Roger Harlakinden, esq. vs. Samuel Cockerell; to recover plaintiff's title deeds and court rolls.

PRO C2/Eliz/H23/26 (25 November 1597)

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PRO summary: The manors of Earles Colne and Colne Priory, late the estate of John de Veer Earl of Oxford, deceased, and by him sold and conveyed to plaintiff.

NB: Transcription given line-for-line by reason of extensive damage to text on the right-hand side of both sheets.

NB: "this defend{aun}t hath hard saie That the said nowe Erle & the said Complayn{au}nte are in suitt about the same <...> of them & that the said nowe Erle layeth to the charge of the said Complayn{au}nte sinister practyses (being officer or put in trust by the said Erle for the sale th{er}of) ..." (see PRO C2/Eliz/O3/32)

PRO C2/Eliz/H23/26/1 (complaint)

xxv die Novembris 1597

To the right honorable S{i}r Thom{a}s Egerton Knighte Lord Keeper of the greate Seale of England

In most humble wise complayninge sheweth vnto yo{ur} good Lo{rdsh}ippe yo{ur} dailie Orato{ur} Roger Harlakinden of Earles Colne in the County of Essex Esquire that whereas the late right honorable Iohn de Veer Earl of Oxenford deceased was s[[eised in his demeasne as of]]

ffee of & in the Mano{ur}s of Earles Colne & Colne Priorie scituate & beinge in the saide Countie of Essex, to w{hi}ch Mano{ur}s there are diuerse ten{au}nt{es} w{hi}ch doe holde aswell by free deede as by Copie of Courte Rolles and likewise to eache of the s[[aide ...]]

and time whereof memorie of man doeth not runne to the Contrary there have been belonginge a Courte Leete or a viewe of ffranck Pledge, And he the saide Earle of Oxonford of the Mano{ur}s aforesaid m[[...]]

did either by his deede or otherwise Constitute & appointe Iohn Churche gentleman deceassed to be the Stewarde of the saide Leetes and of the Courtes of the said Mano{ur}s By force whe[[reof ... the said Iohn Church did]]

of longe time Continue and remaine Stewarde and did execute the Office of the Stewardeshippe of the saide seuerall Co{ur}t{es} and by reason thereof did receive the verdict{es} of the seu{er}all [[...]]

entries and the Rolles of the same Courtes And did allso duringe his saide Office & Stewardeshippe gette into his owne handes and possession diu{er}se other Courte Rolls Rentalles E[[xtent{es} Bookes of surveighe, Ch{art}res ]]

wrytinges & Evidences for & concerninge the said Mano{ur}s and Courtes And he the said Iohn Churche beinge Stewarde of the saide Mano{ur}s & Courtes one Iohn Cockerell did [[... the said Iohn]]

Churche and after the saide Iohn Churche died After whose deathe the saide Iohn Cockerell was appointed or deputed by the said Earle of Oxenforde or by the honorabl[[e Edward de Veer nowe Earl of Oxenford]]

stewarde of the saide seuerall Courtes, who did exercise the said Office / of longe time togither as therevnto appointed or deputed in maner & forme as aforesaid [[...]]

did likewise gette into his handes & possession aswell the saide Courte Rolles Rentalles Extent{es} Bookes of surveighe, Ch{art}res writinges & Evidences w{hi}ch before had happe[[...]]

his father in lawe as allso diuerse other Courte Rolls Rentalles Extent{es} Bookes of surveighe, Ch{art}res Extent{es} Bookes of surveighe, Ch{art}res wrytinges & Evidences for & concerninge the said Mano{ur}s and Courtes All w{hi}ch [[...]]

writinges & Evidences are nowe come & happened vnto the handes & possesson of Samuell Cockerell sonne & heire of the saide Iohn Cockerell And the saide Edwarde Earle of O[[xenford or ...]]

his saide ffather he the saide Edwarde Earle of Oxenford did for diuerse greate somes of monie paide vnto him by the said Roger Harlakinden bargen sell assure & Conveigh [[...]]

all & singler the Ch{art}res writinges Evidences Courte rolles rentalls Terro{ur}s bookes of surveighe Extent{es} Escript{es} & Mynym{en}t{es} to the said Mano{ur} and Court{es} or anie of them bel[[onginge ...]]

