Leicester attorneys: John Byrd, William Ryvett

     King's Bench error plaintiff's attorney: William Langhoren

The lady queen sent the mayor and burgesses of the town of Leicester her writ close in these words:

Elizabeth by the grace of God queen of England and France, defender of the faith etc., to the mayor and burgesses of her town of Leicester, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before your in our court of the abovesaid town without our writ according to the custom of the same town between Robert Dyckyns of Welford in the county of Northampton yeoman and Simon Love of Sulby in the county of Northampton gentleman concerning a debt of £40 that the same Robert exacts from the aforementioned Simon as it is said manifest error intervened to the grave damage of the same Simon as we have accepted 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 you that if judgment has been rendered thereof, send distinctly and openly the abovesaid record and process of the abovesaid plea with everything touching them to us under your seals, and this writ, so that we have them on the Octaves of St. Michael wherever we then shall be in England so that, the abovesaid record and process having been inspected, we may make to be done thereof for the correction of that error what of right and according to the law and custom of our realm of England should be done. And if the abovesaid Simon Love before you should find sufficient security both to prosecute his claim in this part with effect and to satisfy to the aforementioned Robert those things that may be adjudicated in this part if it happen that the abovesaid judgment be affirmed, then without delay make the same Simon to be delivered by the abovesaid security from the prison by which he is detained if by that occasion and not otherwise he is detained in the same. Tested me myself at Westminster August 16 in the 13^th year of our reign [August 16, 1571].

The record and process of which mention is made in the abovesaid writ follow in these words:

The town of Leicester. The court of the Portmote of the lady queen now held at the town of Leicester in the county of Leicestershire April 2 in the 13^th year of the reign of the Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [April 2, 1471] before Nicholas Englyshe mayor of the abovesaid town and his fellow burgesses of the same town according to the custom of the same town used and approved in the same from time whereof memory of men runs not to the contrary.

At this court comes Robert Dyckyns of Welford in the county of Northampton yeoman by John Byrd his attorney and complains against Simon Love of Sulby in the county of Northampton gentleman concerning a plea of debt on a demand of £40, and he finds pledges to prosecute his complaint abovesaid, viz., John Doo and Richard Roo. And he seeks process to be made for him against the same Simon. Thereon according to the custom of the town of Leicester it is ordered to William Shingleton bailiff and minister of the abovesaid court that he summon by good summoners the aforementioned Simon Love that he be here, scilt., at the town of Leicester abovesaid before the aforementioned mayor and fellow burgesses of the same town at the next portmote court of the said lady queen to be held on April 9 next to come to answer the aforementioned Robert Dykyns concerning the abovesaid plea etc. The same day is given to the aforementioned Robert here etc.

At which certain court held here scilt., at the town [IMG 0294] of Leicester abovesaid on the abovesaid April 9 in the abovesaid 13^th year [April 9, 1571] before the aforementioned mayor and fellow burgesses of the same town comes the abovesaid Robert Dykyns by the abovesaid John Byrd his attorney. And the abovesaid bailiff and minister of the abovesaid court now here returns the abovesaid precept directed to him in the abovesaid form served and executed in all things, viz., that the abovesaid Simon has nothing in the bailiwick whereby he can be summoned. Thereon at the petition of the abovesaid Robert it is ordered to the aforementioned bailiff and minister of the court abovesaid that he take the aforementioned Simon if etc., and safely etc., so that he have his body at the next portmote court of the said lady queen to be held on April 16 next to come here scilt., at the town of Leicester abovesaid before the mayor and fellow burgesses of this town to answer the aforementioned Robert concerning the abovesaid plea etc. The same day is given to the same Robert here etc.

