John Baynard, parson of Colkirk. Baynard John King and council. parson of Colkirk...

Petitioners

John Baynard, parson of Colkirk.

Name(s)

Baynard, John

Addressees

King and council.

Occupation

parson of Colkirk

Nature of request

John Baynard states that Henry de Iddesworth sued him in court Christian concerning goods and chattels that are not a matter of testament or matrimony. John brought a prohibition and attachment in Common Bench, but while this attachment was pending Henry continued his suit in court Christian until John was excommunicated, and then sued a writ to the Sheriffs of London to have him imprisoned. The justices of Common Bench have sued to have him released during the attachment, but the Sheriffs have not done so. The King has written to the Sheriffs, asking them to inform Chancery the cause of John's arrest, and they have said that the writ to capture him says that he was excommunicated in a case of tithes, whereas the writ to release him says that Henry is attached in a case of chattels and debts: and so he remains in prison. He requests a remedy.

Nature of endorsement

Because the said John cannot sue his attachment while he is in prison, and the Sheriffs ought not to, and cannot, have cognisance if the case was of tithes or of chattels and debts, the Sheriffs are to be ordered to have the said John released so that he can sue his attachment, notwithstanding the discrepancy, or the reason contained in the said certification.

Places mentioned

Colkirk, [Norfolk]

London.

People mentioned

Henry de Iddesworth.

For the writ ordering the Sheriffs of London to release John Beynard, see SC 8/97/4824

For the writ to the Sheriffs of London ordering them to imprison John Baynard, see SC 8/97/4823

For the writ asking the Sheriffs of London to inform the King of the causes of the petitioner's capture, see SC 8/97/4822