Roger Pope executor of Robert Pope draper v. Richard Moynes, jr., baker [at least previously a serjeant at mace]

     Shrewsbury attorneys: Thomas Gittins, John Balle
        [for another Shrewsbury error case with attorneys John Balle and John Baston, see]

     Error plaintiff's king's bench attorney: Peter Wood

The lord king sent to the bailiffs of his town of Shrewsbury his writ close in these words:

James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., to the bailiffs of his town of Shrewsbury, 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 writ according to the custom of the same town between Roger Pope executor of the testament of Robert Pope and Richard Moynes, jr., concerning a certain trespass on the case inflicted on the same Robert in his life by the aforementioned Richard as it is said manifest error intervened to the grave damage of the same Richard 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 you that if judgment has been rendered thereof, then send distinctly and openly the abovesaid record and process with everything touching them to us under your seal, and this writ, so that we have them on the Octaves of the Purification of the Blessed Mary wherever then we shall be in England as that, the record and process abovesaid having been inspected, we may make to be done further for the correction of that error what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster December 24 in the 5^th year of our reign of England, France, and Ireland and the 41^st of Scotland.James

[erasures follow for three lines]

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

The Town of Shrewsbury. The court of the lord king of his town of Shrewsbury abovesaid held there on Tuesday, viz., October 6 in the year of the reign of our Lord James by the grace of God king of England, Scotland, France, and Ireland, defender of the faith etc., viz., in the 5^th year of his reign of England, France, and Ireland and the 41^st of Scotland [October 6, 1607] in the guildhall of the abovesaid town before William Jones and Andrew Lewis gentlemen the lord king’s bailiffs of that town according to the custom of the abovesaid town and the liberties and franchises of the same town used and approved in the same town from time whereof the memory of men runs not to the contrary and granted by letters patent of the Lady Elizabeth late queen of England and her antecessors kings of England to the bailiffs and burgesses of the town of Shrewsbury abovesaid thereof etc.

At this court comes Roger Pope executor of the testament or last will of Robert Pope draper deceased in his proper person and complains concerning Richard Moynes, jr., baker concerning a plea of trespass on the case to the damages of the same plaintiff of £20. And he finds pledges to prosecute, scilt., John Doo and Richard Roo. And he seeks process thereon to be made thereof for him against the abovesaid Richard Moynes according to the custom of the abovesaid town etc. And it is granted to him etc. Therefore according to the custom of that town used and approved there from time whereof there is no memory, it is ordered to John Buttry one of the serjeants at mace within the same town and minister of the abovesaid court that he put by gage and safe pledges the abovesaid Richard Moynes that he be here at the town of Shrewsbury abovesaid in the guildhall of the same town before the bailiffs of that town at the lord king’s next court of the abovesaid town to be held Tuesday, viz., October 13 next to come according to the custom and liberties of the abovesaid town there then to answer the aforementioned Roger Pope concerning the abovesaid plea etc. The same day is given to the aforementioned Roger Pope here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall etc. [IMG 1201]

And thereon the same Roger Pope puts in his place Thomas Gittins his attorney against the aforementioned Richard Moynes concerning the abovesaid plea etc.

At which certain next court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., on the abovesaid October 13 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland, and the 41^st of Scotland [October 13, 1607] before the aforementioned bailiffs according to the custom and liberties abovesaid came the abovesaid Roger Pope by his abovesaid attorney and presented himself against the aforementioned Richard Moynes concerning the abovesaid plea. And he did not come. And the abovesaid John Buttry one of the serjeants at mace and minister of this court now here sends that the abovesaid Richard Moynes has nothing within the town of Shrewsbury abovesaid etc., whereby he can be attached nor is he found within the town of Shrewsbury abovesaid nor within the liberties of the same town. Therefore according to the custom of the same town abovesaid used and approved there from time whereof the memory of men runs not to the contrary, it is ordered to the aforementioned John Buttry serjeant at mace etc., that he take the abovesaid Richard Moynes if etc., him safely etc., so that he have his body before the bailiffs of the same town at the lord king’s next court to be held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on Tuesday, viz., October 20 next to come [October 20, 1607] according to the custom and liberties abovesaid there then to answer to the aforementioned Roger Pope concerning the abovesaid plea etc. The same day is given to the aforementioned Roger Pope here etc.

