Penryn CD M1607 A Tr
The lord king sent to the seneschal and provost of his borough of Penryn his writ close in these words:
James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to the seneschal and provost of his borough of Penryn, 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 borough abovesaid without our writ according to the custom of the same borough between William Boyer and Henry Sambell concerning a debt of £42 8d6d that the same William exacts from the aforementioned Henry as it is said manifest error intervened to the grave damage of the same Henry 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 send distinctly and openly the abovesaid record and process together with everything touching them to us under your seals, and this writ, so that we have them on the quindene of Martinmas 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 October 26 in the 5th year of our reign of England, France, and Ireland and the 41st of Scotland.Fyttz.
The record and process of which mention is made in the abovesaid writ follow in these words:
Penryn Borough. The court of the borough abovesaid held there February 18 in the 4th year of the reign of our Lord James now king of England, and the 40th of Scotland [February 18, 1607].
William Boyer complains against Henry Sambell in a plea of debt. The abovesaid defendant was attached by John Edie and John Reyle and for default of security was committed to the prison of the abovesaid borough. William Boyer complains against Henry Sambell in a plea of debt. Pledges to prosecute: John Doo, Richard Roo. And wherefore the same plaintiff in his proper person comes, complains, and says that, whereas the abovesaid defendant here at Penryn Borough within etc., on November 10 in the 3rd year of the reign of our Lord James now king of England, France, and Ireland and the 40th of Scotland [November 10, 1605] bought and had from the same plaintiff 700 pounds of soap, in English seven hundred poundes weight of sope for the sum of £21 of the good and lawful money of England to be paid to the same plaintiff completely when the same defendant should be asked thereof, and whereas also the abovesaid defendant here at Penryn borough abovesaid on January 29 in the 4th year of the reign of the said our Lord James now king of England, France, and Ireland and the 40th of Scotland [January 29, 1607] had accounted together with the aforementioned plaintiff of and on divers sums of money owed to the same plaintiff by the same defendant beforehand and on the abovesaid account the abovesaid defendant then and there was found in arrears and acknowledged himself to owe the same plaintiff £21 8s6d of the good and lawful money of England to be paid to the same plaintiff completely when etc., which certain separate sums in all amount to the abovesaid sum of £42 8s6d, nevertheless the abovesaid defendant although often etc., not yet etc., and he owes etc., to the damage of the abovesaid plaintiff at £10. And thereof he produces suit.
On February 18 in the year of the lord 1606 it was ordered by the court that the abovesaid John Edye and John Reyle should proffer here in the abovesaid court Henry Sambell to answer the abovesaid plaintiff in the abovesaid plea. And the abovesaid John Edye and John Reyle return at this court that the abovesaid defendant did not want to appear but refused that. And because the abovesaid defendant, being exacted three times, did not come, therefore he is condemned. Wherefore it is granted by the court that the abovesaid plaintiff recover against the abovesaid defendant the abovesaid debt of £42 8s6d, for damages 2s, and for expenses of court 11s, and the abovesaid defendant now is detained in prison until he satisfy the plaintiff of his abovesaid recovery and there he languishes in extremis. [No process in king’s bench is enrolled.]
