339 Kelliawe v Cullys

The Court of Chivalry 1634-1640.

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'339 Kelliawe v Cullys', in The Court of Chivalry 1634-1640, (, ) pp. . British History Online https://www.british-history.ac.uk/no-series/court-of-chivalry/339-kelliawe-cullys [accessed 1 March 2024]

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339 KELLIAWE V CULLYS

John Kelliawe of St Blazey, co. Cornwall, gent v Thomas Cullys of the same, yeoman

February - Michaelmas term, 1639

Figure 339:

St Blazey, Cornwall. John Kelliawe accused Thomas Cullys of assaulting and abusing him at Thomas Dod's inn in August 1638 (Photograph: Richard Cust)

Abstract

Kelliawe, a captain in the Cornish trained bands, accused Cullys of having struck him on the head with his fist, and having said 'thou art a base rogue and a base fellow, and I am a better gentleman then thou art; and I can better maintain my charge then thou canst'. The quarrel took place on Bartholomew's Eve, August 1638, at the inn of Thomas Dod in St Blazey, Cornwall at a meeting of the churchwardens about parish affairs. Cullys did not deny having spoken the words in the libel, but claimed they were provoked by Kelliawe having first called him 'roague, base rascall and villaine.' The witnesses for the defence also alleged that Kelliawe hit Cullys with his hand and attempted to strike him with 'a gribble staff'.

Kelliawe's libel was presented on 21 February 1639 and the depositions of his witnesses were taken before a commission headed by Humphrey Lower, esq, on 3 April 1639 at Dod's inn. Various local villagers testified to the status of the Kelliawe family in Cornwall, including Thomas Herle, esq, JP, and the 82 year old Thomas Dod himself, a clerk, who claimed to be skilled in matters relating to the 'Herald's Bookes'. These witnesses also testified that Cullys was a yeoman or husbandman who ploughed his own grounds and was hired by others to do so. At the taking of Cullys' depositions on 2 September 1639, he claimed that Kelliawe had used his own kindred and servants to testify for him. This case was clearly an unequal contest and Cullys was found guilty fined £30 and ordered to pay the defendant £20 in damages and 20 marks costs.

Initial proceedings

11/29b, Libel

1. Kelliawe was from a family that had been gentry for up to 200 years and he was a captain of a foot company of the trained bands, whereas Cullys was merely an husbandman.

2. The previous July, August, September in St Blazey parish, Cullys had insulted Kelliawe: 'he said to me I was a rogue a base gentleman, and a base fellow, and stroke me over the head with his fist.'

No date [21 February 1639]

Signed by Arthur Duck.

R.19, fo. 22r, Summary of libel

'That Kelliaw for many yeares past was and is a captain of a foote company of the trained bands in the said county and that he and his ancestors for above 200 yeares is and have been gentlemen; and that Cullis is reputed as, and does the workes of a husbandman. And that he said Kelliaw was a rogue, a base gentleman and a base fellow, and struck him over the head with his fist, thereby to provoke and c.'

1638

No signature.

Plaintiff's case

11/29a, Letters commissory for the plaintiff

[Missing]

11/29e, Defence interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness.

2. Did the witness live of their own or depend upon another? How much were they worth in goods with their debts paid? How much did they pay in the last subsidy to the King?

3. Was the witness a household servant or retainer to Kelliawe? Was the witness related to Kelliawe and if so, in what degree? Which party did they favour and to whom would they give the victory if it were within their power?

4. How had they come to testify? Had they been asked or required? Had they received or promised expenses for their testimony?

5. Had there been any discord or controversy among the witnesses?

6. Had the witness spoken with any others concerning his testimony? Had the witness been directed or instructed how to depose? If so by whom and how?

7. Whether at the time of the pretended words the witness knew Cullys, and for how long? Was Cullys provoked by the witness or some other, and if so by whom, how, when, where and in whose presence?

8. Had the witness or some other, persuaded or procured Kelliawe to prosecute the suite against the defendant? Had the witness or another given instructions or directions to the plaintiff, his counsel, proctor, attorney or solicitor for the prosecution of Cullys?

