CP40/669: Easter term 1428

Court of Common Pleas, CP 40/669, rot. 071d

Term: Easter 1428
County: Kent
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Ralph S. claims that Stephen C. owes him £10 arising from a £5 bond and the unpaid residue of a £5 9s bond. The first of these bonds was made in £5 on 10/11/1425 and payable in Michaelmas 1426 (29/09/1426). The second of these bonds was made in £5 9s on 19/09/1426 and payable in Christmas 1426 (25/12/1426); concerning 9s of which RS acknowledges payment. Damages are claimed at £10. Bonds shown in court. Upon this RS says that the bonds were made at Pluckley, Kent.

Pleading: SC says that the force of these two bonds ought not hold because at the time of their making he was imprisoned by RS and others of RS's coven at Pluckley, Kent.

Pleading: RS says that SC was a free man at the times the bonds were made and seeks inquiry upon the country, and SC seeks likewise. Order to the sheriff of Kent to make a jury come in Trinity term 1428.

Postea text: 3 posteas - all say that the sheriff of Kent did not send the writ, forwarding the case as far as Easter term 1429.

Court of Common Pleas, CP 40/669, rot. 094

Term: Easter 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Assault

Pleading: Gilbert B. claims that on 16/12/1427 at London Michael T. assaulted him with force and arms. Damages are claimed at 20.

Pleading: GB says that he is innocent and puts himself upon the country, and MT puts himself likewise. Order to the sheriff of London to make a jury come in Easter term in five weeks 1428 (later in the same term as pleading). Pledges are named for the defendant.

Court of Common Pleas, CP 40/669, rot. 094

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: James K. claims that Richard O. owes him 20m per a bond. Damages are claimed at 20m. Bond shown in court. And upon this JK says that the bond was made at Westminster, Middlesex.

Pleading: RO says that the bond is not of his making and puts himself upon the country, and JK puts himself likewise. The bond is given to chief clerk Robert D. for safe keeping. Order to the sheriff of Middlesex to make a jury come in Easter term in five weeks 1428 (later in the same term as pleading).

Postea text: postea 1 - 07/02/1438 the bond is delivered to Philip L. (attorney of JK) because the aforesaid plea has been discontinued. Therefore, RO is quit.

Court of Common Pleas, CP 40/669, rot. 094d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Lodowico J. and William C. claim that John P. owes them 20m per a bond. Damages are claimed at £20. Bond shown in court. And upon this LJ and WC says that the bond was made at London etc.

Pleading: JP defends and seeks licence to imparl as far as trinity term 1428. Pledges are named for the defendant.

Court of Common Pleas, CP 40/669, rot. 104

Term: Easter 1428
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 5m
Costs: 40s
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: John Wyllesdon of London, clerk, is in mercy for many defaults. John A. claims that on 10/08/1427 John W. used force and arms to break his close and houses at Willesden, Middlesex, where JW felled JA's trees and underwood, and from which JW removed the same trees, underwood, and other chattels to a total value of £20. The trees and underwood felled were, namely, 100 oak trees, 200 ash trees, and 12 cart-loads of underwood. The other goods taken were, namely, 2 quarters of wheat and 20 cart-loads of hay. Damages are claimed at £40.

Pleading: Concerning the use of force and arms, JW says that he is innocent and puts himself upon the country, and JA puts himself likewise. Concerning the remainder of the aforesaid trespass, JA protests that the trees, underwood, and goods involved were not of as great a value as claimed in the plaintiff's writ. Furthermore, JA says that the aforesaid close and houses as well as the place where the aforesaid trespass is supposed to have happened, and from which all the trees, underwood, wheat, and hay were taken, were his own soil and free tenement at the time of the supposed trespass.

Pleading: JA says that the aforesaid close and houses as well as the place where the aforesaid trespass is supposed to have happened, and from which all the trees, underwood, wheat, and hay were taken, were his own soil and free tenement at the time of the supposed trespass. JA seeks inquiry upon the country, and JW seeks likewise. Order to the sheriff of Middlesex to make a jury come in Trinity term 1428.

Postea text: postea 1 - the jury is placed in respite as far as the octave of St John the Baptist 1428 (later in Trinity term 1428).

Postea text: postea 2 - a jury comes and says on oath that the property where the trespass is supposed to have happened, as well as the place from which the trees, underwood, hay, and wheat were taken, is the soil and free tenement of JA. Therefore JA is to receive damages of 5m for the aforesaid trespass and 40s for his costs. JW is to be arrested.

Court of Common Pleas, CP 40/669, rot. 105

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 200m
Case type: Bond

Pleading: Nicholas L. claims that John K. owes him £112 6s 4d per a bond. Damages are claimed at 200m. Bond shown in court. And upon this NL says that the bond was made at London etc.

Pleading: JK defends and seeks licence to imparl as far as the morrow of St John the Baptist 1428. Pledges are named for the defendant.

Pleading: [Further information drawn from CP40/671 rot.539. - Michaelmas 1428] JK seeks to hear the bond and its endorsements, which are read. The condition on the bond is that if JK should acquit, exonerate, and indemnify NL versus a certain Robert W. and his heirs and executors …[damage]… NL, namely JK and Thomas K. to the aforesaid RW per three obligations (bonds) containing the sum of £112 6s 4d then the bond should be null and void. Upon hearing and understanding this JK says that the force of the bond ought not hold, because he did acquit NL versus RW on three obligations (bonds) according to the form and effect of the bond's endorsement

Pleading: NL says that in the city of London they have had a custom, from time immemorial, that if any native free man of the city of London, together with one foreigner who is not a free man of the city, should be impleaded in a personal action, that as much the free man as the said foreigner, if on the first, second, and third (summonses) …[damage]… on whichever day they are summoned should make default, then distraint is made, and if on the day of the distraint a fourth default is made, then they are found guilty (condempnari) in the said action of personal debt, and they owe and are accustomed to ('a') the whole …[damage]… (NL) says that RW, in the court of the present lord king in the reckoning of London (court of London), namely on 25/02/1426, before then sheriff of London William M. affirmed a certain suit versus the aforesaid TK and NL concerning a debt of £36, pledges of the prosecution being John J. and Richard D. And, NL being a free man of the city and TL being a foreigner, according to the custom of the city they were summoned by sergeant at mace Thomas J. to the Guildhall of London to be before then sheriff WM on 01/03/1426 and responded to RW in the aforesaid plea. To this day (01/03/1426) RW came in his own person, but TK and NL made default. TK and NL were then summoned a second time to be at the Guildhall before the sheriff on 06/03/1426 and again defaulted. TK and NL were then summoned a third time to be at the Guildhall before the sheriff on 08/03/1426 and again defaulted. TK and NL were then distrained to be at the Guildhall before the sheriff on 13/03/1426 to respond to RW in the aforesaid plea of debt under penalty of being found guilty by default; to which day came RW, as well as NL and TK. RW then pleaded that NL and TK unjustly detained from him £36 on a certain bond which had been made in the London parish of St Mary Woolnoth on 20/02/1424 and had been due on 20/02/1426; RW claiming damages of £10. WL and TK then, in the sheriff's court, acknowledged the debt before the court and it was decided that RW was to recover the aforesaid £36. NL and TV were in mercy. Upon this, NL was committed to the prison of the lord king and the aforesaid £36 debt was extracted from him. NL says that this £36 bond was one of the three bonds of which JK had agreed to acquit and exonerate him as per the terms of the aforesaid £112 6s 4d bond at the heart of this present case. Further, NL says that after RW had brought the aforesaid suit against RW himself and TK, but before judgement had yet been given in that suit, namely on 03/03/1426 in the London parish of St Mary Woolnoth, Lumbard Street, Langbourn Ward, JK was notified of the suit against NL and TK, that they had been summoned etc.; and yet JK refused to acquit and exonerate them in accordance with the form and effect of the endorsement on the £112 6s 4d bond.

