183 Dudley v Downes

183 DUDLEY V DOWNES

Edward Sutton, 5^th Baron Dudley, of Dudley Castle, co. Worcester and Humble Ward of Himley, co. Stafford, gent v John Downes, attorney, and William Keysall of Sedgley, co. Stafford, miller

April - October 1640

Abstract

Lord Dudley and Ward, the husband of his grand-daughter, complained that on 24 January 1640 Downes and Keysall forcibly took possession of a water mill from Lord Dudley's tenants and, as they did so, 'fell into high wordes against the Lord Dudley', calling his grand-daughter a whore and Ward a 'beggarly rogue'. John Downes drew his sword and exclaimed that if Lord Dudley was in the mill he 'would pull him out by head and shoulders'. Keysall and Downes' defence was that the tenants Richard Harvey and Humfrey Davies had refused to surrender possession of the mill, in spite of being ordered to do so by the undersheriff. Ward commenced a suit in Chancery over the same incident. The plaintiffs' witnesses were examined in June 1640, and material for the defence in November and December. On 4 December, on behalf of the plaintiffs, Dr Talbot petitioned to hear sentence, but the case was lost with the suspension of the court's sittings.

Initial proceedings

5/13, Defendant's bond

29 April 1640

Bound to 'appear in Arundel house in the Strand without Temple Bar, London'.

Signed William Keysall [his mark]

Sealed signed and delivered in the presence of John Watson

Plaintiff's case

Cur Mil 1631-1642, fos. 151v-156r, Plaintiff depositions

fos. 151v-154r (Witness 1), Richard Harvey of Himley, co. Stafford, husbandman, lived there for 10 years, born at Abbots Bromley, co. Stafford, aged about 30

3 June 1640

To Dudley and Ward's libel:

1. He had known Lord Dudley for 10 years, who had been styled Baron of Dudley Castle 'and reputed in the country to be an honourable person'. He had known Humble Ward for 7 years, 'who liveth in the fashion of a gentleman and married the grandchild and heir apparent' of Lord Dudley.

2. William Keysall was a miller by trade and John Downes was a solicitor of causes at Common Law. The witness and Humfrey Davies held a watermill belonging to Lord Dudley for Lord Dudley and Mr Ward's use, but on 24 January last, Keysall and Downes came to demand possession of the mill for the use of Mr Parkes. The witness and Davies refused to deliver the mill, so Keysall and Downes 'with a great company with them came and broke open the door of the mill and fell into high wordes against the Lord Dudley, Mr Ward and his wife, and amongst other speeches', said 'with a lowd voice, vizt. That beggarly rogue Ward *and the whore his wife* (meaning Mr Humble Ward and Lord Dudley's grandchild, Mr Ward's wife) has set you (meaning [Harvey] and Davies) to keep possession of the mill; and Downes then and there drewe his sword and publiquely in a violent manner used these speeches, vizt. If the Lord Dudley were in the mill I would pull him out by head and shoulders'.

4. These words were spoken 'in disgrace and contempt' of Lord Dudley, Mr Ward and his wife.

Repeated in court before Sir Henry Marten, knight, lieutenant, and 4 May 1640 in the presence of Henry Linch, notary public.

To Downes and Keysall's interrogatories:

1. Keysall had built a house adjoining to the mill, and had possessed the house and mill for a year for the term of his life, until the death of his landlord, Mr Edward Dudley.

2. He had known Keysall for about twelvemonths during which time he had been miller at the mill.

3. The witness 'did quietly without any opposition take possession of the mill when and at such time as there was no body there within the mill.

4. About that day the witness and Davies also took possession of the house when there was nobody there. Mrs Ward came to see what he had done, but did not enter the house.

5. Harvey, Davies and Charles Layton 'were indicted at a privie sessions... but whether they were found guilty of a forceable entrie or not he saith he knoweth not.'

6. 'He hath heard that Mr Bell the undersheriff did deliver possession of the mill to Keysall but who he took out of the mill he knoweth not for that he was not in the mill at that time and did not see him take anybody out of the mill.'

7. He did not hear Mrs Ward use any such words.

8. He did not see Mrs Ward or her servants offer violence to the undersheriff.

9. He heard that the undersheriff took some of Mrs Ward's maidservants to prison.

10. About the day in the interrogatory, the parties came to the mill, but he did not know if they had a warrant. John Dudley was taken before a justice of the peace.

11. He did not hear Keysall use the words in the interrogatory, but heard him say that 'Mr Ward had set two false theeves to robbe him.'

13. He made affidavits of these words before Mr Page, a master of Chancery on 10 February 1639/40, instructed and paid for by Mr Ward.

