Chancery Decrees and Orders (PRO C33/87)

13.5.1594 (Monday 13 May 1594)

document 18200421

Roger Harlakenden against Jn Bowser defendant forasmuch as this court was this present day informed by mr Wild being of the defendant's counsel and coming to show cause according to a late former order wherefore the due proceedings in the common law should not be stayed by injunction alleged that the promise of the defendant mentioned in the letters of the late lord chancellor whereupon the former order was chiefly grounded did not extend to any more lands than to the plaintiff's quiet enjoying of the lands mentioned in his lease and further that these lands touching which the defendant proceedeth to the common law are not part of the lands demised by the plaintiff's lease but are parcel of the manor purchased by the defendant and have been so tried by verdict and furthermore that the plaintiff himself did heretofore take the same lands of the defendant's father and pay him 30s per year for the same many years together and since his deceased has paid the same rent unto the defendant until the plaintiff in his son's name purchased the inheritance of these lands which himself held by lease a nd then pretends those lands in question to be parcel thereof it is therefore ordered that mr D Swale one of the masters of this court shall consider of the said letter and of the truth of the said information and hear what can be said on either part to which the same and then report to this court what he finds touching some together which with his opinion thereof that further order may be given thereupon as to this court shall be thought mete and in the mean time as well the said injunction is stayed as also that the defendant his counsellors attorneys and solicitors shall forbear to take and proceed with any execution at the common law touching this cause Roth (note) this order was brought to be entered 15.5. in the afternoon of about three of the clock the same day