CP40/798: Trinity term 1460

Court of Common Pleas, CP 40/798, rot. 105

Term: Trinity 1460
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Damages awarded: 13s 4d
Case type: Loan

Pleading: John Bekyngham, by the privileges enjoyed by officials of this court, states that at All Saints 1456 William Hynkeley borrowed 100s from him, payable on request, but has not re-paid this, to his damage of 40s.

Pleading: WH admits the debt as claimed. Order that JB recover debt against WH, and damages of 13s 4d. WH amerced, and committed to the Fleet prison.

Court of Common Pleas, CP 40/798, rot. 108

Term: Trinity 1460
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £200
Case type: Housebreaking; Trespass (chattels)

Pleading: Edward Brook states that on 3 February 1458 Leonard Bonasigue, John de Pounte, Symon Nory, Antony Delitian and Bartholomew Slate, together with Lewis Stroysse, forcibly broke his close at Cliffe and destroyed his growing grass ('herbam') to a value of £20. This was against the peace, and to his damage of £200.

Pleading: The defendants deny force and arms; parties on country. Regarding the rest, they state that the close and the place where the alleged trespass occurred was two acres of marsh in the parish of Cliffe called Cooling marsh, which land Thomas, prior of Christchurch, Canterbury, was seised in his demesne as of fee by right of his church long before the alleged trespass. Thus seised, on 1 December 1456, he demised these two acres of marsh to a certain John Dunstan of Cliffe for a term of three years, at an annual rent of 2s, payable at Michaelmas. By virtue of this demise, JD possessed this land. However, EB, claiming this marsh by virtue of a certain deed of demise made to him earlier by the said prior for the term of his life, even though none of this land was ever transferred to EB by virtue of this deed, entered the property at the time of this alleged trespass. Then the defendants, as servants of JD and on his orders, came with JD and entered the close and grazed their animals, as was their right.

Pleading: EB states that the close and land regarding which he brought this case are 14 acres of marsh called 'Redehayes' in the parish of Cliffe, different from the two acres called Cooling Marsh, and since the defendants have not responded on this he seeks judgment.

Pleading: The defendants deny responsibility for any trespass in this 14 acres of marsh called 'Redehayes', as claimed by EB. Parties on country, jury here at quindene of Michaelmas. Pledges named.

Postea text: Parties come, sheriff did nothing, did not send writ, to morrow of All Souls.

Postea text: Process continued, jury in respite to quindene of Hilary 1461, when case adjourned to Easter one month 1461, before which pleading left without day after Edward IV removed Henry VI from the throne. Afterwards, on 16 October 1461, EB sought writ to the sheriff of Kent to re-attach the plaintiffs, and to re-summon the jury. This is granted, returnable at the octave of Hilary 1462, the sheriff not to omit anything on account of the liberty of the Archbishop of Canterbury or others.

Postea text: Sheriff did not send writ, sicut prius to Easter one month 1462

Postea text: Process continued, jury in respite to Easter three weeks 1464. Parties came, jury said that the defendants were not responsible for any trespass on the 14 acres of marsh called 'Redehayes'. Defendants quit, EB amerced for false claim.

Court of Common Pleas, CP 40/798, rot. 110d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Robert Wrightbold states that on 16 December 1457 Thomas Dodyngton made a bond with him in £4 9s 8d, payable at the Nativity of St John the Baptist next. Also, on 12 March 1459 TD made another bond with him in £13 5s, payable at Christmas then next. Of this total of £17 14s 8d RW acknowledges satisfaction of £3 14s 8d, but TD has not paid RW the remaining £14, to his damage of £20. He shows the bonds in court.

Pleading: TD granted licence to imparl, to octave of Michaelmas, with assent of RW.

Court of Common Pleas, CP 40/798, rot. 112d

Term: Trinity 1460
County: London
Writ type: Trespass (force and arms)
Damages claimed: £50
Case type: Taking of goods

Pleading: Gerard Vandelf states that on 30 January 1459, in London, Nicholas Bollard, together with John Mathiesson, forcibly took from him and carried away 1200 ells of linen cloth worth £40, against the peace and to his damage of £50.

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

Pleading: [continued at Michaelmas 1460, rot 120] NB denies responsibility for this trespass as claimed. Parties on country, jury here at octave of Hilary.

Postea text: Jury in respite to quindene of Easter, before which day plea remained without day as Edward IV removed Henry VI from the throne. In Trinity term 1461, GV sought a writ to the sheriff of London to re-attach NB and to re-summon the jury, and this was granted, returnable at the quindene of Michaelmas.

Case notes: Continued on CP 40/799, rot 120.

Court of Common Pleas, CP 40/798, rot. 115

Term: Trinity 1460
County: London
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas Niche states that Thomas atte Wode was receiver for him in the parish of St Margaret Lothbury in London from 4 March 1457 for one month, and during that time received for him, by the hands of John Clerk of Wye, £8 18s 10d to the trade and profit of TN, for which he was to render reasonable account. However, TW has refused to render this to TN, to his damage of £10.

Pleading: TW states that he was never receiver for TN as claimed. Parties on country, jury here at octave of St John the Baptist.

