Winchester attorneys: Robert Badger, Henry Mather

     King's Bench error plaintiff's attorney: Thomas Stransham

The lady queen sent to the bailiff of Robert, the bishop of Winchester of his Cheyney court her writ close in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiff of Robert the bishop of Winchester of his court of the Cheyney court, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you in the abovesaid court without our writ according to the custom of the same court between John Terell and Andrew Bensted concerning a debt of £20 that the same John exacts from the aforementioned Andrew as it is said manifest error has intervened to the grave damage of the same Andrew as from his complaint we have received, we, wanting the error if any there was to be corrected in due manner and full and swift justice to be done to the parties abovesaid in this part, order you as formerly we ordered that if judgment has been rendered thereof then send the abovesaid record and process with everything touching them to us under your seal, and this writ, so that we have them at 15 days after Holy Trinity wherever we shall then be in England so that, the record and process abovesaid 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, or signify to us the cause why you have so little valued our order formerly directed to you. Tested me myself at Westminster June 8 in the 13^th year of our reign. Standen.

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

The Soke. The court of the reverend father in Christ Robert, the bishop of Winchester called the Cheyney court held at the abovesaid soke before John Potinger bailiff of the abovesaid court according to the custom of the abovesaid soke used and approved in the same soke from time whereof there is no memory, on January 26 in the 12^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [January 26, 1570].

At this court comes John Teryll of Riplington in the county of Hampshire yeoman in his proper person and complains against Andrew Benstede of West Harting in the county of Sussex yeoman concerning a plea that he render to him £20 that he owes him and unjustly detains etc. And he finds pledges to prosecute his complaint abovesaid against the aforementioned Andrew Bensted in the abovesaid plea, viz., John Doo and William Northe etc. And he seeks process thereof to be made against the aforementioned Andrew. And he puts in his place Robert Badger against the aforementioned Andrew Bensted in the abovesaid plea. Therefore according to the custom of the abovesaid Soke it is ordered to John Colson serjeant at mace and minister of the abovesaid court that he summon by good summoners the aforementioned Andrew Benstede to be at the next court of the Cheyney court to be held on February 9 next to come [February 9, 1570] to answer the aforementioned John Teryll concerning the plea abovesaid. The same day is given to the aforementioned John here etc.

At which certain court held here, scilt., at the abovesaid soke before the aforementioned bailiff on February 9 in the 12^th year abovesaid [February 9, 1570] according to the custom of the abovesaid soke comes the abovesaid John Terill by the abovesaid Robert Badger his attorney and offers himself against the aforementioned Andrew Bensted in the abovesaid plea; and he, solemnly exacted, does not come. And the abovesaid John Colson serjeant at mace and minister of the abovesaid court now attests that the abovesaid Andrew has nothing in the abovesaid soke or within the jurisdiction of the abovesaid court whereby he can be summoned, whereby it is ordered to the same John Colson serjeant at mace and minister of the abovesaid court that he take [IMG 0608] the aforementioned Andrew Bensted if etc., and guard him safely so that he have his body before the aformentioned bailiff at the next court to be held here, scilt., at the abovesaid soke, on February 16 next to come to answer the aforementioned John Terill concerning the abovesaid plea. The same day is given to the aforementioned John here etc.

At which certain court held here, scilt., at the abovesaid soke before the aforementioned bailiff on February 16 in the abovesaid 12^th year [February 16, 1570] according to the custom of the soke abovesaid comes the abovesaid John Terill by his abovesaid attorney and offers himself against the aforementioned Andrew Benstede in the abovesaid plea. And he, solemnly exacted, does not come. And the abovesaid John Colson serjeant at mace and minister of the abovesaid court now attests that he took the body of the abovesaid Andrew and that John Felder cleric mainperned and went pledge to have the body of the abovesaid Andrew here at this court and thus from to day at each day of the plea until the abovesaid plea be determined and judgment thereof be rendered, viz., body for body to answer to the aforementioned John Terill in the abovesaid plea according to the custom of the abovesaid soke, whereby it is considered by the court that the abovesaid John Felder be in mercy 3d. And thereon it is ordered to the same John Felder that he have the abovesaid body of Andrew Bensted at the next court to be held here, scilt., at the abovesaid soke, on February 23 next to come to answer the aforementioned John Terill in the abovesaid plea. The same day is given to the same John Terill here etc.

