578 Samwell v Seers

578 SAMWELL V SEERS

Robert Samwell of Upton, co. Northampton, gent v Edward Seers of Datchet, co. Buckingham, yeoman

November 1639 - June 1640

Abstract

Samwell complained that in August 1639, in Francis Sandford's tavern in the parish of Iver, Buckinghamshire, Seers said 'that I was a knave and a base gentleman', in the presence of witnesses who included William Hawkins and John Wilder, gents. The quarrel had arisen from an alcohol-fuelled discussion of accounts, and the general consensus among the witnesses was that Samwell had provoked Seers by calling him a knave, and saying 'he would prove him a gray bearded knave.' Process was granted on 29 November 1639 and depositions for Samwell were taken before Sir Henry Martin in June 1640. There is no indication of the verdict.

Initial proceedings

2/139, Petition to Arundel

'The humble petition of Robt Samwell of Upton in the County of Northampton, gent., and sonne of Sir Wm Samwell, kt.

One Edward Seers of Dochett in the countie of Bucks, yeoman, did about the month of September last past, without any cause given him by your petitioner, say that your petitioner was a knave and a base gent., and iterated those and other injurious words divers times in the presence of divers witnesses.'

Petitioned that Seers be brought to answer.

Maltravers granted process on 29 November 1639.

2/142, Plaintiff's bond

29 November 1639

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

Signed by Robert Samwell.

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

2/105, Defendant's bond

7 December 1639

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

Signed by Edward Seeres.

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

20/3k, Libel

1. Samwell's family had been gentry for 200 years, and Samwell was the natural and lawful son of Sir William Samwell of Upton, knight.

2. Between August and November 1639, in the parish of Iver, co. Buckingham, Edward Seers said 'that I was a knave and a base gentleman', which contemptuous words were provocative of a duel.

Dated 5 December 1639

Signed by William Lewin.

15/3j, Personal answer

1. Seers believed this to be true.

2. Seers did not believe this to be true.

No date.

Signed by Thomas Exton.

Plaintiff's case

14/3v, Defence interrogatories

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

2. Did the witness live of their own, or were they dependent upon another? How much were they worth with their debts paid? Were they taxed in the last subsidy and at what amount?

3. Was the witness a household servant or waged officer of Seers or Samwell? To which side would they give victory were it within their power?

4. Had the witness been suborned or compelled to testify? Had they received or been promised expenses to testify?

5. Was there any discord or controversy between any of the witnesses?

6. Had the witness been instructed how to depose?

7. Testify what provocation 'Mr Samuell gave Edward Seers to speak such pretended words, and what words passed between them at that time both before and after.'

No date.

Signed by Thomas Exton.

Cur Mil 1631-1642, fos. 128r-131r, Plaintiff depositions

fos. 128r-129r (Witness 1), Judith, wife of Francis Sanford of Iver, co. Buckingham, vintner, born at Plashet, co. Essex, aged about 50

To Samwell's libel:

1. 'She cannot depose anything of her own knowledge'.

2. During harvest time last August or September, Samwell and Seers quarrelled 'concerning accompts as they were drinking in a lower roome of [Sandford's] house being a tavern in Iver'. Samwell first called Seers knave, and Seers replied he was no knave. Samwell said he would prove him one, and Seers replied, 'You are a knave and a base gentleman to call me knave'. Mr Hawkins, Mr John Wilder and several others were present. The speeches above 'were spoken in anger'.

To Seers's interrogatories:

1. She had lived in Iver in that house for 20 years. She had known Mr Samwell for almost a year, and Seers for 7 years, 'and careth not who hath the better in this cause but wisheth right may take place.'

2. Negative.

3. Negative.

4. She expected to have her charges paid and be recompensed for loss of her time.

5. The above words were spoken one afternoon at 3pm.

6. At the time of the words, Samwell and Seers were sitting drinking together in a lower room of her house.

Signed by Judith Sanford [her mark].

Repeated in court before Sir Henry Marten, lieutenant.

fos. 129r-130r (Witness 2), Francis Sanford of Iver, co. Buckingham, vintner, lived there for over 20 years, born in the city of Worcester, aged about 50

To Samwell's libel:

1. As witness 1.

2. During last harvest time, Mr Samwell and Seers were together 'in an upper room called the Great Chamber' in his house in Iver. They quarrelled 'concerning accompts'. Samwell called Seers knave, and Seers replied, 'He is a knave that calls me knave'.

To Seers's interrogatories:

1. He kept an inn in Iver and 'wisheth right may take place.' He had known Mr Samwell about three quarters of a year and Seers for 12 years.

2. Negative.

3. Negative.

4. He expected to have his charges paid. He had so far received 5 shillings towards his and his wife's charges.

5. The above words were spoken one afternoon.

Signed by Francis Sanford [his mark].

Repeated in court before Sir Henry Marten, lieutenant.

fos. 130r-131r (Witness 3), William Simes of Iver, co. Buckingham, husbandman, lived there for about 10 years, born at Easthampstead, co. Berkshire, aged about 31

To Samwell's libel:

1. As witness 1.

2. During last August at Sanford's house in Iver, Mr Samwell and Seers were together in a lower room. They quarrelled 'concerning accompts'. Samwell said, 'Seers you are a knave, I will prove you a knave'. Seers replied, 'He is a knave that calls me knave', and that 'for ought he knew he might be as good a man as himself.' There were present Mr Samwell and Seers, Mr Samwell's man, this witness, 'and he doth not remember anybody else was present at that time; and Mr Samwell his man then and there told Mr Samwell that he might call Seers knave for that he had been at Upbridge [Uxbridge] and one Lyons had told him that Seers had played the knave with him'.