Postea text: Sheriff did not send writ, to octave of Michaelmas 1460.

Court of Common Pleas, CP 40/798, rot. 123

Term: Trinity 1460
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 40s
Case type: Bond; Loan

Pleading: Robert Enges states that on 12 March 1459 William Ordo made a bond with him in 43s 4d, payable at Easter then next, and also borrowed a further 16s 8d, payable on request. However, he has not paid any of this 60s, to his damage of 40s. He shows the bond in court.

Pleading: WO granted licence to imparl to octave of Michaelmas, with assent of RE. Pledges named for defendant.

Court of Common Pleas, CP 40/798, rot. 123d

Term: Trinity 1460
County: Devon
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Walter Reynell, former escheator of Devon and Cornwall, states that on 9 February 1453 John Radford made a bond with him in £40, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JR states that WR ought not maintain his action, as this bond was endorsed under certain conditions, namely that if JR should exonerate and acquit WR of £20 at the Exchequer towards the issues of his bailiwick, assigned by the Treasurer by a certain tally dated 4 December 1452, and if WR should immediately seek allowance of this tally before the Barons of the Exchequer, then the bond shall be cancelled. He states that John, earl of Worcester, was Treasurer on the said 4 December 1452, and on 11 February 1453, at Westminster, WR appeared with JR before Peter Ardern and his fellow barons of the Exchequer regarding the issues of his time as escheator of Devon and Cornwall, namely from Michaelmas 1451 to Michaelmas 1452, having the tally by the hand of William Slyngesby, and sought allowance of this tally to him and WR. He sought his allowance, but WR did not make his request.

Pleading: WR states that on 11 February 1453 he sought allowance of this £20 upon this tally before the barons, but they would not allow it.

Pleading: JR states that WR did not seek allowance on the tally before the Barons as claimed. Parties on country, sheriff of Middlesex to have jury here at quindene of Michaelmas.

Postea text: Sheriff did not send writ, to morrow of All Souls 1460.

Postea text: Process continued, jury in respite to morrow of Purification 1461, when pleading adjourned to Easter one month 1461, before which date pleading remained without day, as Edward IV removed Henry VI from the throne. Afterwards, on 17 June 1461, WR sought two writs, one to the sheriff of Devon to re-summon JR and one to the sheriff of Middlesex to have the jury here. These granted, returnable at the quindene of Michaelmas 1461.

Postea text: Parties come, sheriff of Devon did not send writ, to morrow of All Souls 1461.

Court of Common Pleas, CP 40/798, rot. 126

Term: Trinity 1460
County: Middlesex
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Thomas Skelton states that on 12 February 1451, at Westminster, Henry Croker bought from him 4 yards of woollen cloth called musterdvilers, 2½ yards of woollen cloth called russet, 1¼ yards of blue woollen cloth and 8¼ yards of white woollen cloth for 40s, payable on request. However, HC has not paid this, to his damage of £10.

Pleading: HC granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/798, rot. 126d

Term: Trinity 1460
County: Suffolk
Writ type: Debt (other)
Damages claimed: £40
Damages awarded: 13s 4d
Case type: Debt; Real action / rents / damage to real estate

Pleading: William Wylflete, dean of the collegiate church of St John the Baptist at Stoke by Clare, and the college of the same, state that a certain Thomas Barneslay, former dean, and the then college of Stoke by Clare, were seised of an annual rent of 32s by virtue of this house from John Wakeryng, master of St Bartholomew's hospital in West Smithfield, London and parson of Little Wakeryng, payable each year at Stoke at Michaelmas and Easter in equal portions. This had been paid to the former dean and college and all their predecessors by Wakeryng and all his predecessors as parson of Little Wakering. However, 18 years before the date of the plaintiffs' original writ, dated 17 October 1458, JW, the present master withdrew this payment, and has refused to pay this, to the damage of the plaintiffs of £40.

Pleading: JW granted licence to imparl to quindene of Michaelmas, with assent of WW and college.

Pleading: [continued at Michaelmas 1460, rot 485] JW states that WW ought not maintain his action, since the place where the college is situated was formerly a conventual priory known commonly as the priory of Clare, containing religious persons, namely a prior John and various Benedictine monks, of the patronage of Edmund Mortimer, formerly earl of March. Henry V, at the request of the earl, by letters patent enrolled in chancery, dated at Westminster on 16 October 1414, granted the earl letters patent to erect a college to the honour of God and St John the Baptist, for certain secular people, namely a dean and canons [details given; see CPR 1413-16, pp.291-2]. Later, the priory was vacated by the deaths of the prior and monks, and the earl, by this licence and those of Pope Martin and John, then bishop of Norwich, ordinary of that house, founded the college from the priory, making Thomas Barneslay the dean. Thus it was not the case that TB and all his predecessors as deans were seised of this annual rent by right of their college, of the hands of JW and his predecessors, parsons of Little Wakering, as the dean and college have claimed.

Pleading: The dean and college state that the former dean and college and all their predecessors were seised of this rent by virtue of their house, as they have claimed. Enquiry by country, sheriff of either Suffolk or Essex to have jury here at quindene of Hilary.

