CP40/804: Easter term 1462

Court of Common Pleas, CP 40/804, rot. 101d

Term: Easter 1462
County: Yorkshire
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Henry Smale states that on 8 July 1460 John Dare made a bond with him in London in £13 7s 4d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JD states that he should not owe this debt, as at the time of the making of this bond there was an agreement between him and HS that should JD make and deliver to HS a certain bond in £13 7s 4d under the condition endorsed on it that if HS should deliver to JD marketable woad and ashes worth the said £13 7s 4d by 24 August 1460, then the bond shall have no effect, otherwise it shall remain in force. He says that at this time he was a lay man, and little learned, and that the bond was read to him in English as containing this condition, and he, believing this to be the case even though it was not, sealed it and delivered it to HS. He therefore states that this bond, not containing this condition, is not of his making. Parties on country, jury here at octave of Trinity.

Case notes: Headed Yorkshire, but presumably an error for London.

Court of Common Pleas, CP 40/804, rot. 110

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: William Lyghtwode states that on 6 April 1459 Henry Kyng made two bonds with him, each in 66s 8d, payable at Christmas and Easter then next respectively. However, he has not paid either debt, to his damage of £10. He shows the bonds in court.

Pleading: HK states that these bonds are not of his making. Parties on country, jury here at Easter five weeks.

Postea text: Sheriff did not send writ, to octave of Trinity 1462.

Court of Common Pleas, CP 40/804, rot. 112

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Lambard states that on 17 November 1454 William Flattis made a bond with him in £14 13s 2d, which he shows in court, payable at Easter then next. Of this, JL acknowledges that he has been paid £11, but WF has not paid the remaining 73s 2d, to his damage of £10. [Text of bond recited in full, in English.]

Pleading: WF granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/804, rot. 114d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Durham, Hamo Beele and John Pychard state that on 5 March 1459 John Levegrene made a bond with them in £7 7s 5d, but has not paid to their damage of 10m. They show the bond in court.

Pleading: JL states that the bond is not of his making. Parties on country, jury here at the morrow of Ascension. Pledges named.

Postea text: Sheriff did not send writ, to quindene of Trinity 1462.

Court of Common Pleas, CP 40/804, rot. 115d

Term: Easter 1462
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: John William states that at All Saints 1460 Nichoals Taillour, John Swynnowe, Edward Benet and John Tanke forcibly assaulted him in the parish of St Botolph without Aldgate, Aldgate ward (sic), against the peace and to his damage of £10.

Pleading: NT, JS, EB and JT deny responsibility for this trespass as claimed. Parties on country, jury here at Easter five weeks.

Postea text: 8 posteas, sheriff did not send writ, to quindene of Easter 1464.

Court of Common Pleas, CP 40/804, rot. 116

Term: Easter 1462
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Contract (service/employment); Reckoning of account

Pleading: William Norton, John Markwyll, Richard Bovauntur and Walter Norys, executors of Richard Nordon, state that on 30 August 1450 Walter White, now deceased, accounted in London before Richard Brodoke and John Swan, auditors, for various sums of money of RN received by WW on his account, which was to be rendered on request, and was found to be in arrears to RN by 40s. However, WW has not paid this, either to RN or his executors, and nor have his administrators, Agnes, now wife of William Person, and Richard White, to whom administration was granted by [omitted] at [omitted], to their damage of 40s.

Pleading: William Person and his wife Agnes state that the action should not continue, as WW did not account before the said auditors concerning this money, as the plaintiffs claim. Parties on country, jury here at octave of Trinity. Pledges named.

Pleading: [Followed by mesne process against Richard White, who did not come. Sheriff to take, not found, to take for octave of Michaelmas 1462.]

Postea text: Sheriff did not send writ, to octave of Michaelmas 1462.

Court of Common Pleas, CP 40/804, rot. 117

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods

Pleading: John Gylle states that on 24 January 1457 Andrew James made a bond with him in London in £24, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: AJ states that JG ought not have his action, as long after the making of this bond, in Southampton, by a certain document which he shows in court, sealed with the seal of JG, JG acknowledged receipt on 20 May 1457 of four sacks of wool from Berkshire, worth £6 per sack, in full payment of this bond. He states that the bond presented by JG and the bond mentioned in this acquittance are one and the same. [Text of acquittance recited in full, in English.]

