117 Collin v Wigg

117 COLLIN V WIGG

Joshua Collin of St Benet Sherehog, London, gent v William Wigg of St Benet Sherehog, London, grocer, Philip Bisse, William Hodson and Henry Dudley, all of London, vintners

February - December 1640

Abstract

The principal prosecution in this case was directed against Wigg whom Collin, a ward constable, accused of jostling him and calling him 'brokerly fellow or knave or Rascall', in the Mitre Tavern in Cheapside on 27 December 1639. Their quarrel was rooted in conflict over parochial office-holding. Wigg was said to have borne a grudge against Collin for opposing him in the choice of 'a quest man' or other parochial official. He also claimed that Collin had called him 'drunken fellowe, perjured fellowe, forsworne fellowe, and idle base quarrelsome fellow' after he appeared as a witness for a Mr Deaves in a suit against Collin. Wigg himself had pretensions to gentility, basing his claim on a coat of arms painted on a parchment which he told his fellow grocer, James Holiwell, belonged to him and his family. On the strength of this he said that he intended to sue Collin in the Court of Honour. Collin did his best to demonstrate that Wigg had impugned the jurisdiction of the court by describing its warrant as a 'scarr crowe', later giving out that he would 'never perform' the submission imposed on him.

Proceedings were under way in February 1640; between March and May Sir Henry Marten personally took the depositions of the plaintiff's witnesses and in July Wigg was sentenced to pay £20 in damages, £20 in costs and perform a submission. On 14 September 1640 Collin complained to the court that Wigg had done none of this and was pretending that he had obtained an order from the Earl Marshal to defer it. Collin petitioned that Wigg perform his submission at 'the next court daie of Assistants (as he should have done long since)'; but in December Dr Duck petitioned for Wigg's attachment, suggesting that he had still not done what was required.

Initial proceedings

2/19, Plaintiff's bond

19 February 1640

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

Signed by Jos. Collin.

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

2/11, Defendant's bond

24 February 1640

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

Signed by William Wigg of St Benet Sherehog, London, grocer, on behalf of Bisse.

Sealed, subscribed and delivered in the presence of Jos. Collyn.

2/10, Defendant's bond

24 February 1640

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

Signed by William Wigg of St Benet Sherehog, London, grocer on behalf of Hodson.

Sealed, subscribed and delivered in the presence of Jos. [Collin].

Plaintiff's case

14/3pp, First set of defence interrogatories

1. All witnesses to be warned against the crime of perjury.

2. The witnesses were asked where they lived and what was their occupation? How much were they rated at in the last assessment and how much did they pay?

3. 'Did they ever know or see William Wigg before the time of the pretended speaking of the words in the libel, and where and when and upon what occasion'?

4. 'Where were the pretended words spoken, and if in the house called the sign of the Miter, then in what roome of the house; what occasion was given thereof, what words were spoken before by any person or what after'?

5. 'Did not Joshua Collins, before or at the time of William Wigg his coming into the taverne of the Miter, use reproachfull speeches of William Wigg concerning some parish or precinct business? What was that business, and what were the words which Collins used to or of William Wigg?'

6. 'How may quarts or pints of wine, or sack, or ale, or other liquor, had the plaintiff and his company drunk, before the coming of William Wigg, and the rest of the defendants into the taverne roome; and what came the shott and reckoning to at their departure'?

No date.

No signatures.

14/3z, Second set of defence interrogatories

1. How long had the witness known Joshua Collin and 'Mr William Wigg', Henry Dudley, William Hodson and Philip Bisse? What 'words or speeches *within these three years last* have you heard Mr Collins utter or speak to, of, or against Wigg or any of the other defendants, and which of them *and when*'? What words or speeches had the witness heard the defendants' speak against Collin, and when and where? What 'was the first cause or beginning of such speeches and who gave the first provocation?'

No date.

No signatures.

Cur Mil 1631-1642, fos. 43r-45v, Plaintiff depositions

fos. 43r-44r (Witness 1), John Treagle of St Mary-le-Bow parish, London, 'scriptor', lived there for about 11 years, born at St Giles-without-Cripplegate, London, aged about 38

19 March 1640

To Collin's libel:

4. On 27 December last, he was at the Mitre tavern in Cheapside, with Mr Francis Wiseman, when Wiseman asked one of the staff called Philip, about the quarrel between Collin and Wigg that had occurred shortly before. Philip responded that 'divers fowle words' had passed, and that Wigg had jostled Mr Collin, who then struck Wigg. Wigg had called Mr Collin 'brokerly fellow or knave or Rascall'. Wiseman asked Philip what Wigg had meant by 'brokerly fellow'. Philip replied that he knew not. Wiseman asked Philip 'whether he did not conceive that Wigg by the worde brokerly did meane that Mr Collins was a man broken or decayed in his estate or to that effect, whereto Philip answered, Yes, I thinke he meant soe'.

