573 St Leger v Acton

573 ST LEGER V ACTON

Anthony St Leger of Ulcombe, co. Kent, esq v William Acton of Sutton Valence, co. Kent, yeoman

August 1639 - June 1640

Abstract

St Leger complained that at the King's Head Inn at Sutton Valence, Kent, at Shrovetide in 1639, Acton called him 'base rascall, beggarly rascall, redcoate rogue'. When St Leger advised him to be quiet, Acton went out into the street and repeated the words 'in the hearing of divers persons of good quality'. In his defence, Acton's witnesses testified that the quarrel arose when St Leger kissed Acton's mother, who was working in the kitchen. Acton's response was to remark, 'It is long of your mouth that you kiss her', whereupon St Leger struck him with the back of his hand. Acton retorted, 'How now you redcoate, what are you?' and would have returned the blow had he not been restrained by his brother. Process was granted on 6 August 1639 and the witnesses for Acton's defence were examined before Sir Henry Marten on 29 June 1640; but no further proceedings survive.

Initial proceedings

6/61, Petition

'The humble peticon of Anthony St Leger of Ulcombe in Kent, esq., sonne and heire of Sir Warham St Leger, kt, greatgrandchilde of Sir Anthony St Leger, Kt. of the Garter and Lord Deputy of Ireland.

Shewing that your petitioner having som occasion to be at Towne Sutton in Kent, and resorting in peaceable manner to the inne where he was to stay, one Wm. Acton of the same place, being of meane birth, and no gent., having a desire to abuse and provoke your petitioner, who gave him no cause nor couler of offence, gave your petitioner the lye, calling your petitioner rogue, base rascall, beggarly rascall, redcoate rogue; and your petitioner advising him to be quiet, and forbeare his intemperate speeches, he not withstanding went forth in the open street and reviled your petitioner, reiterating his former abusive language divers times in the hearing of divers persons of good quality; and to the great disgrace of your petitioner who is a dweller nere that place in the auntient seat of the St Legers, which they have held from the tyme of the Norman conquest.

Your petitioner humbly prays (in regard he hath forborne to avenge himself for these abuses, expecting Acton would have ere this remembered himself, who is so far from it that he rants if they were unsaid he would say them again) that your lordship will be pleased to grant your petitioner leave to sue Acton in the Court of Honor, and that he may have process to call him thither. And your petitioner shall dayly pray and c.'

Maltravers granted process on 6 August 1639.

6/60, Plaintiff's bond

8 August 1639

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

Signed by Robert Harbatch of Lyon's Inn, co. Middlesex, gent on behalf of St Leger.

Sealed and delivered in the presence of Humphrey Terrick.

6/30, Defendant's bond

22 October 1639

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

Signed by William Acton.

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

Defendant's case

Cur Mil 1631-1642, fos. 214v-219v, Defence depositions

fos. 214v-216r (Witness 1), Susanna, wife of Norris Knight of Sutton Valence, co. Kent, tailor, born there, aged 33

29 June 1640

To Acton's defence:

1-2. Last Shrovetide she was in the kitchen of Robert Goreham's inn in Sutton, in the company of Acton and his mother, Richard Usmore, Henry Bishop and Stephen Acton. While they were there, St Leger with Mr Billes and John Simcotes came into the kitchen. Mr St Leger swore an oath and said, 'I will kisse this woman', meaning Acton's mother, and did kisse her; whereupon, William Acton, sitting by the fire, used those speeches to Mr St Leger, vizt. 'It is long of your mouth that you kissed her', or to that effect. Thereupon Mr St Leger with the back of his hand struck Acton; and then Acton said, 'How now redd coate,' *meaning Mr St Leger, 'What are you';* and would have stroken Mr St Leger had he not been withheld by his brother and others. And she saith that after the premises there fell some *harsh* words between John Simcotes and William Acton, and Acton called Simcotes, shaver, and Simcotes called Acton, Rogue and rascall.'

3. St Leger struck Acton with the back of his hand before Acton called him 'reddcote or said what are you'.

To St Leger's interrogatories:

1. She had known St Leger 'for the greatest part of her lifetime', and Acton 'ever since she could remember'.

2. Negative.

3. 'She wisheth right may take place'.

4. Negative.

5. She heard Acton call St Leger 'reddcote and say unto him what are you'.

6-7. As predeposed.

8. She believed Acton's mother did not know St Leger, and was therefore afraid of him; 'but saith she did not hear her express any dislike of Mr St Leger, but desired William Acton to be quiet, *and to let him alone'.

