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Earls Colne Manor Court Rolls (ERO D/DPr79)

18.6.1650 (Tuesday 18 June 1650)

document 39000021

whereas at a court here held 18.2.3Jas1 Margt then wife of Jn Grigges and the late wife of Jn Woodward deceased was admitted tenant of the lord for her lifetime the remainder thereof to Joan Woodward daughter of the said Jn and afterwards wife of Wm Lungly and the heirs of her body legitimately procreated by the surrender of the said Jn Woodward to two crofts now three crofts of land called Petticroftes also Pettecroftes with appurtenances and whereas at a court here held 3.1.1637 it was shown by the homage that after the then last court the said Margt died and afterwards and before the said court the said Joan died and that Jn Lungley was her son and heir and whereas at the said court the said Jn was admitted to the premises for himself and the heirs of his body and whereas at a court here held 17.1.1649 it was shown by the homage that after the then last court the said Jn died seised thereof without heirs of his body and that Ann Lungley now wife of Wm Wyborow was daughter and heir of the body of the said Joan as is shown by the said court roll now to this court came the said Ann and humbly sought admittance to the premises to whom the lord by the said steward granted and delivered seisin by the rod to have and to hold the said croft of land with appurtenances to the said Ann and the heirs of her body legitimately procreated 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 she gave to the lord her fine and afterwards in the same court and the court sitting came Barth Clarke in person and in a plea to the lord and according to the custom of the said manor complained against the aforesaid Wm Wyborow and Ann his wife in a plea of land viz of 6a of pasture with appurtenances in Earls Colne in the county of Essex within the jurisdiction of this court held from the lord of the said manor as of the same manor by copy of court roll as his right and inheritance and into which the said Wm and Ann had no entry except after a disseisin which Hugh Hunt unjustly and without judgement made thereof to the aforesaid Barth within thirty years now last past and the same Barth Clarke made protest to present the complaint in the form and nature of a writ of entry upon a disseisin in the post at the common law according to the custom of the said manor and found pledge to prosecute this aforesaid complain there in court viz Jn Doo and Rich Roo and demanded process thereupon to be made according to the custom of the said manor against the aforesaid Wm and Ann by the bailiff of the said manor to direct that they should be here at this court before the steward of the said manor this 18.6. viz at the hour of three o'clock on this same day to reply to the aforesaid Barth Clarke of the aforesaid plea and it was granted to him and the same hour was given to the aforesaid Wm and Ann but the said Wm and Ann present here in court in person freely appeared and sought licence of the court that they themselves should be able to answer the complaint of the aforesaid Barth Clarke without further process being directed against them and by the assent of the aforesaid Barth it is granted to them and upon this the aforesaid Barth Clarke by his previous complaint in the aforesaid form in person sought against the aforesaid Wm and Ann the 6a of pasture with appurtenances in the said Earls Colne within the jurisdiction of this court held from the lord of the said manor as from the manor itself by copy of court rolls his right and inheritance according to the custom of the said manor and into which the said Wm and Ann did not have entry except after a disseisin which Hugo Hunt unjustly and without judgement made thereof within certain years last past and whereof he says that he himself was seised of the said tenements in his demesne as of fee and right according to the custom of the said manor in the time of peace in the time of Charles now king of England etc by taking the profits thereof to the value etc and in which etc and so forth etc and from thence he brought his suit upon which into the same court came the aforesaid Wm and Ann and defended their right when etc and they called thereof to warranty Robt Crowe who present in court in person freely warranted the said customary tenement to them with appurtenances in the said form and whereof he says that he himself was seised of the said 6a of pasture with appurtenances in his demesne as of fee and right according to the custom of the said manor in the time of peace etc by taking the profits thereof etc to the value etc and in which etc and from thence he brought the suit and the aforesaid Robt Crowe tenant by his warranty defended his right when etc and he says that the aforesaid Hugo Hunt did not disseisin the aforesaid Barth Clarke of the said customary tenement nor of any parcel thereof in the manner and form that the aforesaid Barth Clarke by his complaint and declaration aforesaid had set forth above and about this he puts himself upon the homage of the court and the said Barth Clarke sought licence thereof to postpone until the hour of four o'clock this same day and he has it and the same hour is given to the aforesaid Robt Crowe to be present here etc and afterwards in the same court at the same hour of four o'clock the said Barth Clarke in person came and the said Robt Crowe although he was solemnly required did not come but in contempt of the court departed and made default therefore according to the custom of the said manor it was considered by the court that the said Barth Clarke should recover against the said Wm Wyborowe and Ann his wife seisin of the said 6a of pasture with appurtenances and that the said Wm and Ann should have of the lands and tenements of the said Robt Crowe held of the said manor by copy of court roll to the value etc and the said Robt is in mercy and upon this the same Barth Clarke sought a precept of the lord of the said manor by the bailiff of the said manor to arrange for him to have full seisin of the said customary tenement in the said form by the recovery and to grant to him the restoration here at the hour of five o'clock this same day at which same hour of five o'clock came the said Barth Clarke in person and Robt Johnson bailiff of the said manor and servant of this court here in the same court issued and testified that he himself by virtue of the said precept directed to him did give to the aforesaid Barth Clarke full seisin according to the recovery of the said customary tenements according to the said precept that was directed to him and upon this the lord of the said manor in final execution of the said recovery by the said steward granted and delivered to the aforesaid Barth Clarke seisin according to the recovery of the said 6a of pasture by the rod to have and to hold for himself and his heirs in quiet and peace from the aforesaid Wm and Ann his wife and their heirs according to the form of the said recovery from the lord by the rod at the will of the lord according to the custom of the said manor etc by the rents etc and he gave to the lord his fine and afterwards in the same court came the said Barth Clarke and surrendered into the hands of the lord by the hands of the said steward the said 6a of pasture and appurtenances as in the form of the said recovery to the use and behoof of the said Ann her heirs and assigns who present in court humbly sought admittance to the premises to whom the lord by the said steward granted and delivered seisin by the rod to have and to hold the said 6a of pasture with appurtenances to the said Ann her 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 she gave to the lord her fine