638 Temple v Ayleworth

The Court of Chivalry 1634-1640.

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Citation:

Richard Cust, Andrew Hopper, '638 Temple v Ayleworth', 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/638-temple-ayleworth [accessed 20 July 2024].

Richard Cust, Andrew Hopper, '638 Temple v Ayleworth', in The Court of Chivalry 1634-1640. Edited by Richard Cust, Andrew Hopper, British History Online, accessed July 20, 2024, https://www.british-history.ac.uk/no-series/court-of-chivalry/638-temple-ayleworth.

Richard Cust, Andrew Hopper. "638 Temple v Ayleworth". The Court of Chivalry 1634-1640. Ed. Richard Cust, Andrew Hopper, British History Online. Web. 20 July 2024. https://www.british-history.ac.uk/no-series/court-of-chivalry/638-temple-ayleworth.

In this section

638 TEMPLE V AYLEWORTH

Thomas Temple of Bourton-on-the-Water, co. Gloucester, LL.D., v Bray Ayleworth of the same, esq

May 1634 - October 1635

Figure 638:

Church Street, Stow on the Wold, Gloucestershire, and facing it, at the far end, the Crown Inn where commissioners met to hear Bray Ayleworth's witnesses in December 1634 (Photograph: Richard Cust)

Abstract

Temple, a Doctor of Civil Law and minister at Bourton-on-the-Water, Gloucestershire, since 1630, complained that in late July 1633, on a footpath in the field behind his house, Ayleworth had given him the lie, assaulted him and said that he 'was a base fellow and that he was better then myselfe, or any Temple in England, and would mayntayne it with his bloud against me or any Temple in England that durst; and that I durst doe nothing like a man, but with a pistol and a knife; and called me villaine, and sayd he would mayntayne me to be a villayne'. Temple was the son of Sir Thomas Temple of Stowe, Buckinghamshire, bart, and Ayleworth captain of the trained band and descended from a family of local justices. Ayleworth's claim to the title of esquire appears to have been open to challenge, but it was supported by John Wolgrave, the minister at nearby Wick Rissington who testified to having seen Sir John Borough, King of Arms, enter his name as esquire in a book at the Office of Arms.

The case was one of the first to be heard by the newly constituted court on 24 May 1634. Temple was granted process and presented his libel on 7 June. The examination of his eight witnesses was scheduled for 7-9 August, but did not happen until 2 October 1634. It took place at the town hall in Stow on the Wold, Gloucestershire, before Thomas Whittington, Rector of Rissingdon Magna, and Thomas Freeman of Naunton, clerk. Ayleworth's eight witnesses were examined before Anthony Hodge and William Hill, gents. and John Wade, clerk, on 18 December 1634 in the Crown Inn at Stow. Meanwhile the quarrels between the two men continued, with Ayleworth going around declaring that Sir William Andrews, Temple's brother in law, would deal with him, a reference to a clash in Lincoln's Inn Fields in November 1634 in which Andrews had assaulted Temple after repeated challenges to duel with him [see cause 637]. By the summer of 1635 Ayleworth and Temple had brought Star Chamber suits against each other. Ayleworth's action was for the assault and challenge in 1633, whilst Temple sued Ayleworth and various other parishioners for accusing him of committing adultery with Mary, the wife of John Toms, the parish clerk. Ayleworth petitioned Arundel that judgement be suspended in the Court of Chivalry case until the Star Chamber case had been heard, lest a favourable verdict for Temple in the former might give him an advantage and allow him 'to insult and brag of victory.' On 1 May 1635 the Earl Marshal granted Ayleworth until the following term to prove his allegations; however, on 20 June, with Star Chamber cases still undecided, sentence was given on behalf of Temple, and he was fined 20 nobles damages and £15 costs. On 20 October 1635 Ayleworth petitioned the Earl Marshal that, since he had paid these sums, there should be no further proceedings because these might prejudice the impending judgements in Star Chamber. No indication of any submission survives.

Initial proceedings

11/22a, Libel [bound at 11/26]

1. Temple was a Doctor of Civil Law and the natural and lawful son of Sir Thomas Temple of Burton Dassett, co. Warwick, knt and bart. The Temples were an ancient family that had been gentry for up to 500 years.

2. Ayleworth had given Temple the lie and said 'that I was a base fellow and that he was better then myselfe, or any Temple in England, and would mayntayne it with his bloud against me or any Temple in England that durst; and that I durst doe nothing like a man, but with a pistol and a knife; and called me villaine, and sayd he would mayntayne me to be a villayne'.

3. Ayleworth had publicly insulted him within the last six years in the aforesaid parish in the presence of persons of dignity.

4. Ayleworth had questioned his rank and arms.

5. All this was true, public and nototrious.

No date [7 June 1634]

Signed by Arthur Duck.

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

'Doctor Temple is Doctor of Lawes and is the lawful sonne of Sir Thomas Temple of Burton Bassett, in com. Warwick, knt. And he and his ancestors for above 500 years past is and have been gentlemen of an ancient family. And Ayleworth (such a day and place) said Temple lyed and that he was a base fellow, and that he was a better man than he or any Temple in England and would maintain it with his blood against him or any Temple that durst; and said he durst do nothing like a man, but with a pistol and a knife; and called him villaine and said he would maintaine him to be a villaine, thereby to provoke and c.

1634

No signature.

Plaintiff's case

9/4/74, Nomination of commissioners

Dr Temple nominated Conyiers Chambers of Slaughter, esq, Thomas Whittingham of Great Rissington, Mr Morecroft of Icomb, and Thomas Hide, gent. Ayleworth nominated Anthony Hodges of Broadwell, co. Gloucester, William Chadwell of the same, Thomas Freeman of Naunton, clerk and Thomas Hewes of Farington, clerk. The commission was scheduled to sit at Stow-on-the-Wold, co. Gloucester, from 7 to 9 August 1634.

11/22b, Letters commissory for the plaintiff

Addressed to commissioners Chamber Slaughter, esq, Thomas Whittington, Rector of Great Rissington, Mr Morecroft, Rector of Icomb, and Thomas Hide, gent, and also, Anthony Hodges, William Chadwell, Thomas Freeman, clerk, and Thomas Hewes, clerk, to meet from 7 to 9 August 1634 at the town hall in Stow-on-the-Wold, co. Gloucester.

Gilbert Dethick assigned John Adams as notary public.

Dated 30 June 1634.

Signed by Gilbert Dethick.

9/4/57, First set of defence interrogatories

1. 'If any such witnes shall depose of any wordes spoken by the said Bray Ailworth to or of the said Tho Temple or tending any waye to his disgrace, when and where such words were spoken, specifying the place, month and daye...and in whose presence...also lett such witnes [say] what words did immediately precede or followe such disgracefull wordes and upon what occasions they were spoken, and all other circumstances at the speaking of such wordes'

2. Did you hear that Bray Aylworth, Edward Aylworth, his father, Richard Ayleworth, father of Edward, and Anthony Ayleworth grandfather held lands in the manor of Ailworth in co. Gloucester and 'whether all and every of them, or some of them...whome were not and are not justices of the peace for the Hundred of Slaughter in Gloucs. and captains of the trained bands for foote men there; and whether they all and every of them, or some of them, were accounted esquires and soe usually termed in common speach and writings, and whether they did not sit as justices of peace at the assizes and sessions kept for the Hundred of Slaughter.'

