451 Mucklowe v Skipwith

451 MUCKLOWE V SKIPWITH

Thomas Mucklowe of Areley Kings, co. Worcester, gent v William Skipwith of St Martin-in-the-Fields, co. Middlesex, gent

December 1639 - June 1640

Abstract

Mucklowe complained that in October 1639 Skipwith had said to him that he 'was a base stinking and unworthy fellowe and noe gentleman', that he came from a 'beggerly servingman', that he was 'one who lives of scrappes, and one who hathe the poxe', and that he had contracted himself in marriage to a woman who was another man's wife. Skipwith maintained he had been provoked by Mucklowe, who had assaulted him and wounded him in the arm with his sword during a brawl in Maypole Alley, Drury Lane, Middlesex. He also called him a coward and challenged him to duel. In the testimony by his witnesses, presented before Sir Henry Marten in June 1640, Skipwith challenged the integrity of Mucklowe's witnesses. Edward Hallowell, who had a King's Bench suit against Skipwith two years previously, was described as 'a man of loose and evil life and conversation'; his wife Mary was branded a whore and a thief and Elizabeth Fountaine, whom Mucklowe was to marry, was described as a prostitute anda bawd who had been prosecuted for adultery. Skipwith had won the countersuit against Mucklowe on 4 June 1640, before most of his defence depositions were taken. Mucklowe was ordered to pay £16-13s-4d in costs and damages and also to perform a submission [see cause 596].

Initial proceedings

12/3c, Libel [damaged]

In Covent Garden, Skipwith had said to Mucklowe that he 'was a base stinking and unworthy fellowe and noe gentleman, and come of... beggerly servingman and one who lives of scrappes and one who hathe the poxe and thou hast or hee ... Mucklowe hath contracted himselfe in marriage to a woman who is another man's wife, or whose husband is alive', or words to that effect.

No date.

Signed by Thomas Eden.

Plaintiff's case

14/3gg, Defence interrogatories

1. The witnesses were warned of the penalty for bearing false witness. What was the witness's age, occupation and condition? How did the witness know Mucklowe and Skipwith?

2. Did they live of their own or were they a dependant upon another? How much were they worth in goods with their debts paid?

3. Had the witness been instructed how to depose in this case? Which of the parties would they give the victory to if it were in their power?

4. Last October, had the witness seen Mucklowe 'drawe his sword and runne at William Skipwith behind; and whether had not he slaine Mr Skipwith had not Skipwith turned about upon the crye of the people and receive the blowe in his arme'? 'Was not Mr Skipwith therewith much wounded; and did not Mucklowe then also call Mr Skipwith base cowardlie rascall and tell him that he came away, and that Mucklowe would maintaine' it? 'At the same time and place, vizt. in Drury Lane did not such witness hear Mucklowe challenge Skipwith to runne away from him and that he refused to goe into the field with him; and did not he then say that Mr John Stepkin should spitt in Mr Skipwith's face and should call him coward in his own house'?

5. In case any of Mucklowe's witness deposed that Skipwith spoke the words in the libel, 'lett him sett down' exactly where, when and in whose presence such words were spoken. 'On what occasion did he speake them? Whether did not Mucklowe first use diverse words of provocation and disgrace to Mr Skipwith, or did not he assault or threaten to beat, hurt or wound Mr Skipwith' immediately before Skipwith spoke the words in the libel?

6. 'Whether he or she hath not been questioned in the High Commission court *or some other court of justice* and there pronounced guiltie of some notorious crime or offence? Let such witness express the crime for which he or she was there soe questioned and howe long since'?

7. Ask Elizabeth Fountaine whether she lived with 'Mrs Bancks, *then of Covent Garden*, commonly known to be a bawde about 12 years since; and whether she did not also live about 4 or 5 years since with one Mrs Grey in ?Golding? lane commonly accounted to be a bawde; and whether Fountaine did not then prostitute herself at those times to men as a harlot'? Had she 'within these 5 yeeres been questioned in the Commission Court for adulterie with one Turner, a merchant of London, and whether she hath not confessed the same in her answers; and whether she hath not within these 2 or one years last past been questioned in the same court for keeping of a bawdy house at Westminster'? Had she sold 'the maidenheads of her sisters Mary and Anne and Dorothie, or any one of them, and been questioned for the same'?

