Roger Harlakindon, esq., vs. John Bragge and Robert Ive; to recover rent and stay waste.

PRO C2/Eliz/H22/55 (4 May 1588)

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PRO summary: A park called Colne Park, in Earles Colne, sometime the estate of the Earl of Oxford, and since purchased by plaintiff.

This unusually well-documented case consists of the following documents:

1: Original bill of complaint
2: Answer of John Bragge
3: Certificate
4: Copy of original bill of complaint
5: Answer of Robert Ive
6: Replication

Text in boldface is taken from other documents, including the chancery copy (4) of the original bill of complaint.

PRO C2/Eliz/H22/55/1 (55/4 cited in italics)

[[...]] quarto die Maij 1588

To the right honorable S{i}r Christopher Hatton Knight Lord Chauncello{u}r of England

In most humble wise Complayninge shewith vnto yo{u}r Honorable Lordshippe yo{u}r dayly Orato{u}r Roger Herlakinden of Stepnie in the Countie of Midlesex Esqr that whereas the right honorable Edward nowe Earle of Oxenforde was lawfullie s[[eised ______]]

or inclosed grounde Com{m}onlie called or knowen by the Name of Colne p{ar}ke w{i}th thap{ur}ten{au}nc{es} and of one piece of meddowe late p{ar}cell of the said p{ar}ke lying & being in ErlesColne in the Countie of Essex in his demeasne as of ffee And so being thereof seysed, by his s[[_______dated]]

the xxvijth daie of December & in the xvijth yeare of the Raigne of o{u}r Sou{er}arigne Lady Queene Elizabeth vpo{n} diu{er}se good Considerac{i}ons him therevnto moving, did demise gr{a}unte & to fferme lette vnto Thomas Bareffoote of Lamberne Hall in the Countye of Essex

gentlema{n} Thomas Luther of Stapleford Tawnye & Iohn Collen of Highe Laver in the said Countie yoman the said p{ar}ke or inclosed ground & meddowe w{i}th their ap{ur}tenu{au}nc{es} (Excepte & reseured to the said Earle & his heires such & so manie of the wood{es} and vnderwood{es} and

trees then growing in the said p{ar}ke as were not before bargayned & sold giuen & gr{a}unted to certaine p{er}sonnes as by the same deede more at large it doeth & maie appeare. To haue & to hold the said parke or inclosed ground & meddowe & all other the p{re}misses Except before excepted

vnto the said Thomas Bareffoote Tho{mas} Luther & Iohn Collen their Executo{u}rs Administrato{u}rs & Assignes fro{m} the feast of Thannunc{i}ac{i}on of Ste Mary the Virgin then nexte followinge vnto the ende & Terme of Twentie & One yeares from thence next insuinge and fullye to be

Complete & ended yelding therfore yearelie vnto the said Earle his heires & Assignes ffowrescore poundes of lawfull monie of England at the feast{es} of Ste Michaell tharch{a}ungell & Thannunc{i}ac{i}on of the Virgin Marie by even porc{i}ons as by the said deed it doeth and maye

more plainelie appeare By force whereof the said Tho{mas} Tho{mas} & Iohn therevnto entred and were thereof iointlie possessed accordinglie And they being so iointlie possessed thereof the said Iohn Collen by his sufficient deede bearinge date the xxviij daye of December in the said

xvijth yeare of hir Ma{ies}ties Raigne aforesaid for diu{er}se good Causes & Considerac{i}ons him movinge did gr{a}unte Alien Assigne & sette ou{er} vnto One Anthonie Luther of the Midle Temple gent' all his estate right interest terme of yeares Claime & demande of ^\\in// and to the said recyted p{re}misses

Togither w{i}th his title & Interest of & in the said recyted deede of demise in as large & ample mann{er} & forme as he the said Iohn Collen then had or ought to haue in the same by vertue of the said recyted deede of demise By force whereof the said Anthony entered and was thereof togeather

possessed accordinglie. And the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther being so possessed of the p{re}miss{es} as before mencioned And the said Earle seysed in ffee of the Reu{er}sion of the said p{re}miss{es} The said Earle beinge soe seazed by another his

sufficient deede bearinge date the xxviijth daie of May in the xxiiijth yeare of her Ma{ies}ties Raigne for & in Considerac{i}on of a certaine S{u}m of Monie did bargaine & sell to the said Tho{mas} Tho{mas} and Anthonie their Executor{es} Administrator{e}s & Assignes all those wood{es} vnderwood{es}

Timber & trees whatsoeu{er} then standing growing & being in or vpo{n} the said Inclosed grounde, or p{ar}ke com{m}onlie called Colne P{ar}ke then late disp{ar}ked or in or vpo{n} anie of the grounde then late p{ar}te or p{ar}cell of the said p{ar}ke or ground or in & vpon the said meadowe then late parcell of

the said p{ar}ke being then seu{er}ed & enclosed from the same, and in & vpo{n} all & eu{er}y p{ar}te of the p{re}miss{es} or in or vpo{n} the banck{es} hedg{es} ditches or enclosurs of them or eu{er}y of them (Excepte ^\\&// allwaies res{er}ued out of the said bargaine to the said Earle his heyres and assignes

Two hundreth Timber trees of Oke bearing Toppes five Hundreth Pollengers of Oke & ffifteene Hundreth Other Trees of Ashe Maple Hasell Lyne Elme or Hornebeame as in & by the said last recyted Indenture more p{ar}ticularlie and at large it doeth and maye appeare

And farther the said Earle by his said last recyted deede did then Coven{au}nte & gr{a}unte for him his heires Executo{u}rs & Assignes to & w{i}th the said Tho{mas} Tho{mas} & Anthonie & eu{er}ie of them their & eu{er}y of their Executo{u}rs Administrato{u}rs & Assignes that it should and might be Lawfull

for them & eu{er}y of them to haue take vse & enioy duringe the terme of xiiij yeares then nexte ensuinge the said wood{es} vnderwood{es} Timber & Trees so bargayned & sold w{i}th free Lib{er}ties Easiam{en}t{es} & Com{m}odities for the felling sawing & converting into Stuffe and Caryinge

awaie of the said wood{es} vnderwood{es} Timber & Trees as it doeth & maie more plainelie appeare by the said last recyted deede. And the said Earle then being seysed in ffee aswell of the said Reu{er}sion of the said p{ar}ke or Inclosed ground and other the p{re}misses with

