577 Salven v Pearson

The Court of Chivalry 1634-1640.

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Citation:

Richard Cust, Andrew Hopper, '577 Salven v Pearson', 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/577-salven-pearson [accessed 31 October 2024].

Richard Cust, Andrew Hopper, '577 Salven v Pearson', in The Court of Chivalry 1634-1640. Edited by Richard Cust, Andrew Hopper, British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/court-of-chivalry/577-salven-pearson.

Richard Cust, Andrew Hopper. "577 Salven v Pearson". The Court of Chivalry 1634-1640. Ed. Richard Cust, Andrew Hopper, British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/court-of-chivalry/577-salven-pearson.

In this section

577 SALVEN V PEARSON

William Salven of Newbiggin, co. York, esq v Francis Pearson of Lythe, co. York

February - Michaelmas term, 1639

Abstract

Salven accused Pearson of having called him 'thou', and having said that he was as good a man as he was, when Pearson's family had been tenants to the Salvens of Newbiggin. Conflict between the two men went back at least 16 years. Salven entered his libel on 23 February 1639 and was required to prove his gentility by a certificate from Thomas Thompson, Lancaster Herald, dated 30 May. His witnesses were examined at Whitby during Lent, 1639. On 2 September 1639, Pearson's witnesses were examined at a commission headed by James Cholmley, gent, held in the house of Francis Wyn, at Whitby.

The defence witnesses, most of whom were local yeomen from Egton and Lythe, alleged that Pearson had endured a series of provocations from Salven. In February 1636, at a hearing by commissioners of a bill of complaint by Pearson against Salven in the house of John Todd in Lythe, Yorkshire, Salven said to him, 'Thou art a strummell or clowne and soe thy neighbours will reporte of thee', adding 'I wonder how this knave, meaning Pearson, gott his riches, for hee is butt a foole.' They further alleged that at the St Peter's Day feast in June 1638, at Francis Day's alehouse at Egton Bridge, Salven had shaken his cane or cudgel at Pearson 'in a very angry manner', offering to strike him, saying, 'What is that thou says, thou base villayne? I can never say any thing but thou art affronting of me'. Salven refrained from violence with the remark that 'Pearson was so base a fellowe that he could not find in his hearte to foule his hands with him.' Salven won the case but the details of the sentence are damaged.

Plaintiff's case

10/9/7, Pedigree of plaintiff

'Sir John Salveyn of Newbiggin m. da. of Grey of Heaton in Northumberland

Thomas Salvein m. Mary da. of Tho. Baron of Graystocke

Sir Ralfe Salvein m. Elizabeth daughter of Sir Hugh Hastings

George Salveyn m. Mary daughter of Sir Wm Bulmer, knt

Sir Francis Salveyn m. Margaret daughter to Sir Ralfe Evers, knt

Ralfe Salveyn of Newbiggin m. 1. Jane daughter of Sir Richard Cholmely, kt.,

2. Dorothie daughter of Roger Tocketts of Tocketts

Ralfe Salveyn of Newbiggin, living 1612 m. Elinor da. to Dutton of Sherborne

William Salveyn [son and heir] m. Dorothy da. to John Girlington

This is the armes and descent of William Salveyn of Newbeggin in the county of Yorke esq, sonne and heire of Ralfe Salveyn and great grandchild to Sir Francis Salveyn knt as it is recorded in the visitation of Yorkshire remaining in the office of Armes examined and testified by me Thomas Thompson, Lancaster, May the 30th 1639.'

Defendant's case

Acta (4), fo. 136, Defence

1. Thomas Smith, John Meed, Grace Todd, Ralph Smallwood, William Dowson and Thomas Dale, witnesses examined for Salven, were capital enemies to Pearson, and were paupers who could be brought to swear anything.

2. At the times and places when Pearson allegedly spoke the words in the libel, Mr Salven verbally abused Pearson, and 'offered divers times to strike him with a cudgel which he had in his hand'. At the same time a Mr Belwood offered Pearson a toast, but Mr Salven interrupted 'with many other reproachfull and provoking speeches.'

5. Pearson spoke the words because Mr Salven had provoked him.

No date.

Signed by Thomas Exton.

R.19, fo. 17r, Summary of defence

Francis Pearson claimed the plaintiff' witnesses were unreliable and not to be credited because they were his enemies 'and are poor wanting persons'. At the times and places when Pearson allegedly spoke the words in the libel, Mr Salven 'offered divers times to strike him with a cudgel', giving him 'reproachfull and provoking speeches'. Pearson prayed to be dismissed.

