Jevan Thomas and Rice ap Rice v. William Challenor of Bettws gentleman, Thomas Moore of Bettws gentleman, Robert Moore of Bettws gentleman, Howell David ap Howell of Llandebie yeoman and Ector Hill of Llandebie yeoman

     Carmarthen attorneys: Evan Thomas, William Morgan

     Error plaintiff's king's bench attorney: James Lyde

Error in king's bench (Hilary term, 1608) on an action in the great session of Carmarthen county

The lord king sent to his beloved and faithful Richard Atkins armiger and Richard Daston armiger his justices of his great session of the county of Carmarthen 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 his beloved and faithful Richard Atkins armiger and Richard Daston armiger our justices of our great session of the county of Carmarthen, greetings. Because in the record and process and also in the rendering of the judgment of a plea that was in our court of the great session before you our justices of the great session abovesaid by our writ between Jevan Thomas and Rice ap Rice and William Challenor late of Bettws in the county of Carmarthen gentleman, Thomas Moore late of Bettws in the county of Carmarthen gentleman, Robert Moore late of Bettws in the county of Carmarthen gentleman, Howell David ap Howell late of Llandebie in the county of Carmarthen yeoman and Ector Hill late of Llandebie in the county of Carmarthen yeoman of a certain trespass and ejectment of farm inflicted on the same Jevan and Rice by the aforementioned William, Thomas, Robert, Howell, and Ector as it is said manifest error intervened to the grave damage of the same William, Thomas, Robert, Howell, and Ector 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 has been rendered thereof then you send distinctly and openly the record and process of the abovesaid plea with everything touching them to us under your seals, so that we have them on the morrow of All Souls 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 custom of our realm of England should be done. Tested me myself at Westminster June 12 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [June 12, 1607].Pennyman

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

Carmarthen. Pleas at Carmarthen in the abovesaid county before Richard Atkins armiger and Richard Daston armiger justices of the lord king of his great session of the abovesaid county held at Carmarthen in the county abovesaid on Monday, viz., September 22 in the year of the reign of our Lord James by the grace of God king of England, Scotland France and Ireland, defender of the faith, etc., of England, France, and Ireland the 4^th and of Scotland the 40^th [September 22, 1606].roll 25Lawley.

William Challenor late of Bettws in the abovesaid county gentleman, Thomas Moore late of Bettws in the abovesaid county gentleman, Robert Moore late of Bettws in the abovesaid county gentleman, Howell David ap Howell late of Llandebie in the abovesaid county yeoman, and Ector Hill late of Llandebie in the abovesaid county yeoman were attached to answer Jevan Thomas and Rice ap Rice concerning a plea why with force and arms they entered the river and water course called Loughor in Llandebie abovesaid that David ap Rice demised to the aforementioned Jevan and Rice at a term that has not yet expired and ejected them from his abovesaid farm and inflicted other enormities on them to the grave damage of the same Jevan and Rice and against the peace of the now lord king etc. And wherefore the same Jevan and Rice by Evan Thomas his attorney complain that, whereas a certain David ap Rees on March 13 in the 2^nd year of the reign of the now lord king by his certain indenture bearing the date January 2 in the abovesaid 2^nd year at Llandebie abovesaid demised to the same Jevan and Rice the river and water course abovesaid with appurtenances to have and to hold to the same Jevan and Rice and their 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 21 years then next following and fully completed, by virtue of which demise the same Jevan and Rice entered into the river and water course abovesaid and were thereof possessed, and thus being possessed thereof the abovesaid William Challenor, Thomas Moore, Robert Moore, Howell, and Ector afterwards, scilt., on March 14 in the abovesaid 2^nd year of the reign of the said now lord king with force and arms etc., entered the river and water course abovesaid with appurtenances that the abovesaid David demised to the same Jevan and Rice in the abovesaid form at a term that has not yet expired and ejected the same Jevan and Rice from their abovesaid farm at their abovesaid term that was not yet expired, and other enormities etc., to the grave damage etc., and against the peace etc., wherefore they say that they are worse off and have damages to the value of 100s. And thereof they produce suit etc. [IMG 0495]

