357 Kirton v Davies

357 KIRTON V DAVIES

William Kirton of Castle Cary, co. Somerset, gent v James Davies of Hadspen in Bruton, co. Somerset, gent

October 1639 - December 1640

Abstract

Kirton had appeared as a witness in a lawsuit at the Somerset summer assizes of 1639, between Davies and his nephew Edward Kirton, esq. Davies believed that Kirton had lied in denying that his nephew owed Davies tithes for Hadespen rectory, Somerset, and in August 1639 and thereafter had called him 'knave and base knave', not only to his face, but also several times 'behind his back amongst his neighbours' in the shops and taverns of Castle Cary, Somerset, saying that 'he cared not a T[urd] for none of the Kyrtons', who 'were all alike base fellows' and that he would 'have his eares cutt off.' Davies maintained that if he had spoken the words it was out of 'passion and grief' at Kirton's false testimony. He also maintained that whilst he 'did live in good rancke and in the repute of a gentleman', and had been educated in common law at Clifford's Inn, Kirton was not a gentleman by descent, but 'a man of a poore and weake estate'. Edward Kirton, a former Somerset J.P. and prominent M.P., and the most powerful figure in Castle Cary, managed the cause of his eighty year old uncle, apparently as a matter of family honour, entering bond on his behalf and paying some of the costs of the suit. Kirton's witnesses, all drawn from the traders and respectable citizens of Castle Cary were examined by a commission headed by Thomas Brooke, gent, and Edward Bisse, esq, on 4 and 5 March 1640, at the Phoenix Inn, Castle Cary. They supported Kirton's gentility and testified that Davies had spoken the scandalous words of Kirton on several occasions. On the issue of Davies's own gentility they gave a mixed verdict. Some testified that his elder brother Edward had inherited a considerable estate of £400- £500 pa from their father and lived 'in good ranck and in the repute of a gentleman.' Others denied this and pointed out that Davies's father had traded as a butcher in Castle Cary. The wife of a local innkeeper declared that she 'never heard until now of late' that Davies was not a gentleman and 'so commonly termed Mr Davies', which was, perhaps a reflection of the way in which a Court of Chivalry case could expose an individual's gentility to questioning. Proceedings continued until 4 December 1640, after which the case was presumably lost with the suspension of the court's proceedings.

Initial proceedings

6/29, Petition

'Your petitioner, being legally brought to be a witness in a triall at lawe betweene one James Davis of Hadspine in the countie of Somersett and an other, your petitioner made oath according to his knowledge there in. Sithence which tyme, and for noe other cause, Davis meeting your petitioner called your petitioner, knave and base knave, using divers more fowle languages; and soe continued not onely to your petitioner's face but behind his back amongst his neighbours, to the great disgrace and impairing of your petitioner's reputation and good name, your petitioner being a gent discended from an auntient family and Davis a man of meane condicon and qualitie.'

Petitioned that Davies be brought to answer

Maltravers granted process on 16 October 1639.

6/31, Plaintiff's bond

16 October 1639

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

Signed by Edward Kirton of 'Castle Carewe', co. Somerset, esq., on behalf of William Kirton.

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

2/104, Defendant's bond

4 December 1639

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

Signed by James Davies.

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

10/13b, Libel

1. The family of William Kirton had been gentry for up to 300 years, while that of John Davyes were farmers, plebeians and not gentlemen.

2. Davyes had said 'that I was a knave and that he cared not a T.[urd] for none of the Kyrtons, and that we were all alike base fellows.'

3. Davyes had said '... that I was an old knave, a base knave, and he would have my eares cutt off.'

No date.

Signed by Arthur Duck.

EM141, Personal answer

1. 'I, James Davyes, for divers yeares last past have been, and are, proprietary and proper owner of the rectory or parsonage impropriate of Hadspen alias Hatspen and have held enjoyed or possessed the same by ...Haytor and others as feoffees in trust to my use and behoofe, and I have by all the time retained the ecclesiasticall proffitts and tythes thereunto belonging'.

