CP40/812: Easter term 1464

Court of Common Pleas, CP 40/812, rot. 042

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

Pleading: Isabel Darell states that on 26 November 1462, in London, she delivered to Arthur Ormesby for safe-keeping a certain document, which stated that Thomas Dayrell released and quit-claimed to ID, his mother, all personal actions, suits, etc. outstanding before the feast of St Katherine the Virgin then last past. This was to be returned to ID on request, but he has not done so, to her damage of £10.

Pleading: AO, presenting the document in court to be delivered as the court orders, states that the document was delivered to him as claimed by both ID and TD, under certain conditions, to be returned to ID or TD under those conditions. However, he does not know whether these conditions have been met on the part of TD, and asks that TD be forewarned. Order that the sheriff warn TD to be here at the quindene of Trinity, to show any reason why the document should not be delivered to ID. Same day given to parties.

Court of Common Pleas, CP 40/812, rot. 042d

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

Pleading: Isabel Darell states that on 26 November 1462, in London, she delivered to John Sulyard for safe-keeping a certain document, which stated that she released and quit-claimed to Thomas Dayrell, her son, all personal actions, suits, etc. outstanding before the feast of St Katherine the Virgin then last past. This was to be returned to ID on request, but he has not done so, to her damage of £10.

Pleading: JS, presenting the document in court to be delivered as the court orders, states that the document was delivered to him as claimed by both ID and TD, under certain conditions, to be returned to ID or TD under those conditions. However, he does not know whether these conditions have been met on the part of TD, and asks that TD be forewarned. Order that the sheriff warn TD to be here at the quindene of Trinity, to show any reason why the document should not be delivered to ID. Same day given to parties.

Court of Common Pleas, CP 40/812, rot. 048d

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

Pleading: Robert Twygge states that on 4 September 1460, in London, William Ingram made a bond with him in £25, payable at All Saints then next, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: WI states that this bond is not of his making. Parties on country, jury here at octave of Trinity. Bond in safe-keeping of John Fogge.

Court of Common Pleas, CP 40/812, rot. 059

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

Pleading: John Blofeld states that on 26 August 1462, at Westminster, James Whytyngton made a bond with him in 100s, payable at Easter then next, but has not paid, to his damage of 5m. He shows the bond in court.

Pleading: JW appears in person [no further pleading].

Court of Common Pleas, CP 40/812, rot. 094

Term: Easter 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Arbitration; Sale of goods

Pleading: Robert Tyncok states that on 6 May 1459, in London, Robert Hayward bought from him six quarters of malt for 40s, payable on request, but has not paid, to his damage of 5m.

Pleading: RH states that RT ought not have his action, as after the purchase of this malt, there were various quarrels between RH and RT over this and other previous matters, and for these RH and RT agreed to stand in the arbitration of [omitted] and [omitted], arbiters, on all these matters. The arbiters accepted this, and adjudged that RH should pay 26s 8d to RT in full satisfaction of this debt and all others outstanding between them. RH immediately paid this sum to RT, in full satisfaction of these matters, and was quit.

Pleading: RT states that the arbiters [names again omitted] never made any such arbitration as claimed. Enquiry by country, jury here at quindene of Trinity.

Court of Common Pleas, CP 40/812, rot. 094d

Term: Easter 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Sale of goods

Pleading: Ralph Kempe states that on 16 November 1460, in London, John Bescome bought from him 140 ells and two quarters of linen cloth called 'Brabant cloth' for £4 12d, payable on request, but has not paid, to his damage of 5m.

Pleading: JB granted licence to imparl to octave of Trinity, with assent of RK.

Pleading: [continued at Michaelmas 1464, rot 23d] JB states that he does not owe RK this £4 12d or any money as claimed. Parties on country, jury here at morrow of All Souls.

Case notes: Continued on CP 40/813, rot 23d. 'Two quarters' omitted from that entry.

Court of Common Pleas, CP 40/812, rot. 094d

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

Pleading: John Yong, John Raby, John Leynton and Thomas Smyth, executors of William Venour, state that on 14 February 1458, in London, William Martyn made a bond with William Venour, now deceased, in 10m, payable at Pentecost then next. However, he has not paid, either to WV or his executors, to their damage of 100s. They show the bond in court. [Marginal note that it is recorded by Richard Chok that the testamentary letters were not entered in the pleading.]

Pleading: WM states that this bond is not of his making. Parties on country, jury here at octave of Trinity. Bond in safe keeping of John Fog.

Postea text: Pleading adjourned to quindene of Michaelmas 1464; sheriff did not send writ, to the morrow of All Souls 1464.

Court of Common Pleas, CP 40/812, rot. 108

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

Pleading: John May and Walter Williamson state that on 2 August 1462, in London, Henry Sutyll made a bond with them in 40s, payable at St Peter ad Vincula then next, but has not paid, to their damage of 100s. They show the bond in court.

