Shaftesbury CD T1607 A Tr

From Waalt

The lord king sends to the mayor, recorder, and burgesses of the borough of Shaftesbury 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 mayor, recorder, and burgesses of the borough of Shaftesbury, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you in our court of the abovesaid borough without our writ between Richard Keynell gentleman and Robert Willoughby gentleman concerning a certain trespass on the case inflicted on the same Richard by the aforementioned Robert as it is said manifest error intervened to the grave damage of the same Robert, as have received from his complaint, we, wishing 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 that, if judgment thereof has been rendered, then you should send clearly and openly the record and process of the abovesaid plea with all things touching them to us under your seal and this writ, so that we have them at 15 days after Holy Trinity wherever we may be in England, so that, the abovesaid record and process having been inspected, we can 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 19 in the 5th year of our reign of England, France, and Ireland and the 40th of Scotland [May 19, 1607.]


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

Shaftesbury Borough in the county of Dorset. Pleas held in the lord king’s court of record of the borough of Shaftesbury in the county of Dorset in the new guildhall of the same borough according to the liberties and privileges granted to the mayor and burgesses of the abovesaid borough by the lord James now king of England etc., by his letters patent bearing the date July 29 in the 2nd year of his reign of England, France, and Ireland and the 38th [July 29, 1604] sealed by his great seal of England, before Richard Hurman mayor, John Boden gentleman recorder, and William Mason gentleman, and other burgesses of the abovesaid borough on Saturday, scilt., May 25 in the 3rd year of the reign of the said our lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., viz., the 3rd year as king of England, France, and Ireland and the 38th of Scotland.

At this court comes Richard Keynell in his proper person and complains against Robert Willoughby gentleman concerning a plea of trespass on the case at damages of 100s; and he finds pledges to prosecute his complaint abovesaid against the aforementioned Robert Willoughby, scilt., John Doo & Richard Roo. And he seeks process to be made thereof for him against the aforementioned Robert Willoughby according to the liberties and privileges abovesaid. And it is granted to him. And thereon according to the liberties and privileges abovesaid it is ordered to Nicholas Uprichardes one of the serjeants at mace in the abovesaid borough and minister of the abovesaid court that he summon by good summoners the abovesaid Robert Willoughby such that he be before the aforementioned mayor, recorder, and burgesses at the said lord king’s next court of record of the abovesaid borough to be held in the new guildhall abovesaid on Saturday, scilt., June 1 then next following, to answer the aforementioned Richard Keynell concerning the abovesaid plea. The same day is given to the aforementioned Richard Keynell here etc. And thereon Richard Keynell puts in his place John Blanford his attorney against the aforementioned Robert Willoughby in the abovesaid plea.


At which certain the said lord king’s next court of the abovesaid borough held in the new guildhall abovesaid on the Saturday, scilt., the abovesaid June 1 in the 3rd year of the reign of our said lord James now king of England etc., before the aforementioned mayor, recorder, and burgesses of the abovesaid borough comes Richard Keynell by his abovesaid attorney, and the serjeant at mace of the abovesaid borough and minister of the abovesaid court certified that the abovesaid Robert Willoughby has nothing in the borough abovesaid whereby he can be summoned. Therefore, according to the liberties and privileges abovesaid it is ordered to the aforementioned serjeant at mace and minister of the abovesaid court that he take the aforementioned Robert Willoughby if etc., and him safely etc., such that at the next court of the said lord king of the abovesaid borough to be held in the abovesaid guildhall before the aforementioned mayor, recorder, and burgesses of the abovesaid borough on the Saturday, scilt., June 8 then next following, to answer the aforementioned Richard Keynell concerning the abovesaid plea. The same day is given to the aforementioned Richard Keynell here etc.