Pleading: JG states that this acquittance is not of his making. Parties on country, sheriff of Southampton to have jury of Southampton here at octave of Trinity. Document to remain in custody of [omitted], king's clerk.

Postea text: 6 posteas, sheriff did not send writ, to octave of Hilary 1464.

Court of Common Pleas, CP 40/804, rot. 122

Term: Easter 1462
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Traas states that on 19 November 1453, in London, Patrick Heysaunt bought from him six dozen laces ('laquearum'), 24 ells of linen cloth called 'nepervell', 41 ells of linen cloth called 'streyt buske', 45¼ ells of linen cloth called 'brode buske', and 39 ells of linen cloth called 'braban', all for 63s, payable on request. However, he PH has not paid him, to his damage of 100s.

Pleading: PH states that he does not owe this or any money to WT as claimed. Makes his law immediately. WT to take nothing, amerced for false claim. PH sent without day.

Court of Common Pleas, CP 40/804, rot. 136d

Term: Easter 1462
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Abduction; Usurpation / abuse of rights

Pleading: William Traas was attached to answer Thomas Colt on a plea that he, with others, took and carried away Robert, son of John Traas, who was under age and whose marriage pertains to TC. Thomas Colt states that John Traas lately held the manors of 'Maleyns' and 'Frenhall' (French Hall), 300 acres of land and 20 acres of meadow in Moulton of Richard, former duke of York, as of his honour of 'Stanburn' by homage and fealty, scutage of 20s, etc. JT died, leaving RT a minor under 21 years of age, and the marriage of RT pertained to the duke. The duke, in possession of the custody of the heir, by a certain sealed document which TC shows in court, dated in the duke's castle at Ludlow on 8 January 1459, for a certain sum of money, granted the custody and marriage of RT to TC, and custody and marriage of the heirs of RT, should he die underage and leaving underage heirs, and so on. By virtue of this he was peacefully and fully possessed of this custody from 20 January 1459 until 3 March 1460, when William Traas, together with Roger Philipot, William Lee and Robert Traas, took and abducted the aforesaid heir in London, in the parish of St Botolph without Aldersgate, against the will of TC, against the peace and to his damage of £100.

Pleading: WT denies responsibility for the abduction of the heir as claimed. Parties on country, jury of St Botolph without Aldersgate, Aldersgate ward, here at Easter five weeks. Pledges named.

Postea text: Sheriff did not send writ, to quindene of Trinity 1462.

Case notes: For related case see CP 40/805, rot 347.

Court of Common Pleas, CP 40/804, rot. 139

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Peter Harryson states that on 18 October 1455 William Ryther made a bond with him in London in £95 10s 6d, payable at Easter then next, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: WR states that there are two places called Ryther in Yorkshire, namely Ryther upon Wharfe and Ryther by Harewood, but no place just called Ryther, as the writ supposes. He seeks judgment on the writ.

Pleading: PH states that his suit should continue, as there is such a place in Yorkshire as Ryther without any qualifier, as the writ supposes. Enquiry by country, sheriff of Yorkshire to have jury here at octave of Trinity.

Postea text: Sheriff did not send writ, to quindene of Michaelmas 1462. Know that the writ of venire facias was delivered here on 5 July 1462 to Thomas Beaumont, deputy of the sheriff of Yorkshire for execution.

Case notes: Continuation, on a new writ and with increased damages, of case from Hilary 1461 (CP 40/800 rot 187d).

Court of Common Pleas, CP 40/804, rot. 146d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas Hayton, son of John Hayton, states that on 14 April 1420 Hamo Sutton, former citizen and merchant of Lincoln, made two bonds with his father John Hayton, in London, each in £20, payable at St Peter ad Vincula and Michaelmas then next, obliging himself and his heirs to the payment of these sums. However, neither HS during his life, of HS his son and heir after his death, have paid this total of £40, either to JH or to his son and heir TH, to his damage of £20. He shows the bond in court, and the testamentary letters of JH, which show that TH is his executor and has administration.

