The Cause Papers

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CP.F.163

Reference:This field gives the reference for the cause. Please use this when ordering copies of documents or in citations.

Repository:Indicates which archive repository holds the original documents for the cause.

Court:Indicates in which court the case was held. Different courts had different functions, but overlapped in procedure and personnel.

Case: Shows what type of case this record relates to. For instance, the case might involve an accusation of Defamation or a Violation of Church Rights. If known, this field also provides some more specific details about the case, given in brackets. For example, a Defamation case might relate to sexual slander, in which instance you would see 'Defamation (sexual slander)' on screen. A list of both general and specific types of case can be found in the background information referred to at the top of this page. For Tithe cases, the specific details indicate the types of crop or livestock on which tithes were being claimed.

Details:In order, this shows how many pieces (separate manuscripts) the original documents comprise, and whether these include depositions (written statements, generally from witnesses), a libel (a written accusation made by the plaintiff or defendant), and a sentence (issued by the judge and giving the outcome of the case).

Outcome:This shows the outcome of the case (if known). Except in a few instances, this is restricted to a statement of who won and whether the sentence was appealed against.

Date This field shows the start and end date of the cause. This can differ from the events to which it referred, sometimes by years or even decades. If provided in the format day/month/year or month/year, this information is exact and has usually been taken from the citation ordering the defendant to come to court (for start dates) and the sentence (for end dates). If just a year is given, this information may be exact or approximate. Sometimes the project team were unable to accurately date the documents, in which case they either left this field blank or estimated a century (thus some records seem to span a whole century).
Dates are given as they appear in the documents. This means that before 1752 (when Britain adopted the modern, Gregorian calendar) they appear in the Julian calendar format, in which the year starts on March 25th. In this system, December 1690 is followed by January 1690, not January 1691. It is thus entirely possible to have a cause which starts in, say, October 1530 and finishes in February 1530.

View the Case Abstract: If available, this button indicates that you can read a short abstract of the cause: a summary compiled from research on the original documents.

Order copies of this document This link to an on-line form allows you to order copies of the original documents relating to this cause at the Borthwick Institute for Archives. Please remember to include the cause reference. If you wish to arrange a visit to see the documents in person, please contact us.

Reference:CP.F.163

Repository:Borthwick Institute GB 193

Court:Curia Ebor

Case:Testamentary (widow claiming dower)

Details:26 Pieces; Has deposition; Has libel; No sentence

Outcome:

Date: 27/02/1427 — 07/12/1429

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Understanding a cause paper record

People & Places

This section provides information about the participants in the cause. Only fields for which the database holds information are shown.

Participant: This field provides a number of details about the participant's name. To understand this information, it is necessary to appreciate that names in the database have been standardized. Standardization was necessary to cope with the fact that the older records were written in Latin, and the fact that historically spellings of names were inconsistent (sometimes even in the same document). An example of a participant field might be:

Participant:Alice Elland [Eland; Elande]
The first piece of information shown is the participant's given name. These were always recorded in a standard form, if necessary translating from Latin. Accordingly in some instances the record does not reflect the spelling in the documents. For example variants of forenames were converted to one standard, e.g. Maria was always rendered as Mary. Short versions of names (such as Allie for Alice) were also converted to a standard form. Your search may therefore not work if you use a given name which has more than one form. The Given Name field was also used to record corporate names such as 'Churchwardens of X'.
The project team recorded surnames in the way they appeared in the documents. These surnames were then standardized to correct for variations in language and spelling. The second piece of information in the participant field shows the standardized form attached to the participant's surname, highlighted in bold - in this example Elland. If you asked the database to search for names including variants, you may return some unexpected results: for instance searching 'Green' will also return hits for 'Grene'. Turn off the 'include variants' box in the search screen to look for a specific version of a surname.
The final piece of information in this field shows you how the name is spelt in the original documents. This is seen in brackets after the standard form, and may be the same as this. If there is more than one spelling listed in the brackets, it indicates that this variation was observed in the original documents. In our example, [Eland; Elande] shows that the participant's name was recorded as both Alice Eland and Alice Elande.

Alternative Name: This field shows any alternative names identified for this participant. These might arise, for instance, from recording a married woman's maiden name.

Role: Shows the participant's role in the cause, such as defendant, plaintiff or witness. In some instances it was not possible to identify a role: these are listed as 'undefined'. In testamentary (and some other) cases, the name of the deceased person whose estate was in dispute was recorded as 'testator', but this does not necessarily mean that they left a will. If the role is recorded as appellant or appellate, this indicates that the judge's decision (in favour of the appellate) was appealed against by the appellant. These parties are thus usually the plaintiff or defendant in the original cause. It was possible to promote a case without being the official plaintiff (in which instance the role is given as 'promoting parties'), or to intervene in a case being contested by someone else ('intervening parties'). The role of 'executor' indicates that the individual acted as executor/trix of an estate. The role of 'guardian' shows that the participant acted as legal guardian to a minor (sometimes just for the purposes of the cause). If a guardian or executor acted in a more important role in the cause (such as plaintiff or defendant), that role has taken precedence in the description.

