89 Burnett v Prior

89 BURNETT V PRIOR

Thomas Burnett of the city of Norwich, gent v John Prior of the same, upholsterer

April - October 1640

Abstract

Burnett complained that in March 1639, in Norwich, Pryor gave him the lie and called him 'a Jackanapes, a foole', and said that he was a better man than Burnett, and that if he had Burnett elsewhere 'he would whipp your petitioner's breech'. Process was granted in April 1640 and on 10 October the testimony of the defence witnesses was sent for from the commissioners; but no further proceedings survive.

Initial proceedings

5/23, Petition

'Your petitioner is descended of an ancient family bearing armes. That notwithstanding, John Pryor of the Citie of Norwich, apholster, about the month of March 1639 being in companie with your petitioner in the Citie of Norwich, without any provocation first given by your petitioner, gave your petitioner many rayling revileing and provoking speeches, and amongst other speeches severall times gave your petitioner the lye and tould your petitioner that he was a Jackanapes, a foole, and said he was a better man then your petitioner and that if he had your petitioner of in an other place he would whipp your petitioner's breech, with other vilifying speeches, much tending to the disgrace and also provoking your petitioner to fight with him.'

Prayed that Prior may be brought to answer.

No date.

Maltravers granted process.

5/24, Plaintiff's bond

20 April 1640

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

Henry Lynch of St Gregory's parish, London, gent, acting for Burnett.

Signed by Henry Linch.

Sealed signed and delivered in the presence of John Watson.

5/17, Defendant's bond

25 April 1640

Bound to 'appear in Arundel house scituate in the Strand without Temple Bar in the county of Middlesex'.

Signed by John Prior.

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

Summary of proceedings

Dr Talbot acted as counsel for Burnett and Dr Merrick for Prior. On 10 October 1640 the testimony of the defence witnesses was sent for from the commissioners.

Notes

Neither of the parties appeared in the Visitations of Norfolk of 1613 and 1664.

W. Rye (ed.), The Visitation of Norfolk of 1563, 1589 and 1613 (Publications of the Harleian Society, 33, 1891); A. W. Hughes Clarke and A. Campling (eds.), The Visitation of Norfolk, anno domini 1664, part I (Publications of the Harleian Society, 85, 1933); A. W. Hughes Clarke and A. Campling (eds.), The Visitation of Norfolk, anno domini 1664, part II (Publications of the Harleian Society, 86, 1934).

John Prior, upholsterer, was granted the freedom of the city of Norwich on 3 May 1633.

P. Millican (ed.), The Register of the Freemen of Norwich, 1548-1713 (Norwich, 1934), p. 148.

Documents

• Initial proceedings
  • Petition: 5/23 (no date)
  • Plaintiff's bond: 5/24 (20 Apr 1640)
  • Defendant's bond: 5/17 (25 Apr 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)

People mentioned in the case

• Burnett, Thomas, gent (also Burnet)
• Howard, Henry, baron Maltravers
• Lynch, Henry, gent (also Linch)
• Merrick, William, lawyer
• Prior, John, upholsterer (also Pryor)
• Talbot, Clere, lawyer
• Watson, John

Places mentioned in the case

• Middlesex
  • Arundel House
  • Strand,
  • Temple Bar
  • Norwich
• Strand
  • Temple Bar
  • Norwich

Topics of the case

• comparison
• giving the lie
• nicknaming
• provocative of a duel
• threatened violence