CP40/807: Hilary term 1463

Court of Common Pleas, CP 40/807, rot. 119

Term: Hilary 1463
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 26s 8d
Costs: 73s 4d
Case type: Bond

Pleading: John Derby states that on 21 October 1461 Robert Bowman acknowledged by his sealed bill that he owed him £33 18s, payable on the vigil of the nativity of St John the Baptist the next. However, he has not paid this, to his damage of £40. He shows the bond in court [recited in full, in English].

Pleading: RB states that this bond is not of his making. Parties on country, jury here at the octave of the Purification.

Postea text: Sheriff did not send writ, to quindene of Easter 1463. Bond in custody of John Fogge.

Postea text: Jury in respite to Easter five weeks 1463, nisi prius they come before Peter Ardern, JCP, at St Martin le Grand on 13 May 1463. At this day, JD came, justices sent record that on that day, before PA and Richard Parnell, RD came, RB did not come, in default. Some of jury came, others did not, so in respite to octave of Trinity.

Postea text: Jury in respite to octave of St John the Baptist, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 27 June 1463. On that day, JD came, RD sent record that on that day, before RD and Thomas Danby, JD came, jury said that the bond was of RB's making. Damages assigned at 26s 8d, costs at 4m. JD to recover debt and damages, and a further 20s costs assigned by the court, to a total of 100s. RB to be taken.

Court of Common Pleas, CP 40/807, rot. 131

Term: Hilary 1463
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Polhill states that on 8 October 1458 Reginald Clares, now deceased, made a bond with him in St Albans in £10 13s 4d, payable at All Saints then next. However, he did not pay, and nor have his executors, the defendant John Clares or Joan Clares, to his damage of 100s. He shows the bond in court.

Pleading: John Clares states that long before the date of JP's original writ, he had fully administered all the goods held by RC at the time of his death, and had nothing left in his possession on that day or afterwards.

Pleading: JP states that on the day of his original writ, namely 22 October 1461, John C had various goods and chattels still in his hands formerly of RC, at St Albans, by which he could have paid this debt. Enquiry by country, jury here at Easter one month 1463. Pledges named.

Postea text: 4 posteas, sheriff did not send writ, to quindene of Easter 1464.

Court of Common Pleas, CP 40/807, rot. 135

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

Pleading: Lawrence Stokewode states that on 26 October 1447 William Warbilton made a bond with him at Westminster in £15 2s, payable at Christmas then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: WW defends force and injury, etc [no further pleading enrolled].

Court of Common Pleas, CP 40/807, rot. 135

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

Pleading: John Hedlam states that on 8 June 1461 Thomas Waldegrave made a bond with him at Westminster in £10, payable at St Peter ad Vincula then next, but he has not paid, to his damage of 10m. He shows the bond in court.

Pleading: TW states that this bond is not of his making. Parties on country, jury here at quindene of Easter. Bond in custody of John Fogge.

Postea text: 4 posteas, sheriff did not send the writ, to Easter three weeks 1464.

Court of Common Pleas, CP 40/807, rot. 188

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

Pleading: William Norton, John Markwyk, Richard Bovauntre and Walter Norys, executors of Richard Nordon, state that on 10 May 1447, in London, Thomas Gille accounted with Richard Nordon, now deceased, regarding various sums of the money of RN received on his account by TG before that time, and TG was found to be in arrears by 40s. However, TG did not pay RN during his life, and nor has he paid the executors after his death, to their damage of 40s. They show in court the testamentary letters of RN, by which they are executors and have administration.

Pleading: TG granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: 7 further licences to imparl and one adjournment, to quindene of Easter 1465

Court of Common Pleas, CP 40/807, rot. 188d

Term: Hilary 1463
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Drewell and Richard Warde state that on 12 August 1461 Godfrey Yonge made a bond with them in London in £9, payable at Michaelmas then next, but has not paid, to their damage of 100s. They show the bond in court.

Pleading: GY granted licence to imparl to quindene of Easter, with assent of plaintiffs. Pledges named.

Court of Common Pleas, CP 40/807, rot. 188d

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

Pleading: William Norton, John Markwyk, Richard Bovauntre and Walter Norys, executors of Richard Nordon, state that on 31 May 1456, in London, Otto Colyn made two bonds with RN, now deceased, one in 51s, payable at Easter then next and the other in 51s 11d, payable at Michaelmas then next. The executors state that OC has paid them 40s of this debt, but he has not paid the remaining 62s 11d, either to RN before his death or the executors afterwards, to their damage of 40s. They show the bonds in court, and the testamentary letters of RN, by which they are executors and have administration.

Pleading: OC granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: Further licence to imparl to quindene of Trinity 1463.

Court of Common Pleas, CP 40/807, rot. 221

Term: Hilary 1463
County: Middlesex
Writ type: Detinue
Damages claimed: 40m
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: William York states that on 5 November 1460, at Westminster, he delivered to Thomas Gryce for safe-keeping a certain document, in which it stated that WY, was bound to a certain Richard Crophill in £200. This was to be returned on request, but he has refused to return it, to his damage of 40m.

Pleading: TG presents the document in court, ready to deliver it to whichever of WY or RC the court orders, and states that the document was delivered to him on that day by both WY and RC on certain conditions, to be delivered to one or other of them under those conditions, but he does not know whether these conditions have been met on the part of RC, and asks that RC be forewarned. Order to the sheriff to warn RC to be here at the quindene of Easter, to show reason why the document ought not be delivered to TG.

