206 Fillioll v Haskett

206 FILLIOLL V HASKETT

William Fillioll of Knights Street, Marnhull, co. Dorset, esq v William Haskett of Todber, co. Dorset, woollen weaver

November 1637 - February 1639

Abstract

This was a rare instance of the court finding in favour of a plebeian defendant. Fillioll complained that in the highway outside Robert Bullen's shop in Todber, Dorset, on 3 May 1636 Haskett called him 'base fellow, base conditioned fellow' and told him that he fed 'on sheeps henges or gathers; and challenged him to come forth for he dared to fight with him; and was not fearefull or affeard of him'. Fillioll also alleged that Haskett had said 'he cared not a rush' for the Court of Chivalry. In his defence, Haskett claimed that he was arguing with Mr Fillioll over the repair of hedges, when, without provocation, he beat him in the head with 'a staff or cudgell', and then commanded his servant, Edward Oliver, to do likewise, provoking Haskett to say that Fillioll 'was a base conditioned gentleman to use him soe.' Process was granted on 3 November 1637 and Fillioll's witnesses were examined by a commission headed by Henry Seymour, esq, on 29 May 1638 at the Crown Inn, Blandford Forum, Dorset. Haskett's witnesses were examined by commission headed by Melchisedech Waltham, clerk, on 3 September 1638 at the New Inn, Shaftesbury, Dorset. The witnesses, who included Bullen, the tythingman of Todber, bore out Haskett's version of events. He was depicted as an 'honest' yeoman who had suffered from a sadistic and largely unprovoked beating about which Fillioll boasted openly afterwards. They also explained Haskett's remarks about the court as a response to Fillioll declaring that 'Haskett nor the best counsell he could get would be able to answer' his case, and directed at Fillioll's threat rather than the court's jurisdiction. On 9 February 1639 Fillioll was required to appear in court to answer for the false clamour and molestation of Haskett, and contempt of the court. On 21 February he was charged with £30 in expenses.

Initial proceedings

3/116, Petition to Arundel

'William Haskett of Todber in the County of Dorset woolen weaver, in May 1636, in a most disgracefull and outrageous manner, called your petitioner base fellow, base conditioned fellow; and told him he fedd on sheeps henges or gathers; and challenged him to come forth for he dared to fight with him; and was not fearefull or affeard of him.'

Petitioned Haskett be brought to answer.

'Mr Dethick, the plaintiff being issued of an ancient family and diver of his ancestors knights. I holde his cause fitt for my L. Marshall's Court and I desire process may goe out.'

2 November 1637.

Signed by Arthur Duck.

3/117, Plaintiff's bond

2 November 1637

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by William Fillioll.

Sealed, subscribed and delivered in the presence of Humphrey Terrick

13/1v, Citation

Haskett to appear at the suit of Fillioll for scandalous words provocative of a duel.

Dated 2 November 1637

Executed 17 January 1638 in Todber .

By special direction of Gilbert Dethick, registrar.

Cur Mil I, fo. 267, Libel [damaged]

1. Fillioll was an esq descended from a family reputed ancient gentry for up to 300 years, while Haskett was a woollen weaver.

2. Between April and July 1636 and April and July 1637, in the parish of Todber, Haskett said of Fillioll that 'I was a base condiconed fellow; and that I fedd on sheepes henges or gathers; and said he durst come out; and thrust open the gate and rusht out on me', thereby provoking Fillioll to a duel.

3. That on 17 January, 1, 2 or 3 days after the execution of the monition 'he said I had served him with a process out of... [damaged] court and he cared not a rush for it.'

4. That all this was true, public and notorious.

No date.

Signed by Arthur Duck.

