353 KINGSTON V COPLEY Robert Pierrepont, Earl of Kingston v Christopher Copley of Wadworth, co. York, gent February 1636 January 1638

Transcription

1 1 353 KINGSTON V COPLEY Robert Pierrepont, Earl of Kingston v Christopher Copley of Wadworth, co. York, gent February 1636 January 1638 Name index: Armitage, George, gent Armitage, Gregory, gent Arrowsmith, Richard, labourer Bosvile, Elizabeth Bosvile, Gervase Bradforth, Robert, yeoman Cavendish, William, knight Champion, William, gent Clifton, Gervase, knight Cooke, Brian, gent Copley, Ann Copley, Christopher, gent Copley, Lionel, gent Copley, William, gent Crashawe, Francis (also Crashaw) Crashawe, John, labourer (also Crashaw) Crashawe, Mary (also Crashaw) Cressy, Ann Cressy, Gervase Dethick, Gilbert, registrar Duck, Arthur, lawyer Eden, Thomas, lawyer Fairfax, Thomas, knight Fairfax, Ferdinando, baron Fairfax French, Alexander, gent French, George, gent Fretwell, Ralph the elder, gent Fretwell, Ralph the younger, gent Gaunt, Richard Hamerton, Robert Haselwood, James, shepherd Hansby, Ralph, knight Holmes, James, yeoman Howard, Henry, baron Maltravers Howard, Thomas, earl of Arundel and Surrey Jones, Daniel, clerk Kempe, John, husbandman Marples, Robert, servant Marston, Raphe, gent Marten, Henry, knight Medcalfe, John, husbandman Merrick, William, lawyer Molineux, Francis, knight

2 2 Parkins, John, vicar Percy, Algernon, earl of Northumberland Pierrepont, Frances (also Pierrepoint, Pierpoint, Pierpont) Pierrepont, Gertrude, countess of Kingston (also Pierrepoint, Pierpoint, Pierpont) Pierrepont, Henry, knight (also Pierrepoint, Pierpoint, Pierpont) Pierrepont, John (also Pierrepoint, Pierpoint, Pierpont) Pierrepont, Robert, earl of Kingston (also Pierrepoint, Pierpoint, Pierpont) Rockley, Robert, esq Roiston, Robert, deputy steward Rushworth, John, gent Sackville, Edward, earl of Dorset St Nicholas, Thomas, gent Simson Smith, Edward, labourer Spencer, Thomas, yeoman Steynton, Richard, husbandman Stock, John, attorney Stuart, Charles I, king Talbot, Clere, lawyer Talbot, George, earl of Shrewsbury Talbot, Gertrude Talbot, Henry, esq Terrick, Humphrey, notary public Trubshawe, James, yeoman Tyons, Elizabeth (also Tyas) Vane, Henry, knight Vincent, Thomas, gent Wastneys, Hardolph, knight William the Conqueror Williamson, Francis, clerk of the assizes Windebanke, Francis, knight Wood, William, husbandman Wortley, Francis, baronet Place index: Cambridgeshire Derbyshire, Blackwell Chatsworth Thurvaston Huntingdon Lincolnshire Montgomeryshire Meifod

3 3 Norfolk Nottinghamshire, Finningley Holme Pierrepont Newark Nottingham Worksop Rutland Westmoreland, Kirkby Stephen Yorkshire, West Riding, Austerfield Barnsley Bawtry Braithwell Brinsworth Campsall Doncaster Edlington Hellaby Hooton-Levett Loversall Maltby Rotherham Sheffield Stainton Tickhill Wadworth Warmsworth Wellingley Wilsick Subject index: allegation of perjury assizes comparison Court of Wards drunkenness ironworks office-holding other courts military officer parliamentarian royalist undermining before subordinates

4 4 Abstract Copley, a minor gentleman from Wadworth in the West Riding of Yorkshire, was charged with having said that the honourable Robert erle of Kingston was a base lord, that I, Christopher Copley was better borne then [the] erle of Kingston or his wife. He was also alleged to have said to Francis Crashawe, Thou bearest thyself soe high on thy Mr John Pierpoint, and thy M[aste]r soe highe on the earle of Kingston that men cannot have their right of them. The words had been spoken, in the earl s absence, before local farmers and their wives out in the barley fields of Wadworth at harvest time in September Kingston must have been especially anxious for Copley s appearance in the court as Copley and his father entered a bond for 1,000 in June Kingston nominated a particularly high powered group of commissioners to take depositions on his behalf consisting of Sir Gervase Clifton, Sir Francis Wortley, Sir Hardolph Wastneys and Sir Francis Molineux, with Sir Ralph Hansby to represent Copley. They met on 22 September 1636 at the Angel Inn, Worksop, Nottinghamshire. The witnesses included four local gentry, Alexander French of Staynton, George French of Wilsicke, Ralph Fretwell of Maltby and Ralph Fretwell of Hellaby, and Mr John Pierrepoint, a kinsman of the Earl. Copley denied that he had spoken disgracefully of the Earl and his wife, but maintained that his own descent was from noble and right worthy ancestors in continuous succession since the time of William the Conqueror. His defence concentrated on challenging the credibility of Kingston s witnesses who, he claimed, had been hired, had sworn falsely, and been instructed in their deposition by Mr Pierrepoint. Thomas Vincent, gent, one of the commissioners nominated by Copley, complained to Arundel that eleven of the prosecution s witnesses were examined upon questions not contained in the libel and refused to sign the return. Copley, himself, stood accused of threatening one of his tenants who failed to testify for him, and offering money to any who would depose that one of the prosecution witnesses had previously forsworn himself at Doncaster court. The case was under way by February 1636 when Copley delivered his personal answer. Mr Pierrepoint, together with John, Francis and Mary Crashawe and Robert Hamerton had all deposed in support of the libel by May 1636 and were being challenged when Copley began his defence in June. Sentence was given against Copley on 16 February 1637, with a 500 fine to the king ( 300 according to a later report) and 13-6s-8d for expenses. Copley petitioned the king against his sentence and on 13 March 1637 Charles referred the matter to the arbitration of the Earls of Northumberland and Dorset, Sir Henry Vane and Secretary Windebank, informing them that considering the immediate relation which the court had to his own person he would be very sparing in granting appeals. They found against Copley and on 1 May 1637 he was bound over to appear before the privy council, being discharged when he entered bond in payment of his fine on the 18 th. Copley performed his submission on the afternoon of 22 July 1637, before the judges of assize in Nottingham s Shire Hall. He confessed that Kingston and his wife were persons much better and more nobly borne than myselfe, praying for their forgiveness and promising to behave my self ever hereafter with all due submission and respect towards all other of the nobility of this kingdom. Five years later he was in arms against Kingston, serving in the parliamentary army.

