403 Mannaton v Lampen

403 MANNATON V LAMPEN

Peirse Mannaton of Combeshead, Stoke Climsland, co. Cornwall, gent v Nicholas Lampen and William Lampen of Stoke Climsland, millers

June 1638 - February 1639

Abstract

Mannaton complained that around Michaelmas 1635 at William Cliverton's house in Stoke Climsland, Cornwall, he was assaulted by Nicholas and William Lampen. The quarrel had arisen when Mannaton claimed the remaining two pence after the bill had been paid, provoking the Lampens to strike him with their fists, saying to him, 'Thou lyest, thou art a most base cowardlie, and beggarlie capteine'. Mannaton was a captain and, latterly, lieutenant-colonel of a trained band in Cornwall in whose company the two Lampens had served for up to six years. The Lampens maintained that Mannaton first provoked them by calling one of them 'a rogue and a base fellow', and striking William Lampen to the ground with his staff. They also maintained that since the words in the libel, spoken over two years earlier, they had drunk healths to each other and Mannaton had invited them to his house at Christmas. The suit had been brought, they claimed, only because Nicholas Lampen had made an affidavit against Mannaton for money due to the king and William had taken out a warrant for good behaviour against Mannaton's brother, Richard. The case appears to have developed in two phases. The earliest dated proceedings involved a hearing of witnesses for Mannaton which took place before a commission that included Ambrose Mannaton, esq, and John Lampen, gent, on 2 August 1638, at the inn of Tristram Bowhey in Stoke Climsland. Then in October-November Dr Duck re-entered the libel on Mannaton's behalf, stating that the case was against both Lampens and he had more witnesses to examine. A second set of depositions was taken for Mannaton at the same inn on 5 January 1639 and Dr Talbot began to propound material for the defence in February; but no further proceedings survive.

Initial proceedings

Cur Mil I, fo. 264, Libel

1. Peirse Mannaton had been captain of a trained band in Cornwall for about 20 years, and was now a lieutenant-colonel. His family had been reputed gentry for up to 300 years. Nicholas and William Lampen were plebeians and had been trained band soldiers in his company for 6, 5 or 4 years.

2. Between September and November 1635 in Stoke Climsland parish, one of the Lampens said to him: 'thou lyest, thou art a most base, cowardlie and beggarlie capteine, and that I durst not come out of doores; and againe they or hee gave me the lye and laid violent hands on me', provoking him to a duel.

No date.

Signed by Arthur Duck.

Plaintiff's case

Cur Mil I, fo. 207, Letters commissory for the plaintiff

Addressed to commissioners John Harris, esq, Ambrose Mannaton, esq, John Rowe, gent, Nicholas Leech, gent, and also, John Lampen, gent, Christopher Hugh, gent, Thomas Maunder, gent, and Thomas Axford, gent, in a cause of scandalous words provocative of a duel to meet from 1 to 3 August 1638, at the inn of Tristram Bowhey in Stoke Climsland, co. Cornwall.

Gilbert Dethick assigned Thomas Payne as notary public.

Dated 19 June 1638.

Signed by Gilbert Dethick

Cur Mil I, fo. 263, First set of defence interrogatories [damaged]

'Interrogatories on behalf of William and Nicholas Lampen to be opened by the commissioners at the executing of this commission.' [Seal]

1. Was the witness a relative of Mannaton's, and if so, in what degree? Was the witness indebted to or a household servant of Mannaton's?

2. Did the witness serve in Mannaton's trained band?

3. How did the witness know what he deposed was true? Was he present when either of the Lampens spoke the words, on what day and what hour was it?

4. Did both the Lampens speak the alleged words, or which one? What did William say and what did Nicholas, 'and in what manner or order, and upon what provocation or occasion... what words from Peirce Mannaton went before'? Let the witness set down who did or said what, and in what order.

5. '*The 5^th interrogatory which is misplaced on the lower end and is interrogated on presently after the 4^th*'.

6. Had Mannaton become reconciled to both or which of the Lampens since? Had Mannaton and both the Lampens for the last 2 years 'lived and been friendly and familiar each with other and eate and drank together, and dranke to and pledged each other often or at least once afore this suite beganne'?

7. Had Mannaton said that he would not have questioned the Lampens about this incident if Nicholas Lampen had not made an affidavit against him concerning 'the collectinge of some rents and monies due unto the kinge's Majestie'?

