CP40/753: Easter term 1449

Court of Common Pleas, CP 40/753, rot. 103

Term: Easter 1449
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Abduction

Pleading: William Martyn states that on 10 August 1447 Robert Counstable, together with William Haye, forcibly abducted his servant, John Shotebrid, in the parish of St Clement Danes, for which he was deprived of his service for one year. This was against the peace, and to his damage of £40.

Pleading: RC granted licence to imparl to morrow of St John the Baptist.

Postea text: Further licence to imparl, to octave of Michaelmas 1449.

Court of Common Pleas, CP 40/753, rot. 106d

Term: Easter 1449
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Arbitration; Real action / rents / damage to real estate

Pleading: William Brandon states that on 10 September 1445, in the parish of St Faith, London, he demised at farm to Thomas Caundysh a third part of the manor of Grymston (Grimston Hall), Suffolk, with appurtenances, to hold for two years, at an annual rent of £6, payable at Easter and Michaelmas. TC held this property for these two years, but has not paid the £12 due for this rent. Also, as there had been various disagreements between them regarding this property and other matters, by the intervention of their friends they agreed to place themselves in the arbitration of Robert Wyngefeld and William Jeney, in St Faith's on that same day. The arbiters accepted this task, and having heard the evidence adjudged that TC should have and hold the manor and appurtenances quit of WB, with the exception of the third held by Elizabeth, former wife of WB, and that for delivery of this manor, and for the two years for which he had occupied this property, TC should pay a further £9 to WB on request. However, TC has not paid any of these sums to WB, to his damage of £20.

Pleading: TC states that, regarding the £12 arrears, WB never demised this property to him in the form stated. Parties on country, jury here at octave of Trinity. And concerning the other £9, he states that he does not owe WB this £11 (sic) or any money as claimed. Order that he wager his law at the same term. Pledges named for law. Attorney to have him here.

Court of Common Pleas, CP 40/753, rot. 111d

Term: Easter 1449
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: William Haute, James Kelom and Robert Beauchamp, executors of Edward Tyrell, now deceased, state that on 22 May 1443 John Webbe accounted with ET regarding various sums of money received for ET by JW, for which he was to render account, and JW was found to be in arrears by 63s 4d. However, JW has not paid this sum, either to ET or to his executors, to their damage of £20. They show in court the testamentary letters of ET, by which they have executry and administration.

Pleading: JW states that he does not detain this or any money from the executors as claimed. Ordered that he wager his law at quindene of Trinity, pledges for law named. Pledges for appearance named.

Postea text: JW makes his law. Executors to take nothing, amerced for false claim. JW sent without day.

Court of Common Pleas, CP 40/753, rot. 112d

Term: Easter 1449
County: London
Writ type: Other
Damages claimed: £200
Case type: Negligence; Safe keeping

Pleading: Thomas Brampton states that on 18 December 1446, in London, he delivered by the hands of Robert Longe nine sarplars of Cotswold wool to Lewis Stroche for safe-keeping, and LS took custody of these in return for an agreed sum of 6s 8d. However, LS kept them negligently, and the wool was taken and carried away, to his damage of £200.

Pleading: LS granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1449, rot 301d] LS states that TB ought not maintain his actions, as regarding three of these nine sarplars, TB did not deliver them to him as claimed. Parties on country. Regarding the other six sarplars, he states that between the delivery and the supposed loss of the wool, TB sold the six sarplars to a certain Forestus de Rabate, and FR took them on the day of the alleged loss, as seemed right.

Pleading: TB states that he did not sell this wool to FR as claimed by LS. Enquiry by country, jury here at quindene of St John the Baptist.

Case notes: Continued on CP 40/754, rot 301d. See also CP 40/757, rot 389d.

Court of Common Pleas, CP 40/753, rot. 114

Term: Easter 1449
County: Essex
Writ type: Trespass (against statute)
Damages claimed: £200
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Henry Fylongley and John Yngowe, citing the terms of the statute of 1 Henry V against the creation and use of false or fraudulent documents to disturb possession of land [Stat. Realm, 1 Henry V, c. 3], state that on 10 July 1448 Richard Doreward, John Teukesbury and his wife Agnes conspired together at Leigh-on-Sea to make false deeds and muniments concerning property of the plaintiffs in Leigh-on-Sea, by virtue of which the plaintiffs suffered great disturbance of their tenure of this property, to their damage of £200. These documents were a false deed by which a certain John Bysworth granted a messuage and 5 acres of land in Leigh-on-Sea to a certain Walter Chircheman and John Sibill, and another by which WC and JS granted this property to John Eccleshale and his wife Agnes, and the heirs of JE, and also copies of other charters and rentals relating to this property. on 10 July 1448 John Tewkesbury forcibly expelled them with 12 men-at-arms from a messuage and 5 acres of land in Leigh-on-Sea, and forcibly still holds this against them, in contempt of the king, against the statute and to their damage of £100.

