Author Topic: Dates in C33 Court of Chancery  (Read 577 times)

Offline goldie61

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Dates in C33 Court of Chancery
« on: Wednesday 09 May 18 00:24 BST (UK) »
I have found some documents on the Waalt site in C33, but am unsure about the date of them. No date seems to appear on the actual page image - I guess it is back somewhere on another page.
Can anybody figure this out?
They are in C33/181, and for an Edward Fynney, James Fynney, William Fynney and Elizabeth Fynney.
Here is the link to the index on Waalt.
http://www.uh.edu/waalt/index.php/Modern_Index_for_C33/181
Am I right in thinking  the “T1642” and “H1642” refer to the year 1642?
Perhaps ‘Trinity’ and ‘Hilary’ terms?
(1642 would fit with the names of those Fynney names I have).

I have tried searching C33 on National Archives to cross reference, but looks as if I’m doing something wrong! - I don’t get any hits for ‘Fynney’.

Any enlightenment gratefully received!

Thanks very much
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Bookbox

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Re: Dates in C33 Court of Chancery
« Reply #1 on: Wednesday 09 May 18 01:07 BST (UK) »
This is the source for the images - the entry book for decrees and orders, 1641-1642
http://discovery.nationalarchives.gov.uk/details/r/C392337

It’s not name-indexed, which is why you’re getting no search results on Fynney. You're not doing anything wrong!

Michaelmas, Hilary, Easter and Trinity -- the law terms when each decree/order was made.

Unfortunately you won’t get the whole case with these images – only the decrees and orders.

Offline goldie61

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Re: Dates in C33 Court of Chancery
« Reply #2 on: Wednesday 09 May 18 07:24 BST (UK) »
Thanks Bookbox.
So better to try and find them via Waalt then.  :)
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Novak20

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Re: Dates in C33 Court of Chancery
« Reply #3 on: Friday 11 May 18 10:21 BST (UK) »
M, H, E & T, as Bookbox says, stand for the legal terms. So the first reference on that index entry is Hilary 1642. Hilary began late January and that fits in with the Feb dates on the page.

What is a little confusing is that the order/decree volume begins in Oct 1641 so it looks like entries on the AALT index page have modernised the year. I think your case falls in 1641/2.

The C33 volumes are usually most informative if a full decree is issued in court. This can issue in a full summary of the complaint and answer. In Fynney vs Gilbert, the parties appear to reach accommodation and the case is dismissed.

However, it looks like you are in luck and the original pleadings have survived:
http://discovery.nationalarchives.gov.uk/details/r/C5770799
hopefully that will give you a lot more information.
Johnson, Thacker, Clarke, Cawthorn, Scott, Sharpe, Jordan.


Offline goldie61

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Re: Dates in C33 Court of Chancery
« Reply #4 on: Friday 11 May 18 11:03 BST (UK) »
Thanks very much Novak.
I see the document in 'C2" on the link to National Archives is not digitised.
I don't think 'C2' papers are on the Waalt site? Unless you can have better luck than me trying to find it!
I have tried to get things from the Nat Archives before - takes an absolute age. Not possible to visit unfortunately from the other side of the world.
Put it on my list!
It would be interesting to see what it was all about - as you say, they seem to have come to an accommodation in those documents from Waalt.

Thanks for your interest.  :)
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Novak20

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Re: Dates in C33 Court of Chancery
« Reply #5 on: Friday 11 May 18 13:49 BST (UK) »
C1-16 contain the original pleadings to court -- these begin with the bill of complaint, then the answer from the defendant, replications, etc. Sometimes a case gets no further than the complaint, if the defendant concedes or an accommodation is reached out of court, or the complaint isn't pursued.

Complaints and answers are written up on vellum sheets (I'm not sure of later records - I expect they move to paper at some point) so can be quite unwieldy and difficult to digitize. AALT have made a start with early cases in C1, most of which have already been flattened out and framed so are easy to photograph, but it becomes more challenging for 17/18th century cases. So, I'm afraid it's not likely these will be available online for many years. However, the national archives indices of these records has been gradually improving making them easier to find.

If a case proceeds, there might be depositions taken (the Bernau index covers some of these) and various representations made to court by the attorneys and maybe, eventually, a verdict. These actions and verdicts are recorded in C33. So it's a massive step forward to have these on AALT (up to 1649) but many cases never get to this stage.

all the best,

Mike
Johnson, Thacker, Clarke, Cawthorn, Scott, Sharpe, Jordan.

Offline goldie61

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Re: Dates in C33 Court of Chancery
« Reply #6 on: Friday 11 May 18 23:29 BST (UK) »
Thanks for your explanations Mike.

All makes for interesting research - it wouldn't be fun if we were just handed everything on a plate! :)
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs