Tregoney CD M1607 A Tr

The lord king sent to the seneschal and bailiffs of the court of Hugh Pomery armiger of his manor of Tregoney Pomery 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 bailiffs of the court of Hugh Pomery armiger of his manor of Tregoney Pomery, greetings. Because in the record and process and also in the rendering of the 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 Nicholas James and Thomas Byston gentleman of a certain trespass on the case inflicted on the same Nicholas by the aforementioned Thomas as it is said manifest error intervened to the grave damage of the same Thomas 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 then you should send distinctly and openly the record and process abovesaid together with everything touching them to us under your seals, and this writ, so that we have them at Michaelmas month 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 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 17 in the 5th year of our reign of England, France, and Ireland and the 40th of Scotland. [June 17, 1607]Fitz

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

The Manor of Tregoney Pomery. At the court of the manor abovesaid held there before Gilbert Michell armiger chief seneschal of the abovesaid manor and John Mathewe bailiff of the same court on October 14 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 [October 14, 1606] comes Nicholas James and levied a certain complaint of trespass on his case against Thomas Byston gentleman as follows, scilt.,

Nicholas James complains against Thomas Byston gentleman in a plea of trespass on his case. And thereon the abovesaid Nicholas finds pledges to prosecute: John Doe and Richard Roe. Thereon according to the custom of the said manor used from time whereof the memory of men runs not to the contrary it is ordered to the bailiff abovesaid that he have the body of the abovesaid Thomas here in the next court, scilt., November 4 then next following [November 4, 1606] to answer the abovesaid Nicholas James concerning his abovesaid plea.

On which day, scilt., at the court held there November 4 in the abovesaid year [November 4, 1606] before the abovesaid seneschal and bailiff the said bailiff returned his abovesaid precept that he has the body of the abovesaid Thomas ready in court as it was ordered to him. And thereon the abovesaid Nicholas, exacted, appeared in his proper person, and, scilt., the abovesaid Thomas, exacted, appeared. And thereon the said Nicholas narrated against the abovesaid Thomas as follows, scilt.,

Nicholas James complains against Thomas Bysten gentleman in a plea of trespass on his case. Pledges to prosecute; John Doe and Richard Roe.

[in English:] Whaereas the saide playntiffe is and hathe bynne a true and lawfull lege man and as a true and lawfull subiecte aswell of ouor soveraygne lorde the kinges maiesty that nowe is as of our late soveraigne Queene Elizabethe from the tyme of his birthe hetherunto hathe alwayes behaved hym selfe and so hathe byn alwayes reputed and taken amongste alle his maiesties subiectes without any suspicion of false forswearynge ande takeinge of any false oathe the saide defendaunt not ignorante of the premises but havinge a malicious meanynge againste the saide playntiffe and intendinge the ruyne decay and overthrowe of hym the saide playntiffe and to bringe hym into ynfamy and slaunder amongstes his neightebours [and then continuing in Latin:] here at Tregony within the jurisdiction of this court on August 6 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 [and then continuing in English:] did speake and utter those false and slaunderous wordes of the said playntiffe in the hyringe and presence of many of the kynges maiesties subiectes, videlicet he meanynge the saide playntiffe hathe taken a false othe againste me in Tregony Pomery courte for this matter that Popham hathe this execucion againste me by reason of the speakeinge of whiche false and slaunderous wordes the saide playntiffe saithe that he is dampnyfied and damages hathe susteyned to the valewe of twoe hundred markes and there uppon bringethe his suyte. [IMG 0397]

And at the same court comes the abovesaid Thomas Byston in his proper person and defends force and injury etc. And he seeks a copy of the narration and a day to emparl in the next court, and it is granted to him etc. The same day is given to the abovesaid plaintiff here to be etc., scilt., November 25 in the abovesaid years. And thereon the abovesaid Thomas is handed over in bail by pledge of John Brente.

