91 Callow v Heane

91 CALLOW V HEANE

Rowland Callow of Llandogo, co. Monmouth, gent v Walter Heane of Littledean, co. Gloucester

January 1635 - January 1637

Abstract

The initial quarrel took place at the alehouse of Thomas Hopkin at Brockweir, Gloucestershire on Tuesday 23 September 1634. Callow's father, Anthony, had assumed the wardship of Heane's nephew, James Heane, and the two men made a £10 wager over whether a Mr Morse had earlier withdrawn his suit for this. They started to argue, with Callow alleging that Heane said that 'the Heanes were as good men or better' than the Callows and challenging him 'to do what he durst do with four severall weapons.' According to Heane's version, Callow called him 'base rogue' and 'villaine', declared 'he would have Heane's hart's blood' and then tried to grab his sword, pulling it half out of its scabbard and severing his own finger in the process.

A number of other quarrels revolved around this central flashpoint. Heane tried to claim that Anthony Callow had been obliged to make a disclaimer at the Gloucestershire Visitation of 1623, but Rowland was able to produce several witnesses testifying that he had long been 'reputed and termed to be a gentleman' and that the person who had disclaimed was an Anthony Caylocke. Callow accused Heane, who was a local process server and bailiff for the hundred of St Briavels under Sir Richard Catchmay, of failing to present Catchmay's brother William for trespass under the forest laws. Callow had already brought an action against William in Star Chamber for cutting down and carting away wood from the Earl of Pembroke's estates in the area which had been granted to him, claiming that this constituted a 'riot'. Catchmay's explanation was that he was simply testing Pembroke's title to the woods. The two men ended up arguing in front of other gentry at the taking of defence depositions at St Briavels, with Catchmay admitting to having given Callow the lie after extreme provocation. Callow also had the two aged local constables, Richard and William Williams, who had presented him to the hundred court, arrested by pursuivants from the Court of Chivalry. They appealed to Sir Richard Catchmay and another senior local gentleman, Sir John Wynter, and secured their release after payment of £7-10s. each to Callow in settlement.

Heane attempted to discredit Callow's chief witnesses as 'infamous and of no credit'. John Morgan he accused of taking bribes as a process server for the court of the Council of the Marches and living incontinently with a woman in Ireland. John Cutts was said to be the keeper of an unlicensed alehouse and a drunkard. For his part Callow accused Heane of interrupting the testimony of his witness John Smith when he appeared before the Court of Chivalry in London on 4 May 1635 and threatening to 'lay [him] safe enough' when he came home.

Proceedings on the case were under way by January 1635 and the first set of depositions was taken on Callow's behalf at the inn of George Morrell in Monmouth on 2 March 1635, before a commission headed by Charles Herbert and Richard Braine gents. Heane put in his answer in May 1635 and his defence witnesses appeared at the inn of Henry Martin in St Briavels on 2 September 1635 with William Carpenter and John Adeane, gents, heading the commission. There was then a second set of depositions taken on Callow's behalf at St Briavels on 8 January 1636 at the inn of Thomas Edwards.

Sentence was appointed to be heard on 9 May 1636, but in June the cause was referred to the arbitration of Sir Robert Cooke, Rowland Scudamore and John Tipper, esqs. The latter two were still negotiating to end the quarrel in November 1636 and 28 January 1637 was therefore appointed to hear the sentence if no agreement had been reached. The absence of a final sentence or submission makes the result uncertain; but this case was merely part of a lengthy ongoing struggle between the two men which prompted William Catchmay to suggest that they settle their differences by seeing 'which of them could leap furthest into the River of Wye'.

Initial proceedings

7/61, List of names and grant of process

No date.

The names of those that challenged and wounded Rowland Calowe at Llandagoe in co. Monmouth:

Walter Heane of Littledean

William Williams

Richard Williams of Brockweir

James Margetts

John Cutt yeoman

Process to the messenger was granted upon the motion of Doctor Duck, Thursday in court.

11/31b, Libel

Callow's family had been ancient gentry for up to 200, years, while Walter Heane's family were of plebeian stock. Callow was provoked by Heane in September and October 1634 at Brockweir, in co. Gloucester.

Dated 24 January 1635.

Signed by Arthur Duck.

Plaintiff's case

7/58, Nomination of commissioners by plaintiff

24 January 1635

Charles Herbert, gent, William Jones, gent, Richard Braine, and William Gardiner, gent, to meet in the inn of George Warrell in Monmouth, co. Monmouth.

2-4 March 1635

Then in a different hand are added four more names:

Sir Richard Catchmay, knight, William Bell, gent, James Hawkins gent, John Tipper gent.

11/31a, Letters commissory for the plaintiff

Addressed to commissioners Charles Herbert, William Jones, Richard Braine and William Gardiner, gents, and also, Sir Richard Catchmaye, knt, William Bell, James Hawkins and John Tipper, gents, to meet in a cause of injurious words provocative of a duel, at the inn of George Worrell in Monmouth, co. Monmouth, from 2 to 4 March 1635.

Gilbert Dethick assigned William Rawe as notary public.

Dated 24 January 1635.

Signed Gilbert Dethick.

11/31e, Defence interrogatories

1. Had Heane entered a suite against Callow in the Court of Common Pleas or some other court during last Michaelmas term for striking him and drawing blood of him? Was that suite still depending?

2. Was a verdict passed against Callow for assaulting Heane 'at the King's hundreth Court holden at St Briavells Castle in the County of Gloucester' on 6 October last?

3. Where and in whose presence were Heane's words spoken to Callow of 23 September, 'and upon what occasion, and lett such witness sett downe all speeches that passed before and after such words as he shall depose'.

4. Did Callow call Heane 'base rogue, villaine and or any other names', and did he say 'he would have Heane's hart blood'?

5. Did Callow strike Heane and draw blood 'and bite through one of Heane's eares with his teeth, and bite off a piece of Heane's eare'?

6. Did Callow begin the quarrel 'afore any violent word or action used by Heane', by saying 'Gods blood what canst thou do to me, I will have thy sword from thee, and thereupon forthwith Callowe laid his hand upon Heane's sword, and strove with him for his sword and plucked it halfe out of the scabberd'?

No date.

Signed by Thomas Eden.

11/31c, First set of plaintiff depositions

Taken before commissioners Richard Brayne, William Gardiner, Charles Herbert and William Bell, on the 2 March 1635, in the inn of George Worrell in Monmouth, co. Monmouth.

(Witness 1), Anthony Callow of Deane Magna, co. Gloucester, gent, aged about 68

To Callow's libel:

He and his father had been styled gentleman. He had seen deeds in which his grandfather and great grandfather were styled gentleman. About 7 years ago the heralds' commissioners kept a visitation in co. Gloucester where 'he was called and appeared and declared his armes and had them approved of'. He was the plaintiff's father. Walter Heane and his father were 'never accompted to be gentlemen nor other but ordinary country people'. For the last 7 years Walter Heane 'hath usually served process and other warrants and within these twelve months last past hath been and is baylife of an hundred.'

To Heane's interrogatories:

1. He heard 'Walter Heane did in Michaelmas terme last past sue Rowland Callow at Lundon for a pretended batterie which suite for ought he hath heard it doeth still depend.'

Signed by Anthonye Calowe and commissioners Brayne and Gardiner.

(Witness 2), Edward Jennings of Deane Magna, co. Gloucester, glover, aged about 60

To Callow's libel:

He had known Rowland Callow and his father Anthony for 36 years 'and that during all that tyme they were commonly and generally reputed and taken to be gentlemen'. He had heard Anthony Callow 'called to appeare at an assises termed and called gentleman'. He never knew Walter Heane or any his ancestors termed or reputed to be gentlemen. He had heard 'Walter Heane hath commonly executed warrants and process for other men'. About 14 years ago Heane executed a warrant and arrested him 'at another mans suite *Mr James ?Savorys? suite*.

Signed by Edward Jenyngs and commissioners Gardiner, Bell and Brayne.

(Witness 3), Robert Ellice of Deane Magna, co. Gloucester, victualler, aged about 54

To Callow's libel:

He had known Rowland Callow and his father Anthony for 18 years, 'during which tyme he hath knowne them to be commonly reputed and termed to be gentlemen'. He had heard Anthony Callow 'called to appear at assises, quarter sessions, leets and other meetings and heard him called, stiled and termed Anthony Callow gentleman'. He never knew 'Walter Heane or his ancestors reputed or termed gentlemen'. About last Michaelmas Rowland Callow came to him for 'chuirurgerie and shewed him his hand whereon he had an hurt on the little finger and a scarr on the finger next to it, and he saith that the bone of the little finger was scaled and could not be cured, but that the scale must be by force pulled off or by corraisive plaister eaten off'. Then Rowland Callow told him that Walter Heane had given him the wound.

Signed by Robert Ellice [his mark] and commissioners Bell, Brayne and Gardiner.

(Witness 4), John Morgan of Deane Magna, co. Gloucester, maltster, aged about 28

To Callow's libel:

He had known Rowland Callow and his father Anthony for about 10 years, 'during which tyme they were commonly reputed and taken to be gentlemen'. He had known Heane for about 7 years 'and that he never knew him accompted to be a gentleman'. In September 1634 in Thomas Hopkin's house in Brockweir he heard Heane say to Callow that he 'did speak base words and did lye', and that Heane challenged Callow 'to fight with him with any four severall weapons that Rowland should choose or durst to his remembrance, and he saith that Rowland Callow had not then any weapon about him, and he saith that Walter Heane did then draw his sword out of the scabbard and did strike Rowland Callow and cutt his little finger so much that it hanged downe', and Morgan 'was fayne to splint it up; and had done him further hurt if the company had not stopped and prevented him, by which Rowland Callow has lost the use of his finger... Saving that when Hearne had so hurt Callow', Morgan 'did take the sword from him and carried to another house, and returning found Heane beating Callow in the street with his fist so much that his eyes and face were verie sore, and he lyke to swound; and he was putt into a chaire, and had aquavite given him.'

Signed by John Morgan and by commissioners Brayne and Gardiner.

