John Carter v. Daniel Ventris

     Camidgebr attorneys: William Harison, John Serle

     Error plaintiff's king's bench attorney: Thomas Ventris

The lord king sent to the mayor and bailiffs of his town of Cambridge 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 bailiffs of our town of Cambridge, greetings. Because in the record and process and also in the rendering of judgment of a plea that was in the court of our abovesaid town before the mayor and bailiffs of that town without our writ according to the custom of the same town between John Carter and Daniel Ventris concerning a plea of covenant broken as well as in the adjudication of the execution of the same judgment in the abovesaid plea as it is said manifest error intervened to the grave damage of the same Daniel 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 that if judgment thereof in the abovesaid plea has been rendered and the adjudication of the execution of the abovesaid judgment has been adjudicated as it is said then you should send distinctly and openly the abovesaid record and process both of the plea and of the adjudication of the execution abovesaid with everything touching them to us under your seals, and this writ, so that we have them on the Octaves of Michaelmas 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 July 8 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [July 8, 1607]. Drake

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

The Town of Cambridge. The lord king’s court of his town of Cambridge in the county of Cambridgeshire held in the guildhall within the same town according to the custom of that town used and approved in the same from time whereof the memory of men runs not to the contrary and according to the liberties and privileges granted to the burgesses of the same town by divers late kings of England etc., on October 14 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland, before William Archer then mayor of the said town of Cambridge, Luke Curtis, Edward Dodson, Henry Wulfe, and Marmaduke Frohook then bailiffs of the abovesaid town etc.

At this court comes John Carter in his proper person and then and there before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of that town used and approved in the same from time whereof the memory of men runs not to the contrary affirmed a certain complaint against Daniel Ventris, which certain complaint follows in these words:

The Town of Cambridge. John Carter complains against Daniel Ventris in a plea of covenant broken etc. And then and there he finds pledges to prosecute that complaint, scilt., John Doo and Richard Roo. And then and there the same John Carter seeks process for himself thereof according to the custom of the abovesaid town used and approved in the same from time whereof the memory of men runs not to the contrary to be made against Daniel Ventris. And it is granted to him. Therefore according to the custom of the abovesaid town used and approved from the whole abovesaid time, it is ordered then and there to a certain John Jackson then one of the serjeants at mace within the same town and minister of the abovesaid court that he summon by good summoners the aforementioned Daniel Ventris to be at the same court of the said lord king to be held before the mayor and bailiffs of the abovesaid town according to the custom of the abovesaid town in the form abovesaid on the day and year abovesaid to answer the aforementioned John Carter concerning the abovesaid plea; and what the same serjeant at mace and minister of the abovesaid court shall have done thereof he should certify to the same said lord king’s court held then and there etc. And the same day is given to the aforementioned John here etc. [IMG 0771]

At which certain court of the said lord king of the abovesaid town held in the abovesaid guildhall on October 14 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the abovesaid 40^th of Scotland [October 14, 1606] before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of that town comes the abovesaid John Carter in his proper person; and the abovesaid John Jackson then one of the serjeants at mace within the abovesaid town and minister of the court then and there returned and certified to the same said lord king’s court held then and there as set out before that the said Daniel Ventris has nothing within the liberties of the abovesaid town whereby he can be summoned. And thereon the abovesaid John Carter presented himself against the abovesaid Daniel Ventris concerning the abovesaid plea. And he did not come. Thereon at the petition of the abovesaid John Carter by the same court then and there according to the custom of the town abovesaid it is ordered to the aforementioned John Jackson then one of the serjeants at mace within the abovesaid town and minister of the abovesaid court that he take the aforementioned Daniel Ventris by his body if etc., and him safely etc., so that he have his body before the mayor and bailiffs of the abovesaid town at the next said lord king’s court of that town to be held before the mayor and bailiffs of the abovesaid town on November 4 then following [November 4, 1606] here in the guildhall of the abovesaid town according to the custom of that town to answer the aforementioned John concerning the abovesaid plea etc. And the same day is given to the aforementioned John here etc.

