242 Gascoigne v Brearey

The Court of Chivalry 1634-1640.

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242 GASCOIGNE V BREAREY

Henry Gascoigne of Middleton, Rothwell, co. York, esq v William Brearey, alderman of York

July 1637

Abstract

Gascoigne complained that Brearey, an alderman of York, had invited him to his house the previous May to discuss their accounts, when Brearey called him 'base fellow', and gave him the lie, saying 'he was a better gent than' Gascoigne. William Gascoigne entered bond to prosecute the cause on behalf of Henry on 6 July 1637; but no further proceedings survive.

Initial proceedings

3/143, Petition to Arundel

Gascoigne was descended of an ancient Yorkshire family. 'In May, last your petitioner, being appointed by William Brieray, one of the aldermen of the citty of Yorke to come to his house to conferre with the alderman about some accounts between them, the alderman gave your petitioner very abusive words, terming him a base fellow, giving him the lye, sayeing he was a better gent then your petitioner, and divers other such like words.'

Petitioned that Brearey be brought to answer.

Duck desired Dethick to grant out process.

Signed by Arthur Duck.

3/144, Plaintiff's bond

6 July 1637

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

Signed by William Gascoigne of Middleton, in the parish of Rothwell, gent, on behalf of Henry Gascoigne.

Sealed, subscribed and delivered in the presence of Humphrey Terrick.

Notes

Henry Gascoigne was probably Henry Gascoigne (1586-1645) of Thorpe on the Hill, in the parish of Rothwell, clerk of the peace for the West Riding. He was the son of John Gascoigne of Thorpe on the Hill and Margaret, daughter of Henry Tempest of Tong. He married Jane, daughter of William Cartwright, esq, previously clerk of the peace for the West Riding. His eldest son William Gascoigne was slain at Melton Mowbray, co. Leicester, in 1644. Alternatively the plaintiff may have been Henry's second son, Henry Gascoigne, who died in London.

J. Foster (ed.), Pedigrees of the County Families of Yorkshire: The West Riding (London, 1874), vol. 1, unpaginated.

William Brearey was the son of Walter Brearey of Leeds. William was twice Lord Mayor of York and died in 1637. His son, another William Brearey, married Elizabeth, daughter of Humphrey Robinson of Thicket, co. York.

R. Davies (ed.), The Visitation of the County of Yorke begun in 1665 and finished in 1666, by William Dugdale (Surtees Society, 36, 1859), p. 210.

Documents

  • Initial proceedings
    • Petition to Arundel: 3/143 (no date)
    • Plaintiff's bond: 3/144 (6 Jul 1637)

People mentioned in the case

  • Cartwright, Jane
    • Cartwright, William
    • Dethick, Gilbert, registrar
    • Duck, Arthur, lawyer
    • Gascoigne, Henry, esq
    • Gascoigne, Jane
    • Gascoigne, John
    • Gascoigne, Margaret
    • Gascoigne, William, gent
    • Howard, Thomas, earl of Arundel and Surrey
    • Robinson, Humphrey
    • Tempest, Henry
    • Tempest, Margaret
    • Terrick, Humphrey

Places mentioned in the case

  • Middlesex
    • Westminster
  • York
  • Yorkshire, West Riding
    • Leeds
    • Middleton
    • Rothwell
    • Thicket
    • Thorpe on the Hill
    • Tong

Topics of the case

  • alderman
  • clerk of the peace
  • comparison
  • debt
  • denial of gentility
  • giving the lie
  • office-holding