Billing has attained an undeserved posthumous notoriety as a result of the vitriolic attack on his probity by one of his successors as chief justice, John, Lord Campbell† (1779-1861). Campbell’s account has little or no basis in the contemporary record and reads as deliberate distortion.
If, however, Billing had little to look forward to by way of parental inheritance, he was able, very early in his career, to make a remunerative marriage. By 1415 he had married Katherine Giffard. Although she was not an heiress at common law, she was heir-in-tail to the manor of Astwell in south-west Northamptonshire. This had been settled in jointure on the marriage of her parents, and thus, while the bulk of her father’s lands had fallen to her infant half-brother, Thomas (b.c.1408), on their father’s death in 1409, Astwell came to her.
Soon after the marriage Billing attempted to prove that his new wife’s inheritance comprised not only the manor of Astwell but also those of Hellidon (Northamptonshire) and Twyford (Buckinghamshire). In Michaelmas term 1416 he claimed that in 1395 these two manors had been entailed on his wife’s parents and should thus pass to her rather than her younger half-brother, Thomas Giffard. The claim was not without merit in that his wife’s father seems to have settled the two manors on both his wives in jointure. Giffard, however, could also claim on the basis of an earlier entail upon his paternal grandparents, and there is no evidence that Billing ever acquired possession. Indeed, albeit not until 1458, he and his wife conceded, by common recovery, Giffard’s superior title.
The evidence of Billing’s early marriage stands in contradiction to the known chronology of his legal career. Not until the mid 1430s did he begin to be active as a lawyer in his native Northamptonshire, and it has been speculated that he gave his first reading at Gray’s Inn between 1435 and 1437.
Leaving this mystery aside, Billing began to appear regularly in the records from the mid 1430s. In 1435, described as ‘of Great Houghton’, he offered surety in King’s bench for a husbandman of Norfolk and three minor gentry of Kent; and in 1437 he was named as a remainderman in the manor of Ashton near Northampton, probably in the interest of John Brauncepath* and his wife, Juliana, widow of (Sir) John Culpepper*.
Billing’s career advanced rapidly in the mid 1440s. In the early years of the decade he played a modest part in the public affairs of his native county. On 28 Dec. 1441 he attested the county election, in company with John Billing, who was probably his brother, and on 20 Nov. 1443 he was added to the quorum of the county bench. By the latter date he was already in the employment of the duchy of Lancaster. This, at least, is the conclusion to be drawn from his nomination, on the following day, to inquire into wastes in the duchy manor of Daventry. By the following 14 Apr., when he held an inquiry at Syresham near Astwell, he was acting as lieutenant of Viscount Beaumont, steward of part of the duchy lands in the county. Such employment would probably have been sufficient for one of lesser ambition, but his talents demanded a wider stage, and, with his election as common serjeant of London in the autumn of 1444, he secured an office that was almost bound to lead to further progress in the legal profession. Since the common serjeantcy was then the almost exclusive preserve of fellows of Gray’s Inn, it was an obvious way for him to further his career.
With his readings complete, Billing was retained as an apprentice-at-law by the duchy and appointed to the deputy-stewardship of its northern part. It was also probably at about this time that he was retained as an apprentice by Queen Margaret.
With professional advancement came a growing involvement in the affairs of the gentry of the Midlands. In June 1443 the wealthy Leicestershire esquire, John Bellers*, about to depart for France on the ill-fated expedition of John Beaufort, duke of Somerset, nominated Billing among an impressive group of feoffees in the manor of Sawtry in Huntingdonshire. Soon after, the rising lawyer was named as feoffee and executor of the noted soldier, Sir John Cressy*, who died in 1445. In the following year another local knight, Sir Robert Moton*, as part of a plan to disinherit his common-law heiresses in favour of his son by his second marriage, granted all his lands to our MP and three others, and, in 1452, Billing again aided him in this scheme by taking a reversionary interest in two of his manors.
