Ripon attorneys: Christofer Redeshawe, Christofer Strykland

     King's Bench error plaintiff's attorney: Richard Heywood

This action of error concerned an action of debt on an accounting in the court of Ripon. It raised issues about the authority of the court of Ripon and discontinuance; it also involved an issue about whether the female was married or not at the time of the accounting.

The lord king sent to the bailiffs of Edward the archbishop of York of his liberty of Ripon his writ close in these words:

Henry VIII king of England and France, defender of the faith, lord of Ireland, and on earth supreme head of the English church to the bailiffs of Edward archbishop of York of his liberty of Ripon, greetings. Because in the record and process [and also] in the rendering of the judgment of the plea that was before you in your lord’s court of Ripon without our writ as it is said manifest error intervened to the grave damage of Joan Hardwyke widow of Thomas Jonson who now took the aforementioned Joan as wife as we receive from her 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 abovesaid parties in this part, order you that, if judgment has been rendered thereof, then send distinctly and openly the record and process abovesaid with all things touching them to us under the seals of you or one of you and this writ, so that we have them at one month after Easter wherever we shall be then in England so that, the record and process abovesaid having been inspected we may do 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 February 10 in the 30^th year of our reign [February 10, 1539].

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

The Town of Ripon in Yorkshire. The military court of Edward archbishop of York held there before Henry Norton armiger bailiff of the abovesaid archbishop of the liberty of his town of Ripon abovesaid on the Monday, viz., on the morrow of Holy Trinity 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 [May 28, 1537].

At this court comes John Redeshawe in his proper person and complains of Joan Hardwyke widow concerning a plea of debt on a demand of 4 marks. And he found pledges to prosecute his complaint abovesaid, viz., Robert Ryplay and Thomas Brathwaite. And he seeks process thereof to be made for him according to the custom of the court of the liberty of the abovesaid town; thereon according to the custom of the liberty of that town it is ordered to Stephen Whytfeyld sub-bailiff of the liberty abovesaid archbishop of the town abovesaid and minister of this court that he attach the abovesaid Joan if etc., and safely etc., such that he have his body before the aforementioned bailiff at the next military court of the abovesaid archbishop of his liberty of Ripon abovesaid to be held here, scilt., at le Hallegarth abovesaid of the town abovesaid on Monday, viz., June 22 next coming to answer the aforementioned John Redeshawe concerning the abovesaid plea. The same day is given to the aforementioned John here etc.

The Town of Ripon in Yorkshire. The military court of Edward the archbishop of York held there before Henry Norton armiger bailiff of the abovesaid archbishop of the liberty of his town of Ripon abovesaid on Monday, viz., June 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 supreme head of the English church.

It was ordered to Stephen Whytfeyld sub-bailiff of the liberty of the abovesaid archbishop of the abovesaid town and minister of this court that he attach Joan Hardwyke widow if etc. and safely etc., so that he have her body here at this court to answer John Redeshawe concerning a plea of debt. And now here at this court comes the abovesaid John in his proper person, and the aforementioned sub-bailiff and minister of this court sends now that the abovesaid Joan has not been found etc. Therefore according to the custom of this court it is ordered to the aforementioned Stephen Whytfeyld sub-bailiff of the abovesaid archbishop of the liberty of the abovesaid town and minister of this court that he distrain the abovesaid Joan Hardwyke by all lands etc., so that she be at the next military court of the abovesaid archbishop of his liberty of Ripon abovesaid to be held, scilt., at le Hallegarth abovesaid of the abovesaid town before the aforementioned bailiff on Monday, viz., August 3 next to come to answer the aforementioned John Redeshawe concerning the abovesaid plea. The same day is given to the aforementioned John here etc.

The Town of Ripon in Yorkshire. The military court of Edward the archbishop of York held there before Henry Norton armiger bailiff of the abovesaid archbishop of the liberty of his town of Ripon abovesaid on Monday, viz., August 3 in the 29^th year of the reign of Henry VIII by the grace of God king of England, defender of the faith, lord of Ireland and on earth the supreme head of the English church.