9. She knew all the parties in the interrogatory and believed Mr Billes was 'a man of good quality, and of good estate, and will not be drawne to depose untruly; and Richard Usmore is an honest man, as she verily believeth.'

10. St Leger was son and heir to the late Sir Warham St Leger, knight and descended from 'a very ancient family of gentrie'.

Signed by Susan Knight [her mark]

Repeated in court before Sir Henry Marten on 29 June 1640 in the presence of John Longland.

fos. 217r-218v (Witness 2), Henry Bishop of Bearsted, co. Kent, husbandman, had lived there since last Michaelmas and before that at Sutton Valence, co. Kent for most of his life, born there, aged about 40

29 June 1640

To Acton's defence:

1-2. During last Lent he was in the kitchen of the King's Head Inn, in Town Sutton, in the company of Acton and his mother, Susan Knight, Robert Gorham, Stephen Acton and others. While they were there, St Leger with Mr Billes and Mr Simcotes came into the kitchen. Mr St Leger swore an oath and said, 'I will kisse this old woman', meaning Acton's mother, and then kissed her; and William Acton sitting by the fire rose up and said to Mr St Leger, 'It is longe of your mouth that you kissed her'. Then St Leger struck Acton. Acton responded, 'You redcoate what are you; and Mr St Leger went away and made him no answer.'

3. As witness 1.

To St Leger's interrogatories:

1. He had known both parties for over 20 years.

2. He married Acton's sister.

3. He was taxed 4d or 6d for ship money, claimed he was worth £200 with his debts paid, and 'wisheth right may take place.'

4. Negative.

5. As predeposed.

6. St Leger 'saluted William Acton's mother in a civill manner and she did not take it unkindly from him, for ought he could perceive.'

7. As predeposed.

8. Acton's mother 'desired and entreated William Acton to be quiet'.

9. He knew all the parties in the interrogatory and believed Mr Billes, Simcotes and Usmore were honest men.

10. As witness 1.

Signed by Henry Bishop

Repeated in court before Sir Henry Marten on 29 June 1640 in the presence of John Longland.

fos. 218v-219v (Witness 3), Stephen Acton of Sutton Valence, co. Kent, butcher, born there, aged about 34

29 June 1640

To Acton's defence:

1-3. As witness 1.

To St Leger's interrogatories:

1. He was by trade a butcher.

2. He was the defendant's natural and lawful brother.

3. He was not a subsidy man and was not taxed for ship money 'and is worth little his debts paid.'

4. Negative.

5-8. As predeposed.

8. His mother 'did endeavour and much desire to pacify William Acton'.

9. As witness 2.

10. As witness 1.

Signed by Stephen Acton.

Repeated in court before Sir Henry Marten on 29 June 1640 in the presence of John Longland.

Notes

For another account of the case, see G. D. Squibb (ed.), Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p. 41.

An Anthony St Leger of Ulcomb, esq, had married Mary, daughter of Sir Thomas Scott, knt. Mary later remarried Alexander Culpepper, esq. Their son, another Anthony St Leger (1603-1661) was knighted in July 1642 and became a royalist colonel during the civil wars.

R. Hovenden (ed.), The Visitation of Kent taken in the years 1619-21 (Publications of the Harleian Society, 42, 1898), p. 129; P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), pp. 323-4.

Documents

• Initial proceedings
  • Petition: 6/61 (6 Aug 1639)
  • Plaintiff's bond: 6/60 (8 Aug 1639)
  • Defendant's bond: 6/30 (22 Oct 1639)
• Defendant's case
  • Defence depositions: Cur Mil 1631-42, fos. 215-20 (29 Jun 1640)

People mentioned in the case

• Acton, Stephen, butcher
• Acton, William, yeoman
• Billes, Mr
• Bishop, Henry, husbandman
• Culpepper, Alexander, esq
• Goreham, Robert, innkeeper (also Gorham)
• Harbatch, Robert
• Knight, Norris, tailor
• Knight, Susanna
• Longland, John
• Marten, Henry, knight
• St Leger, Anthony, esq
• St Leger, Anthony, knight
• St Leger, Warham, knight
• Scott, Thomas, knight
• Simcotes, John
• Terrick, Humphrey
• Usmore, Richard

Places mentioned in the case

• Kent
  • Bearsted
  • Sutton Valence
  • Ulcombe
• London
  • Lyons Inn
• Middlesex
  • Westminster

Topics of the case

• apparel
• assault
• denial of gentility
• inns of court
• military officer
• nicknaming
• royalist
• ship money
• taxation