655 Underhill v Beard

655 UNDERHILL V BEARD

Simon Underhill of Idlicote, co. Warwick, gent v Maximilian Beard of London, haberdasher

October 1639 - February 1640

Abstract

Underhill, with the assistance of Endymion Porter, esq., Groom of the King's Bedchamber, petitioned the Lord Maltravers for process against Beard, which was granted on 22 October 1639. Both parties entered bonds and on 27 February 1640 the witness John Usher testified for Underhill that he had heard Beard say to him, in the yard of the Antelope, in Smithfield, London, 'Goe thy way, doe not stand here; thou art a poore base fellowe; thou hast bought a horse and I thinke thou hast noe money to pay for him', adding, 'Thou wearest a redd coate not worth tenn groates a yard, instead of scarlett'. Underhill retorted by calling Beard 'Beggarly priest, and held up a cane' to strike him, saying that 'if he had him in another place he would make him know that he was a gentleman'. No further proceedings survive.

Initial proceedings

6/1, Plaintiff's bond

21 October 1639

Bound to appear 'in the Court in the painted Chamber within the Palace of Westminster'.

Signed by Simon Underhill.

Sealed, subscribed and delivered in the presence of John Watson.

6/2, Petition

'Upon your supplicant's humble petition lately presented to your lordship it pleased your honor to grant your warrant against Maximilian Beard, haberdasher, for scandalous wordes by him spoken to the peticoner's defamacon. And because the petitioner is thereby publiquely disgraced and some of his materiall witnesses doe refuse in a voluntary way to make oath of their knowledge, hee most humblie prayeth your good lordship that the cause may be transmitted into the Court Military where your petitioner for publique wrong may receive publique satisfaccon in a legall preoceeding as to your lordships great wisedome shall be thought meet : for which lawfull favor Mr Endymion Porter was an humble suitor to your lordship a fewe dayes since in your petitioner's behalfe.

And your petitioner shall ever pray and c.

22 Oct 1639: Let the peticoner have a proces and exhibit his libell in courte.'

Signed by Maltravers.

2/171, Defendant's bond

6 November 1639

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by Max. Beard.

Sealed, subscribed and delivered in the presence of John Rainshaw.

Plaintiff's case

Cur Mil 1631-1642, fos. 41r-v, Plaintiff deposition

fos. 41r-v (Witness 1), John Usher of St Sepulchre parish, London, yeoman, lived there for 40 years, born at St Mary Somerset parish, London

27 February 1640

To Underhill's libel:

2. He heard Maximilian Beard say to Mr Underhill in the yard of the Antelope, in Smithfield, 'Goe thy way, doe not stand here; thou art a poore base fellowe; thou hast bought a horse and I thinke thou hast noe money to pay for him and thou... wearest a redd coate not worth tenn groates a yard instead of scarlett'. Underhill retorted, calling Beard 'beggarly priest and held up a cane he then had in his hand as if he would have stroken Bard but did not strike him. Mr Underhill told Bard that if he had him in another place he would make him knowe that he was a gentleman'. Edward Procter was also present, as was 'Mr Bromley, a taylor that dwelt in Warwicke lane, [Usher] and divers others'.

3. Beard spoke the words 'to the disparagement of Mr Underhill... and did meane and intend the scarlet coate Mr Underhill then had on'.

Notes

Underhill did not appear in the 1619 nor 1682-3 Visitations of Warwickshire.

J. Fetherston (ed.), The Visitation of the County of Warwick, 1619 (Publications of the Harleian Society, 12, 1877); W. H. Rylands (ed.), The Visitation of the County of Warwick, 1682-3 (Publications of the Harleian Society, 62, 1911).

Documents

• Initial proceedings
  • Plaintiff's bond: 6/1 (21 Oct 1639)
  • Petition: 6/2 (22 Oct 1639)
  • Defendant's bond: 2/171 (6 Nov 1639)
• Plaintiff's case
  • Plaintiff depositions: Cur Mil 1631-42, fo. 41 (27 Feb 1640)

People mentioned in the case

• Beard, Maximilian, haberdasher
• Bromley, Mr, tailor
• Howard, Henry, baron Maltravers
• Porter, Endymion, esq
• Rainshaw, John
• Stuart, Charles I, king
• Underhill, Simon, gent
• Usher, John, yeoman
• Watson, John

Places mentioned in the case

• London
  • St Mary Somerset
  • St Sepulchre
  • Smithfield
  • Warwick Lane
• Middlesex
  • Westminster
• Warwickshire
  • Idlicote

Topics of the case

• apparel
• denial of gentility
• royal servant
• threatened violence