John Peretrye v. John Gerlyng

     Eye attorneys: Henry Sterling, Lawrence Lomax

     Error plaintiff's king's bench attorney: Robert Grene

The lord king sent to the bailiffs of his town and borough of Heye alias Eye 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 and borough of Heye alias Eye, 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 and borough without our writ according to the custom of the same town and borough between John Peretrye and John Gerlyng alias Grynling concerning a certain trespass on the case inflicted on the same John Peretrye by the aforementioned John Gerling alias Grynling as it is said manifest error intervened to the grave damage of the same John Gerling alias Grynlyng 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 should send distinctly and openly the abovesaid record and process with everything touching them to us under your seals, and this writ, so that we have them on the morrow of Holy Trinity 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 our realm of England should be done. Tested me myself at Westminster April 27 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [April 27, 1607].

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

The Town and Borough of Heya alias Eye. The lord king’s court of record held at Eye abovesaid in the house or common hall called Syppewaye of the town and borough abovesaid by virtue of letters patent of the said now lord king on Saturday, scilt., January 10 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., scilt., of England, France, and Ireland the 4^th and of Scotland the 40^th [January 10, 1607] before John Pennyg and John Blowe the lord king’s bailiffs of the abovesaid town and borough of Eye abovesaid.

Complaint. John Peretrye by Henry Sterling his attorney complains against John Gerling alias Grynlyng concerning a plea of trespass on the case at damages of £10. And he finds pledges to prosecute his abovesaid complaint, scilt., John Doo and Richard Roo. And he seeks process of us the aforementioned bailiffs thereof to be made against the abovesaid John Gerling alias Grynlynge concerning the abovesaid plea etc. Therefore according to the custom of the abovesaid town and borough it is ordered to Nicholas Shene and Mathew Todd our serjeants at arms and ministers of the abovesaid town and borough that they or one of them take the abovesaid John Gerling alias Grynling if etc., and him safely etc., so that they have his body before us the aforementioned bailiffs at the next said now lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., January 17 then next to come [January 17, 1607] in the abovesaid house or common hall abovesaid before us the aforementioned bailiffs to answer the aforementioned John Peretry concerning the abovesaid plea. And the same day is given to the aforementioned John Peretrye here etc.

At which day, Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid in the abovesaid house or common hall abovesaid before us the aforementioned [bailiffs] on Saturday, scilt., January 17 [January 17, 1607] comes the abovesaid John Peretry and puts in his place the abovesaid Henry Sterling against the abovesaid John Gerling alias Grynlyng concerning the abovesaid plea etc. And the abovesaid serjeants at mace and ministers of the abovesaid court sent to us the aforementioned bailiffs that they by virtue of the abovesaid precept directed to them at the last court took the abovesaid John Gerling alias Grynling, whose body they have here ready to answer the aforementioned John Peretrye concerning the abovesaid plea by the mainprise of Edmund Kynge and Edward Balls two free burgesses of the town and borough abovesaid according to the custom etc., as by the abovesaid writ it was ordered to them etc.

And thereon the abovesaid John Gerling alias Grynlyng puts in his place Lawrence Lomax against the abovesaid John Peretry concerning the abovesaid plea etc.

And day is given to the abovesaid parties here until the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., January 24 [January 24, 1607] in the common hall abovesaid before us the aforementioned bailiffs by grace of the court etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on January 24 in the abovesaid common hall before us the aforementioned bailiffs came the abovesaid parties by their abovesaid attorneys etc. And further day is given to the abovesaid parties here until the next said lord king’s court of record at Eye abovesaid on Saturday, scilt., January 31 next to come [January 31, 1607] before us the aforementioned bailiffs in the common hall abovesaid by assent and by the prayer of the parties etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on January 31 abovesaid [January 31, 1607] before us the aforementioned bailiffs in the common hall abovesaid come both the abovesaid John Peretry and the abovesaid John Gerling alias Grynlyng by their abovesaid attorneys. And the abovesaid John Peretrye by Henry Sterling his attorney complains against John Gerling alias Grynlyng concerning a plea of trespass on the case for this, viz., that whereas a certain Katherine wife of the same John Gerling on June 4 in the 4^th year of the reign of our Lord James now king of England etc. and divers other days and times both before and afterwards was greatly oppressed with a certain sickness called the Great Scabbe and other ulcers and many other sicknesses not named very difficult to be cured and the same John Gerlinge alias Grynlyng, knowing the abovesaid John Peretrey to have expertise in curing this manner sicknesses and having the cure to heal his wife abovesaid of those sicknesses, on June 4 in the 4^th year abovesaid at Eye abovesaid and within the jurisdiction of this court agreed and made a concord with the abovesaid John Peretry that he the same John Peretry not only would take the same Katherine as boarder but also would do his best, in English, doe his best indevor, to cure and heal the abovesaid disease, in consideration of which the abovesaid John Gerling undertook on himself and then and there faithfully promised the aforementioned John Peretry to pay the premisses and to satisfy to the aforementioned John Peretry £10 of the lawful money of England when he should thereof be asked, and the abovesaid John Peretry further says that he on the hope that the abovesaid John Gerlinge wanted well and faithfully to perform his promise and undertaking abovesaid on June 4 in the 4^th year abovesaid at Eye abovesaid and within the jurisdiction of this court received the abovesaid Katherine the wife of the abovesaid John Gerlinge both as boarder and to cure the abovesaid members taking for the boarding of his abovesaid wife for each week 4s of the lawful money of England he put out divers sums of money on her for the space of 5 weeks at his own costs and expenses both for keeping her diet, in English, dyett, and for plasters and other medicines apt and suitable for the recuperation of the abovesaid sicknesses, nevertheless the abovesaid John Gerling not ignorant of the premisses but scheming and fraudulently intending totally to deceive and defraud the same John Peretry not only of his labor and sums of money put out in the abovesaid form for preparations of the medicines to cure the same Katherine of the abovesaid diseases but also for boarding in the meantime has not rendered the same £10 to the aforementioned John Peretrey or contented for the same in any way, but to this time has refused to render them to him and still [IMG 1596] refuses although the same John Peartrey recuperated the same Katherine wife of the same John Gerling from her abovesaid ills and although he asked the same John Gerling afterwards, scilt., January 1 in the 4^th year abovesaid at Eye abovesaid and within the jurisdiction of this court to pay the same £10 according to his promise abovesaid, wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc.

