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Chancery Decrees and Orders (PRO C78/89/5 report: Roger Harlakenden v Jn Bowser)

14.6.38Eliz1 (Monday 14 June 1596)

document 18400123

where Roger Harlakenden of Earls Colne Essex esq hath exhibited his bill of complaint into this honourable court of chancery against Jn Bowser defendant declaring in substance by the same that the right honourable the earl of Oxford that now is being lawfully seised in his demesne as of fee or of some other estate of inheritance of and in the site of the manor of Colne Priory commonly called Colne Priory or Colne House and of and in all the demesne lands tenements and hereditaments with appurtenances thereunto belonging situate and being in Earls Colne and Colne Engaine Essex the said earl being thereof seised by his indenture of demise and grant for the considerations therein specified did demise grant and farm let unto the said complainant amongst other things all that the site of the manor of Colne Priory commonly called Colne Priory or Colne House with all gardens orchards ponds fishings courts yards barns stables buildings and edifices thereunto belonging with divers other things recited in the said bill as by the said indenture dated 2.1.30Eliz1 more at large appeareth and further by his said bill declared that the defendant's father having not long before purchased of the said earl the manor of Sherives near adjoining to the said manor of Colne Priory came to the plaintiff with a letter from sir Xoph Hatton knight late lord chancellor of England praying and requiring him that search might be made amongst his evidences for certain writings which did appertain to the said manor of Sherives and that upon search made that the defendant's father and one     Smith a scrivener of London had taken and conveyed away divers evidences touching the inheritance of the said manor of Colne which the plaintiff had then lately purchased in the name of his son Rich Harlakenden and by colour of having thereof the now defendants have lately entered upon a parcel of grounds called or known by the name of The Gall parcel of the said manor of Colne Priory belonging to the plaintiff and his son and therefore pray process against the defendant to answer to his said bill as by the same remaining of record in this honourable court at large may appear upon which parts the defendant appeared and made his answer saying that the right honourable Edw now earl of Oxford in the bill named about .6.26Eliz1 being seised in his demesne as of fee or of fee tail of and in the manor of Sherives in the county of Essex and of divers lands tenements and hereditaments thereunto belonging and therewith used and occupied did by good and lawful assurance and conveyance in law assure to Rich Bowser deceased father of the said defendant and to his heirs and assigns forever the said manor of Sherives with the appurtenances of which said premises the said parcel of grounds in the said bill of complaint mentioned called The Gawle and divers other parcels of ground then in the plaintiff's possession were parcel as this defendant thought by the virtue thereof the said Rich Bowser was of the said manor and other the premises seised in his demesne as of fee as the defendant verily thought and being so seised did take the issues revenues and profits of the said manor and also the said parcel of ground called The Gawle during his life and demised the said parcel of ground called The Gawle to sundry persons from year to year or at will and amongst other to the said complainant which did continually pay the rent reserved out of the said parcel of ground called The Gawle to the said Rich Bowser during his life and the said Rich died seised of the premises which descended to the defendant as son and heir of the said Rich Bowser and the defendant entered therein to and received the issues and profits thereof and that the said complainant being farmer of the said parcel of ground called The Gawle by the demise of the defendant's father at will or from year to year and since his decease by the demise of the defendant did pay the rent thereupon reserved to the said defendant divers years until about 30Eliz1 or 31Eliz1 the said complainant having purchased or intending to purchase of the said earl of Oxford the said priory of Colne in the bill mentioned then he refused to pay the said rent to the defendant for the said parcel of grounds called The Gawle whereupon the defendant did enter into the same and the plaintiff reentered whereupon the defendant brought his action of trespass at the common law against the said complainant for the cutting down of certain trees growing upon the said parcel of ground in which action the now plaintiff was found guilty by verdict of twelve men and damages were assessed and judgement was given for the defendant against the complainant as by the said answer likewise remaining of record in this honourable court more at large it doth and may appear to which answer the plaintiff replied whereupon the par ties were at issue and witnesses were examined and publication thereof was granted accordingly and afterwards a day was appointed for the hearing of the said cause in this court upon the entering into the hearing whereof in the presence of the said parties and of their counsel learned it appeared that the only chief question between the said parties was whether the parcel of land in question called The Gawle be parcel of the manor of Sherives Essex or of the manor of Colne Priory Essex which point or question is meetest to be tried at the common law where a verdict passed for the defendant against the plaintiff's title before the said plaintiff exhibited his bill into this court it is therefore this present term of trinity that is to say on monday 14.6.38Eliz1 by the right honourable Thos Egerton knight lord keeper of the great seal of England and the court of chancery ordered adjudged and decreed that the matter of the said plaintiff's bill and the defendant's answer and all circumstances touching the same be clearly and absolutely dismissed out of this court to be determined by the course of the common law and because the plaintiff brought the matter into the court after the said verdict had passed against him at the common law and after such time as the plaintiff had taken the said parcel of lands by several leased from the defendant and from his late father and has paid rent to them divers years for the same and yet the plaintiff brought in this court to disprove the defendant's title therefore it is likewise ordered and decreed by the authority aforesaid that the plaintiff shall pay to the defendant 4marks for his costs wrongfully sustained by this suit