Nicholas Borrowes of Banbury, yeoman v. Ralph Dixe of Banbury, tanner, and Mary his wife late the wife of Thomas Pynder

     Banbury attorneys: Fulk Wynge, James Allen

The lord king sent to the bailiff, two aldermen, and two burgesses, and seneschal or his deputy of the court of the borough and parish of Banbury in the county of Oxfordshire 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 bailiff, two aldermen, two burgesses, and seneschal or his deputy of the court of the borough and parish of Banbury in the county of Oxfordshire, 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 borough and parish abovesaid without our writ according to the custom of the borough and parish abovesaid between Nicholas Borrowes and Ralph Dixe and Mary his wife concerning a certain trespass on the case inflicted on the same Nicholas by the aforementioned Mary as it is said manifest error intervened to the grave damage of the same Ralph and Mary as we have received from their complaints, 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 seals, and this writ, so that we have them on the Octaves of Michaelmas wherever we shall then 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 to the law and custom of our realm of England should be done. Tested me myself at Westminster June 22 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland. [June 22, 1607]Ravenscrofte

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

The Borough and Parish of Banbury. At the court within the borough and parish of the county abovesaid held in the townhall there on Monday, viz., March 2 in the 4^th year of the reign of our Lord James by the grace of God kind of England, France, and Ireland and the 40^th of Scotland [March 2, 1607] before Thomas Halhed bailiff of the borough and parish of the abovesaid Thomas Whabeley and John Gille aldermen there, Robert Bentley and Bartholomew Nayler burgesses there, and Nicholas Austen deputy of the seneschal of the court of the borough and parish abovesaid it is entered thus:

Nicholas Borrowes of Banbury in the county of Oxfordshire yeoman complains against Ralph Dixe of the town and county abovesaid tanner and Mary his wife of a plea of trespass on his case returnable at the next court. Pledges to prosecute: John Doo, Richard Roo.

The same court of the said lord king held there on Monday, viz., March 23 in the abovesaid year before the aforementioned bailiff, Thomas Webbe and Robert Russell aldermen there, Edward Man and Edward Wysdome burgesses there and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid it is entered thus:

And now here at this court before the aforementioned bailiff, aldermen, and burgesses and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid come both the aforementioned Nicholas Borrowes by Fulk Wynge his attorney and the abovesaid Ralph Dixe and Mary his wife by James Allen his attorney. And John Perryn serjeant at mace of the borough and parish abovesaid now returns that he summoned the abovesaid Ralph Dixe and Mary his wife to be here at this court to answer the aforementioned Nicholas Borrowes concerning the abovesaid plea as it was ordered to him.

And thereon the abovesaid Ralph Dixe and Mary find for the aforementioned bailiff sufficient mainprise,viz., John Dor and Richard Bor, who mainpern for them that they will stand to right in the abovesaid court on the abovesaid complaint and make no default at any day thereof given to them nor withdraw themselves nor absent themselves from the execution of their judgment thereof if it should be rendered against them thereof under penalty of incurring the same execution to be made of their body, lands, tenements, goods, and chattels if it happen that the abovesaid Ralph Dixe and Mary at any day of the plea thereof make a default or absent themselves from receiving and awaiting the execution of their judgment thereof rendered against them etc.

And thereon the abovesaid Ralph Dixe and Mary according to the custom of the abovesaid borough put in their place James Allen against the abovesaid Borrowes in the abovesaid plea.

And the aforementioned Nicholas Borrowes puts in his place Fulk Wynge against the abovesaid Ralph Dixe and Mary in the same plea.

