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Colne Priory Manor Court Rolls (ERO D/DPr21)

16.4.1623 (Wednesday 16 April 1623)

document 33800456

complaint in the nature of a writ of our lord the now king of rightful letters patent at the common law and afterwards also into this same court came Jn Brownson in person and complained against the aforesaid Thos Smyth of a plea of land namely of 2a2r of land with appurtenances namely of the aforesaid croft of land now divided into two with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court and held from the lord of this manor as of his aforesaid manor by copy of a court roll according to the custom of the same said manor and he protested to present his aforesaid complaint against the aforesaid Thos Smythe in the form and nature of a writ of our lord the now king of rightful letters patent at the common law and he found pledge to prosecute namely Jn Doo and Rich Roo and he sought process thereof to be for himself against the aforesaid Thos Smythe returnable here at the next court to be held for the aforesaid manor to reply to him the aforesaid Jn Brownson of the aforesaid plea and it was granted to him etc and the same day was given etc but the aforesaid Thos Smyth present here in court in person freely appeared and sought licence of the court that he himself as directed to him should be allowed to reply to the aforesaid Jn Brownson in the aforesaid plea without further process against him and it was granted to him and upon this the aforesaid Jn Brownson in person complained against the aforesaid Thos Smyth himself of the aforesaid 2a2r of land with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court and held of the lord of this manor as of the aforesaid manor by copy of a court roll etc as his right and inheritance and whereof the same said Jn says that he himself was seised of the aforesaid tenement with appurtenances in his demesne as of fee and right 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 whereof the aforesaid Thos Smythe unjustly took possession from him and that such should be his right etc and the aforesaid Thos Smythe in person came and defended his right to the aforesaid Jn Brownson and his seisin of such seisins etc whenever etc and altogether etc and whatever etc and most of all of the aforesaid tenement with appurtenances as of fee and right and according to the custom of the aforesaid manor from the time outside living memory and he called thereof to warranty Jn Middleton who present here in court in person freely appeared and warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Jn Brownson complained against Jn Middleton himself tenant by his aforesaid warranty 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 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 whereof the aforesaid Thos Smythe illegally took possession from him and that such should be his right etc and upon this the aforesaid Jn Middleton tenant by his aforesaid warranty defended his right to the aforesaid Jn Brownson and his seisin of such seisins etc whenever etc and altogether etc and whatsoever and most of all of the aforesaid tenements with appurtenances as of fee and right and according to the custom of the aforesaid manor and furthermore he called thereof to warranty Jn Reade who present here in court in person freely appeared and warranted to him the aforesaid tenement with appurtenances and upon this the aforesaid Jn Brownson complained against the aforesaid Jn Reade himself tenant by his aforesaid warranty of the aforesaid tenement 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 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 whereof the aforesaid Thos Smythe illegally took possession from him etc and that such should be his right etc and the aforesaid Jn Reade tenant by his warranty defended his right to the aforesaid Jn Brownson and his seisin of such seisin etc whenever etc and altogether etc and whatever etc and most of all of the aforesaid tenement with appurtenances as of fee and right according to the custom of the aforesaid manor and he placed himself thereupon on the great assize of our lord the now king according to the custom of the aforesaid manor and sought recognition thereof to be made either that he himself should have the greater right to hold the aforesaid tenement with appurtenances according to the custom of the aforesaid manor for himself and his heirs and tenant thereof by his aforesaid warranty or the aforesaid Jn Brownson to have the aforesaid tenement with appurtenances according to the custom of the aforesaid manor as he himself seeks the greater right and the aforesaid Jn Brownson sought licence thereof to implead until the hour of one o'clock this same day and it was granted and the same hour was given to the aforesaid Jn Reade here etc and afterwards the aforesaid Jn Brownson returned here into court in person at that same hour of one o'clock but the foresaid Jn Reade although solemnly required did not return but in contempt of court went away and made default therefore according to the custom of the aforesaid manor from a time established and approved beyond memory of man it was considered by the court here that the aforesaid Jn Brownson should recover his seisin against the aforesaid Thos Smyth of the aforesaid tenements with appurtenances to hold to the same said Jn and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Thos Smyth and his heirs and from the aforesaid Jn Middleton and his heirs and from the aforesaid Jn Reade and his heirs and that the aforesaid Thos Smythe should have of the customary lands of the aforesaid Jn Middleton to the value etc within the jurisdiction etc and that the aforesaid Jn Middleton similarly should have of the customary lands of the aforesaid Jn Reade to the value etc within the jurisdiction etc and the same said Jn Reade in mercy and upon this the aforesaid Jn Brownson according to the custom of the aforesaid manor sought a precept from the lord of the manor to the same bailiff of the said manor and minister of this court to be directed to hand over to him full seisin of the aforesaid tenement with appurtenances recovered in the aforesaid form and it was granted to him returnable here this same day with the court sitting and afterwards this same said day into full court came the aforesaid Jn Brownson and Jn Parker bailiff of the aforesaid manor and minister of this court who now here in court ordered that he himself by virtue of the aforesaid precept directed to him this same day had handed over to the aforesaid Jn Brownson seisin of the aforesaid tenement with appurtenances according to that same precept which was directed to him according to the custom of the aforesaid manor etc and furthermore the lord in further execution of the aforesaid recovery by his steward granted and delivered to the same said Jn Brownson seisin of and in the aforesaid tenement with appurtenances by the rod to have to him 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 customs 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 etc and afterwards in this same court the aforesaid Jn Brownson Thos Smythe Jn Middleton and Jn Reade surrendered into the hands of the lord by the hands of the said steward the said customary lands now divided into two called Spilwaters Croft with appurtenances and all right estate interest and their demand whatsoever of and in the same with this intention that the lord at this same court should regrant the aforesaid croft of land and other premises with appurtenances to the aforesaid Thos Smyth senior and Agnes now his wife for and during the term of their lives and to the longer liver the remainder thereof after their decease to Mary Smyth one of the daughters of the aforesaid Thos and Agnes and the heirs of her body legitimately to be procreated and in default of such issue the remainder thereof to Edith Smyth and Eliz Smyth two other daughters of the aforesaid Thos and Agnes t heir heirs and assigns forever to whom the same said Thos and Agnes present here in court the lord by his aforesaid steward regranted and delivered thereof seisin by the rod to have to them for their lifetimes and to the longer liver the remainder thereof after their decease to the aforesaid Mary Smyth and the heirs of her body legitimately to be procreated and in default of such issue the remainder to the aforesaid Edith and Eliz Smyth and the heirs and assigns of Edith and Eliz themselves forever 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 customs and services thereunto belonging and by right accustomed and the aforesaid Thos Smyth made fine and fealty to the lord and thus the aforesaid Thos and Agnes his wife were admitted thereof tenants etc but the admission fine and fealty of the aforesaid Mary and the others in remainder were respited