Cambridge attorneys: John Serle, William Pett

     King's Bench error plaintiff's attorney: Michael Lowe

The lady queen sends to the mayor and bailiffs of her town of Cambridge her 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 and bailiffs of his town of Cambridge, 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 abovesaid town without our writ according to the custom of the same town between Milo Prance one of the aldermen of town of Cambridge and Owen Wilson concerning a certain trespass on the case inflicted on the same Milo by the aforementioned Owen as it is said manifest error intervened to the grave damage of the same Owen as from his complaint we have received, we, wanting the error if any there was 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, you should send distinctly and openly the record and process of the abovesaid plea with all things touching them to us under your seals, and this writ, so that we have them at one month from the day of St. Michael wherever then we shall be in England so that, the abovesaid record and process having been inspected, we may do further thereof to correct 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 July 14 in the 13^th year of our reign [July 14, 1571]. Tournor.

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

The town of Cambridge. The court of the lady queen of her town of Cambridge abovesaid held at le tolboothe there before William Foxton mayor of the town of Cambridge abovesaid, John Baker, Gilbert Blande, Andrew Smythe, and William Awgar bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used and proved from time whereof memory does not run and the privileges granted to the burgesses of that town by divers late kings of England, on Tuesday March 20 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc.

At this court comes Milo Prance an alderman of the town of Cambridge abovesaid and complains against Owen Wilson burgess concerning a plea of trespass on the case and he found pledges to prosecute that complaint, viz., John Do and Richard Ro, and he seeks thereof process. Therefore according to the custom of the town of Cambridge abovesaid and the liberties and privileges abovesaid it is ordered to William Sacker a serjeant at mace of the said lady queen in the same town and minister of the abovesaid court that he take the aforementioned Owen Wilson such that he have his body before the aforementioned mayor and bailiffs of the town abovesaid at the next said lady queen’s court to be held before them on Tuesday April 3 next to come here in le tolboothe of the abovesaid town to answer the aforementioned Milo Prance in the abovesaid plea.

The town of Cambridge. The court of the lady queen of her town of Cambridge held at le tolboothe there before William Foxton mayor of the town of Cambridge abovesaid, John Baker, Gilbert Bland, Andrew Smythe, and William Awgar bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used from the time whereof memory does not run and the liberties and privileges granted to the burgesses of that town by divers late kings of the England on Tuesday April 3 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [April 13, 1571] [IMG 0250]

At that court comes the abovesaid William Sacker and attests that he took the body of the aforementioned Owen Wilson as it was ordered to him and at the same court also came the aforementioned Milo Prance by John Serle his attorney and offered himself against the aforementioned Owen Wylson in the abovesaid plea and the same Owen Wilson, exacted, similarly appears by William Pett his attorney, and wherefore the same Milo Prance by his abovesaid attorney complains concerning the aforementioned Owen Wilson for this, viz., that, whereas on July 29 in the 11^th year of the reign of the Lady Elizabeth now queen of England [July 29, 1569] at the town of Cambridge in the county of Cambridge in Market ward of the same town in a certain place called le touleboothe there on the abovesaid July 29 being a common day beforehand legitimately summoned and then and there held by the mayor, bailiffs, and burgesses of the same town by the assent of the abovesaid mayor, bailiffs, and all the burgesses of the said town it was ordained and established that the bailiff of Bridge ward of the town of Cambridge abovesaid for the time being and thenceforward annually to be elected bailiff of Bridge ward of the abovesaid town would give annually to the mayor for the time being the sum of £6 of the lawful money of England into the custody of the hospital while he was mayor, and whereas on the said July 29 in the abovesaid year the said defendant was a burgess of the abovesaid town and before, viz., from the time of his admission to the liberty of the abovesaid town offered his corporal oath that he the same defendant wanted to observe and guard all the good customs and ordinances of the said town of Cambridge, and whereas after, viz., [blank] day [blank] year of the reign of the said lady queen now [blank] both the said plaintiff was legitimately chosen mayor of the town abovesaid for the said year then next to come and the said defendant was legitimately chosen bailiff of Bridge ward abovesaid for the said year then next to come, and which certain office of mayor of the abovesaid town the said plaintiff afterwards for one whole year, viz., from the feast of St. Michael the Archangel then next following had and exercised and the said defendant for his part similarly had and exercised the said office of bailiff of Bridge ward for the whole year above specified, whereby according to the force, form, and effect of the abovesaid ordinance the said defendant chosen and then being bailiff of Bridge ward ought to have paid the said sum of £6 of the lawful money of England to the same plaintiff being mayor of the abovesaid town for the last year abovesaid into the custody of the hospital during the time of his being mayor abovesaid at the request of the same plaintiff and in performance of the abovesaid ordinance and fulfilment of his abovesaid oath offered by the same defendant in the abovesaid form, and whereas the abovesaid defendant on August 24 in the abovesaid 12^th year of the reign of the said lady queen [August 24, 1570] at the town of Cambridge abovesaid in the abovesaid county in Market ward of the same town here within the jurisdiction of this court both for and in the consideration abovesaid and also for and in consideration of 12d of the lawful money of England then and there in advance paid to the same defendant by the said plaintiff, undertook on himself and faithfully promised to the aforementioned plaintiff that he the same defendant wanted to pay and content well and faithfully to the same plaintiff £6 of the lawful money of England before the feast of St. Michael the Archangel then next following, nevertheless the abovesaid defendant not at all pondering his promise and undertaking abovesaid but fraudulently and deceitfully scheming and intending to deceive and defraud the same plaintiff of the said £6 or some money thereof, [IMG 1415] although often asked after the feast abovesaid, the plaintiff has not yet paid according to his faithful undertaking and promise whereby the said plaintiff not only totally lost divers gains and profits that he could have had and gained with the same £6 licitly by buying, selling and licitly bargaining if the abovesaid defendant had performed his undertaking and promise abovesaid but also the same plaintiff in many ways wounded and worse off in his credibility toward divers subjects of the said now lady queen and particularly toward William Hunt and Thomas Cox to whom the same plaintiff was indebted in another £6 and on the faith of the performance of the promise and undertaking abovesaid promised to pay £6 at a certain day now past, to the damage of the same plaintiff of £12, and thereof he produced suit.

