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Colne Priory Manor Court Rolls (ERO D/DPr21 together with rough copy of rolls D/DPr38)

31.5.1626 (Wednesday 31 May 1626)

document 33901367

a complaint in the nature of a writ of our lord of rightful letters patent to the common law and afterwards also at this same said court came Thos Fanninge in person and complained against the aforesaid Wm Aylett of a plea of land viz of 1a of land with appurtenances namely of a croft of the aforesaid land with appurtenances in Earls Colne within the jurisdiction of this court and held of the lord of this manor as of the same said manor by copy of a roll of court according to the custom of the same said manor and he protested to present his aforesaid claim against the aforesaid Wm Aylett 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 to be made for him thereof against the aforesaid Wm Aylett returnable here at the next court to be held for the aforesaid manor etc to reply to him the aforesaid Thos Fanninge of the aforesaid plea etc and it was granted to him etc and the same day was given etc but the aforesaid Wm Aylett present here in court in person freely appeared etc and sought licence of the court that he himself should be allowed to reply to the aforesaid Thos Fanninge in the aforesaid plea without further process being directed against him and it was granted to him and upon this the aforesaid Thos Fanninge in person complained against Wm Aylett himself for the croft of land containing by estimation 1a with appurtenances in the aforesaid 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 etc as his right and inheritance and whereof the same said Thos says that he himself was seised of the aforesaid croft of land 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 profits to the value etc and whereof the aforesaid Wm Aylett illegally took possession from him and that such should be his right etc and the aforesaid Wm Aylett in person came and defended his right to the aforesaid Thos Fanninge and his 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 known and approved from a time out of the memory of man and he called thereof to warranty the aforesaid Thos Price and Joan his wife who present here in court in person freely appeared and warranted the aforesaid tenements with appurtenances to him and upon this the aforesaid Thos Fanninge complained against Thos Price and Joan his wife themselves tenants by their aforesaid warranty for 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 nose king by taking thereof the profits to the value etc and whereof the aforesaid Wm Aylett unjustly took possession thereof from him and that such should be his right etc and upon this the aforesaid Thos Price and Joan tenants by their aforesaid warranty defended their right to the aforesaid Thos Fanninge and their seisin of such seisins 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 furthermore they called thereof to warranty Antho Tassell who present here in court in person freely appeared and warranted to them the aforesaid tenements with appurtenances and upon this the aforesaid Thos Fanninge complained against the aforesaid Antho Tassell tenant by his aforesaid warranty for 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 Wm Aylett unjustly was seised thereof from himself and that such should be his right etc and the aforesaid Antho Tassell tenant by his aforesaid warranty defended the aforesaid right to the aforesaid Thos Fanninge and his 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 and he placed himself thereof on 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 either that he himself should have the greater right to hold the aforesaid tenements with appurtenances according to the custom of the aforesaid manor for himself and his heirs as tenants thereof by his aforesaid warranty or the aforesaid Thos Fanninge by holding the aforesaid tenements with appurtenances according to the custom of the aforesaid manor that he himself should have the greater claim and the aforesaid Thos Fanninge 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 Antho Tassell here etc and afterwards the aforesaid Thos Fanninge returned here into court in person but the aforesaid Antho Tassell 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 acknowledged and approved beyond the memory of a living man it was considered by the court here that the aforesaid Thos Fanninge should recover his seisin against the aforesaid Wm Aylett of the aforesaid tenements with appurtenances to hold to the same said Thos and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Wm Aylett and his heirs and from the aforesaid Thos Price and Joan his wife and the heirs of Joan herself and from the aforesaid Antho Tassell and his heirs and that the aforesaid Wm Aylett should have of the customary lands of the aforesaid Thos Price and Joan his wife to the value etc within the jurisdiction etc and that the aforesaid Thos Price and Joan should have of the customary lands of the aforesaid Antho Tassell to the value etc within the jurisdiction etc and the same said Antho Tassell in mercy etc and upon this the aforesaid Thos Fanninge according to the custom of the aforesaid manor sought a precept from the lord of this same manor to be directed to the bailiff of the said manor and minister of this court that he should deliver to him full seisin thereof of the aforesaid tenements with appurtenances recovered in the aforesaid form and it was granted to him returnable here this same day the court sitting and afterwards this same day into full court came the aforesaid Thos Fanninge and Jn Parker bailiff of the aforesaid manor and servant of this court who now here in court swore that he himself by virtue of the aforesaid precept directed to him this same day delivered to the aforesaid Thos Fanninge seisin of the aforesaid tenements with appurtenances according to that same precept as directed to him according to the custom of the aforesaid manor etc and upon this the lord in further execution of the aforesaid recovery by his steward granted and delivered to the same said Thos Fanninge seisin of and in the aforesaid tenements 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 etc and made fealty to the lord and was admitted etc and afterwards in this same said court Wm Aylett Thos Price and the said Joan his wife and she herself first solely and secretly examined and acknowledged as is the custom and Antho Tassell surrendered remitted released and altogether quitclaimed for themselves and their heirs and the heirs of any of them in peace the aforesaid claim to Thos Fanninge into his full and peaceful possession and existing seisin all their right estate title claim interest and demand whatsoever of and in the premises thus viz etc and afterwards similarly the court sitting came the aforesaid Thos Fanninge in person and in this same full court surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid croft of land with appurtenances containing by estimation 1a to the use and behoof of Wm Aylett and his heirs who the same said Wm Aylett present here in court the lord by his aforesaid steward granted and delivered thereof seisin by the rod to have to him and his heirs 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 he made therefore his fine and fealty to the lord and was admitted etc