George Speere v. Edward Coveney
Wye attorneys: Thomas Goteley, William Evering
Error in king's bench (Hilary term, 1608) on an action in the court of Wye, Kent
AALT images for Speere v. Coveney This action of error on a suit of replevin in the court of Wye is a good
example of obvious paper pleading and also a use of the statutory
prohibition of usury. The lord king sent to the seneschal and bailiff of John Carey knight
baron of Hunsdon of his royal manor of Wye 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 seneschal and bailiff of
John Carey knight baron of Hunsdon of his royal manor of Wye,
greetings. Because in the record and process and also in the
rendering of judgment of a plea that was before you in the court of
the abovesaid manor without our writ according to the custom of
the same court between George Speere and Edward Coveney of the
beasts of the same George taken and unjustly detained as it is said
manifest error intervened to the grave damage of the same George
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 you send distinctly and
openly the abovesaid record and process with everything touching
them to us under your seal so we have them on the morrow of All
Souls wherever we shall then be in England, so that, the abovesaid
record and process having been inspected, we may make to be
done further for the correction of the error what of right and
according to the law and custom of our realm of England should be
done. Tested me myself at Westminster June 23 in the 5th year of
our reign of England, France, and Ireland and the 40th of Scotland
[June 23, 1607]. Alberye The execution of this writ appears in a certain parchment roll written and
sewn to this writ. The response of Matthew Hadde armiger seneschal of the royal
manor mentioned in that writ: The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., August 12 in the 3rd year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., the 39th of Scotland [August 12, 1605]
before Matthew Hadde armiger then seneschal of the court of the
royal manor abovesaid according to the custom of the abovesaid
royal manor used and approved in the same from time whereof the
memory of men runs not to the contrary, came a certain George
Speere in his proper person and complained to the same seneschal
against Edward Coveney concerning a plea of taking and unjust
detention of the beasts of the same George by the abovesaid
Edward before then within the liberty abovesaid taken and unjustly
detained. And according to the law of the land and the custom of
the abovesaid court used from the whole time abovesaid he sought
process for the replevy of his abovesaid beasts to be made thereof
to him. And it was granted to him then and there in the abovesaid
form, whereby then and there according to the custom of the royal
manor abovesaid used and approved in the same from time
whereof the memory of men runs not to the contrary, it is ordered
to Phillip Dence gentleman then bailiff and minister of the royal
court of the manor abovesaid that if the abovesaid George Speere
make the same Phillip Dence bailiff and minister of the royal
manor abovesaid secure of prosecuting his claim and also of the
beasts, viz., of 12 steers, in English, Norden steeres, of the same
George that the abovesaid Edward Coveney lately took and
imparked and in the park unjustly as it is said detained against gage
and pledges etc., to be returned if return is thereof adjudicated,
then he should make to be replevied to the same George Speere his
abovesaid beasts, and that he place by gage and safe pledges the
abovesaid Edward Coveney so that he be before the
aforementioned seneschal at the next court of the abovesaid royal
manor to be held at Wye abovesaid on Monday, viz., September 2
then next following to answer the aforementioned George Speere
concerning the abovesaid plea. The same day then is given to the
aforementioned George Speere there etc. The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., September 2 in the 3rd year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 39th of Scotland [September 2,
1605] before Matthew Hadde armiger then seneschal of the court
of the abovesaid royal manor according to the custom of the
abovesaid royal manor used and approved in the same from time
whereof the memory of men runs not to the contrary etc. At this court held then and there came both the abovesaid George
Speere in his proper person and the abovesaid Edward Coveney in
his proper person. And the abovesaid Phillip Dence then bailiff
and minister of the court of the abovesaid royal manor then here
returned that he by virtue of the abovesaid precept made to be
replevied to the abovesaid George Speere his abovesaid beasts as it
was ordered to him, because the abovesaid Edward Coveney has
nothing in his bailiwick whereby he can be attached. And thereon the abovesaid George Speere in the same court
then here put in his place Thomas Goteley his attorney against the
abovesaid Edward Coveney concerning the abovesaid plea. And similarly the abovesaid Edward then in the same court
here put in his place William Evering his attorney against the
abovesaid George Speere concerning the abovesaid plea. Thereon the abovesaid George by his abovesaid attorney at
this court then and there narrated against the aforementioned
Edward of and on the abovesaid plea in the form following: George Speere complains against Edward Coveney
concerning a plea of the taking and unjust detention of the
beasts of the same George. Pledges to prosecute and also to
