253 Greaves v Knyveton

253 GREAVES V KNYVETON

William Greaves, rector of Brailsford, co. Derby, clerk v Sir Andrew Knyveton of Bradley, co. Derby, bart

December 1638 - February 1639

Abstract

This was the countersuit to Knyveton's case against Greaves [see cause 358]. Greaves complained that between April and June 1638, at John Barrowclough's house in Bradley, Derbyshire, Knyveton had said that 'I, William Greaves was a base fellow, a rogue and a rascall', and assaulted him, whereby 'he broke my head in two places'. Knyveton claimed that he was provoked into striking Greaves with his stick, after Greaves had given him the lie and said that he was 'a base fellow, a beggarly knight and not worthe a groate; and that he would shew a better coate of armes then Sir Andrew'. He denied attempting to provoke Greaves to duel, 'knowinge well that clergie men are not to be dealt withal that way, whatever occasion of offence they give.'Dr Merrick presented Greaves's libel on 5 December 1638 and his witnesses were examined by a commission headed by John Chaworth, esq, at the Talbot Inn, Ashbourne, Derbyshire on 19 January 1639. No sentence survives, perhaps because on 23 February a proposal was made to refer the whole matter to the arbitration of the Earl of Huntingdon.

Initial proceedings

19/4b, Libel [damaged]

1. Greaves was from a family that had been ancient gentry over 50 [damaged] years.

2. Between April and June 1638 in Brailsford parish, Sir Andrew Knyveton had said that 'I, William Greaves was a base fellow, a rogue and a rascall', and assaulted him whereby 'he broke my head in two places'. These words and actions were provocative of a duel.

Signed by William Merrick.

[Presented 5 December 1638, with a note: 'Introduced 26 January 1638/9']

18/2l, Personal answer

1. He believed that Mr Greaves was a clerk in holy orders, and referred the matter of his gentility to the Heralds' Office 'and the records there which he believeth to be true; and otherwise he doth not believe this article to be true in any parte thereof.'

2. At the time and place in the libel he was provoked by Mr Greaves, 'with many insufferable words and carriages specified in the original libel given in by [Knyveton] against Mr Greaves to which [he] referreth himself, did use those words following in effect and none others [as he believes], vizt. That such words and behaviour did little become a minister; and that he seemed not a minister but a rascall to use such unseemly and unworthy words to a man of his sort and quality'. Knyveton was 'more and more urged with most outrageous terms and behaviour of Mr William Greves he did in the end take up a stick, and did strike Mr Greves; and believeth that blood did follow of the said stroke or strokes, but denieth that he did it with anie intent to provoke Mr Greves to a single combat or duell, knowinge well that clergie men are not to be dealt withal that way, whatever occasion of offence they give.'

Introduced 10 December 1638.

Signed by Sir Andrew Knyveton.

Plaintiff's case

19/4a, Letters commissory for the plaintiff

Addressed to commissioners Thomas Bagshaw, gent, John Hall, clerk, Richard Slacke, clerk and Robert Hope, clerk, and also, John Chaworth, esq, Sir John Fitzherbert, knight, William Davenport, esq and John Whithall, gent, to meet at the Talbot Inn, in the town of Ashbourne, co. Derby from 17 to 19 January 1639.

Dated 5 December 1638.

Signed by William Dethick.

19/4e, Defence interrogatories

1. Was the witness a household servant or relative of Greaves, and if so, by what degree? Was the witness indebted to Greaves? How much was the witness worth in goods with their debts paid? Which party did they favour and to whom would they give the victory if it were in their power?

2. How long had the witness known Sir Andrew Knyveton? Was he a baronet, and a gentleman descended of an ancient family, whose father, grandfather, great-grandfather and their predecessors were all gentlemen 'of greate rancke and qualitie'?

3. Was Sir Andrew a 'discreet a temperate and a sober gentleman, one not given to passion or soon provoked to anger, one that loveth the clergie of this kingdome, and is a sober quiet gentleman not soone provoked to anger'?

4. Where and when were the pretended words spoken? Who was present? Did Greaves 'use any unseemly speeches' before Knyveton struck him? Did Greaves say that Knyveton was 'a base fellow a beggarly knight and not worthe a groate, and that he would shew a better coate of armes then Sir Andrew, and said Sir Andrew did lie or words to that effect; or what other provocation, did Greaves give unto Sir Andrew'?

