Hereford CD 1537 A Tr

The lord king sent to the mayor and bailiffs of the city of Hereford 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 mayor and bailiffs of the city of Hereford, greetings. Because in the record and process and also in the rendering of the the judgment of a plea that was before you in our court of the abovesaid city without our writ according to the custom of the same city between James Webster and William Hulle cleric concerning a plea of covenant broken as it is said manifest error intervened to the grave damage of the same William 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 distinctly and openly send the record and process abovesaid with everything touching them to us under the seals of you or one of you, and this writ so that we have them on the morrow of St. John the Baptist wherever we shall then be in England, so that, the abovesaid record and process having been inspected, we may make to be done further thereof for the correction of that error what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster May 4 in the 29th year of our reign [May 4, 1537].

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

The City of Hereford. The lord king’s pie powder court of his city of Hereford held by reason of the market had in the same city, viz., every day at that city in the guildhall of the same city in the city abovesaid before Thomas Graunger mayor of this city according to the use and custom in the same city continued, used and approved from time whereof there is not memory of men on April 24 in the 29th year year of the reign of King Henry the eighth after the conquest [April 24, 1537], scilt., the 9th hour after noon of the same April 24.

At this court comes James Webster in his proper person and complains against William Halle cleric in a plea of covenant broken according to the custom of the city of Hereford continued, used, and approved from time whereof there in no memory of men, and he found pledges to prosecute that complaint: viz., Nicholas Franke and Richard Dale. And he seeks process to be made for him according to the custom of the abovesaid city etc.. Thereon it is ordered by the aforementioned mayor to Nicholas Franke serjeant at mace of the lord king in the abovesaid city and minister of the abovesaid court that he summon by good summoners the abovesaid William Hulle cleric that he be at the guildhall abovesaid before the mayor of the abovesaid city at the lord king’s next pie powder court to be held by reason of the abovesaid market here at the abovesaid guildhall before the aforementioned mayor, viz., at the 3rd hour after noon of the same April 24 etc., to answer the aforementioned James Webster concerning the abovesaid plea. And the same hour is given to the aforementioned James here to be etc., and the abovesaid James Webster put in his place Roger Mower against William Hulle cleric concerning a plea of covenant broken according to the custom of the city of Hereford etc. [IMG 0064]

The City of Hereford. The lord king’s pie powder court of the city of Hereford by reason of the market had in the same city held at the abovesaid city in the guildhall of the same city before Thomas Graunger mayor of the city abovesaid according to the and custom continued, used, and approved in the same city from time whereof there is no memory of men on the 3rd hour after noon of April 24 in the 29th year of the reign of King Henry VIII [April 24, 1537].

At this abovesaid court the abovesaid James Webster by Roger Mower his attorney offered himself against the abovesaid William Hulle cleric concerning the plea abovesaid etc. And the abovesaid Nicholas Franke serjeant at mace in the abovesaid city and minister of the abovesaid court returned and certified the abovesaid precept directed to him that the abovesaid William Hulle has nothing in the abovesaid city nor within the jurisdiction of the abovesaid court whereby he can be summoned etc. Therefore according to the custom of the abovesaid city it is ordered by the aforementioned mayor to the aforementioned Nicholas Franke the lord king’s serjeant at mace in the abovesaid city and minister of the abovesaid court etc., that they take the abovesaid William Hulle cleric if he shall be found in the abovesaid city etc., and safely etc., so that he have his body here, scilt., at the abovesaid guildhall before the mayor of the abovesaid city at the next lord king’s pie powder court to be held before the said mayor of the said city, viz., at the 9th hour before noon on April 25 next to come to answer James Webster concerning the abovesaid plea, and the same day and hour is given to the aforementioned James Webster here etc.

The City of Hereford. The lord king’s pie powder court of his city of Hereford by reason of the market had in the same city held at the abovesaid city in the guildhall of the same city before Thomas Graunger mayor of the abovesaid city according to the use and custom continued, used and approved in the same city from time whereof there is no memory of men at the 9th hour of April 25 in the 29th year of the reign of King Henry the eighth after the conquest [April 25, 1537].