The Town of Cambridge. The lord king’s court of his town of Cambridge held in the county of Cambridgeshire in the guildhall within the same town according to the custom of the same town used and approved in the same from the time whereof the memory of men runs not to the contrary and according to the liberties and privileges granted to the burgesses of that [town] by divers late kings of England etc., on November 4 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., of the 40^th of Scotland [November 4, 1606] before William Archert then mayor of the town of Cambridge, Luke Curtis, Edward Dodson Henry Wulfe and Marmaduke Frohook then bailiffs of that town etc.

At this court came the abovesaid John Carter in his proper person and put in his place William Harison against the aforementioned Daniel Ventris concerning the abovesaid plea according to the custom of the abovesaid town.

And the abovesaid serjeant at mace and minister of the abovesaid court now here etc., returned the abovesaid precept directed to him in the abovesaid form served and executed in everything, viz., that he by virtue of that precept took the body of the same Daniel Ventris and that he had his body then and there ready according to the exigency of the abovesaid precept.

Thereon the same Daniel Ventris, solemnly exacted at the same court, came in his proper person and put in his place John Serle his attorney against the aforementioned John Carter in the abovesaid plea according to the custom of the abovesaid town etc.

And thereon the abovesaid John Carter by the abovesaid William Harison his abovesaid attorney according to the custom of the abovesaid town etc., narrated on his abovesaid complaint against the aforementioned Daniel concerning the abovesaid plea. And he says that, whereas the abovesaid Daniel on October 5 in the 37^th year of the reign of the Lady Elizabeth late queen of England [October 5, 1595] at the town of Cambridge in the county of Cambridgeshire here within the jurisdiction of this court by his certain indenture. the other part of which signed by the seal of the same Daniel the same John here in court proffers, the date of which is the abovesaid day and year, both for and in consideration of £10 of the good and lawful money of England paid to him beforehand before the sealing of the abovesaid indenture and also for other good causes and consideration specially moving him to this, demised, granted, and handed over at farm and by that indenture demised, granted, and handed over at farm to the same John Carter all that one messuage or house, the mill called “le papermill” with a watermill to [IMG 1616] mill wheat within and under the roof of the same messuage or miller’s house where lately stood a paper mill, in English, a paper mill, situated and being within the parish of Fen Ditton abovesaid with a stable and one abovesaid cottage or shop on the bridge of Ditton and all other structures, rooms called roomes, backsides called backsides, and other appurtenances looking to the same messuage or miller’s house and now occupied with the same together with all waters of the rivers, courses, streams called streams, fish banks, and liberties of fishes in any way looking or pertaining to the same messuage or miller’s house and also all those implements, furniture, furnishings, utensils, and chattels now being in the abovesaid messuage or miller’s house and stable and valued, contained, and specified in a certain inventory or indented schedule annexed to the abovesaid indenture to have, hold, occupy, use, and enjoy the abovesaid messuage or miller’s house with the abovesaid water mill and all the other premisses with their appurtenances together with the above mentioned implements, furniture, furnishings, utensils, and chattels from the feast of St. Michael the Archangel last past before the date of the abovesaid indenture until the end and term of 10 whole years then next and immediately following and fully completed, determined, and ended by rendering and paying thereof annually during the abovesaid term to the aforementioned Daniel Ventris, his executors, administrators and assigns the sum of £16 of the good and lawful money of England at the four greatest usual feasts of days of payment in the year, viz., at the feast of the nativity of the Lord, of the annunciation of the Blessed Virgin Mary, at the nativity of St. John the Baptist, and the feast of St. Michael the Archangel by equal portions. And it if should happen that the abovesaid annual rent of £16 should be arrear unpaid in part or in all after any feast of the above mentioned payments for the space of 14 days that then and thereafter it would be permitted to the aforementioned Daniel Ventris, his executors, administrators and assigns to re-enter on the abovesaid messuage or miller’s house and all and singular the premisses with their appurtenances and in each parcel of the same and to re-have and possess as in the prior estate of it or them and totally to expel and remove therefrom the abovesaid John Carter, his executors and administrators and assigns in perpetuity, the same indenture or anything contained in the same to the contrary in any way notwithstanding, as by the same indenture it appears more fully; by virtue of which demise the same John Carter had and occupied the abovesaid tenements with appurtenances from the abovesaid feast of St. Michael the Archangel in the abovesaid 37^th year of the reign of the said Lady Elizabeth late queen of England until March 20 in the 2^nd year of the reign of the now lord king, and the same John Carter further says that long before the abovesaid Daniel Ventris had anything in the abovesaid messuage, mill, and other premisses mentioned above in the abovesaid indenture, a certain Richard late bishop of Ely was seised of the manor of Fen Ditton with Horningsea in the abovesaid county with appurtenances, whereof the abovesaid tenement with appurtenances by the abovesaid indenture above mentioned was demised, are and as well from time whereof the memory of men runs not to the contrary were parcel in his demesne as of fee in right of his bishopric of Ely abovesaid and thus thereof being seised, afterwards at Ely abovesaid he died seised of his such estate thereof, after whose death