At which certain court held here, scilt, at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on February 23 in the abovesaid 12^th year [February 23, 1570] comes the abovesaid John Terill by his abovesaid attorney and offers himself against the same Andrew Bensted in the abovesaid plea. And he, solemnly exacted, does not come. Therefore it is considered by the court that the abovesaid John Felder be in mercy 4d. [IMG 1682] And as formerly it is ordered to the same John Felder that he have the body of the abovesaid Andrew Bensted at the next court to be held, scilt,, here at the soke abovesaid before the aforementioned bailiff on March 2 next to come to answer the aforementioned John Terill in the abovesaid plea. The same day is given to the same John Terill here etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on March 2 in the abovesaid 12^th year [March 2, 1570] comes the abovesaid John Terill by his abovesaid attorney and offers himself against the aforementioned Andrew Benstede in the abovesaid plea. And he, solemnly exacted, does not come. Therefore it is considered by the court that the abovesaid John Felder be in mercy 6d. And further it is ordered to the same John Felder that he have the body of the abovesaid Andrew Benstede at the next court to be held here at the abovesaid soke on March 9 next to come to answer the aforementioned John Terill in the abovesaid plea. The same day is given to the aforementioned John Terill here etc.

At which certain court here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on March 9 in the abovesaid 12^th year [March 9, 1570] comes the abovesaid John Terill by his abovesaid attorney and offers himself against the aforementioned Andrew Benstede in the abovesaid plea. And he, solemnly exacted, does not come, but a certain Henry Mather made himself essoiner de malo veniendi against the aforementioned John Terill concerning the abovesaid plea, and he has day by his essoiner until the next court to be held, scilt., here at the abovesaid soke on March 16 next to come etc., and then to answer the aforementioned John Terill in the abovesaid plea. The same day is given to the same John Terill here etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on March 16 in the abovesaid 12^th year [March 16, 1570] comes the abovesaid John Terill by his abovesaid attorney and offers himself against the abovesaid Andrew Bendstede in the abovesaid plea. And he, solemnly exacted, does not come. Therefore it is considered by the court that the abovesaid John Felder be in mercy 8d. And thereon the abovesaid John Terill by his abovesaid attorney seeks process to be made according to the custom of the abovesaid court against the aforementioned John Felder pledge of the abovesaid Andrew Benstede. Therefore according to the custom of the abovesaid soke it is ordered to John Colson serjeant at mace and minister of the abovesaid court that he take the abovesaid John Felder pledge of the abovesaid Andrew Benstede if etc., and guard him safely without any mainprize so that he have his body here at the next court to be held at the abovesaid soke according to the custom of the same soke on March 23 next to come to answer the aforementioned John Terill in the place of Andrew Benstede in the abovesaid plea unless the same Andrew then there is ready to answer the same John Terill in the abovesaid plea. The same day is given to the same John Terill here etc.

At which certain court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the same soke on March 23 in the abovesaid 12^th year [March 23, 1570] comes both the abovesaid John Terill by his abovesaid attorney and the abovesaid Andrew Benstede by Henry Mather his attorney. Thereon the same John Terill by his abovesaid attorney by narrating says:

