Cambridge attorney: John Chapman

Error on a case in the court of Cambridge, Cambridgeshire (Hilary term, 1541)

This apparent case of error on a case of debt in the court of Cambridge elicited a record from Cambridge that purported to have received a habeas corpus writ, and they sent forward the record of case that had ordered the error defendant’s imprisonment as the reason for his imprisonment. No process is recorded further and in particular no errors are assigned.

[Margination: in forma pauperis]

The lord king sent to the mayor and bailiffs of his town of Cambridge 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 supreme head of the English church to the mayor and bailiffs of his town of Cambridge, 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 town abovesaid without our writ according to the custom of the same town between George Awder gentleman and Gerard Enne of Girton in the county of Cambridge husbandman concerning a debt of 10 marks that the same George exacts from the aforementioned Gerard as it is said manifest error intervened to the grave damage of the same Gerard as from his complaint we have received, we, wanting the error if there was any to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you that, if judgment has been rendered thereof, then send the record and process of the abovesaid plea with everything touching them to us under your seals distinctly and openly, and this writ, so that we have them before us on the morrow of the Purification of the Blessed Mary wherever etc., we shall then be in England so that, the record and process abovesaid having been inspected, we may make to be done further 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 January 26 in the 32^nd year of our reign [January 26, 1541].

The record and process of which mention was made in the abovesaid writ follow in these words:

The town of Cambridge. The court of the lord king of the town of Cambridge held at le Tollebothe there before Christofer Franke mayor of the town of Cambridge abovesaid, John Norman, William Pratt, Richard Goldysborowe, and John Glasse the lord king’s bailiffs of the abovesaid town according to the custom of the same town used from time whereof memory does not run and the liberties granted to the same mayor, bailiffs, and burgesses of that town by divers late kings of England and confirmed by the now king, on Tuesday July 6 in the 32^nd year of the reign of King Henry VIII [July 6, 1540].

At this court comes George Awder gentleman by John Chapman his attorney and complains against Gerard Enne of Girton in the county of Cambridge husbandman in a plea of debt of 10 marks sterling which etc., and he found pledges to prosecute that complaint, viz., Edward Loste and Richard Bowman, and he sought thereof process etc. Therefore according to the custom of the town and the liberties abovesaid it is ordered to William Graye one of the serjeants at mace of the said lord king in the town and minister of this court that he take the aforementioned Gerard Enne if etc., and deliver him safely to the bailiff of the Market safely and securely to be guarded so that the same bailiff have his body before the aforementioned mayor and bailiffs at the said lord king’s court of the abovesaid town to be held on Tuesday July 13 [July 13, 1540] then next following in le Tollebothe abovesaid to answer the aforementioned George Awder in the abovesaid plea etc. And the same day is given to the same George here etc.

At which day before the aforementioned mayor and bailiffs here in le Tollebothe abovesaid the abovesaid William Gray serjeant etc., attests that he took the said Gerard Enne and delivered him to the bailiff of the Market as his warrant exacts on him etc. And the abovesaid bailiff of the Market brings to the bar the said Gerard Enne here in court now ready etc. And the abovesaid George present in court by the aforementioned John Chapman his attorney complains against the abovesaid Gerard Enne concerning the abovesaid plea and says that on January 29 in the 29^th year of the reign of Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church [January 29, 1538] the said Gerard Enne here etc., by his certain obligatory writing granted [IMG 0101] himself to be bound and obligated firmly to the aforementioned George in the abovesaid 10 marks sterling now placed in demand to be paid to the same George or his certain attorney or his executors on the feast of All Saints then next following etc. At which feast not only etc., and although often etc., to the damage of the said plaintiff of 5s, and thereof he produces suit and proffers here in court the abovesaid writing that attests the abovesaid debt in the abovesaid form etc.

And thereon comes the abovesaid Gerard Enne in his proper person and says that he cannot deny but that the abovesaid writing is his deed etc. Therefore it is adjudicated by the court that the said plaintiff recover the said 10 marks now in demand together with damages and expenses by occasion of the detention of the abovesaid debt, viz., for damages 1d and for costs of court 2s5d, which certain sums amount in all to 10 marks 2s6d taxed thus by the court, and the defendant is committed to the same bailiff of the Market to be guarded safely and securely etc.

And afterwards comes a certain Robert Enne and proffers a certain writ of the said lord king of corpus cum causa etc., the tenor of which certain writ follows 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 supreme head of the English church to the bailiffs of his town of Cambridge, greetings. We order you that you have the body of Gerard Enne detained in our prison under your custody as it is said together with the cause of his detention by whatsoever name he is known in the same before us on the morrow of the Purification of the Blessed Mary wherever he shall be in England to be subjected to and to receive those things that our court should happen to ordain concerning this then, and have there this writ. Tested E. Mountagu at Westminster January 24 in the 32^nd year of our reign.

And this is the cause of the taking and detention of the abovesaid Gerard Enne in the abovesaid prison. Which certain corpus una cum causa detentionis sue and all things touching it we, Richard Brasheye and William Gryggyn now bailiffs of the town of Cambridge abovesaid have here ready before the said lord king at the abovesaid day as by the abovesaid writ it is ordered to us within etc.