Signed by John Treagle.

To Wigg's first set of interrogatories:

2. He was taxed for 5 shillings of ship money, but had not paid it.

3. 'He doth not remember that he ever sawe William Wigg before'.

4. The aforesaid passages occurred in an upper room of the Mitre.

To Wigg's second set of interrogatories:

1. He had known the plaintiff for a month, but had no acquaintance with the defendant, Dudley or Hodson, 'but thinketh he should know Philip if he should see him againe.'

Signed by John Treagle.

Repeated in court before Sir Henry Marten on 21 April 1640, in the presence of Richard Meade, notary public.

fos. 44v-45v (Witness 2), James Adams of St Andrew's parish, Holborn, London, gent, lived there for about 12 years, before that in St Andrew Undershaft parish, London, for 5 years, born there, aged about 26

21 March 1640

To Collin's libel:

4. About 28 December last, he was on Fleetbridge, London, with Collin and his wife, Mr Dudley a vintner of Cheapside and his son. He there heard Mr Dudley's son say that William Wigg had been in a tavern with Mr Collin where he had said 'Collins, thou arte a base knave and a rascall'. Dudley's son said that Wigg had said these words because Mr Collin had opposed his choice of 'a quest man or some such office of the parish where they lived'.

To Wigg's first set of interrogatories:

2. He was of Lincoln's Inn, a deputy examiner in Chancery, and had paid several pounds in ship money.

3. As witness 1.

To Wigg's second set of interrogatories:

1. He had known Collin for 8 years, and Wigg 'by sight onely for about 3 weekes last past'.He had not seen the young Dudley since he said the words, and did not know Hodson or Bisse. He did not remember what words Collin used against Wigg, and could not remember Wigg using any 'evil words' against Collin.

Signed by James Adames.

Repeated in court before Sir Henry Marten on 25 March 1639.

Cur Mil 1631-1642, fos. 46v-47r, Plaintiff deposition

fos. 46v-47r (Witness 3), William Dale of St Bridget's parish, London, glassmaker, lived there for 7 years, born at Thornbrough, Kilvington parish, co. York, aged about 33

25 March 1640

To Collin's libel:

4. On 28 December last he passed by Mr Joshua Collins, his wife, Mr Adams, and Henry Dudley who were talking together on Fleetbridge, London. He heard Dudley say that he had heard William Wigg call Mr Collin in a Cheapside tavern 'base stinking rogue and base beggarly rogue and base rascall'.

To Wigg's first set of interrogatories:

2. He worked at the glasshouse in Broad Street, was not taxed for ship money but was worth £100 with his debts paid.

3. He had never seen Wigg before the time aforesaid.

4. The words were spoken on Fleetbridge.

To Wigg's second set of interrogatories:

1. He had known Mr Collin for a month or 6 weeks. 'He hath once seen Wigg about a week since and hath seene Dudley once since the time he heard him speak the words aforesaid at Fleetbridge... and saith he is a mere stranger to all the parties... in this cause'.

Signed by William Daile.

Repeated in court before Sir Henry Marten on 25 March 1639.

Cur Mil 1631-1642, fos. 60r-v, Plaintiff deposition

fos. 60r-v (Witness 4), Francis Wiseman of St Lawrence, Old Jewry, London, gent, lived there for about 11 years, born in Barwick, co. Somerset, aged about 44

To Collin's libel:

1. He had known Collin for 7 or 8 years, whom he believed was a gentleman descended of an ancient family, as he was reputed.

4. Around 27 December last he was at the Mitre Tavern in Cheapside where he heard Philip Bisse say that he had heard William Wigge say that Mr Collin 'was a base brokerly or broken Rogue and a Rascall'. Mr Treagle was also present.

To Wigg's first set of interrogatories:

2. He was an attorney in the King's Bench and had not paid ship money.

3. He had never seen Wigg until 2 months ago.

4. Bisse spoke the words in an upper room of the Mitre Tavern near the street, having been asked by the witness what he had heard Wigg say.

To Wigg's second set of interrogatories:

1. He had known Collin for 7 or 8 years, but knew Wigg and Bisse 'by sight onely'.

Signed by Francis Wiseman

Repeated in court before Sir Henry Marten, lieutenant, on 21 April 1640, with Richard Meade as notary public.

