CP40/585: Easter term 1407

Court of Common Pleas, CP 40/585, rot. 009

Term: Easter 1407
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Taking of goods

Pleading: John P. claims that John C. used force and arms to seize and carry off his trees and underwood at Kelshall, Hertfordshire, to the value of £40. The trees and wood taken were namely, 200 oak, 100 ash trees, and 20 carts of underwood. Damages are claimed at £100.

Pleading: JC says that he is innocent and puts himself upon the country, and JP puts himself likewise. Order to the sheriff etc. Noted that JC puts in his place, concerning this case, Thomas C.

Postea text: 2 posteas - both say that the sheriff did not send the writ, forwarding the case as far as Easter term 1408.

Postea text: postea 3 - the sheriff returns that he delivered the writ to John Bygge, bailiff of the liberty of the bishop of Ely, who returned nothing etc. Order to the sheriff that he ought not omit the said liberty etc., forwarding the case as far as Trinity term 1408.

Court of Common Pleas, CP 40/585, rot. 040

Term: Easter 1407
County: London
Writ type: Detinue
Damages claimed: 40s
Case type: Detention of goods

Pleading: Hugh G. claims that he delivered to John M. for safe keeping a certain horse worth 40s, which JM now detains. Damages are claimed at 40s.

Pleading: JM says that he does not detain HG's horse and puts himself upon the country, and HG put himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Postea text: 3 posteas - all say that the sheriff did not send the writ, forwarding the case as far as Hilary term 1408.

Court of Common Pleas, CP 40/585, rot. 106

Term: Easter 1407
County: London
Writ type: Trespass (force and arms)
Damages claimed: £500
Case type: Taking of goods

Pleading: Richard E. claims that Hans I. used force and arms to break his house and carry off goods worth £120. The goods taken were namely one great cross of silver, gilded and enamelled, with a certain small cross of wood showing the crucifixion of Christ in the middle of the same great cross, and diverse precious stones set into the same. The stones were namely a ruby under the feat of Christ, and garnets and emeralds affixed around the back of the same great cross. Also taken were two images, one of St Mary and one of St John the Evangelist, made of silver and gilded, standing upon two silver and gilded columns/posts (columpnas) on either side of the aforesaid great cross. Also, one mazer-band of silver and gilded, one silver salt-cellar (salsaria), two silver girdles, a silver stirrup harness (stipat' harnesia argenti), two other girdles, two pieces of silver called 'taynes', 16 silver spoons, one silver and gilded spoon, gold and silver rings, chapes and lockets of silver for baselards and daggers made of silver, and other diverse tools of RE's art (as a goldsmith). Damages are claimed at £500.

Pleading: HI says that he is innocent and puts himself upon the country, and RE puts himself likewise. Order to the sheriff of London etc.

Court of Common Pleas, CP 40/585, rot. 128

Term: Easter 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Thomas S. and Alice C., executors of AC's late husband Roger C., claim that Richard S. owes them 40s arising from the sale of cloth. TS and AC say that the late RC sold 4 yards of blue woollen cloth and 7 yards of black cloth to RS, but that RS has not paid. Damages are claimed at 40s. TS and AC present letters testamentary to the court, showing that they are administrators and executors of RC.

Pleading: RS says that he does not owe the aforesaid executors 40s nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance.

Court of Common Pleas, CP 40/585, rot. 130

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 40s
Case type: Bond; Real action / rents / damage to real estate

Pleading: William H. claims that John C. owes him £40 per a bond, payable at London. Damages are claimed at £20. Bond shown in court. Noted that the bond does not say where it was made, but WH says it was made at London etc.

Pleading: JC asks that the bond and its endorsement be read to the court. The endorsement says that if a certain William B. and his heirs should hold to all the agreements made between WB himself and WH concerning the payment of rents for diverse lands tenements and gardens in the vill of Shephall and Stevenage, Hertfordshire, as agreed in indentures made between them, then the bond shall be null and void. Upon this JS presents to the court his part of the indenture mentioned in the endorsement [recited in full, in French], which states that this indenture, made in London on the Monday before Michaelmas 22 Richard II (23 September 1398), records that WH had granted to WB all the lands which WH had in Shephall and Stevenage of the grant of Robert de Brome, along with a close and garden which WH purchased from Nicholas Bouton and Geoffrey Ame, to hold from the said Michaelmas for 12 years, at an annual rent of £3 8s payable at Christmas, Easter, the Nativity of St John the Baptist and Michaelmas, beginning at Christmas then next, and paying all other charges such as fifteenths and half-fifteenths. And WH should deliver to WB on his entry 3 horses worth 30s, two cows worth 20s, five quarters of 'barley drage' worth 15s, 3 quarters of wheat worth 12s, three quarters of oats worth 6s, three quarters of peas worth 8s, the which should all later be returned to WH, or the value of them, three years after the date of the indenture. And WB has borrowed from WH one 'brewled' for one year. And WH has given WB 2s to allow a tiler to make repairs to the buildings before WB's entry, which repairs should be made by WB as quickly as possible. WB also grants that WH may have entry twice or three times per year during the first year to carry off his goods and chattels, and to inspect the buildings for defects, and any repairs found should be made within 6 weeks of their discovery. WB should have housebote, etc, without making waste, for the said 12 years. WB also grants that if the rent is in arrears, in part or whole, for 6 weeks beyond any due date, or he commits waste or fails to make repairs, then WH may re-enter, this agreement notwithstanding. He also warrants the property, etc. WB may also have entry in the last year to remove his goods and chattels. Having heard this, JC states that he should not owe this debt, as WB held faithfully to all the terms of this indenture as stated.