the temporalities of the same bishopric came into the hands of the said Lady Elizabeth late queen of England, and the same lady Elizabeth late queen of England by reason of the temporalities of the abovesaid bishopric being in her hands thus thereof, [IMG 1617] the same Lady Elizabeth late queen of England afterwards, scilt., on July 14 in the 34^th year of the reign of the said lady queen at Fen Ditton abovesaid demised those tenements with appurtenances to the aforementioned Daniel Ventris to have and to occupy the same tenements with appurtenances to the aforementioned Daniel, his executors and assigns as long as the same tenements were thus in the hands of the same said lady queen by reason of the temporalities of the bishopric abovesaid sede vacante, by virtue of which demise the abovesaid Daniel Ventris entered in the same tenements with appurtenances and was thereof possessed, and thus being possessed thereof the same Daniel afterwards, scilt., on the abovesaid October 5 in the 37^th year of the said lady Elizabeth late queen of England in the abovesaid 37^th year at the town of Cambridge abovesaid within the jurisdiction of this court by the abovesaid indenture made between the same Daniel and the aforementioned John demised the same tenements with appurtenances to the aforementioned John Carter to have and occupy to the aforementioned John, his executors and assigns from the feast of St. Michael the Archangel then last past before the date of the abovesaid indenture until the end and term of the abovesaid 10 whole years then next and immediately following and fully completed, determined, and ended by rendering and paying thereof annually during the abovesaid term to the aforementioned Daniel, his executors, administrators or assigns the abovesaid sum of £16 at the abovesaid days of payment as mentioned above in the abovesaid indenture. And the same John further says that afterwards, scilt., on February 14 in the 42^nd year of the reign of the said Lady Elizabeth late queen of England a certain Martin now bishop of Ely was chosen and created bishop of Ely abovesaid and was seised of the abovesaid manor with appurtenances whereof etc., in his demesne as of fee in right of his bishopric of Ely abovesaid, and thus being thereof seised the same now bishop afterwards, scilt., on June 10 in the abovesaid 42^nd year of the reign of the said Lady Elizabeth late queen of England [June 10, 1600] by his certain indented writing signed with the seal of the abovesaid bishop and enrolled of record in the court of chancery of the same late queen at Westminster in the county of Middlesex gave and granted the abovesaid manor with appurtenances whereof etc., to the abovesaid Lady Elizabeth late queen of England to have and hold to the same Lady Elizabeth late queen of England, her heirs and successors in perpetuity, and afterwards, scilt., on the last day of October in the abovesaid 42^nd year of the said Lady Queen Elizabeth, a certain Humfrey Tindall cleric dean of the cathedral church of Ely abovesaid and the chapter of the same place at Ely abovesaid by his certain writing of confirmation signed with the common seal of the same dean and chapter thus enrolled similarly of record in the court of the same chancery of the same late queen at Westminster in the county of Middlesex accepted, approved the grant of the said house, manor with appurtenances whereof etc., and all and singular specified in the abovesaid writing of Martin now bishop of Ely as far as they pertain to the same dean and chapter and by his same writing ratified the same and by the tenor of the same writing by the authority of the dean and chapter confirmed for his chapter, by pretext of which certain gift, grant, confirmation, and enrollment abovesaid, the same Lady Elizabeth late queen of England was seised of the abovesaid manor with appurtenances whereof etc., in his demesne as of fee in right of her crown of England, and being thus seised thereof the same late queen died seised thereof of her such estate without heir issuing from her body, after whose death the abovesaid manor with appurtenances whereof etc., descended to the lord king now as to cousin and next heir of the same Lady Elizabeth, whereby the same lord king now was [IMG 0772] seised of the abovesaid manor with appurtenances whereof etc., in his demesne as of fee in right of his crown of England, and thus being seised thereof the same lord king now on February 21 in the 2^nd year of his reign [February 21, 1605] at Westminster in the county of Middlesex by his letters patent sealed under his great seal of England of which the date is at the abovesaid Westminster on the same day and year bargained and sold the abovesaid manor with appurtenances whereof etc., to the aforementioned Thomas and Richard, their heirs and assigns in perpetuity, by pretext of which certain letters patent the same Thomas and Richard afterwards, scilt., on March 20 in the abovesaid 2^nd year of the reign of the said now lord entered the abovesaid tenements that the abovesaid Daniel Ventris demised to the same John Carter in the form abovesaid at the abovesaid term of 10 years, his term then not having expired, and ejected, expelled, and removed the same John from his farm and possession abovesaid against the form and effect of the abovesaid indenture and thus the same John Carter says that although he fulfilled, performed and kept all and singular the covenants, grants, articles, and agreements in the abovesaid indenture on his part to be fulfilled, performed, and kept according to the form and effect of that indenture, nevertheless the abovesaid Daniel Ventris although often asked did not keep the abovesaid covenant of this that the same John Carter would have and hold the tenements with appurtenances that the abovesaid Daniel had demised by that indenture to the same John from the abovesaid feast of St. Michael the Archangel in the abovesaid 37^th year of the reign of said Lady Elizabeth late the queen of England until the end and term of the abovesaid 10 years specified in the abovesaid indenture but broke it and refused to keep it to him and still refuses, wherefore he says that he is worse off and has damages to the value of £40, and thereof he produces suit etc.

