Harlakenden vs. Blackwell et al.

PRO C 3/273/36 (22 May 1606)

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PRO C 3/273/36/2 (complaint, with considerable damage and decay on right side affecting the last sixth and more of each line)

22 May 1606

To the right Honorable Thomas [[Lord Elle]]smere Lord Chancellor of Engl[[and]]

In most humble wise Complayninge shewen vnto your most honorable lordshipp your Oraters Richard Herlakenden of Earles Colne in the Countie of Essex Esqr and Thomas Herlakenden [[____ the sons]]

of Roger Herlakenden late of Earles Colne aforsaid in the said Countie of Essex Esq decessed That wheras the said Roger Herlakenden did heretofore [[________]] his Bill of [[________]]

right Honorable Iohn Earle of Oxenford beinge seised either in fee or in fee taile of and in one p{ar}cell of grownd comonly called or knowen by the nam[[e of greate]] Chyffin [[____]] by [[__________]]

Maner comonly called or knowen by the name of Colne Priorie or Colne Howse lyinge and beinge in the p{ar}ishes of Earles Colne and Gaynes Colne in [[the said Countie of Essex ____]]

did demise the said p{ar}cell of grownd vnto one Henry Pullen then of Earles Colne aforsaid for the tearme of one and twentie yeares to haue from the feast of St [[Michaell Tharchangell _____ And the]]

said Henry Pullen beinge therof possessed accordingly the said Iohn Earle of Oxenford died of his said estate aswell in the said Manor wherof the said Close was and is [[________]]

the said Manor and Close discended to Edward late Earle of Oxenford as sonne and heire to the said Iohn, by vertue wherof the said Edward Earle of Oxenford was thereof [[seised ____]]

indented bearinge date the twelvethe day of ffebruary in the nynteenthe yeare of her said late Ma{ies}ties raigne did demise vnto one Richard Kelton late of Earles Colne gent th[[__ ______]]

Courtes yardes howses barnes Stables buyldinges and edifices therevnto belonginge w{i}th all the tythe Corne belonginge to the Personage of Earles Colne aforesaid And allso all the [[_____]]

at any tyme belonginge or apperteignynge to the said late Priorie or w{hi}ch then weare and by the space of three yeares then last past had bin taken vsed occupied or inioyed by the said [[_____]]

St Michaell the ArchAungell then last past renderinge the yearely rent of thirteene powndes six shillinges and eight pence And that by force therof the said Richard entered into th[[e ________]]

yearely rent of twelve shillinges (by the handes of the said Henry Pullen) reserved by the said recyted Lease to him made of the said p{ar}cell of grownd called by the name of Greate Ch[[yffin________]]

so being possessed therof as allso of and in all and singuler other the before recyted demised p{re}misses, about{es} [=about] the one and twentiethe yeare of the said late Queenes Ma{ies}ties raigne [[________]]

Kelton the then wief of the said Richard Kelton tooke letters of admynistrac{i}on of the ArchBusshopp of Canterbury then beinge by reason of his prerogative of all the goodes and Chat[[tles _____]]

said Henry Pullen as aforsaid entered into the said p{ar}cell of grownd called Chyffin And by vertue therof was possessed aswell of the said p{ar}cell of grownd, called Chyffin as also of al[[l ______]]

the two and twentiethe yeare of the raigne of the said late Queenes Ma{ies}tie tooke to husband the said Robert Herlakinden the said then Complayn{au}nt by force wherof he the said Roger [[Herlakenden _______]]

of all other the before recyted demised p{re}misses And so beinge thereof possessed the fifteenthe day of November in the six and twentiethe yeare of the raigne of the said late Queenes Ma{ies}tie for g[[ood _______]]

aswell of the said p{ar}cell of grownd called Chyffin as allso of all other the before recyted demised p{re}misses for the tearme of one and twentie yeares to beginne at the fease of St Michaell [[the ArchAngell [[_____]]

