123 CONSTABLE V CONSTABLE

Transcription

1 1 123 CONSTABLE V CONSTABLE Christopher Constable of Hatfield in Holderness, co. York, esq v John Constable of Catfoss, Sigglesthorne in Holderness, co. York, esq May 1639 May 1640 Name index: Acklam, George, yeoman Allerton, William, clerk Arnold, John Bell, Martin, curate Bell, Nathaniel, yeoman Boddam, Jane, widow Borough, John, knight Carlyle, Frances (also Carliell, Carlisle, Carlile) Carlyle, Francis, yeoman (also Carliell, Carlisle, Carlile) Carlyle, William, gent (also Carliell, Carlisle, Carlile) Cave, James, gent Chapman, Isabel, widow Clarke, John, yeoman Cobb, Ellyn Cobb, Francis Cobb, Francis, knight Constable, Averill Constable, Christopher, esq Constable, Ellyn Constable, Henry, viscount Dunbar Constable, John, esq Constable, Marmaduke, gent Constable, Marmaduke, knight Constable, Mary Constable, Philip Constable, William, knight Crowe, George, clerk (also Crow) Dakins de Routh, John, knight Dingrose, Fairfax, gent (also Ringrose) Duck, Arthur, lawyer Eden, Thomas, lawyer Exton, Thomas, lawyer Farbarne, John, innkeeper Fauconberg, Henry Fauconberg, John Fowberye, Averill (also Fawbery) Fowberye, George, esq (also Fawbery) Grimston, Francis, gent Habsburg, Philip II, King Harford, Ellenor Hildiard, Christopher, gent (also Hillyard, Hildyard, Hilliard, Hiliard) Hildiard, Frances (also Hillyard, Hildyard, Hilliard, Hiliard)

2 Hildiard, Richard, gent (also Hillyard, Hildyard, Hilliard, Hiliard) Hopper, Thomas, husbandman Hornbie, Gabriel, joiner Hornbie, William, yeoman Howard, Henry, baron Maltravers Howard, Thomas, earl of Arundel and Surrey Kerkbie, William, yeoman Leeds, Robert, esq Le Neve, William, knight Meade, Richard More, Frances More, Mary More, Ralph Neale, John, minister Osburne, William, yeoman Ottley, Marmaduke Percy, Edmund Plantagenet, Edward III, King Plantagenet, Edward IV, King Plantagenet, Henry IV, King Plantagenet, Henry VI, King Plantagenet, Richard II, King Portington, John Portington, Rosamund Rainshaw, John, notary public Remington, Mr Rhodes, John, knight (also Rodes) Robinson, Edward, husbandman Robinson, John, gent Robinson, Henry, yeoman Robinson, Mrs St George, Henry, knight Scott, John Simpson, widow Skerne, John, esq Smeadley, Robert, painter (also Smeadly) Smith, John (also Smyth) Smith, Margaret (also Smyth) Synclare, Samuel Tadman, Christopher, tailor Terrick, Humphrey Thompson, Stephen Thompson, Thomas, registrar Tudor, Henry VIII, King Tudor, Mary, Queen Warrener, Christopher, yeoman Watson, John Wenslowe, John, blacksmith Wharton, Michael, knight (also Warton) Woodley, George 2

3 3 Place index: Derbyshire, Barlborough Derby Kingston-upon-Hull Lincolnshire London, Tower of London River Humber Yorkshire, East Riding, Amotherby Beswick Beverley Bewholme Bilton Boynton Brandesburton Bridlington Byford Catfoss Flamborough Frismarsh Goxhill Great Barugh Halsam Hatfield Holderness Hollym Holmpton Humbleton Leven Lissett Newton Garth Nunkeeling Ottringham Pennethorpe Portington Routh Seaton Sigglesthorne Swine Swinton Upper Hall, Catfoss

4 4 Wassand Winestead Woodhouse Subject index: allegation of tradesman status apparel challenge to duel coat of arms comparison denial of gentility funeral monument Herald insult before gentlemen King of Arms livery other courts pregnancy racecourse Star Chamber sport threatened violence violence against women weapon Abstract This was a case about which branch of the Constable family in the East Riding of Yorkshire took precedence. When called on to pronounce on the matter the heralds refused to make a judgement; but this did not prevent local gentleman and yeomen reporting that, by local repute, John belonged to the best house of the Constables and the Constables of the house of Catfosse were accounted a more worthie familie then the family of Mr Christopher Constable. Christopher Constable s petition claimed that for the past three years John had unlawfully styled himself esquire and, moreover, that on 20 December 1638 at the horse races at Great Barugh, John Constable had said that John was of the best house of Constables in England, and that Christofer ought to reverence him and his familie. John s version of the encounter was that, in the presence of several gentleman at the weighing stoop, Christopher had told him that he was not descended of the house of Catfosse and Freshmarsh [Frismarsh], but he was of a better house than John was. Christopher had then lifted his cloak to draw his sword which allegedly prompted John to retort, Sir, I hope you will not drawe upon mee, beinge a naked man and having nothing but a switch in my hand. Bystanders stepped in to stop the two men fighting, but not before they had traded blows. John Constable then brought suits in Star Chamber against Christopher Constable and Francis Carlyle, who had been egging Christopher on. Process was granted on 16 May 1639 and John Constable s witnesses were examined by a commission headed by Sir Michael Wharton and Robert Leeds esq on 11, 13 and 14 of January 1640 at the Blue Bell Inn, in Beverley, Yorkshire. One of

