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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 19203208

answer of Thos Harlakenden gentleman defendant says that in or about 19.5.last past as he remembers he came to the house of Rich Harlakenden his brother and there met with mr Waldgrave and mr Tiffin and mr Waldgrave did then and there signify to him as he now remembers that there had been a complaint made to mr Waldgrave by one of the servants of Rich Harlakenden his brother for a forcible entry and forcible detainer by Wm Edes and divers other persons riotous of the mill of Earls Colne mentioned in the bill and thereupon mr Waldgrave told Harlakenden that he was to go to the mill and see if there was any such cause of complaint and do his office therein as the law required or like words mr Waldgrave desired Harlakenden to accompany him thither whereupon to satisfy mr Waldgrave's request Harlakenden having about him no manner of weapon or any intent or purpose to commit any riotous or unlawful act accompanied mr Waldgrave and mr Tiffin to Colneford Mill at the coming of mr Waldgrave mr Tiffin and Harlakenden to the mill mr Waldgrave found the doors of the mill and millhouse fast shut or bolted and Edes with some others whom he does not know in the millhouse mr Waldgrave knocking at the door of the house asked who was within the house whereupon Wm Edes looked out of a window of the house and speak unto mr Waldgrave what he said he does not remember but mr Waldgrave told Edes the cause of his coming thither was that there was a complaint of a forcible entry and detainer of the mill or millhouse made to mr Waldgrave and he came as he was bound by his oath and office to see if there was any such force or not and on behalf of his majesty told Edes six or seven times to open the door of the millhouse and let him mr Waldgrave into view who was in the millhouse and to see what weapons they were arrayed with which Edes utterly refused whereupon mr Waldgrave commanded Robt Peartree to go unto Earls Colne and in your majesty's name command some of the township to come unto the mill and millhouse to aid mr Waldgrave in the doing of his office or speeches to that effect thereupon Edes perceiving that mr Waldgrave had purpose to enter the millhouse for the doing of his office as aforesaid came out of the millhouse up to mr Waldgrave mr Waldgrave being gone some distance from the millhouse as he remembers and told mr Waldgrave that if he would go into the millhouse alone Edes would suffer him to come in mr Waldgrave replied that he would not be indented withal in your majesty's service or words to that effect afterwards upon whose motion or by whose means Harlakenden does not know he not being present there was a motion made that if Edes would give over the possession of the mill and millhouse and repair up to London unto Rich Harlakenden and there produce the witnesses to the lease mentioned in the bill and that the witnesses would affirm that the lease was a good lease Edes should have possession of the mill and millhouse again without any further suit or trouble or some speeches to that effect when the motion was made to Harlakenden he on behalf of his brother performed and executed accordingly and thereupon Edes agreed to leave the possession of the mill and millhouse unto Sam Diglett farmer of Harlakenden's brother by his own assent Harlakenden mr Waldgrave and mr Tiffin quietly departed and came to his brother's house for dinner where he with mr Waldgrave and mr Tiffin sitting at dinner Sam Diglett the elder repaired again to mr Waldgrave and told him that Edes had gotten the possession again of the millhouse and mill from Sam Diglett whilst he Diglett went to shut down the floodgates of the mill and had shut the door against Diglett and kept him out by force Edes had got into the millhouse and with him one Metcalfe who by a great oath swore that if he had been there or that if it had been his case there should never a Waldgrave of them all have come thither thereupon Diglett desired mr Waldgrave to go again unto the millhouse and mill to view the force and to restore the same according to law or speeches to that effect whereupon he Harlakenden and mr Tiffin at the request of mr Waldgrave went together with mr Waldgrave again in the afternoon the 19.5.last as he remembers to the mill and millhouse and at mr Waldgrave's coming thither he demanded Edes why he did not abide by his former agreement but still continued his forcible detainer of the mill and millhouse contrary to law Harlakenden alleging the cause partly the unwillingness of his wife to part with the same and partly some doubt that he had that the offer made on behalf of Harlakenden's brother would not be performed but being satisfied that it would Edes again gave up the possession of the mill and millhouse and Harlakenden went in where he saw two or three pitchforks and one forestbill or pease hook and a bushel or thereabouts of stones lying in a chamber of the millhouse so Harlakenden leaving Diglett in possession of the mill again peaceably departed and went to his own house without committing any unlawful or riotous act whatsoever as is alleged says he is not guilty of the riots etc Josselyn