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1 322 HUNTINGDON V HAWKES Henry Hastings, Earl of Huntingdon V Edward Hawkes the Elder of Derby, Skinner March 1639

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1 322 HUNTINGDON V HAWKES Henry Hastings, Earl of Huntingdon V Edward Hawkes the Elder of Derby, Skinner March 1639 1 322 HUNTINGDON V HAWKES Henry Hastings, Earl of Huntingdon v Edward Hawkes the elder of Derby, skinner March 1639 – March 1640 Name index: Berridge, William, minister Buckley, Robert, husbandman Buxton, John, gent Catesbie, Mr, gent (also Catesby) Chesterfield, P. Coke, William Cotton, Thomas, gent Duck, Arthur, lawyer Every, Simon Gregson, Henry, gent Hastings, George, earl of Huntingdon Hastings, Henry, earl of Huntingdon Hastings, Henry, baron Loughborough Hawkes, Edward, the elder, skinner Hawkes, Hammond, cooper Hawkes, William, skinner Holme, Thomas, yeoman Horton, Christopher Howard, Henry, baron Maltravers Howard, Thomas, earl of Arundel and Surrey Lewin, William, registrar Major, John, gent Martin, Richard, gent Merrick, William, lawyer Murchin, Ralph Newton, Roger, yeoman Noel, Edward, notary public Palmer, Robert, vicar Rainshawe, John Spicer, William, innkeeper Stanley, Ferdinando, earl of Derby Terrick, Humphrey, registrar Ward, John Watson, John Will, Edward, Professor of Theology Place index: Derbyshire, Bakewell Brassington Derby Duffield 2 Stenson Weston-upon-Trent Leicestershire, Barrow upon Soar Leicester Shepshed London, St Christopher’s, near the Exchange St Gregory’s, Botulph Lane Subject index: assizes coat of arms comparison insult before gentlemen other courts royalist Abstract Huntingdon complained that between August and October 1638 in Derby, in Hawkes’s house in the presence of several gentry, Hawkes said that ‘the Earl of Huntingdon was a sott, a man of no esteeme in church or comonwealth, and hath nothing in him but his gutts, and he was good for nothing but to go up and down sayinge hum, hum, hum; and that himself was a properer gentleman than the earl of Huntingdon.’ He also complained that between November and January 1639, again in his own house in the presence of gentry, Hawkes ‘said that hee heard the earl of Huntingdon was married to a great lady but surely she was some Prodigall huswife that would marry him; and if she married him it was for nothinge but precedence, for the Earle had nothing for her but precedency.’ Dr Duck presented the libel on Huntingdon’s behalf on 19 March 1639. Huntingdon’s witnesses were examined on 10 September 1639 by a commission headed by William Berridge DD, minister of Barrow on Soar, at the Angel Inn in Derby. These revealed that Hawkes was the jailer for Derby and by dint of this office had pretensions to being a gentleman, claiming a coat of arms which came to him as a freeman of the Skinners’ Company. The case was clearly an unequal contest, especially as Huntingdon had regularly sat among the judges in the court in other cases. Hawkes was sentenced to pay £500 damages to the Earl and 100 marks expenses on 4 February 1640. He was also ordered to make submission before the judge of the assizes at Derby on 19 March 1640 at which he was to acknowledge that the sentence was just, apologise for his scandalous words, ‘malitious sawciness and causeless presumption’, and thank the Earl for remitting the £500 damages. But in the final version of the submission he was not encouraged to repeat his original libel in public. Documents 3 Initial proceedings Libel: 9/3/1b (19 Mar 1639) Personal answer: 19/7d (no date) Plaintiff’s case Letters commissory for the plaintiff: 9/3/1a (9 Jun 1639) Letters substitutional: 9/3/1c (9 Aug 1639) Plaintiff’s depositions: 9/3/1c (11 Sep 1639) Submission Submission: 4/36 (no date) Submission: 4/34 (no date) Bond on submission: 2/45 (no date) Submission and certificate of submission: 18/4l (19 Mar 1640) Proceedings Proceedings before Arundel: 1/6, fos. 12-17 (19 Mar 1639) Proceedings before Maltravers: 8/31 (4 Feb 1640) Notes Initial proceedings 9/3/1b, Libel 1. Huntingdon had been lord lieutenant of Leicester and Rutland for at least twenty years and since the age of his majority had been one of the king’s nobles, earl of Huntingdon, Baron Hastings, Hungerford, Botreaux, Molins and Morles. Edward Hawkes was the county jailer for Derbyshire and was of plebeian descent. 2. Between August and October 1638 in the town of Derby, Edward Hawkes in a public place and in the presence of persons of dignity and gentility said that ‘the earl of Huntingdon was a sott, a man of no esteeme in church or comonwealth, and hath nothing in him but his gutts, and he was good for nothing but to go up and down sayinge hum, hum, hum; and that himself was a properer gentleman than the earl of Huntingdon.’ 