John Witton gentleman v. Richard Walle, Hugh Collynges, Humfrey Burnell cleric the executors of John Walle
Bridgnorth attorney: Richard Burges
Error in king's bench (Trinity term, 1537) on an action in the court of Bridgnorth, Shropshire
AALT images for Witton v. Executors of Walle This action of error on a case of debt in the court of Bridgnorth
yielded a more casual record. No errors were actually assigned, but
errors would have included at least the omission of the judges. While
the contents were probably quite adequate for a court’s internal
affairs, it would not pass muster in king’s bench. Of particular
interest here, however, is the schedule of costs at the end of the record. The lord king sent to the bailiffs of his town of Bridgnorth his writ close
in these words: Henry VIII 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 the bailiffs of his town of
Bridgnorth, 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 town abovesaid without our writ according to the
custom of the same town between John Witton gentleman and
Richard Walle, Hugh Collynges, and Humfrey Burnell cleric the
executors of John Walle concerning a debt of 41s that the same
John exacts from the aforementioned Richard, Hugh, and Humfrey
as it is said manifest error has intervened to the grave damage of
the same Richard, Hugh, and Humfrey as we have accepted from
their complaint, we, wanting the error if any there was to be
corrected and full and swift justice to be done to the abovesaid
parties, order you that if judgment has been rendered thereof then
distinctly and openly send the abovesaid record and process with
everything touching them to us under your seals, and this writ, so
that we have them on the morrow of the Ascension of the Lord
wherever we shall be in England so that, the abovesaid record and
process having been inspected, we may make to be done further
thereof what of right and according to the law and custom of our
realm of England should be done. Tested me myself at
Westminster February 6 in the 28th year of our reign [February 6,
1537]. The record and process of which mention is made in the abovesaid writ
follow in these words: Bridgnorth. John Whytten complains against Richard Walle, Hugh
Colynges, and Humfrey Burnelle cleric the executors of the
testament of John Walle deceased in a plea of debt. [blank] Pledges
for the defendant: Thomas Reynoldes and Edward More etc.
[blank]. On February 27 [February 27, 1536] the defendant appeared and
sought a copy of the plea, and on the same day Richard Burges
attorney of the plaintiff sought day to make the declaration and it is
granted for this that at the Rounde Thorne within the liberty of this
court in the 23rd year of the reign of King Henry VIII in the time of
Lent the abovesaid plaintiff demised to John Walle in his life a
tenement with appurtenances lying and being in the town called
“Frentre” at term of the life of John Walle for rent of 41s per
annum and there still remains from the same rent unpaid one year
of rent, viz., 41s, which sum the said plaintiff often required from
the abovesaid John Walle in his life and after the death of the said
John Walle often required of the abovesaid defendants now
executors of the testament of the goods of the said John Walle and
to this time the said defendants refused to pay and still refuse,
against right as the plaintiff says, wherefore the said plaintiff is
worse off and has damages to the value of 4 marks, wherefore he
produces suit. The defendants at the court held March 27 [March 27, 1536]
appeared and often asked for a copy of the plea and it is granted. And the same defendants at the court held April 10 [April 10,
1536] were essoined and the same defendants on April 24th
appeared and denied the action. And Richard Burges in the same
court the attorney of the abovesaid plaintiff appeared and sought a
venire facias and it is granted, and thus it was ordered to Robert
Capper and Rouland Prene so summoned 24 prudent and lawful
men truthfully to say between the plaintiff and the defendants, and
the same panel was called on May 8 [May 8, 1536], whereof the
defendants did not appear and defaulted. And the same action
continued to here at the discretion of the judge. On August 27
[August 27, 1536] in the year of the now king’s reign the jury
appeared and swore their verdict: his debt 41s3d, the declaration
2d., the capias 8d, for the venire facias 2d, damages 20d. The
plaintiff seeks a capias de corpore, and it is granted.
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