14. He did not know the name of the man that drew the affidavit, and he was promised nothing for going to make the affidavit.

15. He was worth £10, his debts paid.

16. He referred to his earlier deposition, and said that the words before deposed were spoken at 6 or 7pm.

Repeated in court before Sir Henry Marten, knight, lieutenant, and 4 May 1640 in the presence of Henry Linch, notary public.

Signed by Richard Harvey [his mark]

fos. 151v-154r (Witness 2), Humfrey Davies of Himley, co. Stafford, husbandman, lived there for 8 years, born in parish of 'Micod', co. Salop, age not given

4 June 1640

To Dudley and Ward's libel:

1. He had known Lord Dudley for 16 years, who had been reputed Baron of Dudley Castle 'and always reputed to be an honourable person'. He had known Humble Ward for 10 years, 'who hath lived in the fashion of a gentleman and so reputed and married the grandchild and heir apparent' of Lord Dudley.

2. Davies and Richard Harvey held a watermill that had always belonged to Lord Dudley for Lord Dudley and Mr Ward's use; but on 24 January last, at about 6pm, Keysall the miller and Downes a solicitor, with others, came to demand possession of the mill. The witness and Harvey refused to deliver the mill, so Keysall and Downes 'broke open the mill door and then Keysall used divers uncivil speeches of Mr Ward and his lady': 'That beggarly rogue Ward and the whore his wife (meaning Mr Ward and his wife) have set you (meaning [Davies] and Richard Harvey) to keep possession of the mill. And then Downes in a braving manner drew his sword and said that if the Lord Dudley had been in the mill he would have pulled him out by head and shoulders'.

4. These words were spoken 'in a very angrie and contemptuous manner and to the dishonour of the Lord Dudley and the disparagement of Mr Ward'.

Repeated in court before Sir Henry Marten, knight, lieutenant, and 4 May 1640 in the presence of Henry Linch, notary public.

To Downes and Keysall's interrogatories:

1. Keysall had built a house adjoining to the mill, and had possessed the house and mill for over a year, 'before any question arose about the title thereof.'

2. He had known the mill for 10 years, and Keysall for about a year and a quarter, during which time Keysall had been miller at the mill.

3-4. Negative.

5. Negative for his part.

6. The undersheriff of co. Stafford came where he found [Davies] and Harvey in possession of the mill, and John Carter, and David, one of Mr Ward's servants, in the house. They all departed 'and did quietly resign possession thereof to him who did accordingly put Keysall and his wife into the possession thereof.'

7-12. Negative.

13. As witness 1.

14. He believed Mr Ling, an attorney in Staple Inn, drew the affidavit, and further responded negative.

15. He was a tenant to Mr Ward and did not know what he was worth with his debts paid.

16. This witness, Harvey, John Dudley, Jane Dudley, Jane Hayward and others were present at the speaking of the words.

Repeated in court before Sir Henry Marten, knight, lieutenant, and 4 May 1640 in the presence of Henry Linch, notary public.

Signed by Humfrey Davies.

Cur Mil 1631-1642, fos.188r-190r, Plaintiff deposition

fos. 188r190r (Witness 3), John Dudley of 'Funsley', co. Stafford, gent, lived there for about 40 years, born at Himley Hall, co. Stafford, aged about 52

16 June 1640

To Dudley and Ward's libel:

1. He had known Lord Dudley for all the time of his memory, who was reputed to be a baron of England. He had known Humble Ward for 10 years, who was reputed a gentleman and who had married the grandchild and heir of Lord Dudley.

2-4. William Keysall was a miller by trade and John Downes was a solicitor of causes at common law. At 6 or 7pm one day in January or February last, Keysall and Downes came to demand possession of a mill in Himley. The witnesses Harvey and Davies refused to hand it over. Keysall then said: 'That beggarly rogue Ward... and the whore his wife, meaning Lord Dudley's grandchild, have set them, meaning Davies and Harvy, to keep possession of the mill; and Downes then and there drewe his sword and, *holding the same in his hand*, said that if the Lord Dudley... were present in the mill he would pull him out by head and shoulders'. These words were spoken 'in great violence and to the dishonour and undervaluing of the Lord Dudley'. There were also present Davies, Harvey, the witness's brother's daughters, Downes and Keysall 'and who else he knoweth not'.

Repeated in court before Sir Henry Marten, knight, lieutenant, and 4 May 1640 in the presence of Henry Linch, notary public.

To Downes and Keysall's interrogatories:

1. He believed that Keysall had built a house adjoining to the mill.

2. He had known Keysall only since last Christmas, but had known the mill for 40 years.

3-4. Negative.