Pleading: HS states that this bond is not of his making. Parties on country, jury here at morrow of Ascension. Pledges named for defendant.

Court of Common Pleas, CP 40/812, rot. 109

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

Pleading: Ralph Ryplyngham and John Ynkepen state that on 3 September 1462, in London, Robert Danyell made a bond with them in £10, payable at Michaelmas then next, but has not paid, to their damage of 20m. They show the bond in court.

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

Postea text: Adjournment to quindene of Michaelmas 1464. 22 further licences to imparl to quindene of Trinity 1470.

Court of Common Pleas, CP 40/812, rot. 109d

Term: Easter 1464
County: London
Writ type: Debt (other)
Damages claimed: 4m
Case type: Real action / rents / damage to real estate

Pleading: John Baron states that on 10 October 1461, in Castle Baynard ward in London [parish omitted], he demised to Robert Denter a messuage with appurtenances in [omitted], to hold from that date for two years, at an annual rent of 20s, payable at [omitted]. RD occupied this property for that period, and owed 40s in rent, but has not paid, to his damage of 4m

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

Court of Common Pleas, CP 40/812, rot. 120d

Term: Easter 1464
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Moses Contaryn states that on 12 June 1461, in London, Angelus Aldobrand accounted with him before John Broune and Robert Lucas, auditors, concerning various sums of the money of MC received on account by AA before that date. Upon this account, AA was found to be in arrears to MC by £20, but he has not paid, to his damage of £20.

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

Pleading: [continued at Michaelmas 1464, rot 199d] AA states that MC ought not have his actions, as he did not account before these auditors concerning these sums of money as claimed by MC. Parties on country, jury here at quindene of Hilary.

Postea text: [on CP 40/813, rot 199d] Sheriff did not send writ, to quindene of Easter 1465.

Case notes: Continued on CP 40/813, rot 199d.

Court of Common Pleas, CP 40/812, rot. 123

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

Pleading: Richard Andrewe states that on 20 July 1448, in London, John Knyght made a bond with him and a certain John Yeldam, now deceased, in £9 13s 4d, payable at Michaelmas then next. However, he has not paid, either to RA or JY before his death, to his damage of 100s. He shows the bond in court.

Pleading: JK appears by attorney and defends force and injury [no further pleading].

Court of Common Pleas, CP 40/812, rot. 131

Term: Easter 1464
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Damages awarded: 40s
Costs: £4
Case type: Bond; Loan

Pleading: Thomas Hillard and his wife Ellen, widow and executor of John Possemore, state that on 20 November 1453, in London, William Reynold, now deceased, made a bond with John Possemore, also now deceased, in £55 6s 8d, payable on 1 December then next, and also borrowed a further £8, payable on request. However, these sums were never paid, either by WR or his executors, to JP or his executor, to their damage of £20. They show the bond in court, and the testamentary letters of JP, by which EH is executor and has administration.

Pleading: Thomas Reynold, executor of WR, and John Spencer and his wife Margery, co-executor with TR of WR, state that concerning the £8 loan, the matter given in the pleading is not sufficient in law to force them to make a response, and they seek judgment if the plaintiffs continue. Concerning the bond, they state that the plaintiffs ought not have their action, as after the making of the bond JP, as JP of Stratford at Bow in Middlesex, baker, by a document which the defendants show in court, made in the parish of St Christopher, Broad Street ward, London on 29 November 1453, acknowledged receipt of £8 of this debt from JP, in part payment of the original debt of £55 6s 8d. [There then follows similar details of 14 more acquittances; £10 received by JP from WR on 29 March 1454; 53s 4d received by JP from WR on 8 May 1454; £4 6s 8d received by JP from WR on 26 February 1456; 7m received by EH and Thomas Possemore, now deceased, her fellow executor, from WR on 30 April 1456; 33s 4d received by EH and TH from WR on 22 October 1456; 4m received by EH from WR on 23 May 1457; 53s 4d received by EH and TH from WR on 28 April 1458; 53s 4d received by EH and TH from WR on 12 October 1458; 53s 4d received by EH and TH from WR on 10 November 1458; 53s 4d received by EH and TH from WR on 4 May 1459; 53s 4d received by EH and TH from WR on 2 November 1458; 53s 4d received by EH and TH from Margery on 18 June 1460; 53s 4d received by EH and TH from Margery on 18 October 1460; and 53s 4d received by EH and TH from Margery on 16 April 1461.] They state that all these acquittances were issued for sums paid towards this original debt of £55 6s 8d, which was thus paid in full.

