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Earls Colne Manor Court Rolls (ERO D/DPr77)

8.8.1620 (Tuesday 8 August 1620)

document 38000871

whereas at a view with court here held wednesday being 23.10.1616 Thos Harlakenden gentleman was admitted for himself and his heirs by the surrender of Rich Jollie to all that hay pasture and herbage of an entire wood called Haunsers Hedge situated in the said Earls Colne as by copy of a roll of the same court clearly shown now to this court came Jn Reade in person and by licence of the lord complained against the aforesaid Thos Harlakenden of a plea of land viz of all that hay pasture and grazing of the whole wood called Haunsers Hedge situated 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 his said complaint in this same court in the form and nature of a writ of our lord the now king or rightful letters patent at the common law according to the custom of this same manor and he found pledge to prosecute his aforesaid complaint in the said form viz Jn Doe and Rich Roe and sought process to be made thereof for him according to the custom of the said manor against the aforesaid Thos Harlakenden by the bailiff of the said manor to be directed to him to summon the aforesaid Thos Harlakenden to reply to the aforesaid Jn Reade of the said plea and it is granted to him and upon this the said Thos Harlakenden present in court in person freely without further process by licence of the court and by the agreement of the said Jn Reade to be allowed to answer the complaint of the said Jn Reade and it is granted thereupon to him and upon this the said Jn Reade as the first complainant was able to present his said complaint in the same court in the said form against the aforesaid Thos Harlakenden present here in court of the said tenements viz all that hay pasture and grazing of the whole wood called Haunsers Hedge situated 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 this same manor by the rod at the will of the lord according to the custom of the said manor 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 within sixty years now last past by taking thereof the profits to the value etc and that such should be his right and the said Thos Harlakenden in person 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 the manor etc and he called thereof to warranty Rich Jollie who present here in court in person freely warrants to him the said tenement with appurtenances and upon this the said Jn Reade sought against the said Rich Jollie 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 Rich Jollie 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 tenements with appurtenances in his demesne as of fee and right according to the custom of the said manor and furthermore he calls thereof to warranty Jn Rand who also is present in court in person and freely warrants the said tenement with appurtenances to him and upon this the said Jn Reade sought against Jn Rand himself tenant by his warranty present here in court of the said tenements with appurtenances in the said form and 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 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 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 put himself upon the homage of this court in place and authority of the great assize of our lord the now king at the common law according to the custom of the said manor and sought recognition thereof to be for who ever should have the right to hold the said tenements with appurtenances either for himself and his heirs at the will of the lord according to the custom of the said manor as his tenements or the said Jn Reade should have the right to hold the said tenements with appurtenances as shown above and the said Jn Reade sought licence thereof to implead until the hour of one o'clock this same day and it was granted to him and the same hour was given to Jn Rand here by the same agreement and afterwards let it be known at the same hour of one o'clock this same day the said Jn Reade 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 the same full court proclamation was three times made according to the custom of the said manor that if anyone would claim the said tenements or any right estate title claim or demand thereof he should come before final judgement thereof should be given according to the custom of the said manor to make his claim and no one came and upon this the said Jn Reade 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 Jn Reade should recover his seisin of the said tenements with appurtenances against the said Thos Harlakenden to hold to the same Jn Reade and his heirs according to the custom of the said manor in peace from the aforesaid Thos Harlakenden and his heirs and from the aforesaid Rich Jollie and his heirs and from the aforesaid Jn Rand and his heirs forever and that the said Thos Harlakenden should have of the lands and tenements of the said Rich Jollie within the jurisdiction of this court to the value etc and that the said Rich Jollie should furthermore have of the lands and tenements of the said Jn Rand within the jurisdiction of this court to the value etc and the same said Jn Rand is in mercy etc and upon this the said Jn Reade sought a precept of the lord of the said manor to be directed to the bailiff of this manor to make to him full seisin of the said tenements according to the custom of the said manor and it is 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 was instructed by the said precept to make seisin to him as directed in all ways and executions according to the custom of the said manor viz that by virtue if the said precept thereof directed to him he should make to the aforesaid Jn Reade full seisin of the said tenements with appurtenances as by the said precept to him thereof directed the precept was made and upon this the said Jn Reade now present in court in person sought for himself thereof admittance to whom the lord by his said steward granted thereof seisin to hold the said tenements with appurtenances to the said Jn Reade 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 was admitted thereof tenant of the lord and furthermore this present court sitting came the said Jn Reade and in full and open court surrendered into the hands of the lord by the hands of the said steward all the said premises viz all that hay pasture and grazing of the whole wood called Haunsers Hedge to the use and behoof of the said Thos Harlakenden and his heirs forever to whom the lord by his said steward granted thereof seisin to have to the same Thos Harlakenden and his heirs to hold from the lord by the rod at the will of the lord according to the customs 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 next into this same court came the aforesaid Jn Reade and the said Rich Jollie 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 Thos Harlakenden 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 interest and demand whatsoever of and in the said premises and all and every miscarriage of justice petition suit of court complaint action real personal or mixed whatever of about and concerning the said premises or any parcel thereof to the use and behoof of the aforesaid Thos Harlakenden and his heirs in peace from the aforesaid Jn Reade and his heirs and from the aforesaid Rich Jollie and his heirs and from the aforesaid Jn Rand and his heirs forever and for such the said release Thos Harlakenden gave to the lord his fine as is shown in the margin