Pleading: HS states that he ought not owe this debt of his father, as he never had any inheritance in fee simple from his father, and did not on the day of TH's original writ or afterwards.

Pleading: TH states that on the day of his original writ, namely 16 September 1461, HS had sufficient lands and tenements of the inheritance of his father in fee simple from which he could satisfy this debt, namely at Wickenby and elsewhere in Lincolnshire. Enquiry by country, sheriff of Lincolnshire to have jury here at octave of Trinity.

Court of Common Pleas, CP 40/804, rot. 202d

Term: Easter 1462
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John Curteys states that on 19 February 1459, in London, Edward Wyndesore bought from him two barrels of white herrings, two casks ('cados') of red herrings, twenty salt fish and six stockfish for 42s 4d, payable on request. However, he has not paid, to his damage of 100s.

Pleading: EW granted licence to imparl to octave of Trinity, with assent of JC.

Pleading: [continued on CP 40/805, rot 202d] EW states that he does not owe this or any money to JC as claimed. Order that he wager his law at quindene of Michaelmas, pledges for law named. Attorney to have him here.

Case notes: Continued on CP 40/805, rot 203d.

Court of Common Pleas, CP 40/804, rot. 305d

Term: Easter 1462
County: Kent
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Real action / rents / damage to real estate

Pleading: William Horwode states that on 21 June 1458 Thomas Sawyer made a bond with him in Maidstone in £14, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: TS states that he ought not owe this debt according to this bond, as he had formerly bought from WH two messuages with appurtenances in Maidstone for £14, payable on the following condition, namely that if TS should pay WH 40s at the feast of St Bartholomew each year until the £14 debt be paid, then the bond shall be cancelled. He states that at the time of the making of the bond he was a lay man and of little learning, and that the bond was read to him in English as containing this condition, and he sealed it, believing that it contained this condition when it did not. He therefore states that this bond, not containing this condition, is not of his making. Parties on country, jury here at octave of Trinity. Bond to remain in custody of John Fogge.

Postea text: Sheriff did not send writ, to quindene of St John the Baptist 1462.

Court of Common Pleas, CP 40/804, rot. 307

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 6s 8d
Case type: Bond

Pleading: Thomas Gay states that on 8 December 1451 Robert Goolde, now deceased, made a bond with him in London in 41s 7d. However, RG has not paid, and nor has his executor Idonia, either before or after her marriage to Philip Morgan, to his damage of 100s. He shows the bond in court.

Pleading: PM and IM granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1462, rot 302d] PM and IM admit the action, and that the bond was made of RG the testator, and that they owe the said 41s 7d as claimed. Order that TG recover debt, and damages of 6s 8d. PM and IM amerced. [This pleading is repeated on rot 342d, but specifies that the debt and damages should first be paid from the goods and chattels of RG still in the hands of PM and IM, and then from their own goods if that proves insufficient.]

Case notes: Continued on CP 40/805, rot 302d and rot 342d.

Court of Common Pleas, CP 40/804, rot. 308

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Henry Sylver states that on 8 July 1460 John Bowre made a bond with him in London in £13 7s 4d, payable at St Bartholomew next, but he has not paid, to his damage of £10. He shows the bond in court.

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

Court of Common Pleas, CP 40/804, rot. 311

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: William Beyford states that on 18 August 1461 Thomas, abbot of St Mary Graces took three horses of his in a place called 'Bradymede' in Braughing, and unjustly detained them, contrary to his pledge, to his damage of £20.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311d, 312, 312d, 317 and 317d.

Court of Common Pleas, CP 40/804, rot. 311

Term: Easter 1462
County: London
Writ type: Debt (loan); Debt (other)
Damages claimed: 40s
Case type: Loan; Real action / rents / damage to real estate

Pleading: Thomas Warham states that on 12 March 1461, at Croydon, he demised to John Johnson a messuage with garden and appurtenances in Croydon, to hold from the feast of the Annunciation then next (25 March 1461) for one year, at a rent of 33s 4d, payable at the four terms. By virtue of this, JJ held this property for this year, and hence owes the said 33s 4d. Also, on the same day, JJ borrowed a further 6s 8d from him, payable on request, but he has not paid either debt, to a total of 40s, and to his damage of 40s.

