Shrewsbury CD M1571 A Tr
The lady queen sent to the bailiffs of the town of Shrewsbury 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 Shrewsbury, 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 town without our writ according to the custom of the same town between Elizeus ap Gryffyth gentleman and Griffin ap Meredyth son and heir of Meredyth ap David ap Howell ap Gyttyn lately of Melverley in the county of Shropshire yeoman deceased concerning a debt of 100 marks that the same Elizeus exacts from the aforementioned Griffin as it is said manifest error intervened to the grave damage of the same Griffin as we 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 that if judgment has been rendered thereof then distinctly and openly send the abovesaid record and process with everything touching them to us under your seals, and this writ, so that we have them at 15 days after the Holy Trinity wherever we shall then be in England so that, the abovesaid record and process having been inspected, we may make to be done what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster June 2, the 13th year of our reign. [June 2, 1571]
The record and process of which mention is made follow in these words:
The Town of Shrewsbury. The little court of the lady queen held there on Tuesday, scilt., August 17 in the 10th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith [August 17, 1568], in the guildhall of the abovesaid town before Richard Mytton and Thomas Sturrye armigers bailiffs of that town according to the customs, liberties, and franchises of the same town used and approved in the same from time whereof the memory of men runs not to the contrary.
At this court comes Elizeus ap Griffythe gentleman in his proper person and complains against Griffin ap Meredith son and heir of Meredith ap David ap Howell ap Gyttyn lately of Melverley in the county of Shropshire yeoman deceased concerning a plea that he render to him 100 marks of the lawful money of England that he unjustly detains from him. And he finds pledges to prosecute his complaint abovesaid, viz., John Doo and Richard Roo. And he seeks process thereof to be made against the abovesaid Griffin ap Meredith according to the custom of the abovesaid town etc. Therefore according to the custom of this town used and approved from time whereof there is no memory it is ordered to John Nicolles serjeant at mace within the same town and minister of the abovesaid court that he summon by good summoners the abovesaid Griffin ap Meredith that he be here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town before the bailiffs of this town to be held at the next court of the lady queen on Tuesday, scilt., the last day of August next to come, to answer the aforementioned Elizeus ap Griffith concerning the plea abovesaid. The same day is given to the aforementioned Elizeus ap Gryffyth here, scilt., at the town of Shrewsbury abovesaid.
And thereon the same Elizeus ap Gryffyth puts in his place Richard Hyggyns against the aforementioned Griffin ap Meredyth concerning the abovesaid plea.
At which certain next court here, scilt., at the town of Shrewsbury abovesaid the abovesaid last day of August in the abovesaid 10th year of the reign of the now lady queen [August 31, 1568] before the aforementioned bailiffs according to the customs etc.
The abovesaid Elizeus ap Griffith by his abovesaid attorney comes and offers himself against the aforementioned Griffin ap Meredyth concerning the abovesaid plea. And he does not come. And the abovesaid John Nycolls serjeant at mace etc., and minister of this court according to the custom abovesaid now here attests that the abovesaid Griffin ap Meredyth has nothing within the abovesaid town where he can be summoned. And therefore according to the custom abovesaid it is ordered to the aforementioned John Nicholls serjeant at mace etc., that he take the abovesaid Griffin ap [IMG 0655] Meredyth if etc., and him safely etc., so that he have his body before the aforementioned bailiffs at the next court here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town at the next court of the lady queen to be held on Tuesday, viz., September 14 next to come according to the abovesaid custom to answer to the aforementioned Elizeus ap Griffith concerning the abovesaid plea. The same day is given to the aforementioned Elizeus ap Griffith here etc.
At which certain next court held here, scilt., at the abovesaid town in the guildhall of the same town on the said Tuesday, scilt., September 14 in the abovesaid 10th year of the reign of the said now lady queen [September 14, 1568] before the aforementioned bailiffs according to the customs etc.
The abovesaid Elizeus ap Griffyth by his abovesaid attorney comes and offers himself against the aforementioned Griffin ap Meredith concerning the abovesaid plea. And the aforementioned John Nicolles serjeant at mace etc., and minister of the abovesaid court returns his abovesaid precept directed thereof to him served and executed in all things, viz., that he took the body of the abovesaid Griffin ap Meredith, the body of whom he has here ready as by that precept it was ordered to him.
