213 Floyer v Croker

213 FLOYER V CROKER

Anthony Floyer of Whitchurch Canonicorum, co. Dorset, gent v John Croker of the same, yeoman

July 1639 - December 1640

Abstract

Floyer complained that Croker called him a 'base rascall' and gave him the lie in December 1638, thereby provoking him to duel. John Farthing of Colyton, Devon, gent, entered bond to prosecute the cause on behalf of Floyer on 16 July 1639, but the libel was not given until 1640 and the commission for examining Floyer's witnesses was delayed until December 1640. No further proceedings survive.

Initial proceedings

6/67, Petition to Maltravers

Floyer was 'descended from an ancient and generous family; and that John Crocker of Whitchurch, yeoman, in the month of December 1638 called your petitioner base rascall and gave him the lye, with many other reproachfull tearmes, much provokinge your petitioner to duell.'

Petitioned that Croker be brought to answer.

Maltravers granted process, no date.

6/66, Plaintiff's bond

16 July 1639

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

Signed by John Farthing of Colyton, co. Devon, gent, on behalf of Floyer.

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

6/43, Defendant's bond

14 October 1639

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

Signed by John Croker.

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

R.19, fo. 3r, Summary of libel

Floyer was styled as of Barne in the parish of Whitchurch; and his ancestors had been reputed gentlemen for above 300 years. Crocker said 'Floyer was a base rascall and gave him the lye. Thereby to provoke and c.'

1640

No signature.

Summary of proceedings

Dr Parry acted as counsel for Floyer and Dr Sweit for Crocker. The commission for examining Floyer's witnesses was delayed until December 1640.

Notes

Anthony Floyer of of Whitchurch Canonicorum, co. Dorset, esq (d. c. 1672), was the son of Anthony Floyer of co. Devon (d.1608), and Anne, daughter and coheir of Nicholas Martin of Athelhampton. He married Elinor, daughter of Sir William Poole of Colcombe in the parish of Colyton, co. Devon, knt.

G. D. Squibb (ed.), The Visitation of Dorset, 1677 (Publications of the Harleian Society, 117, 1977), pp. 23-4.

Documents

• Initial proceedings
  • Petition to Maltravers: 6/67 (no date)
  • Plaintiff's bond: 6/66 (16 Jul 1639)
  • Defendant's bond: 6/43 (14 Oct 1639)
  • Summary of libel: R.19, fo. 3 (1640)
• Proceedings
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Croker, John, yeoman (also Crocker)
• Farthing, John, gent
• Floyer, Anthony, gent
• Floyer, Anne
• Howard, Henry, baron Maltravers
• Martin, Anne
• Martin, Nicholas
• Parry, George, lawyer
• Poole, Elinor
• Poole, William, knight
• Sweit, Giles, lawyer (also Swett)
• Watson, John

Places mentioned in the case

• Devon
  • Colcombe
  • Colyton
• Dorset
  • Athelhampton
  • 'Barne'
  • Whitchurch Canonicorum

Topics of the case

• denial of gentility
• giving the lie
• provocative of a duel