And the abovesaid John Gerling alias Grynlyng seeks thereof day to emparl here until the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., February 7 next to come before us the abovesaid bailiffs in the common hall abovesaid and then to answer the aforementioned John Pearetry concerning the abovesaid plea. And the same day is given to the aforementioned John Peretrey etc.

At which Saturday at the said lord king’s court of record held at Eye abovesaid on the abovesaid February 7 [February 7, 1607] before us the aforementioned bailiffs in the common hall abovesaid came the abovesaid parties by their abovesaid attorneys. And the abovesaid John Gerling alias Grynlyng by the abovesaid Lawrence Lomax his attorney comes and defends force and injury when etc. And he says that he did not undertake on himself in the manner and form as the abovesaid John Peretrye above against him complains etc. And of this he puts himself on the countryside etc. And the abovesaid plaintiff similarly etc. Therefore it is ordered to the aforementioned serjeants at mace and ministers of the abovesaid court that they should make to come here at the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., February 14 next to come before our aforementioned bailiffs in the common hall 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc. And the same day is given to the abovesaid parties here etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on the abovesaid February 14 before us the aforementioned bailiffs in the common hall abovesaid comes the abovesaid John Peartrey by his abovesaid attorney; and the abovesaid John Gerling alias Grynlyns does not come but makes himself to be essoined de malo veniendi here until the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt, February [2]1 next to come before us the aforementioned bailiffs in the common hall abovesaid etc. The same day is given to the abovesaid plaintiff here etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on February 21 before us the aforementioned bailiffs in the abovesaid common hall come the parties abovesaid etc. And because the abovesaid serjeants at mace and ministers of the abovesaid court did not send here the precept of venire facias 12 etc., between the parties abovesaid etc., therefore as formerly it is ordered to the aforementioned serjeants at mace and ministers of the abovesaid court etc., that they make to come at the same next court 12 etc., by whom etc., and who neither etc., to recognize in the form abovesaid etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on the abovesaid February 21 before us the aforementioned bailiffs in the common hall abovesaid come the parties by their abovesaid attorneys etc., and the abovesaid serjeants at mace etc., did not send here the precept of venire facias 12 etc. Therefore as many times it is ordered to the aforementioned serjeants at mace etc., that they make to come here at the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., February 28 next to come in the common hall abovesaid 12 etc., by whom etc., and who neither etc., to recognize in the form abovesaid etc. And the same day is given to the parties abovesaid there etc.

At which Saturday, scilt., the said lord king’s court of record held at Eye abovesaid on the abovesaid February 28 [February 28, 1607] before us the aforementioned bailiffs in the abovesaid common hall come both the abovesaid Peretrey and the abovesaid John Gerling by their abovesaid attorneys. And the abovesaid serjeants at mace etc., did not send here the precept etc. Therefore as many times it is ordered to the aforementioned serjeants at mace etc., that they make to come here at the next said lord king’s court of record to be held on Saturday, scilt., March 7 next to come before us the aforementioned bailiffs in the abovesaid common hall etc. 12 etc., by whom etc., and who neither etc., to recognize in the abovesaid form etc. And the same day is given to the parties abovesaid here etc.

