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

1=.5.29Eliz1 (May 1587)

document 19000775

reply of Roger Harlakenden complainant to the joint and several answers of Robt Ive and Eliachim Ive and Simon Ive defendants he maintains his bill of complaint and all in it and further does maintain and will prove everything etc it was not brought to vex or impoverish them or to overthrow their estates but for a good cause as their foul misdemeanours did duly deserve he did not at any time give out any speeches that he would undo them as the defendants in their corrupt answers have untruly surmised neither did he by the serving of illegible text press upon Finett Ive and Simon Ive for their appearance in any term in the court delay Finett and Simon for any such purpose or intent as they do suggest the only cause why he required and had a longer time for the process awarded against Finett and Simon Ive for the said appearance than he had for the appearance of Robt Ive and Eliachim Ive was and is that he very much doubted whether he could in a short time have found out Finett and Simon Ive to have cause to have served the process upon them and especially upon Simon for that he has no certain dwelling or abiding place but liveth obscurely flitting from one place to another naming and writing himself sometimes of the town of Earls Colne in Essex to the church of which town he seldom or never cometh nor yet received the communion there nor ever yet accounted or taken to be one of the said town and at some other times he writeth and nameth himself to be a gentleman of New Inn without Temple Bar where the complainant oftentimes caused some of his servants to ask and enquire for him thinking to have served the said process upon him and divers of the gentlemen of that house knew not any such man to be of that house and that they never knew any of that name in commons there and the butler of that house being asked also whether one mr Simon Ive were of that house he answered yes but said was not there in commons that he saw or knew of a long time neither has that any chamber in the house but in the end by very chance the process was presented on the said Finett and Simon at the now dwelling house of Finett before the serving whereof he heard by credible report that Simon was not to be found out for that there were divers writs of execution awarded against him for certain debts which he did owe and was condemned in but execution could not be had of him for that he had no certain place of abode where any sheriff or officer might know how or where to take him wherefore was a mere chance that this complainant procured the process to be served upon him as soon as he did and therefore if any other charges grow to Finett and Simon than ordinary course requires it comes by their own folly and their own misdemeanour in the cause and that the several answers of the defendant are unjust uncertain and insufficient in the law to be answered says that Eliachim Ive and Simon sundry times since the riot alleged to be committed continued in such like riotous and unlawful behaviour but chiefly upon 8.6.1587 last (year assumed) or thereabouts when they Eliachim and Simon in riotous and forcible manner came again together into part of the 380a of land whereas Read was then with others of his workmen thinking then to have carried away some part of his timber being upon the land which he had bought of the complainant Eliachim and Simon having then and there divers warlike weapons in their hands and about them with the one of them a sword and dagger and the other a long pikestaff besides bows and arrows lying not far from them and divers other riotous persons yet unknown to the complainant then lurking secretly in the grounds not far from Simon and Eliachim to have given aid to them in their unlawful enterprise if further need of help had so required them Robt Read with his workmen being on the land in peaceful manner purposing to have carried away some part of his timber Eliachim Ive and Simon Ive with their weapons as before mentioned came to Robt Read and his workmen forbidding them stoutly and proudly for carrying any wood and timber in the way which Read and his workmen were before unlawfully forbidden and interrupted as in the bill is alleged which way has been usual and common for buyers of wood and timber there growing to pass with their carts and carriages from a certain place parcel of the 380a of land called Westlye Wood leading from thence towards Coggeshall and that before such time as Robt Ive came to the possession or occupation of the land besides there is liberty of free egress and regress at all times into the land especially excepted and reserved to Barfoot Luther and Luther and Jn Bragg dated 15.7.26Eliz1 it appears that there is a special covenant in the indentures on the part of Jn Bragg which says it shall be lawful for Barfoot Luther and Luther and assigns at all times to enter into the land and carry away from thence such wood and timber there growing also Simon and Eliachim at the time and place aforementioned did use most foul speeches and boasting terms challenging words and opprobrious sayings towards Read and his workmen of purpose to have moved and stirred Read and his workmen to strikes and blows to the breach of the peace whereupon Read and his workmen peacefully departed without carrying away any wood or timber at that time then Simon and Eliachim perceiving that Read and his workmen would not be moved to fall to blows and strokes notwithstanding they were so unto urged did give out afterwards in boasting speeches and words to divers of their companions and to others that they had given such foul words and speeches to Read and his workmen being on the ground as aforesaid as might have moved them to such blows and strokes if any manhood or courage had been in them saying further they would have lain upon the ground or else Read and his workmen should have lain upon the ground before Read and his workmen should have gone that way with any carriage of theirs and also averreth and says that Finett Ive is a lusty and stout woman and a scold brawler and fighter and sundry times in the year past has come upon the 380a of land mentioned with bats and staves in her hands scolding and brawling and offering to strike such workmen and carriers of wood and timber as lawfully came and were upon the land to cut and carry away the same whereby they were oftentimes forced to depart of and from the ground without doing their work and likewise