586 Seaward v Ebdon

586 SEAWARD V EBDON

Nicholas Seaward of Ottery St Mary, co. Devon, gent v Gregory Ebdon of the same, yeoman

July 1639 - September 1640

Abstract

Seaward complained that Ebdon had called him 'a base fellow, a base lying knave', and a 'base rascally knave'. The incident took place in the house of Richard Arundel, vintner, in Ottery St Mary, Devon, in the presence of several gentlemen, including Captain William Cooke, after a muster of the trained bands to press men for service against the Scots on 24 April 1639. Ebdon, the high constable of the hundred of Ottery St Mary, maintained that he had been provoked by Seaward questioning his accounts for the charges for muster, speaking 'disgracefully of high constables and their unjust and fraudulent accounts', and also claiming that Ebdon was a 'usurer and extortioner, a base man and a base extorting knave' in rating people too highly for ship money. Ebdon also tried to question Seaward's gentility, claiming that his father was a yeoman, although he was unable to make this stick.

Process was granted on 4 July 1639, but Seaward's witnesses were not examined until 30 March 1640 when they appeared before commissioners John Eveleigh, clerk, and Richard Collins, gent., at the inn of Clement Peryam in Ottery. Ebdon's witnesses were examined before the commissioner John Conant, gent, on 22 September in the inn of Richard Sprague in Ottery. Dr Parry moved to publish the testimony of these witnesses on Ebdon's behalf on 30 October, but no further proceedings survive.

Initial proceedings

6/85, Petition to Maltravers

'Your petitioner is a gent. discended from an ancient family and hath right to beare armes; that he was lately much abused in words by Gregory Ebdon of Ottery aforesaid, who said unto and of the petitioner that your petitioner was a base fellow, a base lying knave, a base rascally knave, with other unsufferable words provoking your petitioner to fight with him.

Petitioned that Ebdon be brought to answer.

Maltravers granted process on 4 July 1639.

6/87, Plaintiff's bond

5 July 1639

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

Signed by Humphrey Seaward of Bridgwater, co. Somerset, merchant on behalf of Nicholas Seaward.

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

6/24, Defendant's bond

14 October 1639

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

Signed by Maximilian Maddocke of Lyon's Inn, co. Middlesex, gent, on behalf of Ebdon.

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

R.19, fo. 6r, Summary of libel

Ebdon is styled here as a husbandman.

'That Seward 4: 3: or 2 yeares past was one of the trained bands, and that he and his ancestors for above 200 yeares past is and have bin gentlemen, and that Ebdon and his ancestors for all that time is and have bin plebeians, and not gentlemen. And Ebdon (att such a time and place) before many gentlemen and others, said that Seward was a base fellow, a base knave, a base lying knave, and a base rascally knave. Thereby to provoke and c.'

1639

No signature.

Plaintiff's case

19/6a, Letters commissory for the plaintiff

Addressed to commissioners John Willowby, esq, Richard Vicary, gent, John Newbery, gent and John Eveleigh, clerk, and also, Richard Stofford, Richard Collins, John Conant and Edward Drake, gents, to meet in a cause of scandalous words provocative of a duel in the inn of Clement Peryam, at Ottery St Mary from 30 March to 1 April 1640.

William Lewin, registrar, assigned Thomas Payne as notary public.

Dated 11 February 1640.

Signed by William Lewin.

19/6b, Defence interrogatories

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

2. Was the witness a relative to Seaward, and if so, by what degree?

3. Was the witness a household servant or retainer to Seaward?

4. Were the words the witness deposed to the libel spoken on 24 April 1639 in the house of Richard Arundel, vintner, in Ottery St Mary?

5. Was Ebdon at the time one of the head constables of the hundred of Ottery St Mary?

6. Was a Mr Cooke present, who had that day mustered pressed soldiers in Ottery St Mary?

7. Did Ebdon go to Mr Cooke 'to take order for the soldiers and officers paie and for their powder and match'?

8. Did Mr Seaward enter the room where Cooke and Ebdon were 'for settling and ordering business concerning the musters of the pressed soldiers'? 'And did Nicholas Seaward forthwith, or not long after his coming into the room, speak many disgraceful and injurious speeches to and against Ebdon touching Ebdon's accounts and behaviour in and during his office of one of the high constable'? 'Let him express what the words were.'

9. Did Mr Seaward, without provocation from Ebdon, say that 'Ebdon knew well enough how to abuse the country in his accompts and by charging himself with less then he received'?

10. If the witness deposed that Ebdon uttered any disgraceful words against Mr Seaward, they were to be asked if beforehand Seaward 'in a provoking and reviling manner called Ebdon usurer and extortioner, a base man and a base extorting knave'? After Ebdon responded that Seaward 'had spoken more than was true', did Seaward 'in a furious manner call Ebdon base knave'?