2. Edward Kirton, William Kirton's nephew 'holds, occupies and possesses the profits of the park of Castle Cary, and especially that part called the Lawn and an other parcell called the Rowe or the Keeper's Walk; and for the last 50 or more years all the profits have been paid to the rectory of Hadspen; 'and this is true, publicke and notorious'.

3. 'Davyes has an action at common law against Edward Kirton in the name of the feoffees and that William Kirton on oath at the trial deposed that there never were any tithes due; and 'the jury being principally moved by this testimony did find against me whereby I was dampnifed in my right and otherwise in charges to great value'.

4. In this matter Kirton 'had done Davyes great wrong'.

5. If Davies had spoken the words in the libel against Kirton, the words were spoken after the trial and 'upon consideracon and provocation and passion and griefe' that Davies had suffered because of Kirton's testimony.

6. 'I, James Davyes, and my ancestours, have beene and are, persons of free condicon and of an auncient estate of inheritance, and that my elder brother hath bene and is possessed of an estate of five hundred pounds p.a. and owner and possessor of the mannor and lordshipp of ?Ainest? in Somerset'. 'I, James Davyes, have been educated at Clifford's Inn as a student in the Common Lawes and as a student continued diverse yeares there together'.

7. 'William Kirton is unckle to Edward Kirton, and a man of a poore and weake estate of inheritance or personall estate, and doth not live in the fashion of a gentleman, nor soe accompted neyther were his ancestors, namely his father and grandfather ever accompted to be gentlemen by discent'.

No date.

No signatures.

Plaintiff's case

10/13a, Letters commisory for the plaintiff

Addressed to commissioners John Seaward, Dr of Law and Professor of Theology, James Dugdale, clerk, Thomas Brooke, gent, Edward Orange, gent, and also, Edward Bisse, esq, Edmund Greene, gent, and Christopher Coward, gent, from 2 to 4 March 1640, at the inn of Josias Roach, the sign of the Phoenix, Castle Cary, co. Somerset.

Dr William Lewin assigned [document damaged- presumably Alexander Jett] as notary public.

Dated 4 February 1640.

Signed William Lewin.

10/13c, Defence interrogatories

1. What was the witness's age, occupation and condition of living? How much were they worth in goods with their debts paid?

2. Was the witness a relative of Kirton and if so, in what degree? Was the witness a tenant, or indebted to Kirton, and if so for what property or sum?

3. Exactly when and where were the supposed words spoken? Who were present?

4. Was Kirton 'a gentleman by descent or noe'? Did the witness know Kirton's father and grandfather? Of 'what condicon, profession or quality' were they, and 'of what estate of inheritance' were they?

5. Did the witness know Davies and for how long? Did Davies's father leave an estate of £400 or £500 per annum? Did Davies's elder brother 'still possess the same or a greater estate, and have lived in the repute of a gentleman'? Did Davies himself 'live in good rancke and in the repute of a gentleman; and hath he not beene educated in the quality of a student in an Inn of Chancery in London'?

6. Did the witness know that there was a trial at the Somerset assizes for tithes between Edward Kirton, William Kirton's nephew, and Davies? Did William Kirton swear as a witness for his nephew against Davies? Did Davies suffer much prejudice by William Kirton's testimony? If Davies spoke any of the words in the libel, were they not said in reference to the truth of the oath made by William Kirton in that trial? Was Davies 'something high in beere when he spake such words and would his discretion have suffered him to have soe spoken if he had not beene heate with beere'?

No date.

Signed by Clere Talbot.

10/13d, Plaintiff's depositions

Taken before commissioners Thomas Brooke, gent, Edward Bisse, esq, James Dugdale, clerk and Edmund Greene, gent, at the Sign of the Phoenix, Castle Cary, co. Somerset, between 11 and 12 noon, on 4 March 1640, with Alexander Jett as notary public.