powndes six shillinges and eight pence In w{hi}ch said last recited Lease the said Earle Coven{au}nted and graunted w{i}th the said Roger Herlakinden his executors administrators and assignes [[_____]]

from all p{er}sons lawfully claymynge any right or interest to the same By vertue wherof the said Roger Herlakenden was possessed accordingly And so beinge possessed by his great labor [[________]]

called greate Chyffin into a hoppe garden After w{hi}ch viz the twentiethe day of Iuly, in the nyne & twentiethe yeare of the raigne of the said late Queenes Ma{ies}tie vppon very good considerac{i}[[ons _____]]

into a hoppe garden to one Will{ia}m Stammer of Earles Colne aforesaid yeoman To haue and to hould to him his executors administrators and assignes for the tearme of tenne yeares from the f[[east ________]]

last recyted lease the said Roger Herlakenden did Coven{au}nte promise and graunt to and w{i}th the said William Stammer his executors administrators and assignes That the said William Stam[[mer _____]]

peaceably and quietly haue occupie and enioye the said eight acres of Hoppe grownd duringe the said tearme of Tenne yeares w{i}thout any lett trouble or evicc{i}on of any p{er}son or p{er}sons whatsoeu{er} an[[d? _____per-]]

formynge of all the Coven{au}nt{es} and agreem{en}t{es} comprised in the said Lease made to the said Stammer And that by vertue therof the said Stammer entered and was therof possessed accordingly And the said R[[oger Herlakenden ___]]

[[__]]ewe that after the said last recyted lease made to the said Will{ia}m Stammer Vizt the eighth day of November in the said nyne and twentiethe yeare of the said late Queenes Ma{ies}ties raigne [[______]]

Countie of Essex servant to the said Earle viz the said Edward late Earle of Oxenford decessed and beinge then a Chief and principall officer to the said Earle concerninge receipt of his [[________ in]]

whom the said Earle reposed greate trust and confidence for the faithfull and honest execuc{i}on of the said office ^\\contrary to the dutie of a faithfull & iust officer// vnduly procured and obteigned to him self by deed indented from the said Earle [[______knowen by the]]

name of greate Chyffin conteignynge by estymac{i}on twelve acres for the tearme of one and twentie yeares from the feast of St Michaell TharchAungell then last past being then in lease to him the s[[aid _______]]

[[____]] it should seeme informynge the said Earle his master that the said twelve acres called Chyffin was not then in lease to any p{er}son, for that it was very likely if the said Earle had [[knowen _______]]

[[_____]]ked [[___]] aswell of the demesne land{es} belonginge to the said Manor called Colne Priorie and w{i}thall that he had Coven{au}nted w{i}th the said Roger Herlakenden for the quiet and peaceable enioyinge of the [[_____]]

_______ said Earle would not haue made the said Lease next before recyted of the said p{ar}cell of grownd to the said Nicholas Bleake After w{hi}ch Lease so vnduly p{ro}cured and obteigned by the said [[Nicholas Bleake _____]]

[[______]] he the said Bleake would enter and haue the said p{ar}cell of grownd called Chyffin and putt oute the farmer of the said Roger Herlakinden for that he the said Bleake had a lease [[_____]]

[[_______]] before by the said Earle to the said Roger Herlakenden and likewise that the said lease made by the said Earle to the Scite of the said Priorie and of all other the p{re}[[misses _______]]

[[________]] good but [[_____]] Wherevppon the said Roger Herlakenden (myndinge to avoide aswell all suites and occasions of controu{er}sies as allso all ambiguities and doubtes w{hi}ch myght or [[_____]]

[[_______ said]] Bleake as aforesaid as allso of the said supposed defeisable lease made by the said Earle to the said Roger Herlakenden became sutor by meanes to the said Earle for the obteignynge a new [[_______]]

[[______]] other the fore recyted demised p{re}misses sayinge that he would give vnto the said Bleake the some of twentie powndes if he would s{ur}render and yeld vpp his said Lease before mencioned and [[____]]