11. If the witness deposed that Ebdon called Seaward base knave, 'whether were not the said words uttered by Ebdon by way of replie in this manner and noe otherwise, Seaward thou art a base knave in calling me base knave.'

12. Was Seaward 'a gentleman anciently descended, and whether his father and grandfather were so reputed and taken, and of what house they came? Was not Seaward's father commonly called Trich [sic] Seaward or gatfor [sic] Seaward and by noe other name; and doth it not appear by this writing now shewed, that Seaward's father wrote his name only yeoman and not gentleman.'

No date.

Signed by George Parry.

19/6c, Plaintiff depositions

Taken before commissioners John Eveleigh, clerk, and Richard Collins, gent, at the inn of Clement Peryam in Ottery St Mary, co. Devon, on 30 March 1640, in the presence of Thomas Payne, notary public.

(Witness 1), William Coke of Thorne in the parish of Ottery St Mary, co. Devon, esq, born there, aged about 29

To Ebdon's interrogatories:

2-3. Negative.

4. The words were spoken on a Tuesday during Exeter's sessions week after last Easter, or on the Tuesday after, in the house of Richard Arundel, vintner, in the town of Ottery St Mary.

5. Ebdon was then one of the head constables for the hundred of Ottery St Mary.

6. The words were spoken in his presence, who that day mustered pressed soldiers near the town of Ottery St Mary.

7. Ebdon came to him about the pay, powder and match for the soldiers.

8. Ebdon came into the room where the witness was at dinner with Seaward and others 'for taking of course about the powder and match'.

9. Not examined.

10. Words passed between Seaward and Ebdon about paying the soldiers, and Ebdon called Seaward 'base lying knave'. Seaward then told Ebdon 'that, putting his office aside, he was a base lying knave to call him soe'. Then Ebdon told Seaward he 'was a base lying gentleman'.

12. Seaward was reputed a gentleman during his time of remembrance.

Signed by Wm Coke and by the two commissioners.

(Witness 2), Richard Arundel of Ottery St Mary, co. Devon, vintner, born at Ruan Lanihorne, co. Cornwall, aged about 40

To Ebdon's interrogatories:

2-3. Negative.

4. The words were spoken in his house 'at or about the time interrogated'.

5. As witness 1.

6. The words were spoken in the presence of Mr Coke, who that day mustered pressed soldiers near the town of Ottery St Mary.

7. Ebdon came to Mr Coke about the pay, powder and match for the soldiers.

8. Ebdon came into the room where the Mr Coke was at dinner with Mr Seaward.

9. Not examined.

10. Seaward called Ebdon 'an exacting or extorting knave', but he cannot remember whether this happened before or after the words deposed in the libel.

12. Seaward had been commonly called Mr Seaward for over 20 years.

Signed by Richard Arundel and by the two commissioners.

(Witness 3), Richard Hare of Ottery St Mary, co. Devon, fisherman, born at Staple Fitzpayne, co. Somerset, aged about 42

To Ebdon's interrogatories:

2-3. Negative.

4. The words were spoken in Richard Arundel's house 'at or about the time interrogated'.

5. As witness 1.

6. As witness 2.

7. Ebdon came into the room where Mr Coke had dined, and Mr Coke asked him for money to pay the soldiers.

8. Mr Seaward was also dining in the room, and he asked Ebdon 'why the soldiers should not be paid seeing that he *Seaward* was soe highly rated, and had paid his rate; whereupon there passed many angry words between them'.

10-11. Ebdon called Seaward 'base lying knave' and Seaward said that Ebdon was 'an extorting usuring knave (putting Ebdon's office aside); but who first provoked, there being much speech formerly past between them, he knoweth not'.

12. As witness 2

Signed by Richard Hare [his mark] and by the two commissioners.

(Witness 4), Richard Saunders of Ottery St Mary, co. Devon, yeoman, born there, aged about 50

To Ebdon's interrogatories:

2-3. Negative.

4. As witness 3.

5. As witness 1.

6. As witness 2.

8-9. Ebdon came into the room where the Mr Coke and Mr Seaward were together, and Seaward asked Ebdon why 'Seaward being a prest souldier should not have his pay as other prest souldiers had, or else be abated of his own rate; and Seaward did then charge Ebdon that he had made a ship rate and had not carried himself faire therein for that he had rated many higher then they ought to pay.'

10-11. Ebdon said Seaward was a 'base lying knave'. Seaward said that Ebdon was 'an extorting knave, but which of them called the other knave first he doth not remember.'

12. Seaward had been commonly called Mr Seaward for over 30 years, and the witness believed he was a gentleman. Seaward's father was commonly called Mr Seaward 'and sometimes Trich Seaward.'

