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1 24 BAKER V SPENSER William Baker of Boughton-Under-Blean, Co. Kent, Gent V Adam Spenser of the Same, Fellmonger August 1637 N

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1 24 BAKER V SPENSER William Baker of Boughton-Under-Blean, Co. Kent, Gent V Adam Spenser of the Same, Fellmonger August 1637 N 1 24 BAKER V SPENSER William Baker of Boughton-under-Blean, co. Kent, gent v Adam Spenser of the same, fellmonger August 1637 – April 1638 Name index: Abraham, Matthew Abraham, Renold Abraham, William Adman, William Ambrose, Matthew Baker, Christopher Baker, George, gent Baker, Simon, gent Baker, William, gent Ball, John Barnes, Abel Bathurst, John, gent Boys, John Bradstreet, Christopher Bradstreet, Nicholas Bragg, John Burrell, Richard Call, John Chillenden, John, yeoman Chillenden, Thomas Chute, Edward, esq Clinton, John Cooke, Robert, esq Copland, Gabriel Cornish, Edward David, Austen Downe, John Duck, Arthur, lawyer Ettebury, Nicholas Farman, Marmaduke Fige, John Gray, Edmond Gry, Edward Gry, Gervase Hanle, Robert Hannington, William (also Hanington) Hardiman, George Hawkins, Richard Head, William Heeler, Matthew, the elder Heeler, Matthew, the younger Heeler, Gervase Henley, Richard 2 Hikes, John Hills, Hercules Howard, Henry, baron Maltravers Howard, Thomas, earl of Arundel and Surrey Howes, William Jegoe, Peter Ledger, Thomas Le Neve, William, knight Lewin, William, lawyer Lovelace, Lawrence Lowesse, William March, John Marten, John Master, Edward, knight Mychell (also Michell, Mitchell) Packingham, Edmund Paine, Leonard Partridge, Stephen Place, minister Place, William Pownes, William Price, Matthew, pointmaker Roke, Simon Rucke, William Safere, Vincent Scot, Robert Sherly, Christopher Shrubshall, John Shrubshall, Ranall Shrubshall, William (also Shrubsole) Shrubsole, Edward Shrubsole, Stephen Smith, Edward Spenser, Adam, fellmonger (also Spencer) Spencer, Israel Spencer, John (also Spencer) Spencer, Matthew Spencer, Robert Spencer, Stephen (also Spencer) Stuart, Charles I, king Tayler, Gideon Tayler, John Terrick, Humphrey, lawyer Tiler, Walter Tillson, Edward Webb, George Whitley, Edward Willeard, John Wiltarde, Thomas Wood, John 3 Place index: Kent, Boughton Boughton-under-Blean Canterbury Faversham Goudhurst Hernhill Kingsdown Tenterden Middlesex, Westminster Surrey, Ashstead Subject index: assizes coat of arms denial of gentility giving the lie Herald high sheriff King of Arms livestock office-holding other courts ship money Abstract Baker petitioned that Spenser had called him a ‘lying base fellow’ on 28 July 1637. According to a series of depositions taken before Mr Lovelace, between August and December 1637, the quarrel had begun when Baker gave evidence against Spenser at the assizes for not maintaining his hedges properly. When Baker’s hogs had trampled Spenser’s corn, Baker alleged it was because Spenser’s son had called them in, which Spenser replied was ‘a base lye’. Baker also claimed that Spenser had cheated the parish of Boughton, Kent, of £5 through his assessment for ship money. Spenser challenged whether Baker was a gentleman which necessitated an investigation by Sir William Le Neve, Clarenceux King of Arms. On 30 November 1637, Le Neve found that Baker was a gentleman entitled to bear the arms Or a Greyhound courant in fess between two Bars Sable which had been confirmed to his uncle George Baker, gent, and his grandfather Christopher Baker, gent, by Robert Cooke, Clarenceux, in 1573. Thereupon the suit proceeded with a fresh libel from Baker on 28 April 1638 claiming that Spenser had said ‘I was no gentleman, and aske Baker when you see him what his 4 armes or gentery cost him.’ In the meantime, Spenser had procured a remarkable petition signed by sixty eight of the villagers of Boughton-under-Blean which declared that Baker was a yeoman ‘of small estate and no inheritance’, who was ‘no way agreeable to the degree of a gentleman’. It also claimed that Baker had shown little hospitality to the poor, had sat in church as a yeoman and that many other yeomen were preferred before him and taxed at higher rates. A witness on Spenser’s behalf also testified that the extra £5 on ship money had been levied at the request of Mr Place, the minister, to repair a parish house, and had been paid back when Baker and others had complained to the sheriff about it. Nevertheless, it appears that Baker won the cause. Spenser subsequently petitioned Lord Maltravers for his release from the messenger’s custody, saying that he was now ‘hartelie sorry’ for his ‘provoking words’, and that he was ‘willing to perform any submission’ required. Documents Initial proceedings Affidavit: EM57 (11 Aug 1637) Affidavit: EM60 (30 Oct 1637) Petition to Arundel: R.19, fo. 135 (21 Nov 1637) King of Arms Report: R.19, fo. 136 (30 Nov 1637) Affidavit: EM62 (1 Dec 1637) Plaintiff’s bond: 7/105 (no date) Libel: 20/2b (28 Apr 1638) Defendant’s case Defence affidavit: EM61 (23 Nov 1637) Adam Spenser’s sworn statement of expenses: EM63 (2 Dec 1637) Certificate of Spenser’s good behaviour: EM68 (6 Feb 1638) Defence affidavit: EM69 (7 Feb 1638) Note of charges: EM70 (16 Feb 1638) Submission Defendant’s petition to Maltravers: EM71 (no date) Notes Initial proceedings EM57, Affidavit John Bathurst of Goudhurst, co. Kent, gent On 28 July 1637 he was talking to Adam Spenser and heard Spencer call William Baker, ‘knave and idle base fellow and that he scorned William Baker should be his fellow.’ Spenser added in Bathurst’s presence ‘that William Baker was a lyinge base fellow, and that he went to the assizes and tooke a false oath, which he would prove.’ Taken before La: Lovelace, 11 August 1637. 5 EM60, Affidavit Matthew Price of Boughton-under-Blean, co. Kent, pointmaker, aged 67 On 28 July 1637, as he was coming towards the door of Adam Spenser, Spenser and Baker ‘were att very hott words’. He heard Spenser call Baker ‘idle base fellow and say to him: ‘thou didst forsweare thy selfe att the assizes.’ Taken before La: Lovelace, 30 October 1637. Signed by Matthew Price [his mark]. R.19, fo. 135, Petition to Arundel ‘Your petitioner having some occasion of conference with Adam Spencer of Boughton under the Bleane in the county of Kent on or about the 28th day of July last Adam did in most base and opprobrious termes abuse your petitioner calling him lying base fellow with divers other abusive words tending to his reproach as by the two affidavits hereunto annexed appeareth. May it therefore please your lordship the premises considered to grant your lordship’s warrant to your petitioner to convent Adam Spencer before your lordship and there to answer the former objections and your petitioner in duty as ever bound shall pray andc. Arundel house November 21. 1637. This complaint being this day brought before me it was alleged on the defendant’s behalfe that the plaintiff is noe gent and soe not capable of redresse here. I doe therefore desire Sir William Le Neve Clarenceux king of Armes to examine that point and certifie the trueth thereof unto me between this and Saturday next.’ Signed by Lord Maltravers. R.19, fo. 136, King of Arms’ Report ‘In observance of your lordship’s commands and reference *hereunto annexed* touching the gentry of one William Baker, I doe certifie that upon examination of the premises I fynde that Robert Cooke, esq, Clarencieux King of Armes did make a declaracon (dated the xth day of May Ao dni 1573) under his hand and Seale of Office that George Baker of London, gentleman, sonne of Christopher Baker of Tenterden, sonne of John Baker of the same place, sonne of Symon Baker of Faversham in the county of Kent, gentleman, was a bearer of tokens of honour. And that Clarencieux being requested to set forth and allow unto him his ancient Armes with such difference in bearing as was proper to be worne by his posterity, did thereupon confirme and allowe unto the aforesaid George Baker these Armes, vizt. Or: a Greyhound Currant in ffece between two Barrs Sables, to have and to hould unto George Baker and to his posterity, and to all the posterity of Christopher Baker, father of George with their due differences, as more at large appeareth by the same. And further there hath beene proofe made unto me by severall affidavits that the petitioner William Baker was the sonne of William Baker of Kingsdown in the County of Kent who was the brother of George Baker and sonne of Christopher Baker aforementioned. All which I humbly submit unto your lordships wisdome and judgement.’ 6 Dated 30 November 1637 Signed by William Le Neve, Clarencieux ‘This is a true Copy of the above written Certificate signed by my master examined by me Edw: Whitley’. EM62, Affidavit John Bragg of Ashstead, co Surrey At the request of Baker, Bragg rode to Spenser’s house to speak with him concerning the supposed trespass committed against Spenser by Baker’s cows. Although he ‘moved the matter in a friendly manner unto him on the behalf of William Baker, Adam Spenser used very ill terms and words of discredit against William Baker, vizt. calling him base idle fellow and lying knave or to that effect.’ No provocation had been offered but rather ‘persuasions of peace and reconciliation’, from which Bragg ‘found Adam Spenser to be very averse and contrarily deposed.’ Taken before John Mychell, 1 December 1637 7/105, Plaintiff’s bond No date. Bound to duly prosecute his suit in the court in the painted chamber, in the Palace of Westminster. Signed by William Baker. Sealed, subscribed and delivered in the presence of Humphrey Terrick. 20/2b, Libel 1. Baker’s family had been ancient gentry for up to 200 years. After Sir William Le Neve had certified that Baker was a gentleman born of a gentry family, Spenser said to several worthy gentlemen of Baker ‘that I was no gentleman and aske Baker when you see him what his armes or gentery [sic] cost him’. Dated 28 April 1638. Signed by Arthur Duck and William Lewin. Defendant’s case EM61, Defence affidavits All taken before La: Lovelace, 23 November 1637.
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