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Colne Priory Manor Court Rolls (ERO D/DPr23)

3.1.12Chas2 (Thursday 3 January 1661)

document 35200019

recovery of Spilwaters whereas at a court with leet here held 2.11.1653 Sigismund Baker son and heir of Mary Baker deceased was admitted tenant of the lord for himself and the heirs of his body legitimately procreated to one croft of land called Spilwaters with appurtenances now to this court came the aforesaid Sigismund in person and by the rod surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid croft of land with appurtenances to the use and behoof of Jas Day of Earls Colne his heirs and assigns forever upon which to this court came the aforesaid Jas and humbly sought admittance thereof as tenant to whom the lord by the aforesaid steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid croft of land with appurtenances to the aforesaid Jas Day 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 afterwards into the same court the court sitting came Geo Andrewes gentleman in person and by licence of the lord claimed against the aforesaid Jas Day of a plea of land viz of 4a of land called Spilwaters with appurtenances lying in Earls Colne in the county of Essex and within the jurisdiction of this court and held of the lord of the aforesaid manor as of the aforesaid manor at the will of the lord by copy of a court roll according to the custom of the aforesaid manor as his right and inheritance and into which the aforesaid Jas does not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Geo within thirty years now last past and the aforesaid Geo made protestation to present his aforesaid plea in the form and nature of a writ of our lord the king of entry upon disseisin in le post at the common law and he found in court pledge to prosecute his aforesaid plea viz Jn Doe and Rich Roe and he sought process to be made to him according to the custom of the aforesaid manor against the aforesaid Jas who should be here at the next court held for the aforesaid manor to reply to the aforesaid Geo in the aforesaid plea and it was granted to him but the aforesaid Jas present in court freely appeared and sought licence of the aforesaid court that he himself should be allowed to reply to the aforesaid Geo without further process directed against him and by the agreement of the aforesaid Geo it was granted to him upon this the aforesaid Geo complained against the aforesaid Jas of the aforesaid 4a of land with the appurtenances in the aforesaid Earls Colne and held of the lord of the aforesaid manor as of the aforesaid manor by copy of a court roll etc as his right and inheritance according to the custom of the aforesaid manor and into which the aforesaid Jas should not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made to him within thirty years now last past and whereof he says that he himself the aforesaid Geo was seised of the aforesaid tenement 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 king Charles etc by taking thereof the profits to the value etc and in which etc and whereof he made his suit and upon this here into the same said court came the aforesaid Jas in person and defended his right etc and he called thereof to warranty the aforesaid Sigismund Baker who present here in court in person freely warranted the aforesaid tenement with appurtenances to him and upon this the aforesaid Geo complained against the aforesaid Sigismund tenant by his aforesaid warranty of the aforesaid tenement with appurtenances in the aforesaid form etc and whereof he says that he himself was seised 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 of peace in the time of our lord the now king by taking thereof the profits to the value etc and in which etc and whereof he makes his suit and the aforesaid Sigismund tenant by his aforesaid warranty defended his right whenever etc and furthermore called thereof to warranty Rich Fisher who similarly present in court in person and freely warranted the aforesaid tenement with appurtenances to him and upon this the aforesaid Geo complained against the aforesaid Rich tenant by his warranty of the aforesaid tenement with appurtenances in the aforesaid form etc and whereof he says that he himself was seised 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 of peace in the time of our lord the now king by taking thereof the profits to the value etc and in which etc and whereof he presents his suit etc and the aforesaid Rich tenant by his aforesaid warranty defended his right whenever etc and he says that the aforesaid Hugh Hunt did not disseisin the aforesaid Geo of the aforesaid tenement with the appurtenances as the same said Geo by his account above stated and concerning this he placed himself upon the homage and the aforesaid Geo sought licence thereof to implea here until the hour of one o'clock this same 3.1. and he had it and the same hour is given to the aforesaid Rich here etc and afterwards let it be known at the aforesaid hour of one o'clock this same day the same said Geo returned here into the said court in person and the said Rich though solemnly required did not return but in contempt of court went away and made default therefore according to the custom of the aforesaid manor it was considered by the court here that the aforesaid Geo should recover his seisin against the aforesaid Jas of the aforesaid tenement with appurtenances and that the same said Jas should have of the customary lands of the aforesaid Sigismund within the jurisdiction of this court to the value etc and that the same said Sigismund should have of the customary lands of the aforesaid Rich within the jurisdiction of this court to the value etc and that the same said Rich is in mercy etc and upon this the same said Geo sought a precept of the court to be directed to the bailiff of the aforesaid manor to deliver to him full seisin of the aforesaid tenement with appurtenances etc and it was granted to him returnable here at the hour of three o'clock this same 3.1. at this same present court etc at which same said hour came here the aforesaid Geo in person and the aforesaid bailiff viz Giles Crowe now swore that he himself by virtue of the aforesaid precept directed to him has delivered to the aforesaid Geo full seisin of the aforesaid tenement with appurtenances as by the aforesaid precept it was directed to him etc and upon this the lord of the aforesaid manor in further execution of the aforesaid recovery and at the petition of the said Geo by the aforesaid steward granted and delivered to the said Geo seisin of the aforesaid tenement with appurtenances thus in the aforesaid form of the recovery to have and to hold to the aforesaid Geo his heirs and assigns from the lord by the rod etc and his fine was pardoned etc
Jas Day to Spilwaters and afterwards into the same said court and the court sitting came the aforesaid Geo in person and by the rod surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid croft of land with appurtenances and all and singular the premises in the aforesaid form of the recovery with appurtenances to the use and behoof of the aforesaid Jas Day his heirs and assigns forever who present in court humbly sought admittance thereof as tenant 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 Jas Day 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