At which certain next court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., October 20 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland [October 20, 1607] before the aforementioned bailiffs of the same town according to the custom and liberties of the abovesaid town etc. came the aforementioned Roger Pope by his abovesaid attorney and presented himself against the aforementioned Richard Moynes concerning the abovesaid plea etc. And the aforementioned John Buttry serjeant etc., and minister of the abovesaid court returned the abovesaid precept directed to him in the abovesaid form served and executed in everything, viz., that he by virtue of that precept directed to him took the body of the abovesaid Richard Moynes, whose body he had here ready thereof as by that precept it was ordered to him.

And the abovesaid Richard Moynes came here in the abovesaid court in his proper person according to the custom and liberties of the abovesaid town and found pledges both to answer the aforementioned Roger Pope concerning the abovesaid plea and to satisfy to the same Roger Pope concerning whatsoever damages that would be adjudicated to the same Roger Pope in the plea of the complaint abovesaid in the said court of the said lord king if it should happen that the aforementioned Richard Moynes is convicted in that plea at the suit of the aforementioned Roger Pope, viz., William Wilkes gentleman and Francis Tipton glover, which certain William Wilkes and Francis Tipton and each of them present here in court in their proper person undertake on themselves for the aforementioned Richard Moynes that the same Richard Moynes will appear here at each said now lord king’s court to be held at the town of Shrewsbury abovesaid in the guildhall abovesaid to answer the aforementioned Roger Pope [IMG 2597] in the abovesaid plea until that plea is determined and judgment thereof has been rendered, and that if it happen that judgment in the abovesaid plea thereof is rendered for the aforementioned Roger Pope against the aforementioned Richard Moynes in the same plea that then the same Richard Moynes will satisfy the aforementioned Roger Pope concerning his damages and outlays to be recovered in the abovesaid plea or render his body in execution for this manner of damages and outlays into the lord king’s prison of the abovesaid town or that those damages and outlays thus to be adjudicated to be levied from the goods and chattels, lands and tenements of the same William Wilkes and Francis Tipton and each of them to be found within the town of Shrewsbury and the liberties and franchises of the abovesaid town and to the work and use of the abovesaid Roger Pope to whosoever’s hands etc., or that in default thereof they the same William Wilkes and Francis Tipton will render their and each of their bodies in execution for this manner damages and outlays etc., according to the custom of the abovesaid town used and approved from time whereof the memory of men runs not to the contrary etc. And thereon day is given both to the aforementioned Roger Pope by his abovesaid attorney and to the aforementioned Richard Moynes in his proper person in the abovesaid plea here until the lord king’s next court to be held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall etc., on Tuesday, viz., October 27 next to come [October 27, 1607] before the bailiffs of that town according to the custom and liberties of the abovesaid town etc., in the status as now, saving to the parties etc.

