Boston CD E1571 A Tr
The lady queen sent to the mayor and burgesses of the borough of Boston in the county of Lincolnshire her writ close in these words:
Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the mayor and burgesses of the borough of Boston in the county of Lincolnshire, greetings. Because in the record and process and also in the rendering of judgment of the plea that was before you in our court of the abovesaid borough without our writ according to the custom of the same borough between Francis Robynson and Thomas Pykering concerning a certain covenant manifest error intervened to the grave damage of the same Thomas as from his complaint we have received, we, wanting the error if any there was to be corrected in due manner and full and swift justice to be done to the abovesaid parties in this part, order you that if judgment has been rendered thereof then you should send distinctly and openly the record and process of the abovesaid plea with everything touching them under your seals, and this writ, so that we have them at the quindene of Hilary wherever we then shall be in England, so that, the abovesaid record and process having been inspected, we may make to be done further thereof what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster December 19 in the 13th year of our reign [December 19, 1570].
The record and process of which mention was made in the abovesaid writ follows in these words:
The Borough of Boston in the County of Lincolnshire. The court of common pleas of the lady queen and of the mayor and burgesses of the abovesaid borough in the abovesaid county held at the guildhall of the same borough on Saturday, viz., October 7 in the 12th year of the reign of the Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., before William Derby mayor of the abovesaid borough, Simon Melscuby, John Gawdre, and Richard Brigges aldermen of the abovesaid borough, and George Forster clerk of that borough called the towne clarke by virtue of letters patent of Lord Henry VIII late king of England father of the said now lady queen bearing the date of May 14 in the 37th year of his reign. [May 14, 1545]
Complaint. Francis Robynson gentleman complains against Thomas Pykering merchant concerning a plea of covenant broken etc. And he finds pledges to prosecute, viz., John Doo and Richard Roo. Therefore it is ordered to the serjeants at mace of the abovesaid borough that they take him if etc., and him safely etc., so that they have his body before the aforementioned mayor and burgesses here at the guildhall of the abovesaid borough on Wednesday, viz., October 11 then next following. And the same day is given to the aforementioned Francis now plaintiff here etc. [IMG 0170]
The Borough of Boston in the County of Lincolnshire. The court of the common pleas of the Lady Elizabeth and of the Mayor and Burgesses of the abovesaid borough held at the guildhall of the same borough on Wednesday, viz., October 11 in the 12th year of the reign of the now lady queen [October 11, 1570] before William Derby mayor of the abovesaid borough, Simon Melscuby, John Belle, John Gawdre, and Richard Brigges aldermen of the abovesaid borough and George Forster clerk of that borough called the Towne Clarke.
Francis Robynson gentleman by Edward Forster his attorney complains against Thomas Pykeryng merchant of a plea of covenant broken etc. And it was ordered to the serjeants at mace of the abovesaid borough that they take him if etc., and safely etc., so that they have his body here at this day before the aforementioned mayor and burgesses to answer the aforementioned Francis concerning the abovesaid plea etc. And the serjeants at mace of the abovesaid borough, viz., John Cossey and Roger Cockes now send that that precept directed to them thereof is served and executed in everything, viz., that they took the body of the abovesaid Thomas, whose certain body they had ready at this day before the aforementioned mayor and burgesses here as it was ordered to them. Thereon the same Thomas is delivered in the bail of Andrew Leeke of the borough of Boston in the county of Lincolnshire merchant and of Thomas Wright of the same in the same county gentleman.
The Borough of Boston in the County of Lincolnshire. Francis Robynson gentleman puts in his place Edward Forster against Thomas Pykering concerning a plea of covenant broken.
The Borough of Boston in the County of Lincolnshire. Thomas Pykering merchant puts in his place Thomas Thorold against Francis Robynson gentleman concerning a plea of covenant broken.