8. Had Mannaton struck or beaten either of the Lampens?

No date.

Signed by Thomas Eden.

[Overleaf]

9. Whether the Lampens were at Cleverton's house before Mannaton, and when the words in the 2^nd article of the libel were supposedly said. Did Mannaton first provoke them by saying that they or one of them was 'a rogue and a base fellow and thrust one of them (and which of them) divers times with his hands, and did strike at them or one of them (and which of them) divers blows with fists or with a staffe or some other weapon and tumbled them or which of them on the ground'?

10. Did Nicholas Lampen 'entreat and persuade' Manaton 'to desist and forbare any further beating' of William Lampen 'being on the ground under Mr Peirce Manaton'. Did Mannaton then draw blood from either of the Lampens, 'or were their faces bloody'? 'Did they not then depart out of the house with an entent quietly to be gone'? Did Mannaton pursue them with his hunting staff, 'and break the same over their or one of their heads and afterwards followed them into the lane as they were going homewards'?

11. Did the witness know that Mannaton and the Lampens had been together in Mannaton's chamber in Mr Edgcomb's house in Launceston, where they drank together and pledged each other? Was this since the alleged words in the libel? Had the Lampens been to Mannaton's house since at Christmas and other times 'by speciall invitation and have bin bidd welcome and have eaten and drank together there'. Had they also been together at Edward Doble's house and other familiar places?

12. Did the witness know that Mannaton had said he would not have prosecuted Nicholas Lampen if he had not made 'an affidavit against him at the princes Councell table'?

13. As interrogatory 12 but concerning William Lampen.

14. 'Was not Mr Peirce Manaton contented, and how long since, to remit and release unto William Lampen all matters if he would forbeare the performance of a warrant of the good behaviour which William Lampen then had against Mr Richard Manaton his brother, and did not then undertake the same and the same warrant was accordingly forborne'?

Cur Mil I, fo. 205, Second set of defence interrogatories

1. Had the witness known, believed or heard that John Lampen of Linkinhorne, co. Cornwall, esq was reputed a gentleman from an ancient family, and whether the ancestors of John Lampen for up to 60 years had been reputed gentlemen?

2. Had the witness known, believed or heard that Nicholas and William Lampen, brothers, were gentlemen, and related to John Lampen? Were the grandfather of Nicholas Lampen and the great grandfather of John Lampen brothers?

Cur Mil I, fos.190-206, Plaintiff's depositions

Taken before commissioners Ambrose Mannaton, esq, John Rowe, Nicholas Leach, John Lampen and Thomas Axford, gents, on 2 August 1638, in the inn of Tristram Bowhey in the parish of Stoke Climsland, co. Cornwall, with Thomas Payne as notary public.

fos. 191r-194r (Witness 1), William Wills of Stoke Climsland, co. Cornwall, husbandman, born there, aged about 30

To Mannaton's libel:

1. Mannaton had been captain of a trained band in Cornwall for 20 years, and was reputed an ancient gentleman 'during all the time of [Wills'] remembrance.' For 4 or 5 years William and Nicholas Lampen had been soldiers in this trained band and were not gentlemen.

2. After Michaelmas 1635 Mannaton and the Lampens were at William Cliverton's house in Stoke Climsland. Cliverton 'was then reeve of the mannor and according to the use kept entertainment'. The bill was called for and paid, but two pence remained on the table, which William Lampen said was his. 'Mannaton said it was none of his, whereupon William Lampen told Peirce Mannaton that he did lye and *then both William and Nicholas Lampen* did stryke Peirce with their fists, and thereupon the companie then present took William and Nicholas Lampen and put them out of the house.' Then Nicholas Lampen called Mannaton 'base, beggarly, cowardly captaine and said that he durst not put out his nose out of the doors, and then Peirce Mannaton coming out of the house, Nicholas Lampen did trip up his heeles in soe much that Mr Mannaton was likely to have fallen to the ground had he not been succoured by one that stood by.' There were present George Jackman 'who is accompted a gentleman', John Haughton the younger, yeoman, William Cliverton and his wife Susan, Richard Short and Ally Short.

To Lampens's first set of interrogatories:

1. He was a household servant to Mannaton.

2. Negative.

3. The incident occurred in the hall of William Cliverton's house, at about 7pm.

5. Negative.

6. Since the incident he had one seen Mannaton in company with Nicholas Lampen and others.

7. Negative.

9. 'He saw Mr Mannaton after he was strucken by Nicholas Lampen to thrust Nicholas from him.'

10. After the incident, Mannaton went home 'with an hunting staffe in his hand, and saith that Mr Mannaton brought home the staffe broken.'

11. Since the incident he had seen William Lampen at Mannaton's house in his absence.

12. Negative.

To Lampens's second set of interrogatories:

1. 'He knoweth one John Lampen of Linkinhorne who is reputed a gentleman and descended of an ancient family and saith that during the time of his remembrance the ancestors of John Lampen have byn reputed gentlemen.'

Signed by Williams Wills [his mark], and by commissioners Rowe, Leach, Lampen and Axford.

fos. 194r-196r (Witness 2), William Cliverton of Stoke Climsland, co. Cornwall, husbandman, born there, aged about 40

To Mannaton's libel:

1. Mannaton had been captain of a trained band in Cornwall for 12 years or more, and was reputed an ancient gentleman 'during all the time of his remembrance.' For 4 or 5 years he had seen William and Nicholas Lampen exercise as soldiers in Mannaton's trained band.

2. About Allhallows 1635 Mannaton and the Lampens were in the hall at Cliverton's house in Stoke Climsland one evening. There was 'some variance' between them and Mannaton told William Lampen that he was a gentleman, to which Lampen answered 'but a base one'. When Mannaton said that he was a captain, Lampen again retorted 'but a base one'. A struggle followed 'and the heels of Mr Mannaton were tripped up at the dore of [Cliverton's] house in soe much that he had fallen to the ground had he not been succoured by [Cliverton], but by whome his heeles were so tripped up he knoweth not.' George Jackman and John Haughton the younger were also present among others. After the struggle, before he left, Nicholas Lampen told Cliverton the struggle with Mannaton was 'for the preservation of the peace.'

To Lampens's first set of interrogatories:

2. He had been a soldier in Mannaton's band for 12 years.

4. He heard Mannaton say 'he would give the first blowe, but whether it were before or after the words spoken and struckling don he knoweth not; but whether he gave a blowe or no he knoweth not.'

6-8. Negative.

To Lampens's second set of interrogatories:

1. As witness 1.

Signed by William Cliverton, and by the above four commissioners.

fo. 196r (Witness 3), Susan, wife of William Cliverton of Stoke Climsland, co. Cornwall, husbandman, lived there for 30 years, born at Lesnewth, co. Cornwall, aged about 55

To Mannaton's libel:

2. Not examined by the consent of Mannaton.

Signed by Susan Cliverton [her mark], and by the above four commissioners.

fo. 196v (Witness 4), Richard Short of Stoke Climsland, co. Cornwall, husbandman, born there, aged about 23

To Mannaton's libel:

2. About Allhallows 1635 there was a quarrel between Mannaton and the Lampens at William Cliverton's house in Stoke Climsland, co. Cornwall.

Signed by Richard Short [his mark], and by the above four commissioners.

fos. 196v-199v (Witness 5), John Haughton of Stoke Climsland, co. Cornwall, leather dresser, born there, aged about 29

To Mannaton's libel:

1. Mannaton had been captain of a trained band in Cornwall for 10 years or more, and was reputed an ancient gentleman 'during all the time of his remembrance.' William Lampen had been a trained soldier in Mannaton's band.

2. Between September and November 1635, Mannaton and the Lampens were at Cliverton's house in Stoke Climsland. There was 'a falling out' between Mannaton and William Lampen about two pence, and William Lampen said to Mannaton 'thou lyest'. George Jackman and William Cliverton were also present among others.

To Lampens's first set of interrogatories:

2. He was a soldier in Mannaton's band.

3. The quarrel was in the hall of Cliverton's house between 7pm and 10pm.

4. Before the speaking of the words, Mannaton said he had paid two pence whereupon William Lampen gave him the lie.

5. He had heard both Lampens claim that at the incident they were struck by Mannaton.

6. Since the incident he had seen Mannaton and Nicholas Lampen 'familiarly *and friendly* drinking together, and Mr Mannaton called Nicholas Godson, and Nicholas called Mr Mannaton Godfather, and *they* have drancke *unto* and pledged each other both in [Haughton's] house and other places'. He had heard Mr Mannaton 'say that he would not have to doe with Nicholas concerning the controversy for the love that he did bare unto [Haughton's] father and his daughter, the wife of Nicholas, they having been continual friends.'