(Witness 1), Joanna, wife of Nicholas Cosens of Castle Cary, co. Somerset, mercer, lived there for 12 years, born in Bruton, co. Somerset, aged about 32

To Kirton's libel:

2-3. About 10 or 11pm at night about a month after the summer assizes of 1639, James Davyes came into the hall of her husband's tavern in Castle Cary, and said he had been with Mr William Kirton who 'had donne him wronge, and that he was an old knave and had taken a false oathe, and then shortlie thereupon he fell asleepe in the same roome in a chaire'. She could not remember who else was present. One Tuesday market day at about noon two months later she was in her husband's shop in Castle Cary, 'that openeth to the streete'. Two or three people were in the shop whose names she could not remember, when James Davies, in the street near her husband's shop window called to John Hoddinot, who was going up the street, and would have had Hoddinot come to drink a pint of wine with him, but Hoddinot refused and went away. As Hoddinot went, Davies said that William Kirton 'was an old knave and had taken a false oath.'

To Davies's interrogatories:

1. She was a married woman and never taxed in the subsidy.

4. William Kirton had always been called 'Mr Kirton and comonlie reputed to be a gentleman', but she never knew his father or grandfather.

5. She had known Davies for about 6 or 7 years and 'his eldest brother Edward Davyes hath and doth live in the repute of a gentleman', and Davies himself 'hath and doth live in good ranck and in the repute of a gentleman.'

Ult. She had heard that there was a trial at the last Somerset assizes about tithes between Mr Edward Kirton, William Kirton's nephew, and Davies in which Davies was plaintiff.William Kirton was sworn a witness for his nephew Edward Kirton against Davies and Davies reported that he suffered much prejudice by William Kirton's testimony in that trial. When Davies spoke the words against William Kirton the first time in her husband's hall, he was 'overtaken with drinck', and she believed that 'he had dranck hard when he spake the wordes before deposed of in the street.'

Signed by Joanna Cosens [her mark] and by the above four commissioners.

(Witness 2), Jane Baylie of Castle Cary, co. Somerset, spinster, had known Kirton for 6 years and Davies for 4 years, aged 22

To Kirton's libel:

2-3. At 6 or 7pm on St Bartholomew's day 1639 Mr William Kirton, her master, and his wife her mistress, were going along a street in Castle Cary from their house towards Edward Kirton's house when they were met at Maurice Francis's garden by James Davies. Davies said, 'O, Mr Kirton, I am glad to see you well; hell and damnation take you. Thou art an old knave and I will not goe into a corner to tell thee of it'. He then cursed Kirton several times. She saw nobody else present.

To Davies's interrogatories:

1. She was 'little worth, but her clothes, and liveth by her service, and that she was never taxed in subsidie.'

Signed by Jane Baylie [her mark] and by the above four commissioners.

(Witness 3), Edward Davis of Castle Cary, co. Somerset, yeoman, had known James Davies for 20 years, aged about 50

To Kirton's libel:

2-3. He had heard that James Davies 'had rayled against William Kirton, gent'. On a day soon after the Somerset assizes of 1639, he was in a common field called Hadspen in the parish of Bruton, with his kinsman James Davies. There, Edward Davis advised him to forbear his railing against William Kirton, but James Davies replied 'A pox on him... he hath given false information upon his oath to the jurie att the last assizes, that if I would I could have off his eares'. Edward Davis's servant Henry Mogg was also present loading barley nearby.

Signed by Edward Davis.

To Davies's interrogatories:

4. He knew that Mr William Kirton was a gentleman, and he knew Kirton's father 'who while he lived was reputed and taken to be a gentleman'. He never knew Kirton's grandfather, and 'never knew or heard' that Kirton's father 'was ever possessed of anie land of inheritance but they had and Kirton now hath other good meanes of lease and coppieholds.'

5. He had known Davies for over 20 years 'whose father when he dyed left an estate of between fower and five hundred pounds a yeare <and the royaltie of> whereof parte, is parte of the manor of Lamyatt, of which manor he likewise left the royaltie of his eldest sonne, in which parish of Lamyatt he *Davys the father* lived and dyed'. James Davies's eldest brother 'hath and doth hold a great parte of the meanes lefte by his father, and with that other meanes of his owne he hath bene and is of better estate then his father was, and the eldest brother hath lived and yet liveth in the repute of a gentleman'. James Davies 'hath and doth live in a good ranck.'

