386 Longe v Sticklowe

386 LONGE V STICKLOWE

Richard Longe of Lyneham, co. Wiltshire, esq v Philip Sticklowe of Chippenham, co. Wiltshire, bailiff

August 1637 - March 1639

Abstract

Longe complained that Sticklowe, a bailiff and alehouse keeper, had called him an 'impudent and audacious fellowe' at the Salisbury assizes in July 1637. Longe added that one Edward Hellier had called him 'base gentleman', and challenged him to fight, 'saying he would make a poore condiconed fellowe of him'. Process was granted on 7 August 1637 and the evidence of Longe's witnesses was taken by the commissioners Walter Hungerford, gent, and William Palmer, clerk on 15 March and 3 April 1638 at the George Inn, at Clack in Lyneham parish, Wiltshire. This supported Longe's libel and confirmed that he was descended of 'an ancient, worshipful family' and that his father was a Wiltshire JP, whereas Sticklowe was 'a man of meane condition and estate, being a common bayliffe.' Longe won the sentence on 21 February 1639 and was awarded £12 expenses and £13 6s 8d damages. Sticklowe was ordered to make submission on 5 March 1639 in the sessions hall at Salisbury before the judge of the assizes, in which he was to acknowledge Longe's gentility, and crave forgiveness for his 'rash and inconsiderate speeches', promising to behave himself 'towards him and all other the gentry of this kingdome withal due respects'.

Initial proceedings

3/161, Petition to Arundel

'Phillipp Sticklowe and Edward Hellier hath affronted your petitioner and gave him many opprobrious vilifyinge and provoking words and calling him base gentleman. And then Hellier challenged your petitioner to fight with him, saying he would make a poore condiconed fellowe of him. And since, Sticklowe at the last Assizes in Salisbury did openly and most disgracefullie revile and call your petitioner impudent and audacious fellowe. All which your petitioner will make appeare to your lordship by good proofe.

Now forasmuch as your petitioner doth hereby greatly suffer in his reputation and did not any waies provoke them to such incivill language.'

Petitioned that Sticklowe be brought to answer.

Maltravers granted process on 7 August 1637.

3/162, Plaintiff's bond

8 August 1637

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

Signed by Richard Longe.

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

3/86, Defendant's bond

20 November 1637

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

Signed by Philip Sticklowe.

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

12/1o, Citation

Sticklowe to appear at the suit of Longe for scandalous words provocative of a duel.

Dated: 7 August 1637

Introduced 18 November 1637, by the special direction of Gilbert Dethick, registrar.

Cur Mil I, fo. 162, Libel

Longe was from a family that had been gentry for up to 200 years and Philip Sticklowe was a plebeian. Between June and September in New Sarum [Salisbury], Sticklowe had said to Longe 'thou art or are an impudent audacious or bold faced fellow, a base gentleman', which words were provocative of a duel.

[Overleaf] Dated 8 November 1637

Signed by Charles Tooker.

Plaintiff's case

Cur Mil II, fo. 109, Letters commissory for the plaintiff

Addressed to commissioners Thomas Hungerford, Walter Hungerford, gent, William Palmer, clerk, Richard Constable, gent, and also, John Ducket, esq, Charles Gore, esq, Huddie Harris, gent and Francis Day, clerk, to meet from 15 to 17 March 1638 at the George Inn at Clack in Lyneham parish, co. Wiltshire.

Dethick assigned John Twittie as notary public.

Dated 3 February 1638.

Signed by Gilbert Dethick, registrar.

Cur Mil II, fos. 107-108, Preamble to plaintiff depositions

Taken before the commissioners Walter Hungerford and William Palmer between 9 and 12 noon on 15 March 1638 at the George Inn at Clack in Lyneham parish, co. Wiltshire, with John Twittie as notary public.

Further proceedings were taken before the commissioners Walter Hungerford and William Palmer between 9 and 11am on 3 April 1638, at the same place, with John Twittie as notary public.

