Robert Cole vs. W. Cardynall, bill to establish plaintiff's title.

PRO C2/Eliz/C22/42

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Land held of the manor of Oldhall in East Bargehold or Burgholt, the said manor being the estate of the earl of Oxford.

PRO C2/Eliz/C22/42/2 (complaint: document damaged at top: text missing)

1573

[[To the Right Honorable _______ England]]

Humblye complayninge sh[[ewith vnto your good Lordship your daily orator]] Robert Cole of E[[astbar]]geholte [[in the countie of Essex]]

yeoman. That wher he the s[[aid Robert Cole was and ys]] Seased amounge other his land{es} and tenem[[ents __________]]

ffreholde and Tenancyes holdinge by the yerelye rente of iijs ijd / And certen other Seu{er}all tenancyes holden by the [[___________]]

by Seuerall coppyes of courte too him and his heires yeldinge and payinge therefore Seu{er}all rent{es} [[amo]]untynge [[to]] the [[... sum of]]

xvs iiijd. All w{hi}ch Seu{er}all tenancyes are holden of the ma{n}ner of Oldhall in Eastbargeholte afforesaid The w{hi}ch [[rents are dewe]]

and payable halfe yerelye That ys too saye at the feaste of St Marye the vyrgyn and Seyncte Mychae[[ll tharkangell by]]

even portyons / And the said Ma{n}no{u}r and the Inheritance therof doothe and of Right oughte too app{er}tayne vnto [[the righte]]

Honorable Edward Veer Earle of Oxford / And where also the said Robert Cole was and ys Seased of and [[_________]]

holden of the said ma{n}ner co{m}monlye called the Co{m}maundrye by the yerelye rente of ijs vijd ob qa w{hi}ch groweth dewe and [[____]]

payable onelye at the feaste of Seyncte Mychaell tharkangell w{hi}ch said ijs vijd ob qa ys in lyke sorte parcell of the I[[nheritance of]]

the said Righte Honorable And the said Robert Cole at the ffirste courte of the said Righte Honorable Earle dyd e[[_________acknowledge]]

his coppyes and the Seu{er}all rent{es} / And dyd also acknowledge his ffree rent{es} and dyd atturne tenaunte accordinge too his dutye

as ys too be manyfestlye proved / The Ballywycke of w{hi}ch ma{n}ner called Olde hall doothe by righte belonge and appurteyne

vnto one William Cardynall gentelman of Eastbargeholt afforesaid toogeather with the yssewes and p{ro}fytt{es} and all other co{m}modyties

growinge by reason of anye tenancye of the said ma{n}ner are too the lord of the said ma{n}ner by reason of his said courte and Leete

or presentment at the said courte and Leete w{i}thin the said ma{n}ne{r} Holden / whoe Sekinge by covenouse meanes his Owne

benefyt and advauntage as maye well appeere by his dealing{es} toward{es} yo{u}r Lordshippes Orato{u}r the ffirste daye of Septembe{r}

laste dyd cu{m}me vnto the said Robert Cole and of him demaunded for fower yeare rente w{hi}ch dyd growe dewe at mychelmas then

nexte ensewinge / And for that Stephen Cardynall deceassed ffathe{r} of the said William dyd in his lyfe tyme demaunde more

rent{es} then yo{u}r Lordshippes ^\\orato{u}r// hadd land{es} for yo{u}r Orato{u}r requested the said Will{ia}m Cardynall too examyn his rentall w{i}th yo{u}r

Orators booke w{hi}ch rent{es} dyd agree amountynge in the hole for the said space of fower yeres too the su{m}me of iiijli iiijs vijd whereof

twoo yeres and a halfe grew Dew and payable in the tyme of the mynorytye of the Righte Honorable Edward Veer Earle

of Oxford / And yett xxviijs ixd p{ar}cell of the said Arrerages was paid by yo{u}r Lordshippes said Orato{u}r by co{m}maundement of

the righte Honorable S{i}r William Cecyll Knyghte M{aste}r of the wardes and lyveryes And nowe Lord Burley lorde highe

Treasure{r} of Englande too one Iohn Turner gentelman, A thinge well knowen and geven too vnderstand too the said William

