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156 De La Ware v Crutchman alias West

The Court of Chivalry 1634-1640.

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156 DE LA WARE V CRUTCHMAN ALIAS WEST

Isabel West, widow of Henry, Baron De La Ware v George Crutchman, alias West of Basingstoke, co. Hampshire

February 1635 - November 1637

Figure 156:

The family tree of George Crutchman, alias West, illustrating his claim to be related to Thomas West, Lord De La Ware. This document was produced as an exhibit in the Court of Chivalry (By permission of the Chapter of the College of Arms)

Abstract

This was described by John Rushworth as the most notable case concerning descent of arms to come before the court during the late 1630s. Lady De La Ware complained that George Crutchman, alias West, of Basingstoke had usurped the surname and arms of her young son, Charles, Lord De La Ware, a ward to the crown. She claimed Crutchman was using the arms of Argent a Fess indented Sable and for difference a Mullett charged with a Crescent theron another Crescent and the crest of Issuant from a Ducal Coronet Or a Griffin's Head Azure beaker Or on his walls, windows, rings and seals. This followed an earlier occasion (c.1632) in which Lady De La Ware and George Baynard of Basingstoke, gent, had petitioned against West in the Court of Chivalry, causing him to present his pedigree and procure a certificate from Sir William Segar, then Garter King of Arms, supporting his claim that he was descended from Leonard West, eldest son of Thomas West, Lord de La Ware, during the reign of Henry VIII. Lady de la Ware was concerned to disprove this claim as if her son died without issue George West might lay claim to the De La Ware title.

Proceedings commenced on 18 April 1635. The depositions of Lady De La Ware's witnesses do not survive, but it is apparent that they were taken at the Bell Inn, in Basingstoke sometime in the summer of 1635. The testimony of West's seven initial witnesses was taken on 14 and 15 January 1636 at the George Inn in Basingstoke. In February Dr Eden presented a series of exceptions against Lady De La Ware's witnesses which led to second round of twenty five defence depositions, taken at the George before John Atfield, clerk, on 29 March 1636. On both occasions the deponents consisted of the substantial tradesmen and townsmen of Basingstoke, including Robert Hart, Joseph Collier, John Morley and John Hunt, gents, and Ambrose Webb, the local minister. They told a very different story, of a malicious prosecution engineered by Baynard, described as the most litigious man in Basingstoke, and of West and his father as well established local gentlemen and pillars of the community. The depositions offer valuable insights into the way in which status was measured and upward mobility achieved in a small town setting. John West, George's grandfather, was reputedly a former wrestler known as 'Jack of the West' (which local report suggested was the origin of the name change from Crutchman) who had made his fortune as an innkeeper in the town. His son, William West, was a woollen draper, who leased a range of properties, including the rectory, tithes and parsonage of Basingstoke and twice served as bailiff of the town. According to the depositions William and his father were reputed 'men of the best rancke and qualitie in the towne', and William was always known as 'Mr West'. His son, George, the defendant, was reportedly sent to the Inns of Court, took over his father's leases, was a subsidy assessor and treasurer for maimed soldiers in the county, and was generally 'esteemed a gentleman'.

These witnesses also testified that Baynard, again a bailiff of the town, had long been at odds with George West and was currently involved in suits against him in Star Chamber and the Court of Chancery. Either Baynard, or his wife Tabitha (who was engaged in a quarrel with Mrs West over precedence), had discovered the story about the origins of West's grandfather from an old widow who was then pressurised into testifying on behalf of Lady De La Ware in the summer of 1635. It was also Baynard who had informed against West at the Hampshire Visitation of 1634, following which John Phillpott, Somerset Herald, obliged West to disclaim at the Hampshire assizes on 26 February 1635. West's witnesses also exposed Henry Ludlow, gent, another principal witness for the plaintiff, as a man who intimidated and suborned witnesses, notably in an earlier Court of Chivalry case against Robert Hellyar when he had tried to blackmail Richard Portsmouth and Edward Wirdnam, gent, into deposing on his behalf [see cause 391]. Ludlow was alleged to have a vested interest in seeing West exposed because he stood to inherit some of the De La Ware estate if the young heir died without issue. A further witness for the plaintiff, Robert Walker, parish clerk for Basingstoke, was alleged to have falsified the parish register to draw attention to West's change of name from Crutchman.

In spite of these revelations, the Court of Chivalry found decisively against West. No details of sentence survive among the court records; but, according to the court reporter's account published by Rushworth, West was given an enormous fine of £500 and ordered 'to be degraded and never write himself gentleman any more'.

Initial proceedings

19/7n, Record of disclaimer

At the Hampshire assizes and gaol delivery, Winchester castle, on 26 February 1635:

'It is published and declared at this Assizes in open Court by Mr Somerset, one of the Heralds at Armes that George Crutchman alias West of Basingstoke in this county (who assumed the armes of the Lord de la Ware) is noe gentleman or esquire and that he wrongfully hath assumed those armes not being of the blood of that house.'

Signed by Simon Spatchurst, clerk of the assizes.

18/1e, Defence exhibit

'Certificate of the vicar and churchwardens of Basingstoke in favour of Mr George West. We the vicar and churchwardens of Basingstoke in the county of Southampton doe at the request of George West of Basingstoke aforesaid certifie as followeth:

we find out church books, vizt. of baptismes, accompts, marriages and burials divers persons at least fifty several times entered by the name of West without alias. And we doe finde but one only name entered in our booke of baptismes by the name of John West alias Crouchman, vicar and churchwardens of Basingstoke, fil. John bap. Ult. Martii 1553, which entry being (as we are informed and do verily believe) taken out of an old churchbook with the interlineations of (West alias) in these words following:

Johannes *Weste alias* Croucheman, fil Joannis ultimo die martii pap.

And we find that the interlineations of (West alias) is not written by the same inke that Johannes Crouchman fil Joannis and c is written with, as may plainly appear by the old register booke.

Secondly we did not find in any of our church books of baptismes, accompts, marriages or burials any other person written by the name of Croucheman or West as Crowchman or Crowcheman alias West'.

Signed by Ambrose Webbe, vicar, and by the churchwardens John Morley, Richard Bearly, John Hunt, William Clough.

Dated 20 March 1635.

Squibb, Reports of Heraldic Cases , p. 12, Affidavit for plaintiff

16 April 1635. Affidavit of George Baynard of Basingstoke, gent, aged 70.

All the family of Crutchman in the pedigree below have lived in Basingstoke, and none of them had any means to sustain themselves but by working or charitable relief, except George, now farmer of the parsonage.

George is the only one of the family to have claimed kindred with Lord De La Warre and to have assumed his arms.

It appears from the church books of Basingstoke that they were formerly called Cruchman alias West.

The deponent has seen a writing signed and sealed by George's father, in which he is named Cruchman, alias West, woollen draper.

George and his agents have given out in Basingstoke that he will prefer a bill in the Star Chamber against all who have had any hand in the alteration of his name since he was declared at Winchester by Somerset to be no gentleman.

George has also given out that he has been in London and compounded with the Lord Marshall at a high rate that he might still be accounted a gentleman.

'John Cruchman, alias Jacke of the West, had three sonnes, vizt.

John, whoe had 3 sonnes {1. John who had 4 sonnes {1.John

{2. Richard

{3. Thomas

{4. Anthonye

{2. William, dead without yssue

{3. Francis whoe had Thomas

2. William whoe had 2 sonnes {1. William whoe had 4 sonnes{1. John

{2. William

{3. Leonard

{4. George

{2. George, the nowe farmer of the parsonage

3. Robert, whoe hath noe yssue and beggs about the towne.

9/4/68, Instruction to commence proceedings

'My Lady De La Ware desires you to move my Lo Marshall that George Crutchman, alias West, of Basingstoke who hath usurped the armes of the Lord De La Ware, now ward to his Majestie, and doth use them in his windowes and seales, may be summoned to renounce all bearing of them, he being none of the family.'

Note that Dr Ducke to initiate proceedings.

18 April 1635.

R.19, fo. 13r, Articles

'The Earle Marshall (att the instance and promotion of the right honourable the Lady de la Warr, widow, and c for herselfe and Charles, Baron de la Warr her sonne) exhibits articles against George Crutchman alias West of Basingstoke in the County of Southampton for using the name of West and coate of armes belonging to the family of the lords de la Warr and c, not having right and c.'

1635

No signature.

Plaintiff's case

9/4/18, Defence interrogatories

1. To be asked of Henry Ludlow whether he 'did not marry with one of the daughters of Thomas late Lord De La Ware deceased and Anne the daughter of Sir Francis Knowles wife to the Lord Thomas, and whether Henry hath not issue both male and female now living by his wife'?

2. To be asked of Henry Ludlow whether the issue 'be not the next heire or nearest in blood and consanguinityie to Charles, now Lord De La Ware excepting, John West, sonne of Lord Thomas, and John's issue if he have any, and whether John West and his issue, if he have any, be not now in Virginia and soe commonly accompted to be.'

3. To be asked of Henry Ludlow and George Baynard whether George 'did not petition to Henry Ludlowe or complaine to him against George West for usinge the armes of the Lord De La Ware; and howe longe agoe was this peticon or complaint made, and what answere did Mr Ludlowe make unto it; did he not say thus, or to this effect, viz. That George Baynard was a foole or a knave, or a madd man and did not Mr Ludlowe protest or seriously say that neither he, nor his, should ever meddle therewith, and if any of the children should meddle with it he would be offended with them'?

4. To any witness whether 'Henry Ludlowe and his children, all or some one of them, have often, both before the petition or complaint menconed in the former interrogatory and since it called George West cosen before divers persons of creditt'?

5. To be asked of George Baynard whether 'there be not at this present a suite or cause in the Star Chamber dependinge betweene George West and George Baynard and whither the suite or cause were not begun longe before this easter terme'?

Signed by Thomas Eden.

Endorsed 'Interr Geo West introduct 5 May 1635'

9/1g, Exhibited document

Deed whereby William Crutchman alias West of Basingstoke, woollen draper has released and quitclaimed to John Grene, woollen draper of Basingstoke all manner of actions which he may have against Grene, signed William West 2 May 24 Eliz. Exhibited in Court of Chivalry 31 October 1635

Defendant's case

Acta (5), fo. 343, Letters commissory for the defence

Addressed to commissioners Henry Sands, esq, Edward Pit, esq, John Atfield, clerk, Edward Alcorne, clerk, and also, Thomas Willis, esq, Thomas Brocas, esq, William Wither, gent and George Wither, gent, to meet from 14 to 16 January 1635/6 in the George Inn, Basingstoke, co. Hampshire.

Gilbert Dethick assigned Humphrey Terrick as notary public.

Dated 12 November 1635

Signed Gilbert Dethick.

Acta (5), fo. 342, Defence

This referred in articles 5 and 6 to the report of the King of Arms.

8. That George West was an officer in the service of the king: 'seizor of divers subsidues, collector for the subsidies, treasurer for the maimed souldiers...'.

Signed by Thomas Eden.

[Overleaf] Dated 12 November 1635.

R.19, fo. 11r, Note of defence

'George West by way of defence and Justification setts forth his genealogie in a scheme annexed to his answer, together with a certificate of William Segar Garter principall King of Armes. And the depositions of witnesses and c.'

1635

No signature.

