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

(no date) (1588)

document 15500005

Hubert (inserted) the replication of Roger Harlakenden esq complainant to the several answers of Robt Ive and Jn Bragg defendants the said complainant maintaineth his said bill of complaint and all and everything therein alleged to be just true and sufficient in the law and that the said answers of the said defendants are unjust uncertain and insufficient in the law to be answered unto the advantages of the exceptions to this complainant at all times hereafter saved for replication saith and avereth that at the time of the said demise so made to the said Jn Bragg one of the defendants of the said lodge and 380a of land mentioned in the said bill the true meaning of the said Thos Barfoot Thos Luther and Antho Luther mentioned in the said bill was that the said Jn Bragg or his assigns should not fell dig up cut down or take away or have any timber tree or trees or any other tree or trees whatsoever growing or being in or upon the said 380a of land demised to the said Jn Bragg without their consent in writing and also that they the said Thos Barfoot Thos Luther and Antho Luther their executors administrators and assigns their workmen or any of them should have at all times liberty of free ingress and regress into and out of the said demised land and for the felling cutting and taking away as well as the said timber trees as also any other tree or trees whatsoever growing or being in or upon the said demised land as by the said deed indented of the said Jn Bragg bearing date 15.7.26Eliz1 more at large it doth and may appear and also avereth that the said Jn Bragg one of the defendants did understand and very well know of the said assignment made unto the said Hen Josselin in the said bill mentioned as well before the said assignment as at the time of the said assignment or immediately after or that it was assigned to such intent and purpose as in the bill mentioned and so likewise the said Robt Ive the other defendant at such time or immediately after that he the said Jn Bragg assigned all his term and interest in the said lodge and land unto the said Robt Ive and that the said defendant did pay the said rent mentioned in the bill to the said complainant as knowing that the said assignment was made to the said Hen Josselin for and to such use intent and purpose as in the said bill is mentioned and also avereth that the said Robt Ive hath wasted cut down lopped destroyed and carried away of and from the said land or caused to be wasted cut down etc very may timber trees and other trees and wood standing and being upon the said demised land and also hath spoiled and destroyed an orchard there belonging otherwise than in right or equity he may lawfully do and also hath unlawfully interrupted and disturbed divers persons to whom the said complainant sold timber trees and wood for carrying away the same contrary to the covenants and agreements mentioned in the said inventory of demise to the very great damage of the said complainant and also avereth that the said defendants hath and do devise conspire and practise and go about by all unconscionable means to defeat the said complainant of the said yearly rent of 60li mentioned in the said bill without that that the said defendants or any of them may lawfully fell or take have or carry away of and from the said lands demised to the said Jn Bragg any timber tree or trees or some other tree or trees wood or woods in such manner and form as the said Robt Ive in his answer hath alleged or that the meaning of the said Thos Barfoot Thos Luther and Antho Luther or any or them was that only to except timber trees or that it might be lawful for the said Jn Bragg and his assigns to fell have and take and carry away any of the said wood or underwoods growing or being in or upon the said demised land but only for necessary and competent boots to be spent in and upon the said demised land as by a pair of indentures of the said demise bearing date the aforesaid 15.7.26Eliz1 made between the said Thos Barfoot Thos Luther and Antho Luther of the one part and the said Jn Bragg of the other part more plainly it doth and may appear without that that the said defendants are freed and discharged in law and equity from payment of the said yearly rent mentioned in the said bill by reason of any extent supposed to be had or executed upon the said land for the debt of the said earl as is mentioned in the said answer of the said Robt Ive and without that the said Robt Ive hath employed bestowed all or the most part of the said timber trees and wood mentioned in the bill to be by him felled wasted and carried away from the said demised land as in his said answer he allegeth and without that the said complainant doth unjustly or erroneously anyways vex or sue the said defendants or any or them but altogether upon very just and good causes as the said complainant is and will be at all times ready to prove and without that that any other matter or thing material or effectual in the said answer to be replied unto etc Betterenham (inserted)