CP40/813: Michaelmas term 1464

Court of Common Pleas, CP 40/813, rot. 023

Term: Michaelmas 1464
County: London
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Safe keeping

Pleading: John Grove states that on 22 February 1463, in London, he delivered to Thomas Fraunceys for safe-keeping a certain sealed chest containing documents, to be returned to him on request. However, TF has not returned this chest, to his damage of £10.

Pleading: TF presents the chest and documents in court, to be delivered as the court orders. He states that the chest and documents were delivered to him on the day given by both JG and a certain Oliver Grymball under certain conditions, to be delivered to either of them under those conditions. However, whether these conditions have been carried out on the part of OG he is unaware, and seeks that OG be forewarned. This is granted, and the sheriff is to inform OG to be here at the morrow of All Souls, to show any good reason why the chest should not be delivered to JG.

Postea text: On this day, parties come, OG does not come, sheriff sends that he informed OG to be here by John Lamburne and William James. Order that JG recover the chest on the default of OG, and he has delivery.

Court of Common Pleas, CP 40/813, rot. 023d

Term: Michaelmas 1464
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond

Pleading: John Raynold and his wife Beatrice, former wife and administrator of Albrightus Rosegardyn, were summoned to answer Joan, relict of John Vache, and William Egliffeld, administrators of John Vache, on plea that they render to them 53s 4d which they unjustly detain. Joan V and WE state that on 23 April 1453, at Hackney, Albrightus Rosegardyn, now deceased, made a bond with John Vache, also now detained, in 53s 4d, payable at Michaelmas then next. However, AB did not pay, and nor has his administrator Beatrice, before or after her marriage to John Raynold, either to John V or his administrators, to their damage of 5m. They show the bond in court, and the letters of administration, by which Joan V and John Egliffeld are administrators.

Pleading: JR and Beatrice granted licence to imparl to octave of Hilary.

Case notes: Case re-enrolled, with bond made at Westminster, on CP 40/815, rot 338d.

Court of Common Pleas, CP 40/813, rot. 025

Term: Michaelmas 1464
County: Norfolk
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Geoffrey Feldyng states that on 4 September 1453, at Catton, Andrew Boys made a bond with him in £12, payable at Christmas then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: AB granted licence to imparl to quindene of Hilary, with assent of GF. Pledges named for defendant.

Postea text: 4 further licences to imparl, to octave of Hilary 1466.

Court of Common Pleas, CP 40/813, rot. 104

Term: Michaelmas 1464
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Joan Dobyn states that on [omitted], in London [parish and ward omitted], John Aleyn borrowed £10 from her, payable on request, but has not paid, to her damage 100s.

Pleading: JA granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/813, rot. 114d

Term: Michaelmas 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John Alardson states that on 10 May 1456, in London, John Hervy bought from him 14 casks of 'double' beer and 4 casks of 'single' beer for 4m 2s 4d, payable on request. However, JH has not paid, to his damage of 40s.

Pleading: JH granted licence to imparl to octave of Hilary. Pledges named for defendant.

Pleading: [continued at Hilary 1465, rot 483] JH states that he does not owe JA this or any money as claimed. Parties on country, jury here at quindene of Easter. Same pledges named for defendant.

Postea text: [on CP 40/814, rot 483] JA came by attorney, JH did not come, in default. Sheriff did not send writ, to have jury here at octave of Trinity. Pledges to be taken.

Case notes: Continued on CP 40/814, rot 483. Date of transaction there incomplete, and damages claim increased to 5m.

Court of Common Pleas, CP 40/813, rot. 116

Term: Michaelmas 1464
County: Cornwall
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Oliver Tregasowe and John Tregasowe state that on 20 August 1462, at Lostwithiel, John Dogowe, now deceased, made a bond with them in £80, payable at St Bartholomew then next. However, John D has not paid, and nor have the defendants, John Kendall, Roger Chatwyke, Thomas Tomyowe, Robert Whyte and William Boughton, executors of JD together with Margaret, widow and co-executor of John D, to their damage of 100m. They show the bond in court.

Pleading: JK, RC, TT, RW and WB defend force and injury. TT seeks judgment on the writ, since on the day of the original writ he was a merchant and not a tailor, as claimed. The others state that OT and JT ought not have their action, as they were never executors of the will of John D, and never administered any goods formerly of John D on the date of his death.

Pleading: OT and JT state that on the day of their original writ, namely 12 March 1464, TT was a tailor, as their writ supposed. Parties on country. Concerning the plea of the other four, they state that they administered various goods formerly of John D, as his executors, namely at Lostwithiel in Cornwall and elsewhere in that county. Enquiry by country. [end of pleading]

Case notes: See also CP 40/816, rot 105 for another related case.

Court of Common Pleas, CP 40/813, rot. 118d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 6m
Case type: Bond

Pleading: John Druell states that on 20 June 1459, in London, William Perot made a bond with him in £20, payable on 2 July then next. Of this sum, JD acknowledges payment of £10, but WP has not paid him the remaining £10, to his damage of 6m. He shows the bond in court.

Pleading: WP granted licence to imparl to octave of Hilary. Pledges named for defendant.

Postea text: 4 further licences to imparl, to octave of Hilary 1466.

Court of Common Pleas, CP 40/813, rot. 123

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Bond

Pleading: Roger Tygo states that on 28 June 1463, in London, William Bernewey made two bonds with him, each in 50s, payable at the feasts of All Saints and the Purification then next. However, WB has not paid either bond, to his damage of 100s. He shows the bonds in court.

Pleading: WB admits the action, and that he made the bonds as claimed. Order that RT recover debt of 100s, and damages of 13s 4d. WB amerced.

