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Earls Colne Manor Court Rolls (ERO D/DPr79)

2.1.1667 (Wednesday 2 January 1667)

document 39500685

whereas at a court here held 28.12.1640 Helen Aymes wife of Hen Aymes took for herself and the heirs of her body legitimately procreated among other things about 3r of meadow lying in the meadow called Nokes and Burrowes now to this court came Hen Hutton gentleman in person and complained against the said Hen Aymes and Helen his wife of a plea of land viz of 1a of meadow with 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 same 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 Hen Aymes and Helen his wife did not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Hen Hutton within thirty years now last past and the aforesaid Hen made protest to present his said plea in the form and nature of a writ of our lord the king of entry upon disseisin in le post at the common law according to the custom of the said manor and found in court pledges to prosecute his said complaint viz Jn Roe and Rich Doe and demanded that there should be a precept thereof for him according to the custom of the said manor against the said Hen Aymes and Helen to be here at two o'clock this same day to reply to the aforesaid Hen Hutton in the aforesaid plea and it was granted to him but the said Hen Aymes and Helen freely appeared and sought licence of this court that they should be allowed to reply to the aforesaid Hen Hutton without any further process to be directed against them and by the assent of the said Hen Hut ton it was granted them upon which the said Hen Hutton demanded against the said Hen Aymes and Helen the said 1a of meadow with appurtenances in the said 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 Hen Aymes and Helen did not have entry except after a disseisin which Hugh Hunt unjustly and without judgement made against the aforesaid Hen Hutton within thirty years now 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 thereof profits etc to the value etc and the said Hen Aymes and Helen ca me into the same court and defended their right whenever etc and they called thereof to warranty Barth Clerke who present in court freely warranted the said tenement with appurtenances to the said Hen Aymes and Helen his wife and upon this the aforesaid Hen complained against the said Barth Clerke tenant by his said warranty the said tenement with appurtenances in the said form and he 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 etc to the value etc and the said Barth tenant by his said warranty defended his right whenever etc and said that the said Hugh Hunt did not disseisin the said Hen Hutton of the said tenement as the aforesaid Hen Hutton by his complaint and declaration aforesaid had above set out and concerning this he put himself upon the homage of this court and the aforesaid Hen Hutton sought licence of the court to implead thereof until the hour of three o'clock this same day and he had it and the same hour was given to the said Barth and afterwards in the same court and at the same hour of three the aforesaid Hen returned in person and the said Barth although solemnly required did not come but in contempt of court departed and made default therefore according to the custom of the said manor it was considered by the court that the aforesaid Hen Hutton should recover against the said Hen Aymes and Helen his wife his seisin of the said tenement with appurtenances and that the said Hen Aymes and Helen should have of the lands of the said Barth held of the said court by copy of court roll to the value etc and that the said Barth should be in mercy and upon this the aforesaid Hen Hutton demanded and precept of the lord of the said manor by the said steward to be directed to the bailiff of the said manor to deliver to him seisin of the said tenements with appurtenances thus in the form of the said recovery and it was granted to him returnable here at four o'clock this same day at which same said hour of four the said 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 delivered full seisin to the aforesaid Hen Hutton of the said tenement with appurtenances as it was commanded by the said precept and upon this the lord of the said manor at the petition of the said Hen and in further execution of judgement and of the said recovery by the said steward granted and delivered to the aforesaid Hen Hutton seisin by the rod of the said tenements with appurtenances to have and to hold the said tenements with appurtenances to the aforesaid Hen Hutton 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 rents services and customs thereunto belonging and by right accustomed and the fine was pardoned