Pleading: WH says that the bond is payable, because WB did not pay WH the aforesaid rents of £3 8s at the feast specified in the indenture etc. WH also says that WB made waste and destruction of the aforesaid lands, buildings, woods, and gardens contrary to the form and effect of the indenture. WH says that on 29/07/1404 he made entry into the said lands etc. at Shephall to see their state of repair, and found that the house and buildings were partially unroofed and the doors, windows, and walls were in a state of ill-repair. WH says that WB did not undertake to repair them within the said time. Hence, WB did not hold to the said indenture.

Pleading: JC says that WB fully repaired the said structures and puts himself upon the country, and WH puts himself likewise. Upon this JC says that the properties in question are in Hertfordshire and so order to the sheriff of Hertfordshire etc. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of Hertfordshire returns that he writ was delivered to John H., bailiff of the liberty of the abbot of St. Albans, who returned nothing etc. The sheriff of Hertfordshire is ordered not to omit the said liberty etc., and the case is forwarded as far as the octave of St. John the Baptist 1407.

Postea text: postea 2 - the sheriff of Hertfordshire returns that the writ reached him too late , and the case is forwarded as far as Michaelmas term 1407.

Postea text: postea 3 - continuance between the parties as far as Trinity term 1408, so that a jury may be placed etc.

Postea text: postea 4 - JC does not come and so is in default. Case respited as far as the octave of St John the Baptist 1408, so that a jury might be placed versus JC.

Postea text: postea 5 - a jury comes and says on oath that WB did not repair the said houses and buildings within the time aforesaid. WH is to recover the said £40 debt on the bond, plus damages of 40s

Postea text: postea 6 - WH comes before the court on 07/10/1408 and seeks a writ of elegit for the sheriff of London concerning £22 of the aforesaid debt and damages awarded, and writ of elegit to the sheriff of Hertfordshire concerning £20 of the aforesaid debt and damages awarded. This writs are made, returnable in Hilary term 1409.

Court of Common Pleas, CP 40/585, rot. 159

Term: Easter 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John O. with his wife Lettice O. claims that Geoffrey M. owes them £23 arising from the sale of goods. JO and LO say that whilst a woman alone LO sold to GM diverse electuaries, medicinal powders, physician's ointment, syrups, bandages, herbal waters, and diverse medicines and drugs. Damages are claimed at £20.

Pleading: GM says that he does not owe JO and LO the said £23 nor any other monies and offers his law. Pledges of law are named.

Postea text: postea 1 - GM makes essoin and so the case is forwarded as far as Michaelmas term 1407.

Postea text: postea 2 - JO does not come and so is in default. JO and his pledges of the prosecution are in mercy. GM is without day.

Court of Common Pleas, CP 40/585, rot. 210

Term: Easter 1407
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £200
Damages awarded: 12m 16s
Case type: Housebreaking; Taking of goods

Pleading: John Tittesbury states that on the feast of St Peter ad Vincula (1 August) 1406) Ralph Snowe forcibly broke his close and house in Barking, and took and carried away five horses, five oxen, two cows and four pigs worth a total of £12, and also cut down and took away 100 oak trees and 100 cartloads of underwood, reaped his oats, and took 60 cartloads of hay and corn, and also took away three chests, one chair, 2 casks of 'ffir', 2 counting-boards ('computatoria'), one brass jar, one hand mill ('molam') and other household utensils, one plough with all appurtenances, one cart, 12 cartloads of straw, 300 cartloads of dung, and other necessities of husbandry, and doors, windows, locks, bolts and chains, to a total value of £18, as well as 100s in cash. He also destroyed growing crops worth 100s. This is to his damage of £200.

Pleading: RS denies this trespass as claimed. Parties on country, sheriff to have jury here at octave of Trinity, notwithstanding the liberty of the abbess of Barking.

Postea text: Process continued, jury in respite to morrow of Martinmas 1407, before which process was adjourned by writ of common adjournment to the octave of Hilary 1408. On this day, parties come, jury says that RS is responsible for taking 2 of the horses, reaping and taking the oats, mowing the grass and taking 20 carts of hay, but is not responsible for the rest of the alleged trespass. Damages and costs assigned to JT for the part of which RS was responsible at 12m 16d. RS to be taken. JT amerced for false claim on the rest; RS sent without day on that part.

Postea text: RS, present in the court, committed to the Fleet prison, to remain until etc.

Court of Common Pleas, CP 40/585, rot. 212

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Richard E. claims that William S. owes him £48 12s on a bond. Bond shown in court. Damages claimed at £40.

