4 Andrewes v Farmer

4 ANDREWES V FARMER

Edward Andrewes of Bisbrooke, co. Rutland, gent v William Farmer of East Norton, co. Leicester, gent

June 1638 - January 1640

Abstract

Andrewes, the high sheriff of Rutland, accused Farmer of having called him 'the son of a whore, a base fellow, and noe gentleman' in the highway from Nottingham to London in November 1636. Witnesses for Andrewes were examined at the inn of Michael Cooke in Nottingham on 4 September 1638, and testified that the two men had quarrelled prior to this and that Farmer had challenged Andrewes to a duel, taunting him with charges of cowardice and bidding him to 'get his sword sharpened, glazed and a good long one'. The final delivery of the sentence was postponed and on 23 February 1639 the case was referred to the peers, Henry, Earl of Huntingdon, Viscount Camden, Lord Hastings and Lord Brudenell to produce a reconciliation between the parties. This appears to have failed as on 22 January 1640 Farmer was sentenced to perform a submission and pay £40 in damages to Andrewes. [See cause 38 for a later case involving Farmer].

Initial proceedings

Cur Mil II, fo.120, Libel

1. Edward Andrewes was from a family reputed to be ancient gentry for up to 60 years, and since November had been high sheriff of co. Rutland.

2. Between October and December 1636 in Nottingham town, William Farmer said 'in a malicious and angry manner that I was or am the son of a whore, a base fellow, and noe gentleman, and challenged me to fight with him the next day'.

No date.

Signed by Clere Talbot.

Plaintiff's case

Cur Mil II, fo. 121, Letters commissory for the plaintiff

Addressed to commissioners Thomas Broome, esq, Hatfield Reckles, gent, George Ward and Walter Kege, gents, and also Giles Harris, gent, George Butler, gent, Matthew Clarke, gent, Posthumo Priestman, gent, to meet in a cause of scandalous words provocative of a duel, on 4 September 1638, in the inn of Michael Cooke, in Nottingham town.

Dethick assigned Edward Latham as notary public.

Dated 2 June 1638.

Signed by Gilbert Dethick, registrar.

Cur Mil II, fo. 116, Notary public's certificate

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

5 August 1638.

Notary's mark.

Cur Mil II, fos.110-115, Plaintiff depositions

Taken before the commissioners Thomas Brome, esq, Hatfield Reckles, gent, Giles Harris, gent, with Edward Latham as notary public, in a cause of scandalous words provocative of a duel, on 4 September 1638, in the inn of Michael Cooke, in Nottingham town.

fos.111r-v (Witness 1), Ralph Braddock of Darley, co. Derby, yeoman, aged over 30

To Andrewes's libel:

2. In November he was in the highway between Nottingham and London where he heard Farmer call Andrewes 'cowardlie base fellow and said that he durst not fight with him'. Farmer then challenged Andrewes to fight him in the morning. The witness and Hankin Glewe were present 'both upon one horse', with William Baker on foot and other strangers.

To Farmer's interrogatories:

3-4. Negative.

5. Passing by when the words were spoken, he did not hear the beginning of the quarrel.

Signed by Ralph Braddock [his mark] and by the three commissioners.

fos.111v-112r (Witness 2), Hankin Glewe of Belper, co. Derby, yeoman, born there, aged about 28

To Andrewes's libel:

2. In November 1636, he was on the highway from London to Nottingham when he heard Farmer tell Andrewes that he 'was the son of a whore and a base fellow'. Ralph Braddock, William Baker and others were present.

To Farmer's interrogatories:

2. He wished victory to the party with most right.

3, 4. Negative.

5. The parties had been quarrelling before Farmer spoke the above words.

Signed by Hankin Glew and by the three commissioners.

fos.112v-113r (Witness 3), William Baker of Nottingham, co. Nottingham, carpenter, born there, aged about 20

To Andrewes's libel:

2. In November 1636, he was on the highway from London to Nottingham when he heard Farmer tell Andrewes that he was a 'coward and a base fellow'. Ralph Braddock, Hankin Glewe, Robert Huffett and others were present.

To Farmer's interrogatories:

2. He wished both parties alike.

3, 4. Negative.

