654 Tyrwhit v Wilson

654 TYRWHIT V WILSON

Sir Philip Tyrwhit of Stainfield, co. Lincoln, bart v John Wilson of Staynton-in-the-Hole [Stainton-le-Vale], co. Lincoln, yeoman

July - November 1640

Abstract

Tyrwhit complained that Wilson had called him 'a foole and an asse' at the Lincoln assizes held at Caistor in 1640 and said 'that one Brockelesbie a servant of your petitioner's did ride your petitioner like an asse'. Process was granted on 10 July 1640 and both parties entered bonds; but Wilson had to be attached to appear on 4 December 1640 and the case was lost with the suspension of the court's proceedings.

Initial proceedings

5/117, Plaintiff's bond

5 July 1640

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

Signed by Phillip Tyrwhitt.

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

5/118, Petition

'Your petitioner, being qualified as above, and a gentleman of ancient descent. Notwithstanding, John Wilson of Stainton in the hole in the Countie aforesaid, husbandman, at the publique assize at Kaestor in Lyncolneshire anno 1640, sayed that your petitioner was a foole and an asse, and that one Brockelesbie a servant of your petitioner's did ride your petitioner like an asse, which words Wilson spake in a scornfull and provoking manner inciteing your petitioner to duell.'

Petitioned that Wilson be brought to answer.

Maltravers granted process 10 July 1640.

5/163, Defendant's bond

10 November 1640

John Wilson bound to 'appear in the court in Arundel house in the Strand without Temple Barr, London'.

Signed by John Wilson, William Jackson and James Beech.

Sealed, subscribed and delivered in the presence of John Wilson, Francis Rakes, John Anderson and John Tattye.

5/187, Defendant's bond

27 January 1641

John Wilson was bound to 'appear in the said court in Arundel House in the Strand without Temple Bar, London'.

Signed by John Wilson, Thomas Bowyer and Francis Rakes.

Sealed, subscribed and delivered by Thomas Ersley and John Anderson.

Summary of proceedings

Dr Duck acted as counsel for Tyrwhit. On 10 October 1640 the parties were warned to appear and on 4 December 1640 Wilson was attached at the petition of Dr Duck.

Notes

Sir Philip Tyrwhit of Stainfield, 3^rd bart (1598-1667), was the son of Sir Edward Tyrwhit of Stainfield, 2^nd bart, and Elizabeth, daughter of George Chute of Bethersden, co. Kent. Sir Philip married Anne (1599-1647), daughter of Nicholas Saunderson, 1^st Viscount Castleton. He was sequestrated for his royalism during the civil wars and fined £3,488.

G. E. Cokayne (ed.), The Complete Baronetage, 1611-25 (Exeter, 1900), vol. 1, p. 58; A. R. Maddison (ed.), Lincolnshire Pedigrees (Publications of the Harleian Society, 52, 1904), vol. 3, p. 1022.

Documents

• Initial proceedings
  • Plaintiff's bond: 5/117 (5 Jul 1640)
  • Petition: 5/118 (10 Jul 1640)
  • Defendants' bond: 5/163 (10 Nov 1640)
  • Defendants' bond: 5/187 (27 Jan 1641)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Anderson, John
• Beech, James
• Bowyer, Thomas
• Brockelesbie, servant (also Brocklesby)
• Chute, Elizabeth
• Chute, George
• Duck, Arthur, lawyer
• Ersley, Thomas
• Howard, Henry, baron Maltravers
• Jackson, William
• Longland, John
• Rakes, Francis
• Saunderson, Anne
• Saunderson, Nicholas, viscount Castleton
• Tattye, John
• Tyrwhit, Anne (also Tirrwhitt, Tirwhit)
• Tyrwhit, Edward, baronet (also Tirrwhitt, Tirwhit)
• Tyrwhit, Elizabeth (also Tirrwhitt, Tirwhit)
• Tyrwhit, Philip, baronet (also Tirrwhitt, Tirwhit)
• Wilson, John, yeoman

Places mentioned in the case

• Kent
  • Bethersden
• Lincolnshire
  • Caistor
  • Stainfield
  • Stainton-le-Vale
• London
  • Arundel House
  • Strand
  • Temple Bar

Topics of the case

• assizes
• civil war
• other court
• provocative of a duel
• royalist
• sequestration