Star Chamber Case: Hoby v. Eure

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

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Item whether doe you know or haue you crediblye heard of any other Riotous outragious wycked or malycious actes or Wordes Comytted or vttered either at the plaintifs howse about Auguste aforesayd ‸⸢or at any other tyme or place⸣ by the sayd defendantes or any of them agaynst or Concerninge the plaintif his wyffe or ffamylye or Concerning Rychard Rhodes preacher of godes word at Hacknes or agaynst any of them yea or nott yf yea then what wer thos Ryotous outragious wycked or malycyous actes or wordes which have been by the Comytted or vttered by the sayd defendantes or any of them And ‸⸢wher when &⸣ by which of the sayd defendantes wer the sayd Riotous outragious wycked or malycious actes or wordes soe Comytted or vttered declare heerin the truth to your knowledge or as yow have heard./

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Item 3, mb [1], dorse (11 June 1601) (Deposition of Raphe Marsone, aged about 40)

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To the 7 he saith yat when ye defendantes were at the plaintiffs house ye said George Smith asked if Mr Rodes were at home, and this Examinant told him he was not at home, and more he did not heare the said Smith Saie...

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mb [2] (Deposition of Katherin Jeffreyson, aged about 22, servant of John Rayne of Hacknes)

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To the 6 & 7 shee saith yat after ye defendantes had bene at ye Plaintiffs house they went To Wiliam Burnes house, but what they did or said their shee knoweth not howbeit shee heard one Wiliam Buttrie Tell this Examinantes Dame yat one of the defendantes Asked for Mr Rodes, and said yat if they had him they would geld him But whether his Report were true or not shee knoweth not nor anie further can saie to these Interrogatories

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(Deposition of William Skinner of Hackness, tailor, aged about 23)

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....To ye 6 & 7 he saith he heard one Mr Buttrie saie yat he mett ye defendantes as they were Riding awaie from ye Plaintiffs house & yat one of them asked for Mr Rodes & said yat he would giue five markes to speake withe him & yat if he had Mr Rodes he would geld him or to yat effect which is all he can depose to these Interrogatories/

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Item 5, single membrane (Interrogatories on behalf of William Eure)

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Item whether was ther th any prayers said in the Complaynantes howse that night Whoe said them whether was the playntiff ther himself whether weare yow ther whether did any person giue knowledge to the deffendantes that any such prayers was sayd whoe did giue them knowledge thereof whether did the deffendantes knowe that any prayers were soe said yf yea by what meanes doe you thinke they did knowe the same by what meanes and in what sort did they disturbe and hinder the same whither did they the same purposslie what moveth you soe to thinke. Depose what servantes of the complaynant or others by his appoyntment did attend the said defendantes after supper till they went to bed Declare theire names whoe did serve the deffendantes theire lodginge Chambers or whoe were reddye to shewe the same Declare there names and wher they attended for that purpose And at what tyme did the deffendantes‸ ⸢goe to⸣ theire reste and and whether ‸ ⸢were⸣ any of them discontented with the playntiff or did they accompt the want of attendance to the complaynant or speak any wordes shewing any discontententment Declare the speaches and the truth of Your knowledge,

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Item 4, single membrane (12 June 1601) (Deposition of William Jordan, aged about 45, servant to Sir Richard Mauleverer)

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To ye .7. he saith yat their were prayers saide in ye hall in ye Plaintifs house that night, ye Plaintif himself not being then present, which Praiers were said by William Ashton And this deponent was their at those praiers, And he knew of no person that gaue ye defendantes or anie of them knowledge of saying ye said praiers, for ye gentlemen were then aboue in the Chamber, And when this deponent & others were singing a Psalme in ye hall they were disturbed by the defendantes treading and singing some songe, but whether the defendantes then knewe that this deponent & others were at prayers in the hall or not he knoweth not, for he knewe of no man that gaue them knowledge of those praiers, neither knoweth he whether anie of the Plaintifs men did that night waite on the defendantes to bedd or shewe them their lodging, But ye Plaintifs Chamberlaine tolde this Examinat yat he tolde ye defendantes men where their Lodging was, and yat he attended for them, And as he thinketh the defendantes went that night to bedd about viij^t or ix aclocke, And this Examinat knewe of no discontentment yat anie of the defendantes shewed that night/

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single membrane, dorse (Deposition of Henry Braythwayte of Hackness, aged about 22, tailor)

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To the 7 he saith yat their were praiers said in the playntiffes hall that night by one Mr Ashton where this Examinant was present but the playntiff was not theyr. And saith that the defendantes had no knowledge given them of those prayers he knew of and for their Interruption at praiers the same was no otherwise done but as aforesaid and whether the same was purposely done or not he knoweth not, And this deponent knewe of none of the playntiffes servantes that shewed the defendantes their bed that night, But the defendantes went that night to bed about Nyne of the Clocke, And this Examinant knewe of none of the defendantes that were discontented for anie matter whatsoeuer in the playntiffes house that night./ ...