And the abovesaid defendant then and there according to the custom of the abovesaid town etc., by John Serle his abovesaid attorney comes and defends force and injury when etc., and seeks license thereof to emparl here etc., until the next said lord king’s court of the abovesaid town to be held here in the guildhall of that town before the mayor and bailiffs of the same town on November 18 then next to come according to the custom of the abovesaid town etc., and it is granted to him etc. And the same day is given to the aforementioned plaintiff here etc.

At which certain said lord king’s next court of the abovesaid town held in the abovesaid guildhall on November 18 in the abovesaid year [November 18, 1606] before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of that town came both the abovesaid John Carter by the abovesaid William Harison his attorney and the abovesaid Daniel Ventris by John Serle his abovesaid attorney. And he sought day further to emparl thereof here etc., until the next court of the said lord king of the abovesaid town to be held here in the guildhall of that town before the mayor and bailiffs of the same town on November 25 then next to come [November 25, 1606] according to the custom of the abovesaid town etc. And it is granted to him etc. And the same day is given to the aforementioned plaintiff here etc.

At which certain said lord king’s next court of the abovesaid town held in the abovesaid guildhall on November 25 in the abovesaid year [November 25, 1606] before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of that town came both the abovesaid John Carter and the aforementioned Daniel Ventris by their abovesaid attorneys. And the abovesaid John Serle the attorney of the abovesaid Daniel Ventris came and said that he is not informed by his master etc., concerning any answer for the same Daniel to be given in the abovesaid plea, and says nothing else thereof, whereby the same John Carter [sic] remains undefended against him, on account of which the same John Carter ought to recover against the abovesaid Daniel Ventris his damages by the law of the land by occasion of the covenant broken, but because it is not known what damages the abovesaid John Carter sustained both by occasion of the covenant broken and for his outlays and costs put out in this part by him on his suit, therefore then and there according to the custom of the abovesaid town it was ordered to a certain Hugh Jones then one of the serjeants at mace and minister of the abovesaid court that he according to the custom of the abovesaid town should make to come here at the next said lord king’s court of the abovesaid town to be held here in the guildhall of the abovesaid town etc., 12 prudent etc., lawful men of the town of Cambridge and liberty of the same etc., by whom etc., and who neither etc., to recognize etc., because both etc. The same day is given to the aforementioned plaintiff here etc.

