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Earls Colne Manor Court Rolls (ERO D/DPr78)

24.7.1639 (Wednesday 24 July 1639)

document 38700156

whereas at a view of frankpledge with court baron here held 20.4.1636 Sam Newton and Margt his wife were admitted tenants of the lord for themselves and the heirs of their bodies legitimately procreated to one messuage or customary tenement with curtilage adjoining called Greenes tenement and separately to one garden late parcel of a single tenement called Jakes lying between the tenement late of Hen Pullen called Campions and the said tenement called Jakes as it is divided by the metes and bounds and to all the buildings pertaining to the said messuage with appurtenances as is shown by the said court roll now to this court came the said Sam Newton and Margt his wife Margt herself solely and secretly examined by the steward of the court as is the custom and in full and open court surrendered into the hand of the lord by the hands of the said steward the said messuage garden and other premises with appurtenances to the use and behoof of Wm Stanes 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 Wm Stanes 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 viz to this court came Jn Reade in person and by the lords licence complained against the aforesaid Wm Stanes of a plea of land viz of one messuage and garden with appurtenances lying in 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 Wm Stanes in this court in the form and nature of a writ of the king of letters patent at the common law and according to the customs of this same manor he found pledge to prosecute his said complaint in the aforesaid form viz Jn Doe and Rich Roe and sought process for himself to be made thereof according to the customs of the said manor against the aforesaid Wm Stanes by the bailiff of the said manor to direct him to return here to the next court for the said manor to be held in order to reply to the aforesaid Jn Reade about his said complaint and it was granted to him and the same day was given to the said Wm Stanes but the aforesaid Wm Stanes present here in court in person freely appeared and sought licence from the court that he himself should be able to answer the complaint of the said 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 by his previous complaint sought to present his aforesaid complaint in the aforesaid form against the said Wm Stanes for the aforesaid tenements viz one messuage and garden with appurtenances situate in the aforesaid Earls Colne within the jurisdiction of this court as his right and heritage according to the customs of the said manor which he claims to hold for himself and his heirs from the lord of this manor and by the same manor by the rod at the will of the lord according to the customs of the said manor etc and whereof he says that he is seised of the messuage and said garden 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 lord the now king etc by taking the profits thereof to the value etc and thereof the said Wm Stanes unjustly illegally took possession from him and that by such it appears it should be his by right etc and the said Wm Stanes in person defended his right to the said Jn Reade etc to his seisin of such seisin etc at any time etc and all together etc and whatever etc and most of all to the said tenement with appurtenances in his demesne as of fee and right according to the customs of the said manor from before the memory of living man etc and on the contrary he has right of possession and approval etc and he called thereof to warranty the said Sam Newton and Margt his wife who present in court in person freely warrant to him the said tenement and upon this the said Jn Reade demands against the said Sam Newton and Margt tenants by their said warranty the said tenement 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 and in the time of peace in the time of our lord the now king etc by taking thereof the profits to the value etc and whereof the said Wm Stanes unjustly and unlawfully took possession from him and that by such it appears it should be his by right and upon this the aforesaid Sam Newton and Margt appeared in person and defended their right against the aforesaid Jn Reade etc and their seisin of such seisins etc and most of all in the aforesaid tenement in their demesne as of fee and right according to the custom of the manor aforesaid and they called to warranty Robt Finch who present in court in person freely warrants to them the aforesaid tenement and upon this the aforesaid Jn Reade complained against the said Robt Finch tenant by his warranty present here in court of the aforesaid tenement with appurtenances as his right and inheritance according to the custom of the said manor which he claims to hold to himself and his heirs from the lord of this manor by the rod at the will of the lord according to the custom etc and whereof he said that he is seised of the messuage etc in his demesne as of fee and right at the will of the lord etc by taking the profits thereof to the value etc and whereof the said Wm Stanes unjustly took possession of him and by such it is his right etc and upon this the said Robt Finch in person came and defended his right etc and to his seisin of such seisins etc and most of all to 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 lord the king at the common law according to the custom 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 tenement with appurtenances as by a superior demand and the said Jn Reade sought licence thereof of imparlance until three o'clock on this same day and it is granted to him and the same hour is given to the aforesaid Robt Finch to be here by agreement and afterwards let it be known that at that same hour of three o'clock on the same day the said Jn Reade returned in person and opposed the said Robt Finch in the said plea and the said Robt Finch being solemnly required to appear did not return but in contempt of court departed and made default upon which proclamation was openly and publicly made three times in the same court according to the customs of the said manor that if anyone would claim the said tenement or any right estate title or demand thereof he should come before final judgement should be given according to the customs of the said manor at the proclamation when it is made and none came and upon this the said Jn Reade sought judgement and seisin of the aforesaid tenement with appurtenances by the aforesaid default to be proclaimed for him upon this according to the customs of the said manor it is considered by the said court that the aforesaid Jn Reade should recover his seisin of the messuage and aforesaid garden with appurtenances against the aforesaid Wm Stanes to hold to the said Jn Reade and his heirs according to the customs of the said manor by the quitclaim of the aforesaid Wm Stanes and his heirs and of the aforesaid Sam Newton and Margt his wife and their heirs and of the aforesaid Robt Finch and his heirs forever and that the said Wm Stanes should have of the lands and tenements of the aforesaid Sam and Margt within the jurisdiction of this court to the value etc and that the aforesaid Sam Newton and Margt should have of the lands and tenements of the said Robt Finch within the jurisdiction of this court to the value etc and that the aforesaid Robt Finch 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 tenement 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 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 orders and writs according to the customs of the said manor 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 tenement as by the aforesaid precept directed to him to be fulfilled and upon this the lord of the 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 tenements with appurtenances to have and to hold the said tenements with appurtenances in the aforesaid form by the aforesaid recovery to 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 other premises with appurtenances to the use and behoof of the said Wm Stanes 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 garden 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 next into the same court came both the aforesaid Jn Reade Sam Newton and Margt his wife she herself solely and secretly examined by the steward of the court as is the custom and the said Robt Finch in their own persons and surrendered into the hands of the lord by the hands of the said steward all and singular the premises and also by the lords licence remitted released and confirmed for him and his heirs and any of them to the aforesaid Wm Stanes 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 whatever of and in the said premises and all and every miscarriage of justice misappropriation petition suit of court plea action real personal or mixed whatever of about and concerning the said premises or any parcel thereof to the use and behoof of the said Wm Stanes his heirs and assigns by quitclaim from the aforesaid Jn Reade and his heirs and from the aforesaid Sam Newton and Margt and their heirs and from the aforesaid Robt Finch and his heirs and for such a release the aforesaid Wm Stanes gave to the lord his fine etc