Item 13, single membrane (25 May 1601) (Rejoinder of William Eure)

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The said defendant doth & will averre mayneteyne iustifie & proue all & euerye the matters & thinges in his said answere Conteyned to bee iust true certayne & sufficient in such manner & forme as the same ‸ ⸢is by him⸣ in his said Answere sett downe & spe<...> that the replycacion of the said Complaynant in all & euerye the matters & thinges wherein the same denyeth anye parte of the substance of this defendantes answere is false and vntrue. And this defendant further saythe that forasmuch as there is verie ly<...> nothinge at all in the saide replycacion conteyned materiall for this defendant to reioyne vnto & lytle or nothinge at all pertynent or belonginge to the said bill of Complaynt therefore this defendant by the lycence & fauour of this honorable courte doth demurr in lawe vpon somuch of the said replycacion as is not pertinent vnto nor Conteyned in the said bill & most humblie demaundeth the fauorable iudgement & Consideracion of this honorable courte in the same howbeit for the better satisffacion of this Courte touchinge the said replycacion to the vttermost of this defendantes knowledge & soe farr foorthe as dothe or may concerne him this defendant he this defendant saythe that the said Complaynant hathe nowe more apparantlye shewed his malice against the said lord Ewrie in this sute wherin the said lord Ewrie is no partye then euer before & that this sute was the rather brought & sett on foote to bringe in question the reputacion & honor of the said ryght honorable the lord Ewrie beinge no partie to the said ‸⸢bill⸣ then for any other cause of iust Complaynt against the defendantes which the better doth manyfest & declare the defendantes answere & the matters therin Conteyned to bee true & that the said Complaynt intendeth nothinge els but to colour his malice borne against the said lord Ewrie wherof this defendant hopeth this court will haue dew Consideracion. Without that that this defendant haueynge byne before that tyme kyndelie interteyned by the Complaynant at his said house did then bringe Cardes with him thether & played therwith as yt were in dispite of the playntiffe hee then perceivinge that therebye hee did gyue him offence & that yt was not a thinge vsed in his house as is in & by the said bill and replycacion of Complaynt vntruelie alledged neyther did this defendant suspect the Complaynant to be so precise, that the recreacion ‸ ⸢vsed⸣ without offence amongst gentlemen coulde offend him neyther dyd hee ever so narrowlye looke into or obserue the Complaynant as hee could be acquainted with his vsages. And without that alsoe that yt is not the parte of anye man of Civilitie to bringe Cardes to anye other gentlemens houses when hee cometh ffor this defendant sayth that yt is not offensiue or vncivill when gentlemen ryde abrode to bee mearie in honest manner to take with them such instrumentes as are fytt to be vsed for there honest recreacion as well within dores as without. And without that reportes of the said playntiff & his said wyef vpon his said first beinge att the said playntiff his saide house as is in & by the said replycacion likewyse vntruelie & falselie surmysed. And without that alsoe that this defendant knewe at his seconde Comynge to the playntiffs said house that the plaintiff was given to vnderstande that hee vsed any suche report as is likewise in & by the said replycacion vntruely surmysed & this defendant would have made more certayne answere to the same yf the playntiff had certainely sett downe the same which hee hath not donne as this defendant thinketh because yt is a matter onely ffayned by the Complaynant to geue some color to his the Complaynantes surmysed Complaynt without any iust cause Without that alsoe that the Complaynant dyd hym selfe offer to bringe the said defendantes vnto there Chambers after such tyme as the said defendantes had tolde the sayd Complaynant that they were sleepie & could wishe them selues in bedd. Or that they refused to leaue there play to goe with the said playntiff as is likewise by the said replycacion vntruely alledged And without that also that this defendant & his Companie some halfe hower after the playntyffe was departed from them & at such tyme as the Complaynantes servantes were att there sayd prayers & after the same were begon & before they were fynished went to there bedd Chamber which was the cause that there went none of the Complaynantes servantes to attend them as is in & by the said replycacion vntruelie surmysed. And without that alsoe that this defendant William Ewrie & his said Company made a greate & vnde vnorderlye noyse at there playinge at Cardes the saide mornyng which in deede was verye offensiue to the said playntiffes wyfe then beynge sicke & in hearynge thereof & donne purposelie by them to geue the said playntiffe & his said wyfe occasion of offence. Or that thervpon the said Jo<.