Item 2, single membrane (Bill of indictment)
To the Kinges most excellent Maiestie
In all humblenes sheweth and informeth vnto your most excellent
Maiestie Sir Henry Hobart Knight your highnes Attorney
generall That wheras by vertue of the seuerall Comissions of the late
Queene Elizabeth and of your Maiestie Sir Thomas Posthumus Hoby
Knight hath by the space of twelue yeares now last paste together bene and yet is a Iustice
of peace and one of the Quorum of the sayd Comission within the Easte and
North
Riddinges of your highnes Countye of
york And likewise by all the time aforesayd hath bene and yett is a Commissioner of
Oyer and Terminer and one of the quorum of the sayd Commission within your
highnes sayd Countye of yorke And wheras it hath gratiously pleased your most
excellent Maiestie since your Maiesties most happie enterance and
accesse into this Lande to nominate and appoynte the sayd Sir Thomas Postumus Hoby
to be one of your Maiesties Councell in the North partes and as
it hath pleased your excellent Maiestie and the Lordes of your
most honourable privie Counsell of your gratious and their
honourable opynions Conceived of his fidelitie and indeavour to imploye him in the
sayd services who hath in the execucion of them <..> to the
vttermost of his best skill and ability proceeded for the best advancement of
your highnes service without favor or respecte of persons and
without iust cause of greevance to any of your
Maiesties subiectes And wheras within the sayd North
Riddinge and within the devision wher the sayd Sir Thomas was a Iustice
one Richard Cholmley of Whitby in the sayd North Ridding knight sonne and heire
apparant of Henry Cholmley of Roxby in the sayd Northridding knight doth dwell and
inhabitt And without any iust cause of offence given hath euer lodged in
his harte a deepe and grounded Mallice and purpose of revenge against the said ‸⸢°Sir°⸣ Thomas and to manifest the same the
more
the sayd Sir Richard Cholmley with some other of his Complices heretofore
offered vnto the sayd Sir Thomas an intollerable disgrace and outrage in his owne
howse for which the sayd Sir Richard Chomley was iustly Censured in
your Maiesties high Courte of Starchamber who thirvppon tooke
<..> occasion to growe worse affected towardes the sayd
Sir Thomas then before and with malicious mynde plotted and resolued how
hee might worke revenge on him and to that purpose hee entertayned into his service one
william Harrison who hee knewe formerly to haue serued the sayd Sir Thomas and his
wief and to haue bene trusted by his sayd wief in her late widdowhood to administer the
goodes and Chattelles of Thomas Sidney esquier deceased her late husbande
and for his fowle abuse in falsifyinge the trust in him reposed as aforesayd to bee putt
forth of his service who being thus reteyned by the said Sir Richard Cholmley soe
soone as the sayd Sir Richard Cholmley had knowledge that the sayd Sir
Thomas was bound by obligacion in one thousand fiue hundred poundes to
saue the sayd Harrison harmles from all charges and expences of suites which might
bee Commenced against him the sayd Harrison by reason of the sayd administracion
the sayd Sir Richard Cholmley of sett purpose and out of a malitious mynde to vex the said
Sir Thomas and to drawe him into daunger of forfeiture of the sayd penall bond
Combyned with the sayd Harrison, and they two diuerse tymes Conferred
practized and plotted togither how to drawe the said Sir Thomas into the forfeiture
of his said bond of one thousand five hundred powndes And the better to effecte the same the
sayd Sir Richard Cholmley Carryed the sayd Harrison to London and ther the sayd Sir Richard Cholmley and the sayd Harrison Combyned
Confederated, and Covenously practised with one christofer Porter of
London a pretended Creditor of the sayd Thomas Sydneyes that the sayd Harrison
should bee arrested by the sayd Porter which accordingly by Covyn and Confederacy
aforesaid was effected And therby the bond of one thousand five hundreth poundes of
the said Sir Thomas in strictnes of lawe became forfeited notwithstandinge
the sayd Sir Thomas and his wief had longe before payed a greater some of money
towardes the debtes of the sayd Sir Thomas Sydney then his goodes
did amount vnto, and had before procured a Quietus est for the sayd Harrison of all
such somes of money as hee was bound to pay by vertue of the sayd administracion,
And when the sayd Sir Thomas would haue removed the sayd Harrison by your
Maiesties writt of habeas Corpus which hee procured
forth of your Maiesties bench from the Counter in London into
your Maiesties bench The sayd Sir Richard Cholmley
prevented the sayd Sir Thomas by baylinge the sayd Harrison and became
bound that hee should appeare at the sheriffes Courtes at London of purpose to
compell the sayd Sir Thomas to pay the forfeiture of the sayd bonde ‸⸢of⸣ one thousand five hundred poundes And the sayd Sir
Thomas endevouringe to have served your Maiesties writt of
subpena vppon the sayd Harrison to haue had him answer vnto a bill exhibited by the sayd
