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

1.6.29Eliz1 (Thursday 1 June 1587)

document 19000931

answer of Simon Ive one of the defendants suggests that it is a malicious charge etc and that whereas the complainant served process against two of the defendants to appear at easter term who appeared and answered he might as well have served process against Finett wife of Robt Ive and himself to appear at the same time and so they might have taken out commission for examining of witnesses in this midsummer vacation but the complainant having a mind to delay his unjust suit thereby to weary utterly undo all the defendants did serve this and the other defendant Finett Ive to appear and answer this present term being trinity term which Finett Ive could not do by reason of her age and impotency so that she must be forced to sue such dedemy protestation to take her answer in the country returnable in michaelmas term next which dilatory proceedings do tend to wearying and undoing of all the defendants yet nevertheless he for answer says that true it is as he thinks that the earl of Oxford was lawfully seised in his demesne as of fee or fee tail of and in the said enclosed ground or park called Colne Park as in the bill and being so seised by the deed indented in the bill of complaint specified for and in consideration of a certain sum of money bargain and sell to Thos Barfoot Thos Luther Jn Collin and Edm Tavener in the bill mentioned one thousand one hundred trees or oak to be taken (then a repetition of all the transfers) further this defendant says that he thinks that Thos Barfoot Thos Luther and Antho Luther did bargain and sell to this complainant all the timber trees which they had bought of the earl but by what means or title the complainant has the reversion expecting upon the recited lease of twenty one years of the recited park or enclosed ground commonly called Colne Park with appurtenances he does not certainly know but he knows that the complainant manures and occupies some part of the enclosed ground or park and hath let and set some part thereof and has likewise caused to be ditched up a certain way in the park which time out of mind of man as he has heard was a common usual way for her majesty's subjects to pass as well on horseback as on foot and he knows not of his own knowledge as he is a stranger in the country further he says that he thinks that the complainant did bargain and sell at about the time in the bill specified some of the timber trees standing and growing in and upon the 380a of land and pasture parcel of the said enclosed ground or park in the bill to Thos Kelton and Robt Read but where the complainant has by his bill alleged that about xmas.last past he did bargain and sell divers of the timber trees growing standing and being upon the 380a of land and pasture aforementioned to Thos Kelton and Robt Read in the bill mentioned who the time in the bill specified sent their servants and workmen with horses and carts to fetch and carry away the timber so sold unto them this defendant says that he verily thinks in his conscience that the wood and timber that Thos Kelton and Robt Read at the time in the bill specified sent servants and workmen to fetch and take away Robt Read being in the company of carriers with a great deal more at this present lying in a close called the Great Westye parcel of the 380a to be assigned to Robt Ive one of the defendants where the woods and timbers which Kelton and Reed did send their servants and workmen to fetch and take away did then lie was sold by the complainant about three years last past and not at xmas last past and the reason this defendant so thinks is for that the wood and timber was felled by the servants and workmen of Thos Kelton and Robt Read about two years last past as the fellers of it have told this defendant and so had remained and lain in the close called the Great Westye about two years for which cause this defendant meant to have distrained the same damage as servant to Robt Ive his father one of the defendants likewise he says that there are two sufficient and convenient ways which are used for the complainant and his assigns and his and their servants labourers and workmen to carry their wood and timber of and from the close the Great Westye where the wood and timber did then lie but the complainant having caused to be ditched up the said way in the park which way likewise they were wont to pass with their wood and timber meaning as it seems to him as it may appear by the sequel with force to lay out a way through the cornfield and other ground of the defendant Robt Ive assigned by Jn Bragg to Robt Ive for he the defendant heard say that the now complainant and Read and Kelton with divers others would come and beat down a gate standing between a close called the Little Westye and a field sown with wheat and mislen adjoining the said close and would carry with cart through the field their wood and timber being then in the close the Great Westye all of which closes are parcel of the 380a demised and assigned to Robt Ive father of this defendant which this defendant is fully resolved they might not lawfully do for that there were two other sufficient and convenient ways for them to carry their timber of and from the close called the Great Westye and that also for that it was contrary to the covenant before reserved and made by Thos Barfoot Thos Luther and Antho Luther to Jn Bragg and his assigns after which that is to say on the same day when it is supposed by the complainant the riot to be committed by this defendant Eliachim Ive one of the defendants being at the plough in a fallow field parcel of the 380a of land and pasture Robt Read in the bill named came to Eliachim Ive charging him to open the gate leading into the cornfield who answered he would not neither should they come that way through the cornfield seeing that there were two other sufficient and convenient ways for them the said Robt answered again very stoutly that if he would not open it he would beat it down or words to that effect and so went his way whereupon Eliachim Ive came home and told this defendant what Robt Read had said and thereupon this defendant in peaceable manner came unto the gate having in his hands a pikestaff not intending to break her majesty's peace or to offer violence to any of her subjects but only to withstand Read and such others as should come with him to beat down the gate as he thinks he might lawfully do after which Read one Brooke one Waller and one other whose name this defendant knows not came with a cart laden with wood and timber to the gate where they might have gone either of the other two ways before reserved having laid up in the cart as this defendant now remembers a pikestaff a pitchfork and an axe meaning as it seemed to this defendant with force to beat down the gate and go other the cornground of Robt Ive one of the defendants at their pleasure against his will and by chance as this defendant verily thinks there was present one mr Wordsworth servant to the right honourable Xoph Hatton knight lord chancellor of England and Read being come to the gate commanded to open the gate which Robt Ive father of this defendant being there likewise present gently denied whereupon he Read tried to encourage those that were with him to take down the weapons from the cart saying "come let us stand to our tacklings" or like words and afterwards better considering of the matter he did not and so Read and Robt Ive quietly talked over the matter without any manner of blows either stricken or offered on either in the end mr Wordsworth requested the defendant Robt Ive that he would suffer them to pass for that time seeing that the cart had come thither to the gate and so Robt Ive sent one of them that came with the cart for the key to open the gate home to his house at the request of mr Wordsworth then the gate being opened they passed quietly without any assaulting or beating or wounding as in the bill is affirmed without that the complainant did bargain and sell the woods and timber which Kelton and Read did send their servants and workmen to fetch and take away on the day in the bill specified as the complainant has alleged otherwise than about such time the defendant has before set down without that this defendant or any of the other defendants did un lawfully and contrary to the statutes of the realm riotously contentiously forcibly and in warlike manner unto the workmen labourers and carriers of the timbers and then and there with force and arms riotously and unlawfully assault and evil entreat the servants workmen etc and rescue the carriage of the timber and wood and did then and there assault and beat down evil entreat and sore hurt Robt Read as in the bill by the complainant is most falsely and slanderously alleged without that Robt Read and others the carriers of the wood and timber passed with much ado with dangers of their lives being assaulted hurt and evil entreated by the defendant or any other of the defendants and as the complainant in his bill of complaint has untruly surmised and without that any other matter effectual or material etc