Chancery Depositions (PRO C2ElizH.22/55 Roger Harlakenden v Jn Bragg and Robt Ive)
document 15400518
sworn before us
Edw Derehaugh
Jn Humpstead
and
Thos French
gents(inserted)
the answer of
Robt Ive
one of the defendants to the bill of complaint of
Roger Harlakenden
the defendant saith that the said bill of complaint exhibited against him in this most honourable court is as he is informed by his learned counsel both uncertain and insufficient in the law to be answered unto devised and set forth
persuaded rather of purpose to vex and to molest him with much expenses rather than any just cause of complaint the advantage of all which uncertainty and insufficiency being at all times saved to this defendant
the matter and contents of the said bill for as much therefore as concerneth himself he saith that the said earl about the time in the said bill mentioned did by indenture demise grant and farm let unto the said
Thos Barfoot
Thos Luther
and
Jn Collin
in the said bill named the said park or enclosed ground as in the said bill is alleged except and reserved unto the said earl and his heirs inheritable to the premises such so many of the woods underwoods
trees then growing in the said park as were not before bargained sold given or granted to certain persons by the same deed more at large it doth and may appear to have and to hold the said park and enclosed ground and
before excepted unto the said
Thos
Thos
and
Jn Collin
their executors administrators and assigns from the feast of the annunciation next for the yearly rent of 80li in manner and form and by the
bill is alleged in which said indenture the said earl as this defendant is credibly informed did covenant and grant to and with the said
Thos
Thos
and
Jn
their executors and assigns that it should and might be lawful to and for the
their executors and assigns during and for the said term to take for their necessary uses in and upon the premises sufficient fireboot hedgeboot and cartboot and ploughboot paleboot and railboot to be spent in and upon
not elsewhere by force whereof they the said
Thos
Thos
and
Jn
therein to entered and were thereof jointly possessed accordingly and that they being so thereof possessed the said
Jn Collin
did alien assign and set over
Antho Luther
as this defendant verily thinketh all his estate right interest term of years claim and demand of and in the said premises as in the said bill of complaint is also declared by force whereof the said
Antho
became possessed thereof accordingly and further this defendant saith that he thinketh it to be true that the said
Thos
Thos
and
Antho
being so possessed of the said premises and the said earl seised in fee or fee tail of the reversion of the premises the said earl about the time in the bill specified for and in consideration of a certain sum of money did bargain and sell to the said
Thos
Thos
and
Antho
all the woods underwoods and timber trees there standing or growing in or upon the said premises excepted always reserved out of the said park to the said earl and his heirs two hundred timber trees of oak five hundred pollingers of oak and fifteen hundred other trees of ash maple hazel lime elm and hornbeam and further this defendant thinketh that true it is that the said earl did about the time in the said bill specified bargain and sell to the said complainant the said enclosed ground or park and other the premises in the said bill mentioned as in the said bill is declared after which the said defendant saith that the said
Thos Barfoot
Thos Luther
and
Antho Luther
being possessed of the said park or enclosed ground of and in all the woods underwoods and timber trees before mentioned except before excepted did by their deed indented bearing date
15.7.26Eliz1
upon certain considerations demise grant and to farm let unto the said
Jn Bragg
one of the defendants all that
the Great Lodge
within the said park together with 380a of land and pasture parcel of the said park and lying and being within the pales or enclosures thereof and near adjoining to the said lodge excepting and reserving out of the said demise and grant all manner of timber trees standing and falling in and upon the said premises and that the wood and timber thereof coming together with the ingress and egress and regress into and out of the said premises and every part thereof unto the said
Thos
Thos
and
Antho
their executors and administrators and assigns and their workmen for the felling hewing breaking out sawing and cutting squaring and recarriage of every and any the said trees and timber and any part thereof without any further exception of any other woods or underwoods in or upon the said premises to the understanding of this defendant as by the said
it doth and may more fully appear to have and to hold the said last recited demised premises except as before is excepted unto the said
Jn Bragg
his executors administrators and assigns from
30.9.26Eliz1
unto the end and term of eleven years then next following yielding therefore yearly 60li as by the said complainant in his said bill is alleged and further this defendant saith that for the more plain explanation of the matter
the said profits as he verily taketh it that the said timber trees only excepted should remain unto the said
Thos Barfoot
Thos Luther
and
Antho Luther
the said
Jn Bragg
did by the said last recited indenture covenant and grant for him his executors administrators and assigns to and with the said
Thos Barfoot
Thos Luther
and
Antho Luther
their executors administrators and assigns for the said
Jn Bragg
his executors administrators and assigns should give
from time to time during the said last recited term of eleven years suffer and permit the said
Thos
Thos
and
Antho
their executors administrators and assigns and every of their labourers and workmen to fell cleave hew cut
away in of and from the said 380a of ground demised unto the said
Jn Bragg
and all and every the said timber trees and every part and parcel thereof and all and every time and times during the said recited term of years
by the said deed more plainly doth and may appear and further that the said
Jn Bragg
did by the said indenture covenant grant to and with the said
Thos Barfoot
Thos Luther
and
Antho Luther
their executors administrators and assigns
the said
Jn Bragg
his executors administrators and assigns or the servant or servants of any of them should not at any time and without the special licence and agreement of the said
Thos
Thos
and
Antho
their executors
or assigns first had in writing fell cut dig up or stub any timber trees standing or growing in or upon the last demised premises nor any other tree or trees whereby the said
Thos
Thos
and
Antho
their executors
or assigns may be any way damnified or endangered in which said indenture the said
Thos Barfoot
Thos Luther
and
Antho Luther
did likewise covenant and grant for them their executors and assigns that it should