thap{ur}ten{au}nc{es} as allso of the said Two Hundreth Timber trees of Oke bearing Toppes, ffive Hundreth Pollengers of Oke & ffifteene hundrethe Other Trees excepted by the said Earle as before is recyted by his sufficient deede [[_______]] and inrolled according

to the Statute in that behalf p{ro}uided bearing date the xvijth daie of November in the xxvijth yeare of her said Ma{ies}ties Raigne and by other sufficient Conveyaunce & assuraunce in the Lawe for & in Considerac{i}on of a certaine S{u}m [[________]]

the said Earle by yo{u}r Lordship{s} said Orato{u}r did bargaine sell giue & gr{a}unte vnto yo{u}r said Orato{u}r and to his heires all that the inclosed grounde or p{ar}ke then late disp{ar}ked commonlie called Colne P{ar}ke w{i}th thap{ur}ten{au}nc{es} and all houses edifices Lod[[ges __________]]

sett lying or being in or vpo{n} the same To haue & to hold all the last recyted p{re}miss{es} to yo{u}r said Orato{u}r his heires & Assignes for eu{er} by force whereof yo{u}r Lordsh{ippes} said Orato{u}r was & is seysed of the Reu{er}sion of the p{re}miss{es} w{i}th the appurtenances [[________]]

And the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther being possessed of the said parke or inclosed grounde and other the p{re}miss{es} as before is mencioned the said Tho{mas} Tho{mas} & Anthonie by their sufficient deede Indented bearing date the fyvetenth

daye of Iulie in the Twentie & sixth yeare of her said Ma{ies}is Raigne vpo{n} certaine Considerac{i}ons did demise gr{a}unte & to ferme lette vnto one Iohn Bragge of EarlesColne aforesaid yoman all that the said greate Lodge w{i}thin the said parke togeather w{i}th

Three Hundreth & ffower skore acres of land & pasture p{ar}cell of the said p{ar}ke & lying & being w{i}thin the pales & Inclosures thereof and neere adioyning to the said Lodge Excepting all mann{er} of Timber trees standing & fallen in & vpon the said last recyted demysed

p{re}miss{es} w{i}th Lib{er}tis of free ingresse egresse & regresse into & out of the same vnto the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther their Executo{u}rs Administrato{u}rs & Assignes & their workemen for the fellinge hewinge sawinge and Carrying of the

said Trees & Timber w{i}th diu{er}se Other & more Lib{er}ties of free egresse & regresse into & out of the same for and about the vsing & imployinge of the said trees & Timber as by the said deede it doth & may more plainlye appeare To have and

to hold the said last recyted demised p{re}miss{es} (Excepte as before is excepted) vnto the said Iohn Bragge his Executo{u}rs Administrato{u}rs & Assignes fro{m} the last daie of September then nexte ensuinge vnto the ende and tearme of eleven yeares then next

following yelding & payinge therefore yearelie vnto the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther their Executo{u}rs Administrato{u}rs & Assignes during the said last recyted Terme the S{u}m of Threesc[[ore]] pound{es} of lawfull money of

England at the ffeast{es} of Thannunc{i}ac{i}on of the Virgin Mary & Scte Michaell Tharchangell or w{i}thin Thirtie daies nexte after eyther of the said ffeast{es} by equall porc{i}ons And the said Iohn Bragge by the said [[deede ____________]]

for him his Executo{u}rs Administrato{u}rs & Assignes to & w{i}th the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther their Executo{u}rs Administrato{u}rs & Assignes that the said Iohn Bragge his Executo{u}rs Administrato{u}rs & A[[ssignes _______]]

suffer the said Tho{mas} Tho{mas} & Anthonie their Executo{u}rs Administrato{u}rs & Assignes & eu{er}ie of their labourers & workeme{n} to haue free Lib{er}tie of egresse & regresse into & out of the said last demised p{re}miss{es} for the Cutting vsing & Carrying [[_______]]

mann{er} & forme as is lastlie before mencioned And allso that he the said Iohn Bragge his Executo{u}rs Administrato{u}rs & Assignes nor the serv{a}unte or s{er}v{a}unt{es} of anie of them should not at anie time during the said Terme laste r[[ecyted _______]]

the said Tho{mas} Tho{mas} & Anthonie their Executo{u}rs Administrato{u}rs & Assignes first had in writinge fell Cutte digge vp or Grubbe vp anie Timber trees or anie other Tree or Trees standing or growing in or vpo{n} the last recyted demised p{re}miss whi[[__ ______]]

he the said Iohn Bragge entred into the said last mencyoned demised p{re}miss{es} and was thereof possessed accordinglie and he so being thereof possessed And the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther beinge Lawfullye possessed

of such & so manie of those wood{es} vnderwood{es} & Timber & Trees by vertue & force of the said Bargaine & sale made of the same by the said Earle as before is mencioned They the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonye Luther did by their

sufficient deede bearing date the xxixth daie of August in the xxvjth yeare of her said Ma{ies}ties Raigne for a certaine S{u}m of Monie to them paid by yo{u}r Lordsh{ippes} said Orato{u}r did bargaine & sell gr{a}unte Assign and sett over all the said wood{es}

vnderwood{es} Timber & Trees by them bought as before mencioned vnto yo{u}r Lordsh{ippes} said Orato{u}r w{i}th the like Lib{er}tie of Egresse & regresse for the Cutting Carryinge & vsing of the same as they themselves had by f[[_______]]

was & is possessed thereof accordinglie After w{hi}ch tyme yo{u}r Lordsh{ippes} said Orato{u}r having an Intenc{i}on to p{ro}cure vnto himself fro{m} the said Tho{mas} Bareffoote Tho{mas} Luther & Anthonie Luther all the Reman{au}nte of their term[[e ________]]

Togither w{i}th the said Reu{er}sion ^\\&// yearelie rent of Three skore pound{es} of in [&] ^\\or// out of the said Inclosed ground or p{ar}ke w{i}th thap{ur}ten{au}nc{es} before mencioned w{hi}ch they were then possessed of & fearing that by taking their estat{es} [[______]]

of the p{re}miss{es} the rent{es} by them reserued vpo{n} the same wolde be determined in [Lordsh{ippe}] Lawe yo{u}r Lordsh{ippes} said Orato{u}r standing seysed of thenherit{a}unce thereof yo{u}r said Orato{u}r p{ro}cured One Henry Iosselin of Willingale doe in the saide Countie of Essex

Esqr brother in Lawe while he liued to yo{u}r said Orato{u}r to giue his friendlie assent to the taking of the same in his name vpo{n} confidence & trust to the vse of yo{u}r said Orato{u}r to the intent that such rent{es} as were receyved to the said Tho{mas} Bareffoote

