194 Essex v Hubbins

194 ESSEX V HUBBINS

Sir William Essex of Beckett House, Shrivenham, co. Berkshire, bart v William Hubbins of St Giles-in-the-Fields, co. Middlesex, tailor

April 1638 - February 1639

Abstract

Essex complained that in the parish of St Martin-in-the-Fields, Middlesex, between January and February 1637, he was insulted as he attempted to break up a swordfight between Hubbins and his servant, William Reade. When Essex intervened, Hubbins 'said he was as good a man as I, and thrust mee on the breast with his hand.' Essex retorted, 'Doest thou strike me, and make comparisons with me? I will take a legall course with you. Whereupon, William Hubbins immediatelie, in a scoffing manner, replyed to me, Oh, I cry your mercie, you are a worshipful knight'. Hubbins maintained that the scuffle occurred when he came to Mrs Lee's house to collect his rent, where he was assaulted by Reade, and called a rogue by Essex. Hubbins claimed that despite removing his hat and respectfully addressing Essex as 'a noble gentleman', Essex struck him in the face with his staff and ordered Reade to beat him and throw him out of doors. Proceedings began in April 1638 and ended on 23 February 1639 when Hubbins was incarcerated for contempt of court and the case was referred to the Earl of Huntingdon and Lord Maltravers to arrange a final agreement between the parties.

Initial proceedings

7/108, Plaintiff's bond

11 April 1638,

Bound to duly prosecute his suit in the court in the painted chamber, Palace of Westminster.

Signed by W. Essex.

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

20/3e, Libel

1. Essex had been a baronet for up to 20 years and his family had been gentry for up to 300 years, some of whom had been knights, whereas Hubbins was a plebeian.

2. Between January and February 1636/7, in the parish of St Martin-in-the-Fields, co. Middlesex, William Hubbins was fighting William Reade with a sword. When Essex tried to intervene, Hubbins 'said he was as good a man as I, and thrust mee on the breast with his hand. And I, asking him, Doest thou strike me, and make comparisons with me? I will take a legall course with you. Whereupon, William Hubbins immediatelie in a scoffing manner replyed to me, Oh, I cry your mercie, you are a worshipful knight', or words to similar effect.

3. Hubbins's contemptuous words affronted Essex's dignity and were provocative of a duel.

Dated 28 April 1638.

Signed by Arthur Duck.

Defendant's case

14/2gg, Plaintiff's interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witness's age, occupation and condition? How did the witness know the parties?

2. Did the witness live of their own or were they dependent upon another? How much was the witness worth in goods with his debts paid? Had they been compelled to attend and what had they received to testify?

3. Was the witness a household servant, retainer or relative of the defendant, and if so in what degree? To whom would they give the victory if it were within their power?

4. Had the witness been instructed how to depose?

5. Was the witness with Essex and Hubbins in January or February last; if so, where and upon what occasion? Did he hear Hubbins say that he was as good a man as Essex, and 'did not Hubbins at the same time thrust Sir William Essex in the breast with his hand or otherwise'? Did Essex then reply 'doest thou strike mee and make comparisons with me, I will take a legall course with thee'? Did Hubbins then respond, 'Oh, I cry you mercie you are a worshipful knight'?

6. If any witness deposed that Hubbins did not use the 'uncivill demeanour menconed', he was to be asked if he was present for the entire argument, before and after, and if he remembered all the words between them?

7. If the witness deposed that Essex insulted or struck Hubbins, he was to be asked whether Hubbins provoked Essex first.

8. 'Whereas it is untruelie pretended that at the time and place afore mentioned Sir William Essex did beate or strike Hubbins or otherwise abuse him... whether hath not Hubbins brought his action of battery or assault or his action of case against Sir William Essex and William Reade the servant of Sir William Essex for their so striking and abusinge him, as is pretended, at the time and place aforesaid.' Had Hubbins recovered any costs and damages from this action?

Introduced 24 June 1638.