At which certain court held here, scilt., at the town of Leicester abovesaid on April 16 [April 16, 1571] before the aforementioned mayor and fellow burgesses of the same town comes the abovesaid Robert by his abovesaid attorney. And the abovesaid bailiff and minister of the abovesaid court now here return the abovesaid precept last above specified directed to him in the abovesaid form served and executed in all things, viz., that he by virtue of that precept took the body of the abovesaid Simon and has it then and there ready, as by that precept it was ordered to him. And thereon the abovesaid Simon then and there solemnly exacted by William Ryvett his attorney similarly appears.

Thereon the abovesaid Robert then and there narrated against the abovesaid Simon on his abovesaid complaint, the tenor of which certain narration follows in these words:

The Town of Leicester. Simon Love of Sulby in the county of Northampton gentleman was summoned to answer Robert Dyckyns of Welford in the county of Northampton abovesaid yeoman concerning a plea that he render to him £40 that he owes him and unjustly detains etc. And wherefore the same Robert by John Byrd his attorney says that, whereas the abovesaid Simon on July 23 in [IMG 0295] the 9^th year of the reign of the Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith, etc., at the town of Leicester abovesaid within the jurisdiction of this court by his certain obligatory bill that the same Robert sealed with the seal of the abovesaid Simon proffered here in court, the date of which is the same day and year acknowledged that he owes the same Robert Dyckyns, in consideration of the marriage to be solemnized between the abovesaid Robert on one side and a certain Mary Vaughan one of the daughters of John Vaughan now deceased on the other part, £40 of the good and lawful money of England to be paid to the same Robert in the manner and form following, viz., at or before the feast of the Nativity of the Blessed Mary then next following after the date of the abovesaid bill £20 of the good and lawful money of England parcel of the abovesaid £40, and also at or before May 1 then next following after the date of the abovesaid bill £20 of the good and lawful money of England the residue of the abovesaid £40 in full [IMG 1445] payment of all and singular legacies given to the aforementioned Mary Vaughan by the last will and testament of the abovesaid John Vaughan knight, nevertheless the abovesaid Simon Love although often required etc., has not yet rendered the abovesaid £40 to the same Robert but has refused to render them to him to this time and still refuses, wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc.

And the abovesaid Simon by his abovesaid attorney comes and defends force and injury when etc., and he seeks license thereof to emparl here until the next portmote court of the said lady queen to be held at the town of Leicester abovesaid on April 23 next to come before the mayor and fellow burgesses of the same city, and he has it etc. The same day is given to the aforementioned Robert Dyckyns here etc.

And thereon come Thomas Stanford of the same town of Leicester butcher and Richard Smart of the same yeoman in their proper persons and mainperned for the abovesaid Simon Love, and the same Simon for himself undertook that, if it should happen that the same Simon be convicted in the plea abovesaid, then the same mainpernors granted and each of them for himself granted that both the abovesaid debt and all this manner damages, outlays, and costs that would be adjudicated to the aforementioned Robert Dyckyns in this part could be made from the lands and chattels of them and each of them and levied to the use of the abovesaid Robert Dyckyns if it should happen that the aforementioned Simon not at all pay those debt and damages, outlays, and costs to the aforementioned Robert Dyckyns or not render himself to the prison of the said lady queen of the town of Leicester abovesaid by that occasion etc.

At which certain court here held, scilt., at the town of Leicester abovesaid on April 23 [April 23, 1571] before the abovesaid mayor and fellow burgesses come the abovesaid parties by their abovesaid attorneys, and the abovesaid Simon further seeks thereof day to emparl, and it is granted to him etc. And thereon day further is given thereof to the abovesaid parties before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid until the next portmote court of the said lady queen to be held there on the last day of April then next to come etc., viz., the aforementioned Simon to emparl and then to answer etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on the said last day of April [April 30, 1571] comes the parties abovesaid by their abovesaid attorneys. And thereon the abovesaid Simon further seeks thereof day to emparl, and it is granted to him etc. And thereon day further is given to the abovesaid parties until the next portmote court of the said now lady queen to be held here before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on May 7 then next following [May 7, 1571],viz., to the aforementioned Simon to emparl and then to answer etc.