8. Ask Anna Rayley 'whether she be a married woman, and whether in March last was 12 month she did not in an inn at Dunstable lye with a stranger all night as his wife, being not his wife'?

9. 'Whether there have not been sutes in law between Wm Skipwith and Henry Holloway and Mary his wife. And whether Mr Skipwith hath not endeavoured to arrest him'?

10. 'Whether he or she doth not know that there hath been some treatie of marriage between Elizabeth Fountaine and Thomas Mucklowe'?

No date.

Signed by William Skipwith.

Defendant's case

14/3ii, Plaintiff interrogatories

1. What was the witness's age, occupation and condition? Where did they dwell now and where had they lived previously?

2. In what degree was the witness related to Mucklowe or Skipwith? Were they indebted to either? If so, for how much? Were they are household servant to either?

3. Were they rated in the last subsidy? If so, for how much? How much were they worth in goods?

4. Exactly where and when were the words spoken and things done? Who was present?

5. Was the witness 'present at the time of the quarrel, *and saw all* from the beginning to the ending thereof; and how and in what manner and order every thing (which he shall depose of) did pass. Did any words pass between the parties before the blowes or after'? 'If yea what were the words by whome and to whome, or of whome, spoken. Who gave the first blowe? Who gave the first ill words?'

6. 'Whether William Skipwith and his man did not both of them assault Thomas Mucklowe? Did not both of them or one of them strike, wound or hurt Mucklowe when he was downe if soe then how and in what manner'?

7. Speak the truth of what you know, believe or have heard.

Introduced 8 December 1639.

Signed by Thomas Eden.

'Mr Watson I pray accept of these interr *in paper* my man shall engrosse them tomorrow or next day and take out this copy and give you the engrossed copy.'

14/3hh, Second set of plaintiff interrogatories

1. Whether at the time that Mucklowe and Skipwith were 'fighting or striving together in the Maypoole Alley, neare Drury Lane, Francis Gray did not then stand within sight or view and see what passed between Skipwith and Mucklowe; and did not then and there Francis Gray say thus or to this effect that it was basely done of him *Skipwith* to hurt a gentleman, meaning Mucklowe, when he was downe'?

2. Whether Francis Gray 'be not very poore and a indigent person not worth anything.'

No date.

Signed by Thomas Eden.

Cur Mil 1631-1642, fos. 149r-151v, Defence deposition

fos. 149r-151v (Witness 1), Margery Young, wife of John Young of St Martin-in-the-Fields, co. Middlesex, gent, lived there for 6 years, born at Burford, co. Oxford, aged about 22

3 June 1640

To Skipwith's defence:

2. She had known Edward Hallowell for 2 years, who was 'a man of loose life much given to swearing and *excessive* drinking and curseing, and a common haunter of alehouses and taverns'. She had seen him drunk two or three times 'that he could not speake plaine and staggered as a drunken man'. He 'was a poore needy fellow', and such 'as may easily be drawne to depose untruely'.

3. She believed Hallowell was 'a great enemy to Skipwith', because she heard him say half a year ago that he would do him 'all the mischief he could and that he would hange Mr Skipwith if he could'. She heard him call Skipwith 'sharkeing fellow and base knave and used other evil speeches of him'. Afterwards, Hallowell feared Skipwith would question him over these words and so 'did absent himself for some time and could not be found.'

4. Mary Hallowell was 'a woman of little or no credit or estimaction and hath beene accused for stealing of a ringe from her sister'.

5. In the last year she had heard several times that Mary Hallowell 'railed at and reviled' Mr Skipwith.

7. She had known Alice Johnson for 4 or 5 years and 'saith that she hath been a woman of evil name and fame and hath lodged in her house woemen and wenches whoe were reputed to be notorious whores and namely one Fountayne; and somuch hath been taken notice of and reported by those that live neere unto her.'

