Worcester CD H1540 A Tr
The lord king sent to the bailiffs of his city of Worcester his writ close in these words:
Henry 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 his bailiffs of his city of Worcester, 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 city without our writ according to the law and custom of the same city between Robert Sadler and John Wyllymottys concerning a debt of £6 that the same Robert exacts from the aforementioned John as it is said manifest error intervened to the grave damage of the same John as we have received from his complaint, we, wanting the error if any there was to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, we order you that, if judgment has been rendered thereof as has been 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, so that we have them on the morrow of the Purification of the Blessed Mary wherever we shall 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 the law and custom of our realm should be done. Tested me myself at Westminster November 23 in the 29th year of our reign. [November 29, 1537].
The record and process of which mention is made in the abovesaid writ follow in these words:
The City of Worcester. Pleas held there on Monday next after the feast of St. George the Martyr in the 29th year of the reign [April 30, 1537] before Humfrey Burneford and William Robynson bailiffs of the city of Worcester according to the custom of the same city used and approved there from time whereof the memory of men runs not to the contrary etc.
Complaint. Robert Sadler complains against John Wyllymottys concerning a plea of debt demand of £6 that he owes him and unjustly detains etc. Therefore it is ordered to the serjeant at mace of the said city that he summon by good summoners the abovesaid John Wyllymottys to be here at the next court, viz., Monday next before the feast of Pentecost next etc., [May 14, 1537] to answer the aforementioned Robert Sadler concerning the abovesaid plea etc. And the same day is given to the aforementioned Robert here etc.
The City of Worcester. Pleas held there Monday next before the feast of Pentecost in the 29th year of the reign of King Henry VIII [May 14, 1537] before the aforementioned bailiffs etc., according to the custom abovesaid etc.
At which day here comes the abovesaid Robert Sadler and puts in his place Henry Hewett his attorney against the aforementioned John Wyllymottys concerning the abovesaid plea etc., and the serjeants at mace etc., viz., Richard Bylyngsley, Thomas Collyns, John Savell, and William Bolyngham now send that they summoned the aforementioned John Wyllimottys to be here etc., by the summons of John Harte and Richard Quarte. And the abovesaid John Wyllimottys was exacted and appeared and puts in is his place George Spellysbury his attorney against the aforementioned Robert concerning the abovesaid plea etc.
John Wyllymottys was summoned to answer Robert Sadler concerning a plea that he render to him £6 that he owes him and unjustly detains etc. And wherefore the same Robert by Henry Hewett his attorney says that, whereas the abovesaid John on December 10 in the 27th year of the reign of King Henry VIII here at Worcester in the ward of St. Andrew of the city of Worcester within the jurisdiction of this court bought from the aforementioned Robert 2 hogsheads of wine called claret wyne and 1 butt of wine called sacke for the abovesaid £6 to be paid to the same Robert when he should be asked thereof, nevertheless the abovesaid John Wyllymottys although often asked has not yet rendered them to the aforementioned Robert but to this time has refused to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of 3s4d and thereof produces suit etc.
And the abovesaid John Wylimotys by George Spellysbury his attorney comes and defends force and injury when etc., and says that he does not owe the aforementioned Robert the abovesaid £6 nor any penny thereof in the manner and form as the same Robert against him narrated, and of this he puts himself on the countryside. And the abovesaid John Wylmotys similarly [sic]. Therefore it is ordered to the serjeants at mace etc., that they make to come here etc., viz., on Monday next after the feast of the Holy Trinity next etc., [May 28, 1537] 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc., and the same day is given to the parties abovesaid here etc.
At which day here come the abovesaid parties; and the serjeants etc., viz., Richard Bylyngsley, Thomas Colyns, John Savell, and William Bolyngham now send that they attached Thomas Doding, William Madeley, Edward Wattes, John Robertes, William Croote, John Sheldon, Humfrey Lee, Phillip Elys, Walter Marshall, Humfrey Nicholas, Thomas Wyand, Thomas Sherman, Roger Clyveley, Roger Marche, Richard Manchester, Adam Symkyns, Richard Flynte, John a Cassen, Henry Gamon, William Hide, Roger Hilton, Richard Hampton, John Browne, and Hugh Gardener to be here etc., to make the jury between the abovesaid parties etc., [IMG 0094] and that each of the abovesaid jurors is attached by himself by pledge of John Den and Richard Fene, and the abovesaid jurors were exacted and none of them came. Therefore it is ordered to the serjeants etc., that they have the bodies of the abovesaid jurors here etc., viz., on Monday next after the feast of Corpus Christi next etc., [June 4, 1537] to make the jury between the parties abovesaid etc. And the same day is given to the parties abovesaid here etc.
At which day here come the parties abovesaid and the serjeants at mace etc., now sent that each of the jurors abovesaid is mainperned separately by himself by the mainpernors John Hert and Richard Smart; and the abovesaid jurors were exacted and none of them came. Therefore it is ordered to the serjeants etc., that they distrain them by all their lands and chattels etc., so that they be here etc., viz., on Monday next after the feast of St. Ulstin [sic] next etc., to make the jury between the parties abovesaid etc., and the same day is given to the parties abovesaid here etc.
At which day here come the parties abovesaid etc., and the abovesaid serjeants etc., now send that each of the jurors by themselves separately is distrained etc., the issues of each 6d; and the abovesaid jurors were exacted and appeared, viz., Thomas Doding, William Madeley, John Robertes, Adam Symkyns, Richard Flynte, John a Cassen, Henry Gamon, William Hyde, Roger Hilton, Richard Hampton, John Browne, and Hugh Gardener, who indeed tried, sworn and burdened say on their oath that the abovesaid John Wylmotys owes the aforementioned Sadler 5 marks parcel of the abovesaid debt in the manner and form abovesaid as the same Robert Sadler against him narrated, and to the residue, he does not owe in the manner and form as etc., and they assess the damages by reason of the detention of that debt beyond expenses at 4d, and for outlays, costs, and expenses thereof put out on the suit in this part at 5s. Therefore it is considered by the court abovesaid that the abovesaid Robert Sadler recover against the aforementioned John Wylmotys the abovesaid 5 marks together with 5s4d for damages and the costs and expenses above taxed by the aforementioned jurors, and that John Wylmotys in mercy, and also the abovesaid Robert Sadler in mercy for his false claim. In testimony of which matter we Roger Warde and John Wylliams now bailiffs of the lord king of his city of Worcester have put our seals to this present record of the court of the abovesaid city, date January 10 in the 29th year of the reign of King Henry VIII [January 10, 1538]