Signed by Edward Davis and by the four commissioners.

(Witness 4), Hercules Abarrow of Castle Cary, co. Somerset, gent, had known Kirton for 10 years and Davies for 7 years, aged about 32

To Kirton's libel:

2-3. One night after the Somerset assizes of 1639 between Michaelmas and All Hallows, Josias Roach and his wife, and William Young were all together in the hall of the Phoenix Inn in Castle Cary. 'James Davyes then and their began to talke of a tryall that had passed *at the assizes aforemenconed* between himselfe and Edward Kirton gent, nephew to William Kirton, wherein he related he had the overthrow, and that William Kirton, gent, was a witness in that suite'. Davies then said that William Kirton 'was perjured knave, or perjured man, and that he would have his eares cutt off'. The witness could not remember what else Davies said. He remembered that Ambrose Swallow was also present.

Signed by Hercules A Barough.

To Davies's interrogatories:

Ult. He believed this interrogatory to be true, and that Davies 'was some thinge highe in beare when he spake the words before deposed of Mr William Kirton.'

Signed by Hercules A Barough and by the four commissioners.

5 March 1640

(Witness 5), William Young of Castle Cary, co. Somerset, 'imbroderer', had known Kirton for all the time of his memory, aged 42

To Kirton's libel:

1. 'Mr William Kirton for all the tyme of his remembrance hath been and is comonlie accompted, reputed and taken to be a gentleman and to have descended from a gentle stock and by credible report his ancestors were of the gentrie'. James Davies 'hath and doth live in the ranck of an yeoman, and his father by common and credible repoorte in his beginning was a butcher, and used the trade of a butcher in the towne of Castle Carie and else where.'

2-3. At 7 or 8pm one night in October 1639 he met James Davies in the street at Castle Cary. Davies desired him 'to goe along with him and drinck a jugg of beare'.

On their way near the door of Josias Roach's Phoenix Inn, they met Hercules Abarrow, whom Davies also asked to drink with him at the Phoenix. They went into the hall of the Phoenix where there were also Ambrose Swallow of Castle Cary, Josias Roach and his wife. After a while Davies began to talk of Mr William Kirton 'in a disgracefull manner', saying 'that Will Kirton was a base fellow, a perjured knave', and 'I will have his eares', and 'I care not a turd for anie of the Kirtons'. Young entreated Davies 'to hold his peace, and speake noe more such words as those weare'. But Davies repeated the same words again in the presence of the above witnesses.

Signed by William Young.

To Davies's interrogatories:

1. He was worth £40 with his debts paid, but was never taxed in the subsidy.

4. He did not know the father or grandfather of Kirton.

5. He had known Davies 'for all the tyme of his memorie' and that Davies's father 'by report left a good estate when he dyed some reporting it was three, some fower and some five hundred pownds a yeare or thereabouts'. Davies's 'elder brother possesseth the greatest parte of his father's estate soe lefte, besides more meanes of his owne and hath been and is comonlie called and knowne by the name of Mr Davis'. James Davies 'hath and doth live in the rancke and repute of an yeoman.'

Ult. At the last Somerset Assizes, there was a trial concerning tithes between James Davies and Edward Kirton, gent, nephew of Mr William Kirton, in which case William Kirton was a witness for his nephew. When Davies spoke the words in the hall of the Phoenix Inn, he 'had some speeches concerning Mr William Kirton's testimonie in that cause', spoken after Davies 'had dranck hard, but he was not drunck.'

Signed by William Young and by the above four commissioners.

(Witness 6), Josias Roach of Castle Cary, co. Somerset, innkeeper, had known Kirton for all the time of his memory, aged about 42

To Kirton's libel:

1. For all the time of his remembrance, Mr William Kirton 'hath bene and is comonlie accompted and reputed to be a gentleman, and by report his auncestors weare soe'. Davies 'hath been and is called by the name of Mr Davyes, soe was his father before he dyed, but in his beginnings by common and credible reporte his father was by trade a b#tcher and lived in Castle Carie and used his trade.'

