Chancery Depositions (PRO C2Chas1 P.22/48 Partridge and Tickner v Harlakenden and Elliston)

11.4.1646 (Saturday 11 April 1646)

document 16600005

(right hand side damaged) the joint and several answers of Rich Harlakenden esq and Edw Elliston gentleman two of the defendants to the bill of complaint of Robt Partridge and Hannah his wife Thos Tickner and Prudence his wife complainants these defendants saving to themselves all advantages of exception to the incertainties and insufficiencies etc these defendants or either of them for answer hereunto they answer and say and first the said Edw Elliston answereth and saith that he esteemeth it to be true that Jeff Cuckoke in the said bill of complaint mentioned was seised in fee to him and his heirs of and in one messuage 26a of land and 3a1r of meadow called Curds 15a of land called Barmans Field Rowncys and Pellsland and of and in one grove or wood land called Curds Grove containing by estimation 6a holden of the manor of Earls Colne in Earls Colne in the county of Essex by copy of court roll and that the said Jeff Cuckoke was likewise seised to him and his heirs of and in one garden and 6a of land more or less called Wrongs and one little grove of wood called Cogges Grove containing by estimation 2a holden of the manor of Colne Priory in Earls Colne aforesaid by copy of court roll and used with the said messuage called Curds without the lands called Curds in the said bill of complaint mentioned and he believes it to be true that the said Jeff being so seised did surrender the messuage and lands premises according to the custom of the said manor as respectively of which they were holden to the use of his last will and testament and by his last will and testament bequeath all the said messuage and premises to Rose his wife in the said bill of complaint mentioned to her heirs and afterwards died so seised and that after his decease the will was is due form of law prosecuted the said Rose then the wife of Robt Partridge the said complainant Robt Partridge his father was admitted tenant accordingly as by the rolls of the said manor of Earls Colne bearing date 30.12.28Eliz1 and the court rolls of the said manor of Colne Priory bearing date 31.12.28Eliz1 to and the said defendant further answereth and saith that he believeth it to be true that afterwards the said Robt Partridge and Rose his wife according to the custom of the manor all the said messuage or tenements lands and premises holden of the said manor of Earls Colne to the use of the said Partridge and his heirs who was accordingly the court roll of the said manor bearing date 18.9.31Eliz1 refereth himself it doth and may more at large appear and he believeth that the said Robt and Rose did likewise surrender the same lands and tenements manor of Colne Priory to the use of the said Robt Partridge and his heirs and that he was admitted to the same and the said Robt Partridge being so seised tenements and premises the said Partridge as this defendant hopeth to prove did according to the custom of the said manor of Earls Colne surrender the said grove called Curds Grove to the use of Roger Harlakenden esq then the lord of the said manor and his heirs and did surrender all other the said messuages lands and premises holden of the said manors respectively to the use of the said Rose his wife for her life and after her decease the use of Jeff Cuckoe t he elder Jn Cuckoe Jeff Cuckoe the younger Francis Rose Susan and Prudence Cuckoe being the sons and daughters of the said Jeff Cuckoe deceased and of the said Rose and of the heirs of the said sons and daughters as by the court rolls of the said manor of Earls Colne holden upon saturday in the week of whitsuntide 36Eliz1 and the court rolls of the said manor of Colne Priory to which for more certainty this defendant refereth himself it doth and may more at large appear and this defendant further saith that afterwards and in the life of the said Rose all the said sons and daughters except the said Jeff Cuckoe the younger and the said Prudence then the wife of Ralph Lunt now one of the complainants died as this defendant believeth and their estate of and in the said messuage and premises did come by right of survivorship to the said Jeff the younger and the said Prudence who were admitted to the said messuage lands and premises in remainder after the decease of the said Rose admitted they the said Jeff and the said Ralph and Prudence his wife the said Prudence being solely and secretly examined according to the custom of the said respective manors did surrender all and every the premises to the use of Roger Harlakenden gentleman younger son of Rich Harlakenden esq then lord of the said manors forever who was thereupon admitted accordingly as by the court rolls of the said manor of Earls Colne bearing date 26.5.==== and the court rolls of the said manor of Colne Priory bearing date whereunto reference being had may it more at large appear and the said defendant further saith that afterwards the said other defendant Rich Harlakenden esq then lord of the said manor of Earls Colne did grant out of his own hands to Roger Harlakenden his brother and his heirs the said ground called Curds Grove to hold according to the custom etc at the will of the lord and the said Rose then the relict of Edw Rosse in the said bill of complaint mentioned in her widowhood did surrender into the hands of the lord of the said manors of Earls Colne and Colne Priory respectively all the said messuages lands premises holden of the aforesaid manors etc (torn) to the use of Roger Harlakenden and his heirs who was admitted accordingly and the said Roger did according to the custom of the manors surrender the said lands and premises and the said grove called Curds Grove to the use of this defendant and Mabel his wife and to the heirs of their bodies begotten and for defect of such issue to the use of the right heirs of this defendant who were admitted accordingly as by the court rolls of the manor bearing date 9.1.1635 for more certainty he refereth himself it doth and may more at large appear by virtue whereof the said defendant and his wife did enter upon the said premises and being seised of the same and this defendant doth deny that he was tenant to the said Rose Rosse of or for the said premises or any part thereof or did or was to pay her any rent (torn) any other person whatsoever except such quit rents as are due and to be paid to the lord of the said manors and this defendant saith that he knoweth not that (torn) the said Jeff Cuckoe and Rose his wife and Robt Partridge the said complainant's father or any of them were seised of the premises or any part thereof or of any other estate afore alleged or of any other lands than is afore alleged holden of the said manors respectively and to all other matters in the said bill of complaint mentioned that he knoweth nothing concerning the same and the said defendant Rich Harlakenden severally for himself saith that he is lord of the said manor and that the premises are holden of him as of his said manor respectively by copy of court rolls and that he believeth the said surrenders grants admittances mentioned by the said Edw Elliston made is as afore alleged and he denieth that the said Ralph Lunt and Prudence his wife or either of them at any time did require any copies of him of or concerning any but he confesseth it to be true that the said other complainants have come to him and desired copies of the said rolls to whom he answered that he was not bound to make them any copies but if they would bring any lawyer or his steward to peruse his wills they might have such copies as they desired paying due fees for the same but he denied to deliver his rolls to them and he did deny that he said none should see his rolls but his steward and he is willing that the said complainants may have seen copies as concern them paying due fees for the same or as this honourable court shall award and for all other matters in the said bill of complaint contained he saith that he knoweth nothing concerning the same without that that any other matter or thing in the said bill of complaint contained etc these replies were taken at Colchester 11.4.1646 before Thos Lawrence and Jo Shaw (inserted)