John Pullein to Richard Plumpton, clerk

126 John Pullein¹ to Richard Plumpton, clerk, [23 January 1498/9] (No.
        213, P. 149)

Sir, as hartylie as I can I commaund me vnto you; & within a box to
my lady, to whom I pray you I may be recommended as hir servant,
is the fest^a of Nomen Jhesu with vtas,² & also the fest of the Transfiguration,
that ye desired me to send to you. As for the price of them, ye & I
shal agree at our next cominge togither. I doubt not ye know þat the
venire facias³ againe Ellis of York⁴ com not according to our comunicacion;
I wold it com vp servid [p. 150] any wyse this terme.

     Sir, with Bryan Pullen [. . .]^b of Gawkthorpe I send a letter to my
master & yours of all the [. . .]^c about the matter here at London againe
Babthorpe,⁵ as that none other way wold be in any wyse; but the venire
facias com in served by one Thomas Rokeby,⁶ servant to Mr Constable
the servant.⁷ The copie of the retorne & panell I send to you inclosed
herin for more surtie, as tother letter is deliuered. Sir, to speake of the
labor I maide to the contrary, I haue written the circumstance therof
in my master letter, & surelye it was to þe vttermost of all my power.
It is so now, I vnderstand, they will haue a habeas corpora⁸ againe the
iurrors retornable Octabis trinitate, so þat they may haue a distres with
a nisi prius⁹ againe Lammas assise. Therfore, Sir, between you & my
lady ye must cause speciall labor be made, so it be downe preuely to
such of iurrers as ye trust wilbe made frindly in the cause.

     Sir, in the box is a bonet of velvet for [. . .]^d Mawleuery,¹⁰ according
to my ladies infirmacion; the price therof is xs viijd, so that I layd down
xxd more than my lady toke to me for brying therof. Also trussed to
the same box is a dagger to Master Pole,¹¹ according to his mynd; I
pray you shew [it] to him, it cost viijd more then his money. As for the
subpena, with all other matters that longeth to my master & you, they
shalbe send with the next trusty messinger thet cometh home; & thus
Jhesu be your preseruer. From Lyncolns Inne at London this Munday
next afore Candlemas Day.

Servant     John Pullen^e

Endorsed (p. 149): To Sir [Robt deleted] Richard Plompton chapleyn at
Idell

     ^a MS fist.

     ^b Misspelling deleted.

     ^c Blank.

     ^d Blank.

     ^e Appended: Copied the xxth of December 1613.

     ¹ Probably succeeded Edward Plumpton as Sir Robert’s principal man of affairs, App.
III.

     ² Octave.

     ³ Writ to summon a defendant against whom an indictment for a misdemeanour had
been found.

     ⁴ 127, 128.

     ⁵ Introd., above p. 16; 124; Apps II 56; III.

     ⁶ 225n.

     ⁷ 153; App. III.

     ⁸ Writ commanding the sheriff to have before the court at Westminster, or before the
judges of assise at nisi prius, the bodies of the jurors named in the panel to the writ.

     ⁹ Writs of nisi prius empowered the king’s justices to come into the country to receive
jury verdicts there, for transmission to the bench on their return. Under nisi prius they
had no original jurisdiction, but merely the power to proceed on issues referred to them
for convenience out of one of the benches, Baker, Introduction, 19–20.

     ¹⁰ Joan, daughter of Sir Robert Plumpton, married Sir Richard Mauleverer, CB, 799;
App. III.

     ¹¹ Probably German Pole, 138.

LETTER C.

To Sir Richard Plompton, Chapleyn, att Idell.

    Sir, as hartylie as I can, I command me unto you; and within
a box to my Lady, to whom I pray you I may be recommended as
hir servant, is he fest of Nomen Jesu with Utas, and also the fest
of the Transfiguration,^a that ye desired me to send to you. As
for the price of them, ye and I shall agree at our next cominge to-
gither. I doubt not ye know that the venire facias againe Ellis
of York^b com not according to our comunicacion; I wold it
com up servid any wyse this terme. Sir, with Bryan Pullen of
Gawkthorp I send a letter to my master and yours of all the
. . . . . . about the matter here at London againe Babthorpe,^c
as that none other way wold be in any wise; but the venire facias
com in served by one Thomas Rokeby, servant to Mr. Constable
the Servant.^d The copie of the retorne and panell I send to you
inclosed herin for more surtie, as tother letter is delivered. Sir,
to speake of the labor I maide to the contrary, I have written
the circumstance therof in my master letter, and surelye it was to
the uttermost of all my power. It is so now, I understond, they
will have a habeas corpora againe the Jurrours retornable octabis
Trinitatis, so that they may have distres with a nisi prius againe
Lammas Assise.^e Therefore, Sir, betwen you and my lady ye
must cause speciall labor to be made, so it be downe prevely, to
such of the Jurrours, as ye trust wilbe made frindly in the cause.
Sir, in the box is a bonet of velvet for . . . . . . . . Mawlevery^f
according to my Ladies infirmacion; the price therof is xs. viiid.
so that I layd dowen xx^d more then my Lady toke to me for beyng
therof. Also, trussed to the same box is a dagger to Mr. Pole,
according to his mynd; I pray you show to him it cost viiid more
then his money. As for the subpena, with all other matters that
longeth to my master and yours, they shalbe send with the next
trusty messenger that cometh home. And thus Jesu be your pre-
server. From Lyncolns Inne, at London, this munday next afore
Candlemas day.^g

    (28 Jan. 1498-9.)

    ^a The feast of the Holy Name of Jesus was kept on the seventh of August, and that
of the Transfiguration on the sixth, the former being solemnized with an octave or
Utas. Manuscripts containing the office of the Church appointed for each feast were
doubtless what were sent to the chaplain by the writer of the Letter.

    ^b John Ellis of York. (See Letter CII.)

    ^c Notwithstanding the terms of the agreement made between Sir Robert Plumpton
and William Babthorpe of Osgodby, when the marriage of Isabel Babthorpe was
contracted for, whereby provision was made for assuring to the latter and his heirs,
"all those lands, tenements, and hereditaments with their appurtenances in the parish
of Hemingburgh, Midleton-upon-the-Would, North Cave, Hundsley, Loftsome, and
Wistow in the county of York, and in Colby in the county of Lincoln, with their
appurtenances, as also certain closes in Selby called the Flates, in satisfaction of all
those lands, tenements, and hereditaments with their appurtenances which wear or
be intailed to any of the name of Babthorp, his anchestors, or to the heire male of
any of their bodies, without let or interruption of the said William Plompton and
Isabell, or any other son of the said Sir Robert, husband to the said Isabell, and
theire of the said Isabell, for ever;" it appears that now William Plumpton and his
wife sought to dispossess Babthorpe of these lands in right or her claim as heir gene-
ral. The father and son were thus singularly circumstanced; the right to the estates
of the one depending upon his making good his title as heir special, and to his wife's
inheritance of the other, upon his proving that there was no bar to the descent to heirs
general.

    ^d Robert Constable, Serjeant-at-law. Joan, his daughter and heir, married Thomas
Rokeby, or Mortham, com. Ebor. esq.

    ^e Lammas Assize was the assize held in the months of August and September.

    ^f Mrs. Mauleverer was the eldest daughter of Sir Robert and Dame Agnes Plump-
ton.

    ^g John Pullan was the writer of this letter; the subscription has been accidentally
omitted in the MS. (See next Letter.)