Pleading: WS says that the force of the bond ought not hold because at the time of its making he was imprisoned by RE and his associates at Melton, Suffolk.

Pleading: RE says that WS was a free man at the time of the making of the said bond and seeks inquiry upon the country, and WS seeks likewise. Order to the sheriff of Suffolk etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/585, rot. 214

Term: Easter 1407
County: Yorkshire
Writ type: Debt (other)
Damages claimed: £300
Case type: Bond; Loan; Reckoning of account

Pleading: John Burgeys claims that the bishop John F. of Ely owes him £402 7s 1d. John Burgeys claims that bishop JF appointed him as his treasurer and receiver, whilst bishop JF was the bishop of Durham. During this time John Burgeys received diverse monies on behalf of the bishop, and rendered those same monies to bishop JF, until 16/11/1388 when an accounting was heard before auditors William B. and William C. at Northallerton, Yorkshire. This accounting found that John Burgeys had delivered to bishop JF an excess of £402 7s 1d. Damages are claimed at £300.

Pleading: Bishop JF says that John Burgeys had an accounting on 05/07/1389 at Doddington, Cambridgeshire, before the aforesaid auditors (WB and WC) upon which it was found that John Burgeys had paid bishop JF an excess of £182 6s 4d, concerning which a bond was made. Then, on 07/07/1389 an indenture was made between John Burgeys and bishop JF, which bond bishop JF presents to the court. This indenture says (in French) that the aforesaid £192 6s 4d is payable at London (indenture in French, terms and payment dates as below). Bishop JF says that he held to the said indenture, paying John Burgeys £100 in equal payments of 50m at the quindenes of the feasts of Christmas (1389), Easter (1390), and the Nativity of St John (1390). within the year following the making of the said indenture; and bishop JF also says that he paid John Burgeys the remaining £92 6s 4d in equal payments, and at the same terms during the year following (Christmas 1390, Easter 1391, and the Nativity of St John 1391); hence making the aforesaid bond null and void.

Pleading: John Burgeys says that his action against the bishop ought to continue because it was found by reckoning of account that he had paid bishop JF an excess of £402 7s 1d as well as and additional £15 6s 8d determined by same accounting, and a loan £176 19s 8d 'contained in the bishop's paper' (in papiro Epi' contentis). John Burgeys says that it was in security for this same £15 6s 8d excess and £176 19s 8d loan, that the aforesaid bond (of £192 6s 4d) was made (event B/C). John Burgeys argues that bishop JF has said nothing to counter his claim concerning the aforesaid debt of £402 7s 1d, and John Burgeys says that according to the law of the land does not have to respond to bishop JF's counterplea and seeks judgement. Upon this day is given between the parties in Trinity term 1407.

Postea text: postea 1 - The parties return in Trinity term 1407 and bishop JF says that the £192 6s 4d bond concerned all the monies he owed to John Burgeys, as arising from the aforesaid accounting at Doddington, Cambridgeshire, and that he paid these monies to John Burgeys accordingly. John Burgeys reiterates his claim that the £402 7s 1d he seeks presently is separate from the aforesaid £192 6s 4d and hence bishop JF's counterplea is not sufficient in law. Bishop JF says that his counterplea is sufficient in law to preclude John Burgeys's action and seeks judgement. Upon this day is given between the parties in Michaelmas term 1407 to hear judgement.

Postea text: postea 2 - further day is given between the parties in Hilary term 1408.

Court of Common Pleas, CP 40/585, rot. 215

Term: Easter 1407
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Real action / rents / damage to real estate; Trespass (chattels)

Pleading: The Dean and Chapter of St Paul's Cathedral, London, claim that Simon 'In the Lane' used force and arms to impede certain trenches at Navestock, Essex, which have since ancient times carried water to the Dean and Chapter's mill there. As a result of the said impediment, water did not flow to the said mill for two months. Damages are claimed at £40.

Pleading: Simon says that he is innocent and puts himself upon the country, and the Dean and Chapter put themselves likewise. Order to the sheriff of Essex. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of Essex did not send the writ and so the case is forwarded as far as Michaelmas term 1407.

Postea text: postea 2 - Simon does not come and so a jury is to by taken against him by default. The case is forwarded to later in Michaelmas term 1407.

Court of Common Pleas, CP 40/585, rot. 234d

Term: Easter 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John H. claims that Edmund L., son of Joan L., owes him 40s arising from the sale of shoes which EL bought but did not pay for. Damages are claimed at 40s.

Pleading: EL says that the action against him ought not continue because JH has since given him a release concerning the said debt, made at London on 22/04/1407.

Pleading: JH says that he is not able to deny that the release is of his making. Therefore, the decision is that JH s to have nothing per his writ. JH is in mercy for false claim.

Court of Common Pleas, CP 40/585, rot. 234d

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: 60s
Damages awarded: 6s 8d
Costs: 20s
Case type: Bond; Imprisonment

Pleading: William B. claims that Joan B. owes him 60s per a bond. Bond shown in court. Noted that the bond does not say where it was made, but WB says it was made at London etc. Damages claimed at 60s.

