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Chancery Depositions (PRO C24/498 pt 2 piece 6 depositions: Rosse v Harlakenden)

14.6.1623 (Saturday 14 June 1623)

document 17801321

three that he doth assuredly believe in his conscience and partly knoweth it to be true that the said Robt Partridge and the now complainant Rose then his wife were heretofore viz about some thirty three years ago seised in fee simple at the will of the lord according to the custom of the said manor of Earls Colne of the said tenement and lands called by the name of Curds as in the right of the said Rose and her heirs and that they the said Robt and Rose his then wife being so seised did in 31Eliz1 surrender the said tenement and lands according to the custom of the said manor to the use of the said Robt Partridge and his heirs and also that the said Rose before the said surrender made was duly examined in the court of the said manor touching the same according to the custom of the said manor in such cases used and he saith that the means and occasion whereby he was to know and to be assured of the matters before by him declared is as followeth viz in or about .10.31Eliz1 the said Robt Partridge was in hand to mortgage the said tenement and lands called Curds for a certain sum of money unto him this deponent and to one Edw Gurling for a year and because that they knew that the said house and lands were the said Rose and that they were fearful to leave their money upon that mortgage until they were certain that she the said Rose had in due form according to the custom of the said manor surrendered the said house and lands unto the said Robt Partridge her husband and his heirs whereby she had enabled him to make a mortgage of the said house and lands therefore for their better satisfaction in that matter he saith that himself this deponent and as he now remembreth the said Girling also did go to the said Earls Colne both to the lord of the said manor who was then mr Harlakenden's father and also unto one mr Cooke that was then the steward of the said manor and upon enquiry made of them touching the truth of the said business he saith that both the said mr Harlakenden and the said mr Cooke did affirm and deliver upon their credit that she the said Rose had a little before that time been in open court holden for the said manor and that she was duly examined and that she had surrendered the said tenement and lands called Curds unto the said Robt Partridge her husband and his heirs according to the custom of the said manor and thereupon he saith that when they were so informed of the truth of the said surrender they did within a while after take the said house and lands called Curds by mortgage for a certain sum of money and this he saith is as much as to his now remembrance he can materially depose to all the questions of this interrogatory