At this court comes John Redeshawe in his proper person and puts in his place Christofer Redeshawe against Joan Hardwyke widow concerning a plea of debt. [IMG 0110]

At this court comes Joan Hardwyke widow in her proper person and puts in her place Christofer Strykland against John Redeshawe concerning a plea of debt.

At this court comes John Redeshawe by Christofer Redeshawe his attorney and complains of Joan Hardwyk widow concerning a plea of debt on a demand of 4 marks. Pledges to prosecute etc. And whereof the same John by the abovesaid Christofer Redeshawe his attorney says that, whereas the abovesaid Joan on February 9 in the 12^th year of the reign of the now lord king at Ripon within the jurisdiction of this court accounted with the same John of divers sums of money of the same John received before that time by the aforementioned Joan from the same John to render account thereof to the same John when he should be asked thereof, and on that account the abovesaid Joan was found in arrears toward the same John in the abovesaid 4 marks, whereby action accrued to the same John Redeshawe to exact and have from the aforementioned Joan the same 4 marks, nevertheless the same Joan although often asked did not render those 4 marks to the same John but refused to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £4, and thereof he produces suit etc.

And the abovesaid Joan Hardwyke by Christofer Strykland her attorney comes and defends force and injury when etc., and he seeks license to emparl thereof here until the military court to be held before the aforementioned bailiff here, scilt., at le Hallegarth abovesaid on Monday August 24 next to come, and he has it, etc. The same day is given to the aforementioned John here etc.

At which certain next court held here etc., scilt., at le Hallegarth abovesaid before the aforementioned bailiff on the abovesaid Monday August 24, come both the abovesaid John and the abovesaid Joan by their attorneys abovesaid. And thereon the abovesaid Joan further seeks license thereof to emparl here until the next military court before the aforementioned bailiff to be held here, scilt., at le Hallegarth abovesaid on Monday September 14 next to come, and he has it etc. The same day is given to the aforementioned John here etc.

The Town of Ripon in Yorkshire. The military court of Edward the archbishop of York held there before Henry Norton armiger bailiff of the abovesaid archbishop of the liberty of his town of Ripon abovesaid on Monday, viz., September 14 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 [September 14, 1537].

At this court comes John Redeshawe by Christofer Redeshawe his attorney and complains of Joan Hardewyke widow concerning a plea of debt on a demand of 4 marks. Pledges to prosecute etc. And whereof the same John by the abovesaid Christofer Redeshawe his attorney says that, whereas the abovesaid Joan on February 9 in the 12^th year of the reign of the now lord king [February 9, 1521] at Ripon within the jurisdiction of this court accounted with the same John of divers sums of money of the same John before that time received by the aforementioned Joan from the same John to render account thereof to the same John when she should be asked thereof, and on that account the abovesaid Joan was found in arrears toward the same John in the abovesaid 4 marks, whereby action [IMG 0111] accrued to the same John Redeshawe to exact and have from the aforementioned Joan the same 4 marks, nevertheless the same Joan although often asked has still not rendered those 4 marks to the same John but to this time has refused to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £4, and thereof he produces suit.

And the abovesaid Joan Hardwyke by Christofer Stryklande her attorney comes and defends force and injury when etc., and says that she does not owe the aforementioned John the abovesaid 4 marks nor any penny thereof in the form that the same John above narrated against her, and of this she puts herself on the countryside. And the abovesaid John similarly. Therefore according to the custom of the abovesaid court it is ordered to the aforementioned Stephen Whytfeyld sub-bailiff of the abovesaid archbishop of the liberty of the abovesaid town and minister of this court that he should make to come before the aforementioned bailiff here, scilt., at le Hallegarth abovesaid at the next military court to be held on Monday, scilt., October 5 next to come 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc.

