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Colne Priory Manor Court Rolls (ERO D/DPr21)

9.8.1620 (Wednesday 9 August 1620)

document 33700917

and afterwards to this court came Jn Read in person and by licence of the lord complained against the aforesaid Hen Clench and Jane his wife of a plea of land viz of one tenement lately built and the lands pertaining to the same commonly called Little Sandhills containing by estimation 20a situated in the aforesaid Earls Colne within the jurisdiction of this court held of the lord of the aforesaid manor by copy of court roll according to the custom of the aforesaid manor and he made protest to present his aforesaid complaint 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 the same said manor found pledge to present his aforesaid complaint in the aforesaid form viz Jn Doo and Rich Roo and he requested process for himself to be given thereunto according to the custom of the aforesaid manor against the aforesaid Hen Clench and Jane by the bailiff of the aforesaid manor to be directed against them to summon the aforesaid Hen Clench and Jane to reply to the aforesaid Jn Read of the aforesaid plea and it was granted to him etc and upon this the aforesaid Hen Clench and Jane present here in court in person freely without further process by licence of the court and by the agreement of the said Jn Read appeared and presented themselves to reply to the complaint of the said Jn Read and upon this the aforesaid Jn Read as the first complainant presented his aforesaid complaint in this same court in the aforesaid form against the aforesaid Hen Clench and Jane present here in court of the aforesaid tenements viz one tenement and 20a of land by estimation with appurtenances called Little Sandhills situated 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 claimed to hold to himself and his heirs from the lord of this manor as of this same 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 tenement 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 profits to the value etc and that such should be his right etc and the aforesaid Hen Clenche and Jane in person defended their right whenever etc and their seisin of such seisins etc and altogether etc 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 manor etc and they called thereof to warranty Rich Jollie who present here in court in person freely warranted the aforesaid tenements with appurtenances to them and upon this the aforesaid Jn Reade complained against the said Rich Jollie tenant by his warranty present here in court of the aforesaid tenements with appurtenances in the aforesaid form and whereof he said that he himself was seised of the aforesaid tenement 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 Rich Jollie in person came and defended his right whenever etc and his seisin of such seisins etc and altogether etc and whatever et c 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 called thereof to warranty Jn Rand who also here in court in person freely warrants to him the aforesaid tenements with appurtenances and upon this the aforesaid Jn Read complained against Jn Rand himself tenant by his warranty present here in court of 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 Jn Rand in person came and defended his right whenever etc and his seisin of such seisins 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 he put 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 thereof to be either to himself that he should have the 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 same tenements or the aforesaid Jn Read should have the right to have the aforesaid tenements with appurtenances as the superior claim and the aforesaid Jn Read sought licence to implead until the hour of one o'clock this same day and it was granted to him and the same hour was given to Jn Rand here by their agreement etc and afterwards let it be known at that hour of one o'clock this same day the aforesaid Jn Read returned in person and placed himself against the aforesaid Jn Rand in the aforesaid plea and the aforesaid Jn Rand although solemnly required did not return but in contempt of court went away and made default upon which proclamation openly and publicly in this full court was made three times according to the custom of the aforesaid manor that if anyone would claim the aforesaid tenement or any right estate title claim or demand thereunto he should come before final judgement thereof is given according to the custom of the aforesaid manor to make his claim and no one came and upon this the aforesaid Jn Read sought judgement and seisin of the aforesaid tenement with appurtenances by the aforesaid default to be adjudged for him upon which it is considered by the court that the aforesaid Jn Read should recover his seisin of the aforesaid tenements with appurtenances against the aforesaid Hen Clenche and Jane to hold to the same said Jn Read and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Hen Clench and Jane and their heirs and from the aforesaid Rich Jollie and his heirs and from the aforesaid Jn Rand and his heirs forever and that the said Hen Clenche and Jane should have of the lands and tenements of the aforesaid Rich Jollie within the jurisdiction of this court to the value etc and that the said Rich Jollie furthermore should have of the lands and tenements of the aforesaid Jn Rand within the jurisdiction of this court to the value etc and that the said Jn Rand is in mercy etc and upon this the aforesaid Jn Read sought a precept from the lord of the aforesaid manor to be directed to the bailiff of this manor to deliver to him full seisin of the aforesaid tenements according to the custom of the aforesaid manor and it is granted to him returnable here at the 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 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 Read 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 Read now present in court in person sought for himself admittance thereof to whom the lord by his aforesaid steward granted thereof seisin to hold the aforesaid tenements with appurtenances to the same said Jn Read 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 and was admitted thereof tenant of the lord and afterwards this present court sitting came the aforesaid Jn Read and in full and open court surrendered into the hands of the lord by the hands of his aforesaid steward all the aforesaid premises viz all that tenement and customary lands with appurtenances called Sandhills to the use and behoof of Hen Clenche and Jane and the heirs of their bodies legitimately procreated and in default of such issue the remainder thereof to the next heirs of Hen Clenche himself forever to whom the lord by his aforesaid steward granted to them the aforesaid Hen Clenche and Jane seisin of the aforesaid premises in the aforesaid manner and form 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 they gave to the lord their fine and made fealty and were admitted thereof tenants of the lord and next into this same court came both the aforesaid Jn Read and the aforesaid Rich Jollie and Jn Rand in person and in full and open court surrendered into the hand of the lord by the hands of his aforesaid steward and by licence of the lord remitted released and confirmed to the aforesaid Hen Clenche and Jane into their full and peaceful possession and existing seisin according to the custom of the aforesaid manor to their heirs and assigns all right estate title interest and demand whatsoever of and in the aforesaid premises 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 Hen Clenche and Jane and their heirs in peace from the aforesaid Jn Read and his heirs and from the aforesaid Rich Jollie and his heirs and from the aforesaid Jn Rand and his heirs forever and for such a release the said Hen Clench and Jane gave to the lord their fine as is shown in the margin     and afterwards this court sitting came Wm Jollie son of Jn Jollie son of Robt Jollie and surrendered and released into the hands of the lord of the aforesaid manor all his right title claim demand and interest whatsoever which the aforesaid Wm Jollie should have or at any time in the future may have or his heirs may have in the abovementioned tenement and lands called Sandhills or in any part thereof to the use and behoof of Hen Clenche and Jane his wife and their heirs in their full and peaceful existing possession