Pleading: RD, JT and AT granted licence to imparl to octave of Trinity.

Pleading: [continued at Michaelmas 1449, rot 506] JT and AT deny responsibility for this trespass as claimed. Parties on country. HF and JY seek separate writs to the sheriff of Essex for the issues between them and RD and the issues between them and JT and AT, and this is granted. Sheriff of Essex to have jury here at octave of Hilary.

Postea text: Further licence to imparl to octave of Michaelmas 1449.

Postea text: [on CP 40/755, rot 506] Parties came, sheriff has done nothing and not sent writs, sicut prius to octave of the Purification. On this day, parties came, and regarding the issues between HF and JY and RD, sheriff did not send writ, to Easter one month.

Postea text: Parties came, and regarding the issues between HF and JY and RD, sheriff did not send writ, to octave of Trinity.

Case notes: Continued on CP 40/755, rot 506.

Court of Common Pleas, CP 40/753, rot. 121d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 5m
Case type: Bond

Pleading: Simon Eyre states that on 9 December 1447 Edward Arnold made bond with him in £13 16s, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: EA states that he cannot deny the action, and that the bond was of his making. Order that SE recover debt, and damages of 5m. EA amerced.

Case notes: See also rot 123d and rot 129.

Court of Common Pleas, CP 40/753, rot. 122d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Curson states that on 5 December 1443 Henry Sturmere, now deceased, made bond with him in 100m, but neither he nor his executors have paid, to his damage of £40.

Pleading: Katherine Sturmere and Richard Sturmere, executors of HS, granted licence to imparl to octave of Trinity, with assent of JC.

Postea text: 9 further licences to imparl, to octave of Hilary 1452. Marginal notes that case viewed by the chief justice and discontinued.

Court of Common Pleas, CP 40/753, rot. 123d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 5m
Case type: Bond

Pleading: Simon Eyer states that on 14 June 1447 Edward Arnold made bond with him in £27 6s 10d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: EA states that he cannot deny the action, and that the bond was of his making. Order that SE recover debt, and damages of 5m. EA amerced.

Case notes: See also rot 121d and 129.

Court of Common Pleas, CP 40/753, rot. 128

Term: Easter 1449
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Housebreaking; Taking of goods

Pleading: John Lyndesey states that on 18 July 1448 Bartholomew Bramsham and Humphrey Hayford forcibly broke into his house in Westminster and took and carried off goods to the value of 40s, namely one silver buckle, one silver pendant, and one silver and gilt ring ('turrettum'), against the peace and to his damage of 100s.

Pleading: BB and HH deny responsibility for this trespass as claimed. Parties on country, jury here at Easter five weeks.

Postea text: sheriff did not send writ, to octave of Trinity 1449.

Court of Common Pleas, CP 40/753, rot. 129

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 5m
Case type: Bond

Pleading: Simon Eyer states that on 10 October 1446 Edward Arnold made bond with him in £32 19s 4d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: EA states that he cannot deny the action, and that the bond was of his making. Order that SE recover debt, and damages of 5m. EA amerced.

Case notes: See also rot 121d and rot 123d.

Court of Common Pleas, CP 40/753, rot. 136

Term: Easter 1449
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Real action / rents / damage to real estate

Pleading: John Waleys, prior of the new hospital of St Mary without Bishopsgate, London, states that on 2 April 1449 Richard Folyot forcibly broke into his house in the parish of St Michael, Bassishaw, against the peace and to his damage of £40.

