CP40/810: Michaelmas term 1463

Court of Common Pleas, CP 40/810, rot. 030

Term: Michaelmas 1463
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: William Atkynson states that on 10 December 1462, in London, he delivered to John Thornekyn for safe-keeping two documents, one of which recorded that William Hyot was bound to WA, as WA rector of Coberley, in £100, and the other recording that WA was bound to WH in £100. These were to be returned to WA on request, but JT has refused to return them, to his damage of £20.

Pleading: JT, offering the documents in court to be delivered as the court orders, states that the documents were delivered to him by both WA and WH under certain conditions, to be returned to either or both of them under those conditions. However, he is unaware whether these conditions have been fulfilled on the part of WH, and seeks that WH be forewarned. This is granted. Order that the sheriff warn WH to be here at Michaelmas one month to show any reason why the documents should not be delivered to WA.

Postea text: Parties come, sheriff sends that WH has nothing in his bailiwick, and is not found. It is shown in court that WH has sufficient in Essex, so order to the sheriff of Essex to make it known to WH to be here at the octave of Hilary 1464.

Postea text: Parties come, sheriff of Essex did not send writ, sicut prius to octave of the Purification 1464.

Case notes: See also CP 40/812, rot 325.

Court of Common Pleas, CP 40/810, rot. 030d

Term: Michaelmas 1463
County: London
Writ type: Debt (loan)
Damages claimed: 5m
Case type: Loan

Pleading: Hugh Wethyr states that on 20 January 1461, in London, William Byrde borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 5m.

Pleading: WB states that he does not owe HW this 40s or any money as claimed. Parties on country, jury here at [omitted]. Pledges named for defendant.

Court of Common Pleas, CP 40/810, rot. 102

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Warendrop, merchant of Germany, states that on 11 February 1462 Thomas Prese made a bond with him in London in £13 2s 8d, but has not paid, to his damage of £10. He shows the bond in court.

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

Pleading: [continued at Hilary 1464, rot 111] TP states that this bond is not of his making. Parties on country, jury here at quindene of Easter.

Postea text: 2 posteas (sheriff did not send writ) and one adjournment, to morrow of All Souls 1464.

Case notes: Continued on CP 40/811, rot 111.

Court of Common Pleas, CP 40/810, rot. 103d

Term: Michaelmas 1463
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking

Pleading: Stephen Baret and his wife Petronilla state that on 14 June 1463 Robert Wryboll forcibly broke their closes in Alkam and Swynfeld, against the peace and to their damage of £20.

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

Postea text: 4 further licences to imparl, and one adjournment, to quindene of Easter 1465.

Court of Common Pleas, CP 40/810, rot. 105

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 6s 8d
Costs: 26s 8d
Case type: Bond; Contract (general); Imprisonment

Pleading: John Arnold amerced for many defaults. John Warendrop, merchant of Germany, states that on 11 February 1462 [given as 20 February in later pleading] John Arnold made a bond with him in London in £13 2s 8d, but has not paid, to his damage of £10. He shows the bond in court.

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

Pleading: [continued at Easter 1464, rot 353] JA states that he ought not owe this debt, as before the making of this bond a certain Oliver Caston was arrested in the city of London regarding a certain debt suit concerning a demand for £13 made against him by JW, and he was convicted before Hugh Wyche, then mayor of London, on this debt and was committed to the king's prison in the Bread Street compter for the execution of the debt. Then JA, through the mediation of a certain Thomas Praers, made and sealed this bond with JW, and delivered it to TP for safe-keeping, under the condition that should OC be delivered from the prison on the following day, and make sufficient surety with him, the TP should deliver the bond to JW as having been made by JA, and not otherwise. However, he states that OC was not delivered from prison on that day, and did not make sufficient surety with JA according to the condition, but notwithstanding this TP delivered the bond to JW, against the terms of the condition. JA therefore states that this bond is not of his making. Parties on country, jury here at octave of Trinity. Bond to remain in custody of John Fogge.

Postea text: Further licence to imparl, to quindene of Easter 1464.

Postea text: [on CP 40/812, rot 353] One adjournment, to quindene of Michaelmas 1464; sheriff did not send writ, to morrow of All Souls 1464.

Postea text: Process continued, jury in respite to octave of the Purification 1465, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 6 February 1465. On this day, JW came by attorney, justice sends record that on that day, before RD and Thomas Danby, parties came, jury said that JA made this bond as claimed by JW. Damages assigned to JW at 6s 8d, costs at 13s 4d. Order that JW recover debt and damages, and a further 13s 4d assigned by the justices, to a total of 33s 4d, JA amerced.

Case notes: Continued on CP 40/812, rot 353]

Court of Common Pleas, CP 40/810, rot. 120

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Kebyll states that on 10 December 1443, at Hackney, Robert Oterton made two bonds with him, each in 51s 8d, payable at the Nativity of St John the Baptist and Michaelmas then next. Of this sum of £5 3s 4d, JK acknowledges payment of 23s 4d, but states that RO has not paid the remaining £4, to his damage of 40s. He shows the bonds in court.

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

Court of Common Pleas, CP 40/810, rot. 123

Term: Michaelmas 1463
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: William Langton, brother and executor of William Gray, states that on 5 July 1462, at Newcastle upon Tyne, WG delivered to Henry Johnson for safe-keeping certain chattels, namely 32 barrels of salted salmon called 'hamerbarels' worth £40, and two documents, one of which recorded that Robert Layer was bound to WG in 66s 8d, and the other that RL was bound to WG in another 55s. These were to be returned on request, but HJ has refused to return them, either to WG during his lifetime or to WL as his executor after his death, to his damage of £100. He shows in court the testamentary letters of WG, by which he is executor and has administration.

Pleading: HJ, protesting that WG made HJ executor of his will alongside WL and not WL alone, as WL has claimed, states that he does not detain these goods or any part of them from WL as claimed. Order that he wager his law at the morrow of All Souls next. Pledges for law named.

Postea text: On this day, HJ came, WL did not prosecute his writ. He and pledges amerced. Find names of pledges.

Case notes: See also related case on CP 40/809, rot 139.

Court of Common Pleas, CP 40/810, rot. 135

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: William Rosmodros and William Crody, administrators of the goods formerly of Richard Crody, now deceased, state that on 7 January 1445 Richard Balteswell made a bond with RC at Westminster in £40, payable on 12 February then next. However, RB has not paid this, either to RC during his lifetime, or to WR and WC, to whom administration of the goods formerly of RC was granted by Henry Sharpe, commissary general of Thomas, bishop of London, in the city of London and the deaneries of Middlesex and Barking, in the parish of St Sepulchre in Farringdon ward without. This is to their damage of £10. They show the bond in court, and the letters of the commissary general, by which they have administration.

Pleading: RB states that the administrators ought not have their action, as after the making of the bond, by a document which he shows in court, dated 10 September 1446, RC, as RC, rector of St Nicholas Cole Abbey in London, released and quitclaimed to RB, as RB of London, all personal actions, suits etc outstanding between them.

Pleading: The administrators state that this release is not of RC's making. Enquiry by country. RB states that the release was made at Salisbury, so sheriff of Wiltshire to have jury of Salisbury here at quindene of Hilary. Release to remain in custody of John Fogge.

Postea text: 16 posteas (sheriff did not send writ) and one further adjournment, to quindene of Michaelmas 1468.

Court of Common Pleas, CP 40/810, rot. 138d

Term: Michaelmas 1463
County: Oxfordshire
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: John Crucchefeld states that on 7 September 1460 Richard Styherst forcibly broke his close and house at Whitchurch, cut down 100 oak trees and 200 ash trees growing there, and carried off these and other goods and chattels, namely 40 quarters of wheat, 30 quarters of barley, and 10 quarters of beans and peas, to a total value of £30. This was against the peace, and to his damage of 100m.