Pleading: [continued at Trinity 1463, rot 334] Parties come by attorneys, RC states that WY ought not have delivery, since the bond was delivered to TG at Westminster by both WY and himself, under the condition that after WY had paid RC £200 it should be delivered to WY. He says that WY has not paid this £200,

Pleading: WY states that the document was delivered to TG under a certain condition, namely that if everyone who, at the time of the making of the bond, had any interest in ten messuages, 220 acres of land, 40 acres of meadow, 60 acres of pasture, 40 acres of wood and 20s rent with appurtenances in the parishes of West Malling, Ryarsh and Birling in Kent, formerly of Ralph Blaklowe, should release and quitclaim by their sufficient deed all their rights and claims in this property to WY and a certain William York senior, John Fyncham, Thomas Gryce and the heirs and assigns of WY junior in perpetuity, and should deliver this to WY junior, WY senior, JF and TG before Pentecost next after the making of the bond, and also that RC should deliver all deeds and muniments relating to this property to WY junior by that same Pentecost, and then and not before WY junior, WY senior, JF and TG should enfeoff RC of and in this property under the condition that if WY junior should pay RC 200m in the given terms, namely 20m at the Nativity of St John the Baptist next after the enfeoffment and each year until the 200m are paid, then WY junior, WY senior, JF and TG may re-enter the property. However, if everyone with interest in this property does not make the release before the feast of Pentecost concerned, or they do not deliver the deed, or RC does not deliver all the deeds and muniments to WY junior before Pentecost, then the bond should be delivered to WY. If those with interests in the property do make the release, and the deed is delivered before that feast, and RC does deliver all the deeds as stated, and if WY junior etc do not then enfeoff RC in this property, then the bond should be delivered to RC. WY junior states that a certain Thomas Burgoyn, Thomas Darlyngton and Alice Blaclow, daughter of Ralph Blaclow, had interests in the property at the said time and did not release and quitclaim this by deed before the said feast of Pentecost to WY junior, etc, and thus delivery of the bond pertains to WY junior, and should not that the bond was delivered to TG under the conditions claimed by RC.

Pleading: RC repeats that the bond was delivered to TG under the conditions he stated. Parties on country, jury here at Michaelmas three weeks.

Postea text: Parties come, sheriff says that RC has nothing, and is not found. Shown in court that RC has sufficient in Norfolk, so order to the sheriff of Norfolk to warn him to be here at Easter five weeks. On that day, parties come, and RC comes by attorney. Sheriff says that he warned RC to be here by Richard Mounteney and Adam West. WY seeks delivery against RC. RC granted licence to imparl to octave of Trinity 1463.

Case notes: Continued on CP 40/809, rot 334.

Court of Common Pleas, CP 40/807, rot. 221

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

Pleading: John Goodyng states that on 12 March 1456 Joan, now the wife of William Watyrhous, when she was a single woman, accounted with him in London for various sums of his money received by her on her account before that date, and she was found to be in arrears by 40s. However, she has not paid, and neither has her husband WW after their marriage, to his damage of 40s.

Pleading: WW and JW granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/807, rot. 222

Term: Hilary 1463
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 20s
Case type: Bond

Pleading: John Drewell and Richard Warde state that on 12 August 1461 Thomas Stokes made a bond with them in London in £9, payable at Michaelmas then next, but has not paid, to their damage of 100s. They show the bond in court.

Pleading: TS granted licence to imparl to quindene of Easter, with assent of plaintiffs. Pledges named.

Postea text: further licence to imparl, to octave of Trinity 1463.

Postea text: Plaintiffs came by attorney, TS did not come. Order that plaintiffs recover debt, and damages of 20s. TS amerced.

Court of Common Pleas, CP 40/807, rot. 222

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

Pleading: John Payn states that on 31 July 1454, in London, James Falleron made a bond with him and a certain John Hilton, now deceased, in £164, payable on 1 March 1456. JF satisfied them of £74 of this sum during the lifetime of JH, but he has not paid the remaining £90, either to JH and JP during JH's lifetime, or to JP and JH's death, to his damage of £40. He shows the bond in court.

Pleading: JF granted licence to imparl to quindene of Easter, with assent of JP.

Postea text: 15 further licences to imparl, and one adjournment, to quindene of Easter 1467.

Court of Common Pleas, CP 40/807, rot. 222d

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

Pleading: William Norton, John Markwyk, Richard Bovauntre and Walter Norys, executors of Richard Nordon, state that on 31 May 1456, in London, Ralph Tredenek made two bonds with RN, now deceased, one in 51s 11d, payable at Michaelmas then next, and another in 51s, payable at Easter then next. The executors state that RT paid RN 40s of this debt during his lifetime, but he has not paid the remaining 62s 11d, either to RN before his death or the executors afterwards, to their damage of 40s. They show the bonds in court, and the testamentary letters of RN, by which they are executors and have administration.

Pleading: RT granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: 7 further licences to imparl, and one adjournment, to quindene of Easter 1465.

Court of Common Pleas, CP 40/807, rot. 222d

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

Pleading: Joan Langton and John Langton state that on 16 July 1460, in London, Leonellus Seynturion made a bond with them in £38 14s, payable on 1 August then next, but has not paid, to their damage of £20. They show the bond in court.

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

Pleading: [continued at Easter 1463, rot 123] LS states that he ought not owe this debt, as he made the bond under duress following threats made against him in London by the plaintiffs.

