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Court of Wards (PRO WARD13/174 Earl of Oxford v: Rich Harlakenden etc)

7.11.1639 (Thursday 7 November 1639)

document 20100209

(right edge damaged) the several answer of Rich Harlakenden esq one of the defendants to the information of sir Rowl Wandesford knight his majesty's attorney of his highnesses court of wards and liveries proffered on the behalf of the right honourable Aubery earl of Oxford his majesty's ward complainant the defendant saving to himself all advantages of exception etc he answereth and saith that he believeth it to be true that the right honourable Edw late earl of Oxford in the said information mentioned was lawfully seised of some estate of inheritance of and in the manors of Earls Colne and Colne Priory and of and in the priory house site circuit and precinct of the house and late priory of the monastery of st mary and st john the evangelist in Earls Colne and of and in the church bellhouse and churchyard of the said priory and monastery and of and in the messuages houses barns orchards ponds etc to the said monastery or priory belonging and of and in the lands tenements meadows pastures courts leets views of frankpledge liberties etc to the said monastery and manors severally belonging or reputed as parcel thereof in the said information mentioned and of and in the rectory of Earls Colne with appurtenances and in the advowson of the vicarage of Earls Colne and in the meadow called Hall Meadow in the said information mentioned and the said defendant further saith that the said late earl being so seised of the said manors of Earls Colne and Colne Priory and premises for good and valuable consideration by his deed indented made between the said earl of the one part and Roger Harlakenden grandfather of the said defendant on the other part bearing date 15.9.26Eliz1 and by other assurances thereof lawfully executed did grant bargain and sell to the said Roger Harlakenden his heirs and assigns to his and their use all the manor or lordship of Earls Colne aforesaid with demesne lands and tenements with reversions to the same as well in the hands of farmers and tenants as of customary tenants and all and singular the meadows underwoods commons waters wastes knights fees wards marriages reliefs escheats warrens waifs strays felon's goods and chattels liberties franchises court leets and perquisites of courts advowsons and hereditaments to the said manor belonging or reputed as parcel thereof and in and by the said deed the said earl did for himself his heirs executors and administrators covenant promise and grant to and with the said Roger Harlakenden his heirs and assigns that the said manor of Earls Colne and all and singular the lands and hereditaments in the said recited deed granted then were fully and clearly acquitted or otherwise sufficiently discharged or saved harmless and so forever should continue all former bargains sales gifts entails etc had made or done by the said earl or any of his ancestors as by the said deed of sale in due form of law enrolled in his majesty's court of chancery within six months according to the statute in that case made and provided and the other conveyances thereof made more at large it doth and may appear and the said defendant further saith that the said Edw earl of Oxford being seised as aforesaid of the said manor of Colne Priory and other the premises by his deed indented of bargain and sale between the said earl on the one part and the said Rich Harlakenden gentleman the son and heir apparent of the said Roger Harlakenden father of the said defendant bearing date 7.2.34Eliz1 and by other assurances thereof executed did for a great and valuable consideration give grant bargain and sell to the said Rich Harlakenden and his heirs to the use of the said Rich Harlakenden and his heirs all the site and ground walk circuit precinct house and late priory or monastery of the blessed mary the virgin and st john the evangelist of Earls Colne and all the house of the late priory of Earls Colne aforesaid and all the church and churchyard of the said late priory or monastery and all those houses messuages edifices barns granges dovehouses etc within the compass and circuit of the same late monastery as without the compass of the same to the same late priory or monastery appertaining and all the manors or lordship of Colne otherwise called the lordship of Colne Priory Essex and all the said rectory and parsonage of Earls Colne Essex and the said advowson of the vicarage there with their and every of their rights members liberties and appurtenances and all and singular messuages granges farms lands etc advowsons patronages of churches chapels and vicarages rectories glebes portions etc tithes of corn grain and hay and other tithes whatsoever courts leet hund reds royalties goods waived goods and felons and fugitives fairs markets wards marriages reliefs estreats annuities fee farms knights fees franchises liberties profits commodities and hereditaments whatsoever with the appurtenances situate lying and being happening renewing and coming in the towns fields hamlets parishes or places