At which certain next military court held here, scilt., at le Hallegarth abovesaid before the aforementioned bailiff abovesaid on Monday October 5 in the abovesaid 29^th year come both the abovesaid John and the abovesaid Joan by their attorneys abovesaid. And the aforementioned Stephen Whytfeyld sub-bailiff of the abovesaid archbishop of the liberty of the abovesaid town and minister of this court returned here the abovesaid precept directed to him before thereof of venire facias hic 12 etc., together with the panel of names of the jurors served and executed thereof in all things. Thereon the jurors thereof empaneled, exacted, certain of them [IMG 0341] come and certain of them do not come, as appears in the panel. Therefore the jury abovesaid is put in respite here until the next military court to be held here, scilt., at le Hallegarth abovesaid on Monday November 2 next to come by default of the jurors etc. Therefore let the sub-bailiff minister of this court have their bodies etc.

At which certain next military court held here, scilt., at le Hallegarth abovesaid before the aforementioned bailiff abovesaid on Monday November 2 in the 29^th year abovesaid [November 2, 1537] come both the abovesaid John and the abovesaid Joan by their abovesaid attorneys. And the jurors thereof empaneled, exacted, come, who chosen, tried, and sworn to tell the truth on the premisses say on their oath that the abovesaid Joan owes the aforementioned John the abovesaid 4 marks as the same John above narrated against her. And they assess the damages of the same John by occasion of the detention of the abovesaid debt beyond his outlays and costs put out by him on his suit in this part at 4d. And for those outlays and costs at 12d. Therefore according to the custom of the court of the liberty of the abovesaid town it is considered that the abovesaid John recover against the aforementioned Joan his debt abovesaid and his damages at 16d assessed by the abovesaid jurors in the abovesaid form, and the abovesaid Joan in mercy etc.

Afterwards, scilt., on October 16 in this same term before the lord king at Westminster come the abovesaid Thomas Johnson and Joan his wife by Richard Heywode their attorney and they say that in the record and process as well as in the rendering of the judgment abovesaid it was manifestly erred for this, viz.,

that in the record abovesaid no mention was made by what authority the abovesaid court in the said town of Ripon was held, viz., whether by prescription of ancient custom or by charter of the now lord king or some of his progenitors of the realm of England etc.

And also it was erred in the abovesaid record for this, viz., that whereas at the said court held at the town abovesaid on the Monday on the morrow of Holy Trinity it was ordered to the minister of the court abovesaid that he attach the abovesaid Joan so that he have her body before the said bailiff at le Hallegarth abovesaid at the next court then there next to be held, in this that le Hallegarth in the whole record before is not recited nor said previously, and for the incertitude by that occasion where the defendant should appear at the same next court it was manifestly erred, as above similarly appears of record.

Moreover, in the record abovesaid it was manifestly erred for this, viz., that whereas the abovesaid John in his abovesaid narration supposes that the abovesaid Joan on the said February 9 in the 12^th year of the reign of the said now lord king at Ripon within the jurisdiction of the abovesaid court accounted with the aforementioned John concerning the abovesaid money and on that account the abovesaid Joan was found in arrears in the abovesaid 4 marks, and the abovesaid Thomas and Joan say that on the abovesaid February 9 in the abovesaid 12^th year Joan was covert of Robert Condall then and long afterwards her husband, viz., at the abovesaid town of Ripon in the abovesaid county of York. And this the same Thomas [and Joan] are ready to verify as the court etc.

And further in the record and process abovesaid it was erred for this, viz., that on the abovesaid issue joined between the abovesaid parties in the abovesaid form the precept of venire facias was adjudicated to the aforementioned minister of the court abovesaid returnable at the next court, scilt., Monday October 5 then next to be held there, and on the adjudication of the same precept no day was given to the abovesaid parties to appear at the same next court to be held there, whereby that abovesaid plea held by the abovesaid court there on Monday September 14 in the 29^th year abovesaid until the court held there on the said Monday October 5 in the same 29^th year was totally discontinued as above it similarly appears of record.

And the same Thomas and Joan seek the lord king’s writ to warn the abovesaid John Redeshawe to be before the lord king to hear the record and process abovesaid, and it is granted to them etc., whereby it was ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned John that he be before the lord king on the Octaves of St. Hilary to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas and Joan etc.