To Heane's interrogatories:

1. He had heard 'that there was a matter in St Brevells court between Heane and Callow.'

3. There were present in the room in Hopkins's house: 'William Catchmay gent, John Cutt, John Haynes and two named Williams whose Christen names he taketh to be Richard and William. And he saith that the difference then grew betwixt Rowland Callow and Walter Heane upon a wager about money proferred by one Morse to Rowland Callow as he said to forbear to prosecute one Heane to be a ward. Other speeches he remembereth not.'

5. 'After Heane had hurt Callow, as is predeposed of, Callow did bite Heane by the eare that it did bleed.'

6. He 'did not heare Rowland Callow swere or speake the *words* interrogate, or did strive to take Heane's sword; but when Heane endeavored to draw out his sword Callow did put his hand upon Heane's belt thinking to stop Heane as [he] conceiveth, but could not hinder him.'

Signed by John Morgan and by commissioners Bell, Brayne and Gardiner.

(Witness 5), Blanche Browne of Brockweir, co. Gloucester, widow, aged about 40

To Callow's libel:

She dwelled near Hopkins's house in Brockweir, and 'one day, happening about Michaelmas last past, heard a great noise in Hopkin's house, and went hither to see what the matter was, and found there Walter Heane and Rowland Callow; and Rowland Callow's finger cutt that it did hang downe. And then Heane went thence into another alehouse and when Heane was gone thence, Callow went forth with an intention to go to his owne house as [she] conceiveth. and, when he was in the street, Heane came also into the street and tooke up a great stone with an intention to throw it at Callowe as [she] conceived. and thereupon [she] called to Heane, and willed him to forbeare to throw the stone, it was too big to throw. And she also saith that then Heane went to Callow and did buffet him on the face with his fist that his face therewith brused and grew black and blew.'

Signed by John Morgan and by commissioners Bell, Brayne and Gardiner.

(Witness 6), John Cutt of St Briavels, co. Gloucester, waterman, aged about 50

To Callow's libel:

He knew Callow 'ever since he was married to his now wife, and for some tyme before, during which tyme Rowland was and is accompted to be a gentleman'. He never knew Heane accounted to be a gentleman. One day just before last Michaelmas he was in the house of Thomas Hopkin in Brockweir, co. Gloucester, with Heane and Callow, where he heard Heane say to Callow that Callow lied. He also heard Heane challenge Callow 'to do what he durst do *with him* with four severall weapons if he durst. And he saith that Rowland Callow had not then any weapon. And he further saith that Heane then and there did drawe out his sword and did there with strike Callow and cutt one of Callowe's fingers that it hanged downe.'

To Heane's interrogatories:

3. When 'Heane did speake the words deposed of to Callow there were present Mr William Catchmay, John Haynes, John Morgan, John Williams, and others whose names he now remembreth not. And he saith that Heane and Callow did begin to fall out about a warde; and he saith that he doeth not remember any other words spoken by Heane and Callow then he hath formerly deposed of.'

4. He had not heard Callow speak 'any of the words interrogate' to or of Heane.

5. Rowland Callow did bite Heane by the ear and made it bleed.

6. He did not know who started the argument nor remembered Callow 'swear or speak any the words interrogate to Heane, but 'Callow did then and there put his hand on Heane's belt before Heane did plucke his sword out of the scabberd... saving that Callow before he was so wounded went to the door and tooke an hollying sticke in his hands.'

Signed by John Morgan and by commissioners Herbert, Bell and Brayne.

(Witness 7), Giles Herbert of Hadnock, co. Monmouth, aged about 52

To Callow's libel:

He had known Rowland Callow and his father Anthony for 40 years 'during all which tyme they were and are commonly reputed and taken to be gentlemen.'

Signed by Giles Herbert and by commissioners Herbert, Bell and Brayne.

(Witness 8), Thomas Evans of Trelleck, co. Monmouth, barber-surgeon, aged about 30

To Callow's libel:

He had known Callow for 4 years 'and in that tyme hath heard him called Mr Callowe and taketh him to be reputed a gentleman'. He did not know Heane. About 23 October last he was sent for to come to Callow's house at Llandogo, co. Monmouth where he saw Callow's wounded finger and was desired to cure it. He searched the wound 'and was faine to take a bone out of it; and a weeke after he did take another bone out of Mr Callowe's finger.'

Signed by Thomas Evans and by commissioners Herbert, Bell and Brayne.

(Witness 9), John Haynes of Brockweir, co. Gloucester, seaman, aged about 46

To Callow's libel:

Last September he was in widow Hopkin's house where he heard Heane say to Callow 'I dare doe what I dare', and that Callow had no weapon. But Heane, 'having his sword in his hand drawne, did reach over [his] shoulder and strake at Callow, and cutt his finger so that his finger did hang downe. and [he] and one John Morgan did take the sword from Heane.'

To Heane's interrogatories:

1. 'There was some question made at St Brevells Court of bloodshed' between Heane and Callow'. He was then present but did not know of any verdict.

3. Mr William Catchmay, William Williams, Richard Williams, John Morgan, and John Cutt were present and 'that the occasion of the falling out of Heane and Callow was about the wardship of one but of whome he knoweth not, and he doeth not remember any other words spoken by Callow to Heane or by Heane to Callow at the tyme predeposed.'

4. As witness 6.

5. As witness 4, and that Callow's mouth was 'full of blood.'

6. That 'at the first Callow did pull Heane from the forme.'

Signed by John Haines and by commissioners Gardiner, Bell, and Brayne.

(Witness 10), John Williams of Hewelsfield, co. Gloucester, butcher, aged about 58

To Callow's libel:

Just before last Michaelmas in Brockweir, co. Gloucester, he 'heard a great noyse in the house of one Hopkin there; and went thither and saw there Rowland Callow with his finger cutt and hanging downe, and one John Morgan taking a sword from Walter Heane'. He then heard John Morgan say to Walter Heane that Heane had done hurt enough, and that he would take his sword from him. and John Morgan did take the sword and carried it to another house'. Then he saw Heane beat Callow 'with his fist on the face that he bruised and hurt his face in the street there.'

Signed by John Williams [his mark] and by commissioners Gardiner, Bell and Brayne.

(Witness 11), James Perry of Deane Magna, co. Gloucester, cooper, aged about 60

To Callow's libel:

He had known Callow since Callow was an infant, and had known his father for 40 years, and that both 'were and are commonly and generally reputed and taken to be gentlemen'.He 'knoweth not whether Walter Heane or his ancestors be or ever were gentlemen or so accompted.'

Signed by James Parry and by commissioners Gardiner, Bell and Brayne.

(Witness 12), William Worrall of Deane Magna, co. Gloucester, cooper, aged about 50

To Callow's libel:

He had known Callow and his father Anthony for 40 years, and 'during all that tyme they have bene and are comonly termed and reputed to be gentlemen and did marry gentlewomen.' He never knew Heane or his ancestors reputed to be gentlemen. He had known Heane for about 20 years had been an 'executer of process and other warrants and to arrest men at other mens suits.'

To Heane's interrogatories:

1. Rowland Callow had told him that 'Heane did commence a suite against him.'

Signed by William Worall [his mark] and by commissioners Gardiner, Bell and Brayne.

(Witness 13), Thomas Morse of Littledean, co. Gloucester, butcher, aged about 40

To Callow's libel:

He had known Callow and his father Anthony for 30 years, during which time they 'have been commonly reputed and termed gentlemen'. He never knew 'Walter Heane or his ancestors termed gentlemen though he knew them especially Walter Heane for the greate parte of his life.'

To Heane's interrogatories:

1-2. He had heard that 'there was a jurie in pannellam in the Court of St Brevell's interr. betweene Callow and Heane; but how it passed he knoweth not.'

Signed by Thomas Morse and by commissioners Gardiner, Bell and Brayne.

11/31d, Notary public's certificate

Certificate in Latin signed by William Rawe, notary public that the above examinations had been completed and were now being returned.

Notary's mark.

6 March 1635.

9/4/8, Affidavit of John Smith

Endd. 30 May 1635:

'Which day appeared personally John Smith of Brockweir, Gloucs., yeoman, aged 57 yeares or thereabouts, and bye virtue of his corporall oath now taken made faith that upon the fourth day of May last past, hee being in the house of Mr Gilbert Dethick, Register of the Court of the Earl Marshal, and there being in examinacon as a witness in a cause depending in the court betweene Rowland Callowe gent, and one Walter Heane'. Heane entered the office 'in a rayling manner' and interrupted Smith's examination, saying to him that Smith 'was come to sweare against him, and that hee would sweare any thing for three pence, and would not sease from his rayling speeches untill [Dethick] bid him hold his pease and begon forth of the house'. As Heane departed, he said to Smith: 'I will talk with you when you come whome [sic] and will lay you safe enough.'

Jur. 6 May 1635 Ro Ro...?'

Defendant's case

Acta (5), fo. 239, Personal answer

1. About 7 years ago the heralds' commissioners kept a visitation in co. Gloucester where Heane was called and appeared and declared his arms and had them approved.At the same visitation Anthony Callow 'was publiquely disclaimed for being a gentleman, and was forbidden the wearing of Armes as a gentleman or using the name or addition of a gentleman.'

2. Walter Heane was with Rowland Callowe at Thomas Hopkin's house in Brockweir, co. Gloucester, 'beinge an alehouse', in the presence of John Morgan, John Cutts and John Haynes, only on Tuesday 23 September 1634, 'and not upon a Monday' as John Smith, one of Callow's witnesses deposed. Others present were William Catchmay, gentleman, brother to Sir Richard Catchmay, Richard Williams and William Williams, 'and divers other persons of good creditt and reputation, whome Callowe hath omitted to produce for witnesses in this pretended cause.'

3. William Catchmay, Richard Williams and William Williams would depose that before any violence, word or action passed from Heane, Callow did call Heane 'base rogue and villaine' and said 'he would have his hart blood', and said to Heane: 'God's blood what canst thou doe to me, I will have thy sword from thee'. Then Callow laid his hand upon Heane's sword 'and strove with him for it, and plucked it half out of the scabbard.'

4. Callow struck Heane and drew 'blood of him, and bitt through one of Heane's eares with his teeth, and bitt of[f] a piece of Heanes eare.'