At which certain next portmote court before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid held on the said May 7 [May 7, 1571] come the abovesaid parties by their abovesaid attorneys. And the abovesaid Simon further seeks day to emparl, and it is granted to him etc. And thereon day further is given to the abovesaid parties before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid until the next portmote court of the said now lady queen to be held at the town of Leicester abovesaid on May 14 then next following, viz., to the aforementioned Simon to emparl and then to answer etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on May 14 [May 14, 1571] come the parties abovesaid by their abovesaid attorneys, and thereon the abovesaid Simon as before defends force and injury when etc., and says that he ought not to be burdened of the abovesaid debt by virtue of the abovesaid obligatory bill, because he says that that bill is not his deed. And of this he puts himself on the countryside. And the abovesaid Robert Dyckyns similarly etc. Therefore according to the custom of the town of Leicester abovesaid it is ordered to the aforementioned bailiff and minister of the abovesaid court that he should make to come [IMG 1446] before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court of the said now lady queen to be held at the town of Leicester abovesaid on May 21 next to come 12 prudent etc., from the vicinity of the same town by whom etc., and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid here etc. And thereon the abovesaid Robert Dyckyns put in his place the abovesaid William Ryvet against the aforementioned Robert Dyckyns concerning the abovesaid plea.

At which certain court before the aforementioned mayor and fellow burgesses here held at the town of Leicester abovesaid on the abovesaid May 21 come the parties abovesaid by their attorneys abovesaid. And the abovesaid bailiff and minister of the court abovesaid then and there returned the precept of venire facias abovesaid directed to him in the abovesaid form served and executed in all things together with the panel of names of the jurors, of whom none etc. Therefore it is ordered to the aforementioned bailiff and minister of the abovesaid court that he have the bodies of jurors before the mayor and fellow burgesses of the town of Leicester abovesaid at the said lady queen’s next portmote court to be held at the town of Leicester abovesaid on May 28 next to come etc., [May 28, 1571] to recognize in the abovesaid form etc. The same day is given to the parties abovesaid here etc.

At which certain court held before the aforementioned mayor and fellow burgesses here at the town of Leicester abovesaid on the abovesaid May 28 [May 28, 1571] come the abovesaid parties by their abovesaid attorneys. And the abovesaid bailiff and minister of the abovesaid court returned the abovesaid precept of habeas corpora juratorum served and executed in all things, of whom none etc. Therefore it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid jurors by all their lands etc., and that of the issues etc., and that he have their bodies before the mayor and [IMG 0296] fellow burgesses of the abovesaid town of Leicester at the next said lady queen’s next portmote court to be held at the town of Leicester on June 4 next to come [June 4, 1571] etc., to recognize in the abovesaid form etc., and to hear their judgment concerning the many defaults etc. The same day is given to the abovesaid parties here etc.

At which certain portmote court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on June 4 [June 4, 1571] come the abovesaid parties by their abovesaid attorneys, and the abovesaid bailiff and minister of the abovesaid court does not return the abovesaid precept that he distrain the jurors directed to him in the abovesaid form. Therefore as formerly it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid said jurors by all their lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next said lady queen’s portmote court to be held at the abovesaid town of Leicester on June 11 next to come to recognize in the abovesaid form etc., and to hear etc. The same day is given to the parties abovesaid here etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on the abovesaid June 11 come the abovesaid parties by their abovesaid attorneys, and the abovesaid bailiff and minister of the abovesaid court did not return the abovesaid last precept de alias distringas directed to him in the abovesaid form etc. Therefore as many times it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court of the said lady queen to be held at the town of Leicester abovesaid on June 18^th next to come to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties etc.

At which certain court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on June 18^th come the abovesaid parties by their abovesaid attorneys. And the abovesaid bailiff and minister of the abovesaid court did not return the last abovesaid precept de pluries distringas etc., directed to him in the form abovesaid etc. Therefore as many time it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the jurors abovesaid by all lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the said lady queen’s next portmote court to be held at the town of Leicester abovesaid on June 25^th next to come [June 25, 1571] to recognize in the form abovesaid and to hear etc. The same day is given to the parties abovesaid here etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on the abovesaid June 25^th come the parties abovesaid by their attorneys abovesaid, and the abovesaid bailiff and minister of the court abovesaid did not return the abovesaid last precept de pluries distringas directed to him in the form abovesaid. Therefore as many times it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court of the said lady queen to be held at the town of Leicester abovesaid on July 2 next to come to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on the abovesaid July 2 come [IMG 0297] the abovesaid parties by their abovesaid attorneys. And the abovesaid bailiff and minister of the court abovesaid did not return the abovesaid last precept de pluries distingas directed to him in the abovesaid form. Therefore as many times it is ordered also to the bailiff and minister of the court abovesaid that he distrain the jurors abovesaid by all lands etc., and that of the issues etc., so that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court of this town to be held at the same town on July 9 next to come [July 9, 1571] to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester on the abovesaid July 9 [July 9, 1571] come the parties abovesaid by their attorneys abovesaid, and the abovesaid bailiff and minister of the abovesaid court did not return the last precept de pluries distringas directed to him in the abovesaid form. Therefore as many time it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., so that he have their bodies before the mayor and fellow burgesses of the town of Leicester at the next portmote court of this town to be held at the same town on July 16 next to come [July 16, 1571] to recognize in the abovesaid form and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain court before the aforementioned mayor and fellow burgesses of the town of Leicester abovesaid at the same town on the abovesaid July 16 [July 16, 1571] come the abovesaid parties by their abovesaid attorneys. And the abovesaid bailiff and minister of the abovesaid court does not return the last precept de pluries distingas directed to him in the abovesaid form. Therefore as many times it is ordered to the aforementioned bailiff and minister of the court abovesaid that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court to be held at the town of Leicester abovesaid on July 23 next to come [July 23, 1571] to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain next court held here, scilt., at the abovesaid town of Leicester before the aforementioned [IMG 1447] mayor and fellow burgesses on July 23 [July 23, 1571] come the abovesaid parties by their abovesaid attorneys. And the abovesaid bailiff and minister of the abovesaid court then does not return the abovesaid last precept de pluries distringas directed to him in the abovesaid form. Therefore as many times it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the abovesaid jurors by all lands etc., and that of the issues etc., and that he have their bodies before the aforementioned mayor and fellow burgesses at the next portmote court of the town of Leicester abovesaid to be held at that town on July 30 next coming [July 30, 1571] to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain next court held here, scilt., at the abovesaid town of Leicester before the aforementioned mayor and fellow burgesses of the town of Leicester abovesaid on the abovesaid July 30 [July 30, 1571] come the abovesaid parties by their abovesaid attorneys. And the bailiff and minister of the abovesaid court does not return the abovesaid last precept de pluries distingas directed to him in the abovesaid form. Therefore as many times it is ordered to the aforementioned bailiff and minister of the abovesaid court that he distrain the jurors abovesaid by all lands etc., and that of the issues etc., and that he have their bodies before the mayor and fellow burgesses of the town of Leicester abovesaid at the next portmote court of that town to be held at the same town on August 6 next to come [August 6, 1571] to recognize in the abovesaid form etc., and to hear etc. The same day is given to the abovesaid parties here etc.