Cardynall as by a L{ett}re of the said Cardynals hande reddye too be shewed maye well appere / And the said ffirst of Septembe{r}

he the said William Cardynall dyd then accepte and receave xxjs ijd ob qa for one yeres rente then growen dewe at the feaste of St

marye the Vergin w{hi}ch was in Anno D{omi}ni 1572 / too the said Earle of Oxforde / And yo{u}r Lordshippes said Orato{r} dyd then assigne vnto

the said Ballyffe the said xxviijs ixd in the handes of Iohn Turner ^\\paid// by Ordre as afforesaid / And gave him more ove{r} in hande

xxjs iiijds qa in contentation of the twoo yeres and the halfe yeres rente dewe duringe the mynorytie of the said Earle / And for that

theire lacked xvijd qa w{hi}ch yo{u}r Lordshippes said Orato{u}r promysed payment at the feaste of Seyncte Mychaell tharkangell nowe paste

and then too cum{m}e at what tyme oone Other halfe yeres rente of the Seu{er}all tenancyes grewe dewe and shoulde bee payable as

afforesaid / And did In truthe after the said ffeast daye of Seyncte mychaell laste paste make tenderye vnto the said Will{ia}m Cardynall

of the said xvijd qa and the halfe yeres rente beinge then growen dew and payable whoo vtterlye refused the receyte of the Same

notw{i}thstandinge gave testymonye at the laste courte holden at the ma{n}ne{r} of Olde Hall too the Suters and Homygers theire that the

said rent{es} yssewinge owte of the coppihold{es} afforesaid were vtterlye denyed too bee paid / By reason of w{hi}ch vntruth & yo{u}r Orators

estate in the said coppieholde ys drawen in questyon too bee forfeyted contrarye too all truthe or good equytye / In tender considerac{i}on and

for redresse whereof yt maye please yo{u}r goodd Lordshippe too graunte owte the Queenes ma{ies}ties moste gracyous wrytte of Suppena too bee

dyrected vnto the foresaid Will{ia}m Cardynall comaundinge him therebye too appeere at a certayne daye therin lymyted

too make awnswere too the premisses / And too Abyde suche Ordre toochinge the premysses as too this Honorable courte shall

Seeme meete and convenyent / As also too shewe cause whye certayne wytnesses of Credytt vnderstandinge the full truthe of

the same matter shoulde not bee examyned in perpetuam rei memoriam / And thereby the Iustnes and goodnes of the tytle and

Intereste w{hi}ch yo{u}r lordshippes Orato{u}r hathe in the Said coppyehold maye bee mayntayned and conteaned / And yo{u}r Lordshipps

Said Orator shall daylye praye for the preservation of yo{u}r good Lordshippes estate in prosperytie longe too

endure

PRO C2/Eliz/C22/42/3 (replication: document damaged at top: text missing)

T[[he r]]eplycac{i}on of [[... to]] answere of Will{ia}m [[...]]

The saide complaynant for replicac{i}on sayth y{a}t his Byll of Complaynt ys trew and syfficie[[nt in the law _____ and that the allegations]]

therin contayned are good and true & not contryved nor Imagined to putt the said deffend[[ant to suits of lawe ____ or]]

and doth & will ^\\averr// all & eu{er}y matter & thynge alledged in his said Bill to be true in man{ner} and forme as [[________]]

that ye said deffendaunt should say & reporte y{a}t the sayd Complayn{au}nt dyd deny his rent & to pay the s[[aid____]]

obteyned one Robert Traneforde Clarke to make a wrytynge in these word{es} or to ye same effecte wherin was th[[__________]]

rent{es} w{i}t{h} the tymes of paym{en}t{es} that ys to say at the feaste of the Annuncyac{i}on of St Mary the virgyn [[_________]]

followinge Mr Cardenall I haue payd to Mr Turner durynge the wardshippe of the Erle of Oxforde vli xiij[[s iiijd by the comaundem{en}t of the ryght honorable Will{ia}m Cecill knyght]]

then M{aste}r of Award{es} [=wards] who saythe y{a}t Turner should see me dyscharged It{e}m payd more to yo{ur}selfe the fyrst of Semp[[ember ___ ________ but since]]

