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Colne Priory Manor Court Rolls (ERO D/DPr22)

6.8.1634 (Wednesday 6 August 1634)

document 34202232

and afterwards viz to this court came Ambrose Waller in person and by licence of the lord complained against the aforesaid Roger Harlakenden of a plea of land viz of one messuage 4a of land 4a of meadow and 20a of pasture with appurtenances lying 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 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 Roger Harlakenden in the form and nature of a writ of our lord the king or rightful letters patent at the common law according to the custom of the aforesaid manor and he found pledge to prosecute his aforesaid complaint Jn Doo and Rich Roe and he sought process thereof to be given to him according to the custom of the aforesaid manor against the aforesaid Roger Harlakenden by the bailiff of the aforesaid manor to be directed returnable here at the next court to be held for the aforesaid manor to reply to the aforesaid Ambrose Waller of the aforesaid plea and it was granted to him and the same day was given to the aforesaid Roger Harlakenden but the aforesaid Roger Harlakenden present here in court in person freely appeared and sought licence of the court that he himself should be allowed to reply to the aforesaid Ambrose Waller of the aforesaid plea without further process thereof to be directed against him and by the agreement of the said Ambrose Waller it was granted to him and upon this the aforesaid Ambrose Waller protested to present his complaint in the aforesaid form in person against the aforesaid Roger Harlakenden of the aforesaid messuage 4a of land 4a of meadow 20a of pasture 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 the rod at the will of the lord according to the custom of the aforesaid manor and whereof the same said Ambrose Waller says that he himself was seised of the aforesaid messuage lands 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 etc to the value etc and whereof Roger Harlakenden himself unjustly took possession from him etc and that such should be his right etc and the aforesaid Roger Harlakenden came in person and defended his right to the aforesaid Ambrose Waller and his seisin of such seisins etc and whenever etc and altogether etc and whatever etc and most of all of the messuage and aforesaid lands and other premises with appurtenances as of fee and right and according to the custom of the aforesaid manor from a time used and approved outside the memory of a man etc and he called thereof to warranty the aforesaid Thos Smyth who present here in court freely appeared and warranted to him the aforesaid messuage and other premises with appurtenances and upon this the aforesaid Ambrose Waller complained against the aforesaid Thos Smyth tenant by his aforesaid warranty for the aforesaid messuage lands and other premises with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid messuage lands and other premises 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 Roger Harlakenden unjustly took possession from him etc and that such should be his right etc and upon this the aforesaid Thos Smyth tenants by his aforesaid warranty defended his right to the aforesaid Ambrose Waller and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the aforesaid messuage lands and other premises with appurtenances as of fee and right and according to the custom of the aforesaid manor and he called thereof to warranty Hen Cater etc who present here in court freely appeared and warranted to him the aforesaid messuage lands and other premises with appurtenances and upon this the aforesaid Ambrose complained against the aforesaid Hen Cater tenant by his aforesaid warranty of the aforesaid messuage lands and other premises with appurtenances in the aforesaid form etc and whereof he says that he himself was seised of the aforesaid messuage lands and other premises 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 etc by taking thereof the profits etc to the value etc and whereof the aforesaid Roger Harlakenden unjustly took possession from him etc and that such should be his right etc and the aforesaid Hen Cater tenant by his aforesaid warranty defended his right to the aforesaid Ambrose Waller and his seisin of such seisin etc and whenever etc and altogether etc and whatever etc and most of all of the aforesaid messuage 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 messuage lands and other premises with appurtenances according to the custom of the aforesaid manor to him and his heirs as tenant by his aforesaid warranty or the aforesaid Ambrose Waller by having the aforesaid messuage lands and other premises with appurtenances according to the custom of the aforesaid manor he should have the greater right and the aforesaid Ambrose Waller sought licence thereof to implead until the hour of two o'clock this same day and it was granted and the same hour was given to the aforesaid Hen Cater by general agreement and afterwards the aforesaid Ambrose Waller returned here into court in person at that same hour of two but the aforesaid Hen Cater although solemnly required did not return but in contempt of court went away and made default upon this openly and publicly in this full court proclamation was three times made according to the custom of the aforesaid manor that if anyone would claim the aforesaid messuage lands and other premises with appurtenances or any parcel thereof or 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 whereupon the aforesaid Ambrose Waller sought judgement and seisin of the aforesaid messuage lands and other premises with appurtenances to be adjudged for him upon which according to the custom of the aforesaid manor used and approved from a time outside the memory of man it was considered by the court here that the aforesaid Ambrose Waller should recover his seisin against the aforesaid Roger Harlakenden of the aforesaid messuage lands and other premises with appurtenances to hold the same to Ambrose Waller and his heirs at the will of the lord according to the custom of the aforesaid manor in peace from the aforesaid Roger Harlakenden and his heirs and from the aforesaid Thos Smyth and his heirs and from the aforesaid Hen Cater and his heirs and that the aforesaid Roger Harlakenden should have of the customary lands of the aforesaid Thos Smyth within the jurisdiction of this court to the value etc and that the aforesaid Thos Smyth should have of the customary lands of the aforesaid Hen Cater within the jurisdiction of this court to the value etc and that the aforesaid Hen Cater should be in mercy and upon this the aforesaid Ambrose Waller according to the custom of the aforesaid manor sought a precept to be directed to the bailiff of the aforesaid manor and servant of this court to make over to him full seisin of the premises with appurtenances in the form of the aforesaid 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 on the same day in full and open court and the court sitting Edw Clarke bailiff of the aforesaid manor and minister of this court reported the aforesaid precept for delivering seisin as directed to him to have been carried out and executed in all respects viz that he himself by virtue of the aforesaid precept directed to him this same day handed over to the aforesaid Ambrose Waller full seisin of the premises with appurtenances as the precept was to 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 Ambrose Waller by the aforesaid steward granted and delivered thereof seisin of the aforesaid messuage 4a of land 4a of meadow and 20a of pasture with appurtenances 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 for a fine etc and afterwards the court sitting and in full and open court the aforesaid Roger Harlakenden Thos Smyth and Hen Cater in person came and surrendered into the hands of the lord by the hands of his aforesaid steward and by licence of the lord for themselves and their heirs remitted and quitclaimed to the aforesaid Ambrose Waller and his heirs all their right claim and demand whatsoever of and in the aforesaid messuage and other premises 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 the aforesaid licence Ambrose Waller gave to the lord for fine etc and afterwards in this same court and the court sitting came the aforesaid Ambrose Waller and surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid messuage lands and other premises with appurtenances by name certain lands and tenements called Loshes and Fowle Meade with appurtenances to the use and behoof of the aforesaid Thos Smyth his heirs and assigns forever to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid premises with appurtenances to the aforesaid Thos Smyth his heirs and assigns 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 for a fine and made fealty and was admitted etc