2-3. One night at about 6 or 7pm about five or six weeks after the Somerset assizes held at about St James's day, 1639, James Davies was in the hall of Roach's Phoenix Inn in Castle Cary, along with Hercules Abarrow, William Young, Roach and his wife, Davies 'of his owne accord began to talke of Mr William Kirton, and then in a disgracefull manner, he said that William Kirton was a knave and perjured, and that he did thinck he would have his eares'; and 'then likewise said that he did not care a T.[urd] for anie of the Kirtons. And he spake the same or the like disgracefull words at the same tyme and place more then once, notwithstanding he was requested to hold his peace.'

To Davies's interrogatories:

2. He was a tenant to Kirton but not indebted to him, nor 'anie kynn in consanguinitie or affinitie unto him.'

Ult. He heard Davies confess that he had sued in the common law Edward Kirton, gent, nephew of Mr William Kirton, for tithes, and that William Kirton was witness in the cause for his nephew. Davies said that 'he had received wronge by Mr William Kirton's testimonie in that tryall', when 'he spake the disgracefull words before deposed of' against Kirton. At the time Davies 'was somewhat high in beare', and if 'Davyes had then byn perfecte himselfe', Roach believed he would not have spoken as he did.

Signed by Josias Roach and by the above four commissioners.

(Witness 7), Katherine, wife of Josias Roach, of Castle Cary, co. Somerset, innkeeper, born in Westliefore, co. Somerset, had known Kirton for about 8 years and Davies for about 6 years, aged about 40

To Kirton's libel:

2-3. One evening after candle lighting, between Michaelmas and Hallowtide, there was in the hall of her husband's Phoenix Inn at Castle Cary, herself, her husband, James Davies, Hercules Abarrow and William Young. While she was in the hall, James Davies said 'in a disgracefull manner' that 'Will. Kirton is a perjured knave, and I will approve it that he is a perjured knave, and quoth he if it was followed against him, I believe he would loose his eares'.

Signed by Katherine Roach [her mark]

To Davies's interrogatories:

2. Her husband was tenant to Mr William Kirton.

5. She had known Davies for about 6 years, and that his elder brother 'lived in the ranck of a gentleman and was termed by the name of Mr Davis'. She 'never heard until now of late' that Davies was not a gentleman and so commonly termed Mr Davies.

Ult. About the time Davies spoke the disgraceful words, she had heard that Davies and Edward Kirton, William's nephew, were engaged against each other in a lawsuit.

When Davies spoke the words in her husband's hall, 'he was then highe in liquor as it seemed to' her. She 'thinketh that if he had not bene then in liquor he would not then have spoken such disgracefull words against Mr William Kirton.'

Signed by Katherine Roach [her mark] and by the above four commissioners.

(Witness 8), John Hoddinot of Castle Cary, co. Somerset, yeoman, born in the parish of Penselwood, co. Somerset, had known Kirton for about 50 years, aged about 80

To Kirton's libel:

1. He had known Kirton for about 50 years and knew his father for several years before his death. Both were 'comonlie accompted, reputed and taken in the countrie where they lived' to be gentry 'and descended from a gentle stock'. James Davies and his father had both been called Mr Davies, but Davies's father was 'a butcher by trade in Castle Carie and soe continued at least fifteene yeares after [Hoddinot] first knew him.'

2-5. Late one afternoon between Michaelmas and All Hallows 1639 he was in the street at Castle Cary when he saw James Davies near the door of Nicholas Cosens's house. Davies called to Hoddinot to go into Cosens's house 'to drinck a pynt of wine with him'. Hoddinot refused, and Davies abused him and began talking of William Kirton 'in a verie disgracefull and rayling manner', saying that 'William Kirton was an old rotten knave, and that he did hope the divell would have him and fetch him awaie'.

He could not remember who else was in the street at the time.

