Thomas Tarrant v. Robert Chaper/Chaser and Margaret his wife executrix of William Tarrant
King's Bench error plaintiff's attorney: Richard Heywood
Error in king's bench (Easter term, 1539) on an action in the court of Wilton, Wiltshire
AALT images for Tarrant v. Chaser This action of error on a case of debt on a contract surprisingly took
only 11 days to go from the initiation of the suit in Wilton to the
issuance of the writ of error. The Wilton court did not decide the case
on a demurrer but rather sent the case then to a jury on the debt itself.
The errors assigned were (1) the lack of citation of the authority for
the court and the lack of specification about the name of the judge of
the court and (2) enforcement of a parole debt of a decedent against
the decedent’s executor against the common law. There was no
judgment noted after the enrollment of the record. The lord king sent to the mayor and bailiffs of his town of Wilton 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 mayor and bailiffs of his town of Wilton,
greetings. Because in the record and process and also in the
rendering of the judgment of a plea that was before you in the court
of the abovesaid town without our writ according to the custom of
the same town between Thomas Tarrant and Robert Chaper and
Margaret his wife executrix of the testament of William Tarrant
concerning a debt of 64s11d that the same Thomas exacts from the
aforementioned Robert and executrix as it is said manifest error has
intervened to the grave damage of the same Robert and the
executrix as from their complaint we have accepted, we, wanting
that the error if any there was to be corrected in due manner and
full and speedy justice to be done to the parties abovesaid in this
part, order you that if judgment thereof has been rendered, then
send the record and process of the plea abovesaid with all things
touching them to us under your seals distinctly and openly, and this
writ, so that we have them on the Octaves of St. Hilary wherever
then we shall be in England so that, the record and process
abovesaid having been inspected, we may do further thereof as of
right and according to the law and custom of our realm of England
should be done, and you the aforesaid mayor and bailiffs by
security to be found before you to answer the said Thomas [as to]
what pertains to him in this part if it happen that the abovesaid
judgment is affirmed in the meantime supersede the execution of
the same judgment completely. Tested me myself at Westminster
November 14 in the 30th year of our reign [November 14, 1538]. The record and process of which mention is made in the abovesaid writ
follow in these words: Pleas taken at Wilton before the mayor there on November 4 in the
30th year of the reign of King Henry VIII [November 4, 1538]. Thomas Tarrant complains against Robert Chaser and Margaret his
wife executrix of the testament of William Tarrant in a plea of debt
of £3 4s11d that he unjustly detains from him etc., wherefore the
same plaintiff in his proper person says that the said William
Tarrant in his life on October 16 in the 29th year of the reign of
King Henry VIII [October 16, 1537] here within the jurisdiction of
this court etc., borrowed from the said plaintiff £3 4s11d to be paid
to the same plaintiff at the feast of Pentecost then next following,
nevertheless the abovesaid William in his life and the said Robert
Chaser and Margaret his wife executrix of the testament of the said
William after the death of the same William did not pay the said £3
4s11d to the same plaintiff although often asked etc., and the said
William and Margaret still refuse to pay the said £3 4s11d and
unjustly detain them from the same plaintiff, wherefore the same
plaintiff says that he is worse off and has damages to the value of
20s and thereof produces suit. Pledges to prosecute; John Doo and
Richard Roo. And the abovesaid defendants in their proper persons come
and defend force and injury when etc., and say that the abovesaid
plaintiff ought not to have or maintain his abovesaid action against
them, because they say that they have no need nor by the law of the
land are bound to answer on a simple contract in the manner and
form pleaded, wherefore he seeks judgment if the abovesaid
plaintiff ought to have or maintain his abovesaid action against
them. And the abovesaid plaintiff comes in his proper person and
says that the declaration of the said plaintiff is sufficient in law to
compel the same defendant to answer, and of this he puts himself
on the countryside. And the abovesaid defendant similarly.
Therefore he should make to come at November 14 etc., at the 9th
hour etc. The abovesaid jurors come and say on their oath that the abovesaid
defendant owes the aforementioned plaintiff the abovesaid £3
4s11d, and they assess the damages at 5s, and for his outlays and
costs at 5s. Therefore it is considered by the court that the
abovesaid plaintiff recover his abovesaid debt, and for his
damages, outlays and costs taxed by the court at 5s, and let happen
execution thereof etc. Afterwards, scilt., on May 19 in this same term before the lord king at
Westminster comes the abovesaid Robert Chaser and Margaret his wife
by Richard Heywode their attorney, and they say that in the record and
process abovesaid and also in the rendering of judgment abovesaid
manifestly it is erred for this, viz., that in the abovesaid record no mention is made before which
judge nor by what authority, viz., whether by prescription or by
charter of the now lord king or of some of his progenitors the
abovesaid court was held, as it appears above of record. And further it is erred in the abovesaid record for this that although
by the law of the land no complaint or action of debt of any testator
deceased is maintainable against any executor or any executrix
with an obligatory writing of the testator attesting that debt,
nevertheless the abovesaid Thomas Tarrant prosecuted the
abovesaid action of debt against the abovesaid Robert Chaser and
Margaret his wife executrix of the testament of the abovesaid
William Tarrant for the abovesaid debt of the abovesaid testator
without any obligatory writing to maintain the abovesaid action, as
above appears of record. And the same Robert Chaser and Margaret seek the lord king’s writ to
warn the abovesaid Thomas Tarrant that he be before the lord king on
the Octaves of the Holy Trinity wherever etc., to hear the abovesaid
record and process if etc., and further etc. The same day is given to the
aforementioned Robert Chaser and Margaret etc. At which day before the lord king at Westminster come the abovesaid
Robert Chaser and Margaret by their attorney abovesaid, and the sheriff
did not send the writ thereof. Therefore as formerly it is ordered to the
sheriff that by prudent etc., he should make it to be known to the
aforementioned Thomas Tarrant that he be before the lord king on the
Octaves of St. Michael wherever etc., to hear the record and process
abovesaid if etc., and further etc. The same day is given to the
aforementioned Robert Chaser and Margaret etc.
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