The Court of Chivalry 1634-1640.
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Richard Cust, Andrew Hopper, '171 Draper v Abdy', in The Court of Chivalry 1634-1640, ed. Richard Cust, Andrew Hopper, British History Online https://prod.british-history.ac.uk/no-series/court-of-chivalry/171-draper-abdy [accessed 24 November 2024].
Richard Cust, Andrew Hopper, '171 Draper v Abdy', in The Court of Chivalry 1634-1640. Edited by Richard Cust, Andrew Hopper, British History Online, accessed November 24, 2024, https://prod.british-history.ac.uk/no-series/court-of-chivalry/171-draper-abdy.
Richard Cust, Andrew Hopper. "171 Draper v Abdy". The Court of Chivalry 1634-1640. Ed. Richard Cust, Andrew Hopper, British History Online. Web. 24 November 2024. https://prod.british-history.ac.uk/no-series/court-of-chivalry/171-draper-abdy.
In this section
171 DRAPER V ABDY
Robert Draper of Crayford, co. Kent, esq v Humphrey Abdy of All Hallows, Lombard Street, London, mercer
December 1639 - February 1640
Abstract
Draper complained that in the last six months Abdy and Robert Saunderson, a London innkeeper, had tried to provoke him to duel with them. Abdy had said that Draper was 'a base pernitious fellow', and that 'your honor's Court Military was a base court', while Saunderson had said that Draper was 'a base lying knave'. Process was granted on 18 December 1639, but the libel presented by Dr Duck on 4 February 1640 applied only to Abdy. No further proceedings survive.
Initial proceedings
2/60, Petition to Maltravers
Draper was 'a gentleman of blood and armes, and that within six months last, without any provocation given by the petitioner, Humfrey Abdie of London, mercer, did say that the petitioner was a base pernitious fellow, and that your honor's Court Military was a base court; and Robert Saunderson of London, innholder, without any provocation from the petitioner did within the said time say that the petitioner was a base lying knave; and the said Abdie and Saunderson by the words aforesaid did provoke the petitioner to duell with them.'
Petitioned that Abdy and Saunderson be brought to answer.
Maltravers granted process on 18 December 1639.
2/71, Plaintiff's bond
24 January 1640
Bound to appear 'in the court in the painted chamber within the Pallace of Westminster'.
Signed by Robert Draper.
Sealed, subscribed and delivered in the presence of Humphrey Terrick.
Robert Saunderson of London, innholder was also listed as a defendant.
2/57, Defendant's bond
6 February 1640
Bound to appear 'in the court in the painted chamber within the Pallace of Westminster'.
Signed by Humphrey Abdy.
Sealed, subscribed and delivered in the presence of John Watson.
Summary of proceedings
Dr Duck acted as counsel for Draper and Dr Hart for Abdy. Duck presented the libel against Abdy before Lord Maltravers and Dr Lewin in the Painted Chamber at Westminster on 4 February 1640.
Notes
Robert Draper of Crayford did not appear among the Kent Visitations of 1619-21 nor 1663-8: R. Hovenden (ed.), The Visitation of Kent taken inthe years 1619-21 (Publications of the Harleian Society, 42, 1898); G. J. Armytage (ed.), A Visitation of the County of Kent, 1663-8 (Publications of the Harleian Society, 54, 1906).
Documents
- Initial proceedings
- Petition to Maltravers: 2/60 (18 Dec 1639)
- Plaintiff's bond: 2/71 (24 Jan 1640)
- Defendant's bond: 2/57 (6 Feb 1640)
- Proceedings
- Proceedings before Maltravers: 8/31 (4 Feb 1640)
People mentioned in the case
- Howard, Henry, baron Maltravers
- Lewin, William, lawyer
- Saunderson, Robert, innkeeper
- Terrick, Humphrey
- Watson, John
Places mentioned in the case
- Kent
- Crayford
- London
- All Hallows, Lombard Street
- Middlesex
- Westminster
Topics of the case
- contempt of court
- denial of gentility
- giving the lie