701 Wharton v Pudsey

701 WHARTON V PUDSEY

Michael Wharton of Bentley, co. York, esq v Ralph Pudsey of Stapleton, co. York, gent

November 1639 - December 1640

Abstract

Wharton complained that in October 1637 Pudsey took Wharton's mare from the stable of widow Anne Fox of Beverley, Yorkshire, and paid the town crier to 'leade and crie the meare up and downe' Beverley market as if it was for sale at the St John's Fair, 'on purpose to disgrace me.' Pudsey then boasted about this at John Farburne's inn a few days later. Wharton also claimed that in December 1638, when he declined an invitation to dine with friends in London, Pudsey had said in the Rose Tavern outside Temple Bar to some of his Yorkshire friends 'that I did a roguish and rascally parte in not comeing to supper where I was invited'. Wharton added that Pudsey had procured his cousin Thomas Beckwith of Beverley to say in the presence of Wharton's friends that he ought to duel with Pudsey to end their differences. This apparently occurred on two occasions, at John Browne's house in May 1639 and again at Robert Manby's house in September, after which Pudsey claimed that Wharton had been the one to challenge him [see cause 549]. In his defence, Pudsey maintained that he did not know that the mare belonged to Wharton and had simply borrowed it for a ride to the tavern because the weather was so foul. He also pointed out that he had already been prosecuted at York assizes in August 1638 for taking the mare from Ann Fox's stable and paid £9 in damages to Wharton for doing so.

Process was granted on 7 November 1639 and Wharton's witnesses were examined by commissioners John Smith, gent., and Edward Nelthorpe, gent., on 9 January 1639, in William Pope's Blue Bell Inn, in Beverley. One of Wharton's witnesses, who had been present in the Rose Tavern, was William Johnson of Cherry Burton, yeoman, who had been sentenced in the court on 5 December 1638 for having called Pudsey 'a base papisticall rascall' [see cause 546]. Wharton won the verdict and Pudsey was sentenced for having said of Wharton 'that he had done a roguish part'. The case was taxed at £20 in expenses to Wharton, although the scale of the damages awarded is unclear. No details of Pudsey's submission survive.

Initial proceedings

2/131, Petition to Arundel

'Mr Ralph Pudsey, about two years since, tooke your petitioner's meare out of a stable in the market towne of Beverly and caused the towne crier there to crie her upp and downe the streetes, and gave the crier a double fee for the same; and said he did it because he would have the meare well cried, and on purpose to disgrace your petitioner. Afterwards about the monthes of November or December 1638, your petitioner being invited by a friend to supp in the citie of London, and his occasion not permitting him to come, Ralph Pudsey hearing of it said in the presence of divers gentlemen that it was a roguish and rascally part of your petitioner not to come; and one Thomas Beckwith of Beverlie, with the prioritie and directions of Ralph Pudsey, did, before divers of your petitioner's friends and wellwillers, take occasion to say that there were divers differences between your petitioner and his cozen Pudsey but said will Mr Wharton fight with him for that will end all controversies, on purpose to disgrace and provoke your petitioner.'

Petitioned that Pudsey be brought to answer.

Maltravers granted process on 7 November 1639.

2/133, Plaintiff's bond

7 November 1637

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

Signed by Michael Wharton.

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

2/170, Defendant's bond

8 November 1639

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

Signed by Ralph Pudsey.

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

Acta (5), fo. 116, Libel

Michael Wharton was the natural and legitimate son of Sir Michael Wharton, a family that had been gentry for 200 years.

1. In Beverley 'Ralph Pudsey did take my meare out of the stable of one Anne Fox, widow of the towne and cause the crier of the towne to leade and crie the meare up and downe the faire or market there, and gave him a double fee for his soe doeing and said he did it on purpose to disgrace me'.

2. In London, Pudsey had said 'that I did a roguish and rascally parte in not comeing to supper where I was invited'.

3. Pudsey 'said that there were manie differences between Pudsey and Michael Warton and asked if I Warton would enter combat with Pudsey and soe end the same'.

No date.

Signed by Thomas Eden and William Lecon.

