Chancery Depositions (PRO C2 Jas1 R.1/33 Edw and Rose Roos v Cuckoke and Lunt)

13.11.1622 (Wednesday 13 November 1622)

document 16100502

(four sheets) to the most reverend father in god Jn lord bishop of Lincoln lord keeper of the great seal of England in most humble manner complaining showeth unto your good lordship your daily orator Edw Roos of Great Horkseley in Essex gentleman and your lordship's daily oratrix Rose now wife of your lordship's said orator Edw Roos that whereas the said Rose your lordship's now oratrix by the name of Rose Partridge of Earls Colne widow heretofore that is to say in the term of the holy and undivided trinity now last past did exhibit her bill of complaint unto your good lordship in his majesties high court of chancery against Rich Harlakenden esq then and now lord of the manors of Earls Colne and Colne Priory in the said county of Essex and against Jeff Cuckoke son of your lordship's said oratrix Rose by her first husband Jeff Cuckoke late of the town of Colchester baker deceased and against Ralph Lunt and Prudence daughter of your lordship's said oratrix by the said Jeff Cuckoke deceased showing thereby that whereas on or about 27Eliz1 the said Jeff Cuckoke then of Colchester in the said county deceased late husband of her the said Rose your lordship's now oratrix was lawfully seised in his demesne as of fee at the will of the lord according to the custom of the several manors of Earls Colne and Earls Colne Priory of and in certain copyhold and customary lands and tenements holden of the said several manors by copy of the rolls of the court of the said several manors of the yearly rent of 30li viz of the said manor of Earls Colne one messuage and tenement and 26a of land 3a1r of meadow called Curds whereof one wood or grove called Curds Grove containing by estimation 12a then and now divided into two closes was and is parcel and of three closes of land containing by estimation 15a the one called Barmans Field the other called Rounces and the third called Pellsland lying in Barmans Field and of the said manor called Earls Colne Priory certain lands and tenements commonly called by the name of one garden and two crofts of land containing by estimation 6a called Wrongs and one parcel of land called Cogges Grove containing by estimation 2a more or less in Earls Colne aforesaid and the said Jeff Cuckoke being so seised of all the said lands and tenements holden of both the said manors as is aforesaid by his last will and testament in writing then made he willed and bequeathed and devised all the said lands and tenement unto her the said Rose your said oratrix being his then wife and to her heirs forever towards the bringing up of his children and towards the payment of every of his children 20li apiece being eleven and towards the payment of 40s a year to his mother during her life and his freehold land he gave to his eldest son and his heirs being of the yearly value of 20marks and that then also according to the custom of the said several manors he did respectively surrender all his said several and respective customary lands tenements and premises into the hands of the then lord or lords of the said several manors respectively to the uses and intents mentioned and expressed in his said last will and testament and a very short time after the making of the said will and surrenders the said Jeff Cuckoke died of such his estate so seised as aforesaid and that after his death the said surrenders so made by the said Jeff were at the next courts holden for the said manors duly and orderly presented and that she the said Rose your said oratrix paid her fines and was into all the said customary lands and tenements lawfully admitted according to the purport and effect of the said will and surrenders and that she by force thereof entered into the said customary lands and premises and was thereof lawfully and respectively seised in her demesne as of fee at the will of the lord according to the customs of the said several and respective manors and received and took the rents issues and profits thereof and that she the said Rose your said oratrix being so seised about one year after the death of the said Jeff Cuckoke espoused and took to husband one Robt Partridge then late deceased upon which marriage one Robt Partridge father of the said Robt Partridge the husband entered into a bond of great penalty to certain of the lands of her the said Rose your said oratrix to assure her certain lands for her jointure of the yearly value of 20li which after the marriage effected he refused to perform unless she the said Rose your said oratrix would assure her aforesaid copyhold lands called Curds and other the premises holden of the said manor of Earls Colne to her said husband and his heirs which notwithstanding many persuasions and threats used by her said husband to draw her thereunto she utterly refused whereupon her said husband acquainted her that he intended to procure a formal copy to be made purporting that she the said Rose your then and now oratrix had surrendered the said lands called Curds and other the premises holden of the said manor or Earls Colne to the use of her said husband and his heirs to the intent that he father might be thereby drawn to make her a jointure according to his agreement and bond in that behalf which without extremity which he was loath should be used against his father as he pretended could not be gotten protesting to your said oratrix that no further use should be made thereof but only to give his father some satisfaction that so the jointure might be peaceably and with fair means gotten from him aforesaid and that afterwards the said Robt Partridge your oratrix said husband acquainted Roger Harlakenden esq then lord of the said manor of Earls Colne whereof the said lands were holden with