make return of the abovesaid beasts if return thereof be
adjudicated, scilt., John Doo and Richard Roo. And whereof
the same George Speere by Thomas Goteley his attorney
complains that the abovesaid Edward Coveney on August 28
in the 3rd year of the reign of the our Lord James now king of
England etc., at Willesborough within the jurisdiction of this
court in a certain place there called Round North Peyns took
the beasts, viz., 13 steers, in English, Norden Steeres, of the
same George and detained them unjustly against gage and
pledges until etc., wherefore the same George Speere says
that he is worse off and has damages to the value of £40, and
thereof he produces suit etc. And thereon at the same court then and there the abovesaid Edward
Coveney by his abovesaid attorney defends force and injury when
etc. And he seeks license thereof to emparl here until the next
court to be held on Monday, viz., September 23 then next
following to answer the aforementioned George Speere concerning
the abovesaid plea. And he has etc. The same day is given then to
the aforementioned George Speere there etc. The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye held there on Monday, viz.,
September 23 in the 3rd year of the reign of our Lord James by the
grace of God king of England, France, and Ireland, defender of the
faith, etc., the 39th of Scotland [September 23, 1605] before
Matthew Hadde armiger then seneschal of the court of the royal
manor abovesaid according to the custom of the abovesaid royal
manor used and approved in the same from time whereof the
memory of men runs not to the contrary etc. At this court held then and there came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
Edward Coveney by his abovesaid attorney as before seeks license
thereof to emparl here until the next court to be held on Monday,
viz., October 14 then next following to answer the aforementioned
George Speere concerning the abovesaid plea. And he has etc.
The same day then is given to the aforementioned George Speere
there etc. [Further emparlments: From October 14 to November 4, 1605 From November 4 to November 25, 1605] The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., November 25 in the 3rd year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 39th of Scotland [November 25,
1605] before Matthew Hadde armiger then seneschal of the court
of the royal manor abovesaid according to the custom of the royal
manor abovesaid used and approved in the same from time
whereof the memory of men runs not to the contrary etc. At this court then and there held came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
Edward Coveney by his abovesaid attorney defends force and
injury when etc. And as bailiff of Richard Coveney he well
acknowledges the taking of the abovesaid beasts in the abovesaid
place in which etc., and justly etc., because he says that the same
place in which it is supposed the taking of the abovesaid beasts
was made contains and at the time of that taking above supposed to
have happened contained in itself 10 acres of pasture with
appurtenances in Willesborough abovesaid within the jurisdiction
of this court and that long before the abovesaid time at which etc.,
a certain Thomas Ellis gentleman was seised of and in the
abovesaid 10 acres of pasture with appurtenances among other
things in his demesne as of fee and thus being seised thereof the
same Thomas Ellis before the abovesaid time at which etc., scilt.,
on December 14 in the 39th year of the reign of the Lady Elizabeth
late queen of England etc., at Willesborough abovesaid within the
jurisdiction etc., by his certain indented writing made between the
same Thomas on one side and the aforementioned Richard on the
other side, the other part of which the same Edward here in court
proffers sealed with the seal of the abovesaid Thomas Ellis, the
date of which is the same day and year, granted, sold, and by that
writing confirmed to the aforementioned Richard Coveney a
certain annuity or annual rent of £4 of the lawful money of
England issuing and to be levied from the abovesaid 10 acres of
pasture with appurtenances in which etc., among other things by
the names of all that principle messuage of his called Burton
situated and being in Kennington in the county of Kent and of all
the lands, meadows, pastures, and pasturages looking to the
abovesaid messuage [IMG 2041] and also of all his other lands
and tenements whatsoever situated and lying in Kennington and
Willesborough abovesaid, Hinxhill, Brook, and Ruckinge in the
abovesaid county or elsewhere within this realm of England to
have, levy, receive, and take the abovesaid annuity or annual rent
to the aforementioned Richard Coveney his heirs and assigns in
perpetuity on June 18 and December 18 in equal portions annually
to be paid, the first payment thereof to be made and beginning on
June 18 next to come after the date of the indented writing
abovesaid, and if as often as it happen that the abovesaid annuity
or annual rent is in arrears unpaid in part or in whole after any day
of payment in which as it is set out before it ought to be paid, that
then and so often it is well permitted to the aforementioned
Richard, his heirs and assigns to enter on the said 10 acres of
pasture with appurtenances in which etc., among other things and
to distrain and chase, take, impark and retain with himself the
distraints thus there taken licitly therefrom until the abovesaid
annuity or annual rent and the arrears thereof if any there are
together with the damages, outlays, and expenses sustained on that
