567 Rowdon v Mace

567 ROWDON V MACE

Edward Rowdon of Rowdon, co. Hereford, gent v Richard Mace of Bromyard, co. Hereford, yeoman

May 1635 - October 1637

Abstract

Rowdon complained that at the inn of James Hunt and Mrs Millicheap at Ludlow, Shropshire in October 1634, and at the inn of Christopher Capper in Bromyard, Herefordshire in April 1635, Mace had said, in the presence of several gentry, that Edward Rowdon and his father, Richard, were not gentlemen and 'that they did usurpe that name; and that he would make them find another name'. It was claimed that he had also said that he 'was neere of kin to Queen Elizabeth' and 'a better man by two or three degrees than Richard Rowdon', and that he was 'but Dicke Rowdon of Rowdon, and I am Richard Mace of Wacton.' Rowdon entered his libel in May 1635 and his witnesses were examined by a commission headed by Edward Pennell, esq, on 10 September 1635 at the Crown Inn, Tewkesbury, Goucestershire. Mace, who was a tax assessor, maintained that he had simply picked up on a statement made at the Visitation of Herefordshire in 1634 to the effect that the Rowdons' surname was Townley, not Rowdon. If this was the case, he said, 'he had mistaken him by taxing him in the name of Rowdon' and he felt sorry for Rowdon's tenants because 'their leases were of no effect.' He also attacked Rowdon's witnesses as untrustworthy, maintaining that Thomas Cooper, an informer to the Council in the Marches, had been imprisoned for misdemeanours relating to his position. The witnesses for Mace's defence were examined by a commission headed by John Racster and Robert Racster, clerics, on 28 April 1636 in the inn of Richard Williams in Bromyard, Hereford. On 29 April 1637 the court passed sentence and heard a certificate from the Kings of Arms based on the pedigree presented at the Herefordshire Visitation which showed that John Townley had changed his name to Rowdon five generations earlier. Rowdon won £30 damages and 20 marks expenses, to be paid in Easter and Michaelmas terms. On 31 October 1637 Mace and Mr John Rappaport were required to certify Mace's submission.

Initial proceedings

9/4/14, Complaint

Rowdon complained against Richard Mace, yeoman for having said that Rowdon 'was not a gent and that Mace was a better man and would prove himself to beare better armes then Rowden; and moreover did soe disparage Rowden that Mace said he would make him find a new name, and that his name was not Rowden, but did usurpe that name.'

These wordes were spoken at the towne of Ludlowe, co. Salop in October or November last past and in the market town of Bromyard, co. Hereford in April last.

4 May 1635

Signed by Edward Rowdon.

[Endorsed 2 May 1635].

9/4/11, Libel

With papers for 30 May 1635

The libel alleged that Rowdon was the son and heir of Richard Rowdon of Rowdon and that Mace was no gentleman. Alleged that in Ludlow, co. Salop and Bromyard, co. Hereford in the presence of divers persons of gentle status Mace had said 'that Richard and his son Edward Rowdon were not gentlemen, that they did usurpe that name and that he would make them find another name; and that Richard Mace was neere of kin to Queen Elizabeth.' Seeks justice against Mace for the restitution and satisfaction of his honour.

11/30a, Libel

The Rowdons had been gentry for up to 200 years, while Richard Mace was from plebeian stock. From September to April Mace had said '... that Richard Rowdon and his sonne Edward Rowdon were not gentlemen, that they did usurp that name and that he would make them find another name, and that he Richard Mace was neere of kinne to Queene Elizabeth.'

No date.

Signed by Arthur Duck.

R.19, fo. 23r, Summary of libel

'Edward Rowdon is the sonne and heire of Rich: Rowdon of Rowdon and that he and his ancestors for above 200 yeares past is and have been gentlemen of an ancient family. And that Mace (such a time and place), before many gentlemen and others, said that Richard Rowdon and his sonne Edward Rowdon were not gentlemen, that they did usurp the name, and that he would make them find another name; and that Richard Mace was neere of kin to Queen Elizabeth or to that effect, thereby to provoke and c.'

1635

No signature.

Plaintiff's case

11/30b, Letters commissory for the plaintiff [damaged]

Commissioners Sir Thomas Cornwall [damaged] Edward Pennell esq, [next name faded] and James Button, gent, and also John Raxter, clerk, Robert [surname torn off] clerk, Richard Browne and John [surname faded], to meet from 19 to 20 September 1635 at the Crown Inn, Tewkesbury, co. Worcester [sic].

Gilbert Dethick assigned Stephen Robinson notary public.

Dated 9 June 1635.

Signed by Gilbert Dethick.