And the abovesaid William Challenor, Thomas Moore, Robert Moore, Howell and Ector by William Morgan their attorney come and defend force and injury when etc. And they say that they are guilty in nothing of the trespass and ejectment abovesaid as the abovesaid Jevan and Rice above complain against them. And of this they put themselves on the countryside. And the abovesaid Jevan and Rice similarly. Therefore it is ordered to the sheriff that he make to come here on Saturday next to come 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc.

At which day here come the parties. And the sheriff did not send the writ. Therefore as before it was ordered to the sheriff that he make to come before the justices etc., on Monday in the next great session etc., wherever etc., 12 etc., to recognize in the form abovesaid etc. The same day is given to the abovesaid parties etc.

At which day here, scilt., at Carmarthen in the abovesaid county in the abovesaid then next great session held there on the same Monday, viz., March 30 then next following [March 30, 1607] come both the abovesaid Jevan and Rice by the aforementioned Evan Thomas and the abovesaid William, Thomas, Robert, Howell and Ector by the abovesaid William Morgan their attorney. And the sheriff now sends here the abovesaid writ for making to come here 12 etc., directed to him thereof together with the panel of the names of the jurors annexed to that writ served and executed in everything, of whom none came. Therefore the jury between the parties abovesaid is put in respite here until Wednesday then next following for default of the jurors, because none came. And let the sheriff have the bodies etc., and add 10 such etc. The same day is given to the abovesaid parties here etc.

At which day here come both the abovesaid Jevan and Rice and the abovesaid William, Thomas, Robert, Howell, and Ector by their abovesaid attorneys. And the jurors thereof impaneled, exacted, did not come. Therefore the abovesaid jury is put further in respite between the abovesaid parties until the Thursday then next following and to come for default of jurors because none came. And let the sheriff distrain the bodies of the jurors etc., and what from the issues etc., and add 8 such etc. The same day is given to the parties abovesaid here etc.

At which day here come both the abovesaid Jevan and Rice and the abovesaid William, Thomas, Robert, Howell and Ector by their abovesaid attorneys. And the jurors thereof impaneled, exacted, come, who, chosen, tried, and sworn to tell the truth on the premisses, say on their oath that the abovesaid William, Thomas, Robert, Howell, and Ector are guilty of the trespass and ejectment of farm abovesaid as the abovesaid Jevan and Rice above against them complain. And they assess the damages of the same Jevan and Rice by occasion of the trespass and ejectment abovesaid beyond their outlays and costs put out by them on their suit in this part at 6d, and for those outlays and costs at 2d. Therefore it is considered that the abovesaid Jevan and Rice recover against the aforementioned William, Thomas, Robert, Howell and Ector their abovesaid term still to come of the river and water course abovesaid with appurtenances and their damages at 8d assessed by the jurors abovesaid in the abovesaid form as well as 85s9d adjudicated to the same Jevan and Rice at their request for their abovesaid outlays and costs by the court here by way of increment, which certain damages in all amount to 86s5d. And let the abovesaid William, Thomas, Robert, Howell, and Ector be taken etc.

Carmarthen. Jevan Thomas and Rice ap Rice put in their place Evan Thomas against William Challenor late of Bettws in the county abovesaid gentleman, Thomas Moore late of Bettws in the abovesaid county gentleman, Robert Moore late of Bettws in the abovesaid county gentleman, Howell David ap Howell late of Llandebie in the abovesaid county yeoman, and Ector Hill late of Llandebie in the abovesaid county yeoman in a plea of trespass and ejectment of farm.