Pleading: TH and EH state that concerning the £8 loan, since their plea was sufficient, and the defendants did not deny this, they seek judgment and the debt and damages. And concerning the various acquittances, they state that concerning all but the acquittance for £8 they do not need to answer, and seek judgment and the debt of £47 6s 8d with damages. Concerning the £8 acquittance, they state that they should not be excluded from any parcel of the original £55 6s 8d by virtue of this acquittance, since before the making of the bond WR was indebted to JP in £63 6s 8d for various lands and tenements in Doddinghurst bought by WR from JP, for which it was agreed that WR would pay JP £8 in his hand as security for the remaining £55 6s 8d. Therefore, on the day of the making of the bond, upon payment of the said £8, JP made this acquittance to WR in £8, in exoneration of the extra £8, and not in £8 of the remaining £55 6s 8d.

Pleading: TR, JS and MS state that JP made this acquittance of £8 to WR in exoneration of £8 of the said £55 6s 8d contained in the bond, as they claimed. Parties on country. They also say that since they presented the other acquittances in exoneration of the other £47 6s 8d, which TH and EH did not deny nor make any response to, they seek judgment and that TH and EH be precluded from their action on this sum. Since the justices wish to be advised before proceeding to judgment, day is given at the octave of Trinity. Concerning the trying of the £8 loan, sheriff to have jury here at the same term.

Postea text: Pleading adjourned to quindene of Michaelmas 1464. 2 further posteas, days given at morrow of All Souls 1464 and octave of Hilary 1465.

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 5 February 1465. On this day, TH and EH come by Thomas Adams, defendants by WF, RD sent record that on that day, before RD and Thomas Danby, parties came by attorneys, jury say that JP did not make this acquittance of £8 to WR in exoneration of £8 of this £55 6s 8d, as TH and EH have claimed. Damages assigned at 40s, and 13s 4d for the detention of the £8 loan, and £4 for the detention of the £47 6s 8d, costs at £4. Many of the charges then withdrawn, so order that TH and EH recover the £8 debt from the goods and chattels of WR in the hands of the executors, and damages and costs of £6 from those goods if they are sufficient, and from the lands and chattels of the executors themselves if not. Defendants amerced.

Court of Common Pleas, CP 40/812, rot. 138

Term: Easter 1464
County: London
Writ type: Debt (other)
Damages claimed: £40
Damages awarded: 40s
Case type: Bond; Debt

Pleading: James Caton states that on 16 May 1463, in the court of King's Bench at Westminster, he prosecuted a certain bill against Thomas Astell, then in the custody of the marshal of the Marshalsea, charging that he should pay him £100 which he owed him, namely that on 19 October 1461, in the parish of St John the Evangelist in Bread Street ward, London, TA made a bond with him in £100 which he showed in that court, payable at All Saints then next, but had not paid, to his damage of £20. TA appeared in person, and having heard the bill said that he should not owe this debt as at the time of the making of the bond he was under the age of 21. JC said that at the time TA was of full age and over 21, but TA denied this and placed himself on the country. JC did likewise, and a jury was summoned to be before the king at Westminster on the Wednesday after the octave of Trinity then next (15 June 1463). Process then continued and the jury was placed in respite to Saturday 25 June 1463, nisi prius they came before John Markham, CJKB on Wednesday 22 June 1463 at St Martin le Grand. On the Saturday, JC came, justices sent record that on that day, before JM and William Porter, parties came, jury said that at the time of the making of the bond, TA was of full age and not a minor, as JC had stated. Damages were assigned to JC at 40s, and costs at 26s 8d, and it was ordered that JC should recover from TA both the debt and the damages, amounting in total to £103 6s 8d. However, TA has not paid this sum, to his damage of £40.

Pleading: TA states that he ought not owe this debt, as he has no such record as claimed by JC.

Pleading: JC states that he has such a record as he claimed. Order the JC have this record here at Easter five weeks.

Pleading: At Easter five weeks, parties come, JC shows the court a writ close of the king to his justices, 2 May 1464 [recited in full], sending the tenor of the earlier pleading to the justices and ordering them to hear the case. The tenor of the earlier case is as follows, taken from the pleas before the king, Easter term 1463, rot 83 [details recited in full, as given in JC's initial pleading, including names of pledges]. Having heard this, and examined the writ and record, the justices accept this and order that JC recover this £103 6s 8d from TA as claimed, and damages of 40s. TA amerced. JA then says that TA made a certain enfeoffment of his lands and tenements in London and a gift of his goods and chattels to various people by collusion with them, in order to keep them to his own profit. He also says that TA then fled to sanctuary in St Martin le Grand, and is living there off the profits of his property. He asks that a writ of enquiry be sent to the sheriff of London, and this is granted, returnable at the quindene of Trinity 1464.

