187 Edgecumbe v Stephens

187 EDGECUMBE V STEPHENS

Sir Richard Edgecumbe of Mount Edgcumbe in Maker-with-Rame, co. Cornwall, knt v Thomas Stephens of Maker-with-Rame, co. Cornwall

October 1638 - February 1639

Abstract

Edgecumbe complained that Stephens was a brewer from a plebeian family who had falsely assumed the title of gentleman. Edgecumbe's fifteen witnesses were examined by a commission headed by Sir Richard Buller and Sir William Wray on 3 January 1639 at Richard Rowe's inn, at Millbrook, co. Cornwall. Several of them testified that in January 1638, waiting for a boat across Plymouth Sound at Cremyll passage, Stephens had publicly said to Edgecumbe's steward, Stephen Croft, who at the time was wearing his livery, that 'I am a better man then thy master'. Others deposed that Stephens had indeed brewed and sold beer in large quantities and that he had been claiming the title of gentleman over a long period - in documents drawn up for an action against William Harrye in the Court of Requests, in appearances before the local courts and the Cornwall assizes, and also on a board in the gallery of Maker parish church where he had his name painted as 'Thomas Stephens gent, churchwarden'. Some years before he discovered that the title 'gent' had been erased and he had commissioned a local painter to restore it. In his defence Stephens denied that Croft was Edgecumbe's servant and insisted that he had no part in describing himself as gentleman on the board in Maker church. Edgecumbe presented his libel on 20 October 1638 and faced delays in securing a hearing in early 1639 which were described by his attorney, William Elston. On 21 February 1639 Dr Parry provided material for Stephens's defence; but no further proceedings survive.

Initial proceedings

Acta (4), fo. 101, Libel

Edgecumbe the plaintiff had been a knight for 20 years and a justice of the peace and deputy lieutenant for 10 years. Thomas Stephens was a plebeian brewer from a non-gentry family who had wrongly assumed the title of gentleman.

20 October 1638

Signed by Arthur Duck.

18/3b, Personal answer

1. This article was true 'saving that he denieth he is a brewer'.

2-5. These articles were not true.

Dated 6 November 1638.

Unsigned.

Plaintiff's case

Acta (4), fo. 102, Letters commissory for the plaintiff

Addressed to commissioners Sir Richard Buller, Sir William Wray, William Scawen, esq, Nevill Bligh, esq, Edmund Vowell, esq, Thomas Dixford, clerk, John Marten and William Symonds to meet from 3 to 5 January 1639 at the inn of Richard Rowe, at Millbrook, co. Cornwall.

The registrar, Gilbert Dethick appointed Thomas May as notary public.

6 November 1638

Acta (4), fos. 86r-94r, Plaintiff's depositions

Taken before commissioners William Wray, Richard Buller, William Scawen, esq, Nevill Bligh, esq, and Thomas May, notary public, on 3 January 1638/9

fo. 87r (Witness 1), Richard Rowe, the elder, of Millbrook, co. Cornwall, merchant, aged 67

To Edgecumbe's libel:

1. Sir Richard Edgecumbe had been a knight for 30 years, a Cornwall JP for 10 years, and was now also a deputy lieutenant. He and his ancestors were gentlemen for as long as Rowe could remember, and some of them had been knights. He heard that Thomas Stephens's ancestors were 'common people and noe gentlemen and soe reputed and taken'. Thomas Stephens had been a beer brewer for 18 years because Rowe and others had bought 'great quantity of beere' from him, 'for shipping and otherwise'. On several occasions, Rowe had bought £150 worth of beer from Stephens.

fo. 87v (Witness 2), Richard Rowe, the younger, of Millbrook, co. Cornwall, merchant, aged 40

To Edgecumbe's libel:

1. Edgecumbe had been a knight for 20 years, a JP and deputy lieutenant for 10 years, and his family had been gentry for over 300 years, many of them having been knights. Stephens was a beer brewer for 17 years 'as well for brewing of beere for shipping as for beer retailed in beerehowses, and is soe commonly known and reputed'.

fo. 88r (Witness 3), Walter Hooper of Maker, co. Devon, husbandman, aged 42

To Edgecumbe's libel:

2. Stephen Croft had been a servant to Sir Richard Edgecumbe for 12 years and wore his livery. Croft was steward of some of Edgecumbe's manors and receiver of some of his rents.

