230 Fulwood v Greene

230 FULWOOD V GREENE

Thomas Fulwood of Little Alne, co. Warwick, gent v Thomas Greene of Aston Cantlow, co. Warwick, clerk

November 1639 - June 1640

Abstract

Fulwood, a local high constable, complained that on 14 January 1639 at Richard Biddle's house in Wootton Wawen, and at Gray Mill, Warwickshire, Greene, the minister of Aston Cantlow, said to him, 'Thou art a stinking fellow, a base condiconed fellow', and 'come out of thy dores if thou darest'. The following day Greene called him 'a rascall, a base fellow, and a base bankerupt fellow' in the presence of several witnesses.Greene insisted that he had been provoked by Fulwood who called him 'base beggarly slave, and told him that he was fitter to be a dogg keeper then a minister'. He also claimed that on the day following the initial quarrel the two men 'did eate and drincke very lovingly together...and remitted all differences that had happened before that time... and did shake hands together.' Each man accused the other of being quarrelsome and litigious, although Greene claimed that as a minister he had a reputation as 'a very civill man and noe wayes given to quarrel or fall out with this neighbours.' Greene also tried to deny Fulwood's gentility by pointing out that in recent years he 'doth hedge and ditch, and goe to plow and cart', 'offices and laborious workes not befitting a gentleman.'Process was granted on 12 November 1639. Fulwood's witnesses, yeomen and a gentleman from Wootton Wawen, were examined by a commission headed by John Parsons and Nicholas Knight, gents, on 12 March 1640 at the White Lion Inn, Stratford-upon-Avon, Warwickshire. Greene's witnesses were to be examined by a commission headed by Fulke Knottesford and William Barnes, esqs, and Richard Wright, the minister of Atherstone-on-Stour, Warwickshire, 9-11 June 1640, also at the White Lion. No further proceedings survive.

Initial proceedings

2/58, Petition to Arundel

Fulwood was 'a gent descended of an ancient familie of gent bearing armes. That notwithstanding, one Thomas Greene of Aston Cantlowe in the county of Warwick, clarke, in the month of January last past, at Wootton Wawen and at Gray Milne in the county aforesaid, in a very violent manner and with an intent to provoke your petitioner to fight with him, used these words to your petitioner, Thou art a stinking fellow, a base condiconed fellow and come out of thy dores if thou darest; and the very next day after the speaking the foresaid words Thomas Greene, againe without any provocation at all, used these wordes to your petitioner, Thou art a Rascall, a base fellow and a base bankerupt fellow, with many other opprobrious tearmes in the presence of divers credible witnesses.'

Petitioned that Greene be brought to answer.

Maltravers granted process on 12 November 1639.

2/59, Plaintiff's bond

12 November 1639

Bound to appear 'in the court in the Paynted Chamber within the Pallace of Westminster'.

Signed by Thomas Fullwood.

Sealed, subscribed and delivered in the presence of Edward Latham and Robert Fullwood.

Acta (4), fo. 297, Libel

The family of Thomas Fulwood had been gentry for up to 60 years.

Greene had called him 'a stinking fellowe a base condiconed fellow and come out of thy doores if thou darest'; and 'thou art a rascall a base fellowe and a base bankerupt fellow', with intention to provoke a duel.

No date.

Signed by Robert King.

R.19, fo. 25r, Summary of libel

'Fulwood and his progenitors, for up to 60 years, is and have bin gentlemen of a family of gentry. And that Green (at such a time and place) publickly, said, (meaning) Fulwood, thou art a stinking fellow, a base conditioned fellow and come out of thy doores if thou darest; and the day after publickly said, thou art a rascall, a base fellow, a base bankrupt fellow, thereby to provoke Fulwood and c.'

1640

No signature.

Acta (4), fo. 298, Letters commissory for the plaintiff

Addressed to commissioners Richard Wright, clerk, Leonard Clarke, clerk, John Parsons and Nicholas Knight, gents, and also, Robert Lee, esq, Fulke Knottesford, esq, Richard Wright, clerk, and Thomas Walmestrey, clerk, to meet in a cause of scandalous words provocative of a duel, from 11 to 13 March 1640 at the White Lion Inn, Stratford-upon-Avon, co. Warwick.

Dated 14 February 1640.

William Lewin assigned Edward Latham as notary public.

