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Earls Colne Manor Court Rolls (ERO D/DPr79)

1.11.1653 (Tuesday 1 November 1653)

document 39100387

Roshbrooke to Filbridggs whereas at a court held for the said manor 16.2.23Chas1 Jn Roshbrooke and Mary his wife were admitted tenants to them and the heirs of their bodies begotten and for default of such issue to the right heirs of the said Jn to one tenement called Filbridgs Windmill Hill and Lophams and to a parcel of land to the same belonging containing 2r more or less now at this court the said Jn and Mary did come and the said Mary being by the said steward solely and secretly examined as is the manner and consenting did surrender into the hands of the lord of the said manor by the hands of his said steward the said tenement and parcel of land with appurtenances to the use of Dan Lea his heirs and assigns forever to whom the lord of the said manor by his said steward did grant and deliver thereof seisin by the rod to have and to hold the said tenement and parcel of land with the appurtenances to the said Dan Lea his heirs and assigns of the lord by the rod at the will of the lord according to the custom of the said manor by the rents services due and his fine is pardoned and sitting the court Hen Hutton did come and by the licence of the lord of the said manor did complain against the said Dan Lea in a plea of land that is to say one messuage and 1a of pasture with the appurtenances in Earls Colne within the jurisdiction of this court and held of the lord of the said manor as of the said manor by copy of court roll at the will of the lord according to the custom of the said manor as his right and inheritance and into which the said Dan Lea hath no entry but after the disseisin which Hugh Hunt unjustly and without did to the said Hen Hutton within thirty years last past and the said Hen Hutton did make his protestation to present his said plaint in the form and nature of a writ of entry on disseisin in le post at the common law according to the custom of the said manor and did in court find pledges to follow his said plaint that is to say Jn Doe and Rich Roe and desired process to him to be made according to the custom of the said manor against the said Dan Lea that he be at this court at one o'clock in the afternoon of this present day to answer the said Hen in his plea aforesaid and process was granted unto him etc and the same hour is given to the said Dan Lea but the said Dan being present in court did willingly appear and desired licence of the court that he may be admitted to answer to the said Hen Hutton without any process to be directed against him and by the assent of the said Hen it is granted unto him and thereupon the said Hen Hutton doth demand against the said Dan Lea one messuage and 1a of pasture with the appurtenances in Earls Colne aforesaid within the jurisdiction of this court and held of the lord of the said manor as of the said manor by copy of court roll as his right and inheritance according to the custom of the said manor and into which the said Dan hath no entry but after the disseisin which Hugh Hunt did to him unjustly and without judgement within thirty years last past and whereupon he saith that he was seised of the said tenements with the appurtenances in his demesne as of fee and of right according to the custom of the said manor in the time of peace in the time of Charles late king of England etc by taking the esplees to the value etc and thereupon doth bring his suit whereupon at the same court came the said Dan Lea in his own person and doth defend his right when etc and doth call thereof to warranty the said Jn Roshbrooke and Mary his wife who being present in court and the said Mary being solely and secretly examined by the said steward did voluntarily warrant the said tenements with the appurtenances to the said Dan and thereupon the said Hen Hutton did demand against the said Jn and Mary his wife tenants by their warranty aforesaid the aforesaid messuage and 1a of pasture with the appurtenances in form aforesaid and saith that he was seised of the said tenements with the 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 esplees etc and thereupon doth bring his suit and the said Jn and Mary his wife do defend their right etc and vouch thereof to warranty Jn Bullocke who being present in court did voluntarily warrant the said tenements with the appurtenances to the said Jn and Mary his wife and thereupon the said Hen Hutton did demand against the said Jn Bullocke tenant by his warranty aforesaid the tenements aforesaid with the appurtenances in form aforesaid and saith that he was seised of the said tenements with the 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 esplees etc and thereupon doth bring his suit and the said Jn Bullocke tenant by his warranty aforesaid doth defend his right and saith that the said Hugh Hunt did not disseisin the said Hen of the tenements aforesaid or of any part thereof in manner and form as the said Hen by his plaint aforesaid hath supposed and for this doth put himself upon the homage of this court and the said Hen Hutton doth desire licence to implead till two o'clock in the afternoon of this instant day and it is granted unto him and the same hour is given to the said Jn Bullocke to be here and afterwards in the same court at two o'clock in the afternoon of the said day the said Hen did come and the said Jn Bullocke being solemnly demanded and called came not but in contempt of court did depart and made default therefore according to the custom of the said manor it is considered by the court that the said Hen Hutton recover against the said Dan Lea the said tenements with the appurtenances and that the said Dan shall have of the lands and tenements of the said Jn Roshbrooke and Mary his wife held of this manor by copy of court roll to the value and the said Jn and Mary his wife to have of the lands and tenements of the said Jn Bullocke held of the said manor by copy of court roll to the value etc and the said Jn Bullocke is in mercy and thereupon the said Hen Hutton did desire the precept of the lord of this manor to the bailiff of the said manor to be directed to deliver unto him seisin of the said messuage and 1a of pasture with the appurtenances so as aforesaid recovered and it is granted unto him returnable here at three o'clock in the afternoon of the said day at which hour the said Hen Hutton did come in his own person and Giles Crowe bailiff of the said manor and officer of this court now at this court did return and testify that he by virtue of the said precept to him directed hath delivered full seisin to the said Hen of the tenement aforesaid as by the said precept he was commanded and thereupon the lord of the said manor at the petition of the said Hen and in further execution of the said recovery by his steward aforesaid did grant and deliver to the said Hen seisin by the rod of the tenements so as aforesaid recovered to have and hold the same to the said Hen Hutton his heirs and assigns of the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services due and accustomed and his fine is pardoned and afterwards in the same court the said Hen and Dan Lea did come in their own persons and surrendered into the hands of the lord of the said manor by the hands of his said steward the said messuage and premises so as aforesaid recovered with the appurtenances to the use and behoof of the said Jn Roshbrooke his heirs and assigns to whom the lord of the said manor by his said steward did grant and deliver thereof seisin by the rod to have and to hold the same to the said Jn Roshbrooke his heirs and assigns of 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 due and he gave to the lord for a fine