of Earls Colne Aldham Essex Lavenham Sible Hedingham Maplestead Magna Maplestead Parva Mount Buers and Halstead or elsewhere wheresoever the said manor or lordship rectory and vicarage or any of them belonging or anywise appertaining or them or any of them or any parts thereof usually occupied or reputed or known as any parcel or member of them or any of them etc reversions remainders etc all deeds evidences letters patents etc and the said earl in and by the said deed did for himself his heirs executors and administrators covenant promise and grant to and with the said Rich Harlakenden his heirs and assigns that the said premises intended to be bargained and sold and by the said recited indenture then were and be and at all times then thereafter forever shall be and continue unto the said Rich Harlakenden his heirs and assigns free clear and absolutely acquitted and otherwise by the said earl his heirs executors or administrators sufficiently saved harmless of and from all and all manner bargain sale gifts recognizances statute merchant and of the staple judgements executions and encumbrances whatsoever may be had committed done etc by the said earl or his assigns or by any other person or persons by his or their means or procurement as by the last recited indenture in due form of law enrolled in his majesty's high court of chancery within six months according to the form of the statute in that case made and provided more at large it doth appear by virtue whereof the said Roger Harlakenden and Rich Harlakenden did enter respectively into the said manors and premises so conveyed as aforesaid and were thereof seised to them and their heirs respectively and this defendant further saith that after the decease of the said Roger Harlakenden the said manor of Earls Colne and premises so conveyed to him aforesaid did descend and come as this defendant believeth to the said Rich Harlakenden his son who entered into the same and thereof died seised as this defendant believeth by and after whose decease the said manor and premises so conveyed as aforesaid except the meadow called Hall Meadow and such other parcels of the premises as were conveyed by the said Roger Harlakenden to others in his lifetime and by the said Rich Harlakenden in his lifetime or by their or either of their last wills or testament did descend and come to he said defendant who entered into the same or some part thereof as under the favour of this honourable court it was lawful for him to do without that that to this defendant's knowledge the said Edw late earl of Oxford was seised of the said manors and premises or any part thereof to him and the heirs of his body the remainder thereof to Aubery de Vere his uncle in the said information mentioned and the heirs male of his body and without that that the said manors and premises or any of them or any other manors lands or hereditaments in the information mentioned were to this defendant's knowledge anciently in the possession or inheritance of the said earldom and honour of Oxford or parcel or member thereof and this defendant further saith that he believeth but certainly knoweth not that the said Edw late earl of Oxford was seised of other manors lands and hereditaments in the said information mentioned and he believeth it to be true that the said earl was indebted to Israel Amyse in the said information mentioned by the several recognizances statutes and bonds as in the said information is alleged and he hath heard but knoweth not that the said Israel Amyse was dealer or receiver in and of the said earl's estate or some part thereof but for what time or whether the said Israel Amyse was indebted to the said earl in any sums of money this defendant knoweth not but believeth to be true that the said Israel Amyse was outlawed as in the said information is alleged and that by virtue of two writs of extent or some process and by inquisitions thereupon taken the said manors lands and tenements in the said information mentioned or some of them were extended and taken into the hands of our late sovereign lady queen Elizabeth as in the said information is alleged and that the said queen did by her letters patent in the information mentioned at the humble suit of the said earl and with the consent of the said Israel Amyse grant and demise to Jn Drawater and Jn Holmes in the information mentioned the said manors of Earls Colne and Colne Priory and other manors lands and hereditaments in the information mentioned for and during the term of one hundred years but whether the said grant was in trust for the said earl or whether the said Jn Drawater and Jn Holmes together with the said Israel Amyse were persons in trust for the said earl this defendant knoweth not but the said defendant believeth if any such grant was in trust for the said earl the said earl did never intend to make any advantage to himself by the said letters patent against the said Roger Harlakenden and Rich Harlakenden or either of them or their or either of their heirs or assigns or to take the rents and profits of the said manors and premises so conveyed to them respectively but did sue for the said letters patents out