Sir Thomas into your Maiesties high Court of Chancery
for his relief in the premisses of the sayd Sir Richard Cholmley kepte the
said Harrison private in his lodging and beinge asked by such as were appoynted to serve
your Maiesties proces vppon the sayd Harrison whether
the sayd Harrison were within the lodginge hee denied his beinge ther when in truth
the sayd Harrison was in that house, and was afterwardes serued with your
Maiesties sayd proces and did answer vnto the sayd Sir
Thomas his bill And vppon the full hearinge of the Cause in open Courte yt was ordered that
the bonde of one thousand fyve hundred poundes should bee redeliuered vnto
the sayd Sir Thomas to bee cancelled which was performed
accordingly And after the sayd bonde of one thousand five hundred poundes was
cancelled wherby the said Sir Richard Cholmley perceiued that the said
Sir Thomas could bee no further dampnified by meanes of the sayd Harrison The sayd
Sir Richard Cholmley did ymediately putt the sayd Harrison forth of service And
the sayd Sir Richard Cholmley procuringe himself soone after to bee made a Iustice
of peace within the sayd North Ridding of your Maiesties
sayd County of yorke hath euer since shewed and borne a deepe and inveterate
mallice towardes the sayd Sir Thomas And discouered the same at
publique meetinges aswell when occasione of your
Maiesties service was offered as otherwise yf the sayd Sir
Thomas were presente, his carryage beinge such as that hee purposely held acourse
to provoke him the sayd Sir Thomas to quarell to the disturbance of
Iustice And namely and particularly in or aboute the moneth of September in the
yeare of our Lord god one thousand sixe hundred and five the sayd Sir Richard
Cholmley meetinge with the sayd Sir Thomas and other Iustices of the peace
within the sayd North Ridding at a Muster kepte in a place neere vnto pickeringe in your Maiesties sayd Countye of yorke The
sayd Sir Richard Cholmley beinge then a Iustice of peace within the sayd
North Ridding began to brave the sayd Sir Thomas and entered into comparison
with him in the face of the Countrye and ther vttered many provokinge
speeches to him of purpose and malicious intent to stirr vpp quarrell and to disturbe the
service supposinge that the sayd Sir Thomas would therby haue bene induced to
forgett himself And the nexte yere followinge that is to say in or aboute the moneth of
october in the yere of our Lord god one thousand sixe hundred and sixe, the sayd
Sir Richard Cholmley beinge then likewise a Iustice of peace within the
sayd North Ridding meetinge with the sayd Sir Thomas and one Sir
Richard Etherington of Ebberstone in your Maiesties
sayd Countye of yorke knight beinge then and yett another Iustice of peace in the sayd North
Ridding at a place nere vnto Dalby in Pickering lyth in your Maiesties sayd County of Yorke
about the like service of takeinge of a Muster, the sayd Sir Richard Cholmley
havinge noe Cause of quarrell to the sayd Sir Richard Etherington but of malicious
purpose to worke his will and revenge vppon the sayd Sir Thomas in whose companie
hee was did vtter manye bravinge and insolent speeches of disgrace to the sayd Sir
Richard Etherington ‸⸢and contynued bravinge of the sayd Sir
Richard Etherington⸣ home to his owne howse and within his owne doores
purposinge and resoluinge as himself hath since affyrmed yf any sword had bene drawne to
haue wrought his will and revenged himself vppon the sayd sir Thomas And shortly after the
sayd Sir Richard Cholmley then beinge a Iustice of peace within the sayd
North Ridding tooke occasione to quarrell with one Mychaell Wharton a
frinde to the sayd Sir Thomas and appoynted to have foughte with him in
the field at a place Called Crayke hill in your Maiesties sayd
Countye of yorke without dewe regard had of the oath which hee had taken
to preserve your Maiesties peace aswell in himself as
others. And fyndinge that none of his malicious proiectes, nor quarrelsome
courses would sorte to his mynde and expectacion nor could provoke the
sayd Sir Thomas to any violente revenge or to giue occasione of the breatch of
your highnes peace to sayd Sir Richard Cholmley vnder Couller of his
office of Iustice of peace hath diuers tymes since your
Maiesties generall and free pardon indevoured and
saught to crosse the sayd Sir Thomas in such services as the sayd Sir
Thomas vndertooke to performe in the dutye of his place for the good and quiett of
the Country And the sayd Sir Thomas with the helpe of one other Iustice of
peace within the sayd North Ridding haueinge appoynted a day and place for
the execucion of your Maiesties service ‸⸢in preuentinge regratinge and forestallinge of Corne and setting
order for the bringinge of Corne to the market by such as had plentie accordinge to your
Maiesties direction published to that end⸣ The sayd Sir Richard Cholmley
voluntarily and maliciously repayred thither and openly and insolently before the poeple
sought to disgrace the sayd Sir Thomas Hoby and published that his
