52 Blayney v Price alias Rees

52 BLAYNEY V PRICE ALIAS REES

Arthur Blayney of Gregynog Hall, Tregynon, co. Montgomery, esq v John Price alias Rees of the same

June 1639 - December 1640

Abstract

Blayney, the second son of Edward, Lord Blayney, Baron of Monaghan in the Peerage of Ireland, petitioned that on Whitsunday 1639 in a crowded street in Tregynon, Montgomeryshire, Price alias Rees said to his servant, John Jones, 'I care not a fart for thy master, nor any of the generacon of the Blaneys, nor any man that ever came out of Ireland, and I serve a better man then thy master'. Price also, allegedly, threatened to 'knocke the proud curled pate', referring to Blayney. In his defence, Price claimed that Jones had taunted him about a letter he had written to Sir John Price and also assaulted him. Process was granted on 22 June 1639 and Blayney won the case. By 29 July 1640 Price had been ordered to make a submission, and pay to Blayney one hundred marks in damages and £20 in costs.

Initial proceedings

7/54, Petition to Maltravers

'Your petitioner is second sonne of Edward late Lord Blaney, Baron of Monaghan within the Realme of Ireland, and that one John Price alias Rees without any cause or provocacon given or offered him by your petitioner did upon Whitsunday last in Tregynon in the county of Montgomery in the open street there and in the presence and hearing of many people utter and speake these words of your petitioner to one John Jones a servant of your petitioner's, vizt. 'I care not a fart for thy master, nor any of the generacon of the Blaneys, nor any man that ever came out of Ireland, and I serve a better man then thy master' and further said 'to morrow in the morninge I will knocke the proud curled pate', meaninge your petitioner with divers other undervaluinge and provokinge speeches'.

Process granted by Maltravers, 22 June 1639

6/77, Plaintiff's bond

24 June 1639

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

Signed by Andrew Blayney of Westminster, co. Middlesex gent, on behalf of Arthur Blayney.

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

Plaintiff's case

14/3ee, Defence interrogatories

1. Was the witness family, servant, tenant, or in any way indebted to Blayney?

2. In case any witness deposed the words in the libel, they were to answer what was said before and after, when and in whose presence, upon what occasion, and where?

3. Did he, or his fellow witnesses, strike Price with a sword or cudgel at the time of 'the pretended speaking of the words'? Had the witnesses recently been in the house or yard of George Hibots, a victualler in Tregynon parish?

4. Did the witness John Jones tell Price, 'that his Master and Mr John Blayny ...would make the defendant repent him that he carried a letter to Sir John Price; and that Sir John Price and the nowe plaintiff were friends', leaving the defendant 'in the durt'. Did John Jones 'in a very furious manner assault and beate' Price in the street at Tregynon before Price said anything to Jones?Did not Price entreat Jones to be quiet and not to fight any longer?

Introduced 2 December 1639.

Signed William Lewin.

Submission

5/132, Defendant's bond of submission

29 July 1640

John Price was to pay 100 marks for damages and £20 for costs to Blayney and to certify the performance of his submission.

Signed by John Price, James Evans and Lewis Evans.

Signed, sealed and delivered in the presence of John Watson and John Longland.

Summary of proceedings

Dr Duck acted as counsel for Blayney, and Dr Gwyn and Dr Lewin for Price. On 4 February 1640, the witnesses were warned to submit to examination. Dr Duck petitioned that the testimony of Blayney's witnesses should be published and Dr Gwyn related material for the defence. On 4 December 1640, Dr Gwyn alleged that Price's sureties had paid the £20 for expenses. Price's submission was to be made before next Easter.

Notes

Arthur Blayney was the second son of Sir Edward Blayney, Baron Blayney of Monaghan in the Peerage of Ireland, and Ann, daughter of Adam Loftus, archbishop of Dublin. He became a lieutenant-colonel and commissioner of array in the royalist army and was knighted at Oxford on 9 November 1643. His seat of Gregynog Hall was in the parish of Tregynon, four miles northwest of Newtown, co. Montgomery. His eldest son, John Blaney, was also a royalist in arms.

P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), pp. 32-3.

Documents

• Initial proceedings
  • Petition to Maltravers: 7/54 (22 Jun 1639)
  • Plaintiff's bond: 6/77 (24 Jun 1639)
• Plaintiff's case
  • Defence interrogatories 14/3ee (2 Dec 1639)
• Submission
  • Bond on submission: 5/132 (29 Jul 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Blayney, Andrew, gent (also Blaney)
• Blayney, Ann (also Blaney)
• Blayney, Arthur, esq (also Blaney)
• Blayney, Edward, knight (also Blaney)
• Blayney, John, gent (also Blaney, Blayny)
• Duck, Arthur, lawyer
• Evans, James
• Evans, Lewis
• Gwyn, Thomas, lawyer
• Hibots, George, victualler
• Howard, Henry, baron Maltravers
• Jones, John, servant
• Lewin, William, lawyer
• Loftus, Adam, archbishop of Dublin
• Longland, John
• Price, John, knight
• Price alias Rees, John
• Watson, John

Places mentioned in the case

• Montgomeryshire
  • Gregynog
  • Newtown
  • Tregynon
• Ireland
  • Dublin
  • Monaghan
• Middlesex
  • Westminster
• Wales

Topics of the case

• archbishop
• assault
• comparison
• military officer
• royalist
• scatological insult
• undermining before subordinates