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Chancery Decrees and Orders (PRO C33/95 'A' book)

15.2.1598 (Wednesday 15 February 1598)

document 18200302

the earl of Oxford plaintiff Roger Harlakenden and Rich Harlakenden defendants forasmuch as upon hearing of the matter this present day in the presence of the counsel learned on both parts for and touching a certain lands tenements and tithes which the plaintiff by his bill seeketh to have the defendants to reassure in respect that the defendants have by general words in a conveyance made unto him the said Rich Harlakenden gotten the same lands tenements and tithes contrary to the true meaning of the said plaintiff and also for and touching the reassurance or recompense which the plaintiff demandeth by his said bill and replication in respect to the said Roger Harlakenden being servant unto the said plaintiff in the offices of surveyor of his lands and receiver of his rents being put into trust by special commission to sell certain lands being the lands in question for the plaintiff procured the same to be conveyed to the said Rich Harlakenden his son for a lesser value by a great deal than the same lands were worth confederating with Felton and Drawater two of the plaintiff's servants to persuade the plaintiff that the lands were no more worth than the said defendants offered and promised to reassure the same upon repayment of the money which he should pay for the same as was alleged in the part of the same agreement it appeared unto this court upon the reading of the said indenture of purchase which passed from the plaintiff to the said Rich Harlakenden that the said plaintiff having an intent to pass and sell to the said Rich Harlakenden but only the site and demesnes of the monastery of Earls Colne the manor of Colne Priory and the Parsonage of Colne Priory yet as the same indenture is drawn and made viz by the general words of all lands belonging to the same priory within and without the site thereof there are divers lands to the value of 400li by year which the said plaintiff did afterwards sell or convey unto other persons conveyed unto the said Rich Harlakenden contrary to the intent and meaning of the said plaintiff which indenture so drawn by the means of the said Roger Harlakenden to his said son this court is of opinion was contrived naughtily and fraudulently albeit the same defendants do now offer to make conveyance thereof to those persons to whom the same have been since conveyed by the plaintiff or which hath since bought the same of the plaintiff it is therefore ordered and decreed that the said defendants shall reconvey the aforesaid lands to the same persons accordingly discharged of all encumbrances done by them or either of them and of touching the farm of Plaistow which the defendants pretend to be parcel of the demesnes of the manor of Colne Priory and touching the tithes of the vicarage of the towns of Sible Heddingham Stansted Maplested Alham and Buers in the county of Essex Lavenham and Aldham in the county of Suffolk which the defendant Roger Harlakenden now present in court being interrogated by the lord keeper whether the same tithes that were parcel or belonging to the said rectory or not affirmed that he knows not whether the same tithes were parcel of the said rectory or parsonage or not therefore and forasmuch as the said defendants have not now any process either if the said farm of Plaistow is parcel of the demesnes of the said manor of Colne Priory or that the tithes of the said seven towns are parcel of the said rectory of Colne Priory as they seem to pretend and yet by general words in their conveyance the same are parcel unto them it is therefore ordered and agreed that the said plaintiff his heirs and assigns shall and may from henceforth have hold and quietly enjoy the said farms of Plaistow and the tithes of the said seven towns without let or interruption of the defendants or either of them or any claim from by or under or in any of them or by their or either of their means or procurement until they shall prove in this court a better matter to the contrary and as touching the reassurance or recompense which the plaintiff demandeth in respect of the promise of the said Roger Harlakenden and for that he was by the deceit and fraud of the said Roger Harlakenden and the confederacy aforesaid with Felton Drawater as he supposeth drawn to sell and convey the said lands to his the said Roger his son at a less value by a great deal than the same lands were worth this court thinks it not fit now to proceed to the hearing and ordering of that point but doth order that either of the said parties shall make true breviates touching their proofs of that point and also touching the promise of reassurance made by the defendant Roger to the plaintiff as he supposeth and that either party shall see the briefs of the other to the end that nothing shall be insisted thereunto but that which is true as it shall stand proved in court and then the same briefs shall be delivered to the lord keeper who will be pleased to have the opinion of some of the lords chiefs justice farforth# this court may give relief to the plaintiff touching his said demand Hul signature of lord keeper