On another occasion between then and Christmas 1639, 'att the depth of the night', when Hoddinot was in bed at his house in Castle Cary, James Davies arrived outside and called aloud to him several times. Despite knowing his voice, Hoddinot asked Davies who he was as he was unwilling to speak with him. Davies replied he was James Davies, and Hoddinot arose and went to his 'window and opened itt and told him that a stocks was fitter for him then to be there att that tyme of night'. Thereupon Davies 'fell a rayling' at Hoddinot, and said that William Kirton 'was an old knave, and asked wheather the divell was not come for him, and if he weare not, he would verie shortlie and for [Hoddinot], and farther he said he did not care a turd for anie of the Kirtons for, quoth he, they are all roagues. And repeated the same againe and againe, and soe departed.'

Signed John Hoddinot [his mark].

To Davies's interrogatories:

5. He had known Davies from Davies's youth and knew his father who left a good estate behind him, worth £300 or £400 per annum as he heard reported, 'and by report he left the royaltie of the mannor of Lamyatt which by reporte he had unto his death'.By report Davies's 'eldest brother hath now a great parte of his father's estate, and a good estate of his owne besides. And he liveth in good ranck and fashion and is comonlie called by the name of Mr Davis.'

Ult. At the last Somerset assizes there was a trial for tithes between one Hayter, father-in-law to Davies as plaintiff, and Edward Kirton, gent, nephew of William Kirton as defendant. At that trial William Kirton was a witness for Edward Kirton. Hoddinot believed that Davies 'had dranck hard and was high in liquor at both tymes when he spake the disgracefull words'. He believed that Davies 'would not if he had bene in good temper spake the words at the said tymes.'

Signed by John Hoddinot [his mark] and by the four commissioners.

(Witness 9), Edward Gibson of Castle Cary, co. Somerset, carpenter, lived there all his life, had known Kirton for all the time of his memory, aged about 66

To Kirton's libel:

1. He had known William Kirton 'for all the time of his memorie' to 'be commonly accompted, reputed and taken to be a gentleman and soe descended. James Davies 'hath bene called by the name of Mr Davis and soe was his father before him for some yeares, but in his former years he was a butcher by trade and used his trade in Castle Carie'.

To Davies's interrogatories:

1. He was 'a poore man and liveth partelie by his labor and partelie by reliefe fom the parish, and was never in subsidie.'

Signed by Edward Gibson [his mark] and by the above four commissioners.

10/13d, Notary public's certificate

Certificate in Latin signed by Alexander Jett, notary public that the above examinations had been completed and were now being returned.

2 March 1640

Notary's mark, captioned 'vive ut vivas'.

Cur Mil 1631-1642, fos. 134v-136r, Plaintiff deposition

fos. 134v-136r (Witness 10), Edward Kirton of Castle Cary, co. Somerset, esq, lived there for 14 years, born at Alford, co. Somerset, aged about 54

To the allegation and exhibit:

He believed the arms in the exhibit belonged to the Kirtons of Somerset, for his father Daniel Kirton of 'Almford' and his grandfather Edward Kirton of 'Aylemford' used those arms. He had known William Kirton for as long as he could remember and knew him to be the natural and lawful son of Edward Kirton, the witness's grandfather. The plaintiff was the William Kirton in the exhibit. The contents of the exhibit were true.

To the interrogatories:

1. He was the plaintiff's brother's son, or nephew. The plaintiff was son of Edward, son of John Kirton of Burbage, co. Wiltshire. He believed the plaintiff's father was godson and page to Edward, Duke of Somerset 'and waited upon him in his chamber to the time of his death and had a testimonial from that noble family as appeareth by the schedule now left'. The plaintiff's grandfather, John Kirton 'had lands of good value in Burbage', and he had seen deeds and evidences which showed that John Kirton had sold land to the Duke of Somerset's family.

2. The plaintiff's father left the plaintiff an estate worth about £300 per annum. The plaintiff himself had about £100 per annum.