8. Elizabeth Fountayne 'is reputed to be a notorious whore'.

9. 'Elizabeth Fountayne is verie familiarly acquainted with Thomas Mucklowe and [Young] hath oftentimes seen them together and Anne Riley, Edward Hallowell and his wife and Alice Johnson witnesses, on the behalf of Mucklowe in this cause, do depend upon Elizabeth Fountaine and have the greatest part of their maintenance from her; and do depend upon her for their livelihood and are such as [Young] believeth as Elizabeth may command.'

10. About a quarter of a year since she heard Anne Riley say that she never heard Skipwith speak any evil words to or of Mucklowe, 'onely that he was a serving man'. Anne Riley further said 'that her sister Elizabeth Fountayne had threatened her that if she would not sweare for Mucklowe she would turne her out of doors; and Anne also said that if she should depose any of the words in the libel against Mr Skipwith she would hurt her soule.'

To Mucklowe's interrogatories:

1. She had been household servant to Mr Skipwith for 7 years, and before that she lived at Burford, where she was born.

2. 'She doth not know whether she be indebted to her master Mr Skipwith, or Mr Skipwith to her.'

3. She had 'not had conference with any person touching her deposing in this cause'.

4. 'She referreth herself to what she hath before deposed.'

5. Anne Riley spoke the words above at Elizabeth Fountaine's house in Covent Garden in her sister Catherine's presence.

Signed by Margery Young.

Repeated in court before Sir Henry Marten, on 14 May 1640, and by John Longland.

Cur Mil 1631-1642, fos. 157-60, Defence depositions

fos. 156v-158v (Witness 2), Elizabeth Bishop, of St Giles Cripplegate, London, spinster, had lived there for a quarter of a year, before that for 3 years in St Martin-in-the-Fields, before that for 2 years in St Mary Acts, born in St Andrew's Holborn, aged about 25

6 June 1640

To Skipwith's defence:

2. She had known Edward Hallowell for 3 years, who was 'a man of loose and evil life and conversation much given to swearing and curseing and drunkenness, and is a common haunter of taverns and alehouses'. She had seen him several times 'that he could not stand or talk sensibly', and for such 'was commonly accompted, reputed and taken.'

3. Hallowell had been 'a great enemy to Skipwith', because in her presence he had 'railed at and reviled Mr Skipwith', saying that he was a 'sharkeing and dissembling knave and a rogue.'

4. She had known Mary Hallowell for 3 or 4 years, 'and for that time she hath had a verie evil name, and hath been reputed amongst her neighbours to be a whore and to have committed adulterie with divers persons; and it is commonly reported that she hath had the disease called the French poxe'. She was also 'much given to lying and stealing and about three years since Marie Hallowell did steale a gorgett of xliiii s price and a coife from one Mrs Some'. Bishop knew this was true because half a year after Hallowell stole them, the items were found with her and she wore a coife. Bishop was then a servant to Mrs Some, who made her pay ten shillings 'towards the loss of the same.'

5. In the last year she had heard several times that Mary Hallowell 'railed at and reviled' Mr Skipwith, and bore him an 'evil will'.

6. She had known Elizabeth Stutevile for 2 years, who was 'accompted a woeman of a lewd life and conversation, a common whore and a woeman of noe credit.'

7. She had known Alice Johnson for 5 or 6 years, who was suspected by her neighbours of keeping a bawdy house. Elizabeth Stutevile lodged at Johnson's house and they 'kept company together at taverns and playhouses'.

8. She had known Elizabeth Fountayne for 4 or 5 years, who was 'reputed and taken to be a notorious whore and a woman of evil life'.

9. Elizabeth Stutevile, Marie Halloway and Alice Johnson 'are all intimate acquaintances with and doe depend upon Elizabeth Fountaine.'

To Mucklowe's interrogatories:

1. She was servant to Mrs Kirton who lived with Mrs Gray at her house in Golding Lane, London.

2. Negative.

3. Mr Skipwith 'wished her depose the truth and nothing but what she knew to be true.'

4. 'She referreth herself to what she hath before deposed and for her parte knoweth not what capitall enmitie is.''