Postea text: [on CP 40/799, rot 485] Jury in respite to Easter three weeks 1461, before when plea remained without day as Edward IV removed Henry VI from power. On 17 June 1461 WW sought a writ to the sheriff of Suffolk to re-summon JW, and other writs to the sheriffs of Suffolk and Essex to have the jurors here; these were granted, returnable at the quindene of Michaelmas 1461.

Postea text: Process continued, jury in respite to Easter three weeks 1462. Dean and college come by attorney, JW in person, juries of Suffolk and Essex both come. JW, retracting his earlier plea, states that he cannot deny the action, and that TB and his predecessors were seised of this annual rent as claimed by WW, and that he owes the aforesaid £28 16s. Order that the dean and college recover the debt, both that due before the date of the original writ and that incurred since, and damages assigned at 13s 4d. This amounts in total to £34 5s 4d. JW amerced. Dean and college here in court remit the arrears and damages, and JW quit.

Case notes: For an earlier stage of this plea see CP 40/741, rot 314. Continued on CP 40/799, rot 485.

Court of Common Pleas, CP 40/798, rot. 129d

Term: Trinity 1460
County: Kent
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William Haydok amerced for many defaults. Thomas Broun states that on 10 November 1455 William Haydok made a bond with him in £120, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: WH granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/798, rot. 130

Term: Trinity 1460
County: Hertfordshire
Writ type: Debt (loan)
Damages claimed: £10
Damages awarded: []
Case type: Loan

Pleading: John More states that on 20 May 1458 Peter de Berne borrowed £20 from him, payable on request, but has not re-paid this, to his damage of £10.

Pleading: PB acknowledges that he owes JM 8m of this £20 as claimed. Order that JM recover this 8m from PB, and damages assessed at [omitted]. Concerning the remaining 22m, he states that he does not owe this 22m or any money as claimed. Parties on country, jury here at octave of Michaelmas. At the request of JM, PB is committed to the Fleet prison, to remain until he has satisfied JM of the said 8m and damages.

Court of Common Pleas, CP 40/798, rot. 130d

Term: Trinity 1460
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking

Pleading: Henry Grey states that on 26 November 1459 John Hevaut forcibly broke into his house in London, against the peace and to his damage of £20.

Pleading: JH granted licence to imparl, to octave of Michaelmas, with assent of HG. Pledges named for defendant.

Postea text: HG came by attorney, JH did not come, but since it was not known what damage HG suffered in this incident, and the justices wish to be better informed before they proceed to judgment on this default, the sheriff is ordered to enquire of good men within his bailiwick concerning the damages suffered by HG in this trespass, and the costs of his suit, and return this at the octave of Hilary next. Same day given to HG. Pledges to be taken.

Court of Common Pleas, CP 40/798, rot. 132

Term: Trinity 1460
County: Essex
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: John Nele, master of the hospital of St Thomas the Martyr of Acon in London, states that 20 April 1460, at a place called 'St Thomas mill' in West Ham, John Rayfeld, abbot of Stratford Langthorne, took and unjustly detained two horses belonging to JN, contrary to his pledge and to his damage of £10.

Pleading: The abbot states that the taking of the horses was just, since at the time of the detention the master was seised by right of his house of this mill and 8 acres of meadow to the west of the mill in West Ham, of which the place concerned was a parcel, which mill and meadow was formerly the property of Leofwin Richeman and afterwards of John Richeman [details of precise location of the mill and mill pond given], held of the abbot as of his monastery by fealty and a rent of 15s payable at Easter and Michaelmas in equal portions. However, this rent was in arrears for two years before the detention, amounting to 30s, so the abbot justifiably detained the horses from this property.

Pleading: Master JN states that the abbot should not have taken the animals, as the mill and meadow were outside the fee and demesne of the said abbot.

Pleading: The abbot states that the mill and meadow were within his fee and demesne, and not outside, as the master alleges. Enquiry by country, jury here at octave of Michaelmas.

Postea text: Process continued, jury in respite to octave of Hilary 1461, when pleading adjourned to quindene of Easter 1461, before which date the pleading remained without day as Edward IV had removed Henry VI from the throne. Afterwards, on 17 June 1461, the master came and sought a writ to the sheriff of Essex to re-summon the abbot and jury. This was granted, returnable at the quindene of Michaelmas 1461.

Case notes: Presumably the same event as cited on CP 40/798, rot 132d, but here claimed to have taken place at a different location in West Ham.

Court of Common Pleas, CP 40/798, rot. 132d

Term: Trinity 1460
County: Essex
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: John Nele, master of the hospital of St Thomas the Martyr of Acon in London, states that 20 April 1460, at a place called 'le Hope in Forewelde' in West Ham, John Rayfeld, abbot of Stratford Langthorne, took and unjustly detained two horses belonging to JN, contrary to his pledge and to his damage of £10.

Pleading: The abbot states that the taking of the horses was just, since at the time of the detention the master was seised by right of his house of 3 hopes of meadow with appurtenances in West Ham, where the place concerned is and was a parcel, of which two hopes lay to the west of the street leading from the western part of the abbot's mill named 'St Thomas mill' to the causeway which leads from Stratford at Bow to Chelmsford, and lay next to the meadow of the master to the north, and the third of which lay in a place called the 'forewelle' to the south of the causeway, which hopes were held of the abbot by fealty and rent of 2s per year, payable at Easter and Michaelmas, and owing suit of court at the abbot's manor of Sudbury in West Ham four times per year. Abbot William, the present abbot's predecessor, was seised of this rent, but since it was in arrears by two years, and he was owed 4s, the present abbot seized the horses, as was his right.

Pleading: Master JN states that the abbot should not have taken the animals, as the three hopes of meadow were outside the fee and demesne of the said abbot.

Pleading: The abbot states that the mill and meadow were within his fee and demesne, and not outside, as the master alleges. Enquiry by country, jury here at octave of Michaelmas.

Postea text: Process continued, jury in respite to octave of Hilary 1461, when pleading adjourned to quindene of Easter 1461, before which date the pleading remained without day as Edward IV had removed Henry VI from the throne. Afterwards, on 17 June 1461, the master came and sought a writ to the sheriff of Essex to re-summon the abbot and jury. This was granted, returnable at the quindene of Michaelmas 1461.

Case notes: Presumably the same event as cited on CP 40/798, rot. 132, but here claimed to have taken place at a different location in West Ham.

Court of Common Pleas, CP 40/798, rot. 134

Term: Trinity 1460
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 6m
Case type: Bond

Pleading: Memorandum that Walter Ingeham came into court on 18 June this term and presented the following bill. Walter Ingeham seeks of Thomas Kellow, one of the attorneys of the bench, £5 which he owes and unjustly detains. WI states that on 26 September 1459 TK made a bond with him at Westminster in £5, but has not paid, to his damage of 6m. He shows the bond in court. Pledges to prosecute named.

Pleading: TK granted licence to imparl, to octave of Michaelmas, with assent of WI.

Court of Common Pleas, CP 40/798, rot. 139d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Mylton states that on 3 August 1454 William Colton, now deceased, made a bond with him in £9 11s, payable at Christmas then next. However, he has not paid, and neither have his executors, Stephen Spryngold and Richard Adam, to his damage of 100s. He shows the bond in court.

Pleading: SS and RA, executors of WC, state that they had made full administration of all the goods and chattels which belonged to WC on the date of his death before the date of JM's original writ, and had nothing left in their hands on that day or afterwards.

Pleading: JM states that on the day of his original writ, namely 8 January 1460, the executors had various goods formerly of WC still in their hands to the value of this debt, namely in the parish of All Hallows Bread Street, Bread Street ward, London. Enquiry by country, Sheriff to have jury here at quindene of Michaelmas.

Postea text: Sheriff did not send writ, to octave of Martinmas 1460.

Court of Common Pleas, CP 40/798, rot. 141

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Assault; Bond

Pleading: William Grosman states that on 15 February 1457 William Messanger made a bond with him in £11, payable on Christmas Eve then next, but has not paid, to his damage of 20m.

Pleading: WM granted licence to imparl to octave of Michaelmas, with assent of WG. Pledges named.

Pleading: [continued at Michaelmas 1460, rot 141d] WM states that he ought not owe this debt, as WG, in the parish of St Andrew Holborn in London, had made such great threats against his life and injury to his body unless he made this bond that he made the bond out of fear of those threats.

Pleading: WG denies this, stating that WM made the bond freely and not through fear of any threats. Enquiry by country, jury here at Michaelmas one month. Pledges named.

Postea text: [on CP 40/799, rot 141d] Sheriff did not send writ, to octave of Martinmas 1460.

Case notes: Continued on CP 40/799, rot 141d.

Court of Common Pleas, CP 40/798, rot. 142d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Imprisonment

Pleading: John Fox states that on 26 January 1459 John Gardyner made a bond with him in £14 3s 4d, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: JG states that he ought not owe this debt, as at the time of the making of the bond he was imprisoned by JF and his associates in the parish of St Michael Bassishaw, London, and kept there until he made the bond under duress.

Pleading: JF denies this, stating that JG made the bond freely and not under duress. Enquiry by the country, jury here at quindene of Michaelmas.

Postea text: Sheriff did not send writ, to morrow of All Souls 1460.

Court of Common Pleas, CP 40/798, rot. 143d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Teylowe states that on 31 August 1458 William Hewelet made a bond with him in £6, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: WH asks to hear the bond and endorsement, and these are read. The condition of the bond is such that if the within-obliged John Cossall, William [presumably WH], William [no surname given], John Wodeward and Richard [no surname given] should pay JT 20s at All Saints next [1459], 20s at Christmas, 20s at Lady Day [1459], 20s at the Nativity of St John the Baptist 1459, 20s at Michaelmas 1459 and 20s at Christmas, then the bond shall be cancelled, otherwise it shall remain in force. He states that JT's action ought not continue, as he paid JT all these sums as contained in the endorsement, in the parish of St Nicholas Shambles in London.

Pleading: JT, protesting that WH has not paid any of the sums of money contained in the endorsement, states that WH did not pay him the 20s which he should have paid at the Nativity of St John the Baptist aforesaid, according to the terms of the endorsement.