5 5 John s commissioners, Francis Cobb, challenged whether two of Christopher s commissioners, William Carlisle and John Robinson, were gentlemen, and Robinson withdrew. The taking of depositions was an unusually drawn out process, with Wharton leaving at 4pm each day on account of his age, but the others continuing until 10pm. John s defence was based on deeds and church monuments dating back to Henry VI s reign which showed that his family had long borne the title of esquire. Several of his witnesses displayed considerable expertise in matters of heraldry and lineage, including the Beverley arms painter, Robert Smeadley, the minister of Brandesburton, William Allerton, and Christopher Hildiard, gent. Depositions revealed that the house belonging to John Constable s ancestors in Catfoss had burnt down, destroying many of his family evidences, including one which it was reputed gave him the title to twelve manors. None the less, elderly witnesses were able to cite deeds they had seen in the collection which showed that John was descended from the Constables of Frismarsh who were regarded locally as the senior branch of the family. Witnesses were also able to describe the tombstones in the north aisle of the parish church at Sigglesthorne, which John Constable and his family maintained as a family chapel, and a window glass at Barlborough, Derbyshire, a former manor belonging to his family, all of which supported the claims to the title of esquire. Smeadley was also able to describe a pedigree of John Constable s family, shown him by Sir John Rhodes of Barlborough, which confirmed his coat of arms as Sable a Cinquefoil between eight Cross crosslets Or. The matter was eventually referred to the Kings of Arms, Sir John Borough, Sir William Le Neve and Sir Henry St George, who reported on 23 April 1640 that both men were esquires, but we conceive them both to be of soe great antiquitie as that we cannot clearly determine whither of them is most auncyent without long search and further time of deliberation. The court decided to punish both parties, although they evidently considered that the greater blame attached to Christopher Constable. On 22 May 1640 John was awarded 60 damages and 60 costs [see cause 124], whilst Christopher was awarded 20 damages and 30 costs. Documents Initial proceedings Petition to Arundel: 6/150 (16 May 1639) Plaintiff s bond: 6/152 (20 May 1639) Defendant s bond: 6/113 (17 Jun 1639) Personal answer: 16/1p (no date) Defendant s case Defence: Acta (4), fo. 67 (no date) Summary of defence: R.19, fo. 16r (1639) Letters commissory for the defendant: Acta (4), fo. 68 (20 Nov 1639) Plaintiff s interrogatories: Acta (4), fo. 66 (no date) Defendant s depositions: Acta (4), fos (11 Jan 1640) Notary public s certificate: Acta (4), fo. 62r (no date) Letter of commissioners to Arundel: Acta (4), fo. 63r (no date) Kings of Arms Report: 18/4d (23 Apr 1640) Copy of King of Arms Report: R.19, fo. 226r (23 Apr 1640) Sentence / Arbitration

6 6 Plaintiff s sentence: 15/4u (no date) Defendant s sentence: 15/4g (no date) Plaintiff s bill of costs: 15/4aa (no date) Defendant s bill of costs: 15/4e (no date) Submission Defendant s bond on submission: 5/53 (22 May 1640) Proceedings Proceedings before Maltravers: 8/31 (4 Feb 1640) Notes Initial proceedings 6/150, Petition to Arundel John Constable of Catfoss within the parish of Sidlsthorne, alias Silsthorne, in Holdernesse, within these three years last past and heretofore, hath arrogated and assumed unto himselfe the title of Esqr, and in diverse writings hath written himself with the addition of the title of Esqr, and hath taken place and used precedency under pretense of that title in York, and in London, and diverse other places, having noe right or just claime to the title of Esqr, nor descended of any knight of his familie. Petitioned that John Constable be brought to answer. Maltravers granted process on 16 May /152, Plaintiff s bond 20 May 1639 Bound to appear in the Court in the painted Chamber within the Pallace of Westminster. Pointedly only referred to John Constable as a gent, not esq. Signed by Christopher Constable. Sealed, subscribed and delivered in the presence of George Woodley. 6/113, Defendant s bond 17 June 1639 Bound to appear in the Court in the painted Chamber within the Pallace of Westminster. Signed by John Constable. Sealed, subscribed and delivered in the presence of John Watson. 16/1p, Personal answer

7 7 1. John Constable s family had been esquires and ancient gentry for up to 200 years or more, knights and esquires of co. York. His family were described and titled as esquires in several monuments and tombs. In his absence, during the last 2-7 years, Christopher Constable had given out in London and Middlesex that John Constable was not an esquire. 2. John Constable was an esquire descended from knights. 3. He believed this was true He did not believe this was true. No date. Signed by Thomas Exton and John Constable. Defendant s case Acta (4), fo. 67, Defence [damaged] List of names: George Crow, Francis Carlyle, Frances Carlyle, John Smyth, Margaret Smith, Stephen Thompson and John Scott. Records, deeds, evidences, and ancient monuments in churches in Holderness proved that his ancestors bore his coat of arms and that they had been esquires allowed by the Kings and heralds at armes. The Constables had always maintained an aisle in Sigglesthorne church, where there were two monuments to them: Thomas Constable, esq, d.1456 and a Mo. 12 Hen 4ti John Constable of Freshmarsh [Frismarsh] is said to be the son of Sir John Constable knight which deed is sealed with the same seal of arms as John Constable the defendant. By a deed bearing the date 19 Edw 4ti Thomas Constable of Catfosse beareth the name and title of an esqr by a deed bearing date: 25 Hen 6 [1446], Thomas Constable of Catfosse [damaged] and title of esq by another deed bearing date 2 Rich: 3: Thomas Constable of Catfosse and John his son and Thomas his son doe beare the names and tytles of esqr. By [damaged] Anno 12 Edw 4 Thomas Constable of Catfosse beareth the name and tytle of Esq. By another deed bearing date 1491 John Constable of Catfoss and Thomas his father beare the name of [damaged] deed anno 12 Hen: 6. By a record in the Tower, Thomas Constable of Catfosse bore the title esq. By a deed 21 Hen 6 [1442] Thomas Constable of Catfoss esq. By another [damaged] Stephen Constable of Catfoss esq. By another deed anno 19 Hen: 8 [1527]: Stephen Constable of Catfoss esq. By another deed anno 2 et 3 Phillip et Maria [1556] William Constable [damaged] of Stephen Constable of Catfoss esq. By another deed anno 33 E:R [1590] Christopher Constable of Catfoss esq. The defendant was heir male to these ancestors and possessed the manor of Catfoss. The plaintiff s family were the Constables of Hatfield, who were comonly accounted in the county to be of a younger and inferior house.