Postea text: Pleading adjourned to quindene of Michaelmas. On that day, JC came, sheriff sent that an inquisition was taken before him at the Guildhall on 29 May 1464, where it was found that TA was seised of two messuages with appurtenances now in the hands of John Aston, saddler, with an alley adjacent to the west called 'Sewale Alley' alias 'Lincoln Alley', in which are one shop, three chambers and two houses called 'tenantries', and a garden lying between a tenement called 'Trystys' to the east and a tenement pertaining to the saddlers guild of London ('arti sellar' London') to the west, and the southern end of which lies on the king's highway of Westcheap, all in the parish of St Vedast. He was also seised of two messuages in Gutter Lane in St Vedast parish, lying between the tenement of the Dean and Chapter of St Martin le Grand to the north and the tenement of the goldsmiths to the south, with the western head lying on the street of Gutter Lane, and also certain tenements lying in Horn Alley in the parish of St Botolph without Aldersgate, namely at the eastern end of that alley one capital messuage with stables and garden and an appurtenant tenantry with garden, another tenantry with garden lying to the north of the alley, four cottages adjacent to the tenantry, and two messuages lying in Aldersgate to the north of the alley, and six cottages, one house and a chamber built above called a 'storehouse' lying to the south of the alley, which tenements lying in Horn Alley lay between the tenement called 'The Horn' to the south and the tenement pertaining to the chantry called 'Mores chantry' in the Pardon Churchyard of St Paul's to the north, the western end of which abutted onto Aldersgate. JC then brought his case of debt of £103 6s 8d, which continued until JC had judgment to recover this and the said 40s damages. TA then, plotting to prevent JC from recovering these sums, made a collusive enfeoffment to Hugh Wyche, Matthew Phelip, Arthur Ormesby, John Lambourne, John Aston, saddler, and Robert Grayrigge, in order to prevent JC from his recovery, but still receiving the income, contrary to the statute. He then fled to sanctuary at St Martin le Grand, living off the income from these properties, valued at £15 12d annually. They also sat that at the time of the gift TA had no goods or chattels. Day is given to JC at the octave of Hilary to hear the consideration of the justices.

Postea text: JC came in person and sought a writ to the sheriff of London to deliver to him all TA's goods and chattels in his bailiwick, except oxen and plough beasts, and a moiety of the tenements as found by the inquisition, as his free tenement until the debt and damages are paid, and this is granted, returnable at the quindene of Easter 1465.

Postea text: JC came, sheriff said that a moiety of the tenements had been delivered to JC according to the writ, but that TA had no goods and chattels in his bailiwick which he could deliver.

Case notes: Debt of damages awarded in earlier case.

Court of Common Pleas, CP 40/812, rot. 183d

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

Pleading: Thomas Kymbell states that on 3 November 1457, in Northampton, Alice, wife of John Felde and formerly wife of John Kymbell, made a bond with him in £40, payable at Christmas then next, but she and her husband JF have not paid, to his damage of 100s. He shows the bond in court.

Pleading: JF and AF granted licence to imparl to quindene of Trinity, with assent of TK.

Court of Common Pleas, CP 40/812, rot. 236

Term: Easter 1464
County: London
Writ type: Debt (account)
Damages claimed: 5m
Case type: Reckoning of account

Pleading: John Ryver states that on 20 January 1460, in London, John Colyngborne, alias Hans Roklyn, accounted with him for various sums of money of JR received on account by JC before that time, and on this was found to be in arrears to JR in 100s. However, he has not paid, to his damage of 5m.

Pleading: JC states that he does not owe JR this 100s or any money as claimed. Order that he wager his law at quindene of Trinity; pledges for law named.

Postea text: Adjourned to quindene of Michaelmas. JR made essoin to morrow of All Souls 1464. On that day, JC came, JR did not prosecute his writ. He and pledges to prosecute amerced, JC sent without day.

Court of Common Pleas, CP 40/812, rot. 236d

Term: Easter 1464
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Imprisonment

Pleading: John Laweley states that on 19 November 1463, in London, Richard Walwyne and Robert Coton forcibly assaulted him, and imprisoned him for three days until he made a fine with them in 40s for his release. This was against the peace, and to his damage of £20.

Pleading: RW and RC granted licence to imparl to quindene of Trinity, with assent of JL.

Postea text: One adjournment and 3 further licences to imparl, to octave of Trinity 1465.

Court of Common Pleas, CP 40/812, rot. 236d

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

Pleading: Henry Webster states that on 6 August 1463, in London [parish and ward omitted], Richard Lamleder bought from him 60 pike ('dentrices') for 53s 4d, payable on request, but has not paid, to his damage of 40s.

Pleading: RL granted licence to imparl to octave of Trinity, with assent of HW.

Court of Common Pleas, CP 40/812, rot. 251

Term: Easter 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Damages awarded: 30s
Case type: Sale of goods

Pleading: Edward Pygott states that on 10 May 1458, in London, Elizabeth, wife of Peter Hous, when she was a single woman, bought from him 160 hides of grey, and 30 hides called 'rygges' of grey for 48s 1½d. Also, on 16 September 1460, she bought 42 hides of budge and 10 black lamb hides for a further 30s 8d, and on 8 March 1461 she bought 300 miniver skins, 57 ermine skins, 7 marten skins and 3 skins of white leather for £3 16s 8d, all payable on request. However, Elizabeth has not paid for any of these items, either before or after her marriage to PH, to his damage of £10.