Note attached: 'Mr Dethicke, I pray lett the witness Edward Haver produced this day by Dr Temple against Ayleworth be examined upon our interrogatories ex parte Ailworth 1o loco dta., and also upon the third interrogatory per nos dat. 2o loco.'

20 October 1634.

Signed by Thomas Eden.

9/4/54, Second set of defence interrogatories

1. Ask Christopher White 'whether he doth not knowe that Bray Aylworth hath not within 2-4 months last past... by good authoritye and by vertue of some commission... to him sufficently graunted, taken upp or taken awaye a setting dogge or setting bitch which was belonginge to Thomas Temple, or was said to have belonged to him? Whether Thomas Temple doth not or did not much stomate and storme therat'?

2. Ask White 'whether Thomas Temple did not, in or about Lent last past, come to the yard or dwelling house of Bray Aileworth in Bourton on the Water in Gloucestershire and aske White whether he would doe [sic] a message to Bray Ailworth; and White answering he would, whether Thomas Temple did not then and there saye, "Tell him if it were to the destruction of miselfe, my wife and children, I wilbe revenged of him. I canne make worke for the hangman as well as another''?

3. Ask White 'whether Thomas Temple did not, about 1 or 2 dayes after the premisses in the preceding interrogatory menconed, taking up a long pike staffe then lyeing on the ground by him into his hands, saye to Bray Ailworth, "Come lett us leave talking and doe something", Thomas Temple and Bray Ailworth having immediately before bine at lowde and angrie wordes together'?

Endorsed 7 June 1634

No signatures.

11/22c, Plaintiff depositions

Taken before commissioners Thomas Whittington, Rector of Great Rissington, and Thomas Freeman, clerk, at the town hall in Stow on the Wold.

2 October 1634

(Witness 1), Thomas Bailies of Bourton-on-the-Water, co. Gloucester, husbandman, born at Shereborne, aged 33

To Temple's libel:

2. Around September 1633 he was threshing corn in the barn of Bray Ayleworth in Bourton-on-the-Water, when Ayleworth asked him how he liked Thomas Temple. The witness answered that he liked Temple well. Then Ayleworth 'in angry manner' replied that Temple 'was an inconscionable base fellow and more fytt to keepe pigges or to be a piggard then a priest'.

Signed by Thomas Bailyes [his mark] and commissioners Whittington and Freeman.

(Witness 2), John Wolgrave of Wick Rissington, co. Gloucester, clerk, born at Bourton-on-the-Water, aged about 34

To Temple's libel:

1-2. About four years ago Ayleworth and Temple were walking upon a week day in the parish church of Bourton-on-the-Water with this witness, Benjamin Price and Henry Mayor also present, when 'divers angry words' passed between Temple and Ayleworth. Ayleworth gave Temple the lie and said 'he was as good a gentleman as any Temple in England'.

3. Within the time of the libel, he had several times seen Ayleworth and Temple 'walking *in friendly manner* together' and sometimes Ayleworth 'hath taken the right hand' of Temple.

4. Since Ayleworth was arrested at Temple's suite in this cause, this witness wrote a bond for Ayleworth to appear in this cause. In writing the bond he asked Ayleworth 'whether he would loose his title or no (as esquireshipp) to whome he answered, No, I warrant you, and thereupon this witness wrote Ayleworth in the bond esq. and then Ayleworth wrote his name upon the bond and after he sealed and delivered the same as his act and deed.'

Signed by John Wolgrove and commissioners Whittington and Freeman.

(Witness 3), Joanna Farmer of Bourton-on-the-Water, co. Gloucester, spinster, born there, aged 25

To Temple's libel:

1-2. 'About the purification of the blessed virgin Mary, last past was twelve month, this witness heard Lucy Ailworth the wife of Bray Ailworth say that her husband was a better gentleman then Thomas Temple, or his father, or any of the name of the Temples. Lucy Ailworth the daughter of the defendant about the feast day of St James the apostle last past was twelve month did say that Temple did stepp before her father and said that he was a better man then her father, but she said that her father was a better man then Temple and shall take place of him in any ground in England.'

Signed by Joanna Farmer [her mark] and commissioners Whittington and Freeman.

(Witness 4), Henry White of Bourton-on-the-Water, co. Gloucester, yeoman, born at Burton Dassett, co. Warwick, aged 25

To Temple's libel:

1-5. 'Thomas Temple is a doctor of the civill lawe, and is the naturall and lawfull sonne of Thomas Temple, knight and barronett. Within the space of these two yeares last this witness hath two severall tymes seene Bray Ailworth take the place of Temple and gone on the upper hand above him.'

Signed by Henry White and commissioners Whittington and Freeman.

(Witness 5), John Stephens of co. Gloucester, notary public, born at Ombersley, co. Worcester, aged about 37

To Temple's libel:

1-5. In June or July 1633 he saw Ayleworth's wife, Lucy, with Dr Temple and his wife, walking in the field behind Temple's house at Bourton-on-the-Water. He then saw Bray Ayleworth approach and meet the Temples 'in a resolute and sterne posture, *moving neither hat nor tongue*, passing close to Dr Temple and keeping the way on the hedge or wall by causing Temple to treade with one of his feet out of the way being to narrow to give Ayleworth place. Mrs Temple did wholly leave the way the same time to Ayleworth which he took.'

Signed by John Stephens and commissioners Whittington and Freeman.

(Witness 6), Joanna Collyer, wife of Thomas Collyer of Bourton-on-the-Water, co. Gloucester, born there, aged about 40

To Temple's libel:

1-2. In June or July 1633 Bray Ayleworth and Thomas Temple were in a field in Bourton-on-the-Water 'striving and struggling together in very angry and forward manner'. Temple, 'loosing his capp of his heade', demanded Ayleworth return it. Ayleworth replied, 'I scorne thy cap thou base fellow'. Then Temple charged Ayleworth with having given him the lie twenty times. Then Ayleworth replied, 'Thou lyest or it is a lye', which words were spoken 'in angry manner' in the presence of this witness, Temple's wife Susan, and Ayleworth's servant, Thomas Smith'.

Signed by Joanna Collyer [her mark] and commissioners Whittington and Freeman.

(Witness 7), Henry Prowse of Lower Slaughter, co. Gloucester, gent, born at Farthorpe, co. Lincoln, aged about 25

To Temple's libel:

1. He knew that Thomas Temple 'hath been a doctor of civill lawe ever since the Act at Oxford last past was twelve month, for that he did wayte upon him at the Act'. Temple was 'the naturall sonne of Sir Thomas Temple knight and barronett'.

2. In June or July 1633 ill words passed between Bray Ayleworth and Thomas Temple in Bourton-on-the-Water.Ayleworth gave Temple the lie and called him a base fellow in the presence of this witness, Joane Collyer and others.