Andrew Benstede of West Harting in the county of Sussex yeoman was summoned to answer John Terill of Riplington in the county of Hampshire yeoman concerning a plea that he render to him £20 that he owes him and unjustly detains etc. And wherefore the same John by Robert Badger his attorney says that, whereas the abovesaid Andrew on July 9 in the 3^rd year of the reign of the Lady Elizabeth queen of England [July 9, 1561] here at the soke within the jurisdiction of this court by his certain obligatory bill that the same John proffers here in court sealed by the seal of the abovesaid Andrew, the date of which is the same day and year, acknowledged that he owes to the same John the abovesaid £20 to be paid to the same John, his executors or assigns when he should be required thereof and to make the same payment well and faithfully the abovesaid Andrew obligated himself, his heirs and executors by the same bill, nevertheless the abovesaid Andrew although often asked has not yet rendered the abovesaid £20 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 £10, and thereof he produces his suit etc.

And the abovesaid Andrew Benstede by Henry Mather his abovesaid attorney comes and defends force and injury when etc., and he seeks license to emparl until the next court to be held here at the abovesaid soke before the aforementioned bailiff on April 6 next [IMG 1683] to come. And he has it etc. The same day is given to the same John Terill here etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on April 6 in the abovesaid 12^th year [April 6, 1570] come both the abovesaid John Terill by the abovesaid Robert Badger his attorney and the abovesaid Andrew Benstede in his proper person. And the abovesaid Andrew as before defends force and injury when etc. And he says that the abovesaid John Terill ought not have his abovesaid action against him, because he says that he paid the aforementioned John Terill the abovesaid £20 specified in the abovesaid bill at the mansion house of the abovesaid Andrew Benstede at West Harting abovesaid in the said county of Sussex long before the levying of the abovesaid action. And this he is ready to verify, wherefore he seeks judgment if the abovesaid John Terill ought to have his abovesaid action against him etc.

And the abovesaid John Terill by his attorney abovesaid says that he has no need nor is bound by the law of the land to answer the abovesaid plea of the abovesaid Andrew pleaded above in the abovesaid form. Therefore for default of sufficient response of the abovesaid Andrew in this part the same John seeks judgment and his abovesaid debt together with damages etc., to be adjudicated to him.

And the abovesaid Andrew Benstede seeks a day to rejoin until the next court to be held here at the abovesaid soke before the aforementioned bailiff on April 13 next to come, and has it. The same day is given to the aforementioned John Terill here etc. And afterwards a certain Edward Paskyns mainperned and went pledge to have the aforementioned Andrew Benstede here at the next court and thus from day to day at each day of the plea until the same plea is determined and judgment has been rendered thereof to answer the aforementioned John Terill in the abovesaid plea, viz., body for body etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on April 13 in the abovesaid 12^th year [April 13, 1570] come both the abovesaid John Terill by the abovesaid Robert Badger attorney and the abovesaid Andrew Benstede by the aforementioned Henry Mather his attorney. And the abovesaid Andrew Bensted by his abovesaid attorney says that since he pleaded sufficient matter in law in bar of the action of the abovesaid John Terill above, which certain matter the same Andrew is ready to verify and the abovesaid John does not deny it nor answer anything to it but wholly refuses to admit that verification, he seeks judgment and that the abovesaid John Terill be precluded from having his abovesaid action [IMG 0609] against the same Andrew etc.

