Chichester CD M1539 A Tr

From Waalt

The lord king sent to the mayor and bailiffs of his city of Chichester and each of them his writ close in these words:

Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church to the mayor and bailiffs of his city of Chichester and each of them, 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 abovesaid city without our writ according to the custom of the same city between John Wakford and William Unkle concerning a debt of 20 marks that the same John exacts from the aforementioned William as it is said manifest error intervened to the grave damage of the same William as we accept from his complaint, we, wanting the error if there was any to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you that, if judgment has been rendered thereof, then distinctly and openly send the record and process of the abovesaid plea with all things touching them to us under your seals, and this writ, so that we have them on the morrow of the Ascension of the Lord wherever we shall be in England, so that, the record and process abovesaid 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 April 3 in the 30th year of our reign (April 3, 1539).

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

The City of Chichester. The court of pleas real and personal in the guildhall there held before Elizeus Bradshawe mayor according to the custom of the abovesaid city used from time whereof memory runs not and the liberties of that city granted by divers late kings of England and confirmed by the now lord king, on Monday, viz., June 16 in the 29th year of the reign of King Henry VIII by the grace of God king of England and France, defender of the faith, and lord of Ireland, and on earth the supreme head of the English church [June 16, 1538].

At this court comes John Wakford and complains against William Unkle concerning a plea of debt on a demand of 20 marks. Pledges to prosecute: John Doo and Richard Roo. And thereon according to the custom of the abovesaid city, it was ordered to John Sone one of the serjeants at mace there and minister of the abovesaid court that he take the aforementioned William Unkle by his body according to the custom of the abovesaid city if etc., so that he have his body here before the aforementioned mayor in the next court there held on Monday, viz, July13 in the 29th year of the reign of King Henry VIII [July 13, 1538.]


At which next court there held, viz., on July 13 [July 13, 1538], before Elizeus Bradshawe mayor of the abovesaid city comes the abovesaid John Sone one of the serjeants at mace there according to the custom of the abovesaid city and returns that he took William Unkle, whose body he had in court by pledge of Thomas Novey to answer the aforementioned John Wakford in the abovesaid plea. And the same William Unkle, exacted, appeared.

And thereon the abovesaid John Wakford offered himself against the aforementioned William Unkle and by Richard Awdeby his attorney he says that the abovesaid William on June 4 [IMG 0076] in the 28th year of the reign of King Henry VIII [June 4, 1537] here within the city of Chichester within the jurisdiction of this city by his certain obligatory writing shown here to the court, the date of which is on the day and year abovesaid, he acknowledged that he is bound and firmly obliged to John Wakford in 20 marks sterling to be paid to the same John or to his certain attorney on the feast of the Holy Trinity then next following [June 16, 1538], nevertheless the abovesaid William Unkle although often asked has not yet rendered the abovesaid 20 marks to the aforementioned John Wakford but wholly refused to render them to him and still refuses, wherefore by the aforementioned attorney he says that he is worse off and has damages to the value of £5, and thereof he produces suit etc. And he proffers here in court the abovesaid writing that attests the abovesaid debt in the abovesaid form, the date of which is the day and year abovesaid.

And the abovesaid William Unkle in his proper person comes and defends force and injury when etc., and seeks oyer of the abovesaid writing, and it is read to him etc. And he seeks also oyer of the indorsement of the same writing, and it is read to him etc. And day is given to the abovesaid parties, viz., both to the plaintiff and to the defendant here at the next court there held on July 30 next to come [July 30, 1538] etc.


The court held there on July 30 in the abovesaid year [July 30, 1538].

[in law french:] The defendant: no law puts him to answer this plea pleaded in this manner, and for insufficient count counted or pleaded he seeks judgment and prays his costs.


The court held there on August 6 in the abovesaid year [August 6, 1538].

The plaintiff: And the abovesaid John Wakford by his attorney abovesaid says that since the narration of the said John made in the manner and form abovesaid is sufficiently narrated and declared and the matter contained in the same narration the same plaintiff is ready to verify, which certain matter the said William Unkle does not deny nor answer in any way according to the form of law wherefore [then in law French:] we pray judgment and our damages etc.