Pleading: JB says that the force of the bond ought not hold because she was imprisoned by WB and other of his coven at Westminster, Middlesex, at the time of its making.

Pleading: WB says that JB was a free woman at the time of the making of the said bond and seeks inquiry upon the country, and JB seeks likewise. Order to the sheriff of Westminster etc.

Postea text: postea 1 - continuance between the parties as far as Michaelmas term 1407.

Postea text: postea 2 - before which day (the morrow of All Souls 1407) the case was adjourned per writ of the lord king, as far as Hilary term 1408.

Postea text: postea 3 - a jury comes and says on oath that JB did make the aforesaid bond of her own free will. WB is to recover the 60s debt, he is also awarded 6s 8d damages concerning the detention of the said debt, and 6s 8d for costs. Upon this WB seeks that the justices increase what he is to receive for costs, and it is decided that WB ought recover an additional 13s 4d. WB is to recover a total of 23s 8d.

Court of Common Pleas, CP 40/585, rot. 314

Term: Easter 1407
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: £20
Case type: Loan; Sale of goods

Pleading: Hamon E., executor of the will of William Waddesworth, together with John O. and his wife Lettice O. who is co-executor and was lately wife of WM, claim that William H. owes them £12 10s 7d arising from a £9 loan and the sale of goods worth 70s 7d, namely 6lb of quince marmalade ('chardequins'), 3lb of blanch powder, 3 couplas of figs and raisins, 8lb of dates, 20lb of almonds, 2lb of 'coperose galles et guines', 3lb of ground cinnamon, 8oz of saffron, 12lb of rice, 3lb of ginger 'triati', 1lb of sanders, 3lb of green ginger, ¾ 'damelon' and 2lb of cotton. Damages claimed at £20.

Pleading: WH says that he does not owe the said £12 10s 7d nor any other monies and offers his law. Pledges of law named.

Postea text: postea 1 - neither executors WW and LO, nor JO, come to prosecute their writ, and so they and their pledges are amerced. WH sent without day.

Court of Common Pleas, CP 40/585, rot. 314

Term: Easter 1407
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Thomas B. claims that John S. owes him 40s for a loan. Damages are claimed at 40s.

Pleading: JS says that he does not owe TB the said 40s nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance.

Postea text: postea 1 - JS makes essoin and so the case is forwarded as far as Michaelmas term 1407.

Postea text: postea 2 - TB does not come and so he and his pledges are amerced. JS sent without day.

Court of Common Pleas, CP 40/585, rot. 314d

Term: Easter 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 60s
Case type: Sale of goods

Pleading: John A. claims that John L. owes him 53s 4d as the unpaid residue of a 106s 8d debt arising from the sale of 2 bales of madder, one bale of alum, one pound of pepper, and 4 ounces of saffron, and 12 ells of canvas. Damages are claimed at 60s.

Pleading: JL says that he does not owe JA the said 53s 4d nor any other money and offers his law. Pledges of law are named.

Postea text: postea 1 - JA makes essoin and so the case is forwarded as far as Michaelmas term 1407.

Postea text: postea 2 - JL makes his law and so is quit. JA is in mercy for false claim.

Court of Common Pleas, CP 40/585, rot. 314d

Term: Easter 1407
County: Cambridgeshire
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: Stephen S., Thomas Brampton, John Smyth, and John H. claim that Thomas Bradefeld, executor of the will of William Castellacre, together with co-executors Elizabeth the widow of William Castellacre, William W., Thomas F., John Stucle, and William Chipston owe them £400 per a bond made between the late Willian Castellacre on one part and the plaintiffs on the other part. Damages are claimed at £200. Bond shown in court. Noted that the bond does not say where it was made, but the plaintiffs say it was made at Lolworth, Cambridgeshire.

Pleading: Thomas Bradefeld says that the action against him ought not continue because he did not make administration of the goods or chattels of William Castellacre at the time of his death, nor as his executor.

Pleading: SS, Thomas Brampton, John Smyth, and JH say that Thomas Bradefeld administered diverse goods and chattels of the late William Castellacre as his executor at Great Eversden, Cambridgeshire, and seek inquiry upon the country, and Thomas Bradefeld seeks likewise. Order to the sheriff etc.

Case notes: related to a separate writ brought against the co-executors in CP40.583 rot.436

Court of Common Pleas, CP 40/585, rot. 321d

Term: Easter 1407
County: Middlesex
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Christine P. and John O. claim that John F. owes them 10m as determined by a reckoning of the account between them before auditors William V. and Ellis H. at Westminster, Middlesex. Damages are claimed at £10.

Pleading: JF says he never had an accounting before the said auditors and puts himself upon the country, and CP with JO put themselves likewise. Order to the sheriff of Westminster etc.

Court of Common Pleas, CP 40/585, rot. 340

Term: Easter 1407
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: Nicholas H. claims that John M. owes him £18 16s 6½d as determined by a reckoning of account between them before auditor John P. This debt pertains to the time when JM acted as NH's receiver, namely 29/09/1401 to 30/09/1402. Damages are claimed at £10.

