Bridgnorth CR T1537 A Tr

From Waalt

The lord king sent to the bailiffs of his town of Bridgnorth 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 the supreme head of the English church to the bailiffs of his town of Bridgnorth, greetings. Because in the record and process and also in the rendering of the judgment of a plea that was before you in our court of the town abovesaid without our writ according to the custom of the same town between John Witton gentleman and Richard Walle, Hugh Collynges, and Humfrey Burnell cleric the executors of John Walle concerning a debt of 41s that the same John exacts from the aforementioned Richard, Hugh, and Humfrey as it is said manifest error has intervened to the grave damage of the same Richard, Hugh, and Humfrey as we have accepted from their complaint, we, wanting the error if any there was to be corrected and full and swift justice to be done to the abovesaid parties, order you that if judgment has been rendered thereof then distinctly and openly send the abovesaid record and process with everything touching them to us under your seals, and this writ, so that we have them on the morrow of the Ascension of the Lord wherever we 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 February 6 in the 28th year of our reign [February 6, 1537].

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

Bridgnorth. John Whytten complains against Richard Walle, Hugh Colynges, and Humfrey Burnelle cleric the executors of the testament of John Walle deceased in a plea of debt. [blank] Pledges for the defendant: Thomas Reynoldes and Edward More etc. [blank].

On February 27 [February 27, 1536] the defendant appeared and sought a copy of the plea, and on the same day Richard Burges attorney of the plaintiff sought day to make the declaration and it is granted for this that at the Rounde Thorne within the liberty of this court in the 23rd year of the reign of King Henry VIII in the time of Lent the abovesaid plaintiff demised to John Walle in his life a tenement with appurtenances lying and being in the town called “Frentre” at term of the life of John Walle for rent of 41s per annum and there still remains from the same rent unpaid one year of rent, viz., 41s, which sum the said plaintiff often required from the abovesaid John Walle in his life and after the death of the said John Walle often required of the abovesaid defendants now executors of the testament of the goods of the said John Walle and to this time the said defendants refused to pay and still refuse, against right as the plaintiff says, wherefore the said plaintiff is worse off and has damages to the value of 4 marks, wherefore he produces suit.

The defendants at the court held March 27 [March 27, 1536] appeared and often asked for a copy of the plea and it is granted.

And the same defendants at the court held April 10 [April 10, 1536] were essoined and the same defendants on April 24th appeared and denied the action. And Richard Burges in the same court the attorney of the abovesaid plaintiff appeared and sought a venire facias and it is granted, and thus it was ordered to Robert Capper and Rouland Prene so summoned 24 prudent and lawful men truthfully to say between the plaintiff and the defendants, and the same panel was called on May 8 [May 8, 1536], whereof the defendants did not appear and defaulted. And the same action continued to here at the discretion of the judge. On August 27 [August 27, 1536] in the year of the now king’s reign the jury appeared and swore their verdict: his debt 41s3d, the declaration 2d., the capias 8d, for the venire facias 2d, damages 20d. The plaintiff seeks a capias de corpore, and it is granted.