Writ of certiorari, with return: proceedings in Admiralty Gurnesey v Henton 4mmThe...

Writ of certiorari, with return: proceedings in Admiralty Gurnesey v Henton 4mmThe editor surmises that the original action was heard about 1389, and that it may have been one of the cases giving rise to the petition presented in the parliament of 1393-1394 by the burgesses of Bridgewater and other western towns, complaining of encroachments upon their franchises by the Admiral's Court. The attached certiorari, summoning the record into Chancery, is dated 10 December 1404. Although the initial action was by John Gernesy against John Henton for the detention of money, money owed for freight, and for salt and herring, heard before the Admiral's commissary at Bridgewater, and it was that record which was specified in the certiorari, the particular context of the writ appears to be an appeal for execution of judgement on the subsidiary action for unlawful seizure of goods brought by Henton against the marshal or bailiff of the court, in which appeal and counter appeal continued into the reign of Henry IV. The problem of interminable appeals, so evident in this case, was not finally settled until 1566, when by statute the decision of delegates was made final., 3 Hen IV

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