the aforesaid Robt Cobbe to reply to the aforesaid Jn Cooper of the aforesaid plea and it was granted to him and upon this the aforesaid Robt Cobbe present here in court in person freely without further process by licence of the court and by the assent of the said Jn Cooper opposed the complaint of the said Jn Cooper and obtained for himself the right to reply to him thereupon and upon this the same said Jn Cooper as the first complainant proceeded with his said complaint in this court in the said form he sought against the said Robt Cobbe present here in court the said tenements viz one messuage 15a of land 8a of pasture and 3a of meadow customary with appurtenances in the said Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the said manor which he claimed to hold for himself and his heirs from the lord of this manor as of this manor by the rod at the will of the lord according to the custom of the said manor etc and whereof he says that he was seised of the said tenements with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the said manor in the time of peace in the time of our lord the now king within sixty years last past by taking thereof the profits to the value etc and that such should be his right etc and the said Robt Cobbe denied the right of the said Jn Cooper whenever and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances as of fee and right etc according to the custom of the said manor and he called thereupon to warranty Robt Leffingewell who also present here in court in person freely warranted to him the said tenements with appurtenances and upon this the said Jn Cooper sought against the aforesaid Robt Leffingwell tenant by his warranty present here in court the said tenements with appurtenances in the aforesaid form and whereof he says that he himself was seised of the said tenements with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the said manor in the time of peace in the time of our lord the now king by taking thereof the profits to the value etc and that such should be his right etc and upon this the aforesaid Robt Leffingwell in person came and denied the right of the said Jn Cooper whenever and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the said aforesaid tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and furthermore he called thereof to warranty Hen Prestland who also present here in court in person freely warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Jn Cooper complained against Hen Prestland himself tenant by his warranty present here in court for the said tenements with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid tenements with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the aforesaid manor in the time of peace in the time of our lord the now king by taking thereof the profits to the value etc and that such should be his right etc and upon this the aforesaid Hen Prestland tenant by his said warranty in person came and denied the right of the said Jn Cooper whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and he put himself upon the homage of this court in the place and with the right of the great assize of our said lord the king at the common law according to the custom of the said manor and he sought recognition thereof to be either that he himself should have the greater right to hold the aforesaid tenements with appurtenances for himself and his heirs at the will of the lord according to the custom of the said manor as tenant of the same or the aforesaid Jn Cooper should have the right to have the aforesaid tenements with appurtenances as the greater right and the said Jn Cooper sought licence thereof to implead until the hour of three o'clock this same day and it was granted to him etc and the same hour was given to the aforesaid Hen Prestland by joint agreement etc and afterwards let it be known at the same said hour of three this same day the aforesaid Jn Cooper returned in person and opposed the aforesaid Hen Prestland in the aforesaid plea and the aforesaid Hen Prestland although solemnly required did not return but in contempt of court went away and made default upon which openly and publicly in this full court proclamation was three times made according to the custom of the said manor that if anyone would claim the aforesaid tenements or any right estate title claim or demand thereunto he should come before final judgement was given thereof according to the custom of the said manor to make his claim and no one came and upon this the aforesaid Jn Cooper sought judgement to be given to him and seisin of the aforesaid tenements with appurtenances by the aforesaid default upon which it was considered by the court that the aforesaid Jn Cooper should recover his seisin of the aforesaid tenements with appurtenances against the aforesaid Robt Cobbe to hold to the same said Jn Cooper and his heirs according to the custom of the said manor in peace from the aforesaid Robt Cobbe and his heirs and from the aforesaid Robt Leffingwell and his heirs and from the aforesaid Hen Prestland and his heirs forever and the aforesaid Robt Cobbe should have of the lands and tenements of the aforesaid Robt Leffingwell within the jurisdiction of this court to the value etc and that the same said Robt Leffingwell should have of the lands and tenements of the said Hen Prestland within the jurisdiction of this court to the value etc and the same said Hen is in mercy etc and upon this the aforesaid Jn Cooper sought a precept from the lord of the said manor by the bailiff of the said manor to be directed to make delivery of the aforesaid tenements to him in full seisin according to the custom of the said manor and it was granted returnable here at the hour of five o'clock this same day and afterwards let it be known at the same said hour of five o'clock this same day Thos Anderson bailiff of the said manor and servant of this court by the aforesaid ordered precept had delivered seisin as directed to him in all matters namely that he himself by virtue of the said precept directed to him this same day had delivered to the aforesaid Jn Cooper full seisin of the said tenements with appurtenances as directed to him by the aforesaid precept and upon this the aforesaid Jn Cooper now present in court in person sought for himself seisin according to the custom of the said manor by the rents and services thereunto belonging and by right accustomed and the aforesaid Jn Cooper gave to the lord for a fine and made fealty and was admitted thereof tenant of the lord and afterwards this present court sitting came the aforesaid Jn Cooper and in full and open court surrendered into the hands of the lord by the hands of his said steward all the said premises with appurtenances viz one cottage and eleven crofts of land and one garden with appurtenances containing by estimation about 23a called Clarks to the use and behoof of the aforesaid Robt Leffingwell his heirs and assigns forever to whom the lord by his steward granted thereof seisin to have to the same said Robt Leffingwell and his heirs to hold from the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services thereunto belonging and by right accustomed and he gave to the lord his fine as is shown in the margin     and made fealty to the lord and was admitted thereof tenant of the lord and next into this court came both the aforesaid Jn Cooper and the aforesaid Robt Cobbe and Hen Prestlande in person and in full and open court surrendered into the hands of the lord by the hands of his said steward and by licence of the lord remitted released and confirmed to the aforesaid Robt Leffingwell in his full and peaceful possession and existing seisin according to the custom of the said manor and to his heirs and assigns all their estate title claim interest and demand whatsoever of and in the aforesaid tenements and other premises with appurtenances and all and every miscarriage of justice misappropriation petition suit of court plea action real personal or mixed whatsoever of for or concerning the aforesaid premises or any parcel thereof to the use and behoof of the aforesaid Robt Leffingwell and his heirs forever in peace from the aforesaid Jn Cooper and his heirs and from the aforesaid Robt Cobbe and his heirs and from the aforesaid Hen Prestlande and his heirs forever and for such a release to the aforesaid Robt Leffingwell he gave to the lord for a fine as is shown in the margin etc