Norwich attorney: John Sewall

     King's Bench error plaintiff's attorney: John Gant

Memorandum that formerly, scilt., in Easter term last past, roll 68, it is contained thus:

The lord king sent to the sheriffs of Norwich his writ close in these words:

Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church to the sheriffs of Norwich, greetings. Whereas Jerome Quashe and John Bonde lately in our court before Edmund Woode and Thomas Thetford sheriffs of the city of Norwich according to the use and custom of the same city without our writ and by judgment of the same court recovered against Nicholas Skete £8 3s4d for his damages that he sustained both by occasion of a certain trespass on the case inflicted on the same Jerome and John Bonde by the aforementioned Nicholas and for his outlays and costs put out by him on his suit in this part, whereof he was convicted as by inspection of the record and process thereof that we made to come before us for certain causes it appears to us of record and now on the part of the abovesaid Jerome and John Bonde in our court before us we have received that, although judgment thereof was rendered, execution of the abovesaid damages to them still remains to be done, wherefore they have implored from us an appropriate remedy to be provided in this part, and we, wanting what is just, order you that by prudent and lawful men of your bailiwick to make it to be known to the aforementioned Nicholas Skete that he be before us at one month after Easter wherever we shall then be in England to show if he has anything or knows to say anything for himself why the abovesaid Jerome and John Bonde ought not have their execution concerning the abovesaid damages according to the form and effect of the abovesaid recovery if it shall seem to be expedient for them and further to do and receive what our court shall have considered in this part, and have there the name of those by whom he made it to be known to him and this writ. Tested J. Fitzjames at Westminster [omitted] day of February in the 29^th year of our reign [February 1538].

At which day before the lord king at Westminster come the abovesaid Jerome and John Bonde in their proper persons, and the sheriffs return that by virtue of the lord king’s writ directed to them thereof they made the aforementioned Nicholas to be before the lord king at the aforementioned term to do and receive as the same writ exacts and requires on them, by William Fen and Henry Osmond, prudent [sic]; which certain Nicholas although thus warned on the 4^th day of the plea solemnly exacted did not come. Therefore it is considered that the abovesaid Jerome and John Bonde have their execution against the abovesaid Nicholas concerning their abovesaid damages etc.

         Afterwards, scilt., on October 20 in this same term before the lord king at Westminster comes the abovesaid Nicholas Skete by John Raut his attorney and proffered here in court before the same lord king at Westminster then and there a certain pledge or gage to the value of the abovesaid £8 3s4d above recovered by the abovesaid Jerome Quashe and John Bonde against him for the damages abovesaid, and he seeks license to enter the record and process specified in the abovesaid writ as well as the assigning errors thereof if there were any etc., and it is granted to him etc., which certain pledge is delivered by the court to William Rooper chief clerk of the lord king to enroll the pleas before the same king to keep safely until etc.

The record and process above recited follow in these words:

The lord king sent to the sheriffs of Norwich his writ close in these words:

Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church to the sheriffs of Norwich, 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 city abovesaid without our writ according to the custom of the same city between Jerome Quashe and John Bonde and Nicholas Skete concerning a plea why a fundamental manifest error intervened to the grave damage of the same Nicholas Skete as we have received from his complaint we, wanting the error if there was any to be corrected in due manner and full and speedy justice to be done to the same Nicholas in this part we order that if judgment has been rendered thereof then send the abovesaid record and process abovesaid with everything touching them to us under your seals distinctly and openly and this writ, so that we have them on the morrow of the Purification of the Blessed Mary wherever we shall be in England so that the abovesaid record and process having been inspected we may make to be done further thereof what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster October 26 in the 29^th year of our reign [October 26, 1537]. [IMG 0138]

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

The City of Norwich. Pleas in the court of the lord king held at Norwich in the guildhall of the city of Norwich before Edmund Woode and Thomas Thetford sheriffs of that city according to the use and custom of the same city used and approved from time from which the memory of men does not run and the liberties [granted] to the citizens of the said city by divers late kings of England and confirmed by the now lord king.