At which day, scilt., at the court held there before the abovesaid seneschal and bailiff abovesaid November 25 in the abovesaid years [November 25, 1606] comes the abovesaid Thomas Byston by Ezechiel Grosse [and then in English:] his attorney and defendethe the wronges & iniuries where & when etc., and by protestacion sayethe that aswell the declaracion of the saide playntiffe as the matters therin conteyned are altogether insufficient in lawe for many apparante faultes and ymperfectiones extante in the same the advantage & benefitt thereof alwayes hereafter unto the saide defendaunte saved by protestacion alsoe the saide defendaunte sayethe that the forsaide playntiffe is not of good name and fame foras he in his declaracion hathe untruely alleaged for plea nevertheless the saide defendaunte saythe that true it is he the saide defendant did speake of the saide playntiffe that he had taken a false othe in Tregony Pomery courte befor this tyme againste Mathewe Joseppe and Thomas Gamidge and that iustly for that he the saide playntiffe did depose before this tyme in this courte betwene the saide Mathewe Joseppe and one John Popham in an action of trespass uppon his case most falsely and untruely in his saide evidence and alsoe lykewyse before this tyme the saide playntiffe did in this courte in a matter here dependinge betwene James playntiffe and the saide Thomas Gamidge defendaunte in an action of dett depose and give evidence in the same action most falsely and untruly without that that the saide defendaunte did speake of the saide playntiffe he meanynge the saide playntiffe hath taken a false oathe againste me in Tregony Pomery courte for this matter that Popham hathe this execucion againste me in such manner & forme as he the saide playntiffe in his declaracion aforesaide againste hym the saide defendaunte hathe alleadged and of this puttethe hym selfe uppon the triall of the country etc. [and then in Latin:] And the abovesaid plaintiff similarly etc. Thereon it was ordered to the abovesaid bailiffs according to the custom of the abovesaid manor used from time whereof the memory of men runs not to the contrary that they return here in the next court, scilt., December 16 in the abovesaid year [December 16, 1606] before the aforementioned seneschal etc., 12 prudent and lawful men of the vicinity etc., by whom etc., and who neither etc., to recognize etc., because both etc.

At which certain day, scilt., December 16 in the abovesaid year [December 16, 1606] the abovesaid bailiff returns his precept and the names of the jurors between the abovesaid parties as etc.: Hugh Mundy, Richard Cock, Richard Jagowe, John Bartlett, Hugh Collyns, Nicholas Hancoke, John Newman, William Bowrynge, John Flamacke, Henry Wolcocke, Lawrence [IMG 1320] Lucas, and German Rouse who were exacted and did not appear but made a default. Therefore it was ordered to the abovesaid bailiffs that they distrain the abovesaid jurors so that they be here at the next court, scilt., January 6 then next following [January 6, 1607] before the aforementioned seneschal etc.

At which day, scilt., January 6 then next following [January 6, 1607] before the aforementioned seneschal etc., came the abovesaid bailiff and returned his abovesaid precept directed to him in the abovesaid form. And thereon came both the abovesaid Nicholas in his proper person and the abovesaid Thomas by his abovesaid attorney. And thereon the jurors abovesaid exacted, Richard Cock, Lawrence Lukas, Hugh Berryman, John Truscott, Henry Tyller, and John Bennett appeared. And according to the custom of the manor abovesaid used from time whereof the memory of men runs not to the contrary the abovesaid jurors impaneled came, chosen, tried, and sworn to tell the truth concerning the withincontained, say on their oath that the abovesaid defendant is guilty of the speaking of the abovesaid words in the manner and form as is specified in the narration of the abovesaid plaintiff, and they gave damages by occasion of the speaking of the abovesaid words at £8, and for expenses at 2s.

And thereon at the court held there January 27 in the abovesaid years [January 27, 1607] before the aforementioned seneschal and bailiff both the abovesaid Nicholas and the abovesaid Thomas in their proper persons came and by the assent of the same the abovesaid matter is continued until February 17 in the abovesaid years.

At which day at the court held there before the aforementioned seneschal and bailiff judgment was granted that the abovesaid Nicholas recover against the abovesaid Thomas Byston his damages abovesaid assessed by the abovesaid jurors in the abovesaid form as well as 57s4d adjudicated for the same Nicholas James at his request for his outlays and costs by the court here by way of increment etc.