I sayd I would haue spoken w{i}t{h} Mr Turnor god hathe so vesyted [=visited] me w{i}t{h} a sore hand y{a}t I haue not ben able to travell [[_______]]

to send you not only the xiijs iiijd, Butt also what you would haue in the name of rente for the tyme before spoken wythout y{a}t th[[at __________]]

amount to any more or gretter so{m}me then iiijli iiijs vijd or of ryght ought to do Or that ye said deffendaunt at y{a}t daye mencyoned in ye said B[[ill of complaint ___________dyd]]

then sygnifie vnto ye said Complayn{au}nt that ye said complayn{au}nt was to pay the said deffendaunt iijli xvjs vjd for m{er}syam{en}t{es} & paynes forfyted by the said complayn{aun}t at seu{er}all Court{es} as in his

said answere ys most vntruly surmysed Or that the said playntyffe & deffendaunt dyd then accompte of Eyght pound{es} or any other accompt other then of the iiijli iijs vijd for foure yeres rent{es}

whiche ys confessed by the said deffendaunt in his said answere for the said complay[[naunt]] sayth y{a}t the said defendant nor any other person did eu{er} demaund any am{er}syam{en}t{es} or paynys or eu{er} dyd

shew vnto the said Complayn{au}nt any extreate or extreat{es} of ye said Courte or Court{es} whereby yt myght appere to the said complayn{au}nt any so{m}me or so{m}mes y{a}t should or ought to be payde

by the ^\\said// complayn{au}nt other then by one letter of the said deffendaunt hand wrytinge sent to the complayn{au}nt x or twell weak{es} [=ten or twelve weeks] after the said rekenynge of the playntiff & deffendaunt

in forme as in his said Bill ys alleged Or that the said complayn{au}nt dyd deny to pay any of the rent{es} growen due to the said Ryght Honorable therle of Oxford manorty [=minority] durynge the

manorite [=minority] of the said Erle other then ys In the bill before declared or of the rent due to the Quenes Ma{ies}tie But dyd declare that payd to Iohn Turner by ye commaundem{en}t of ye said Ryght

honorable Lord Burly then M{aste}r of the award{es} [=wards] as in his said bill ys truly alleged and sayth y{a}t he payd to Iohn Turner vli xiijs iiijd w{hi}ch the said Turner delyu{er}ed to Stephen

Cardenall w{i}t{h}out that the said Turner did deny the recept of the said xxviijs ixd Or that the saied deffendaunt dyd sygnyfy vnto the said playntyffe what answere the said

Turner made to the said deffend{a}unt at suche supposyd tyme as the said deffendant did demaund only xiijs jd for rent{es} sayinge to ye playntffe I had xlijs vjd of you for rent

and I will haue xlijs jd more or I will receaue none and the complayn{au}nt sayth that those two so{m}mes maketh iust foure pounde foure shilling{es} seven pence accordynge to the recomynge [m=n] of

the complayn{aun}t and deffendaunt and ys confessed by the deffendaunt in his answere And the said complayn{au}nt sayth y{a}t the paym{en}t of the xlijs vjd was proved in open Courte

last holden at the manno{u}r of Oldhall in Estbergholt aforesaid by the othe who was p{re}sent when the deffendaunt dyd demaunde the so{m}me [+of] xlijs & one peny, as ys aforesaid And then

in the court before steward the said deffendaunt sayth vppon his othe y{a}t he receaued the xlijs vjd only for amersyam{en}t{es} & paynes & not for rent{es} And now beinge sworne in

this Honorable court to his answere he saythe y{a}t xlijs vjd receaued by him was onward of Eight li xiijd for rent{es} and m{er}cyam{en}t{es} w{hi}ch ys merely vntrue for the

complayn{au}nt saythe y{a}t he was neu{er} demaunded any Am{er}syam{en}ts at that tyme w{hi}ch was the fyrst day of Semptember And yt semeth y{a}t the deffendaunt did not then know

of the Am{er}cyam{en}t{es} as appereth by ^\\his// letter wherin he wryteth to the playnyyffe in these word{es} you shall vnderstand that synce yo{u}r sonne Rychard came to me & showed me

that he would pay me whatsoeu{er} I would aske in the name of rente Or that the vli xiijs iiijd was payd to Turner was for rent{es} then dew for the complayn{au}nt sayth that

