Author Topic: debtStone, Christopher,Forde, William, of Sellynge, husbandman, executors of; (  (Read 140 times)

Offline David Boulding

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Hilary Term, 1584, sorted by plaintiff names K-Z (By Vance Mead)
https://waalt.uh.edu/index.php/CP40/1422-3:_K-Z
http://aalt.law.uh.edu/AALT4/Eliz/CP40no1422/aCP40no1422fronts/IMG_1065.htm
1422 / f   1065   Kent   debt   Stone, Christopher   Forde, William, of Sellynge, husbandman, executors of; (Wrathe, John, of Sellynge, husbandman; Mary his wife)

Can anyone tell me what's going on here? I suspect Christopher was unable to raise the money he owed but it would be nice to have confirmation of this. I know that in William Forde's will dated 1582 he wrote:

 "I gyve unto Stephen my sonne my howse and lands at Bunningtonne which I late purchased of Xtoper Stone for him and his heires forever Provided that is Xtopher Stone or his assignes do paye or cause to be payde unto Stephen my sonne or his assignes the some of xxxli of lawful money of England in the daye of the feaste of Sainte Michael the'arkeangle next after the date of this my presente will. That then sayde moneye shall remaine to the only use of my sayde sonne Stephen and to his heires and assignes."
Boulding Boulden Bollyng (all - mostly Kent)
Finch (Kent - Henry & Elizabeth (Fossett)  Finch m1687  London)
Foord (Kent - Aldington, Stanford area)
Philpot (Kent - Alexander Philpot died 1601 Ashford)
Waggon/Waghorn (Kent pre 1715)
Rose (Kent)

Offline horselydown86

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Re: debtStone, Christopher,Forde, William, of Sellynge, husbandman, executors of; (
« Reply #1 on: Wednesday 24 April 24 18:18 BST (UK) »
Christopher Stone is taking action to recover 8 pounds which he says are unjustly detained by John Wrathe and his wife Mary.  Mary is the executrice of William fforde.

Because it specifies that Mary was William fforde's executrice it's likely that the debt was originally incurred by fforde.

However, nothing in the record discloses this debt's origin.  It may be nothing to do with the house and lands.

John Wrathe and Mary didn't come to court.  The rest of the entry concerns the actions to be taken by the sheriff.

Offline horselydown86

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Re: debtStone, Christopher,Forde, William, of Sellynge, husbandman, executors of; (
« Reply #2 on: Wednesday 24 April 24 20:09 BST (UK) »
I should add that normally the plea in a debt like this (when there are more than one defendant) says debent & iniuste detinent  = they owe and unjustly detain.

In this case the debent has been scrubbed out, leaving only & [sic] iniuste detinent.

Omitting the redundant &, this = they unjustly detain.

This clearly has a significance, but what it is can't be discerned.

Offline David Boulding

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Re: debtStone, Christopher,Forde, William, of Sellynge, husbandman, executors of; (
« Reply #3 on: Thursday 25 April 24 12:58 BST (UK) »
Fantastic help in translating this for me... I really appreciate the effort taken by you and the kind people here helping with this.

These little documents are so tantalising and when they backup little bits of information that I have learned from William Forde's will it all adds to help solving puzzles. In the past these little documents were out of my grasp.

Thank you once again.

As an aside William Forde (later Foord) is in my direct line twelve generations ago.
Boulding Boulden Bollyng (all - mostly Kent)
Finch (Kent - Henry & Elizabeth (Fossett)  Finch m1687  London)
Foord (Kent - Aldington, Stanford area)
Philpot (Kent - Alexander Philpot died 1601 Ashford)
Waggon/Waghorn (Kent pre 1715)
Rose (Kent)