583 Scoles v Nutt

583 SCOLES V NUTT

Edward Scoles of Charlton, co. Berkshire, gent v Thomas Nutt of Grove, Wantage, co. Berkshire

May 1636 - June 1637

Abstract

Scoles complained that Nutt said 'before many persons' that he was 'a knave, a base knave, a foule puppy, and a base rogue'. When Scoles told Nutt to forbear such words, or he would report him to the Earl Marshal, Nutt replied, 'Thou a gentleman, thou a puppy, and said that he cared not a fart; he could go to the Lord Marshall and be made a gentleman for 5 li'. Scoles maintained these words were in contempt of court. The libel was given in May 1636 and Sir Edward Yate, bart, was appointed to head a commission to examine the witnesses for Scoles 14-16 July 1636 at the Antelope Inn, Abingdon, Berkshire. On 6 January 1637 Dr Talbot began the defence for Nutt and on 16 February a commission headed by John Fettiplace, gent, was appointed to examine his witnesses, from 30 March to 1 April 1637 at the Bear Inn, Wantage, Berkshire. In June 1637 the counsels for Scoles and Nutt declared that the cause had been settled by agreement, and requested the return of the bonds.

Initial proceedings

R.19, fo. 5r, Summary of libel

'Scoles, for 10, 15 or 20 years past, is and hath bin a gentleman descended of a family of gentry; and that Nutt (at such a time and place) before many persons, said that Scoles was a knave, a base knave, a foule puppy, and a base rogue, thereby to provoke andc. And being admonished to forbear such speeches, or that Scoles would complaine to the Earle Marshall, he replyed, 'Thou a gentleman, thou a puppy', and said that he cared not a fart; he could go to the Lord Marshall and be made a gentleman for 5 li in contempt and c.'

1636 [May 1636]

No signature.

Sentence / Arbitration

7/36, Legal notes

Tiny slip reading: 'Scoles v Nutt: Dr Sweit, Dr Tooker. Dr Sweit [seeks settlement]'

Slip next to it: 8 June 1637

'I doe acknowledge that the cause between Mr Scoles and Mr Nutt is agreed that it maie stand with the pleasure of the court and I am contented it be dismissed and the bonds on both sides delivered'.

Signed by Charles Tooker and Giles Sweit.

Summary of proceedings

Dr Sweit and Dr Tooker acted as counsel for Scoles and Dr Talbot and Dr Eden for Nutt. In May 1636 the libel was given and the following commissioners were nominated: Sir Edward Yate, bart, John Mills, bachelor of law, Thomas Hide, M.A., and William Seymar, gent, and also, Francis Keale, esq, John Clarke, esq, Samuel Gardiner, Dr of Law, Thomas Percy, gent. The commission was required to meet to examine the witnesses for Scoles from 14 to 16 July 1636 at the Antelope Inn, Abingdon, co. Berkshire. On 28 January 1637 Dr Sweit was to prove the libel and Dr Tooker was to give defensive material. On 16 February 1637 Dr Talbot was required to prove the material for the defence and Dr Tooker nominated John Fettiplace, George Purefoy, Francis Kent, esq, and Thomas Percy, gents, as commissioners for Nutt. Dr Sweit nominated John Mills, Francis Slade, Thomas Hide and James Herne, gents, as commissioners for Scoles. They were to meet to examine the witnesses for Nutt from 30 March to 1 April 1637 at the Bear Inn, Wantage, co. Berkshire.

Notes

Edward Scoles was the fourth son of Jasper Scoles of Charlton, co. Berkshire, and Dorothy, daughter of William Wirdnam also of Charlton.

W. H. Rylands (ed.), The Four Visitations of Berkshire, 1532, 1566, 1623, and 1665-6, vol. I (Publications of the Harleian Society, 56, 1907), p. 144.

Documents

• Initial proceedings
  • Summary of libel: R.19, fo. 5r (May 1636)
• Sentence / Arbitration
  • Legal notes: 7/36 (8 Jun 1637)
• Proceedings
  • Proceedings before Arundel: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C] (hereafter 68C), fos. 89r-100r (May 1636)
  • Proceedings before Sir Henry Marten: 68C, fos. 84r-88v (9 May 1636)
  • Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637)
  • Proceedings: 68C, fos. 1r-11r (16 Feb 1637)
  • Proceedings: 68C, fos. 14r-20v (16 Feb 1637)
  • Proceedings: 68C, fos. 37r-41v (29 Apr 1637)

People mentioned in the case

• Clarke, John, esq
• Fettiplace, John, gent
• Gardiner, Samuel, Dr of Law
• Herne, James, gent
• Hide, Thomas, M.A.
• Howard, Thomas, earl of Howard
• Keale, Francis, esq
• Kent, Francis, esq
• Marten, Henry, knight
• Mills, John, Bachelor of Law
• Nutt, Thomas
• Percy, Thomas, gent
• Purefoy, George, gent
• Scoles, Dorothy
• Scoles, Edward, gent
• Scoles, Jasper
• Seymar, William, gent
• Slade, Francis
• Sweit, Giles, lawyer (also Sweitt)
• Talbot, Clere, lawyer
• Tooker, Charles, lawyer
• Wirdnam, Dorothy
• Wirdnam, William
• Yate, Edward, baronet

Places mentioned in the case

• Berkshire
  • Abingdon
  • Charlton
  • Grove
  • Wantage

Topics of the case

• arbitration
• contempt of court
• denial of gentility
• nicknaming
• scatological insult