Pleading: RS granted licence to imparl to quindene of Hilary. RS appoints John Colyns in his place, with the assent of the plaintiff.

Pleading: [continued at Hilary 1464, rot 269] RS denies force and arms and acting against the peace; parties on country. Concerning the rest, RS states that JC ought not maintain his action, as, protesting that the trees and other goods were not of such great value as claimed by the plaintiff, he states that, concerning the breaking of the close and the cutting and taking away of the trees the close and the place where the trees were growing were his soil and free tenement, and he entered his own close as was proper and cut down his own trees. Concerning the breaking of the house and the taking of the goods, he states that before the alleged trespass he was seised of the manor of Hardwick with appurtenances in the vill of Whitchurch, of which this house was a part, in his demesne as of free tenement, until JC unjustly disseised him, by which disseisin JC was seised of 40 acres of land in Whitchurch, where these wheat, barley, beans and peas were growing, and before the alleged trespass RS re-entered possession, was seised in free tenement, cut these crops and put them in a granary in a grange of his manor in Whitchurch. Afterwards, JC re-entered into possession of the manor, removed RS, and threshed these crops. Later RS, at the time of the alleged trespass, took and carried the grain away, as seemed right.

Pleading: JC states that he ought not be precluded from his action, since concerning the breaking of the close and taking of the wood, he states that at the time of the trespass the close and place where the trees were growing were 4 acres of wood, of which two acres were called 'Halgrove' and the other two called 'Bechegrove' and 'Berdesgrove', parcels of the manor of Hardwick. A certain John Hardewyk was formerly seised of this manor in his demesne as of fee, and had issue Richard, to whom it passed on JH's death. RH, thus seised, then enfeoffed a certain William Herward and Robert Beche and their heirs in perpetuity, who were then seised in their demesne as of fee, and they then demised it to a certain Alice Walssh for life, with remainder to Alice Cruchefeld and her heirs in perpetuity. AW was seised in her demesne as of free tenement, and after she died, AC entered and was seised in her demesne as of fee, by virtue of the remainder. She then enfeoffed JC the plaintiff and his heirs in perpetuity, by which JC was seised in his demesne as of fee until RS disseised him, after which he expelled RS. The trespass for which he is complaining occurred between his expulsion from the manor by RS and his later removal of RS. He seeks judgment on this. And concerning the breaking of the house and the taking of the goods, JC states that JH was seised of the manor of Hardwick, of which this house and 40 acres of land was a parcel, which passed to RA, etc, (as above), and JC was thus seised of this property in his demesne as of fee at the time of the trespass, and did not disseise RS as RS has claimed. He seeks judgment.

Pleading: RS, not acknowledging anything said by JC, repeats that, concerning the breaking of the house and taking of the goods, JC disseised him of this manor as he claimed. Parties on country. And regarding the breaking of the close and cutting of the trees, he states that the close and the place where the trees were growing were his soil and free tenement, as claimed, and not that he disseised JC. He seeks judgment.

Pleading: JC states that RS disseised him of the manor with appurtenances, as he has alleged. Enquiry by country, jury here at quindene of Easter.

Postea text: 2 posteas, sheriff did not send writ, to octave of Trinity 1464.

Case notes: Continued on CP 40/811, rot 269.

Court of Common Pleas, CP 40/810, rot. 142d

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (other)
Damages claimed: 10m
Case type: Debt

Pleading: Thomas Eston states that on 4 February 1461, in the court of Henry VI before John Prysot and his fellows, then justices of the Bench, James Gerard acknowledged that he owed TE £6 18s, payable at Easter then next. However, JG has not paid this, to his damage of 10m.

Pleading: JG granted licence to imparl. Afterwards, on 23 November this term, TE came into court and acknowledged satisfaction of this debt. JG quit.

Court of Common Pleas, CP 40/810, rot. 143d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 30s
Case type: Bond

Pleading: Robert Sympson states that on 9 November 1459 Edward Hungerford made a bond with him in London in £20 13s, which he shows in court, sealed with EH's seal. This was payable at the feast of the Purification then next, and EH has satisfied RS of £10 of this, but has not paid the remaining £10 13s, to his damage of 10m.

Pleading: EH granted licence to imparl to octave of Hilary, with assent of RS.

Postea text: 2 further licences to imparl, and one adjournment, to quindene of Michaelmas 1464.

Postea text: Parties come by attorney. Attorney of EH asked to respond, but he replies that he is not informed of any response by his master. EH is therefore without any response to RS's action. Order that RS recover the debt from EH, and damages of 30s. EH amerced.

Court of Common Pleas, CP 40/810, rot. 149d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Thomas Gilmyn, attorney of the Bench, by the privileges enjoyed by the officials of that court, states that on 19 November 1451, in London, William Flete made a bond with him and a certain John Toweslond of Huntingdon senior, now deceased, in £20, payable at the feast of St Andrew then next. However, he has not paid, either before or after the death of JT, to his damage of 40m. He shows the bond in court.

Pleading: WF states that TG ought not have his action, as on 28 November 1451, in St Botolph without Bishopsgate, by a sealed document which he shows in court, JT, during his lifetime, released and quitclaimed to WF all real and personal actions and demands outstanding between them.

Pleading: TG states that JT did not release and quitclaim these actions to WF by that release, as WF has claimed. Enquiry by country, sheriff to have jury of St Botolph without Bishopsgate here at octave of Hilary. Pledges named. Release to remain in custody of John Fogge.

Court of Common Pleas, CP 40/810, rot. 150d

Term: Michaelmas 1463
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Thomas Gylmyn, citing the privileges of the officials of the officers of the Bench, states that on the eve of St Bartholomew 1463, in London, John Thorp borrowed 5m from him, payable on request, but he has not re-paid this, to his damage of 100s.

Pleading: JT granted licence to imparl to octave of Hilary, with assent of TG. Pledges named.

Court of Common Pleas, CP 40/810, rot. 153d

Term: Michaelmas 1463
County: Kent
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: John Fauconer states that on 20 June 1459 John Welles made a bond with him at Westerham in 113s 4d, payable at Easter then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JW granted licence to imparl to octave of Hilary, with assent of JF.

Pleading: [continued at Hilary 1464, rot 141] JW states that he ought not owe this debt, as at the time of the making of this bond he was imprisoned by JF and his associates at Westerham, and forced to make the bond under duress.

Pleading: JF denies this, stating that JW was not imprisoned, and made the bond freely and not under duress of imprisonment. Enquiry by country, jury here at quindene of Easter.

Case notes: Continued on CP 40/811, rot 141. 4d missing from initial charge, but included in rest of pleading, and in continuation.

Court of Common Pleas, CP 40/810, rot. 154d

Term: Michaelmas 1463
County: London
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: 20m
Case type: Contract (general); Sale of goods

Pleading: Thomas Mollesley states that on 12 June 1452, in the parish of St Sepulchre in London, John Sutton agreed to place 41 horses with TM in his pasture at Rotherhithe, being pastured from that day for 8 weeks, at 6d per horse per week, for which he owed TM a total of £8 4s. Also, between 10 June 1451 and the feast of St Andrew then next, JS bought from TM beef, mutton and veal for the sustenance of his household for which he owes £3 7s. However, JS has not paid this sum of £11 15s (sic), to his damage of 20m.

Pleading: JS granted licence to imparl to octave of Hilary, with assent of TM.

Pleading: [continued at Hilary 1464, rot 150] JS states that he does not owe TM this £11 15s or any money as claimed. Parties on country, sheriff of London to have jury here at octave of the Purification.

Postea text: [on CP 40/811, rot 150] Sheriff did not send writ, to quindene of Easter 1464.

Case notes: Continued on CP 40/811, rot 150. The two sums detailed do not add up to the amount claimed.