At which court comes the aforementioned Owen Wilson by his attorney abovesaid and defends force and injury as and when etc., and he seeks license thereof to emparl until the court of the said lady queen to be held before the aforementioned mayor and bailiffs here in le tolbothe of the abovesaid town on Tuesday April 24 next to come and it is granted to him etc., and the same day is given to the aforementioned Milo Prance here etc.

The town of Cambridge. The court of the lady queen of her town of Cambridge held at le tolboothe there before William Foxton mayor of the town of Cambridge abovesaid, John Baker, Gilbert Bland, Andrew Smythe, and William Awgar bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used from time whereof memory does not run and the liberties and privileges granted to the burgesses of that town by divers late kings of England, on Tuesday April 24 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [April 24, 1571]

At his court comes the aforementioned Milo Prance by their abovesaid attorney and presented himself against the aforementioned Owen Wilson in the abovesaid plea and the same Owen Wilson, exacted, comes by William Pett his abovesaid attorney and defends force and injury as and when etc., and he says that the abovesaid plaintiff ought not have his abovesaid action against him, because he says that he did not undertake to pay the aforementioned plaintiff the abovesaid £6 of the lawful money of England in manner and form as the abovesaid plaintiff in his narration abovesaid against him narrated. And of this he puts himself on the countryside. And the abovesaid Milo Prance similarly. Therefore it is ordered to the said William Sacker serjeant at mace of the lady queen in the same town and minister of the court abovesaid that he should make to come before the aforementioned mayor and bailiffs of the abovesaid town at the next court of the same lady queen of the abovesaid town to be held here in le tolboothe of the abovesaid town on Tuesday May 8 next to come [May 8, 1571] 12 etc., and who neither etc., to recognize etc., because both etc., and the same day is given to the parties abovesaid here etc.

The town of Cambridge. The court of the lady queen of her town of Cambridge held at le tolboothe there before William Foxton mayor of the town of Cambridge abovesaid, John Bakere, Gilbert Bland, Andrew Smyth and William Awgar bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used from time whereof memory does not run and the liberties and privileges granted to the burgesses of that town by divers late kings of England on Tuesday May 8 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [May 8, 1571]

At this court comes the aforementioned Milo Prance by his abovesaid attorney and offered himself against the aforementioned Owen Wilson in the abovesaid plea, and the same Thomas Wilson, exacted, similarly appeared by his attorney abovesaid, and now here in the same court comes the aforementioned William Sacker serjeant at mace of the said lady queen in the same town and minister of the abovesaid court and returned the abovesaid precept directed to him executed in all things together with the panel of names of the 12 jurors empaneled between the parties abovesaid, but that jury remains untaken by default of the jurors, because none came. Therefore according to the custom of the town of Cambridge abovesaid it is ordered to the said William Sacker that he make to come before the aforementioned mayor and bailiffs at the next court of the said lady queen of the abovesaid town to be held here in le tolboothe of the abovesaid town on Tuesday May 29 next to come [May 29, 1571] and that 10 such be added to them according to the custom of the said town, and the same day etc.

At which certain court of the said lady queen held before the aforementioned mayor and bailiffs here in le tolboothe of the abovesaid town on the said Tuesday, viz., the said May 29 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [May 29, 1571] comes the aforementioned Milo Prance by his abovesaid attorney and offered himself against the aforementioned Owen Wilson in the abovesaid plea, and the abovesaid Owen Wilson, exacted, appears by his abovesaid attorney similarly, and the abovesaid William Sacker serjeant at mace and minister of the abovesaid court came and returned a certain panel of the names of 10 abovesaid jurors to be added to the 12 jurors according to the custom of the same town, empaneled between the parties abovesaid, but that jury remains untaken for default of the jurors because none came. Therefore according to the custom of the town of Cambridge abovesaid, it is ordered to the said William Sacker that he make to come before the aforementioned mayor and bailiffs at the next court of the said lady queen of the abovesaid town to be held in le tolboothe of the abovesaid town on Tuesday June 12 next to come both the abovesaid 12 jurors and the abovesaid 10 jurors and that 8 such be added to them according to the custom of the said town, and the same day etc.

