Court of Chancery: Johanne Willous v John Boston, 1533-8

National Archives, C 1/916/21

To the right honorable Syr Thomas Awdeley knyght lord chauncellor of England

In moste humble wise shewith & compleynyth unto y(ou)r honorable lordship y(ou)r dayly oratrix Johanne Wyllous wydowe executrix of the last will & testament of Richard Willous that wher the sayd Richard in his lyff was possessed of a greatt substaunce & quantyte of coyned gold amountyng to the som(m)e of a C li or above & he so beyng thereof possessed consyderyng that he was in his extreme impotency & age very oblyvyous & forgetful uppon greatt confydens & trust that he had in on(e) John Boston secretly & prively at Wynslowe in the Countie of Buk did hyde & ley in a prevy place the seyd gold & made the seyd John Boston of his secrett counsell & prevy wher he leyd & dyd hide the seyd gold to thentent that yf he had sodenly dyed or of his febulness of wyll shuld forgett wher and in what place he shold ley the seyd gold that the seyd John Boston shold be at all tymes redy to declare & shewe to hym or hys executors wher & in what place the seyd gold was put & leyd when he therunto shuld be requyred by the seyd Richard or by hys executors And afterward honorable lorde the seyd Richard made his last wyll & testament & by the same ordeined & made & constituted yo(ur) seyd oratrix his sole executrix & dyed So hyt ys honorable lord that all the seyd gold & c came to the hands possessyon custody & kepying of the seyd Boston whom yo(ur) seyd oratrix dyv(er)se & many tymes hath requyred to delyv(er) her the seyd gold whiche to doo at all tymes he hath refused & yett doth cont(ra)rie to all right & good consyence  And for asmoche honorable lord as yo(ur) seyd oratrix knowith not the certente of the seyd gold nor whether it be conteyned in bage boxe or otherwise she is w(ith)out remedy by course of the com(m)en lawe onles y(ou)r g(ra)cyus favo(r)  to her be shewed in this behalf.  In tender consideracyon wherof hit maye please yo(ur) lordship the p(re)misses considered to graunt the most g(ra)cyus wrytt of sub pena to be dyrected to the seyd John Boston com(m)aundyng hym by the same p(er)sonally to apper before yo(ur) honorable lordship in the kyngs most honrable courte of chaunce(er)ye at a c(er)ten day & under a c(er)ten payn by yo(ur) lordship to be lymyted and to stand & abyde suche ordre and dyreccyon as by yo(ur) lordship shalbe thought to stand w(ith) right & good consyens  And yo(ur) seyd oratrix shall dayly prey for the p(re)s(er)vacyon of yo(ur) lordships estate long to endure.

signed P Crowshawe [?]

plegii de prosequendo
Ricardus Gale de London tayllor
Robertus Shall de eadem yoman

[on reverse, in Latin] Before the lord in his chancery on the octave of Holy Trinity next.