To Seers's interrogatories:

1. He 'wisheth right may take place.' He had known Mr Samwell about three quarters of a year and Seers for 3 years.

2. Negative.

3. Negative.

4. He had so far received 18 pence 'in parte of his charges for his loss of time in coming to testify'. He expected his full charges.

5. The above words were spoken one afternoon.

Signed by William Simes [his mark].

Repeated in court before Sir Henry Marten.

Cur Mil 1631-1642, fos. 136r-v, Plaintiff deposition

fos. 136r-v (Witness 4), William Hawkins of the city of Westminster, gent, lived there for 10 years, born at Stoke, co. Buckingham, aged about 55

To Samwell's libel:

1. As witness 1.

2. During harvest time in 1639, he was with Samwell and Seers in Sanford's house in Iver. Samwell called Seers, 'Knave and base knave, and gave him many other foul languages', but he did not remember Seers calling Samwell 'Knave or base gent, or use any speeches to that effect'. John Wilder was present, and 'who else he remembreth not.'

To Seers's interrogatories:

1. He 'wisheth right may take place.'

2-4. Negative.

5. As witness 3.

6. The words were spoken in a lower room of Sanford's house.

Signed by William Hawkins [his mark].

Repeated in court before Sir Henry Marten, lieutenant.

Cur Mil 1631-1642, fos. 142v-143r, Plaintiff deposition fos. 142v-143r (Witness 5), Robert Bowyer of Iver, co. Buckingham, esq, lived there for 10 years, born at Denham, co. Buckingham, aged about 46

To Samwell's libel:

1. He had heard that Robert Samwell was son to Sir William Samwell, knight.

2. He was at the Swan in Iver in one of the months referred to, when John Welder told him 'that he was sorry that there happened such a falling out between Mr Samwell and Mr Sears'. [Bowyer] inquired what it was about, and Welder told him in private that Samwell had said he would prove Seers to be a knave, 'and said that he would prove him a gray bearded knave.' Seers answered that 'Mr Samwell was a base gentleman'.

To Seers's interrogatories:

1. He had known Seers for 9 or 10 years and 'he wisheth right may take place.'

2-4. Negative.

5. The words were spoken by Welder one afternoon at 4pm.

6. He was not present at the quarrel between Samwell and Seers.

Signed by Robert Bowyer.

Repeated in court before Sir Henry Marten, lieutenant, 8 June 1640, and in the presence of John Longland, notary public.

Summary of proceedings

Dr Lewin acted as counsel for Samwell and Dr Exton for Seares. On 4 February 1640 the witnesses were warned to submit to examination and Dr Lewin produced the witness John Wilder.

Notes

Squibb identifies a countersuit cause Seers v Samwell for which 14/3v is defence interrogatories; however 14/3v is signed by Seers' attorney Dr Exton and they seek to place the blame on Samwell. They could be plaintiff's interrogatories in a Seers v Samwell case, but this would require Seers to demonstrate his gentility before he could plead and the assumption, even in the interrogatory, is that he is a yeoman. The problem with identifying them as defence interrogatories for Seers - as has been done here - is that the interrogatories do not accord with the evidence given in the depositions by the plaintiff's witnesses.

Robert Samwell of Upton (b.1603), was the son of Sir William Samwell of Northampton, knt (d.1628) and Jane, daughter of Sir Henry Skipwith of co. Leicester. Robert died unmarried.

H. I. Longden (ed.), The Visitation of the County of Northampton in the year 1681 (Publications of the Harleian Society, 87, 1935), p. 185.

Documents

• Initial proceedings
  • Petition to Arundel: 2/139 (29 Nov 1639)
  • Plaintiff's bond: 2/142 (29 Nov 1639)
  • Defendant's bond: 2/105 (7 Dec 1639)
  • Libel: 20/3k (5 Dec 1639)
  • Personal answer: 15/3j (no date)
• Plaintiff's case
  • Defence interrogatories: 14/3v (no date)
  • Plaintiff depositions: Cur Mil 1631-42, fos. 128-31 (no date)
  • Plaintiff deposition: Cur Mil 1631-42, fo. 136 (no date)
  • Plaintiff deposition: Cur Mil 1631-42, fo. 143 (8 Jun 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Bowyer, Robert, esq
• Exton, Thomas, lawyer
• Hawkins, William, gent
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Lewin, William, lawyer
• Longland, John, notary public
• Marten, Henry, knight
• Samwell, Jane
• Samwell, Robert, gent
• Samwell, William, knight
• Sanford, Francis, vintner (also Sandford)
• Sanford, Judith (also Sandford)
• Seers, Edward, yeoman (also Seares)
• Simes, William, husbandman
• Skipwith, Henry, knight
• Skipwith, Jane
• Terrick, Humphrey
• Watson, John
• Wilder, John, gent (also Welder)

Places mentioned in the case

• Berkshire
  • Easthampstead
• Buckinghamshire
  • Datchet
  • Denham
  • Iver
  • Stoke
  • Uxbridge
• Essex
  • Plashet
• Leicestershire
• Middlesex
  • Westminster
• Northamptonshire
  • Northampton
  • Upton
• Worcester

Topics of the case

• comparison
• denial of gentility
• drunkenness
• taxation