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

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 4^th year of our reign of England, France, and Ireland and the 40^th 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 4^th 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 39^th 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 40^th 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 4^th and 39^th 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 4^th year of the reign of the now lord king of England and the 40^th 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 4^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th and 40^th 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 4^th 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 4^th 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 4^th year of King James and not April 26 in the 4^th 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 4^th 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.