595 Sibthorpe v Hursler

595 SIBTHORPE V HURSLER

Sergeant Major Henry Sibthorpe of St Martin-in-the-Fields, co. Middlesex, esq v George Hursler, groom of his Majesty's stables, of the same, and Philip Cotham, tailor, of the same

January - May 1640

Abstract

Sibthorpe, a professional soldier and sergeant major in the king's army in the north, complained that Hursler, a groom in the king's stables, gave him the lie and called him a base fellow in Hursler's house in Covent Garden, where Sibthorpe lodged in the upper rooms, on 27 December 1639. He told Sibthorpe that a 'groom of the stable was as good a man as a fiddler', in derision of the latter's love of music. Hursler's wife, Rebecca, also called him 'a base fellowe', saying that her former husband was a better man than Sibthorpe. Sibthorpe further complained that Cotham, who was also present, then called him 'base stinking captaine' and said 'he was as honest a man' as Sibthorpe and that 'he would fight with him when he could'.

In their defence Hursler and Cotham insisted that Sibthorpe and his friends had caused a loud din by jumping and stamping on the floor above, so that Hursler sent his maid, Elizabeth Frickley, upstairs to desire them to be quiet. Sibthorpe first of all made some disparaging remarks about sending Hursler 'a maincombe and a curriecombe' for his horses. He then came downstairs, insulted Cotham by telling him he was 'the fellow that sells ragges' and called Hursler 'a base rogue, a base rascall', saying 'I will prove you so. I will make a hole through the seeling of your house and shite down upon your heads.' Cotham responded that 'in doing so he would showe himself a stinking captain.' When the pregnant Mrs Hursler told Sibthorpe that he would be 'better advised', he retorted,

The day after the quarrel, on 28 December Hursler had Sibthorpe arrested for striking his wife and the action was tried in the court of Marshalsea in Southwark, where Rebecca Hursler was awarded costs and damages on 7 February 1640. Sibthorpe later claimed that the witnesses for Hursler and Cotham had been motivated out of malice and procured a certificate from Lawrence Whitaker, the justice of the peace who had examined them, to the effect that the blow he had struck against Mrs Hursler was more like 'a clapp on the armes.' He also petitioned for an inspection of Hursler's premises on the grounds that this would show that his rooms were not above Hursler's kitchen as had been claimed.

Process was granted on 4 January 1640 and Dr Merrick presented the libel and witnesses to support it on 4 February. Depositions by Hursler and Cotham's witnesses were taken before Sir Henry Marten 4-11 May. Soon after this Sibthorpe was seeking an urgent end of the matter so that he could ride north to join the royal army. A damaged copy of the plaintiff's sentence against Cotham survives, but no sums have been filled in which suggests that he was acquitted.

Initial proceedings

2/64, Petition to Arundel

Sibthorpe lodged in the house of 'one George Hustler, a cutter in Covent Garden, and Hustler, having putt an uncivill affront upon him, in the presence of certaine gentlemen his friends that came to visit him, your petitioner, in curteous manner telling him of it, Hustler hereupon most disgracefully reviled the petitioner and gave him the lye, saying, Thou liest basely, and thou art a base fellow; and entered into comparison with him, affirming that a groom of the stable was as good a man as a fiddler (which terme of fiddler he did by way of derision and contempt putt upon the petitioner in regard of his delight in musique, which your petitioner for his owne recreacon sometime useth).

Also Hustler's wife, the more to provoke your petitioner and maintaine her husband in his misdemeanours, did reproach and vilify the petitioner affirming and swearing, By god, that he is a base fellowe; and that her former husband (being a broker) was a better man, as honest a man, and of a better calling then any captaine; concluding in theis tearmes (for thou art base all over.)

Likewise one Phillipp Cotham, a broker, living in the house of Hustler (being then also present) called the petitioner base stinking captaine; and said he was as honest a man as the petitioner, with other opprobrious language. By all which the petitioner doth extremelie suffer in his reputation, and having no fitt meanes to right himself but by your Lordship's noble favor and justice in the Court Military. And for that your petitioner is a gentleman of an ancient descent and famelie, and hath also had the honor to beare offices of command in the warrs in his Majestie's service,' he petitioned that Hustler be brought to answer.

Maltravers granted process on 4 January 1640.

2/65, Plaintiff's bond

4 January 1640

Bound to appear 'in the court in the painted chamber within the Pallace of Westminster'.

Signed by Henry Sibthorp.

Sealed and delivered in the presence of Humphrey Terrick

15/3b, Libel against Hursler[damaged]

1. Sibthorpe was descended from a family of ancient gentry and had served on expeditions to Ireland.

2. In January last, Hursler said in the parish of St Martin-in-the-Fields '[damaged] basely thou art a base Captaine', provoking Sibthorpe to duel with him.

No date.

Signed by William Merrick.

15/3e, Libel against Cotham[damaged]

1. Sibthorpe was descended from a family of ancient gentry and had served on expeditions to Ireland.

2. That in December and January last, Cotham said in the parish of St Martin-in-the-Fields 'thou art a stinking base Captaine and a base gentleman and I dare fight [damaged] I will fight with thee when thou wilt'.

