15 Attwood v Frogmer

15 ATTWOOD V FROGMER

John Attwood of Bevere Island, Claines, co, Worcester, gent v Rowland Frogmer of Claines, co. Worcester, gent

February - October 1638

Abstract

Attwood charged Frogmer with saying that he was not 'a right Attwood, nor of the parentage and suggested right family of Attwoods, but the bastard of one Littleton who gave him his estate in Bevarie.' This Littleton was said to be descended from 'Judge Littleton the famous lawyer', as was Attwood's mother. Frogmer was cited to appear before the Court of Chivalry on 24 February 1638. On 20 October 1638 the court was informed that although Dr Duck's witnesses for the prosecution had been examined upon the libel, the cause was to be settled by arbitration and agreement.

Initial proceedings

7/53, Petition

The petitioner was 'discended of an ancient family of Esqrs in the County of Worcester, being the eldest sonne of Anthony Attwood' of Woverley, co. Worcester, esq.

'Your petitioner and his family have lately suffered much injurie and disgrace by reason of divers opprobrious and contemptible words uttered against him by one Rowland Frogmore of Claynes who sayd in the presence of divers witnesses that your petitioner was "not a right Attwood, nor of the right family of Attwoods, but the bastard of one Littleton who gave him his estate in Bevarie": which Littleton is discended from "Judge Littleton the famous lawyer": and the mother of the petitioner is descended from Judge Littleton.'

Petitioned that Frogmer be brought to answer.

Dr Duck granted process on 24 February 1638.

15/2d, Citation

Frogmer was to appear at the suit of Attwood for scandalous words provocative of a duel.

Dated 24 February 1638

By special direction of Gilbert Dethick, registrar.

Summary of proceedings

Dr Duck acted as counsel for Attwood and Dr Eden for Frogmer. On 20 October 1638 the court was informed that although Dr Duck's witnesses for the prosecution had been examined upon the libel, the cause was to be settled by arbitration and agreement, with the court's approval.

Notes

John Attwood was the son of Anthony Attwood of Woverley, co. Worcester, esq. Rowland Frogmer of Claines had married Elizabeth daughter of Humfrey Littleton of Shreves Naunton. As the will of Rowland Frogmer was proved in 1639, the defendant may have been his second son, another Rowland Frogmer. Claines and Bevere lie on the River Severn just north of Worcester.

A. T. Butler (ed.), The Visitation of Worcestershire, 1634 (Publications of the Harleian Society, 90, 1938), pp. 6-7, 37, 64; A. Mawer and F. M. Stenton, The Place Names of Worcestershire (English Place Name Society, 4, 1927), p. 111.

Documents

• Initial proceedings
  • Petition: 7/53 (24 Feb 1638)
  • Citation: 15/2d (24 Feb 1638)
• Proceedings
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)

People mentioned in the case

• Attwood, Anthony, gent (also Atwood)
• Attwood, John, gent (also Atwood)
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Eden, Thomas, lawyer
• Frogmer, Elizabeth (also Frogmore)
• Frogmer, Rowland, gent (also Frogmore)
• Howard, Thomas, earl of Arundel and Surrey
• Littleton, Humfrey

Places mentioned in the case

• Worcestershire
  • Bevere
  • Claines
  • Shreves Naunton
  • Woverley
  • River Severn

Topics of the case

• allegation of illegitimacy
• denial of gentility