Oxon Comes vs. Roger Harlackenden and Richard Herlackenden; to redeem

PRO C2/Eliz/O3/32

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PRO summary: The scite of the late disolved monastery of Colne, the manor or lordship of Colne otherwise called The Lordship of Colne Priory, the inheritance of plaintiff, and by him conveyed to defendant, thereon to raise money, under his promise to re-convey.

NB: Summarized thus in

PRO C2/H23/26 (25 November 1597) Roger Harlakindon, esq. vs. Samuel Cockerell:

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

PRO C2/Eliz/O3/32/1-End (replication only survives)

The Replicac{i}on of Edwarde, Earle of Oxforde, Complaynaunte, to the iointe and seu{er}all answeres, of Roger Herlakenden, Esquier, & Richarde Herlakenden gent{leman} deff{endan}t{es} /

The said Earle, repliethe, and saythe, that his said bill of Complainte exhibited into this honorable Courte, is verie certeyne & sufficient in the Lawe to be answered vnto And doethe averre & maynteyne all & eu{er}ie matter & thinge in his said bill mencioned to be good & true, in such mann{er} & forme, as the same are in his said bill of Complainte trulie set furthe, & declared / And saythe further, that the said seu{er}all answeres of the said deff{endan}t{es} & eyther of them are verie vntrue, uncerteyne & insufficient in the Lawe to be replied vnto, the incertentye & insufficiencie wherof to the ^\\said// Earle at all tymes hereafter saued, he further repliethe & saythe, that he the same deff{endan}t Roger Herlakenden before the tyme of the bargaine & sale of the said mannor, priorie & other the land{es} & ten{emen}t{es} in the said bill of Complainte mencioned, to be bargayned by the said Earle to the same deff{endan}t because he wold take awaie all suspic{i}on of fraude & deceipte, one [=on] his p{ar}te to be mistrusted by the said Earle in passinge the said bargaine, and therby the rather p{er}swade the said Earle, to conclude the said bargaine w{i}th hime, did then p{ro}mise the said Earle that if he wold passe vnto hime the said deff{endan}t the said mannor, priorie, & other the p{re}misses which the said Earle intended to sell at the said rate of twentie yeres purchase, that he the said deff{endan}t wold at anie tyme, at the pleasure of the said Earle, reassure the said manner priorie & other the p{re}misses, back againe to the said Earle, for the same som{m}e of money that he the same deff{endan}t shold paye to the said Earle for the said mannor, Priorie, and other the p{re}misses so intended by the said Earle to be solde, vppon which p{ro}testac{i}on the said Earle did the rather giue credyte to the said deff{endan}t and was therby the rather drawen to passe vnto the said deff{endan}t the said mannor, priorie and other the land{es}, & p{re}misses, in forme aforesaid intended to be solde by the said Earle, w{i}thout anie further examinac{i}on of the value therof, And thervppon passed the assuraunce of the said manno{ur} & priorye, & other the land{es} & ten{emen}t{es} in the said Indenture menc{i}oned, in mann{er} & forme as is before in the said bill of Complaynte verie trulye set furthe and declared, w{i}thout that ^\\that// the said offices in the said bill and answere menc{i}oned, were offered vnto the said deff{endan}t Roger Herlakenden by some from the said Earle w{i}thout anie sute or request made by the same deff{endan}t. And w{i}thout that ^\\that// the said deff{endan}t had Conference w{i}th diu{er}s p{er}sones, occupiers of the p{re}misses, or of anie p{ar}te therof, or w{i}th anie others, touchinge the true meaninge of the said Earle, for the said sale of the said Land{es}, or did make the true purchase of the said Earle, touchinge the said sale, to be knowen vnto the same occupiers Or that the same deff{endan}t indevored hymself to advaunce the price of the premisses, to the best of his skill, for the benifyte & p{ro}fytte of the said Earle Or that the same deff{endan}t vppon anie obiecc{i}on made by the said tenaunt{es}, & occupiers of the p{re}misses, answered them, that the reu{er}c{i}on & remainder of the p{re}misses shold be p{rese}ntlie purchased and obteyned from the Queenes ma{ies}tye. Or that the same deff{endan}t gaue anie other satisfacc{i}on to the said tenaunt{es} & occupiers vppon the said obiecc{i}ons, or gaue anie adu{er}tisement to the said Earle of anie such obiecc{i}ons or doubt{es} as in the said