At which certain said lord king’s next court of the abovesaid town in the abovesaid guildhall held on December 9 in the abovesaid year before the aforementioned mayor and bailiffs of the abovesaid town came John Carter by his abovesaid attorney. And the abovesaid Hugh Jones then serjeant at mace and minister of the abovesaid court according to the custom of the abovesaid town etc., returned the abovesaid precept directed to him in the abovesaid form served and executed in everything together with a certain panel of the names of 24 jurors impaneled to inquire what damages the abovesaid John Carter sustained by occasion of the abovesaid covenant broken, scilt., Godfrey Twelves, John Sherewood, Richard Burffe, John Tooley, Edward Male, William Helsden, Edward Cropley, Samuel Smyth, Titus Hardy, Christofer Hatley, Michael Watson, John Prat, Francis Offeild, Richard Fidlyng, Richard Griffyn, Walter Betson, John Wulfe jr., Eliott Curr, John Fidlyng, Henry Rapier, Barnabas Amy, Edward Beeton, Richard Scott, and Thomas Mosse, none of whom came. Therefore according to the custom of the abovesaid town etc., it is ordered to the aforementioned Hugh Jones then one of the serjeants at mace and a minister of the abovesaid court that he according to the custom of the town have the bodies of the abovesaid jurors at the said lord king’s next court of the abovesaid town to be held on December 23 then to come [December 23, 1606] etc., to inquire what damages the abovesaid John Carter sustained by occasion of the broken covenant abovesaid etc. And the same day is given to the aforementioned John Carter here etc.

At which certain said lord king’s next court of the abovesaid town held here in the guildhall of that town before the aforementioned mayor and bailiffs of the same town on December 23 then next to come according to the custom of the abovesaid town etc., according to the custom of that town came the aforementioned John Carter by his abovesaid attorney etc. And the abovesaid Hugh Jones then serjeant at mace and minister of the abovesaid court according to the custom of the abovesaid town returned the abovesaid precept directed to him in the abovesaid form [IMG 1618] served and executed in everything, viz., that he by virtue of the same precept had the bodies of the jurors abovesaid then and there ready, which certain jurors according to the custom of the abovesaid town exacted, scilt., Samuel Smyth, John Tooley, Edward Male, William Helsden, Titus Hardey, Francis Offeild, Richard Fidlinge, Richard Griffyn, Elliot Curr, Henry Rapier, Barnabas Amy, and Richard Scott come, who, chosen and sworn to inquire what damages the abovesaid John Carter sustained by occasion of the broken covenant abovesaid and afterwards they retired from the court here to emparl and communicate concerning their verdict to be rendered on the premisses under guard; and after the same jurors had communicated among themselves on the premisses and thereon were fully agreed, they came back to the bar and on their oath they say that the abovesaid John Carter sustained damages by occasion of the broken covenant abovesaid at £10 and for those outlays and costs at 1d. And because the abovesaid mayor and bailiffs here want to advise themselves of and on the premisses before they render judgment thereof, day is given further to the abovesaid parties here etc., until the next said lord king’s court of the abovesaid town to be held January 13 then next to come [January 13, 1607] before the mayor and bailiffs of that town according to the custom of the abovesaid town to hear their judgment thereof, because the aforementioned mayor and bailiffs thereof not yet etc.

At which certain said lord king’s next court of the abovesaid town held in the guildhall abovesaid on the said January 13 [January 13, 1607] before the aforementioned mayor and bailiffs according to the custom of the abovesaid town came the abovesaid John Carter by his abovesaid attorney and sought his judgment and execution to be made for him. And thereon the premisses having been seen and more fully understood by the aforementioned mayor and bailiffs here, it seems to the same mayor and bailiffs here etc., that the abovesaid John Carter recover against the aforementioned Daniel Ventris the damages, outlays, and costs of court assessed by the abovesaid jury in the abovesaid form as well as 35s8d adjudicated to the same John Carter at his request for his abovesaid outlays and costs by the lord king’s court here etc., by way of increment, which certain damages, outlays, and costs of court in all amount to £11 15s9d etc., and the abovesaid Daniel Ventris in mercy etc.

