John Jones v. Elizabeth Sherman widow administrator of Walter Sherman
   (for another case of error in the Bristol court against Elizabeth Sherman, see

     Bristol attorney: John Younge
    (for another Bristol error case with Bristol attorneys John Younge and George Baldwin, see)

The lord king sent to the mayor and aldermen of the city of Bristol and mayor and constable of the Staple of Bristol as well as the sheriffs of the same and the bailiffs of the mayor and community of his same Tolsey court and the bailiffs of the mayor and community of his pie powder court and each of them 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 and aldermen of the city of Bristol and to the mayor and constable of the Staple of Bristol as well as to the sheriffs of the same and to the bailiffs of the mayor and community of his same Tolsey court and to the bailiffs of the mayor and community 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 in our court of the abovesaid city without our writ according to the custom of the same city between John Jones and Elizabeth Sherman widow administrator of the goods and chattels that were Walter Sherman’s who died intestate as it is said of this that the same administratrix render to the aforementioned John £40 as it is said manifest error intervened to the grave damage of the same administratrix as we have received from her 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 Easter month wherever then we shall 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 March 27 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [March 27, 1607].Pennyman

The execution of this writ appears in a certain schedule annexed to this writ:

The response of John Barker mayor of the city of Bristol and alderman of the same city and of Thomas Packer and John Doughtye sheriffs.

City of Bristol. Pleas in the lord king’s Tolsey court of the abovesaid city held in the guildhall of the same city according to the law merchant and according to the use and custom of the abovesaid city used and approved in the same city from time whereof the memory of men runs not to the contrary before Thomas Packer and John Doughtye both sheriffs of the abovesaid city and bailiffs of the mayor and community of the same city on Friday February 27 in the 4^th year of the reign of the said our Lord James by the grace of God king of England, France, and Ireland, defender of the faith and the 40^th of Scotland [February 27, 1607], Thomas Younge armiger then and there seneschal.

And now, scilt., at this court comes John Jones in his proper person before the aforementioned both sheriffs and bailiffs of the abovesaid city in the guildhall of the same city, and in the said court according to the custom abovesaid he affirmed a certain complaint of debt on a demand of £40 against Elizabeth Sherman widow administratrix of all and singular the goods and chattels, rights, and credits that were of Walter Sherman late her husband who died intestate that she unjustly detains etc. And then and there in the same court he finds pledges to prosecute his complaint abovesaid against the abovesaid Elizabeth Sherman, scilt., John Doe and Richard Roe. And then and there in the same court he sought process to be made for him according to the custom of the abovesaid city. Thereon at the petition of the abovesaid John Jones made according to the custom of the abovesaid city it was ordered then and there by the aforementioned then both sheriffs of the abovesaid city and bailiffs of the mayor and community of the same city to a certain John Eaton then serjeant at mace of the then both sheriffs and bailiffs abovesaid and minister of the abovesaid court that he summon by good summoners the abovesaid Elizabeth Sherman according to the custom of the abovesaid city to be at the next said lord king’s Tolsey court abovesaid to be held in the guildhall of the same city, scilt., on Monday March 2 then next following before the aforementioned then both sheriffs and bailiffs to be held to answer the aforementioned John Jones in the plea or complaint abovesaid. And the same day is given to the aforementioned John Jones there etc.