5. 'John Morgan and John Cutts whome Callowe hath chosen out of all the company to produce for his witnesses in this cause, are infamous people and of no credit and soe reputed. and John Morgan within these 3 or 4 yeares last past, for a time his dwelling in Michaeldeane in Gloucestershire and went into Ireland with the wife of one Thomas Mutley in Michaeldeane, and there they lived and staied together for almost a yeare, to the greate scandal of the neighbourhood in those partes. And John Cutts is, and hath bine for theise 12 months last past, a keeper of an unlicensed alehouse, a common drunkard and soe reputed, and he hath bine within theise two or 3 yeares last past often seene starke drunke in Brockware and other places neare thereunto.'

6. John Morgan was accounted a great enemy to Heane, and on 23 September last Morgan joined with Callow in beating Heane. Before this suite began in this court, Heane was suing Morgan for wronging and beating him, in the Court of Common Pleas, where the cause was still depending.

Dated 30 May 1635

Signed by Thomas Eden.

R.19, fo. 11r, Summary of personal answer

'The defendant by way of exception to the libel of Rowland Calowe, sayes that Anth. Callowe, father of Rowland and examined as a witness, has deposed that at the Visitation of the Heralds commissioners in com Gloucester about 7 yeares past, he appeared and declared his armes and had them approved of, which he sayes is false, and that Callowe was publiquely disclaimed for being a gentleman, and forbidden the wearing of armes as a gentleman. And says that before any violence word or action passed from Heane, Callow did call him base rogue and villaine and struck him, and bitt through one of his eares, and bitt a piece off andc. And excepts against the witnesses as infamous, and prayes to have right and to be dismissed with a salve of his right.'

1635

No signature.

9/4/9, Plaintiff's interrogatories of Heane

1. To be asked of Heane whether he was present when John Smith was produced and sworne in the court 'to testify the truth on his oath betweene Mr Calloe and Walter Heane, without any respect or favour or hatred to either party'?

2. To be asked of Heane whether on 4 May last or thereabouts he came into the office of the Register of the court while Smith was being examined and whether he did 'disturb and interrupt aswell the notarie that examined Smith as also Smith himself by invective, raylings and disgracefull speeches uttered against Smith, telling him that he had come 100 miles to sweare against him, and that Smith would sweare anything for three pence, or words to that effect'?

3. To be asked of Heane whether 'did not the register of this court, or the notary that was examining Smith (when Heane interrupted the examinacon...) bidd Heane hold his peace and leave off these rayling speeches and bidd him be gone forth of the house...and did not you then beginne to threaten Smith, say these or the like threatening wordes to or of Smith, viz. Well, I will talk with you when you come home, and then I will lay you safe enough'?

Introduced 8 June 1635.

Signed by Arthur Duck.

7/78, Names of defendant's commissioners

Commissioners names for Heane:

Jo: Stratford of Walford, co. Hereford, esq

William Carpenter of Coleford, co Gloucester, gent

Jo. Adeane of Awre, co. Gloucester, gent

William Wargent of St Briavels, co. Gloucester, gent

To be spedd at St Briavels upon the 2, 3, or 4^th of September next. Hen Martin

Comrs alios vocat p Callowe.

Acta (5), fo. 238, Letters commissory for the defendant

Addressed to commissioners John Startford, esq, William Carpenter, gent, John Adeane, gent and William Wargent, gent, and also, Charles Herbert, William Jones, Richard Braine and William Gardiner, gents, to meet in a cause of scandalous words provocative of a duel, from 2 to 4 September 1634, at the inn of Henry Martin, in St Briavels, co. Gloucester.

Dated 9 June 1635.

No signature.

Acta (5), fos. 231r-237r, First set of plaintiff's interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witnesses' age, occupation, place and condition of living for the plast seven years? How did they know the parties?

2. 'What he is worth his debts paid and whether he be a subsidie man'?

3. At whose request did he testify and what had he been given for doing so?

4. Had he been taught how to depose and by whom?

5. Did he know Anthony Callow, for how long, and for how long had Callow been reputed a gentleman?

6. Whether he knew Anthony Caylock of Minsterworth, co. Gloucester 'and whether he doth knowe, believe or have crediblie heard that Anthony Caylocke hath been disclaimed to be a gentleman by the heraulds of Armes in their visitacon'?

7. Were any of the witnesses poor people who had been accused of misdemeanours, and were any of them 'capitall enemies or such as beare ill will of and against the partie against whome they are produced'?

8. Did he know 'Gyles Herbert esq, Anthony Callowe, gent, James Perrye, Edward Jennings, William Worrell, John Morgan, Robert Ellice, Blanch Browne, John Haynes, John Williams and Thomas Morse witnesses sworn and examined on the behalf of Mr Callowe; whether they all some or one of them [have] bene and now are honest men, and such as will not forsweare themselves before a magistrate, and soe reputed and taken'?

9. In case the witness deposed that John Morgan went into Ireland, they were to be asked 'whether he tooke his wife with him, and alsoe his brother in lawe and his wife, and whether he went thither to live and inhabit and did he afterwards returne and came and doth he nowe dwell in his owne country againe'?

10. 'Whether John Cut be servant unto Sir Richard Catchmay, a Justice of Peace and quorum; and whether Richard doth give way that Cutts shall sell ale; and whether Cutts hath bene complained of or indicted at the generall sessions for the county where he lives for the selling ale without licence or for a common drunkard; and how often within these three years last'?

11. 'Whether Thomas Hopkins went beyond the seas and continued there for some tyme; and whether he hath heard it reported he was deade; and whether after the reporte Joane Hopkyns his wife was called by the name widow Hopkins'?

12. 'Whether there hath been suite or difference betweene this witness' and Callow? 'How grew the same and whether the same be yet ended'?

13. 'Whether did you at any time hold Mr Callowe while Heane or any other stroke him; or what other wronge have you done to Mr Callow'?

14. 'Have you referred the ending of any differences between you and Mr Callowe to the ending of some gentlemen; have you entered bond to stand to their award; have you been acquainted therewith; are you thereby ordered to pay vii^li x^s to Mr Callowe for some wrong done by you to him; what was wrong and when was it committed; have you submitted yourself to the award and performed the same'?

15. Whether the witness was at Hopkin's house in September 1634 and was Callow there? 'When you came thither, did you go into the roome where Mr Callowe then was; were you sent for by Mr Callowe to come to him; and by whom or what caused you to goe into his company?'

16. 'Did you heare Heane challenge to fight with Mr Rowland Callowe at Thomas Hopkin's house in the month of September 1634; did you then and there see Walter Heane strike Mr Callowe and cut his finger; was Callowe's finger then cutt and did it hange downe; and did Mr Callowe then and there cry out and say that Heane had maimed him; and did you howld Callowe when he was soe hurt'?

17. 'Whether he be of kindred, servant or indebted to Heane, or any wayes imployed by him'?

18. 'Were you promised by Walter Heane at any time since this suite now depending between him and Mr Rowland Callow; and since you and your brother payed Mr Rowland Callow xv^li by an award now produced and shewed to you at the time of your examination, that if the cause now depending between Heane and Mr Callow should happen to passe with Heane against Mr Callow, wherein you should be examined as a witness for Heane, that Heane would repay you the xv^li ? Declare what promise Heane made to you and what words or speeches did pass between you, touching the matter.'

19. 'Were you talking with Mr Callow in the Earl Marshall's court concerning a bond which you entered into unto the messenger for your appearance in the courte; did Heane then call you from Mr Callow and take you by the arme and leade you from him; and would not suffer you to talke with him? Declare what words and premises he then made or used to you or in London or elsewhere concerning the matters in question.'

20. 'Is Walter Heane servant unto Sir Richard Catchmay knight or bayleyf under him; and hath Sir Richard and Heane or either of them had any speech with you concerning the suite betweene Heane and Mr Callow; what advise or counsel did Sir Richard advise or command you and Heane to take against Mr Callow; and did he wishe you to sue him, Mr Callow, in St Breavells court or at the comon lawe or elsewhere'?

21. 'Did Sir Richard in your behalf, or in the behalf of Heane, speake unto Sir John Wynter knight, or complain that Mr Callow did sue Sir Richard's servants. And for what cause did Mr Callow sue them, or any of them, and whom by name; and did he sue Sir Richard, and Thomas Munden, James Margaret and Lewys Hopkyns, his servants, for debte or trespass, and when and longe sithence'?

22. 'Doth or did Sir Richard Catchmay or William Catchmay gent, his brother [give] to you any money, and what some or somes, and when and how long since; and do you know, or have you heard, that Mr Callow lately sued William Catchmaye for money or proporcons due to the children of Mr Callow's wife, being 360^li or thereabouts. Whether Mr William Catchmay had received from one Francis Bradford. And did you heare Mr Catchmay and Rowland Callow fall at difference and contencious words concerning the same; when and where and in whose presence and in what manner was the same. And did Calow thereupon depart out of Mr Catchmay's company'?

23. Whether 'Mr Catchmay hath within the one year now last past fallen or cutt down much wood out of a parcel of wasteland, heretofore granted by the right Honorable the Earle of Pembroke and Montgomery, to Rowland Callow; or hath promised divers persons, and whom and how many, to take and carry away divers cords of wood therehence, being there cutte and corded upp by Rowland Callowe, and doth Callow now sue Mr Catchmay and others for the same in the Starrchamber'?

Lastly. 'Whether doe you knowe John Cutt and John Smithe witnesses sworne and examined on the behalf of Mr Callowe; whether have they all some or one of them beene and nowe are honest men and such as will not forsweare themselves before a magistrate, and soe reputed and taken'?

No date.

No signatures.

Acta (5), fos. 203-229, Defence depositions

Taken before commissioners William Carpenter of Coleford, co. Gloucester, gent, John Adeane of Awre, co. Gloucester, gent, William Wargeant of St Briavels, co. Gloucester, gent, and William Gardiner of Whitchurch, co. Monmouth, gent, between 9am and noon on 2 September 1635 in the house of Henry Marten at St Briavels, co. Gloucester, with Arthur Jones notary public.

fos. 209r-212r (Witness 1), William Catchmay of Tintern, co. Monmouth, gent, born at Cowhorne [Great or Little Cowarne], co. Hereford, aged about 70

To Heane's defence:

1-2. Heane was with Callow at Hopkin's house 'but whether that was upon the Munday, or upon the Tuesday he remembreth not, neither knoweth whether they were ever at the place more than once'. There were also present John Morgan, John Cutts, John Haynes, Richard Williams and William Williams 'and as he remembreth the woman of the house, one Joane Hopkin, with other people of the house whose names he remembreth not'. He was not produced as a witness on Callow's behalf, 'and believeth also that Joane Hopkin, Richard Williams and William Williams were not produced as witnesses in this cause by Roland Calloe.'

