This free content was Born digital and sponsored by AHRC and University of Birmingham. CC-NC-BY.
26 BALLARD V KESTIAN
Thomas Ballard of Wandsworth, co. Surrey, gent v Richard Kestian of the same
June - October 1637
Ballard charged Kestian with having said that Ballard lied at Sir Abraham Dawes's house in Putney and in the presence of justices of the peace. Process was granted on 21 June 1637; but no further proceedings survive.
'Good Mr Dethick
My Lo: Marshall doth give order that Mr Ballard shall have process against Richard Kestian.'
21 June 1637
Signed by John Coxe.
R.19, fo. 26r, Summary of libel
'That I Ballard and my Ancestors, is and have bin gentlemen for above 3 [sic] yeares past and soe commonly reputed. And that Kestian at the house of Sir Abraham Dawes at Putney before the king's commissioners or Justices of peace, then said publiquely, that Tho: Ballard did lye, or that, that which I had tould to the commissioners was a lye, or the like in effect, thereby to provoke and c.'
Third session, Trinity term, 1637.
Summary of proceedings
The cause was set to be examined on 14 October 1637, with Dr Ryves representing Ballard and Dr Duck acting for Kestian, but lines were struck through the cause by the clerk suggesting the cause did not appear.
Neither party appeared in the Surrey Visitations of 1623 or 1662-8. Ballard may have been the Lieutenant-Colonel Thomas Ballard in viscount Grandison's regiment in 1640 and killed in the civil wars.
W. B. Bannerman (ed.), The Visitations of the County of Surrey in 1530, 1572 and 1623 (Publications of the Harleian Society, 43, 1899); G. J. Armytage (ed.), A Visitation of the County of Surrey, 1662-1668 (Publications of the Harleian Society, 60, 1910); P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 15.
- Initial proceedings
- Fiat: 3/176 (21 Jun 1637)
- Summary of libel: R.19, fo. 26r (Tri 1637)
- Proceedings before Maltravers: 8/27 (14 Oct 1637)
People mentioned in the case
- Ballard, Thomas, gent
- Coxe, John
- Dawes, Abraham, knight
- Dethick, Gilbert, registrar
- Duck, Arthur, lawyer
- Howard, Henry, baron Maltravers
- Howard, Thomas, earl of Arundel and Surrey
- Kestian, Richard
- Ryves, Thomas, lawyer
- Villiers, William, viscount Grandison of Limerick
Places mentioned in the case
- Arundel House
Topics of the case
- giving the lie
- justice of the peace