The court by continuation by the assent of the parties of the instant plea until August 27 in the abovesaid year. [August 27, 1538]

And the abovesaid William Unkle by Richard Holden his attorney comes and defends force and injury when etc., and he says that he is a lay man and not at all lettered; believing in the words and promises of the abovesaid John Wakford to be true he sealed and delivered the abovesaid writing under the following condition, viz., that a certain John Molens would re-deliver to the aforementioned William Unkle whenever he should be asked a certain obligation and a certain indenture made and delivered by a certain Richard Bell to the aforementioned John Wakford that then the abovesaid writing would remain to the aforementioned John Wakfod as a schedule and not as the deed of the same William Unkle. And [of] this he put himself on the countryside etc.


The court there held on September 3 in the abovesaid year [September 3, 1538].

And the abovesaid John Wakford by his aforementioned attorney says that he by anything alleged before by the aforementioned William Unkle ought not to be precluded from his action, because he says that the abovesaid writing in which the same William is bound to the aforementioned John Wakford in the abovesaid 20 marks sterling to be paid to the same John on the feast of the Holy Trinity in the manner and form abovesaid here in court proffered and shown, that writing the same William Unkle made to be written and sealed and to the aforementioned John [IMG 0313] Wakford delivered by his own hand as his deed without any other condition than is contained in the abovesaid obligatory writing, and this etc., wherefore he seeks that it be inquired by the countryside similarly. Therefore it is ordered to Richard Bedford one of the serjeants at mace there according to the custom of the abovesaid city that he should make to come towards the next court to be held there, viz., on September 10 next to come 12 etc., between the aforementioned John Wakford plaintiff and William Unkle defendant who neither etc., to recognize etc. And the same day is given to the abovesaid parties here etc., viz., to both plaintiff and defendant etc.


        The court there held on September 10 in the abovesaid year [September 10, 1538].

At this court comes Richard Bedford serjeant at mace there and returns that he made to come here in this court 12 jurors between John Wakford plaintiff and William Unkle defendant in a plea of debt as it was ordered to him in the last court according to the custom of the abovesaid city. Therefore the parties abovesaid both the abovesaid John Wakford plaintiff and the said William Unkle defendant who had day given to them until this same court are solemnly exacted. And the abovesaid William Unkle exacted did not appear nor an attorney for him, but in contempt of court defaulted. Therefore etc. And therefore according to the custom of the abovesaid city the 12 jurors abovesaid similarly exacted, empaneled, appeared, and who, chosen, tried, and sworn to tell the truth concerning the premisses between the parties abovesaid, say on their oath that the abovesaid William Unkle owes the aforementioned John Wakford the abovesaid 20 marks in the form in which the same John Wakford narrated against him as is specified in the abovesaid obligatory writing, the date of which is the day and year abovesaid. And the jurors assess the damages of the same John Wakford by occasion of the detention of the abovesaid debt beyond outlays and costs put out by him on the suit in this part at 6d.; and for outlays and costs, 6d; which certain [damages] amount in all to 12d; therefore it is considered by the court that the said John Wakford recover against the aforementioned William Unkle his debt abovesaid at 20 marks and the abovesaid 12d for his damages, outlays, and costs assessed by the abovesaid jury in the abovesaid form, and the abovesaid William Unkle in mercy of 6d. And thereon at the request of the abovesaid John Wakford it is ordered to John Sone one of the serjeants at mace there and minister of the court abovesaid according to the custom of that city that he take the aforementioned Thomas Noveye mainpernor of the said William Unkle by his body so that he have him before the aforementioned mayor at the next court held there to satisfy to the said John Wakford the 20 marks of the principal debt and for the outlays and costs 12d [of which] by a certain jury summoned and taken before the aforementioned mayor here in the court of the lord king of the abovesaid city the same William Unkle is convicted etc.