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Earls Colne Manor Court Rolls (ERO D/DPr78)

11.12.1638 (Thursday 11 December 1638)

document 38601332

Boomes and 4a next to Hyndesland to this court came Wm Bricke and Marcia his wife daughter and heir of Wm Greene who held to themselves and the heirs of the body of the said Marcia legitimately procreated as in the right of Marcia herself one messuage with garden adjoining in Colne St late Wm Boone alias Broome and afterwards Jn Greene father of the said Wm Greene and about 4a of customary land enclosed adjoining Hyndesland with appurtenances as is shown by the court roll dated 23.9.1611 and by the court roll dated 15.4.1623 and Marcia herself solely and secretly examined by the said steward as is the custom in full and open court they surrendered into the hands of the lord by the hands of the said steward the said messuage garden and 4a of land with appurtenances to the use and behoof of Hen Ennew senior of Coggeshall clothier his heirs and assigns forever who present in court humbly sought admittance to whom the lord by the said steward granted and delivered seisin by the rod to have and to hold the said messuage and other premises with appurtenances to the said Hen Ennew his heirs and assigns forever 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 etc and afterwards clearly to this court came Jn Reade himself and through licence from the lord complained against the said Hen Ennew of a plea of land to wit of one messuage one garden and 4a of land with appurtenances lying in the said Earls Colne within the jurisdiction of this court and held from the lord of the said manor at the will of the lord by copy of court roll according to the customs of the said manor and he made protest to present his said complaint against the aforesaid Hen Ennew in this court in the form and nature of a writ from the now lord king of rightful letters patent at the common law and according to the customs of this same manor found pledge to prosecute his complaint in the said form viz Jn Doe and Rich Roe and demanded process for himself thereupon to be made according to the custom of the said manor against the aforesaid Hen Ennew by the bailiff of the said manor to direct him to return here to the next court to be held for the said manor to reply to the complaint of the said Jn Reade of the aforesaid plea and it is granted to him and the same day is given to the said Hen Ennew but the said Hen Ennew present himself here in court freely appears and seeks licence of the court that he himself should be able to answer the complaint of Jn Reade without further process being directed against him and by the assent of the said Jn Reade it is granted to him and upon this the said Jn Reade as previously protested sought to present his aforesaid complaint in the aforesaid form against Hen Ennew for the tenement aforesaid viz one messuage one garden and 4a of land with appurtenances situated in the aforesaid Earls Colne within the jurisdiction of this court as his right and inheritance according to the custom of the manor aforesaid which he proclaims to hold to himself and his heirs from the lord of this manor of this same manor by the rod at the will of the lord according to the customs 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 manor aforesaid 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 for which the said Hen Ennew unjustly deforced him and that for such justice he brought his suit etc and the aforesaid Hen Ennew himself defended his right to the said Jn Reade etc and his seisin of such seisins etc at any time etc and altogether etc and whatever etc and most of all of the aforesaid tenements with appurtenances in his demesne as by fee and right and according to the customs of the said manor from before the memory of living man and on the contrary he had right of possession and approval etc and he called thereof to warranty the said Wm Bricke and Marcia his wife who present here in court in person freely warrant to him the said tenement and upon this the said Jn Reade demands against the aforesaid Wm Bricke and Marcia tenants by their warranty the said tenements with appurtenances in the aforesaid 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 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 to the value etc and thereof the said Hen Ennew unjustly and illegally took possession from him and that by such it appears it should be his right and upon this the said Wm Brick and Marcia in person came and defended their right to the said Jn Reade etc at any time etc and their seisin of such seisins etc and whatever etc and most of all for the said tenements in their demesne as by fee and right according to the customs of the said manor furthermore they called to the warranty thereof Israel Ennew who present in court in person freely warrants to them the aforesaid tenements with appurtenances and upon this the said Jn Reade demands against the said Israel Ennew tenant by his said warranty present in court the said tenement with appurtenances in the aforesaid 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 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 Hen Ennew unjustly and unlawfully took possession from him and that by such it appears it should be his right etc and upon this the said Israel Ennew came in person and defended his right whenever etc and his seisin of such seisins etc and altogether etc and whatever