On Saturday, viz., September 8 in the 29^th year of the reign of Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church [September 8, 1537] to this court come Jerome Quashe and John Bonde in their proper persons and complain against Nicholas Skete concerning a plea of trespass on their case, and they found pledges to prosecute their quarrel abovesaid, viz., John Doo and Richard Roo. Thereon according to the use and custom and liberties, privileges, and franchises of the abovesaid city it is ordered to Robert Collard a serjeant at mace of the same sheriffs and a minister of the court abovesaid to be held here at Norwich in the abovesaid guildhall before the sheriffs of that city on Wednesday, viz., September 12 then next following [September 12, 1537] according to the use and custom and liberties, privileges and franchises abovesaid to answer to the aforementioned Jerome Quashe and John Bonde concerning the abovesaid plea, and the same day is given to the aforementioned Jerome Quashe and John Bonde here etc.

At which certain court of the lord king held according to the use and custom and the liberties, privileges, and franchises abovesaid before the beforenamed sheriffs here at Norwich abovesaid in the abovesaid guildhall on the same Wednesday came the abovesaid Jerome Quashe and John Bonde in their proper persons and offered themselves against the abovesaid Nicholas Skete concerning the abovesaid plea, and the abovesaid Nicholas Skete did not come. And the abovesaid Robert Collard serjeant etc., now here attests that the abovesaid Nicholas Skete has nothing within the liberty of the abovesaid city whereby the same Nicholas can be attached. Therefore according to the use and custom and liberties, privileges, and franchises of the abovesaid city it is ordered to the same Robert Collard serjeant etc., that he take the abovesaid Nicholas Skete if he shall be found within the liberty of the abovesaid city and guard him safely so that he have his body in the lord king’s court of the city abovesaid to be held here at Norwich in the abovesaid guildhall before the sheriffs of the abovesaid city here, scilt., on Saturday, viz., September 15 then next following [September 15, 1537] to answer the aforementioned Jerome Quashe and John Bonde concerning the abovesaid plea etc. And the same day is given to the aforementioned Jerome and John Bonde here. And thereon the same Jerome and John Bonde put in their place John Sewalle against the aforementioned Nicholas Skete concerning the abovesaid plea etc.

At which certain Saturday at the lord king’s court of the abovesaid city held before the aforementioned sheriffs here at Norwich in the abovesaid guildhall according to the use and custom and liberties, privileges and franchises abovesaid came the abovesaid Jerome and John Bonde by their abovesaid attorney, and the abovesaid [IMG 0337] Robert Collard serjeant etc., now here attests that he took the abovesaid Nicholas Skete, whose body he has here before the aforementioned sheriffs ready to answer the abovesaid Jerome and John Bonde concerning the abovesaid plea as it was ordered to him; thereon the same Nicholas Skete found here in court mainpernors and pledges of right in the abovesaid plea, viz., John Trace and John Cokke citizens of the abovesaid city, who come here in court in their proper persons before the aforementioned sheriffs and at the request of the abovesaid Nicholas became mainpernors and pledges of right in the same plea according to the custom of the abovesaid city used and approved from time whereof memory of man runs not to the contrary, which is such: that a defendant in whatever complaint in the lord king’s court of the abovesaid city affirmed by process on the complaint against this manner defendant adjudicated, taken, and in the same court personally appearing after the narration by the plaintiff against this manner defendant made in that complaint before he withdraw from the same court ought to find mainpernors and pledges of right in the same plea, viz., that that defendant personally will appear here from day to day at each of the lord king’s courts until the same plea be determined and judgment rendered thereof, and that he will stand to the judgment to be rendered in that plea and the execution of the same judgment if it happen that judgment in that plea is rendered against this manner defendant such that should that defendant not surrender to the execution of judgment but withdraw, absent, or eloin himself then this manner mainpernors and pledges ought to undergo the execution of the same judgment in similar manner as that defendant ought to have undergone this manner execution if he had not absented or eloined himself from the same court. And thereon the same Nicholas Skete by that mainprise according to the custom of the abovesaid city departed.

