G Yarmouth CD E1571 A Tr
The lady queen sent to the bailiffs of her town of Great Yarmouth 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 bailiffs of her town of Great Yarmouth, 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 town without our writ according to the custom of the same town between William Barrett and Robert Beryngton concerning a certain trespass on the case inflicted on the same William by the aforementioned Robert as it is said manifest error intervened to the grave damage of the same Robert 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 as formerly we ordered that if judgment has been rendered thereof then you should send distinctly and openly 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 Octaves of Michaelmas wherever we shall then be in England so that, the abovesaid record and process 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 value so little our mandate formerly directed to you thereof. Tested me myself at Westminster June 14 in the 12th year of our reign [June 14, 1570].
The record and process of which mention is made in the abovesaid writ follow in these words:
Great Yarmouth. The pleas at the court of the lady queen held at Great Yarmouth in the Tolhouse there on Friday, viz., December 9 in the 12th year of the reign of the lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [December 9, 1569] before John Uffer and Ambrose Bulwarde merchant bailiffs of the town and liberty of the said lady queen of Great Yarmouth abovesaid both according to the liberties and privileges and franchises granted by divers progenitors of the said now lady queen late the kings of England by their divers charters to the abovesaid predecessors of the now bailiffs, burgesses and community of the town abovesaid and their successors in times past and according to the laudable customs used and approved in the same from time whereof there is no memory of men etc.
At this court comes William Barrett in his proper person and complains against Robert Beryngton in a plea of trespass on the case to the damage of the same William of £100. And he finds pledges to prosecute his complaint abovesaid, viz., John Doo and Richard Roo. And he seeks process thereof to be made against the aforementioned Robert Beryngton concerning the abovesaid plea according to the abovesaid custom of the town. And therefore according to the custom of the abovesaid town used from the abovesaid time it is ordered to Thomas Dogayn a serjeant at mace and minister of the abovesaid court within the borough and liberty of the abovesaid town that he attach the aforementioned Robert Beryngton etc., so that he have his body before the abovesaid bailiffs at the next court here to be held according to the custom of the borough and liberty abovesaid to answer the aforementioned William Barrett concerning the abovesaid plea. The same day is given to the aforementioned William Barrett here etc.
And thereon the same William puts in his place Thomas Damett against the aforementioned Robert Beryngton concerning the abovesaid plea.
At which certain next court come both the abovesaid William Barrett by his abovesaid attorney and the abovesaid Robert in his proper person here, scilt., at Great Yarmouth abovesaid held in the tolhouse there before the aforementioned bailiffs of the abovesaid town on Wednesday, viz., December 14 then next following [December 14, 1569]. And the abovesaid serjeant at mace and minister of the court abovesaid now sends here the abovesaid precept directed to him in the abovesaid form served and executed in all things, viz., that he by virtue of the abovesaid precept directed to him attached the abovesaid Robert by his body, whose body then there he had ready as it was ordered to him etc. And thereon the same William Barrett narrating on his abovesaid complaint by his abovesaid attorney complains of the abovesaid Robert Beryngton of this that, whereas the same William has been a true liege of the now lady queen and of her progenitors from the time of his birth until now [IMG 0166] and had himself and was of good and honest fame, conversation, and gesture from the said time of his birth until now and thus was had and reputed among honest and credible men until this time, nevertheless the abovesaid Robert, not ignorant of these things, scheming less rightly to injure the same William and to wound, take away, and worsen his name, fame, and credibility and to drag the same William into disgrace, on November 11 in the 11th year of the reign of the said now lady queen [November 11, 1569] at Great Yarmouth abovesaid and within the jurisdiction of this court before Michael Bryseley doctor of laws in and for the whole archdeaconry of Norwich commissioner or official legitimately constituted and before many subjects of the said lady queen then and there present maliciously and without cause in writings proposed and rendered against the same William these false and scandalous English words following, viz.,
That he the sayd Wyllyam Barrett is a man of an evyll fame of an hurtfull opynyon & of a dishonest conversacion & a falsyfyer whoe hathe made often tymes or att the lest ones forgedd writynges and cheifley one forged wrytyng called in englishe an obligacion agaynst hys naturall father that ys to saye one John Barrett whyle he lived of great yermouth in the whyche counterfett & forged oblygacion the sayd Wyllyam Barrett forged that his sayd father was indetted to hym the seyd Wyllyam Barrett in a certen summe of money & counterfetted his sayd fathers hand to the sayd forged obligacion.
