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Colne Priory Manor Court Rolls (ERO D/DPr22)

31.10.1633 (Thursday 31 October 1633)

document 34201141

and afterwards viz to this court came Roger Harlakenden gentleman in person and by the lord's licence complained against the aforesaid Wm Nevill of a plea of land viz of three messuages one orchard four gardens 20a of land 30a of pasture with appurtenances lying in Earls Colne and in the aforesaid Colne Engaine within the jurisdiction of this court and held of the lord of this manor as of the his manor by copy of a court roll at the will of the lord according to the custom of the aforesaid manor and he protested to present his aforesaid complaint against the aforesaid Wm Nevill in the form and nature of a writ of our lord the king of rightful letters patent a the common law according to the custom of the aforesaid manor and he found pledge to prosecute his complaint the aforesaid Jn Doo and Rich Roe and he sought process to be made thereof to hi m according to the custom of the aforesaid manor against the aforesaid Wm Nevill by the bailiff of the aforesaid manor to be directed returnable here at the next court to be held for the aforesaid manor for him to reply to the aforesaid Roger Harlakenden of the aforesaid plea and it was granted to him and the same day was given to the aforesaid Wm Nevill but the aforesaid Wm Nevill present here in court in person freely appeared and sought the licence of the court that he himself should be allowed to reply to the aforesaid Roger Harlakenden of the aforesaid plea without further process being directed against him and by the agreement of the said Roger Harlakenden it was granted to him and upon this the aforesaid Roger Harlakenden protested to present his complaint in the aforesaid form in person against the aforesaid Wm Nevill of the three messuages gardens orchards 20a of land 30a of pasture with appurtenances in Earls Colne and the aforesaid Colne Engaine within the jurisdiction of this court and held of the lord of this manor as of his aforesaid manor by the rod at the will of the lord according to the custom of the aforesaid manor etc and whereof the same said Roger Harlakenden says that he himself was seised of the aforesaid messuages gardens and other premises with appurtenances 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 etc by taking thereof the profits thereof etc to the value etc and whereof the aforesaid Wm Nevill unjustly took possession from him and that such should be his right etc and the aforesaid Wm Nevill in person came and defended his right to the aforesaid Roger Harlakenden and his seisin of such seisin etc and whenever etc and altogether etc and whatever etc and most of all of the messuages gardens lands and other premises with appurtenances as of fee and right etc and according to the custom of the aforesaid manor from a time customary and approved outside the memory of living man and he called thereof to warranty the aforesaid Wm Collyn who present here in court freely appeared and warranted to him the messuages lands and other premises with appurtenances and upon this the aforesaid Roger Harlakenden complained against the aforesaid Wm Collyn tenant by his aforesaid warranty for the aforesaid messuages lands and other premises with appurtenances in the aforesaid form and whereof he says that he himself was seised of such messuages lands and 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 etc and whereof the aforesaid Wm Nevill unjustly took possession from him and that such should be his right etc and upon this the aforesaid Wm Collyn tenant by his aforesaid warranty defended his aforesaid right to the aforesaid Roger Harlakenden and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the aforesaid messuages lands and other premises with appurtenances as of fee and right etc according to the custom of the aforesaid manor furthermore he calls thereof to warranty Jn Parker etc who present here in court in person freely appeared and warranted to him the messuages lands and other premises with appurtenances and upon this the aforesaid Roger Harlakenden complains against the aforesaid Jn Parker tenant by his aforesaid warranty of the aforesaid messuages lands and other premises with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid messuages lands and other premises with appurtenances in his demesne as of fee and right etc according to the custom of the aforesaid manor etc in the time of peace in the time of our lord the now king etc by taking thereof the profits etc to the value etc and whereof the aforesaid Wm Nevill unjustly took possession from him etc and that such should be his right etc and the aforesaid Jn Parker tenant by his aforesaid warranty defended his right to the aforesaid Roger Harlakenden and his seisin of such seisins etc and whenever etc and altogether etc and whatever etc and most of all of the aforesaid messuages lands and other premises with appurtenances as of fee and right and he placed himself upon the homage of this court in the 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 