523 Plunkett v Tomlinson

523 PLUNKETT V TOMLINSON

Captain Thomas Plunkett v George Tomlinson of St Clement Danes, London, vintner

January - April 1638

Abstract

Captain Plunkett complained that Tomlinson had affronted a Spanish colonel during a scuffle in Tomlinson's house in January 1638, for which the Earl Marshal had him committed to the King's Bench prison. Tomlinson acknowledged his fault and petitioned for release. In April he also signed a quitclaim discharging Plunkett from all Tomlinson's lawsuits against him, especially his complaint in King's Bench that Plunkett had injured him in the brawl in January.

Submission

EM101, Defendant's petition

'Your petitioner stands committed by your lordship to the King's Bench for indiscreete and unadvised arrestinge of Captayne Plunkett upon an accon, for which the Captayne had voluntarily offered him satisfaction and for a great affront and publique disgrace putt upon a Spanish Collonell beinge in company with Capt. Plunkett by occasion of some disorder in the petitioner's house, for which the petitioner is now heartily sorry, and doth here voluntarily and withal humilitie acknowledge your lordship's justice in his commitment, and that he hath justly deserved the punishment inflicted upon him. Humbly beseeching your lordship that in regard he is a poor young married man, lately sett up of his trade (which suffers extremely by his imprisonment), and hath a wife and great family depending upon him; and also for that his creditors (fearing this wilbe his ruyne) use extremitie to call in their debts, by all which your petitioner is likely to be utterly undone, your lordship wilbe pleased to accept of this his heartie submission, and to give order for his enlargement. And your petitioner will release his action brought against the Captayne upon his like release to your petitioner. And pray for your lordship's happiness.'

No date.

Signed by George Tomlinson.

EM102, Quitclaim of Tomlinson

'Know all men by these presents hat I, George Tomlinson, of the parish of St Clements Danes in the county of Middlesex, vintner, doe here freely and voluntarily acquit, release and discharge Captaine Thomas Plunkett of all manner of accons, suites, debts, trespasses, of what nature or kind soever, from the beginning of the world to the day of the date hereof, which I may or can have in any court of justice, or else where, to the prejudice of Captaine Plunkett. And I do hereby further promise and bind myselfe to take up and forever hereafter surcease the prosecution of that suite which I have already commenced against Captaine Plunkett in his Majestie's court of King's Bench, upon unjust pretence that the Captaine had injured mee in January last upon the occacon of a braule that happened in my house about the same time. In witnesse whereof I have hereunto put my hand and seale this seaventh day of Aprill 1638.'

Signed by George Tomlinson [seal].

Signed and sealed in the presence of Edward Coxe, Christopher Welaby.

Notes

Neither party appeared among the Visitations of London: J. Jackson Howard and J. L. Chester (eds.), The Visitation of London, 1633, 1634 and, 1635, vol. I (Publications of the Harleian Society, 15, 1880); J. Jackson Howard (ed.), The Visitation of London, 1633, 1634 and, 1635, vol. II (Publications of the Harleian Society, 17, 1883); J. B. Whitmore and A. W. Hughes Clarke (eds.), London Visitation Pedigrees, 1664 (Publications of the Harleian Society, 92, 1940).

Documents

• Submission
  • Defendant's petition: EM101 (no date)
  • Quitclaim: EM102 (7 Apr 1638)

People mentioned in the case

• Coxe, Edward
• Howard, Thomas, earl of Arundel and Surrey
• Plunkett, Thomas, captain
• Tomlinson, George, vintner
• Welaby, Christopher

Places mentioned in the case

• London
  • King's Bench prison
  • St Clement Danes

Topics of the case

• assault
• imprisonment
• King's Bench
• military officer
• other courts