8 8 Christopher Constable in front of many people did speake and utter divers disgraceful [damaged] and provoaking words and speeches to and of John Constable, and tould him he was not the man he took himself to be, and that he was not descended of the house and familie of [damaged] of Catfoss and Freshmarsh [Frismarsh] but he was of a better house then John was; and did then and there in the presence and sight of divers gent. of [damaged] and fashion and others then present in a disgracefull manner strike John Constable with his cane or staff which he had then in his hand and after alighted from his horse and layd his hand upon the [damaged] of his sword and offered to draw upon John being unweaponed. No credit was to be given to the deposition of Francis Carlyle as there had been suits between John Constable and Carlyle, who was a nephew of kindred and neare alliance unto Christopher Constable. Carlyle had boasted that by the time he and Christopher Constable had finished with John Constable he would be neither esq nor any such kind of man. Carlyle was comonlie known to be a publique and profest enemie and to have borne much hatred and [damaged] towards John Constable; and hath diverse and severall times spoken disgracefull speeches of him, vizt. That John Constable was a base filthy stinking fellow, and soe was his father [damaged] him, and that he kept better servants then John was, or words to that effect; and not long before his examinacon in this cause would have provoaked or stirred up Frances his wife to have stabbed Mary Constable wife of John Constable when she was great with child and wished his wife to thrust a knife into her belly. No credit was to be given to the testimony of John Smyth as he was a tenant to Christopher Constable and hath his whole dependence of him, and one who had within these one or two yeares last past, and now hath, several suits in lawe with John Constable, and was by John Constable s procurement displaced and put out of a farme wherein Smyth hath ever since borne much hatred and malice against John Constable. No credit was to be given to the testimony of Margaret Smyth for that she is wife of John Smyth and one who hath been divers times distracted, and is not sound or perfect in her sences. In a window of the parish church of Balbrooke, co Derby, there is a faire scutcheon or coat of armes in which the name of Constable is inserted and the coat of armes which the defendant John Constable now beareth the manor of the town of Balbrooke formerly belonged to the ancestors of the defendant; and the coat is [damaged] coller of SSSS after the manner, and the coat of armes is likewise after the same manner, ingraven upon a tombstone in the church. No date. No signatures. R.19, fo. 16r, Summary of defence John Constable, in answering the libel, says that by several inscriptions on tombstones, vizt. in the church of Silsthorne in Holderness, is this: Hic Jacet Thomas Constable armiger qui obijt anno dni: m.cccclvi. [Here lies Thomas Constable, esq, who died in 1456]. And by ancient deeds as old as Hen VI, the constables of Catfoss (being the ancestors of the defendant who is heir male of that family) used the same coate of armes the defendant does, and were allowed by the Kings and Heralds at Armes. [He] says that the Constables of Hatfield (of whom the plaintiff is descended)

9 9 is of a younger and inferior house, and that Christopher the plaintiff in the presence of divers persons of good quality did utter diverse disgracefull and provoking words of the defendant John; and sayes that if he did speake any the words libellate it was by reason of the provocation of the plaintiff; sayes some of the witnesses are tenants to Christopher and bear ill will to the defendant, wherefore no credit is to be given to their testimony andc. No date, 1639 No signature. Acta (4), fo. 68, Letters commissory for the defendant Addressed to commissioners John Skerne, esq, Robert Leeds, esq, Francis Cobb, gent, Francis Grimston, gent, and also, Michael Warton, knight, Robert Hildiard gent, William Carlile and John Robinson gent, to meet in a cause of scandalous words provocative of a duel on 11, 13 and 14 January 1639/40 at the house of John Farburne called the Bluebell in co. York. Humphrey Terrick assigned John Rainshaw as notary public. Dated 20 November Acta (4), fo. 66, Plaintiff interrogatories 1. The witnesses were warned of the penalty for perjury and bearing false witness. What was their age, occupation and condition? Where had their lived? How did they know the parties and to whom would they give the victory if it were in their power? 2. Did the witness live off himself or depend upon another? How much was he worth with his debts paid? Did the witness expect to receive anything for his testimony? Was the witness a household servant, retainer or relative of John Constable and if so, in what degree? 3. Was Christopher Constable descended in the male line from Sir William Constable of Hatfield? Was this Sir William one of the four sons of Sir Marmaduke Constable who were knighted during the reign of Henry VIII? Had not the family of Christopher Constable always been accounted to be an ancient family and more worthy than that of John Constable? 4. If any witness deposed that they had seen John Constable s ancestors names written in deeds or monuments with the title esquire, they were to be asked if they were of the right ascending lyne or of any collateral lyne to John Constable? 5. Was Christopher Constable s father seized of Upper Hall, Catfoss and Nunkeeling woods? Did John Constable hold any land in Catfoss, and what monuments were there in the parish church? 6. Were there any other Constables in Catfoss not of progeny and family of John Constable to whom the title of esquire might properly belong? 7. Was the coat of arms that John Constable pretended right to properly his through the paternal line? Had any of John Constable s ancestors in the paternal line given any crests or cognizance upon their men s blewe coates as such wittnes knoweth to have been the manner and custom of the gentrie in the countie of Yorke? 8. What were the arms of the Constables of Frismarsh? Had not the Constables of Frismarsh and Catfoss hitherto been distinct with distinct arms? Were there any evidences seen by the witness that gave John Constable any other title than