Pleading: JM says that the action against him ought not continue because after the aforesaid accounting NH's auditor and receiver general JP issued him a receipt for 40s on 16/10/1404, in full payment of all arrears prior to the making of the same bond. JM offers this receipt to the court. Noted that the receipt does not say where it was made, but JM says it was made at Thrapston, Northamptonshire.

Pleading: NH says that the receipt is not of JP's making and seeks inquiry upon the country, and JM seeks likewise. Order to the sheriff of Northamptonshire to make view of Thrapston etc. Pledges are named for the defendant. The receipt is put into the safe keeping of clerk William P.

Postea text: postea 1 - the sheriff of Northamptonshire does not send the writ and so the case is forwarded as far as Michaelmas term 1407.

Court of Common Pleas, CP 40/585, rot. 353

Term: Easter 1407
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking

Pleading: Edmund H., John S., William T., John G., and JG's wife Isabel G. the daughter of John P. claim that William W. used force and arms to commit close-breaking against them at Aylesbury, Buckinghamshire. Damages are claimed at £10.

Pleading: Concerning the use of force and arms WW says that he is innocent and puts himself upon the country; and EH, JS, WT, JG, and IG put themselves likewise. Concerning the supposed close-breaking WW says that at the time of the supposed trespass the land in question was the free tenement of John W., and that he only made entry upon the aforesaid close as the servant of JW, as he had good licence to do.

Pleading: EH, JS, WT, JG, and IG say that at the time of the supposed trespass the close in question was their own free tenement, not the free tenement of JW. They seek inquiry upon the country and WW seeks likewise. Order to the sheriff of Buckinghamshire etc.

Court of Common Pleas, CP 40/585, rot. 367d

Term: Easter 1407
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Arbitration; Taking of goods

Pleading: John Standelf claims that Richard H, together with Stephen W., used force and arms to seize and carry off his goods and chattels at London to the value of £20. The goods taken were namely, 16 silver girdles bound with silver, and 20 silver spoons. Damages are claimed at £40.

Pleading: Concerning the use of force and arms RH says that he is innocent and puts himself upon the country, and John Standelf puts himself likewise. Concerning the remainder of the supposed trespass RH says that the goods in question were not of the value declared. RH says that since the supposed trespass he and John Standelf mutually undertook arbitration on 22/10/1406 at Oxford, Oxfordshire, before arbitrators John Salvayn on the part of John Standelf and Thomas N. on the part of RH. RH also says that he and John Standelf agreed that if these arbitrators could not come to an agreement on the aforesaid day, that they would then submit to the arbitration of a certain Sir. Thomas M. baron of Wem. Hence, when the above said arbitrators were unable to come to an agreement RH and John Standelf submitted to arbitration before baron TM at Oxford on 29/10/1406, and baron TM decided that John Standelf ought to have nothing from RH.

Pleading: John Standelf says that he did not have anything of such arbitration between himself and RH as was alleged and seeks inquiry upon the country, and RH seeks likewise. Order to the sheriff of Oxfordshire etc.

Case notes: case re-entered on CP40/590 rot.439, without naming Stephen Wade as an accessory

Court of Common Pleas, CP 40/585, rot. 404

Term: Easter 1407
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: Fulk F. claims that John S. unjustly detains from him one chest containing various charters, writings and muniments. Some of the documents contained in the chest are: a charter in which FF enfeoffed John vicar of the church of Wantage (Berkshire), John C., William B. and John M. with the manor of Wantage, Berkshire; a certain release by which JC, WB, and JM quitclaimed all their rights etc. in the manor of Wantage to John the vicar of Wantage; and also a charter by which John the vicar of Wantage granted the manor of Wantage to Philip F. for the term of his life and the reversion of the said manor to FF. FF says that after the death of PF the aforesaid chest and charters was passed to the defendant JS at London, and that JS has refused to return it. Damages are claimed at

Pleading: JS says that he cannot deny that he received the said chest and charters, and presents them to the court.

Postea text: JS says that he is prepared to deliver them to FF, and so gives them to FF. JS is quit of the aforesaid chest and charters.

Court of Common Pleas, CP 40/585, rot. 407

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas M. claims that John F. owes him £40 per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: JF comes and defends per his attorney. And upon this day is given between the parties in Trinity term 1407.

Postea text: postea 1 - upon this further day is given between the parties in Michaelmas term 1407.

Postea text: postea 2 - and upon this further day is given between the parties in Hilary term 1408

Case notes: related to CP40/585 rot.407d.

Court of Common Pleas, CP 40/585, rot. 407d

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas M. claims that Roger P. owed him £40 per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: RP comes per his attorney and defends. Upon this day is given between the parties in Trinity term 1407.

Postea text: postea 1 - upon this further day is given between the parties in Michaelmas term 1407.

Postea text: postea 2 - and upon this further day is given between the parties in Hilary term 1408.

Case notes: related to CP40/585 rot.407.

