463 Newton v Moore

463 NEWTON V MOORE

Thomas Newton of the city of Westminster, gent v Francis Moore of St Martin Ludgate, London

February 1639

Abstract

Newton complained that Moore jostled him in the parish of St Martin Ludgate, London, during November or December 1638. When Newton reprimanded him, Moore replied 'What are you, sirrah? I will have you before a Justice of Peace'. Moore then dragged Mr Newton in the street, calling him 'Sirrah, rascall and villaine', 'to the scorne of the people' who had gathered to watch. The sentence survives, but is too damaged to determine the details.

Defendant's case

14/3k, Plaintiff interrogatories

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was the witness's age, occupation, condition, and dwelling? Did the witness know either of the parties and to which would he give victory if it was in his power?

2. Was the witness related to either of the parties? Was the witness a waged or household servant, or in any way indebted to either of the parties? How much was the witness worth in his own goods with his debts paid?

3. Was Newton a gentleman descended of an ancient family, and had his father, John Newton, been High Sheriff of Montgomery and Shropshire, and a Justice of the Peace?

4. Whether Moore in the parish of St Martin Ludgate in last November or December 'did jostle or thrust Mr Newton; and did not Mr Newton thereupon wishe Moore to looke to his way, or looke before him, and did not Moore thereupon reply to Mr Newton, Sirrah, doe you bidd me looke before mee, what are you, sirrah? I will have you before a Justice of Peace; and did not Moore drag Mr Newton in the street and did Moore call him, sirrah, rascall and villaine, and did he not use other words of disgrace towards Mr Newton, or what words of disgrace and provocation did Moore then use'? Did Moore begin 'dragging of Mr Newton through the street till a multitude of people were assembled or flocked together; and did not Moore thereupon subdue to himselfe and steale away leaving Mr Newton to the scorne of the people, as such witness doeth know or hath crediblie heard'?

5. Whether 'Moore was not standing in the street when as Moore did as before meete, jostle or thrust Newton; and whether did he see Mr Newton strike Moore; in what place and on what part of the bodie did he strike him; and whether did not Moore first provoke Mr Newton thereunto by his uncivil and violent demeanour of himself towards Mr Newton'?

6. Whether, 'whereas Moore charged Mr Newton to keepe the peace, had not Moore first broke the peace by thrusting, jostling or striking Mr Newton; and whether did not Mr Newton demeane himself soberlie and civillie, and gave noe reproachfull language, or used any uncivill behaviour towards Moore, or any way tending to the breach of the peace as he said, knoweth or hath heard'?

Sentence / Arbitration

10/9/5, Plaintiff's sentence [damaged]

'Francis Moore justled and thrusted Thomas Newton passing... him Sirrah what are you? I will have you before a Justice of Peace... and a multitude of people being assembled left him to the scorne...'

[Over half of the document cannot be read as it is physically stuck to other documents in the bundle].

Signed by Arthur Duck and Lord Maltravers.

10/9/5, Plaintiff's bill of costs [damaged]

[Almost all of this document cannot be read as it is physically stuck to other documents in the bundle].

Sum total: £27-11s-0d

Signed by Arthur Duck.

Taxed at 20 marks and signed by Lord Maltravers.

Summary of proceedings

Dr Duck, Dr Exton and Dr Merrick acted as counsel. On 23 February 1639 the witnesses to Newton's libel were summoned.

Notes

Neither party appeared among 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).

Documents

• Defendant's case
  • Plaintiff interrogatories: 14/3k (no date)
• Sentence / Arbitration
  • Plaintiff sentence: 10/9/5 (no date)
  • Plaintiff's bill of costs: 10/9/4 (no date)
• Proceedings
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Duck, Arthur, lawyer
• Exton, Thomas, lawyer
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Merrick, William, lawyer
• Moore, Francis
• Newton, John, gent
• Newton, Thomas, gent

Places mentioned in the case

• London
  • St Martin Ludgate
• Middlesex
  • Westminster
• Montgomeryshire
• Salop / Shropshire

Topics of the case

• calling sirrah
• high sheriff
• justice of the peace
• office-holding