| 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 |