Signed by Elizabeth Bishop [her mark]

Repeated in court before Sir Henry Marten, on 2 May 1640, and in the presence of John Longland.

fos. 159r-v (Witness 3), Thomas Harper of St Margaret in Westminster, tailor, where he had lived for 7 years, and before that in St Clements Danes for one year, born in Bitterley, co. Salop, aged about 40

5 June 1640

To Skipwith's defence:

6. He had heard much of Elizabeth Stutevile who lived around Drury Lane, who was a woman of 'lewd and incontinent life, and for that cause she is deserted and forsaken of her husband, and for a woman of ill name and fame', and taken as 'a woman of no credit or reputation'.

7. He had known Alice Johnson for 8 years, 'he being a taylor and often working to her house'. Johnson had often 'given entertainment to Mrs Fountaine and others, persons generally suspected for incontinent and lewd living, *and one or more of them hath been privately brought to bed in her house'. Johnson had been 'commonly famed and reputed' to 'live incontinently and to be kept and maintained by company that resort to her in a dishonest way'.

8-9. He had known Mrs Fountaine for 6 years, who was 'commonly accounted and reputed among her neighbours to be a common prostitute whore; and that she hath kept two of her sisters with her, who when they came to her came in very meane and poor sort and habitt, and were of a sudden raysed by Mrs Fountaine's meanes and acquaintance, as [Harper] believeth to a great height of rich and costly apparel; and of the adulterous and incontinent life of Elizabeth Fountaine alias Ryley there hath been for all the time and is, a generall voice, fame and report in the place where she liveth.'

9. As witness 2.

To Mucklowe's interrogatories:

1. Until he came to London 8 years ago, he lived in Milberstoke [Stoke St Milborough] and Bitterley, co. Salop.

2-3. Negative.

Signed by Thomas Harper

Repeated in court before Sir Henry Marten, on 24 June 1640, and in the presence of John Longland.

fos. 156v-158v (Witness 4), Alice Harper, wife of Thomas Harper of St Margaret's, Westminster, where she had lived for 7 years, and in St Clements Danes for a year, and before that in St Martin-in-the-Fields, born in the city of Worcester, aged about 55

6 June 1640

To Skipwith's defence:

6. In the last 8 years, she had often seen Elizabeth Stutevile with Alice Johnson 'and saith that in her former husband's time she kept a tobacco shop'. Stutevile was accounted by her neighbours to be a woman of 'lewd and incontinent life, and a common whore and frequenter of bawdy houses and a woman much given to drunkenness; and for such her lewd carriage and behaviour her now husband Stutevile hath forsaken her and liveth apart from her; and for an infamous woman and lewd conversation she hath been commonly accompted and taken.'

7. She had known Alice Johnson for 16 years, for which time she had been accounted 'a notorious whore and a bawd, and hath kept a bawdy house for the greatest part of the said time, and did and doth entertain very lewd and wicked company in her house as [Harper] hath often heard and believeth'. She 'hath often heard Josias Elcock the first husband of Alice Johnson complain to her and others of his wive's lewd behaviour, and that she did live in adultery with a player who did constantly frequent her company in her first husband's time'. In her widowhood, Harper laundered some linen for lodgers in Alice Johnson's house, 'and by that meanes came to heare and be informed of the quality of Alice Johnson and the rest of them in the house.'

8-9. She had known Elizabeth Riley alias Fountaine for 13 years, at the beginning of which time she was a washer woman to the house where Fountaine was a servant. She had heard that Fountaine had been a whore for a dozen years, and a woman of 'lewd and incontinent behaviour and life'. She had also heard that Fountaine took one of her sisters 'from where she [was] apprentice about Queenhith and brought her up to a lewd and incontinent life in her house with her'.

To Mucklowe's interrogatories:

1. She was servant to the Countess of Ormond for 8 years, 'and was maryed out the said house, and hath lived in and about London from her childhood.'

2-3. Negative.

Signed by Alice Harper [her mark]

Repeated in court before Sir Henry Marten, on 24 June 1640, and in the presence of John Longland.

