312 Hudleston v Hope

312 HUDLESTON V HOPE

Sir Robert Hudleston of Great Wilbraham, co. Cambridge, knt v Robert Hope of St Giles-in-the-Fields, London, tailor

June 1640

Abstract

Hudleston, a gentleman of the privy chamber, complained that on Monday 1 June 1640 Hope had said of him in the Horseshoe Tavern in Drury Lane, in the parish of St Giles-in-the-Fields, Thou art a base fellow'. When Hudleston answered that he was a knight and the king's servant, and threatened to complain to the Earl Marshal, Hope gave him the lie and said that 'he cared not; he had better friends to my Lo. Marshall than Sir Robert.' Depositions were quickly taken from Hudleston's witnesses between 18 and 23 June 1640. These revealed that Hudleston was a recusant and that, in part, the argument arose over talk 'touching papistrie and concerning puritans' and Hudleston maintaining 'the seven sacraments and other tenets of the Church of Roome.' It was also evident that Hope had spoken the words while being so drunk that he tried to leave the room via the chimney rather than the door, whereupon, Sir Robert 'took a chaire and satt at the dore and said he would see if Robert Hope could find the way out'. No indication of sentence survives. [Hudleston's brother, Edward was plaintiff in cause 313].

Initial proceedings

5/64, Petition

'Your petitioner being qualified as above, notwithstanding, Robert Hope of the parish of St Gyles in the fields in London, taylor, on Munday the first day of this instant June in the parish of St Gyles, without any provocation used these speeches to your petitioner in a provoking manner, vizt. Thou art a base fellow; and he making answer that he was a gent and a kt., and the kings servant, and that upon better consideration Robert Hope would not certainly use such speeches. Whereupon Hope replied and told the petitioner that he was a rogue, a base rogue, and a base rascall, and told your petitioner he lyed, and often times repeated the same words. And then the petitioner telling him he would complaine to your honour, Hope replied he had better friends to your honour then your petitioner, and that he cared not what your petitioner could do.'

Petitioned that Hope be brought to answer.

Maltravers granted process on 6 June 1640.

5/63, Plaintiff's bond

3 June 1640

That he was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster'.

Signed by Robt Hudleston

Sealed, subscribed and delivered in the presence of John Watson.

5/74, Defendant's bond

15 June 1640

That he was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster'.

Signed by Robt Hope

Sealed, subscribed and delivered in the presence of John Watson.

Plaintiff's case

Cur Mil 1631-1642, fos. 193v-195r, Plaintiff deposition

fos.193v-195r (Witness 1), John Tanner, servant to Sir Robert Hudleston for 2 years, born in St Andrew's, Holborn, London, aged about 23

18 June 1640

To Hudleston's libel:

1. 'He believeth the same to be true, but cannot depose anything of his own certaine knowledge'.

2. A fortnight before his examination, he waited upon Hudleston at the Horseshoe tavern in Drury Lane, where Hudleston spent time with other gentlemen. As Hudleston was preparing to leave, the witness heard Hope say to Hudleston, 'Thou art a base fellowe'. Hudleston replied that he was a gentleman, and a knight, and the king's servant and that upon better consideration he thought that Hope would not use such speeches'. Hope replied, 'Thou art a base fellow, thou lyest'. Hudleston then told Hope he would complain to the Lord Marshall. Hope answered that 'he cared not; he had better friends to my Lo. Marshall than Sir Robert and he cared not what my Lord Marshall could do'. There were also present one of the king's carvers, Hope's brother, Mr Pinner and George Richardson.

3. Hope spoke the words 'to the disparagement and in contempt of Sir Robert Huddleston'.

To Hope's interrogatories:

1. He was a witness at the cost and direction of his master, the plaintiff, 'and without compulsion, and expecteth noe reward for giving his testimony'.

2. Negative.

3. He was 'domestic servant to Sir Robert Huddleston and he favoureth the parties litigant indifferently'.

4. He was worth 'little or nothing his debts paid'.

5. He never saw Robert Hope before the time aforementioned.

6. He did not know how Hope came to be in Huddleston's company, or whether Hope had been invited.

7. He heard the words as he came into the room and the company were ready to leave.

8. 'He believeth [Hudleston] is a popish recusant, but saith he did not heare any such discourse the tyme aforesaid'.

9. He was not present and did not see or hear any of the passages in this interrogatory.

10. 'He did not hear any discourse between the parties aforesaid concerning religion', and did not hear any of the speeches mentioned in this interrogatory.

11. Hudleston and the company had been in the tavern 2 or 3 hours before the deposed words.

Repeated in court before Sir Henry Marten, knight, lieutenant, on 23 June 1640.

Signed by John Tanner.