3. Callow and Heane 'fell in talke about a warde which Heane sayd was his brother's sonne, and at length Callow and Heane layd a wager of two peeces of golde each of them one peece against the other, vizt: Callowe layd that one Mr Morse, whose christian name he knoweth not, should speake to Callowe to forbeare to goe on in the business against the warde, and Heane layd that Mr Morse did never speake to him thereupon; whereupon they fell at fowle termes, and Callowe being heate in the pate called Heane base fellow with other opprobrious words... but saith that he heard Callowe speaking to Heane swearing, By Gods blood what canst thou doe? I will have thy sword from thee, and thereupon layd his hande upon Heane's sword and strove with him for it, and plucked it partly out of the scabberd, and pulled Heane from the table where he was then sitting.'

4. Callow did 'strike at Heane with a hedgbill, but whether he did hitt him or drawe blood of him he knoweth not. And further sayth that when the bill was taken out of Callowe's hande Callowe rann upon Heane and with his teeth bitt of a peece of Heane's eare.'

5. John Morgan and John Cutts 'are lewd paltry fellows and soe reputed.'

6. Morgan was a 'greate enimy to Heane'. At the time of the affray, Morgan did his best to prevent Callow from hurting Heane.

Signed by William Catchmaye and the commissioners Carpenter, Adeane, Wargeant, and Gardiner

To Callow's interrogatories:

2. 'He is a subsidy man, and able to pay every man his owne.'

3. 'He was served to appear before the commissioners by Walter Heane, who left a ticket at his house, and twelve pence in money for the defraying of his charges, and sayth that he hath nothing else given or promised him for his testimony in this cause.'

5. He had known Anthony Callow for about 40 years, 'during which tyme he hath some tymes heard him called Mr Callowe, and sometimes Anthony Callowe.'

8. He knew Giles Herbert esq, Anthony Callowe gent, 'and sayth that they are honest men and such as will not forsweare themselves before a magistrate... and also believeth that Robert Ellice, Blanch Browne, Thomas Yeavans, John Haynes and John Williams are likewise honest people and such as will not forsweare themselves before a magistrate. But sayth that he verily believeth that John Morgan is a dishonest man and one that will forsweare himselfe before a magistrate.'

10. John Cutt 'is not to his knowledge servant to Sir Richard Catchmay knight.'

11. Thomas Hopkin 'went beyond the seas and there continued for some tyme; and he hath heard it was reported that Thomas Hopkins was dead and further sayth that he never heard that Joane Hopkins was called by the name of widow Hopkins.'

12. He had 'noe suite depending against Roland Callowe, neither knoweth of any suite that Roland Callowe hath against' him.

13. 'He did the best he could to keep Callowe and Heane asunder.'

15. He was with Callow and other companions 'at a place called Ithellsweare' [Coed-Ithelweir] from where they went to Hopkin's house, where he stayed to deliver a mare which Walter Heane had lent him to ride upon from Coed-Ithelweir to Thomas Hopkin's house.

17. In September 1634 Callow's 'finger was cutt and did hange downe in the house of Thomas Hopkyns where Mr Callowe sayed that Walter Heane had maimed him; and further sayth that he did not heare Heane then and there challenge Callowe to fight with him; neither did he see Heane stricke or cutt Callowe's finger; but is verily perswaded that Mr Callowe did strike his finger against Heanes sworde and soe wounded himselfe.'

18-20. 'Walter Heane is bayleife of the hundred of St Brevills as he believeth by the appointment of Sir Richard Catchmaye knight.'

22. He had paid Callow £360 'and hath a discharge for the same'. He 'knoweth not nor never knew of any suite against him for the same.'

Lastly. He 'knoweth the severall matters by him predeposed to be true for that he was present, together with all or some of the rest of the persons by him formerly named, at the tyme and place when they were soe done in manner and forme as is formerly sett downe and declared'.

Signed by William Catchmaye and the commissioners Adeane, Wargeant and Gardiner.

fos. 212v-213r (Witness 2), Anthony Stratford of Littledean, co. Gloucester, gent, born at Walford, co. Hereford, aged about 47

To Heane's defence:

5. About 4 or 5 March last he saw John Cutts 'much overgone with drinke at Monmouth at the tyme of the execution of a former commission in this cause between' Callow and Heane.

Signed by Anthony Stratford and by the above three commissioners.

To Callow's interrogatories:

3. 'He was served to appear before the commissioners this day and place by a ticket; but hath nothing given or promised him for his testimony, but only to have his chardges borne.'

5. He had known Anthony Callow for about 30 years, 'during all which tyme Anthony Callowe was reputed and called a gentleman, and he never heard any doubte made thereof until this suite began.'

8. Giles Herbert esq was 'an honest man, and such a one as he verily believeth will not forsweare himselfe before a magistrate.'

Signed by Anthony Stratford and by the above three commissioners.

Taken before commissioners, Adeane, Wargeant and Gardiner on 3 September 1635

fos. 213v-214v (Witness 3), Anthony Sampson of Mitcheldean, co. Gloucester, blacksmith, born there, aged about 30

To Heane's defence:

5. John Morgan 'is a man of small credit and reputation'. He believed Morgan went 'over into Ireland with Margaret, the wife of Thomas Mutley, where they lived together in incontinency as Margaret hath confessed' to him. He had heard Margaret had 'a husband then living in Ireland.'

7. John Morgan was an enemy to Heane 'because there were suites, or at least one suite lately depending between them'.

Signed by Anthony Samson and by the above three commissioners.

To Callow's interrogatories:

2. He was 'not a subsidy man, but he is able to pay every man his owne...'.

3. He 'was served with a ticket by Walter Heane to appeare there before the commissioners to be examined, who gave him that tyme a shillinge and promised to beare his chardges, and sayth that he hath nothing given nor promised to him for his testimony in this cause.'

5. 'Anthony Callow was reputed a gent and called Mr Callowe', and he had 'seen a lease wherein Anthony Callowe was written gentleman.'

8. 'Anthony Callowe, gent, James Perry, Edward Jenninges, William Worrell and Robert Ellice are honest men of such behavyour as will not forsweare themselves before a maiestrate, and are reputed and taken for such.'

9. After John Morgan had been in Ireland for a year 'then his wife and her brother went thither after him', and that he had also heard that 'Morgan's wive's sister, her husband were sayling over about the same tyme in another barcke, but were drowned by the way. And further sayth that Morgan shortly after returned and is nowe living in his owne country agayne, for that he sawe him at Micheldeane on Tuesday last.'

Signed by Anthony Samson and by the above three commissioners.

fos. 214v-215r (Witness 4), Thomas Wylde of Mitcheldean, co. Gloucester, husbandman, born there, aged about 38

To Heane's defence:

5. As witness 3, and he 'heard Morgan confesse that he hath been incontinent with Mutley's wife both in Ireland and in Micheldeane.'

6. 'He verily beleiveth that John Morgan is an enimy unto Walter Heane.'

Signed by Thomas Wylde [his mark] and by the above three commissioners.

fos. 215r-v (Witness 5), James Robins of Mitcheldean, co. Gloucester, husbandman, born at Longhope, co. Gloucester, aged about 40

To Heane's defence:

5. John Morgan 'is not fitt to be examined as a witness in this cause because he is an utter enimy to Walter Heane, and that John Morgan is an infamous man and of noe credditt for that he hath much wronged the country in goeing up and downe and serving divers people to appeare at the Councell in the Marches of Wales (in which court he is a cursitor) with[out] any warrant at all for the same'. Morgan also 'doth commonly take bribes to release such persons, soe by him soe served without warrant'. John Morgan did leave his house and wife and children and went away with the wife of Thomas Mutley into Ireland and there stayed together for the space of almost one yeare, or thereabouts, as John Morgan hath divers tymes in a bragging manner tolde' this witness.

6. John Morgan 'is an enimye to Walter Heane', and 'further sayth that the suite did lately depend in the Courte of Common Pleas wherein Heane was plaintiff against Morgan one of the defendants.'

Signed by James Robins and by the above three commissioners.

fos. 216r-219r (Witness 6), Richard Williams of Brockweir in the parish of Hewelsfield, co. Gloucester, yeoman, born there, aged about 74 or 75

To Heane's defence:

2. He was only with Heane and Callow at Hopkins's house once 'but whether that was upon a Munday or upon a Tuesday' he 'referreth himselfe to a record remaining in the Hundred Courte of St Brevills, where an affray between Roland Callow and Walter Heane was presented by' this witness 'by vertue of his oath, he being then constable of the township of Brockweir where the same affray was made, as by record appeareth.' John Morgan, John Cutts, John Haynes, Mr William Catchmay, William Williams were present, besides himself, but he 'remembreth not any other to be then present, saveing the folks of the house, and also verily beleiveth that Smith was not then and there present for that neither he nor any other then present to his knowledge did see him there at that tyme.'

3. He heard Callow and Heane 'fall at difference concerning a wager by them layd downe in the handes of Mr William Catchmaye about a warde; and sayeth that he did not see any violence or action used by Heane to Roland Callowe. And Heane said to Rowland Callowe at that tyme, What can you doe, but I can doe the like, upon which words Rowland Callowe rose up of the stoole whereon he sate, and tooke Heane by the bosome and did his endeavor to pull of[f] the belte of[f] Heane's neck, Heane's sworde being hanging at his backe in the belte; but whether Callowe did plucke the sword half out of Heane's scabbard or not he knoweth not'. This was done in the presence of the above six people.

4. Callow ran at Heane 'with a hedgbill, but did not strike him therewith because he was prevented by the company'. Callowe struck at Heane 'with a wooden barr, but the pentstone of the chimney being over his head, that saved and defended the blowe, and then company came in and tooke the barr from him. And then Rowland Callowe did suddenly runne upon Walter Heane, and closed with him and bitt of[f] a peece of Heane's eare, insomuch that Heane cryed out for helpe saying, Will you see me murdered here... saving that Rowland Callow had his mouth all bloody, at that tyme when he was taken from Heane.'

