34 Barrow v Casborne

34 BARROW V CASBORNE

Isaac Barrow of Burwell, co. Cambridge, esq v John Casborne of the same

May 1640

Abstract

Barrow, a Cambridgeshire J.P., had admonished Casborne for felling wood on his brother's land, when Casborne retorted that he 'lyed in his throte', called him 'tell Tale', said that 'he did not care a turd for him', and that he was as good a man as Barrow. The cause was granted process in May 1640, and Barrow entered a bond to prosecute it, but no further proceedings survive.[See case 33 for an earlier case involving his son].

Initial proceedings

5/21, Petition

'Your petitioner in courteous manner (at the request of his brother Walter Clopton? [damaged] esq) admonishing one John Casborne from cropping of wood upon his brother's land, Casborne hereupon gave your petitioner verie uncivill and abusive language falslie taxing him with many untruths, and charging him that he had secretlie and maliciouslie told his brother of the felling of his wood; and said he was resolved to cutt down more wood in despight of him, and that he did not care a Turd for the petitioner nor his brother, and called the petitioner tell tale, and said he lyed in his throte, and he did not care a turd for him, and that he was everie way as good a man as your petitioner, with other reproachful tearmes publikelie and maliciouslie uttered before divers persons to the great disparagement, disgrace and provocation of your petitioner who being a gent of an ancient discent and familie.'

Prayed that Casborne be brought to answer.

Maltravers granted process on 7 May 1640.

5/20, Plaintiff's bond

No date, 1640

Bound to 'appear in the Painted Chamber within the Palace of Westminster'.

Signed by Isaac Barrow.

Sealed signed and delivered in the presence of John Watson.

Notes

The Barrow family pedigree appeared in the Visitation of Cambridge of 1619. Isaac Barrow was a particularly active J.P. in Cambridgeshire during the mid 1630s.

J. W. Clay (ed.), The Visitation of Cambridge, 1575 and 1619 (Publications of the Harleian Society, 41, 1897), p. 46; CSP Dom. 1634-5 , pp. 107, 444, 447; CSP Dom. 1635-6 , p. 386.

John Aubrey claimed the Barrows were a royalist family: 'His father, Thomas Barrow, was the second son of Isaac Barrow of Spinney Abbey in the county of Cambridge, esquire, who was a Justice of the Peace there above forty years. The father of Thomas never designed him for a tradesman, but he was so severe to him he could not endure to live with him, and so came to London and was apprentice to a linen-draper. He kept shop at the sign of the White Horse in Forster Lane near St Forster's Church in St Leonard's parish; and his son, Isaac Barrow was christened at St John Zachery's in Forster Lane, for at that time St Leonard's church was pulled down to be re-edified. He was born anno Domini 1630 in October after King Charles II.

Dr Isaac Barrow had the exact day and hour from his father, which may be found among his papers. His father set it down in his English bible, a fair one, which they used at the king's chapel when he was in France and could not get it again. His father travelled with the King, Charles II, wherever he went; he was sealer to the lord chancellor beyond sea [during the king's exile], and also when he came into England.'

John Aubrey, Brief Lives , ed. Richard Barber (Woodbridge, 2004),pp. 33-4.

Documents

• Initial proceedings
  • Petition: 5/21 (7 May 1640)
  • Plaintiff's bond: 5/20 (1640)

People mentioned in the case

• Aubrey, John
• Barrow, Isaac, esq
• Casborne, John
• Clopton, Walter
• Howard, Henry, baron Maltravers
• Stuart, Charles II, king
• Watson, John

Places mentioned in the case

• Cambridgeshire
  • Burwell
  • Spinney Abbey
• London
  • St John Zachary, Forster Lane
  • St Leonard, Forster Lane
• Middlesex
  • Westminster

Topics of the case

• comparison
• giving the lie
• justice of the peace
• nicknaming
• office-holding
• royalist
• scatological insult