The epitome of a thrusting and ambitious late medieval lawyer – full of ‘insatiable covetise’ according to one of his opponents
Thomas had certainly established himself at London by 1434, since he was then one of the under sheriffs of the City. The appointment became a lifelong one in July 1441, when the common council decided that, for the sake of economy and convenience, under sheriffs should in future remain in office indefinitely during good behaviour.
Among the institutions in the City with which Burgoyne had dealings were the Drapers’ Company, of which Clopton was a member, the Mercers’ Company and the hospital of St. Bartholomew in West Smithfield. Burgoyne served as a legal adviser to the Drapers’, which he himself joined. In 1441-2, he received a yard and a quarter of scarlet and violet cloth, worth 13s. 4d., from the company, which he paid 12d. in quarterage fees during the same year.
Burgoyne’s association with the hospital was a lifelong one. Four years after making this award, he was associated with William Clere (clerk of the King’s works), Henry Frowyk I*, Richard Sturgeon, a clerk of the Crown, and others in a series of transactions by which the King granted certain lands in Hendon, Middlesex, to the hospital.
Perhaps the most important of Burgoyne’s connexions among individual citizens was the mercer, Geoffrey Boleyn. In the mid 1440s, he and Boleyn were co-plaintiffs in a debt suit initiated in the court of common pleas.
Notwithstanding his London career, Burgoyne remained involved in the affairs of his native county, where he served as a j.p. and which he represented in the Parliament of 1442. During this assembly, he attended to personal as well as public affairs, beginning the process of safeguarding himself from the possibility of legal sanctions arising from the outlawry of a namesake, Thomas Burgoyne of Lamberhurst, Kent. This Kentish gentleman likewise had a connexion with London and it was as ‘lately of London’ that he had incurred the outlawry, for failing to answer a suit for debt in the court of common pleas. Concerned that the authorities might mistakenly take action against him rather than Thomas of Lamberhurst, the MP obtained a royal writ directing the court to investigate the matter, just over a fortnight after the Parliament opened. In the following Trinity term, a jury at Westminster declared that the outlawry did indeed apply to the Lamberhurst Thomas and not to the MP.
It is likely that Burgoyne had a flourishing legal practice by the time of his first Parliament, for in October 1442 he obtained an exemption for life from the onerous offices of serjeant-at-law, sheriff or escheator, presumably because they might restrict his legal income.
The election of Burgoyne as an MP for London in the succeeding Parliament must have owed much to his ties with the likes of Geoffrey Boleyn and other leading civic oligarchs, although he also possessed other influential connexions at this stage of his career. In 1444 he had acted as a feoffee in a couple of land conveyances on behalf of the chancellor of the Exchequer and royal physician, John Somerset*,
How Burgoyne came to sit for the borough of Bridgwater in 1447 is not clear. In the past the electors of this Somerset port had often chosen outsiders to represent them,
In the early 1450s Burgoyne was the defendant in another Chancery suit, brought by Robert Shorditch of Chelsea sometime after July 1452. In his bill Shorditch referred to a conveyance by which his deceased father John* had granted a manor in Chelsea, along with his lands in that parish and Hackney, to Burgoyne and other trustees. (This transaction was almost certainly the one formally recorded by means of a fine in the common pleas in early 1450.) Robert said that he had agreed to marry Margaret, the daughter of Robert Tanfeld*, but that Burgoyne had refused to obey his instructions to convey most of this property to Tanfield and other new trustees. The court found for the plaintiff in a judgement of February 1453. A note on the dorse of his bill reveals a connexion with Burgoyne, for it records that he had previously been the husband of the MP’s late daughter, Alice. It is impossible to say whether the elder Shorditch’s conveyance arose from his son’s marriage to Alice, although the text of the bill shows that Burgoyne had chosen the other feoffees involved in it.
