155 De La Haye v Lydsey

155 DE LA HAYE V LYDSEY

Katherine De La Haye, wife of Captain John De La Haye of Kingston-upon-Thames, co. Surrey v Richard Lydsey, the younger, of the same, maltman

March - April 1638

Abstract

Katherine and her husband Captain John De La Haye complained that she had been insulted by Lydsey in the Bittams orchard, at Kingston-upon-Thames, Surrey, on 19 June 1637 after she had sent a bitch to drive out Lydsey's hogs. They alleged that Lydsey had called her a 'dirty slutt, stinking drab, and idle huswife' and thrown a hoe at Katherine and her child. He also bade her 'kisse his arse, and kisse his hoggs arse'. Captain De La Haye spent £6 on the case and witness statements were taken on his behalf in March and April 1638. The verdict is uncertain, but Lydsey ended up imprisoned in the King's Bench for his scandalous words.

Initial proceedings

EM105, Petition

Petitioned that she went 'to an orchard called the Bittams, and finding there hogs (unlawed), set a bitch to hunt them out. Whereupon one Richard Lydsey the younger, a maltman at Kingston-upon-Thames, having in his hand a sharp and dangerous weapon called a hough threwe, the same with great violence so neere to the petitioner that it dasht upp the gravel in her face, and very narrowlie missed her. And did also revile and call the petitioner, Dirty slutt, stinking drab, and idle huswife. And she answering and saying, Am I such a one?, he replied, Yea, what art thou else?, with other uncivil and reproachfull tearmes (as by several affidavits annexed may appeare), whereby your petitioner extremely suffers in her reputacon.'

Petitioned that Lydsey should be brought before Arundel and Maltravers to answer for his misdemeanours.

EM106, Plaintiff's affidavit

Taken before John Page on 1 March 1638.

(Witnesses 1), Katherine De La Haye of Kingston-upon-Thames, co. Surrey

To the libel:

On 19 June 1637 'Katherine De La Haye going to an orchard called the Bittams, and finding there hoggs (unlawed), did sett a speade bitch to hunt them out; whereupon one Richard Lydsey the younger, a maltman of Kingston, being in a ground near the orchard, and having in his hand a sharp and dangerous weapon called a hough (wherewith they use to hough up carrotts), Lydsey with great violence threw the hough, out of his hand, which fell so near to Katherine that it dasht the gravel up in her face, and but a verie little missed to hit her and her child. And she speaking to Lydsey and saying, that it was God's mercy he did not hit her, Lydsey presently fell a railing at Katherine, and called her durty slutt, stinking drab, and idle huswife. And she asking whether she were such a person or no, he answered, I, what art thou els? And she bidding the other deponent James Blisse, rehearsing the words before him, he was so far from denying or recalling any of the abusive words, that he added unto them,

EM107, Plaintiff's affidavit

Taken before Ro. Riche on 19 March 1638

(Witness 2), Susan, wife of Thomas Lovejoy of Kingston-upon-Thames, co. Surrey, labourer

To the libel:

Living near the orchard, she heard a noise and went to investigate, whereupon she witnessed that Lydsey held a Hough and railed at Mrs De La Haye, calling her 'durty slutt and idle huswife... and bade her kisse his arse and kisse his hoggs arse many times.'

EM108, Plaintiff's affidavit

Taken before Ro. Riche on 18 April 1638.

(Witnesses 3 and 4), Susan Lovejoy and James Blisse, both of Kingston-upon-Thames, co. Surrey

To the libel:

'Susan Lovejoy wife to Thomas Lovejoy and James Blisse, both of Kingston-upon-Thames in the countie of Surrey, do make oath that from the place where [they] first sawe and heard Richard Lydsey the younger to stand railing on, and revileing Mrs Delahay, unto the place where Richard Lydsey his mother stood (being measured by a land measurers chayne) was found to be tenn rodd and upwards; and from the place where Richard Lydsey then stood, to the place where his father stood was sixteene rodd by measure (Mrs Delahay going home towards her house where she lives, and Richard Lydsey abusing her as she went). And when they were come where Lydsey's mother stood, Lydsey's mother spake these words to her son saying come lett her alone, she is well enough knowne what she is; and then bade her grandchild to bidd Mrs Delahay to kisse the hogg's arse.'

Sentence / Arbitration

EM109, Plaintiff's bill of costs

'A note of the charges expended by me Captaine John de la Hay in and about the suit late depending before the right honourable the Earle Marshall and the Lord Maltravers against Richard Lydsey the younger.'

'For the warrant against Lydsey, and for expences, in coming and attending at London my selfe, my wife, and my witnesses often times; for drawing the peticon and affidavits in this cause, and for keeping one of my witnesses here these 6 weekes and upwards only upon this occasion (whoe otherwise would have bene gone home to his father's house in Northamptonshire) and many other expences in this cause, the same being protracted by the defendant, upon pretence that he had witnesses to disprove me. vi^li

Which I humbly submit and leave to their lordshipps honourable considerations'.

No date.

Signed by John De La Haye.

Submission

EM110, Defendant's petition

Richard Lydsey, a prisoner in the King's Bench, petitioned for pardon for his rash and unadvised words to Katherine, wife of Captain De La Haye. He petitioned for release as he had a suit pending in the Chancery Court against William Syres and others 'and by his restraint may sustain much loss and prejudice in his trade and suite.'

Signed by Richard Lydsey.

Notes

The De La Hayes do not appear in the Surrey Visitations of 1623 or 1662-8: W. B. Bannerman (ed.), The Visitations of the County of Surrey, 1530, 1572 and 1623 (Publications of the Harleian Society, 43, 1899); G. J. Armytage (ed.), A Visitation of the County of Surrey, 1662-8 (Publications of the Harleian Society, 60, 1910).

Documents

• Initial proceedings
  • Petition: EM105 (no date)
  • Affidavit: EM106 (1 Mar 1638)
  • Affidavit: EM107 (19 Mar 1638)
  • Affidavit: EM108 (18 Apr 1638)
• Sentence / Arbitration
  • Plaintiff's bill of costs: EM109 (no date)
  • Defendant's petition: EM110 (no date)

People mentioned in the case

• Blisse, James
• De La Haye, John, captain (also Delahay)
• De La Haye, Katherine (also Delahay)
• Lovejoy, Susan
• Lovejoy, Thomas, labourer
• Lydsey, Richard the younger, maltman
• Page, John
• Riche, Robert
• Syres, William

Places mentioned in the case

• Surrey
  • Kingston-upon-Thames

Topics of the case

• assault
• Court of Chancery
• imprisonment
• insult to a woman
• military officer
• other courts
• scatological insult
• sexual insult
• weapon