Stephen Cardenall father of the deffendaunt demaundyd more rent{es} of the complayn{au}nt then the said complayn{au}nt had land for Or that therle aforesaid ys to be p{re}iudiced by any wytnesse

in this matter to take from him & his heir{es} such advauntage & benefytt of seisure of the seid playntyffe copyhold land{es} as ys now iustly gyuen by the forfeyture of the said playntyffe

ys most vntruly surmised for the complayn{au}nt sayth that yf any suche forfeiture had ben made by the playntyffe as the defendant hath surmysed in his said answere then the said

deffendaunt ys to reape the co{m}modytye & p{ro}fytt and not the Erle by reason of a patent made by the ryght Honorable Iohn Veer ^\\decesed// late Erle of Oxenford father of the ryght honorable

Erle that now ys wyth that this said deffendaunt sekinge by couetous meanes his owne benefytt and advauntage did therfore demaunde of the said playntyff{es} the said four yer{es}

rent And wyth that the said Steven Cardenall father of the said deffendaunt did demaunde more rent{es} of the sayd plaintyffe then he had land for And w{i}th that the said playntyffe payed the

xxviijs ixd to to [dittography] the ^\\said// Mr Turner by the comaundem{en}t of the ryght honorable Will{ia}m Cecill knyght mayster of the ward{es} and lyveries and now Lord Burley as in the said bill ys most truly

alleged wyth the same was a thinge well knowen and gyuen to vnderstand vnto this deffendaunt with that this said deffendaunt did then accept and receaue xxjs ijd ob qa for one yer{es} rent dewe

at the feast of thannuncyac{i}on of mary the virgyn Anno D{omi}ni 1572 Wyth that the sayd playntyffe did gyue vnto this said deffendaunt more ou{er} in hand xxjs iiijd qa in contentac{i}on of the two yer{es}

and the half yeres rente dew duringe the last yeres of the mynorytye of the said Erle as in the said bill ys most truly alleged wyth that the said xlijs vjd rent was payed vnto the

said defendaunt in man{er} & forme as in the said Byll ys before aleged And prayeth as by his bill he hath before prayed And as towchinge that fryvolouse parte of the said aunswere wherby

the said playntyffe should be hindered and p{re}iudiced for the Examinac{i}on of the wytnesses & p{ro}ducynge of p{ro}ves for the maynten{au}nc{es} of the trew allegac{i}ons mencyoned in the said byll the sayd

playntyffe truesteth that by noe order taken by this Honorable Courte he shalbe stayed from the same beinge the ordynary way to cause the truth tappere and that lybertye of The

excepc{i}ons so dyscredytinge of wytnesses ys allowed vppon the publycac{i}on & heringe the matter of all w{hi}ch [changed from wyth] the said complayn{au}nt most humbly submytted hym self to the determynac{i}on

or orderinge of this Courte

PRO C2/Eliz/C22/42/1 (rejoinder)

The reioynder of Will{ia}m Cardinall def{endant} to the replication of Robert Coole pl{aintyff}

