302 Hogan v Patricke

The Court of Chivalry 1634-1640.

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302 HOGAN V PATRICKE

Sir Thomas Hogan of Castle Acre, co. Norfolk, knt v John Patricke of the same, yeoman

May 1636 - January 1638

Abstract

Hogan complained that Patricke had claimed he was as good a man, 'except his knighthood'. Patricke maintained that he had been provoked by Hogan, but admitted that he had told Sir Thomas that he had a foul mouth. In May 1636 Maltravers appointed Richard Townsend and Francis Astley to mediate, but although they found that Hogan's petition was justified they were unable to reconcile the parties. The case was referred back to the court on 5 August 1636 and by 14 October 1637 Hogan's witnesses had been examined. Patricke was charged with £20 in expenses by the sentence on 27 January 1638, but no indication of damages or submission survives.

Initial proceedings

12/1z, Petition

'One John Pattrick of Castleacre, yeoman, in the county of Norfolk did the 4th of March last past, in a most peremptory manner (together with other unbefitting termes) compare himselfe to be as good a man as your petitioner; and added thereto many other provokinge speeches tendinge much to your petitioner's disparagement'.

Petitioned that Patrick be brought to answer.

No date.

12/1y, Certificate by referees

Richard Townsend and Francis Astley to Henry Lord Maltravers, 'Lord Marshall of England for the tyme being':

'According to a reference made to us by your lordship's letters dated 27 May last past, we called before us John Pattricke of Castle-acre, and such witnesses as Sir Tho. Hoogan desired to produce to make proof of the complaint of certaine wordes delivered by Pattricke tending to his disparagement, as in this petition to your lordship is particularly set downe. And upon the examination thereof, and hearing of such proofes as were offered unto us, we doe verily believe that Patrick did speake the words in the petition expressed. And further Patrick did before us acknowledge, that upon some speeches of provocation given him by Sir Thomas Hoogan he had formerly told Sir Thomas Hoogan that he had a foule mouth on his owne. And for that we could not reconcile the parties, nor in our power to apply a fitting remedy for the repaire of Sir Thomas Hoogan, we (together with the enclosed) *humbly* offer this account both of your lordship's commands and service herein required.'

Dated 5 August 1636.

Signed by Richard Townshend and Francis Astley.

Plaintiff's case

14/1u, Defence interrogatories

1. Was the witness related to either of the parties and if so by what degree? Was the witness a servant or indebted to the parties, and if so by what amount?

2. What was the age, occupation and condition of the witness. Where had the witness lived for the past ten years?

3. What were the formal words spoken, when and where; and what were the provoking words spoken immediately beforehand, by whom and in whose presence? The witness was to relate all passages of speech 'as neere as he cann'.

4. Was the witness present in the same room or yard as Patricke when he spoke the words, 'or only passing by without making stay'? The witness was to name all the persons present in the room, yard or place, and who went in and out.

5. Had Hogan said to Patricke 'you are a brazen faced knave, you are a lying knave'?

6. Had Sir Francis Astley and Sir Thomas Gay since examined Mr Thomas Gay? Had Gay affirmed that he did not hear Patricke say to Hogan that he was 'as good a man as Sir Thomas Hogan was except his knighthood'?

7. Speak the truth of what you know, believe or have heard.

No date.

Signed by Thomas Eden.

Sentence / Arbitration

13/1g, Plaintiff's sentence

Patricke had said that 'hee was as good a man as Sir Thomas Hogan excepting his knighthood or words to that effect', with no amount entered for damages but £20 entered for expenses.

13/1f, Defendant's sentence

Expenses left blank indicating that no expenses awarded to him.

13/1h, Plaintiff's bill of costs

Easter term, 1637: £9-8s-2d

Trinity term, 1637: £3-15s-0d

Vacation following: £20-13s-4d

Michaelmas term, 1637: £8-0s-0d

Hillary term, 1637: £11-5s-0d

Total: £53-11s-0d

Signed by Arthur Duck

Taxed at £20.

Summary of proceedings

Dr Lewin acted as counsel for Hogan and Dr Talbot for Patricke. By 14 October 1637 Hogan's witnesses had been examined and the court called for their testimony to be published. This was done on 31 October and Dr Talbot presented material for the defence in November. Patricke was charged with £20 in expenses by the sentence on 27 January 1638.

Notes

Sir Thomas Hoogan of Great Dunham, co. Norfolk, knt (1580-1656) was the son of Anthony Hoogan of Castle Acre, gent, and Eleanor, daughter of Thomas Payne. Thomas was knighted in 1603, and he married Mary, daughter of George Colt of Cavendish, co. Suffolk. There are Patricks of Castle Acre mentioned in the 1664 Visitation, but no John Patrick.

A. W. Hughes Clarke and A. Campling (eds.), The Visitation of Norfolk, anno domini 1664, part I (Publications of the Harleian Society, 85, 1933), p. 102; A. W. Hughes Clarke and A. Campling (eds.), The Visitation of Norfolk, anno domini 1664, part II (Publications of the Harleian Society, 86, 1934), p. 160.

Documents

  • Initial proceedings
    • Petition: 12/1z (no date)
    • Certificate by referees: 12/1y (5 Aug 1636)
  • Plaintiff's case
    • Defence interrogatories: 14/1u (no date)
  • Sentence / Arbitration
    • Plaintiff's sentence: 13/1g ([27 Jan 1637/8])
    • Defendant's sentence: 13/1f (no date)
    • Plaintiff's bill of costs: 13/1h (Hil 1637/8)
  • Proceedings
    • Proceedings before Arundel: 8/26 (14 Oct 1637)
    • Proceedings before Maltravers: 8/27 (14 Oct 1637)
    • Proceedings before Maltravers: 8/28 (31 Oct 1637)
    • Proceedings before Maltravers: 8/29 (18 Nov 1637)
    • Proceedings before Maltravers: 8/30 (28 Nov 1637)
    • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1637/8)

People mentioned in the case

  • Astley, Francis
  • Astley, Francis, knight
  • Colt, George
  • Colt, Mary
  • Eden, Thomas, lawyer
  • Gay, Thomas, knight
  • Gay, Thomas, Mr
  • Hogan, Anthony (also Hoogan)
  • Hogan, Eleanor (also Hoogan)
  • Hogan, Mary (also Hoogan)
  • Hogan, Thomas, knight (also Hoogan)
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Lewin, William, lawyer
  • Patricke, John, yeoman (also Pattricke, Patrick)
  • Payne, Eleanor
  • Payne, Thomas
  • Talbot, Clere, lawyer
  • Townsend, Richard (also Townshend)

Places mentioned in the case

  • Norfolk
    • Castle Acre
    • Great Dunham
  • Suffolk
    • Cavendish

Topics of the case

  • arbitration
  • comparison