11/30c, Appointment of notary public

'Whereas Edward Rowdon of Rowdon inn the county of Hereford, gentleman, hath obtained a commission to examine witnesses on a libel to the commission annexed, to be spedd the 9^th, 10^th and 11^th dayes of September next by me Gilbert Dethick, notary public, register to the right honorable Thomas Earle of Arundell and Surrey Earle Marshall of England in his honors Court Military or my deputy. And whereas I cannot attend the speeding of the commission, I doe hereby nominate upon and depute my servant Humfrey Terrick, notary publiq, to speede the commission and to doe all and every thing that I should doe therein if I were personally present. In witness whereof I have hereto put my hande and seale this xxii^th day of August in the eleaventh yeare of the Raigne of our Soveraigne Lord Charles by the Grace of God King of England, Scotland, France and Ireland defendor of the faith andc.

Anno dm 1635

[Signed and sealed by] Gilbert Dethick'.

11/30d, First set of defence interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witness's age, occupation and condition of living? Where did the witness live and how did he know the parties?

2. Was the witness a relative, household servant or retainer, or indebted to Rowden?

3. How much was the witness worth in goods with his debts paid?

4. The witness was asked in what town, house, and room were the pretended words in the libel spoken? They were asked in what year, month, week, day and hour they were spoken? Who was present? Who gave cause then and there?

5. Did Richard Mace, within the time in the libel, bear some office within the places in the libel, and by virtue of that office, Mace was to make a rate or tax within those places? Had Mace set that rate and levied it upon Rowdon among others?

6. At the last visitation of the heralds to co. Hereford, was it publicly said that Edward Rowdon's name was Townley, and that his predecessors were called Townley and not Rowdon? Was this 'not generally spoken of within the' district?

7. At the pretended speaking of the words in the libel did Mace say 'that att the heralds said coming downe, he heard that Edward's name was Towneley, and that if it were, he had mistaken in taxing of him by the name of Rowden'? Were these not all the words that Richard Mace spake at the pretended time and place'?

8. Had he known Rowdon's and Mace's ancestors? Were they 'commonly and generally knowne to be reputed in the rancke of gentlemen'?

9. Was Thomas Cooper 'not accounted an idle fellow and one of noe credit or reputacon'? Of what 'profession or condicon of life Thomas is and whether there be any credit to be given to his sayings and exposicons'?

10. Was Thomas Debitot 'not overcome with excessive drinking at the tyme and place of the pretended speaking the pretended words and whether Thomas Debitot did not then and there stroke or offer to strike Richard Mace upon noe occacon given him by Richard Mace'?

No date.

Signed by William Merrick.

11/30e, Second set of defence interrogatories

1. Within the last seven years, had Thomas Cooper been 'an informer or a relator at the Counsell in the Marches of Wales'? Was Thomas Cooper in July 1635 '*fyned and* committed to prison by the bench of the counsell for misdemeanors as he hath heard say for compounding of affray wherein he was a relator or informer, and for serving of men with process for a cause or matter of debt, and for taking of xxiii^s for to compound the same cause'?

2. Was Thomas Debitet 'a man which is given to excessive drinking and how many tymes Debitet hath bene drunk or overcome with excessive drinking within the space of these last 7 yeares as he doth know, believeth or hath heard sayd'?

3. Had Thomas Debitet within the last 8 to 12 years killed Mr Anthonie Pritchard and 'whether he were arrayned and had his tryall at the barr for the murther as he doth knowe'?

4. 'Whether Thomas Blake a pretended witness produced and sworne in this pretended cause within the space of these one to seven yeares last past hath bene presented or detected for begetting a bastard childe. And whether Thomas Blake *hath been excommunicate* at this tyme touching that business as he doth knowe, beleve and c.'?

No date.

No signatures.

11/30f, Third set of defence interrogatories

'Whether within the space of these one to seven or more yeares last past there have been divers controversies and several suites in law betweene [Thomas Cooper] and Richard Mace, *and who had victorie in the same suites* as he doth knowe, believe or hath heard saye'?

No date.

No signatures.

11/30g, Plaintiff depositions

Taken before commissioners Edward Pennell, gent, Thomas Acton, gent, John Raxter, clerk, and Robert Raxter, clerk, on 10 September 1635 at the Crown Inn, Tewkesbury, co. Worcester [sic].

(Witness 1), Thomas Dabitot of Munderfield Harold [in the parish of Bromyard], co. Hereford, gent, had known Rowdon for 30 years and Mace for 5 years, aged about 38

To Rowdon's libel:

Edward Rowdon and his father Richard Rowdon had been reputed gentlemen for 30 years and 'be discended of an ancient familie as he hath heard'. He had heard Richard Mace had been called Mr Mace. Around March or April 1635 at the house of Christopher Capper in Bromyard he heard Richard Mace say that Edward Rowdon and his father Mr Richard Rowdon were no gentlemen and that 'Mace was a better man and that he himself gave better armes then Edward Rowdon or his father; and that Mr Richard Rowdon's name was not Rowdon, and that Mace would make Richard Rowdon and Edward Rowdon his sonne finde an other name. And he saith that there were present at the premises Thomas Blake and others whose names he doth not now remember.'

