King's Lynn CD H1540 A Tr

[IMG 0139] The lord king sent to the mayor and aldermen of his town of Lynn of his Guildhall court his writ close in these words:

Henry VIII by grace of God king of England and of France, defender of the faith, and lord of Ireland and on earth the supreme head of the English church to the mayor and aldermen of our town of Lynn of our Guildhall court, greetings. Because in the record and process and also in the rendering of the judgment of the plea that was before you in our court of the town abovesaid without writ according to the custom of the same town between William Mower and Robert Furnes concerning a debt of £4 13s4d that the same William exacted from the aforementioned Robert as it is said manifest error intervened to the grave damage of the same Robert as we have received from his complaint, we, wanting the error if any there was to be corrected in due manner and full and rapid justice to be done to the same Robert, order you in this part that, if judgment has been rendered, then you should send clearly and openly the abovesaid record and process with all things touching them to us under your seals and this writ, so that we have them at the 15th day after Easter wherever we may then be in England so that, the record and process abovesaid having been inspected, we may make to be done further thereof that which of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster January 20 in the 31st year of our reign [January 20, 1540].

The record and process concerning which mention was made in the abovesaid writ follow in these words:

Guildhall of King’s Lynn. The court there held on Wednesday next after the Octaves of the Apostles Peter and Paul in the 31st year of the reign of King Henry VIII [July 9, 1539] by the grace of God king of England and of France, defender of the faith, lord of Ireland, and on earth supreme head of the English church before William Hall mayor and Thomas Miller and Thomas Waters aldermen of the town of King’s Lynn abovesaid used in the same from time whereof memory of man runs not to the contrary.

Guildhall of King’s Lynn. At this court comes William Mower alias Debson of King’s Lynn in his proper person and complains against Robert Furnes of Wisbech in the county of Cambridge concerning a plea of debt. Pledges to prosecute: John Doo and Richard Roo. And he seeks process to be made according to the custom of the town abovesaid against the aforementioned Robert in the abovesaid complaint etc. And thereon the abovesaid Robert then present in the abovesaid court in his proper person appeared at the abovesaid complaint. Thereon the abovesaid William in his proper person by narrating against the aforementioned Robert in the abovesaid complaint says that the same Robert owed to the same William and unjustly detains £6 sterling for this, viz., that, whereas the abovesaid Robert on May 22 in the 30th year of the reign of the now lord king [May 22, 1538] at King’s Lynn abovesaid within the jurisdiction of this court by his certain writing obligatory granted that he was bound and firmly obliged to the same William in the abovesaid £6 to be paid to the same William on the feast of St. Michael the Archangel then next following [September 29, 1538], nevertheless the abovesaid Robert although often required still did not pay the abovesaid £6 to the same William but wholly refused and still refuses to pay them to him, wherefore he says that he is worse off and has damages to the value of 40s, and thereof he produces suit etc. And he proffers here in court the abovesaid writing that attests the abovesaid debt in the abovesaid form, the date of which is the abovesaid day and year etc.

And the abovesaid Robert in his proper person comes and defends force and injury when etc., and asks for oyer of the writing abovesaid, and it is read to him etc. He likewise asks for oyer of the indorsement of the same writing, and it is read to him in these words [in English]:

The condicion of thys obligacion is suche that if the withynnebounden Robert & John or one of them the executours or assignes of them or of either of them doe content & pay or cause to be contented & payde unto the withynnenamed William Mower his executours & assignes fower poundes thyrtene shelynges & fower pens of goode and lawfulle money of Inglond in maner & fourme folowyng, that is to sey at the feast withynnewrytten xlvj s. viij d. [IMG 0140] and at the feast of Thannunciacion of oure Lady then next & immediatly folowyng other xlvj s. viij d. in full payment of the seyde somme that then thys present obligacion to be voyde & of none effect or elles to stond in alle hys full strenght and vertue.

These things having been read and heard, the same Robert asks license to emparl thereof here until the next court to be held, scilt., in the Guildhall of King’s Lynn abovesaid, scilt., on the Saturday next after the feast of St. James the Apostle next coming [July 26, 1539] before the mayor and aldermen of the town of King’s Lynn abovesaid. The same day is given to the aforementioned William there etc.

At which day before the aforementioned William Hall mayor and the aldermen of the town of King’s Lynn abovesaid come both the abovesaid William and the abovesaid Robert in their proper persons. And thereon the same William seeks that the abovesaid Robert respond to his abovesaid narration etc. And the same Robert says nothing in bar of the abovesaid action of the abovesaid William, whereby the same William remains undefended against the aforementioned Robert thereof. Therefore it is considered by the court here that the abovesaid William recover against the aforementioned Robert his abovesaid debt and his damages by occasion of the detention of that debt at 5s., adjudicated to the same William by his assent by the court here. And the abovesaid Robert in mercy etc.

Afterwards, scilt., on July 5 this same term before the lord king at Westminster comes the abovesaid Robert Furnes in his proper person and says that in the record and process abovesaid and also in the rendering of the abovesaid judgment there is manifest error, because, viz.,

that whereas in the abovesaid record it does not appear by what authority the abovesaid court was held, viz., whether by prescription of some custom of ancient time now beyond memory used until now in the same town or by charter of the now lord king or any of his predecessors kings of England as above it appears of record.

And the same Robert seeks the lord king’s writ to warn the abovesaid William Mower to be before the said lord king to hear the abovesaid record and process, and it is granted to him etc. Whereby it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William Mower that he be before the lord king on the morrow of All Souls wherever etc., to hear the record and process abovesaid as etc., and further etc. The same day is given to the aforementioned Robert etc. At which day before the lord king at Westminster comes the abovesaid Robert in his proper person, and the sheriff did not send the writ. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William Mower that he be before the lord king on the Octaves of St. Hilary wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Robert etc.