5 5 Documents Initial proceedings Personal answer: 17/1e (11 Feb 1636) List of defendant s witnesses: 7/32 (28 May 1636) Plaintiff s case Letters commissory for the plaintiff: Acta (5), fo. 201 (3 Jun 1636) Legal notes in support of plaintiff s witnesses: Acta (5), fo. 200 (3 Jun 1636) Defence interrogatories: Acta (5), fo. 202 (no date) Letters substitutional for the plaintiff: Acta (5), fo. 168 (4 Jun 1636) Plaintiff depositions: Acta (5), fos (22 Sep 1636) Letter of commissioner to Arundel: Acta (5), fo. 170 (22 Sep 1636) Notary public s certificate: Acta (5), fos (23 Sep 1636) Receipt for defence bond: 3/7 (28 Jun 1637) Submission Submission: 4/21 (28 Jun 1637) Defence bond on submission: 3/137 (30 Jun 1637) Certificate of submission: 15/1t (14 Oct 1637) Articles: R.19, fo. 15r (1637) Proceedings Proceedings: College of Arms MS. Court of Chivalry (act book, ) [pressmark R.R. 68C] (hereafter 68C), fos. 64r-67r (c. Apr 1636) Proceedings before Arundel: 68C, fos. 89r-100r (May 1636) Proceedings before Maltravers: 68C, fos. 74r-83v (7 May 1636) Proceedings before Maltravers: 68C, fos. 112r-121v (Jun 1636) Proceedings before Sir Henry Marten: 68C, fos. 122r-124v (3 June 1636) Proceedings: 68C, fos. 105r-110v (8 Nov 1636) Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637) Proceedings: R.19, fos (28 Jan 1637) Proceedings: 68C, fos. 23r-36v (11 Feb 1637) Proceedings: 68C, fos. 1r-11r (16 Feb 1637) Proceedings: 68C, fos. 14r-20v (16 Feb 1637) Proceedings: 68C, fos. 37r-41v (29 Apr 1637) Proceedings before Arundel: 8/26 (14 Oct 1637) Proceedings before Maltravers: 8/27 (14 Oct 1637) Proceedings before Maltravers: 8/30 (28 Nov 1637) Proceedings before Maltravers: 1/5, fos (27 Jan 1638) Proceedings: 68C, fos. 70r-73v (c ) Notes Initial proceedings 17/1e, Personal answer [damaged]

6 6 Whereas I am to appear this day in the honourable court and to put in my proferred against me by the earle in answer thereunto (saveing privileges of a defendant) I say and do willingly acknowledge the same to be descended of noble and right worthy ancestors dignified with many severall alliances with noble and worthy families discended of a continued succession from the tyme of William the first called the Conqueror; and that I have been ever ready and still shalbe to give all esteeme and honor due to him as an earle and peere of the realme; and have been forward upon occasion to make known his antiquitie and personal worth. Further I do know and acknowledge his right honourable Lady to be the eldest daughter and coheir of Henry Talbot, esq, son to the right honourable George, late earl of Shrewsbury. But in answer to that exception against my ancestors in his lordship s libell I do humbly affirme (not in way of comparison but merely to clear the right of my ancestors) that some of them were of worthy esteem at the Conquest, and since that time divers of them have attained to the honor of knighthood, and myself neerely allied in consanguinitie to the right honourable the Lady of Kingston herselfe. And in answer to the charge itself, vizt. That I am better borne then the earle of Kingston or his wife or lady, I must needs affirme to vindicate my owne that I did never speak those words, and I will be ready to justifie the same if I shall be called thereunto in open court upon myne oathe wherefore hopeing that this may give satisfaction to this honourable court and to the earle himself in point of honor, I request that I may be dismissed with reasonable costs. Dated 11 February Signed by Christopher Copley. 7/32, Note of defendant s commissioners Latin note of commissioners, 28 May 1636, to meet in the Sessions Hall at Doncaster, co York on 5,6 and 7 September Comissio p[ro] Mr Copley. Radulphus Hansby de Tickhill miles [ Robertus Rockley armiger de Rockley erased] Thomas Vincent de Warmesworth gent Gregorie Armitage de [blank space] gent Brian Cooke de Doncaster gent Plaintiff s case Acta (5), fo. 201, Letters commissory for the plaintiff Addressed to commissioners Sir Gervase Clifton, knt and bart, Sir Francis Wortley, knt and bart, Sir Francis Molineuxe, bart and Sir Hardolph Wastneys, bart, and also Sir Ralph Hansby of Tickhill, knt, Thomas Vincent, gent, George Armitage, gent and Brian Cooke, gent, to meet in a cause of scandalous words provocative of a duel on September 1636, at the Angel Inn, Worksop, co. Nottingham. Gilbert Dethick assigned Humphrey Terrick as notary public. Dated 3 June Signed Gilbert Dethick.