the saide Mano{ur}s or Court{es} or anie of them vnto the saide Roger Harlakinden his heires or assignes to the onelie vse of the saide Roger Harlakinden his heires & assignes for ever [[...]]

said Mano{ur}s & Leetes & of either of them is seised in his demeasne as of ffee Since w{hi}ch Conveyaunce & Assuraunce so made of the said Mano{ur}s vnto the saide Roger Harlak[[indon`yo{ur} saide Orato{ur} hath demanded]]

and earnestlie required & entreated the saide Samuell Cockerell to deliver vnto him the said Courte rolles and other the Evidences aforesaide and the papers of the verd[[ict ... the said]]

Samuell hath and yet doth not onely vtterlie denie to doe but allso he the saide Samuell Cockerell hath p{ar}telie vpon an avaricious mynde for the gettinge & obteyni[[nge ...]]

saide Roger Harlakenden reuealed & disclosed to diu{er}se p{er}sons Copieholders and freeholders of yo{ur} saide Orato{ur}s ten{au}nt{es} of the saide Mano{ur}s and others manie thinges conteyned [[in the saide Ch{ar}res wrytinges & Evidences Courte rolles rentalls]]

Terro{ur}s bookes of surveighe Extent{es} Escript{es} & Mynym{en}t{es} and in the saide papers of verdict{es} and Entries And hath deliu{er}ed vnto sundrye p{er}sons Copies & Extratc{es} wri[[tings ... whereof]]

Controu{er}sies & debates have growen & risen and are likelie more & more dailie to arise & growe vnto yo{ur} said Orato{ur} to the impugninge & w{i}thstandinge of the iust Clai[[m ...]]

and disinheritaunce and against all right & equitie Consideringe y{a}t the saide Iohn Church & Iohn Cockerell weare deputed stewardes vnto the keepinge of the said Cour[[ts ]]

and evidences aforesaid and w{hi}ch have happened vnto the handes of the said Samuel Cockerell by the reason & vpo{n} the occasions before alledged Maie it therefore [[please your Lo{rdsh}ippe ...]]

and for y{a}t yo{ur} Lo{rdsh}ippes said Orato{ur} knoweth not the certen dates of the said Ch{art}res wrytinges Courte rolles Rentalles Terro{ur}s bookes of surveighe Extent{es} Escript{es} & [[Mynym{en}t{es} ...]]

in anie box or Chist locked or sealed or vnlocked or vnsealed Whereby yo{ur} Lo{rdsh}ippes saide Orator hath or maie have anie remedie by due Course of the Com{m}on [[Lawe ...]]

her Ma{ies}t{ies} most gratious writte of Subpena to be directed ag{ains}t the said Samuell Cockerell Commaundinge him thereby at a certen daie & vnder a certen p[[aine ... to appear]]

before yo{ur} good Lo{rdsh}ippe in hir Ma{ies}t{ies} highe Courte of Chauncery then & there to ^\\answeare to// the premisses and to abide such further order ^\\&// directio{n} therin as to yo{ur} go[[od Lo{rdsh}ippe ...]]

And yo{ur} said Orato{ur} accordinge to his bounden dutie shall dalie praie to Allmightie god to Continue yo{ur} good Lo{rdsh}ippe in Longe Liffe & much happin[[esse]]

PRO C2/Eliz/H23/26/2 (answer)

24 January 1597 [=1598]

Thaunswer of Samuel Cockerell defend{an}t vnto the bill of Complainte of Roger Harlakinden Esquier Complayn{au}nte