Pleading: PH and EH granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1465, rot 307d, with corrections and alterations] PH and EH state that they do not owe EP this £7 15s 6½d or any money as claimed. Order that they wager their law at octave of Michaelmas. Pledges for law named. Attorney to have defendants here on that day.

Postea text: One adjournment and 3 further licences to imparl, to octave of Trinity 1465.

Postea text: [on CP 40/816, rot 307d] EP came by attorney, PH and EH did not come to make their law. Order that EP recover debt, and damages and costs of 30s. PH and EH amerced.

Case notes: Figures do not add up - sum total claimed is incorrect in first pleading, but corrected in second, but sum total is still 1d short. Continued on CP 40/816, rot 307d (damages there claimed at 10m).

Court of Common Pleas, CP 40/812, rot. 251d

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

Pleading: William Ryghtwys and John Cok state that on 2 April 1460, in London, William Thomson made a bond with them in 5m, payable at St Peter ad Vincula then next, but has not paid, to their damage of 100s. They show the bond in court.

Pleading: WT states that this bond is not of his making. Parties on country, jury here at octave of Trinity. Pledges named for defendant.

Case notes: See also rot 317d.

Court of Common Pleas, CP 40/812, rot. 257d

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

Pleading: Thomas Hill and John Boteller, executors of Thomas Swepston, and Richard Joynour and his wife Marion, former wife and executor of TS, state that on 20 September 1462, in London [parish and ward omitted], as shown by a certain bill, William Petyte had accounted with TS, now deceased, in all matters and owed TS £4 6s on 20 December. However, WP has not paid, either to TS or to his executors, before or after Marion's marriage to RJ, to their damage of 100s. They show the bill in court, and the testamentary letters of TS, by which TH, JB and Marion are executors and have administration.

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

Court of Common Pleas, CP 40/812, rot. 259

Term: Easter 1464
County: London
Writ type: Debt (bond)
Damages claimed: £50
Case type: Bond

Pleading: Thomas Eyre, son of Simon Eyre, states that on 8 March 1449, in London [parish and ward omitted], William Halome made two bonds with him, each in £12 6s 8d, one payable at Easter 1450 and the other at Easter 1451. However, WH has not paid either debt, to his damage of £50. He shows the bonds in court.

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

Court of Common Pleas, CP 40/812, rot. 259d

Term: Easter 1464
County: Suffolk
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John de Lameson and Bedaw Barrere state that on 19 November 1463, in Ipswich, Thomas Yonge made a bond with them in £24, payable at the Purification then next. However, he has not paid, to their damage of £40. They show the bond in court.

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

Postea text: One adjournment and 20 further licences to imparl, to quindene of Michaelmas 1469.

Court of Common Pleas, CP 40/812, rot. 277d

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

Pleading: Angelo Donato de Aldebrand states that on 27 November 1453, in London, Richard clerk, now deceased, made a bond with him in £9 13s 4d, payable at Lady Day then next. However, RC did not pay this during his lifetime, and nor have his administrators, the defendant William Peer or his fellow administrator Philip Water, appointed by the ordinary, Reginald, bishop of Coventry and Lichfield. This was to his damage of £20. He shows the bond in court.

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

Pleading: [continued at Michaelmas 1464, rot 352] WP, by ED, states that he should not owe this debt by this bond, since he states that the plaintiff, by the name of Angelo Aldebrande, at Coventry, by a release which he shows in court, dated 20 November 1457, released and quitclaimed to RC all real and personal actions outstanding between them.

Pleading: AD states that this release is not of his making. Enquiry by country, sheriff of Coventry to have jury here at octave of Hilary. Release in safe custody of John Fogge.

Postea text: [on CP 40/813, rot 352] 6 posteas, sheriff did not send writ, to octave of Hilary 1467.

Case notes: Continued on CP 40/813, rot 352.

Court of Common Pleas, CP 40/812, rot. 287d

Term: Easter 1464
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Taking of goods

Pleading: William Drayton states that on 12 March 1463, in London, Richard Tomlyn forcibly took and carried away goods and chattels of his worth £10, namely one scarlet gown lined with marten fur, another gown lined with grey, a silver salt-cellar with a silver lid, and a silver box called a 'powdyr box', against the peace and to his damage of 20m.

Pleading: RT granted licence to imparl to octave of Trinity. RT appoints John Goldewell in his place, with the assent of WD.

Postea text: One adjournment and 4 further licences to imparl, to quindene of Michaelmas 1465.

Court of Common Pleas, CP 40/812, rot. 295d

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

Pleading: Robert Drope states that on 8 November 1460, in London, John Penfon made a bond with him in £7 13s, payable at the vigil of the Purification then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JP granted licence to imparl to octave of Trinity, with assent of RD.

