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5. Dame Elizabeth Stafford v. Sir Humfrey Stafford105

Published online by Cambridge University Press:  13 October 2008

Extract

Court Order   11 February 1562   REQ 1/11, p. 20  35

Court Order   12 February 1562   REQ 1/11, p. 21  35

Parchment Rejoinder   [1562]   REQ 2/166/171, m. 1  35

Type
Research Article
Copyright
Copyright © Royal Historical Society 2008

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Footnotes

105

See also BL Lansdowne MS 125, fo. 140v; Caesar, The Ancient State, p. 185.

References

106 Masters Walter Haddon and Thomas Seckford presiding.

107 Originally fo. 10v.

108 Ktd. 22 February 1547: Shaw, Knights, vol. 2, p. 60.

109 Originally fo. 11.

110 The bill, answer, and replication from this case do not appear to survive.

111 The original mistakenly reads ‘defendant’.

112 i.e. ‘vouchsafe’.

113 The bishop's representative who headed the ecclesiastical commissary court.

114 By or at night.

115 i.e. separation a mensa et thoro.

116 Court procedures usually disallowed the introduction of new material after the bill and answer stage of pleadings, and Sir Humfrey's counsel seems to be justifying his inclusion of new matter by inferring that Elizabeth introduced new material in her replication.

117 The original mistakenly reads ‘defendant’.

118 The original reads ‘seene’.

119 i.e. ‘bruited’ – discussed or rumoured.

120 Tracts of land adjacent to or on the fringes of a forest.

121 i.e. ‘an arrow shot’: see OED, ‘flight shoot’.

122 The original mistakenly reads ‘defendant’.

123 Blatherwick in Northamptonshire, the site of Sir Humfrey's main residence. (Sir Humfrey did not begin building Kirby Hall, the partly ruined mansion near Corby that survives to this day, until 1570: see Summerson, John, Architecture in Britain 1530 to 1830 (Harmondsworth, 1963), p. 18.)Google Scholar

124 i.e. ‘hard’.

125 ‘Whoreishly’; like a whore.

126 Probably ‘familiar’ in the sense of an intimate friend rather than of a familar spirit or witch's familar, but see the reference later in the rejoinder to her having ‘some secret comforte’.

127 i.e. ‘through’.

128 i.e. ‘account’.

129 Sir Roger Cholmley, adm. Lincoln's Inn c.1506 (bench 1520), created serjeant-at-law 1531, ktd. 1534, appointed Chief Baron of the Exchequer 11 November 1545, Chief Justice of King's Bench 21 May 1552, returned to the bar under Mary, d. 21 June 1565. See J.H. Baker, ‘Cholmley, Sir Roger’, in Oxford DNB; Shaw, Knights, vol. 2, p. 67; Sainty, Judges, pp. 9, 95.

130 A prison, usually for debtors.

131 i.e. ‘door’.

132 Break or fracture.

133 i.e. ‘creature’.

134 i.e. ‘ears’.

135 Sheriff of Northants, ktd. 1553. See APC 1554–56, p. 9; Shaw, Knights, vol. 2, p. 67.

136 Canon law allowed persons accused of sins or spiritual crimes to clear their names by swearing their innocence on oath in a spiritual court supported by the oaths of several of their peers.

137 i.e. ‘allies’.

138 i.e. ‘once’.

139 The membrane is damaged.

140 The highest court of the Archbishop of Canterbury. Unfortunately the records of this court for this year do not survive.

141 Possibly Roger Manwood, b. Sandwich 1525, adm. Inner Temple and called to bar some time before 1555, created serjeant-at-law 1567, MP for Sandwich, Justice of Common Pleas 14 October 1572, Chief Baron of the Exchequer 17 November 1578. See Baker, Serjeants at Law, pp. 171–172, 525; Foss, Judges, pp. 430–431; see also Dyer's Reports, pp. 129, 192. Another candidate is Henry Marwood, adm. Lincoln's Inn 7 June 1532: see Lincoln's Inn Admissions, vol. 1, p. 47.