At which certain the said lord king’s next court of the abovesaid borough in the new guildhall abovesaid on the Saturday, scilt., the abovesaid June 8 in the abovesaid 3rd year [June 8, 1605] before the aforementioned mayor, recorder, and burgesses of the abovesaid borough comes the abovesaid Richard Keynell by his abovesaid attorney. And the abovesaid serjeant at mace and minister of the abovesaid court returns the abovesaid precept in all things served and executed, viz., that he by virtue of the abovesaid precept took the body of the abovesaid Richard Willoughby, which certain body he had ready then and there as it was ordered to him. And thereon the abovesaid Robert Willoughby at the same court, solemnly exacted, comes in his proper person and puts in his place Hugh Gibbes his attorney against the aforementioned Richard Keynell in the abovesaid plea. And thereon the abovesaid Robert Willoughby present in the same court according to the liberties and privileges abovesaid found before the aforementioned mayor, [IMG 5175] recorder, and burgesses of the abovesaid borough sufficient pledges, scilt., John Gilbert alias Mayne who here in the abovesaid court in proper person mainperned that the same Robert Willoughby will stand right in the abovesaid court here on the complaint abovesaid and will not default at any day given to the same Robert Willoughby thereof nor withdraw or absent himself from the execution of his judgment if thereof it is rendered against him under pain of incurring the same execution to be made from his body, lands, and chattels should it happen that the aforementioned Robert Willoughby at any day of the abovesaid plea default or absent himself from receiving or awaiting the execution of the judgment rendered against him. And thereon day is given both to the aforementioned Richard Keynell and to the aforementioned Robert Willoughby to be here at the next court to be held before the aforementioned mayor, recorder, and burgesses of the borough abovesaid in the new guildhall abovesaid on Saturday, scilt., June 15 then next following, to be here etc.


At which certain next court held in the new guildhall abovesaid before the aforementioned mayor, recorder, and burgesses of the abovesaid borough on the Saturday, scilt., the abovesaid June 15 [June 15, 1605], come both the aforementioned Richard Keynell and the abovesaid Robert Willoughby by their abovesaid attorneys. And thereon the abovesaid Richard Keynell by narrating says that, whereas the abovesaid Robert Willoughby on September 20 in the 45th year of the reign of our lady Elizabeth late queen of England etc., at Shaftesbury abovesaid within the jurisdiction of the abovesaid court because the abovesaid Richard Keynell undertook onto himself and faithfully promised a certain Thomas Frye that he would well and faithfully pay the same Thomas Frye 80s of lawful English money for a certain parcel of woolen broadcloth that the same Robert Willoughby then and there bought from the same Thomas Frye then and there assumed on himself and promised well and faithfully that he would well and faithfully pay to the same Richard Keynell 80s of lawful English money when he should be asked thereof, nevertheless the abovesaid Robert Willoughby, not at all weighing his promise and undertaking but scheming and deceitfully intending falsely and fraudulently to deceive the abovesaid Richard Keynell of the abovesaid 80s, has still not rendered the same 80s to the aforementioned Richard Keynell although often asked but to this time refused to render them and still refuses, to the damage of the same Richard Keynell of 20s., and thereof he produces suit etc.

And the abovesaid Robert Willoughby by his attorney abovesaid comes and defends force and injury when etc., and seeks license to emparl thereof here until the next court to be held before the aforementioned mayor, recorder, and burgesses of the abovesaid borough in the new guildhall abovesaid on the Saturday, scilt., June 22 then next following [June 22, 1605]. And it is granted to him. The same day is given to the aforementioned Richard Keynell here etc.


At which day come here both the aforementioned Richard Keynell and the abovesaid Robert Willoughby by their abovesaid attorneys. And the abovesaid Robert Willoughby further seeks license to emparl thereof here until the next court to be held before the aforementioned mayor, recorder, and burgesses of the abovesaid borough in the abovesaid new guildhall on the Saturday, scilt., [IMG 6702] June 29 then next following [June 29, 1605]. And it is granted to him. The same day is given to the aforementioned Richard Keynell here etc.


At which day come here both the aforementioned Richard Keynell and the abovesaid Robert Willoughby by their abovesaid attorneys. And the abovesaid Robert Willoughby further seeks license thereof to emparl here until the next court to be held before the aforementioned mayor, recorder, and burgesses of the abovesaid borough in the new guildhall abovesaid on the Saturday, scilt., July 6 then next following [July 6, 1605]. And it is granted to him. The same day is given to Richard Keynell here etc.


At which day come both the aforementioned Richard Keynell and the abovesaid Robert Willoughby by their abovesaid attorneys. And the abovesaid Robert Willoughby further seeks license to emparl thereof here until the next court to be held before the aforementioned mayor, recorder, and burgesses in the abovesaid new guildhall on Saturday, scilt., July 13 then next following [July 13, 1605]. And it is granted to him. The same day is given to the aforementioned Richard Keynell here etc.