occasion be fully satisfied and paid to the same Richard, his heirs
or assigns, as in the abovesaid writing among other things it more
fully appears, by virtue of which grant that same Richard Coveney
was seised of the abovesaid annuity or annual rent in his demesne
as of fee. And because the £16 of the abovesaid annual rent for 4
whole years ended on June 18 in the 1st year of the reign of the said
now lord king of England was in arrears unpaid to the same
Richard on the same June 18 and at the same time at which etc., the
same Edward Coveney as bailiff of the abovesaid Richard Coveney
for the same £16 of the abovesaid rent being in arrears to the same
Richard in the abovesaid form well acknowledges the taking of the
abovesaid beasts in the abovesaid place in which etc., and unjustly
etc., as distraint in a parcel of the abovesaid tenements burdened
and obligated etc. And thereon the abovesaid George Speere by his abovesaid
attorney seeks license thereof to emparl here until the next court to
be held on Monday, viz., December 16 then next following and
then to plead in bar of the acknowledgment of the abovesaid
Edward Coveney in the abovesaid plea. And he has etc. The same
day is given then to the aforementioned Edward Coveney there etc. [Further emparlments: From December 16 to January 6, 1606 From January 6 to January 27, 1606] The Royal Manor of Wye. The court of John Carey knight baron
of of Hunsdon of his royal manor of Wye abovesaid on Monday,
viz., January 27 in the 3rd year of the reign of our lord James by the
grace of God king of England, France, and Ireland, defender of the
faith etc., and the 39th of Scotland [January 27, 1606] before
Matthew Hadde armiger then seneschal of the court of the royal
manor abovesaid according to the custom of the royal manor
abovesaid used and approved in the same from time whereof the
memory of men runs not to the contrary etc. At this court then and there held came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
George Speere by his abovesaid attorney then and there pleaded in
bar to the acknowledgment of the abovesaid Edward Coveney in
this form as follows: And the abovesaid George says that the abovesaid Edward as
the bailiff of the abovesaid Richard by the reason alleged
before ought not to acknowledge the taking of the abovesaid
beasts in the abovesaid place in which etc., as just, because
he says that by a certain act published in the parliament of the
Lady Elizabeth late queen of England held at Westminster in
the county of Middlesex on April 2 in the 13th year of her
reign among other things it was enacted by the authority of
the same parliament that a certain act made in the parliament
of the Lord Henry VIII late king of England at Westminster
abovesaid in the 37th year of his reign for the reformation of
usury [IMG 2042] from and after June 25 next following the
abovesaid April 2 in the abovesaid 13th year of the reign of
the said late queen would be revived and would stand in its
full strength, vigor and effect, in which certain act made in
the abovesaid parliament of the late King Henry VIII in the
abovesaid 37th year of his reign among other things it was
enacted by the authority of the same parliament that no
person or persons of whatsoever grade, estate, quality, or
condition he or they may be at any time after the last day of
January specified in the same act by way or means of any
corrupt bargain, load, exchange, borrowing, “le Shifte” or
interest of any commerce or merchandise or other king or
other things whatsoever or by any other corrupt or deceitful
way or means or by any association, device, or deceitful way
or conveyance should have, receive, accept, or take in profit
or gains, in English, gaines, for deferring or giving a day of
payment of one whole year and for his or their money or
other things that shall be owed for the same commerce,
merchandise or other thing or other things beyond the sum of
£10 in the £100, and thus according to the same rate and not
more of and for a greater or lesser sum for longer or shorter
time and not more or greater profit or sum having thereof
under the penalties and forfeitures mentioned and contained
in the same act as by the act made in the abovesaid 37th year
among others it more fully appears. And further by the
abovesaid act in the abovesaid parliament of the said late
queen held at Westminster abovesaid in the abovesaid 13th
year of her reign among other things by the authority of the
same Parliament it was enacted that all obligations, contracts,
and collateral assurances or others to be made for the
payment of some principal or money to be loaned or
covenant to be performed on or for some usury to be loaned
or made, anything against the abovesaid act then revived on
or by which borrowing or deed would be reserved or taken
beyond the rate of £10 for £100 for 1 year would be
completely void as by the same act of the 13th year abovesaid
it more fully appears. And the abovesaid George further says
that after the abovesaid June 25 specified in the abovesaid act
and before the abovesaid time of the taking of the abovesaid
beasts made, scilt., December 14 in the 34th year of the reign
of the said late queen abovesaid at Willesborough abovesaid
within etc., the abovesaid Thomas Ellis in the abovesaid
avowry above named from great need of £40 came to the
aforementioned Richard Coveney similarly named in the
abovesaid avowry asking the same Richard to lend to the
same Thomas this manner sum of £40, and thereon then and