Court of Common Pleas, CP 40/585, rot. 408d

Term: Easter 1407
County: Rutland
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 6s 8d
Case type: Bond

Pleading: Thomas P. and Roger W. claim that Richard E. owes them £10 7s 5½d per a bond. Damages are claimed at £40

Pleading: RE says that he is not able to deny that he owes TP and RW the said money according to his bond. Order that TP and RE recover the said debt and damages of 6s 8d.

Court of Common Pleas, CP 40/585, rot. 412d

Term: Easter 1407
County: Dorset
Writ type: Account
Damages claimed: 100s
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas C. claims that John B. has not rendered reasonable account concerning the time when he acted as TC's receiver, namely 27/09/1405 to 01/11/1405. TC says that during this time JB received on his behalf £20 per the hands of Robert C. at Wimborne Minster, Dorset. Damages are claimed at 100s.

Pleading: JB says that TC ought not have his action against him. JB says that prior to 27/09/1405 TC owed him £10, because JB had acted as TC's surety concerning a £20 debt owed by TC to a certain William J. JB says that when TC defaulted on his repayment of the said £20 to WJ, that JB himself (as surety) then paid £10 to WJ on behalf of TC. JB says that he then later received £20 per the hands of the aforesaid RC at London (not Wimborne Minster), parish of Holy Trinity the Less, Vintry Ward, in satisfaction as much of the £10 owed to JB himself as to the residue (of TC's debt to WJ).

Pleading: TC says that he did not owe WJ £20, nor did he make JB his surety towards WJ, nor did JB pay WJ £10 on his behalf. TC says that he did not owe JB £10 at the time then JB received the aforesaid £20 per the hand of RC.

Pleading: JB says TC did owe him £10 when he received the said £10 by the hands of RC and places himself upon the country, and TC places himself likewise. Order to the sheriff of London etc. Pledges are named for the defendant.

Postea text: postea 1 - JB does not come and so is in default. A jury is to be taken against JB in the octave of (the Nativity of) St John the Baptist 1407 (later in Trinity 1407).

Court of Common Pleas, CP 40/585, rot. 417d

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Roger K., executor of the will of John Croydon, claims that Robert M., executor of the will of William G., together with John Chapeleyn the co-executor of WG, owes him £16 per a bond made between the late JG (debtor) and the late JC (creditor). Damages are claimed at 10m. Bond shown in court, as well as letters testamentary showing that RK is executor of JC. Noted that the bond does not say where it was made, but RK says it was made at London etc.

Pleading: [No counterplea is entered.]

Court of Common Pleas, CP 40/585, rot. 454

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Bretoun (Jr.) son of John Bretoun (Sen.) claims that Richard M. owes him £40 per a bond, payable in St Paul's Cathedral, London. Bond shown in court. Damages are claimed at £40. Noted that the bond does not say where it was made, but John Bretoun (Jr.) says it was made at London etc.

Pleading: RM asks that the bond and its endorsements be read to the court. They said that if RM should pay John Bretoun (Jr.) £20 sterling at the time and place specified that the bond shall be null and void. RM says that he paid John Bretoun (Jr.) the said £20 at Puddleton, Dorset, according to the form and effect of the said bond.

Pleading: John Bretoun (Jr.) says that RM did not pay his the said £20 and seeks inquiry upon the country, and John Bretoun Jr. seeks likewise. Pledges are named for the defendant. Order to the sheriff of Dorset etc.

Postea text: 1 postea - the sheriff did not send the writ and so the case is forwarded as far as the octave of St John the Baptist 1407 (Trinity term).

Court of Common Pleas, CP 40/585, rot. 454

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: £4
Case type: Bond

Pleading: John H. claims that Robert L. owes him £4 per a bond. Damages are claimed at £4. Bond shown in court. Noted that the bond does not say where it was made, but JL says it was made at London etc.

Pleading: RL says that the force of the said bond ought not hold because at the time of its making he was not yet of age.

Pleading: JL says that RL was of full age when the bond was made and seeks inquiry upon the country, and RL seeks likewise. Order to the sheriff etc.

Postea text: 2 posteas - both say that the sheriff did not send the writ, forwarding the case as far as Michaelmas term 1407.

Court of Common Pleas, CP 40/585, rot. 454d

Term: Easter 1407
County: London
Writ type: Debt (account); Debt (bond)
Damages claimed: £10
Damages awarded: 33s 4d
Case type: Bond; Reckoning of account; Sale of goods

Pleading: John B. and William K. claim that Reginald P. owes then £8 16s arising from a bond of £4 6s 8d made on 21.12.1404, and a £4 9s 4d as determined per a reckoning of the account between them concerning the sale of diverse furs and making of vestments which RP did not pay for. The furs and vestments were namely: the lining with fur (furrura) of one green and black silk garment (togam) of cristigrey 40s; the making of one green and black cloth garment lined (dupplicate) 10s; the making of one pair of red and white baudekin gloves (manucarum) 3s 4d; the making of two blue cloth garments lined with black cloth (pro factura duarum togarum blodei coloris dupplicatarum cum panno nigro) 5s 4d; the making of one long garment (longe toge) of black cloth, with a hood, 2s; the making of one other garment of black cloth lined (dupplicate) 2s; the making of one long garment of red and black baudekin 4s; the making of one garment of striped (stragulati) cloth 2s; the making of two scarlet garments 4s; for one ell of linen cloth and for one doublet of black fustian of Paris 8s 8d. Damages are claimed at £10. Bond shown in court. Noted that the bond does not say where it was made, but JB and WK say it was made at London etc.

