Oxford vs. Roger Harlakenden & Richard Harlakenden

PRO C78/104, mbs 27-8 (Item 17)

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Referenced L&I, vol. 254

LM: Decret' int{er} Comitem Oxon et Harlakenden & Herlakenden

Where the right honorable Edward Earle of Oxon heretofore did exhibite his bill of Complaint into this most high Courte of Chauncery against Roger Harlakenden and Richard Harlakenden The said Earle by his said bill declaringe that the said Roger Harlakenden being farmor to the said Erle of diverse land{es} belonging to the said Earle in Earles Colne in the County of Essex made meanes to serve the said Earle and to be his officer of Surveyor of the honors mannors lordshipp{es} land{es} tenement{es} and hereditament{es} of the said Earle, and receiver of his rent{es} yssues and p{ro}fitt{es} And that vppon the faithfull p{ro}mise of the said Harlakenden to deale iustly and truely with the said Earle he the said Earle graunted vnto him a patent of the offic{es} of Surveior and Receivershipp And that shortly after the Erle being mynded to selle the mannors of Colne Priory Barwickhall Inglethorps and Balingdon with the Milnes called Chalkeney milne and Colneford milne the p{er}sonag{es} of Eales [for Earles] Colne, Whitecolne Belchamp Bentley and Messing a farme or tenement called Playstowe two tenement{es} or fermes lyinge in Siblehenninghame and Castle Hennyngham and certen porc{i}ons of tythes lyng in Siblehenningham Stansted Mountfitchet, Maplested Aldham Egthorp Reding and Bewars in the County of Essex the p{er}sonage of Wickham in the County of Cambridge And diverse porc{i}ons of tithes in Lavenham and Aldham in the County of Suff' All w{hi}ch p{re}miss{es} were parcell of the possessions of the late disolved Monastery or Priory of Colne in the County of Essex And that there vppon the said Earle conferring with the said Harlakenden required him to survey the p{re}miss{es} and to examyne the true value thereof and to deale with the Copyholders and severall terretenant{es} of the p{re}miss{es} for the purchasing of the land{es} in their occupac{i}ons and to sell the said Mannors and land{es} to the beste value and gave his warrant vnder his hand and seale, declaring further that the said Harlakenden contrary to the truste in him reposed not offering the same to the copyholders and tenaunt{es} according to his Com{m}ission, but giving out speeches to discredit the Compl{ainan}t{es} tytle enformed the Earl that the copyholders and tenant{es} would not purchase the land{es} in their possessions. And there vppon offered to buy for himself the scite of the monastery of Earles Colne the mannor of Colne Pryory the p{er}sonage of Colne Priory being of the onely yerely value as he alleadged of xxxvli by yere for w{hi}ch he offered xx yeres purchase affirming the same to be the full value. And that the said Harlakenden doubting the Earle would make further enquiry of the value corupted one of the said Earles servant{es} with a bribe of CCli to concurr with him in the reporte of the value, and to p{er}swade the Earle of the honesty and duetyfull service of the said Harlakenden And that the said Earle being there by abused assented to passe the said scite mannor & p{er}sonage to the said Harlakenden at the rate of xx yeres purchase. W{hi}ch according to Harlakendens accompte amounteth to seaven hundred pound{es}, w{hi}ch the said Harlakenden answered in reckoning{es} and accompt{es} and that to cover his practize caused the assurance to be drawne and passed to the said Richard Harlakenden his sonne declaring further, that the said scite mannor and p{er}sonage are of the yerely value of CCCCli and in lease for fewe yeres for lxli, and worth to be sould thre thowsand pound{es} And that the said Roger Harlakenden havinge intered into the Couuen{au}nte generall woord{es} whereby ther ys passed the mannor of Barwickhall Inglethorps and Balingdon the milnes called Chalkeney milne and Colneford milne the p{er}sonage of White Colne the p{er}sonage{es} of Belchamp Bentley and Messing the ferme called Plaistowe in Halsted the said two fermes in Siblehennihgh{a}m and Castle Henningh{a}m the p{er}sonage of Wickham in the County of Cambridg and diverse porc{i}ons of tythes in the Countyes of Essex Cambridge and Suff of the yerely value of CCCCli by yere W{hi}ch were never meant to be conveyed. And then the said Harlakenden afterward{es} compounding with other p{er}sons for diverse other p{ar}ticular part{es} of the land{es} not meant to be assured affirming the same to be of smalle value caused the Earle to sell diverse of them vnder the value with bond{es} for enioying