Colne Priory Manor Court Rolls (ERO D/DPr21)

1.4.1609 (Saturday 1 April 1609)

document 33300715

and afterwards to this court came Rich Kirkelande in person and by licence of the lord complained against the aforesaid Thos Harlakenden of a plea of land viz of one messuage and one customary garden with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court held of the lord of the said manor by copy of court roll according to the custom of the said manor and he made protest to pursue his said complaint in this court in the form and nature of a writ of the lord the now king of rightful letters patent according to the custom of the said manor and found pledge to prosecute his said plea viz Jn Dooe and Rich Rooe and he sought process to himself thereof according to the custom of the said manor against the aforesaid Thos Harlakenden by the bailiff of the aforesaid manor to be directed to summon the aforesaid Thos Harlakenden to reply to the aforesaid Rich Kirkelands of the aforesaid plea and it was granted to him and upon this the said Thos Harlakenden present here in court without further process by the licence of the court and by the assent of the said Rich Kirkelands appeared and showed himself ready to reply to the complaint of the said Rich Kirkelands and upon this the aforesaid Rich Kirkelands as the first complainant presented his said plea in this court in the aforesaid form and complained against the aforesaid Thos Harlakenden present here in court to the aforesaid messuage and customary garden with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the said 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 hereof he says he was seised himself 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 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 Thos Harlakenden in person defended his right to the aforesaid Rich Kirkelands whenever 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 aforesaid manor and he called thereof to warranty Jn London and Kath his wife who are present here in court in person and freely warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Rich Kirkelands complained against the aforesaid Jn London and Kath his wife tenants by their warranty present here of the aforesaid tenements with appurtenances and 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 and upon this the aforesaid Jn London and Kath his wife came and defended their right to the aforesaid Rich Kirkelands whenever etc and their seisin of such seisin etc and altogether and whatever etc and most of all of the aforesaid tenements with appurtenances in their demesne as of fee and right according to the custom of the aforesaid manor and further they call thereof to warranty Thos Anderson who also present here in court in person and he warranted the aforesaid tenements with appurtenances to them and upon this the aforesaid Rich Kirkelands complained against Thos Anderson himself tenant by his warranty present here in court for the aforesaid tenements with appurtenances in the aforesaid form and whereof he says he 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 the said Thos Anderson came in person and defended his right to the aforesaid Rich Kirkelands whenever etc and his seisin of such seisin etc and altogether etc and whatever and most of all of the aforesaid tenement with appurtenances in his demesne as of fee and right according to the custom of the aforesaid manor and he placed himself upon the homage of this court in the place and authority of the great assize of our lord the now king at the common law according to the custom of the aforesaid manor and he sought recognition to be made either he himself should have the 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 aforesaid manor or the aforesaid Rich Kirkelands should have the right to have the aforesaid tenements with appurtenances as the superior claim and the aforesaid Rich Kirkelands sought licence to implead until the hour of twelve this same day and it was granted to him etc and the same hour was given to the aforesaid Thos Anderson by agreement here etc and afterwards let it be known at that same hour of twelve this same day the aforesaid Rich Kirkelands returned in person and put himself against the aforesaid Thos Anderson in the aforesaid plea and the aforesaid Thos Anderson although solemnly required did now return but in contempt of court went away and made default upon this openly and publicly in this same full court proclamation was three times made according to the custom of the aforesaid manor that if anyone would claim the aforesaid tenements or any right estate title claim or demand thereof he should come before final judgement thereof should be given according to the custom of the aforesaid manor to make his claim and no one came and upon this the aforesaid Rich Kirkeland sought judgement and seisin of the aforesaid tenements with appurtenances by the said default to be given to him upon which it was considered by the court for the aforesaid Rich Kirkelands to recover his seisin of the aforesaid tenements with appurtenances against the aforesaid Thos Harlakenden to hold to the same said Rich Kirkelands and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Thos Harlakenden and his heirs and from the aforesaid Jn London and Kath his wife and their heirs and from the aforesaid Thos Anderson and his heirs forever and that the aforesaid Thos Harlakenden should have of the lands and tenements of the aforesaid Jn London and Kath his wife within the jurisdiction of this court to this value etc and that the aforesaid Jn London and Kath his wife should have of the lands and tenements of the aforesaid Thos Anderson within the jurisdiction of this court to the value etc and that the same Thos Anderson is in mercy etc and upon this the aforesaid Rich Kirkeland sought a precept from the lord of the said manor to be directed to the bailiff of this manor to deliver 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 three o'clock this same day and afterwards let it be known at the same hour of three o'clock this same day Jn Cooper bailiff of the said manor and servant of this court had been ordered by the aforesaid precept to hand over seisin thereof as directed to him to be carried out and executed in all respects according to the custom of the said manor viz that he himself by virtue of the said precept thereof directed to him this same day handed over to the aforesaid Rich Kirkelands full seisin of the said tenements with appurtenances as by the aforesaid precept thereof directed to him the precept was carried out and upon this the aforesaid Rich Kirkeland now present in court in person sought for himself admittance thereof to whom the lord by his said steward granted thereof seisin to hold the aforesaid tenements with appurtenances to the same said Rich Kirkeland 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 he gave to the lord his fine etc and made fealty to the lord and was admitted thereof tenant of the lord and afterwards this present court sitting came the aforesaid Rich Kirkeland and in full and open court surrendered into the hands of the lord by the hands of the aforesaid steward all the aforesaid premises with appurtenances viz one tenement with garden adjoining called Sextens Tenement etc with appurtenances to the use and behoof of Ann Harlakenden one of the daughters of the aforesaid Thos Harlakenden and her heirs forever who the same said Ann came to this court by the aforesaid Thos her father and her attorney in this part and sought for herself admittance thereof to whom the same said Ann by the hand of her said attorney the lord by his said steward granted thereof seisin to have to the same Ann and her 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 annual rent of 6s8d always to be paid at the usual times for the manor and by other services and customs thereunto belonging and by right accustomed and she gave to the lord her 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 same court came also the aforesaid Rich Kirkeland and the aforesaid Jn London and Kath his wife Thos Anderson and Thos Harlakenden 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 released remitted and confirmed and for each of them and for their heirs remitted released and confirmed to the aforesaid Ann Harlakenden in her full and peaceful possession and existing seisin according to the custom of the aforesaid manor and to her heirs and assigns all right estate title claim interest and their demand whatsoever and for each of them of and in the aforesaid tenements with appurtenances and all and every miscarriage of justice misappropriation petition suit of court plea action real personal or mixed whatever of about and concerning the said premises or any parcel thereof to the use and behoof of the aforesaid Ann Harlakenden and her heirs forever etc in peace from the aforesaid Rich Kirkeland and his heirs and from the aforesaid Jn London and Kath his wife and their heirs and from the aforesaid Thos Anderson and his heirs and from the aforesaid Thos Harlakenden and his heirs forever and for such a release the aforesaid Ann Harlakenden gave to the lord her fine as is shown in the margin etc