Colne Priory Manor Court Rolls (ERO D/DPr23)

3.1.1668 (Friday 3 January 1668)

document 35400109

recovery of premises and afterwards into the same court and the court sitting came Hen Hatton gentleman and complained against the aforesaid Wm Ennew in a plea of land viz of one garden 10a of land and 2a of pasture with appurtenances in Earls Colne and within the jurisdiction of this court and held of the lord of the aforesaid manor as of this manor by copy of court roll at the will of the lord according to the custom of the aforesaid manor as his right and inheritance and into which the aforesaid Wm does not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made on the aforesaid Hen within thirty years now last past and the aforesaid Hen made protest to present 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 pledge to prosecute his aforesaid complaint viz Jn Doe and Rich Ro e and sought process to be given to him thereof against the aforesaid Wm to be here at the hour of two o'clock this instant day to reply to the aforesaid Hen in the aforesaid plea and it was granted to him but the aforesaid Wm present in court freely appeared and sought licence of the court that he himself should be allowed to reply to the aforesaid Hen without any process being directed against him and by the agreement of the aforesaid Hen it is granted to him upon which the aforesaid Hen complained against the aforesaid Wm of the aforesaid garden 10a of land 2a of pasture with appurtenances in the aforesaid Earls Colne held of the lord of the aforesaid manor as of this manor by copy of court roll at the will of the lord according to the custom of the aforesaid manor and into which the aforesaid Wm does not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made on the aforesaid Hen within thirty years now last past 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 whereof he presents his suit and the aforesaid Wm came into the same said court and defended his right whenever etc and called thereof to warranty Robt Newton who present in court freely warranted to the aforesaid Wm the aforesaid tenement with appurtenances and upon this the aforesaid Hen complained against the aforesaid Robt tenant by his aforesaid warranty of the aforesaid tenement with appurtenances and he said that he himself was seised of the aforesaid tenement with appurtenances in the time of peace in the time of our lord the now king etc by taking thereof the profits etc to the value etc and the aforesaid Robt tenant by his aforesaid warranty defended his right etc and he says that the aforesaid Hugh Hunt did not disseisin the aforesaid Hen of the aforesaid tenement as the aforesaid Hen by his complaint and aforesaid warranty supposed and concerning this he places himself upon the homage of this court and the aforesaid Hen sought licence of the court to implea thereof until the hour of three o'clock this instant day and had it and the same hour was given to the aforesaid Robt and afterwards into the same said court and at the same said hour of three the aforesaid Hen returned in per son and the aforesaid Robt although solemnly required did not come 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 Hen should recover against the aforesaid Wm his seisin of the aforesaid tenement with appurtenances and that the aforesaid Wm should have of the lands of the said Robt held of the aforesaid manor by copy of court roll to the value etc and the aforesaid Robt should be in mercy and upon this the aforesaid Hen according to the custom of the aforesaid manor sought a precept from the lord of the aforesaid manor by the aforesaid steward to be directed to the bailiff of the aforesaid manor and servant of this court to deliver to him full seisin of the aforesaid tenement with appurtenances thus in the form of the aforesaid recovery and it was granted to him returnable here this same said day with the court sitting and afterwards this same said day and with the court sitting the aforesaid Hen returned and Giles Crowe bailiff of the aforesaid manor and servant of this court certified to the court that he himself by virtue of the aforesaid precept directed to him this same day handed over to the aforesaid Hen seisin of the aforesaid tenement with appurtenances as by the aforesaid precept it was directed to him and upon this the lord of the aforesaid manor at the petition of the aforesaid Hen and in further execution of the aforesaid recovery by his aforesaid steward granted and delivered to the aforesaid Hen seisin by the rod of the aforesaid tenement with appurtenances to have and to hold the aforesaid tenement with appurtenances thus in the aforesaid form of the recovery to the aforesaid Hen 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 services and customs thereunto belonging and by right accustomed and his fine was pardoned by the grace of the lord etc