Thomas Pye, sr., v. Robert Meadowe of Woolverstone executor of Robert Meadowe of Westerfield yeoman
Ipswich attorneys: George Wynnyffe, Richard Dawtrey
King's Bench error plaintiff's attorney: Henry Buttes
Error in king's bench (Michaelmas term, 1607) on an action in the court of Ipswich, Suffolk
AALT images for Pye v. Meadowe This action of error on a case of debt on an obligation in the court of
Ipswich resulted in a special verdict in the alternative and required the
Ipswich court’s resolution about whether an executor’s retention of
the testator’s money as payment of a simple debt that had been owed
by the testator to the executor made that money unavailable for claims
by other creditors. The case also is good to show how local courts
handled cases against non-residents through the use of mainpernors. The lord king sent to his bailiffs of his town of Ipswich 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 his 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 Thomas Pye sr. and Robert
Meadowe late of Woolverstone in the county of Suffolk yeoman
executor of the testament of Robert Meadow lately called Robert
Meadowe of Westerfield in the county of Suffolk yeoman of this
that the same executor render to the aforementioned Thomas £40
as it is said manifest error intervened to the grave damage of the
same Robert as from his complaint we have received, 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 at Easter three weeks 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
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 February 6 in the 4th year of our reign of England,
France, and Ireland and the 40th of Scotland [February 6, 1607]. The record and process of which mention is made in the abovesaid writ
follow in these words: The Borough and Town of Ipswich in the County of Suffolk. The
court of the lord king of the borough and town abovesaid held at
Ipswich in the guildhall of the same borough and town on May 3 in
the 4th year of the reign of the Lord James by the grace of God king
of England, France, and Ireland, defender of the faith etc., and the
39th of Scotland [May 3, 1606] according to the custom of the
borough and town abovesaid used and approved in the same town
from time whereof the memory of men runs not to the contrary
before William Sparrowe and Mathew Brownrigge bailiffs of the
said lord king of that borough and town. At that court comes Thomas Pye sr. in his proper person and
complains against Robert Meadowe late of Woolverstone in the
county of Suffolk yeoman executor of the testament of Robert
Meadowe lately called Robert Meadowe of Westerfield in the
county of Suffolk yeoman concerning a plea that he render to him
£40. And he finds pledges to prosecute his complaint abovesaid,
scilt., John Doo and Richard Roo. And he seeks process against
the same Robert to be made thereof according to the custom of the
borough and town abovesaid, and it is granted to him. Thereon according to the custom of the borough and town
abovesaid used from all the time abovesaid within the same town it
is ordered to Richard Beamont one of the serjeants at mace and
minister of the court of the abovesaid borough and town that he
summon the abovesaid Robert to be before the bailiffs of the said
lord king of the abovesaid borough and town at the same court in
the guildhall of the abovesaid borough and town according to the
custom of that borough and town held then and there to answer the
aforementioned Thomas Pye concerning the abovesaid plea. And the abovesaid Richard Beamont serjeant at mace and minister
of the court of the borough and town abovesaid then and there at
the same court returns the precept directed to him in the abovesaid
form served and executed in due manner, viz., that the abovesaid
Robert Meadowe was summoned by John Denn and Richard Fenn. And thereon at the abovesaid court the same Thomas Pye
puts in his place George Wynnyffe against the aforementioned
Robert Meadowe concerning the abovesaid plea. And afterwards, scilt., at the same court held then and there before
the aforementioned bailiffs the same Thomas by his abovesaid
attorney offered himself against the aforementioned Robert
concerning the abovesaid plea. Thereon at the same court according to the custom of the
abovesaid borough and town before the aforementioned bailiffs of
the said lord king of the abovesaid borough and town comes the
abovesaid Robert Meadowe in his proper person and then and there
puts in his place Richard Dawtrey against the abovesaid Thomas
Pye concerning the abovesaid plea. And thereon the same Thomas Pye at the same court by his
abovesaid attorney by narrating against the aforementioned Robert
concerning the abovesaid plea complains against the same Robert
