CP40/823: Easter term 1467

Court of Common Pleas, CP 40/823, rot. 108

Term: Easter 1467
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: John Cranage states that on 4 October 1465, in London, John Jurdan forcibly made such great threats against his life and limb that he dare not go about his business, namely the carrying of wine from London to Westminster and from London to Windsor, for fear of death, for a whole year thereafter, and thus his business remained undone. This was against the peace, and to his damage of £20.

Pleading: JJ denies the trespass as claimed. Parties on country, jury here at quindene of Trinity. Pledges named for defendant.

Court of Common Pleas, CP 40/823, rot. 120

Term: Easter 1467
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Abell, John Dey and Thomas Mollesley, executors of John Godbehere, together with John Wynter and his wife Joan, widow and executor of JG, state that on 10 December 1457, in London, William Rosamound bought from JG one piece of beef called a 'clodde of beef', three pieces of beef called 'poyntes of beef', and two loins of beef called 'hynder loynes of beef', 72 loins of mutton ('sheep meat'), 7 necks ('colla') of mutton, 15 shoulders of mutton, 17 loins of pork, 7 pieces of pork called 'chynes of pork', and 4 pieces of pork called 'fylettys of pork', all for 46s 8d, payable on request. However, WR has not paid this, either to JG himself or to the plaintiffs, before or after Joan's marriage to John Wynter, to their damage of 40s. They show in court the testamentary letters of JG, by which the executors area appointed and have administration.

Pleading: WR states that he does not owe this 46s 8d or any money as claimed. Makes his law immediately. Plaintiffs to take nothing, amerced for false claim. WR goes without day.

Court of Common Pleas, CP 40/823, rot. 122

Term: Easter 1467
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: John Maxey states that on 6 May 1464, at Welling, Peter Calcote and Richard Knyght forcibly assaulted him, against the peace and to his damage of £40.

Pleading: PC and RK deny the trespass as claimed. Parties on country, jury here at Easter five weeks.

Postea text: Process continued, jury in respite to quindene of Hilary 1469. On that day, JM came by attorney, PC in person. Jury said that PC was not responsible for the trespass. JM to take nothing, amerced for false claim. PC sent without day. [No mention of Knyght.]

Court of Common Pleas, CP 40/823, rot. 122d

Term: Easter 1467
County: London
Writ type: Detinue
Damages claimed: 100s.
Case type: Detention of goods; Safe keeping

Pleading: Robert Levelord states that on 20 March 1464, in London, he delivered to Lewis Mylys a certain bond in which it stated that Noel Tallovat was obliged to RL in 4 marks. This was to be returned to him on request, but RL has not returned it, to his damage of 100s.

Pleading: LM states that he does not detain this bond as claimed. Makes his law immediately. RL to take nothing, amerced for false claim. LM goes without day.

Court of Common Pleas, CP 40/823, rot. 137

Term: Easter 1467
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Housebreaking; Taking of goods

Pleading: William Shukburgh and John Heynes state that on 5 April 1463 John Pateryngton forcibly broke their close and house in London and took and carried away goods and chattels worth 10m, namely one fur of grey, one fur of calaber, 20 skins of budge called 'raw budge skins', one fur of beaver comprising 19 skins called 'beaver wombes', 600 skins of grey called 'troynes', 80 skins of grey and 2 ells of linen cloth called 'spruce cloth'. This was against the peace, and to his damage of 20m.

Pleading: JP granted licence to imparl to quindene of Trinity, with assent of plaintiffs.

Postea text: Five further licences to imparl, to octave of Michaelmas 1468. [Followed by further incomplete licence, no date given.]

Court of Common Pleas, CP 40/823, rot. 149

Term: Easter 1467
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Housebreaking; Taking of goods

Pleading: Robert Bale states that on 29 December 1466, William Meburn forcibly broke his house and close in Whitechapel, and took and carried away goods and chattels worth £40, namely three men's gowns, one of violet lined with marten fur, another of musterdvilers lined with beaver, and the third a lined blue gown, four women's gowns, one of violet lined with pure miniver ('gris'), another of blue lined with pote, another of green cloth lined with buckram, and the fourth of musterdvilers lined with buckram, a new chair of cypress, four feather beds, four beds, four quilts, 8 pairs of blankets, 10 pairs of linen sheets, 7 worsted covers, 9 brass jars, 11 brass plates of various types, 1½ dozen decorated latten vessels, 4 hanging beds with canopies and curtains, one of red worsted, one of blue worsted and the other two of linen cloth, 6 dyed costers and five other worsted costers, 3 tablecloths, five plain diaper towels, 20 candlesticks, 9 bowls, three brass braziers, three pieces of lawn and umple, 4 flat silver dishes each weighing 9oz, 2 silver covered bowls (ciphos) weighing 53¾oz, two silver salts, one being covered weighin 22oz, 16 silver spoons weighing 19¼oz, a bowl called a 'nutt' decorated with silver and gilt weighing 18 5/8oz, three mazers bound with silver and gilt, two of which were patterned, weighing 41oz, and three silk girdles decorated with silver. This was against the peace and to his damage of £100.

