Ludlow CD M1574 A Tr

From Waalt

The lady queen sent to the bailiffs of her town of Ludlow 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 bailiffs of her town of Ludlow, greetings. Because in the record and process and also in the rendering of the judgment of a plea that was before you in the court of the abovesaid town without our writ according to the custom of the same town between Thomas Shrawley and William Phillippes concerning the beasts of the same Thomas taken and unjustly detained as it is said manifest error intervened to the grave damage of the same William as we have received from his complaint, 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 send distinctly and openly the record and process of the abovesaid plea with everything touching them to us under your seals, and this writ, so that we have them at the quindene of Holy Trinity wherever we shall then be in England so that, the abovesaid record and process and the rendering of the judgment of the abovesaid plea having been inspected, we may make to be done further thereof for correcting 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 April 19 in the 13th year of our reign [April 19, 1571].

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

The Town of Ludlow. Pleas in the Common Place of the town of Ludlow there held on September 14 in the 10th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [September 14, 1568] before Robert Leawis and Edward Badger bailiffs of the said lady queen of her abovesaid town according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary.

At this court comes Thomas Shrawley and complains against William Phillippes in a plea of taking and unjust detention of beasts. And he finds pledges to prosecute both his complaint abovesaid and to have the return if return thereof should be adjudicated, viz., John Doo and Richard Roo. Therefore it is ordered to the serjeant at mace of the said town according to the custom of the town that he attach the aforementioned William Phillippes so that he be before the aforementioned bailiffs in the common place of the abovesaid town at the next court to be held there, viz., on September 28 next to come [September 28, 1568] to answer to the aforementioned Thomas Shrawley concerning the abovesaid plea etc.


The Town of Ludlow. The court there held on Tuesday, viz., September 28 in the 10th year of the reign of our lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [September 28, 1568] before Robert Leawis and Edward Badger bailiffs of the said lady queen of her town abovesaid according to the custom of the same town used and approved from time whereof the memory of men runs not to the contrary etc.

At this court comes the abovesaid Thomas Shrawley by William Hardyng his attorney and offered himself against the aforementioned William Phillippes concerning the abovesaid plea etc. And the serjeants at mace, viz., William Pyke, John Dalton, and Thomas Alsapp now sent that according to the custom of the abovesaid town they attached by his body the aforementioned William Phillippes as it was ordered to them, whose body at the said day and place here in court they have ready.

And thereon the same Thomas Shrawley puts in his place William Harding against the aforementioned William Phillippes concerning the abovesaid plea etc.

Thomas Shrawley complains against William Phillippes concerning a plea of taking and unjust detention of the beasts of the same Thomas, and whereof the same Thomas Shrawley by William Hardyng his attorney says that, whereas the abovesaid William Phillippes on September 11 in the 10th year of the reign of our lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [September 11, 1568] here at Ludlow in the ward there called the Old Street Ward within the jurisdiction of this court and the liberties of the same took and chased away two cows of a black color of a price of £4 of the goods and chattels of the said Thomas Shrawley found in a certain common pasture called Behynde the Yarde then and there, from the abovesaid common pasture to the park of the said lady queen of the town of Ludlow abovesaid and then and there imparked them in the same park and unjustly detained the two cows against gage and pledges until delivery thereof was made by William Pyke a serjeant at mace of the abovesaid town sworn to this and acknowledged by virtue of a certain precept of replevin directed to him by Robert Leawis and Edward Badger bailiffs of the abovesaid town, whereby action accrues to the same Thomas Shrawley etc., wherefore the same Thomas says that he is worse off and has damages to the value of 40s, and thereof he produces suit etc.

And the abovesaid William Phillippes by John Rogers his attorney comes and defends force and injury when etc., and seeks license to emparl until the next court to be held there on Tuesday October 19 then next following [October 19, 1568]. And he has it. And the same day is given to the aforementioned Thomas Shrawley here etc.

And thereon the same William Phillippes puts in his place John Rogers against the aforementioned Thomas Shrawley concerning the abovesaid plea etc.


At which certain court held here, scilt., at Ludlow on October 19 in the 10th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith, etc., [October 19, 1568] before Robert Leawis and Edward Badger bailiffs of the said lady queen of her town of Ludlow according to the custom of the same town used and approved in the same from time whereof the memory of men runs not to the contrary.

The abovesaid William Phillippes made himself to be essoined. On the response and that essoin it was adjudicated and adjourned until the Tuesday November 2 next to come, and the same day is given to the abovesaid parties here etc.


