166 Done v Babington

166 DONE V BABINGTON

Sir Ralph Done of Tarvin, co. Chester, knt v Henry Babington of All Hallows, Lombard Street, London, gent, silkman

November 1639 - May 1640

Abstract

Done complained that in March 1637 Babington had written him an insulting letter, which he later published, accusing Done of falsehood that 'savours more of a dunghill then a gentleman'. Done's son was apprenticed to Babington, a respectable London silkman, and had apparently been injured in the course of his work which led Done to threaten an appeal to the Chamberlain of London, thus prompting Babington's intemperate response. In July 1639, after a quarrel with the son in which he threatened to terminate his apprenticeship, Babington again called Sir Ralph 'a dunghill knight' in the presence of witnesses.

Process was granted on 4 November 1639, but soon after Babington regretted his outbursts and approached Thomas Bavand, esq, a London based Chester barrister, to arrange a reconciliation who then approached Done's counsel Dr Duck. Two of Sir Ralph's sons based in London, John, a soldier in the Bishop's Wars, and Edward, a linen draper, acted as intermediaries and a meeting took place with Babington at the Greyhound Tavern in Fleet Street. Meanwhile, on 20 March 1640, Bavand and John and Edward Done were examined before Thomas Trafford esq, at the inn of John Cottingham in Frodsham, Cheshire. John Savage, earl Rivers, and Thomas Savage, esq, headed the commission, but were apparently unable to attend. The settlement was finally agreed on 16 May when Done withdrew his complaint and agreed to bear half the charges.

Initial proceedings

2/138, Petition to Arundel

Done was descended from an ancient family. In March 1637 Henry Babington of the parish of Allhallows 'Lumber streete London, silkeman wrote a letter to your petitioner, wherein he used these words of your petitioner: what you say is false, and I say it is base and savours more of a dunghill then a gentleman; and the proposition that you made to me is both base and unconscionable, and I scorne your words; and about May 1637 he published the contents of the letter, and in the month of July 1639, in the parish of Allhallowes Lumardstreete, in the presence of divers witnesses, Henry Babington did use diverse opprobrious words against your petitioner, and said that he was a dunghill knight, thereby provoking your petitioner to a duell.'

Petitioned that Babington be brought to answer.

Maltravers granted process on 4 November 1639.

9/2a, Libel [in Latin]

Sir Ralph Done of Duddon, in the parish of Tarvin was descended of noble stock over the last 300 years. Between January and March 1637, in the parish of All Saints, Lombard Street, London, Babington presented the letter attached which he had written himself, or caused another to write for him, and to which he attached his signature, in which he declared that, "I had used base speeches, that he scorned my words, that I had sayd false, or sued falsity, that my wordes were so base and savoured more of a dunghill then a gentleman; that my propositions were base and unconscionable'. And on another occasion Babington had asserted that Done was 'a dunghill knight and a a poore knight' These were scandalous words, provocative of a duel and therefore Done prayed for relief.

9/2a, Letter exhibited with the libel

Henry Babington to Sir Ralph Done 'at his house in Doddon', London, 3 March 1637

'Sir Ralph Done, I much marvell at your base speeches in your letter to mee. First, to say that I lamed your sonne; and then that you had mee before the Chamberlin to receave the due reward for it. Sir, I would have you knowe that I scorne your words and, had it bin some other man that should have written to mee soe, I would have told him my mind in plainer termes. and this I will say that your betters woulde have scorned to have abused mee in soe grosse a manner to say that I lamed your sonne. I say it is false and you know that I wold have had the matter herd before the Chamberlin but you wold not. and for you to charge mee with a falsity, which I will take my oath of and you know this to be truth, I say it is base and savors more of a dunghill then a gentleman. But, to be short, that propossicon which I did propound was honest, which I will refer to the jud[g[ment of any honest man. and as for your propossicon, I say it is both base and unconscionable which I will refer to any too honest men. I will put it to the Chamberlin of London. and, whereas you say that I was audatious in my demaunds of a bond for his truth, I scorne your word and wold have you to know that my word shall pas for truth as well as Sir Ralph Done's at any tyme. and as for your bond I matter it not alone, neither will I accept it, but your promis was to mee to have Sir John Brune with you, which I will take my oath of. But to be short, for your son you shall not have him again, and because you say soe much I will not put your son in any trust at all wherby to ... him and soe shall hee spin out his tyme, and then I will... him ...and more I culd say. and as for your letter, I will show it to some gentlemen of facion [i.e.fashion?] and they shall judge of you accordinge to your defalts, and soe I rest, yours as I find you,

Henry Babington'

Plaintiff's case

9/2d, Letters commissory for the plaintiff

Addressed to commissioners Thomas, Earl Rivers, Thomas Savage, Thomas Trafford and John Worthine, esquires, to meet from 20 to 23 March 1640, at the inn of John Cottingham in Frodsham, co. Chester, with William Lewin D.D. named as the register and Edward Russell as the notary public.