Afterwards, scilt., Thursday next after the Octaves of St. Martin this same term before the lord king at Westminster comes the abovesaid Thomas Byston in his proper person and immediately he says that in the record and process abovesaid as well as in the rendering of the abovesaid judgment manifestly it was erred in this, viz.,

that the abovesaid judgment was rendered for the abovesaid Nicholas James against the same Thomas Biston, whereas by the law of the land of this realm of England the abovesaid judgment ought to have been rendered that the abovesaid Nicholas James take nothing by his complaint abovesaid but be thereof in mercy for his false claim etc., because the narration abovesaid and the matter contained in the same is less sufficient in law. Therefore in this it was manifestly erred.

Likewise, it was erred in this that, whereas by the abovesaid record it appears that it was ordered to the bailiff abovesaid according to the custom of the manor abovesaid that he return in the next court there, scilt., December 16 in the abovesaid year before the aforementioned seneschal etc., 12 prudent and lawful men etc., of the vicinity etc., and for this that it does not appear from which place or vicinity the writ of venire facias abovesaid was founded, and for this that he returned 12 prudent and lawful men and not free and lawful men as by the form of the statute he ought to have returned, therefore for the same causes manifestly it was erred.

Moreover, it was erred in this that by the abovesaid record it appears that the abovesaid Nicholas recover against the aforementioned Thomas his abovesaid damages assessed by the abovesaid jurors in the abovesaid form as well as 57s4d adjudicated for the same Nicholas James at his request for his outlays and costs by the court there by way of increment, and it does not appear at which sum the abovesaid damages amount to in all, nor by the record does it appear that the abovesaid Thomas be thereof in mercy as it ought, therefore the abovesaid judgment is void in law and for the same causes it was manifestly erred. [IMG 1321]

And finally it was erred in this that the abovesaid issue was tried between the abovesaid parties by 6 jurors only and not more, therefore in this it was manifestly erred.

And he seeks a writ of the said lord king to warn the abovesaid Nicholas to be before the lord king to hear the abovesaid record and process, and it is granted to him etc., whereby it is ordered to the sheriff of Cornwall that by prudent etc., he should make known to the aforementioned Nicholas that he be before the lord king on the octaves of St. Hilary wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas etc.

At which day before the said lord king at Westminster comes the abovesaid Thomas in his proper person. And the sheriff, viz., John Arundell of Trerise armiger returned that the abovesaid Nicholas James has nothing in his bailiwick whereby he could make known to him nor was he found in the same. And the abovesaid Nicholas did not come. Thereon it is ordered to the sheriff as formerly that by prudent etc., he make known to the aforementioned Nicholas that he be before the said lord king on the Octaves of the Purification of Blessed Mary wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned Thomas etc.

At which day before the said lord king at Westminster abovesaid comes the abovesaid Thomas in his proper person. And the sheriff, viz., John Arundell armiger returns that the abovesaid Nicholas James has nothing in his bailiwick whereby he could make known to him, nor was he found in the same. And the abovesaid Nicholas James although solemnly exacted did not come but made a default. Thereon the abovesaid Thomas as before says that in the record and process abovesaid as well as in the rendering of the abovesaid judgment it was manifestly erred by alleging the abovesaid errors alleged above by him in the form abovesaid. And he seeks that the abovesaid judgment on account of the abovesaid errors and others found in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that he be restored to everything he lost by the occasion of the abovesaid judgment, and that the court of the said lord king here proceed to the examination both of the abovesaid record and process and of the abovesaid errors. And because the court of the said lord king here is not yet advised to render its judgment of and on the premisses, day thereof is given to the aforementioned Thomas before the said lord king until the quindene of Easter wherever etc., to hear his judgment thereof etc., because the court of the lord king here thereof not yet etc.

At which day before the lord king at Westminster comes the abovesaid Thomas in his proper person. Thereon, both the record and process abovesaid and the judgment abovesaid thereon rendered and the causes and matters abovesaid assigned for errors by the same Thomas having been seen, more fully understood, and diligently examined by the court of the said now lord king, because it seems to the court of the said now lord here that the abovesaid record and process is vicious and defective in law, therefore it is considered that the abovesaid judgment on account of the abovesaid errors and others found in the abovesaid record and process be revoked, annulled, and completely had for nothing, and that the abovesaid Thomas be restored to everything he lost by occasion of the abovesaid judgment etc., and that the abovesaid Thomas go thereof without day etc.

[Margination:]

Let the judgment be revoked.