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347 King Of Arms v Mosely

The Court of Chivalry 1634-1640.

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347 KING OF ARMS V MOSELY

Sir Henry St George, knt, Norroy King of Arms v Edward Mosely of Roulston, co. Stafford

October - December 1638

Figure 347:

The monument to Sir Edward Mosely, attorney of the Duchy of Lancaster (d.1638), in Rolleston church (Photograph : Richard Cust)

Abstract

This was a cause of office promoted by Dr Duck, on behalf of Norroy, in which Mosely was charged with displaying shields and banners and placing hatchments in the church at the funeral of his uncle, Sir Edward Mosely, attorney of the Duchy of Lancaster, without the direction of the heralds and without paying the fee of £100. On 5 December, he was found guilty of having acted in defiance of the court, and ordered to pay fines of £200 to the king, 200 marks in damages to the heralds and £5 in taxes.

Initial proceedings

18/2a, Articles

The defendant had caused shields and banners to be displayed at the funeral of his uncle, Sir Edward Mosely, attorney of the Duchy of Lancaster, and placed hatchments in the church without the direction of Clarenceux and Norroy Kings of Arms and the heralds, and without paying the fee of £100.

Dated 4 December 1638.

Signed by Arthur Duck.

Sentence / Arbitration

18/2b, Plaintiff's sentence

The defendant was condemned for having acted in defiance of the laws of the court, and he was to bind himself with sureties to be of good behaviour. He was to pay a fine of £200 to the king, 200 marks in damages to the heralds and the case was taxed at £5.

Dated 5 December 1638.

Signed by Arthur Duck and Arundel and Surrey.

18/2c, Plaintiff's bill of costs

Michaelmas term, 1638, and sum total: £10-15s-0d

Dated 5 December 1638.

Signed by Arthur Duck and Arundel and Surrey.

Summary of proceedings

Proceedings commenced before Lord Maltravers, the earl of Huntingdon and the earl of Bath on 20 November 1638 when Mosely was bound to the king for £1000. The sentence against Mosely was pronounced soon after on 5 December.

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); T. Woodcock, 'Sir Henry St George (1581-1644)', Oxford DNB (Oxford, 2004).

Edward Mosely did not appear among the pedigrees based on Dugdale's Visitation of Staffordshire in 1663-4: G. J. Armytage and W. H. Rylands (eds.), Staffordshire Pedigrees based on the Visitation of that County made by William Dugdale, 1663-4 (Publications of the Harleian Society, 63, 1912).

Documents

  • Initial proceedings
    • Articles: 18/2a (4 Dec 1638)
  • Sentence / Arbitration
    • Plaintiff's sentence: 18/2b (5 Dec 1638)
    • Plaintiff's bill of costs: 18/2c (5 Dec 1638)
  • Proceedings
    • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
    • Proceedings before Maltravers: R.19, fos. 422r-428r (28 Nov 1638)
    • Proceedings before Maltravers: R.19, fos. 474r-484v (5 Dec 1638)

People mentioned in the case

  • Bourchier, Henry, earl of Bath
  • Duck, Arthur, lawyer
  • Hastings, Henry, earl of Huntingdon
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Mosely, Edward (also Moseley)
  • St George, Henry, knight

Places mentioned in the case

  • Staffordshire
    • Roulston

Topics of the case

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