7. Negative.

9. The Lampens were at Cliverton's house before Mannaton arrived.

10. After the words, the Lampens left Cliverton's house and Mannaton 'went out after them with a staffe in his hand'.

12. Negative.

To Lampens's second set of interrogatories:

1. As witness 1.

2. 'John Lampen and Nicholas and William Lampen doe call one another cozens, but of what degree of kynred they are he knoweth not.'

Signed by John Haughton, and by commissioners Rowe, Leach, and Lampen.

fos. 200r-202v (Witness 6), George Jackman of Stoke Climsland, co. Cornwall, gent, born there, aged about 48

To Mannaton's libel:

1. Mannaton had been captain of a trained band in Cornwall for about 20 years, and was reputed an ancient gentleman 'during all the time of his remembrance.' He had heard there had been knights in Mannaton's family. William Lampen had been a trained soldier in Mannaton's band, but neither William nor Nicholas Lampen were accounted gentlemen in the parish of Stoke Climsland.

2. About Allhallows 1635 Mannaton and the Lampens were at Cliverton's house in Stoke Climsland. There was a quarrel between Mannaton and William Lampen about two pence, which Mannaton said was his, whereupon William Lampen said 'thou lyest' and called him 'base beggarly cowardly captaine and said that he durst not come out of doores unto him'. Jackman added that there was then a struggle between Mr Mannaton and Nicholas and William Lampen, 'insomuch as they were all down on the ground', but Jackman 'saw no blowes given between them'. William Wills, William Cliverton, John Haughton the younger and several others were present. After Nicholas and William Lampen 'were put out of Cliverton's house Nicholas or William (but which of them he knoweth not) did call Mr Mannaton base beggarly cowardly captaine and bid him kisse his arse.'

To Lampens's first set of interrogatories:

1. He was a kinsman of Mannaton, as his grandmother was sister to Mannaton's grandfather. About 5 years ago he wore Mannaton's livery, and about 16 years ago was his household servant.

3. The words he deposed were spoken by William Lampen in the hall of Cliverton's house at 8 or 9pm.

5. Negative.

6. Mannaton said he would not sue Nicholas Lampen because of his wife's friends, and the witness had since seen them drinking together. The witness had also seen Mannaton and William Lampen drinking together since at the house of Edward Doble.

7. Negative.

9. The Lampens were at Cliverton's house before Mannaton arrived.

10. After the Lampens left Cliverton's house and had given Mannaton 'some reviling speeches (but by which of them he knoweth not)', Mannaton went out after them and 'with an hunting whipp staffe did strike at William, but, [Jackman] with his staffe taking the blowe upon his staffe, Mr Mannaton's staffe brake without any striking of William Lampen.'

11. He had seen Nicholas Lampen at Mannaton's house to buy a cow, but could not remember if it was before or after the incident.

To Lampens's second set of interrogatories:

1. As witness 1.

2. He had heard William and Nicholas Lampen claim to be of kindred to John Lampen.

Signed by George Jackman, and by the above four commissioners.

Cur Mil I, fo. 203, Notary public's certificate

Certificate in Latin signed by Thomas Payne, notary public that the examinations had been completed and were now being returned.

8 October 1638.

Notary's mark.

Cur Mil I, fo. 265, Letters commissory for the plaintiff

Addressed to commissioners John Harris, esq, Ambrose Manaton, esq, Nicholas Leech, gent, and also, William Coryton, esq, John Lampen, esq, and Thomas Maunder, gent, in a cause of scandalous words provocative of a duel, to meet on 4, 5 and 7 January 1638/9 at the inn of Tristram Bowy, in Stoke Climsland, co. Cornwall,

Gilbert Dethick assigned Obadiah Reynolds as notary public.

Dated 20 November 1638.