At which day come here both the abovesaid Richard Keynell and the abovesaid Robert Willoughby by their abovesaid attorneys. And the abovesaid Richard Keynell seeks that the abovesaid Robert Willoughby respond to his abovesaid narration. Thereon according to the liberties and privileges abovesaid it is considered by the same mayor, recorder, and burgesses that if the abovesaid Robert Willoughby not answer at the next court to be held before the aforementioned mayor, recorder, and burgesses in the new guildhall abovesaid on Saturday, scilt., July 20 then next following [July 20, 1605], judgment will be entered against the aforementioned Robert Willoughby for default of response. The same day is given to the aforementioned Richard Keynell here etc.


At which day comes here the abovesaid Richard Keynell by his attorney and presented himself against the aforementioned Robert Willoughby concerning the abovesaid plea. And solemnly exacted, he did not come nor does he render any response. Therefore according to the liberties and privileges abovesaid it is considered by the same mayor, recorder, and burgesses that the abovesaid Richard Keynell recover against the aforementioned Robert Willoughby his damages by the law of the land by occasion of the abovesaid trespass, but because it is not known what damages the abovesaid Richard Keynell sustained both by occasion of the abovesaid trespass and by his outlays and costs put out on the prosecution of the abovesaid action, therefore according to the liberties and privileges abovesaid it is ordered to the aforementioned serjeant at mace and minister of the abovesaid court that he should make to come at the next court to be held before the aforementioned mayor, recorder, and burgesses in the abovesaid new guildhall on Saturday, scilt., July 27 then next following [July 27, 1605] 12 prudent and lawful men of the abovesaid borough to be inquired on their oath what damages the abovesaid Richard Keynell sustained both by occasion of the abovesaid trespass and by his outlays and costs put out on the prosecution of the abovesaid action.


At which day come both the aforementioned Richard Keynell and the aforementioned Robert Willoughby by their abovesaid attorneys. And the abovesaid serjeant at mace and minister of the court abovesaid returned and certified the abovesaid precept served and executed in all things as it was ordered to him, the names of whom appear in a certain panel annexed to the same precept, viz., Thomas Bryan, Thomas Lacey, Robert Cooper, Henry Vincent, Henry Gater, Warner Moreby, Giles Terrell Tristram Jarvys, John Longe, John Moores, Nicholas Cooper, and Thomas Muston. And thereon the abovesaid jurors, exacted, came, who, chosen, tried, and sworn to tell the truth concerning the premisses, say on their abovesaid oath that the abovesaid Richard Keynell sustained damages by occasion of the abovesaid trespass beyond his outlays and costs put out on the prosecution of the abovesaid action at 80s, and for the outlays and costs at 20s. Therefore according to the liberties and privileges abovesaid it is considered that the abovesaid Richard Keynell recover against the aforementioned Robert Willoughby his damages abovesaid assessed by the abovesaid jurors in the abovesaid form, which certain damages in all amount to 100s. And let the abovesaid Robert Willoughby be taken.


[IMG 6703] Afterwards, scilt., on Thursday next after the third week of Holy Trinity in this same term before the king at Westminster comes the abovesaid Robert Willoughby by Jonas Pynsent his attorney and immediately says that in the record and process abovesaid as well as in the rendering of the judgment abovesaid manifestly it was erred in this, viz.,

that by the abovesaid record it appears that the abovesaid undertaking and promise made by the abovesaid Robert supposed by the abovesaid record narrated to have been made on September 20 in the 45th year of the reign of the lady Elizabeth late queen of England [September 20, 1603], before which day the said late queen died, and in this manifestly it was erred.


It was erred also in this, because, viz., whereas by the abovesaid record it appears that the abovesaid Richard says that he by reason of non-performance of the promise and undertaking abovesaid made as set out above he is worse off only to the damage of 20s, and by the record abovesaid similarly it appears that the abovesaid jurors on their oath said that the abovesaid Richard Keynell sustained damages beyond his outlays and costs put out by him on his suit in this part at 80s, and the abovesaid judgment was rendered against the aforementioned Robert Willoughbye for the abovesaid 80s, and similarly in this manifestly it was erred.


And moreover it was erred in this that by the record abovesaid it appears that the abovesaid Richard Keynell narrated against the abovesaid Robert Willoughby in a plea of trespass on the case, and the abovesaid jurors assessed the damages by occasion of the trespass only, and in this it was manifestly erred.

And the same Robert Keynell seeks the lord king’s writ to be directed to the sheriff of Dorset to warn the abovesaid Richard Keynell to be before the lord king to hear the record and process abovesaid. And it is granted to him etc. And thereon it was ordered to the sheriff of the abovesaid county that by prudent etc., he should make the abovesaid Richard Keynell to know to be before the lord king on the Octaves of St. Michael wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Robert Willoughby etc.