his intent and entreated him that his clerk might draw and engross in parchment a formal copy purporting a surrender from your oratrix of the said premises holden of the said manor of Earls Colne to the use of her then said husband Partridge and his heirs which she assented unto and a formal copy was drawn and engrossed accordingly as though it had been in truth duly surrendered which not and your oratrix said husband showed the same to his father who for that there was neither hand of the lord nor steward misliked the same and would not be drawn to do anything upon sight thereof unless the hand of the lord or steward could be gotten thereto wherewith the said Roger Harlakenden again appointed and his hand desired he refused to set his hand unless she the said Rose your lordship's said oratrix would indeed make such a surrender into some of the tenants' hands that might justify his doing which your said oratrix likewise refused to do unless she might assure that the same at the next court after be duly surrendered back to her and her heirs which her said husband Robt Partridge then faithfully promised to perform yet your said oratrix Rose being fearful and in no wise satisfied with his said promise and reposing special trust and confidence in the said Roger Harlakenden and Rich Harlakenden esq his then son and heir apparent and now lord of the said manor and then lord of the said manor of Earls Colne Priory and knowing that they being lords of the said manors as aforesaid nothing could be done to her prejudice contrary to true meaning without their privity entreated them her therein who taking the care and trust upon them encouraged her the said Rose to make such a surrender before some of the tenants promising that they would take such course as they would be sure the same should be surrendered back again at the next court by her said husband to her heirs according to her said husband Partridge's said promise in that behalf and in show as though they had meant faithfully to have performed the same they the said Roger Harlakenden and Rich Harlakenden or one of them took a bond of 300li or thereabouts of the said Robt Partridge her then husband (torn) to that effect in consideration whereof she the said Rose your said oratrix together with her said husband did by the aforesaid encouragement persuasion and faithful promise of the said Roger and Rich Harlakenden only surrender the same premises holden of the said manor of Earls Colne out of court into some the tenants hands to be presented at the next court to the use of her said husband Robt Partridge and his heirs which surrender at the next court after was presented and the said Robt Partridge your oratrix said husband admitted accordingly and then or shortly after your oratrix said husband Partridge surrendered as well the said premises of the manor of Earls Colne as also the said premises holden of the said manor of Earls Colne Priory by way of mortgage unto one Girling and Salter which the said Roger Harlakenden and Rich Harlakenden well knowing of gave way unto without contradiction and contrary to the trust aforesaid and they the said Roger Harlakenden and Rich Harlakenden by themselves or their steward of the said several manors admitted them the said Girling and Salter there unto after which the money payable by the said mortgage was not paid according to the days appointed by the said mortgage whereby all the premises became forfeit to the said Girling and Salter and continued by the space of three or four years who notwithstanding were never in possession of the said premises or any of them but finding that in truth she the said Rose your said oratrix had not made surrender to all of the said premises holden of the manor of Earls Colne Priory nor no surrender of the rest of the premises to pass the inheritance forth of herself but made out of court into the tenants hands and upon the trust aforesaid which surrender so made out of the court into the tenants hands by her being a feme covert could not be good in law to bind her inheritance confederated and practised with the said Roger Harlakenden then lord of the said manor of Earls Colne and with the said Rich Harlakenden of the said manor of Earls Colne Priory and with others their servants and steward for the time being how to defeat her the said Rose your now oratrix of the premises and by such confederacy and practise obtained and procured divers untrue entries to be made in the court rolls as well of the said manor of Earls Colne as of the said manor of Earls Colne Priory by force of which entries it was supposed that she the said Rose your lordship's then and now oratrix had surrendered all or most part of the said copyhold lands holden of the said manor of Earls Colne and Earls Colne Priory to the use of her said husband Partridge and his heirs by some others that she had the use of him and her and her heirs but in the end after two or three years spent in framing and contriving of such entries as pleased themselves that they the said Girling and Salter were glad to get as much of their money again as they could and to the intent to give them better colour of the aforesaid they have so procured to be made they the said Girling and Salter surrendered the premises back to your oratrix then husband Robt Partridge and his heirs and at divers courts after holden for the said several manors proclamation was made that your oratrix said husband Partridge should come and be admitted to the same premises and pay the fine or that the same should be seized into the lord's hands which notwithstanding the said Partridge your oratrix said husband refused to do affirming as he well kneweth the truth was that he never had any sufficient or available estate therein or in any part thereof other than in right of her the said Rose your said