Court of Common Pleas, CP 40/813, rot. 125

Term: Michaelmas 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Henry Ricard states that on 2 March 1463, in London, John Heyward bought from him one barrel of salted salmon, one barrel of white herrings and twenty salt fish called [omitted] for 40s, payable on request, but has not paid, to his damage of 100s.

Pleading: JH granted licence to imparl to octave of Hilary. Pledges named for defendant.

Court of Common Pleas, CP 40/813, rot. 141

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 10s
Case type: Bond

Pleading: Edmund Kervile states that on 29 July 1464, in London, Robert Clement made a bond with him in £6 13s 4d, payable at St Bartholomew then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: RC admits the action, and that the bond is of his making. Order that EK recover his debt, and damages of 10s. RC amerced, and is committed to the Fleet.

Court of Common Pleas, CP 40/813, rot. 151d

Term: Michaelmas 1464
County: London
Writ type: Detinue
Damages claimed: 100m
Case type: Detention of goods; Safe keeping

Pleading: Isabel Galyon states that on 4 October 1464, in London, she delivered to William Wantyngfeld, John Hungerforth and Peter Clement, wardens of the church of St Michael Cornhill, and Peter Clement, a certain sealed chest containing documents and other muniments pertaining to the manor of West Wickham in Kent for safe-keeping. These were to be returned to her on request, but the defendants have not done so, to her damage of 100m.

Pleading: The wardens and JR admit the action, but say that they have always been prepared to deliver the chest to IG, and offer it in court. Order that IG recover the chest and documents, defendants not amerced as they came on the first day. The defendants thus deliver the chest and documents to IG, and are quit.

Court of Common Pleas, CP 40/813, rot. 199d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Joan, widow and executor of Richard Blak, states that on 12 May 1445, in London, John Hunnyburn made a bond with her late husband in £16, payable at St Bartholomew then next. However, he has not paid, either to her husband or herself, to her damage of £20. She shows the bond in court, and the testamentary letters of RB, by which she is executor and has administration.

Pleading: JH granted licence to imparl to octave of Hilary, with assent of JB.

Pleading: [continued at Hilary 1465, rot 373] JH states that Joan B ought not have her action, since during his life, RB, as RB of Bristol, by a release which he shows in court, dated at Coventry on 20 September 1445, released to JH all personal actions and suits outstanding between them from before that date.

Pleading: Joan B states that this release is not of RB's making. Enquiry by country, sheriff of Coventry to have jury here at octave of Michaelmas. Release to remain in custody of John Fog.

Postea text: [on CP 40/816, rot 373] Sheriff of Coventry did not send writ, sicut prius to octave of Hilary 1466.

Case notes: Continued on CP 40/816, rot 373.

Court of Common Pleas, CP 40/813, rot. 262

Term: Michaelmas 1464
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: Thomas Brewes and his wife Agnes, widow and executor of Edward Benet, state that on 8 May 1458, in London, Thomas Horde accounted with Edward Benet, now deceased, for various sums of EB's money received by TH on account before that date, and was found to be in arrears by 40s. However, TH has not paid this, either to EB during his lifetime or to Agnes after EB's death, or to both plaintiffs after their marriage, or to Robert Fretesham and John Kyffyn, EB's other executors, who have both previously made default in this court on this plea after being summoned, after which the plaintiffs were ordered to sue alone. This is to their damage of 100s. They show in court the testamentary letters of EB, by which Agnes, RF and JK were executors and had administration.

Pleading: TH granted licence to imparl, to octave of Hilary, with assent of plaintiffs.

Postea text: 3 further licences to imparl, to quindene of Michaelmas 1465.

Court of Common Pleas, CP 40/813, rot. 262

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 13s 4d
Case type: Bond

Pleading: Thomas Brewes and his wife Agnes, widow and executor of Edward Benet, state that on 7 November 1461, in London, John Longe made a bond with Edward Benet, now deceased, in 73s 4d, of which 36s 8d was payable at Easter then next, and the other 36s 8d at Michaelmas next following. However, JL has not paid this, either to EB during his lifetime or to Agnes after EB's death, or to both plaintiffs after their marriage, or to Robert Fretesham and John Kyffyn, EB's other executors, who have both previously made default in this court on this plea after being summoned, after which the plaintiffs were ordered to sue alone. This is to their damage of 40s. They show the bond in court, and the testamentary letters of EB, by which Agnes, RF and JK were executors and had administration.

Pleading: TH granted licence to imparl, to octave of Hilary, with assent of plaintiffs.

Postea text: 2 further licences to imparl, to quindene of Trinity 1465.

Postea text: Parties come by attorneys. Attorney of JL is asked to respond for his master, but he states that he has not been informed of any response. JL therefore in default without defence. Order that TB and AB recover the debt, and damages of 13s 4d. JL amerced.

Court of Common Pleas, CP 40/813, rot. 262d

Term: Michaelmas 1464
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: Thomas Brewes and his wife Agnes, widow and executor of Edward Benet, state that on 23 February 1460, in London, Thomas Davers accounted with Edward Benet, now deceased, for various sums of EB's money received by TD on account before that date, and was found to be in arrears by 40s. However, TD has not paid this, either to EB during his lifetime or to Agnes after EB's death, or to both plaintiffs after their marriage, or to Robert Fretesham and John Kyffyn, EB's other executors, who have both previously made default in this court on this plea after being summoned, after which the plaintiffs were ordered to sue alone. This is to their damage of 100s. They show in court the testamentary letters of EB, by which Agnes, RF and JK were executors and had administration.

Pleading: TD states that he does not detain the said 40s nor any money from the plaintiffs as claimed. Order that he wager his law at the quindene of Hilary next; pledges for law named.

