220 Foster v Booth

220 FOSTER V BOOTH

Thomas Foster of St Sepulchre, London, esq v John Booth of St John's Street in the same parish

November 1637 - February 1638

Abstract

Foster complained that Booth had said in St Sepulchre's parish, London 'that I was a base scabb, a base fellowe, a scurvy fellowe, a base scurvy fellowe, a lying fellowe, an arrant lyer', which words were provocative of a duel. Foster entered his libel on 28 November 1637 and Booth confessed his guilt by 27 January 1638. Sentence was appointed to be heard before the Earl of Arundel on 3 February, but no details of it survive.

Initial proceedings

3/93, Defendant's bond

20 November 1637

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by John Booth.

Sealed, subscribed and delivered in the presence of John Watson.

17/3n, Libel

1. Foster was the son and heir of Sir Thomas Foster, an utter barrister for 30 years, whose family had been gentry for up to 300 years, and were descended of ancient gentry.

3. Booth said in St Sepulchre's parish 'that I was a base scabb, a base fellowe, a scurvy fellowe, a base scurvy fellowe, a lying fellowe, an arrant lyer'.

4. These words were provocative of a duel.

Dated 28 November 1637.

Signed by Arthur Duck.

Sentence / Arbitration

10/12/14, Plaintiff's bill of costs [damaged]

Damaged list of earlier term and then complete list for Hilary Term 1637.

Total costs: £15-18s-8d

Taxed at £6-13s-4d

Signed by Maltravers.

Summary of proceedings

Dr Duck acted as counsel for Foster. Booth was summoned to appear in November 1637, and had tendered his confession by 27 January 1638. Sentence was appointed to be heard before the earl of Arundel on 3 February 1638.

Notes

Neither Thomas Foster nor John Booth appeared in the 1633-5 London Visitations.

J. J. Howard and J. L. Chester (eds.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 15, 1880); J. Jackson Howard (ed.), The Visitation of London, 1633, 1634, 1635 (Publications of the Harleian Society, 17, 1883).

Documents

• Initial proceedings
  • Defendant's bond: 3/93 (20 Nov 1637)
  • Libel: 17/3n (28 Nov 1637)
• Sentence / Arbitration
  • Plaintiff's bill of costs: 10/12/14 (no date)
• Proceedings
  • Proceedings before Maltravers: 8/29 (18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)
  • Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)

People mentioned in the case

• Booth, John
• Duck, Arthur, lawyer
• Foster, Thomas, esq
• Foster, Thomas, knight
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Watson, John

Places mentioned in the case

• London
  • St John's Street
  • St Sepulchre
• Middlesex
  • Westminster

Topics of the case

• denial of gentility
• giving the lie
• provocative of a duel
• sexual insult