3. Just before Ayleworth spoke these words, Temple departed from Ayleworth and went along a narrow foot path in a field in the parish with space for only one to pass.

Ayleworth saw Temple go this way, and so he went a nearer way to meet Temple. There both men strove for the way 'insomuch that in struggling and striving together' Ayleworth and Temple 'fell downe to the ground together.'

Signed by Henry Prowse and commissioners Whittington and Freeman.

(Witness 8), William Penfield alias Addames of Bourton-on-the-Water, co. Gloucester, born at Lower Slaughter, aged about 48

To Temple's libel:

1. As witness 7.

2-3. In June or July 1633 Bray Ayleworth met Thomas Temple in the field behind Temple's house. John Stephens, Temple's wife and son Susan and Thomas and this witness were all present, and saw Ayleworth 'take the way of the plaintiff.'

Signed by William Addames and commissioners Whittington and Freeman.

11/22d, Notary public's certificate

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

Dated 4 October 1634.

Notary's mark.

Defendant's case

Acta (5), fo. 362, Defence

'Thomas Temple goeing alonge (the time and place aforesaid) in a foot path through a corne field in a ground called the new enclosure, Bray Ailworth goeing before Thomas Temple in the path, Thomas Temple came behinde him, close to him, and catched hold of the haire of his head and pulled him downe, and tore of[f] much of the haire from his head, and hurt one of his eies with his fist, and kept him downe holdinge him by the haire and by the face. And being pulled of[f] from him, went to his servant Henry Prowse (who was then neare unto him) and laying hold of the hilt of Henryes sword would have drawne it; but Henry with much adoe kept him from drawing it, whereupon he stroke Henry on the face with his fist. And then and there Thomas Temple challenged Bray Ailworth to fight with him, and asked him whie he would runn awaye, and badd him turne againe, that they might fight it out; and at the same time and place Thomas Temple telled Bray Ailworth he was noe gentleman, but the sonne of an abbots bailiffe.'

Signed by Thomas Eden.

[Overleaf]

Dated 13 November 1634

R.19, fo. 12r, Summary of defence

'Bray Ayleworth, defendant, by way of exception and other lawfull wayes to the libel of Thomas Temple doctor of lawes, sayes that he is an esquire, and so at this time had commonly reputed; and as to the words suggested in the libel, he denies them, and sayes that if any such words were spoke, (which he does not confesse), Temple had greatly provoked him thereto, vizt, that Aylesworth walking in a path through a cornefield, Temple came behind him and catched hold of his haire and pulled him to the ground, and tore much of his haire, and hurte one of his eyes with his fist andc. Prayes to have justice and c.'

1634

No signature.

Acta (5), fo. 362a, Letters commissory for the defendant

Commissioners Anthony Hodges, William Hill, Charles Holt and Charles Trinder, gents., and also John and Leonard Chamberlayne, gents, John Wade, clerk and William Chadwell, gent, for words against the grade and dignity of Thomas Temple, Doctor of Law.

To meet in the Crown Inn at Stow, co. Gloucester, from 18 to 20 December 1634.

Gilbert Dethick assigned Humphrey Terrick as notary public.

Dated 13 November 1634.

Signed by Gilbert Dethick.

Acta (5), fo. 345, Plaintiff's interrogatories

1. Was Ayleworth's father still alive or when did he die? Was Dr Temple son of Sir Thomas Temple, knt. and bart., and was he a Dr of Law?Had Temple's ancestors 'not bin gentlemen for many generations, and divers of them knights and soe comonlie accompted as he doth know, hath heard, or believeth'?

2. Before the scuffle, did Ayleworth give Dr Temple 'manie uncivill provokinge and dareing words', saying, 'Thou lyest, thou art a base fellow; and that he was better then himselfe or any Temple in England, that he would mainteine it with his bloud against any Temple in England. And that he was a villaine, and that Dr Temple durst not doe noething like a man, but like a coward with a knife or a pistol'? What other words did he hear Ayleworth use to Temple, and when and where'?

3. Was he present in the field where Temple and Ayleworth met about parting of hay? Did Ayleworth use such words as above to Dr Temple? Did Dr Temple immediately after depart 'peaceably and quietlie' towards the mill where Dr Temple's wife and horses waited for him to begin their journey to Gloucester? Did Temple then have 'noe weapon about him, but had on a cloath cloake thick lined, with a cassock over his doublet and hose girt fast about him, and gloves on his hands and thick riding bootes'? Was Ayleworth 'then in a thin sute without any manner of cumbrances about him'? 'Was not the pathway where Dr Temple went towards the mill betweene the corne soe narrow that two men could not walke therein side by side together? And did not Bray Ayleworth then leave a direct way towards his owne house and crosse through the high standing corne where noe path was in great haste to get into the path where Dr Temple was then walking on his way, on purpose to take place and goe before Dr Temple'?

4. Did Ayleworth 'imediatley after he came into the path begin first to jostle, and layed hands on, and strived with Dr Temple that made him reele almost to the ground. And did he not pull Dr Temple his cappe of[f] from his head, and indeavoured to pull him by the haire of his head, and did not Bray strike, or indeavour to strike, Dr Temple with his hand or fist whiles Thomas Smith and Henry Prowse held Dr Temple'?

5. When Ayleworth was struck in the eye or face, while struggling with Dr Temple, did Ayleworth 'receave such stroake by chance with the hilt or pumell of Henry Prowse his sword who stept in betweene them as they were struggling together, or some other mischance in the corne'?

6. When Dr Temple reached for Prowse's sword, 'was it not to defend himselfe from a Pitchforke which a servant of Bray Ayleworth had in his hand or by him'? Did Dr Temple's wife and Bray Ayleworth's servant 'strive together about the Pitchforke, she fearing some hurt might be done therewith, which caused Dr Temple to call for the sword for the intent and purpose aforesaid and did not Dr Temple declare soemuch then presently'?

7. Did Dr Temple 'bid Bray Ayleworth turne againe being goeing from him at the time aforesaid'? When 'his cappe was pulled of[f]', did Temple say, 'What will thou run away with my cappe, turne againe; and did not Dr Temple then declare soe much that he had lost his cappe and that he would have Bray Ayleworth turne againe and deliver it'?

8. Did 'Bray Ayleworth immediately after the premises at the time and place walke aside and speake to Dr Temple in private'? Soon after, did Bray Ayleworth 'speake to his servant one Smith, or some other then present, to goe home and fetch him his sword saying that he would meet Dr Temple at Gloucester (whether he was rideing) or fight with him there'? Did 'Bray Ayleworth take his horse and ride after him, the same evening to Gloucester? And did not Dr Temple (to avoide meeting with Bray Ayleworth lodge in a private house at Gloucester, saying that he would not meet the Bray Ayleworth on any tearmes'?

9. Was the witness a servant, dependant or kinsman to Ayleworth?

10. When Dr Temple and Bray Ayleworth had their difference the day they went to Gloucester, about the later end of July, did not 'Thomas Smith declare unto Temple that Temple was in the pathway before Ayleworth and that he did not see who first did strive or stroke any blowe before they were both downe together; neither did see any blow given on either side, and did not Thomas Smith speake these words unto Dr Temple in the court neere the place where the sheriffe kept his house'?

