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Earls Colne Manor Court Rolls (ERO D/DPr77)

31.3.1609 (Friday 31 March 1609)

document 37501800

whereas at a court here held monday being 24.7.1592 Robt Parker was admitted tenant of the lord to one tenement called Mordons sometime Hen Layer's and half of one parcel of land called Tollehousegreene lately built upon containing in length 6p and in breadth 12ft to hold to the same Robt Parker and the heirs of his body legitimately procreated and in default of such heirs the remainder thereof to Jn Parker his brother and his heirs forever now to this court came the said Robt Parker and in full and open court surrendered the said premises with appurtenances into the hands of the lord by the hands of his steward to the use and behoof of Robt Rookes senior and his heirs forever who present in court sought for himself thereof admittance to whom the lord by his said steward granted thereof seisin to have to the same Robt Rookes 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 made fealty to the lord and was admitted thereof tenant of the lord and afterwards let it be known to this court came Rich Kirkeland in person and by the lords licence complained against the aforesaid Robt Rookes in a plea of land viz of one messuage one curtilage and one customary garden with appurtenances in the said Earls Colne within the jurisdiction of this court held of the lord of the said manor by copy of court roll according to the custom of the said manor and he made protest to present he 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 manor and he found pledge to prosecute his said complaint in the said form viz Jn Doe and Rich Roe and he demanded process thereof to be made according to the custom of the said manor against the aforesaid Robt Rookes by directing the bailiff of the said manor to summon the aforesaid Robt Rookes to respond to the aforesaid Rich Kirklande concerning the said plea and it is granted to him etc and upon this the said Robt Rookes present here in court in person freely without further process by licence from the court and by the assent of the said Rich Harlakenden appears at the complaint of Rich Kirklande and presents himself prepared to reply to him thereupon and upon this the said Rich Kirklande as the first to protest to present his said complaint in this same court in the said form complained against the said Robt Rookes present here in court of the said tenements viz one messuage one curtilage and one customary garden 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 which he claims to hold for himself and his heirs from the lord of this manor as of the manor itself by the rod at the will of the lord according to the custom of the said manor etc 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 within sixty years last past by taking thereof the profits to the value etc and that such should be his right etc and the said Robt Rookes in person defended his right to the said Rich Kirkelande whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances in his demesne as of fee and right according to the custom of the manor etc and he called thereof to warranty Robt Parker who was present here in court in person and freely warranted to him the said tenements with appurtenances and upon this the said Rich Kirklande complained against the said Robt Parker tenant by his warranty present here in court of the said tenements with appurtenances 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 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 aforesaid Robt Parker in person came and defended his right to the said Rich Kirklande whenever etc and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and further he called thereof to warranty Thos Anderson who also was present here in court in person and freely warranted to him the said tenements with appurtenances and upon this the said Rich Kirklande complained against the said Thos Anderson tenant by his warranty present here in court of the said tenements with appurtenances 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 such should be his right etc and upon this the said Thos Anderson in person came and defended his right to the said Rich Kirklande etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and he puts 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 tenement with appurtenances 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 Rich Kirklande should have the right to have the said tenement with appurtenances as the better claim and the said Rich Kirklande sought licence to implead until one o'clock this same day and it is granted to him the same hour is given to the aforesaid Thos Anderson here by their assent etc and afterwards namely at that same hour of one o'clock on this same day the said Rich Kirklande returned in person and opposed the aforesaid Thos Anderson in the said plea and the said Thos Anderson although solemnly required did not return but in contempt of court went away and made default upon which proclamation openly and publicly was made in court three times according to the custom of the said manor that if anyone would claim the said tenements or any interest estate title claim or demand thereof he should come before final judgement thereof should be given and no one came and upon this the said Rich Kirklande sought judgement to be given to him and seisin of the said tenements with appurtenances by the said default upon which it was considered by the court that the said Rich Kirklande should recover his seisin of the said tenements with appurtenances against the said Robt Rookes to hold to the same Rich and his heirs according to the custom of the said manor peacefully from the aforesaid Robt Rookes and his heirs and from the aforesaid Robt Parker and his heirs and from the aforesaid Thos Anderson and his heirs forever and that the said Robt Rookes should have of the lands and tenements of the said Robt Parker within the jurisdiction of this court to the value etc and that the said Robt Parker furthermore should have of the lands and tenements of the said Thos Anderson within the jurisdiction of this court to the value etc and that the said Thos Anderson is in mercy and upon this the said Rich Kirklande sought a precept of the lord of the said manor for directing the bailiff of this manor to give him full seisin of the said tenements according to the said manor and it is granted returnable to him here at four o'clock on this same day and afterwards at that same hour of four o'clock on this same day let it be known that Jn Cooper bailiff of the said manor and minister of this court by mandate of the said precept granted seisin to him as directed by all orders and writs according to the custom of the said manor viz that he himself by virtue of the said precept directed to him did give to the aforesaid Rich Kirklande full seisin of the said tenements with appurtenances as by the said precept directed to him to be fulfilled and upon this the said Rich Kirklande now present here in person sought thereof admittance for himself to whom the lord by his said steward granted seisin thereof to hold the said tenement with appurtenances to the same Rich Kirklande and his heirs 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 and made fealty to the lord and was admitted thereof tenant of the lord and afterwards the court sitting came the said Rich Kirklande and in full and open court surrendered into the hands of the lord by the hands of his said steward all the premises with appurtenances viz one tenement called Mordons sometime Hen Layer's and half of one parcel of land called Tollehousegreene lately built containing in length 6p and breadth 12ft with appurtenances to the use and behoof of the said Robt Parker and his heirs forever to whom the lord by his said steward granted seisin thereof to have to the same Robt Parker 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 etc and made fealty to the lord and was admitted tenant of the lord and then in this same court now came the said Rich Kirklande with the said Robt Rookes and Thos Anderson in person and in full and open court surrendered into the hands of the lord by the hands of his said steward and by the lords licence remitted released and confirmed to the aforesaid Robt Parker into his full and peaceful possession and existing seisin according to the custom of the said manor and to his heirs and assigns all right estate title and demands whatsoever of and in the said tenements and other premises with appurtenances and all and every carriage of justice misappropriation petition suit of court plea action real personal or mixed whatsoever of about or confirming the said premises or any parcel thereof to the use and behoof of the aforesaid Robt Parker and his heirs in peace from the aforesaid Rich Kirklande and his heirs and from the aforesaid Robt Rookes and his heirs and from the aforesaid Thos Anderson and his heirs forever and for such a release the said Robt Parker gave to the lord a fine as is shown in the margin