114 Coffin v Stephens

114 COFFIN V STEPHENS

James Coffin of Alwington, co. Devon, gent v Nathaniel Stephens of Tawstock, co. Devon, attorney

November 1637 - December 1639

Abstract

Coffin was 'accounted and reputed to be a souldier' since he had served as a lieutenant on the Cadiz and Isle de Rhé expeditions and commanded a Devon militia company. The quarrel took place at Robert Smyth's inn in Great Torrington, Devon, around Christmas 1636, when Coffin came into the room where Stephens and his friends had been drinking and an argument ensued. Stephens, an attorney, did not deny calling Coffin 'rascal and base fellow', giving him the lie and declaring that 'he would procure more friends in the Court of Chivalry than James Coffyn could.' His defence was that the two men had made up their differences on the spot, and had since drunk healths to each other at several meetings in Devon and at Blackwell Hall in London. Those present testified to the fact that the morning after the incident Stephens had sent a cup of wine up to Coffin's room and invited him to drink a mutual pledge, although Coffin had apparently declined. It was presumed by one witness that because of the length of time between speaking the words and the commencement of the suit - nearly twelve months - Coffin had 'remitted' Stephens. But the plaintiff was determined to pursue his grudge and the morning after the initial quarrel, and on several occasions since, had been heard to threaten Stephens with an action in the Court of Chivalry. Both parties were evidently aware of the potential for litigation since Coffin also claimed that Stephens had been attempting to provoke him into striking him so that he could bring an action for battery at common law.

Proceedings began in November 1637 and letters commissory were issued for Coffin's witnesses to be examined by a commission headed by Thomas Pecocke and Nicholas Prideaux, esqs, and Dr Gwynn, the civil lawyer from the Court of Chivalry, at the inn of William Stephens in Great Torrington 10-12 January 1638. Subsequently, witnesses for Stephens were examined by a commission headed by William Pagett, esq, and John Pyne, clerk, on 21 August 1638 at the same venue. Final judgement was referred to the Earl of Bath, the local magnate sitting as one of the judges in the Court of Chivalry; but, in spite of his plea that the whole matter had been settled, on 5 December 1638, Stephens was ordered to pay £40 in damages and 40 marks expenses. He was also made to perform a submission standing bareheaded before the judge at the next assizes at Exeter Castle, where he was to crave Coffin's forgiveness and promise to behave towards him and 'all other the gentry of this kingdom withal due respect.' A year later Stephens petitioned that as he had obediently performed his submission, the Earl Marshal might, according to his 'accustomed clemencie' remit some of his fine for the sake of his wife and children.

Initial proceedings

3/81, Plaintiff's bond

21 November 1637

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

Signed by James Coffin.

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

3/80, Petition

'Your petitioner is a gentleman descended of an ancient familie, as will appeere by the Registrie of the Office of Armes. He served his Majesty in Cales voyage and in the voyage of the Isle of Rea. Nathaniel Steevens of Tawstock in the Countie of Devon hath abused your petitioner by many disgracefull speeches, and that he called him rascall and base fellow, and gave him the lye diverse times before divers witnesses.'

Petitioned that Stephens be brought to answer.

Dr Duck desired Dethick to grant process, 22 November 1637.

Signed by Arthur Duck.

3/50, Defendant's bond

30 November 1637

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

Signed by Nathaniel Stephens.

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

17/3h, Personal answer

1. He believed this article was true.

2. In the last two years, Coffin came into a room of Smith's house in Great Torrington where the witness and others were talking and drinking. Coffin joined them and talked with the witness for an hour and left. At midnight, Coffin returned uninvited into another room of the house where the witness lodged. The witness wanted to go to bed, and Coffin, displeased 'that he would not sitt up longer with him, began then to express himselfe to be angrie and discontented; but this respondent did not take his expression of anger to be in earnest, nor did he this respondent reply any words of anger in earnest, nor did speak any words to disparage him, nor was there then nor yet any cause or reason why Mr Coffin should take exception at any words spoken at the time and place aforesaid, neither did Mr Coffin then take any words spoken by this respondent soe, as if this respondent intended to disparage or disgrace him, nor at any time since *hath he expressed that he did so take it, that this respondent could perceive by him they having beene since often in company *and have since dranke* together.'

Introduced on 30 November 1637

Signed by Nathaniel Stephens.