And thereon the aforementioned mayor and bailiffs by writ of the said lord king emanating from the abovesaid court of the lord in the abovesaid guildhall before the aforementioned mayor and bailiffs according to the custom of that town here etc., at the petition of the same John Carter it was ordered to the serjeants at mace and ministers of the said lord king’s court within the town abovesaid that they or one of them take Daniel Ventris if etc., and make him thus taken to be delivered to the foreign bailiff safely and securely to be guarded so that he have his body whenever it should be required to satisfy John Carter of £11 15s10d for his damages, outlays, costs that the same John in open court of the said lord king held before the aforementioned mayor and bailiffs within the said town recovered against the same Daniel Ventris by occasion of the broken covenant abovesaid as it appears of record whereof he is convicted etc., and this etc.

And afterwards, scilt., at the said lord king’s next court of the abovesaid town held, scilt., January 27 then next to come [January 27, 1607] before the aforementioned mayor and bailiffs of that town according to the custom of the abovesaid town etc., comes the abovesaid John Carter. And then and there John Jacson then one of the serjeants at mace and ministers of the said lord king’s court within the town abovesaid returned on the abovesaid precept delivered and directed to him that the abovesaid Daniel Ventris was not found within the abovesaid town or liberties of the same town etc.

At which certain next said lord king’s court of the abovesaid town held here in the guildhall of that town before the aforementioned mayor and bailiffs of the same town on January 27 then next to come according to the custom of the town abovesaid etc., according to the custom of the abovesaid town comes the aforementioned John Carter by his abovesaid attorney and seeks further writs of the said lord king emanating from the abovesaid court of the said lord king held in the abovesaid guildhall before the aforementioned mayor and bailiffs according to the custom of that town here etc. By the petition of the same John Carter it was ordered to the then serjeants at mace and ministers of the court of the said lord king within the abovesaid town that they or one of them take the aforementioned Daniel Ventris or John Wulfe his mainpernors if etc., and they or one of them make him to be delivered thus taken to the foreign bailiff safely and securely to be guarded etc., so that he have their bodies or one of them whenever he is asked to satisfy to the aforementioned John Carter £11 15s9d for his damages, outlays, and costs that the same John Carter recovered in the said lord king’s open court held before the aforementioned mayor and bailiffs within the abovesaid town etc., against the same Daniel Ventris by occasion of abovesaid covenant broken etc., whereof he is convicted etc., and this etc.

And afterwards, scilt., at the next said lord king’s court of the abovesaid town held, scilt., February 10 then next to come [February 10, 1607] before the aforementioned mayor and bailiffs of that town according to the custom of the abovesaid town etc., came John Carter and then and there John Jackson then one of the serjeants at mace and minister of the said lord king’s court within the town abovesaid here etc., and returned on the abovesaid precept directed and delivered to him that by virtue of the abovesaid precept directed and delivered to him took the body of the same John Wulfe mainpernor of the withinnamed Daniel Ventris, whose certain body he delivered to Edward Dodson then foreign bailiff of the abovesaid town safely and securely to be guarded etc., according to the custom of the abovesaid town etc., as within it is ordered to him etc.