Court of Common Pleas, CP 40/813, rot. 303d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Damages awarded: 66s 8d
Costs: 53s 4d
Case type: Bond

Pleading: Geoffrey Blower states that on 19 June 1462, in London, William Betley senior, alias WB junior, made a bond with him in £80, payable at Michaelmas then next, but has not paid, to his damage of £30. He shows the bond in court.

Pleading: WB granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1465, rot 117] WB, not acknowledging that the bond was of is making, states that he ought not owe this debt by virtue of this bond, since at the time of the making of the bond he was under the age of 21 years.

Pleading: GB states that at the time of the making of the bond WB was of full age and not under the age of 21. Enquiry by country, jury here at the octave of the Purification.

Postea text: Sheriff did not send writ, to quindene of Easter 1465.

Postea text: Process continued, jury in respite to quindene of St John the Baptist 1465, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 27 June 1465. On this day, GB came by attorney, justices sent record that on that day, before RD and Thomas Danby, parties came by attorneys, jury said that at the time of the making of the bond WB was of full age, as claimed by GB. Damages assigned at 26s 8d, costs at 53s 4d. Order that GB recover the debt of £80, and the damages assigned by the jury, and a further 40s assessed by the justices. WB amerced.

Case notes: Continued on CP 40/814, rot 117.

Court of Common Pleas, CP 40/813, rot. 306d

Term: Michaelmas 1464
County: London
Writ type: Detinue
Damages claimed: 4m
Case type: Detention of goods; Safe keeping

Pleading: Robert Norton states that on 20 May 1461, in London, he delivered to John Costyn for safe-keeping certain chattels worth 5m, namely one bale of woad, to be returned to him on request. However, JC has not returned this, to his damage of 4m.

Pleading: JC granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1465, rot 318d] JC states that he does not detain these goods or any part of them as claimed. Parties on country, jury here at Easter three weeks.

Case notes: continued on CP 40/814, rot 318d.

Court of Common Pleas, CP 40/813, rot. 312d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Lymnour states that on 5 March 1462, in London, Hugh Austyn made a bond with him in £4, payable on 20 May 1462, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: HA granted licence to imparl to octave of Hilary.

Postea text: 16 further licences to imparl, to octave of Hilary 1469.

Court of Common Pleas, CP 40/813, rot. 319

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 4m
Case type: Bond

Pleading: Robert Norton states that, in London, by a certain sealed bill of memorandum dated 20 July 1458, Thomas Aston, now deceased, acknowledged a debt to him of £10 10s 6d, of which £3 was payable at Michaelmas then next, £3 at Christmas, and £4 10s 6d at the Purification. Of this debt, RN acknowledges payment of £4 10s 2d, but TA did not pay him the remaining £6 4d, and nor has his widow Margery, to whom administration of his goods and chattels was granted, either before or after her marriage to Thomas Gygener. This is to his damage of 4m. He shows the bill in court.

Pleading: Thomas Gygener and Margery granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/813, rot. 328d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 20s
Case type: Bond

Pleading: Hugh Handford states that on 1 April 1464, in London, William Wolston made a bond with him in £39 13s 4d, payable at Pentecost then next, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: WW admits the action, and that the bond is of his making, as claimed by HH. Order that HH recover debt, and damages of 20s. WW not amerced, as came on first day. HH remits the damages, and WW quit of that 20s.

Court of Common Pleas, CP 40/813, rot. 333d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Damages awarded: 20s
Case type: Bond

Pleading: Memorandum that John Wodehous and William Bracebrigge came into court on 20 November this term and presented a bill in the following terms. JW and WB seek against Richard Wolston, attorney of the Bench, £33 6s 8d which he owes them and unjustly detains. They state that on 14 November 1460, in London, Richard Wolston made a bond with them in £33 6s 8d, payable at the quindene of Michaelmas 1463. However, he has not paid, to their damage of 40m. They show the bond in court.

Pleading: RW granted licence to imparl to octave of Hilary, with assent of plaintiffs.

Postea text: 6 further licences to imparl, to quindene of Trinity 1466.

Postea text: Plaintiffs come, RW did not come. Order that plaintiffs recover their debt, and damages of 20s. RW amerced. JW and WB acknowledge satisfaction of £30 6s 8d of this debt, so RW quit of that sum.

Court of Common Pleas, CP 40/813, rot. 336

Term: Michaelmas 1464
County: Middlesex
Writ type: Detinue
Damages claimed: 10m
Case type: Detention of goods

Pleading: John Taylour states that on 14 May 1464, at Hendon, in a place called 'le Wyldes', John Brent took three oxen of JT and unjustly detained them, to his damage of 10m.

Pleading: JB granted licence to imparl to octave of Hilary.

Postea text: Further licence to imparl, to quindene of Easter.

Court of Common Pleas, CP 40/813, rot. 337d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Case type: Bond

Pleading: William Gardner and Thomas Crouche state that on 14 May 1462, in London, William Ley made a bond with them in £40, payable at Easter then next, but has not paid, to their damage of 10m. They show the bond in court.

Pleading: WL asks to hear the bond and the endorsement, and these are read. The condition of the bond is such that if, at Pentecost 1463, WG should wish that WL should have 4 messuages, 60 acres of arable land, and 8 acres of wood situated in Chesham in Buckinghamshire, which WG formerly purchased from William Bromley and his wife Matilda, daughter and heir of Richard Wedon and his wife Joan, with reasonable warning of a quarter of a year before that feast, and if WL should accept this property at that feast, and pay on that date to WG or his assigns 50m and all WG's expenses incurred for this property in the meantime, then the bond shall have no effect. Otherwise it shall remain in force. Having heard this condition, WL is granted licence to imparl to the octave of Hilary, with assent of WG and TC.