Pleading: The plaintiffs deny this, stating that LS made the bond freely and not as a result of any threats. Enquiry by country, jury here at Easter five weeks.

Case notes: Continued on CP 40/808, rot 123.

Court of Common Pleas, CP 40/807, rot. 227

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

Pleading: Thomas Reymond amerced for many defaults. Thomas, bishop of London, states that on 17 February 1460, at Westminster, Thomas Reymond made a bond with him in £10, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: TR granted licence to imparl to quindene of Easter, with assent of plaintiff.

Postea text: Further licence to imparl, to octave of Trinity 1463.

Court of Common Pleas, CP 40/807, rot. 236

Term: Hilary 1463
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: Simon Bryggeman amerced for many defaults. John Hay states that on 10 April 1457, in London, Simon Bryggeman forcibly took and carried away goods worth £30, namely 630 goat skins, 1200 sheep skins, 23 'hyndcalfskins' and one stag skin, against the peace and to his damage of £40.

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

Court of Common Pleas, CP 40/807, rot. 236

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

Pleading: William Norton, John Markwyke, Richard Bovauntour and Walter Norys, executors of Richard Nordon, state that on 11 November 1435, in London, John Palmer accounted with Richard Nordon, now deceased, regarding various sums of money of RN received by JP, and upon that account JP was found to be in arrears to RN by 40s. However, JP has not paid this, either to RN or his executors, to their damage of £10. They show in court the testamentary letters of RN, by which they are executors and have administration.

Pleading: JP states that in Cornwall that there are two places called Launceston, namely Launceston Land and Launceston Burgh, but there is no place just called Launceston, without any addition. He seeks judgment on the writ.

Pleading: The plaintiffs state that there is a place in Cornwall called Launceston, without any qualifier, as the writ supposes. Enquiry on the country, sheriff of Cornwall to have jury of the body of the county here at the quindene of Easter.

Postea text: Sheriff did not send writ, to octave of Trinity 1463.

Court of Common Pleas, CP 40/807, rot. 236d

Term: Hilary 1463
County: Middlesex
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Sale of goods

Pleading: William Preston states that on 15 January 1462, in Islington, William Couper bought from him 15 quarters of malt for 66s, payable on request, but has not paid, to his damage of 5m.

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

Postea text: 2 further licences to imparl, to quindene of Michaelmas 1463.

Court of Common Pleas, CP 40/807, rot. 236d

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

Pleading: Rumbold Colard, 'easterling', states that on 5 January 1462 William Hynge made a bond with him in £16, payable at the feast of the Annunciation then next, but has not paid, to his damage of 10m. He shows the bond in court.

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

Pleading: [continued at Easter 1463, rot 325] WH states that before the making of this bond, there was an agreement between him and RC that WH would make a bond with RC in this £16 under the condition that if RC deliver to WH 68 quarters of rye ('siliginis') before 25 March 1462, then the bond shall remain in force; otherwise it shall be cancelled. WH states that at the time of the making of the bond he was a man of little learning, and the bond was read to him in English as containing this condition, and he, believing this, sealed it. Therefore, he states that this bond, not containing this condition, is not of his making. Parties on country, jury here at Easter five weeks. Bond in custody of John Fogge.

Postea text: Sheriff did not send writ, to octave of Trinity 1463.

Postea text: Process continued, jury in respite to octave of Michaelmas 1463, nisi prius they come before Robert Danby, CJCP, at St Martin le Grand on 9 July 1463. On that day, parties came by attorney, RD sent record that on that day, before RD and Thomas Danby. Some jurors came (named) and were sworn, but others who came were not of Farringdon Without ward, while others did not come. Jury in respite to morrow of All Souls, nisi prius they come before RD at St Martin le Grand on 28 October 1463.

Case notes: Continued on CP 40/808, rot 325.

Court of Common Pleas, CP 40/807, rot. 296

Term: Hilary 1463
County: Buckinghamshire
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: John Stokton, John Broke and John Child, citing the terms of the statute of 8 Henry VI relating to forcible entries [8 Henry VI, c. 9], state that on 18 October 1461 Robert Scryvener, William Wedon, Peter Underwode and John Baker forcibly expelled and disseised them from two messuages in Amersham, with 20 armed men, in contempt of the king, against the form of the statute and to their damage of £40.

Pleading: The defendants deny the plaintiffs' action, stating that long before the supposed disseisin, and before the plaintiffs had any interest in the property, a certain William Wedon was seised of these messuages in his demesne as of fee, and thus seised he enfeoffed Robert Scryvener of the property, granting it to him and his heirs. By virtue of this, RS was seised in his demesne as of fee, but the plaintiffs, claiming the property by virtue of a certain charter of demise to them for life allegedly made to them by William Wedon before the said grant to RS, even though none of these messuages were ever transferred to the plaintiffs by virtue of that charter, entered into the possession of RS in these messuages. RS, with the other defendants, his servants, then peacefully re-entered the property, as was his right. He did not enter the property forcibly, as claimed by the plaintiffs.