Court of Common Pleas, CP 40/810, rot. 158

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas Wenslowe states that on 23 February 1457 Thomas Echyngham made a bond with him in London in £400 8s 2d, payable at Easter 1459. Of this, TW states that TE has satisfied him of £310 8s 2d, but has not paid the remaining £90, to his damage of £40. He shows the bond in court.

Pleading: [No counter plea]

Court of Common Pleas, CP 40/810, rot. 159

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas Wenslowe states that on 23 February 1457 John Lewekenore made a bond with him in London in £400 8s 2d, payable at Easter 1459. Of this, TW states that JL has satisfied him of £310 8s 2d, but has not paid the remaining £90, to his damage of £40. He shows the bond in court.

Pleading: JL appears by attorney [no further plea recorded].

Court of Common Pleas, CP 40/810, rot. 160

Term: Michaelmas 1463
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £10
Case type: Bond; Loan

Pleading: Richard Marchall and Roger Waryng state that on 9 September 1461, in London, Robert Smyth made a bond with them in £10 13s 4d, payable at Michaelmas then next, and also borrowed a further 109s, payable on request. However, RS has not paid either of these sums, to their damage of £10. They show the bond in court.

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

Postea text: Further licence to imparl, to Easter three weeks.

Court of Common Pleas, CP 40/810, rot. 160d

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: 10m
Case type: Sale of goods

Pleading: Thomas Stokton states that on 20 April 1461, in London, Thomas Andrewe bought from him a ship called the 'Wolf' for £8, payable on 20 April then next, but has not paid, to his damage of 10m.

Pleading: TA granted licence to imparl to octave of Hilary, with assent of TS.

Pleading: [continued at Easter 1464, rot 344] TA states that he does not owe TS this £8 or any money as claimed. Order that he wager his law at the morrow of Ascension; pledges named. Attorney to have him here on that day.

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

Case notes: Continued on CP 40/812, rot 344.

Court of Common Pleas, CP 40/810, rot. 245d

Term: Michaelmas 1463
County: London
Writ type: Debt (account)
Damages claimed: 10m
Case type: Reckoning of account

Pleading: William Norton, John Markwyk, Richard Bovauntre and Walter Norys, executors of Richard Nordon, state that on 8 May 1456 William Beeff, now deceased, accounted with RN in London before Richard Brodeok and John Swan, auditors, for various sums of money received by WB for RN before that time, and upon that account WB was found to be in arrears to RN in 43s 4d. However, WB did not pay this sum to RN or his executors, and nor have WB's executors, Henry Faux and John Blancombe, to their damage of 40s. They show in court the testamentary letters of RN, by which they are executors and have administration. in £4 3s 3d, and also borrowed a further 9s 2d, all payable at the nativity of St John the Baptist then next. However, JD has not paid, either to RN or to his executors, to their damage of 100s. They show the bond in court, and the testamentary letters of RN, by which they are executors and have administration.

Pleading: The executors of WB state that the executors ought not have their action, as Walter Norys, as WN, citizen and tailor of London, by a document which he shows in court, dated 13 November 1463, released and quit-claimed to them all actions outstanding between them relating to the testament of RN, on behalf of all the executors.

Pleading: Walter Norys admits that this release is of his making, as HF and JB have alleged. Order that the executors of RN take nothing, but are amerced for false claim. HF and JB are quit of this debt.

Court of Common Pleas, CP 40/810, rot. 256

Term: Michaelmas 1463
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Real action / rents / damage to real estate

Pleading: Robert Cawode states that on 20 July 1461, in London, he demised at farm to John Samson a messuage with appurtenances in Fleet Street in London, to hold from that day from Michaelmas 1461 for 7 years, at an annual rent of 33s 4d equally at the four usual terms. JS has occupied this property, but a total of 41s 8d due from the terms of Michaelmas and Christmas 1462 and Easter, St John the Baptist and Michaelmas 1463 has not been paid, and remains unpaid, to his damage of 100s.

Pleading: JS, protesting that he has not occupied this property as claimed by RC, states that after the making of this agreement, but before any of these payments became due, namely on 20 July 1461, in the parish of St Dunstan in the West, London, he surrendered the property to back to RC, who accepted its return.

Pleading: RC, protesting that JS did not surrender the property to him as he has claimed, states that JS occupied this property by virtue of this demise as he has claimed, and he did not return it. .

Pleading: JS states that RC agreed to and accepted this surrender as he has claimed. Parties on country, jury here on the morrow of the Purification.

Postea text: 3 posteas, sheriff did not send writ, and one adjournment, to the morrow of Martinmas 1464.

Court of Common Pleas, CP 40/810, rot. 256d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 40s
Damages awarded: 3s 4d
Case type: Bond; Loan

Pleading: Matthew Philip states that on 25 October 1449 John Berney made a bond with him in London in 36s 8d, payable at Christmas then next, and also borrowed a further 3s 4d, payable on request. However, JB has not paid this total of 40s, to his damage of 40s. He shows the bond in court.

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

Pleading: [continued at Hilary 1464, rot 196d] JB admits the action and that he made the bond and owes this 40s. Order that MP recover the debt, and damages of 3s 4d. JB amerced.

Postea text: [on CP 40/811, rot 196d] On 16 November 1465, MP acknowledged satisfaction of the debt and damages. JB quit.

Case notes: Continued on CP 40/811, rot 196d.

Court of Common Pleas, CP 40/810, rot. 256d

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Felicia Grenefeld and Simon Croucheman, executors of John Grenefeld, state that on 27 January 1438, at Westminster, John Dey, now deceased, made a bond with John Grenefeld in £20, payable at Easter then next following. However, JD did not pay this to JG, and nor has his executor Joan Durant, either before or after her marriage to John Durant, and nor has the money been paid to JG's executors after his death. This is to their damage of £10. They show in court the testamentary letters of JG, by which they are executors and have administration, and also the bond in the terms given.

Pleading: The defendants are granted licence to imparl to the octave of Hilary, with assent of the plaintiffs. Pledges named for defendants.

Postea text: 11 further licences to imparl, and one adjournment, to quindene of Easter 1467.

Court of Common Pleas, CP 40/810, rot. 274

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Tanfeld states that on 16 February 1453, at Westminster, Thomas Canyngys, now deceased, made a bond with him in £34 13s 4d, payable at the feast of St Gregory the Pope 1455. TC satisfied RT of £28 of this sum during his life, but neither TC during his lifetime, nor his executors after his death, have paid the remaining 10m, to his damage of £10. He shows the bond in court.

Pleading: Elizabeth, widow and executor of Thomas Canyngys, and John Bluet and William Canyngys, her fellow executors, are granted licence to imparl to octave of Hilary, with assent of RT.

Court of Common Pleas, CP 40/810, rot. 305d

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Taylour states that on 8 December 1457, in London, Thomas Freman bought from him two and a half hundreds of refined cropped madder ('fyn' crop de madre') for 40s, payable on request, but has not paid, to his damage of 40s.

Pleading: TF states that he does not owe WT this 40s as claimed. Makes his law immediately. Order that WT take nothing, amerced for false claim. TF sent without day.

Court of Common Pleas, CP 40/810, rot. 309d

Term: Michaelmas 1463
County: Kent
Writ type: Trespass (against statute)
Damages claimed: £200
Damages awarded: 5m
Costs: 5m
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Thomas Vaghan and his wife Eleanor amerced for many defaults. William Colkyn, citing the terms of the statute of 5 Richard II against forcible entry into property [Stat Realm, 5 Ric II, c. 7], states that on 1 May 1462 Thomas and Eleanor Vaghan unlawfully entered his manor of Colkins [in Boughton under Blean] with appurtenances, into which they had not been given lawful entry, in contempt of the king, against the form of the statute and to his damage of £200.