Signed by Thomas Dabytott and by the four commissioners.

To Mace's first set of interrogatories:

1. 'He referreth himself to the preamble of his deposiconand farther answereth that he was borne in the parish of Bromyard and that he lives on his lands.'

2. 'He answereth negatively saving that he is indebted to Edward Rowden in the sume of 13s 4d.'

3. He was worth £1000 with his debts paid.

4. The words he deposed of were spoken in the middle chamber of Capper's house and Mace spoke the words of his owne accord.

6-8. Negative.

Not examined on the rest by Mace's consent.

To Mace's second set of interrogatories:

1. He had heard that 'Cooper was a relator at the Counsell in the Marches of Wales.'

Signed by Thomas Dabytott and by commissioners Pennell, Acton, and Robert Raxter.

(Witness 2), Thomas Cooper of Bredenbury, miller, co. Hereford, born there, had known Rowdon for 30 years and Mace for 15 years, aged about 55

To Rowdon's libel:

'Edward Rowdon is the eldest sonne and heire apparent of Richard Rowdon and soe reputed'. He had known Richard Rowdon for 50 years and Edward Rowdon for 30 years, 'and they both for that tyme have bene generally reputed to be gentlemen and to be discended of an ancient familie as he hath heard'. Richard Mace at the house of Christopher Capper in Bromyard in about March or April 1635 said that 'Edward Rowdon and Richard Rowdon were noe gent., and that they had usurped the name of Rowdon and that he Mace was a better man by seaven or tenn degrees, *but* (whether seaven or tenn he doth not now remember) then the Rowdons were. And then Thomas Dabitot said to Mace that Richard Rowdon and Mr Edward his sonne were reputed to be gentlemen, and to be discended of an ancient familie. Whereupon, Mace replied that there was present a man that was better borne then Mr Rowdon or any of his children, for that Mace, his mother, was cosen to Queene Elizabeth and that his mother did attend the Queene'. Richard Mace 'did then and there say that Edward Rowdon was a base fellow and noe gentleman *and that he did usurp the name of Rowdon*. And that he would make the Rowdons deny that name'. Thomas Dabitot, Thomas Blake, Christopher Capper and his wife were present, but he knew not whether Capper and his wife heard what Mace said. In October 1634 at the house of James Hunt and Mrs Millicheap at Ludlow, co. Salop, he heard Richard Mace say that 'Edward Rowdon and his father were noe gentlemen, and that Mace was a better man then Edward Rowdon or his father for that Mace his mother (as he Mace then said) was Cosen to Queene Elizabeth'. Two gentlemen of Prestende, co. Radnor 'whose names he knoweth not, nor whether they did dwell there, and others whose names he cannot set downe' were present.

Signed by Thomas Cooper [his mark] and by the four commissioners.

To Mace's first set of interrogatories:

1. 'He refereth himself to the preamble of his deposicon and saith he was borne at Bredenbury and is by trade a miller and a turner.'

2. 'He answereth negatively and that because there be reckonings between Edward Rowdon and [Cooper] knoweth not whether he is indebted to Mr Rowdon or not, but he is indebted to him 3s 4d or thereabouts.'

3. He was worth of £30 with his debts paid.

4. 'The words by him formerly deposed of were spoken in a chamber in Cappes house and that Richard Mace began to speak and say to Thomas Dabitot that he, Mace, was a better man then Mr Rowdon or any of his sonnes; and farther saving his former deposicon he saith he cannot depose.'

6, 7. He could not answer.

8. He knew Mace's father 'and that he never knew that he was accompted to be a gent., save onely from the mouth of Richard Mace; and farther he saith he cannot depose saving his former deposicon.'

9. 'He answereth negatively and believeth that there is credit to be given to his deposicon; and he referreth himselfe to his former deposicon.'

10. 'He answereth negatively and that he cannot depose as is interr.'

To Mace's second set of interrogatories:

1. 'He answereth that he hath bene an informer at the counsell in the Marches of Wales within these 7 yeares last; and that he was fyned and committed to prison by the counsell there for taking xxiii s in a cause; and farther he answereth negatively.'

2. 'He answereth negatively and saith he cannot depose.'

3. He had heard that Thomas Dabitot 'did kill a man, and that he was arraigned for the same, and was acquitted'.

4. He had heard that Thomas Blake was about 10 years ago 'accused for begetting of a base child'.

To Mace's third set of interrogatories:

1. In the last 7 years there had been suits between 'Mace and him; and sometime [Cooper] hath had the victory therein and sometyme Mace hath overcome him'.

Signed by Thomas Cooper [his mark] and by the four commissioners.