R.19, fo. 13v, Summary of libel

Described Pudsey as of Stapleton, co.York.

'Warton was and is the eldest son of Sir Michael Warton and that he and his ancestors for 200, 100 or 20 yeares past is and have been gentlemen of an ancient family. And that Pudsey (at such a time and place) did take Warton's mare out of the stable of one Anne Fox in Beverley, and caused the cryer of the towne to lead the mare up and down the market there andc, and gave him a double fee for his paines, and said he did it on purpose to disgrace him. And at another time, said there were many differences between them; and asked Warton if he would enter combat with him, and soe end the same, thereby to provoke and c.'

1639

No signature.

Acta (5), fo. 117, Letters commissory for the plaintiff

Addressed to commissioners William Goodricke, gent, Gregory Crayke, gent, William Chantrell, clerk, and John Smith, gent, and also, Matthew Wentworth, esq, Robert Hildiard, gent, Thomas Gee, gent and Edward Nelthorpe, gent, to meet in a cause of scandalous words provocative of a duel, from 9 to 11 January 1639, in William Pope's Blue Bell Inn, in Beverley, co. York.

John Watson assigned John Rainshaw as notary public.

Dated 26 November 1639.

Signed by John Watson and John Rainshaw.

Acta (5), fo. 115, Defence interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witnesses' age, occupation, place and condition of living?

2. Was the witness a relative or household servant to either party? How much were they worth in goods with their debts paid? To whom would they give the victory if it were within their power?

3. Had he received or been promised a reward for testifying? If yes, by whom?

4. Exactly where and when were the pretended words spoken and who was present?

5. Precisely what were the pretended words, and what happened before and after them?

6. What other lawsuits were depending between Wharton and Pudsey, and in what courts? Who commenced these suits? What verdicts had been returned and who had paid costs?

7. Had Wharton commenced a suit against Pudsey and others at the common law for taking a mare from Anne Fox's stable? Was there a trial between them at the assizes before Judge Berkley 'att or about Lamas was twelvemonths'? What was the verdict? Did Wharton recover £9 for costs and damages against Wharton? Was the mare the very same mare mentioned in Wharton's libel?

8. What passages did Mr Pudsey use in taking away the mare? Did he know the mare was Wharton's mare? Did he enquire whose the mare was? Did he say that he would only take the mare to ride to the inn or tavern because the weather was foul? Did he say that he would return the mare soon after? Did he then return the mare, and was 'shee not refused to be receaved'?

No date.

Signed William Merrick.

Acta (5), fo. 104, Preamble to plaintiff's depositions

Depositions to be taken before Edward Nelthorpe at the Blue Bell Inn, Beverley, co. York, with John Rainshaw as notary public.

Signed by commissioner Edward Nelthorpe.

Acta (5), fos. 105r-106v, 111r-113v, Plaintiff's depositions

9 January 1640

fos. 105r-v (Witness 1), William Johnson of Beverley, co. York, draper, born there, aged 39

To Wharton's libel:

4. In May 1639 he heard Thomas Beckwith say 'in the presence of some persons whose names he cannot nowe remember, in the house of John Browne of Beverley, that there were differences and suites betweene Michaell Wharton esq and Ralph Pudsey gent., Will Mr Warton fight with Mr Pudsey'?

Signed by William Johnson and by commissioners John Smith and Edward Nelthorpe.

To Pudsey's interrogatories:

2. 'He wisheth right may take place'.

3. 'He hath not received anything for his testimony in this cause neither expecteth any thinge for the same'.

6. There had been no lawsuits between him and Pudsey.

7. He had heard that Wharton 'did commence a suite against Pudsey and others 'att the comon lawe for takeinge a mare out of the stable of one Ann Fox; and that there was a tryall betwixt them att the assizes about Lamas was twelvemonths, and that Wharton recovered nyne pounds for damages against Mr Pudsey for the same.'

