180 Duck v Underwood

180 DUCK V UNDERWOOD

Arthur Duck, LL.D., King's Advocate v Edmund Underwood of St Christopher le Stocks, London, drugster

May - November 1634

Abstract

This was one of the trio of causes of office commenced by Dr Duck in May 1634 following the recent Visitation of London by Sir Henry St George, Richmond Herald. All were about displaying coats of arms to which the defendants were not entitled. In this case Underwood was accused of having buried his father displaying the arms of Underwood of Norfolk and also using these on his seal ring. On 7 June he was ordered to have the arms put out of his picture and his seal ring defaced, and also to disclaim his gentility at the Office of Arms, all of which he had performed by 7 November 1634.

Sentence / Arbitration

9/4/26, Certificate of heralds

Certificate to the Earl Marshal by Richard St George Clarenceux, Henry St George Richmond, Wiliam Penson Lancaster, Henry Chitting Chester, registrar, Thomas Thompson Rouge Dragon 7 November 1634

'Wee the kings heraulds and pursuivants of armes, whose names are hereunder written, do certify unto this ho[nora]ble court that Edmond Underwood of the parish of St Christopher within the warde of Cornhill, London, drugster, in conformitie and obedience to an order made by your lo[rdshi]p in the court of chivalry the 7 day of June 1634 hathe bene at the office of armes, and brought his seale ringe to be defeaced, w[hi]ch accordingly was done, and did also disclayme the name and style gentleman, acknowledging that he hath no right to beare armes or ensignes of gentry; all w[hi]ch his submission and acknowledgement is recorded in the office of armes accordinge to the order. In witness whereof wee have subscribed our names, 7 November 1634'.

Endorsed and introduced on 13 November 1634.

9/4/25, Plaintiff's bill of costs

Easter term, 1634: £3-10s-10d

Trinity term, 1634: £6-5s-0d

This included the fees of the registrar and officials of the court for the dismissal of the case, 40s, and for scrutiny of the fact in the office of heralds and for certification of this fact, 30s.

Vacation post Trinity and Michaelmas term, 1634: £2-15s-0d

Total: £12-10s-10d

Signed by Arthur Duck.

Taxed at £4-0s-0d

Signed by Arundel and Surrey.

Endorsed and taxed on 13 November 1634.

Summary of proceedings

Dr Duck was counsel for the office. On 21 May 1634 Edmund Underwood was charged with burying his father with the arms of Underwood of Norfolk, and bearing these arms in a seal ring, despite having been recently disclaimed from gentility. On 7 and 30 June Underwood was ordered to refrain from using the title and arms, and to be dismissed upon payment of taxes and charges. It was also ordered that his seal be broken and his arms put out of his picture. The cause appeared once more before the earl of Arundel on 20 October 1634.

Notes

G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p.6.

The defendant did not appear among the Visitations of Norfolk, but may have been Edmund Underwood, fourth son to George Underwood of Weston, co. Hertford.

J. Jackson Howard (ed.), The Visitation of London, 1633, 1634 and, 1635, vol. II (Publications of the Harleian Society, 17, 1883), p. 303.

Documents

• Sentence / Arbitration
  • Certificate of heralds: 9/4/26 (7 Nov 1634)
  • Plaintiff's bill of costs: 9/4/25 (13 Nov 1634)
• Proceedings
  • Proceedings: 7/14 (21 May 1634)
  • Proceedings: 17/2c/iii (7 Jun 1634)
  • Proceedings: 8/23 (30 Jun 1634)
  • Proceedings before Arundel: 1/1 (20 Oct 1634)

People mentioned in the case

• Chitting, Henry, herald
• Duck, Arthur, lawyer
• Howard, Thomas, earl of Arundel and Surrey
• Penson, William, herald
• St George, Henry, knight
• St George, Richard, knight
• Thompson, Thomas, pursuivant
• Underwood, Edmund, drugster
• Underwood, George

Places mentioned in the case

• Hertford
  • Weston
• London
  • St Christopher le Stocks
• Norfolk

Topics of the case

• cause of office
• coat of arms
• false claim to gentility
• Herald
• Visitation