Cur Mil II, fos. 142-49, Plaintiff's depositions

fos. 142r-v (Witness 1), John Yonge of Dauntsey, co. Wiltshire, yeoman, lived there for 16 years, born at Somerford, co. Wiltshire, aged about 55

To Longe's libel:

He had known Longe for 30 years, who for all that time lived and was accounted a gentleman 'descended of an ancient and worshipful family.' He had known Sticklowe for 20 years, who 'doth live in a mean ranke and condicon being by profession a common bayliffe or writt server and also keepeth an alehouse and is a man of noe esteeme in the place where he now dwelleth'. 'About St James tide last', he was at Sticklowe's house in Chippenham when Sticklowe 'in a disgraceful manner' told him 'that he had called Mr Longe base gentleman to his face, which words were voluntarily and maliciously uttered by Sticklowe in detraction from the gentility and discent of Mr Longe *and there being then present one John Gale and Thomas Palmer* he having no provocation or inducement thereunto.'

Signed by John Yonge [his mark], and the above two commissioners.

fos. 142v-144r (Witness 2), Richard Huntley of Lyneham, co. Wiltshire, yeoman, born there, aged about 60

To Longe's libel:

Longe had lived in Lyneham parish for 50 years and for all that time had lived in the rank, quality and repute of a gentleman. He had heard that Longe was descended from 'an ancient worshipful family'. He had known Sticklowe for over 8 years, 'during which time he hath lived in a mean condicon of life, a man of little credit and esteeme in the countrey being noe gentleman, but by profession a bayliffe or writ server and getteth his living for the most part by keeping an alehouse.' At the Salisbury Assizes about last July, near to the session house, Sticklowe said to Longe 'in a chollericke and angry manner', and without provocation, 'vizt. You are an impudent and avaricious fellow', with 'many other disgraceful and reproachful words which [Huntley] doth not well remember.' Henry Chapperlin and many others were present whose names he did not know.

Signed by Richard Huntley, and by the two commissioners.

fos. 144r-145r (Witness 3), Henry Chapperlin of Lyneham, co. Wiltshire, husbandman, born there, aged about 35

To Longe's libel:

He had known Longe for 30 years, and that Longe was a 'gentleman descended of an ancient family', whose father had been a Wiltshire JP. Sticklowe was 'a man of mean condicon and estate being a common bayliffe'. Last July at Salisbury Assizes, he was talking to Mr Longe near the session house when Sticklowe approached and 'in an angry and disgraceful manner', without provocation, called Mr Longe 'audacious fellowe, or audacious knave... besides many other reproachful words and speeches'.

Signed by Henry Chapperlin, and by the two commissioners.

fos. 145r-146r (Witness 4), John Gale of Langley Burrell, co. Wiltshire, born there, aged about 27

To Longe's libel:

He had known Longe for 5 years, and Longe was a gentleman 'of good rank and quality and in good repute and steeme in the countrey where he liveth; and believeth that he is descended of an ancient worshipful family and so commonly accompted'. Sticklowe was 'a man of mean condicon being a writ server or common bailiff and keepeth an alehouse or tipling house in Chippenham...' About 'St James tide last past 1637' he was with Philip Sticklowe at his house in Chippenham, with John Yonge also present who told Sticklowe that he heard that Mr Longe intended to sue Sticklowe for calling him a base gentleman. Sticklowe replied, 'Yes, he called me base fellowe and I returned it to him againe'. Isaack Gale and Thomas Palmer were also present.

Signed by John Gale, and by the two commissioners.

Submission

4/25, Submission

Sticklowe was to perform his submission 'standing bareheaded' and 'with an audible voice' between 2 and 4pm on Tuesday 5 March 1639 in the Sessions Hall of Salisbury before the Judge of the Assizes.

