568 Rudd v Lumley

568 RUDD V LUMLEY

Matthew Rudd of Little Baddow, co. Essex, gent v Richard Lumley of Chelmsford, co. Essex, vintner

November 1637 - April 1638

Abstract

Rudd complained that on 3 October 1637 Lumley had said to him in Lumley's tavern in Chelmsford, 'Thou art a rogue and a jackaknapes', adding 'that he was a better man than I, and if he had me out of doore he would whipp me'. Process was granted on 7 November and a few days later, when Garrard Lewis, the bailiff, executed process on Lumley to appear in the court, Lumley was also alleged to have said, 'I care not a fart for Rudd. I am a better gentleman than he is for I have armes and he hath none.'

Rudd's witnesses were examined by a commission headed by Edward Harris, esq, on 9 January 1638 at the Black Boy Inn, Chelmsford, Essex. Lumley admitted calling Rudd a rogue, but claimed he was provoked when Rudd came drunk to his tavern on 3 October. Rudd fell asleep and when awoken would not settle his bill, calling Lumley's wife 'base queane', and Lumley 'ninny, foole, puppey, and jackanapes'. Lumley also claimed that one of Rudd's companions had tried to pay his bill with a brass shilling. Dr Lewin began to present Lumley's defence in February 1638 which included an affidavit from his servant denying the words which the bailiff alleged he had spoken and asserting that Lewis was 'a very poore, base and beggarly fellowe of small credit'. No further proceedings survive.

Initial proceedings

3/94, Advice of the King's Advocate

'Matthew Rudd of Little Baddow in com. Essex gent

Rich. Lumley de Chelmsford in [Essex], vintner, sayde to Mr Rudd lately, Ye ar a rogue and a jackanapes, and I am a better man than ye.

This I moved my L. of Maltravers for and I conceave itt a fitt cause for the court, and I desire Mr Dethick process may goe out.'

7 November 1637

Signed by Arthur Duck.

3/110, Defendant's bond

14 November 1637

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

Signed by Richard Lumley.

Sealed, subscribed and delivered in the presence of Humphrey Terrick.

12/1t, Citation

Lumley to appear at the suit of Rudd for scandalous words provocative of a duel.

Dated 6 November 1637

Introduced 18 November 1637

By special direction of Gilbert Dethick, registrar.

12/1ll, Deposition of the process server

Garrard Lewis of Chelmsford, aged about 30, swore before Sir Henry Marten on 16 November 1637 that on last Friday he showed the process of the court to Lumley 'at his house in Chelmsford and delivered him a coppie thereof, which processe was to warne Lumley to appeare in this court the fourth day after, if it were court day, ells the next court followinge'. Upon serving of the process, Lumley said, 'I care not a fart for Rudd. I am a better gentleman than he is for I have armes and he hath none.'

Cur Mil I, fo. 172, Libel

Rudd was from a family that had been gentry for up to 300 years, and Lumley was a plebeian and an innkeeper in Chelmsford. In September and October in Chelmsford, Lumley had said to Rudd, 'Thou art a rogue and a jackaknapes, and that he was a better man than I, and if he had me out of doore he would whipp me', which words were provocative of a duel.

Signed by Arthur Duck.

[Overleaf] Hilary term, 1637 [Jan-Feb 1638]

17/3i, Supplement to libel

During last October and November in Chelmsford, Lumley had said 'hee cared not a fart for me the said Rudd, and that I the said Matthew Rudd was noe gentleman, and that he could shew his Armes, but I could not.'

Dated 28 November 1637

Signed by Arthur Duck.

17/3p, Personal answer

Rudd had several times been to Lumley's tavern in Chelmsford and left several bills there unpaid. On 3 October last, Rudd, 'having been that day at the drinking of halfe a barrell of Beere', came to Lumley's house at 7 p.m., 'much distempered with drinke, in company with one Edmund Cooper, John Greene and Michael Saggs and then and there called for wyne and a pigion pye', and stayed there till 11pm, 'and did fall asleep and after he did awake, Rudd would neither paye the reckoning nor depart his house'. When Lumley's wife asked for the money, Rudd called her 'base queane', and also called Lumley, 'ninny, foole, puppey, and jackanapes. Whereupon, he being much provoked by the premises, acknowledgeth that at the time and place he did say that Rudd was a roague, or Rudd, you are a roague; and otherwise he doth not believe the said libel to be true in any parte, adding that he taketh himself to be a gentleman and protesteth of the injury done to him in the bill and formerly by Rudd, and hopeth for relief from this honourable court and the justice thereof.'

