Star Chamber Case: Hoby v. Eure

TNA: STAC 5/H50/4

item 15, single membrane (Interrogatories on behalf of Sir Thomas Posthumous Hoby)

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Item did not the plaintife after supper leave the saide Gentlemen in the saide dyninge chamber and goe into the other chambers of his saide howse where he hade appointed the said gentlemen to be lodged that night and after he had seen the chambers ready prepared for them dyd he not retorne againe vnto the saide gentlemen and offer to bringe them to the saide Chambers and were not the saide gentlemen then playinge att dice, which dice broughte thether by the said Defendantes or some of them when the plaintife dyd retorne vnto them and beinge soe att dice dyd not they refuse to goe with the plaintife vnto theire chambers, sayinge vnto the plaintife that they woulde plaie awhile and goe to bedd anone or did they not vse wordes to that or the like effecte yea or not./

Item dyd not the plaintife after the gentlemen had so refused to goe vnto theire chambers, take his leave of the saide gentlemen for that night and did not the plaintifes family after the plaintifes departure as aforesaide accordinge to their vsuall custome goe to praiers in the hall of the plaintifes saide howse and is not the saide hall righte vnder the saide dyninge chamber yea or not./

Item dyd not the defendantes duringe the time that the plaintifes famely were soe att praiers as aforesaid stampe and trample with theire feete and thereby make an extraordinary noise over their heades and did they not therewithall make very extraordinary outcryes with singinge prophane songes laughinge and makinge suchlike wilde and strainge noyses and were not the saide wilde and strainge noises by them so made of that lowdnes as that they did troble and disturbe the plaintifes famely att the time of theire praiers yea or not./

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item 1, ff [1v–2] (24 December 1600) (Examination of William Jordan of Hackness)

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To the seventh Interrogatory this deponent saith that the defendantes during the tyme that the famelie of the said plaintif was in their prayers & seruice of God ‸⸢did⸣ stampe & trample with their | ffeete in extraordinarie manner making great noyse ouer the heddes of the said Complainantes servantes And did likewise make very extraordinary outcries with singing in some confused manner thene laughing thother crying with that confusing which is commonlie called the Black sanctus. And he saithe that the famelie of the plaintif wer gretelie disturbed and disquieted in their praiers with the extraordinary cryes and demenors of the defendantes but whether then did singe any prophane songes or no this defendant dothe not knowe

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Item 1, ff [5v–6] (30 December 1600) (Examination of John Wasse of Hackness)

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To the vth Interrogatory this Deponent saieth That After supper on that nyght the plaintiff dyd leave the said gentlemen in the same dyning Chamber and went forth into other Chambers of the said howse appointed for their lodging to see if they were ready and after wardes returned backe agayne into the same Chamber and offered to bring them to their lodging But they being then at dyce. (which dyce brought thyther by them or some of them aforesaid as he verely beleaveth) dyd refuse to goe with the plaintiffe to their Chambers sayinge vnto him That they would playe a whyle and goe to bed anone or wordes to the like effect/

To the 6 Interrogatory This Deponent saieth That trewe it is That after the gentlemen had soe refused to goe vnto their Chambers as is specifed in the precedent article. The said plaintif dyd take his leave of them | for that night, And further the plaintiffes family according to their accustomed order not withstanding the said gentlemens then being ther at playe, dyd saie players in the said plaintiffes hall the said hall being right vnder the said Dyning Chamber, And saith that the said plaintiff dyd gyve speciall Comaundement that prayers should be said on that night, And saith that he gave the said Comaundement as this Deponent verely beleaving the rather because his lady, not being well, he then need not be amungst ‸⸢them⸣ as vsully at he was at other tymes.

To the 7th Interrogatory he saieth that ‸⸢during⸣ at such tyme as the said Plaintiffes famly family were ‸⸢soe⸣ at praieres as aforesaid The said gentlemen which were then at playe over their heades Dyd soe stampe and trample with thier feete; and therby made suche an extraordinary noyse with singinge of songes, outcryes, laughing and such like wielde and strange noyses and soe awile as that they dyd much trouble and disturbe the plaintifes family at the tyme of their praiers//.

