643 Thornehurst v Frampton

643 THORNEHURST V FRAMPTON

Thomas Thornehurst of Affpuddle, co. Dorset, esq v William Frampton of Moreton, co. Dorset, esq

October 1637 - January 1638

Abstract

Thornehurst complained that in May 1637 Frampton had said in the parish of Affpuddle, Dorset, 'that I was a poor base beggarlie stinking fellow and that he would prove it.' The libel was presented on 14 October 1637 and on the same day the court referred the quarrel for arbitration to a group of senior Dorset gentry, consisting of Henry Hastings esq, Sir John Strangeways, Sir Thomas Trenchard and Richard Rogers, esq. A further reference to them had to be made on 27 January 1638.

Initial proceedings

15/1g, Libel

Thornehurst was descended from a family that had been gentry for up to 100 years, and was the son of Sir William Thornehurst, knight and his wife Anne Howard, daughter of Viscount Bindon, and grandson of Stephen Thornehurst, knight. In May 1637 Frampton had said in the parish of Affpuddle, 'that I was a poor base beggarlie stinking fellow, and that he would prove it', words provocative of a duel.

14 October 1637.

No signatures.

Summary of proceedings

Dr Merrick acted as counsel for Thornehurst and Dr Duck for Frampton. On 14 October 1637 the parties were required to be present upon warning, and the cause was referred to Henry Hastings esq, Sir John Strangeways, Sir Thomas Trenchard and Richard Rogers, esq, to arbitrate and settle an amicable agreement between them. The cause was referred again to arbitration on 27 January 1638.

Notes

G. D. Squibb, Reports of Heraldic Cases in the Court of Chivalry, 1623-1732 (London, 1956), p. 27.

Thomas Thornhurst of Affpuddle and later of Winfrith Newburgh, co. Dorset, esq, was the son of Sir William Thornhurst of co. Kent, knt, and Anne, daughter of Viscount Bindon in co. Dorset (d. 1633). Thomas married Jane, daughter of Brune Williams of Tyneham in the Isle of Purbeck, co. Dorset, esq, and then Ursula, daughter of John Willett of London. William Frampton of Moreton was baptised in 1608, the second son of William Frampton of Moreton and Elizabeth, daughter and coheir of Robert Broughton of Wembdon, co. Somerset. He matriculated at Queen's College, Oxford, in 1634, and married Catherine, daughter of John Tregonwell of Anderson (d.1665). He died on 16 August 1643.

G. D. Squibb (ed.), The Visitation of Dorset, 1677 (Publications of the Harleian Society, 117, 1977), pp. 26, 68.

Documents

• Initial proceedings
  • Libel: 15/1g (14 Oct 1637)
• Proceedings
  • Proceedings before Arundel: 8/26 (14 Oct 1637)
  • Proceedings before Maltravers: 8/27 (14 Oct 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)

People mentioned in the case

• Broughton, Elizabeth
• Broughton, Robert
• Duck, Arthur, lawyer
• Frampton, Catherine
• Frampton, Elizabeth
• Frampton, William, esq
• Hastings, Henry, esq
• Howard, Anne
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Howard, Thomas, viscount Howard of Bindon
• Merrick, William, lawyer
• Rogers, Richard, esq
• Strangeways, John, knight
• Thornehurst, Anne (also Thornhurst)
• Thornehurst, Stephen, knight (also Thornhurst)
• Thornehurst, Thomas, esq (also Thornhurst)
• Thornehurst, William, knight (also Thornhurst)
• Tregonwell, John
• Trenchard, Thomas, knight
• Willett, John
• Willett, Ursula
• Williams, Brune, esq
• Williams, Jane

Places mentioned in the case

• Dorset
  • Affpuddle
  • Anderson
  • Isle of Purbeck
  • Moreton
  • Tyneham
  • Winfrith Newburgh
• Kent
• Oxfordshire
  • Oxford, Queen's College
• Somerset
  • Wembdon

Topics of the case

• arbitration
• denial of gentility
• provocative of a duel
• University of Oxford