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Earls Colne Manor Court Rolls (ERO D/DPr77)

20.9.1608 (Tuesday 20 September 1608)

document 37500576

fine 6lito this court came Jn Knighte son and heir of Robt Knighte who held for himself and the heirs of his body legitimately procreated from the lord by the rod etc one capital messuage with garden and curtilage adjoining sometime called Sonningwells with one tenement adjoining called Tabers with their appurtenances lying in the said Colne as it is clearly divided and shown by the metes and bounds according as in a court here held the wednesday in easter week being 19.4.1598 it was fully shown and appeared and in full and open court he surrendered into the hands of the lord by the hands of his said steward all the said premises with appurtenances to the use and behoof of Sam Brewer and his heirs who present in court sought admittance for himself from the lord to whom the lord by his said steward granted seisin thereof to have the said premises with appurtenances to the same Sam and his heirs to hold from the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services thereunto belonging and by right accustomed and he gave to the lord his fine as is shown in the margin and he made fealty to the lord and was admitted tenant thereof afterwards let it be known that to this court came Thos Anderson in person and by the lords licence complained against the aforesaid Sam Brewer in a plea of land viz of one messuage one curtilage one garden and one customary tenement with appurtenances in the said Earls Colne within the jurisdiction of this court held of the aforesaid manor by copy of court roll according to the custom of the said manor and he made protest to present his said complaint in this same court in the form and nature of a writ of our lord the now king of rightful letters patent at the common law and according to the custom of the same manor and found pledge to prosecute his complaint aforesaid viz Jn Doe and Rich Roe and sought process for himself thereof to be made according to the custom of the said manor against the aforesaid Sam Brewer by the bailiff of the said manor to direct to summons the aforesaid Sam Brewer to reply to the aforesaid Thos Anderson of the said plea and it was granted to him and upon this the aforesaid Sam Brewer present here in court in person freely without further process by licence of the court and by the assent of the said Thos Anderson replied to the complaint of the said Thos Anderson and presented separately and replied thereto and upon this the said Thos Anderson as the first sought by protest to present his said complaint in court in the said form against the said Sam Brewer present here in court of the said lands viz one messuage one curtilage one garden and one customary tenement with appurtenances in the said Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the said manor by which claim holding to himself and his heirs from the lord of this same manor as of the same manor by the rod at the will of the lord according to the custom of the said manor etc and whereupon he says that he was seised of the said tenements with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the said manor in the time of peace in the time of our lord the now king within sixty years now last past by taking thereof the profits to the value etc and that such should be his right etc and the said Sam Brewer in person defended his right to the said Thos Anderson whenever etc and his seisin of such seisin and all etc and whatever etc and most of all of the said tenements with appurtenances in his demesne as of fee and right etc according to the custom of the said manor and he called thereof to warranty Jn Knighte who is present here in court in person and freely warrants to him the tenements aforesaid and upon this the said Thos Anderson complains against the said Jn Knight tenant by his warranty for the said tenements with appurtenances here in court in the said form and whereof he says that he was seised of the said tenements with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the said 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 that the same should be his right etc and upon this the said Jn Knighte in person came and defended to the said Thos Anderson whatever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all concerning the said tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and furthermore he called thereof to warranty Guy Groome who also present here is court in person freely warranted to him the said tenement and appurtenances and upon this the said Thos Anderson complained against the said Guy Groome tenant by his warranty here in court the aforesaid tenements with appurtenances in the said form and whereof he says that he was seised of the said tenement with appurtenances in his demesne as of fee and right at the will of the lord according to the custom of the said 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 that such should be his right etc and upon this the said Guy Groome in person came and defended his right to the said Thos Anderson whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all concerning the said tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and he put himself upon the homage of this court in place of and by way of the great assize of our lord the now king at the common law according to the custom of the said manor and he seeks judgement thereof which of the two more nearly should have the right of possession to hold the said tenements to himself and his heirs at the will of the lord according to the custom of the said manor as that tenant or rather if the said Thos Anderson should have the right to have the said tenement with appurtenances as the better claim and the said Thos Anderson sought a licence thereof to implead until twelve o'clock this same day and it is granted to him etc and the same hour was given to the aforesaid Guy Groome by their assent etc and afterwards namely at that same hour of twelve o'clock on this same day the said Thos Anderson came again in person and complained against the aforesaid Guy Groome in the aforesaid plea and the said Guy Groome although solemnly required did not return but in contempt of court went away and made default whereupon proclamation was openly and publicly three times made in court according to the custom of the said manor that if anyone would claim the said tenements or any of the estate title claim or demand thereof he should come before final judgement is made according to the custom of the said manor to make his claim and no one came and upon this the same Thos Anderson sought judgement and seisin of the said tenements with appurtenances by the said default to be adjudged his upon which it was considered by the court that the said Thos Anderson recovered his seisin of the aforesaid tenements with appurtenances against the aforesaid Sam Brewer to hold to the same Thos Anderson and his heirs according to the custom of the said manor in peace from the aforesaid Sam Brewer and his heirs and from the aforesaid Jn Knighte and his heirs and from the aforesaid Guy Groome and his heirs forever and that the said Sam Brewer should have from the lands and tenements of the said Jn Knighte within the jurisdiction of this court to the value etc and that the said Jn Knighte furthermore should have of the lands and tenements of the said Guy Groome within the jurisdiction of this court to the value etc and the same Guy in mercy etc