Chancery Depositions (PRO C24/297 part 2 no 80 depositions: Rosse v Harlakenden)

13.2.1623 (Thursday 13 February 1623)

document 17700697

six that he hath heard the now complainant Rose being a woman of good credit and reputation in a court of the said manor of Earls Colne in any court days complain and say that there have been alteration change and variation in some of her copy or copies of court roll of the manors and in the court rolls themselves of presentments and surrenders and admittances of unto lands and tenements holden of the said manor in some sort or manner desiring the actual and real truth of such presentments surrenders and admittances and this deponent that he can directly depose of his own knowledge of one false copy or entry that was made and written in the court rolls of the said manor or of one of them viz of Earls Colne which particular copy concerneth this deponent and was surmised to be made at a court of the said manor of Earls Colne holden on monday 24.7.34Eliz1 before mr Wiseman esq then steward of the said manor in which copy of court roll it is recited that Jn Parker the elder who was this deponent's father languishing in extremis on his death bed did surrender into the hands of the lord by the hands of Barth Leffingwell in the stead of the bailiff and in the presence of Jn Green and Robt Rookes two customary tenants of the said manor witnessing the same according to the custom of the said manor one tenement called Mordens sometime one Hen Layer's and the moiety of one parcel of land called Tollehouse Green containing in quantity as in the said copy is expressed and that the said Jn Parker did take up the said tenement and premises to him and his heirs at a court with held on tuesday in whitsun week 3Eliz1 of the surrender of Geo Garrard to the use and behoof of this deponent his son and of the heirs of this deponent and that the then lord of the said manor by his said steward did grant seisin of the premises to be had to him the said Robt and his heirs and to be holden of the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services therefore due and of right accustomed and paid his fine and did his fealty and was admitted tenant thereof as by the said copy of court roll appeareth all which this deponent saith he believeth to be true but whereas it is in the said copy of court roll further recited that this deponent afterwards in proper person came and in open court of the said manor and sitting the court the is deponent did surrender into the hands of the lord by the hands of his aforesaid steward the aforesaid tenement called Mordens sometime Hen Layer's and the aforesaid moiety of the said parcel of land called Tollehouse Green with appurtenances to the use and behoof of him this deponent and the then heirs of his body lawfully begotten and for default of such issue to the use and behoof of Jn Parker this deponent's elder brother and of his heirs forever and that seisin thereof was delivered unto him this deponent to hold to him and his heirs of his body lawfully begotten the remainder thereof as aforesaid to be holden of the lord by the rod at the will of the lord according to the custom of the said manor by the rents and services therefore due and of right accustomed and that this deponent paid his fine and did his fealty and was admitted tenant etc as in and by the said copy of court roll also (torn) this deponent utterly denieth that ever he came and did in open court of the said manor the court or otherwise howsoever surrender into the hands of the lord by the hands of his said steward the aforesaid tenement and premises with appurtenances to the use of him this deponent and the heirs of his body lawfully begotten and for default of such issue to the use of the said Jn Parker this deponent's elder brother and of his heirs forever as in the said copy of court roll is expressly set down and therefore this deponent saith that the said copy of court roll is therein erroneous false and untrue and albeit it is underwritten thus viz examined and agreeth with the roll of the court Rich Harlakenden Ro Cobbe as by the said copy now brought and showed forth by this deponent may and doth at large also appear and this deponent further saith that at the next court then holden for the said manor of Earls Colne after such time as this deponent's said father had surrendered the premises to the use of this deponent and his heirs as aforesaid the said Wm Wiseman esq then steward of the manor finding out and presenting the falsehood corruption and error contained in the court rolls before expressed herein seemed to be very much grieved thereat and to pity the case and taking this deponent by the hand said " alas poor man I am sorry for thee thou art nearly cheated and cosined of thy land " and this deponent then not knowing the said falsehood and wrong answered saying " sir I have my land " " yea " quoth the said steward " thou hast it indeed but come unto me and I will see that thou shalt have it in a better fashion " or words to that effect and this deponent further saith that afterwards he this deponent having a purpose to sell the said house and premises and showing forth the said erroneous and false copy of court roll the fault was espied and signified unto this deponent who thereupon remembering the said mr Wiseman's words went unto him for recovery and coming unto him found him lying on his bed very sick of the gout and desiring redress in that behalf he said he was out of his place or stewardship there and could not help this deponent therein but sent this deponent with a private token or message unto one mr Joselyn son in law of him the said mr Wiseman there being steward of the said manor of Earls Colne and Colne Priory wishing him to relieve this deponent and this deponent repairing unto the said mr Joscelyn and delivering the said private message unto him from the said mr Wiseman and withal showing forth unto him the aforesaid false and corrupt copy of court roll he advised this deponent to come and meet him the next day at the said manor being a court day and said that he would right this deponent's wrong and this deponent meeting the said mr Joscelyn there according to his appointment did then and there show unto him the said false copy of court roll which he took and looked upon it and in the presence of the said now defendant Rich Harlakenden did in a rage throw down upon the ground and set his foot upon it saying unto the said Rich Harlakenden to this or like effect viz " what sir do you use to make and grant copies out of court I being steward and what do you mean by this and here is a copy made out of court by yourself and your man Cobbe this may not be I will redress this poor man must and shall have remedy herein " or words to that effect whereupon the said now defendant Rich Harlakenden seemed to be very sore troubled and vexed in mind saying that this deponent was a knave and should not have any remedy there " no " quoth mr Joscelyn " then will not I keep any court here I shall be complained upon above unto the judges of the kingdom and fined 100li will you pay that fine for me " " no " quoth the said mr Harlakenden " why then " quoth mr Joscelyn " I will keep no court " or speeches to that purpose did then pass between them and yet in the end the said mr Joscelyn did keep a court there and in open court of the said manor did restore this deponent's estate in and to the premises and not only made the aforesaid false copy frustrate and of none effect but also granted him a new copy and for such new copy and restored estate the said mr Harlakenden took of this deponent 50s as lord of the said manor and would not suffer this deponent to be admitted before he had the money and the said mr Joscelyn had 5nobles of this deponent upon the said new admittance and this deponent saith is the truth in this behalf and as much as he can materially depose touching the points of this interrogatory of any good remembrance