Norwich. Pleas in the lord king’s court of the city of Norwich held at Norwich in the guildhall of the same city before the aforementioned Edmund Wood and Thomas Thetford sheriffs of that city according to the custom of the same city used and approved from time from which the memory of man does not run and the liberties granted to the citizens of the said city by divers late kings of England and confirmed by the now lord king, on Wednesday, viz., September 19 in the 29^th year of the reign of Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth supreme head of the English church [September 19, 1537].

Nicholas Skete was attached to answer Jerome Quashe and John Bonde concerning a plea of trespass on their case etc., wherefore the same Jerome and John Bonde by John Sewall their attorney complain of this, why, whereas the abovesaid Jerome Quashe and John Bonde bought one last of stock herring, viz., 12 barrels of stock herring, for £6 13s4d of lawful money of England from a certain Henry Petto, on which certain bargain and contract the same Henry Petto faithfully promised the aforementioned Jerome Quashe and John Bonde that the same Jerome and John Bonde would not pay any sum of money of the abovewritten money for the abovesaid herring to the aforementioned Henry until the same Nicholas Skete would undertake to deliver the same herrings to the same Jerome and John Bonde according to the effect of the bargain and buying abovesaid, and afterwards, viz., on January 12 in the 28^th year of the reign of Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church [January 12, 1537] here at Norwich in the parish of St. Peter within the ward of Mancroft and within the jurisdiction of this court the same Nicholas Skete confessed to have in his possession and ward the same herrings of the goods and chattels of the abovesaid Henry and then and there undertook on himself to deliver the same herrings to the same Jerome and John Bonde when he should be required thereof, on which certain undertaking the same Jerome and John Bonde from the confidence which they bore to the aforementioned Nicholas handed over and paid 5 marks of the abovesaid £6 13s4d to the beforenamed Nicholas Skete and Henry Petto, nevertheless the abovesaid Nicholas although he was often asked by the abovesaid Jerome and John Bonde to deliver the abovesaid herrings after the payment of the abovesaid 5 marks did not deliver those herrings to the same Jerome and John Bonde after the abovesaid bargain, but rather sold the abovesaid herrings to divers unknown people against the form of his promise and undertaking abovesaid and he converted them into his own proper uses, wherefore the same Jerome Quashe and John Bonde say that they are worse off and have damages to the value of £10, and thereof they produce suit etc. [IMG 0338]

And the abovesaid Nicholas Skete in his proper person comes and defends force and injury when etc., and he seeks license thereof to emparl here until the next lord king’s court to be held in the abovesaid guildhall, and he has it with the assent of the said Jerome and John Bonde etc. And the same day is given to the aforementioned Jerome and John here until the next lord king’s court of the abovesaid city to be held on Saturday, viz., September 22 then next following [September 22, 1537] according etc.

At which certain court of the lord king held on the said Saturday before the aforementioned sheriffs come both the abovesaid Jerome Quashe and John Bonde by their attorney abovesaid and the aforementioned Nicholas Skete in his proper person etc.

Pleas in the lord king’s court of the city of Norwich held at Norwich in the guildhall of the same city before Edmund Woode and Thomas Thetford sheriffs of that city according to the custom of the same city used and approved from time whereof the memory of men does not run and the liberties granted to the citizens of the said city by divers late kings of England and confirmed by the now lord king on the said Saturday, viz., September 22 in the 29^th year of the reign of Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church.