warrantes were vnlawfull, and that hee had vnlawfully entred into the service and
vttered many malitious and provokeinge speeches against the sayd Sir
Thomas Hoby wherby the service for your Maiestie appoynted Could not be
effected And of late since your Maiesties sayd generall
and free pardon the sayd Sir Thomas havinge received notice that a sort of
obstynate popish Recusantes dwellinge at Egton in the sayd North Ridding about fower Myles from the dwelling howse of the sayd
Sir Richard Cholmley had taken vppon them to become ‸⸢common⸣ Stage players and <...>
travailed about the Countrye as players of Stage playes ⸢‸and had
appoynted and were readie to play at a place called Sneaton in the sayd County of
yorke fower miles distant from the dwellinge ⸣ and that the sayd Sir Thomas
had sent forth many seuerall warrantes to sundry townes in the Country for
the apprehension of the sayd playars yf they should wander fourth of their parishe
Contrary to your Maiesties Lawes The sayd Sir Richard
Cholmley being then a iustice of peace within the sayd libertie as aforesayd and
bearinge inward loue and affection to such as are obstinate popish Recusantes and
havinge manye obstinate popish recusantes that depend on him and which
dwell in or neare the liberty of whitby aforesayd hath placed one that hath an obstynate popish recusant to his wief
to bee his deputie baylif of the sayd liberty of whitby wherby such service as is at any
time intended against any of the sayd ‸⸢obstinate⸣ popish
recusantes for the most parte is prevented And although hee
knoweth your Maiesties lawes made against Stage players and is
sworne to execute the office Iustice of peace accordinge to the lawes statutes and
Customes of this your highnes realme of England did notwithstandinge since
your Maiesties last generall and free pardon
not only geiue leaue vnto the sayd staigeplayers the most of them being obstinate popish
recusantes as aforesaid vnder his hand and seale to travaile about the Country But
the sayd Staige players Cominge into his sayd fathers howse
at Roxby aforesayde being within the Constablery of Thornton and fformanby
after the Constables ther had received and taken notice of a warrant sent from the sayd
Sir Thomas for the apprehension of them yf they should fortune to rome
thither the sayd Sir Richard Cholmley being then present at his said
fathers howse in despite of the sayd Sir Thomas his warrante did not only suffer
but also did giue leave and lycence vnto the sayd players to play diuers Staige
playes Conteyninge in them much poperie and abuse of the lawe and Iustice before his sayd
father himself and others makinge himself disporte therby and suffered them to depart
without apprehendinge any of them, wherby they being Countenanced and
takeinge encouragement in their lewde Courses wandered vp and downe in the Countrey
and played popish playes contrary to your Maiesties lawes and
statutes in that case made and provided All which foresayd
Combynacions, practises, quarrelles and other misdemeanors haue bene
entered into and Committed by the sayd Sir Richard Cholmley since your
Maiesties laste generall pardon In
Consideracion wherof and for as much as it concerneth the publicke peace and
generall gouerment of your Highnes realme of England that men
imployed by your Maiestie should bee freed and protected in their
services from all insolencies Braveries and disgraces grounded vppon inveterate
malice formerly conceived for executinge your highnes lawes and Comissions
And that your Maiesties louinge subiectes should bee
reliued against all such Insolencies Bravinges and oppressions and that by
exemplary punishment to such as are called in question for such foule offences
others may make vse therby and learne to avoide to Committ the like and that all
the sayd offences and misdemeanors aforesayd were done and Committed sythence your
Maiesties most gracious and free pardon. May it therfore please
your most excellent Maiestie to graunte your
Maiesties most gratious writtes of subpena to bee directed to
the sayd Sir Richard Cholmley and such other persons as shalbe found out
to bee practizers and plotters with the sayd Sir Richard ‸⸢in⸣ his sayd vnlawfull proceedinges whose names when
they shalbee discouered your Maiesties sayd Attorney
doth humbly pray may bee incerted as deffendantes in this sayd
Informacion therby Commaundinge him and euery of them at a day
certaine therin to bee lymitted and vnder a certayne payne parsonally to appeare before
your Maiestie in your highnes most honorable Court of
Starchamber then and there to answere the premisses and to receiue such punishment
as to your Maiestie and your ‸⸢Maiesties most⸣ Honourable Counsell shall seeme fitt and
convenient./
(signed) Henry Hobarte (signed) Thomas Crewe
Record title: Star Chamber Case: Cholmley v. Hoby
Repository:
TNA
Shelfmark: STAC 8/12/11
Repository location: Kew
For information on Thomas Hoby and Richard Cholmley see the Introduction.
1609; English; parchment; 2 single membranes bound together; 440–480mm x 600–610mm.