there a certain colloquium was had between the same Thomas
and the abovesaid Richard that the same Richard would loan
to the same Thomas the same £40, and that the abovesaid
Richard would give to the same Thomas a day of payment for
the abovesaid £40 until on December 20 which then would
be in the year of the Lord 1594. Thereon then and there,
scilt., on the same December 14 in the 34th year abovesaid at
Willesborough abovesaid within etc., by way of corrupt
bargain it was corruptly concorded and agreed between the
same Thomas and the aforementioned Richard that for usury
by the same Richard for deferring and giving the abovesaid
day of having from the same Thomas payment of the £40
thus as set out before for lending until on the abovesaid
December 20 in the year of the lord 1594 abovesaid, the same
Thomas by his certain indented writing would give, grant,
sell, and confirm to the aforementioned Richard a certain
annuity or annual rent of £4 of the lawful money of England
issuing and to be levied from a certain messuage then the
same Thomas’s called Burton situated in Kennington in the
county of Kent and of all lands, meadows, pastures, and
pasturages then pertaining or looking to the same messuage,
and also of all thenceforth lands and tenements of the same
Thomas whatsoever then situated and lying in Kennington
and Willesborough abovesaid and in Hinxhill, Brook
abovesaid, and Ruckinge in the abovesaid county or
elsewhere within the realm of England to be had, levied,
received, and taken, the abovesaid annuity or annual rent to
be paid to the aforementioned Richard Coveney, his heirs and
assigns in perpetuity on June 18 and December 18 by equal
portions annually, the first payment to be made thereof and to
begin on June 18 then next following and if as often as it
happens that the abovesaid annuity or annual rent is in arrears
unpaid in part or in whole after any day of payment in which
as set out before it was supposed to be paid that then and so
often it is well permitted to the aforementioned Richard, his
heirs and assigns to enter and distrain on the abovesaid
messuages and all other the premisses and in each part and
parcel thereof and lawfully to lead therefrom, chase, take
away, impark, and retain with himself the distraints thus
taken there until the abovesaid annuity or annual rent and
arrears thereof if any there were together with the damages,
outlays, and expenses sustained by that occasion are fully
satisfied and paid to the same Richard, his heirs and assigns,
nevertheless provided always that if the same Thomas pay or
make to be paid or his heirs, executors or assigns pay or make
to be paid to the aforementioned Richard, his heirs,
executors, or assigns the abovesaid £40 together with the
arrears of the said annuity or annual rent [IMG 0563] that
there were on the abovesaid December 20 that was in the year
of the Lord 1594 abovesaid in the gate of the parish church of
Ashford in the abovesaid county that then payment of the
abovesaid annuity or annual rent would cease and determine
and that then this manner writing of grant of that annuity or
annual rent so to be made and the grant thereof would be void
and of no vigor or effect in law. And the same George
further says that the abovesaid Richard after the abovesaid
agreement had in the abovesaid form, scilt., the same
December 14 in the 34th year abovesaid at Willesborough
abovesaid within etc., loaned to the same Thomas the
abovesaid £40 according to the form of the abovesaid corrupt
agreement, the abovesaid Thomas thereon then and there by
his abovesaid indented writing now proffered here in court
gave, granted, sold, and confirmed to the aforementioned
Richard the abovesaid annuity or annual rent of £4 thence
issuing and to be levied from the then abovesaid messuages,
lands, and tenements of the same Thomas above mentioned to
have, levy, receive, and take the abovesaid annuity or annual
rent to the aforementioned Richard, his heirs and assigns in
perpetuity on June 18 and December 18 by equal portions
annually to be paid, the first payment thereof to be made and
begin on the abovesaid June 18 then next following, and if
and as often as it happen that the abovesaid annuity or annual
rent is in arrear unpaid in part or in whole after some day of
payment in which as it is set out above it ought to be paid that
then and so often it is well permitted to the aforementioned
Richard, his heirs and assigns to enter and distrain on the
abovesaid messuages and all other the premisses and in each
part and parcel thereof and to lead thence, chase, take away,
impark, and retain with himself the distraint thus there taken
lawfully until the abovesaid annuity or annual rent and
arrears thereof if there were any together with the damages,
outlays, and expenses sustained by that occasion were fully
satisfied and paid to the same Richard, his heirs or assigns,
and further by the abovesaid indenture it was provided that
nevertheless always if the abovesaid Thomas should pay or
make to be paid or his heirs, executors, or assigns should pay
or make to be paid to the aforementioned Richard, his heirs,
executors or assigns the abovesaid £40 together with the
arrears of the said annuity or annual rent if there were any on
the abovesaid December 20 that was then in the year of the
Lord 1594 abovesaid in the abovesaid gate of the parish
church of Ashford abovesaid that then the payment of the
abovesaid annuity or annual rent would cease and determine,
and that then that charter and grant abovesaid would be void