5. He declares that 'John Morgan did runn away into Ireland with Mutleye's wife about that tyme. And further sayth that Cutts is a man of small credditt and reputation, and hath solde ale without licence in the parish of St Brevills for the space of twelve monthes last or thereabouts, and that Cutts hath often tymes been druncke in Brockweare and other places thereunto adjoining.'

Signed by Richard Williams and by the above three commissioners.

To Callow's interrogatories:

2. 'He is not a subsidie man, but hath a competent estate of his owne, and oweth not twenty pence to his knowledge to any man.'

3. He came to testify because Heane delivered him a ticket and gave him sixpence towards his charges. He was promised nothing for his testimony.

5. 'He hath seen Anthony Callowe in this interrogatory named.'

9. 'John Morgan went over into Ireland with one Mutleye's wife, and sayth that since Morgan is returned and liveth up and downe in his owne country.'

10. John Cutts 'is not servant to Richard Catchmay knt, and knoweth not that Sir Richard doth give way that Cutts should sell ale without licence.'

11. As witness 1.

12. After the affray between Callow and Heane, Callow arrested Williams with a pursuivant out of the Court of Chivalry, but on what grounds Williams knew not. 'But in respect of his age, and lameness, together with the extremity of the weather that being in the greate snowe, he referred himselfe to Mr William Catchmay...and Mr John Jeyne of Brockweare, and Mr Callowe referred himselfe unto Mr William Perrkyn of Pilston in the parish of Llandoggo and one Mr Herbert, who ordered Williams to pay unto Rowlande Callowe the some of seven poundes and tenn shillings which for his owne quietness sake he payd to Rowland Callowe accordingly.'

15. He came of his owne accord to Hopkin's house about business which he then had to do with Heane.

16. He 'did not heare Heane challenge Callowe to fight with him, neither at that tyme nor at any other tyme... Callowe's finger was cutt and did hange down. But who cutt the same he knoweth not, but sayeth that Callowe, after Heane was gone, sayed that Heane had maimed him.'

18. 'There was never any such promise or speech had or made between Walter Heane and Williams as in this interr. is surmised... saving that he believeth that there was such an award made that Williams and his brother should pay unto Roland Callow the some of fifteen poundes, as in the interr. is set downe, and that the award now shewed unto him is one part indented of the award which was published by Mr Charles Herbert, William Perkins, William Catchmay and John Jeyne, arbitrators in that behalf named.'

20. That 'he believeth that Walter Heane is bayleife of the hundred of St Brevills under Sir Richard Catchmay.'

22. That 'neither Sir Richard Catchmay knight nor Mr William Catchmay, gent, doth owe him any money or is any way indebted to him.'

Signed by Richard Williams and the commissioners Adeane and Wargeant.

fos. 219r-223v (Witness 7), William Williams of Brockweir, co. Gloucester, yeoman, born there, aged about 63

To Heane's defence:

1-2. He was with Callow and Heane on Tuesday 23 September last in the house of Thomas Hopkin in Brockwear. There were present John Morgan, John Cutts, John Haynes, Mr William Catchmay, Richard Williams, Joane Hopkin, the woman of the house and Lynet Hopkin her daughter-in-law. 'He never was at the place before nor since in the company of Rowland Callow and Walter Heane', but only upon Tuesday 23 September. The reason he knew that it was on Tuesday and not upon Monday 'is for that within a shorte tyme afterwards he put downe the day of the weeke and the day of the moneth in his booke in writing... saving that Rowland Callowe did omit to produce him, Mr William Catchmay, and Richard Williams as witnesses in this cause at a commission on his behalfe at Monmouth about the moneth of March.'

3-4. Callow and Heane 'fell at difference about a wager layd downe by them in the hands of Mr William Catchmay, concerning a warde; and that before any violence or action was offered unto Rowland Callowe by Walter Heane, Rowland Callowe rose up from the place where he then sate, and came behynde Heane and tooke holde of his belte, and endeavored thereby to pull Heane downe backward whereupon they fell together by the eares. And the company endeavored all they could to parte them, and further sayth that afterwards Callow gott a hedgbill, and came upon Heane therewith, but was held back by the company; after which tyme the hedgbill being taken from him he rann upon Heane and, closeing with him, bitt him by the eare until his mouth was full of blood, insomuch that Heane cryed murder and cryed for helpe.'

5. John Cutts 'hath solde ale for the space of these twelve months last past but whether he be licensed soe to doe or not he certainly knoweth not; but believeth he hath noe license for the same. And sayth that Cutts hath bene often druncke lately in Brockweare and other places thereunto adjoining.'

Lastly. John Morgan 'is a greate enimy unto Walter Heane. And his reason is for that at the time of the affray Heane being forced to take a house for his safeguard from Rowland Callow, Morgan came and knoct at the door of the house where Heane was harboured and desired to speak with Heane, which when Heane refused to doe, Morgan in a threatening manner wished that he had Heane out of the doores.'

Signed by William Williams and the commissioners Adeane and Wargeant.

To Callow's interrogatories:

2. 'He is a subsidy man and is able to pay his debts with an overplus.'

3. As witness 6.

5. He had known Anthony Callow for 20 years 'during parte of which tyme he was called Anthony Callowe; but after he was bayliefe of the hundred of St Brevills he was called Mr Callowe and reputed a Gent.'

8. He knew Anthony Callow gent, Blanch Browne, John Haynes and John Williams 'and believeth that they will not forsweare themselves before a maiestrate, and further sayth that he knoweth none of the rest in the interr. named, excepte John Morgan unto whose oath he will give noe credditt.'

11. As witness 1.

12 and 14. He and Richard Williams 'were formerly served by a pursuivant to appeare in this honorable courte at the suite of Rowland Callowe, whereupon they being aged people, and for that it was in the greate snowe, soe as they could not travel without danger of their lives, did referr themselves to stand to the award of Charles Herbert gent, William Perkins gent, William Catchmay gent, and John Jeyne gent, arbitrators of either side, and entred bond to stande to their awarde, whereupon they were ordered by arbitrators to pay seven powndes tenn shillings a peece to Rowland Callowe, which they for quietness sake payd him; but denyeth that ever he did any wronge to Rowland Callowe.'

13. 'He did not hold Rowland Callow whilest Heane or any other strucke him, and sayth that he never did offer Rowland Callowe any wronge in his life.'

15. As witness 6, 'and there found Mr Callow in the roome with the rest of the company.'

17. He 'did not heare Heane challenge Rowland Callow to fight with him the tyme and place aforesaid; neither did Heane then and there strike Rowland Callowe or to cutt his finger, but sayth that Rowland Callowes finger was cutt and did hange downe. But how it was so cutt unless it were done by Callow in running upon Heane's sword he knoweth not; but sayth that he did not hould Callowe when his finger was soe maimed, and also sayth that Callow came to him and shewed him his finger and sayd looke heare, the villayne hath maimed me.'

18. 'The award now shewed unto him [is] an indented parte of the award made by arbitrators as aforesaid; but, denyeth that ever Heane promised to repay the fifteen poundes mentioned in the award to this respondent and his brother if ever he should recover this suite against Roland Callowe... saveing that Heane said to this respondent that he hoped my Lord Marshall upon consideration would order that they should have their money agayne, or some words to the like effect.'

19. Last Easter term, he was talking with Rowland Callow in the Earl Marshall's Court about taking of a bond wherein he was bound to appear in the court at Callow's suit, 'and sayth that Callowe would not stay there any longer with him, but went away from him, whereupon he stayed there in the court with Heane until my Lord Marshall came. But denyeth that there were any promises then or at any other time made by Heane to this respondent concerning the matters in question...saving that Heane did not call him away from Mr Callowe, nor leade him away from him by the arme.'

20. Heane is 'bayliefe of the hundred of St Brevills under Sir Richard Catchmay... upon the award aforesaid Rowland Callowe was ordered to free this respondent of his bonde which he had entered into for his appearance in my Lord Marshall's courte; but Rowland Callowe had not soe done, whereupon [he] being a weak old man did repayre to divers of his friends to know what course he might take that he might bee freed of the bonde according to the award. And amongst the rest as [he] remembreth he repaired to Sir Richard Catchmay...who together with divers other of his friends did advise [him] to repayre to London to gett up his said bonde, which [he] did and had the bonde delivered up accordingly.'

21. Sir Richard Catchmay spoke to Sir John Wynter on [his] behalf at Littledeane about last Christmas. 'And further [he] sayth that he remembreth not that Sir Richard did complayne to Sir John Wynter that Rowland Callowe did sue Sir Richard Catchmay his servants. And further sayth that there was a suite between Callowe and one Munden who was servant unto Sir Richard Catchmay and that Callowe did arrest or cause Munden to be arrested in Monmouth, upon an exeqution and carried him away to Uske gaole; but for what it was [he] knoweth not.'

22. William Catchmay owed him about £10 upon a bond. There were reckonings between him and Sir Richard Catchmay but he did not remember the sum. He had heard of the suite mentioned, but had also heard that Mr Catchmay had paid Rowland Callow and had a discharge from him for it.

Last. 'There is at the present some discord between Mr William Catchmay and the tenants of the Earl of Pembroke and Montgomery of the one parte and Mr Callowe in the other parte as [he] hath heard; but what the same is concerning he knoweth not.'

Signed by William Williams and the commissioners John Adeane, William Wargeant.

Taken before commissioners John Adeane, William Wargeant and William Gardiner on 4 September 1635

fos. 224r-225r (Witness 8), John Haynes of Brockweir, co. Gloucester, aged about 47

To Heane's defence:

2. He was only in company with Callow and Heane on 23 September last 'but whether it were upon a Munday or a Tuesday he doth not certainly now remember but referreth himselfe to the almanackes of that yeare'. There were also present John Morgan, John Cutts, Mr William Catchmay, Richard and William Williams 'together with the woman of the house Joane Hopkyn.' Rowland Callowe did not produce Mr William Catchmay, Richard Williams, William Williams, and Joane Hopkin as witnesses on his behalf at the commission at Monmouth 'about six monethes last past.'