9. Had the witness promised in writing to the plaintiff to depose as he had?

10. Did the witness know anything else concerning the case?

No date.

No signatures.

11/29c, Plaintiff depositions

Taken before commissioners Humphrey Lower, esq, Joseph May, clerk, Henry Vincent, gent, on 3 April 1639 in the inn of Thomas Dod, clerk in the town of St Blazey, with Obadiah Reynolds as notary public.

(Witness 1), Thomas Dod of St Blazey, co. Cornwall, clerk, aged about 82

To Kelliawe's libel:

1. 'Mr John Killiow of St Blazie is a gentleman very anciently discended' as Dodd 'hath heard and believes by the sight of the Heralds Bookes in which [he] hath been skilled this fifty yeares or thereabouts, and for long hath knowne that family. And he alsoe saith that Mr Killiow is a Captaine of a foot company in Cornwall for these five yeares and above, and he is the sonne and heire of John Killiow of Lanselles Esquire now living... saving that Thomas Cullis hath been also knowne to [Dod] well neere forty yeares and is accompted a yeoman of the Countrey.'

2. 'He lived of his owne and did pay the shiprate, but how much he now remembers not.'

3. 'He is a tenant unto Mr Killiow and wisheth right may take place'.

4. 'He came to testify being named now at the commission and hath nothing; nor expects any money or reward for his paynes or expenses.'

Signed by Thomas Dod, clerk, and by commissioners Humfrey Lower, Joseph Maye and Henry Vincent.

(Witness 2), John Marten of St Blazey, co. Cornwall, husbandman, aged about 50

To Kelliawe's libel

1. Kelliawe was a gentleman and the son and heir of 'Mr John Killiow of Lanselles as yet living'. Thomas Cullis was a husbandman and 'he hath seene him hold the plough in his own grounds.'

2. Upon last Bartholomew Eve, he, being churchwarden was conferring about parish affairs with other parishioners in Dod's house and as he came into the hall of the house, he heard Cullys say to Kelliawe 'thou art a base gentleman' and that Cullys struck with his fist at Kelliawe's head 'soe that Mr Killiowes hatt fell off there being alsoe present at these passages, Peter Rowse, John Menheire, Mary Hall and Mr Julian Dad.'

To Cullys's interrogatories:

2. 'He payd ixs to the last shiprate.'

4. 'He came being required by tender of money and expects noe reward.'

9. 'A little after this difference chanced twixt Mr Killiow and Thomas Cullis' this witness 'was desired to discover what he could remember of those passages, and thereupon he did soe and put under his hand what he could remember.'

(Witness 3), John Menheere of St Blazey, co. Cornwall, husbandman, aged about 34

To Kelliawe's libel:

1. 'John Killiow gent is discended of an ancient family of gentility and for divers years past Mr John Killiowe hath been a captaine of a foote company in Cornwall and soe much he hath credibly heard and believes... He also saith that Thomas Cullis is a man that doth employ himself in the ordinary workes and laboures of husbandry upon his owne grounds, vizt. in hedging, beating, plowing, ditching, threshing and the like.'

2. Upon last Bartholomew Eve, he, being churchwarden was conferring with eight men about parish affairs in Mr Dad's house in St Blazie village. When he came into the house he found Kelliawe and Cullys quarreling; and Cullys said to Kelliawe 'that he was a base gentleman and herewith stroke Mr Killiow on the head with his fist and when, to these words and usage, Mr Killiow sayd unto Thomas Cullis he was a knave to say and doe soe, Thomas Cullys presently replyed, thou art a base rogue and a base fellow, and I am a better gentleman then thou art, and I can better maintain my charge then thou canst.' There were also present 'Peter Rowse, John Martyn, Mr Julian Dad, Mary Hall and divers others whose names he hath now forgotten.'

To Cullys's interrogatories:

4. 'He came to testify his knowledge in this cause being required according to law.'

9. As witness 2.

Signed by the three commissioners.