Pleading: WH states that he did pay JT this 20s according to the terms of the endorsement. Parties on country, jury here at octave of Michaelmas. Pledges named.

Postea text: Sheriff did not send writ, to morrow of All Souls 1460.

Court of Common Pleas, CP 40/798, rot. 145d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Richard Quatermayns states that on 20 October 1455 Roger Fastnam made a bond with him in £20, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RF states that he ought not owe this debt, as before the making of the bond, on 10 October 1455, at Maidenhead in Berkshire, he was threatened by RQ and unknown others of his association that unless he made a bond in this sum he would be imprisoned, after which he made this bond out of fear and under duress.

Pleading: RQ denies this, stating that RF made the bond freely and not following threats of imprisonment by him or anyone of his association.

Pleading: RF states that RQ made great threats against him at Maidenhead on that day, unless he made this bond, as he claimed. Parties on country, sheriff of Berkshire to have jury here at quindene of Michaelmas. Pledges named.

Postea text: Sheriff of Berkshire did not send writ, to quindene of Hilary 1461.

Postea text: Jury in respite to quindene of Easter 1461, before which the plea remained without day, after Edward IV removed Henry VI from the throne. On 27 June 1461 RQ sought two writs, one to the sheriff of London, from where the original writ emanated, to re-summon RF to be here to hear the verdict, and one to the sheriff of Berkshire to have the jury here as before. These are granted, returnable at the quindene of Michaelmas 1461.

Court of Common Pleas, CP 40/798, rot. 146

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 6s 8d
Case type: Bond

Pleading: John Bysshop states that on 24 August 1459 Robert Chambre made a bond with him in 20m, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RC granted licence to imparl to quindene of Michaelmas, with assent of JB. Pledges named.

Postea text: JB came, RC did not come, in default. Order that JB recover debt, and damages of 6s 8d. RC amerced.

Court of Common Pleas, CP 40/798, rot. 150

Term: Trinity 1460
County: London
Writ type: Account
Damages claimed: 5m
Case type: Contract (service/employment); Reckoning of account

Pleading: William Russell, clerk of John Ferrers, one of the clerks of the Bench, according to the privileges of officials of this court, states that Henry Hervy served as his receiver from 12 December 1458 for half a year, and during that time received 40s from Thomas Henley in London, to the trade and profit of WR. For this HH was to render reasonable account, but he has not done so, to his damage of 5m.

Pleading: HH states that he was never receiver for WR for this 40s or any money as claimed. Parties on country, jury here at octave of Michaelmas.

Court of Common Pleas, CP 40/798, rot. 151

Term: Trinity 1460
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £10
Case type: Bond; Sale of goods

Pleading: John Teylowe states that on 17 August 1457 John Tyler made a bond with him in £11 13s 3¾d, payable a the feast of the Purification next, and also bought from him 100 ells of linen cloth called 'Holland cloth' for another 54s 8¼d, payable on request. However, he has not paid this total of £14 8s, to his damage of £10. He shows the bond in court.

Pleading: John Tyler granted licence to imparl to quindene of Michaelmas, with assent of plaintiff.

Court of Common Pleas, CP 40/798, rot. 171

Term: Trinity 1460
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Debt; Real action / rents / damage to real estate

Pleading: Nicholas Hatton states that on 25 March 1458 he demised to John Donwich a messuage with appurtenances in West Ham to hold for two years at an annual rent of 4m, payable at the four usual terms. JD held this property for that period, and paid him the 13s 4d due at the first term, the Nativity of St John the Baptist 1458. However, he has not paid the remaining £4 13s 4d outstanding for the rest of this period, to his damage of 100s.

Pleading: JD granted licence to imparl to octave of Michaelmas.

Pleading: [continued at Michaelmas 1460, rot 136d] JD states that NH did not demise this property to him in the form claimed. Parties on country, jury here at morrow of All Souls.

Postea text: [on CP 40/799, rot 136d] Sheriff did not send writ, to octave of Hilary 1461.

Case notes: Continued on CP 40/799, rot 136d.

Court of Common Pleas, CP 40/798, rot. 186

Term: Trinity 1460
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: Ralph Grey and John Souger state that on 28 October 1458, at Stocking Pelham, William Pake made two bonds with them, each in 40s, but has not paid either, to their damage of 10m. They show the bonds in court.

Pleading: WP states that he ought not owe this debt, as at the time of the making of the bond he was imprisoned by RG and JS and their associates in the parish of All Hallows the Great in Dowgate ward, London, and kept there until he made the bond under duress.

Pleading: RG and JS deny this, stating that WP made the bond freely and not under duress. Enquiry by the country, sheriff of London to have jury here at quindene of Michaelmas.

Postea text: Sheriff did not send writ, to quindene of Hilary 1461.

Court of Common Pleas, CP 40/798, rot. 186d

Term: Trinity 1460
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: Ralph Grey and John Souger state that on 28 October 1458, at Stocking Pelham, Thomas Creke made two bonds with them, each in 40s, but has not paid either, to their damage of 10m. They show the bonds in court.

