259 Grice v Jenkinson

259 GRICE V JENKINSON

Henry Grice of Sandal, co. York, esq v Marmaduke Jenkinson of Wakefield, co. York, draper

November 1639

Abstract

Grice complained that on 17 October 1639 at Wakefield, Yorkshire, Jenkinson challenged him to fight and said to him, 'Thou lyest, thou arte a base fellowe and I am a better man than thou arte'. Grice claimed that he refused the challenge 'in obedience to this honorable courte', and entered bond to prosecute the cause on 4 November 1639. No further proceedings survive.

Initial proceedings

6/8, Petition

'Marmaduke Jenkinson of Wakefield in the county of York, draper, did, on or about the seventeenth day of October last past, at Wakefield, very much abuse your petitioner in these wordes followinge, vizt. Thou lyest, thou arte a base fellowe and I am a better man than thou arte; and your petitioner desiringe Jenkinson to leave of such his provokinge language, Jenkinson thereupon challenged your peticoner to fight with him and told your peticoner that if hee would not meete him the next day hee would take him where hee could find him.

Your peticoner, in obedience to this honorable courte, refusinge the challenge humblie beseecheth your honor to graunte him a process out of this honorable court to call the said Jenkinson to answeare the premises and the petitioner as in duty bound shall pray and c.'

Process granted by Maltravers on 1 November 1639

6/7, Plaintiff's bond

4 November 1639

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

Signed by Henry Grice.

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

Notes

Neither party appeared in Dugdale's visitation of 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).

Henry Grice esq requested the introduction into Chancery of a copy of the letters patent dated 1 December 1626.

J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-1640 (List and Index Society, special series, 35, 2004), part 2, p. 409.

Documents

• Initial proceedings
  • Petition: 6/8 (1 Nov 1639)
  • Plaintiff's bond: 6/7 (4 Nov 1639)

People mentioned in the case

• Grice, Henry, esq
• Howard, Henry, baron Maltravers
• Jenkinson, Marmaduke, draper
• Watson, John

Places mentioned in the case

• Middlesex
  • Westminster

Topics of the case

• challenge to a duel
• comparison
• Court of Chancery
• giving the lie
• other courts