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Colne Priory Manor Court Rolls (ERO D/DPr23)

15.6.1663 (Monday 15 June 1663)

document 35201160

recovery of Oldhall whereas at a court here held 29.3.3Chas1 Jn Lucas Mary his wife now deceased and Eliz Lucas daughter of the said Jn and Mary and now wife of Edw Hewson gentleman were admitted tenants to the lord viz the aforesaid Jn and Mary for their lifetimes and to the longer liver the remainder thereof to the aforesaid Eliz and the heirs of her body legitimately procreated to one messuage and garden adjoining called Old Hall and to a garden called Sagis Garden and to a garden called Judds Garden and to a parcel of a garden containing in length 6rod and in breadth 4rod lying between a garden called Prudds on one part and lands late of the convent Priory of Colne on the other part and to one parcel of land parcel of one croft called St Mary Croft and containing in length 18rod2ft assessed more or less to the eastern edge and 1rod2ft assessed more or less to the western edge as is it divided by the metes and bounds which premises are now in the tenure and occupation of Jn Garrett or his assigns and whereas at a court here held 20.10.1659 the aforesaid Eliz then wife of Thos Ball senior now deceased was admitted tenant for herself and the heirs of her body legitimately procreated the remainder thereof to the rightful heirs of the said Eliz to one tenement and garden adjoining called Matthews Acre and one piece of land with a well in the same parcel of tenement late of Thos Elmsted and to one croft of land called Olmested Croft with a barn built thereupon which premises are now in the tenure and occupation of Jn Crowe or his assigns and to one tenement with appurtenances called Flamemans and a garden called Grapnells excepting and reserving to the lord of the aforesaid manor a way two carts in width between the aforesaid garden and messuage late of Barth Church according as the aforesaid tenement and garden are now in the tenure of the said Jn Crowe and Abraham Christmas or whoever else and to one piece of land and aldergrove containing 4a more or less parcel of 10a of land called Tredgolds Fenn and lying between land called Dagnall Hill on the northern part and the king's highway leading from Earls Colne towards the common meadow there and the aforesaid aldergrove towards the south one head thereof abutting upon a meadow late of Jas Pennocke towards the west and to 2a3r more or less lying in Kemborne Meadow in the aforesaid Earls Colne and to 1a of land more or less late parcel of Tredgolds Fenn late parcel of the demesne lands of the aforesaid manor one head thereof abutting upon the aforesaid way leading to the common meadow aforesaid towards the south and the other head abutting upon Curds Meadow towards the north and upon the rest of the aforesaid Tredgolds Fenn towards the east and to one enclosed pasture called Lythards also Newmans and whereas at the last mentioned court the aforesaid Eliz was admitted tenant of the lord for herself and the heirs of her body legitimately procreated to one parcel of land called Glasiers containing by estimation 2a more or less the remainder thereof to the rightful heirs of the said Eliz now to this court came Geo Andrewes senior in person and by licence of the lord and according to the custom of the aforesaid manor complained against the aforesaid Edw Hewson and Eliz his wife of a plea of land viz of three messuages three gardens 10a of land 3a of meadow and 10a of pasture with appurtenances in Earls Colne and within the jurisdiction of this court held of the lord of the aforesaid manor as of this manor by copy of a court roll as his right and inheritance and into which the aforesaid Edw and Eliz have not 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 same said Geo made protest to prosecute his aforesaid complaint in the form and nature of a writ of our lord the king of entry upon disseisin in le post at the common law according to the custom of the aforesaid manor and he found here in court pledge to prosecute his complaint viz Jn Doe and Rich Roe and he sought process thereof to be to him according to the custom of the aforesaid manor against the aforesaid Edw and Eliz by the bailiff of the aforesaid manor to be directed that they should be here at this court before the steward of the aforesaid manor this same 15.6. viz at the hour of one o'clock this same day to reply to the aforesaid Geo of the aforesaid plea and it was granted to him etc but the aforesaid Edw and Eliz present here in court in person freely appeared and sought licence of the court that they themselves should be allowed to reply to the aforesaid Geo in the aforesaid plea without any process being directed against them and by the agreement of the said Geo it was granted to them and upon this the aforesaid Geo protested to present his aforesaid complaint in the aforesaid form in person and complained against the aforesaid Edw and Eliz of the aforesaid three messuages three gardens 10a of land 3a of meadow and 10a of pasture with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court 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 Edw and Eliz have not entry except after the disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Geo with in thirty years now last past and whereof he says that he himself was seised of the aforesaid tenements 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 upon which at this same court came the aforesaid Edw and Eliz and defended their right whenever etc and they called thereof to warranty Giles Lagden gentleman who present in court in person freely warranted to them the aforesaid tenements and upon this the aforesaid Geo complained against the aforesaid Giles tenant by his warranty of the aforesaid tenements with appurtenances 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 according to the custom of the aforesaid manor in the time of peace etc by taking thereof the profits etc to the value etc and into which etc and whereof he presents his suit and the aforesaid Giles 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 or of any parcel thereof in the manner and form as the aforesaid Geo by his complaint above presented and concerning this he places himself on the homage of this court the aforesaid Geo sought licence thereof to implead until the hour of two o'clock this same day and he had it and the same hour is given to the aforesaid Giles to be here etc and afterwards into the same said court at the same said hour of two the aforesaid Geo came in person and the aforesaid Giles although solemnly required did not appear but in contempt of court went away and made default therefore according to the custom of the aforesaid manor it is considered by the court that the aforesaid Geo should recover against the aforesaid Edw and Eliz his wife seisin of the aforesaid tenements with appurtenances and that the aforesaid Edw and Eliz should have of the lands of the aforesaid Giles held of the aforesaid manor by copy of court roll to the value etc and that the aforesaid Giles should be in mercy and upon this the aforesaid Geo sought a precept from the lord of the aforesaid manor by the steward to be directed to the bailiff of the aforesaid manor to make to him full seisin of the aforesaid customary tenements thus in the form of the aforesaid recovery and it was granted to him returnable here at the hour of three o'clock on this same instant day at which same said hour of three came the aforesaid Geo in person and Giles Crowe bailiff of the aforesaid manor and servant of this court now here in this same said court swore and testified that he himself by virtue of the aforesaid precept directed to him handed over to the aforesaid Geo seisin of the aforesaid tenements thus in the form of the aforesaid recovery as by the precept directed to him and upon this the lord of the aforesaid manor in further execution of the aforesaid recovery by the aforesaid steward granted and delivered to the aforesaid Geo seisin of the aforesaid tenements thus in the form of the aforesaid recovery by the rod to have and to hold the aforesaid tenements with appurtenances to the aforesaid Geo his heirs and assigns in peace and quiet from the aforesaid Edw and Eliz and their heirs according to the form of the aforesaid recovery from the lord by the rod at the will of the lord according to the custom of the aforesaid manor by the rents etc and the fine was pardoned