>dayne was fyrste sente by the said Complaynant to this defendant William Ewrie and the rest of his Companye to signifie vnto them that there said disorderlye plays & noyse was troublesome to the said playntiffes wyfe beying sicke & to tell them that yf they would leaue those disorderlye Courses they shoulde bee welcome to the said playntiffes house. Or that thervpon this defendant & the rest of the Companye beyng offended with that message contynewed that said disorders in more spiteful sorte then before. Or that this defendant dyd short<...> after send by one Roberte Nettleton another of the Complaynantes servantes an vnceyvell and rude message vnto the Complaynant that the Complaynant should sende worde to him this defendant & the rest of his Companye what Charges they had put them t<.> & they would pay the said Complaynant for yt & sett vpp hornes at the said Complaynantes gate & bee gone. Or that then & not before the said Complaynant did sende this defendant & his said Companye worde by the said Robert Nettleton that they should departe his said house as is in & by the said replycacion most vntruelie surmysed. And without that alsoe that this defendant affirmed hee would not departe the said Playntiffes house before hee had seene the said Playntiffes w<...> Or that thervpon shee beynge then sycke verye vnwillinglie admytted hym onelye & expostulated with him this defendant for his said disorderlie behavour & vncurteous & fowle speech as aforesaid as is in & by the said replycacion most vntruely surmysed. And without that also that the ryght honorable the lord Ewrie then vice president of the said Councell stopped the said messenger from executinge his said Comission & tooke from him his said Comission & sente him backe agayne to Yorke without arrestinge any of the said defendantes. Or that his lordshipe dislyked of that course that his sonne brother frendes Allies & servantes should so bee Bounde to the peace or good behavour as is in & by the replycacion of the said Complaynant most scandalouslye & falsely sett downe & declared. ffor this defendant saythe that the lettere pretended by the Complaynant to bee sente to the Councell of the Northe was delyuered to the lord bushoppe of lymericke whervpon hee sente his lettere to the said ryght honorable the lord Ewrie with a Coppie of the said Complaynantes pretended lettere therein inclosed & the said lord bushope of L<..>ricke dyd in his said lettere signifie vnto the said ryght honorable the lord Ewrie, that hee had sente the pursevant with that his lettere, & had delyuered vnto him her maiesties Comission vnder the signett to call the gentlemen to the councell table to enter bonde for the Peace & the defendant <..>y<.> for his good beheavour Neuertheles for that no other of the Councell was there, & hee alone had no authoritie to execute any thinge under her maiesties signett, but two of the said honorable Councell at the least ought to be at the dooynge thereof therfore his lordshippe dyd by his said lettere referre yt to the saide the ryght honorable the lord Ewrie whether it were fytt the said Comission should bee put in execucion or to take such other<...> as should seeme good in his honorable wisdome as by the said lettere appeareth vpon which said lettere thus sent vnto him by the said lord bushoppe of Lymericke, the said lord Ewrie toulde the pursevant who was verye desyrous to <...> his lordshippes pleasure touchinge the executinge of the said Comission, that hee would not hinder the pursevant to execute the said Comission yf hee soe thoughte yt fytt, but the said pursevant vtterly refused to execute the saide Comission as havinge beene formerlye soe Commaunded by the said bushoppe of Lymericke excepte the said right honorable the lord Ewrie would expresselye commaund him thervnto. Whervpon the said pursevant retorned to the said lord bushopp of Lymericke with a letter from the said lord Ewrie to the said bushopp wherin hee signefyed vnto him that hee woulde sende for the defendantes & examyne them & yf hee founde cause vppon there examinacions hee would sende them to be bounde which said letter the said pursevant conveyed to the said lord bushoppe accordinglie And furthe with the said lord Ewrie sent for the said defendantes who were then not come hoame synce they had beene at the Complayantes house. whervpon they presentlye repared to the said lord Ewrie accordingly who did vpon the defendantes hoamecominge truelye examine the said defendantes touchinge the defendantes surmyses & althoughe hee founde no cause at all why the defendantes should bee bounde to the Peace yet the said Lord Ewrie dyd then straitelye Commaunde & charge them that they should keep her maiestes Peace in all dutefull & obedient manner bothe towardes the said Complaynant & all other his followers whose honorable Comaunde herein was a more stricter bonde vnto these defendantes then a recognizance of a great penaltye neyther dyd these defendantes in deede or worde or any kynde of shewe violate the same. Without that the said lord Ewrye then vice president of the said Councell stopped the said messenger from executinge the said Comission and tooke from hym the said Commission or that his lordshippe dislyked of that course that his sonne brother frendes allyes & servantes should bee so bounde to peace or good behauiour as the Complaynant hathe by the said replycacion slaunderousl<...