Acta (4), fos. 289r-292v, Plaintiff's depositions

Taken before commissioners John Parsons and Nicholas Knight, gents, in Mary Harrington's White Lion Inn, Stratford-upon-Avon on Thursday 12 March 1640.

fos. 290r-290v (Witness 1), Thomas Yate of Wootton, co. Warwick, gent, lived there for 40 years, aged 60

To Fulwood's libel:

1. He knew Thomas Fulwood, his father and his grandfather were all reputed gentlemen in co. Warwick.

2. In about February 1639 he was with Henry Archer, Edmund Wells, Bridget Buckley and others at Richard Biddle's house in Wootton Wawen, co. Warwick. Mr Fullwood who was High Constable and Mr Thomas Greene, clerk were also present. 'There was sodainlie a noyce in the roome and then he heard Thomas Green call Thomas Fulwood base condiconed fellow, and either stinckinge or shitten fellow, whether he doth not nowe remember in an angrie manner.'

Signed by Thomas Yate and the above two commissioners.

fos. 290v-291r (Witness 2), Edmund Wells of Wootton Wawen, co. Warwick, yeoman, aged 40

To Fulwood's libel

1. He knew Mr Fulwood and his father. Both were 'reputed to be gentlemen of an ancient family and have lived in their countrie like gentlemen and have both of them borne the office of High Constable, and for gentlemen of good quality have binn comonlie accounted, reputed and taken'.

2. Around January or February 1639 he was at Richard Biddle's house in Wootton Wawen, co. Warwick together with Mr Fulwood and Mr Greene. He heard Greene challenge Mr Fulwood 'in a violent and angie manner', 'to come out of the doores if he durst', and did then also 'verie angerlie call Mr Fullwood a stinckinge base fellow and a base conditioned fellow divers and sundrie times', in the presence of Mr Thomas Yate, Bridget Buckley, Henry Archer and several others.

Signed by Edmund Wells [his mark], and the above two commissioners.

fos. 291r-291v (Witness 3), Thomas Reade of Wootton Wawen, co. Warwick, millner, born at Tanworth, co. Warwick, aged 20

To Fulwood's libel:

1. Mr Fulwood had always lived like a gentleman and been 'comonlie accounted reputed and taken to be.'

2. About 15 February 1639 Mr Thomas Fulwood 'coming into Graye Milne in the parish of Wootton Wawen, Mr Greene, followed him and in an angrie and violent manner Mr Greene called Mr Fulwood rascall base fellow and bankrupt fellow with divers other angrie wordes in the presence of [Reade], beinge then grindeinge in the milne.'

Signed by Thomas Reade [his mark], and the above two commissioners.

fos. 291v-292r (Witness 4), Bridget Buckley of Wootton Wawen, co. Warwick, spinster, born at Aston Cantlow, co. Warwick, aged 30

To Fulwood's libel:

1. Thomas Fulwood and his father Robert were commonly reputed gentry of an ancient family.

2. 'About Candlemas 1638, the more certaine time [she] now remembreth not, Mr Thomas Fulwood and Mr Greene beinge at the house of Richard Biddle in Wotton Wawen in Com Warr', she saw Thomas Greene take Mr Fulwood 'by the shoulder or arme in an angrie and violent manner and did bid Mr Fullwood come out of the doores if he durst, and called Mr Fullwood stinckinge felloe, and base condiconed fellow, divers and sundrie times, insomuch that [Buckley] did much marvayle howe Mr Fulwood could forbeare strikeing Mr Greene, being soe much provoked thereunto in the presence of her [fellow witnesses] and divers others.'

Signed by Bridget Buckley [her mark], and the above two commissioners.

fos. 292r-292v (Witness 5), Henry Archer of Wootton Wawen, co. Warwick, yeoman, born there, co. Warwick, aged 56

To Fulwood's libel:

1. As witness 4.

2. About February 1639 he was at Biddle's house with Mr Greene and Mr Fulwood. He heard Greene call Mr Fulwood 'stinking fellow', several times 'in a most violent and angry manner and Mr Green did at the same time call Thomas Fulwood divers other opprobrious names, wordes and speeches which [Archer] doth not now certainlie remember, much tending to the disgrace of Mr Fulwood'. Mr Samuel Parker, Mr Valentine Smith, Mr Thomas Yate, Edmund Wells and Bridgett Buckley were then present with others.

Signed by Henry Archer and the above two commissioners.

Acta (4), fo. 293, Notary public's certificate

Certificate in Latin signed by Edward Latham, notary public that the above examinations had been completed and were now being returned.