Acta (5), fo.339, Exhibit: West manuscript family tree and pedigree

Names and dates of baptisms, marriages, burials, office-holding, tracing back to Thomas West, Lord de la War, the claimed grandfather of John West of Basingstoke, churchwarden in 1557 and 1571, buried there 1599. John West's son, William West was also a churchwarden there and was buried in 1611. His son, George West was baptized at Basingstoke.

Photograph

Acta (5), fo. 340, Report of the King of Arms

The defence further alleged that in the time of Sir William Segar, Garter King of Arms (1604-1633), Baynard and Lady De La Ware caused proceedings to be commenced against West in the Court of Chivalry. Sir William Segar, at West's request, issued the following certificate.

'This Coate Armour with these severall differences as they are heare depicted belonges to George West of Basingstoke in the County of Southampton, who was the second sonne of William West the second sonne of John West of Basingstoke aforesaid, which John was the eldest sonne livinge that had issue of Leonard West and Barbara his wife, the daughter of Sir William Gascoigne of Gwalthrope [Gawthorpe] in the county of Yorke, knt, which Leonard West was the third sonne of Thomas West, Lord de La Ware, and Elenor his second wife daughter of Sir Roger Copley of Surrey knight who lived in the time of King Henry the eight testified under my hand and seale of my office'.

No date.

Signed by William Segar 'Garter Principall King of Armes.'

Acta (5), fo. 336, Defence exhibit

Deed of 1609 produced as material for the defence on 28 November 1635

Bargain and sale made betweene William Wackefield of Basingstoke in the countie of Southampton, mercer, and Elizabeth his wife, and William West of Basingstoke, gent, for term of the times of William Wackefield and Elizabeth,'of a messuage and certain lands at Basing in the county aforesaid*' on payment to West of £79-6s-6d on 16 January next, and £40-17s-0d on 17 July 1609, at the house of William West, in Basingstoke.

'whereof William West hath hereunto set his hand and seale' on 1 July 1609.

[Overleaf]

'Sealed and delivered unto Nicholas Libard by the within named William West as a perfect scrowle or remembrance of his promise to be performed unto the within named William Wackfield upon the covenants within written to be performed by William Wackefield in the presence of Richard Deane.'

Signed by Edmund Daniell and Thomas ?Risher?

Exhibited on behalf of George West in the cause between Lady de La Ware and George West, on 28 November 1635.

Acta (5), fo. 337, Exhibit

Misellaneous Latin document of legal notes

Dated 28 November 1635

7/46, Note concerning Lady de la Ware

'The Lady de la Ware desires accordinge to the order to have that Church booke brought upp which is kept in the church of Basingstoke wherein John Crutchman alias West being enterlined overhead with other inke and other pen in the booke which was writt foure score and two or three yeares agoe.'

c.1635.

Acta (5), fo. 318, Letters substitutional

(See fos.278b and 334 for almost identical documents)

Latin note in which Dr Duck authorized Anthony Barton, notary public, to act in his place, in representing the plaintiff, Isabel, Lady de la Ware.

Dated 4 January 1635/6.

Signed by Arthur Duck.

Acta (5), fo. 344, Plaintiff's interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witnesses' age, occupation and condition of living during the last seven years? Was the witness a gentleman and what were they taxed in pounds at the last subsidy?

2. Was the witness a household servant or retainer, indebted or dependent upon either party?

3. Was 'William Crutchman late of Basingstoke, woolen draper, deceased, commonly called, among his neighbours and such as well knew him, sometimes William West alias Crutchman, and sometimes William Crutchman alias West; and was not his true name Crutchman, and soe commonly accompted and called? And is George West, alias Crutchman, the sonne of William deceased, and was not William esteemed a tradesman, and noe gentleman'?

4. Was 'William West alias Crutchman, deceased, the sonne of one John West alias Crutchman, and was John a man of very mean quality and condition of life, and called commonly Jacke of the West? Were the children of John and William registered in the register booke of the parish church of Basingstoke, when they were christened, married or buryed by the name of Crutchman and by that name commonly called and knowne'?

5. Were any of John West's ancestors 'inhabitants and dwellers at Basingstoke and whether John, the grandfather of George, was not the first of that kinred that resided att Basingstoke? Was he not a silly and poore youth or young man, and known or called by the name of Crutchman, and John or Jacke of the West when he first came to Basingstoke'? Was he 'not att first a boy and servant in an inne in Basingstoke, of meane and base descent, and not of kinred nor of the name and family of the Lo: de la Ware'?

6. Did 'Leonard West (sonne of Thomas Lord de la Ware in the time of King Henry the eighth) have a sonne, and one only sonne called by the name of John West, which John West had a sonne Richard West who is yet living, and whether Leonard West had another sonne who dyed for many years since without issue, and whether Leonard left any other sonnes or issue, and what were their names?'

7. Was John West, 'sonne of Leonard West, ever an inhabitant and residinge att Basingstoke; and was he imployed in the time of Queene Elizabeth in publique affayres and services of the kingdome in forrayne parts, and afterwards he left his sayd imployments was settled, and resided in Yorkshire, and not att Basingstoke?'

8. Had George Crutchman for up to 7 years borne the arms of the Lord de la Ware, as if they were his own, 'vizt. Argent a fess indented sables distinguished with a Cressant on a Cressant upon a Mullett with a Creast out of a Crowne or a Griphons head Azure Beaked or, distinguished with the same differences that are in the coate and hath he not used or sett, or caused to be used, sett, paynted, or graven the armes on walls, windowes, rings, or other like places; and hath he not styled himself by the name or addition of gentleman'?

Introduced 30 January 1636.

Signed by Arthur Duck.

11/36b, Plaintiff's interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witness's age, occupation and condition of living during the last seven years? Was the witness a gentleman? What had they paid in pounds to the King's last subsidy?

2. Was the witness related to Crutchman alias West, and if so, by what degree? Was the witness a household servant, retainer or indebted to Crutchman alias West

9. 'Whether Henry Ludlowe, George Baynard, Wm Haskard, Joane Warner, Tabitha Baynard, John Mason, Joane Grantham, Joane Shipman, Hulbert Southwood, Robert Walker, Adiele Baynard and Sir Richard Gargrave kt are not persons of good name, fame and reputation, and such who beinge judiciallie sworne will depose the truth, and such who will not be drawne to depose untruely on theire oathes as such witness doth knowe and believe, and soe comonlie accounted, reputed and taken'?

The rest identical to Acta (5), fo. 344.

No date

Signed by Arthur Duck.

Acta (5), fo. 333, Preamble to defence depositions

Taken before commissioner John Atfield, clerk, on 14 January 1636 in the George Inn, Basingstoke, co. Hampshire, with Humphrey Terrick as notary public.

No signature.

Acta (5), fos. 320r-326v, First set of defence depositions

14 January 1636

fos. 320r-v (Witness 1), Edmund Daniel of Basingstoke, co. Hampshire, grocer, lived there for 30 years, born at Sherborne St John, co. Hampshire, aged about 52

To West's defence:

2-3. He knew well William, father of George West, 'and he doth well know Alice the mother of George who is nowe liveinge; and he saith he well knew Robert West unckle to George; and he saith he hath knowne the parties in their tymes neere thirtie yeares; and he saith for all that tyme they were commonly called and knowne by the name of West in the places where they lived, and that he never hearde of any other name given them, especially not the name of Crutchman.'

7. William West, George's father, lived at Basingstoke for 30 years, and he was one of the bailiffs and 'prime men' of the town.

8. George West had been called West for the last ten years 'and by noe other name' to his knowledge.'

'To the allegacon and to the fift and sixt schedules thereto annexed, he saith and deposeth that he verily beleeveth the contents of the schedules to be true and that the premises therein conteyned were soe had and done as therein is expressed, for that he nowe seeth his name subscribed thereto as a witness which he knows to be his own hand writing.'

To the rest he was not examined by consent.

Signed by Edmund Daniell

To De La Ware's interrogatories:

1. 'He referreth himselfe to the preamble of his deposition and saith he is noe gent. but he was taxed in the last subsidie.'

2. Negative.

3. Negative, except that George West was the son of William West late of Basingstoke, a woollen draper by trade.

4-8. Negative.

Signed by Edmund Daniell and commissioner John Atfield.

fos. 321r-v (Witness 2), William Moore of Chineham, co. Hampshire, clothier, lived there for 20 years, born at Basingstoke, co. Hampshire, aged about 60

To West's defence:

2-3. He knew well John West, grandfather of George West, Clare West, wife of the John West, William West, father and Alice West, mother of George. He also knew John West, son to John, Robert West, unckle to George, and 'that all the parties were for all the tyme of his knowledge of them, which is ever since he could remember, called and knowne by the name of West, and by no other name for ought he ever heard to the contrary.'

7. John and William West were of Basingstoke 'ever since he could remember and that they were of the better sorte in that towne and soe reputed.'

8. 'George West hath bene for these tenn yeares commonly called and knowne by the name of West and by noe other name... he hath hearde he hath bene treasurer for maimed souldiers and hath seene a warrant directed to him by order from the justices of the bench to the clarke of the peace to commande him to exequute that place.'

Signed William Moore.

'To the rest of the articles he is not examined by West's consent.

To De La Ware's interrogatories:

1. As witness 1.

2. Negative.

3. Negative, except that George was the son of William West.

4. John West was the father of William West, and 'John was a man of good qualitie, for ought he ever hearde.'

5-8. Negative

Signed by William Moore and commissioner John Atfield.

fos. 321v-322v (Witness 3), William Blunden of Basingstoke, co. Hampshire, yeoman, born there, aged about 70

To West's defence

2-3. He knew George West's grandparents, John and Clare West. He knew their sons

John and William West. He knew George's mother, Alice West 'who is now living'.He knew them 'for all the time of his memorie which is for threescore yeares and he saith they have been for all that tyme, in the places where they have dwelt, bene called and knowne by the surname of West and by none other name until of late yeares he hath heard that their names were Crutchman.'

7. George's father William, and grandfather John 'for all their tyme dwelt at Basingstoke, for ought he ever heard to the contrary; and that they were respectively of the better sort of the inhabitants and soe reputed'.

To the rest he is not examined by consent.'

Signed by William Blunden.

To De La Ware's interrogatories:

1. He referred 'to the preamble of his deposition, and saith by trade he is a clothier, a subsidie man taxed in the last subsidie, but he is not gent.'

2. Negative.

3. Negative, except George was the son of William West, late of Basingstoke, a tradesman.

4. 'William West was the son of John West and that he hath heard some speaking of him terme him Jack or John of the West.'

5. 'John was the first of the kinred of George that resided at Basingstoke.'

6-8. Negative

Signed by William Blundell and commissioner John Atfield.

fos. 322v-323v (Witness 4), Ambrose Webb, vicar of Basingstoke, co. Hampshire, lived there for 42 years, born at Avening, co. Gloucester, aged about 76

To West's defence:

2-3. He knew well George West's grandparents John and Clare West, and their sons John and William. William was father to George and Robert his uncle. He knew George's mother Alice West 'who is yet living'. He had known them for 42 years and for that time were always called West and by no other name. He had prosecuted lawsuits against John and William West in which they only answered to the name of West. He kept the church book of Basingstoke in which the burials of John and William West were entered as West with no other addition. All the children of the family were christened with the surname West, with no other addition.

7. John and William West lived in Basingstoke for 42 years and they were 'persons of the better rancke and qualitie and soe reputed'. George's father, William West was bailiff of Basingstoke.

8. George West had been called such 'for these tenn yeares last and by none other name', and had lately been a churchwarden in Basingstoke.