10 10 esquire? For what services were they knighted? Was not the title of esquire usurped by them and was this usurpation ever made known to the officers of arms at provincial visitations, and did not one of the officers of arms contradict one of the ancestors of John Constable in his usurpation of the title of esq? 9. Were they present in John Constable s company at Barugh course on 20 December 1638 and did they not hear him say that John was of the best house of Constables in England and that Christofer ought to reverence him and his familie? 10. If a witness deposed that Christopher struck John, he was to be interrogated if John struck blows also, and if John had not a suit depending in Star Chamber for those blows? 11. If after the blows were struck Christopher went over to the weighing stoop, and if he was chosen by Lord Dunbar to be a tryer? Did not John Constable go to the weighing stoop and abuse Francis Carlyle, and then abuse Christopher Constable, and tell him he was the better man and of the better house? When Christopher said he was of the better house, did not John ask how will that appeare and did not Christopher tell him if he called him in question he would make it appeare, and desired John not to stand chiding in the open assembly? 12. Had John a suit depending in Star Chamber against Francis Carlyle upon a false suggestion, also for the blows? Were not all other suits between them compromised. 13. Were not the witnesses examined on Christopher Constable s behalf of honest life and conversation who would not give false testimony for fear or favour from anyone? 14. Were not the witnesses examined on John Constable s behalf secretly promised money for favourable testimony. No date. Signed by Arthur Duck. Acta (4), fos , Defence depositions Taken before commissioners Sir Michael Wharton, knight, Robert Leeds, esq, John Skerne esq, Francis Cobb, gent, Francis Grimston, gent, and William Carlisle, gent, on 11, 13 and 14 January 1639/40, in the house of John Farburne at Beverley, co. York, with John Rainshaw, notary public. The first depositions taken on 11 January 1639/40 before Wharton, Skerne, Leedes, Cobb, Grimston and Carlisle. fos.36r-37v (Witness 1), Samuel Synclare of Bilton in Holderness, co. York, born at Kilham, aged He was at Barugh horse course at the time in the libel and saw Christopher Constable lift his staff or cane (which he then had in his hands) against John Constable and as he remembreth did strike John Constable. And presently Mr Christopher Constable lighted from his horse and took his cloake or coate, and threw itt from him. And [Synclare] did conceave thereby that there would some further injurie followe but [he] sawe nothing further. 6. He did not hear John Constable give any evil language to Christopher before he was assaulted but afterwards heard words passe on both sides; but doth not now remember what the words were.

11 11 Signed by Synclare and commissioners Wharton, Leeds, Skerne, Cobb, Grimston and Carlisle. 1. He wisheth right may take place, and wisheth both parties alike. 2. He liveth of himself 3. He heard it commonly reported that Mr John Constable was descended out of the house of Freeshmack, and that that house was the best house of the Constables. 11. He did not see Mr John Constable strike Mr Christopher Constable, or offer him violence. He had heard that there was a suite depending in Star Chamber commenced by John Constable against Christopher Constable for this assault. 14. George Crowe, Francis Carlyle and Stephen Thompson were people of honest lyfes and conversacons and such as will not for fear or favour of any person depose an untruth on theire oaths. Stephen Thompson was an East Riding J.P.; Francis Carlyle and Stephen Thompson had good estates in lands, tenements, goods and chattels; George Crowe was the parish clerk of Brandesburton, and is a poore man as [he] thinketh. Signatures by Synclare and the above six commissioners. fos.38r-39v (Witness 2), Martin Bell of Byford, co. York, clerk, born there, aged He was at Barugh course and saw Christopher strike John with a thick cane two or three severall tymes. Soon after Christopher alighted from his horse, and cast his coate or cloake upon his horse, and put his hand towards his sword, as though he would have drawne itt, and some company came in and prevented him. Whereupon one of Mr John Constable sonne s said that it was a shame for to draw a weapon against a man that had noe weapon, Mr John Constable having at that tyme and place nothinge but a small switch in his hand, there beinge present divers persons of good qualitie, whose names [Bell] cannot remember. 6. He did not hear any words from John against Christopher before the assault. Immediately after the blowes the [two men] did goe on talking together towards the weighinge staffe, which as this witness beleeveth was within twelve yards of the place where the blowes were given. Signed by Bell and the above six commissioners. 2. Bell was curate under John Neale, parson of Byford and earned from him 30 per year. 9. John Constable s ancestors were comonly reputed to bee descended from a knight, and that John Constable s father was an esqr, and that hee is heire to his father and commonly accounted an esq. 11. He did not see John strike Christopher beforehand and did not know upon what occasion the blows were struck, but had heard that John was suing Christopher in Star Chamber but for what he knoweth not. 12. Immediately after the assault John and Christopher went talking together towards a place called the weighing stoope but whether Christopher was chosen by Lord Dunbar to be present there and to be a tryer or judge at that horse course then to be runne [he] knoweth not.

