134 Cosworth v Mundy

134 COSWORTH V MUNDY

Samuel Cosworth of Cosworth, co. Cornwall, esq v John Mundy of St Columb Minor, co. Cornwall, gent

November 1639 - May 1640

Abstract

Cosworth, a trained band captain, complained that Mundy called him 'a base captayne and a deboist captaine' in July 1639, provoking him to duel. Cosworth maintained that Mundy also spoke 'very unbeseemeinge words concerning the Court Militarie.' Process was granted on 29 November 1639 and bonds entered in December 1639 and May 1640; but no further proceedings survive. [For Cosworth as a defendant, see cause 9].

Initial proceedings

2/95, Petition to Arundel

'The humble Petition of Samuel Cosowarth esq, and captayne of the trained band in the county of Cornwall.

Your petitioner, being a gent and discended of an antient and generous family, was in the month of July last verrie much abused by John Mundy of St Collumb the lower in the Countye of Cornwall, gent, saieing that he was a base Captayne and a deboist Captaine, thereby provoking your petitioner to a duell; and did likewise speake very unbeseemeinge words concerning the Court Militarie.

Petitioned Mundy be brought to answer.

Maltravers granted process on 29 November 1639.

2/94, Plaintiff's bond

5 December 1639

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

Signed by John Trethewy of Clement's Inn, London, gent, on behalf of Cosworth.

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

5/44, Defendant's bond

19 May 1640

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

Nicholas Trebarfoote of Lyons Inn, co. Middlesex, gent, acting for Mundy.

Signed Nicholas Trebarfoote.

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

Notes

Samuel Cosworth was the son of Edward Cosworth of Cosworth, esq, and Dorothy, daughter of John Arundell of Trerice. Samuel was born c.1590 and he married Dulcebella, the daughter of Thomas Heale of Fleet, co. Devon. John Munday of Rialton, co. Cornwall, gent, was the son of William Munday of Rialton and Katherine, daughter of a Mr Wilcock of co. Cornwall. He was later buried in St Columb Minor.

J. L. Vivian and H. H. Drake (eds.), The Visitation of Cornwall in the year 1620 (Publications of the Harleian Society, 9, 1874), pp. 50, 152.

Documents

• Initial proceedings
  • Petition to Arundel: 2/95 (29 Nov 1639)
  • Plaintiff's bond: 2/94 (5 Dec 1639)
  • Defendant's bond: 5/44 (19 May 1640)

People mentioned in the case

• Arundell, John, knight
• Arundell, Dorothy
• Cosworth, Dorothy
• Cosworth, Dulcebella
• Cosworth, Edward, esq
• Cosworth, Samuel, esq (also Cosowarth, Coswarth)
• Heale, Thomas
• Mundy, John, gent (also Munday)
• Mundy, Katherine (also Munday)
• Mundy, William (also Munday)
• Trebarfoote, Nicholas, gent
• Trethewy, John, gent
• Watson, John
• Wilcock, Katherine
• Wilcock, Mr

Places mentioned in the case

• Cornwall
  • Cosworth
  • Rialton
  • St Columb Minor
• Devon
  • Fleet
• London
  • Clement's Inn
• Middlesex
  • Lyon's Inn
  • Westminster

Topics of the case

• denial of gentility
• inns of court
• military officer
• provocative of a duel
• sexual insult
• trained band