35 Bawde v Dawson

35 BAWDE V DAWSON

Maurice Bawde the younger of Somerby, co. Lincoln, gent v John and Henry Dawson of the same

January 1635 - January 1638

Abstract

In January 1635 Bawde complained that John and Henry Dawson, father and son, had abused him by saying that 'he did lie and that he could not speak one true word unlesse itt cam out of his mouthe by chance, and that he was a base, shitten, stinckinge gentleman' and 'he was a coward and durst not strike.' In June 1635 the court appointed a commission to hear witnesses on Bawde's behalf, but no record of their proceedings survives. On 26 January 1636 witnesses were examined on behalf of the Dawsons at the house of Henry Hide at Folkingham, Lincolnshire. Their testimony, and two informations prepared for assizes or quarter sessions, made it clear that the words had been spoken in the midst of a quarrel which had taken place over two separate encounters on 21 and 24 October 1634.

In the first of these Bawde had come into the Dawsons' yard in Somerby, Lincolnshire, to recover some cattle which had been impounded after breaking into the close which John Dawson leased from William Brownlowe esq. Bawde, it was alleged, had called John 'a base rogue, pillorie rogue' and 'hogg's face' and said that 'he could have the cropping of my eares.' He had also struck Henry, and when his sister Elizabeth had intervened he had called her 'a base whore and uncivil whore.' Henry had then retorted that he was 'a stinking gent to come into his yard and abuse him and his sister'; and John had needled Bawde by telling him he was a coward to strike his son and daughter and pointing out that he 'was challenged to fight Mr Thimbleby and you promised to meet him, but did not meet him.' On the second occasion, Bawde and John Sherman claimed that they had a replevin to release the cattle, but they would not show this to John Dawson who refused to hand over the cattle. When Bawde began to break open the pound and threatened him with a pitchfork, John responded by asking him 'if he would not obey the king's lawes', to which Bawde allegedly retorted that 'he neither cared for the king nor the kinges laws', whereupon John declared that 'he was not a good gentleman to say soe.'The Dawsons then reported Bawde's behaviour to Judge Hutton at the Grantham assizes and to the Earl of Lincoln, Lord Willoughby, Sir Edward Hussey and Thomas Harrington, esq, at the sessions for Folkingham and Bourne. Bawde and his companions were found guilty of riot.

The quarrel continued even while the defence depositions were being taken on 26 January 1636, with John Dawson having another dig at Bawde by suggesting that his brother John had been hanged on the Mansfeldt expedition in 1625. On an earlier occasion when Bawde had been reminded of the 'ill life' of his brother he had retorted that 'he was not a gentleman that had not had the French pox 3 tymes and the runinge of the raines.' On 28 January 1638 Dr Duck petitioned for sentence which was to be heard in the first session of the next Easter term; but no further proceedings survive.

Initial proceedings

R.19, fo.11r, Personal answer

'John Dawson and Henry Dawson by way of exception to the libel of Maurice Bawde say that if any such words were spoken by John and Henry, Maurice did greatly provoke them thereto by beating them and using opprobrious speeches, and called John rogue, and pillorie rogue, and that Maurice would be the death of him and his sonnes and c. And says that the witnesses are some of them poore farmers to Maurice and some domestick servants and c. Therefore prayes to be dismissed with his costs and c.'

1635

No signature.

Defendant's case

Acta (5), fo.400, Defence

Henry Dawson had been accused of saying 'that Maurice Bawd was a stinking condiconed gentleman soe to abuse me and my sister in my own yarde.'

Bawde had called John Dawson 'a rogue, a base rogue, pillorie rogue, and that I was a hoggs face, and brason face knave, [and further] that he would have the cropping of my eares, and make sowce of them, and that I John Dawson cozened all men that I dealt for and he would drive the Countrie of me, and swore that he would be the death of me and my sonnes.'

John Dawson had been accused of saying to Bawd 'will you strike me cowardlie as you did my sonnes and daughter. You were challenged by Mr Thimblebye to fight and you promised to meete him, but you did not meete him.'

John Dawson had asked Bawd '... will you resist the Kinge's lawes' and was answered by Bawd 'that he cared not for the Kinge's lawes' whereupon Dawson replied 'you are not a good gentleman to deny the Kinge's lawes.'

