Margaret Scalta, widow v. John Bovett
Bristol attorneys: Leonard Pope, John Cole
Error on a case in the court of Bristol (Easter term, 1571)
AALT images for Scalta v. BovettThis action of error on a case of debt on a contract in the court of Bristol is interesting procedurally. A rapid reading will make it appear that it suffered from an unjustifiable number of continuances and delays, but since the sessions were so frequent, most of the case took only two months. There then following a delay from mid-May to late August: the time of the central court Trinity term and assize circuit, during which time the attorneys might have been occupied. The lapse of time then between judgment rendered and the action of error happened (a) because the defendant was subjected to central court process for the execution of the debt, so that in the error case he was already in the marshalsea prison and (b) the first issuance of the writ of the error went un-executed. The assigned errors included the divergence in spelling of names between the panel listing and the jury listing of two jurors (so that they might be construed as different people) and the dates of the court. The assignment of error about the dates only isolates one court date wrongly listing the day of the week of the particular date, but the whole record is similarly displaced by one day of the week. The week day and day number would correspond for the year 1568, but the regnal year specification puts the case clearly in 1569, although the regnal year is not usually specified. It is thus unclear whether the Bristol case was actually in 1569 or in 1568. The process in error, amusingly, is sufficiently defective that, had it been subjected to the same scrutiny it gave records from the lower courts, it would itself have been found erronious.
The lady queen sent to the mayor, aldermen, and sheriffs of the city or town of Bristol and to the mayor and constable of the Staple of the same city or town as well as to the bailiffs of the said mayor and community of the said city or town of Bristol of his Tolsey court and to the bailiffs of the said mayor and community of the same city or town of his pie powder court and each of them his writ close in these words:
Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the mayor, aldermen, and sheriffs of the city or town of Bristol and to the mayor and constable of the Staple of the same city or town as well as to the bailiffs of the said mayor and community of the said city or town of Bristol of his Tolsey court and to the bailiffs of the said mayor and community of the same city or town of his pie powder court and each of them, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you or any of you in our court of the abovesaid city without our writ according to the custom of the same city between Margaret Scalta widow and John Bovett concerning a debt of £40 that the same Margaret exacts from the aforementioned John as it is said manifest error intervened to the grave damage of the same John 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 as formerly we ordered 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 at the quindene of Easter wherever we then 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, or signify to us the cause why you so little value our mandate formerly directed to you. Tested me myself at Westminster March 6 in the 13th year of our reign. [March 6, 1571]
The record and process of which mention is made in the abovesaid writ follow in these words:
The Town and City of Bristol. Pleas in the lady queen’s Tolsey court of the town and city of Bristol held in the guildhall of the same town and city according to the law merchant and according to the use and custom of the same town and city from time whereof the memory of men runs not to the contrary before Thomas Kyrkeland and Robert Smythe both sheriffs of the town and city abovesaid and bailiffs of the mayor and city of the same town and city on Friday March 12 in the 11th year of the reign of our Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [March 12, 1569]
At this court comes Margaret Scalta widow in her proper person and complains of John Bovett concerning a plea of debt on a demand of £40 that he owes her and unjustly detains etc. And she finds pledges to prosecute her complaint abovesaid against John Bovett, viz., John Prowett and Thomas Stowte. And she seeks process thereof to be made against the abovesaid John Bovett according to the law, use, and custom abovesaid etc., and it is granted to her etc. Therefore, according to the law, use, and custom abovesaid etc., it is ordered by the court here to Thomas Clarke serjeant at mace of the lady queen within the town and city abovesaid and minister of the abovesaid court that he summon by good summoners John Bovett so that he be at the next lady queen’s Tolsey court of the abovesaid town and city to be held here, scilt., at Bristol in the guildhall of the same town and city abovesaid before the aforementioned Thomas Kyrkeland and Robert Smythe both sheriffs of the abovesaid town and city and bailiffs of the mayor and community of the same town and city on Monday March 15 then next following according to the law, use and custom abovesaid to answer the aforementioned Margaret Scalta concerning the abovesaid plea etc. The same day is given to the same Margaret here etc.
And thereon the same Margaret puts in her place Leonard Pope against the abovesaid John Bovett concerning the abovesaid plea etc.
