Star Chamber Case: Steill v. Mitchell et al

Item 1, mbs [1–3] (10 October) (Examinations)

Thexamination of Edmonde Mennell of Hilton in the countie of york esquire of or about the Age of Thirtieth fiue yeares of certaine Interrogatories <..>ministred to him Taiken before Thomas Grene Iohn Warter ffrauncis Killingbeck and Edwarde Secker at the cittie of york the Tenth daie of October in the firste yeare of the Raigne of our soveraigne Lord Iames by the grace of God Kinge of Englande france and Irelande Defender of the faith &c And in the Thirtieth Seaventh of Scotlande by vertue of his Maiesties Comissionn to them directed out of his heighnes Courte of Starchamber deposeth and saith as followeth/

Tothe firste Interrogatorie this Examinate saithe, That he hath knowne the plaintif, and bene acquainted with him about the space of five or six yeares last past, During which time the said plaintiffe hath orderlie behaved himself for any thinge he knoweth to the contrarye/

Tothe 2 Interrogatorie he saith That the plaintif hath not giuen this deponent any cause of offence heretofore, nether hath this Deponent bene displeased or made any verses or Rimes of or againste the said defendant

Tothe third Interrogatorie he saith That a Litle before christmas last paste was Twelvmonth this Examinat and diuerse others being goinge togeather nere Allerton in the countie of york one George Warde then Servant to Richard Theackston now Sir Richard Theackston Knight did come vnto one ffrauncis Mitchell this examinates man and told him that he had a prettie ieste to mak a Iyge on of one Michaell and ffrauncis and other names, And intreated this Deponentes saide Servante to maike a Iyge or songe thereof againste christmas to be merrie withall, which he saide was a trewe ieste and he could prove it, which Iyge or songe this Deponentes man ffrauncis Mitchell did afterwardes make accordinglie, And as this Examinate thincketh that the same were then ment by Michaell Steele the Complainante his wief and ffrauncis his maide servant, but how manye severall Libells or songes their was therof he knowth not./

To the fowrth Interrogatorie this Examinate saith That shortlie after the Iyge or songe was made by ffrauncis Mitchell this Examinates man, he this Deponent was made acquainted therwith by his said servante and further deposeth not./

To the fifte Interrogatorie this Examinat saith That shortlie after the saide Iyge or songe was made as aforesaide, This examinat hearinge tell, that the said Complainante had giuen fourth in speeches, that this deponent and his man had made the said Iyge against him, and that he would beat this examinat and his man for doinge the same, he this Deponent went to the Defendantes howse and asked for the plaintife, and this Examinat being told he was not at home, This examinat lefte worde with one of his Servantes That because the said Mitchell Steele had giuen fourth that he wold beat this examinate and his man for maikinge the said Iyge or songe, That then he this Examinate would tack the maikinge thereof vpon him, And see if the plaintif woulde beate him And further then as aforesaide he deposeth not/

To the sixt Interrogatorie he saith that he this deponent hath diuerse tymes redd the said Iyge or songe, and hath at sondrie times and in seuerall places hard the said Iyge or songe svnge, But the same was never sunge by this deponent or by his appointment And further to this Interrogatorie he cannot depose Saving that about christmas last past he hard the said songe begune to be sunge by certaine players at Osmotherlie but what plaiers they were, this Examinate knowth not And this Examinate (for that the same was in question betwene the plaintife and this deponent) did cause them to Leaue of singinge the said songe/

To the Seaventh Interrogatorie he saith That in or about Sommer last paste was Tweluemonth one Robert ffox then Servant to Sir william Bellasses knighte came to this deponent, and told him that the said Sir william had bene longe desirous of a coppie of the said Iyge or songe and desired this examinat, to send him a coppie theof, And this Examinat told the said ffox, that he cold maik none, But this Examinat willed him to goe to his man, and se if he would maik him one, and this Examinates man as he thincketh did send him one, accordinglie, But whether it was the coppie of the Iyge now to him showed at the time of this his Examinacion or noe, he knoweth not/

Tothe Eight Interrogatorie he saith That he had a coppie of the said Iyge or songe at London when he took a coppie of the said Bill of Complainte, and the first time that this examinate did see read or heare yt redd was about Christmas last was Twoo Yeares, when this Examinates man first made the same as aforesaide, And saith that he hath harde that diuerse and sondrie persons haue had coppies therof But by whom or by whose meanes or howe they came by them this examiinate knowth not, But onely of the coppie sent by ffox as aforesaid And saith that he this deponent hath not since her lait Maiesties death made any vnder songe or added any thinge to the said Libell or Rime, And further then as aforesaide deposeth not/