3. Between November and January 1639 again in Derby in a public place in front of persons of dignity and gentility ‘he said that hee heard the earl of Huntingdon was to be married to a greate lady but that shee was some prodigell huswife that would match with him for precedency only for that hee had nothing for her but precedency.’ Prays for relief on the basis of the scandal of such words liable to provoke a duel. No date. Signed by Arthur Duck. 19/7d, Personal answer 1. He believed this article was true. 2-4. He did not believe these articles were true. No date. 4 Signed by Edward Hawkes, senior. Plaintiff’s case 9/3/1a, Letters commissory for the plaintiff Addressed to commissioners William Berridge D.D., rector of Barrow upon Soar, co. Leicester, Robert Palmer clerk, vicar of Shepshed, co. Leicester, Richard Martin and John Major, gents of the town of Leicester, and also Edward Will…. Professor of Theology, Mr Catesbie of Duffield, gent, Henry Gregson, gent, and Thomas Cotton, gent, to meet from 10 to 12 September 1639 at the Angel Inn in Derby. Dated 9 June 1639. Humphrey Terrick, registrar, nominated Edward Noel as notary public. 9/3/1c, Letters substitutional Letter from Arthur Duck acting as counsel for Huntingdon addressed to John Major, gent, commissioner nominating John Ward and Edward … to act on his behalf. Dated 9 August 1639. 9/3/1c, Plaintiff’s depositions Taken before commissioners William Berridge, Robert Palmer, Richard Martin, John Major and Henry Gregson at the Angel Inn belonging to William Spicer in Derby on 10 September and the town of Brassington, co. Derby, on 11 September 1639 (Witness 1), Thomas Holme of Stenson, co. Derby, yeoman, aged about 25 To Huntingdon’s libel: 3 About a week before Christmas 1639 he was in Edward Hawkes’s house in Derby, when Hawkes said he heard that the earl of Huntingdon was to be married to a greate ladie but surely she was some prodigell huswife that would marrie him and if she married him it was for nothinge but precedencie for the earle had nothing for her but precedencie.’ Also present were John Buxton and Ralphe Murchin. Signed by Thomas Holmes and the commissioners William Berridge, Robert Palmer, Richard Martins, John Major and Henry Gregson (Witness 2), Robert Buckley of Weston-upon-Trent, co. Derby, husbandman, aged 51 To Huntingdon’s libel: 1. ‘He had heard it commonlie said that the earl of Huntingdon was and is lord lieutenant of the counties of Leicesterhsire and Rutland, and he knew that Edward Hawkes had been the county jailer for Derby for about 8 years. And Hawkes ‘is no otherwise a gentleman then by his place.’ 2. In October 1639 he was in Hawkes’s house when he heard him say that Huntingdon was ‘ a sott and that hee is of noe estimacon and is neither good for the comonaltie nor the church with nothinge in him but his gutts; and is good for nothing but to go up 5 and downe and saye hum, hum; and that he Edward Hawkes was as good man and as proper a mann as the earle of Huntingdon.’ And he did ‘conceive that Hawkes did speake the wordes to the scandall of the earle’, with several others present whose names he did not remember. Signed by Buckley with his mark and by the five commissioners. (Witness 3), John Buxton of Brassington, co. Derby, gent, aged about 40 To Huntingdon’s libel: 1. He had heard that for 12 years past or longer Huntingdon had been lord lieutenant of Leicester and Rutland. The earl was ‘one of the peeres and nobles of this land and his auncestors have so bin before; and so it is commonlie accounted and reported.’ Hawkes had been jailer for Derby for upwards of five years and Hawkes was ‘not reputed to be a gentleman that he knoweth or hath heard of, saveinge that he hath seene a coate of armes in the hands of Hawkes which Hawkes said was his coate but said he … by the companie of Skinners being free of that companie.’ 2. There were ‘some speeches which happened to be spoken’ in Hawkes’ house last October ‘concerning some of the nobilitie of this land’. Hawkes then declared that Huntingdon was ‘a sott, doth noe good to church or comonwealth and had nothing in him but his gutts, is good for nothing but to ride up and downe in the park in his charriott and saye hum, hum, hum.’ Hawkes said ‘I am a properer gentleman than the earle of Huntingdon’, in the hearing of Robert Buckley and Roger Newton. 3. Again in Hawkes’s house, he heard him say that ‘he had been abroad and had heard one say that the earle of Huntingdon was to be married; and thereupon Hawkes said that she was some prodigell huswife that would marrie the earle. She married him for precedencie onlie and nothing for her but precedencie’ which he said in the presence also of Thomas Holmes. 4. He conceived that Hawkes had said this ‘to scandalise the earle and his honor.’ Signed by John Buxton and the five commissioners.
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