(Witness 3), Thomas Blake of Bromyard, co. Hereford, tailor, born there, had known Rowdon since his birth and Mace for 8 years, aged 40

To Rowdon's libel:

'Edward Rowdon is the naturall and lawfull sonne and heire of Richard Rowdon and Richard Rowdon and Edward Rowdon for all the tyme of his knowledge of them have been reputed to be gentlemen and discended of an ancient familie'. In March or April 1635 he had Mace say at Christopher Capper's house in Bromyard that 'Richard Rowdon was noe gent., and that he would prove', and that 'Richard Rowdon was but little Dick Rowdon', and that Mace was 'Dick Mace of Wacton and that he Mace was a better man by two or three degrees then Richard Rowdon was'.

Signed by Thomas Blake.

To Mace's first set of interrogatories:

1. 'He referreth himself to the preamble of his deposicon and farther he cannot answer.'

2. 'He answereth negatively.'

3. He was worth over 20 shillings with his debts paid.

4. 'He referreth himself to his former deposicon'. Thomas Dabitot, Thomas Cooper and Richard Cooper were present, as was Mr Roger Wednester, 'who would not heare well'. 'Mace began first to speake concerning Mr Rowdon, and otherwise saving his former deposicon to which he referreth himselfe he cannot depose.'

6. 'He answereththat he hath heard Richard Mace say, since Whitsontide last, that Richard Rowdon's name was Rowdon alias Towneley and otherwise negatively.'

7. 'He referreth himselfe to his precedent deposicon and otherwise negatively.'

8. 'He answereth that he knew Henry Mace father of Richard Mace and that he hath heard Henry Mace sometyme called Mr Mace, and sometyme Harry Mace. And he farther answereth that he knew Anthony Rowdon of Rowdon, grandfather to Edward Rowdon, and that Anthony was generally reputed to be a gentleman; and otherwise he cannot answer'.

9. 'He answereth that Thomas Cooper is by trade a milner and he is also a relator or informer to the Councell of Marches and otherwise he answereth negatively.'

10. 'He answereth negatively.'

He was not examined on the rest with Mace's consent.

To Mace's second set of interrogatories:

1. 'He answereth and referreth himself to his former deposicons and otherwise negatively.'

2-4. 'He answereth negatively.'

Signed by Thomas Blake and by commissioners Penell, Acton and Robert Raxter.

(Witness 4), Thomas Smart of Grendon Green, co. Hereford, gent, aged about 60, born at Hartpury, co. Gloucester, had known Rowdon for 3 years and Mace for 8 years

To Rowdon's libel:

Edward Rowdon was 'reputed the sonne and heire of Richard Rowdon, and that Richard Rowdon and Edward, his sonne, have beene and are reputed to be gent; and that Richard Mace hath been reputed to be a yeoman'. In January or February 1635 in the house of Peter Smeathe at Wacton in co. Hereford he heard Richard Mace say that Richard Rowdon was 'Dick Rowdon a base fellow and that Mace was far degrees before him, Richard Rowdon'.

Signed Thomas Smart and by the above three commissioners.

To Mace's first set of interrogatories:

1. As witness 3.

2. 'He answereth negatively.'

3. 'He believeth he hath an annuitie of 16^li per annum *during his life* and is not indebted above vi^li.'

4. 'He referreth himself to his former deposicon'. The words 'before by him deposed of were spoken by the foresaid at Smeathe's house; and there were present at the speaking thereof [Smart] and Ellenor Smeathe and Mace began to speake as before [Smart] hath deposed and said as aforesaid; and farther he cannot answer.'

6. 'He answereth negatively saving that he hath heard Mace say that Edward Rowdon his name was Towneley.'

7. 'He answereth negatively.'

8. 'He referreth himself to his precedent deposicon and otherwise negatively.'

9. 'He answereth that he hath heard that Cooper is a relator, and otherwise negatively.'

'To the rest of the interr[ogator] yes he is not examined by consent of the partie ministering them.'

To Mace's second set of interrogatories:

1. 'He answereth that he hath heard that Cooper was fyned and committed to prison at the Counsell of Marches for receaving money betwixt Parsey and Steevens; and otherwise saving his former deposicon he cannot answere.'

2-4. 'He answereth negatively.'

Signed Thomas Smart and by the above three commissioners.

(Witness 5), Richard Cooper of Bromyard, co. Hereford, weaver, lived there about 20 years, born at Bredenbury, co. Hereford, had known Rowdon since his birth and Mace for 8 years, aged about 35

To Rowdon's libel:

'Edward Rowdon is reputed to be the eldest sonne and heire of Richard Rowdon and he farther saith that Richard Rowdon and Edward his sonne have bene and are reputed to be gent. of an ancient familie'. Mace and his ancestors, 'for ought he knoweth to the contrary, hath bene and is a yeoman and soe reputed'. About the end of March,or the beginning of April 1635, he was in the parlour of Christopher Capper's house in Bromyard, co. Hereford where he heard Mace say that 'Richard Rowdon and his sonne Edward were no gentlemen, and that their names was not Rowdon and that Mace would make them finde an other name'. Mace 'farther said that he was a better man then Dicke Rowdon or his sonne either: for Dicke Rowdon is but Dicke Rowdon of Rowdon and I am Richard Mace of Wacton.'