And afterwards, scilt., at the said lord king’s court held within the abovesaid town according to the custom of that town before the aforementioned then mayor and bailiffs of the abovesaid town according to the custom of that town here in the guildhall of the abovesaid town on August 11 in the 5^th year of the reign of our Lord James by the grace of God king of England, France and Ireland and the 41^st of Scotland [August 11, 1607] came the abovesaid Daniel Ventris and proffered and delivered to the said then mayor and bailiffs of the abovesaid town the abovesaid lord king’s writ of error annexed to the presents returnable before the said lord king on the Octaves of St. Michael wherever then he shall be in England etc., before which certain return of the abovesaid writ, scilt., September 29 in the 5^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and 41^st of Scotland abovesaid, the abovesaid William Archer from the office of mayor of the abovesaid town and the abovesaid Luke Curtis, Edward Dodson, Henry Wulfe, Marmaduke Frohook from the office of bailiffs of the town were removed in due manner and according to the custom of the abovesaid town at the abovesaid town, and we Jeremias Chase into the office mayor and Marmaduke Frohock, Christofer Lane, Barnabas Amy and Edward Male into the office of bailiffs of that town were elected, installed, and sworn in due manner and according to the custom of the abovesaid town then and there, and on the day and year were the abovesaid then mayor and bailiffs, the aforementioned writ of error was delivered to us the now mayor and bailiffs according to the custom of the abovesaid town before the return thereof to come etc., by virtue of which certain writ the record and process of the abovesaid plea together with everything touched them we send distinctly and openly to the said lord king at the day and place contained in the said writ under the seal of the office of mayor of the said town according to the custom of the abovesaid town and the exigency of the same writ as by the abovesaid writ it is ordered to us.

Afterwards, scilt., on the Friday next after the quindene of St. Martin this same term before the lord king at Westminster comes the abovesaid Daniel Ventris by Thomas Ventris his attorney and says that in the abovesaid record and process and also in the rendering [IMG 0774] of the abovesaid judgment it was manifestly erred in this, viz.,

that the abovesaid judgment was rendered for the abovesaid John whereas by the law of the land of this realm of England judgment ought to have been rendered for the abovesaid Daniel. And therefore in this manifestly it was erred.

Moreover, in the adjudication of the execution of the same judgment against the abovesaid John Wulfe mainpernor of the same Daniel it was manifestly erred in this, viz., that by the abovesaid judgment against the abovesaid Daniel rendered in the form abovesaid before the emanation of any precept out of the abovesaid said lord king’s court of the abovesaid town to give to the aforementioned John Wulfe mainpernor of the same Daniel warning to be before the mayor and bailiffs of that court to show if he had or knew to say anything for himself why the abovesaid John Carter ought not have execution against the same John Wulfe of the abovesaid damages according to the form and effect of the recognition abovesaid if it seemed expedient to him, it was ordered to the serjeants at mace and ministers of the said lord king’s court within the abovesaid town that they or one of them take the aforementioned Daniel or John Wulfe his mainpernor etc., and that they or one of them deliver or make to be delivered them or one of them thus taken to the foreign bailiff safely and securely to be guarded etc., so that he have the bodies of them or of one of them whenever he should be asked to satisfy the aforementioned John Carter of the abovesaid £11 15s9d for his damages, outlays and costs abovesaid, on which certain precept the same John Wulfe by John Jackson one of the serjeants at mace and minister of the abovesaid court was taken and delivered to the foreign bailiff of the abovesaid town safely and securely to be guarded until etc., as by the abovesaid record it is clear and appears more fully. Therefore in this it was manifestly erred and the judgment abovesaid rendered in the form abovesaid and the adjudication of the execution of the same judgment are erroneous and void in law. And this the same Daniel is ready to verify.

And he seeks a writ of the said now lord king to warn the abovesaid John Carter to be before the said lord king 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 known to the aforementioned John Carter that he be before the said 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 Daniel etc.

At which day before the lord king at Westminster comes the abovesaid Daniel by his abovesaid attorney. And the sheriff, viz., Robert Paine knight returned that by virtue of the said lord king’s writ directed to him thereof he made known to John Carter by Heliot Smith and Henry Jaye prudent etc., to be before the lord king at the aforementioned term as by the abovesaid writ it was ordered to him, which certain John Carter on the 4^th day of the plea solemnly exacted according to the warning made to him in this part, came by John Badger his attorney. Thereon the abovesaid Daniel as before says that in the record and process abovesaid and in the rendering of the abovesaid judgment as well as in the adjudication of the execution of the same judgment in the abovesaid form it was manifest erred by alleging the errors abovesaid alleged above by the same Daniel. And he seeks that the abovesaid judgment on account of those errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that he be restored to everything that he lost by occasion of the abovesaid judgment, and that the abovesaid John Carter rejoin to those errors, and that the the court of the said now lord king here proceed to the examination both of the record and process abovesaid and of the abovesaid errors. [IMG 0775]

