468 Norwood v Oldfield

468 NORWOOD V OLDFIELD

Nicholas Norwood of Wykeham, co. Lincoln gent v John Oldfield of Spalding, co. Lincoln, gent

December 1637 - February 1638

Abstract

Norwood complained that Oldfield had called him a 'base fellow', said that Norwood was 'not able to subsist', and that he 'was a poore condiconed fellowe and durst not fight.' Process was granted on 18 December and a commission to examine witnesses headed by Thomas Ogle, esq, was ordered to meet 3-5 April 1638 at the White Hart Inn, in Spalding, Lincolnshire; but no further proceedings survive.

Initial proceedings

3/69, Petition

'Whereas the petitioner being a gent of an ancient family hath beene lately very much abused by John Oldfield of Spaldinge in the said county, Oldfield callinge the petitioner base fellowe, and saying the petitioner was not able to subsist; and further in a manner provoking the petitioner to duell, sayd the petitioner was a poore condiconed fellowe and durst not fight.'

Petitioned that Oldfield be brought to answer.

Duck desired Dethick to grant process, 18 December 1637.

Signed by Arthur Duck.

13/1q, Citation

Oldfield to appear at the suit of Norwood for scandalous words provocative of a duel.

Dated 18 December 1637

Executed by Robert Dawson, 9 January 1638.

By special direction of Gilbert Dethick, registrar.

3/70, Plaintiff's bond

20 December 1637

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

Signed by Nicholas Norwood.

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

3/19, Defendant's bond

26 January 1638

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

Signed by George Farmer of Lyon's Inn, co. Middlesex, gent, on behalf of John Oldfield.

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

Summary of proceedings

Dr Duck acted as counsel for Norwood and Dr Parry for Oldfield. On 27 January 1638 Oldfield was required to appear and on 3 February Dr Parry was required to respond to the libel. The commissioners Thomas Ogle, esq, and George Langton, and also, Dymocke Walpole, esq, and William Hobson the elder, gent, were to meet from 3 to 5 April 1638 in the White Hart Inn, in Spalding, co. Lincoln.

Notes

Nicholas Norwood of Wykeham was the third son of Tyringham Norwood of Wykeham (d.1621) and Anne, daughter of Sir Henry Butler, knight, of co. Hertford (d.1633). Nicholas Norwood was allegedly indicted for High Treason at Grantham in 1643. John Oldfield of Spalding (1598-1659) signed the pedigree at the Visitation of 1634. He married Mary (1600-1658), daughter of John Blythe of Stroxton.

A. R. Maddison (ed.), Lincolnshire Pedigrees (Publications of the Harleian Society, 51, 1903), vol. 2, pp. 729, 735.

Documents

• Initial proceedings
  • Petition: 3/69 (18 Dec 1637)
  • Citation: 13/1q (18 Dec 1637)
  • Plaintiff's bond: 3/70 (20 Dec 1637)
  • Defendant's bond: 3/19 (26 Jan 1638)
• 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

• Blythe, John
• Blythe, Mary
• Butler, Anne
• Butler, Henry, knight
• Dawson, Robert
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Farmer, George, gent
• Hobson, William the elder, gent
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Langton, George
• Norwood, Anne
• Norwood, Nicholas, gent
• Norwood, Tyringham
• Ogle, Thomas, esq
• Oldfield, John, gent
• Oldfield, Mary
• Parry, George, lawyer
• Walpole, Dymocke, esq
• Watson, John

Places mentioned in the case

• Lincolnshire
  • Grantham
  • Spalding
  • Stroxton
  • Wykeham
• Middlesex
  • Lyon's Inn
  • Westminster

Topics of the case

• allegation of cowardice
• denial of gentility
• inns of court