1639

No signature.

Acta (4), fo. 137, Letters commissory for the defence

Addressed to commissioners Thomas Squire, gent, Richard Rogers, gent, Robert Lawnd, gent, George Appleby gent [damaged] James Cholmley, gent, and John Coventry, gent, who were to meet in the inn of Francis Wyn, in Whitby, on 2 to 4 September next.

Dated 22 [damaged- side of document torn off, so month unknown] 1639.

Signed by Humphrey Terrick.

Acta (4), fo. 134, First set of plaintiff's interrogatories

'Interrogatories on the behalf of Mr Salven to be opened by the commissioners att the tyme of speeding the commission.' [seal]

1. The witnesses were warned of the penalty for perjury and bearing false witness.

'Where and in what place he lives how long hee hath lived there and occupation or course of life hee followes, whether hee be a subsidee man and what he is worth his debts being paid.'

2. Did he know Salven or Pearson? Where and when had he seen them?

3. Was he a relation, tenant or servant or indebted to Pearson?

4. If the witness deposed of provoking words from Salven they were to be asked where and when, in whose presence, why they were present to witness it, and had Salven first been provoked by Pearson?'

5. Mr Belwwod is to be asked 'whether he did not give the said Pearson counsel, after he had first abused Mr Salvin, to submit himselfe and acknowledge his fault; yet notwithstanding Pearson did persist in a resolute even abusing him agayne with the like speeches.'

6. Did Thomas Dale, after Pearson had abused Mr Salven a second time advise Pearson to reconcile himself to Mr Salven? Did Pearson answer that he scorned it? Did Pearson offer Mr Salven 'more uncivill languages' at the execution of the commission?

7. Was he compelled to testify by process of the court, or did he come at Pearson's request, or did he offer himself of his own accord? Had he seen the defence or been instructed how to depose? If so, by whom? Had he been offered reward or expenses, and to whom did he wish the victory?

No date.

Acta (4), fo. 135, Second set of plaintiff's interrogatories

1. Were Pearson and his ancestors 'not bredde and brought upp under the house of Mr Salven and his ancestors, and from thence had their first rising'?

2. Mr Belwood was to be asked 'whether hee heard Mr Salven give those ill languages to Pearson, which are mentioned in the defense; or whether hee did see Mr Salven strike, or offer to strike Pearson with a cudgel'? What other men were present? What else passed between them, at what time, and place, 'and by what ill language and insolent gesture was Mr Salven first provoked thereunto'?

3. Mr Belwood was to be asked 'whether hee did not give Pearson counsel after he had first abused Mr Salven to submit himselfe, telling him that there was noe other way, for him to helpe himselfe, but only by submission, or the like in effect.'

4. Ask the witnesses who deposed of the words mentioned in the defence what men of credit were present to 'see or knowe those deponents to bee at the said places at those tymes, or did heare the like words or see such actions to passe betweene the plaintiff and the defendant'?

No date.

Acta (4), fos. 114r-129r, Defence depositions

Taken before commissioners James Cholmley, gent, George Lane, gent, Richard Rogers, gent, Robert Lawnd, gent, on 2 and 3 September 1639 at a chamber in the house of Francis Wyn in the town of Whitby, co. York, with John Rainshaw as notary public

Witnesses were John Burdett, Richard White, Anne White, William Willson, Katherine Wilson, Thomas Whyte, Robert Newton, Ralph Smallwood, Jana Nuton, John Francklyn, John Mead, John Wright, Luke Whitfield, Francis Knaggs, Grace Todd.

Depositions taken, 2 September 1639

fos. 115r-116r (Witness 1), John Burdett of Egton, co. York, gent, born at Peatling Magna in co. Leicester, aged 30

To Pearson's defence:

1. There had been a controversy between Thomas Dale, one of Salven's witnesses, and Francis Pearson; and Burdett did not know if they had been reconciled. Their disagreement had occurred not long before Dale testified against Pearson.

2. He was present with Mr Salven and Pearson at Francis Daye's alehouse in the parish of Lythe around midsummer 1638 where he heard Mr Salven, without provocation from Pearson, say to Pearson, 'What is that thou says, thou base villayne? I can never say any thing but thou art affronting of me'. Before he said this Mr Salven stood up and took his staff in hand which before lay upon the table 'in a very angry manner'.

