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7. Gawine Smith v. Elizabeth Smith et al.

Published online by Cambridge University Press:  13 October 2008

Extract

Parchment Interrogatories   [1592]   REQ 2/132/29, m. 4  61

Paper Depositions   8 May 1592   REQ 2/132/29, m. 1  63

Parchment Depositions   28 May 1592   REQ 2/132/29, m. 3  65

Parchment Interrogatories   [1592]   REQ 2/132/29, m. 8  66

Paper Depositions   2 June 1592   REQ 2/132/29, m. 5  68

Court Order   3 February 1593   REQ 1/17, p. 32  69

Draft Court Order   7 June 1594   REQ 1/46  69

Draft Court Order   10 June 1594   REQ 1/46  70

Court Order   9 November 1594   REQ 1/18, p. 61  70

Court Order   25 November 1594   REQ 1/18, p. 97  71

Type
Research Article
Copyright
Copyright © Royal Historical Society 2008

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References

163 The pleadings from this case do not appear to have survived.

164 The coachmaker and engineer who lived outside Aldgate. See Harkness, Deborah, The Jewel House: Elizabethan London and the Scientific Revolution (New Haven, CT and London, 2007), pp. 162, 219Google Scholar; Adams, S.L., ed., Household Accounts and Disbursements Books of Robert Dudley, Earl of Leicester, 1558–1561, 1584–1586, Camden Society fifth series, 6 (Cambridge, 1995), pp. 273, 286Google Scholar; Lang, R.G., ed., Tudor Subsidy Assessment Rolls for the City of London: 1541 and 1582, London Record Society Publications 29 (London, 1993), p. 271Google Scholar.

165 i.e. ‘heard’.

166 1587.

167 Baker of brown or rye bread.

168 Written documents, decrees, writs, etc.

169 i.e. ‘implements’.

170 i.e. ‘term’.

171 The membrane is torn and faded around a fold.

172 The suggestion here is that, in agreeing to the alleged assignment of property, Elizabeth gave up her common law right to claim dower, traditionally a life interest in one third of any unencumbered real property (lands) that her husband held in fee during his lifetime, claimable through a writ of dower.

173 Easter Term [12 April–8 May] 1592.

174 ‘Depositions taken at Westminster on 8 May 1592 on the part of Elizabeth Smith and others, defendants, against Gawyn Smith, plaintiff.’

175 i.e. ‘voyage’.

176 I can find no record of a William Miller in the Gray's Inn admission registers or pension book, although there are two Thomas Millers, adm. 1555 and 3 August 1592 (see Gray's Inn Register, pp. 26, 81).

177 Ralph Pudseye of Staple's Inn, adm. Gray's Inn 1575: see Gray's Inn Register, p. 48; see also Gray's Inn Pension Book, pp. 49, 83, 87, 90, 99.

178 1587.

179 Easter Term [12 April–8 May] 1592.

180 ‘Depositions taken at Westminster on 2 June 1592 on the part of Gawyn Smith, plaintiff, against Elizabeth Smith, Arthur Norton, and others, defendants.’

181 Replaces ‘twayne’.

182 4 May.

183 The order book for this date has not survived.

184 This draft order book is not paginated.

185 Thomas Harris, created serjeant-at-law 1589: see Baker, Serjeants at Law, p. 516; and see Robinson, Richard, A Briefe Collection of the Queenes Majesties Most High and Most Honourable Courtes of Recordes, ed. Rickard, R.L., Camden Miscellany, vol. 20 (London, 1953), p. 18Google Scholar.

186 Masters John Herbert, John Aubrey, and Julius Caesar presiding.

187 This draft order book is not paginated.

188 I can find no entry concerning this case for Friday 14 June.

189 Master Julius Caesar presiding.

190 Masters John Herbert and Julius Caesar presiding.

191 John Hele, created serjeant-at-law 1594 and later appointed Queen's serjeant in 1602, ktd. 23 July 1603: see Baker, Serjeants at Law, p. 517; Sainty, Law Officers, p. 17.

192 This appears to be the final reference to this case in the archive.