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Earls Colne Manor Court Rolls (ERO D/DPr79)

15.6.1663 (Monday 15 June 1663)

document 39400885

whereas at a court here held 28.3.1627 Jn Lucas gentleman Mary his wife now deceased and Eliz one of the daughters of the said Jn and Mary were admitted tenants of the lord viz the said Jn and Mary for their lifetimes and the said Eliz for herself and the heirs of her body legitimately procreated in remainder after the death of the said Jn and Mary to one parcel of land containing by estimation about 6a then divided into two parcels late parcel of a certain field called Lowfield in Earls Colne containing by estimation 16a lying between a meadow of the lord called Holme Meade also Hall Meadow on one part and the king's highway leading from the said Earls Colne towards Tey on the other part as it is divided by the metes and bounds and whereas at a court here held 19.10.1659 the said Eliz then wife of Thos Ball senior now deceased was admitted tenant of the lord for herself and the heirs of her body legitimately procreated to one croft of land called Wallnut Tree Croft with appurtenances the remainder thereof to the rightful heirs of the said Eliz now to this court came Geo Andrewes gentleman in person and through a licence of the lord and according to the custom of the manor complained against Edw Hewson gentleman and the said Eliz now his wife in a plea of land viz of 6a of land and 8a of pasture with appurtenances in the said Earls Colne in the county of Essex and within the jurisdiction of this court held from the lord of the manor as of the same manor by copy of court roll as his right and inheritance and into which the said Edw and Eliz had no right of entry except after a disseisin which Hugh Hunt unjustly and without judgement made to the said Geo within thirty years now last past and the same Geo made protestation to present his complaint in the form and nature of a writ from the king of entry upon disseisin in le post at common law according to the custom of the said manor and found here in court pledges to prosecute his complaint aforesaid viz Jn Doe and Rich Roe and demanded for himself process thereof to be made according to the custom of the said manor against the said Edw and Eliz by the bailiff of the said manor to direct that they be here at this court before the steward of the said manor this instant 15.6. viz at one o'clock on this instant day to reply to the aforesaid Geo of the aforesaid plea and it is granted to him etc but the said Edw and Eliz being present here in court in person freely appeared and sought a licence of the court that they themselves should be allowed to reply to the aforesaid Geo in the aforesaid plea without any further process directed against them and through the agreement of the said Geo it was granted to them and upon this the said Geo protesting to present his said plea in the said form in his own person complained against the aforesaid Edw and the said Eliz of the said 6a of land and 8a of pasture with appurtenances in the said Earls Colne within the jurisdiction of this court held of the lord of the 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 Edw and Eliz had no entry except after a disseisin which Hugh Hunt made unjustly and without judgement to the aforesaid Geo within thirty years now last past and whereupon 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 our lord the now king by taking thereof the profits to the value etc and in which etc and from thence he brought his suit upon this to this same court came the said Edw and Eliz and defended their right at any time etc and they called thereof to warranty Giles Lagden gentleman who present in court in person freely warrants the said tenements to them and upon this the said Geo seeks against the aforesaid Giles tenant by his warranty the aforesaid tenements with appurtenances in the aforesaid form and whereof he says that he himself was seised of the said tenements 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 thereof the profits etc to the value etc and in which etc and from thence he brought his suit and the said Giles tenant by his said warranty defended his right whenever etc and he says that the aforesaid Hugh Hunt did not disseisin the said Geo of the said tenements or of any other parcel thereof in the manner and form as the said Geo by this said complaint set out above and concerning this he puts himself upon the homage of this court and the said Geo sought licence there of to implead until two o'clock on this same day and it is granted to him and the same hour is given to the said Giles to be present here etc and afterwards the said Geo in person came into the same court at the same hour of two o'clock and the said Giles although he was solemnly required did not come but in contempt of court he departed and made default therefore according to the custom of the said manor it is considered by the court that the said Geo recovered against the aforesaid Edw and Eliz his wife seisin of the aforesaid tenements with appurtenances and that the said Edw and Eliz should have of the land of the said Giles held of the said manor by copy of court roll to the value etc and that the said Giles is thus in mercy and upon this the said Geo demanded and precept of the lord of the said manor by the said steward of the manor to be made to the bailiff of the said manor to direct him to give to him full seisin of the said customary lands in the form of the said recovery and it is granted to him returnable here at the hour of three o'clock this instant day at which certain hour of three the said Geo came in person and Giles Crowe bailiff of the said manor and servant of this court here and now in the same court certified and testified that he himself by virtue of the said precept directed to him gave to the aforesaid Geo in the form of the said recovery full seisin of the said tenement as he was commanded by the said precept and upon this the lord of the said manor in further execution of the said recovery by the said steward granted and delivered to the said Geo seisin of the said tenements thus in the form of the said recovery by the rod to have and to hold the said tenements with appurtenances to the said Geo his heirs and assigns forever in peace and quiet of the aforesaid Edw and Eliz and their heirs according to the form of the said recovery of the lord by the rod at the will of the lord according to the custom of the said manor by the separate rents services and customs thereunto belonging etc and the fine was pardoned and afterwards the aforesaid Geo came into the same court and by the rod surrendered into the hands of the lord by the hands of his said steward the said approximate 6a late parcel of the said Lowfield and the said croft of land called Wallnut Tree Croft with appurtenances and all and every the premises thus recovered in the said form to the use and behoof of the said Eliz her heirs and assigns forever to whom the same Eliz here present the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said premises with appurtenances to the said Eliz her heirs and assigns forever from the lord by the rod at the will of the lord according to the custom of the said manor by the separate rents services and customs thereunto belonging and by right accustomed and the fine was pardoned