in the form that follows, viz., Robert Meadowe late of Woolverstone in the county of
Suffolk yeoman executor of the testament of Robert
Meadowe lately called Robert Meadowe of Westerfield in the
county of Suffolk yeoman was summoned to answer Thomas
Pye sr. concerning a plea that he render to him £40 that he
unjustly detains etc. And wherefore the same Thomas by
George Wynnyffe his attorney says that, whereas the
abovesaid Robert Meadowe testator in his life, scilt., June 14
in the 40th year of the reign of the Lady Elizabeth late queen
of England at Ipswich within the jurisdiction of this court by
his certain obligatory writing granted that he was bound to
the same Thomas in the abovesaid £40 to be paid to the same
Thomas when he was thereof required, nevertheless the
abovesaid Robert Meadowe testator in his life and the
abovesaid Robert Meadowe executor after the death of the
abovesaid Robert Meadowe testator although often required
has not yet rendered the abovesaid £40 to the same Thomas
but until this time has refused to render them to him and the
abovesaid Robert Meadowe executor still refuses to render
and unjustly detains, wherefore he says that [IMG 0095] he
is worse off and has damages to the value of £10. And
thereof he produces suit etc. And he proffers here in court
the abovesaid writing that attests the abovesaid debt in the
form abovesaid, the date of which is the day and year
abovesaid etc. Pledges to prosecute: John Doo and Richard
Roo. And the abovesaid Robert Meadowe by his attorney then and
there comes and defends force and injury when etc. And he seeks
license thereof to emparl here until the court of the said lord king
of the abovesaid borough and town to be held in the guildhall of
the abovesaid borough and town before the lord king’s bailiffs of
that borough and town, scilt., June 25 then next following
according to the custom abovesaid. And it is granted to him. And
thereon day is given to the abovesaid parties there until the same
court, viz., to the aforementioned Robert Meadowe to emparl and
then to answer etc. And thereon at the same court come the certain Samuel
Frenche and John Warner in their proper persons and according to
the custom of the borough and town abovesaid used and approved
in the same town from time whereof the memory of men does not
run to the contrary they mainperned for the aforementioned Robert
Meadowe that if it happen that the same Robert in the abovesaid
plea be convicted, then the same mainperners grant for themselves,
their executors and administrators and each of them that this
manner debt, damages, outlays, and costs that should be
adjudicated to the aforementioned Thomas Pye in this part should
be made from the lands and chattels of the same Samuel and John
and levied to the use of the said Thomas if the abovesaid Robert
Meadowe not pay those debt, damages, outlays, and costs or render
himself to the prison of the said lord king within the said borough
and town of Ipswich in execution thereof. At which certain court of the said lord king of the borough
and town abovesaid held before the aforementioned bailiffs of the
said lord king of the borough and town abovesaid on the said June
25 in the 4th and 39th abovesaid years at Ipswich abovesaid in the
guildhall of the borough and town abovesaid come both Thomas
Pye and the abovesaid Robert Meadowe by their abovesaid
attorneys. And thereon the same Robert by his abovesaid attorney
then and there seeks license further to emparl thereof here until the
court of the said lord king of the borough and town abovesaid to be
held in the guildhall of the borough and town abovesaid before the
bailiffs of the same borough and town, scilt., on August 6 then next
following according to the custom abovesaid. And it is granted to
him etc. Thereon day is given to the abovesaid parties there until
the same court, viz., to the aforementioned Robert Meadowe to
emparl and then to answer etc. At which certain court of the said lord king of the abovesaid
borough and town held before the said lord king’s aforementioned
bailiffs of the abovesaid borough and town on August 6 in the
abovesaid 4th year of the reign of the now lord king of England and
the 40th of Scotland [August 6, 1606] at Ipswich abovesaid in the
guildhall of the abovesaid borough and town come both [IMG
1113] the abovesaid Thomas Pye and the abovesaid Robert
Meadowe by their attorneys abovesaid. And the abovesaid Robert Meadowe by his abovesaid
attorney then and there comes and defends force and injury when
etc., and says that the abovesaid Thomas ought not to have his
action against him, because he says that he fully administered all
the goods and chattels that were of the abovesaid Robert testator at