Tho{mas} Luther & Anthonie Luther their Executo{u}rs or Assignes by reason of anie former vnder Lease hade by them of p{ar}cell of there said Terme first mencioned & recyted should not be extinguished or dyminished wherevppon the said Tho{mas} Bareffoote

Tho{mas} Luther & Anthonie Luther being possessed of the said Reu{er}sio{n} or Remn{au}nte of the said Terme of yeares togither w{i}th the said yearelie rent of Threeskore pound{es} to them reserued vpo{n} the said recyted Lease made to made to the said Iohn Bragge of the said

Lodge w{i}th the Three Hundrethe & fowerskore acres of Land before mencioned w{i}th their ap{ur}ten{au}nc{es} p{ar}te of the said p{ar}ke or Inclosed ground before recyted by their deede Indented, bearing date in the xxixth daie of August in the sixe and twentyth yeare of her

said Ma{ies}ties Raigne for & in Considerac{i}on of a certaine S{u}m of monie to them paide did bargaine sell Alien Assigne & sette ou{er} vnto the foresaid Henry Iosselin his Executo{u}rs & Assignes All their estate Terme Lease and interest for yeares

to come w{hi}ch they then had or of right ought to haue in or to the said Inclosed ground or p{ar}ke Co{m}monlie called Colne P{ar}ke & eu{er}y p{ar}te or p{ar}cell thereof (w{hi}ch they then ^\\had// by vertue of the said first recyted demise m[[________aforesaid]]

Togither w{i}th the said yearelie rent of Threeskore pound{es} reserued vpo{n} the said Lease by them made vnto the said Iohn Bragge as by the said recyted Indenture it doeth & maie more plainelie appeare. And the said [[________]]

of the said recyted Lodge & iijC & iiijxx acr{es} of land before mencioned by force of the said demise to him made in mann{er} & forme as before mencioned paied to [+yo{u}r] Lordsh{ippes} said Orato{u}r the half yeares rent, w{hi}ch was vn[[__________]]

Tharch{a}ungell then nexte after the said gr{a}unt & Assignem{en}t made to the said Henry Iosselin At the time of w{hi}ch said paym{en}t the said Iohn Bragge as yo{u}r said Orato{u}r is Crediblie enformed had certaine knowledge of [[________]]

made vnto the said Henry Iosselin & that the said Assignem{en}t was but of trust & Confidence to thvse of yo{u}r said Orato{u}r as before is mencioned And therefore the said Iohn Bragge knowing the same paid the [[_______]]

& Agreeinge to the said Assignem{en}t made to the said Henry Iosselin for the vse & behoof of yo{u}r Lordsh{ippes} said Orato{u}r Sithence w{hi}ch said paym{en}t the said Iohn Bragge hathe gr{a}unted & Assigned ou{er} all his Tearme for yeares of and in the [[________]]

of Land w{i}th Thap{ur}ten{au}nc{es} before mencioned vnto one Rob{er}te Ive of EarlesColne aforesaid yoma{n} by force whereof he entred & was & is thereof possessed accordinglie & paide one paym{en}t of the said rent to yo[[_________]]

entent & meaning of the said gr{a}unte made vpo{n} trust as is aforesaid But sithence the said paym{en}t the said Iohn Bragge & Rob{er}te Ive haue most fraudulentlie & subtillie & vpo{n} malice w{i}thout anie iust Cause Contrarye to all equitye [[________]]

deuised & Conspired & practised betweene themselues vtterlie to defeate yo{u}r Lordsh{ippes} said Orato{u}r of the said yearlie rent of iijxxli gr{a}unted to the said Henry Iosselin of trust & Confidence to thuse of yo{u}r said Orato{u}r as is before recyted depending [[______]]

that by the stricte Course of the Co{m}mon Lawe neyther yo{u}r said Orato{u}r, nor the Executo{u}rs of the said Henry Iosselin shall or maie by anie meanes recou{er} the said yearely rent of iijxxli And according to their said wicked determinac{i}on the said Iohn

Bragge & Rob{er}te Ive haue & fro{m} time to time doe giue out in Commo{n} speeches to diu{er}se p{er}sonnes, that they the said Iohn Bragge & Rob{er}te Ive nor eyther of them did at such time as they paide their said rent{es} vnto yo{u}r said orator as before is recyted knowe

or vnderstand of the said gr{a}unte or Assignem{en}t made vnto the said Henry Iosselyn p{re}tending nor Atturnam{en}t to be made by them vpo{n} the same according to the stricte forme of the Lawe and there[fore]\\vpon// they the said Iohn Bragge & Rob{er}te Ive

& eu{er}y of hem most lewdelie & disceitefullie & Contrary to all equitie & good Conscience for the space of theise ij yeares ^\\fullie[?]// last past haue at all times & yet doe refuse to pay the said rent to yo{u}r said Orato{u}r or to the Executors of the said Henrye

Iosselin Allthoughe they haue bin fro{m} time to time most friendlie required to paie the same And the said Rob{er}te Ive not yet satisfied or Contented w{i}th this his malicious iniurious & vnconscionable dealin[[g]]e sythence he came to the possession of the said

Lodge & iiijC iiijxx Acres of land before recyted hathe & still doeth most violentlie wrongfullie & vniustlie Contrary to all equitie & Conscience And contrary to the Coven{au}nt{es} Agreem{en}t{es} Reservationes & Excepcyons in the said deed of demyse made to the

said Iohn Bragge Cutte downe wast destroy sell [sic] & Carry awaie or Caused [sic] to be Cutte downe wasted destroyed & Carryed awaie not onelie the said Timber Trees wood{es} & vnderwood{es} growinge in and vppon

the said iijC & iiijxx acr{es} of land demised vnto the said Iohn Bragge as before recyted & nowe in the possession of the said Rob{er}te Ive But allso hathe vtterlie defaced & spoiled the Orchard [[__________]] were standinge

& growing in the same to the greate Losse hinder{a}unce & disinherison of yo{u}r Lordsh{ippes} said Orato{u}r And further whereas yo{u}r Lordsh{ippes} said Orato{u}r sythence the said Rob{er}te Ive came to the possession of the said Lodge and [[______for]]

diu{er}se S{u}ms of Monie did bargaine & sell at diu{er}se times vnto diu{er}se p{er}sons a greate p{ar}te of the timber trees wood{es} & vnderwood{es} then growing standing & beinge in & vpo{n} p{ar}te of the said land And became bound [[_________]]

