and afterwards viz to this court came Ambrose Waller in person and by licence of the lord complained against the aforesaid Jas Pennock of a plea of land viz of 5a of land and 5a of pasture with appurtenances lying in the aforesaid Earls Colne within the jurisdiction of this court and 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 and he made protest to present his aforesaid complaint against the aforesaid Jas Pennock in this 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 present his complaint in the aforesaid form Jn Doe and Rich Roe and he sought process to be made for himself thereof according to the custom of the aforesaid manor against the aforesaid Jas Pennock 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 Jas Pennock but the aforesaid Jas Pennock 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 Ambrose Waller without further process being directed against him and by the agreement of the said Ambrose Waller it was granted to him and upon this the aforesaid Ambrose Waller as the first complainant complained in the aforesaid form against the said Jas Pennock for the aforesaid tenement viz 5a of land and 5a of pasture 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 this 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 5a of land and 5a of pasture 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 Jas Pennock unjustly took possession from him and that such should be his right etc and the aforesaid Jas Pennock in person defended his right to the aforesaid Ambrose Waller etc and his seisin of such seisins 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 according to the custom of the aforesaid manor in the time used and approved before the memory of living man and he called thereof to warranty the aforesaid Hen Aymes and Helen his wife who present in court in person freely warranted to him the aforesaid tenement and upon this the aforesaid Ambrose Waller complained against the aforesaid Hen Aymes and Helen tenants by their aforesaid warranty 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 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 to the value and whereof the aforesaid Jas Pennock unjustly took possession from him and that such should be his right etc and upon this the aforesaid Hen Aymes and Helen his wife in person came and defended the aforesaid right to the aforesaid Ambrose Waller etc and whenever etc and their seisin of such seisins etc and whatever etc and most of all of the aforesaid tenement in their demesne as of fee and right and according to the custom of the aforesaid manor and they called thereof to warranty Robt Carter who present in court in person freely warranted the aforesaid tenements with appurtenances to them and upon this the aforesaid Ambrose Waller complained against the aforesaid Robt Carter tenant by his aforesaid warranty present in court 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 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 Jas Pennock unjustly took possession from him and that such should be his right etc and upon this the aforesaid Robt Carter 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 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 thereof to be that either he himself hath the greater right to hold the aforesaid tenement 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 Ambrose should have the right to hold the aforesaid tenement with appurtenances as the better claimant and the aforesaid Ambrose Waller sought licence to implead until the hour of three o'clock this same day and it was granted to him and the same hour was given to the aforesaid Robt Carter here by the agreement of the parties and afterwards let it be known at that same hour of three o'clock this same day the aforesaid Ambrose Waller returned in person and placed himself against the aforesaid Robt Carter in the aforesaid plea and the aforesaid Robt Carter 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 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 Ambrose Waller sought judgement and seisin of the aforesaid tenement with appurtenances to be adjudged for him by the aforesaid default upon which according to the custom of the aforesaid manor etc it was considered by the court that the aforesaid Ambrose Waller should recover his seisin of the aforesaid tenement with appurtenances against the aforesaid Jas Pennock to hold to the same said Ambrose Waller and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Jas Pennock and his heirs and from the aforesaid Hen Aymes and Helen his wife and their heirs and from the aforesaid Robt Carter and his heirs forever and that the aforesaid Jas Pennock should have of the lands and tenements of the aforesaid Hen Aymes and Helen within the jurisdiction of the court to the value etc and that the aforesaid Hen Aymes and Helen should have of the lands and tenements of the said Robt Carter within the jurisdiction of this court to the value etc and the aforesaid Robt Carter is in mercy and upon this the aforesaid Ambrose Waller according to the custom of the aforesaid manor sought a precept from the lord of the said manor to be directed to the bailiff of the aforesaid manor to make delivery 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 Edw Clarke 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 all respects viz that he himself by virtue of the aforesaid precept directed to him this same day delivered to the aforesaid Ambrose Waller full seisin of the aforesaid tenement with appurtenances as by the aforesaid precept thereof directed to him it was carried out and upon this 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 to him seisin of the aforesaid tenement with appurtenances to have and to hold the aforesaid tenement with appurtenances thus as recovered in the aforesaid form to the aforesaid Ambrose Waller 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 etc and he gave to the lord for a fine etc and next into this same court came the aforesaid Jas Pennock Hen Aymes and Helen his wife Helen herself solely and secretly examined by the steward of the court as is the custom and the aforesaid Robt Carter in person and surrendered into the hands of the lord by the hands of the aforesaid steward all and singular the premises with appurtenances to the use of the aforesaid Ambrose Waller and his heirs and by licence of the lord remitted released and confirmed for themselves and their heirs and each of them to the aforesaid Ambrose Waller 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 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 whatsoever of about and concerning the said premises or any parcel thereof to have and to hold the aforesaid premises with appurtenances to the aforesaid Ambrose Waller and his heirs in peace from the aforesaid Jas Pennock and his heirs and from the aforesaid Hen Aymes and Helen his wife and their heirs and from the aforesaid Robt Carter and his heirs and for such a release the aforesaid Ambrose Waller gave to the lord for a fine etc