At which certain next court of the now lord king held here, scilt., at the abovesaid town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., October 27 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland before the aforementioned bailiffs of the same town according to the custom and liberties abovesaid came both the abovesaid Roger Pope by his abovesaid attorney and the aforementioned Richard Moynes in his proper person. Thereon the abovesaid Roger Pope here in the same court by his abovesaid attorney by narrating against the aforementioned Richard Moynes of and on the plea of his abovesaid complaint complains of Richard Moynes for this, viz., that whereas the town of Shrewsbury abovesaid within the jurisdiction of this court is and from time whereof the memory [etc.] was an ancient town incorporated by the name of the bailiffs and burgesses of the town of Shrewsbury, within which town there is and from time whereof the memory of men runs not to the contrary was such a custom that every serjeant at mace of and in the abovesaid town of Shrewsbury for the time being can, could, ought and might at the asking of any person giving or offering to give by himself or by another to the same serjeant his reasonable fee for thereof arresting or attaching or as far as he is able trying to arrest or attach any other person by his body within the town of Shrewsbury abovesaid and the abovesaid jurisdiction to answer the said person thus asking and giving or offering to give the abovesaid fee as is said before in any plea or by any action of debt against the same abovesaid other person at the suit of the same person abovesaid before the bailiffs of the same town to be held there by complaint or the lord king’s writ in the same court according to the custom of the abovesaid town used from time whereof there is no memory there to be levied thereof and at the said lord king’s next court of the same town before the abovesaid bailiffs of the abovesaid town to be entered or procured to be entered, [IMG 2598] and whereas also a certain Samuel Warde at the town of Shrewsbury abovesaid in the Welsh Ward of the same town and within the abovesaid jurisdiction in the life of the same Robert Pope, scilt., on March 22 in the 38^th year of the reign of the Lady Elizabeth late queen of England etc., by his obligatory writing sealed by his seal, bearing date the same day and year acknowledged that he was bound to the aforementioned Robert Pope in £20 of the lawful money of England to be paid to the same Robert when the same Samuel thereof should be asked, which certain £20 the same Samuel although often asked has not to this time rendered the abovesaid £20 to the abovesaid Robert Pope in the life of the same Robert Pope or to the same Roger Pope after the death of the same Robert Pope but has refused to render them to him and still refused to render them to the same Roger Pope, and the abovesaid Samuel Warde thus being indebted to the same Roger Pope in the abovesaid £20, the aforementioned Richard Moynes being on August 17 in the 5^th year of the reign of our Lord James now king of England, France, and Ireland and the 41^st of Scotland serjeant at mace of and in the town of Shrewsbury abovesaid within the jurisdiction abovesaid, the same Roger Pope on the said August 10 in the abovesaid 5^th year at the town of Shrewsbury abovesaid within the abovesaid jurisdiction asked and required the abovesaid Richard Moynes then being serjeant as is said before and then and there by Thomas Bedowe offered to give 6d of the lawful money of England to the same Richard Moynes then being serjeant as is said before to arrest the said Samuel Warde by his body, the same abovesaid Samuel then being at the town of Shrewsbury abovesaid in the Welsh Ward of the same town in the presence, association, ward, power, and ability of the same Richard Moynes then being serjeant at mace as is said before by the same Richard Moynes then being serjeant at mace as is said before to be arrested by his body to answer the same Roger Pope executor of the testament or last will of the abovesaid Robert Pope in the abovesaid plea of debt of £20 in the said lord king’s court of the town of Shrewsbury abovesaid before the bailiffs of the same town there to be held by complaint or writ of the lord king in the same court according to the custom of the abovesaid town used from time whereof there is no memory there then thereof to be levied, nevertheless the abovesaid Richard Moynes then being serjeant at mace as is said above not at all caring but scheming and intending hotly to deceive and defraud the abovesaid Roger executor as is said above in that part although often asked did not arrest or attach the aforementioned Samuel Warde but wholly refused to arrest or attach him and the same Samuel Warde from the abovesaid August 17 abovesaid until he withdrew and absconded and lurked into parts unknown and still lurks, so that he could not and cannot summon, attach, or arrest him to answer the same Roger executor as is said above concerning any plea or action of the abovesaid debt of £20 nor does the same Samuel have any lands, tenements, hereditaments, goods, or chattels to satisfy the same Roger Pope executor as is said before concerning the abovesaid debt of the abovesaid £20, and moreover the abovesaid Roger executor as is said wants to verify that the abovesaid 6d was the reasonable fee for the abovesaid Richard Moynes serjeant at mace as is said above for making the abovesaid arrest, wherefore the same Roger Pope executor as is said above says that he is worse off and has damages to the value of £20 and thereof [IMG 1202] he produces suit and proffers here in court both the abovesaid writing that attests the abovesaid debt in the abovesaid form and letters testamentary of the abovesaid Robert Pope by which it sufficiently appears to the court here that the same Roger Pope is the executor of the abovesaid testament of the abovesaid Robert Pope and thereof has the administration etc.

And the abovesaid Richard Moynes in his proper person comes and defends force and injury when etc. And he seeks day thereof to emparl here until the next court of the said now lord king to be held, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on Tuesday, scilt., November 3 next to come before the bailiffs of that town according to the custom abovesaid etc. And he has etc. The same day is given to the aforementioned Roger Pope here etc.

And thereon the abovesaid Richard Moynes puts in his place John Balle his attorney against the abovesaid Roger Pope concerning the abovesaid plea.

