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Transcribed by Helen Good
STAC 5/C5/27 - B Dn C I D - Mich 33/34 Eliz - Walter Cave v Ralph Ellerker, James Ellerker, Philip Dalton, Robert Clark, Alexander Smith
To the Queens most excellent Majesty our most gracious sovereign
In most lamentable and humble wise complaining sheweth your most excellent Majesty your poor dutiful and obedient subject and daily suppliant Walter Cave of your highness town of Kingston upon Hull in the County of the same Town of Kingston upon Hull gent That whereas your said subject is and ever from his youth hitherto hath lived in his vocation in very good credit and as good and faithful subject to your majesty and a quiet and peaceable manner among his neighbours in the said town of Kingston upon Hull. His suit is most gracious sovereign that one Ralfe Ellerker of Bisbye in the County of York gent. James Ellerker his brother, Phillipp Dalton Robert Clarke and Alexander Smyth riotous and disordered persons the two and twentieth day of April last past in riotous and unlawful manner arrayed and armed with swords Bucklers daggers and other weapons in the Town of Kingston upon Hull aforesaid did assemble and meet together, and so assembled made then repair the said two and twentieth day of April to the dwelling house of the said subject situate and being in the said town of Kingston upon Hull and into the same house did violently and forcibly enter and then and there very riotously forcibly and unlawfully did assault and set upon your said subject being in gods peace and your highness, And him did riotously forcibly unlawfully and very dangerously cut and wound in the head and him otherwise did beat and evil entreat in divers parts of his body in such sort as that your said subject was therewith very like to have died And then and there presently and most wickedly by them had been murdered had not the neighbours of the said subject near adjoyning upon the pitiful cry of the said subject’s wife and family come into the house and helped the said supplicant by intercepting their wicked enterprise and resisting and withstanding their unlawful attempt In tender consideration wherefore and to the end the said riot and intolerable misdemeanour may be duly examined in this most honourable court and the said offenders may receive condign punishments according to their deserts to the terror and example of others. May it therefore please your most excellent Majesty the premisses tenderly considered to grant to the said subject you highness most gracious writ of subpoena to be directed to the said Ralffe Ellerker James Ellerker Phillipp Dalton Robert Clarke and Alexander Smythe commanding them thereby at a certain day and on a certain pain therein to be limited personally to appear before your highness in yourMajesty’s high Court of Star Chamber then and there to answer the premisses And further to stand and to abide such order and direction therein as to your Majesty shall seem meet and convenient And your said subject according to his bounden duty shall daily pray to god for the prosperous preservation of your highness in all joy and happiness long to continue
The joint and several demurrer and Answers of Ralfe Ellerker James Ellerker defendants to the Bill of Complaint of Walter Cave gentleman complainant
The said defendants say and every of them for himself saith that the said bill of Complaint is in their opinion vain and frivolous and neither worthy to be examined in this honourable Court nor any such heinous offence (if it were true) as that it deserveth to be elsewhere heard and determined then in the place and before the magistrates of the said town of Kingston upon Hull where it is laid in the Bill to be Committed for were the offence such as is set forth in the bill to be it seemeth not such to these defendants as that it is meet to be brought out of the place and county where it was committed to trouble so honourable a presence with to the hindrance of matters of far greater importance And therefore these defendants do and every of them for himself doth under favour of this honourable court humbly demur in Law and demaund judgement if they or any of them ought to make any other answer to the said Bill yet nevertheless if these defendants shall be compelled to make any further answer to the said Bill (then all exceptions to the uncertainties and insufficiencies thereof and of other matters therein contained to them and every of them at all times saved) the said defendants for further answer say and every of them for himself saith in manner and form following that is to say he the said Raphe Ellerker for himself saith that whereas the plaintiff hath married and taken to wife Elizabeth Dalton one of the daughters of Thomas Dalton late of Hull aforesaid deceased by Ann his wife now a widow by which occasion of marriage after the death of the same Thomas Dalton his said decease did live and dwell with the Complainant in house. And this defendant having married an other of the said Dalton's daughters and repairing to the same town of Kingston upon Hull about the said two and twentieth day of April. last past mentioned in the bill about divers his necessary businesses had at his being there a desire to see the said widow