Pleading: The plaintiffs state that the WW named in their writ and the WW named as supposedly being seised of this property are one and the same person. They state that their action should continue, as before WW had any interest in this property, a certain Richard Lahill was seised of them in his demesne as of fee, and thus seised enfeoffed John Jurdeley and his wife Alice of one of these messuages, called 'Cuntashows', to them and their heirs. John J then died, and Alice was seised alone, and she enfeoffed the plaintiffs, to them and their heirs, by virtue of which enfeoffment they were seised of the property until WW unjustly disseised them and, thus in possession, enfeoffed RS, as the defendants allege. The plaintiffs state that they recently re-entered into their possession, and were again seised until the defendants expelled and disseised them as alleged. They seek judgment and damage. And regarding the other messuage, called 'Coppidhall', the plaintiffs state that RL died seised of this messuage, and it thus passed to his son and heir John Lahill, who was seised in his demesne as of fee until Alice Jurdeley entered into his possession and expelled him. With Alice thus seised, JL, by the name of John atte Lahull clerk, son and heir of RL formerly of Chesham, by a sealed document which the plaintiffs show in court, dated at Amersham on 12 November 1452, released to Alice Jurdeley all his rights in that messuage, situated in Amersham between the tenement formerly of John Axtyll on the west side, the king's highways to the east, north and south, which he had inherited from his father, and which RL had purchased from Roger Garier, and which RG had acquired from Cecily atte Thorne, and of which RL had died seised. Alice was thus seised by virtue of this quitclaim, in her demesne as of fee, and thus seised enfeoffed the plaintiffs of this messuage, by virtue of which they were seised in their demesne as of fee until WW unjustly disseised them. WW, then in possession from this disseisin, enfeoffed RS, as claimed in their earlier response, and RS was in possession until the plaintiffs re-entered, and were themselves in possession until the defendants again disseised them. They seek judgment and damages.

Pleading: The defendants, not acknowledging anything said by the plaintiffs regarding the first messuage, state that long before RL had any interest in the messuage called 'Cuntashows', a certain William Portereve was seised of that messuage with appurtenances in his demesne as of fee, and thus seised demised it to RL for the term of his life, by virtue of which RL was seised in his demesne as of free tenement, and thus enfeoffed JJ and AJ in perpetuity. On the pretext of this, JJ and AJ were seised in their demesne as of fee, until JJ died, and AJ was seised alone, and enfeoffed the plaintiffs, who were thus seised, However, WP then died, and WW, as kinsman and heir of WP, namely son of Alice, sister of WP, considering the alienation made by RL to be to his disinheritance, entered into the property on the possession of the plaintiffs, and was seised of this property, and thus seised, enfeoffed the property to RS and his heirs in perpetuity, and RS was seised in his demesne as of fee, as they have alleged, and not that WW disseised the plaintiffs as they have claimed. They seek judgment, and that the action be precluded. Regarding the other messuage, called 'Coppidhall', the defendants state that before RL had anything in that messuage, WP was seised in his demesne as of fee, and thus seised demised it to RL for term of his life, by virtue of which RL was seised as of free tenement. WP then died without heirs of his body, and the reversion of the messuage reverted to WW, as kinsman and heir. RL later died, and WW entered the messuage by right of the reversion, was seised in his demesne as of fee, and thus enfeoffed RS, to him and his heirs in perpetuity, by virtue of which RS was seised in his demesne as of fee, as the defendants have claimed, and not that WW disseised the plaintiffs ass they have claimed. They seek judgment, and that the action be precluded.

Pleading: The plaintiffs, not acknowledging anything alleged by the defendants, state that WW disseised them of the two messuages as claimed. Enquiry by country, jury here at quindene of Easter.

Case notes: See also CP 40/808, rot 404, for separate case on similar issue.

Court of Common Pleas, CP 40/807, rot. 306

Term: Hilary 1463
County: Norfolk
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault; Housebreaking

Pleading: Walter Gorge and his wife Mary state that on 23 December 1460 William Lexham, together with Richard Wryght, forcibly broke their close and house in Little Fransham and assaulted Mary, such that she despaired of her life. This was against the peace, and to their damage of £100.

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

Postea text: 5 further licences to imparl, to quindene of Trinity 1464.

Court of Common Pleas, CP 40/807, rot. 307

Term: Hilary 1463
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £100
Damages awarded: 4m
Costs: 40s
Case type: Assault; Housebreaking; Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: Richard Wyre and his wife Joan, John Whitbarowe and John Kyrkeby amerced for many defaults. Richard Chalkhill states that on 1 April 1461 RW, Joan W, JW and JK forcibly broke his house and close at Hendon and cut down trees, namely 1000 oaks, and took these and 100 carts of underwood, all worth £30, destroyed his growing grass worth £10 with his beasts, and made such great threats against his tenants, namely Thomas Ederich who held 20 acres from him by fealty and rent of 13s 4d per year, and David Walshman, who held a messuage and 26 acres of land by fealty and rent of 20s per year, that they withdrew from their tenancies, so that RC was deprived of his rents and services from that 1 April until the date of his original writ, namely 1 April 1462. This was against the peace, and to his damage of £100.

Pleading: The defendants are granted licence to imparl to quindene of Easter.

