644 Thorold v Trumbull

644 THOROLD V TRUMBULL

Edmund Thorold of Easthampstead, co. Berkshire, gent v William Trumbull of the same, gent

June - October 1640

Abstract

Thorold complained that as he left Easthampstead church, Berkshire, after morning prayer on 26 May 1640 Trumbull said to him, in an 'insolent hawty manner,' in the churchyard, 'I would have you know I am a better gentleman in all respects and degrees then you, and I have a place of better credit then you, and I will maintain that I am a better gent then you with my life and blood'. Trumbull then claimed that his father, who had been clerk to the privy council during the 1620s, 'had done better service for the king, then all the generations of the Thorolds.' Thorold claimed to be descended from knights, and declared that he was Marshal of the Court of Exchequer and an usher in the Court of Chivalry, whilst insisting that Trumbull had 'no place at all for ought your petitioner can heare of'. Thorold entered bond on 10 June 1640, but had to petition Maltravers on 6 July because the Register had retarded the issuing of his commission to hear witnesses. Proceedings were under way in October, but nothing further survives.

Initial proceedings

5/72, Petition

'Your petitioner is a gent descended of a very ancient family and divers of your petitioner's ancestors have been knights; and your petitioner is Marshall of his Majestie's Court of Exchequer and, by your honour's favour, is usher in the Court Militarie.

That on the 26 day of May last past your petitioner coming out of the parish church of Easthamstead, William Trumboll of the same place came to your petitioner as he was passing along in the way through the churchyard, after morning prayer, with an intent to quarrel with your petitioner in an insolent hawty manner used these speeches, vizt. I would have you know I am a better gentleman in all respects and degrees then you, and I have a place of better credit then you, and I will maintain that I am a better gent then you with my life and blood. And further in disparagement of your petitioner and his family said that Trumboll's father had done better service for the king, then all the generations of the Thorolds.

Your petitioner being able to make it appeare by a pedegree testified by the officers of armes that his ancestors for above 300 years last past have been knights and gent., and there being knights now living of your petitioner's family. And Trumboll having no place at all, for ought your petitioner can heare of, humbly therefore prayeth your honor's process to call William Trumboll to answer the premises.'

Maltravers granted process, no date.

5/71, Plaintiff's bond

10 June 1640

That he was to 'appear in the said Court in the Painted Chamber within the Pallace of Westminster'.

Signed by Edmund Thorold.

Sealed, subscribed and delivered in the presence of John Watson.

7/22, Further petition to Maltravers

This petition described Thorold as an usher, and complained that Thorold was granted a commission to prove his complaint in his libel against Mr William Trumbull, but that the Register 'hath not made any act thereuppon'. He petitioned that Maltravers might order the Register to comply so that Thorold might proceed to the examination of witnesses.

Note from Maltravers, signed 6 July 1640 'Lett the petitioner have out a commission accordingly'.

Summary of proceedings

Dr Duck acted as counsel in this cause. On 10 October 1640 Thorold was required to produce his witness Susanna Bird who was warned to submit to examination at the next sitting, and then Thorold was to hear the final direction of Lord Maltravers. On 22 October 1640 the parties were required to appear in person.

Notes

William Trumbull (b. c.1605) was the son of William Trumbull of Easthampstead, co. Berkshire (d.1635), agent for James I and Charles I at Brussels, and a clerk of the privy council, and Deborah, daughter to Walter Downes of Beltring, co. Kent. William married Elizabeth, daughter to George Rodulph Weckerlin of Westminster, esq, and subsequently, Mary, daughter of Richard Lybb of Hardwick, co. Oxford, esq.

W. H. Rylands (ed.), The Four Visitations of Berkshire, 1532, 1566, 1623, and 1665-6, vol. I (Publications of the Harleian Society, 56, 1907), p. 296; W. H. Rylands (ed.), The Four Visitations of Berkshire, 1532, 1566, 1623, and 1665-6, vol. II (Publications of the Harleian Society, 57, 1908), pp. 220-1.

The plaintiff's father, William Trumbull, esq, was appointed a justice of the peace for co. Berkshire on 20 March 1629. Serving as clerk to the Council already by 3 July 1632, he was appointed muster-master general of England for life. On 11 November 1635 he was granted the office of clerk of the signet during life in reversion, but he had died by March 1636 when he was succeeded as muster-master general by Thomas Meautys, esq. His son, William Trumbull was granted in perpetuity the park of Easthampstead, co. Berkshire in socage at 40 shillings per annum.

J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-1640 (List and Index Society, special series, 34 and 35, 2004), part 1, pp. 62, 184, 195-6; part 2, p. 263.

Documents

• Initial proceedings
  • Petition: 5/72 (no date)
  • Plaintiff's bond: 5/71 (10 Jun 1640)
  • Further petition: 7/22 (6 Jul 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)
  • Proceedings: 1/11, fo. 72v (22 Oct 1640)

People mentioned in the case

• Bird, Susanna
• Downes, Deborah
• Downes, Walter
• Duck, Arthur, lawyer
• Howard, Henry, baron Maltravers
• Lybb, Mary
• Lybb, Richard, esq
• Meautys, Thomas, esq
• Stuart, Charles I, king
• Stuart, James I, king
• Thorold, Edmund, gent
• Trumbull, Elizabeth (also Trumboll)
• Trumbull, William, clerk of the privy council (also Trumboll)
• Trumbull, William, gent (also Trumboll)
• Watson, John
• Weckerlin, George Rudolph, esq

Places mentioned in the case

• Belgium
  • Brussels
• Berkshire
  • Easthampstead
• Kent
  • Beltring
• Middlesex
  • Westminster
• Oxfordshire
  • Hardwick
• Spanish Netherlands
  • Brussels

Topics of the case

• comparison
• Court of Exchequer
• diplomat
• office-holding
• other courts
• privy council
• royal servant