his wife’s mother and lest that (which through the plaintiff many practices was almost wrought and brought to pass) he might not be welcome to her at the plaintiff's house he this defendant sent his servant Alexander Smith one other of the defendants to the said house to enquire how his said mother in law did, and to let her and the plaintiff know that if his the said Raphes coming thither should not be offensive to her or to the complainant that he would most willingly see her and speak with her and this defendant received from her that he should be to her very welcome whereupon he and his said brother James Ellerker one other of the defendants being in his company as coming to the town with him and attended upon only with the said Allexander Smyth repaired to the said complainant’s house and were there very well entertained and bid heartily welcome in all show both by the said defendants mother in law and by the complainant himself and while this defendant and his said mother in law were in loving and friendly talk and communication together this defendant heard high words proceed from the complainant towards the said James Ellerker his brother one other of the defendants and did see (as he admitteth) the dagger of the complainant drawn and looking towards them more earnestly did see the said James his hand hurt whereby this defendant did run to them and in running did draw his dagger (all the weapon that he then had about him) with a desire to part them whose coming the plaintiff perceiving and therewith suddenly (without all cause) offended turned himself towards this this defendant and made show or semblance to strike him which this defendant doubting did the more carefully look to himself and at the last the plaintiff rage increasing and growing furious towards this defendant he did in his own defence strike the complainant with his said dagger and as he thinketh broke his head with the blow And after that William Smith then mayor of the said Town of Kingston upon Hull a man greatly devoted to the complainant at his suite called these defendants before him and examined all the matter with all the circumstances and upon due proof of the truth found not the defendants guilty of any misdemeanour that either in his justice or favour towards the plaintiff he thought he could punish them for and therefore suffered them quietly to depart from him out of the town without any imprisoning of them or any of them And without binding them or any of them to the peace and without any more punishing of them And the same James Ellerker and Phillipp Dalton two other of the defendants said that after his the said James and the said Raphes coming to the complainant’s house the same Philipp Dalton came thither to see his said mother and finding the doors shut knocked thereat and it being to him opened he the said Philipp offered to enter in thereat and the Complainant shut the door upon him in very vigourous and dispiteful manner and thereupon being by the said James entreated to let the same Phillipp come in to the same house to see his said mother for the said James Ellerker saith that the said complainant suddenly fell into a great rage and said that the said Phillipp was his enemy in his fathers life and that he should not come in thither And with all bending his brows and drawing his dagger upon the said James stroke at him and hurt him grievously on his hand which the said James received on his bare hand having no weapon upon him either to hurt the plaintiff or defend himself with all And the said Alexander saith that all the misdemeanours alleged in the bill that he is not of them or of either of them guilty in such manner and form as they are therein set forth neither did he any thing then at all but attend on his said master as he usually before and since hath done. With all that the said Complainant is a quiet and peaceable man and hath lived in his vocation of very good credit to the knowledge of there defendants for as his Revenue is small so was his reputation little before he married the said Dalton's daughter which was against her fathers and friends will And by that enter marriage such is his behaviour he is so increased as that he may[?stand] in need of his own mouth to publish his own credit. And without that that these defendants or any of them did assault the said Complainant or violently and forcibly enter into the said Complainant’s house or did dangerously hurt or wound the said complainant otherwise then before is expressed or that he was in danger of death by any blow or stroke given him by the said defendants or any of them And without that that any other matter or thing Contained in the said Bill and in this Demurrer and answer is not answered unto confessed and avoided [?traversed [trau’sed]] or denied is to the knowledge of these defendants true And which things these defendants are ready to answer and prove as this honourable Court shall award and pray to be dismissed with their reasonable costs in this cause wrongfully sustained
Interrogatories to be administered to the witnesses praedicto on the party and behalf of Walter Cave gent complainant against Ralf Elleker esquire James Ellerker gent Philipp Dalton gent Robert Clark yeoman and Alexander Smyth yeoman defendants.
