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Colne Priory Manor Court Rolls (ERO D/DPr22)

18.5.1630 (Tuesday 18 May 1630)

document 34100191

to this court came Edw Cressner gentleman in person and in full and open court surrendered into the hands of the lord by the hands of his steward there two closes or parcels of arable land called Andrewes and Byrchetts containing altogether by estimation 5a more or less held of the aforesaid manor by copy of a roll of court and lying in the parish of Earls Colne to the use and behoof of Rich Bulwer and his heirs forever to whom the same said Rich Bulwer present here in court the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have the aforesaid two closes or parcels of land to the aforesaid Rich Bulwer 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 services and customs thereunto belonging and by right accustomed and he gave to the lord his fine and fealty and afterwards let it be know to this court came Roger Brownson in person and by licence of the lord complained against the aforesaid Rich Bulwer of a plea of land viz of the aforesaid said 5a of land viz of the aforesaid 5a of land 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 roll of court of the will of the lord according to the custom of the aforesaid manor and he protested to present his aforesaid complaint against the aforesaid Rich Bulwer in the form and nature of a writ of our lord the now king of rightful letters patent at the common law according to the custom of the aforesaid manor and he found pledge to present his aforesaid plea namely Jn Doo and Rich Roo and sought process to be made thereof to him according to the custom of the aforesaid manor against the aforesaid Rich Bulwer by the bailiff of the aforesaid manor to be directed returnable here at the next court to be held for the aforesaid manor in order to reply to him the aforesaid Roger Brownson of the aforesaid plea and it was granted to him and the same day was given etc but the aforesaid Rich Bulwer present here in court in person freely appeared and sought licence of the court that he should be allowed to reply to the aforesaid Roger Brownson in the aforesaid plea without further process being directed against him and by the agreement of the said Roger Brownson it was granted to him and upon this the aforesaid Roger Brownson and the first complainant in the aforesaid form in person complained against the aforesaid Rich Bulwer of the aforesaid tenements viz the aforesaid two closes or parcels of arable land with appurtenances called Andrewes and Burchetts containing by estimation 5a more or less 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 according to the custom of the aforesaid manor and which he claims to hold for himself and his heirs from the lord of this manor as of the aforesaid manor by the rod at the will of the lord etc and whereof the same said Roger says that he himself was seised of the aforesaid two closes or parcels of arable land in his demesne as of fee and right according to the custom of the aforesaid manor at the will of the lord etc 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 Rich Bulwer unjustly took possession from him etc and that such should be his right etc and the aforesaid Rich Bulwer in person came and defended his right to the aforesaid Roger Brownson and his seisin of such seisin etc and whenever etc and altogether etc and whatever etc and most of all of the aforesaid tenements with appurtenances as of fee and right etc and according to the custom of the aforesaid manor etc from a time which is beyond the memory of man etc customary and approved and he calls thereof to warranty the aforesaid Edw Cressner who present here in court freely appeared and warranted to him the aforesaid tenements with appurtenances and upon this the aforesaid Roger Brownson complained against the aforesaid Edw Cressner 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 etc 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 Rich Bulwer unjustly took possession from him etc and that such should be his right and upon this the aforesaid Edw Cressner tenant by his aforesaid warranty defended his right to the aforesaid Roger Brownson 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 and according to the custom of the aforesaid manor furthermore he called to warranty Dan Lea etc who present here in court in person freely appeared and warranted to him the aforesaid tenements and upon this the aforesaid Roger Brownson complained against the aforesaid Dan Lea tenant by the 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 profits to the value etc and whereof the aforesaid Rich Bulwer unjustly took possession from him and that such should be his right and the aforesaid Dan Lea tenant by his aforesaid warranty defended his right to the aforesaid Roger Brownson and his seisin of such seisins etc and 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 in place and authority of the great assize of our lord the king at the common law according to the custom of the aforesaid manor and he sought recognition thereof to be either that he himself should have the greater claim 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 Roger Brownson by holding the aforesaid tenements with appurtenances according to the custom of the aforesaid manor he should have for himself the superior claim and the aforesaid Roger Brownson sought licence thereof to implead until the hour of four o'clock this same day and that same hour was given to the aforesaid Dan Lea by the assent etc and afterwards the aforesaid Roger Brownson returned here into court in person at that same hour of four but the aforesaid Dan Lea although solemnly required did not return but in contempt of court went away and made default upon which openly and publicly in this same full court proclamation was three times made according to the custom of the aforesaid manor that if anyone would claim the aforesaid two closes or parcels of arable land or any parcel thereof with appurtenances or any right estate or title that he should come before final judgement should be returned thereof according to the custom of the aforesaid manor to make his claim but no one came whereupon the aforesaid Roger Brownson sought judgement and seisin of the aforesaid tenements to be given to him to be given to him upon which according to the custom of the aforesaid manor used and approved from time outside the memory of man considered by the court here that the aforesaid Roger Brownson should recover his seisin against the aforesaid Rich Bulwer of the aforesaid two closes or parcels of land with appurtenances to hold to the same said Roger Brownson and his heirs forever at the will of the lord according to the custom of the aforesaid manor in peace from the aforesaid Rich Bulwer and his heirs and from the aforesaid Edw Cressner and his heirs and from the aforesaid Dan Lea and his heirs and that the aforesaid Rich Bulwer should have of the customary lands of the aforesaid Edw Cressner within the jurisdiction of this court to the value etc and that the aforesaid Edw Cressner should have of the customary lands of the aforesaid Dan Lea within the jurisdiction of this court to the value etc and the aforesaid Dan Lea should be in mercy and upon this the aforesaid Roger Brownson according to the custom of the aforesaid manor sought a precept from the court to be directed to the bailiff of the same said manor and servant of this court that he should make full seisin of the aforesaid premises with appurtenances recovered in the aforesaid form and it was granted to him returnable here at the hour of five o'clock this same day the court sitting and afterwards at that same hour of five that same day in full court and the court sitting Jn Parker bailiff of the aforesaid manor and servant of this court reported the aforesaid precept directed to him for delivering seisin carried our and executed in call respects viz that he himself by virtue of the aforesaid precept directed to him this same day delivered to the aforesaid Roger Brownson full seisin of the aforesaid premises it was carried out by the precept by him according to the custom of the aforesaid manor and furthermore the lord of the aforesaid manor in further execution of the aforesaid recovery and at the petition of the said Roger Brownson by his aforesaid steward granted and delivered to the same said Roger Brownson seisin of the aforesaid two closes or parcels of land by the rod to have to him and his heirs to hold from the lord etc and he gave to the lord his fine and afterwards similarly the court sitting the aforesaid Rich Bulwer Edw Cressner and Dan Lea in person surrendered into the hands of the lord by the hands of his steward and by licence of the lord for themselves and their heirs and any of them remitted released and quitclaimed to the aforesaid Roger Brownson into his full and peaceful seisin and existing possession and to his heirs all their right estate title and demand and for any of them of and in the aforesaid two closes or parcels of land 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 and for such a licence the aforesaid Roger gave to the lord a fine etc and afterwards in the said court the court sitting came the aforesaid Roger Brownson in person and surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid two closes or parcels of land called Andrewes and Burchetts with appurtenances to the use and behoof of Edw Cressner and his heirs forever to whom the lord by his aforesaid steward granted and delivered thereof seisin by the rod to have the aforesaid two closes or parcels of land with appurtenances to the aforesaid Edw Cressner his heirs and assigns forever to hold from the lord by the rod at the will of the lord etc by the rents and services thereunto belonging etc and he paid his fine etc