No date.

Signed by William Merrick.

Plaintiff's case

14/3bb, Defence interrogatories for Hursler

1. The witnesses were warned against perjury and bearing false witness. Of what condition was the witness? Where had the witness dwelled and for how long?

2. Was the witness indebted to any of the parties? Was the witness a household servant to either of the parties? If so, what was his wage?

3. If the witness deposed of any words spoken by Hursler to Sibthorpe, they were to be asked exactly where and when were the words spoken? Who was present?

4. What words and actions had Sibthorpe used against Hursler and Hursler's wife, and in what order were they used?

5. Where was the witness when the words were spoken?

6. Was there a trial on 7 February 1640 'at the Court of the Marshalsea in Southwark' between Hursler and his wife, and Sibthorpe 'upon an action of batterie, for violence offered or blowes stroke by Sibthorpe to Hursler, or his wife, at the same tyme and place where such words were spoken as such witness shall depose of in this cause'? Was the witness used as a witness for Sibthorpe in that trial? Was Sibthorpe upon that trial condemned with costs and damages?

7. In case the witness deposed of any words spoken by Hursler against Sibthorpe, they were to be asked if Sibthorpe said to Hursler 'you are a base roague, a base rascall. I will prove you to be soe, you base roague. I will make a hole through the seiling of your house and shite down upon your heads'. Did Sibthorpe then call Hursler's wife 'base whore', and did he tell her 'he would shit in her mouth, or to that effect'? Did he then strike Hursler's wife, 'she being then apparently with child'?

8. Was Hursler 'one of his Majestie's servants, and so commonly reputed and taken', and was Sibthorpe lately 'a lodger or sojourner in Hursler's house and soe hath beene for divers months last past.'

No date.

Signed by Thomas Eden.

14/3u, Defence interrogatories for Cotham

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witness's age, occupation and condition? Where did the witness live now and where did he live previously?

2. Was the witness indebted to either party and if so, how much? Was the witness a household servant to either party, and if so what was his wage?

3. If the witness deposed on words uttered by Cotham against Sibthorpe, they were to specify the time, hour, day and place, and who was present?

4. What 'words and actions passed at the same tyme and place from Henry Sibthorpe to or against Phillipp Cottham, or Phillipp Cottham's wife; and lett such witness sett downe all such words and actions, and in what manner and in what order such words were spoken, and actions done between Cottham and Sibthorpe at that tyme'?

5. Was the witness present when the words were spoken?

6. At the time and place when Cotham spoke the words did Sibthorpe say to him, 'You are a base roague, a base rascall. I will prove you to be soe, you base roague. I will make a hole through the seiling of your house and shite downe upon your heads'. Did Sibthorpe then call Cotham's wife 'base whore', and did he say he 'would shite in her mouth', and did he strike her?

No date.

Signed by Thomas Eden.

Cur Mil 1631-1642, fos. 87v-97v, Defence depositions fro Hursler

fos. 87v-91v (Witness 1), Elizabeth Frickley, household servant to George Hursler for 2 years, born at Cowick, co. York, aged about 22

4 May 1640

To Hursler's defence:

1-2. Sibthorpe was a lodger in 2 or 3 upper rooms of Hursler's house, which were directly above the room in which Hursler's family ate and drank.

3-4. Around 27 December last, Sibthorpe had company in his lodgings from whom there was 'such whooping, hallowing, stamping and jumping', that Hursler and his wife were offended 'and afraid to stay in the room' below. Hursler sent her up to Sibthorpe 'to desire him to be so civill as not to beate downe the house'. Shortly after, Sibthorpe sent down a maidservant called Margaret who told Hursler that Sibthorpe would 'send him a curricombe and a mayne combe'. Sibthorpe's company continued their stamping, making an even greater noise than before.

5. After his company had departed Sibthorpe confronted Hursler and his wife in the room below, saying, 'Did you send me word that I should not beate downe your house?' Before Hursler could answer, Sibthorpe said to him, 'You are a base rogue, a base rascall and I will prove you so to be. I will make a hole through the seeling of your house and shite down upon your heads'. Mrs Hursler replied, 'You wilbe better advised'. Sibthorpe retorted, 'Peace you base whore I will shit in your mouth you base brokering whore. I will prove you a whore'. At this time, Mrs Hursler was pregnant.

6. Soon after, Sibthorpe 'of purpose to provoke George Hursler to give him evil language', called Hursler 'Base rogue and base rascall; and he dares not tell me I lye; and alas poore base rogue he goes in a scarlet coate and yet he dares not tell me that I lye'. Hursler replied, 'No sir, I will not tell you soe. You shall not have that advantage of me'. Sibthorpe then inquired, 'Will you say that you are as good a gentleman as I'; but Hursler responded, 'Noe I will make no comparisons with you'. Sibthorpe declared that Hursler 'had lost his gentilite by being a base stinking groome *to the kinge*'.

7. There were present Philip Cotham and his wife, Walter Glasse, Mary Westwood and this witness. All heard the above, and if anything had been said or done otherwise, they would have witnessed it.