1. Imprimis whether do you know the complainant and defendants and Robert Dalton of Sutton gent or how many or which of them do you know
2. Item whether do you know or are privy that the said Ralfe Ellerker esquire and the residue of the said defendants or how many of them did come in and enter into the dwelling house of the said Walter Cave in Kingston upon Hull, yea or no. About what time did they so enter whether in or nigh the xxijth day of April in the xxxiijth year of the Queens Majesty's reign that now is, yea or no.
3. Item whether and in what place of the same dwelling house was the said Walter Cave when the said defendants did enter into the same whether within his dining parlour, yea or no. And whether did the said defendants or how many and which of them did enter into the same parlour when the said Walter Cave was there present, to your knowledge or remembrance.
4. Item what manner and how many weapons had the said defendants when they did enter and were in the said house, to your knowledge or remembrance.
5. Item whether do you know or did you hear the said Ralfe Ellerker say to the said Walter Cave and willed him to take him, the said Ralfe, for his mortal enemy or any such words to that or like effect. What were the same words or to what effect, where or about what time hard you the same, to your knowledge or remembrance
6. Item whether was the said Walter Cave at the time of the said defendants said entrance into his house and parlour disquieted and put in fear of them, yea or no. And whether were his wife and all other his household and servants then and there put in fear of and by the said defendants, yea or no, to your knowledge.
7. Item whether do you know that the said defendants were at their entering and coming into the said house and in one company assembled together and riotously came into the said house, yea or no, and how do you know this same.
8. Item whether did the said Ralfe Ellerker at his first coming into the said parlour say to the said Walter Cave these words viz.: What darest thou say of Robert Dalton and his wife, or any such words to that effect and what were the same words, to your knowledge or remembrance. And whether were the same words so spoken very earnestly and sharply to him, yea or no, and how know ye the same.
9. Item what answer made the said Walter Cave to the said words, whether did he answer and say that Robert Dalton and his wife were papists, yea or no.
10. Item whether do you know or verily believe in your conscience that the said defendants did malice and bear evil will to the said Walter Cave And did enter in to his house partly in behalf of the quarrel and behalf of the said Robert Dalton, yea or no. What was his quarrel or pretended grief to your knowledge, or as you think. Whether because the said Walter Cave had reported that it would be proved that he kept a Seminary in his house, or such like words, yea or no.
11. Item whether do you know or have heard credibly reported that the said Robert Dalton and his wife, or either of them, were Indicted or convicted and are or were in York castle for harbouring a Seminary contrary to the Queens laws, yea or no.
12. Item whether did the said Ralfe Ellerker strike cut and wound the said Walter Cave upon his head at the time that he was in his parlour, yea or no. How many of the said defendants were there then present and did countenance and assist him, to your knowledge, and which or how many of the said defendants did assault and beat the said Walter Cave, to your knowledge.
13. Item whether was the said Walter Cave then holden and with violent hands against his will thrust against the walls or doors and upon a chair in the same house, yea or no. By which or how many of the said defendants was he so used, to your knowledge or remembrance.
14. Item whether were the Queen’s subjects in the street disquieted and put in fear by reason of the same assault affray and breach of her Majesty’s peace and whether was it reported in the streets that there was or would be murder then in the said house, yea or no and how know ye the same
15. Item whether did you hear some of the said defendants in the said house say, kill him, meaning the said Walter Cave yea or no, which or how many of them did say so to your knowledge or remembrance.
16. Item how many swords or daggers were drawn by the said defendants and of their parts in the said house to your knowledge or remembrance.