And because the abovesaid bailiff wants himself to be advised of and on the abovesaid matter before he proceeds to render judgment thereof, day is given to the abovesaid parties until the next court to be held here at the abovesaid soke before the aforementioned bailiff on April 20 next to come to hear his judgment thereof etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the soke abovesaid on April 20 in the abovesaid 12^th year [April 20, 1570] come both the abovesaid John Terill by the abovesaid Robert Badger his attorney and the abovesaid Andrew Bensted by the abovesaid Henry Mather his attorney. And because the abovesaid bailiff is not yet advised to render judgment of and on the premisses, day is given to the parties abovesaid until the next court to be held here at the abovesaid soke before the aforementioned bailiff on April 27 next to come to hear their judgment thereof.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on April 27 in the abovesaid 12^th year [April 27, 1570] come both the abovesaid John Terill by his abovesaid attorney and the abovesaid Andrew Bensted by his abovesaid attorney. And because the bailiff is still not advised to render judgment of and on the premisses, day is given to the abovesaid parties until the next court to be held here at the abovesaid soke before the aforementioned bailiff on May 11 next to come to hear their judgment thereof etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on May 11 in the abovesaid 12^th year [May 11, 1570] come both the abovesaid John Terill by his abovesaid attorney and the abovesaid Andrew Benstede by his abovesaid attorney. And the abovesaid Andrew Benstede by the abovesaid Henry Mather his attorney proffers to the abovesaid bailiff the lady queen’s writ of certiorari, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiff of Robert, the bishop of Winchester of his court of the Cheyney court, greetings. Wanting for certain causes to be certified on the tenor of the records and processes of all and singular pleas, complaints, or actions that are before you in our abovesaid court without our writ according to the custom of the same court made, had, moved, or pending against Andrew Benstede, we order you that distinctly and openly you send the tenors abovesaid with everything touching them by whatsoever name the same Andrew is known to us in our chancery at three weeks after Holy Trinity next to come wherever it shall be under your seal, and this writ. Tested me myself at Westminster May 9 in the 12^th year of our reign [May 9, 1570] etc.

And he seeks allocation of the writ, and it is allocated by the court.

The Soke. The court of the reverend father in Christ Robert, the bishop of Winchester called the Cheyney court held at the abovesaid soke before John Pottinger bailiff of the abovesaid court according to the custom of the abovesaid soke used and approved in the same soke from time whereof there is no memory, on June 5 in the 12^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [June 5, 1570]

At this court comes the abovesaid John Terill by Robert Badger his abovesaid attorney and proffers [IMG 0610] to the aforementioned bailiff the lady queen’s writ de procedendo, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiff of Robert the bishop of Winchester of his court of the Cheyney court, greetings. Although lately wanting from certain causes to be certified on the tenors of records and processes of all and singular pleas or actions that were before you in our court abovesaid without our writ according to the custom of the same court had, made, or pending against Andrew Benstede, we lately ordered you by our writ to send distinctly and openly the abovesaid tenors with everything touching them by whatsoever name the same Andrew is known, to us in our chancery at a certain day contained in the said writ wherever it would be then under your seal, and our abovesaid writ, nevertheless, for some certain causes now moving us we order you that in the abovesaid pleas, complaints or actions abovesaid against the aforementioned Andrew moved or had before you as set out before you should proceed with that swiftness that of right and according to the law and custom of the abovesaid court your can, our said writ previously directed to you thereof as set our before notwithstanding. Tested me myself at Westminster on June 1 in the 12^th year of our reign etc. [June 1, 1570]

And he seeks allocation of that writ and it is allocated by the court.

And thereon comes the abovesaid Andrew Benstede by Henry Mather his abovesaid attorney and proffers to the aforementioned bailiff the lady queen’s writ of certiorari, the tenor of which follows in these words;

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith, etc., to the bailiff of Robert Horne, bishop, of his court of the Cheyney court, greetings. Wanting for certain causes to be certified on the tenors of the records and processes of all and singular pleas, complaints or actions that are before you or any of you in our abovesaid court without our writ according to the custom of the same city against Andrew Benstede to whosoever’s suit made, had, moved, or pending, we order you that distinctly and openly you send the tenors abovesaid with everything touching them under whatsoever name the same Andrew is known in the pleas, complaints or actions abovesaid on the 15^th day of St. Michael next to come wherever it shall then be under the seals of you or one of you, and this writ. Tested me myself at Westminster June 19 in the 12^th year of our reign etc.

And he seeks allocation of the abovesaid writ. [IMG 1684]

And because the abovesaid bailiff wants to advise himself of and on the allocation of that writ and the other premisses before he proceeds further thereof etc., day is given to the parties abovesaid here until the next court to be held at the soke abovesaid before the aforementioned bailiff on June 22 next to come.

