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Colne Priory Manor Court Rolls (ERO D/DPr24)

19.3.1678 (Tuesday 19 March 1678)

document 35600802

recovery of Jn Bullocke his wife and others whereas at a court here held 24.7.1634 Margt Brownson was admitted for herself and her assigns for and during her natural lifetime to one close or parcel of land called Byrchetts containing by estimation 2a more or less now at this court it is shown by the homage that the aforesaid Margt after the last court died thus seised thereof and that Margt now wife of Thos Smith and Mary now wife of Jn Bullock are the daughters and coheirs of Jn Brownson late husband of the aforesaid Margt and should have the right to the premises upon which the aforesaid Margt Smith and Mary Bullock present here in court humbly sought from the lord admittance for themselves as tenants to the premises to whom the lord by his steward granted and delivered thereof seisin by the rod to have and to hold the aforesaid parcel of land with appurtenances to the aforesaid Margt and Mary their heirs and assigns in coparcenary 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 they gave to the lord for a fine etc and whereas at a court here held 28.12.1638 the aforesaid Margt Smith and Mary Bullock took for themselves and the heirs of their bodies legitimately procreated in coparcenary one croft of land or pasture called Chalkney Croft with a barn built thereupon now to this court came the aforesaid Thos Smith and Margt his wife and Jn Bullock and Mary his wife and the aforesaid Margt and Mary first solely and separately and secretly examined by the aforesaid steward and agreeing as is the custom surrendered by the rod into the hands of the lord of the aforesaid manor by the hands of his steward the aforesaid croft of land called Chalkney Croft with appurtenances to the use and behoof of Jn Brett his heirs and assigns forever to whom the same said Jn Brett seeking this the lord by his steward granted and delivered seisin of the premises by the rod to have and to hold the aforesaid croft called Chalkney Croft to the aforesaid Jn Brett 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 and the fine was pardoned etc and after his admission came here into court Rich Hatch and by licence of the lord according to the custom of the aforesaid manor in person complained against the aforesaid Jn Brett of a plea of land viz of 2a of pasture with appurtenances in 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 Brett does not have entry except after a disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Rich within thirty years now last past and the aforesaid Rich 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 manor and he found pledged to prosecute the aforesaid complaint 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 Brett by the bailiff of the aforesaid manor to be directed that he should be here in court before the steward of the aforesaid manor this instant 19.3. viz at the hour of five pm this instant day to reply to the aforesaid Rich of the aforesaid plea and it was granted to him but the aforesaid Jn Brett present in court in person freely appeared and sought licence of the court that he himself should be allowed to reply to the aforesaid Rich in the aforesaid plea without any process being directed against him and by the agreement of the said Rich it was granted to him and upon this the aforesaid Rich in person complained against the aforesaid Jn Brett of the aforesaid 2a of pasture with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court held of the lord of this 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 Jn Brett does not have entry except after the disseisin which Hugh Hunt unjustly made to the aforesaid Rich without judgement within thirty years now last past and whereof he says that he himself was seised of the aforesaid lands with tenements with appurtenances in his demesne 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 suit upon which to the same said court came the aforesaid Jn Brett and defended his right whenever etc and he called thereof to warranty the aforesaid Thos Smith and Margt his wife Jn Bullock and Mary his wife who present in court freely appeared and warranted to him the aforesaid tenement and upon this the aforesaid Rich Hatch in person complained against the aforesaid Thos Smith and Margt his wife and Jn Bullock and Mary his wife tenants by the aforesaid warranty of the said 2a of pasture with appurtenances in Earls Colne aforesaid in the aforesaid form 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 the lord the now king by taking thereof the profits to the value etc and into which etc and whereof he produces the suit after which to the same said court c me the aforesaid Thos Smith and Margt his wife and Jn Bullock and Mary his wife and defended their right whenever etc and they called thereof to warranty the same said Jn Carter