Pleading: TC states that he ought not owe this debt, as at the time of the making of the bond he was imprisoned by RG and JS and their associates in the parish of All Hallows the Great in Dowgate ward, London, and kept there until he made the bond under duress.

Pleading: RG and JS deny this, stating that TC made the bond freely and not under duress. Enquiry by the country, sheriff of London to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/798, rot. 188d

Term: Trinity 1460
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 20m
Case type: Bond; Loan

Pleading: Thomas Canyng states that on 4 August 1451 John Bluet made a bond with him in £11, payable at the feast of the Exaltation of the Holy Cross then next, and also borrowed a further £25, payable on request. However, JB has not paid this total of £36, to his damage of 20m. He shows the bond in court.

Pleading: JB granted licence to imparl to quindene of Michaelmas, with assent of TC.

Pleading: [continued at Michaelmas 1460, rot 142d] JB states that the bond in £11 is not of his making. Parties on country. Also, he states that he doe not owe TC the other £25 or any money as claimed. Parties on country, jury here at octave of Hilary. Bond in safe-keeping of Henry Fylongley.

Postea text: [on CP 40/799, rot 142d] On 20 October 1461, bond returned to William Tasburgh aforesaid [sic], as process discontinued. John Fogge, now clerk of the bench, quit.

Case notes: Continued on CP 40/799, rot 142d.

Court of Common Pleas, CP 40/798, rot. 198

Term: Trinity 1460
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: Richard Foweler states that on 1 September 1459 John Parys, together with Maurice Neweton, forcibly gathered together 20 unknown malefactors and disturbers of the king's peace, armed and arrayed for war, and lay in wait to kill RF at Cowley ('Church Cowley') in Oxfordshire, and beat, wounded and badly treated him and made such threats against his life and limbs at Tetsworth and caused such great injuries that he dared not go about his business, namely the collection of his rents and the supervision of his husbandry, for fear of death or injury for a month after that date, as a result of which his business remained undone. This was against the peace, and to his damage of £40.

Pleading: JP denies responsibility for this trespass as claimed. Parties on country, jury here at quindene of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/798, rot. 198d

Term: Trinity 1460
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Maunche states that on 19 May 1457 Simon Stephen made a bond with him in 56s 8d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: SS granted licence to imparl to quindene of Michaelmas, with assent of JM.

Court of Common Pleas, CP 40/798, rot. 198d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Robert Gylle states that on 1 May 1459 John Kyghley made a bond with him in £4, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JK granted licence to imparl to quindene of Michaelmas, with assent of RG.

Pleading: [continued at Michaelmas 1460, rot 147d] JK states that he made a bond in that place on that day for £4, payable to RG on the condition that, whereas Richard Wodevile, Lord Rivers, was then indebted to John Gille, father of Robert in £350 10s 10d, if JK should, by his mediation and labour, get Lord Rivers to make a bond with John Arundell, bishop of Chichester in this £350 10s 10d, for the greater security of this debt, then the bond should be cancelled. JK states that he is a man of little learning, and the bond was read to him in English as containing this condition, and he, believing this, sealed it. He therefore says that this simple bond, not containing this clause, is not of his making. Parties on country, jury here at morrow of Martinmas. Bond in safe-keeping of Henry Fylongley.

Postea text: Sheriff did not send writ, to octave of Hilary 1461.

Postea text: Writ arrived too late, to quindene of Easter 1461. Before that date, plea remained without day, as Edward IV removed Henry VI from the throne. On [date missing - section omitted from postea by scribe], RG sought writ to sheriff of London to re-summon JK and have jury here. Granted, returnable at Michaelmas three weeks.

Postea text: RG came, sheriff said JK had nothing, sheriff to take for octave of Hilary. Jury did not come, in respite to same term.

Case notes: Continued on CP 40/799, rot 147d.

Court of Common Pleas, CP 40/798, rot. 202

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Reginald, prior of the priory of St Bartholomew in Smithfield, London, states that on 20 February 1441 William Blakwelle made a bond with him in 100m, payable at Michaelmas then next. The prior acknowledges payment of 40m of this, but WB has not paid him the remaining £40, to his damage of 40m. He shows the bond in court.

Pleading: WB granted licence to imparl to octave of Michaelmas. WB appoints John Ferrers as his attorney against the prior.

Pleading: [continued at Michaelmas 1460, rot 108] WB states that he ought not owe this debt, as at the time of the bond he was a lay man and of little learning, and that it was agreed between him and then prior that WB should seal a certain conditional bond for 100m, stating that if a certain Hugh Smyth should pay the prior £40, which HS owed to the prior, then the bond shall be cancelled. He states that the bond presented here was read to him at the time of its making as containing this condition, and he, believing this, sealed it and delivered it to the prior. Therefore this simple bond, without this condition, is not of his making. Parties on country, jury here at morrow of All Souls. Bond to remain in safe-keeping of Henry Fylongley.

Postea text: [on CP 40/799, rot 108] Sheriff did not send writ, to octave of Martinmas 1460.

Case notes: Continued on CP 40/799, rot 108.

Court of Common Pleas, CP 40/798, rot. 202d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Richard Lee and John Stokes state that on 28 April 1459 Richard Peverell made a bond with them in £50, but has not paid, to their damage of £10. They show the bond in court.