Pleading: [continued at Easter 1463, rot 108] The defendants deny force and arms, and everything except the breaking of the close and house and cutting and taking the wood. Parties on country. Regarding the housebreaking and taking of the wood, they state that RC ought not have his action, as the place where the trespass is alleged to have occurred, at that time, was a messuage, toft and 22 acres of land in Hendon, of which before that time William Blakby and his wife Margaret were seised in their demesne as of fee, and thus seised they enfeoffed Thomas Frowyk, William Stalworth, Thomas Mountyng, Nicholas Lambleder, Thomas Wenlok and Robert Huntyng, who were thus seised in their demesne as of fee. The other five then died, leaving Thomas Frowyk in possession, and he himself then died seised, after which the property descended to Henry Frowyk, as son and heir of TF, who then entered and was seised in his demesne as of fee. HF then demised the property to RW and Joan W, to hold at the will of HF. They were thus in possession, and the said RC, claiming the property by colour of a certain earlier deed of demise made to him for term of his life by William and Margaret B, even though that deed did not relate to this property, entered into the property upon the possession of RW and JW. Therefore, RW and JW, together with Whitbarowe and Kyrkeby, their servants on their orders, entered the property upon RC's possession at the time of the alleged trespass, and cut and took the said trees, as was right. This is the event that RC complains about.

Pleading: RC states that this should not debar his action and, protesting that John and Margaret B did not enfeoff Thomas Frowyk etc as claimed, states that before the time of the alleged trespass, a certain Ralph Middelham and his wife Margaret were seised of this property in their demesne as of fee, and thus seised, a certain fine was levied in the court of Henry VI here on the morrow of All Souls 1436 before John Juyn and his fellow justices between RC, John Bernevyle, Richard Ruge and John Colyn of one party, and RM and MM on the other, by which RM and MM recognised the property to be the right of Richard Ruge, such that RC, JB, RR and JC should have it of the gift of RM and MM, remised and quitclaimed to them and the heirs of Ruge. By virtue of this fine, RC, JB, RR and JC were seised of this property, RC, JB and JC in their demesne as of free tenement and RR as of fee. Later, RR, by a release which RC shows here in court, dated 24 October 1444, released all his rights in this property to RC, JB and JC (by the name of property in Hendon called 'Haywardes' and 'Bertons'), by which they were seised. JB and JC then died seised, and RC, surviving, was thus seised alone in his demesne as of fee, and held this until Richard and Joan W, Whitbarowe and Kyrkeby made this trespass, as he has claimed. TF did not die seised of the property, as claimed by the defendants.

Pleading: The defendants state that Thomas Frowyk did die seised of this property as claimed. Parties on country, jury here at Easter five weeks.

Postea text: [on CP 40/808, rot 108] Process continued, jury in respite to octave of Hilary 1464. On this day, parties came, jury said that the defendants are not responsible for destroying the grass, nor of threatening the tenants. They also state that TF did not die seised of this property, as RC has alleged. Damages assigned to RC at 4m, costs at 26s 8d. Order that RC recover these against the defendants, along with 13s 4d extra costs assigned by the justices, to a total of 7m. Defendants to be taken, and RC amerced for false claim on the parts they were acquitted.

Postea text: Whitebarowe and Kyrkeby come into court and satisfy RC of the damages and are quit. They seek to make fine with the king, and this is granted, for 6s 8d each. Pledges named.

Case notes: Continued on CP 40/808, rot 108.

Court of Common Pleas, CP 40/807, rot. 308d

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

Pleading: John Arnold and Richard Waryn state that on 8 July 1443 Thomas Huet made a bond with them in London in 60s, payable at Michaelmas then next, but he has not paid, to their damage of £10. They show the bond in court.

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

Postea text: 5 further licences to imparl, to octave of Trinity 1464.

Court of Common Pleas, CP 40/807, rot. 311

Term: Hilary 1463
County: London
Writ type: Debt (bond)
Damages claimed: 8m
Case type: Bond

Pleading: Ralph Kempe and William Sevester state that on 7 February 1459 John Bartelot made a bond with them in London in £7, payable at the Nativity of St John the Baptist then next, but has not paid, to their damage of 8m. They show the bond in court.

Pleading: JB asks to hear the bond and the condition, and these are read. The condition of this bond is such that if JB should pay £7 to the plaintiffs, namely £3 10s at the said feast of St John the Baptist and £3 10s at Christmas following, then the bond shall be cancelled; otherwise it shall remain in force. Having heard this, he seeks and is granted licence to imparl to quindene of Easter.

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

Court of Common Pleas, CP 40/807, rot. 311d

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

Pleading: Richard Pygge states that on 10 July 1458 Richard Benyngton, now deceased, made a bond with him in London in £38, payable at Easter then next. RP acknowledges that he has been paid £10 of this sum, but RB did not pay the remaining £28 during his lifetime, and nor has his executor, Richard Fendyk, who unjustly detains it, to his damage of £20. He shows the bond in court.

Pleading: RF states that this bond is not of RB's making. Parties on country, jury here at quindene of Easter. Bond in safe-keeping of John Fogge.

Postea text: 4 posteas, sheriff did not send writ, to quindene of Easter 1464.

Court of Common Pleas, CP 40/807, rot. 325d

Term: Hilary 1463
County: Hampshire
Writ type: Debt (other)
Damages claimed: 100s
Case type: Contract (general)

Pleading: John William states that on 4 September 1451 he was hired by William Kervere to transport 20 tuns of Gascon wine in his ship called the 'Edward' of Southampton, from Bordeaux to Southampton, taking for this transportation £21, namely 21s per tun. JW acknowledges satisfaction of 20s of this sum, but although he transported the wine from Bordeaux to Southampton according to the agreement, WK has not paid him the remaining £20 of his fee, and still refuses, to his damage of 100s.

Pleading: WK states that he does not owe JW this £20 or any money as claimed. Order that he wager his law at quindene of Easter 1463, pledges for law named.

