Earls Colne Manor Court Rolls (ERO D/DPr82)

11.9.1701 (Thursday 11 September 1701)

document 40600868

then came into court Simon Overall in his own person and complains against said Jn Cooke of a plea of land viz one messuage one orchard one garden with appurtenances situate in Earls Colne and held of this manor by copy of court roll as his right and inheritance according to custom and in which said Jn Cooke has not right of entry by after the disseisin which Hugo Hunt to the said Simon Overall thereupon unjustly and without judgement made within thirty years now last past and made protestation to prosecute said plaint in form and nature of a writ of entry upon a disseisin in le post at common law as by custom of said manor and found pledges to prosecute his said plaint Jn Doe and Rich Roe and prays process of court according to custom of said manor against Jn Cooke to direct baillie of said manor that here at this court on this 11.9. at one hour after mid day on this day said Jn Cooke to reply to said plea and this was granted but said Jn Cooke freely appears without any process and prays licence in said plea without any process against him directed he himself should be permitted to reply and Simon consented to this and it was granted to him and then said Simon in his own person prays against etc after which in court Jn Cooke defends his right etc and vouches thereupon warranty etc said Wm Wenden and Sara his wife who are present here in court in proper persons freely warrant the said tenement with appurtenances said Simon Overall demands against said Wm Wenden and Sara his wife etc said Wm Wenden and Sara his wife in their own persons come and defend their right etc vouch to warranty Rich Wiseman who present here in court freely warrants to them said tenement Simon Overall demands against said Rich Wiseman etc and said Rich Wiseman comes into court and defends his right etc and says said Hugo Hunt did not disseise said Simon of the said tenement or of any other parcel as Simon Overall in said plaint above supposes and of this he puts himself etc said Simon Overall craves leave to imparl until the second hour after mid day of this present day etc and is given Rich Wiseman to be here etc and afterwards at this court at that second hour comes said Simon Overall in his own person and said Rich Wiseman although solemnly demanded did not come again but departed in contempt of court and made default it is therefore considered according to custom Simon Overall recover seisin against said Jn Cooke of the customary lands of Wm Wenden and Sara his wife etc and precept of the lords of manor to direct baillie to cause him to have full seisin of the said tenement with appurtenances thus in form recovered and it is granted him returnable here at third hour after midday of this present day at which third hour comes said Simon Overall and Dan Nightingell baillie of said manor returns here into court and certified that by virtue of the precept etc he had caused said Simon Overall to have full seisin etc the lords in execution of said recovery by said deputy steward granted delivery of seisin to said Simon of said tenement etc fine pardoned