Thomas Fisher v. Ralph Pigatt of Chevinside in Duffield, carpenter

     Derby attorneys: Thomas Moore, Ranulph Leither

     Error plaintiff's king's bench attorney: William Brown

The lord king sent to the bailiffs, burgesses, and recorder of his town of Derby 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, burgesses, and recorder of his town of Derby, 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 Thomas Fisher and Ralph Pygatt concerning a debt of £16 that the same Thomas exacts from the aforementioned Ralph as it is said manifest error intervened to the grave damage of the same Ralph 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 as formerly we ordered you that if judgment has been rendered thereof then you send distinctly and openly the abovesaid record and process with everything touching them to us under your seal [sic], and this writ, so that we have them on the Octaves of Michaelmas wherever we shall then be in England, so that, the abovesaid record and process having been inspected we may make to be done further for the correction of that error what of right and according to the law and custom of our realm of England should be done or signify the cause to us why you have not wanted or be able to execute our order formerly directed to you thereof. Tested me myself at Westminster July 9 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [July 9, 1607]. Drawater.

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

The Borough of Derby. The court of the lord king of his borough of Derby held at the abovesaid borough in the mootehall there on April 22 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, and the 39^th of Scotland [April 22, 1606], before John Parker and Peter Gearye the lord king’s bailiffs of the abovesaid borough and Henry Duport armiger recorder of the same borough according to the liberties and privileges of the same borough used and approved from time whereof there is no memory of men.

At this court comes Thomas Fisher in his proper person and complains against Ralph Pigatt alias Ralph Pigatt of Chevinside in the parish of Duffield in the county of Derbyshire carpenter concerning a plea that he render to him £16 that he owes and unjustly detains etc. Pledges to prosecute: John Doo and Richard Roo. And he seeks process thereof to be made for him according to the custom of the abovesaid borough against the aforementioned Ralph. And it is granted to him. Thereon at the same court according to the custom of the abovesaid borough it was ordered to the serjeants at mace within the abovesaid borough and ministers of the abovesaid court and each of them that they take the aforementioned Ralph Pigatt if he should be found within the abovesaid borough and safely guard him so that they have his body at the next said lord king’s court of the abovesaid borough to be held in the mootehall there before the bailiffs and record or the same borough to answer the aforementioned Thomas Fisher concerning the abovesaid plea.

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on May 13 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 [May 13, 1606] before the aforementioned John Parker and Peter Gearye the said lord king’s bailiffs of the abovesaid borough and the abovesaid Henry Duport recorder of the same borough, Edward Hobbrooke and Christofer Harwood serjeants at mace within the abovesaid borough returned the abovesaid precept of capias directed in the abovesaid form served and executed, viz., that by virtue of the abovesaid precept they took the body of the within-named Ralph Pigatt, whose certain body [IMG 1062] they have before the aforementioned bailiffs and recorder as by the abovesaid precept it was ordered to them. And thereon the abovesaid Ralph Pigatt solemnly exacted appeared in his proper person to answer the aforementioned Thomas Fisher in the abovesaid plea. And he finds pledges, scilt., Robert Ball of Derby abovesaid who mainperned for the aforementioned Ralph Pigatt that if it happen that the same Ralph at the suit of the abovesaid Thomas is convicted then if the abovesaid Ralph not pay all the debts, damages, outlays and costs on the judgment thereof rendered to the aforementioned Thomas Fisher or not render himself to the said lord king’s jail of the abovesaid borough that the same Robert Ball would pay the same debts, damages, outlays, and costs on the judgment rendered thereof to the aforementioned Thomas Fisher or would render himself to the said lord king’s jail of the abovesaid borough.

And thereon the abovesaid Ralph then and there put in his place Thomas Moore his attorney admitted by the court here to gain or lose against the aforementioned Thomas Fisher in the abovesaid plea.

And similarly at the same court the abovesaid Thomas Fisher put in his place Ranulph Leither his attorney admitted by the court here to gain or lose against the aforementioned Ralph Pigatt in the abovesaid plea.

And the abovesaid Thomas Fisher then seeks day until the next said lord king’s court of the abovesaid borough in the mootehall to be held there before the bailiffs and the recorder of the same borough to narrate against the aforementioned Ralph Pigatt in the abovesaid plea, and he has it. And the same day is given to the aforementioned Ralph here etc.

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on June 3 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 [June 3, 1606] come both the abovesaid Thomas Fisher by his abovesaid attorney and the abovesaid Ralph Pigatt by his abovesaid attorney. And the abovesaid Thomas Fisher then by narrating against the aforementioned Ralph Pigatt says

and whereof the same Thomas Fisher by Ranulph Leither his attorney says that, whereas the abovesaid Ralph Pigatt on October 26 in the 2^nd year of the reign of our now Lord James king of England etc., and the 38^th of Scotland here at the borough of Derby and within the jurisdiction of this court by his obligatory writing sealed by the seal of the same Ralph and shown to the court here, the date of which is the abovesaid day and year, granted that he was bound to the same Thomas in the abovesaid £16 of the lawful money of England to be paid to the same Thomas when he should be asked thereof, nevertheless the abovesaid Ralph although often asked has not yet paid the abovesaid £16 to the same Thomas but has refused to this time to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £5. And thereof he produces suit etc.

