570 Rumsey v Rogers

570 RUMSEY V ROGERS

John Rumsey of Usk, co. Monmouth, gent v William Rogers of co. Monmouth

January 1639 - December 1640

Abstract

Rumsey complained that between March 1637 and July 1638, Rogers had said to him in Usk, Monmouthshire, 'Thou art a base scabb, and darst thou give me a challenge', which words were provocative of a duel. Rumsey gave his libel on 28 January 1639 and his witnesses were examined by Walter Harris, clerk and William Morgan, gent, on 19 April at the inn of Edward Bowen, in Usk. The examination of the witnesses for Rogers was ordered to be held 14-16 January 1640 at the house of William Howell John in Usk. Rumsey had won the verdict by October 1640 and was awarded £40 damages and £20 expenses. This was still unpaid on 4 December, the final day of the court's sitting.

Initial proceedings

Cur Mil I, fo.7, Libel

1. Rumsey's family had been gentry for up to 60 years. Between March 1637 and July 1638, in the town of Usk, Rogers had said to Rumsey, 'Thou art a base scabb, and darst thou give me a challenge', which words were provocative of a duel.

Dated 28 January 1639

Signed by Thomas Gwynn.

Plaintiff's case

Cur Mil I, fo. 56, Letters commissory for the plaintiff

Addressed to commissioners William Morgan, gent, Walter Morgan, gent, Walter Harris, clerk, Lodovick Jones, clerk, and also, John Jones, gent, Walter Powell, gent, and Lodovick Jones, clerk, to meet from 18 to 20 April 1639 at the inn of Edward Bowen in the town of Usk, co. Monmouth.

Gilbert Dethick assigned Walter Vaughan as notary public.

Dated 28 January 1639

[Overleaf]

Easter term 1639

Cur Mil I, fos. 5-6, Plaintiff depositions

Taken before Walter Harris, clerk and William Morgan, gent, commissioners examined the cause on 19 April 1639 in the inn of Edward Bowen, in Usk.

fo. 5r (Witness 1), William Jones of Usk, co. Monmouth, gent, aged about 29

To Rumsey's libel:

'John Rumsey and Henry Rumsey his father were accompted, reputed and taken to be (during all the time of his remembrance) gentlemen, and that Henry Rumsey did duringe his life tyme live in good fashion and lefte a good estate behind him amongst his children.' About the time and place in the libel, William Rogers 'in angry and provoking manner' called John Rumsey 'scabb', and 'either did give the challenge to John Rumsey or provoke and dare John Rumsey to give William Rogers the challenge.'

Signed by William Jones and by commissioners Harris and Morgan.

fo. 5v (Witness 2), Henry Rumsey of Usk, co. Monmouth, gent, aged about 28

To Rumsey's libel:

William Rogers called John Rumsey 'base scabbe and stinkinge scabbe and durst thou give me the challenge and that thou, nor thy generation, are no gentlemen, with many other fowle and opprobrious words'. Rumsey's family had been always accounted 'of an ancient family and gentlemen of good fashion and rank'.

Signed by Henry Rumsey and by commissioners Harris and Morgan.

fos. 5v-6r (Witness 3), John Jones of Usk, co. Monmouth, gent, aged about 21

To Rumsey's libel:

'In most angry, outrageous and provoking manner', William Rogers called John Rumsey 'stinkinge scabbe and darest thou give me the challenge'. These words were spoken before James Parry, John Jones and William James.

Signed by John Jones and by commissioners Harris and Morgan.

fo. 6r (Witness 4), William James of Usk, co. Monmouth, yeoman, aged about 66

To Rumsey's libel:

Rumsey, his father and grandfather, were as long as he could remember, being about 57 years, 'commonly accompted, reputed and taken to be gentlemen of good family, estate, rank and fashion. And the reason he knoweth the same to be true is for that one William Rumsey, uncle to the plaintiff, was aboutes xx^tie years since high sheriffe of the countie of Brecknock, and that his father was a man that carried and behaved himself like a gentleman in the towne of Uske aforesaid during his lifetime.'