and of no vigor and effect at law. And the same George
further says that the abovesaid annuity or annual rent of £4 in
the abovesaid form to be had, levied, and taken for usury for
deferring and giving a day of the payment abovesaid of £40
as above in the abovesaid form reserved exceeds the rate of
£10 per £100 for one year against the form and effect of the
abovesaid statute from the 37th year of the reign of the said
late King Henry VIII abovesaid, and thus the same George
says that the abovesaid indented writing of the grant of the
annuity or annual rent abovesaid proffered here in court and
the abovesaid grant thereof in the abovesaid form made by
force of the abovesaid act of parliament in the 13th year of the
reign of the said late queen abovesaid are void in law and that
each of them is void in law, and this he is ready to verify,
wherefore since the abovesaid Edward has acknowledged
above the taking of the abovesaid beasts in the abovesaid
place in which etc., the same George seeks judgment and his
damages by occasion of the taking and unjust detention of
those beasts to be adjudicated to him etc. And thereon the abovesaid Edward Coveney by his abovesaid
attorney seeks license thereof to emparl here until the next court to
be held on Monday, viz., February 17 then next following and then
to replicate to the abovesaid plea in bar of the abovesaid George
Speere at the acknowledgment of the same Edward. And he has
etc. The same day is then given to the aforementioned George
Speere there etc. [IMG 0564] [Emparlments: From February 17 to March 10, 1606 From March 10 to March 31, 1606] The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., the last day of March in the 4th year of the reign of
our Lord James by the grace of God king of England, France, and
Ireland, defender of the faith etc., and the 39th of Scotland before
Matthew Hadde armiger then seneschal of the court of the royal
manor abovesaid according to the custom of the court of the royal
manor abovesaid used and approved in the same from time
whereof the memory of men to the contrary does not run. At this court then and there held came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
Edward Coveney by replicating pleaded to the bar of the same
George Speere to the acknowledgment of the same Edward in these
words: And the abovesaid Edward says that before the abovesaid
time at which etc., the abovesaid Thomas Ellis was seised of
and in the abovesaid 10 acres of pasture with appurtenances
in which etc., among others in his demesne as of fee, and thus
being seised thereof the same Thomas on the abovesaid
December 14 in the abovesaid 34th year of the reign of the
said late queen at Willesborough abovesaid within etc., by
way of legitimate bargain, contract, and loan for £40 of the
lawful money of England paid in hand to the same Thomas
by the abovesaid Richard then and there simply and without
any usury or illicit gain to be had or hoped for thereof
granted by the abovesaid indented writing proffered here in
court to the aforementioned Richard the abovesaid annuity or
annual rent of £4 issuing or to be levied from the abovesaid
10 acres of pasture with appurtenances in which etc., among
other things by the abovesaid names specified in the
abovesaid acknowledgment to be had and taken for the
aforementioned Richard, his heirs and assigns in perpetuity
on the abovesaid June 18 next after the abovesaid date of the
abovesaid indented writing with the abovesaid clauses of
distraint contained in the same indented writing, by virtue of
which grant the abovesaid Richard was seised of the
abovesaid annuity or annual rent of £4 in his demesne as of
fee and the abovesaid £16 of the abovesaid rent for the
abovesaid 4 whole years ended on the abovesaid June 18 in
the abovesaid 1st year of the reign of the said now lord king
etc., were in arrears unpaid to the same Richard on the same
June 18 and at the abovesaid time at which etc. as he above
alleged, without this that by way of corrupt bargain it was
corruptly concorded and agreed between the abovesaid
Thomas Ellis and the abovesaid Richard Coveney in manner
and form as the abovesaid George above alleged. And this he
is ready to verify, wherefore he seeks judgment and the return
of the beasts abovesaid together with the damages etc., to be
adjudicated to him etc. And thereon the abovesaid George Speere by his abovesaid
attorney seeks license thereof to emparl here until the next court to
be held on Monday, viz., April 21 then next following. And he has
etc. The same day is given to the aforementioned Edward there
etc. [Further emparlments: From April 21 to May 12, 1606] The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., May 12 in the 4th year of the reign of our Lord James
by the grace of God king of England, France, and Ireland, defender
of the faith etc., and the 39th of Scotland before Matthew Hadde
armiger then seneschal of the court of the royal manor abovesaid
according to the custom of the court of the royal manor abovesaid
used and approved in the same from time whereof the memory of
men runs not to the contrary etc. At this court then and there held came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
George Speere by his abovesaid attorney answers to the replication
of the abovesaid Edward Coveney in these words: And the abovesaid [IMG 2043] George as before says that
the abovesaid indented writing was made on a corrupt
bargain and loan against the form of the statute abovesaid in
manner and form as the abovesaid George above alleged.