Pleading: JK; protesting that NL did not notify him of the aforesaid suit, nor of the aforesaid summons, nor that any such condition was had (concerning a) quarrel, judgement, or recovery as alleged by NL; says that prior to the aforesaid 25/02/1426 and prior to 20/02/1426 he (JK) himself at Oundle, Northamptonshire, paid NL the £36 contained in the aforesaid bond in two payments. One payment of £18 per the hands of TK and another payment of £18 per the hands of WW, in full payment, exoneration, and acquittance of the aforesaid £36. JK says that NL accepted this same £36 at Oundle and gave it to RW in full satisfaction of the debt etc. JK says that as he thus acquitted NL concerning the aforesaid £36 bond, that he therefore has not made himself liable to pay the aforesaid £112 6s 4d bond and seeks judgement etc.

Pleading: NL, protesting that he did not receive the said £36 nor that he agreed that he was fully satisfied, says that after receiving the aforesaid £36 at Oundle and prior to the day of payment obliged in the same bond and the day of the raising of the aforesaid quarrel, namely on 10/07/1425, RW had affirmed a quarrel against NL and TV before then sheriff of London Simon S. concerning £36 on another of the three bonds referred to in the endorsements of the aforesaid £112 6s 4d bond. This certain £36 bond was given on 20/02/1424. NL says that on this bond as well he was distrained to answer RW in a plea of debt, and likewise requested JK, in the parish and ward aforesaid (St Mary Woolnoth, Langbourn Ward) to acquit him concerning this bond. NL says that JK did not pay this £36 to RW at Oundle, upon which the same JK was asked to pay RW these monies at Oundle and eventually these monies were paid to RW by WW as much in exoneration of JK an NL (Latin somewhat unclear here). Thus the £36 which JK gave to NL at Oundle was for this other bond, and not that previously referred to by NL in this present case.

Pleading: JK says that the £36 he paid NL at Oundle was that contained in the bond on which NL was sued in the Guildhall of London on 13/03/1426, and that JK had paid NL those monies by the hands of the aforesaid TK and WW. JK says that the £36 he paid to NL at Oundle did not pertain to any other bond and seeks judgement.

Pleading: NL says that the £36 received at Oundle was received with reference to another bond, and not that on which he was sued in the Guildhall on 13/03/1426. NL puts himself upon the country, and JK puts himself likewise. Order to the sheriff of Northamptonshire to make a jury come in Hilary term 1429.

Postea text: postea 1 - further licence to imparl as far as Michaelmas term 1428.

Case notes: related to a similar case on the same roll and membrane; further information drawn from CP40/671 rot.539.

Court of Common Pleas, CP 40/669, rot. 105

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Nicholas L. claims that John K. owes him £28 per a bond. Damages are claimed at £40. Bond shown in court. And upon this NL says that the bond was made at London etc.

Pleading: JK defends and seeks licence to imparl as far as the morrow of St John the Baptist 1428 (late in Trinity term 1428). One surety is named for the defendant [a blank space is left for three more names, presumably they were as in related case on the same roll and membrane].

Postea text: postea 1 - further licence to imparl as far as Michaelmas term 1428.

Case notes: related to a similar case on the same roll and membrane

Court of Common Pleas, CP 40/669, rot. 108

Term: Easter 1428
County: London
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Contract (service/employment)

Pleading: William Babthorp, the king's attorney, citing the statute of 7 Henry IV (Stat. Realm, ii, pp.157-8) confirming the statutes of 25 Edward III and 12 Richard II concerning labourers, ordering that no person over twelve years of age should be apprenticed if they have worked on the land, and also further ordaining that no man or woman may apprentice their child unless they hold land or rents worth at least 20s a year, testified by certificate, and that any craftsman taking such an apprentices contrary to the statute should be fined 100s, paying half to the king and half to the complainant, claims that Richard Daubeney took one John Chillewell, formerly of Chilwell in Nottinghamshire, as his apprentice, contrary to the statute. He states that on 29 October 1425, in London, Daubeney apprenticed John Chillewell to learn the art of plumbing, even though Chillewell had worked at husbandry at Chilwell until the age of 12 years and more, and still did thereafter, and his parents did not hold 20s worth of lands or rents. This was against the form of the statute, in contempt of the king and to the king's damage of £40.

Pleading: RD states that, when aged four, JC was placed to learn the art of tailoring in Grantham in Lincolnshire, which he did until he was aged eighteen, and did not work at husbandry before the age of twelve as claimed. RD also states that at the time he received JC as his apprentice, JC's father had lands and rents worth 20s and more, namely at Shelford in Nottinghamshire. Moreover, concerning the provisions of the statute that anyone wishing to apprentice their child must produce a certificate confirming that they hold lands or rents of 20s a year or more, RC says that JC worked at the craft of tailoring from the age of four until he was eighteen, after which he came to London and was retained by a certain John Swetyng at the are of plumbing. Afterwards, when JC was twenty-two years of age, he came and placed himself with RD as his apprentice of his own will. JC's parents did not place him as an apprentice with RD, as claimed.

Pleading: WB, on behalf of the king, states that JC did work as a husbandman at Chilwell until he was twelve years old, and seeks enquiry upon the country; RD seeks likewise. And concerning RD's claim that JC's father held lands and rents worth 20s or more when JC was apprenticed as a plumber, WB states that his father did not have such lands, and seeks enquiry on the country; RD seeks likewise. Concerning this, order to the sheriff of Nottinghamshire to have jury here at the quindene of Trinity. Furthermore, concerning RD's claim that his receipt of JC as his apprentice was not contrary to the statute, WB states that the statute ordained that anyone apprenticing their son or daughter should present a certificate to the mayor or bailiffs of the town concerned, sealed by two JPs from the county where the person was born, stating the value of the parents' lands, and no person should receive an apprentice without such a certificate; since RD has not alleged that any such certificate was presented to the mayor of London at this time, he therefore received JC in contravention of the ordinance. WB therefore seeks judgment, and that RD should pay the 100s penalty to the king. Concerning this final point, the justices wish to be advised, and so day is given at the same term (quindene of Trinity). Pledges named for defendant.

Case notes: Surety Richard Boneton’s occupation appears as ‘inner’, interpreted here as ‘skinner’.

Court of Common Pleas, CP 40/669, rot. 112d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas S. claims that Thomas P. owes him 4m 10s per a bond. Damages are claimed at 100s. Bond shown in court. And upon this TS says that the bond was made at London etc.

Pleading: TP defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Court of Common Pleas, CP 40/669, rot. 114

Term: Easter 1428
County: Sussex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction; Housebreaking

Pleading: Thomas E. claims that on 01/10/1422 William C., Richard D., and John G. used force and arms to break his close and houses at Etchingham, Sussex, where they abducted his servant Ellen B. so that she was out of TE's service for [duration left blank] following the day of the said trespass. Damages are claimed at £20.

Pleading: WC, RD, and JG defend and seek licence to imparl as far as Trinity term 1428.

Postea text: 2 posteas - both are further licences to imparl, forwarding the case as far as Hilary term 1429.

Court of Common Pleas, CP 40/669, rot. 114

Term: Easter 1428
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Housebreaking; Trespass (chattels)

Pleading: Henry Barton, John Barton, William Aston, Thomas Horne, and William Coupildyke claim that on 22/10/1427 Nicholas Walgrave, together with his wife Agnes Walgrave, John Hotoft, William Roo, and John Warner, used force and arms to break their close at Clothall, and allow beasts to trample and consume grass to the value of £10. The plaintiffs also say that this trespass continued from the day aforesaid, as far as the day of the making of their original writ on [day left blank] year 6 Henry VI. The beasts involved were defendant NW's horses, oxen, cows, pigs, and sheep. Damages are claimed at £100.