At which court held here at the abovesaid soke on June 22 in the abovesaid 12^th year before the aforementioned bailiff according to the custom of the abovesaid soke on June 22 in the abovesaid 12^th year [June 22, 1570] come the abovesaid John Terill by Robert Badger his attorney and the abovesaid Andrew Benstede by the abovesaid Henry Mather his attorney. And the abovesaid Andrew Benstede by his abovesaid attorney proffers to the abovesaid bailiff the writ of the lady queen of certiorari, the tenor of which follows in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiff of Robert, the bishop of Winchester of his court of the Cheyney court, greetings. Wanting for certain causes to be certified on the tenors of the records and processes of all and singular pleas, complaints, or actions that are before you in our abovesaid court without our writ according to the custom of the same court against Andrew Benstede at whosoever’s suit made, had, moved, or pending order you that distinctly and openly you send the tenors abovesaid with everything touching them by whatsoever name the same Andrew in the abovesaid pleas, complaints, or actions abovesaid is known on the Octaves of St. Michael next following wherever we shall be then, and this writ. Tested me myself at Westminster June 20 in the 12^th year of our reign etc.

And he seeks allocation of this writ, and it is allocated by the court.

The Soke. The court of the reverend father in Christ Robert, the bishop of Winchester known as the Cheyney court held at the abovesaid court before John Potinger bailiff of the court abovesaid according to the custom of the abovesaid court used and approved in the same from time whereof there is not memory, on February 1 in the 13^th year of the reign of Elizabeth queen of England, France, and Ireland, defender of the faith etc. [February 1, 1571]

At this court comes the abovesaid John Terill by Robert Badger his abovesaid attorney. And he proffers to the aforementioned bailiff the lady queen’s writ de procedendo, the tenor of which follows in these words:

Elizabeth, by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the bailiff of Robert, the bishop of Winchester of his court of the Cheyney court, greetings. Although we, lately wanting for certain causes to be certified on the tenors of all and singular complaints, pleas, or actions whatsoever that were in our abovesaid court without our writ according to the custom of the same court against Andrew Benstede at whosoever’s suits and whatsoever cause or causes had, made, moved, begun, or pending by our writ we ordered that distinctly and openly you send the tenors of the abovesaid pleas, complaints, or actions with everything touching them to us in our chancery at a certain day contained in our same writ wherever it then shall be under your seal, and our abovesaid writ, nevertheless from some certain causes now specially moving us we order you that in all and singular complaints, pleas, or actions abovesaid against the abovesaid Andrew Benstede with that swiftness that of right and according to the law and custom of the abovesaid court you are able you should proceed, our said writ directed to you previously thereof as set out before notwithstanding. Tested me myself at Westminster January 25 in the 13^th year of the our reign. [January 25, 1571]

And he seeks that that writ be allocated etc., and it is allocated by the court. And thereon the abovesaid John Terill seeks judgment etc., but because the abovesaid bailiff wants further to advise himself of and on all and singular the premisses before he proceeds to render judgment thereof, day is given [IMG 1685] both to the aforementioned John Terill and to the abovesaid Andrew Bensted until the next court to be held here at the abovesaid soke before the aforementioned bailiff on February 8 next to come to hear their judgment thereof etc. And it is said to the aforementioned Henry Mather the attorney of the abovesaid Andrew that he should then have here the aforementioned Andrew his master to hear that judgment if etc.