Signed by Arthur Duck

18/2m, Defence

4. 'I , William Hubbens came to Mr Lee's house to demand rent of Mrs Lee for the house, and that thereupon one William Reade, servant to Sir William Essex, came down out of the Mrs' chamber or some other room of the house and took me by the collar and asked me what I did there. Whereupon, I, answering that, came for my rent of the house, Reade then fell a shaking of me, and thereupon Reade and myself fell together by the eares, and thereupon Sir William Essex came downe out of his chamber, or some other roome, and called me rogue and told me all the parish knew what I was. And then I, in a respectfull manner to Sir William, plucking off my hatt and holding it in my hand, said to Sir William, Sir William you are a noble gentleman; I beseech you goe up to your chamber for I have nothing to say to you, but for your man who hath abused me. I will take a courte against him". Whereupon Sir William called me, 'Rogue' many times, and divers other ill names, and with his staffe struck me on the face. Whereupon, I said to the standers by, bear witness how Sir William abuses me without cause, upon which words Sir William bid his man take the rogue (meaning me), and flinge him out of doores, and then, upon Sir William's such words, Reade, Sir William's man, coming behind me, took me in his arms, and carried me out of doores, and flung me on the ground and fell upon me, and tore my band from my neck. And during the time Sir William did incite his man so to abuse me, and swore a great oath that if any parted them (meaning his man and me) he would knock them downe; and that at the time and place I had my band torn, and was much beaten and bruised by Read, and that, all the while, Read was there instigated and animated by his master, Sir William Essex.'

5. 'Alice Blake, a pretended witness produced by Sir William, in a solar in the house and at the time and place aforesaid, came down with Sir William as aforesaid, which, at the time and place aforesaid, called me many ill names and abused me very much in the presence of divers witnesses.'

6. 'William Read another witness produced by Sir William Essex was at the time of his testimony and examination, and is, household servant to Sir William, and the same party that injured and beate me as aforesaid.'

Introduced 14 December 1638.

Signed by William Monik.

Summary of proceedings

Dr Duck acted as counsel for Essex and Dr Merrick for Hubbins. Duck published the testimony of Essex's witnesses in November 1638, and Dr Merrick related the material for the defence in November and December 1638. The defence mustered statements from Francis Hodson, John Furnit, Merciam Hewster, John Jonnes and Thomas Goldsmith in January 1638/9. Proceedings ended on 23 February 1638/9 when Hubbins was incarcerated for contempt of court. The case was referred to the Earl of Huntingdon and Lord Maltravers to arrange a final agreement between the parties.

Notes

Sir William Essex of Bewcott, co. Berkshire, first baronet (c.1575-1645) was the son of Thomas Essex of Bewcott in Shrivenham, and Joan, daughter of Thomas Harrison. He was created a baronet on 25 November 1611. He married Jane, daughter of Sir Walter Harcourt of Stanton Harcourt, co. Oxford. He became a captain in the Parliamentary army and fought at Edgehill in the regiment of his only son, Charles Essex, where his son was killed and he was captured.

G. E. Cokayne (ed.), The Complete Baronetage, 1611-25 (Exeter, 1900), vol. 1, p. 99; W. H. Rylands (ed.), The Four Visitations of Berkshire, 1532, 1566, 1623, and 1665-6, vol. I (Publications of the Harleian Society, 56, 1907), pp. 24-5; W. H. Rylands (ed.), The Four Visitations of Berkshire, 1532, 1566, 1623, and 1665-6, vol. II (Publications of the Harleian Society, 57, 1908), p. 125.

Documents

• Initial proceedings
  • Plaintiff's bond: 7/108 (11 Apr 1638)
  • Libel: 20/3e (28 Apr 1638)
• Defendant's case
  • Plaintiff's interrogatories: 14/2gg (24 Jun 1638)
  • Defence: 18/2m (14 Dec 1638)
• Proceedings
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 422r-428r (28 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 474r-484v (5 Dec 1638)
  • Proceedings before Marten: R.19, fos. 488r-490v (12 Dec 1638)
  • Proceedings before Marten: R.19, fo. 491v (22 Jan 1639)
  • Proceedings before Maltravers: 1/9 (28 Jan 1639)
  • Proceedings: 1/7, fos. 36-47 (9 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Blake, Alice
• Duck, Arthur, lawyer
• Essex, Charles, esq
• Essex, Joan
• Essex, Thomas
• Essex, William, baronet
• Furnit, John
• Goldsmith, Thomas
• Harcourt, Jane
• Harcourt, Walter, knight
• Harrison, Joan
• Harrison, Thomas
• Hastings, Henry, earl of Huntingdon
• Hewster, Merciam
• Hodson, Francis
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hubbins, William, tailor
• Jonnes, John
• Marten, Henry, knight
• Merrick, William, lawyer
• Monik, William
• Reade, William, servant (also Read)
• Watson, John

Places mentioned in the case

• Berkshire
  • Beckett House
  • Shrivenham
• Middlesex
  • St Giles-in-the-Fields
  • St Martin-in-the-Fields
  • Westminster
• Oxfordshire
  • Stanton Harcourt
• Warwickshire
  • Edgehill

Topics of the case

• apparel
• assault
• civil war
• comparison
• contempt of court
• debt
• parliamentarian