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Earls Colne Manor Court Rolls (ERO D/DPr78)

31.10.1633 (Thursday 31 October 1633)

document 38500280

and afterwards clearly to this court came Roger Harlakenden gentleman himself and complained against the said Wm Nevill of a plea of land viz of 20a of land and 70a of pasture with appurtenances lying in the said Earls Colne and within the jurisdiction of this court and held of the lord of this manor and from this said manor by copy of court roll at the will of the lord according to the customs of the said manor and protested to present his said complaint against the said Wm Nevill in the form and manner of the lord king's letters patent at the common law according to the customs of the said manor and found pledge to prosecute his complaint the said Jn Doe and Rich Roe and demanded process thereupon to be made according to the custom of the said manor against the said Wm Nevill by the bailiff of the said manor to be made to return here at the next court for the said manor to answer to the aforesaid Roger Harlakenden of the plea aforesaid and it is granted to him and the same day is given to the said Wm Nevill but the said Wm Nevill is present here in court himself and he freely arranges and seeks licence of the court to answer the said Roger Harlakenden in the plea aforesaid and with the agreement of the said Roger Harlakenden it is granted and upon this the aforesaid Roger Harlakenden protested to present the complaint in the said form himself and sought against the said Wm Nevill the lands and aforesaid tenements with appurtenances viz the said 20a of land 70a of pasture with appurtenances in the aforesaid Earls Colne within the jurisdiction of this court and held from the lord of this manor and of this said manor by the rod at the will etc and whereof the same Roger Harlakenden said that he himself was seised of the said 20a of land and 70a of pasture with appurtenances in his demesne as of fee and right according to the custom of the said manor at the will of the lord etc in the time of peace in the time of our sovereign lord now the king by taking the profits thereof to the value etc and whereof the said Wm Nevill himself unjustly had entry etc and that they should become his as his right and inheritance etc and the said Wm Nevill in person came and defended his right to Roger Harlakenden and defended his seisin of such seisin etc at any time etc and altogether etc and whatever etc and most of all of the lands and said tenements with appurtenances as by fee and right and according to the customs of the said manor from before the memory of living man etc and on the contrary he had right of possession and approval and he called to the warranty thereof the said Wm Collyn who is present here in court in person and freely warrants to him the said lands and tenements and upon this the said Roger Harlakenden demands against the said Wm Collyn tenant by his warranty the said lands and other premises with appurtenances in the aforesaid form and whereupon he says that he was seised of the said land and other premises with appurtenances in his demesne as of fee and right according to the customs of the said manor in the time of peace in the time of our sovereign lord the now king by taking the profits thereof etc and whereof the said Wm Nevill unjustly had entry etc and that they should become his as his right and inheritance etc and upon this the said Wm Collyns tenant by his warranty defended his right to the said Roger Harlakenden and defended his seisin of such seisin etc at any time etc and altogether etc and whatever etc and most of all of the said lands and other said premises with appurtenances as by fee and right and according to the customs of the said manor and he calls to warranty Jn Parker who present here in person freely shows and warrants to him the said lands and other premises with appurtenances and upon this the said Roger Harlakenden demands against the said Jn Parker tenant by his warranty the said lands and other premises with appurtenances in the aforesaid form and whereupon he says that he was seised of the said lands and other the premises with appurtenances in his demesne as of fee and right etc according to the customs of the said manor etc in the time of peace in the time of our sovereign lord the now king by taking the profits thereof to the value etc and whereof the said Wm Nevill himself unjustly had entry etc and that they should become his as his right and inheritance etc and the said Jn Parker tenant by his warranty defended his right to the said Roger Harlakenden and defended his seisin of such seisins etc at any time etc and altogether etc and whatever etc and most of all the lands and said tenements with appurtenances as by fee and right and he puts himself upon the homage of this court in place of and by way of the great assize of our lord the king at the common law according to the custom of the said manor and demands recognition thereof of his right to the said lands and other premises with appurtenances according to the customs of the said manor to himself and his heirs as tenant by his warranty or else the said Roger Harlakenden should have the said lands and other premises with appurtenances according to the customs of the said manor according as his demands were better and the said Roger Harlakenden sought leave of imparlance until two o'clock on this day and the same hour is likewise given to the said Jn Parker by agreement and afterwards the said Roger Harlakenden came again here in court in person at that same two o'clock but the said Jn Parker although he was solemnly required did not come again but in contempt of the court departed and made default etc whereupon proclamation was openly and publicly made three times according to the customs of the said manor that if anyone would claim the said 20a of land 70a of pasture or any parcel thereof with appurtenances or any right estate and title in the premises that he should come before final judgement thereof should be given according to the customs of the said manor to make his claim but none