At which certain next now lord king’s court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on Tuesday, viz., on the abovesaid November 3 in the 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland [November 3, 1607] before the aforementioned bailiffs of the same town according to the custom and liberties abovesaid come both the abovesaid Roger Pope and the aforementioned Richard Moynes by their abovesaid attorneys. And thereon the abovesaid Richard Moynes by his abovesaid attorney further seeks license to emparl thereof here until the next court of the now lord king to be held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on Tuesday, scilt., November 10 next to come before the bailiffs of that town according to the custom and liberties abovesaid etc. And he has etc. The same day is given to the aforementioned Roger Pope here etc.

At which certain next now lord king’s court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., November 10 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland before the aforementioned bailiffs of the same town according to the custom and liberties abovesaid came both the abovesaid Roger Pope and the aforementioned Richard Moynes by their abovesaid attorneys. And thereon the abovesaid Roger Pope seeks that the abovesaid Richard Moynes answer to the abovesaid narration.

Thereon the abovesaid Richard Moynes as before defends force and injury when etc., and all and whatever etc. And for a plea says that the abovesaid plaintiff ought not have or maintain his abovesaid action against him, because he says that the same defendant is not guilty of the premisses above imputed to him in the manner and form as the abovesaid Roger Pope above complains against him. And of this he puts himself on the countryside. And the abovesaid plaintiff similarly. Therefore, according to the custom of the town abovesaid, it is ordered to John Gittins, John Buttry, and Richard Fawkener three serjeants at mace within the town of Shrewsbury abovesaid and minister of the court abovesaid that he make to come here, scilt., at the town of Shrewsbury at the lord king’s next court of the abovesaid town to be held on Tuesday, scilt., November 17 next to come in the guildhall of the same town before the bailiffs of that town here 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc.

At which certain next lord king’s court held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on the said Tuesday, viz., November 17 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland [November 17, 1607] before the aforementioned bailiffs of the same town according to the custom abovesaid came both the abovesaid Roger Pope and the aforementioned Richard Moynes by their abovesaid attorneys. And the abovesaid serjeants at mace and ministers of the abovesaid court returned the abovesaid precept directed to them in the abovesaid form served and executed in everything with the names of the jurors in a panel annexed to the same precept, as it was ordered to them by that precept. [IMG 1203]

And afterwards process having continued between the aforementioned Roger Pope and Richard Moynes concerning the abovesaid plea by juries put thereof between them into respite here until the lord king’s court of the abovesaid town held on December 8 in the 5^th year of the reign of the said lord king of England, France, and Ireland and the 41^st of Scotland [December 8, 1607] before the aforementioned Richard Moynes by their abovesaid attorneys and the jurors thereof impaneled, viz., Thomas Browne tailor, Edward Wright tailor, John Bucknall joiner, William Jones sherman, Edward ap Edward weaver, Richard Lea glover, Richard Hussey glover, William Lee weaver, Thomas Evans sherman, John Ryder sherman, Edward Jones sherman, and Roger Hussey tailor, exacted, similarly came, who, chosen, tried, and sworn to tell the truth of the premisses, say on their oath that the abovesaid Richard Moynes is guilty of the premisses above imputed to him in the manner and form as specified in the abovesaid narration and assessed the damages of the same Roger Pope by that occasion beyond his outlays and costs put out by the same aforementioned Roger Pope on his abovesaid suit in this part at £20 and for those outlays and costs at 1d. Thereon, the premisses having been seen and more fully understood by the court here, it is considered by the court abovesaid that the abovesaid Roger Pope recover against the aforementioned Richard Moynes his abovesaid damages at £20 and 1d assessed by the abovesaid jurors in the abovesaid form as well as 6s5d adjudicated to the same Roger Pope at his request for his outlays and costs by the court here by way of increment, which certain damages in all amount to £20 6s6d, and the abovesaid Richard Moynes in mercy etc.

And thereon according to the custom and liberty of the abovesaid town afterwards, scilt., at the said lord king’s court of the abovesaid town on Tuesday, viz., December 15 in the 5^th year of the reign of said now lord king of England, France, and Ireland and 41^st of Scotland [December 15, 1607] it is ordered to John Buttry one of the serjeants at mace and minister of this court that he take the abovesaid Richard Moynes if etc., and him safely etc., so that he have his body before the bailiffs of the same town at the next court of the lord king to be held here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town on Tuesday, viz., December 22 next to come [December 22, 1607] according to the custom of the liberty abovesaid there then to satisfy the aforementioned Roger Pope concerning the abovesaid £20 6s6d.