And thereon the abovesaid Ralph Piggatt by the abovesaid Thomas Moore his attorney seeks license thereof to emparl until the next said lord king’s court of the abovesaid borough to be held in the mootehall there before the bailiffs and [IMG 2487] recorder of the same borough. And he has etc. The same day is given to the aforementioned Thomas Fisher etc.

[Similar sessions at the following dates with emparlments simply to the next court:

June 24

July 15

August 5][IMG 2488]

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on August 26 in the 4^th year of the reign of the said now lord king of England, France, and Ireland, defender of the faith, etc., and the 40^th of Scotland here come both the abovesaid Ralph Pigatt by his abovesaid attorney and the abovesaid Thomas Fisher by his abovesaid attorney. And the abovesaid Ralph Pigatt pleaded in bar, viz.,

And the abovesaid Ralph by Thomas Moore his attorney comes and defends force and injury when. And he seeks oyer of the abovesaid writing. And it is read to him etc. He seeks also oyer of the condition of the same writing, and it is read to him in these words [in English]:

The condicion of this obligacion is such that yf the above bounden William Smithe and Raphe Piggatt or either of them or the heires executors administrators or assignes of them or either of them doe in or upon the one and twentithe daye of may nex cominge well and trulie deliver & paye or cause to be delivered and paid unto the above named Thomas Fisher his executors administrators or assignes att the now dwellinge house of Raphe Spencer weyver scituate of Workesworthe Hill side one fother & nyne footes of good and marchantable peake leade in small peeces commonlie called pigges accomptinge thirtie footes to the fother and everie foote to conteyne six stones by the usuall weighte now used at the smiltinge howse mylne of mr. John Curzon esquier nere Workesworthe aforesaid and without fraude or further delaye that then this obligacion to be void and of none effect or els to stand and be in full power force & vertue.

Which having been read and heard, the same Ralph says that the abovesaid Thomas Fisher ought not to have or maintain his abovesaid action thereof against him, because he says that he delivered to the aforementioned Thomas Fisher the abovesaid lead, in English, the fother of leade and nyne footes, in the mansion house of the abovesaid Ralph Spencer at Wirksworth abovesaid within the jurisdiction of this court abovesaid on May 21 that he ought to have paid to the same Thomas on the same day according to the form and effect of the abovesaid condition. And this he is ready to verify, wherefore he seeks judgment if the abovesaid Thomas ought to have or maintain his abovesaid action against him etc.

And thereon the abovesaid Thomas Fisher by his attorney abovesaid seeks day until the said lord king’s next court of the abovesaid borough in the mootehall there before the bailiffs and recorder of the same borough to be held to replicate. And he has etc. The same day is given to the aforementioned Ralph Pigatte here etc.

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on September 16 in the 4^th year of the reign of the said now lord king of England, France, and Ireland and the 40^th of Scotland come both the abovesaid Thomas Fisher by his abovesaid attorney and the abovesaid Ralph Pigatte by his abovesaid attorney. And the abovesaid Thomas Fisher then by replicating says that he by anything alleged before ought not be precluded from having his abovesaid action, because he says that the abovesaid Ralph did not deliver to the aforementioned Thomas Fisher the abovesaid lead, in English, the fother of leade and nyne foote, in the mancional house of the abovesaid Ralph Spencer at Wirksworth abovesaid within the jurisdiction of this court on May 21 abovesaid as he [IMG 1063] ought to have paid to the same Thomas according to the form and effect of the abovesaid condition. And he seeks that this be inquired by the countryside. And the abovesaid Ralph similarly etc.

Therefore according to the custom of the abovesaid borough it is ordered to the serjeants at mace within the abovesaid borough and ministers of the abovesaid court that they make to come to the next said lord king’s court of the abovesaid borough to be held in the mootehall there before the bailiffs and the recorder of the same borough 12 lawful burgesses of the abovesaid borough by whom the truth of the matter can be better known and who neither touch the aforementioned Thomas Fisher plaintiff nor the aforementioned Ralph Pigatt defendant in the abovesaid plea by any affinity to make a certain jury of the countryside between the abovesaid parties concerning the abovesaid plea, because both the aforementioned Thomas Fisher and the aforementioned Ralph Pigatt between whom the contention is thereof have put themselves on that jury, and that he have there the names of the abovesaid jurors and the abovesaid precept. The same day is given to the abovesaid parties here etc.