9 May 1635.

Signed by Clere Talbot.

7/83, Information/deposition for the defendants

'William Brownlowe esq and Maurice Bawde gent beinge tenants in common of divers land tenements and hereditaments in Somerby in that county of Lincoln. Maurice Bawde takeinge advantage in respect that they cannot have an action of trespass one against another by reason whereof Maurice hath much wronged Mr Brownlow's tenant for avoiding whereof there was a petition by consent made between Mr Brownlowe and Bawde which being done yet still Bawde tooke away the profits of Mr Brownlowe's part, oppressing his tenants. By reason whereof Mr Brownlowe was constrained to bring this writ of particion directed to the sheriff of Lincoln whoe by a jury made peticon and put Mr Brownlowe in possession and c. Notwithstandinge Bawde put his cattell in a close which was assigned unto Mr Brownlowe and kept them there by force of armes not suffering them to be driven to the pound. And some of Bawds cattell beinge impounded... Bawd, Nicholas Mason a constable and tenant to Bawde, and Thomas Howe, Bawd's servant, came with pitchforks and a hatchet to the place where they were impounded commanding his man Howe to cutt the gate. For which he being reprehended by John Dawson, gent, for so doing and sayeinge to Bawde that he needed not to cut the gate, yf he would but shew a replevin the ii cattell should be delivered. To which Bawde answering said he would show no replevin to such a Rogue as Dawson was. Whereupon Dawson tould him that he must obey the King's lawes. To which Bawde swearing a great oath said that he cared not for the king's lawes and then assaulted Dawson very violently with a pitchfork, calling for more helpe and a longer pitchforke, which was brought by one Robert Arnold his tenant. And so by force took away the ii kyne out of the pound. For which Bawde, Mason and the rest were indicted for a ryot and found guilty. And Bawde being taxed by reason of the ill lyfe of his brother John Bawde thereupon Maurice Bawde swearing a great oath said that he was not a gentleman that had not had the French pox 3 tymes and the runinge of the Raines.

Bawde has divers times since and before threatened to kill Dawson or one of his sons and would be the death of them; and hath wounded his sone Henry Dawson with the loss of much blood and in danger to loose one of his eyes, and almost killed one of his daughters with loss of much blood and in great danger of lyfe. And he hath menaced and threatened the servants of Dawson that they for feare have left Dawson's service. And one of the servants being in possession of some part of the tenements of Mr Brownlowe, and keeping possession, Bawde violently assaulted him and pulled him out of possession by the heare of the head and pulled a great part of his heare of[f] his hedd.

Bawde upon the 20^th of November last said that John Dawson was a thefe and had stolne a gavelocke [sic] and hide it in a hedge and after fetched the same away; and that Dawson and his son had stolne a sheepe from one Morrice Seywell; and withal said that Henry Dawson, sone of John Dawson, was a theefe and had stolne gavelocks and tethers.

And at other tymes Bawde called Dawson... an attorney Rogue, basse rogue and Pillerye rogue.'

[Probably prepared for assizes or quarter sessions, c.1635]

7/84, Information/deposition for the defendants

'Henry Dawson lyving in a certayne house or messuage in Somerby which house or messuage with divers lands thereunto belonging, Henry Dawson took to farme of Mr William Brownlowe of Humby in the county of Lincoln esq. The possession of which house and lands Henry Dawson had by virtue of his Majestie's writt de faciendum obtained by Mr Brownlowe. Maurice Bawde came to the house in a riotous manner with weapons and violently assaulting Henry upon severall partes of his body; and also did bite Henry by his ?face? did then also violently stroke Elizabeth the sister of Henry Dawson whereby Maurice Bawd drew much bloud both from Henry and his sister and that thereupon Henry being greatly provoked sayd to Maurice Bawd that he was a ?stinking conditioned goat? so to abuse and strike him and his aforesaid sister in his own yard.