Cur Mil I, fos. 255-260, Further plaintiff's depositions

Taken before commissioners Ambrose Manaton, esq, Nicholas Leech, gent, in the inn of Tristram Bowhey in the parish of Stoke Climsland, co. Cornwall on 5 January 1638/9.

fos. 256r-v (Witness 1), William Wills of Stoke Climsland, husbandman, born there, aged about 30

To the libel:

1. Manaton had been a captain of a company of trained band foot for 16 years, and his ancestors were reputed gentlemen of an ancient family. William and Nicholas Lampen were both millers, not gentlemen, and were common soldiers in Mannaton's company.

2. About Allhallows 1635, he was at William Cliverton's house in Stoke Climsland when an argument broke out between Mannaton and the Lampens. The Lampens 'fell a railing on Mr Manaton and Nicholas Lampen said unto him, Thou art a base, *cowardly*, beggarly captaine and thou durst not come out of doores; and William said divers times, Thou lyest; and Nicholas Lampen also spoke the same words, Thou lyest and repeated them divers times; and both of them laide violent hands upon him drawing him to quarrel and provoking him to a duell'. George Jackman, John Hawton the younger and many others were present.

Signed by the commissioner Nicholas Leach.

fos. 256v-257r (Witness 2), John Hawton the younger of Stoke Climsland, yeoman, aged about 30

To the libel:

1. Manaton had been a captain of a company of trained band foot for 10 years or more, and his ancestors were reputed gentlemen of an ancient family. William and Nicholas Lampen were not gentlemen, and were common soldiers in Mannaton's company. They were millers 'and did usually grinde corne and oversee the milles they attended'.

2. About Allhallows 1635, Mannaton was at William Cliverton's house in Stoke Climsland with Nicholas and William Lampen when an argument broke out. 'And in a scuffle [Hawton] saw all three on the ground'. William Lampen said 'thou lyest'. George Jackman, William Cleverton and William Wills were present 'with divers others that he hath now forgotten.'

Signed by John Hawton and the commissioner Leach.

fos. 257r-v (Witness 3), George Jackman of Stoke Climsland, gent, aged about 50

To the libel:

1. Mannaton had been a captain of a company of trained band foot for 20 years, and his ancestors were reputed gentlemen of an ancient family. William and Nicholas Lampen were common soldiers in Manaton's company, and the witness 'well remembers that William Lampen hath mustered and trained under Mr Manaton these five or six years last past'. William and Nicholas Lampen were both 'countrymen and live by husbandry, and noe gentlemen, but millers as he hath heard and believes.'

2. About All Hallows 1635 he was at William Cliverton's house in Stoke Climsland when an argument broke out between Mannaton and the Lampens, 'who from words fell to scuffling and thrusting one another, insomuch as they all three were scrabbling on the ground in the floore of that house and among the distasteful passages in words betwixt them'. He remembered that William Lampen said to Mr Mannaton, 'Thou lyest and thou art a base, beggarly and cowardly captaine and darest not come forth the dores'. After the two Lampens were thrown outside, he heard similar words from one or both of them, but he could not distinguish their voices 'they being brothers*,and speaking alike*'. Also, he was not outside with them, but inside with Mannaton.

Signed by George Jackman and by the above two commissioners.

fos. 257v-258r (Witness 4), Robert Smith of Stoke Climsland, gent, aged about 68

To the libel:

1. Manaton had been a captain of a company of trained band foot 'welneere this twenty years', and that his ancestors were reputed gentlemen of an ancient family. William and Nicholas Lampen were millers, and both were common soldiers in Manaton's company as appeared in the muster books. Their father 'did intreat to be sett on husbandry worke, and was glad to be kept on worke as other poore labouring men now desire to be kept on work, after two pence and three pence the day.'

2. He was not present at William Cliverton's house when the 'difference and scuffle occurred' between Manaton and the Lampens. Cliverton told him that Mannaton was 'much wronged and abused both in words and deeds', and that William Lampen had called Mannaton 'base, cowardly and beggarly captaine, and that as he believed Mr Manaton would have had his braynes dasht out, if he, Cleverton, had not caught Mr Manaton in his armes, when as his heels were tripped up, as he believes by Nicholas Lampen.'

Signed by Robert Smith and by the above two commissioners.

fos. 258r-v (Witness 5), John Smith of Stoke Climsland, gent, aged about 36

To the libel:

1. Manaton had been a captain of a company of trained band foot 'above sixteen yeares', and that he and his ancestors had been gentlemen 'time out of mynde'. William and Nicholas Lampen were plebeians and not gentlemen. They were millers, and both were common soldiers in Mannaton's company.