Pleading: RP granted licence to imparl to octave of Michaelmas.

Pleading: [continued at Michaelmas 1460, rot 103] RP states that he ought not owe this debt, as at the time of the making of the bond he was imprisoned by RL and JS and their associates in the parish of St Stephen Walbrook, London, and kept there until he made the bond under duress.

Pleading: RL and JS deny this, stating that RP made the bond freely and not under duress. Enquiry by the country, jury here at Michaelmas one month.

Postea text: [on CP 40/799, rot 103] Sheriff did not send writ, to octave of Martinmas 1460.

Case notes: Continued on CP 40/799, rot 103.

Court of Common Pleas, CP 40/798, rot. 207

Term: Trinity 1460
County: Middlesex
Writ type: Debt (other)
Damages claimed: £10
Case type: Debt; Real action / rents / damage to real estate

Pleading: William Holman states that at Michaelmas 1445, at Westminster, he demised to John Walfrey a tenement in the parish of St Martin Orgar in London, to hold of him for 6 years, at an annual rent of 26s 8d, payable at Christmas and the Nativity of St John the Baptist. JW held this property for this term, for which he owes 12m in rent, he has not paid this sum to WH, to his damage of £10.

Pleading: JW states that he does not owe WH this 12m or any money as claimed. Parties on country, jury here at octave of Michaelmas. Pledges named for defendant.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Easter 1461.

Court of Common Pleas, CP 40/798, rot. 207

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond

Pleading: William Clyf states that on 14 March 1448 Robert Chopyngton made a bond with him in £4, but has not paid, to his damage of 5m. He shows the bond in court.

Pleading: RC granted licence to imparl to octave of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/798, rot. 208

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 4m
Case type: Bond

Pleading: John Godyn states that on 19 December 1459 William Warbilton made a bond with him in 70s, but has not paid, to his damage of 4m. He shows the bond in court.

Pleading: WW seeks to hear the bond and the endorsement, and these are read. The endorsement states that the condition of the bond is such that if WW or his heirs, etc, should pay JG or his heirs, etc, 40s on 20 January 1460 and the remaining 30s on 1 March 1460, then the bond shall be cancelled. Having heard this, WW states that he has fulfilled all the conditions of this endorsement.

Pleading: JG, protesting that WW has not implemented any of the conditions given in the endorsement, states that WW did not pay the 30s due on 1 March 1460 as required.

Pleading: WW states that he paid this 30s to JG at Yalding on 1 March as specified. Parties on country, sheriff of Kent to have jury of Yalding here at octave of Michaelmas.

Case notes: See also rot 208d.

Court of Common Pleas, CP 40/798, rot. 208d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 4m
Case type: Bond

Pleading: John Godyn states that on 19 December 1459 John Colt made a bond with him in 70s, but has not paid, to his damage of 4m. He shows the bond in court.

Pleading: JC seeks to hear the bond and the endorsement, and these are read. The endorsement states that the condition of the bond is such that if JC or his heirs, etc, should pay JG or his heirs, etc, 40s on 20 January 1460 and the remaining 30s on 1 March 1460, then the bond shall be cancelled. Having heard this, JC states that he has fulfilled all the conditions of this endorsement.

Pleading: JG, protesting that JC has not implemented any of the conditions given in the endorsement, states that JC did not pay the 30s due on 1 March 1460 as required.

Pleading: JC states that he paid this 30s to JG at Yalding on 1 March as specified. Parties on country, sheriff of Kent to have jury of Yalding here at octave of Michaelmas.

Case notes: See also rot 208.

Court of Common Pleas, CP 40/798, rot. 238

Term: Trinity 1460
County: Gloucestershire
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Mounemouth states that on 14 November 1458 Nicholas Bailly made a bond with him in 10m, payable on 13 December 1458. JM acknowledges that he has been paid 4m of this sum, but NB has not paid the remaining 6m, to his damage of 10m. He shows the bond in court.

Pleading: NB shows in court a writ of supersedeas directed to the justices of the bench, dated at Westminster on 12 June 1460, citing the privileges of ministers and clerks of chancery and their servants to have their cases tried in Chancery, noting that NB is a servant of John Faukes, one of the clerks of Chancery, and ordering them to cease the case and tell JM to sue the case in Chancery if he wishes. When this was read, NB states that he is a servant of JF, and was on the day of JM's original writ and afterwards.

Pleading: JM granted licence to imparl to quindene of Michaelmas.

Postea text: [Marginal note that it is recorded by the justices that the parties do not have a day beyond the quindene of Michaelmas.]

Court of Common Pleas, CP 40/798, rot. 245d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Case type: Bond

Pleading: John Fawconer states that on 19 April 1459 John Salman made a bond with him in £10, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JS granted licence to imparl to octave of Michaelmas, with assent of JF.

Pleading: [continued at Michaelmas 1460, rot 141] JS states that he cannot deny the action, and admits the debt as claimed. Order that JF recover the debt and damages of 20s. JS amerced.

Postea text: [on CP 40/799, rot 141] On 6 November 1460 JS committed to the Fleet until payment made.

