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Court of Chancery: Thomas Cooper v Anthony Jackson 1587-91
National Archives, C2/Eliz/C5/55
[page 1]
To the right honourable S(ir) Christopher Hatton knight Lorde Chauncelor of England
Complayninge sheweth unto yo(ur) good Lordshippe yo(ur) dalye orator Thomas Coop(er) of Winsloe in the countye of Buck' Butcher that where one Richard Coop(er) late of Winsloe aforesaid husbandman decessed was lawfully seised
in his demesne as of fee at the will of the lorde accordinge to the custome of the mannor of Winseloe of & in one messuage w(it)h thapp(er)ten(au)ncs and one tofte and certayne lands tenem(en)ts & hereditam(en)ts scituate lyenge and beyinge in the
towne p(ar)ishe and feilds of Winseloe aforesaide & Shipton in the saide countye conteyninge on the wholle about twelve acres all w(hic)h the p(re)miss(es) byn and tyme oute of mynde have byn custumarye and copihold lands & tenem(en)ts holden of the
queenes ma(jesty)s mannor of Winseloe and p(ar)cell of the same mannor w(hi)ch Richard Cooper beyinge of the p(re)miss(es) so seised of long tyme & untyll the tyme of his death contynued his quiet and peaceable possession of all & singuler the p(re)miss(es)
and afterwards aboute [blank] yeers last past died therof so seised by and after whose death all & singuler the p(re)miss(es) discended & came as of right the same ought to discend and come to one Will(ia)m Coop(er) sonne & next heire of
the saide Richard by force wherof the saide Will(ia)m beynge very yonge and of tender years entred by his lawfull garden into all and singuler the p(re)miss(es) accordinge to the custome of the saide mannor and after dyed w(i)thin age in
that sorte lawfully seised of all the p(re)miss(es) in his demesne as of fee accordinge to the custome of the saide mannor and after died so therof seised w(i)thout yssue of his bodye lawfullye begotten generall or speciall by and after whose
death all and singuler the p(re)miss(es) descended and came as of right the same ought to discende & come unto one John Coop(er) as uncle and next heire of the said Will(ia)m that is to saye brother brother of the saide Richard father
of the same Will(ia)m by force wherof the saide John Coop(er) beynge at her ma(jesty)s court holden at the saide mannor of Winsloe about the seaventeenth daye of August in the seaven and twenteth yeare of hir ma(jesty)s raigne [17 August 1585] fyrst p(re)sented
and found next heire to the saide Will(ia)m his nephewe by the homage of the saide courte accordinge to the custome of the saide mannor and admitted ten(a)nte accordinglye entred into all and singuler the p(re)miss(es) and was therof
seised in his demesne as of fee accordinge to the custome of the saide m[an]nor And the saide John Coop(er) beynge so therof seised at the saide court in full and open court surrendered into her ma(jesty)s hands accordinge to the custome of the
saide court by the hands of her highnesse steward there for that tyme beynge all and singuler the p(re)miss(es) to the use of the saide Thomas Coop(er) yo(ur) saide orator and of his heirs accordinge to the custome of the saide mannor whereuppon
yo(ur) saide orator payed his harriott and fyne accustumable in that case due and was admitted ten(a)nte to all and singuler the p(re)miss(es) accordinglye, by force wherof yo(ur) saide orator entred forthw(i)th into all and singuler the p(re)miss(es)
and was thereof lawfullye seised in his demesne as of fee accordinge to the custome of the saide mannor, but so yt is not w(i)thstandinge yf yt shall please yo(ur) good lordshippe that as well diverse and sondrye coppyes of court rolles
of the saide mannor w(hi)ch doe principallye concerne the p(re)misses and by the w(hi)ch the right and interest of in and to the p(re)miss(es) is deduced not onlye to the saide Richard Cooper from his auncesters but also from
the saide Richard Coop(er) to the saide Will(ia)m his sonne and from the saide Will(ia)m to the said John his uncle but allso even the verye coppye of surrender of the saide John Coop(er) made to yo(ur) saide orator and of his saide
admittance to the p(re)miss(es) togeather w(i)th the court rolls beynge the warrants of all and everye of the saide coppyes by sondrye evill corrupt and indirect labors and practizes of one Anthonye Jackson of Winseloe aforesaide