Plaintiff's case

14/2kk, Defence interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. Of what age, occupation and condition was the witness? Where did they live and where had they lived during the last ten years? How did they know the parties?

2. Did the witness live of their own or depend upon another? How much were they worth in goods with their debts paid? How much were they taxed during the last subsidy?

3. Was the witness a household servant or retainer to Coffin? Was the witness related to Coffin and if so by what degree? Whom did they favour and to whom would they grant victory if it were within their power?

4. Had the witness been compelled to attend? How much had the witness received or how much did they expect to receive for their testimony?

5. Had the witness talked with anyone concerning the cause and had the witness been instructed how to depose? If so, by whom?

6. Had the witness seen libel or articles? Who showed them to him and for what purpose? Had the witness been taught how to depose?

7. When and where did Stephens speak the words in the libel? In what room of whose house? At what time of day, week, month, and year? Was Stephens sitting, walking or lying in bed, and what did he say before and after the 'pretended' words?

8. Did Stephens go into Coffin's room or vice versa? Was Stephens called or sent for, and how did he come into Coffin's company? Was the conversation from Stephens 'familiar and friendly', and did Coffin and Stevens drink to each other, even after 'the pretended words'? Had Coffin and Stevens since been seen in London drinking together 'behaving themselves lovingly and as friends'?

9. 'Whether he sawe Nathaniel Steephens on the day of the pretended speaking of the pretended disgracefull words in company with Mr Coffyn oftener than once? Did nott att all such times Mr Coffyn still come into the Roome where Nathaniel Steephens first was and did not hee use many taunting and reproachfull words' against Stephens? What words were these?

Introduced 26 April 1638'

No signatures.

Defendant's case

12/2l, Defence [damaged]

That in case Stephens did utter the words in the libel '(wordes seeminge to leade to the disparagement and disgrace of Mr James Coffin)... wordes are not spoken in any angrie or malitious manner, or with an intent to disgrace Coffin, but was first spoken of one Mr Prerast touching... onelie in jestinge or meriment, and soe in jest and meriment Mr Cofyn did at that time of speakinge then take the wordes... wordes of the like kinde to Nathaniel Stephens in the like jestinge and meriment and soe they that were then present did take and understand... to be spoken, and not to be spoken maliciouslie or with an intent to disgrace or to make any quarrell betweene James... and Nathaniel Stephens.'

James Coffin and Nathaniel Stephens 'continued together the same day in company by the space of [several hours] after the speakinge... in that time kinde and familiar with each other, and did drinke one to the other and pledge each other, and parted without quarrelinge. and James in company and at the time of his departure seemed to be friendly with Nathaniel Stephens and expressed nothinge in speech or gesture to the... and meetinge and beinge together was at Terrington on markett day where they and their company dranke liberally and were full of talke and merriment together... after the midst of the night and stayed there until... Stephens and Holman having a pinte of sack at partinge dranke... severall times in company together at the city of Exeter... or dranke to him and hath not taken excepcons against him... 'Nathaniel Stephens, John Salter, ... Risdon... Mr Coffyn came into the roome upon the markett day in the afternoone and confessed... been drunke in... there spoken by Nathaniel Stephens after soe familiar a way that Mr Coffin did not then take them... there was not any controversy, malice or discontent... did usually and soe often as they mett accompany each other'.

No date.

No signatures.

Cur Mil I, fo. 54, Letters commissory for the defence

Addressed to commissioners William Morris, esq, William Pagett, esq, Hugh Prust, gent, and John Halfe, gent, and also, Nicholas Prideaux, George Yeo, gent, John Pyne, clerk, and Daniel Challoner, clerk, with Walter Sainthill as notary public, to meet from 21 to 23 August 1638, in the inn of William Stevens in Great Torrington, co. Devon.

Dethick assigned Walter Sainthill as notary public.

Dated 19 June 1638

Signed by Gilbert Dethick.

Cur Mil I, fo. 53, Plaintiff's interrogatories

1. The witnesses were warned of the danger of perjury and bearing false witness. What was the age, occupation and condition of the witness? How long had the witness known the parties? To whom would they give the victory if it were in their power?

2. Were they a household servant or liveried retainer to either of the parties? Were they indebted to either of the parties, and if so for how much? How much were they worth with their debts paid?

