517 Peyton v Tomlinson

517 PEYTON V TOMLINSON

Walter Peyton of Marlepithall, co. Warwick, esq v Raphael Tomlinson of Sutton Coldfield, co. Warwick, butcher

June 1637 - March 1638

Abstract

Peyton, who had served as the captain of an East India Company vessel, complained that in September 1636, in Tomlinson's butcher's shop in Sutton Coldfield, Warwickshire, in the presence of Edward Yardley, gent., and Simon Brooke, yeoman, Tomlinson had said that 'Peyton, although he be a captaine, yet his beginning was a tayler, and he hath gotten his goods by unlawfull means; and, although he makes a fair outward show of honest dealinge, yet he is a notorious lyer and will say anything for his owne comoditie. I care not for him. I will say so much to his face. I will justify what I have said of him, and doe you tell him soe.' Tomlinson was at odds with Peyton over the payment of a recent tax levy, and his purchase of a calf from Peyton. He claimed in his defence that he had been provoked by Peyton's abusive speeches and threats, and that the latter had a reputation for quarrelling and litigation. Peyton took out bond to prosecute the case on 30 June 1637. Yardley and Brooke were examined as witnesses for him by a commission headed by George Pudsey, esq, 3-5 January 1638 at the inn of Edward Foster's called the Swan in Sutton Coldfield. They supported his libel, but pointed out that he was absent when the words were spoken and therefore 'thinketh it was not to provoke anie duell.' They also mentioned that Peyton had used the Court of Chivalry before in prosecuting one John Heath. Tomlinson's witnesses were due to be examined by a commission headed by William Woodbridge, gent, 29-31 March 1638 also at the Swan Inn. No further proceedings survive.

Initial proceedings

3/160, Plaintiff's bond

30 June 1637

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

Signed by Walter Peyton.

Sealed, subscribed and delivered in the presence of Humphrey Terrick.

3/139, Defendant's bond

27 September 1637

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by Raphael Tomlinson.

Sealed, subscribed and delivered in the presence of Humphrey Terrick.

EM72a, Libel

Payton's family had been gentry for up to 200 years, but Tomlinson was of plebeian stock, a butcher and an alehouse keeper.

In September 1636 in the parish of Sutton Coldfield, Tomlinson had said 'Peyton although he be a captaine yet his beginning was a tayler, and he hath gotten his goods by unlawfull means and although he makes a fair outward show of honest dealinge yet he is a notorious lyer and will say anything for his owne comoditie, I care not for him, I will say so much to his face, I will justify what I have said of him, and doe you tell him soe.'

No date.

Signed by Thomas Eden.

Plaintiff's case

EM72b, Letters commissory for the plaintiff

Addressed to commissioners George Pudsey esq, Fulke Grosvenor, esq, John Mitchell, gent, Randulph Terricke, gent, and also Edward Willoughbie, esq, John Burges, gent, William Martin, gent, and Thomas Addis, gent, to meet from 3 to 5 January 1638 at the inn of Edward Foster's called the Swan in Sutton Coldfield.

Dated 28 November 1637.

Edward Latham assigned as notary public.

Signed Gilbert Dethick.

EM72e, Defence interrogatories

'These are interrogatories given and exhibited by Raphael Thomlinson, and these are not to be opened until the witnesses are sworne, and then the witnesses are to be examined upon them.'

1. 'By what means and by whose procurement or entreaty, and for what promise or reward' had the witness come to testify?.

3. Was the witness related or dependent upon Peyton? If the witness was a servant of Peyton, what was their position and annual wage? If a tenant what was their annual rent?

4. If the witness deposed that Tomlinson spoke the words in the libel they should be asked, where, when and in whose presence, and whether Peyton was there? 'What moved Raphael Thomlinson to speake such words, and whether the words were spoken in an angry manner, and of purpose to provoke Captaine Payton to a duell with Raphael Thomlinson or otherwise to fight or quarrel with him?'

5. Did Captain Peyton 'provoake Raphael Thomlinson to speake or utter such words by other provoaking or revilinge languadge or abusive speeches or by threates, blowes or other accons?'

6. Was Captain Peyton 'not a quarrelsome or contentious man; and whether, he hath not often tymes and how often provoaked other men to rangle quarrel or fight with him; and whether hath he not thereupon taken advantage of men's words and accons and commenced suits against them?'

No date.

No signatures.

EM72c, Plaintiff depositions

(Witness 1), Symon Brooke of Sutton Parva [Sutton Coldfield], yeoman, had known Peyton for 20 years and Tomlinson for 30, aged 50

To Payton's libel:

1. Payton had been called captain for the last 15 years and taken to be a gentleman. Thomlinson had been a butcher in Sutton Coldfield and kept an alehouse there for 7 years, 'and was and is accounted one of the common sort of people, and no gentleman.'

2. About 17 September 1636 he was in Tomlinson's shop with Edward Yardeley and others buying meat, when Thomlinson said 'that although Walter Payton was a captayne yet his beginning was a taylor; and that Walter Payton had gotten his goodes unlawfullie and although hee make a fayre outward shewe of honestie yet Walter Payton was a notorious lyar, and said that Mr Payton would saye anythinge for his owne comoditie or advantage. Whereupon, this witness advising Tomlinson to take heed what he said, Tomlinson replied and said he cared not for Walter Payton. I will say soe much to his face and will justifie what I have said and doe you tell him soe.'

