Edward Honinge armiger v. Cecilia Nauton of Aldborough

     Colchester attorneys: Thomas Hinde, Henry Birchley, Thomas Shaa

     Error plaintiff's king's bench attorney: Thomasd Shaw

The lord king sent to the bailiffs of his town of Colchester 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 bailiffs of his town of Colchester, greetings. Because in the record and process and also in the rendering of the judgment of a plea that is before you in our court of the abovesaid town without our writ between Edward Honinge armiger and Cecilia Nauton of a certain trespass on the case inflicted on the same Edward by the aforementioned Cecilia as it is said manifest error intervened to the grave damage of the same Cecilia as we have received from her 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 should send distinctly and openly the abovesaid record and process with everything touching them to us under your seal, and this writ, so that we have them at Michaelmas month 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 law and custom of the our realm of England should be done. Tested me myself at Westminster August 27 in the 5^th year of our reign of England, France, and Ireland and the 41^st of Scotland [August 27, 1607]. Aplegarth

The record and process of which mention is made in this writ appear in a schedule annexed to this writ:

The response of Thomas Haselwoode and William Mott bailiffs of the town of Colchester withinwritten.

The Town of Colchester. Pleas in the court of the lord king in the Mootehall of the town of Colchester abovesaid held on Thursday, scilt., April 25 in the 3^rd 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 38^th of Scotland [April 25, 1605] before Martin Bessell and Thomas Heckford the said lord king’s bailiffs of the abovesaid town according to the use and custom of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary.

At this court came Edward Honinge armiger in his proper person and complains against Cecilia Nauton concerning a plea of trespass on the case, and he found here in court pledges to prosecute his complaint abovesaid, viz., John Doo and Richard Roo. And he seeks process thereof to be made against her according to the use and custom of the abovesaid town etc. And it is granted to him etc. Therefore according to the use and custom of the abovesaid town etc., it is ordered by the aforementioned Martin Bessell and Thomas Hecford then bailiffs of the said lord king of the abovesaid town to Adam Halfnoth, Matthew Harvy, Henry Branch, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of this court that they or some of them according to the use and custom of the abovesaid town etc., should attach the aforementioned Cecilia by her goods and chattels found within the abovesaid town and liberty of the same town so that she be before the said lord king’s bailiffs of the abovesaid town at the said lord king’s next court to be held in the Mootehall of the abovesaid town on Thursday May 2 then next to come according to the use and custom of the abovesaid town to answer the aforementioned Edward concerning the abovesaid plea etc. The same day is given to the aforementioned Edward here etc., at the same court etc.

At which certain next court held here, scilt., at the Mootehall abovesaid on Thursday the abovesaid May 2 [May 2, 1605] before the aforementioned Martin Bessell and Thomas Hecford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of the abovesaid town etc., came the abovesaid Edward in his proper person and put in his place Thomas Hinde against the aforementioned Cecilia concerning the plea abovesaid.

And the abovesaid Edward by the abovesaid Thomas Hinde his attorney presented himself against the aforementioned Cecilia concerning the abovesaid plea etc. And the abovesaid Adam Halfnoth, Matthew Harvey, Henry Branche, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of the same court at the same court returned the abovesaid precept directed to them in the abovesaid form, viz., that the abovesaid Cecilia has nothing within the abovesaid town or within the liberty of the abovesaid town whereby she can be attached, nor is she found in the same etc. Therefore according to the use and custom of the abovesaid town etc., it is ordered by the same Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam Halfnoth, Matthew Harvey, Henry Branch, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of that court that they or some of them according to the use and custom of the abovesaid town etc., should take the aforementioned Cecilia if etc., and her safely etc., so that they or some of them have her body before the said lord king’s bailiffs of the abovesaid town at the next court of the said lord king to be held in the Mootehall of the abovesaid town on Thursday, May 30 then to come to answer the aforementioned Edward concerning the abovesaid plea. The same day is given to the aforementioned Edward here at the same court etc.