Cur Mil 1631-1642, fos.197r-199r, Plaintiff deposition

fos.197r-199r (Witness 2), George Richardson, household servant to Sir Robert Hudleston for 2 years, born in Hartleborough, co. Northampton, aged about 34

19 June 1640

To Hudleston's libel:

1. He had known Hudleston for 3 years, in which time he had been a knight and a gentleman of the king's privy chamber.

2-4. Within the time mentioned in the libel, Hudleston was at the Horseshoe tavern in Drury Lane, with Mr Hope the king's carver, George Hope, and the defendant Robert Hope. The witness was Huddleston's servant and was going in and out of the room, he heard talk 'touching papistrie and concerning puritans and afterwards Robert Hope broke out into evil language against Sir Robert Huddleston', and told him he was 'a rascal and a base fellow'. Huddleston asked Hope if he knew what he said, and reminded him he was a knight, a gentleman and the king's servant. Hope replied that Hudleston 'was a rascal and a foole', and gave Hudleston the lie several times. Hudleston then told Hope he would complain to the Lord Marshall. Hope, 'in a very provoking manner', answered that 'he cared not he had as good friends as my Lord Marshall.' There were also present Mr Alexander Hope, George Hope, Hugh Pinner and John Tanner, the last of whom went in and out as the witness did.

To Hope's interrogatories:

1. He was a witness at the direction of the plaintiff, 'and expecteth noe reward for givinge his testimony'.

2. Negative.

3. He was a servant to Sir Robert Hudleston from whom he received wages, but was 'not of kindred to him'.

4. He was worth with his debts paid, £40 or £50.

5-6. As witness 1.

7. The company were drinking wine from 'ordinarie glasses', and Hudleston drank to Hope; but the witness did not see him urge Hope 'to pledge him, or enforce him to drink more than he was willing'. After the words, Huddleston departed, leaving Robert Hope with Alexander and George Hope.

8. 'He believeth that Sir Robert Huddleston is reputed to be a papist and before the speaking the words before deposed there was some discourse betweene the parties lconcerning religion and concerning seaven sacraments and other tenets of the Church of Roome, but what their particular discourse was [Richardson] remembereth not'.

9. Negative.

10. 'He did not see any the passages mentioned in this interrogatorie'.

11. Huddleston and the company had been in the tavern 3 or 4 hours before the deposed words.

Repeated in court before Sir Henry Marten, knight, lieutenant, on 23 June 1640.

Signed by George Richardson.

Cur Mil 1631-1642, fos.202v-207r, Plaintiff depositions

fos.202v-204v (Witness 3), Hugh Pinner of Chiswick, co. Middlesex, gent, lived there for about 10 years, born at Chepstow, co. Monmouth, aged about 40

18 June 1640

To Hudleston's libel:

1. He had known Hudleston for 5 years, otherwise as witness 2.

3-4. On Monday 1 June last, he went into the Horseshoe Tavern on Drury Lane and there found Sir Robert Hudleston, Mr Alexander Hope, Robert Hope and another man named Hope. After staying with them for an hour and a half or two hours, Robert Hope said to Hudleston, 'Thou art a base fellow'. Huddleston replied that he was sure that Hope would not justify those speeches, but Hope responded with more 'evil language'. Hudleston said he would complain to the Lord Marshall, but Hope retorted 'he cared not for my Lord Marshall... and that he could make as good friends to my Lord Marshall as Sir Robert Huddleston'. Two of Hudleston's men came in and out of the room as the words were being spoken.

To Hope's interrogatories:

1. 'He was served within a commissorie to come to be a witness and expecteth that Sir Robert Huddleston pay his charges; and expecteth noe manner of reward for giveinge his testimony'.

2-3. Negative.

4. He was worth £200 or £300 with his debts paid.

5-6. As witness 1.

7. As witness 2.

8. Before the speaking of the words, Robert Hope and the witness discussed religion, but the witness could not remember the specifics of it. He did not hear Huddleston 'maintain the seven sacraments or other tenets of the Church of Roome'.

9. He did not remember Huddleston using any of the speeches in this interrogatory.

10. He saw none of the passages in this interrogatory.

11. Before the speaking of the words, Mr Alexander Hope would have borrowed some money from Robert Hope, but Robert Hope 'thereupon gave him evil language, and then Sir Robert Huddleston blaming Robert Hope for disparageing Mr Alexander Hope, Robert Hope thereupon spake the words aforesaid... saving that afterwards he heard Mr Sandy Hope protest that he intended not to borrow any money of Robert Hope.'

Signed by Hugh Pinner.