who present here in court freely warranted to them the tenement and upon this the aforesaid Rich complained against the aforesaid Jn Carter tenant by his aforesaid warranty of the aforesaid tenement with appurtenances in the aforesaid form 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 etc taking the profits etc to the value etc and into which etc and whereof he makes his suit and the aforesaid Jn Carter tenant by his aforesaid warranty present here in court defended his right whenever etc and he says that the aforesaid Hugh Hunt did not disseisin the aforesaid Rich of the tenement or of any parcel thereof in the manner and form as the aforesaid Rich by his complaint above supposed and concerning this he places himself upon the homage of this court and the aforesaid Rich sought licence to implea until the hour of six pm this instant day and he has it and the same hour is given to the aforesaid Jn to be here etc and afterwards into the same said court at the same said hour of six the aforesaid Rich in person came but Jn Carter 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 Rich should recover against the aforesaid Jn seisin of the aforesaid tenement with appurtenances and that the aforesaid Jn Brett should have of the lands of the said Thos Smith and Margt his wife and Jn Bullock and Mary his wife held of the aforesaid manor by copy of a court roll to the value etc and that the aforesaid Thos Smith and Margt his wife and Jn Bullock and Mary his wife should have of the lands of the said Jn Carter held of the aforesaid manor by copy of court roll to the value etc and the aforesaid Jn should be in mercy and upon this the aforesaid Rich sought a precept from the lord of the aforesaid manor by the aforesaid steward to be directed to the bailiff of the aforesaid court to make full seisin of the aforesaid customary tenement thus in the form of the aforesaid recovery and it was granted to him returnable at the hour of seven pm this instant day at which same said hour of seven came the aforesaid Rich in person and Giles Crow bailiff of the aforesaid manor and servant of the court returned and testified that he himself by virtue of the aforesaid precept directed to him handed over to the aforesaid Rich Hatch full seisin of the aforesaid tenements thus 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 Rich Hatch seisin of the aforesaid tenements by the rod to have and to hold the aforesaid tenements to the aforesaid Rich Hatch 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 and his fine was pardoned because illegible text and afterwards into the same said court came the aforesaid Rich Hatch and surrendered by the rod into the hands of the lord (illegible bottom of roll and top of next) Margt his wife and Jn Bullock and Mary his wife illegible text the same said seeking this the lord by his steward granted and delivered seisin by the rod to have and to hold the aforesaid tenement with appurtenances to the aforesaid Thos Smith and Margt his wife and the aforesaid Jn Bullock and Mary his wife their heirs and assigns forever from the lord by the rod at the will of the lord according to the custom of the manor by the rents services and customs thereunto belonging and by right accustomed and the fine was pardoned and after the aforesaid admission Thos Smith and Margt his wife Margt herself first solely and secretly examined by the aforesaid steward and consenting as is the custom surrendered by the rod into the hands of the lord by the hands of the aforesaid steward their half of the estate and interest part or purparture of the aforesaid Margt of and in the aforesaid parcel of land called Birchetts with appurtenances to the use and behoof of the aforesaid Bullockillegible text and her heirs and assigns forever to whom the said Mary seeking this the lord by the aforesaid steward granted and delivered seisin thereof by the rod to have and to hold the same said half of the aforesaid parcel of land called Birchetts to the aforesaid Mary Bullock her 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 and the fine was pardoned etc and afterwards in the same said court the aforesaid Jn Bullock and Mary his wife Mary herself first solely and secretly examined by the aforesaid steward and consenting as is the custom and by the rod surrendered into the hands of the lord by the hands of the aforesaid steward her half interest estate part or aforesaid purparture of the aforesaid half of the aforesaid land or pasture called Chalkney Croft with appurtenances to the use and behoof of the aforesaid Margt Smith her heirs and assigns forever to whom the same said Margt Smith seeking this the lord by his steward granted and delivered seisin thereof by the rod to have and to hold the same said half of the aforesaid parcel of land called Chalkney Croft to the aforesaid Margt Smith her 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 and she gave to the lord for a fine etc