Pleading: TV and EV granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1464, rot 326] TV and EV, denying all contempts, state that WC ought not maintain his action, since before WC had anything in this manor a certain Thomas Broun was seised of it in his demesne as of fee, from whom TV and EV had an interest in the manor, and were seised in their demesne as of fee. Then the same WC, claiming the manor by virtue of a deed of demise made to him for term of his life by TB long before TV and EV had any interest, whereas nothing of that manor should have come to WC by that deed, entered the manor, and thus at the time of the alleged trespass TV and EV simply re-entered into possession of the manor as was their right.

Pleading: WC states that before TB had any interest in this manor, a certain William Colkyn senior, father of the plaintiff, was seised in his demesne as of fee, and thus seised demised it to TB to hold at will. By virtue of this demise TB was in possession, and TB then enfeoffed TV and EV, and their heirs in perpetuity, on the pretext of which enfeoffment TV and EV were seised in their demesne as of fee. WC senior then died, and after which the plaintiff, as son and heir, entered the manor and was seised in his demesne as of fee, until TV and EV made entry against the statute, as WC has claimed. He seeks judgment.

Pleading: TV and EV state that long before WC (the plaintiff) had anything in this manor, TB was seised in his demesne as of fee, and WC senior, as WC of Boughton, by a document which they show in court, dated 1 November 1455 at Boughton under Blean, released and quit-claimed for him and his heirs to TB and his heirs all the rights which he had or ever had before in the manor of 'Colkyns Place' lying in Boughton under Blean or elsewhere in Kent, 25 acres of arable land in the field called 'Gretefeld' in that parish, 10 acres of arable land in the field called 'Hurrescroft', and four acres of wood, more or less.

Pleading: WC states that this release is not of the making of WC senior. Parties on country, jury here at Easter three weeks.

Postea text: Process continued, jury in respite to the octave of Trinity 1465, parties came by attorneys, jury said that the release is not of the making of WC senior, as WC the plaintiff claimed. Damages assigned at 5m, costs at 5m. Order that WC plaintiff recover the damages against TV and EV, TV and EV to be taken.

Case notes: Continued on CP 40/811, rot 326.

Court of Common Pleas, CP 40/810, rot. 316d

Term: Michaelmas 1463
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Debt; Real action / rents / damage to real estate

Pleading: John Methelay states that on 20 March 1462, in the parish of St Sepulchre, Farringdon Within ward, London, he demised to Roger Avener, now deceased, a messuage with appurtenances situated within the gate of Newgate, to hold from Lady Day next for 7 years, at an annual rent of 8m, payable at the four usual terms. By virtue of this demise RA was in possession, and afterwards, in the same parish, as he was close to death he made Lambert Maye his executor, and then died, after which LM held and occupied the property as executor. However, the rent is now in arrears by 1½ years, for which JM is owed 12m, but LM has not paid, to his damage of £20.

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

Pleading: [continued at Hilary 1464, rot 109d] LM states that he does not detain these 12m or any money as claimed. Parties on country, jury here at quindene of Easter.

Case notes: Continued on CP 40/811, rot 109d.

Court of Common Pleas, CP 40/810, rot. 316d

Term: Michaelmas 1463
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: John Jurdan states that on 20 August 1460, in London, Thomas Philippe borrowed 40s from him, payable on request, but has not paid this, to his damage of 40s.

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

Court of Common Pleas, CP 40/810, rot. 319d

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Thomas Nyche states that on 29 March 1462, in London, John Ledys bought from him one pipe of red wine, one butt of Rumney and one barrel of bastard for £8, payable on request. TN acknowledges that JL has paid £3 of this sum, but he has not paid the remaining 100s, to his damage of £10.

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

Pleading: [continued at Easter 1464, rot 319] JL states that he does not owe TN this or any money as claimed. Parties on country, jury here at Easter five weeks. Pledges named for defendant.

Postea text: Further licence to imparl, to quindene of Easter 1464.

Postea text: [on CP 40/812, rot 319] Sheriff did not send writ, to octave of Trinity 1464. Adjourned to quindene of Michaelmas 1464. Sheriff did not send writ, to octave of Hilary 1465.

Case notes: Continued on CP 40/82, rot 319.

Court of Common Pleas, CP 40/810, rot. 326

Term: Michaelmas 1463
County: Warwickshire
Writ type: Debt (account)
Damages claimed: 100s
Damages awarded: 100s
Costs: £7
Case type: Reckoning of account

Pleading: William Bate, brother and executor of Thomas Bate, and William Essex, his fellow executor, state that on 20 June 1459, at Tamworth, before Thomas Peerson and Robert Dunton, auditors, Philip Neel accounted with TB for various sums of money of TB received by PN before that time. Upon this account, PN was found to be in arrears by £51, but PN has not paid this, not to TB before his death or to his executors afterwards, to their damage of 100s. They show in court the testamentary letters of TB, by which they are executors and have administration.

Pleading: PN states that the executors ought not have their action, as he did not account with TB before these auditors as claimed by the plaintiffs. Parties on country, jury here at octave of Martinmas. Pledges named for defendant.

Postea text: Process continued, jury in respite to Easter one month 1465, nisi prius they come before John Nedeham, JCP, at Coleshill on 1 May 1465. On this day, plaintiffs came by attorney, justices sent record that on that day, before JN and Robert Nedeham, parties came by attorneys, jury says that PN accounted with TB before these auditors, as claimed by the executors. Damages assigned at 100s, costs at £7. Since the executors said in their pleading that they had incurred damages of 100s and no more, it is ordered that the executors recover their debt, and damages of 100s, and PN is quit of the remainder. PN amerced.

Postea text: Record and process touching this matter summoned before the king by writ of error directed to Robert Danby, dated 16 April 1466.

Court of Common Pleas, CP 40/810, rot. 327

Term: Michaelmas 1463
County: Bedfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Real action / rents / damage to real estate; Sale of goods; Taking of goods

Pleading: Richard Luffe states that on 26 March 1462, at Wilden, Henry Beche forcibly took and carried away two oxen and two cows of his worth 60s, against the peace and to his damage of £20.

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

Pleading: [continued at Hilary 1464, rot 265] HB denies force and arms and acting against the peace; both parties on the country. Concerning the rest, HB states that RL ought not maintain his action, since he states that before the time of the alleged trespass, a certain Richard Archer was seised of the manor of Wilden with appurtenances, of which the place of the supposed trespass is a parcel, in his demesne as of fee, and thus seised, in the parish of St Vedast, London, by a document which HB shows in court, dated 19 September 1449, he granted to John Archer and his wife Christine, as JA his son and CA, daughter of Ralph Blaklowe, former wife of Henry Sewale, an annual rent of 20m out of that manor and all his lands in that parish, payable at Michaelmas and Lady Day for the term of RA's life, beginning at Michaelmas then next. He also granted that should the rent be in arrears for three weeks beyond any of these feasts, then JA and CA or their executors may enter the manor and distrain goods, take them and retain them until the rent, arrears and any damages are satisfied. By virtue of this, JA and CA were seised of this annual rent in their demesne as of free tenement, and JA died thus seised. CA survived thus seised, and later married HB, and since the rent was then in arrears by two years, and RA was still alive, HB, in the right of Christine, took these animals as distraint for these arrears, as was his right.

Pleading: SB, protesting that RA did not grant this rent to JA and CA as claimed by HB, states that after the taking of the animals and before the date of his original writ, namely 27 March 1462, HB sold these animals to a certain Robert Monke, John Bartlot and Richard Drake.

Pleading: HB states that he did not sell these animals as claimed. Parties on country, jury here at quindene of Easter.

Postea text: 10 posteas, sheriff did not send writ (and one adjournment), to quindene of Easter 1467.

