Chancery Depositions (PRO C11/12 Hen Chauncey v Rich Harlakenden)

24.6.1613 (Thursday 24 June 1613)

document 16000904

answer of Rich Harlakenden gentleman to the bill of complaint of Hen Chauncey gentleman complainant he says that in the summer last was six years the complainant came to the defendant's house in Earls Colne in Essex and fell into treaty and communication with him for the hiring of a certain messuage called the Little Lodge and certain lands thereunto belonging parcel of the disparked park Colne Park and a meadow Kimborne in Earls Colne whereupon they growing to an agreement upon rent and covenant for the same a draft for a lease was made and delivered to the complainant to consider and be advised on which draft was afterwards returned to the defendant by the complainant and thereupon the lease was engrossed sealed and delivered between the defendant and Margt his wife on the one part and the complainant on the other part absolutely without any such promise or condition as at the sealing thereof as in the bill is alleged from which lease was reserved to the defendant and Margt his wife and heirs and assigns the yearly rent of 115li payable yearly during the term of the lease at annunciation and michaelmas by even portions with a clause for reentry for nonpayment of the rent within eighteen days next after every of the feasts and the complainant did also in and by the indenture of lease covenant and grant for him his executors and assigns to and with the defendant and his heirs and assigns amongst other covenants and agreements that the complainant or his assigns should within two years next after his or their entry upon the messuage and lands enclose 2r for an orchard to the messuage and should set plant and graft the same with stocks and grists of good apples pears wardens plums and such other fruit and the same so set planted and gristed should keep maintain and preserve and in the end of the term of the same should leave and yield unto the defendant and whereas the complainant had of the defendant at his entry onto the farm about 50a of land well su mmer fallowed and ready to be sown without paying anything for the same the complainant did by the indenture did also covenant to leave to the defendant in the end and expiration of the term all the arable land in three fields parcel of the demised premises well and orderly summer fallowed and tilled ready to be sown with wheat and other grain as by the counterpane of the indenture ready to be shown to this court whereunto the defendant for more certainty refers himself and the complainant entered into the messuage and lands according to the tenor and purport of the indenture and the defendant further says that during the time of the treaty and speech about the hiring of the messuage and lands by the defendant to the complainant there grew also speech and communication between them about the price of certain wheat barley and other grain upon some parcels of the land to be demised to the complainant for which corn price was agreed on between them for a certain sum of money in gross but how much in certainty he remembers not with the bargain being so agreed on and aforesaid the complainant gave the defendant security to pay him his money for the corn on certain days then to come which sums of money for the corn the complainant did afterwards pay to the defendant the great part thereof being paid at least eight months after the bargain made for the same and he says that to his knowledge or remembrance he did never promise the complainant to abate 20s in every acre that should want of 120a upon measuring thereof as in the bill for the defendant says that during the term of eight months before the complainant paid all his money for the corn the complainant never called the defendant to the measuring of the lands nor ever caused the ground to be measured to the defendant's knowledge neither did the complainant ever ask any such allowance for any acres that did want for the space of two years after the bargain made for the corn to the knowledge or remembrance of this defendant and also says that the complainant being possessed of the messuage and lands by force and virtue of the lease did quietly enjoy the same for a spac e of two and a half years in all which time notwithstanding he had a great bargain of the corn bought of the defendant and also a great crop of corn the next year after yet after the first half year he never paid his rent at the days according to the reservation of the lease by means whereof the defendant was constrained every half year to use other means for the recompassing of the money to serve his needs being himself engaged for payment of a great yearly rent to his mother in law as well by reentry to a great part of his land as also by bond and other penalties and the complainant making default in payment of 25li or thereabouts part of the rent due at the feast of st michael the archangel which was at the end of two years of his term and although he had made many faithful promises to pay the same at divers several times yet still made default thereof and prayed respite until the feast of the annunciation next coming and promised faithfully that at the feast he would pay all a rrears of rent and also the half years rent then to be due which request this defendant consented unto upon the complainant's faithful promise not to fail him in the payment thereof at which time the complainant notwithstanding his many and faithful promises as aforesaid paid to the defendant but only 20li both for the arrearages and the half years rent then due which amounted to in all four score and five pounds sixteen shillings and eight pence (85li16s8d) but then promised the defendant very faithfully that he would meet him the defendant at London at a certain date which the defendant now remembers not when and where the defendant was to make several payments of money for rents and otherwise with penalties and forfeiture and then and there without fail would pay him all his money so due for rents and arrearages and the defendant repairing to London and meeting the complainant willing to have received his money according to the appointment received not the same but after much delay and many meetings for the same the complainant told the defendant that unless he the defendant could promise so much money as would pay him the defendant to be lent the complainant upon his own bond he the defendant must come by his money as he could or words to that effect whereupon the defendant seeing himself so deceived and for that the complainant had often before moved the defendant to take the said farm into his hands again and that he might leave the same at michaelmas then following the defendant being informed also that the complainant had fallowed and tilled lands at Sawbridgeworth in Hertfordshire from whence he came fearing thereupon that he should be compelled to seek after the complainant to recover so great a sum of money due unto him he this defendant being his majesty's tenant and paying his majesty the yearly rent of 23li or thereabouts procured the complainant to be arrested with process out of his majesty's court of exchequer in the defendant's own name upon which arrest the complainant refusing to put in bail remained in prison a day or two but afterwards being as he signified to the defendant destitute of any friends to rely upon other than the defendant's kindness towards him was contented to give the defendant security for his money so due unto him and also to surrender his lease for the term to the defendant which sundry times before he had seemed desirous to yield up so as he the complainant might take the benefit thereof until the feast of michaelmas next to take off his crop of corn and other commodities there