Cur Mil 1631-1642, fos. 82v-83v, Plaintiff deposition

27 April 1640

fos. 82v-83r (Witness 5), James Clarke of St Mary Colchurch, London, grocer, lived there for 13 years, born at Kentchurch, co. Hereford, aged about 40

To Collin's libel:

1. He had known Collin for 7 years. Collin was a tradesman and constable of the ward of Cheap. Henry Dudley was reputed a vintner.

4. He was at the Mitre Tavern in Cheapside with Joshua Collin, and Henry and Thomas Dudley, 'about the later end of Christmas last past', when Henry Dudley told him that when Collin and Wigg quarrelled on St Thomas's day; Wigg 'did first jostle and assault Mr Collin and afterwards called him stinking fellowe and used other evil language to him.'

To Wigg's first set of interrogatories:

2. He had paid ship money several times, £4 on one occasion, and £2 on another, but had not paid the most recent levy of it. He was worth over £100 with his debts paid.

3. He had known Wigg for 16 years.

4. Henry Dudley spoke the words in a lower room of the Mitre Tavern when he was asked by Mr Collin or his father what he had heard Wigg say.

5. He was not present at the quarrel between Collin and Wigg.

Signed by James Clarke.

To Wigg's second set of interrogatories:

1. He did not remember hearing Collin or Wigg 'speake any evil words of each other'.

Signed by James Clarke.

Repeated in court, 29 April 1640.

Cur Mil 1631-1642, fos. 85r-86r, Plaintiff deposition

28 April 1640

fos. 85r-86r (Witness 6), James Holiwell of St Swithin's, London, grocer, lived there for 3 years, born at Manchester, co. Lancaster, aged about 28

To Collin's libel:

7. He was with William Wigg in his shop in Bucklersbury, London 'about a fortnight after Christmas last', when Wigg said 'that he was a gentleman of an ancient family'. Wigg then showed him a coat of arms painted on parchment, which he claimed a kinsman had told him belonged to him and his family.

To Wigg's first set of interrogatories:

2. He was not taxed for ship money and was worth about £10 with his debts paid.

3. He had known Wigg for 10 or 12 years.

4. Wigg spoke the words in his shop in Bucklersbury and said 'he intended to sue Joshua Collins in the Court of Honour for his abuse of him.'

5. He was not present at the quarrel between Collin and Wigg.

Signed by James Clarke

To Wigg's second set of interrogatories:

1. Within the last 3 years he had heard Collin call Wigg 'drunken fellowe, perjured fellowe, forsworne fellowe, *and idle base quarrelsome fellow* and knave'. The quarrel had arisen because Wigg was a witness for 'one Mr Deaves against Mr Collins'. Collin had said that Wigg 'did forsweare himself in that businesse and hath ever since borne the said Wigge evill will'.

Signed by James Hallywell

Repeated in court before Sir Henry Marten, 29 April 1640.

Cur Mil 1631-1642, fo. 113r, Plaintiff deposition

fo. 113r (Witness 7), Edward Cox of St Clements Danes without Temple Bar, born at Chipping Norton, co. Oxford, aged about 44

8 May 1640

To Collin's libel:

1. During last Hilary term he executed a warrant from the court upon Wigg. Wigg submitted himself and obeyed the warrant. Wigg did not say that the warrant was 'a scarr crowe [sic] neither did he any way slight the warrant'.

Signed by Edward Cox

Repeated on 8 May 1640 in court before Sir Henry Marten.

Defendant's case

15/4s, Defence

1. The witnesses examined on behalf of Collin were capital enemies to Wigg who could be brought to depose untruthfully.

2. He denied speaking all the words at the time and place mentioned in the libel.

He pleaded the judges for justice and his expenses.

No date.

Signed by Thomas Ryves.

Submission

5/129, Defendant's bond of submission

30 July 1640

William Wigg was to pay £40 in costs and damages to Joshua Collin and to certify the performance of his submission.

Signed by William Wigg, Humfrey Farley and Henry King.

Signed, sealed and delivered in the presence of John Longland.

7/21, Petition to Maltravers

3 and 14 September 1640

'That whereas, in trinite terme last, sentence was given by your Lordship in the Court Militarie in a cause depending there betweene your peticoner and one William Wigg for certaine scandalous words trulie proved to have been spoken by Wigg, by which sentence your Lordship was pleased to order to your peticoner £20 cost of suite, £20 damages and a submission.