oratrix for so long as they should live together whereupon the said Roger and Rich Harlakenden then lords of the manors did at the last seize all the said premises and made a lease thereof to one of their servants or friends to try the title and an ejection firma was thereupon brought against your oratrix said husband Robt Partridge and an action brought likewise against him upon the said of 300li or thereabouts by the said Roger and Rich Harlakenden or one of them without her the said Rose your lordship's now oratrix privity only for the said Roger and Rich Harlakenden's own ends and by the same forced your oratrix said husband Robt Partridge to a composition and by colour thereof of money and 6a of wood ground parcel of the said forementioned grove called Curds Grove parcel of the said copyhold premises holden of the said manor of Earls Colne to be conveyed to the use of him the said Roger Harlakenden and his heirs and without your lordship's now oratrix privity being obtained up the said bond for 300li which they took in trust for your said oratrix use as aforesaid to be cancelled and to give the better colour to their proceeding as though it had been for her the said Rose your lordship's now oratix behoof but in truth to strengthen the title of the said Roger Harlakenden (torn) 6a of wood he the said Roger Harlakenden taking upon himself to be seised of the said premises holden of the said manor of Earls Colne by colour of the seizure aforesaid or by colour of some surrender from your oratrix said husband Robt Partridge granted all the premises and part of the said 6a to Rose for her life with the remainders over to Jeff Cuckoke and Prudence Cuckoke now wife of Ralph Lunt and divers other of your oratrix children by her former husband Jeff Cuckoke and their heirs whereof there were then and now living only the said Jeff and Prudence all the rest being dead issues which notwithstanding your oratrix Rose contrives still in possession of all the said premises and set workmen to fell the wood upon the said 6a whom the said Roger Harlakenden arrested and thereupon she the said Rose your lordship's now oratrix being then a feme covert not able to sue for or right proffered a petition to the then right honourable the lord Ellesmere then lord chancellor of England to be relieved in and concerning the premises who was pleased to direct his honourable letters to sir Wm Walgrave knight and Edw Grimston esq since then both deceased to hear and they could or else to certify but the said Roger Harlakenden understanding thereof proffered his petition to his lordship desiring that sir Jn Tindal knight and mr Wm Wiseman his the said Roger Harlakenden's steward of his courts belonging to his said manor might be joined with them the matter was heard before them at large who found and certified your said oratrix complaint to be just and ever after she the said Rose and her said late husband Partridge during all his lifetime and your said oratrix always after his death quietly and peaceably enjoyed as well the said 6a as all the rest the premises so long as the said Roger Harlakenden lived and after his death until the said Rich Harlakenden his son and heir then and now lord of the said several manors well knowing all the premises to be true compounded with the said Rose your lordship's said oratrix and took from her as lawful owner and inheritrix thereof a surrender of the same to him and his heirs and the said Rich Harlakenden ever since such surrender hath quietly enjoyed the said 6a by virtue of such his composition and surrender from your said oratrix and had divers the interest of the premise your said oratrix or that if your oratrix would be at some charge he would set all things right according to your oratrix her claim herein and herein before mentioned and the said Rose your lordship's now oratrix did further in and by her said bill of complaint show and set forth your said oratrix Rose had never made any surrender whereby to pass away the inheritance of the premises or of any part thereof the 6a excepted save only the forementioned surrender made upon trust out of court wherein she was never examined as before is mentioned and be it the said Rich Harlakenden did know the same to be true and that the same was done upon the persuasions and promises of him and his father as aforesaid and upon security by them taken in that behalf as aforesaid yet your oratrix Rose was informed that he the said Rich Harlakenden of purpose to discredit her said title (torn) to the premises and to make it seem litigious and doubtful that he might the more easily compass the same after he had offered to buy the same of your oratrix the said Rose and could not obtain it at such price as he desired had then of late given out in speeches and published that she the said Rose had no good estate or right in or to the foresaid premises or to any part thereof longer than for her own life the remainder to her children by her first husband and their heirs for that as he affirmed he had they found out a court roll of the said manor of Earls Colne made about .9.31Eliz1 testified as he affirmed that she the said Rose together with the said Robt Partridge her late husband did in open court she being then solely examined according to the custom surrender the premises holden of the said manor of Earls Colne or a great part thereof to the use of her said husband Robt Partridge and his heirs and that the lord at the said court granted the same to her said husband Partridge and his heirs accordingly and had likewise given out in speeches and published that your said oratrix Rose had lawfully surrendered the said premises holden of the said manor of Earls Colne Priory to the use of the said Robt Partridge and his heirs where in truth she the said Rose never gave any surrender at all of