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Star Chamber (PRO STAC8/289/30 Eliz and Francis Veer v Rich Harlakenden)

19.1.1607 (Monday 19 January 1607)

document 19203027

answer of Wm Tiffin says that the bill as he takes it was to put him to expenses in the law rather than for any good or just cause says that he has been credibly informed that Robt Cobbe in the absence of mr Rich Harlakenden his master did go to mr Thos Waldgrave's house being in commission for the peace and dwelling near Earls Colne and gave him to understand that one Wm Edes with divers others had made a forcible entry into a watermill of his master's called Earls Colne Mill and did keep possession against his master's farmers and desired mr Waldgrave to come to the mill and remove the force Thos Waldgrave being unwilling himself alone to undertake this sent to sir Thos Gardiner knight being also a commissioner for the peace and dwelling not far from the mill entreating him to meet him there by eight o'clock the next morning but receiving the answer that he could not be there at that time because he was not well and was to take physic the same day he desired Robt Cobbe to request Wm Tiffin that he would meet him at the time and place being 19.5.last past at whose request Tiffin met Thos Waldgrave at Earls Colne and they presently went together to the mill either of them with one servant attending him that is to say Thos Plumb and Nich Leffingwell now defendants and when mr Waldgrave came to the millhouse having now in his company also mr Thos Harlakenden a defendant and some others and perceived the doors of the mill to be fast shut he besought Wm Edes to speak with him who answered him from a window Thos Waldgrave told the cause of his coming because as he had been informed Wm Edes and others had made a forcible entry and by force kept possession and he had come to see if it were true or no and remove the same if any such were true or no and remove the same if any such were he desired Wm Edes to open the doors to see what persons and weapons were in the millhouse but Edes notwithstanding the gentle persuasions of Thos Waldgrave refused so to do saying words in like effect saying that he had a very good lease of the mill for divers years yet ending made to him by the late earl of Oxford deceased and that he might lawfully keep possession Thos Waldgrave replied that he did not impeach the validity of the lease nor lawful possession nor hinder it but was only there to see with what force he maintained possession and what persons and weapons were in the house to keep it or like words there upon Waldgrave and Tiffin told Edes that he might incur some danger and hinder himself by keeping possession with the door shut and denying Thos Waldgrave to come into the mill and see if he held it by force as he had been informed Waldgrave perceiving that Edes would not by gentle means open up the door to him to allow him to enter and had stayed there for half an hour or more in parleying and entreating Edes commanded the constable to go to Earls Colne and bring with him eight or ten persons to assist him Waldgrave and the constable being gone Edes came willingly out and offered Waldgrave that he should himself go into the mill Waldgrave said that he would not he would not be so indented withal in such a case or the like words and then Edes showed his lease to Thos Waldgrave whereupon as he remembers Robt Cobbe on behalf and in the absence of his master said that if Edes would leave the possession of the mill to Sam Diglett the elder who was farmer of it to his master and repair or go to London to show forth the lease which he pretended to have in the mill to those that were set down for witnesses to the lease and upon the sight of it they were to justify that it were a good and perfect lease that presently he should have the possession of it again and should enjoy it without suit or disturbance of his master during the lease Thos Harlakenden did then also undertake that his brother Rich Harlakenden should perform the same to which offer Wm Edes did very willingly condescend and agree and did quietly allow Sam Diglett to enter into the millhouse Thos Waldgrave and Tiffin Diglett having possession then went to dinner at the house of Rich Harlakenden and being there Diglett came and complained to Thos Waldgrave that Edes contrary to his agreement and promise by the procurements and persuasions of some evilly disposed persons refused to depart from the mill and with force had taken and did keep it again he desired Thos Waldgrave as a justice of the peace to aid and relieve him therein and presently after dinner Waldgrave Tiffin and Thos Harlakenden as he remembers went again to the mill and finding the door open and Edes and his wife and some others in the house Waldgrave demanded of Edes why he did not depart according to his agreement to which Edes answered or in words to like effect that the same was his whole stay of living for that he was very loath to depart from it whereupon Thos Waldgrave and Tiffin said to him that the offer made to him on behalf of Rich Harlakenden would be justly and truly performed if Edes would in like sort submit himself to it thereupon many suits and troubles would cease whereupon Edes agreed to the same and was satisfied and demanded of Diglett some recompense for the mending of a glass window there for which Diglett at the request of Waldgrave paid unto Edes 2s as he remembers then Edes departed from the mill quietly and left possession to Sam Diglett and then and not before Waldgrave Tiffin Thos Harlakenden and some others went into the millhouse but as concerning all other riots routs forgeries and misdemeanours in the bill he answers that he is not guilty of any of them etc