7 7 Acta (5), fo. 200, Legal note in support of plaintiff s witnesses 1. John Crashawe, Robert Hamerton, Mary Crashawe and Francis Crashawe witnesses produced, sworne and examined on the libel admitted on the behalf of the earle of Kingston att the time of their production and examination, and for divers yeeres before and since, have beene and still are persons of good name and fame, of honest life and conversacon, never addicted unto or convicted of any notorious vice, crime, or misdemeanour. Neither were they ever accompted common drunkards, or alehouse haunters, or persons that will depose or testify untruly on their oaths, but are temperate and discreet persons, such as will depose the truth on their oaths, and such to whose testimony credit is to bee given. And for such persons they have been and still are accompted reputed and taken amongst their neighbours in the places where they live, and such as do well know them. 2. John Pierrepoint, gent, another of the witnesses produced sworne and examined on the behalf of the earle of Kingston upon the libel admitted on his behalfe, att the time of his production and examination in this cause, and for divers yeeres before and since, have beene and is a gent of ancient discent, of a great estate, of good and sound judgement and discretion, well esteemed of among persons of the best rank and quality in the countrey where he liveth, never addicted unto, convicted or suspected of any notorious vice, crime, or misdemeanour, but hath always behaved himself as becometh a man of his ranke and quality, and one to whose testimony credit is to be given. And for such a one he hath beene for divers yeeres past and still is accompted reputed and taken. Dated 3 June 1636, Dr Duck (on the part of the earl of Kingston), Dr Eden, Dr Talbot and Dr Merrick Signed by Arthur Duck. Acta (5), fo. 202, Defence interrogatories 1. Did they know Kingston and Copley, or the witnesses John Crawshawe, Robert Hamerton, Francis Crawshawe, Mary Crawshawe, John Pierrepoint? How long had they known them? 2. Did they know or had they heard that John Crawshawe, Robert Hamerton, Francis Crawshawe, Mary Crawshawe and John Pierrepoint were persons of evell quality fame and conversation, raylyng, quarrelsome, slanderous, malicious, blasphemous, fraudulent and deceitful persons in their dealings, or disorderly persons knowen or noated for comon alehouse haunters to have seene often or ordinarily drunken, or in drinke; when, whear and howe often? And are they not known and noated to be persons suspected of or defamed for simony, theft, or incontenancy? Which of them by name, for what how often and with whom? Declare your whole knowledge what you have heard or doe verily believe therein. 3. Were any of the above by the common voyce of their neighbours or cuntry famed to be persons forsworne and ordinarily produced one by another and for an other enter changeably to beare false testimony against the respective adversaries of the other or for or of any other person or persons, whose cause they or any of them take upon them to countenance manage or defende? When, in what causes, how often for what rewards and with what other circumstances; and be not they or some of them, and

8 which of them, esteemed, accompted and taken to be dangerous persons to have any dealing withal, being able and reddy to prove what they will? 4. Which of the above did interest themselves in other mens causes; and incurrage and animate the partie in their unjust causes to stand out or make them selfes parties therein and come in as witnesses. When, in what causes, and ageysnt whom? 5. Which of the above have supported or doe support fee or mayntayne one the other, or any other person, and who, with what some or somes of mony, giftes, annuitys or rewardes, to have them reddy to give in false testimony upon trialls and hearinge of causes, or for other false oaths or affidavits for them, or for any other person, at their requestes and pleasures, and for what person, or for concealing any practise of subornation for any plots contrived amongst them? 6. Did Robert Hamerton wishe in the hearinge of Richard Gaunt of Tickhill that he had rather have given twenty pounds though he had borrowed it of twenty men then to have sworne agaynst Christofer Copley; and that Hamerton did fall a weeping thereupon and that he did curse John Pierrepoint and others? 7. Had they heard Gaunt affirme and say that he heard Hamerton utter and speake the words in the six interr. mentioned and what other words to that purpose? And whether or noe have you heard Hamerton acknowledge that he did utter and speake such words to Gaunt and that he would not have declared soe much to Gaunt if he had thought that Gaunt would have revealed the same? 8. Did John Pierrepoint instruct Robert Hamerton to make a protestation or to justifie and mayntayne what he hath sworne and deposed on the earle s parte agaynst Copley? And in what manner did he the same? And what discourse had they together to that purpose; and when and whear and whether did not Pierrepoint often repeat such his instructions to Hamerton and whether or no doe you know or believe that Pierrepoint did the same purposely to inable Hamerton to make good his former depositions on the earle s parte? 9. Had the witness said they could clear Copley of those things which Hamerton and Crawshawe have sworne against him on the earle s part and did you not desire some and who to acquaint Christofer Copley therwith and to tell him that if he would admit you to speak with him you would acquaint him with the particulars of your knowledge therein and justify the same upon your oath, or to that effect? If yea then what was your meaning thereby? What do you know that might clear or induce to clear the defendant Copley therwith and what were the same particulars? 10. Did the witness tell Copley that John Crawshawe did divers times go about to have hiered you to have sworne that you was present and did hear Copley utter to Crawshawe scandalous wordes against the earle of Kingston. And did not you thereupon tell Crawshawe that you did not believe that Copley would speak any such words? And did not Crawshawe then reply that if you would sweare and depose as aforesaid you should be well payd for your paines? What were the words he would have had you soe to have sworne? Whether he would have soe hyered you? How often did he attempt it? Is he able of himself to give any reward? From whom do you believe the reward should have come? Was it out of any private grudge? And what was he set on by any other person underhand and by whom? 11. Was the witness on the parte of the earle, for favour, feare, reward or promise of reward? What reward or promise whether in playne termes or intimated by whom and when to be performed? By how many and by whom wear you solicited soe to come in? 12. Was the witness a freeholder or a subsidie man? Howe much are you worth your debts being deducted and payd? Are you excommunicated or outlaw? Are you 8

