198 Eyre v Fox

The Court of Chivalry 1634-1640.

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198 EYRE V FOX

John Eyre of Hathersage, co. Derby, gent v Anthony Fox of the same, yeoman

June - October 1640

Figure 198:

North Lees Hall, Derbyshire, home of John Eyre of Hathersage.

Abstract

Eyre complained that Fox had abused him in September 1639, calling him 'a base knave', and saying he was a better man than Eyre, thereby provoking him to duel. Process was granted on 26 June 1640 and John Fitzrandolph of Chesterfield, Derbyshire, gent, entered a bond to prosecute the cause on behalf of Eyre.On 24 October 1640 a penalty was imposed for Fox's non appearance, but no further proceedings survive.

Initial proceedings

5/102, Petition

'Your petitioner is a gent descended of an ancient family of gentry; and that Anthony Fox of Hathersage, yeoman did verie much abuse and provoake your petitioner in the month of September 1639 by scandalous and injurious words, vizt. Hee said that your petitioner was a base knave, and that he was a better man then your petitioner, and challenged your petitioner, thereby much provoking your petitioner to duell.'

Petitioned for Fox to be brought to answer.

Maltravers granted process 26 June 1640.

5/103, Plaintiff's bond

20 June 1640

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

John Fitzrandolph of Chesterfield, co. Derby, gent acting for Eyre.

Signed by Edward Fitzrandolph

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

Summary of proceedings

On 24 October 1640 in proceedings before Lord Maltravers at Arundel House a penalty was reserved for Fox's non appearance.

Notes

John Eyre did not appear in the 1662-4 Visitation of Derbyshire: G. D. Squibb (ed.), The Visitation of Derbyshire, 1662-1664 (Publications of the Harleian Society, new series, 8, 1989).

Documents

  • Initial proceedings
    • Petition: 5/102 (26 Jun 1640)
    • Plaintiff's bond: 5/103 (20 Jun 1640)
  • Proceedings
    • Proceedings before Stafford: 1/11, fos. 41r-44v (24 Oct 1640)

People mentioned in the case

  • Eyre, John, gent
  • Fitzrandolph, John, gent
  • Fox, Anthony, yeoman
  • Howard, Henry, baron Maltravers
  • Howard, William, baron Stafford
  • Rainshaw, John

Places mentioned in the case

  • Derby
    • Chesterfield
    • Hathersage
  • London
    • Arundel House
  • Middlesex
    • Westminster

Topics of the case

  • challenge to a duel
  • comparison
  • denial of gentility
  • provocative of a duel