46 Bingham v Joyce

46 BINGHAM V JOYCE

Richard Bingham of Quarleston, Winterborne Strickland, co. Dorset, gent v Thomas Joyce of Cheselbourne, co. Dorset, husbandman

November 1637

Abstract

Bingham accused Joyce of having said on Whitsun eve 1637 in the presence of Bingham's neighbours that there was a gallows nearby that 'groaned for him, and for such other base conditioned scurvy gentlemen or fellows as he was', adding that Bingham's 'estate and meanes would hang him the sooner: for to his knowledge there were ladds or fellows abroad in the countrie that lookt for such a prey or purchase.' Process was granted on 13 November 1637, but no further proceedings survive.

Initial proceedings

3/107, Petition to Arundel and Advice of the King's Advocate

Last Whitsun eve, Thomas Joyce of Cheselbourne, co. Dorset, husbandman, 'did use many disgracefull words and unsufferable speeches against your petitioner in the hearing of divers of his neighbours and others (vizt) That there was one westward (meaning the gallowes) groaned for him, and for such other base conditioned scurvy gentlemen or fellows as he was. And being tolde hee was unmannerly to wrong a gentleman of his worth and ranke, and that it did ill become soe meane a man to use a gentleman of his estate and quallitie soe basely behynde his backe, Thomas Joyce replyed your petitioner's estate and meanes would hang him the sooner: for to his knowledge there were ladds or fellows abroad in the countrie that lookt for such a prey or purchase. And soe Joyce went away raileing in the open street using many other very base revileing speeches saying he would make your petitioner an example for all other base fellows.'

Petitioned that Joyce be brought to answer and punished.

Duck desired Dethick to send out process, 13 November 1637, but with the proviso: 'Diverse of the words here expressed are fitt for action in my L. Marshals Court. Others are fitt to be omitted which I will make choyse of. They come to me to drawe their libel.'

Signed by Arthur Duck.

3/108, Plaintiff's bond

14 November 1637

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

Signed by Richard Bingham.

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

Notes

Richard Bingham, the second son of Richard Bingham of Bingham's Melcombe, co. Dorset, and Joan, daughter of Sir Arthur Hopton of Witham Friary, co. Somerset, was noted as aged twelve in the Visitation of 1623. Bingham was a ship money defaulter in 1636.

J. P. Rylands (ed.), The Visitation of the County of Dorset, 1623 (Publications of the Harleian Society, 20, 1885), p. 15; CSP Dom. 1635-6 , p. 395.

Documents

• Initial proceedings
  • Petition to Arundel and Advice of the King's Advocate: 3/107 (13 Nov 1637)
  • Plaintiff's bond: 3/108 (14 Nov 1637)

People mentioned in the case

• Bingham, Joan
• Bingham, Richard, gent
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Hopton, Arthur, knight
• Howard, Thomas, earl of Arundel and Surrey
• Joyce, Thomas, husbandman
• Watson, John

Places mentioned in the case

• Dorset
  • Bingham's Melcombe
  • Cheselbourne
  • Quarleston
  • Winterborne Strickland
• Middlesex
  • Westminster
• Somerset
  • Witham Friary

Topics of the case

• denial of gentility
• ship money
• threatened killing