that Robt Ive is a lusty stout churlish and contentious fellow and a man of a sufficient ability to be a party to such a riot and misdemeanour as the complainant in his bill declared also says that every one of the defendants are guilty of the routs riots and assaults also evil entreating and in such manner and form as he has truly alleged all the gate mentioned in the defendants and the way through being the gate and way that Robt Read offered and required to pass and go through with his carriage of wood and timber has been a usual gate and a cartway for such persons as have before and since the lease made to Jn Bragg bought and carried any wood and timber of and from certain parts of the 380a land to pass and carry over and through also that the way or ways that Robt Read offered to pass over and so did with danger of his life was not sown with any corn neither did Read at any time or times by any way or ways hurt or spoil any corn of Robt Ive's there growing with carriage of his wood or timber neither did Robt Read or his workmen offer to hurt or spoil the same without that the complainant Kelton and Read and others intended and meant to come and break down the gate between a close the Little Westye and a field sown with wheat and mislen neither gave out such speeches although he the complainant for those causes and reasons before mentioned might lawfully have been justified for the breaking down of the same upon that unlawful and many other churlish and sundry denials which were made by Robt Ive as well unto Read as unto divers others for the lawful passing and carrying through the way and gate which before had been a usual way for the carrying of wood and timber out of part of the 380a of land and without that Read at the time he came to Eliachim Ive a defendant then being at plough in a fallow field parcel of the 380a land to request him to open the gate that he might pass with his carriage at which time Eliachim confessing in his answer that he would not open the gate for Reed and workmen to pass that way to the complainant's knowledge did say that he would break down the gate if Eliachim did not open it although he might have justified the breaking down of the same for such carriage of wood and timber mentioned and without that Robt Ive one of the defendants does often use to carry in his had a pitchfork to use for his necessary business and especially at that time of year which the riot is laid to be except it be to use about such unlawful business as the complainant has declared against him and without that Read laid up in his cart which was so letted from passing through the gate one pikestaff pitchfork or axe meaning therewith to beat down the gate with force or that Read encouraged those that were with him to take down any weapons out of the cart saying "come let us stand to our tacklings" or any such words to like effect to this complainant's knowledge without that Robt Ive talked quietly with Robt Read at the time that he was rescued and letted for passage through the way or gate or that all the defendants then departed without offering or giving any blow or stroke to be given or offered by them or some of them without that there is or at any time heretofore has been any lawful or usual way for horse and man to pass over and through the park or ground commonly called Colne Park or any part thereof as the complainants have confessed or that this complainant has digged up or stopped or caused to be digged up or stopped any lawful usual way which time out of mind of man has been lawfully used by her majesty's servants and without that the wood and timber which Read did take and carry away at the time when he was so with force unlawfully refused and hindered as in the bill was sold to Read and Kelton about three years since at about such time as the complainant in the bill has alleged but if it were the time is not material and without that this complainant had at any time unlawfully meaning to lay out any way by force through or over any of the cornfield of Robt Ive one of the defendants neither yet to challenge claim or to use any other way or ways in by and through the 380a of land or any part of it but such as he may lawfully have and use through the same as well by virtue of the special reservations and exceptions as also by the covenants and agreements contained in the indentures made between Barefoot Luther and Luther and Jn Bragg under whom Robt Ive does derive his interest as in the bill mentioned and without too that it is contrary to any of the covenants made by Barefoot Luther and Luther to Jn Bragg viz that Barefoot Luther and Luther or their assigns should not carry any wood through any of the cornfields of Jn Bragg or assigns but they and their assigns should do their best endeavour that the corn of Jn Bragg should not be hurt or spoilt by reason of carriage of wood or timber which the defendant nor any of them have alleged in their answers so to be neither in truth was it by reason of the carriage of any wood or timber but if it had this complainant thinks that neither he nor his workmen nor any other to whom he sells any wood or timber on the said land should or ought to be interrupted or hindered from carrying the same of from the said 380a or any part thereof by any farmer or occupier of the land and if it should happen that any corn of any farmer or occupier of the land deriving their interest from Barefoot Luther and Luther to be hurt or spoilt by them or any other claiming under them by reason of any carriage of wood and timber as aforesaid the said farmer or farmers ought to by law bring their action of covenant for the same and not to deny and let or otherwise riotously and unlawfully as the said defendants did rescue and interrupt such carriers of wood and timber of and from the 380a of land or any part of it without that the complainant has the reversion for years expected upon the lease of twenty one years mentioned in the bill the same is as this complainant thinks in right and in law in the executor or executors of the said Hen Josselin mentioned in the bill in such manner and form as this complainant has in the same declared and set forth and as to such manuring and occupying and letting made by the complainant out of part of the park or enclosed ground called Colne Park mentioned by the defendants joint and several answers this complainant did the same lawfully without doing any injury or wrong to any person or persons whatsoever and without any other thing material or effectual etc etc