first answere is verie vntrulie alleadged, ffor the same deff{endan}t Contrarywiese & contrarie to the especiall trust & confidence reposed in hime by the said Earle, did not onlie not further the sale of the premisses intended to be sold by the said Earle, nor informe such p{er}sonnes as were willinge to buy the p{re}misses of the true value and cleere tytle therof, but also by all deceiptfull and fraudulente meanes practized to hinder the sale of the p{re}misses, to others to the intente, therby to drawe the bargaine therof to hymself at an vnder value, And also to the intente therby Covertlie, and by Coler of som{m}e gen{er}all word{es}, to be incerted [=inserted] in the Indenture of bargaine and sale of the p{re}misses, to contrive ^\\& convey// vnto hymself, an estate in other land{es}, which never were intended or ment by the said Earle to be bargayned to the said deff{endan}t Roger Herlakenden. And w{i}thout that ^\\that// the said Stubbinge, in the said answeres named, did about one yere before he purchased the said p{ar}sonage of Wickham in the Countie of Cambridge of the said Earle, paye vnto the said Earle for one lease therof, at the yerelie rente of sixe pound{es}, one hundred pound{es}. Or that the said Earle was paied to hymself, and others for the premisses solde by the said Earle to the said deff{endan}t [[Roger]] Herlakenden ### the som{m}e of nine hundred pound{es} or therabout{es} as in the said answere is verie vntrulie alleadged. And w{i}thout that ^\\that// ther is issuinge out of the p{re}misses, m[[...]] to be solde by the said Earle, [and] or wherw{i}th the same premisses are charged the ^\\yerely// som{m}e of twentye & nine pound{es}, by anie such rate or p{ro}porc{i}on as in the said former answere is vntrulie alleadg[[ed]] And wheras yt ys alleadged in the said answere, that the said Land{es} menc{i}oned in the said answere were chargeable w{i}th the som{m}e of two hundred pound{es}, or therabout{es}, accordinge to the p{ro}porc{i}on in the said answere menc{i}oned The said Earle saythe, that the said Land{es} are not chargeable, w{i}th that p{ro}porc{i}on, and thoughe they were, yet is the same noe answere to the said Earle for that the same or the greatest p{ar}te therof, hath beene levied vppon the tenaunt{es} & farmers, of diu{er}s of the same premisses and not paid by the said deff{endan}t{es}. And w{i}thout that ^\\that// the said premisses wer[[e]] in lease, for such longe termes of yeres, as in the said answere is verie vntrulie alleadged. And w{i}thout that ^\\that// the said deff{endan}t Roger Herlakenden did offer to buye of the said Earle, all the Land{es}, ten{emen}t{es} & hereditament{es}, menc{i}oned in the said Indenture of bargaine and sale, Or that he vppon such pretence, as in the said seconde answere is alleadged, or vppon anie other purpose but onlye to defraude & deceaue the said Earle, did vse the meanes of the said ffelton, in the said seconde answere menc{i}oned, Or gaue vnto ^\\hime// the said ffelton, anie such small som{m}e of monye onlie as in the said seconde answere is verie vntrulie surmised, and w{i}thout that ^\\that// the som{m}e paid by the said deff{endan}t Roger Herlakenden to the said Earle, for the purchase of the p{re}misses amounted to the value of fortie yeres purchase, or that yt maie so appeare, by the Counter p{ar}t{es} of leases formerlye made, by the said Earle, Or that all the p{ar}cels menc{i}oned in the Conveiaunce to the said Richarde Herlakenden, the other deff{endan}t were intended or ment, to be sold to the said deff{endan}t Roger Herlakenden, or that the said defend{an}t Roger Herlakenden can be ignorante that the said gen{er}all word{es} in the said Conveia{u}nce doe conteyne more Land{es} and ten{emen}t{es} then were trulye ment to be bargayned & sold by the said Earle to the same deff{endan}t as in the said seconde answere is verie vntrulie alleadged / And w{i}thout that ^\\that// anie other matter or thinge in the said seu{er}all answers or eyther of them ^\\menc{i}oned materiall or effectuall to be replied vnto// And in this replicac{i}on not sufficientlie replied vnto Confessed and avoided trau{er}sed or demed is true, All which matter and thing{es} the said Earle is reddye to aver and p{ro}ue as this honorable Court shall awarde, and prayethe as before in his sayd bill he hath prayed /

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