Cur Mil 1631-1642, fos. 169v-170r, Defence deposition fos. 169v-170r (Witness 5), John Rand of St Bridget alias St Brides, London, gent, lived there for 8 years, had known Skipwith for 5 years, born at Birchanger, co. Essex, aged 46

10 June 1640

To Skipwith's defence:

1-5. About a year ago, Skipwith employed some bailiffs to arrest one Hallowell 'which he taketh to be Edward Hallowell near Drury Lane London'. Hallowell's wife then gave Skipwith 'many evil speeches', but he could not remember what words were used. He thought Mary Hallowell was 'very malicious and invective against Mr Skipwith.'

To Mucklowe's interrogatories:

1. 'He is a solicitor at law'.

No signatures.

Cur Mil 1631-1642, fos. 172v-174v, Defence deposition fos. 172v-174v (Witness 6), John Utting of St Anne alias Agnets, Blackfriars, London, tailor, lived there for about 5 years, had known Skipwith for 5 years, born at Shatsham [Shotesham], co. Norfolk, aged 36

10 June 1640

To Skipwith's defence:

1-3. He had known Edward Hallowell for a year and a half, who was reputed 'a man of dissolute life, much given to swearing and drinking and a common haunter of taverns and alehouses, a great company keeper, and hath noe house or certaine place of abode and is maintained by Elizabeth Fountayne and other people of lewd life and such as are reputed whores, and is such a man as he verily believeth doth not make any conscience of an oath, and is a man to whose testimonie as he verily believeth noe credit is to be given, and for such a man Hallowell is accompted, reputed and taken'. 'Hallowell is a great enemie to Mr Skipwith... for Hallowell hath expressed such in his speeches, and particularly about a twelvemonth since at the Dagger in Drury Lane', where in the witness's presence, he called Mr Skipwith 'Rogue and Knave, and said Mr Skipwith lived by cozening.'

4. He had heard it reported that Mary Hallowell was 'a woman of lewd life and conversation and hath been a whore'.

5. 'At several times within this twelve month last past he hath heard Mary Hallowell at her sister Elizabeth Fountaine's house use many evil speeches against Mr Skipwith.'

7. He had known Alice Johnson for 7 years who was reputed a whore and keeper of a bawdy house.

8. He had known 'Elizabeth Riley alias Fountayne' for over 7 years. She was reputed a 'notorious and common whore, and he hath seen her in bed with a man who was not her husband; and it hath been a common and publique report that within the time aforesaid she hath been a bawd unto two of her sisters.' He knew this was true because Dorothy, one of Fountaine's sisters, told him that her sister 'Elizabeth Fountayne did solicite, entice and move her to be a whore'. About seven years ago, Elizabeth Fountaine 'was questioned for adulterie with one Turner.'

9. In the last year he had seen a man at Elizabeth Fountaine's house, whom he was told was Mucklowe. He had also been told by Elizabeth Fountaine's sisters and by one of Fountaine's servant maids, that 'Thomas Mucklowe did come as a suitor to Elizabeth Fountayne for marriage'. 'Anne Riley, Alice Johnson, Edward Holloway and his wife do all depend upon Elizabeth Fountayne; and Elizabeth doth command them and, as he believeth, they or either of them dare not displease her.'

To Mucklowe's interrogatories:

1. He had lived in London for 12 years and was a tailor. Before then he lived in Norfolk, near Norwich.

2-3. Negative.

4. He could not depose of capital enmity between Mr Skipwith and any of the witnesses, but only he heard them utter 'the evil speeches before deposed'.

5. About 7 years ago, he lived with Elizabeth Fountayne as her household servant; and when he entered her service 'he did think she had been an honest woman'.

Signed by John Utting.

Repeated in court before Sir Henry Marten on the day above.

Cur Mil 1631-1642, fos. 195v-197r, Defence deposition fos. 195v-197r (Witness 7), Elizabeth Davies of St Dunstan-in-the-West, London, wife of Richard Davies of the same parish, barber, born in St Martin-in-the-Fields, co. Middlesex, aged 25

19 June 1640

To Skipwith's defence:

7. She had known Alice Johnson for 8 or 9 years who was 'accompted reputed and taken to be a woman of a lewd life and conversation and one that hath lodged in her house notorious whores; and about two years since a whore, whose name was *Elenor Longmore*, was brought to bedd *of a bastard child* in Johnson's house'. 'For a woman of lewd life, and one that hath lived as a bawd, Johnson hath been and is commonly accompted, reputed and taken.'

