Earls Colne Manor Court Rolls (ERO D/DPr82)

13.3.7WmM1 (Wednesday 13 March 1695)

document 40301067

and after said admission of the said Jn Parish came here into court Jn Eldred junior gentleman in his own person and complains against the said Jn Parish of said land viz one orchard 5a land and 2a pasture with appurtenances in Earls Colne within jurisdiction of this court held of said manor by copy of court roll by will of the lord according to custom of the said manor and claims as rightful inheritance and in which said Jn Parish has not entry but after the disseisin which Hugo Hunt unjustly and without judgement made to same Jn Eldred within thirty years now last past and made protestation to prosecute his said plaint in form and nature of a writ of entry upon a disseisin in le post at common law and found pledges to prosecute his said plaint Jn Doe and Rich Roe and prays process for that court to direct Jn Parish that here etc but said Jn Parish present here in court freely appears to answer without said process and this was conceded with assent of said Jn Eldred junior and thereupon said Jn Eldred junior demands against said Jn Parish the said tenement with appurtenances in Earls Colne held of the said manor by copy of court roll by will of lord according to custom of said manor to be his right and in which said Jn Parish has not right of entry but by the disseisin which Hugo Hunt unjustly and without judgement made to Jn Eldred junior within thirty years last past and whereupon he says that he was seised of the said tenement with appurtenances as of fee and right according to custom of said manor in time of peace in time of present king taking the profits from it to value etc and into which etc and thereupon brings suit and said Jn Parish in his own person comes and defends his right when etc and thereupon vouches to warranty said Ann Andrews who present here in court freely warrants and after this said Jn Eldred demands against the said Ann tenant by his warranty the said tenement with appurtenances in form aforesaid and whereupon he says he was seised of the said tenement with appurtenances in his demesne as of fee and right according to custom of said manor in time of peace in time of the present king by taking the profits to the value etc and into which etc and thereupon brings his suit etc and the said Ann in her own person comes and defends etc and further vouches thereupon to warranty Jn Sparrow who present here in court freely warrants and after the said Jn Eldred junior complains against said Jn Sparrow tenant by his warranty the said tenement with appurtenances in aforesaid form and says he was seised of said tenement with appurtenances in his demesne as of fee and right and according to custom of said manor in time of peace in time of present king by taking the profits to the value etc and into which etc and thereupon he brings suit and said Jn Sparrow tenant by his warranty defends his right when etc and says that Hugo Hunt did not disseise said Jn Eldred junior of said tenement with appurtenances or of any other parcel now as by form Jn Eldred by his plaint above supposes and of this he puts himself upon the homage of this court and said Jn Eldred junior thereupon craves leave to imparl here until the third hour after noon of this present day and he has it and the same hour is given said Jn Sparrow to be here etc and afterwards in this court at that hour came said Jn Eldred junior in his own person and the said Jn Sparrow though solemnly demanded did not come back but departed in contempt of court and made default therefore according to custom of said manor it is considered by this court that said Jn Eldred junior do recover against said Jn Parish his seisin of said tenement with appurtenances and that said Jn Parish recover said lands of Ann Andrews aforesaid tenant of said manor by copy of court roll to value etc and that said Ann recover of said lands of Jn Sparrow held of said manor by copy of court roll to value etc and that said Jn Sparrow is in mercy etc and after the said Jn Eldred junior prays a precept of the lord by said steward to direct baillie of said manor to cause him to have full seisin of the said tenement thus in form aforesaid recovered and it is granted him returnable here at four hours after noon of this present day at which fourth hour comes said Jn Eldred junior in his own person and Dan Nightingell baillie of said manor returns to this court and certified that he by virtue of precept by him thereupon directed caused Jn Eldred junior to have full seisin of said tenement which in form aforesaid was recovered as by precept to him made and then lord of said manor in last execution of the recovery aforesaid by his said steward granted delivery of seisin to said Jn Eldred junior by rod said tenement with appurtenances to have and hold said premises with appurtenances as in aforesaid form recovered to same Jn Eldred junior his heirs and assigns of the lord etc fine was pardoned