5. Pearson had not provoked Mr Salven to speak these words, but Mr Salven 'did very much provoke Pearson at that tyme and place aforementioned and likewise at other tymes in his hearing.'

To the first set of Salven's interrogatories:

1. He had lived at Egton for 18 months where he was 'steward and agent for Sir Christopher Yelverton who is lord of that manor; and that he is noe subsidie man.'

2. He had known Mr Salven and Pearson for about 18 months.

4. There were present when Mr Salven spoke the words against Pearson, 'Richard Whyte, Ann his wife William Willson and his wife, Jane the wife of John Smallwood, William Dowson and his wife, Thomas Dale, Robert Newton and his wife, Luke Whitfield and severall others whom he doth not now remember; and saith that Mr Salven came by the door of the house of Francis Daye, hearing what company [damaged] came in and sate down amongst them... Mr Salven was not any waye provoaked by Pearson at that tyme and place afore deposed to speak any words against Pearson.'

7. He was compelled to depose by a process out of the court. He 'wisheth victory to him that hath most right thereunto.'

To the second set of Salven's interrogatories:

4. The other witnesses present that he named were 'were people of good credit' for all he knew.

Signatures by John Burdett and the four commissioners.

fos. 116v-117r (Witness 2), Richard White of Egton, in parish of Lythe, co. York, yeoman, born there, aged 48

To Pearson's defence:

1. There had been a controversy between Francis Pearson and three of Mr Salven's witnesses, Thomas Smith, William Dowson and Thomas Dale, before their examinations were taken.

2. He was at Francis Daye's alehouse in Egton with Mr Salven, Pearson and others at St Peter's day feast in June 1638. He saw Mr Salven rise from the table and shake a cane at Pearson, without any provocation from Pearson, calling him, 'Thou base rogue, rascall, villaine or slave, or words to the like effect.'

5. If Pearson had said anything it was because Mr Salven had provoked him.

To the first set of Salven's interrogatories:

1. He was a subsidy man.

2. He had known Mr Salven and Pearson for twenty years.

4. Mr Salven was not provoked to speak evil words against Pearson at the time and place mentioned. There were present Mr Burdett, Robert Newton and his wife, White and his wife, Pearson and 'many others whome they doth not now well remember.'

7. He was compelled to testify by a process of the court. He expected nothing for coming to testify 'and wisheth victory to him that hath most right thereto.'

To the second set of Salven's interrogatories:

1. Pearson and his ancestors were farmers to the ancestors of Mr Salven.

4. For all he knew those present at the uttering of the words 'afore by him deposed were people of good credit and repute.'

Signatures by Richard Whyte [mark] and commissioners Cholmley, Rogers, and Laund.

fos. 117vr-118r (Witness 3), Anne, wife of Richard White of Egton, co. York, aged 37

To Pearson's defence:

2. She was in Francis Daye's house at Egton around the feast of St Peter with Mr Salven and Pearson.At Egton Bridge she heard Salven say to Pearson several times without provocation, 'Thou base rascall'. Mr Salven 'shaked his cudgel divers tymes' at Pearson and sayd that 'Pearson was so base a fellowe that he could not find in his hearte to foule his hands with him.'

5. As witness 2.

To the first set of Salven's interrogatories:

4. Mr Salven was not provoked to speak ill language to Pearson. Present were Richard White, John Burdett, Robert Newton and his wife and others which she cannot remember.

7. 'She came to depose this cause by vertue of a process out of this courte and wisheth victory to him that hath most right thereto.'

To the second set of Salven's interrogatories:

1. She had heard that Pearson's ancestors were tenants to Mr Salven's ancestors

4. The witnesses Mr John Burdett, Robert Nuton and Jane his wife, William Willson and Katherine his wife and Jane the wife of John Smallwood were present at the speaking of the words she had before deposed of, 'with many other credible persons whom she doth not now well remember.'

Signatures by Anne White and the four commissioners.

fos. 118v-119r (Witness 4), William Willson of Egton, co. York, yeoman, born there, aged 40

To Pearson's defence:

2. He was 'neere the company' of Pearson and Mr Salven about the feast of St Peter in Francis Daye's alehouse at Egton Bridge where he heard Mr Salven without provocation from Pearson say to Pearson, 'Thou art a base idle fellowe, with many other reproachfull and provoakinge speeches.'