Pleading: RF denies force and arms. Parties on country. Regarding the rest, he states that the prior ought not continue his action, as a certain Roger Jurdan, former prior, and the convent of that house, by an indenture sealed with the common seal of the house which RF shows in court, dated in the chapter house on 20 March 1428, demised at farm to a certain William Trerys a certain messuage of which the house concerned is a parcel, as part of the property which WT then held and inhabited in the parish of St Michael Bassishaw, between the tenement which Thomas Batell then held to the south, and the tenement of the former prior and convent which John Welles then held to the north and west, and next to the king's street to the west (sic), excepting all easements which Welles then had, holding it with the adjacent garden from the nativity of St John the Baptist last (24 June 1427) for 40 years, at an annual rent of 26s 8d. By virtue of this grant WT was seised, and by another document which RF shows in court, dated in London on 16 November 1430, reciting the original grant, WT granted his interests in this property to Thomas Dolley and his wife Margaret, for the rest of the original term. TD and MD were thus seised, and they demised their interest in the property to RF, who was thus in possession at the time of the alleged trespass. The prior, believing that the period of the original demise had ended, entered the property, and RF simply re-entered it, as seemed right to him, and he did not intend any injury.

Pleading: The prior, not acknowledging anything claimed by RF, states that the former prior and convent demised the property to WT for 40 years, and on 16 December (sic) 1430 WT demised it to TD and MD. TD and MD then held it until TD died, and then, before the date of the trespass, in the parish of St Botolph in Bishopsgate ward, she rendered her interests to the present prior, who was thus seised in the right of the hospital at the time of the trespass. TD and MD did not demise the property to RF, as RF alleges.

Pleading: RF, not acknowledging anything said by the prior, states that TD and MD did demise the property to him as he claimed. Parties on country, jury here at octave of Trinity.

Court of Common Pleas, CP 40/753, rot. 176

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Theophanie, widow of Thomas Bernard, and William Corbet, executors of Thomas Bernard, state that on 2 June 1446 Robert Bentham made bond with Thomas Bernard, the testator, in £10, payable at Michaelmas next. Also, on 1 November 1445 he made another bond, this one in 20m, payable at the feast of the Purification next. However, RB has not paid either debt, either to TB or his executors, to their damage of £10. They show the bonds in court, and the testamentary letters of TB, by which they have executry and administration.

Pleading: RB states that TB, the testator, by a document which he shows in court, dated at Gloucester on 14 July 1447, released him from all actions outstanding between them.

Pleading: The executors state that this release was not made of TB. Enquiry by the country, sheriff of Gloucestershire to have jury of Gloucester here at Easter five weeks.

Postea text: 10 posteas, sheriff did not send writ, to quindene of Michaelmas 1451.

Court of Common Pleas, CP 40/753, rot. 176d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 13s 4d
Costs: 26s 8d
Case type: Bond

Pleading: William Spaldyng states that on 30 April 1431 Robert Smyth made bond with him in £32, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RS states that this bond was not of his making. Parties on country, jury here at quindene of Trinity. Bond in safe-keeping of Henry Fylongley. Pledges named.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1449, nisi prius they come before John Prysot, CJCP, at St Martin le Grand on 10 October 1449. On this day, WS came, justices sent record that on that day, before JP and John Fililode, WS came, RS did not come, in default. Jury said that the bond was made of RS. Damages assigned at 13s 4d, costs at 26s 8d. Order that WS recover debt, and damages at 40s. RS to be taken.

Case notes: See also similar case on rot 243.

Court of Common Pleas, CP 40/753, rot. 209

Term: Easter 1449
County: Herefordshire
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Assault

Pleading: Thomas Lewes states that on 16 June 1448 Nicholas Colynge forcibly assaulted him in Hereford, against the peace and to his damage of 100s.

Pleading: NC denies force and arms. Both parties on country. Regarding the rest, he states that TL assaulted him in Hereford on that day, and he only acted in self-defence.

Pleading: TL repeats that NC assaulted him on that day, and not for the reason given by NC above. Enquiry by country, jury here at quindene of Trinity.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Hilary 1450.

Court of Common Pleas, CP 40/753, rot. 243

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 13s 4d
Costs: 26s 8d
Case type: Bond

Pleading: William Spaldyng states that on 30 April 1431 Warin Broun made bond with him in £32, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: WB states that this bond was not of his making. Parties on country, jury here at quindene of Trinity. Bond in safe-keeping of Henry Fylongley. Pledges named.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1449, nisi prius they come before John Prysot, CJCP, at St Martin le Grand on 10 October 1449. On this day, WS came, justices sent record that on that day, before JP and John Fililode, WS came, WB did not come, in default. Jury said that the bond was made of WB. Damages assigned at 13s 4d, costs at 26s 8d. Order that WS recover debt, and damages at 40s. WB to be taken.

Case notes: See also similar case on rot 176d.

