Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, & John Giste v. Leonard Sherman

     Barnstaple attorneys: Phillip Ley, John Rosyer
   (for another Barnstaple error case with Barnstaple attorneys Nicholas Stephyn and Evan Bartlett, see)

The lord king sent to the mayor, aldermen and recorder of the borough or town of Barnstaple alias Barstaple 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 mayor, aldermen, and recorder of the borough or town of Barnstaple alias Barstable, greetings. Because in the record and process as well as in the rendering of judgment of a plea that was before you in the court of the abovesaid borough or town without our writ according to the custom of the same court between Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gernynge, and John Giste and Leonard Sherman concerning a debt of £30 4s that the same Thomas, Brian, Thomas, John, and John exact from the aforementioned Leonard as it is said manifest error intervened to the grave damage of the same Leonard 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 send distinctly and openly the abovesaid record and process together with everything touching them to us under your seal, and this writ, so that we have them on the morrow of All Souls 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 August 21 in the 5^th year of our reign of England, France and Ireland and the 41^st of Scotland [August 21, 1607].Albery

We, John Pearde mayor of the borough of Barnstaple withinwritten and James Woodroff and Paul Worth aldermen of the same borough of the lord king, at the day contained within certify that we send the record and process of which mention is made within with everything touching them at the same day, which are sewn to this writ. John Peard, James Woodroff, Paul Worth.

Barnstaple. The court of the lord king at Barnstaple in the borough of Barnstaple held by virtue of a charter of liberties granted to the mayor, aldermen, and burgesses of the borough of Barnstaple abovesaid by the Lady Elizabeth late queen of England in the guildhall of the said borough of Barnstaple there before John Peard mayor of the borough of Barnstaple abovesaid and James Woodroff and Paul Worth aldermen of the same borough on Monday, viz., April 6 in the 5^th year of the reign of our Lord James by the grace of God king of England, Scotland, and Ireland, defender of the faith etc., scilt., the 5^th of England, France and Ireland and the 40^th of Scotland [April 6, 1607].

At this court come Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist in their proper persons and complain against Leonard Sherman concerning a plea of debt on a demand of £30 4s of the lawful money of England etc. And they find pledges to prosecute the abovesaid complaint, viz. John Doe and Richard Roe.

Thereon the same Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist seek that the abovesaid Leonard Sherman be summoned thereof etc. Therefore it is ordered to Robert Light and William Voysey serjeants at mace of the mayor in the borough of Barnstaple abovesaid and ministers of the court of the lord king there jointly and severally that they summon by good summoners the abovesaid Leonard Sherman so that he be here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, scilt., April 20 next to come [April 20, 1607] in the guildhall of the abovesaid borough to answer the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist concerning the abovesaid plea. The same day is given to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist here etc.

At which day and court held before the aforementioned mayor and aldermen here, scilt., at Barnstaple abovesaid in the abovesaid guildhall came the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist in their proper persons. And they presented themselves against the aforementioned Leonard Sherman concerning the abovesaid plea. And he did not come. And the aforementioned Robert Light and William Voysey serjeants etc., come and now here attest that the abovesaid Leonard Sherman has nothing etc. Therefore it is ordered to the aforementioned Robert Light and William Voysey serjeants etc., jointly and severally that they take the abovesaid Leonard Sherman if he can be found within the precinct of the abovesaid borough or the liberties of the same to be guarded safely and securely so that they have or either of them have his body here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, scilt., May 4 next to come [May 4, 1607] in the guildhall of the abovesaid borough to answer the aforementioned Thomas, Brian, Thomas, John, and John Gist here etc. [IMG 0497]

At which day and court held before the aforementioned mayor and aldermen here, scilt., at Barnstaple abovesaid in the guildhall there come both the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Giste in their proper persons and the abovesaid Leonard Sherman in his proper person. And the aforementioned William Voysey serjeant etc., now sends that he took the abovesaid Leonard Sherman whose body here at this day and court he has ready to answer the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Giste concerning the abovesaid plea as it was ordered to him. And thereon the same Leonard Sherman finds for the aforementioned mayor and aldermen according to the custom of the borough abovesaid sufficient mainprise, viz., William Lanyon and Elizabeth Sherman widow burgesses of the abovesaid borough, who mainpern for the abovesaid Leonard that the same Leonard Sherman will stand to right in the abovesaid court on the abovesaid complaint and will make default at no day given him thereof nor withdraw himself nor absent himself from the execution of judgment thereof rendered against him under the penalty of incurring the same execution to be made from their body, lands, and tenements if it happen that the abovesaid Leonard Sherman at any day of the plea thereof make default or absent himself from receiving and awaiting the execution of a judgment against him rendered.