Nicholas Skete was attached to answer Jerome Quashe and John Bonde concerning a plea of trespass on their case etc. And wherefore the same Jerome and John Bonde by John Sewall their attorney complain of this, why, whereas the same Jerome Quashe and John Bonde bought one last of stock herring, viz., 12 barrels of herrings for the sum of £6 13s4d of lawful English money from a certain Henry Petto, on which certain bargain and contract the same Henry Petto promised faithfully to the aforementioned Jerome and John Bonde that the same Jerome and John Bonde would not pay any sum of money of the abovewritten money for the abovesaid herrings to the aforementioned Henry until the same defendant faithfully undertook to deliver the same herrings to the same Jerome and John Bonde according to the effect of the bargain and buying abovesaid; and afterwards, viz., on January 12 in the 28^th year of the reign of Henry VIII by the grace of God [IMG 0139] king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church [January 12, 1537] here at Norwich in the parish of St. Peter within the ward of Mancroft and within the jurisdiction of this court the same Nicholas Skete confessed to have in his possession and ward the same herrings of the goods and chattels of the abovesaid Henry and then and there undertook on himself to deliver the same herrings to the same Jerome and John Bonde when he should be required thereof; on which certain undertaking the same Jerome Quashe and John Bonde out of the confidence that they bore then to the aforementioned defendant handed over and paid 5 marks of the abovesaid £6 13s4d to the beforenamed Nicholas Skete and Henry Petto; nevertheless the abovesaid Nicholas Skete although he was often asked by the abovesaid Jerome and John Bonde to deliver the abovesaid herrings after the payment of the abovesaid 5 marks, did not deliver the abovesaid herrings to the same Jerome Quashe and John Bonde after the abovesaid bargain but rather against the form of his abovesaid promise and undertaking sold the abovesaid herrings to divers unknown persons and converted them into his proper uses, wherefore the same Jerome and John Bonde say that they are worse off and have damages to the value of £10, and thereof they produce suit etc.

At which certain Saturday at the lord king’s court held before the aforementioned sheriffs there the same Nicholas Skete solemnly exacted did not appear but made a default. Therefore in the same court it was considered that the abovesaid Jerome and John Bonde recover against the abovesaid Nicholas Skete their damages that they sustained by occasion of the premisses, and because it is not known what damages the same Jerome and John Bonde sustained by occasion of the premisses it is ordered to the aforementioned Robert Collard serjeant etc., that he should make to come here 12 prudent and lawful men of the abovesaid city to inquire by their oath before the aforementioned sheriffs on Wednesday, viz., September 26 [September 26, 1537] then next following what damages the abovesaid Jerome and John Bonde sustained both by occasion of the premisses and by their outlays and costs put out in this part on their suit.

At which certain Wednesday at the lord king’s court of the abovesaid city held in the abovesaid guildhall before the aforementioned sheriffs the abovesaid Robert Collard serjeant etc., returned a certain panel concerning the names of the jurors, which certain jurors were exacted, whereof 12 came, viz., Edmund Wulcy, Andrew Quashe, John Bengemyn jr., Christofer Bracy, William Pallyng, Robert Martyn, Robert Wellys, George Walden, Richard Davy, George Bakon, William Sewall, and John Blome, which jurors say on their oath that the abovesaid Jerome and John Bonde sustained damages by occasion of the premisses at £8 beyond outlays and expenses put out in this part on their suit, and for their outlays and costs at 3s4d; and thereon at the request of the abovesaid Jerome and John Bonde it is considered by the court that the abovesaid Jerome and John Bonde recover against the said Nicholas Skete their abovesaid damages assessed by the abovesaid jurors at £8, and for the outlays and expenses abovesaid in this part put out on their suit at 3s4d, and the said Nicholas in mercy. And let the same Nicholas be taken etc.

