Chancery Depositions (PRO C3/273/36 Rich and Thos Harlakenden v Simon Ive and Jn Aylmer)

22.5.1603# (Sunday 22 May 1603)

document 15800284

(very badly torn partly illegible) (complainants) Rich and Thos Harlakenden son of the late Roger Harlakenden of Earls Colne deceased whereas Roger did heretofore honourable Jn earl of Oxford being seised either in fee or feetail of one parcel ground commonly called and known by name held by Colne Priory or Colne House lying and being in the parish of Earls Colne and Gaines Colne did devise the parcel to one Hen Pullen of Earls Colne for twenty one years to have from the said Hen Pullen being then possessed according to the earl of Oxford died of his estate as well the said manor who of of the said manor and close descended to Edw late earl of Oxford son and heir of Jn by virtue thereof the said Edw earl of Oxford was indenture bearing date 12.2.19Eliz1 did devise to one Rich Kelton late of Earls Colne gentleman courts yards houses barns stables and buildings thereto belonging with all the tithe corn belonging to the parsonage of Earls Colne and also all the at any time belonging and appertaining to the said late Priory all which then near and by the space of three years past had been taken and used occupied or by the said michaelmas.last past rendering yearly rent of 13li6s8d and that by force thereof the said Rich entered so being possessed hereof as also in all and singular other afore recited demised premises about 21Eliz1 Kelton wife of the said Rich Kelton took letters of administration of the archbishop of Canterbury then by reason of his prerogative of all the courts and the said Hen Pullen then entered said parcel of ground called Chiffin and by virtue thereof was possessed as well of the parcel of ground Chiffin as also of the 22Eliz1 took to husband Roger Harlakenden the then complainant by force whereof he Roger Harlakenden became seised of the afore recited properties and so being possessed 15.11.26Eliz1 of all the parcel of ground Chyffin as also the before recited demised premises for twenty one years to begin at michaelmas (torn) rent =li6s8d in which last said recited lease the earl covenanted and granted with Roger Harlakenden his executors and assigns (torn) from all persons lawfully claiming any right of interest to the same whereof Roger Harlakenden was possessed and so being possessed by his great late (torn) called Greater Chyffin into a hop garden after which viz 20.7.29Eliz1 on very good consideration (torn) into a hop garden Wm Stammer of Earls Colne yeoman to have and to hold for a term of years (torn) last recited lease to Roger Harlakenden did promise covenant and grant the said Wm Stammer his executors etc that he Wm Stammer (torn) and quietly occupy have and enjoy the 8a of hop ground for ten years without any trouble or eviction of any person or persons (torn) and agreements comprised in the lease made to Stammer by virtue thereof Stammer entered and was possessed and he (torn) one that after the last recited lease made by Wm Stammer viz 8.11.29Eliz1 (torn) Harlakenden as virtue of estate servant to the late earl viz Edw earl of Oxford deceased being then a chief and principal officer to the said earl concerning the precept (torn) then reposed great trust and confidence for the faithful and honest execution of the said office contrary to the duty of the faithful and just officer unduly procured and obtained to himself by deed indented from the said earl the     Great Chyffin containing 12a for twenty one years from michaelmas.last being then in lease to him seen and informing the said earl then his master that the said 12a called Chyffin was not then in lease to any person for that it was very unlikely the said earl had as well of the demesne lands belonging to the manor called Colne Priory as all that he had covenanted with Roger Harlakenden for the quiet and peaceful enjoying of would not then have made the said lease be fore the sighting of the said parcel of ground to the said Nich Bleake after which lease so unduly procured and obtained the said would enter and have the said parcel of ground called Chyffin and put out the farmer of the said Roger Harlakenden for that he Bleake had lease Roger Harlakenden and likewise the lease made by the earl of the site of the Priory upon Roger Harlakenden minding to avoid as well all suits and occasions of controversies as also all ambiguities and doubts which might lease made by the earl to Roger Harlakenden became suitor by means that the earl for he obtaining the said Bleake the sum of 20li if he would surrender and yield up his lease before mentioned earl as aforesaid of 14li for and new lease for twenty one years as well of the said 12a called Chyffin as also of other the demised premises unto and others were privy and further by the bill showed that the earl with Bleake and other the earls officers were then contentedly also to accept of his office and so did and that thereupon the earl required Bleake to surrender him lease which in semblance and outward show he seemed contented to of the 12a as though he had surrendered the same in deed and took the sum of 20li of Roger Harlakenden to his own use in consideration that he should thereof as aforesaid to cover his covenant and fraudulent purpose and to cause Roger Harlakenden the less to suspect his unjust and unconscionable