Worcester CD H1571 A Tr

The lady queen sent to the bailiffs, aldermen, and chamberlains of her city of Worcester 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, aldermen, and chamberlains of her city of Worcester, 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 city without our writ according to the custom of the same city between Thomas Bryande otherwise called Thomas Bryande of the parish and county abovesaid husbandman and Roger Walker of Erson within the parish of Lindridge in the county of Worcester, yeoman concerning a debt of £100 that the same Thomas exacts from the aforementioned Roger as it is said manifest error intervened to the grave damage of the same Roger 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 thereof has been rendered then you should send distinctly and openly 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 Octaves of Michaelmas wherever we shall then be in England so that, the record and process abovesaid 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. And if the abovesaid Roger finds before you sufficient security to satisfy the abovesaid Thomas of the abovesaid debt and of the damages adjudicated in this part if it should happen that the abovesaid judgment is affirmed then make the same Roger to be delivered without delay from the prison by which he is thus detained if by that occasion and not by another he is detained in the same by the abovesaid security so that he can prosecute his plea as he ought. Tested me myself at Westminster July 8 in the 12th year of our reign [July 8, 1570].

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

The City of Worcester. Memorandum that the bailiffs, aldermen, and chamberlains of the abovesaid city on October 9 in this same term by virtue of a writ of the now lady queen directed to them that follows in these words:

[The writ of error as retailed above, tested July 8, 1570]

They sent before the lady queen the abovesaid record and process here whereof mention was made in the abovesaid writ with everything touching them, the tenors of which follow in these words:

The City of Worcester. Pleas there held in the court of the Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., at the guildhall of the abovesaid city on Monday, viz., January 9 in the 12th year of the reign of the said now lady queen [January 9, 1570] before John Moore and Edmund Bury bailiffs of the abovesaid city, John Tomes and Francis Strete aldermen of the same city, and Thomas Heywood and George Warberton chamberlains of the abovesaid city [according to the customs of the same city] used and approved in the same city from time whereof the memory of men runs not to the contrary etc., and according to the liberties, privileges, and franchises granted to the bailiffs, aldermen, chamberlains, and citizens of that city by divers kings of England progenitors of the said lady queen and confirmed by the same now lady etc.

At this court comes Thomas Bryande otherwise called [IMG 0439] Thomas Bryande of the parish and county abovesaid husbandman in his proper person and complains against Roger Walker otherwise called Roger Walker of Erson within the parish of Lindridge in the county of Worcester yeoman concerning a plea of debt of £100, and he finds pledges to prosecute his complaint, viz., John Doo and Richard Roo. And he seeks process to be made for him according to the custom of the abovesaid city against the aforementioned Roger concerning the abovesaid plea. Therefore according to the custom of that city it is ordered to John Lavington, John Bere, William Coffyn, and William Nobbs, serjeants at mace within the abovesaid city and ministers of that court, that they summon by good summoners the abovesaid Roger to be at the same court of the said lady queen at the guildhall of the abovesaid city before the aforementioned bailiffs, aldermen, and chamberlains of that city at the court there to be held within the abovesaid guildhall on Monday, viz., the next January 16 [January 16, 1570] to answer the aforementioned Thomas concerning a plea that he render to him the abovesaid £100 that he owes him and unjustly detains etc. The same day is given to the aforementioned Thomas Bryande here etc.

At which certain court held on the same January 16 before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the abovesaid guildhall comes the abovesaid Thomas Bryande in his proper person. And he offered himself against the abovesaid Roger concerning the abovesaid plea. And he did not come. And the abovesaid serjeants at mace attest that the same Roger has nothing within the liberties of the abovesaid city where he can be summoned. Therefore at the petition of the abovesaid Thomas Bryande according to the custom of the abovesaid city it is ordered to the aforementioned serjeants at mace that they take the abovesaid Roger if etc., and safely etc., so that they have his body at the next court of the said lady queen to be held at the guildhall of the abovesaid city before the aforementioned bailiffs, aldermen and chamberlains on January 23 then next following to answer the aforementioned Thomas concerning the abovesaid plea. The same day is given to the aforementioned Thomas Bryande here etc.

At which certain court held on the same January 23 [January 23, 1570] before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the abovesaid guildhall comes the abovesaid Thomas Bryande in his proper person and offered himself against the aforementioned Roger concerning the abovesaid plea. And the abovesaid serjeants at mace and ministers of that court send here their precept directed to them in the abovesaid form served and executed in everything, viz., that they by virtue of that precept directed to them took the body of the abovesaid Roger, which certain body they have here before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city ready as it was ordered to them by that precept etc.

And thereon at that same court the abovesaid Thomas Bryande puts in his place Thomas Hulme against the aforementioned Roger concerning the abovesaid plea.

Thereon the abovesaid Thomas Bryande by the same Thomas Hulme his attorney by narrating against the aforementioned Roger on his complaint abovesaid says that [IMG 0316] the abovesaid Roger owes and unjustly detains from the same Thomas Bryande the abovesaid £100 for this, viz., that, whereas the abovesaid Roger on October 15 in the 11th year of the reign of the said now lady queen [October 15, 1569] at the city of Worcester abovesaid in the High Ward there within the jurisdiction of this court by his certain obligatory writing sealed by the seal of the same Roger granted that he was bound to the same Thomas Bryande in the abovesaid £100 to be paid to the same Thomas Bryande when he should be required thereof, nevertheless the abovesaid Roger although often required has not yet rendered the abovesaid £100 to the same Thomas but wholly refused to render them to him to this time and still refuses, wherefore he says that he is worse off and has damages to the value of £5. And thereof he produces suit etc. 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.

And the abovesaid Roger Walker at the same court puts in his place Julius Bradshawe against the aforementioned Thomas concerning the abovesaid plea etc. And by the same Julius Bradshawe his attorney he defends force and injury when etc. And he seeks oyer of the abovesaid writing. And it is read to him etc. He also seeks oyer of the condition of the same writing. And it is read to him in these words [in English:]

The condycion of this obligacion is suche that yf thabovebounden Roger Walker hys heires executors administrators & assignes do well & trulye stande unto obey performe fulfill observe kepe abyde and accomplyshe the awarde decre abrytrement ordinaunce rule judgement & fynall determynacion of Henrye Lowe of the foresaid parishe of Lindridge and Thomas Monne of Newnham in the parish of Knighton yeoman arbitrators elected and chosen on the parte & behalf of thabovenamed Thomas Bryande and Thomas Bodnam & Roger Gerner of the said parishe of Lindridge arbitrators elected and chosen on the parte & behalf of thabovebounden Roger Walker to arbytrate order rule iudge deame awarde & fynally to determyne betwixte the said Thomas Bryande on thone partie and the said Roger Walker on thother partie of and for all & all manner of matters as well reall as personall sutes acciouns dettes demaundes execucions iudgementes and condempnations had moved stered or dependinge in variaunce betwixte the said parties from the begynnynge of the worlde unto the daye of the date hereof and specyally of for and concernynge one mesuage & customarye tenement & a yarde & a noke of custumery landes with the appurtenaunces late one Rychard Crokettes & nowe in the tenure & manuraunce of the said Thomas Bryande or his assignes lyenge & being in Lyndridge aforersaid & concernynge the right tytle and interest wiche the said parties hath or claymeth to the said premisses so that the said arbytrators do fully conclude determyne and make their awarde betwixit the said partyes for & concernynge the said premysses att or before the tenth daye of Novembre next ensuyng the date hereof, that then this present oblygacion to be voyde frustrate & of noe effect, or els to stande in hys full power vertue & effect etc.

Which having been read and heard, the same Roger, all and all manner advantages and executions having been saved to him both to the complaint and to the narration abovesaid, seeks license thereof to emparl here until the next court to be held here, scilt., until Monday January 30 then next following [January 30, 1570]. The same day is given to the aforementioned Thomas Bryande here etc.

The City of Worcester. Pleas there held in the guildhall of the abovesaid city on January 30 in the 12th year abovesaid of the reign of the now lady queen [January 30, 1570] before the bailiffs, aldermen, and chamberlains abovesaid of that city according to the custom of the same city etc.

At this court come both the abovesaid Thomas Bryande and the abovesaid Roger by their abovesaid attorneys. And thereon the same Roger says that the abovesaid Thomas ought not to have his abovesaid action against him, because he says that after the making of the abovesaid writing and before the abovesaid November 10 then next following the abovesaid arbitrators did not make any arbitration, ordinaunce, or judgment between the same Roger and the aforementioned Thomas Bryande of and on the premisses specified in the abovesaid condition above. And this he is ready to verify, wherefore he seeks judgment if the abovesaid Thomas ought to have his abovesaid action against him etc. [IMG 0317]

And the abovesaid Thomas Bryande says that he by anything above alleged ought not be precluded from having his action abovesaid, because he says that the abovesaid arbitrators named in the said condition of the said obligatory writing after the making of the said obligatory writing and before the abovesaid November 10 also specified in the same condition, viz., on November 8 in the abovesaid 11th year in the ward abovesaid arbitrated, ordained, agreed, and determined between the abovesaid parties in the manner and form following, viz.,

That both the abovesaid Thomas Bryande and the said Roger Walker immediately on the making of the said arbitration should cease and withdraw all and all manner actions and suits that they or either of them then had pending against the other of them in any court of the said lady queen within the realm of England and both of them not proceed further thereof any suit and that the same Thomas Bryande and Roger Walker or either of them or any other person or persons by the procurement, medium, or consent of the same Thomas Bryande and Roger Walker thenceforth should not prosecute, molest, or implead or cause to be molested, impleaded, or damaged any person or persons whatsoever for any oath or oaths, deposition or depositions at any time previously had, made, deposed or received on the part of either party abovesaid concerning the title of the premisses abovesaid or in or around the premisses; and the abovesaid arbitrators then there arbitrated, concluded, and agreed that, whereas the same Roger Walker claims the said messuage or customary tenement and all the other premisses by the strength and pretext of a certain surrender that the same Roger Walker alleges the certain Thomas Monne of Evesham in the county of Worcester and Thomas Lowe of the parish of Lindridge in the abovesaid county yeoman by reason of a letter of attorney made to them by Richard Croket lately tenant of the premisses bearing the date January 18 in the 3rd and 4th years of Phillip and Mary made at the next court held immediately after the day of the date of the letter of attorney for the said lordship of Lindridge of all the abovesaid premisses to the uses of the said Roger Walker as he affirms according to the custom of said lordship and because the trial of the same confiscated in depositions and oaths both of the aforementioned Thomas Monne and Thomas Lowe and of the certain John Walker, Richard Hyll, and Thomas Pennell: that the abovesaid Thomas Bryande and Roger Walker before the feast of the birth of the Lord then next following at their equal costs should procure and obtain letters of commission from the Council of the said Lady Queen of the Marches of Wales to be directed to the aforementioned Henry Alowe, Thomas Lowe, Thomas Monne, Thomas Bodnam and Roger Garner authorizing them to call before them both the said Thomas Alowe, Thomas Monne and the said John Walker, Richard Hylle and Thomas Pennell, and they and each of them to swear and be examined on the title of the said Roger Walker claimed by him to the said premisses as it is said above on their corporal oath, and if the abovesaid Thomas Alowe, Thomas Monne, John Walker, Richard Hyll, and Thomas Pennell or the greater part of them thus sworn and examined on their oath depose and attest that at the court held for the said lordship of Lindridge next immediately after the day of the date of the said letter of attorney the surrender of the said messuage or customary tenement and all the other premisses was made legitimately by the said Thomas Alowe and Thomas Monne to the uses of the said Roger Walker according to the custom of the manor of the said lordship of Lindridge, that then from and after this manner proof and trial thus had the said Roger Walter will have, hold, and enjoy the said messuage and customary tenement and all the other premisses as legitimate customary tenant of the same without impediment, interruption, suit in law or contradiction of the said Thomas Bryand, his executors and assigns or of any other by his procurement, and that on the proof thus had the same Thomas Bryande his executors and assigns would leave and relinquish the premisses in the form following, viz., the meadows sown and fallow at the feast of the Purification of Blessed Mary called Candlemas then next following after the said proof made and the houses and all the remaining said premisses at the feast of St. Michael the Archangel then next following, and so to permit the said Roger Walker quietly to enter in the same and that the same Roger Walker in consideration thereof well and truthfully to content, satisfy, and pay or cause to be paid to the said Thomas Bryand, his executors or assigns the sum of £20 of the lawful money of England in the form following for the expenses which the same Thomas Bryande in and on the premisses sustained, viz., £10 at the feast of the birth of St. John the Baptist next after such proof of the title of the said Roger Walker had and proved in the form abovesaid and £10 at the feast of St. Michael the Archangel then next following, and finally that if the abovesaid Thomas Alowe, Thomas Monne, John Walker, Richard Hylle and Thomas Pennell or the greatest or greater part of them not depose and attest on their corporal oaths before the same arbitrators that the surrender was legitimately carried out, (?), passed and made concerning the abovesaid messuage and customary tenement and all the other premisses at the abovesaid court held for the abovesaid lordship of Lindridge as set out before by the abovesaid Thomas Alowe and Thomas Monne to the uses of the said Roger Walker according to the custom of the manor of the said lordship, that then the said Thomas Bryande his heirs and assigns will quietly have, hold, occupy, and enjoy the said messuage or customary tenement, lands, and all the other premisses in perpetuity according to the custom of the manor abovesaid without interruption, claim, title or suit in law of the said Roger Walker, his heirs, executors or assigns or any other person or persons in his right by his medium or procurement, and that on this manner proof thus had the abovesaid Thomas Bryande will pay or cause to be paid to the aforementioned Roger Walker, his heirs, executors or assigns the sum of £20 of the lawful money of England in the form following, viz., £10 at the feast of the birth of St. John the Baptist next after such proof and trial thus had and made and £10 at the feast of St. Michael the Archangel then next following.