12 Mr Francis Carlile is a gentleman of good estate in lands and goods and such as will not depose an untruth. And as for George Crow [he] doth not know what to answer; and for the rest of the parties in this interrogatory menconed hee knoweth them not. Signed by Bell and the above six commissioners. fos.40r-41r (Witness 3), William Osburne of Byford, co. York, yeoman, born at Derby, aged He was at Barugh course and saw Christopher strike John twice with a cane; and Mr John Constable having a small switch in his hand did doe what in him lay to keepe off Mr Christopher Constable s horse from comeing neare him whereupon Mr Christopher Constable alighted from his horse and cast of his coate or cloake and layd his hand upon the hilts of his sword, and drawed some parte of it out of the sheath; and thereupon Mr John Constable sayd unto him, Sir, I hope you will not drawe upon mee beinge a naked man and haveinge nothinge but a switch in my hand. And immediately after the blowes Mr Christopher Constable did say to Mr John Constable that hee was of the better house, there being present divers persons of credit. He added that he did not see or hear John provoke Christopher in any way. Signed by the above six commissioners. 2. He lyveth with his brother in lawe, and is worth 10 his debts payd, and hath not received, neither hopeth to receave, any thing for his testimony in this cause. 11. There was a suit in Star Chamber pending for the assault. 14. He claimed that Francis Carlyle had a good estate and would not swear an untruth but he did not know the rest. Signed by Osborne and the above six commissioners. fos.41v-42r (Witness 4), George Acklam of Bassock in parish of Leven, co. York, yeoman, born at Seaton, aged At Barugh course, he saw Christopher strike John with a cane twice, and then alight and go to the weighing stoop. There were present several people whose names he did not know. 6. He did not hear any words between them before the assault, but afterwards heard John say: What doe you meane to stryke mee, I haveinge nothinge but a small switch rod in my hand. 2. He lived off himself and was worth 20 with his debts paid and did not expect to receive anything for his testimony. 11. He did not see John strike Christopher. 14. John Smith and Margaret his wife and George Crowe were people of honest life and conversacon, and such as will not depose an untruth, while Mr Carlile hee is a man of good estate in lands and goods, and a man of verie good repute. Signed by Acklam and the above six commissioners.

13 13 fos.42v-43v (Witness 5), Thomas Hopper of Seaton, co. York, husbandman, born there, aged Francis Carlile and Frances Carlile his wife and John Smyth and Margaret Smyth his wife are intimate friends of Mr Christopher Constable, and are not friends of Mr John Constable. 3. John Constable did possesse the manor of Catfosse, and is descended of the Constables of Freshmarsh [Frismarsh] as he hath credibly heard, and is heire male unto them; and that he is the principall and chief Constable now remayninge of the same house and familie. 5. He was at Barugh course and heard Christopher say to John why would you suffer itt? He knew not what Christopher meant by those words. Soon after George Acklam told him that Christopher struck John Constable, so he looked towards them and saw Christopher strike John one blow with a cane. George Acklam, Martin Bell, Mr Samuel Synclare and many others of good ranke and qualitie whose names [Hopper] cannot remember were also present. He saw Christopher alight from his horse and carry his coat under his cane, and that John had but a small switch in his hand. 6. He did not see any provocation by John Constable before or after the assault. 1. He desired John Constable should have the victory because hee thinketh hee had the more wronge offered. 2. He lived of himself and was worth 60 with his debts paid. 14. John Smith, Margaret Smith, George Crowe and Francis Carlyle were people of honest life and conversacon and such as will not depose an untruth. Signed by Hopper and the above six commissioners. fos.43v-44v (Witness 6), George Crowe of Brandesburton, co. York, clerk, born at Bagby, aged Francis and Frances Carlyle, John and Margaret Smyth were capital enemies to neither of the parties, but familiar friends of both parties. 5. He was at Barugh and saw Christopher strike John with a cane, but did not see Christopher offer to draw his sword. John Constable gave the first blow that he saw given with a small switch rod, having no other weapon. There were divers persons of good rank and quality present. 6. He heard no words before the blows; but after John said to Christopher I (speakinge of himselfe) am the better man and you ought to honour mee, whereupon Mr Christopher Constable replyed, I am of the better house, and John then said how will that appeare, and Christopher replyed Call me in question and I will make it appeare; and further Christopher desired John not to stand hyding in the open assemblie. Signed by Crowe and the above six commissioners. 11. After the assault John Constable said to Francis Carlyle will you give me so much, (meaninge will you stryke mee). Then Carlyle replied, hath any body given you anything, it is more then I know. John responded Christopher Constable hath

14 14 stricken me. Carlyle replied goe about your business I have nothing to say unto you. Signed by Crowe and the above six commissioners. fos.45r-46r (Witness 7), Nathaniel Bell of Beverley, co. York, yeoman and born there, aged He claimed no credit should be given to George Crowe s testimony. He added that credit might be given to Francis Carlyle, but not to his wife, nor John and Margaret Smith. He heard Margaret say that although wee have lost one friend yet we have gained a better. He maintained that the Carlyles and Smiths were capitall enemies of Mr John Constable and familiar friends of Mr Christopher Constable, and saith that Mr John Smith is a poore man. 5. He was at Barugh course and saw Christopher strike John with a thick cane about an inch and a halfe about, saw Christopher alight from his horse and offered to draw his sword or rapier, but this witness prevented him. John Constable was unarmed except for a switch. No words passed before the assault and there were gentlemen of quality present. 7. He heard Francis Carlyle say at John Farburne s house in Beverley As for Jack Constable I have better men to command then he. William Allerton and Mr William Martin were also present. Signed by Crowe and the above six commissioners. 1. He wished John Constable the victory as he had most right to it. 2. He depends of many friends but of neither the parties; and is not worth a penny and hath not received any thing, neither expecteth to receave any thing for his testimony. 12. He did not know whether Mr Christopher Constable was chosen to bee a tryer or judge at the horse course at the time and place by the Lord Dunbarr, but he thinketh hee was chosen a tryer. After the blows, Christopher said to John I will not stand scoulding with thee here, but when times serve I am able to make it appeare that I am a better man then thy selfe. Signed by Crowe and the above six commissioners. fos.46v-47r (Witness 8), James Cave of Swine, co. York, gent, born at Hull, and aged He had seen a deed that described John Constable knight sonn of Sir John Constable knight of Freeshmarsh, with a seale of armes as [Cave] conceaveth to bee Crosse crosseletts and something betwixt a paire of wings for the crest and letters aboute the seale. He had seen another deed wherein it was thus written Sir John Constable of Freshmarsh [Frismarsh] knight sealed with the selfe same coate and crest as afore deposed. 3. He believed Christofer Constable is in a right descending paternall lyne descended from Sir William Constable of Hatfield and hath heard it reported that Sir William

