425 Midleton v Delieu

425 MIDLETON V DELIEU

William Midleton of St Lawrence Jewry, London, gent v Jacob Delieu of London, merchant

December 1637 - June 1638

Abstract

Midleton complained that Delieu had abused him at Howden, York, in December 1636, calling him 'rogue, base rascall and beggerlie rogue', and saying that 'hee had runne away from London', and that he 'durst not shew his face on the exchange att London'. Midleton maintained that these words were intended to provoke him into striking Delieu. The dispute had been agreed and bonds delivered by 20 June 1638.

Initial proceedings

3/14, Petition

'Your petitioner being a gent., descended of an ancient familie, in the moneth of December 1636 att Houlden in the countie of Yorke, was disgracefullie abused by Jacob Delieu, merchant of London. He called your petitioner rogue, base rascall and beggerlie rogue and sayde hee had runne away from London, and that your petitioner durst not shew his face on the exchange att London, which words he spake in a reproachfull manner, thereby provoking your petitioner to strike him and to combate with him.'

Petitioned that Delieu be brought to answer.

Arthur Duck desired Dethicke to grant a process on 15 December 1637.

'Sent out after, but the cause agreed and bonds delivered by decree', 20 June 1638.

13/1w, Citation

Delieu to appear at the suit of Middleton for scandalous words provocative of a duel.

Dated: 15 Dec 1637.

Delieu was described as of 'Leydon Stone'.

By special direction Gilbert Dethick, registrar.

Summary of proceedings

Dr Duck acted as counsel and Delieu was required to appear at the next summons on 27 January 1638.

Notes

William Midleton was the second son of Richard Midleton of Denbigh. His younger brothers Sir Thomas and Sir Hugh had served as Lord Mayor and acquired a baronetcy respectively. Jacob Delieu did not appear in the London Visitations.

J. Jackson Howard (ed.), The Visitation of London, 1633, 1634 and, 1635, vol. II (Publications of the Harleian Society, 17, 1883), p. 101.

Documents

• Initial proceedings
  • Petition: 3/14 (15 Dec 1637)
  • Citation: 13/1w (15 Dec 1637)
• Proceedings
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)

People mentioned in the case

• Delieu, Jacob, merchant
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Howard, Henry, baron Maltravers
• Midleton, Hugh, baronet (also Middleton)
• Midleton, Richard (also Middleton)
• Midleton, Thomas, baronet (also Middleton)
• Midleton, William, gent (also Middleton)

Places mentioned in the case

• Essex
  • Leytonstone
• London
  • The Exchange
  • St Lawrence Jewry
• Wales
• Yorkshire, East Riding
  • Howden

Topics of the case

• allegation of cowardice
• denial of gentility
• office-holding
• provocative of a duel