9 9 indebted to the earle of Kingston or to any of the witnesses in the first interrogatory named and are you in any danger unto them or any of them and which of them in respect of any bond, covenant or otherwise or in what respect are you kinsman, tenant or servant to them or any of them and to which of them? 13. Whether or no was Edward Smith in the tenth interr named arrested lately at Doncaster? How often, when, at whose sute, for what, who did deliver and procure his discharge? Who payd the debt and fees of his arrest and what were the same? By whose procurement, request or promise was he that did deliver Smith from his arrest contented soe to doe besides the sayd Smith? What satisfaccon hath he had or shall have for the same? Was it not a plot contrived, and by whom, to avoyd the examinacon of Smith on the parte of Copley at the commission lately executed at Doncaster for Copley? No date. No signature. Acta (5), fo. 168, Letters substitutional for the plaintiff Arthur Duck, advocate for the Earl of Kingston, appointed Robert Marples and William Champion, gents, to act for him by letters substitutional. Dated 4 June Signed by Arthur Duck. Acta (5), fos , Plaintiff s depositions Taken before commissioners Sir Gervase Clifton, knt and bart, and Sir Hardolph Wastneys, knt, on 22 September 1636 at the Angel Inn, Worksop, co. Nottingham, with Humphrey Terrick as notary public(thomas Vincent, gent, was present, but refused to subscribe his name). fos. 178r-179r (Witness 1) Richard Arrowsmith of Tickhill, co. York, labourer, lived there for 20 years, born at Blackwell, co. Derby, had known earl of Kingston for 40 years and Copley for 20 years, aged He had known Robert Hamerton for over 28 years, John Crashawe, Mary, wife of John Crashawe and Francis Crashawe for 6 years. All of them were honest persons of honest life and conversacon never addicted unto or convicted of any crime or misdemeanour not accompted to be drunckards or alehouse haunters for any thing he knoweth to the contrary, and such as will speake the truth upon their oaths, and such as will not depose falselie as he thinketh, and such to whose testimony upon oath credit is to be given as he thinketh. and he saith for such persons they and every of them are respectively accompted, reputed and taken amongst their neighbours in the places where they dwell for ought [he] knoweth or have heard to the contrary. And he farther deposeth that he hath bene a labourer and a workeman <as a servant> to Hamerton for five years past, and Hamerton by his living and trade now gaineth at least x li per annum and hath for all that time duelie paid [him] his wages, and saith he hath likewise seen Hamerton pay other men their due wages to the sume of xxx s a week in that tyme.

10 10 2. He knew nothing to the contrary that Mr John Pierpoint for the last 40 years had been a gentleman of ancient discent. Her had known Pierpoint for all that time. He believed Mr Pierpoint was a man of a great estate and worth 6000, a man of good and sound judgment and discretion, well esteemed of among persons of the best rancke and qualitie in the countrey where he dwelleth. And for ought he knoweth Mr Pierpoint was never addicted unto convicted or suspected of any notorious cryme or misdemeanour, and saith he never hearde, but that Mr Pierpoint hath always behaved himselfe as becometh a man of his rank and qualitie, and such a one to whose testimony credit is to be given. and for such a one he hath bene for all the tyme aforesaid and now is accompted reputed and taken. Signed Richard Arrowsmith [his mark] To Copley s interrogatories: 11. He was served by warrant by one that said he came from the earle of Kingston. 12. He is worth twenty nobles and is a poor labouring man. Signed Richard Arrowsmith [his mark] and commissioners Sir Gervase Clifton and Sir Hardolph Wasteneys. fos. 179v-181r (Witness 2) Robert Bradforth of Wellingley, co. York, yeoman, lived there for 40 years, born at Austerfield, co. York, had known earl of Kingston for 30 years, aged He had known John Crashawe for 20 years, Robert Hamerton over 40 years, the Mary Crashawe about 14 years, and Francis Crashawe about 20 years. They were all persons of good name and fame, of honest life and conversacon never addicted unto or convicted of any notorious vice, cryme or misdemeanour; neither were they ever accompted common drunckards or alehouse haunters or persons that will depose or testifie untruly on their oaths but are temperate and discrete persons such as will depose the truth on their oaths, and such to whose testimony credit is to be given and for such persons they have been and still are accompted, reputed and taken amongst their neighbours in the places where they live and such as do well know of them. And he farther deposeth that the lands and leases and means of living of Hamerton are yearly worth x li and upwards. 2. He had known Mr John Pierpoint for 27 years and believed him to be a gentleman of ancient descent; and Pierpoint s estate was reputedly worth 400 per annum. Pierpoint was of good and sound judgement and discetion well esteemed of among persons of the best rancke and qualitie in the countrey where he liveth. and he saith he never heard that he was addicted unto, convicted or suspected of any notorious vice or misdemeanour, but hath for all the time aforesaid and now doth for ought [he] hath heard behave himselfe as becometh a man of his rank and qualitie and one to whose testimony credit is to be given. and for such a one Mr Pierpoint hath for all the tyme aforesaid and now is for ought this deponent knoweth accompted reputed and taken. Signed by Robart Bradforth. To Copley s interrogatories: 1. He knew the earl of Kingston, because the earl had sued him upon a bond for a debt. 3. John Crashaw and Hamerton have been witnesses and sworne in a cause between partie and partie.