Pleading: JJ granted licence to imparl to octave of Trinity. Pledges named for defendant.

Case notes: Headed London, Middlesex and Surrey.

Court of Common Pleas, CP 40/804, rot. 311d

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: John Brown states that on 18 August 1461 Thomas, abbot of St Mary Graces took eleven sheep of his in a place called 'Sybdell feld' in Braughing, and unjustly detained them, contrary to his pledge, to his damage of £20.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311, 312, 312d, 317 and 317d.

Court of Common Pleas, CP 40/804, rot. 312

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: Robert Sybarn states that on 18 August 1461 Thomas, abbot of St Mary Graces took four horses of his in a place called 'Bradymede' in Braughing and unjustly detained them, contrary to his pledge, to his damage of £20.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311, 311d, 312d, 317 and 317d.

Court of Common Pleas, CP 40/804, rot. 312d

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: Robert Sybarn states that on 18 August 1461 Thomas, abbot of St Mary Graces took five horses of his in a place called 'Gorys croft' in Braughing and unjustly detained them, contrary to his pledge, to his damage of £20.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311, 311d, 312, 317 and 317d.

Court of Common Pleas, CP 40/804, rot. 313d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Ponyng states that on 28 September 1458 John Gilder made a bond with him in London in £8 3s 4d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JG granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/804, rot. 317

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: Robert Chyrchesey states that on 18 August 1461 Thomas, abbot of St Mary Graces took nine cows of his in a place called 'Byrdys feld' in Braughing and unjustly detained them, contrary to his pledge, to his damage of £20.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311, 311d, 312, 312d and 317d.

Court of Common Pleas, CP 40/804, rot. 317d

Term: Easter 1462
County: Hertfordshire
Writ type: Detinue
Damages claimed: 40m
Case type: Detention of goods

Pleading: John Holden states that on 18 August 1461 Thomas, abbot of St Mary Graces took 64 sheep and three horses of his in a place called 'Sybdell' in Braughing and unjustly detained them, contrary to his pledge, to his damage of 40m.

Pleading: Abbot Thomas granted licence to imparl to octave of Trinity.

Postea text: 27 further licences to imparl, and one adjournment, to octave of Trinity 1469.

Case notes: Also see related cases on rots 311, 311d, 312, 312d and 317.

Court of Common Pleas, CP 40/804, rot. 320

Term: Easter 1462
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Real action / rents / damage to real estate; Trespass (chattels)

Pleading: Thomas Walden, prior of Hertford, amerced for many defaults. Thomas Goly states that on 10 March 1461Thomas Walden, prior of Hertford, Thomas Sewale and John Sadeler, together with Richard Byrcheley and John Warde, broke his close in Hertford and destroyed his grass worth 40s and ploughed one acre of his land, as a result of which he lost the profits of his land from that said 10 March until the date of his original writ, namely 8 September 1461. This was against the peace, and to is damage of £20.

Pleading: TW, TS and JS granted licence to imparl to octave of Trinity.

Pleading: [Followed by mesne process against RC and JW, who did not come. Sheriff to take, not found, Sicut alias to Easter five weeks. On that day, did not come, not found, sicut pluries to octave of Trinity 1462.

Postea text: 2 further licences to imparl, to octave of Hilary 1463.

Court of Common Pleas, CP 40/804, rot. 326d

Term: Easter 1462
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 26s 8d
Case type: Loan; Sale of goods

Pleading: John Curteys states that on 10 February 1459, in London, John Vewter senior bought from him 400 stockfish called 'scraes' for £5, payable on request, and borrowed a further £15 from him, also payable on request. However, JV has not paid this sum of £20, to his damage of 100s.

Pleading: JV granted licence to imparl to morrow of St John the Baptist.

Postea text: Parties come by attorney, JC seeks a response from JV, but his attorney says that he has not been informed of any plea by his master. Order that JC recover debt, and damages at 26s 8d. JV amerced.

