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Colne Priory Manor Court Rolls (ERO D/DPr23)

1.8.1661 (Thursday 1 August 1661)

document 35200230

recovery of premises whereas at a court here held 17.2.6Chas1 Dionisia Hawksby and Margt Lancaster now wife of Jn Ludgater clerk were admitted tenants of the lord viz the aforesaid Dionisia for her lifetime the remainder to the aforesaid Margt and the heirs of her body legitimately procreated to two crofts of land containing by estimation 4a called Haynes and Clotes which same said Dionisia after the said court and sometime before this court died thereof thus seised and whereas at a court here held 27.2.23Chas1 the aforesaid Margt was admitted tenant of the lord for herself and the heirs of her body legitimately procreated to 4a of other land more or less with appurtenances also called Haynes and Clotes now to this court came Wm Harlakenden esq and by licence of the lord complained against the aforesaid Jn Ludgater and Margt his wife of a plea of land viz of 6a of land and 4a of pasture with appurtenances lying in Earls Colne and 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 said manor as his right and inheritance and into which the aforesaid Jn and Margt should not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Wm within thirty years now last past and the aforesaid Wm made protest to present his 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 complaint 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 Jn Ludgater and Margt that they should be here at the next court here held for the aforesaid manor to reply to the aforesaid Wm in the aforesaid plea and it was granted to him but the aforesaid Jn and Margt present here in court freely appeared and sought licence of the court that they themselves should be allowed to reply to the aforesaid Wm without further process being directed against them and by the agreement of the said Wm it was granted to them and upon this the aforesaid Wm complained against the aforesaid Jn and Margt of the aforesaid 6a of land and 4a of pasture with 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 as his right and inheritance according to the custom of the aforesaid manor and into which the aforesaid Jn and Margt 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 Wm 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 etc by taking thereof the profits to the value etc and into which etc and whereof he presents his suit and upon this into the same said court came the said Jn and Margt in person and defended their right whenever etc and they called thereof to warranty Robt Finch who present here in court in person freely warranted the aforesaid tenement with appurtenances to them upon which the aforesaid Wm complained against the aforesaid Robt 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 into which etc and whereof he presents his suit and the aforesaid Robt tenant by his warranty aforesaid defended his right whenever etc and he says that the aforesaid Hugh Hunt did not disseisin the aforesaid Wm of the aforesaid tenement with appurtenances as the same said Wm by the aforesaid account stated above and concerning this he places himself upon the homage and the aforesaid Wm sought licence thereof to implead until the hour of four o'clock this same 1.8. and he had it and the same hour was given to the aforesaid Robt and afterwards let it be known at the aforesaid hour of four o'clock of this same said day the same said Wm returned here into court in person and the aforesaid Robt although solemnly require 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 that the aforesaid Wm should recover his seisin against the aforesaid Jn and Margt of the aforesaid tenements with appurtenances and that the said Jn and Margt should have of the customary lands of the said Robt within the jurisdiction of this court to the value etc and that the aforesaid Robt is in mercy and upon this the aforesaid Wm sought a precept of this court to be directed to the bailiff of the aforesaid manor to deliver to him full seisin of the aforesaid tenement with appurtenances and it was granted to him returnable here at the hour of five o'clock of this same 1.8. at this same present court etc at which same said hour of five came here the aforesaid Wm in person and the bailiff of the aforesaid manor viz Giles Crowe here now swore that he himself by virtue of the aforesaid precept directed to him has delivered to the aforesaid Wm 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 Wm by the aforesaid steward granted and delivered to the aforesaid Wm of the aforesaid tenements with the appurtenances thus in the form of the aforesaid recovery seisin by the rod to have and to hold to the aforesaid Wm 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 by the rents and services thereunto belonging and by right accustomed and his fine was pardoned and afterwards to the same said court and the court sitting came the aforesaid Wm in person and by the rod surrendered into the hands of the lord by the hands of his aforesaid steward the aforesaid premises thus in the form of the aforesaid recovery viz the aforesaid two crofts of land containing by examination 4a called Haynes and Clotes and the aforesaid other 4a of land called also Haynes and Clotes with appurtenances to the use and behoof of the said Margt her heirs and assigns forever who present in court humbly sought admittance to the premises 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 Margt her heirs and assigns 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 etc and the fine was pardoned