At which certain court, scilt., at the court held at Ludlow on Tuesday, viz., November 2 in the 10th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [November 2, 1568] before Richard Farr and John Taylour bailiffs of the lady queen of the town of Ludlow abovesaid de novo chosen according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary etc., the abovesaid Robert Leawis and Edward Badger late [IMG 0593] bailiffs of the same town returned and certified the record and process of the abovesaid plea made and had before them with all things touching them according to the custom of the same town. Therefore day is given by the aforementioned bailiffs de novo chosen both to the aforementioned William Phillippes and to the abovesaid Thomas Shrawley that they be here in court on November 23 next following [November 23, 1568].


At which certain court, scilt., at the court held at Ludlow November 23 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [November 23, 1568] before Richard Farr and John Taylor bailiffs of the lady queen of her town abovesaid according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary etc., the abovesaid Thomas Shrawley by his abovesaid attorney appeared. And the abovesaid William Phillippes by John Rogers his attorney comes and defends force and injury when etc. And he says that the abovesaid declaration and the material contained in the same are less sufficient in law, to which he has no need nor by the law of the land is bound to answer, wherefore for default of a sufficient narration in this part he seeks judgment and that the abovesaid Thomas be precluded from his action etc.

The Causes of the Demurrer

Fyrst for that the plaintiff doth not declare in his plee the place certayne behynde the yarde wherin he claymeth to have common nor in whose occupacion hyt ys nor doth make nor convey to hym self any laufull tytle to have common in eny parcell of grounde lyeng behynde the yearde.


Item, an other cause ys for that the bayliffes & burgences clayme common in a forren lordes grounde wherin they be partyes and judges them selfes, the defendant demaundith judgement therin whether they ought to be judgis in their owne cases or not and prayeth that thaccion may debate for the severall causes afore mencioned.

And the abovesaid Thomas Shrawley by his attorney abovesaid says that since he alleged sufficient material in law to maintain his narration abovesaid, to which the said William Phillippes does not answer nor allege in any way, wherefore the same plaintiff seeks his judgment and damages and expenses in this part sustained etc. Therefore the court wants to be advised until the Tuesday, viz., May 10 next to come and the same day is given to the parties here etc.


At which certain court, scilt., at the court held there on [IMG 1650] Tuesday May 10 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [May 10, 1569] before Richard Farr and John Taylour bailiffs of the said lady queen of his town abovesaid according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary, both the abovesaid Thomas Shrawley and the abovesaid William Phillippes by their abovesaid attorneys appeared and thereon it is adjudged by the aforementioned bailiffs by the assent and consent of John Throckmorton knight seneschal of the town of Ludlow abovesaid learned in law that the abovesaid William Phillippes should relinquish the verification and plead to the issue. Therefore day is given to the aforementioned William Phillippes that he be here in court on Tuesday, viz., June 14 next to answer to the aforementioned Thomas Shrawley concerning the abovesaid plea peremptorily, and the same day is given to Thomas Shrawley that he be here etc.


At which certain court there held Tuesday, viz., June 14 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [June 14, 1569] before Richard Farr and John Taylor bailiffs of the lady queen of her town abovesaid according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary, the abovesaid Thomas Shrawley by his abovesaid attorney appeared. And the abovesaid William Phillippes was exacted and did not appear neither by himself nor by his attorney, but withdrew in contempt of court and made a default. Therefore it is ordered to John Dalton, Thomas Alsappe, and William Pyke serjeants at mace of the abovesaid town that they should make to come here in court on Tuesday, viz., June 28 next 12 prudent and lawful men etc., to make the jury between the abovesaid parties by whom etc., and who neither etc., to recognize etc., because both etc.


At which certain court here, scilt., held at Ludlow June 28 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [June 28, 1569] before Richard Farr and John Taylor bailiffs of the lady queen of her town of Ludlow according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary, came both the abovesaid Thomas Shrawley and the abovesaid William Phillippes by their abovesaid attorneys, and the abovesaid serjeants at mace, viz., John Dalton, Thomas Alsapp, and William Pyke now sent that certain precept of venire facias hic duodecim directed thereof to them together with the panel of the names of the jurors annexed to that precept served and executed in all things, none of whom came. Therefore that jury is put in respite before the aforementioned bailiffs here until the next court to be held in the abovesaid town, scilt., July 12 next to come, and the serjeants at mace should have the bodies of the abovesaid jurors to make the recognition etc. And the same day is given to the abovesaid parties here etc.