11. Did the witness 'heare Mr Ayleworth or his wife say that Doctor Temple was a base fellow, and fitter to keepe pigges then to bee a priest; or what other disgracefull words have you heard both or either of them speake to the disgrace of his bloode, gentry, calling, person or reputation'? 'Have not they, or either of them, animated you, or you them against Dr Temple'? 'Or have they not, or either of them, wished or appointed you, to goe up and downe, and hearken what you could out of people's mouthes to prejudice the doctor; or have you done it of your own accord, or is your memory stronger to retaine anythinge in the behalfe of Bray Ayleworth then of Dr Temple'?

12. Had 'Bray Ayleworth and his wife borne malice to Dr Temple a long time, and have they not forbidden and declared unto you that you, nor none of your friends, children, or servants, should associate or have familiarity with Doctor Temple though he be the priest and pastor of the towne'? 'Have they not alsoe forbidden you, or any of their servants, to resort to Dr Temple's house, or come to be instructed or catechized by him? Hath not Bray Ayleworth, or Lucie his wife, perswaded or moved you to sweare against Dr Temple, and in what words did they or either of them declare unto you what an odious man Dr Temple was, and that they would be revenged of the Doctor? Did they not likewise say that they should see him come to a miserable end, and that it had been happy for him if Sir William Andrews had killed him, for they did not doubt to see him have a worse end, or what words did they, or either of them say to that effect'?

[Overleaf]

Introduced 24 January 1635.

Acta (5), fo. 347r-v, Preamble to the defence depositions

Taken before commissioners Anthony Hodge, William Hill and John Wade, clerk, on 18 December 1634 in the Crown Inn at Stow, co. Gloucester, with Humphrey Terrick as notary public.

Acta (5), fos. 349r-361r, Defence depositions

18 December 1634

fos. 349r-350v (Witness 1), John Wolgrave of Wick Rissington, co. Gloucester, clerk, born at Bourton-on-the-Water, had known Ayleworth of 20 years and Temple for 5 years, aged about 34

To Ayleworth's defence:

1. He had known 'Mr Bray Ayleworth to be reputed an esquire in the parishe of Burton on the Water, and other places adjoining for these five and sixe yeares last'. He was at London 'in Trinitie Terme last at the Office of Armes sawe Sir John Burrough, knight, principall King of Armes, write and enter Mr Ailworth esquire. And he likewise sawe two severall patents from two severall earles wherein Mr Ailworth was stiled esquire'.

2. 'He cannot depose.'

3. 'Henry Prowse tolde him, about July was twelvemonth in Burton field, that Mr Doctor Temple and Mr Ailworth fell out in Burton field in Mr Ailworth's ground about a week before, and that Dr Temple stroke Prowse because Prowse would not deliver him his sworde; and that Dr Temple did kicke at him and wrestle with him for his sworde'. Prowse also said that 'Dr Temple would have him have said that Mr Ailworth stroke first, but Prowse said to this witness that he could not say soe because he would speake the truth when he was called, and had a soule to save aswell as Mr Dr Temple, his master, or Mr Ailworth'. About half a year ago in Slaughter field, Prowse told him that Mr Ayleworth 'being in Burton field in a ground of Mr Ailworth's about July 1633 in a foot pathe of the field, Dr Temple comeing behind stroke Mr Ailworth with his fist in the necke and also in the ham of his legg with Dr Temple's legg, and that thereupon they both fell to the ground. At which tyme this witness told Prowse that it was reported by him that Mr Ailworth stroke first, to which Prowse replied, that at a feast at his then master's house, Dr Temple said to him, Prowse is it not soe, and Prowse said...because he would not give his master the lye...when out of the roome silent....'[damaged] 'Dr Temple in Little Rissington in the county of Gloucester, about the beginning of this suite, told this witness that Mr Ailworth was the sonne of an abbott's bailiffe and that he would prove and that he had the leger booke in his pocket.'

Signed by John Wolgrove and by the three commissioners.

fos. 351r-v (Witness 2), Thomas Smith of Sherborne, co. Gloucester, husbandman, had known Ayleworth for 7 years and Temple for 2 years, aged about 21

To Ayleworth's defence:

3. He was in the ground called the new enclosure making hay in July 1633 when Dr Temple, 'goeing in the pathe or footeway in the enclosure, Mr Ailworth stepping in the same pathes and goeing before Dr Temple, Dr Temple comeing after Mr Ailworth; and soe soone as he came to Mr Ailworth Dr Temple stroke Mr Ailworth behinde on the necke with his fist, and tooke Mr Ailworth by the haire on the head, and then they both fell to the ground, Dr Temple falling on Mr Ailworth. Dr Temple did then tear of[f] some of Mr Ailworth's haire from his head, and held Mr Ailworth to the ground by his haire, and hurt one of Mr Ailworth's eyes that he was in danger to lose it. Being pulled of[f] from Mr Ailworth by this witness the Dr, rising from the grounde, repaired to Henry Prowse his servant being present and laid hold of Prowse's sword and would have drawne it, which Prowse resisting his master, Dr Temple struck Prowse on the face with his fist; and afterwards Mr Ailworth goeing away, Dr Temple called after him and asked him whether he would runne away or not. To the rest of the articles he is not examined by direction of Ayleworth.'

Signed by Thomas Smith and by the three commissioners.

fos. 352r-v (Witness 3), Richard Ayleworth of Bourton-on-the-Water, co. Gloucester, gent, had known Ayleworth of 14 years and Temple for 5 years, aged about 20

To Ayleworth's defence:

3. He was in a field called the new enclosure in July 1633 the same day as Mr Ayleworth was hurt, when 'in a lane neere adjoining to the grounde there being a lowe hedge between him and Dr Temple', he saw Dr Temple strike Henry Prowse his servant about the head, and heard him say to Prowse, 'Thou hast undone me, or thou art my undoeing'. Before last harvest at Lower Slaughter, Prowse told him that 'Dr Temple did put it to him to sweare that Mr Ailworth did hit Dr Temple first on his skirt, which Henry Prowse then affirmed that he would not stand to if his oath were taken soe already in the High Commission Court. And further he cannot depose.'

Signed by Richard Ayleworth and by the three commissioners.

fos. 352v-353v (Witness 4), Henry Prowse of Lower Slaughter, co. Gloucester, gent, born at Farthorpe, co. Lincoln, aged about 25 (had already testified for Temple)

To Ayleworth's defence:

3. He was waiting on Dr Temple in a ground, 'some of it being sowed with corne and some grasse, scituate neere Bourton-on-the-Water', 'about the latter ende of July' 1633, when he saw Dr Temple 'walking thorough the field in a narrowe foot pathe going towards his wife and horses that were at the stile of the field'. He also saw Mr Ayleworth approaching the path on which Dr Temple walked.When Ayleworth and Temple met, Temple said, 'Mr Ailworth by your leave, Sir you shall not put me out of my way, I will keepe my way'. Then Ayleworth and Temple began 'striving together for the way', Ayleworth '*laying hands on Dr Temple's coate and,* having almost josseled Dr Temple out of his way, Dr Temple threw his Arme about Mr Ailworth's necke and drew him downe to the ground *with him; and then this witness coming to them sawe* their hands in each others haire of their head and being parted by this witness and one Thomas Smith, Dr Temple riseing from the ground came to this witness and would have drawne this witness's sworde; and being resisted by this witness, Dr Temple did thereupon strike him on the face with his fist, saying, 'Wilt thou see my wife dragged on the ground, *she being then striving with Mr Ailworth's man*'. Afterwards Dr Temple called to Mr Ayleworth, who was leaving, and said, 'Dost thou think thou shalt runne away with my capp. Deliver me my capp againe'. Dr Temple then told Mr Ayleworth 'that he was as good a man as himselfe for that Mr Ailworth his grandfather or great grandfather was but a baily, or understeward, to the Abbot of Winchcombe'.

