Oxford CD M1539 A Tr
The lord king sent to the mayor and his bailiffs of his town of Oxford 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 his bailiffs and his town of Oxford, 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 abovesaid town without our writ according to the custom of the same town between John Gough and Thomas Bushell of Broad Marston in the county of Gloucester concerning a debt of £9 that the same John exacts from the aforementioned Thomas as it is said manifest error intervened to the grave damage of the same Thomas as we have received from his complaint, we, wanting the error if there was any to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you as formerly we ordered that, if judgment has been rendered thereof as it is said, then distinctly and openly send the record and process of the abovesaid plea with everything touching them to us under your seals, and this writ, such that we have them on the Octaves of the Holy Trinity wherever then we shall be in England, so that, the record and process abovesaid having been inspected we may make to be done further for the correction of that error what of right and according to the law and custom of our realm of England should be done or signify to us the cause why you valued so little our abovesaid order directed to you thereof, and we order you by firmly enjoining this under the penalty of £100 to be levied to our use from your lands and chattels that you not omit on any account, and have there this writ. Tested me myself at Westminster on May 26 in the 30th year of the our reign [May 26, 1538].
The record and process of which mention is made in the abovesaid writ follow in these words:
The Town of Oxford. Pleas in the court of the guildhall of the abovesaid city held there on November 24 in the 29th year of the reign of King 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 [November 24, 1537] before William Banaster mayor of the abovesaid town according to the use and custom of that town used in the same from time whereof memory does not run.
At this court comes John Gowght of Upper Heyford in the county of Oxford yeoman and complains against Thomas Bushell of Broad Marston in the county of Gloucester gentleman concerning a plea that he render to the same John £9 that he owes him and unjustly detains. Pledges to prosecute: Richard Atkynson and William Syngleton. And thereon the same John seeks process according to the law and custom of the abovesaid town to be made for him; thereon at the petition of the said John on the same November 24 in the abovesaid year it was ordered by the said mayor to a certain George Reve one of the serjeants at mace of the same mayor that he summon according to the custom of the abovesaid town the aforementioned Thomas Bushell within the liberty of the same town to be at the court of the said lord king then next following to be held before the aforementioned mayor of the abovesaid town, viz., on December 1 in the 29th year of the said lord king [December 1, 1537] in the guildhall of the said city to answer there the aforementioned John Gowght in the plea of the abovesaid complaint etc. The same day is given to the same John. By pretext of which precept the same serjeant at mace according to the custom of the town abovesaid on the same December 1 in the abovesaid year returned and certified to the abovesaid court that the abovesaid Thomas Bushell had nothing within the liberty of the abovesaid city whereby he could be summoned etc. Thereon afterwards on the same December 1 in the same 29th year at the petition of the abovesaid John Gowght it was ordered by the same mayor to the same serjeant at mace that he take the aforementioned Thomas Bushell so that he have his body at the court of the said lord king to be held on January 11 in the abovesaid 29th year [January 11, 1538] to answer the aforementioned John Gowght in the abovesaid plea etc., and what he should do thereon the same serjeant at mace should return to the same court. The same day is given to the same John there.
At which court of the said lord king held on the said January 11 in the abovesaid 29th year [January 11, 1538] in the abovesaid guildhall before the aforementioned William Banaster mayor of the town of Oxford abovesaid the said John Gowght comes and puts in his place William Jonys his attorney against the said Thomas Bushell in the plea of the abovesaid complaint. And the same serjeant at mace and minister of that court by virtue of the abovesaid precept [IMG 0115] made before to him returned to the same court that he took the abovesaid Thomas Bushell and had the same Thomas then and there ready, which certain Thomas at sufficient mainprise or security was put in bail to William Tayler and Nicholas Hore free men dwelling within the liberty of the abovesaid town to have his body to answer the aforementioned John in the plea of the complaint abovesaid until the end of that plea according to the custom of the abovesaid town. And then and there the same Thomas put in his place Edward Jenkyns his attorney to answer the aforementioned John in his abovesaid plea.