Signed by William Johnson and by the above two commissioners.

fos. 106r-v, 111r (Witness 2), Anna Clarke [formerly Ann Fox, widow?], wife of Lancelot Clarke of Beverley, co. York, baker, born at Houlden [Howden], co. York, aged 28

To Wharton's libel:

2. In October 1637 Ralph Pudsey took a mare of Michael Wharton's out of the stable of Ann Fox, widow of Beverley. The next day town crier 'did crie the meare up and downe the towne, but who caused the cryer to crye the Meare she cannot tell'. There was neither faire nor market the day that 'the mare was soe cryed to her knowledge.'

Signed by Ann Clarke [her mark] and by the above two commissioners.

To Pudsey's interrogatories:

2. As witness 1.

3. As witness 1.

6. As witness 1.

7. As witness 1 and that the mare was the very same horse.

8. 'Mr Pudsey did know the meare to bee Mr Warton's meare, and did enquire of her whose Meare she was, saying this is my coozen Warton's mare, and she answered that she was a barlyman's mare. Whereupon Mr Pudsey sayd hee would take the mare to ryde in to the Parkes, and did take her out of the stable about three of fowre of the clocke in the afternoone of the same daye and about sixe of the clocke of the same day shee was returned againe and was refused by [Clarke/Fox] because the messenger told [her] that she lent the meare'.

Signed by Ann Fox [her mark - this is the same mark as Ann Clarke on fo. 106r who had probably married again to Lancelot Clarke.]

Signed by the above two commissioners.

fos. 111r-v (Witness 3), Francis Smalls of Preston in Holderness, co. York, attorney, born at Beverley, co. York, aged 43

To Wharton's libel:

3. He was in company with Ralph Pudsey, William Johnson, Peter Windor 'and some others whose names he cannot now remember, in a taverne called the Rose Taverne without Temple Barr London', when he heard Mr Pudsey say, 'Mr Michaell Warton was invited to supper to a gentle house and promised to come, and the same afternoone went out of the towne; and speaking to [Smalls] and the rest thereunto sayd, What doe you thinke of this, was not this a roguish parte?'

Signed by Francis Smalls and by the above two commissioners.

To Pudsey's interrogatories:

2. 'He desireth right may take place, and is worth 100^li his debts paid'.

5. He 'knoweth not any occacon of speaking the wordes afore deposed by this respondent.'

7. 'Mr Warton did commence a suite against Ralph Pudsey and others at Comon Lawe for takinge a Mare out of the stable of one Ann Fox of Beverley and saith there was a Triall betwixt them at the Assizes at York before Judge Barkly about Lamas was Twelvemonths.'

Signed by Francis Smalls and by the above two commissioners.

fos. 112r-v (Witness 4), William Johnson of Cherry Burton, co. York, yeoman, born at Bishop Burton, co. York, aged 36 [see cause 546]

To Wharton's libel:

3. He was with Ralph Pudsey, Peter Windor, Francis Smalls and some others whose names he could not remember in the Rose Tavern outside Temple Bar, London, in December 1638, when he heard Pudsey say 'Mr Coozen Warton was invited to one Mr Johnson's house to supper or dinner (but whether of these words he used [Johnson] remembreth not) and came not; and sayd that itt was a roguish and rascally parte in not comeing accordingly.'

Signed by William Johnson and by the above two commissioners.

To Pudsey's interrogatories:

2. He was not related to Wharton and was worth £500 his debts paid. He 'wisheth right may take place.'

6. There had been suits between him and Pudsey, and one was depending between them in Star Chamber, 'and there have been costs recorded on both sides.'

Signed by William Johnson and by the above two commissioners.

fos. 112v-113v (Witness 5), Robert Johnson of Beverley, co. York, yeoman, born at Bishop Burton, co. York, aged 30

To Wharton's libel:

2. A day or two after St John's Fair in Beverley in October 1637, he heard Ralph Pudsey in John Farburne's house in Beverley say that 'that meare which he tooke out of Ann Fox stable, hee knew her to be Mr Warton's mare; and that hee did it on purpose to disgrace Mr Warton because that hee thought Mrs Fox and hee was nought together.'

4. He was in John Browne's house in Beverley where he heard Thomas Beckwith say that 'the differences that was between Mr Warton and Mr Pudsey would not be ended without a duell.'

