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

26.5.1545 (Tuesday 26 May 1545)

document 63900125

to this court came Roger Booner in his proper person and sueth Wm Estaie in a plea of land viz in one garden called Prudmans alias Wards late builded sometime in the tenure of Jn Litle and after Jn Ward's situate and lying in Colne aforesaid between the garden of the said Roger Booner toward the west and the land of Jn Tillwick toward the east and south and the common street there toward the north and within the jurisdiction of this court and protesteth to prosecute his plaint aforesaid in the nature and form of the king's writ of right at the common law and found pledges to prosecute his plaint aforesaid viz Wm Dent and Nich Py and the foresaid Wm being then present in the court of his own accord appeared and hereupon the foresaid Roger craveth against the foresaid Wm one garden called Prudmans with the appurtenances in Earls Colne within the jurisdiction of this court as his right and inheritance by his plaint in the nature and form of the king's writ of right at the common law whereupon he saith that he was seised of and in the foresaid garden 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 our lord the now king taking the exples# thereof to the value etc and the foresaid Wm in his proper person came and defended the right of the foresaid Roger when etc and the seisin thereof which seisin etc as of fee and right etc and chiefly of the foresaid garden and the appurtenances etc and all etc and putteth himself into the great assize of our lord the king and craveth recognizance to be made whether he hath more right to hold the said garden and the appurtenances as he holdeth the same or the foresaid (sic) to have the said garden with the appurtenances as he above craveth the same and the foresaid Roger likewise and hereupon the foresaid Roger saith that within the court of the manor aforesaid there is and been such a custom time out of mind amongst other 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 by the customary tenants of the lord of the manor aforesaid in stead of the great assize according to the custom of the manor aforesaid and not otherwise therefore there is charge given to the bailiff of the manor aforesaid and minister of this court that he cause to come before the steward of the court aforesaid at Colne aforesaid on tuesday in the week of pentecost next coming twelve lawful men customary tenants of the manor beforesaid to take their oaths between the parties aforesaid of the plea aforesaid and that he have the names of this precept and the same day is given to the parties aforesaid