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Earls Colne Manor Court Rolls (ERO D/DPr77)

18.4.1620 (Tuesday 18 April 1620)

document 38000451

the homage present that whereas at a court held for this same manor saturday 9.6.1593 it was presented by the homage of a certain court that Greg Garrard lying in extremis surrendered into the hands of the lord of the said manor one parcel of waste land upon which a cottage was built as lying in the kings highway leading towards Coggeshall from the far end of Earls Colne containing by estimation 1r of land on one head thereof abutting upon the land late of Jn Peacock and afterwards of Jn Tilwick as it is divided by the metes and bounds to the use and behoof of his last will and testament viz item I give and bequeath unto Agnes my wife my tenement or cottage with the appurtenances wherein I now dwell except the lower end of the yard or orchard wherein a cottage has come to be builded as it is now severed and enclosed with a hedge from the yard adjoining to the said tenement or cottage to have unto the said Agnes my wife for the term of her life the remainder to Geo Garrard my eldest son and to the heirs of his body lawfully begotten and furthermore it is presented that the aforesaid Agnes Garrard after the last court died and furthermore it is presented that Jn Garrard senior the son of the said Geo is the next heir in fee tail to the said premises and of full age viz 21years now to this court came the aforesaid Jn Garrard and humbly sought from the lord admittance to the said premises to whom the lord of the said manor by his said steward granted thereof seisin to have to him and the heirs of his body legitimately procreated 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 and was admitted thereof tenant of the lord and also in this court sitting came the aforesaid Jn Garrard in person and surrendered the said parcel of land with appurtenances into the hands of the lord by the said steward to the use and behoof of Hen Wright his heirs and assigns forever who the same said Hen present here in court sought for himself admittance thereof to the said premises to whom the lord by his said steward granted seisin thereof to have to the same Hen Wright and his heirs forever 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 and made fealty and was admitted thereof tenant of the lord and afterwards to this court came Thos Danett in person and by licence of the lord complained against the aforesaid Hen Wright of a plea of land viz of one parcel of waste land and one cottage built thereon pertaining in the said Earls Colne within the jurisdiction of this court held from 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 his said plea in the said 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 he found to pros ecute his said complaint in the said form viz Jn Doe and Rich Roe and sought process for himself to be made thereof according to the custom of the said manor against the aforesaid Hen Wright by the bailiff of the said manor to be directed to summon the aforesaid Hen Wright to reply to the aforesaid Thos Danett of the said plea and it was granted to him etc and upon this the said Hen Wright present here in court in person freely without further process by licence of the court and by the agreement of the said Thos Danett sought to answer the complaint of the said Thos Danett rendered against him and upon this the said Thos Danett as the first complainant presented his said complaint in the same court in the said manner and sought against the said Hen Wright present here in court of the said tenements viz one parcel of waste land and one cottage built thereon 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 held for himself and his heirs from the lord of this 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 whereas 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 Hen Wright in person defended his right whenever etc and his seisin of such seisi ns 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 and he called thereof to warranty Jn Garrard who present here in court in person freely granted the said tenements with appurtenances by his warranty and upon this the said Thos Danett sought against the said Jn Garrard tenant by his warranty present here in court of the said tenements with appurtenances in the said form whereof he says that he himself 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 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 Jn Garrard in person came and defended his right whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all of the said tenement with appurtenances in his demesne as of fee and right according to the custom of the said manor and further called thereof to warranty Jn Rand who also present here in court in person freely grants the said tenements with appurtenances by his warranty and upon this the said Thos Danett sought against the said Jn Rand 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 Jn Rand in person came and defended his right whenever etc and his seisin of such seisin etc and altogether etc and whatever etc and most of all of the said tenement 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 by the authority of the great assize of our lord the now king at