And the same John at the same court by his attorney abovesaid in and on the abovesaid complaint declared and said that, whereas the same Thomas Bushell and John Gowght on March 21 in the 28th year of the reign of King Henry VIII [March 21, 1538] at the home of a certain Richard Gonter in the parish of St. Martin in Oxford within the jurisdiction of this court on divers matters, dissensions, complaints, and litigations, and demands between the same Thomas Bushell and John Gowght had and moved submitted themselves to obey, stand, and perform and execute the arbitration, ordinance, and judgment of the certain Edmund Nowers armiger and John Pye and William Banyster two burgesses and aldermen of the town of Oxford and James Bury gentleman, which certain Edmund, John Pye, William and James, the matters abovesaid, dissensions, complains, litigations, and demands having been declared by the abovesaid parties and having been examined and considered by the same arbitrators, on the same instant day, scilt., March 21 in the abovesaid 28th year of the reign of King Henry VIII [March 21, 1538] in the abovesaid place among other things arbitrated, scilt., that the abovesaid Thomas Bushell should pay or make to be paid to the abovesaid John Gowght, his executors or assigns on the day of St. George the Martyr then next following [April 23, 1538] or before the same day £9 of good and lawful money of England, and although the abovesaid Thomas Bushell was often asked by the same John Gowght, he has not yet rendered the said £9 to be paid to the same John Gowght but refused to pay them to him and still refuses to the damage of the same John Gowght of £3 at least, wherefore he produces his suit.
And the abovesaid Thomas Bushell defendant by his attorney abovesaid comes and defends force and injury as and when etc., and he seeks day to emparl until the next court of the said lord king to be held before the said mayor on January 25 then next to come [January 25, 1538]; and he has it. The same day is given to the aforementioned John Gowght etc.
And at the abovesaid court of the same lord king held on the abovesaid January 25 in the 29th year abovesaid [January 25, 1538] before the aforementioned William Banaster mayor of the abovesaid town of Oxford in the abovesaid guildhall came both the abovesaid John Gowght by his abovesaid attorney and the abovesaid Thomas Bushell by the abovesaid attorney, and by assent of the abovesaid parties they have further day until the next court of the said lord king to be held before the same mayor on February 8 then next to come [February 8, 1538]. And the same day is given to the same parties there.
And at the court held on the abovesaid February 8 in the 29th year of the reign of King Henry VIII before the aforementioned William Banaster mayor of the town of Oxford abovesaid in the abovesaid guildhall came both the abovesaid plaintiff by his abovesaid attorney and the said defendant by his abovesaid attorney. And the same defendant proffered in the same court the said lord king’s writ [IMG 0116] of certiorari returnable before the lord king in his chancery at one month after Easter then next following.
And at the court of the said lord king held in the guildhall abovesaid, viz., February 22 in the 29th year of the reign of the said lord king [February 22, 1538] before the aforementioned William Banaster mayor of the abovesaid town, the abovesaid John Gowght brought in the said lord king’s writ to proceed in the abovesaid cause with that speed by which they can of right and according to the law and custom of the abovesaid town, the said writ of certiorari before directed to them notwithstanding. At which court at the petition of the said plaintiff it was ordered that the abovesaid George Reve serjeant at mace of the mayor re-summon the aforementioned Thomas Bushell and his abovesaid attorney to be at the next court of the said lord king before the said mayor on March 1 then next following [March 1, 1538] then to respond to the aforementioned John Gowght in his complaint abovesaid according to the custom of the abovesaid town; and the same day is given to the same plaintiff to prosecute that complaint etc.
And at that court held on the said March 1 [IMG 0344] in the 29th year of the reign of the said lord king [March 1, 1538] before the said William Banaster mayor of the town of Oxford abovesaid in the abovesaid guildhall both Thomas Bushell by his abovesaid attorney and the aforementioned John Gowght by his abovesaid attorney came. And the said George Reve serjeant at mace and minister of the abovesaid court by virtue of his abovesaid precept etc., returned that he re-summoned the said defendant and his attorney to be at the same court etc., as it had been ordered to him above.