And thereon the same Griffin ap Meredith puts in his place John Bemon against the abovesaid Elizeus ap Griffith concerning the abovesaid plea.
Thereon the abovesaid Elizeus ap Griffith by his abovesaid attorney by narrating against the same Griffin ap Meredith in the same plea says that, whereas the abovesaid Meredith in his life on February 3 in the 3rd and 4th year of the reign of lord and lady Phillip and Mary [IMG 1722] [February 3, 1557] at the town of Shropshire abovesaid in the Welsh ward there and within the jurisdiction of this court by his certain obligatory writing granted that he was bound to the same plaintiff in 100 marks to be paid to the same plaintiff when he should be asked thereof, nevertheless the abovesaid Meredith in his life and the abovesaid defendant after his death although often asked did not render the abovesaid 100 marks to the same plaintiff but refused to render them to him and still refuses to render and unjustly detains, whereby action accrues to the aforementioned plaintiff to prosecute, wherefore he says that he is worse off and has damages to the value of £10. And thereof he produces suit. 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 Griffin ap Meredith by his abovesaid attorney comes etc., and seeks license to emparl thereof here until the next court of the lady queen to be held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on Tuesday, scilt., September 28 next to come [September 28, 1568] before the aforementioned bailiffs of that town according to the customs abovesaid, and he has it etc. The same day is given to the aforementioned Elizeus ap Griffith here etc.
At which certain next court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, scilt., the abovesaid September 28 in the 10th year of the reign of the said now lady queen [September 28, 1568] before the aforementioned bailiffs of the same town according to the custom abovesaid, came both the abovesaid Elizeus ap Griffith and the abovesaid Griffin ap Meredith by their attorneys abovesaid. And the abovesaid Griffin ap Meredith says that the plea of the abovesaid Elizeus ap Griffith and the abovesaid narration pleaded in the abovesaid manner and form is less sufficient in law to which he has no need and by the law of the land is not bound to answer further, wherefore he seeks judgment and that the abovesaid plaintiff be precluded from his abovesaid action.
And the abovesaid Elizeus ap Griffith by his abovesaid attorney says that since the abovesaid matter above alleged by him in his abovesaid narration against the said Griffin ap Meredith, which he is ready to verify, is sufficient in law to maintain his abovesaid action, which certain matter the abovesaid Griffin ap Meredith does not deny nor answer him in any way, but wholly refused to admit that verification, he seeks judgment and that his debt and his damages sustained by occasion of the detention of this debt be adjudicated to him etc.
And because the court of the lady queen here wants to advise itself of and on the abovesaid matter in the abovesaid narration before it proceeds to render judgment thereof, day is given thereof to the abovesaid parties here until the next court of the lady queen to be held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on Tuesday October 12 next to come [October 12, 1568] before the bailiffs of this town according to the customs abovesaid to hear their judgment thereof etc., because the court of the lady queen here not yet etc.
And the abovesaid Richard Mytton and Thomas Sturrye after these things and before the next court, scilt., on October 1 in the abovesaid 10th year of the reign of the said lady queen [October 1, 1568] were legitimately exonerated from the office of bailiff of the abovesaid town according to the custom of the same town. And a certain George Leighe and Richard Owen then and there according to the custom abovesaid were duly chosen and appointed as bailiff of this town.
And at the same next court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., the abovesaid October 12 in the abovesaid 10th year of the reign of the said now queen [October 12, 1568] before the aforementioned George Leighe and Richard Owen bailiffs of the same town according to the custom abovesaid, come both the abovesaid Elizeus ap Griffith and the abovesaid Griffin ap Meredith by their abovesaid attorneys. And because the court of the lady here is not yet advised fully of and on the abovesaid matter, day thereof is given to the abovesaid parties before the bailiffs of this town here until the next court of the lady queen to be held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on Tuesday [IMG 1723] October 26 next to come [October 26, 1568] before the bailiffs of this town according to the custom abovesaid to hear their judgment thereof etc., because the court of the lady queen here not yet etc.