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f [8] (Examination of Henry Braythwayte of Hackness, aged about 21)

To the 7th Interrogatory this deponent saith that during supper tyme as the said plaintifes familye were at praiers as before is supposed The saide defendantes<..........>⸣ which were in the dyning Chamber over their heades dyd soe stampe and trample with their feete. And made such an extraordinarye noyse With outcryes, singinge & lauging soe lowde as that yt dysturbed & sumwhat troubled the ffamily of the said plaintif Which were then at praiers in the hall vnder them//. And more he Cannott Depose to this Interrogatory

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Item 12, single membrane (Interrogatories on behalf of Sir Thomas Posthumous Hoby)

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Item whether were you at prayers in the plaintifes hall after supper the same night that the said defendantes cam vnto the plaintifes sayd house about August afforesayd And whether did not the defendantes make an extraordenary noyse in the dyninge Rome or aboue the stares over the hall with stampinge tramplinge laughinge singing crying and making such like wyld and strange noyses and Whether was the noyse by them then made begon before the plaintifes famyly had begonn their psalme and prayers belowe in the hall or afterwardes and Whether did not the defendantes then and there make Lowder noyse then the plaintifes famyly did when they were all singinge their psalme and were not the plaintifes famyly by the said noyse disturbed as they were singinge their psalmes and were at their prayers ‸⸢and whether were not some of the defendantes in the sayde hale in the tyme of prayer⸣ yea or not

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item 1, ff 24–4v (24 February 1600/1) (Examination of Thomas Wrey, aged 35 years, of the parish of Blackfriars, London)

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To the thyrd Interogatory this examinat sayth yat he Came but a lyttle before the ende of prayers & therfore can say nothinge materyall towching the noyse affyrmed in this Interogataroy to be then made by the defendantes more then that this examinat hath hearde very many of the plaintifes famuly yat | were then present at prayers from the beggininge of them say; yat the defendantes dyd Iumpe & leap ouer theyr heades & made a straunge & wylde noyse lyke vnto a blacke Santes as yt ys tearmed which dyd mo<..> dysturbe them: But this examinat farther sayth that he dyd see wylliam Bourne with an other of the defendantes Company stande together talkynge at a wynd wyndowe in the plaintifes hale when the sayde ffam famuly were ther a prayers; & that the sayde wylliam Bourne dyd keep his hatt on ‸⸢his heade⸣whilst he was soe talkynge in the tyme of prayer.

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Item 10, single membrane (Interrogatories to Peter Campleman on behalf of Sir Thomas Posthumous Hoby)

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Item whether were you amongest others of the plaintifes famyly at prayers in the plaintifes hall after supper the same night that the sayd defendantes came to his house and whether did the defendantes behaue themselves prophanely and disorderly by making any lowde strange or wyld noyse over your heades at the tyme of prayer and whether were not the plaintifes famyly therewith disturbed and greved in their myndes yea or not

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Item 1, f [13v] (2 March 1600/1) (Deposition of Peter Campleman)

To the ffowrth Interrogatory yis examinat⸢deponent⸣ sayth yat he was amogst others of the plaitiffes family at prayers in the plaintiffes hale after supper the same night that that the sayde defendantes came vnto his howse. And he farther sayth yat after the plaitifes family had begone to synge a psalme (which usually they doe before prayer) he dyd heer ‸⸢some of⸣ the defendantes ‸⸢whoe were aboue over theyr heades⸣ make a very lowde straunge & wylde noyse with theyr voyces, which was very playnly hearde by thos yat were then singinge the psalme, whoe dyd take the same to be done in prophane sorte, & in skorne of theyr psalme; because none of the defendantes dyd make any noyse, vntyll the psalme was begone; & therfore they were ther<..> greatly dysturbed & greeued in ‸⸢theyre⸣ myndes in theyr the tyme of ‸⸢theyr⸣prayers.