Case notes: Continued on CP 40/811, rot 265.

Court of Common Pleas, CP 40/810, rot. 329

Term: Michaelmas 1463
County: Bedfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Real action / rents / damage to real estate; Sale of goods; Taking of goods

Pleading: Stephen Base states that on 26 March 1462, at Wilden, Henry Beche forcibly took and carried away six horses, five bullocks, six cows and 31 sheep of his worth £15, against the peace and to his damage of £20.

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

Pleading: [continued at Hilary 1464, rot 167] HB denies force and arms and acting against the peace. Parties on country. Concerning the rest, he states that SB ought not maintain his action, as before the supposed trespass a certain Richard Archer was seised of the manor of Wilden, of which the place of the supposed trespass is a parcel, in his demesne as of fee, and thus seised, in London, by a document which HB shows in court, dated 19 September 1449, he granted to John Archer and his wife Christine, as JA his son and CA, daughter of Ralph Blaclowe, former wife of Henry Sewale, an annual rent of 20m out of that manor and all his lands in that parish, payable at Michaelmas and Lady Day for the term of RA's life, beginning at Michaelmas then next. He also granted that should the rent be in arrears for three weeks beyond any of these feasts, then JA and CA or their executors may enter the manor and distrain goods, take them and retain them until the rent, arrears and any damages are satisfied. By virtue of this, JA and CA were seised of this annual rent in their demesne as of free tenement, and JA died thus seised. CA survived thus seised, and later married HB, and since the rent was then in arrears by two years, and RA was still alive, HB, in the right of Christine, took these animals as distraint for these arrears, as was his right.

Pleading: SB, protesting that RA did not grant this rent to JA and CA as claimed by HB, states that after the taking of the animals and before the date of his original writ, namely 27 March 1462, HB sold these animals to a certain Robert Monke, John Bartlot and Richard Drake.

Pleading: HB states that he did not sell these animals as claimed. Parties on country, jury here at quindene of Easter.

Postea text: 10 posteas, sheriff did not send writ (and one adjournment), to quindene of Easter 1467.

Case notes: Continued on CP 40/811, rot 167.

Court of Common Pleas, CP 40/810, rot. 334

Term: Michaelmas 1463
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: 200m
Case type: Real action / rents / damage to real estate

Pleading: Ralph Josselyn and Ralph Byrde state that Edmund, former abbot of Westminster, and the convent of that house, were seised of the manor of 'Hammersh' [East Ham Marsh] next to Barking with appurtenances in their demesne as of fee in the right of that monastery, and thus seised, by an indenture dated at Westminster on 21 April 1461, they demised this property to John Kyrkeby and the defendants, with all houses, buildings, appurtenances and rights, to hold for 40 years from Easter then last past, rendering 42s equally at Easter and Michaelmas. By virtue of this grant they were in possession, and during this time JK, by a document which they show in court, dated in London on 3 October 1461, quitclaimed all his rights to the plaintiffs, leaving the plaintiffs in full possession. Later, on 12 July 1463, John Johnson forcibly entered the property and ejected the plaintiffs, against the peace and to their damage of 200m.

Pleading: JJ denies responsibility for this ejectment as claimed. Parties on country, jury here at quindene of Martinmas.

Postea text: Jury in respite to octave of Hilary 1464.

Postea text: Parties came, jury came, and left to discuss the matter. When they returned, the plaintiffs did not prosecute their writ. Plaintiffs and pledges amerced, JJ and jury sent without day.

Court of Common Pleas, CP 40/810, rot. 337

Term: Michaelmas 1463
County: Shropshire
Writ type: Trespass (against statute)
Damages claimed: £200
Damages awarded: £10
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Richard Archer, citing the statute of 1 Henry V against the making and use of false deeds to disturb people from their possession of property [Stat. Realm, 1 Henry V, c. 3], states that on 10 October 1459, at Mawley in Shropshire, Henry Beche and his wife Christina conspired to make false deeds concerning his manors of Mawley ['Malley'] in Shropshire and Overton Saucey in Leicestershire, namely one false deed stating that RA granted the manors to a certain John Archer, his son, then wife of Christina, to hold to them and their heirs in perpetuity, and another false deed stating that RA granted the manors to JB and CB, for the life of RA, and also other muniments, namely rentals and court rolls concerning those manors, intending to use these to disturb his possession of these manors, and they publicly proclaimed these, by which his possession was greatly disrupted and troubled. This was in contempt of the then king, contrary to the statute, and to his damage of £200.

Pleading: HB and CB deny this charge, as claimed by RA. Parties on country, jury here at octave of Hilary.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1465, nisi prius they come before the justices of assize at Shrewsbury on 29 July 1465. On that day, RA came, justices sent record that on that day, before Richard Byngham and Richard Chokke, justices of assize, RA came by attorney (William Byngham), and JB and CB by attorney (Salter), jury say that defendants are responsible for making and proclaiming these false deeds as claimed by RA. Damages and costs assigned at £10. They also state that they are not responsible for making the other documents claimed by the plaintiff. Since the justices wish to be advised of their verdict before rendering judgment, day is given to RA here at the octave of Hilary 1466.

Court of Common Pleas, CP 40/810, rot. 337d

Term: Michaelmas 1463
County: Northamptonshire
Writ type: Account
Damages claimed: 100s
Case type: Contract (service/employment); Reckoning of account

Pleading: John Barnet, executor of John Knottefford, and Thomas Osbarne and his wife Anne, co-executrix with John Barnet of JK, state that John Blakborn was receiver of money for John Barnet and Anne, when Anne was a single woman, from 25 May 1458 to Michaelmas then next following, and during that time received money of John Barnet and Anne at Northampton, by the hand of William Stokes of Calais, 10m to the trade and profit of John Barnet and 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: John Blakborn granted licence to imparl to octave of Hilary.

Postea text: 2 further licences to imparl, to octave of Trinity 1464.

Case notes: See also CP 40/813, rot 339 for later case brought just by Thomas and Anne Osbarn on a largely identical plea.

Court of Common Pleas, CP 40/810, rot. 345d

Term: Michaelmas 1463
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Gilbert Shelley states that on 20 November 1459, in London, John Stodale borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 100s.

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

Pleading: [continued at Hilary 1464, rot 101d] JS states that he does not owe GS this 40s or any money as claimed. Parties on country, jury here at the octave of the Purification.

Case notes: Continued on CP 40/811, rot 101d.

Court of Common Pleas, CP 40/810, rot. 349

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Roynon states that on 16 April 1455 John FitzRichard made a bond with him in London in £4 13s 4d, payable at the Invention of the Holy Cross then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JF states that he ought not owe this debt, stating that at the time of the bond he was a lay man and illiterate, and that there was an agreement between him and JR that JF would seal and deliver to JR a certain bond in this sum, on the condition contained within in it that if JF should pay to JR 46s 8d at Michaelmas then next , and 46s 8d at Easter next following, then the bond shall be cancelled. He states that the bond here in court was read to him at that time as containing this condition, and he, believing this, sealed and delivered it. He therefore states that this bond, not containing this condition, is not of his making. Parties on country, jury here at octave of Hilary.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Trinity 1464.

Court of Common Pleas, CP 40/810, rot. 353d

Term: Michaelmas 1463
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: Thomas Padyngton states that on 20 February 1448 he and Roger Adam accounted together in London for various sums of money received by RA on account for TP before that time, and upon that account RA was found to be in arrears to TP in 52s 6d. However, RA has not paid this sum, to his damage of 40s.

Pleading: RA states that he does not owe TP this 52s 6d or any money as claimed. Parties on country, jury here at octave of the Purification.

Court of Common Pleas, CP 40/810, rot. 354

Term: Michaelmas 1463
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Richard Alcok states that on 7 July 1463 Thomas Blake forcibly assaulted him at Westminster, against the peace and to his damage of £20.

