97 Carnaby v Johnson and Carnaby

97 CARNABY V JOHNSON AND CARNABY

Sir William Carnaby of Bothal Castle, co. Northumberland, knt v Henry Johnson of Bothal, co. Northumberland, clerk, and Ralph Carnaby of Halton, co. Northumberland, gent

May - October 1640

Abstract

Carnaby claimed that he was insulted while presiding over a court at Bothal, Northumberland around Michaelmas 1639 by Henry Johnson, a cleric, who called him a 'base knight', with other 'revileing speeches'. Sir William also claimed that at Morpeth on 8 January 1640, he required his relative Ralph Carnaby, from a junior branch of the family, 'to give his armes with due distinction, which he not only refuseth to doe but boasteth himself to come of a branch of that stocke superior to your petitioner.' Process was granted on 23 May 1640 and order was given to send to the commissioners for the testimony of witnesses on Sir William's behalf in October. But these proceedings appear to apply only to the case against Johnson and nothing further survives.

Initial proceedings

5/60, Petition

'Your petitioner is a gentleman of coate armour of an ancient family, and for these 20, or at least 15 yeares, hath lived in the order and dignitie of a knight.

About Michaelmas last your petitioner sitting in a Court of Justice in Bottle was by one Henry Johnson clerke called base knight, and then and there received from him many other revileing speeches, both tending to your petitioners disparagement and much provoking him to strike him.

Upon the eight day of January last or thereabouts your petitioner being in Morpeth...with one Mr Ralph Carnabie of Halton in the County of Northumberland, his kinsman, but proceeding from a younger brother of that familie, [required him] to give his armes with due distinction, which he not only refuseth to doe, but boasteth himself to come of a branch of that stocke superior to your petitioner.'

Petitioned that Carnaby and Johnson be brought to answer

Maltravers granted process 23 May 1640.

5/58, Plaintiff's bond

25 May 1640

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

Signed by William Carnaby.

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

5/59, Plaintiff's bond

25 May 1640

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

This bond addresses Carnaby as 'Sir William Carnaby of Botle Castle in the County of Yeorke, knight'.

Richard Carnaby of Botle, co. Northumberland, gent, was acting on Sir William's behalf.

Signed by Richard Carnaby.

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

5/91, Defendant's bond

24 June 1640

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

Henry Hirdman of Stannington, co. Northumberland, gent, was acting on Johnson's behalf.

Signed by Henry Hirdman.

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

Summary of proceedings

Dr Greene acted as counsel for Sir William Carnaby and Dr Merrick for Johnson. On 10 and 24 October 1640 order was given to send to the commissioners for the testimony of the plaintiff's witnesses.

Notes

Sir William Carnaby was probably the William Carnaby (c.1593-1645) who was the son and heir of William Carnaby and his wife Mabel, and who was descended from an elder brother's branch of Carnabies than Ralph Carnaby. He was knighted in 1619 and married Jane, daughter of Sir Robert Bindloss. He was high sheriff of Northumberland in 1636 and a vigorous ship money collector. He was M.P. for Morpeth in the Long Parliament, voting against Strafford's attainder. He served as Treasurer at War to the king's general for the north, William Cavendish, earl of Newcastle. He withdrew to France after the royalist defeat at Marston Moor, and died in Paris in 1645.

Ralph Carnaby of Halton, esq (c.1612-1662) was the eldest son of Lancelot Carnaby of Halton, co. Northumberland, esq, and Katherine, daughter of Sir Cuthbert Collingwood of Eslington, co. Northumberland, knt. Ralph married Anne, third daughter of Sir William Fenwick of Wallington, knt. Ralph Carnaby was a Roman Catholic lieutenant-colonel in the Northern Horse of the royalist army in 1645.

J. Foster (ed.), Pedigrees recorded at the Heralds' Visitations of the county of Northumberland, 1615, 1666 (Newcastle-upon-Tyne, 1891), pp. 23-5; P. R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), pp. 60-61; M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), p. 127.

For Henry Hirdman, Johnson's counsel, acting as a commissioner to take depositions in another Northumberland case, see cause 52, Brandling v Southgate. For another account of proceedings, see G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p. 47.

Sir William Carnaby was appointed high sheriff of Northumberland in January 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: 5/60 (23 May 1640)
  • Plaintiff's bond: 5/58 (25 May 1640)
  • Plaintiff's bond: 5/59 (25 May 1640)
  • Defendant's bond: 5/91 (24 Jun 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings: 1/11, fos. 49r-52r (24 Oct 1640)

People mentioned in the case

• Bindloss, Jane
• Bindloss, Robert, knight
• Carnaby, Lancelot, esq
• Carnaby, Jane
• Carnaby, Mabel
• Carnaby, Ralph, gent
• Carnaby, Richard, gent
• Carnaby, William, knight
• Cavendish, William, earl of Newcastle
• Collingwood, Cuthbert, knight
• Collingwood, Katherine
• Fenwick, Anne
• Fenwick, William, knight
• Green, William, lawyer (also Greene)
• Hirdman, Henry, gent
• Howard, Henry, baron Maltravers
• Johnson, Henry, clerk
• Merrick, William, lawyer
• Watson, John
• Wentworth, Thomas, earl of Strafford

Places mentioned in the case

• France
  • Paris
• Middlesex
  • Westminster
• Northumberland
  • Bothal
  • Bothal Castle
  • Eslington
  • Halton
  • Morpeth
  • Wallington
• Yorkshire, West Riding
  • Marston Moor

Topics of the case

• coat of arms
• comparison
• denial of gentility
• Long Parliament
• member of parliament
• office-holding
• other courts
• Roman Catholic
• royalist
• self-assumed arms
• ship money
• taxation