CP40/725: Easter term 1442

Court of Common Pleas, CP 40/725, rot. 185

Term: Easter 1442
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 20s
Costs: 60s
Case type: Bond

Pleading: William Parchemener states that on 1 December 1439 John Faryngdon made bond with him in £40, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JF states that he ought not owe this debt, as by a document which he shows in court, dated 4 January 1441, WP acknowledged receipt of £27 6s 8d of this sum, and by another document, which he also shows in court, dated 4 April 1441, he acknowledged payment of a further £6, and by a third document, which he again presents in court, dated 6 June 1441, he acknowledged payment of the remaining £6 13s 4d, in full payment of the original debt.

Pleading: WP states that these acquittances were not of his making. Enquiry on the country. Orders to the sheriffs of London, Cornwall and Devon to have juries here at octave of Trinity next. Documents to remain in custody of Robert Darcy for safe-keeping. At which day the sheriffs of London and Cornwall did not send the writs, sicut prius to morrow of St John the Baptist. Process continued, jury of Devon in respite to octave of Michaelmas 1443 nisi prius they come before the justices of assize in Devon at Exeter on 29 July 1443. At this day came the parties, justices sent record that on that day, before Richard Neuton and Nicholas Ayssheton, justices of assize, in Devon, parties came in person, jury came, JF alleged that the jury had been empanelled by William Wadham, former sheriff of Devon, on the nomination of WP and in his favour. Jury dismissed, sheriff to bring new jury at octave of Martinmas. Process continued, jury in Cornwall in respite to octave of Michaelmas 1443 nisi prius they come before the justices of assize in Cornwall at Launceston on 25 February 1443. WP came, justices sent that before RN and NA, justices, parties came, jury said that the acquittance dated 4 April was not made of WP. Damages assigned at 20s, costs at 20s. Justices wish to be advised, day given at octave of Hilary. At which day both parties came, day given to WP at quindene of Easter; to quindene of Trinity; to octave of Michaelmas.

Pleading: Process continued on plea in Devon, jury in respite to octave of Michaelmas 1444 nisi prius they come before justices of assize in Devon at Exeter on 27 July 1444. Parties come, justices send record that on that day, before NA and John Wydeslade, parties came, jury came, JF claimed that the jury had been empanelled by Richard Yerde, former sheriff of Devon, at the nomination of WP. Panel removed, sheriff of Devon to have new jury of Salterton here at morrow of All Souls. Justices wish to be advised, day given WP to be here at octave of Hilary; parties come, to quindene of Easter; to quindene of Trinity; to quindene of Michaelmas; to quindene of Hilary; to quindene of Easter; to quindene of Trinity;

Pleading: At this day, WP came, JF did not come, nor did he pursue the verification of the releases made in London and Devon. In default. Day given to WP at octave of Michaelmas to hear judgment, so that the justices can hear the record and assign damages.

Postea text: [on CP 40/742, rot 423] WP came, justices, having seen the records, order that WP recover the debt of £40, and the damages assigned in Cornwall, as well as a further 40s costs assigned by the justices here. JF to be taken.

Postea text: Record and process summoned before the king by writ of error dated 4 May 1451, directed to John Prysot.

Case notes: Continued on CP 40/742, rot 423.