And thereon the abovesaid Nicholas by his abovesaid attorney narrates against the abovesaid Ralph and Mary in these words:

Ralph Dixe of Banbury in the county of Oxfordshire tanner and Mary his wife were summoned to answer Nicholas Borrowes of the town and county abovesaid yeoman concerning a plea of trespass on the case. And whereof the same Nicholas Borrowes by Fulk Wynge his attorney says that, whereas Thomas Pynder late of Banbury abovesaid in the county abovesaid haberdasher deceased on May 16 in the 2^nd year of the reign of our lord James by the grace of God king of England, France, and Ireland and the 37^th of Scotland [May 16, 1604] in the life of the same Thomas at Banbury abovesaid within the jurisdiction of this court borrowed from the aforementioned Nicholas Borrowes 30s of the lawful money of England to be paid to the same Nicholas when he should be required thereof, and afterwards before the payment of the said sum of 30s the abovesaid Thomas died; after whose certain death sufficient goods and chattels that were of the same Thomas came into the hands of the abovesaid Mary relict of the said Thomas for administration thereof; and thereafter afterwards, scilt., May 10 in the 3^rd year of the reign of said now lord king of England, France, and Ireland and the 38^th of Scotland [May 10, 1605], the abovesaid Mary in her widowhood at Banbury abovesaid within the jurisdiction of this court in consideration that sufficient goods and chattels of the abovesaid Thomas Pynder late her husband deceased came to the hands of the abovesaid Mary after the death of the same Thomas, undertook on herself to satisfy the aforementioned Nicholas Borrowes of the abovesaid sum of 30s of the lawful money of England and faithfully promised then and there to the same Nicholas that she the same Mary would pay the aforementioned Nicholas the abovesaid sum of 30s of the lawful money of England when she should be required thereof; nevertheless the abovesaid Mary in her widowhood and the abovesaid Ralph and Mary after espousals between them celebrated although often required have not yet rendered the abovesaid sum of 30s to the same Nicholas but the abovesaid Mary in her widowhood and the abovesaid Ralph and Mary after the espousals celebrated between them to this time have refused to pay the same sum of 30s to the aforementioned Nicholas and still refuse, to the damage of the same Nicholas of 40s of the lawful money of England, and thereof he produces his suit etc. Pledges to prosecute: John Doo, Richard Roo.

And thereon the abovesaid Ralph [IMG 0395] and Mary by their abovesaid attorneys seek license to emparl thereof here until the next court on Monday in three weeks, April 13 next to come [April 13, 1607] and then to answer etc. And they have it etc. The same day is given to the aforementioned Nicholas here etc.

The same court of the said lord king held there on Monday, viz., April 13 in the 5^th year of the reign of the same our Lord James king of England, France, and Ireland and the 40^th of Scotland [April 13, 1607] before the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid it is entered thus:

And now here at this court before the aforementioned bailiff, aldermen, and burgesses and the aforementioned deputy of the seneschal of the borough and parish abovesaid come the aforementioned Ralph Dixe and Mary his wife by James Allen his abovesaid attorney. And they say that the abovesaid Mary did not undertake on herself or faithfully promise the aforementioned Nicholas in manner and form as the abovesaid Nicholas Borrowes above narrated against them. And of this they put themselves on the countryside. And the abovesaid Nicholas similarly.

Therefore it is ordered to John Perryn serjeant at mace of the abovesaid borough and parish that he should make to come here at the next court on Monday in three weeks, viz., May 4 next to come [May 4, 1607] 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid here etc.

And at the court of the said lord king held there on May 4 in the last abovesaid year [May 4, 1607] before the aforementioned bailiff, George Nicolls and Robert Russell aldermen there, John Halhed and Edward Man burgesses there and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid it is entered thus:

And now here at this court before the aforementioned bailiff, aldermen, and burgesses and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid come the aforementioned Nicholas Borrowes by Fulk Wynge his abovesaid attorney and the abovesaid Ralph Dixe and Mary his wife by James Allen their abovesaid attorney. And thereon the jury between the abovesaid parties is put in respite here until the next court on Monday in three weeks, viz., May 25 next to come. Therefore as formerly it is ordered to John Perryn serjeant at mace of the borough and parish abovesaid that he should make to come here at the abovesaid court 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid here etc.