[[____]] besides the yearelye rent of fowerteene powndes for a newe lease for one and twentie yeares aswell of the said twelve acres called Chryffin as allso of all other the said demised p{re}misses vnto [[____]]

[[the said]] Earle as aforesaid as diu{er}s others weare privie And further by the said Bill shewed that the said Earle w{i}th the said Bleake and other the said Earles officers weare then contented to d[[o ______]]

[[____]] as allso to accept of his said offer and so did And that therevppon the said Earle required the said Bleake to s{ur}render his said lease w{hi}ch in semblaunce and outward shewe he seemed contented to [[____]]

of the said twelve acres as thoughe he had s{ur}rendered the same in deede, and tooke the said some of twentie pownd{es} of him the said Roger Herlakinden to his owne vse in considerac{i}on that he should [[____]]

therof as aforsaid to coler his Covenous and fraudilent purpose and to cause the said Roger Herlakinden the lesse to suspect his vniust and vnconscionable dealinge he beinge then the said Earles officer [[______]]

Indenture of demise to him the said Bleake made by the said Earle of the said twelve acres of land as thoughe the same had bin in deed and bona fide before s{ur}rendered vpp and determyned [[______]]

powndes of the said Roger Herlakinden to the vse of the said Earle in considerac{i}on of the said newe Lease to be made by the said Earle to the said Roger Herlakenden accordinge to his said suit [[_____]]

other the said demised p{re}misses And that therevppon the said Earle by his sufficient deed Indented bearinge date the second day of Ianuary in the thirtiethe yeare of the sald late Queenes M[[a{ies}ties raigne _______]]

called Chyffin by speciall name as allso all and singuler other the recited demised p{re}misses to the said Roger Herlakinden for the terme of one and twentie years To haue from the feast of St M[[ichaell Tharchangell then next followinge _______]]

rent of fowerteene powndes, by force wherof the said Roger Herlakinden was possessed therof accordingly And the said Roger Herlakinden by his said bill of Compl{ainan}t further shewed that sithens the said [[_____said Bleake and]]

diu{er}se of his confederates and favorites myndinge nothinge ells but fraude Coven subtiltie and most vnconscionable dealinges toward{es} the said Roger Herlakinden w{i}th a desire to haue him fall into the [[_____]]

and bond w{hi}ch he had entered into vnto the said Tanner for the quiet and peaceable enioyinge of the said hoppe grownd as before is menc{i}oned, and likewise to se him vexed incombered & molest[[ed _______]]

more then at that tyme weare befallen him (beinge very many) by the indirect meanes vnconscionable procurem{en}t iniuriouse behavior and Covenous and fraudilent practises aswell of the said Bleake [[______]]

namely Symon Ive Iohn Aylmer Thomas Bridge Iohn Scott and Benet Watson of Earles Colne aforsaid w{hi}ch had conspired confederated and combyned them selves together effect the said [[_______]]

did and would more playnly appear for the said Bleake sundry and often tymes sithens the said last recyted lease made to the said Roger Herlakenden by the said Earle as aforesaid had anie [[____]]

that he had not in truethe s{ur}rendered the said lease of the said twelve acres called Chyffin to him made by the said Earle neither could he then s{ur}render the same albeit in outward semblance [[______]]

his tearme title and interest therof vnto the said Symon Ive and Iohn Aylmer before the said supposed s{ur}render and the deliu{er}ye of the said Indenture of demise to the said Roger Herlakenden [[_____]]

the interest therof did remayne and abide in the said Symon Ive and Iohn Aylmer who by acc{i}on at the Comon lawe should recou{er} the same and so eiect and put oute the said Roger Herlakenden [[____]]

of the said twelve acres called Chyffin To the effectinge wherof (as the said Roger Herlakinden had bin informed[)] aswell the said Bleake as all other his said Confederates and favorites before m[[encioned [[_________]]

the Covenous and indirect Course in the said Bill of Compl{ainan}t menc{i}oned vizt that the said Scott Bridge and Watson should enter vppon the said hoppe grownd to the intent that the said [[_________]]

