William Best and Lareta his wife late wife and executrix of John Fay v. John Dever

     King's Bench error plaintiff's attorney: Richard Heywood

AALT images for Best v. Dever
0070, 0071, 0284

This action of error on a case of debt in the court of Dartmouth yields a record of a case that was apparently pursued without the help of attorneys in the Dartmouth court, and the narration appears in English. The court supervised on an unsuccessful resort to arbitration to try to resole the case before proceeding to the narration. The pledge for the defendant in this case assumed an active role and finally assumed payment of the debt.

The lord king sent to the mayor and bailiffs of his town of Dartmouth 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 the supreme head of the English church to the mayor and bailiffs of his town of Dartmouth, greetings. Because in the record and process and also in the rendering of judgment in 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 William Best and Lareta his wife late the wife and executrix of the testament of John Fay and John Dever of this that the same John Dever render to the aforementioned William and executrix £7 13s4d manifest error intervened to the grave damage of the same John Dever as from his complaint we have accepted, 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, we order you, if judgment has been rendered thereof, that you then should send distinctly and openly the record and process abovesaid with all things touching them to us on the Octaves of St. Michael wherever we shall be then in England under your seals, and this writ, so that, the abovesaid record and process having been inspected, we may make to be done further thereof what of right and according to the law and custom of our realm of England should be done. Tested me myself at Brechurche September 17 in the 30^th year of our reign [September 17, 1538].

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

Clifton, Dartmouth, Hardness. The court there before the mayor and bailiffs there held on Monday before the feast of the Purification of the Blessed Virgin Mary in the 29^th year of the reign of King Henry VIII [January 28, 1538].

William Beste and Lareta his wife lately the wife and executrix of the testament of John Fay complain of John Dever in a plea of debt, who is attached by his bail and delivered by pledge of Thomas Perott. And the same John Dever by assent of the party complaining recognizes that he is bound to the lord mayor of the abovesaid town in £20 sterling to appear here in court on Monday before the feast of the Purification next after the date of this court to answer the aforementioned plaintiff concerning the abovesaid plea by the abovesaid pledge.

Clifton, Dartmouth, Hardness. The court held before the mayor and bailiffs there on Monday after the feast of the first Sunday after Easter in the 30^th year of the reign of King Henry VIII [April 29, 1538].

At this court William Beste and Lareta his wife lately the wife and executrix of the testament of John Fay plaintiff and John Dever defendant recognize that they and each of them are obligated to the lord mayor of the abovesaid town in £10 sterling to stand to the ordinance, arbitration, and judgment of Andrew Selake and Robert Colyns arbitrators chosen between them of and on all and all manner actions, suits, complaints, trespasses, debts, debates, and demands whatsoever had, made or pending between them before the present date, so that this manner judgment be made and rendered here before the next court; if they cannot agree, then the parties abovesaid have day by the court for that plea to be pleaded at the next court etc.

Clifton, Dartmouth, Hardness. The court held there before the mayor and bailiffs there on May 6 in the 30^th year of the reign of King Henry VIII [May 6, 1538].

At this court come Andrew Selake and Robert Colyns arbitrators chosen between the abovesaid parties and say that they cannot agree of and on the abovesaid plea etc. And because the said John Dever did not come to this court to answer the aforementioned William and Lareta, therefore Thomas Perott pledge of the said defendant in mercy etc.

Clifton, Dartmouth, Hardness. The court held there before the mayor and bailiffs there on Monday before the feast of the Ascension of the Lord in the 30^th year of the reign of King Henry VIII [May 27, 1538].

William Beste and Lareta his wife lately the wife and executrix of the testament of John Fay complain of John Dever in a plea of debt.

[In English:] The seyd plaintiffs that beeth in ther proper persons sayth that the defendant wrongfully witholdith & payth them not £7 13s4d sterling which he owith them & payth them not forasmych the 24^th day of December in the 15^th yere of our soverayn lorde Kynge Henry theight here at Clifton Dertemouth Hardenesse within the jurisdiction of this courte oone Wylliam Deane & John Dever now defendant bought of the forsaid John Fay 5 hogghhedes of clarett wyne at the price of £5 sterling and 4 hundred weight resons price of 26s8d and 4 sortes of feges price of 26s8d, the hole somme amounteth to £7 13s4d nowe in demande and the foresayd Wylliam Deane & John Dever aforeseyd promysed & every of them promysed to the [IMG 0071] above wryten John Fay the seyd £7 13s4d nowe in demaunde to the fest of Saynt John the Baptist next ensuying the date abovewryten that they wolde make payment or one of them to make payment to the seyd John Fay or to his executours & assignes after that ye sayme contracke & bargayne so made by the above wryten Wylliam Dean & John Dever now the defendant the seyd Wylliam dyed & by the reson of the seyd contract & bargen the defendaunt stode charged to make payment of the hole somme of mony nowe in demaunde to the seyde John Fay by the reson whereof the 13^th day of Octobere next ensuying the date above wrytten here at Clifton Dartemouth Hardenesse within the jurisdiction of this cowrt the defendant promysed to the seyd John to make hym fulle payment of the seyd mony nowe in demande at any tyme when he therunto shuld be lawfully requyred by the seyd John Fay where as the defendant at no tyme made the seyd John Fay payment and after that the seyd John Fay yn his parfytt mynde made Larete his wyffe his executrix & so John Fay dyed, after whose deth she was admyttyd as executrix by the ordynary to the seid John Fay by testament which is here at alle tymes redy to be shewyd, after that the seid Larete toke Wylliam Beste to hosbond & to thend the sacrament of matrymonye mynystred in the churche of Kyngeswere by reson whereof the dett acruyth to the seyd pleyntyffes where as the seyd plaintiffs have come to the defendant & requyred hym to make payment of the same dett now indemaunde & as that to do the defendant hath at alle tymes denyed as yet doth to the grete grevous hurte & damage of the plaintiffs of 33s4d sterlinge besyde the pryncipall & [in Latin:] thereof they produce suit.