10/12/16, Personal answer

1. He knew not that any of Fillioll's ancestors were knights.

2. Fillioll met him in the highway and began to expostulate with him concerning some lawsuits depending between them. Then Fillioll, 'without anie provocation given', struck and beat him with 'a staff or cudgell, and beate his body blacke and blue, and gave him severall deep wounds in the head to the number of sixe or seaven, and being wearied in beating him at length commanded his servant who was there present to beate and wounde him who did accordingly'. Only then did Haskett say that Fillioll had 'used him basely, or was a base conditioned gentleman to use him soe.'

3. 'There was a monition extracted out of this honourable court and served upon [Haskett] as is articulated.'

No date.

No signature.

Plaintiff's case

Cur Mil I, fo. 266, Letters commissory for the plaintiff

Addressed to commissioners Henry Seymour, esq, John Joliffe, gent, Martin White, gent and John Fussell, gent, and also, William Douch, clerk, Melchisidech Waltham, clerk, Walter Tyte, gent, and John King, gent, to meet in a cause of scandalous words provocative of a duel, from 23 to 25 May 1638, at the Crown Inn, Blandford, co. Dorset.

Dethick assigned Thomas Belley as notary public.

Dated 9 May 1638.

Signed by Gilbert Dethick.

Cur Mil I, fos. 281r-288v, Plaintiff depositions

Taken before commissioners Henry Seymour, esq, John Jolliffe, gent, John King, gent, in the presence of John Cobbe, notary public, at the Crowne Inn, Blandford Forum, co. Dorset on 29 May 1638.

fos. 283r-v (Witness 1), John Hynd of Marnhull co. Dorset, weaver, born there, aged 30

To Fillioll's libel:

1. He had known Fillioll 'ever since he was of remembrance', and knew Fillioll's father and grandfather before their deaths. They were all 'accompted and reputed in their country for gentlemen, of a very ancient stocke and family'. He had not heard that any of Fillioll's ancestors were knights. Haskett was a woollen weaver, whose ancestors were not reputed gentlemen.

Signed by John Hind and by the three above commissioners.

fos. 283v-284v (Witness 2), Elizabeth, wife of Thomas Hatcher alias Crowter of Todber, co. Dorset, butcher, born there, aged about 36

To Fillioll's libel:

1. She had known Fillioll for many years, for all which time he was accounted a gentleman descended of an ancient family, but she did not know whether any of them had been knights. She had known Haskett since childhood 'for they were towne borne children'. Haskett was a woollen weaver. Haskett and his father were 'honest men but no gentlemen'.

2. About 'holy rood day now last was two years *viz third of May*', Fillioll came to her husband's house in Todber, to speak with her husband or her father Thomas Butler. She replied that neither were at home, when Haskett 'being in the house stepped forth of the doore', and advised Fillioll to mend his hedge, threatening to impound any cattle that came through. Fillioll replied 'you may be as nimble as you will Haskett'. Haskett responded 'not with sheepshenge and carrion, or to the same purpose, but whether he spoke it in an angry, abusive way she cannot judge.'

Signed by Elizabeth Hatcher [her mark] and by the three commissioners.

fos. 285r-286r (Witness 3), Robert Bullen of Todber, co. Dorset, woollen weaver, lived there for 20 years, born at East Stour, aged 56

To Fillioll's libel:

1. He had known Fillioll for over 26 years, for all which time he was accounted a gentleman of descended of an ancient family, but he did not know whether any of them had been knights, nor whether Fillioll was an esquire, 'but referreth himself to the records of this honourable court.' He had known Haskett for 26 years. Haskett was a woollen weaver, and 'a man of good reputation, but not a gentlemen'.

