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Chancery Decrees and Orders (PRO C33/96 'B' book)

23.6.1598 (Friday 23 June 1598)

document 18200361

Edw earl of Oxford plaintiff Roger Harlakenden and Rich Harlakenden defendants the matter in question between the said parties coming this present day to have been heard and the counsel on both parts attending for that purpose it was humbly required by the plaintiff's counsel that before the hearing of the cause in respect the matter of the promise for the reassuring of the lands sold by the plaintiff to the said Roger Harlakenden is not contained in the bill exhibited by the plaintiff whereby any order can well be made for him therefore the said plaintiff may exhibit a new bill touching the said promise and that since the said farm of Plaistow and certain tithes in the bill mentioned were decreed for the plaintiff therefore the plaintiff may likewise have order for the mere profits of the said farm and tithes and albeit it was thereupon informed by the defendant's counsel that the matter of the said promise is contained in the replication and has been examined already and yet since it is alleged that if the said same matter had been mentioned in plaintiff's bill the said defendants' should have made answer thereunto as a matter resting principally in his own knowledge it is therefore ordered that the plaintiff shall and may exhibit his bill touching the same said promise and call the defendants in to answer the same and then such witnesses only shall be examined on the plaintiff's part as have not been exa mined already touching the said promise and whose names shall be first set down and delivered to the defendants attorney so as he may examine them also if he will and the interrogatories whereupon the said witnesses shall be so examined shall so be first seen and allowed of by mr Tindall one of the masters of this court as is also ordered by this court that in regard the lands and tithes aforesaid are decreed for the plaintiff therefore the said defendants shall answer and pay unto the plaintiff the mean profits of tithes and lands and tithes since the same have been taken and kept from him wrongfully and a commission is awarded for the examination of the value thereof accordingly and the decree for the same land and tithes is stand in force till the said defendants shall upon a new bill exhibited upon new matter show and prove in this court good cause to the contrary