Timber & wood by diu{er}se Obligac{i}ons in diu{er}se greate S{u}ms of monie viz the S{u}ms of ffive Hundreth pound{es} or thereabout{es} that the said Bargaynees & eu{er}y & eu{er}y [dittography] of them should and might peaceably be suffered at all tymes to sawe [?] take and carry away

the said Timber & wood of & fro{m} the said iijC & iiijxx acr{es} of land so by them bought of yo{u}r Lordsh{ippes} said Orato{u}r The said Rob{er}te Ive & Others by his p{ro}curment have wilfully and vnconscyonablye interrupted and disturbed the said Bargaynees

of the said wood & timber so as they Could not nor yet Can haue & take awaie the said wood & timber, by them bought accordinge to the bargaynes and bond{es} of your said orator as aforesaid And the said Rob{er}te Ive doeth also most iniuryouslie

take or Causeth to be taken awaie the said wood & timber or the most p{ar}te thereof & Convertethe the same to his owne vse contrary to all honestye and true dealinge By reason whereof your Lordshipps said Orator hath forfayted his said obligac{i}ons and standethe daylye

in daunger to be sued at the Co{m}mon Lawe for the forfeyture of them to the greate hindr{a}unce & impou{er}ishm{en}t of yo{u}r Lords[[h{ippes} said]] Ora[[to{u}r [[vnl]]esse yo{u}r accustomed favo{u}r be to him extended in that behalfe In tender considerac{ion} whereof and for as muche as yo{u}r

Lordsh{ippes} said Orato{u}r hath noe witnesses alive that Can testifie the paym{en}t of the said rent{es} vpo{n} the said gr{a}unte so made [[by the]] said H[[enry]] Iosselyn but thinketh verylie that the said Defend{an}ts beinge severallye examyned vppon their othes will Confesse

the truthe touching the p{re}miss{es} so as the Circu{m}stanc{es} Considered yo{u}r Lordsh{ippes} said Orato{u}r being alltogither iniured by theise Lewed practices hath no remedie by the due Course of the Com{m}on Lawe of this Realme maye it therefore please your

good Lordsh{ip} the p{re}miss{es} Considered to gr{a}unte vnto yo{u}r said Orato{u}r the Queenes Ma{ies}ties most gratious writt of Supp{ena} to be directed to the said Iohn Bragge & Rob{er}t [[Ive _________]] of them thereby at a certayne daye and vnder

a certaine paine therein by yo{u}r Lordshippe to be lymitted & appointed p{er}sonallie to appeare before yo{u}r good Lordshippe in her Ma{ies}ties highe Courte of Chauncery then & there to aver to the p[[{re}misses and]] to abyde and receyve suche further order and dyrectyon

in the same as to yo{u}r Lordshippe & that honorable Courte shall seeme best to accorde w{i}th equitie & good Conscience And further for the better lette & stey of the said vnlawfull [[___]] carrying away of the said tymber trees wood{es}

& vnderwood{es} & by the said Ive his s{er}v{a}unt{es} Assistant{es} deputies or Assignes to the greate Wast & pe{r}ill of the said trees wood{es} & vnderwood{es} & p{re}iudice of the inheritance [[________ Robert]] Ive hathe threatned from tyme to tyme

to doe & put in practise being in a mann{er} Consumed & worthe litle by his wrongfull sutes & vexac{i}ons & so nothing regarding what damage or troubles shall or maie f[[_______]] wicked and vnlawfull

practises against Others Maie it allso please yo{u}r good Lordshippe to gr{a}unte vnto yo{u}r said Orato{u}r the Queenes Ma{ies}ties most gracious writt of Iniunction to be directed to the said Rob{er}te Ive [[_______]] to everye of

them Ioinynge them & eu{er}y of them therby not to entermedle nor deale any further w{i}th anie felling Cuttinge downe or Carrying awaie of anie of the said wood{es} vnderwood{es} [[_________]]

by the said honourable Courte And yo{u}r said Orato{u}r according to his bounden dutie shall dailie pray vnto allmighty god for the prosperous health of yo{u}r good Lordshippe long [[to conti]]nue

PRO C2/Eliz/H22/55/5

The Answere of Rob{er}t Ive one of the def{endan}t{es}, to the Bill of Compl{ain}t of Roger Harlakenden Esquire Compl{ainan}t

The said def{endan}t sayeth that the said bill of Compl{ain}t exhibited against him in this most honorable Cort ys as he is informed by his lerned Counsell, both vncerteine & insufficient in the lawe to be answered vnto, and devised and set furth,

as he is vereley p{er}swaded, rather of purpose to vexe & to molest him w{i}th much expenc{es}, rather then for any iust cause of Complaint. The advantage of all w{hi}ch vncerteintye & insufficiencye beinge at all tymes saved to this def{endan}t, for

answer vnto the mater & content{es} of the said Bill, for asmuch thereof, as concerneth himself, he sayth That the said Erle about the tyme in the said bill mencioned, did by Indent{u}r, demise, grant & to ferme lett vnto the said Thomas

Barefoote Tho{mas} Luther & Iohn Collyn in the bill named, the said p{ar}ke or inclosed ground, as in the said bill is alledged (except & reserved vnto the said Erle & his heires inheritable, to the p{re}miss{es}, such & so many of the wood{es} vnderwood{es}

Tymber & trees, then growinge in the said parke, as were not before bargained, solde, geven, or granted, to certeine p{er}sons, as by the same dede more at large it doth & may appere. To Haue & to holde, the said p{ar}ke, or inclosed grounde

(except as before excepted) vnto the said Tho{mas} Tho{mas} & Iohn Colyn, there executors, administrato{u}rs & assign{s}, from the feast of Thannunciac{i}on of St Mary the virgyn, then next folowinge, for the yerelie rent of iiijxxli in man{er} & forme, as by the

Compl{ainan}t his said bill is alledged. In w{hi}ch said Indent{u}r The said Erle, as this def{endan}t is crediblie informed, did coven{au}nt & grant to & w{i}th the said Thomas Thomas & Iohn there executo{r}s & assign{s}, that it should & might be lawfull, to & for the

said Thomas Thomas & Iohn there Executors & assign{s} duringe the foresaid terme, to take for there necessary vses, in & vpon the p{re}misses, sufficient fireboote, hedgeboote, Cartboote, ploweboote, paleboote & rayleboote, to be spent in & vpon

the p{re}misses & not els where; By force whereof, they the said Thomas, Thomas & Iohn thereinto entered & were thereof ioyntlie possessed accordinglie And that they beinge so thereof possessed, The said Iohn Collen, did alien, assigne & set ou{er}