3. Was the witness compelled to attend? How much did they receive or expect to receive for expenses?

4. Was the witness a household servant, waged employee, or relative of the parties and in what degree? Were they instructed how to depose?

5. Whether about December 1636 he heard Stevens 'utter manie disgracefull speeches and words of provocation against Mr James Coffin *saying* that he did lye and that he was a rascall and a base fellow, or used other words to that or the like effect. And did he not use the words of purpose to provoke Mr James Coffin to strike him that Stephens might thereby have had his action of batterie against him at the common lawe'?

6. After the insulting words, did Coffin 'expresse much distaste and anger against Stephens, and did not Mr Coffin tell Stephens that he would convent him before the Lord Marshall for the words, and whether did not Mr Coffin then expresse, in his speeches and otherwise, tokens of revenge rather then of reconciliation with Stephens; and whether doth such witness believe or is persuaded that by any passages had between Mr Coffin and Stephens that Mr Coffin had remitted the foresaid injurie, but rather was he not more incensed against Stephens. And whether after the speaking of the words at all other times as Mr Coffin did accidentally meet with Stephens, did not Mr Coffin commemorate the foresaid disgracefull speeches uttered against him, and did not he earnestly protest and threaten to sue Stephens in the Courte Militarie for the disgraceful speeches'?

7. Whether the room where the company were drinking was Mr Coffin's lodging chamber, and whether Coffin told them so and asked them to depart as he was ready to go to bed? Whether some of the company then left, but Stephens and some others remained, who refused to go for an hour or more, 'to the offence of Mr Coffin'?

8. Did Mr Coffin 'demeane himself orderlie and soberlie, and had in noe manner distempered himself with drinke'? Did Coffin go straight to bed as soon as the company finally left?

9. If any witness deposed that after the incident Coffin and Stephens often met 'and saluted each other kindlie and drancke together', they were to be asked in what places, in whose presence and upon what occasion, 'and whether it was not casuallie and by chance and at some publique feast or meeting, and not alone nor of sett purpose between themselves by way of love and friendshippe, that they mett together? Lett such witness set downe the words and other passages then used by Mr Coffin towards Stephens, whereby such witness should be induced to believe that Mr Coffin was reconciled unto Stephens, and remitted the injury inferred on him by the disgraceful words aforesaid.'

10. Was Coffin accounted a gentleman of an ancient family, and a soldier who had served as a lieutenant at Cadiz and the Isle of Rhea 'and whether he be not a man of civill and orderlie behaviour and so accounted'?

Signed by Arthur Duck.

[Overleaf]

1. Did the witness persuade Stevens to reconcile himself to Mr Coffin the morning after the abusive words, 'and did not he obstinately refuse'?

2. Did Mr Coffin then declare 'that he hoped to have right done him in the Court of Honour'?

3. Was the witness present at the time of the difference, at what hour was it, and in what place?

No date.

Signed by George Parry.

Cur Mil I, fos. 38-49, Defence depositions

Taken before commissioners William Pagett, John Halfe, John Pyne, clerk, Nicholas Prideaux and Hugh Prust, with Walter Sainthill as notary public on 21 August 1638 in the inn of William Stevens in Great Torrington.

fos. 39r-40v (Witness 1), John Salterne of Huntshaw, co. Devon, yeoman, born there, aged about 48

To Stevens's defence:

1. 'Between Michaelmas and Christmas last was twelvemonth' he was with Nathaniel Stephens, Giles Risdon, Thomas Chafe, George Bellewe, Nicholas Holman and George Furse in Robert Smyth's house in Great Torrington. James Coffin came into the room 'and sate downe a while and then went forth agayne and afterwards came into the same roome againe uncalled and unsent for' and there he sat down again.

2. Stephens, Coffin, himself and the rest remained in company in the house for 1 or 2 hours, and Salterne 'in all that time heard no words of discontent between Mr Coffin and Steephens, who were there on a Saturday, a market day 'where they drank wine and beere more than ordinary and were merrie together and had variety of discourse' until about 9 or 10pm, when Salterne left the two of them alone in the room.

3. That the house had been a 'common inn' for 'divers years last past'.

Signed by John Salterne, and by commissioners Pagett, Halfe, Pyne, and Prust.

To Coffin's interrogatories:

1. He had known Coffin and Stephens for 6 years and 'wisheth the victory to him that hath most right unto it'.

2. He was worth with his debts paid, £100 or more.

3. He came to testify when notified by Stephens's servant, who showed him the commission. He believed Stephens would pay for his expenses.

