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Court of Common Pleas: The National Archives, CP40: 1399-1500
  • Details
  • Claims6
Citation
  • Jonathan Mackman and Matthew Stevens, "Court of Common Pleas: The National Archives, CP40: 1399-1500" (2010) (http://www.british-history.ac.uk/report.aspx?compid=118058&strquery=CP 40/587#s12).
Data
  • Category: Abstract
Detail
  • Author: Jonathan Mackman and Matthew Stevens
  • Publisher: 2010
Images
  • Court of Common Pleas: The National Archives, CP40: 1399-1500
Source Note
The authors have translated and abbeviated the pleas by using initials for individuals and then put their names in the appended table. Unfortunately, the names and not those found in the actual text, so cannot be relied upon.
Content
  • Text: Court of Common Pleas, CP 40/587, rot. 205

    Term: Michaelmas 1407
    County: London
    Writ type: Debt (bond)
    Damages claimed: £100
    Damages awarded: 40s
    Costs: 100s
    Case type: Bond
    Pleading: Elizabeth D., duchess of Norfolk, is in mercy for many defaults. John Carleton claims that duchess Elizabeth D., executor of the will of Robert G., owes him 100m per a bond made between the late RG on one part and John Carleton with the late Lewis C. on the other part. This money was to be paid to John Carleton and/or the late LC in payments of: 20m in Michaelmas 1403 (29/09/1403), 20m in Easter 1404 (30/03/1404), £20 in Michaelmas 1404 (29/09/1404), and £20 in Easter 1405 (19/04/1405). Damages are claimed at £100. Bond shown in court.

    Pleading: Duchess ED says that the action against her ought not continue because she made full administration of RG's goods and chattels at the time of his death. Duchess ED says that she has none of the late RG's goods nor chattels now, nor did she on the day of the making of the original writ.

    Pleading: John Carleton says that on the day of the making of the original writ duchess ED still had sufficient goods and chattels of the late RG to satisfy the debt, namely in 'the parish of All Hallows Ward of Langebourn', and seeks inquiry upon the country, and duchess ED seeks likewise. Order tot hw sheriff of London etc.

    Postea text: postea 1 - continuance between the parties as far as Easter term in five weeks 1408, unless the case is first heard before justice John Colpeper at the assize of St Martin le Grand on 12/05/1408.

    Postea text: postea 2 - case heard before justice John Colpeper and associate justice John G. at the assize of St Martin le Grand on 12/05/1408. A jury says on oath that on the day of the making of the original writ duchess ED was in possession of diverse goods and chattels of the late RG. John Carleton is to recover the said debt plus 40s damages for the detention and 100s for his costs surrounding the suit. John Carleton is to recover a total of £7. Noted below 'Damages £7 whence to the clerks 40s.'
                                Events
    Type  Place                              Date
    Bond  Langbourn Ward < London < England  (initial) 09/07/1403
                                             (due) 29/09/1403 < Michaelmas
                                             (due) 30/03/1404 < Easter
                                             (due) 29/09/1404 < Michaelmas
                                             (due) 19/04/1405 < Easter
    
                                Individuals
    Individual                  Status          Occupation  Institution        Place              Role
    Elizabeth D'Arundelle (f)   Duchess, Widow              Norfolk [dukedom]  Norfolk < England  Defendant, Executor
    John Carleton (m)                                                                             Plaintiff
    John Colpeper (m)                           Justice     St Martin Le Grand, Assize [court]    Justice
    John Godefray (m)                           Justice     St Martin Le Grand, Assize [court]    Justice
    Lewis Clifford (m) dec.     Knight                                                            Creditor
    Robert Goushill (m) dec.    Knight                                                            Debtor
    

    See http://aalt.law.uh.edu/H4/CP40no587/aCP40no587fronts/IMG_0403.htm and http://aalt.law.uh.edu/H4/CP40no587/aCP40no587fronts/IMG_0404.htm for scan of the actual pages in Latin of course.
Personal Names
PersonClaimDetailEvidence
Elizabeth de Arundell Dutchess of NorfolkNameDuchess E. D. [S1704]
secondary
Elizabeth de Arundell Dutchess of NorfolkNameDuchess Elizabeth D'Arundelle [S1704]
secondary
Elizabeth de Arundell Dutchess of NorfolkNameDuchess Elizabeth D. [S1704]
secondary
Robert Goushill of HoveringhamNameRobert G. [S1704]
secondary
Events & Attributes
PersonClaimDateDetailAgeEvidence
Robert Goushill of HoveringhamDeathbef Sep 29, 1403Norfolk, England [S1704]
secondary
Elizabeth de Arundell Dutchess of NorfolkFlourished1407Norfolk, England [S1704]
Court of Common Pleas as the executor of her deceased husband's (Robert Goushill) estate
secondary
Last Modified: August 11, 2011
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