At which certain next court of the lord king held here, scilt., at the town of Shrewsbury abovesaid in the abovesaid guildhall on the Tuesday, viz., the abovesaid December 22 in the abovesaid 5^th year of the said now lord king’s reign of England, France, and Ireland and the 41^st of Scotland [December 22, 1607] before the aforementioned bailiffs of the same town according to the custom and liberties of the abovesaid town etc., came the abovesaid Roger Pope by his abovesaid attorney. And the abovesaid John Buttry serjeant etc., and minister of this court abovesaid now here sends that the abovesaid Richard Moynes is not found within the town of Shrewsbury abovesaid nor within the liberty of the same town. Therefore according to the custom and liberties of the abovesaid town afterwards, scilt., at the abovesaid lord king’s court of the abovesaid town held on the said Tuesday, viz., December 22 in the 5^th year of the reign of the said now lord king of England, France, and Ireland, and 41^st of Scotland [December 22, 1607], it is ordered to Richard Fawkener one of the serjeants at mace and a minister of this court abovesaid that he take the abovesaid Richard Moynes if etc., and in his default the aforementioned William Wilkes and Francis Tipton his pledges if etc., and them safely etc., so that they have the body of the said Richard Moynes or the body of his pledges before the bailiffs of the same town at the next lord king’s court to be held after [the receipt] of this precept here, scilt., at the town of Shrewsbury abovesaid in the guildhall of the same town according [IMG 2599] to the custom and liberties abovesaid then to satisfy the aforementioned Roger Pope of the abovesaid £20 6s6d.

At which certain next court of the lord king held here, scilt., at the town of Shrewsbury abovesaid in the guildhall abovesaid, scilt., on Tuesday being January 12 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland [January 12, 1608] before the aforementioned bailiffs of the same town according to the custom and liberties of the abovesaid town etc., came the abovesaid Roger Pope by his abovesaid attorney. And the aforementioned Richard Fawkener serjeant etc., and minister of the abovesaid court returned the abovesaid precept directed to him in the abovesaid form served and executed in everything, viz., that he by virtue of that abovesaid precept directed to him on January 6 in the abovesaid 5^th year of the reign of the said now lord king of England, France, and Ireland and the 41^st of Scotland took the body of the abovesaid Richard Moynes, whose body now here he has ready to satisfy the aforementioned Roger Pope of the abovesaid £20 6s6d as by that precept it was ordered to him.

Afterwards, scilt., on Saturday next after the Octaves of St. Hilary this same term before the lord king at Westminster comes the abovesaid Richard Moynes by Peter Wood his attorney. And he says that in the abovesaid record and process as well as in the rendering of the abovesaid judgment it was manifestly erred in this, viz.,

whereas the abovesaid Roger in his abovesaid narration shows and alleges that every serjeant at mace of and in the town of Shrewsbury for the time being ought and might at the asking of any person giving or offering to give by himself or by another to the same serjeant his reasonable fees therefor to arrest or to attach any other person by his body within the abovesaid town of Shrewsbury not showing or declaring in certain what fee was owed or payable within the town of Shrewsbury abovesaid to this manner serjeant at mace for each such arrest made or to be made on any person within the liberty abovesaid as he ought to have shown, and thereon on account of that uncertainty manifestly it was erred.

Likewise it was erred in this that it does not appear by the abovesaid narration that any court within the abovesaid town from time whereof the memory of men runs not to the contrary was used or accustomed to be held either when or as often in the year or in way that court there was supposed to be held or whether by the custom of the abovesaid town that court had or was supposed or was accustomed to have any authority to hold pleas against a person for any such action of debt of £20 or not, or whether that court then had the authority or power to cause any person to be arrested by his body for any this manner debt or not, and thus that narration is completely uncertain and that judgment on account of that uncertainty is completely void in law.

And he seeks etc. [Nothing more appears in the enrollment.]