8. The following morning Hursler had Sibthorpe arrested 'by a marshall's man upon an action of battery for striking Hursler's wife; and the action came to trial in the Court of Marshalsea'. Hursler's wife, Rebecca, was awarded costs and damages from Sibthorpe.

9. The maidservant Margaret was servant 'to one Mrs Johnson whoe lived with Mr Sibthorpe but was always serviceable and at the command of Mr Sibthorpe; but who paid her her wages [Frickley] knoweth not'. The Sunday after the quarrel, Margaret was standing at the door of Hursler's house when she said in the presence of this witness and Mary Westwood that Sibthorpe and her mistress 'would make me swear things which I never knew, nor sawe, nor heard, noe more than the child that is unborne'.

10. Walter Glasse was present at the quarrel and urged Hursler 'to have given some evil words' to Sibthorpe in reply to Sibthorpe's 'evil language and abusing of him'. He said 'will you putt up this? Will you and your wife be thus abused in your own house'?

Signed by Elizabeth Frickley [her mark]

To Sibthorpe's interrogatories:

1. She was Hursler's household servant 'and liveth by her service'.

2. She 'wisheth right may take place'.

3. She did not know the names of the gentlemen with Sibthorpe in his lodgings.

4. The noise 'was whooping and leaping upp and downe the roome... but by reason of the noise could not hear their voices'.

5. She delivered Hursler's message to Sibthorpe asking him 'to be so civil as not to beate downe the house', but she 'did not use any words of a tapp house, or a bawdy house, or to that effect; neither did she hear any such words used.'

6. She heard no such words.

7. She did not hear Hursler give Sibthorpe any evil words, 'but wished him to go up to his lodging and bee quiet'.

8. Sibthorpe and his company were in the room directly above where Hursler and his company were.

9. Mrs Hursler did not use any of these words, and gave no evil language to Sibthorpe.

10. She did not see Sibthorpe strike Mrs Hursler at that time and place.

11. Hursler caused Sibthorpe to be called before Justice Whitaker. This witness refused, and still did refuse, to depose that she saw Sibthorpe strike Mrs Hursler. 'She believeth at that time Mr Sibthorpe was not bound to the peace.'

12. She heard no such words.

Signed by Elizabeth Frickley [her mark]

Repeated in court before Sir Henry Marten, 5 May 1640

fos. 91v-95r (Witness 2), Mary Westwood, of the Oldchange, London, spinster, had lived there for 5 weeks, before that in St Martin-in-the-Fields, co. Middlesex, for half a year, born at Reading, co. Berkshire, aged about 20

To Hursler's defence:

1-2. Sibthorpe was a lodger in 3 upper rooms of Hursler's house, which were directly above the room in which Hursler's family commonly sat in. She knew this because she lived in Hursler's house.

3-4. Around 27 December last, Sibthorpe had company in his lodgings from whom there was 'such whooping, leaping and jumping', that Hursler and his wife were 'afraid of the plancher falling'. Hursler sent Elizabeth Frickley up to Sibthorpe to desire him 'to be so civill as not to endanger the beating downe of the house'. Shortly after, Sibthorpe sent down a maidservant called Margaret who told Hursler that Sibthorpe would 'send him a curricombe and a mainecombe, Mr Sibthorpe, as [Westwood] conceiveth, knowing and intending thereby that Hursler was one of his Majestie's servants in his groomes' stable'. Sibthorpe's company continued their stamping, making an even greater noise than before.

5. After his company had departed Sibthorpe confronted Hursler and his wife in the room below, saying, 'Did you send me word that I should not beate downe your house?' Hursler said, 'Yes' and Sibthorpe replied, 'You are a base rogue a base rascall and I will prove you soe. I will make a hole through the seiling of your house and shite down upon your heades'. Mrs Hursler replied, 'You wilbe better advised'. Sibthorpe called her 'Base whore, and base brokerly whore; and struck Mrs Hursler five or six blowes'. At this time, Mrs Hursler was pregnant.

6. Soon after, Sibthorpe, intending to provoke Hursler to give him evil language, called him 'Base rogue and base rascall; and he dares not tell me I ly; and alas poore base rogue he goes in a scarlet coate and yet he dares not tell me that I lye'. Hursler replied, 'No sir, I will not tell you soe. You shall not have that advantage of me'. Sibthorpe then inquired, 'Will you say that you are as good a gentleman as I', but Hursler responded, 'Noe, I will make no comparisons with you'. Sibthorpe replied, 'If thou wert never so good a gentleman thou hath lost thy gentilitie by being a <stinking> groome *to the kinge*'.

7. There were also present at the premises 'save only when Mr Sibthorpe stroke Mrs Hursler', Philip Cotham and his wife, Walter Glasse, Elizabeth Frickley and this witness.

8. The following morning Hursler had Sibthorpe arrested upon an action of battery in the Court of Marshalsea. Hursler was awarded costs and damages from Sibthorpe.

9. The Sunday after the quarrel, Margaret came to Frickley and Westwood as they were standing at the door into the street from Hursler's house. She told them that Sibthorpe and her mistress 'would make me swear things which I never knew nor sawe nor heard noe more than the child unborne'. Margaret was the servant to Mrs Johnson who also resided in Sibthorpe's lodgings, but she also did service for Sibthorpe.

10. Walter Glasse was present at the quarrel and urged Hursler 'to have given some ill language' to Sibthorpe in reply to Sibthorpe's 'evil language aforesaid'. He said 'will you suffer this? Will you put up this or will you be thus used in your own house'?

11. 'What she hath deposed before is true'.

To Sibthorpe's interrogatories:

1. She lived with Mr Caroll, a minister, at his house in the Old Change, London.

2. Hursler had married her sister, and she 'wisheth right may take place'.

3. As witness 1.

4. She only heard the noise of 'jumping and leaping and hooping'.

7. Sibthorpe speaking of Hursler's scarlet coat, Hursler replied that 'it was the kings cloth'. Sibthorpe said it was not, and Hursler declared, 'Whosoever said that that coate was not the kings cloth did lie.'

8. As witness 1.

9. Mrs Hursler told Sibthorpe 'that it was not civilly done of him to make such noise as though he would have broken down the house.'

10. Sibthorpe struck Mrs Hursler, the witness's sister 'violently and in angrie and hastie manner'. Sibthorpe struck her instead of Mr Hursler because she gave him 'some answer to his speech; and Mr Hursler did sit still and scarse make him any answear at all'.

11. Hursler caused Sibthorpe to be called before Justice Whitaker. Although Elizabeth Frickley refused, this witness along with Philip Cotham and his wife all testified that they saw Sibthorpe strike Mrs Hursler. Mr Sibthorpe was not then bound to his good behaviour, but he was brought a second time before Justice Whitaker and was then so bound.

12. She had heard Mrs Hursler 'wish that she had lodged a meaner man than Captaine Sibthorpe'.

Signed by Mary Westwood [her mark].

Repeated in court before Sir Henry Marten, 5 May 1640.

fos. 95r-97v (Witness 3), Lettice Cotham, had been wife of Philip Cotham of Covent Garden, tailor, for 3 years, born at Claines, co. Worcester, aged about 30

To Hursler's defence:

1-2. Sibthorpe was a lodger in 'divers rooms' of Hursler's house, which were directly above the room in which Hursler's family sat, ate and drank in.

3-4. Around 27 December last, Sibthorpe had company in his lodgings from whom there was 'such a leaping, and impeinge and howteninge and whoopinge that they did very much offend Mr Hursler and his wife, and the people in the room with them, and in somuch as the pewter on the shelves was removed as it would have come down'.

Hursler sent Elizabeth Frickley up to Sibthorpe to desire him 'to be so civill as not to beate downe the house'. Shortly after, Sibthorpe sent down a maidservant called Margaret who told Hursler that Sibthorpe would 'send him a curricombe and a mainecombe'. Sibthorpe's company continued their stamping, making an even greater noise than before.

5. As witness 2.

6. As witness 2.

7. There were also present Philip Cotham, Walter Glasse, Elizabeth Frickley and Mary Westwood 'and Margaret the serving maid stood without the door.'

8. Mrs Hursler had Sibthorpe arrested upon an action of battery in the Court of Marshalsea and recovered costs and damages from Sibthorpe.

9. 'She cannot depose anything'.

10. Walter Glasse was present at the quarrel and afterwards commended Hursler 'that he was so patient to take such evil language from Mr Sibthorpe.'

11. As witness 2.

To Sibthorpe's interrogatories:

2. She 'wisheth right may take place'.

6. After Sibthorpe came down, Hursler told him 'that Mr Sibthorpe did make his house more like a taverne *or an alehouse* then a private house'.

7.He did not hear Hursler use any such speeches.

8. Sibthorpe's room was 'almost over' the room in which Hursler and the witness were.

9. Mrs Hursler did not use any such words.

10. Sibthorpe struck Mrs Hursler and she 'wished Mr Sibthorpe had not come into her house'. Sibthorpe replied 'I will stay my utmost day'.

11. As witness 2. Justice Whitaker did not bind Sibthorpe to the peace at first 'in hope he should have made them friends'.

12. She had heard Mrs Hursler 'wish that Mr Sibthorpe had never come into her house'.

Signed by Lettice Cotham.

Repeated in court before Sir Henry Marten, 5 May 1640

Cur Mil 1631-1642, fos.116v-118v, 120v, Defence depositions for Hursler

fos. 116v-118v (Witness 4), Philip Cotham of St Martin-in-the-Fields, co. Middlesex, tailor, lived there for 15 years, born in St Andrew's, Holborn, London, aged about 30

8 May 1640

To Hursler's defence:

1-2. As witness 1. He knew this because his shop adjoined the Hurslers' house, with whom he was 'much conversant'.

