729 Wortham v Fawcett

The Court of Chivalry 1634-1640.

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'729 Wortham v Fawcett', in The Court of Chivalry 1634-1640, (, ) pp. . British History Online https://www.british-history.ac.uk/no-series/court-of-chivalry/729-wortham-fawcett [accessed 25 April 2024]

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729 WORTHAM V FAWCETT

John Wortham of Wimbish, co. Essex, esq, v James Fawcett of London, tailor

No date

Abstract

Wortham, one of the king's gentleman pensioners, complained that when he arrested Fawcett for the £20 debt he owed him, Fawcett abused him in the streets, calling him 'base rascall, villaine and the like', telling him that he would never have his money and that he would have Wortham 'thrust out of his place'. Wortham claimed that Fawcett was trying to provoke him into striking a blow so that he could sue him for battery. He petitioned the Earl Marshal to bring Fawcett to answer; but no further proceedings survive.

Initial proceedings

EM344, Petition

'One James Fawcett, a taylor, dwelling neere Temple Barr, being indebted to your petitioner to the value of 20li , your supplicant on Tuesday last arrested him, who afterwards meeting your petitioner in the streets reviled him before multitudes of people, with the disgraceful names of base rascall, villaine and the like, telling your petitioner that he should never have his money, and that before a week's end, he would procure your petitioner to be thrust out of his place; which kind of behaviour and termes, are usuall with Fawcett to all gent., purposely to provoke them thereby to strike him, to thend he might bring an accon of batterie and recover costs against them. Now maie it please your lordship, the petitioner being readie to prove everie particular of the premises to be true, and having received this infinite disgrace before 100 people in the open streets to the great blemish of his reputation.'

Petitioned that Fawcett be brought to answer.

No date.

No signatures.

Notes

John Wortham of Wimbish, co. Essex, father of Sussex Wortham compounded in 1652.

CCCD , vol. 3, p. 2097, vol. 5, p. 3259.

Documents

  • Initial proceedings
    • Petition: EM344 (no date)

People mentioned in the case

  • Fawcett, James, tailor
  • Howard, Thomas, earl of Arundel and Surrey
  • Stuart, Charles I, king
  • Wortham, John, esq
  • Wortham, Sussex

Places mentioned in the case

  • Essex
    • Wimbish
  • London
    • Temple Bar

Topics of the case

  • debt
  • denial of gentility
  • royal servant