Pleading: NW defends and 'seeks licence to imparl and this etc.' [no term given]

Postea text: postea 1 - NW does not return to respond to plaintiffs HB, JB, WA, TH, and WC, withdrawing himself in contempt of the court. Upon the default of NW the justices order the sheriff of Herefordshire, by the oath of good and honest men, to ascertain the true extent of those damages sustained by the plaintiffs and report to the court on the morrow of the nativity of St John the Baptist 1428 (late in Trinity term 1428.

Postea text: postea 2 - The sheriff of Hertfordshire does not send the writ and so the case is forwarded as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/669, rot. 115

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Boston, administrator of the goods and chattels of John (Benyngton) the son of James Benyngton, claims that John Knyght, executor of the will of Thomas Knyght, owes him £100 per a bond made between the late John Benyngton and the late Thomas Knyght. John Boston says that the late Thomas Knight never paid this money to the late John Benyngton, nor did Thomas Knyght's executor John Knight pay it to the late John Benyington, nor has executor John Knyght paid it to John Boston since John Boston's appointment as John Benyngton's administrator by commissary-general ('examinatorem generalem') John Lyndefeld of the prerogative court of Canterbury and (thus by) archbishop of Canterbury Henry Chichele at the archbishop's court in the London Parish of St Mary Aldermary, Cordwainer Ward. Damages are claimed at £40. Bond shown in court, as well as letters of administration. Upon this John Boston says that the bond was made at London etc.

Pleading: John knyght says that full administration was made of the goods and chattels of the late Thomas Knyght long before the making of John Boston's original writ, and so he ought not be held to the force of the bond.

Pleading: John Boston says that on the day of his original writ's making, namely 08/10/1427, John Knyght was in possession of diverse goods and chattels of the late Thomas Knyght at London, in the parish of St Mary Aldermary, Cordwainer ward, sufficient to pay the debt. John Boston seeks inquiry upon the country, and John Knyght seeks likewise. Order to the sheriff of London to make a jury come in Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 116

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: John R. claims that John A. owes him £160 per a bond made between JR himself and the late Robert B. on the one part, and JA on the other part. Damages are claimed at £100. Bond shown in court. And upon this JR says that the bond was made at London [parish and ward left blank]. JA defends and seeks licence to imparl as far as Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 117

Term: Easter 1428
County: London
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Maintenance

Pleading: John F. citing the statute against maintaining and sustaining the suits of others, claims that Reginald W., John Halton, John A., and John Horwod, together with William R., maintained a trespass case between JF himself on the one part and Robert N. with John K. on the other part, in the king's court of London before then sheriff of London Robert A. JF says that on 06/08/1427 defendants RW, John Halton, JA and John Horwod (with similar etc.) maintained and sustained a case of trespass between plaintiff JF on the one part and defendants RN with JK on the other part before then sheriff of London RA in the London parish of (St Mary) Abchurch, Candlewick Street Ward, in breach of the statute and contempt of the king. Damages are claimed at £40.

Pleading: RW, John Halton, JA and John Horwod defend and seek licence to imparl as far as Trinity term 1428.

Pleading: [Further information drawn from CP40/671 rot.313. - Michaelmas term 1428] RW, John Halton, JA, and John Horwod defend. RW says that he is innocent of maintaining or sustaining the aforesaid suit and puts himself upon the country, and JF puts himself likewise. John Halton says that at the time of the supposed maintenance he was a guest, at London, of JK, one of the defendants (together with RN) in the aforesaid trespass case versus JF. John Halton says that they (meaning then defendants JK and RN) had placed themselves on a jury in the said trespass case between JF on the one part, and JK with RN on the other part, which jury was to decide if a certain trespass had taken place on the soil and free tenement of JF, or the soil and free tenement of JK and RN. John Halton says that he is literate and so was asked by JK and RN, at the time of the supposed maintenance, to read and impart to the jurors of the trespass case information from diverse charters, enfeoffments, and releases of right and claim pertaining to the place where the supposed trespass took place, proving that that place was indeed the soil and free tenement of RN and JK at the time of the trespass of which they were accused. John Halton says that this is the supposed maintenance of which JF complains. JA says that RN, at the time of the supposed maintenance, was his servant and so the reading of the aforesaid charters and writings etc., concerned him, and he informed the jurors that according to the information which he himself heard at that time (informabat predictos jur' quod secundum ea que ipse unquam audiunt) the place where the supposed trespass took place was indeed the soil and free tenement of RN and JK; and JA says that this expansion of words (prolacio de verborum) is what JF complains of as ‘maintenance'. John Horwod says that at the time of the supposed maintenance a certain chest containing charters, writings, and other muniments was in his possession, as it had been given to him for safe keeping by JF as much as RN and JK. John Horwod says that, at the time and in the place of the supposed maintenance, he simply opened that chest and took out the aforesaid charters etc. so that they might be given to John Halton who then read them to the jury etc., and that the same were seen to be the writings and seals which had been given to him by JF, RN, and JK; and that the same charters and writings, according to their knowledge (scienciam) and hearing (audienciam), were true and in effect etc. John Horwod says that it is for this that he is accused of maintenance etc.

Pleading: Concerning John Halton, JF says that John Halton read to the jury documents that …[damage]…did not relate to the location where the trespass took place, at the time it took place, asserting and affirming those charters and writings to be … [damage]…and true, and that they showed that at the time the trespass took place the location where the trespass happened was the soil and free tenement of RN and JK. Concerning JA, JF says that JA knew the location where the trespass took place to be the land and tenement of JF and not that of RN and JK. JF claims that JA thus mislead the jurors etc. Concerning John Horwod, JF says that he made the jury to be informed that the place where the trespass took place etc., was contained in the charters read by John Halton, was it not contained in them; although John Horwod was fully aware that they truly pertained to the aforesaid place where the trespass happened, thereby misleading the jury into wrongly believing the location where the trespass took place to be the soil and free tenement of RN and JK, when in fact it was that of JF.

Pleading: John Halton says that at the time of the supposed maintenance he read to the jury charters and writings relating to the place where the supposed trespass happened, saying to the jury that if the same writings and charters were true and in effect etc. that the location where the supposed trespass took place was the soil and free tenement of RN and JK. John Halton says that he did not assert or affirm that the those charters or writings were good and true nor that the place in question was either the tenement of either JF or RN and JK. John Halton puts himself upon the country, and JF puts himself likewise. John Horwod reiterates his claim that he simply opened the chest, took out the charters and writings, and delivered them to John Halton so that they might be read to the jury and that the same were seen to be the writings and seals which had been given to him by JF, RN and JK; and that the same charters and writings according to their knowledge (scienciam) and hearing (audienciam) were true and in effect. John Horwode denies that he informed the jury that the place where the trespass took place was contained in the aforesaid documents, or that the same place was the soil and free tenement of RN and JK. John Horwod puts himself upon the country, and JF puts himself likewise. Order to the sheriff of London to make a jury come in Hilary term 1429. JA says that at the time of the supposed maintenance he knew that JF had unjustly disseised RN and JK of the location where the supposed trespass took place and so informed the jurors of this, contrary to JF's claim that he knew the place to be JF's land but lied to the jurors.

Pleading: JF denies that he unjustly disseised RN and JK of the aforesaid place. JF says that JA was aware at the time of the maintenance, that it was JF himself who was seised of the place where the trespass took place when the trespass happened etc. Yet, JA nevertheless told the jury that the trespass had taken place on the soil and free tenement of RN and JK, and that JF had disseised them. JF seeks judgement and damages.

Pleading: JA says that JF's plea is not sufficient in law and that he does not have to respond. And because the justices have not yet been advised concerning judgement on the aforesaid plea day is given between JF and JA to come and hear judgement in Hilary term 1429.

Postea text: postea 1 - further day is given between JF and JA in Easter term 1429 because the justices have not yet been advised.

Case notes: Further information drawn from CP 40/671, rot.313.

Court of Common Pleas, CP 40/669, rot. 118d

Term: Easter 1428
County: Middlesex
Writ type: Debt (account)
Damages claimed: 20m
Case type: Reckoning of account

Pleading: Prior William H. claims that John K. owes him £11 16s 9½d as determined by a reckoning of the account between them before auditors Edward L. and Richard R., which accounting took place at Clerkenwell, Middlesex, on 30/09/1426 concerning the time when JK acted as prior WH's receiver of monies. Damages are claimed at 20m.

