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Robert Danyell gentleman, searcher in the port of King’s Lynn v. John Vyolett citizen and fisherman of London

Error on a case in the court of King's Lynn (Hilary term, 1571)

AALT images for Danyell v. Vyolett
0841, 0842 [See also case beginning 0904]

This action of error on an information in the court of King’s Lynn yields concerned a prosecution on the qui tam statute of 5 Elizabeth against importing fish in barrels instead of loose. The defendant did not appear. The court rendered judgment against him and issued an order to assess the value of the forfeiture, but neither does the result appear nor was there any apparent action taken in king’s bench except the enrollment of the record.


The lady queen sent to the mayor and recorder of her town of King’s Lynn her writ close in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the mayor and recorder of her town of King’s Lynn, 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 Robert Danyell gentleman, our searcher in the port of King’s Lynn abovesaid and in the singular places and creeks adjacent to the same port and John Vyolett, citizen and fisherman of London on a certain statute in our parliament held at Westminster in the 5th year of our reign as it is said manifest error intervened to the grave damage of the same John 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 that if judgment thereof has been rendered, then you should send distinctly and openly the record and process abovesaid with everything touching them to us under your seals, and this writ, so that we have them on the morrow of the Purification of Blessed Mary 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 for the correction of that error what of right and according to the law and custom of the our realm of England should be done. Tested me myself at Westminster January 13 in the 13th year of our reign [January 13, 1571].

 

The Tolbooth court of King’s Lynn. The court held there on Tuesday, viz., October 10 in the 12th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [October 10, 1570]

The Borough of King’s Lynn. Memorandum that Robert Danyell gentleman, searcher of the lady queen in the port of King’s Lynn abovesaid and in the singular places and creeks adjacent to the same comes before Edward Waters mayor of the abovesaid borough on October 10 in the 12th year year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., in his proper person and took his corporal oath that, whereas in the statute in parliament held at Westminster on January 12 in the 5th year of the reign of the said now Lady Queen Elizabeth among other things it was ordained and enacted that from and after the first day of April in the year of the Lord 1564 then next following the said January 12 in the abovesaid 5th year of the said lady queen it shall not be permitted for any person or persons to introduce into this realm of England any fish called cod fish or fishes called linges in barrels or in any containers called casks but rather loose, in English “loose in kulke” and sold by retail within the abovesaid realm, under a penalty of each time that the offender against the tenor of this statute shall forfeit all the fishes called cod fishes and fishes called linges brought in or the value of them, one half thereof to the mayor either of the corporate town or of the borough abovesaid and the other half thereof to him who shall have wanted to prosecute for the same by action, bill, or information as in the same statute abovesaid more fully is contained, nevertheless, a certain John Vyolett citizen and fisherman of London between April 21 in the 12th year of the reign of now lady queen [April 21, 1570] and September 1 in the same year introduced in this realm from abroad in a ship or vessel called “The Oxeheade of Hambroughe” 15 lasts of fishes called cod fishes in barrels called barrelled fyshe from abroad abovesaid to the port of King’s Lynn against the form of the statute abovesaid. And the abovesaid Robert seeks half of the said 15 lasts of fishes called barrelled fyshe abovesaid or the true value of the same according to the form of the abovesaid statute. [IMG 0842]

Which certain John Vyolett at this court and at three courts next following solemnly called did not appear but made defaults. Therefore at the petition of the abovesaid Robert Danyell judgment is rendered by the court that the same Robert Danyell should recover the abovesaid half of 15 lasts of fishes against the abovesaid John Vyolett. A writ to inquire concerning the value is granted.