Signed by Henry Prowse and by the three commissioners.

fos. 353v-354r (Witness 5), Joana Collier, wife of Thomas Collier of Bouton-on-the-Water, co. Gloucester, miller, she had known Ayleworth since her birth and Temple for 5 years, aged about 40

To Ayleworth's defence:

3. She was in the new enclosure in July 1633 when she saw Mr Ayleworth and Dr Temple upon the ground. When both rose she heard Dr Temple ask Mr Ayleworth for his cap. Ayleworth replied, 'I have none of your capp, I scorne your capp, base fellowe'. Dr Temple said, 'You have given me the lye twentie tymes and that your man shall witness Mr Ailworth said that it was a lie'. As Ayleworth departed, Dr Temple called after him, 'Let me have my capp. Wilt thou runne away. Stay let us ende it here'. To the rest of the articles she was not examined by consent of Ayleworth.

Signed by Joana Collier [her mark] and by the three commissioners.

fos. 354r-v (Witness 6), Lucy Ayleworth of Bourton on the Water, co. Gloucester, spinster, had lived there 7 years, and before that at Great Rissington, she had known Ayleworth for 14 years and Temple for 3 years, aged about 19

To Ayleworth's defence:

3. In July 1633 she met Mrs Susan Temple in Bourton-on-the-Water, the same day on which Mr Ayleworth was hurt in his eye. She said to Mrs Temple that Mr Ayleworth her father was hurt in his eye by Dr Temple. Mrs Temple answered that she saw her husband strike Mr Ayleworth 'a little blow in the necke'. Mrs Temple added 'that her husband wished her that morning not to come after him, but she said she went after him mistrustinge what would be, though he gave her a great chardge to the contrary, and was very angry and ready to strike her when he saw that she was come to him'. Also, 'Goodwife Collier came to her mother to desire her to keepe in Mr Ailworth, for that Dr Temple lay in waight for him as she said and further she cannot depose.'

Signed by Lucy Ayleworth and by commissioners Wade and Hodges.

fos. 354v-355r (Witness 7), Mary Neighbor, wife of John Neighbor of Shenington, co. Oxford, yeoman, residing at Bourton-on-the-Water, co. Gloucester, and before that at Little Milton, co. Oxford, and born at Northleach, co. Gloucester, she had known Ayleworth for 2 years and Temple since last year, aged about 22

To Ayleworth's defence:

3. She was Mr Ayleworth's household servant in July 1633 when she saw Mr Ayleworth come home 'with one of his eyes hurt, his doublet bloody, his face scratched and some of his haire <hanging loose> pulled of[f] his head. Thomas Smith and Joane Collier came into Mr Ailworth's house and certified her masters how it was done. And further she cannot depose.'

Signed by Mary Neighbor [her mark] and by commissioners Wade and Hodges.

fos. 355r-v (Witness 8), Thomas Ayleworth of Ayleworth, co. Gloucester, gent, born there aged about 30, had known Ayleworth for all the time of his memory and Temple for 4 or 5 years

To Ayleworth's defence:

3. 'Mr Ailworth told this witness that in July 1633 Dr Temple challenged him to fight with him and that Dr Temple had hurt his eye which was then very sore of this witness's knowledge soe that he could not take any rest the night following the hurt.And further he cannot depose.'

Signed by Thomas Ayleworth and by the three commissioners.

fos. 355v-356r, (Witness 5), Joana Collier

To Temple's interrogatories:

2. 'After Mr Ailworth and Dr Temple were risen from the grounde Mr Ailworth used the words <formerly>*now* by her deposed and more she cannot depose'.

6. 'The wife of Temple and Mr Ailworth's servant did strive together about a pitchfork and this witness did helpe Mrs Temple to keepe Mr Ailworth's man's pitchforke from him fearinge that there might be hurt done therewith. And further she cannot depose.'

7. She heard Dr Temple say to Mr Ayleworth, 'Wilt thou runne away'. Ayleworth replied 'I scorne to runne from you'. Dr Temple said 'let me have my capp, and let us ende it before we goe'. And further she cannot depose.'

Signed by Joane Collier [her mark] and by commissioners Wade and Hodges.

fos. 356r-357v, (Witness 2), Thomas Smith

To Temple's interrogatories:

1. He had seen 'Mr Ailworth's father about a quarter of a yeare since and therefore beleeveth he is living. He hath heard and beleeveth that Dr Temple is a gent.'

2. In July 1633 'there was a struggle betweene Dr Temple and Mr Ailworth. And further he cannot depose.'

3. He was present at the struggle between Dr Temple and Mr Ayleworth. Temple went away 'peaceable and quietlie towards the mill', with 'a staffe in his hande, and that he had a girdle about and bootes on his leggs'. 'Mr Ailworth was then in a thinne stuffe suite without any other cumbrance or weapon, upon him. And that Mr Ailworth went forth of his corne <the direct way to his owne house> to the way wherein Dr Temple was and when he was almost at Dr Temple, Mr Ailworth left the way and went into the corne and stept out of the corne before Dr Temple into the way. And further he cannot depose.'

5. 'He was present when Mr Ailworth received a hurt by Dr Temple his hand, as he and Mr Ailworth fell to the grounde, and not by Prowse his sword. And further he cannot depose.'

6. 'Dr Temple did step to Prowse and would have drawne his sworde, to mischeeve [Smith] or Mr Ailworth as he beleeveth.' [Smith] 'did strive to take his pitchforke from Mrs Temple and did take it from her. And further he cannot depose.'

7. 'Dr Temple did aske Mr Ailworth whether he would runne away, and also asked Mr Ailworth for his capp, and Mr Ailworth replied he had none of it.'

8. 'Dr Temple and Mr Ailworth went into the lane and talked in private at the same tyme. And that Mr Ailworth rode to Gloucester the same night being determined to ride thither in the morning before.'

9. 'He hath been heretofore Mr Ailworth's servant.'

10. There was a difference between the parties on the day they rode to Gloucester. The witness told Dr Temple that Dr Temple was in the path before Mr Ayleworth was in the path.

12. 'He cannot depose saving that Dr Temple is priest and pastor of the Towne.'

