Star Chamber Case: Hoby v. Eure

TNA: STAC 5/H42/12

item 3, single membrane (Interrogatories)

Interrogatories to be ministred vnto William Eure Esquier William Hylliard gentleman‸⸢°Stephen Hutchinson Richard Cholmly Iohn Cholmly°⸣ George Smith George Wheatly William Borne yeoman & others of the defendantes at the suite of Sir Thomas Posthumus Hoby knight Comp<...>

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Item whether wer you or some of your Companye at Cardes or dise after supper that night you came to the saide howse and some of the rest of your saide Companye lookinge on or standinge by when the saide plaintif or his ffamyly were at prayer in the Hall right vnder the dyninge Roome, where you or some of your saide Company ‸⸢were⸣ soe playinge, And when the saide famylie were singinge a psalme, whether did you or some of your saide Companye hearinge the same stompe and trample with your or there feete, And therewith make a greate noyse and also singe a black santes as yt is tearmed or some other prophane songe duringe the tyme that the saide plaintifes familie were singinge theire psalme and were at prayer yea or not. And what are the names of suche as did soe trample and singe, And what were the Contentes or effectes of the saide songe which was soe songe by you or some of your saide Companye, And whye did you or they soe trample and singe in that disorderlie manner./

Item whether did you knowe or did you not verely thinke that the saide plaintifes famely were at prayers & singinge a psalme when you or some of your Company did make the same noyse and singe the same songe over theire heades yea or not, And whether did you or any of your Companye to your knowledge standinge at a wyndowe neere vnto the plaintifes saide Hall at the tyme of prayer laughe at them and deryde them that were at prayers yea or not./

Item whether did you and your saide Companye begine to stampe & trample & singe the saide songe and vse the saide other gesture at the saide tyme of Devyne prayer as aforesaide before the saide plaintifes famylie had begone theire psalme yea or not/

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item 1, ff [4–4v] (3 February 1660/1) (Examination of William Hilliard of Bishop Wilton)

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To the xvth Interrogatory he sayth that this Defendant & some of his Company played at Cardes after supper that night they came to the said plaintifs howse & that ‸⸢some of⸣ their <..> company were lokinge on & standing by at the same tyme & that this Defendant & his said Company dyd then heare a Psalme sunge ‸⸢or some sort of that time⸣ in the hall right vnderneath the said dyning Roome where this Defendant & his said company were then playing at Cardes, but whether the said plaintif or his family were then at prayer in the said hall or no this defendant does nott know And sayes further that if the said plaintif & his famely were then allso at prayer (as whether they were or no this defendant doth not know) neyther did this Defendant nor any of his said Company in his hearing or at his knowledge Dyd stampe or | extraordynarily trample with their feete & therewith make a great noise or singe of black santes as it is termed or any other prophane sone to the disturbance of as is supposed in this Interrogatory.

To the xvjth Interrogatory he sayth that there was no noyse trampling or stamping made ‸⸢or any black sanctus or other prophane song⸣ ‸⸢sung by⸣by this Defendant or to his knowledge by any of his Company knowinge the said plaintif or his family to be at prayers ‸⸢or singing of Psalmes⸣ in the said hall or in Disturbance of any such servyce prayers or singing neyther was there any ‸⸢kynde of⸣ extraordynary noyse at all made in the said dyning Roome by this defendant or any of his Company that he knoweth of And further this Defendant sayth that neyther has this Defendant nor anyother of his said Company to his knowledge ⸢‸dyd⸣ stand att the wynddow neere vnto the said plaintifes hall at the tyme of supposed prayer & there laugh ‸⸢at⸣ & Deryde them that were at prayers as is supposed. Neyther can this Defendant now depose whether he this defendant Dyd then thincke <.> that the said plaintif & his famely were at prayers or not

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f [8v] (Examination of William Bourne of Hutton Buscel)

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To the xvth Interrogatory he sayth that this defendant dyd not playe at Cardes or dyce, nor sawe any other playe at Cardes or Dyce the said night after he came to the said plaintifes howse as aforesaid. Nor Dyd after his ‸⸢then⸣ coming to the said plaintif his howse singe ‸⸢or heard sing⸣ the blacke sanctus or any other prophane songes in the said plaintifes howse nor Dyd ‸⸢make any noyse,⸣ stampe, ‸⸢or⸣ trample or with his feete nor dyd heare any other make any noyse, stampe or trample with their feete during at any tyme after the defendantes said coming to the said plaintifes howse And sayth that if any of theis thinges were donne, they were done before this defendant was thither

To the xvjth Interrogatory he sayth ‸⸢that⸣ he neyther hard prayers, nor sawe any at prayers in the said playntiffes howse after his Coming thither. then Nor ‸⸢sawe or⸣ hard any such Laughing or derision vsed as is surmized in this Interrogatory.