'Whereas I, Phillipp Sticklowe, stand convicted... to have much abused in words Mr Richard Longe of the parish of Lyneham in the county of Wilts aforesaid, esquire, and amongst others to have said that Mr Richard Longe was an impudent and audatious fellow and that he was a base gentleman or to that effect, I do humbly acknowledge that I am hartily sorry for my rash and unadvised speaking of the words to and against Mr Longe, whom I do hereby acknowledge to be an honest gentleman, descended of an ancient and worthy family; and I do humbly pray him to forgive my such rash and inconsiderate speeches and do promise to behave myself towards him and all other the gentry of this kingdome withal due respects hereafter.'

Summary of proceedings

Dr Tooker acted as counsel for Longe and Dr Gwyn for Sticklowe. On 18 November 1637 Sticklowe was to appear in response to his summons and ten days later his commissioners were appointed. By 3 February 1638 Longe's commissioners were named as Thomas Hungerford, Walter Hungerford, William Palmer and Richard Constable gents, Sticklowe's choices were John Ducket, esq, Charles Gore, esq, Huddie Harris, gent, and Francis Daye, clerk. Dr Gwyn was required to produce testimonies for the defence in November 1638, by which time the prosecution were calling for sentence. Richard Longe won the case on 21 February 1639 and was awarded £12 expenses and £13-6s-8d damages.

Notes

Richard Longe of Lyneham, co. Wiltshire, was the second son of Edmund Longe of Lyneham (d.1635) and Rachel, daughter of John Coxwell of Cirencester, co. Gloucester. He died on 17 April 1639.

G. D. Squibb (ed.), Wiltshire Visitation Pedigrees, 1623 (Publications of the Harleian Society, 105 and 106, 1954), p. 119.

Documents

• Initial proceedings
  • Petition to Arundel: 3/161 (7 Aug 1637)
  • Plaintiff's bond: 3/162 (8 Aug 1637)
  • Defendant's bond: 3/86 (20 Nov 1637)
  • Citation: 12/1o (18 Nov 1637)
  • Libel: Cur Mil I, fo. 162 (8 Nov 1637)
• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil II, fo. 109 (3 Feb 1638)
  • Preamble to plaintiff's depositions: Cur Mil II, fos. 107-8 (15 Mar 1638)
  • Plaintiff's depositions: Cur Mil II, fos. 142-9 (15 Mar and 3 Apr 1638)
• Submission
  • Submission: 4/25 (5 Mar 1639)
• Proceedings
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)
  • Proceedings before Maltravers: 8/29 (18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 422r-428r (28 Nov 1638)
  • Proceedings before Maltravers:R.19, fos. 474r-484v (5 Dec 1638)
  • Proceedings before Maltravers: 1/9 (28 Jan 1639)
  • Proceedings: 1/7, fos. 36-47 (9 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 20-33 (21 Feb 1639)

People mentioned in the case

• Chapperlin, Henry, husbandman
• Constable, Richard, gent
• Coxwell, John
• Coxwell, Rachel
• Day, Francis, clerk (also Daye)
• Dethick, Gilbert, registrar
• Ducket, John, esq (also Duckett)
• Gale, Isaack
• Gale, John
• Gwyn, Thomas, lawyer
• Gore, Charles, esq
• Harris, Huddie, gent
• Hellier, Edward
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hungerford, Walter, gent
• Hungerford, Thomas, gent
• Huntley, Richard, yeoman
• Longe, Edmund (also Long)
• Longe, Rachel (also Long)
• Longe, Richard, esq (also Long)
• Palmer, Thomas
• Palmer, William, clerk
• Sticklowe, Philip, bailiff (also Stricklowe)
• Terrick, Humphrey
• Tooker, Charles, lawyer
• Twittie, John, notary public (also Twitty)
• Watson, John
• Yonge, John, yeoman

Places mentioned in the case

• Gloucestershire
  • Cirencester
• Middlesex
  • Westminster
• Wiltshire
  • Chippenham
  • Clack
  • Dauntsey
  • Langley Burrell
  • Lyneham
  • Salisbury
  • Somerford

Topics of the case

• assizes
• challenge to a duel
• denial of gentility
• justice of the peace
• office-holding
• other courts