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: