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Earls Colne Manor Court Rolls (ERO D/DPr79)

3.1.1668 (Friday 3 January 1668)

document 39600021

whereas at a court held for the said manor 15.1.1650 it was testified by the steward and was shown by the homage that Hen Ennew senior who held for himself and his heirs by copy of court roll bearing the date 11.12.1638# one messuage and one garden late of Wm Greene and about 4a of land enclosed lying next to Hynds Land situated and lying in Earls Colne in the county of Essex after the then last court viz 23.11.1649 surrendered by the rod into the hands of the lord by the hands of the said steward the said messuage and garden and land with appurtenances by name all his messuage and lands held of the said manor by copy of court roll to the wishes and uses mentioned and expressed in his testament and last will and whereas at a court held for the said manor 30.12.1651 it was shown by the then homage that the said Hen after the then last court died thus seised thereof at which court Phil Ennew the executor of the testament and last will of the said Hen was admitted tenant of the land for himself and his assigns until Wm Ennew grandson of the said Hen should reach his age of twenty three years according to the tenor and effect of the testament and last will of the said Hen now at this court it was shown by the homage that the said Wm Ennew in the month of september now last past .9.last reached his age of 23yrs and upon this the said Wm came and showed here in court the testament and last will of the said Hen Ennew his grandfather in writing bearing the date 20.11.1649 the tenor of which concerning the premises among other things in the following English words item I give and bequeath unto the said Wm Ennew my grandchild all those my messuages lands and tenements as well freehold as copyhold with every of their appurtenances situate lying and being in the several parishes of Aldham Fordham Earls Colne and Copford by what name or names soever the same premises or any of them are called or known to have and to hold to the said Wm Ennew my grandchild at the age of twenty three years and to the heirs male of his body lawfully to be begotten and for want of such issue to Hen Ennew my grandchild and to the heirs male of his body lawfully to be begotten and for want of such issue to the right heirs of the said Hen Ennew my son forever as is clearly shown by the said testament and last will proved 7.6.1655 under the signature of the then clerk for proving the will and granting it to the bearer upon which the said Wm Ennew sought admittance for himself as tenant of the lord for the premises to whom the lord by the said steward granted and delivered sei sin thereof by the rod to have and to hold the said messuage garden and lands with appurtenances to the said Wm and the heirs male of his body legitimately to be procreated 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 he gave to the lord his fine and afterwards in the same court and the court sitting came Hen Hutton gentleman and complained against the said Wm Ennew in a plea of land viz of one messuage one garden and 6a of land with appurtenances in Earls Colne in the county of Essex and within the jurisdiction of this court and held of the lord of the said 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 Wm did not have entry except after a disseisin which Hugh Hunt unjustly without judgement made to the aforesaid Hen within thirty years now last past and the aforesaid Hen made protest to present his said complaint in the form and nature of a writ of our lord the king of entry upon a disseisin in le post at the common law according to the custom of the said manor and he found pledge to prosecute his said complaint viz Jn Doe and Rich Roe and demanded process for himself to be made thereupon against the said Wm to be here at three o'clock this same day to reply to the aforesaid Hen in the said plea and it was granted to him but the said Wm present in court freely appeared and sought licence of the court that he himself should be allowed to reply to the aforesaid Hen without any further process to be directed against him and by the assent of the aforesaid Hen it was granted to him upon which the aforesaid Hen sought against the said Wm the said messuage garden and 6a of land with appurtenances in the aforesaid Earls Colne 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 and into which the said Wm did not have entry except after the disseisin which Hugh Hunt unjustly and without judgement made to the aforesaid Hen within thirty years now last past and he said that he himself was seised of the said tenement 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 thereupon he brought suit and the said Wm came into the same court and defended his right whenever etc and he called thereof to warranty Sam Burton who present in court freely warranted the said tenement to the said Wm and upon this the aforesaid Hen sought against the said Sam tenant by his said warranty the said tenement with appurtenances 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 by taking thereof the profits to the value etc and the said Sam tenant by his said warrant defended his right whenever etc and he said that the said Hugh Hunt had not disseisined the aforesaid Hen of the said tenement as the aforesaid Hen by his said complaint and declaration had above set out and concerning this he put himself upon the homage of this court and the aforesaid Hen sought licence of the court to implead thereupon until the hour of four o'clock this same day and he had it and the same hour was given to the said Sam and afterwards in the same court and at the same hour of four the aforesaid Hen returned in person and the said Sam although solemnly required did not come again 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 should recover against the said Wm his seisin of the said tenement with appurtenances and that the said Wm should have of the lands of the said Sam held of the said manor by copy of court roll to the value etc and the said Sam is in mercy and upon this the aforesaid Hen according to the custom of the said manor sought a precept of the lord of the said manor by his said steward to the bailiff of the said manor and minister of this court to be directed to deliver to him full seisin of the said tenement with appurtenances thus in the form of the said recovery and it was granted returnable to him here this same day the court sitting and afterwards this same day and the court sitting the aforesaid Hen came and Giles Crow bailiff of the said manor and minister of this court certified to the court that he himself by virtue of the said precept directed to him this same day gave to the aforesaid Hen seisin of the said tenement with appurtenances as by the said precept it was directed to him and upon this the lord of the said manor at the petition of the aforesaid Hen and in further execution 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 said form of the 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 rents services and customs thereunto belonging and by right accustomed and the fine was pardoned through the grace of the lord and afterwards in the same court and in open court the aforesaid Hen came and by the rod surrendered into the hands of the lord by the hands of his said steward the said messuage garden and lands with appurtenances to the use and behoof of the said Wm his heirs and assigns forever to whom the same said Wm seeking this the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said messuage garden and lands with appurtenances to the said Wm his heirs and assigns from the lord by the rod at the will of the lord ac cording to the custom of the said manor by the rents services and customs thereunto belonging and by right accustomed and the fine was pardoned through etc and afterwards in the same court and in open court the said Wm Ennew by the rod surrendered by the rod into the hands of the lord by the hands of the said steward the said messuage garden and about 4a of land with appurtenances to the use and behoof of Jn Fletcher of Great Yeldham grocer and Mary his wife and the heirs of their bodies legitimately procreated and in default of such heirs to the use and behoof of Jn and Mary and their heirs and assigns forever to whom the same said Jn in person and the said Mary by the hands of the said Jn in the part of her attorney and deputy the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said messuage garden and other premises with appurtenances to the said Jn and Mary and the heirs of their bodies legitimately procreated the remainder thereof in the aforesaid form 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