3-4. On 27 December last, Sibthorpe had company in his lodgings from whom there was 'such hooping, leaping, jumping and hallowing', that the witness, Hursler and his wife and others in the room below were disturbed. Hursler sent his maidservant up to Sibthorpe to desire him 'to be so civill as not to beate downe his house on his head'. Shortly after, Sibthorpe sent down a maidservant called Margaret who told Hursler that Sibthorpe would 'send him a curricombe and a mayne combe'. Sibthorpe's company continued their stamping, making an even greater noise than before.

5. As witness 1, except with the additional allegation that Sibthorpe struck Hursler's wife four or five blows.

6. As witness 1.

7. There were present the witness and his wife, Walter Glasse, Mary Westwood, Elizabeth Frickley. All heard and observed the above.

8. Hursler's wife brought an action of battery against Sibthorpe in the Marshalsea Court, and was awarded costs and damages from Sibthorpe.

9. Margaret 'was servant to one Mrs Johnson who lived with Captaine Sibthorpe in some of his roomes.'

10. As witness 1.

To Sibthorpe's interrogatories:

2. He 'wisheth right may take place'.

3. As witness 1.

5. He did not hear the words taphouse or bawdy house at all used.

6. Negative.

7. Negative.

8. Sibthorpe and his company were in the room 'almost over the room' where Hursler and his company were.

9. Mrs Hursler said to Mr Sibthorpe, 'Is this the sweet conditioned gentleman I should have to lodge in my house; and thereupon Mr Sibthorpe called Mrs Hursler brokering whore and struck her'.

10. Sibthorpe struck Mrs Hursler and she complained of the blows at the time and since; 'and even until she was brought to bed, which was about a month afterwards'.

11. Sibthorpe was called before Justice Whitaker, 'and none of the witnesses to his knowledge did refuse to depose that Mr Sibthorpe had stroken Mrs Hursler.' He had heard that Mr Sibthorpe was not bound to the peace at first, but was later.

12. He heard no such words from Mr Hursler.

Signed by Philip Cotham.

Repeated in court before Sir Henry Marten, 9 May 1640

9 May 1640

To Sibthorpe's second set of interrogatories [fol.120v]:

1. 'There is now a suit depending in this honourable court commenced by Mr Sibthorpe against [Cotham] but [Cotham] saith he doth not bear him any malice or evil will by reason of the same.'

2. 'He hath before fully expressed the message that Mr Hursler sent to Mr Sibthorpe.'

Signed by Philip Cotham.

Repeated in court before Sir Henry Marten, 9 May 1640

Cur Mil 1631-1642, fos. 120r-v, Defence deposition for Hursler

Taken on 9 May 1640 and repeated in court before Sir Henry Marten.

fos. 120r-v (Witness 5), Alexander Spence, servant to the Bishop of Ros, born in Scotland, aged 24

To Hursler's defence:

6. Around the beginning of last December he was at Hursler's house in Covent Garden and spoke there with Mr Sibthorpe. Sibthorpe told him 'that he did formerly take Mr Hursler to be a gentleman but that now he saw he was none'. The witness answered he thought Hursler was a gentleman. Sibthorpe replied 'that if he were never so good a gentleman he had lost it by being a groome'. There were two maids there present.

To Sibthorpe's interrogatories:

1. He was a servant to the Bishop of Ros.

2. 'He wisheth right may take place and careth not who hath the better in this cause.'

3-12. He was not present at the quarrel, 'but was in bed it being late in the night.'

Signed by Alexander Spens.

Cur Mil 1631-1642, fos. 121r-128r, Defence depositions for Cotham

Taken on 11 May 1640

fos. 121r-122r (Witness 1), George Hursler of St Martin-in-the-Fields, co. Middlesex, groom of the stable to His Majesty, born at Gildersber, co. York, aged about 29

To Cotham's defence:

1-3. Late in the evening of 27 December, Mr Sibthorpe, a lodger in his house, 'came down from his lodgings and first quarrelled with [Hursler] and much abused him and stroke his wife, and afterwards began to quarrel and fall out with Philip Cotham who was then in company with [Hursler] saying to him... this is the fellow that complaines I make a noise over his head. And one Mrs Johnson who was of Mr Sibthorpe's company also said this is the fellowe (meaning Cotham) that will not let the handle of the pump stand in his shop'. Cotham's wife replied that 'she had no reason to let the handle of the pump stand there, to have Mr Sibthorpe's maid call her up at three of clock in the morning; and then and there Henry Sibthorpe stroke Cotham's wife *under the nose and pushed her and swore he would kick her into the fire'. Cotham then said to Sibthorpe, 'Sir if you had stroken me I could better have answered you than she that is great with child; whereupon Mr Sibthorpe called Cotham base rogue and said he would make hole over his head and shite downe upon his ragges *in his shop*'. Cotham replied 'that in doing so he would showe himself a stinking captaine'. Before Sibthorpe abused him, Cotham did not offer him 'any evill language at all'. Hursler was present all this time and observed all. Mary Westwood, Elizabeth Frickley, Mrs Johnson, Cotham's wife and Walter Glasse were also present.