Postea text: 4 further licences to imparl, with assent, to octave of Hilary 1466.

Postea text: Parties come by attorneys, plaintiffs seek a response from the defendant. Attorney states that he has not been informed of any response by his master WL. Order that plaintiffs recover debt, and damages of 20s. WL amerced.

Court of Common Pleas, CP 40/813, rot. 339

Term: Michaelmas 1464
County: Northamptonshire
Writ type: Account
Damages claimed: 100s
Case type: Contract (service/employment); Reckoning of account; Taking of goods

Pleading: Thomas Osbarne and his wife Anne state that John Blakborn was receiver of money for Anne, when Anne was a single woman, from 20 May 1458 to 20 May 1459, and during that time he received for Anne, at Northampton, by the hand of William Stokes, 10m to the trade and profit of Anne. He was to make reasonable account for this money on request, but he has not done so, either before or after Anne's marriage to TO, to their damage of 100s.

Pleading: JB states that TO and AO ought not have their action, as he states that after the time when he was supposed to have received the 10m from WS, and after the time that AO delivered the said 10m to him by the hand of WS, these 10m were feloniously taken from him by unknown felons in Northampton, where he had the 10m in safe and secure custody.

Pleading: TO and AO, not acknowledging anything said by JB, state that they do not have to reply to JB's plea, and seek judgment and that JB render account.

Pleading: JB states that since he made a sufficient plea in defence of the action, and TO and AO have not denied this or made any response, he seeks judgment, and that the action be precluded. The justices wish to be advised before rendering their verdict, so day is given at the octave of Hilary.

Postea text: 19 further days given, to octave of Michaelmas 1469.

Postea text: Parties came, justices state that the plea of JB is not sufficient to preclude the action of TO and AO. Order that JB account with TO and AO for that period, etc.

Case notes: regarded as a judgment by default, as counter-plea judged insufficient.

Court of Common Pleas, CP 40/813, rot. 339d

Term: Michaelmas 1464
County: Yorkshire
Writ type: Trespass (force and arms)
Damages claimed: £500
Case type: Taking of goods

Pleading: William Eure states that on 20 May 1461, at Whitby, Thomas Coke, together with Robert Daweson, William Croft, Robert Andrewe, Richard Launde, Richard Skyflyng, Robert Sylton, John Coke, John Olyver, Simon Johnson and William Lambe, forcibly took and carried away a certain ship of WE called 'the James' of Whitby worth £100, together with various goods and chattels on board worth 40m, namely a sail called a 'foketsayll' with ropes and cords called tacks, sheets, bowlines and yardropes pertaining to the sail, five anchors, three large ropes called cables ('gabull'), another large rope called a 'gabull wyth a vente', three tables called 'sterebordes vawerdes', six 'renkys', four bows, one sail called a main sail with four bonnets, four small ropes called bowlines, one 'trusselayner', four 'trussebowelynes', two 'studbowelynes', one small boat ('cimbam') with all the apparatus called 'tackling', two sheets, six bars called capstan bars, one instrument called a 'longewapp', one leaden line ('lineam plumbatum') called a 'leed lyne', two 'gira' called compasses, one glass vessel called a 'rennyng glass' (running glass, i.e. hourglass, sandglass), one rope called a wheelrope, a brass bowl ('ollam'), a brass dish ('patellam'), three 'librellas' (guns), 10 gun chambers, one iron hook for raising the anchors, a pair of millstones for making mustard called mustard-querns, 12 sheaves of arrows, a lattice called a gridiron, four pipes, two vessels called hogsheads, one barrel of bitumen, one barrel of pitch, one new mast with three new ropes called a cable 'ad le saylle yerd', and two small masts, all found in the said ship. This was against the peace, and to his damage of £500.

Pleading: TC granted licence to imparl to octave of Hilary, with assent of WE.

Postea text: 2 further licences to imparl, to octave of Trinity 1465.

Case notes: For case against Robert Andrewe, see CP 40/815, rot 149.

Court of Common Pleas, CP 40/813, rot. 342

Term: Michaelmas 1464
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault; Housebreaking; Taking of goods

Pleading: Thomas Osborn states that on 3 July 1443 Robert Chorleton, William Mitton and Thomas Dawe, the defendants, together with Thomas Yarme, Robert Stokes, John Wolley, Thomas Barker and John Sandysshe, forcibly broke into his house in London, assaulted him, and took and carried away goods worth £40, namely 9 silver cups ('ciphos') called 'Paris pieces', one silver and gilt bowl called a 'standing piece', a silver bowl called a 'bolle pece', two pairs of silver and gilt salts, 3 dozen silver spoons, 21 gold rings, 7 silk girdles of various colours decorated with silver, a saddle, a bridle, a scarlet gown lined with marten fur, a blue gown lined with marten fur, a violet gown lined with polecat fur, and a bill called a Normany bill. This was against the peace, and to his damage of £100.

Pleading: Defendants granted licence to imparl to octave of Hilary.

Pleading: [Followed by mesne process entry of same TO against accessories, who did not come. Sheriff to take, not found, sicut pluries to octave of Hilary. Sheriff did not send writ (twice), to same quindene of Trinity 1465.

Postea text: 3 further licences to imparl, to quindene of Trinity 1465.

Court of Common Pleas, CP 40/813, rot. 342d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Scot and Thomas Crosse state that on 13 February 1458, in London, John Pury made a bond with them in £25 6s 8d, payable at Easter 1459, but has not paid, to their damage of £10. They show the bond in court.