At which court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on February 8 in the abovesaid 13^th year [February 8, 1571] come both the abovesaid John Terill by his abovesaid attorney and the abovesaid Andrew Benstede by his abovesaid attorney. And thereon the abovesaid plea read, heard, and understood by the abovesaid Andrew Benstede above pleaded in bar of the action of the abovesaid John Terill, it seems to the abovesaid bailiff that the same plea is insufficient in law to preclude the abovesaid John Terill from his abovesaid action. Therefore it is considered by the court that the abovesaid John Terill should recover against the aforementioned Andrew Benstede his abovesaid debt, viz., £20 and his damages by occasion of that debt at 30s 2d adjudicated to the same John Terill from his assent by the court here, and the abovesaid Andrew in mercy. And thereon the abovesaid John Terill by his abovesaid attorney seeks execution against the aforementioned Andrew of the abovesaid debt and damages according to the custom of the abovesaid soke. Therefore it is ordered to the aforementioned John Colson serjeant at mace and minister of the abovesaid court that he take the aforementioned Andrew Benstede if etc., and guard him safely so that he have his body here at the next court to be held at the abovesaid soke before the aforementioned bailiff on February 15 next to come to satisfy the aforementioned John Terill of the debt and damages abovesaid whereof he is convicted etc.

At which certain court held here at the abovesaid soke before the aforementioned bailiff according to the custom of the abovesaid soke on February 15 in the abovesaid 13^th year comes the abovesaid John Terill by his abovesaid attorney. And the abovesaid John Colson returned that the abovesaid Andrew Benstede is not found in the abovesaid soke nor within the jurisdiction of the abovesaid court etc. And thereon the abovesaid John Terill by his abovesaid attorney seeks further execution of the debt and damages abovesaid both against the aforementioned Andrew and against [IMG 0611] the aforementioned Edward Paskyns the pledge of the abovesaid Andrew to be made according to the custom of the abovesaid soke etc. Therefore according to the custom of the abovesaid soke it is ordered to John Howmede at this time minister of the abovesaid court that he take the abovesaid Andrew Benstede or the abovesaid Edward Paskyns the pledge of the same Andrew if etc., and guard him who will be taken thus first safely so that he have his body here at the next court at the abovesaid soke before the aforementioned bailiff after the service of that precept to satisfy the aforementioned John Terill of the abovesaid debt and damages.

The Soke. The court of the reverend father in Christ Robert, the bishop of Winchester called the Cheyney court held at the abovesaid soke before John Potynger bailiff of the abovesaid court according to the custom of the abovesaid soke used and approved in the same soke from time whereof there is no memory until now, on March 1 in the 13^th year of the reign of Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc. [March 1, 1571]

At this court comes the abovesaid John Howmede and returns the precept directed to him served in all things, viz., that he by virtue of that precept took the body of the abovesaid Edward Paskyns on February 24 last past, viz., in the 13^th year abovesaid and has him ready as it was ordered to him. Thereon the abovesaid Edward Paskyns then present in court there at the prayer of the abovesaid John Terill was committed to the prison of “Wulnesay” there to remain until he shall have satisfied the same John Terill of the abovesaid debt and damages.

Afterwards, scilt., on the Thursday next after the third week after Michaelmas in this same term before the lady queen at Westminster comes the abovesaid Andrew Benstede by Thomas Stransham his attorney. And he says that in the record and process abovesaid and in the rendering of the abovesaid judgment manifestly it is erred for this, viz.,

that whereas the abovesaid Henry Mather appeared as the attorney of the same Andrew in the abovesaid plea, nevertheless the same Andrew says that by the abovesaid record it does not appear that abovesaid Henry Mather had any attorney warrant to warrant the appearance of the same Henry abovesaid, as it appears of record.

Moreover, in the record and process abovesaid and also in the rendering of the abovesaid judgment it was manifestly erred for this, viz., that whereas by the abovesaid record it appears that on the arrest made of the same Andrew by the abovesaid John Colson serjeant at mace and minister of the abovesaid court, a certain John Felder cleric became pledge and mainpernor of the same Andrew in the abovesaid plea as it appears of record, in this that before the abovesaid Edward Paskins mainperned and became pledge for the same Andrew no mention is made of the exoneration of the abovesaid John Felder of his abovesaid mainprise made by the same John for the Andrew nor that the abovesaid Andrew Benstedd at the abovesaid time of the mainprise of the abovesaid Edward Paskins was present in the abovesaid court or in the prison within the liberty abovesaid as above it appears of record