[[vnto the]] aforesaid Anthony Luther, as this def{endan}t verelie thinketh, all his estate, right, interest, terme of yeres, clayme & demande, of & in the said p{re}misses, as in the said bill of Compl{ain}t is also declared By force whereof the said Anthonye

was possessed thereof accordinglie And further this def{endan}t sayth, that he thinketh it to be true, that the said Thomas, Thomas & Anthonye, beinge so possessed of the said p{re}misses, and the said Earle seazed in fee, or fee tayle of the

reu{er}c{i}on of the said p{re}misses, The said Erle about the tyme in the said bill specified, for & in considerac{i}on of a certeine som{m}e of money, did bargaine & sell to the said Thomas, Thomas & Anthonye, all the wood{es} vnderwood{es} & tymber trees then

standinge, or growinge, in, or vpon the said p{re}misses (Excepted & alwaies reserved, out of the said bargaine, to the said Erle, & his heires, Two hundreth tymber trees of oke, fyve hundreth pollengers of Oke, & fiftene hundreth other trees

of Asshe, maple, Hasell, lyne, Elme, & Hornebeame. And further this def{endan}t thinketh, that true it is, that the said Erle, did aboute the tyme, in the said bill specified, bargaine & sell to the said Compl{ainan}t, the said inclosed ground, or parke

& other the p{re}misses, in the said bill mencioned, as in the said bill is declared. After w{hi}ch this def{endan}t sayeth, That the said Thomas Barfoote, Thomas Luther & Anthony Luther, beinge possessed, of the said p{ar}ke, or inclosed ground

and of all the wood{es} vnderwood{es} & tymber trees before mencioned, (Except before excepted) did by theire dede intended bearinge date the xvth day of Iulye in the said xxvjth yere of her said her Ma{ies}t{ies} Reigne, vpon certain considerac{i}ons

demise grant & to ferme lett vnto the said Iohn Bragge, one of the def{endan}t{es}, All that the great lodge w{i}th in the said p{ar}ke, together w{i}th three hundred, & fower score acres of land & pasture, p{ar}cell of the said p{ar}ke, and lyinge & beinge w{i}th in the pales or

inclosures thereof, and nere adioyninge to the said lodge. Exceptinge & reservinge, out of the said demise & grant, all man{er} of tymber trees standinge & fallen in & vpon the said p{re}misses, and the wood & tymber thereof cominge, together w{i}th free ingres

egres & regres, into & out of the said p{re}misses & eu{er}y p{ar}te thereof, vnto the said Thomas, Thomas & Anthony, theire executo{r}s, administrators & assign{s}, & their workmen for the fellinge, hewinge, breakinge out, sawinge, Cuttinge, squaringe, caryage

& recaryage of eu{er}ye & any the said trees wood{es} & tymber, & eu{er}ye or any p{ar}te thereof, w{i}thout any further exception, of any other wood{es}, or vnderwood{es}, in, or vpon the said p{re}misses, to the vnderstandinge of the this def{endan}t, as by the said deede

it doth & may more fullie appeare. To haue & to holde the said last recyted demised p{re}misses, (Except as before is excepted) vnto the said Iohn Bragge, his executo{r}s, administrator{s} & assign{s}, from the last day of September then next ensuing

vnto the end & terme of Eleven yeres, then next folowinge, yeldinge therfore yerelie threescore pound{es}, as by the said Compl{ainan}t in his said bill is alledged. And further this def{endan}t sayeth, that for the more playne explanac{i}on, of the intent of the

said p{ar}ties, (as he verelie taketh it), that the said tymber trees onlie excepted, should remaine vnto the said Tho{mas} Barfoote, Thomas Luther & Anthony Luther, the said Iohn Bragge, dyd by the said last recyted Indent{ure} Coven{au}nt & grant for him

his executors, administrato{r}s & assign{s}, to & w{i}th the said Thomas Barfoote, Tho{mas} Luther & Anthony Luther, there executors, administrators & assign{s}, that the said Iohn Bragge, his executo{r}s, administrato{r}s & assign{s}, should quietlie & peaceablie

from tyme to tyme, duringe the said last recyted terme of Eleven yeres, suffer & p{er}mitt, the said Thomas, Thomas and Anthony, there executo{r}s administrato{r}s & assign{s}, & eu{er}ye of theire laborers & workmen, to fell, Cleave, hew, cut, sawe & [[take]]

away in of & from the said three hundred & fowre score acres of ground, demised vnto the said Iohn Bragge, all & eu{er}ye the said tymber trees, & eu{er}ye p{ar}te & p{ar}cell thereof, at all & eu{er}ye tyme & tymes, duringe the said recyted terme of Eleven [[yeres]]

as by the said dede more plainelie doth & may appeare. And further the said Iohn Bragge did by the said Indent{ure} Coven{au}nt & grant, to & w{i}th the said Thomas Barfoote, Thomas Luther & Anthony Luther, there executors, administrators & ass[[ign{s}]]

That the said Iohn Bragge, his executo{r}s administrators & assign{s}, or the servant, or servant{es} of any of them should not at any tyme w{i}thout the speciall licence, consent & agrem{en}t of the said Tho{mas} Tho{mas} and Anthony, there executo{r}s administ[[rators]]

or assign{s}, first had in wrytinge, fell Cut, digge vp, or stubbe, any tymber trees, standinge, or growinge in & vpon the lase demised p{re}misses, nor any other tree, or trees, whereby the said Thomas, Thomas and Anthony, there executo{r}s ad[[ministrators]]

or assign{s}, may be any way dampnified, or indangered. In w{hi}ch said Indenture the said Thomas Barfoote, Thomas Luther & Anthony Luther, did likewise Coven{au}nt & grant for them, there executo{r}s & assign{s}. That it should & migh[[t ______]]

to & for the said Iohn Bragge, his executo{r}s & assign{s}, to haue & take yerelie from tyme to tyme, in & vpon the said p{re}misses demised to the said Iohn Bragge; as aforesaid, of thalowance w{hi}ch to them the said Thomas, Thomas & Iohn [[_____]]

there executors, administrato{r}s & assign{s}, was granted w{i}thin the said p{ar}ke, by the said originall Indent{u}r{e} made by the said Erle, of fireboote, hedgeboote, Cartboote ploughboote, gateboote Harroweboote, pale boote & rayleboote [[_____]]

vpon the same, somuch of the said fireboote, Cartboote, ploughboote, & Harroweboote, as shalbe necessary to be spent & occupied in & vpon the p{re}misses, and so much paleboote & rayleboote as shalbe nedefull for the amendinge of [[______]]

