219 Fortescue v Wood

219 FORTESCUE V WOOD

John Fortescue of Spriddlestone, co. Devon, esq v Richard Wood of Hareston, Brixton, co. Devon, gent

April 1638

Abstract

Fortescue complained that Wood insulted him at a parish meeting to organise the contributions for ship money, between November and February 1637/8 in Plymstock, Devon, saying that 'it was false which I said, and that he was a better man than I, and that he would not have gone to lawe, and I durst not have spoken any words if he had me on Haldon'. The latter referred to Haldon field where Wood allegedly tried to provoke him into fighting a duel. No further proceedings survive. [For Wood's counter suit, see cause 723].

Initial proceedings

20/3c, Libel

1. Fortescue's family had been gentry for up to 300 years.

2. Between November and February in Plymstock parish, co. Devon, at a meeting in court to organise the parish contributions for ship money, Wood said 'that it was false which I said, and that he was a better man than I, and that he would not have gone to lawe, and I durst not have spoken any words, if he had me on Haldon'.

3. These contemptuous words were provocative of a duel.

4. Wood had tried to provoke a duel with him on Haldon field.

Dated 28 April 1638.

Signed by Arthur Duck.

Notes

No John Fortescue of Brixton orof Spriddlestone appears in the Visitation of 1620, but a John Fortescue of Spriddlestone compounded for delinquency on the Truro Articles after the civil war and was fined £202, 4s. Richard Wood (b.1587) was the son and heir of John Wood of Hareston, Brixton, co. Devon, and Thomazin, daughter of George Southcott of Calverleigh.

F. T. Colby (ed.), The Visitation of the County of Devon in the year 1620 (Publications of the Harleian Society, 6, 1872), pp. 109-112, 314; P. R. Newman, Royalist Officers in England and Wales, 1642-1660: A biographical dictionary (London, 1981), p. 141; CCCD , vol. 3, p. 1911.

Documents

• Initial proceedings
  • Libel: 20/3c (28 Apr 1638)

People mentioned in the case

• Fortescue, John, esq
• Duck, Arthur, lawyer
• Southcott, George
• Southcott, Thomazin
• Wood, John, gent
• Wood, Richard, gent
• Wood, Thomazin

Places mentioned in the case

• Cornwall
  • Truro
• Devon
  • Brixton
  • Calverleigh
  • Hareston
  • Plymstock
  • Spriddlestone

Topics of the case

• civil war
• giving the lie
• insult before gentlemen
• provocative of a duel
• royalist
• ship money
• taxation