Adam Wytherby v. Thomas Percyvall
Ipswich attorney: Thomas Gose
Error on a case in the court of Ipswich, Suffolk
AALT images for Wytherby v. Percyvall 0055, 0056This case of error on a case in the court of Ipswich, Suffolk, concerned a suit of debt for wages earned by the employee on a hiring for 8 years as a weaver, probably an apprenticeship agreement by which the employer owed him 40s at the end of the term. The court found in favor of the employee; the employer brought the case of error and assigned as the error non-compliance with the statute requiring a one session delay between joinder in issue and the taking of the verdict.
[0055] The lord king sent to the bailiffs of his town of Ipswich his writ close in these words:
Henry VIII by the grace of God king of England and France, defender of the faith, and lord of Ireland and on earth the supreme head of the English church to the bailiffs of his town of Ipswich, 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 Adam Wytherby and Thomas Percyvall of this that the same Thomas render to the aforementioned Adam 40s manifest error intervened to the grave damage of the same Thomas as we have received from his complaint, we, wanting the error if any there was to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you that if judgment has been rendered thereof then send the record and process abovesaid with all things touching them to us under your seals distinctly and openly and this writ, such that we have them on the Octaves of St. John wherever then we shall be in England, so that, the abovesaid record and process having been inspected we may make to be done further thereof that which of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster February 1 in the 30th year of our reign [February 1, 1539].
The record and process of which mention is made in the abovesaid writ follow in these words:
Ipswich. The court held there on Tuesday next after the feast of St. Luke the evangelist in the 30th year of the reign of King Henry the eighth after the conquest by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth supreme head of the English church [October 22, 1538] before William Sabyn and William Notyngham then bailiffs of the said lord king there.
At which day Edmund Draper one of the serjeants at mace of the abovesaid town and minister of the abovesaid court by virtue of a precept directed to him before returned to that same court Thomas Percyvall attached to answer Adam Wytherby concerning a plea that he render to him 40s. And the parties were exacted. And the abovesaid Adam Witherby in his proper person appeared, and the said defendant likewise by Thomas Gose his attorney. And whereof the same plaintiff says that, whereas he the defendant retained the same plaintiff in his service to serve him in the mystery of the weavers craft, viz., from September 2 in the 18th year of the reign of King Henry the eighth after the conquest [September 2, 1526] at Ipswich abovesaid within the jurisdiction of that court to serve the same defendant as said above in the abovesaid mystery from the abovesaid September 2 until the end of a term of 8 years then next following be fully completed and ended and then and there the same defendant granted to give and to pay the aforementioned plaintiff for his wage and salary for his abovesaid service at the end of the term abovesaid 40s of lawful money; and for the whole time abovesaid he the plaintiff well and faithfully served the aforementioned defendant in the mystery of weavers craft abovesaid, and although that defendant often asked for the abovesaid 40s at the end of the abovesaid term and often thereafter, and this he refused and still refuses and unjustly does he owe and detain, wherefore he the plaintiff says that he is worse off and has damages to the value of 20s and thereof he produces suit etc.
And the abovesaid defendant comes and defends force and injury when etc., and all and whatever etc., and seeks license here to emparl thereof until the Tuesday next after the day of St. Martin the bishop next following [November 12, 1538], and it is granted to him.
Ipswich. The court held there on Tuesday next after the day of St. Martin the bishop in the 30th year of the reign of King Henry eighth from the conquest by grace of God king of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church [November 12, 1538] before the abovesaid bailiffs.
At which day the abovesaid parties were exacted and appeared, and the said defendant by his attorney abovesaid says that he did not owe the aforementioned plaintiff the abovesaid 40s nor any parcel of them in the manner and form as that plaintiff narrated against him, and he seeks that it be inquired by the countryside. And the plaintiff similarly. And thereon it was ordered to the aforementioned Edmund Draper then minister of the court abovesaid to summon 12 prudent and lawful men of the vicinity of the abovesaid town who are not in any affinity to the abovesaid parties to be at the court to be held in the guildhall of the abovesaid town on the next Tuesday after the Octaves of St. Hilary next following [January 14, 1539] etc.
Ipswich. The court held there on the Tuesday next after the Octaves of St. Hilary in the 30th year of the reign of King Henry eighth after the conquest by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth supreme head of the English church [January 14, 1539] before the abovesaid bailiffs.
At which day Edmund Draper then minister of the abovesaid court returned that he summoned 12 prudent and lawful men, viz., Richard Kenyngton, John Bate, John Wylton, Robert Cooke, John Archer, John Heyward, John Reward, Lewis Harres, Thomas Holland, William Hawes, Richard Revers, John Botriche, and William Rose to be here at the abovesaid court. And the parties as well as the jurors were exacted and appeared. [IMG 0056] And the said jurors were chosen, tried, and sworn on the matter and cause abovesaid, who say on their oath that the abovesaid defendant owes the said plaintiff the abovesaid 40s in manner and form as that plaintiff above narrated against him, to the damage of the same plaintiff at 8d and costs 4d. Therefore it is considered by the court that the plaintiff recover his debt abovesaid with the damages and costs, and further there is given to him by way of increment of costs surrounding the abovesaid recovery 2s etc.
Afterwards, scilt., on October 30 in this same term before the lord king at Westminster comes Thomas Percyvall in his proper person, and he says that in the record and process abovesaid as well as in the rendering of the abovesaid judgment manifestly it was erred for this, viz.,
that the statute in this manner of case provided, established and enacted that after anyone put himself on any jury there be allocated to him one essoin or one default before this manner jury between those parties on this manner issue joined between them be tried and taken, and in the record abovesaid it appears above that the abovesaid jury between the abovesaid parties of and on the issue abovesaid joined between them in the abovesaid form was taken between the same parties with no essoin or any default allocated to the aforementioned defendant, as above appears of record.
And the same Thomas Percyval seeks the lord king’s writ to warn the abovesaid Adam Wytherby to hear the record and process abovesaid, and it is granted to him. Whereby it is ordered to the sheriff that by prudent etc., he should make to be known to the aforementioned Adam that he be before the lord king on the Octaves of St. Hilary wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Thomas Percyvall etc.
At which day before the lord king at Westminster comes the abovesaid Thomas Percyvall in his proper person, 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 known to the aforementioned Adam that he be before the lord king at the 15th day after Easter wherever etc., to hear the abovesaid record and process if etc., and further etc. The same day is given to the aforementioned Thomas Percyvall etc.
At which day before the lord king at Westminster comes the abovesaid Thomas Percyvall in his proper person, 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 Adam that he be before the lord king at the 15th day from Holy Trinity wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas Percyvall etc.
At which day before the lord king at Westminster comes the abovesaid Thomas Percyvall in his proper person, and the sheriff did not send the writ thereof. Therefore as many time it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned Adam that he be before the lord king at the 15th day after St. Michael wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas Percyvall etc.