Thomas ap Davides ap Robert chaplain v. Richard Bulkeley of Conwey
Caernarvon attorney: Robert ap Meredd ap Rees
Error on a case in the court of Great Session of Caernarvonshire (Hilary term, 1571)
AALT images for Robert v. BulkeleyThis action of error on a common recovery in the court of North Wales in the Caernarvon great session was brought 40 years after the recovery was enrolled.
The lady queen sent to her beloved and faithful George Bromley armiger her justice of her great session in the county of Caernarvon her writ close in these words:
Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to her beloved and faithful George Bromley armiger her justice of the her great session in the county of Caernarvon, greetings. Because in the record and process and also in the rendering of judgment of a plea that was in the court of the Lord Henry VIII late king of England our most illustrious father before John Salter armiger then justice of the abovesaid late king of his great session in the abovesaid county by writ of the same late king of entry sur disseisin in the post between Thomas ap Davides ap Robert chaplain and Richard Bulkeley of Conwey concerning one messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of more, turbery and marsh with appurtenances in Trecastell manifest error intervened to the grave damage of Hugh Davyes and Katherine his wife daughter and heir of Hugh ap Thomas ap Jevan ap Ryce whom the same Richard vouched to warrant to him the abovesaid messuage and other the premisses 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, we order you that if judgment has been rendered thereof then you should send distinctly and openly the record and process abovesaid together with everything touching them to us under your seal, and this writ, so that we have them on the Octaves of St. Michael 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 England should be done. Tested me myself at Westminster June 28 in the 12th year of our reign [June 28, 1570].
The record and process of which mention is made in the abovesaid writ follow in these words:
Pleas. At Caernarvon before John Salter armiger the lord king’s justice of North Wales taken at the session of the county of Caernarvon held there on Monday in the third week of Lent in 22nd year of the reign of King Henry VIII [March 13, 1531].
Caernarvon. Thomas ap Davides ap Robert Capell in his proper person by the lord king’s writ of [this] that he deforced him, as to prosecute that writ in the form and nature of a writ of the lord king of entry sur disseisin in the post at common law according to the form of the statute of Ruthlan published and provided in the same like case sought against Richard Bulkeley of Conwey 1 messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of more, turbery, and marsh with appurtenances in Trecastell as his right and inheritance and in which the same Richard has no entry if not after a disseisin that Henry Blunt thereof unjustly and without judgment did to the aforementioned Thomas after the first etc. And wherefore the same Thomas in his proper person says that he himself was seised of the abovesaid messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of turbery and marsh with appurtenances in his demesne as of fee and right in time of peace in time of the lord king now taking thereof esplees to the value etc., and that etc., and thereof he produces suit etc.
And the abovesaid Richard Bulkeley in his proper person comes and defends his right when etc. And he vouches thereof to warrant Hugh ap Thomas ap Jevan ap Res who comes here in court by Robert ap Meredd ap Rees his attorney. And he freely warranted to him the abovesaid messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of more, turbery, and marsh with appurtenances. And thereon the abovesaid Thomas ap Davides seeks against the same Hugh ap Thomas the abovesaid tenements with appurtenances in the abovesaid form. And wherefore he says that he himself was seised of the abovesaid messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, 40 acres of more, turbery, and marsh with appurtenances in his demesne as of fee and right in time of peace in the time of the now lord king by taking thereof esplees to the value etc., and in which etc. And thereof he produces suit etc. And the abovesaid Hugh ap Thomas tenant by his warranty by his abovesaid attorney comes and defends his right when etc. And he vouches to warranty further thereof John Nycoll [IMG 0009]. He is present here in court and freely warrants to him the abovesaid tenements with appurtenances. And thereon the abovesaid Thomas ap Davides seeks against the same John Nycoll the abovesaid tenements with appurtenances in the abovesaid form. And wherefore he says that he himself was seised of the abovesaid tenements with appurtenances in his demesne as of fee and right in time of peace in time of the now lord king by taking thereof esplees to the value etc., and in which etc. And thereof he produces suit etc.
And the abovesaid John Nycoll tenant by his warranty comes in his proper person and defends his right when etc. And he says that the abovesaid Henry Blunt did not disseise the abovesaid Thomas ap Davides of the abovesaid tenements with appurtenances in the form as the same Thomas ap Davides by his writ and narration abovesaid supposes. And of this he puts himself on the countryside etc.
And the abovesaid Thomas ap Davides seeks license thereof to emparl, and he has it etc. And afterwards the same Thomas app Davides comes back here in the court of the same session in his proper person. And the abovesaid John Nycoll although solemnly exacted did not return, but in contempt of the court withdrew and made a default.
Therefore it is considered that the abovesaid Thomas ap Davides recover his seisin against the abovesaid Richard Bulkeley of the abovesaid messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of more, turbery and marsh with appurtenances and that the same Richard have from the land of the abovesaid Hugh ap Thomas to the value etc., and that the same Hugh ap Thomas have further from the land of the abovesaid John Nycoll to the value etc.; and the same John in mercy.
The tenor of the original writ follows in these words:
Henry VIII by the grace of God king of England and France, defender of the faith, etc., and lord of Ireland to the sheriff of Caernarvon, greetings. Order Richard Bulkeley of Conwey [IMG 0010] that justly and without delay he render to Thomas ap Daviddes ap Robert chaplain 1 messuage, 100 acres of land, 40 acres of meadow, 200 acres of pasture, 80 acres of woods, and 40 acres of more, turbery, and marsh with appurtenances in Trecastell of which he deforces him as he says. And if he does not do so and the abovesaid Thomas makes you secure of prosecuting his claim, then summon by good summoners the abovesaid Richard that he be before our justice of North Wales at the next session of your county court wherever it will be held in North Wales to show why he does not do it. And have there the summoners and this writ. Tested me myself at Caernarvon February 20 in the 22nd year of our reign [February 20, 1531].
The return of the same writ follows in these words:
Pledge to prosecute: Gruff ap Robert.
The response of Richard Bulkeley armiger then sheriff of the county of Caenarvon to this writ:
Jevan Duy, David Vaz (?), summoners. Llole David Gor.
Afterwards, scilt., on Thursday next after the Octaves of St. Hilary this same term before the lady queen at Westminster comes the abovesaid Hugh Davyes and Katherine his wife by Francis Sandbache attorney. And they say that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred for this, viz.,
that in the narration of the abovesaid Thomas Daviddes ap Robert Capell it is enrolled thus, viz., “by taking thereof esplees to the value etc., and which etc.,” whereas it should be “and in which”; and for this that there it lacks this word “in” it was manifestly erred.
Likewise it was erred in this that in the same writ it is mentioned that “then summon by good summoners the abovesaid that he be before our justice of North Wales at the next session of the county court then wherever it will be held in North Wales”; it should be “before our justices of your county court at the next great session of the county court wherever in your county it shall happen to be held, as above similarly.
Moreover in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred for this that, whereas by the abovesaid record it appears that the abovesaid Hugh ap Thomas ap Jevan ap Res came into court by Robert ap Meredd ap Rees his attorney, nevertheless the same Robert had no warrant of record to appear for the same Hugh by the said lady queen’s [sic] writ or without writ.
And the said Hugh Davyes seeks the lady queen’s writ to be directed to the aforementioned justice to certify to the said lady queen the truth thereof. And it is granted to him etc. And thereon it is ordered to the sheriff that by prudent etc., he should make known at (?) the aforementioned lands and tenements that they be before the lady queen at the quindene of Easter wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Hugh and Katherine etc.