(Witness 4), Thomas Herle of Prideaux, in Luxulyan parish, co. Cornwall, esq, aged about 46

To Kelliawe's libel:

1. John Kelliawe was 'descended of an ancient family of gentility; and his ancestors have matched some of the best families of this county; and that he hath beene a captaine for divers yeares of a foot company.' He also said that Thomas Cullys 'doth mostly employ his endeavors about matters of husbandry.'

Signed by Thomas Herle, and by the three commissioners.

(Witness 5), Mary Hall now of Creed but formerly of St Blazey, co. Cornwall, 'virgo', aged about 32

To Kelliawe's libel:

1. As witness 4.

3. Around last Bartholomew's day, Kelliawe and Cullys were at Dad's house where she heard Cullys say to Kelliawe that 'he was a base fellow and noe gentleman, and that he was a better gentleman then Mr Killiow and could better mayntaine his charge'. That there were also present Peter Rowse, John Menheire, John Martyn, Mr Julian Dad and John Herle.

To Cullys's interrogatories:

2. 'She now lives with her mother and knows not what her mother being a widow will give her.'

3. 'She wisheth right may take place.'

4. 'She came to testify her knowledge being precepted by order of law and expecteth noe reward.'

Signed by the three commissioners.

(Witness 6), Edward Tomlinson of Pelynt, gent, aged about 30

To Kelliawe's libel:

1. He had 'well knowne and been acquainted with Mr John Killiowe by the space of twenty years', and that he was 'the sonne and heire apparent of John Killiowe of Lansalles'. Kelliawe had bee captain of a foot company for several years and was 'descended of an ancient gentile family was most in the County of Cornwall'. Since the death of Kelliawe's grandfather, John Killiow esq, Tomlinson had been 'acquainted *with*, read and seen divers sundry deeds, *escripts* and instruments, some of one hundred and some of two hundred and more years date, and in all [Tomlinson] hath observed *every of* them to be entitled with the name and appellation of an esquior, and that they have matched and true matched into many of the best houses of gentility in Cornwall.'

To Cullys's interrogatories:

2. 'He was rated at last shiprate *save one* at xvis 0d ... saving that he knows not yet what the last came unto.'

3. He 'did match with the cosen german of me John Killiow and wisheth right may take place.'

4. As witness 5.

Signed by Edward Tomlinson and by the three commissioners.

(Witness 7), John Marten, the younger, of St Blazey, co. Cornwall, husbandman, aged about 30

To Kelliawe's libel:

1. He had known Kelliawe for over twenty years, and that Kelliawe was 'descended of an ancient family of gentility', was a captain of a foot company and 'reputed, esteemed and taken to be a gentleman of antiquity discent'. Thomas Cullys 'is a man of an ordinary condicon in the countrey and doth himselfe in person, plough, mowe, dig, thresh and sand with other workes of husbandry, and soe hath often done upon his owne land and grounds.'

Signed by the three commissioners.

(Witness 8), Juliana Dad, wife of Thomas Dadd, clerk of St Blazey, co. Cornwall, clerk, lived there for 36 years, aged about 58

To Kelliawe's libel:

1. As witness 4.

2. Upon last Bartholomew's eve she heard the words between Kelliawe and Cullys in her husband's house. Cullys said to Kelliawe 'that he was a base gentleman and that himself was a better gentleman then Mr Killiow and would maintain it.' There were also present Peter Rowse, John Marten, John Menheire, Mary Hall, John Herle and others.

To Cullys's interrogatories:

4. As witness 5.

9. As witness 2.

Signed by Juliana Dad [her mark], and by the three commissioners.

(Witness 9), John Robins of St Blazey, co. Cornwall, husbandman, aged about 60

To Kelliawe's libel:

1. He had known the Kelliawe family for over 40 years. Kelliawe, his father and grandfather were 'accepted, reputed and taken to be gentlemen very anciently descended', and Kelliawe had been a captain of a foot company for several years. Thomas Cullys was 'a man that doth usually addresse himselfe to affaires of husbandry for he hath seene him to digge and delve, hedge and plough with many other such labours'.

Signed by John Robins [his mark], and by commissioners Humfrey Lower, Joseph Maye and Henry Vincent.

