8 Arundell v Buller

8 ARUNDELL V BULLER

May - December 1640

Abstract

Arundell petitioned that in March 1640, Francis Buller had disgraced him in the presence of several people by saying 'thou liest like a knave'. Both parties were bound to appear before the court, and on 4 December 1640, Dr Duck on behalf of Arundell petitioned to hear the sentence. The result remains unknown.

Initial proceedings

5/69, Petition

'Your petitioner is a gent descended of the ancient family of the Arundells of Treryse'. In March 1640 Francis Buller 'before divers credible persons', said to him 'Thou liest like a knave, thereby very much provoking your petitioner to duel.'

Prayed that Buller be brought to answer.

Maltravers granted process on 1 June 1640.

5/68, Plaintiff's bond

20 May 1640

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

Richard Arundel of Lincoln's Inn, gent, represented William Arundell.

Sealed, subscribed and delivered in the presence of Richard Arundel.

5/92, Defendant's bond

25 June 1640

He was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster'. George Pike of the Middle Temple, London, gent, representing Francis Buller. Signed by George Pike.

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

Summary of proceedings

On 24 October 1640, the testimony of Arundel's witnesses upon the libel were published. On 4 December Dr Duck petitioned to hear sentence, but Dr Talbot was given until the second session of the following term (February 1640/1) to prove the material for the defence.

Notes

William Arundell was the third son of Sir John Arundell of Trerice, knt, and Mary, daughter of George Cart of Clovelley, co. Devon, esq. William was a royalist colonel killed in action during the civil wars. Francis Buller of Pelynt (c.1603-1677) was the eldest son of Sir Richard Buller, knt, and Alice, daughter of Sir Rowland Harward of London, knt. He attended Sidney Sussex, Cambridge, and the Middle Temple. He married Thomasine, daughter of Sir Thomas Honeywood of Elmstead, co. Kent. He was M.P. for Saltash in 1624-5, and captain of trained bands from 1633 to 1637. He was M.P. for East Looe during the Long Parliament from 1640-1648. He signed a letter at Plymouth, on 11 November 1642, along with other parliamentarian gentry to John Pym, requesting military aid to prevent Plymouth falling to the Cornish royalists.

J. L. Vivian and H. H. Drake (eds.), The Visitation of the County of Cornwall in the Year 1620 (Publications of the Harleian Society, 9, 1874), pp. 2, 25; P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p.7; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), p. 120, Beinecke Rare Book and Manuscript Library, Yale University, Osborn Shelves, fb 94, fo. 26.

Sir Richard Buller was appointed high sheriff of co. Cornwall in October 1636.

J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-40 (List and Index Society, special series, 35, 2004), part 2, p. 367.

Documents

• Initial proceedings
  • Petition: 5/69 (1 Jun 1640)
  • Plaintiff's bond: 5/68 (20 May 1640)
  • Defendant's bond: 5/92 (25 Jun 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Stafford: 1/11, fos. 41r-44v (24 Oct 1640)
  • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Arundel, Richard, lawyer
• Arundell, John, knight (also Arundel)
• Arundell, Mary (also Arundel)
• Arundell, William, esq (also Arundel)
• Buller, Alice
• Buller, Francis, gent
• Buller, Richard, knight
• Buller, Thomasine
• Cart, George, esq
• Duck, Arthur, lawyer
• Harward, Alice
• Harward, Rowland, knight
• Honeywood, Thomas, knight
• Honeywood, Thomasine
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howard, William, baron Stafford
• Pike, George, lawyer
• Pym, John, esq
• Talbot, Clere, lawyer
• Watson, John, lawyer

Places mentioned in the case

• Cambridgeshire
  • Sidney Sussex College
• Cornwall
  • East Looe
  • Pelynt
  • Saltash
  • Trerice
• Devon
  • Clovelley
  • Plymouth
• Kent
  • Elmstead
• London
• Middlesex
  • Lincoln's Inn
  • Middle Temple
  • Westminster

Topics of the case

• civil war
• giving the lie
• Long Parliament
• military officer
• parliament
• parliamentarian
• provocative of a duel
• royalist
• trained band
• University of Cambridge