Pleading: JP granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1465, rot 415] JP states that JS and TC ought not maintain their action, and cites various laws and customs of the city of London. He notes that in the city of London there is a custom that if a suit of debt is brought in the city court before the sheriff or bailiffs, and the sergeant at mace reports that the defendant has no goods in the city by which he can be summoned, and if the plaintiffs should state that the defendant has goods in the possession of the plaintiffs or any other person, then at the petition of the plaintiff the bailiff or sheriff may order the sergeant or minister to attach the defendant by those goods to be at the next court. If the sergeant answers that this has been done, and the defendant defaults at the next four courts, then at the fourth court the bailiff or sheriff should judge that the defendant should have execution from the goods thus attached, by the valuation of two citizens of the city. The bailiff or sheriff should then order the sergeant to make this valuation and return it into the court, and then deliver the goods to the plaintiffs. The plaintiffs should, before this, make sufficient security to the court that if the defendant should, within a year and a day after the judgment, come into court and exonerate himself of the debt, or offer sufficient proof that he does not owe this debt or any parcel of it, then the plaintiffs should return the goods to the defendant. JP also states that, according to custom, if any person indebted on a bond should flee the city, and should not appear at the fourth court, then the creditor should have execution from those goods to the sum of the debt as stated. He states that he, John Pury, was indebted to JS and TC in the said £25 6s 8d contained in the bond presented in court, as the plaintiffs claim. And since JP was not living in the city, but had fled, on 21 December 1458, JS and TC came to the king's court before Richard Nedeham, then sheriff of London, held at the sheriffs compter in All Hallows Bread Street, in London, and affirmed a certain plea of debt against JP for this sum. Accordingly, according to the said custom, the sheriff ordered one Richard Parys, then sergeant at mace to the sheriff and minister of the court, that they should summon JP by his goods to be in the court before the sheriff at the Guildhall in the parish of St Lawrence Jewry in Cheap ward on Wednesday 10 January then next (1459) to answer JS and TC on this plea. RP immediately testified in the compter that JP had no goods in the liberty of the city by which he could be summoned, but it was testified that JP had various goods in the custody of the plaintiffs, namely one silver and gilt standing bowl weighing 4lb 5½oz; another bowl called a 'bolle cuppe' of silver weighing 6lb 5½oz; 2 silver pots ('ollas') with roses weighing 5lb 3oz; another silver bowl called a 'paris bolle' weighing 15½oz. Thus, in the same compter, at the petition of JS and TC, the sheriff ordered RP to attach JP by these goods, in the custody of JS and TC, that he should be before the sheriff at the Guildhall on the said 10 January to answer JS and TC according to the custom of the city. On that day, before the sheriff, JS and TC came by their attorney Thomas Moore, and the sergeant at mace stated that he had attached JP by the said goods, according to the order. JP did not come, and made his first default; day was given in the same Guildhall at the next court, on Friday 12 January then next. Plaintiffs came, JP did not come, made second default, day given on Wednesday 17 January. Again, plaintiffs came, JP did not, third default, day given at Friday 19 January. Again, plaintiffs came by attorney, JP did not come, fourth default. TC swore that JP owed him the debt, and it was ordered that JS and TC should have execution of the goods concerned to the value of the debt, at the valuation of two citizens of the city, and the sergeant at mace RP was ordered to have the goods valued by two citizens. The value of the goods was reported to the sheriff at the Guildhall in the court held on Wednesday 24 January next, and this day given to the plaintiffs. On that day, the plaintiffs came, RP reported that the goods had been valued in his presence by Richard Wright and Thomas Sterland, goldsmiths and citizens of the city, namely the silver and gilt standing bowl weighing 4lb 5½oz at £7 2s 8d, namely at 2s 8d per ounce (sic); and all the other goods at 2s 5d per ounce, to a total of £18 17s (sic), making a final total of £25 19s 8d. Since the court wished to seek advice, day was given to the plaintiffs at the next court, on the following Friday. At the next court, the plaintiffs found sufficient security, namely Robert Calcot and John Wentworth, that if JP, within a year and a day, should come before any court in front of the said sheriff and either satisfy the debt or prove that he does not owe it, they would return them. The goods were then ordered to be delivered to the plaintiffs in execution of the debt, and the surplus amount of 13s beyond the value of the debt remained in the hands of Robert Orchard. This £25 6s 8d is the same sum sought by TC and JS in this suit. JP states that on the said 21 December 1458, he did not owe JS and TC any other debt.

Pleading: JS and TC, protesting that the debt mentioned in the pleading is not the same debt being claimed by them in this suit, state that there is no such custom in the city of London as JP alleges.

Pleading: JP repeats that there is such a custom in London as he claimed, and is prepared to verify this. On this, JS and TC state that, amongst other liberties and customs granted to the people of London by various kings and confirmed by the present king, it is such that the mayor and aldermen of the city should record all the customs of the city, and JP does not deny this. It is therefore ordered to the mayor and alderman to examine the records and certify to the justices here by the recorder of the city at Easter one month whether there is such a custom in the city as JP alleges. Same day given to parties.

Pleading: [continued at Michaelmas 1465, rot 317] Main plea re-enrolled. JS and TC state that they should not be precluded from their action, since on 13 February 1458, in the parish of St Faith, Farringdon Within ward in London, JP obliged himself to them in both the bond of £25 6s 8d mentioned in the plea, due at Easter 1459, and also another in the same amount, due at Michaelmas 1458. At the time of the plea JP still owed both of these debts, and TC and JS laid a plea for this other sum, not the one claimed by JP.