17. Item whether do you know that the said Philipp Dalton (at the time of this riot misorder and usage within the said house) stand in the entry nigh the street door with his sword drawn in his hand and did stop and stay the wife and servants of the said Walter Cave for going forth of the said house to call for help. And did stop and stay other people and would not suffer them to come into the same house to make help or rescue, yea or no And what is your knowledge of this Interrogatory.
18. Item whether did you hear the said Robart Clarke or any other of the defendants say or talk that the said Walter Cave might be killed or slain, although that he escaped at the said time of his assaulting. And that within forty days he might be slain. And that the said gentleman would procure forty or threescore of the men or servants of Mr Tyrret, Mr Fitzwilliam and Mr Philip Constable to kill him. And if he escaped them that then Mr Ralfe Ellerker would hire a man to kill the said Walter Cave, yea or no, or any such like words, yea or no.
19. Item if you heard not the same or like words mentioned in the same xviijth Interrogatory what words did you hear reported reported by the said defendants, or which of them, tending to hurt or put in danger or fear of life or hurts of the said Walter Cave, and about what time or times and in what places did you hear the same words, to your knowledge or remembrance.
Examinations of witnesses taken (by virtue of her Majesty's commission) upon their oaths at Kingston upon Hull the xviiijth day of September in the four and thirty year of the reign of our sovereign Lady Elizabeth by the grace of God of England France and Ireland Queen, defender of the faith, etc. Before John Alred esquire William Bray and Anthony Burnsell named in the said commission upon interrogatories to them. Walter Cave plaintiff against Ralfe Ellerker and others defendants which commission and interrogatories are hear unto annexed.
Elizabeth Cave wife unto the said Walter Cave of Kingston upon Hull aforesaid of the age of xxjtie years or thereabouts, sworn and examined &c
1. To the first Interrogatory she saith she knoweth all the parties named in this Interrogatory
2. To the second she saith that all the defendants except Philipp Dalton entered in the house of the said plaintiff about the time mentioned in this Interrogatory, to her knowledge.
3. To the third she saith the plaintiff at such time as the said defendant came into the said house of the said plaintiff was in his parlour where useth to dine and sup. All which said defendants except Philopp Dalton aforesaid came into the said parlour the plaintiff then being there present.
4. 5. To the iiijth and vth she cannot depose.
6. To the vjth she saith that to her thinking the plaintiff her husband and one maid servant called Elizabeth Dollyf were disquieted and put in fear / And for this examinant her self she saith she was put in fear by the said defendants.
7. To the viijth she saith that all the foresail defendants, except Philipp Dalton were together in one company that is to say Ralfe Ellerker and James Ellerker his brother with Robart Clarke and Alexander Smythe the foresaid plaintiff, husband to this examinant, being contented (as she thinketh) that the foresail Ralfe Ellerker should come into the house, there rushed into the house with him his said brother James Ellerker, and the and the other two defendants being serving men. And this she knoweth to be true because she saw the same.
8. To the viijth she saith that the said Ralfe Ellerker and James Ellerker said to the plaintiff, what cant thou say or darest thou say touching Robart Dalton my brother in law and my Sister his wife. And these words this examinant heard spoken in very earnest and sharp manner.
9. To the ninth she saith that the matter mentioned in this Interrogatory she knoweth to be true.
10. To the xth she saith that she thinketh that the said Ralfe Ellerker had malice against the said plaintiff because the same plaintiff had had reported that it would be proved that the said Robert Dalton kept a seminary. /
11. To the xjth she saith she knoweth the matter concerned in this Interrogatory to be true.
12. To the xijth she saith that at the time when the said defendants were in the house, The said Philipp Dalton knocked at the door desiring to come in, and the plaintiff said he should not come in. Whereunto the said Ralfe Ellerker answered that he should come in and see his mother who was there in the house. About which matter the said plaintiff and the said Ralfe Ellerker wrestling to have had the same Philipp Dalton come in, the said Ralfe Ellerker drew his dagger and cut the said plaintiff in the head. And she further saith that the other defendants, which were then in the house, were all wrestling together with the said Walter Cave. And further to this Interrogatory she cannot depose.
