[an error occurred while processing this directive]

Star Chamber (PRO STAC5/H57/10 Roger Harlakenden v Robt and Simon Ives)

12.10.1587 (Thursday 12 October 1587)

document 19000228

complaint of Roger Harlakenden of Earls Colne esq that whereas the right honourable Edw Veer earl of Oxford being lawfully seised in his demesne as of fee or fee tail of certain enclosed grounds or park commonly called Colne Park in the said county so being seised by his sufficient deed indented 1.10.16Eliz1 for and in consideration of a certain sum of money did bargain and sell to Thos Bareffotte of Lambourne gentleman Thos Luther of Stapleford Dawley Jn Collin and Edm Tavener then of Kelvedon in Essex yeomen one thousand one hundred timber trees of oak to be taken at their election of their executors administrators and assigns over and besides six score and six trees fifty trees and also other three score trees by the said earl before granted to several persons as in the said recited indenture is mentioned all which trees so sold were standing and being in the said park and whereas also the earl being also so seised of the park by his other sufficient deed so indented dated 22.12.17Eliz1 for divers considerations him especially moving did demise grant and farm let to the said Thos Bareffotte Thos Luther and Jn Collin all that the said enclosed ground or park before mentioned with one piece of meadow within the park with all houses buildings lands pastures meadows etc with appurtenances to the park and to the meadow appertaining or belonging except and reserved to the earl and his heirs such and so many of the woods and underwoods and timber trees then growing in the park as be not by the first recited indenture bargained and sold to the said Thos Bareffotte Thos Luther Jn Collin and Edm Tavener nor by any former grant bargain sold given or granted to Edw Bell esq Arth Mylles or Thos Grome gentleman to have and to hold the enclosed the foresaid ground or park and all the premises unto Thos Barreffotte Thos Luther and Jn Collin etc from the feast of annunciation ensuing after the date of the last before recited indenture to the end of twenty one years then next following yielding to the earl and his assigns four score pounds money (80li) at the feast of michaelmas and the annunciation by even portions as by the indenture at large does appear by force whereof they entered and were possessed accordingly after which demise to Thos Thos and Jn Collin as aforesaid and before 15.7.26Eliz1 Collin being jointly possessed of the park as aforesaid assigned all his interest in the park and other premises to Antho Luther son of Thos Luther after which demise of twenty one years and assignment of Collin to Antho the earl being seised of the reversion as before is rehearsed for and in consideration of divers sums of money in about .5.24Eliz1 did bargain and sell to Thos Bareffotte Thos Luther and Antho Luther about one thousand two hundred timber trees more then standing and growing within and upon the park and enclosed ground Thos Bareffotte Thos Luther and Antho Luther being so possessed of the park and other the premises by their deed of indenture 15.7.26Eliz1 for good considerations did demise grant and farm let to Jn Bragge of Earls Colne all that the Great Lodge situated within the park with 380a of land and pasture parcel of the park Colne Park lying and being within the pales and enclosures thereof and near adjoining the Lodge except and reserved out of the demised premises all manner of timber trees standing or falling and which afterwards should be fallen and upon the premises and the wood and timber thereof coming together and full egress and ingress into and out of the premises and every part thereof to the said Thos Thos and Antho their executors and assigns and their workmen for the felling hewing breaking out sawing cutting squaring carriage and recarriage as well of any and every of the trees wood timber and every or any part thereof and also for the carriage and conveyance of brick and tiles made within any part of the enclosed ground or park at all and every time at their pleasures together with free liberty to make and dig such and so many saw pits for the sawing of the trees or any part thereof as the said Thos Thos and Antho their executors and assigns or their workmen shall be thought needful to have and to hold the lodge and the 380a of land and pasture and appurtenances except before excepted to Jn Bragge his executors and assigns from 30.9.26Eliz1 next ensuing the date of the last recited indenture of demise for the full term of eleven years next ensuing yielding yearly to Thos Thos and Antho their executors and assigns to whom the reversion of the last half year of the above lease of twenty one years of all the park and enclosed grounds as aforesaid to be demised is expectant and of right belonging and to Jn Bragge by his deed indented dated 15.7.26Eliz1 did covenant and grant for him his executors and assigns to and with Thos Thos and Antho his executors and assigns that he Jn Bragge shall quietly and peaceably from time to time during the last recited term of eleven years suffer and permit Thos Thos and Antho and every of them and workmen and labourers to fell clear hew cut saw and carry away in of and from the 380a of ground demised to Jn Bragge all and every such tree and trees and every part and parcel thereof at all and every time and times during the term of eleven years at the leasures of Thos Thos and Antho their executors etc as any of them shall think mete or be minded to fell hew cut carry away in or from or out of the premises which lastly was recited to be demised as before mentioned moreover also that he Jn Bragge etc or the servant or servants of any of them shall not at any time without the special license or agreement of Thos Thos and Antho first had in writing fell cut dig upon stub up any timber