The Borough of Boston in the County of Lincolnshire. Francis Robynson gentleman by Edward Forster his attorney complains against Thomas Pykering merchant concerning a plea of covenant broken of this, viz., that, whereas the abovesaid Francis on January 28 in the 6th year of the reign of the now lady Queen Elizabeth [January 28, 1564] at the borough of Boston within the jurisdiction of this court by his certain indented writing made between the same Francis by the name of Francis Robynson of Butterwick in the county of Lincolnshire gentleman on the one part and the aforementioned Thomas by the name of Thomas Pykering of the borough of Boston in the county of Lincolnshire merchant on the other part, the other part of which sealed by the seal of the same Thomas the same Francis here proffers in court, the date of which is the same day and year, demised and handed over at farm to the same Thomas all that his pasture containing by estimation 11 acres on which is built one house called a fishehowse with its appurtenances situated and being in the abovesaid borough and county now in the tenure of Lawrence Palmer and Thomas Sowthen to have, hold, and occupy the said pasture [IMG 1110] with its appurtenances to the said Thomas Pykeryng, his executors, administrators, and assigns from the feast of the Purification of the Blessed Virgin Mary then next following after the date of the indented writing abovesaid until the end and term of 8 years then next following fully completed without any annual farm thereof to be paid except annually to be paid for the same to the same Francis and his heirs one penny of the lawful money of England on the feast of the Purification if it be legitimately asked, otherwise not. And the said Francis covenanted and granted to and with the aforementioned Thomas Pykeryng, his executors, administrators, and assigns by the same indented writing that the said Thomas Pykeryng, his executors, administrators, and his assigns and each of them should have, hold, and enjoy peacefully the said pasture and each parcel thereof for all the said years without making any claim, entry, expulsion or doing any other damage by the said Francis, his heirs or any other person or persons; and also the said Francis further covenants and grants to and with the aforementioned Thomas Pykeryng, his administrators and assigns to acquit, exonerate, and to hold harmless the same Thomas Pykeryng, his said administrators and assigns and each of them against the chief lord or chief lords of the fee or fees of the said pasture of all suits of court, services, and annual rents issuing of the said pasture and also to the said lords during the said years; and further the said Thomas Pykeryng by the same indented writing covenanted and granted to and with the aforementioned Francis, his heirs and assigns that he the same Thomas Pykeryng, his administrators, and assigns and each of them would make, maintain, sustain, guard, and emend all the defenses called the owte fences and fences of the same pasture and dikes called the dykes and seebanckes looking to the same pasture in scouring, called scowryng, or otherwise the repair of them from time to time as necessity requires at his own costs during the said term. And further the said Francis covenanted and granted to and with the said Thomas Pykeryng, his administrators and assigns that the said pasture at the time of the sealing of the indented writing abovesaid was exonerated from all bargains, sales, demises, titles, and all other encumbrances whatsoever had, made, or moved before the abovesaid indented writing by the same Francis or by any other person or persons during the abovesaid years who by any ways could frustrate or make the same demise against the true intention of the same, and also that the said Francis and one sufficient security with him within 6 days after the date of the abovesaid indented writing by their sufficient obligatory writing would be obliged jointly and severally to the same Thomas Pykeryng, his executors and assigns in £50 of the good and lawful money of England for the performance of the premisses to be made on the part of Francis in the manner and form abovesaid, provided always and it is concorded between the abovesaid parties that if the said Francis do as much as is in him by order of law to take into his hands by recovery [IMG 1111] one half of the said pasture of 15 acres that a certain John Gawdry then held and claimed by color of certain years, and if the said Francis cannot recover possession thereof by the law at any time within the said years that then the said Francis, his heirs or assigns will pay or make to be paid to the said Thomas Pykeryng, his executors or assigns for whatsoever said years in which the said Thomas Pykeryng, his administrators or assigns not occupy and enjoy the said half of the said pasture thus to be recovered the sum of 50s of the lawful money of England without any delay any material thing beforenamed to the contrary notwithstanding, as by the same indented writing more fully appears. And the same Francis says that the abovesaid Thomas Pykeryng broke his covenant contained in the abovesaid indented writing to be performed on his part, viz., in this that the same Thomas Pykeryng after the making of the abovesaid indented writing during the abovesaid term did not make, maintain, guard, or emend all the defenses called the out fences and fences of the same pasture and the abovesaid dikes called the see Dykes and see bankes looking to the same pasture, viz., in scouring or otherwise the repair of the same from time to time as necessity required at his own proper costs and expenses according to the form and effect of the abovesaid indented writing, but those dikes remained not at all done, maintained, guarded or emended to this time in default of the same Thomas Pykeryng, although he was often asked to do, maintain, guard, and emend this by the aforementioned Francis, whereby the said pasture by rainstorms and the flux of the sea was flooded, wherefore he says that he is worse off and has damages to the value of £40, and thereof he produces suit etc. [IMG 0171]
And the abovesaid Thomas Pykeryng by Thomas Thorold his attorney comes and defends force and injury when etc., and all and all manner advantages, exceptions, and allegations being saved to him both as to the complaint and as to the narration, he seeks license to emparl thereof here until Saturday, viz., October 14 then next following [October 14, 1570]. And he has it etc. The same day is given to the aforementioned Francis here etc.