2-3. Cliverton told him that Manaton was 'much wronged and abused' by both Lampens, 'in scandalous words and base deeds', and that William Lampen had called Manaton 'base, cowardly and beggarly captaine, and that he dared not come out of dores'. One of the Lampens 'struck up Mr Manaton's heeles and if he had not caught Mr Manaton in his armes he thought he would have dasht out his braynes.'

Signed by John Smith and by the above two commissioners.

fo. 258v (Witness 6), Richard Leach of Stoke Climsland, husbandman, aged about 55

To the libel:

1. Manaton had been a captain of a company of trained band foot for 20 years, and his ancestors were reputed gentlemen of an ancient family. William and Nicholas Lampen were 'countrymen now living by husbandry and heretofore millers', and both were common soldiers in Manaton's company, as the witness was also.

2. William Cliverton told him that the two Lampens 'did much wrong and abuse Mr Manaton in words and deeds and that he was sorry to see him so abused, and that it would be much worse if Cleverton had not been present.'

Signed by Richard Leach and by the above two commissioners.

fo. 259r (Witness 7), William Cleverton of Stoke Climsland, yeoman, aged about 40

To the libel:

1. Manaton had been a captain of a company of trained band foot 'at least these dozen years', and that he and his ancestors were gentlemen 'time out of mynde.' William and Nicholas Lampen were 'countrymen living by husbandry, and heretofore were millers.'

2. About Allhallows 1635, Mannaton and the Lampens were at his house where 'many words of distaste passed twixt them that he hath now forgotten', and they 'fell to grappling one another; and all three were upon the ground together before which time and after, the words that he remembers spoken by Wm Lampen unto Mr Manaton were... that he would be as good a man as he was; and Mr Manaton had replied, Why I am a gentleman; William Lampen answered, I a base one. And when Mr Manaton farther said he was a captaine, William Lampen replyed, I, a base one; there being present at least five or six that he hath now forgotten'. Mr Mannaton was abused by those words and deeds 'and his heeles were tript out by the ground.'

Signed by William Cleverton and by the above two commissioners.

fo. 259v (Witness 8), Richard Short of Stoke Climsland, husbandman, aged about 23

To the libel:

1. Mannaton had been a captain of a company of trained band foot 'ever since he can remember'. Mannaton and his ancestors were gentlemen 'before any man's memory living'. William and Nicholas Lampen were 'husbandmen and heretofore millers', and had been soldiers in Manaton's company for 7 years.

2. About Allhallows 1635, Mannaton and the Lampens were at his father-in-law, William Cleverton's house, where the Lampens abused Mannaton. Nicholas Lampen 'as he went forth the doores said unto Captaine Manaton that he was a base Captaine, there being many and sundry persons present in hearing whose names he now remembers not.' Nicholas Lampen also said that 'he did not care [for] the dust under his feet, and that he dared him to come forth the doores.'

Signed by Richard Short and by the above two commissioners.

fo. 260r (Witness 9), Susana, wife of William Cleverton of Stoke Climsland, aged about 50

To the libel:

1. Manaton had been a captain of a company of foot 'these dozen years', and that he and his ancestors were gentlemen 'long before any man living can remember'. William and Nicholas Lampen 'live by husbandry, and heretofore were millers.'

2. 'There was a meeting at her husband's house and that there fell out some difference betwixt Mr Manaton and these 2 Lampens; and she believes in her conscience that Mr Manaton had the wrong by the Lampens, but for the words and passages particular betwixt them she hath utterly forgotten.'

Signed by William Cleverton and by the above two commissioners.

fo. 260r (Witness 10), Alice Short of Stoke Climsland, aged about 19

To the libel:

1. Mannaton had been a captain of a company of trained band foot 'ever since she can remember and is a gentlemen of good rank and so have his ancestors been esteemed as she hath heard'. William and Nicholas Lampen 'are husbandmen and have been millers as she believes.'

2. 'She remembers the meeting at her father in lawe's house, and that there was some falling out betwixt Mr Manaton and these two Lampens and that Mr Manaton was wronged and abused, but the particulars of the passages in words and deeds she hath utterly forgotten.'