And he seeks that this be inquired by the countryside. And thereon the abovesaid Edward Coveney by his attorney
abovesaid seeks license to emparl thereof here until the next court
to be held on Monday, viz., June 2 then next following. And he
has etc. The same day is given to the aforementioned George there
etc. [Further emparlments: From June 2 to June 23, 1606] The Royal Manor of Wye. The court of John Carey knight baron
Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., June 23 in the 4th year of the reign of our Lord James
by the grace of God king of England, France, and Ireland, defender
of the faith etc., and the 39th of Scotland [June 23, 1606] before
Matthew Hadde armiger the seneschal of the court of the royal
manor abovesaid according to the custom of the court of the
abovesaid royal manor used and approved in the same from time
whereof the memory of men runs not to the contrary etc. At this court then and there held came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
Edward Coveney by his abovesaid attorney answers to the
abovesaid plea of the same George Speere pleaded above by
rejoining and he demurred thereof in law in these words: And the abovesaid Edward Coveney says that the abovesaid
plea of the abovesaid George Speere pleaded to the
acknowledgment of the same Edward above by rejoining is
less sufficient in law to preclude the same Edward from
acknowledging his acknowledgment of the taking of the
abovesaid beasts in the abovesaid place in which etc., as just
or to maintain the aforementioned George having his
abovesaid action against the same Edward concerning the
same taking, and that he to that plea pleaded in the manner
and form abovesaid has no need nor is bound by the law of
the land to answer, because the plea of the abovesaid George
does not answer the traverse of the same Edward offered in
his replication abovesaid in the abovesaid form, as by the law
of the land he ought to have answered, and for this the
abovesaid George in his abovesaid plea offers an issue to be
tried by the countryside on matter not traversed nor otherwise
denied. And this he is prepared to verify, wherefore for lack
of a sufficient plea of the abovesaid George in the part, the
same Edward as before seeks judgment and the return of the
beasts abovesaid together with damages etc., to be
adjudicated to him etc. And thereon the abovesaid George
Speere seeks licence to emparl thereof here until the next
court to be held on Monday, viz., July 14 then next
following. And he has etc. The same day is given then to the
abovesaid Edward there etc. [Further emparlments: From July 14 to August 4, 1606 [IMG 2044] From August 4 to August 25, 1606] The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz. August 25 in the 4th year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 40th of Scotland [August 25,
1606] before Matthew Hadde armiger then seneschal of the royal
court of the abovesaid manor according to the custom of the
abovesaid royal manor used and approved in the same from time
whereof the memory of men runs not to the contrary etc. At this court held then and there came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. And thereon the abovesaid
George Speere by his abovesaid attorney joins in the demurrer in
law to the abovesaid demurrer in law of the same Edward
abovesaid in these words: And the abovesaid George from this that the abovesaid plea
pleaded by the same George to the abovesaid
acknowledgment of the abovesaid Edward above by rejoinder
and the matter mentioned in that plea are sufficient in law to
preclude the abovesaid Edward acknowledging his
acknowledgment of the taking of the abovesaid beasts in the
abovesaid place in which etc., as just and to maintain the
same George having his abovesaid action against the
abovesaid Edward concerning the same taking, which certain
matter the same George is ready to verify, the same George
as above seeks judgment and his damages by occasion of the
taking and unjust detention of the abovesaid beasts to be
adjudicated to him etc. And because the court here wants to advise itself of and on the
premisses before it renders its judgment thereof, therefore the
abovesaid parties have day here until the next court to be held on
Monday, viz., September 15 then next following to hear their
judgment thereof etc., because the same court here thereof not yet
etc. [Further continuations: From September 15 to October 6 From October 6 to October 27 From October 27 to [IMG 0565] November 17 From November 17 to December 8 From December 8 to December 29, 1606 From December 29 to January 19, 1607] The Royal Manor of Wye. The court of John Carey knight baron
Hunsdon of the royal manor of Wye abovesaid held there on
Monday, viz., January 19 in the 4th year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 40th of Scotland [January 19,
1607] before Matthew Hadde armiger then seneschal of the court
of the royal manor abovesaid according to the custom of the court
of the royal manor abovesaid used and approved in the same from
time whereof the memory of men runs not to the contrary. [IMG
