Bragge vs. Cogan

PRO C2/ELIZ/B25/34

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PRO C2/ELIZ/B25/34/1 (complaint)

[[______]]mber [=September, November, or December] 1597

To the right Honorable S{i}r Thomas Egerton knight Lord Keaper of the great Seale of England

Most humbly compleyninge sheweth vnto your honorable Lordshippe your dayly Orator Will{ia}m Bragge of Sadborowe in the Countie of Devon yoman, That where the right honrable [sic] Edward Earle of Oxon' was amongest other thinges laufully seased in his demeyne as of ffee of and in the Manor of Thornecombe w{i}th thapp{ur}ten{au}nc{es} in the Countie of Devon, And he so beinge thereof of such an estate seased, in considerac{i}on of dyvers great som{m}es of money vnto his Lo{ordships} vse truly contented and paied by one Iohn ffreeke & Mathew Bragge, dyd in or about the xxth yere of her Ma{ies}ties reigne [=1578-79] b{ar}gayne, sell assure, and convey the saide Manor w{i}th thapp{ur}ten{au}nces and all deedes, wrytinges and Evydenc{es} concerninge the same, vnto the said Iohn ffreeke and Mathewe Bragge theyre heyres and assignes for ever. By vertue whereof the said Iohn ffreeke & Mathewe Bragge were laufully seased of the said Manor w{i}th thapp{ur}ten{au}nc{es} in theyre demeynes as of ffee. And they so beinge thereof of such an estate seased the said Iohn ffreke about (blank) yeres now last past dyed By and after whose death the said Mathew Bragge dyd hold hym selffe in the said Manor and was thereof sole and laufully seased in his demeyne as of ffee. And he so beinge thereof of such an estate seased, for and in considerac{i}on of a certeyne som{m}e of money to hym contented and paied by your said Orator in or about the Month of August in the xxvth yere of the reigne of our said soueraigne Lady the Queenes Ma{ies}tie that now is [=August 1583], by suffycyent conveyance and assurance in the lawe dyd bargaine sell assure and convey the said Manor w{i}th thapp{ur}ten{au}nces and all deed{es}, wryting{es} and Evidenc{es} concerninge the same, vnto your said Orator his heyres and assignes for ever. By vertue whereof your said Orator was and yet is laufully seased of and in the said Manor w{i}th thapp{ur}ten{au}nces in his demeyne as of ffee But so yt is right Honorable Lord that dyvers and sundry deedes, Evidenc{es}, bundaryes, counterpanes of leasses, and other wrytinges provinge and manyfestinge the auncyent Bounde{es} and lym{m}ytt{es} of the said Manor of Thornecombe and rightfully belonginge vnto your said orator, are now of late by casuall meanes come to thand{es} custody and possession of one Iohn Cogan al{ia}s Coggyn, who by color of havinge thereof, Hath not only now of late made dyvers vnlawfull entrees in and vpon sundry peaces and p{ar}cells of land medow and pasture parcell of the said Manor of Thornecombe as namely in and vpon one p{ar}cell of land called Glastonbury plott conteyninge by estymac{i}on two acres and a halffe or thereabout{es} and dyvers other parcell{es} of the said Manor very vniustly clayminge and pretendinge the same to belonge vnto one Messuage or Ten{emen}te of the said Iohn Cogans parcell of the Manor of Holldyche in the said Countie of Devon wherein he the said Iohn Cogan doth now dwell and inhabyte. But also hath and doth manace and threaten to attempte sute at the comon lawe against your said orator for and concerninge the possession and occupac{i}on of the said parcell of land called Glastonburye plott and entendinge thereby to recover the same against your said orator contrary to all right equyty and good conscyence, In tender considerac{i}on whereof And for somuch as yt is most true, and dyvers p{er}sons dwellinge and inhabytinge neere vnto the said p{re}misses can testefy and wyttnesse the same, that aswell the said Earle of Oxon' and others the Lord{es} of the said Manor of Thornecombe for the tyme beinge, have heretofore many yeres sythens demysed and letten the said p{ar}cell of land called Glastonbury plott as parte and p{ar}cell of the said Manor of Thornecombe and have receyved a yerely