Tothe nynth Interrogatorie he saith That since the said Complainante did give fourthe in speeches that he would beate this Examinate and hys man for makinge the songe as aforesaide, This Examinat hath giuen fourth in speeches That the said song or Libell was ment by the saide Michaell Steele and his maide, but Where, when, how often or in what companye he remembreth not, And the Reason whie this Examinat soe saide was because the said Michaell Steele had taiken to the saide songe, and given fourth that he wold beat this Examinate for maikinge the same as aforesaide/

Tothe tenth Interrogatorie he saith That he thincketh he hath alreadie declared the effect of his knowledge in this Interrogatorie in aunswere to the Sixt Interrogatorie And further deposeth not./

To the Eleaventh Interrogatorie he saith That he this deponent did neuer to his Remembrance heare the said Iyge or Rime or any parte therof Sung as a songe by any fidler or minstrell, neither hath this Examinat called for the same or was the Causer that the same was sunge or repeated/

To the Twelfte Interrogatorie he saith That he this Deponent was served with proces out of the courte of Starchamber to Aunswere the saide bill of Complainte preferred against this Examinate and the other defendantes at the sute of the Complainante But whether he that served the said proces on this deponent was the plaintifes servant or not he knowth not

To the Thirtenth and fowertenthe Interrogatories he saith that forasmuch as the matters contained in theis two laste Interrogatories are not as he thincketh contained in the bill of complainte exhibited against this deponent and the other defendantes Therfore as he thincketh he is not bounde to aunswere the same, And therfore referreth it to the consideracion of the honorable Courte where the saide Sute is exhibited./

(signed) ThomasGrene (signed) Iohn Warter (signed) ffrances Killingbeck

William Bowes of Ellerbeck in the countie of york gentleman of or aboute the aige of Thirtieth seaven Yeares deposeth and saith as followth./

To the ffirst this Examinat saith That he hath knowne the complainante the space of Seauen Yeares last paste or theraboutes and somethinge acquainted with him, since which his acquaintance This Examinat saith that he doth not knowe that he hath orderlie and quietlie behaued himself and Lived in good sorte Reckoninge and accompte emongst his Neighboures/

To the Second he saith That heartofore the said Michaell Steele told this Examinate, that he would suee him for makinge a Libell of him, by meanes whereof this Examinat was displeased therwith, for that he this Examinat did maik noe such verses or Rimes of him as he pretended nether did nor cold maik any such verses or Rimes And further deposeth not./

To the thirde Interrogatorie he saith That vpon a wednesdaie next before christmas laste was Twelve month this Examinat being in companye with others one George Warde of Gatenbie beinge the said Michaells Steels next neighbour The said George Warde tolde one ffrancis Mitchaell Laite of Hawnebye being then in this Examinates company the Substance or much lik to the effect of the said songe or Rime contained in the said verses now showed to this Examinat at the time of this his examinacion meaninge as he taikth it of the said Michaell Steele and ffrauncis his supposed maide servante and earnestlie intreated the said ffrauncis to maik somethinge therof affirminge it was true, And he verelie thinketh that the same or a greate parte of it was made by the said ffrauncis Mitchaell, for that he then promised the said George Warde to doe somethinge therein for which the saide George told him he would thinck himself much beholden, and that he the saide George Woulde taik it to be his Deede, But by whom it was first published, This Examinat saith he certainelie knoweth not

To the fowrthe he saith That shortlie after this examinate beinge by channce walkinge by the said ffrauncis when he was maikinge or wrytinge some parte of the saide ryme or verses, and hereing him reade some parte of the same, in merrie speeches, this Examinat soughte rather to diswade and abridge him for goinge forewards then to perswade and encoraige him therein, which is theffect of this Examinates previtie or knowledge to this Interrogatorie to his remembrance, for he saith vpon his othe That he this Examinate to his remembrance did not give the saide Michaell or any other, any instruccions for maikinge of the saide Rime or verses./

To the fifte Interrogatorie he saith, That he thincketh the said verses were made of the said Michaell and ffrauncis his Supposed maid servante, but he never knewe her, And he saith that since the time that the saide Michaell took to it as thoughe it were made by him, This Examinate saith he thinkes he hath saide or spoken speeches that it was ment of the plaintif./