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

To Mace's first set of interrogatories:

1. Referred to preamble of precedent deposition.

2. Negative.

3. He was worth over £20 with his debts paid.

4. The words of which he deposed 'were spoken at night and there were then present Thomas Blake and Mr Dabitot his [fellow witnesses] and many observers whose names he cannot now set downe'.

6. Negative.

7. Referred to former deposition.

8. Referred to former deposition.

9. Thomas Cooper was a miller by trade 'and one to whose sayings and deposicon credit is to be given.'

10. Negative.

To Mace's second set of interrogatories:

1. Thomas Cooper had 'followed causes for men at the Marches in Wales.'

2-3. Negative.

4. He had heard that 'Blake was accused for begetting a bastard childe by a woman of lewde life.'

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

(Witness 6), John Bradford of Wacton, co. Hereford, tailor, lived there for 40 years, born there, had known Rowdon for 30 years and Mace for about 7 years, aged about 48

To Rowdon's libel:

Edward Rowdon was 'reputed the sonne and heire of Richard Rowdon and Richard Rowdon and his sonne Edward, have bene and are reputed to be gentlemen of [Bradford's] knowledge. And Richard Mace is styled by some Goodman, by some unckle and by others Mr Mace. In June or July 1635 'the tyme certainly he now remembreth not, at Greene way ende in the county of Hereford, Richard Mace said to him that he had founde that the Rowdons were called Towneley alias Rowdon; and Mace then asked him what the word (alias) meant and he said he knew not what the word alias meant; and thereupon Mace said that the Rowdons came of a base line for that they had the name of the father and the mother; and farther Mace then said that he was sorry for him and the rest of Mr Rowdon's tenants because as he then said their leases were of noe effect'. In March or Aprill 1635 at Wacton, Mace said to him that Mace's mother 'was kynne to Queene Elizabeth'.

Signed by John Bradford and by the above three commissioners.

To Mace's first set of interrogatories:

1. Referred to preamble of precedent deposition.

2. Negative.

3. He had a living of £10 per year for life and was not indebted over £6.

4. The words of which he deposed 'were respectively spoken by Mace to him alone; and none were present, between the howres of 9 and 12 of the clocke, comeing from church.'

6. Negative, 'save that the words he hath heard from Mace.'

7. Negative.

8. Negative 'saving his former deposition.'

9. He credited the depositions of Thomas Cooper.

10. Negative.

To Mace's second set of interrogatories:

1. He had heard that 'Cooper was fined and committed to prison by the Counsell of the Marches of Wales.'

2. Negative.

3. He had heard that 'Thomas Dabitot did about 10 yeares since kill a man and that he was arraigned for the same and that he was acquitted by lawe.'

4. He had heard that Cooper had a base childe.'

To Mace's second set of interrogatories:

1. He had heard there had been many suits between Cooper and Richard Mace, and that sometimes one had the victory, and sometimes the other.

Signed by John Bradford and by the above three commissioners.

11/30h, Notary public's certificate

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

No date.

Notary's mark.

Defendant's case

Cur Mil I, fo. 221, Defence

The Rowdons' surname was Townley and not Rowdon, and that they were of vulgar ancestry.

Thomas Cooper and the Court of the Marches were also mentioned.

Signed by Clere Talbot and William Lewin.

9/1f, Defence [in Latin damaged]

The Rowdons' surname was not Rowdon, but Towneley, and they of vulgar ancestry;and that Thomas Cooper one of the witnesses at the time when he was examined was on trial before the court of the Council of the Marches, and was convicted before two judges there. Dated 12 Nov 1635

Cur Mil I, fo. 221, Pedigree

Sir Ralph Moigne of Rowdon, his son was:

John Moigne, his son was:

Sir Ralph Moigne, his daughter was:

Alicia Moigne who married Thomas Townlay of co. Lancaster

Their son John Townley first took the name Rowdon 'as may appear by several bookes remaining in the Office of Armes'. His son was:

Richard Rowdon, his son was:

William Rowdon, his son was:

'John Rowdon mencioned in the last visitation made for the county of Hereford from whom Richard Rowdon now of Rowdon of the said county is discended, father to Edward now plaintiff.'

'From Sir Ralph Moigne, the first mentioned in this descent, to the last John Rowdon next above written, as proved and set down in the old visitation made for Herefordshire by Robert Cooke then Clarenceux anno 1569 and from that John Rowdon to Edward Rowdon, now of Rowdon in the county of Herefordshire is proved by the last visitation, taken 1635 at the Office of Armes, 4 February 1635/6, William Penson, Lancaster'.