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

Court of Common Pleas, CP 40/810, rot. 355

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: Nicholas Clerk states that on 25 December 1461, in St John's Street in Middlesex, William Lavyngton bought from him 30 polecat ('fitchew') skins, 20 skins of lettice (snow weasel), 18 polecat belly skins, and one hood ('penulam') of cropped calaber for 30s, and also borrowed another 10s, all payable on request. However, WL has not paid this total of 40s, to his damage of 100s.

Pleading: WL states that he does not owe this 40s or any money as claimed. Order that he wager his law at the quindene of Martinmas. Pledges for law named. Attorney to have master here on that day.

Court of Common Pleas, CP 40/810, rot. 358

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Richard Everley and Master John Frankys 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 that they have been paid 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 40/810, rot. 361d

Term: Michaelmas 1463
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: George Launde states that William Spynke was his bailiff in a messuage with appurtenances in St Swithin's parish, London, from 10 February 1456 for one year, and during that time had the care and administration of 230 yards of linen cloth called 'Holland cloth', seven pieces of fustian, two large down pillows, one down bolster, one pair of linen sheets, four rolls of lawn, 3oz of black silk, and one piece of Holland [cloth] containing three ells, all to the trade and profit of GL. For this he was to make reasonable account, but he has refused to do so, to his damage of £20.

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

Pleading: [continued at Hilary 1464, rot 134d] WS states that he was not bailiff of GL for this messuage for this period, having care of these goods at the account of GL, as GL has claimed. Parties on country, jury here at quindene of Easter.

Postea text: Sheriff did not send writ, to octave of St John the Baptist 1464. Adjourned to quindene of Michaelmas 1464. Sheriff did not send writ, to quindene of Hilary 1465.

Case notes: Continued on CP 40/811, rot 134d.

Court of Common Pleas, CP 40/810, rot. 363d

Term: Michaelmas 1463
County: Suffolk
Writ type: Debt (account)
Damages claimed: £20
Damages awarded: 6m
Case type: Reckoning of account

Pleading: William Kent, abbot of St Osyth, amerced for many defaults. The abbot of St Osyth was summoned to answer Robert Elmham on a debt of £40. RE states that by a certain indented bill made on 7 September 1462, of which he presents the part sealed by the abbot of St Osyth in court, it was shown that the abbot owed £43 on account to RE, payable as follows, namely £27 by three assignments made by the abbot upon his manor of Brentwood, by which he agreed to pay RE, in London, £5 at Christmas then next, £5 at Easter following, and £6 at the Nativity of St John the Baptist following, this being £16 of the £40 debt; and on that day they also accounted together in the parish of St Antholin in London, for various sums of money owed to RE by the abbot, and the abbot was found to be in arrears by another £27 beyond that £16, as contained in the bill. Of this £27, RE acknowledges that he has been satisfied of £3, leaving a debt of £24, which together with the other £16 makes a total of £40. However, the abbot has not paid this, to his damage of £20. RE states that the bill was made in London, in the parish of St Antholin, Cordwainer Street ward.

Pleading: The abbot is granted licence to imparl to the octave of Hilary.

Pleading: [continued on CP 40/811, rot 211] [Initial pleading repeated, without the initial amercement, but with a full transcription of the indented bill, in English.] The abbot states that he does not have to declare anything towards the matter contained in this bill, and by the law of the land does not have to respond, and seeks judgment.

Pleading: RE states that since the abbot does not dent the matter contained in the pleading, and has made no response, he seeks judgment, and the debt and damages. Since the justices wish to be advised on this matter before rendering judgment, day is given to the parties at the quindene of Easter.

Postea text: 6 posteas, adjourned to quindene of Michaelmas 1465.

Postea text: Parties came, ordered that RE recover his debt, and damages of 6m. The abbot is amerced.

Case notes: Unclear why headed Suffolk - ought to be Essex? Continued on CP 40/811, rot 211.

Court of Common Pleas, CP 40/810, rot. 368d

Term: Michaelmas 1463
County: London
Writ type: Trespass (against statute)
Damages claimed: 10m
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Laurens, citing the terms of the statute of Labourers, states that at Michaelmas 1460, in London, he retained Peter Shorn to serve him as [omitted] for one year, at a salary of [omitted], but within that term, namely on 28 September 1461, PS left his service without reasonable cause or licence, in contempt of the king, against the form of the statute and to his damage of 10m.

Pleading: PS states that after Michaelmas 1460 but before the end of his term, JL released him from his service at Stratford at Bow, by virtue of which release he left his service.

Pleading: JL states that he did not release PS from his service as claimed by PS. Enquiry by country, sheriff of Middlesex to have jury of Stratford at Bow here at octave of Hilary. Pledges named for defendant.

Court of Common Pleas, CP 40/810, rot. 375

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Henry Ketelwell states that on 4 December 1458, in London, John Colby made a bond with him and a certain William Bowton, now deceased, in 250m, payable at Easter then next, but has not paid, either to HK and WB before WB's death or to HK afterwards, to his damage of £40. He shows the bond in court.

Pleading: JC states that he ought not owe this debt, as before the making of the bond, in London, a certain Thomas Scales, lord Scales, took and imprisoned JC until he made and sealed this bond to HK, WB and TS, by which he made this bond under duress and coercion of this imprisonment.

Pleading: HK states that at the time of the making of the bond JC was not imprisoned and made the bond freely and not under any duress. Enquiry by country, jury here at octave of Hilary. Pledges named for defendant.

Postea text: Sheriff did not send writ, to octave of the Purification 1464.

Case notes: See also rot 375d.

Court of Common Pleas, CP 40/810, rot. 375d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Henry Ketelwell states that on 4 December 1458, in London, Robert Fulman made a bond with him and a certain William Bowton, now deceased, in 250m, payable at Easter then next, but he has not paid, either to HK and WB before WB's death or to HK afterwards, to his damage of £20. He shows the bond in court.

Pleading: RF, protesting that HK has received 100m 13s 4d of this sum, states that he ought not owe this debt, as before the making of the bond there was an agreement between him and HK that RF, Thomas Scales and John Colby would make a bond in these 250m, payable at this Easter, to HK and William Bowton, on the condition given in the bond that if RF, TS and JC should pay HK and WB 20m at this Easter, and 20m at the following Michaelmas, and so on term by term until the sum is paid, then the bond shall be cancelled. He states that at the time of the making of the bond he was a man of little learning, and that the bond was read to him in English as containing this condition, and he, believing it contained this condition when in fact it did not, sealed and delivered it. He therefore states that this bond is not of his making. Parties on country, jury here at octave of Hilary. Pledges named.

Postea text: Sheriff did not send writ, to octave of the Purification 1464.

