652 Trussell v Searle

652 TRUSSELL V SEARLE

John Trussell of Winchester, co. Hampshire, gent v Gilbert Searle of the same, gent

November 1637 - February 1638

Abstract

Trussell complained that Searle had given him the lie in open court at Winchester, Hampshire. Trussell was an alderman of the city and a captain of the trained bands who had served in the Irish wars. Process was granted on 30 November 1637 and on 12 February 1637/8 Dr Merrick refuted the libel on Searle's behalf, whereupon Lord Maltravers referred the case to arbitrators.

Initial proceedings

3/53, Plaintiff's bond

1 November 1637

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by John Trussell.

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

3/52, Certificate

'John Trussell, a gent. of an ancient family and <Captain of a trained band>, alderman of Winchester, having served in the wars in Ireland and elcewhere.

Gilbert Searle of Winchester defendant for giving him the lye in an open Court in Winchester with other provocations and reutterations.'

'Mr Dethick

I hold these 2 causes very fitt for the court, and I pray lett processes issue out'.

Signed by Arthur Duck.

30 November 1637.

Summary of proceedings

Dr Duck acted as counsel for Trussell and Dr Merrick for Searle. On 27 January and 3 February 1638 Searle was required to appear in response to a summons. On 12 February 1638 Dr Merrick refuted the libel, and then Lord Maltravers decreed on Merrick's petition that the matter be referred to referees.

Notes

John Trussell of the city of Winchester married Elizabeth, daughter of Mr Collis and widow of Gratian Patten. He was the son of John Trussell of Billesley, co. Warwick. Gilbert Searle did not appear in the pedigrees for the Serles of Afton.

W. H. Rylands (ed.), Pedigrees from the Visitations of Hampshire, 1530, 1575 and 1622-34 (Publications of the Harleian Society, 64, 1913), p. 223; G. D. Squibb (ed.), The Visitation of Hampshire and the Isle of Wight, 1686 (Publications of the Harleian Society, new series, 10, 1991), pp. 90, 92.

On 6 July 1637 an order was issued for the arrest of John Trussell for his failure to appear in court to answer the charges of John Blomer, esq.

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, 35, 2004), part 2, p. 430.

Documents

• Initial proceedings
  • Plaintiff's bond: 3/53 (1 Nov 1637)
  • Certificate: 3/52 (30 Nov 1637)
• Proceedings
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)
  • Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)
  • Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)

People mentioned in the case

• Blomer, John, esq
• Collis, Elizabeth
• Collis, Mr
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Merrick, William, lawyer
• Patten, Elizabeth, widow
• Patten, Gratian
• Searle, Gilbert, gent
• Trussell, Elizabeth
• Trussell, John, gent
• Watson, John

Places mentioned in the case

• Hampshire
  • Winchester
• Middlesex
  • Westminster
• Warwickshire
  • Billesley

Topics of the case

• arbitration
• giving the lie
• military officer
• other courts
• trained band