the time of his death and that he has no goods or chattels that were
of the same Robert testator at the time of his death in his hands to
be administered nor had on the day of the levying of the complaint
of the abovesaid Thomas nor ever afterwards. And this he is ready
to verify, wherefore he seeks judgment if the abovesaid Thomas
ought to have his action abovesaid against him etc. And the abovesaid Thomas says that he by anything alleged
before ought not to be precluded from having his abovesaid action,
because he says that the abovesaid Robert executor on the day of
the raising of the complaint of the same Thomas, scilt., April 26 in
the 4th year of the reign of the now King James [April 26,1606] had
divers goods and chattels that were Robert the testator’s at the time
of his death in his hands to be administered to the value of the
abovesaid debt whereof he could have satisfied the same Thomas
of that debt at Ipswich within the jurisdiction of this court. And he
seeks that this be inquired by the countryside. And the abovesaid
Robert executor similarly etc. Therefore it is ordered to Richard Beamont, John Fishere,
John Goodwin, and Thomas Golde serjeants at mace and ministers
of the court of the borough and town abovesaid that they should
make to come before the bailiffs of the said lord king of the
abovesaid borough and town at Ipswich abovesaid in the guildhall
of the borough and town abovesaid at the next court of the same
lord king of the abovesaid borough and town to be held there,
scilt., August 13 then next following [August 13, 1606] according
to the custom abovesaid 12 etc., by whom etc., who neither etc., to
recognize etc., because both etc. The same day is given to the
parties abovesaid there etc. At which certain said lord king’s court of the borough and town
abovesaid held on the said August 13 in the abovesaid 4th and 40th
years [August 13, 1606] at Ipswich abovesaid in the guildhall of
the abovesaid borough and town before the said lord king’s
aforementioned bailiffs of the abovesaid borough and town
according to the custom abovesaid come both the abovesaid
Thomas Pye and the abovesaid Robert Meadowe by their attorneys
abovesaid. And the abovesaid serjeants at mace and ministers of
the court of the same borough and town did not send the abovesaid
precept thereof. Thereof according to the use and custom of the
abovesaid borough and town used from the whole time abovesaid
within the town abovesaid it is ordered to the aforementioned
serjeants at mace and ministers of the court abovesaid as formerly
that they make to come before the said lord king’s bailiffs of the
abovesaid borough and town at Ipswich abovesaid in the guildhall
of the borough and town abovesaid at the said lord king’s court of
the abovesaid borough and town to be held there, viz., on August
20 then next following according to the abovesaid custom 12 etc.,
by whom etc., to recognize etc., who both etc. The same day is
given to the parties abovesaid there etc. [IMG 1114] At which certain court of the said lord king of the borough and
town abovesaid held on August 20 in the 4th and 40th years
abovesaid at Ipswich abovesaid in the abovesaid guildhall of the
abovesaid borough and town before the said lord king’s
aforementioned bailiffs of the borough and town abovesaid
according to the abovesaid custom come both the abovesaid
Thomas Pye and the abovesaid Robert Meadowe by their attorneys
abovesaid. And the abovesaid serjeants at mace and ministers of
the court of the same borough and town at the same court return
the abovesaid precept directed to them in the abovesaid form
served and executed in all things together with a certain panel of
the names of 24 prudent and lawful men of the vicinity of the
abovesaid borough and town sewn to the same precept, viz., Henry
Nayler, Edward Longley, John Goylmer, William Inglethorpe,
Robert Woodroffe, Richard Jennynges, John Fletcher, Roger
Wallis, William Cope, Richard Symondes, Edmund Sparrowe,
Andrew Sorrell, Thomas Lea, John Blomfield, Henry Wright,
George Reymer, Thomas Trunchefield, William Cocke jr., William
Camplyn, Robert Nothe, Robert Braye, George Rushmer, Thomas
Mullyner, and Christofer Brooke, who, solemnly exacted, did not
come. Therefore according to the use and custom of the borough
and town abovesaid used from the whole time abovesaid within the
same town, it is ordered to the aforementioned serjeants at mace
and ministers of the abovesaid court that they distrain the
abovesaid jurors by all lands etc., and that of the issues etc., and
that they have their bodies before the said lord king’s bailiffs of the
abovesaid borough and town at the said lord king’s court of the
abovesaid borough and town to be held at Ipswich abovesaid in the