And further John Dawson upon the 24^th of October, keeping possession of the house and grounds for Mr Brownlowe, according to his Majestie's writt aforesaid, and as it was lawful for him to doe, impounded two of the cattle of Maurice Bawd... Maurice Bawd came to John Dawson in a riotous manner with weapons in his hands and attempted to strike John Dawson upon the shoulder with a pitchfork and thereupon he called him Rogue and base rogue and pillory rogue, and called for a longer pitchfork to strike John Dawson and said he would be the death of John or his sonnes.' John Dawson then said to Bawde: 'what, will you strike me cowardly as you did my sonne and my daughter'? Adding that Bawde was 'challenged by Mr Thimberley to fight and you caused to meete but you did not meete him.'

[Probably prepared for assizes or quarter sessions, c.1635]

Acta (5), fo. 400a, Letters commissory for the defendant

Addressed to commissioners John Wincup, gent, Adam Cranwell, clerk, John Groom, gent, William Carter, clerk, and also Richard Coney, John Thornton, gent, Mathew Lawrence, clerk, to meet in a cause of scandalous words provocative of a duel, from 25 to 27 January 1635/6, in the house of Henry Hyde at Folkingham, co. Lincoln. Gilbert Dethick assigned Richard Harris as notary public.

Dated 12 November 1635.

Signed Gilbert Dethick

7/70, List of commissioners for the defendant

The defendants' commissioners were John Wincup, gent, Adam Cranwell, clerk, John Groome, gent, and William Carter, clerk.

On 25, 26 and 27 January [1636]

Acta (5), fo. 399, Plaintiff's interrogatories

1. 'Are you sonne or daughter, sonne in Lawe or daughter in lawe to the defendant, John Dawson?'

2. 'Are you brother or sister, brother in Lawe or sister in lawe to the defendant, Henrie Dawson?'

3. 'Are you now household servant to either of the defendants, John Dawson or Henrie Dawson, or were you household servant to either of them att or about October or November last was a twelvemonth, or to one Canderne sonne in lawe to the defendant John Dawson?'

4. 'What are you worth of your own estate?'

5 'Did not John Dawson or Henrie Dawson or one of them tell you what you should saie before you came now to be examined?'

6. 'Have you not taken divers oaths against Maurice Bawde by the procurement of John Dawson or Henrie Dawson or one of them, and at sundrie places, vizt. at Grantham before Justice Hutton; at Welby, before Sir Edward Hussey and Thomas Harrington Esquire Justices of the Peace; att Bourne Sessions, att Folkingham Sessions and at Sleaford, att how many of theis places have you sworne?'

7. 'Did not you heare Henrie Dawson in or about October, November, December, January, or February last was a twelve monethe tell the complainant Maurice Bawd that he did Lie and that he was a Coward, and durst nott strike?'

8. 'Did nott you heare Henrie Dawson in or about October, November, December, January or February last was twelve month tell Maurice Bawde that he did Lie and that he could not speake one true worde, unlesse itt came out of his mouthe by chance; and that he was a Base, Shitten, Stinckinge gentleman; and that he was noe gentleman?'

9. 'Did you not sweare at Folkingham Sessions before the Earle of Lincolne, the Lord Willoughbie, Sir Edward Hussey Barronet and other Justices then upon the Bench *and in other places* that Maurice Bawd did say that he would not obaie the Kinge nor his Lawes or that he did not care for the Kinge his Lawes; *and who was by* and was you not brought thether by the procurement of one of the defen[dants] John Dawson or Henry Dawson?'

10. 'Whether did you heare John Dawson, being demanded of Maurice Bawdes at the dispachinge of this comission why he did report that a Brother of his was hanged who died in Mansfeild's voyage, answered... that if he should saie that he was hanged...[Bawde] could make nothing of it?'

No date.

No signatures.