Ad which court the abovesaid James Webster by Roger Mower his attorney offered himself against the aforementioned William Hulle cleric in the abovesaid plea. And the abovesaid Nicholas Franke the lord king’s serjeant at macae in the abovesaid city and minister of the abovesaid court returned and certified his precept directed to him executed in all things, viz., that he took the body of the abovesaid William Hulle cleric. And he has him ready at the bar: [IMG 0292]

William Hulle cleric was summoned to answer James Webster in a plea of covenant broken according to the custom of the city Hereford continued used and approved from time whereof the memory of men does not run etc. And wherefore the same plaintiff by Roger Mower his attorney says that in the abovesaid city such a custom is had and from the whole time abovesaid such custom was had that all covenants ore tenus made in the city in the same city without any specialty in writing ought and from the whole time abovesaid ought and have been accustomed to be pleaded in the same city without any specialty made in the writing, and the abovesaid defendant did not hold the covenant with the abovesaid plaintiff made ore tenus in the abovesaid city, because the abovesaid defendant on March 6 in the 28th year of the reign of King Henry the eighth after the conquest [March 6, 1537] here at the city of Hereford and within the jurisdiction of his court he agreed and made a covenant with the aforementioned plaintiff ore tenus to render and pay the aforementioned plaintiff £3 6s8d sterling at Palm Sunday then next following for 24 woolen cloths of the tawney medley color bought from the aforementioned plaintiff, and although the abovesaid defendant often asked concerning the £3 6s8d by the aforementioned plaintiff by force of the abovesaid covenant he has still not rendered or paid them to him but refused to render and pay them to him and still refuses, and thus the abovesaid defendant totally broke the covenant abovesaid made to the same plaintiff ore tenus, wherefore the same plaintiff says that he is worse off and has damages to the value of 100s and thereof produces suit etc.

And the abovesaid defendant in his proper person comes and defends force and injury when etc., and he says that he did not make such a covenant with the aforementioned plaintiff in manner and form as the same plaintiff above against him in the same plea pleaded and alleged, and of this he puts himself on the countryside. And the abovesaid plaintiff similarly etc.

And thereon it is ordered by the aforementioned mayor to James Balle, Nicholas Franke, Hugh Hoper, and William Turnour the lord king’s serjeant at mace in the abovesaid city and ministers of the abovesaid court etc., that they should make to come here, scilt., at the guildhall of the abovesaid city before the mayor of the abovesaid city at the lord king’s next pie powder court had by reason of the abovesaid market in the same city to be held, viz., at the 3rd hour after noon on April 25 in the 29th year of the reign of King Henry the eighth after the conquest, 12 etc., of the abovesaid city within the jurisdiction of the abovesaid court, and who neither etc., to recognize because both etc., and the same day and hour is given similarly to the abovesaid parties here etc.

The City of Hereford. The lord king’s pie powder court of his city of Hereford held by reason of the market had in the same city at the city abovesaid in the guildhall of the same city before Thomas Graunger mayor of the abovesaid city according to the use and custom of the same city continued, used, and approved from time whereof there is no memory of men at the 3rd hour after noon April 25 in the 29th year of the reign of King Henry the eighth after the conquest [April 25, 1537].

At this court the aforementioned James Balle, Nicholas Franke, Hugh Hoper and William Turnour the lord king’s serjeants at mace in the abovesaid city and ministers of the court of the abovesaid city returned the precept directed to them executed in all things, and both the abovesaid James Webster by his abovesaid attorney and the abovesaid defendant, exacted, appeared. And the abovesaid jurors, similarly exacted, came. And the abovesaid James Balle, Nicholas Franke, Hugh Hoper, and William Turnour the lord king’s serjeants at mace in the abovesaid city and [IMG 0293] and ministers of the abovesaid court now attest that each of the jurors was attached by pledge of John Doo and Richard Roo, of which certain jurors etc., 12 etc., viz., William Rusell, Thomas Stokes, William Matheuwes webber, Richard Davies baker, Thomas Clement, Richard ap Thomas baker, Henry Dudson, John ap Hoell currier, Phillip Jenkyns, Mathew Remme, Lewis ap Hoell tanner, and Roger Churche, chosen, tried, and sworn to tell the truth of the premisses, say on their oath that the abovesaid defendant made the abovesaid covenant with the aforementioned plaintiff in the manner and form etc. And they assess the damages of the plaintiff by reason etc., beyond the outlays and costs at £3 10s, and for his outlays and costs at 3s. Therefore it is considered by the court that the abovesaid plaintiff recover against the aforementioned defendant the abovesaid £3 10s for his damages and 3s for outlays [and at that point the record stops without more]