5. Andrews told Farmer 'that he came out of a broade Cloath liste[sic] whether he did speak the words before or after Mr Farmer called him coward and base fellow he doth not remember'.

Signed by William Baker and by the three commissioners.

fos.113r-v (Witness 4), Robert Huffett of Nottingham, co,. Nottingham, maltster, lived there for 14 years, aged about 24

To Andrewes's libel:

2. In November 1636, he was on the highway from London to Nottingham when he heard Farmer call Andrewes 'base fellow and coward, the son of a whoare and withal challenge Mr Andrewes to meet him upon that hill the next morning to fight with him and bidd Andrews to get his sword *sharpened*, glazed and a good long one'. Two of Sir Thomas Hutchinson's sons, Ralph Braddock, Hankin Glewe, William Baker and others were also present.

To Farmer's interrogatories:

2. He favoured the parties indifferently.

3, 4. Negative.

5. The occasion of speaking the words was 'upon making a match of cocking... saving that Mr Andrews did tell Mr Farmer that there was cutt out of a broad cloath list [sic] before *and after* Mr Farmer called him the words by him predeposed.'

Signed by Robert Huffett [his mark] and by the commissioners Brome and Harris.

fos.114r-v (Witness 5), Robert Turland of Bisbrooke, co. Rutland, husbandman, lived there for 30 years, aged about 64

To Andrewes's libel:

1. He knew Mr Edward Andrewes, the plaintiff's father, who, along with the plaintiff's grandfather was reputed an esquire, descended from an ancient gentry family. Andrewes was still serving as high sheriff of Rutland.

To Farmer's interrogatories:

2. He was one of Andrewes's tenants 'and wisheth that right may take place'.

Signed by Robert Turland and by the three commissioners.

fos.114v-115r (Witness 6), Kenelm Berrie of Bisbrooke, co. Rutland, husbandman, lived there for 20 years, aged 60

To Andrewes's libel:

1. As witness 5.

To Farmer's interrogatories:

2. He was one of Andrews's tenants 'and weareth his liverie this year *being high sheriff* and wisheth that right may take place'.

3, 4. Negative.

Signed by Kenelm Berrie and by the three commissioners.

Cur Mil II, fo.122, Defence interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness.

2. Was the witness a household servant or retainer to Andrewes? Was the witness related to Andrewes, and if so in what degree? Who did they favour in this cause and to whom would they give the victory if it were in their power?

3. Had there been discord or controversy between the witnesses?

4. Had the witness talked with anyone concerning their deposition? Had the witness been directed or instructed how to depose? If so by whom, and what was said between them?

5. Upon what occasion or provocation did Farmer speak the words? What words passed between the two parties before and after?

6. Why should Farmer call Andrewes 'the sonn of a whore'? Did he know the parents of Andrewes, and how long they had been married before Andrewes was born? Had either of the parents had any other children before the plaintiff was born, and if so how many?

Dated 15 October 1638.

Signed by Thomas Exton.

Submission

4/28, Submission

William Farmer was to perform his submission at the next meeting of the Rutland assizes at Oakham between 1 and 3pm 'in the hall of the inne called the Crowne scituate in Oakham before six persons of qualitie, knights, esquires or gentlemen, shall subscribe this submission with his own hand & the same being soe subscribed shall in a fitting manner deliver the same to Edward Andrewes of Bisbrooke in the Countie of Rutland esquire'.

'Whereas I am enjoyned by an order made against me by the honourable Henry Earl of Huntingdon & the right honourable Henry Lord Maltravers to make submission to Mr Andrews for sayinge that Mr Andrewes was a base cowardlie fellowe & the sonne of a whore & for challenging Mr Andrewes to fight with me. I doe here under my hand humbly acknowledge myself to be hartilie sorrie for my scandalous, injurious and rashe wordes. And I doe confess that I have much wronged Mr Andrews in uttering the words. And I do heartily & faithfully promise never to offend the like againe but to carry & demeane myselfe in all peaceable and respectfull manner to Mr Andrews & all other his Majesties loving subjects whatsoever.'

'22 January 1639/40: Lett this submission be made in manner aforesaid.'

Signed by Lord Maltravers.