Court of Common Pleas, CP 40/810, rot. 377

Term: Michaelmas 1463
County: London
Writ type: Debt (other)
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: Philip and Roger Pym state that by an indenture made in the parish of St Dunstan in the West in London between John Arundell on the one part and the plaintiffs on the other, of which they show the part sealed by JA in court, dated 4 July 1455, it was shown that an agreement was made between them that, namely that PP and RP, and the heirs of RP, would relinquish to JA all the lands, rents and services, and all other profits, etc, which they have in their possession or ought to have in the vills of Truro Vean, Truro borough, Kenwyn, Tremorvah ('Gwelequonyan'), Nancemere, 'Polgurtes', Carvedras, 'Gweleyet', 'Parkeengewe', Parkeencleyes', 'Culverpark', 'Parkeglaston', 'Parkequonyan', Truro and elsewhere in Cornwall, with all rents and services, and with all their free tenements which they had or ought to have had in Tremorvah, without interruption or claim from PP, RP and their heirs, under security as follows, namely that PP, RP and the heirs of RP should release all actions regarding the property in Truro Vean, Truro borough, Kenwyn, Tremorvah, Nancemere and 'Polgurtes', as advised by the council of JA, and the costs and charges on JA. After this recovery, PP should render to RP or his heirs the property which he holds by the law of England in Carvedras, 'Gweleyet', 'Parkeengewe', Parkeencleyes', 'Culverpark', 'Parkeglaston' and 'Parkequonyan', the reversion of which pertains to RP and his heirs. Then, RP or his heirs, without any change of possession, or any cost to RP, should allow all actions and recoveries against RP made by JA or such persons named by him before 31 December next after the said 4 July, as advised by the council of JA, at the cost of JA. For this, JA should pay PP and RP 80m at Taunton, in the house of a certain Thomas Wareyn, in the following form, namely £10 in his hands, and £20 at the following Michaelmas or within one month, and £23 6s 8d at the following Easter or within one month, provided always that, if it should be proved before the said 31 December that RP is kinsman and heir of a certain John Porthalowe, whose estate in the property in Truro Vean, Truro borough, Kenwyn, 'Eiwelequonyan', Nancemere and 'Polgurtes' JA currently has, then PP and RP should release the said 80m, and JA should be exonerated of the said 20m. JA should then pay PP and RP £40. And JA pledged himself in 100m for the proper implementation of this agreement. PP and RP state that all the property etc which they had or ought to have had in all these lands at the time of the making of the agreement were three messuages, one dovecot, 12 acres of land, 7d rent and a moiety of 20 acres of land, and no more in the county. They state that JA entered this property soon after the agreement was made, which they allowed, and they were prepared to allow all actions in the agreed time, but that neither JA nor anyone on his behalf prosecuted any suit concerning this property before the said 31 December, and that it was not proved before 31 December that RP was kinsman and heir of JP, and JA did not pay PP and RP the said £23 6s 8d at the said Easter or within one month, as a result of which JA owes them this 100m. However, JA has not paid this, to their damage of £40.

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

Pleading: [continued at Easter 1464, rot 335] JA states that the plaintiffs ought not maintain their action, since, not acknowledging anything said by them to be true, he states that the lands and tenements held by PP in those places at the time of the making of this agreement were three messuages, 12 acres of land, one dovecot, 7d rent and a moiety of 20 acres of land, as well as a further three messuages and 28 further acres of land, and that Alice, daughter of John Trethek was seised of these 6 messuages, 40 acres of land, one dovecot, 7d rent and the moiety of 20 acres of land, in her demesne as of fee, and thus seised married PP, and had issue, the aforesaid Roger. Alice then died, and PP was seised by law of England in his demesne as of free tenement at the time of the making of the agreement, with reversion to RP as heir of Alice. JA states that 20 acres of these 40 acres of land are in the town of Truro Vean, and that before the said Easter, but after the making of the indenture, he came to these 20 acres to take the profits and goods pertaining to that land, but PP and RP did not permit him to take these profits, or any profits afterwards.

Pleading: PP and RP repeat that all the lands, tenements, rents and profits which they had at the time of the making of the agreement in the aforesaid towns were the three messuages, dovecot, 12 acres of land, 7d rent and the moiety of 20 acres of lands with appurtenances, as they claimed. Enquiry by country, sheriff of Cornwall to have jury here at quindene of Trinity.

Postea text: Further licence to imparl, to Easter three weeks.

Case notes: Continued on CP 40/812, rot 335. The places all seem to be small tenements, farms and hamlets in the parish of St Clement's, on the northern edge of Truro, and probably all in the manor of Truro Vean. Some cannot be identified with any certainty. See The Cornish Lands of the Arundels of Lanherne, fourteenth to sixteenth centuries, ed. HAS Fox and OJ Padel (Devon and Cornwall Record Society, n.s. vol. 41).

Court of Common Pleas, CP 40/810, rot. 378

Term: Michaelmas 1463
County: Norwich
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Hugh Cotes states that on 14 July 1458 John Trevilian made a bond with him in Norwich in £40, payable at Michaelmas then next, but has not paid, to his damage of 10m. He shows the bond in court.

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

Postea text: 12 further licences to imparl, and one adjournment, to quindene of Easter 1467.

Court of Common Pleas, CP 40/810, rot. 382d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 26s 8d
Case type: Bond

Pleading: Robert Bote states that on 14 May 1462 John Wylkes made a bond with him in Southwark in £4, payable at Pentecost then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JW granted licence to imparl, to octave of Hilary, with assent of RB. Pledges named for defendant.

Postea text: RB came by attorney, JW did not come, in default. Order that RB recover debt, and damages of 26s 8d. JW amerced. Take the pledges.

Court of Common Pleas, CP 40/810, rot. 383

Term: Michaelmas 1463
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Debt; Real action / rents / damage to real estate

Pleading: William Pountfrett amerced for many defaults. WP summoned to answer Nicholas Stathum on plea that he render to him £4, the arrears on an annual rent. NS states that on 4 May 1457, in London, William Pountfrett, by a document which NS shows here in court, sealed by WP, gave and granted to NS an annual rent of 13s 4d, to take for the term of his life at the feast of the Nativity of St John the Baptist and Christmas equally. If the rent should be in arrears, in part or in full, at any feast, then NS may make distraint in all of WP's property in London and Middlesex until the sum is paid. By virtue of this NS was seised of this rent until 6 years before the date of his original writ, namely 8 April 1463, when WP withdrew the rent, and refused to pay, to his damage of 100s.

Pleading: WP states that this agreement is not of his making. Parties on country, jury here at octave of Hilary. Document to remain in custody of John Fogge.

Court of Common Pleas, CP 40/810, rot. 384

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (account)
Damages claimed: 10m
Case type: Reckoning of account

Pleading: John Hardeman states that on 13 May 1444, at Westminster, Richard Balteswell accounted with JH for various sums of JH's money received by RB on account before that time, and upon this was found to be in arrears to JH by 71s. However, RB has refused to pay this to JH, to his damage of 10m.

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

Pleading: [continued at Hilary 1464, rot 114] RB states that he does not owe JH these 71s or any money as claimed. Order that he wager his law at Easter three weeks. Pledges for law named. Attorney to have him here on that day.

Case notes: Continued on CP 40/811, rot 114.

Court of Common Pleas, CP 40/810, rot. 390d

Term: Michaelmas 1463
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: Elizabeth, widow and executor of Thomas Canynges, states that on 30 November 1462, in London, she delivered to William Crosse, master of the hospital of St Thomas the Martyr in Southwark, certain goods for safe-keeping, namely two silver and gilt covered cups, one chalice and one paten of silver and gilt, and a book called 'Newestatutys', and four large chafing pans ('calefactoria') and four large brass ('enea') pots, all worth £40, together with a certain sealed chest containing charters and other documents concerning various lands and tenements of EC, namely a messuage with appurtenances in Siston in Gloucestershire called 'Moynes', a messuage with appurtenances in Chigwell in Essex called 'le Loge', and a messuage with appurtenances in Bobbing in Kent called 'Medes', amongst others. These were to be returned on request, but he has not done so, to her damage of £100.

Pleading: WC granted licence to imparl to octave of Hilary, with assent of EC.

Postea text: [on CP 40/811, rot 149, with full re-enrolment of initial pleading] Further licence to imparl to quindene of Easter, with assent of EC.

Case notes: Continued on CP 40/811, rot 149 (initial pleading re-enrolled; some missing details taken from that copy].

Court of Common Pleas, CP 40/810, rot. 406d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 5m
Damages awarded: 13s 4d
Case type: Bond

Pleading: John Wydeslade states that on 20 April 1463 Robert Danyell made a bond with him in London in £10, payable on the following Thursday, but he has not paid, to his damage of 5m. He shows the bond in court.