& ffences, against the said three hundred & fowrescore acres After w{hi}ch, The supposed bargaine & sale of the said wood{es} & vnderwood{es} vnto the said Complayn{au}nt (if there were any such) was made by the said Thomas Barefoote [[Thomas]]

Luther & Anthony Luther vnto the said Complayn{au}nt. After w{hi}ch, the said Iohn Bragge did assigne & set over all his estate & interest vnto this new def{endan}t And further this def{endan}t sayeth, that neyther before the tyme of the said a[[ssignm{en}t]]

made vnto him by the said Iohn Bragge, nor at the tyme of the said assignm{en}t made, nor longe after, this def{endan}t did knowe of any bargain, sale, alienac{i}on, assignm{en}t & settinge over, vnto Henry Iosselin mencioned i[[n _____]]

of the estate, terme, lease, & interest for yeres to come, w{hi}ch the said Thomas Barefoote, Thomas Luther & Anthony Luther, had, or of right ought to have in or to the said inclosed grounde, or parke, w{hi}ch they had by vertue [[of the]]

first recyted demise, made by the said Erle, as aforesaid, nor the said yerelie rent of threescore pound{es} reserved vpon the said lease by them made vnto the said Iohn Bragge; neyther did he eu{er} pay one, or any paym{en}te of the said [[______]]

Complayn{au}nt, as knowinge, assentinge, or agreeinge to the supposed assignem{en}t, made vpon trust to she said Henry Iosselyn, for & to the vse of the said Compleyn{au}nt, as by the said complayn{au}nt is vntrue[[lie ___]]

for the said Iohn Bragge hath affirmed before diu{er}se p{er}sons of good creditt, that he never knewe of any suche matter, but that he was willed by the said Thomas Barfoote in bill named, to attorne ten{au}nt to the said Compl{ainan}t, w{hi}ch he did according[[lie]]

as he hath crediblie enformed this defend{an}t. And this def{endan}t further sayeth that he hath payed vnto the said Complayn{au}nt, one yeres rent, and an half, beinge the som{m}e of fowrescore & ten pound{es}, takinge the said Complayn{au}nt to & [[for]]

his true & rightfull landlord in lawe. But after ^\\that// the same rent was demanded in the right of the said Henry Iosselyn, yt is true, that the said defend{an}t did refuse to pay the said rent, not knowinge how doublye & dangerouslye he [[might]]

be charged thereby. And therfore, for asmuch, as neyther this def{endan}t, nor the said Iohn Bragge, as this def{endan}t verelie beleueth did ever attorne, vnto any grant made vnto the said Henry Iosselyn, he hopeth, that he shall not a[[fter? the?]]

Corse of the Comon Lawe, be inforced to pay any more rent, vnto the said Complain{au}nt. The said Complayn{au}nt havinge diu{er}se wayes verye extremelie & iniuriouslie delt w{i}th him, as this def{endan}t wilbe ready to averre [[in this]]

most honorable Cort. Besides that, this def{endan}t further sayeth that the said lodge & three hundred, & fowre score acres of ground stande now extended vnto her Ma{ies}tie toward{es} the payment of the fyne, for the liu{er}ye of [[the Erle of]]

Oxford By force whereof, since the said extent, and duringe the contynuewance thereof, there is not any rent to be paied vnto any p{er}son, for, or vpon the said demise, made vnto the said Iohn Bragge, and as to the [[said]]

[[Ty]]mber trees, wood{es}, or vnderwood{es} in or vpon the demised p{re}misses, The said defend{an}t sayeth, that, as he verelie taketh it, he may lawfullie by force of the Coven{au}nt{es}, conteyned in the said originall lease, made by the said E[[arle _____]]

demise made vnto the said Iohn Bragge, and of the Coven{au}nt{es} of the said lease conteyned, take any wood, or vnderwood growinge vpon the p{re}misses demised vnto the said Iohn Bragge, as any ten{au}nt for terme of yeres may doe, and take all

suche benefitte & com{m}oditie of all such wood{es} & vnderwood{es} vpon the same, as the said Thomas Barefoote, Thomas Luther, & Anthony Luther at the tyme of the said demise made by them were possessed of (exceptinge the said tymber trees

then excepted) By force whereof, the said def{endan}t hath taken certeine wood & tymber, for his necessary vse imployed & to be imployed vpon the p{re}misses as lawfull was for him to doe, as he verelie taketh it, w{i}thout that, that the said [[Iohn]]

Bragge, did Coven{au}nt & grant to & w{i}th the said Thomas Barefoote, Thomas Luther, & Anthony Luther, there executors administrato{r}s & assign{s}, that the said Iohn Bragge, his executo{r}s, administrators & assign{s}, nor the s{er}vant, or

s{er}vant{es} of any of them, should not at any tyme, duringe the said terme of eleven yeres, w{i}thout the licence & consent, of the said Thomas, Thomas and Anthony, there executors, administrators, or assign{s} first had in wrytinge,

Cutt, dygge vp, or stubbe any tymber trees, or any other tree, or trees, standinge, or growinge in, or vpon, the said three hundred & fowrescore acres of land & pasture, in maner & forme, as by the said Compl{ain}t is vntruely [[surmised]]

And w{i}thout that that the said Thomas Barefoote, Thomas Luther & Anthony Luther, did bargaine, sell, alien, assigne & set over to the said Henry Iosselin in the bill named, his executo{r}s & assign{s}, to the knowledge of this [[def{endan}t, or]]

sell there estate, terme, lease & interest for yeres to come, w{hi}ch they had, or of right ought to haue, in, or to the said inclosed ground, or p{ar}ke, together w{i}th the said yerelie rent of threescore pound{es}, reserved vpon the s[[aid ____]]

made by them to the said Iohn Bragge, Or that the said Iohn Bragge beinge possessed of the said lodge, and three hundred & fowre score acres of land in the bill mencioned, paide to the Compl{ainan}t, to this def{endan}t{es} know[[ledge ___]]

the half yeares rent w{hi}ch was due, at the ffeast of St Michaell Tharchangell, next after the said grant, made to the said Henry Iosselyn, in the bill named, havinge certeine knowledge of the said grant [[or _______]]

made vnto the said Henry Iosselin, of trust & confidence, to the vse of the said Complayn{an}t, Or that the said Iohn Bragge, to the [sic] this def{endan}t{es} knowledge, knowinge the same; payde the said rent, to the said Compl{ainan}t [[____]]

