319 Hungerford v Ponting

319 HUNGERFORD V PONTING

Anthony Hungerford of Great Somerford, co. Wiltshire, gent v Richard Ponting of Malmesbury, co. Wiltshire

May 1636 - May 1637

Abstract

Hungerford complained that Ponting had said to him, 'Sirra, you are a base fellow, you are a base gentleman'. Ponting, a parish constable, explained that he had been provoked by Hungerford when he took him into custody after Hungerford had abused Ambrose Parris, J.P. and alderman of Malmesbury, 'turning his hatt about his head, and saying, Sirra Ambrose, fill me a pott of ale.' Hungerford struck Ponting on the face, provoking him to say 'that he was a base gentleman to abuse him being the king's officer'. Ponting gave his bond to answer the charge in May 1636 and Dr Duck was busy attempting to prove the libel in January and February 1637; however, it appears that Ponting secured the victory as the schedule submitted by his counsel, Dr Eden, was taxed at £8, and paid in Easter term, 1637.

Initial proceedings

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

'Hungerford and his ancestors for above 300 yeares past is and have bin gentlemen, and c. Pontyn said of Hungerford, Sirra, you are a base fellow, you are a base gentleman, or to the like effect, thereby to provoke and c.'

No date, 1636.

No signature.

R.19, fo. 10r, Personal answer

Ponting maintained that Hungerford was a gentleman by birth, but a single man who at the time in the libel had 'noe certaine place of habitacon', and that Hungerford had been brought before Ambrose Parris, alderman of Malmesbury and JP, 'for many outrages committed by him', where he 'behaved himself very insolently towards the justice, turning his hatt about his head, and saying, Sirra, Ambrose fill me a pott of ale'. Ponting was the constable called to take Hungerford into custody, and Hungerford 'struck him on the face and drew blood' whereupon Ponting said 'that he was a base gentleman to abuse him being the king's officer'. Otherwise, Ponting denied the libel to be true, and prayed to be dismissed with his charges.

Second session, Easter term, 1636.

No signature.

Summary of proceedings

Dr Duck acted as counsel for Hungerford and Dr Eden for Ponting. Ponting gave his bond to answer the charge in May 1636 which he did soon after in June. Dr Duck was busy attempting to prove the libel in January and February 1637, but it appears that Ponting secured the victory as the porrected schedule of his counsel, Dr Eden, was taxed at £8, and paid in Easter term, 1637.

Notes

This Anthony Hungerford was probably the second son of Sir Anthony Hungerford (d.1627), by his second wife, Sara, widow of William Wiseman of co. Berkshire. Educated at Oxford and the Middle Temple, he was probably the Anthony Hungerford (c.1608-1657) who was M.P. for Malmesbury in the Long Parliament who compounded for delinquency in 1646. An Anthony Hungerford, esq, was appointed to the commission of the peace for Oxfordshire in June 1639.

G. D. Squibb (ed.), Wiltshire Visitation Pedigrees, 1623 (Publications of the Harleian Society, 105 and 106, 1954), p. 93; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), p. 225; J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-40 (List and Index Society, special series, 34, 2004), part 1, p. 76.

Documents

• Initial proceedings
  • Summary of libel: R.19, fo. 7r (1636)
  • Personal answer: R.19, fo. 10r (Eas 1636)
• Proceedings
  • Undated proceedings: College of Arms MS. 'Court of Chivalry' (act book, 1636-8) [pressmark R.R. 68C] (hereafter 68C), fos. 64r-67r (c. Apr 1636)
  • Proceedings before Arundel: 68C, fos. 89r-100r (May 1636)
  • Proceedings before Maltravers: 68C, fos. 74r-83v (7 May 1636)
  • Proceedings before Marten: 68C, fos. 84r-88v (9 May 1636)
  • Proceedings: 68C, fo. 102r (30 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)

People mentioned in the case

• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hungerford, Anthony, gent
• Hungerford, Anthony, knight
• Hungerford, Sara
• Marten, Henry, knight
• Parris, Ambrose
• Ponting, Richard (also Pantin, Paynting)
• Wiseman, Sara
• Wiseman, William

Places mentioned in the case

• London
  • Middle Temple
• Oxfordshire
  • Oxford
• Wiltshire
  • Malmesbury
  • Great Somerford

Topics of the case

• assault
• calling sirrah
• constable
• defendant's victory
• denial of gentility
• denial of hat dignity
• justice of the peace
• Long Parliament
• member of parliament
• office-holding
• royalist
• University of Oxford