Postea text: On this day, WK came, JW did not prosecute his writ. JW and pledges to prosecute amerced, WK sent without day.

Court of Common Pleas, CP 40/807, rot. 325d

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

Pleading: Ralph Josselyn states that on 19 December 1458 Thomas Kyngesmyll made a bond with him in London in 20m, payable at Michaelmas then next, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: TK granted licence to imparl to Easter one month. Pledges named for defendant.

Pleading: [continued at Trinity 1463, rot 408] TK states that RJ ought not maintain his action, as after the making of the bond, by a document which TK shows in court, dated at Southwark on 16 September 1460, RJ released and quitclaimed to a certain Thomas Wynchecombe, jointly obliged with TK in the original debt, all real and personal actions, debts and demands outstanding between them.

Pleading: [pleading damaged] RJ states that this release is not of his making. Parties [on country], sheriff of Surrey to have jury of Southwark here at quindene of Michaelmas. Same pledges named for defendant. Release in custody of John Fogge.

Postea text: Further licence to imparl to octave of Trinity 1463.

Postea text: [on CP 40/809, rot 408] Sheriff did not send writ, to morrow of All Souls 1463.

Case notes: Continued on CP 40/809, rot 408.

Court of Common Pleas, CP 40/807, rot. 328

Term: Hilary 1463
County: Kent
Writ type: Debt (other)
Damages claimed: 10m
Case type: Bond; Contract (general); Debt

Pleading: John Neell, prior of the hospital of St Thomas of Acon in London, states that by a certain tripartite indenture made between Richard Pekham, prior of Rochester cathedral priory and the convent of that house on the one part, and himself and his fellow brothers on the other, of which he presents the part sealed by the prior and convent in court, dated in the priory chapter house on 15 May 1462, it was recited that one William Wangford, former sergeant at law, wished in his last will that a chaplain be appointed by his executors to celebrate divine service in the church at Northfleet for the souls of WW, his predecessors and benefactors and all the faithful departed, and by the mediation of the executors, it was therefore ordained that Richard Middelton be appointed to do this, in a chapel of St Mary in the church of St Botolph, Northfleet, where WW was buried. RM was duly accepted. It was agreed that, should RM or any of his successors die or leave this post, or fail to perform the duties, then the executors during their lifetimes, and the master of St Thomas of Acon after their death, shall appoint a successor within two months. Should they not do so, the vicar of Northfleet and the keepers of the goods of that church should appoint a chaplain. Thus, by this agreement, the prior and convent grant to the master and brothers that, for 500m paid to them by the executors to the use of their house, they would pay RM and his successors 10m per year as their stipend, payable at the four usual terms or within one month, and would also pay 13s 4d annually, at Christmas or within one month, to the vicar of Northfleet or the keepers of the goods of that church, to celebrate the obit or anniversary of WW within the church. To secure this agreement, the prior and convent obliged themselves and their successors to the master and brothers of St Thomas of Acon and their successors by this indenture that if the prior and convent or their successors default in any payment by more than one month after the stated feasts, then they should pay a penalty of 10m to the master and brothers. However, the prior and convent have not paid the 33s 4d due to RM at Christmas 1462, nor the 13s 4d due to the vicar or keepers at that feast, or within one month of that feast, by which they owe 20m according to the penalty charges. However, they have not paid this 20m to the master, to their damage of 10m

Pleading: The prior of Rochester states that he paid RM the 33s 4d due to him for his salary at Christmas 1462, at Northfleet, and he also paid John Hasard, vicar of Northfleet, the 13s 4d due to him according to the indenture.

Pleading: The master states that he cannot deny that the prior paid these sums as claimed. Order that the master take nothing, but is amerced for false claim. Prior sent without day.

Court of Common Pleas, CP 40/807, rot. 330d

Term: Hilary 1463
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: 100s
Case type: Bond; Sale of goods

Pleading: William Gery states that on 17 September 1459, when she was a single woman, Margery, formerly wife of William Deynys and now wife of Robert Smyth, made a bond with him in London in £6 10s, payable at Michaelmas then next, and also on that day bought from him 3lb of saffron, 2lb of grains of paradise and 3oz of broken silver for 60s, payable on request. However, she has not paid any of these debts, either before her marriage or afterwards, to his damage of 100s. He shows the bond in court.

Pleading: Robert and Margery Smyth granted licence to imparl to quindene of Easter, with assent of WG.

Postea text: 2 further licences to imparl, to octave of Michaelmas 1463, with assent.

Court of Common Pleas, CP 40/807, rot. 337

Term: Hilary 1463
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Robert Assheburne states that on 8 April 1462 Thomas Dirwyn and Thomas Lawles forcibly broke his house and close in London and took and carried off goods and chattels worth £40, namely two bankers 20 ells in length, one painted table, two pairs of tripods, one folding table, one cupboard, 12 cushions, two armchairs, one chair called a 'setill', one hanging laver, 10 dyed cloths, one dining table called a 'table dormant', two large andirons, one dining table with two tripods, one sealed small chest, two beakers ('obbas'), two latten ('electrium') pots, four large serving dishes, 12 platters, 12 latten dishes, 6 salt cellars, three bowls ('pelves'), two lavers, three large candlesticks, 6 pairs of candlesticks, 6 salt cellars, one large basin, three brass jars, one large plate, three small patens, one colander, two skimmers ('spumatoria'), two racks, two cupboards ('cobberdes'), two iron spits, one iron dropping pan, three covers, one bolster, one canopy, one tester, three curtains, four pairs of linen sheets, two sets of bedding ('superlectilia'), one bag, one large chest, three pairs of balances and sixteen weights. This was against the peace and to his damage of £40.

