214 Folliott v Forrest

214 FOLLIOTT V FORREST

Aylmer Folliott of Yardley, co. Warwick, esq v Thomas Forrest of St Benet Sherehog, London, merchant

October 1639 - December 1640

Abstract

Folliott complained Forrest had abused him around two years earlier while he was in his chamber in an inn at Birmingham. Forrest 'in an outragious manner' swore that he would have the best room in the inn and burst into Folliott's room, where, 'without any provocation at all', he told Folliott 'that he was a base fellowe' and that he was a better man then any of Folliott's name', thereby 'very much provokeinge' Folliott to duel. The plaintiff claimed to be the son of Sir John Folliott, and that his ancestor Thomas, Lord Folliott had been baron of Balshannon in Ireland. Process was granted on 25 October 1639 and letters were issued for Folliott's witnesses to be examined by a commission headed by the Birmingham gentlemen Thomas Smallbrook and Edward Colemore, between 8 and 10 April 1640 in William Harrison's Red Lion Inn, Birmingham. The testimony of Forrest's witnesses was published in October-November, and on 4 December Folliott petitioned to hear sentence at the next sitting. But no further proceedings survive.

Initial proceedings

2/115, Petition to Arundel

He was the 'sonne and heire of Sir John Folliott knight' and he was 'in his chamber in an inn in Birmingham in the county of Warwick. One Thomas Forrest, late of London, merchant, comeing into the inn did, in an outragious manner, fall into swearinge that he would have the best roome or chamber in the inn; and, upon a suddaine, came into the roome or chamber where the petitioner was, and without any provocation at all (your petitioner having never seen Forrest before) told your petitioner that he was a base fellowe and that he, Forrest was a better man then he or any of Folliott's name, and that he was as good a man as any was in the country, very much provokeinge your petitioner to duell.'

Petitioned that Forrest be brought to answer.

Maltravers granted process on 25 October 1639.

2/114, Plaintiff's bond

7 November 1639

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

Signed by Edward Woolhouse of St Peter's, Cheapside, London, gent, on behalf of Folliott.

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

2/149, Defendant's bond

11 November 1639

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

Signed by Thomas Forrest.

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

Cur Mil I, fo. 57, Libel

1. Folliott's family had been gentry for up to 300 years, and he was the son of Sir John Folliott. Thomas, Lord Folliott had been baron of Balshannon in Ireland.

2. Between March 1637 and March 1638, Forrest had said 'that I, Ailmer Folliott was a base fellowe and that he was a better man then any of my name.'

3. Forrest was a plebeian.

No date

Signed by Thomas Eden.

Plaintiff's case

Cur Mil I, fo. 58, Letters commissory for the plaintiff

Addressed to commissioners John Grent, clerk, Humphrey Greswould, gent, Charles Dodd, gent and Thomas Ling, gent, and also Thomas Smallbrook, gent, Edward Colemore, gent, George Palmer, gent, and George Garrett, gent, to meet in a cause of scandalous words provocative of a duel, from 8 to 10 April 1640 in William Harrison's Red Lion Inn, Birmingham, co. Warwick.

William Lewin assigned Edward Latham as notary public.

Dated 20 February 1640.

Summary of proceedings

Dr Eden acted as counsel for Folliott and Dr Exton for Forrest.In October and November 1640 the testimony of Forrest's witnesses was published. On 4 December 1640, acting on Mr Folliott's behalf, Dr Eden petitioned to hear sentence at the next sitting. The case may have been unsettled when the court ceased to conduct business in spring 1641.

Notes

Aylmer Folliott did not appear in the Visitations of Warwick: J. Fetherston (ed.), The Visitation of the County of Warwick, 1619 (Publications of the Harleian Society, 12, 1877); W. H. Rylands (ed.), The Visitation of the County of Warwick, 1682-3 (Publications of the Harleian Society, 62, 1911).

Documents

• Initial proceedings
  • Petition: 2/115 (25 Oct 1639)
  • Plaintiff's bond: 2/114 (7 Nov 1639)
  • Defendant's bond: 2/149 (11 Nov 1639)
  • Libel: Cur Mil I, fo. 57 (no date)
• Plaintiff's case
  • Letters commissory for the plaintiff: Cur Mil I, fo. 58 (20 Feb 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings before Stafford: 1/11, fos. 41r-44v (24 Oct 1640)
  • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)
  • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)
  • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

• Colemore, Edward, gent
• Dodd, Charles, gent
• Eden, Thomas, lawyer
• Exton, Thomas, lawyer
• Folliott, Aylmer, esq (also Foliott)
• Folliott, John, knight (also Foliott)
• Folliott, Thomas, baron Balshannon
• Forrest, Thomas, merchant
• Garrett, George, gent
• Grent, John, clerk
• Greswould, Humphrey, gent (also Greswold)
• Harrison, William, innkeeper
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howard, William, baron Stafford
• Latham, Edward, notary public
• Lewin, William, lawyer
• Ling, Thomas, gent
• Palmer, George, gent
• Smallbrook, Thomas, gent
• Watson, John
• Woolhouse, Edmund, gent

Places mentioned in the case

• Ireland
  • Balshannon
• London
  • Cheapside
  • St Benet Sherehog
  • St Peter Cheap
• Middlesex
  • Westminster
• Warwickshire
  • Birmingham
  • Yardley

Topics of the case

• comparison
• denial of gentility
• peerage
• provocative of a duel