3-4. Callow and Heane quarreled 'about a wager by them layd concerning a ward'. Before any violence was used against Callow by Heane, Callow rose up from his seat and 'caught holde of Heane's belte and pulled him downe backwards to the ground of the forme whereon he then was sittinge; but remembreth not that Callowe at that tyme used any of the words or speeches' mentioned. Heane had his sword drawn, but whether it was half drawn by Callow, or whether he strove with Heane for it he knew not'. He and John Morgan took away Heane's sword from him, and soon after Rowland Callow 'rann upon Walter Heane, and caught holde of his eare with his teeth, and there held him till Callowes mouth was bloody, and bitt a peece of[f] Heane's ear.'

5. 'John Morgan lately served Charles Catchmay of Brockweare to appeare at the Cowncell of the Marches of Wales and afterwards tooke a bribe of him of eight shillings to release him... John Cutts, doth keepe an alehouse and sell ale without licence.'

Lastly. 'Walter Heane did sue John Morgan in the Court of Common Pleas for beating of him the time and place aforesaid; but whether the suite be yet depending or not he knoweth not.'

Signed by William Williams and the commissioners Adeane and Wargeant.

fos. 225r-227r (Witness 9), John Cutts of Ithellsweare [Coed-Ithelweir], in the parish of St Briavels, co. Gloucester, born at Llandogo, aged about 50

To Heane's defence:

2. He was only with Heane and Callow at Hopkin's house 'but once, which was upon a Tuesday and not upon a Munday and that was about Michaelmas last'. John Morgan, John Haynes, Mr William Catchmay, Richard Williams and William Williams were present with the woman of the house, Joane Hopkin. Rowland Callowe did not produce as witnesses Mr William Catchmay, Richard Williams, William Williams nor Joane Hopkin.

3-4. Callow 'did before any violence was offered unto him by Walter Heane pull Walter Heane by the belte and afterwards would have gone at Heane with a hedgbill; but he did helpe to take away the bill from Callowe. And afterwards Callowe fetchte a cudgell and was comeinge agayne at Heane, whereupon Heane, holding his sword in his hande, did bid Callowe come on at his owne peril. And afterwards, they being parted and their weapons taken from them, Rowland Callowe went to Heane and with his teeth caught holde of Heanes eare, and bitt him by the eare but whether he bitt out a peece of Heane's eare or not he knoweth not.'

Signed by John Cutts [his mark] and the commissioners Adeane and Wargeant.

To Callow's interrogatories:

3. As witness 7.

8. He knew most of the witnesses but whether they would forswear themselves or not before a magistrate, he knew not.

10. He sometimes worked for Sir Richard Catchmay 'at day labour for wages, and sometimes keepes his passage boate; but otherwise is not servant to Sir Richard Catchmay.'

11. As witness 1.

12. Negative.

13. 'He did holde Rowland Callowe by the arme whilest his finger was cutt but how or in what manner his finger was soe cutt he knoweth not.'

15. He 'went along with Rowland Callowe and Mr Catchmay of his owne accord to the house of Thomas Hopkyn about the tyme in the interr. mentioned and went voluntarily into the roome with them.'

16. 'He did not at that tyme heare Heane challenge Rowland Callowe to fight with him. Neither did he see Heane strike Callow and cutt his finger, but sayth that Callowe's finger was cutt and did hange downe and that he did holde him by the arme at the tyme his finger was soe cutt. And also sayth that Callowes finger was soe cutt by Heane's sword, but who did it, or how it was done, he knoweth not.... saving that Rowland Callowe did then and there cry out and say that Heane had maimed him.'

17. Negative.

20. 'Heane is bayliefe of the hundred of St Brevills under Sir Richard Catchmay knight as he verily believeth.'

Signed by John Cutts and commissioners Adeane and Wargeant.

fos. 227r-228r (See witness 4 above), Thomas Wylde of Mitcheldean, co. Gloucester, husbandman, born there, aged about 38

To Callow's first set of interrogatories:

2. 'He is at even hand with the world. Noe man owes him any money, neither he oweth any to any man; but sayth he is not a subsidy man.'

3. He testified at Heane's request, 'and sayeth was forced so to do by Heane with a tickett, and then received only twelve pence for to beare his charges, and is not promised anything at all for his testimony.'

4. Negative.

5. He had known Anthony Callow for 28 years 'during which tyme he hath heard Anthony Callow called Mr Callowe.'

8. 'He knoweth Anthony Callowe gent, James Perry, Edward Jenninges, William Worrell, John Morgan, Robert Ellice, all which he believeth will not forsweare themselves excepte John Morgan in this interr. named.'

9. 'John Morgan's wife went not over with him, neither his brother in lawe nor his wife; but they went a shorte tyme after him. And sayth that Morgan is since returned and liveth in his owne cuntry sometimes.'

17. 'He never was imployed by Heane but once and that was about three weekes agoe, at which tyme he delivered him a warrant to arrest one John Mutley of Rosse.'

20. 'He verily believeth that Heane is bayliefe of the hundred of St Brevills under Sir Richard Catchmay. And sayth that they, nor either of them, ever had any conference with him about the suite between Mr Callowe and Heane, but what Heane and [he] had at the tyme he served [him] as a witness as aforesaid.'

To Callow's second set of interrogatories:

'He never sawe John Cutt before to his remembrance.'

Signed by Thomas Wylde [his mark] and the commissioners Adeane and Wargeant.

fos. 228v-229v (See testis 5 above), James Robins of Mitcheldean, co. Gloucester, husbandman, born at Longhope, co. Gloucester, aged about 40

To Callow's first set of interrogatories:

2. 'He is worth about fowerscore poundes his debts payd and is not a subsidy man.'

3. He testified at Walter Heane's suit 'who served him to that purpose with a tickett and gave him twelve pence to beare his chardges.'

5. He had known Anthony Callow for over 20 years 'during which tyme he hath bene by some called Anthony Callowe, and by some agayne he hath bene called Mr Callowe.'

8. 'He knoweth the most parte of the persons named in this interr. But whether they will forsweare themselves or not he knoweth not, but is verily perswaded in his conscience that John Morgan...also named will forsweare himselfe for an advantage.'

9. 'Morgan his wife did not go with him, but went about a yeare after to fetch him home againe and sayth that Morgan reported that he went into Ireland to live and inhabite there; and also sayeth that he is since returned and doth sometimes live in his owne country.'

20. 'Heane is bayleife of the hundred of St Brevills under Sir Richard Catchmay, and sayth that he never had any speech with either of them, concerning the suite between Mr Callow and Heane, but what he had at the tyme that he was served to be a wittnes by Heane as aforesaid.'

To Callow's second set of interrogatories:

He had heard that John Smith 'is a man of small reputation and one that is accompted a theife, and is now in the gaole of the county of Gloucester for felony, and one that will forsweare himselfe for a small matter.'

Signed by James Robins and the commissioners Adeane and Wargeant.

Acta (5), fo. 230r, Notary public's certificate

Certificate in Latin signed by Arthur Jones, notary public that the above examinations had been completed and were now being returned.

No date.

Notary's mark.

Plaintiff's case

7/76, Names of plaintiff's commissioners

10 Jan 1636

Charles Herbert, gent, Henry Perkins, gent, Henry Gwilliam, gent, Henry Gardiner, gent, to meet at the inn of Thomas Edwards, at St Briavels, co. Gloucester.

'The 7, 8, 9, of Jannuary if it be not Sondaye for I would have it Thursdaye, Fridaye and Saterdaye.'

Acta (5), fo. 303, Second letters commissory for the plaintiff

Addressed to commissioners Charles Herbert, gent, William Perkins, gent, William Williams, gent, William Gardiner, gent, and also, John Stratford, esq, William [surname damaged] gent, John Adeane, gent, and William Wargeant, gent, to meet in a cause of injurious words provocative of a duel, from 7 to 9 January 1635/6, in the house of Thomas Edwards in St Briavels, co. Gloucester.

Gilbert Dethick assigned Francis Smith, gent, as notary public.

Dated 12 November 1635.

Signed Gilbert Dethick

Acta (5), fos. 298-301, Second set of plaintiff's interrogatories

1. 'Whether 'John Morgan did goe into Ireland with the knowledge and consent of his wife *upon some good occasion*; and that he tooke over with him some parte of his estate; and that he gained by the journey'?

2. How long was it since Morgan returned from Ireland and whether Morgan be 'reputed and taken for such a one as will not forsweare himselfe'?

3. Whether 'John Cut at or about the tyme of his swearing and examincaon in this cause on the behalfe of Heane was much overtaken with drincke, and did abuse some then present, and was observed to be then in drincke *or was he not then sober and sensible* as you know believe or have hearde'?

4. Whether 'one or more of the comission that tooke Cutt's deposicon did at his examinacon say or tell Cutts that he then was overtaken with drincke, or to such effect'?

5. Whether Mr Catchmay 'was on or about the 23^th of September 1634 ever seene with drinke and soe drunke that he could not goe from Hopkin's house to his owne house without help'?

6. Whether Mr Catchmay 'was on or about the 23^th of September 1634 carried or leade to a boate; and who did leade or carry him to the boat; and who did heave or carry him out of the boate home to his owne house; and wherefore was he so heaved, helpt and carried away'?

7. Whether 'there be now or lately were any suites or differences of lawe betweene Mr Catchmay and Mr Callow; and whether Mr Catchmaye hath mainteyned suites against Mr Callowe; or joined himself in suites with divers or any others against Mr Callowe'?

8. Whether 'he doth knowe, believe or have hearde that Mr William Catchmay hath with others committed a ryott *and carried away woods to a great value being* cutt and corded by Mr Callowe, *or to his use*; and whether he hath borne any ill will or malice to or against Mr Callowe'?

9. Whether Heane 'on or about the 23^th of September 1634 at Hopkin's house' challenged Callow 'to fight with him, or to doe any thing with him, for foure exercises *or weapens*'? Did Mr Catchmay 'then reply that Heane should strive with Callow whether of them two should or could leape farthest into the River of Wye'?

10. Whether 'doe you know believe or have crediblie hearde that Mr Catchmay hath trespassed and committed some one or more offences against the forest lawes and bene liable to have bene fyned for the same'?

11. Whether 'Heane being bailiffe have spared and forborne to complaine against Mr Catchmay to St Brevill's Court, the Speech Court, Swannymoot Court and Justice Seate for trespassing on the forest lawes *or breaking of any orders in any of the said courts*'?