4. Margaret was a servant to Mr Sibthorpe and Mrs Johnson.

5. Glasse was present and he told Mr Sibthorpe that Cotham kept the shop below.

To Sibthorpe's interrogatories:

2. He 'wisheth right may take place.'

3. He did not see Cotham's wife jostle Mr Sibthorpe or hear her tell him that he was 'a hot gentleman'. Sibthorpe struck Cotham's wife before Cotham had said anything to him. He did not hear Cotham say to Sibthorpe, 'Thou art a base stinking captaine or that he would fight with him or use any of the words in the interrogatory'.

4. The quarrel started between Sibthorpe and Cotham when Sibthorpe struck Cotham's wife.

Signed by George Hursler.

Repeated in court before Sir Henry Marten on 11 May 1640.

fos. 122v-124r (Witness 2), Elizabeth Frickley, household servant to George Hursler of St Martin-in-the-Fields, co. Middlesex, born at Cowick, co. York, aged about 22

To Cotham's defence:

1-3. Around 27 December, Mr Sibthorpe, a lodger in her master's house, came down from his lodgings accompanied by Mrs Johnson, and entered the room where Hursler and his wife, Cotham and his wife, Mary Westwood, Walter Glasse and herself were.

Sibthorpe first quarrelled with her master. Mrs Johnson then upbraided Cotham's wife for not letting the handle of a pump stand in her shop. Cotham's wife replied that 'she had no reason to have Mrs Johnson's maid to knock her up at three of clock in the morning'. Then Sibthorpe struck Cotham's wife 'under the nose and pushed her against the chimney and swore he would kick her into the fire'. Philip Cotham then said to Sibthorpe that if he had struck him 'he would better have answered him than she that was great with child; whereupon Mr Sibthorpe replied, Sirrah you base rogue, I will make hole over your head and shite downe upon your head and upon your old ragges'. Before Sibthorpe abused him and struck his wife, Cotham did not offer him 'any evill language'. If anything else had happened she would have observed it.

4. Margaret was a servant to Mrs Johnson who lived with Mr Sibthorpe, 'but was always serviceable and at the command of Mr Sibthorpe; but who paid her wages, she knew not. The following Sunday, Margaret stood at Hursler's door and said to the witness and Mary Westwood that Sibthorpe and her mistress 'would make me swear things which I never knew nor sawe nor heard noe more than the child that is unborne'.

5. Glasse was present and he told Mr Sibthorpe who Cotham was.

6. 'What she hath before deposed is true'.

To Sibthorpe's interrogatories:

1. She was Mr Hursler's maidservant.

2. 'She wisheth right may take place.'

3. She did not see Cotham's wife jostle Mr Sibthorpe or hear her tell him that he was 'a hot gentleman'. She did not hear Cotham give 'any evil language at all' to Sibthorpe, 'save only when the said Mr Sibthorpe told him he would make a hole and shite downe upon his head the said Mr Cotham made answer that in so doing he would showe himself a stinking captaine.'

4. The quarrel started between Sibthorpe and Cotham when Sibthorpe struck Cotham's wife. She did not believe Sibthorpe knew Cotham beforehand, because Sibthorpe asked who Cotham was, and Glasse told him.

Signed by Elizabeth Frickley [her mark].

Repeated in court before Sir Henry Marten on 11 May 1640.

fos. 124v-126r (Witness 3), Mary Westwood of the Old Change, London, spinster, had lived there for 5 weeks, before that for half a year in St Martin-in-the-Fields, co. Middlesex, born at Reading, co. Berkshire, aged about 20

To Cotham's defence:

1-3. Around 27 December, Mr Sibthorpe, a lodger in her master's house, came down from his lodgings late in the evening accompanied by Mrs Johnson, and entered the room where Hursler and his wife, Cotham and his wife, Elizabeth Frickley, Walter Glasse and herself were. Sibthorpe first quarrelled with Mr Hursler. Sibthorpe or Mrs Johnson then upbraided Cotham's wife for not letting the handle of a pump stand in his shop. Cotham's wife replied that 'she had no reason to let it stand there to have Mrs Johnson's maid knock her up at three of clock in the morning'. Then Sibthorpe struck Cotham's wife 'under the nose and swore he would kick her into the fire'. Philip Cotham then said to Sibthorpe that if he had struck him 'I should better have answered you than one that is great with child'. Sibthorpe then called Cotham 'poore rogue' and said he would 'make a hole and shite downe upon his head and upon his ragges'. Cotham then said 'he hoped he would be better advised and that if he did so he would show himself a stinking captain'. Before Sibthorpe abused him and struck his wife, Cotham did not offer him 'any evill language'. If Cotham had said anything else she and the other witnesses would have observed it.

4. As witness 2.

5. As witness 2.

To Sibthorpe's interrogatories:

1. She was Mr Hursler's maidservant.

2. She was not kin or dependent upon Mr Cotham 'and careth not who hath the better in this cause but wisheth right may take place.'

3. She did not see Cotham's wife jostle Mr Sibthorpe or hear her tell him that he was 'a hot gentleman'. She did not hear Cotham say any such words to Sibthorpe.

