126 Cooke v Crosse

126 COOKE V CROSSE

John Cooke of Gringley co. Nottingham, gent v John Crosse of the same, yeoman

May - December 1640

Abstract

Cooke petitioned that in March 1640, without provocation, Crosse challenged him to fight and called him 'base lyeing knave' in the street before a crowd of people. Process was granted on 15 May 1640, and in December the examination of the witnesses to the libel were introduced into the court; but no further proceedings survive.

Initial proceedings

5/41, Petition

'Your petitioner is a gent, descended of an ancient family of gentrie bearing armes. And that one John Crosse of Gringley aforesaid without any provocation in the month of March last past, in the open street before a great company of people there mett together, did give your petitioner the lye several times, saying your petitioner was a base, lyeing knave, with many other opprobrious and disgracefull wordes; and did severally times then and there challendge your petitioner to meet him where he durst, by the premises verie much provoking your petitioner to duell.'

Prays that Crosse may be brought to answer.

Maltravers granted process on 15 May 1640.

5/40, Plaintiff's bond

18 May 1640

Bound to 'appear in the court in the Painted Chamber within the palace of Westminster'.

Signed by John Cooke.

Sealed subscribed and delivered in the presence of John Watson.

5/97, Defendant's bond

20 June 1640

Bound to 'appear in the court in the Painted Chamber within the palace of Westminster'.

James Webster of Chesterfield, co. Derby, acting on behalf of Crosse.

Signed James Webster.

Sealed subscribed and delivered in the presence of John Rainshaw and John Dynham.

R.19, fo. 1r, Summary of libel

'Cooke being an honest man and esteemed a gentleman, descended of a family of gentry, and c. Crosse (without any provocation), before many persons, gave Cooke many times the lye and said that he was a base lying knave. Thereby to provoke and c.'

1640

No signature.

Summary of proceedings

Dr Zouche acted as counsel for Cooke and Dr Talbot for Crosse. This cause appeared on 10 and 24 October, when order was given to send to the commissioners for the examinations of the witnesses upon the libel, and there were introduced on 4 December 1640.

Notes

John Cooke did not appear in the Visitations of Nottinghamshire in 1614 and 1662-3.

G. W. Marshall (ed.), The Visitations of the County of Nottingham in the years 1569 and 1614 (Publications of the Harleian Society, 4, 1876); G. D. Squibb (ed.), The Visitation of Nottinghamshire begun in 1662 and finished in 1664 (Publications of the Harleian Society, new series, 5, 1986).

Documents

• Initial proceedings
  • Petition: 5/41 (15 May 1640)
  • Plaintiff's bond: 5/40 (18 May 1640)
  • Defendant's bond: 5/97 (20 Jun 1640)
  • Summary of libel: R.19, fo. 1r (1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings: 1/11, fos. 49r-52r (24 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Cooke, John, gent (also Cook)
• Crosse, John, yeoman
• Dynham, John
• Howard, Henry, baron Maltravers
• Rainshaw, John
• Talbot, Clere, lawyer
• Watson, John
• Webster, James
• Zouche, Ralph, lawyer

Places mentioned in the case

• Middlesex
  • Westminster
• Nottinghamshire
  • Gringley
  • Derbyshire,
  • Chesterfield

Topics of the case

• challenge to a duel
• denial of gentility
• giving the lie