[an error occurred while processing this directive]

Chancery Depositions (PRO C2Chas1 H.12/13 Rich Harlakenden v Ambr Coppinger and Franc Harrison)

(no date) Chas1 (1628)

document 16500066

replication of Rich Harlakenden esq complainant to the joint and several answers of Ambrose Coppinger clerk and Francis Harrison clerk defendants the said complainant saving to himself all advantage of exception etc says that the said bill was not exhibited for vexation or with any intent to put the defendants or either of them to any unnecessary charges or expenses or to compel or enforce them or either of them to give any composition but was and is exhibited upon such just cause and matter of equity as is this said bill is set forth and that the said conveyance of the manors and the other things in the bill mentioned made by the said Edw late earl of Oxford in the bill named to this complainant and his heirs were made bona fide and for full and valuable consideration paid and given by his said father and himself and not upon any trust or confidence whatsoever and that the premises are far short of the yearly value in the said answers mentioned and the said portions of tithes in the bill mentioned were amongst other the premises conveyed and intended to be conveyed by the said earl to the complainant and his heirs and were mentioned and valued in the particular of the said purchase and that this complainant's father and himself did for divers years after his said purchase and by virtue thereof take and receive the said portions of tithes and rents for the same in such sort as in the said bill is set forth and that the said bill exhibited by the said late earl against this complainant's said father and himself and the preceding orders and decrees thereupon ensuing in the said cause were such and in such manner as i s the complainant's said bill is truly set forth and as by the records thereof remaining in this honourable court may appear and he further saith that it is true that the said Edw late earl of Oxford during his life and after his death the said earl Hen in the bill mentioned and their assigns by virtue of the said decree in the complainant's bill mentioned did for divers years take and enjoy the said portions of tithes in such manner and upon such terms as in the this complainant's bill is set forth without that that the said portion of tithes or either of them after the decease of the said earl Edw did descend and come or of right ought to descend or come to the said earl Hen his son and heir as by the defendants in their said answer is surmised for this complainant saith that the estate title and interest of and in the said portions of tithes and either of them then was and yet is in him by virtue of the conveyances thereof above mentioned to be made by the said earl Edw and without that that the said earl Edw and earl Hen and their assigns or any of them did possess take or enjoy the said portions of tithes or either of them by the space of almost thirty years or anything near so long time as in the defendants said answer is mentioned and he further saith that he being a stranger to the conveyances of the said portions of tithes made by the said earl Hen to the said Hen Coppinger in the said answer named and to the said Francis Harrison respectively could not take notice whether they purchased the same by way of lease or whether the inheritance thereof was conveyed unto them but he hopeth to prove that the communications and contracts had and made by the said Hen Coppinger and Francis Harrison respectively which the said earl Hen for and touching the said portions of tithes and before the several purchases thereof were for the whole state of inheritance thereof and that the said earl would for the same considerations by them so agreed upon if they had so pleased conveyed unto them the inheritance of the said portions of tithes and that if they did purchase the same by way of lease as in their said answers is set forth and did not deal with the inheritance thereof the reason was for that the said portions of tithes together with other premises were and are indeed holden by knights service in capite which was well known to the said Hen Coppinger and Francis Harrison at the time of their said purchases thereof and therefore as it seems to avoid the king's future title of wardship as the same may hereafter happen they rather chose to take the leases of ninety nine years which as if seems they took to be free from wardships than to purchase the inheritance which would clearly have been subject to that encumbrance and he also saith as before that the estate right title and interest of and in the said portions of tithes now is and ever since the said conveyance made unto him by the said earl Edw by virtue thereof hath been in himself this complainant and did not descend and come after the death of the said earl Edw to the said earl Hen or after the death of the said earl Hen to his heirs and that if any estate or interest of or in the said portions of tithes or either of them was at any time in the said earl Hen either in law or equity yet the same upon the composition in the complainant's bill mentioned between the said earl and him was released and conveyed unto him and his heirs by the said earl Hen and therefore the premises considered the said now defendants are the proper and only parties against whom this complainant ought to exhibit the said bill as he hath done without that the said Hen Coppinger or Francis Harrison or either of them did respectively pay the said several sums of money in their said answers mentioned for their several purchases of the said portions of tithes or either of them of the said earl Hen or anything near so much or that the said portions of tithes or either of them are of so small value as in their said answer is also set forth and without that any other matter or thing in the said answer etc Francis Sydnor