5. How long had the witness known Greaves? Did they know that he had spoken words 'tending to the disparagement and disgrace of Sir Andrew'? What words had they heard Greaves speak, 'or who told you of them, how long since'?

6. Did the witness know John Keeling, a servant to Mr William Greaves? How long had Keeling been Greaves's household servant? Of 'what reputation, credit or qualitie hath he ever been since you knew him, and how is he now reputed to be amongst his neighbours, and most that knows him'?

7. Had Keeling begotten three bastards 'and was he not indyted at Derby sessions for divers misdemeanours several times; and was he by or in presence at John Barracloughe's house in Bradley Parke at the time and place when Sir Andrew Knyveton and Mr Greaves clerk met and fell out about such things' in the libel?

No date.

No signatories.

19/4c, Plaintiff's depositions

Taken before commissioners John Chaworth, esq, William Davenport, esq, John Hall, clerk, William Slacke, clerk, on 19 January 1639, at the Talbot Inn, Ashbourne, co. Derby in the presence of Edward Latham, notary public.

(Witness 1), Thomas Bancroft, schoolmaster of Brailsford, co. Derby, aged about 40

To Greaves's libel:

1. Greaves was a clerk in holy orders, and he had heard Greaves affirm that he was descended from gentlemen of an ancient family.

2. Greaves and Knyveton were together at John Barrowclough's house in Bradley, when, after some words from Greaves, Knyveton 'did take up a can[e] and did strike Mr William Greaves upon the heade... and did breake his Mr Greaves's head in two places, insomuch that the blood did *a little* runn downe'. Barraclough, Mr Cotton and others were also present.

To Knyveton's interrogatories:

1. 'He liveth by teaching of a schoole and is worth thirtie poundes his debts paid, and sayeth he wisheth well to both parties and wisheth also that they were good friends.'

2. He had known Knyveton for 13 or 14 years, and knew that he was a baronet and a gentleman of an ancient family, of 'greate rancke and qualitie.'

3. Knyveton 'is of a very mild and temperate disposition and nature, not easily provoked to passion or anger; and knoweth that Sir Andrew doth frequent the church very well, and loveth a scholler in his harte'.

4. He did not hear Knyveton give Greaves 'anie fowle or ill speeches at the tyme that Mr Greaves did putt the lye soe often upon him, and beleeveth that Mr Greaves did provoke Sir Andrew Kniveton to strike him by putting the lye soe often upon him.'

5. He had known Greaves for 17 or 18 years.

Signed by Thomas Bancroft and by the four above commissioners.

(Witness 2), John Cotton of Brailsford, co. Derby, yeoman, lived there for more than 20 years, aged 63

To Greaves's libel:

1. Greaves was a clerk in holy orders and he had heard that Greaves had 'heretofore proved himself to be a gentleman.'

2. After some conversation between Greaves and Knyveton at John Barraclough's house in Bradley, Knyveton struck Greaves 'upon the head, either with his hand or a wooden cann, and did break Mr Greaves's heade, that blood came out thererat.'

To Knyveton's interrogatories:

1. He was worth more than £100 with his debts paid, 'and liveth of himselfe, and wisheth indifferentlie to both parties.'

2. He had known Knyveton from his childhood, and knew that he was a baronet descended from an ancient gentry family, 'of great rancke and qualitie'.

3. Knyveton was 'a sober and temperate gentleman, not given to passion or easily provoked to anger'.

4. Knyveton struck Greaves in Barraclough's house, after Greaves had given him the lie two or three times.

5. He had known Greaves for 20 years.

Signed by John Cotton [his mark] and by the four above commissioners.

(Witness 3), John Barraclough of Bradley Park, co. Derby, yeoman, lived there for 30 years, aged 60 or more

To Greaves's libel:

1. Greaves was a clerk in holy orders and he had heard Mr Greaves 'say himself he was a gentleman.'

2. After some conversation between Greaves and Knyveton at his house in Bradley Park, Barraclough left the room and when he returned they were 'struckling together; and parting of them he perceived that Mr Greaves had his head broken and did a little bleed, and believeth that Sir Andrew Kniveton did with a cann strike Mr Greaves'.Thomas Bancroft, Mr Cotton and others were also present.