13. To the xiij she cannot depose.
14. To the xiiijth she saith that she went into the Street and cried that they would kill her husband.
15. 16. To the fifteenth and xvjth she cannot depose other wise than she hath before deposed.
17. To the xvijth she saith that the said Philipp Dalton stood in the entry near the door and would have stayed this examinant, being his sister, from crying in the street and that he had a sword in his hand but whether it was drawn or no she knoweth not and further to this Interrogatory she cannot depose.
18. 19 To the xviijth and xixth she cannot depose.
Elizabeth Smarthwaite wife unto William Smarthwaite of Kingston upon Hull aforesaid mariner of the age of fifty years or thereabouts sworn and examined &c.
1 To the first Interrogatory saith that she knoweth the said Walter Cave Robert Dalton & Philipp Dalton and further to this Interrogatory she cannot depose.
2. 3. 4. 5. 6. 7. 8. 9. 10. To the second third iiijth vth vjth vijth eight ixth and tenth she cannot depose.
11. To the xjth she saith that she hath heard the said Robert Dalton was in prison for papistry and further to this Interrogatory she cannot depose.
12. To the xijth she cannot depose.
13. 14. To the xiijth and xiiijth she saith that the said plaintiff came into the street and cried murder, and thereupon she this examinant went into the house of the said Walter Cave, many moe being at the door, and when she came in the same two men in blue coats stand by the said Walter Cave on either side of him, and they had him by the arms. And further to this Interrogatory she cannot depose
15. To the xvth she cannot depose.
16. To the xvjth she saith that one Mr Ellerker had a sword drawn in his hand which he held upright, and that she took him by the arm and willed him as he was a gentleman to stay and not to loose body and goods and kill a man cowardly, and thereupon he turned his back and went away forth of the doors, and offered not to strike in this examinants sight neither before nor after.
17. To the xvijth she saith that the said Philipp Dalton stood in the entry and willed this examinant not to go in for there was no hurt done, and that nevertheless he did not stay her nor any other to her knowledge . And she know not whether the same Philipp Dalton had a sword or no.
18. 19. To the xviiijth and xixth she cannot depose.
Elizabeth Dollyffe of Kingston upon Hull aforesaid single woman of the age of xxiiijtie years or thereabouts sworn and examined &c
1. To the first Interrogatory saith she knoweth all the parties named in this Interrogatory.
2. 3. 4. 5. To the second third iiijth and vth she cannot depose.
6. To the vjth she saith that she being in another room of the said house heard the said Walter Cave his child cry, and then she came into the house where she saw the said plaintiff and some of the defendants striving in the house, and that she took the child forth of the house being afraid and went forth.
7. 8. 9. 10. To the vijth viijth ixth and tenth she cannot depose.
11. To the xjth she saith that she hath heard this Interrogatory to be true.
12. to the xij she saith that whether Mr Ellerker did wound or strike the said Walter Cave or no she knoweth not, but that the said Mr Ellerker had a dagger drawn in his hand, And that the said Walter Cave his head was broken.
13. To the xiijth she cannot depose.
14. To the xiijth she saith that the wife of the said Walter Cave went out into the street and cried murder. And further to this Interrogatory she cannot depose.
15. To the xvth she cannot depose.
16. To the xvjth she cannot depose otherwise then she hath deposed to the xijth.
17. 18. 19. To the xvijth xviijth and xixth she cannot depose.
Interrogatories to be ministered to such witnesses as are to be producted sworn and examined on the party and behalf of Ralfe Ellerker esquire and other defendants against Walter Cave, complainant. And counter interogatories to be ministered to such witnesses as are to be producted sworn and examined on the party and behalf of the said Walter Cave complainant.