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

Court of Common Pleas, CP 40/823, rot. 150

Term: Easter 1467
County: London
Writ type: Debt (account)
Damages claimed: 5m
Case type: Reckoning of account

Pleading: Richard Bery states that on 1 May 1462, in London, Walter Leukenore accounted with him regarding various sums of RB's money received by WL on account before that time, and on this was found to be in arrears by 4m. However, WL has not paid this to RB, to his damage of 5m.

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

Court of Common Pleas, CP 40/823, rot. 152d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Renfrew Arundell states that on 26 May 1463, in London [parish and ward omitted], John Trenowyth made a bond with him in 20m, payable at All Saints then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JT states that in the parish of Probus there are two places called 'Trenowyth', namely 'Trenowyth Hawkyn' and 'Trenowith Warde', but no place just called 'Trenowyth' without a qualifier, as the writ supposes.

Pleading: RA states that his writ ought not cease, as there is a place in the parish of Probus called 'Trenowyth', as he claimed. Enquiry on country, sheriff of Cornwall to have jury here at quindene of Trinity.

Court of Common Pleas, CP 40/823, rot. 155

Term: Easter 1467
County: Wiltshire
Writ type: Trespass (force and arms)
Damages claimed: 40m
Case type: Housebreaking; Taking of goods

Pleading: Richard Darell states that on 23 March 1463 Thomas Umfrey forcibly broke into his house at Littlecote and took and carried away a bond in which Margaret, countess of Stafford, was bound to one Robert Hill, citizen and merchant, in £12. This was against the peace, and to his damage of 40m.

Pleading: TU granted licence to imparl to quindene of Trinity, with assent of plaintiff.

Postea text: further licence to imparl, to quindene of Michaelmas 1467.

Court of Common Pleas, CP 40/823, rot. 181

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: William Brandon states that on 20 August 1464, in London, Edward Pycombe made a bond with him in £10, payable at St Matthew then next, but has not paid, to his damage of 10m. He shows the bond in court.

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

Pleading: [continued at Trinity 1467, rot 30d] EP states that he ought not owe this debt, as at the time of the making of the bond he was imprisoned by WB and his associates at Twyneham in Sussex and detained there until he made this bond under duress.

Pleading: WB states that at the time of the making of the bond EP was not imprisoned, and made the bond freely and not under any duress. Enquiry by country, sheriff of Surrey [sic] to have jury of Twyneham here at [omitted].

Case notes: Continued on CP 40/824, rot 30d.

Court of Common Pleas, CP 40/823, rot. 181d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Thomas Payn, executor of Richard Thomas, states that on 1 March 1443, in London, parish of St Dunstan, ward of Farringdon Within (presumably error for Without), John Estfeld made a bond with him in £17, payable at the Nativity of St John the Baptist then next, and on 16 September 1445 he made another bond in £24, payable at All Saints then next. TP states that he has been satisfied of 20s of this total of £41, but JE has not paid the remaining £40, either to RT before his death or to him as RT's executor, to his damage of 20m. He shows the bonds in court, and the testamentary letters of RT, by which he is executor and has administration.

Pleading: JE granted licence to imparl to octave of Trinity, with assent of TP.

Postea text: 11 further licences to imparl, to octave of Michaelmas 1470.

Case notes: A document referring to Richard Thomas and Thomas Payn, who seem to have been related, appear in J.C. Jeaffreson, 'The Manuscripts of the Corporation of the Town of Southampton', Historical Manuscripts Commission, Eleventh Report, Appendix, Part III (1887), 88-90.

Court of Common Pleas, CP 40/823, rot. 219d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Fayreford states that on 23 January 1466, in London, Richard Hert made a bond with him in £10, payable on 'Carniprevium Sunday' then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: RH asks to hear the bond and endorsement, and these are read in court. The endorsement states that the condition of this bond is such that if RH should pay to JF £8 as follows, namely 40s at Carniprevium Sunday, 40s at Easter, 40s at Michaelmas and 40s at Christmas, then the band shall have no effect. Having heard this, RH states that he paid JF all the specified sums on the dates due, at Dartford in Kent.

Pleading: JF, protesting that RH did not pay him any of the sums specified in the endorsement, states that RH did not pay him the 40s due at Christmas 1466.