Postea text: Record and process summoned before the king, by writ of error dated 6 November 1464, directed to Robert Danby, CJCP.

Case notes: Continued on CP 40/799, rot 141.

Court of Common Pleas, CP 40/798, rot. 258d

Term: Trinity 1460
County: Kent
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 10s
Case type: Bond

Pleading: Thomas, prior of St Gregory's, Canterbury, amerced for many defaults. John Upnore states that on 12 May 1457 Thomas, prior of St Gregory's, Canterbury, and the convent of that house, made a bond with him under their seal in £6 4s 8d, payable in the cathedral in Canterbury at the feast of St Andrew next. JU acknowledges payment of 4s 8d of this sum, but he has not received the remaining £6, to his damage of 10m. He shows the bond in court.

Pleading: Prior Thomas granted licence to imparl to morrow of All Souls, with assent of JU.

Postea text: JU comes by attorney, attorney for Prior Thomas states that he has not been informed by his master of any response to make to JU. Order that JU recover debt, and damages of 10s. Prior amerced. JU remits 62s of this sum to the prior, who is quit of this sum.

Postea text: JU acknowledged satisfaction of the outstanding 58s and the damages. Prior Thomas quit, and sent without day.

Court of Common Pleas, CP 40/798, rot. 259d

Term: Trinity 1460
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Housebreaking; Taking of goods

Pleading: Hugh Warner, by the privileges accorded to clerks and officials of this court, states that on 20 March 1460 William Boteller and his wife Margery forcibly broke his close in London and took away goods and chattels worth 40s, namely three yards of crimson woollen cloth, against the peace and to his damage of 100s.

Pleading: WB and MB granted licence to imparl to quindene of Michaelmas, with assent of HW. Pledges named for defendants [3 only], on pain of 100s each.

Court of Common Pleas, CP 40/798, rot. 263

Term: Trinity 1460
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Adam Odam states that on 20 December 1459 William Fenys borrowed 4m from him, payable on request, but has not re-paid this debt, to his damage of 40s.

Pleading: WF granted licence to imparl to quindene of Michaelmas, with assent of AO.

Court of Common Pleas, CP 40/798, rot. 269d

Term: Trinity 1460
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Debt; Real action / rents / damage to real estate

Pleading: John Horsley and Thomas John, executors of Agnes Guybon, state that on [date omitted], in London, Agnes G, now deceased, demised to RB [omitted] acres of land and 2 acres of meadow with appurtenances in Chertsey in Surrey, to hold of AG for 6 years at an annual rent of 8s, payable at [omitted]. RB held this property for this period, for which he owed 44s [sic], but did not pay AG during her life, and has not paid the plaintiffs, her executors, after her death, to their damage of 100s. They show in court the testamentary letters of AG, by which they have executry and administration.

Pleading: RB granted licence to imparl to octave of Michaelmas. Pledges named.

Case notes: Pleading has many omissions, and rent calculation is inconsistent.

Court of Common Pleas, CP 40/798, rot. 270

Term: Trinity 1460
County: Surrey
Writ type: Debt (other)
Damages claimed: 10m
Case type: Debt; Real action / rents / damage to real estate

Pleading: John Gyfford, administrator of the goods formerly of John Gargrave, states that on 1 July 1449, in Southwark, John Gargrave demised to John Umfray a messuage with appurtenances in Southwark, to hold for two years at an annual rent of 26s 8d, payable at the four usual terms. By virtue of this, JU held this property for these two years, for which he owed 53s 4d, but he did not pay this to Gargrave during his life, and has not paid Gyfford, his administrator, after Gargrave's death, to his damage of 10m. Gyfford shows in court the letters of Thomas, Archbishop of Canterbury, by which he has administration.

Pleading: JU granted licence to imparl to octave of Michaelmas. Pledges named.

Pleading: [continued at Michaelmas 1460, rot 317] JU states that the case ought not continue, as John Gargrave did not demise this property to him as claimed by Gyfford. Parties on country, jury here at octave of Hilary. Same pledges named.

Postea text: [on CP 40/799, rot 317] Gyfford granted licence to imparl to quindene of Easter 1461.

Case notes: Continued on CP 40/799, rot 317.

Court of Common Pleas, CP 40/798, rot. 270d

Term: Trinity 1460
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods

Pleading: Thomas Nyche states that on 25 November 1457 William Bourgchier, Lord FitzWarin, made a bond with him, which he shows in court, in £6 11s 8d, payable on request. However, he has not paid this debt to TN, to his damage of £20. He shows the bond in court. [Recited in full, in English, making reference to the debt as being for 'diverse parcels', presumably merchandise bought by WB].

Pleading: WB granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/798, rot. 274

Term: Trinity 1460
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Damages awarded: 6s 8d
Case type: Loan

Pleading: Hugh Unton, attorney of the court, by the privileges enjoyed by officials of this court, states that on 12 November 1459, in London, James Bolehale borrowed 46s 8d from him, payable on request, but has not re-paid this, to his damage of 40s.

Pleading: JB admits the action, and that he owes this 46s 8d as claimed. Order that HU recover debt, and damages of 6s 8d. JB amerced. HU releases the debt and damages. JB quit.