Pleading: JP states that the plea laid before the sheriff was for the same debt mentioned in the writ for the present suit. Parties on country, jury here at octave of Hilary.

Postea text: [on CP 40/814, rot 415] Parties come by attorneys. Mayor of London, Ralph Josselyn, and the aldermen, by the recorder, Thomas Urswyk, certify to the justices that there is no such custom in the city as JP alleges. JS and TC seek judgment and the debt with damages. Justices wish to be advised before making judgment, day given at the octave of Trinity 1465. Further day then given at octave of Michaelmas 1465.

Postea text: Parties come by attorney. Having heard and understood the pleas, it seems to the justices that the plea between the parties is not legitimate, and it is ordered that the parties should reply, and they reply as appears in Michaelmas term 1465, rot [omitted].

Case notes: Continued on CP 40/814, rot 415, and CP 40/817, rot 317. Long case involving customs of the city of London.

Court of Common Pleas, CP 40/813, rot. 345

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Goldwell states that by a certain sealed bill of memorandum dated in London on 6 February 1458, John Mayowe, now deceased, acknowledged that he owed him £8 18s 7d. However, JM did not pay this, and nor has his executor, the defendant Thomas Mayowe, to his damage of £10. He shows the bill in court [recited in full, in English, giving date as 20 February 1458].

Pleading: TM granted licence to imparl to octave of Hilary. Pledges named.

Postea text: 7 further licences to imparl, to octave of Michaelmas 1466.

Court of Common Pleas, CP 40/813, rot. 347

Term: Michaelmas 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Richard Everley and John Faukys state that on 9 July 1455, in London, Reginald Stourton bought from them 5 yards of plain velvet for 50s, payable on request. They acknowledge payment of 10s of this sum, but RS has not paid the remaining 40s, to their damage of 40s.

Pleading: RS granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/813, rot. 347d

Term: Michaelmas 1464
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Bond

Pleading: John Hille and Thomas Byset state that on 2 July 1462, at Westminster, John Wyke made a bond with them in £10, payable at All Saints 1463, but has not paid, to their damage of 100s. They show the bond in court.

Pleading: JW granted licence to imparl to octave of Hilary.

Postea text: Further licence to imparl, to quindene of Easter 1465.

Postea text: Plaintiffs come by attorney, JW does not come, in default. Order that JH and TB recover debt, and damages of 13s 4d. JW amerced. JH and TB remit £4 of the said £10, and have execution of the remaining £6 and damages.

Postea text: Plaintiffs by attorney acknowledge satisfaction of debt and damages. JW quit.

Court of Common Pleas, CP 40/813, rot. 352d

Term: Michaelmas 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Skipwith, clerk of the estreats, bringing a bill under the privileges of the officials of the court, states that on 20 October 1463, in London, John Woderove bought a horse from him for 33s 4d, payable on request, but has not paid, to his damage of 40s.

Pleading: JW granted licence to imparl to octave of Hilary.

Case notes: Presumably the fact that the plaintiff was a court official allowed the case to proceed despite being below the 40s threshold for the court.

Court of Common Pleas, CP 40/813, rot. 353d

Term: Michaelmas 1464
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Thomas Persons states that on 3 August 1461, in London, William Alyngton borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 40s.

Pleading: WA state that he does not owe TP this or any money as claimed. Order that he wager his law at octave of Martinmas; pledges for law named. Attorney to have him here.

Court of Common Pleas, CP 40/813, rot. 354

Term: Michaelmas 1464
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Joan Dobyn states that on 20 April 1461, in London, John Fuller borrowed £10 from her, payable on request, but has not re-paid this, to her damage 100s.

Pleading: JF granted licence to imparl to octave of Hilary.

Postea text: 2 further licences to imparl, to octave of Trinity 1465.

Court of Common Pleas, CP 40/813, rot. 358

Term: Michaelmas 1464
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John Lambe and John Beaumond, executors of Simon Strete, state that on 28 August 1452, in London, Robert Waller borrowed £23 from Simon Strete, now deceased, payable on request. However, he has not repaid this, either to SS during his life or to the plaintiffs after his death, to their damage of £10. They show in court the testamentary letters of SS, by which they are executors and have administration.

Pleading: RW states that he does not owe this £23 or any money as claimed. Order that he wager his law at the quindene of Hilary; pledges for law named. Attorney to have RW here.

Postea text: RW make essoin, to quindene of Easter 1465.

Postea text: JL came by attorney, RW makes his law. Order that JL take nothing, amerced for false claim. RW sent without day.

Court of Common Pleas, CP 40/813, rot. 359d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Damages awarded: £6
Case type: Bond

Pleading: John Lane, senior, states that on 4 August 1459, in London, Robert Bolton made three bonds with him and John Acris, now deceased, each in £13, payable at St Peter ad Vincula 1460, 1461 and 1462 respectively. However, RB has not paid any of these sums, either before or after the death of JA, to his damage of 40m. He shows the bonds in court.

Pleading: RB granted licence to imparl to octave of Hilary.

Postea text: 2 further licences to imparl, to octave of Trinity 1465.

Postea text: Parties come by attorneys. Attorney of RB states that he is not informed of any plea, so attorney of JL seeks judgment and damages. Order that JL recover debt, and damages of £6. RB amerced.

Court of Common Pleas, CP 40/813, rot. 360d

Term: Michaelmas 1464
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £500
Case type: Assault

Pleading: John Waynflete states that on 6 June 1462, John Grayell assaulted him at Kentish Town, and made such threats against his life and limb that he dare not go about his business, namely the supervision of the lands and tenements pertaining to his prebend of Wistow in the cathedral church of St Peter, York, for a long time, namely from 6 June 1462 until 12 March 1464, such that his business remained undone. This was against the peace, and to his damage of £500.

