Abergavenny CR E1541 TR A

The lord king sent to his seneschal and the bailiffs of the town and lordship of Abergavenny in the county of Monmouth his writ close in these words:

Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church to the seneschal and bailiffs of the town and lordship of Abergavenny in the county of Monmouth, greetings. Because in the record and process and also in the rendering of judgment of a case that was before you in our court of the abovesaid town without our writ according to the custom of the same town between Richard Williams and William Jones cleric and Walter Williams executors of the testament of Watkyn Gunter of this that the same Richard render to the aforementioned executors £10 that the aforementioned executors exact from the aforementioned Richard as it is said manifest error intervened to the grave damage of the Richard as we have received from his complaint, we, wanting the error if there was any to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you that, if judgment thereof has been rendered, then send the record and process of the abovesaid plea with all things touching it that are in your custody as it is said to us distinctly and openly under the seals of you or one of you and this writ, so that we have them on the quindenes of Easter next to come wherever then we shall be in England, so that, the record and process abovesaid having been inspected we may make to be done further thereof as of right and according to the law and custom of our realm of England should be done; and moreover if the abovesaid Richard should find before you sufficient to respond to the aforementioned executors both for the abovesaid debt and for his damages in this part to be adjudicated to them if it should happen that the abovesaid judgment is affirmed, then make the same Richard to be delivered from the prison by which he is thus detained as it is said if by that occasion and not by another he is detained in the same while the said our writ of error before you pends undiscussed by the abovesaid security. Tested me myself at Westminster January 30 in the 32nd year of our reign [January 30, 1541].

The record and process of which mention is made in the abovesaid writ follow in these words:

The Town of Abergavenny. The hundred of the lord king held on January 19 in the 31st year of his reign [January 19, 1540] before Mathew Harbart deputy of George Harbart armiger then seneschal there and many burgesses there present.

Lord William John cleric and Walter William [to] executors of the last will of Walter Gunter deceased and Richard Wyllyams pledge to prosecute etc., and to return etc., whereof the complaining party seeks by action of debt concerning the sum of £10 sterling to be paid to the same Walter by a certain obligatory writing that that defendant sealed, and he delivered this for his deed to the aforementioned deceased, the writing of whom was shown in open court and it is read to him in so much that those plaintiffs are the executors and have administered all the debts, goods, and chattels of the abovesaid deceased.

And the abovesaid defendant in his proper person comes and defends force and injury when etc., and he seeks oyer of the abovesaid writing, and the said defendant says that the abovesaid writing is not his deed and he never sealed or delivered it in the manner and form as the abovesaid plaintiff within alleged, and he puts himself on the countryside and the party complaining similarly. Therefore let there be a jury.

William John of Gruffyn [the form of the Welsh name may be incorrect]

William John of Howall Sayre

Watkyn ap Jeven

John of Jenkyn

William Jeme Banner

William of Shour Richards

Which jurors say on their oath that the abovesaid defendant sealed and delivered the abovesaid writing to the aforementioned Walter for his deed. Therefore that defendant ought to pay the aforementioned plaintiff £10 sterling. Therefore it is considered by the common attorney of the abovesaid town that the abovesaid plaintiff recover the said sum etc.

[No process is entered for the king’s court further in this enrollment.]