3. In January 1637 Stephen Crofte and Thomas Stephens 'being at words at or neere Crimill passage, Thomas Stephens then and there said to Stephen Croft I am a better man then thy master that thou servest which words were soe spoken by him in the presence of Thomas Luxton gent. and divers others publickely. He never knew or hath heard of any other master that Stephen Crofte ever served.'

fo. 88v (Witness 4), Thomas Luxton of St Germans, co. Cornwall, gent, aged 26

To Edgecumbe's libel:

2. Croft had been Edgecumbe's servant for 7 years and wore his livery. Croft had been steward of some of Edgecumbe's lands and that for 2 years Croft had kept the court for Edgecumbe at Bodrugan, co. Cornwall, Luxton having attended that court.

3. Around January 1638, he was 'in a passing boate at Crimill passage in the county of Devon and Stephen Croft and Thomas Stephens being then present neere the passage boate and about twenty other persons to [Luxton] unknowne then alsoe being in or neere the boate, Thomas Stephens and Stephen Croft being at some difference in words, Thomas Stephens then said to Stephen Croft I am as good a man as thy master. At the tyme of the speaking of the words Stephen Croft wore Sir Richard Edgecombe's livery and then came from his house.'

fo. 89r (Witness 5), Thomas Sprie of Plymouth, co. Devon, painter, aged 50

To Edgecumbe's libel:

4. Seven years ago he painted 'divers places in the parish church of Maker' by the order of John Deeble, the vicar. 'In the middle part of the eastern end of the gallery did amongst other things write downe and painte these words Thomas Stephens, gent.' One month later he asked Stephens, who was then churchwarden, for 20s for his work. Stephens told him the addition of gent by his name had been blotted out and that if he knew who had done that, he would punish him for it. Stephens 'was in great rage', and said that if Sprie would 'amend the same and make it as it was then he would paye him the twenty shillings'. Whereupon Sprie 'forthwith went to the church' and Stephens paid him the 20s.

fo. 89v (Witness 6), John Williams of St Kew, co. Cornwall, yeoman, aged 29

To Edgecumbe's libel:

2. He had heard that Stephen Croft was clark and steward of two of Edgecumbe's manor courts in Coy and Trewunricke, co. Cornwall. In October 1637 Croft kept the manor court of Tucoyse for Edgecumbe, at which Williams was admitted tenant. Croft had worn Edgecumbe's livery for 12 years.

fo. 90r (Witness 7), Stephen Croft of St Germans, co. Cornwall, yeoman, aged 44

To Edgecumbe's libel:

2. He had been Edgecumbe's servant for 13 years, always wore his livery, never having any other master and was clark and steward for some of Edgecumbe's manor courts.

3. In January 1638 he was going from his master's house at Mount Edgcumbe on the way to Plymouth and met Thomas Stephens at or near Cremyll passage, near Edgecumbe's house. Upon 'some difference in words' between them, Stephens said in the presence of Luxton, Hooper, and Peter Cowling, junior and several others, 'I am a better man then thy master and I am as good a man as thy master, which words he did often repeat.'

fo. 90v (Witness 8), Peter Cowling, the younger, of Maker, co. Devon, husbandman, aged 40

To Edgecumbe's libel:

2. Croft had been Edgecumbe's servant for 10 years and wore his livery.

3. In January 1637/8 Stephens said to Croft at Cremyll passage, Devon 'I am as good a man as thy master' in front of Thomas Luxton and others.

fo. 90v (Witness 9), John Deeble of Maker, co. Devon, vicar, aged 38

To Edgecumbe's libel:

4. 'He gave [too tightly bound] to one Thomas Sprye of Plymouth painter (amongst other things) to sett down and paint in part of the gallery of the church these words (Thomas Stephens gent and George Penticost merchant churchwardens) and that shortely after the word gent was blotted out whereof Thomas Stephens had notice. And he sayeth that Thomas Spry informed him that he did by the order of Thomas Stephens new write or paint the word gent. in the same place, as where it had been formerly blotted out.'

fos. 91r-91v (Witness 10), John Evans of Millbrook, co. Cornwall, merchant, aged 63

To Edgecumbe's libel:

1. Edgecumbe had been a knight for 20 years, a JP and deputy lieutenant for 10 years, and was descended from a gentry family, some of whom were knights. Thomas Stephens and his ancestors 'were of the comon sorte of people and not gentlemen', and Stephens had been a beer brewer for 16 years. He and others had several times 'bought beere of him and hath divers accounts in his custody for beer for severall yeares sold unto him by Thomas Stephens.'

4. 'Thomas Stephens about fower yeares since brought an accon against him in the common lawe and a nisi prius thereupon at the assizes held for the county of Cornwall in which accon Thomas Stephens was stiled gentleman'. He 'sayeth that about sixe or seaven yeares since there was written or painted in great letters in the gallery of the parish church of Maker these words amongst others, 'Thomas Stephens gent churchwarden', which was soe written and painted by the order and direccon of Thomas Stephens, as he beleeveth, for that at the tyme of the writinge and paintinge thereof Thomas Stephens was one of the church wardens of Maker.'

fos. 91v-92r (Witness 11), Henry Skinnard of Maker, co. Cornwall, yeoman, aged 67

To Edgecumbe's libel:

1. Edgecumbe had been a knight for 20 years and a JP and deputy lieutenant for 10 years. His 'ancestors these sixtie years last past have been to [Skinnard's] knowledge accounted and reputed gent of a generous family' some of whom were knights. He did not know if Thomas Stephens or his ancestors 'are or were reputed or taken for gentlemen', but 'Thomas Stephens hath for divers yeares last past sold divers quantityes of beere to divers persons and hath kept a brewhowse.'

4. About seven years ago 'Thomas Stephens being of the parish of Maker there was then a gallery or lofte erected in the parish church of Maker aforesaid upon parte whereof there was written and painted in reading letters these words (amongst others) Thomas Stephens gent and George Penticost merchant churchwardens.'

fos. 92r-93r (Witness 12), Roger Philpe of Millbrook, co. Devon, yeoman, aged 33

To Edgecumbe's libel:

4. There was a deed dated 20 August 12 Chas I 'between Henry Salmon of Milbrooke in the parish of Maker in the county of Cornewall, joyner, of the one parte, and Thomas Stephens of Maker aforesaid in the county of Devon, gentleman, of the other part for and concerning the buying and purchasing by Thomas Stephens from Henry Salmon the inheritance of one messuage or tenement with th'apptenances scituate in Milbrooke, Thomas Stephens being therein written and stiled by the name of gentleman'. Roger Philpe wrote the deed and read it to Thomas Stephens, who 'with his owne proper hand subscribed his name and affixed his seale thereunto in the presence of [Philpe] (who indorsed his name as a witness thereunto)'... Philpe added that a note of 21 September 1636 'importing a promise made [by] Thomas Stephens to Henry Salmon to paye unto him the some of three pounds tenn shillings at such tyme or tymes as Henry should make conusance, for a fine thereupon to be levied to Thomas Stephens, or unto any other, to his use, or upon the perfecting of any other assurance thence to be made by Henry for the perfecting of the assurance or conveyance before that tyme made to Thomas Stephens and his heires of one messuage or tenement with th'apptenances in Milbrooke then in the tenure of Margarett Rowe wydowe her assignes or assignee (as by the said noate more at large appeareth)'. Thomas Stephens was 'therein written and stiled by the name of Thomas Stephens gent' which note was written by Philpe 'and read to Thomas Stephens, to which Thomas Stephens with his owne proper hand subscribed his name Thomas Stephens which said noate was also shewed unto [Philpe] at the tyme of his examinacon'. Philpe added that seven years ago he saw the words 'Thomas Stephens gent and George Penticost merchant churchwardens inscribed or painted upon the gallery in the parish church of Maker'. Philpe added 'that in severall personall accons by Thomas Stephens brought in the fee court of Trematon wherein this examinat was an atturney for Thomas Stephens, Thomas Stephens was therein named by the name of Thomas Stephens gent.'