To the rest he was not examined by West's consent.

Signed by Ambrose Webb.

To De La Ware's interrogatories:

1. 'He referreth himselfe to the preamble of his deposition and saith he was taxed in the last subsidie.'

2. Negative.

3. As witness 1.

4. William West was the son of John West, *'saving he hath seene an old register booke, wherein is entered John the sonne of John West alias Crutchman; and theis words, West alias Crutchman, enterlyned with a different incke of the same book being transcribed therein.'* This insertion was signed by John Atfield.

5. John West the elder was the first of that kindred to dwell at Basingstoke.

6-7. Negative

8. He had seen arms in the window of George West's house 'which he hath heard were armes of the honorable the Lord de la War.'

Signed by Ambrose Webb and commissioner John Atfield.

fos. 324r-325r (Witness 5), Andrew Butler of Basingstoke, co. Hampshire, woollen draper, lived there for 52 years, born at Alton, co. Hampshire, aged about 66

To West's defence:

2-3. He well knew George's grandparents John and Clare West, John West his uncle, William West his father, and Alice West his mother. He knew Joane West, after married to one Madgwicke, daughter of John the elder. He also knew 'John West, William West, Francis West, Alice West and Clare West, children of John the younger; and he also did and doth know William West, John West and George West, partie in this cause, Clare, Alice West and Margaret West, children of William West who was son to John the elder; and he also knew Robert West one of the sonnes of John the elder who had issue John West'. He had known them all for 52 years and all were called West without any other addition. He had also seen many writings from about 60 years ago 'of a purchase made by John West the elder of landes and houses in Basingstoake, in which writings John West the elder is written by the name of West, without any other surname.'

7. 'He referreth himself to his former deposicon'. John and his son William West dwelt and were of Basingstoke and 'were men of better rancke in the towne and soe reputed and that they were bayliffes'.

8. George West 'hath been called and known by the sirname of George West and by no other name for these tenn yeares. And that he hath been a seizor of subsedies and collector for the subsidies within that tyme.'

Signed by Andrew Butler

'To the allegacon in an acte of court made, and the third and fourth schedules thereto annexed, he saith and deposeth that all and singular the contents of the schedules were and are true, and that they were soe had and done as therein is conteyned, and that theis words William West subscribed to the third schedule and theis words William West subscribed to the fourth schedule were soe written and subscribed, and are the proper hande writinge of William West therein named, which said William West was the father of the partie in this suite. The premises he knoweth to be true because he seeth his name set therefore which he knoweth to be his owne hand writinge.'

To the rest he was not examined by West's consent.

Signed by Andrew Butler.

To De La Ware's interrogatories:

1. As witness 1.

2. He was George West's uncle.

3. As witness 1.

4-7. Negative.

8. Negative 'saving that George hath stiled himselfe by the name or addition of gentleman.'

Signed by Andrew Butler and commissioner John Atfield.

15 January 1636

fos. 325r-326r (Witness 6), John Butler the elder of Alton, co. Hampshire, yeoman, born there, aged about 75

To West's defence:

2-3. He knew well George West's grandparents, father, mother and uncle. He had heard reported that Joane West was the eldest child of John West the elder. He had known them all for 60 years and that they were and are called by the surname of West with no other surname, 'until of late'.

7. Ever since he knew John West and his son William lived at Basingstoke and died there. 'They were men of the best rancke and qualitie in the towne, and that he knew William West, father of George, when he was bailiff for the towne.'

To the rest he is not examined by George West's consent.

Signed by John Butler.

To De La Ware's interrogatories:

1. As witness 1.

2. He was uncle to George West.

3. George's father was a woollen draper and called 'Mr William West.'

4. Negative.

5. John West, grandfather to George, was the first of that kindred to dwell at Basingstoke.

6-8. Negative.

Signed by John Butler and commissioner John Atfield.

fos. 326r-v (Witness 7), Robert Hart of Basing, co. Hampshire, gent, lived there for 37 years, born at East Portlemouth, co. Devon, had known George West for 12 years, aged about 57

To West's defence:

2-3. He knew George's father, William West for about 35 years, and 'he did after wards know him till his death, and he saith he had issue... he knoweth Alice West who is now living the mother of George, all which persons have been respectively called and knowne by the sirname of West in their tymes for all the tyme he hath knowne them, and by noe other sirname... And he hath seene divers writings wherein there was written and set downe the name of William West without any addicon of other sirnames.'

7. He knew William West for about 15 years before his death, and for that time William dwelled at Basingstoke, 'and that he was a man of the better qualitie in that place and he saith he knewe him to be bailiffe in the Towne twice in that tyme.'

Signed by Robert Harte.

To De La Ware's interrogatories:

1. His father was a minister. He was no subsidy man but a servant to John, Marquis of Winchester.

2. He thought he was allied by marriage to George West.

3. Negative, except George West was the son of William West, late of Basingstoke, 'and he was esteemed a gentleman.'

4-7. Negative.

8. 'He hath very latelie heard that George West hath borne the armes of the Lord de la War.'

Signed by Robert Harte and the commissioners Tho. Willys and John Atfield.

Acta (5), fo. 327, Notary public's certificate

Certificate in Latin signed by Hum. Terrick, notary public that the above examinations had been completed and were now being returned.

No date.

Notary's mark.

18/1d, Defence exhibit [damaged]

1. 'We find entered in the book of accounts of the church of Basingstoke... John West (without alias) in the year of our lord 1553 by the then churchwardens placed... church, which John West as we are credibly informed and doe verily believe was the grandfather...'

2. 'We also find entered in the register book of baptisms that John West had issue Joane... baptised by the name of Joane, daughter of John West (without alias) which Joane (as we are credibly... verily believe) was the eldest daughter of the John West.'

3. 'We also find entered in the book of accounts that John West by the name of John West (without... yeare 1557, and again in the year 1571, and also in the year 1584, elected one of the churchwardens of Basingstoke, which John West as we are credibly informed and do verily believe was John West grandfather of George West.'

4. 'We also find entered in the registry book of baptisms that John West had issue John who in the year 1560 was baptised by the name of John, so of John West (without alias), which John West the son as we are credibly informed and do verily believe was the eldest son of John West.'

5. 'It is evident that John West the grandfather of George West had issue, William his second son, father of George West, and it is supposed that William West was baptised in the church... where his grandmother dwelt.'

6. 'We also find entered in the register book of baptisms that John West had issue Robert who... was baptised by the name of Robert, son of John West (without alias), which Robert as we are credibly informed... verily believe was the third son of the first named John West.'

7. 'We also find entered in the register book of marriages that John West junior (without alias) was mar... day of January 1583, which John West as we are credibly informed and do verily believe was the eldest son of John West the grandfather of George West.'

8. 'We also find entered in the book of Accompts that John West (without alias) was in the year... churchwardens placed in a seate in the church where now the bayliffe of Basingstoke doe... as we are credibly informed and do verely believe, was the grandfather of George...'

9. 'We also find entered in the register book of baptisms that John West had issue... William and Francis who were all baptised by their several names the children of John West... was the son of John West, grandfather of George West.'

10.'We also find entered in the book of accounts that John West the younger... were at several times elected churchwardens of the parish of Basingstoke which John... informed and do verily believe were the sonnes of John West grandfather...'

11. 'We also find entered in the register book of burials that John West (without alias)... Basingstoke, which John West was the grandfather of George West... verily believe the same John West was buried in the chapel called the...'

12. 'We also find entered in the register book of marriages that... on the ninth day of July 1604, which Alice West was the daughter of the... of John West grandfather of George West.'

13. 'We also find entered in the register book of baptisms that... William, George, Alice and Margaret who were all baptised by their... West (without alias) which William West was the father of George West...'

14. 'We also find entered in the register book of marriages that... on the third day of February 1606 which Clare West was the daughter of the...'

15. 'We also find entered in the register book of burials that Clare... of January 1611, which Clare was the...'

16. 'We also find entered in the same... of July 1611, which William West was...'

Dated 29 October 1635 but exhibited on behalf of John West on 30 January 1635/6.

Submitted by the churchwardens of Basingstoke.

19/1b, Exceptions to the plaintiff's witnesses

2. Henry Ludlow 'was and is a very contentious man in the place where he hath and doth live, and one that hath endeavoured to suborne witnesses in his owne cause, and for a contentious troublesome man for all the time hath been and is commonlie accompted, reputed and taken.'

3. Henry Ludlow was related to Lady de la Warr, having married Lettice, second daughter of Sir Thomas West, knight, Lord de la Warr, with whom he had many sons and daughters still alive. During his examination he testified he did not know that Leonard West, third son of Thomas de la Warr had had any children that were living. He said that 'in case the certificate of Mr West from Sir William Seagar exhibited in court be justified, Mr West was the next heir to the baronie of the lords de la Warr in case the now de la Warr died without issue, and that in case the certificate was frustrated, and that the Mr West were not allowed to be of that family, that then in case the now Lo de la Warr died without issue he or his did or might hope for a good part of the land of Lo de la Warr'.

4. For years before this suit began, Henry Ludlow had often acknowledged Mr West to be his kinsman, and called him cousin, as had Ludlow's wife and children 'signifying thereby that Mr West descended from the familie of the Lo de la Warr'.

5. George Baynard 'another pretensed witness', 'is a very troublesome contentious person, a raiser of many suites and contentions amongst his neighbours and that hath sought to suborn witnesses against the defendant in this and other causes, a capital and malicious enemy of George West and for such a one commonly accompted, reputed and taken'.

6. There were currently one or more suits depending between Mr West and George Baynard, and that Baynard had solicited this cause against Mr West 'and brought money to counsaile or give instructions or directions for the framing of the libel and allegacon given in this cause against Mr West, and hath prosecuted this cause as his owne.'

7. Baynard 'hath openly professed himself to be an enemy' of Mr West, and he had several times said 'he would undoe Mr West or make him wearie of the towne of Basingstoke'; and Baynard 'hath upon his oath in his owne cause denied that which hath been apparentlie proved against him by witnesses produced on his owne parte.'

8. Another witness, Tabitha, wife of George Baynard was 'a capital enemie' of Mr West, 'and one that hath been a great stirrer up and maintainer of suits and controversies between Mr West and George Baynard, and one that hath hunted after records and found out somewhat that might make against Mr West in this cause; and, before her examination and since this cause began, hath boasted that she had found out that which had been concealed these 80 years, or words to that effect, meaning the name of Crutchman alias West by her deposed in her deposition in this cause.'

9. Another witness, Adiell, the only son of George Baynard, lived with and depended upon his father, was commonly used as a witness in suits by his father, whom he dared not displease.

10. The witnesses, Joane Warner, Joane Grantham and Joane Shipman, were 'poor ignorant people', who upon their examinations 'knew not what they did', and since their examinations had confessed 'that they did not swear that which was set downe for their depositions in this cause, and are so ignorant that they knew not what they did when they were sworne in this cause'. Grantham and Shipman were so poor that they lived by alms. One or more of them had confessed that before they were examined they were 'laboured by George Baynard and Tabitha his wife or one of them to be witnesses', and instructed by them what to say before their examinations.

11. Another witness, John Mason, was commonly accounted 'a capital enemy' of Mr West, and had suits depending against him.

12. No credit was to be given to the depositions of Hullbert Southwood, as he was a promoter of the cause and had given bond to prosecute it, 'and hath with money, and instructions and directions prosecuted and defended this cause as his owne, and is servant to the now lady de la Warr, and soe hath been of long time.'