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on October 7 in the 4^th year of the reign of the said now lord king of England, France, and Ireland and the 40^th of Scotland before Robert Brownell and Richard Wandell the lord king’s bailiffs of the abovesaid borough and the aforementioned Henry Duport armiger recorder of the same borough here come both the abovesaid Thomas Fisher by his abovesaid attorney and the abovesaid Ralph Pigatt by his abovesaid attorney. And Edward Holbrooke and Christofer Harwood serjeant at mace within the abovesaid borough and ministers of the abovesaid court did not send their precept. Therefore as before it is ordered to the serjeants at mace within the abovesaid borough and ministers of the abovesaid court that they make to come at the next said lord king’s court of the abovesaid borough to be held in the mootehall there before the bailiffs and recorder of the same borough 12 etc., by whom etc., and who neither etc., to recognize in the abovesaid form, because both etc. The same day is given to the abovesaid parties here etc.

[Similar orders at the sessions of

October 28

November 18 [IMG 1064]

December 9

December 30

January 20, 1607 [IMG 2489]

February 10]

At which certain next court of the said lord king of the abovesaid borough held at the abovesaid borough in the mootehall there on March 3 in the 4^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland here come both the abovesaid Thomas Fisher by his abovesaid attorney and the abovesaid Ralph Pigatt by his abovesaid attorney. And Christofer Harwood and Roger Moore serjeants at mace within the abovesaid borough and ministers of the abovesaid court return their precept together with a certain panel of 12 lawful burgesses of the abovesaid borough served and executed in everything. And thereon the jurors of that jury impaneled, viz., William Bludworth, Thomas Baggaley, William Else, Thomas Neale, Alexander Beardesley, Richard Harrison, jr., Richard Harwood, Thomas Streete, Anthony Bludworth, Elizeus Stanfeild, Roger Eaton, and William Fletcher sherman, exacted, similarly come, who, chosen, tried, and sworn to tell the truth concerning the premisses, say on their oath that the abovesaid Ralph Pigatt did not deliver to the aforementioned Thomas Fisher the abovesaid lead, in English, the fother of leade and nyne footes, specified in the abovesaid condition as the abovesaid Ralph Pigatte in his abovesaid bar above alleged, and they assess the damages of the same Thomas by occasion of the detention of that debt at 2d beyond his outlays and costs put out by him on his suit in this part, and for those outlays and costs at 2d. And because the lord king’s court here wants to advise [itself] of and on the premisses before it renders judgment thereof, day is given to the abovesaid parties here until the next said lord king’s court of the abovesaid borough to be held in the mootehall there before the bailiffs and the recorder of the same borough to hear thereof their judgment, because the same court here thereof not yet etc.

At which certain next said lord king’s court of the abovesaid borough held at the abovesaid borough in the mootehall there on March 24 in the 4^th year of the reign of the said now lord king of England, France, and Ireland and the 40^th of Ireland here come both the abovesaid Thomas Fisher by his abovesaid attorney and the abovesaid Ralph Pigatt by his abovesaid attorney. And thereon the premisses having been seen and understood by the court here, it is granted by the court that the abovesaid Thomas Fisher recover against the aforementioned Ralph Pigatt his abovesaid debt and his damages [IMG 2490] assessed in the abovesaid form at 2d by the abovesaid jurors as well as 15s 5d adjudicated to the same Thomas Fisher at his request for his outlays and costs abovesaid by the court here by way of increment, which certain damages, outlays, and costs in all amount to 15s7d, and the abovesaid Ralph in mercy etc.

Afterwards, scilt., on Saturday next after the Octaves of St. Hilary this same term before the lord king at Westminster comes the abovesaid Ralph Pigatt by William Browne his attorney. And immediately he says that in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred in this, viz.,

that whereas by the abovesaid record it appears that the abovesaid Ralph pleaded that he the same Ralph delivered to the same Thomas Fisher the abovesaid lead, in English, the fother of leade & nyne foote, in the abovesaid mancional house of the abovesaid Ralph Spencer at Wirksworth abovesaid on the abovesaid May 21 that he ought to have paid the same Thomas on the same day according to the form and effect of the abovesaid condition and that the abovesaid Thomas by replicating alleged that the abovesaid Ralph did not deliver to the same Thomas the abovesaid lead, in English, the fother of leade & nyne foote, in the manner and form as the same Ralph by pleading alleged, and thereon issue joined between the abovesaid parties concerning the abovesaid plea the jurors impaneled and sworn to try the abovesaid issue said on their oath that the abovesaid Ralph Pigatt did not deliver to the aforementioned Thomas Fisher the abovesaid lead, in English, the fother of leade & nyne footes, specified above in the abovesaid condition as the abovesaid Ralph Pigatt in his abovesaid bar alleged, where in truth the same Ralph alleged that the same Ralph delivered to the aforementioned Thomas the abovesaid lead, in English, the fother of leade & nyne footes, and thus there is no right trial of the abovesaid issue as it ought, and therefore it was erred.

Likewise that the judgment rendered is for the plaintiff, where by the law of the land it ought to have been rendered for the defendant.

[Nothing more appears.]