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Colne Priory Manor Court Rolls (ERO D/DPr22)

7.10.1643 (Saturday 7 October 1643)

document 34601376

and afterwards in the same said court and with the court sitting came Wm Brand in person and by licence of the lord complained against the aforesaid Antho Bentall of a plea of land viz of one messuage two gardens and 6a of land with appurtenances lying in Earls Colne within the jurisdiction of this court and held of the lord of the aforesaid manor of the aforesaid manor at the will of the lord by copy of a roll of the court according to the custom of the aforesaid manor and he made protest to present his aforesaid complaint against the aforesaid Antho Bentall in this said court in the form and nature of a writ of our lord the now king of rightful letters patent at the common law according to the custom of the aforesaid manor and according to the custom of the aforesaid manor he found pledge to prosecute his said plea in the aforesaid form viz Jn Roe and Rich Doe and he sought process to be thereof for him according to the custom of the aforesaid manor against the aforesaid Antho Bentall to be directed against him by the bailiff of the aforesaid manor returnable here at the next court to be held for the aforesaid manor to reply to the aforesaid Wm Brand of the aforesaid plea and it was granted to him and the same day was given to the aforesaid Antho Bentall but the aforesaid Antho Bentall 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 Wm Brand without further process being directed against him and by the agreement of the said Wm Brand it was granted to him and upon this the aforesaid Wm Brand as the first complainant presented his aforesaid complaint in the aforesaid form by seeking against the aforesaid Antho Bentall the aforesaid tenements viz one messuage two gardens and 6a of land with appurtenances 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 claims to hold for himself and his heirs from the lord of this manor as of this same manor by copy of court roll by the rod at the will of the lord according to the custom of the 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 Antho Bentall unjustly took possession etc and that such should be his right etc and the aforesaid Antho Bentall in person defended the right to the aforesaid Wm Brand etc and his seisin of such seisins etc and altogether and whenever etc and whatever etc and most of all of the aforesaid tenements with appurtenances in his demesne as of fee and right and according to the custom of the aforesaid manor being used and proved from a time beyond the memory of living man and he called thereof to warranty the aforesaid Geo Bentall and Ann his wife who present in court in person freely warranted to him the aforesaid tenement and upon this the aforesaid Wm Brand complained against the aforesaid Geo Bentall and Ann his wife tenants by their aforesaid warranty of the aforesaid tenements in the aforesaid form and whereof he says that he himself was seised of the aforesaid tenements 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 etc and whereof the aforesaid Antho Bentall unjustly took possession from him etc and that such should be his right etc and upon this the aforesaid Geo Bentall and Ann his wife in person came and defended the aforesaid right to Wm Brand etc and whenever etc and their seisins of such seisins etc and whatever etc and most of all of the aforesaid tenements in their demesne as of fee and right and according to the custom of the aforesaid manor furthermore they called to warranty Robt Hutton who present in court in person freely warranted to them the aforesaid tenements and appurtenances and upon this the aforesaid Wm Brand complained against the aforesaid Robt Hutton tenant by his aforesaid warranty in the aforesaid court of the aforesaid tenements 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 Antho Bentall himself unjustly took possession and that such should be his right etc and upon this the aforesaid Robt Hutton person came and defended his right etc and whenever etc and his seisin of such seisins etc and altogether etc and most of all of the aforesaid tenement with appurtenances in his demesne 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 now 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 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 Wm should have the right to hold the aforesaid tenement with appurtenances as the superior claimant and the aforesaid Wm Brand sought licence thereof to implead until the hour of three o'clock this same day and it was granted him and the same said hour was given to the aforesaid Robt Hutton here by the agreement of the parties and afterwards let it be known at that same hour of three o'clock the same day the aforesaid Wm Brand returned in person and placed himself against the aforesaid Robt Hutton in the aforesaid plea and the aforesaid Robt Hutton 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 or demand thereof he should return before final judgement thereof is given according to the custom of the aforesaid manor to make his claim but no one came and upon this the aforesaid Wm Brand sought judgement and seisin of the aforesaid tenement with appurtenances by the aforesaid default to be adjudged for him upon which according to the custom of the aforesaid manor it is considered by the court that the aforesaid Wm Brand should recover his seisin of the aforesaid tenements and appurtenances against the aforesaid Antho Bentall to hold to the same said Wm Brand and his heirs according to the custom of the aforesaid manor in peace from the aforesaid Antho Bentall and his heirs and from the aforesaid Geo Bentall and Ann and their heirs and from the aforesaid Robt Hutton and his heirs forever and that the said Antho Bentall should have of the lands and tenements of the said Geo and Ann within the jurisdiction of this court to the value etc and that the aforesaid Geo Bentall and Ann should have the lands and tenements of the said Robt Hutton within the jurisdiction of the said court to the value etc and that the aforesaid Robt Hutton is in mercy etc and upon this the said Wm Brand according to the custom of the aforesaid manor sought process from the lord of this manor to be directed to the bailiff of the aforesaid manor and minister of this court 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 o'clock in full court and with the court sitting Edw Clarke bailiff of the aforesaid manor and minister of this court reported the aforesaid precept directed to him for delivering seisin was 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 Wm Brand full seisin to the aforesaid tenements 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 firm execution of the aforesaid recovery and at the petition of the said Wm Brand by the aforesaid steward granted and delivered thereof seisin by the rod of the aforesaid tenements with appurtenances to have and to hold the aforesaid tenements with appurtenances thus in the aforesaid form as recovered to the aforesaid Wm Brand 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 etc and afterwards in the same court and with the court sitting the aforesaid Antho Bentall Geo Bentall and Ann his wife Ann herself solely and secretly examined by the aforesaid steward as is the custom and the aforesaid Robt Hutton in person and they surrendered into the hands of the lord by the hands of the aforesaid steward all and singular the premises thus in the form of the aforesaid recovery except for the exceptions to the use and behoof of the said Wm Brand and his heirs forever and by licence of the lord for themselves and their heirs and any of them remitted released and quitclaimed to the aforesaid Wm Brand into his full and peaceful seisin and existing possession 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 tenement thus in the aforesaid form of the recovery excepting the exceptions 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 release the aforesaid Wm Brand gave to the lord for a fine and afterwards into this same court and with the court sitting came the aforesaid Wm Brand in person and in full and open court surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid capital messuage pond yard part of the orchard abutting upon Blakes the field called Homefield and the other premises thus recovered in the aforesaid form to the use and behoof of the said Antho Bentall his heirs and assigns forever who present in court humbly sought admittance from the lord to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid messuage pond yard part of the orchard the aforesaid field called Homefield and other premises with appurtenances thus in the aforesaid form of the recovery except the exceptions to the aforesaid Antho Bentall 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 thus was admitted tenant of the lord