Dated 29 November 1637.

Signed by Richard Lumley.

Plaintiff's case

Cur Mil I, fo. 173, Letters commissory for the plaintiff

Addressed to commissioners Edward Harris, esq, John South, clerk, Anthony Buckenham, gent, John Knightbridge, gent, and also, Thomas Tateham, gent, Edward Tateham, gent, William Howson, gent, and Thomas Linge, gent, to meet in a cause of scandalous words provocative of a duel from 8 to 10 January 1638 at the Black Boy Inn, Chelmsford, co. Essex.

Dethick assigned Humphrey Terrick as notary public.

Dated 28 November 1637.

Signed by Gilbert Dethick.

Cur Mil I, fo. 163, Defence interrogatories

1. How did the witness know Rudd and Lumley, and for how long?

2. Did Rudd come to Lumley's tavern in Chelmsford before last October and call for wine and tobacco, and did he ever leave the bills unpaid?

3. Was the witness kindred to Rudd or more familiar with him than with Lumley, and for whom did the witness desire victory?

4. Was Rudd with Edmond Cooper, John Greene and Michael Soags at Henry Reade's house in Chelmsford on 3 October; and did they drink there so heavily that they had nearly half a barrel of beer?

5. Did Rudd with these men or others go to Lumley's house that evening, where the pretended words in the libel were spoken? Did they call for wine, tobacco and pigeon pie, and stay from 7pm to 11pm? Was Rudd already so inebriated that after drinking a little wine he fell asleep 'or fained himself to be asleep when Lumley's servants demanded the reckoning and would scarce be awaked'?

6. Did Rudd refuse to pay his bill and did he abuse Lumley's servants who demanded it, giving them 'very ill language and sayd that unlesse she went out of the roome suddenly he would breake her neck downe the staires; or used such uncivil language'? Did Lumley or his wife then enter the room and 'in a faire way demand what was due', and how much was due?

7. Did Lumley and his wife 'seeing [Rudd] so uncivil', then ask the company to depart as it was very late; and did Rudd call Lumley's wife, 'base queen, slutt, hussey, or some such uncivil language; and then also called [Lumley], nynnye, foole, puppey, and jackanapes'?

8. Did Rudd or one of his company the 'tender and offer to pay in part of there reckoning a peece of brasse, which they or some of them, sayd was a shillinge? And whether did you heare Rudd that night at the time of his departure, or going from Lumley's house, saye unto Lumley, You are a rogue and before I will leave you I will make you a poore rogue'?

9. Were any of Rudd's witnesses indebted to him? For how much? Were they servants or dependants of Rudd?

No date.

No signatures.

Cur Mil I, fos. 164-171, Plaintiff depositions

9 January 1638

fos. 164r-166r (Witness 1), Edmund Cooper of Widford, co. Essex, gent, born at Clifton [Clifton upon Dunsmore], co. Warwick, aged 56

To Rudd's libel:

He had known Rudd for 3 years and Rudd was reputed to be a gentleman, whereas Lumley had kept a tavern in Chelmsford for half a year. One day last October at Lumley's house, Lumley said to Rudd 'that Mr Rudd was a rogue and a jackanappes and saith the words were spoken by way of reproach'. Michael Soages, John Green, and some of Lumley's servants were also present. Lumley gave Rudd 'many opprobrious words', but he could not remember exactly what words.

Signed by Edmund Cooper

To Lumley's interrogatories:

3. He wished 'a friendly end' between Rudd and Lumley, and said he was oftener with Rudd than Lumley.

5. On 3 October 1637, the day of the words in the libel, he went to Lumley's house with Rudd, Soages and Green at about 7pm, where they called for wine, tobacco and pigeon pie and stayed for no more than 2 hours, 'as he now remembereth'.

6. Mrs Lumley 'did in a faire way demand what was due', and the bill was about 4 shillings.

7. Mr Rudd did say that Mrs Lumley 'was an idle huswife', but whether this was before or after provocation from Lumley 'he cannot depose'.