[And similar adjournments
from October 26 to the court at November 9, 1568
from November 9 to the court at November 23, 1568
from November 23 to the court of December 7, 1568 [IMG 656]
from December 7 to the court of December 21, 1568
from December 21 to the court of January 4, 1569
from January 4 to the court of January 18, 1569
from January 18 to the court of February 1, 1569 [IMG 0657]
from February 1 to the court of February 15, 1569
from February 15 to the court of March 1, 1569
from March 1 to the court of March 15, 1569 [IMG 1724]
from March 15 to the court of March 21, 1569 [sic, better: March 29]
from March 29 to the court of April 12, 1569
from April 12 to the court of April 26, 1569
from April 26 to the court of May 10, 1569
from May 10 to the court of May 24, 1569 [IMG 1725]
from May 24 to the court of June 7, 1569
from June 7 to the court of June 21, 1569
from June 21 to the court of July 5, 1569 [IMG 0658]
from July 5 to the court of July 19, 1569
from July 19 to the court of August 2, 1569
from August 2 to the court of August 16, 1569
from August 16 to the court of August 30, 1569
from August 30 to the court of September 13, 1569 [IMG 0659]
from September 13 to the court of September 27, 1569
from September 27 to the court of October 11, 1569 [IMG 0660]]
[change in bailiffs from Leighe and Owen to George Higgins and George Prowde on September 30] [IMG 1726]
[further adjournments:
from October 11 to the court of October 25, 1569
from October 25 to the court of November 8, 1569
from November 8 to the court of November 22, 1569
from November 22 to the court of December 6, 1569 [IMG 1727]
from December 6 to the court of December 20, 1569
from December 20 to the court of January 3, 1570
from January 3 to the court of January 17, 1570
from January 17 to the court of January 31, 1570 [IMG 0661]
from January 31 to the court of February 14, 1570
from February 14 to the court of February 28, 1570
from February 28 to the court of March 14, 1570 [IMG 0662]
from March 14 to the court of March 28, 1570
from March 28 to the court of April 11, 1570
from April 11 to the court of April 25, 1570
from April 25 to the court of May 9, 1570 [IMG 1728]
from May 9 to the court of May 23, 1570
from May 23 to the court of June 6, 1570
from June 6 to the court of June 20, 1570
from June 20 to the court of July 4, 1570
from July 4 to the court of July 18, 1570 [IMG 1729]
from July 18 to the court of August 1, 1570
from August 1 to the court of August 15, 1570
from August 15 to the court of August 29, 1570 [IMG 0663]
from August 29 to the court of September 12, 1570
from September 12 to the court of September 26, 1570
from September 26 to the court of October 10, 1570]
[change in bailiffs from Higgins and Prowde to Humfrey Onslowe and Hugh Baynes on October 6, 1570]
[further adjournments
from October 10 to the court of October 24, 1570 [IMG 0664]
from October 24 to the court of November 7, 1570
from November 7 to the court of November 21, 1570 [IMG 0665]
from November 21 to the court of December 5, 1570 [IMG 1730]
from December 5 to the court of December 19, 1570
from December 29 [sic; better: 19] to the court of January 2, 1571
from January 2 to the court of January 16, 1571
from January 16 to the court of January 30, 1571
from January 30 to the court of February 13, 1571 [IMG 1731]
from February 13 to the court of February 27, 1571
from February 27 to the court of March 13, 1571 [IMG 0666]
from March 13 to the court of March 27, 1571
from March 27 to the court of April 10, 1571
from April 10 to the court of April 24, 1571
from April 24 to the court of May 8, 1571
from May 8 to the court of May 22, 1571]
At which certain next court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., May 22 in the abovesaid 13th year of the reign of the said now lady queen [May 22, 1571] before the aforementioned bailiffs of the same town according to the customs abovesaid come both the abovesaid Elizeus ap Griffith and the abovesaid Griffin ap Meredith by their abovesaid attorneys [IMG 0667]. And thereon both the abovesaid narration and the abovesaid plea of the aforementioned Griffin ap Meredith having been seen and understood by the aforementioned bailiffs here, it seems to the same bailiffs that the abovesaid plea pleaded above by the abovesaid Griffin ap Meredith is not sufficient in law to preclude the abovesaid Elizeus ap Griffith from having his abovesaid action, whereby the abovesaid Elizeus ap Griffith ought to recover his abovesaid debt and his damages by occasion of the detention of that debt. Therefore it is considered by the aforementioned bailiffs that the abovesaid Elizeus ap Griffith should recover against the abovesaid Griffin ap Meredith the abovesaid debt of 100 marks and his damages by occasion of the detention of that debt at £3 6s8d adjudicated to him by the court here etc.