Pleading: JK defends and seeks licence to imparl as far as Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 118d

Term: Easter 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: William K. claims that John G. used force and arms to seize and carry off his goods and chattels to the value of 17m at London. The goods taken were, namely, one basinet, one pair of breastplates, one pair of vambraces and rere-braces, one pair of mailed gloves (cirothecarum de platys), one pair of cuisses and greaves. Damages are claimed at £20.

Pleading: JG says that he is innocent and puts himself upon the country, and WK puts himself likewise. Order to the sheriff of London to make a jury come in Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 123d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Joan Tremayn who was the wife of John Tremayn, sister of the late Nicholas Breye, also called Joan Estbury, claims that John Breye the son and heir of Nicholas Breye owes her 58m on a bond. Joan Tremayn says that at London [parish and ward left blank] on 11/01/1376 the late NB obliged himself to Joan Tremayn herself and her late husband John Tremayn in the aforesaid 58m. However, this bond has not since been paid to Joan Tremayn or her late husband John Tremayn by the late Nicholas Breye nor his son and heir John Breye. Damages are claimed at £40. Bond shown in court.

Pleading: John Breye says that the action against him ought not continue because after the making of the aforesaid bond the late John Tremayn, on 06/08/1378 at Andover (Hampshire), issued the late Nicholas Breye a receipt acknowledging that he had received £32 (48m) part payment of the aforesaid debt by the hands of a certain John E. John Breye presents this release to the court. Further, John Breye presents a second release to the court, given by the late John Tremayn on 22/05/1391 at Andover (Hampshire), acknowledging receipt of the £6 13s 4d (10m) residue of the aforesaid debt from the late Nicholas Breye. Having presented these two releases to the court, John Breye seeks judgement etc.

Pleading: Joan Treman says that her action ought to continue because the late John Tremayn did not acknowledge himself to have received from Nicholas Breye the aforesaid sums which are named in the aforesaid releases, nor did he acquit Nicholas Breye or his heirs concerning the aforesaid sums by those releases as has been alleged. [It seems Joan Trymayn is suggesting the releases are not of the late John Tremayn's making.] Joan Tremayn seeks inquiry upon the country, and John Breye seeks likewise. Order to the sheriff of Hampshire to make a jury come in trinity term 1428. Pledges are named for the defendant. The releases are given to clerk Robert D. for safe keeping.

Postea text: 3 posteas - all say that the sheriff of Hampshire did not send the writ, forwarding the case as far as Easter term 1429.

Court of Common Pleas, CP 40/669, rot. 126

Term: Easter 1428
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £20
Case type: Imprisonment; Sale of goods

Pleading: Stephen J. the son of Thomas J. claims that Stephen W. owes him 10m. SJ says that on 13/04/1419 SW obliged himself, by way of a certain indenture to pay SJ or TJ 82m for the purchase of 6 tuns of white wine and 4 tuns of red wine. This money was to be paid to SJ, TJ, or their heirs etc. at the feasts of Pentecost (04/06/1419) and the Nativity of St John the Baptist (24/06/1419) then next following, in equal portions. Similarly SW agreed to pay the freight on these ten tuns of wine, from London to Norwich. SJ says that SW has satisfied him concerning the aforesaid freight costs and that 'SW has paid him 62m of the aforesaid 82m'. However, though it has often been requested, SW has not paid SJ the other '10m of the aforesaid 82m'. [note that these figures do not add up, the stated residue actually being 20m]. Damages are claimed at £20. The indenture (billam indentatam) is presented to the court.

Pleading: SW defends and seeks licence to imparl as far as Trinity term 1428, with the assent of SJ. Pledges are named for the defendant.

Pleading: [further details drawn from CP40/671 rot.324 - Michaelmas 1428, notably in this later re-entry the number of tuns of red wine mentioned has increased to 6]. SW says that he ought not be held to the aforesaid 'bill' because at the time of its making he was threatened by SJ and others of SJ's coven at Norwich, unless he should make the said 'bill'.

Pleading: SJ says that SW made the bond of his own free will etc. and (seeks inquiry upon the country, and SW seeks likewise). Order to the sheriff of Norwich to make a jury come in …[damage]… term 1429. Pledges are named for the defendant.

Postea text: postea 1 - further licence to imparl as far as Michaelmas term 1428, with the assent of SJ.

Postea text: postea 2 - the sheriff of Norwich did not send the writ and so the case is forwarded as far as the octave of St Hilary (1429?)

Postea text: postea 3 - the sheriff of Norwich...[damage]... therefore the sheriff is again ordered to make a jury come, in Easter term (1429?)

Postea text: postea 4 - the sheriff of Norwich returns that the writ reached him too late and so the case is forwarded as far as Trinity term (1429?).

Case notes: further details drawn from CP40/671 rot.324. Notably in this later re-entry the number of tuns of red wine mentioned as increased to 6!

Court of Common Pleas, CP 40/669, rot. 131

Term: Easter 1428
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Trespass (chattels)

Pleading: William H. claims that on 29/12/1427 John C., together with Nicholas C., used force and arms to break his close and houses at West Betchworth and Tadworth, Surrey; where NC allowed his beasts to trample and consume WH's grass to the value of 100s, and ploughed 26 acres of WH's land so that WH was without the profits of that land from the day of the trespass until the feast of St Hilary (13/01/1428). The beasts involved were, namely, horses, sheep, cows, pigs and oxen. Damages are claimed at £20.

Pleading: JC defends and seeks licence to imparl to octave of Trinity 1428, with assent of WH.

Pleading: [Followed by mesne process against Nicholas Congrove, who did not come.]

Postea text: 9 further licences to imparl, to octave of Hilary 1431.

Court of Common Pleas, CP 40/669, rot. 132

Term: Easter 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Ralph L. and his wife Margaret L. claim that on 10 April 1422 Amice N. used force and arms to break the house of ML at London, and took goods and chattels to the value of £20. The goods taken were, namely: 2 quarters of beef called 'Martinmas beef'; 4 gallons of pork lard; fuel and charcoal; and 4 linen and woollen tablecloths. Damages claimed at £40.

Pleading: AN granted licence to imparl to octave of Trinity 1428, with the assent of RL and ML. Pledges named for the defendant.

Court of Common Pleas, CP 40/669, rot. 135d

Term: Easter 1428
County: Kent
Writ type: Debt (other)
Damages claimed: 20m
Damages awarded: 33s 4d
Case type: Contract (service/employment)

Pleading: Thomas B. claims that Thomas W. owes him 10m by way of a certain indenture which TB presents to the court under the seal of TW. In this indenture, given at Canterbury, Kent on 10/12/1398, TW apprenticed himself to TB as a goldsmith from the feast of the Epiphany 1399 (06/01/1399) for the five years then next following, obliging himself in the aforesaid 10m to fully hold to this agreement. [the terms of apprenticeship are given at length, but in summary TW was to stay for the whole term and behave himself, and TB was to pay TW 10s 8d a year.] TB says that TW did not fully hold to this agreement, but 'totally infringed upon it', so obligating himself to pay TB the aforesaid 10m. Damages are claimed at 20m.

Pleading: TW defends and seeks licence to imparl as far as Trinity term 1428, with the assent of TB.

Pleading: [Further information drawn from CP40/670 rot.307. - Trinity 1428] TW says that TB ought not continue the action against him because he held faithfully to the terms of the aforesaid indenture until 10/10/1423, from which day TB was no longer able to provide TW with food or drink, and so he then withdrew from TB's service at Canterbury as he had good licence to do.

Pleading: TB says that TW did not leave his service under the circumstances claimed, but actually left his services without good licence, much earlier, on 08/01/1423 at Canterbury.

