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Chancery Depositions - copy (ERO D/DPr424)

1593# (date uncertain) (1593)

document 67300005

the answer of Roger Harlakenden esq defendant for (torn) to the bill of complaint of the right honourable earl of Oxford complainant the said defendant by protestation not concession or acknowledging anything in the said bill of complaint contained material or effectual for him the said defendant to answer unto to be true in such manner and form as the same is in and by the said bill of complaint set forth and alleged and saving to himself now and at all times hereafter all advantage of exception to the uncertainties and insufficiencies in the said bill for full and perfect answer hereunto forasmuch as containeth he this defendant saith that the said complainant by indenture bearing date 15.9.26Eliz1 that now is made between him the said complainant on the one part and the said defendant on the other part therefore in consideration of a great sum of money to him by the said defendant paid did bargain and sell to the said defendant his heirs and assigns the manor lordship and or seigniory of Earls Colne in the county of Essex with all rights members and apps thereunto belonging or appertaining also all the charters evidences writings muniments rentals court rolls and terriers of all concerning the said manor lordship or seigniory or in anywise belonging or appertaining to the same or to any part or parcel thereof as by the indenture this defendant for more certainty refereth himself it doth or may appear by virtue whereof the said defendant was and yet is lawfully seised in his demesne as of fee and in the same manor lordship or seigniory of Earls Colne and of all other the premises to him bargained and sold by the said indenture of bargain and sale as aforesaid and also was and yet is lawfully possessed of and in all the charters evidence writing muniments rentals court rolls and terriers and did come to the said defendants hands by the said bargain and sale to which the said manor or lordship or seigniory of Earls Colne premises herewith bargained and sold by the said indenture or any part or parcel thereof all which the said defendant doth detain and keep to and for his own use for the maintenance and preservation of his right and title of inheritance to the same manor and lordship or seigniory and premises as lawfully he may do and the said defendant further said that the said complainant did likewise by one other indenture bearing date 7.2.34Eliz1 made between the said complainant on the one part and one Rich Herlakinden the said defendant's son on the other part in consideration of a great sum of money to him paid by the said defendant and his said son bargain and sell to the Rich Herlakinden his heirs and assigns the site of the late house priory or monastery of Earls Colne in the said county of Essex and the manor or lordship of Colne Priory with all the rights members and apps thereunto belonging and also the rectory or parsonage of Earls Colne and divers other messuages lands and tenements in the same indenture mentions together also with all and all manner of deeds charters evidence letters indentures writings receipts and all muniments concerning the same manor rectory and premises only any part or parcel thereof as by the same indenture now at large doth and may appear whereunto for more certainty though this defendant refereth himself by virtue whereof the said defendant by assent of the same the said Rich Herlakinden his son had to him delivered for the use and behoof of the same Rich interest charters evidence writing muniments rentals court rolls and terriers which only concern the said last mentioned premises or only some part or parcel thereof all which the said defendant likewise hath and doth keep and detain for the use of the said Rich Herlakinden his son and for the better preservation and maintenance of the said Rich Herlakinden his title and interest to the said premises so to him bargained and sold by the said complainant as aforesaid and the said defendant further saith that the said complainant did by good conveyance and assurance in law as he taketh it bargain and sell convey and assure to the right honourable the late lord Burghley late lord high treasurer of England or to some other person or persons by him appointed the inheritance of honour manor castle and parks of Hedingham and of divers other manors in Castle Hedingham and Hedingham Sible in the said county of Essex and of the late dissolved priory and manor of Hedingham with all the lands tenements and hereditaments unto the said honour manor priory or nunnery belonging or appertaining and also all other evidence charters rentals court rolls and other writings touching or in any wise concerning the same or any part or parcel thereof as by the writing of assurance thereof whereunto the said defendant for more certainty therein refereth himself or at large may appear after which bargain sale and assurance so made of all and singular of the said last mentioned premises to the said lord Burghley the said complainant by a warranty in writing under his own hand ready to be showed forth unto this honourable court certifying where he had sold unto his very good lord the lord Burghley the honour manor castle and parks of Hedingham and also the nunnery of Hedingham with the lands tenements and hereditaments unto the said honour and nunnery together with all evidence charters rentals court rolls other writings concerning the same did will and require the said defendant and also authorised him to deliver unto the said lord Burghley or his assigns all such evidence rentals court rolls surveys accounts and all other references in writing whatsoever which this defendant hath in his custody or charge and value concerning the premises or any part thereof and the said