And thereon the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist put in their place Phillip Ley to lose or gain against the aforementioned Leonard Sherman concerning the abovesaid plea.

And the abovesaid Leonard Sherman puts in his place John Rosyer to lose or gain against the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Giste concerning the abovesaid plea.

And day is given to the abovesaid parties here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, viz., May 18 next to come [May 18, 1607] in the status as now saving to the parties etc.

Barnstaple. Pleas held in the court of the lord king at Barnstaple in the borough of Barnstaple abovesaid by virtue of the charter of liberties granted to the mayor, aldermen, and burgesses of the borough of Barnstaple abovesaid by the Lady Elizabeth late queen of England in the guildhall of the said borough of Barnstaple there before John Peard mayor of the borough of Barnstaple abovesaid and James Woodroof and Paul Worth aldermen of the same borough on Monday, viz., June 1 in the year of the reign of our Lord James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., scilt., the 5^th of England, France, and Ireland and the 40^th of Scotland [June 1, 1607].

Barnstaple. Leonard Sherman was summoned to answer Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist concerning a plea that he render to them £30 4s of the lawful money of England that he owes them and unjustly detains, wherefore the same Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by Phillip Ley their attorney say that, whereas the abovesaid Leonard Sherman [IMG 1400] on January 8 in the year of the Lord 1606 and the 4^th year of King James of England and 40^th of Scotland here at Barnstaple abovesaid within the jurisdiction of the court [by] his signed bill of the same Leonard acknowledged that he owed and was indebted to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Giste in the abovesaid £30 4s, viz., to the aforementioned Thomas Hernyman £8 parcel of the abovesaid £30 4s, to Brian Leathland £6 12s another parcel of the abovesaid £30 4s, to Thomas Rowe £5 8s parcel of the abovesaid £30 4s, to John Gerrynge £5 2s another parcel of the abovesaid £30 4s, and to the aforementioned John Gist £5 2s the residue of the abovesaid £30 4s, that in all amounts to the abovesaid sum of £30 4s of the lawful money of England to be rendered and paid to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Giste at or before the last day of January then next following, nevertheless the abovesaid Leonard Sherman although often asked has not at all paid according to the tenor of the abovesaid bill the abovesaid £30 4s, viz., to the aforementioned Thomas Hernyman the abovesaid £8, to Brian Leathland £6 12s, to Thomas Rowe £5 8s, to John Gerrynge £5 2s, and to the aforementioned John Gist £5 2s, that in all amounts to the abovesaid sum of £30 4s of the lawful etc., at or before the abovesaid last day of January, but wholly refuses and declines to render them to them as said above and still refuses and declines, wherefore the same Thomas, Brian, Thomas, John, and John say that they are worse off and have damages to the value of £10, and thereof they produce suit etc. And they proffer here in court the abovesaid bill that attests the abovesaid debt in the abovesaid form, the date of which is the day and year before abovesaid.

And the abovesaid Leonard Sherman by the abovesaid John Rosyer his attorney comes and defends force and injury when etc., and he seeks license thereof to emparl here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, viz., June 15 next to come in the guildhall of the abovesaid borough. And it is granted to him etc. The same day is given to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist here etc.

At which day and court held here, scilt., at Barnstaple abovesaid in the guildhall abovesaid before the aforementioned mayor and aldermen came both the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by the abovesaid Phillip Ley their attorney and the abovesaid Leonard Sherman by John Rosyer his abovesaid attorney. And the abovesaid Thomas, Brian, Thomas, John Gerrynge, and John Giste offered themselves against the aforementioned Leonard Sherman concerning the abovesaid plea.