Pleading: TW says that he did not withdraw from TB's service without good licence on 08/01/1423 and puts himself upon the country, and TW puts himself likewise. Order to the sheriff of Kent to make a jury come in Michaelmas term 1428.

Postea text: postea 1 - continuance between the parties as far as Hilary term 1429, unless the case is first heard at the assize of Canterbury before justice John M. on 03/01/1429.

Postea text: postea 2 - to this day (Hilary term 1429) comes TB and justice JM who inserts a record of the case as heard at the Canterbury assize on 03/01/1429 before the same justice JM and associate justice Thomas P. At the assize a jury found that TW withdrew from TB's service on 08/01/1423 without good licence, just as TB claimed. Therefore TB is to recover damages of 33s 4d on the detention of the aforesaid debt (of 10m). TW is in mercy.

Case notes: Further information drawn from CP40/670 rot.307.

Court of Common Pleas, CP 40/669, rot. 137

Term: Easter 1428
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Taking of goods

Pleading: Thomas M. claims that on 12/11/1427 John B., together with Henry A., used force and arms to seize and carry off his goods and chattels to the value of 100s at Chobham, Surrey, where they also assaulted his servant John C. so that TM was without JC's service for one month next following the said trespass. The goods taken were namely 12 cart-loads of timber and underwood. Damages are claimed at £20.

Pleading: JB says that he is innocent and puts himself upon the country, and TM puts himself likewise. Order to the sheriff of Surrey to make a jury come in Trinity term 1428.

Postea text: postea 1 - the sheriff of Surrey did not send the writ and so the case is forwarded as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/669, rot. 137d

Term: Easter 1428
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas M. claims that Robert B. and wife Margaret B. owe him 40s arising from the sale of one fur of 'greywork' which MB bought from TM whilst she was a single woman but has not paid for. Damages are claimed at 100s.

Pleading: RB and MB say that they do not owe TM the aforesaid 40s nor any other monies and offer their law, to be made in the same term.

Postea text: RB and MB make their law (same term as pleadings) and so are without day. TM is in mercy for false claim.

Court of Common Pleas, CP 40/669, rot. 139d

Term: Easter 1428
County: Lincolnshire
Writ type: Trespass (force and arms)
Damages claimed: 100s
Damages awarded: £3
Case type: Usurpation / abuse of rights

Pleading: Henry S. claims that on 13/08/1427 in his fee at Howell, Lincolnshire; namely (in) 5 acres of land which Richard I. holds and then held of plaintiff HS for fealty, 1½d annual rents due at Michaelmas, and suit of court at HS's manor of Howell every three weeks, the same HS was seised by the hands of RI as per the hands of his true tenant (Henry O.) for customs and services, namely 1d of the aforesaid rents. HS says that, concerning the ten years immediately preceding 13/08/1427, his servant HO was in arrears of rent. HS therefore wished to distrain chattels the chattels of HO on the aforesaid 13/08/1427, namely 2 cart-loads of barley. However, RI, together with a certain John P., withdrew these chattels of HO with force and arms, resulting in this present suit against RI. HS claims damages of 100s.

Pleading: RI says that he is innocent and puts himself upon the country, and HS puts himself likewise. Order to the sheriff of Lincolnshire to make a jury come in Trinity term 1428.

Postea text: postea 1 - the sheriff of Lincolnshire did not send the writ and so the case is forwarded as far as the octave of the nativity of St John the Baptist 1428 (late in Trinity term 1428).

Postea text: postea 2 - continuance between the parties as far as Easter term 1429 unless the case is first heard at the Lincoln assize on 03/03/1429.

Postea text: postea 3 - to this day (in Easter term 1429) come HA and RI, by their attorneys, and insert a record of the Lincoln assize of 03/03/1429, when the case was herd before justices John C. and James S. To that day came the defendant, the plaintiff, and a jury which found on oath that RI was guilty as charged. Therefore HS is to receive damages of £3. RI ought to be arrested.

Court of Common Pleas, CP 40/669, rot. 241d

Term: Easter 1428
County: Leicestershire
Writ type: Trespass (force and arms)
Damages claimed: 60s
Damages awarded: 13s 4d
Case type: Housebreaking; Taking of goods

Pleading: William (L.) son of Thomas L. claims that on 08/02/1428 Thomas W., John B., John L. Thomas P., Thomas B., Hugh B., William B., Hugh D., and Thomas F. used force and arms to break his close and houses at Tur Langton, Leicestershire, and take his goods and chattels to the value of 40s. The goods taken were, namely, 3 copper/brass jars and 3 pair of sheets. Damages are claimed at 60s.

Pleading: Thomas W., John B., John L. Thomas P., Thomas B., Hugh B., William B., Hugh D., and Thomas F. say that they should not have to respond to the writ of William (L.) son of Thomas L. because he is their villein of the manor of Tur Langton, as have been WL's ancestors from time immemorial.

Pleading: WL says that he is a free man of free condition and not a villein. WL seeks inquiry concerning this upon the country, and the defendants, Thomas W., John B., John L. Thomas P., Thomas B., Hugh B., William B., Hugh D., and Thomas F., seek likewise. Order to the sheriff of Leicestershire to make a jury come in the morrow of the ascension 1428 (later in Easter term 1428). And upon this plaintiff WL puts in his place, (attorney) William W., versus the aforesaid defendants in this case.

Postea text: postea 1 - the jury is places in respite as far as the quindene of Trinity 1428 unless the case is first heard at the assize of Marker Harborough, Leicestershire, before chief justice William B. on 02/06/1428.

Postea text: postea 2 - in the quindene of Trinity term 1428 plaintiff WL comes before the court and inserts the record of the assize of Marker Harborough, Leicestershire, where the case was heard before chief justice William B. and associate justice John D. on 02/06/1428. To that day came a jury which said on oath that WL is a free man of free condition and not a villein of the manor of Tur Langton etc. Therefore the decision was that WL ought to recover damages of 13s 4d. The defendants were to be arrested.

Court of Common Pleas, CP 40/669, rot. 296d

Term: Easter 1428
County: York
Writ type: Detinue
Damages claimed: 100m
Damages awarded: 100s
Case type: Arbitration; Detention of goods; Safe keeping

Pleading: Thomas Snawedon states that on 23 June 1427, in York, he delivered to John Austanmore for safe-keeping two bonds, one of which recorded that Richard Burton was bound to TS in £20, payable on a certain date, and the other that TS was bound to Burton in the same £20. These were to be returned to TS on request, but JA has refused to do this, to his damage of 100m.

Pleading: JA, presenting the bonds in court to be delivered as the court decides, states that the bonds were given to him jointly by both TS and Burton under certain conditions, but whether these have been fulfilled he does not know, and seeks that RB be forewarned. This is granted. Order to the sheriff to warn Burton to be before this court at the octave of Trinity, to show any reason why the bonds should not be delivered to TS. Same day given to plaintiffs.

Pleading: [continued at Michaelmas 1428, rot.303] [Re-enrolment of earlier pleadings and posteas, with note recording that RB was warned to be here by Thomas Burneby, John Underwode, Richard Dalton and John Lyndesey] TS seeks delivery of the bonds against Burton. Burton states that the bond in which he is bound in £20 to TS ought to pertain to him and not TS, as before the time of the bonds there was a discussion between them, namely William Craven and William Belford for TS and Robert Yarome and Thomas Roderham for Burton, concerning various disputes outstanding between them, and on 21 June 1427, in the presence of JA, then mayor of York, and various aldermen of that city, they agreed to stand by the arbitration of those arbiters, and other neutral arbiters, on these and any other outstanding disputes, with the exception of an indenture in £6 which Burton then owed to TS. The arbiters were to render judgment before Michaelmas then next, but if they could not, then TS and Burton agreed to stand in the arbitration of Guy Roclyff, a neutral arbiter, provided that GR made his decision before Christmas then next, and in the meantime TS did not prosecute Burton regarding the other £6 bond. If GR would not do this, the original 4 arbiters, with the mayor, were to appoint another neutral arbiter. For the performance of this arbitration, whoever made it, TS and Burton made the said two bonds on 23 June 1427, and delivered them to JA, under the condition that if both parties abide by all the said terms, then each bond should be returned to its maker, but if one party does not abide by the terms, then both bonds shall be delivered to the other party. Burton says that no arbitration was made by anyone, and no prosecution was made on the £6 bond, and so his bond should be returned to him.

