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Earls Colne Manor Court Rolls (ERO D/DPr91 checked with D/DPr71)

16.8.1542 (Wednesday 16 August 1542)

document 63600629

memorandum at the court here at Earls Colne aforesaid holden on tuesday in the week of pentecost in the 34Hen4 30.5.1542 Hen Heygate (Reynold Heygate ) in his proper person plaint against Jn Banbury in a plea of land viz one messuage with the appurtenances called Skinners one croft of land sometime builded on one barn called Burtonsgarden with free ingress and egress through the gate of the manor there viz from the highway leading toward Colchester even to the said barn and though a croft called Bereccroft to carry and recarry there through the said gates as through the said croft one tenement with the appurtenances called Gentries three crofts containing 12a of land called Bromecrofts one croft of land containing 11a of land called Berecrofte with one way leading to the field aforesaid to drive and chase and one meadow late parcel of the said croft of land called Berecroft containing 3a customary with the appurtenances in Earls Colne aforesaid within the jurisdiction of this court and protesteth to prosecute his plea aforesaid in the nature and form of the king's writ of right at the common law and found pledges to prosecute his suit aforesaid viz Wm Dent and Nich Py and the foresaid Jn being then present in the court appeared of his own accord and hereupon the foresaid Reynold in his proper person demandeth against the foresaid Jn one messuage with the appurtenances called Skinners one croft of land sometime builded on one barn called Burtonsgarden with free ingress and egress through the gates of the manor etc one tenement with the appurtenances called Gentries three crofts of land containing 12a of land called Bromecrofts one croft of land containing 11a of land called Berecrofte with one way leading to the said field aforesaid to drive and chase and one meadow late parcel of the said croft of land called Berecroft containing 3a of land customary with the appurtenances in Colne aforesaid within the jurisdiction of this court as his right and inheritance by plaint in the nature and form of the king's writ of right at the common law etc and whereupon he saith that he himself that he was seised of and in the messuage lands tenements and other the premises with the appurtenances in his demesne as of fee and right according to the custom of the manor in the time of peace in the time of the lord now king taking the etc to the value and that such is his right he offereth etc and the foresaid Jn in his proper person came and defended the right of the foresaid Reynold when etc and the seisin thereof of which seisin etc as of fee and right etc and chiefly of the messuage lands tenements and other the premises with the appurtenances etc and all etc and putteth himself into the king's great assize and craveth recognizance to be made whether he have more right to hold the messuage lands tenements and other the premises with the appurtenances as he holdeth the same or the foresaid Reynold to have the said messuages lands tenements and other the premises with the appurtenances and he craveth the same etc and the said Reynold likewise and hereupon the same Reynold saith that within the court of this manor there is and hath been such a custom amongst other from beyond the mind of man viz that after parties in a plea of customary land in the court of the same manor were at issues that those issues ought to be tried by the homage of the same court viz by the customary tenants of the manor aforesaid in stead of the great assize and not otherwise therefore by the assent of the the parties aforesaid there was charge give to the bailiff of the manor aforesaid and the minister of this court that he should cause to come before the steward of the court aforesaid at Earls Colne aforesaid on wednesday next after the assumption of the blessed marie the virgin 16.8.1542 twelve lawful men customary tenants of the lord of the manor aforesaid to take their oaths between the parties aforesaid of the plea aforesaid and that he have the names of the jurors and this precept etc and the same day is given the parties aforesaid at which day at Earls Colne aforesaid viz to this court came as well the foresaid came as well the foresaid (sic twice) Reynold Heygate in his proper person as the foresaid Jn Banbury and Lewis Jegon the bailiff of the manor now here returned a certain precept to him directed at the last court served and executed in all points and hereupon the jurors exacted impannelled viz Geo Bieston Thos Rowte Jn Sparrowe Jn Tillwicke Jn Leffingwell senior Thos Harryson Jn Estaie Jn Ruffle Nich Garrard Hen Prentice Clem Sparrowe Jn Game Hen Pullen Wm Olmested and Jn Chatterton likewise came who being chosen tried and sworn to speak the truth of the premises saith upon their oath that the foresaid Reynold hath more right to have the messuage lands and tenements and other the premises with the appurtenances as before craved then the foresaid Jn hath to hold the same messuages lands tenements and other the premises with the appurtenances as he holdeth the same therefore it is considered by the court that the foresaid Reynold shall recover his seisin against the foresaid Jn of the messuages lands and tenements aforesaid with the appurtenances to hold to the same Reynold and his heirs quietly from the foresaid Jn and his heirs forever and the same Jn is in the lord's mercy and the foresaid Reynold in the full court humbly craved that the lord would vouch safe him the said Reynold to be admitted to the foresaid messuage lands and tenements and other the premises with the appurtenances according to the form of the recovery whereupon the lord at this court by his steward granted to the foresaid Reynold the foresaid messuages lands and tenements and other the premises with the appurtenances to have and to hold to him and his heirs quietly from the said Jn and his heirs forever according to the form of the recovery aforesaid of the lord by the rod according to the custom of the manor aforesaid by the rents and services therefore due and of right accustomed and he giveth fine for such estate and ingress thereon to be had as appears in the court roll and the foresaid Reynold made fealty to the lord