8. 'When the reckoning was to be paid a brasse shilling was cast upon the table by some of [Cooper's] company and saith that the man which *was servant to Mr Lumley* that tooke up the shilling did except against it and said it was brasse. Whereupon [Cooper] *told the man that he was abused in it by him that had changed it; and [Cooper] tooketh the shilling and gave the man a good currant shilling for it... *saving that afterwards he that had cast down the brasse shilling give [Cooper] a good shilling for the bad one aforesaid and said that he did not know that he then had a bad shilling.'

Signed by Edmund Cooper, and by commissioners Edward Harris, Thomas Ling, Anthony Buckenham, Thomas Tatum and Edward Tatum.

fos. 166r-167v (Witness 2), Michael Sages of Chelmsford, co. Essex, gent, born there, aged 36

To Rudd's libel:

He had known Rudd's father Matthew Rudd for 5 years before his death, and that he was reputed to be a gentleman. He had known Rudd 'from his infancie', and that Rudd was also reputed a gentleman. Lumley had been an innkeeper in Chelmsford for 6 months. On a Tuesday less than a fortnight after Michaelmas 1637 at Lumley's house, he heard Lumley say to Rudd, 'Thou art a rogue and a jackanappes, and that he was a better man than Mr Rudd, and that if Lumley had Mr Rudd out of the house, he would whip him, Mr Rudd; and saith he believeth the words were spoken in scorne'. Edmund Cooper, John Green, and some of Lumley's servants were also present.

Signed by Michael Sages

To Lumley's interrogatories:

3. 'He is not allied to either of the parties and is equally conversant with them and wisheth a friendly end between them'.

5. As witness 1. Rudd did fall sleep at Lumley's house, but not above a quarter of an hour.

6. Mrs Lumley came into the room, and the reckoning was 4 shillings.

7. Mr Lumley asked them to depart and Rudd did say that Mrs Lumley 'was an idle huswife', and this happened before the words in the libel.

8. John Green threw a brass shilling upon the table 'but it was not offered in payment.'

Signed by Michael Sages, and by the above five commissioners.

fos. 167v-170r (Witness 3), John Greene of Chelmsford, co. Essex, barber, born there, aged 29

To Rudd's libel:

He had known Rudd for 4 years and that he was reputed to be a gentleman. He had known Lumley for three quarters of a year and he was a vintner and innkeeper in Chelmsford. On a Tuesday a week after Michaelmas 1637 at Lumley's house, he heard Lumley say to Rudd, 'Thou art a rogue and a jackanappes. I am a better man than thou; and if I had thee out of doores, I would whip thee; and saith the said words were spoken in angry manner.' Edmund Cooper, Michael Sages, and some of Lumley's servants were also present.

Signed by John Greene

To Lumley's interrogatories:

2. He went with Rudd to Lumley's house where Rudd drank wine, but did not call for it. Lumley demanded 1s 6d from Rudd which Rudd had not paid from a former visit.

3. 'He is most conversant with Mr Rudd and he wisheth truth may take place'.

5. He went to Lumley's house with Cooper, Sages and Rudd, where they stayed for 2 hours and Rudd slept for half an hour; 'and that after he awoake the reckoning was called for and paid.'

6. 'At the time and place aforesaid a girle looking into the roome where Mr Rudd and the parties were. Mr Rudd seeing her said to her, Hussie begone. What do you doe gapeing there?'

7. 'Mrs Lumley *speaking alowd in a rayling way of* Mr Rudd did say, Pay you your reckoning and began I like not this sleeping and doeing; and further saying we shall have you, meaning Mr Rudd, go away and leave your reckoning unpaid as you have formerly done. Which Mr Rudd hearing said, What do you speak to me huswife. And then Mrs Lumley replied and said, I, that I do, sirrah. Whereupon Mr Rudd speaking to some of the servants of the house said, Goe tell your master to receive the reckoning; and then Mr Lumley coming to Mr Rudd, Mr Rudd told Lumley that he was abused by Lumley's wife; *and that she had demanded money of him which to his knowledge he did not owe; and that she, Mrs Lumley was an idle huswife for abusing him*; and thereupon Lumley used the words formerly by him deposed of.'

8. He threw a brass shilling upon the table; 'and then a servant standing by and looking upon the shilling asked whose shilling is this, and said it was brasse. Whereupon Mr Cooper tooke the brasse shilling and laid downe a currant shilling for it; and saith, This was done halfe an hower before the reckoninge was paide, and saith Mr Cooper first thought the brasse shilling had been his owne, but [Greene] told him he did lay it downe; and he did afterwards satisfie Mr Cooper for the same.'