11 He was served by warrant to come to testify in this cause. 12. He was worth 10, and is more indebted and saith he hath been and is tennant to Mr Pierpoint. Signed by Robart Bradforth. And Bradforth further deposeth that one Sunday was fortnight one James Haselwood, sheppard to Christopher Copley at Wellingley and at other tymes and places told [him] that he was served with a warrant by Christopher Copley to be a witness for him in the next day following at Doncaster to depose at a commission, as he thought against the earle of Kingston and Mr Pierpoint. and Haselwood then told this deponent that if he did not go and swear as Mr Copley would have him then he should loose his service and that he was then undone; and that if he did not appeare he and his wife should goe to London upon their owne chardges; and that Mr Copley hath abated him twelve pence a weeke in his wages since he refused to appeare at the commission. And he further deposeth that Hamerton did divers tymes goe between Lamas was 12 monthes and Michaelmas last with his draught from Dennybie Colepitts, through Wadworth field to Tickhill Lymepitts having sometimes one with him and sometimes being alone. Signed by Robart Bradforth and the two commissioners. fos. 181v-182r (Witness 3) Daniel Jones of Finningley, co. Nottingham, clerk, lived there for 18 years, born at Meifod, co. Montgomery, had known the earl of Kingston for 20 years and Copley for 16 years, aged He had known Robert Hamerton for 40 years and Hamerton was a person of good name and fame, of honest life and conversacon, never addicted unto, or convicted of, any notorious vice, cryme or misdemeanour that [Jones] knoweth. Neither was, or is, he accompted a common drunckards or alehouse haunter, or one that will depose or testifie untruly upon his oathe for ought [Jones] knoweth to the contrary; and such a one as will depose the truth on his oathe; and such a one to whose testimony credit is to be given as [Jones] believeth; and for such a one he is accompted, reputed and taken for ought [he] knoweth amongst his neighbours that know him in the places where he dwelleth. And he farther saith that Hamerton and others about two yeares since rentinge from [Jones] certaine tithe for fiftie poundes a yeare for one yeare Hamerton brought the money due to [Jones] from him and paid [him] honestly for [his] tithe. 2. He had known Mr John Pierpoint for 2 years past and he thinketh he is a gentleman of ancient discent and of kin to the earl of Kingston; and saith he hath hearde that he is well esteemed of in the countrey where he dwelleth. Signed by Daniel Jones and the two commissioners. fos. 182v-183v (Witness 4) James Trubshawe of Bawtry, co. York, yeoman, lived there for 7 years, born at Thurvaston, co. Derby, had known Copley for 6 years, aged He had known Robert Hamerton for five years and Hamerton was a person of good name and fame, of honest life and conversacon, never addicted unto or convicted of any notorious vice, cryme or misdemeanour that [Trubshawe] knoweth of, but that one Mr Morton told [him] that he had chardged Hamerton with takeing his

12 12 whynns. and Hamerton told him that Morton had whynns from [Trubshawe]. Whereupon, Mr Morton, asking [Trubshawe] whether Hamerton had any whynns from [him], [he] told Mr Morton that Hamerton at that tyme had from this deponent some 40 tie whynns for carrying some lyme for [him]. He believed Hamerton is not accompted a common drunckard or alehouse haunter, or person that will depose or testifie untruly upon his oathe, and that he is a temperate and discreet person for ought [Trubshawe] knoweth such a one as will depose the truth upon his oath such a one to whose testimony credit is to be given he knoweth not howe he is accompted of amongst his neighbours. He had had very honest and faire dealinge from Hamerton for lyme that [he] bought of Hamerton. and he saith Hamerton is well esteemed of at Bawtrie by [Trubsahawe] and by others. 2. He had known Mr John Pierpoint for five yeares and he saith Mr Pierpoint is of a fair and affable carriage and hath for all that tyme behaved himself well And he saith he never had any thing to doe with Mr Pierpoint. Signed by James Trubshaw and the two commissioners. fos. 183v-184v (Witness 5) Alexander French of Stainton, co. York, gent, lived there for 30 years, born there, had known the earl of Kingston for 10 years and Copley for 7 years, aged 31 years 1. He had known Robert Hamerton for 20 years and Hamerton was a person of good name and fame, of honest life and conversacon, never addicted unto or convicted of any notorious vice, cryme or misdemeanour that [French] knoweth or hath heard. Neither was, or is, he accompted a common drunckard or alehouse haunter that [he] knoweth of, saving that Hamerton keepeth an alehouse in Tickhill. and saith he verily believeth he will depose truly upon his oath and not otherwise, and that he will swear as truly as Garfield and Gaunt who have sworn against him for that Garfield is a seditious person and a troublesome man and one that lost his coate in gameinge. and Sir Ralph Hansby was about to present him for such misdemeanours in the court leet at Tickhill. And he further saith that when Garfield hath gotten a cup <of drink> he useth to scandal men. And that Hamerton for all the tyme aforesaid hath bene, and now is, for ought [French] knoweth accompted, reputed and taken to be such a person as aforesaid amongst his neighbours in the place where he dwelleth. Signed by Alexander French. 2. He had known John Pierpoint for 20 years who was reputed to be a man of a good estate and saith he believeth he is a man of good sound Judgement and discretion and one to whose testimony credit is to be given. Signed by Alexander French. To Copley s interrogatories: 11. As witness He was no subsidie man, a freeholder in reversion and saith he is worth 20 li his debts paid; and saith valueth his freeholde at one hundred marks per annum; and saith he hath heard that he is now outlawed, but knoweth it not; neither is exco[mmun]icated that he knoweth. Signed by Alex French and the two commissioners. fos. 185r-187r (Witness 6) Edward Smith of Wadworth, co. York, labourer, lived there for 30 years, born at Doncaster, had known the earl of Kingston for 15 years,

