596 Skipwith v Mucklowe

596 SKIPWITH V MUCKLOWE

William Skipwith of St Martin-in-the-Fields, co. Middlesex, gent v Sir Thomas Littleton of St Martin-in-the-Fields, co. Middlesex, knt, Thomas Mucklowe of Areley Kings, co. Worcester, gent, Francis Foster of St Dunstan-in-the-West, London, surgeon, and John Stepkin, gent

November 1639 - June 1640

Abstract

Captain Skipwith had served in the Palatinate under Lord Vere and had been a gentleman in the queen's service for 10 years. He complained that Mucklowe 'drew his sword, and ran at me behinde, and had slayne me, but that I turned about on the cry of the people and received the blowe in my arme, where with I was sore wounded'. He claimed that Mucklowe then said 'I was a base cowardlie rascall' who refused to fight with him, 'that I ranne away and he would maintaine it' and that 'one Mr John Stepkin should spit in my face and should call me coward in my owne house.'

Initial proceedings

2/162, Plaintiff's bond

22 November 1639

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

Signed by William Skipwith.

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

2/153, Defendant's bond

27 November 1639

Signed by Thomas Mucklowe.

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

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

2/89, Defendant's bond

7 December 1639

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

Signed by Francis Foster.

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

20/3p, Libel

The libel preamble styled Mucklowe not as a gentleman, but as a household servant to Littleton.

1. Skipwith had been a gentleman in the queen's service for 10 years, and for 6 or 7 years had served in the Palatinate under the general Lord Vere. His family had been gentry for up to 300 years, many of whom had been knights.

2. Last October in Drury Lane, in the parish of St Martin-in-the-Fields, Mucklowe 'drew his sword, and ran at me behinde, and had slayne me, but that I turned about on the cry of the people and received the blowe in my arme, where with I was sore wounded; and then also said I was a base cowardlie rascall and that I ranne away and he would maintaine it.'

3. Afterwards Mucklowe said in the presence of several gentlemen 'that I ranne away from him and refused to go into the fields with him and that one Mr John Stepkin should spit in my face and should call me coward in my owne house.'

4. Last October, Francis Foster in St Clement Danes, co. Middlesex, said 'that I was a base gentleman and lived basely and did hurt Thomas Mucklowe cowardlie, and that I was a base and unworthy man.'

5. On 16 November or thereabouts, in court, in the presence of noble lords and gentlemen, Sir Thomas Littleton 'said that I was a coward, a base conditioned man, that he had kept many better men then I, and that Mucklowe was one of them; and that I had ranne away out of the field.'

6. These words from Mucklowe, Foster and Littleton were provocative of a duel.

No date.

Signed by Arthur Duck.

Defendant's case

Cur Mil 1631-1642, fos. 98r-100v, Defence depositions

fos. 98r-v and 100r (Witness 1), Jane Ford of St Clement Danes without Temple Bar, London, had been wife of Stephen Ford, tailor for over 8 years, born there, aged about 36

To Mucklowe's defence:

1. On a Saturday around last October she was in a house near Drury Lane when she heard a noise in the street. She went out and saw a man, 'whom she hath since seen and heard was Mr Skipwith's man with a sword drawne in his hand and held by some men and presently afterwards getting loose from those that held him ran at Mr Mucklowe... but his sword hit against a wall, so that he did not hit him; and afterwards Mr Skipwith's man did make one thruste at Mr Mucklowe and Mr Mucklowe drew his sword and put by the thrust; and one Mr Abbot tooke hold of Mr Skipwith's man's sword and soe kept him from Mr Mucklowe, and then Mr Skipwith came behind Mr Mucklowe and tooke hold of Mucklowe about the armes and grased him (Mucklowe having then his sword drawne in his hand) and afterwards they striving together, Mucklowe, being out of breath as this witness conceived, by reason of his foote slipping fell downe on a durtie dunghill and Skipwith with a sword stroke Mr Mucklowe *one blow in his side and another on his head* when he was downe. And *wounded him and*... she heard no words passe betweene the parties afore *the time and place aforesaid*... She conceiveth Mr Mucklowe was much abused by Mr Skipwith and his man... and afterwards she heard one Nathaniel Forman say he never sawe a thing soe basely done to see anie strike a man when he was downe.'