At which day here come the parties etc. And thereon the abovesaid Thomas Pykeryng, saving if etc., further seeks license to emparl thereof here until Wednesday, viz., October 18 then next following [October 18, 1570], and has it etc. The same day is given to the aforementioned Francis here etc.
[Similar emparlments:
From October 18 to October 21, 1570
From October 21 to October 25, 1570
From October 25 to October 28, 1570
From October 28 to November 1, 1570
From November 1 to November 4, 1570
From November 4 to November 8, 1570
From November 8 to November 11, 1570
From November 11 to November 15, 1570
From November 15 to November 18, 1570 [IMG 0172]
From November 18 to November 22, 1570
From November 22 to November 25, 1570
From November 25 to November 29, 1570
From November 29 to December 2, 1570
From December 2 to December 6, 1570
From December 6 to December 9, 1570
From December 9 to December 13, 1570
From December 13 to December 16, 1570
From December 16 to December 20, 1570 [IMG 1112]
From December 20 to December 23, 1570]
At which day here comes Francis by his abovesaid attorney. And the abovesaid Thomas Pykeryng says nothing in bar or preclusion of the abovesaid Francis whereby the same Francis remains against the aforementioned Thomas Pykeryng undefended, on account of which the same Francis ought to recover his damages by occasion of the abovesaid broken covenant against the aforementioned Thomas Pykeryng, but because it is not known to the court here what damages the same Francis sustained by that occasion, it is ordered to the serjeants at mace of the abovesaid borough that by the oath of prudent and lawful men of the abovesaid borough and liberty of the same they should diligently inquire what damages the same Francis sustained both by occasion of the abovesaid covenant broken and by the outlays and costs put out by him on his suit in this part and should make to be known the inquisition they make thereof to the mayor and burgesses of the abovesaid borough at the abovesaid guildhall on Wednesday, viz., January 10 then next following etc., under their seals and the seals of those by whose oath that inquisition they made and that they have the names of those by whose oath they made that inquisition together with this precept.
At which day here comes the abovesaid Francis by his abovesaid attorney, and the serjeants at mace of the abovesaid borough did nothing thereof nor did they send the precept directed to them thereof. Therefore as before it is ordered to the serjeants at mace of the abovesaid borough of Boston that by the oath of prudent and lawful men of that borough and the liberty of the same they should diligently inquire in the abovesaid form etc., and the inquisition which etc., they should make to be known to the aforementioned mayor and burgesses of the abovesaid borough at the abovesaid guildhall on Saturday, viz., January 10 then next following [January 10, 1571] under their seals and the seals of those by whose oath they made that inquisition etc., and that they have the names of those by whose oath they made that inquisition together with that precept.
