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Colne Priory Manor Court Rolls (ERO D/DPr21)

24.9.1611 (Tuesday 24 September 1611)

document 33401339

and afterwards to this court came Jn Danett and in person and by licence of the lord complained against the aforesaid Jn Hodson present here in court of a plea of land viz of 3a2r of customary land in Earls Colne within the jurisdiction of this court held of this aforesaid manor by copy of court roll according to the custom of the aforesaid manor etc and he made protest to prosecute his aforesaid plea in this court in the form and nature of a writ of our lord the now king of letters patent at the common law and according to the custom of the same said manor found pledge to prosecute his aforesaid plea in the aforesaid form viz Jn Doe and Rich Roe and sought process to be made thereof to him according to the custom of the aforesaid manor against the aforesaid Jn Hodson by the bailiff of the aforesaid manor to be directed to summon the aforesaid Jn Hodson to reply to the aforesaid Jn Danett of the aforesaid plea and it was granted to him etc and upon this the aforesaid Jn Hodson present in court in person freely and without further process by licence of the court and by the assent of the said Jn Danett appeared at the complaint of the aforesaid Jn and showed himself ready to reply to him thereof and upon this the same said Jn Danett as the first complainant protested to present his aforesaid plea in this court in the aforesaid form he sought against the aforesaid Jn Hodson present here in court for the aforesaid tenements viz 3a2r of land as now including any parcel of the certain customary lands called Mellfeild 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 aforesaid manor etc 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 within sixty years now last past by taking thereof the rents to the value etc and that such should be his right etc and the aforesaid Jn Hodson in person defended his right to the aforesaid Jn Danett 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 as of fee and right etc according to the custom of the aforesaid manor and he called thereof to warranty Jn Mydleton who present here in court in person freely warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Jn Danett sought against the aforesaid Jn Mydleton tenant by his warranty present here in court 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 our lord the now king by taking thereof the rents to the value etc and that such should be his right and upon this the aforesaid Jn Mydleton in person came and defended his right to the aforesaid Jn Danett whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all the aforesaid tenements with appurtenances in his demesne as of fee and right according to the custom of the aforesaid manor and furthermore he called to warranty Robt Steephens who also present in court in person and freely warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Jn Danett sought against Robt Steephens himself tenant by his warranty present here in court of the aforesaid tenements with appurtenances in the aforesaid form and of which 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 Robt Steephens tenant by his aforesaid warranty in person came and defended his right to the aforesaid Jn Danett whenever etc and his seisin of such seisin etc and altogether etc and whatsoever 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 authority of the great assize of out lord the now king at the common law according to the custom of the aforesaid manor and he sought recognition thereof to be made either that 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 as having the greater claim or the aforesaid Jn Danett should have the right to have the aforesaid tenements with appurtenances as having the greater claim and the aforesaid Jn Danett sought licence 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 Robt Steevens by the assent etc and afterwards at that same hour of three o'clock this same day the aforesaid Jn Danett returned in person and opposed himself to the aforesaid Robt Steephens in the aforesaid plea and the aforesaid Robt Steephens although solemnly required did not return but in contempt of court went away and made default and upon this proclamation was three times made in this court 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 should be given thereof according to the custom of the aforesaid manor to make his claim and no one came and upon this the aforesaid Jn Danett sought judgement and seisin of the aforesaid tenement with appurtenances by the aforesaid default to be judged for him upon which it was considered by the court that the aforesaid Jn Danett should recover the aforesaid tenements with appurtenances against the aforesaid Jn Hodson to hold to the same said Jn Danett and his heirs according to the custom of the aforesaid manor in peace of the aforesaid Jn Hodson and his heirs and of the aforesaid Jn Mydleton and his heirs and of the aforesaid Robt Steephens forever and that the aforesaid Jn Hodson should have of the lands and tenements of the aforesaid Jn Mydleton within the jurisdiction of this court to the value etc and that the aforesaid Jn Mydleton furthermore should have of the lands and tenements of the aforesaid Robt Steephens within the jurisdiction of this court to the value etc and the same said Robt is in mercy etc and upon this the aforesaid Jn Danett sought a precept of the lord of this manor to the aforesaid bailiff of this manor to be directed to make 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 Jn Parker bailiff of the aforesaid manor and servant of this court having been ordered by the aforesaid precept to hand over seisin thereof as directed to him in all respects carried it out and executed 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 Jn Danett 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 Jn Danett now present in court in person sought thereof admittance for himself to whom the lord by his steward granted thereof seisin to hold the aforesaid tenements with appurtenances to the aforesaid Jn Danett 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 Jn Danett gave the lord his fine and made fealty and was admitted thereof tenant of the lord and afterwards sitting this present court came the aforesaid Jn Danett and in full and open court surrendered into the hands of the lord by the hands of his steward all the aforesaid premises with appurtenances viz two parcels of land containing by estimation 3a more or less etc to the use and behoof of the aforesaid Jn Hodson his heirs and assigns forever to whom the lord by his aforesaid steward granted thereof seisin to have to the same said Jn Hodson 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 as is shown in the margin     and made fealty to the lord and was admitted thereof tenant of the lord and next to this same court came both the aforesaid Jn Danett and the aforesaid Jn Mydleton and Robt Steephens 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 this court remitted released and confirmed to the aforesaid Jn Hodson in his full and peaceful possession and existing seisin according to the custom of the aforesaid manor and to his heirs and assigns all right estate title claim interest and demand whatsoever of and in the tenements and certain aforesaid premises 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 Jn Hodson and his heirs forever in peace from the aforesaid Jn Danett and his heirs and from the aforesaid Jn Mydleton and his heirs and from the aforesaid Robt Steephens and his heirs forever and for such aforesaid release Jn Hodson gave to the lord his fine as is shown in the margin