[[con]]sentinge & agreinge, to the said assignm{en}t, made to the said Henry Iosselin, for & to the vse & behofe of the said Complayn{au}nt, as the said Compl{aynan}t hath vntrulie alledged, Or that this def{endan}t payde one payment of the [[_______ to]]

the said Complayn{au}nt, accordinge to the true intent & meanynge of the said grant, made vpon trust, as the said Complayn{au}nt in his said bill hath vntrulie alledged, otherwise then, as this def{endan}t hath before in [[____]]

alledged, and declared. And w{i}thout that the said d{efendan}t doth most violentlie, wrongfullie & vniustlie, contrarie to the Coven{au}nt{es}, agrem{en}t{es}, reservac{i}ons & exeptions, in the said dede of demise made to the said Iohn Bragge [[cut downe,]]

wast, destroye, sell & carry away, or causeth to be cut downe, wasted, destroyed, & caryed away any tymber trees, wood{es} & vnderwood{es} of the said Compl{ainan}t, standinge & growinge in & vpon the said three hundred [[and fower]]

score acres in the bill mencioned, otherwise, then as he taketh it, he may lawfullie doe. And w{i}thout that that he hath defaced and spoyled any orchard belonginge to the said lodge or the fruyte trees standinge &

growinge in the same, as the said Complayn{au}nt in his said bill hath vntrulie alledged. And w{i}thout that that the said def{endan}t & others by his p{ro}curement haue wilfullie interrupted & disturbed the Bargaynees of [[____]]

[[___]] Complayn{au}nt, in the takinge of there wood & tymber, or hath iniuriouslie taken, or caused to be taken away there said wood & tymber, or the most part thereof, as the said Complayn{au}nt in his said Bill hath m[[ost]]

vntrulie alledged, otherwise then, as this def{endan}t thinketh was & is lawfull for him to doe. And w{i}thout that any other matter or thinge in the said bill of Compl{ayn}t mencioned materiall, or effectuall to be

answered vnto And in this answere not sufficientile confessed & avoyded, denyed, or trau{er}sed ys true. All w{hi}ch matters this def{endan}t is readye to averre and prove, as this Honorable Cort shall award

And prayeth to be dismissed furth of this honorable Cort, w{i}th his reasonable Cost{es} & expenc{es} in this behalf wrongfullie susteyned

PRO C2/Eliz/H22/55/2

The Answere of Iohn Bragge the other def{endan}t to the Bill of Compl{ain}t of Roger Harlakenden esquire Compl{ainan}t

The said def{endan}t sayeth That the said bill of Compl{ain}t, exhibited against him in this most honorable Cort, is as he is informed by his lerned Counsell both vncerteine & insufficient in the lawe to be answered vnto, and devised and set furth, as he is vereley p{er}swaded rather of purpose to vexe & to molest him, then for any iust cause of Comply. The advantage of all w{hi}ch vncerteinty & insufficencye beinge at all tymes saved to this def{endan}t. The said def{endan}t answereth & sayth, That the said Compl{ainan}t hath in the names of the said Tho{mas} Barefoote & Anthony Lather the survivinge lessors of this def{endan}t brought an acc{i}on of dett against the def{endan}t in her Ma{ies}ties Cort of the Pleas before her highnes to be holden for the said rent of lxli, w{hi}ch acc{i}on there dependinge vndiscyded, this Compl{ainan}t hath brought this p{re}sent suyte, in her highnes Cort of the Chauncerye before yo{u}r lordshippe for the self same rent, wherevpon this def{endan}t demaundeth iudgm{en}t & prayeth to be dismissed, from this Honorable Corte, Neu{er}theles if he shalbe compelled to make further answere Then he for answere, vnto the materiall content{es} of the said bill for asmuch thereof as concernith himslef sayeth, That true yt is, That he this def{endan}t was possessed of the sid lodge and three hudred & fower score acres of land, by force of the said demise to him made by the said Tho{mas} Barefoote, Tho{mas} Luther, Anthony Luther, in man{er} & forme as by the said Complaynant in his said bill is aledged, but he sayth, That he beinge so thereof possessed did not knowe of any b{ar}gaine sale alienac{i}on, assignm{en}t & setting ou{er} vnto the said Henry Iossein mencioned in the said bill of the estate, terme, lease & interest for yeres to come, w{hi}ch the said Orato{u}r had, or of right ought to haue in or to the said inclosed ground or parke, w{hi}ch they had by vertue of the said first recyted demise, made by the said Earle as aforesaid, nor the said yerelie rent of threescore pound{es} reserved vpon the said Lease by them made vnto this def{endan}t Neyther did this def{endan}t eu{er} pay one or any paym{en}t of the said rent, to the said Compl{ainan}t, as knowinge, assentinge, & according To the supposed assignem{en}t made vpon trust to the said Henry Iosselin, for & to the vse of the said Compl{ainan}t as by the said Compl{ainan}t is vntrulie alledged. But this def{endan}t payde vnto the saide Compl{ainan}t, one yeres rent beinge the som{m}e of lxli takinge the said Complayn{au}nt to haue ben his true & rightful landlord in lawe, And after the said assignem{en}t so made to the said Rob{er}te Ive the other def{endan}t, he this def{endan}t assigned the said Rob{er}te Ive the other def{endan}t, to pay the said rent to the said Compl{ainan}t, w{hi}ch he did accordinglie, and the said Compl{ainan}t semed to accept him as his ten{au}nt But after that the same rent was demanded in the right of the said Henry Iosselin, the said Rob{er}te Ive the other def{endan}t refused to pay the said rent, as this def{endan}t hathe credibilie heard; And further this def{endan}t sayth that he never devised conspired & practised w{i}th the said Rob{er}t Ive the other def{endan}t, to defeate the said Compl{ainan}t of the said yerelie rent of xli, as by the said Compl{ainan}t is vntrulie alledged, for this def{endan}t sayth, that he hath assigned over all his interest vnto the said Rob{er}t Ive the other def{endan}t, as the said Compl{ainan}t hath alleged, and therfore as he this def{endan}t verelie thinketh, the said Compl{ainan}t doth vniustlie & w{i}thout cause vexe & molest this def{endan}t, w{i}thout that that this def{endan}t, hath devised conspired & practised w{i}th the said Rob{er}t Ive the other def{endan}t, to defeate the said Compl{ainan}te of the said yerelie rent of xli, as by the said Compl{ainan}t is vutrulie alledged. And w{i}thout that that any other matter or thinge in the said bill menc{i}oned materiall or effectuall to be answered vnto And in this answere not sufficientlie confessed & avoyded, denyed or trau{er}sed ys true, All w{hi}ch matters this def{endan}t is ready to averre & prove as this honorable Cort shall award, and prayth to be dismissed w{i}th his reeasonable Cost{es} in this behalf most wrongfullie susteyned