The saide def{endant} sayeth that his said answere is iust and trewe in all and every thing and thing{es} therin conteyned and furder dothe averre and is redy to prove all and every ye matters therin conteyned by him selfe afirmatiuely confessed or negatiuely trauersed to be trewe in suche manner and forme as in the said answere is set forthe and mentioned and for further reioynder to the said replication he sayethe that trewe it is that the said compl{ainant} did sende ^\\a// writing to the said def{endant} muche after the effecte mentioned in the said replication but this def{endant} sayeth that the offer made by that writing was after suche tyme as the said pl{aintyff} had denyed the payment of the said Lord{es} rente and after the tyme that this def{endant} had made relation of the said denyall to the said Erles officers and had had commandement from the said officers ther after to excepte no rente of the said pl{aintyff} for that as they then affirmed the said Erle shold take such benefitt of forfiture vppon the said denyall as by lawe he might doe And that was the cause why this def{endant} refused the offer of the said pl{aintyff} soe sente vnto him by writing And for that the said pl{aintyff} had aswell by the saide writing so sente vnto this def{endant} as otherwise by worde of mouthe vttered vnto this def{endant} that he had paid vnto Mr Turner vli xiijs iiijd oute of the w{hi}ch xxviijs ixd was to be alowed vnto the said pl{aintyff} as a su{r}plesage payde by him more then was dewe and wold not therin be satisfied althoughe this def{endant} dyd signifie vnto him that the said Mr Turner did vtterly denye to haue receyved more of him then then was dewe and therfore wolde in no wise alowe to this def{endant} the said xxviijs ixd He the said def{endant} did for the furder statisfaction of the said pl{aintyff} in that behalfe make ser[[ch]]e amonge this def{endantes} ffathers writing{es} where he founde a note written vnder his ffathers oune hande that the said mony soe payd vnto Mr Turner was indede then dewe for rente and furder found amonge the said writing{es} dyvers other reconing{es} dewe by the said pl{aintyff} vnto this def{endant} ffather all w{hi}ch being accompted to gether with the form{er} rec\\c//oning hadd betwene this def{endant} and the pl{aintyff} and being p{ar}ticulerly set forthe by this def{endant} wherfore the same did growe dewe together w{i}th the receyte of the said money payde to Mr Turner and the xlijs vjd receyued by this def{endant} of the said pl{aintyff} ther dyd remayne dewe for all duties dewe by the pl{aintyff} to this def{endant} xli ijs viijd qa wherof this def{endant} gaue knowledge vnto the pl{aintyff} by his Letter in writing w{hi}ch is the letter mencyoned in the said replication And where the said pl{aintyff} semethe in his said replication very vniustly and slanderously to impeche this def{endant} of contraryotie betwene his answere exhibited into this honerable Courte and his othe taken at the said Erles courte before the Steward ther he this def{endant} for his honest purgation in that behalfe and for full declaration of the trewthe therin sayeth that vppon the first reconing had betwene the pl{aintyff} and this def{endant} aboute September last past mentioned in the said bill and answere ther was accompted betwene them aswell iijli xvjs vjd dewe and payable by the pl{aintyff} to this def{endant} for certayne amersment forfyted by the pl{aintyff} As also iiijli iiijs vijd which at the Michelmas next following that accompte shold be dewe and payable by the pl{aintyff} for fowre yeres rente of his fre and coppyhold landes in Bargeholte to the said Erle of Oxinford all w{hi}ch sommes being then ioyned to gether dyd amounte in the hole to viijli xiijd at which tyme the said pl{aintyff} payed to this def{endant} xlijs vijd w{i}thout any mention then made of deviding the said so{m}me for any rent for indede this def{endant} mente to except the same in parte of payment of the said amersment as may well and evidently appere as well by the def{endants} owne letter sente to the said pl{aintyff}, as also by the speche vttered by hym to the pl{aintyff} vppon the receyte of ^\\ye said// xlijs vjd w{hi}ch was y{a}t although he receyued that some he wold not make him any specyall discherge therof, but only that he wold enter a note into his booke of the receyte therof in parte of payment of such deuties as was then dewe vnto him by the playntyf whervnto the pl{aintyff} answered no no it maketh no matter for that for at Michelmas next coming I will make even w{i}th you for all thing{es} betwene you and me and therfore this def{endant} being afterward{es} examined thervppon at the said courte did indede confesse that he receyued the said xlijs vjd in parte of payment of the said amersment{es} and so no contraryotie at all betwene his said confession and his said answere put into this Courte as in the said replication is most vntrewlye aledged w{i}thout that this def{endant} dyd not knowe of any amersment{es} to be dewe by the pl{aintyff} vppon the firste reconing had betwene them as in the said replicatio{n} is vntruly aledged Or that the secret examinations of such lewde witnesses of light credit as the said pl{aintyff} may produse to be examined in this matter in p{er}petuam rei memoriam cannot herafter be preiudiciall to the said Erles inheritance for this def{endant} sayeth that the dispositions so taken in that behalfe ar not by order of this honerable Courte to be published nor to be vsed in evidence during the lyves of the said witnesses w{hi}ch may be so longe after their depositions ^\\so taken as when publicatio{n} & Exemplificatio{n} of ye said depositions// shall be made after ther dethes it maye be owte of memory of what litell credit or honestie the said witnesses were and soe by procese of ^\\tyme// ther depositions may stand the said pl{aintyff} or his heires in as good steade as if they had bene of very good honestye and credit wherin [=where in] trewth this def{endant} thinketh that the pl{aintyff} is not able at this tyme to produse any good and sufficient witnesses to proue any thing benefitiall for him in this matter And w{i}thout that any other matter or thing mencyoned in the sayd replication, materiall to be reioyned vnto / and herin not sufficiently confessed and avoyded denyed or trav{er}sed is true all w{hi}ch matters this def{endant} is reddye to averre and p{ro}ve as this honerable courte shall awarde, and therfore prayeth, as in his said answer he hathe before prayed./

(signed) Cardynall

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