And the same Leonard Sherman says by protesting that the narration of the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist as well as the material contained in the same is not at all sufficient in law to put the same Leonard Sherman to answer to the same, nevertheless for a plea the same Leonard Sherman says that he ought not to maintain the abovesaid plea against him in the abovesaid name of Thomas Hernyman, because he says that there is not had any such Thomas Hernyman in the nature of things as mentioned by the abovesaid plea. And the abovesaid Leonard Sherman further says that at the time of the making of the abovesaid bill the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist imposed by inflicting on the same Leonard such and so great threats of his life and mutilation of his members unless he wanted to make that bill to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist at Barnstaple within the jurisdiction of this court that the same Leonard Sherman then made that bill on account of the fear of the threats of the aforementioned Thomas, Brian, Thomas, John and John. And this he is ready to verify, wherefore he seeks judgment if he ought to be burdened with the abovesaid debt by virtue of the abovesaid bill etc.

And the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist say that they by anything alleged above ought not to be precluded from having their abovesaid action, because they say that there is such a Thomas Hernyman who is had, named, and known in the nature of things by the name of Thomas Hernyman as is specified in the abovesaid narration. And further they say that the abovesaid Leonard Sherman at the time of the making of the abovesaid bill was sui juris, at large and made and sealed that bill from his full and spontaneous will to the same Thomas Henryman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist and not from fear of threats as the abovesaid Leonard above alleged in his bar. And they seek that this be inquired by the countryside. And the abovesaid Leonard Sherman similarly etc.

Therefore it is ordered to the aforementioned Robert Light serjeant etc., that he make to come here, scilt., at Barnstaple abovesaid, at the abovesaid court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, scilt., June 29 next to come in the guildhall [IMG 1401] of the abovesaid borough 12 prudent, free, and lawful men of the abovesaid borough by whom the truth of the matter can better be known and who neither to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist nor to the aforementioned Leonard Sherman are related by any affinity to recognize on their oath if there was had any such Thomas Hernyman in the nature of things and if at the time of the making of the abovesaid bill the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist imposed by threatening the aforementioned Leonard with such and so great threats of his life and mutilation of his members unless he wanted to make that bill to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist that the same Leonard on account of the fear of those threats made that bill to the same Thomas, Brian, Thomas, John, and John as the abovesaid Leonard Sherman says or not but rather that there is such a Thomas Hernyman who in the nature of things is had and if the abovesaid Leonard Sherman at the time of the making of the abovesaid bill was sui juris, at large, and made that bill from his full and spontaneous will to the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist and not on account of the fear of those threats as the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerringe, and John Gist say, because both the abovesaid Thomas, Brian, Thomas, John and John and the abovesaid Leonard Sherman put themselves on that jury. The same day is given to the abovesaid parties here etc.

At which day and court held here, scilt., at Barnstaple abovesaid before the aforementioned mayor and aldermen of the abovesaid borough in the guildhall there came both the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by the aforementioned Phillip Ley their attorney and the abovesaid Leonard Sherman by the abovesaid John Rosyer his attorney. And the abovesaid Robert Light serjeant etc., comes and returns the abovesaid precept directed to him together with the panel of the names of jurors sewn to the same precept, who exacted, some of them came and some of them did not come. Thereon the abovesaid plea is put in respite here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, viz., July 13 next to come [July 13, 1607] in the guildhall of the abovesaid borough for default of the jurors and by the assent of the said parties. [IMG 0498] And it is ordered to the aforementioned Robert Light serjeant etc., that he then have here the bodies of the abovesaid jurors to recognize in the abovesaid form. The same day is given to the parties abovesaid here etc.

At which day and court held before the aforementioned mayor and aldermen here, scilt., at Barnstaple abovesaid in the guildhall there came both the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by Phillip Ley their attorney abovesaid and the abovesaid Leonard Sherman by John Rosyer his abovesaid attorney. And the aforementioned Robert Light serjeant etc., did not send his precept here etc.

