118 Colvile v Landen

118 COLVILE V LANDEN

Richard Colvile of Newton, Isle of Ely, esq v Sir Phillipp Landen of Humbleby, co. Lincoln, knt

December 1637 - November 1638

Abstract

Colvile, a justice of the peace and former high sheriff, petitioned that at a public meeting at Wisbech between August and October 1637, together with the Bishop of Ely, he wrote letters to Landen. He maintained that Landen read one of the letters aloud and, despite being warned that Colvile was a gentleman, declared it 'a base letter', 'from a base fountaine', and 'fitter to be sent to footemen then to gentlemen'. Process was granted on 15 December 1637, and on 12 February 1638 Dr Duck presented the libel and nominated a commission for taking the testimony of Colvile's witnesses headed by Francis Parlet, esq, which was to meet at the Black Bull Inn at Wisbech in the Isle of Ely between 28 and 30 March 1638. On 6 November 1638 proceedings ceased with notification of Landen's death.

Initial proceedings

3/71, Petition to Arundel

'At a publique meeting of the county at Wisbech in the Isle, the petitioner, together with the Lord Bishopp of Ely and others, writt severall letters to Sir Philip Landen, kt; and after the open reading of the petitioner's letter in the face of the country Sir Phillipp openly affirmed that it was an unworthy letter, with other scandalous words; and some of the petitioner's friends standing by said it came from a worthy gent whereupon Sir Phillipp replyed that it was a base letter and came from a base fountaine, and fitter to be sent to footemen then to gentlemen, with other provoking and opprobrious words, to the great disgrace of the petitioner.'

Petitioned that Landen be brought to answer.

Process granted by Maltravers on 15 December 1637.

Signed H. Maltravers

3/72, Plaintiff's bond

16 December 1637

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

Signed by Richard Colvile

Sealed, subscribed and delivered in the presence of Lambert Richardson and Gilbert Dethick.

7/113, Defendant's bond

15 February 1637/8

Bound to attend the court in the painted chamber, Palace of Westminster, and to pay costs and charges and perform the orders of the court.

Signed by Philip Landen.

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

Defendant's case

14/2p, Plaintiff interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. Of what age, occupation and condition was the witness during the last seven years? How did the witness know the litigants?

2. Was the witness a relative of either party, and if so by what degree? Was the witness a household servant or retainer to either party and how much were they worth with their debts paid?

3. Whether he was a subsidy man, or had paid ship money, and if so, how much?

4. Whether Colville was a gentleman of an ancient family? Did he live in that fashion? Was he a Justice of the Peace for Cambridgeshire; and had he served as High Sheriff?

5. Whether he was present at Wisbech in the Isle of Ely between August and October 1637 when Landen received a letter from Colville. After reading it had Landen said 'it was unworthy letter and a base letter, and that it came from a base fountayne, and that it was fitter to be sent to foote men then to gentlemen'? What other words against Colville had Landen said? Did not 'some persons standing by' warn Landen that Colville was a gentleman?

6. Whether he knew John Crosse of Wisbech, gent, Roger Spensly of Holme Hale, co. Norfolk, gent, Thomas Davye of Beeby, co. Leicester, gent, Edward Crosse of Wisbech, gent, Thomas Holmes of Wisbech, gent, John Wooll of Upwell, co. Norfolk, yeoman, George Lenton of St Giles-in-the-Fields, co. Middlesex, Robert Edwards of Wisbech, gent, William Fisher of Elm, in the Isle of Ely, gent. Were these men 'of good credit, reputacon and estimacon', whose testimony could be trusted?

Introduced 10 July 1638.

Signed by Arthur Duck.

Summary of proceedings

Dr Duck acted as counsel for Colvile and Dr Ryves for Landen. On 12 February 1638 Landen was to appear in response to a summons but Dr Ryves appeared on his behalf. Dr Duck presented the libel and named the commissioners for taking the testimony of Colvile's witnesses as Francis Parlet, esq, Robert Wilkes, esq, Thomas Hunstone, gent, and Abel Hodges, clerk, and also John Hubbard, esq, Thomas Love, gent, Thomas Whicke, and Henry Farror, gent, to sit at the inn called the Black Bull in Wisbech in the Isle of Ely, co. Cambridge, from 28 to 30 March 1638. After a petition from Duck an attachment was awarded against Landen. On 6 November 1638 proceedings ceased with notification of Landen's death.

Notes

Richard Colvile of Newton appeared in the visitation of Cambridge in 1619 as married to Sarah, daughter of Lawrence Buck. He was the son of Richard Colvile of Newton, esq, and Mary, daughter of Sir Thomas Barnardiston of Ketton, knt. He was appointed to the commission of the peace for the Isle of Ely in February 1633.

J. W. Clay (ed.), The Visitations of Cambridgeshire, 1575 and 1619 (Publications of the Harleian Society, 41, 1897), p. 105; 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, 34, 2004), part 1, p. 68.

Documents

• Initial proceedings
  • Petition: 3/71 (15 Dec 1637)
  • Plaintiff's bond: 3/72 (16 Dec 1637)
  • Defendant's bond: 7/113 (15 Feb 1638)
• Defendant's case
  • Plaintiff interrogatories: 14/2p (10 Jul 1638)
• Proceedings
  • Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)

People mentioned in the case

• Barnardiston, Mary
• Barnardiston, Thomas, knight
• Buck, Lawrence
• Buck, Sarah
• Colvile, Mary (also Colville)
• Colvile, Richard, esq (also Colville)
• Colvile, Sarah (also Colville)
• Crosse, Edward, gent
• Crosse, John, gent
• Davye, Thomas, gent
• Duck, Arthur, lawyer
• Edwards, Robert, gent
• Farror, Henry, gent (also Farrar)
• Fisher, William, gent
• Holmes, Thomas, gent
• Hodges, Abel, clerk
• Howard, Henry, baron Maltravers
• Hubbard, John, esq
• Hunstone, Thoams, gent
• Landen, Phillipp, knight
• Lenton, George
• Love, Thomas, gent
• Parlet, Francis, esq
• Richardson, Lambert
• Ryves, Thomas, lawyer
• Spensly, Roger, gent (also Spenceley)
• Terrick, Humphrey
• Whicke, Thomas
• Wilkes, Robert, esq
• Wooll, John, gent

Places mentioned in the case

• Cambridgeshire
  • Wisbech
• Isle of Ely
  • Elm
  • Newton
• Leicestershire
  • Beeby
  • Ketton
• Lincolnshire
  • Humbleby
• Middlesex
  • St Giles-in-the-Fields
  • Westminster
• Norfolk
  • Holme Hale
  • Upwell

Topics of the case

• denial of gentility
• high sheriff
• insult before gentlemen
• justice of the peace
• office-holding
• ship money
• subsidy
• taxation