rent for the same, And also have shrowded the trees, and cut the ffurses and vnderwood{es} growinge vpon the same p{ar}cell of land. And that at such tymes as the beast{es} and cattell eyther of the Ten{au}nt{es} of the said Manor of Holldyche or of the Manor of Hawkechurch adioyninge vnto the said Manor of Thornecombe have broken into the said p{ar}cell of land called Glastonburye plott, or have bene taken or founde depasturing vpon the same. That the same have bene taken and Impounded by the Hayward of the said Manor of Thornecombe and that the owners of the same cattell have sundry tymes payed money vnto the Hayward of Thornecombe for the redeeminge of theyre said cattell and for trespassinge in & vpon the said p{ar}cell of land called Glastonbury plott, And that aswell the said Iohn Cogan as others who heretofore have bene Ten{au}nt{es} vnto the said Messuage & Ten{men}te now in the possession of the said Iohn Cogan have ffenced & made theyre hedges & dytches betweene the land{es} and ground{es} belonginge vnto the said Messuage & the said p{ar}cell of land called Glastonbury plott, the w{hi}ch they wold never have done, yf the said Glastonbury plott had bene theyre owne propre land{es} & ground{es}. And that vpon a pretended tytle & clayme heretofore made vnto the said Glastonbury plott about ffyfty yeres syns by S{i}r Bernard Drake knight who p{re}tendinge the same to belonge vnto his Manor of Vplyme in the said Countie of Devon, had enclosed the same p{ar}cel of land, the homage and auncyent Ten{emen}t{es} of the said Manor of Thornecombe at a Courte then holden at & for the said Manor beinge charged by the then offycers vnto the said Earle of Oxon' to enquyre & p{re}sent whether the same Glastonbury plott dyd not rightfully belonge & apperteyne vnto the said manor of Thornecombe, did bringe in theyre veredicte & p{re}sentm{en}t that the same was p{ar}cell of the said Manor of Thornecombe, vpon w{hi}ch p{re}sentm{en}t the same offycers of the said Earle of Oxon' did cast downe the same enclosure made by the said S{i}r Bernard Drake. Sythens w{hi}ch tyme the said Glastonbury plott hath bene vsed & enioyed & so allwayes reputed to be p{ar}cell of the said Manor of Thornecombe, w{hi}ch wyttnesses be very aged & Impotent and by reason thereof are not able to travayll from theyre homes to the Assises in the same Countie, whereby your said orator w{i}thout the ayde of this honorable Courte is lyke to loose the benefytt of theyre testymonyes at the comon law vnlesse they may be fyrst examyned by com{m}yssyon by aucthoryty of this honorable Courte. And forsomuch also as your said orator doth not p{er}fectly know the certeyne dates numb{er} or content{es} of the said deedes Evydences Bundaryes Counterpaynes of leasses & other wrytinges provinge & manyfestinge the auncyent Bound{es} and lymytt{es} of the said Manor of Thornecombe ner [=nor] wherein the same be conteyned. By reason whereof and for want of the benefytt of his said wyttnesses your said orator is clerely w{i}thout remedy concerninge the p{re}misses by the course of the comon lawes of this Reallme, Albeyt the said Iohn Cogan hym selffe can not deny but vpon his othe as your said orator well hoopeth must needes confese that the said p{ar}cell of grounde called Glastonburye plott is parcell and tyme out of mynde hath bene vsed reputed & taken to be parcell of the said Manor of Thornecombe, May yt therefore please your good Lordeshipp to graunt vnto your said orator the Queenes most gracyous wrytt of subpena to be dyrected vnto the said Iohn Cogan Comaundinge hym thereby at a certeyne day and vnder a certeyne payne therein to be lymytted p{er}sonally to appe[[a]]re before your good Lordeshippes in her Ma{ies}ties most hon{or}able Courte of Chauncery Then and theare to answere the p{re}misses and further to stande to and abyde such order rule and dyrecc{i}on herein as to your honor shalbe thought meete, and convenyent. And your said orator shall dayly pray to god for the p{re}servac{i}on of your good Lo{rdship} in health & honor longe to endure /