At which Saturday at the said lord king’s court of record held at Eye abovesaid on the abovesaid March 7 [March 7, 1607] before us the aforementioned bailiffs in the common hall abovesaid come the abovesaid John Peretrey and John Gerling alias Grynlyng by their abovesaid attorneys etc. And the aforementioned serjeants at mace and ministers of the abovesaid court etc. send to our aforementioned bailiffs that by virtue of the abovesaid precept directed to them at the last court they made to come here 12 etc., scilt., Thomas Erle, John Nantdurrant, Nicholas Fulcher, Edward Thrower, John Thurston, Thomas Daye, Owin Goodwyn, John Bradstrete, Richard Thrower [IMG 1597] John Brook, Edmund Kyng, Richard Peake, William Dickynson, Edward Balle, Nicholas Culham, Robert Dodson, William Dilby, William Deye, John Fulcher, William Collyn, John Collyn, Thomas Cooke, Henry Davy, and William Charold, who exacted did not come but made default; therefore, each of them in mercy etc. Therefore it is ordered to the serjeants at mace and ministers of the abovesaid court that they distrain the abovesaid jurors by all their lands and chattels found in the abovesaid bailiwick etc., so that they have their bodies before us the aforementioned bailiffs at the next said lord king’s court of record to be held at Eye abovesaid on Saturday, scilt., March 14 next to come before the aforementioned bailiffs in the common hall abovesaid to make the jury between the parties abovesaid concerning the abovesaid plea etc. And the same day is given both to the abovesaid parties and to the abovesaid jurors here etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on March 14 [March 14, 1607] before us the aforementioned bailiffs in the abovesaid common hall the abovesaid parties come by their abovesaid attorneys, and the jurors whereof mention is made within, exacted, similarly come, scilt., John Nantdurrant, Edward Trower, John Thurston, Richard Peake, William Dyckynson, Nicholas Culham, Robert Dodson, William Bylby [sic], William Dey, John Fulcher, William Collyn, and John Collyn, who, chosen, tried, and sworn to tell the truth of and on the premisses say on their oath that the abovesaid John Gerling alias Grynlyng undertook on himself in the manner and form as the abovesaid John Peretrie above complains against him etc., and they assess the damages by that occasion at £5 1d beyond his outlays and costs, and for those outlays and costs at 12d. And because the court here wants to be advised concerning rendering its judgment of and on the premisses, day thereof is given to the abovesaid parties here until the next said lord king’s court of record to be held at Eye abovesaid, scilt., March 21 next to come [March 21, 1607] before us the aforementioned bailiffs in the common hall abovesaid etc., and then to hear their judgment etc., because the court here thereof not yet etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on the abovesaid March 21 next to come before us the aforementioned bailiffs in the common hall abovesaid come the abovesaid parties by their attorneys abovesaid etc. And because the court here thereof is not yet advised to render its judgment of and on the premisses etc., therefore day is given to the parties abovesaid here until the next said lord king’s court of record to be held at Eye abovesaid on Saturday March 28 next to come [March 28, 1607] before us the aforementioned bailiffs in the common hall abovesaid, and then to hear their judgment, because the court here thereof not yet etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on the abovesaid March 28 [March 28, 1607] before us the aforementioned bailiffs in the abovesaid common hall come the abovesaid parties by their abovesaid attorneys etc. And because the court here is not yet advised to render their judgment of and on the premisses, day further is given to the abovesaid parties here until the next court to be held on Saturday, scilt., April 4 next to come [April 4, 1607] before us the aforementioned bailiffs in the common hall abovesaid, and then to hear their judgment etc., because the court here thereof not yet etc.

At which Saturday, scilt., at the said lord king’s court of record held at Eye abovesaid on April 4 before us [IMG 0749] the aforementioned bailiffs in the common hall abovesaid came the parties abovesaid by their abovesaid attorneys etc. And the premisses having been seen, it is considered by the court that the abovesaid John Peretry recover against the aforementioned John Gerlyng alias Grynlyng his abovesaid damages at 100s and 1d assessed by the abovesaid jurors in the form abovesaid as well as 43s by consideration of the abovesaid court adjudicated by the court to the same John Peretrye for his outlays and costs by way of increment, which in all amounts to £7 3s1d etc., and the abovesaid John Gerling alias Grynlyng in mercy etc.

Which all and singular we the aforementioned bailiffs distinctly and openly send before the lord king at the day mentioned in the writ annexed to this schedule under our seals as by the abovesaid writ within it is ordered to us etc.

Afterwards, scilt., on Tuesday next after the morrow of Martinmas this same term before the lord king at Westminster comes the abovesaid John Gerling alias Grinlyng by Robert Grene his attorney. And he says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred in this, viz.,

that whereas by the abovesaid record it appears that on the affirmation of the abovesaid complaint a precept for taking the body of the same John Gerling alias Grinling was adjudged where according to the law of the land in this case a certain writ of summons against the same John Gerling alias Grynling on the affirmation of the complaint abovesaid and thereon another precept of attachment against the same John Gerling alias Grynling ought to have been adjudicated by the same court of the town and borough abovesaid before any precept for taking the body of the same John Gerling alias Grynling in this case emanated or was adjudicated.

Likewise it was erred in this that judgment was rendered in the abovesaid plea for the aforementioned John Peretry against the same John Gerling alias Grynling where according to the law of the land in this case judgment ought to have been rendered for the same John Gerling alias Grynling against the abovesaid John Peretry, and thus in the record and process abovesaid and also in the rendering of the judgment abovesaid manifestly it was erred.

On account of which certain errors and others apparent in the abovesaid record, the same John Gerling alias Grynling seeks that the abovesaid judgment be revoked, annulled, and completely had for nothing and that the same John Gerling alias Grynling be restored to everything he lost by occasion of the abovesaid judgment etc.