28 Banaster v Humberston

28 BANASTER V HUMBERSTON

Henry Banaster of St Mary Stainings, London, gent v William Humberston of the Old Exchange, London, milliner

March 1640

Abstract

Banaster claimed to have been publicly insulted by Humberston in February 1640. Humberston had allegedly called him a 'lyeing knave' and 'a rogue upon record' who lived by cheating, thereby provoking him to duel. No further proceedings survive.

Initial proceedings

7/47, Petition to Arundel [damaged]

Banaster claimed to be a gentleman bearing arms, and that he was insulted by William Humberston, a citizen and tradesman of London, about a month ago: 'amongst other provoking speeches before many witnesses of good credit [he] told your peticoner that hee was a knave, a lyeing knave and a rogue upon record and that the peticoner lived by cheating thereby... provoking your peticoner to duell and to breake the kinges peace'.

Maltravers granted process on 26 March 1640.

7/49, Plaintiff's bond

27 March 1640

Bound to appear 'in Arundel House in the parish of St Clements Danes, Middlesex'.

Signed by Henry Bannaster.

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

Notes

Neither party appeared in the Visitations of London: J. Jackson Howard and J. L. Chester (eds.), The Visitation of London, 1633, 1634 and, 1635, vol. I (Publications of the Harleian Society, 15, 1880); J. Jackson Howard (ed.), The Visitation of London, 1633, 1634 and, 1635, vol. II (Publications of the Harleian Society, 17, 1883); J. B. Whitmore and A. W. Hughes Clarke (eds.), London Visitation Pedigrees, 1664 (Publications of the Harleian Society, 92, 1940); T. C. Wales and C. P. Hartley (eds.), The Visitation of London begun in 1687 (Publications of the Harleian Society, new series, 17, 2004).

Documents

• Initial proceedings
  • Petition to Arundel: 7/47 (26 Mar 1640)
  • Plaintiff's bond: 7/49 (27 Mar 1640)

People mentioned in the case

• Banaster, Henry, gent (also Bannister, Banister)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Humberston, William, milliner
• Stuart, Charles I, king

Places mentioned in the case

• London
  • Old Exchange
  • St Mary Stainings
• Middlesex
  • Arundel House
  • St Clement Danes

Topics of the case

• allegation of cheating
• giving the lie
• provocative of a duel