memorandum that at the leet with the court here holden at Earls Colne holden on tuesday in the week of pentecost in the 37Hen8 etc 26.5.1545 came Roger Booner in his proper person and sueth Wm Estaie in a plea of land viz one garden called Prudmans in Earls Colne within the jurisdiction of this court and protesteth to prosecute his suit in the nature and form of the king's writ of right in the common law and found pledges to prosecute the plea aforsaid viz Wm Dent and Jn Roo and the foresaid Wm being then in the court appeared of his own accord and hereupon the said Roger Booner in his proper person craveth against the said Wm one garden called Prudmans with the appurtenances in Earls Colne aforesaid in the jurisdiction of this court as his right and inheritance by the plaint in the nature and form of the king's writ of right at the common law etc and whereupon he saith that he was seised of 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 king that now is taking the exples thereof to the value etc and that such is his right offereth etc and the foresaid Wm in his proper person came and defended the right of the foresaid Roger when etc and his seisin thereof of which seisin etc and right etc and chiefly of the foresaid garden with the appurtenances etc and all etc and he putteth himself into the king's great assize and craveth recognizance to be made thereof whether he have more right to hold the said garden with the appurtenances as he now holdeth the sa me or the foresaid Roger to have the same garden with the appurtenances as he before craved the same etc and the foresaid Roger likewise etc and hereupon the said Roger saith that within the court of the foresaid manor there is and hath been among other such a custom time out of mind viz that after parties in a plea of customary land were at issues in the court of the same manor that those issues ought to be tried by the homage of the same court viz by the lord's customary tenants of the manor aforesaid in stead of the great assize according to the custom of the manor aforesaid and not otherwise therefore by the assent of the parties aforesaid 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 Earls Colne next coming twelve lawful men customary tenants 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 to the parties aforesaid