yeoman byn come to the hands and custodye of the saide Anthonye Jackson who by color of havinge and deteyninge of the same and by color of a p(re)tended former surrender \untrulye p(re)tended to be/ made by the saide John Coop(er) of the p(re)miss(es)
w(i)thoute bargayne sale or other com(m)unicacon to one Bampton grounded uppon a marvalouse false and fraudulent platt of dishonest and unlawfull practizes as unto yo(ur) Lordshippe shall be in his due tyme
discovered and unfolded und under that p(re)tended \false & unjust/ originall interest beyinge the best of the verye badde p(re)tended tytle of the saide Anthonye Jackson hath of late most wrongefullye and uniustlye entred into all
and singuler the p(re)miss(es) and thissues and p(ro)ffitts of the same hath most wrongefullye and uniustlye p(er)ceived receeived and taken and \as well/ the same as allso the saide lands tenem(en)ts and hereditam(en)ts doth iniuriouslye and moste
uniustlye deteyne and keepe from yo(ur) saide orator contrarye to all right equitye and good conscience And for the better but the moste uniust mayntenance of his saide p(re)tended tytle in and to the p(re)miss(es) hath of late by waye
of mayntenance verye covenouselye and fraudulentlye demised graunted and conveighed verye manye and diverse and sondrye small p(ar)ts p(ar)cells and quillitts of the p(re)miss(es) to dyverse and sondrye p(er)sons to thend to wearye
yo(ur) saide subiect w(i)th multiplicitye of suits w(hi)ch he Imagineth yo(ur) saide orator must be enforced to use for the recoverye of the p(re)miss(es) and therby hopeth that yo(ur) saide orator will rather desist from the lawfull
p(ro)sequtinge of his iuste right and interest in and to the p(re)miss(es) then w(i)th so greate chardge as he verye vainelye doth p(re)tend p(er)sequute the same And albeyt yo(ur) saide subiect hath verye manye and sondrye tymes as well
[by] him selfe as by dyverse of his friends often intreated and requested the saide Anthonye Jackson as well to delyver to yo(ur) saide orator all the saide all the saide coppyes and to the queenes ma(jesty)s saide stewarde of the saide
[m]annor all the saide courte rolles especiall warrants of the saide coppyes for the better maynten(a)nce and furtherance of yo(ur) saide subiects tytle and interest to the p(re)miss(es) as in all equitye and good
[con]science he ought to doe and to p(er)mitt likewyse and suffer yo(ur) saide orator quietlye to occupye possesse and enioye the p(re)miss(es) accordinge to his iuste right and tytle in and to the same yett these things \evere[?]/
[to] doe and everye of them he the saide Anthonye Jackson hath allwayes hitherto and yett doth styll denye to do contrarye to all right equitye and good conscience And therfore and forasmoche as your saide
orator hath not anye ordinarye wayes nor course by the com(m)on lawes of this realme of England to evict and recover the premisses from the saide Anthonye Jackson and thother
of his foresaide accomplisses, neyther in anye court of record at Westm(inster) nor yett in her ma(jesty)s court Baron incident to her saide highnesse mannor of Winseloe nor the saide coppyes
and therfor is likelye by the sinister platts and devises of the saide Anthonye Jackson to be disherited of the p(re)misses except your good Lordshippe moved w(i)the pyttye in this behalfe towards your
saide orator doe gyve unto him some spedye release herein Maye yt therfore please yo(ur) good Lordhippe to graunte to yo(ur) saide orator the queenes ma(jesty)s moste graciouse writt of subpena to be
directed unto the saide Anthonye Jackson com(m)aundinge him therby uppon some greate payne and at some certayne daye therby to be prefixed p(er)sonallye to appeare before yo(ur) good Lordshippe
in her ma(jesty)s moste honorable courte of chauncerye then and there to aunswer to the p(re)miss(es) and further to stande to and abyde soche further order and direcc(i)on touchinge the p(re)miss(es) as to yo(ur) good
Lordshippe uppon the hearinge of the cause shall seeme best to meete w(it)h the sinister practizes of the saide Anthonye Jackson and other his accomplisses in this behalfe and best to accorde w(it)h equitye
and good conscience And yo(ur) saide orator shall dalye praye to god for the longe contynuance of yo(ur) good Lordshippe in longe lyef w(i)th moche encrease of honor.