the common law according to the custom of the said manor and he sought recognition thereof to be to whatever should have greater right to hold the said tenement with appurtenances to him and his heirs at the will of the lord according to the custom of the said manor as his tenements or the said Thos Danett should have the right to hold the said tenements with appurtenances as he himself has sought and the said Thos Danett sought licence thereof to implead until the hour of one o'clock the same day and it was granted to him the same hour was given to Jn Rand here by his assent and afterwards let it be known at the same hour of one o'clock this same day the said Thos Danett returned in person and opposed the aforesaid Jn Rand in the said plea and the said Jn Rand although solemnly required did not return but in contempt of court went away and made default upon which openly and publicly in this full court proclamation was three times made according to the custom of the said manor that if anyone claimed the said tenement or any right estate title claim or demand thereto he should come before final judgement thereof is given according to the custom of the said manor to make his claim and no one came and upon this the said Thos Danett sought judgement and seisin of the said tenements with appurtenances by the said default to be given to him upon which it was considered by the court that the said Thos Danett should recover his seisin of the said tenements with appurtenances against the said Hen Wright to hold to the same Thos and his heirs according to the custom of the said manor in peace of the aforesaid Hen Wright and his heirs and of the aforesaid Jn Garrard and his heirs and of the aforesaid Jn Rand and his heirs forever and that the said Hen Wright should have of the lands and tenements of the said Jn Garrard within the jurisdiction of this court to the value etc and that the said Jn Garrard furthermore should have of the lands and tenements of the said Jn Rand within the jurisdiction of this court to the value of etc and the same Jn Rand is in mercy and upon this the said Thos Danett sought a precept of the lord of the said manor by the bailiff of this manor to be directed to make to him full seisin of the said tenements according to the custom of the said manor and it was granted returnable to him here at the hour of four o'clock this same day and Jn Parker bailiff of the said manor and servant of this court granted the said precept for making seisin as directed of all services and executions according to the custom of the said manor viz that by virtue of the said precept directed to him he granted to the aforesaid Thos Danett full seisin of the said tenement with appurtenances as by the precept directed to him the precept was given and upon this the said Thos Danett present in court in person sought for himself admittance thereof to whom the lord by his said steward granted thereof seisin to hold the said tenements with appurtenances to the same Thos Danett 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 and was admitted thereof tenant of the lord and afterwards this present court sitting came the said Thos Danett and in full and open court surrendered into the hands of the lord by the hands of his said steward all the said premises viz one parcel of waste land containing by estimation 1r of land with one cottage built thereon to the use and behoof of the said Hen Wright and his heirs forever to whom the lord by his said steward granted thereof seisin to have to the same Hen Wright 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 and made fealty and was admitted thereof tenant of the lord and next into the same court came the said Thos Danett and the said Jn Garrard and Jn Rand in person and in full and open court surrendered into the hands of the lord by the hands of his said steward and by licence of the lord remitted released and confirmed to the aforesaid Hen Wright into his full and peaceful possession and existing seisin according to the custom of the said manor to his heirs and assigns all their right estate title interest and demands whatsoever of and in the said tenements and other premises with appurtenances and all and every error miscarriage of justice misappropriation petition suit of court plea action real personal mixed or whatever of about and concerning the said premises or any parcel thereof to the use of the aforesaid Hen Wright and his heirs in peace from the aforesaid Thos Danett and his heirs and from the aforesaid Jn Garrard and his heirs and from the aforesaid Jn Rand and his heirs forever and for such estate he gave to the lord his fine and made fealty and was admitted thereof tenant of the lord and furthermore this present court sitting Hen Wright surrendered the said premises with appurtenances and all his right and interest in the said premises to the use and behoof of the lord of the said manor his heirs and assigns upon condition however that if the said Hen Wright his heirs executors or assigns should pay or cause to be paid to Rich Harlakenden esq lord of the said manor his heirs or assigns the sum of 45s upon 24.6.1620 and 4li upon 1.11.1620 that then this present surrender should be null and void otherwise it should remain in full strength and force