         And the abovesaid John Carter says that whereas above it is contained in the record here first a certification that the abovesaid judgment was rendered in the abovesaid said lord king’s court in the abovesaid guildhall before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of that town that the abovesaid John Carter recover against the aforementioned Daniel Ventris £11 15s9d, nevertheless the aforementioned mayor and bailiffs by the said lord king’s writ emanating from the abovesaid court of the lord king in the abovesaid guildhall before the aforementioned mayor and bailiffs according to the custom of that town at the petition of the same John Carter certified that it was ordered to the aforementioned serjeants at mace and ministers of the said lord king’s court that they or one of them take within the town the aforementioned Daniel Ventris if etc., and him thus taken they or one of them should make to be delivered to the bailiff safely and securely to be guarded so that he have his body whenever he should be required to satisfy £11 15s9d to the aforementioned John Carter whereas by the record he remained in the custody of the aforementioned mayor and bailiffs of the abovesaid town, it appears that it was ordered to the aforementioned serjeants at mace and ministers of the said lord king’s court within the abovesaid town that they or one of them take the aforementioned Daniel Ventris if etc., and him thus taken they or one of them should make to be delivered to the bailiff safely and securely to be guarded so that he have his body whenever he should be required to satisfy the aforementioned John Carter of £11 15s10d as by the record in the custody of the aforementioned mayor and bailiffs of the abovesaid town it remains of record, the omission of which certain words was made in the record and process abovesaid it manifestly appears, and the same John Carter seeks a writ of the lord king according to the form of the statute etc., to the aforementioned mayor and bailiffs of the abovesaid town to certify to the same lord king more fully the truth thereof. And it is conceded to him etc.

         Whereby it is ordered to the mayor and bailiffs of the town of Cambridge abovesaid that the abovesaid record being of record in their custody having been scrutinized they send what they find in the same to the lord king without delay wherever etc., together with the lord king’s writ directed to them thereof etc.

Which certain mayor and bailiffs, viz., Jeremias Chase mayor of the town of Cambridge abovesaid and Marmaduke Frohook, Christofer Lane, Barnabas Amey, and Edward Male bailiffs of the same town by virtue of the said lord king’s writ directed to them thereof certified to the same lord king the abovesaid omission made in the abovesaid record in these words:

By virtue of the writ directed to us we certify to the lord king that, the record remaining in our custody having been scrutinized, we found that in the record between the parties specified in the abovesaid writ lately sent to the lord king between these words “15s” and these words “d for damages” this word “9" and not this word “10" is written, of which certain record the word “9" in place of the abovesaid word “10" to be written to the lord king wherever etc., we send as within it was ordered to us.

Thereon the same John Carter seeks that the abovesaid word “10" specified above in the record be erased and emended and this word “9" be placed and written in place of this word “10" in the record abovesaid according to the form of the statute etc. And as to the residue of the matters abovesaid assigned above for errors as well as by reason of the abovesaid emendation to be made, the same John Carter says that neither in the record and process abovesaid nor in the rendering of the abovesaid judgment against the aforementioned Daniel nor in the adjudication of the abovesaid execution in the abovesaid form was it erred in anything. And he seeks similarly that the court of the said lord king here proceed to the examination of the abovesaid record and process and of the abovesaid matters above assigned for errors and that the abovesaid judgment be affirmed in everything.

         And because the lord king’s court here is not yet advised to render its judgment of and on the premisses, day thereof is given to the abovesaid parties before the lord king until the morrow of Holy Trinity wherever etc., to hear their judgment thereof etc., because the court of the said lord king here thereof not yet etc.

At which day before [IMG 1620] the lord king at Westminster abovesaid comes the abovesaid Daniel by his abovesaid attorney. Thereon, all and singular the premisses having been seen and diligently inspected and examined by the said lord king’s court here and mature deliberation thereon having been had, it is considered that the abovesaid judgment on account of the abovesaid errors and others found in the abovesaid record and process be revoked, annulled, and completely had for nothing and that the abovesaid Daniel be restored to everything that he lost by occasion of that judgment etc.

[Margination (on IMG 0775:)]

Let the judgment be revoked.