(Witness 10), Walter Allen of St Blazey, co. Cornwall, lived there for 30 years, aged about 74

To Kelliawe's libel:

1. He knew Kelliawe since his childhood, and knew his father and grandfather, and 'they all were accepted, reputed and taken to be gentlemen very anciently descended'. Kelliawe had been a captain of a company of foot for several years. Thomas Cullys was 'a man that useth in his owne person many affairs belonging to husbandry, and at severall times Thomas Cullis hath held his owne plough in tillage of [Allen's] grounds and hath received his hire from [him] together with meate and drinke during his the time.'

Signed by Walter Allyn and by commissioners Humfrey Lower, Joseph Maye and Henry Vincent.

(Witness 11), Richard Robins of St Blazey, co. Cornwall, lived there for 18 years, aged about 50

To Kelliawe's libel:

1. He knew Kelliawe and his father and grandfather, and 'all have beene accepted, reputed and taken to be gentlemen, descended of ancient gentility'. Kelliawe was captain of a company of foot. Thomas Cullys 'doth very often employ his labour and industry about the affaires of husbandry, and once [Robins] having occasion, did hire Thomas Cullis to plow him one jorneyes tillage, which he did accordingly; and he came with his plough and did hold the same the whole journey and then [Robins] paid him his hire together with meate and drink whiles he was there.'

Signed by Richard Robins [his mark], and commissioners Humfrey Lower, Joseph Maye and Henry Vincent.

11/29d, Notary public's certificate

Certificate in Latin signed by Obadiah Reynolds, notary public that the above examinations had been completed and were now being returned.

Dated 6 April 1639

Notary's mark.

Defendant's case

Acta (4), fo. 103, Defence

1. The words mentioned in the libel were spoken in response to 'injurious words... and provocations given at the tyme', namely 'John Killiow did first call me... rogue, base rascall and villaine or words to similar effect'.

2. Cullys admitted that he struck Kelliawe; 'yet Mr Killiow did at the time and place in the libel first abuse [damaged] Cullis in a most barbarous manner.'

3. Whatever Cullys did or spoke against Kelliawe, those who were present would testify was said or done 'in the just and lawful defence of the person and reputation of mee'.

4. The witnesses produced by Kelliawe were his own kinsmen or servants, and such that Kelliawe 'may easily perswade to sweare any untruth and for such are so reputed and taken.'

No date.

No signature.

R.19, fo. 16r, Summary of defence

'Thomas Cullis by way of defence and exception against the libel of John Killiow, sayes that the words in this cause libelled which he does not owne, yet the words were spoken upon occasion of injurious words first spoken and provocations given by Killiow, namely Killiow did call him base rogue, base villaine, and abused and struck him andc. Sayes the witnesses are some of kindred and some domestick servants, which the plaintiff may easily persuade to swear any untruth, prayes he may have right done.'

1639

No signature.

Acta (4), fo. 104, Letters commissory for the defence

Addressed to commissioners John Score, gent, Joseph May, clerk, John Gendall, gent, and also Humphrey Lower, esq, Henry Vincent, esq, and Nicholas Hatch, clerk to examine words tending to provoke a duel in the inn of Dodd in St Blazey, co. Cornwall, on 1-3 September 1639.

Dated 9 July 1639

Humphrey Terrick assigned Richard Blight as notary public.

Acta (4), fo. 105, First set of plaintiff's interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was their age, occupation and condition? How did they know the parties and to whom would they give the victory?

2. Had they received or been promised anything for their testimony?

3. Were they a household servant, tenant, or relative to either party, and if so, in what degree?

4. Had they been instructed how to depose?

5. Whether 'in the month of August 1638 he was present in the house of Thomas Dad in company with Mr John Kelliawe, Peter Rowse and John Martin and Thomas Cully and on what occasion of business was the company thenabout? Whether did he heare Thomas Cully at the same time and place say unto Mr John Kelliawe that Kelliawe was a rogue, a base gentleman and a base fellow, and that he was no gentleman and that he could better maintain his charge than Kelliawe'? And 'whether or noe did Cullis in a disgraceful manner offer the bastinado to Mr Kelliaw, or did he strike Mr Kelliawe over the head with his fist, or did he use any such like disgracefull and dishonourable carriage or affront to Mr Kelliawe, as such witness did then observe?'

