153 Dawney v Stephenson

153 DAWNEY V STEPHENSON

Sir Thomas Dawney of Cowick, co. York, knt v William Stephenson of York

November 1639 - December 1640

Abstract

The quarrel between the two men originated with a debt of £600 which Dawney owed to Stephenson. Dawney complained that between May and July 1639 in Snaith and Whitgift parishes, Yorkshire, Stephenson had said of him that he was 'a knave, and were he not a knight, as arrant a knave as ever walketh.' Then on 20 August, at John Raper's alehouse in Swinefleet, Yorkshire, Stephenson had declared that if he 'did not pay him his money that was covenented reallie and truelie, setting his knighthood aside, he was a Canarie knave'. A commission headed by Gervase Rickard and Thomas Estofte, esqs, examined Dawney's witnesses on 24 March 1640, at the inn of Christopher Hick, at Turnbridge, in the parish of Snaith, Yorkshire. The witnesses included his son-in-law, Sir Henry Vaughan of Whitwell, Yorkshire, and other gentlemen who testified to Dawney's status and reputation. He had been a North Riding justice for thirty years, had served as sheriff for the county in 1610-11, 'with good credit and repute' and he belonged to a family of which it was 'credibly reported...the eldest sonnes...have usuallie been made knights, time out of mind'. Dr Hart was petitioning on Dawney's behalf for sentence, from October to December 1640; but no further proceedings survive and the case was presumably lost with the suspension of the court's sittings.

Initial proceedings

6/6, Petition

Dawney and his family had been knights for many years, while Dawney had been for a long time justice of the peace and quorum, and had also been High Sheriff of Yorkshire. Dawney complained that William Stephenson of the city of Yorke had recently abused him 'in speakinge and divulginge, att divers times and places, and before divers credible wittnesses, these contumelious and opprobrious wordes of your petitioner, that your peticoner was a knave and weere he not a knight as arrant a knave as walketh; and that your peticoner, settinge his knighthood aside, was but a knave,thereby provokinge your peticoner to duell.'

Petitioned that Stephenson be brought to answer.

Process granted by Maltravers on 2 November 1639.

6/9, Plaintiff's bond

2 November 1639

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

Signed by John Burgon of Cowick, co. York, on behalf of Sir Thomas Dawney.

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

2/73, Defendant's bond

This bond referred to Stephenson as gent.

10 January 1640

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

Signed by William Stephenson.

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

10/5, Libel

1. Dawney was from a family that had been reputed gentry for up to 50 or more years.

2. Dawney had been a knight for up to 40 years and the eldest sons of his family had usually been knights for time immemorial.

3. Dawney had served as high sheriff of Yorkshire and had also been a justice of the peace in Yorkshire.

4. William Stephenson had said between May and July 1639 in Snaith and Whitgift parishes that 'Thomas Dawney... is a knave and were he not a knight as arrant a knave as ever walketh.'

5. William Stephenson had said between July and October 1639 in Swinefleet and Whitgift parishes that 'That I... setting my knighthood aside was but a knave.'

No date.

Signed by Richard Hart.

Plaintiff's case

10/7, Letters commissory for the plaintiff

Addressed to commissioners Gervase Rickard, esq, Thomas Estoft, esq, Malliverer Rickard, gent, Nicholas Hawtene, gent, and also Ralph Pudsey, gent, Edward Nelthorpe, gent, to meet in a cause of scandalous words provocative of a duel from 23 to 25 March 1640, at the inn of Christopher Hick, at Turnbridge in the parish of Snaith, co. York.

William Lewin assigned William Wright as notary public.

Dated 4 February 1640

[Overleaf] '4 Feb 1639/40 Tho., Earl of Arundel, Earl Marshal, Order'.

20/1i, Warrant to cite witnesses

Latin warrant to cite witnesses in a cause of scandalous words provocative of a duel from 23 to 25 March 1640 in the inn of Christopher Hicke, in the town of Turnebridge, in the parish of Snaith, co. York.

Signed by Gervase Richard, esq, Thomas Estoft, esq, Nicholas Hawtene, gent, and William Wright, notary public.

20/1h, Plaintiff depositions

Taken before commissioners Gervase Richard, esq, Thomas Estoft, esq, and Nicholas Hawtene, gent, in a cause of scandalous words provocative of a duel, on 24 March 1639/40 in the inn of Christopher Hicke, in the town of Turnebridge, in the parish of Snaith, co. York.