dealings being then the earl's officer indenture of demised to him Bleake made by the earl of the 12a of land as of though the same had been indeed and bona fide before surrendered and determined pounds of said Roger Harlakenden to the use of the earl in consideration of the new lease by the earl to Roger Harlakenden according to his sur# (torn) other the demised premises that thereupon the earl by his sufficient deed indented bearing date 2.1.31Eliz1 called Chyffin by special name as also other the recited demised premises to Roger Harlakenden for twenty one years to have from the feast of rent of 14li by force whereof Roger Harlakenden was possessed accordingly Roger Harlakenden by his bill of complaint further showed that further deeds of his confederates and favourites minding nothing else but fraud coven subtlety and not unconscionable dealings towards Roger Harlakenden with the desire to have him fully and bond which he entered into the said for the quiet and peaceable enjoying of the hop ground as before is mentioned likewise to see him vexed encumbered more than that time had ere befallen him being very many by the indirect means or unconscionable procurement behaviour and covenous and fraudulent practises as well of the said namely Simon Ive Jn Aylmer Thos Bridge Jn Scott Bennet Watson of Earls Colne which had conspired confederated and combined themselves together (torn) did as would more plainly appear to the said Bleake sundry and oftentimes since then the last recited lease made to Roger Harlakenden by the earl (torn) that he had not in truth surrendered the lease of the 12a called Chyffin to him made by the earl neither could he then surrender the same albeit in outward (torn) his term title and interest thereof to the said Simon Ive and Jn Aylmer before the proposed surrender and the delivery of the indenture of demise to Roger Harlakenden (torn) the interest thereof remain and bide with Simon Ive and Jn Aylmer who by the action of common law should recover the same and so did and put out the 12a called Chyffin to the effecting hereof as Roger Harlakenden had been informed as well Bleake as all other his confederates and (torn) the covenous and indirect course in the bill of complaint mentioned viz that Scott Bridge and Watson should enter upon the hopground to the (torn) their action of eviction firm against them and that they should thereupon appear by attorney and that after appearance they should coven and fraud confess the (torn) more secretly and speedily he had and obtained against them whereby Harlakenden's farmer of the hopground should by judgement in the law be evicted out of the same and be (torn) as he has been informed Ive and Aylmer had then before the exhibiting of the bill of complaint commenced in the late majesty's court of kings bench the covenous (torn) ground called Chyffin for it was commonly reported that Ive and Aylmer or one of them did come to the said Scott Bridge and Watson or some of them offering (torn) hopground called Chyffin but if they would appear without serving of the said process upon them he would spare the arresting of them and save them the years (torn) but the same was a thing meanly done by the covenous consents and fraudulent practise as well Aylmer as of all other his confederates and one of them procured as attorney to appear in the king's bench for Bridge Scott and Watson they nor any making any (torn) against them and for as much as Roger Harlakenden and not ordinary remedy by the court of common law or statutes of the realm against (torn) of his lease of the 12a called Chyffin to Simon Ive and Jn Aylmer being in privy to the fraud could not directly prove he said by any witnesses nor yet against the said Bridge Scott and Watson for their convenous unconscionable and (torn) danger to break and forfeit his covenant and bond and to be sued for the same at the common law by reason their said covenous and fraudulent in consideration of all these premises humbly desire the late queen's majesty's writ of injunction to be directed as well to Simon Ive (torn) commanding them and every of them no further proceeding in the action of suit at common law and also writ of Scott and Watson commanding them personally to appear in this court of chancery at a certain date (torn) etc to which bill of complaint the said Nich Bleake (torn) oaths to which answer Roger Harlakenden did reply and afterwards the parties grew to commission and witnesses were examined (torn) the most honourable court ready to be published is by the bill of complaint answered commission and deposition remaining of (torn) that before the late Roger Harlakenden died having before in his lifetime made his last will and testament (torn) dead and the said Simon Ive and Jn Aylmer who were parties to the said secret and fraudulent grant of the lease (torn) and the said suit concerneth him the said orator in such nature manner and form as the same did concern Roger Harlakenden my father (torn) to him said Roger Harlakenden may it therefore please your most honourable lordship grant the said bill answer replication (torn) orator may be allowed to proceed therein in such sort and in the same degree as Roger Harlakenden might have done if he were yet alive (torn) directed to Simon Ive and Jn Aylmer directing them at certain day under pain (torn) to appear and answer charges