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12. Anne Lloyd v. Humfrey Lloyd and John Bradshaw403

Published online by Cambridge University Press:  13 October 2008

Extract

Parchment Bill of Complaint   19 October 1596   REQ 2/234/61, m. 1  171

Demurrer and Exceptions   23 October 1596   REQ 2/234/61, m. 3  175

Draft Court Order   25 October 1596 REQ 1/47  177

Draft Court Order    4 November 1596   REQ 1/47  177

Draft Court Order   6 November 1596   REQ 1/47  177

Draft Court Order   11 November 1596   REQ 1/47  178

Draft Court Order   15 November 1596   REQ 1/47  178

Parchment Demurrer and Answer   16 November 1596   REQ 2/234/61, m. 2  178

Draft Court Order   18 November 1596   REQ 1/47  182

Court Order   20 October 1597   REQ 1/19, p. 19  183

Court Order   25 October 1597   REQ 1/19, p. 104  183

Court Order   8 November 1597   REQ 1/19, p. 116  184

Court Order   29 January 1598   REQ 1/19, p. 224  186

Court Order   25 October 1598   REQ 1/19, p. 566  188

Court Order   27 November 1598   REQ 1/19, p. 612  189

Type
Research Article
Copyright
Copyright © Royal Historical Society 2008

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Footnotes

403

An edited version of the pleadings from this case, along with a report of the Common Pleas case that it inspired, is included in A.K.R. Kiralfy, A Source Book of English Law (London, 1957), pp. 301–311.

References

404 i.e. ‘jointure’.

405 Sur conuzance de droit tantum was a fine at the common law that discontinued the estate of the cognisor (the party who levied the fine of land) and gave possession to the cognisee (the party in whose favour the fine of land was levied), removing the need for a writ of seisin to enter on to the lands.

406 i.e. Cencoed (or Cefyn y Coed or Cefn Coed) in Carmathenshire.

407 i.e. ‘covenous’ – collusive or fraudulent (OED).

408 Brodsho's name is an addition.

409 The most likely candidate is John Walter of Ludlow, later Sir John, adm. Inner Temple November 1582 (bar June 1591); however, another possibility is John Walter of Barnard's Inn, adm. Gray's Inn 25 May 1582. See Inner Temple Records, vol. 1, pp. 371, 375; Gray's Inn Register, p. 61.

410 The top of the membrane has been repaired and the month and year are illegible, but it is presumably 14 October 1596.

411 ‘By warrant. 19 October [1596]. Because the below named defendant, Humfrey Lloyd, did not make answer to the bill written below so far as appears, let a writ of attachment be directed to the Sheriff of Glamorganshire to attach the body of the said Humfrey Lloyd, returnable immediately etc.’

412 Julius Caesar, Master of Requests 1591–1606 (see Appendix 2).

413 23 October 1596.

414 Thomas Hitchcock of London, adm. Lincoln's Inn 5 May 1578: see Lincoln's Inn Admissions, vol. 1, p. 87 (and see also p. 140).

415 Masters John Herbert and Julius Caesar presiding.

416 Masters John Herbert and Julius Caesar presiding.

417 Masters John Herbert and Julius Caesar presiding.

418 Master Julius Caesar presiding.

419 The scribe has mistakenly written ‘Henry’.

420 William Winter, who served as counsel in the Read cases (9 and 10) above. I have been unable to identify him in published Inns of Court admissions registers.

421 Master Julius Caesar presiding.

422 16 November 1596.

423 i.e. separated a mensa et thoro.

424 i.e. ‘yet’.

425 i.e. ‘from’.

426 These depositions do not appear to survive.

427 ‘In consequence’, or ‘by virtue of the consequence’.

428 i.e. ‘hear’.

429 Secret contrivances.

430 i.e. ‘person or persons’.

431 Master Julius Caesar presiding.

432 No record of this hearing survives.

433 The page is faded owing to water damage.

434 Master Julius Caesar presiding.

435 See also REQ 1/48.

436 Possibly Thomas Foster of London and Thavies Inn, adm. Lincoln's Inn 11 March 1574, although a Guy Foster of Bucks was admitted to Gray's Inn 10 May 1583. See Lincoln's Inn Admissions, p. 81; Gray's Inn Register, p. 63.

437 Appointed Chief Justice of Queen's Bench 2 June 1592 (Sainty, Judges of England, p. 10).

438 Masters Julius Caesar and John Herbert presiding.

439 I can find no entry for this date in REQ 1/48.

440 A slip for ‘October’.

441 ‘From day to day’, i.e. daily attendance without licence to depart from Westminster or London.

442 A slip for ‘October’.

443 Master John Herbert presiding (although Caesar was present later the same day).

444 Treating with contemptuous disregard (OED).

445 Masters Julius Caesar and John Herbert presiding.

446 i.e. ‘appraise’.

447 ‘Return the quinedene of Easter next [23–29 April 1599]’.

448 Master John Herbert presiding.

449 The Fleet prison, situated on the east bank of the River Fleet, off the Farringdon road.

450 The sheriff was Alban Stepneth and, while Humfrey did not take process forth against him, the two men ended up in court when Humfrey refused to pay the penalty attaching to a bond drawn up to ensure his appearance in Requests and Stepneth sued him for debt. See Stepneth v. Lloyd, CP 40/1610, m. 1157; Kiralfy, Source Book of English Law, pp. 308–311.

451 Master Julius Caesar presiding.

452 1597.