PRO C2/Eliz/H22/55/6

The Replicac{i}on of Roger Herlakinden Esquire Complayn{au}nt to the seu{er}all Awnesweres of Rob{er}te Ive and Iohn Bragge [the] d{efendan}t{es}

The said Complayn{au}nte mainteynethe his said Bill of Complaynte and all and eu{er}ie thinge therein alledged to be iuste true and sufficient in the Lawe and that the said Awnesweres of the said defend{an}t{es} are vniust vncertaine and insufficient in the Lawe to be awneswered vnto The advantages of all Excepc{i}ons to this Complain{au}nte at all times hereafter saved for Replicac{i}on saiethe and averrethe that at the time of the said demise made to the said Iohn Bragge one of the defend{an}t{es} of the said Lodge and Three Hundrethe and ffowerskore Acres of Land mencioned in the said Bill, the true meaninge of the said Thomas Barefoote Thomas Luther & Anthonie Luther mencioned in the said Bill, was, that the said Iohn Bragge or his Assignes, should not fell, digge vp, Cutte take awaie or haue anie timber tree or trees or anie other tree or trees whatsoeu{er} growing or being in or vpon the said Three Hundrethe and ffower skore Acres of Land demised to the said Iohn Bragge w{i}thout their Consent in wrytinge, And allso that they the said Thomas Barefoote Thomas Luther & Anthonie Luther their Executo{u}rs Administrato{u}rs & Assignes servaunt{es} and workemen or anie of them should haue at all times Libertie of free egresse and regresse into and out of the said demised Land for the felling Cutting and taking awaie aswell of the said timber trees as allso of anie other Tree or Trees whatsoeuer growing or being in or vpo{n} the said demise land as by the deed Inednted of the said Iohn Bragge bearing date the ffifteenthe daie of Iulie in the Six and Twentiethe yeare of the Raigne of our sou{er}aigne Ladie Queene Elizabeth more at large it doeth and maie appeare. And allso averrethe that the said Iohn Bragge one of the said defend{an}t{es} did vnderstand & verie well knowe of the said Assignem{en}t made vnto the said Henry Iosselin in the said Bill mencioned as well before the ^\\said// Assignem{en}t, as at the time of the said Assignem{en}t and that it was assigned to suche entent and purpose as in the said Bill is mencioned and so likewise did the said Roberte Ive the other defend{an}t at such time or immediatelie after that the said Iohn Bragge assigned all his terme and interest in the said Lodge and Land vnto the said Roberte Ive And that the said defend{an}t{es} did paie the said rent mencioned in the said Bill to the said Complayn{au}nte as knowing that the said Assignem{en}t was made to the said Henry Iosselin for and to such vse intent and purpose as in the said Bill is menc{i}oned. And allso auerrethe that the said Rob{er}te Ive hathe wasted Cutte downe lopped destroyed and Carryed awaie of and from the said Land or Caused so to be wasted Cutte downe lopped destroyed and Carryed awaie verie manie Timber Trees and other Trees and Wood standing and being vpo{n} the said demised Land And allso hathe spoiled and destroyed an Orchard thereto belonginge otherwise than in right or equitie he maie lawfullie doe and allso hathe vnlawfullie Interrupted and disturbed diuerse p{er}sonnes To whom the said Complayn{au}nte sould Timber trees and wood for the Carryinge awaiey of the same Contrarie to the Covenant{es} & agreem{en}t{es} mencioned in the said Indenture of demise to the very greate damage of the said Complayn{au}nte And allso averrethe that the said defend{an}t{es} haue and doe devise Conspire practise and goe about by all vnconscionable meanes to defeate the said Complayn{au}nte of the said yearelie rente of Threeskore poundes mencioned in the said Bill Without that the said defend{an}t{es} or anie of them maie lawfullie fell take haue or Carrie awaie of and from the said land demised to the said Iohn Bragge anie timber tree or trees or anie other tree or trees wood or wood{es} in such manner and forme as the said Roberte Ive in his awneswere hathe alledged or that the meaning of the said Thomas Barefoote Thomas Luther & Anthonie Luther or of anie of them was but onelie to excepte Timber Trees or that it mighte be lawfull for the said Iohn Bragge and his Assignes to fell haue [and] or take awaie anie of the said wood{es} or vnderwood{es} growing or being in or vpo{n} the said demised land but onelie for necessarie and Compitent Boots to be spent in and vpo{n} the said demised ^\\lodge &// Land as by a paire of Indentures of the said Demise ^\\bearing date the aforesaid xvth daie of Iulie in the said xxvjth yeare of her said Ma{ies}ties Raigne// made betweene the said Thomas Barefoote Thomas Luther and Anthonie Luther of the one p{ar}te, And the said Iohn Bragge of the other p{ar}te more plainelie it doeth and maie apppeare. And w{i}thout that that the said defend{an}t{es} are freed and discharged in Lawe and equitie from paym{en}t of the said yearelie rent mencioned in the said Bill by reason of anie Extent supposed to be had or executed vpo{n} the said Land for the debte of the said Earle as is mencioned in the said awneswere of the said Roberte Ive And w{i}thout that the said Roberte Ive hathe imployed or bestowed all or the most p{ar}te of the said Timber Trees and wood mencioned in the said Bill to be by him felled wasted and Carryed awaie vpo{n} the said demised land as in his said awneswere he alledgethe And w{i}thout that the said Complayn{au}nte doethe vniustlie or iniuriouslie anie waies vex or sue the said defend{an}t{es} or anie of them but alltogither vpo{n} very iust and good Causes as the said Complayn{au}nte is and wilbe at all times readie to prove And w{i}thout that that anie other matter or thinge materiall or effectuall in the said awnesweres to be replied vnto and not herein sufficientlie replied vnto Confessed or avoided trauersed or denyed is True All w{hi}ch matters this Complayn{au}nte is readie to auerre and prove as this honorable Courte shall awarde

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