Repeated in court before Sir Henry Marten, knight, lieutenant, on 20 June 1640, in the presence of John Longland.

fos.205r-207r (Witness 4), Alexander Hope of St Martin-in-the-Fields, co. Middlesex, gent, lived there for about 10 years, born at Chepstow, co. Monmouth, aged about 40

22 June 1640 [damaged]

To Hudleston's libel:

1. He had known Hudleston for 6 years, otherwise as witness 2.

2-4. On 1 June he was with Sir Robert Hudleston in the Horseshoe Tavern on Drury Lane, when they sent for Robert Hope. He came and they were in his company for 3 hours 'and drank wine somewhat freely', along with Robert's brother, George Hope and Mr Pinner.Robert Hope 'being overcome with excessive drinking began to be very cholericke and gave Sir Robert Huddleston evil speeches', and called him 'base fellow and base rascall, and told Sir Robert he talked like a foole, *and like an asse*'. Huddleston said he would complain to the Lord Marshall, but Hope retorted 'he cared not he could make as good friends as Sir Robert'. Two of Hudleston's men came in and out of the room as the words were being spoken.

To Hope's interrogatories:

1. His attendance was compulsory and he expected no reward for his testimony.

2. Negative, except Robert Hope asked the witness if he really had spoken the words, and the witness told him he had.

3. Negative.

4. He was worth £100 with his debts paid, and was not indebted to Hudleston.

5. He had known Robert Hope for 14 or 15 years, during which time he had 'behaved himself as a civil honest man and hath given good respect to gentlemen *at such time when he hath been sober*. And [Hope] verily believeth he would not have given Sir Robert Huddleston the evil language aforesaid had he not been overcome with drinke as aforesaid'.

6. The witness sent for Robert Hope for his company.

7. Huddleston and the witness drank healths from 'ordinarie wine glasses', and Robert Hope 'pledged the same without being enforced or urged thereto'.

8. Before the speaking of the words, Robert Hope and Hudleston discussed religion. Huddleston 'did maintain the seven sacraments and other tenets of the Church of Roome and Robert Hope contradicted him therein and declared himself to be of a contrarie opinion'. Huddleston then told Robert Hope 'that the parish must needs be well governed when he had anythinge to doe there... telling him that Robert Hope... [damaged] the Mars of the parish'.

10. 'Robert Hope being in drink rose up and went to the chimney instead of the dore *of the roome* and Sir Robert Huddleston seeing that took a chaire and satt at the dore *of the roome*, and said he would see if Robert Hope could find the way out. And thereupon Robert Hope came and sat down again and drank more wine and afterwards spake the words before deposed.' Neither Hudleston nor the witness urged Robert Hope to drink.

11. That they were in the tavern for 3 hours before the words deposed were spoken.

Signed by Alexander Hope.

Repeated in court before Sir Henry Marten, knight, lieutenant, on 22 June 1640.

Notes

Sir Robert Hudleston was the eldest son of Sir Henry Hudleston, knt of Sawston, co. Cambridge, knt, and Dorothy, daughter of Sir Robert Dormer, knight. Sir Robert married Bridget, daughter of Christopher Roper, baron Teynham. Sir Robert's brother Henry was a royalist lieutenant-colonel in the civil war.

J. W. Clay (ed.), The Visitations of Cambridge, 1575 and 1619 (Publications of the Harleian Society, 41, 1897), p. 28; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 202.

Documents

• Initial proceedings
  • Petition: 5/64 (6 Jun 1640)
  • Plaintiff's bond: 5/63 (3 Jun 1640)
  • Defendant's bond: 5/74 (15 Jun 1640)
• Plaintiff's case
  • Plaintiff deposition: Cur Mil 1631-42, fos. 194-5 (18 Jun 1640)
  • Plaintiff deposition: Cur Mil 1631-42, fos. 197-9 (19 Jun 1640)
  • Plaintiff depositions: Cur Mil 1631-42, fos. 203-7 (18-23 Jun 1640)

People mentioned in the case

• Dormer, Dorothy
• Dormer, Robert, knight
• Hope, Alexander, gent
• Hope, Robert, tailor
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hudleston, Bridget (also Huddleston, Huddlestone)
• Hudleston, Dorothy (also Huddleston, Huddlestone)
• Hudleston, Edward, gent (also Huddleston, Huddlestone)
• Hudleston, Henry, gent (also Huddleston, Huddlestone)
• Hudleston, Henry, knight (also Huddleston, Huddlestone)
• Hudleston, Robert, knight (also Huddleston, Huddlestone)
• Longland, John
• Marten, Henry, knight
• Pinner, Hugh, gent
• Richardson, George, servant
• Roper, Christopher, baron Teynham
• Tanner, John, servant
• Watson, John

Places mentioned in the case

• Cambridgeshire
  • Sawston
  • Great Wilbraham
• London
  • Drury Lane
  • St Andrew's Holborn
  • St Giles-in-the-Fields
  • St Martin-in-the-Fields
• Middlesex
  • Chiswick
  • Westminster
• Monmouthshire
  • Chepstow
• Northamptonshire
  • Hartleborough

Topics of the case

• Roman Catholic
• denial of gentility
• drinking healths
• drunkenness
• giving the lie
• privy chamber
• puritan
• recusant
• royalist
• royal servant