fos. 93v-94r (Witness 13), Henry Salmon of Millbrook, co. Cornwall, aged 28

To Edgecumbe's libel:

4. In a writing dated 21 September 1636, 'importing that Thomas Stephens did promise to paye unto [Salmon] the some of three pounds and tenn shillings, at such time or times as [Salmon] should make conusance for a fine to be thereupon levied to Thomas Stephens, or unto any other, to his use or upon the perfecting of any other assurance thereafter to be made by [Salmon] for the perfecting of the assurance or conveyance then before made to Thomas Stephens and his heires of one messuage or tenement with th'apptenances in Milbrooke,Thomas Stephens was written Thomas Stephens gent to which writing Thomas Stephens with his owne hand subscribed his name Thomas Stephens in the presence of this examinat and others, which writing [Salmon] shewed to the court at the tyme of [Salmon].' Salmon added 'that in the counterparte of a deed' dated 20 August 12 Charles I, 'importing a bargaine and sale of one messuage or tenement in Milbrooke made by [Salmon] to Thomas Stephens and his heires, therein written Thomas Stephens of Maker gentleman, which deed Thomas Stephens having read and perused did then thereunto subscribe his name Thomas Stephens and affixe his seale thereunto in the presence of [Salmon] and others which said deed [Salmon] hath alsoe shewed to the commissioners at the tyme of his examinacon'. He believed 'that the same was drawen and ingrossed by the order and direccon of Thomas Stephens.

Cornwall RO, ME 950, Plaintiff's depositions

Witnesses 1-13, depositions as above Acta (4), fos. 86-94.

fo. 15-17 (Witness 14) Thomas Towson of Creed, co. Cornwall, yeoman, aged 53, born in Morval, co. Cornwall, had lived in Creed for 50 years and had known Edgecumbe and Maker for 45 years

To Edgecumbe's libel:

2. He had known Stephen Croft for 30 years and of his certain knowledge Croft had been servant to Sir Richard Edgecombe for the past 8 years 'and hath lyved with him as his steward and clarke, surveyor of his lands and is so commonly reputed.'

4. He had seen 2 answers given in the Court of Requests by Stephens on oath wherein Stephens 'is styled gentleman'.

6. To the sixth article

To the allegation and exhibit presented 6 February 1639:

He deposes that 'the tytle and superscription of the first of the exhibittes [is] in these wordes, viz. The severall answeare of Thomas Stephens gent, one of the defendants to the bill of complaint of William Harry complainant, and the tytle or superscription of the second of the exhibittes in these wordes, viz. The further answere of Thomas Stephens gent, one of the defendants to the bill of William Harry, complainant, are truly extracted out of the Register of the Court of Requests, and doe agree with the records there remayning, which hee knoweth to bee true for that upon Tuesday 5 February 1638 nowe running hee togeather with [fellow witness] Mr George Lloyd did examine word by word the tytle or superscription of the answeares respectively; and further hee saith hee cannot depose'

fos. 17-18 (Witness 15), George Lloyd of Gray's Inn, Middlesex, gent, where he had lived for the past 14 years, aged 42, born in Westcot, co. Berkshire

To the allegation and exhibits:

He deposes in the same words as Towson that the exhibits relate to a cause between Stephens and Harry.

Acta (4), fos. 95r-95v, Notary public's certificate

Certificate in Latin signed by commissioners Sir Richard Buller, William Scawen, esq, and Nevill Bligh, esq, dated 3 January 1639. Further certificate signed by Thomas May, notary public, that the above examinations had been completed and were now being returned.

Notary's mark.

