609 Southcott v Beare

609 SOUTHCOTT V BEARE

William Southcott of Bovey Tracey, co. Devon, gent v Richard Beare of the same

May 1636 - November 1637

Abstract

Southcott complained that Beare gave him the lie 'and said that he was a better man then William Southcott, and that William Southcott was the squirt of a kite and the spawne of a crablowse.' Proceedings were under way by May 1636 and Southcott won the verdict on 18 November 1637 and was granted £40 in damages and £20 expenses. In February 1639 the court heard a complaint that little had been done to meet the conditions of the sentence.

Sentence / Arbitration

12/1l, Plaintiff's sentence

Beare 'gave William Southcott the lye and said that he was a better man then William Southcott, and that William Southcott was the squirt of a kite and the spawne of a crablowse.'

Southcott was granted £40 in damages and taxed at £20 in expenses.

18 November 1637.

Signed by Arthur Duck, Joseph Martyn and Lord Maltravers.

12/1g, Plaintiff's bill of costs [damaged]

Began the term before:

£9-10s, including fees for consulting an advocate

Easter term, 1637 - Trinity term, 1637

Total: £64-11s-10d

Signed by Arthur Duck, and Joseph Martyn.

Taxed at £20.

Signed by Maltravers.

Summary of proceedings

Dr Martin acted as counsel for Southcott and Dr Parry for Beare. On 7 May 1636 Beare was required to appear when next stipulated. Material for Beare's defence was presented on 14 October 1637. On 18 November 1637 Dr Martin petitioned to hear the sentence which found Beare guilty with taxes of £20 and a fine of £40. On 23 February 1639 the court heard the complaint that two years had elapsed since the sentence, expenses and damages, but little had been done.

Notes

The plaintiff was possibly William, fifth son of Thomas Southcott of Bovey, and his third wife, Elizabeth.

F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872), p. 266.

Documents

• Sentence / Arbitration
  • Plaintiff's sentence: 12/1l (18 Nov 1637)
  • Plaintiff's bill of costs: 12/1g (Tri 1637)
• Proceedings
  • Undated proceedings: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C] (hereafter 68C), fos. 64r-67r (c. Apr 1636)
  • Proceedings before Arundel: 68C, fos. 89r-100r (May 1636)
  • Proceedings before Maltravers: 68C, fos. 74r-83v (7 May 1636)
  • Proceedings before Sir Henry Marten: 68C, fos. 84r-88v (9 May 1636)
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)
  • Proceedings before Maltravers: 8/28 (31 Oct 1637)
  • Proceedings before Maltravers: 8/29 (18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Beare, Richard
• Duck, Arthur, lawyer
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Marten, Henry, knight
• Martyn, Joseph, lawyer (also Martin)
• Parry, George, lawyer
• Southcott, Elizabeth
• Southcott, Thomas
• Southcott, William, gent

Places mentioned in the case

• Devon
  • Bovey Tracey

Topics of the case

• comparison
• giving the lie