390 Lowe v Heathcote

390 LOWE V HEATHCOTE

John Lowe of Hasland, co. Derby, gent v Godfrey Heathcote of Chesterfield, co. Derby

May - November 1637

Abstract

Lowe complained that Heathcote had called him a base fellow and given him the lie. Dr Duck ordered that process be granted on 20 May 1637 and the depositions of Lowe's witnesses were published in October 1637, with Heathcote presenting his defence in November. No indication of sentence survives.

Initial proceedings

3/8, Advice of the King's Advocate

For the scandalous words: 'Thou art a base fellowe and thou liest'

Process desired for the defendant.

'Mr Dethick both these processes I moved for last court day (vizt. 8 May) on my motion. Mr Hopton hath his process already. Now I pray lett Mr Griffith have the process for Mr Lowe.'

20 May 1637

Signed by Arthur Duck.

3/171, Defendant's bond

28 June 1637

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

Signed by James Webster of Chesterfield, gent on behalf of Heathcote.

Sealed, subscribed and delivered in the presence of Humphrey Terrick.

Summary of proceedings

Dr Ryves and Dr Duck acted as counsel for Lowe, and Dr Talbot for Heathcote. The depositions of witnesses for the libel were published on 14 and 31 October 1637. On 18 November Dr Talbot began the defence and on 28 November, further material for the defence was ordered to be presented before Sir Henry Marten within the next four days.

Notes

John Lowe was the second son of Anthony Lowe of Alderwasley, co. Derby, esq, and Mary, the daughter of Rowland Ferne of Hognaston, co. Derby. John married Prudence, daughter of Edmund Stevenson of Unstone, co. Derby. Alternatively the plaintiff may have been this John Lowe's nephew, John Lowe (b.1616), who was the son of Edward Lowe of Alderwasley and Jane, daughter of Henry Hall of Costock, co. Nottingham. This John married Elizabeth, daughter of Anthony Crofts of Brampton.

G. D. Squibb (ed.), The Visitation of Derbyshire, 1662-1664 (Publications of the Harleian Society, new series, 8, 1989), pp. 56-7.

Documents

• Initial proceedings
  • Advice of the King's Advocate: 3/8 (20 May 1637)
  • Defendant's bond: 3/171 (28 Jun 1637)
• Proceedings
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)
  • Proceedings before Maltravers: 8/28 (31 Oct 1637)
  • Proceedings before Maltravers: 8/29 (18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)

People mentioned in the case

• Crofts, Anthony
• Crofts, Elizabeth
• Duck, Arthur, lawyer
• Ferne, Mary
• Ferne, Rowland
• Griffith, Mr
• Hall, Henry
• Hall, Jane
• Heathcote, Godfrey
• Hopton, Mr
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Lowe, Anthony, esq
• Lowe, Edward
• Lowe, Elizabeth
• Lowe, Jane
• Lowe, John, gent
• Lowe, Mary
• Lowe, Prudence
• Marten, Henry, knight
• Ryves, Thomas, lawyer
• Stevenson, Edmund
• Stevenson, Prudence
• Talbot, Clere, lawyer
• Terrick, Humphrey
• Webster, James, gent

Places mentioned in the case

• Derbyshire
  • Alderwasley
  • Brampton
  • Chesterfield
  • Hasland
  • Hognaston
  • Unstone
• Middlesex
  • Westminster
• Nottinghamshire
  • Costock

Topics of the case

• denial of gentility
• giving the lie