429 Minshall v Jones

429 MINSHALL V JONES

John Minshall of St Dunstan-in-the-West, London, gent v Henry Jones of St Martin-in-the-Fields, co. Middlesex, gent

Trinity term - October 1637

Abstract

Minshall complained that Jones had called him 'a base, baffled rogue', and a coward who had been 'kicked out of doores' by one Conquest. The quarrel erupted late on the evening of 8 January 1636 after gambling at cards at the Jerusalem Inn, Fleet Street, London. According to an affidavit by Richard Cope, servant to the landlord on behalf of Jones, Minshall drew his sword and 'swore he would naile [Jones] to the wall'. Jones, unarmed, defended himself with a stool. Minshall abused Jones further, saying 'he lived by walking of horses', and Jones replied that Minshall was 'the cheater that did use to pawne counterfeit ringes'. Minshall struck Jones on the head with his sword, but Cope persuaded them to stop fighting and Jones departed. On 14 October 1637 Jones was required to answer the libel but no further proceedings survive. [For Jones's counter suit, see cause 334].

Initial proceedings

7/45, Affidavit

Affidavit of Richard Cope against John Minshall for his words against Henry Jones, 26 January 1636

Concerning a petition of Henry Jones (defendant) against John Minshall (plaintiff):

'Richard Cope of Fleet Streete, servant to Mr Hixwell that keepes the Jerusalem ordinarie, maketh oath that upon the eight daie of Januarie last past one Henry Jones and John Minshall were att tables in his Master's house till it was verie late; and att last they fell att difference about entring of a man which Mr Minshall had taken. Mr Jones would enter it a rater, Minshall houlding the man in his hand having put it on the tray point, which Mr Jones would not consent unto. Whereupon, Minshall tumbled the men together and refused to plaie out the game. Whereupon, Mr Jones required of him to paie him two games he had won in a five shillings peece of gould of Minshall's. To this Mr Minshall replied that he owed him a payment and he would now paie him; and soe drew his sword and swore he would naile him to the wall sitting beyond a longe table. Whereupon, Mr Jones came out and defended himself with a stoole having noe weapon about him; and I, Richard Cope, laid hould of Jones and he asked me whether he would hold him being weaponless to be slaine or spoiled. Letting him goe I went to hold Mr Marshall who replied that if I came neere him he would run me thorow. Att last I perswaded him to put up his sword, which he did. Then Jones went and sate where he did before, Minshall giving him base language, calling him base, baffled, cowardlie rogue and cheater, and that he lived by walking of horses to all which language Mr Jones onelie replyed that he was the cheater that did use to pawne counter feit ringes. Whereupon, Mr Minshall said doe you prate and with his sword stroke him on the head all which injuries Mr Jones endured with much patience, not replying or provoking, or ill word, and soe he departed from the house.

Jur. 26 Januarii 1636'

R.19, fo. 28r, Summary of libel

'Minshall and his ancestors for above 50 yeares past is and have bin gentlemen and soe commonly reputed. And that Jones (at such a time and place) said you or he is (meaning the said Minshall) a base, baffled rogue, a coward, and you were or he was tugged and beaten or kicked out of doores by one... Conquest, or words to that effect, thereby to provoke and c.'

Third session, Trinity term, 1637.

No signature.

Summary of proceedings

Dr Eden acted as counsel for Minshall and Dr Duck for Jones. On 14 October 1637 Jones was required to answer the libel.

Notes

Neither of the parties appeared in the Middlesex pedigrees or London Visitations of 1633-5: G. J. Armytage (ed.), Middlesex Pedigrees (Publications of the Harleian Society, 65, 1914); J. J. Howard and J. L. Chester (eds.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 15, 1880); J. J. Howard (ed.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 17, 1883).

Documents

• Initial proceedings
  • Affidavit: 7/45 (26 Jan 1636)
  • Summary of libel: R.19, fo. 28r (Tri 1637)
• Proceedings
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)

People mentioned in the case

• Conquest
• Cope, Richard
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Hixwell, Mr, innkeeper
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Jones, Henry, gent
• Minshall, John, gent

Places mentioned in the case

• London
  • Fleet Street
  • St Dunstan-in-the-West
• Middlesex
  • St Martin-in-the-Fields

Topics of the case

• allegation of cheating
• allegation of cowardice
• denial of gentility
• gambling
• tavern brawl
• weapon