13. Robert Walker depended upon the allowance of Basingstoke 'and is a man very ready for money or reward to depose an untruth upon his oath in the Arches court of Canterbury for George Baynard, and one that for divers years last past, and at this present is clerk of Basingstoke aforesaid, and had the custody of the booke of xpnings deposed of in this cause wherein Crutchman is interlined with the name of West with another hand and inke.'

14. Another pretended witness, Sir Richard Gargrave, knight, was 'a poor neadie gent, and one that maie be drawne to depose an untruth for reward; and before he was examined in this cause against Mr West sent him Mr West word that it was in his power to do him a good turne or an ill turne, and that if he would come unto him he should know more, for said he, my godsonne, meaning Richard West, hath displeased me, and in truth Richard Gargrave would have been a witness for Mr West, and not against him.'

15. Another pretended witness, William Halkard, 'is a man decayed in his estate, and came but lately to live at Basingstoke aforesaid, and the better to purchase the love and favour of, and some other of the burgesses of the towne, the enemies of Mr West, hath been very forward and readie to dispose against Mr West in this cause and against others in other causes voluntarily without any summons or process served.'

Signed by Thomas Eden.

Dated 20 February 1635/6

Introduced 11 May 1636

2 Latin slips in early 16th-century hand appended.

19/1a, Letters commissory for the defence

Addressed to commissioners Henry Sands, esq, Edward Pitt, esq, John Atfield, clerk, and Edward Abhorne, clerk, also Thomas Willis, esq, Thomas Brocas, esq, William Wither, gent and George Wither, gent, to meet from 29 to 31 March 1636 at the George Inn, Basingstoke,

Gilbert Dethick assigned Humphrey Terrick as notary public.

Dated 1 March 1635/6.

Signed by Gilbert Dethick, registrar.

11/36a, Letters substitutional

Dr Arthur Duck, the advocate for Lady de la Ware granted permission for Thomas Burbanck, notary public, to act for him and interrogate the defence witnesses in the proceedings before the local commissioners.

Dated 15 March 1635/6

Signed by Arthur Duck.

11/36c, Second set of defence depositions

Taken before commissioner John Atfield on 29 March 1636.

(Witness 1), Anthony Spittle of Basingstoke, co. Hampshire, innkeeper, born at Apethorpe, co. Northampton, had known West for 30 years, aged 46

To West's defence:

5-6. He had known George Baynard for 15 years and knew him to be 'a contentius quarreling man', who was constantly engaged in lawsuits. He knew Baynard had failed in his cause against Mr Webb, vicar of Basingstoke, and against a Mr Hellow, clerk, and Mr George West, in which causes he 'hath knowne him cast and faile.' About 6 or 7 years ago in Basingstoke, he had heard Baynard say that he would make George West 'a poore tithe gatherer', and 'for that he goeth to suits in law' against George West.

7. He had heard that Baynard had searched the Basingstoke church book and that Thomas Burbank, a sergeant of Basingstoke, brought in the interrogatories of this cause and confessed before the commissioners that Baynard had employed him 'to put his name in the deputacon and to give in the interrogatories.'

8. Mrs Baynard 'hath been and is a contentious quarrelling woman, and one that hath sett her maide to sue [Spittle] for a battery'. Mr and Mrs Baynard came to be witnesses against him at the last assizes at Winchester, where, when they had taken their oaths, Baron Denham, the judge, refused to admit them to be witnesses 'for that they were parties, and the maide was cast.'

9. 'Adyell [sic] Baynard hath been and is natural and lawfull son of George Baynard and that he saith his dependence from him, and that he hath been and is constantly used by his father for a witness in suits, and, of [Spittle's] knowledge, Adyell hath deposed at the sises at Winchester aforesaid on the behalf of the servant maide to George Baynard that which was false and against the truth for that he swore that the maide had lost the use of one of her armes, and was not able to worke and to doe the <business> *work* she had done in former times, when in truth [he] and others know the contrary.'

To De La Ware's interrogatories:

1. Spittle 'hath been and is a subsidie man.'

3. For the past 38 years, George West and his predecessors were always called West, and William West was twice bailiff of Basingstoke and always called Mr West.

9. 'He knoweth not of what report they are or what they may sweare.'

Signed by Anthony Spittle and the commissioner John Atfield.

(Witness 2), Dorothy Bourne of Basingstoke, co. Hampshire, spinster, born there, aged 28

To West's defence:

5. He had known Mr Baynard for over 12 years, in which time Baynard had gone to law with his neighbours several times, and 'been troublesome and contentious'. Baynard went to law with her father about 7 years ago, who said before he died that Baynard broke his cart and 'brought in his man to forsweare himself in that cause.' She believed Baynard was an enemy of George West because of the lawsuit between them.

6. Mr Baynard and George West 'have been at law a great while.'

10. She had known the 3 women as long as she could remember. Joane Warner was an old woman about 96 years old, and 'a very weak woman in her understanding'. Joane Grantham was 'an old poor almes woman and blind, and about 81 yeeres old, and very weak in her body'. Joane Shipman was a 'poore old almes woman about or nere 80 yeres old'. On the day of her examination, widow Warner came to her house and told her that she had been at the Bell 'and that she did not sweare that Mr West's father was ever called by the name of West'. She had often spoken to widow Warner at other times, and questioned whether she had always said that 'Mr West and his predecessors were always called by the name of West and that they lived in good fashion'.The other two women 'have been and are poore almes women'. The day that widow Warner was examined she told Bourne 'that she was sent for to goe [to] the Bell and that when she came thether she asked who sent for her and Mrs Baynard tould her she did not know, and then Mrs Baynard tould her if she did she should be fetched or the like.'

To De La Ware's interrogatories:

3. She had never heard George West or any of his predecessors called Crutchman, except since this suit began.

Signed by Dorothea Bourne [her mark] and commissioner John Atfield.

(Witness 3), John Ilsley of Basingstoke, co. Hampshire, shoemaker, born at Kingsclere, co. Hampshire, lived at Basingstoke for 40 years, aged 65

To West's defence:

5-7. He had known Mr Baynard for 24 years and that Baynard had caused more lawsuits in that time than any other man in Basingstoke, and that 'he hath not been out of suits these 10 yeeres last'. Baynard brought in a witness in a cause against Ilsley at the Lent Assizes at Winchester, two years ago. The witness was Peter Lampett, Baynard's servant, who did forsweare himselfe'. Baynard had been George West's enemy for 10 years 'for that there have been suits between them *and now there is a suite between them in the Star Chamber*', and Ilsley had heard Baynard 'speake hardly' of West. He believed Mr Baynard 'was the first beginner and stirrer up of this suite' against George West 'because he is a malitious stirrer up of suites against others, and an enemy against him, and hath given an ill report of him'. Also about 5 or 6 years ago, Baynard said 'he had overcome 2 of his enemies and he hoped he should overcome the third', meaning George West.

8. Mrs Baynard was an enemy to George West and had stirred up her husband to instigate this suit.

9. 'Adyell Baynard is son of Mr and Mrs Baynard, and liveth with him, and hath his dependence of him.'

10. The three women were 'old weake woemen; and Goodwife Warner is a widow and about 80 yeeres old, and the other 2 have bene and are 2 poore almes weomen and about 80 yeeres a peece.'

13. 'Waker is parish clarke of the towne and hath his living by the allowance of the towne, and hath been clarke there for 40 yeeres, and hath had the keeping of the book for divers yeeres.'

To De La Ware's interrogatories:

1. He was a subsidy man 'heretofore but not in the last.'

3. 'He never knew any Mr Crouchman living in the parish'. George West and his predecessors were always called West. George was son of William West, who was a woolen draper and 'esteemed one of the principall men in the towne and so was his father afore him.'

4. 'William was son of John West and that John had borne all *the principale* offices in the towne.'

8. He had seen arms in the house, and George West was called and styled a gentleman. He knew many of the witnesses and, 'excepting Mr Baynard and his son, he knoweth nothing to the contrary, but that they will sweare a truth, and are honest people and so accompted.'

Signed by John Ilsley and commissioner John Atfield.

(Witness 4), Joseph May of Basingstoke, co. Hampshire, shoemaker, lived there for 28 years, aged about 47

To West's defence:

5-7. Mr Baynard was reputed an enemy to George West. May had heard Baynard call West '*prowde* fellow' and say that West 'hath been a meanes to make the towne spend a great deale of money'. May also heard Baynard say that there had been lawsuits between him and West over 'tith fetches.'

9. 'Adyell Baynard is son of Mr Baynard and liveth with him.'

10. He knew the three women, and that 'goodwife Warner is about 70 yeeres old, and the other 2 have been and are poore almes women, and about 70 or 80 yeeres.'

13. 'Walker is parish Clarke of the towne and so hath all the time [May] lived there save that about 3 yeares past John Ilsley, his then fellow churchwarden, said to Waker it was ill done of him to depose *upon his oath* that Mr Webb vicar of Basingstoke married Mr Collier and his wife when that another minister married them; and he replyed that he was very sorry that he should so mistake.'

To De La Ware's interrogatories:

1. He was no subsidy man.

3. George West and his predecessors were always called West 'till now of late'. George's father, William, was 'sometimes a wollen draper and that he was called by the name of Mr West.'

5. John West, George's grandfather was the first of that name to live in the town.

9. He believed the parties mentioned would not be drawn to forswear themselves.

Signed by Joseph May and commissioner John Atfield.

(Witness 5), Christopher May of Worting, co. Hampshire, husbandman, aged about 35

To West's defence:

3. George West and his father were always called West and 'he never heard to the contrary but since his suite began'. William West was always 'esteemed a gent and called Mr West.'

4. He had heard that William West was the son of John West.

8. George West 'hath been usually called Mr West.'

9. He knew many of the witnesses, 'yet he knoweth not whether they will forsweare themselves or noe, nor how they are accompted with others.'

Signed by Christopher May and commissioner John Atfield.

(Witness 6), Ralph Hellyar of Tadley, co. Hampshire, tallow chandler, had lived there for 40 years, had known West for 2 years, aged about 47

To West's defence:

2. He had known Henry Ludlow for 30 years, in which time Ludlow was 'a contentious man given to suits in lawe'. Ludlow had endeavoured to suborn witnesses in his cause against [Hellyar], including Richard Portsmouth of Silchester, co. Hampshire, blacksmith, and Edward Wirdnam of Silchester, gent, offering them money to swear against Hellyar in the Court of Honor, about one year and three quarters since, but they refused. Henry Ludlow also kept 'that which hath been and is due to poore men and from them and that 40 of them have been forced to complaine of him to the sessions, and to the Counsail table, *within these 4 yeeres or thereabouts* and that he hath been so accompted'. In 1606/7 Ludlow was fined £500 for suborning witnesses in a Star Chamber case.

To De La Ware's interrogatories:

1-2. Negative.

3. He never heard George West called by any other name but Mr West.

4. Not required to answer.

5. He knew George West's mother, living in Basingstoke.

6-8. Not required to answer.

9. 'Excepting Henry Ludlow, he believeth in charitie the other witnesses will sweare a truth and that they are honest people for ought he knoweth and so accompted'.

Signed by Ralph Hellyar and commissioner John Atfield.

