165 Dockwra v Killingworth

165 DOCKWRA V KILLINGWORTH

Thomas Dockwra of Cherry Hinton, co. Cambridge, gent v Robert Killingworth of the same

January - December 1640

Abstract

Dockwra complained that Killingworth called him a 'forsworne knave, and a base fellow' at a public meeting in Cherry Hinton, Cambridgeshire. Process was granted on 12 February 1640, and a commission was appointed to examine witnesses on 15 June. But on 4 December 1640 Killingworth was dismissed with his expenses, as Dockwra had failed to prosecute the cause.

Initial proceedings

2/34, Plaintiff's bond

29 January 1640

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

Signed by Robert Fairebeard of Gray's Inn, gent on behalf of Dockwra.

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

2/35, Petition to Arundel

'Sheweth that, one Robert Killingworth of Hinton, in the presence of many persons at a publique meeting there, did most maliciouslie and scandalouslie revile and defame the petitioner, saying that he was a forsworne knave and a base fellow, with other reproachfull tearmes, whereby the petitioner greatlie suffers in his reputation, and being a gentleman of an ancient discent and familie as he shall make appeare to your lordship.'

Petitioned that Killingworth be brought to answer.

Maltravers granted process on 12 February 1640.

5/9, Defendant's bond

25 April 1640

Bound to 'appear in the Court in the Painted Chamber within the Palace of Westminster'.

Signed Robert Killingworth.

Sealed signed and delivered in the presence of John Watson.

Plaintiff's case

9/3/7, Letters commissory for the plaintiff [badly damaged]

Letters commissory addressed to Thomas Dorrell? and Richard Prince?, and also Charles Deen? clerk, - Norridge clerk with William Lewin D.D. named as Register, but no indication of place or dates of meeting.

Dated 15 June 1640.

Summary of proceedings

Dr Ryves acted as counsel for Dockwra and Dr Eden for Killingworth. On 4 December 1640, Lord Maltravers and the Earl of Huntingdon ruled that Killingworth should be dismissed with his expenses as Dockwra had failed to prosecute the cause.

Notes

Thomas Dockwra or Docwra of Fulbourn, co. Cambridge, married Catherine, daughter of John Wise of Cherry Hinton, while Robert Killingworth of Cherry Hinton married Mary, another daughter of John Wise of Cherry Hinton.

J. W. Clay (ed.), The Visitations of Cambridge, 1575 and 1619 (Publications of the Harleian Society, 41, 1897), pp. 45, 63.

Documents

• Initial proceedings
  • Plaintiff's bond: 2/34 (29 Jan 1640)
  • Petition to Arundel: 2/35 (12 Feb 1640)
  • Defendant's bond: 2/34 (25 Apr 1640)
• Plaintiff's case
  • Letters commissory for the plaintiff: 9/3/37 (15 Jun 1640)
• Proceedings
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Deen, Charles, clerk
• Dockwra, Catherine (also Dockwray, Docwra)
• Dockwra, Thomas, gent (also Dockwray, Docwra)
• Dorrell, Thomas
• Eden, Thomas, lawyer
• Fairebeard, Robert, gent
• Hastings, Henry, earl of Huntingdon
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Killingworth, Mary
• Killingworth, Robert
• Lewin, William, lawyer
• Norridge, clerk
• Prince, Richard
• Ryves, Thomas, lawyer
• Watson, John
• Wise, Catherine
• Wise, John
• Wise, Mary

Places mentioned in the case

• Cambridgeshire
  • Cherry Hinton
  • Fulbourn
• London
  • Gray's Inn
• Middlesex
  • Westminster

Topics of the case

• allegation of perjury
• defendant victory
• denial of gentility
• inns of court