John Pullein to Sir Robert Plumpton, clerk

127 John Pullein to Sir Robert Plumpton, [29 January 1498/9] (No. 151,
     p. 93)

[p. 94] Sir, please yt your mastership to vnderstand þat I sent a letter
to you with Bryan Pullan of Gawkthorp of all the cyrcumstances of þe
matter betwene my master & your son & his wyfe, & William
Babbthorp;¹ & as þat none ther wold be. But the venyre facias com in
servid.² Sir, so yt is now pat surely they intend to haue a habeas corpora
agayn the iurrours, with a nisi prius this next assise in Lent, at Yorke.
Therfore, Sir, ye must make speciall frynds to the iurrours, þat they
may be labored specially to such as ye trust wylbe made frindly in the
cause.³

     Sir, I have letton Mr Kyngesmell⁴ see þe dede of gift of þe chaunchry
of Elton,⁵ & shewed to him as your mastership presented in after þe
deith of þe last incumbent, which presentee was in by þe space if iiij
or v dayes, at the least, & desired of hym to have his best counsell; &
he answered to me thus: at subpena lay not properly in þe case, but þe
best remedie for your incumbent was to haue assise at þe comon law,
if any land belonged to þe sayd chaunchre; & if he had no land, then
to have a spoliacion⁶ in þe spirituall court agaynst þe preyst that now
occupyeth, because he is one disturber, or els to suy a quare impedit⁷ at
þe comon law. And so is to take no subpena; & for these causes I rest
to I know your pleasure [or] wryting. Sir, as for þe subpena agaynst
Sir John Hastyngs, I shall remember it; þat accion of wast agaynst Sir
John Hastings goeth forward as fast as þe law wyll serve.⁸ And if þer
be any other service to doe, it shalbe done to all my power, with Gods
grace, who be your preserver. From Lyncolns Inn at London, this
Tuesday next Candlemas Day.

Your servant and bedman     John Pullan^a

Endorsed (p. 93): To his especyall good master Sir Robt Plompton knight
at Idell in hast

     ^a Appended: Copied þe 21 day of Aprill 1613.

     ¹ 126n.

     ² Against John Ellis, of York, 126, 128.

     ³ In a case of novel disseisin the jurors were required to inspect the lands in question
before coming into court ready with their verdict, Donald W. Sutherland, The Assize of
Novel Disseisin (Oxford, 1973), 1, 18.

     ⁴ 129.

     ⁵ The Derbys manor of Elton with the advowson of a chantry in the chapel of St
Margaret in the parish church was conveyed by Sir William to Dean Andrews of York
and his co-feoffees in 1475, although it was then the subject of a dispute with Thomas
Foljambe of Walton, who claimed it as heir of Sir Edward Foljambe (d. before 1464).
On 2 Nov. 1479 Sir Edward’s widow conveyed the right of seisin to Sir William, but it
was excluded from Richard III’s award 16 Sept. 1483 because the title was still in
question, CB, 598, 693; App. II 40, 48.

     ⁶ Writ for the purchaser against the disturber where no right of patronage was in
dispute.

     ⁷ Writ for the recovery of an advowson.

     ⁸ 124n.

LETTER CI.

To his especyall good master Sir Robart Plompton, knight, at
Idell, in hast.

    Sir, please yt your mastership to understand that I sent a letter
to you with Bryan Pullan of Gawkthorp of all the cyrcumstance
of the matter betwene my master and your son and his wyfe, and
William Babthorp; and as that none ther wold be. But the
venyre facias com in servid. Sir, so yt is now that suerly they
intend to have a habeas corpora agayn the Jurrours with a nisi
prius this next assise in Lent, at Yorke. Therfore, Sir, ye must
make speciall frynds to the Jurrours, that they may be labored
specially, to such as ye trust wylbe made frindly in the cause.
Sir, I have letten Mr. Kyngesmell^a see the dede of gift of the
chaunchry of Elton,^b and shewed to him as your mastership pre-
sented in after the deith of the last Incumbent, which presentee was
in by the space of iiii orv dayes at the least, and desired of hym to have
his best counsell. And he answered to me thus; that subpena lay
not properly in the case: but the best remedy for your Incumbent
was to have assise at the common law, if any land belonged to the
sayd Chaunchre. And if he had no land, then to have a spolia-
cion in the spirituall court agaynst the preyst that now occupyeth,
because he is one disturber, or els to suy a quare Impedit at the
comon law. And so is to take no subpena. And for these causes
I rest to I know your pleasure. . . . wryting. Sir, as for the
subpena agaynst Sir John Hastyngs, I shall remeber it. The
accion of wast agaynst Sir John Hastings goeth forward, as fast
as the law wyll serve. And if ther be any other service to doe,
it shalbe done to all my power, with Gods grace, who be your
preservor. From Lyncolns Inn at London, this tuesday next Can-
dlemas day.

            Your servant and bedman,
    (29 Jan. 1498-9.)                                   JOHN PULLAN.

    ^a Master John Kingsmill, Serjeant, called 10 Sept. 1496.

    ^b Chantry in the chapel of St. Margaret at Elton, com. Derb.