At which certain next court held here, scilt., at the Mootehall abovesaid on the said Thursday the abovesaid May 30 [May 30, 1605] before the aforementioned Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of the abovesaid town etc., came the abovesaid Edward by the abovesaid Thomas Hinde [IMG 0784] his abovesaid attorney and presented himself against the aforementioned Cecilia concerning the abovesaid plea etc.

And the abovesaid Winkin Bessell one of the abovesaid serjeants at mace of the abovesaid town and one of the ministers of the same court now here at this court sends and attests that he according to the use and custom of the abovesaid town took the body of the abovesaid Cecilia and that he has her body here at this same court etc., according to the form of the abovesaid precept to answer the aforementioned Edward concerning the abovesaid plea etc.

And thereon the same Cecilia Nauton puts in her place Henry Birchley against the aforementioned Edward Honinge concerning the abovesaid plea etc.

Thereon in this same court before the aforementioned Martin Bessell and Thomas Heckforde then the said lord king’s bailiffs of the abovesaid town came John Houlder in his proper person and according to the use and custom of the abovesaid town used and approved in the same town from time whereof the memory of men runs not to the contrary mainperned for the aforementioned Cecilia Nauton to have her body here in the Mootehall from day to day at each day of the abovesaid plea until the abovesaid plea is determined and judgment thereof is rendered under the penalty of paying and satisfying to the aforementioned Edward Honinge all damages, outlays, and costs by occasion of the abovesaid trespass on the case to be adjudicated to him, and if it happen that the abovesaid Cecilia at the abovesaid Thursday or at any day of the abovesaid plea made a default here or is convicted in the abovesaid plea in any way according to the custom of that town, then the same mainpernor grants that all this manner damages, outlays, and costs that will be adjudicated to the aforementioned Edward Honinge in this part will be levied from his lands and chattels to the use of the same Edward if it happen that the same Cecilia not at all pay the abovesaid damages to the aforementioned Edward or not render herself to the said lord king’s prison of the Mootehall of the abovesaid town by that occasion, there to remain until etc. And at the same court by assent of the parties abovesaid day is given to the abovesaid parties in the status as now etc., until the said lord king’s next court of the abovesaid town to be held here, scilt., in the Mootehall abovesaid on Thursday June 6 then to follow before the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc.

At which certain next court held here, scilt., in the Mootehall of the abovesaid town on the said Thursday June 6 [June 6, 1605] before the aforementioned Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., came both the abovesaid Edward by the abovesaid Thomas Hinde his attorney and the abovesaid Cecilia by the abovesaid Henry Birchley his attorney. And the abovesaid Edward according to the use and custom of the abovesaid town etc., by the abovesaid Thomas Hinde his abovesaid attorney narrated against the same Cecilia on her abovesaid complaint in the manner and form following, viz.,

The Town of Colchester. Edward Honinge armiger complains against Cecilia Nauton concerning a plea of trespass on the case. Pledges to prosecute: John Doo and Richard Roo. And wherefore the same Edward by the abovesaid Thomas Hinde his attorney says that he the same Edward on June 16 in the 1^st year of the reign of our Lord James now king of England etc., at Colchester abovesaid in the East Ward of the same town and within the jurisdiction of this court was possessed of divers beasts and goods as follows, viz., of 16 milk cows called milche neate, of a price of £53 6s8d, of 6 heifers called heiffers, of a price of £12, of two bulls of a price of £4, of three geldings of a price of [IMG 2210] £10 [?], of 3 mares, called mares, of a price of £8, of 6 calves, called calves, of a price of £3, of 3 foals, called fooles, of a price of 30s, of 10 cartloads of wheat, in English called ten cart loades of wheate, worth £20, of 10 cartloads of barley, in English called ten cart loades of barley worth £20, and of 20 cartloads of hay, in English, twenty carte loades of haye, worth £12 as of his own proper beasts and goods, and thus thereof being possessed, the same Edward afterwards, scilt., September 15 in the abovesaid 1^st year of the reign of the said Lord James now king of England etc., at Colchester abovesaid in the ward abovesaid and within the jurisdiction of this court casually lost the abovesaid beasts and goods out of his hands and possession, which certain beasts and goods afterwards on the same day and year at Colchester abovesaid in the abovesaid ward and within the jurisdiction of this court came to the hands and possession of the aforementioned Cecilia Nauton by finding, nevertheless although the abovesaid Cecilia Nauton well knew that those beasts and goods were the aforementioned Edward Honinge’s own beast and goods and looking and pertaining to him of right did not deliver the same beasts and goods to the same Edward even though the same Cecilia to this on the said September 15 in the abovesaid 1^st year at the abovesaid Colchester in the abovesaid ward often was asked, but that same Cecilia scheming and fraudulently intending hotly and deceitfully to deceive and defraud the same Edward of the abovesaid beast and goods afterwards on the abovesaid September 16 in the abovesaid 1^st year at the abovesaid Colchester in the abovesaid ward and within the jurisdiction of this court converted and disposed the abovesaid beasts and goods into the own use and benefit of the same Cecilia, wherefore he says that he is worse off and has damages to the value of £200, and thereof he produces suit etc.