their executors administrators and assigns was granted within the said park by the said original indenture made by the said earl of fireboot hedgeboot cartboot ploughboot harrowboot paleboot
upon the same so much of the said fireboot cartboot ploughboot and harrowboot as shall be necessary to be spent and occupied in and upon the premises and so much paleboot and railboot as shall be needful for the
against the said 380a after which the supposed bargain and sale of the said wood and underwood unto the said complainant if there were any such was made by the said
Thos Barfoot
Thos Luther
and
Antho Luther
to the said complainant after which the said
Jn Bragg
did assigns and set over all his estate and interest unto this now defendant and further this defendant saith that neither before the time of the
him by the said
Jn Bragg
nor at the time of the said assignment made nor long after this defendant did know of any bargain sale or alienation or assignment and setting over unto
Hen Josselin
mentioned in the said
estate term lease and interest of years to come which the said
Thos Barfoot
Thos Luther
and
Antho Luther
had or of right ought to have in or to the said enclosed ground or park which they had by virtue
demise made by the said earl as aforesaid nor the said yearly rent of 60li reserved upon the said lease by them made unto the said
Jn Bragg
neither did he ever pay one or any payment of any
knowing assenting or agreeing to the supposed assignment made on trust to the said
Hen Josselin
for and to the use of the said complainant neither did the said
Jn Bragg
to the knowledge of this
any payment of the said rent to the said complainant as knowing assenting or agreeing to the said supposed assignment made upon trust to the said
Hen Josselin
for and to the use of the said complainant as by the said complainant is
the said
Jn Bragg
hath affirmed before divers persons of good credit that he never knew of any such matter or that he was willed by the said
Thos Barfoot
in the bill named to attorn tenant to the said complainant which
readily informed this defendant and this defendant further saith that he hath paid unto the said complainant one year's rent and a half being the sum of 90li taking the said complainant
true and rightful landlord at law but after that the same rent was demanded in the right of the said
Hen Josselin
it is true that the said defendant did refuse to pay the said rent not knowing how doubly and
charged the
and therefore for as much as neither this defendant nor the said
Jn Bragg
as this defendant verily believeth did ever attourn unto any grant made unto the said
Hen Josselin
he hopeth that he shall
course of the common law be enforced to pay any more rent unto the said complainant the said complainant having divers ways very extremely and erroneously dealt with him as this defendant will be ready to aver
honourable court besides that this defendant further saith that the said lodge and 380a of ground stand now extended unto her majesty towards the payment of the fine for the
lord by force whereof since the said extent and during the continuance thereof there is not any rent to be paid unto any person for or upon the said demise made unto the said
Jn Bragg
and up to
made unto the said
Jn Bragg
and of the covenants in the said lease contained take any wood or underwood growing upon the premises demised to the said
Jn Bragg
was only tenant for term of years may
profits and commodity of all such wood and underwoods upon the same as the said
Thos Barfoot
Thos Luther
and
Antho Luther
at the time of the said demise made by them were possessed of excepting the
by force whereof the said defendant hath taken certain wood and timber for his necessary use employed and to be employed upon the premises as lawful was for him to do as he verily taketh it without that
Bragg
did covenant and grant to and with the said
Thos Barfoot
Thos Luther
and
Antho Luther
their executors and administrators and assigns the said
Jn Bragg
his executors etc
or any of them should not at any time during the said term of eleven years without the licence and consent of the said
Thos
Thos
and
Antho
their executors and assigns first had or
dig up stub any timber trees or any other tree or trees standing or growing in or upon the said 380a of land and pasture in manner as form as by the said complainant is untruly
without that the said
Thos Barfoot
Thos Luther
and
Antho Luther
did bargain sell alien and assign and set over to the said
Hen Josselin
in the bill named his executors and assigns to the knowledge of
their estate term lease and interest for years to come which they had or of right ought to have in or to the said enclosed ground or park together with the said yearly rent of 60li reserved upon the
by them to the said
Jn Bragg
or that the said
Jn Bragg
being possessed of the said lodge and 380a of land in the said bill mentioned paid to the complainant to this defendant's knowledge
half years rent which was due at the feast of michaelmas next after the grant made to the said
Hen Josselin
in the bill named having certain knowledge of the said grant
unto the said
Hen Josselin
of trust and confidence to the use of the said complainant or that the said
Jn Bragg
to this defendant's knowledge knowing the same paid the said rent to the said complainant
agreeing to the said assignment made to the said
Hen Josselin
for and to the use and behoof of the said complainant as the said complainant hath untruly alleged or that this defendant paid one
unto the said complainant according to the true intent and meaning of the said grant made upon trust as the said complainant in his said bill hath untruly alleged otherwise than as this defendant hath
and declared and without that the said defendant doth most violently wrongfully and unjustly contrary to the covenants agreements and reservations and exceptions in the said deed of demise made to the said
Jn Bragg
destroy sell and carry away or cause to be cut down wasted and carried away any timber trees wood underwoods of the said complainant's standing and growing in and upon the said 380a of land in the said bill mentioned otherwise than as he taketh it he may lawfully do and without that that he hath defaced and spoilt any orchard belonging to the said lodge and the fruit trees standing
in the same as the said complainant in his said bill hath untruly alleged and without that that the said defendant and others by his procurement hath willfully interrupted and disturbed the bargain
complainant in the taking of the wood and timber or hath erroneously taken or caused to be taken away their said wood and timber or the most part thereof as the said complainant in his said bill hath unjustly alleged otherwise than as this defendant thinketh was and is lawful for him to do and without that that any other matter or thing in the bill of complaint etc