Yeovil CD T1571 A Tr

The lady queen sent to the portreeve of her borough of Yeovil 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 portreeve of her borough of Yeovil, 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 borough without our writ according to the custom of the same borough between William Strowde and Robert Chipper concerning a debt of £6 13s4d that the same William exacts from the aforementioned Robert as it is said manifest error intervened to the grave damage of the same Robert 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 you should send distinctly and openly the record and process of the abovesaid plea with everything touching them to us under your seal, and this writ, so that we have them on the Octaves of Holy Trinity wherever we shall 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. Tested me myself at Westminster May 18 in the 13th year of our reign [May 18, 1571].

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

Borough of Yeovil. The court of the abovesaid borough held there before Andrew Fanstone portreeve of the abovesaid borough on March 16 in the 12th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [March 16, 1570] according to the custom of the same borough used and approved there from time whereof the memory of men runs not to the contrary etc.

At this court comes William Strowde and complains against Robert Chipper concerning a plea of debt. And he finds pledges to prosecute his complaint abovesaid, viz., John Doo, Richard Roo. And he seeks process to be made thereof for him according to the custom of the abovesaid borough, and it is granted to him etc. Therefore it is ordered to John Willys serjeant at mace and minister of the abovesaid court that he attach the abovesaid Robert Chipper by his body that he be in the next court of the abovesaid borough to be held before the aforementioned portreeve to answer the aforementioned William Strowde concerning the abovesaid plea.

The Borough of Yeovil. The court of the abovesaid borough held before Andrew Faunstone portreeve of the abovesaid borough on Thursday, viz., April 6 in the 12th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [April 6, 1570] according to the custom of the abovesaid borough used and approved from time whereof the memory of men runs not to the contrary etc.

At this court before the aforementioned portreeve comes the abovesaid William Strowde by Richard Bradley his attorney. And the aforementioned John Willys serjeant at mace and minister of the court abovesaid returned the precept abovesaid directed to him in the abovesaid form served and executed in all things, viz., that he by virtue of that precept directed to him took the body of the abovesaid Robert Chipper, whose certain body he had ready then and there before the aforementioned portreeve as it had been ordered to him etc. And thereon the abovesaid William Strowde by his said attorney narrates against the aforementioned Robert Chipper concerning the abovesaid plea in the form following, viz.:

Robert Chipper was summoned to answer William Strowde concerning a plea that he render to him £6 13s that he owes him and unjustly detains etc. And wherefore the same William by Richard Bradley his attorney says that, whereas the same William on May 28 in the 6th year of the reign of the now lady queen [May 28, 1564] at Yeovil within the jurisdiction of this court demised and handed over to the aforementioned Robert pasture for 50 sheep to be pastured in and on a certain [IMG 0842] pasture called Belly Hill and a meadow called Barreste within the parish of Tintinhull in the county of Somerset to have and to occupy to the same Robert and his assigns from the feast of St. Martin in the winter then next following until the Palm Monday then next following rendering thereof to the same William for that pasture £5 of the abovesaid £6 13s to be paid to the same William when he should be required thereto, and also, whereas the same William on the day and year abovesaid at Yeovil abovesaid within the jurisdiction of this court he demised and handed over to the aforementioned Robert pasture for 6 steers to be pastured in and on the pasture and meadow abovesaid, to have and occupy to the same Robert and his assigns from September 14 then next following until the feast of St. Andrew the apostle then next following rendering thereof to the same William 33s the residue of the abovesaid £6 13s to be paid to the same William similarly when thereof he was required, and the same William says that the abovesaid Robert had and occupied the abovesaid pasture for the abovesaid time, whereby action accrues to the same William to exact and have from the aforementioned Robert the abovesaid £6 13s, nevertheless the abovesaid Robert although often asked has not yet rendered the abovesaid £6 13s to the same William but refused to this time to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc.

At which day the abovesaid Robert was solemnly exacted and did not appear, and because he did not come nor anyone from his side, it was considered in the same court that the abovesaid William recover against the aforementioned Robert his abovesaid debt and his damages by occasion of the detention [IMG 1863] of this debt at 5s adjudicated to the same William by his assent by the court here, and the abovesaid Robert in mercy etc.

