Colne Priory Manor Court Rolls (ERO D/DPr22)

11.12.1638 (Thursday 11 December 1638)

document 34401857

and afterwards viz to this court came Edw Clarke in person and by licence of the lord complained against the aforesaid Hen Ennewe of a plea of land viz of one garden with appurtenances lying in the aforesaid Earls Colne within the jurisdiction of this court held of the lord of the aforesaid manor at the will of the lord by copy of a court roll according to the custom of the aforesaid manor he made protest to present his aforesaid plea against the aforesaid Hen Ennewe in this same court in the form and nature of a writ of our lord the now king of rightful letters patent at the common law and according to the custom of the aforesaid manor he found pledge to prosecute in the aforesaid form viz Jn Doe and Rich Roe and he sought process thereof to be for him according to the custom of the aforesaid manor against the aforesaid Hen Ennewe by the bailiff of the aforesaid manor to be directed to him returnable here at the next court to be held for the aforesaid manor to reply to the aforesaid Edw Clarke of the aforesaid plea and it was granted to him and the same day was given to the aforesaid Hen Ennewe but the aforesaid Hen Ennewe present here in court in person freely appeared and sought licence from the court that he himself should be allowed to reply to the aforesaid Edw Clarke without further process being directed against him and by the agreement of the said Edw Clarke it was granted to him and upon this the aforesaid Edw Clarke as the first protestant presented his aforesaid complaint in the aforesaid form against the said Hen Ennewe for the aforesaid tenement viz one garden with appurtenances situated in the aforesaid Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the aforesaid manor which he claimed to hold for himself and his heirs from the lord of this manor as of the same manor by the rod at the will of the lord according to the custom of the aforesaid manor etc and whereof he says that he himself was seised of the aforesaid tenement with appurtenances in his demesne as of fee and right at the will of the lord 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 to the value etc and whereof the aforesaid Hen Ennewe unjustly took possession from him and that such should be his right etc and the aforesaid Hen Ennewe in person defended the aforesaid right to the aforesaid Edw Clarke etc and his seisin of such seisin etc and whenever etc and altogether etc and whatever etc and most of all of the aforesaid tenement with appurtenances in his demesne 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 and he called thereof to warranty the aforesaid Wm Bricke and Marcia his wife who present here in court in person freely warranted to him the aforesaid tenement and upon this the aforesaid Edw Clarke complained against the aforesaid Wm Bricke and Marcia tenants by their warranty of the aforesaid tenement with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid tenement with appurtenances in his demesne as of fee and right at the will of the lord 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 Hen Ennew unjustly took possession and that such should be his right etc and upon this the aforesaid Wm Bricke and Marcia in person came and defended the said right to the said Edw Clarke etc and whenever etc and their seisin of such seisin etc and whatever and most of all of the aforesaid tenements in their demesne as of fee and right according to the custom of the aforesaid manor and furthermore they called thereof to warranty Israel Ennewe who present in court in person freely warranted to them the aforesaid tenement with appurtenances and upon this the aforesaid Edw Clarke complained against the aforesaid Israel Ennewe tenant by his aforesaid warranty in the aforesaid form for the aforesaid tenement with appurtenances in the aforesaid form and whereof he says that he himself was seised of the aforesaid tenement with appurtenances in his demesne as of fee and right 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 to the value etc and whereof the aforesaid Hen Ennewe unjustly took possession from him and that such should be his right etc and upon this the aforesaid Israel Ennewe in person came and defended his right whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the aforesaid tenement with appurtenances in his demesne as of fee and right according to the custom of the aforesaid manor and he placed himself upon the homage of this court in the place and authority of the great assize of our lord the now king at the common law according to the custom of the aforesaid manor and he sought recognition to be either that he himself should have the greater right to hold the aforesaid tenements with appurtenances for himself and his heirs at the will of the lord according to the custom of the aforesaid manor as