Cur Mil I, fo. 220, Exceptions to the plaintiff's witnesses

Exceptions to the plaintiff's witnesses were set out by the defence, claiming that their testimony could not be trusted. Thomas Blake's adultery is mentioned, and that Richard Cooper was brother to Thomas Cooper.

20 February 1635/6.

Signed by Clere Talbot.

Cur Mil I, fo. 221, Letters commissory for the defence

Addressed to commissioners John Raxter, clerk, Robert Raxter, clerk, Edward Browne and John Sheriff, gent, and also, Sir Thomas Cornwall, Edward Pennell, gent, Thomas Acton and James... [damaged], to meet from 16 to 18 April 1636 at the house of Richard Williams in Bromyard, co. Hereford.

Gilbert Dethick assigned Humphrey Terrick as notary public, and in his absence, William Rawe.

11 February 1636.

Signed by Gilbert Dethick.

Cur Mil I, fo. 219, Plaintiff interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witnesses' age, occupation and condition of living for the last seven years? Were they a gentleman? How much were they taxed in pounds at the last subsidy?

2. Was the witness a relative of Mace's, and if so, in what degree? Was the witness in service or indebted to Mace and had they received or been promised anything to testify?

3. Whether the witness knew Edward Rowdon; was he the son and heir of Richard Rowdon of Rowdon, co. Hereford, gent, and were the Rowdons accounted gentlemen of an ancient family?

4. Was Richard Mace inferior to the rank of gentry, and merely a yeoman or husbandman, and so commonly accounted?

5. Was testimony from the witnesses Thomas Dabitot, Thomas Cooper, Richard Cooper, and Thomas Blake to be trusted?

6. Had the witness ever heard Edward and Richard Rowdon called by another name?

7. Speak the truth of what you know, believe or have heard.

No date.

Signed by Arthur Duck.

Cur Mil I, fo. 212a, Second set of plaintiff interrogatories

'Whether he did heare at the time of the libel or at any time since that Richard Mace said or gave out in speeches that Edward Rowdon or his father were noe gentlemen and that theire names were not Rowdons, and what words did you heare Mace speake of Edwarde Rowdon or his father.'

No date.

Cur Mil I, fo. 212, Preamble to defence depositions

Taken before commissioners John Racster, Robert Racster, clerk, Thomas Acton and Edward Pennell, gent on 28 April 1636 in the house of Richard Williams in the town of Bromyard, co. Hereford, with William Rawe as notary public.

Cur Mil I, fos. 213r-217r, Defence depositions

fos. 213r-214r (Witness 1), Anna, wife of Christopher Capper alias Whittingstow of Bromyard parish, co. Hereford, butcher, aged 30

To Mace's defence:

She had known Rowdon and his father for 7 years, and had never heard them called by any other name.

To Mace's exceptions:

'Richard Cooper is said to be the brother of Thomas Cooper; and that she hath heard Richard Cooper say that the house where Richard Cooper dwelleth is Mr Rowdon's house; and she also saith that Thomas Blake hath been famed to have unlawfully gotten a woman with child as she hath heard.'

Signed by Anne Capper, alias Whittingstow [her mark]

To Rowdon's interrogatories:

1. She was born at Bowlton [Boughton Park, in the parish of St Johns in Bedwardine], co. Worcester.

3. She knew Edward Rowdon was reputed to be son and heir to Richard Rowdon, and that they were reputed gentlemen of an ancient family.

4. She had sometimes heard Richard Mace called Mr Mace.

5. She believed that Thomas Dabitot, Thomas Cooper, Richard Cooper and Thomas Blake would not forswear themselves.

Signed by Anne Capper alias Whittingstow [her mark] and by the above four commissioners.

fo. 214r (Witness 2), Elizabeth Cherry of Bowlton [Boughton Park, in the parish of St Johns in Bedwardine], co. Worcester, spinster, aged about 24

To Mace's exceptions:

She had heard that Thomas Blake had 'unlawfully gotten a woman with child which child is dead as she hath heard', but believed Blake would not forswear himself.

To Rowdon's interrogatories:

5. She knew Thomas Dabitot, Thomas Cooper, Richard Cooper and Thomas Blake and believed they would not forswear themselves.

Signed by Elizabeth Cherry [her mark] and by commissioners Acton, Penell and Robert Racster.

fos. 215r-v (Witness 3), Roger Wednester of Bromyard, co. Hereford, gent, aged about 40

To Mace's defence:

For all the time he had known Rowdon and his father, they had been commonly called Rowdon and were accounted gentlemen.