5. As witness 2.

To Salven's first set of interrogatories:

1. He was no subsidy man.

2. He had known Pearson and Mr Salven for about the space of twelve yeares.'

4. The witnesses Mr John Burdett, Richard White and his wife, Robert Nuton and his wife, Pearson and Mr Salven, Willson and his wife, were present, 'with many others whome he cannot now well remember.'

To the second set of Salven's interrogatories:

1. There were 'divers persons of credit present at the speakinge of the words by Mr Salven against Francis at the tyme and place afore deposed, vizt. Mr John Burdett, Richard White, and his wife Robert Nuton and his wife, [Willson] and his wife,and many others whom he cannot well remember.'

Signatures by William Wilson and the four commissioners.

fos. 119v-120r (Witness 5), Katherine, wife of William Wilson of Egton, co. York, born at 'Hookney', co. York, aged 32

To Pearson's defence:

2. She was in the company of Pearson and Mr Salven about the feast of St Peter in Francis Daye's alehouse at Egton Bridge where she heard Mr Salven without provocation from Pearson say to Pearson, 'Thou art a base rascall, a base rogue, or villaine'. Also 'Mr Salven did many times then and there offer to stryke Francis Pearson with his cudgell that he had in his hand.'

5. As witness 2.

To the first set of Salven's interrogatories:

7. She expected nothing for her testimony and 'shee wisheth victory to him that hath most right thereunto'.

To the second set of Salven's interrogatories:

1. Francis Pearson was tenant to Mr William Salven's father.

2. There were present at the speaking of the words she deposed Mr John Burdett, Richard White, and his wife Robert Nuton and his wife, her husband and 'many other persons of creditt whom she doth not now well remember.'

Signatures by Katherine Wilson [her mark] and the four commissioners.

fos. 120v-121r (Witness 6), Thomas Whyte of Gromon Parva [Grosmont] of Lythe, co. York, fuller, born in the parish of Lythe, aged 50

To Pearson's defence:

2. He was not at any quarrel between Mr Salven and Francis Pearson. He did not hear any evil language pass between them, and he was not present at the times and places mentioned. His examination taken on Mr Salven's behalf at Mr Salven's commission held at Whitby during Lent last, 'was for words spoken by Francis Pearson against Mr Salven aboute sixteene yeares since.'

Signatures by John Whyte [his mark] and the four commissioners.

fos. 121r-122r (Witness 7), Robert Newton of Egton, co. York, yeoman, born in Goathland, aged 40

To Pearson's defence:

1. There were suits depending between Pearson and Thomas Dale, one of Mr Salven's witnesses, before the beginning of this cause, and both 'ever since have continued unkind one with another.'

2. He was at Francis Daye's alehouse at Egton bridge where he heard Mr Salven say to Pearson, without provocation, 'Thou art a base rascall, with many other reproachfull and provoaking speeches.'

5. Mr Salven 'did much provoke' Pearson on that occasion.

To the first set of Salven's interrogatories:

1. He had known Mr Salven and Pearson for about 20 years.

2. Francis Pearson was Newton's wife's uncle.

3. There were present at the speaking of the words deposed by Newton: 'Mr John Burdett, Richard Whyte and his wife, William Willson and his wife, [Newton] and his wife, with divers others of good creditt whom [Newton] cannot now well remember'. Mr Salven was not provoked by Pearson at that time and place.

7. As witness 2.

To the second set of Salven's interrogatories:

1. He had heard that Pearson was tenant to the ancestors of Mr William Salven.

Signatures by Robert Nuton [his mark] and the commissioner Robert Laund.

fos. 122v-123r (Witness 8), Ralph Smallwood of Lythe, co. York, yeoman, born there, aged 60

To Pearson's defence:

1. He had heard that there had been suits between Pearson and Thomas Dale, a witness for Mr Salven.

2. He was present at Daye's alehouse at Egton Bridge where he 'heard divers ill languages and speeches passed betweene Mr William Salven and Francis Pearson', but could not remember which gave the first provocation.

To the first set of Salven's interrogatories:

1. He was no subsidy man and was worth £100 his debts paid.'

2. He had known Pearson and Mr Salven for 30 or 40 years.

7. He testified because he was compelled by a process and he wished Francis Pearson the victory.

To the second set of Salven's interrogatories:

1. 'Francis Pearson was tenant to the ancestors of Mr Salven.'

