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46s8d | and made fealty to the lord and was admitted thereof tenant of the lord and after wards let it be known to this court came
Robt Cobbe
in person and by licence of the lord complained against the aforesaid
Wm Midleton
of a plea of land viz of 4a2r of customary land with appurtenances in the said Earls Colne within the jurisdiction of this court held of the lord of this said manor by copy of court roll according to the custom of the said manor and he made protest to prosecute his said plea in this court in the form and nature of a writ of our lord the now king of rightful letters patent at the common law and according to the custom of this same manor he found pledge to prosecute his said plea in the said form viz Jn Dooe and Rich Rooe and sought process for himself to be made thereof according to the custom of the said manor against the aforesaid
Wm Midleton
by the bailiff of the said manor to be directed to summon the aforesaid
Wm Midleton
to reply to the aforesaid
Robt Cobbe
of the aforesaid plea and it was granted to him etc and upon this the aforesaid
Wm Midleton
present here in court in person freely without further process by licence from the court and with the agreement of the said
Robt Cobbe
appeared and showed himself ready to reply to the complaint of the said
Robt Cobbe
and upon this the aforesaid
Robt Cobbe
as the first complainant presented his said plea in this court in the aforesaid form and complained against the aforesaid
Wm Midleton
present here in court of the aforesaid tenements viz 4a2r of customary land with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the aforesaid manor which he claims 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 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 within sixty years now last past by taking thereof the profits to the value etc and that such should be his right etc and the aforesaid
Wm Midleton
in person defended his right to the aforesaid
Robt Cobbe
whenever etc and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the aforesaid tenements with appurtenances in his demesne as of fee and right etc according to the custom of the said manor and he called thereof to warranty
Jn Midle ton
senior who is present here in court in person and freely warranted the aforesaid tenements with appurtenances to him and upon this the aforesaid
Robt Cobbe
complained against the aforesaid
Jn Midleton
senior tenant by his warranty present here in court for the aforesaid 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 and that such should be his right etc and upon this the aforesaid
Jn Midleton
senior in person came and defended his right to the aforesaid
Robt Cobbe
whenever etc and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the aforesaid tenements with appurtenances in his demesne as of fee and right according to the custom of the aforesaid manor and furthermore he calls thereof to warranty
Wm Joceline
who also present here in court in person freely warrants to him the aforesaid tenements with appurtenances and upon this the aforesaid
Robt Cobbe
sought against
Wm Joceline
himself tenant by his warranty present here in court for the aforesaid 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
Wm Joceline
in person came and defended his right to the aforesaid
Robt Cobbe
whenever etc and his seisin of such seisin etc and altogether and whatever etc and most of all of the aforesaid tenements with appurtenances in his demesne as of fee and right according to the custom of the aforesaid manor and he put himself upon the homage of this court in the place and with the force of the great assize of our lord the now king at the common law according to the custom of the said manor and he sought recognition thereof to be made either that he himself should have the greater right to hold the aforesaid tenements with appurtenances to himself and his heirs at the will of the lord according to the custom of the aforesaid manor as his holdings or the aforesaid
Robt Cobbe
should have the right to the aforesaid tenements with appurtenances as having the stronger claim and the aforesaid
Robt Cobbe
sought licence to implead until two o'clock and it was granted to him etc and the same hour was given to the aforesaid
Wm Joceline
by the agreement here etc and afterwards let it be known at the same hour of two o'clock this same day the aforesaid
Robt Cobbe
returned in person and opposed the aforesaid
Wm Joceline
in the aforesaid plea and the aforesaid
Wm Joceline
although solemnly required did not return and 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 should claim the aforesaid tenements or any right estate title claim or demand thereof he should come before final judgement thereof is returned according to the custom of the aforesaid manor to make his claim and no one came and upon this the aforesaid
Robt Cobbe
sought judgement and seisin of the aforesaid tenements with appurtenances by the aforesaid default to be judged his upon which it was considered by the court that the aforesaid
Robt Cobbe
should recover his seisin of the aforesaid tenements with appurtenances against the aforesaid
Wm Midleton
to hold to the same said
Robt Cobbe
and his heirs according to the custom of the said manor in peace from the aforesaid
Wm Midleton
and his heirs and from the aforesaid
Jn Midleton
senior and his heirs and from the aforesaid
Wm Joceline
and his heirs forever and that the aforesaid
Wm Midleton
should have of the lands and tenements of the aforesaid
Jn Midleton
senior within the jurisdiction of this court to the value etc and that the said
Jn Midleton
senior furthermore should have of the lands and tenements of the aforesaid
Wm Joceline
within the jurisdiction of this court to the value etc and that the said
Wm Joceline
is in mercy etc and upon this the aforesaid
Robt Cobbe
sought a precept from the lord of the said manor to be directed to the bailiff of this manor that he should deliver to him full seisin of the aforesaid tenements according to the custom of the aforesaid manor and it was granted to him returnable here at the hour of four o'clock this same day and afterwards let it be known at that same hour of four o'clock this same day
Thos Anderson
bailiff of the said manor and servant of this court carried out and executed in all respects according to the custom of the said manor the said ordered precept to hand over seisin as directed to him viz that he himself by virtue of the said precept thereof directed to him this same day handed over to the aforesaid
Robt Cobbe
full seisin of the aforesaid tenement with appurtenances according to the said precept directed to him and the precept was carried out and upon this the aforesaid
Robt Cobbe
present now in court in person sought for himself admittance thereof and the lord by his steward granted thereof seisin to hold the aforesaid tenements with appurtenances to the aforesaid
Robt Cobbe
and his heirs from the lord by the rod at the will of the lord according to the custom of the aforesaid manor by the rents and services thereunto belonging and by right accustomed and the aforesaid
Robt Cobbe
gave to the lord his fine and made fealty and was admitted thereof tenant of the lord and afterwards this present court sitting came the aforesaid
Robt Cobbe
and in full and open court surrendered into the hands of the lord by the hands of his aforesaid steward all the aforesaid premises with appurtenances namely 4a2r of land with appurtenances in the aforesaid Colne to the use and behoof of
Wm Midleton
his heirs and assigns to whom the lord by his aforesaid steward granted thereof seisin to have to the same said
Wm Midleton
and his heirs to hold from the lord by the rod at the will of the lord according to the custom of the aforesaid manor by the rents and services thereunto belonging and by right accustomed and he gave to the lord his fine etc and was admitted thereof tenant of the lord and next into this same court came the aforesaid
Robt Cobbe
and the aforesaid
Jn Midleton
senior and the aforesaid
Wm Joceline
in person and in full and open court surrendered into the hands of the lord by the hands of his aforesaid steward and by licence of the lord remitted released and confirmed to the aforesaid
Wm Midleton
in his full and peaceful possession and existing seisin according to the custom of the said manor and to his heirs and assigns all right 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 about or concerning the aforesaid premises or any parcel thereof to the use and behoof of the aforesaid
Wm Midleton
and his heirs forever in peace from the aforesaid
Robt Cobbe
and his heirs and from the aforesaid
Jn Midleton
senior and his heirs and from the aforesaid
Wm Joceline
and his heirs forever and for such a release the aforesaid
Wm Midleton
gave to the lord his fine as is shown in the margin |