came and the said Roger Harlakenden sought indictment and to be given seisin of the said lands and other premises whereupon according to the custom of the said manor he had right of possession and approval from before the memory of a living man etc and it is agreed by the court here that the said Roger Harlakenden should recover his seisin against the said Wm Nevill of the said 20a of land 70a of pasture with appurtenances to hold the same to Roger and his heirs forever at the will of the lord according to the custom of the said manor by the quitclaim of the said Wm Nevill and his heirs and of the said Wm Collin and his heirs and of the said Jn Parker and his heirs and that the said Wm Nevill should have of the customary lands of the said Wm Collyn within the jurisdiction of this court to the value etc and that the said Wm Collyn should have of the customary lands of the said Jn Parker within the jurisdiction of this court to the value etc and that the said Jn Parker should be amerced and after this the said Roger Harlakenden according to the customs of the said manor desired a precept from the bailiff of the manor and servant of this court to arrange for his possession and full seisin of the premises with appurtenances in the said form by the recovery and to grant the restoration to him here at four o'clock on this day with the court sitting and afterwards at that hour of four o'clock on that day in full and open court and the court sitting Edw Clarke bailiff of the said manor and servant of this court certified here to the court that he by virtue of the precept aforesaid to him directed did give to the aforesaid Roger Harlakenden full seisin of the premises with appurtenances as by the aforesaid precept according to the customs of the said manor and thereupon the lord of the said manor in full execution of the judgement and the said recovery and at the request of the said Roger Harlakenden by the said steward granted and delivered to him seisin thereof of the said 20a of land 70a of pasture with appurtenances by the rod to have to himself 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 etc and he gave to the lord his fine etc and afterwards in full and open court came the said Roger Harlakenden and surrendered the said 20a of land and 70a of pasture with appurtenances under the description four crofts of land called Michills and certain lands called Hobstevens and one croft of land called Pitchards to the use and behoof of the said Wm Nevill and his heirs forever to whom the lord by the said steward granted and delivered seisin by the rod to have to himself and his heirs forever to hold from the lord by the rod at the will of lord according to the customs of the said manor etc and afterwards in the same court and the court sitting came the said Wm Nevill and surrendered into the hands of the lord by the hands of the said steward two parcels of pasture containing about half an acre parcel of Hobstevens now fenced out and ditched one parcel thereof lying at the lower part of Hobstevens against Stonebridge and another parcel lying at the top part of Hobstevens next to Boultinghouse Lane and then in the tenure of Jn Little senior of Halstead gentleman to the use and behoof of Jn Little junior son of the said Jn and the heirs and assigns of the said Jn Little junior forever to whom through the said Jn Little his father deputy and attorney the lord by the said steward granted and delivered seisin by the rod to have the said two parcels of pasture with appurtenances to the said Jn Little the son and his heirs forever 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 services and customs thereunto belonging and by right accustomed and he gave to the lord his fine and he was admitted but his fealty was respited and furthermore in the same court and the court sitting came the said Wm Nevill in person and surrendered into the hands of the lord by the hands of his said steward the said customary lands called Hobstevens except what has already been surrendered containing about 23a and a half to the use and behoof of the said Wm Nevill and Mary his wife and the heirs of the said Wm forever to whom the lord by the said steward granted and delivered seisin by the rod to have to themselves and the heirs of the said Wm forever 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 services and customs thereunto belonging and by right accustomed and they gave to the lord their fine and the said Wm made fealty and thus they were admitted tenants of the lord and furthermore the said Wm Nevill came into court and in full court surrendered into the hands of the lord by the hands of the said steward the said four crofts of land with appurtenances called Michells containing about 30a with appurtenances to the use and behoof of the said Wm Nevill and Mary his wife and the heirs of the said Wm forever to whom the lord by the said steward granted and delivered seisin by the rod to have the said four crofts of land with appurtenances to the said Wm and Mary and the heirs of the said Wm forever 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 services and customs thereunto belonging and by right accustomed and they gave to the lord their fine and the said Wm made fealty and they were admitted tenants of the lord and furthermore the said Wm Nevill came here in court and in full court surrendered into the hands of the lord by the hands of the said steward the said customary croft of land with appurtenances called Pitchards containing about 18a and all other lands and tenements held by him from the said manor by copy of court roll to the use and behoof of the said Wm Nevill and Mary his wife and the heirs of the said Wm forever to whom the lord by the said steward granted and delivered seisin by the rod to have the said croft of land and other premises with appurtenances to the said Wm and Mary and the heirs of the said Wm 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 services and customs thereunto belonging and by right accustomed and they gave to the lord their fine and the said Wm made fealty and thus they were admitted tenants of the lord