At which certain court the same Thomas Bushell by his abovesaid attorney sought oyer of the complaint and of the narration abovesaid, and it is read to him etc. Which having been read and heard and understood by him, he further defended force and injury as and when etc., and damages etc., and he says that he does not owe the aforementioned John Gowght the said £9 specified in the said declaration of the said plaintiff nor any penny thereof in the manner and form as the same plaintiff above declared against him etc. And of this the same defendant puts himself on the countryside etc.
And the aforementioned plaintiff by his said attorney says that the same defendant owes the aforementioned plaintiff the said £9 specified in the said declaration of the said plaintiff in the manner and form as the same plaintiff above declared. And of this the same plaintiff similarly puts himself on the countryside etc.
Therefore it is considered by the same court that a jury should come thereof from the said town of Oxford etc., thereon according to the custom of the abovesaid town at the petition of the said plaintiff it is ordered by the aforementioned mayor to the said George Reve a serjeant at mace of the said mayor that he summon and make to come to the then next court of the said lord king to be held on March 8 in the 29th year of the reign of the said lord king [March 8, 1538] before the aforementioned mayor in the abovesaid guildhall 18 prudent and lawful men of the abovesaid town of whom each should have etc., to the value etc., by whom etc., and who neither etc., to recognize etc., because both etc., to be at the same court of the said lord king next to be held before the same mayor in the abovesaid guildhall; and the same day is given to the abovesaid parties etc.
And at the court of the said lord king held on the same March 8 in the 29th year of the reign of King Henry VIII before the aforementioned William Banaster mayor of the town of Oxford abovesaid in the abovesaid guildhall come both the abovesaid plaintiff by his abovesaid attorney and the aforementioned defendant by his said attorney etc. And the said George Reve serjeant at mace of the said mayor by virtue of his abovesaid precept etc., returned the names of 18 prudent and lawful men of the said town of Oxford of whom each has etc., and that he by virtue of the same precept summoned the same 18 according to the force, form, and effect of the abovesaid precept made thereof to him, and that each of them is attached by himself by the pledge of John Doo and Richard Roo, which certain jurors were exacted and did not appear. Thereon at the same court at the petition of the said plaintiff it was ordered by the said mayor to the aforementioned serjeant at mace that again he summon the 18 men to be at the next court of the said lord king to be held on March 15 in the abovesaid 29th year [March 15, 1538] before the same mayor in the abovesaid guildhall etc., and further that he add to them 6 such persons of the said town of Oxford each of whom etc., by whom etc., who neither etc., to recognize etc., because both etc., and that he summon the 6 such persons that they be at the next court of the said lord king to be held before the same mayor in the abovesaid guildhall to make that jury together etc. And the same day is given to the abovesaid parties etc.
And at the same court of the lord king held at the same March 15 in the abovesaid year [March 15, 1538] before the said William Banester mayor of the town of Oxford abovesaid in the abovesaid guildhall come the abovesaid plaintiff and the abovesaid defendant by their abovesaid attorneys. And the aforementioned George Reve serjeant at mace comes and returns to the said court that he again summoned the said 18 men etc., and that he added to them 6 such men from the said town of Oxford and that he summoned the same 6 such men to be at the same court to make the abovesaid jury according to the force, form, and effect of the precept made thereof to him etc. Thereon at the same court held before the same mayor in the abovesaid guildhall the said 18 men and 6 such men abovesaid solemnly were exacted and did not appear. And further at the petition of the said plaintiff it was ordered by the said mayor to the aforementioned serjeant at mace that he distrain the same 18 men and the said 6 such men to be at the next court of the said lord king to be held on March 22 in the 29th year abovesaid [March 22, 1538] before the aforementioned mayor in the abovesaid guildhall then next following to make that jury etc. The same day is given to the abovesaid parties etc. [IMG 0345]
And at the court of the said lord king on the same March 22 in the 29th year [March 22, 1538] before the abovenamed William Banaster mayor of the town of Oxford abovesaid in the abovesaid guildhall both the abovesaid plaintiff and the said defendant by their abovesaid attorneys came; and the aforementioned George Reve serjeant at mace and minister of this court comes and returns to the same court that he distrained the said 18 men and the said 6 such men to be at the same court to make that jury according to the force, form and effect of the precept made thereof to him etc., the issue of which appears on their heads [a reference, it seems, to a portion of the return] etc. Thereon then and there the abovesaid Thomas Bushell proffered another writ of the lord king of certiorari returnable before the lord king in his chancery at three weeks after Easter then next to come wherever then he shall be etc.