2. 'Upon holy rood day, viz. the third of May, now was two years being the very day of breaking their common at Todber, he being tythingman and then at work in his shoppe heard one cry out, For the passion of God, Goodman Bullen, come forth and helpe me for els I shall be killed.' Looking out of his window he saw Haskett lying on the ground 'one Edward Oliver (Mr Fillioll's man) lying upon him, striking him.' Other neighbours parted them before he got there, but Oliver strove to 'continue his blowes at Haskett.' Bullen 'told them that he was the tythingman, and required them in God's name and the king's to keep the king's peace, and thereupon Oliver gave over, and being about to goe away Fillioll came, riding up to them, to whom being come, William Haskett said, have you not beaten me enough yourself, but you must send your man to beate me also'. Fillioll told Haskett 'he was a base slave', and Haskett replied 'you are a base gentleman for using of me so'. Mr Fillioll added 'thou saidst I did eat sheeps henges and carrion'. Haskett answered 'no, I did not say that you did; but I said that I did not eat any sheeps henge and carrion'. [Bullen] heard all this, 'but what the defendant meant and intended by saying that he himself did eate no sheeps hinge and carrion, he cannot interpret.'

Signed by Robert Bullen [his mark] and by the three commissioners.

fos. 286r-v (Witness 4), John Bullen of Stour Provost, co. Dorset, broadweaver, lived there for 7 years, born at East Stour, aged about 22

To Fillioll's libel:

1. He had known Fillioll for 12 years, who he thought was 'generally esteemed... to be an esq', descended of an ancient family. He knew Haskett well, who was a woollen weaver, and 'one that lives well, but neither himself nor any of his ancestors have been gentlemen for ought he ever heard.'

2. About 3 May 1636, 'being the very day the Common of Todber was broken, he was working with his uncle Robert Bullen in his uncle's shop in Todber. He heard Haskett call out for his uncle's help. His uncle, who was tythingman, 'hasted forth to see what the matter was', and the witness stepped out into the garden and saw Fillioll, Oliver, Haskett and Robert Bullen 'standing together in the highway'. He heard Haskett say 'could you not beate me enough yourself but you must set your man to beat me too'? Mr Fillioll 'bade his man beate him againe and he would beare him out', Robert Bullen kept the peace. Then Fillioll said to Haskett 'thou art a base slave'. Haskett replied 'you are a base gentleman to use me so'. Mr Fillioll added 'thou saidst I did eat sheeps henges and carrion'. Haskett replied 'no sir I did not say so, but I said that I did eate no sheeps henges and carrion'. But 'what he meant thereby', he 'cannot judge.'

Signed by John Bullen [his mark] and by the three commissioners.

29 May 1638 at Shaftesbury, co. Dorset

fos. 287r-v (Witness 5), Mary, wife of William Hopkins of Stour Provost, co. Dorset, mason, lived there for 30 years, born at West Orchard, co. Dorset, aged 65

To Fillioll's libel:

2. On 3 May 1636 she was in Thomas Hatcher's house in Todber, and heard Fillioll and Haskett in the street 'somewhat loud in language. Looking out of the window she saw Fillioll on horseback in the highway beyond the gate being approached by William Haskett. She saw Fillioll strike Haskett with a cudgel, and Haskett asked Fillioll to dismount. Whether Haskett 'went forth at the gate purposefully to goe home or to provoake Fillioll she cannot tell.'

Signed by Maria Hopkins [her mark] and by commissioners Joliffe and King.

fos. 287v-288r (Witness 6), William Browne of Marnhull, co. Dorset, husbandman, born there, aged about 68

To Fillioll's libel:

3. Around last Candlemas he conversed with William Haskett and Roger Hatcher about Haskett's differences with Fillioll. Haskett said that Fillioll had 'newly served him with a process or warrant to appear in the painted chamber at Westminster concerning such matters as he could not answer', but Haskett said, 'I doe not way it a rush, for I hope I shall goe and answere it my self; or procure some other that shall'. Haskett was asked how he meant these words and he replied 'he understood his meaning to be that he cared not a rush for the cause of his being called into the court, and that he meant *it not in disesteeming* the court.'

