| recovery Fletcher | whereas at a court here held 3.1.1668 Jn Fletcher and Mary his wife were admitted tenants of the lord for themselves and the heirs of their bodies legitimately procreated the remainder thereof to the rightful heirs of the aforesaid Jn to one garden upon which a barn was lately built and now destroyed sometime of Barth Church and to one parcel of land called Lovelands also Loveneys containing by estimation 10a more or less situated in Earls Colne and also to one piece of land called Inhams lying next to Burrow Bridge situated in Earls Colne now to this court came Geo Toller in person and by licence of the lord according to the custom of the aforesaid manor complained against the aforesaid Jn Fletcher and Mary his wife of a plea of land viz one garden 10a of land and 2a of pasture with appurtenances in the aforesaid Earls Colne 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 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 pursue 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 his aforesaid complaint viz Jn Doe and Rich Roe and he sought process to be made to him thereof according to the custom of the aforesaid manor against the aforesaid Jn Fletcher and Mary to be directed to the bailiff of the aforesaid manor that they should be here at this court before the steward of this manor this instant 28.12. viz at the hour of nine pm this instant day to reply to the aforesaid Geo of the aforesaid plea and it was granted to him etc but the aforesaid Jn Fletcher 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 of 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 Fletcher and the aforesaid Mary of the aforesaid garden and the aforesaid 10a of land and 2a 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 did 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 whereof he says that he was seised of the aforesaid lands 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 his suit upon which to the same said court came the aforesaid Jn Fletcher and Mary and defended their right whenever etc and called thereof to warranty Jn Finch who present in court in person freely warranted the aforesaid land to them and upon this the aforesaid Geo complained against the aforesaid Jn Finch 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 his suit and the aforesaid Jn Finch tenant by his 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 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 ten am this same day and he has it and the same hour is given to the aforesaid Jn Finch to be here etc and afterwards in the same said court at the same said hour of ten the aforesaid Geo in person came and the aforesaid Jn Finch 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 Geo should recover against the aforesaid Jn Fletcher and Mary his wife seisin of the aforesaid tenement with appurtenances and that the aforesaid Jn Fletcher and Mary should have of the lands of the said Jn Finch held of the aforesaid manor by copy of court roll to the value etc and that the aforesaid Jn Finch 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 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 eleven am this instant day at which same said hour of eleven came the aforesaid Geo in person and Jn Wenden bailiff of the aforesaid manor and minister of this court now here in court returned and testified that he himself by virtue of the aforesaid precept directed to him had made over full seisin of the aforesaid tenements to the said Geo in the form of the aforesaid recovery as it was 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 said Geo seisin of the aforesaid tenements in the aforesaid form of the 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 the fine was pardoned and afterwards in the same said court came the aforesaid Geo Toller and by the rod surrendered into the hands of the lord by the hands of the aforesaid steward the aforesaid garden and aforesaid parcel of land called Lovelands alias Loveneys and Inhams and all and singular the premises in the aforesaid form of the recovery to the use and behoof of Jn Fletcher and Mary his wife their heirs and assigns forever to whom the same said Jn Fletcher and Mary seeking this the lord by his steward granted and delivered seisin thereof by the rod to have and to hold the aforesaid premises with appurtenances to the aforesaid Jn and Mary their 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 the fine was pardoned |