Oxford vs. Thomas Cooe, Roger Cooe, and Edward Cooe; to recover counterpart of a lease.

PRO C2/Eliz/O2/13

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PRO summary: The rectory, advowson, or parsonage impropriate called Belchampe Parsonage, being the inheritance of plaintiff, and by him demised to Thomas Cooe.

PRO C2/Eliz/O2/13/1

Primo die Iulij 1595

To the Right honorable S{i}r Iohn Puckeringe Knight Lord Keep{er} of the great seale of England/

Complayninge sheweth vnto yo{ur} Lordshipp Edwarde Earle of Oxenford Lord great Chamberlin of England that, wheras the said Earle a longe tyme hathe bene seised and at this p{re}sent is seised in his demesne as of ffee of and in one Rectorye advowson [advo] or p{ar}sonage ymp{ro}priate called Belchampe Personage scituate & beinge w{i}thin the Countie of Essex: And soe beinge seised about some twentie yeares sithence did by his Indenture & vnder his hand & seale grant demise sett & to ffarme lett the said R{e}c{t}ory or Parsonage vnto one Thomas Cooe for and duringe the tearme & space of fifteene yeares or therabout{es} yealdinge & payinge therfore yearlie duringe the said tearme vnto the said Earle his heires or assignes the Some [=sum] of xxtie pound{es} of current Englishe moneie / as by the said Indenture if re[[u{er}]]c{i}on therunto be had most plainlie will appeare: By vertewe wherof the said Thomas Cooe was therof possessed & thissues p{ro}fitt{es} & comodities therunto belonginge hathe and yet dothe from yeare to yeare receve & take: Albeit at this p{re}sent [(]as the said Earle supposeth) the yeares conteyned in the said lease be expired & ended: But soe it is if it may please yo{ur} Lordshipp that for fower or five yeares before thexpiration of the said tearme or therabout{es} the said Coe nor any in his behalfe hathe paied any rent vnto the said Earle or ^\\to// any his Officers to his vse & behoofe [but] ^\\[[...]]// not onlie from tyme to tyme as the same rent groweth dewe being demanded accordinge to the reservation in the said lease. the said Cooe deniing & vtterlie ^\\refusinge// the same to paie but alsoe the said Cooe by sinister or indirect meanes corruptinge w{i}th Brybes some officer[s] apperteyninge to the said Earle have gotten into his hand{es} & possession the Counterpane of the said Lease and some other auncient writing{es} Evidenc{es} & Ch{art}res conc{er}ninge [of] the [p{re}misses & ther] inheritance of the premisses / and thervpon by like indirect meanes hathe co{n}trived [conveighed] conveyed and made vnto Roger Cooe & Edwarde Cooe his son{n}es diu{er}se and sundrie estates of the p{re}misses / by & vnder color wherof the said Thomas Roger & Edwarde somtymes chalenge & Clayme to theym selues the inheritance of the p{re}misses / and at some other tymes they clayme a tearme in reu{er}c{i}on of the saide first lease to Comence / after thexpiration therof / And soe by these or suche vnlawfull meanes the said Thomas Roger & Edwarde or there assignes receiue and take the p{ro}fitt{es} & comodities of the said p{ar}sonage w{i}thout yealdinge or payinge vnto the said Earle or his assignes eyther any rent reserved vpon the first lease or any rent vpon the seconde [lease] ^\\lease// [seconde] if there weare any suche lease as they p{re}tende to haue / In Considerac{i}on wherof the p{re}misses considered may it please yo{ur} [Lo] Lordshipp for asmuche as the said Earle is altogather [sic] remedilesse by the strict course of the comon Lawes of this lande to recou{er} his rent yearly dewe vnto him & the arrerage therof because the said Earle hathe not the Counterpane of the saide lease not knowing the c{er}taine date therof nor whether they be in Cheste Locked or vnlocked or in boxe sealed or vnsealed to graunte vnto the said Earle her M{aies}ties most graciouse writt of Supp{e}na to be directed vnto the said Thomas Cooe Roger Cooe & Edwarde Cooe comaunding theym therby vnder a c{er}teine paine therin lymited at a c{er}teine daie & place p{er}sonally to appeare before yo{ur} Lordship in her highnes Court of Chauncerie then & there to aunswere the p{re}misses & further to abide suche order & direcc{i}on touching the said cause as to yo{ur} Lordshipp vpon further hearinge of the cause shalbe thought conuenient & meete / &c /