2. She well observed the above.

5. She believed Mr Skipwith's man, Owen Ellis, would have killed Mr Mucklowe 'had he not been with held, *and somuch Owen Ellis confessed*'. She saw a hole in Mucklowe's doublet which Mucklowe said 'Mr Skipwith's man *had made with running at him with his* sword.'

Signed by Jane Forde.

Repeated in court before Sir Henry Marten, lieutenant on 8 May 1640, with Richard Meade as notary public.

To Skipwith's interrogatories:

7 May 1640

1. She was maintained by her husband and her own labour. She had never seen Mr Skipwith or Mr Mucklowe before the time of their quarrel. She 'wisheth right may take place and careth not who hath the better'.

2. She had neither received, nor expected to receive anything, for her testimony.

4. She was not present at the start of the quarrel and did not know the reason of their dispute. She had heard that they had been 'scuffling together a good while before' she saw them.

5. She heard no words pass between Skipwith and Mucklowe.

6. Skipwith hurt Mucklowe 'most barbarously but she doth not remember that she used the word baselie.'

Signed by Jane Forde.

Repeated in court before Sir Henry Marten, lieutenant on 8 May 1640, with Richard Meade as notary public.

fos. 99r-v and 100v (Witness 2), Micah Smith of the parish of Savoy, London, vintner, had lived there a fortnight, before that for 11 years at St Clement Danes without Temple Bar, London, born at Quinton, co. Northampton, aged about 26

To Mucklowe's defence:

1. About 20 October last he was at his house in Drury Lane near Maypole alley, when he heard a 'great noise' in the street. He looked out and saw Skipwith and Mucklowe struggling together in Maypole Alley. 'And Mr Skipwith's man also drew his sword and ran at Mr Mucklowe, and might have and had killed him, as this witness verily believeth, but that he was withheld by one Mr Abbot'. After further struggling between Skipwith and Mucklowe, the latter 'fell down on his knees', after which Skipwith struck him 'two blowes wherewith he wounded Mr Mucklowe *very sorely* in his head'. Mucklowe was afterwards brought into the witness's house 'and dressed by a chirurgeon'.

2. 'Divers persons of good credit were present and saw the same.'

4-6. He had known Francis Gray and his wife for 3 or 4 years, 'and saith he is a great company keeper, and keepeth company with divers persons of loose life, and saith they are persons of little credit or repute amongst their neighbours where they live and for such are commonly accounted, reputed and taken. Owen Ellis confessed before this witness and others in Arundel House 'that he thought verily he had killed Mr Mucklowe the tyme and place aforesaid had he not been with held by Mr Abbot and others.'

Signed by Micah Smith.

Repeated in court before Sir Henry Marten, lieutenant on 22 May 1640, with Richard Meade as notary public.

To Skipwith's interrogatories:

22 May 1640

1. He had never seen Mr Skipwith or Mr Mucklowe before the time of their quarrel, and he 'wisheth right may take place'.

2. He 'keepeth house of himself' and was worth £20 with his debts paid. He had received nothing for his testimony, but came at Mr Mucklowe's request.

3. Negative.

4. He was not present at the start of the quarrel and heard 'noe evill words' pass between Skipwith and Mucklowe.

5. Negative.

6. He had heard Jane Ford say that Skipwith had hurt Mucklowe 'most barbarously and baselie.'

Signed by Micah Smith.

Repeated in court before Sir Henry Marten, lieutenant on 22 May 1640, with Richard Meade as notary public.

Cur Mil 1631-1642, fos. 113v-115v, Defence depositions

fos. 113v-114v (Witness 3), Francisca Traherne of St Clements Danes without Temple Bar, London, wife of William Traherne of that parish, victualler, born at Enville, co. Stafford, aged about 27

8 May 1640

To Mucklowe's defence:

1-2. During Michaelmas term last she was in her house in Maypole Alley near Drury Lane when she heard a 'great noise'. She looked out and saw Skipwith and Mucklowe struggling together in Maypole Alley, 'and one holding the other by the hair of the head'. With Jane Ford's help, she parted them, but Skipwith followed Mucklowe, and after Mucklowe slipped and fell, Skipwith struck him 'with a sword two or three blowes, and wounded Mr Mucklowe and cutt a piece of flesh and haire together of Mucklowe's head'. She did not hear any words between Skipwith and Mucklowe.

