The Court of Chivalry 1634-1640.
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Richard Cust, Andrew Hopper, '213 Floyer v Croker', in The Court of Chivalry 1634-1640, ed. Richard Cust, Andrew Hopper, British History Online https://prod.british-history.ac.uk/no-series/court-of-chivalry/213-floyer-croker [accessed 29 November 2024].
Richard Cust, Andrew Hopper, '213 Floyer v Croker', in The Court of Chivalry 1634-1640. Edited by Richard Cust, Andrew Hopper, British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/no-series/court-of-chivalry/213-floyer-croker.
Richard Cust, Andrew Hopper. "213 Floyer v Croker". The Court of Chivalry 1634-1640. Ed. Richard Cust, Andrew Hopper, British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/no-series/court-of-chivalry/213-floyer-croker.
In this section
213 FLOYER V CROKER
Anthony Floyer of Whitchurch Canonicorum, co. Dorset, gent v John Croker of the same, yeoman
July 1639 - December 1640
Abstract
Floyer complained that Croker called him a 'base rascall' and gave him the lie in December 1638, thereby provoking him to duel. John Farthing of Colyton, Devon, gent, entered bond to prosecute the cause on behalf of Floyer on 16 July 1639, but the libel was not given until 1640 and the commission for examining Floyer's witnesses was delayed until December 1640. No further proceedings survive.
Initial proceedings
6/67, Petition to Maltravers
Floyer was 'descended from an ancient and generous family; and that John Crocker of Whitchurch, yeoman, in the month of December 1638 called your petitioner base rascall and gave him the lye, with many other reproachfull tearmes, much provokinge your petitioner to duell.'
Petitioned that Croker be brought to answer.
Maltravers granted process, no date.
6/66, Plaintiff's bond
16 July 1639
Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.
Signed by John Farthing of Colyton, co. Devon, gent, on behalf of Floyer.
Sealed, subscribed and delivered in the presence of John Watson.
6/43, Defendant's bond
14 October 1639
Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.
Signed by John Croker.
Sealed, subscribed and delivered in the presence of John Watson.
R.19, fo. 3r, Summary of libel
Floyer was styled as of Barne in the parish of Whitchurch; and his ancestors had been reputed gentlemen for above 300 years. Crocker said 'Floyer was a base rascall and gave him the lye. Thereby to provoke and c.'
1640
No signature.
Summary of proceedings
Dr Parry acted as counsel for Floyer and Dr Sweit for Crocker. The commission for examining Floyer's witnesses was delayed until December 1640.
Notes
Anthony Floyer of of Whitchurch Canonicorum, co. Dorset, esq (d. c. 1672), was the son of Anthony Floyer of co. Devon (d.1608), and Anne, daughter and coheir of Nicholas Martin of Athelhampton. He married Elinor, daughter of Sir William Poole of Colcombe in the parish of Colyton, co. Devon, knt.
G. D. Squibb (ed.), The Visitation of Dorset, 1677 (Publications of the Harleian Society, 117, 1977), pp. 23-4.
Documents
- Initial proceedings
- Petition to Maltravers: 6/67 (no date)
- Plaintiff's bond: 6/66 (16 Jul 1639)
- Defendant's bond: 6/43 (14 Oct 1639)
- Summary of libel: R.19, fo. 3 (1640)
- Proceedings
- Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)
People mentioned in the case
- Croker, John, yeoman (also Crocker)
- Farthing, John, gent
- Floyer, Anthony, gent
- Floyer, Anne
- Howard, Henry, baron Maltravers
- Martin, Anne
- Martin, Nicholas
- Parry, George, lawyer
- Poole, Elinor
- Poole, William, knight
- Sweit, Giles, lawyer (also Swett)
- Watson, John
Places mentioned in the case
- Devon
- Colcombe
- Colyton
- Dorset
- Athelhampton
- 'Barne'
- Whitchurch Canonicorum
Topics of the case
- denial of gentility
- giving the lie
- provocative of a duel