4. The quarrel started between Sibthorpe and Cotham when Sibthorpe struck Cotham's wife, and told him he would make a hole through the ceiling 'and shitte downe upon his head'.

Signed by Mary Westwood [her mark].

Repeated in court before Sir Henry Marten on 12 May 1640, in the presence of John Rainshawe.

fos. 126r-128r (Witness 4), Rebecca, wife of George Hursler of St Martin-in-the-Fields, co. Middlesex, born at Reading, co. Berkshire, aged about 32

To Cotham's defence:

1-3. Late in the evening of 27 December, she was sat with her husband, Elizabeth Frickley, Mary Westwood and Walter Glasse. Mr Sibthorpe, a lodger in her house, came down from his lodgings with Mrs Johnson, and quarrelled with her husband.

Mrs Johnson said Cotham's wife 'would not let the handle of the pump stand in her shop'. Cotham's wife replied that 'she had no reason to let it stand there to have Mrs Johnson's maid to call her up at three of clock in the morning'. Then Sibthorpe pushed Mrs Cotham, and 'stroke her under the nose, and swore he would kick her into the fire'. Philip Cotham, who had sat by the fire, and so far said nothing to Sibthorpe, then said to him, 'He had better have strucken him than his wife who was great with child for that he could have better answered him.' Sibthorpe then said, 'Oh you are the fellow that sells the ragges... Sirrah, you base rogue I will make a hole and shite downe upon your head'.

4. Margaret Bransby before and since was a servant to both Mr Sibthorpe and Mrs Johnson.

5. Glasse was present and he told Mr Sibthorpe that Cotham 'was the honest man that kept the shop belonging to this deponent's house'.

To Sibthorpe's interrogatories:

2. 'She wisheth right may take place.'

3. She did not see Cotham's wife jostle Mr Sibthorpe or hear her tell him that he was 'a hot gentleman'. She did not hear Cotham give Sibthorpe 'any evill words at all save only when the said Mr Sibthorpe told him that he would make a hole in the seeling and shitt downe upon his head, Cotham replied in soe doing you will shew yourself a stinking captaine.'

4. The quarrel started between Sibthorpe and Cotham when Sibthorpe struck Cotham's wife. Before that Cotham had said nothing to Sibthorpe.

Signed by Rebecca Hursler [her mark].

Repeated in court before Sir Henry Marten on 12 May 1640.

Sentence / Arbitration

15/4y, Petition by Sibthorpe and certificate from Justice Whitaker [badly damaged]

'Your petitioner hath a cause depending before your lordship in your Court Military against one Hustler, who hath given in his defence herein, pretending that your petitioner should strike and abuse Hustler's wife; and hath produced to prove the same Lettice Cotham, Mary Westwood and Elizabeth Frickley who have thereupon deposed cleane contrary [to] what they have formerly testified before Mr Justice Whitacre, being produced before him by George Hustler for the same thing as Mr Justice Whitacre can... [damaged] to your Lordship but is unwilling to intermeddle in... [damaged] it be by your Lordship's order or appointment in that it is not usuall in your Lordship's Court to give in exceptions against the defendant's witnesses.

May it therefore please your lordship to require a certificate hereof from Mr Justice Whitacre that your petitioner may have the time to exhibit into your lordship's court. And your petitioner shall daily pray and c.

I desire Mr Whitacre to certifie what the women and witnesses above mentioned did testifie before him at the tyme of there examination and whether they answered then upon oathe.'

Signed by Mowbray and Maltravers, 13 May 1640

[Overleaf]

'May it please your lordship, I have thoroughly examined the complaint made against Captain Sibthorpe by George Hustler for striking his wife; and, hearing that the witnesses produced on both sides did say, I found it testified by 3 or 4 at the least who were all present when the blowe or blowes were pretended to be given, (and who offered their oaths, but that I held the complaint to be so meane and trifling as not to deserve an oath) that the Captain did not strike her, but gave her some little clapps on the arme by way of admonition. Of which witnesses Cotham's wife named in the petition was one, and one Walter Glasse (whom I had long known for an honest and credible man) was another. For the other two women named in the petition, to my best remembrance Elizabeth Frickley did also say she saw noe blowes given; but for Mary Westwood I cannot remember on which side she gave her testimony. Upon the whole matter I conceived the prosecution to have in it more malice, then just cause of complaint. All which I humbly leave to your lordship's grave consideration. May it please your lordship, I do further remember that Cotham wive's words were that the clappes which the Captain gave to Hustler's wife would not have hurt a childe; and these words were spoken, as I take it in the presence of Mr Bosden and Mr Delaval'.

Signed by Lawrence Whitaker on 16 May 1640.

15/4c, Petition by Sibthorpe [damaged]

'Your petitioner hath two causes depending in your lordship's Court Military one against one Hurstler, the other against one Cotham, who have both pleaded their defence, and produced each other and their wives, a maid servant of Hurstler and Hurstler's wive's sister, for theire proof thereof, against which witnesses your petitioner could in a legal way in your lordship's court have pleaded just exceptions to have taken of their testimony, especially your petitioner could have alleged that the witnesses (in deposing that he gave the first offence by whooping, hollowing, leaping and the like in a roome of Hurstler's house, just over Hurstler's kitchin) have therein deposed falsely, for that your petitioner had not any such lodging in Hurstler's house over his kitching.