there acc{i}on of Eiectione firme against them and that they therevppon should appeare by atturney and that after appearaunce thay should by Covin and fraud confesse the acc{i}on and pleade [[....... _______]]

more secretly and speedily be had and obteigned against them wherby the said Herlakindens farmer of the hoppe grownd should by Iudgm{en}t in lawe be eiected out of the same And the said Bleake [[______]]

as he had bin informed the said Ive and Aylmer had then before the exhibitinge of the said Bill of Compl{ain}t comenced in the said late Queenes Ma{ies}ties Cort of Kinges benche the said Covenous and [[indirect Course_______ Hoppe]]

grownd called Chyffin for it was comonly reported that the said Ive and Aylmer or one of them did come vnto the said Scott Bridge and Watson or to some of them affirminge that [[________]]

Hoppe grownd called Chyffin but if they would appeare w{i}thout servinge of the said proces vppon them he would spare the arrestinge of them and save them the charges and fees that [[______]]

procure an Attorney to appeare for them at London and so save them suche charges as they should be at if they should go thither indeed where in trueth neither the said [[________]]

but the same was a thinge mearely practised and done by the Covinows consent{es} and fraudilent practises aswell of the said Aylmer as of all other his Confiderates and favorites [[_________]]

the said Ive and Aylmer or one of them procured an Attorney to appeare in the Kinges Benche for the said Bridge Scott and Watson they nor any of them makinge [[_____]]

against them And forasmuche as the said Roger Herlakinden had no ordynary remedy by the strict Corse of the Comon lawe or Statutes of this Realme neither against the said B[[leake ______]]

of his said [assignem{en}t] Lease of the said twelve acres called Chyffin to the said Symon Ive and Iohn Aylmer being in trueth privie to the said fraud and Cov[[yn]] for that [[________]]

could not directly prove the same by any wittnesses nor yett against the said Bridge Scott and Watson for theire Covinouse vnconscionable and vnd[[direct practises]] and bothe [[________]]

daunger to breake and forfect his said Coven{au}nte and bond and to be sued for the same at the Comon lawe by reason of theire said Covenouse and fraudulent practises and [[____ in tender]]

considerac{i}on of all the p{re}misses humbly desire the said late Queens Ma{ies}ties most gratiowse writ of Iniunction to be directed aswell to ye said Symon Ive and Iohn Aylmer [[as [to the rest] _____]]

comaundinge them and eu{er}y of them therby noe further to proceed in the said acc{i}on or suite at the Comon lawe, and allso her said late Ma{ies}ties gratiowse writt of [[Subpena ___________]]

Scott and [Barrett?] Bennet Watson comaundinge them & eu{er}y of them therby personally to appeare in this most honorable Cort of Chauncery at a certen daye and vnder [[a certen payne _____ to abide]]

suche order and direcc{i}on therin as to the said Cort should be thought meete and Convenyent To w{hi}ch Bill of Complaint the said Nicholas Bleake [[_______]]

oathes, To w{hi}ch Answere the said Roger Harlakinden did reply And afterward{es} the said p{ar}ties grewe to Comission and witnesses weare examined whereby[?] [[_____]]

most honorable Cort ready to be published as by the said Bill of Compl{ainan}t Answere Commission and deposic{i}ons remayninge of record in this most honorable [[Cort _____]]

that before publicac{i}on of the wittnesses aforesaid the said Roger Herlakinden dyed havinge before in his lief tyme made his last will and testam{en}t in writinge [[_____]]

dead and the said Symon Ive and Iohn Aylmer who weare p{ar}ties and privie to the said secreate and fraudilent graunt of the said Bleakes p{re}tended lease [[_____]]

the said suite nowe concernethe yo{u}r said Orato{u}r in suche nature maner and forme as the same did concerne the said Roger Herlakinden in his l[[ief time ______]]

to him the said Roger Herlakinden May it therfore please your most honorable lordshipp to graunt that the said Bill Answere Replicac{i}on and all other the p{ro}ceedinges in the said recyted _______ your said]]