To Knyveton's interrogatories:

1. He was worth £20 or £30 with his debts paid, 'and liveth of his calling as a keeper; and if it were in his power he would rather Sir Andrew have the victory than otherwise.'

2. As witness 2.

3. Knyveton was 'a discreet and moderate man, and not easily provoked unto anger, and one that doth frequent the church very well.'

4. As witness 2.

5. He had known Greaves for 20 years and had heard that Greaves had spoken disgraceful words against Knyveton before the words in the libel were spoken, '*but doth not remember the particular words*'.

Signed by John Barraclough [his mark] and by the four above commissioners.

19/4d, Notary public's certificate

Certificate in Latin signed by Edward Latham, notary public of the diocese of Lichfield and Coventry, that the examinations had been completed and were now being returned.

21 January 1639.

Notary's mark.

Summary of proceedings

Dr Merrick acted as counsel for Greaves and Dr Duck for Knyveton. Dr Merrick gave the libel on behalf of Greaves on 5 December 1638 and Dr Duck denied it on 12 December. Merrick was given until the first session of the next term to prove it, but on 23 February 1639 a proposal was made to refer the whole matter to the arbitration of the earl of Huntingdon.

Notes

Sir Andrew was the eldest son of Sir Gilbert Knyveton of Mercaston, co. Derby, knt and bart, and Mary, daughter of Andrew Grey, esq. He was a royalist colonel during the civil wars and his brother Peter served as his lieutenant-colonel.

G. D. Squibb (ed.), The Visitation of Derbyshire, 1662-1664 (Publications of the Harleian Society, new series, 8, 1989), p. 48; P.R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 219.

On 27 November 1643, Sir William Savile at York, wrote to Major Richard Beaumont at Sheffield that William Greaves, the rector of Brailsford, had been captured by Sir John Gell's parliamentary forces, and that Greaves should be exchanged for Mr Nicholas Heathcoat a prisoner in the royalist garrison at Sheffield.

J. Hunter, Hallamshire: The History and Topography of the Parish of Sheffield in the County of York (2^nd edn, London, 1869), p. 140.

Documents

• Initial proceedings
  • Libel: 19/4b (5 Dec 1638)
  • Personal answer: 18/2l (10 Dec 1638)
• Plaintiff's case
  • Letters commissory for the plaintiff: 19/4a (5 Dec 1638)
  • Defence interrogatories: 19/4e (no date)
  • Plaintiff depositions: 19/4c (19 Jan 1639)
  • Notary public's certificate: 19/4d (21 Jan 1639)
• Proceedings
  • Proceedings before Maltravers: R.19, fos. 474r-484v (5 Dec 1638)
  • Proceedings before Marten: R.19, fos. 488r-490v (12 Dec 1638)
  • Proceedings before Maltravers: 1/9 (28 Jan 1639)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Bagshaw, Thomas, gent
• Bancroft, Thomas, schoolmaster
• Barrowclough, John, yeoman (also Barraclough)
• Beaumont, Richard, gent
• Chaworth, John, esq
• Cotton, John, yeoman
• Davenport, William, esq
• Dethick, William
• Duck, Arthur, lawyer
• Fitzherbert, John, knight
• Gell, John, knight
• Greaves, William, clerk
• Grey, Andrew, esq
• Grey, Mary
• Hall, John, clerk
• Hastings, Henry, earl of Huntingdon
• Heathcoat, Nicholas, gent
• Hope, Robert, clerk
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Keeling, John, servant
• Knyveton, Andrew, baronet (also Kniveton)
• Knyveton, Gilbert, baronet (also Kniveton)
• Knyveton, Mary (also Kniveton)
• Latham, Edward, notary public
• Marten, Henry, knight
• Merrick, William, lawyer
• Savile, William, knight and baronet
• Slacke, Richard, clerk (also Slack)
• Slacke, William, clerk (also Slack)
• Whithall, John, gent

Places mentioned in the case

• Derbyshire
  • Ashbourne
  • Bradley
  • Bradley Park
  • Brailsford
  • Mercaston
• Staffordshire
  • Lichfield
• Warwickshire
  • Coventry
• York
• Yorkshire, West Riding
  • Sheffield

Topics of the case

• arbitration
• assault
• civil war
• debt
• denial of gentility
• coat of arms
• comparison
• Herald
• royalist
• weapon