8. Coffin was not 'distempered with drink' and 'demeaned himself civilly' as long as Salterne was with him.

10. He believed Coffin 'was a gentleman descended of an antient familye and of a civill and orderly behaviour'.

Signed by John Salterne, and by commissioners Pagett, Halfe, Pyne and Prust.

fos. 41r-43r (Witness 2), Nicholas Holman of Buckland Brewer, co. Devon, gent, born at Stratton, co. Cornwall, aged about 63

To Stephens's defence:

1. 'About Hallowtide last past was twelvemonth' he was with Nathaniel Stephens, John Salterne, Giles Risdon, with others in Robert Smyth's house in Great Torrington. That James Coffin came into the room 'and staid there with them and dranke with them.'

2. Stephens and Coffin were together for 2 or 3 hours, 'and for the first hour and somewhat more they were kind and familiar together and did drink together *and they parted without quarrelling (though Mr Coffin were somewhat discontented about midnight.' It had been a market day, and they had drunk wine and beer together until about midnight. Holman and Stephens lay in the house all night and in the morning when they parted Stephens called for a pint of sack and drank to Holman. Stephens also drank to Coffin, 'and sent a cupp of the wyne to Mr Coffyn where he was in his chamber'.

4. Robert Smyth lived in the house, which was 'a common inn or alehouse', for Holman had bought drink there several times before.

Signed by John Salterne, and by commissioners Pagett, Prideaux, Halfe, Pyne, and Prust.

To Coffin's interrogatories:

1. As witness 1.

2. He was worth with his debts paid, £100.

3. He came to testify at Stephens's request and hoped he would bear his charges.

5. He had been examined in the cause formerly, 'upon the libel given on the behalf of Mr James Coffyn, and referreth himself to his deposition then given.'

6. Coffin 'did seeme much discontented and angry with Nathaniel Stephens for speaking and giving disgraceful words unto him, and did tell Stephens that he would vindicate himself for the wrong in the Court of Honor, and seemeth rather to be angry with him then to be reconciled unto him.'

7. Coffin told the company that 'the roome wherein they then were was his lodging and that he desired to take his rest (it being then late in the night). And saith that shortly afterwards the company departed, and none tarried there that [Holman] remembereth, unless it were some of the servants of the house'. Coffin 'seemed to be displeased that the company staied so long.'

8. Coffin 'did demeane himself soberly and was not distempered with drink', and that 'as soon as the company departed Mr Coffin went to bedd.'

10. Coffin 'is a gentleman descended of an antient familye, and is accounted and reputed to be a souldier; And did lead a company of Souldiers under Captayne Arscott att Beaford Moore in Devon.'

To Coffin's further interrogatories:

1. He persuaded Stephens to 'reconcile himself to Mr Coffin, the next morning after the difference betwixt them, who answered this respondent that he conceived that Mr Coffin was not offended with him or to that effect.'

Signed by Nicholas Holman and by commissioners Pagett, Prideaux, Halfe and Prust.

fos. 43v-46r (Witness 3), Giles Risdon of Great Torrington, co. Devon, gent, born there, aged about 28

To Stephens's defence:

1. That 'about two years since or thereabouts' he was with Nathaniel Stephens, John Salterne, and Nicholas Holman in Robert Smyth's house in Great Torrington. James Coffin came into the room 'uncalled and unsent for, and did there sit down and beare them company.'

2. Some words then passed between Stephens and Coffin. It had been a market day where all 'dranke merrily together and had variety of discourse'. He left the company at about 8 or 9pm.

3. He had since been to London, drinking 'in a friendlie manner' in a tavern in company with Coffin, Stephens and Henry Cutting, where Coffin and Stephens 'drank each to other and pledged each other in wyne'.

4. The house was 'a common inn or alehouse'

Signed by Giles Risdon, and by commissioners Prideaux, Halfe and Pyne.

To Coffin's interrogatories:

1. As witness 1.

2. He was not the defendant's servant 'nor hath any wages of him.'

3. He came to testify at Stephens's request.

5. There were words uttered by Stephens to Coffin, but he did not believe 'that they were uttered to the intent that Mr Coffin should strike Stephens, and that thereupon Stephens should commence an action of batterye against him.' He had been examined formerly upon Coffin's libel 'and referreth himself to his deposition then given.'