4. 'There were present at the tyme and place that the variance happened divers credible persons, vizt. Mr John Burdett, Tho. Smallwood, William Dowson, Thomas Dale, Richard White, Robert Nuton with many others which hee doth not now remember.'

Signatures by Ralph Smallwood and the commissioners Cholmley and Laund.

fos. 123vr-124r (Witness 9), Jane, wife of Robert Newton of Egton, co. York, yeoman, aged 40

To Pearson's defence:

2. She was at Francis Daye's house upon the feast of St Peter where he heard Mr Salven say to Pearson, without provocation, 'Thou art a base rascall with many other reproachfull and provoaking speeches'. Mr Salven 'took up his cudgel in an angry manner against Pearson, replying some words, and said but that he scorned to medle with Pearson, hee would not take those words.'

3. Mr Salven 'did give the first provocation at that tyme and place afore deposed.'

To the first set of Salven's interrogatories:

1. Francis Pearson was her uncle.

2. There were present at that time and place before deposed, 'Mr John Burdett, Richard Whyte, [her] husband, William Willson and his wife, Ralph Smallwood and many others credible persons which [she] doth not now well remember.'

To the second set of Salven's interrogatories:

1. Francis Pearson was brought up under the ancestors of William Salven.

Signatures by Jane Nuton [her mark] and by the commissioner, James Cholmley.

fos. 124v-125r (Witness 10), John Francklyn of Lythe, co. York, labourer, born at Hutton Buscell, aged 30

To Pearson's defence:

1. He had heard that there had been suits between Pearson and Thomas Dale, a witness for Mr Salven. Grace Todd, another of Salven's witnesses, was drunk at the time and place of the supposed words: 'therefore thinketh noe credit is to be given to her depo[si]con and saith that it is very usuall with her to be druncke.'

2. He was present at the house of John Todd in Lythe and heard Mr Salven say to Pearson. 'Thou art a strummell or clowne, and soe thy neighbours will reporte of thee.'

5. As witness 2.

To the first set of Salven's interrogatories:

1. He was no subsidy man and was worth £10 his debts paid.

4. The wordes before by him deposed of were spoken against Pearson by Mr Salven 'about February an[n]o dm. 1635, there being then and there present Mr Thomas Redmond, Thomas Smith, Mr Bellwood, Francis Knaggs, Raphe Tyndall, Grace Todd', and many others whom he could not well remember. Mr Salven was not provoked by Pearson to give him evil language.

7. He testified 'by vertue of a warrant shewed him and expecteth what is fitting for the losse of his time, and wisheth victory to him that hath right thereto.'

Signatures by John Franckyn [his mark] and the commissioners Cholmley and Laund.

fos. 125v-126r (Witness 11), John Mead of Newbiggin, co. York, yeoman, born at Welbury, aged 60

To Pearson's defence:

2. He was present at the house of John Todd in Lythe 'and beinge a commissioner for Mr William Salven in this suite' heard Mr Salven say to Pearson, without provocation, 'Thou art a base fellowe with some other reproachfull and provoking speeches.'

5. As witness 2.

To the first set of Salven's interrogatories:

1. As witness 8.

2. He had known Mr Salven and Pearson for about 40 years.

7. As witness 10.

To the second set of Salven's interrogatories:

1. Pearson had been tenant to the ancestors of Mr William Salven.

4. There were present at the tyme and place aforesaid, Mr Bellwood, Thomas Smith, Mr Redmond, Francis Knaggs, Raphe Tyndall, Mead, Pearson and Mr Salven, 'and divers others whom hee cannot well remember'.

Signatures by John Mead and the commissioner James Cholmley.

fos. 126v-127r (Witness 12), John Wright

To Pearson's defence:

1. Grace Todd, one of Mr Salven's witnesses, 'is much addicted to drincking and will sometimes be overtaken with drincke'. Another of Mr Salven's witnesses, Thomas Dale, was an enemy to Pearson because he had seen Dale several times abuse Pearson, 'and strike up his heeles and speake very ill language against Pearson both to Pearson's face and behind his backe.'

To the first set of Salven's interrogatories:

1. He was no subsidy man and was worth £20 his debts paid.

7. As witness 2.

To the second set of Salven's interrogatories:

1. Francis Pearson 'hath lyved under the ancestors of Mr William Salven.'

Signatures by John Wright and the commissioners Cholmley and Laund.

fos. 127r-v (Witness 13), Luke Whitfield of Lythe, co. York, yeoman, born there, aged 60

To Pearson's defence:

2. Grace Todd was addicted to drinking and Thomas Dale was an enemy to Pearson. He had heard Dale 'speak many ill languages and revyleinge speeches against said Francis Pearson.'

