506 Pauncefoote v Pauncefoote

506 PAUNCEFOOTE V PAUNCEFOOTE

John Pauncefoote of Hasfield, co. Gloucester, gent v Grimbold Pauncefoote of Newent, co. Gloucester

November - December 1638

Abstract

John Pauncefoote complained that his family's coat of arms, Gules, three Lions rampant (2 and 1) Argent , had been assumed by Grimbold Pauncefoote who was not of his family, and placed upon the tomb of Grimbold's father in Pauntly church, Gloucestershire. On 6 November 1638 Dr Lewin presented the libel, but Dr Eden claimed that John Pauncefoote was a pauper who had lost his faculties. On 20 November it was agreed that an arbitration should be arranged to end the quarrel before the next term.

Initial proceedings

18/3a, Libel

1. The plaintiff's family had been gentry for up to 200 years and bore on their coat of arms Gules, three lions rampant argent , the arms of the Pauncefootes of Hasfield, co. Gloucester.

2. The defendant was not of this family, but had assumed its arms and placed them on his father's tomb in Pauntley church, co. Gloucester.

Dated 6 November 1638.

Signed by William Lewin.

Summary of proceedings

Dr Lewin acted as counsel for John Pauncefoote and Dr Eden for Grimbold Pauncefoote. On 6 November 1638 Grimbold Pauncefoot was required to appear in person, Dr Lewin presented the libel and Dr Eden was to respond at the next sitting. In Grimbold's defence, Dr Eden claimed John Pauncefoote was a pauper who had lost his faculties, who could not pay expenses or prosecute the cause sufficiently. On 20 November and 19 December 1638 a mediation and arbitration was arranged to end the quarrel.

Notes

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

John Pauncefoote was the son of Henry Pauncefoote. John married Agnes, daughter of Sir John St Low. Grimbold Pauncefoote of Pauntley, co. Gloucester, was married to Mary, daughter of John Nourse of Weston, co. Hereford.

J. Maclean and W. C. Heane (eds.), The Visitation of the County of Gloucester, 1623 (Publications of the Harleian Society, 21, 1885), pp. 257-8; T. Fitzroy Fenwick and W. C. Metcalfe (eds.), The Visitation of the County of Gloucester, 1682-3 (Exeter, 1884), p. 127.

Documents

• Initial proceedings
  • Libel: 18/3a (6 Nov 1638)
• Proceedings
  • Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638)
  • Proceedings before Maltravers: R.19, fos. 400v-412v (20 Nov 1638)
  • Proceedings: R.19, fo. 491r (19 Dec 1638)

People mentioned in the case

• Eden, Thomas, lawyer
• Howard, Henry, baron Maltravers
• Lewin, William, lawyer
• Nourse, John
• Nourse, Mary
• Pauncefoote, Agnes
• Pauncefoote, Henry
• Pauncefoote, Grimbold
• Pauncefoote, John, gent
• Pauncefoote, Mary
• St Low, Alice
• St Low, John, knight

Places mentioned in the case

• Gloucestershire
  • Hasfield
  • Newent
  • Pauntley
• Herefordshire
  • Weston under Penyard

Topics of the case

• arbitration
• coat of arms
• funeral monument
• heraldry