6. The undersheriff of Staffordshire and a high constable read a proclamation at the mill, at which Davies and Carter came quietly out of the mill and the undersheriff delivered possession of the mill to Keysall.

7-9. Negative.

9. He heard that the undersheriff took some of Mrs Ward's maidservants to prison.

10. On the day in the interrogatory, 'Hinkes, Elloe and others *came to him being near to the mill and* did serve him a warrant of the peace and carried him away; and he saith Davies was not then taken and did not conceale himselfe.'

11. He did not hear Keysall use the words in the interrogatory.

13-14. Negative.

15. He had a pension from the king for £6 per annum.

16. At the speaking of the words, Downes and Keysall stood at the mill door, while Davies and Harvey stood within the mill door. [Dudley] was there on his way home from Thomas Bradley's house, when he saw Keysall and Downes coming to take possession of the mill.

18. 'The occasion of speaking the words was for that Davies and Harvy kept possession of the mill.'

Signed by John Dudley [his mark]

Repeated in court before Sir Henry Marten, knight, lieutenant, and 16 June 1640 in the presence of John Longland.

Summary of proceedings

Dr Eden and Dr Talbot acted as counsel for Dudley and Ward, and Dr Exton for Davies and Keysall. On 30 October 1640 the testimony of the plaintiffs' witnesses was published. On 4 December 1640 Dr Exton had to relate the material for the defence, while Dr Talbot petitioned to hear sentence at the first stage at the next sitting.

Notes

Edward Sutton, 5^th Baron Dudley (1567-1643), was the son of Edward Sutton, 4^th Baron Dudley, and his second wife, Jane, daughter of Edward Stanley, 3^rd Earl of Derby. In 1581 he married Theodocia, daughter of Sir James Harington of Exton, co. Rutland. With his concubine, Elizabeth, daughter to William Tomlinson of Dudley, the 5^th Baron had several illegitimate children, including Dud Dudley, a royalist major under Sir Francis Wortley. Humble, Lord Ward, married Frances, Baroness Dudley, the daughter of Sir Ferdinand Dudley, who was the son of Edward Sutton, Lord Dudley.

G. J. Amytage and W. H. Rylands (eds.), Staffordshire Pedigrees based on the Visitation of that County made by William Dugdale, 1663-4 (Publications of the Harleian Society, 63, 1912), pp.75-6, 232; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 114; G. E. Cokayne, Complete Peerage (London, 1913), vol. 4, pp. 482-3.

For 'Dud Dudley', see Oxford DNB (2004)

Documents

• Initial proceedings
  • Defendant's bond: 5/13 (29 Apr 1640)
• Plaintiff's case
  • Plaintiff depositions: Cur Mil 1631-42, fos. 152-6 (3-4 Jun 1640)
  • Plaintiff deposition: Cur Mil 1631-42, fos. 188-190 (16 Jun 1640)
• Proceedings
  • Proceedings: 1/11, fos. 73r-78v (10 Oct 1640)
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Stafford: 1/11, fos. 41r-44v (24 Oct 1640)
  • Proceedings: (Draft copy) 1/11, fos. 13r-16v (30 Oct 1640)
  • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Bell, Mr, undersheriff
• Carter, John
• David, servant
• Davies, Humphrey, husbandman
• Dudley, Dud, esq
• Dudley, Frances
• Dudley, Ferdinand, knight
• Downes, John, lawyer
• Eden, Thomas, lawyer
• Exton, Thomas, lawyer
• Harington, James, knight (also Harrington)
• Harington, Theodocia
• Harvey, Richard, husbandman
• Hayward, Jane
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howard, William, baron Stafford
• Keysall, William, miller
• Layton, Charles
• Linch, Henry, notary public
• Ling, Mr, lawyer
• Page, Mr, lawyer
• Parkes, Mr
• Stanley, Edward, earl of Derby
• Stanley, Jane
• Sutton, Edward, baron Dudley
• Talbot, Clere, lawyer
• Tomlinson, Elizabeth
• Tomlinson, William
• Ward, Humble, gent
• Watson, John
• Wortley, Francis, knight and baronet

Places mentioned in the case

• London
  • Arundel House
  • Staple Inn
  • Strand
  • Temple Bar
• Rutland
  • Exton
• Salop / Shropshire
  • 'Micod'
• Staffordshire
  • Abbots Bromley
  • Dudley
  • Dudley castle
  • 'Funsley'
  • Himley
  • Sedgley

Topics of the case

• Court of Chancery
• denial of gentility
• inns of court
• justice of the peace
• office-holding
• other courts
• sexual insult
• threatened violence
• under sheriff