At which day the aforementioned John Dever did not appear but defaulted etc. Nevertheless, the abovesaid Thomas Perott the pledge of the same defendant comes and defends force and injury when etc., and says that if the said John Dever will not appear here in the court of the abovesaid town on the Monday next to come to answer the aforementioned William and Lareta concerning the abovesaid plea, then the same Thomas Perott promised in open court to pay the whole sum of money above in demand to the aforementioned William and Lareta without any delay.

Clifton, Dartmouth, Hardness. The court held there before the mayor and bailiffs there on Monday before the feast of Pentecost in the 30^th year of the reign of King Henry VIII [June 3, 1538].

At which day the abovesaid John Dever did not appear to answer the aforementioned William Beste and Lareta his wife concerning the abovesaid plea but made another default, and thus for lack of response in this part the same John Dever is condemned of the debt abovesaid, and the said plaintiffs seek from the mayor and bailiffs judgment to be made thereon; nevertheless at the request of the said Thomas Perott and by the assent of the parties complaining judgment is respited until the next court.

Clifton, Dartmouth, Hardness. The court held there before the mayor and the bailiffs there on Monday, viz., morrow of Trinity in the 30^th year of the reign of King Henry VIII [June 17, 1538].

At this court the mayor and bailiffs of the abovesaid town gave judgment in the guildhall of the abovesaid town that the said William Beste and Lareta his wife recover from the John Dever the debt above in demand in which he is condemned by lack of response as appears in the court preceding. Therefore let happen execution against Thomas Perott pledge of the said John Dever etc.

Afterwards, scilt., on November 10 this same term before the lord king at Westminster comes the abovesaid John Dever by Richard Heywood his attorney and says that in the abovesaid record and process as well as in the rendering of the abovesaid judgment it was manifestly erred for this, viz.,

at the court [before] the said mayor and bailiffs held [IMG 0284] on the Monday on the morrow of the Holy Trinity in the 30^th year abovesaid, at which certain court judgment was rendered of and on the premisses between the parties, in this that neither part of the abovesaid parties appeared at the same court, whereby the plea abovesaid was totally discontinued, as appears above of record etc.

And further in the abovesaid record it was erred because the abovesaid mayor and bailiffs in the rendering of the abovesaid judgment gave no damages to the aforementioned William Best and Laretta for detention of the debt abovesaid nor for his outlays and costs sustained by him on his suit, nor in that judgment does it appear that the defendant would be in mercy as by the law of the land he ought to be.

And the same John Dever seeks the lord king’s writ to warn the abovesaid William and Laretta 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 that by prudent etc., he should make to be known to the aforementioned William and Laretta that they be before the 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 John Dever etc.

At which day before the lord king at Westminster come the abovesaid John Dever by his attorney abovesaid, and the sheriff did not send the writ thereof. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William and Laretta that they 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 Dever etc.

At which day before the lord king at Westminster comes the abovesaid John Dever by his abovesaid attorney. And the sheriff did not send the writ thereof. Therefore as many times it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William and Laretta that they be before the lord king at 15 days after the day of the Holy Trinity wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned John Dever etc.

At which day before the lord king at Westminster comes the abovesaid John Dever by his abovesaid attorney, and the sheriff did not send the writ thereof. Therefore as many times it is ordered to the sheriff that by prudent etc., he should make to be known to the aforementioned William and Laretta that they be before the lord king at one month after the day of St. Michael wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John Dever etc.

At which day before the lord king at Westminster comes the abovesaid John Dever by his abovesaid attorney, and the sheriff returns that the abovesaid William and Laretta have nothing in his bailiwick whereby to make them to know nor are they found in the same. Therefore as many times it is ordered to the sheriff that by prudent etc., he make it to be known to the aforementioned William and Laretta that they be before the lord king on the Octaves of St. Martin wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John Dever etc.

At which day before the lord king at Westminster comes the abovesaid John Dever by his abovesaid attorney, and the sheriff returns that the abovesaid William and Laretta have nothing in his bailiwick whereby he can make it to be known to them nor are they found in his bailiwick, and the abovesaid William and Laretta [the body of the enrollment simply stops at this point, but there is the margination as below.]

[margination:] Let the judgment be revoked.