of an honourable desire that their several estates in the said manors and premises might be protected and saved harmless from the said several statutes recognizances and extents according to his covenant in the said several deeds of bargain and sale mentioned and expressed and in further pursuance and execution of the said honourable desire and intention the said Jn Drawater and Jn Holmes did as this defendant believeth and hopeth to prove by and with the consent of the said Edw earl of Oxford and by his direction and with the consent of Israel Amyse by their deed indented bearing date 16.6.34Eliz1 for and in consideration of the sum of 200li to them in hand paid by the said Roger Harlakenden grant bargain and sell to the said Roger Harlakenden his executors and assigns all the estate right interest claim and demand of the said Jn Drawater and Jn Holmes or either of them in and unto the said house of the said late priory and site ground walk circuit precinct of the said late priory of Colne and of in and unto the belfry and churchyard of the aid priory and the messuages houses edifices etc and unto the said manor of Colne alias Colne Priory and the lands tenements meadows feeding etc to the site of the said priory or the said manor or either of them belonging or with them or any of them occupied or reputed as part or parcel of the same or any part thereof and in and to the said vicarage and chapel of Earls Colne with appurtenances and the advowson patronage donation rectory vicarage and chapel of Earls Colne and the right and patronage of the same and of and unto all and singular the said glebe and tithes to the said rectory vicarage and chapel belonging and of and in and unto the manors messuages land and tenements etc belonging unto the site of the late priory of Earls Colne etc and of and unto the demesne lands manor and park of Earls Colne and the said meadow called Hall Meadow and lands tenements and meadows feedings pastures etc and unto all pensions and portions of tithes issuing and coming from etc to have and to hold the same to the said Roger Harlakenden his executors and assigns in as large and ample a manner as the said Jn Drawater and Jn Holmes or either of them may can or might occupy and enjoy the same by force of the said letters patent and by the said deed reference thereunto being had it doth may and more at large appear without that that to this defendant's knowledge the said earl died possessed of the said lease or the remainder in tail of the said premises or any part thereof or that after his decease Hen late earl of Oxford entered into the same manors and premises or was thereof seised or possessed and without that the said manors and premises did descend and come to the right honourable Robt late earl of Oxford in the information mentioned or that he was thereof seised or that from or after his decease the same did descend and come or of right ought to come to the said right honourable Aubery earl of Oxford his majesty's ward and without that that his majesty is entitled to the rents issues and profits to the same manors and premises and any part thereof and without that that the said Jn Holmes died possessed of the said lease in trust as in the information is alleged to this defendant's knowledge and without that to this defendant's knowledge administration is granted of the goods and chattels and credits of the said Jn Holmes or of the said Israel Amyse or of either of them to Thos Bancroft in the said information mentioned in trust for the said Aubery earl of Oxford or that his majesty hath granted to Fabian Phillips and Jn Cudworth for the use of the said Aubery earl of Oxford for the said bonds recognizances and several debts and sums of money in the said information mentioned due to his majesty by reason of the outlawry of the said Israel Amyse in the extents aforesaid or the honours lands manors and hereditaments or any of them in the said extents or inquisitions mentioned and as the said information is alleged and without that that the said leases made to the said Jn Drawater and Jn Holmes is forfeited to this defendant's knowledge without that that this defendant to his knowledge hath in his possession any letters patent charters evidences etc concerning the said manors lands and hereditaments in the said information mentioned except such letters patent and writings which do concern the manors of Earls Colne and Colne Priory and other the premises granted as aforesaid to his said grandfather and father which under the favour of this honourable court he just justify to have and keep for the maintenance of his estate of in and unto the same and without that that he hath intruded upon the said lands manors and tenements in the said information mentioned or any part thereof or hath wrongfully and without title taken the rents and profits thereof to his knowledge or doth claim any estate in any other the manors lands and tenements in the said information except such as were conveyed to his said ancestors as aforesaid or hath made any estate of the same to the disinheri son of the said Aubery earl of Oxford and without that that any other matter or thing etc