and further in the record and process abovesaid and also in the rendering of the abovesaid judgment it is manifestly erred for this, viz., that whereas by the record abovesaid manifestly it appears that the abovesaid Edward Paskyns only mainperned and became pledge to have the aforementioned Andrew at the next court of the abovesaid soke and thus from day to day at each day of the plea until the abovesaid plea would be determined and judgment thereof would be rendered body for body etc., and as well to pay the debt and damages abovesaid if it should happen that the abovesaid Andrew be convicted in the abovesaid plea, in this that on this manner recognizance recognized in the abovesaid body for body if the party of the mainpernor not appear a certain fine should be assessed on the mainpernor for non-appearance of the defendant and not the process for taking the mainpernor to satisfy the debt and damage recovered,

and by the record abovesaid further it appears that the abovesaid Andrew at each court while the abovesaid plea was pending until the judgment of the abovesaid plea was rendered appeared by his abovesaid attorney, and thus the abovesaid recognizance acknowledged by the same Edward in the abovesaid form by the abovesaid Andrew being performed in everything: the abovesaid precept to take the same Edward to satisfy the aforementioned John Terrill of the abovesaid debt and damages adjudged by the court abovesaid is completely void and of no effect in law, and the same precept was warranted and adjudicated without any judgment or warrant.

And the same Andrew seeks the lady queen’s writ to warn the abovesaid John 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., it should be made known to the aforementioned John to be before the lady queen on the Octaves of St. Hilary wherever etc., to hear the record and process abovesaid if etc., and further [IMG 0612] etc. The same day is given to the aforementioned Andrew etc.

At which day before the lady queen at Westminster comes the abovesaid Andrew by his attorney abovesaid. And the sheriff returned that by virtue of the abovesaid writ directed thereof to him he made the aforementioned John to be before the lady queen at the aforementioned term contained in the abovesaid writ by John Doo and Richard Roo prudent etc., as by the same writ it was ordered to him. And the abovesaid John on the 4^th day solemnly exacted comes by William Stampe his attorney. Thereon the same Andrew as before says that in the record and process abovesaid and also in the rendering of the abovesaid judgment manifestly it was erred by alleging the abovesaid errors alleged above by him in the abovesaid form and seeks that the abovesaid judgment on account of the abovesaid errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing and that he be restored to everything that by occasion of the abovesaid judgment he lost etc., and that the abovesaid John rejoin to the abovesaid errors etc., and that the court of the lady queen here proceed to examination of the record and process abovesaid on the matters abovesaid assigned above as errors.

         And the abovesaid John says that in the record and process abovesaid and in the rendering of the abovesaid judgment it is erred in nothing. He seeks similarly that the court of the lady queen here proceed to examination both of the record and process abovesaid and of the abovesaid matters above assigned as errors.

         And because the court of the lady queen here is not yet advised to render judgment of and on the premisses, day thereof is gien to the abovesaid parties in the status as now before the lady queen until the quindene of Easter wherever etc., to hear their judgment of and on the premisses etc., because the court of the lady queen here is not yet advised.

At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day further is given thereof to the abovesaid parties in the status as now before the lady queen until the morrow of Holy Trinity wherever etc., to hear their judgment of and on the premisses etc., because the court of the lady queen is not yet etc.

At which day before the lady queen at Westminster come the abovesaid parties by the their abovesaid attorneys. Thereon all and singular the premisses having been seen and by the court of the lady queen more fully understood and mature deliberation having been had thereof, it is considered that the abovesaid judgment on account of the abovesaid errors and others being in the abovesaid record and process be revoked, annulled, and completely had for nothing and that the abovesaid Andrew be restored to everything that he lost by occasion of the abovesaid judgment.

[Marginations:]

Let the judgment be revoked.

Let him be restored.