Orators may be allowed to proceed therin in suche sort and in the same degree as the said Roger Herlakinden myght have done if he weare yet living [[____]]

directed to the said Symon Ive and Iohn Aylmer comaundinge them and either of them therby at a certen day and vnder a certen payne therin to be [[limited personally to appear in this most honorable Court of]]

Chauncery then and theare to answere the p{re}miss{es} and to shewe cause why they said Bill answere and other the p{ro}ceedinges in the said recyted [[_____]] had as aforesaid [[______ And yo{u}r]]

said Orators shall dayly pray for yo{u}r lordshippes healthe longe to contynue w{i}th muche increase of honor.

PRO C 3/273/36/3 (Answer)

The ioynt and seu{er}all demurrers & answeres of Symon Ive and Iohn Aylemer deff{endantes} to the bill of Reviver of Richard Harlakenden & Thom{a}s Harlakenden Compl{ainan}t{es}

The said deff{endan}t{es} say, That the said bill of Reviver is very vncerteine & insufficient in the lawe, to be answered vnto,

as these deff{endantes} take it, and that they ought not to make any answere therevnto, ffyrst for that the said Roger

Herlakenden named in the said bill of Compl{ainan}t, now deceassed, comenced the said suyte in Easter terme; 1590 against

the said Nicholas Bleake: a deff{endan}t named in the said bill, and against these now deff{endan}t{es}, and against Benet Watson

Iohn Scott & Thom{a}s Bridge also deff{endan}t{es}, as by the said bill remayninge of record in this honorable Cort, may

appere, and furthermore for that the said Roger Herlakinden, lyved after the said suyte so comenced, about xij yeres

and in that time never p{ro}ceded to, or brought the said cause to any hearinge, nor required publicac{i}on of any

deposic{i}ons, in the said cause, to the knowledge of these deff{endantes}, yf there were any examyned therein, And whether there

were any examined, in the said cause, or no, ys altogether vnknowne to these deff{endantes}. And likewise for that the

said Nicholas Bleake one of the deff{endantes}, whom the matter did principallie concenre, is now dead, who lyved

after the said suyte com{m}enced, about xj yeres, and never examined any witnesses in the said cause, to the knowldge

of these deff{endan{t{es}, and the said Scott & Watson are likewise dead, who lyved after the said suyte comenced about

vij or viij yeres, and neu{er} examined any witnesses in the said cause, to the knowledge of these def{endan}t{es}. And further

these def{endan}t{es} saye, that they & eyther of them, for there p{ar}t{es}, doe vtterlie disclaime, to have any right, title, or

interest in, or to the said pece of ground called great Chiffin, mencioned in the said bill, Or that they, or either

[[o]]f them, at the time of the said bill exhibited by the said Roger Herlakenden, against the said now deff{endan}t{es}, & the

[[ot]]her deff{endantes} named in the said bill, or at any time sithence, had any right, title, or interest, in, or to the same

[[__]]at these deff{endantes} saye, that as they take it, the interest of the said pece of ground, called great Chiffin, resteth in the

[[righ]]t Honorable Henry de Veer, now Erle of Oxenford, the King{es} Ma{ies}t{ies} ward. Therfore these def{endan}t{es} do demurr

[[___]] vpon the said bill of Reviver, and doe demand iudgem{en}t of this Honorable Cort, whether they shalbe compelled

[[to mak]]e any further answere therevnto. Neu{er}theles if the said def{endan}t{es} shalbe ordered, by this honorable Cort to

[[make a]] ny further answere to the said bill, Then and not otherwise, the said def{endan}t{es}, savinge to themselves the

[[______]] advantage of exception to the incerteintie & insufficiencye of the said bill of Reviver, These def{endan}t{es} and

[[each of]] them, do answere & say, as they before in there answere, made to the said bill of Compl{ainan}t, exhibited by

[[____ Rog]]er Harlakenden, into this Honorable Cort, haue alreadie answered, and sayd, and pray to be dismissed

[[with their rea]]sonable cost{es} in this behalf by them wrongfullie susteined.