Afterwards, scilt., on Monday next after the quindene of St. Hilary this same term before the lady queen at Westminster comes the abovesaid Griffin by Richard Best his attorney and immediately says that in the record and process abovesaid and in the rendering of the abovesaid judgment manifestly it was erred for this, viz.,
that whereas according to the common course of the law of this realm of England in each this manner plea of debt prosecuted against heirs complaints of this plea ought to be made in “the he owes and detains” as if that party obliged would be defendant, in this, viz., that the complaint of the abovesaid plea was made against the abovesaid Griffin in the “he detains” only
and also the abovesaid narration and the material contained in the same is less sufficient in law to maintain the abovesaid action against the same Griffin or to burden him with the abovesaid debt for this that it is not alleged by the abovesaid narration that the abovesaid Meredith ap David by his obligatory writing obliged himself and his heirs but only himself in the manner
Likewise in this it is manifestly erred that the same Griffin on that narration demurred in law saying that that narration was insufficient in law, which certain narration the abovesaid Elizeus replicated and thus in the induction of the abovesaid bailiffs of the abovesaid town of Shrewsbury they descended of and on the sufficiency or insufficiency of the abovesaid narration, nevertheless the same bailiffs adjudicated the plea of the same Griffin insufficient in law, whereas they ought to have adjudicated that the abovesaid narration of the abovesaid Elizeus to have been not at all valid in law, and thus in the rendering of the abovesaid judgment it was manifestly erred, as it appears above of record.
And the same Griffin seeks a writ of the lady queen to warn the abovesaid Elizeus to be before the lady queen to hear the abovesaid record and process, and it is granted to him, whereby it is ordered to the sheriff that by prudent etc., of his bailiwick he should make it to be known to the aforementioned Elizeus that he be before the lady queen 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 Griffin etc.
At which day before the lady queen at Westminster comes the abovesaid Griffin by his abovesaid attorney. And the sheriff did not send the writ thereof. Therefore as formerly it is ordered to the sheriff that by prudent etc., of his bailiwick he should make it to be known to the aforementioned Elizeus that he be before the lady queen at the quindene of Easter wherever etc. to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Griffin etc. At which day [IMG 1732] before the lady queen at Westminster comes the abovesaid Griffin by his abovesaid attorney. And the sheriff returned that he by virtue of the abovesaid writ by prudent etc., of his bailiwick made it to be known to the aforementioned Elizeus to be before the lady queen at the day and place abovesaid as it was ordered to him by that writ. And the abovesaid Elizeus although often thus warned and on the 4th day of the plea solemnly exacted does not come nor say anything to the abovesaid errors. Thereon the same Griffin as before says that in the record and process abovesaid and in the rendering of the abovesaid judgment it was manifestly erred by alleging the abovesaid errors alleged above by him in the form abovesaid. And he seeks that the court of the lady queen here proceed to the examination both of the record and process and of the abovesaid errors etc., and that the judgment abovesaid on account of those errors and others being in the record and process abovesaid be revoked, annulled, and completely had for nothing and that he be restored to everything that he lost by occasion of that judgment etc. And because the court of the lady queen here is still not advised to render its judgment of and on the premisses, day is given thereof to the aforementioned Griffin before the lady queen until the morrow of Holy Trinity wherever etc., to hear his judgment thereof etc., because the court of the lady queen here thereof not yet etc.
At which day before the lady queen at Westminster comes the abovesaid Griffin by his abovesaid attorney. Thereon both the record and process abovesaid and the matters abovesaid assigned above for errors having been seen and more fully understood by the court of the lady queen here, it is considered that the judgment abovesaid on account of those errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that the abovesaid Griffin be restored to everything that he by occasion of that judgment etc.
[Marginations:]
Let the judgment be revoked
Let him be restored.