At which certain next court held here scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid on the abovesaid Monday March 15 come both the abovesaid Margaret Scalta and the abovesaid John Bovett in their proper persons. And the abovesaid Thomas Clerke serjeant at mace and minister of the abovesaid court etc., now here returned the abovesaid precept directed to him in the abovesaid form that he by virtue of the abovesaid precept summoned the abovesaid John Bovett to be here at this day by William Denne and Richard Fenne good summoners to answer the aforementioned Margaret Scalta concerning the abovesaid plea as that precept exacted on him.
Thereon the same Margaret according to the law, use, and custom abovesaid then and there narrating against the said John Bovett concerning the abovesaid plea by the abovesaid Leonard Pope her attorney says that the abovesaid John Bovett owes and unjustly detains from the same Margaret the abovesaid £40 because, viz., whereas the abovesaid John on March 16 in the 9th year of the reign of the now lady queen [March 16, 1567] at Bristol abovesaid within the jurisdiction of this court borrowed from the same Margaret Scalta the abovesaid £40 to be paid to the same Margaret when thereof he should be asked, nevertheless the abovesaid John Bovett although often asked has not yet rendered the abovesaid £40 but to this time has refused 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.
And the abovesaid John Bovett defends force and injury when etc. And she seeks license thereof to emparl here until the next said lady queen’s Tolsey court of the town and city abovesaid to be held before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there in the abovesaid guildhall on Wednesday March 17 then next following according to the law, use, and custom abovesaid etc., and he has it etc. The same day is given to the aforementioned Margaret Scalta here etc.
And thereon the abovesaid John Bovett puts in his place John Cole against [IMG 0648] the aforementioned Margaret Scalta concerning the abovesaid plea.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there according to the law, use, and custom abovesaid on the abovesaid Wednesday in the abovesaid year come both the abovesaid Margaret and the abovesaid John Bovett by their abovesaid attorneys. And thereon the abovesaid John Bovett further seeks license thereof to emparl here until the next lady queen’s court of the abovesaid town and city to be held here, scilt., at Bristol abovesaid in the abovesaid guildhall there before the aforementioned both sheriffs of the town and city abovesaid and the bailiffs of the mayor and community there on Friday March 19 next to come, and he has it etc. The same day is given to the aforementioned Margaret here etc.
At which day before the aforementioned sheriffs and bailiffs held [sic] here, scilt., at Bristol abovesaid in the abovesaid guildhall on the abovesaid March 19 [March 19, 1569] come both the abovesaid Margaret and the abovesaid John Bovett by their abovesaid attorneys etc. And thereon the same John as before defends force and injury when etc. And he says that he does not owe the aforementioned Margaret the abovesaid £40 or any penny thereof in the form in which the same Margaret above narrated against him. And of this he puts himself on the countryside. And the abovesaid Margaret similarly. Therefore according to the law, use, and custom abovesaid, it is ordered to the aforementioned serjeant at mace of the said lady queen within the town and city of Bristol abovesaid and minister of the court abovesaid that he should make to come here at the next said lady queen’s Tolsey court of the town and city abovesaid to be held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same city on Monday March 22 next to come [March 22, 1569] 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. [IMG 1469]
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and the bailiffs of the mayor and community of the said town and city according to the law, use, and custom abovesaid on March 22 [March 22, 1569] come both the abovesaid Margaret and the abovesaid John Bovett in their proper persons. And the abovesaid serjeant at mace and minister of this court did not return the abovesaid precept directed to him in the abovesaid form. Therefore as before it is ordered to the aforementioned serjeant at mace and minister of the court etc., that he make to come here at the next said lady queen’s Tolsey court abovesaid before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the town and city abovesaid to be held here, scilt., at Bristol abovesaid in the abovesaid guildhall according to the law, use, and custom abovesaid on Wednesday March 24 next to