At which certain next court, scilt., Monday, March 2 [March 2, 1607] there, scilt., at the city of Bristol abovesaid in the abovesaid guildhall before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city came the abovesaid John Jones in his proper person and offered himself against the aforementioned Elizabeth in the abovesaid plea. And abovesaid then serjeant at mace and minister of the abovesaid court then returned his abovesaid precept directed to him in the form following, viz., that the abovesaid Elizabeth Sherman had nothing within the jurisdiction of the court or liberty of the abovesaid city whereby she could be summoned or was she found in the same. And the abovesaid Elizabeth Sherman then and there was solemnly exacted and did not appear but made a default. Thereon in the same court according to the custom of the abovesaid city it was alleged to him in the same court then and there by the abovesaid John Jones that the abovesaid Elizabeth Sherman within the liberty of the city abovesaid had divers goods and chattels then, viz., 4 sails, in English, fowre sayles, of a certain ship there called “The Angell.” Thereon at the petition of the abovesaid John Jones then and there it was ordered by the abovesaid then both sheriffs and bailiffs in the same court according to the custom of the abovesaid city to the aforementioned serjeant at mace and minister of the abovesaid court that he attach the abovesaid Elizabeth Sherman named in the abovesaid complaint or plea by the abovesaid goods and chattels as the proper goods and chattels of the abovesaid Elizabeth Sherman to be at the next said lord king’s Tolsey court abovesaid to be held in the guildhall of the abovesaid city, scilt., on Wednesday March 4 then next following to answer the aforementioned John Jones in the abovesaid plea or complaint, and what the same then serjeant at mace and minister of the abovesaid court should have done thereof then in the same next court before the aforementioned then both sheriffs and bailiffs of the abovesaid city he should certify. The same day then and there is given to the aforementioned John Jones there etc.

At which certain next court held there, scilt., at the city of Bristol abovesaid in the abovesaid guildhall before the aforementioned then both sheriffs and bailiffs of the abovesaid city according to the custom of the abovesaid city on Wednesday March 4 abovesaid [March 4, 1607] came John Jones abovesaid in his proper person and offered himself against the aforementioned Elizabeth Sherman in the abovesaid plea or complaint. And the abovesaid then serjeant at mace and minister of the abovesaid court then and there returned his abovesaid precept directed in the abovesaid form executed in the form following, viz., that by pretext of the same precept directed to him in the abovesaid form he attached the abovesaid Elizabeth Sherman named in the abovesaid complaint by the abovesaid goods and chattels specified according to the custom of the abovesaid city as by his abovesaid precept it was ordered to him. And the abovesaid Elizabeth then and there in the same court according to the custom of the city and court abovesaid was exacted and did not come, but made a default.

Thereon then and there in the same court according to the custom of the city and court abovesaid the abovesaid John Jones put in his place John Younge his attorney against the aforementioned Elizabeth Sherman named in the abovesaid plea or complaint.

And in that court according to the custom of the abovesaid city then and there by the abovesaid attorney by narrating says in the form following, viz., that the abovesaid intestate in his life, scilt., on April 15 in the 4^th year of the reign of our Lord James now king of England etc., at the city of Bristol in the ward of All Saints there within the jurisdiction of the abovesaid court by his obligatory writing sealed with the seal of the same intestate and proffered in court the date of which is the day and year abovesaid granted that he was bound to the aforementioned plaintiff in the abovesaid £40 of the lawful money of England to be paid to the same plaintiff when he should be required thereof [IMG 1384], and afterwards the abovesaid intestate at the city of Bristol abovesaid in the ward of All Saints the abovesaid intestate died, after whose certain death the administration of all and singular goods, rights, credits and chattels that were of the abovesaid intestate at the time of his death by the reverend lord father in Christ the Lord Richard by divine providence the archbishop of Canterbury and the primate and metropolitan of all England was committed to the abovesaid Elizabeth, and divers goods and chattels that were the abovesaid intestate’s at the time of his death sufficient to pay the abovesaid debts and all the other debts of the abovesaid intestate came into the hands and possession of the abovesaid defendant and remain in her hands to be administered, nevertheless the abovesaid intestate in his life or the abovesaid defendant to whom the abovesaid administration was committed after the death of the abovesaid intestate has not yet paid the abovesaid £40 to the aforementioned plaintiff although often asked, but the abovesaid intestate in his life wholly refused to pay them to him and the abovesaid defendant after the death of the abovesaid intestate still refuses to this time to pay them to the same plaintiff and unjustly detains, wherefore the same plaintiff says that he is worse off and has damages to the value of £10, and thereof he produces suit etc. And afterwards thereon according to the custom of the city and court abovesaid the process of the abovesaid plea continued.