PRO C2/Eliz/O2/13/2 (15 July 1595; endorsed: Ter; trm 370 / Ap{ro}po Hub. [=Huberd])

15 Iulie 1595

The answer of Thom{a}s Cooe to the Bill of Complaynt, of Edward de Veer Earle of Oxenford &c Compl{ainant}

The said defendaunt sayth that trewe it is that the said Erle about eightene yeares last past demised the said Rectorye in the said Bill of complaynte mencioned to Thom{a}s Coo this defendant But the said demise was made to conteynewe during the tearme of twentye & one yeares, whereof twoo yeares & more yet enduring (as this def{endant} remembreth) for certayntye wherof, this defendant referreth him self to the Indenture of lease therof. And after the the said Erle did by another Indenture about sixe yeares now past demise the said Rectorye to this defendaunt for xxj yeares to begynne from the end of the said former [i.e., former lease] vpon boeth which, there was xvjli iijs iiijd Rent yearly res{er}ued during the said tearmes, boeth w{hi}ch estat{es} & Interest{es} are sithens conveyed to some one or more of this defend{a}unt{es} Children for his or their maynten{a}unce. And this defend{a}unt sayth that he hathe not the counterp{ar}te of any of the said Leases w{hi}ch ware [sic] sealed to the said Erle, neyther at any tyme had the same, but thinketh they are remayning with the said Erle. And as to the said Rent supposed to be behinde & vnpaid this defend{a}unt sayth that to his knowledge there is not anye Rent behinde to the said Complayn{a}unt for the [said] p{re}misses. ffor this defend{a}unt sayth that the said p{ar}sonage for & during so long tyme ^\\as the rent// hathe not been paid so the said p{ar}sonage hath been & yet standeth seised into her maiesties hand{es} for debt due vnto her ma{ies}tie by the said Erle, or for ^\\want of// lycence of alienac{i}on, for the certaynty wherof as also of the tyme how longe the same hath been seized, this defend{a}unt referreth him self to her maiesties record{es} therof in the Exchequer by reason of w{hi}ch seizures, this def{endant} hath been compelled to paye the said Rent by all that tyme to the Queenes ma{ies}ties vse, so that ther is nothing behind or due of the said Rente to the said Playntiffe as he thinketh, without that ^\\that// this defend{a}unt by any sinister meanes hath p{ro}cured the Officers of the said Erle to be corrupted for the imbesilling awaye of suche Evidences Charters or wryting{es} as doe any wayes concerne the p{re}iudice of the said Erle in the interest of the p{re}misses, or for any other deedes or wryting{es} belonging to the said Erle, or that the def{endant} did or doeth challenge or clayme anye freehold of inherit{a}unce in the said p{re}misses or any p{ar}te therof, or that the said def{endant} haue at any tyme wrongfully entered into the said mesuage & other the p{re}misses or into any p{ar}te therof, or the p{ro}fit{es} therof doe wrongfully deteyne & keepe from the said Compl{ainant} or the Rent{es} Issues or p{ro}fit{es} therof haue wrongfully [detayayned] \\detayned// receyued & taken to their owne vse, as in the same bill is surmised. All w{hi}ch matters the said defend{a}unt is readye to aver as this honorable Court shall award. And prayeth to be dismyssed w{i}th his reasonable cost{es} & chardg{es} in that behalf susteyned./

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