Carmarthen, William Challenor late of Bettws in the abovesaid county gentleman, Thomas Moore late of Bettws in the abovesaid county gentleman, Robert Moore late of Bettws in the abovesaid county gentleman, Howell David ap Howell late of Llandebie in the abovesaid county yeoman, and Ector Hill late of Llandebie in the abovesaid county yeoman put in their place William Morgan against Jevan Thomas and Rice ap Rice in the abovesaid plea of trespass and ejectment of farm.

Afterwards, scilt., on Friday next after the morrow of the Purification of Blessed Mary this same term before the lord king at Westminster come the abovesaid William Challenor, Thomas Moore, Robert Moore, Howell David ap Howell, and Ector Hill by James Lyde their attorney. And they say that in the record and process abovesaid and also in the rendering of the judgment abovesaid manifestly it was erred in this, viz.,

whereas the abovesaid Jevan Thomas and Rice ap Rice above narrated and complained against the same William, Thomas, Robert, Howell David and Ector concerning an action of trespass and ejectment of farm supposed by them to have happened on one river and a water course called Loughor in Llandebie abovesaid, whereas by the law of the land of this realm of England the abovesaid Jevan and Rice in this manner case ought to have narrated concerning a trespass and ejectment on a certain parcel or quantity of land covered by water and not on a river or water course, in which no entry can happen and of which no possession can be taken, and thus in the record and process abovesaid it was manifestly erred, as appears above of record.

And the abovesaid William Challenor, Thomas Moore, Robert Moore, Howell David ap Howell, and Ector Hill seek the lord king’s writ to warn the abovesaid Jevan Thomas and Rice ap Rice to be before the lord king to hear the abovesaid record and process. And it is granted to them etc., whereby it is ordered to the sheriff of the abovesaid county of Carmarthen that by prudent and etc., he make known to the aforementioned Jevan and Rice that they be before the lord king at the quindene of Easter wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned William, Thomas, Robert, Howell, and Ector etc.

At which day before the lord king at Westminster come the abovesaid William, Thomas, Robert, Howell, and Ector by their abovesaid attorney. And the sheriff returns that the abovesaid Jevan and Rice have nothing in his bailiwick whereby he can make known to them nor are they found in the same. And the abovesaid Jevan and Rice at that day by Roger Evans their attorney come. Thereon the abovesaid William, Thomas, Robert, Howell, and Ector as before say that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred by alleging the abovesaid error by them alleged above in the abovesaid form. And they seek that the abovesaid judgment on account of that error and others in the abovesaid record and process be revoked, annulled and had for nothing, [IMG 2054] and that they be restored to everything that they lost by the occasion of the abovesaid judgment, and that the court of the lord king here proceed to the examination both of the record and process abovesaid and the abovesaid error, and that the abovesaid Jevan and Rice rejoin to that error.

         And the same Jevan and Rice say that neither in the record and process abovesaid nor in the rendering of the abovesaid judgment in anything was it erred. And they seek similarly that the court of the lord king here proceed to the examination both of the record and process and the matter abovesaid assigned above for the abovesaid error.

         And because the court of the lord king 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 on the morrow of Holy Trinity wherever etc. to hear their judgment thereof, because the court of the lord king here thereof not yet etc.

At which day before the lord king at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the lord king here is not yet advised to render its judgment of and on the premisses, day further is given thereof to the parties abovesaid before the lord king on the Octaves of St. Michael then next following wherever etc., to hear their judgment thereof, because the court of the lord king here thereof not yet etc.

At which day before the lord king at Westminster come the abovesaid parties by their abovesaid attorneys. Thereon, all and singular the premisses having been seen and by the court of the said lord king more fully understood and mature deliberation having been had thereof, because it seems to the court of the lord king here that in the record and process abovesaid and also in the rendering of the judgment abovesaid it was manifestly erred, it is considered that the judgment on account of that error and others being in the record and process abovesaid be revoked, annulled, and completely had for nothing, and that the abovesaid William, Thomas, Robert, Howell, and Ector be restored to everything that they lost by occasion of the abovesaid judgment etc.

[Margination:]

Let the judgment be revoked.