8. She had known Elizabeth Fountaine for 3 years, who was also reputed a 'notorious and common whore, and a woman that hath lived and doth live lewdly'.

9. About a year ago Christopher Riley, the brother to Elizabeth Fountaine told the witness that Mucklowe and Fountaine 'were acquainted and did much frequent and keepe company with each other'. Riley also claimed to her that Fountayne had threatened to turn him out of doors, and had persuaded him 'to forswear himself, and swear more than was true, against Mr Skipwith'. 'Presently afterwards Riley did travaile', and told the witness he did so because 'he could not be quiet for his sisters soliciting him to sweare himself against Mr Skipwith untruly.'

To Mucklowe's interrogatories:

1. She was wife to Richard Davies, barber 'and liveth by her labour'. Before she lived in St Dunstan's parish, she lived in Drury Lane.

2-3. Negative.

5. Christopher Riley spoke the words to her in the kitchen of Mr Skipwith's house. Nobody was present but Christopher and her.

Signed by Elizabeth Davies [her mark]

Repeated in court before Sir Henry Marten on 24 June 1640, in the presence of John Longland.

Cur Mil 1631-1642, fos. 199v-202v, Defence depositions fos. 199v-200v (Witness 8), Owen Ellis, servant to Edward Cooper 'of Harford Castle in the County of Harford, esq', for about a quarter of a year, before that he was servant to Captain Skipwith, the defendant, born in Anglesey, aged 23

20 June 1640

To Skipwith's defence:

2-3. He had known Hallowell for about a year and believed Hallowell was a 'great enemy to Captaine Skipwith, because several times within the last half year at the Unicorn in Covent Garden near Russell Street he heard him 'much revile Captaine Skipwith, and said Mr Skipwith was a base sharking fellowe and lived by sharkinge and cheatinge upp and downe.'

4. He had heard Mary Hallowell had been a whore 'and hath heretofore lived lewdly.'

8. He had known Elizabeth Fountayne for a year, and that the 'common and publique report' was 'that she hath been a whore and played the whore and lived lewdly'. He had heard that Mucklowe was a suitor for Elizabeth's sister's hand in marriage.

10. At Elizabeth Fountayne's house last February, Mr Skipwith, in the hearing of this witness and John Skipwith, asked Anne Riley 'what words she heard Mr Skipwith speak concerning Thomas Mucklowe'. Riley answered that she heard Skipwith say that Mucklowe 'was a serving man and had therefore lost his title of gentleman; but said that she heard Mr Skipwith speak no other words of him.'

To Mucklowe's interrogatories:

1. He lived about London for 9 or 10 years and before that on Anglesey, where he was born.

2-3. Negative.

4. 'He conceiveth enmitie to be hatred and malice, and when one man indeavoureth to do another injury and mischief.'

Signed by Owen Ellis.

Repeated in court before Sir Henry Marten on 20 June 1640, in the presence of John Rainshawe.

fos. 201r-202v (Witness 9), Henry Courney of St Martin-in-the-Fields, co. Middlesex, gentleman, lived there for about 4 years, born in Hastingleigh, co. Kent, aged about 46

20 June 1640

To Skipwith's defence:

2-3. He had known Edward Hallowell for 3 years who was 'something given to drinking'. He had often heard Hallowell revile Skipwith, and say that he was 'a base fellow and a knave'. There was a suit in the King's Bench 2 years ago between Skipwith and Hallowell. For these reasons he believed that Hallowell was an enemy to Skipwith.

5. Within the last 2 years, he had heard Mary Hallowell 'express great enmitie and hatred toward Mr Skipwith', and had heard her use 'many railing and reviling speeches' against Mr Skipwith. He believed 'she would indeavour as much as in her lay to doe Mr Skipwith any injury.'