And the abovesaid John Jones in the abovesaid court held before the aforementioned then both sheriffs and bailiffs within the abovesaid city in the abovesaid guildhall on Friday March 6 [March 6, 1607] by his attorney abovesaid offered himself in the abovesaid plea or complaint then against the abovesaid Elizabeth Sherman in the abovesaid plea. And the abovesaid Elizabeth Sherman at the same court according to the custom of the abovesaid city solemnly was exacted but did not appear but thereon then and there made her first default. Thereon day then and there was given by the same court to the aforementioned John Jones in the abovesaid plea or complaint according to the custom of the abovesaid city to be at the next said lord king’s Tolsey court to be held in the guildhall of the abovesaid city on Monday March 9 abovesaid in the abovesaid year [March 9, 1607] then next following before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city. And the same day then and there is given to the aforementioned Elizabeth Sherman to be at the same court to answer the aforementioned John Jones in the abovesaid plea or complaint.

At which certain next court held at the city of Bristol abovesaid in the abovesaid guildhall before the aforementioned both sheriffs and bailiffs according to the custom of the abovesaid city on the said Monday March 9 [March 9, 1607] the same John Jones by his abovesaid attorney then and there appeared in the abovesaid plea or complaint and he offered himself against the abovesaid Elizabeth in the abovesaid plea. And the abovesaid Elizabeth Sherman then and there solemnly exacted according to the custom of the abovesaid city did not appear, but then and there made her second default. Thereon day then and there was given by the same court to the aforementioned John Jones in the abovesaid plea or complaint according to the custom of the abovesaid city to be at the next said lord king’s Tolsey court to be held in the abovesaid guildhall on Wednesday March 11 then next following before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city. And the same day then and there is given to the aforementioned Elizabeth Sherman to be at the same court according to the custom abovesaid to answer the aforementioned John Jones in the abovesaid plea or complaint.

At which certain court held within the city of Bristol abovesaid in the abovesaid guildhall before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city on Wednesday March 11 [March 11, 1607] the abovesaid John Jones by his abovesaid attorney appeared in the abovesaid plea or complaint and offered himself against the abovesaid Elizabeth in the abovesaid plea. And the abovesaid Elizabeth Sherman at the same court according to the custom of the abovesaid city then solemnly exacted did not appear but then and there made her third default. Thereon day was given then and there by the same court to the aforementioned John Jones in the abovesaid plea or complaint according to the custom of the abovesaid city to be at the next said lord king’s Tolsey court to be held in the abovesaid guildhall on Friday March 13 then next following before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city. [IMG 1385] And the same day then and there was given to the aforementioned Elizabeth Sherman to be at the same court according to the custom of the abovesaid city to answer the aforementioned John Jones in the abovesaid plea or complaint.