Pleading: RP says that the bond is not of his making and puts himself upon the country, and JB with WK put themselves likewise. Order to the sheriff etc. as far as Trinity term in 12 days 1407. Concerning the aforesaid accounting RP says that he does not owe JB or WK the said £4 9s 4d nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance. The bond is put into the safe keeping of clerk William P. RP is to make his law at the term aforesaid.

Postea text: postea 1 - RP does not come and so is in default concerning both the £4 6s 8d bond and £4 9s 4d as determined by accounting. A jury is to be taken against RP on the morrow of St John the Baptist (later in Trinity term), unless the case is first heard at the assize of St Martin le grand before justice William H. on 15/06/1407. (slight dating issue here, document says 'Wednesday before St John', or 15 June, but probably is an error for 'Tuesday before St John', or 21 June when the case is later heard.)

Postea text: postea 2 - 21/06/1407 the bond is delivered to justice WH for consideration by a jury and clerk WP is quit of it.

Postea text: postea 3 - Case heard at the assize of St Martin le grand before justice William H. and associate justice John D. on 21/06/1407. Jury says upon oath that the bond is of RP's making and award JB with WK 33s 4d damages for the detention of the debt beyond their costs. And for ...[entry ends here]

Court of Common Pleas, CP 40/585, rot. 475d

Term: Easter 1407
County: Leicestershire
Writ type: Debt (other)
Damages claimed: £20
Damages awarded: 20s
Case type: Contract (general); Debt; Real action / rents / damage to real estate

Pleading: John R., William D., Henry H., and Roger P., prior of the hospital of St Mary without Bishopsgate in London, claim that William, abbot of Croxton Kerrial owes them £10 arrears from a £20 annual rent. JR, WD, HH, and prior RP say that they made an indenture with abbot William in the chapter house at Croxton Kerrial abbey, whereby they were to receive a £20 annuity from the abbot's manor of Waltham on the Wolds, Leicestershire, for the term of the life of John G., lately abbot of Croxton Kerrial. Further, they were to have the right to make distraint against the same manor if the annuity should fall into arrears. This £20 annuity was payable in two annual instalments, half at Easter and half at Michaelmas. The indenture is shown to the court [recited in full]. Damages claimed at £20.

Pleading: Abbot William says that he cannot deny the validity of the bond nor the arrears. Order that JR, WD, HH, and prior RP recover the said arrears, and damages of 20s. Upon this abbot William pays the said arrears to the plaintiffs, and the plaintiffs release the said damages.

Court of Common Pleas, CP 40/585, rot. 497

Term: Easter 1407
County: London
Writ type: Trespass (against statute)
Damages claimed: 10m
Case type: Breach of Statute; Contract (service/employment)

Pleading: John H. claims that on 26/09/1406 he retained WM to work for his as a tiler from Michaelmas 1406 (29/09/1406) until Easter 1407 (27/03/1407). However, it is claimed that WM withdrew from service on 01/11/1406 without reasonable cause and in breach of the statute of labourers. Damages are claimed at 10m.

Pleading: WM says that he was not retained by JH to work as a tiler for the time aforesaid and puts himself upon the country, and JH puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Postea text: 4 posteas - all say that the sheriff did not return the writ, forwarding the case as far as Trinity term 1408.

Court of Common Pleas, CP 40/585, rot. 497d

Term: Easter 1407
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Nicholas P. and William B., executors of the will of William P., claim that Katheine U., administrator of the goods and chattels of her late husband William U. (died intestate), owes them £10 per a bond made between the late WU (debtor) and late WP (creditor). The bond was payable at London. Damages are claimed at 20m. Bond shown in court. Noted that the bond does not say where it was made, but NP and WB say it was made at London etc.

Pleading: KU comes and defends per her attorney. Upon this day is given between the parties in Trinity term 1407.

Court of Common Pleas, CP 40/585, rot. 497d

Term: Easter 1407
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Real action / rents / damage to real estate; Taking of goods

Pleading: John H. claims that Richard G., together with Thomas N., used force and arms to fell and remove 20 elm trees from his property at Stepney, Middlesex, worth 100s. Damages are claimed at £20.

Pleading: Concerning the use of force and arms RG says that he is innocent and puts himself upon the country, and JH puts himself likewise. Concerning the remainder of the supposed trespass RG says that for a long time prior to the time of the incident the late bishop Robert B. was seised of the manor of Stepney by right of St Paul's Cathedral. RG says that the late bishop RB demised to him, at will of the bishop and according to the customs of the manor, the parcel of land where the said trees were cut. Bishop RB has since died and been replaced by the current bishop of London Nicholas B., and so RG claims that he now holds the said land at the will of bishop NB, as the bishop's free tenement, whence he had good licence to cut the said trees.