Dated 16 March 1640.

Notary's mark.

Defendant's case

Acta (5), fo. 402, Defence [damaged]

1. Thomas Yates, Edmund Wells, Thomas Reade, Bridget Buckley and Henry Arthur, witnesses examined on behalf of Fulwood, were either household servants, tenants or relatives to Fulwood and capital enemies to Greene who could be brought to testify untruths.

2. Mr Greene did speak some of the words in the libel at Richard Biddle's house in Wootton Wawen, co. Warwick on 14 January 1639 'or in that night.'

3. On the 15 January 1639 Mr Fullwood and Mr Greene 'did eate and drincke very lovingly together, and drancke to each other in a very loving and affectionate manner, and remitted all differences that had happened before that tyme between them, and did reconcile themselves each to other, and did shake hands together; and Mr Fulwood did desire Mr Greene not to thinke of what words had passed between them on 14 Januarie for that Mr Fullwood did freely forgive the same and desired Mr Greene not to take notice thereof, for they were loving friends. And soe much the witnesses that then sawe and observed there love and familiarity did verily believe and were persuaded in their consciences.'

4. The only time Mr Fulwood and Mr Greene were together in the time mentioned in the libel was at Biddle's house, on 14 January.

5. If Mr Greene spoke the words in the libel, Mr Fulwood first provoked Mr Greene and called him 'base cheating Rascall', saying he 'would maintaine and prove him soe', further calling him 'base beggarly slave and told him that he was fitter to be a dogg keeper then a minister; and used many other base infamous, provoaking and scandalous speeches to Mr Greene.'

6. 'Mr Greene is a minister in holy orders of deacon and priesthood and Vicar of the parish church of Ashton Cantlowe, and a very civill man and noe wayes given to quarrel or fall out with his neighbours or any other; and for such Mr Greene hath for these 7 yeares last past or some parte thereof beene commonly accounted reputed and taken.'

7. 'Mr Fullwood hath beene for these [several] yeares last past, and all the time in the libel and before and since been a man that doth hedge and ditch, and goe to plow and cart; and doth usually and very often sowe, mowe, thrash and thatch and doth use all [damaged] offices and laborious workes not befitting a gentleman.'

No date.

No signature.

R.19, fo. 12r, Summary of defence

'Thomas Greene, by way of defence, sayes that the witnesses on Fulwoods part are of noe credit or validity, for that they are domestick servants and receive salary ofFulwood, or are allyed to him in blood; sayes that if he did speake any of the pretended words [in the libel], (which he doe not confesse) yet Fulwood did first provoke him, and called him base cheating rascall andc, and said he was fitter to be a dogg keeper then a minister. Greene shewes, that he is a minister in orders, and sayes that Fullwood is a labouring man and goes to plow and cart, and that he is a litigious man.'

1640

No signature.

Acta (5), fo. 403, Letters commissory for the defendant

Addressed to commissioners Fulke Knottesford, esq, William Barnes, esq, John Dighton, gent, Richard Wright, clerk, and also, Richard Wright, clerk, Leonard Clarke, clerk, John Parsons and Nicholas Knight, gents, to meet from 9 to 11 June 1640, at the White Lion Inn, Stratford-upon-Avon, co. Warwick.

William Lewin assigned Stephen Richardson as notary public.

Dated 20 May 1640.

Signed by William Lewin.

Acta (5), fo. 401, Plaintiff's interrogatories

1.The witnesses were warned of the penalty for perjury and bearing false witness. What was the witnesses' age, occupation and condition of living? Where had they lived all their lives? How did they know the parties and to whom would they give the victory if it were within their power?

2. Had they been informed, instructed or directed how to depose?

3. Was the witness a relative or intimate household friend of either party? How did they come to depose?

4. Were they obliged in money to the parties in this cause and had they been promised anything for their testimony?

5. Had they been asked to depose in this cause? Had they received or been promised expenses? How much were they worth in goods with their debts paid?

6. If the witness deposed anything of the material in the defence, they were to be asked to provide exact details, including the exact time and place, and the very words alleged to have been spoken by Fulwood.

7. Where was the witness and his fellow witnesses standing in relation to Fulwood and Greene respectively at the time 'of the pretended words of reconsiliation'?

8. Did the witness know 'Thomas Yate, Edmund Wells, Thomas Reade, Bridget Buckley and Henry Archer of Wootton Wawen and were they 'not accompted persons of good quality and esteeme and such as make conscience of an oath and such as will not be drawne to forsweare themselves.'