(Witness 7), Joseph Collier of Basingstoke, co. Hampshire, gent, lived there 11 years, and born at Nunney, co. Somerset, aged about 31

To West's defence:

5-6. He had known Mr Baynard for over 11 years, during which time Baynard had been accounted an enemy of George West, and that there now was a lawsuit depending in Star Chamber between them.

13. Mr Waker had been Basingstoke's parish clerk for over 11 years and was maintained by the parishioners.He had heard that heretofore about 2 years ago Waker was examined in a cause against Mr Webb, vicar of Basingstoke, promoted by Mr Baynard at Winchester, and that Waker testified that Mr Webb married Collier and his late wife in Basingstoke church. This was false for Mr Webb did not marry Collier and his wife but another minister married them, a Mr Hellow. Waker kept an old book of Christenings and that 'West alias' was interlined in that book, 'and with other inck'.

To De La Ware's interrogatories:

3. William West, father of George 'was reported to be a man of good fashion and credit and was reported to be a gent.'

4. John West was father of William who was father of George, 'and that they were alwaies called by the name of West and not otherwise.'

8. He had seen arms set up in George West's house and West styled himself a gentleman.

9. He did not know whether the witnesses would forswear themselves or not.

Signed by Joseph Collier and commissioner John Atfield.

(Witness 8), Agnes, wife of William Spencer of Basingstoke, co. Hampshire, sheerman, aged about 52

To West's defence:

5-7. Her mother is Joane Grantham, 'a poore almes woman and about 81 yeares of age by her owne report, and a blind woman'. Her mother told her that Mr Baynard was with her before she was examined and that Baynard said that 'Mowday, an olde almes man deceased, had told him that the father and grandfather's names' of George West 'was Crouchman, and tould her also that there was a lady would speake with her at the Bell Inn; and that then she replyed, what should she doe with a lady. And Mr Baynard came to her againe and tould her that she must goe to the Bell to the commissioners; and that then she went at his request, and was there examined.' Agnes asked her '*2 or 3 times since* what she did at the Bell and whether she had said that Wests' names were Churchmans [sic]; and she replied thus, or the like, that she was there and that she knew not what she did there, and that she never said that their names were Crouchmans, but that their names were West, and alwaies so called.'

To De La Ware's interrogatories:

3. George was the son of William West, a draper, and 'they were alwaies called by the names of West, and that Wm was called by the name of Mr West.'

Signed by Agnes Spencer [her mark] and commissioner John Atfield.

(Witness 9), Ambrose Webb of Basingstoke, co. Hampshire, vicar, lived there for 42 years and 9 months, born at Avening, co. Gloucester, aged about 77

To West's defence:

5-7. Mr Baynard was 'a contentious person and a raiser of suits and contentions amongst some of his neighbours', and 'was and is a capital enemy' to West, 'for that he hath vilified him'. He heard that Baynard 'with one or 2 others went with the herald to Winchester Assises to have him published not to be West but Crouchman'. Presently there were two suits depending between Baynard and West 'as being one of the corporacon *in the Chancery* and the other in the Star Chamber'.

8. Tabitha Baynard had been an enemy to West for about 9 years. There had been lawsuits between Mr Baynard and West, and West's mother had a lawsuit which Baynard 'withheld 8 yeers or thereabouts'. West followed the suit for his mother and recovered about £40. There was also currently 'a stomack' between Tabitha Baynard and George West's wife because Mrs West would 'not yeeld her precedency because Mrs West is a gentlewoman well descended.'

9. 'Adiell Baynard is son of Mr Baynard, and liveth with him and is mayntayned by him.'

10. The three women were very old, 'Grantham and Shipman are poore almes women and are mainteyned only by the almes house; and for widow Warner she is a very ancient woman and the ancientest in these parts that [Webb] hath heard of.'

11. There was currently a suit in Star Chamber depending between George West and John Mason, who was an enemy of West.

13. In a cause between Mr Baynard and Webb, Waker did take a false oath in swearing that Webb married Mr Collier and a burgess's 'daughter <Anthony> *Andrew* Butlers together'. Webb did not marry them. Waker also swore Webb married Robert White and Widow Lovell. This too was false, and Waker was not at those marriages, and he 'swore falsely and malitiously therein'. He believes Waker will 'be drawne to forsweare himself for Mr Baynard and others and that the booke for christenings hath remayned with him for many yeeres.'

To De La Ware's interrogatories:

9. He believed all witnesses would depose truthfully, except the Baynards and Waker.

Signed by Ambrose Webb and commissioner John Atfield.

(Witness 10), John Morley of Basingstoke, co. Hampshire, gent, lived there for 6 years and before that at Herriard, co. Hampshire for 2 years, born at Tarrington, co. Hereford, aged about 53

To West's defence:

5-7. Mr Baynard was an enemy of George West. A year ago Mr Baynard met a herald in Winchester and when Mr Baynard came home that night he immediately reported around Basingstoke that George West should no more be called West but Crouchman. By this means, West suffered in his reputation. At the speeding of the first commission against West in this cause at the Bell in Basingstoke, Morley saw Baynard go 'in there with old poore widowes that lived in the almes house, vizt Joane Grantham and Joane Shipman, poore old almes women.'

To De La Ware's interrogatories:

4. George's father was William West, and his grandfather was John West.

8. He had seen arms in George West's windows, but did not know whose they were.

9. Except for Mrs Baynard and her son, he knew nothing of the witnesses' reputation or credit 'or what they will depose nor what to beleeve of them.'

Signed by John Morley and commissioner John Atfield.

(Witness 11), Andrew Butler of Basingstoke, co. Hampshire, woollen draper, lived there for 52 years, born at Alton, co. Hampshire, aged 66

To West's defence:

5-6. He knew Mr Baynard since Baynard came to live in Basingstoke, and Baynard 'hath been and is a contentious man and a raiser of many suites in law'. He saw Baynard 'very busy and diligent at the time of speeding the commissions in this cause, and goeing up and downe to and fro, and that Thomas Burbanck, the substitute *in this cause*, reported and said at the time of speeding his commission that Mr Baynard sett him a worke and willed him to write his name in the substitucon, and to give in the inter[rogatory] in [Butler] and many others' presence'. Baynard was 'an absolute enemy' to West, for he had heard 'him raile at' West 'and call him Crouchman, and other termes or the like.'

9. Adiell was Mr Baynard's son, 'and liveth with him and at his charge, and many times used in suits as a witness for his father.'

10. The three women were 'very old women; and widow Grantham and Shipman are poore Almes women.'

11. There was a lawsuit in Star Chamber depending between John Mason and George West.

13. Waker had been parish clerk of Basingstoke for over 40 years, and was paid his wages by the town, 'and that if he had sworn as in this deposition taken by commission in the spiritual court at Winchester, in a cause depending betweene Mr Baynard and Mr Webb there about 2 yeers last *is contained* then he hath sworn an untruth for indeed Mr Webb did not marry Joseph Collier and Avis Butler in the church at Basingstoke, but another minister'. Waker 'had the booke of Christenings in his custody.'

15. ' William Hasker is a man that came but late to the town'.

To De La Ware's interrogatories:

2. This witness was West's mother's brother.

9. He knew neither whether the witnesses would forswear themselves nor what their reputation or honesty was.

Signed by Andrew Butler and commissioner John Atfield.

(Witness 12), John Hunt of Basingstoke, co. Hampshire, gent, lived there for 14 years, born at Woodmancott in the parish of Brown Candover, co. Hampshire, had known West for 17 years, aged about 33

To West's defence:

1, 5-7. He had known Mr Baynard for 12 years, whom he believed was 'a contentious man'.

9. Adiell was the son of Mr Baynard and a witness for him in lawsuits. At Winchester assizes, about 25 February 1635/6, he was produced and sworn a witness in a cause of battery promoted by Olive Rawlins, Mr Baynard's servant, against Anthony Spittle and his wife. Adiell deposed Rawlins had lost the use of her arm and that she would never be fit for service again; yet Hunt heard since that 'she did reap at the last harvest, and doe her worke as well as a woman may doe.'

10. As witness 11.

15. William Hasker had lived in the town for about three years.

To De La Ware's interrogatories:

2. This witness was kin to West's wife, but how near he could not tell.

3. He had heard that George was the son of William West.

9. Many of the witnesses 'he knoweth not; and for those he knoweth he believeth in charitie they will depose a truth upon their oathes.'

Signed by John Hunt and commissioner John Atfield.

31 March 1636

(Witness 13), Richard Brackley of Basingstoke, co. Hampshire, clothier, lived there for 40 years, born at Rumsey, co. Hampshire, had known West for 34 years, aged 44

To West's defence:

1, 5-7. He had known Mr Baynard for 20 years, who was 'a contentious, quarrelling man given to law suites and to trouble his neighbours'. About 4 years ago there was a difference between Brackley and Mr West, and Mr Baynard met him and told him that Mr West did pretend himself to be a gentleman, and to be of the house of the Lord De La Ware, 'and that he would enquire it out whether it were so or not, and if he found it were not so he would take a course *and use the meanes* to have him proclaimed in the open market place that he was noe gent'. To that end Baynard desired Brackley to assist him, and therefore Brackley considered that Baynard was West's great enemy, and 'an instrument in the prosecution of this business'.

8. Tabitha Baynard was West's enemy and had often said to Brackley that West was no gentleman.

9. As witness 9.

10. As witness 11.

13. Waker had been parish clerk of Basingstoke for 40 years and had the keeping of the book of christenings for a long time.

To De La Ware's interrogatories:

3. Ever since he came to Basingstoke he knew George West, and his father and grandfather's name was West. They were always called West 'and he never heard of the name of Crutchman till Mr Baynard tould him of it *about 5 or 6 yeares since*.'

4, 5. George West's father was 'accompted one of the best of Basingstoke, and alwaies called Mr West; and [Brackley] hath likewise heard that his grandfather did beare the chief offices of the towne.'

8. As witness 7.

9. 'He judgeth in charitie that they *the parties here mentioned* will speak the truth upon their oathes.'

Signed by Richard Brackley and commissioner John Atfield.

(Witness 14), Henry Osey of Basingstoke, co. Hampshire, attorney in King's Bench, lived there for 24 years, born at Stalbridge, co. Dorset, had known West for about 24 years, aged about 52

To West's defence:

1, 5-7. He had known Mr Baynard for about 20 years, whom he thought 'to be somewhat troublesome and given to lawsuits'. There was a suit depending in Star Chamber, in which George West was plaintiff and Mr Baynard the defendant, 'and there hath been a suite about tithes between them lately. Before and after the suit in question commenced, Mr Baynard had quarreled with Mr West 'and called him Crouchman divers times, and said he was no gent in [Osey's] presence [and] others, and once he did so about 3 yeers past in the chauncell of the church of Basingstoke and in other places'. Therefore he believed Baynard was West's enemy.

9. Adiell was reputed the son of Mr Baynard.

10. As witness 11.

13. Robert Waker was parish clerk of Basingstoke, 'and hath parte of his maintenance *from the parishioners there*.'

15. William Hasker 'hath come lately to live in Basingstoke.

To De La Ware's interrogatories:

3. George West and his father were always called West, 'and that William the father at [Osey's] first coming to Basingstoke till he died was reputed a gent and alwaies carried himself as a gent, but [he]hath heard before he came to the towne he was a wollen draper.' Recently 'he hath heard Mr Baynard call him Crouchman.'

4. He heard that John West was grandfather to George West.

8. He had seen arms set up in George West's house.

9. 'He knoweth not what they will depose on their oathes, but as he saith he will not judge so uncharitably that they will forsweare themselves, but he beleeves the contrary.'