Signed by William Browne [his mark] and by commissioners Joliffe and King.

fos. 288r-v (Witness 7), Roger Hatcher alias Crowter of Stour Provost, co. Dorset, linen weaver, born at Marnhull, co. Dorset, aged about 40

To Fillioll's libel:

3. Around last Candlemas he conversed with William Haskett and William Browne about Haskett's differences with Fillioll. Haskett said that Fillioll had 'served him with a processe or warrant to appear that term in the Painted Chamber at Westminster, adding further that he heard that Mr Fillioll gave out neither that Haskett nor the best counsell he could get would be able to answer it; but Haskett said I doe not care a rush, for I hope I shall answer it well enough my self, or procure him that shall.'

Signed by Roger Hatcher and by commissioners Joliffe and King.

Cur Mil I, fos. 289r-v, Notary public's certificate

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

29 May 1638.

Notary's mark.

Defendant's case

Acta (5), fo. 277a, Defence

1. Haskett spoke the words 'in relation unto an extreame outrage and cruelty' committed by Fillioll upon him.

2. Haskett spoke the words after Fillioll, 'without any provocation given', did 'strike and beat him with a staffe or cudgel and bruised his body, and gave him severall deepe wounds in the head to the number of six or seaven.'

3. Fillioll 'being tired and out of breath with cruell beating of Haskett att length he commanded his servant who was there present to beate and wound Haskett, who fourthwith came upon him, and did outrageously beat him according to his master's command.'

4. Haskett said 'that he cared not a rush for this cause depending against him in this honorable court... yet he spake the words in confidence of his own innocency, but noe waie in contempt of this honorable court, or the proceeding thereof, and in that sence the standers by did conceave and apprehend the words to have been spoken'.

R.19, fo. 11v, Summary of defence

Haskett said he spoke the words 'in relation to an extreme outrage' committed by Fillioll upon him, and that Fillioll 'without any provocation given him', did 'strike and beate him with a staffe, and bruised his body, and gave him several wounds andc'. 'If he did say that he cared not a rush for this cause depending in this honourable Court, yet he spake the words in confidence of his owne innocency, but no way in contempt of this honourable court.'

1638

No signature.

15/1n, Defendant's bill of costs

Hillary term, 1637/8: £10-6s-0d

Vacation: 40s-0d

Easter term, 1638: £5-19s-2d

Total: £18-5s-2d

Taxed at £1

12 June 1638.

Signed by H. Marten.

Acta (5), fo. 277b, Letters commissory for the defendant

Addressed to commissioners William Douche, clerk, Melchisedech Waltham, clerk, Walter Tyte, gent, and John Kinge, gent, and also Henry Seymour, esq, John Joyliffe, gent, Martin White, gent, and John Fussell, gent, in a cause of scandalous words provocative of a duel.

To be held at the New Inn, Shaftesbury, co. Dorset from 3 to 5 September 1638.

Gilbert Dethick assigned Mr Sampson Morice as notary public.

Dated 19 June 1638.

Signed by Gilbert Dethick.

Acta (5), fos. 267-271, Defence depositions

Taken before commissioners Melchisedeche Waltham, clerk, John King and John Joyliffe, gents, at the New Inn, Shaftesbury, co. Dorset, on the 3 September 1638, with Sampson Morice as notary public

fos. 268r-v (Witness 1), Maria, wife of William Hopkins of Stour Provost, co. Dorset, born at West Orchard, co. Dorset, aged about 65

To Haskett's defence:

2. About the beginning of May 1636 she was at Thomas Hatcher's house in Todber and heard Haskett and Mr Filioll 'very angry', so she went to the window and saw Mr Filioll strike Haskett with his cudgel. Immediately after she saw Haskett 'very bloudy and beleeveth that it was with Mr Filioll's beateing of him because she saw Filioll give Haskett many blowes with his cudgel, all which was done in the highway neere Hatcher's house in Todbere'.