The Shorditch suit was probably a minor irritant for Burgoyne, for he was already embroiled in a far more serious quarrel with the nuns of Denney abbey, a Cambridgeshire-house of minoresses. Although he was a combative character and, not surprisingly for a lawyer, habitually used the central common law courts, this affair was almost certainly his most protracted dispute, since it was still unresolved at his death. The result of the conflicting jurisdictional claims of Burgoyne, as lord of a manor at Impington, and the abbess and convent, as holders of the neighbouring manor at Histon, it had begun in 1452. Burgoyne was certainly a difficult and persistent opponent for, in a letter she wrote to her kinsman John Paston* seven years later, Joan Keteryche, the recently elected abbess, claimed that the stress caused by the (still ongoing) dispute had caused her predecessor, Katherine Sybyle, to resign.
It is possible that the men whom the Burgoynes sued had been acting on behalf of the nuns, but a Chancery bill filed by the abbey against Burgoyne’s executors in the early 1470s suggests that the men of Denney, Histon and the other townships probably also had their own reasons for resenting his behaviour in their neighbourhood. Grasping the opportunity to strike back now that he was out of the way, the nuns summed up some 20 years’ worth of grievances in their bill. A general charge, to the effect that Burgoyne had sought to increase the value of his manor at Impington at the expense of the abbey’s at Histon, was followed by a series of specific accusations. They said that he had appeared in person at a leet held at the latter manor at Michaelmas 1452 and, with threats and intimidation, had forbidden the tenants to make any more presentments at the abbey’s courts and leets or to pasture their beasts in Histon fields. He had also each year impounded livestock belonging to them and their tenants and charged 1d. for every animal they wanted returned. He had further harassed the tenants by taking out numerous common law suits against them, by causing them to be indicted before himself in his capacity as a j.p. and keeper of the rolls (‘keeper of the books’ in the words of the bill) in Cambridgeshire, and by imprisoning them until they paid him fines. Finally, he had occupied a fen belonging to the abbey for over 20 years. The nuns also claimed that Burgoyne’s actions had cost them just under £600 in losses and damages, and that they had incurred debts of over £300 in defending their rights, forcing them to pawn all their plate and jewels, except for a single chalice. Even allowing for exaggeration on the nuns’ part, they had undoubtedly suffered at the hands of Burgoyne. In response to these charges his executors – his widow, Alice, and son, John – asserted that the whole business was a matter for the spiritual courts and was not determinable in the King’s courts at Westminster, and that, in any case, his death meant that no action could be taken for any trespasses that he might have committed.
Despite the protracted nature of Burgoyne’s dispute with Denney abbey, it would not appear to have disrupted his London career in the meantime. In the early autumn of 1455, he was part of a delegation from the City that waited upon the queen at Hertford.
Whatever the case, the city’s authorities entrusted Burgoyne with important official business later in the same decade. On 11 Oct. 1459, the day before the Yorkist defeat at Ludford Bridge and some five weeks before the partisan Parliament that sat at Coventry, the common council decided that the MP (identified in its minutes as a ‘councillor’) should wait upon the King to assure him of the City’s loyalty.
In his later years Burgoyne continued to act as a feoffee for various Londoners, most notably the grocer, William Taylour, for whom he was still performing this role in the later 1460s,
Burgoyne left his widow half of any goods and chattels that might remain after the performance of his will. As for the remainder, his eldest son, John, was to have half and the children of his second marriage, Thomas and Alice, the rest. There is no extant inquisition post mortem for his lands, but his holdings must easily have qualified him for knighthood, an honour he had declined five years before his death, opting to pay a fine of 60s. instead.
Perhaps not surprisingly, for the Burgoynes were certainly a fractious family, a quarrel erupted between Burgoyne’s executors immediately after his death. His son John accused his stepmother of frustrating the execution of the will by detaining deeds and goods belonging to the former MP’s estate, whereupon the auditor-general of the archbishop of Canterbury excommunicated Alice. She appealed to the Pope, who in November 1470 ordered the abbot of Westminster and a canon of the diocese of London to grant her conditional absolution while they investigated the matter.