Dated 4 February 1640

[Note that the letters commissory are here still attached to the original libel with the requisite slits cut in the lower edge of the document.]

9/2c, Appointment of proctor

Babington appoints William Grafton of Wich Malbank, co. Chester to act on his behalf in the cause.

Dated 10 March 1639/40.

10/12/21, Defence interrogatories

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

2. Was the witness a relative of Done and if so, by what degree? To whom would they give the victory if it were within their power?

3. If the witness deposed of any confessions by Babington, they were to be asked when such a confession was made.

4. Where and before whom was such a confession made?

5. In what part of the room were the witnesses of such a confession?

6. Why did Babington make the confession, in what words, who was present and what answer did Babington give to him that proposed any question to him? Let every witness express form of words precisely.

Signed by William Merrick.

[Document badly faded].

Dated 1639.

10/12/5, Third set of defence interrogatories

1. What was the witness's age, occupation and condition of living?

2. Was the witness a relative or household servant of the parties and to whom would they give the victory if it were within their power?

3. Did they see Babington write any letters to Sir Ralph Done? If so, where and when, and who was present?

4. Did the witness believe 'that the handwriting of a man may not be counterfeited so that it may not be known from the handwriting of him that counterfeited; and whether the pretended letter of Mr Babington to Sir Ralfe Done may not be the handwriting of another man than of Mr Babington'?

5. Had the witness been prompted or had conference with Sir Ralph Done, or with any of his witnesses 'concerning his business since the examinacon in this cause and what your discourse and conferences have been'?

No date.

Signed by William Merrick.

8/13, Plaintiff's depositions

Taken at the inn of John Cottingham in Frodsham, Chester on 20 March 1640 in the presence of '<the most noble lord John earl Rivers'> Thomas Trafford, esq, commissioner and Edward Russell, notary public and scribe.

Done produced in witness of his libel Thomas Bavand, esq, John Done, esq, Edward Done and John Cottingham.

Signed by Edward Russell and Thomas Trafford.

(Witness 1), Thomas Bavand of the city of Chester, esq, aged 40

To Done's libel:

1. 'Sir Ralph Done hathe for many yeares last past bene accompted and reputed a knight, and he is a knight as he beleeves, and proceedes from a very aunciently[sic] family in Cheshire and was cosin german, or a neare kinsman, to Sir John Done late of Utkinton in Cheshire knight deceased. And he hath credibly heard, and doth verily beleeve, that many of the auncestors of Sir Ralph Done were knights and gentlemen of good accompt and so commonly accompted and taken'.

2. About the beginning of Easter term, 1638, Sir Ralph Done sent the letter to Bavand, who carried it to Henry Babington in June 1638; and in Bavand's presence, Babington viewed the letter and acknowledged he had written it in his own handwriting and sent it to Sir Ralph Done. Bavand now 'vewing the letter says it is the same one'.

Signed by Thomas Bavand and the commissioner Thomas Trafford.

To Babington's interrogatories:

1. He was aged about 40, and was a lawyer and a barrister of the Inner Temple, London 'and hath been soe for severall yeares past'.

2. His wife was distantly related to Sir Ralph Done, 'and he saith he hath mediated an end to the busynes by friendship' between Done and Babington, and 'he (as a friend) did repair to the plaintiff's counsell Dr Ducke and had conference with him about the busynes, and he wisheth truth to take place'.

3-5. He was in the afternoon in Babington's shop in Lombard Street, London, in the company of Edward and Thomas Done, 'and others whom he did not know.'

6. When he brought the letter to Babington 'he marvailed why he should write such a letter to Sir Ralph Done'. Thereupon, Babington confessed he had written the letter and that he was sorry he had given Sir Ralph Done offence, and that he would submit himself and make acknowledgement of his error. Babington 'entreated Bavand to do him what favour he could for the ending of that difference'.