Pleading: [continued at Michaelmas 1464, rot 147] JP states that he ought not owe this debt, as the bond is not of his making. Parties on country, jury here at octave of Hilary. Bond in safe-keeping of John Fogge.

Postea text: 10 posteas, sheriff did not send writ, to octave of Trinity 1467.

Case notes: Continued on CP 40/813, rot 147.

Court of Common Pleas, CP 40/812, rot. 302d

Term: Easter 1464
County: London
Writ type: Debt (sale of goods)
Damages claimed: 4m
Case type: Sale of goods

Pleading: Hugh Brice states that on 2 January 1461, in London, John Bartlot [bought from him] one gold ring containing a ruby, another gold ring with a 'hanger', and another gold ring called a signet, all for 40s. However, JB has not paid this, to his damage of 4m.

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

Pleading: [continued at Michaelmas 1464, rot 104d] JB states that he does not owe HB this 40s or any money as claimed. Order that he wager his law at octave of Hilary 1465. Pledges for law named. Attorney to have defendant here at that term.

Case notes: Continued on CP 40/813, rot 104d. Some words accidentally omitted from original pleading by scribe, but inserted in later pleading. Damages claim changed to 40s in later pleading.

Court of Common Pleas, CP 40/812, rot. 308d

Term: Easter 1464
County: London
Writ type: Debt (bond)
Damages claimed: 6s 8d
Damages awarded: 6s 8d
Case type: Bond

Pleading: John Derby states that on 24 April 1459, in London, Edward Catan made a bond with him in 50m, payable at Lady Day 1461. However, he has not paid, to his damage of 6s 8d. He shows the bond in court.

Pleading: EC admits the action, and that he made the bond and owes this money. Order that JD recover this 50m from EC, and damages of 6s 8d. EC amerced.

Postea text: JD came by attorney and acknowledged satisfaction of this debt and the damages. EC quit.

Court of Common Pleas, CP 40/812, rot. 317d

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

Pleading: William Rightwys and John Cok state that on 2 April 1460, in London, William Thomson made a bond with them in 5m, payable at St Peter ad Vincula then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: WT states that this bond is not of his making. Parties on country, jury here at quindene of Trinity. Pledges named.

Postea text: Adjournment to Michaelmas 1464. 10 further posteas, sheriff did not send writ, to quindene of Easter 1467.

Case notes: See also rot 251d.

Court of Common Pleas, CP 40/812, rot. 318d

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

Pleading: Gerardus Gacian and John Bardy state that on 1 August 1462, in London, William, abbot of Winchcombe, made a bond with them in £30, payable at the Purification then next, but has not paid, to their damage of £10. they show the bond in court.

Pleading: Abbot William is granted licence to imparl to quindene of Trinity.

Postea text: One adjournment and two further licences to imparl, to quindene of Easter 1465.

Court of Common Pleas, CP 40/812, rot. 325

Term: Easter 1464
County: London
Writ type: Detinue
Damages claimed: £20
Damages awarded: £100 6s 8d
Costs: 106s 8d
Case type: Contract (general); Detention of goods; Safe keeping

Pleading: John Thornekyn was summoned to answer William Hyot on a plea that he render to him two documents which he unjustly detains. WH states that on 10 December 1462, in London, he delivered to John Thornekyn two documents for safe-keeping. The first document stated that WH, as rector of Netteswell in Essex, was bound to a certain William Atkynson, rector of Coberley by Cheltenham in Gloucestershire in £100, and the other that WA, as rector of Coberley, was bound to WH in £100. These were to be returned on request, but JT has not done so, to his damage of £20.

Pleading: JT was also summoned by another writ to answer William Atkynson on same plea [as above].

Pleading: JT appears in person and defends both suits. He presents the bonds in court, to be delivered to WH or WA as the court orders. He states that on the day concerned, the bonds were delivered to him for safe-keeping as stated by both plaintiffs, to be returned to one or both of them under certain conditions. However, whether the bonds should be returned to WH or to WA he does not know, and asks that they discuss this matter between themselves. The court orders that WA should respond first, as WH brought his writ against JT first.

Pleading: WA granted licence to imparl to octave of Trinity, with assent of WH. Same day given to WH and JT.