National Archives, C 1/916/22

Thanswer of John Boston to the byll of compleynt of Johanne Wylloys wydowe

The seyd John seyth that the seyd byll of complaynt ys incertain untrue & insuffycyent in the lawe to be answeryd unto in ev(er)y poynth and the mater theryn conteynyd ys oonly feynyd & imagynyd by the seyd complaynant & herr adherents for malys[?] to thentent to putt the seyd John to costs vexacon and trobull and also the mater theryn conteynyd ys mater det(er)mynabull at the com(m)on lawe & not in thys honorabull court wherunto he p(ra)yth to be remyttyd and tham( )itags therof to hym savyd for playn declaracon of the troyth[?] of the p(re)mysses & for answer the seyd John seyth that Elsabeth late wyff to the seyd John Boston & doytter to the seyd Rychard Wylloys named in the seyd bill of complaynt had by the delyv(er)e of oon Thomas Graunt syx skore nobylls of the gold of the seyd Rychard Wylloys her Father which the seyd Rychard recov(er)yd & had of the seyd \John &/ Elsabeth in full satisfacton & payment of all such som(m)ys & p(ar)cells of money that cam(e) to the hands or possessyoyon of the seyd John & Elsabeth or any of them and Further sevs the seid receyte by the seid Elsabeth for thentent that the seid John & E[lsabe]th hys wyff shold not be troblyd vexyd nor suyd by the seyd Rychard nor by hys executors  the seyd Rychard of hys Fre wyll & lib(er)te by hys dede Relessyd to the seyd John Boston all accons sutts detts debats & demaunds And ferther the seyd John Boston seyth that the seyd Rychard Wyllous made his last will & testament & by the same ordeynyd & made the same John Boston his sole executor withoutt that that they seyd Rychard by hys last will & testament made the seyd Johanne his sole executrix to the knolege of the seyd John as she in her seid bill of compleynt hath untruly alleggyd and without that that the seyd Rychard made the seyd John Boston p(ri)vey of the leying or hydyng of his gold as she in her seid bill of complaynt hath supposyd and without that that the forsayd gold specyfyed in the seid bill of complaynt cam(e) to the hands possession custodi & kepyng of the seyd John Boston as she in her seid bill of complaynt Falsely hath supposyd and without that that any other thyng co(n)teynyd
within the seid bill of complaynt being materiall[?] to be answered & not before confessyd & avoydyd or t(ra)verssed is true all which matter the seid John Boston is redy to p(ro)ve as the honorabull court will award & prayeth to be dysmyssed with his resonabull costs susteyned in that behalf

Notes

tham( )itags: the reading is fairly clear [although it could be than()ntags].  There is an abbreviation mark over the m.  Could it be “amittages”, an apparently non-existent word from Latin amitto, to lose?

nobylls: the noble was usually worth 6s 8d.

See also:

Court of Common Pleas: John Boston v Henry Watts, 1529-31

TNA, CP40/1060 image 5213 Hilary 1529

Translated from Latin

Buk.  John Boston in his own person put himself on the 4th day against Henry Wattys late of Wynslowe "gentilman" on a plea that he should render to him £11 4s which he owes him & unjustly withholds etc.  And the sheriff was ordered to summon him etc.  And the sheriff now reports that (he was?) summoned etc. (and?) attached so that he is here in the octaves of Candlemas etc. [added] On which day came John in his own person, and put himself on the 4th day against Henry on the said plea etc.  And he did not come.  And the sheriff was ordered to attach him etc.  And the sheriff now reports that he was attached by pledge of John Den’ & Richard Fen’ [fictitious names].  Therefore they are amerced etc.  And to distrain so that he is here three weeks from Easter etc.