guildhall of the borough and town abovesaid according to the
custom abovesaid, scilt., October 22 then next following etc. The
same day is given to the parties abovesaid there etc. At which certain court of the said lord king of the abovesaid
borough and town held on the said October 20 in the 4th and 40th
years abovesaid [October 20, 1606] at Ipswich abovesaid in the
guildhall of the same borough and town before Robert Butler and
John Humfrey then the said lord king’s bailiffs of the borough and
town abovesaid according to the custom abovesaid come both the
abovesaid Thomas Pye and the abovesaid Robert Meadowe by
their abovesaid attorneys. And the abovesaid serjeants at mace and
ministers of the abovesaid borough and town send the abovesaid
precept directed to them in the abovesaid form served and executed
in everything. And thereon the abovesaid impaneled jurors then
and there at the same court exacted, 12 of them, viz., Thomas
Trunchefield, Henry Naylor, Chrisofer Brooke, William
Inglethorpe, George Rushmere, Thomas Mulliner, John Fletcher,
William Camplyn, Thomas Lea, Edmund Sparrowe, John
Blomfield, and William Cope, there then came, who, chosen, tried,
and sworn to tell the truth concerning the premisses, say on their
oath that the abovesaid Robert Meadowe testator owed the
aforementioned Robert Meadowe defendant £5 by a simple
contract, which certain £5 the abovesaid Robert Meadowe
defendant paid himself by way of retention thereof, but whether the
abovesaid payment of £5 owed to the same Robert Meadowe
defendant as said above is sufficient payment in law or not, the
same jurors completely do not know. And they seek the
advisement of the court here etc. And if on the whole matter it
seems to the bailiffs of the said lord king here that the abovesaid
payment of the £5 to himself by way of retention thereof as said
above is sufficient payment in law, then the same jurors say on
their oath that the abovesaid Robert Meadowe defendant had on
the day of the levying of the abovesaid complaint divers goods and
chattels that were of Robert the testator at the time of his death in
his hands to be administered sufficient to satisfy £8 6s5d parcel of
the £40. And if on the whole matter it seems to the same bailiffs
that the abovesaid payment of £5 to himself by way of retention
thereof as said above is not sufficient payment in law, then the
same jurors say on their oath that the abovesaid Robert Meadowe
defendant had on the day of the levying of the complaint abovesaid
divers goods and chattels that were of the abovesaid Robert testator
at the time of his death in his hands to be administered sufficient to
satisfy [IMG 0096] £13 6s5d. And because the aforementioned
bailiffs of the said lord king of the borough and town abovesaid
want to advise themself of and on the premisses before they render
judgment thereof, day is given to the abovesaid parties in the status
as now until the said lord king’s court of the abovesaid borough
and town to be held in the abovesaid guildhall according to the
abovesaid custom before the bailiffs of the same borough and
town, scilt., January 21 then next following to hear their judgment
etc. At which certain court of the said lord king of the borough and
town abovesaid held on the said January 21in the 4th and 40th years
abovesaid [January 21, 1607] before the aforementioned Robert
Butler and John Humfrey then the said lord king’s bailiffs of the
borough and town abovesaid according to the custom abovesaid
come the parties abovesaid by their abovesaid attorneys. Thereon
at the same court all and singular the premisses above specified in
the abovesaid verdict having been seen and diligently inspected by
the said lord king’s court it seems to the same bailiffs that the
abovesaid payment of £5 to himself by way of retention thereof is
not sufficient payment in law to exonerate the abovesaid Robert
Meadowe thereof against the abovesaid Thomas Pye. Therefore it
is considered that the abovesaid Thomas Pye recover against the
aforementioned Robert Meadowe £13 6s5d of the goods and
chattels that were of the abovesaid Robert Meadowe testator in the
hands of the abovesaid Robert Meadowe defendant to be levied,
[and the damages] he sustained by occasion of the detention of that
debt adjudicated to the same Thomas Pye by his assent by the court
here at 49s3d from the goods and chattels of the same Robert
Meadowe testator to be levied if he have so much in his hands, and
if he not have, then the damages abovesaid to be levied from the
proper goods and chattels abovesaid of the Robert Meadowe
defendant. And also if then in the future it can be established that
any more goods or chattels that were the abovesaid Robert