Pleading: RH states that he did pay the 40s due at Christmas 1466, according to the terms of the endorsement. Parties on country, sheriff of Kent to have jury here at quindene of Trinity.

Court of Common Pleas, CP 40/823, rot. 264d

Term: Easter 1467
County: Norfolk
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Aleyn states that on 3 March 1462, at Earlham, Richard Burdon made a bond with him in £40, payable at Ascension then next, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: RB seeks to hear the bond and condition, and these are read in court [both recited in full, in English]. The condition is such that if RB pay £20 to JA within a month of Easter then next, then the bond shall be cancelled. Having heard these, RB granted licence to imparl to quindene of Trinity.

Court of Common Pleas, CP 40/823, rot. 266

Term: Easter 1467
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Arbitration; Assault; Imprisonment

Pleading: John Clerk states that on 21 April 1466, John Gauter, William Chaunte and Thomas Fox gathered together 20 other malefactors and breakers of the king's peace, unknown to the plaintiff, and, intending to kill him, lay in wait for him at Southwark, assaulted him and imprisoned him against the law and custom of England for six weeks, against the peace and to his damage of £100.

Pleading: The defendants come. JG states that he is not responsible for this trespass as claimed, and places himself on the country. WC and TF deny force and arms, and also place themselves on the country. They further say that after the time of the supposed trespass, namely 22 November 1466, at Westminster, they and JC placed themselves in the arbitration of Roger Frende, John Lyon, Thomas Asheby and James Annesby, neutral arbiters, on this and other trespasses and actions outstanding between them, and the arbiters ordained that JC should immediately make a legal release to WC and TF of all actions which he had brought against them, and should pay them £40 in satisfaction for the trespasses committed against them, in excess of those committed by them against JC. JC would then be quit.

Pleading: JC states that before he is supposed to have placed himself in this arbitration, namely 16 November 1466, at Southwark, WC and TF, with other associates, made great threats against his life and threatened to take him to the Tower of London and imprison him unless he submitted to this arbitration, such that he agreed to this arbitration only out of fear.

Pleading: WC and TF state the JC was free at the time they all placed themselves in this arbitration, and did so freely and of his own will, not out of fear or duress. Enquiry by country, jury here at the morrow of Ascension.

Postea text: Sheriff did not send writ, to quindene of Trinity 1467.

Court of Common Pleas, CP 40/823, rot. 287

Term: Easter 1467
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: William Waterhous and his wife Joan, widow and executor of Nicholas Johnson, state that on 7 September 1453, at Kentish Town, Benedict Wheler made a bond with NJ, now deceased, in £8 3s, payable at Christmas then next, but has not paid, either to NJ or his executor Joan, to their damage of 10m. They show the bond in court, and the testamentary letters of NJ, by which Joan is executor and has administration.

Pleading: BW granted licence to imparl, to octave of Trinity, with assent of plaintiffs.

Court of Common Pleas, CP 40/823, rot. 302

Term: Easter 1467
County: Lincolnshire
Writ type: Trespass (force and arms)
Damages claimed: £30
Case type: Assault; Housebreaking; Taking of goods

Pleading: John Basse states that on 4 August 1461, John Byg forcibly broke his close at Martin Dyke ('Marton Dyk') in the parish of Timberland, cut down and carried away 100 oak trees, 100 elm trees, 100 ash trees and 200 willows worth £20, and assaulted him, all against the peace and to his damage of £30.

Pleading: John Byg denies responsibility for this trespass as claimed. Parties on country, jury here at octave of Trinity.

Postea text: 2 posteas, sheriff did not send writ, to octave of Hilary 1468.

Court of Common Pleas, CP 40/823, rot. 304d

Term: Easter 1467
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: Thomas Alford states that on 20 April 1465 Thomas Aspleyn forcibly assaulted him in London, against the peace and to his damage of £10.

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

Court of Common Pleas, CP 40/823, rot. 304d

Term: Easter 1467
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Safe keeping

Pleading: William Blase states that on 10 August 1464, in London, he delivered to Oliver Stokdale for safe-keeping a certain chest containing charters and other documents, namely a charter by which one Roger Blase enfeoffed a certain Richard Blase, father of the plaintiff, of a messuage and 50 acres of land with appurtenances in Topcliffe, to hold in perpetuity. This was to be returned on request, but OS has not done so, and still refuses, to his damage of £200.

Pleading: OS granted licence to imparl to the morrow of St John the Baptist. Pledges named for defendant.

Pleading: [continued at Trinity 1467, rot 506] OS states that WB ought not continue his action regarding the charter, as WB did not deliver that charter to him as claimed. Parties on country. Concerning the chest and the other documents, OS states that he does not detain this from WB as claimed. Prepared to defend. Order that he wager his law at quindene of Michaelmas; pledges for law named. Regarding the other issue, sheriff to have jury here at same term.

Postea text: [on CP 40/824, rot 506] WB comes by attorney, OS in person. OS makes his law; on this issue, WB to take nothing, amerced for false claim; OS sent without day. Concerning the trial, the sheriff of London sent the jury panel, of which nothing etc. Jury in respite to [omitted]. OS places William Plouryght in his place, with assent of WB.

Case notes: Continued on CP 40/824, rot 506. Incomplete pleading also on rot 105.

Court of Common Pleas, CP 40/823, rot. 305

Term: Easter 1467
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: John Norton states that William Wode was his receiver from 1 March 1466 for one year, and during that time, in London, he received 40s by the hand of Thomas Norman, 26s 8d by the hand of Henry Ructer, and 4m by the hand of Richard Trygge, to the trade and profit of JN. For this he was to make reasonable account, but has not done so, to his damage of £20.

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

Postea text: Process continued, jury in respite to octave of Hilary 1468. On this day, parties came in person, jury in respite to quindene of Easter 1468, as did not come. Sheriff to have them here. WW, with assent of JN, places John Nethersole in his place.

Case notes: See also CP 40/824, rot 109, for same case in same terms, but with different posteas.

Court of Common Pleas, CP 40/823, rot. 305

Term: Easter 1467
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Person states that on 21July 1458, in London, Thomas Tremayn bought from him 2¼ yards of woollen cloth called scarlet for 27s, payable on request, and on 10 April 1461, in the same place, he bought another 2 yards of woollen cloth called 'Gremaliere' for 13s, also payable on request. However, TT has not paid this total of 40s, to his damage of 100s.

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

Postea text: Further licence to imparl, to octave of Michaelmas 1467.

Court of Common Pleas, CP 40/823, rot. 311

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Bury states that on 27 February 1459, in London, Alexander Cheyne made a bond with him in 45s, payable at the Nativity of St john the Baptist then next, but has not paid, to his damage of 40s. He shows the bond in court.

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

Postea text: 4 further licences to imparl, to octave of Michaelmas 1468.

Court of Common Pleas, CP 40/823, rot. 312

Term: Easter 1467
County: London
Writ type: Debt (account); Debt (other)
Damages claimed: []
Case type: Contract (service/employment); Reckoning of account

Pleading: Angelus Aldebrande states that on [date omitted] 1458, in London [parish of St Bartholomew, ward omitted], he was retained by William Peer to carry certain cloth of gold from Southampton to Coventry, for which he was to receive 4m 12s. However, although he transported this cloth as agreed on [date omitted] 1458, and is thus owed the said 4m 12s, WP has not paid him. Also, on 5 March 1460, in the same place in London, before Luke Spynell, auditor, he accounted with WP for various sums of his money received by WP before that time, and on this WP was found to be in arrears to him in 4m 16d. However, WP has not paid him any of this money, to a total of 10m [sic], and to his damage of [omitted]. [A marginal note below the county heading states that it was recorded by the court that it does not have the day, sum nor ward of the contract, nor the day on which the transportation was made.]

Pleading: WP states that he does not owe this £10 [sic] or any money as claimed. Order that he wager his law on the morrow of St John the Baptist. Pledges for law named. Attorney of WP to have him here on that day.

Case notes: Many details of this case are missing or incorrect.

Court of Common Pleas, CP 40/823, rot. 313d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Reginald Thomas, parson of Swanscombe, states that on 5 March 1465, in London, Thomas Grenefeld made a bond with him in £40, payable at Michaelmas then next, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: TG granted licence to imparl to quindene of Trinity. Pledges named for defendant.

Court of Common Pleas, CP 40/823, rot. 320

Term: Easter 1467
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: George Irelond states that on 19 July 1459, at Westminster, John Sutton, now deceased, made a bond with him in £17 9s, payable at Michaelmas then next, but neither he in his lifetime nor his executor, his widow Alice, after his death, have paid this, to his damage of 10m. He shows the bond in court.

Pleading: Alice Sutton states that GI ought not maintain his action, as before the day of his original writ she had administered all the goods and chattels of her late husband, and had nothing in her hands on that day or afterwards from which GI could have been satisfied of the debt or any part of it.

Pleading: GI states that on the day of his original writ, namely [date omitted] AS had various goods and chattels formerly of JS in her hands, sufficient to pay the debt, namely at [omitted] in Middlesex. Enquiry by country, jury here at quindene of Trinity. [Marginal note states that [justice] Nedeham records that the plea does not specify from where the jury should come.]

Court of Common Pleas, CP 40/823, rot. 320d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Contract (general); Sale of goods

Pleading: Edmund Bulstrode states that on 19 April 1466, in London, Thomas Wake made a bond with him in £20, payable at St Peter ad Vincula then next, but has not paid, to his damage of £10. He shows the bond in court.

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

Pleading: [continued at Trinity 1467, rot 304] TW states that he ought not owe this debt, as at the time of the making of the bond he was a lay man and illiterate, and the bond was read to him in English as containing the following condition, namely that if EB should provide salted and fresh fish for TW at his house in London, in the parish of St Leonard, Farringdon Within ward, until Pentecost then next, then the bond shall stand, but if he did not the bond should be cancelled. TW, believing the bond contained this condition, sealed and delivered it. Therefore the bond here in court, not containing this condition, is not of his making. Parties on country, jury here at quindene of Michaelmas.

Case notes: Continued on CP 40/824, rot 304. Parish clearly given as St Michael, Bread Street ward, but that is impossible. See similar cases on rot 413d, and CP 40/824, rot 511.

Court of Common Pleas, CP 40/823, rot. 321d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 26s 8d
Case type: Bond

Pleading: Andrew White states that on 19 March 1454, in London, John Arundell made a bond with him in 20m, payable at Michaelmas then next, but has not paid, to his damage of 10m. He shows the bond in court.

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

Postea text: Further licence to imparl, to octave of Michaelmas 1467.

Postea text: AW came, JA did not come, in default. Order that AW recover debt, and damages at 26s 8d. JA amerced.

Postea text: Pledges appear, seek to make fine, do so at 3s 4d each. Sent without day.

Court of Common Pleas, CP 40/823, rot. 322

Term: Easter 1467
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Richard West states that on 20 May 1466, in London, Adrian Ale borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 40s.

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

Postea text: AA came, RW did not come to prosecute his writ. RW and pledges amerced, AA sent without day.

Court of Common Pleas, CP 40/823, rot. 329

Term: Easter 1467
County: Norwich
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Contract (service/employment)

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

Pleading: JT states that HC ought not maintain his action, as at the time of the making of the bond, by an indenture of which he shows part in the court, dated 14 July 1458, HC granted that if JT should, before All Saints then next, deliver to HC or a certain Thomas Replyngham an indenture bearing the seal of the abbot and convent of Tavistock, granting them a certain corrody from the said abbey for the term of their lives, according to the form of an indenture relating to this corrody formerly granted to a certain Morgan Meredith, which indenture HC states he delivered to JT on 14 July, then the current bond shall have no effect, or if JT should return to HC or TR the indenture made to MM by the said feast of All Saints, then the bond shall have no effect. JT states that after the said 14 July and before the said feast, in London, in the parish of St Bride, Farringdon Without ward, he offered HC the indenture made to the said MM, and HC refused to accept it. He therefore seeks judgment.

Pleading: HC states that JT did not offer him the said indenture as claimed. Enquiry by country, jury here at morrow of St John the Baptist.

Court of Common Pleas, CP 40/823, rot. 330

Term: Easter 1467
County: Herefordshire
Writ type: Trespass (against statute)
Damages claimed: £100
Case type: Breach of Statute; Maintenance

Pleading: John Welford, former mayor of Hereford and attorney of the citizens of that city, citing the statute of Westminster concerning the prohibition of maintenance of suits, states that on 23 December 1451, at Hereford, John Gloucestre unlawfully maintained a suit brought in the Exchequer of Henry VI before John Beauchamp, then Treasurer, and Peter Ardern and his fellows, then barons of the Exchequer, between Henry Man of Hereford, brazier, and JW on a plea of trespass, on the part of HM. This was in contempt of the former king, against the form of the statute and to his damage of £100.

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

Postea text: 13 further licence to imparl, to octave of Michaelmas 1470.

Court of Common Pleas, CP 40/823, rot. 343d

Term: Easter 1467
County: Cornwall
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Oliver Tregasowe and John Tregasowe state that on 28 August 1462, at Lostwithiel, John Dogowe made a bond with them in £80, payable at St Bartholomew then next. However, JD did not pay this during his lifetime, and nor has the defendant, Robert Whyte, his executor together with JD's widow Margaret, John Kendall, Roger Chatwyke and William Boughton, or his fellow executors, to their damage of 100m. They show the bond in court.

Pleading: RW states that he ought not owe this debt as executor of JD, as he was never an executor of JD, and never administered any goods and chattels formerly of JD as his executor.

Pleading: OT and JT state that RW and the others, as executors of JD, administered various goods and chattels formerly of JD, namely at Lostwithiel and elsewhere in Cornwall. Enquiry by country, jury here at the octave of Trinity.

Postea text: Sheriff did [not] send writ, to Michaelmas one month.

Court of Common Pleas, CP 40/823, rot. 345

Term: Easter 1467
County: Essex
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Maintenance

Pleading: Robert Colman and William Skarlet, citing the statute of Westminster concerning the prohibition of maintenance of suits, state that on 12 November 1466, at Braintree, John Fabyan unlawfully maintained the suit of Christine, widow and executor of Thomas Paykoc, and John Paykoc senior and John Paykoc junior, both sons of TP, and John Tornor, her fellow executors, on a plea before the king's justices that RC and WS render to them £20. This was in contempt of the king, contrary to the form of the statute and to their damage of £40.

Pleading: JF granted licence to imparl to octave of Trinity, with assent of plaintiffs.

Postea text: Further licence to imparl, to quindene of Michaelmas 1467, with assent.

Court of Common Pleas, CP 40/823, rot. 379

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 33s 4d
Costs: 5m
Case type: Bond

Pleading: Hugh Kyngeston and Richard Tyngelden state that on 24 August 1464, in London, Thomas Slyfeld made a bond with them in £83 6s 8d, payable at Christmas then next. They acknowledge satisfaction of £60 of this sum, but TS has not paid the remaining £23 6s 8d, to their damage of £10. They show the bond in court.

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

Pleading: [continued at Trinity 1467, rot 146d] TS states that this bond is not of his making. Parties on country, jury here at octave of St John the Baptist. Bond in custody of John Fogge.

Postea text: Sheriff did not send writ, to octave of Michaelmas 1467.

Postea text: Process continued, jury in respite to octave of Trinity 1468, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 31 May 1468. On this day, plaintiffs come by attorney, justice sent record that on that day, before RD and Thomas Conyers, parties came by attorneys, jury said that the bond was made by TS as claimed by plaintiffs. Damages assigned at 33s 4d, costs at 5m. Order that plaintiffs recover debt, and damages of 100s. TS to be taken.

Case notes: Continued on CP 40/824, rot 146d.

Court of Common Pleas, CP 40/823, rot. 379

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 33s 4d
Costs: 5m
Case type: Bond

Pleading: Hugh Kyngeston and Richard Tyngelden state that on 24 August 1464, in London, John Skynner made a bond with them in £83 6s 8d, payable at Christmas then next. They acknowledge satisfaction of £60 of this sum, but JS has not paid the remaining £23 6s 8d, to their damage of £10. They show the bond in court.

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

Pleading: [continued at Trinity 1467, rot 153d] JS states that the bond is not of his making. Parties on country, jury here at octave of St John the Baptist. Bond in custody of John Fogge.

Postea text: Sheriff did not send writ, to octave of Michaelmas 1467.

Postea text: Process continued, jury in respite to octave of Trinity 1468, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 31 May 1468. On this day, plaintiffs come by attorney, justice sent record that on that day, before RD and Thomas Conyers, parties came by attorneys, jury said that the bond was made by JS as claimed by plaintiffs. Damages assigned at 33s 4d, costs at 5m. Order that plaintiffs recover debt, and damages of 100s. JS to be taken.

Postea text: Plaintiffs come in person, acknowledge satisfaction of debt and damages. JS quit of these. JS came on same day in person and gave himself up to the Fleet prison on this matter. He was committed to the Fleet, and sought to make fine with the king, and this is allowed, by pledge of Thomas Strete and Richard Skynner.

Case notes: Continued on CP 40/824, rot 153d.

Court of Common Pleas, CP 40/823, rot. 381

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond; Contract (general)

Pleading: John Bredhill, rector of the church of St Nicholas in Calais, diocese of Therouanne ('Morinensis'), states that on 30 November 1463, in London, Ralph Hethcote made a bond with him in £40, payable at Easter then next, but has not paid, to his damage of 40m. He shows the bond in court.

Pleading: RH asks to hear the bond and the endorsement, and these are read in court. The condition of the bond is such that if RH should make to JB or his attorney a true and faithful account of all receipts and payments to the church of St Nicholas, Calais at Easter and Michaelmas, at the church of All Hallows the Great ('ad Fenum') in London, for three years after the date of this bond, and if he should pay all the surpluses in accordance with an agreement made between them, then the bond shall be cancelled. Having heard this, RH offers in court the other part of the indenture made between them specified in the endorsement, sealed with the seal of JB [recited in full, in Latin]. This indenture states that JB makes RH, chaplain of Calais, his proctor to administer the church of St Nicholas, Calais, and to receive all tithes etc pertaining to the church, according to letters of appointment, and it is also agreed that RH may occupy the said church for three years after the date of this agreement, rendering account to the rector or his attorney at Easter and Michaelmas each year at All Hallows the Great in London, and paying any surpluses, and for this JB agrees to pay RH 5m per year for his services, providing always that RH grant to JB by the present letters that he shall do his best to get the said rector inducted into this church before Easter then next. For this, JB promises to pay RH 10m for his labour immediately after he is inducted into the said church, and if RH is not able to get JB inducted into that church by the said Easter, then RH shall have and occupy the church in the manner specified above for the whole three years. Sealed on 30 November ('St Andrew') 1463. RH states that JB ought not have his action, since at the said feast of Easter 1464, in the church of All Hallows the Great in Dowgate ward, London, he offered JB a faithful account of all receipts and payments according to the agreement, and paid to him 20s, this being the surplus for the period from the said 30 November to the said Easter, and he was prepared to do this as agreed for the next two years, but neither JB nor his attorney appeared to hear the account on this day or any others.

Pleading: JB, protesting that RH received £20 from the income of the church between 30 November 1463 and Easter 1464 for which he did not account, states that RH received various sums of money from the oblations etc of the said church in the parish of St Nicholas [Shambles], Farringdon Within ward in London, namely 4d from the hand of James Dayvell and 4d from the hand of Richard Rovet, for which RH never made any account.

Pleading: RH states that he fully accounted with JB at the said feast of Easter in the church of All Hallows the Great concerning these sums and others according to the terms of the agreement. Enquiry by country, jury here at quindene of Trinity.

Postea text: Sheriff did not send writ, to octave of St John the Baptist 1467.

Postea text: Process continued, jury in respite to octave of Trinity 1468, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 27 May 1468. On this day, RH came by attorney, justices sent record that on that day, before RD and Thomas Danby, parties came by attorneys, jury said that RH fully accounted with JB concerning this 8d, as RH claimed. Order that JB take nothing, amerced for false claim. RH sent without day.

Case notes: See also CP 40/821, rot 523 for similar case against another defendant, probably a surety for Hethcote..

Court of Common Pleas, CP 40/823, rot. 398

Term: Easter 1467
County: Staffordshire
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John Cawardyn and his wife Margaret, widow of Thomas Hethe, state that on 6 July [thirty-[omitted] year of Henry VI], at Bloxwich, Thomas Mollesley bought from TH 12 oxen for £10, payable on request. Of this £10, JC and MC acknowledge payment of 63s 4d, but TM has not paid the remaining £6 16s 8d, either to TM during his lifetime or to Margaret, administrator of his goods, either before or after her marriage to JC, to their damage of 100s. They show in court the letters of administration of TH, by which MC has administration.

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

Postea text: 2 further licences to imparl, to octave of Hilary 1468.

Court of Common Pleas, CP 40/823, rot. 399

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Memorandum that on 11 May this term Eleanor Kyng presented a bill against John Nunny, attorney of this court, present here in court. EK seeks against John Nunny 50m which he owes and unjustly detains. EK states that on 12 November 1466, in London, JN made a bond with her in 50m, which she shows in court, payable at Christmas then next, but has not paid, to her damage of £20. Pledges to prosecute Thomas Doo and Richard Hert.

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

Case notes: See also other entry on this rotulet.

Court of Common Pleas, CP 40/823, rot. 399

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Memorandum that on 11 May this term Eleanor Kyng presented a bill against John Ferrers, attorney of this court, present here in court. EK seeks against John Ferrers 50m which he owes and unjustly detains. EK states that on 12 November 1466, in London, JF made a bond with her in 50m, which she shows in court, payable at Christmas then next, but has not paid, to her damage of £20. Pledges to prosecute Richard Doo and Henry Smyth.

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

Case notes: See also other entry on this rotulet.

Court of Common Pleas, CP 40/823, rot. 399d

Term: Easter 1467
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Memorandum that on 6 May this term Geoffrey Kydwelly presented a bill against John Kyghley, attorney of this court, present here in court. GK seeks against John Kyghley £50 which he owes and unjustly detains. GK states that on 4 September 1459, at Westminster, JK made a bond with him in £50, which he shows in court, payable at All Saints then next, but has not paid, to his damage of £20. Pledges to prosecute William Hert and Richard Mace.

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

Postea text: 5 further licences to imparl, to quindene of Michaelmas 1468.

Court of Common Pleas, CP 40/823, rot. 413d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Edmund Bulstrode states that on 18 April 1466, in London, John Swan made a bond with him in £30, payable at St Peter ad Vincula then next. He acknowledges payment of £10 of this debt, but JS has not paid him the remaining £20, to his damage of £10. He shows the bond in court.

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

Case notes: Parish given as St Michael, Bread Street ward, but that is impossible. See also similar cases on rot 320d, and on CP 40/824, rot 511.

Court of Common Pleas, CP 40/823, rot. 419d

Term: Easter 1467
County: London
Writ type: Debt (other)
Damages claimed: 20m
Case type: Real action / rents / damage to real estate

Pleading: Thomas Gay junior states that on 22 August 1464, in London, he demised to Roger Fayr a messuage, 100 acres of land, 20 acres of meadow and 100 acres of pasture in Mile End, to hold from Michaelmas then next for two years, at an annual rent of 8m, payable at Easter and Michaelmas in equal portions. By virtue of this RF held this property, but owes £8 for the second half of the first year and the whole of the second year, which is in arrears. However, he has not paid, to his damage of 20m.

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

Pleading: [continued at Hilary 1468, rot 431d] RF states that TG ought not maintain his action, as TG has already levied this £8 by distraint from the property concerned. Parties on country, jury here at quindene of Easter.

Postea text: 2 further licences to imparl, to quindene of Hilary 1468.

Case notes: Continued on CP 40/826, rot 431d.

Court of Common Pleas, CP 40/823, rot. 421

Term: Easter 1467
County: London
Writ type: Account
Damages claimed: £2000
Case type: Contract (service/employment); Reckoning of account

Pleading: George, archbishop of York, seeks against Vincent Clement that he render reasonable account for the time when he was receiver of the archbishop. The archbishop come by attorney, VC in person, day given at quindene of Trinity. Pledges named for defendant.

Pleading: [continued at Trinity 1467, rot 531] George, archbishop of Canterbury, states that on Vincent Clement was his receiver of money from 5 April 1464 for half a year, and in that time received, in the parish of St Benet, Bridge ward in London, by the hand of John Bardes, £3196 17s 4d to the trade and profit of the archbishop. For this VC was to render reasonable account, but he has not done so, to his damage of £2000.

Pleading: VC states that he was never receiver of the archbishop's money from JB as claimed. Parties on country. VC states that he is an alien, originating from Aragon under the allegiance of the king of Aragon, and seeks a writ to the sheriff of London to raise a jury of half aliens and half natives. This is granted. Sheriff to have jury here at octave of Michaelmas. Pledges named for defendant.

Postea text: Jury in respite to octave of Hilary 1468, when nothing was done until 9 February due to the numerous other pleadings pending here in the court, such that this plea could not continue. On that day, the archbishop came by attorney, VC did not come, but John Quyk presented letters patent of protection on his behalf, dated 2 February 1468 [cited in full, in Latin]. Therefore pleading remains without day.

Case notes: Main pleading in continuation on CP 40/824, rot 531.

Court of Common Pleas, CP 40/823, rot. 424d

Term: Easter 1467
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: John Grymston states that on 1 April 1462, in London, Robert Maycot borrowed 20m from him, payable on request, but has not paid, to his damage of 100s.

Pleading: RM granted licence to imparl to octave of Trinity [quindene entered later], with assent of JG. Pledges named for defendant.

Postea text: Further licence to imparl, to octave of Michaelmas 1467.

Postea text: JG came by attorney, RM did not come. Order that JG recover debt and damages of 20s. RM amerced. Take the pledges.

Postea text: Henry Sewall came and sought to make fine with the king; granted for 3s 4d. Pledges William Rawlyns and John Knot. HS quit and sent without day.

Court of Common Pleas, CP 40/823, rot. 442

Term: Easter 1467
County: Essex
Writ type: Debt (bond)
Damages claimed: 6m
Case type: Bond

Pleading: John Seytncleer states that on 1 April 1466, at Saffron Walden, John Tayllour made a bond with him and a certain Nicholas Broun, now deceased, in £3 16s 6d, of which 40s was due at St Peter ad Vincula then next, and the remaining 32s 6d [sic] at the feast of St Simon and St Jude then following, and he shows the bill in court [recited in full, in Latin]. However, he has not paid the said £3 16s 6d, either before or after the death of Nicholas, to his damage of 6m.

Pleading: JT granted licence to imparl to octave of Trinity, with assent of JS.

Pleading: [continued at Trinity 1467, rot 481] JT states that this indenture is not of his making. Parties on country, jury here at octave of Michaelmas. Bill in custody of John Fogge.

Case notes: Continued on CP 40/824, rot 481.

Court of Common Pleas, CP 40/823, rot. 446d

Term: Easter 1467
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 6s 8d
Case type: Bond

Pleading: Edmund Wyghton, attorney of the Bench, by the privileges of the ministers and officials of this court, states that on 20 August 1466, in London, Thomas Sortes made a bond with him in 46s 8d, payable at All Saints then next, but has not paid, to his damage of 40s. He shows the bond in court.

Pleading: TS, brought to the bar of the court by the sheriff of London, admits the action, that the bond is of his making and that he owes the said 46s 8d as claimed. Order that EW recover debt, and damages of 6s 8d. TS amerced. TS committed to the Fleet to stay until etc.