William Bollyng

[David Boulding]

Anyone able to give me a clue what's going on here? Obvously William has held onto something he shouldn't but what exactly and where? Both cases appear to be about the same problem between John Heth and Wm Bollyng - somewhere in Kent

Merry Christmas one and all!

KB27/918

Hilary Term, 1491, sorted by plaintiff names (By Vance Mead)

f 98   Kent   Heth, John   Bollyng, William   replevin
http://aalt.law.uh.edu/AALT2/H7/KB27no918/aKB27no918fronts/IMG_0099.htm


d 264   Kent   Heth, John   Bollyng, William   replevin
http://aalt.law.uh.edu/AALT2/H7/KB27no918/bKB27no918dorses/IMG_0264.htm

[horselydown86]

Obvously William has held onto something he shouldn't but what exactly and where?

I can answer your direct questions (to an extent) but can't do more.  It looks to be quite a complex matter.

The what is av(er)ia = beasts

I believe the only placename mentioned in relation to animals is Witherna____ or Witherva____.

(The word ends with five consecutive verticals and may be contracted so it's difficult to be sure how it finishes.)

However, I believe the texts refer to the beasts in this place as being William's.

I wouldn't like to say whether or not these are the same beasts as those which William originally took from John.

Merry Christmas, David.

[David Boulding]

Beasts eh? I'd never have been able to divine that.

Witherna____ I'll ponder over that as it's nowhere I immediately recognise as a place in Kent (which I know well as I live here)

Witherenden?

Anyway I thank you for your efforts on my behalf. Best wishes for 2025

[shanreagh]

At last after studying law a million mumble years  ago I get to explain an Action in Replevin, or Wki does

'Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses'.  (Wiki)

We studied this in the Law of Torts -  a tortious action at common law for the recovery of goods wrongfully detained or taken.  Nowdays in many common law countries, ie those whose legal systems derive from the English Common Law, actions in Replevin have been codified into legislation. bringing an action under Common Law is no more.

The great thing about seeing these old cases while studying family history is to see the law in action all those many years ago.  Living before it became history.

[Bookbox]

I believe Withernam is not a place but a Middle English legal term, for a form of reprisal action. See here ...
https://quod.lib.umich.edu/m/middle-english-dictionary/dictionary/MED53047

Much of this recites action that has already happened in the past. I don’t claim to have every word of it (especially towards the end), but I think it goes something like this:

The king had ordered the sheriff of Kent to restore to John Heth his cattle, which William Bollyng had taken and unjustly detained. But the sheriff didn’t do this and didn’t explain why, so he was upbraided for being in contempt of the king’s orders and for causing damage to John Heth.

John has now turned up in court, but William has not come. The sheriff now reports that William took John’s animals so far off that they could not be found. The sheriff is now ordered to seize William's cattle as a form of reprisal (called 'withernam') and to keep the cattle until William returns John's cattle. The sheriff is to report back to the court, and a date is set for the next hearing.

(Afraid I don’t have time to do the second one right now.)

[David Boulding]

Thank you so much for your reply. These ancient legal cases are so interesting and these strange legal terms remarkable.

I am wondering if this might be William Bollyng (c1430 - 1494) of Crundale, Kent? He's in the right time frame.

Anyone, once again, I really do appreciate that people such as yourself make these documents accessible to people such as me. I am truly grateful.

I'll scan these two documents again to see if there's any text that could resemble Crundale or Godmersham (where the above William owned land).