And the same Thomas Bryande says that he well and faithfully fulfilled everything specified in the abovesaid arbitration on his side to be performed, nevertheless the abovesaid Roger Walker before the abovesaid feast of the birth of the Lord did not obtain or procure a commission from the Council of the said Lady Queen of the Marches of Wales abovesaid to be directed to the abovesaid Henry Alowe, Thomas Monne, Thomas Bodnam and Roger Garner to the intention specified above according to the form and effect of the arbitration abovesaid. And this he is prepared to verify, wherefore he seeks judgment and his abovesaid debt together with his damages by occasion of the detention of that debt to be adjudicated to him etc. [IMG 0441]

And the abovesaid Roger Walker as before says that the abovesaid arbitrators after the making of the abovesaid writing and before the abovesaid November 10 next following did not make any such arbitration, ordinance, or judgment between the same Roger Walker and the aforementioned Thomas Bryande of and on the premisses specified above in the condition abovesaid as the same Thomas Bryande in his abovesaid replication above alleged. And of this he puts himself on the countryside. And the abovesaid Thomas Bryande similarly.

Therefore it is ordered to the abovesaid serjeants at mace of the abovesaid city that they should make to come before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the next court to be held in the abovesaid guildhall on Monday, viz., February 6 next to come [February 6, 1570] 12 free and lawful men of the abovesaid city by whom etc., and who neither etc., to recognize etc., because both etc.

At which certain court on the same February 6 [February 6, 1570] before the aforementioned bailiffs, aldermen and chamberlains of the abovesaid city at the abovesaid guildhall held here come the parties. And the abovesaid serjeants at mace did nothing thereof nor did they send their precept. Therefore as before it is ordered to the aforementioned serjeants at mace that they should make to come here at the next court to be held at the guildhall abovesaid on Monday, viz., February 13 then next following 12 etc., to recognize in the abovesaid form etc.