To the xvijth Interrogatory he sayth as he said before and more sayth not to this Interrogatory.

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item 1, ff [11–11v] (Examination of George Wheatley of Pickering)

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To the xvth Interrogatory he saithe that the said gentlemen were att Cardes after Supper the same nighte they came to the said plaintifes howse and some of their said companie were then lookinge on and standinge by when the said gentlemen so played att Cardes But whether the said plaintif or his familie were then att prayers in the hall righte vnder the Dyninge roome of where the said gentlemen were so playinge att Cardes or nott this defendant cannot depose Butt this Defendant well remembrethe that there was a psallme then songe in sunge in the said hall by some of the said plaintifes howse, And saithe that neither he this Defendant nor anie of his said companie hearinge the same Did stampe or trample with his or their feete and therwith make a greate noyse or singe the blacke sanctus as yt is tearmed or anie other prophane songe Duringe the tyme that the said plaintifes familie were singinge their psallme or were att prayers as in this Interrogatory is supposed./|

To the xvjth Interrogatory he saithe and first to the first parte thereof he saithe as he hath before said to the xvth Interrogatory nexte precedent And saithe further that neither he this defendant nor anie of his Companie to his knowledge standinge att the windowe Did laughe or deride att them that were at prayers as in this Interrogatory is surmised./

To the xvijth Interrogatory he saithe as he hath before said to the xvth Interrogatory And more saithe nott to this Interrogatory./

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item 1, ff [14–14v] (Examination of George Smith)

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To the xvth Interrogatory he sayth that the said Mr William Eure & the rest of the said gentlemen in his company were at Cardes after supper the same night they came thither, & this Defendant & some | other of the Company were then looking on & standing by, the said plaintif, or any of his family not being then at prayers in the hall vnder the dyninge roome to the knowledg or vnderstanding of this defendant, but this Defendant Dyd then heare a Psalme songe in the said hall, or some songe after ‸⸢like vnto⸣ the tune of a Psalme. And further this Defendant sayth that neyther he this Defendant nor any of his said Company to his knowledg Dyd ‸⸢during⸣ the said tyme intended in the Interrogatory stampe and trample with his or their feete & therewith make a great noyse ‸⸢&⸣ or singe the blacke santes as it is termed or any other prophane songe duringe the ‸⸢said⸣ tyme that the said plaintifes familie were singing as in this Interrogatory is supposed.

To the xvjth Interrogatory he sayth that neyther he this Defendant nor any other of his company to his knowledg Dyd laugh or deryde at them that were at prayers or singing as in this Interrogatory is supposed And further sayth as he sayd before to the xvth Interrogatory And more to this Interrogatory he cannott depose.

To the xvijth Interrogatory he sayth that neither he this Defendant nor any of his said Company to his knowledg Dyd ‸⸢at all sung singe any prophane song or⸣ so stampe or trample as in this Interrogatory ys surmized

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item 1, ff [19v–20] (Examination of William Eure of Witton)

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To the xvth Interrogatory he saithe that he this Defendant and some of the gentlemen in his companie were att Cardes after Supper that night they came to the said plaintifes howse And that some of the said Companie were then standinge by and lookinge on, nott ‸⸢then⸣ knowinge or hearinge of anie prayers in the said hall to this Defendantes nowe remembrance And Butt this Defendant saithe that he did then heare a psallme or a songe sunge after the tune of a psallme in the said hall att that tyme Neither And that neither he this Defendant nor anie of his companie to his knowledge hearinge the same did stampe or trample with his or their feete and therewith make a greate noyse and singe the blacke sanctes or anie other prophane songe Duringe the tyme of the singinge of the said psallme or the supposed sayinge of prayers in the said hall as in this Interrogatory ys pretended./

To the xvjth Interrogatory he saithe that neither he this defendant nor anie other of his companie to his knowledge Did laughe or Deride att them that were att prayers as in this Interrogatory is supposed And further to this Interrogatory he saithe as he said before to the xvth Interrogatory And more saithe nott to this Interrogatory./

To the xvijth Interrogatory he saithe he can say noe more than he hath before said to the xvth and xvjth Interrogatories./

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