(Witness 1), William Aykes of Cowick, co. York, gent, aged about 62

To Dawney's libel:

1-2. He knew that Dawney was knighted by James I at his court in Grimston in Yorkshire in 1603. He also knew Dawney's father, Sir John Dawney, knight, 'and hath heard it credibly reported without contradiction that the eldest sonnes of the Dawneys have usuallie been made knights *time out of mind* and it hath always been accounted for these fiftie years last past and more a generous family.'

3. Sir Thomas Dawney was High Sheriff of Yorkshire 30 years ago, and this witness saw him attend on the judges there that year, 'which office he verily believeth he executed for a whole year with good credit and repute'. Dawney had also been commonly reputed a Justice of the Peace for the North Riding for the last 30 years and more.

Signed by William Akes and by the commissioners Gervase Richard, Thomas Estoft, and Nicholas Hawtene.

(Witness 2), Richard Empson of Goolefield-Houses, co. York, yeoman, had known Dawney for 3 years and Stephenson for 12 years, aged about 40

To Dawney's libel:

1-2. He believed that Dawney and many of his ancestors were knights, and that the Dawneys had been 'a generous family for many years last past.'

4-5. During last Easter week he was at John Browne's alehouse in Swinefleet drinking with William Stephenson. 'Having paid their shot, and goeing home upon the bancks betwixt Swinfleet and Gowle', he talked with Stephenson about land that Dawney had recently bought from Stephenson, when Stephenson said that Dawney was a 'Canarie knave, setting his knighthood aside.'

Signed by Richard Empson [his mark] and by the above three commissioners.

(Witness 3), Sir Henry Vaughan of Whitwell, co. York, knight, had known Dawney for about 40 years, aged about 59

To Dawney's libel:

1-2. As witness 1.

3. Dawney was High Sheriff of Yorkshire about 23 years ago, and had been a Justice of the Peace in the North Riding for many years. Vaughan 'went amongst other gentlemen to the Cittie of Yorke with him when he was High Sheriff.'

4-5. He had heard that Stephenson had 'given out some opprobrious and scandalous speeches against Sir Thomas Dawney, but what the words were he knoweth not.'

6. He had married Sir Thomas Dawney's daughter.

Signed by Sir Henry Vaughan and by the above three commissioners.

(Witness 4), Henry Gunbie of Goole, co. York, gent, had known Dawney for about 30 years, and Stephenson for about 20 years, aged about 47

To Dawney's libel:

1-4. Not examined by Dawney's consent.

5. He was in John Raper's alehouse in Swinefleet last St Batholomew's day, 24 August, with Richard Hogg, William Stephenson, John Raper and his wife Elizabeth, when he heard Stephenson say that if Sir Thomas Dawney 'did not pay him his money that was covenanted reallie and trulie setting his knighthood aside he was a Canarie knave... since this suite began [Stephenson] told [Gunbie] that he was to be brought in as a witness against him in a suite betwixt Sir Thomas Dawney and him for scandalous words, vizt. that he was a Canarie; and further said I will not deny what I have said he is a Canarie.'

Signed by Henry Gunbie and by the above three commissioners.

(Witness 5), Richard Hogge of Swinefleet, co. York, yeoman, had known Dawney for about 10 years, and Stephenson for 20 years, aged about 63

To Dawney's libel:

1-4. Not examined by Dawney's consent.

5. He was with Stephenson 'at the Stathead' in Swinefleet last St Batholomew's day, when Stephenson persuaded him to go drinking with him at John Raper's alehouse, where they found Henry Gunbie, John Raper and his wife Elizabeth, when he heard Stephenson say of Dawney that, 'setting his knighthood aside, he was a Canarie knave if he did not pay his reckonings which are due betwixt them'.

Signed by Richard Hogge [his mark] and by the above three commissioners.

(Witness 6), Elizabeth Raper of Swinefleet, co. York, wife of John Raper, had known Stephenson for 10 years, aged about 40

To Dawney's libel:

1-4. Not examined by Dawney's consent.

5. Last St Batholomew's day in her own house in Swinefleet, she heard Stephenson say that if Dawney would not pay the remainder of the £600 pounds which he owed him, then 'setting his knighthood aside, was a Canarie knave'.

There were also present Richard Hogge, Henry Gunbie, and John Raper.

Signed by Elizabeth Raper [her mark] and by the above three commissioners.

