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Chancery Depositions (PRO C2ElizH.22/55 Roger Harlakenden v Jn Bragg and Robt Ive)

4.5.1588 (Saturday 4 May 1588)

document 15400198

Huberd (inserted) to the honourable Xoph Hatton knight lord chancellor of England in most humblewise complaining showeth unto your lordship your daily orator Roger Harlakenden of Stepney in the county of Middx esq that whereas the right honourable Edw now earl of Oxford was lawfully (right hand side of sheet torn) or enclosed ground commonly called or known by the name of Colne Park with appurtenances and of one piece of meadow late parcel of the said park lying and being in Earls Colne in the county of Essex in his demesne as of fee and so being thereof seised he (torn) 25.12.17Eliz1 upon divers good considerations him thereunto moving did demise grant and to farm let unto Thos Barfoot of Lamborne (torn) gentleman Thos Luther of Stapleford Tawney and Jn Collin of High Laven in the said county yeomen the said park or enclosed ground and meadow with their appurtenances except referred to the said earl and his heirs such and so many of the (torn) trees there growing in the said park as were not before bargained and sold given and granted to certain persons as by the same deed more at large it doth and may appear to have and to hold the said park or enclosed ground and meadow and all other (torn) unto the said Thos Barfoot Thos Luther and Jn Collin their executors administrators and assigns from the feast of the annunciation then next following unto the end and term of twenty one years fully to be complete and ended yielding therefore yearly unto the said earl his heirs and assigns 80li of lawful money of England at the feast of michaelmas and the annunciation by even portions as by (torn) more plainly appears by force whereof the said Thos Thos and Jn thereunto entered and were thereof jointly possessed accordingly and they being so jointly possessed thereof the said Jn Collin by his sufficient deed bearing date 28.=.17Eliz1 for divers good causes and considerations him moving did grant alien assign and set over unto one Antho Luther of the Middle Temple gentleman all his estate right interest and term of years claim and demand (torn) together with his title and interest of and in the said recited deed of demise in as large and ample manner and form as he the said Jn Collin then had or ought to have in the same by virtue of the said recited deed of demise by force whereof the said (torn) possessed accordingly and the said Thos Barfoot Thos Luther and Antho Luther being so possessed of the premises as before mentioned and the said earl seised in fee of the reversion of the said premises the said earl (torn) sufficient deed bearing date 28.5.24Eliz1 for and in consideration of a certain sum of money did bargain and sell to the said Thos Thos and Antho their executors administrators and assigns (torn) timber and trees whatsoever there standing growing and being in or upon the said enclosed ground or park commonly called Colne Park then late disparked or in or upon any of the grounds then late park or part or parcel of the said park or around or in or upon the said (torn) the said park being then severed or enclosed from the same and in and upon all and every part of the premises or in or upon the banks and hedges ditches or enclosures of them or every of them except always reserved out of the said bargain to the said earl two hundred timber trees of oak bearing tops five hundred pollingers of oak and fifteen hundred other trees of ash maple hazel lyne elm or hornbeam as in and by the said last recited indenture more particularly and at (torn) and further the said earl by his said last recited deed did then covenant and grant for him his heirs executors and assigns to and with the said Thos Thos and Antho and every of them their and every of their executors administrators and assigns (torn) for them and every of them to have take use and enjoy during the term of fourteen years then next ensuing the said woods underwoods timber trees so bargained and sold with free liberties easements and commodities for the felling sawing converting in (torn) away of the said woods underwoods timber and trees as it doth and may plainly appear by the said last recited deed and the said earl then being seised in fee as well of the said reversion of the said park or enclosed ground (torn) the appurtenances as also of the said two hundred timber trees of oak bearing tops five hundred pollingers of oak and fifteen hundred other trees excepted by the said earl as before is recited by his sufficient deed (torn) to the statute in this behalf pretended bearing date 17.11.26Eliz1 and by other sufficient conveyance and assurance in the law for and in consideration of a certain sum (torn) the said earl by your lordship's said orator did bargain sell give and grant unto your said orator and to his heirs all that the enclosed ground or park then late