tenant by his aforesaid warranty or the aforesaid Edw Clarke should have the right to hold the aforesaid tenement with appurtenances as having the greater claim and the aforesaid Edw Clarke sought licence thereof to implead until the hour of three o'clock this day and it was granted to him the same hour was given the aforesaid Israel Ennewe by agreement and afterwards let it be known that at that hour of three o'clock this same day the aforesaid Edw Clarke returned in person and placed himself against the aforesaid Israel Ennewe in the aforesaid plea and the aforesaid Israel Ennewe 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 is anyone would claim the aforesaid tenement or any right estate title or demand thereof he should come before final judgement thereof was given according to the custom of the aforesaid manor to make his claim and no one came and upon this the aforesaid Edw Clarke sought judgement and seisin of the aforesaid tenements with appurtenances to be adjudged for him by the aforesaid default upon which according to the custom of the aforesaid manor it is considered by the court that the aforesaid Edw Clarke should recover his seisin of the aforesaid garden with appurtenances against the aforesaid Hen Ennewe to hold to the same Edw Clarke and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Hen Ennewe and his heirs and from the aforesaid Wm Bricke and Marcia his wife and the heirs of the said Marcia and from the aforesaid Israel Ennewe and his heirs forever and that the said Hen Ennewe should have of the land and tenements of the aforesaid Wm and Marcia in the right of Marcia herself within the jurisdiction of this court to the value etc and that the aforesaid Wm Brick and Marcia should have of the lands and tenements of the said Israel Ennewe within the jurisdiction of this court to the value and that Israel Ennewe is in mercy and upon this the same Edw Clarke according to the custom of the aforesaid manor sought a precept for the lord of this manor to be directed to the bailiff of the aforesaid manor to hand over to him full seisin of the aforesaid tenements according to the custom of the aforesaid manor 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 in full court and the court sitting Wm Brand bailiff of the aforesaid manor and servant of this court reported the aforesaid precept to hand over seisin to him as directed to have been carried out and executed in all respects according to the custom of the aforesaid manor viz that he himself by virtue of the aforesaid precept directed to him handed over to the aforesaid Edw Clarke full seisin of the aforesaid tenement with appurtenances as by the aforesaid precept to him directed it was ordered and upon this the lord of the aforesaid manor in further execution of the aforesaid recovery and at the petition of the said Edw Clarke by the aforesaid steward granted and delivered to him seisin of the aforesaid tenements with appurtenances to have and to hold the aforesaid tenements with appurtenances thus in the form of the aforesaid recovery to the aforesaid Edw Clarke his heirs and assigns forever from the lord by the rod at the will of the lord according to the custom of the aforesaid manor and he gave for a fine etc and afterwards the court sitting came the aforesaid Edw Clarke in person and in full and open court surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid garden with appurtenances to the use and behoof of the said Hen Ennewe his heirs and assigns forever who present in court humbly sought admittance to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid garden with appurtenances to himself 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 services and customs thereunto belonging and by right accustomed and he gave to the lord for a fine and made fealty and was admitted tenant and next in this court came both the aforesaid Edw Clarke Wm Bricke and Marcia his wife she herself solely and secretly examined by the steward of the court as is the custom and the said Israel Ennewe in person and surrendered into the hands of the lord by the hands of the aforesaid steward all and singular the premises and by licence of the lord remitted released and confirmed for themselves and their heirs and each of them to the aforesaid Hen Ennewe in his full and peaceful possession and existing seisin according to the custom of the aforesaid manor to his heirs and assigns all right estate title interest and demand whatsoever of and in the aforesaid 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 of any parcel thereof to the use and behoof of the said Hen Ennewe his heirs and assigns in peace from the aforesaid Edw Clarke and his heirs and from the aforesaid Wm Bricke and Marcia and the heirs of the said Marcia and from the aforesaid Israel Ennewe and his heirs and for such a release the aforesaid Hen Ennewe gave to the lord for a fine