right to the aforesaid messuages lands and premises with appurtenances according to the custom of the aforesaid manor for himself and his heirs as tenant by his aforesaid warranty or that the aforesaid Roger Harlakenden should have the aforesaid messuages lands and other premises according to the custom of the aforesaid manor as having the superior claim and the aforesaid Roger Harlakenden sought licence thereof to implead until the hour of two o'clock this same day and it was given and the same hour was given to the aforesaid Jn Parker by their agreement and afterwards the aforesaid Roger Harlakenden returned here into court in person at the same hour of two but the aforesaid Jn Parker although solemnly required did not return but in contempt of court went away and made default upon which openly and publicly in this full court proclamation was three times made according to the custom of the aforesaid manor that if anyone should claim the aforesaid messuages lands and other premises with appurtenances or any parcel thereof of any right estate or title in the premises that he should come before final judgement is given according to the custom of the aforesaid manor to make his claim but no one came whereof the aforesaid Roger Harlakenden sought judgement to be adjudged that he should have seisin of the aforesaid messuages lands tenements and other premises with appurtenances upon which according to the custom of the aforesaid manor customarily used and approved beyond the memory of a living man it was considered by the court her e that the aforesaid Roger Harlakenden should recover his seisin against the aforesaid Wm Nevill of the aforesaid messuages lands and other premises with appurtenances to hold to the same Roger Harlakenden and his heirs forever at the will of the lord according to the custom of the aforesaid manor in peace from the aforesaid Wm Nevill and his heirs and from the aforesaid Wm Collyn and his heirs and from the aforesaid Jn Parker and his heirs and that the aforesaid Wm Nevill should have of the customary lands of the aforesaid Wm Collyn within the jurisdiction of this court to the value etc and that the aforesaid Wm Collyn should have of the lands of the said Jn Parker within the jurisdiction of this court to the value etc and that the aforesaid Jn Parker should be in mercy and upon this the aforesaid Roger Harlakenden according to the custom of the aforesaid manor sought the precept to be directed to the bailiff of the aforesaid manor and servant of this court to deliver full seisin of the premises with appurtenances in the aforesaid form of the recovery and it was granted to him returnable here at the hour of four o'clock this day the court sitting and afterwards at that same hour of four this same day in full and open court and the court sitting Edw Clerke bailiff of the aforesaid manor and servant of this court reported the aforesaid precept directed to him for delivering seisin carried out and executed in all respects viz that he himself by virtue of the aforesaid precept directed to him this same day delivered to the aforesaid Roger Harlakenden full seisin of the aforesaid premises with appurtenances it was carried out by him by the precept according to the custom of the aforesaid manor and upon this the lord of the aforesaid manor in further execution of the aforesaid recovery and at the petition of the said Roger Harlakenden by the aforesaid steward granted and delivered to him seisin thereof of the aforesaid messuages gardens orchards 20a of land and 30a of pasture 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 and he gave to the lord his fine etc and afterwards into the same court and the court sitting came the aforesaid Roger Harlakenden and surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid messuages gardens orchards and other premises with appurtenances by name one croft of land called Tredgols alias Glaciers and one parcel of land lying on the western side of Brockhole sometime of the lands of Jn Bird one parcel of land called Beanefield Wellfield and Bambles one croft of land called Murdons Croft one croft of land called Murdons one garden called Buggs Garden one close of pasture land now enclosed as two pastures and upon one of them a certain building the tile kiln one close of pasture with garden or little grove adjoining called Stulpitts one messuage with garden adjoining at Dodding Pollhoe one messuage or tenement called Wanstavis one croft of land called Howletts one croft of land with aldercarr called Smithes one croft of land sometime of Jn Sexten one messuage or tenement sometime of Rich Hoe and a pasture upon The Hoe late of Jn Wallis one garden called Heggs Garden and all other and other premises with appurtenances recovered in the aforesaid form to the use and behoof of the aforesaid Wm Nevill and his heirs forever to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold to himself 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 services and customs thereunto belonging and by right accustomed and he gave to the lord his fine