9. Did the witness hear Thomas Green call Thomas Fulwood 'stinking fellow or base condiconed fellow and challenge Thomas Fullwood to come out of the doors if he durst or what other wordes did Thomas Greene speake to and of Thomas Fullwood'? When and where did they hear such spoken?

10. Was Thomas Greene 'accompted a man much given to quarreling and one that often times doth abuse others in words'? With whom had Greene quarreled or whom had he accused?

11. Speak the truth of what you know, believe or have heard.

No date.

Signed by Robert King.

Summary of proceedings

Dr King acted for Fulwood and Dr Exton for Greene. King was required to give the libel on behalf of Thomas Fulwood before Lord Maltravers on 4 February 1640.

Notes

Thomas Fulwood (b.c.1599) was the son and heir of Robert Fulwood of Little Alne, co. Warwick, and Elizabeth, daughter of John Hill of Elford, co. Stafford. Thomas married Joanna, daughter of George Wilkinson of Farthingstone, co. Northampton, gent. Thomas Fulwood's aunt, Eleanor, had married one William Greene of Little Alne.

J. Fetherston (ed.), The Visitation of the County of Warwick, 1619 (Publications of the Harleian Society, 12, 1877), p. 238; W. H. Rylands (ed.), The Visitation of the County of Warwick, 1682-3 (Publications of the Harleian Society, 62, 1911), p. 59.

Fulwood served on the accounts committee for Warwickshire during the civil war; A. Hughes, Politics, Society and Civil War in Warwickshire, 1620-1660 (Cambridge, 1987), pp. 241-2.

Documents

• Initial proceedings
  • Petition to Arundel: 2/58 (12 Nov 1639)
  • Plaintiff's bond: 2/59 (12 Nov 1639)
  • Libel: Acta (4), fo. 297 ([4 Feb] 1640)
  • Summary of libel: R.19, fo. 25r (1640)
• Plaintiff's case
  • Letters commissory for the plaintiff: Acta (4), fo. 298 (14 Feb 1640)
  • Plaintiff depositions: Acta (4), fos. 289r-292v (12 Mar 1640)
  • Notary public's certificate: Acta (4), fo. 293 (16 Mar 1640)
• Defendant's case
  • Defence: Acta (5), fo. 402 (no date)
  • Summary of defence: R.19, fo. 12r (1640)
  • Letters commissory for the defendant: Acta (5), fo. 403 (20 May 1640)
  • Plaintiff's interrogatories: Acta (5), fo. 401 (no date)
• Proceedings
  • Proceedings before Maltravers: 8/31 (4 Feb 1640)

People mentioned in the case

• Archer, Henry, yeoman
• Barnes, William, esq
• Biddle, Richard
• Buckley, Bridget, spinster
• Clarke, Leonard, clerk
• Dighton, John, gent
• Exton, Thomas, lawyer
• Fulwood, Elizabeth (also Fullwood)
• Fulwood, Joanna (also Fullwood)
• Fulwood, John (also Fullwood)
• Fulwood, Robert (also Fullwood)
• Fulwood, Thomas, gent (also Fullwood)
• Greene, Thomas, clerk
• Greene, William
• Harrington, Mary, innkeeper
• Hill, Elizabeth
• Hill, John
• King, Robert, lawyer
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Knight, Nicholas, gent
• Knottesford, Fulke, esq (also Knottisford)
• Latham, Edward, notary public
• Lee, Robert, esq
• Lewin, William, lawyer
• Parker, Samuel, Mr
• Parsons, John, gent
• Reade, Thomas, milner
• Richardson, Stephen, notary public
• Smith, Valentine, Mr
• Walmestrey, Thomas, clerk (also Warmestrey)
• Wells, Edmund, yeoman
• Wilkinson, George
• Wilkinson, Joanna
• Wright, Richard, minister
• Yate, Thomas, gent

Places mentioned in the case

• Middlesex
  • Westminster
• Northamptonshire
  • Elford
• Staffordshire
  • Farthingstone
• Warwickshire
  • Aston Cantlow
  • Atherstone-on-Stour
  • Gray Mill, Wootton Wawen
  • Little Alne
  • Stratford-upon-Avon
  • Tanworth-in-Arden
  • Wootton Wawen

Topics of the case

• allegation of bankruptcy
• challenge to a duel
• denial of gentility
• drinking healths
• high constable
• office-holding
• reconciliation