Pleading: RD granted licence to imparl to quindene of Hilary. Pledges named for defendant.

Postea text: JW came, RD did not come, in default. Order that JW recover debt, and damages of 13s 4d. RD amerced. Take the pledges.

Postea text: JW acknowledged satisfaction of the debt and damages. RD quit.

Court of Common Pleas, CP 40/810, rot. 407

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas Boleyn, bachelor of both laws and administrator of the goods and chattels formerly of John Langton, former bishop of St David's, states that on 24 October 1443 Thomas Assheby made a bond in London [parish and ward omitted] with JL in £20, payable at Pentecost then next. However, he has not paid, either to JL or to TB after JL's death, to his damage of £20. He shows the bond in court, and the letters patent of Thomas, archbishop of Canterbury and legate, dated at Lambeth on 11 February 1458, by which TB has administration of the goods formerly of JL.

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

Postea text: 4 further licences to imparl, and one adjournment, to octave of Trinity 1465.

Court of Common Pleas, CP 40/810, rot. 408

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 6s 8d
Case type: Sale of goods

Pleading: John Prynce states that on 20 October 1443, in London, Edward Nevill bought from him 30 yards of woollen cloth called russet and 4 yards of woollen cloth called violet for 11m 6s 8d, payable on request, but has not paid, to his damage of 100s.

Pleading: EN admits the action, and that he owes this debt as claimed. Order that JP recover the debt, and damages of 6s 8d. EN not amerced, as came on the first day. JP remits the damages.

Court of Common Pleas, CP 40/810, rot. 425

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 40s
Case type: Bond

Pleading: Thomas Porter states that at Martinmas 1448, in London, William Somer made a bond with him in £20, payable at the translation of St Thomas Martyr then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: WS granted licence to imparl to octave of Hilary, with assent of TP. Pledges named.

Postea text: 3 further licences to imparl, and one adjournment, to octave of Hilary 1465.

Postea text: TP came, Ws did not come, in default. Order that TP recover his debt, and damages at 40s. WS amerced. Take the pledges.

Court of Common Pleas, CP 40/810, rot. 434d

Term: Michaelmas 1463
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Kent, abbot of St Osyth, amerced for many defaults. Thomas Scot states that on 25 November 1460, in London, John Depyng, then abbot of St Osyth, predecessor of WK, bought from him 11 whole woollen striped cloths, 10 whole green woollen cloths, for liveries and clothes for the servants and household of the said former abbot for the following Christmas, for £47 2d. For the payment of this sum the abbot, on the same day, made an indenture with TS, of which he shows here in court the part sealed by the former abbot, by which he agreed to pay the sum as follows, namely £10 at Michaelmas then next, £10 at Christmas, Easter and the Nativity of St John the Baptist following, and £7 2d at Michaelmas 1462. TS acknowledges satisfaction of £30 of this sum, but he has not been paid the remaining £17 2d, either by the former abbot or the present abbot, to his damage of 100s.

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

Pleading: [continued at Hilary 1464, rot 215] The abbot states that he does not owe this debt, as this cloth, nor any part of it, did not come to the use of his house as claimed. Parties on country, sheriff of London to have jury here at the octave of the Purification.

Postea text: 2 posteas, sheriff of London did not send writ, to octave of Trinity 1464.

Case notes: Continued on CP 40/811, rot 215.

Court of Common Pleas, CP 40/810, rot. 457d

Term: Michaelmas 1463
County: Surrey
Writ type: Debt (bond)
Damages claimed: £20
Case type: Arbitration; Bond

Pleading: Adrian Mighell states that on 4 July 1463 John Martyn made a bond with him in Southwark in 40m, payable at the feast of St Matthew then next, but has not paid, to his damage of £20. He shows the bond in court.

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

Pleading: [continued at Hilary 1464, rot 97] JM seeks to hear the bond and the condition. The condition of this bond is such that if JM should stand in the arbitration of John Beauchamp, chosen by JM, and John Rykyllys, chosen by AM, concerning a certain obligation in which JM is bound to John Suthwelle in £16 to the use of AM, and if JM should hold faithfully to this arbitration, so that the arbitration should be rendered around the said feast of St Matthew, and if these arbiters are not able to make this arbitration at this time JM should stand in the arbitration of Thomas Luyte, chosen impartially by the parties, and if he should hold to TL's decision, providing always that the judgment was rendered before the quindene of Michaelmas then next, then the present bond shall be cancelled; otherwise it shall remain in force. Having heard this, JM states that AM ought not maintain his action, as the two arbiters did not make their judgment before the said feast of St Matthew, and nor did TL make any judgment before the said quindene of Michaelmas.

Pleading: AM states that on the morrow of Michaelmas, at Southwark, TL accepted the task of arbitration, and adjudged that JM should pay AM £8, namely £4 at Christmas next, and £4 at the Nativity of St John the Baptist.

Pleading: JM states that TL, having accepted the task of arbitration at Southwark on that day, did not judge that JM should pay AM this £8, or any money as claimed. Parties on country, jury here at quindene of Easter. AM appoints Thomas Hever in his place against JM.

Case notes: Continued on CP 40/811, rot 97.

Court of Common Pleas, CP 40/810, rot. 460

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond

Pleading: Peter South states that on 10 July 1456 Walter Clerk made a bond with him in London in 100s, payable at Michaelmas then next, but has not paid, to his damage of 5m. He shows the bond in court.

Pleading: WC granted licence to imparl to octave of Hilary. Pledges named [2 only, rest omitted].

Postea text: Further licence to imparl, to quindene of Easter 1464.

Court of Common Pleas, CP 40/810, rot. 464d

Term: Michaelmas 1463
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Mounemouth states that on 14 November 1458, in London [parish and ward omitted], Nicholas Bailly made a bond with him in 10m, payable on 13 December then next, but has not paid, to his damage of £10. He shows the bond in court.

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

Court of Common Pleas, CP 40/810, rot. 469

Term: Michaelmas 1463
County: Middlesex
Writ type: Other
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: Simon Hollervile and John Morth state that by an indenture made between them and William Couper, of which they show part sealed by all three in court, dated 28 November 1462, WC demised at farm to SH and JM a messuage with appurtenances in the parish of St Mary Matfelon without Aldgate, under the name of all the tenements held by WC in that parish with houses, solars, cellars, and adjacent gardens, namely between the tenement of William Chadworth to the east, and the tenement of Walter Bodenham, called 'le Herteshorn' to the west, to hold from Christmas then next for 8 years, if WC lives that long, at an annual rent of 16s 8d at Christmas, Lady Day, the nativity of St John the Baptist and Michaelmas equally while WC lives. SH and JM are to maintain the property, and pay all necessary rents, and if the annual rent is in arrears by 7 days after any of the stated terms, in part or in full, then WC may enter the property and make distraint. If the annual rent is in arrears by 14 days beyond any of the said terms, and if sufficient distraint cannot be found, then WC may re-enter the property and eject SH and JM, this agreement notwithstanding. WC was to warrant this agreement against all people. Yet, although SH and JM have paid the said annual rent of 16s 8d, according to the form of the indenture, on [date omitted] WC ejected them from their possession, breaking the agreement, and has refused to hold to it, to their damage of £40.

Pleading: WC, by attorney [name omitted] granted licence to imparl, to octave of Hilary.

Court of Common Pleas, CP 40/810, rot. 469d

Term: Michaelmas 1463
County: Middlesex
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account; Sale of goods

Pleading: John Hardeman states that on 18 September 1442 he and William Syday accounted together at Westminster for various sums of money owed to JH by WS for various spices bought from him, namely pepper, ginger, cloves, mace, saffron and others. Upon this account, WS was found to be in arrears to JH in 40s, but has not paid, to his damage of 100s.

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