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74 Callow V Heane 1 91 CALLOW V HEANE Rowland Callow of Llandogo, co. Monmouth, gent v Walter Heane of Littledean, co. Gloucester January 1635 – January 1637 Name index: 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 2 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) Place index: Forest of Dean 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 3 London Monmouthshire, Hadnock Llandogo Pilston Tintern Trelleck Whitchurch River Wye Wales Subject index: 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 Abstract The initial quarrel took place at the alehouse of Thomas Hopkin at Brockweir, 4 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. The two men were pulled apart by onlookers, but Callow again leapt on him and bit off a piece of his ear. For this Heane successfully prosecuted him at the hundred court at St Briavels on 6 October 1634 and then brought a suit in the court of Common Pleas. 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 5 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’. 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) 6 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) Notes 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.
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