Cornwall RO, ME 952, Letter to Edgecumbe

William Elston to Sir Richard Edgecumbe 'at Mount Edgecombe in Devon, neare Plymouth', London, 13 February 1639

'I am to give you to understand of your busines in the Court of Honour. There hath byn but 2 court dayes this terme: the first court day Dr Parrey pleaded that you and Stephens were agreed; Dr Ducke makinge your defence at the same presence, and myselfe returning the commission, wee were to have publicacon on Saturday last. It fell out that there was diverse hereings and your cause and 24 more putt off till Wednesday 20 February. I have examined 2 wittnesses more on your parte by the advise of Dr Ducke, which is one of materialest that is in the libell which is that Stephens his 2 answeres to William Harris's bill in the Court of Requests. I had much adoe to gett Dr Parry to come before Sir Henry Martin to bee present at the takeinge of the affidavits of the oathes of Mr Lloyd and Thomas Towson your servant, which they did attend 4 dayes before they could bee examined. I am promised faithfully god willinge you shall bee the first cause sett downe the next court day. I have received the writt and bayle bond; and wee are to declare 3 severall accons uppon the bayle bond att William Harris's suite. I shall desire them both to send upp money both for the drawinge upp of the declaracon and councell I have made a mocon this day in the Court of Requests about the £5 costs concerninge William Harrie. As for your owne busines it will stand mee in £5 the next court day for takinge out copies and councell: for there is 15 wittnesses and every wittnes standes mee in 4s. I have herein sent you a noate of the particulers what I have disbursed about your busines this terme, soe desiringe youle please to send mee money with speed for the dispatch of your busines. I have not spoken with your brother Mr Manston as yet. If I receive any more of him I will give an accompt of it, God willinge there shal be noe neglect in mee, Thus with my service I rest,

your servant to his power,

William Elston

I doe verylie beleeve Mr Lloyd wilbee in the country this vacacon for I have put him in a com[missio]ner for Geo Lobb. Mr Lloyd remembers his service to you.'

Defendant's case

Cornwall RO, ME 951, Defence

1. Stephen Crofte named in the second article of Edgecumbe's libel 'duringe the tyme therein menconed, was not a domesticke and household servant remayninge in Sir Richard Edgcombes's house, neither clerke or steward of his lands, but that one Thomas Cleere hath bene and is steward unto' Edgecumbe for many years past.

2. Stephens denies that he used any of the words mentioned in the third article of the libel 'namely that he Steeevens was a better man then Steeven Crofte'; and he denies that Crofte is a servant to Edgecumbe in that he 'buyeth, selleth and setts grounds' for Edgecumbe 'and lyveth at Bodrugan in the parish of Gorran, co. Cornwall.'

3. He accepts that there was an inscription 'painted upon the wall of the parriche church of Maker signifyinge and expressinge Thomas Steevens, the defendant, to bee a gentleman; yet the same was soe done and expressed by the fancy and devise of the painter, or some other, without any order or direccon from Stephens to that purpose.'

Summary of proceedings

Dr Duck acted as counsel for Edgecumbe and Dr Parry for Stephens. The defendant was warned to appear on 20 October 1638 and Dr Duck delivered Edgecumbe's libel on 6 November. On 21 February 1639 Dr Parry provided material for Stephens's defence.

Notes

Sir Richard Edgecumbe (d.1639), was the son of Peirse or Peter Edgecumbe (d. 1607), and Margaret, daughter of Sir Andrew Lutterell, knt. Sir Richard's first wife was Anne, daughter of Sir George Cary of Cockington, co. Devon, knt. His second wife was Mary, daughter of Sir Thomas Cotules of London, knt. Sir Richard was a justice of the peace for the south division of Devon and high sheriff of Cornwall in 1610. His two sons Piers and Richard were a colonel and major in the royalist army, while Piers was M.P. for Camelford in the Long Parliament. There is a memorial to Sir Richard Edgecumbe in Maker parish church, dating his death as 22 March 1639.