of them and warrantyes greately to the Earles p{re}iudice and losse being formerly assured to the said Richard Harlakenden And therein prayed relief, as by the said bill remayning of record in this most honorable Courte more at large doth and may appeare. Vnto w{hi}ch bill the said defend{an}t{es} making their Ioynte and severall answere the said Rog{er} Harlakenden by his severall answere confessed that he had a patent from the Earle of the surveyorship and receivership, And that afterward{es} a warrant was graunted vnto him for the sale of the p{re}miss{es} And that thereuppon he had conference with some baylif{es} or fermors thereof and with others w{hi}ch was the manner of his survey and that he measured not the same but made the sales knowne to diverse and sought to advance the price And that obecc{i}on was made that the land{es} were chardged with a tenth of lxvjli p{er} annu{m} the reverc{i}on being in her Ma{ies}tie w{hi}ch afterward{es} was purchased from the queene, And that the defend{an}t ofered to buy to himself the monastery and mannor and p{er}sonage and certen penc{i}ons and porc{i}ons of tythes in the bill menc{i}oned and all other thing{es} menc{i}oned in the Indenture of bargine and sale to the said Richard his sonne and the p{er}sonage of Wickham in the County of Cambridg for one Stubbing And that he being sick and not able to travayle to the Earle having paid beforehand CCCli dubting [=doubting] least he might be p{re}uented, vsed the travayle of one ffelton seruant to the Earle, and did give him xxli for his paynes, And that he paid for the land conveyed to his sonne aboute nyne hundred pound{es} the land being then chardgable with greate som{m}es of money for arrerage due to her Ma{ies}tie for the tenthes And that all thing{es} contayned in the Indenture of sale to his sonne were ment to be soulde, And that he knewe not that the generall word{es} contayne any thing w{hi}ch was not truely meante to be sould, And the said Richard Harlakenden for himself by his answere declaring that the said Roger his father, caused the land{es} w{hi}ch he bought of the Earle to be passed in the name of the said Richard p{ar}tly because his father had a lease for yeres of the same or some parte thereof and partly for other good considerac{i}ons that the Earle levyed a fyne and suffered a recovery thereof for his further assurance And that since the said Richard hath conveyed the land{es} to himself and the heyers males of his body on the body || of Margaret his wief begotten the remainder to the heires males of his body the remaynder to Thomas his brother and the heires males of his body with severall remainders over as by the said severall answers likewise remayne of recorde in this Courte more at lardge doth and may apeare Where vnto the said Earle replying averred, that before the said bargaine the said Roger Harlakenden p{ro}mised the Earle that if he would pass the land{es} to him at xx yeres purchase he would vppon repayement of the mony reassuer the land{es} to the Earle And that there vppon the said defend{an}t reioyning the partyes grue to a full and p{er}fect yssue And witnesses being examyned there vppon betwene the said partys Publicac{i}on thereof was by order of this Courte graunted And a day for the hering ordering and adiudging of the said cause in question betwene the said p{ar}tyes was afterward{es} by this Court appointed At w{hi}ch day the partys by their Councell{es} learned on both sides in open Courte appearing for asmuch as vppon hereing of the matter, for and towching c{er}ten land{es} tenement{es} and tythes w{hi}ch the Plaintif by his bill seketh to have the defend{an}t{es} to reassuee in respect that the defend{an}t{es} have by generall word{es} in a conveyance made vnto him the said Richard Harlakenden gotten the same land{es} tenement{es} and tythes contrary to the true meaning of the said Pl{ainan}t And also for and towching the reassurance or recompence w{hi}ch the Pl{ainan}t demaundeth by his said bill and replicac{i}on In respect the said Roger Harlakenden being servant vnto the said Pl{ainan}t in the offices of surveyor of his land{es} and receiver of his rent{es} And being put in truste by specyall Com{m}issyon to sell certen land{es} being the land{es} in questyon for the Plaintif p{ro}cured the same to be conveyed to the said Richard Harlakenden his sonne for a lesser value by a greate deale then the said land{es} were worth Confederating with ffelton and Drawator two of the Pl{ainan}t{es} servant{es} to p{er}swade the Pl{ainan}t that the land{es} were noe more worth then the said defend{an}t offered and p{ro}mised to