Pleading: JH says that the land where the said trees were cut is not the free tenement of the bishop of London.

Pleading: RG says that the place where the supposed trespass took place was the free tenement of the bishop of London, and not the free tenement of JH. RG seeks the assistance of bishop NB to verify that the land is the bishop's. The bishop is summoned so that he may verify his claim, and day is given between the parties, in Trinity term 1407. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff did not send the writ and so the bishop is again summoned, and day is given between the parties, in Michaelmas term 1407.

Court of Common Pleas, CP 40/585, rot. 498d

Term: Easter 1407
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Richard H. claims that William R. owes him £10 as determined by a reckoning of the account between them before auditors Ruchard R. and John C. Damages are claimed at £20.

Pleading: WR says that he did not have an accounting before the aforesaid auditors and puts himself upon the country, and RH puts himself likewise. Order to the sheriff of London etc. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff did not send the writ and so the case is forwarded as far as Michaelmas term 1407.

Court of Common Pleas, CP 40/585, rot. 510

Term: Easter 1407
County: London
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: The sheriff of London sends this record to be enrolled, concerning a plea of land heard before the Hustings of London on 31/01/1407. It says: ' To this day (31/01/1407) come Nicholas W. with his wife Agnes W. who seek from Robert F. one messuage with appurtenances in London. NW with AW claim that a certain Robert S. granted this messuage to his brother William S. (Sen.) and his wife Ellen S. during the reign of Edward III. After the death of WS (Sen.) and ES the said messuage passed to their son and heir William S. (Jr.). After the death of WS (Jr.) the said messuage passed to his daughter and heir AW, plaintiff in the present suit.

Pleading: RF defends and calls to warrant Thomas L. (Jr.), son and heir of Thomas L. (Sen.), of Berkshire. However RF says that TL (Jr.) is not yet of age, and seeks that the case remain until TL (Jr.) is of full age.

Pleading: NW and AW say that their suit ought not remain because TL (Jr.) is of full age, and say that they are prepared to verify this.

Pleading: RF says that TL (Jr.) is not yet of full age and seeks that TL (Jr.) be examined by the court. The Hustings does not have the power to continue the proceedings (because TL (Jr.) is from Berkshire) and so the case is referred to the court of Common Pleas in Easter term 1407.

Pleading: Hence the aforesaid parties come before the Common Pleas in Easter term 1407 and seek a writ of venire facias directing the sheriff of Berkshire to summon TL (Jr.) before the court of Common Pleas in Michaelmas term 1407 so that it may be determined if he is of full age.

Postea text: postea 1 - the sheriff of Berkshire did not send the writ and so the case is forwarded as far as the morrow of the Purification of St. Mary 1408.

Postea text: postea 2 - the sheriff of Berkshire returns that TL (Jr.) is dead, and so the court of Common Pleas is not able to proceed any further in the said case. The case is to be continued at the next Hustings.

Case notes: marginalized 'mayor' (county heading supplied here by editor)

Court of Common Pleas, CP 40/585, rot. 510d

Term: Easter 1407
County: London
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: The sheriff of London sends this record to be enrolled, concerning a plea of land heard before the Hustings of London on 31/01/1407. It says: ' To this day (31/01/1407) come Nicholas W. with his wife Agnes W. who seek from John G. and his wife Margaret G. one messuage with appurtenances in a suburb London. NW with AW claim that a certain Robert S. granted this messuage to his brother William S. (Sen.) and his wife Ellen S. during the reign of Edward III. After the death of WS (Sen.) and ES the said messuage passed to their son and heir William S. (Jr.). After the death of WS (Jr.) the said messuage passed to his daughter and heir AW, plaintiff in the present suit.

Pleading: JG and MG defend and call to warrant Thomas L. (Jr.), son and heir of Thomas L. (Sen.), of Berkshire. However JG and MG says that TL (Jr.) is not yet of age, and seeks that the case ought to be suspended (remaneat) until TL (Jr.) is of full age.

Pleading: NW and AW say that their suit ought not be suspended because TL (Jr.) is of full age, and say that they are prepared to verify this.

Pleading: JG and MG say that TL (Jr.) is not yet of full age and seeks that TL (Jr.) be examined ('videatur') by the court. The Hustings does not have the power to continue the proceedings (because TL (Jr.) is from Berkshire) and so the case is referred to the court of Common Pleas in Easter term 1407.

Pleading: Hence the aforesaid parties come before the Common Pleas in Easter term 1407 and seek a writ of venire facias directing the sheriff of Berkshire to summon TL (Jr.) before the court of Common Pleas in Michaelmas term 1407 so that it may be determined if he is of full age.

Postea text: postea 1 - the sheriff of Berkshire did not send the writ and so the case is forwarded as far as the morrow of the Purification 1408.

Postea text: postea 2 - the sheriff of Berkshire returns that TL (Jr.) is dead, and so the court of Common Pleas is not able to proceed any further in the said case. The case is to be continued at the next Hustings.

Case notes: marginalized 'mayor' (county heading supplied here by editor)