Pleading: TD and TL are granted licence to imparl to quindene of Easter. Pledges named for defendants.

Postea text: 9 further licences to imparl, and one adjournment, to octave of Michaelmas 1465.

Court of Common Pleas, CP 40/807, rot. 337

Term: Hilary 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 4m
Case type: Bond

Pleading: John Nycke, John Ebmede and John London state that on 8 February 1457, in Westminster, Richard Burton made a bond with them and a certain John Fawne, now deceased, in 4m, payable at the quindene of Easter then next, but they have not paid, either before or after JF's death, to his damage of 4m. He shows the bond in court.

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

Court of Common Pleas, CP 40/807, rot. 344

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

Pleading: Thomas Hanne states that on 12 March 1461 William Baret made a bond with him in London in 65s 10d, payable at Easter then next, but has not paid, to his damage of 10m. He shows the bond in court.

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

Pleading: [continued at Easter 1463, rot 263d] WH states that this bond is not of his making. Parties on country, jury here at octave of Trinity.

Case notes: Continued on CP 40/808, rot 263d.

Court of Common Pleas, CP 40/807, rot. 344d

Term: Hilary 1463
County: Sussex
Writ type: Debt (sale of goods)
Damages claimed: []
Case type: Sale of goods

Pleading: Simon Farncombe states that on 20 April 1456, at Preston Episcopi, Blanche Bolle bought four sacks of wool from him for £10, payable on request, but has not paid, to his damage of [omitted].

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

Postea text: [Marginal note appears to read 'Fagger paid by default'.]

Court of Common Pleas, CP 40/807, rot. 345d

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

Pleading: William Swanderby states that on 2 December 1461 John Wykes made a bond with him in London in 10m, payable at Easter then next, but has not paid, to his damage of 40s. He shows the bond in court.

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

Pleading: [continued at Easter 1463, rot 112d] JW states that WS ought not maintain his action, as at the time of the making of the bond he was imprisoned by WS and his associates in London, and kept in prison until he made the bond under duress.

Pleading: WS states that JW was not imprisoned at the time of the making of the bond, and made it freely and not under any duress. Enquiry by country, sheriff of London to have jury of St Dunstan in the West here at octave of Trinity.

Postea text: [on CP 40/808, rot 112d] Sheriff did not send writ, to octave of St John the Baptist 1463.

Case notes: Continued on CP 40/808, rot 112d.

Court of Common Pleas, CP 40/807, rot. 345d

Term: Hilary 1463
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: Elizabeth Ponynges states that on 12 January 1461, in London, John Enderby, together with Thomas Bygges and Thomas Bekley, forcibly took and carried off two sealed chests containing various documents and other muniments belonging to EP, against the peace and to her damage of £40.

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

Pleading: [continued at Easter 1463, rot 113] JE denies responsibility for this trespass as claimed. Parties on country, jury here at quindene of Trinity.

Case notes: Continued on CP 40/808, rot 113. Another Kent case between these parties on CP 40/808, rot 113d.

Court of Common Pleas, CP 40/807, rot. 349d

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

Pleading: William Brocas, former master of the buckhounds to Henry VI, states that on 28 November 1460 Thomas Joynour made a bond with him at Beaurepair in £14, payable at Trinity then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: TJ granted licence to imparl to quindene of Easter. Pledges named for defendant.

Case notes: Partially re-enrolled on CP 40/808, rot 267, but no new information given..

Court of Common Pleas, CP 40/807, rot. 351

Term: Hilary 1463
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Assault; Bond

Pleading: Stephen Peers states that on 3 February 1452 John Scarnyng made a bond with him at Westminster in £15 5s 1½d, payable at Michaelmas then next, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JS asks to hear the bond and this is read (recited in full, in Latin, stating that JS and Christopher Barton were bound in this debt). Having heard this, JS states that he ought not owe the debt, as before the making of the bond, CB was indebted to SP in this same sum, and that CB forced JS to make this bond with him, threatening him at Spixworth that he would cut off his head and arms if he did not make the bond as security for this payment. He therefore made and sealed the bond at Westminster out of fear.

Pleading: SP states that his suit should continue, as JS made the bond freely and not out of fear, as he has claimed. Enquiry by country, sheriff of Norfolk to have jury of Spixworth here at quindene of Easter. Pledges named for defendant.

Postea text: 5 posteas, sheriff did not send writ, to octave of Trinity 1464.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1465, nisi prius they come before the justices at Norwich on 1 August 1465. On this day, JS came, justices sent record that on that day, before Peter Ardern and Thomas Billyng, justices of assize, parties came, jury said that JS did make the bond out of fear, etc, as he claimed. Order that SP take nothing for his writ, but is amerced for false claim. JS sent without day.

Court of Common Pleas, CP 40/807, rot. 355

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

Pleading: Thomas Hillard and his wife Ellen, executrix of John Possemore, state that on 20 November 1453 William Reynold, now deceased, made a bond in London with JP in £55 6s 8d, payable on 1 December then next. They acknowledge that JP was satisfied during his lifetime of £15 6s 8d, but WR did not pay the remaining £40 during his lifetime, and nor did his executor Margery when she was a single woman after his death, or Margery and John Spenser after their marriage, either to JP himself, or to Ellen while she was single, or to Ellen and Thomas H after their marriage. This is to their damage of £20. They show the bond in court, and the testamentary letters of JP, by which Ellen is executor and has administration.