reassure the same vppon repayement of the mony w{hi}ch he should pay for the same as was alleadged on the parte of the said Compl{ainan}t It appeared vnto this Courte vppon the reading of the said Indenture of purchase w{hi}ch passed from the Pl{ainan}t to the said Richard Harlakenden that the said Paintiff having an intent to passe and sell to the said Richard Harlakenden but onely the scite and demeanses of the monastery of Earle Colne the mannor of Colne Pryory and the Personage of Colney Priory, yet as the same Indenture ys drawne and made videl{ice}t by the generall word{es} of all land{es} belonging to the same Pryory within and withoute the scite thereof there are diverse land{es} to the value of CCCCli by yere w{hi}ch the said Pl{ainan}t did afterward{es} sell or convey vnto other p{er}sons are conveyed vnto the said Richard Harlakenden contrary to the entente and meaning of the said Pl{ainan}t w{hi}ch Indenture soe drawne by the meanes of the said Roger Harlakenden to his said sonne this Courte were of opynion was contrived naughtyly and fradulently albit [=albeit] the said defend{an}t{es} doe nowe offer to make reconve{a}unce thereof to those p{er}sons to whome the same have bene since conveyed by the Pl{ainan}t, or w{hi}ch have since bought the same of the Pl{ainan}t. It is therefor this p{re}sent terme of St Hilary that ys to say on Satterday the tenth daye of ffebruary in the one and fortith yere of the raigne of our soveraigne lady Elizabeth by the grace of God of England ffrance and Ireland queene defendor of the faith &c [=10 February 1599] By the right honorable Sir Thomas Egerton Knight Lord Keper of the greate Seale of England and the Courte of Chauncery ordered adiudged and decreed that the said defend{an}t{es} shall reconvey all the said land{es} to the same p{er}sons accordingly discharged of all incumbranc{es} done by them or either of them And as towching the ferme of Plaistoe w{hi}ch the defend{an}t{es} p{re}tende to be p{ar}cell of the demeanes of the Mannor of Colne Priory And towching the tithe of the seaven townes videl{ice}t of the towne of Siblehenningh{a}m Stansted Maplested Aldham and Bewers in the County of Essex, Lavenham and Aldham in the Countye of Suff' w{hi}ch the defend{an}t Roger Harlakenden then p{re}sent in Courte being Interrogated by the Lorde Keeper, whether the same tithes were parcel or belonging to the said Rectory or not affirmed that he knewe nott whether the same tythes were parcell of the same rectory or p{er}sonage or not therefor and forasmuch alsoe as the said defend{an}t{es} have not nowe made any proofe either that the said farme of Plaistowe ys parcell of the demeasnes of the said Mannor of Colne Pryory or that the tythes of the said seaven townes are parcell of the said rectory of Colne Priory as they seemed to p{re}tende and yet by generall word{es} in their conveyaunce the same are passed vnto them It ys therefor likewise by the said lord keeper and Courte of Chauncery ordered adiudged and decreed that the said Pl{ainan}t his heires and assignes shall and may from henceforth have hold and quietly enioy the said ferme of Plaistoe and the tithe of the said seaven townes without let or int{er}upc{i}on of the defend{an}t{es} or either of them or any clayming from by or vnder them or either of them or by their or either of their meanes or p{ro}curement vntell they shall shewe and proove in this Courte better matter to the contrary. And as towching the reassurance or recompence w{hi}ch the Pl{ainan}t demaundeth in respect of the p{ro}mise of the said Roger Harlakenden and for that he was by the deceipte and fraude of the said Roger Harlakenden and the confedracy aforesaid with ffelton and Drawater, as he supposeth drawne to sell and convey the said land{es} to his the said Roger his sonne at a lesse value by a greate deale then the same land{es} were worth This Courte think{es} not fitt nowe to p{ro}ceede to the hereing and ordering of that pointe But doth order that either of the said p{ar}tyes shall make true brevyat{es} towching their proofes of that pointe, as alsoe towching the p{ro}mise of reassurance made by the defend{an}t Roger to the Pl{ainan}t as he supposeth and that either parte shall se [=see] the breefes of the other to thend that noething shalbe incerted therein but that w{hi}ch ys true as yt stand{es} prooved in Courte And then the same breef{es} shalbe delyvered to the lord Keep{er} who wilbe pleased to have the opynion of some of the lord chief Iustic{es} howe farforth this Courte may give relief to the Pl{ainan}t towching his said demaunde

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