Afterwards, scilt., on the Wednesday after the quindene of Holy Trinity this same term before the lady queen at Westminster comes the abovesaid Robert Chipper by William Stampe his attorney. And he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred in this, viz.,

that the first process on the abovesaid complaint was the process of attachment, whereas by the law of the land of this realm of England it ought to have been the process of summons and not of attachment.

And also it was erred in this that the abovesaid judgment in the form abovesaid was rendered against the aforementioned Robert Chipper and it does not appear by the abovesaid record that the abovesaid Robert Chipper ever appeared in the abovesaid plea in the abovesaid court in his proper person or by his attorney, as above it appears of record.

And further in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred in this that the abovesaid William Strowde narrated against Robert Chipper in a plea of debt for this that the abovesaid William on May 28 in the 6th year of the reign of the now lady queen at Yeovil within the jurisdiction of the abovesaid court demised and handed over to the aforementioned Robert pasture for 50 sheep to be pastured in and on the pasture called Belly Hill and in one meadow called Barrest within the parish of Tintinhull in the county of Somerset to have and occupy to the same Robert and his assigns from the feast of St. Martin in the winter then next following until the Monday of Palms called Palm Monday then next following rendering to the same William for that pasture £5 and not showing by the abovesaid narration that the abovesaid demise of the abovesaid pasture was made for the abovesaid sheep for the abovesaid time by writing sealed by the seal of the same William and as his deed delivered to the same Robert as by the law of this realm he ought.

And the same Robert seeks the lady queen’s writ to warn the abovesaid William Strowde to be before the lady queen to hear the abovesaid record and process etc., and it is granted to him etc. Therefore it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William that he be before the lady queen at three weeks after Michaelmas wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Robert etc.

At which day before the lady queen at Westminster comes the abovesaid Robert by his abovesaid attorney. And the sheriff returns that the abovesaid William has nothing in his bailiwick whereby it can be known to him nor is he found in the same. Therefore it is ordered to the sheriff as formerly that by prudent etc., he make it to be known to the aforementioned William that he be before the lady queen on the Octaves of St. Martin wherever etc., to hear the abovesaid record and process in the abovesaid form if etc., and further etc. The same day is given to the aforementioned Robert etc.

At which day before the lady queen at Westminster comes the abovesaid Robert in his proper person. And the sheriff returns that the abovesaid William has nothing in his bailiwick whereby he can make it to be known to him nor is he found in the bailiwick. And the abovesaid William although solemnly exacted on the fourth day of the plea did not come nor say anything to the abovesaid errors. Thereon the same Robert as above says that in the abovesaid record and process and in the rendering of the abovesaid judgment manifestly it was erred by alleging the abovesaid errors alleged 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, and that the abovesaid judgment on account of those errors and others found in the abovesaid record and process 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 not yet advised to render its judgment of and on the premisses, day thereof is given further to the aforementioned Robert before the lady queen until the Octaves of St. Michael to hear their judgment of and on the premisses, because the court of the lady queen here thereof not yet etc.

At which day before the lady queen at Westminster comes the abovesaid William in his proper person. And because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day thereof is given to the aforementioned Robert before the lady queen until on the Octaves of St. Hilary wherever etc., to hear their judgment of and on the premisses because the court of the lady queen here thereof not yet etc.

At which day before the lady queen at Westminster comes the abovesaid Robert in his proper person, and because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day further thereof is given to the aforementioned Robert before the lady queen until the quindene of Easter wherever etc., to hear their judgment of and on the premisses, because the court of the lady queen here thereof not yet etc.

At which day before the lady queen at Westminster comes the abovesaid Robert in his proper person. And because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day further thereof is given to the aforementioned Robert before the lady queen until the morrow of Holy Trinity wherever etc., to hear their judgment of and on the premisses, because the court of the lady queen here thereof not yet etc.

At which day before the lady queen at Westminster comes the abovesaid Robert in his proper person, and because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day further thereof is given to the aforementioned Robert before the lady queen until on the Octaves of Michaelmas to hear their judgment of and on the premisses because the court of the lady queen here thereof not yet etc.

[Margination:]

Let the judgment be revoked.