Signed by Henry Osey and commissioner John Atfield.

(Witness 15), Dugory Thorne of Basingstoke, co. Hampshire, yeoman, lived there for about 19 years, born at Petherwin, co. Devon, had known West for about 18 years, aged about 29

To West's defence:

1, 5-7. He had known Mr Baynard for about 18 years to be 'a contentious man'. There was an action of battery tried at the last assizes held at Winchester a month ago between Olive Rawlins, a servant of Mr Baynard, and Mr Anthony Spittle. There Adiell Baynard testified upon oath that because of Anthony Spittle's beating of Rawlins, she had lost the use of her arm, and that she would never be fit for service again. Since, he had heard that Rawlins had 'reaped corne the last sumer and done her other business *which he knoweth for he was at the assizes*.'

To De La Ware's interrogatories:

3-6. George and his father were called Wests.

9. Apart from the Baynards, the witness were reputed honest persons 'and he believeth they will not forswere themselves.'

Signed by Dugory Thorne and commissioner John Atfield.

(Witness 16), William Thorp of Tadley, co. Hampshire, silk weaver, lived there for 30 years, born at Sherborne St John, co. Hampshire, aged about 58

To West's defence:

2. He had known Henry Ludlow for over 30 years to be 'a man full of law suits and that divers poore people' and this witness 'have complayned against him within these 3 yeeres to the justices at the quarter sessions for their wages and other dewes; and that they could not be received at the sessions and so they were compelled to petition at the counsell table, and that they were much troubled before they could gett their owne.'

To De La Ware's interrogatories:

9. He did not know the parties.

Signed by William Thorp and commissioner John Atfield.

(Witness 17), John Goddard of Tadley, co. Hampshire, clerk, lived there for 14 years, born at Burghulbury alias Bucklebury, co. Berkshire, aged about 62

To West's defence:

2. He had known Henry Ludlow for about 14 years to have had had many lawsuits 'and many poore men had complayned against him at the councell table for dues and [goddard] amongst others; and the councell have referred the businesses to the justices of the Court of Southampton, and they have sett downe their order in it.'

To De La Ware's interrogatories:

9. 'He doth not know these persons here named saving Mr Ludlow, Haskerd, Waker and what they will depose whether truely or untruly.'

Signed by John Goddard and commissioner John Atfield.

(Witness 18), Edward Wirdnam of Silchester, co. Hampshire, gent, lived there and at Stratfield Saye for about 21 years, born at Wantage, co. Berkshire, had known West for 20 years, aged about 66

To West's defence:

1-2. He had known Mr Ludlow for 40 years to be 'a contentious man given to suites in law and that he will not pay poore men their wages'. Within the last three years twenty poor people complained against him 'at the councell table for their wages and debts that were due to them and that they could not get their own without sute'. In Trinity term last year Ludlow sent Phillip Prichard, his servant, to Wirdnam, to have him swear before one of the Masters of the Chancery that Ralph Hilliar had said that Mr Ludlow was a base gentleman; and then Ludlow would give Wirdnam 40s and enter a bond to save him harmless, and be a good friend to him. Prichard then solicited Wirdnam to that purpose, but Wirdnam refused. Mr Ludlow also came to Wirdnam and told him he had sent his man to him and would know whether Wirdnam had done it according to his man's request. But Wirdnam did not swear, which if he had done, he would have had been forsworn. Ludlow also spoke to Richard Portsmouth to do the same and take the same oath, and if he would doe so he promised to pay Portsmouth money, which likewise Portsmouth refused.

1, 5-7. He had known Mr Baynard for over 20 years to be 'a contentious man and given to law suites'. Four years ago Baynard 'did ride up and downe to get witnesses' to sweare against Wirdnam to take away his life. Baynard endeavoured to prove that Wirdnam did fly. Upon the testimony of Sir Henry Wallop at the Winchester Assizes four years ago that Wirdnam did not fly, Wirdnam was freed, 'or else Baynard had by his false oath and by the oathes of false fellowes taken away [Wirdnam's] life.' Upon Mr Baynard's procurement, one Kent of Silchester, about ten years ago, stood out a suit with Mr Dunce, Lord of the Manor; and Mr Baynard got Kent's money 'and suffered Kent to be overthrowne and put in prison, and he would never pay his money againe nor relieve him in prison.'

8. Tabitha Baynard 'hath been a seditious woman amongst her neighbours and a stirrer up of stuffe and contention and so accompted.'

To De La Ware's interrogatories:

1-2. Negative

3-7. George West and his father were always called Mr West.

8. Not required to answer.

Signed by Edward Wirdnam and commissioner John Atfield.

(Witness 19), Richard Portsmouth of Silchester, co. Hampshire, blacksmith, lived there for about 30 years, born at Shinfield, co. Berkshire, aged about 45

To West's defence:

1-2. He had known Mr Ludlow for over 10 years to be 'a contentious man that many of the poore in the countrey, and [Portsmouth] amongst others, were forced about 3 yeeres since to complain at the Councell table against him and that they had a great deal of trouble before they could get their own'.

[Six lines deleted]

On 20 May, one Phillip Prichard, a servant of Mr Ludlow's came to Lambeth to John Wickin's house where Portsmouth lodged, and at 4 a.m. called Portsmouth out of bed and brought with him a waterman. Prichard persuaded Portsmouth to testify for Mr Ludlow. Prichard persuaded Portsmouth to go with him to the Temple, and there to receive his money and charges that Mr Ludlow owed him. Portsmouth went into the Temple and Prichard brought him to Mr John Lanion. Then Lanion and Prichard began to strongly persuade Portsmouth to swear that he heard Ralph Helliar say that Mr Ludlow was a base gentleman, which if Portsmouth would so do, then they promised him his money and his charges. They also took Portsmouth out drinking where they still persuaded him to swear against Helliar, at which house was Mr Ludlow's son, and John Carter, his bailiff, who both pressed him so to do, promising him money and his charges if he would do it. Then at about 8 p.m. Mr Ludlow caused Portsmouth to come to him in the Strand, and there Mr Ludlow said that if Portsmouth would go to one of the Masters of the Chancery, and there take oath against William Thorpe and Ralph Helliar, then Portsmouth would have his money and charges, if he would go home with his man Carter. Mr Ludlow said he would give a bond of £100 to save Portsmouth harmless if he would take that oath.

To De La Ware's interrogatories:

1-2. Negative.

3-9. Not required to answer.

Signed by Richard Portsmouth [his mark] and commissioner John Atfield.

(Witness 20), Joana Butler of Basingstoke, co. Hampshire, spinster, daughter of Henry Butler, born there, had known West for 12 years, aged about 20

To West's defence:

10. The day Joane Warner was examined by commission she came to Henry Butler's shop, where she said that they would have had her swear that George West and his father, and grandfather were called Crouchman. But she refused and said that she never heard them called by any other name but West, which she spoke then and there before Mrs West and Joana Butler and her mother.

To De La Ware's intererogatories:

2. Her father and West's mother were brother and sister.

3-6. She heard George West's father was William West.

Signed by Joane Butler [her mark] and commissioner John Atfield.

(Witness 21), William Clough of Basingstoke, co. Hampshire, linen draper, born there, aged about 30

To West's defence:

1, 5-7. He had known Mr Baynard for about 20 years to be 'a troublesome man', ' contentious and given to law'. There was a Star Chamber lawsuit between West and Baynard. About a year ago Mr Baynard came to him in Basingstoke market place, and asked him what news he had of his cousin. Clough asked Baynard 'what cosen'. Baynard replied 'your cosen West'. Clough told him he heard nothing. Then Baynard said 'wee have proved him an imposter, and that his name was not West but Crouchman, and that he was noe gent., and that his armes should be taken from him'. At the speeding of the first commission in this cause at the Bell Inn, Basingstoke, Clough saw Baynard send for Widow Warner to be a witness, and when she came, Baynard went in with her. Therefore he took Baynard to be an open enemy to West and 'the solliciter of this cause.'

9. As witness 11.

10. As witness 11.

13. Waker had been parish clerk of Basingstoke and had custody of the book for 20 years, as Waker himself confessed.

To De La Ware's interrogatories:

2. His wife was cousin german to George West.

3-6. George West and his father were always called West, 'and that they lived in very good ranck and fashion.

8. He had seen arms in George West's windows.

Signed by William Clough and commissioner John Atfield.

(Witness 22), Francis West of Basingstoke, co. Hampshire, husbandman, born there, had known West for 30 years, aged about 40

To West's defence:

1, 5. About 4 years ago he sued Mr Baynard 'in the spiritual court at Winchester for tithe corne, *vizt. fetches and pease*, that did grow and was cutt in Basingstoke fields, and that then he requested [West] to goe to Winchester and be sworne that he did pace out the tenth or tithe of the corne duly, *and that it was tithed rightly, or the like in effect*. And [West] told him that he could not, for that the corne was alwaies used to be cockt and not paced; and then he said Winchester court was nothing and he would beare him out in it.'

To De La Ware's interrogatories:

2. He was cousin german to George West.

3-7. George West and his father 'and all the generacon were called Wests, and Mr Crouchman and his father was called Mr West.'

9. 'He believeth the others will speake a truth being sworne.'

Signed by Francis West and commissioner John Atfield.

1 April 1636

(Witness 23), Thomas Burges of Heckfield, co. Hampshire, gent, aged about 66 years, lived there for 28 years, born at Reading, co. Berkshire, had known West for 7 years

To West's defence:

1, 5-7. He had known Mr Baynard for about 28 years. About 23 years ago, Mrs Jane Creswell, now wife of John Stamp, gent, was lady of the manor of Heckfield, and sister to Mr Baynard. She then had a warren of conies in the common called Heckfield Heath. Serle and Martin were suspected to have stolen conies, and they fled to Hyde Park, near London, to Robert Box a keeper there. Mr Baynard found them there and got a justice's warrant for them. Then and there, as Box told him, Mr Baynard spoke to Serle and Martin to accuse Burges of being a partaker with them in stealing the conies, or at least an encourager of them, and even offered to release them, and give them rewards if they would accuse Burges. About 21 years ago, one Watmer and his son stole a cony there, and as Watmer's brother told him, Baynard likewise solicited them to accuse Burges.

To De La Ware's interrogatories:

9. He only knew Mr Baynard, his son, Mr Ludlow, and Mr Hasker, 'and he believes in charitie they will speake the truth when they are sworne.'

Signed by Thomas Burges and commissioner John Atfield.

(Witness 24), William Marten of Hartley Wespall, co. Hampshire, shingler, born there, aged about 48

To West's defence:

1, 5, 7. He had known Mr Baynard for about 20 years. About 20 years ago Mrs Creswell, now Mrs Stamp, was lady of a warren in Heckfield. He and a Mr Serle took some of the conies and then he went to live at Hyde Parke near London. Mr Baynard prosecuted him and got a justice's warrant, and brought him before Sir Francis Palmes, a justice. Mr Baynard asked him whether Thomas Burges was with them, or consenting to the taking of the conies. He answered no; and then Mr Baynard offered him and Serle £10 if they would accuse Burges, and told them they would be freed and never troubled about it if they would accuse him.

To De La Ware's interrogatories:

9. 'He knoweth only Mr Ludlow, and Mr Baynard... he beleeveth they will not forsweare themselves.'

Signed by Wm Marten [his mark] and commissioner John Atfield.