To the first set of Salven's interrogatories:

1. He was no subsidy man and was worth 40 shillings his debts paid.

7. As witness 2.

Signatures by Luke Whitfield and the commissioner, Cholmley.

fos. 128r-129r (Witness 14), Francis Knaggs of Briscoe in the parish of Lythe, co. York, husbandman, born at Egton, no age given

To Pearson's defence:

2. He was at John Todd's house in February 1635/6 in the parish of Lythe where 'Mr William Salven of Newbiggin was to put in his answeare before commissioners to a bill of complaint by Francis Pearson'. He heard Mr Salven, without any provocation given by Pearson, say to Pearson, 'Thou art a rogue, a rascall, a slave, or wordes to the lyke effect'. When one Mr Bellward at that time drinking to Pearson called him Mr Pearson, Mr Salven answered, 'Hang, hang him that mars him, that mars him (meaninge that spoiles him, meaning Pearson); and further Mr Salvin sayd to Mr Bellwood, I wonder how this knave meaning Pearson gott his riches, for hee is butt a foole.'

5. Mr Salven 'did very much provoake' Pearson.

To the first set of Salven's interrogatories:

1. He was no subsidy man and was worth £10 or £12 p/a during his life.

2. As witness 11.

3. He was indebted to Francis Pearson. Mr Salven was not provoked by Pearson, 'there being then and there present Mr Bellwood, Tho. Smith, John Meed, Raphe Tyndall, [Knaggs] and others whom he cannot remember.'

7. As witness 2.

To the second set of Salven's interrogatories:

1. As witness 11.

Signatures by Francis Knaggs [his mark] and the four commissioners.

fo. 129r (Witness 15), Grace Todd, wife of John Todd of Menckbecke [Mickleby] in the parish of Lythe, co. York, aged 30

Not examined by consent.

Signatures by Grace Todd [her mark] and the four commissioners.

Sentence / Arbitration

15/3i, Plaintiff's sentence [damaged]

'That William Salven was a [damaged] Pearson was as good a man as Mr Salven was. And that he [damaged] trencher and shakt it at him. And that Mr Salven telling him the said [damaged] his uncivil and insolent behaviour, Pearson thereunto replied [damaged] Mr Salven's suing him, saying moreover to Mr Salven, Thou [damaged] I would see thee beginne, I will answeare thee so long as I have a [damaged]'

Sum entered, but either faded or erased.

No date.

Signed by Arthur Duck and Richard Hart.

15/3h, Defendant's sentence

Sum not entered. Salven referred to as Ralph, not William.

No date.

Signed by Thomas Exton, and Arundel and Surrey.

15/3c, Plaintiff's bill of costs [damaged]

Hillary term 1637/8: 12-17-06

Vacation: [damaged] but over £10

No date.

Total unknown, but over £30

15/3d, Defendant's bill of costs [damaged]

Hillary term, 1637/8: £6-12s-10d

Easter term, 1638: £4-4s-0d

Trinity term, 1639: £5-5s-12d

Vacation: £12-10s-0d

Michaelmas term, 1639: [damaged]

Total unknown, but over £30

Summary of proceedings

Dr Hart acted as cousel to Salven and Dr Exton to Pearson. On 23 February 1638/9 Pearson was due to appear according to his bond. Exton appeared on his behalf and Hart presented the libel.

Notes

William Salvin of Newbiggin, esq (d. 1649), was the son of Ralph Salvin of Newbiggin and Elinor, daughter of Thomas Dutton of Sherborne, co. Gloucester. William first married Dorothy, daughter of John Girlington of Thurland castle. His second wife was Anne, daughter of Lancelot Carnaby of Halton, co. Northumberland. William Salvin was heir to a convicted recusant and in 1642 he was sent to the English College in Lisbon.

R. Davies (ed.), The Visitation of the County of Yorke begun in 1665 and finished in 1666, by William Dugdale (Surtees Society, 36, 1859); p. 96; J. T. Cliffe, The Yorkshire Gentry from the Reformation to the Civil War (London, 1969), p. 345.