come [March 24, 1569] 12 etc., to recognize etc., in the abovesaid form etc. The same day is given to the parties abovesaid here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the guildhall abovesaid there before the aforementioned sheriff of the town and city abovesaid and bailiffs of the mayor and community there come the abovesaid parties in their proper persons. And the aforementioned serjeant at mace and minister of the court etc., did not return the abovesaid precept directed to him in the abovesaid form. Therefore as many times it is ordered to the serjeant at mace and minister of the court etc., that he make to come here at the next said lady queen’s Tolsey court to be held in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there according to the law, use, and custom abovesaid on Monday March 29 next to come [March 29, 1569] 12 etc., to recognize in the abovesaid form etc. The same day is given to the abovesaid parties here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there on March 29 [March 29, 1569] come the abovesaid parties in their proper persons. And the aforementioned serjeant at mace and minister of the court etc., did not return the abovesaid precept directed to him in the abovesaid form. Therefore as many times it is ordered to the aforementioned serjeant at mace and minister of the court etc., that he make to come here at the next said lady queen’s court to be held in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there according to the law, use, and custom abovesaid, scilt., on Monday April 18 next to come [April 18, 1569] 12 etc., to recognize in the abovesaid form etc. The same day is given to the abovesaid parties here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there come the abovesaid parties in their proper persons. And the aforementioned serjeant at mace and minister of this court returned the abovesaid precept directed to him in the abovesaid form served and executed in all things,, viz., that he returned the panel of the names of the jurors impaneled between the parties abovesaid from the vicinity abovesaid in the said plea, the names of whom follow, viz., Thomas Bettes, William Redge, Thomas Fowrde, John Bonner, Henry Willott, John Thrustone, William Byrke, Walter Standfaste, Richard Standbancke, George Snowe, Cuthbert Slecomme, John Fletcher, John Burrowes, Lewis Phillips, John Jones, John Wilson, Thomas Winter, Edward Powell, Thomas Adams, Christofer Frinde, Thomas Edye, Robert Cabelle, Francis Knyghte, and Clement Barnes. And also the same serjeant at mace and minister of court etc., attests that each of the abovesaid jurors is attached separately by himself by pledge of Thomas Jynkes, John Faa etc. And the abovesaid jurors impaneled thereof were then exacted; none of them then came etc. Thereon that jury is put in respite here until the next court of the said lady queen to be held in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid until Wednesday April 20 next to come [April 20, 1569] for default of the jurors because none came etc. Therefore according to the law, use, and custom it is ordered to the same serjeant at mace and minister of the abovesaid court that then he have here before the aforementioned both sheriffs of the city abovesaid and bailiffs of the mayor and community of the same town and city the bodies of the abovesaid jurors etc., to make the abovesaid jury. The same day is given to the abovesaid parties here etc.
At which day here come the abovesaid parties in their proper persons. And the aforementioned serjeant at mace etc., did not return the abovesaid precept directed to him in the abovesaid form. Therefore as before it is ordered to the aforementioned serjeant at mace and minister etc., that he have here at the next said lady queen’s Tolsey court of the abovesaid town and city to be held in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid on Friday April 22 next to come the bodies of the abovesaid jurors to make the abovesaid jury etc. The same day is given to the parties abovesaid here etc. [IMG 1470]
At which day here came the abovesaid parties by their attorneys. And the aforementioned serjeant at mace and minister of the court did not return the abovesaid precept directed to him in the abovesaid form. Therefore as many time it is ordered to the aforementioned serjeant at mace and minister of the court that he have here at the next said lady queen’s court to be held in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community there according to the law, use, and custom abovesaid on Monday April 25 next to come [April 25, 1569] the bodies of the jurors abovesaid to make the abovesaid jury etc. The same day is given to the abovesaid parties here etc.