Signed by Thomas Smith and by commissioners Wade and Hodges.

fos. 357v-358r (Witness 6), Lucy Ayleworth

To Temple's interrogatories:

1. 'The father of Mr Aylworth is alive; and that Dr Temple is reputed to be the sonne of Sir Thomas Temple, kt. and baronet; and that he is reputed to be a Dr of the Lawe; and that his ancestors have been gent. for many generations for anything she knows; and that some of his bloodname have been knights as she hath heard.'

9. 'She is the naturall and lawfull daughter of Mr Ailworth.'

2, 10-12. 'She saith she cannot depose.'

Signed by Lucie Aylworth [her mark] and by commissioners Wade and Hodges.

fo. 358r (Witness 7), Mary Neighbour

To Temple's interrogatories:

3. 'She hath bene servant to Mr Ailworth.'

2, 10-12. As witness 6.

'To the rest she is not examined by consent.'

Signed by Marie Neighbor [her mark] and by commissioners Wade and Hodges.

fos.358r-v (Witness 8), Thomas Ayleworth

To Temple's interrogatories:

1. Bray Ayleworth's father was alive. He had heard Dr Temple was 'the sonne of Sir Tho. Temple, kt. and baronet and Dr of Lawe, and that Sir Tho. Temple and his sonnes have been knights.'

9. He was 'the naturall and lawfull brother of Mr Bray Ailworth.'

Signed by Thomas Ailworth and by commissioners Wade and Hodges.

fos.358v-359r (Witness 3), Richard Ayleworth

To Temple's interrogatories:

1. Bray Ayleworth's father was alive. Dr Temple was the son of Sir Thomas Temple knt and bart, and a Dr of Law.

9. He was 'the naturall and lawfull sonne of Mr Ailworth.'

11. 'He hath heard his father say that the first patent granted to theis Temples to beare armes was made in the yeare 1593. He hath also heard *his father or mother, or one of them*, say that the Dr preacheth very seldome or words to that effect. And for these words, whether have you heard Mr Ailworth or Mrs Ailworth both or either of them speake to the disgrace of Dr Temples reputation, he answereth that he conceaveth he is not bound by lawe to answere to.'

12. He had heard them 'say that Dr Temple did not well in lodging bailiffes in his house to arrest his father at an other man's suite. And saving that he hath heard them or one of them say that if Dr Temple were guiltie of those things he stood chardged with, God's judgements would light on him or words to that effect.'

Signed by Rich: Ailworth and by commissioners Wade and Hodges.

fo.359r (Witness 1), John Wolgrave

To Temple's interrogatories:

1. As witness 3.

11. 'Once by Mrs Ailworth's appointment he went to Henry Prowse to warne what he could say concerning the quarrel betweene the parties that was in July 1633.'

Signed by John Wolgrave and by commissioners Wade and Hodges.

fos.359r-361r (Witness 4), Henry Prowse

To Temple's interrogatories:

1. As witness 6.

2. There was a struggle between Temple and Ayleworth one morning near the end of July 1633 in a ground called the new enclosure. Before the struggle he heard Ayleworth say to Temple, 'Thou lyest'. After the struggle he 'heard noe ill words from the parties as he now remembreth.'

3. He was present when Dr Temple and Mr Ayleworth 'were in the field parting of hay and that after speech betweene them about the hay, Temple did departe from Mr Ailworth peaceablie and quietlie and went presently on his way towards the mill where Dr Temple's wife and horses staid for him, he being then cloathed...and being to take his journey to Gloucester'. The pathway Dr Temple took went between the corn, and was so narrow that two men could not walk side by side. Ayleworth 'did crosse through the high standing corne where noe pathe was, in greate haste, and left the nearest way that he might have gone to his owne house; and he verily beleeveth he did soe on purpose to get into the pathe where Dr Temple was and to goe before him.'

4. 'Mr Ailworth beganne first *to jostle and* put Dr Temple out of the pathe and that Mr Ailworth did lay hands on <his coate> the garment of Dr Temple and made him reele almost to the ground and put one of the Dr's feet out of the path; and Mr Ailworth did then pull of[f] the Dr's capp o[f] his head, and that Mr Ailworth did then endeavor to pull <of the haire from his the>*and did pull* Dr Temple by the haire of the head.'

6. 'Dr Temple would have taken this witness's sworde from him to defend himselfe, as Dr Temple said at the tyme and place, from a pitchforke which Thomas Smith a servant of Mr Ailworth had in his hand. And Mrs Temple and Tho. Smith did strive together about the pitchforke.'

7. 'Mr Ailworth being going from Dr Temple, Dr Temple said to him 'dust thincke thou shalt runne away with my capp, I will have my capp.'

8. 'After the premises by him deposed at the same tyme and place the parties did walke a side and did speake together in private and that Dr Temple did that night lodge at a private house in Gloucester, because, as he said, he would not meet Mr Ailworth upon no termes.'

10. 'On the morrow after Dr Temple came to Gloucester Tho. Smith did *in a court in Gloucester neere the then sheriff's house* declare to Dr Temple and this witness that Dr Temple was in the path way before Mr Ailworth came to the pathe; and he then alsoe said that Smith sawe no blowes, but did see the parties both downe together.'

11. 'That <he hath heard Mr Ailworth say he Dr Temple was a gen> Mrs Ailworth hath used such words to him that he did thereby judge she would have animated him against Dr Temple.'

12. 'Upon a conference betweene Mrs Ailworth and this witness about the hurt done by Sir William Andrewes on Dr Temple, she said she doubted not but that Dr Temple would come to a worse ende.'

Signed by Henry Prowse and by commissioners Wade and Hodges.

Acta (5), fo. 348r, Notary public's certificate

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

No date.

Notary's mark.

Sentence / Arbitration

9/4/16, Affidavit

'Ayleworth maketh oath that by order of the 22 April out of the honourable court of Star Chamber a commission is to bee executed betweene Temple and Ayleworth and others wch is apoynted to bee at Stowe, co. Gloucs on 4 May next, wch doth concerne this deponent even to the value of his estate, by reason whereof and for other important occasions this deponent is inforced to goe downe unto Gloucs.'

Sworn 24 April 1635.

Signed by Jo. Aylett.

9/4/17, Defendant's petition

Petition by Ayleworth, endorsed 2 May 1635.

'Whereas Dr Temple doth question your petitioner touching his gentility, and alsoe concerninge certeyne scandalous words by him alleadged to bee spoken by your petitioner, betweene whome and Dr Temple there are crosse bills dependinge in the honourable court of Star Chamber of extraordinary consequence. And your petitioner hath there proved that the Dr., contrary to his calling and degree did challenge to fight with your petitioner, which for his profession sake your petitioner refused, whereupon the Dr. did assault your petitioner being alone and unarmed, and did throw him upon the ground, beate him upon the face and tore the hair of his head; and was tould by his counsell learned that it was not fitt to prove these things in the Court of Honour, wherby the Dr might have notice of it before publicacon, but that your honnors would be pleased to admitt of these proofes at the hearing of the cause, whereby will appeare how infinitely your petitioner was provoked and abused by the Dr.