6. He had known Elizabeth Stutevile for 6 or 7 years, during which time she was reputed to be a whore, and was 'a great frequenter of taverns and playhouses'. She was known 'for an infamous person and a person of evill name and fame'. She had sometimes been known by the name of Cheney, and sometimes by Stutevile.

7. He had known Alice Johnson for 12 years, during which time she had lodged in her house 'women of lewd life and conversation'.

8-10. 'He cannot depose anything'.

To Mucklowe's interrogatories:

1. 'He is one of the clarkes of the Exchequer, and that he lived at the Inner Temple before he came to live at Covent Garden'.

2-3. Negative.

4. 'That he conceiveth capitall enmitie to be when one man endeavours by all meanes possible to ruine another.'

Signed by Henry Courney.

Repeated in court before Sir Henry Marten on 20 June 1640, in the presence of John Rainshawe.

Cur Mil 1631-1642, fos. 208v-209v, Defence deposition fos. 208v-209v (Witness 10), Thomas Harrison of St Giles-in-the-Fields, co. Middlesex, vintner, lived there for 20 years, born at Stamford, co. Lincoln, aged about 53

24 June 1640

To Skipwith's defence:

6-7. He had known Alice Johnson for 3 or 4 years, and Elizabeth Stutevile for a quarter of a year. Both were reputed in the parish of St Giles-in-the Fields 'to be idle people, and Johnson had been seen to keep a disorderly house and to entertaine lewd people.' In August last he was a churchwarden, 'and going about the parish to see that good order were kept, did find Alice Johnson and Elizabeth Stutevile sitting at the door of Johnson's house; and the constable did admonish Johnson and Stutevile to go to church, and told them it was more fit for them to be at church than to sit at the dore in the street in time of divine service, and Johnson and Stutevile gave the constable evill language. And he did present Johnson and Stutevile for their misdemeanour and evil language before the ordinarie of the place who did enjoyne them submission, *as he believeth*, and afterwards upon acknowledgement of their faults and misdemeanours released them.' The witness took them to 'be people of little or noe credit.'

Signed by Thomas Harrison.

Repeated in court before Sir Henry Marten, lieutenant, 26 June 1640, in the presence of John Longland.

To Mucklowe's interrogatories:

1. He was a vintner by trade.

2. Negative.

3. A fortnight ago, Mr Skipwith served him with 'a compulsorie to come to be a witness in this cause and then asked him what he could say touching Johnson and Stutevile. He related unto him the effect of what he hath before deposed.'

5. There were 4 or 5 present when Johnson and Stutevile sat at the door in the street, 'and namely one Mr Longley and one Mr Butler.'

Signed by Thomas Harrison.

Repeated in court before Sir Henry Marten, lieutenant, 26 June 1640, in the presence of John Longland.

Summary of proceedings

Dr Eden was counsel for Mucklowe and Dr Duck for Skipwith. On 4 February 1640 Dr Eden petitioned for the witnesses to be examined.

Notes

Thomas Mucklow was the fifth son of Simon Mucklow of Areley Kings and Thomasin, daughter of George Boord of Boord Hill in Cuckfield, co. Sussex.

A. T. Butler (ed.), The Visitation of Worcestershire, 1634 (Publications of the Harleian Society, 90, 1938), p. 72.

The Skipwiths were a large Lincolnshire gentry family with many lines and branches that included several William Skipwiths at this time. This William Skipwith was probably the royalist lieutenant-colonel of horse in the regiment of Colonel Peregrine Berty. He was possibly the son of Sir Henry Skipwith, with whom on 1 April 1636, he was licensed to alienate an estate in Prestwold, co. Leicester, to Anthony Samwell, esq, and his wife, Anne. Earlier, on 1 May 1627, Samuel, William and David Skipwith, gents, had been licensed to alienate 230 acres of land in Utterby, co. Lincoln, to Sir Francis South and others on the marriage of David Skipwith with Frances, daughter of Sir Francis South.

A. R. Maddison (ed.), Lincolnshire Pedigrees, vol. 3 (Publications of the Harleian Society, 52, 1904), pp. 889-897; J. Fetherston (ed.), The Visitation of the County of Leicester in the year 1619 (Publications of the Harleian Society, 2, 1870), p. 66; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 343; J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-1640 (List and Index Society, special series, 36, 2004), part 3, pp. 559, 694.