Case notes: Identical suit on rot 332d against JV junior.

Court of Common Pleas, CP 40/804, rot. 327d

Term: Easter 1462
County: Lincolnshire
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Nele states that on 10 February 1456 William Sirman made a bond with him in Boston in £9 19s, payable at the nativity of St John the Baptist then next, and also another bond in £13 19s, payable at Christmas then next. Of this total of £23 18s, JN acknowledges satisfaction of £4, but WS has not paid the remaining £19 18s, to his damage of £10. HE shows the bonds in court.

Pleading: WS states that he ought not owe these debts by virtue of these bonds, since he states that he made these bonds, sealed them and delivered them to a certain Robert Walker, to be endorsed with certain conditions, namely on the first that if WS were to pay a certain William Cawod £9 at Christmas and Michaelmas then next, then the bond shall be cancelled, and on the second that if WS were to pay William Cawod £6 at Christmas 1456 and £6 at the Nativity of St John the Baptist following, then the bond shall be cancelled. They were then to be delivered to JN. However, the bonds were delivered to JN as being made by WS, but without these endorsements being added, so WS states that these bonds are not of his making. Parties on country, jury here at octave of Trinity. Bonds to remain in custody of John Fogge.

Postea text: Bonds delivered to Robert Danby, justice of assize in Lincolnshire. JF quit.

Court of Common Pleas, CP 40/804, rot. 332

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Dyve and William Staverton state that on 29 November 1458 William Assheby made a bond with them in London in £10, payable at Christmas then next, but has not paid, to their damage of 10m. They show the bond in court.

Pleading: WA granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/804, rot. 332d

Term: Easter 1462
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: John Curteys states that on 10 February 1459, in London, John Vewter junior bought from him 400 stockfish called 'scraes' for £5, payable on request, and borrowed a further £15 from him, also payable on request. However, JV has not paid this sum of £20, to his damage of 100s.

Pleading: JV granted licence to imparl to morrow of St John the Baptist.

Postea text: 2 further licences to imparl, to octave of Hilary 1463

Case notes: Identical suit on rot 326d against JV senior.

Court of Common Pleas, CP 40/804, rot. 338d

Term: Easter 1462
County: London
Writ type: Debt (account); Debt (loan)
Damages claimed: £40
Case type: Loan; Reckoning of account

Pleading: Thomas Pitelesden states that on 10 April 1442 John Sevenok, former prior of Holy Trinity, Aldgate, London, predecessor of Thomas Pomerey, the defendant, borrowed £10 9s 3d from him, payable on request, and also on 12 July 1442 he borrowed a further £6 6s 8d, and on 4 August 1442 he borrowed a further £13, on 20 August he borrowed a further £10, and on 10 September 1442 he borrowed a further 100s, to a total of £44 16s 11d, all to the use and profit of the house, for use in buying provisions, payment of debts, and other necessities of the house. Then, on 10 April 1443, by a certain schedule of which Pitelesden shows the part sealed by the former prior in court, Pitelesden and the former prior accounted for all sums delivered to the prior's servant, John Rous, and the prior recognised that he was indebted to Pitelesden in this sum of £44 15s 11d, and obliged himself and his successors in this debt. The former prior then left and the present prior was elected, but neither the present or the previous prior have paid this debt, to his damage of £40.

Pleading: Thomas Pomerey, present prior of Holy Trinity, Aldgate, states that Pitelesden ought not have his action since, protesting that this schedule was not of the making of the former prior, he states that none of these sums of money came to the use of the priory, as Pitelesden as claimed. Parties on country, jury here at octave of Trinity.

Postea text: 2 posteas, sheriff did not send writ, to morrow of All Souls.

Postea text: Process continued, jury in respite to octave of Michaelmas 1463. On this day, Pitelesden says he does not wish to prosecute his writ further, so the prior is sent without day.

Case notes: For an earlier suit see CP 40/751, rot 433. However, although the sum claimed is the same, the individual debts are slightly different, and the loans were made in a different parish.