At which certain court of the said lady queen before the aforementioned mayor and bailiffs here in le tolboothe of the abovesaid town held on the said Tuesday, viz., the said June 12 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [June 12, 1571] comes the aforementioned Milo Prance by his abovesaid attorney and offered himself against the aforementioned Owen Wilson in the abovesaid plea, and the abovesaid Owen [IMG 0251] Wilson, exacted, appeared similarly by his abovesaid attorney and now here in the same court came the said William Sacker serjeant at mace of the said lady queen in the same town and minister of the abovesaid court and returned a certain panel of the names of 8 jurors to be added to the abovesaid 12 and 10 jurors according to the custom of the said town empaneled between the abovesaid parties, of which certain 12, 10, and 8, 12, viz., John Pechie, Thomas Johnson, Ralf Cowper, Nicholas Awkeland, Jervise Brigham, William Chapman, Oliver Greene, David Trevit, Roger Jackson, Christofer Walker, Thomas Baselye, and John Reynold, chosen, tried, and sworn to tell the truth in the premisses, say on their oath that the abovesaid defendant undertook to pay the aforementioned plaintiff the abovesaid £6 in manner and form as the abovesaid plaintiff in his abovesaid narration above against him narrated, and they assess the damages of the same Milo Prance at £6 4d and for the costs of court 12d; nevertheless the court wants to be advised of the judgment until the next court of the said lady queen to be held here in le tolboothe of the abovesaid town before the aforementioned mayor and bailiffs on Tuesday July 10 next to come etc.,[July 10, 1571] and the same day etc.

The town of Cambridge. The court of the lady queen of her town of Cambridge held at le tolboothe here before William Foxton mayor of the town of Cambridge abovesaid, John Baker, Gilbert Bland, Andrew Smythe, and William Awgar bailiffs of the said lady queen of the abovesaid town according to the custom of the same town used from time whereof memory does not run and the liberties and privileges granted to the burgesses of that town by divers late kings of England, on Tuesday July 10 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [July 10, 1571]

At this court it was considered and adjudicated by the court that the said plaintiff recover against the said defendant both the said £6 4d of damages and 12d for the costs of court assessed by the court and 12s 8d more by way of increment by the court, which in all amounts to £6 13s11d, and that the said defendant or his pledges be taken to satisfy.

And afterwards, viz., July 20 in the 13^th year of the reign of the said Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [July 20, 1571] comes the abovesaid Owen and proffered and delivered to us the aforementioned mayor and bailiffs the said lady queen’s writ of error annexed to the presents, by virtue of which the record and process of the plea abovesaid with all things touching it we send distinctly and openly to the said lady queen in her chancery on one month after Easter under the seal of the office of the mayor of the said town according to the custom of the same town as it is ordered to us by the abovesaid writ.

Afterwards, scilt., on Saturday next after a month after St. Michael this same term before the lady queen at Westminster comes the abovesaid Owen Wilson by Michael Lowe his attorney and 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, whereas by the record abovesaid it appears that the abovesaid Milo at the abovesaid first court of the town of Cambridge abovesaid affirmed his complaint abovesaid against the same Owen, nevertheless by the same record it does not appear that the abovesaid Milo either “in his proper person” or “by any his attorney” affirmed his complaint, and thus it was manifestly erred.

Moreover, in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred for this, viz., that after the abovesaid precept of venire facias in the abovesaid form was served and executed another precept of venire facias was adjudicated when a precept of habeas corpora should have been adjudicated, and thus manifestly it was erred as above appears of [IMG 0252] record.

And further in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred in this, viz., the precept of venire facias was adjudicated against the jurors of the abovesaid jury, viz., both the jurors of the principal panel abovesaid and the jurors on the said precept of decem talibus etc., returned, where the precept of distringas juratores should have been adjudicated against them, as above appears of record etc.

And the same Owen seeks a writ of the lady queen to warn the abovesaid Milo 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 sheriff of Cambridgeshire that by prudent etc., he should make it to be known to the aforementioned Milo that he 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 Owen etc.

At which day before the lady queen at Westminster comes the abovesaid Owen by his attorney abovesaid, and the sheriff did not send the writ thereof. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned Milo that he before the lady queen at 15 days after Easter wherever etc., to hear the record and process abovesaid if etc., and further etc.; the same day is given to the same Owen etc.

At which day before the lady queen at Westminster comes the abovesaid Owen by his attorney abovesaid, and the sheriff did not send the writ thereof. Therefore as many times it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned Milo that he 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 same Owen etc.

At which day before the lady queen at Westminster comes the abovesaid Owen by his abovesaid attorney, and the sheriff did not send the writ thereof. Therefore as many times it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned Milo that he be before the lady queen on the Octaves of St. Michael wherever etc., to hear the record and process abovesaid if etc., and further etc.; the same day is given to the same Owen etc.