To the Sixt Interrogatorie this Examinat saith That he hath since the maykinge thereof redd all or the moste parte of the saide Ryme or verses, And Likewise hath harde the same or the moste parte of it sunge in this Examinates Howse by one Roger Bowlande and others this Examinates servantes and at a place called Grimskarr, and in other places by the Way which this Examinate now remembrethe not, And other some times by the saide ffrauncis Mitchell, But he saith that to his remembrance he never procured the same to be sunge or published And further deposeth not./

To the Seaventh Interrogatorie this Examinate saith that he neuer Wrote a coppie of the saide verses or Ryme or any partes therof, But after Michaell Steele took to the saide verses or Rime he caused his man to maik some coppies thereof to showe his Counsell for there advice therein, and otherwise delvered not or caused to be delivered any coppies thereof or any parte therof to any person or persons And further saith that to his knowledge the coppie nowe to him shewed is not a trewe coppie of the Rime or verses But in effect is the Substance therof And further saith not/

To the eighte Interrogatorie this Examinate saithe That he hath had a coppie of the said Rime or verses as is aforesaide; and the first time that he this Examinate did redd or heare it redd was sone after the said ffrauncis Mitchell had made the same or some parte therof by the procurement or perswationn of the saide George Warde as aforesaide But he saith that he did not write nor cause any to Write the same otherwise then as aforesaid nether delivered any coppies therof, And further saith that the Last time to his remembrance he harde the same sunge, yt was in the company of one Anthony Roakbie of Grimskarr, And saith vpon his othe that he never at any time since the death of her Laite Maiestie added any vndersonge thervnto./

To the nynth Interrogatorie he saith That since the said Michaell Steele hath given fourth in speeches that he would sue this examinate for maikinge the supposed Rime, He this Examinat as he remembreth hath giuen fourth in speeches That the said verses or Rime was made of the plaintif and his said Servante and was ment and intended by them, And this Deponent Was moved for to saie, by Reason that Georg Warde had before given instruccions to ffrauncis Mitchell for maikinge the same or some parte thereof of the plaintife and his said Servante as aforesaide, and affirmed it to be trewe, but where when to whom in what company or how often he did vtter the said speeches otherwise then as is aforesaide he saith he doth not now certainlie remember to depose/

To the tenthe and eleaventh Interrogatories he saith that by report the said Rime or verses hath bene sunge as a Iyge by Stage plaiers at the ende of theire plaie, and further then as aforesaide he cannot depose otherwise then he hath alreadie deposed for he was never present at any ‸⸢staige⸣ plaie where the same was sunge as a Iyge neither did he ever heare the same or any parte theireof sung by any fidler or minstrell neither to his remembrance did he ever call for the same before any such persons./

To the twelfte Thirtenth and fowertenth Interrogatories he saith that theis three Laste Interrogatories ar directed to Edmunde Mennell onelie and therfore as he thincketh he is not aunswere to the same./

(signed) Thomas Grene (signed) Iohn Warter (signed) ffrauncis Killingbeck

ffrancis Mitchell of Hilton in Cleauelande Servante to Edmonnde Mennell Esquire of or about the aige of Twentieth twoo Yeares or theraboutes deposeth and saith as followeth/

To the first Interrogatorie this Examinate saithe That he hath knowne the plaintif ever since a litle before christmas last past, And touchinge his behaviour emongst his neighboures he this Examinat can saie Litle because his acquaintance hath bene Litle with him./

Tothe Seconde Interrogatorie: he saith That the saide plaintif hath not at any time heartofore giuen this Examinate any cause of offence, to be displeased or report evell of him or to maik any verses or rimes of him to this Examinates knowledge/

ffr'S |

To the thirde and fowrth Interrogatorie he saith That vpon ‸⸢a⸣ Wednesdaie next before christmas daie last was Twelvemonth one George Warde this deponent and others goinge towardes Allerton, he the said George Warde told this examinate that he knewe a good Iyste by a Neighboure of his Michaell Steele and his supposed maid Servante, and desired this examinate to maik a songe thereof That they might bee merrie in christmas withall, and that he the said Warde affirmed to be trewe and that it would be iustified by his neighbures, and the said ward did then declare to this examinate the substance of the matter contained in the coppie of the Rime or songe now to this examinate showed at the time of this his examinacion And thervpon this examinate by his saide instruccions and at his requeste did contrive and maik the said Songe or Rime or the most parte of it tendinge to the effect of the coppie of the Ryme now to him showed at the time of this his said examinacion But certainlie how many verses then was of that songe which this examinate then made this Examinate remembreth not/