Thereon afterwards, viz., on April 1 in the 29th year abovesaid the said John Gowght delivered to the aforementioned mayor of the town of Oxford abovesaid another writ of the said lord king to proceed, to prosecute in the abovesaid chancery with that speed with which they can proceed of right and according to the law and custom of the abovesaid town, the said writ of the lord king of certiorari previously directed thereof or thenceforth to be directed notwithstanding. Thereon afterwards at the petition of the said plaintiff it was ordered to the then and there aforementioned George Reve a serjeant at mace of the said mayor that he re-summon the abovesaid defendant and his abovesaid attorney to be at the next court of the said lord king to be held before the said mayor then next following to answer the aforementioned plaintiff in the plea of the complaint abovesaid etc., viz., [IMG 0346] April 5 in the 29th year of the reign of the said lord king [April 5, 1538], and that the same serjeant at mace again de novo summon the abovesaid 18 men and 6 such men of the town of Oxford empaneled by him before to be on the abovesaid jury at the same court to be held before the same mayor in the abovesaid guildhall to make that jury etc. And the same day is given to the abovesaid parties etc.
And at the same court held there on April 5 in the abovesaid year [April 5, 1538] come both the abovesaid plaintiff and the said defendant by their abovesaid attorneys etc., and the abovesaid George Reve serjeant at mace and minister of the court returned there that he re-summoned the abovesaid defendant and his abovesaid attorney to be at the same court, and that he again de novo summoned the abovesaid 18 men and 6 such men to be at the same court as he above had been ordered. Thereon at the same court held before the aforementioned mayor the said 18 men and 6 such men solemnly were exacted etc., from whom 12 of them appeared, viz., Richard Westcrosse, William Mundy, John Manston, Robert Jermyn, Henry Colt, Jerard Plought, John Haukyns, John Westborn, Phillip Dee, Richard Raulyns, John Redshawe, and James Gardener, which certain 12 men were chosen, tried, and sworn to tell the truth of and on the premisses between the abovesaid parties, and they say on their oath that the said Thomas Bushell defendant owes to the aforementioned John Gowght plaintiff the said £9 in manner and form as the same plaintiff alleged in his abovesaid declaration, and they assess the damages of the said plaintiff by occasion of the detention of the debt at £3, and the costs at £4. Therefore by and at the same court at the petition of the said plaintiff it is considered that the abovesaid plaintiff recover against the said defendant the said £9 and the said £3 for the damages by occasion of the same [IMG 0117] debt and the said £4 for outlays and costs assessed by the abovesaid jurors, and the said defendant in mercy etc. On which certain judgment afterwards on the petition of the said plaintiff it was ordered to the aforementioned George Reve a serjeant at mace of the said mayor that he take the abovesaid Thomas Bushell by his body if he should be found within the liberty of the abovesaid town and guard him safely so that he have his body before the same mayor without delay to satisfy the aforementioned John Gowght both of the said £9 of the debt and the said £3 for the damages by occasion of the detention of that debt and of the said £4 for outlays and costs that the same plaintiff recovered by the abovesaid jury and that were adjudicated by the court of the said lord king; and if the abovesaid Thomas Bushell not be able to be found within the liberty of the abovesaid town etc., then take William Taylour and Nicholas Hore the abovenamed free men mainpernors of the abovesaid Thomas Bushell to satisfy the aforementioned plaintiff both of the abovesaid debt and of the damages, outlays, and costs abovesaid etc., and have there this precept.
And this is the record and process of the plea abovesaid with all things touching them that we send to the lord king under our seals to the place and day contained in the said writ of error.