Court of Common Pleas, CP 40/804, rot. 339d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Ives, prior of Sheen, states that on 27 August 1459 Stephen Levendale made a bond with him in 100m, payable at Michaelmas then next, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: SL granted licence to imparl to octave of Trinity.

Postea text: Further licence to imparl, to quindene of Michaelmas 1462.

Court of Common Pleas, CP 40/804, rot. 350

Term: Easter 1462
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods

Pleading: Robert Smyth states that on 17 January 1462, in London, he delivered to Edward Yong three bonds and a sealed chest containing various documents for safe-keeping. Of these bonds, the first recorded that RS was bound to a certain Richard Russell in £40, in the second that he was bound to the same RR in another £40, and the third that he was bound to the same RR in 4m 3s 4d. These were to be returned on request, but EY has refused to return them, to his damage of £100.

Pleading: EY granted licence to imparl to octave of Trinity, with assent of RS. Pledges named for defendant.

Pleading: [continued at Trinity 1462, rot 316] Concerning the chest and muniments, EY states that he does not detain these from RS, as RS has claimed. He makes his law immediately. RS to take nothing, amerced for false claim. Concerning the three bonds, EY presents the bonds in court, to be delivered as the court orders, saying that the bonds were delivered to him on that day by both RS and RR, under certain conditions, to be returned to one or both of them under those conditions; however, he does not know whether these conditions have been implemented on the part of RR, and asks that he be forewarned. Order to the sheriff to warn RR to be here at the octave of Michaelmas, to show reason why the bonds should not be delivered to RS.

Postea text: [on CP 40/805, rot 316] 7 posteas, sheriff did not send writ, to octave of Trinity 1464.

Case notes: Continued on CP 40/805, rot 316.

Court of Common Pleas, CP 40/804, rot. 350d

Term: Easter 1462
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Richard Hull states that on 11 July 1457, in London, John Sprotte bought from him one piece of linen cloth called busk containing 44 ells and one piece of linen cloth called Brabant cloth containing 51 ells for 40s, payable on request, but has not paid to his damage of £10.

Pleading: JS granted licence to imparl to octave of Trinity.

Pleading: [continued at Hilary 1463, rot 318d] John Sprotte states that he does not owe RH this or any money as claimed. Parties on country, jury here at quindene of Easter.

Postea text: 2 further licences to imparl, to octave of Hilary 1463.

Postea text: [on CP 40/807, rot 318d] 2 posteas, sheriff did not send writ, to octave of Trinity 1463.

Case notes: Continued on CP 40/807, rot 318d.

Court of Common Pleas, CP 40/804, rot. 352d

Term: Easter 1462
County: London
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Sale of goods

Pleading: John Baker states that on 13 February 1460, in London, Thomas Waryn bought from him four pieces of linen cloth called 'rawe cloth', one piece of linen cloth called 'brabant', half a piece of black fustian 'de holmes', one piece of lawne, one timber of 'grey' and two ells of 'guttynges', all for £7 2s 10d, payable at St Bartholomew then next, but he has not paid, to his damage of 5m.

Pleading: TW granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/804, rot. 357d

Term: Easter 1462
County: Sussex
Writ type: Debt (other)
Damages claimed: 40s
Case type: Contract (service/employment)

Pleading: Humphrey Heuster states that at Michaelmas 1456, in Chichester, Walter Brygger retained him to act as his attorney and defend him in a case of trespass brought against him by the abbot Tewkesbury, retaining him at 6s 8d per year for his fee, and paying his reasonable costs and expenses beyond that as appropriate. He served as attorney in this case for four years, for which he is entitled to 26s 8d for his fees, as well as other expenses, to an overall total of 40s. However, WB has not paid this, to his damage of 40s.

Pleading: WB granted licence to imparl to quindene of Trinity.

Court of Common Pleas, CP 40/804, rot. 358d

Term: Easter 1462
County: Kent
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Marowe states that on 5 July 1457, in Maidstone, John Wolke bought from him eight hundreds of Spanish iron for 40s, payable on request, but he has not paid, to his damage of 40s.