To the fifte Interrogatorie he saith That the said songe or Rime was ment and intended to be of the said Michaell Steele his wief and ffrauncis his supposed maide servante as the saide George Warde then affirmed and gaue this Examinate instruccions vpon And saith that he this Deponent hath giuen fourth in speeches That the saide Wrytinge or rime was made against the plaintife and was ment & intended to be of him and the said other persons/

To the Sext this examinate saith That he this Deponente hath at diuerse times both sung saide repeated and Published the said Rime or songe as Well in Edwarde Mennell this Examinates Masteres howse as also in Master william Bowes his howse at Ellerbeck and this examinate hath willed some of his said Masteres servantes to sing the same in his said Masteres howse and not in any other place to his now remembrance, nether to his knowledge hath he Willed any other to sing the same or any parte therof but as aforesaide/

To the Seaventh Interrogatorie he saith That he this Deponent sone after the maikinge of the saide songe or Ryme did maik twoo coppies therof purportinge to the same effecte or nere thervnto as is contained in the Wrytinge now to him showed at the time of this his examinacion The one of which Coppies this examinate delivered to the said George Warde and the other he sent to one ffox then Servante to Sir william Bellasses Knighte who before had intreated this Examinate to make him a coppie thereof, which Weare all the coppies, that this Examinate made of the saide Rime or songe to his remembrance./

To the eighte Interrogatorie he saith That he hath now in his handes showed vnto him by the nowe Comissioneres at the time of this his Examinacion a coppie of the said Rime or songe or the effect therof and he hath likewise sene one other coppie which is annexed to the bill of complainte, And this examinate and the other defendantes haue a coppie of the aforesaide coppie which ar all the coppies that this examinate knoweth to his now remembrance That were made forth of the said Rime or songe (Savinge the said twoo copies by this Examinate delivered as aforesaid) nether hath he added any vndersonge thervnto since the deathe of her Laite Maiestie neither doth he remember where he last sunge the same And further to this Interrogatorie he cannot depose otherwise then he hath already deposed/

To the nynth he saith he hath alreadie aunswered the effect of his Knowlege to this Interrogatorie as he thincketh in aunswere to the eighte Interrogatorie And further deposeth not/

To the tenth and eleauenth Interrogatories he saith That he hath not hard the said Rime or songe sunge by any Stage plaiers fidleres or Musicions, nether hath this Deponent or any other by his meanes consent previtie or procurement delivered or given any Coppies of the said songe or verses to any such persons to haue them sing the same neither hath he nor any other by this Examinates previtie or consent calde for the same songe as a Iyge att the end of any plaie/

To the twelfte thirtenth and fowertenth he saith That theis thre laste Interrogatories ar not directed vnto him, And therefore as he thincketh he is not to aunswere to the same./

(signed) Thomas Grene (signed) Iohn Warter (signed) ffrancis Killingbeck

Item 2, single membrane (10 October 1603) (Interrogatories)

Interrogatories to be ministred vnto William Bowes Edmond Mennell and ffrancis Mitchell ‸⸢°defendants°⸣ at the suite of Michaell Steele Complainant./

Imprimis how longe haue you knowne the said Complainant and how longe haue yow bene acquainted with him, And whether haith not the said Complainant euer since yow were acquainted with him orderly and qietly behaved him self and lived in good sort, Reckoninge & accompte amongst his neighbours or noe./

Itim what cause haith the said Complainant at any time heretofore geven vnto yow to be displeased greved or to reporte evill by him or to make any verses or Rimes on him And vpon what occasion did the same growe./

Itim what libell or libells verses Ryme or other writinge doe yow knowe or haue hard °‸⸢or reported⸣°to haue bene made and and published against the said Complainant and against ffrancis Thornton his maid servant °‸⸢or eyther of theim⸣° and howe many weare the same, And when and by whome weare the same Contrived made and published./

Itim whether did you make and Contrive or did yow cause or procure the libell verses or Rime °‸⸢or any of theim⸣°annexed to the bill of Complaint °‸⸢whereof this ys a coppie to yow now showed⸣° to be made & Contrived or no. or did yowe giue any °‸⸢advice or⸣° instruciones by word or by writinge to °any° person or persons to Contriue or make the same or weare yow privy or Consentinge to the maykeinge therof °‸⸢or any parte yerof⸣° and when and by whome was the same soe made./ °or devised°

Itim whether was not the said libell writinge or Rime ment & intended to be of the Complainant or of whome was the same made mente or intended And °‸⸢whether⸣° haue not yow published or vttered furth in speaches that the said libell writinge or Rime °‸⸢or any part thereof⸣° was made against the Complainant and was ment and intended to be of him./