Details: If known, this field shows (in order) the sex and age of the participant and any information about their status. Ages show the participant's age at some point during the period bounded by the start and end dates of the cause, but it may be possible to identify this more exactly by consulting the original documents, from which the information is taken. If two ages are given this is reflected in the record. The participant's recorded age may not be their actual age. They may, for instance, have given an approximation. Additionally, if they are recorded as being 21, this may merely indicate that they are 21 and over (this was a legally significant age) and not that they were actually 21.

Status: Status is one of the most wide-ranging categories in the database. Information given here may include that relating to family relationships; obvious designations of noble status such as 'Esquire'; details of marital status such as 'widow' or 'married to X'; imprecise references relating to age/name, such as 'junior', 'senior' or 'the younger'; clerical titles such as 'clerk'; statements in the original documents indicating poverty or ill-health (such as 'infirm'); information about legal status (such as 'minor'), and a record of whether the participant filled an unpaid role such as church or chapel warden. In addition, 'Yeoman', an ambiguous title indicating something of both status and employment, is included here.

Employment: Indicates the participant's recorded employment. These details were generally recorded in a standard form, modernizing spelling and translating from Latin if necessary. This field sometimes contains brief descriptions from the project team describing the occupation, or their decisions on translation and standardization if problematic.

Location: Provides information on locations associated with the participant, most commonly relating to place of residence (either current at the time of the case or previous). There may therefore be more than one location listed for each person. For further information on how to interpret the information on this field, please see the section on places below.

Notes: This field was used by the project team to provide any significant additional information about the participant, and sometimes to highlight unusual or problematic features about the cause.

Participant:Margaret relict of John Collinson [Colynson]

Role:plaintiff

Details:female

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale, Kirkby in Kendale) : ecclesiastical parish

Participant:John Goldsborough [Goldesburgh]

Role:defendant

Details:male; clerk

Employment:chaplain

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby Kendale, Kirkby in Kendall) : ecclesiastical parish

Notes:Executor of the testament of John Collinson.

Participant:Robert son of John Collinson [Colynson]

Role:defendant

Details:male

Participant:John Collinson [Colynson; Colinson]

Role:testator

Details:male; deceased

Participant:William Driffield [Dryffeld]

Role:prosecution proctor

Details:male; clerk

Employment:proctor

Participant:John Willingham [Wyllyngham]

Role:defence proctor

Details:male; clerk

Employment:proctor

Participant:William Kereby [Kereby]

Role:witness

Details:male; 60; clerk

Employment:public notary

Location:Thornton In Lonsdale (YorkshireWestRiding)

Place(s):Thornton in Lonsdale (Thornton in Lonesdale) : undefined

Participant:John Chambers [Chambye]

Role:witness

Details:male; 56

Location:Howes (Howes) : undefined
Cannot identify

Place(s):Kendal (Westmorland)
Kirkby in Kendal (Kyrkby in Kendale) : undefined

Participant:John Denison [Denyson]

Role:witness

Details:male; 56

Location:Barnesdale (Barnesdale) : undefined
Cannot identify

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : undefined

Participant:Thomas Ward [Ward]

Role:witness

Details:male; 40; clerk

Employment:chaplain of Kirkby in Kendal

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendal) : ecclesiastical parish

Participant:Christina

Role:witness

Details:female; 20

Employment:servant of John Layburn

Notes:This deponent is named 'Christiana serviens Johannis Layburn'.

Participant:William Southwell [Suthwell]

Role:witness

Details:male; 35; clerk, master

Employment:vicar of the parish of Kirkby Lonsdale

Location:Kirkby Lonsdale (Westmorland)

Place(s):Kirkby Lonsdale (Kyrkby in Lonesdale) : ecclesiastical parish

Participant:Robert Lister [Litster]

Role:witness

Details:male; 50; clerk

Employment:rector of the church of Harthill

Location:Harthill (YorkshireWestRiding)

Place(s):Harthill (Herthill) : ecclesiastical parish

Participant:Henry Wright [Wryght]

Role:witness

Details:male; 40

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:Robert Lord [Lord; Lorde]

Role:witness

Details:male; 40

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:William Moyse [Moyser]

Role:witness

Details:male; 40

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:John Kirkby [Kyrkby]

Role:witness

Details:male; 40; clerk

Employment:chaplain of the parish of Burton

Location:Kendal (Westmorland)

Place(s):Burton (Burton) : ecclesiastical parish

Participant:John Warren [Waren; Waryn; Warin]

Role:witness

Details:male; 46

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : undefined

Participant:John Botiller [Botiller; Botteller]

Role:witness

Details:male; 30

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : undefined

Notes:Cannot identify the surname 'Botiller'

Participant:Hugh Goldsmith [Goldsmyth]