6. Whether 'or not Mr Kelliawe be a gentleman ancientlie descended and a captain of a foot company and soe comonlie reputed and taken? and whether or noe Thomas Cullis bee not a man of little or noe esteeme, at least an yeoman and noe gentleman? and whether or noe hee bee a man of honest life and conversacon <and hath not he been questioned for begetting his woman servant with child, and whether there bee not a common fame thereof>'?

7. Did Kelliawe 'use words of provocation to Cullis at the time and place' and what was the occasion of the falling out between Mr Kelliawe and Thomas Cullis? and whether did not Mr Kelliawe demeane himselfe verie civillie and soberlie all the time? and whether did not Cullis use verie scornefully and reproachfull speeches towards Mr Kelliawe and did not he use the words in the 5th interr mentioned or some of them before Mr Kelliawe made any replye tending to the reproach of Cullis? and whether did not Cullis again and again often repeat the words in the 5th interr expressed or some of them of purpose to provoke Mr Kelliawe to strike him'?

8. Did any witness see Kelliawe strike Cullys, and 'with what instrument and in what manner did he strike him? Whether was such witness assisting and abetting Cullis in abuseing Mr Kelliawe; whether hath Cullis brought any action for Mr Kelliawe's pretended booking of him, in what court, and what damage hath he rendered?'

[Final item 9 too damaged]

No date.

No signatures.

Acta (4), fo.105a, Second set of plaintiff interrogatories

1. Was Cullys 'not a common alehouse haunter and how often he hath been at the alehouses or taverns within these twelve months last past; and whether he hath not beene very uncivill and unruly in his carriage; and hath not spent twenty shillings or more money at a time in one ; and hath not his wife for very greefe and discontent broken the glass windowes'?

2. Whether 'he be not bound [to keep the peace] for his uncivil and idle carriage'?

3. Had Cullys's wife 'not followed him from alehouse to alehouse to prevent his exterordinary drinking and spending his money.'

4. Did the witness 'not report unto divers persons some of St Austell parish and of St Blasy parish, and some of Tywardreath parish, that Thomas Cullys had much wronged and abused Mr John Kelliowe' in his '<presence> heering being in the next room by.'

No date.

No signatures.

Acta (4), fo.104a, Letters substitutional for the defendant

Walter Kendall, gent, was hereby authorised to interrogate all the witnesses on the behalf of Thomas Cullys, defendant.

No date.

Acta (4), fos. 106r-110r, Defence depositions

Taken before commissioners Joseph May, clerk, Humphrey Lower, John Scory, Henry Vincent and John Gendall, gentlemen, on the 2 September 1639 in the inn of Thomas Dodd in the town of St Blazey, co. Cornwall.

Richard Blight, notary public

Mention also of Walter Kendall from the earlier letters substitutional.

Examined 2 September 1639

fos. 107r-108r (Witness 1), John Heard of Luxulyan, co. Cornwall, born there, 'bawlker'[ploughman], aged 45

To Cullys's defence:

1, 2. He was present at Dod's house about a year ago where he saw Kelliawe strike at Cullys with a 'gribble staff, which blowe, one Peter Rowse standing by did with his arm take off from Cullis'. That he did not know whether Kelliawe was formerly provoked by Cullis because he came into the room after the quarrel had begun.'

To Kelliawe's interrogatories:

1. [Too damaged]

2. 'He is worth £40, all men payd and liveth of himself, and come to testify in this cause being served with a precept from the commissioners, and with the tender of 6d'.

3. After Kelliawe offered to strike Cullys, he heard Cullys say to Kelliawe 'that he was a base gentleman to offer to strike him in that manner'. He came accidentally into their company, they having met there about parish business. When Kelliawe offered to strike Cullis, Cullis said to Kelliawe that 'if he would goe forth the doores he would try himself with hime; but that he would not doe it in an alehouse'.

