200 Faldoe v Nelson

200 FALDOE V NELSON

William Faldoe of Gray's Inn, co. Middlesex, gent v Robert Nelson the younger, of the same, attorney at Common Pleas

February - June 1640

Abstract

Faldoe complained that on 1 August 1639 Nelson had called him 'a base beggarly fellowe, a rogue and a beggarly rascall', thereby provoking him to strike Nelson. According to Faldoe's witnesses, Peter Troveil, a painter, and John Warren, a Gray's Inn gentleman, Nelson's remarks came at the end of a rowdy dinner party at the Griffin in Gray's Inn Lane. The two men started hurling food at each other and ended up throwing a candlestick and a slipper which struck Nelson on the forehead. Warren deposed that Faldoe did not want Nelson to be fined, but desired 'satisfaction by way of submission and acknowledgement, and his charges expended in this cause'. Process was granted on 13 February 1640 and the plaintiff's depositions were taken in June. But no further proceedings survive.

Initial proceedings

2/28, Petition to Arundel

'Your petitioner is a barrester of Graies Inn, and a gent descended of an auncient family.

That notwithstanding, Robert Nelson the younger, an atturney in the Court of Common Pleas, on or about the first day of August last past, did very much vilify and abuse your petitioner; and amongst other speeches told your petitioner that he was a base beggarly fellowe, a rogue and a beggarly rascall, thereby very much provoking your petitioner to strike him the said Nelson.'

Petitioned that Nelson be brought to answer.

Maltravers granted process on 13 February 1640.

2/26, Plaintiff's bond

13 February 1640

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

Signed by William Faldo.

Sealed and delivered in the presence of John Watson.

2/30, Defendant's bond

14 February 1640

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

Signed by Robert Nelson.

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

Plaintiff's case

Cur Mil 1631-1642, fos. 190v-191v, Plaintiff deposition

fos. 190v-191v (Witness 1), Peter Troveil of St Bride, London, limner, lived there for about 23 years, born at St Michael, Querne, London, aged 32

17 June 1640

To Faldoe's libel:

2. He was with Faldoe and Nelson 'at a tavern neere Gray's Inn garden gate', where he heard Nelson call Faldoe 'base beggarly fellowe, and beggarly rascall and rogue'. There were also present Mr John Warren and Peter Dalton.

To Nelson's interrogatories:

1. He was a 'lymnner'.

2. Negative.

3. He was no subsidy man and was not taxed for ship money 'and liveth by his science and art in limninge and wisheth right may take place.'

4. Negative.

5-6. The words were spoken in a tavern after dinner, before which Nelson had thrown cheese in Faldoe's face, and Faldoe had thrown part of a roll at Nelson. Nelson had thrown a candlestick at Faldoe, so Faldoe struck Nelson on his forehead with a slipper, and 'Nelson's forehead began to waxe redd and to swell and some of the company persuaded Nelson to lay a paper on his face to assuage the swelling which he accordingly did'. Nelson did not speak the words above until after he had taken the blow on his forehead.

Signed by Peter Troveil

Repeated in court before Sir Henry Marten, knight, lieutenant, on 18 June 1640 in the presence of John Longland.

Cur Mil 1631-1642, fos. 210r-211r, Plaintiff deposition

fos. 210r-211r (Witness 2), John Warren of Gray's Inn, London, gent, lived there for about 5 years, born at Ripple, co. Kent, aged 28

24 June 1640

To Faldoe's libel:

2. In one of the months in the libel, he was with Faldoe and Nelson at a tavern in Gray's Inn Lane 'and now the signe of the Griffon', where Nelson and Mr Faldoe quarrelled and threw at each other things that were on the table. Nelson threw a candlestick and Faldoe struck Nelson with a slipper. Nelson called Faldoe 'base beggarly rogue'. There were also present Mr Peter Dalton of Gray's Inn and Peter Trovell.

To Nelson's interrogatories:

1. He was a gentleman of Gray's Inn and had known Mr Nelson for 12 years and Mr Faldoe for 4 or 5 years.

2. Negative.

3. He was no subsidy man and was worth over 40s with his debts paid. 'If it were in his power he would give the better to Mr Faldo for that he conceiveth Mr Faldo had the wronge.'

4. Negative.

5. The words were spoken in an upper room of the Griffon tavern at 3 or 4pm and Faldoe struck Nelson with a slipper, before Nelson spoke the words above.

6. Before Nelson said the words, Faldoe threw a crust of bread at Nelson and struck him with a slipper, and Nelson's face 'looked red and paper was laid to it to prevent the swelling.'

7. Nelson 'called for a looking glass, and [Warren] and the rest of the company laughing at him Nelson threw the looking glass out at the windowe.'

9. 'He believeth he sayth Mr Faldo expecteth satisfaction by way of submission and acknowledgement and his charges expended in this cause from Nelson; and doth not expect to be a gainer of any sume of money from him.'

Signed by John Warren.

Repeated in court before Sir Henry Marten on 24 June 1640.

Notes

William, son and heir of William Faldoe of Islington, co. Middlesex, gent, was admitted to Gray's Inn on 7 May 1624. Robert Nelson, late of Barnard's Inn, son and heir of Robert Nelson of the city of London, esq, was admitted on 11 March 1631.

J. Foster (ed.), The Register of Admissions to Gray's Inn, 1521-1889 (London, 1889), vol. 1, pp. 173, 192.

Documents

• Initial proceedings
  • Petition to Arundel: 2/28 (13 Feb 1640)
  • Plaintiff's bond: 2/26 (13 Feb 1640)
  • Defendant's bond: 2/30 (14 Feb 1640)
• Plaintiff's case
  • Plaintiff's deposition: Cur Mil 1631-42, fo. 191 (17 Jun 1640)
  • Plaintiff's deposition: Cur Mil 1631-42, fos. 210-11 (24 Jun 1640)

People mentioned in the case

• Dalton, Peter, gent
• Faldoe, William, gent (also Faldo)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Longland, John
• Marten, Henry, knight
• Nelson, Robert, the elder, esq
• Nelson, Robert, the younger, lawyer
• Troveil, Peter, painter / limner (also Trovell)
• Warren, John, gent
• Watson, John

Places mentioned in the case

• Kent
  • Ripple
• London
  • Barnard's Inn
  • St Bride
  • St Michael, Querne
• Middlesex
  • Gray's Inn
  • Islington

Topics of the case

• assault
• Court of Common Pleas
• denial of gentility
• drunkenness
• inns of court
• other courts
• ship money
• tavern brawl
• taxation