trees standing and growing nor upon the last recited demised premises nor upon any other tree or trees whereby Thos Thos and Antho may in any ways be damnified or indamnified nor do or suffer to be done so far as him or them lieth any act or acts thing or things contrary or repugnant to any such covenants grants articles and agreements or any of them as are contained and comprised in the first recited indenture made between the earl and the said Thos Thos and Jn Collin nor shall not at any time do or suffer to be done any act or acts or things which shall or may procure or cause the forfeiture loss determinant or determination of the lease of twenty one years which said estate whole term and interest of Jn Bragge the said Jn Bragge assigned over to Robt Ive of Earls Colne about two years since by force whereof he was and now is possessed accordingly and Thos Thos and Antho having the interest of the reversion of one half year depending upon their demise of eleven years made to Jn Bragge and being possessed of the interest of the reversion and likewise the lawful possession and interest of such and so many of the timber trees which were then standing and growing within the park and sold to them by the earl as before mentioned about .8.26Eliz1 in consideration of a certain sum of money did amongst other things bargain and sell assign and set over the said reversion by the name of all their estate term lease and interest for years yet to come of in or to the enclosed ground or park to one Hen Josselin of Willingaldowe in Essex by virtue whereof he was and in possessed thereof and at that time likewise lawfully bargained and sold to him the timber trees which they had then of right bought of the earl and the earl being seised of the reversion of the park or enclosed ground Colne Park in his demesne as of fee or fee tail pending or expecting upon the recited lease or demise of twenty one years made by the earl he being so seised by his deed bearing date 17.11.26Eliz1 and also by other good conveyances and assurances for consideration of a certain sum of money did bargain and sell to him the complainant all the said parcel of enclosed ground commonly called Colne Park and all right title and interest that the earl then had in any part thereof to have and to hold the same to him the complainant his heirs etc forever by force whereof he was and is seised thereof and being so seised and also possessed of the timber trees by him bought and the said Hen Josselin being possessed of the interest of the reversion depending upon the lease of eleven years as before mentioned and the foresaid Robt Ive being likewise possessed of the Lodge and 380a of land assigned by Jn Bragge he the complainant about xmas.last did lawfully bargain and sell divers and sundry of the timber trees as well by him bought as also excepting and reserving by the earl which then were growing and standing or being upon the 380a of land to Thos Kelton gentleman and Robt Reade yeoman of Earls Colne who upon 11.4.last about eight of the clock in the forenoon in peaceable manner sent their workmen and servants with horses and carts to fetch and take away certain of the timber sold to them of and from the parcel of 380a of land and the same being loaden and put in the carts ready to be brought away they their said workmen and servants in peaceable manner then being upon the lands and bringing the same away the said Robt Ive and Fynet his wife with Eliachim Ive and Simon Ive his two sons and divers others as yet unknown to the complainant unlawfully and contrary to the covenants and agreements exceptions and reservations in the indenture before mentioned and contrary to the statutes of the realm riotously routously forcibly and in warlike manner the 11.4. about seven or eight of the clock in the forenoon assembled themselves together arrayed themselves with divers and sundry weapons that is to say with clubs forest bills pitchforks bow and arrows and other weapons soldier like and so being arrayed did in like riotous forcible and warlike manner come to the workmen labourers and carriers of the timber and wood being upon a parcel of the 380a of land at the time aforesaid and then and there with force arms not only riotously and unlawfully did assault and evil entreat the servants workmen and carriers and rescued the carriage of the timber and wood so loaden and ready to be brought away but also did then and there assault beat down and evil entreat and sore hurt Robt Reade who for that he had wrought part of the wood and timber with the cart was then loaden besides other timber and wood there growing and quietly and peaceably in the company of the carriers and labourers and bringers of the timber and required the riotous persons to depart without committing any unlawful act contrary to laws and that they might in peaceable manner pass with their carriage whereupon some of the riotous persons vaunted themselves and said they would not leave of their enterprise nor yet suffer them to pass with their carriage to the end with much ado the passed with the same in danger of their lives being assaulted hurt and evil entreated as before mentioned contrary to peace and statutes by reason of which riotous behaviour as well he the complainant as also such whom he has sold timber unto and wood unto growing and being upon the said lands are very much damnified and hindered for so it is they are put in such bodily fear by the riotous persons that they dare not f etch away the wood and timber which they had bought of the complainant he being desirous to keep the peace would not with force again encounter the riotous persons to the further breach of the peace but rather call them before her majesty in the court of star chamber there to be justiced and corrected according to law asks for subpoena to be delivered to Robt Ive Fynett his wife Eliachim Ive and Simon Ive to appear etc