The said defend{an}t sayeth That the said Byll of Complainte is vnc{er}teine, & insufficient in the lawe & most of the Matters therein conteined vntrue, & sett forth onlie (as this defend{an}t verylie thincketh) to put this defend{aun}t to suites & troubles

w{hi}ch this defend{aun}t from his cradle was allwaies desirous to avoide w{i}thout anie iust cause or matter moving the said Complayn{au}nte th{er}vnto But this defend{aun}t thinketh he is caryed in splene against this defend{aun}t for that this defend{aun}t hath bene a

meane to hinder the p{ro}cedinge of the said Complayn{au}nte against the Cuntrie of Essex for the charge of making of a gret stone bredge in Earles Colne, w{hi}ch by great likeliehoods & apparaunt semblaunces semes should be made by the said Complayn{au}nte

as he standeth reputed Lord of the Mannor of Colne Pryorie in Erles Colne aforesaid vnto w{hi}ch Bill of Complainte (though this defend{aun}t thinketh he ought not to be compelled to aunswer yet neu{er}theles yf this defend{aun}t shalbe Compelled by this

honorable Court to make aunswer th{er}vnto (saving to himself all excepc{i}ons vnto the said bill of Complainte & advantages th{er}vpon) For aunswer (so farre as his owne knowledge extendeth) he sayeth: That he thinketh yt true T[[hat the said]]

Right honorable Iohn de Veer Erle of Oxenford dec{eased} in his lyffe time was seased in his demeasne as of ffee of the Mannors of Erles Colne & Colne Pryorie in the Countie of Essex, And that there are diu{er}se Ten{a}t{es} [[...]]

Copieholders of the same Mannors and that there doe belonge to eche of the said Mannors a Court lete or a view of ffranck pledge, And that the said Erle being so seazed dyd eyther by his dede or oth{er}wise constitute [[the said Iohn Church]]

grandfather vnto this defend{aun}t steward of the same, & that the said Iohn Churche by force th{er}of did execute thoffice of the stewardship & did receiue the verdict{es} of diu{er}se homages of the said court{es} & did make the e[[...]]

same & deliu{er}ed them vp vnto thofficers of the said Erle as in his dutie he was bound to doe & that Iohn Cockerell gent{leman} this defend{aun}t{es} ffath{er} did marrie w{i}th the daughter of the said Iohn Church, but this defe[[nd{aun}t sayeth that]]

Iohn Church grandfath{er} to this defend{aun}t (to this defend{aun}t{es} knowledge) during his said office did not gett into his handes anie oth{er} courtrowles rentall{es} extent{es}, bookes of survey & other charters wryting{es} & evide[[nces ...]]

Mannors & Court{es}, & w{i}thout that that after the death of the said Iohn Church the said Iohn Cockerell was appointed steward by the said Erle or the honorable Edward nowe Earle of Oxenfo[[rd ...]]

& did exercise thoffice of the stewardship & by reason th{er}of did gett into his handes & possession aswell the said courtrowles, rentall{es} extent{es} bookes of surveys ch{art}res, wryting{es} & evidences w{hi}ch before h[[...]]

of the said Iohn Church his father in lawe, as also diu{er}se oth{er} courtrowles rentall{es} extent{es} bookes of survey, ch{art}res wryting{es} & evidences ^\\for &// conc{er}ning the said Mannors & Courtes to this defend{aun}t{es} knowledge And w[[ithout that that ...]]

extent{es} bookes of survey, ch{art}res wrytinges & evidences to this defend{aun}t{es} knowledge are nowe come & happened into thandes & possession of this defend{aun}t as sonne & heir of the said Iohn Cockerell his ffather dec[[eased ...]]

him in his bill of Complainte hath iniuriouslie surmysed. And as vnto the discent of the said Mannors from the said late Erle of Oxenford to the Right honorable Edward de Veer nowe Erle of Oxenford & [[...]]

Mannors & Court{es} w{i}th thapp{ur}ten{au}nc{es} & all & singuler the Ch{art}res wryting{es} evidences courtrowles terrors bokes of survey escript{es} & mynim{en}t{es} to the same belonging or w{hi}ch touche or concerne the same Manners or [[Court{es} ... the]]

said Erle vnto the said Complayn{au}nte for diu{er}se great sommes of Monie paied by the said Complayn{au}nte, this defend{aun}t hath hard saie That the said nowe Erle & the said Complayn{au}nte are in suitt about the same [[...]]

of them & that the said nowe Erle layeth to the charge of the said Complayn{au}nte sinister practyses (being officer or put in trust by the said Erle for the sale th{er}of) for the Compassing & getting into his hand[[s ... farre more]]

monie by a greate deale then the same are worth or mought then haue bene sold for, And this defend{aun}t hath bene warned by some of the nowe Erles officers (as he taketh them) not to deliu{er} anie thing th[[..]]