Signed by John Greene, and by the above five commissioners.

Defendant's case

17/4f, Defence affidavit

1. Lumley was served at his house with a process at Rudd's instigation by Garrard Lince, bailiff of Chelmsford hundred. Elizabeth Fuller was present and witnessed all that happened between Lumley and the bailiff. Lumley did not use any of the words in the libel. He did not say 'that he cared not a fart for Rudd, or that he was a better gentleman than Rudd was, or that Lumley had armes and that Rudd had none, nor used any words to such effect, but friendly received Lince and gave him a cupp or glasse of wine; and used no ill or contemptuous words at all *against Rudd or against the authority of the court,* but took notice of the summons, and so Lince departed. And there was noe other present at the serving of the processe save onely Lumley, Lince and Elizabeth Fuller'.

2. Garrard Lince 'is a very poore, base and beggarly fellowe of small credit or reputation, one not to be believed or credited upon his word or oath, and so commonly knowne, reputed and taken.'

Dated 28 April 1638.

Signed by William Lewin.

Summary of proceedings

Dr Duck acted as counsel for Rudd and Dr Lewin for Lumley. On 18 November 1637 Lumley was required to appear in accordance with his bond and Dr Duck presented the libel. On 28 November Dr Lewin responded to the libel, and commissioners Edward Harris, esq, Anthony Buckenham, gent, John South, clerk, and John Knightbridge, gent, and also, Thomas Tateham, gent, Edward Tateham, gent, William Howson, gent, and Thomas Linge, gent, were nominated to meet from 8 to 10 January 1638 at the Black Boy Inn, Chelmsford, co. Essex. On 12 February 1638 Dr Lewin was to propound material for the defence.

Notes

A Matthew Rudd the younger of Woodham Walter, co. Essex and the Middle Temple was the son of Matthew Rudd of the elder of Chelmsford and of Furnivall's Inn, London, and Mary, daughter of John Taylor of Chelmsford, co. Essex. The younger Rudd married Prisscilla, daughter of John Solme of Woodham Walter.

W. C. Metcalfe (ed.), The Visitations of Essex, Part I (Publications of the Harleian Society, 13, 1878), p. 480.

Documents

• Initial proceedings
  • Advice of the King's Advocate: 3/94 (7 Nov 1637)
  • Defendant's bond: 3/110 (14 Nov 1637)
  • Citation: 12/1t(18 Nov 1637)
  • Deposition of the process server: 12/1ll (16 Nov 1637)
  • Libel: Cur Mil I, fo. 172 (Jan-Feb 1638)
  • Supplement to libel: 17/3i (28 Nov 1637)
  • Personal answer: 17/3p (29 Nov 1637)
• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil I, fo. 173 (28 Nov 1637)
  • Defence interrogatories: Cur Mil I, fo. 163 (no date)
  • Plaintiff depositions: Cur Mil I, fos. 164-71 (9 Jan 1638)
• Defendant's case
  • Defence affidavit: 17/4f (28 Apr 1638)
• Proceedings
  • Proceedings before Maltravers: 8/29(18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)
  • Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)

People mentioned in the case

• Buckenham, Anthony, gent
• Cooper, Edmund, gent
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Fuller, Elizabeth
• Greene, John, barber
• Harris, Edward, esq
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howson, William, gent
• Knightbridge, John, gent
• Lewin, William, lawyer
• Lewis, Garrard, bailiff (also Lince)
• Linge, Thomas, gent (also Ling)
• Lumley, Richard, vintner
• Rudd, Mary
• Rudd, Matthew the elder, gent
• Rudd, Matthew the younger, gent
• Rudd, Priscilla
• Soags, Michael, gent (also Sages)
• Solme, John
• Solme, Priscilla
• South, John, clerk
• Tateham, Edward, gent (also Tatham)
• Tateham, Thomas, gent (also Tatham)
• Taylor, John
• Taylor, Mary
• Terrick, Humphrey, notary public

Places mentioned in the case

• Essex
  • Chelmsford
  • Little Baddow
  • Widford
  • Woodham Walter
• London
  • Furnivall's Inn
  • Middle Temple
• Middlesex
  • Westminster
• Warwickshire
  • Clifton upon Dunsmore

Topics of the case

• calling sirrah
• coat of arms
• comparison
• drunkenness
• insult before subordinates
• nicknaming
• scatological insult
• sexual insult
• threatened violence
• tobacco