Extract from:
D. R. Squibb’s Reports of heraldic cases in the Court of Chivalry (1623-1732), 1956
see also http://www.heraldica.org/topics/britain/squibb.htm
STEPKIN v. DOBBINS
[Cur. Mil. II, 150-169; Cur. Mil., Boxes 7/24; 13/2y; R. 19, f. 174]
This was a cause of office, promoted by John Stepkin of Stepney, co. Middlesex, gent., against Daniel Dobbins of the City of London, for writing himself "Esquire" and assuming a coat of arms.
Dr. Duck for the Promovent.
Dr. Tooker for the Defendant.
The defence alleged the Defendant to be a freeman of the City of London
and a member of the Turkey, East India, and Muscovy Companies, and of the Haberdashers’ Company. In a feoffment dated 28th October 1618 Guy
Dobbins, the Defendant’s great-great-grandfather, and in a bond dated
4th December 1532 Guy Dobbins, the Defendant’s great-grandfather, were
described as gentlemen. The Defendant’s father was educated in the Uni-
versity of Oxford, and was afterwards taught the law of the land. The
Defendant’s mother was of the families of Scudamore, Croft, Kirle and
Vaughan in the county of Hereford, and the Defendant was lord of some
manors in the county of Worcester. The heralds summoned the Defendant
to the Visitation of the City of London about three years previously.
1638. The following witnesses gave evidence on behalf of the Defendant
at the King’s Head Inn in Newent, co. Gloucester –
1. James Kirle of Walford, co. Hereford, esq.; lived there for 30 years; born at Shopden, co. Hereford; aged 42.
The mother of the Defendant was sister to Robert Kirle, esq., the Deponent’s father. Randall Dobbins, father of the Defendant, was always reputed to be a gentleman.
2. Francis Kirle of Mutch Martle, co, Hereford, esq.; lived there for 36 years; born at Walford; aged 44.
Defendant’s mother was sister to Robert Kirle, esq., who was son of Walter Kirle, esq., who married a daughter of [blank] Warmecombe, esq., and by that match the Defendant’s mother is allied to an ancient family of the houses of Scudamore, Croft and Kirle. Defendant’s mother and Deponent’s father are brothers’ children.
The grand jurors at the Assizes have been styled and called gentlemen,
3. Thomas Goode of Redmarley Dabitott, co. Worcester, esq.; born there; aged 53.
Deponent’s great-grandmother was named Dobbins and of kin to Randall Dobbins, the Defendant’s father.
4. Henry Hyett of St. John’s Bedwardyne, co. Worcester, gent.; lived there for 12 years; born at New Place in Rodley in the Forest of Dean; aged 42.
Deponent has in his custody a bond
Deponent also has in his custody a release dated 17 Aug., 4 Edw. VI, by which Richard Brayne of Little Deane, co. Gloucester, esq., and others released land in Dymock to John Dobbins, then of Dymock, gent. Deponent also has in his custody eight counterparts of leases (one dated 20 July 4 Edw. VI, five dated 12 Eliz. I, and two dated 19 Eliz. I) wherein Giles Dobbins, son of the said John Dobbins, was mentioned to be a gentleman.
Deponent also has in his custody the inquisition post mortem of John Dobbins son of the said Giles.
Defendant has land and living in Worcestershire to the annual value of £320.
Deponent is of kin to the Defendant.
Deponent was taxed in the last subsidy and for ship-money.
5. Elias Arche of Kidderminster, co. Worcester, clothier; born there; aged 60.
Defendant is lord of part of the manor of Kidderminster by purchase.
7. Walter Kirle of Dymock, co. Gloucester, gent., lived there all his life; born at Shobdon, co. Hereford; aged 39.
Defendant’s mother was descended from the families of Abrahall and Kirle by the father’s side, and of kin to the families of Lord Scudamore, Harley, Croft, Blunt and Burrowe, all descended from sisters and coheirs of [blank] Warnecombe, esq.
Deponent is cousin-german to the Defendant.