13 13 aged He knew all the parties mentioned. He had known John Crashawe from his birth, Robert Hamerton for 30 years, Mary Crashawe for 16 years, and Francis Crashawe since he was a child. He believed Hamerton was an honest man ever since [Smith] knowe him and Hamerton did take a just oathe for [him] in Doncaster court betweene one Howson and [Smith]. And he farther saith that one Tho. Lawe of Loversall told [him] and as he said from Christopher Copley and said that he might do Copley good if he would goe to Doncaster to be a witness for him against Hamerton in the cause between the earl of Kingston and Copley. and said farther that Mr Copley would give him what he should require for his pay if he would depose that Hamerton had forsworne himself for [Smith] in Doncaster Court. and [Smith] sent word to Mr Copley by the said Lawe that he conceaved Hamerton had sworne truly for [him] and that he was an honest man and he farther saith that for ought [he] knoweth to the contrary all the said persons are reputed to be honest persons of good name and fame of honest life and conversacon, except that Mary Crashaw was with childe before marriage and her childe was borne after marriage and reputed to be begotten by her husband. and except this that he hath heard she was in the company of one Elizabeth Booth who is accompted a hedge breaker, and a false gleaner of corne in harvest tyme; but he never heard that Mary Crashaw was or is a hedge breaker or a false gleaner. and saith that parties named in this article depose the truth upon their oath and not otherwise for any thinge he knoweth, and soe they are accompted in the place where they dwell amongst their neighbours, and those that knowe them, for ought he knoweth. 2. He had known Mr John Pierpoint for 30 years and saith for ought he knoweth he is a gent of ancient discent a man of good estate, of good judgement and understanding well esteemed of in the countrey where he liveth and not addicted unto or convicted suspected of any notorious cryme or misdemeanour one that hath always behaved himselfe well and honestly among his neighbours one to whose testimony credit is to be given and for such a one he is accompted reputed and taken. Signed Edward Smith [his mark] To Copley s interrogatories: 3, 5, 9, 10, 11. Negative 12. He is neither freeholder nor subsidie man, but a poore laborer; and that he is worth 40 s his debts paid; and saith he is and hath been tenant to Mr John Pierpoint for 16 years. 13. He was arrested at the speeding of the commission at Doncaster in this cause at the suite of one Hugh Childers for 2 s 6 d and that one Mr John Stock, an attorney, paid the debt and chardges for [Smith] which amounted to 7s. And Mr Stockes took [his] word for the money and that he hath not, nor is to have, any other satisfaction then his [binding too tight] lent againe. and farther he saith he cannot answer saving he thinketh he was arrested upon a plot to hinder [him] from being a witness for Copley in this cause at the commission lately executed at Doncaster between the earle and Christopher Copley. Signed by Edward Smith [his mark] and the two commissioners. fos. 187r-v (Witness 7) John Kempe of Finningley, co. Nottingham, husbandman, lived there for 11 years, born at Maltby, co. York,, had known the earl of Kingston for

14 14 2 years and Copley for 6 years, aged He had known John Crashawe and Robert Hamerton for 20 years, and Francis Crashaw for 10 years, and saith he was servant with John Crashawe in one and the same towne about 20 yeares since. and for ought [Kempe] knoweth the persons are and have for all the tyme of his knowledge of them bene persons of good name and fame of honest life and conversacon, and for ought he knoweth never addicted unto, convicted of any notorious cryme vice or misdemeanour for ought he knoweth. and saithe he never hearde that they were accompted common drunkards or alehouse haunters and thinketh that they will sweare truly upon their oaths and thinketh their testimony is to be credited; and for such they are accompted for ought [he] knoweth to the contrary. And farther saith that [Kempe] hath dealt with Hamerton for lyme for 4 yeares last past, and saith [he] hath had good dealings from him; and beleeveth that Hamerton doth yearlie for lyme which he burneth to sell fourscore or a hundred pounds. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed John Kempe. To Copley s interrogatories: 12. He was neither a freeholder nor subsidy man, and worth with his debts paid 100. Signed by John Kemp and the two commissioners. fos. 187v-189r (Witness 8), Ralph Fretwell of Maltby, co. York, gent, lived there for 6 years, born at Edlington, co. York, had known the earl of Kingston for 30 years and Copley for 20 years, aged He had known John and Mary Crashawe for 7 years, Francis Crashaw for 4 years and Hamerton for 20 years. And saith that all the parties for all that tyme have been and now are for ought [Fretwell] knoweth to the contrary persons of good name and fame, of honest life and conversacon, and such as will depose the truth upon their oaths; and for such they are accompted amongst their neighbours for ought [he] knoweth. And he further saith that Hamerton is a freeholder and a tenant to [Fretwell] and is worth in lande 5 ld a year as [he] thinketh. And he saith Hamerton hath bought corne of [Fretwell] upon trust and paid him duely for the same. And he farther saith that Hamerton told [him] that he was much troubled for that he was examined betweene the earle of Kingston and Christopher Copley for that some had come to his wife; and she was much displeased with Hamerton for being a witness in the cause, whereupon Hamerton said I would I had given xx li that I had not bene examined for the earle in the cause, although I have sworne nothing in the cause but the truth, and affirmed the same to [Fretwell] and Mr Robert Roiston, deputie steward of Tickhill Court, upon this affirmation, vizt. as God should save his soule, and repeated it three severall tymes. 2. He had known Mr John Pierpoint for 12 years and had heard the earl of Kingston call him cosen, and that he is a man worth CC li per annum, one of good and sound judgment and discretion as he thinketh, and for ought he knoweth well esteemed of in the countrey and not addicted unto or suspected of any notorious cryme that [Fretwell] knoweth; and hath behaved himselfe well; and one to whose testimony as [he] thinketh credit is to be given and soe reputed.

15 15 Signed Raffe Fretwell. To Copley s interrogatories: 2. He had heard one Raphe Marston gent say that John Crashaw had sworne falselie in a cause in the Court of Wards for Mr John Pierpoint against Marston. 3 and 4. Negative. 5. Francis Crashawe hath bene for foure yeares last past and now is servant to John Pierpoint. 6, 7 and 8. Negative. Signed Raffe Fretwell and commissioners Sir Gervase Clifton and Sir Hardolph Wasteneys. fos. 189r-v (Witness 9) Ralph Fretwell, the younger of Hellaby, co. York, gent, lived there for 6 years, born at Braithwell, co. York, had known the earl of Kingston for 3 years and Copley for 7 years, aged He had known John Crashawe for 14 years, Robert Hamerton for 7 years and Francis Crashawe for 8 years. And he saith for ought [he] hath heard the parties are honest persons of good name and fame, and such as will depose truly upon their oaths as he thinketh. And saith Hamerton was a witness in Tickhill Court in a cause which went for that partie of whome Hamerton was a witness, and [Fretwell] thinketh the jury in that cause gave credit to his testimony and [he] thinketh he Hamerton did sweare truly therein. And he farther deposeth that Hamerton came unto the house of one Widdow Stocks in Tickhill and then and there said that he had told one Gaunt his neighbour that he had rather have given xx li then have been examined as a witness for the earle of Kingston against Christopher Copley, not because he had sworne any thing therein that was not true, but for that his neighbour and his wife vexed him for being a witness in that cause. To the rest of the articles he is not examined by consent. Signed by Ralphe Fretwell. To Copley s interrogatories: 2. Negative 3. John Crashaw hath bene once a witness for Mr John Pierpoint in a cause in the Court of Wardes between one Mr Raphe Marston and Mr Pierpoint. Signed by Raffe Fretwell and the two commissioners. fo. 190r (Witness 10), Thomas Spencer of Hooton-Levett, co. York, yeoman, lived there for 16 years, born at Brinsworth in Rotherham parish, co. York, aged He had known John Crashawe for about 16 years, and saith he hath seene Hamerton and hath knowne Mary Crashawe for 6 yeares; and Francis Crashawe he hath seene and he saith that John Crashawe served [Spencer s] owne father two yeares and [Spencer himself] for two yeares more, as he now remembreth; and alsoe served a yeare or two with [his] father in lawe and saith he thinketh they thought John Crashawe to be an honest man and that they never founde to the contrary by him duringe such tyme as he served them, and [Spencer] thinketh John Crashawe to be an honest man for that [Spencer] never found other by him.