[Succeeding continuations in like form:

from February 13 to February 20, 1570

from February 20 to February 27, 1570 [IMG 0318]

from February 27 to March 6, 1570

from March 6 to March 13, 1570

from March 13 to March 20, 1570

from March 20 to March 27, 1570

from March 27 to April 3, 1570

from April 3 to April 10, 1570

from April 10 to April 17, 1570

from April 17 to April 24, 1570

from April 24 to May 1, 1570 [IMG 0319]

from May 1 to May 8, 1570

from May 8 to May 15, 1570

from May 15 to May 22, 1570

from May 22 to May 29, 1570]

At which certain court held on the same May 29 before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the abovesaid guildhall [IMG 0442] here come both the abovesaid Thomas Bryande and the abovesaid Roger Walker by their abovesaid attorneys. And the serjeants at mace send here the abovesaid precept directed to them in the abovesaid form served and executed in all things with the panel of the names of the jurors annexed to that precept. And the jurors thereof impaneled, exacted, some of them come; some of them do not come, as appears in the panel etc. And certain of the same jurors appearing, viz., Ralf Bagnall, Thomas Hareley, Richard Hemmynge, Oliver Tomson, Robert Wigfall, Thomas Kier, William Bagnall, Roger Baker, William Morehall, and Henry Walley are sworn on the abovesaid jury. And because the rest of the abovesaid jurors did not appear, therefore the jury is put further into respite here until the next court to be held at the abovesaid guildhall, viz., on June 5 then next following for default of the jurors etc. Therefore let the serjeants at mace then have here the bodies etc.

At which certain court held on the same June 5 [June 5, 1570] before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the abovesaid guildhall here come both the abovesaid Thomas Bryande and the abovesaid Roger Walker by their abovesaid attorneys. And the abovesaid serjeant at mace did nothing thereof nor did they send their precept. Therefore as before let there be made to the serjeants at mace a precept thereof in the abovesaid form etc., returnable before the aforementioned bailiffs, aldermen, and chamberlains of the abovesaid city at the abovesaid guildhall at the next court to be held here, viz., on June 12 then next following [June 12, 1570] etc.

[Succeeding continuations in like form:

from June 12 to June 19, 1570

from June 19 to June 26, 1570

from June 26 to July 3, 1570] [IMG 0443]

The City of Worcester. Pleas held there in the guildhall of the abovesaid city on July 3 in the abovesaid 12th year of the reign of the now lady queen before the bailiffs, aldermen, and chamberlains of that city according to the customs of the same city etc.

And now here at this court come both the abovesaid Thomas Bryande and the abovesaid Roger Walker by their abovesaid attorneys. And the abovesaid serjeants at mace send and return here the abovesaid precept for having the bodies of the abovesaid 12 jurors directed to them in the abovesaid form served and executed in all things. Which certain jurors, viz., Ralf Bagnall, Thomas Hareley, Richard Hemmynge, Oliver Tompson, Robert Wigfall, Hugh Wilkes, Thomas Kerver, William Patrike, William Bagnall, Roger Baker, William Morall, and Henry Walley exacted, come. Who, chosen, tried, and sworn to tell the truth concerning the premisses, say on their oath that the abovesaid arbitrators specified in the abovesaid condition made such arbitration as the abovesaid Thomas Bryande above by replicating alleged. And they assess the damages of the same Thomas Bryande by occasion of the detention of the abovesaid debt beyond his outlays and costs put out by him on the suit in this part at 10s, and for those outlays and costs at 5s. Therefore it is considered at the same court here that the abovesaid Thomas Bryande recover against the aforementioned Roger Walker his abovesaid debt and his abovesaid damages assessed at 15s by the abovesaid jurors in the abovesaid form as well as 20d adjudicated to the same Thomas Bryande at his request for his outlays and costs abovesaid by the same court here by way of increment. Which certain damages in all amount to 16s8d. And let the abovesaid Roger be in mercy etc. And thereon the same Thomas Bryande freely here in court remits to the aforementioned Roger the abovesaid 20d adjudicated from outlays and costs abovesaid by the court here by way of increment. Therefore let the same Roger be quit of those 20d etc.

