36 Beale v Harland

36 BEALE V HARLAND

Joseph Beale of the city of York, gent v Henry Harland of the same, innholder

July - November 1640

Abstract

Beale claimed that in June 1640 Harland, a York innkeeper, had said that he was a base fellow and 'but a peddler', provoking Beale to strike him. Process was granted on 14 July 1640, both parties entered bonds and a commission headed by Henry Cholmley, esq, and Henry Thompson, alderman of York was ordered to meet at Jonas Spuire's inn, in the city of York, 17-19 December 1640; however, there is no evidence of further proceedings. [See case 37 for a cause involving his brother].

Initial proceedings

5/122, Petition

'Your petitioner is a gentleman descended of an ancient family bearing armes. Notwithstanding about the beginning of the month of June last past, one Henrie Harland of the City of Yorke did very much abuse your petitioner and called him base fellow six severall tymes, and said he woulde prove him one. And further said that your petitioner was but a peddler, very much provoking your petitioner by such his opprobrious speeches to strike Henry Harland.'

Petitioned that Harland be brought to answer.

Maltravers granted process 4 July 1640.

5/121, Plaintiff's bond

4 July 1640

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

Benjamin Oldfield of the city of London, gent, acted on behalf of Beale.

Signed by Benjamin Oldfield.

Sealed, subscribed and delivered in the presence of John Dynham and John Longland.

5/150, Defendant's bond

16 October 1640

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

Signed by William Martyn of Furnivall Inn, London, acting for Harland.

Sealed, subscribed and delivered in the presence of John Longland.

Summary of proceedings

Dr Merrick acted as counsel for Beale and Dr Sweit for Harland. In Michaelmas term, 1640, Beale nominated as commissioners Henry Cholmley, esq, Henry Thompson, alderman of York, Richard Gascoigne, esq, and Mark Medcalfe, esq. Harland nominated George Prince, Peter Massie, Edward Clough and William Martin, gents. The commission was to meet from 17 to 19 December 1640 in the inn of Jonas Spuire (the King's Head named but crossed out), in the city of York. Dr Merrick gave the libel on Beale's behalf on 30 October 1640, and Dr Sweit responded to it on Harland's behalf on 20 November 1640.

Notes

Joseph Beale was the sixth son of Oliver Beale of Woodhouse in the parish of Drax, co. York, and Anne, daughter of Thomas Lake of Barley, co. York.

R. Davies (ed.), The Visitation of the County of Yorke begun in 1665 and finished in 1666, by William Dugdale (Surtees Society, 36, 1859), p. 189.

Documents

• Initial proceedings
  • Petition: 5/122 (4 Jul 1640)
  • Plaintiff's bond: 5/121 (4 Jul 1640)
  • Defendant's bond: 5/150 (16 Oct 1640)
• Proceedings
  • Proceedings: 1/12 (Mic 1640)
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)
  • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)

People mentioned in the case

• Beale, Anne
• Beale, Joseph, gent
• Beale, Oliver
• Cholmley, Henry, esq
• Clough, Edward, gent
• Dynham, John
• Gascoigne, Richard, esq
• Harland, Henry, innholder
• Howard, Henry, baron Maltravers
• Lake, Thomas
• Longland, John
• Martyn, William, gent
• Massie, Peter, gent (also Massey)
• Medcalfe, Mark, esq
• Merrick, William, lawyer
• Oldfield, Benjamin, gent
• Prince, George, gent
• Spuire, Jonas, innkeeper
• Sweit, Giles, lawyer
• Thompson, Henry, alderman

Places mentioned in the case

• London
  • Furnivall Inn,
• Furnivall Inn
• Middlesex
  • Westminster
• Yorkshire, West Riding
  • Drax
  • Barley
  • Woodhouse

Topics of the case

• alderman
• allegation of tradesman status
• denial of gentility
• inns of court
• office-holding