154 Deane v Wade

154 DEANE V WADE

Richard Deane of Newton St Petrock, co. Devon, gent v Henry Wade of Topsham, co. Devon, gent

April 1636 - October 1637

Abstract

Deane complained that Wade had called him 'a base fellow, a false fellow, a scurvy fellow'. Wade, who was represented by his son because he was 86 years old, forced Deane to show a certificate of his gentility from Sir William Le Neve, Clarenceux. Deane won the case and Wade performed a submission on 11 July 1637 at the house of the mayor of Exeter, before the mayor and four justices, where he apologised for his 'rashe and unadvised' speeches, and acknowledged Deane to be 'an honest gentleman'. His submission was certified but further proceedings on 14 October 1637 suggest the certifying of a subsequent agreement.

Initial proceedings

R.19, fo. 7r, Summary of libel

Deane and his ancestors had been gentlemen for up to 200 years. 'Wade (att such a day and place) said that Deane was a base fellow, a false fellow, a scurvy fellow, or to the like effect, thereby to provoke and c.'

1636

No signature.

Submission

15/1v, Certificate of submission

The submission was to be performed between 2 and 4pm on Tuesday 11 July 'standing bareheaded' in the house of the Mayor of Exeter, and before him and four justices of the city.

Deane was to acknowledge his sentence for 'offensive and scandalous words', having 'said that he Richard Deane was a vile fellow, a false fellow, a base fellow'. He was to apologise for his 'rashe and unadvised' speaking, to acknowledge Deane to be 'an honest gentleman', and promise to behave better in future.

Signed by Henry Wade and Arundel and Surrey.

'This submission was read by Mr Henry Wade according to the direction herein at the house of Mr Roger Mallack, maior of the Cittie of Exeter in the cittie, on Tuesday the Eleventh day of July anno dm 1637 in the presence of Roger Mallack maior

I. Jurdain Ald

John Acland Ald

John Hakewill Ald

Francis Crossing Ald'

[Overleaf]

'This submission being performed, Mr Wade must sett his hand to it, and the parties present certifie the performance, and Mr Wade must take care to certifie the court the first of Michalemas terme next'

Signed by Gilbert Dethick, registrar.

[Overleaf] 'This submission is drawn up according to the sentence given in this cause and the order of the court. Signed Gilbert Dethick, 26 May 1637'.

[Overleaf] '14 October 1637'.

Summary of proceedings

Dr Duck acted as counsel for Deane and Dr Eden for Wade. Proceedings began in April 1636 when Wade entered a bond of £100. In May 1636 Dr Duck presented Deane's libel. As Wade was 86 years old, his son Thomas appeared for him. In January 1637, Dr Duck was required to show a certificate from Sir William Le Neve, Clarenceux King of Arms, to prove Deane's gentility. Material for the defence was heard in February 1637 and further proceedings on 14 October 1637 referred to the certifying of an agreement.

Notes

Richard was the son of Roger Dene of Newton St Petrock, and Elizabeth, daughter of John Wood. Richard married Phillippa, daughter of John Hele of Plymouth.

F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872), p. 86.

Documents

• Initial proceedings
  • Summary of libel: R.19, fo. 7 (1636)
• Submission
  • Certificate of submission: 15/1v (11 July 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 Arundel: 68C, fos. 51r-59r (28 Jan 1637)
  • Proceedings: R.19, fos. 381-2 (28 Jan 1637)
  • Proceedings: 68C, fos. 43r-49v (28 Jan? 1637)
  • Proceedings: 68C, fos. 23r-36v (11 Feb 1637)
  • Proceedings: 68C, fos. 14r-20v (16 Feb 1637)
  • Proceedings before Sir Henry Marten: 68C, fos. 11r-12v (24 Feb 1637)
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)

People mentioned in the case

• Acland, John, alderman
• Crossing, Francis, alderman
• Deane, Elizabeth
• Deane, Richard, gent (also Dene)
• Deane, Roger, gent (also Dene)
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Hakewill, John, alderman
• Hele, John
• Hele, Phillippa
• Jurdain, Ignatius, alderman
• Mallack, Roger, mayor
• Marten, Henry, knight
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Le Neve, William, knight
• Wade, Henry, gent
• Wade, Thomas
• Wood, Elizabeth
• Wood, John

Places mentioned in the case

• Devon
  • Exeter
  • Newton St Petrock
  • Topsham
  • Plymouth

Topics of the case

• denial of gentility
• Herald
• King of Arms
• mayor
• office-holding