William Mower v. Robert Furnes
Error in king's bench Hilary term, 1540) on an action in the court of King's Lynn, Norfolk
AALT images for Mower v. Furnes This action of error on a case of debt on an obligation in the court of
King’s Lynn involves no particularly difficult legal issue in the case
itself. The assignment of error only concerns the lack of specification
of the authority under which the court was acting. [IMG 0139] The lord king sent to the mayor and aldermen of his town
of Lynn of his Guildhall court his writ close in these words: Henry VIII by grace of God king of England and of France,
defender of the faith, and lord of Ireland and on earth the supreme
head of the English church to the mayor and aldermen of our town
of Lynn of our Guildhall court, greetings. Because in the record
and process and also in the rendering of the judgment of the plea
that was before you in our court of the town abovesaid without writ
according to the custom of the same town between William Mower
and Robert Furnes concerning a debt of £4 13s4d that the same
William exacted from the aforementioned Robert as it is said
manifest error intervened to the grave damage of the same Robert
as we have received from his complaint, we, wanting the error if
any there was to be corrected in due manner and full and rapid
justice to be done to the same Robert, order you in this part that, if
judgment has been rendered, then you should send clearly and
openly the abovesaid record and process with all things touching
them to us under your seals and this writ, so that we have them at
the 15th day after Easter wherever we may then be in England so
that, the record and process abovesaid 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 January 20 in the 31st year
of our reign [January 20, 1540]. The record and process concerning which mention was made in the
abovesaid writ follow in these words: Guildhall of King’s Lynn. The court there held on Wednesday
next after the Octaves of the Apostles Peter and Paul in the 31st
year of the reign of King Henry VIII [July 9, 1539] by the grace of
God king of England and of France, defender of the faith, lord of
Ireland, and on earth supreme head of the English church before
William Hall mayor and Thomas Miller and Thomas Waters
aldermen of the town of King’s Lynn abovesaid used in the same
from time whereof memory of man runs not to the contrary. Guildhall of King’s Lynn. At this court comes William Mower
alias Debson of King’s Lynn in his proper person and complains
against Robert Furnes of Wisbech in the county of Cambridge
concerning a plea of debt. Pledges to prosecute: John Doo and
Richard Roo. And he seeks process to be made according to the
custom of the town abovesaid against the aforementioned Robert in
the abovesaid complaint etc. And thereon the abovesaid Robert
then present in the abovesaid court in his proper person appeared at
the abovesaid complaint. Thereon the abovesaid William in his
proper person by narrating against the aforementioned Robert in
the abovesaid complaint says that the same Robert owed to the
same William and unjustly detains £6 sterling for this, viz., that,
whereas the abovesaid Robert on May 22 in the 30th year of the
reign of the now lord king [May 22, 1538] at King’s Lynn
abovesaid within the jurisdiction of this court by his certain writing
obligatory granted that he was bound and firmly obliged to the
same William in the abovesaid £6 to be paid to the same William
on the feast of St. Michael the Archangel then next following
[September 29, 1538], nevertheless the abovesaid Robert although
often required still did not pay the abovesaid £6 to the same
William but wholly refused and still refuses to pay them to him,
wherefore he says that he is worse off and has damages to the
value of 40s, and thereof he produces suit etc. And he proffers
here in court the abovesaid writing that attests the abovesaid debt
in the abovesaid form, the date of which is the abovesaid day and
year etc. And the abovesaid Robert in his proper person comes and
defends force and injury when etc., and asks for oyer of the writing
abovesaid, and it is read to him etc. He likewise asks for oyer of
the indorsement of the same writing, and it is read to him in these
words [in English]: The condicion of thys obligacion is suche that if the
withynnebounden Robert & John or one of them the
executours or assignes of them or of either of them doe
content & pay or cause to be contented & payde unto the
withynnenamed William Mower his executours & assignes
fower poundes thyrtene shelynges & fower pens of goode
and lawfulle money of Inglond in maner & fourme folowyng,
that is to sey at the feast withynnewrytten xlvj s. viij d. [IMG
0140] and at the feast of Thannunciacion of oure Lady then
next & immediatly folowyng other xlvj s. viij d. in full
payment of the seyde somme that then thys present
obligacion to be voyde & of none effect or elles to stond in
alle hys full strenght and vertue. These things having been read and heard, the same Robert asks
license to emparl thereof here until the next court to be held, scilt.,
in the Guildhall of King’s Lynn abovesaid, scilt., on the Saturday
next after the feast of St. James the Apostle next coming [July 26,
1539] before the mayor and aldermen of the town of King’s Lynn
abovesaid. The same day is given to the aforementioned William
there etc. At which day before the aforementioned William Hall mayor and
the aldermen of the town of King’s Lynn abovesaid come both the
abovesaid William and the abovesaid Robert in their proper
persons. And thereon the same William seeks that the abovesaid
Robert respond to his abovesaid narration etc. And the same
Robert says nothing in bar of the abovesaid action of the abovesaid
William, whereby the same William remains undefended against
the aforementioned Robert thereof. Therefore it is considered by
the court here that the abovesaid William recover against the
aforementioned Robert his abovesaid debt and his damages by
occasion of the detention of that debt at 5s., adjudicated to the
same William by his assent by the court here. And the abovesaid
Robert in mercy etc. Afterwards, scilt., on July 5 this same term before the lord king at
Westminster comes the abovesaid Robert Furnes in his proper person
and says that in the record and process abovesaid and also in the
rendering of the abovesaid judgment there is manifest error, because,
viz., that whereas in the abovesaid record it does not appear by what
authority the abovesaid court was held, viz., whether by
prescription of some custom of ancient time now beyond memory
used until now in the same town or by charter of the now lord king
or any of his predecessors kings of England as above it appears of
record. And the same Robert seeks the lord king’s writ to warn the abovesaid
William Mower to be before the said lord king to hear the abovesaid
record and process, and it is granted to him etc. Whereby it is ordered to
the sheriff that by prudent etc., he should make it to be known to the
aforementioned William Mower that he be before the lord king on the
morrow of All Souls wherever etc., to hear the record and process
abovesaid as etc., and further etc. The same day is given to the
aforementioned Robert etc. At which day before the lord king at
Westminster comes the abovesaid Robert in his proper person, and the
sheriff did not send the writ. Therefore as formerly it is ordered to the
sheriff that by prudent etc., he should make it to be known to the
aforementioned William Mower 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 Robert etc.
a,
b