4. Kelliawe was a gentleman, and captain of a foot company, and 'that he hath not heard Cullis to be reputed a gentleman; but is called master by some particular persons and that he is held to be a man of honest conversation.'

5. 'Mr Killiowe did demeane himself civilly and fayrely all the tyme' that Heard was in his company 'and that he is held and reputed to be a civill gentleman.'

6. He 'did not see Mr Killiowe to strike Cullis, but offered to strike him'.

7. That he knew all the witnesses except Edward Tomlynson and said that they were all honest persons whom he believed would not take a false oath.

To Kelliawe's second set of interrogatories:

1. 'His wife seeking him upon occasions, hath found him at an alehouse.'

4. 'He doth not remember that he confessed any such words as is interrogated.'

Signed by John Heard.

Signatures by commissioners Joseph May Humfry [Lower].

fos. 108v-109r (Witness 2), Peter Rouse of St Blazey, co. Cornwall, born there, gentleman, aged 60

To Cullys's defence:

1. A year ago at Dod's house in St Blazie he heard Kelliawe say to Cullys 'thou art a Rouge and a Rascall', which was 'before there was any ill language given by Cullis unto Mr Killiowe'.

2. After an exchange of ill words Kelliawe and Cullys 'came to blowes', and that 'Mr Killiowe did give the first blows which was presently seconded by Cullis'.

3. [Too damaged]

To Kelliawe's interrogatories:

3. Rouse's son and Cullys's son married with two sisters, 'but for the affinity he leaves it to the lawe.'

5. He heard Cullys say to Kelliawe, that Kelliawe 'was a base fellow and a base gentleman, which words Cullis repeated divers and sundry tymes'. He heard Cullys dare Kelliawe 'to come forth the doores, and to fight with him.'

Signatures by commissioners John Score, Henry Vincent, Joseph May, John Gendall, John Marten

fos. 109v-110r (Witness 3), John Marten of St Blazey, co. Cornwall, born there, husbandman, aged 40

To Cullys's defence:

1. He did not remember any of the words spoken by Kelliawe to Cullis as is suggested in the articles.

2. He was at Dodd's house in St Blazie where he saw Kelliawe strike Cullys 'with the back of his hand before' Cullys struck Kelliawe.

3. The blows upon Kelliawe 'were given by Cullis in his owne defence.'

To Kelliawe's interrogatories:

4. 'He is worth £10 all men paid, and that he came to testifie in this cause, being precepted and having rejected 1s, and 1s more, he is promised to receive for his wages besides his dyett.'

5. He heard Cullys say to Kelliawe 'thou art a base gentleman.'

6. He was not present for the whole of the quarrel and so 'doth not certainly know which of the partys gave the first cause of quarrell or provocation.'

Signatures by commissioners Joseph Maye, Humfrey Lower, John Score, John Gendall, Henry Vincent.

Acta (4) fo. 110r, Notary public's certificate

Certificate in Latin signed by Richard Blight, notary public, that the above examinations had been completed and were now being returned.

No date.

Sentence / Arbitration

EM3165, Plaintiff's sentence

Cullys was found guilty of saying 'that John Kelliawe was a base gentleman, and himselfe was a better gentleman then John Kelliawe; and stroke John Kelliawe on the head with his fiste'.

Cullys was to pay a £30 fine to the king, £20 damages to the plaintiff and costs were taxed at 20 marks.

No date.

EM3164, Defendant's sentence

Sentence for Cullys v Kelliawe

No amounts filled in.

No date.

EM3166, Defendant's bill of costs

Hilary term 1638/9: £3-10s-8d

Vacation: £5-5s-0d

Easter term, 1639: £3-6s-0d

Trinity term, 1639: £1-4s-0d

Vacation: £6-0s-0d

Michaelmas term, 1639: £10-0s-6d

Sum total: £29-5s-8d

No date.

No signatures.