but also to pay to the defendant 60li16s8d for rent to be due at michaelmas then next coming in lieu of his enjoying and occupying the farm as aforesaid and certain other lands then likewise in his occupation till the said feast and if he would also well and sufficiently plough fallow trifallow and make ready for seed 46a of land used and belonging to the farm and for the defendant's security of the money due and to be due at michaelmas amounting in the whole to 125li16s8d and ploughing the lands as aforesaid the complainant would convey and assure to the defendant all the milch beasts sheep and other cattle with which the said farm was stocked and stored which they were kept or maintained upon and also all the corn and grain which was then growing in grass upon the farm which offer and agreement being accepted the complainant did by his deed dated 21.4.9Jas1 give and grant to the defendant the lease of the farm and all his estate right title thereunto absolutely and without any provision or condition also by his other deed of the date before mentioned bargain and sell to the defendant all his milch beasts sheep and cattle wherewithal the farm was stocked and stored and kept and maintained on the grounds of the farm and also all the corn and grain which was growing on the grass and lands belonging to the farm on condition that the complainant his executors and assigns should pay to the defendant 125li16s8d in manner following on 1.7. following at the defendant's dwelling house at Earls Colne 10li16s8d at the said place of payment upon and should also fallow and till the said 46a in manner and form aforesaid then the bargain and sale of the beasts and cattle and corn should be void and by the several deeds whereunto for more certainty this defendant reserved himself more plainly appears and in performance of other covenants mentioned in the agreement the complainant entered into a bond for 200li as in one obligation and condition thereof may also appear and the defendant did by his deed covenant and grant to the complainant that if the complainant did before 1.7. either pay or cause to be paid or put in such security as the defendant should like of the payment of the several sums of money and ploughing and tilling the lands in manner and form aforesaid then the defendant should deliver up to the complainant the indenture and bargain of sale and the bond of 200li for the performance of it and the same should be cancelled and made void now notwithstanding the surrender of the lease and bargain of sale of the corn and cattle and the bond for 200li for the performance of the same rather for the performance of the covenants of the indenture the complainant sold away to other persons the grass of the meadow called Kimborne and also some of the cattle bargained and sold to the defendant for which the complainant received at least 30li and yet at 1.7. appointed for the payment of the sum of 65li by the conditions of the indenture the complainant did not pay accordingly neither did he put in or offer the defendant any security at all for the payment of the sums of money or doing and performing the other covenants of the indenture whereby the corn and cattle and the bond of 200li became forfeited to the defendant which notwithstanding the defendant being willing and desirous to give the complainant a just and valuable price and consideration for all his corn cattle tithe and other stocks of the lands farm the complainant was willing to part withal and also to give him satisfaction of all other his demands concerning the farm the complainant and the defendant did by their mutual consents refer the valuing rating and pricing of the farm and all other the complainant's demands concerning the same to certain neighbours and friends indifferently named between them which friends so named by them at the request of the complainant and defendant did set down the value and prices of the corn and cattle pasture and tithe and other commodities of the farm and also for satisfaction and recompense of the complainant's demands that concern the farm as they informed him which amounted in the whole to 340li or thereabout besides the grass and cattle formerly sold by the complainant and although the corn cattle and other commodities of the farm were very dearly valued and priced yet the defendant to the end he might have peace and quiet of the complainant as he hoped and an end of all controversies between them accepted of the same and the complainant did about 20.7. sell and deliver to Thos Harlakenden in the bill who took the bargain at the request and by appointment of the defendant and to his use nineteen kine and one bull two little bulls and six wennells three score and sixteen sheep thirty two lambs twenty hogs nineteen shotes and the complainant did then also bargain and sell to Thos Harlakenden all the wheat oats and pease growing on the land belonging to the farm and also all the herbage and after the pasture and all the tilth upon the land for which things sold to Thos Harlakenden and to the complainant's other demands in the farm Thos Harlakenden and this defendant paid the complainant 340li or thereabouts within less than twenty weeks which payment the sums of money due by the complainant to the defendant were abated and deducted and the complainant according to the bargain and agreement delivered to Thos Harlakenden possession of the farm corn and all other commodities and Thos entered therein and the defendant says that he did not enter on any lands ploughed or fallowed by the complainant other than the fallows sold to Thos Harlakenden nor in any other sort or manner or form than the defendant has herein set forth and declared and the defendant says for any reparations done about the houses of the farm by the complainant the defendant did pay him for the same to his contentment and whereas the complainant did by the lease covenant to plant stock and store an orchard on the farm as before is also set forth this defendant says that the complainant did only set some few fruit trees there the most of which this defendant gave unto him and made a little garden for his own use while he dwelled there and as for fencing any of the grounds although the complainant by his lease covenanted to preserve the same this defendant says he knows not that the complainant was at any charge in making any fences there but that if he did make any fences where the bushes and other stuff that came of the same and which the complainant sold away would well answer and pay the charge of doing the same the ground being all fenced with very good quickset hedges and this defendant also says that he has not or ever had such bond of the complainant of the sum of 200li for the delivery of the possession of the farm nor any bond for 120li for payment of three score pounds as the complainant in his bill has surmised and he also says that he never promise the complainant that if he had or should have a hard bargain of the lease or that his crop of his ground should fail he would not take advantage of the forfeiture thereof but forbear him any reasonable time for the same or would abate some of his rent as in the bill is alleged for this defendant told the complainant when they had speeches about the lease that he must needs rely upon the payment of his rent at the day of payment thereof for that he the defendant was charged with great payments of money every half year both for the rent as aforesaid and otherwise and the complainant did assure him not to fail thereof without that the complainant did lose clearly out of his purse 120li or any other sum by the farm to this defendant's knowledge as the complainant has in his bill suggested and without any other matter or things ar e effectual etc asks for reasonable charges