defendant saith that at the time of the receipt of the said warrant and before he the said defendant had in his keeping and charge divers evidences and charters and ledger books and other containing touching concerning the said premises sold to the said lord Burghley or to some others by his appointment and the said defendant further saith that he the same defendant did deliver according to the said warrant at several times to the said late lord Burghley and to some other appointed by him for to receive the same for and to his use divers of the same evidence and writing touching the said premises to him sold as aforesaid or some part thereof and some others of the same evidence and writing the said late lord Burghley having after his purchase of the premises made and appointed the said defendant to be his receiver of the said honour manor and premises to him sold by the said complainant as aforesaid did all his lifetime permit and suffer to continue and remain in the said defendant's custody for the use of him and such others as shall have the said lands after his decease to whom the said defendant saith he is answerable for the said evidence and writing and to none other as he taketh it and the said defendant further saith that the said complainant having by good conveyance in law granted conveyed and assured unto Jerom Weston esq and his heirs the manor of Barwickhall and the rectory or parsonage of White Colne with their apps in the county of Essex sometime parcel of the said late dissolved priory of Colne as by the conveyance thereof to the said Jerom Weston whereunto the said defendant refereth himself for more certainty doth appear and after the said assurance thereof made another warrant in writing unto his own hand require the said defendant having then in his custody certain evidence and writing which did concern the said premises by the said complainant conveyed as aforesaid to the said Jerom Weston to deliver unto the said Jerom Weston all such trusts evidence (torn) court rolls rentals and writing as did belong appertain or concern the same or any part therein and to suffer him to copy and to take out copy of all such other writings and evidence as did concern the same among other manors lands tenements and hereditaments as by the said complainant's said warrant more plainly may appear whereunto for more certainty this defendant refereth himself according to which the said grant assurance and warrant the said defendant hath delivered and is to deliver unto the said Jerom Weston and his heirs all the writing of the said complainant's that he the said defendant hath in his keeping touching the said manor of Barwickhall and the said rectory of White Colne and premises thereunto belonging according to the intent of the said warrant evidence and writing of the said complainant's he could find there remaining in the custody of the said defendant which the said Robt Cobbe did accordingly and thereupon said Robt Cobbe brought unto this defendant a note under the handwriting of the said Simon Ive for the receipt of such evidence and writings as the said Robt Cobbe had delivered as unto him the particular parcels whereof are expressed in a schedule to this answer annexed as the same are and this defendant further saith that by virtue of all other warrants in writing under the hand and seal of the said complainant to him the said defendant directed which could long after the said warrant and several sales of several manors evidence and premises before mentioned bearing date the 18.10.1593 whereby the said defendant was required to deliver unto Simon Ive one other of the defendants in said bill of complaint named and the said complainant's servant all the said complainant's deeds receipts muniments and writings which were delivered (torn) the said defendant either by Jn Tanner Nich Bleake or any other as by the said warrant whereunto the said defendant refereth himself may appear he the said defendant did copy# one Robt Cobbe this defendant's servant to search out and deliver unto the said Simon Ive such evidences and writings of the said complainant's as he could find then remaining in the custody of the said defendant which the said Robt Cobbe did accordingly and thereupon the said Robt Cobbe brought unto this defendant a note under the handwriting of the said Simon Ive for the receipt of such evidence in writing as the said Robt Cobbe had delivered now unto him the particular parcels whereof are expressed in a schedule to this answer annexed as the same are mentioned and set down in the note made in the handwriting of the said Simon Ive and the said defendant saith that he the said defendant hath in his keeping divers other parcels of evidences and writings which were not found at the said former search whereof some do concern the manor of Bretts in West Ham in the said county of Essex and the said complainant himself did purchase and some other do concern the complainant's earldom of Oxenforde and his office of great chamberlain of England the particulars or which writings and evidences do appear and are set down in writing under the said defendant's answer which the said defendant can and will be ready to deliver unto the said complainant as this honourable court shall award and further saith that to his knowledge he hath or at any time of the bill exhibited had in his hands or keeping neither doth there remain in the said defendants hands or keeping or in any of the hands or keeping of any other by the said defendant constitute previous assent delivery appointment or procurement to the said defendant's knowledge and letters patent charters evidence ledger books court rolls rentals receipt muniments concerning the manors lands tenements or hereditaments in the said bill illegible text pertaining to the said complainant then such as before been by these presents mentioned or expressed