176 Duck v Myles

176 DUCK V MYLES

Arthur Duck, LL.D., King's Advocate v Gabriel Myles and John Holland of London, gents

June - July 1639

Abstract

This was a cause of office in which Dr Duck prosecuted Myles and Holland for falsely displaying arms at Grocers' Hall and the church of St Martin Orgar during the funeral of the widow, Mirabella Bennett. She died on 18 April 1639 and the funeral took place in May 1639, attended by three aldermen of London, 60 women in mourning gowns and 120 boys from Christ's Hospital, of which she was a benefactor. Her will stipulated that her father's and husband's arms should be displayed on her hearse, but that no heralds should attend. Myles, her son in law, was the executor of the will; but he had left the funeral arrangements to Holland, the overseer, who employed one Knight, an under officer to the heralds, who had told him that it could be so conducted 'without offence to any'. The defendants were found guilty of conducting a funeral without the heralds and each fined 100 marks.

Initial proceedings

19/7e, Personal answer of John Holland

1. He believed to be true.

2. Marabella Bennett, the widow of Edward Bennett, had died in one of the months mentioned in the libel. Gabriel Myles acted as her executor during the minority of her son, Edward Bennett.

3-4. Mirabella Bennett appointed in her last will that she should be carried from Grocers' Hall to St Martin Orgar's parish church 'and that her corps should be covered with a pall of velvet, and that escocheons should be thereon fixed but expressly willed and desired that noe herald or officer of armes should attend at her funeral'. John Holland was an overseer named in the will, and desiring that the will be performed according to Bennett's intent. He sent for one Knight, whom he thought was an under officer to the heralds. Holland acquainted this Knight with her intentions, and Knight replied 'it might be so very well done without offence to any'. Subsequently he gave order to Knight 'for the painting and making of escocheons;

5. 'He referreth himself to his former answers and otherwise doth not believe this article to be true in any parte.'

'To the last he answereth he believeth what he hath formerly believed and denyeth what he hath formerly denied.'

Repeated in court before Sir Henry Marten, 20 June 1639.

Signed by John Holland.

19/7f, Personal answer of Gabriel Myles

1. Mirabella Bennett died on 18 April last and provided her executors with her will and testament concerning her funeral:

'My mind and will is that there shalbe given soe many poore widowes and woemen as I shalbe years old at my decease, to every of them thirteen shillings & fower pence a yeare, so that they doe provide themselves with blacke gownes to attend my body to the church on the day of my burial. And my will and mind is that my hearse be covered with a pall of black velvet with so many scutcheons as shalbe fitting with the armes that belongeth unto me by my father's side and marriage alsoe, if it shalbe thought convenient, leaving that to the discretion of my overseers hereafter named; but noe heralds to attend on the day of my burial... And I doe make & ordaine my sonn Edward Bennett full executor of this my last will and testament; and I doe adjoyne my son Gabriel Myles executor in trust with my son Edward Bennett during his minority, charging my son Gabriel that he shalbe just and faithful in all his doings and dealings in and touching this my last will and testament and the execution and business thereof, or any way concerning the same whereby my sonn Edward may be justly & truly dealt withal, for all matters and things that shalbe due apperteyning unto him...'

'And he beleiveth that in the month of May 1639 the body of Mirabella Bennett was borne and carried from Grocers Hall to the church of St Martin Orgar's and that about sixscore of the hospital boyes and threescore woemen, and not more clothed in mourning gownes did attend the corps from the hall to the church. And there were alsoe at the funeral three aldermen of the Citty of London and not more. And he believeth there were twentie mourners, men and woemen, at the funeral, the men in cloakes and the woemen in gownes, and that the hearse was covered with a paul of velvet and eight escotcheons, and not more, were borne thereon. And that in a little roome in Grocers' Hall wherein the mourners sat there was black bayes hung about the roome, and ten scutcheons and not more, were hunge thereon. And he believeth that there was one scutcheon and not more hung on the pulpit at the funeral. And he believeth that the pall of velvet did not belong to the kings & officers of armes, but was hired by Mr John Holland from some other. And he believeth that the woemen did themselves provide the black gownes which they wore at the funeral. And he believeth that the funeral was publique, and did go in a publique manner from Grocers' Hall to the church, and otherwise not believe the same to be true in any parte thereof, denying that the premises hereby confessed were done by his direction.'

5. For his part, he did not believe this article to be true.

Signed by Gabriel Miles.

Sentence / Arbitration

13/3c, Plaintiff's sentence

Case concerning display of arms at Grocer's Hall and in the church of St Martin's for which the defendants were fined 100 marks and 100 marks respectively.

13/3mm, Plaintiff's bill of costs

Easter term, 1639 to Trinity term, 1639.

Total: £11-18s-4d

Signed by Arthur Duck and William Roane.

Notes

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

Mirabella Bennett, Gabriel Miles and John Holland were not mentioned in the 1630s Visitations of London: J. J. Howard and J. L. Chester (eds.), The Visitation of London in 1633, 1634, and 1635 (Publications of the Harleian Society, 15, 1880); J. J. Howard (ed.), The Visitation of London, 1633, 1634, 1635 (Publications of the Harleian Society, 17, 1883).

Documents

• Initial proceedings
  • Personal answer of John Holland: 19/7e (20 Jun 1639)
  • Personal answer of Gabriel Myles: 19/7f (no date)
• Sentence / Arbitration
  • Plaintiff's sentence: 13/3c (no date)
  • Plaintiff's bill of costs: 13/3mm (Tri 1639)

People mentioned in the case

• Bennett, Edward
• Bennett, Mirabella, widow
• Duck, Arthur, lawyer
• Grinder, Mr
• Holland, John, gent
• Knight, Mr, under herald
• Marten, Henry, knight
• Myles, Gabriel, gent (also Miles)
• Roane, William, lawyer

Places mentioned in the case

• London
  • Christ's Hospital
  • Grocers' Hall
  • St Martin Orgar

Topics of the case

• alderman
• coat of arms
• corporation
• funeral ceremony
• Herald
• office-holding