CP40/1068 image 934 Hilary 1531

Buk.  Henry Wattys late of Wynslowe "gentylman" was attached to respond to John Boston on a plea of why by force & arms he took and carried away John’s grain [blada] to a value of £10 being in sheaves and stacks [garbis & tassis], and inflicted other enormities on him, to John’s grave damage and against the lord King’s peace etc.  And on this John in his own person complained that Henry on 19 August 22 Henry VIII [1530] by force & arms took & carried away John’s grain, namely 10 cartloads of wheat & 20 cartloads of barley to a value etc being in sheaves & stacks at Wynslowe, and other enormities etc. to grave damage etc. and against the peace etc., by which he says he has suffered loss & has damage to the value of 20 marks.  And therein he produces suit etc.
            And Henry by John Basset his attorney came & defended the force & injury when etc.  And as far as coming by force & arms, he said that he is in no way guilty thereof.  And on this he puts himself on the country, and John likewise.  And as far as the rest of the trespass supposed above to have been done, Henry says that John ought not to have his action against him because, before the time when the trespass is supposed to have happened, Thomas, late abbot of the exempt Monastery of St Alban & all his predecessors were lawful incumbent [parsona impersonat’] of the rectory or church of Wynslowe legitimately possessed from time out of mind in the right of their monastery. 
            And further Henry Wattys says that the late Abbot was seised in his demesne as of fee in the right of his church of a barn and an acre of land with appurtenances in Wynslowe.  And being so seised before the time when etc., namely on 2 July 10 Henry VIII [1518], at the town of St Albans, Herts, he demised to John Boston and to one Richard Wyllows the barn & acre of land and the rectory or church with all tithes of grain & hay and other crops growing & arising within the parish of Wynslowe, to have & occupy to themselves & their assigns from Lady Day 1524 to the end of a term of 24 years next following and to be completed fully, by virtue of which demise John & Richard were put in possession thereof.  And being thus in possession Richard, before the time when etc., namely on 15 August 22 Henry VIII [1530] at Wynslowe, granted to Henry Wattys all his right, standing, term & interest which he then had in the future of & in the said holdings, to have & occupy to himself & his assigns during the term, by virtue of which grant Henry was put in possession thereof.  And being thus in possession, because the said wheat & barley were tithes arising & growing within the parish, tithed and separated from nine parts, afterwards, namely at the same time when etc., he took & carried away the wheat & barley being there in sheaves, as he was well permitted.  And he is prepared to prove [verificare] this, whereon he seeks judgment if John ought not to have his action against him etc.
            And John Boston said that he ought not to be precluded from having his action by anything asserted before, because (he is) protesting that Richard did not grant all his right, standing, term & interest in the future of & in the said holdings to Henry as Henry alleged above.  For his plea John said that Richard before the time of the trespass being made and before the grant by Richard to Henry made in the said form, namely on 20 June 16 Henry VIII [1524] at Wynslowe, gave & released to John Boston all his right, standing, term & interest which he then had in the future of & in the said holdings with appurtenances, to have & occupy to himself & his assigns during the future term.  By virtue of this gift & release John was put in possession thereof until Henry on 19 August 22 Henry VIII by force & arms took & carried away John’s grain to a value etc. being there in sheaves & stacks, against the lord King’s peace as John complained against him above.  And he is prepared to prove this, wherein since Henry made the trespass in the tenements as acknowledged above, John seeks judgment & damages to be awarded to him by occasion of the trespass etc.
            And Henry as before said that before before the time the trespass was made the late Abbot & all his predecessors were lawful incumbent of the rectory or church of Wynslowe legitimately appropriated for the whole time in right of their monastery, and that the late Abbot was seised of the holdings with appurtenances in his demesne as of fee, and being so seised before the said time when etc., namely on 2 July 10 Henry VIII at the town of St Albans demised to John Boston & Richard the holdings with appurtenances, to have & occupy to themselves & their assigns from Lady Day in the year 15[continues on dorse]24 to the end of the term of 24 years then next following & fully to be completed.  By virtue of this demise John & Richard were put in possession thereof, and being in possession thereof Richard before the time when etc., namely on 5 August 22 Henry VIII at Wynslowe, granted to Henry Watts all his right, status, term & interest of & in the holdings, to have and occupy to himself & his assigns during all the term.  By virtue of this grant Henry was put in possession thereof, as he alleged above, without that Richard Wyllous on 20 June 16 Henry VIII gave & released to John Boston all his right, status, term & interest of & in the holdings as John alleged above.  And he is prepared to prove this, wherein he sought judgment, and that John should be precluded from having his action against him etc.
            And John as before said that Richard Wyllous on 20 June 16 Henry VIII gave & released to him John Boston all his right, status, term & interest of & in the holdings as John alleged above.  And in this he sought that there should be an inquiry by the country.  And Henry likewise.  Therefore the sheriff was ordered to have come here 15 days from Easter 12 etc. by whom etc. and who not etc. to recognise etc. because however etc.

CP40/1068 image 1005 Hilary 1531

Buk.  Henry Wattys by his attorney put himself on the 4th day against John Boston late of Wynslowe gentilman & John Kyrkby late of Wynslowe laborer on a plea of why by force & arms they made an assault on Henry at Wynslowe, and beat, wounded & mistreated him so that his life was despaired of and other enormities etc., to grave damage etc. and against the peace etc.  And they did not come.  And the sheriff was ordered to attach them etc.  And the sheriff now reports that they have nothing etc.  Therefore let them be taken, to be here 15 days from Easter etc.

The outcome of the dispute isn't known but in 1534 the Abbot granted a new lease of the tithes to John Boston, presumably as part of a settlement.