Signed by Thomas Bavand and the commissioner Thomas Trafford.

(Witness 2), John Done of Duddon, co. Chester, esq, aged 27

To Done's libel:

1. 'Sir Ralph Done hath bene for many yeares and yet is a knight and discended from an auncient family and howse in Cheshire called Utkinton, of which house and family for many hundred yeares there have bene diverse knights and gentlemen of very good sort in that county.'

2-4. Babington confessed to John Done that 'he had entreated his friend and partner Mr Kempe to go downe into Cheshire' to Sir Ralph Done, 'and had borne parte of his chardges to treate of a peace with him and to end the differences'.The witness 'conceives that this was to acknowledge that he had written the letter and to recognise the differences with him, for one John Robins, Kemp's man told John Done at Duddon in Cheshire that Babington did and had acknowledged that he had called Ralph Done 'a dunghill knight and a poore knight and had given it under his hand'. The witness claimed he had seen several letters under Babington's hand in which Babington confessed he had done Sir Ralph wrong, and comparing the handwriting in the letter it was clearly Babington's.

5. The letter was sent to Sir Ralph with intention 'to anger him and to disgrace him and to provoke him to discontent'.

Signed by John Done and the commissioner Thomas Trafford.

To Babington's interrogatories:

1 'He is about the age of 27; he is a knight's eldest sonne; he is a souldier, and cornett of a troupe of horse under Capt Herbert'

2. He is the son of Ralph Done. 'He hath treated with Dr Duck, the plaintiff's advocate about it by direccons from his father and he wisheth truth to take place'.

3. The confession predeposed was spoken by [Babington] in the Gray Hound Taverne in Fleet Street in London in the presence of himself and Thomas Done.

6. The confession was occasioned by treaty and discourse about the wrong done to Sir Ralph Done by Henry Babington, and Henry Babington's desire to make an end of the business with Sir Ralph Done.

Signed by John Done and the commissioner Thomas Trafford.

(Witness 3), Edward Done of Duddon, co. Chester, gent, aged 21

To Done's libel:

1. As witness 2.

2,3. The letter was in Babington's hand and was sent to Sir Ralph Done. He had heard Babington use base language about Sir Ralph Done, and from John Robins that he did call Done 'a dunghill knight and a poore knight'.

5. Babington's words were 'to disgrace and scandalise' Done 'and to provoke him to a quarrel'.

Signed by Edward Done and the commissioner Thomas Trafford.

To Babington's interrogatories:

1. 'He is a gentleman by birth and a linen draper by trade; and hath lived in London about 5 yeares'.

2. He is son to Sir Ralph Done and has acted as messenger to Dr Duck by commands from his father'.

3. He heard Henry Babington acknowledge the letter to Bavand in his shop in Lombard Street in an afternoon in June 1638 in the presence of servants.

Signed by Edward Done and the commissioner Thomas Trafford.

(Witness 4), John Cottingham of Frodsham, co. Chester, gent, aged 30

To Done's libel:

1. Sir Ralph Done 'heth bene for many yeares and is a knight discended from as auncyent a family of gentry as most is in Cheshire, for he hath known Sir John Done knight of the house from whence Sir Ralph Done came'.

To Babington's interrogatories:

1. He was about 30 years old, an innkeeeper in Frodsham.

Signed by John Cottingham.

Repeated before and signed by Rivers and Thomas Trafford.

Then signed by Edward Russell notary public.

Cur Mil 1631-1642, fos. 83v-85r, Plaintiff deposition

fos. 83v-85r (Witness 1), John Robins of Hillingdon, co. Middlesex, silkman, had lived there for 3 months, before that at St Edmund's, Lombard Street, London, for 2 years, born at Hillingdon, aged about 20

28 April 1640

To Done's libel:

1. Done was reputed a knight.

2. He had known Babington for 2 years and 'for about that tyme did live in house with Mr Babington, and hath often tymes seene his handwriting'. He believed the letter annexed to the libel now shown him was in Babington's handwriting.

4. About a year ago there was a quarrel between Mr Babington and his apprentice, who was the son of Sir Ralph Done. Babington came up the stairs of his house in Lombard Street 'and wished that he were ridd of Sir Ralph's sonne and that his time were out, whereto [Robins] answered that Sir Ralph Done's sonne needed not to care for that his father was a knight, whereto Mr Babington replied, Aye, a dunghill one', and 'a poore knight'.