Documents

  • Defendant's case
    • Defence: Acta (4), fo. 136 (no date)
    • Summary of defence: R.19, fo. 17r (1639)
    • Letters commissory for the defence: Acta (4), fo. 137 (1639)
    • First set of plaintiff interrogatories: Acta (4), fo. 134 (1639)
    • Second set of plaintiff interrogatories: Acta (4), fo. 135 (1639)
    • Defence depositions: Acta (4), fos. 114-129 (2-3 Sep 1639)
  • Sentence / Arbitration
    • Plaintiff's sentence: 15/3i (no date)
    • Defendant's sentence: 15/3h (no date)
    • Plaintiff's bill of costs: 15/3c (no date)
    • Defendant's bill of costs: 15/3d (Mic 1639)
  • Proceedings
    • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

  • Appleby, George, gent
  • Baron, Thomas
  • Baron, Mary
  • Bellwood, Mr
  • Bulmer, Mary
  • Bulmer, William, knight
  • Burdett, John, gent
  • Carnaby, Anne
  • Carnaby, Lancelot
  • Cholmley, James, gent
  • Cholmley, Richard, knight
  • Coventry, John, gent
  • Dale, Thomas
  • Day, Francis
  • Dowson, William
  • Dutton, Elinor
  • Dutton, Thomas
  • Evers, Margaret
  • Evers, Ralfe, knight
  • Exton, Thomas, lawyer
  • Francklyn, John, labourer
  • Girlington, Dorothy
  • Girlington, John
  • Hart, Richard, lawyer
  • Hastings, Elizabeth
  • Hastings, Hugh, knight
  • Howard, Thomas, earl of Arundel and Surrey
  • Knaggs, Francis, husbandman
  • Lane, George, gent
  • Lawnd, Robert, gent (also Laund)
  • Mead, John, yeoman (also Meed)
  • Newton, Robert, yeoman (also Nuton)
  • Newton, Jane (also Nuton)
  • Pearson, Francis
  • Rainshaw, John, notary public
  • Redmond, Thomas, Mr
  • Rogers, Richard, gent
  • Salven, Anne (also Salveyn, Salvein, Salvin)
  • Salven, Dorothy (also Salveyn, Salvein, Salvin)
  • Salven, Elinor (also Salveyn, Salvein, Salvin)
  • Salven, Elizabeth (also Salveyn, Salvein, Salvin)
  • Salven, Francis, knight (also Salveyn, Salvein, Salvin)
  • Salven, George (also Salveyn, Salvein, Salvin)
  • Salven, Jane (also Salveyn, Salvein, Salvin)
  • Salven, John, knight (also Salveyn, Salvein, Salvin)
  • Salven, Margaret (also Salveyn, Salvein, Salvin)
  • Salven, Mary (also Salveyn, Salvein, Salvin)
  • Salven, Ralfe (also Salveyn, Salvein, Salvin)
  • Salven, Ralfe, knight (also Salveyn, Salvein, Salvin)
  • Salven, William, esq (also Salveyn, Salvein, Salvin)
  • Smallwood, Jane
  • Smallwood, John
  • Smallwood, Ralph, yeoman
  • Smith, Thomas
  • Squire, Thomas, gent
  • Thompson, Thomas, herald
  • Terrick, Humphrey
  • Tocketts, Dorothy
  • Tocketts, Roger
  • Todd, Grace
  • Todd, John
  • Tyndall, Raphe
  • White, Richard, yeoman
  • White, Anne
  • Whitfield, Luke, yeoman
  • Whyte, Thomas, fuller
  • Willson, Katherine (also Wilson)
  • Willson, William, yeoman (also Wilson)
  • Wright, John, tailor
  • Wyn, Francis
  • Yelverton, Christopher, gent

Places mentioned in the case

  • Gloucestershire
    • Sherborne
  • Leicestershire
    • Peatling Magna
  • Northumberland
    • Halton
    • Heaton
  • Portugal
    • Lisbon
  • Yorkshire, North Riding
    • Briscoe
    • Egton
    • Egton Bridge
    • Goathland
    • Grosmont
    • Hookney
    • Hutton Buscell
    • Lythe
    • Mickleby
    • Newbiggin
    • Tockets (in Guisbrough parish)
    • Welbury
    • Whitby

Topics of the case

  • calling thou
  • comparison
  • Herald
  • recusant
  • Roman Catholic
  • threatened violence
  • weapon