Acta (5), fos. 393r-396v, Defence depositions

Taken before commissioners John Groom, gent, and Mathew Lawrence, clerk, on the 26 January 1635/6, in the house of Henry Hyde in Folkingham, co. Lincoln.

fos. 393r-394r (Witness 1), Francis Milner of Kirkby, co. Lincoln, labourer, born at Heydour, co. Lincoln, aged about 20

To the Dawsons' defence:

1. About 21 October 1634, he was present in Henry Dawson's yard in Somerby where he heard Bawd argue with Henry Dawson and use 'many opprobrious speeches and did call him base rogue and shitten rogue.' Then he saw Bawde strike Henry Dawson with his fist, drawing much blood. Then Elizabeth Dawson came out of the house and took Bawd by the arm to pull him away from Henry Dawson. He then heard Bawde call Elizabeth Dawson 'base whore and uncivil whore and he said that he would prove her a whore'. He then saw Bawde take Elizabeth Dawson by the throat. After all Bawde's violence, he heard Henry Dawson say to Bawde 'that he was a stinking gent to come into his own yard to abuse him and his sister, whereupon Morrice told Henry Dawson that if he had had his right he had been hanged seaven years ago'. About 3 or 4 dayes after, he went with John and Henry Dawson to help to impound certain cattle of Bawde's that had broken into a close held by Henry Dawson. Bawde and John Sherin met them driving the cattle towards the fold, 'and would not suffer them to be impounded, Morrice Bawd saying then that neither John Dawson nor Henry Dawson should impound his catle in any fold in England'. John Dawson then asked Bawde if he would not obey the king's laws. Bawde answered 'that he neither cared for King nor the King's lawes or he uttered words to like effect' in the presence of Milner and Thomas Laughton.

Signed by Francis Milner [his mark]

2. 'Nicholas Mason, John Sherman, William Ryland, Anne Sherman and Jane Arnold were att the time of their production comonlie accompted reputed and taken to be poor farmers and tenants to Mr Bawd or his father.'

To Bawde's interrogatories:

3. In October 1634 he was a household servant to Henry Dawson.

4. 'He was worth twenty shillings.

6. By the procurement of John Dawson, he had taken 'divers oaths att sundry places: at Grantham before Justice Hutton, at Welby before Edward Hussey, knt, and Thomas Harrington, esq, and at Sleaford at the visitacon held for the Archdeacon of Lincoln 1635.'

9. 'He was sworn at Folkingham sessions, but did not then depose that Morrice Bawd did say that Morrice neither cared for the Kinge nor his lawes.'

Signed by Francis Milner [his mark]

fos. 394r-395r (Witness 2), Morrice Caldron of Somerby, co. Lincoln, husbandman, born there, aged about 37

To the Dawsons' defence:

1. About 24 October 1634 he was in Somerby not far from his own house where he heard a loud noise in his own yard and hastily returning home found that John Dawson had impounded some of Bawde's cattle in his yard and Bawde, together with John Sherman, were trying to have the cattle released. Bawde 'did then showe a paper to John Dawson and told him it was a replevin and John Dawson then desiring to see the replevy[n], Morrice refused to *shew the same unto him*, whereupon Mr Dawson did still detain the cattle until Bawd would shew him the replevy[n]'. Then Bawde 'fell into violent tearmes against John Dawson and did then <call John Dawson old Ro> say that he would not show his replevy[n] to any such old Rogue'. John Dawson 'still keepeth the cattell impounded and not suffering the catle to goe away, Morrice Bawd got Thomas Howe his servant to cutt the gate of this *deponent's* yard in peeces and John Dawson then goeing to hinder him from the same, Morrice Bawd held up a forke at John Dawson and told him that if he hindred his man from cutting [Caldron's] yard, or if John Dawson did strike one blow at his man, he would cleave the hogg's face of[f] John Dawson.'

2. 'John Sherman is a poore man and tenant to Morrice Bawd or his father, and that Nicholas Mason, William Ryland, Anne Sherman and Jane Arnold are likewise tenants to Morrice Bawd or his father and that Thomas Howe at the time of his producon was house holde servant to Morrice Bawd.'

Signed by Mauritii Caldron [his mark]

To Bawde's interrogatories:

1. He had married 'the naturall daughter of John Dawson.'

4. 'He was worth £60 his debts paid.

6. 'By the procurement of John Dawson 'he was sworne at Folkingham and Welby and alsoe at Bourne against Morrice Bawd.'