Meadowe testator’s at the time of his death should come into the
hands of the said Robert Meadowe defendant in the future to be
administered, then the abovesaid Thomas Pye should have
execution against the abovesaid Robert Meadowe defendant of the
residue of the abovesaid debt to the sufficiency of those goods and
chattels thus coming to the hands of the abovesaid Robert
Meadowe defendant from time to time until the same Thomas Pye
should have levied the said residue of the debt abovesaid, and the
abovesaid Robert Meadowe defendant in mercy etc. And thereon at the same court according to the custom of the
abovesaid borough and town used in the same from the whole
abovesaid time it is ordered to Richard Beamont, John Fysher,
John Goodwyn, and Thomas Goldes serjeants at mace and
ministers of the abovesaid court that from the goods and chattels
that were of the abovesaid Robert Meadowe deceased at the time
of his death in the hands of the abovesaid Robert Meadowe
defendant you or one or you should make to be made both the
abovesaid £13 6s5d that the abovesaid Thomas Pye recovered
against the same Robert and the 49s 9s3d for his outlays and costs
put out by the same Thomas in this part, and you or one of you
should have that money before the said lord king’s bailiffs of the
abovesaid borough and town at the said lord king’s next court of
the abovesaid borough and town to be held, scilt, on the last day of
January then next following to render to the aforementioned
Thomas Pye for the debt and costs abovesaid if the same Robert
have as much goods and chattels that were the same deceased
Robert’s at the time of his death in his hands, and if he not have,
then the debt, outlays, and costs to be levied from the goods and
chattels of the same Robert defendant within the liberty of the
abovesaid town. [IMG 0097] At which certain court of the said lord king of the abovesaid
borough and town held on the last day of January in the 4th and 40th
years abovesaid [January 31, 1607] before the aforementioned
Robert Butler and John Humfrie then the said lord king’s bailiffs
of the borough and town abovesaid at Ipswich abovesaid in the
abovesaid guildhall according to the abovesaid custom comes the
abovesaid Thomas Pye by his abovesaid attorney. And the
abovesaid Richard Beamont one of the serjeants at mace and
minister of the court of the borough and town abovesaid returns the
abovesaid precept, viz., that the abovesaid Robert Meadowe
defendant has no goods or chattels that were the abovesaid
deceased Robert Meadow’s within the town of Ipswich abovesaid
whereof the abovesaid debt can be made, but the same Robert
Meadowe defendant had divers goods and chattels that were the
abovesaid deceased Robert’s at the time of his death to the
abovesaid value of the abovesaid debt, which goods and chattels
the same Robert sold to divers men for divers sums of money and
converted into his own proper use so that he could not make to be
made the debt and costs abovesaid. And thereon at the same court according to the custom of the
abovesaid borough and town used in the same from the whole time
abovesaid it is ordered to the aforementioned Richard Beamont,
John Fisher, John Goodwyn, and Thomas Gold serjeants at mace
and ministers of the court of the same borough and vill that from
the proper goods and chattels of the abovesaid Robert Meadowe
defendant you should make to be made both the abovesaid £13
6s5d and the abovesaid 49s3d, and you or one of you should have
that money before the said lord king’s bailiffs of the abovesaid
borough and town at the said lord king’s next court of the
abovesaid borough and town to be held in the guildhall abovesaid,
scilt., February 14 then next following to render to the
aforementioned Thomas Pye for the debt, outlays, and costs. At which certain court of the lord king of the abovesaid borough
and town held on the said February 14 in the abovesaid 4th and 40th
years [February 14, 1607] before the aforementioned Robert Butler
and John Humfrie then the said lord king’s bailiffs of the
abovesaid borough and town at Ipswich abovesaid in the abovesaid
guildhall according to the abovesaid custom comes the abovesaid
Thomas Pye by his abovesaid attorney. And the abovesaid Richard
Beamont a serjeant at mace and minister of the court of the
abovesaid borough and town returns the abovesaid precept, viz.,
that the abovesaid Robert Meadowe has no goods or chattels
within the town of Ipswich whereof he could make to be made the
debt and damages abovesaid. And thereon at the same court according to the custom of the
abovesaid borough and town used from the whole abovesaid time
in the same it is ordered to Richard Beamont, John Fisher, John
Goodwyn, and Thomas Gold serjeants at mace and ministers of the