4. She knew Francis Gray and his wife by sight only, but did not know the rest.

To Skipwith's interrogatories:

1. She had never seen Mr Skipwith or Mr Mucklowe before the time of their quarrel. She 'favoureth the parties in this cause indifferently and careth not who hath the better'.

2. 'She is maintained by her husband, and knoweth not what he is worth his debts paid; and saith Mr Mucklowe hath not given her anything neither doth she expect anything for coming to be a witness'.

3. Negative.

4. She was not present at the start of the quarrel and did not know the reason of their dispute.

5. Negative.

Signed by Francis Traherne [her mark].

Repeated in court before Sir Henry Marten, lieutenant on 8 May 1640.

fos. 114v-115v (Witness 4), Nicholas Holton of St Clements Danes without Temple Bar, London, joiner, lived there for

8 May 1640

To Mucklowe's defence:

1-2. On Saturday 12 October last he was coming from his house near Maypole Alley when he saw 'one who since he hath heard was Captaine Skipwith's man, with a sword drawne in his hand, held by two men and presently afterwards getting loose from them ran to Mr Mucklowe and stroke at Mr Mucklowe very desperately, and the blowe lighted on the wall so that hit did not hit Mr Mucklowe; and then Mr Skipwith *his man* and Mr Mucklowe buckled together and Mr Mucklowe bowed Skipwith's man's sword and whilst they were soe *buckling* together, Skipwith came behind Mucklowe, *who was almost out of breath as this witness conceived*, and dragged him alonge; and Mr Mucklowe fell downe, and when he was downe Mr Skipwith, holding Mucklowe by the shoulder, strook Mucklowe two blowes with a naked sword, and with the second blowe wounded Mr Mucklowe in the head very dangerously'. He did not remember any words passing between Mucklowe and Skipwith.

4-6. He believed Skipwith's man would have killed Mucklowe if he had not been withheld by those present. He had heard that Skipwith's man had even confessed this at Arundel House.

7. What he had deposed before was true.

To Skipwith's interrogatories:

1. He had never seen Mr Skipwith or Mr Mucklowe before the time of their quarrel. He 'wisheth right may take place'.

2. 'He keepeth house of himself and is worth tenne pounds his debts paid'. He had received nothing for coming to be a witness but expected to be paid for his loss of time.

3. Negative.

4. As witness 3.

5. Negative.

6. He did not hear Jane Ford use any such words.

Signed by Nicholas Holton [his mark].

Repeated in court before Sir Henry Marten, lieutenant on 8 May 1640, with Richard Meade as notary public.

Cur Mil 1631-1642, fos. 119r-v, Defence deposition fos. 119r-v (Witness 5), Joanna Presse, wife of William Presse of St Clements Danes without Temple Bar, London, had been his wife for 11 years, born at Bitton, co. Gloucester, aged about 30

8 May 1640

To Mucklowe's defence:

1-2. On a Saturday in last October she was in her house in Maypole Alley when she heard a 'great noyse'. She went to her door, looked out and saw Skipwith following Mucklowe in the alley. Skipwith struck Mucklowe 'with his sword drawne and Mucklowe, his foot slipping fell down, and when he was down Mr Skipwith struck another blowe at him wherewith he sorely wounded him.' She did not hear any words between Skipwith and Mucklowe.

4-6. She knew Francis Gray and his wife 'and thinketh they are honest people'.

To Skipwith's interrogatories:

1. She 'wisheth right may take place and careth not who hath the better in this cause'.

2. 'She is maintained by her husband and she hath received nothing for her coming to testify in this cause'.

3. Negative.

4. As witness 3.

5. Negative.

Signed by Joane Presse [her mark].