At which certain court, scilt., at the court held at Ludlow on July 12 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [July 12, 1569] before Richard Farr and John Taylour bailiffs of the lady queen of her abovesaid town according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary came both the abovesaid Thomas Shrawley and the abovesaid William Phillippes by their abovesaid attorneys. And the same William Phillippes brought with him and delivered to Richard Farr and John Taylour bailiffs of the abovesaid town the lady queen’s certain writ of certiorari directed to the same bailiffs, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiffs of her town of Ludlow [IMG 1651], greetings. Wanting for certain causes to be certified on the tenors of all and singular pleas, complaints or actions before you in our court of the abovesaid town without our writ according to the custom of the same town between Thomas Shrawley and William Phillippes from whatever cause or whatever causes made, had, moved, or pending, we order you that distinctly and openly you send the abovesaid tenors with everything touching them by whatsoever names the abovesaid parties are known in those pleas, complaints or actions to us in our chancery on the Octaves of St. Michael next to come wherever then it shall be under your seals, and this writ. Tested me myself at Westminster June 23 in the 11th year of the our reign [June 23, 1569].James

And afterwards, scilt., at the court there held before Thomas Blashefyld and Richard Baylie bailiffs of the said lady queen of her town of Ludlow abovesaid, scilt., on Tuesday November 23 in the 12th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [November 23, 1569], the abovesaid Thomas Shrawley proffered here in the court of the said lady queen another writ of the said lady queen directed to the same bailiffs, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith, etc., to the bailiffs of her town of Ludlow, greetings. Although lately we, wanting from certain causes to be certified on the tenors of all and singular pleas, complaints, or actions before you in our court of the abovesaid town without our writ according to the custom of the same town between Thomas Shrawley and William Phillippes from whatever cause or whatever causes made, had, moved, or pending, ordered you that you send distinctly and openly the abovesaid tenors with everything touching them by whatsoever names the abovesaid parties are known in those pleas, complaints, or actions to us in our chancery under your seals, and this writ, nevertheless for certain causes now moving us we remit the abovesaid pleas or complaints to you, ordering that in the abovesaid pleas, complaints, or actions you should proceed with that speed that by right and according to the law and customs of the abovesaid town you can, our said writ before directed to you to the contrary notwithstanding. Tested me myself at Westminster October 20 in the 11th year of our reign [October 20, 1569]. Cordell.

Thereon by virtue and authority of the same writ day is given by the aforementioned bailiffs to the parties abovesaid that they be here at the court of the abovesaid town to be held on Tuesday, scilt., December 13 then next following [December 13, 1569], and further it is ordered to Thomas Alsapp, John Dalton, and William Pyke serjeants at mace of the abovesaid town as before it was ordered that they have the bodies of the abovesaid jurors to make the recognition etc.


At which certain court, scilt., at the court held at Ludlow on October [sic; melius: December] 13 in the 12th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., before Thomas Blashefyld and Richard Bayle bailiffs of the said lady queen of her town of Ludlow abovesaid according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary, came the abovesaid Thomas [IMG 0594] Shrawley by this abovesaid attorney. And the abovesaid William Phillippes for the third time was solemnly exacted in full court and did not appear by himself or by his attorney. Therefore the jury was adjudicated by default. And also came the abovesaid serjeants at mace, viz., Thomas Alsappe, John Dalton, and William Pyke; they now send that the abovesaid jurors by themselves are separately mainperned by the mainprise of John Harte and Richard Smarte. And the jurors impaneled according to the custom of the abovesaid town, exacted, came, viz., Richard Sherwood, Humfrey Hyntton, Edward Doughtie, William Walle, Richard Cupper, Thomas Dams, William Parteriche, John Beawlyn, William Frenche, Robert Beadoo weaver, John Bubbe, and John Newton, who chosen, tried, and sworn to tell the truth concerning the premisses say on their oath that the abovesaid William Phillippes is guilty of the unjust taking and detention of the abovesaid 2 cows in manner and form as the abovesaid Thomas Shrawley complains against him, and they assess the damages by reason of the abovesaid trespass beyond the outlays, costs, and expenses at 16s, and for outlays, costs, and expenses put out by the same Thomas Shrawley on the suit in this part at 6s2d. Therefore it is considered by the bailiffs that the abovesaid Thomas Shrawley recover against the aforementioned William Phillippes his abovesaid damages assessed by the abovesaid jurors in the abovesaid form at 22s2d, and the same William Phillippes in mercy.