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Item 2, single membrane (Interrogatories on behalf of Sir Thomas Posthumous Hoby)

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Item whether doe you know that he said defendantes wer at the plaintifes howse vpon the xxvith and seven & twentyth days of August laste paste yf they wer what enterteynment for dyett lodginge and other Cortesyes did the plaintif gev vnto them from their fyrst entrance into his howse vntyll their departure from thence and whether did any of the defendantes then vse any scornefull Ryotous or vnusuyll demeanor towardes the plaintif or his famylye declare heerin the truth to the vterrmost of your knowledge or as yow have Credeblye heard./

Item whether did the defendantes then Come to the plaintifes howse with any weapons about them and whether did they offer any discurtesyes or Commytt any vnlawfull Malycious Rioutous or outradgyous mysdemeanors towardes the plaintif his wyffe or ffamylye at the sayd tyme of their beinge at the plaintifes howse in Auguste aforesayd yf they did then and there offer the plaintif his wyffe or ffamylye any discurtesyes or did then and ther Commytt any vnlawfull malycyous Ryotous or outradgious mysdemeanors the declare what thos discurtesyes and vlawfullmalycyous Ryotous or Outradgious mysdemeanors wer which wer then and ther offered and Comytted by the sayd defendantes to the vttermoste of your knowledge or as you have Credeblye heard./

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Item 1, ff [27v–8v] (27 April 1601) (Examination of Robert Nettleton of Hackness, aged about 22)

