Opinion of Counsel

197 Opinion of Counsel [1504 ? 1505]          (No. 212, p. 148)

     Hulme, Lynacre, Algrathorpe. In territorijs de Truberui, Bra-
     emenn, Lyvacr & chesterfeld Padenhale.¹

Sir, wheras it is commoned by your aduersaryes ?at if ?e kings grace,
through ?e favor which his Counsell beareth you, grant you any lifflod
now, they trust [. . .]^a herafter to recouer it againe by ?e law, for they
have ther recovers exemplified vnder the kings great seale to the same
intent. [. . .] Item. They talke, ?at wher ye intitle you by reason of a
dede intayled by Sir Robt Plompton & Dame Alice his wyffe, daughter &
heire of Sir Godfrays Foliambe, made vnto Sir Thomas [p. 149]
Rampeston & other;² they say if the sayd Sir Robt intaled his owne
inherytaunce, the intale of his wiffes inherytaunce made to be voided
by cui in vita,³ by many & diverse discontynuances which are exem-
plified; & they have them redy to be shewed herafter, when they see
ther tyme for all such causes. Sir, by the advice of your counsell learned,
shalbe vnto the kings grace ?at all former recouers & other tytles,
which your aduersaryes hath against you & your heires, may be
voyded & adnulled & revoked; & ?at ye by the aduice of your learned
counsell, by authoryty of Parliament, recouer, or otherwyse, as your
counsell thinketh most expedient, herafter may be in suerty for all
manner recouerse, discontynuances, or any other claime ?at your
aduersaryes or ther heires myght haue against you & your heires. And
this for Gods sake ye se done & perfitly fynyshed; & Jhesu euermore^b
preserve you.^c

     ^a and deleted.

     ^b Marginal note: not and one.

     ^c Appended: Copied the 12th of May 1613.

     ¹ The relevance of this legal opinion concerning the ownership of the Derbyshire
hamlets of Holme, Linacre, Hackenthorpe, Troway, Bramley and a place near Chesterfield
identified by Stapleton as recorded in the Domesday survey is not clear, because the
Plumptons do not appear to have had any interest therein. The king?s protection to Sir
Robert applied only to his Yorks estates, those in the Midlands having been in the
occupation of Bubwith and Burgh since the judgement of the Nottinghamshire assize
justices in 1501, see the compotus of Edward Brown, bailiff of the Derbyshire estates, for
the use of the 2 feoffees 14 Sept. 1504, App. I, 7.

     ² App. II, 6.

     ³ The alienation of Alice Plumpton?s estates was illegal and could therefore be
challenged by the writ of entry, cui in vita.

LETTER CLIX.

Hulme, Lynacr, Algrathorp. In teritoriis de Trubervi,
Bramenn Lyvacr et Chesterfeld Padenhale.^a

    Sir, wheras it is commoned by your adversaryes that if the
Kings grace, through the favor which his counsell beareth you,
grant you any lifflod now, they trust herafter to recover it againe
by the law, for they have ther recovers exemplified under the
Kings great seale to the same intent.

    Item. They talke, that wher ye intitle you by reason of a dede
intayled by Sir Robert Plompton and dame Alice his wyffe,
daughter and heire of Sir Godfrays Foliambe, made unto sir Tho-
mas Rampeston and other; they say if the sayd sir Robart in-
taled his owne inherytaunce, the intale of his wiffs inherytaunce
was to be avoided by Cui in vita,^b by many and diverse dyscon-
tynuaunces, which are exemplified. And they have them redy to
be shewed herafter, when they see ther tyme for all such causes.
Sir, by the advice of your counsel learned, shalbe unto the Kings
grace that all former recovers and other tytles, which your adver-
sarves hath against you and your heires, may be voyded, and ad-
nuled, and revoked; and that ye, by the advice of your learned
counsell, by autoryty of Parliament, recover, or otherwise, as your
counsell thinketh most expedient, herafter may be in suerty for all
manner recoverse, dyscontynuances, or any other clame that you
adversarys, or their heires, myght have against you and your
heires. And this for Gods sake ye se done and perfytly fynished,
and Jesu evermore preserve you.^c

    (Anno 1504-5.)

        ^a The heading to this legal opinion in the MS. appears to be wholly irrelevant to the
subject matter of it. The places there named I presume to be the hamlets of Holme,
Lynacre, Hackingthorp, Troway, and Bramley in Derbyshire; and that under the name
of Chesterfield Padenhale is denoted the place of which there is this record in the
Domesday survey of the manor of Newbold, to which Chesterfield was only a bere-
wick. "Soke. In Greherst and Padinc four oxgangs of land to be taxed; it is waste."
(Vide Domesd. 272 b. l. )

    ^b Cui in vita is a writ of entry which a widow hath against him to whom her hus-
band alienated her lands or tenements in his lifetime. For the grounds of the title
set forth by Sir Robert Plumpton, see Memoirs.

^c During the remainder of the reign of Henry VII. the influence of Sir Robert
Plumpton, now a Knight of the King's body, and of his friends at Court, was, it
seems, sufficient to counteract the measures of Empson, at least so far as to be per-
mitted to retain possession of Plumpton and the Yorkshire estates, notwithstanding
the verdict against him at the assize. (Vide Inq. post mortem Eliz. Suthell liberat.
Cur. 12 die Februarii anno 22 Hen. VII. per manus Richardi Emson militis pro
manerio de Kenalton et terris in com. Nott. et 11 die Decembris . . . . . . . . per manus
Ric'i Bunney per . . . . . . . . . . Emson pro manerio de Plumpton, com. Ebor.) The
estates in Derbyshire had been in possession of the feoffees to the use of the heirs
general since the eve of the feast of St. Michael 17 Hen. VII. the year of their recovery
by assise before the Justices. See a compotus of Edward Browne, bailiff and collector
of rents there for the use of Richard Burgh and Robert Bubwith, clerks, from the
feast of the Exaltation of the Holy Cross, 19 Hen. VII. to the same feast in the
following year. (MS. Add. Brit. Mus. 6698.)