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Earls Colne Manor Court Rolls (ERO D/DPr91 checked with D/DPr74)

27.5.1561 (Tuesday 27 May 1561)

document 65301870

fine 20s Dynes at the court with leet there holden on tuesday in the week of pentecost 27.5.3Eliz1 to this court came Greg Garrard and complaineth against Jn Garrard of a plea of land viz of one messuage customary with the appurtenances called Dynes 20a of land called Lowfield with the appurtenances in Earls Colne within the jurisdiction of this court and maketh protestation to prosecute his plaint aforesaid in the form and nature of a writ of right of our sovereign lady the queen at th common law and he found pledge to prosecute his plaint aforesaid viz Jn Den and Rich Fen and the foresaid Jn Garrard being present in the court appeared freely and hereupon the foresaid Greg Garrard in his proper person prayeth against the foresaid Jn Garrard the foresaid messuage customary with appurtenances and 20a of land aforesaid within the jurisdiction of this court and his right and inheritance by his plaint in the nature and form of a writ of right of our sovereign lady the queen at the common law and whereupon he saith that he was seised of the land and tenements aforesaid with 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 sovereign lady the queen that now is taking the issues thereof to the value etc and that such is his right he offereth etc and the foresaid Jn Garrard in his proper person came and defended the right of the foresaid Greg Garrard when etc and the seisin of which seisin etc as of fee and right etc and especially of the foresaid messuage and 20a of land with appurtenances etc and all etc and he putteth himself into the great assize of our sovereign lady the queen and craveth recognition to be made whether he have more right to hold the foresaid messuage and 20a of land as he now holdeth the same or the said Greg Garrard have more right to have the said messuage and 20a of land as he craveth the same and the foresaid Greg Garrard likewise and hereupon the said Greg Garrard saith that there is and hath been within the court of this manor out of the mind of man such a custom that after the parties in a plea of land were at issue within the court of the manor that those issues out to be tried by the homage of the same court viz the customary tenants of the lord of the manor instead 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 a precept given to the bailiff of this manor and minister of this court that he make to come before the steward of the court aforesaid at Earls Colne aforesaid 3Eliz1 twelve lawful men customary tenants of the lord of the manor aforesaid of the plea aforesaid and that he have there the names of the jurors and this precept and the same day is given to the parties aforesaid at which day at Earls Colne aforesaid viz at this same court with the leet came as well the aforesaid Greg Garrard in his proper person and the foresaid Jn Garrard and Lewice Jegon bailiff of the manor and minister of this court and returned a certain precept to him directed at the last court served and executed in every behalf and hereupon the jurors impanelled likewise came who being sworn and tried to speak the truth of the premises say that the foresaid Greg Garrard hath more right to have the said messuage and land aforesaid with appurtenances as he before craved the same than the said Jn Garrard hath to hold the same messuage and lands with appurtenances as he holdeth the same therefore it is granted by the court that the foresaid Greg shall recover his seisin against the foresaid Jn Garrard of the messuage and lands aforesaid with appurtenances to hold to the same Greg and his heirs quietly from the said Jn and his heirs forever and the same Jn Garrard is in the lord's mercy and hereupon the said Greg Garrard in the full court humbly prayeth to be admitted to the messuage and lands aforesaid and other the premises with appurtenances in the form of the recovery aforesaid whereupon at this present court by his steward aforesaid granted to the foresaid Greg Garrard the messuage and lands aforesaid with appurtenances to have and to hold to him and his heirs from the foresaid Jn and his heirs quietly forever in the form of the recovery aforesaid of the lord by the rod to the will of the lord according to the custom of the manor by the ancient rents and services therefore due and of right accustomed and he giveth fine for such estate and entrance to be had and the same Greg made fealty and is admitted the lord's tenant thereof etc saving the right etc