abovesaid court that they or one of them take the aforementioned
Robert Meadowe if etc., and him safely etc., so that they or one of
them have his body before the said lord king’s bailiffs of the
abovesaid borough and town at the said lord king’s next court of
the abovesaid borough and town to be held, scilt., February 21then
next following to satisfy to the aforementioned Thomas Pye both
his abovesaid debt and the outlays and costs. At which certain court of the said lord king of the abovesaid
borough and town held on the said February 21 in the abovesaid 4th
and 40th years [February 21, 1607] before the aforementioned
Robert Butler and John Humfrie then the said lord king’s bailiffs
of the abovesaid borough and town at Ipswich abovesaid in the
abovesaid guildhall according to the custom abovesaid comes the
abovesaid Thomas Pye by his abovesaid attorney. And the
abovesaid Richard Beamont one of the serjeants at mace and
minister of the court of the abovesaid borough and town returns the
abovesaid precept, viz., that the abovesaid Robert Meadowe is not
found within the town of Ipswich abovesaid. And thereon at the same court according to the custom of the
abovesaid borough and town used in the same from the whole
abovesaid time it is ordered to the aforementioned Richard
Beamont, John Fisher, John Goodwyn, and Thomas Gold serjeants
at mace and ministers of the court of the same borough and town
and each of them that they or one of them make known to the
aforementioned Samuel French and John Warner mainpernors of
the abovesaid Robert Meadowe that they be before the said lord
king’s bailiffs of the abovesaid borough and town at the said lord
king’s next court of the abovesaid borough and town to be held in
the abovesaid guildhall, scilt., March 2 then next to come to show
if they have or know anything to say for themselves why the
abovesaid Thomas Pye ought not to have execution against them of
the abovesaid debt, outlays, and costs. At which certain court of the said lord king of the abovesaid
borough and town held on said March 2 in the abovesaid 4th and
40th years [March 2, 1607] before the aforementioned Robert
Butler and John Humfrye then the said lord king’s bailiffs of the
abovesaid borough and town according [IMG 1115] to the custom
abovesaid comes the abovesaid Thomas Pye by his abovesaid
attorney. And the abovesaid Robert Beamont a serjeant at mace
and minister of the court abovesaid returns the abovesaid precept
served and executed in everything, viz., that he made known to the
abovesaid Samuel Frenche and John Warner to be at the same
court by John Denn and Richard Fenn prudent and lawful men of
the abovesaid town as it was ordered to him. And thereon the
abovesaid Samuel French and John Warner although solemnly
exacted did not come but made a default. Therefore according to
the use and custom of the abovesaid borough and town used within
the same town from the whole abovesaid time in the same court it
was considered that the same Thomas Pye sr. have execution
against the aforementioned Samuel Frenche and John Warner of
the debt, outlays, and costs abovesaid. And thereon according to
the custom of the abovesaid borough and town used from the
whole abovesaid time within the same town it is ordered to the
aforementioned Richard Beamont, John Fysher, John Goodwyn,
and Thomas Gold serjeants at mace and ministers of the court of
the same borough and town that they or one of them should make
to be levied from the abovesaid Robert Meadowe or from the
abovesaid Samuel Frenche and John Warner his mainpernors or
from the goods and chattels of one of them to satisfy to the
aforementioned Thomas Pye both the abovesaid debt and the
outlays and costs abovesaid, and that they or one of them have that
money at the said lord king’s next court of the abovesaid borough
and town to be held, scilt., March 7 then next following before the
said lord king’s bailiffs of the abovesaid borough and town to
render to the aforementioned Thomas Pye the abovesaid debt,
outlays, and costs. At which certain court of the said lord king of the abovesaid
borough and town held on the said March 7 in the abovesaid 4th
and 40th years before the aforementioned Robert Butler and John
Humfrie then the said lord king’s bailiffs of the abovesaid borough
and town at Ipswich abovesaid in the guildhall of the abovesaid
borough and town according to the custom abovesaid comes the
abovesaid Thomas Pye by his abovesaid attorney. And then and
there at the same court the abovesaid Thomas Pye by his abovesaid
attorney confessed that he does not want to prosecute further the
abovesaid complaint against the abovesaid Robert Meadowe
defendant in the premisses. And thus then and there according to