6. Coffin told Stephens 'that he should answer for the words before the Lord Marshall, and did expresse rather tokens of revenge then of reconciliation'. Owing to the length of time between the speaking of the words and the commencement of the suit, he thought Coffin had 'remitted' Stevens.

7. The company were brought into the room by Robert Smyth or one of his servants about half an hour before Coffin came in. When Coffin came in at about 8pm he told the company that it was his room and he desired them to leave so he could go to bed. Risdon and the rest invited him to sit and drink with them, which Coffin did for about an hour, before Risdon departed.

8. Coffin 'demeaned himself civilly' as long as Risdon was present.

9. The meeting in London was at Blackwell Hall.

Signed by Giles Risdon and by commissioners Prideaux, Halfe, Pyne and Prust.

fos. 46r-48r (Witness 4), Robert Smyth of Great Torrington, co. Devon, barber, born at South Molton, co. Devon, aged about 35

To Stephens's defence:

1. 'About Christmas last past was twelvemonths', Nathaniel Stephens was in his house with Giles Risden and Nicholas Holman, and that James Coffin came into the room and did sitt down with them and beare them company.'

2. Some words then passed between Stephens and Coffin. It had been a Saturday and a market day where 'they and the rest of the company dranke together, and were merry together and had discourse together'. Coffin, Stephens and Holman lodged there all night but he did not know what time they went to bed. The next morning Stephens and Holman had a pint of sack together, and he heard Holman urge Stephens to go into Coffin's chamber and reconcile himself. Stephens replied that he did not remember doing him wrong, but he 'tooke a cupp of the sacke and drank to Mr Coffin and sent him a boll of the same'. Smyth had heard Mr Coffin refused to pledge him and returned the sack.

3. Since the incident, Stephens and Coffin had both been in his house among others, but he did not know whether they drank to each other.

4. The house was 'a common inn'.

Signed by Robert Smyth [his mark], and by commissioners Prideaux and Pyne.

To Coffin's interrogatories:

5. That at the time of the incident he heard Stephens say 'tis a lie, whereat Mr James Coffin took some exception.'

6. As witness 2.

8. As witness 1.

10. Coffin was a gentleman descended of an ancient family, a soldier 'and of a civill and orderly behaviour'.

To Coffin's further interrogatories:

2. The morning after the speaking of the words and several times since he had heard Coffin say he would sue Stephens in the Court of Honour.

Signed by Robert Smyth [his mark] and by commissioners Prideaux and Pyne.

fos.48r-49v (Witness 5), Hugh Payne of Great Torrington, co. Devon, barber, born at Stratton, co. Cornwall, lived at Great Torrington for 5 years, aged about 19

To Stephens's defence:

1. 'About Christmas last past was twelvemonths', Nathaniel Stephens was in the house of Robert Smyth, who was Payne's master. Giles Risdon and Nicholas Holman were present, and James Coffin came into the room ,'uncalled for and unsent', sat down with them and kept them company.

2. Some words passed between Stephens and Coffin, but they continued in the same room for about half an hour afterwards, in which time Payne lit a pipe of tobacco for Coffin, and Coffin and Stephens took tobacco together, although he did not remember if it were from the same pipe. During this time he heard no 'distasteful words between them'. It had been a Saturday and a market day where 'they and the rest of the company dranke wyne, beere and tobacco together, and had discourse together' until about 10 or 11pm. Coffin slept in that room, while Stephens and Holman shared another. The next morning Stephens and Holman had a pint of wine together, and Stephens sent Payne with a cup of wine up to Coffin's room but Payne brought it back as Coffin's door had been shut.

4. As witness 4.

Signed by Hugh Payne.

To Coffin's interrogatories:

5. At the time of the incident he heard Stephens say to Coffin 'that he did lye and that he was a rascall and a base fellow' but did not know upon what provocation.

6. As witness 2.

7. That after Stephens and the company came into the room, the room was promised to Mr Coffin for his lodging as Payne heard 'out of Mr Coffin's owne mouth'. Coffin went to bed there at about 10 or 11pm, and after getting into bed desired the company to leave and go to bed. They departed quietly about a quarter of an hour later when their rooms were ready.