0566] At this court held then and there came both the abovesaid George
Speere by his abovesaid attorney and the abovesaid Edward
Coveney by his abovesaid attorney. Thereon, the premisses having
been seen and more fully understood by the court here and mature
deliberation having been had, it seems to the same court here that
the abovesaid plea of the abovesaid George Speere pleaded above
by rejoinder is less sufficient in law to preclude the abovesaid
Edward Coveney from acknowledging his abovesaid
acknowledgment of the taking of the abovesaid beasts in the
abovesaid place in which etc., as just or to maintain the
aforementioned George to have his abovesaid action against the
abovesaid Edward concerning the same taking as the abovesaid
Edward above alleged. Therefore it is considered that the
abovesaid George Speere take nothing for his abovesaid complaint
but be in mercy for his false claim. And the abovesaid Edward go
thereof without day etc., and have the return of the abovesaid
beasts to be detained irrepleviable to him in perpetuity, and how
etc., the bailiff and minister of the court of the royal manor
abovesaid should make to establish to the next court to be held on
Monday, viz., February 9 then next following, it is considered also
that the abovesaid Edward ought to recover his damages by the
before set out occasion against the aforementioned George Speere,
but because it is not known to the court here what damages the
same Edward sustained by occasion of that precept it is ordered to
the bailiff and minister of the court of the royal manor abovesaid
that by the oath of prudent and lawful men of his bailiwick within
the abovesaid royal manor he inquire what damages the same
Edward sustained both by the before set out occasion and by his
outlays and costs put out by him on his suit in this part, and the
inquest that etc., the bailiff and minister of the court of the royal
manor abovesaid should make to be established here at the
aforementioned next court under the seal etc., and seals etc. The Royal Manor of Wye. The court of John knight baron of
Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., February 9 in the 4th year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 40th of Scotland [February 9,
1607] before Matthew Hadde armiger then seneschal of the court
of the royal manor abovesaid according to the custom of the
abovesaid royal manor used and approved in the same from time
whereof the memory of men runs not to the contrary etc. At this court held then and there came the abovesaid Edward
Coveney by his abovesaid attorney, but the bailiff and minister of
the court of the royal manor abovesaid did not send the precept of
having a return nor the abovesaid precept for inquiring of the
damages between the abovesaid parties directed as before to him.
Therefore as formerly it is ordered to the same bailiff and minister
of the court of the royal manor abovesaid that he make the return to
the same Edward Coveney of the abovesaid beasts to be detained
to him irrepleviable in perpetuity in the abovesaid form and how
etc., the bailiff and minister of the abovesaid court should make to
be known here at the next court of the abovesaid royal manor to be
held on Monday, viz., on March 2 then next following, and also
that by the oath of prudent and lawful men of his bailiwick within
the royal manor abovesaid he should diligently inquire what
damages the same Edward Coveney sustained both by the above
set out occasion and by his outlays and costs put out by him on his
suit in this part, and the inquisition that etc., he should make
known here at the next court of the royal manor abovesaid to be
held on the abovesaid Monday, viz., March 2 then next following
under the seal etc., and the seals etc. The Royal Manor of Wye. The court of John Coveney knight
baron of Hunsdon of the royal manor of Wye abovesaid held on
Monday, viz., March 2 in the 4th year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 40th of Scotland [March 2, 1607]
before Matthew Hadde armiger then seneschal of the court of the
royal manor abovesaid used and approved in the same from time
whereof the memory of men does not run to the contrary etc. At this court held then and there came the abovesaid Edward
Coveney by his abovesaid attorney. And James Mascall gentleman
then bailiff and minister of the royal court of the abovesaid manor
returned here a certain inquisition taken before him here at Wye
within the liberty of the royal manor abovesaid on February 19 in
the [4th] year of the reign of our Lord James now king of England,
etc., and of Scotland the 40th within the royal manor abovesaid by
virtue of the precept directed to him thereof by the oath of Thomas
Brett, Thomas Wood, Thomas Hanle, David Birchett, Matthew
Taylor, Henry Tritton, Richard Wood, John Stevens, John Dence,
jr., Edward Mills, William Glover, and Richard Martin prudent and
lawful men of his bailiwick, by which it was found that the
abovesaid Edward Coveney sustained damages by the above set
out occasion beyond his outlays and costs put out by him on his
suit in this part at £5; and for those outlays and costs at 4d.