(Witness 25), Robert Box of Old Windsor, co. Berkshire, keeper, lived there for 6 years, before that at Yateley, co. Hampshire for 7 years, born at Stratfield Turgis, co. Hampshire, aged about 79

To West's defence:

1, 5-7. He had known Mr Baynard for about 40 years. About 25 years ago Mr Baynard prosecuted William Marten upon suspicion of stealing conies out of Mrs Stamp's warren, who was sister to Mr Baynard. Mr Baynard then got Marten before Sir Walter Cope and Sir Baptist Hicks, justices of the peace. Then and there before them, Mr Baynard accused Marten of stealing conies. Marten then and there said, before them in the presence of Mr Baynard, that Mr Baynard offered to quit him of that business if he would accuse Mr Burges. Then Robert Box said to Mr Baynard that he would have had Mr Marten accuse him of stealing of conies, but Mr Baynard denied it. At Box's suggestion, the justices then examined Marten, and he answered that Mr Baynard did solicit him to accuse Box.

To De La Ware's interrogatories:

9. 'He knoweth Mr Baynard, his wife and son and Hasker.'

Signed by Robert Box [his mark] and commissioner John Atfield.

11/36d, Notary public's certificate

Certificate in Latin signed by Peter Ward, notary public that the above examinations had been completed and were now being returned.

No date.

No notary's mark.

Exhibits

17/2d, Exhibit 1

Bond of William West to pay all rents and duties to Edmund Pope, his executors or administrators according to the indentures he made with him. West was also to keep to all other agreements in the indentures 'for the yielding and peaceable giving up of and leaving of the possession of the rectory, parsonage and tithes of Basingstoke... at the end of the term therein advised'.

Signed by Hugh Hancock, William West, John Petty and Henry ?Praelus?

Dated 15 May 1602.

17/2e, Exhibit 2

'By the hands of Mr Robert Paine, son of Fiston Paine is by the appointment of Mr William West of Basingstoke, for the use of my brother, John Wallis of Basingstoke I

say received the first som of xl li., by me William Wallis'.

Dated 19 July 1606

17/2f, Exhibit 3

'William Avnall of Basingstoke by the appointment of Mr William West, for the use of my brother, John Wallis, the som of twelve pounds I say received by me William Wallis, xii li.'

Dated 6 June 1606

Addressed: 'To his loving brother William Wallis servant to Mr Daniel Alkington at the Wight Hart in St Lawrence Lane, these:'

17/2g, Exhibit 4

'Receaved of Mr William West, one of the baylyves of the borrow of Basingstoke', £25-13s-4d, of money due to the Marquess of Winchester for half a year's rent of the fee farm of Basingstoke, 'ending at the feast of St Myghells last past before the date hereof:'

Signed by ?Fra Humptey?'

Dated 31 October 1605.

17/2h, Exhibit 5

Receipt for payment by William West of 10 shillings for lands in Draighton [Drayton] and Barton Stacey, 29 October 1604

Signed by Henry Audlay, receiver general.

17/2i, Exhibit 6

'Received by me Christopher Rowlles of London, merchant tailor, the viiith daie of June 1604, of George Warner, clothier, for Mr William West of Basingstoke, the som of iii li xxi d; I saie the som of iii li xxi d.'

Signed by Christopher Rowles.

17/2j, Exhibit 7

Receipt of £40 received from 'William West of Basingstoke, gent' for the use of the Marquess of Winchester. Signed by ?Robert Harre?

Dated 7 January 1605.

17/2k, Exhibit 8

Received from Mr William West, farmer, £11-13-04d, due to the Dean and Chapter of the Cathedral church of Winchester for half a year's rent, 'ended at the feast of the annunciation of our lady last past'.

Signed by William Say.

Dated 17 April 1604.

17/2l, Exhibit 9

Received from Mr William West, farmer, £11-13-04, due to the Dean and Chapter of the Cathedral church of Winchester for half a year's rent, 'due at the feast of St Michael the Archangel last past'.

Signed by William Harmar, receiver.

Dated 14 October 1605.

17/2m, Exhibit 10

Received from William West, £11-13s-4d, due to the Dean and Chapter of the Cathedral church of Winchester for half a year's rent, due at last Michaelmas.

Signed by William Harmar, receiver.

Dated 25 October 1603.

17/2n, Exhibit 11

Receipt for rent due from 'William West gent', due at the feast of St Michael the archangel last, £100.

Signed by Jo: Bilson

Dated 14 October 1605.

17/2o, Exhibit 12

Receipt for rent due from 'William West of Basingstoke gent' due upon 20 January next for the parsonage of Basingstoke, £50.

Signed by Jo: Bilson

Dated 7 January 1606.

17/2p, Exhibit 13

Bond that William West would, 'at the request and for the only debt of the above bounden Richard Johnson, standeth bond with Richard Johnson to Robert Lypscom'. This was to pay £10-10s-0d by 11 July next, to Lypscom at the house of Richard Lypscom, yeoman, in Weston Patrick. If this was done then this bond was to be void.

Dated 10 January 6 James I.

Signed by Richard Johnson.

17/2q, Exhibit 14

Memorandum that John Pryce of Kingston-upon-Thames, co. Surrey, yeoman, granted to let to William West of Basingstoke to farm the barn belonging to the parsonage of ?Banbury? in Kingston parish, and the oade mill with the parsonage house which Mr Stile did use. West's workmen, cattle and carriages were to have free passage through Pryce's yards and grounds 'for the making and carrying away of the oade'. West was to hold this estate until the next feast of St John the Baptist for the rent of one penny to be paid on that feast day.

Dated 18 October 1601.

Signed by John Price.

Signed, sealed and delivered in the presence of Edward Fairbank.

17/2r, Exhibit 15

William Blacker of Salisbury, co. Wiltshire, esq, had received of William West of Basingstoke £80.

Dated 26 November 1603.

Signed by William Blacker.

17/2s, Exhibit 16

Bond that stipulated that James Martyn had received £6-13s-4d, part of the £20 left in a bequest by the late vicar of Basingstoke, Thomas Browne, to be lent to people as his will directed. If James Martin, William Hearne and John Hall 'did well and trulie without fraud or deceipt, content and paie, or cause to be trulie contented and paid, to the bailiff, constable and churchwarden or to any of them or to their successors being

bailiff, constable and churchwarden of the town, or any of them,' £6-13-04, 'in and upon the day of election of the bailiff of the town which shalbe' in 1605, 'at or within the place where the new bailiff shall be then chosen without anie further delay. That then this present obligacon to be void and of no effect'.

Dated 30 September 1604

Signed by James Martin, William Hearne and John Hall.

[Seal]

17/2t, Exhibit 17

Bond of William Holte

William Holte had in an indenture assigned all of his interest and title to the rectory of Barton Stacey to William West, with the exception of some of the tithes and profits that there in the hands of Thomas Salmon of Barton Stacey, gent.

Dated 2 August 1603.

Signed by William Holte.

Signed, sealed and delivered in the presence of Robert Bale, John Fabian, Nathaniel Butler and William ?Butchin?

[Seal].

17/2v, Exhibit 18

Damaged bond, that Clare West pay to William Blacker £95 by 6 February 1603/4, at the dwelling house of William Turner, citizen and salter of London, in Bread Street.

Dated 23 July 1603.

Signed by Clare West [her mark] and by William West.

17/2w, Exhibit 19

Bond, that Clare West pay to William Blacker £80 by 6 November 1603, at the dwelling house of William Turner, citizen and salter of London, in Bread Street.

Dated 23 July 1603.

Signed by Clare West [her mark] and by William West.

17/2x, Exhibit 20

Bond, that John Aram and William West pay to Edmund Hunt £100 by 24 June next at his house in Pewter Lane, London.

Dated 11 February 1605.

Signed by John Aram and by William West.

Signed, sealed and delivered in the presence of William Bradbotham and Robert Griffith.

Summary of proceedings

Dr Duck acted as counsel to Lady de la Ware and Dr Eden for West. On 9 May 1635

the time and place for the commission, and the names of the commissioners were to be nominated and Dr Duck was to have the libel for the criminal cause and warn George West to appear. On 30 May 1635 the court was to hear the verdict on the criminal part of the cause and warn the witnesses to submit to examination. In June 1635 West was accused of corruptly falsifying his genealogy, with the involvement of Sir William Segar, Garter King of Arms. That month Lady De La Ware entered bond to prosecute the cause and the commissioners for examining her witnesses were nominated. The testimony of the witnesses on behalf of West was examined in January and February 1637. In April 1637, sentence was appointed to be heard in the first session of the next term.

Notes

For another account of the case, see G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p.12-17.

Henry West, baron De La Ware (1603-1628), was the son of Thomas West, baron De La Ware (1577-1618) and Cecily, daughter of Sir Thomas Shirley of Wiston, co. Sussex. In March 1625, Henry married Isabella (1607-1679), daughter of Sir Thomas Edmunds, Treasurer of the Household.

G.E. Cokayne (ed.), Complete Peerage (London, 1916), vol. 4, p. 161.

On 26 February 1635 at the Hampshire assizes at Winchester castle before the judge John Denham, Somerset Herald published that George Crutchman alias West of Basingstoke had wrongfully assumed the arms of the Lords de la Ware.

J. S. Cockburn (ed.), Western Circuit Assize Orders, 1629-1648 (Camden Society, 4th series, 17, 1976), p. 79.

John Rushworth reported this case as the most notable one dealt with by the court in his Historical Collections :

'The principal case heard, as to descent and coat of arms, was in the case of [West] Lord De La Ware, the proceedings wherein did carry a good reputation of justice with it, in giving relief to that noble family. The case was thus:

There was a person took upon him the name of West, himself being of a far different Name by birth; and assumed not only the name, but the coat of arms of the family of [West] Lord De la Ware; whereas the pretended West had got the name of [West] by his great skill in Wrestling in Lincolns Inn Fields, who went by the name of Jack of the West, but was indeed an hostler. Afterwards he came to be an innkeeper, and got a good estate, and maintained his son at the Inns of Court. But the son was impatient till he did let the world see that he was a person honourably descended, and thereupon did, by virtue of his patent, take place of some of the gentry his neighbours in Hampshire; which did so disoblige them, (they knowing his original) as they acquainted some of the family of the Lord De La Ware therewith,

On the other part it was made out, on the behalf of the Lord De la Ware, that there were such Persons as were named in the patent, and that one of them went beyond seas, who was conceived to be dead, but was now come over, and then present in court. And there it was made out that this West, the hostler, assumed his descent to be from the gentleman that so appeared in court. So upon the whole hearing of the business, the court was fully satisfied of the abuse by West, the hostler, done to the family of West Lord De la Ware, whereupon he was ordered to be degraded, and never to write himself gentleman any more, and to pay 500l. fine. Some other circumstances did attend his degradation, which cannot be called to mind.'

John Rushworth, Historical Collections: the Second Part (London, 1680), pp. 1054-5.