7. About last October he heard John Dawson tell Bawde that he lied.

Signed by Mauritii Caldron [his mark]

fos. 395r-v (Witness 3), Thomas Laughton of Belton, co. Lincoln, laborer, born at Welby, aged about 23

To the Dawsons' defence:

1. About 21 October 1634 Bawde came into Henry Dawson's yard at Somerby where he saw Bawde strike Henry Dawson with his fist and drew blood. After Bawde had beaten him, he heard Henry Dawson say to Bawde, 'that he was a stinking gentleman and that his condicon stuncke to use him after that manner'.About three or four days after 21 October he heard Bawde say to John Dawson that 'John Dawson was a pillardly [pillory] Rogue and a base Rogue and deceived all men that he dealt with all and that after other speeches had past between them John Dawson asked Morrice Bawd if he would not obey the King's lawes'? Bawde answered 'that he neither cared for the King or the Kings lawes and thereupon John Dawson said that he was not a good gentleman to say soe. And there Morrice Bawd comeing nearer unto John Dawson, John Dawson asked him if he would strike him cowardly as he had done to his sonne and his daughter. And John Dawson further said to Morrice Bawd that one Mr Thimbleby had challenged the field of him but he <durst>*did* not meete him. And that he believeth John Dawson would not have given such words to Morrice Bawd but that he was provoaked therein.'

2. 'John Sherman is a very poore man and a tenant unto Morrice Bawd, and that Nicholas Mason, William Ryland, Anne Sherman and Jane Arnold are tenants to Morrice Bawd and that Thomas Howe was howshold servant to Morrice Bawd.'

Signed by Thomas Laughton [his mark]

To Bawde's interrogatories:

3. About October 1634 he was household servant to Henry Dawson but hath since lived from [binding too tight to read] and is come again to serve him.'

4. 'He saith he is little worth besides the closse of backe.'

5. Negative.

6. 'He hath taken divers oaths against Morrice Bawd at sundry places, vizt. at Grantham before Justice Hutton, at Welby before Sir Edward Hussey Barronet and Thomas Harrington [binding too tight to read] Justices of peace at Folkingham session, and at a visitacon held at Sleeford.'

9. He, together with Francis Milner 'was by and present when Morrice Bawd told John Dawson that he neither cared for the kinge nor his lawes.'

Signed by Thomas Laughton [his mark]

fos. 396r-v (Witness 4), John South of Boothby, co. Lincoln, labourer, born at Waddington, aged about 26

To the Dawsons' defence:

1. He was present on 24 October 1634 when he heard John Dawson say to Bawde 'that one Mr Thimblebie had challenged Morrice Bawd but Morrice Bawde *did* not meete him.'

2. 'Thomas Howe att the time of his producon was howshold servant to Morrice Bawd.'

Signed by John South [his mark]

To Bawde's interrogatories:

3. 'That about October was twelve month he was howshold servant to Morrice Caldron sonne in lawe to John Dawson.'

4. He was worth 5 shillings ^'in his purse besides the clothes on his back.'

10. He heard John Dawson '(beinge demanded by Morrice Bawd) in the house of Henry Hyde in Folkingham (this 26 Januarii 1635 when he did report that a brother of his was hanged) say that if he should say he Morrice Bawd was hanged he could make nothing of it.'

Signed by John South [his mark]

Acta (5), fo. 396v, Notary public's certificate

Certificate in Latin signed by Richard Harris, notary public that the examinations had been completed and were now being returned.

Dated 26 January 1635/6

Notary's mark.

13/1p, Warrant

Warrant for the Dawsons to appear at the suit of Bawde, for payment to Edward Farmery, notary public, for 13s-4d, extended to £4 for expenses.

Dated 2 December 1637

'Endd by Gilbert Dethick Registrar with reference to Bawde and signed by Farmerie'.

Summary of proceedings

Dr Duck acted as counsel for Bawde and Dr Talbot for the Dawsons. On 24 January 1635 Dr Duck brought a charge that the Dawsons had 'abused' Maurice Bawde. On 9 May 1635 Dr Talbot was to present the material for the defence. On 30 May the court was to hear material for Dawson's defence and to warn John Dawson to attend.

On 9 June 1635 Bawde nominated as commissioners Matthew Lawrence, clerk, William Colby, gent, John Thornton of Grantham, gent, and Richard Cony, gent. On 2 December 1637 Bawde was ordered to pay 5 marks to Edward Farmery for his expenses as notary in supervising the commissioners' hearing on his behalf. On 28 January 1638 Dr Duck petitioned for sentence and it was to be heard in the first session of the next Easter term (from 11 April 1638).

