Robert Sadler v. John Wyllymottys
Worcester attorneys: Henry Hewett, George Spellysbury
Error in king's bench (Hilary term, 1540) on an action in the court of Worcester, Worcestershire
AALT images for Sadler v. Wyllymottes This case of error concerned a case of debt on a contract in the court
of Worcester. No process was enrolled after the receipt of the
record, and thus no errors were assigned. The lord king sent to the bailiffs of his city of Worcester his writ close in
these words: Henry 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 his bailiffs of his city of Worcester, greetings.
Because in the record and process and also in the rendering of the
judgment of a plea that was before you in our court of the
abovesaid city without our writ according to the law and custom of
the same city between Robert Sadler and John Wyllymottys
concerning a debt of £6 that the same Robert exacts from the
aforementioned John as it is said manifest error intervened to the
grave damage of the same John as we have received from his
complaint, we, wanting the error if any there was to be corrected in
due manner and full and speedy justice to be done to the abovesaid
parties in this part, we order you that, if judgment has been
rendered thereof as has been said, then distinctly and openly send
the record and process of the abovesaid plea with everything
touching them to us under your seals, 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 for the correction of that error what of right and according
the law and custom of our realm should be done. Tested me
myself at Westminster November 23 in the 29th year of our reign.
[November 29, 1537]. The record and process of which mention is made in the abovesaid writ
follow in these words: The City of Worcester. Pleas held there on Monday next after the
feast of St. George the Martyr in the 29th year of the reign [April
30, 1537] before Humfrey Burneford and William Robynson
bailiffs of the city of Worcester according to the custom of the
same city used and approved there from time whereof the memory
of men runs not to the contrary etc. Complaint. Robert Sadler complains against John Wyllymottys
concerning a plea of debt demand of £6 that he owes him and
unjustly detains etc. Therefore it is ordered to the serjeant at mace
of the said city that he summon by good summoners the abovesaid
John Wyllymottys to be here at the next court, viz., Monday next
before the feast of Pentecost next etc., [May 14, 1537] to answer
the aforementioned Robert Sadler concerning the abovesaid plea
etc. And the same day is given to the aforementioned Robert here
etc. The City of Worcester. Pleas held there Monday next before the
feast of Pentecost in the 29th year of the reign of King Henry VIII
[May 14, 1537] before the aforementioned bailiffs etc., according
to the custom abovesaid etc. At which day here comes the abovesaid Robert Sadler and puts in
his place Henry Hewett his attorney against the aforementioned
John Wyllymottys concerning the abovesaid plea etc., and the
serjeants at mace etc., viz., Richard Bylyngsley, Thomas Collyns,
John Savell, and William Bolyngham now send that they
summoned the aforementioned John Wyllimottys to be here etc.,
by the summons of John Harte and Richard Quarte. And the
abovesaid John Wyllimottys was exacted and appeared and puts in
is his place George Spellysbury his attorney against the
aforementioned Robert concerning the abovesaid plea etc. John Wyllymottys was summoned to answer Robert Sadler
concerning a plea that he render to him £6 that he owes him and
unjustly detains etc. And wherefore the same Robert by Henry
Hewett his attorney says that, whereas the abovesaid John on
December 10 in the 27th year of the reign of King Henry VIII here
at Worcester in the ward of St. Andrew of the city of Worcester
within the jurisdiction of this court bought from the
aforementioned Robert 2 hogsheads of wine called claret wyne and
1 butt of wine called sacke for the abovesaid £6 to be paid to the
same Robert when he should be asked thereof, nevertheless the
abovesaid John Wyllymottys although often asked has not yet
rendered them to the aforementioned Robert 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 3s4d and
thereof produces suit etc. And the abovesaid John Wylimotys by George Spellysbury
his attorney comes and defends force and injury when etc., and
says that he does not owe the aforementioned Robert the abovesaid
£6 nor any penny thereof in the manner and form as the same
Robert against him narrated, and of this he puts himself on the
countryside. And the abovesaid John Wylmotys similarly [sic].
Therefore it is ordered to the serjeants at mace etc., that they make
to come here etc., viz., on Monday next after the feast of the Holy
Trinity next etc., [May 28, 1537] 12 etc., by whom etc., and who
neither etc., to recognize etc., because both etc., and the same day
is given to the parties abovesaid here etc. At which day here come the abovesaid parties; and the serjeants
etc., viz., Richard Bylyngsley, Thomas Colyns, John Savell, and
William Bolyngham now send that they attached Thomas Doding,
William Madeley, Edward Wattes, John Robertes, William Croote,
John Sheldon, Humfrey Lee, Phillip Elys, Walter Marshall,
Humfrey Nicholas, Thomas Wyand, Thomas Sherman, Roger
Clyveley, Roger Marche, Richard Manchester, Adam Symkyns,
Richard Flynte, John a Cassen, Henry Gamon, William Hide,
Roger Hilton, Richard Hampton, John Browne, and Hugh
Gardener to be here etc., to make the jury between the abovesaid
parties etc., [IMG 0094] and that each of the abovesaid jurors is
attached by himself by pledge of John Den and Richard Fene, and
the abovesaid jurors were exacted and none of them came.
Therefore it is ordered to the serjeants etc., that they have the
bodies of the abovesaid jurors here etc., viz., on Monday next after
the feast of Corpus Christi next etc., [June 4, 1537] to make the
jury between the parties abovesaid etc. And the same day is given
to the parties abovesaid here etc. At which day here come the parties abovesaid and the serjeants at
mace etc., now sent that each of the jurors abovesaid is mainperned
separately by himself by the mainpernors John Hert and Richard
Smart; and the abovesaid jurors were exacted and none of them
came. Therefore it is ordered to the serjeants etc., that they distrain
them by all their lands and chattels etc., so that they be here etc.,
viz., on Monday next after the feast of St. Ulstin [sic] next etc., to
make the jury between the parties abovesaid etc., and the same day
is given to the parties abovesaid here etc. At which day here come the parties abovesaid etc., and the
abovesaid serjeants etc., now send that each of the jurors by
themselves separately is distrained etc., the issues of each 6d; and
the abovesaid jurors were exacted and appeared, viz., Thomas
Doding, William Madeley, John Robertes, Adam Symkyns,
Richard Flynte, John a Cassen, Henry Gamon, William Hyde,
Roger Hilton, Richard Hampton, John Browne, and Hugh
Gardener, who indeed tried, sworn and burdened say on their oath
that the abovesaid John Wylmotys owes the aforementioned Sadler
5 marks parcel of the abovesaid debt in the manner and form
abovesaid as the same Robert Sadler against him narrated, and to
the residue, he does not owe in the manner and form as etc., and
they assess the damages by reason of the detention of that debt
beyond expenses at 4d, and for outlays, costs, and expenses thereof
put out on the suit in this part at 5s. Therefore it is considered by
the court abovesaid that the abovesaid Robert Sadler recover
against the aforementioned John Wylmotys the abovesaid 5 marks
together with 5s4d for damages and the costs and expenses above
taxed by the aforementioned jurors, and that John Wylmotys in
mercy, and also the abovesaid Robert Sadler in mercy for his false
claim. In testimony of which matter we Roger Warde and John
Wylliams now bailiffs of the lord king of his city of Worcester
have put our seals to this present record of the court of the
abovesaid city, date January 10 in the 29th year of the reign of King
Henry VIII [January 10, 1538]
0093,
0094