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Colne Priory Manor Court Rolls (ERO D/DPr21)

16.4.1623 (Wednesday 16 April 1623)

document 33800796

complaint whereof the first of this entry in an above mentioned roll at this sign and afterwards also at this same said court came Jas Pennock in person and complained against the aforesaid Jn Middleton the son and Hester his wife of a plea of land viz of a tenement or cottage and yard the aforesaid parcel of Sadlers in Earls Colne within the jurisdiction of this court and held of 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 Jn Middleton the son and Hester his wife 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 etc namely Jn Doo and Rich Roo and sought process thereof to be given to him against the aforesaid Jn Middleton the son and Hester returnable here at the next court to be held for the aforesaid manor etc and it was granted to him and the same day was given etc but the aforesaid Jn Middleton the son and Hester present here in court in person freely appeared and sought licence from the lord that they themselves should be allowed further process being directed against them and it was granted to them and upon this the aforesaid Jas Pennock in person complained against the aforesaid Jn Middleton the son and Hester of the aforesaid cottage or tenement and the aforesaid yard with appurtenances as his right and inheritance and whereof the same said Jas 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 Jn Middleton the son and Hester unjustly took possession from him and that such should be his right etc and the aforesaid Jn Middleton the son and Hester in person came and defended their right to the aforesaid Jas Pennock and their seisin of such seisins etc whenever etc and altogether etc and whatever etc and most of all of the aforesaid tenements with appurtenances as of fee and right according to the custom of the aforesaid manor established and approved from time out of memory of man and they called thereof to warranty Jn Middleton senior father of the aforesaid Jn the son who present here in court in person freely appeared and granted to them the aforesaid tenements with appurtenances and upon this the aforesaid Jas Pennock complained against Jn Middleton senior 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 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 Jn Middleton the son and Hester herself unjustly took possession from him and that such should be his right and upon this the aforesaid Jn Middleton senior tenant by his aforesaid warranty defended his right to the aforesaid Jas Pennock and his seisin of such seisin whenever etc and altogether etc and whatever etc 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 he further called thereof to warranty Jn Brownson who present here in court in person freely appeared and warranted to him the aforesaid tenement with appurtenances and upon this the aforesaid Jas Pennock complained against the aforesaid Jn Brownson 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 Jn Middleton the son and Hester unjustly took possession from him and that such should be his right and the aforesaid Jn Brownson tenant by his aforesaid warranty defended his right to the aforesaid Jas Pennock 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 according to the custom of the aforesaid manor and he put himself upon the great assize of our said lord the now king according to the custom of the aforesaid manor and he sought recognition thereof to be made either that he himself should have the greater right to hold the aforesaid tenements according to the custom of the aforesaid manor for himself and his heirs as tenants thereof by his aforesaid warranty or the aforesaid or the aforesaid Jas Pennock to have the aforesaid tenements with appurtenances according to the custom of the aforesaid manor as he himself seeks a superior claim and the aforesaid Jas Pennock 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 Brownson to be here etc and afterwards the aforesaid Jas Pennock returned here into court in person at that same hour of one o'clock but the aforesaid Jn Brownson 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 established and approved from a time out of memory of man it was considered by the court here that the aforesaid Jas Pennock should recover his seisin against the aforesaid Jn Middleton the son and Hester his wife of the aforesaid tenements with appurtenances to hold to the same said Jas and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Jn Middleton the son and Hester and their heirs and from the aforesaid Jn Middleton senior and his heirs and from the aforesaid Jn Brownson and his heirs and that the aforesaid Jn Middleton and Hester should have of the customary lands of the aforesaid Jn Middleton senior to the value etc within the jurisdiction etc and that the aforesaid Jn Middleton senior similarly should have of the customary lands of the aforesaid Jn Brownson to the value etc within the jurisdiction etc and that the same said Jn Brownson is in mercy and upon this the aforesaid Jas Pennock according to the custom of the aforesaid manor sought a precept from the lord of this manor to be directed to the bailiff of this same manor and minister of this court to hand over to him full seisin of the aforesaid tenements with appurtenances in the form of the aforesaid recovery and it was granted to him returnable here on this same day the court sitting and afterwards this same day into full court came the aforesaid Jas Pennock and Jn Parker bailiff of the aforesaid manor and minister of this court who now here in court swore that he himself by virtue of the aforesaid precept directed to him this same day has handed over to the aforesaid Jas Pennock seisin of the aforesaid tenements with appurtenances as by that precept it was directed to him according to the custom of the aforesaid manor and upon this in further execution of the aforesaid recovery by his steward the lord granted and delivered to the same said Jas Pennock seisin of and in the aforesaid tenements with appurtenances by the rod 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 etc     and made fealty and was admitted etc and afterwards in this same court the aforesaid Jas Pennock Jn Middleton senior and Jn Brownson surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid tenement or cottage in which the aforesaid Wm Middleton now lives parcel of the aforesaid tenement called Sadlers and the aforesaid yardroom containing by estimation 10p or thereabouts to the use of the aforesaid Jn the son and Hester his wife and the heirs and assigns of the aforesaid Jn Middleton the son forever to whom the same said Jn and Hester present here in court the lord by his aforesaid steward granted and delivered seisin by the rod to have to himself the aforesaid Jn Middleton the son and Hester and the heirs of Jn himself 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 they gave to the lord their fine and fealty thereof and were admitted etc