400 Malett v Stokes

400 MALETT V STOKES

Thomas Malett, esq v John Stokes of Shirehampton, co. Gloucester, yeoman

June 1639

Abstract

Malett complained that on 3 October 1638 he had been affronted and challenged to a duel by Stokes, who had said 'thou base rogue Malett; come forth if thou darest for I will fight with thee'. Malett complained his reputation had suffered, but in obedience to 'his Majestie's declarations and commands, doth forbeare to take revenge thereof by waye of single combatt.' No further proceedings survive.

Initial proceedings

6/118, Petition

'Your petitioner, being a gent descended of an ancient familie was on or about the 3^rd daie of October last, in the presence and hearing of divers persons, affronted and challenged to a duell by one John Stokes of Shierhampton in the county of Glouc., yeoman, who without anie provocation given by the petitioner spake these words, Thou (meaning the petitioner) rogue, thou base rogue Malett; come forth if thou darest for I will fight with thee, with divers other disgracefull speeches, whereby the petitioner suffereth much in his reputation in his countrie. And yet, in obedience to his Majestie's declarations and commands, doth forbeare to take revenge thereof by waye of single combatt.'

Petitioned that Stokes be bought to answer.

Maltravers granted process on 18 June 1639.

Notes

Neither party appeared in the 1623 Visitation of Gloucester: J. Maclean and W. C. Heane (eds.), The Visitation of the County of Gloucester, 1623 (Publications of the Harleian Society, 21, 1885).

Documents

• Initial proceedings
  • Petition: 6/118 (18 Jun 1639)

People mentioned in the case

• Howard, Henry, baron Maltravers
• Malett, Thomas, esq
• Stokes, John, yeoman

Places mentioned in the case

• Gloucestershire
  • Shirehampton

Topics of the case

• challenge to a duel
• denial of gentility
• threatened violence