And at the court of the said lord king held there on Monday, viz., May 25 in the last abovesaid year [May 25, 1607] before the aforementioned bailiff, John Gill and George Nicholle aldermen there, George Moseley and Edward Wysdome burgesses there and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid it is entered thus:

A venire facias directed to John Perryn serjeant at mace of the borough and parish abovesaid between Nicholas Borrowes of Banbury in the county of Oxfordshire yeoman plaintiff and Ralph Dixe of the town and county abovesaid tanner and Mary his wife defendants in a plea of trespass on the case.

And now at this court before the aforementioned bailiff, aldermen and burgesses and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid come the aforementioned Nicholas Borrowes by Fulk Wynge his abovesaid attorney and the abovesaid Ralph Dixe and Mary his wife by James Allen his abovesaid attorney. And the aforementioned John Perryn serjeant at mace of the borough and parish abovesaid now returns his precept of venire facias directed to him in the abovesaid form served and executed in everything together with the panel of the names of the jurors annexed to the same precept, 12 of whom, viz., John Symons, George Robyns mercer, Edward Williamson, John Shirwood, William Goodwyn, Clement Jorden, Henry Dudley, William Cowper, Robert Ambros, John Goodwyn, Andrew Hall and Richard Rogers appeared, who, solemnly exacted, come and chosen tried and sworn to tell the truth of and on the premisses, say on their oath that the abovesaid Mary undertook on herself and faithfully promised the same Nicholas in the manner and form as the aforementioned Nicholas Borrowes above in his narration abovesaid against the same [IMG 1318] Ralph and Mary complained. And they assess the damages for the plaintiff by the abovesaid occasion at 30s of the lawful money of England beyond his outlays and costs put out by him on his suit in this part, and for those outlays and costs at 14s 10d.

Therefore it is considered by the court that the abovesaid Nicholas recover against the abovesaid Ralph and Mary his damages abovesaid together with the abovesaid outlays and costs assessed by the abovesaid jurors in the abovesaid form, and the abovesaid Ralph and Mary in mercy thereof 2d etc. Let the execution thereof cease here until the next court on Monday in three weeks, viz., June 15 next to come [June 15, 1607].

At which certain said lord king’s then next court held there before the aforementioned bailiff, Nierden Edens and Thomas Webbe aldermen there, John Wynge and Robert Bentley burgesses there, and the aforementioned deputy of the seneschal of the court of the borough and parish abovesaid comes Ralph Dixe for his abovesaid damages of 30s together with his abovesaid outlays and costs of 14s10d adjudicated to the same Nicholas in the abovesaid court against the same Ralph and Mary his wife in the abovesaid plea, and it is granted to him.

And thereon it is ordered to John Perryn serjeant at mace of the abovesaid borough and parish that he take the abovesaid Ralph Dixe if he is found in his bailiwick and guard him safely so that he have his body here at the next court on Monday in three weeks, viz., July 6 next to come [July 6, 1607] to satisfy the aforementioned Nicholas Borrowes of the abovesaid damages, outlays, and costs.

At which certain said lord king’s court here held there on Monday, scilt., July 6 in the last specified year [July 6, 1607] before the aforementioned bailiff, Edward Eden and John Gill aldermen there, Thomas Foster and John Pym burgesses there, and the aforementioned deputy of the seneschal of the court of the abovesaid borough and parish comes the aforementioned Nicholas Borrowes by Fulk Wynge his abovesaid attorney, and he seeks his abovesaid damages of 30s together with his abovesaid outlays and costs of 14s10d against the abovesaid Ralph. And the aforementioned John Perryn serjeant at mace of the abovesaid borough and parish now returns that the abovesaid Ralph Dixe is not found in his bailiwick.