disparked commonly called Colne Park with the appurtenances and all houses edifices (torn) set lying or being in or upon the same to have and to hold all the last recited premises to your said orator his heirs and assigns forever by force whereof your lordship's said orator was and in seised of the reversion of the premises (torn) and the said Thos Barfoot Thos Luther and Antho Luther being possessed of the said park or enclosed ground and in other the premises as before is mentioned the said Thos Thos and Antho by their sufficient (torn) =.6.26Eliz1 upon certain conditions did demise grant and to farm let unto one Jn Bragg of Earls Col ne aforesaid yeoman all that the said Great Lodge (torn) 380a of land and pasture parcel of the said park and lying and being within the pales and enclosures thereof near adjoining to the said lodge excepting all manner of timber trees standing and fallen (torn) premises with liberty of free ingress egress and regress into and out of the same unto the said Thos Barfoot Thos Luther and Antho Luther their executors administrators and assigns and their workman for the (torn) said trees and timber with divers others and more liberties of free ingress and regress into and out of the same for and about the using and employing of the said trees and timber as by the said deed it doth and may more fully (torn) to hold the said last recited demised premises except as before excepted unto the said Jn Bragg and his executors administrators and assigns from 30.9.26Eliz1 unto the (torn) following yielding and paying therefore yearly unto the said Thos Barfoot Thos Luther and Antho Luther their executors administrators and assigns during the said last recited term the sum of 60li (torn) England at the feast of the annunciation and michaelmas or within thirty days next after either of the said feasts by equal portions and the said Jn Bragg by the said (torn) for him his heirs executors administrators and assigns to and with the said Thos Barfoot Thos Luther and Antho Luther their executors administrators and assigns and the said Jn Bragg his executors administrators and (torn) suffer the said Thos Thos and Antho their executors administrators and assigns and every of their labourers and workmen to have liberty of egress and regress into and out of the said last demised premises for the cutting using and carrying (torn) manner and form as is lastly before mentioned and also that he the said Jn Bragg his executors administrators and assigns nor the servant or servants of any of them should not at any time during the said term last (torn) the said Thos Thos and Antho their executors administrators or assigns first had in writing fell cut dig up stub up any timber trees or any other tree or trees standing or growing in or upon (torn) he the said Jn Bragg entered into the said last mentioned demised premises and was thereof possessed accordingly and he so being thereof possessed and the said Thos Barfoot Thos Luther and Antho (torn) of such and so many of those woods underwoods and timber trees by virtue and force of the said bargain and sale made of the same by the said earl as before is mentioned they the said Thos Barfoot Thos Luther (torn) sufficient deed bearing date 29.8.26Eliz1 for a certain sum of money to them paid by your lordship's said orator did bargain and sell grant (torn) underwoods and timber trees by them bought as before mentioned unto your lordship's said orator with the like liberty of egress and regress for the cutting carrying and using of the same as they themselves (torn) was and is possessed thereof accordingly after which time your lordship's said orator having an intention to procure unto himself from the said Thos Barfoot Thos Luther a nd Antho Luther all the remnants of their terms (torn) together with the reversion or yearly rent of 60li of in or out of the said enclosed grounds or park with appurtenances before mentioned which they were then possessed of and fearing that by taking their estate (torn) the premises the rents by them reserved upon the same would be determined in law your lordship's then orator standing seised of the inheritance thereof your said orator procured one Hen Josselin of W==== (torn) esq brother in law while he lived to your said orator to give his friendly assent to the taking of the same in his name upon consideration and trust to the use of your said orator to the intent that such rents no way (torn) Thos Luther and Antho Luther their executors or assigns by reason of any former under lease had by them of parcel of their said term first mentioned and recited should not be extinguished or diminished (torn) Thos Luther and Antho Luther being possessed of the said reversion or remnant of the said term of years together with the said yearly rent of 60li to them reserved upon the said recited lease made (torn) lodge with the 380a of land before mentioned with their appurtenances part of the said park or enclosed ground before recited by their deed indented bearing date 26.8.