And the abovesaid Cecilia Nauton then at the same court by the abovesaid Henry Birchley his abovesaid attorney comes and defends force and injury when etc. And he seeks license thereof to emparl here until the said lord king’s next court of the abovesaid town to be held here, scilt., in the Mootehall abovesaid on Thursday, June 13 then to follow before the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc. And he has etc. The same day is given to the aforementioned Edward Honinge here at the same court etc.

At which certain next court held here, scilt., in the Mootehall abovesaid on the said Thursday the abovesaid June 13 [June 13, 1605] before the aforementioned Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that abovesaid town came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton by the abovesaid Henry Birchley his abovesaid attorney. And the abovesaid Cecilia Nauton by the abovesaid Henry Birchley his attorney comes and defends force and injury when etc., and says that she is not guilty thereof, and of this she puts herself on the countryside. And the abovesaid plaintiff similarly etc.

Therefore, according to the use and custom of that town etc., it is ordered by the same Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam Halfnoth, Matthew Harvye, Henry Brance, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of that court that they or some of them make to come at the said lord king’s next court to be held here, scilt., in the Mootehall abovesaid on Thursday June 20 next to come before the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., 12 free and lawful men of the vicinity of the East Ward abovesaid within the town of Colchester abovesaid by whom etc., and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid here at the same court etc.

At which certain next court here, scilt., in the Mootehall of the abovesaid town on the said Thursday the abovesaid June 20 [June 20, 1605] before the aforementioned Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., came both the abovesaid Edward by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton in her proper person.

And the abovesaid Cecilia Nauton put in her place Thomas Shaa against the aforementioned Edward Honinge in the abovesaid plea etc.

And the abovesaid Adam Halfnoth, Matthew Harvye, Henry Branche, and Winkin Bessell then the four serjeants at mace [IMG 2211] abovesaid and ministers of the court of that town return the precept abovesaid directed to them served and executed in everything together with the names of 12 free and lawful men of the vicinity of the East Ward abovesaid within the town of Colchester abovesaid named in a certain panel annexed to the abovesaid precept, viz., Robert Baxter, William Sympson, John Marshall, Thomas Turnor, John Tendringe, John Houlder, Thomas Parkynson, John Clenche, John Kinge, Adam Semarke, Robert Cale, Segismond Sewell, Andrew Glover, John Mould, William Kinge, George Harryson, Michael Arnold, Thomas Allen, John Hunwick, John Braxted, George Mould, William Burchall, William Rogers, and John Edlyn, of whom none of them came. Thereon according to the use and custom of the abovesaid town etc., the jury between the parties abovesaid concerning the abovesaid plea is put in respite here until the said lord king’s next court of the abovesaid town to be held according to the use and custom of that town etc., for default of jurors etc. The same day is given to the abovesaid parties here at the same court etc. Therefore according to the use and custom of the abovesaid town etc., at the same court it is ordered by the same Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam Halfnoth, Matthew Harvye, Henry Branch, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of this court that they or some of them have the bodies of the abovesaid jurors summoned in the abovesaid court between the abovesaid parties concerning the abovesaid plea before the said lord king’s bailiffs of the abovesaid town at the said lord king’s next court to be held in the Mootehall abovesaid on the said Thursday the abovesaid June 27 according to the use and custom of the abovesaid town etc., to make that jury, and let them have here at the same court that precept.