And afterwards in this same court here comes James Allen the abovesaid attorney of the abovesaid Ralph Dixe and Mary his wife and delivered then and there in the same court to the aforementioned bailiff, aldermen, and burgesses and deputy of the seneschal of the abovesaid borough and parish on the part of the said Ralph and Mary the abovesaid writ of the said now lord king for correcting an error, which certain writ annexed to this tenor of the abovesaid record we the aforementioned bailiff, aldermen, and burgesses and the aforementioned deputy of the seneschal of the court of the abovesaid borough and parish send distinctly and openly under our seals to the most excellent lord king together with the record and process of the abovesaid plea with everything touching them at the day specified in the same writ wherever then he will be in England, which certain premisses being or are the whole record and process and judgment and everything touching them that were there in the said lord king’s court of his borough and parish abovesaid with the same lord king’s writ between the abovesaid parties according to the custom of the borough and parish abovesaid at the time of the reception of the writ of the same lord king annexed to this record that we the aforementioned bailiff, aldermen, and burgesses and deputy of the seneschal of the court of the abovesaid borough and parish by virtue of the abovesaid writ with the due reverence of which we are able send to the same lord king at the day contained in the same writ wherever then he shall be in England as it was ordered to us by that writ.

Afterwards, scilt., Thursday next after the morrow of All Souls this same term before the lord king at Westminster come the abovesaid Ralph Dixe and Mary his wife in their proper persons. And immediately they say that in the record and process abovesaid as well as in the rendering of the abovesaid judgment manifestly it was erred in this, viz.,

that the abovesaid judgment was rendered for the abovesaid Nicholas Borrowes against the same Ralph and Mary where by the law of the land of the realm of England it ought to have been rendered for the same Ralph and Mary against the aforementioned Nicholas, because there was not had any sufficient consideration mentioned in the abovesaid record to burden the same Mary for the payment of the abovesaid debt by the law of this realm of England,

and for this that by the abovesaid record it does not appear that the administration of the goods and chattels that were Thomas Pynder’s at the time of his death was committed to the same Mary after the death of the abovesaid Thomas,

and for this that the abovesaid Nicholas did not narrate against the same Mary as administrator of the goods and chattels of the abovesaid Thomas Pynder as by the law of the land of this realm of England he ought to have narrated. Therefore for these causes manifestly it was erred.

Likewise it was erred in this that whereas the abovesaid Nicholas by the abovesaid narration demonstrated that after the death of the abovesaid Thomas Pynder sufficient goods and chattels that were the same Thomas’s came to the hands of the abovesaid Mary relict of the said Thomas for the administration of money, and for this there is not had any certitude of the place where the goods and chattels that were the abovesaid Thomas’s came to the hands to the abovesaid Mary after the death of the same Thomas. Therefore in this it was manifestly erred.

And they seek a writ of the lord king to warn the abovesaid Nicholas to be before the lord king to hear the record and process abovesaid. And it is granted to them etc., whereby it is ordered to the sheriff of Oxfordshire that by prudent etc., he make known to the aforementioned Nicholas that he be before the lord king on the Octaves of Hilary wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Ralph and Mary etc.

At which day before the lord king at Westminster come the abovesaid Ralph and Mary in their proper persons. And the sheriff did not send thereof the writ. And the abovesaid Nicholas on the 4^th day of the plea, solemnly exacted, comes by John Badger his attorney. Thereon the abovesaid Ralph and Mary as before say that in the record and process abovesaid as well as in the rendering of the abovesaid judgment it was manifestly erred by alleging the errors alleged above by them in the abovesaid form [IMG 1319], and they seek that the abovesaid judgment on account of the abovesaid errors and others found in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that the court of the said lord king here proceed to the examination both of the record and process abovesaid and of the abovesaid errors, and that the abovesaid Nicholas rejoin to the abovesaid errors.

         And the abovesaid Nicholas says that neither in the record and process abovesaid nor in the rendering of the abovesaid judgment was it erred in anything. And he seeks that the court of the same lord king here proceed to the examination both of the record and process abovesaid and of the abovesaid errors assigned by the abovesaid Ralph and Mary, and that the abovesaid judgment be affirmed in everything etc. And because the court of the said lord king [at his point the enrollment simply stops.]