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101 Chaldecott v Franke

The Court of Chivalry 1634-1640.

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101 CHALDECOTT V FRANKE

Andrew Chaldecott of Whiteway, co. Dorset, esq v Richard Franke of East Creech, co. Dorset, weaver

October 1637 - February 1638

Abstract

Chaldecott complained that Franke had said that he was a better man in the presence of Chaldecott's tenants and servants, calling him 'Runnaway Jacke, Rogue Raskall' and alleging that he and his siblings were notorious debtors. Process was granted on 26 October 1637 and Frank was summoned to appear the following November and in February 1638; but no further proceedings survive.

Initial proceedings

3/127, Petition to Arundel

'Richard Francke of East Chreech in the Countie of Dorset weaver, in a most disgracefull way before divers of your petitioners servants and tenants, and other persons called your petitioner Runnaway Jacke, Rogue Raskall; adding that your petitioner had a brother, and sister, or two that dyed in debt, and not able to paye their debts, and your petitioner might doe so to, and if your petitioner's father had not dyed so soone your petitioner had runne the country, with many other vile words, adding farther that he was a better man, then your petitioner.'

Petitioned that Franke be brought to answer.

Duck desired Dethick to send out process, 26 October 1637.

Signed by Arthur Duck.

3/126, Plaintiff's bond

26 October 1637

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

Signed by John Butler of Lyons Inn, co. Middlesex, gent on behalf of Chaldecott.

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

Summary of proceedings

The cause appeared before Lord Maltravers and the earl of Arundel respectively on 18 November 1637 and 3 February 1638, and Frank was summoned to appear.

Notes

Andrew Chaldecott was the second son of Francis Chaldecott of Whiteway in the Isle of Purbeck, co. Dorset, and Edith, daughter of William Chaldecott of Quarleston, co. Dorset.

J. P. Rylands (ed.), The Visitation of the County of Dorset taken in the year 1623 (Publications of the Harleian Society, 20, 1885), p. 26.

Documents

  • Initial proceedings
    • Petition to Arundel: 3/127 (26 Oct 1637)
    • Plaintiff's bond: 3/126 (26 Oct 1637)
  • Proceedings
    • Proceedings before Maltravers: 8/29 (18 Nov 1637)
    • Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)

People mentioned in the case

  • Butler, John, gent
  • Chaldecott, Andrew, esq
  • Chaldecott, Edith
  • Chaldecott, Francis
  • Chaldecott, William
  • Chaldecott, Duck, Arthur, lawyer
  • Dethick, Gilbert, registrar
  • Duck, Arthur, lawyer
  • Franke, Richard, weaver (also Frank)
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Watson, John

Places mentioned in the case

  • Dorset
    • East Creech
    • Isle of Purbeck
    • Quarleston
    • Whiteway
  • Middlesex
    • Lyon's Inn
    • Westminster

Topics of the case

  • allegation of bankruptcy
  • allegation of cowardice
  • comparison
  • inns of court
  • undermining before subordinates