By pretext of the publication of which certain words the same William Barrett in his credence and estimation toward very many of the subjects of the said lady queen stood gravely worsened and worse off, wherefore he says that he is worse off and has damages to the value of £100, and thereof he produces suit etc.
And thereon the abovesaid Robert Beryngton defends force and injury when etc., and seeks license thereof to emparl here until the next court to be held here before the bailiffs of the abovesaid town [IMG 1107] and he has it. The same day is given to the aforementioned William Barrett here etc. And thereon the abovesaid Robert Beryngton in the same court here according to the custom of the abovesaid town used from the time abovesaid finds before the aforementioned bailiffs mainprise, viz., Christofer Sylles and George Meeke, which certain Christofer and George in the same court mainperned for the abovesaid Robert to have the body of the same Robert here, scilt., in the tolhouse abovesaid before the bailiffs of the same town from day to day while the abovesaid plea pends and until the same plea is determined and judgment has been rendered thereof, and if it happen that the judgment in the same plea is rendered against the same Robert then to satisfy and pay the aforementioned William whatsoever damages are adjudicated thereof to the same William in the same plea.
And thereon the abovesaid Robert puts in his place Richard Baspole against the aforementioned William concerning the abovesaid plea etc.
At which certain next court held here, scilt., at Great Yarmouth abovesaid in the tolhouse there before the aforementioned bailiffs on Tuesday December 20 in the 12th year abovesaid [December 20, 1569] come both the abovesaid William and the abovesaid Robert by their abovesaid attorneys. And thereon the same Robert further seeks license thereof to emparl here until the next court to be held, and he has it etc. The same day is given to the aforementioned William Barrett here etc.
At which certain next court held here, scilt., at Great Yarmouth abovesaid in the tolhouse before the aforementioned bailiffs on Wednesday, viz., January 11 in the 12th year of the reign of the Lady Elizabeth our now queen [January 11, 1570] came both the abovesaid William and the abovesaid Robert by their abovesaid attorneys. And thereon the same William seeks that the abovesaid Robert answer to his abovesaid complaint and narration etc. And the same Robert as before defends force and injury when, and he says that the abovesaid William Barrett ought not have his abovesaid action against him, because, protesting that the abovesaid narration and the material contained in the same is less sufficient in law to which he has no need nor by the law of the land is bound to answer, for a plea nevertheless, all advantages being saved to him, the same Robert says that he on the abovesaid November 11 in the 11th year of the reign of the said now lady queen at Great Yarmouth abovesaid before the aforementioned Michael Bryseley doctor of laws commissioner or official legitimately constituted in and for the whole archdeaconry of Norwich secretly imputed the abovesaid words against the aforementioned plaintiff witness named in a testamentary cause excepted and alleged against the abovesaid William witness named in writings as in the abovesaid narration specified by way of exception and not otherwise, which certain cause still stands undetermined, wherefore he seeks judgment if etc. [IMG 1108]
And the abovesaid William Barret says that the abovesaid plea of the abovesaid Robert Beryngton above pleaded in bar of the action of the same William Barret is less sufficient in law to preclude the same William from having his abovesaid action against the aforementioned Robert, and that he has ought not nor is bound by the law of the land is bound to answer that plea pleaded in the manner and form abovesaid, and this he is ready to verify, wherefore for default of a sufficient response in this part the same William seeks judgment and damages by the occasion of the abovesaid trespass to be adjudicated to him etc.
And the abovesaid Robert Beryngton, since he above alleged sufficient matter in law to preclude the abovesaid William from having his abovesaid action against him, which he is prepared to verify, which certain matter the abovesaid William does not deny nor responds to it in any way but wholly refuses to admit that verification, he seeks judgment and that the abovesaid William be precluded from having his abovesaid action against him etc.
And because the abovesaid bailiffs want to advise themselves of and on the premisses before they render judgment thereof, day is given to the abovesaid parties here until the next court to be held here to hear their judgment thereof, because the same bailiffs thereof not yet etc.