Itim whether haue yow at any time heretofore sunge said repeted or published the said libell or Rime °‸⸢or any parte yerof⸣° & when & where and what person & persons haue yow moved perswaded or procured to synge or publish the said libell or Rime °‸⸢or any parte thereof⸣° and how often & in what seuerall places haue yow songe said Repetted published or procured or perswaded any other person or persons to singe saye Repete or publishe the same °‸⸢or any parte thereof⸣° And what be the name or names of such person or persons and what kinde of persons be the same/

Itim whether did yow at any time heretofore writ and make or did yow cause to be written and mad any Copy or Copyes of the said libell or Rime and °‸⸢or of how much thereof and whether⸣° did yow deliuer or did yow procure to be deliuered any Copie or Copies of the said libell or Rime °‸⸢or of how much thereof⸣° to any persons and to what seuerall person or persons weare the same deliuered & when and to what end or purpose did yow the same. And is not this writinge to yow now showed att the time of your examinacion a true Copie of the libell or of the substance & effect thereof yea or noe./

°⸢Item had you a copye or dyd you ever wryte or help to wryte a copie of the said libell or Rime how & of whom dyd yow fyrst gett yt reed yt or ⸢here it⸣⸣° Itim what person or persons doe yow knowe to haue had Copies of the said libell or Rime and by whose deliuery or by what meanes came they to the same And when was the first time that yow did Read the said libell or Rime or that yow hard the same Redd or sunge published or Repeted And where & in what Company and how longe since And how came yow first to the knowledge thereof, And how often did yow synge Read or Repeate the same. °‸⸢or any parte thereof⸣° And wheare was the last time that yow did singe or publishe the same And what vnder songe since the death of her maiestie haue yow added to the same, and what were the wordes of the said vndersonge./

Itim whether haue yow att any time heretofore vttered fourth in speaches that the said libell or Rime was made of the Complainant & his maid or was ment or intended by him and his maid. °‸⸢servant or eyther of theim⸣° where & when & to whom & in what Company, and how often did yow soe vtter the said speches and what moved yow yervnto./

Itim whether hath not ⸢°not°⸣ the said libell or Rime bene sunge by stage players as a Iigge °‸⸢vpon the stage⸣° at the end of their playe what be the names of the said players that sunge the same And when & how often and in what Audyence did they or any of them singe the same and wear not yow present & by att the singing thereof, and whether did yow or any by your meanes consent privitye or procure deliuer or giue any Copies of the said libell to the said stage players or to any fidlers or musicians to thintent to haue them singe the same, And how manye Copies weare given to theim. And by whome. And whether doe yow knowe that the same was euer so sunge or said, And where & when & for what purpose And whether did yow or any by your privity or Consent Call for the Iigge att the end of any Play. And when & for what purpose./

Itim whether haue yow hard the said libell or Rime °‸⸢or any parte yerof⸣° sunge as a songe by any fidler or minstrell yea or noe yf yea then whear and how often haue yow soe hard the same sunge And by whose means was the same soe sunge And weare not yow a °‸⸢whether dyd you call for the same and was the⸣° specyall causer that the same was soe sunge or Repeted and did yow euer singe or saye the same & to what end or purpose did you singe or cause the same to be sung

Itim whether weare yow Edward⸢°monde°⸣ Mennell served with proces out of her maiesties highe °‸⸢the⸣° Courte of Starchamber to answere the said bill of Complaint preferred against yow & the other defendantes at the suite of the Complainant or noe And whether was he the plaintiffs servant that did serue yow with the said proces yea or noe.

Itim whatt speaches did yow than vse to the plaintiffes said servant did you say vnto him at or presently after he had deliuered the said proces vnto yow that °‸⸢he⸣° the plaintiffes said servant should haue some<.> what for his paines or noe. And whether did not yow then strike & beat & buffet the said servant about this head and face And did yow then draw bloud of him or noe. And with what weapon or how or in what manner & for what cause did yow soe hurte beate & vse the plaintiffs said servant. And whether did yow take his staffe from him or noe. And doe yow not still Keepe the same

Itim what speaches did yow Edmond Mennell vtter or speake att that time against the Complainant °and whether° did yow not then say that yf the plaintiff had Come himself to haue served the said proces that yow would haue made him haue eaten the said proces. And °‸⸢whether⸣° did not yow then also say that when yow should meete with the plaintiff yow would maike him finde foure payer of legges. And vpon what occasion did yow vse such speaches And what ar all the other wordes that yow did than vtter against the Complainant att that time and what cause had yow to vtter the said woordes or any of them:/ &c

(signed) H Tophan