Pleading: JS and MS state that after the making of the bond, JP, by a document which they show in court, dated 29 November 1453, acknowledged payment of £8 from WR in part payment of a larger sum contained in the document. By another document which they show in court, dated 29 March 1454, JP acknowledged payment of £10 in part payment, and by another, made at Stratford at Bow on 8 May 1454, he acknowledged payment of another 53s 4d, and by another, also shown in court, he acknowledged payment of another £4 6s 8d on 26 February 1456. After the death of JP, on 30 April 1456, Ellen H and Thomas H acknowledged payment of another 7m from WR, on 22 October 1456 another 33s 4d, on 23 May 1457 another 4m, on 22 April 1458 another 53s 4d, on 12 October 1457 another 53s 4d, on 10 November 1458 another 53s 4d, on 4 May 1459 a further 53s 4d, on 2 November 1459 another 53s 4d, on 18 June 1460 another 53s 4d, on 18 October 1460 another 53s 4d, and on 16 April 1461 another 53s 4d [pleading ends here].

Pleading: [continued at Easter 1463, rot 370; contains initial plea, but this alternative counterplea] JS and MS state that after the making of the bond, on 20 November 1453, by an indenture of which they show the part sealed by JP here in court, which recites the details of a bond between WR and JP in the terms aforesaid, willed and granted that if WR should pay £10 to JP on 25 March 1454, and the remaining £45 6s 8d in the form underwritten, namely 53s 4d at Easter 1454 or with 15 days, 53s 4d at Michaelmas 1454 or within 15 days, and so on each year until the entire sum is paid, then the bond shall be cancelled. They state that this is the same bond as that presented by the plaintiffs, and that WR paid JP the £10 due on 25 March 1454, the 53s 4d due at both Easter and Michaelmas 1454, and so on during the lifetimes of WR and JP. After the deaths of WR and JP, Margery paid the required sums each year while she was single to Ellen, while Ellen was single, as did JS and Margery after their marriage, both to Ellen before her marriage to TH and after, until the entire sum was paid according to the form of the indenture, these payments being made in the parish of St Christopher le Stocks in London.

Pleading: TH and EH, protesting that neither WR nor MS paid these sums to JP or themselves according to the terms of this indenture, state that after the death of WR, and after the marriage of JS and MS, JS and MS did not pay TH and EH the 53s 4d due at Easter 1460, according to the terms of the indenture.

Pleading: JS and MS state that they paid the 53s 4d due at Easter 1460 within the 15 days specified, according to the agreement. Parties on country, jury here at octave of Trinity.

Case notes: Case ends part way through counter-plea. Following rotulet blank and un-numbered. Case continued on CP 40/808, rot 370.

Court of Common Pleas, CP 40/807, rot. 361

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

Pleading: Emote, widow and executor of Matthew Grene, and Thomas Chamburleyn and Robert Barbour, her co-executors, state that on 5 October 1447, in Ludlow, Richard Glover, now deceased, made a bond with Matthew Grene, also now deceased, in £66, payable on 8 June 1449. £36 of this debt has been paid, but the executors state that neither RG nor the defendants, Thomas More and William Boylet, executors of RG together with RG's widow Joan (who later married John Chattok) have paid this debt, either to MG or his executors, to their damage of £20. They show the bond in court, and the testamentary letter of MG, by which the executors have executry and administration.

Pleading: TM and WB, by separate attorneys, granted licence to imparl to quindene of Easter.

Postea text: 5 further licences to imparl, and one adjournment, to quindene of Michaelmas 1464.

Case notes: Date given as both 1447 and 27 Henry VI - inconsistent

Court of Common Pleas, CP 40/807, rot. 361d

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

Pleading: William Taylour states that on 16 August 1457, in London, Christina Weltefare bought from him 400 of madder ('madre') for 41s 8d, payable on request, and also borrowed a further 23s 4d, also payable on request. On 20 June 1458 she bought another two butts of white Rumney for £8, again payable on request. Of this, Christina has paid £4 11s 8d of the final £8, but has not paid the remaining £6 13s 4d, to his damage of 100s.

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

Court of Common Pleas, CP 40/807, rot. 362d

Term: Hilary 1463
County: Devon
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Bougchier and his wife Katherine, she being the executor of Hugh Stukle, state that on 20 November 1457 John More made a bond with HS in 5m, payable at Christmas then next. However, he has not paid, either to HS or to his executor, before or after her marriage to WB, to their damage of 100s. They show the bond in court, and the testamentary letters of HS by which Katherine is executor and has administration.

Pleading: JM granted licence to imparl to quindene of Easter. Pledges named for defendant.

Court of Common Pleas, CP 40/807, rot. 375d

Term: Hilary 1463
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40s
Case type: Assault; Imprisonment

Pleading: William Brayne, citing the privileges of the justices and ministers of the Bench, states that on 25 October 1462 William Trace forcibly assaulted his servant William Rolf in London, beating, wounding and imprisoning him for one day, and depriving him of his service for two days, against the peace and to his damage of 40s.

Pleading: WT granted licence to imparl to quindene of Easter. Pledges named for defendant.

Postea text: 3 further licences to imparl, to octave of Hilary 1464.