[an error occurred while processing this directive]

Colne Priory Manor Court Rolls (ERO D/DPr22)

9.1.1635 (Friday 9 January 1635)

document 34300082

and afterwards viz to this court came Edw Cressner in person and by licence of the lord complained against the aforesaid Roger Harlakenden of a plea of land viz of one messuage and 20a of land with appurtenances lying in Earls Colne in the county of Essex 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 of 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 Roo and 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 him the aforesaid Edw Cressner 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 Edw Cressner in the aforesaid plea without further process being directed against him and by the assent of the said Edw Cressner it was granted to him and upon this the aforesaid Edw Cressner protested to present his plea in the aforesaid form in person against the aforesaid Roger Harlakenden of the aforesaid messuage and 20a of land 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 the rod at the will of the lord according to the custom of the aforesaid manor and whereof the same said Edw Cressner 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 in person came and defended the aforesaid right to the aforesaid Edw Cressner and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the aforesaid messuage and other premises with appurtenances as of fee and right and according to the custom of the aforesaid manor used and approved from a time beyond the memory of man etc and he called thereof to warranty the aforesaid Jane Clench survivor of the said Hen who present here in court freely appeared and warranted to him the aforesaid messuage and other premises with appurtenances and upon this the aforesaid Edw Cressner complained against the aforesaid Jane Clench tenant by her aforesaid warranty of the aforesaid messuage and 20a of land with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid messuage and 20a 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 the profits etc and whereof the aforesaid Roger Harlakenden unjustly took possession from him etc and upon this the aforesaid Jane Clench tenant by her aforesaid warranty defended the aforesaid right to the aforesaid Edw Cressner and her seisin of such seisins and altogether etc and whatsoever etc and most of all of the aforesaid messuage and other premises with appurtenances as of fee and right and according to the custom of the aforesaid manor she called thereof to warranty Hen Cater who present here in court freely appeared and warranted to her the aforesaid messuage and other premises with appurtenances and upon this the aforesaid Edw Cressner complained against the aforesaid Hen Cater tenant by his aforesaid warranty for the aforesaid messuage and other premises with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid premises and 20a 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 etc by taking thereof the profits etc to the value etc and whereof the aforesaid Roger Harlakenden unjustly took possession from him and that such should be his right etc and the aforesaid Hen Cater tenant by his aforesaid warranty defended the aforesaid right to the aforesaid Edw Cressner and his seisin of such seisins etc and whenever etc and altogether etc and most of all of the aforesaid messuage 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 and 20a of land with appurtenances according to the custom of the aforesaid manor for himself and his heirs as tenant by his aforesaid warranty or the aforesaid Edw Cressner should have the aforesaid messuage and 20a of land with appurtenances according to the custom of the aforesaid manor as having the greater claim and the aforesaid Edw Cressner 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 Edw Cressner returned here into court in person at that same hour of two o'clock but the aforesaid Hen Cater 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 that if anyone would claim the aforesaid messuage lands and other premises with appurtenances or any parcel thereof or any right estate and title in the aforesaid premises that he should come before final judgement is returned according to the custom of the aforesaid manor to make his claim but no one came whereupon the aforesaid Edw Cressner sought judgement and seisin of the aforesaid messuage 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 beyond living memory it is considered by the court here that the aforesaid Edw Cressner should recover his seisin against the aforesaid Roger Harlakenden of the aforesaid messuage and other premises with appurtenances to hold to the same Edw Cressner 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 Jane Clench and her 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 Jane Clench within the jurisdiction of this court to the value and that the aforesaid Jane Clench should have of the customary lands of the aforesaid Hen Cater within the jurisdiction of this court to the value and that the aforesaid Hen Cater should be in mercy and upon this the aforesaid Edw Cressner according to the custom of the aforesaid manor sought a precept to be directed to the bailiff of the aforesaid manor and the servant of this court to make delivery to him of 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 same day the court sitting and afterwards at that same hour of four the same day in full and open court Edw Clarke bailiff of the aforesaid manor and servant of this court reported the aforesaid precept to make delivery of the 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 had made delivery to the aforesaid Edw Cressner full seisin of the premises with appurtenances according to the precept 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 Edw Cressner by the aforesaid steward granted and delivered to him seisin of the aforesaid messuage and other premises with appurtenances to have and to hold to him and his heirs forever from the lord by the rod at the will of the lord according to the custom of the aforesaid manor by the rents etc 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 Jane Clench and Hen Cater in person came and surrendered and by licence of the lord for themselves and their heirs remitted and quitclaimed to the aforesaid Edw Cressner and his heirs both all their right claim and interest whatsoever of and in the aforesaid messuage and other premises 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 Edw Cressner gave to the lord for a fine and afterwards into the same court and the court sitting came the aforesaid Edw Cressner in person and surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid messuage and 20a of land with appurtenances by name one messuage or cottage and 20a of land more or less with appurtenances called Sandhills to the use and behoof of the said Jane Clench the survivor of the said Hen Clench and the heirs and assigns of the said Jane forever to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid messuage or cottage and other premises with appurtenances to herself her heirs and assigns forever 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 she gave to the lord for a fine and made fealty