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

1=.5.29Eliz1 (May 1587)

document 19000549

the joint and several answers of Robt Ive and Eliachim Ive two of the defendants of the bill of Roger Harlakenden answer that the bill is untrue etc and devised by the complainant and Kelton and Robt Read with other confederates as they think to put them to vexation and costs etc say either of them for himself that it is true that the earl of Oxford was seised in his demesne as of fee or fee tail to the enclosed ground or park Colne Park as in the bill mentioned (then the transfers of land as has appeared both in Roger Harlakenden's complaint and the mother's and wife's defence) further they say they think the complainant did bargain and sell some of the timber trees standing and growing upon the 380a land or pasture part of the enclosed ground or park in the bill specified to Thos Kelton and Robt Read and Robt Ive and Eliachim Ive either of them for himself says that they be not guilty of the riots routs assaults and evil entreatings in the manner and form as the complainant in his bill has untruly and slanderously alleged and whereas further the complainant has alleged that Robt Reed required the now defendants by the name of riotous persons to depart without committing any unlawful act contrary to her majesty's laws and that they might in peaceable manner pass with their carriage whereunto some of the persons named in the bill to be riotous the complainant not naming the persons in the bill certain vaunted themselves and said they would not leave of their enterprise nor yet suffer them to pass with their carriages but that in the end with much ado they passed with the same in danger of their lives being assaulted hurt and evil entreated contrary to laws the defendant Robt Ive for perfecter and better declaration of the truth and to the intent it may evidently and manifestly appear to this court how untruly the complainant has alleged the same and how untruly and wrongfully the defendants are vexed and molested at great costs and charges says that a little before the time that the supposed riot was made by the defendants he heard that the complainant together with Kelton Read and others would come and beat down a gate standing between a close Little Westye and a field sown with wheat and with mislen adjacent to the said close and would bring through the cornfield their wood and timber being in a close Great Westye all of which closes are parcel of the 380a land and pasture devised and assigned which these defendants thought they might not lawfully do for that there were two other as sufficient and convenient ways for them to carry the timber and the wood thereof coming of and from the closed the Great Westlye and for that also Thos Burfoot Thos Luther and Antho Luther did by their covenant before rehearsed covenant and grant to and with the said Jn Bragg his administrators executors and assigns whose assignee Robt Ive was that they should do their best endeavour that the corn of Jn Bragg is executors etc be not hurt or spoiled by the felling or carrying of the trees after which that is to say the same day wherein it is supposed by the complainant the riot to be committed by the defendants Eliachim Ive being at the plough in a fallow field parcel of the 380a land and pasture Robt Read came to him charging him to open the gate leading into the cornfield who answered as he now remembers he would not neither should they come that way seeing that there were two other sufficient and convenient ways for them as is aforesaid or words to that effect Reed answered stoutly that if he would not open it they would beat it down or words to that effect and so went his way whereupon Eliachim Ive went home and told Robt Ive and Simon Ive what Reed had said and Robt and Simon in peaceable manner came to the gate before Read was come thither supposing that the complainant Kelton Read and divers others which he had heard before would come to beat down the gate would have come to have done the same Robt Ive being a man of about 68yr and of small stature not like to make any such riot having in his hand a pitchfork which he did oftentimes use for his necessary business and Simon Ive a pikestaff thither came afterwards likewise Fynett wife of Robt Ive a woman of about 68yr without any weapon supposed by the untrue bill to be a riotous person after all which came Read and one Brooke and one Robt# Waller and one other whose name he does not know with the cart laden as aforesaid to the gate whereas they might have come either of the other two ways having laid upon the cart as Robt Ive now remembers a pikestaff and a pitchfork and an axe meaning it would seem to beat down the gate with force and by chance as he thinks there was present one mr Wordsworth servant to sir Xoph Hatton knight now lord chancellor of England Read being come to the gate commanded to open the gate which the defendant Robt Ive gently denied as he thinks he might lawfully do whereupon Read seemed to encourage those that were with him to take down the weapons from the cart saying "come let us stand to our tacklings" or such words afterwards better considering of the matter he did not and Read and Robt Ive quietly talked of the matter without any manner of blows either stricken or offered on either party in the end mr Wordsworth requested Robt Ive that he would suffer them to pass for that time seeing that the cart was come there to the gate and Robt Ive sent one that came with the cart for the key to his house to open the gate at the request of mr Wordsworth then the gate being opened they passed quietly without any such assaulting beating wounding as in the bill is falsely surmised without that the defendant did unlawfully and contrary to the statutes of the realm and the peace of her majesty riotously and contentiously forcibly and in warlike manner assemble themselves together and in riotous and warlike manner come to the workmen labourers and carriers of the timber and wood and then and there with force and arms riotously and unlawfully did assault and evil entreat the servants workmen and carriers and rescue the cart timber and wood and did then and there assault beat down and evil entreat and sore hurt Robt Reed as is falsely and slanderously alleged and without that Robt Reed and other the carriers of the wood and timber passed without much ado with danger of their lives being assaulted hurt and evil treated by the defendant as is untruly surmised and without that any other matter or thing etc is true