Pleading: TS confirms the terms and conditions of the arbitration, but states that on 22 December 1427, in York, JA warned both TS and Burton to bring their arbiters before him in the chapel of St William on Ouse Bridge in York on the following Tuesday [23 December], to elect a replacement for GR. TS duly brought his arbiters, but Burton did not bring one of his arbiters, Robert Yarome, and therefore the bond ought to be delivered to him. And since Burton has said nothing regarding the other bond, by which TS is bound to Burton, TS seeks delivery. Order that TS have delivery against JA; JA not amerced, as he came on the first day.

Pleading: Burton repeats that the bonds were delivered to JA under the conditions he has stated. Parties on country, jury here at quindene of Hilary.

Postea text: [on CP 40/669, rot 296d] Parties come, sheriff says that the writ arrived too late. Sicut prius to the octave of St John the Baptist. On that day, parties came, as did Burton, by attorney Thornburgh. Day given at octave of Michaelmas.

Postea text: [on CP 40/671, rot 303] Process continued, jury in respite to quindene of Michaelmas 1429, nisi prius they come before William Babyngton, CJCP, in the Guildhall in York on 27 August 1429. On this day, Burton came, WB sent record that on that day, before him and John Drayton, Burton came, TS did not come. TS and pledges amerced, Burton to recover his bond from JA, and damages of 100s against TS. JA delivers the bond to Burton in court, and is quit.

Case notes: Continued on CP 40/671, rot 303.

Court of Common Pleas, CP 40/669, rot. 304

Term: Easter 1428
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Imprisonment; Loan

Pleading: Thomas M. claims that Thomas S. owes him £24 2s per two bonds of £10 each, and a loan of £4 2s, all of which were mad on 20/12/1423. TH says that one £10 bond was due in the feast of the nativity of St John 1424 (24/06/1426). The other £10 bond was due in Christmas 1424 (25/12/1424). And, the loan was due in the feast of the nativity of St John 1424 (24/06/1426). TM says that the loan was made at London [parish and ward left blank. TM presents the two bonds to the court and says that they too were made at London [parish and ward left blank]. Damages are claimed at ££20.

Pleading: TS says, concerning the supposed £4 2s loan, that he does not owe TM this money and offers his law, to be made in Trinity term 1428. Pledges of law are [named left blank]. Concerning the two bonds, TS says that he ought not be held to them because at the time of their making he was imprisoned by TM and other of his coven at Ruardean, Gloucestershure.

Pleading: TM says that TS was a free man at the time of the aforesaid bonds' making and seeks inquiry upon the country, and TM seeks likewise. Order to the sheriff of Gloucestershire to make a jury come in the aforesaid term. Pledges are named for the defendant.

Postea text: 3 posteas - all say that the sheriff of Gloucestershire did not send the writ, forwarding the case as far as Hilary term 1429.

Postea text: postea 4 - TS does not come to defend and so is the jury is to be taken against him by default. The case is respited as far as the quindene of Easter term 1429 unless it is heard at the assize of Gloucester on 10/03/1429.

Court of Common Pleas, CP 40/669, rot. 304d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Damages awarded: 10s
Costs: 10s
Case type: Bond; Imprisonment

Pleading: Richard L. claims that Thomas S. owes him £17 per a bond. RL says that on 04/12/1422 TS obliged himself to be held to RL and the late William P. in the aforesaid £17, payable in the vigil of Christmas 1423 (24/12/1423). Damages are claimed at 20m. The bond is shown to the court. Upon this RL says that the bond was made at London etc.

Pleading: TS says that the force of the bond ought not hold because at the time of its making he was imprisoned by RL, the late WP, and others of their coven at Ruardean, Gloucestershire.

Pleading: RL says that TS was a free man at the time of the bond's making and seeks inquiry upon the country, and TS seeks likewise. Order to the sheriff of Gloucestershire to make a jury come in Trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of Gloucestershire did not send the writ and so the case is forwarded as far as Michaelmas term 1428.

Postea text: postea 2 - the sheriff of Gloucestershire has done nothing nor sent the writ and so he is again ordered to make a jury come, in Martinmas 1428 (later in Michaelmas term 1428).

Postea text: postea 3 - the jury is placed in respite as far as Hilary term 1429.

Postea text: postea 4 - TS does not come to defend and so a jury is to be taken against him per default. The jury is placed in respite as far as the quindene of Easter 1429, unless the case is first heard a the assize of Gloucester on 10/03/1429.

Postea text: postea 5 - plaintiff RL comes to the court in the quindene of Easter term 1429 and inserts a record of the 10/02/1429 assize of Gloucester where the case was heard before justices John H. and Thomas R. At that assize a jury said on oath that defendant TS made the aforesaid bond of his own free will, just as claimed by RL. Therefore RL is to recover damages of 10s and costs of 10s. TS is in mercy.

Court of Common Pleas, CP 40/669, rot. 308d

Term: Easter 1428
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: John B. claims that on 01/04/1425 he and Robert M. had an accounting in London, in the parish of St Olave the King, Bridge ward (presumably St Olave, Southwark), by which it was determined that RM was 24m in arrears to JB. Damages are claimed by JB at £10.

Pleading: RM says that he does not owe JB the aforesaid 24m nor any other monies and offers his law (made in same term as pleadings).

Postea text: JB makes his law (same term as pleadings) and so RM is in mercy for false claim. JB is without day.

Court of Common Pleas, CP 40/669, rot. 311d

Term: Easter 1428
County: London
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: John G. claims that John W. owes him £26 18s 8d arising from the sale of cloth which JW bought from JG at London on 02/10/1424 but never paid for. The cloth bought was, namely, 100 ells of linen cloth called 'champagne', 100 ells of linen cloth called 'Flemish cloth', one piece of lawn containing 20 yards, one piece of pleasance containing 24 ells of woollen 'persduke' containing 12 yards. Damages are claimed at £40.

Pleading: JW says that he does not owe JG the aforesaid £26 18s 8d and offers his law, to be made on the morrow of Ascension day 1428 (late in Easter term 1428). Pledges of law are named.

Court of Common Pleas, CP 40/669, rot. 314

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: Thomas F. and his wife Beatrice F., who was the wife of John S., claim that Thomas T. owes them £120 per a bond made between TT and BF while she was a woman alone. TF and BF say that at London on 29/01/1426 TT obliged himself to BF, whilst she was a single woman, in £120 payable to BF in Christmas 1426 (25.12.1426). Damages are claims at £200.

Pleading: TT defends and seeks licence to imparl as far as Trinity term 1428, with the assent of TF and BF.

Court of Common Pleas, CP 40/669, rot. 320

Term: Easter 1428
County: Essex
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 10s
Case type: Arbitration; Bond

Pleading: John B. claims that John M. owes him £20 per a bond made at Margaretting, Essex on 17/08/1425 and due in Michaelmas 1425 (29/09/1425). Damages are claimed at £40.

Pleading: JM says that he ought not be held to the said bond because on the aforesaid 17/08/1425 he and JB submitted to arbitration concerning diverse quarrels between them before arbiters Robert C. and John S., at which time he made the aforesaid £20 bond under the condition that if he held to the arbiters' decision that the bond would be null and void. JM says that he is a man of little learning and that the bond was read to him at the time of its making. JM says that if it does not contain this condition then it is not of his making and puts himself upon the country, JB puts himself likewise. The bond is given to clerk Robert D. for safe keeping.

Postea text: postea 1 - continuance between the parties as far as the octave of Martinmas 1428 (late in Michaelmas term 1428).

