The Court of Chivalry 1634-1640.
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Richard Cust, Andrew Hopper, '400 Malett v Stokes', in The Court of Chivalry 1634-1640, ed. Richard Cust, Andrew Hopper, British History Online https://www.british-history.ac.uk/no-series/court-of-chivalry/400-malett-stokes [accessed 15 October 2024].
Richard Cust, Andrew Hopper, '400 Malett v Stokes', in The Court of Chivalry 1634-1640. Edited by Richard Cust, Andrew Hopper, British History Online, accessed October 15, 2024, https://www.british-history.ac.uk/no-series/court-of-chivalry/400-malett-stokes.
Richard Cust, Andrew Hopper. "400 Malett v Stokes". The Court of Chivalry 1634-1640. Ed. Richard Cust, Andrew Hopper, British History Online. Web. 15 October 2024. https://www.british-history.ac.uk/no-series/court-of-chivalry/400-malett-stokes.
In this section
400 MALETT V STOKES
Thomas Malett, esq v John Stokes of Shirehampton, co. Gloucester, yeoman
June 1639
Abstract
Malett complained that on 3 October 1638 he had been affronted and challenged to a duel by Stokes, who had said 'thou base rogue Malett; come forth if thou darest for I will fight with thee'. Malett complained his reputation had suffered, but in obedience to 'his Majestie's declarations and commands, doth forbeare to take revenge thereof by waye of single combatt.' No further proceedings survive.
Initial proceedings
6/118, Petition
'Your petitioner, being a gent descended of an ancient familie was on or about the 3rd daie of October last, in the presence and hearing of divers persons, affronted and challenged to a duell by one John Stokes of Shierhampton in the county of Glouc., yeoman, who without anie provocation given by the petitioner spake these words, Thou (meaning the petitioner) rogue, thou base rogue Malett; come forth if thou darest for I will fight with thee, with divers other disgracefull speeches, whereby the petitioner suffereth much in his reputation in his countrie. And yet, in obedience to his Majestie's declarations and commands, doth forbeare to take revenge thereof by waye of single combatt.'
Petitioned that Stokes be bought to answer.
Maltravers granted process on 18 June 1639.
Notes
Neither party appeared in the 1623 Visitation of Gloucester: J. Maclean and W. C. Heane (eds.), The Visitation of the County of Gloucester, 1623 (Publications of the Harleian Society, 21, 1885).
Documents
- Initial proceedings
- Petition: 6/118 (18 Jun 1639)
People mentioned in the case
- Howard, Henry, baron Maltravers
- Malett, Thomas, esq
- Stokes, John, yeoman
Places mentioned in the case
- Gloucestershire
- Shirehampton
Topics of the case
- challenge to a duel
- denial of gentility
- threatened violence