At which certain next court held here, scilt., in the Mootehall abovesaid on the said Thursday the abovesaid June 27 before the aforementioned Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa his abovesaid attorney. And the abovesaid Adam Halfnoth, Matthew Harvye, Henry Branch, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of this court return the abovesaid precept served and executed in everything according to the form and effect of the same as it appears in the panel. And the jurors of that jury, exacted, certain of them came and certain did not come as appears in the panel. Therefore the jury abovesaid between the abovesaid parties concerning the abovesaid plea is further put in respite until the said lord king’s next court of the abovesaid town to be held here, scilt., in the Mootehall abovesaid on Thursday, July 4 then next to come before the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., for default of the jurors etc. , and add 10 such of the vicinity of the East Ward abovesaid within the town of Colchester abovesaid according to the use and custom of that town. The same day is given to the abovesaid parties here at the same court. And at that same court it is ordered by the same by the same Martin Bessell and Thomas Heckford then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam [IMG 0785] Halfnoth, Matthew Harvye, Henry Branch, and Winkin Bessell the four serjeants at mace of the abovesaid town and ministers of this court that they distrain the abovesaid jurors summoned in the abovesaid court between the abovesaid parties by all their lands and chattels and that of the issues etc., so that they have their bodies before the said lord king’s bailiffs of the abovesaid town to the said lord king’s next court to be held in the Mootehall of the abovesaid town on July 4 according to the use and custom of the abovesaid town etc., to make the abovesaid jury between the parties abovesaid concerning the abovesaid plea and that 10 prudent and also free and lawful men of the abovesaid vicinity suspect to neither party to be placed on that jury and that they have their bodies at the abovesaid next court in the Mootehall of the abovesaid town to be held on the abovesaid July 4 then next following before the said lord king’s bailiffs of the abovesaid town according to the use and custom of the abovesaid town to make the abovesaid jury together with the other abovesaid jurors in the abovesaid form so that that jury not remain to be taken thereof at that day for default of jurors and they have here at the same court the names of the jurors whom they add anew, and that precept etc.

And thereon the abovesaid Cecilia by the abovesaid Thomas Shaa her abovesaid attorney proffers here in the same court the said lord king’s writ of habeas corpus that follows in these words:

James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to the bailiffs of our town of Colchester, greetings. We order you that you have the body of Cecilia Naunton detained as it is said under your custody in our prison under safe and secure conduct together with the day and cause of her taking and detention by whatsoever name the same Cecilia is known in the same before us at Westminster on Thursday next after Michaelmas month to do and receive all and singular those things that our court before us concerning this then and there shall have considered in this part. And have there then this writ. Tested J. Popham at Westminster June 19 in the 3^rd year of our reign of England, France, and Ireland and the 38^th of Scotland [June 19, 1605].

And he seeks that that writ be allocated. And it is granted to him. By the pretext of which the abovesaid bailiffs superseded proceeding further in the same court in the abovesaid plea until they have something other from the precept of the said lord king etc., according to the use and custom of the abovesaid town etc.

And afterwards , scilt., at the said lord king’s court of the abovesaid town held here, scilt., in the Mootehall abovesaid on Thursday July 17 in the 4^th year of the reign of the said now lord king of England, France, and Ireland and the 39^th of Scotland [July 17, 1606] before Henry Osborne and Nicholas Clare then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa his abovesaid attorney. And the abovesaid Edward Honinge by the abovesaid Thomas Hinde his attorney proffers here in court the said lord king’s writ to proceed, which follows in these words:

James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to the bailiffs of our town of Colchester, greetings. Although lately we ordered you by our writ that you have the body of Cecilia Nauton detained as it is said in our prison under your custody under safe and secure conduct together with the day and cause of his taking and detention by whatsoever name she is known in the same before us at Westminster on Thursday next after Michaelmas month last past to do and receive all and singular those things that our court before us should consider concerning this then and there in this part, nevertheless, for certain causes moving us now in our court before us, we order you and each of you that in whatsoever complaint against the aforementioned Cecilia at the suit of Edward Honinge armiger in our court before you or any of you raised or affirmed pending undetermined to proceed with that speed that it will seem you are able according to the law and custom of the abovesaid town, our abovesaid writ directed to you previously thereof to the contrary in anything notwithstanding. Tested J. Popham at Westminster July 9 in the 4^th year of our reign of England, France, and Ireland and the 39^th of Scotland [July 9, 1606].

And he seeks that writ to be allocated. And it is granted to him etc.

And thereon at the request and petition of the abovesaid Edward Honinge according to the use and custom of the abovesaid town etc., at the same court it is ordered by the aforementioned Henry Osborne and Nicholas Clere then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam Halfnoth, Matthew Harvye, Henry Branch, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of that court as formerly it was ordered to them that they distrain the jurors abovesaid summoned in the court here between the parties abovesaid by all their lands and chattels etc., and that of the issues etc., so that they or some of them have their bodies before the said lord king’s bailiffs of the abovesaid town at the said lord king’s next court to be held in the abovesaid Mootehall on Thursday August 28 then next following according to the use and custom abovesaid to make the abovesaid jury between the abovesaid parties concerning the abovesaid plea and that 10 both prudent and other free and lawful men of the vicinity of the East Ward abovesaid within the town of Colchester abovesaid suspect to neither party be placed on that jury and that they or some of them have their bodies at the next court in the Mootehall of the abovesaid town on the said August 28 then [IMG 0786] next following before the said lord king’s bailiffs of the abovesaid town according to the use and custom of the abovesaid town to make the abovesaid jury together with the other abovesaid jurors in the abovesaid form, so that that jury not remain thereof to be taken at that day by default of jurors, and that they have here at the same court the names of the jurors whom they added anew and the abovesaid precept. The same day is given to the parties abovesaid here at the same court etc.

At which certain next court held here, scilt., in the Mootehall abovesaid on the said Thursday August 28 [August 28, 1606] before the aforementioned Henry Osborne and Nicholas Clere the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his attorney abovesaid and the abovesaid Cecilia by the abovesaid Thomas Shaa his abovesaid attorney. And the abovesaid Adam Halfnoth, Matthew Harvy, Henry Branch, and Winkin Bessell the four serjeants at mace of the abovesaid town and ministers of this court now here in the same court according to the use and custom of the abovesaid town returned the abovesaid precept directed to them in the abovesaid form served and executed in everything together with the names of 10 such named in a certain panel annexed to the abovesaid precept, viz., William Lyvenige, George Chiborne, John Bradshawe, John Androwes, James Elkyn, Lawrence Gibson, William Dowe, Richard Steele, Thomas Kinge, and John Hughson according to the use and custom of the abovesaid town etc., none of whom came. And thereon the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa her attorney abovesaid proffers here in the same court the said lord king’s writ of privilege etc., that follows in these words:

James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to the bailiffs of our town of Colchester, greetings. It is shown to us on the part of Cecilia Nauton of Aldborough in your county that, whereas she and whatsoever our liege in coming to our court of the bench to prosecute or defend any plea or writ there or to remain there and return therefrom to her own ought and have been accustomed to be under our protection according to the liberties and privileges of our same court of the bench abovesaid used and approved in the same from a time whereof there is no memory, nevertheless certain malevolent people scheming to burden that Cecilia in many ways procured less justly the same Cecilia as she was coming to our abovesaid court this same term to speak with her counsel and attorney to have their advice in a certain plea of debt on a demand of £40 against her by a certain Robert Fryar whereof our writ for taking the abovesaid [IMG 2212] Cecilia lately emanated from our court directed to our sheriff of Suffolk and is returnable before our justices at Westminster at Michaelmas three weeks next to come to be arrested by your ministers and detained in our prison under the custody of you or any of you to the no small damage and burden of that Cecilia and against the abovesaid liberties and privileges, wherefore she supplicated us for a remedy to be given to her hastily, and we, wanting to be done to the same Cecilia in this part what is just and consonant to right and the liberties and privileges abovesaid to be inviolably observed, order you and each of you that if the abovesaid Cecilia is detained in our prison under the custody of you or any of you then you or some of you have that Cecilia by whatsoever name she is known together with the day and cause of the taking and detention of the same before our justices at Westminster at the quindene of Michaelmas so that the same our justices, the cause abovesaid having been seen, may be able to do in this part what of right and according to the custom of our realm of England and the abovesaid liberties and privileges should be done. Tested Edward Cooke at Westminster July 9 in the 4^th year of our reign of England, France, and Ireland and the 39^th of Scotland [July 9, 1606].

And she seeks that that writ be allocated, and it is granted. By pretext of which the abovesaid bailiffs superseded proceeding further in the same court in the abovesaid plea etc., until they have another order of the said lord king etc., according to the use and custom of the abovesaid town etc.

And afterwards, scilt., at the said lord king’s court of the abovesaid town held, scilt., in the mootehall abovesaid on Thursday June 25 in the 5^th year of the reign of the said our lord James by the grace of God king of England, France, and Ireland and the 40^th of Scotland [June 25, 1607] before John Bird and Ralph Northey then the said lord king’s bailiffs of the abovesaid town according to the use and custom of the abovesaid town etc., came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his attorney abovesaid and the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa her abovesaid attorney. And the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney proffers here in the same court the said lord king’s writ de procedendo, the tenor of which certain writ follows in these words:

James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to our bailiffs of our town of Colchester, greetings. Whereas it was shown to us on the part of Cecilia Nauton that certain malevolent people scheming to injury that Cecilia in many ways, less justly procured the same Cecilia as she was coming to our court of the bench at the Trinity term last past to speak with counsel and attorney to have their advice in a certain plea of debt on a demand of £40 prosecuted against her by a certain Robert Fryer whereof our writ for taking the abovesaid Cecilia emanated from our court of the bench abovesaid directed to our sheriff of Suffolk and is returnable before our justices at Westminster at Michaelmas three weeks last past to be arrested by your ministers and to be detained in our prison under the custody of you or some of you to the no small damage and burden of that Cecilia and against the liberties and privileges of our court of the bench abovesaid used and approved in the same from time whereof there is no memory, whereby we ordered you by our writ that if the abovesaid Cecilia is detained in our prison under the custody of you or some of you then you or some of you should have that Cecilia by whatever name she is known together with the day and cause of her taking and detention before our justices at Westminster at the aforementioned term so that our same justices, the abovesaid cause having been seen, may be able to do what of right and according to the law and custom of our realm of England and the abovesaid liberties and privileges should be done, nevertheless, because it sufficiently appears to our justices at Westminster that the abovesaid Cecilia not all can or ought enjoy the abovesaid liberties and privileges at present, therefore we order you and each of you that in all and singular pleas and complaints against that Cecilia had, moved, or pending in our court before you or any of you that you and each of you proceed according to the law and customs of our realm of England and the liberties and privileges of our town abovesaid with effect, our abovesaid writ of privilege lately directed to you to the contrary thereof in anything notwithstanding. Tested E. Cooke at Westminster February 12 in the 4^th year of our reign of England, France, and Ireland and the 40^th of Scotland [February 12, 1607].