Documents

• Initial proceedings
  • Libel: 12/3c (no date)
• Plaintiff's case
  • Defence interrogatories: 14/3gg (no date)
• Defendant's case
  • Plaintiff interrogatories: 14/3ii (8 Dec 1639)
  • Second set of plaintiff interrogatories: 14/3hh (no date)
  • Defence deposition: Cur Mil 1631-42, fos. 149-51 (3 Jun 1640)
  • Defence depositions: Cur Mil 1631-42, fos. 157-60 (6 Jun 1640)
  • Defence deposition: Cur Mil 1631-42, fos. 170 (10 Jun 1640)
  • Defence deposition: Cur Mil 1631-42, fos. 172-4 (10 Jun 1640)
  • Defence deposition: Cur Mil 1631-42, fos. 195-7 (19 Jun 1640)
  • Defence depositions: Cur Mil 1631-42, fos. 199-202 (20 Jun 1640)
  • Defence deposition: Cur Mil 1631-42, fos. 208-9 (24 Jun 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Bancks, Mrs
• Berty, Peregrine
• Bishop, Elizabeth, spinster
• Boord, George
• Boord, Thomasin
• Butler, Mr
• Butler, Elizabeth, countess of Ormond
• Cooper, Edward, esq
• Courney, Henry
• Davies, Elizabeth
• Davies, Richard, barber
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Elcock, Josias
• Ellis, Owen
• Fountaine, Dorothy (also Fountaine alias Ryley)
• Fountaine, Elizabeth (also Fountaine alias Ryley)
• Gray, Francis
• Gray, Mrs (also Grey)
• Hallowell, Edward
• Hallowell, Mary
• Harper, Alice
• Harper, Thomas, tailor
• Harrison, Thomas, vintner
• Holloway, Henry
• Holloway, Mary
• Howard, Henry, baron Maltravers
• Johnson, Alice
• Kirton, Mrs
• Longland, John
• Longley, Mr
• Longmore, Elenor
• Marten, Henry, knight
• Mucklowe, Simon, gent
• Mucklowe, Thomas, gent
• Mucklowe, Thomasin
• Rainshawe, John
• Rand, John, gent
• Rayley, Anna (also Riley)
• Riley, Catherine
• Samwell, Anne
• Samwell, Anthony, esq
• Skipwith, David, gent
• Skipwith, Henry, knight
• Skipwith, John
• Skipwith, Samuel, gent
• Skipwith, William, gent
• Some, Mrs
• South, Frances
• South, Francis, knight
• Stepkin, John, Mr
• Stutevile, Elizabeth
• Turner, merchant
• Utting, John, tailor
• Young, John, gent
• Young, Margery

Places mentioned in the case

• Bedfordshire
  • Dunstable
• Essex
  • Birchanger
• Kent
  • Hastingleigh
• Leicestershire
  • Prestwold
• Lincolnshire
  • Stamford
  • Utterby
• London
  • Golding Lane
  • Inner Temple
  • Queenhithe
  • Russell Street
  • St Anne alias Agnets, Blackfriars
  • St Bridget alias St Bride's
  • St Dunstan-in-the-West
  • St Giles Cripplegate
  • St Mary Acts
• Middlesex
  • Covent Garden
  • Maypole Alley, Drury Lane
  • St Andrew's, Holborn
  • St Clement Danes
  • St Giles-in-the Fields
  • St Margaret, Westminster
  • St Martin-in-the-Fields
• Norfolk
  • Shotesham
• Oxfordshire
  • Burford
• Salop / Shropshire
  • Bitterley
  • Stoke St Milborough
• Sussex
  • Cuckfield
• Wales
• Worcestershire
  • Areley Kings
  • Worcester

Topics of the case

• allegation of cowardice
• apparel
• assault
• challenge to a duel
• churchwarden
• denial of gentility
• drunkenness
• High Commission
• inns of court
• King's Bench
• military officer
• office-holding
• other courts
• royalist
• sexual insult
• spitting
• weapon