Afterwards, scilt., on Tuesday next after the Octaves of St. Hilary this same term before the lady queen at Westminster comes the abovesaid Roger Walker by George Kempe his attorney. And he says that in the record and process abovesaid and also in the rendering of the judgment abovesaid it was manifestly erred for this, viz.,

that the abovesaid Roger before the abovesaid July 3, on which day the jurors of the abovesaid jury impaneled to try the issue joined between the same Thomas Bryande and Roger Walker before the aforementioned bailiffs, aldermen, and chamberlains appeared, and before the jurors of the abovesaid jury were sworn, viz., on June 26 in the abovesaid 12th year of the reign of the said now lady queen, on which day the abovesaid Roger according to the custom of the abovesaid city was in the prison of the said lady queen of the abovesaid city under the custody of the bailiffs, aldermen, and chamberlains of the same city, delivered the said lady queen’s certain writ of privilege emanating and adjudicated out of the court of the said lady queen of the Bench at Westminster in the county of Middlesex directed to the same bailiffs, aldermen, and chamberlains, [IMG 0320] by which certain writ the same lady queen ordered the same bailiffs, aldermen, and chamberlains that if the abovesaid Roger Walker was detained in the said lady queen’s prison under the custody of the same bailiffs, aldermen, and chamberlains or of any of them as it was said, then they and each one of them should have the same Roger by whatsoever name the same Roger was known together with the day and cause of the taking and detention of the same Roger before the justices of the same lady queen of the Bench abovesaid at Westminster on Monday next after the Octaves of Michaelmas then next following so that the same justices of the said lady queen, the abovesaid cause having been seen, would be able to do in this part what of right and according to the law and custom of the realm of the said lady queen of England and the liberties and privileges of the abovesaid court should be done, and that the same bailiffs, aldermen, and chamberlains should have then there the abovesaid writ, by pretext of which certain writ the abovesaid plea between the parties abovesaid should remain without day, and the bailiffs, aldermen, and chamberlains abovesaid ought to have desisted and ceased to prosecute further in the abovesaid plea between the abovesaid parties, in this that the abovesaid bailiffs, aldermen, and chamberlains proceeded in the abovesaid plea between the abovesaid parties after the delivery of the abovesaid writ, viz., of privilege, to the taking of the abovesaid jury, it was manifestly erred, and thus the judgment thereon rendered is erroneous and void and of no effect at law.

And the same Roger seeks a writ of the lady queen to warn the abovesaid Thomas Bryande to be before the said lady queen 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 known to the aforementioned Thomas that he be before the lady queen at the quindene of Easter wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Roger etc.

At which day before the lady queen at Westminster comes the abovesaid Roger by his abovesaid attorney. And the sheriff returns that the abovesaid Thomas Bryande has nothing in his bailiwick whereby he could make 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 known to the aforementioned Thomas that he be before the lady queen on the morrow of Holy Trinity wherever etc.

At which day before the lady queen at Westminster comes the abovesaid Roger by his abovesaid attorney. And the sheriff returns that the abovesaid Thomas Bryande has nothing in his bailiwick whereby he could make known to him nor is he found in the same. And the abovesaid Thomas Bryande on the 4th day of the plea solemnly exacted comes by Richard Best and says that he cannot deny but that the abovesaid Roger Walker at the abovesaid city of Worcester in the abovesaid court of the said lady queen delivered to the aforementioned bailiffs, aldermen, and chamberlains of the same city the abovesaid writ of the said lady queen of privilege emanating and adjudicated out of the abovesaid court of the said lady queen of the Bench at Westminster in the county of Middlesex directed to the same bailiffs, aldermen, and chamberlains and that the abovesaid bailiffs, aldermen, and chamberlains proceeded in the abovesaid plea between the abovesaid parties after the delivery of the abovesaid writ of privilege to the taking of the abovesaid jury in the manner and form as the abovesaid Roger above alleged.

[Margination:]

Let the judgment be revoked.