[signed] Wyllyams
[page 2]
The answere of Anthony Jackson def(endant) to the bill of Complainte of Thomas Coop(er) compl(ainant)
The said def(endant) by p(ro)testac(i)on not acknowledginge, or confessinge anythinge conteyned in the sayd bill materially or effectuall to be
Answered unto otherwise then ys hereto confessed for Answere sayth that the sayd bill of Complaint and the matters therin conteyned
are most uncertayne and untrue as to charge this def(endant), & further, sayth (tha)t trewe yt ys that one John Coop(er) mencioned in the sayd bill was
seised in his demeasne as of Fee accordinge to \the/ custome of the sayd mannor of Winslowe of & in one message w(i)th thappurtnaunces & certaine
lands & te(name)nts conteyninge about one halfe yard land to the same belonginge, lyinge in Winslowe & Shipton in the Countye of Buck. And he so
beinge seised at the Court \of hir m(ajes)tie/ holden within the sayd mannor of Winslowe in the tenth yere of hir ma(jes)ties Raigne [1567/8] as this def(endant) hath harde did
surrender the said mes(suage) & halff yard land into the hands of the lord to the use of Roberte Bampton & his heires And the said Rob(er)t Bampton
was then & ther admitted tenaunt \as this def(endant) hath hard/ to the same lands to hold to him & his heires accordinge to the custome of the said mannor And the said Rob(er)t
Bampton so beinge seised of the said mesuage & halfe yarde land w(i)th thappurtnaunces accordinge to the custome of the said mannor did after
surrender into the hands of the lord by the hands of the steward, then beinge at the Court holden at Winslowe the xviij day of Julye in
the eleventh yere of hir maj(es)ties Raigne the said mesuage & halfe yard land, named sumtime John Coop(er)s, w(i)th thappurtenaunces to the use of
Anthony Wendelborowe & his heires, to whom the lord at the said Court graunted therof seisin to hold to him & to his heires by the rodd
accordinge to the custome of the said mannor & p(ai)d his Fine & was therof admitted tenaunte, as appeareth by the Copie therof under the
hand of Will(ia)m Umbervile gent then hir ma(jes)ties stewarde of the said mannor And the said Anthonye Wenelborowe so being seised of the
said mesuage & halfe yarde lande accordinge to the custome of the said mannor did after surrender all the said Customarye land belonging
to the said mesuage at the said Courte of the mannor of Winslowe there holden about the xvjth yere of hir ma(jes)ties Raigne into the hands
of the lord of the said mannor to the use of the said def(endant) and of his heires, of which lande the lord of the said mannor at the said Courte
did gra(n)te seisin to this def(endant) to holde to him & to his heires by the rodd accordinge to the custome of the same mannor & therunto was then
& there admitted tenante accordinglye. And by force therof did enter into the same lande & did take the p(ro)fitts therof as was lawfull for
him to doe. And the said mesuage w(i)th the appurtnaunces and the orchard therto belonginge the said Anthony Wenelborow at the Court
of the said mannor of Winslowe there holden in the xvijth yere of hir ma(jes)ties Raigne did surrender into the hands of the lord to the
to the use of Thomas Elborne his heires & ass(igns), who was at the same Courte admitted tenante therto to him hieres and assignes
by the rodd accordinge to the custome of the \said/ mannor, by force wherof the said Thomas Elborne entered into the same p(re)missis & was
therof seisid in Fee accordinge to the custome of the sayd mannor, & so beinge seised at the Courte of the said mannor of Winslowe holden in the
xvj yere of hir ma(jes)ties Raigne did surrender the same mesuage & orchard w(i)th thappurtnaunces to the use of Will(ia)m Jackson & his heires to
whom at the same Corte the lord by his steward graunted seisin to hold to him & his heires accordinge to the custome of the said mannor &
therunto then & there was admitted tenante accordinglye, by force wherof the said Will(ia)m Jackson entered into the same mesuage & orchard &
was therof seised accordinge to the custome of the said mannor and so beinge seisid did after at the Courte of the said mannor holden
at Winslowe surrender the same to the use of the use of \of one p(ar)te [deletion] and his heires , who was admitted tena(n)t & after surrendered the same to the use/ of the said def(endant) & his heires to whom the lord granted therof seisin to hold to
him & his heires at will of the lord by the rodd accordinge to the custome of the said mannor, & was therunto admitted tenante accordinglye
by force wherof he this def(endant) entered into the said mesuage & orcharde & hath taken the yssues & p(ro)fitts therof as was lawfull for him to doe
w(i)thout that (tha)t \the said John Coper did or mighte lawfully surrender the said customary land to the pl(aintiff) as in the said bill is alledged or that/ the sayd def(endant) hath directlye or indirectlye by any practise had w(i)th Bampton & others gotten into his hands any Corte
rolls or Copies of Corte rolls concerninge the p(re)misses w(hi)ch do belonge to the pl(aintiff) or do concerne his p(re)tended Interest, or the very Copye
of the surrender supposed by the said bill to be made by the said John Cop(er) to the pl(aintiff) as in the sayd bill ys most slanderouslye & untruelye
alledged And w(i)thout that that any other matter or thinge conteyned in the said bill materiall or effectuall to be answered unto &
herein not sufficientlye confessed & avoyded traversed or denyed ys trewe all w(hi)ch matters the said def(endant) ys redye to averr & prove
as this honorable Corte shall award & prayeth to be dismissed w(i)th his costs in this behalff wrongfully susteyned
[signed] Palmer
Notes
Sir Christopher Hatton was Lord Chancellor from May 1587, and died Nov. 1591. The case must therefore date from those years.
quillett: a small plot or narrow piece of land (OED)