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Colne Priory Manor Court Rolls (ERO D/DPr21)

2.4.1608 (Saturday 2 April 1608)

document 33201404

whereas at a court here held thursday being 4.11.1563 Jn Midleton was admitted tenant of the lord for himself and the heirs of his body legitimately procreated to two pieces or parcels of land called Mellfield as by a roll of that court here in court now produced it is clearly shown now to this court came the aforesaid Jn Midleton and in full and open court surrendered into the hands of the lord by the hands of his said steward one parcel of land parcel of the aforesaid lands called Mellfields containing by estimation 4a1r27p lying between the other parcel of land parcel of the aforesaid Mellefield towards the east and a parcel of meadow called Holmes towards the west one head thereof abutting upon a meadow called Berthall Meade and the said meadow called Holmes towards the south and the other head thereof abutting upon a parcel of land parcel of the aforesaid Mellfeild towards the north to the use and behoof of Wm Midleton his younger son and his heirs and assigns forever who present here in court came and sought thereof admittance to whom the lord by his aforesaid steward granted thereof seisin to have to the said Wm 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 rent of 4s6d per annum and by all other services and customs thereunto belonging and by right accustomed and he gave to the lord his fine as is shown in the margin
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