the custom of the abovesaid borough and town used and approved
in the same town from time whereof the memory of men runs not
to the contrary the abovesaid Thomas Pye by his abovesaid
attorney withdrew his complaint abovesaid. Afterwards, scilt., on Saturday next after the Octaves of St. Martin this
same term before the lord king at Westminster comes the abovesaid
Robert Meadowe by Henry Buttes his attorney. And he says that in the
record and process abovesaid as well as in the rendering of the
abovesaid judgment it was manifestly erred in this, viz., whereas by the record abovesaid it appears that at the said lord
king’s court of the abovesaid borough and town held at Ipswich
abovesaid in the guildhall of the same borough and town before
William Sparrowe and Mathew Brownrigge the said lord king’s
bailiffs of the abovesaid borough and town comes the abovesaid
Thomas Pye in his proper person and complains against the
abovesaid Robert Meadowe of Woolverstone in the county of
Suffolk yeoman executor of the testament of Robert Meadowe
lately called Robert Meadowe of Westerfield in the county of
Suffolk yeoman concerning a plea that he render to him £40 that he
unjustly detains from him and that the abovesaid Robert Meadowe
executor by Richard Dawtrey his attorney at the said lord king’s
court of the abovesaid borough and town held before the
aforementioned said lord king’s bailiffs of the abovesaid borough
and town on August 6 in the 4th year of the said now lord king at
Ipswich abovesaid in the guildhall of the abovesaid borough and
town pleaded that he fully administered all the goods and chattels
that were of the same Robert testator at the time of his death and
that he had no goods or chattels that were of the same Robert
testator at the time of his death in his hands to be administered nor
had on the day of the levying of the complaint or ever afterwards;
the abovesaid Thomas Pye by replicating said that the abovesaid
Robert executor on the day of the levying of the complaint of the
same Thomas, scilt., April 26 in the 4th year of the reign of the
Lord James now king had divers goods and chattels that were of
the abovesaid Robert testator at the time of his death in his hands
to be administered to the value of the debt abovesaid whereof the
same Thomas could be satisfied of that debt at Ipswich within the
jurisdiction of that court, and this he sought that it be inquired by
the countryside; and the abovesaid Robert executor similarly etc;
and thus the same Robert says that for this that by the abovesaid
record it appears that the levying of the complaint abovesaid was
on May 3 in the 4th year of King James and not April 26 in the 4th
year of King James the issue is not well joined and in this it was
manifestly erred. And the same Robert Meadowe seeks a writ of the lord king to warn the
abovesaid Thomas Pye sr. to be before the lord king to hear the record
and process abovesaid etc. And it is granted to him etc., whereby it is
ordered to the sheriff that by prudent etc., he should make known to the
aforementioned Thomas Pye that he 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 Robert Meadowe etec. At which day before the lord king at Westminster comes the abovesaid
Robert Meadowe by his attorney abovesaid. And the sheriff returns that
by virtue of the abovesaid writ directed to him thereof he made known to
the aforementioned Thomas Pye to be before the lord king at the
aforementioned term contained in the abovesaid writ by Thomas
Thurkettle, Thomas Warden, Thomas Nuttfeilde, and William Childe
prudent etc., as by the same writ it was ordered to him. And the
abovesaid Thomas Pye sr., although thus warned, solemnly exacted on
the 4th day of the plea, did not come but made a default. Thereon the
abovesaid Robert as before says that in the record and process abovesaid
and also in the rendering of the abovesaid judgment it was manifestly
erred by alleging the errors above [IMG 1116] alleged by the same
Robert in the abovesaid form. And he sought that the abovesaid
judgment on account of those errors and others being in the record and
process abovesaid be revoked, annulled, and completely had for nothing
and that he be restored to everything that he lost by occasion of the
abovesaid judgment etc., and that the court of the lord king here proceed
to the examination both of the record and process abovesaid and of the
abovesaid matters assigned for errors. 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 aforementioned Robert before the
lord king until the quindene of Easter wherever etc., to hear his judgment
thereof because the court of the lord king here thereof not yet etc.
0094,
0095,
1113,
1114,
0096,
0097,
1115,
1116