Walter Soly of “Ilvercome” v. John Gascoyne and Walter ap John alias Sare
King's Bench error plaintiff's attorney: Richard Heywood
Error on a case in the court of Cardiff, Glamorgan (Hilary term, 1537)
AALT images for Soly v. Gascoyne and ap JohnThis case of error on a suit in the court of Cardiff in Glamorgan, Wales, retails very spare pleading in the court record, and that brief pleading is not challenged. The writ of error makes mention of local custom about freeing from prison the defendants until the issue about the error had been decided. The only error assigned was the lack of citation in the record of the authority by which the court was held. It is conceivable that the case dragged on for years simply because the plaintiffs in error were free on bail pending the decision, and they may thus have not been inclined to push for final judgment. The court of Cardiff apparently used a jury of 6 men. The process in error demonstrates nicely how the king’s court was able to exercise jurisdiction in Wales despite not being able to direct the sheriffs there to execute normal process.
The lord king sent to the mayor and bailiffs of his town of Cardiff 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 Cardiff, 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 town without our writ according to the custom of the same town between Walter Soly of “Ilvercome” merchant and John Gascoyne and Walter ap John alias Sare concerning a plea of covenant broken on a demand of £20 that the same Walter Soly exacts from the aforementioned John and Walter ap John alias Sare as it is said manifest error intervened to the grave damage of the same John and Walter ap John alias Sare as we have received from his complaint, 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 thereof has been rendered, then 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 on the Octaves of St. Michael wherever then we shall be in England, so that, the record and process abovesaid having been inspected, we may make to be done thereof for the correction of the error what of right and according to the law and custom of our realm of England should be done; and you the aforementioned bailiffs, if the abovesaid John and Walter ap John alias Sare find for you sufficient security to answer the aforementioned Walter Soly concerning the damages adjudicated to him in this part if it should happen that the abovesaid judgment is affirmed, then make the same John and Walter ap John alias Sare to be delivered from our prison by which they are detained by occasion of the abovesaid damages if by that occasion and not by some other they are detained in the same while the said business of error pends before us undiscussed if according to the custom of the abovesaid town it should be done by the abovesaid security. Tested me myself at Westminster July 8 in the 28th year of our reign [July 8, 1536].
The record and process of which mention is made in the abovesaid writ follow in these words:
Cardiff. The court with the hundred held there on May 11 in the 27th year of the reign of King Henry VIII [May 11, 1536] before John Loveday and John Tanner bailiffs there.
Walter Soly of “Ilvercome” merchant complains against John Gascoyne and Walter ap John alias Sare in a plea of covenant broken on a demand of £20. Pledges to prosecute: John Doo, Richard Roo. And thereon the abovesaid John Gascoyne and Walter ap John in their proper persons say that they did not break a covenant with the aforementioned Walter Soly as he above supposed, and of this they put themselves on the countryside. And the abovesaid Walter Soly similarly, wherefore it is burdened by the oath of William Kew, Richard Hawkyn, John Yoman, John Sayse, John Longe, and Richard Jamys, who say on their oath that the abovesaid defendant broke the covenant with the aforementioned plaintiff, and they assess the damages at £15. Therefore according to the custom of this court it is granted by the court that the abovesaid plaintiff recover £15 assessed by the abovesaid jury against the abovesaid defendant, and the abovesaid defendant in mercy.
Afterwards, scilt., on January 26 in this same term before the lord king at Westminster come the abovesaid John Gascoyne and Walter ap John by Richard Heywode their attorney, and they say that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred, viz.,
for that in the record abovesaid it is not contained nor specified by what authority the abovesaid court in Cardiff was held, viz., whether by prescription or by charter of the lord king now or of some progenitors of the now lord king of England, as it appears from the record.
And they seek [IMG 0207] the lord king’s writ to warn the abovesaid Walter Soly to be before the lord king to hear the record and process abovesaid etc. And it is granted to them. Thereon because it appears manifestly to the court here that Cardiff abovesaid where the abovesaid plea was held between the abovesaid parties is and at the time of the abovesaid plea was within the Principality of Wales where the writ of the lord king does not run, it is ordered to the sheriff of the county of Gloucester, the nearest county adjacent to Cardiff abovesaid, that by prudent etc., he should make known to the aforementioned Walter Soly that he be before the lord king 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 aforementioned John and Walter ap John etc.
At which day before the lord king at Westminster come the abovesaid John Gascoyne and Walter ap John by their attorney abovesaid. And the sheriff returns that by virtue of the writ of the lord king directed to him thereof he made it to be known to the aforementioned Walter Soly that he be before the lord king at the aforementioned term wherever etc., to hear the record and process abovesaid, by John Heyward and William Longe prudent etc., which certain Walter Soly by the warning made to him appears by John Raut his attorney. Thereon the abovesaid John Gascoyne and Walter ap John say that in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred by alleging the abovesaid error alleged by them in the abovesaid form. And they seek that the court of the lord king here proceed both to examination of the abovesaid record and process and of the errors abovesaid, and that the abovesaid Walter Soly rejoin to the abovesaid errors etc. And the abovesaid Walter Soly seeks thereof day to emparl, and it is granted to him etc. And thereon day is given thereof to the abovesaid parties before the lord king until on the Octaves of Holy Trinity wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their abovesaid attorneys. And the abovesaid Walter Soly seeks further day to emparl, and it is granted to him. And thereon day thereof is given to the abovesaid parties before the lord king until on the Octaves of St. Michael wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their abovesaid attorneys. And the abovesaid Walter Soly seeks further day to emparl, and it is granted to him. And thereon day is given thereof to the parties abovesaid before the lord king until on the Octaves of St. Hilary wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day [1538] before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their attorneys abovesaid, and the abovesaid Walter Soly seeks further day thereof to emparl, and it is granted to him. And thereon day is given to the abovesaid parties before the lord king until 15 days after Easter wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their attorneys abovesaid, and the abovesaid Walter Soly seeks further day thereof to emparl, and it is granted to him. And thereon day is given to the abovesaid parties before the lord king until on the Octaves of Holy Trinity wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their attorneys abovesaid, and the abovesaid Walter Soly seeks further day thereof to emparl, and it is granted to him. And thereon day is given to the abovesaid parties before the lord king until on the Octaves of St. Michael wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.
At which day before the lord king at Westminster come both the abovesaid John Gascoyne and Walter ap John and the abovesaid Walter Soly by their attorneys abovesaid, and the abovesaid Walter Soly seeks further day thereof to emparl, and it is granted to him. And thereon day is given to the abovesaid parties before the lord king until on the Octaves of St. Hilary [1539] wherever etc., viz., to the aforementioned Walter Soly to emparl to the abovesaid errors and then to rejoin to those errors etc.