=Eliz1 for and in consideration of a certain sum of money to them paid did bargain sell alien and assigns and set over unto the said Hen Josselin his executors and assigns all their estate term (torn) to come which they had or of right ought to have in or to the said enclosed ground or park commonly called Colne Park and every part or parcel thereof which they then had by virtue of the said first recited demise together with the said yearly rent of 60li reserved upon the said lease by them made unto the said Jn Bragg as by the said recited indenture it doth and may more plainly appear and the said (torn) of the said recited lodge and 380a of land before mentioned by force of the demise by him made in manner and form as before mentioned paid to your lordship's said orator the half yearly rent which was due (torn) michaelmas next after the said grant and assignment made to the said Hen Josselin at the time of which said payment the said Jn Bragg as your said orator is credibly informed had certain (torn) made unto the said Hen Josselin and that the said assignment was but of trust and confidence to the use of your said orator as before is mentioned and therefore the said Jn Bragg knowing the same (torn) and agreeing to the said assignment made to the said Hen Josselin for the use and behoof of your lordship's said orator since which said payment the said Jn Bragg hath granted and assigned over all his term for (torn) of land with appurtenances before mentioned unto one Robt Ive of Earls Colne aforesaid yeoman by force whereof he entered and was and is thereof possessed accordingly and paid one payment of the said rent to your (torn) intent and meaning of the said grant made upon trust as is aforesaid but since the said payment the said Jn Bragg and Robt Ive have most fraudulently and subtly and upon malice without any just cause (torn) devised and conspired and practised between themselves utterly to defeat your lordship's said orator of the said yearly rent of 60li granted to the said Hen Josselin of trust and confidence to the use of your said orator as (torn) but by the strict course of the common law neither your said orator nor the executors of the said Hen Josselin shall or may by any means recover the said yearly rent of 60li and (torn) Bragg and Robt Ive have and from time to time do give out in common speeches to divers persons that they the said Jn Bragg and Robt Ive nor either of them did at such time as they paid their said rents (torn) and every of them most lewdly and deceitfully and contrary to all equity and good conscience for the space of these two years last past have at all times and yet do refuse to pay the said rent to your said orator or (torn) Josselin although they have been from time to time most friendly required to pay the same and the said Robt Ive not yet satisfied or contented with this his malicious injurious and unconscionable dealing (torn) lodge and 380a of land before recited hath and still doth most violently wrongfully and unjustly contrary to all equity and conscience and contrary to the covenants and agreements reservations and (torn) said Jn Bragg cut down waste destroy and sell and carry away or cause to be cut down wasted destroyed and carried away not only the said timber trees woods and underwoods (torn) the said 380a demised unto the said Jn Bragg as before recited and now in the possession of the said Robt Ive but also hath utterly defaced and spoiled the orchard (torn) and growing in the same to the great loss and hindrance and disinherison of your lordship's said orator and further whereas your lordship's said orator since the said Robt Ive hath to the possession of the (torn) divers sums of money did bargain and sell at divers times unto divers persons a great part of the timber trees wood and underwoods then growing standing and being in and upon part of the said lands (tear covers nearly half the sheet) timber and wood by divers obligations in divers great sums of money viz the sum of 500li or thereabouts that the said bargain (torn) the said timber and wood and of his said 380a of land so by them bought of your lordship's said orator the said Robt Ive and others by his (torn) the said wood and timber so as they could not nor yet can have and take away the said wood and timber (torn) take or causeth to be taken away the said wood and timber of the most part thereof and converteth the same to his own use (torn) in danger to be sued at the common law for the forfeiture of them to the great hindrance and impoverishment of your lordship's said orator (torn) lordship's said orator hath no witnesses alive that can testify the payment of the said rents upon the said park so made (torn) the truth touching the premises so as the circumstances considered your lordship's said orator being altogether (torn) good lordship the premises considered grant unto your orator queen majesties writ of subpoena to be directed etc (torn)