Postea text: postea 2 - a jury comes and says on oath that the bond is of JM's making, just as JB claimed. Therefore JB is to recover the aforesaid debt plus damages of 10s. JM ought to be arrested. And upon this JM, present in the court, is committed to the Fleet Prison at the request of JB.

Case notes: same plaintiff and defendant as other case on same membrane

Court of Common Pleas, CP 40/669, rot. 320

Term: Easter 1428
County: Essex
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 11s 4d
Case type: Bond

Pleading: Agnes B. and John B. claims that John M. owes them 4m 2s per a bond. AB and JB say that on 29/09/1425 at Margaretting, Essex, JM obliged himself to them in the aforesaid 4m 2s, payable in payments of 26s 8d in All Saints 1425 (01/11/1425) and 28s 8d in Christmas 1425 (25/12/1425). Damages are claimed at 100s. Bond shown to the court.

Pleading: JM says that the bond is not of his making and puts himself upon the country, and the plaintiffs, AB and JB, put themselves likewise. Order to the sheriff of Essex to make a jury come in Trinity term 1428. The bond is given to clerk Robert D. for safe keeping.

Postea text: postea 1 - continuance between the parties as far as the octave of Martinmas 1428 (late in Michaelmas term 1428).

Postea text: postea 2 - JM comes and admits that the bond is of his making. Therefore AB and JB are to recover the aforesaid debt plus 11s 4d damages. JM is in mercy. And upon this JM, present in the court, is committed to the Fleet Prison at the request of AB and JB.

Case notes: same plaintiff and defendant as other case on same membrane

Court of Common Pleas, CP 40/669, rot. 336

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: William B. claims that Thomas B. owes him 60s on a bond. Damages are claimed at 40s. Bond shown in court. And upon this WB says that the bond was made in London etc.

Pleading: TB defends and seeks licence to imparl to octave of Michaelmas 1428. Pledges named for the defendant.

Postea text: 2 further licences to imparl, to quindene of Easter 1429.

Court of Common Pleas, CP 40/669, rot. 336d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: William H. and Roger G. claim that Adam C. owes them £16 per a bond. Damages are claimed at £10. Bond shown in court. And upon this WH and RG say that the bond was made at London etc.

Pleading: Ac defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: 10 posteas - all further licences to imparl, forwarding the case as far as Hilary term 1431.

Case notes: related to other case on CP40/669 rot.336d

Court of Common Pleas, CP 40/669, rot. 336d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: William H. and Roger G. claim that Richard L. owes them £16 per a bond. Damages are claimed at £10. Bond shown in court. And upon this WH and RG say that the bond was made at London etc.

Pleading: RL defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: 10 posteas - all further licences to imparl, forwarding the case as far as Hilary term 1431.

Case notes: related to other case on CP40/669 rot.336d

Court of Common Pleas, CP 40/669, rot. 337d

Term: Easter 1428
County: Middlesex
Writ type: Detinue
Damages claimed: 200m
Case type: Detention of goods; Safe keeping

Pleading: William R. and Roger C. claim that on 31/05/1427 at Westminster, Middlesex, they delivered to Richard C. for safe keeping, a certain bond showing that Nicholas B. and Thomas M. are held to the same William R. and Roger C. in £100 at certain terms contained therein. However, Richard C. now refuses to return this bond. William R. and Roger C. claim damages of 200m.

Pleading: Richard C. presents this bond to the court and says that he is ready to deliver it with the court's decision. But, Richard C. says that the bond was given o him with the mutual assent of William R. and Roger C. on the one part, and NB and TM on the other part, only to be returned under certain conditions. Richard C. says that he is unaware, on the part of NB and TM, if these conditions have been met, and seeks that NB and TM be forewarned. Therefore the decision is that the sheriff of Middlesex is to make it known to NB and TM, by good and honest men, to be at this court in Trinity term 1428 etc.

Court of Common Pleas, CP 40/669, rot. 373

Term: Easter 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £1000
Case type: Assault; Imprisonment; Real action / rents / damage to real estate

Pleading: Richard Barry states that on 30 June 1427, in London, John Cheyny lay in wait with force and arms to seize, arrest and imprison him, and made such great threats against him that he feared to go about his business from that day until the day of his original writ, 2 April 1428. Damages claimed at £1000.

Pleading: JC protests that a certain John Langeston and John Darell are, and long before the day of the supposed trespass were, seised of the manor of Bourton in Buckinghamshire, in their demesne as of fee, and thus seised demised the manor to JC to hold at their will, by which JC was and still is in possession, and also that RB is, and at the time of the alleged trespass was, a villein of JL and JD pertaining to that manor, just as their predecessors were seised of RB and his ancestors. JC denies force and arms and acting against the peace, and all the trespass except threatening to imprison RB; parties on country. Concerning the threats of imprisonment, JC states that RB ought not have his action, as at this time JL and JD were suing a certain writ of neifty ('nativo habendo') against RB and a certain Stephen Barry, directed to the sheriff of Buckinghamshire, which suit was pending judgement. Concerning this there was a discussion between JL and JD, JC (as he then held the manor at the will of JL and JD) and RB, in St Paul's cathedral in London, during which JC suggested that RB had many nephews and kinsmen who were villeins in the said manor, and who would acknowledge their villeinage in court. If RB should wish to acknowledge his villeinage in the same way, then he could return honourably, but RB refused, directing malicious and rebellious words at JC, after which JC suggested that if JL and JD recover RD, as they ought, then RD should be imprisoned for those words. This is the threat of imprisonment on which RD has brought this plea, and he seeks judgment.

Pleading: RB repeats his claim that JC forcibly threatened him with imprisonment. Enquiry on country, jury here at octave of Trinity.

Postea text: Sheriff has done nothing, and has not sent the writ, to the quindene of St John the Baptist 1428.

Case notes: An apparent partial entry of this case appears on rot 102 of this same roll, with the marginal heading partially erased and with the event date given as 30 June 1427.

Court of Common Pleas, CP 40/669, rot. 374

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas B. claims that John S. owes him 26m 6s 8d on a bond. Damages are claimed at £20. Bond shown in court. And upon this TB says that the bond was made at London etc.

Pleading: JS defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - TB says that the debt has been satisfied, therefore JS is quit.

Case notes: related to the other two pleas on CP40/669 rot.374.

Court of Common Pleas, CP 40/669, rot. 374

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas B. claims that Thomas H. owes him 26m 6s 8d per a bond. Damages are claimed at £20. Bond shown in court. And upon this TB says that the bond was made at London etc.

Pleading: TH defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - TB says that the debt has been satisfied, therefore TH is quit.

Court of Common Pleas, CP 40/669, rot. 374

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Chaplain Thomas B. claims that parson John Hert allies John Reynold owes him 26m 6s 8d on a bond. Damages are claimed at £20. Bond shown in court. And upon this TB says that the bond was made at London etc.

Pleading: JH defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - TB says that the debt has been satisfied, therefore JH is quit.

Case notes: related to the other two pleas on CP40/669 rot.374.

Court of Common Pleas, CP 40/669, rot. 375d

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 6s 8d
Case type: Bond

Pleading: Roger Sapurton claims that William R. owes him 100s per a bond. Damages are claimed at 100s. Bond shown in court. And upon this RS says that the bond was made at London etc.

Pleading: WR defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - Defendant WR does not come and so is in default. Therefore, the decision is that Roger Sapurton is to recover the aforesaid debt plus damages of 6s 8d. WR is in mercy.

Court of Common Pleas, CP 40/669, rot. 386

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Alexander A. and John B. claim that William B. owes them £40 per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: WB defends and seeks licence to imparl as far as Trinity term 1428. Pledges are named for the defendant.

Pleading: [Further information drawn from CP40/670 rot.492d. - Trinity 1420] WB says that the force of the bond ought not hold because at the time of its making he was imprisoned by AA, JB, and others of their coven at London etc.