(Witness 7), John Raper of Swinefleet, co. York, gent, had known Dawney for about 20 years and Stephenson for 10 years, aged about 38

To Dawney's libel:

1-2. He had known Dawney for about 20 years 'for that he was borne and bred up at Byland Abbey, about three or fower miles from Seasey, where Sir Thomas Dawney and his ancestors have formerly lived'. He had heard from his own ancestors that the Dawneys had been gentry for 60 years and that the eldest brothers of the family were usually knights.

3. Dawney was a Justice of the Peace for the North Riding.

4-5. Last St Batholomew's day in the morning he was at his own house with Henry Gunbie, when Stephenson and Hogge came in, and Stephenson '(pretending that Sir Thomas Dawney owed him some moneys) said that he had already commenced suite for the pretended moneys; and further said in the presence and hearing of Richard Hogge, Henry Gunbie and [Raper's] wife, that if Sir Thomas Dawney did not pay his moneys which were due unto him he was a Canarie knave'.

Signed by John Raper and by the above three commissioners.

20/1h, Notary public's certificate

Certificate in Latin signed by William Wright, notary public of the diocese of York, that the examinations had been completed and were now being returned.

25 March 1640.

Notary's mark.

Summary of proceedings

Dr Hart acted as counsel to Dawney and Dr Merrick to Stephenson. On 4 February 1640, Dr Merrick was called on to respond to the libel on behalf of Stephenson. From 10 October until 4 December 1640, Dr Hart was petitioning for sentence on Dawney's behalf.

Notes

Sir Thomas Dawney of Sessay and Cowick (c.1563-1642) was the son of Sir John Dawney of Sessay, knt, and Elizabeth, daughter of Sir Marmaduke Tunstall. He married Faith, daughter of Richard Legard of Rysome in Holderness, co. York. He was knighted by James I on 18 April 1603 and was High Sheriff of Yorkshire in 1610-11. He supported Sir Thomas Wentworth against Sir John Savile in the notorious Yorkshire county election of 1625. He died on 22 May 1642 and was buried at Snaith.

R. Davies (ed.), The Visitation of the County of Yorke begun in 1665 and finished in 1666, by William Dugdale (Surtees Society, 36, 1859), p. 264; W.M. Ormrod (ed.), The Lord Lieutenants and High Sheriffs of Yorkshire, 1066-2000 (Barnsley, 2000), pp.130-131; J. T. Cliffe, The Yorkshire Gentry from the Reformation to the Civil War (London, 1969), p. 283.

Documents

• Initial proceedings
  • Petition: 6/6 (2 Nov 1639)
  • Plaintiff's bond: 6/9 (2 Nov 1639)
  • Defendant's bond: 2/73 (10 Jan 1640)
  • Libel: 10/5 (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: 10/7 (4 Feb 1640)
  • Warrant to cite witnesses: 20/1i (no date)
  • Plaintiff's depositions: 20/1h (24 Mar 1640)
  • Notary public's certificate: 20/1h (25 Mar 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Stafford: 1/11, fos. 41r-44v (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

• Aykes, William, gent
• Burgon, John
• Dawney, Faith (also Dawnay)
• Dawney, Thomas, knight (also Dawnay)
• Empson, Richard, yeoman
• Estofte, Thomas, esq
• Gunbie, Henry, gent (also Gunby)
• Hart, Richard, lawyer
• Hawtene, Nicholas, gent
• Hick, Christopher, innkeeper (also Hicke)
• Hogg, Richard, yeoman (also Hogge)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howard, William, baron Stafford
• Legard, Faith
• Legard, Richard
• Lewin, William, lawyer
• Merrick, William, lawyer
• Nelthorpe, Edward, gent
• Pudsey, Ralph, gent
• Rainshaw, John, notary public
• Raper, Elizabeth
• Raper, John, gent
• Rickard, Gervase, esq
• Rickard, Malliverer, gent
• Savile, John, knight
• Stephenson, William
• Stuart, James I, king
• Vaughan, Henry, knight
• Watson, John
• Wentworth, Thomas, knight
• Wright, William, notary public

Places mentioned in the case

• Middlesex
  • Westminster
• Yorkshire
  • Grimston
  • River Ouse
• Yorkshire, East Riding
  • Holderness
  • Rysome
• Yorkshire, North Riding
  • Byland
  • Sessay
  • Whitwell
• Yorkshire, West Riding
  • Cowick
  • Goole
  • Goolefield-Houses
  • Snaith
  • Swinefleet
  • Turnbridge
  • Whitgift

Topics of the case

• denial of gentility
• drunkenness
• high sheriff
• justice of the peace
• office-holding