343 Kinaston v Pyott

343 KINASTON V PYOTT

Thomas Kinaston of St Antholin, London, gent v Richard Pyott of St Lawrence Jewry, London, grocer

July 1639

Abstract

Kinaston complained that betweenMarch and June 1639 in the parish of St Lawrence Old Jewry, Pyott said to him without provocation, 'By God you lye', adding, 'your owne conscience tells you, you lye.' Process was granted on 4 July 1639 and Pyott admitted the charges on the 12^th. He craved the court's pardon and submitted himself to its censure, but the final sentence does not survive.

Initial proceedings

6/99, Plaintiff's bond

3 July 1639

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

Signed by Thomas Kynaston.

Sealed and delivered in the presence of Humphrey Terrick.

6/92, Petition to Maltravers

Kinaston was 'a gentleman well descended; and that within a moneth last paste Richard Pyott of the parish of St Lawrence Jury London, grocer, did much revile and abuse the petitioner with many opprobrious words; and, amongst other reproachfull and scandalous termes, Mr Pyott without any provocacon from the petitioner saide to the petitioner these words, vizt. Thou lyest, thereby provoking the petitioner to duell.'

Petitioned that Pyott be brought to answer.

Maltravers granted process on 4 July 1639.

6/86, Defendant's bond

5 July 1639

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

Signed by Richard Pyott.

Sealed and delivered in the presence of Humphrey Terrick.

13/3q, Libel

1. Kinaston's family had been ancient gentry for over 300 years.

2. Richard Pyott between March and June 1639 in the parish of St Lawrence Jewry, said to him 'By God you lye' or words to that effect, words liable to provoke a duel.

Kinaston pleaded to the judges to restore his honour and settle his damages and expenses.

No date.

Signed by William Merrick.

13/3s, Personal answer

1. He believed Mr Kinaston was 'a gentleman and soe reputed, and otherwise he doth not beleeve the same to bee true.'

2. He believed that 'in a taverne within the towne and parish articulate and before 4 persons he did say to Thomas Kinaston', 'By God you lye, your owne conscience tells you, you lye'. Otherwise 'hee doth not beleeve the same to bee true in any parte.'

3. 'To the last he answereth and confesseth as before and otherwise negatively.'

He 'doth submitt himselfe to the censure of this hoble courte, and doth most humbly crave the pardon of this hoble courte for his rashe wordes aforesaid.'

Endorsed and introduced on 12 July 1639.

Signed by Richard Pyott.

Notes

Neither party appeared in the Visitations of London: 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; J. J. Howard (ed.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 17, 1883), vol. 2; J. B. Whitmore and A. W. Hughes Clarke (eds.), London Visitation Pedigrees, 1664 (Publications of the Harleian Society, 92, 1940); T. C. Wales and C. P. Hartley (eds.), The Visitation of London begun in 1687 (Publications of the Harleian Society, new series, 16 and 17, 2004).

Sarah Pyott, daughter of the late Richard Pyott of St Lawrence, London, alderman, that married Francis James of St Olave Jewry, London, in 1620, was probably a relative of the defendant.

J. L. Chester and G. J. Armytage (eds.), Allegations for Marriage Licences issued by the Bishop of London, 1611-1828, vol. II (Publications of the Harleian Society, 26, 1887), p. 92.

Documents

• Initial proceedings
  • Plaintiff's bond: 6/99 (3 Jul 1639)
  • Petition to Maltravers: 6/92 (4 Jul 1639)
  • Defendant's bond: 6/86 (5 Jul 1639)
  • Libel: 13/3q (no date)
  • Personal answer: 13/3s (12 Jul 1639)

People mentioned in the case

• James, Francis
• James, Sarah
• Kinaston, Thomas, gent (also Kynaston)
• Merrick, William, lawyer
• Pyott, Richard, alderman
• Pyott, Richard, grocer
• Pyott, Sarah
• Terrick, Humphrey

Places mentioned in the case

• London
  • St Antholin
  • St Lawrence Jewry
  • St Olave Jewry
• Middlesex
  • Westminster

Topics of the case

• blasphemy
• giving the lie
• provocative of a duel