Signed by Marie Hopkins [her mark] and by commissioners Waltham and King.

fos. 268v-269r (Witness 2), John Thomas of Buckhorne Weston, co. Dorset, husbandman, born at Sturminster, co. Dorset, aged about 40

To Haskett's defence:

2-3. 'About holy rood day' 1636, he was servant to Mr William Fillioll who met him 'in Todbere field being at his worke and told him that he had broken William Haskett's coxecombe, or that he had had a boute with him meaning that he had fought with him'. Mr Filioll showed him 'his cudgel, being a very stronge hazel cudgel, which Mr Filioll boasted or at least said he had broken in beating of Haskett'. Edward Oliver, 'then servant unto Mr Filioll, not longe after told him, that at his master's command and instruction he did likewise beate Haskett after his master had beaten him, wherefor [Thomas] blamed Oliver.'

Signed by John Thomas [his mark] and by the above two commissioners.

fos. 269r-v (Witness 3), John Evered of Nyland, in the parish of Kington Magna, co. Dorset, husbandman, born there, aged about 50

To Haskett's defence:

2-3. On 3 May 1636 he was present in Todber 'and hearing of an outcrie went into the street where he found William Haskett running as fast as he could and Mr Filioll's man one Oliver following him, which Oliver, as soone as he overtooke Haskett, stroke up his heeles <beate him> *threw him* (Oliver's master, Mr Filioll, having beaten Haskett before)' Mr Fillioll came after his man and Haskett asked Mr Filioll 'whether he had not beaten him enough but must send his man to beate him more'. Whereupon Mr Fillioll said 'that his man should beate Haskett againe and called Haskett base Jack'. Thereupon 'Haskett in regard he had bin so beaten by Mr Filioll and his man and ill termes used by Mr Filioll to and against him, did thereupon reply that Mr Filioll was a base gentleman or a base conditioned gentleman in using him the so'. When he came to Haskett 'he found him all bloudy and his head broken.'

Signed by John Evered [his mark] and commissioners Waltham, Joyliffe and King.

fos. 270r-v (Witness 4), John Bullen of Shaston St James, in the parish of Stour Provost, co. Dorset, broadweaver, born at East Stour, aged about 22

To Haskett's defence:

1-3. 'About 3 May 1636 he was with his uncle Robert Bullen at work in his uncle's shop in Todber, when he heard Haskett call out to his uncle '(who was then tythingman) for helpe'. He and his uncle 'hasted forth of the shoppe to see what the matter was'. From his uncle's garden, he saw Mr Fillioll and Oliver his servant, his uncle and Haskett 'standing together in the high way about a goade from' him and he heard Haskett say to Mr Fillioll 'could you not beate me enough yourself, but must you set your man to beate me too'. Whereupon Mr Fillioll urged his man to beat Haskett again, saying that he 'would beare him out in it'. But Robert Bullen 'caused them to keepe the king's peace, and then Mr Filioll called Haskett 'base slave'. Then, Haskett, having been 'grievously beaten by Mr Filioll and being called base slave was provoked to say that Mr Filioll was a base conditioned gentleman in using him in that manner' When he saw Haskett, 'Hasket was all bloudy.'

Signed by John Bullen [his mark] and by the above three commissioners.

fos. 270r-271r (Witness 5), John Hynde of Fifehead Magdalen, co. Dorset, husbandman, born at Marnhull, co. Dorset, aged about 24

To Haskett's defence:

2. He was at Todber on 3 May 1636 and saw Haskett 'very bloudy and much beaten' and Haskett told him 'that Mr Fillioll and his man had beaten him so and that about three or foure dayes afterward William Haskett shewed him his armes which [Hynde] sayth were blacke and blue with the stripes which he had had and received.'

Signed by John Hynde [his mark] and the above three commissioners.

fos. 271r-v (Witness 6), Anne Haskett of Todber, co. Dorset, widow, born at Tollard, co. Dorset, aged about 72

To Haskett's defence:

2-3. On 3 May 1636, Haskett came home to her in Todber 'very bloudie and grievously beaten' and she, 'examining and indeavoring to search the wounds which he had about him, founde six or seaven wounds in his head'. Haskett and others told her that he had received the wounds from Mr William Filioll and his man.