Afterwards, scilt., on October 21 in that same term before the lord king at Westminster comes the abovesaid Nicholas Skete by John Gant his attorney and says that in the record and process abovesaid as well as in the rendering of the abovesaid judgment manifestly it was erred:

In the first place in this, viz., that in each action on the case the plaintiff must show the cause of the action in his complaint just as in each writ of an action of the case, or otherwise it will be joined, to which the defendant will answer [The sense here is unclear, at least to me.]

and also it was erred that where it appears by the abovesaid record that the abovesaid judgment was rendered by the default of the abovesaid Nicholas and because it was not known what damages the same Jerome and John Bonde sustained by occasion of the premisses it was ordered to Robert Collard serjeant etc., that he make to come 12 prudent and lawful men of the abovesaid city to inquire by their oath before the aforementioned then sheriffs on Wednesday, viz., September 26 then next following what damages the abovesaid Jerome and John Bonde sustained both by occasion of the premisses and by their outlays and costs put out by them on their suit. At which certain Wednesday at the lord king’s court of the abovesaid city held in the guildhall before the aforementioned sheriffs, the abovesaid Robert Collard serjeant etc., returned a certain panel concerning the names of the jurors of the jury, which certain jurors were exacted, whereof 12 came, viz., Edmund Wolcy, Andrew Quashe, John Bengemyn jr., Christofer Bracy, William Pellyng, Robert Martyn, Robert Wellys, George Walden, Richard Davy, Gregory Bakon, William Sewall, and John Blome, in this that it does not appear in the abovesaid record that the abovesaid Robert Collard returned the said precept [IMG 0140] directed to him and thus the abovesaid inquisition was taken without authority and void, and in this that it does not appear in the abovesaid record that the jurors abovesaid were chosen and tried, and also in this that it does not appear that the abovesaid Jerome and John Bonde appeared in the abovesaid court being on the abovesaid Wednesday September 26, and thus the taking of the abovesaid jurors in the absence of the abovesaid plaintiffs is invalid and insufficient and thus the judgment abovesaid rendered on the premisses is void and erroneous in law.

And he seeks the lord king’s writ to be directed to the sheriff of Norwich to warn the abovesaid Jerome and John Bonde to be before the lord king at Westminster on the Thursday next after the Octaves of St. Hilary to hear the abovesaid record if etc., and further etc.; the same day is given to the aforementioned Nicholas Skete by his attorney abovesaid etc.

         At which day before the lord king at Westminster comes the abovesaid Nicholas Skete by his abovesaid attorney, and the sheriff does not send the writ thereof. And the abovesaid Jerome Quashe and John Bonde at the same day on the 4^th day of the plea solemnly exacted by John Barrowe his attorney similarly comes, and thereon the abovesaid Nicholas Skete says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred by alleging the errors abovesaid by him in the form abovesaid alleged. And he seeks that the court of the lord king here proceed to the examination both of the record and process abovesaid and of the abovesaid errors and that he be restored to all things that he lost by occasion of the abovesaid judgment, and that the abovesaid Jerome and John rejoin to the abovesaid errors etc.

         Thereon came the abovesaid Jerome and John by their attorneys abovesaid and say that in the abovesaid record and process as well as in the rendering of the abovesaid judgment in nothing is it erred. And they seek similarly that the court of the lord king proceed to the examination both of the record and of the process abovesaid and of the matters abovesaid for the errors assigned. And because the court of the lord king here is not yet advised for rendering their judgment of and on the premisses, day thereof is given to the abovesaid parties in the state as now before the lord king at Westminster until Wednesday next after the quindenes of Easter to render their judgment of and on the premisses because the court of the lord king not yet etc.

         At which day before the lord king at Westminster come the abovesaid Nicholas Skete by his abovesaid attorney, and both the record and process abovesaid and the abovesaid errors having been seen by the court of the lord king here, it is considered that the abovesaid judgment on account of those errors and others found in the record and process abovesaid be revoked, annulled, and completely had for nothing, and that the abovesaid Nicholas be restored to all things that by occasion of the abovesaid judgment he lost etc.

         Afterwards, scilt., on [blank] day of May in the 31^st year of the reign of the now lord king comes the abovesaid Nicholas by Henry Atmer his attorney and receives from the aforementioned William Rooper the pledge or gage abovesaid, wherefore let the abovesaid William Rooper be thereof exonerated.

The judgment is revoked.