149 Darcy v Green

149 DARCY V GREEN

Philip Darcy of Addington, co. Northampton, gent v Tobias Green of St Mary Whitechapel, London, tanner

April - June 1640

Abstract

Darcy claimed that Green had abused him with a series of insults in several London locations between January 1638 and February 1640. The first occasion had been in Whitechapel, Middlesex, when, in the company of others, Green called him 'a base rogue and a rascall', and said that 'he woare a sword but durst not draw it'. The insults continued, on later occasions, at the Horseshoe tavern in Drury Lane, on Tower Hill and at the Queen's Head tavern in East Smithfield. In early 1640 Green had met a Mr Wootton in the City of London and told him that he heard that Darcy would sue him in the Court of Honour and he wondered why he had not heard from him, bidding Wootton to tell Darcy 'that he had provided 20 marks and laid it aside of purpose to spend ...in the Court of Honour; and he knew that was the worst the Court of Honour could doe him.' Process was granted on 16 April 1640 and bonds were entered in June; but no further proceedings survive.

Initial proceedings

5/80, Petition

Darcy had 'been divers times, and in severall places, in the presence and hearinge of divers honest and substantiall witnesses, most insufferably reviled and scandalized by one Tobias Greene who amongst other opprobrious and scandalous words did utter and speak as followeth: That the petitioner was a base rogue and a rascall and that he woare a sword but durst not draw it; and that he would spend 100^li a day for 7 yeares together which the petitioner. And then Green hearinge that the petitioner would question him for these words in the Court of Honour,

Petitioned that Green be brought to answer.

Maltravers granted process, 16 April 1640.

5/79, Plaintiff's bond

16 June 1640

He was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster.'

Signed by Philip Darcy.

Signed, subscribed and delivered by John Watson.

5/93, Defendant's bond

25 June 1640

He was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster.'

Signed by Tobias Green.

Signed, subscribed and delivered by John Watson.

20/2e, Libel

1. Darcy's family had been gentry for up to 200 years.

2. Greene was not a gentleman and had been a tanner for up to 30 years.

3. From January to August 1638 in Whitechapel parish, co. Middlesex, Green called Darcy 'a Rogue, a Rascall, a base fellowe' and said that Darcy wore a sword by his side but did not dare draw it. When Darcy left Green and went into the Queen's Head tavern with a friend or two, Green followed him and again said that 'Darcey was a Rogue and a Rascall and a base Rogue, and flinging of[f] his coate', approached Darcy 'in a hastie manner with his fists clenched', saying that Darcy 'was a base Rogue', and 'nothing but a base serving man', and that Darcy 'wore a sword but durst not drawe it'. Green added that he did not care for Darcy, nor his sword, nor pistol, and that Darcy 'carried that pistol for some Rogues.'

4. From June to September 1638 at the Horseshoe Tavern, Drury Lane, co. Middlesex, Green called Darcy 'base Rogue, Rascall, dogge', and often gave him the lie.

5. From March to September 1639, on Tower Hill, Green said that Darcy was 'a base fellow and called me dogge Rogue and gave me the lye, with other opprobrious language'.

6. From October 1639 to February 1640, Greene met a Mr Preston and others at the Queen's Head Tavern in East Smithfield, 'and they asking how Darcey did', Green replied that Darcy 'was a Rogue and a base knave and a dogge'.

7. In January and February 1640, Green met Mr Wootton in the City of London who also asked how Darcy did. Green replied that Darcy 'was a Rogue and a base Rogue, and further told Mr Wootton that he heard that Darcey would sue him in the Court of Honour', and that he wondered why he had not heard from Darcy, and bade Mr Wootton tell Darcy that he said Darcy 'was a base Rogue and that he had provided 20 markes and laid it aside of purpose to spend with me in the Court of Honour; and he knew that was the worst the Court of Honour could doe him.'

No date.

Signed by Richard Hart.

Notes

For a full transcription of the plaintiff's bond, see G. D. Squibb, The High Court of Chivalry: A Study in the Civil Law in England (Oxford, 1959), appendix XIV, p. 253.

Philip Darcy was the son of Henry Darcy of Addington and Frances, daughter of Sir William Monins of Kent, knight and baronet.

W. C. Metcalfe (ed.), The Visitations of Northamptonshire made in 1564 and 1618-19 (London, 1887), p. 85.

Documents

• Initial proceedings
  • Petition: 5/80 (16 Apr 1640)
  • Plaintiff's bond: 5/79 (16 Jun 1640)
  • Defendant's bond: 5/93 (25 Jun 1640)
  • Libel: 20/2e (no date)

People mentioned in the case

• Darcy, Frances
• Darcy, Henry, gent
• Darcy, Philip, gent
• Green, Tobias, tanner
• Hart, Richard, lawyer
• Howard, Henry, baron Maltravers
• Monins, Frances
• Monins, William, knight and baronet
• Watson, John
• Wootton, Mr

Places mentioned in the case

• London
  • East Smithfield, Queen's Head Tavern
  • Tower Hill
  • St Mary Whitechapel
• Northamptonshire
  • Addington
• Middlesex
  • Drury Lane, Horseshoe Tavern
  • Westminster
  • Whitechapel

Topics of the case

• allegation of cowardice
• apparel
• denial of gentility
• tavern
• weapon