Afterwards, scilt., on October 9 in this same term before the lord king at Westminster comes the abovesaid Thomas Bushell by Richard Heywode his attorney and says that in the record and process abovesaid as well as in the rendering of the abovesaid judgment manifestly it was erred for this, viz.,
that the abovesaid John Gought in the abovesaid narration says that the abovesaid arbitrators named in the same narration arbitrated that the abovesaid Thomas Bushell should pay or make to be paid to the abovesaid John Gought, his executors or assigns the abovesaid £9 at or before the abovesaid feast recited in the same narration, in this that in that narration by the abovesaid arbitrators abovesaid no cause or consideration is recited on account of which the abovesaid arbitrators adjudicated or arbitrated that the abovesaid Thomas Bushell should pay the aforementioned John Gought the abovesaid £9 as above appears by the abovesaid narration.
And the same Thomas Bushell seeks the lord king’s writ to warn the abovesaid John Gought to be before the said lord king to hear the record and process abovesaid, 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 John Gought that he be before the lord at one month after St. Michael etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas Bushell etc.
At which day before the lord king at Westminster comes the abovesaid Thomas Bushell by his attorney abovesaid, and the sheriff returned that the abovesaid John Gought has nothing in his bailiwick whereby he is able to make it known to him nor is he found in the same. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned John Gought that he be before the lord king on the Octaves of St. Hilary wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas Bushell etc.
At which day before the lord king at Westminster comes the abovesaid Thomas Bushell by his abovesaid attorney, and the sheriff returned that the abovesaid John Gought has nothing in his bailiwick whereby he can make it to be known to him nor is he found in the same. And the abovesaid John Gought on the 4th day of the plea solemnly exacted comes by John Weston his attorney.
Thereon the abovesaid Thomas Bushell as before says that in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred by alleging the errors abovesaid by him alleged in the abovesaid form, and he seeks that the court of the lord king here proceed to examination both of the record and process abovesaid and of the errors abovesaid as well as that the same Thomas Bushell be restored to everything he lost by occasion of the abovesaid judgment and that the abovesaid John Gought rejoin to the abovesaid errors etc.
And the abovesaid John Gought seeks license to emparl thereof, and it is granted to him. And thereon day is given thereof to the abovesaid parties before the lord king until 15 days after Easter wherever etc., viz., to the aforementioned John Gought to emparl on those errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come the parties abovesaid by their abovesaid attorneys, and the abovesaid John Gought further seeks thereof day to emparl, and it is granted to him etc. And thereon day thereof is given to the abovesaid parties before the lord king until on the Octaves of the Holy Trinity wherever etc., viz., to the aforementioned John Gought to emparl on those errors abovesaid and then to rejoin to those errors etc.
At which day before the lord king at Westminster come the abovesaid parties by their abovesaid attorneys, and the abovesaid John Gought further seeks thereof a day to emparl, and it is granted to him etc. And thereon day thereof is given to the abovesaid parties before the lord king until on the morrow of All Souls wherever etc., viz., to the aforementioned John Gought to emparl on those errors and then to rejoin on those errors etc.
At which day before the lord king at Westminster come the abovesaid parties by their abovesaid attorneys. Thereon the abovesaid Thomas Bushell seeks that the abovesaid John Gought rejoin to the abovesaid errors.
And the abovesaid John Gought says nothing to those errors.
And the abovesaid Thomas Bushell as before seeks that the court of the lord king here proceed to the examination both of the record and process abovesaid and of the abovesaid errors. And because the court of the lord king here is not yet advised to render its judgment of and on the premisses, day is given thereof to the abovesaid parties before the lord king until on the Octaves of St. Hilary wherever etc., to hear their judgment thereof, because the court of the lord king here thereof not yet etc.
At which day before the lord king at Westminster come the abovesaid parties by their abovesaid attorneys, and because the court of the lord king here is not yet advised to render its judgment of and on the premisses, day thereof is given further to the abovesaid parties before the lord king until 15 days after Easter wherever etc., to hear their judgment thereof, because the court of the lord king here thereof not yet etc.