16 16 To the rest of the articles he was not examined by the Earl of Kingston s consent. Signed by Thomas Spencer and the two commissioners. fos. 190v-191v (Witness 11), George French of Wilsick, co. York, gent, lived there for 7 years, born at Tickhill, co. York, had known earl of Kingston 30 years and Copley 12 years, aged He had known Robert Hamerton for 24 years who was a person of name and fame, of honest life and conversacon, and such a one as will depose the truth upon his oath for ought [Fretwell] knoweth or hath heard, and such a one to whose testimony credit is to be given as [he] thinketh and saith he never heard him accompted otherwise, but he saith that he hath heard from one Simson the brother in lawe of one Richard Gaunt that Gaunt had told him that he had told Mr Copley s man coming from Barnesley that he had heard Hamerton say as much as would disable the testimony of Hamerton or words to the like effect. and he saith he likewise heard Simson say that Gaunt said that Hamerton had said that he had rather have given xx li pounds than been examined for the earle of Kingston against Mr Copley in this cause. And farther said thought Gaunt said that Hamerton said that he had sworne the truth in that cause. Yet Hamerton wished he had given xx li as aforesaid because he could have noe peace at home with his wife for that he was affraide of Mr Copley his displeasure, and he farther saith that Simson likewise told [French] that Gaunt was brought to Doncaster to be examined on Mr Copley s behalf and Mr Copley, hearing Gaunt affirme that Hamerton had told Gaunt that Hamerton s oath was just and that he had sworne the truth, yet, notwithstanding, he had rather have given xx li then bene examined for the earle against Mr Copley for that his wife was discontented with him at home, and that she feared Mr Copley his displeasure, and saith Simson said that Mr Copley would not have Gaunt examined. And he farther saith he thinketh Hamerton s estate is worth about twentie nobles or tenn pounds yearly, and that he hath and doth live in good fashion. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by George French. To Copley s interrogatories: 12. He is a freeholder and subsidie man and saith he is worth CC li his debts paid; and saith he is in noe danger to the earle save onely for the xx li due upon bond; and saith he is not exco[mmun]icated or outlawed for ought [he] knoweth. Signed by George French and the two commissioners. fos. 191v-192r (Witness 12), Richard Steynton of Finningley, co. Nottingham, husbandman, lived there for 19 years, born at Austerfield, co. York, had known Kingston 15 years and Copley 12 years, aged He had known Hamerton for six years who was a man of good name and fame of honest life and conversacon and thinketh he will depose truly upon his oath. And he farther deposeth that this deponent and Hamerton did hire a tithe of one Mr Jones of Finingley for a yeare, and Hamerton did duely pay his part of the rent, and [Steynton] had good dealing with him. and [Steynton] saith Hamerton shalbe partner with [him] againe soe long as [he] is tenant to Mr Jones if Hamerton soe please. And he thinketh

17 17 Hamerton selleth lyme to the value of fowerscore or a hundred pounds a yeare. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by Richard Steynton [his mark] and the two commissioners. fos. 192r-v (Witness 13), John Medcalfe of Finningley, co. Nottingham, husbandman, lived there for 30 years, born there, aged He had known Robert Hamerton for 10 years who was a person of good name and fame, of honest life and conversacon, one that will speak the truth upon his oath as [Medclafe] thinketh. And he saith that [he] hath bought lyme of Hamerton to the value of xxx s a yeare for 4 yeares, and saith he hath had a good dealing with Hamerton, and saith he thinketh Hamerton taketh at least xx li a yeare for lyme out of the parishe of Finingley, and likewise thinketh that he taketh C li a yeare for lyme in other places. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by John Metcalfe and the two commissioners. fo. 193r (Witness 14), William Wood of Finningley, co. Nottingham, husbandman, born there, aged He had known Robert Hamerton for 6 years who was a person of good name and fame, of honest life and conversacon, and one that will depose the truth upon his oath as he thinketh. And saith that [Wood] hath bought of Hamerton yearly lyme to the value of xx s for three yeares past, and saith he thinketh Hamerton taketh xx li for lyme out of the parishe of Finingley, and saith he likewise thinketh that he selleth lyme yearlie worth C li. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by William Wood [his mark] and the two commissioners. fos. 193v-194r (Witness 15), John Parkins of Maltby, co. York, vicar, lived there for 34 years, born at Kirkby Stephen, co. Westmoreland, aged about He had known John Crashawe for 13 years and saith he was a servant in the parish of Maltbie at least two yeares, and saith he never heard but that Crashaw did behave himselfe well in that tyme. And saith he hath knowne Robert Hamerton for xx yeares last past, and saith he thinketh that Hamerton is an honest man for that about xx yeares since the sister of Hamerton makeinge clayme to some land which [Parkins] had bought, and Hamerton hearing what the clayme [Parkins] made to the same wished his said sister to forbeare to trouble [him] for the same lande and to stande to the courtesie of him; and [he] gave to Hamerton s sister a house wherein she hath ever since dwelt without paying any rent and saith there was noe farther question made by her against [him]. And saith he thinketh he is an honest man for that he hath taken his bonde as a suretie for money of infants wherewith [he] was intrusted. And saith he never heard the parties diffamed, and saith he thinketh Hamerton was borne of good parentage and that he hath heard they were landed men, and saith he hath heard Mr Raphe Fretwell say that Hamerton had x li a yeare in lands and leases. To the rest of the articles he was not examined by the earl of Kingston s consent.