Signed by Alice Short her mark and by the above two commissioners.

fo. 260v (Witness 11), William Parker of Stoke Climsland, clerk and rector, parson there for 9 years, aged about 44

To the libel:

1. Mannaton had been a captain of a company of foot 'ever since he hath been parson', and Mannaton was anciently descended. William and Nicholas Lampen 'are plebeians and millers', both of whom were soldiers in Mannaton's company 'as appeareth by the muster bookes.'

Signed by William Parker and by the above two commissioners.

Cur Mil I, fo. 261, Notary public's certificate

Certificate in Latin signed by Obadiah Reynolds of Blisland, co. Cornwall, notary public that the examinations had been completed and were now being returned.

21 January 1639.

Notary's mark.

Summary of proceedings

Dr Duck was counsel for Mannaton and Dr Eden and Dr Talbot for the Lampens. On 6 November 1638 William Lampen was bound to the king for £100, and that month Dr Duck noted 'I desired a commission against both Lampens for our libel is against both and we have some witnesses yet to examine against the first. The court decreed as I desired'. On 20 November Dr Eden denied the libel, and Dr Duck was required to prove it in the next term. On 23 February 1639 Dr Duck published the testimony of Mannaton's witnesses.

Notes

Peirce Manington of Combeshed, co. Cornwall was listed in the Visitation of 1620 as having married Margery, daughter of Francis Buller. The Cornish royalist officer lieutenant-colonel Richard Mannaton may have been a relative. Ambrose Mannaton (d. 1651) was M.P. for Launceston in the Long Parliament.

J. L. Vivian and H. H. Drake (eds.), The Visitation of Cornwall in the year 1620 (Publications of the Harleian Society, 9, 1874), p. 135; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 245; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), pp. 266-7.

Documents

• Initial proceedings
  • Libel: Cur Mil I, fo. 264 (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil I, fo. 207 (19 Jun 1638)
  • First set of defence interrogatories: Cur Mil I, fo. 263 (no date)
  • Second set of defence interrogatories: Cur Mil I, fo. 205 (no date)
  • Plaintiff's depositions: Cur Mil I, fos. 190-202 (2 Aug 1638)
  • Notary public's certificate: Cur Mil I, fo. 203 (8 Oct 1638)
  • Letters commissory for the plaintiff: Cur Mil I, fo. 265 (20 Nov 1638)
  • Further plaintiff's depositions: Cur Mil I, fos. 255-60 (5 Jan 1639)
  • Notary public's certificate: Cur Mil I, fo. 261 (21 Jan 1639)
• Proceedings
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)
  • Proceedings before Maltravers: 1/13 (Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Axford, Thomas, gent
• Bowhey, Tristram, innkeeper (also Bowy)
• Buller, Francis
• Buller, Margery
• Cliverton, Susan (also Cleverton)
• Cliverton, William, husbandman (also Cleverton)
• Coryton, William, esq
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Edgcomb, Mr
• Harris, John, esq
• Haughton, John the younger, yeoman / leather dresser
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hugh, Christopher, gent
• Jackson, George, gent
• Lampen, John, esq
• Lampen, John, gent
• Lampen, Nicholas, miller
• Lampen, William, miller
• Leach, Richard, husbandman
• Leech, Nicholas, gent (also Leach)
• Mannaton, Ambrose, esq (also Mannanton, Mannington)
• Mannaton, Margery (also Mannanton, Mannington)
• Mannaton, Peirse, gent (also Mannanton, Mannington)
• Mannaton, Richard (also Mannanton, Mannington)
• Maunder, Thomas, gent
• Parker, William, rector
• Payne, Thomas, notary public
• Reynolds, Obadiah, notary public
• Rowe, John, gent
• Short, Alice
• Short, Richard, husbandman
• Smith, John, gent
• Smith, Robert, gent
• Stuart, Charles I, king
• Talbot, Clere, lawyer
• Wills, William, husbandman

Places mentioned in the case

• Cornwall
  • Blisland
  • Combeshead
  • Launceston
  • Lesnewth
  • Linkinhorne
  • Stoke Climsland

Topics of the case

• allegation of cowardice
• apparel
• assault
• civil war
• denial of gentility
• drinking healths
• drunkenness
• giving the lie
• livery
• Long Parliament
• member of parliament
• military officer
• reconciliation
• royalist
• taxation
• trained band
• weapon