179 Duck v St George

179 DUCK V ST GEORGE

Arthur Duck, LL.D., King's Advocate v Sir Henry St George, knt, Norroy King of Arms and John Philpot, Somerset Herald

December 1638 - March 1639

Abstract

This was a cause of office, promoted by Duck on 5 December 1638 against the Officers of Arms St George and Philpot for having granted arms without a warrant from the Earl Marshal to William Peere of Waltham, Kent, who was not a gentleman. The arms were Argent three Fusils in fess/pale/bend Gules/Sable/Azure/Vert [?each] charged with a Leopard's Head Or with a Crest of On a Helm with a Wreath of the Colours a Griffin's Head erased per pale Argent and Gules gorged with a Ducal Coronet countercharged Mantled Gules doubled Argent . The defendants presented their case at a special hearing before Arundel on 19 March 1639. He then referred judgement to a commission consisting of Lord Maltravers, the Earl of Somerset, Sir Charles Howard and Nicholas Harman, esq. The result is not known.

Initial proceedings

18/2q, Articles [damaged]

This was a cause of office, promoted by Duck against St George and Philpot for having granted arms illegally. The articles alleged that St George and Philpot granted arms to William Peere of Wallham, co. Kent, who was not a gentleman, without a warrant from the Earl Marshal. The arms were 'In a field argent three fusills in... [hole in MS three or four words missing] charged with a Leopards head Or, with a Creast on a healme and wreath of his colours, argent...[hole in MS two words missing] gryfons head erazed and parted per pale argent and gules accolled [collared] with a Crowne counter cheinged mantled gules doubled argent.'

Dated 5 December 1638

Signed by Arthur Duck.

Summary of proceedings

Dr Eden acted as counsel for St George and Dr Merrick for Philpot. Dr Duck presented the articles against the defendants on 5 December 1638, and Dr Merrick responded for the defence in January and February 1639. The sentence was appointed to be heard on 19 March 1639, on which day Eden and Merrick entered pleas on behalf of their clients at a special hearing before Arundel, who then referred judgement in the case to a commission consisting of Lord Maltravers, the earl of Somerset, Sir Charles Howard and Nicholas Harman, esq.

Notes

For another account of the case, see G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p.33.

P. Stein, 'Arthur Duck', Oxford DNB (Oxford, 2004).

Sir Henry St George (1581-1644), was Norroy King of Arms from 1635, and previously was Richmond Herald. John Philpot (c.1589-1645) served as Somerset Herald.

Documents

• Initial proceedings
  • Articles: 18/2q (5 Dec 1638)
• Proceedings
  • Proceedings before Maltravers: R.19, fos. 474r-484v (5 Dec 1638)
  • Proceedings before Maltravers: 1/9 (28 Jan 1639)
  • Proceedings: 1/7, fos. 36-47 (9 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 20-33 (21 Feb 1639)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)
  • Proceedings before Maltravers: 1/6, fo. 12 (9 Mar 1639)
  • Proceedings before Arundel: 1/6, fos. 12-17 (19 Mar 1639)

People mentioned in the case

• Carr, Robert, earl of Somerset
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Harman, Nicholas, esq
• Howard, Charles, knight
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Merrick, William, lawyer
• Peere, William
• Philpot, John, herald (also Phillpott)
• St George, Henry, knight

Places mentioned in the case

• Kent
  • Wallham

Topics of the case

• cause of office
• coat of arms
• Herald
• heraldry
• King of Arms