Role:witness

Details:male; 26

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:Robert Dockeray [Dokwra]

Role:witness

Details:male; 60

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:William Robinson [Robynson]

Role:witness

Details:male

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale) : ecclesiastical parish
Underbarrow (subtus Bergh, Undour Bergh) : undefined

Participant:John Harrison [Herison; Herryson]

Role:witness

Details:male; 36

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale) : ecclesiastical parish
Underbarrow (subtus Bergh, Undour Bergh) : undefined

Participant:Simon Bridge [de Brigges; del Brygges]

Role:witness

Details:male

Location:Heversham (Westmorland)

Place(s):Heversham (Heversham) : undefined
Heversham (Westmorland)
Crosthwaite cum Lyth (Lyth) : undefined

Participant:William Hertlay [Hertlay]

Role:witness

Details:male; 60

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale, Kirkby in Kendall) : ecclesiastical parish

Participant:Thomas Wastall [Wastell]

Role:witness

Details:male; 24

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale, Kirkby in Kendale) : ecclesiastical parish

Participant:Robert Gask [Gask]

Role:witness

Details:male; 26; clerk

Employment:chaplain

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale, Kirkby in Kendall) : ecclesiastical parish

Participant:John Wright [Wryght]

Role:witness

Details:male; 19; clerk

Employment:deacon in the parish of Kirkby in Kendal

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale, Kirkby in Kendall) : ecclesiastical parish

Participant:William Esdaile [Eschedale; Eschdale]

Role:witness

Details:male; 40

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale) : undefined
Westmorland

Bolton (Bolton) : ecclesiastical parish
Westmorland

Kendal (Kendale) : rural deanery

Participant:Thomas Moyse [Moyses]

Role:witness

Details:male; 45

Location:Bothom (Bothom) : ecclesiastical parish
Cannot identify

Place(s):Kendal (Westmorland)
Kendal (Kendale) : ecclesiastical parish

Participant:John Newpage [Neupage; Newpage]

Role:witness

Details:male; 26

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale) : ecclesiastical parish

Participant:Thomas Haygarth [Haygarth]

Role:witness

Details:male; 36

Location:York, St Peter The Little (Yorkshire)

Place(s):York, St Peter the Little (Sanctus Petrus parva) : ecclesiastical parish

Participant:William Southwell [Suthwell]

Role:witness

Details:male; 36; clerk

Employment:vicar of Kirkby Lonsdale

Location:Kirkby Lonsdale (Westmorland)

Place(s):Kirkby Lonsdale (Kirkby in Lonesdale) : ecclesiastical parish

Participant:John Gressingham [Gyrssyngham; Gressyngham]

Role:witness

Details:male; 50; clerk

Employment:rector of the parish church of Claughton, Lancs

Location:Claughton (Lancashire)

Place(s):Claughton (Claghton) : ecclesiastical parish

Participant:John Kirkby [Kirkby]

Role:witness

Details:male; 36

Location:Kendal (Westmorland)

Place(s):Kendal (Kyrkby in Kendale) : ecclesiastical parish

Associated Places

All locations mentioned in each cause were recorded by the project team. Places associated with participants appear under their data. Locations which featured in the documents but which were not attached to a particular individual appear in the 'Associated Places' section. Searches for place-names can lead to either or both sections of the record. To understand how locations are presented, it is necessary to bear in mind that place-names have been standardized to account for historic variations in language and spelling.

For each place, the project team recorded a modern version of the place-name. Listed after this in brackets is the original spelling of that name (and any noted variations in spelling), as given in the documents for that cause. If obvious, the project team also noted what type of place it was, such as a field, town or parish; otherwise this was left as 'undefined'. Note that if a place is listed as a 'field name', this may indicate either a specific field or group of fields.

The team then assigned each place to a standardized, large, modern location: normally a parish, town, city or county. These standard locations appear in bold type in the database. Each place listed after a standard location indicates that it is either within that location or identical to it.

An example might be:

Location:Whitby (YorkshireNorthRiding)

Place Names:Whitby (Whitbie, Whiteby): ecclesiastical parish
Robin Hood's Bay (Robin Hood Bay): township

In this example, the project team identified two places in the cause associated with the modern, standardized place of Whitby. These were the parish of Whitby (spelt Whitbie and Whiteby in the original documents) and Robin Hood's Bay (spelt Robin Hood Bay in the original documents), a township within Whitby.

Location:Kendal (Westmorland)

Place(s):Kirkby in Kendal (Kyrkby in Kendale) : township
Kendal (Kyrkby in Kendale, Kyrkby in Kendal) : ecclesiastical parish

Location:Westmorland

Place(s): Lonsdale (Lonesdall) : rural deanery

Location:Westmorland

Place(s): Kendal (Kendall) : rural deanery

'The Cause Papers' was developed by The Borthwick Institute for Archives at The University of York Library and Archives with technical development provided by The Humanities Research Institute at The University of Sheffield