PRO C2/ELIZ/B25/34/2 (answer)

The aunswere of Iohn Cogan defend{an}t to the bill of Complaint of Will{ia}m Bragg Complainant

The saide defend{an}t sayeth, that the saide bill of Complaint against him exhibited into this honorable court is very vntrue and insufficient in the lawe to be aunswered vnto and the matters therein conteyned not such whereof this honorable court will take knowledge or hold plea (as this defend{an}t thinketh) for that the saide p{ar}cell of land mencyoned in the saide bill of Complaint called Glastonbury plott conteyninge about twoo acres and a halfe is not of the yerelie valewe of fortie shilling{es} / And the said defend{an}t farder sayeth, that he hath not nor ever had any deed{es}, evidenc{es}, boundaryes, Counterpanes of leases or other writing{es} provinge or manifestinge the auncyent bound{es} and lymitt{es} of the manno{ur} of Thornecombe in the saide bill of complaint specyfied / Wherefore he the saide defend{an}t humblie prayeth to be dismissed out of this honorable court w{i}th his reasonable cost{es}, charg{es} and expenc{es} in this behalfe wrongfullie susteyned / Nevertheles if the saide defend{an}t shalbe compelled by the order of this honorable court to make any farder or other aunswere vnto the saide vntrue and insufficient bill of complaint / Then all advantag{es} of excepc{i}on to the incerteyntye, insufficyencye and vntruthes of the same vnto this defend{an}t nowe and att all times hereafter saved, he the saide defend{an}t for farder aunswere therevnto sayeth, that true it is (as he thinketh) that the right honorable Edward Earle of Oxford in the said bill of complaint named was lawfullie seised in his demeane as of fee of and in the saide Manor of Thornecombe w{i}th the app{ur}ten{au}nc{es} / and so seised did sell, assure and convey the same / and all the deed{es}, writing{es} and evidenc{es} thereof vnto the saide Iohn ffreke and Mathewe Bragge in the saide bill of complaint also named and to there heires and assignes for ever / And that by force thereof the saide Iohn ffreke and Mathewe Bragge were lawfullie seised of the saide mannor w{i}th the app{ur}ten{au}ncs in there demeane as of fee / And so seised the saide Iohn ffreke dyed / after whose decease the said Mathewe Bragge held himselfe in the saide mannor, and was thereof solie seised in his demeane as of fee / And so seised did bargaine, sell and convey the saide mannor w{i}th the app{ur}ten{au}nc{es} and the deed{es} writing{es} and evidenc{es} cons{er}uinge the same vnto the saide Complaynant his heires and assignes for ever / And that by force thereof the saide complaynant was and yet is thereof seised in his demeane as of fee / as by the saide bill of Complaint is declared (as this defend{an}t beleveth) And the saide defend{an}t farder sayeth that the right honorable Will{ia}m late lorde Cobham deceased was in his liff time lawfullie seised of an estate of inheritance of and in the mannor of Holdyche in the saide bill of complaint mencyoned / w{i}thin which mannor there are and tyme out of mynde of man have bynn diu{er}s customarye and copyhold land{es} and tenem{en}t{es} p{ar}cell{es} of the same, w{hi}ch by all the tyme aforesaide have byn demised demiseable and vsed to be letten by the lorde of the same mannor for the tyme beinge or by his sufficient officer lawfullie aucthorized by copye of Court roll for the t{er}me of one twoo or three lyves, at the will of the lord, accordinge to the custome of the saide mannor of Holdyche / And the saide late lord Cobham so beinge of the saide mannor seised he the saide late lorde Cobham at a court holden at and for the saide mannor of Holdyche the thirteth daye of M{ar}che in the eight and thirteth yere of the raigne of our sou{er}aigne ladie the quenes Maiestye that nowe is [=30 March 1596] did demise and graunt by copye of Court roll (accordinge to the custome of the saide manno{ur} vnto your saide orator and vnto Rob{er}t and Will{ia}m his sonnes one messuage and tenem{en}t w{i}th the app{ur}ten{au}nc{es} conteyninge by estimac{i}on foure score acres called Beshey, nowe in the tenure, occupac{i}on or possession of this Defend{an}t, and sometime in the tenure of one Rob{er}t Hayball, beinge p{ar}cell of the customarye and Copyhold land{es} and tenem{en}t{es} of the saide mannor of Holdyche / To have and to hold the saide messuage and tenem{en}t w{i}th the app{ur}ten{au}nc{es} vnto your saide orator and to his saide sonnes, for the t{er}me of there lyves and eu{er}ye of them longest lyvinge successivelie (accordinge to the custome of the saide mannor / by force of which graunt the saide defend{an}t entred into the demised p{re}misses w{i}th there app{ur}ten{au}nc{es} and was an yet is thereof lawfullie seised in his demeane as of freehold for the t{er}me of ^\\his lyff the remaynder vnto the sayed Rob{er}t & Will{ia}m his sonne{es} for// there lyves and ethere [?eche?] of them longest lyvinge successivelye / accordinge to the custome of the saide mannor / And by reason thereof doth depasture and feede and hath depastured his Cattell on the saide p{ar}cell of land called Glastonbury plott as p{ar}cell of the saide messuage and tenem{en}t so graunted by copye (as is aforesaide) or as vsinge common therein appendant to the saide messuage and tenem{en}t / Without that that the saide p{ar}cell of land called Glastonburye plott is p{ar}te and p{ar}cell of the saide mannor of Thornecombe / or so hath byn demised and letten (to the knowledge of this defend{an}t) for he the saide defend{an}t sayeth that he hath oftentymes heard crediblie reported that the saide p{ar}cell of land called Glastonbury plott is p{ar}cell of the saide mannor of Holdyche / w{i}thout that that the saide p{ar}cell of lande called Glastonbury plott hath byn vsed and enioyed, and so allwayes reputed to be p{ar}cell of the saide mannor of Thornecombe ^\\to his knowledge// Or that the saide defend{an}t hath made diu{er}s vnlawfull entryes in and vpon sundrye peec{es} and p{ar}cell{es} of land medowe and pasture p{ar}cell of the saide mannor of Thornecombe / in mann{er} and forme as by the saide bill of Complaint is very vntrulie alleaged / And w{i}thout that that any other thinge or thing{es} matter or matters in the saide bill of complaint conteyned materiall or effectuall by this defend{an}t to be aunswered vnto and not in this aunswere sufficientlie traversed and denyed or confessed and avoyded are true in such sort mann{er} and forme as by the saide bill of complaint they are set forth declared and alleaged to the knowledge of this defend{an}t, All w{hi}ch matters the saide defend{an}t is readye to averr and prove as this honorable court shall award and humblie prayeth (as aforesaide) to be dismissed out of the same w{i}th his reasonable cost{es}, charg{es} and expenc{es} in this behalfe wrongfullie susteyned /.

Capt{a} coram nobis Ioh{ann}e Davye et Ioh{anne}e ffreake ixo die Ianuarij an{no} Eliz' R{eg}ine &c xlmo [=9 January 1599]

(signed) Iohn Davye
(signed) Iohn freke

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