And he seeks that that writ be allocated, and it is granted to him. And thereon at the petition and request of the abovesaid Edward Honinge it is ordered according to the use and custom of the abovesaid town at the same court by the aforementioned John Bird and Ralph Northey then the said lord king’s bailiffs of the abovesaid town to the aforementioned Adam Halfnoth, Matthew Harvye, Henry Brance, and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of that court as many times it was ordered to them that they distrain the abovesaid jurors summoned in the abovesaid court between the abovesaid parties by all their lands and chattels etc., and that of the issues etc., so that they have their bodies before the said lord king’s bailiffs of the abovesaid town at the said lord king’s next court to be held at the Mootehall abovesaid on Thursday July 2 then next following according to the use and custom of that town etc., to make the abovesaid jury between the abovesaid parties concerning the abovesaid plea, and have at the same court that precept etc. The same day is given to the abovesaid parties here at the same court. [IMG 2213]

At which certain next court held here, scilt., in the Mootehall abovesaid on the said Thursday the abovesaid July 2 [July 2, 1607] before the aforementioned John Bird and Ralph Northey then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa her abovesaid attorney. And the abovesaid Adam Halfnoth, Matthew Harvy, Henry Branch and Winkin Bessell then the four serjeants at mace of the abovesaid town and ministers of this court now here in court according to the use and custom of the abovesaid town etc., returned the abovesaid precept served and executed in everything together with the names of the jurors as it appears in the panel. And the jurors of that jury having been exacted, 12 of them, viz., William Sympson, John Marshall, Thomas Turnor, Thomas Parkenson, John Clench, Adam Semarke, Andrew Glover, John Braxted, George Mould, John Edlyn, William Lyveinge, and Lawrence Gibson, came, who chosen, tried, and sworn to tell the truth concerning the premisses say on their oath that the abovesaid Cecilia is guilty of the premisses imputed to her above in the manner and form as the abovesaid Edward Honinge abovesaid narrated against her. And they assess the damages of that Edward by occasion of those premisses beyond his outlays and costs put out on his suit in this part at £105, and for those outlays and costs at 6s8d. 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 here until the said lord king’s next court to be held in the Mootehall of the abovesaid town on Thursday July 9 then next to come [July 9, 1607] before the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town etc., [IMG 0787] to hear their judgment thereof, because the said lord king’s court here thereof not yet etc.

At which certain next court held here, scilt., in the Mootehall abovesaid on the said Thursday the abovesaid July 9 [July 9, 1607] before the aforementioned John Bird and Ralph Northey then the said lord king’s bailiffs of the abovesaid town according to the use and custom of that town came both the abovesaid Edward Honinge by the abovesaid Thomas Hinde his abovesaid attorney and the abovesaid Cecilia Nauton by the abovesaid Thomas Shaa his abovesaid attorney. Thereon, all and singular the premisses having been seen and more fully understood by the lord king’s court here and mature deliberation thereon having been had, it is considered by the same court that the abovesaid Edward Honinge recover against the aforementioned Cecilia Nauton his damages abovesaid assessed by the abovesaid jurors in the abovesaid form as well as £4 10s11d adjudicated to the same Edward Honinge for his abovesaid outlays and costs by the said lord king’s court here by his assent by way of increment, which certain damages in all amount to £109 17s7d, and the abovesaid Cecilia in mercy etc. Barker.

Afterward, scilt., Saturday next after the Octaves of Hilary this same term before the lord king at Westminster came the abovesaid Cecilia Nauton by Thomas Shawe his attorney and he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment manifestly it was erred

In the first place it was erred in this for this, viz., that in the abovesaid narration no certain time is alleged of the conversion of the beasts and goods abovesaid specified in that narration.