Signed by Richard Saunder and by the two commissioners.

19/6d, Notary public's certificate

Certificate in Latin signed by Thomas Payne, notary public of the diocese of Exeter, that the examinations had been completed and were now being returned.

7 April 1640.

Notary's mark.

Defendant's case

Acta (4), fo. 230, Defence

1. Gregory Ebdon was in April 1639 'one of the head constables for the county of Devon and that Mr William Cooke, captaine of one of the trayned bands for the county, did muster and take view of the armes and persons of certaine prest souldiers for his Majestie's service at the house or tavern of one Richard Arundell at Ottery in the county aforesaid.'

2. 'At the time and place in the [first] article contained, Gregory Ebdon came to Captaine Cooke to take order for the souldiers and officers' paye, and for powder and match and such military provisions; and Ebdon having spent half an houre in conference with the captain, Nicholas Seaward came into the same roome where Ebdon and the captaine then were and then tooke occasion to speake disgracefully of high constables and their unjust and fraudulent accounts, and the shite or triviall inditements given in at the assesses and sessions by the constables'. Seaward 'did then and there intimate or declare that Gregory Ebdon had misbehaved himself in his office of high constable, to the damage or prejudice of the country and the great abuse of the king's liege people; and in that sence Nicholas Seaward's words were conceived and understood by such as were then and there present'.

3. 'Nicholas Seaward in a rayling and outrageous manner told Ebdon that Ebdon was an usurer and an extortioner.'

4. 'Gregory Ebdon did call Nicholas Seaward lyeing knave or base lyeing knave ... yet the words were spoken at the time and place aforesaid after the provoking and disgracefull words contained in the [third] head were spoken by Nicholas Seward to and of Ebdon, and by waie of answeare or reply unto Nicholas Seaward who immediately before said in a most reproachfull manner that Ebdon was a base lying knave.'

'Gregory Ebdon did say Nicholas Seaward was a base lyeing knave ... yet the words were spoken in this manner and noe other namely that Nicholas Seaward was a base lyeing knave in calling Ebdon base lyeing knave and noe other waies.'

No date.

Signed by George Parry.

Acta (4), fo. 231, Letters commissory for the defendant

Addressed to commissioners Richard Stafford, Richard Collins, John Conant, Edward Drake, gents, and also, John Willowby, esq, John Newbery and Richard Vickarie, gents, and John Evely cleric, to meet in a cause of scandalous words provocative of a duel from 22 to 24 September 1640, in the inn of Richard Sprague, in Ottery St Mary, co. Devon.

Dated 3 July 1640.

Signed by William Lewin, appointing his deputy John Watson to act as notary public (but this is at least in part later performed by the notary public Henry Linscott).

Acta (4), fos. 224r-227r, Defence depositions

Taken before the commissioner John Conant, gent., on Tuesday 22 September 1640, in the inn of Richard Sprague in the town of Ottery St Mary, co. Devon, with Henry Linscott as notary public.

fos. 225r-v (Witness 1), Gregory Axe of Ottery St Mary, co. Devon, yeoman, born there, aged 32

To Ebdon's defence:

1. At the time of the libel, before and since, Ebdon 'was and is one of the head constables of the county of Devon and soe generally accounted'. In about April 1639 'Mr William Cooke did muster and take view of the armes and persons of certaine prest souldiers for his Majestie's service in Ottery, and was then at the house or tavern of Richard Arundell at Ottery in the county of Devon'. He was then in Ottery saw Mr Cooke muster the soldiers.

2-3. Gregory Ebdon came to Mr Cooke 'and after some discourse between them, Nicholas Seaward (being then also present)took occasion to speak to Gregory Ebdon in a very angry manner, and divers times called him extorter, and said that he would prove him to be an extorter, which words he spake in a very outrageous manner with an intent (as this witness conceived) to disgrace Gregory Ebdon; and thereupon Gregory Ebdon replyed to Nicholas Seaward, and said that he was a lying gentleman in calling of him extorter, and also was a base lying knave in calling of him extorter.'

Signatures by Gregory Axe and by commissioner Conant.

fos. 226r-v (Witness 2), Richard Cole of Ottery St Mary, co. Devon, yeoman, born there, aged 30

To Ebdon's defence:

1. Gregory Ebdon was one of the head constables for the county of Devon in April 1639. Mr William Cooke, 'captayne of one of the trayned bands for the county did muster and take view of the armes and persons of certaine prest souldiers for his Majestie's service at the house and tavern of one Richard Arundel in Ottery'.