1. Inprimis whether did the said Ralfe Ellerker one of the defendants before his coming to Walter Cave his house on the xxijth day of April mentioned in the Bill of complaint send thither to know whether he might be welcome or no, And what answer had he thereof to your knowledge or remembrance.
2. Item how many men came with the said Ralfe Ellerker, and after what sort, and how were they furnished with weapons and with what manner of weapons, or whether were his servants moe in number then ordinarily he rideth withall to your knowledge or remembrance, and how know you the same to be true.
3. Item whether did the said Ralfe Ellerker or such company as came with him talk and drink in familiar and friendly sort with the said Walter Cave after their coming to his house: And whether did you hear the said Ralfe Ellerker offer to send for the wine or no.
4. Item whether do you know the cause of their sudden falling forth or no, or have you heard it reported.
5. Item whether did you see the said complainant draw his dagger before any other in the house offered to draw or lay hand upon any weapons, or no. And being drawn whether did you see him offer to strike or stab the said Ralfe Ellerker or his brother James Ellerker two of the defendants, or either of them. And whether was he stayed by some in the company from so doing, or no, and by what means, and whether was he stayed only by the arm without other violence offered at that present, to your knowledge or remembrance
6. Item whether did Philipp Dalton an other of the defendants came to the house of the said Complainant in the company of the said Ralfe Ellerker or no, and what was his business to your knowledge or as you have heard reported, or whether did you see the said Philipp Dalton enter into the house of the said complainant at that time or no.
7. Item whether after the foresaid falling out or affray did not the mayor of Kingston upon Hull and his brethren send as well for the said plaintiff as all the defendants examining the whole cause, And what appeared unto them to have been committed by the said defendants and what order took they therein to your knowledge.
Examinations of witnesses taken upon their oaths at Kingston upon Hull aforesaid the said day and year before the said John Alred, William Bray and Anthony Burnsall upon interrogatories to them ministered on the party and behalf of Ralfe Ellerker and others defendants against Walter Cave complainant, which Interrogatories are herewithal annexed
Elizabeth Cave aforesaid wife to the said plaintiff of the age of xxjtie years or thereabouts sworn and examined &c
1. To the first Interrogatory she saith she cannot depose.
2. To the second she saith that the said Ralfe Ellerker useth to ride sometime with two men sometime with moe and sometime with one And that the said Ralfe Ellerker had then two men, whereof one was servant to his brother in law Mr Robert Dalton.
3. To the third she saith that the said Ralfe Ellerker then did offer to send for wine and that she, this examinant, would not suffer him but sent for it her self. and after the said Ralfe Ellerker, his brother, her mother Mrs Dalton, and she drank of the same wine, and whether the said Walter Cave her husband drank of it or no she remembreth not, and further what frendlie meaning was amongest them she knoweth not.
4. To the forth she saith that at the time when the said defendants were in the house, the said Philipp Dalton knocked at the door desiring to come in, and the plaintiff said he should not come in. Whereunto the said Ralfe Ellerker answered that he should come in and see his mother, who was there in the house. About which matter the said plaintiff and the said Ralfe Ellerker wrestling to have had the said Philipp Dalton come in the said Ralfe Ellerker drew his dagger and cut the said plaintiff in the head. And she further saith that the other defendants, which were then in the house were all wrestling together with the said Walter Cave, and further to this Interrogatory she knoweth not to depose.
5. To the fifth she cannot depose.
6. to the vjth she cannot depose otherwise than she hath deposed to the iiijth Interrogatory.
7. To the vijth she cannot depose.
Edward Wakefeild of Kingston upon Hull aforesaid Alderman of the age of liiijtie years or thereabouts sworn &c
1. 2. 3. 4. 5. 6. To the first second third iiijth vth and vjth he cannot depose.