Pleading: RG denies responsibility for this trespass as claimed. Parties on country, jury here at quindene of Hilary.

Postea text: Sheriff did not send writ, to quindene of Easter 1465.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1465. Parties came by attorneys, jury came, heard case, went to discuss the matter, returned, at which stage JW did not pursue his writ, JW and pledges amerced; find names of pledges. RG and the jury are sent without day.

Court of Common Pleas, CP 40/813, rot. 370

Term: Michaelmas 1464
County: Middlesex
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: Walter Stokker and his wife Agnes, widow and executor of William Gregory, state that on 10 November 1454, at Westminster, Thomas Vaughan bought from William Gregory, now deceased, 346 belly furs of dark marten called 'brown martens', 200 pieces of fur called marten skins, 40 marten skins, 300 budge skins, 200 black rabbit skins and 300 black lamb skins, all for £35 18s 2d, payable on request. However, he has not paid, either to WG during his lifetime, or to his executor Agnes, before or after her marriage to WS, to their damage of 20m. They present in court the letters of Richard Bole, bachelor in both laws, commissary general of Thomas, bishop of London in the city of London and the deaneris of Middlesex and Barking, by which Agnes is executor of the will and has administration.

Pleading: TV states that he does not detain this £35 18s 2d or any money as claimed. Parties on country, jury here at octave of Hilary.

Case notes: See also later case between these parties on CP 40/822 rot 333d.

Court of Common Pleas, CP 40/813, rot. 407d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Boylet states that on 7 December 1458, in London, Roger Appelton made a bond with him in £16, payable at the Purification then next. Of this sum, WB acknowledges payment of £5 2d, but RA has not paid the remaining £10 19s 10d, to his damage of 20m. He shows the bond in court.

Pleading: RA granted licence to imparl to quindene of Hilary.

Postea text: 12 further licences to imparl, to octave of Hilary 1468.

Court of Common Pleas, CP 40/813, rot. 409

Term: Michaelmas 1464
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: £10
Case type: Loan; Sale of goods

Pleading: William Horne states that on 7 February 1464, in London, John Herman bought from him eight barrels of white herrings and 100 fish called 'titlings' for £3 18s, payable on request, and borrowed a further £3, also payable on request. However, JH has not paid either debt, to his damage of £10.

Pleading: JH granted licence to imparl to octave of Hilary.

Postea text: Parties come, WH by attorney, JH in person. JH states that he does not owe WH this or any money as claimed. Makes his law immediately. Order that WH take nothing, amerced for false claim. JH sent without day.

Court of Common Pleas, CP 40/813, rot. 410

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Walssh states that on 15 November 1463, in London, Thomas Rokes made a bond with him in 4m, payable at the feast of the Purification then next, but has not paid, to his damage of 40s. He shows the bond in court.

Pleading: TR granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1465, rot 316] TR states that this bond is not of his making. Parties on country, jury here at the octave of the Purification.

Postea text: [on CP 40/814, rot 316] Sheriff did not send writ, to quindene of Easter 1465.

Case notes: Continued on CP 40/814, rot 316.

Court of Common Pleas, CP 40/813, rot. 427

Term: Michaelmas 1464
County: London
Writ type: Other
Damages claimed: -
Case type: Arbitration

Pleading: On 22 November this term, Thomas Acton and William Bolle recognise in court that they have bound themselves to William Bury in a sum of £200, payable at Christmas next, and that if they do not pay this, the sum can be levied from their lands, etc. The condition of the bond is such that if TA should stand in and abide by the arbitration and judgment of Henry Sotill, Thomas Burgoyn, William Cumberford and Humphrey Starky, or three or two of them, regarding all suits, etc, outstanding between him and William Bury at the appointed day, then the bond shall be cancelled.

Pleading: [Followed by equivalent recognisance by William Bury, in same terms.]

Case notes: Record of two recognisances by people agreeing to stand in arbitration.

Court of Common Pleas, CP 40/813, rot. 431d

Term: Michaelmas 1464
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Adams, administrator of the goods and chattels formerly of John Kyng, states that on 19 March 1442, at Westminster, Robert Veer, now deceased, made a bond with JK and a certain Thomas Lucy, who predeceased JK, in £15 4s, payable at Pentecost then next. However, RV did not pay during his lifetime, and nor has Joan after his death, either to JK and TL before TL's death, to JK, or to TA, as administrator of JK, to his damage of 100s. He shows the bond in court, and the letters of Henry Sharp, doctor of law, commissary general of Thomas, bishop of London in the city of London and the deaneries of Middlesex and Barking, by which he has administration.

Pleading: Joan granted licence to imparl to octave of Hilary.

Postea text: 3 further licences to imparl, to octave of Michaelmas 1465.

Court of Common Pleas, CP 40/813, rot. 448

Term: Michaelmas 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 20s
Case type: Sale of goods

Pleading: Thomas Reede states that on 2 May 1461, in London, John Noke bought from him 11½oz of coral for 46s, payable on request, but ahs not paid, to his damage of 40s.

Pleading: JN granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1465, rot 313d] JN states that he does not owe TR this 46s or any money as claimed. Order that he wager his law at quindene of Easter. Pledges for law named. Attorney to have him here on that day.

Postea text: [on CP 40/814, rot 313d] TR came by attorney, JN did not come to make his law. Order that TR recover debt of 46s, and damages of 20s. JN amerced.

Postea text: TR acknowledges satisfaction of debt and damages. JN quit. [Regnal year of date unclear, could by 25 October 1466.]

Case notes: Continued on CP 40/814, rot 313d.