2-4. 'At the tyme and place aforesaid Gregory Ebdon came to Captaine Cooke and after some conference had between them, Nicholas Seaward came into the same roome where Ebdon and the Captaine were. And then and there Nicholas Seaward did in an angry and disgracefull manner call Gregory Ebdon base extorting knave, and base lying knave, unto whom Gregory Ebdon then replyed that he was a base lying knave in calling of him base lying knave'.

Signatures by Richard Cole and by commissioner Conant.

fos. 226v-227v (Witness 3), George Heathfield of Ottery St Mary, co. Devon, yeoman, born there, aged 27

To Ebdon's defence:

1. As witness 2.

2-5. 'Gregory Ebdon came to Captaine Cooke to take order for the souldiers and officers pay for powder and match and such provisions, and saith that after some conference had between Ebdon and Captaine Cooke, Nicholas Seaward came into the same roome where the Captaine and Ebdon were, and sate downe by Ebdon. And then and there this witness did heare Nicholas Seaward in a very railing and outragious manner call Gregory Ebdon base extortioner, and base lying knave unto whom Gregory Ebdon then replyed and said that he was no more base lying knave than he Seaward was, which words Nicholas Seaward spake (as this witness conceived) with an intent to disgrace Gregory Ebdon.'

Signatures by George Heathfield [his mark] and by commissioner Conant.

Acta (4), fos. 227v-228r, Notary public's certificate

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

Dated 29 September 1640

Notary public's mark and seal.

Summary of proceedings

Dr Duck acted as counsel for Seaward and Dr Parry for Ebdon. On 4 February 1640 Dr Duck was charged to require examination of witnesses upon the libel. On 10 October 1640 the court sent to the commissioners for the testimony of Ebdon's witnesses. On 30 October 1640 Dr Parry petitioned to publish the testimony of Ebdon's witnesses.

Notes

Neither party appeared in the 1620 Visitation of Devon: F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872).

On the background to the pressing of men for the Scots wars in this area in 1639, see the account based on the papers of John Willoughby, esq., the local justice and another trained band captain, in: M. Wolffe, Gentry Leaders in peace and War. The Gentry Governors of Devon in the Early Seventeenth Century (University of Exeter Press, 1997), pp. 231-3.

Documents

• Initial proceedings
  • Petition to Maltravers: 6/85 (4 Jul 1639)
  • Plaintiff's bond: 6/87 (5 Jul 1639)
  • Defendant's bond: 6/24 (14 Oct 1639)
  • Summary of libel: R.19, fo. 6r (1639)
• Plaintiff's case
  • Letters commissory for the plaintiff: 19/6a (11 Feb 1640)
  • Defence interrogatories: 19/6b (no date)
  • Plaintiff's exhibits: 19/6c (30 Mar 1640)
  • Notary public's certificate: 19/6d (7 Apr 1640)
• Defendant's case
  • Defence: Acta (4), fo. 230 (no date)
  • Letters commissory for the defendant: Acta (4), fo. 231 (3 Jul 1640)
  • Defence depositions: Acta (4), fos. 224-7 (22 Sep 1640)
  • Notary public's certificate: Acta (4), fo. 228 (29 Sep 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings: 1/11, fos. 49r-52r (24 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)

People mentioned in the case

• Arundel, Richard, vintner (also Arundell)
• Axe, Gregory, yeoman
• Cole, Richard, yeoman
• Collins, Richard, gent
• Conant, John, gent
• Coke, William, esq
• Cooke, William, Captain
• Drake, Edward, gent
• Duck, Arthur, lawyer
• Ebdon, Gregory, yeoman / husbandman
• Eveleigh, John, clerk (also Evely)
• Hare, Richard, fisherman
• Heathfield, George, yeoman
• Howard, Henry, baron Maltravers
• Lewin, William, registrar
• Linscott, Henry, notary public
• Maddocke, Maximilian, gent
• Newbury, John, gent (also Newbery)
• Parry, George, lawyer
• Payne, Thomas, notary public
• Peryam, Clement, innkeeper
• Saunders, Richard, yeoman
• Seaward, Humphrey, merchant
• Seaward, Nicholas, gent
• Sprague, Richard, innkeeper
• Stafford, Richard, gent (also Stofford)
• Stuart, Charles I, king
• Vicary, Richard, gent (also Vickarie)
• Watson, John
• Willowby, John, esq (also Willoughby)

Places mentioned in the case

• Cornwall
  • Ruan Lanihorne
• Devon
  • Exeter
  • Ottery St Mary
  • Thorne
• Middlesex
  • Lyons Inn
  • Westminster
• Somerset
  • Bridgwater
  • Staple Fitzpaine
• Scotland

Topics of the case

• allegation of cheating
• Bishops' Wars
• denial of gentility
• giving the lie
• high constable
• insult before gentlemen
• military officer
• office-holding
• quarter sessions
• ship money
• taxation