99 Castell v Crispe

99 CASTELL V CRISPE

Thomas Castell of Haddenham, Isle of Ely, gent v William Crispe of Willingham, co. Cambridge, yeoman

November 1639 - May 1640

Abstract

Castell complained that Crispe, 'an ordinary country fellow' had insulted him during a cudgels match between Cambridgeshire and the Isle of Ely, at a feast at Willingham on 23 September 1639. Castell had judged against a Cambridgeshire contestant when Crispe contested his refereeing, saying he lied and calling him 'base cowardly slave and badd him come if he dared.' The two men prepared to fight at cudgels there and then, but were prevented by the spectators. Crispe admitted to having spoken the words, although he claimed that he had acted 'in heate of blood' after Castell had provoked him saying 'he were better to kisse the arse' of one of the Isle of Ely contestants than remove him from the stage. He also maintained that the following day, John Hatch, the curate of Willingham, arranged a reconciliation, where Crispe apologised to Castell for these words and admitted that 'it was unmanerly spoken.' Crispe claimed that Castell was thereby satisfied, drinking to him and later inviting him to dine at his house. Apparently on the strength of Crispe's personal answer, the court issued an order on 25 February 1640 for the cause to be settled by arbitration. By 1 May Sir John Cutts and Sir Miles Sandys were able to certify that this had been accomplished which terminated the proceedings.

Initial proceedings

2/128, Petition to Arundel

'William Crispe of Winchingham in the county of Cambridge, an ordinary country fellowe, did very lately challenge your petitioner to fight with him; and called your petitioner base cowardly slave, and badd him come if he dared, and gave him the lye, and all this in the presence of many people.'

Petitioned that Crispe be brought to answer.

Maltravers granted process on 14 November 1639.

2/155, Plaintiff's bond

12 November 1639

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

Signed by Thomas Castell.

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

EM3154, Personal Answer

1. 'Mr Thomas Castle and his ancestor have and doe live in common repute of gentlemen'.

2. On 23 Sept in Willingham, 'there being a feast or wake kept ...and a great concourse of people from severall parishes meeting together, there was playing of cudgells (as is usuall at such feasts) and those which were of the severall parishes of Cambridge held up the bucklers or hilts against all comers out of the Isle of Ely where Mr Castle dwells. And [Crispe] being one of those which were to cleare the stage whereon the cudgell players did play, did offer to put downe one of the dwellers in the Isle of Ely whoe lay alonge on the stage aforesaid, which Mr Castle seeing told Crispe that he were better to kisse his arse then to put him downe, and used divers other provoking wordes and speeches to Crispe; and moreover affirmed that the partie's head was broken that held up bucklers and hilts for Cambridgeshire, to which Crispe made answer that it was not soe. Then Castell replied that it was soe, whereunto Crispe, in heate of blood, being provoked as formerly, said, It is a lye, or you lye, and further told Mr Castle that if it pleased him to play he should be plaid withall and that Crispe would play with him; whereupon Mr Castle did pull of[f] his band and came up on the stage to have plaid at cudgells with Crispe. But the companie which stood by would not suffer Castell and Crispe to play'.

On 23 September, Crispe spoke the words in the libel, 'calling Mr Castle, Base, cowardly fellowe, and that he was a better man or better gentleman than Mr Castle'.

On 24 September, Castell wrote and sent 'the letter annexed to Mr Hatch curate of Willingham; and Mr Hatch after he had received the same, and at the request of Crispe, repaired unto the Griffins Coate, the place mentioned in the lettere, to interceed and take up if he could all differences between Mr Castle and Crispe. Mr Hatch found at the place aforesaid Mr Castle, with whome he did soe farre prevaile that upon Crispe coming and submittinge himselfe unto Mr Castle, Mr Castle said it should be sufficient; whereupon Crispe, at the time and place aforesaid, and before Mr Hatch and others did come and submitte himselfe in manner and forme followinge, or to the like effect, saying, Mr Castle for the wordes and language I gave you yesterday I am heartily sorry, and confess that it was unmanerly spoken, and I pray remitt it. And Mr Castle therupon replied and said it was sufficient, or he was satisfied with Crispe his acknowledgement and submission, and then and there tooke a glasse of beere and dranck to the Crispe in a very courteous and friendly manner'.

'Those that were present doe conceive that Mr Castle had and did remitt, release or forgive Crispe for these his rash and ill wordes soe by him spoken, and confessed as aforesaid'.

No date.

Signed by William Crispe.

EM3155, Personal answer [another version]

A copy of EM3154, but with the addition of an extra paragraph:

'4. Thomas Castle on 24 Oct last past came from his own house into the sign of the Globe in Hadenham where Crispe was 'and invited Crispe and others which were with him unto his house to dinner who accepted of his courtesie and went home with him'. Castell 'gave Crispe free welcome and in a loving and kind manner dranke unto him'.

1639

Signed by William Irwin and Robert King.

EM134, Personal answer [another version]

Another copy of EM3154, but with no signature

Sentence / Arbitration

18/4n, Certificate of termination

'Whereas an order bearing date the xxv of February 1639 was referred to us from this honourable court concerning a cause that is now depending between Thomas Castell of Haddenham in the Isle, gent and William Crispe of Winchingham in the Countie of Cambridge, yeoman, these are to certifie unto this honourable court that we have heard the cause between the above named parties and have made a loving and friendly end betweene them and to this we have sett our handes

John Cutts

Miles Sandys'.

No date but filed under Easter term, 1 May 1640.

Notes

Thomas Castell of Haddenham appeared in the Visitation of Cambridgeshire in 1619.

J. W. Clay (ed.), The Visitations of Cambridgeshire, 1575 and 1619 (Publications of the Harleian Society, 41, 1897), p. 81.

Documents

• Initial proceedings
  • Petition: 2/128 (14 Nov 1639)
  • Plaintiff's bond: 2/155 (12 Nov 1639)
  • Personal answer: EM3154 (no date)
  • Personal answer: EM3155 (1639)
  • Personal answer: EM134 (no date)
• Sentence / Arbitration
  • Certificate of termination: 18/4n (1 May 1640)

People mentioned in the case

• Castell, Thomas, gent (also Castle)
• Crispe, William, yeoman
• Cutts, John, knight
• Hatch, John, curate
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Irwin, William
• King, Robert
• Sandys, Miles, knight
• Watson, John

Places mentioned in the case

• Cambridgeshire
  • Willingham
• Isle of Ely
  • Haddenham
• Middlesex
  • Westminster

Topics of the case

• allegation of cowardice
• apparel
• arbitration
• denial of gentility
• drinking healths
• giving the lie
• reconciliation
• scatological insult
• sport