> vntrewly <...>rmysed ffor the defendant saythe yat shortely after the said Lord Ewrye had examined these defendants as aforesaide hee sent his newe lettres to the lorde bushop of Lymerick to entreat him to <...> before the Councell theire at the Councell table at a day therin prefixed where the defendant should alsoe bee present that the informacion of the plaintiff & allegacions of the defendant might fullye bee herd <...> of the queens learned Councell there suche Iustices ‸ ⸢mighte⸣ bee done as the equitie of the cause required And w<........> said Complaynant dothe in his said replycacion goe aboute to ympose a moste scandalouse ymputacion <...> all her maiestes said Counsell in the Northe yat had the hearynge of his cause pretendinge that when hee had understan<.....>at the defendantes were not bounde to the peace & good behavior accordinge to his said humble petycion <...> said lettres, hee the said Complaynant dyd eftsoones make A new & humble mocion to the said Councell to have the defendantes bounde to the peace & good behaviour in such manner as before in his said lettres hee had desyred b<..........>ne was not then granted thoughe the said Complaynant dyd then verie earnestlie and often sue for the same & offred to take his oathe before her maiestes said Councell that hee was <...> feare that the said lord Ewres sonne (meaninge this defendant) brother servantes or tenauntes woulde doe him some myschief or offer him some violence for answere thereunto this defendant sayeth that herein the Complaynant doth ryght<...> descifer his hawtie humor who doth not onely ymperiouselye seeke to overrule all the Justices of peace with whom hee is ioyned in Comyssion in her maiestes <...> the Cuntry by his to much arrogancie but als<...> in this honorable Court endevor to disgrace her maiestes said Councell by layeinge vpon them an ymputacion of Iniustice, wheras the said Councell dyd to there exceedinge great travell & paines treat an ende of all <...> betweene the Complaynant & the defendantes & by there mediacions & great wisdomes the ende in this defendantes answere mencioned was sett downe & therunto both the Complaynant & the defendantes & alsoe the said ⸢said⸣ Councell subscrybed there <...> which ende thus sett downe both the defendantes& all the said Councell thought would have been a fynall end of all causes whatsoeuer betweene the Complaynant & the defendantes. And so this defendant assureth himselfe yt would haue beene, yf any man of an indiffer<...> spirit that had beene no dissembler had held the place of the Complaynant which yf it had soe beene as yt was verelie by this defendant expected yt should, then had ther ‸ ⸢not⸣ beene any Color or cause of Contynuance of dislikes between the Complaynant & <...> & consequently noe cause whie peace should haue beene granted against the said defendantes & especially againste because this defendant is verye well assured that after that after that reconcylement the Complaynant new demaunded the peace against the defendantes With<...> that that while these matters were so consulted of which was three days this defendant & the rest of the said gentlemen defendantes dyd daylie in the Cittye of Yorke in malicious & spitefull manner talke of & publishe there said <...> & demeanours at there said beinge att the said plaintiffes hous<...>as is in & bye the said replycacion falslye surmysed. And wheras the Complaynant doth further suggest by his said replycacion that the said right honorable the lord Ewrie at the Complaynantes fyrst apparance dyd labor & propounde it to the rest of the Councell in the hearynge of the said Complaynant that the Complaynant might bee enioyned to presente against the defendant being his sonne, brother allyes, frends & servants before himself & the said councell at Yorke & not elsewhere concerninge the premisses & to withdrawe his former Complaynt therof made vnto the lords of her maiestes most honorable privie Councell & not to Comence any suite thervpon in this Court, for answere thervnto this defendant sayethe that yf the ‸ ⸢said⸣right honorable the lord Ewrie did make such a mocion hee had in this defendantes opinion great reason thervnto for there Comission doth authorise them to heare & determine misdeameanours of that nature in that Countie & especiallye when all the parties are Comorant within the Countie, & also hee was well assured that the reuerence the defendantes so standinge in bloode alliance or service to him did beare vnto him was such that his onelie worde woulde bee a lawe sufficient to tye them & much more beinge assisted by the authoritie of the Councell, neyther was the offence (yf any were) soe great but yt might well haue there beene censured the greatest parte of the offence taken consistinge in that the defendantes came in good will to the Complaynantes house, before they were invited & there played at Cardes before they asked the Complaynant leaue, but such is the hight of the Complaynantes pride, that hee scorneth to bee censured by anye but the highest. Without that that when as the Complaynant humblye intreated the said lord Ewrie that hee would giue but his honorable worde that this defendant his sonne & brother should keepe the peace the said lord Ewrie refusinge the same, further then that they might demaunde satisfaccion of the plaintiff yf they should meete him where he was no magistrate addinge to that speech a longe discourse of Duells & of honorable qu<...