To Mace's exceptions:

He had heard there had been lawsuits between Thomas Cooper and Richard Mace, that Richard Cooper recently lived in the Rowdons' house, that Thomas Blake had been a servant to Mr Rowdon and had 'been famed to have unlawfully gotten a wench with child'. He was drinking in Christopher Capper's house in Bromyard at the time of Mace's pretended words, and he did not see Thomas or Richard Cooper there.

To Rowdon's interrogatories:

3. As witness 1.

4. 'He never knew Richard Mace accounted or reputed to be any other then a yeoman or husbandman.'

5. 'He knew the parties and that for anything he knoweth their oaths may be taken.'

6. He never heard the Rowdons ever called another name, except by Richard Mace.

Signed by Roger Wednester.

To Rowdon's second set of interrogatories:

At the time and place in the libel and since Richard Mace did say in [Wednester's] hearing that 'Edward Rowden and his father were not rightly named Rowden; and that their name was not Rowden; and that Edward had confessed as much above at London.'

Signed by Roger Wednester and by commissioners Acton and Penell.

fos. 216r-v (Witness 4), Christopher Capper alias Whittingstow of Bromyard parish, co. Hereford, butcher, aged 52

To Mace's defence:

He knew Thomas Cooper 'had dealings at the Councell at Ludlow' and had heard that he was fined there.

To Mace's exceptions:

He had heard that there was a lawsuit between Thomas Cooper and Richard Mace at the Council at Ludlow, which Mace had won. Richard Cooper was said to be the brother of Thomas Cooper, and Richard Cooper dwelt at the house of Edward Rowdon or his father. Richard Cooper 'hath been noted to have lived incontinently', and that Thomas Blake 'hath been famed to have unlawfully gotten a woman with child.'

To Rowdon's interrogatories:

3. He knew Edward Rowdon was the eldest son and heir to Richard Rowdon, and that they were commonly reputed gentlemen of an ancient family.

5. As witness 1.

6. As witness 3.

To Rowdon's second set of interrogatories:

At the time in the libel he heard Richard Mace say that he was as good a gentleman as Edward Rowdon, 'and that he had as good a cote of armes, to shew and that it was in his brother's custody.'

Signed by Christopher Capper and by commissioners Acton, Penell and John Racster.

fo. 217r (Witness 5), Anthony Holden of [damaged], co. Hereford, yeoman, aged about 58

To Mace's exceptions:

He was with Richard Mace and Thomas Dabitot and 'heard them at high words which concerned Edward Rowden; and [Holden] mediated with Dabitot and got him to go into another roome, but did not see Dabitot offer to strike Mace; and he saith that Thomas Cooper and Richard Cooper were in suite of lawe at Ludlow, *as he hath heard*; and he saith that he hath heard that Thomas Blake hath begotten a wench with child unlawfully.'

To Rowdon's interrogatories:

3. As witness 1.

4. As witness 3.

5. He knew Thomas Cooper, Dabitot and Blake, 'and believeth that Dabitot and Blake would not upon oath depose any thing but the truth.'

6. He had never heard the Rowdons called by any other name.

Signed by Anthony Holden and by commissioners Acton, Penell, and Robert Racster.

Summary of proceedings

Dr Duck was counsel for Rowdon and Dr Merrick for Mace. On 9 May 1635 Dr Duck had the libel for Rowdon. After proceedings on 30 May, on 9 June further proceedings recorded the terms of the libel, that Mace 'had heard Mr Rowdon had another name and that he would be glad to heare and knowe that other name'. On 20 June proceedings referred to preparations to name the commissioners and day of hearing. The commissioners Sir Thomas Cornwall, Edward Pennell, esq, Thomas Acton, gent, James Britton, gent, and also John Raxter, clerk, Robert Raxter, clerk, Richard Browne and John Sheriff, gents, were required to meet from 9 to 11 September 1635 at the Crown Inn, Tewkesbury, co. Worcester [sic]. In May 1636 the testimony of the witnesses for Mace were published. On 16 February 1637 Dr Duck petitioned to hear the sentence. On 29 April 1637 the court passed sentence and heard a certificate from the Kings of Arms. Rowdon won £30 damages and 20 marks expenses, to be paid in Easter and Michaelmas terms. On 31 October 1637 Mace and a Mr John Rappaport were required to certify Mace's submission.

Notes

G. D. Squibb (ed.), Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p. 17.

Edward Rowdon of Rowdon, co. Hereford, was the eldest son of Richard Rowdon of Rowdon and Mary, daughter of Thomas Bushell of Broad Marston, co. Gloucester. Edward married Ann, daughter of Anthony Pembridge of Wellington, esq.

M. P. Siddons (ed.), The Visitation of Herefordshire, 1634 (Publications of the Harleian Society, news series, 15, 2002), p. 26.

