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Earls Colne Manor Court Rolls (ERO D/DPr79)

16.1.1655 (Tuesday 16 January 1655)

document 39101769

whereas at a court held for the said manor 26.12.1639 Walt Pease and Frances his wife were admitted tenants to them and the heirs of their bodies to one messuage or cottage with the yard garden and appurtenances to the same called Carters and to the moiety of a well in the yard belonging to the said messuage and whereas at a court held for the said manor 2.11.1652 it was presented by the homage that the said Walt Pease and Frances since the then last court that is to say upon 24.1.1652 did surrender into the hands of the lord of the said manor by the hands of Jas Markeham in place of the bailiff and in the presence of Robt Potter and Edw Potter two customary tenants of the said manor the same witnessing the said premises with the appurtenances to the use of Judith Tanner widow now the wife of Robt Potter and of her heirs upon condition that if the said Walt and Frances or either of them their or either of their heirs executors or administrators shall pay or cause to be paid to the said Judith her executors or assigns at or in the then dwelling house of Sam Sherman in Dedham 19s upon 2 4.1.1653 and 16li9s upon 24.1.1654 that then the said surrender shall be void now at this court the said Robt and Judith did come and informed the court that the said several sums or any of them or any part of them were not paid according to the said condition and are yet wholly unpaid the which the said Walt and Frances being present in court did acknowledge and thereupon the said Judith prayed to be admitted to the same 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 messuage and premises to the said Judith her 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 she gave to the lord for a fine and afterwards sitting the court Rich Cam did come and by the licence of the lord of the said manor did complain against the said Robt Potter and Judith his wife in a plea of land that is to say of one messuage and one garden with the appurtenances in Earls Colne in the county of Essex 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 Robt and Judith have no entry but after the disseisin which Hugh Hunt unjustly and without judgement did to the said Rich Cam within thirty years last past and the said Rich did make his protestation to present his said plaint in form and nature of a writ of entry sur disseisin in le post at the common law according to the custom of the said manor and did in court find pledges to present his said plaint that is to say Jn Doe and Rich Roo and desired process to him to be made according to the custom of the said manor against the said Robt and Judith his wife that they be at the next court to be held for the said manor to answer to the said Rich in his plea aforesaid and process was granted unto him and the same day is given to the said Robt and Judith but the said Robt and Judith being present in court did willingly appear and desired licence of the said court that they may be admitted to answer the said Rich Cam without any process to be directed against them and by the assent of the said Rich it is granted to them and thereupon the said Rich did demand against the said Robt and Judith one messuage one garden 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 Robt and Judith have no entry but after the disseisin which Hugh Hunt did to him unjustly and wit hout judgement within thirty years last past and whereupon he saith that he was seised of the tenements aforesaid 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 late king of England by taking thereof the profits to the value etc and thereupon bringeth suit etc whereupon at the same court came the said Robt and Judith in their own persons and did defend their right when etc and do call to warranty thereof the said Walt and Frances his wife who being present in court and the said Frances being solely and secretly examined by the said steward as the manner is did voluntarily warrant the tenements aforesaid with the appurtenances to the said Robt and Judith and thereupon the said Rich Cam did demand against the said Walt and Frances tenants by their 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 profits etc and thereupon doth bring suit etc and the said Walt and Frances defend their right etc and do vouch thereof to warranty Jn Pennock who being present in court did voluntarily warrant the tenement aforesaid with the appurtenances to the said Walt and Frances and thereupon the said Rich Cam did demand against the said Jn Pennocke 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 profits etc and thereupon doth bring suit etc and the said Jn Pennock tenant by his warranty doth defend his right etc and saith that the said Hugh Hunt did not disseise the said Rich Cam of the tenement aforesaid or of any part thereof in manner and form as the said Rich by his plaint aforesaid hath supposed and of this doth put himself upon the homage of the said court and the said Rich Cam doth desire licence to implead till three o'clock in the afternoon of this instant 16.1. and it is granted unto him and the same time is given to the said Jn Pennock to be here and afterwards in the same court at three o'clock in the afternoon of the said day the said Rich did come and the said Jn Pennock being solemnly demanded and called came not but in contempt of the court did depart and make default therefore according to the custom of the said manor it is considered by the court that the said Rich recover against the said Robt Potter and Judith his wife the tenements aforesaid with the appurtenances and that the said Robt and Judith have of the lands and tenements of the said Walt and Frances held of the said manor by copy of court roll to the value etc and the said Walt and Frances have of the lands and tenements of the said Jn Pennock held by copy of court roll of the said manor to the value etc and the said Jn Pennock in mercy and thereupon the said Rich Cam did desire the precept of the lord of the said manor by his said steward to the bailiff of the said manor to be directed to deliver unto him seisin of the said tenements as aforesaid recovered and it is granted unto him returnable here at five o'clock in the afternoon of this instant day at which time the said Rich Cam did come in his own person and Giles Crow bailiff of the said manor and officer of this court did return and testify that by virtue of the said precept to him directed he hath delivered full seisin to the said Rich 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 Rich Cam and in further execution of the said recovery did by his said steward grant and deliver to the said Rich seisin by the rod of the tenements as aforesaid recovered to have and to hold the same to the said Rich 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 and his fine was pardoned and afterwards in the same court the said Rich Cam Robt Potter and Judith his wife Walt Pease and Frances his wife the said Judith and Frances being severally solely and secretly examined by the steward as the manner is and consenting did surrender into the hands of the lord of the said manor by the hands of his said steward the said tenements with the appurtenances so as aforesaid recovered by the name of one messuage or cottage and one garden called Carters with the moiety of a well belonging to the said messuage with the appurtenances to the use and behoof of Jn Izerson his heirs and assigns who being present in court desired to be admitted tenant to the same 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 messuage or tenement and premises with the appurtenances to the said Jn Izerson 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 he gave to the lord for a fine and did his fealty