The premises considered, your petitioner humbly prayes that he may not bee surprised, but that you will be honorably pleased eyther to allow of these deposicons taken in the Star Chamber and now published, or else to grant leave and time to your petner to make the same proofe before your honor, and to that end, and for the reasons in the affidavit annexed menconed, to defer the sentencing of the cause untill the next terme.'

Order that 'upon the affidavit let this cause be stayed till the next terme that Mr Ayleworth may have time to examine witnesses.'

Arundel House, 1 May 1635.

Signed by Arundel and Surrey.

EM45, Defendant's petition

'The truth of the case betweene Thomas Temple Clark Doctor of Lawe, and Captaine Ayleworth'

1. The Doctor proveth two things against Mr Ayleworth that he gave him the lye.

The answere of it

It was upon this occasion the doctor tould Mr Ayleworth That he was noe gentleman but the sonne of an abbott's bayliffe.

Next the words are proved to be spoken three yeares since, and the custom of the court is not to punish any wordes spoken above a yeare before the suite commenced and soe by the custom of the court that is not considerable had there beene no such provocation.

2. The second offence is that Mr Ayleworth should call the doctor villaine but most of the witnesses say it was don like a villaine to come behind a man and strike him.

The answere of it

The doctor did come behind Captaine Ayleworth, and stroke him which did justly occasion him to speake the wordes, and might well have occasioned further mischiefe (respect being had to his profession being a Captaine).

Now because there are worse bills in the Starrchamber between Captaine Ayleworth and the doctor, of extraordinary consequence, and amongst other things against the doctor for striking and wounding Mr Ayleworth; and both causes assigned peremptorily to be heard the next tearme, Mr Ayleworth humbly desires the sentencing of this cause may be respited until then, the rather for that he hath proofe against the doctor in the Starrchamber for sundry abuses and provocacons, in hope the proof there made, should be used in the Court of Honour, which my Lord Marshall conceiveth not fitt to allow.

Or, if my Lord will not longer defer the cause, his honour may heare the proofes and then be pleased to suspend his judgment until the next tearme that the Starrchamber causes be heard; and then if Mr Ayleworth doth not quit himselfe like a gentleman he will consent to pay the doctor double costs.

These are humbly desired not doubting the merit of the cause, but for feare least a sentence in this court (though never soe light) would be very prejudiciall to the Starrchamber causes, and give the doctor cause much to insult and brag of victory being himself the only wrong doer, whereof it is hoped his lordship according to his accustomed goodness to gentlemen of ranke wilbe very sensible.'

No date.

No signatures.

9/4/47, Plaintiff's sentence

Sentence given on behalf of Temple at 20 nobles damages and £15 costs.

Endorsed 20 June 1635

9/4/46, Plaintiff's bill of costs

Easter term, 1634: £5-11s-8d

Trinity term, 1634: £13-5s-0d

Vacation: £11-10s-0d

Michaelmas term, 1634: £4-13s-4d

Vacation: £7-0s-0d

Hilary term, 1634: £5-15s-0d

Easter term, 1635: £10-13s-2d

Trinity term, 1635: £10-1s-8d

Total: £67-1s-8d

No date.

Signed by Arthur Duck.

7/93, Receipt for books

'I pray Mr Dethicke deliver the leger booke to this bearer; a verdict this assisse at Gloucester depends upon it.

Your assured friend Tho. Temple'.

[Overleaf]

'Received the book within written, 1 July 1635, Edmund Merricke.

And also certayne bookes of Dr Temple's against Mr Ayleworth, Edmund Merricke.'

10/10/2, Defendant's petition

'Humbly shewing unto your good lordship that whereas it pleased your honour this last terme to order your petitioner to pay to Dr Temple xvli for costs, and vili xiiis iiiid for damages your petitioner in all obedience to your lordship's order did duely pay the same. And forasmuch as 2 severall causes by way of crosse bills are appointed peremptorily to be heard in the Starrchamber the 20 day of November next betweene your petitioner and Dr. Temple, of extraordinary consequence, for which your petitioner is making preparacon for his lawfull defence. And doth humbly beseech your honor to be pleased to dispence with his appearance or any further proceedings in the cause depending before your lordship until the causes be heard in the Starrchamber, where your honor as a judge shall fully understand the truth of all things. And then your petitioner will in all humility conforme himself to anything your honor shall enjoyne him and ever pray for your lordships health with increase of much happiness.'

Dated 20 October 1635.

No signatures.

Summary of proceedings

Dr Duck acted as counsel for Temple and Dr Eden for Ayleworth. On 24 May 1634 the court noted that Ayleworth's scandalous words against Temple had been calling 'him base fellow', and 'himselfe a better gent than any of the Temples in England'. Ayleworth had said he would 'mayntayne it with his blood against him or any Temple in England', saying that Temple 'durst doe nothing but with a knife or pistol'. On 7 June 1634 Dr Temple was granted process against Ayleworth, who was summoned to answer. Temple presented his libel and produced as witnesses in support of it Richard Marshall, Henry Mayor and Christopher White. On behalf of Dr Temple Dr Duck also procured a decree for the appearance of John Woolgrave, Henry Prouse and one Sclatter. Ayleworth in support of his claim to the title of esquire showed that he had been a captain in the trained bands for Gloucestershire, under the auspices of the earl of Northampton. Then Ayleworth took out bond for £40 to appear at the next court day and pay such damages and submit himself to the court. The libel was given again on 30 June 1634. Three witnesses were examined upon the libel and Dr Temple had leave to produce more if he desired. Mr Ayleworth was required to plead his defence. On 24 January 1635 Ayleworth was required to transmit the commission. The court prepared to move towards sentence on 9 May when Ayleworth was expected to appear, and on 20 June 1635.

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. 7.

Thomas Temple LL.D., a civil lawyer, was the third son of Sir Thomas Temple of Barton Dasset, co. Warwick, and Stowe, co. Buckingham, knt and bart, and Hester, daughter of Miles Sandys of Latimer, co. Buckingham, esq, clerk of the crown. He became a royalist officer in the civil wars and was created a baronet of Nova Scotia in 1662.

W. H. Rylands (ed.), The Visitation of the County of Buckingham made in 1634 (Publications of the Harleian Society, 53, 1909), p. 115; P.R. Newman, Royalist officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 368: B.P.Levack, The Civil Lawyers in England 1603-1641 (Oxford, 1973), p.275.

Bray Ayleworth was the son of Edward Ayleworth of Ayleworth, esq, and Anne, daughter of Edmund Bray of Barrington, co. Oxford. Bray Ayleworth married Lucy, daughter of Sir Paul Tracy of Stanway, co. Gloucester, knt and bart. He was appointed to the commission of the peace for co. Gloucester in July 1633.

J. Maclean and W. C. Heane (eds.), The Visitation of the County of Gloucester, 1623 (Publications of the Harleian Society, 21, 1885), pp. 7-8; J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-40 (List and Index Society, special series, 34, 2004), part 1, p. 68.