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

Court of Common Pleas, CP 40/804, rot. 364

Term: Easter 1462
County: Essex
Writ type: Disseisin
Damages claimed: -
Case type: Dower; Real action / rents / damage to real estate

Pleading: William Rotheley and his wife Anna, former wife of Richard Serle alias Spenser, seek against William Cokswete a third part of a messuage, 60 acres of land, 20 acres of meadow, 10 acres of pasture and 10 acres of wood with appurtenances in Great Radwinter and Little Radwinter as the dower of Anna from Richard Serle.

Pleading: WC states that they ought not have dower of this property, as RS was never seised of this property on the day of their marriage or afterwards in any estate such that Anna should be entitled to dower. Parties on country, jury here at octave of Trinity.

Court of Common Pleas, CP 40/804, rot. 364d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Costs: 26s 8d
Case type: Bond

Pleading: Antonio Lecanelum of Genoa states that on 8 February 1457 Thomas Tregodek made a bond with him in London in £6 2s 8d, payable on 12 June then next, but he has not paid, to his damage of 10m. He shows the bond in court.

Pleading: TT granted licence to imparl to the morrow of St John the Baptist.

Pleading: [continued at Trinity 1462, rot 313] TT asks to hear the bond and endorsement, and these are read to him. The condition of the bond is such that if TT should pay to AL this £6 2s 8d in the following form, namely 40s on 12 June next, 40s on 12 December next, and 42s 8d on 12 June then next, then the bond shall be cancelled, but if he defaults, then the bond shall remain in force. He then states that AL ought not have his action as he paid all these sums of money on the specified days, in accordance with the condition, in the parish of St Andrew Holborn in London.

Pleading: AL, protesting that TT did not pay any money on the dates specified, states that TT did not pay the 40s due on 12 June 1457, as specified in the endorsement.

Pleading: TT states that he did pay this 40s due on 12 June 1457, in St Andrew Holborn in London, according to the terms of the condition. Parties on country, jury of St Andrew Holborn here at octave of Michaelmas.

Postea text: [on CP 40/805, rot 313] Process continued, jury in respite to morrow of Ascension 1463, nisi prius they come before Robert Danby, CJCP, or Nicholas Ayssheton, JCP, at St Martin le Grand on 16 May 1463. On this day, AL came by attorney, NA sent record that on that day, before him and Robert Clay, justices, parties came by attorney, jury said that TT did not pay AL the 40s due on 12 June 1457.Damages assigned at 20s, costs at 26s 8d. Order that AL recover debt, and damages as assessed. TT amerced.

Postea text: Al acknowledges satisfaction of debt and damages. TT quit.

Case notes: Continued on CP 40/805, rot 313.

Court of Common Pleas, CP 40/804, rot. 367

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 20s
Case type: Bond

Pleading: William Taylloure states that on 1 June 1457 John Bette made two bonds with him in London, each in £12 4s 4d, payable at the feasts of St Thomas the Apostle 1458 and St John the Baptist 1459. WT acknowledges satisfaction and payment of £4 8s 8d of this sum, but he has not been paid the remaining £20, to his damage of £10. He shows the bonds in court.

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

Postea text: Further licence to imparl, to octave of Michaelmas.

Postea text: WT came, JB did not come, in default. Order that WT recover debt of £20, and damages of 20s. JB amerced.

Court of Common Pleas, CP 40/804, rot. 367d

Term: Easter 1462
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: William Tailloure states that on 15 July 1457 John Trevette made a bond with him in £39 12s 3d, payable on 10 July then next. He acknowledges satisfaction and payment of £19 18s 11d of this sum, but JT has not paid the remaining £19 13s 4d, to his damage of £10. He shows the bond in court.

Pleading: JT states that in Devon there are two places called Honiton, namely Honiton Courtenay and Honiton Clyst (Clyst Honiton), but there is no place just named Honiton without any qualifier. He therefore seeks judgment on the writ.

Pleading: WT denies this, stating that there is a place in Devon just named Honiton, as the writ supposes. Enquiry by country, sheriff of Devon to have jury of the body of the county here at the octave of St John the Baptist.

Postea text: 5 posteas, sheriff did not send writ, to octave of Michaelmas 1463.