At which day here comes the abovesaid Francis by his abovesaid attorney. And the serjeants at mace of the abovesaid borough did nothing thereof nor did they send the precept directed thereof to them. Therefore as before it is ordered to the serjeants at mace of the abovesaid borough of Boston that by the oath of prudent and lawful men of that borough and of the same liberty they should inquire diligently in the form abovesaid etc., and the inquisition that etc., they should make known to the aforementioned mayor and burgesses of the abovesaid borough at the abovesaid guildhall on Saturday, viz., January 13 then next following under [their] seals and the seals of those by whose oath they made that inquisition. And the serjeants at mace of the abovesaid borough did nothing thereof nor did they send the precept directed thereof to them. Therefore as many times let there be made for him another precept in the abovesaid form returnable here at the abovesaid guildhall on Wednesday, viz., January 17 then next following etc. [January 17, 1571]
At which day here comes the abovesaid Francis by his abovesaid attorney. And the serjeants at mace of the abovesaid borough of Boston now send that the abovesaid precept directed to them in the abovesaid form has been served and executed in all things, viz., that they by an inquisition taken before them at the guildhall of the abovesaid borough in the abovesaid county on Wednesday, viz., January 17 in the 13th year of the abovesaid queen [January 17, 1571] by the oath of Phillip Curtys, William Gayton, Ralph Poll (?), John Gatesley, Robert Covell, Richard Farye, James Chery, Thomas Huchenson, Richard Murre, Robert Stevenson, Parcival Marshall, and Henry Morton prudent and lawful men of the abovesaid borough and of the same liberty, who said on their oath that the abovesaid Francis Robynson named in the said precept sustained damages by occasion of the abovesaid covenant [IMG 1113] broken by the aforementioned Thomas Pykeryng at £14 12s 8d beyond the outlays and expenses that the same Francis had and sustained on his suit in this part, and for outlays and expenses at 6s8d, and 6s8d beyond for the outlays and expenses taxed for the same Francis by the court by way of increment. Therefore the abovesaid Thomas Pykeryng in mercy etc., and that the same Thomas be taken etc. [Margination of the record:] mercy. Therefore let him be taken.
Afterwards, scilt., on the Thursday next after Easter month in this same term before the lady queen at Westminster comes the abovesaid Thomas Pykeryng by George Kempe his attorney, and he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred for this, viz.,
that, whereas according to the law and custom of the realm of the lady queen of England that in each action of covenant the first process ought to be a writ or precept of summons, in this, viz., that by the abovesaid record it appears that the first process prosecuted and purchased in the plea of covenant abovesaid was a precept for taking and not for summons.
Likewise it was erred in this that whereas in each this manner action of covenant, unless the defendant denied his own deed, on the judgment rendered thereof against the defendant, the same defendant ought only to be amerced and adjudicated to be in mercy and in such case the defendant ought not to be compelled to make fine with the lady queen, in this, viz., that by the abovesaid judgment rendered in the abovesaid plea against the aforementioned Thomas it was adjudicated not only that the same Thomas be in mercy but also that the same Thomas be taken to make fine with the lady queen, as above it appears of record.
And the same Thomas Pykeryng seeks the lady queen’s writ to warn the aforementioned Francis Robynson to be before the lady queen to hear the record and process abovesaid. And it is granted to him. Whereby it is ordered to the sheriff that by prudent etc., it should be made known to the aforementioned Francis that he be before the lady queen on the morrow of Holy Trinity wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Thomas etc.
At which day before the lady queen at Westminster comes the abovesaid Thomas Pykeryng by his abovesaid attorney, and the sheriff returns that by virtue of the lady queen’s writ directed thereof to him he made it known to the aforementioned Francis to be before the lady queen at the aforementioned term to hear the record and process abovesaid as by the same writ was exacted and required of him, by John Doo and Richard Roo, prudent etc. Which certain Francis by the warning made thereof to him appeared by Michael Lowe his attorney. Thereon the abovesaid Thomas as before says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred by alleging the abovesaid errors alleged by him above. And he the same Thomas seeks that the abovesaid judgment on account of those errors and others being in the abovesaid record and process be revoked and annulled and completely had for nothing, and that the abovesaid Francis rejoin to the abovesaid errors, and that the court of the lady queen here proceed to the examination both of the record and process and of the abovesaid errors etc.
And the same Francis says that in the abovesaid record and process as well as in the rendering of the judgment in nothing was it erred. And he seeks similarly that [IMG 0173] the court of the lady queen here proceed to the examination both of the record and process abovesaid and of the matters abovesaid assigned for errors etc. And because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day thereof is given to the parties abovesaid before the lady queen until the octaves of St. Michael wherever etc., to hear their judgment thereof, because the court of the lady queen here thereof not yet etc.