15 15 Constable was one of the sonnes of Sir Marmaduke Constable of Flamborough. And hath heard that Marmaduke had fower sonnes knighted and that the ancestor of Mr Christopher Constable is descended from the house of Flamborough; but whether the familie of Mr John Constable or of Mr Christofer Constable bee more ancient or the better [he] cannot tell. 8. He never knew any other familie of the Constables of Catfosse, but Mr John Constable now is. 9. He did not know for sure that John Constable was descended from the Constables of Freshmarsh [Frismarsh], although John claimed he was and for any thinge that [he] knoweth hee may be soe. Signed by Cave and the above six commissioners. fo.47v (Witness 9), John Clarke of Bransburton, co. York, yeoman, born there, aged He testified that there should be credit given to the evidence of Crowe, the Carlyles and the Smiths. Signed by Clark and the above six commissioners. fos.47v-51r (Witness 10), William Allerton of Bransburton, co. York, clerk, born at Allerton, aged He testified that Crowe, the Smiths and Carlyles wish better to Mr Christopher Constable. 2. That in the church of Sigglesthorne, alias Silsthorne, in Holdernes being the parish church of Catfoss, there is an isle belonging to the Constables of Catfosse, which they have maintained and repaired these many yeares. He had heard that they have repaired the same from time to time beyond the memorye of man, wherein there are two tombestones which have the following inscriptions on them, vizt. Hic iacet Johanes Constabell de Catfoss armiger qui obit xxiiii mensis; and upon the other tombestone thus, Hic iacet Thomas Constable armiger qui ob There the stone is broken, but on the other side of the same stone it is thus written mcccclvi. And further saith that hee hath seene a defeasance obligatory, wherein John Constable of Freshmarsh [Frismarsh] knight and Fulk Constable and others are bound to John Constable of Halsam knight for payment of moneyes ano. primo Ricardi secundi; a deed wherein Fulke Constable the sonne of John Constable of Freshmarsh [Frismarsh] grants land in Ottringham, the 19 of King Edward the third as he thinketh, the deed being not perfect in that particular; also a deed wherein Fulke Constable and William his sonne and John Redness are witnesses Also hath seen a deed from Redness to Fulke Constable wherein William his sonne is witness, dated at Catfosse the 44 of Edward the third. Also a deed wherein John de Routh knight and John Arnold reayseth unto Dame Elizabeth Constable and to John her sonne, both of Freshmarsh [Frismarsh], all theire lands in the towne fields of the Marsk and on the Anom of Pennethorpe, and of certain lands in the towne of Hollam [Hollym] and of their tenements in the Towne of Humpton [Holmpton], with the advowson of the chappell with the wardes, releifes and escheats withal the appurtenances, dated the 11 th yeare of Henry the fourth. Also [Allerton] hath seene a fine wherein John Fauconberg passeth the mannor of Catfoss to Henry his brother and to Ellenor Harford upon

16 16 covenants of marriage and to the heires of his body begotten of Ellenor the xxiii of Edward the first. Also a deed wherein Sir Henry Fauconberg passeth the manor of Catfosse and Nunkeeling woods to William the sone of John Constable of Freshmarsh [Frismarsh] in the twelfth year of Edward the third. Also a deed wherein Thomas Constable [continues naming more and more deeds through fos.49r-49v] Also a fine where Christopher Constable father to John Constable is written by the tytle of esqr and the same John Constable is tytled gentleman in the deed the 18 of King James. Also an indenture of covenants of marriage wherein Christopher Constable, [John s] father, was written by the tytle of esq., dated And [Allerton] further saith that he has seen a coate of armes in an house of Catfosse carved in a peece of wood being an ancient chimney peece which is thus: quarterly ten fusels right crosse crosslets their be two and three with a synckfoyle in the middle, and for the blasing thereof as he is informed and referreth himselfe to the heralds for better blazing of the same, encompassed with a collar of SS and believeth the same to belong to Mr John Constable. 3. John Constable was lord of the manor of Catfoss and descended from the Constables of Frismarsh. 7. There had been divers suits between John Constable and Francis Carlyle, some of them still pending; that Carlyle was of kindred and neare alliance unto Mr Christopher Constable in this suit, and that Carlyle doth beare much hatred and malice towards John Constable, and [Allerton] hath heard him speake disgracefully of and against him and his father Christopher Constable, vizt. that Christopher Constable father of John Constable was a pannyerly fellowe and that hee carried or sould butter at Burlington. And that Mr John Constable was a base stinking fellowe. These words were spoken in the house of John Farburne about 2 yeares since, there beinge present himself, Nathaniel Bell, Francis Carlile and some other whom hee cannot remember. He was a commissioner at widdow Simpson s in Beverley about the time afore deposed, and did heare evidence given before the commissioners upon oath that Francis Carlile would have provoaked or stired up Frances his wife to have stabbed Mary Constable wife of John Constable when she was greate with child and wished his wife to thrust a knife into her belly. 1. He wisheth right may take place. 2. He liveth of himself. 3. He had heard that Christopher Constable is in a right descending paternal line descended from the house of Hatfield, and that Hatfield is from Flamborough, and that one of his ancestors was a knight; and hath likewise heard that there were three or four sons of that house of Flamborough and was knighted in Henry the eight s tyme. He had heard divers tymes that there were three distinct houses of the Constables that is to say of Flamborough, Halsam and Freshmarsh [Frismarsh], where Sir William Constable was the cheife of the house of Flamborough, the lord Dunbar cheife of the house of Halsam, and John Constable s ancestor to bee cheife of the house of Freshmarsh [Frismarsh], and as his name was Constable to bee the best Constable in England. 4. He believed that those Constables whose names are soe ingraven inserted or written with the title of esq was of the familie of John Constable because in respect that in those places where the said names are so engraven, there is the title of esq added, and these places have beene and are mayntayned and repaired by the familie of