F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872), p. 102; M. Wolffe, Gentry Leaders in Peace and War: The Gentry Governors of Devon in the Early Seventeenth Century (Exeter, 1997), pp. 20, 31, 268; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), pp. 163-4; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 119; J. Polsue, Lake's Parochial History of the County of Cornwall (Truro, 1867-73), vol. 4, p. 128.

For a description of Mount Edgcumbe see J. Polsue, Lake's Parochial History of the County of Cornwall (Truro, 1867-73), vol. 3, p. 256.

Documents

• Initial proceedings
  • Libel: Acta (4), fo. 101 (20 Oct 1638)
  • Personal answer: 18/3b (6 Nov 1638)
• Plaintiff's case
  • Letters commissory for the plaintiff: Acta (4), fo. 102 (6 Nov 1638)
  • Plaintiff's depositions: Acta (4), fos. 86-94 (3 Jan 1639)
  • Plaintiff's depositions: Cornwall RO, ME 950 (3 Jan 1639 and 6 Feb 1639)
  • Notary public's certificate: Acta (4), fo. 95 (3 Jan 1639)
  • Letter to Edgecumbe: Cornwall RO, ME 952 (13 Feb 1639)
• Defendant's case
  • Defence: Cornwall RO, ME 951 (no date)
• Proceedings
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
  • Proceedings before Arundel: 1/6, fos. 20-33 (21 Feb 1639)

People mentioned in the case

• Bligh, Nevill, esq
• Buller, Richard, knight
• Cary, Anne
• Cary, George, knight (also Carey)
• Cleere, Thomas, steward
• Cotules, Mary
• Cotules, Thomas, knight
• Cowling, Peter, the younger, husbandman
• Croft, Stephen, yeoman and steward (also Crofte)
• Deeble, John, vicar
• Dethick, Gilbert, registrar
• Dixford, Thomas, clerk
• Duck, Arthur, lawyer (also Ducke)
• Edgecumbe, Ann (also Edgcombe)
• Edgecumbe, Margaret (also Edgcombe)
• Edgecumbe, Mary (also Edgcombe)
• Edgecumbe, Peirse / Peter (also Edgcombe)
• Edgecumbe, Piers, esq (also Edgcombe)
• Edgecumbe, Richard, esq (also Edgcombe)
• Edgecumbe, Richard, knight (also Edgcombe)
• Elston, William
• Evans, John, merchant
• Harry, William (also Harrie)
• Hooper, Walter, husbandman
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Lloyd, George, gent
• Lobb, George
• Lutterell, Andrew, knight (also Luttrell)
• Lutterell, Margaret (also Luttrell)
• Luxton, Thomas, gent
• Manston, Mr
• Marten, Henry, knight (also Martin)
• Marten, John (also Martin)
• May, Thomas, notary public
• Parry, George, lawyer (also Parrey)
• Penticost, George, merchant
• Philpe, Roger, yeoman
• Rowe, Richard, the elder, merchant
• Rowe, Richard, the younger, merchant
• Salmon, Henry, joiner
• Scawen, William, esq
• Skinnard, Henry, yeoman
• Sprie, Thomas, painter (also Sprye, Spry)
• Stephens, Thomas
• Stuart, Charles I, king
• Symonds, William
• Towson, (also Tonson)
• Vowell, Edmund, esq
• Williams, John, yeoman
• Wray, William, knight

Places mentioned in the case

• Berkshire
  • Westcot
• Cornwall
  • Bodrugan
  • Camelford
  • Coy
  • Creed
  • Gorran
  • Maker-with-Rame
  • Millbrook
  • Morval
  • Mount Edgcumbe
  • St Germans
  • St Kew
  • Trematon
  • Trewunricke
  • Tucoyse
• Devon
  • Cockington
  • Cremyll passage
  • Plymouth
  • Plymouth sound
• London
• Middlesex
  • Gray's Inn

Topics of the case

• assizes
• churchwarden
• comparison
• Court of Requests
• deputy lieutenant
• false claim to gentility
• inns of court
• justice of the peace
• livery
• manor court
• office-holding
• other courts
• royalist
• undermining before subordinates