Repeated in court before Sir Henry Marten, lieutenant on 8 May 1640, in the presence of Richard Meade, notary public.

Sentence and submission

5/106, Bond of submission

This document described the litigants as William Skipwith of St Martin-in-the-Fields, co. Middlesex, gent and Thomas Mucklowe of Areley Kings, co. Worcester, gent.

4 June 1640

Mucklowe was to pay to Skipwith £16-13-04 as a full payment in costs and damages. Mucklowe was also to perform his submission and obtain a certificate of having done so.

Signed by Tho. Mucklowe

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

17/6f, Plaintiff's bill of costs

Michaelmas term, 1639: £6-11s-8d

Hilary term 1639: £8-6s-0d

Easter term, 1640: £8-5s-8d

Trinity term, 1640: £8-1s-4d

Sum total: £31-4s-8d

Signed by Arthur Duck.

Taxed at £20

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by Maltravers.

17/6l, Plaintiff's sentence

Foster was sentenced for having said to Skipwith: 'That he was a base fellow and had hurt Thomas Mucklowe cowardlie'.

Skipwith was awarded £30 damages and the cause was taxed at £20.

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by Arthur Duck and Lord Maltravers.

Summary of proceedings

Dr Duck acted as counsel for Skipwith and Dr Eden for the defendants. On 4 February 1640 Dr Duck petitioned to publish the testimony of Skipwith's witnesses and Dr Eden was to relate the defence.

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; 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
  • Plaintiff's bond: 2/162 (22 Nov 1637)
  • Defendant's bond: 2/153 (27 Nov 1637)
  • Defendant's bond: 2/89 (7 Dec 1639)
  • Libel: 20/3p (no date)
• Defendant's case
  • Defence depositions: Cur Mil 1631-42, fos. 98-100 (7-22 May 1640)
  • Defence depositions: Cur Mil 1631-42, fos. 113-5 (8 May 1640)
  • Defence deposition: Cur Mil I, fo. 119 (8 May 1640)
• Sentence and submission
  • Bond on submission: 5/106 (4 Jun 1640)
  • Plaintiff's bill of costs: 17/6f (15 Jun 1640)
  • Plaintiff's sentence: 17/6l (15 Jun 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Abbot, Mr
• Berty, Peregrine
• Boord, George
• Boord, Thomasin
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Ellis, Owen, servant
• Ford, Jane
• Ford, Stephen, tailor
• Foster, Francis, surgeon
• Gray, Francis
• Gray, Mrs
• Henrietta Maria, Queen
• Holton, Nicholas, joiner
• Howard, Henry, baron Maltravers
• Littleton, Thomas, knight
• Marten, Henry, knight
• Martin, Joseph, lawyer
• Meade, Richard, notary public
• Mucklowe, Simon, gent
• Mucklowe, Thomas, gent
• Mucklowe, Thomasin
• Presse, Joanna
• Presse, William
• Samwell, Anne
• Samwell, Anthony, esq
• Skipwith, David, gent
• Skipwith, Henry, knight
• Skipwith, Samuel, gent
• Skipwith, William, gent
• Smith, Micah, vintner
• South, Frances
• South, Francis, knight
• Stepkin, John, gent
• Terrick, Humphrey
• Traherne, Francesca
• Traherne, William, victualler
• Vere, Horace, Baron Vere of Tilbury
• Watson, John

Places mentioned in the case

• Buckinghamshire
  • Twyford
• Germany
  • The Palatinate
• Gloucestershire
  • Bitton
• Leicestershire
  • Prestwold
• Lincolnshire
  • Utterby
• London
  • Arundel House
  • St Duntan-in-the-West
  • Savoy
• Middlesex
  • Maypole Alley, Drury Lane
  • St Martin-in-the-Fields
• Northamptonshire
  • Quinton
• Staffordshire
  • Enville
• Sussex
  • Cuckfield
• Worcestershire
  • Areley Kings

Topics of the case

• allegation of cowardice
• assault
• civil war
• comparison
• insult before gentlemen
• military officer
• royalist
• royal servant
• spitting
• weapon