>les quarrells which hee ended sayinge for Sr Thomas Hobbie yow must not thinke that men haue swordes onely to weare them but sometymes to drawe them to defend there reputacions as is & by the said replycacion moste vntruelie suggested for this defendant sayth that the ryght honorable the lord Ewrie offered to giue his word for this defendant & the rest of the defendantes for any violence of drawinge a sword against the Complaynant offensiuelye & not vrged therto by himselfe And without that alsoe that vpon anye speaches vsed by the said lord Ewrie the said Complaynant fearinge some violence would bee offred him by the saide defendantes or some of them & seeinge that hee coulde not in all that space obteyne the peace against the defendantes was verie vnwillinglie & in a manner thervnto constrayned for his owne safetie drawe to a kinde of acknowledgement by the said Councell which by the <...> put in wrytinge as is also in & by the said replycacion moste untruelie surmysed. ffor this defendant sayeth that excepte the Complaynant bee a deepe dissembler makeinge showe of one thinge & intending another th<...> hee dyd both <...> & willinglie subscribe to that reconcilement soe put in writing by the said Councell & in outward shewed dyd verye willinglie <...>pte & imbrace so good & frendlie emend & seemed to be very glad the<...> Without that that this defendant hathe in settinge downe the same acknowledgment purposelye and advysedlye omytted some parte therof which maketh most against hymselfe as is likewise ‸ ⸢in⸣ & by the said replycacion most untruelie surmysed. And without that that the Complaynant did then soe vnderstande the said acknowledgement that the sonne should bee no barre to him the Complaynant to presente against them the defendantes in this court for the said pretended ryotous outrages the said Complaynant not hauing protested the Contrarye in his said acknowledgement as is in & by the said Complaynant in his said replycacion untrulye syrmysed. ffor this defendant sayeth that the wordes of the acknowledgment beinge as they are by the playntiff hym selfe sett downe in this replycacion viz. that what vnkindenes the mystatinges or mysreportinges on eyther syde haith bredd but sides are well Content to putt upp & forgett & intertayne the lovinge kindenes one of an other, noe man of Common vnderstandinge can vnderstand the Contrarye but that yt was intended that all suites whatsoeuer should cease for these causes & so this defendant dyd take the same & by other Construccion the said acknowledgment were to noe purpose. And without that also that the said Complaynant vpon his substay<...>nowledgement protested to the said Councell that hee would not by anye meanes with drawe his former Complaynt made therof to the lordes & others of her maiestes most honorable privie Councell. Or that hee refused to any mayn<...>ell at Yorke with the Coppie of the said Complaynt. Or absolutelye refused before the said Councell to <.>tes<.> vnto his, the said Complayntes honorable frendes that hee was fully satysfied with the protestacions then mad<....>by the said gentleman the defendant as is in & by the said replycacion alsoe most vntruelye surmysed/ And without that alsoe that the said Lord Ewrie & the other gentlemen the defendantes vnderstand that there was noe fynall and absolute agre<...>be made of the said matter. Or that the said Lord Ewrie after the said acknowledgement made sought to haue had the said plaintiffes ‸ ⸢compelled⸣ to giue a more publique satisfaccion to the said defendantes affirminge the said acknowledgement was <...>pryvate, Or that the said defendantes or some of them haue sythence raysed & spreed abrode verye malicious slaunderous & dispitefull reportes of the said Complaynant & his said wife affirminge that the said Complaynante had re<...>in his said acknowledgement all his Complaintes formerlye made against them. Or that the said Complaynant or his said wife durst not chardge them the said defendantes with some matters which did passe when they were soe at the p<...>use for that they dyd touch them nerelye in Credite. Or that the defendantes haue scattered abrode sythence the said acknowledgement before the said Councells dyuers other vntrue & slaunderous reportes as is likewyse in &<...>the said replycacion most vntruely surmysed./ And without that that anye other thinge in the said replycacion conteyned materyall or effectuall to bee by him this defendant reioyned vnto & is not in this ‸ ⸢his⸣ reyoynder sufficyent<...>confessed and avoyded, trauersed or denyed is true All which matters this defendant is & will bee readye to averr iustifie mayneteyne & proue as this honorable Courte sh<.....>ard. And prayeth as hee before in his said answere ⸢he⸣ hath<..>prayed./

(signed) William Penn<....>