At which certain next court held within the city of Bristol abovesaid in the guildhall abovesaid before the aforementioned then both sheriffs and bailiffs according to the custom of the abovesaid city on the said Friday March 13 [March 13, 1607] the abovesaid John Jones by his abovesaid attorney appeared in the abovesaid plea or complaint then and there, and he offered himself against the abovesaid Elizabeth in the abovesaid plea. And the abovesaid Elizabeth Sherman at the same court according to the custom of the abovesaid city then solemnly exacted did not appear but then and there made her fourth default and did not permit herself to be justiced by or on the foreign attachment abovesaid according to the custom of the abovesaid city. And the abovesaid John Jones then and there according to the custom of the abovesaid city and court swore and proved that the abovesaid goods specified before that were attached and defended are the goods of the abovesaid Elizabeth Sherman in the abovesaid form and that the abovesaid debt of £40 specified in the abovesaid complaint was and is at this time a true and just debt. Thereon at the same court according to the custom of the abovesaid city and court the abovesaid John Jones by his abovesaid attorney sought judgment and execution according to the custom of the city and court abovesaid from the abovesaid goods thus as set out before attached and defended by and on sufficient mainprise or pledge according to the custom of the abovesaid city to be found by the abovesaid John to answer the aforementioned Elizabeth Sherman if she according to the custom of the city and court within a year and a day then next following come and deraign herself against the same John Jones concerning the abovesaid £40. And the abovesaid John Jones then and there in the abovesaid court according to the custom of the abovesaid city swore and legitimately proved his abovesaid debt of £40 specified in the abovesaid complaint to be a true and just debt. Thereon at the same court it was considered then and there according to the custom of the abovesaid city that the abovesaid John Jones recover his abovesaid debt and have execution from her abovesaid goods and chattels attached as set out before, scilt., from the four sails, in English, of fower sayles, of the said ship called “The Angell” by the mainprise of William Fleete and John Collyns citizens and merchants of the abovesaid city to answer thereof to the aforementioned Elizabeth Sherman if the same abovesaid Elizabeth Sherman according to the custom of the city and court abovesaid within a year and a day come and deraign herself against the abovesaid John Jones concerning the abovesaid £40 according to the custom of the abovesaid city, and the abovesaid Elizabeth in mercy 2d.

Afterwards, scilt., on Monday next after the Octaves of St. Martin this same term before the lord king at Westminster comes the abovesaid Elizabeth by Nicholas Weare her attorney. And he says 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 it appears by the abovesaid record that the abovesaid four sails attached by the aforementioned serjeant at mace in the abovesaid form at the abovesaid time of the attachment of the same made thereof were the proper goods and chattels of the abovesaid Elizabeth and not the goods and chattels of the abovesaid intestate in the hands of the abovesaid Elizabeth to be administered, and for that cause those sails by the law of the land could not be and ought not have been attached for the debt of the abovesaid intestate but only for a proper debt of the abovesaid Elizabeth, and therefore in this it was erred.

Likewise in this similarly it was erred that it does not appear by the abovesaid record that the abovesaid four sails were appreciated by prudent and lawful men of the abovesaid city of Bristol as according to the custom of the same city they ought to have been appreciated, so that it does not appear by that record of what value the abovesaid sails were at the time of the attachment made thereof nor at the time of the judgment thereof rendered.

And the same Elizabeth seeks the lord king’s writ to warn the abovesaid John Jones to be before the lord king to hear the record and process abovesaid. And it is granted to her etc. Whereby it is ordered to the sheriffs of the city of Bristol that by prudent etc., they should make known to the aforementioned John that he be before the lord king 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 Elizabeth there etc.

At which day before the lord king [IMG 0478] at Westminster comes the abovesaid Elizabeth by his abovesaid attorney. And the sheriffs return that they by virtue of the said lord king’s writ directed to them thereof they made known by James Dyer and Anthony Walforde prudent etc., of their bailiwick the aforementioned John to be before the lord king at the day and place abovesaid as it was ordered to them by the abovesaid writ. Which certain John although thus warned, solemnly exacted on the fourth day of the plea, did not come but made a default. Thereon the abovesaid Elizabeth as before says that in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred by alleging the abovesaid errors alleged by her in the abovesaid form. And she seeks that the abovesaid judgment on account of those errors and others being in the abovesaid record and process be revoked, annulled, and wholly had for nothing, and that she be restored to everything she lost by occasion of the abovesaid judgment etc., and that the court of the said lord king here proceed to the examination both of the abovesaid record and process and of the matters abovesaid assigned for errors. And because the court of the lord king here is not yet advised to render its judgment of and on the premisses, day is given thereof to the aforementioned Elizabeth before the lord king until the quindene of Easter wherever etc., to hear her judgment thereof because the court of the lord king here thereof not yet etc.