8. As witness 1.

10. As witness 4.

To Coffin's further interrogatories:

2. As witness 4.

Signed by Hugh Payne and by commissioners Prideaux and Pyne.

Cur Mil I, fos. 50r-v, Notary public's certificate

Certificate in Latin signed by Walter Sainthill, notary public that the examinations had been completed and were now being returned.

1638.

Notary's mark.

Cur Mil I, fo. 55, Defence

1. At the time of the words in the libel, there were present: 'Nathaniel Steephens, John Saltren, Giles Risdon, George Furse, Thomas Chaffe, George Bellewe, Nicholas Holman and others, and they doe know and believe that Mr Coffin came into the roome where he was uncalled and unsent for, and there sat down to beare them company.'

2. 'James Coffin and Nathaniel Stephens continued together the same day in company by the space of sixe, five, three, two or one houre after the speaking of the words, and were in that time kinde and familiar to and with each other, and did drinke one to the other, and did pledge each other, and parted without quarrelling. And James Coffin while he continued in company and at the time of his departure seemed to be friends with Nathaniel Steephens, and expressed nothing in speech or gesture to the contrary; and that their meeting and being together was at Torrington on a market day where they and their company dranke liberally and were full of talke and merriment together, and in varietie of discourse till after the midst of the night, and staied there until the next day. And Stephens and Holman having a pint of sacke at the parting drank unto Coffin in friendly manner and sent him a cup thereof.'

3. Since then Coffin and Stephens had been together at Exeter, Barnstaple, Great Torrington, Bideford and elsewhere in co. Devon, and in the city of London. At such times Coffin had spoken kindly to Nathaniel Stephens and drunk to him.

4. Smyth's house at Great Torrington was 'a common inn or alehouse and tyme out of mind hath been so used and employed.'

[Overleaf]

Michaelmas term 1638

'Mr Dethick I find this to be agreeable with the first allegation as it is reformed.'

Signed by Francis Heath.

Sentence / Arbitration

18/2ea, Plaintiff's sentence

Stephens was sentenced for having said that 'James Coffyn did lie and that he was a base rascall and that he would procure more friends in the Court of Honour than James Coffyn could'.

The plaintiff was awarded £40 in damages and the case was taxed at 40 marks.

Dated 5 December 1638.

Signed by Arthur Duck, Arundel and Surrey.

18/2h, Plaintiff's bill of costs

Michaelmas term, 1637: £11-10s-0d

Vacation: £11-10s-0d

Hilary term, 1637/8: £8-13s-8d

Easter term, 1638: £4-13s-0d

Trinity term, 1638: £10-16s-0d

Vacation: £7-10s-0d

Michaelmas term, 1638: £13-16s-8d

Sum total: £69-10s-4d

Signed by Arthur Duck.

Taxed at 40 marks.

Dated 5 December 1638.

Signed by Arundel and Surrey.

Submission

4/6, Submission

Stephens to perform his submission between 2 and 4pm on the second day of the next assizes at Exeter castle, standing bareheaded before the judge of the assizes:

'Whereas I, Nathaniell Stephens, stand convict by sentence diffinitive given against me... to have much abused in words Mr James Coffin of Alwington St Andrews in the county of Devon aforesaid, gent, and amongst other opprobrious speeches used of and against him to have said that he the said James Coffin did lye, and that he was a base rascall or to that effect, I do humbly confess that I am hartily sorry for my rashe and inconsiderate speaking of the said words to and against the said Mr Coffin, whom I doe hereby acknowledge to be an honest gent. And I do humbly pray him to forgive and forget my such rash and unadvised speeches; and I doe hereby promise to behave my self ever hereafter towards him the said Mr James Coffin and in particular and all other the gentry of this kingdom withal due respect.'

No date.

No signatures.

12/3g, Defendant's petition to Arundel

'In the cause wherein one James Coffin, gent, was plaintiff against your petitioner, which came to sentence before your lordship last Michaelmas term, your lordship was pleased to order your petitioner to paie unto Coffin £40 for damages and 40 markes for costes att 2 payments then followeing, and that your petitioner should make his submission before the judges of assize which your petitioner hath donne accordinglie, as by the certificate annexed appeareth. And your petitioner, in further obedience of such your lordship's sentence, hath of divers his friends borrowed to paie one of the paymentes... Having a wife and children ,and a young beginner [sic] in the world, and Mr Coffin a bachelour, an able man, and the matter at first onlie inconvenient, noe mallice intended, howbeit otherwise interpreted. And for that t'is your honour's accustomed clemencie to lend your pittie to such like offendors in remitting some of the fyne first ymposed, and your petitioner having so farr obeyed willinglie your lordship's commande'.