At which day here came the abovesaid parties by their abovesaid attorneys. And the aforementioned serjeant at mace and minister of the court etc., did not return the abovesaid precept directed to him in the abovesaid form. Therefore as many times it is ordered to the aforementioned serjeant at mace and minister of the court abovesaid that he have here at the next lady queen’s court abovesaid to be held in the abovesaid guildhall before the aforementioned both the sheriffs of the sheriffs of the abovesaid town and city and bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid, scilt., on Wednesday April 27 next to come [April 27, 1569] the bodies of the abovesaid jurors to make the abovesaid jury etc. The same day is given to the abovesaid parties here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and the bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid on the abovesaid Wednesday came the abovesaid parties by their abovesaid attorneys etc. And the abovesaid serjeant at mace and minister of the abovesaid court returned the abovesaid precept directed to him in the abovesaid form together with the panel of the names of the jurors impaneled between the parties abovesaid, whose names appear at above. And further the same serjeant at arms now here attests that each of the abovesaid jurors separately by himself is attached by pledge of William Mone and Thomas Summers. Which certain jurors then here exacted, none of them came. Therefore each of them in mercy as appears in the estreats of the abovesaid court etc. And thereon the abovesaid jury is put further in respite until the next court of the said lady queen at Bristol abovesaid to be held in the abovesaid guildhall according to the law, [IMG 0649] use, and custom abovesaid on Friday April 29 then next to come [April 29, 1569] before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city for default of the jurors, because none of them came etc. Therefore according to the law, use, and custom abovesaid it is ordered to the serjeant at mace and minister of the abovesaid court that he distrain the jurors abovesaid by all lands etc., and that of the issues etc., so that the same serjeant at mace then have their bodies here to make the abovesaid jury etc. The same day is given to the abovesaid parties here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city on the abovesaid Friday came the abovesaid parties in their proper persons. And the abovesaid serjeant at mace etc., returned here the abovesaid precept directed to him in the abovesaid form together with the panel of the names of the abovesaid jurors impaneled by attesting that each of the same jurors is mainperned by Adam Ray and John Say and that each of the same jurors is distrained by chattels to the value of 12d. Which certain jurors then here exacted, none of them came. Therefore the abovesaid jury is put further in respite here until the next court of the said lady queen to be held at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city on Friday May 13 next to come [May 13, 1569] for default of the jurors, because none of them came. Therefore as before it is ordered to the aforementioned serjeant at mace etc., to distrain the abovesaid jurors by all lands etc., and that of the issues etc., so that he have them here at the same day to make the abovesaid jury etc. The same day is given to the parties abovesaid here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city on the abovesaid May 13 [May 13, 1569] came both the abovesaid Margaret Scalta and the abovesaid John Bovett by their abovesaid attorneys. And the aforementioned serjeant at mace etc., now here returned the abovesaid precept directed to him in the form abovesaid etc., together with the panel of the names of the jurors abovesaid before impaneled between the abovesaid parties by attesting that each of the same jurors is mainperned by Thomas June and William Phippes and that each of them is distrained by chattels to the value of 12d. And thereon the abovesaid jurors then exacted none of them etc. Therefore the abovesaid jury is put further in respite here until the next said lady queen’s Tolsey court of the town and city abovesaid to be held here, scilt., at Bristol abovesaid in the abovesaid guildhall according to the law, use, and custom abovesaid on Wednesday the last day of August then next to come [August 31, 1569] before the aforementioned both sheriffs of the town and city abovesaid and the bailiffs of the mayor and community of the abovesaid city for default of the jurors because none of them came. Therefore according to the law, use, and custom abovesaid as many times it is ordered to the abovesaid serjeant at mace and minister of the court etc., that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., so that he have their bodies here at the abovesaid Wednesday to make that jury etc. The same day is given to the abovesaid parties here etc.
At which certain next court held here, scilt., at Bristol abovesaid in the guildhall abovesaid before the aforementioned both sheriffs of the town and city abovesaid and bailiffs of the mayor and community of the same town and city according to the law, use, and custom abovesaid on the abovesaid Wednesday came the abovesaid parties by their attorneys abovesaid. And the abovesaid serjeant at mace and minister of the court etc., returned the abovesaid precept directed to him in the abovesaid form together with the panel of the names of the jurors impaneled by attesting that each of the same jurors is mainperned by Thomas Fynche and William Bryghte and that each of the same jurors is distrained by chattels to the value of 12d. And thereon the abovesaid jurors exacted came and appeared, of whom 12, viz., Thomas Bettes, William Ridge, Thomas Fowrde, John Bonner, Henry Willott, John Thurstone, John Wilson, Edward Powell, Thomas Adams, Christofer Frinde, Thomas Edye, and Francis Knyghte, chosen, tried, and sworn to tell the truth of and on the premisses, say on their oath that the abovesaid John Bovett owes the aforementioned Margaret Scalta the abovesaid £40 in the form in which the same Margaret above narrated against him. And they assess the damages of the same Margaret by occasion of the detention of that debt beyond her outlays and costs put out on her suit in this part at 12d, and for those outlays and costs at 4d. Therefore it is considered that the abovesaid Margaret recover against the abovesaid John Bovett his abovesaid debt and his abovesaid damages at 16d assessed by the abovesaid jury in the abovesaid form as well as 6s11d adjudicated to the same Margaret at her request for her outlays and costs abovesaid by the court here by way of increment, which certain damages in all amount to 8s3d, and that the abovesaid John Bovett in mercy etc. [IMG 0650]
Afterwards, scilt., Monday next after Easter month in this same term [1571] before the lady queen at Westminster comes the abovesaid John Bovett in his proper person brought by the marshal here at bar into whose custody before from the abovesaid cause he was committed in execution for the debt and damages abovesaid. And immediately he says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred in this, scilt.,
that by the abovesaid record it does not appear whether the abovesaid first court within the abovesaid city was held by virtue of some letters patent of the said now lady queen or any of her progenitors late kings of England or by virtue of some prescription or custom within the same city used and approved there from time whereof there is no memory of men to the contrary, as above it appears of record.