It is a testimony to Billing’s prominence in the legal profession that John Talbot, earl of Shrewsbury, who had no local connexions with him, should have named him as one of his executors in his will of 1 Sept. 1452. He was an obvious candidate for elevation to the coif, and on 1 Feb. 1453 he was among those ordered on pain of £1,000 to take the degree of serjeant on the following 2 July.
That is the gyse of yowr contre men, to spend alle the good they have on men and lewery gownys, and hors and harnes, and so beryt owth for j wylle, and at the last they arn but beggars: and so wyll ye do. I wylde ye schull do wyll, be cause ye ar a felaw in Grays In, wer I was a felaw. As for Paston, he ys a swyre of wurchyp, and of gret lyvelode, and I wothe he wyll not spend alle hys good at onys, but he sparyt yerly c mark or jc li. He may do his ennemy a scherewd turne and never far the warse in hys howsholde, ner the lesse men a-bowthe hym. Ye may not do so, but if it be for j. sesun.
The second letter, dated 6 Sept., shows that false rumours of Billing’s death had been circulating in London shortly before, and reports a discussion William had had with him over the marriage of a sister of the two brothers. She had been spoken of as a possible match for a ward of the Northamptonshire magnate, Edmund, Lord Grey of Ruthin, and our MP gently warned his friend that Grey ‘laboryd for his owne a vayle’ in the matter and that their sister should therefore ‘be wyse’.
It was soon after this letter was written that Billing resigned as recorder of London. His other responsibilities made such a move inevitable but he continued his involvement in the city’s affairs. On 31 Oct. 1454 he acted with (Sir) Thomas Tyrell* in returning an award in the city’s dispute with the merchants of Genoa; two months later, the city authorities, in recognition of his earlier service as recorder, granted him an annual fee of 20s. with five yards of woollen cloth; and in 1456 he was named among the feoffees of the wealthy London draper, John Norman*, with whom he had sat for the capital in the first Parliament of 1449.
On a more personal level, in the late 1450s Billing entered into an agreement with an Oxfordshire esquire, Robert Fitzellis of Waterperry for the marriage of his eldest son, Thomas, to Fitzellis’s daughter and heiress-presumptive, Margery. The younger Thomas may already have been a widower: later evidence implies that only one of his three daughters was by Margery, and many pedigrees identify his wife as one of the Brocases of Hampshire.
At about the time this marriage was made Billing secured further promotion. In April 1458 he was appointed a King’s serjeant-at-law, and it was thus natural that he should have played a part in the attainder of the Yorkist lords in the Coventry Parliament of 1459. In company with two other royal serjeants, Richard Chokke and Thomas Lyttleton, and the King’s attorney, William Nottingham II*, he spent 36 days riding from London to Coventry and there giving ‘diligent attendaunce aboute [the King’s] matiers’. On 16 Dec., four days before the prorogation, he was rewarded with a writ of privy seal ordering the Exchequer to pay him as much as 13s. 4d. per diem for this period.
Billing’s appearances in the records as one of the puisne justices are largely routine. He became an automatic appointee to royal commissions of oyer and terminer, being named far more frequently than he can have acted; and at the next Parliament after his promotion he acted as a trier of petitions and was one of those the Commons wished to try accusations made against one of the governors of the royal mint.
Thereafter there is little exceptional to remark of his public career. Curiously, it was not until the mid 1470s that he took up the rank of knight, which was generally assumed much more quickly by those appointed to the judicial bench.
While the chief justice’s public career in the 1470s was unremarkable, his private affairs were not so predictable. Very soon after his promotion to the office he had suffered a serious personal blow. His son and heir died on 23 Mar. 1469 (by a strange coincidence, he was in office as escheator at his death just as our MP’s father had been at his), leaving three young daughters as the judge’s coheiresses-apparent.
There was one further change in the chief justice’s private life before his death. His wife of some 65 years died in the spring of 1480, and he quickly took Mary Folville as a second wife. She had considerable landed interests: not only did she enjoy dower from previous husbands but she had inherited property at Rearsby in Leicestershire and Conington in Huntingdonshire.