Summary of proceedings

Dr Duck acted as counsel for Kelliawe and Dr Parry for Cullys. The cause appeared before the earls of Arundel, Huntingdon and Bath on 21 February 1639, when Dr Duck presented the libel for Kelliawe and Dr Parry denied it for Cullys.

Notes

For another account of the case, see G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p.35.

John Kelliawe is probably the John Kyllyowe mentioned in the 1620 Visitation of Cornwall, as the son and heir of John Killiowe of Lansallos and Anne, daughter of Thomas Kendall of Treworga.

J. L. Vivian and H. H. Drake (eds.), The Visitation of Cornwall in the year 1620 (Publications of the Harleian Society, 9, 1874), p. 118.

Documents

  • Initial proceedings
    • Libel: 11/29b (21 Feb 1639)
    • Summary of libel: R.19, fo. 22r (no date)
  • Plaintiff's case
    • Letters commissory for the plaintiff: 11/29a (Missing)
    • Defence interrogatories: 11/29e (no date)
    • Plaintiff depositions: 11/29c (3 Apr 1639)
    • Notary public's certificate: 11/29d (6 Apr 1639)
  • Defendant's case
    • Defence: Acta (4), fo. 103 (no date)
    • Summary of defence: R.19, fo. 16r (1639)
    • Letters commissory for the defence: Acta (4), fo. 104 (9 Jul 1639)
    • First set of plaintiff interrogatories: Acta (4), fo. 105 (no date)
    • Second set of plaintiff interrogatories: Acta (4), fo. 105a (no date)
    • Letters subsitutional for the defendant: Acta (4), fo. 104a (no date)
    • Defence depositions: Acta (4), fos. 106-110 (2 Sep 1639)
    • Notary public's certificate: Acta (4), fo. 110 (no date)
  • Sentence / Arbitration
    • Defendant's sentence: EM3164 (no date)
    • Plaintiff's sentence: EM3165 (no date)
    • Defendant's bill of costs: EM3166 (Mic 1639)
  • Proceedings
    • Proceedings before Arundel: 1/6, fos. 20-33 (21 Feb 1639)

People mentioned in the case

  • Allen, Walter, gent
  • Blight, Richard, notary public
  • Bourchier, Henry, earl of Bath
  • Cullys, Thomas, yeoman
  • Dod, Julian, Mr (also Dad, Dadd, Dodd)
  • Dod, Juliana (also Dad, Dadd, Dodd)
  • Dod, Thomas, innkeeper (also Dad, Dadd, Dodd)
  • Duck, Arthur, lawyer
  • Gendell, John, gent
  • Gendell, Walter, notary public
  • Hall, Mary
  • Hatch, Nicholas, gent
  • Hastings, Henry, earl of Huntingdon
  • Heard, John, ploughman
  • Herle, Thomas, esq
  • Howard, Thomas, earl of Arundel and Surrey
  • Kelliawe, Anne (also Killiowe, Kyllyowe)
  • Kelliawe, John, esq, the elder (also Killiowe, Kyllyowe)
  • Kelliawe, John, esq, the younger (also Killiowe, Kyllyowe)
  • Kendall, Anne
  • Kendall, Thomas
  • Lower, Humphrey, esq
  • Marten, John, husbandman, the elder (also Martyn)
  • Marten, John, husbandman, the younger (also Martyn)
  • May, Joseph, clerk (also Maye)
  • Menheire, John, husbandman (also Menheere)
  • Parry, George, lawyer
  • Score, John, gent (also Scory)
  • Reynolds, Obadiah, notary public
  • Robins, Richard
  • Rowse, Peter, gent
  • Terrick, Humphrey
  • Tomlinson, Edward, gent (also Tomlynson)
  • Vincent, Henry, gent

Places mentioned in the case

  • Cornwall
    • Creed
    • Luxulyan
    • Pelynt
    • Prideaux
    • St Austell
    • St Blazey
    • Treworga
    • Tywardreath

Topics of the case

  • assault
  • churchwarden
  • comparison
  • denial of gentility
  • drunkenness
  • Herald
  • military officer
  • ship money
  • tavern brawl
  • taxation
  • trained band
  • weapon