Moreover, in the abovesaid record it appears that the abovesaid second court of the abovesaid city was held on Monday March 15 in the 11th year abovesaid, the same Monday was March 14 and not March 15, and thus on account of the uncertainty on which day that second court was held, manifestly it was erred, as appears above of record.
Finally, in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred for this, viz., that whereas by the abovesaid record it appears that the abovesaid verdict was rendered by the certain William Ridge and John Thurstone among the other jurors, nevertheless in the same record fully it appears that the same William Ridge and John Thurstone were never returned to be of those jurors, but rather certain William Redge and John Thurstone [sic: should be Thrustone], who neither are nor can be understood to be the same persons but others and diverse, and thus it was manifestly erred, as above appears of record.
And the abovesaid John Bovett seeks the now lady queen’s writ to warn the abovesaid Margaret to be before the lady queen to hear the record and process abovesaid, and it is granted to him etc. Whereby it is ordered to the sheriffs that by prudent etc., they make it known to the aforementioned Margaret that she be before the lady queen on the morrow of Holy Trinity wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned John Bovett in the custody of the marshal etc. And thereon comes John Hyll of Grays Inn in the county of Middlesex gentleman, Richard Trussell of the parish of St. George in Southwark in the county of Surrey gentleman, William Edwardes of London yeoman, and William Jones of London yeoman in their proper persons. And they mainperned for the abovesaid John Bovett. And the same John then and there undertook for himself that if it should happen the abovesaid judgment against the same John Bovett be affirmed that then the debt and damages abovesaid above adjudicated in the form abovesaid against the same John as well as all the outlays and costs that to the aforementioned Margaret by occasion of the delay of the abovesaid execution according to the form of the statute etc., would be adjudicated by the court of the lady queen here would be made from his lands and chattels and of each of them and be levied to the use of the abovesaid Margaret if it happen that the same John Bovett not at all pay the debt and damages, those outlays and costs to the abovesaid Margaret or not render himself to the prison of the marshalsea of the marshal abovesaid by that occasion etc or not prosecute the writ of error abovesaid in the abovesaid form with effect etc.
At which certain morrow of Holy Trinity before the lady queen at Westminster comes the abovesaid John Bovett in his proper person. And the sheriff did not send the writ thereof. Therefore as formerly it is ordered to the sheriffs that by prudent etc., they should make known to the aforementioned Margaret that she be before the lady queen on the Octaves of Michaelmas wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John etc.
At which day before the lady queen at Westminster comes the abovesaid John Bovett in his proper person. And the sheriffs return as before that the abovesaid Margaret has nothing in their bailiwick whereby it can be made known to the aforementioned Margaret nor is she found in the same, whereby as many times it is ordered to the sheriffs that by prudent etc., they make known to the aforementioned Margaret that she be before the lady queen on the Octaves of St. Hilary wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John Bovett etc.
At which day [1572] before the lady queen at Westminster comes the abovesaid John Bovett in his proper person. And the sheriffs as before return that the abovesaid Margaret has nothing in their bailiwick whereby it can be made known to her nor is she found in the same, whereby as many times it is ordered to the sheriffs that by prudent etc., they make known to the aforementioned Margaret that she 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 John etc.
