[an error occurred while processing this directive]

Earls Colne Manor Court Rolls (ERO D/DPr79)

9.3.1647 (Tuesday 9 March 1647)

document 38900021

whereas at a court here held 2.10.16== (torn) Jane Clench and Helen Clench were admitted tenants of the lord for themselves and the heirs of their bodies legitimately procreated to about 9a of land called Chewny Land as is shown by the said court roll now to this court came Wm Harlakenden gentleman in person and sought licence from the lord against the said Jane Clench and Helen Clench in a plea of land viz of 3a of land and 7a of pasture 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 custom of the said manor and he made protest to present his said claim against the said Jane and Helen in this same court in the form and nature of a writ from our lord the king of rightful letters patent at the common law and according to the custom of the said manor he found pledge to prosecute his said complaint in the aforesaid form viz Jn Den and Rich Fenn and sought process for himself to be made thereof according to the custom of the said manor against the aforesaid Jane and Helen by the bailiff of the said manor to direct to return here to the next court to be holden for the said manor to reply to the aforesaid Wm Harlakenden of the plea aforesaid and it was granted to him and the same day is given to the aforesaid Jane and Helen but the aforesaid Jane and Helen present here in court in person freely appear and seek licence of the court that they themselves should be able to answer the complaint of the said Wm Harlakenden without further process being directed against them and by the assent of the said Wm Harlakenden it is granted to them and upon this the said Wm Harlakenden as by his previous complaint sought to present his aforesaid complaint in the aforesaid form against the aforesaid Jane and Helen for the aforesaid tenements viz 3a of land and 7a of pasture 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 said manor which he claims to hold for himself and his heirs from the lord of this manor as of this manor by the rod at the will of the lord according to the custom of the said manor and whereupon he says that he was seised of the 3a of land and 7a of pasture with appurtenances in his demesne as so fee at the will of the lord etc according to the custom 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 the said Jane Clench and Helen Clench in person defended their right to the said Wm and their seisins of such seisins etc at any time etc and altogether etc and whatever etc and most of all of the said tenements with appurtenances in their demesne as of fee and right according to the custom of the said manor etc and they called to warranty thereof Robt Crow who present in court in person freely warrants the said tenements to them and upon this the said Wm Harlakenden demands against the aforesaid Robt Crow tenant by his warranty the aforesaid tenements with appurtenances in the aforesaid form and whereupon 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 etc 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 whereof the said Jane and Helen unjustly took possession from him etc and that by such it appears it should be his right etc and upon this the aforesaid Robt Crow in person comes and defends his right whenever etc and his seisin of such seisins and altogether etc and whatever etc and most of all of the aforesaid tenement etc 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 he seeks recognition thereof either to have himself the right to hold the said tenement with appurtenances for himself and his heirs at the will of the lord etc as tenant by his said warrant or the said Wm has the right to hold the said tenement with appurtenances as he seeks upon the others and the said Wm Harlakenden seeks leave of imparlance until four o'clock on this day 9.3. and it is granted to him and the same hour is given to the aforesaid Robt Crow to be here by agreement and afterwards let it be known at the same hour of four o'clock this same day the said Wm Harlakenden came again into court in person and opposed himself against the aforesaid Robt Crow in the said plea and the said Robt Crow solemnly required to appear did not come again but in contempt of court departed and made default upon which proclamation was openly and publicly made three times according to the custom of the said manor that if anyone would claim the said tenement or any rights or demands thereto he should come before final judgement should be given according to the custom of the said manor to make his claim but no one came and upon this the said Wm Harlakenden seeks judgement and seisin of the said tenement with appurtenances by default to be granted to him upon which according to the custom of the said manor it is considered by the court that the said Wm Harlakenden should recover seisin of the said tenement with appurtenances against the aforesaid Jane and Helen to hold the same to Wm and his heirs according to the custom of the said manor etc in peace from the aforesaid Jane and Helen and their heirs and from the aforesaid Robt Crow and his heirs and that the said Jane and Helen should have of the lands and said tenements of Robt Crow within the jurisdiction of this court to the value etc and the same Robt Crow is in mercy and upon this the aforesaid Wm Harlakenden in this same court according to the custom of the said manor seeks a precept of the lord of this manor by his said steward to be made to the bailiff of the said manor to arrange for his possession and full seisin of the customary tenements in the said form by the recovery and the restoration is to be granted to him here at five o'clock on this 9.3. at this same court at which hour of five came the said Wm Harlakenden in person and 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 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 Wm Harlakenden full seisin of the said tenements with appurtenances as directed by the said precept 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 Wm Harlakenden by the said steward granted and delivered seisin to him of the said tenements with appurtenances in the aforesaid form of the recovery to have and to hold the said tenements with appurtenances in the aforesaid form of the recovery to the aforesaid Wm Harlakenden his heirs and assigns from the lord by the rod etc and he gave to the lord his fine etc and next in this same court came the said Jane Clench and Helen Clench and the said Robt Crow and surrendered into the hands of the lord by the hands of the said steward all and singular the said premises with appurtenances in the said form of the recovery to the use and behoof of the said Wm Harlakenden gentleman and his heirs and by the lord's licence for themselves and their heirs remitted released and quitclaimed to the said Wm in full and existing possession and to his heirs all their rights titles and demands whatsoever of and in the premises and all and every miscarriage of justice misappropriation of court pleas petitions and actions of through and concerning the said premises to whom the lord by the said steward granted and delivered seisin by the rod to hold for himself and his heirs from the lord by the rod at the will of the lord and for such concessions and releases he gave to the lord his fine and afterwards in the same court and the court sitting came the said Wm Harlakenden in person and in full court surrendered in the hands of the lord by the hands of the said steward the said premises in the said form of the recovery with appurtenances to the use and behoof of Dan Rogers senior of Netherfeild in Essex bachelor of theology his heirs and assigns forever to whom by the hands of Robt Finch his deputy the lord by the said steward granted and delivered seisin by the rod to have and to hold the said premises with appurtenances to the said Dan Rogers his heirs and assigns 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 he gave to the lord his fine but his fealty was respited