12. Whether 'William Catchmay be accompted the intimate friend and well wisher of Heane; and whether Mr Catchmay by himselfe *or others* have defended *or countenanced* Heane in this or other suites against Mr Callowe'?

13. Whether did 'Heane on or about the 23^th of September 1634 come into the house of Hopkins in Brockware? Who were present in the house when he came thither? Did he at his comeing into the house settle himselfe upon or very neere Mr Callow'?

14. Whether 'Heane at the tyme and place...specified did offer to laye one or more wagers with Mr Callow *concerning the wardship of James Haine, his brother's son, granted to Mr Callow*; did Mr Callow then and there tell Heane that he would lose his wager and that it was not possible for him being in Gloucestershire to heare what the words he then affirmed <what> Mr Morse or one James Heane had said at London *concerning the wardship*'?

15. Whether 'at the tyme and place aforesaid Heane said he cared not for x^li *being the sum named for the wager*; and that he durst more then thou meaninge and speaking to Mr Callowe; did Heane then and there saye that the Heanes were as good men or better *(in angry manner and by way of comparison)*; and did he then challenge Mr Callowe'?

16. Whether 'he hath heard or seene two or three witnesses of good credit say and offer to depose that Mr Morse had promised to forbeare the prosequcon of the wardship of James Heane. And did Heane on the 23^th of September affirme proffer and did lay downe gould for a wager *at Hopkins house with Mr Callowe* that Mr Morse had not soe promised'?

17. Whether he or the other witnesses have 'been heretofore *especially trusted and* imployed by Heane to serve processes or to assist him in the serving of them' and whether he or any of his witnesses have 'taken any reward to spare any one from service in any of the king's courts *, or at the assizes or sessions, by the means of Heane*; and specify when, what, where, of whome'?

18. Whether 'Anthony Stratford do live away from his wife' and whether within the past few years he had been questioned at the assises for the country where he liveth for some misdemeanor'?

19. Whether 'Stratford hath bene observed to keepe Heane's sister or sisters company at unlawfull howers; and whether he hath been suspected to live incontinently and to have committed adultery or fornication with them or one of them'?

20. Whether 'Stratford be an intimate friend of Heane and one that hath done what he could to defende Heane against Mr Callow'?

21. Whether '*William Catchmay* hath reported that he forced himself to speake against Mr Callowe before the judge of assize at a tryall betweene Heane and Callowe; and that if he had not done soe Heane had bene undone or to that effect'?

22. Whether '*William Catchmay* did in an angry manner give Mr Callow the lye before some commissioners and gentlemen on or about the day Heane's commission was to be sped? Have you said and given out that you would swear or prove more then you had formerly sworne against Mr Callow for that he had said you had sworne largelie against him *or words to that effect*? Did you presently leave the commissioners aforesaid and goe to be examined in this cause against Mr Callowe? Have you said you would sweare home, or pay Mr Callowe home in your deposicon to be given'?

23. Whether he or any fellow witness had been 'spoken to conceale what he knew against Heane and perswaded to sweare what he knew against him in this cause; or whether he hath bene threatened that if he did sweare against Heane he should be undone and that it were better for him never to goe to his home'? Specify by whom, when, and where.

24. Whether he or any fellow witness had 'submitted himselfe to Mr Callowe and given him satisfaction for some wrong done by him to Mr Callowe in September 1634 at one Hopkin's house in Brockware'?

No date.

Signed by Arthur Duck.

Acta (5), fos. 285-289, Second set of plaintiff depositions

Taken before commissioners Charles Herbert and William Perkins, gents, John Stratford, esq and William Wargeant, gent, on the 8 January 1635/6, in the town of St Briavels, co. Gloucester, with Francis Smith as notary public.

Here Heane's witnesses were obliged to answer a second set of interrogatories frm Callow.

fos. 285r-286r (Witness 1), William Catchmay of Tintern, co. Monmouth, gent

To Callow's second set of plaintiff's interrogatories:

6. 'It is true that on or about the time in the interrogatory menconed he being antient was lead or helpt into a boate and out of it, and sometimes staid or helpt over certain stiles in the way homeward, being a steep hilly and uneven ground.'

7. He 'doth not know of any suites betweene them as in the interrogatory.'

8. 'His servants hath divers times carried away some of the woods, as also many other of the tenants to the right honorable the earl of Pembroke have carried away woods of good value, which he hath heard was cutt and corded by Mr Callowe. But he doth not conceave the same to be any riott; for himself with others doe intend to try a title with his lordship concerning the premises.'

9. 'He doth not remember the challenge, nor that he did say Mr Callowe and Walter Heane should strive which of them could leap furthest into the River of Wye; but confesseth he was present at the time and places in the interrogatory menconed yet did not take any notice of the words at difference between them.'

10. He 'hath been questioned for some trespasses against the forrest lawes for which he hath been fyned and made satisfaccon.'

11. He 'doth not know that Walter Heane hath spared or forborne to complaine of him or to doe him any courtesy, as in the interrogatory is expressed.'

13. Heane 'on or about the time in the interrogatory menconed came into the house of Hopkins in Brockweare where were then present before his coming in Mr Callow and others; and that Heane did fitt a place himself next or very neer to Mr Callowe.'

14. It 'is true that there was wager laid by Walter Heane with Mr Callow concerning the wardship of James Haine, and two peeces of gould were thereupon deposited in [his] hands; and he also saith that the effect of the rest of the interrogatory is true, as he doth believe to his best remembrance.'

15. He 'doth not remember that Heane did say he cared not for ten pound or that he durst do more then Mr Callowe; but he saith to the rest of the interrogatory that if any challenge was then made by Heane, or any angry words by way of comparison to Mr Callowe the same did proceed amongst divers angry words between them upon occasion of the wager.'

16. As 'concerning the wager he referreth himself to his answer in the [preceding] interrogatory, but he did not see any such witnesses as in the interrogatory is specified.'

22. He did give Callow the lie '(upon some words of provocation given him by Mr Callowe) in presence of about forty gentlemen and others; he also saith he did say he could or would sweare and prove more against Mr Callowe then he hath formerly sworne because Mr Callowe had said [he] had sworne largely against him; and doth affirm and justify that if he be examined againe he can sweare and say justly more against Mr Callowe than he did at his former examination if the interrogatories were so drawne to induce him thereunto.'

23. 'William Williams and Richard Williams brethren, witnesses in this cause produced, did give some satisfaction to Mr Callowe upon some differences between them wherein [he] had been an arbitrator which was done to make their peace, but as he conceyveth not for any wrong done to Mr Callow.'

'Richard Williams was spared from being examined by the commissioners in their discretions because he was very aged and deafe, or so thick of hearing as he could not but with great noise or difficulty heare what was demanded or understand what to answer soe, being very desirous to be excused.'

Signed by William Catchmay.

fos. 286r-287r (Witness 2), Anthony Sampson of Mitcheldean, co. Gloucester, farrier

To Callow's second set of plaintiff interrogatories:

1. John Morgan had said 'that he went into Ireland with the consent of his wife upon good occasion and that the same journey was to his profit; and that his wife would justify the same.'

2. It 'is about foure yeares since Morgan came back from Ireland to Micheldeane.'

7. He 'liveth remote from the parties above ten miles and knoweth not what suites are or have bin between them.'

12. William Catchmay 'is the well wishing friend of Walter Heane, which he the rather doth believe because Walter Heane is a bayliff under Sir Richard Catchmay, knight, brother of William Catchmay.'

17. He 'hath heard the effect thereof reported severall times by John Morgan and others.'

18. He knew Anthony Stratford of Littledean, co. Gloucester, and that Stratford and his wife lived apart, 'and that Anthony Stratford hath bin questioned at the assizes in the County for attempting of poisoning his wife with quicksilver mixt or putt into milk or some kinde of drink; and that a doctor of phisick was sent for to minister something to save her life.'

19. He 'hath heard divers times reported that Anthony Stratford hath lived incontinently with one of Walter Heane's sisters; but whether it be true or no he knoweth not.'

20. He 'doth believe Anthony Stratford to be a friend and wellwisher of Walter Heane.'

21. He 'was present at one Richard Stallard's house at Leigh in Gloucestershire at such time as William Catchmay came from the assizes for that county, at which time and place William Catchmay did say that upon a tryall between Rowland Callow and Walter Heane he had struck the stroke for Walter Heane, else he had bin half broke, or words to that effect in presence of others.'

22. He 'doth not knowe to answer to any part thereof.'

Signed by Anthony Samson.

fos. 287r-v (Witness 3), Thomas Wilde of Mitcheldean, co. Gloucester, labourer

To Callow's second set of interrogatories:

1. He 'hath been examined two severall times to the effect of this interrogatory; and saith he will answer no otherwise but referreth himself to his former deposicons.'

2. It 'is about three or foure years since Morgan came from Ireland and hath heard some reporte that he will forsweare himself; but he doth not knowe the same otherwise, neither can mencon any particular.'

7. He 'cannot say anything material to the substance thereof.'

11. He 'cannot say anything materiall to the substance thereof.'

12-14. He 'cannot say anything to the substance of this interrogatory.'

17. He 'being a bayliff hath bin sometimes trusted and imployed by Walter Heane to serve processes and to assist him in the serving of them; but to the later clause of this interrogatory he cannot say any thing of his knowledge.'

18. He 'hath heard reported commonly by the neighbours of Anthony Stratford and others that he liveth away from his wife; and likewise, that he hath commonly heard it reported that Anthony did give quicksilver unto his wife who intent to poison her as was supposed. But to the rest of the interrogatory he saith he cannot answer anything of his knowledge materiall.'

19. He 'hath heard such a report and suspicion of incontinence between Anthony Stratford and one of the sisters of Walter Heane, and of much resorte to her at late or unreasonable times of the night.'

20. He 'cannot say any thing materiall to the substance thereof.'

21. He 'hath heard it said and affirmed by Anthony Sampson in this cause examined, that Anthony did heare Mr William Catchmay in the interrogatory named say that if it had not bin for him Walter Heane had had the worst at the assizes upon a tryall between him and Mr Rowland Callowe, or words to that effect.'

