Jurisdictions, Part 172 – Part 173
Pleas in Court Baron.
R. H. complaineth againſt C: E: and A: his wife, Formedon in Remainder.of a Plea of Land, that is to ſay, of one houſe, two Cottages, 20 Acres of Meddow, and 20 Acres of Paſtor with the appurtenances in J: within the Juriſdiction of this Court, and made proteſtation to proſecute the Suit, in forme and nature, … a Writ of the Queens, of the forme of a gift in remainder at the common-Law, and found ſureties to proſecute that Suit, in forme and nature aforeſaid, that is J.H. and R: M: and deſires forthwith proceſſe to be made for him, according to the cuſtome of the Mannor aforeſaid, againſt the aforeſaid C: and A: his wife, &c. Therefore according to the cuſtome of this Mannor, uſed time out of minde. It is commanded to the under Ba…liffe of thi… Mannor aforeſaid, and the Officer of the foreſaid Court, that he ſhould ſummon by good ſummoners, the aforeſaid C: & A: that they ſhould be before the ſuitors of the Court aforeſaid, the next Court of the Mannor aforeſaid, the Tueſday ſuch a day, held at the Mannor aforeſaid, to anſwer to the aforeſaid R: H: of the aforeſaid Plea, &c. The ſame day is given to the aforeſaid R: here, &c. To which truly next Court, came aſwell the aforeſaid R: H: as the aforeſaid C: and A: by J: R: their Attorney, And the aforeſaid Officer of the Court aforeſaid, returned here in the Court, that that he by vertue of the command aforeſaid to him directed, had ſunimoned the aforeſaid C: and A: by good ſummoners, that is by J: D: and R: R: to be here at this Court to anſwer the aforeſaid R: H of the aforeſaid Plea, of the aforeſaid one houſe: … Cottages 20 Acres of Land, 20 Acre: of Meddow, and 20 Acres of Paſture with the appurtenances, as it was commanded him, &c.
And upon this the ſaid R: H: demandeth againſt the ſaid C: Count.and A▪ the tenements aforeſaid with the appurtenances, as his right and Inheritance, ſaying, that one W: H: was ſeiſed of the tenements aforeſaid, with the appurtenances, in his demeſne as of Fee, at the will of the Lord, according to the cuſtome of the manner aforeſaid, And ſo being ſeiſed, according to the cuſtome of this Mannor, time out of mind, uſed and allowed at the Court of the Mannor, held at J: within the precinct of the Mannor, the aforeſaid Tueſday, next after the feaſt of P: the year of the Reign of our Soveraign Lady Queen Eliz: 22. by J.A. and T: P: deputy Bayliffes of the Mannor aforeſaid, in the preſence of T: C: T: S: R: L: J: M: Y: R. and J: B: are tenants of the Lord of the Mannor aforeſaid, ſurrendred into the hands of the Lord, the tenements aforeſaid, with the appurtenances, to the uſe and behoof of one M: then the wife of the aforeſaid W: H: to be held for tearm of her life, and after the deceaſe of the ſaid M: the aforeſaid Tenements with their appurtenances, ſhould wholly remain to one J: H. ſon of N: H: brother of the aforeſaid W: H: and to the heirs of his body lawfully begotten, and for defect of ſuch Iſſue of the ſaid J: the aforeſaid tenements with the appurtenances, ſhould wholly remain to one E: H: daughter of the aforeſaid W: to be held to her and her heirs of her Body lawfully begotten, and for defect of ſuch Iſſue of the ſaid E. the aforeſaid tenements with the appurtenances, ſhould wholly remain to the right heirs of the aforeſaid W: H: and his heirs for ever.
By vertue of which ſurrender, the aforeſaid M: was ſeiſed of the tenements with the appurtenances, in his deineſne as of freehold, at the will of the Lord, according to the cuſtome of the Mannor aforeſaid: in the time of peace, time of the aforeſaid Queen Eliſabeth, taken then the profits to the value &c. And from the ſaid M. remained right by the form of the ſurrender aforeſaid, according to the cuſtome of the Mannor aforeſaid, J: H: by which the ſaid J: was ſeiſed of the tenements aforeſaid, with the appurtenances in his demeſne as of fee tayl, at the will of the Lord, according to the cuſtome of the Mannor aforeſaid, by forme of the ſurrender aforeſaid, in the time of peace, in time of our Lord Edward late King of England the ſecond, taking then the profits to the value &c. and from the ſaid J: after the death of the aforeſaid Elizab: (for that both of them, the aforeſaid J. and E: dyed without heirs of their body lawfully begotten) the right remainder by the forme of the ſurrender aforeſaid, according to the cuſtome of the Mannor aforeſaid, to the ſaid R: H: which now demands, that is to ſay, as the ſon and heir of W: F: brother and heir of the aforeſaid W: H: and therefore produceth this Suite.
Plaints of Mortdancester.
R. C: Complains againſt W: L: and E: his Wife of a Plea of Land, that is to ſay, of one houſe, 30 Acres of Meddow, and a 100 Acres of Paſture, with the appurtenances in J: within the Juriſdiction of this Court, and made proteſtation to proſecute his complaint in forme and nature of a Writ of the Queens, Aſſiſe of the death of his Anceſtor at the Common-law &c. And deſired proceſſe for that, to be made according to the cuſtome of this Mannor, in form and nature of this Writ aforeſaid, to be directed to the Bayliffes and Officers of this Court. And that the ſaid Bayliffe and Officers by the command and precept of the Lord of this Mannor, Where all are Copiholders.and according to the cuſtome of the ſaid Mannor, ſhould ſummon by good ſummons, twelve honeſt and lawfull men of the homage of this Mannor, at the next Court to be kept within the Mannor, ready to know by their Oath, if R: C: Father of the aforeſaid R: was ſeiſed in his demeſne as of fee, at the will of the Lord according to the cuſtome of the Mannor, the day that he dyed, of and in one houſe, 30 Acres of Medow, and a 100 Acres of Paſture, of cuſtomary Lands of this Mannor, with the appurtenances called C. within the juriſdiction of this Court; the day that he dyed, And if the ſaid R. the father dyed within 50 years now laſt paſt, and if the aforeſaid R: the ſon be the next heir of the aforeſaid R: the father, and in the mean time they ſhould view the Lands and Tenements aforeſaid. And that they ſhould ſummon by good ſummoners, the aforeſaid W: and E: which hold the ſaid lands and tenements, that they ſhould be here to hear the Recognitors, and ſhould find ſureties to proſecute their Suite aforeſaid, J.D: R: R.
And late here at this Court came the aforeſaid W: J: in his own perſon, Bar.and ſaith that the aforeſaid R: father of the ſaid complainant was not ſeiſed in his demeſn as of fee, at the will of the Lord, according to the cuſtome of this Mannor, day that he dyed, of the aforeſaid houſe, and 30 Acres of Meddow, and a 100 Acres of Paſture with the appurtenances in manner and forme, as by the aforeſaid complainant is firſt ſuppoſed, and this he deſires might be inquired by the Aſſiſe, and the ſaid Complainant likewiſe.