Court of Common Pleas, CP 40/813, rot. 455d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Walter Redston and Thomas Ryngston state that on 5 December 1449, in London, William Redston, now deceased, made a bond with them in £25, payable at Eastere then next. However, he did not pay, and nor has his widow and executor Agnes, either when she was single or after her marriage to Hugh Kyngston, to their damage of £10. They show the bond in court.

Pleading: Hugh Kyngston and Agnes, his wife, executor of WR, granted licence to imparl to octave of Hilary.

Postea text: 3 further licences to imparl, to quindene of Michaelmas 1465.

Court of Common Pleas, CP 40/813, rot. 472

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Braybroke states that on 6 November 1462, in London, Stephen Milton, now deceased, made a bond with him in £22, payable at Christmas then next. However, he did not pay, and nor have his executors, John Estgate and Geoffrey Joye, to his damage of 20m. He shows the bond in court.

Pleading: JE and GJ state that WB ought not have his action, as they have fully administered all the goods and chattels formerly of SM at the time of his death, and had none remaining on the day of the plaintiff's original writ.

Pleading: WB states that on the day of his original writ, namely [omitted], the executors had various goods and chattels formerly of SM still in their hands and not administered sufficient to pay this debt, namely in the parish of St Margaret in Bridge ward, London. Enquiry by country, jury here at octave of Hilary.

Postea text: Sheriff did not send writ, to quindene of Easter 1465.

Court of Common Pleas, CP 40/813, rot. 495d

Term: Michaelmas 1464
County: London
Writ type: Trespass (against statute)
Damages claimed: £324 3s 11¾d
Case type: Breach of Statute

Pleading: Peter Pekham, citing the terms of the statute of 2 Henry V ordering that copies of libels brought in spiritual courts should be delivered to the defendants [2 Henry V, c. 3], states that on 17 October 1464, John Byknell, citer of Thomas, archbishop of Canterbury, in the parish of St Sepulchre in London, peremptorily summoned PP to appear before the archbishop or his commissary within 15 days concerning certain articles of contempt of the prerogative and customary laws of the archbishop brought against him by Thomas Entwysell, Thomas Bledlowe and John Clerk, administrators of the goods formerly of Rose Browne, daughter of John Browne. On 20 October, in the same parish, PP asked Thomas Wynterborn for a copy of the libel brought against him, but TW delayed and refused this request, and continues to do so, in contempt of the king, against the form of the statute and to his damage of £324 3s 11¾d.

Pleading: TW granted licence to imparl to octave of Hilary.

Case notes: Odd damages claim.

Court of Common Pleas, CP 40/813, rot. 497d

Term: Michaelmas 1464
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Melbourne states that on 31 July 1447, in London, Edmund Blake, now deceased, made a bond with him in £14, payable at Michaelmas then next. Also, on 8 May 1459, in the same place, EB made another bond with him in £9 6s 8d, payable at the feast of St Thomas the Martyr then next [presumably the Translation]. Of this, WM acknowledges satisfaction of 60s, but EB did not pay the remaining £20 6s 8d, and nor has the defendant Elizabeth Blake, Edmund's executor, or her fellows, Simon Blake and John Crud, to his damage of 100s. He shows the bonds in court.

Pleading: Elizabeth B states that WM ought not have his action, as she was never executor of Edmund B, and never administered any of the goods and chattels which were his on the day of his death or afterwards as his executor.

Pleading: WM states that Elizabeth administered various goods and chattels formerly of Edmund B as his executor, namely in the parish of St Martin Ludgate, Farringdon Within ward, in London. Enquiry by country, jury here at octave of Hilary.

Court of Common Pleas, CP 40/813, rot. 498d

Term: Michaelmas 1464
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Matilda Stranshill and John Palmer, executors of Robert Chamberleyn, state that on 1 August 1455, at Westminster, John Warner, now deceased, made a bond with RC in 20m, payable at Easter then next. However, he did not pay, and nor have the defendants, Richard Bruyn and William Bruyn, administrators of the goods of JW after his death appointed by John Stokes, auditor of Thomas, archbishop of Canterbury, either to RC or the plaintiffs, to their damage of 10m. They show the bond in court, and the testamentary letters of RC, by which they are executors and have administration.

Pleading: RB and WB granted licence to imparl to octave of Hilary. Pledges named for defendants (includes each defendant standing surety for the other).

Postea text: 5 further licences to imparl, to quindene of Easter 1466.

Court of Common Pleas, CP 40/813, rot. 514

Term: Michaelmas 1464
County: London
Writ type: Trespass (against statute)
Damages claimed: £200
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Thomas Grey, citing the statute of 5 Richard II against unlawful entry into property [Stat Realm, 5 Ric II, c. 7], states that on 28 November 1463, Richard Elmesley, together with William Roclyff and Edith Grey, entered into six messuages of his, namely one messuage in the parish of St Nicholas Acons in Langbourn ward, a messuage in St Dionis Backchurch in Lime Street ward, a messuage in St Martin Vintry in Vintry ward, two messuages in the parish of St Thomas the Apostle in Vintry ward, and another messuage in St Mary Colechurch parish, into which TG had not given permission for them to enter, in contempt of the king, against the form of the statute and to his damage of £200.

Pleading: RE granted licence to imparl to octave of Hilary.

Pleading: [Followed by mesne process on same suit against William Roclyff and Edith Grey, who did not come. Sheriff to attach, had nothing, to take for same term. Postea records sheriff did not send writ, to quindene of Easter 1465.]

Postea text: Further licence to imparl to quindene of Easter 1465. [Further postea erased and deleted.]

Case notes: See also CP 40/815, rot 148d, for same case against all three perpetrators.