493 Osbaldeston v Holden

493 OSBALDESTON V HOLDEN

Robert Osbaldeston of Osbaldeston, co. Lancaster v Thomas Holden of Pickup Bank, co. Lancaster, yeoman

May 1638

Abstract

Osbaldeston appears to have complained that Holden had said he was 'of base condition', and Holden to have maintained that he had been provoked when Osbaldeston struck him. On 4 May 1638 Holden was cited to appear to answer the charge of uttering words provocative of a duel. No indication of further proceedings or sentence survives.

Initial proceedings

13/2j, Citation

Holden to appear in the court at the suit of Osbaldeston ten days after receipt for words provocative of a duel.

Dated 4 May 1638.

By the special direction of Gilbert Dethick.

[Barely legible] 'Thomas Holden defendant was bound as surety with [Osbaldeston] a bond of £20 for the payment of a debt of £10 and [Osbaldeston] procured [Holden] to sue for the debt as he was inforced to pay within the year's use and [Holden] about a week later and... speaking to him 'will you make me... he [Holden] shall paye it, and strucke him, whereupon the defendt. sayd you are a base... and of base condition to strike me and cause for me to pay your debtes in prison in an affaire in the... at the sign of the Bull'.

Notes

Robert Osbaldeston of Osbaldeston was the fifth son of Sir Edward Osbaldeston of Osbaldeston (d. c.1636), and Mary, daughter of Francis Farington of co. Lancaster, esq. Robert married Jane, daughter of one Singleton and widow of one Charnley.

F. R. Raines (ed.), The Visitation of the County Palatine of Lancaster made in the year 1664-5 (Chetham Society, 88, 1873), p. 225.

Documents

• Initial proceedings
  • Citation: 13/2j (4 May 1638)

People mentioned in the case

• Charnley, Jane
• Dethick, Gilbert, registrar
• Farington, Francis, esq
• Farington, Mary
• Holden, Thomas, yeoman
• Osbaldeston, Edward, knight
• Osbaldeston, Jane
• Osbaldeston, Mary
• Osbaldeston, Robert
• Singleton, Jane

Places mentioned in the case

• Lancashire
  • Osbaldeston
  • Pickup Bank

Topics of the case

• assault
• denial of gentility
• provocative of a duel