Signed by Robert Johnson and by the two commissioners.

To Pudsey's interrogatories:

2. He was worth £100 his debts paid 'and wisheth right may take place'.

6. There was a lawsuit depending between him and Mr Pudsey, in which suit Johnson was plaintiff in the Court of Common Pleas.

7. 'He hath heard that there was a suite at comon lawe commenced by Mr Wharton against Mr Pudsey for a mare out of the stable of one Ann Foxe; and that there was a triall betwixt them at the assizes; and that Mr Warton recovered costs and damages for the same.'

Signed by Robert Johnson and by the above two commissioners.

Acta (5), fo.104, Notary public's certificate

Certificate in Latin signed by John Rainshaw, notary public that the below examinations had been completed and were now being returned.

Detailing that the depositions were taken before commissioners John Smith, gent, Edward Nelthorpe, gent, on 9 January 1640 at the house of William Papes with John Rainshaw the notary public.

Also signed by commissioners Edward Nelthorpe and John Smith.

Dated 9 January 1640

Notary's mark.

18/5k, The information of Francis Smalls of Preston, co. York [damaged]

'Whereas I was produced as a witnesse in a cause depending in the Court Military before... on the behalf of Michael Warton, esq., plaintiff against Ralph Pudsey, gent.; defendant concerning the words which Mr Pudsey did speake tending to the disparagement of Mr Warton, and since am informed that my deposition is imperfecte, in regard the time when such words were spoken is not inserted therein which I am required thereby to perfect in that point.

Your honour may be pleased to be informed, that the words were uttered *shortlie* after the end of Michaelmas terme about the beginning of December anno dmi 1638, which (as I remember) I related at my examination, but how that is omitted I know not. All which at Mr Wharton's requeste, as here, I humblie submit unto your Honour, so in your lordship's owne way it shall bee readily testified by him that is your honour's'.

Sentence / Arbitration

17/6a, Plaintiff's sentence

Pudsey was sentenced for having said of Wharton: 'that he had done a roguish part'.

The space for damages was left unfilled, but the cause was taxed at £20.

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by Thomas Eden and Lord Maltravers.

17/6c, Defendant's sentence

Blank spaces were left for damages and taxes to have been inserted.

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by William Merrick.

17/6b, Plaintiff's bill of costs

Michaelmas term, 1639: £5-15s-4d

Hilary term 1639: £14-5s-0d

Easter term, 1640: £16-16s-8d

Sum total: £36-17s-0d

Signed by Thomas Eden.

Taxed at £20

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by Maltravers.

17/6d, Defendant's bill of costs

Michaelmas term, 1639 until Easter term, 1640.

Sum total: £42-13s-4d

Signed by William Merrick.

No date marked but filed under second session, 15 June 1640, Trinity term, 1640.

Summary of proceedings

Dr Eden acted as counsel for Wharton and Dr Merrick for Pudsey. On 4 February 1640 the testimony of Wharton's witnesses upon the libel was required to be published. On 4 December 1640 the court was to hear the verdict concerning a payment of £20 for expenses. Dr Eden declared that Pudsey should pay the same by the last session of Hilary term 1641.

Notes

Michael Wharton (1593-1645) was the son and heir of Sir Michael Wharton of Beverley Park, knight (d.1655), and Elizabeth, daughter of Ralph Hansby of Beverley. He attended St John's, Cambridge and Gray's Inn. He married Catherine, daughter of Christopher Maltby of Maltby, co. York and became a prominent ship money refuser. He was M.P. for Beverley in both the Short and Long Parliaments and although at first a lukewarm parliamentarian, by 1643 he attended the King at Oxford, for which he was secluded from the House of Commons in 1644. He died among the royalist garrison defending Scarborough castle.

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. 331; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), pp. 379-80; J. T. Cliffe, The Yorkshire Gentry from the Reformation to the Civil War (London, 1969), p. 325; B. English, The Great Landowners of East Yorkshire, 1530-1910 (Hemel Hempstead, 1990), passim .