Therefore it is considered that the abovesaid Edward Coveney
recover against the abovesaid George Speere his abovesaid
damages at £5 4d found by the abovesaid inquisition in the
abovesaid form as well as £5 10s adjudicated to the same Edward
at his request for his outlays and costs abovesaid by the court here
by way of increment, which certain damages in all amount to £10
10s4d. And as to the execution of the precept abovesaid as to the
return of the abovesaid beasts mentioned in that precept, the same
bailiff and minister of the court of the abovesaid royal manor
returned that before the arrival of that precept the abovesaid beasts
were eloigned by the abovesaid George Speere to places unknown
whereby those beasts could not be returned to the same Edward
Coveney as that precept exacted and required on him. And thereon
the abovesaid Edward Coveney by his abovesaid attorney seeks
here a precept of capias in witherrnam etc. And it is granted to
him. Thereon it is ordered to the bailiff and minister of the court of
the royal manor abovesaid that from other beasts of the abovesaid
George Speere he take in withernam to the value of his beasts
taken before and deliver them to the aforementioned Edward to be
detained thus until the abovesaid beasts taken before are returned
to the same Edward, and that he put by gage and safe pledges the
aforementioned George Speere so that he be here [IMG 2045] at
the next court to be held, viz., on March 23 then next following to
answer both to the abovesaid John Carey knight baron of Hunsdon
lord of the royal manor abovesaid concerning the abovesaid
contempt and to the aforementioned Edward Coveney concerning
the damages and injury inflicted on him in this part etc. The Royal Manor of Wye. The court of John Carey knight baron
of Hunsdon of his royal manor of Wye abovesaid held there on
Monday, viz., March 23 in the 4th year of the reign of our Lord
James by the grace of God king of England, France, and Ireland,
defender of the faith etc., and the 40th of Scotland [March 23,
1607] before Matthew Hadde armiger then seneschal of the court
of the royal manor abovesaid according to the custom of the royal
manor abovesaid used and approved in the same from time
whereof the memory of men runs not to the contrary. At this court held then and there came the abovesaid Edward
Coveney by his abovesaid attorney. And the bailiff and minister of
this court of the royal manor abovesaid returned that the abovesaid
George Speere has no beasts in his bailiwick within the royal
manor abovesaid that in any way could be taken in withernam, and
further that the same George Speere has no goods or chattels in his
bailiwick within the liberty of the royal manor abovesaid whereby
he can be attached etc. Afterwards, scilt., on Thursday next after the Octaves of the Purification
of the Blessed Mary this same term before the lord king at Westminster
came the abovesaid George Speere in his proper person. And he says
that in the abovesaid record and process and also in the rendering of the
abovesaid judgment manifestly it was erred in this, viz., for this that it appears in the abovesaid record that the beasts
specified in the complaint and narration abovesaid were taken and
unjustly detained by the abovesaid Edward Coveney on August 28
in the abovesaid 3rd year of the reign of the Lord James now king
of England. And the complaint of the taking and unjust detention
of the abovesaid beasts is recorded at the court of John Carey
knight baron of Hunsdon of his royal manor of Wye abovesaid
held there on the Monday, viz., August 12 in the 3rd year abovesaid
long before any cause of action by the abovesaid George Speere
was given to the aforementioned Edward Coveney, which is
impossible and repugnant. Likewise, it was erred in this for this that the abovesaid complaint
specified in the abovesaid record having been affirmed and the
plaintiff narrated against the aforementioned defendant at the
certain court held before the seneschal abovesaid according to the
custom of the manor abovesaid and judgment for return of the
beasts abovesaid was rendered at another court held before the
same seneschal according to the custom of the court of the
abovesaid manor when one and the same complaint cannot be
prosecuted in divers courts held by divers customs. Moreover, it was erred in this for this that the abovesaid judgment
was rendered for the abovesaid Edward Coveney when by the law
of the land it ought to have been rendered for the abovesaid George
Speere. And the same George Speere seeks a writ of the lord king to warn the
abovesaid Edward Coveney to be before the said lord king to hear the
record and process abovesaid. And it is granted to him etc.
0560,
0561,
0562,
2041,
2042,
0563,
0564,
2043,
2044,
0565,
0566,
2045