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Colne Priory Manor Court Rolls (ERO D/DPr24)

28.6.1672 (Friday 28 June 1672)

document 35500631

recovery Morley whereas at a court here held 18.1.1641 Jn Morley gentleman and Mary his wife were admitted tenants of the lord for themselves and the heirs of the body of the said Mary procreated by the aforesaid Jn the remainder thereof to the rightful heirs of the aforesaid Jn and Mary to divers parcels of land called Preistland and Dagnall Hill lying together and containing 22a more or less situated in Earls Colne now to this court came Geo Toller gentleman in person and by licence of the lord and according to the custom of the aforesaid minor complained against the aforesaid Jn Morley and Mary his wife of a plea of land viz of 20a of land and 10a of pasture with appurtenances in the aforesaid Earls Colne in Essex and within the jurisdiction of this court held of the lord of the manor as of the aforesaid manor by copy of court roll as his right and inheritance and into which the said Jn and Mary do not have entry except after the disseisin which Jn Styles unjustly and without judgement made to the aforesaid Geo within thirty years now last past and the same said Geo made protest to present his 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 the aforesaid complaint viz Jn Doe and Rich Roe and sought process to be made to him thereof according to the custom of the aforesaid manor against the aforesaid Jn Morley and Mary to be directed to the bailiff of the aforesaid manor that they should be here at this court before the steward of the aforesaid manor this instant 28.6. viz at the hour of one o'clock this instant day to reply to the aforesaid Geo of the aforesaid plea and it was granted to him etc but the aforesaid Jn Morley and Mary 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 in person complained against the aforesaid Jn Morley and Mary of the aforesaid 20a of land and 10a of pasture with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court held of the lord of the manor as of the aforesaid manor by copy of court roll as his right and inheritance according to the custom of the aforesaid manor and into which the aforesaid Jn and Mary do not have entry except after the disseisin which Jn Styles unjustly and without judgement made to the aforesaid Geo within thirty years now last past and whereof he says that he himself 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 the now king by taking thereof the profits to the value etc and into which etc and whereof he produces the claim upon which to this same said court came the aforesaid Jn Morley and Mary and defended their right whenever etc and they called thereof to warranty the same Jn Newton who present in court in person freely warranted to them the aforesaid tenements and upon this the aforesaid Geo complained against the aforesaid Jn Newton tenant by his warranty of the aforesaid tenement 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 produces the suit and the aforesaid Jn Newton tenant by his aforesaid warranty defended his right whenever etc and says that the aforesaid Jn Styles did no t disseisin the aforesaid Geo of the aforesaid tenements or of any parcel thereof in the manner and form as the aforesaid Geo by his aforesaid complaint above supposed and concerning this he places himself upon the homage of this court and the aforesaid Geo sought licence thereof to implea until the hour of two o'clock this instant day and he has it and the same said hour is given to the aforesaid Jn Newton to be here etc and afterwards in the same said court at the same said hour of two the aforesaid Geo in person came but the aforesaid Jn Newton though 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 Geo should recover against the aforesaid Jn Morley and Mary his wife seisin of the aforesaid tenements with appurtenances and that the aforesaid Jn Morley and Mary should have of the lands of the said Jn Newton held of the aforesaid manor by copy of court roll to the value etc and that the aforesaid Jn Newton should be in mercy and upon this the aforesaid Geo sought a precept from the lord of the aforesaid manor by the steward of the aforesaid manor to be made to the bailiff of the aforesaid manor to direct him to make full seisin to him of the aforesaid customary tenements in the aforesaid form of the recovery and it was granted to him returnable here at the hour of three o'clock this instant day at which same said hour of three came the aforesaid Geo in person and Giles Crow bailiff of the aforesaid manor and servant of this court now here in court returned and testified that he himself by virtue of the precept directed to him had delivered to the aforesaid Geo full seisin of the aforesaid tenements thus in the form of the aforesaid recovery as the precept was to him and upon this the lord of the aforesaid manor in full execution of the aforesaid recovery by the aforesaid steward granted and delivered to the said Geo seisin of the aforesaid tenement 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 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 etc and his fine was pardoned