17 17 John Constable tyme out of mind; and in respect of the severall ancient deeds that hee hath seene concerning the familie of John. 6. There is another family of the name of Constable within the parish of Silsthorne, but he knew not whether that family had the title of esquire. 8. He referreth himselfe to the deeds by him afore deposed of, wherein some deeds the ancestors of Mr John Constable were titled knights and in some deeds esq and in some deeds, with noe addicon. 11. Francis Carlyle is more allyed to Mr Christopher Constable then to Mr John Constable, and hath heard that all other suits formerly depending betweene John Constable and Francis Carlile were compromised and ended by Sir Marmaduke Langdale knight and William Carliell gentleman before Francis Carlile was examined in this cause. 12. The Smiths, George Crowe and Francis Carlyle were people of honest life and conversation and such as will not depose an untruth of theire oaths as hee thinketh. Signed by Allerton and the commissioners Skerne, Cobb, Grimston, and Carleill. fos.51v-52v (Witness 11), Robert Smeadley of Beverley, co York, pictor, born there, aged 36 Drawing of Constable s arms provided on fo.52 see photo 2. He had seen a coat of arms in a church window at Hollym in Holderness that was the same as John Constable s, a Cynkfoyle between eight crosse crosseletts. He had seen another coat of arms in Winestead church in Holderness which is the field sable, a cynckfoyle betwixt sixe crosse crosseletts, but referreth himself to the heralds for the better blazeing of the same. And hath also seen a coate of Armes in an ancient chimney peece in a house at Catfoss beareth argent waves ten barres fusels Sable the field sable, a cynckfoile betweene eight crosse crosseletts, three two and three or the second as the first, the fourth as the third, encompassed with a Coller of SS, but referreth himself to the heraulds of Armes for the better blazeinge of the same, which coate of Armes belongeth to John Constable. Lastly, that in a window of the parish church of Barlborough, co. Derby, there is a scutcheon or coate of armes in which the name of Constable is inserted and the Coate of Armes is the same Coate of Armes which John Constable now beareth. And the manor of the Barlebrough formerly belonged to the ancestors of the defendant as he hath heard, and the coate is encompassed with a Coller of SSSS, after the manner in the margent set downe, and the coate of Armes is likewise after the same manner ingraven upon a stone in the same church. He believed that this coat of arms belonged to John Constable because he had seen a pedigree of the Constables who were ancestors of John Constable and owners of the manor of Barlborough, and other lands sold to Sir John Rhodes s ancestors, from which Sir John he saw the pedigree delivered to John Constable. 1. He did not know which family were the more ancient. 6. He had known John Constable to use the aforesaid coat of arms for as long as he had known him. 7. Smith, Crowe and Carlile were people of honest life and conversacon, but how to value their oaths in this cause this deponent knoweth not.

18 18 Signed by Smeadlay and commissioners Wharton, Skerne, Cobb, Grimston and Carleill. fos.52v-53r (Witness 12), Christopher Tadman of Beverley, co York, tailor, born there, aged He had seen the coat of arms in the church window at Barlborough. Signed by Tadman and commissioners Wharton, Skerne, Cobb, Carleill. fos.53r-55r (Witness 13), Christopher Warrener of Seaton, co York, yeoman, born at Lissett, aged The Carlyles and Smiths were enemies of John Constable and familiar friends to Christopher Constable. They, along with George Crowe, who standeth in neede of his friends, were not competent witnesses for this case. 2. He had heard that John Constable s ancestors had from time to time beyond the memory of man maintained and repaired the North Isle in the church of Sigglesthorne. It was currently maintained by John Constable. He mentioned the tombstones with the same details as in Allerton s deposition. 3. John Constable was lord of the manor of Catfoss and he had heard he was descended from the Constables of Frismarsh. 7. Francis Carlyle s wife was near to Christopher Constable s late wife. He had heard Francis Carlyle say that if he had been in his wife s place hee would have thrust a knife into Mary Constables belly. This induced him to believe Francis beareth hatred and malice to John Constable and his wife. He believed Carlyle supported Christopher Constable because Francis was at Boynton, co. York, and there sought writeings for Mr Christopher Constable against Mr John Constable as one Marmaduke Ottley the partie to whome Francis Carlile went to for the same told [Warrener]. 8. John Smith was the tenant of Christopher Constable and doth much depend of him, and was by John Constable s procurement displaced and put out of a farme wherein Smith formerly lyved, having also formerly beene servant to John Constable, and for his unjust dealings and deservings hee was put away from John Constable, for which reasons Smith hath ever since borne much hatred and malice against John Constable. 10. He had seen the coat of arms in the window of Barlborough church. 2. He lyveth and dependeth of Mr Marmaduke Constable of Wasson and had not received any thing for his testimony. He was a tenant of John Constable and payed him 6 per annum for a meadow. 1. He knew John Constable s father. 2. He had not known John Constable hold a manor court at Catfoss. 7. John Constable s maternal line was descended from the only daughter of the Fauconbridge family. 8. Marmaduke Ottley showed him a deed with John Constable s ancestor styled gentleman. 9. He had heard that John Constable s other ancestors were knights.