etc and most of all for the said tenements with appurtenances in his demesne as of fee and right according to the customs 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 king at the common law according to the customs of the said manor and he seeks recognition thereof either to have himself the right to hold the said tenement with appurtenances to himself and his heirs at the will of the lord according to the customs of the said manor as tenant by his said warranty or the said Jn Reade has the right to hold the said tenements with appurtenances as he demanded upon the others and the said Jn Reade sought leave of imparlance until three o'clock on this day and it is granted to him and the same hour is given to the aforesaid Israel Ennew to be here by agreement and afterwards let it be known that at the same hour of three o'clock upon the same day the said Jn Reade came again in person and opposed the aforesaid Israel Ennew in the aforesaid plea and the aforesaid Israel Ennew although he was solemnly required did not come again but in contempt of the court departed and made default upon which proclamation was openly and publicly made three times in court according to the customs of the said manor that if anyone would claim the said tenements or any right estate title or demand thereto he should come before final judgement thereof should be given according to the customs of the said manor to make his claim and none came and upon this the said Jn Reade seeks judgement and seisin of the said tenements with appurtenances by the aforesaid default to be transferred to him upon which according to the customs of the said manor it is considered by the court that the said Jn Reade should recover his seisin of the said tenements with appurtenances against the aforesaid Hen Ennew to hold to the same Jn Reade and his heirs according to the customs of the said manor by the quitting of the said Hen Ennews and his heirs and of the said Wm Bricke and Marcia his wife and the heirs of the said Marcia and of the said Israel Ennew and his heirs forever and that the said Hen Ennew should have of the lands and tenements of the said Wm and Marcia in the right of Marcia herself within the jurisdiction of this court to the value etc and that the aforesaid Wm Bricke and Marcia should have of the lands and tenements of the said Israel Ennew within the jurisdiction of this court to the value etc and the aforesaid Israel Ennew is in mercy and upon this the same Jn Reade according to the customs of the said manor sought a precept of the lord of this manor by the bailiff of the said manor to arrange for him to have full seisin of the said tenements according to the customs of the said manor and to grant to him the restoration here at four o'clock on this day the court sitting and afterwards at the same hour of four o'clock in full court and the court sitting Edw Clarke bailiff of the said manor and servant of this court issued the said precept to grant seisin to him as directed in all settlements or orders and writs viz that he himself by virtue of the said precept directed to him did give to the aforesaid Jn Reade full seisin of the said tenements with appurtenances as by the aforesaid precept directed to him to be fulfilled and upon this the lord of the said manor in final execution of the said recovery and at the petition of the said Jn Reade by the said steward granted and delivered seisin to him of the said premises with appurtenances to have and to hold the said tenements with appurtenances in the aforesaid form of the recovery to the said Jn Reade his heirs and assigns forever 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 the court sitting came the said Jn Reade in person and in full and open court surrendered into the hands of the lord by the hands of his said steward the said messuage garden and 4a of land and all other premises with appurtenances to the use and behoof of the said Hen Ennew his heirs and assigns forever who present in court humbly sought admittance to whom the lord by the said steward granted and delivered seisin by the rod to have and to hold the said messuage and other premises with appurtenances to himself and his heirs forever 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 made fealty and was admitted tenant and afterwards into the same court came the said Jn Reade Wm Bricke and Marcia his wife she herself solely and secretly examined by the steward of the court as is the custom and the said Israel Ennew in their own persons and surrendered into the hands of the lord by the hands of the said steward all and singular the premises not by the lords licence remitted released and confirmed for him and his heirs and any of them to the aforesaid Hen Ennew in his full and peaceful possession and existing seisin and according to the customs of the said manor to his heirs and assigns all their right estate title interest and demand whatsoever of and in the said premises and all and every miscarriage of justice misappropriation petition suit of court plea action real personal or mixed whatsoever of about and concerning the said premises or any parcel thereof to the use and behoof of the said Hen Ennew his heirs and assigns by the quitclaim of the aforesaid Jn Reade and his heirs and of the aforesaid Wm Bricke and Marcia and the heirs of the said Marcia and of the aforesaid Israel Ennew and his heirs and for such a release the said Hen Ennew gave to the lord his fine etc