any of the said premises holden of the said manor of Earls Colne Priory or any surrender of the rest of the premises holden of the said manor of Earls Colne other than such as before in and by her said bill of complaint was acknowledged which in truth if any such false and counterfeit and further gave out in speeches as aforesaid that then she the said Rose had no greater estate therein than for her life only the reversion in the said Jeff Cuckoke and Prudence Lunt her children by her first husband and their heirs and they the said Jeff Cuckoke Ralph Lunt and Prudence his wife being then by (torn) claim the inheritance thereof to belong to them by colour of such supposed copies or entries in the court rolls as aforesaid and thereby to have it whether she the said Rose your lordship's said oratrix will or not in consideration whereof and for as much as she the said Rose was very aged and impotent might be waged by necessity to sell the premises at the least was desirous to leave a settled quiet and sure estate thereof to such persons as she should will and dispose the same as for that the aforesaid false and counterfeit court rolls and entries would in time gain the reputation of true ones and the disinherison of her the said Rose the said Rose had no remedy to relieve herself in the premises otherwise than by course of equity before your honourable good lordship and your said oratrix Rose did further by her said bill of complaint humbly pray your good lordship the premises considered to grant unto her the said Rose your then and now oratrix his majesties writ of subpoena to be directed to the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife commanding them thereby at a certain time and under a certain pain therein to be limited to be and personally appear before your good lordship in his majesties high court of chancery then and there to make answer to all and every the premises and the said Rich Harlakenden further to set down upon his corporal oath what entries touching the premises or any part thereof were made in the court rolls of the said manor since the death of Jeff Cuckoke her the said Rose your lordship's now oratrix first husband and by whom if such an entry were made and by what presentment any such were warranted as also by what title he claimeth the said 6a of wood to him and his heirs and the said Jeff Cuckoke the son Ralph Lunt and Prudence his wife to set forth what estate or interest they claimed in or to the premises and by what right and pretence of title they claimed the same and also all such further order and direction therein as to your lordship should seem to stand with equity and good conscience as in and by the same bill of complaint remaining upon record in this his majesties court of chancery more plainly and at large doth and may appear after the exhibition of which said bill made the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife being served with process of subpoena out of this court at the suit of your said oratrix to answer the said recited bills of complaint made their several appearances in this most honourable court and did put in their several answers to the said recited bill of complaint Rose before any further proceedings were had in the said court did on or about 1.11. take to husband and married with your orator Edw Roes by reason of which intermarriage the said recited bill of complaint for that your lordship's oratrix Rose was only complainant now is and by the rolls of this court standeth abated and the same title matters and proofs of equity which the said Rose had against them the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife touching the said several copyhold lands and tenements in question and in the right of the said Rose vested in now orators yet your lordship's said orator cannot by the rules of this court proceed any further in the said suit against the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife or any of them to bring the said cause or hearing before they have proffered their bill of revivor of the said recited bill of complaint to your good lordship in his majesties honourable court where the said bill of complaint and all the proceedings thereupon are depending and for that the said cause is so far proceeded already towards a hearing in this most honourable court as aforesaid and will be sooner exhibited and made mature for your lordship's final order and decree therein than then it can other course whatsoever in tender consideration whereof your lordship's said orators most humbly pray your good lordship that the said recited bill of complaint exhibited in this most honourable court by your said oratrix Rose as aforesaid and the several and joint answers of the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife and every of them thereunto and all other the proceedings thereupon may be revived and stand and be in the same state plight forwardness and as available for your lordship's now orator against them the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife as they did at the time of the intermarriage of your lordship's now orator and oratrix or at any time before that they the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife may forthwith put in their answers to this said bill of revivor for that your lordship's said orators are informed by that before any further proceedings can be had in the said cause your lordship's said orator and oratrix must of court proffer this their bill of revivor against the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife and therefore may it please your lordship the premises said orator and oratrix the king's majesties most gracious writ of subpoena to be directed to them the said Rich Harlakenden Jeff Cuckoke Ralph Lunt and Prudence his wife commanding them and every of them to answer etc