454 Muschamp v Waterhouse

The Court of Chivalry 1634-1640.

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'454 Muschamp v Waterhouse', in The Court of Chivalry 1634-1640, (, ) pp. . British History Online https://www.british-history.ac.uk/no-series/court-of-chivalry/454-muschamp-waterhouse [accessed 25 April 2024]

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454 MUSCHAMP V WATERHOUSE

Christopher Muschamp, gent v Henry Waterhouse, gent

April 1636 - April 1637

Abstract

For the background to this case see Waterhouse's countersuit [cause 689]. Muschamp's witnesses had been examined by May 1636 and Dr Eden began Waterhouse's defence in June. On 29 April 1637 the officers of arms certified Muschamp's gentility and he was awarded damages of £30 and expenses of 20 marks.

Summary of proceedings

Dr Duck acted as counsel for Muschamp and Dr Eden for Waterhouse. On 7 May 1636 the commissioners were to send their examinations of Muschamp's witnesses to the court. On 15 June 1636 Dr Eden sought the admittance of defensive material and examinations that Dr Duck refuted, so Dr Eden was required to prove them. On 28 January 1637 Dr Eden was required to prove the material for the defence and to send to the commissioners. On 11 February 1637 the court was required to hear the sentence at the next sitting, along with the certificates from the officers of arms to prove Muschamp's gentility. On 16 February Dr Duck petitioned that Waterhouse be warned to pay 20 marks in taxes by the first session of the Easter term. On 29 April 1637 the court was due to hear sentence and there was mention of a certificate from the officers of arms to prove Muschamp's gentility. Damages of £30 and expenses of 20 marks were awarded to be paid in Easter and Michaelmas terms.

Notes

On 2 April 1638 Walter Wyberd, his wife Joan, and John Wyberd, gent, were licensed to alienate the manor of Colchester Hall, and five messuages in Takeley, Elsenham, Broxted, Canfield and White Roding, co. Essex to Christopher Muschamp, gent. On 1 December 1638 Michael Grevill, gent, and his wife Anne, were licensed to alienate two messuages in Takeley to Christopher Muschamp, esq, and his wife Anne.

J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-1640 (List and Index Society, special series, 36, 2004), part 3, pp. 721, 731.

Documents

  • Proceedings
    • Undated proceedings: College of Arms MS. 'Court of Chivalry' (act book 1636-8) [pressmark R.R. 68C] (hereafter 68C), fos. 64r-67r (c. Apr 1636)
    • Proceedings before Arundel: 68C, fos. 89r-100r (May 1636)
    • Proceedings before Maltravers: 68C, fos. 74r-83v (7 May 1636)
    • Proceedings before Maltravers: 68C, fos. 112r-121v (Jun 1636)
    • Proceedings before Sir Henry Marten: 68C, fos. 111r-v (15 Jun 1636)
    • Proceedings before Arundel: 68C, fos. 51r-59r (28 Jan 1637)
    • Proceedings: 68C, fos. 23r-36v (11 Feb 1637)
    • Proceedings: 68C, fos. 1r-11r (16 Feb 1637)
    • Proceedings: 68C, fos. 14r-20v (16 Feb 1637)
    • Proceedings: 68C, fos. 37r-41v (29 Apr 1637)

People mentioned in the case

  • Duck, Arthur, lawyer
  • Eden, Thomas, lawyer
  • Grevill, Anne
  • Grevill, Michael
  • Howard, Henry, baron Maltravers
  • Howard, Thomas, earl of Arundel and Surrey
  • Marten, Henry, knight
  • Muschamp, Anne (also Muschampe)
  • Muschamp, Christopher, gent (also Muschampe)
  • Waterhouse, Henry, gent
  • Wyberd, Joan
  • Wyberd, John, gent
  • Wyberd, Walter

Places mentioned in the case

  • Essex
    • Broxted
    • Canfield
    • Colchester Hall
    • Elsenham
    • Takeley
    • White Roding