Pleading: [continued at Michaelmas 1464, rot 494] Pleading adjourned by writ to quindene of Michaelmas. On this day, parties came, WH seeks delivery against JT. WA states that delivery of the documents should pertain to him and not WH, since the documents were delivered to JT for safe-keeping on the day specified by both him and WH, under the condition that if WH should, before the feast of the Purification then next (2 February 1463) obtain and deliver to WA in the Guildhall in London a presentation to the church and rectory of Netteswell with all appurtenances, so that WA should have full possession, and if WA should deliver to WH similar presentation to Coberley, and if WH should permit WA to take all his goods, chattels and grain from Coberley at his pleasure before that feast, then each shall have their own bond returned to them. However, if either should not implement their side of this agreement, then both bonds should be delivered to the one who has implemented his side. WA states that before the said feast of the Purification, in the parish of St Michael [le Querne] in Farringdon Within ward, London, he resigned his church of Coberley into the hands of John, bishop of Worcester, ordinary of that place, in the presence of John Baron alias Barker, clerk of Coventry and Lichfield diocese, notary public of apostolic and imperial authority, in exchange for the church of Netteswell. Further, he states that before the said feast, in the Guildhall in London, situated in the parish of St Lawrence Jewry in Cheap ward, he offered to WH the letters of presentation from Giles Burges, the patron of the church, made in that parish of St Lawrence, presenting WH to the vacant church of Coberley. However, WH refused the letters. WA also states that WH did not offer him any letters of presentation to the church of Netteswell before the said feast of the Purification, according to the form of the agreement.

Pleading: WH states that he should have delivery of the bonds, not WA, since he states that they were delivered to JT on the said day by both he and WA under the condition that if, before the said feast of the Purification, WH should deliver to WA at Netteswell in Essex, legal presentment to the said church and rectory of Netteswell, etc, and if WA should deliver WH similar presentation to Coberley, also at Netteswell, then they should have their own bonds back, but if one should default then both bonds should be delivered to the one implementing the agreement. WH states that before the said feast, in the parish of St Faith in Farringdon Within ward, London, he resigned his church of Netteswell into the hands of Thomas, bishop of London, ordinary of that place, thus creating a vacancy, and afterwards John, abbot of Waltham, patron of the church of Netteswell, at Waltham Holy Cross in Essex, issued letters of presentation to this church to WA, which WH, on 30 January 1463, was prepared to deliver to WA at Netteswell, but WA did not come to receive them on that day or at any day between 10 December 1462 and the said feast of the Purification. WH states that the bonds were not delivered to JT on the condition alleged by WA.

Pleading: WA repeats that the bonds were delivered to JT on the conditions he had earlier recited. Parties on country, jury here at the octave of Hilary 1465.

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

Postea text: Process continued, jury in respite to quindene of St John the Baptist 1465, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 2 July 1465. On this day, WH came by attorney, justices send record that on that day, before RD and Thomas Danby, WH and WA came in person, jury said that the bonds were not delivered to JT under the conditions alleged by WA, as WH claimed. Damages assigned to WH, in the event that WH has delivery of the bonds, at 26s 8d, and costs at 106s 8d; and in the event that WH does not have delivery of the bonds, damages are awarded at £100 6s 8d for each bond not delivered. Order that WH recover the documents and damages of 26s 8d from WA, or the said £100 6s 8d for each bond not delivered, and the costs of 106s 8d, and he is to have delivery of the bonds from JT. WA amerced.

Case notes: Entry deals with two parallel pleadings, on separate writs. See also CP 40/810, rot 30, for earlier related pleading in this case. Continued on CP 40/813, rot 494. See also related suits on CP 40/814 rot 125 and CP 40/816, rot 337.

Court of Common Pleas, CP 40/812, rot. 329

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

Pleading: Richard Andrewe states that on 20 July 1448, in London, Richard Knyght made a bond with him and a certain John Yeldam, now deceased, in £9 13s 4d, payable at Michaelmas then next. However, he has not paid, either during the lifetime of JY or afterwards, to his damage of 100s. He shows the bond in court.

Pleading: RK, by attorney, defends force and injury [no further pleading recorded].

Case notes: See also rot 329d.

Court of Common Pleas, CP 40/812, rot. 329d

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

Pleading: Richard Andrewe states that on 20 July 1448, in London, Geoffrey Collys made a bond with him and a certain John Yeldam, now deceased, in £9 13s 4d, payable at Michaelmas then next. However, he has not paid, either during the lifetime of JY or afterwards, to his damage of 100s. He shows the bond in court.

Pleading: RK, by attorney, defends force and injury [no further pleading recorded].

Case notes: See also rot 329.

Court of Common Pleas, CP 40/812, rot. 341

Term: Easter 1464
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods

Pleading: John Maunche states that on 14 November 1462, in London, William Seyntegeorge made a bond with him in 40m, 20m being payable at Easter then next and 20m at the following Easter. However, he did not pay, to his damage of £20. He shows the bond in court.

Pleading: WS asks to hear the bond, and this is read in court [recited in full, in English, in the terms given, specifying that payment was to be made to John Mannyngham]. Having heard this, WS states that he should not owe this debt, since before the making of the bond Maunche delivered to WS a certain gold cross called a crucifix, with a precious stone set in it which Maunche said was a ruby, for which WS was to pay 40m if the stone was indeed a ruby. For this, WS entered into the bond as claimed, on the condition that if the stone was not a ruby, then the bond would be cancelled. He states that he is a man of little learning, and that the bond was read to him as containing this condition, and he, believing this, sealed it. He therefore states that this bond, without this condition, is not of his making. Parties on country, jury here at quindene of Trinity. Bond to remain in safe custody of John Fogge.