It was erred also in this that within the abovesaid town of Colchester there are and at the time of the affirmation and prosecution of the complaint abovesaid and at the time of the emanation and prosecution of the precept of venire facias abovesaid as well as from time whereof there is not memory of men to the contrary there were divers separate courts of the lord king held within the abovesaid town in the Mootehall of the same town, viz., one court entitled the court of the lord king of common pleas, one other court called the wardmoote courte, and one other court entitled the great court or convocation of the abovesaid town, and that at the abovesaid time of the emanation of the abovesaid precept of venire facias abovesaid, Martin Bessell and Thomas Heckforde were the said lord king’s bailiffs of the abovesaid town and the abovesaid Adam Hallesnothe, Matthew Harvy, Henry Branche, and Winkin Bessell at the same time of the purchase of that precept were ministers of the abovesaid court called the wardmoote court and of the great court, and that also whereas by the abovesaid record it appears that at the said lord king’s court of the abovesaid town held in the Mootehall abovesaid on Thursday June13 in the the abovesaid 3^rd year of the said now lord king’s reign it was ordered by the same then bailiffs to the same Adam Halsnothe, Matthew Harvye, Henry Branch, and Winkin Bessell then ministers of the court of that town that they make to come or some of them should make to come at the next court of the said lord king to be held in the Mootehall abovesaid on Thursday June 20 then next following 12 free and lawful men of the vicinity of the East Ward abovesaid within the town of Colchester abovesaid by whom etc., it does not appear by the abovesaid record in any certitude that the abovesaid Adam Halsnoth, Matthew Harvy, Henry Branch, and Winkin Bessell at the time of the emanation of the abovesaid precept of venire facias nor at the time of the return of the same were they or any of them ministers of the abovesaid court of the lord king in which the abovesaid complaint was affirmed by the abovesaid Edward against the aforementioned Cecilia in the abovesaid form nor of which abovesaid courts were they ministers nor were any of them ministers.

And the same Cecilia seeks the lord king’s court’s writ to warn the abovesaid Edward Honinge to be before the lord king to hear the abovesaid record and process. And it is granted to him etc., whereby it is ordered to the sheriff that by prudent and lawful men of his bailiwick he should make known to the aforementioned Edward Honinge to be before the lord king on the Octaves of the Purification of Blessed Mary wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Cecilia Nauton etc.

At which day before the lord king at Westminster comes the abovesaid Cecilia by her attorney abovesaid. And the sheriff did not send the writ thereof. And the abovesaid Edward Honinge at the same day solemnly exacted similarly comes by John Whittacres his attorney. Thereon the abovesaid Cecilia says that in the abovesaid record and process as well as in the rendering of the judgment abovesaid it was manifestly erred by alleging the abovesaid errors alleged by the same Cecilia in the abovesaid form. And she seeks that the abovesaid judgment on account of the abovesaid errors and others in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that she be restored to everything that she lost by occasion of the abovesaid judgment etc., and that the abovesaid Edward rejoin to the abovesaid errors etc., and that the court of the lord king here proceed to the examination both of the record and process abovesaid and of the matters assigned above as errors.

         And the abovesaid Edward says that neither in the abovesaid record and process nor in the rendering of the abovesaid judgment was it erred in anything. And he seeks similarly that the court of the lord king here proceed to the examination both of the record and process abovesaid and of the matters abovesaid assigned above as errors.

         And because the court of the lord king here is not yet advised to render its judgment of and on the premisses day is given thereof to the abovesaid parties before the lord king until the quindene of Easter wherever etc., to hear their judgment of and on the premisses, because the court of the lord king here thereof not yet etc. [IMG 0788]

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 thereof is given to the abovesaid parties before the lord king until the morrow of Holy Trinity wherever etc., to hear their judgment of and on the premisses, 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, both the abovesaid record and process and the judgment rendered on the same and the abovesaid causes and matters above assigned as errors by the abovesaid Cecilia having been seen and more fully understood by the court of the lord king here, because it seems to the court of the lord king here that neither in the abovesaid record and process nor in the rendering of the abovesaid judgment [IMG 2214] was it erred in anything and that that record is not vicious or defective in anything, it is considered that the abovesaid judgment be affirmed in everything and stand in all its strength and effect, the said matters above assigned for errors in anything notwithstanding, and further it is considered by the court of the lord king here that the abovesaid Edward recover against the abovesaid Cecilia £8 adjudicated to the same Edward by the court of the lord king here according to the form of the statute lately published and provided in this manner case for his outlays, costs, and damages that he sustained by occasion of the delay of the abovesaid execution by pretext of the prosecution of the said lord king’s writ of error and that the same Edward have thereof against the aforementioned Cecilia execution etc.

[Marginations:]

Let the judgment be affirmed; for outlays by occasion of the delay of the execution at £8.