Yett soe it is, maie it please your honor, that Wigg not onely utterly refuseth to p[er]forme anie parte of the sentence, pretending that hee hath obteyned order from your Lordship for the deferringe of the same, but also goes on to vex and molest your petitioner with severall malicitous and frivolous suits, and gives out that hee will never p[er]forme your Lordship's sentence.

Your peticoner therefore humbly desireth that your honour wilbe pleased to appointe a day certaine both for the paiement of the costs and damage, and for the performance of his submission.

14 September 1640. And your petitioner as in duty bound shall let William Wigg make his submission the next court daie of assistants (as he should have done long since) and paie to the peticoner the some of £20 for his costs on Micha[elma]s daie next, and the other £20 for damages on the 4 December next; or ells let an attachment issue forth against him for his contempt.'

Signed by Maltravers.

[Notes in margin]:

Both parties are to attend his lordship on Tuesdaie morning next.

The submission is right.

3 Sep 1640.

Summary of proceedings

Dr Duck acted as counsel to Collin, and Dr Talbot and Dr Ryves for the defendants. The cause appeared before Lord Maltravers and the earl of Huntingdon on 4 December 1640, where Dr Duck petitioned for Wigg's attachment, but mention was also made of arbitration.

Notes

William Hodson may have been the third son of Daniel Hodson of London, merchant, mentioned in the Visitation of 1634. William Wigg of London, grocer was married to Cicely, daughter of Rafe King of London, vintner, and mentioned in the Visitation of 1633.

J. J. Howard and J. L. Chester (eds.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 15, 1880), vol. 1, p. 388; J. J. Howard (ed.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 17, 1883), vol. 2, p. 32.

Documents

• Initial proceedings
  • Plaintiff's bond: 2/19 (19 Feb 1640)
  • Defendant's bond: 2/10 (24 Feb 1640)
  • Defendant's bond: 2/11 (24 Feb 1640)
• Plaintiff's case
  • First set of defence interrogatories: 14/3pp (no date)
  • Second set of defence interrogatories: 14/3z (no date)
  • Plaintiff's depositions: Cur Mil 1631-42, fos. 43-5 (19-21 Mar 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fos. 46-47 (25 Mar 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fo. 60 (21 Apr 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fos. 82-3 (27 Apr 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fos. 85-6 (28 Apr 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fo. 113 (8 May 1640)
• Defendant's case
  • Defence: 15/4s (no date)
• Submission
  • Bond on submission: 5/129 (30 Jul 1640)
  • Petition to Maltravers: 7/21 (3 and 14 Sep 1640)
• Proceedings
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Adams, John, gent (also Adames)
• Bisse, Philip, vintner
• Clarke, James, grocer
• Collin, Joshua, gent (also Collyn, Collins)
• Cox, Edward
• Dale, William, glassmaker (also Daile)
• Deaves, Mr
• Dudley, Henry, vintner
• Farley, Humphrey
• Hastings, Henry, earl of Huntingdon
• Hodson, Daniel, merchant
• Hodson, William, vintner
• Holiwell, James, grocer (also Hallywell)
• Howard, Henry, baron Maltravers
• King, Cicely
• King, Henry
• King, Rafe, vintner
• Marten, Henry, knight
• Meade, Richard, notary public
• Ryves, Thomas, lawyer
• Talbot, Clere, lawyer
• Treagle, John 'scriptor'
• Watson, John
• Wigg, Cicely
• Wigg, William, grocer
• Wiseman, Francis, gent

Places mentioned in the case

• Herefordshire
  • Kentchurch
• Lancashire
  • Manchester
• London
  • St Andrew Undershaft
  • St Bridget's
  • Broad Street
  • Bucklersbury
  • Cheapside
  • Fleetbridge
  • Fleet Bridge
  • Old Jewry
  • St Andrew
  • St Benet Sherehog
  • St Giles-without-Cripplegate
  • St Lawrence
  • St Mary Colchurch
  • St Mary-le-Bow
  • St Swithin
  • Temple Bar
• Middlesex
  • Holborn
  • Lincoln's Inn
  • St Clement Danes-without-Temple Bar
  • Westminster
• Oxfordshire
  • Chipping Norton
• Somerset
  • Barwick
• Yorkshire
  • Thornbrough in Kilvington

Topics of the case

• allegation of perjury
• coat of arms
• Court of Chancery
• denial of gentility
• drunkenness
• inns of court
• King's Bench
• office-holding
• ship money
• taxation