Documents

• Initial proceedings
  • Complaint: 9/4/14 (4 May 1635)
  • Libel: 9/4/11 (30 May 1635)
  • Libel: 11/30a (no date)
  • Summary of libel: R.19, fo. 23r (1635)
• Plaintiff's case
  • Letters commissory for the plaintiff: 11/30b (9 Jun 1635)
  • Appointment of notary public: 11/30c (13 Aug 1635)
  • First set of defence interrogatories: 11/30d (no date)
  • Second set of defence interrogatories: 11/30e (no date)
  • Third set of defence interrogatories: 11/30f (no date)
  • Plaintiff depositions: 11/30g (10 Sep 1635)
  • Notary public's certificate: 11/30h (no date)
• Defendant's case
  • Defence: Cur Mil I, fo. 221 (no date)
  • Defence: 9/1f (12 Nov 1635)
  • Pedigree of Rowdon: Cur Mil I, fo. 221 (4 Feb 1636)
  • Exceptions to the plaintiff's witnesses: Cur Mil I, fo. 220 (20 Feb 1636)
  • Letters commissory for the defence: Cur Mil I, fo. 221 (11 Feb 1636)
  • First set of plaintiff interrogatories: Cur Mil I, fo. 219 (no date)
  • Second set of plaintiff interrogatories: Cur Mil I, fo. 212a (no date)
  • Preamble to defence depositions: Cur Mil, 1, fo. 212 (28 Apr 1636)
  • Defence depositions: Cur Mil I, fos. 212-218 (28 Apr 1636)
• Proceedings
  • 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?)
  • Undated proceedings: 68C, fos. 64r-67r (c. Apr 1636?)
  • Proceedings before Arundel: 68C, fos. 89r-100r (May 1636)
  • Proceedings before Maltravers: 68C, fos. 74r-83v (7 May 1636)
  • Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637)
  • Proceedings: 68C, fos. 1r-11r(16 Feb 1637)
  • Proceedings: 68C, fos. 37r-41v (29 Apr 1637)
  • Proceedings before Maltravers: 8/28 (31 Oct 1637)
  • Proceedings before Arundel: 7/20 (31 Oct 1637)

People mentioned in the case

• Acton, Thomas, gent
• Blake, Thomas, tailor
• Bradford, John, tailor
• Browne, Richard, gent
• Bushell, Mary
• Bushell, Thomas
• Button, James, gent
• Capper, Christopher, innkeeper
• Capper alias Whittingstow, Anne
• Capper alias Whittingstow, Christopher, butcher
• Cherry, Elizabeth, spinster
• Cooke, Robert, herald
• Cooper, Richard, weaver
• Cooper, Thomas, miller
• Cornwall, Thomas, knight
• Debitot, Thomas, gent (also Dabitot, Debitet)
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Hastings, Henry, earl of Huntingdon
• Holden, Anthony, yeoman
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hunt, James, innkeeper
• Lewin, William, lawyer
• Mace, Henry, Mr
• Mace, Richard, yeoman
• Merrick, William, lawyer
• Millicheap, Mrs, innkeeper
• Moigne, Alice
• Moigne, John
• Moigne, Ralph, knight
• Parsey
• Pembridge, Anne
• Pembridge, Anthony, esq
• Pennell, Edward, esq
• Penson, William, herald
• Pritchard, Anthony, Mr
• Racster, John, clerk (also Raxter)
• Racster, Robert, clerk (also Raxter)
• Rappaport, John, Mr
• Robinson, Richard, notary public
• Rowdon, Anne (also Rowdon alias Townley)
• Rowdon, Anthony, gent (also Rowdon alias Townley)
• Rowdon, Edward, gent (also Rowdon alias Townley)
• Rowdon, John (also Rowdon alias Townley)
• Rowdon, Mary
• Rowdon, Richard, Mr (also Rowdon alias Townley)
• Rowdon, William (also Rowdon alias Townley)
• Sheriff, John, gent
• Smart, Thomas, gent
• Smeathe, Ellenor
• Smeathe, Peter
• Steevens
• Talbot, Clere, lawyer
• Terrick, Humphrey, notary public
• Townlay, Alice (also Townley)
• Townlay, Thomas (also Townley)
• Townley, John (also Towneley, Townlay)
• Tudor, Elizabeth I, queen
• Wednester, Roger, gent
• Williams, Richard, innkeeper

Places mentioned in the case

• Gloucestershire
  • Broad Marston
  • Hartpury
  • Tewkesbury
• Herefordshire
  • Bredenbury
  • Bromyard
  • Grendon Green
  • Munderfield Harold
  • Rowdon
  • Wacton
  • Wellington
• Lancashire
• Salop / Shropshire
  • Ludlow
• Worcestershire
  • Boughton Park
  • St Johns in Bedwardine

Topics of the case

• allegation of illegitimacy
• allegation of murder
• coat of arms
• comparison
• Council of the Marches
• denial of gentility
• drunkenness
• Herald
• insult before gentlemen
• office-holding
• taxation
• visitation