Asked 'that itt maie goe in full satisfaction to your lordship and that for the reasons aforesaid your petitioner, by your honour's direccon, maie give upp his bonds heretofore given unto the court'.

3 December 1639

'Let this petitioner paie the remaines of this costs and arrearages by equall paiments in ... six monethes and the first payment to be at Ladie daie next.'

Signed by Maltravers.

Summary of proceedings

Dr Duck acted as counsel to Coffin and Dr Gwynn to Stephens. On 28 November 1637Dr Duck named as commissioners for taking statements from the plaintiff's witnesses Thomas Pecocke, Nicholas Prideaux, esq, John Pyne, clerk, and Dr Gwynn, John Coffyn and Hugh Prust, gents, to sit at the house of William Stephen in Great Torrington, co. Devon from 10 to 12 January 1637/8. On 20 October 1638 Dr Gwyn was required to produce material for the defence and sentence was ordered to be heard at the next sitting. On 28 November judgement was referred to Henry, earl of Bath, the local magnate sitting as a judge in the court and on 5 December he gave sentence in favour of Coffin, with £40 damages and the cause taxed at 40 marks, to be paid in equal instalments, firstly in the last session of Hilary term, and next in the last session of Trinity term.

Notes

James Coffin was possibly the fifth son of Richard Coffin of Portledge in the parish of Alwington mentioned in the Visitation of 1620.

F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872), p. 64.

Documents

• Initial proceedings
  • Plaintiff's bond: 3/81 (21 Nov 1637)
  • Petition: 3/80 (22 Nov 1637)
  • Defendant's bond: 3/50 (30 Nov 1637)
  • Personal answer: 17/3h (30 Nov 1637)
• Plaintiff's case
  • Defence interrogatories: 14/2kk (26 Apr 1638)
• Defendant's case
  • Defence: 12/2l (no date)
  • Letters commissory for the defence: Cur Mil I, fo. 54 (19 Jun 1638)
  • Plaintiff interrogatories: Cur Mil I, fo. 53 (no date)
  • Defence depositions: Cur Mil I, fos. 38-49 (21 Aug 1638)
  • Notary public's certificate: Cur Mil I, fo. 50 (no date)
  • Defence: Cur Mil I, fo. 55 (Mic 1638)
• Sentence / Arbitration
  • Plaintiff's sentence: 18/2ea (5 Dec 1638)
  • Plaintiff's bill of costs: 18/2h (5 Dec 1638)
• Submission
  • Submission: 4/6 (1638)
  • Defendant's petition to Arundel: 12/3g (3 Dec 1639)
• Proceedings

People mentioned in the case

• Arscott, Captain
• Bellewe, George (also Bellew)
• Bourchier, Henry, earl of Bath
• Chafe, Thomas (also Chaffe)
• Challoner, Daniel, clerk (also Chaloner)
• Coffin, James, gent (also Coffyn, Cofyn)
• Cutting, Henry
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Furse, George
• Gwyn, Dr (also Gwynn)
• Halfe, John, gent
• Heath, Francis
• Holman, Nicholas
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Morris, William, esq
• Paget, William, esq (also Pagett)
• Parry, George
• Payne, Hugh, barber
• Pecocke, Thomas, esq (also Peacock)
• Prerast, Mr
• Prideaux, Nicholas, esq
• Prust, Hugh, gent
• Pyne, John, clerk
• Risdon, Giles, gent (also Risden)
• Sainthill, Walter, notary public
• Salterne, John, yeoman
• Smith, Robert, innkeeper / barber (also Smyth)
• Stephens, Nathaniel, attorney (also Stevens)
• Terrick, Humphrey
• Yeo, George, gent

Places mentioned in the case

• Cornwall
  • Stratton
• France
  • Isle de Rhé
• London
  • Blackwell Hall
• Middlesex
  • Westminster
• Spain
  • Cadiz

Topics of the case

• assault
• assizes
• denial of gentility
• drinking healths
• drunkenness
• giving the lie
• military officer
• other courts
• reconciliation
• trained band