[Similar adjournments
from January 18 to January 25, 1570
from January 23 to January 30, 1570
from January 30 to February 10, 1570 [IMG 0167]
from February 10 to February 18, 1570
from February 18 to February 22, 1570
from February 22 to February 28, 1570
from February 28 to March 7, 1570
from March 7 to March 14, 1570
from March 14 to March 23, 1570] [IMG 0168]
At which certain next court held here before the aforementioned bailiffs on March 23 in the 12th year abovesaid [March 23, 15707] come both the abovesaid William and the abovesaid Robert by their abovesaid attorneys. And thereon, the abovesaid plea of the abovesaid Robert above having been pleaded more fully understood by the abovesaid bailiffs, it seemed to the same bailiffs here that that plea above pleaded in the manner and form abovesaid is less sufficient in law to preclude the abovesaid William from having his abovesaid action against the aforementioned Robert. Therefore it is considered that the abovesaid William ought to recover his damages by the before set out occasion against the aforementioned Robert, but because it is not known what damages the abovesaid William Barrett sustained by the occasion set out above, therefore according to the consideration of the abovesaid court it is ordered to the aforementioned Thomas Dogeon serjeant at mace and minister of this court that by the oath of prudent and lawful men within the abovesaid town he should inquire diligently what damages the abovesaid William Barrett sustained both by the occasion set out before and for his outlays and costs put out by him on his suit in this part and the inquisition that etc., the same serjeant at mace should make to appear here at the next court to be held here before the bailiffs of the abovesaid town on Tuesday April 4 next to come under the seal and seals etc. The same day is given to the aforementioned William here etc.
At which certain next court held here before etc., on the abovesaid April 7 in the abovesaid 12th year [April 7, 1570] comes the abovesaid William by his abovesaid attorney. And the aforementioned serjeant did nothing thereof nor sent the precept. Therefore as before let there be made another precept thereof in the abovesaid form returnable here at the next court to be held here on Tuesday April 11 next to come.
At which certain court held here before the abovesaid bailiffs on the abovesaid April 4 [sic] here comes the abovesaid William by his abovesaid attorney. And the aforementioned serjeant at mace and minister of the court here now sends that by a certain inquisition before him taken at Great Yarmouth abovesaid on the same Tuesday April 11 abovesaid by the oath of Thomas Harrys, Walter Barrett, Robert Danyell, Hugh Cannon, Thomas Sowles, John Barthemew, William Stepyng, George Gose, John Berye, John Barbottle, Christofer Dewe, and John Rotheram prudent and lawful men of the town and liberty abovesaid, by which it is found that the abovesaid William Barrett sustained damages by the occasion set out above beyond his outlays and costs put out by him on his suit in this part at £14, and for those outlays and costs at 16d. Therefore it is considered that the abovesaid William Barrett recover against the aforementioned Robert his abovesaid damages at £14 and for the abovesaid outlays and costs 16d found by the abovesaid inquisition above in the abovesaid form, as well as 20s adjudicated to the same William at his request for his outlays and costs abovesaid by the court by way of increment, which certain damages in all amount to £15 and 16d, and that the abovesaid Robert in mercy etc.
Afterwards, scilt., on the Thursday next after the month of Easter in this same term [IMG 1109] before the lady queen at Westminster comes the abovesaid Robert Beryngton by George Kempe his attorney, and he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred for this
that it does not appear in the abovesaid record how the writ of attachment specified in the abovesaid record was executed and served, as above appears of record, and in this it was manifestly erred.
Likewise it was erred in this for this that it does not appear in the abovesaid record on which day the abovesaid Robert Beryngton appeared before the aforementioned bailiff of the town of Yarmouth abovesaid after the abovesaid attachment as is set out above executed and served, as above similarly appears of record.
And the same Robert Beryngton seeks a writ of the lady queen to warn the aforementioned William Barrett to be before the lady queen to hear the record and process abovesaid, and it is granted to him etc. Whereby it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William that he be before the lady queen on the morrow of Holy Trinity wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Robert etc.
At which day before the lady queen at Westminster comes the abovesaid Robert by his abovesaid attorney. And the sheriff returns that the abovesaid William Barrett has nothing in his bailiwick whereby he can make it to be known to him nor is he found in the same. Therefore as formerly it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William Barrett that he be before the lady queen on the Octaves of Michaelmas wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Robert etc.