2/80, Defendant's bond of submission

Henry, Earl of Huntingdon and Henry, Lord Maltravers had sentenced Farmer to pay to Andrewes £40 costs, of which £20 was to be paid on or before the feast of the Annunciation of the Virgin, and the other £20 was to be paid on or before the feast of St Michael the Archangel.

Farmer was also to perform his submission 'in such manner time and place as shalbe enjoyned him by the Court'.

Signed by William Farmer.

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

Summary of proceedings

Dr Duck acting as counsel for Andrewes, Dr Talbot for Farmer. Although Dr Duck petitioned to hear sentence on 6 November 1638, in 1639 there were further proceedings on 28 January, 9 and 21 February which postponed the final sentence until 23 February. On that day Dr Duck produced a certificate of Andrewes's gentility from Sir William Le Neve, Clarenceux King of Arms; sentences porrected in writing were submitted, but the case was referred to the peers, Henry earl of Huntingdon, Viscount Camden, Lord Hastings and Lord Brudenell, or any two of them, to produce an amiable reconciliation between the parties.

Notes

Arms of the family of Andrewes of Bisbrooke appear in the Visitation of Rutland in 1618-19. William Farmer of East Norton, co. Leicester, may have been the fifth son of Bartholomew Farmer of Ratcliff, co. Leicester, and Ursula, daughter of Robert Mottes of Whitchurch-juxta-Aylesbury, co. Buckingham, who was fifteen at the time of the Visitation of 1619.

G. J. Armytage (ed.), The Visitation of the County of Rutland in the year 1618-19 (Publications of the Harleian Society, 3, 1870), p. 45; J. Fetherston (ed.), The Visitation of the County of Leicester in the year 1619 (Publications of the Harleian Society, 2, 1870), p. 179.

Documents

• Initial proceedings
  • Libel: Cur Mil II, fo. 120 (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil II, fo. 121 (2 Jun 1638)
  • Notary public's certificate: Cur Mil II, fo. 116 (5 Aug 1638) [sic]
  • Plaintiff depositions: Cur Mil II, fos. 110-115 (4 Sep 1638)
  • Defence interrogatories: Cur Mil II, fo. 122 (15 Oct 1638)
• Submission
  • Submission: 4/28 (22 Jan 1640)
  • Defendant's bond of submission: 2/80 (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 Marten: R.19, fo. 470v (13 Nov 1638)
  • Proceedings before Maltravers: 1/9 (28 Jan 1639)
  • Proceedings: 1/7, fos. 36-47 (9 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 20-33 (21 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Andrewes, Edwards, gent (also Andrews)
• Baker, William, carpenter
• Berrie, Kenelm, husbandman (also Berry)
• Braddock, Ralph, yeoman
• Broome, Thomas, esq
• Brudenell, Thomas, baron Brudenell of Stonton Wyville
• Butler, George, gent
• Clarke, Matthew, gent
• Cooke, Michael, innkeeper
• Dethick, Gilbert, registrar
• Farmer, William, gent
• Glewe, Hankin, yeoman
• Harris, Giles, gent
• Hastings, Ferdinando, baron Hastings
• Hastings, Henry, earl of Huntingdon
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Huffett, Robert, maltster
• Hutchinson, Thomas, knight
• Latham, Edward, notary public
• Le Neve, William, knight
• Kege, Walter, gent
• Marten, Henry, knight
• Mottes, Robert
• Noel, Edward, viscount Camden
• Priestman, Posthumo, gent
• Reckles, Hatfield, gent
• Richardson, Robert
• Turland, Robert, husbandman
• Ward, George, gent
• Watson, John, lawyer

Places mentioned in the case

• Buckinghamshire
  • Whitchurch (also Whitchurch-juxta-Aylesbury)
• Derbyshire
  • Belper
  • Darley
• Leicestershire
  • East Norton
  • Ratcliff
  • Stonton Wyville
• London
• Nottinghamshire
  • Nottingham
• Rutland
  • Bisbrooke
  • Oakham

Topics of the case

• allegation of cowardice
• apparel
• arbitration
• assizes
• challenge to a duel
• denial of gentility
• high sheriff
• King of Arms
• livery
• other courts
• sexual insult
• weapon