8. John Hyett of Newent, co. Gloucester, gent.; lived there for three months; born at the New Place of Rodley in the Forest of Dean; aged 72.
Deponent is allied to the Defendant by marriage, "but in what in degree he doth not nowe well remember."
9. Arnold Collwall of the City of Gloucester, notary public; lived there
for 55 years; born at Newent; aged 76.
Deponent is of kin to the Defendant.
10. Philip Dobbins of Newent, gent.; born there; aged 48.
Deponent has seen a deed dated 1 & 2 Ph. & M., in which Alexander Dobbins, a younger brother of the family, was styled gentleman, and also a deed dated at Newent on feast of St. Lawrence 23 Hen. VI, in which Guy Dobbins of Compton in Newent, an ancestor of the Defendant, is mentioned.
Randall Dobbins was bred in the University of Oxford.
Deponent is brother of the Defendant.
11. Thomas Dabitott of Redmarley Dabitott, co. Worcester, gent.; born there; aged 66.
Deponent has in his custody a deed dated 11 Hen. IV, in which one of the family of the Defendant’s predecessors, then living at Dobbins’ Place in Pauntley, co. Gloucester, was named gentleman. Deponent’s grandmother was a Dobbins.
12. Randall Dobbins of Newent, gent.; born there; aged 80.
Deponent was a student in St. Mary Hall, Oxford, above 60 years ago, and is Defendant’s father.
Deponent’s wife’s mother was descended from [blank] Warmecombe in co. Hereford, esq., on the father’s side, and from the Bromwiches on the mother’s side.
Deponent’s wife’s grandmother was descended from the Abrahalls and Rudhalls on the father’s side.
Alexander Dobbins was Deponent’s grandfather’s youngest brother.
Deponent’s great-grandfather was Guy Dobbins. Deponent’s wife is a Kirle by the father’s side, and cousin-german.to the Baronet Kirle now living in co. Hereford. Defendant was never a haberdasher, but only a merchant in London.
13. Edward Hooke of Pauntley, co. Gloucester, gent.; born there; aged 59.
Deponent and Defendant call cousins.
14. John Barker of Kidderminster, miller; lived there for one year; born at Bedwardyne, co. Worcester; aged 30.
12th February 1637/8. Dr. Tooker exhibited certain bonds in which the Defendant was described as merchant and as citizen and haberdasher of London.
9th May 1638. The Earl Marshal ordered the Kings of Arms to certify their opinion of the evidences, instruments and exhibits, and also of an escutcheon of arms exhibited on the part of the Defendant, and whether the arms belonged to the Defendant by hereditary right, and by what right the Defendant assumed the name of "Esquire."
1st June 1638. Garter, Clarenceux and Norroy Kings of Arms certified that they did not find by anything produced before them that the Defendant was, or any of his ancestors had been, gentlemen of coat armour, but found that his grandfather and some other of his name inhabiting about the place where his father then dwelt were written gentlemen in divers evidences. They did not find the escutcheon of arms produced in Court to belong to the Defendant or his ancestors, nor that the Defendant had any right to call himself "Esquire."
By the definitive sentence it was declared that the Defendant and his ancestors were plebians and not gentlemen, and had no right to assume or bear arms, and that the Defendant had assumed arms and the titles of "gentleman" and "esquire." The Defendant was ordered to make submission, to enter into a bond for his good behaviour, to pay a fine of £20 and £20 costs.
The Defendant petitioned the Earl Marshal, alleging that the Plaintiff, " whose malice hath not end or lymitt," required him to perform the sentence in the most ignominious and disgraceful manner at the open sessions at Worcester, and to confess himself and his ancestors to be plebians and not gentlemen. The Defendant further alleged that the heralds had never denied that he and his ancestors were gentlemen, and prayed for the execution of the sentence to be suspended until he made it appear to the Earl Marshal that he was a gentleman of ancient descent, and that the deeds and writings which he had produced to prove his descent and birth might be returned to him.