To Tomlinson's interrogatories:

1. He came to depose 'by vertue of a warrant from the commissioners.'

2. He was worth £40 his debts paid.

3. 'He haveth a small cottage and a piece of ground for which he payeth unto Captaine Payton twentie shillings per annum and is his tenant.'

4. The words were spoken in the afternoon 'upon occasion of a levie made, wherein Tomlinson pretended himself to bee greeved by Mr Payton. And futher saith that Raphael Tomlinson did by the words aforesaid shew that he was much offended by and angered at Walter Payton.'

5-6. Negative

Signed by Simon Brooke and by the commissioners George Pudsey, Fulke Grosvenor, John Mitchell, Randulph Terricke, Edward Willoughby, William Marten and Thomas Addies.

(Witness 2), Edward Yardley of Sutton Parva [Sutton Coldfield], co. Warwick, gent, had known Payton for 16 years and Tomlinson for 20

To Peyton's libel:

1. As witness 1.

2. 'About St Mathewes daye' 1636, he was in Tomlinson's shop and Tomlinson, aggrieved at a tax, had said of Payton that 'his beginning was but a proud taylor; and althoughe he make a fayre outward shewe yet he would lye and dissemble before his owne father if he was alive.' There were present Yardley, Brooke and 'foure or five woemen whose names he doth not nowe remember.' The rest as witness 1.

To Tomlinson's interrogatories:

1. As witness 1.

2. He was worth over £100 his debts paid.

3. Negative.

4. The words were spoken in the afternoon in Payton's absence. They 'were spoken angerlie by Tomlinson upon occacon of buying of a calfe which Tomlinson bought of Captayne Payton, and also of a levy or tax whereat Tomlinson was much greeved at. And also saith that words were spoken in the absence of Payton and therefore he thinketh it was not to provoke anie duell.'

5. Negative

6. 'He did never hear of anie suites or quarrels saveinge one suite formerly commenced in this honourable court by Captayne Payton against one John Heath.'

Signed by Edward Yardley and by the commissioners George Pudsey, John Mitchell, Randulph Terricke, Edward Willoughby, William Marten and Thomas Addies.

EM72d, Notary public's certificate

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

6 January 1638

Notary's mark.

Summary of proceedings

Dr Eden acted as counsel for Peyton and Dr Exton for Tomlinson. On 31 October 1637 the defence was required to respond to the libel. On 12 February 1638 Dr Exton related material for the defence and a commission composed of William Woodbridge, John Nye, Thomas Adyes and Robert Gorton, gents, and also George Pudsey, esq, Fulke Grosvenor, esq, Randall Terringham, and John Mitchell, gent, was appointed to examine Tomlinson's witnesses from 29 to 31 March 1638 at the Swan Inn at Sutton Coldfield. On 22 February 1638 Sir Henry Marten allowed several of Tomlinson's allegations to be admitted.

Notes

Walter Peiton of London and Sutton Coldfield, co. Warwick, married Dorothy, daughter of Thomas Stanton of Wolverton. He was the son of Henry Peiton of London and Mary, daughter of William Pickering of London. There was an extraordinary note added in the Visitation of 1619:

'This Walter travelling in the affaires of the honourable Company of the East India adventurers and returning in the yeare 1612 having carried himself with great discreation and reputacon was not longe after imployed by the said honourable Companie into those parts againe and having the Command of a ship with the charge of 100 men returned in ye yeare 1617 with great reputacon and good approbacon of the sayd honourable companie of the East India adventurers in this Visitation his age 35, 1619'.

J. Fetherston (ed.), The Visitation of the County of Warwick, 1619 (Publications of the Harleian Society, 12, 1877), pp. 277, 380.

Documents

• Initial proceedings
  • Plaintiff's bond: 3/160 (30 Jun 1637)
  • Defendant's bond: 3/139 (27 Sep 1637)
  • Libel: EM72a (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: EM72b (28 Nov 1637)
  • Defence interrogatories: EM72e (no date)
  • Plaintiff depositions: EM72c (3-5 Jan 1638)
  • Notary public's certificate: EM72d (6 Jan 1638)
• Proceedings
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)
  • Proceedings before Maltravers: 8/28 (31 Oct 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)
  • Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)
  • Proceedings before Marten: 1/5 (22 Feb 1638)

People mentioned in the case

• Addis, Thomas, gent (also Adyes)
• Brooke, Simon, yeoman
• Burges, John, gent
• Dethick, Gilbert, registrar
• Eden, Thomas, lawyer
• Foster, Edward, innkeeper
• Gorton, Robert, gent
• Grosvenor, Fulke, esq
• Heath, John
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Latham, Edward, notary public
• Marten, Henry, knight
• Martin, William, gent
• Mitchell, John, gent
• Nye, John, gent
• Peyton, Dorothy (also Payton, Peiton)
• Peyton, Henry (also Payton, Peiton)
• Peyton, Mary (also Payton, Peiton)
• Peyton, Walter, esq (also Payton, Peiton)
• Pickering, Mary
• Pickering, William
• Pudsey, George, esq
• Stanton, Dorothy
• Stanton, Thomas
• Terrick, Humphrey
• Terricke, Randulph, gent
• Terringham, Randall, gent
• Tomlinson, Raphael, butcher (also Tomlinson alias Kingsbury, Thomlinson)
• Willoughbie, Edward, esq (also Willoughby)
• Woodbridge, William, gent
• Yardley, Edward, gent

Places mentioned in the case

• Middlesex
  • Westminster
• Warwickshire
  • Marlepithall
  • Sutton Coldfield
  • Wolverton

Topics of the case

• allegation of tradesman status
• East India Company
• giving the lie
• taxation