towching the said Mannors & court{es} or some of them (yf there be anie such in this defend{aun}t{es} custodie or possession) till a tryall be made of the same suite, w{i}thout that that the said defend{aun}t to his remembr{an}ce v[[...]]

did ever deme to deliu{er} vnto the said Complayn{au}nte the said Courtrowles & other the evidences aforesaid, but hath & yet is so farre from the deniall thereof (yf ^\\he// hath anie w{hi}ch the said Complayn{au}nte ought to haue) as he [[...]]

that he had escrowes & papers of certein courtrowles of the said Mannors & court{es} made ingrossed & deliu{er}ed (as he thinketh) in his grandfathers time or some time since to thofficers of the said late Erle or m[[... ^]] \\which he hath alwaies taken to be left to posteritie for their further [[... // ...]]

have Copies of them to serue his turne yf the Ingrossed rowles deliu{er}ed were lost or could not be come by & hath bene so readie to pleasure him th{er}in, as vpon the sending of One (blank) Cobbe (as this defen[[d{aun}t remembreth) to]]

the said Complayn{au}nte w{i}th a l{ett}re from the said complayn{au}nte to desire that he might haue a view of such papers, as the defend{aun}t had that he might haue Copies of such as he wanted, he the said defend{aun}t hath suff[[icient ...]]

what the said defend{aun}t had, & to conferre w{i}th them such as the Complayn{au}nte his M{aste}r had or wanted w{i}th offer vnto him that yf th{er} were anie (shewinge him some of the late sou{er}aigne Ladie Quene Maries t[[ime ...]]

& Quene Maries time likewyse in p{ar}chem{en}t (as this defend{aun}t thinketh) of this defend{aun}t{es} fath{er}s hand w{hi}ch he the said Cobbe then said his M{aste}r alreadie had) w{hi}ch his M{aste}r had not nor wanted) that he should haue them, [[...]]

w{i}th such notes as he browght Returning vnto his M{aste}r & sheweing what he had sene (as this defend{aun}t thincketh) the said Cobb sent vnto this defend{aun}t his l{ett}re what his M{aste}r the Complayn{au}nte speciallie desired to hau[[e ...]]

the said Complayn{au}nte did receiue them & gaue vnto this defend{aun}t a ffrench crowne for his paines w{i}thout that that the said defend{aun}t hath to this defend{aun}t{es} remembr{an}ce p{ar}tlie vpon an avaricous minde fo[[r ...]]

vpon his evell disposicon towardes the said Complayn{au}nte hath revealed & dysclosed to diu{er}se p{er}sons copieholders & freholders of the same & to others manie thing{es} cont{ained} in the said Courtrowles rentall{es} escript{es} & [[... or]]

hath deliu{er}ed vnto sundrie p{er}sons copies & extreact{es} written & taken out of them wh{er}by suites controu{er}sies & debates haue growne & rysen & are likelie to growe & Ryse vnto the said Complayn{au}nte ^\\to the impugning of the iust claimes & Tytles of the said Complayn{au}nte// (Other then such notte[[s ...]]

such rowles as haue (as this defend{aun}t verilie thincketh) bene ingrossed or deliu{er}ed vp to thofficers of the said late Erle or nowe Erle in the time of the said Iohn Church this defend{aun}t{es} grandfath{er} or since w{hi}ch m[[...]]

of Essex) for the freeing of it of such charge as the said compl{aynau}nte would (as it is thought) put vpon yt for the said stone bredge as also for the Indifferent Iustice & equitie betwene him the said Complayn{au}nte & some of [[... and without that that]]

the said Complayn{au}nte is reported to deale hardlie [w{i}th] in his ^\\daylie// vexac{i}ons & troubles, And w{i}thout that that enie oth{er} matter or thing in the said bill conteined or herein not confessed avoyded, aunswered or trau{er}sed [[...]]

vnto All w{hi}ch this defend{aun}t is readie to averre, And th{er}fore prayeth to be dismissed w{i}th his reasonable cost{es} & charges.

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