...this Deponent hath heard the plaintif himselfe say that he did leave his wiffe sike in her bed Chamber and came forth vnto them and after some speaches of salutacion had passed ‸⸢and that⸣ he s<...> had signifyed vnto them that his wyffe was sicke: he sent for beer and wyne for them which was accordingly brought vp vnto them. But before the sayd beer and wyne Came vnto them, sundrye of the Defendantes (but which of them this this Deponent Doth not remember) were settynge them ‸⸢selues⸣ to goe to play at Cardes the plaintif standinge by: And this examynat ‸⸢deponent⸣ hath heard the plaintif say that the same footeboy which came before from them vnto him Did lay the sayd Cardes vpon the table before the plaintifes face: the sayde Defendantes never soe much as askinge ‸⸢before⸣ whether the plaintif had Cardes in his howse or noe And after the Defendantes had Drunke some of them played at the Chesse and some of them played at the Cardes and after they had soe sorted themselves in their sportes the plaintif left them and retourned agayn to his wyffe vntyll supper was readye And then Came forth agayne vnto them and kept them Company all suppertime And as the plaintif sat at supper Mr wylliam Eure ‸⸢sainge⸣ that his commy<..> was to hunte the next day in the plaintifes ground he ‸⸢the saide plaintif⸣ gaue order that one of his servantes who hath Charg to looke v⸢n⸣to his groundes (wherin somtimes he hath redd Deere) should be sent for to Come in the morninge to attende the Defendantes to shew them a deer yf ther w<...> any in the grounde And in the same s<.>upper time (as this Deponent hath heard some of the plaintifes other servantes say Steephen Hutchenson (the meanest of all the Defendantes ther at the table) Did Chardge the plaintif to pledge him a Carrowse to his <...> ‸⸢ladys⸣ health and ⸢who⸣ had been ‸⸢formerly pleged⸣ <........> by all the other defendantes which ⸢but⸣ the plaintif refused to take ‸⸢pledg the same⸣ in quantyty yet Callinge ‸⸢afterwardes⸣ for beer in the glasse wherein the sayd plaintif did vsually Drynke; after the sayd plaintif had Drunke, he towld the sayd Hutchenson that he had pledged his wyffe; but not in quantyty And the plaintif beinge afterward vrged by Sir william Eure to pledge him the lyke Carowse vnto his ‸⸢sayde⸣ ladys health: the plaintif answered th<..> to bring his wyffe health he woold not care to Drynke Drunke; but seeinge that yt woold not helpe his wyffe and yett woold hurt himselfe both he and she should pardon him for Drynkinge more then his vsuall Draught And so the | the plaintif Did pledge noe healths in all that supper tyme in ‸⸢extraordinary⸣ quantyty as he was then vrged to have Done by the sayde Defendantes./ After supper the plaintif and the Defendantes havyng fyrst sytten a lyttle whyle Did all ryse from the tables: And the plaintif Did goe vnto thos Chambers which he had before willed to be prepared for the Defendantes to lodge in: which wer very neer ‸⸢to⸣ the dyning Rome and when he had seen them prepared with lyueryes and althinges necssarye and Convenyent for gentlemen of their places and byrths he retourned agayne vnto the Defendantes ‸⸢whoe⸣ wher then either at play or offeringe to begine to play at Cardes or at dyse but as this Deponent thynketh yt was at Dyce for that this Deponent hath heard some of the plaintifes other servantes say that the sayd Hutchenson did Come Downe after srupper to enquire amongst his owne Companye for Dyse and that the Defendantes had then Dyse amongst them And as they wer either at play or setling themselues to play the plaintif towld them sayinge gentlemen your Chambers are now readye and yf you please to goe I will bringe you vnto them them which the plaintif did (as this Deponent hath heard him say) because when he Did leave them after supper some of theem towld him that they weare soe wearye that Day with their huntinge and soe sleepye with rysinge soe early two or three morninges together as that they Coold wysh themselves in bedd But the Defendantes at that tyme refused to goe with the plaintif to theire Chambers seyinge that they wer nowly sett to play and therfore they woold play att a whyle and goe to bedd anone Wherevpon the plaintif toke leave of them and soe left them for that night & goinge through his hall towardes his wyffe wylled his famylye to goe to prayers that night in the hall and sayd that he Coold ‸⸢not⸣ be their in respect of his wyves sycknes; And soe the plaintif went vp into his bedchamber to his wyffe And his ffamylye they assembled themselves accordingly in the hall And when they were come together (accordinge vnto their vsuall C<.>ustom) before they began their prayers they did begine to singe a psalme and Duringe the singinge of which psalme and at the tyme of prayers alsoe the Defendantes kept such stampinge and tramplinge with their feete and made such lowde strange and wyld noyses with ther voyces so much lowder then the plaintifes famyly were in singing ther psalme as that they very greatly troubled greeved and Disturbed the plaintifes famyle as they ‸⸢were⸣ both singinge ther psalmes and afterwardes at ther prayers And th<......> | And this Deponent further sayth that when prayers wer newly begon ther Came into the hall at the lower end therof William Borne one of the Defendantes whoe passed by them that wer at prayers and stayed not vntyll he Came vnto other two of the Defendantes Company whose names this Deponent knoweth not whoe wer standinge at a wyndowe at the vpper end of the sayd hall when the sayd Bourne with thos other two of the Defendantes Company Did remayne with their backes towardes thos that wer at prayers talkyng and laughing moste vnreverently and moste prophanely vntyll prayers wer ended...

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Item 14, single membrane (Interrogatories to John Thornborough, the bishop of Limerick, et al, on behalf of Sir Thomas Posthumous Hoby)

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Item whether dyd you haue any of the sayd defendantes Confesse and say that at such tyme as they thought that the said plaintiffes servantes wer at prayers or singinge of a psalme in the plaintiffes sayd howse ‸⸢when they the sayd defendantesat such tyme as they wer in the plaintiffes howse that they the sayd defendantes or some of them did ‸⸢then⸣ singe a catch or a songe of prynce Athure or some other songe And which of them did you have so Confesse and say the same./

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Item 6, f [3] (21 May 1601) (Deposition of Samuel Bevercote, aged about 44)

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To the 15. this Deponent sayth yat he hard some of the sayd Deffendantes confesse ⸢that⸣ att the same tyme when the were in the sayd Complainantes house, after supper they hard some of the sayd Complainantes people singing a tune lyke vnto a psalme. And yat some of the sayd Deffendantes did then sing Catches & such thinges as liked themselues to make them merrye, but which of the sayd Deffendantes yt was yat confessed the same or that did so sing this Deponent remembreth not./

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