Warbelton v Gorges

Warbelton v Gorges
Lozengy or and azure, the arms subject of the 1347 dispute between Warbelton & Gorges. As depicted on the Dering Roll (1270/80) for Thomas de Warbotone[1]
CourtCourt of Honour
Full case name John de Warbelton v Theobald de Gorges
Decided1347
Holding
(1) The same undifferenced arms could not be held by two English armigers at the same time. (2) Warbelton demonstrated a superior claim to the arms Lozengy Or and azure, and Gorges must either difference the arms or choose new ones.
Court membership
Judges sittingLord Lancaster, Lord Huntingdon, Lord Cobham, Lord Manny, Lord Morley, Steven de Cosinton
Case opinions
Decision byPer curiam

Warbelton v. Gorges was one of the earliest heraldic law cases brought concerning English armory, in 1347. It concerned the coat of arms blazoned Lozengy Or and azure, that is a field of yellow and blue lozenges. The arms were borne by the unrelated families of Warbelton, from Hampshire,[2] and Gorges, from Somerset, apparently without knowledge of each other or their common usage, until John de Warbelton and Theobald de Gorges served together in the English army at the Siege of Calais in 1346/7. A gentleman's armorial bearings represented his very identity and were of enormous importance to him, both as a matter of family pride and for practical purposes of personal recognition in battle and in legal seals. Warbelton made a formal complaint to the officer appointed by the king to resolve such matters, namely Henry of Grosmont, Earl of Lancaster, seneschal of England, who was commanding the English forces. A 6-man court of honour was convened and the pair were cross-examined, with evidence being sought from knights of their own localities also serving at the siege.

New arms of Theobald Russell "de Gorges" adopted following the judgement of 1347, known as "Gorges Modern": Lozengy or and azure, a chevron gules

The case was won by Warbelton, who proved a better title to the arms, and Gorges, in order not to contravene the judgement, retained the arms with the addition of a chevron gules (red chevron) for difference. The charter drawn up in 1347 to record the judgement is preserved in the College of Arms, from which an accurate drawing was made when it was in the possession of Peter Le Neve during his tenure as Norroy King of Arms (1704–1729),[3] which facsimile forms folio 144 of Ashmole manuscript 1137 preserved in the Bodleian Library, Oxford. At the time of the drawing it still had appended to it 5 of the original 6 seals, which provide valuable heraldic information. The timing of the case is of importance, coming just one year before the very height of the "Age of Chivalry", symbolised by the founding by King Edward III of the Order of the Garter (1348), accompanied by a lavish tournament (which was heraldry's greatest showcase) at Windsor Castle.

  1. ^ Dering Roll, number 122
  2. ^ The Warbeltons bearing these arms were from Preston Candover and Sherfield-on-Loddon, Hants., not the family of Warburton/Warbleton etc. from Cheshire, as Raymond Gorges op.cit relates. The Victoria County History, Hampshire, makes reference to John W. son of John W., matching with the reference in the Calais charter of 1347. No such related names feature in the pedigree of the Warburtons of Arley Hall, Cheshire
  3. ^ A footnote on the facsimile reads: C.V.? excudebat ab autographo penes Petr Le Neve armigerum Norroy Regem Armorum i.e. "C.V. (unknown artist) drew (this) from the document in possession of Peter Le Neve, esquire, Norroy King of Arms"