Notes

Maurice Bawde was the son of Maurice Bawde of Somerby and Dorothy, daughter of Thomas Cotton of Conington, co. Huntingdon. Maurice Bawde married Mary, daughter of Sir Richard Coney of Whissendine, co. Rutland. He became a colonel in the king's army and was killed at Naseby on 14 June 1645. His widow became a legatee of George Thimbleby.

A. R. Maddison (ed.), Lincolnshire Pedigrees (Publications of the Harleian Society, 50, 1902), vol. 1, p. 108, vol. 3, p. 958; P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 19.

Documents

• Initial proceedings
  • Personal answer: R.19, fo. 11 (1635)
• Defendant's case
  • Defence: Acta (5), fo. 400 (9 May 1635)
  • Information /deposition for the defendants: 7/83 (c.1635)
  • Information / deposition for the defendants: 7/84 (c.1635)
  • Letters commissory for the defendant: Acta (5), fo. 400a (12 Nov 1635)
  • Names of commissioners for the defendant: 7/70 (Jan 1636)
  • Plaintiff interrogatories: Acta (5), fo. 399 (no date)
  • Defence depositions: Acta (5), fos. 393r-396v (26 Jan 1636)
  • Notary public's certificate: Acta (5), fo. 396v (26 Jan 1636)
  • Warrant: 13/1p (2 Dec 1637)
• Proceedings
  • Proceedings before Maltravers: 1/2 (24 Jan 1635)
  • Proceedings: EM348 (9 May 1635)
  • Proceedings: EM349 (30 May 1635)
  • Proceedings before Arundel: 8/24 (9 Jun 1635)
  • Proceedings before Huntingdon: 8/25 (20 Jun 1635)
  • Undated proceedings: R.19, fos. 390-399 (c. Jun 1635?)
  • Proceedings before Arundel: College of Arms MS 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C], (hereafter 68C), fos. 89r-100r (May 1636)
  • Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637)
  • Proceedings: 8/30 (2 Dec 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)

People mentioned in the case

• Arnold, Jane
• Arnold, Robert
• Bawde, Maurice, gent (also Bawd)
• Brownlowe, William, esq (also Brownlow)
• Caldron, Morrice, husbandman
• Carter, William, clerk
• Clinton-Fiennes, Theophilus, earl of Lincoln
• Colby, William, gent
• Coney, Richard, gent (also Cony)
• Coney, Richard, knight
• Cotton, Thomas
• Cranwell, Adam, clerk
• Dawson, Henry
• Dawson, John
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Farmery, Edward, notary public (also Farmerie)
• Groom, John, gent (also Groome)
• Harrington, Thomas, esq
• Harris, Richard, notary public
• Hastings, Henry, earl of Huntingdon
• Hide, Henry (also Hyde)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howe, Thomas, servant
• Hussey, Edward, knight and baronet
• Hutton, justice
• Lawrence, Matthew, clerk
• Laughton, Thomas, labourer
• Mansfeldt, Ernst, count
• Mason, Nicholas, constable
• Milner, Francis, labourer
• Ryland, William
• Seywell, Morrice
• Sherman, Anne
• Sherman, John
• South, John, labourer
• Stuart, Charles I, king
• Talbot, Clere, lawyer
• Thimbleby (also Thimblebye, Thimblebie)
• Thornton, John, gent
• Willoughby, Francis, baron Willoughby of Parham
• Wincup, John, gent

Places mentioned in the case

• Lincolnshire
  • Belton
  • Boothby
  • Bourne
  • Folkingham
  • Grantham
  • Heydour
  • Humby
  • Kirkby
  • Sleaford
  • Somerby
  • Waddington
• Huntingdonshire
  • Conington
• Northamptonshire
  • Naseby
• Rutland
  • Whissendine

Topics of the case

• allegation of cowardice
• archdeacon
• assault
• assizes
• challenge to a duel
• constable
• denial of gentility
• giving the lie
• high sheriff
• judicial maiming
• maiming
• nicknaming
• office-holding
• royalist
• scatological insult
• sexual insult
• threatened killing
• violence against women