Temple's clash with Sir William Andrewes of Lathbury, co. Buckingham, who had married his sister Ann and had quarreled with Temple over an unspecified matter which had been settled by the Earl Marshal in 1621-2, was outlined in Temple's petition to the privy council on 21 November 1634. Andrewes, who had been trying to provoke him into fighting a duel for years, chased him into the fields near Lincoln's Inn and assaulted him with his stiletto. He would have killed him had not some bystanders intervened. Sir William was bound over by a justice to keep the peace. The matter was dealt with in council, although Windebanke's note does not say how.

CSP Dom. 1634-5 , pp. 298, 378.

The Star Chamber cases of Thomas Temple v Bray Ayleworth and others for conspiracy to accuse him of committing adultery with Mary Toms, wife of John Toms, the parish clerk at Bourton-on-the-Water, and Bray Ayleworth v Thomas Temple and others for assault, were being heard 20, 25, 27 November 1635 and 27 January 1636, but there is no record of the verdict.

CSP Dom. 1635 , pp. 491, 503, 505; CSP Dom. 1635-6 , p. 192.

Documents

  • Initial proceedings
    • Libel: 11/22a (7 Jun 1634)
    • Summary of libel: R.19, fo. 22r (1634)
  • Plaintiff's case
    • Nomination of commissioners: 9/4/74 (no date)
    • Letters commissory for the plaintiff: 11/22b (30 Jun 1634)
    • First set of defence interrogatories: 9/4/57 (20 Oct 1634)
    • Second set of defence interrogatories: 9/4/54 (7 Jun 1634)
    • Plaintiff depositions: 11/22c (2 Oct 1634)
    • Notary public's certificate: 11/22d (4 Oct 1634)
  • Defendant's case
    • Defence: Acta (5), fo. 362 (13 Nov 1634)
    • Summary of defence: R.19, fo. 12r (1634)
    • Letters commissory for the defence: Acta (5), fo. 362a (13 Nov 1634)
    • Plaintiff interrogatories: Acta (5), fo. 345 (24 Jan 1635)
    • Preamble to defence depositions: Acta (5), fo. 347 (18 Dec 1634)
    • Defence depositions: Acta (5), fos. 349r-361r (Dec 1634)
    • Notary public's certificate: Acta (5), fo. 348r-v (no date)
  • Sentence / Arbitration
    • Affidavit: 9/4/16 (24 Apr 1635)
    • Defendant's petition: 9/4/17 (1 May 1635)
    • Defendant's petition: EM45 (no date)
    • Plaintiff's sentence: 9/4/47 (20 Jun 1635)
    • Plaintiff's bill of costs: 9/4/46 (Tri 1635)
    • Receipt for books: 7/93 (1 Jul 1635)
    • Defendant's petition: 10/10/2(20 Oct 1635)
  • Proceedings
    • Proceedings: 7/15 (24 May 1634)
    • Proceedings before Arundel: 7/17 (7 Jun 1634)
    • Proceedings: 17/2c/iv (7 Jun 1634)
    • Proceedings: 8/23 (30 Jun 1634)
    • Proceedings before Arundel: 1/1 (20 Oct 1634)
    • Proceedings before Maltravers: 1/2 (24 Jan 1635)
    • Proceedings: EM348 (9 May 1635)
    • Proceedings: EM349 (30 May 1635)
    • Proceedings before Arundel: 8/24 (9 Jun 1635)
    • Proceedings before Huntingdon: 8/25 (20 Jun 1635)

People mentioned in the case

  • Adams, John, notary public (also Addams)
  • Andrewes, Anne (also Andrews)
  • Andrewes, William, knight (also Andrews)
  • Aylett, Jo.
  • Ayleworth, Anne (also Ailworth, Aylworth)
  • Ayleworth, Anthony (also Ailworth, Aylworth)
  • Ayleworth, Bray, esq (also Ailworth, Aylworth)
  • Ayleworth, Edward, esq (also Ailworth, Aylworth)
  • Ayleworth, Lucy (also Ailworth, Aylworth)
  • Ayleworth, Richard, gent (also Ailworth, Aylworth)
  • Ayleworth, Thomas, gent (also Ailworth, Aylworth)
  • Bailies, Thomas, husbandman
  • Bray, Anne
  • Bray, Edmund
  • Borough, John, knight (also Burrough)
  • Chadwell, William, gent
  • Chamberlayne, John, gent (also Chamberlain)
  • Chamberlayne, Leonard, gent (also Chamberlain)
  • Collyer, Joanna (also Collier)
  • Collyer, Thomas, miller (also Collier)
  • Dethick, Gilbert, registrar
  • Duck, Arthur, lawyer
  • Eden, Thomas, lawyer
  • Farmer, Joanna
  • Freeman, Thomas, clerk
  • Hastings, Henry, earl of Huntingdon
  • Haver, Edward
  • Hewes, Thomas, clerk
  • Hide, Thomas, gent
  • Hill, William, gent
  • Hodge, Anthony, gent (also Hodges)
  • Holt, Charles, gent
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Marshall, Richard
  • Mayor, Henry
  • Merrick, Edmund (also Merricke)
  • Morecroft, Mr
  • Neighbor, John, yeoman
  • Neighbor, Mary
  • Penfield alias Addames, William
  • Price, Benjamin
  • Prowse, Henry, gent and servant (also Prouse)
  • Sandys, Hester
  • Sandys, Miles, esq
  • Sclatter
  • Slaughter, Chambers, esq
  • Smith, Thomas, servant and husbandman
  • Stephens, John, notary public
  • Temple, Anne
  • Temple, Hester
  • Temple, Thomas, baronet
  • Temple, Thomas, lawyer
  • Temple, Susan
  • Terrick, Humphrey, notary public (also Terricke)
  • Toms, John, clerk
  • Toms, Mary
  • Tracy, Paul, knight and baronet
  • Tracy, Lucy
  • Trinder, Charles, gent
  • Wade, John, clerk
  • White, Christopher
  • White, Henry, yeoman
  • Whittington, Thomas, rector (also Whittingham)
  • Windebank, Francis, knight
  • Wolgrave, John, clerk (also Woolgrave)

Places mentioned in the case

  • Buckinghamshire
    • Latimer
    • Stowe
  • Gloucestershire
    • Ailworth
    • Bourton-on-the-Water
    • Broadwell
    • Great Rissington
    • Gloucester
    • Icomb
    • Little Rissington
    • Lower Slaughter
    • Naunton
    • Northleach
    • Sherborne
    • Stanway
    • Stow-on-the-Wold
    • Wick Rissington
    • Winchcombe
  • Lincolnshire
    • Farthorpe
  • London
    • Arundel House
  • Middlesex
    • Lincoln's Inn Fields
  • Oxfordshire
    • Barrington
    • Little Milton
    • Shenington
  • Warwickshire
    • Burton Dassett
  • Worcestershire
    • Ombersley

Topics of the case

  • allegation of cowardice
  • apparel
  • assault
  • challenge to a duel
  • civil war
  • coat of arms
  • comparison
  • denial of gentility
  • fornication
  • giving the lie
  • High Commission
  • inns of court
  • justice of the peace
  • King of Arms
  • knife
  • livestock
  • military officer
  • office-holding
  • other courts
  • previous litigation
  • royalist
  • royal servant
  • Star Chamber
  • trained band
  • weapon