Earls Colne Manor Court Rolls (ERO D/DPr82)

28.3.6WmM1 (Wednesday 28 March 1694)

document 40300336

and afterwards Jn Eldred junior comes into court in his own person and complains against Geo Toller gentleman of the said lands viz one messuage and of 1a land with appurtenances in Earls Colne under jurisdiction of this court who claims as his rightful inheritance and in which Geo does not have right of entry but after the disseisin which Hugh Hunt unjustly and without judgement made to the same Jn Eldred within thirty years now last past and made protestation to prosecute his claim in form and nature of a writ of entry upon a disseisin in le post at common law and came pledges of process of his complaint Jn Doe and Rich Roe and prays process of court against the said Geo Toller baillie of the said manor to be directed that     the said Geo Toller present here in court freely appears and prays that he be freed from any process to answer etc and this was granted after that said Jn Eldred junior prays against the said Geo Toller tenement aforesaid with appurtenances and then says that he himself was seised of the messuage and lands with appurtenances in his demesne as of right and fee according to custom of the said manor in time of peace in time of the said king and queen taking profits to the value etc and into which etc and then he brings said suit etc and said Geo Toller in his own person comes and defends his right when etc and then calls to warrant Roger Roote and wife Ann who present here in court in their own persons freely warrant the messuage and said land with appurtenances and after said Jn Eldred prays against said Roger Roote and wife Ann holding by his warrant messuage and said lands with appurtenances in form aforesaid etc and then says that he himself was seised of the messuage and said lands with appurtenances in his demesne as of fee and right acc ording to custom of the said manor in time of peace in time of present king and queen then taking profits thereof to value etc and into which etc and then produces suit etc and the said Roger Roote and Ann his wife tenants by his warranty defend his right when etc and further vouch to warranty Jacob Potter who is also present here in court in his own person and freely warrants said messuage and lands with appurtenances by his warranty and after said Jn Eldred demands against him Jacob Potter tenant by his warranty in the messuage and said lands with appurtenances and then says that he himself seised of the said messuage and lands with appurtenances in his demesne as of fee and right according to custom of the manor etc taking thereof to the value etc and into which etc and then he brings suit etc and the said Jacob Potter tenant by his warranty comes and defends his right when etc and says that Hugo Hunt did not disseise the said Jn Eldred junior of the messuage and said lands with appurtenances as the said Jn by his said complaint and declaration thereupon above supposes and of this he puts himself upon the homage of this court and the said Jn Eldred junior then craves leave to imparl here until eleventh hour before noon of this present day and he has it and the same hour is given said Jacob Potter to be here etc and afterwards at the hour aforesaid came here into court said Jn Eldred junior in his own person and said Jacob Potter although solemnly demanded did not come again but remained in contempt of court and made default therefore it is considered by said court that said Jn Eldred junior do recover against said Geo Toller his seisin of the messuage and said lands with appurtenances and that said Geo Toller have of the said lands of said Roger Roote and Ann his wife held of this manor by copy of court roll to the value etc and that Roger Roote and Ann his wife have of the lands of said Jacob Potter held of this manor by copy of court roll to the value etc and the said Jacob Potter in mercy etc and upon this said Jn Eldred junior present here in court prays a precept of the lord by his steward to direct the baillie of the said manor to cause him to have full seisin of the messuage and said lands with appurtenances and it is hereby granted him to return here one hour after midday of the present day at which first hour said Jn Eldred junior came into court in his own person and Dan Nightingale baillie of the said manor certified that by virtue of the said precept to him thereupon directed caused Jn Eldred junior to have full seisin of the messuage and said lands with appurtenances as was precept made to him which Jn Eldred humbly petition the lord of the manor by his steward to be admitted to the premises lord by his steward granted seisin as in form of the said recovery to have and hold the said premises with appurtenances to Jn Eldred junior his heirs and assigns forever of the lord etc gave fine fealty respited