Court of Common Pleas, CP 40/812, rot. 343

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

Pleading: John Haynes and William Shukburgh state that on 25 March 1461, at Westminster, Robert Bray made a bond with them in 41s 6d, payable on 24 March then next, but has not paid, to their damage of 10m. They show the bond in court.

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

Postea text: Case adjourned to quindene of Michaelmas 1464. Further licence to imparl, to octave of Hilary 1465.

Court of Common Pleas, CP 40/812, rot. 345d

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

Pleading: Thomas Turke states that on 14 October 1463, in London, William Accland made two bonds with him, each in 66s 8d, payable at Christmas and Easter then next. However, NC has not paid either bond, to his damage of 100s. He shows the bonds in court.

Pleading: WA granted licence to imparl to octave of Trinity, with assent of TT.

Court of Common Pleas, CP 40/812, rot. 345d

Term: Easter 1464
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 6s 8d
Costs: 53s 4d
Case type: Bond; Imprisonment

Pleading: Thomas Turke states that on 14 October 1463, in London, Nicholas Carreu made two bonds with him, each in 66s 8d, payable at Christmas and Easter then next. However, NC has not paid either bond, to his damage of 100s. He shows the bonds in court.

Pleading: NC granted licence to imparl to octave of Trinity, with assent of TT.

Pleading: [continued at Michaelmas 1464, rot 314] NC states that TT ought not maintain his action, since at the time of the making of the bonds he was imprisoned by TT and his associates in that parish and ward, and detained there until he made these bonds under duress and coercion.

Pleading: TT denies this, stating that at the time of the making of the bonds NC was free and not imprisoned, and made the bonds freely and not under any duress or coercion. Enquiry by country, jury here at the morrow of All Souls.

Postea text: [on CP 40/813, rot 314] Sheriff did not send writ, to octave of Martinmas 1464.

Postea text: Process continued, jury in respite to octave of Hilary, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 25 November 1464. On this day, parties came by attorneys, RD sent record that on that day, before RD and Thomas Danby, parties came by attorneys, jury said that at the time of the bonds NC was not imprisoned, and made the bonds freely and not under any duress or coercion. Damages assigned at 6s 8d, costs at 26s 8d. Order that TT recover debt and damages, and a further 26s 8d costs assigned by the court, to a total of £3. NC amerced.

Case notes: Continued on CP 40/813, rot 314.

Court of Common Pleas, CP 40/812, rot. 353d

Term: Easter 1464
County: London
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas Nyche states that Thomas Gous was his receiver of money in the parish of St Margaret Lothbury in London from Michaelmas 1459 until Michaelmas 1460. During that time TG received from the hands of TN 100s to the trade and profit of TN, for which he was to make reasonable account to TN on request. However, TG has not done so, to his damage of £10.

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

Postea text: One adjournment and one further licence to imparl, to octave of Martinmas 1464.

Court of Common Pleas, CP 40/812, rot. 356d

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

Pleading: John Bryce states that on 11 March 1464, in London, John Crowchard made a bond with him in £11, payable at Lady Day then next, but has not paid, to his damage of £20. He shows the bond in court.

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

Pleading: [continued at Michaelmas 1464, rot 309] JC seeks to hear the bond and conditions, and these are read. The condition of this bond is such that if the within-obliged Andrew [Thomas] and JC should pay JB £11 as follows, namely 20s at Lady Day 1464, 20s at the Nativity of St John the Baptist 1464, 20s at Michaelmas 1464, 20s at Christmas 1464, and so on until the full £11 is paid, then the bond shall be cancelled, but if they default in any payment, or at any feast, then it shall remain in force. Having heard and understood this, JC states that JB ought not maintain his action, as at the said Lady Day, in the parish of St Lawrence Jewry in Cheap ward, London, on the orders of Matthew Phelyp, then mayor of London, JB ordered JC to pay the 20s which he should have paid to JB on that date to a certain William Hogges, which he did at that place and time.

Pleading: JB, protesting that JC did not pay WH the 20s as claimed, states that he did not order JC to pay the 20s due to him at Lady Day 1464 to WH as claimed. He seeks judgment and damages.

Pleading: JC states that JB did order him to pay this 20s to WH, as he has claimed. Parties on country, sheriff of London to have jury of St Lawrence Jewry, Cheap ward, here at the morrow of All Souls. Sheriff did nothing, did not send writ, sicut prius to octave of Martinmas 1464.

Case notes: See also other entry on this rotulet. Continued on CP 40/813, rot 309.

Court of Common Pleas, CP 40/812, rot. 356d

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

Pleading: John Bryce states that on 11 March 1464, in London, Andrew Thomas made a bond with him in £11, payable at Lady Day then next, but has not paid, to his damage of £20. He shows the bond in court.

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

Case notes: See also other entry on this rotulet.