Pleading: AA and JB say that WB was a free man at the time of the bond's making and seek inquiry upon the country, and WB seeks likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant (same pledges as named in Easter term 1428).

Case notes: Further information drawn from CP40/670 rot.492d.

Court of Common Pleas, CP 40/669, rot. 418

Term: Easter 1428
County: Surrey
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas M. claims that John E. has not rendered reasonable account concerning the time when JE acted as his receiver of monies, namely from 01/08/1424 for one whole year then next following, set for the at Southwark, Surrey. TM says that during this period JE receiver on his behalf, 8m 5s 4d by the hands of Thomas W. and 8m 5s 4d by the hands of Robert H. Damages are claimed at £10.

Pleading: JE says that he was never set forth as receiver of the monies of TM for the time aforesaid etc. and puts himself upon the country, and TM puts himself likewise. Order to the sheriff of Surrey to make a jury come in Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 420

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: Thomas K. claims that John C. owes him 20m per a bond. Damages are claimed at 10m. Bond shown in court. And upon this TK says that the bond was made at London [parish and ward left blank on CP40/669 rot.420 but supplied in re-entry of CP40/670 rot.326d.].

Pleading: JC defends and seeks licence to imparl as far as Trinity term 1428.

Pleading: [Further information drawn from CP40/670 rot.326d - Trinity 1428] JC says that the force of the bond ought not hold because at the time of its making he was imprisoned by TK and others of his coven at Southwark, Surrey.

Pleading: TK says that JC was a free man at the time of the bond's making and seeks inquiry upon the country, and JC seeks likewise. Order to the sheriff of Surrey to make a jury come in the quindene of Michaelmas term 1428.

Postea text: postea 1 - the sheriff of Surrey did not send the writ and so the case is forwarded as far as the octave of Martinmas 1428 (late in Michaelmas term 1428).

Case notes: Further information drawn from CP40/670 rot.326d

Court of Common Pleas, CP 40/669, rot. 421

Term: Easter 1428
County: Cambridgeshire
Writ type: Debt (account)
Damages claimed: 60s
Case type: Reckoning of account

Pleading: John L. claims that John T. owes him 60s 8d as determined by a reckoning of the account between them before auditors John S. and Richard S. JL says that an accounting was held at Cambridge on 12/01/1422 before the auditors aforesaid concerning diverse sums of money, by which accounting JT was found to be in arrears and clear debt to JK of the aforesaid 60s 8d. Damages are claimed at 60s.

Pleading: JT defends and seeks licence to imparl as far as trinity term 1428. Pledges are named for the defendant.

Postea text: postea 1 - further licence to imparl as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/669, rot. 421

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: John H. claims that John C. owes him £100 per a bond. Damages are claimed at 100m. Bond shown in court. And upon this JH says that the bond was made at London etc.

Pleading: JC defends and seeks licence to imparl as far as trinity term 1428. Pledges are named for the defendant.

Postea text: 8 posteas - all further licences to imparl, forwarding the case as far as Trinity term 1431.

Court of Common Pleas, CP 40/669, rot. 421d

Term: Easter 1428
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 40s
Case type: Bond

Pleading: John S. claims that Thomas C. owes him 40s arising from an unpaid bond of 23s 4d and a loan of 16s [note that these do NOT add up to 40s - scribal error?]. The 23s 4d bond was made on 03/07/1426 and due in Christmas 1426 (25/12/1426). The 16s loan was also made on 03/07/1426, and due in the feast of the Purification of St Mary 1427 (02/02/1427). Damages are claimed at 40s. And upon this JS says that the bond was made at London etc.

Pleading: TC defends and seeks licence to imparl as far as Trinity term 1428.

Court of Common Pleas, CP 40/669, rot. 421d

Term: Easter 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Taking of goods

Pleading: John C. claims that on 25/05/1427 at London John B. used force and arms to seize 100s of JC's cash money and assault JC's servant Simon B. so that JC was without SB's service for one month next following the said trespass. Damages are claimed at £20.

Pleading: JB says that he is innocent and puts himself upon the country, and JC puts himself likewise. Order to the sheriff of London to make a jury come in Trinity term 1428.

Postea text: postea 1 - the sheriff of London did not send the writ and so the case is forwarded as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/669, rot. 431d

Term: Easter 1428
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 6s 8d
Case type: Bond; Loan

Pleading: Robert F. claims that Thomas C. owes him 40s arising from an unpaid bond of 33s and a loan of 7s. The bond was made on 27/04/1427 and due on 16/05/1425. The loan was made on 20/05/1425 and due in the nativity of St John the Baptist 1425 (24/06/1425). Bond shown in court. And upon this RF says the bond was made at London etc. Damages are claimed at 40s.

Pleading: TC defends and seeks licence to imparl as far as trinity term 1428.

Postea text: postea 1 - Defendant TC does not come and so is in default. Therefore, the decision is that RF is to recover the aforesaid debt plus damages of 6s 8d. TC is in mercy.

Court of Common Pleas, CP 40/669, rot. 433d

Term: Easter 1428
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: Robert Fenescales states that on 10 October 1425, in London, Thomas Carewe bought from him woollen cloth of various colours for 28s 8d, payable at Christmas then next, and on 28 November 1425 he also borrowed a further 28s, payable at the feast of the Purification then next. However, he has not paid either sum, to his damage of 100s.

Pleading: TC, protesting that he bought the said cloth from RF for 10s, which he has always been prepared to pay to RF and offers in court, states that he does not owe RF this 56s 8d or any money as claimed. Order that he wager his law at the octave of Trinity; pledges for law named. TC places William Bradford in his place [as his attorney]. The attorney of RF receives the said 10s, and so TC is quit.

Postea text: TC makes essoin to the quindene of St John the Baptist.

Postea text: TC comes in person and makes his law. RF to have nothing, amerced for false claim. TC sent without day.

Court of Common Pleas, CP 40/669, rot. 435

Term: Easter 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John S. claims that Thomas B. owes him £4 per a bond. Damages are claimed at 100s. Bond shown in court.

Pleading: TB defends and seeks licence to imparl as far as Michaelmas term 1428.

Pleading: [Further information drawn from CP 40/674, rot 124d - Trinity 1429] TB says that the action against him ought not continue because after the making of the aforesaid bond JS issued him a receipt (release) at Steeple Bumpstead, Essex, on the 34th day of …[damage]… 3 Henry VI (1424-5) concerning 5m partial payment of the aforesaid £4, which same 5m TB received by the hands of a certain John H. TB says that he is quit concerning this 5m portion of the aforesaid £4 and …[remainder of case lost due to damage]…

Postea text: 3 posteas - all further licences to imparl, forwarding the case as far as Trinity term 1428.

Case notes: Further information drawn from CP40/674 rot. 124d (photo: 1388); in this later re-entry the date of the bond's making is given as 20/10/1424 rather than 29/10/1424 and there is a possibility this is a different writ, bit given that the posteas of the original entry forward the case as far as the term of the re-entry it seems more likely a scribal error in the CP40/674 re-entry.

Court of Common Pleas, CP 40/669, rot. 437d

Term: Easter 1428
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Damages awarded: 20s
Case type: Bond; Loan

Pleading: Thomas, abbot of Tavistock is in mercy for many defaults. John F. says that abbot Thomas owes him £11 13s 4d arising from a £4 bond and a loan of £7 13s 4d. The bond was made on 19 May 1424 and due at the Nativity of St John the Baptist 1424, while the loan was made on 10 July 1424 and due at Michaelmas 1424. Damages are claimed at £20. Bond shown in court. And upon this JF says that the bond and loan were made in London etc.

Pleading: Abbot Thomas defends and seeks licence to imparl to the octave of Trinity 1428.

Postea text: postea 1 - further licence to imparl to octave of Michaelmas 1428.

Postea text: postea 2 - The defendant, abbot Thomas, does not come. Order that JF recover the said debt, plus 20s for his damages and costs. Defendant amerced.