And thereon, the premisses having been seen and more fully understood by the court of the said lord king here, it sufficiently appears that that plea of the same Leonard Sherman pleaded in preclusion of the action of the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist is less sufficient in law and the issue subsequent thereof less aptly joined, it is considered that the abovesaid jurors impaneled between them go thereof without day and that the parties abovesaid re-plead, viz., that the abovesaid Leonard Sherman answer anew to the abovesaid narration and that the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist re-plead and that the abovesaid Leonard Sherman rejoin until they join a new issue or new issues thereof or plead in judgment.

And thereon the abovesaid Leonard Sherman seeks thereof a day to emparl here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the aforementioned mayor and aldermen of the said borough on Monday, scilt., July 27 next to come [July 27, 1607] in the guildhall of the abovesaid borough, and it is granted to him by assent of the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist. The same day is given to the aforementioned Thomas, Brian, Thomas, John, and John Gist here etc.

At which day and court held before the aforementioned mayor and aldermen here, scilt., at Barnstaple abovesaid in the abovesaid guildhall came both the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by the abovesaid Phillip Ley their attorney and the abovesaid Leonard Sherman by the abovesaid John Rosyer his attorney. And the abovesaid Thomas Hernyman, Brian Leathlande, Thomas Rowe, John Gerrynge, and John Gist seek that the abovesaid Leonard answer to the abovesaid narration etc. And the same Leonard says nothing in bar of the abovesaid action of the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist, whereby the same Thomas, Brian, Thomas, John, and John remain against the aforementioned Leonard Sherman thereof undefended [sic]. And because the abovesaid mayor and aldermen here want to advise themselves on the plea and default abovesaid and on other the premisses before they render judgment thereof, day is given to the parties abovesaid that they be here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the mayor and aldermen of the said borough on Monday, viz., August 10 next to come [August 10, 1607] in the guildhall of the abovesaid borough to hear thereof their judgment etc.

At which day and court before the aforementioned mayor and aldermen here, scilt., at Barnstaple abovesaid in the guildhall there came the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by the abovesaid Phillip Ley their attorney and the abovesaid Leonard Sherman did not come. [IMG 0499]

And the abovesaid plea and default and other the premisses having been seen and more fully understood by the court of the said lord king here, it is considered that the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist recover against the the abovesaid Leonard Sherman their debt of the abovesaid £30 4s as well as 20s both for their damages by occasion of the detention of that debt and for their outlays and costs put out on their suit in this part adjudicated to the same Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by their assent by the court here, and the same Leonard Sherman in mercy etc. And thereon it is ordered to the aforementioned Robert Light serjeant etc., that he take the abovesaid Leonard Sherman if he can be found within the borough of Barnstaple abovesaid, the precincts or liberties of the same to guard him safely and securely so that he have his body at the court of the said lord king to be held here, scilt., at Barnstaple abovesaid before the aforementioned mayor and aldermen of the said borough on Monday, viz., August 24 next to come [August 24, 1607] in the guildhall of the abovesaid borough to satisfy the aforementioned Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist of the debt, damages, outlays, and costs abovesaid whereof he is convicted etc.

At which day and court held here, scilt., at Barnstaple abovesaid before the aforementioned mayor and aldermen in the abovesaid guildhall came the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist by the abovesaid Phillip Ley their attorney. And they presented themselves against the aforementioned Leonard Sherman concerning the abovesaid plea. And he did not come. And the aforementioned Robert Light serjeant etc., sent that the abovesaid Leonard Sherman is not found within the borough abovesaid nor the precinct or liberties of the same. Therefore it is ordered to the aforementioned Robert Light serjeant etc., according to the custom of the abovesaid borough that by good and lawful men burgesses of the abovesaid borough he should make known to the aforementioned Elizabeth Sherman widow and William Lanyon pledges and mainpernors of the abovesaid Leonard Sherman that they be here, scilt., at Barnstaple abovesaid at the court of the said lord king to be held before the mayor and aldermen of the said borough on Monday, scilt., September 7 next to come in the guildhall of the abovesaid borough to show why the abovesaid Thomas Hernyman, Brian Leathland, Thomas Rowe, John Gerrynge, and John Gist ought not have their execution against them of the debt, damages, outlays and costs abovesaid according to the force, form, and effect of the abovesaid mainprise if it seem to them expedient and further to do and receive what the court of the said lord king then there should consider in this part etc. [Nothing more is enrolled.]