Signed by William James [his mark] and by commissioners Harris and Morgan.

fo. 6v (Witness 5), Edward Bowen of Usk, co. Monmouth, gent, aged about 65

To Rumsey's libel:

Rumsey, his father and grandfather, were for about 56 years in his remembrance 'commonly accompted, reputed and taken to be gentlemen of good rank, estate and family during all their lives tyme, and left good estates after them to their posterities.'

Signed by Edward Bowen and by commissioners Harris and Morgan.

Cur Mil I, fo. 3, Notary public's certificate

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

28 April 1639.

Notary's mark.

7/68, Letter of John Rumsey naming commissioners

No date.

'To his loving friend Mr Roberts, Mr Doctor Merick, Clarke in Doctors Commons this:

Mr Roberts, I pray deliver the names here inserted to Mr Dethick to be commissioners for my brother; and take a noate of the names of Rumsey's [sic] commissioners, and when and where the commission is to be executed. And I shall rest yours to command

John Rumsey.

Thomas Morgan q

Rowland Morgan d

Commissioners:

Henry Rumsey, gent of Usk

William Jones, gent of Llanfrechfa

Hugo Walter, parson of Mynyddislwyn

Lodovick Jones, parson of Llandewi Rydderch

The commission for defendant to be kept at the house of William Howell John in Usk, co. Monmouth, 14-16 of January.

'Mr Roberts, I pray lett not the commission for the defendant bee issued out until I can come to speake with your master.'

Summary of proceedings

Dr Gwyn acted as counsel for Rumsey and Dr Tooker for Rogers. On 4 February 1640 Dr Gwyn petitioned that the testimonies of Rumsey's witnesses be published and Dr Tooker was to relate material for the defence. On 24 and 30 October1640 the court wasto hear the verdict concerning payment of £60 for expenses and damages. On 4 December 1640Dr Gwyn petitioned for payment of £40 damages and £20 expenses, Rogers dissenting. Rogers was to pay the expenses by next Hilary term and the damages within three months.

Notes

The burial of Margaret Baskervile a relative of Henry Rumsey is mentioned on a brass plate in Usk church, dated 9 December 1613. Also, a 'very antient' Captain Rumsey, gent, was entered for Wolvesnewton, co. Monmouth, on 8 September 1683.

M. P. Siddons (ed.), Visitations by the Heralds in Wales (Publications of the Harleian

Society, new series, 14, 1996), pp. 210, 226.

Documents

• Initial proceeidngs
  • Libel: Cur Mil I, fo. 7(28 Jan 1639)
  • Letters commissory for the plaintiff: Cur Mil I, fo. 56 (28 Jan 1639)
  • Plaintiff depositions: Cur Mil I, fos. 5-6 (19 Apr 1639)
  • Notary public's certificate: Cur Mil I, fo. 3 (28 Apr 1639
  • Letter naming commissioners: 7/68 (no date)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings: 1/11, fos. 49r-52r (24 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Baskerville, Margaret
• Bowen, Edward, innkeeper
• Dethick, Gilbert, registrar
• Gwynne, Thomas, lawyer (also Gwyn, Gwynn)
• Harris, Walter, clerk
• Howard, Henry, baron Maltravers
• James, William, yeoman
• John, William Howell
• Jones, John, gent
• Jones, Lodovick, clerk
• Jones, William, gent
• Merrick, William, lawyer
• Morgan, Rowland
• Morgan, Walter, gent
• Morgan, William, gent
• Parry, James
• Powell, Walter, gent
• Rogers, William
• Rumsey, Captain, gent
• Rumsey, Henry, gent
• Rumsey, John, gent
• Rumsey, William
• Tooker, Charles, lawyer
• Vaughan, Walter, notary public
• Walter, Hugh, clerk

Places mentioned in the case

• Monmouthshire
  • Llanfrechfa
  • Llandewi Rydderch
  • Mynyddislwyn
  • Usk
  • Wolvesnewton
• Wales

Topics of the case

• denial of gentility
• high sheriff
• military officer
• office-holding
• provocative of a duel