Chancery Depositions (PRO C2ElizH.19/11 Roger Harlakenden v Derehawgh and Cockerell)

26.11.1597 (Saturday 26 November 1597)

document 15600327

to the right honourable Thos Egerton knight lord keeper of the great seal of England humbly complaining showeth unto your honour Roger Harlakenden of Earls Colne in the county of Essex esq lord of the manor of Earls Colne aforesaid that whereas there is an ancient common bridge leading over the river in the queens highway at Earls Colne aforesaid somewhat ruinous and decayed by reason whereof at the quarter sessions divers times holden within the said county it hath been given in charge and enquired who should or ought of right to repair or amend the said decayed bridge but the truth thereof indeed as yet doth not certainly appear yet nevertheless so it is that now of late one Edw Derehawgh of Markshall in the said county esq and one Thos Cockerell of Fordham in the said county gentleman by colour that one of the ancestors of the right honourable the earl of Oxford that now is whose estate your said orator now hath of and in the said manor of his frank and honourable disposition but especially for the ease and good of himself his friends and servants and not of right did long since once repair and amend the said now decayed bridge although not altogether at his own private costs and charges they the said Edw and Thos now duly examining the truth of the cause do very unjustly and untruly not only give out in speeches that your said orator or his inheritance in Earls Colne aforesaid is and by right ought to be wholly chargeable and charged with the repairing and amending of the said decayed bridge but also have contrary to the due course of law procured or caused divers untrue testimonials of aged and very simple persons to be made and published against your said orator in that behalf and also have gotten into their hands and possession divers writings books of accounts court rolls presentments and other evidences whereby most manifestly it appeareth that neither your said orator nor yet any of his lands and tenements aforesaid are chargeable or charged with the making or repairing of the said decayed bridge to the great damage and disinheritance of your said orator in consideration whereof to the intent the truth concerning the premises may the better appear and for that also divers witnesses that can testify concerning the premises be very aged and not able to travel and by their deaths the truth thereof may be obscured may it please your good lordship the premises considered to grant your said orator her majesties writ of subpoena to be directed to the said Edw Derehawgh and Thos Cockerell commanding them and either of them at a certain day therein to be limited personally to appear before your lordship in her majesties high court of chancery then and there to answer to the premises and also to grant unto your said orator her majesties w writ of commission out of the said court to be directed to divers persons by your lordship to be nominated authorizing them thereby to examine such witnesses as shall be produced in that behalf and that your said orator according to his bounden duty shall daily pray etc