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Earls Colne Manor Court Rolls (ERO D/DPr79)

2.1.1667 (Wednesday 2 January 1667)

document 39500419

whereas at a court here held 26.12.1639 Margt Ludgater then wife of Jn Ludgater clerk and now wife of Jn Cockerell yeoman took for herself and the heirs of her body legitimately procreated one messuage or cottage with appurtenances called Humfries and whereas at a court here held 16.2.1649 the said Margt took for herself and the heirs of her body legitimately procreated one other messuage or tenement called Baylyes or by whatever other name it is called with appurtenances at that time lately two cottage according as the aforesaid two messuages or cottages with appurtenances now lately were in the separate tenures of Francis Smith Jn Clerke and Jn Keble or their assigns now to this court came Hen Hutton and complained against the said Jn Cockerill and Margt his wife of a plea of land viz of two messuages with appurtenances in Earls Colne and within the jurisdiction of this court held of the lord of the manor as of the manor itself 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 Jn and Margt had not entry except after a disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Hen within thirty years now last past and the aforesaid Hen made protestation to present his complaint in the form and nature of a writ of the king of entry upon disseisin in le post at the common law according to the custom of the said manor and in the court found pledge to prosecute his said complaint viz Jn Roe and Rich Doe and demanded there to be process for himself thereof according to the custom of the said manor against the said Jn and Margt in the aforesaid plea and it was granted to him but the said Jn and Margt present in court freely appeared and sought licence of the court that they should be allowed to reply to the aforesaid Hen without any further process to be directed against them and by the consent of the said Hen it was granted to them upon which the said Hen demanded against the said Jn and Margt the said two messuages with appurtenances in the aforesaid Earls Colne held of the lord of the said manor as of the manor itself by copy of court roll and into which the said Jn and Margt did not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made against the aforesaid Hen within thirty years last past and whereof he said that he himself was seised of the said tenement with appurtenances 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 the profits to the value etc and from thence he brought the suit and the said Jn and Margt came into the same court and defended their right whenever etc and called thereof to warranty Barth Clerke who present in court freely warranted the said tenement with appurtenances to the aforesaid Jn and Margt his wife and upon this the aforesaid Hen demanded against the said Barth tenant by his said warranty the said tenement with appurtenances in the aforesaid form and said that he himself was seised of the said tenement with appurtenances in the time of peace in the time of our lord the now king etc by taking thereof the profits to the value etc and the aforesaid Barth tenant by his said warranty defended his right whenever etc and he says that the said Hugh Hunt did not disseisin the aforesaid Hen of the said tenement as the aforesaid Hen by his complaint and declaration had above set out and upon this he put himself upon the homage of this court and the aforesaid Hen sought licence of the court to implead until three o'clock this same day and he has it and the same hour was given to the said Barth and the aforesaid Hen came again in person into the same court and at the same hour of three and the said Barth although solemnly required did not come again but is in contempt of the court and made default therefore according to the custom of the said manor it was considered by the court that the aforesaid Hen recover against the said Jn and Margt his wife his seisin of the said tenement with appurtenances and that the said Jn and Margt should have of the land of the said Barth held of the said manor by copy of court roll to the value and that the said Barth is in contempt and upon this the aforesaid Hen sought a precept of the lord of the said manor by the said steward to direct the bailiff of the said manor to deliver to him seisin of the said tenement with appurtenances thus in the form of the said recovery and it was granted returnable to him here at four o'clock this same day at which same said hour of four the aforesaid Hen returned and Giles Crow bailiff of the said manor and servant of this court testified to the court that he himself by virtue of the said precept directed to him has delivered full seisin to the aforesaid Hen of the aforesaid tenement with appurtenances as by the said precept it was demanded of him and upon this the lord of the said manor at the petition of the said Hen and in further execution of judgement of the said recovery by the said steward granted and delivered to the aforesaid Hen seisin of the said tenement with appurtenances by the rod to have and to hold the said tenement with appurtenances thus in the form of the said recovery to the aforesaid Hen his 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