At which certain next court held before the aforementioned mayor and fellow burgesses at the town of Leicester abovesaid on the abovesaid August 6 [August 6, 1571] come the parties abovesaid by their abovesaid attorneys. And the abovesaid bailiff and minister of the abovesaid court now here returns the said last precept de pluries distringas juratores directed to him in the abovesaid form served and executed in all things, and the jurors of that jury, viz., Richard Parker, Thomas Wylne, William Dawkyns, Richard Archer, Robert Gaddysbye, William Robynson, Richard Rawlynson, John Spence, Thomas Smyth, Richard Mabbes, Henry Budwyf, and Roger Suter, solemnly exacted, similarly come, who, chosen tried, and sworn to tell the truth of and on the premisses, say on their oath that the abovesaid bill is the deed of the abovesaid Simon Love as the abovesaid Robert above narrates against him. And they assess the damages of the same Robert by occasion of the detention of the abovesaid debts beyond his outlays and costs put out by him on his suit in this part at 40s, and for those outlays and costs at 2d. And because the aforementioned mayor and fellow burgesses want to advise themselves of and on the premisses before they render judgment thereof, day is given further thereof to the aforementioned Robert until the next portmote court to be held at the town of Leicester abovesaid on August 13 next to come to hear their judgment because the same mayor and fellow burgesses here there not yet etc.

At which certain next court held here, scilt., at the abovesaid town of Leicester before the aforementioned mayor and fellow burgesses on August 13 abovesaid [August 13, 1571] comes the abovesaid Robert by his abovesaid attorney. Thereon, the premisses having been seen and understood by the abovesaid mayor and fellow burgesses more fully, it is considered that the abovesaid Robert recover against the aforementioned Simon Love his abovesaid debt and his abovesaid damages assessed by the abovesaid jurors in the form abovesaid as well as 20s adjudicated to the same Robert at his request for his outlays and costs by the abovesaid mayor and fellow burgesses here from his assent by way of increment, which certain damages in all amount to £3 2d. And let the abovesaid Simon because he denied his own bill be taken.

Afterwards, scilt., on Tuesday immediately after the quindene of Michaelmas this same term before the lady queen at Westminster comes the abovesaid Simon Love by William Langhorne his attorney. And he immediately says that in the record and process abovesaid [IMG 1448] and also in the rendering of the abovesaid judgment it is manifestly erred, because he says

that he the same Simon before the verdict rendered in the abovesaid plea in the form abovesaid, scilt., on July 4 in the 13^th year of the reign of Lady Elizabeth [July 4, 1571] in the lady queen’s court before the lady queen here at Westminster abovesaid prosecuted the lady queen’s certain writ directed to the then mayor and burgesses of the town of Leicester abovesaid whereby the same now lady queen ordered the same then mayor and burgesses that they have the body of the abovesaid Simon then detained in the prison of the same lady queen under the custody of the same mayor under safe and secure conduct together with the day and cause of his taking and detention by whatsoever name the same Simon was known in the same, before the lady queen at Westminster on Tuesday next after the Octaves of St. Michael then next following to prosecute his certain bill against Richard Overs in a plea of account, which certain writ the same Simon thus prosecuted afterwards and before the abovesaid verdict rendered and before the jurors abovesaid were chosen, tried, and sworn to try the abovesaid issue between the parties abovesaid: scilt., on July 30 in the abovesaid 13^th year of the reign of the now lady queen at the town of Leicester abovesaid in open court of the lady queen then held there before the then mayor and fellow burgesses of the town delivered to the certain Nicholas Inglysh then mayor of the abovesaid town by seeking allocation thereof, which certain mayor and fellow burgesses then and there wholly refused to allocate that writ, and then and there proceeded further to the taking of the abovesaid jury and rendering of the abovesaid judgment, the abovesaid writ of the lady queen directed to them to the contrary notwithstanding, and thus the abovesaid judgment is in law completely erroneous.

And the same Simon seeks the lady queen’s writ to warn the abovesaid [IMG 0298] Robert Dyckyns to be before the lady queen 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 it to be known to the aforementioned Robert Dyckyns that he be before the lady queen on the morrow of All Souls wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Simon etc.

At which day before the lady queen at Westminster comes the abovesaid Simon by his attorney abovesaid. And the sheriff returns that the abovesaid Robert Dyckyns has nothing in his bailiwick whereby it could be made known to him nor is he found in the same. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned Robert Dyckyns that he be before the lady queen 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 Simon there etc.