Also of Monkwearmouth, co. Durham, Ralph Pudsey (b. c. 1616) was the son of William Pudsey of Bolton, esq, and Elizabeth, daughter of John Banister of Wakefield. Ralph's grandfather, Thomas Pudsey had died imprisoned in York castle for his Catholicism in 1576. Ralph was also a Roman Catholic and was commissioned as a lieutenant-colonel in the royalist horse regiment of Colonel Anthony Eyre.He was either killed at Naseby or Drogheda.

P.R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 308; J. W. Clay (ed.), Dugdale's Visitation of Yorkshire, with additions (Exeter, 1907), vol. 2, p. 275.

Documents

• Initial proceedings
  • Petition to Arundel: 2/131 (7 Nov 1639)
  • Plaintiff's bond: 2/133 (7 Nov 1639)
  • Defendant's bond: 2/170 (8 Nov 1639)
  • Libel: Acta (5), fo. 116 (no date)
  • Summary of libel: R.19, fo. 13v (1639)
• Plaintiff's case
  • Letters commissory for the plaintiff: Acta (5), fo. 117 (26 Nov 1639)
  • Defence interrogatories: Acta (5), fo. 115 (no date)
  • Preamble to plaintiff depositions: Acta (5), fo. 104 (no date)
  • Plaintiff depositions: Acta (5), fos. 105r-106v, 111r-113v (9 Jan 1640)
  • Notary public's certificate: Acta (5), fo. 104 (9 Jan 1640)
  • Information of witness: 18/5k (no date)
• Sentence / Arbitration
  • Plaintiff's sentence: 17/6a (15 Jun 1640)
  • Defendant's sentence: 17/6c (15 Jun 1640)
  • Plaintiff's bill of costs: 17/6b (15 Jun 1640)
  • Defendant's bill of costs: 17/6d (15 Jun 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Banister, Elizabeth
• Banister, John
• Beckwith, Thomas
• Berkley, judge
• Browne, John
• Chantrell, William, clerk
• Clarke, Anna
• Clarke, Lancelot, baker
• Crayke, Gregory, gent
• Eden, Thomas, lawyer
• Eyre, Anthony
• Farburne, John, innkeeper
• Fox, Anne
• Gee, Thomas, gent
• Goodricke, William, gent
• Hansby, Elizabeth
• Hansby, Ralph
• Hildiard, Robert, gent (also Hildyard, Hillyard, Hyldiard, Hilliard)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Johnson, Robert, yeoman
• Johnson, William, draper
• Johnson, William, yeoman
• Lecon, William
• Maltby, Catherine
• Maltby, Christopher
• Manby, Robert
• Merrick, William, lawyer
• Nelthorpe, Edward, gent
• Pope, William, innkeeper
• Pudsey, Elizabeth
• Pudsey, Ralph, gent
• Pudsey, Thomas
• Pudsey, William, esq
• Rainshaw, John, notary public
• Smalls, Francis, attorney
• Smith, John, gent
• Stuart, Charles I, king
• Watson, John
• Wentworth, Matthew, esq
• Wharton, Elizabeth (also Warton)
• Wharton, Catherine (also Warton)
• Wharton, Michael, esq (also Warton)
• Wharton, Michael, knight (also Warton)
• Windor, Peter

Places mentioned in the case

• Cambridgeshire
  • St John's College
  • University of Cambridge
• Durham
  • Monkwearmouth
• Ireland
  • Drogheda
• London
  • Gray's Inn
  • Temple Bar
• Middlesex
  • Westminster
• Northamptonshire
  • Naseby
• Oxfordshire
  • Oxford
• York
  • York Castle
• Yorkshire, East Riding
  • Bentley
  • Beverley
  • Beverley Park
  • Bishop Burton
  • Cherry Burton
  • Holderness
  • Howden
  • Preston
• Yorkshire, North Riding
  • Bolton
  • Scarborough
  • Stapleton
• Yorkshire, West Riding
  • Maltby
  • Wakefield

Topics of the case

• assizes
• challenge to a duel
• civil war
• Court of Common Pleas
• inns of court
• Long Parliament
• other courts
• parliamentarian
• Roman Catholic
• ship money
• taxation