3. The witness believed that Davies and others sued him for tithes, but the plaintiff was a witness on his behalf. 'He believeth the contents of this interrogatory doe not concerne the cause in question in this honourable Court and therefore doth make no further answer'.

4. Negative and 'he believeth that Davies is an 'idle deboicht man *and soe reputed in the country* and did abuse Mr William Kirton with any cause at all given him.'

5. He knew the plaintiff 'to be insufferablie wronged and abused by Mr Davies; and knowing him to be a man of fowerscore years of age or thereabouts hath at his request and earnest desire paid some fees in prosecution of his cause, and did send the first monition against Davies and an attachment'.

Signed by Edward Kirton.

Repeated in court before Sir Henry Marten, 19 May 1640.

Summary of proceedings

Dr Duck acted as counsel for Kirton and Dr Talbot for Davies. The cause appeared on 10, 24 and 30 October, 20 November, and 4 December 1640, and on these dates the court moved towards hearing the sentence with Dr Duck appearing for Kirton and Dr Talbot for Davies.

Notes

Neither party appeared in the Visitations of Somerset of 1623, nor 1672. William Kirton was the uncle of Edward Kirton of Castle Cary, the M.P. for Milborne Port, co. Somerset, in the Long Parliament.

F. T. Colby (ed.), The Visitation of the County of Somerset in the year 1623 (Publications of the Harleian Society, 11, 1876); G. D. Squibb (ed.), The Visitation of Somerset and the City of Bristol, 1672 (Publications of the Harleian Society, new series, 11, 1992); M. F. Keeler, The Long Parliament, 1640-1641: A Biographical Dictionary of its Members (Philadelphia, 1954), pp. 241-2.

Documents

• Initial proceedings
  • Petition: 6/29 (16 Oct 1639)
  • Plaintiff's bond: 6/31 (16 Oct 1639)
  • Defendant's bond: 2/104 (4 Dec 1639)
  • Libel: 10/13b (no date)
  • Personal answer: EM141 (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: 10/13a (4 Feb 1640)
  • Defence interrogatories: 10/13c (no date)
  • Plaintiff's depositions: 10/13d (4-5 Mar 1640)
  • Notary public's certificate: 10/13d (2 Mar 1640)
  • Plaintiff's depositions: Cur Mil 1631-42, fos. 134v-136r (19 May 1640)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Stafford: 1/11, fos. 41r-44v (24 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)
  • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Abarrow, Hercules, gent (also A Barough)
• Baylie, Jane, spinster
• Bisse, Edward, esq
• Brooke, Thomas, gent
• Cosens, Joanna
• Cosens, Nicholas, mercer
• Coward, Christopher, gent
• Davies, James, gent
• Davis, Edward, yeoman
• Duck, Arthur, lawyer
• Dugdale, James, clerk
• Francis, Maurice
• Gibson, Edward, carpenter
• Greene, Edmund, gent
• Hayter
• Hoddinot, John, yeoman (also Hoddynott)
• Howard, Henry, baron Maltravers
• Howard, William, baron Stafford
• Jett, Alexander, notary public
• Kirton, Daniel
• Kirton, Edward, esq
• Kirton, William, gent
• Lewin, William, lawyer
• Marten, Henry, knight
• Mogg, Henry, servant
• Orange, Edward, gent
• Roach, Josias, innkeeper
• Roach, Katherine
• Seaward, John, Dr of Law and Professor of Theology
• Seymour, Edward, duke of Somerset
• Talbot, Clere, lawyer
• Terrick, Humphrey
• Watson, John
• Young, William 'imbroderer'

Places mentioned in the case

• London
  • Clifford's Inn
• Middlesex
  • Westminster
• Somerset
  • Alford
  • Bruton
  • Castle Cary
  • Lamyatt
  • Milborne Port
  • Penselwood
• Wiltshire
  • Burbage

Topics of the case

• allegation of perjury
• assizes
• denial of gentility
• drunkenness
• inns of court
• insult before subordinates
• judicial maiming
• justice of the peace
• Long Parliament
• member of parliament
• office-holding
• other courts
• scatological insult
• taxation
• threatened violence