7. To the vijth he saith that at the said time their came one to Mr Mayor and his brethren being assembled about the affairs of the town and told him that their was like to be murder at the house of the plaintiff whereupon the said Mr Mayor sent for the said Ralfe Ellerker one of the defendants and said to him that he must take him bound to keep the peace. And the said Mr Ellerker said that he was very loathe to be bound to the peace, and that it should not need for he would not offer any force to the plaintiff or any for him as he was a gentleman, and thereupon he gave Mr Mayor his hand and promised that he would not molest or draw any weapon of the said Cave. And this examinant saith that he did nor hear or know that the said Mr Ellerker did molest or trouble the said Walter Cave since that time. And further to this Interrogatory he cannot depose.
Leonard Willan of Kingston upon Hull aforesaid Alderman of the age of lx tie years or thereabouts sworn and examined &c
1. 2. 3. 4. 5. 6. To the first second third fourth vth and vjth he cannot depose
7. To the vijth he saith in all things as the said Edward Wakefeild hath before him deposed And further that at the said time the said Mr Elleker said to the said Mr Mayor that before the time of his coming to the house of the said Walter Cave he sent to the said Walter Cave and his mother in law Mrs Dalton to know whether he might come thither or not to see her and that he had word sent that he might be welcome, and thereupon he went, And that Philipp Dalton came to the door and would have come in after him, the said Ralfe Ellerker, and that the said plaintiff came to the said Philipp and said that he should not come, and thereupon they grew into words and that the said Mr Elleker did then break the head of the said Walter Cave, which he did because that the said Walter Cave had his dagger drawn against his brother James Ellerker who had nothing in his hand.
Robert Dalton of Kingston upon Hull aforesaid Alderman or the age of xlj tie years or thereabouts sworn and examined &c
1. 2. 3. 4. 5. 6. To the first second third iiijth vth and vjth Interrogatory he cannot depose
7. To the vijth he saith in all things as the said Edward Wakefeild and Leonard Wyllan have before him deposed: And further that about Michaelmas last he, this examinant, was at the house of Mr William Richardson then Mayor of Kingston upon Hull at which time there came two witnesses for the same Mr Ellerker whose names he knoweth not but he thinketh they were serving men and deposed before the same mayor in all things as the said Leonard Willan hath before deposed to be reported by the said Mr Ellerker to the said mayor of Kingston upon Hull at the time of his sending for: And further that to their knowledge there was no intent of any assault or affray at the coming of the defendants to the house of the said plaintiff And this examinant saith that the said Mr Ellerker then had a certificate of the depositions of the said witnesses then taken before the said Mayor.
Elizabeth Dolliffe aforesaid of the age of xxiiijtie years or thereabouts sworn and examined etc.
1. To the first Interrogatory she saith that she heard the said Walter Cave being the plaintiff confess that Mr Elleker had sent to know whether he might come to speak with Mrs Dalton his mother in law, And that the said Walter Cave also said that he asked the same Mrs Dalton whether they might come or no, and that she said to him that they should come, and that thereupon the said Walter Cave was also content that the said defendants should come in to her.
2. To the second she saith that the said Mr Ellerker useth to ride sometime with one man, sometime with two and sometime more And that there was then with him his brother and two serving men, and what weapons they had she knoweth not.
3. To the third he saith that the said Mr Ellerker his man would have given money to this examinant to have fetched wine. And that the wife of the plaintiff would not suffer her to take it, but gave her money and sent her for the wine. And further to this Interrogatory she cannot depose.
4. To the iiijth she saith that Philipp Dalton one of the defendants would have comen in at the door of the said house of the said Walter Cave: And the said Walter said he should not: And the said Mr Ellerker desired that he might come in to ask his mother blessing: And the said Walter Cave denied saying if he would he should ask blessing at the door, and then the said Mr Ellerker said he should come in, and thereupon she thinketh the falling out was. And further to this Interrogatory she cannot depose.
5. To the vth she cannot depose.
6. To the vjth she saith that the said Philipp Dalton did not come into the house with the said Mr Ellerker but that he came to the door something after. And further she saith as she hath said to the iiijth Interrogatory.
7. To the vijth she cannot depose.