Memorandum: that after judgment rendered thereof and before the abovesaid Thomas Shrawley was made satisfied of his execution, scilt., at the court held at Ludlow abovesaid on Tuesday May 23 in the 12th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [May 23, 1570] before Thomas Blashefyld and Richard Baylie bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary, the abovesaid William Phillippes by John Rogers his abovesaid attorney delivered to the aforementioned Thomas Blashefyld and Richard Baylie bailiffs of the abovesaid town a certain writ of the lady queen of an error to be corrected directed to the same bailiffs and annexed to this record, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiffs of her town of Ludlow, greetings. Because in the record and process and also in the rendering of the judgment of a plea that was before you in the court of the abovesaid town without our writ according to the custom of the same town between Thomas Shrawley and William Phillippes concerning the beasts of the same Thomas taken and unjustly detained as it is said manifest error intervened to the grave damage of the same William as we have received from his complaint, 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 you should send distinctly and openly the record and process of the abovesaid plea with everything touching them to us under your seals, and this writ, so that we have them at the quindene of Holy Trinity wherever then we shall be in England, and this writ, so that, the abovesaid record and process and the rendering of the judgment of the abovesaid plea 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 April 19 in the 12th year of our reign [April 19, 1570].

In testimony of which business we have put our seals to this present record in full court held before us the aforementioned bailiffs at Ludlow on Tuesday, viz., May 30 in the 12th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [May 30, 1570] [IMG 0595]


Afterwards, scilt., on Tuesday next after the third week of Holy Trinity in this same term before the lady queen at Westminster comes the abovesaid William Phylyppes by Thomas Good his attorney. And he says that in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred for this, viz.,

that according to the law and custom of the realm of the lady queen of England on a plea of taking and unjust detention of beasts if the defendant in the same plea not appear, the court where this manner plea pends should adjudicate against the defendant a precept to put the defendant by gage and safe pledges to be at the court where this manner plea pends at a certain day contained in the same precept to answer the plaintiff concerning the taking of the abovesaid beasts, in this that the abovesaid court adjudicated against the abovesaid William a writ to attach the aforementioned William to be before the aforementioned bailiffs of the abovesaid town to answer the aforementioned Thomas in a plea of the taking and detention of the beasts of the same Thomas, no precept “to put” having been returned or executed against the same William, manifestly it was erred as above appears of record.


Moreover, in the record and process abovesaid manifestly it was erred for this, viz., that according to the law and custom of the realm of the said lady queen of England in whatsoever action prosecuted in any of the lady queen’s courts of record when the defendant pleads in bar of the action that the narration of the plaintiff is less sufficient in law and the plaintiff thereon maintains that the narration abovesaid is good and sufficient in law and thereof puts himself on the judgment of the court, the court in this manner case if the narration of the plaintiff is to be adjudicated good and sufficient in law should adjudicate that the plaintiff recover against the defendant for default of a sufficient response of the defendant, in this that on this manner plea pleaded before the aforementioned bailiffs by the abovesaid William the court did not give judgment on the abovesaid narration whether the narration abovesaid was sufficient in law or not but adjudicated that the defendant relinquish his plea and plead to the issue, manifestly it was erred, as above appears of record.


And particularly in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred because the aforementioned bailiffs adjudicated a precept of venire facias 12 etc., to make a jury between that Thomas and William, no issue between the same Thomas and William having been joined in the abovesaid plea, as above it appears of record.


And also in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred because the jury between the abovesaid Thomas and the same William impaneled gave their verdict that the same William was guilty of unjust taking and detention of the abovesaid 2 cows in the manner and form as the abovesaid Thomas against the same William complained, no this manner issue having been joined between the same Thomas and William, manifestly it was erred.


And finally in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred because the aforementioned bailiffs rendered judgment that the abovesaid Thomas recover the abovesaid damages assessed by the abovesaid jurors against the abovesaid William and that the same William be in mercy, when in fact in this manner case no damages were to be assessed by the abovesaid jurors because no issue was joined between the same Thomas and William in the abovesaid plea, as above also it appears of record.

And he seeks the lady queen’s writ to warn the abovesaid Thomas Shrawley to be before the lady queen on the Octaves of Michaelmas.


[Nothing further is enrolled.]