PRO C 3/273/36/1 (Replication)

The Replication of Richard Harlakenden Esquire & Thomas Harlakenden Gent' Compl{ainan}t{es} to the ioynt & seu{er}ll Answers of Nicholas Blackwell gent' & Richard Wilkinson Defend{an}t{es}

The said Compl{ainan}t{es} for Replication doe say as in their said Bill of Compl{ain}t they have already said & do & will averre iustify & mainteyne theire said Bill of Compl{ain}t & all & euery Clause sentence article & allegation therein Conteyned to be good iust & true & likewise certeyn & sufficient in the law to be answered vnto by the said Defend{an}t{es} & either of them & exhibited into this honorable Courte vppon good & iust cause of suite as in & by the said Bill is truely sett forth & declared & that the said Answer of the said Defend{an}t{es} & either of them is very vncerteyne vntrue & insufficient in the law to be replyed vnto by theise Compl{ainan}t{es}, & doe further say that the said Bill of Compl{ain}t is not only & barely grounded vpon the said Two pointes by the said Defend{an}t{es} in theire said Answer menc{i}oned but lykwise vpon divers other matters & Circumstances of equity apt & p{ro}p{er} to be relived in this most honorable Court as in & by the said Bill is at large sett forth & declared & doe lykewise say that if there were any such Coveyance made whereby the said parcell of land Called Bandon was inteyled as in the said answere is surmised the same was made in such maner & to such indirect purpose as in the said Bill is sett forth & was revocable ^[\\and//] revoked before the said Lese made to the said Will{ia}m Symonds & the deed of Revocation cancelled or concealed as in the said Bill is likewise truly set forth w{i}thout that that the said p{re}tended mariage was had or celebrated betweene the said Edward Blackwell & Alice Webbe in the said answer named as therein is surmised & w{i}thout that that there was or is any such office or inquisition whereby the said p{re}tended Conveyance or mariage or any other thinge in the said Answer surmised were or are found as by the said answer is surmised & w{i}thout that that the said Will{ia}m Symonds eyther before or at the tyme of the makinge of the said lease for five Hundred yeares or at any tyme since did knowe or could not be ignorant of the said p{re}tended Convey{au}nce whereby the said p{re}misses as is p{re}tended were intayled as in the said Answer is surmised for theis replyant{es} further say that before & at the tyme of the makinge of the said Lease both the said Defend{an}t{es} father & himself did affirme that his sayd father was seised in fee symple of the said p{ar}cell of Land & that the said Defend{an}t was of the full age of one & Twenty yeares whereby the said Symonds was induced to purchase the same & w{i}thout that that the father of the said Defend{an}t Michaell Blackwell dyed at such tyme as in the said Answer is surmised or did make the said Defend{an}t{es} mother his executrix or that letters of administrac{i}on were graunted ^\\to her// as in the said answer is surmised & w{i}thout that that the said Will{ia}m Packington possessed himselfe of the p{er}sonall estate of the Defend{an}t{es} said father or of any such deeds or evidenc{es} or exemplificac{i}ons or that thereby the said Defend{an}t was kept ignorant of his estate or title as in the said answer is surmised And w{i}thout that that the said fower hundred & thirtye pounds menc{i}oned in the said Lease was paid for the purchase of other landes of inheritance to him the said Symonds bought of the said defend{an}t{es} father or that the said Symonds made no accompt of the said lease or feared the title thereof or discou{er}ed so much to any whomsoeu{er} as in the said answer is surmised And w{i}thout that that any other matter clause article or allegac{i}on in the said answere conteyned materiall to be replyed vnto by theis Replyant{es} & not herein sufficiently replyed vnto confessed & avoyded or traversed & denyed is true All w{hi}ch matters these Replyant{es} are ready to averr & prove as this most honorable Court shall award & doe humbly pray as in the said bill they have prayed

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