Documents

  • Initial proceedings
    • Record of disclaimer: 19/7n (26 Feb 1635)
    • Defence exhibit: 18/1e (20 Mar 1635)
    • Affidavit for plaintiff: Squibb, Reports of Heraldic Cases , p. 12 (16 April 1635)
    • Instructions to commence proceedings: 9/4/68 (18 Apr 1635)
    • Articles: R.19, fo. 13 (1635)
  • Plaintiff's case
    • Defence interrogatories: 9/4/18 (5 May 1635)
    • Exhibit: 9/1g (31 Oct 1635)
  • Defendant's case
    • Letters commissory for the defence: Acta (5), fo. 343 (12 Nov 1635)
    • Defence: Acta (5), fo. 342 (12 Nov 1635)
    • Note of defence: R.19, fo. 11 (Nov 1635)
    • Exhibit: West family tree and pedigree: Acta (5), fo. 339 (Submitted Nov 1635)
    • King of Arms' Report: Acta (5), fo. 340 (Submitted Nov 1635)
    • Defence exhibit: Acta (5), fo. 336 (28 Nov 1635)
    • Exhibit: Acta (5), fo. 337 (28 Nov 1635)
    • Note: 7/46 (c.1635)
    • Letters substitutional for the plaintiff: Acta (5), fo. 318 (4 Jan 1636)
    • Plaintiff's interrogatories: Acta (5), fo. 344; 11/36b (30 Jan 1636)
    • Latin preamble to defence depositions: Acta (5), fo. 333 (14 Jan 1636)
    • First set of defence depositions: Acta (5), fos. 320-326 (14 and 15 Jan 1636)
    • Notary public's certificate: Acta (5), fo. 327 (no date)
    • Defence exhibit: 18/1d (30 Jan 1636)
    • Exceptions to plaintiff's witnesses: 19/1b (20 Feb 1636)
    • Second set of letters commissory for the defence: 19/1a (1 Mar 1636)
    • Letters substitutional: 11/36a (15 Mar 1636)
    • Second set of defence depositions: 11/36c (Mar 1636)
    • Notary public's certificate: 11/3d (no date)
  • Exhibits
    • Exhibit 1: 17/2d (15 May 1602)
    • Exhibit 2: 17/2e (19 Jul 1606)
    • Exhibit 3: 17/2f (6 Jun 1606)
    • Exhibit 4: 17/2g (31 Oct 1605)
    • Exhibit 5: 17/2h (29 Oct 1604)
    • Exhibit 6: 17/2i (8 Jun 1604)
    • Exhibit 7: 17/2j (7 Jan 1605)
    • Exhibit 8: 17/2k (17 Apr 1604)
    • Exhibit 9: 17/2l (14 Oct 1605)
    • Exhibit 10: 17/2m (25 Oct 1603)
    • Exhibit 11: 17/2n (14 Oct 1605)
    • Exhibit 12: 17/2o (7 Jan 1606)
    • Exhibit 13: 17/2p (10 Jan, 6 James I)
    • Exhibit 14: 17/2q (18 Oct 1601)
    • Exhibit 15: 17/2r (26 Nov 1603)
    • Exhibit 16: 17/2s (30 Sep 1604)
    • Exhibit 17: 17/2t (2 Aug 1603)
    • Exhibit 18: 17/2v (23 Jul 1603)
    • Exhibit 19: 17/2w (23 Jul 1603)
    • Exhibit 20: 17/2x (11 Feb 1605)
  • Proceedings
    • Proceedings: EM348 (9 May 1635)
    • Proceedings: EM349 (30 May 1635)
    • Proceedings before Arundel: 8/24 (9 Jun 1635)
    • Proceedings before Huntingdon: 8/25 (20 Jun 1635)
    • Undated proceedings: R.19, fos.390-399 (c. Jun 1635?)
    • 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 Maltravers: 68C, fos. 74r-83v (7 May 1636)
    • Proceedings before Maltravers: 68C, fos. 112r-121v (Jun 1636)
    • Proceedings: 68C, fos. 105r-110v (8 Nov 1636)
    • Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637)
    • Proceedings: 68C, fos. 23r-36v (11 Feb 1637)
    • Proceedings: 68C, fos. 1r-11r (16 Feb 1637)
    • Proceedings: 68C, fos. 37r-41v (29 Apr 1637)
    • Proceedings before Maltravers: 8/29 (18 Nov 1637)
    • Proceedings: 68C, fos. 70r-73v (c.1636-8)

People mentioned in the case

  • Alcorne, Edward, clerk (also Abhorne)
  • Aram, John
  • Alkington, Daniel, gent
  • Atfield, John, clerk
  • Audlay, Henry, receiver general (also Audley)
  • Avnall, William
  • Bale, Robert
  • Barton, Anthony, notary public
  • Baynard, Adyell (also Adiell)
  • Baynard, George, gent
  • Baynard, Tabitha
  • Bearly, Richard, churchwarden
  • Bilson, Jo.
  • Blacker, William, esq
  • Blunden, William, yeoman
  • Bourne, Dorothy, spinster
  • Box, Robert, gamekeeper
  • Brackley, Richard, clothier
  • Bradbotham, William
  • Brocas, Thomas, esq
  • Burbanck, Thomas, sergeant / notary public (also Burbank)
  • Burges, Thomas, gent
  • Butchin, William
  • Butler, Andrew, woollen draper
  • Butler, Avis
  • Butler, Henry
  • Butler, Joanna, spinster
  • Butler, John the elder, yeoman
  • Butler, Nathaniel
  • Clough, William, linen draper
  • Collier, Avis
  • Collier, Joseph, gent
  • Cope, Walter, knight
  • Copley, Elenor
  • Copley, Roger, knight
  • Creswell, Jane
  • Crutchman, George (also Crouchman, Crowchman alias West)
  • Crutchman, John, alias 'Jack of the West' (also Crouchman, Crowchman alias West)
  • Crutchman, William, woollen draper, gent, churchwarden, bailiff (also Crouchman, Crowchman alias West)
  • Daniel, Edmund, grocer
  • Deane, Richard
  • Denham, John, baron / judge
  • Dethick, Gilbert, registrar
  • Duck, Arthur, lawyer
  • Dunce, Mr
  • Eden, Thomas, lawyer
  • Edmunds, Isabella
  • Edmunds, Thomas, knight
  • Fabian, John
  • Fairbank, Edward
  • Gargrave, Richard, knight
  • Gascoigne, William, knight
  • Goddard, John, clerk
  • Grantham, Joane, widow
  • Grene, John, woollen draper
  • Griffith, Robert
  • Hall, John
  • Hancock, Hugh
  • Harmar, William, receiver
  • Hart, Robert, gent
  • Haskard, William (also Halkard)
  • Hastings, Henry, earl of Huntingdon
  • Hearne, William
  • Helliar, Ralph (also Hilliar)
  • Hellow, Mr, clerk
  • Hellyar, Robert, tallow chandler
  • Hicks, Baptist, knight
  • Holte, William
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Hunt, Edmund
  • Hunt, John, gent
  • Ilsley, John, shoemaker
  • Johnson, Richard
  • Knowles, Anne
  • Knowles, Francis, knight
  • Lanion, John (also Lanyon)
  • Libard, Nicholas
  • Lovell, widow
  • Ludlow, Henry, gent
  • Ludlow, Lettice
  • Lypscom, Richard, yeoman
  • Lypscom, Robert
  • Martin, James (also Marten, Martyn)
  • Marten, William, shingler
  • Mason, John
  • May, Christopher, husbandman
  • May, Joseph, shoemaker
  • Moore, William, clothier
  • Morley, John, gent
  • Osey, Henry, attorney
  • Paine, Fiston
  • Paine, Robert
  • Palmes, Francis, knight
  • Paulet, John, marquess of Winchester
  • Petty, John
  • Phillpott, John, herald
  • Pitt, Edward, esq
  • Pope, Edmund
  • Portsmouth, Richard, blacksmith
  • Prichard, Phillip, servant
  • Pryce, John, yeoman (also Price)
  • Rawlins, Olive, servant
  • Risher, Thomas
  • Rowles, Christopher
  • Rushworth, John, gent
  • Salmon, Thomas, gent
  • Say, William
  • Sands, Henry, esq
  • Segar, William, knight
  • Serle, Mr
  • Shipman, Joane
  • Shirley, Cecily
  • Shirley, Thomas, knight
  • Southwood, Hulbert
  • Spatchurst, Simon, clerk of the assizes
  • Spencer, Agnes
  • Spencer, William, sheerman
  • Spittle, Anthony, innkeeper
  • Spittle, Mrs
  • Stamp, Jane
  • Stamp, John, gent
  • Stile, Mr
  • Terrick, Humphrey, notary public
  • Thorne, Dugory, yeoman
  • Thorp, William, silk weaver (also Thorpe)
  • Tudor, Elizabeth I, Queen
  • Tudor, Henry VIII, King
  • Turner, William, salter
  • Wackefield, Elizabeth (also Wakefield)
  • Wackefield, William, mercer (also Wakefield)
  • Walker, Robert, parish clerk
  • Wallis, John
  • Wallis, William
  • Wallop, Henry, knight
  • Warner, George, clothier
  • Warner, Joane, widow
  • Watmer
  • Webb, Ambrose, vicar (also Webbe)
  • West, Alice
  • West, Anne, lady De La Ware (also De La Warr)
  • West, Barbara
  • West, Cecily, lady De La Ware (also De La Warr)
  • West, Charles, baron De La Ware (also De La Warr)
  • West, Clare
  • West, Elenor, lady De La Ware (also De La Warr)
  • West, Francis
  • West, George (also Crouchman, Crowchman alias West)
  • West, Isabel, lady De La Ware (also De La Warr)
  • West, Joane
  • West, John, alias 'Jack of the West' (also Crouchman, Crowchman alias West)
  • West, Leonard
  • West, Lettice
  • West, Margaret
  • West, Robert
  • West, Roger
  • West, Thomas, baron De La Ware (also De La Warr)
  • West, William, woollen draper, gent, churchwarden, bailiff (also West alias Crutchman)
  • White, Robert
  • Wickin, John
  • Willys, Thomas, esq (also Willis)
  • Wirdnam, Edward, gent
  • Wither, George, gent
  • Wither, William, gent

Places mentioned in the case

  • Berkshire
    • Bucklebury
    • Old Windsor
    • Reading
    • Shinfield
    • Wantage
  • Devon
    • East Portlemouth
  • Dorset
    • Stalbridge
  • Gloucestershire
    • Avening
  • Hampshire
    • Alton
    • Barton Stacey
    • Basing
    • Basingstoke
    • Brown Candover
    • Chineham
    • Drayton
    • Hartley Wespall
    • Heckfield
    • Herriard
    • Kingsclere
    • Portsmouth
    • Rumsey
    • Sherborne St John
    • Silchester
    • Stratfield Saye
    • Stratfield Turgis
    • Tadley
    • Weston Patrick
    • Winchester
    • Woodmancott
    • Worting
    • Yately
  • Herefordshire
    • Tarrington
  • London
    • Bread Street
    • Pewter Lane
  • Middlesex
    • Hyde Park
    • Lincoln's Inn
  • North America
    • Virginia
  • Northamptonshire
    • Apethorpe
  • Somerset
    • Nunney
  • Surrey
    • Kingston-upon-Thames
    • Lambeth
  • Sussex
    • Wiston
  • Wiltshire
    • Salisbury
  • Yorkshire, West Riding
    • Gawthorpe

Topics of the case

  • assault
  • assizes
  • Court of Chancery
  • churchwarden
  • coat of arms
  • denial of gentility
  • false claim to gentility
  • forgery
  • heraldry
  • hunting
  • justice of the peace
  • King of Arms
  • King's Bench
  • livestock
  • market place
  • military officer
  • office-holding
  • other courts
  • perjury
  • quarter sessions
  • self-assumed arms
  • sport
  • Star Chamber
  • wardship