Signed by Anne Haskett [her mark] and the three above commissioners.

Acta (5), fos. 272r-v, Notary public's certificate

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

Dated 7 September 1638.

Notary's mark.

Summary of proceedings

Dr Duck acted as counsel for Fillioll and Dr Parry for Haskett. Haskett was summoned to appear on 27 January 1638 and Dr Parry responded to Mr Fillioll's libel on Haskett's behalf on 3 February 1638. Dr Parry published the testimony of Haskett's witnesses in October and November 1638. Both sides delivered their porrected sentences on 9 February 1639, but the court found in favour of Haskett. Mr Fillioll was required to appear in court to answer for the false clamour and molestation of Haskett and contempt of the court. On 21 February he was charged with £30 in expenses.

Notes

William Fillyoll of Knights Street in co. Dorset, esq, was the son of William Fillyoll of Knights Street, esq (c.1574-1634), and grandson of William Fillyoll of Knights Street in Marnhull, esq (c.1547-1626). He was aged 77 at the time of the visitation of 1677, and was married to Katherine, daughter of Robert Nicholas of All Cannings, co. Wiltshire, esq.

G. D. Squibb (ed.), The Visitation of Dorset, 1677 (Publications of the Harleian Society, 117, 1977), pp. 22-3.

Documents

• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil I, fo. 266 (9 May 1638)
  • Plaintiff depositions: Cur Mil I, fos. 281-8 (29 May 1638)
  • Notary public's certificate: Cur Mil I, fo. 289 (29 May 1638)
• Defendant's case
  • Defence: Acta (5), fo. 277a (no date)
  • Summary of defence: R.19, fo. 11v (no date)
  • Defendant's bill of costs: 15/1n (12 Jun 1638)
  • Letters commissory for the defendant: Acta (5), fo. 277b (19 Jun 1638)
  • Defence depositions: Acta (5), fos. 267-71 (3 Sep 1638)
  • Notary public's certificate: Acta (5), fo. 272 (7 Sep 1638)
• Proceedings

People mentioned in the case

• Belley, Thomas, notary public
• Browne, William, husbandman
• Bullen, John, broadweaver
• Bullen, Robert, woollen weaver
• Butler, Thomas
• Cobbe, John, notary public
• Dethick, Gilbert, registrar
• Douch, William, clerk (also Douche)
• Duck, Arthur, lawyer
• Evered, John, husbandman
• Fillioll, Katherine (also Fillyoll, Filyoll)
• Fillioll, William, esq (also Fillyoll, Filyoll)
• Fussell, John, gent
• Haskett, William, woollen weaver
• Hatcher alias Crowter, Elizabeth
• Hatcher alias Crowter, Roger, linen weaver
• Hatcher alias Crowter, Thomas, butcher
• Hopkins, Mary
• Hopkins, William, mason
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hynd, John, weaver
• Hynde, John, husbandman
• Joliffe, John, gent (also Joyliffe)
• King, John, gent (also Kinge)
• Morice, Sampson, notary public
• Nicholas, Katherine
• Nicholas, Robert, esq
• Oliver, Edward, servant
• Parry, George, lawyer
• Seymour, Henry, esq
• Terrick, Humphrey
• Tyte, Walter, gent
• Thomas, John, husbandman
• Waltham, Melchisedech, clerk

Places mentioned in the case

• Dorset
  • Blandford Forum
  • Buckhorne Weston
  • East Stour
  • Fifehead Magdalen
  • Kington Magna
  • Knights Street
  • Marnhull
  • Nyland
  • Shaftesbury
  • Shaston St James
  • Stour Provost
  • Sturminster
  • Todber
  • Tollard
  • West Orchard
• Middlesex
  • Westminster
• Wiltshire
  • All Cannings

Topics of the case

• assault
• contempt of court
• defendant victory
• denial of gentility
• office-holding
• weapon