18 18 Signed by John Parkins and the two commissioners. fos. 194v-195v (Witness 16), James Holmes of Wadworth, co. York, yeoman, lived there for 40 years, born at Campsall, co. York, had known Copley for 20 years, aged He knew all of the parties mentioned, had known John Crashawe for 35 years, Mary Crashaw for 11 years, Francis Crashaw for 37 years and Robert Hamerton for 20 years. They were persons of good name and fame, of honest life and conversacon, and such to whose testimony credit is to be given, as he thinketh, and and he saith he never heard that they were addicted unto or convicted of any notorious cryme or misdemeanour. And he said he knoweth John Crashawe is a painfull laborer and desired worke when he can get it. And he beleiveth John Crashawe to be an honest man for that he hath often tolde [Holmes] that Mr Wm Copley had offered to give him x li if he would deny that which he had formerly sworne in a cause between Mr John Pierpoint and Mr Raphe Maston, and that he said he had refused the same. And he saith Francis Crashawe is reputed to be an honest poore man and one that laboreth for his living and Mary is an honest woman for ought he hath knowne or hath heard. and he farther saith that for anything [he] knoweth Hamerton is accompted an honest man. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by James Holmes. To Copley s interrogatories: 11. Mr Marples, servant to the earl of Kingston, desired [Holmes] to come to testifie in this cause. 12. He was neither freeholder or subsidie man and saith he is worth his debts paid xx markes saving he is tenant to Mr John Pierpoint. Signed by James Holmes and the two commissioners. fos. 195v-196v (Witness 17), Isabella Crashaw, wife of Francis Crashawe of Wadworth, co. York, lived there for 9 years, born at Stocken [binding too tight], co. Nottingham, had known Kingston 12 years and Copley 14 years, aged She had known John Crashaw and Robert Hamerton for 12 years, Mary Crashaw for 9 years and Francis her husband for tenn yeares last past, and saith John and Mary Crashaw are of honest life and conversacon, for ought [she] knoweth or hath heard, for that she hath had little dealings with them. and saith she hath not hearde that they are addicted unto or convicted of any notorious cryme or misdemeanour. and saith they will depose truly upon their oaths for ought she hath hearde and she saith she knoweth nothing by her husband but what is honest. And she farther saith that she hath heard her husband say that Mr Copley had said to him in the barley field at Wadworth on the outemore flat in these words, vizt. Thou bearest thyself soe high on thy Mr John Pierpoint and thy Mr soe highe on the earle of Kingston that men cannot have their right of them; and she saith she was in the field toward the later end of harvest was twelvemonth one afternoone; but whether before or after Michaelmas she saith she knoweth not. and she then and there sawe Mr Copley and her husband talke angry together, but saith she heard not what words passed between them for that she

19 19 went away. and saith she then and there sawe a draught in the high way neere to them when they were talkinge and saith she thinketh Mary Crashawe was then within the hearinge of them. To the rest of the articles he was not examined by the earl of Kingston s consent. Signed by Isabella Crashawe [her mark] and the two commissioners. fos. 196v-197v (Witness 18), Elizabeth Tyons of Wadworth, co. York, lived there for 38 years, born at Beston? [binding too tight], co. Derby, aged She had known John Crashaw for 30 years, Robert Hamerton by sight, Mary Crashaw for 11 years and Francis Crashaw for 36 years. She believed they were persons of honest life and conversation and such as will depose the truth upon their oaths for anything she knoweth or hath hearde; and soe she thinketh they are accompted amongst their neighbours. And she farther saith that she was gleaneing on Mr Copley s ground called the outmore flat in Wadworth sand field about this tyme twelvemonth in the afternoone of a day, but whether it was before Michaelmas last past or after she knoweth not and she saith she then and there hearde Mr Copley speaking something lowd to Francis Crashawe as [Tyons] conceiveth, but what words he then said to him she knoweth not for that she was not then within heareing of their words. And she saith Mary Crashaw was within hearinge as she thinketh, and she saith that Mr Copley s servants was then and there loadeing barley rakeinges neere Mr Copley and Francis Crashawe when they spake together. And she farther saith that she did not see Elizabeth Boothe there at that tyme, and if she had bene then there [she] was nearer to Mr Copley and Francis Crashawe then Booth was as she thinketh. And she saith shee then sawe a draught in the high way at the lande ende and a man with it, but who the man or draught was she knoweth not. To the rest of the articles she was not examined by the earl of Kingston s consent. Signed by Elizabeth Tyons [her mark] To Copley s interrogatories: 12. She is a poore woman not worth xx s her debts paide; and she is tennant to Mr John Pierpoint and dwelleth rent free and is reliant upon the common box of the towne, and that by the helpe of her neighbours she hath brought up fouer children to men and womens estate. To the rest of the articles she was not examined by Copley s consent. Signed by Elizabeth Tyons [her mark] and the two commissioners. Acta (5), fo. 170, Letter of commissioner to Arundel To the right honorable Thomas Earle of Arundell and Surrey Earle Marshall of England. Whereas there was a commission under your honor s seale to others and myself directed for the examination of witnesses in a cause there depending betweene the right honorable Robert earl of Kingston-upon-Hull, plaintiff, and Christofer Copley, defendant, in which cause there was divers witnesses examined on the parte and behalfe of the earle; may it please your honor that I, Thomas Vincent, one of the commissioners in the cause doe humbly make bould to certify unto your honor that I did and doe make protestation against the severall depositions at the time of their