But your petitioner being very speedily to attend his Majestie's service in the north was contented to have his cause concluded and finally heard the next court day. But finding now that the witnesses have deposed that which he never expected or believed they would have deposed, he humbly prayeth your Lordship to grant him that favour that some gentlemen by your lordship's appointment may before your next court, inspect Hurstler's house, and the lodgings your petitioner then held of Hurstler, that the falsitie of his witnesses may be thereby discovered.'

'His Lordship is pleased to appoint Mr John Warde and Mr John Griffith to view the roomes therein menconed, and to observe whether the peticoner's lodging wherein he lay be directly over the kitching of that house, and whether the shop be not directly under it, and to certifie his Lordship the certaintie of both.'

Signed by ?Nic: Herman?

[Overleaf]

Report signed by Warde and Griffith [too badly damaged to make sense]

No date [May 1640].

15/4t, Plaintiff sentence against Cotham [damaged]

That 'Henry Sibthorpe was a stinking base captaine and that he would fight with him when he could'.

Spaces for sums not filled in

Signed by William Merrick.

15/4h, Defence sentence for Cotham

Spaces for sums not filled in

Signed by Thomas Eden.

17/1m, Defendant's bill of costs for Cotham [damaged]

Michaelmas term, 1639: £5-2s-0d

The rest too damaged.

Summary of proceedings

Dr Merrick acted as counsel for Sibthorpe and Dr Eden for Hursler and Cotham. On 4 February Dr Eden responded to the libel and Dr Merrick produced two of Sibthorpe's witnesses, Margaret Bransby and Walter Glasse, for examination upon the libel.

Notes

None of the litigants appeared in the visitations of London. Henry Sibthorpe of Newcastle-upon-Tyne was a professional soldier who returned from Europe in 1639 and served as a major in the Second Bishops' War in 1640. He continued as a major in the royalist army, serving under Sir William Widdrington, until surrendering at York in 1644. The justice of the peace mentioned in the case, Lawrence Whitaker may have been the later MP and parliamentary diarist.

P.R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 342; British Library, Additional MS 31116, 'The parliamentary journal of Lawrence Whitacre, 1642-1647'.

Documents

• Initial proceedings
  • Petition: 2/64 (4 Jan 1640)
  • Plaintiff's bond: 2/65 (4 Jan 1640)
  • Libel against Hursler: 15/3b (no date)
  • Libel against Cotham:15/3e (no date)
• Plaintiff's case
  • Defence interrogatories for Hursler: 14/3bb (no date)
  • Defence interrogatories for Cotham: 14/3u (no date)
• Defendant's case
  • Defence depositions for Hursler: Cur Mil 1631-42, fos. 88-97, 116-8, 120 (4-9 May 1640)
  • Defence depositions for Cotham: Cur Mil 1631-42, fos. 121-8 (11 May 1640)
• Sentence / Arbitration
  • Petition by Sibthorpe and certificate from Justice Whitaker: 15/4y (13, 16 May 1640)
  • Petition by Sibthorpe: 15/4c (May 1640)
  • Plaintiff's sentence against Cotham: 15/4t (no date)
  • Defence sentence for Cotham: 15/4h (no date)
  • Defendant's bill of costs for Cotham: 17/1m (no date)
• Proceedings
  • Proceedings: 1/10 (4 Feb 1640)
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Bosden, Mr
• Bransby, Margaret, servant
• Caroll, Mr, minister (also Carroll)
• Cotham, Lettice
• Cotham, Philip, tailor
• Delaval, Mr
• Eden, Thomas, lawyer
• Frickley, Elizabeth, servant
• Glasse, Walter
• Griffith
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hursler, George (also Hustler, Hurslowe)
• Hursler, Rebecca (also Hustler, Hurslowe)
• Johnson, Mrs
• Marten, Henry, knight
• Merrick, William, lawyer
• Rainshawe, John (also Rainshaw)
• Sibthorpe, Henry, esq
• Spence, Alexander, servant (also Spens)
• Stuart, Charles I, king
• Terrick, Humphrey
• Warde
• Westwood, Mary, spinster
• Whitaker, Lawrence, gent (also Whitacre)
• Widdrington, William, knight

Places mentioned in the case

• Berkshire
  • Reading
• Ireland
• London
  • St Andrew's Holborn
• Middlesex
  • Covent Garden
  • St Martin-in-the-Fields
  • Westminster
• Northumberland
  • Newcastle-upon-Tyne
  • Scotland
• Surrey
  • Southwark
• Worcestershire
  • Claines
• York
• Yorkshire, West Riding
  • Cowick
  • Gildersber

Topics of the case

• apparel
• assault
• Bishops' Wars
• comparison
• denial of gentility
• giving the lie
• justice of the peace
• military officer
• office-holding
• other courts
• provocative of a duel
• royalist
• royal servant
• scatological insult
• threatened violence
• violence against women