To Babington's interrogatories:

2. Negative.

To Babington's second set of interrogatories:

1. He had seen Babington at his house in Lombard Street write letters to Done, but could not remember seeing him write this particular letter.

2. The letter annexed to the libel was in Babington's handwriting 'and that it is impossible for a man to counterfeit the handwriting of Mr Babington soe farre as to write the letter.'

Signed by John Robins.

Repeated in court before Sir Henry Marten, 28 April 1640.

15/4k, Consent to motion

'I Sir Ralph Done knight was contented and well pleased a mocon shall be made in the Court Military by Mr Doctor Ducke or by any other advocate for to have taken and delivered out of court there all libells, letters, depositions and other writings there heretofore put in, in a suite depending, wherein I, Sir Ralph Done, was complainant against Mr Henry Babington. And I promise to beare and pay the one half of the charges for the mocon and for taking out the writings. Witness my hand, May the 16^th, 1640.'

Signed by Ralph Done and witnessed by Francis Babington and John Houghton, senior.

Summary of proceedings

Dr Duck acted as counsel to Done and Dr Parry to Babington. On 4 February 1640, on Babington's behalf, Dr Parry objected to the libel and the cause was scheduled to continue to the first session of the next term.

Notes

Sir Ralph Done of Duddon appeared in the Cheshire Visitation of 1663 as the son of Thomas Done of Duddon. Sir Ralph married firstly Jane, daughter of Sir Valentine Browne of co. Lincoln, secondly Elizabeth, daughter of Sir John Savage, and thirdly Bridget, daughter of a Mr Doughty, a merchant of Bristol. Sir Ralph sired five sons before his death in January 1660.

A. Adams (ed.), Cheshire Visitation Pedigrees, 1663 (Publications of the Harleian Society, 93, 1941), p. 39.

Henry Babington did not appear in theVisitations of London:

J. J. Howard and J. L. Chester (eds.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 15, 1880); J. J. Howard (ed.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 17, 1883); J. B. Whitmore and A. W. Hughes Clarke (eds.), London Visitation Pedigrees, 1664 (Publications of the Harleian Society, 92, 1940); T. C. Wales and C. P. Hartley (eds.), The Visitation of London begun in 1687 (Publications of the Harleian Society, new series, 16 and 17, 2004), parts 1 and 2.

Documents

• Initial proceedings
  • Petition to Arundel: 2/128 (4 Nov 1639)
  • Libel: 9/2a (no date)
  • Letter exhibited with the libel: 9/2a (3 March 1638)
• Plaintiff's case
  • Letters commissory for the plaintiff: 9/2d (4 Feb 1640)
  • Appointment of proctor: 9/2c (10 Mar 1640)
  • Defence interrogatories: 10/12/21 (1639)
  • Third set of defence interrogatories: 10/12/5 (no date)
  • Plaintiff's depositions: 8/13 (20 Mar 1640)
  • Plaintiff's depositions: Cur Mil 1631-42, fo. 84 (28 Apr 1640)
  • Consent to motion: 15/4k (16 May 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Babington, Henry, silkman
• Bavand, Thomas, esq
• Browne, Jane
• Browne, Valentine, knight
• Cottingham, John, innkeeper
• Done, Bridget
• Done, Elizabeth
• Done, Jane
• Done, John, esq
• Done, John, knight
• Done, Ralph, knight
• Doughty, Bridget
• Doughty, Mr, merchant
• Duck, Arthur, lawyer
• Grafton, William
• Herbert, Captain
• Houghton, John, the elder
• Kemp, Mr
• Lewin, William, lawyer
• Parry, George, lawyer
• Robins, John, silkman
• Russell, Edward, notary public
• Savage, Elizabeth
• Savage, John, earl Rivers
• Savage, John, knight
• Savage, Thomas, esq
• Trafford, Thomas, esq
• Worthine, John, esq

Places mentioned in the case

• London
  • All Hallows, Lombard Street
  • Fleet Street
  • St Edmund's Lombard Street
• Middlesex
  • Hillingdon
• Cheshire
  • Chester
  • Duddon
  • Frodsham
  • Tarvin
  • Utkinton
  • Wich Malbank

Topics of the case

• Bishops' Wars
• chamberlain
• denial of gentility
• giving the lie
• insulting letter
• military officer
• scatological insult