Christofer Wilson v. John Jaques

     York attorneys: Thomas Greene, Thomas Pottes

The lord king send to the sheriffs of the city of York 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 sheriffs of the city of York, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you in our court of the city of York abovesaid without our writ according to the custom of the same city between Christofer Wilson and John Jaques concerning a debt of £14 10s that the same Christofer 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 swift justice to be done to the abovesaid parties, order you that if judgment has been rendered then you should send distinctly and openly the record and process abovesaid with everything touching them to us under your seals, and this writ, so that we have them at Michaelmas month wherever then we shall be in England, so that, the abovesaid record and process having been inspected, we may make to be done further for the correction of that error what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster June 18 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland.Harryson

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

The City of York. Pleas in the court of the lord king of his city of York held at the hall of pleas on the Ouse Bridge in the abovesaid city according to the custom of the same city and according to the liberties and privileges of the same used and approved in the same from time whereof there is no memory of men on Thursday, viz., March 12 in the 4^th 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 40^th of Scotland [March 12, 1607] before John Waddesworth and William Maskewe sheriffs of the city of York.

Christofer Wilson complains of John Jaques concerning a plea of debt on a demand of £14 and 10s. And he finds pledges to prosecute his abovesaid complaint, viz., John Doo and Richard Roo. And he seeks process thereof to be made for him etc. And it is granted to him etc. Therefore according to the custom of the abovesaid city it is ordered to Robert Thompson, Richard Sharp, John Rowley, and John Sampson serjeants at mace of the said sheriffs in the abovesaid city and of (sic) the ministers of the abovesaid court jointly and severally that they summon by good summoners the abovesaid John Jaques that he be at the next said lord king’s court of the abovesaid city to be held instantly at the hall of pleas abovesaid according to the custom of the abovesaid city before the aforementioned sheriffs on the accustomed Thursday March 26 [March 26, 1607] to answer the aforementioned Christofer Wilson concerning the plea of his abovesaid complaint etc. The same day is given to the aforementioned John Jacques here etc.

And thereon the same Christofer Wilson puts in his place Thomas Greene his attorney against the aforementioned John Jaques concerning the plea of his complaint abovesaid etc.

At which accustomed day at the said lord king’s court of the abovesaid city held at the hall of pleas abovesaid according to the custom of the abovesaid city before the aforementioned sheriffs on the said Thursday March 26 [March 26, 1607] came the abovesaid Christofer Wilson by his abovesaid attorney and presented himself against the aforementioned John Jaques concerning the plea of his complaint abovesaid etc. And the abovesaid John Sampson one of the abovesaid serjeants at mace of the sheriffs of the abovesaid city and minister of the abovesaid court now sends that the abovesaid John Jaques is summoned by John Denn and Richard Fenn lawful summoners etc.

And thereon the same John Jaques was then exacted and there appeared, viz., by Thomas Pottes his attorney whom he then and there put in his place against the aforementioned Christofer Wilson concerning the plea of his complaint abovesaid etc.

And thereon the same Christofer Wilson narrates against the said John Jaques concerning the plea of his complaint by these words following: [IMG 0701]

The City of York. Christofer Wilson by Thomas Greene his attorney complains of John Jaques concerning a plea that he render to him £14 10s of the lawful money of England that he owes him and unjustly detains etc., for this, viz., that, whereas the abovesaid John Jaques on November 2 in the year of the lord 1603 at the city of York and within the liberty and jurisdiction of this court bought from the aforementioned Christofer one butt of wine called a butt of secke for the abovesaid £14 10s to be paid to the same Christofer at the feast of the Purification then next following, nevertheless the abovesaid John Jaques although he was often asked has not yet rendered the abovesaid £14 10s to the aforementioned Christofer but refused to render them to him and still refuses, wherefore the same Christofer says that he is worse off and has damages to the value of £6 13s4d, and thereof he produces suit etc.

And the abovesaid John Jaques by his abovesaid attorney comes and defends force and injury when etc., and he seeks license thereof to emparl here until the said lord king’s court of the abovesaid city to be held and had instantly at the hall of pleas abovesaid according to the custom of the abovesaid city on the abovesaid Tuesday, viz., May 12. The same day is given to the aforementioned Christofer Wilson here etc.

At which Tuesday the abovesaid May 12 [May 12, 1607] at the said lord king’s court of the abovesaid city held at the hall of pleas abovesaid on the Ouse Bridge in the abovesaid city according to the custom of the abovesaid city before the aforementioned John Waddesworth and William Maskew sheriffs came the abovesaid Christofer Wilson by his abovesaid attorney. And the said John Jaques solemnly exacted to answer the aforementioned Christofer Wilson concerning the plea of his complaint abovesaid did not come back or appear but, his answer not having been given to the aforementioned Christofer Wilson, he made a default in contempt of the abovesaid court and says nothing in his bar for precluding the action of the abovesaid Christofer Wilson, whereby the same Christofer Wilson remains against the aforementioned John Jaques undefended etc.

Therefore it is considered by the court abovesaid that the abovesaid Christofer Wilson recover against the aforementioned John Jaques his abovesaid debt and his damages by occasion of that debt at 6s7d adjudicated to the same Christofer by his assent by the court here. And the abovesaid John Jaques in mercy etc.

In testimony of which matter the seal of the office of sheriff [IMG 1563] of the abovesaid city at the request of the abovesaid John Jaques is affixed to the presents, given at the abovesaid city September 20 in the 5^th 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 41^st of Scotland/1607. [Nothing more is enrolled]