19 The Smiths, Carlyles and George Crowe were men of honest life and conversacon. He did not know whether John Smith paid ship money or not. Signed by Warriner and commissioners Wharton, Leeds, Skerne, Grimston, Carleill. fo.55r (Witness 14), Gabriel Hornbie of Hornsey, co. York, joiner, born there, aged He saw the coat of arms on the chimney at Catfoss and the window of Hollym church. Signed by Hornbye and commissioners Wharton, Leeds, Skerne, Grimston, Carleill. fos.55v-56r (Witness 15), Wynsly Carlyle of Beverley, co. York, gent, born at Brandesburton, aged There were suits depending between Carlyle and John Constable. The late wife of Mr Christopher Constable was aunt to the wife of Francis Carlile, [his] brother. He heard his brother Francis say to his wife: That if I was as you I would thrust a knife into her meaning Mrs Mary Constable. These words were spoken in Mr Henry Robinson s parlour in Beverley about 2 ½ years ago. Also present were Mrs Robinson, Mrs Leeds, Mrs Jackson. 13. Christopher Constable was uncle (by law) to Francis Carlyle, and Mary Constable and Frances Carlyle are cozen germaines. All suits between John Constable and Carlyle were compromised and ended by Sir Marmaduke Langdale and Mr William Carlisle before this cause was examined. Signed by Carlyle [mark] and commissioners Wharton, Cobb, Skerne, Grimston, Carleill. fo.56r (Witness 16), William Hornbie of Routh, co. York, yeoman, born there, aged He heard Francis Carlyle say to his companion John Clarke while out riding in Routh field last Michaelmas that Francis Carlile was as good a man as John Constable. Signatures by Hornbie [mark] and commissioners Wharton, Cobb, Grimston, Carleill. fos.56v-57r (Witness 17), William Kerkbie of Woodhouse in the parish of Long Riston, co. York, yeoman, born at Great Hatfield, aged He had heard that the house att Catfoss of the ancestors of John Constable was burnt, and at that time many writings and evidences as he hath heard by divers old men were then burnt; whereby it would have appeared that Mr John Constable was descended from the house of Freshmarsh [Frismarsh] and that when the house of Freshmarsh [Frismarsh] was lost into the River called Humber, then the ancestors of John Constable removed to Humpton [Holmpton]. He had heard that John s father,

20 20 Mr Christopher Constable, was one of the best of the Constables that was in Holderness. 2. He lived with Mrs Margery Constable of Woodhouse and dependeth of her and doth not knowe what hee is worth 1. He had heard that Christopher Constable was descended from Sir William Constable of Hatfield, but hath always heard reported that the Constables of the house of Catfosse were accounted a more worthie familie then the family of Mr Christopher Constable. 5. He hath heard it reported that Christopher Constable, father of Mr Christopher Constable, and soe his ancestors before him was or were seized or possessed of a messuage and a house, and sould the same to one Dakins, and which is now in the possession of one Mr Remington. 1. John Constable was the only esquire of that name in Silsthorne parish. 8. The family of Catfoss and Frismarsh were one family and not distinct families Signed by Hornbye and commissioners Grimston and Carleill. fo.57v (Witness 18), Jane Boddam of Seaton, co. York, widow, born at there, aged Margaret Smith hath beene divers tymes distracted and out of her senses as [Boddam] hath heard and knoweth that she was once distracted, but whether she was soe distracted at the tyme of her examinacon in this cause [she] knoweth not by reason that shee doth not now dwell neare unto her. 14. The Smiths were of honest life and conversation Signatures by Boddam [mark] and commissioners Wharton, Leedes, Skerne, Grimston and Carleill. 15 January 1639 fo.58r (Witness 19), Isabel Chapman of Wassand, co. York, widow, born at Goxhill, aged Similar testimony to Boddam s concerning Margaret Smith being distracted. 2. She lived of herself. 14. John Smith and Margaret Smith his wife have but a indifferent repute amongst theire neighbours. And saith that it is verye likely that John Smith and Margaret Smith will sweare an untruth in this cause as [Chapman] thinketh because they beare hatred and malice to John Constable. Signatures by Chapman [mark] and commissioners Wharton, Leedes, Skerne, Cobb, Grimston and Carleill. fos.58v-59r (Witness 20), Edward Robinson of Seaton, husbandman, born at Long Buham [Bewholme], co. York, aged 80

21 21 2. The north aisle in Silsthorne church had been maintained by John Constable and his forbears. 2. He lived of himself. 1. Christopher Constable, father of the plaintiff, had owned a manor house in Catfoss called South Hall, with part of Nunkeeling woods. John Constable s ancestors had another part of these woods and a manor house called North Hall in Catfoss. Neither held a manor court. Christopher Constable sold South Hall and its lands to one Dakins. 6. He had heard that both Constables were descended from knights. 14. The Smiths were people of honest lie and conversacon for ought that [Robinson] knoweth and will not sweare an untruth upon theire oaths as hee beleeveth and never heard that they were convicted of perjurie. Signed by Robinson [mark] and commissioners Wharton, Leedes, Cobb, Grimston and Carleill. fos.59r-59v (Witness 21), John Wenslowe of Seaton, blacksmith, born at Byford, co. York, aged The north aisle in Sigglesthorne church had been maintained by John Constable and his forbears ever since [Wenslowe] can remember. 14. That the Smiths were of honest life and conversacon and such as will not depose an untruth upon their oaths as [he] believeth and hath a reasonable estate to lyve upon. Signed by Wenslowe [mark] and commissioners Wharton, Leedes, Skerne, Cobb, Grimston and Carleill fos.59v-61r (Witness 22), Christopher Hildiard of Routh, gent, born at Ottringham, co York, aged The Carlyles were capital enemies of John Constable. 2. He had seen tombs, monuments and many writings and deeds that referred to John Constable and his ancestors as esquires, and that the aisle in Sigglesthorne church was maintained beyond memory of man by Constable and his ancestors. He related evidence of many of the same deeds and evidences as William Allerton. The house of John Constable s father was burnt, in which a grant was burnt that did entitle the ancestors of John Constable to have had possession as lords of twelve mannors as he hath like heard. 2. Christopher Constable is descended in a right descending paternall from Sir William Constable of Hatfield. 3. He knew John Constable s father and had seen his pedigree with evidences of his grandfather William Constable. 14. Francis Carlyle was of honest life and conversacon and good estate in lands.