At which day before the lady queen at Westminster comes [IMG 1471] the abovesaid John Bovett in his proper person. And the sheriffs as before return that the abovesaid Margaret has nothing in their bailiwick whereby it can be made known to her nor is she found in the same. Therefore as many times it is ordered to the sheriffs that by prudent etc., they make known to the aforementioned Margaret that she be before the lady queen on the morrow of Holy Trinity wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John etc.
At which day before the lady queen at Westminster comes the abovesaid John Bovett in his proper person. And the sheriffs as before return that the abovesaid Margaret has nothing in their bailiwick whereby etc., nor is she found in the same. Therefore as many times it is ordered to the sheriff that by prudent etc., they make known to the aforementioned Margaret that she be before the lady queen at Michaelmas month wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John Bovett etc.
At which day before the lady queen at Westminster comes the abovesaid John Bovett in his proper person. And the sheriffs return that he [sic] by virtue of the abovesaid writ made known to the aforementioned Margaret to be before the lady queen at the day and place specified in the abovesaid writ by [blank] prudent etc., as it was ordered to him [sic] by that writ. Which certain Margaret according to the warning made to her comes by John Winde her attorney.
Thereon the abovesaid John Bovett says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred by alleging the abovesaid errors alleged by him in the abovesaid form. And he seeks that the abovesaid judgment on account of the abovesaid errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that the abovesaid Margaret rejoin to the abovesaid errors etc.
And the abovesaid John Bovett [sic: should be Margaret] says that neither in the record and process abovesaid nor in the rendering of the abovesaid judgment was it erred in anything. And she seeks similarly that the court of the said lady queen here proceed to the examination both of the record and process abovesaid and of the abovesaid matters assigned above for errors.
And because the court of the now lady queen here is not yet advised to render judgment of and on the premisses, day is given further thereof to the abovesaid parties before the lady queen until the Octaves of St. Hilary wherever etc., to hear their judgment of and on the premisses etc., because the court of the said now lady queen here thereof not yet etc.
At which day [1573] before the lady queen at Westminster come the parties abovesaid by their abovesaid attorneys. And because the court of the now lady queen here is not yet advised to render its judgment of and on the premisses, day further is given thereof to the abovesaid parties before the lady queen until the quindene of Easter wherever etc., to hear their judgment of and on the premisses etc., because the court of the lady queen here thereof not yet etc.
At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the now lady queen here is not yet advised to render its judgment of and on the premisses, day further is given thereof to the abovesaid parties before the lady queen until the morrow of Holy Trinity then next following wherever etc., to hear their judgment of and on the premisses etc., because the court of the said now lady queen here thereof not yet etc.
At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys, and because the court of the said now lady queen here is not yet advised to render its judgment of and on the premisses, day further is given to the abovesaid parties before the lady queen until the Octaves of Michaelmas then next following wherever etc., to hear their judgment of and on the premisses, because the court of the said now lady queen here thereof not yet etc.
At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the said now lady queen is not yet advised to render its judgment of and on the premisses, day is given further to the abovesaid parties before the lady queen until the Octaves of St. Hilary then next following wherever etc., to hear their judgment of and on the premisses etc., because the court of the said lady queen now here thereof not yet etc.
At which day [1574] before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the said now lady queen is not yet advised to render its judgment of and on the premisses, day further thereof is given to the abovesaid parties before the lady queen until the quindene of Easter then next following wherever etc., to hear their judgment of and on the premisses, because the court of the said lady queen here thereof not yet etc.
At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the said now lady queen here is not yet advised to render its judgment of and on the premisses day further thereof is given to the abovesaid parties before the lady queen on the morrow of Holy Trinity then next following wherever etc., to hear their judgment of and on the premisses, because the court of the said lady queen here thereof not yet etc.
At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the said now lady queen here is not yet advised to render its judgment of and on the premisses, day further is given to the abovesaid parties before the lady queen until the morrow of All Saints then next following [1574] wherever etc., to hear their judgment of and on the premisses, because the court of the lady queen here thereof not yet etc.
Thereon all and singular the premisses having been seen by the court of the lady queen here and more fully understood and mature deliberation having been had thereof, because it seems to the court of the said lady queen here that the abovesaid record is vicious and defective, it is considered that the abovesaid judgment on account of the abovesaid errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that the abovesaid John Bovett be restored to everything he lost on account of the abovesaid judgment.
[Margination:]
Let the judgment be revoked.