Signed by Thomas Wilde [his mark].

fos. 287v-288r (Witness 4), John Hayne of Brockweir, co. Gloucester

To Callow's second set of interrogatories:

3. At the time of John Cutt's examination 'he was present in the same house but did not discerne that Cutt was drunk or was overtaken with drink but was sober and sensible for any thing [he] could or did presume.'

9. Heane and Callow quarreled 'concerning a wardship, whereupon a wager was layed between them And as concerning the challenge he saith he hath bin formerly examined at Monmouth and the matter being then fresher in his memory he doth referre himself therein to his first examinacon at Monmouth.'

13. As witness 1.

14-15. He 'referreth himself to his first examinacon in this behalf taken at Monmouth.'

Signed by John Haines.

fos. 288r-v (Witness 5), John Cutt of St Briavels, co. Gloucester

To Callow's second set of interrogatories:

3. 'At the time of his swearing and examination in this cause on behalf of Walter Heane in the interrogatory specified he was as sober and sensible as at this instant time of his examination or at any time of his life, which he speaketh upon his conscience most confidently. And he further saith that the same day before the time of his examination he had not drunke above a cup or two in the morning, as himself and he thinketh most men use to doe. And he further saith that he was not observed by any there to be in drink neither did he any way abuse or so much as give an ill word to any then present.'

9, 13-15. As witness 4.

Signed by John Cutt [his mark]

fos. 288v-289r (Witness 6), William Williams of Brockweir, in the parish of Hewelsfield, co. Gloucester

To Callow's second set of interrogatories:

8. He 'hath generally heard a common report in the country and neighbourhood that Mr William Catchmay and divers others of the country did carry away a great quantity of woods cutt and corded by Mr Callowe; but himself did not see the same being not then present.'

13. As witness 1.

14. That 'Heane did offer first to lay a wager of x^li with Mr Callowe upon some speeches between them concerning the wardship of James Heane, his brother's sonne, as in the interrogatory is specified; and that accordingly the wager was layed between them by the depositing of two peeces of gould by either of them, one in parte of wager of x^li , in the hands of Mr William Catchmay.'

24. That 'he and his brother Richard Williams did give fifteen pounds to Mr Callowe according to an award, to purchase or make their peace with him upon some suites or differences concerning this very cause in question between him and Walter Heane; but not as he doth conceave for any wrong done by them or either of them to Mr Callowe as in the interrogatory is expressed.'

Signed by William Williams.

Signed by commissioners Charles Herbert, William Perkins, John Stratford and William Wargeant, and Francis Smith as notary public, on the 8 January 1636, in the town of St Briavels, co. Gloucester.

'Mr Richard William was by the discretion of the commissioners and his owne entreaty spared from his examinacon in regard of his deafness to heare or understand.'

Acta (5), fo. 290, Notary public's certificate

Certificate in Latin signed by Francis Smith, notary public that the above examinations had been completed and were now being returned.

8 January 1636

No notary's mark.

Summary of proceedings

Dr Duck acted as counsel for Callow and Dr Eden for Heane. On 9 May 1635 it was decreed that Heane was to be examined for contempt. On 30 May 1635 it was to be heard whether Heane's material for the defence would be admitted. Further proceedings survive for June 1635 and May 1636. Sentence was appointed to be heard on 9 May 1636 but in June the cause was referred to the arbitration of the gentlemen Sir Robert Cooke, Rowland Scudamore and John Tipper. The latter two were still negotiating to end the quarrel on 8 November and the 28 January 1637 was therefore appointed to hear the sentence if no agreement had been reached.

Notes

Heane and the Callows are not mentioned in the Gloucestershire Visitation of 1623, but the Catchmays of Bigsweir, co. Gloucester, and Trelleck, co. Monmouth, appear in Welsh Visitations. Sir Richard Catchmay, knt, and William Catchmay, both of Bigsweir, co. Gloucester, were sons of George Catchmay of Bigsweir. For a list of the main witnesses in the case, see Squibb's reports.

M. Powell Siddons (ed.), Visitations by the Heralds in Wales (Publications of the Harleian Society, new series, 14, 1996), p. 184; G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p. 10.

Rowland Callow and his wife Margaret were defendants in a Chancery case prosecuted against them by Francis Bradford in 1633.

J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-1640 (List and Index Society, special series, 35, 2004), part 2, p. 389.

For the Catchmays' lordship of Bigsweir, see N. M. Herbert (ed.), VCH Gloucestershire , vol. 5 (O.U.P., 1996), p. 262.

Documents

• Initial proceedings
  • List of names and grant of process: 7/61 (no date)
  • Libel: 11/31b (24 Jan 1635)
• Plaintiff's case
  • Nomination of commissioners by plaintiff: 7/58 (24 Jan 1635)
  • Letters commissory for the plaintiff: 11/31a (24 Jan 1635)
  • Defence interrogatories: 11/31e (no date)
  • First set of plaintiff depositions: 11/31c (2 Mar 1635)
  • Notary public's certificate: 11/31d (6 Mar 1635)
  • Affidavit of John Smith: 9/4/8 (6 May 1635)
• Defendant's case
  • Personal answer: Acta (5), fo. 239 (30 May 1635)
  • Summary of personal answer: R19, fo. 11 (1635)
  • Plaintiff's interrogatories of Heane: 9/4/9 (8 Jun 1635)
  • Names of defendants' commissioners: 7/78 (no date)
  • Letters commissory for the defendant: Acta (5), fo. 238 (9 Jun 1635)
  • First set of plaintiff interrogatories: Acta (5), fos. 230r-237r (no date)
  • First set of defence depositions: Acta (5), fos. 203-29 (2-4 Sep 1635)
  • Notary public's certificate: Acta (5), fo. 230r (no date)
• Plaintiff's case
  • Names of plaintiff's commissioners: 7/76 (10 Jan 1636)
  • Second letters commissory for the plaintiff: Acta (5), fo. 303 (12 Nov 1635)
  • Second set of plaintiff interrogatories: Acta (5), fos. 298-301 (no date)
  • Second set of plaintiff depositions: Acta (5), fos. 285-289 (8 Jan 1636)
  • Notary public's certicate: Acta (5), fo. 290 (8 Jan 1636)
• Proceedings
  • Proceedings: EM348 (9 May 1635)
  • Proceedings: EM349 (30 May 1635)
  • Proceedings before Arundel: 8/24 (9 Jun 1635)
  • Proceedings before Huntingdon: 8/25 (20 Jun 1635)
  • Undated proceedings: R.19, fos. 390-399 (c. Jun 1635?)
  • Proceedings before Arundel: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 89r-100r (May 1636)
  • Proceedings before Maltravers: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 74r-83v (7 May 1636)
  • Proceedings before Sir Henry Marten: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 84r-88v (9 May 1636)
  • Proceedings before Maltravers: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 112r-121v (Jun 1636)
  • Proceedings: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 105r-110v (8 Nov 1636)
  • Proceedings before Arundel: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], fos. 51r-59r (28 Jan 1637)

People mentioned in the case

• Adeane, John, gent
• Bell, William, gent
• Bradford, Francis
• Braine, Richard, gent (also Brayne)
• Brown, Blanche (also Browne)
• Callow, Anthony, gent (also Callowe)
• Callow, Margaret
• Callow, Rowland, gent (also Callowe)
• Carpenter, William, gent
• Catchmay, Richard, knight (also Catchmaye)
• Catchmay, William, gent (also Catchmaye)
• Caylocke, Anthony
• Cooke, Robert, knight
• Cutts, John, waterman and yeoman (also Cutt, Cut)
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Edwards, Thomas, innkeeper
• Ellice, Robert, victualler (also Ellis)
• Evans, Thomas, barber-surgeon (also Yeavans)
• Gardiner, Henry, gent
• Gardiner, William, gent
• Gwilliam, Henry, gent (also Gwilliams)
• Hawkins, James, gent
• Hayne, John, seaman (also Haines, Haynes)
• Heane, James (also (Haine)
• Heane, Walter (also Haine)
• Herbert, Philip, earl of Pembroke of Montgomery
• Hopkin, Joane (also Hopkins, Hopkyns)
• Hopkin, Lynet
• Herbert, Charles, gent
• Hopkin, Thomas, alehouse keeper (also Hopkins)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Jennings, Edward, glover
• Jeyne, John, gent
• Jones, Arthur, gent
• Jones, William, gent
• Margetts, James (also Margaret)
• Marten, Henry, knight
• Martin, Henry, innkeeper
• Morgan, John, maltster
• Morrell, George, innkeeper (also Worrell)
• Morse, Thomas, butcher
• Munden, Thomas
• Mutley, John
• Mutley, Thomas
• Perkins, Henry, gent (also Perrkyn, Perkin)
• Perkins, William, gent (also Perrkyn, Perkin)
• Perry, James, cooper (also Perrye)
• Rawe, William, notary public
• Robins, James, husbandman
• Sampson, Anthony, blacksmith
• Savory, James
• Scudamore, Rowland
• Smith, Francis, notary public
• Smith, John, yeoman
• Stallard, Richard
• Stratford, Anthony, gent
• Startford, John, esq
• Tipper, John, gent
• Wargent, William, gent (also Wargeant)
• Williams, John, butcher
• Winter, John, knight (also Wynter)
• Worrall, William, cooper (also Worrell)
• Wylde, Thomas, husbandman (also Wilde)

Places mentioned in the case

• Gloucestershire
  • Awre
  • Bigsweir
  • Brockweir
  • Coleford
  • Dean Magna
  • Hewelsfield
  • Leigh
  • Littledean
  • Longhope
  • Minsterworth
  • Mitcheldean
  • St Briavels
• Herefordshire
  • Cowhorne [Great or Little Cowarne]
  • Hereford
  • Ross-on-Wye
  • Walford
• Ireland
• London
• Monmouthshire
  • Hadnock
  • Llandogo
  • Pilston
  • Tintern
  • Trelleck
  • Whitchurch
• River Wye
• Wales

Topics of the case

• apparel
• assault
• assizes
• barber-surgeon
• coat of arms
• challenge to a duel
• comparison
• constable
• Court of Common Pleas
• Court of the Council of the Marches
• denial of gentility
• drunkenness
• forest law
• fornication
• giving the lie
• Herald
• hundred court
• maiming
• office-holding
• other courts
• physician
• quarter sessions
• riot
• threatened violence
• Star Chamber
• tavern brawl
• trespass
• weapon