Court of Common Pleas, CP 40/753, rot. 243d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 26s 8d
Costs: 26s 8d
Case type: Bond; Imprisonment

Pleading: William Tounlond states that on 21 October 1448 William Hawkyn made bond with him in £6, payable the following Saturday, but he has not paid, to his damage of 100s. He shows the bond in court.

Pleading: WH states that he should not be bound to this debt, as at this time he was imprisoned by WT and his associates at Alnwick in Northumberland, and detained there until he made this bond under duress.

Pleading: WT denies this, stating that at the time of the bond WH was not imprisoned, and made the bond freely and not under any duress. Enquiry by the country. Sheriff of Northumberland to have jury of Alnwick here at Easter five weeks. Pledges named.

Postea text: Sheriff did not send writ, to octave of St John the Baptist.

Postea text: Parties came, jury in respite to quindene of Michaelmas 1449, nisi prius they come before the justices of assize in Northumberland at Newcastle upon Tyne on 4 August 1449. On this day, WT came, justices of assize send record that on that day, before Thomas Fulthorp and Richard Knyght, WT came by attorney, WH did not come, in default. Jury state that at the time of the bond WH was not imprisoned, and made the bond freely and not under duress. Damages assigned at 12d, costs at 26s 8d. Order that WT recover debt, and damages of 27s 8d, and a further 25s 8d damages assigned by the court, to a total of 4m. WH amerced.

Postea text: WT acknowledged satisfaction of the debt and damages, WH quit.

Case notes: Parish and ward cited do not correlate. Presumably error for St Peter Westcheap, Farringdon Within ward (on Cheapside).

Court of Common Pleas, CP 40/753, rot. 246

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Gilbert Muryell, John Borle and John Waryn state that on 27 January 1425 William Totham, now deceased, made bond with them in 20m, but neither WT nor his executor, Agnes, former wife of John Rouchestre, have paid, to their damage of 10m. They show the bond in court.

Pleading: Agnes, widow of John Rouchestre, executor of WT, granted licence to imparl to quindene of Trinity, with assent of plaintiffs. Pledges named.

Case notes: See also rot 246d.

Court of Common Pleas, CP 40/753, rot. 246d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Gilbert Muryell and John Borle state that on 27 January 1425 William Totham, now deceased, made bond with them in £10, but neither WT nor his executor, Agnes, former wife of John Rouchestre, have paid, to their damage of 10m. They show the bond in court.

Pleading: Agnes, widow of John Rouchestre, executor of WT, granted licence to imparl to quindene of Trinity, with assent of plaintiffs. Pledges named.

Case notes: See also rot 246.

Court of Common Pleas, CP 40/753, rot. 274

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond; Imprisonment

Pleading: John Whitfeld states that on 10 November 1447 John Chyuw made bond with him in £7, payable in two instalments, but has not paid, to his damage of 5m. He shows the bond in court.

Pleading: JC states that he should not be bound to this debt, as at this time he was imprisoned by JW and his associates at Ickham by Wingham in Kent, and detained there until he made this bond under duress.

Pleading: JW denies this, stating that at the time of the bond JC was not imprisoned, and made the bond freely and not under any duress. Enquiry by the country. Sheriff of Kent to have jury here at quindene of Trinity.

Court of Common Pleas, CP 40/753, rot. 304

Term: Easter 1449
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: William Tregornowe, citing the terms of the Statute of Labourers, states that on 16 December 1448 he retained Alan Hewet to serve him as a brewer until the following Easter, but on 23 December 1448, before the end of that term, he left his service without good cause or licence, in contempt of the king, against the terms of the statute, and to his damage of £10.

Pleading: AH states that he was retained by WT on that day to serve him as stated for one week, and he served him as agreed for that week, and then left.

Pleading: WT repeats that he retained AH to serve until Easter 1449, as claimed. Enquiry by country, jury here at Easter five weeks. Pledges named.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1449. WT came, AH did not come, in default. Jury in respite to octave of Hilary 1450, as did not come.

Court of Common Pleas, CP 40/753, rot. 308

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Thomas Boleyn amerced for many defaults. William Bothe, Bishop of Coventry and Lichfield, and Clement Denston, state that on 28 October 1446 John Langton, former Bishop of St David's, now deceased, made bond with them in 100m, but neither he nor his executors have paid, to their damage of £100. They show the bond in court.

Pleading: Thomas Boleyn, John Bedon and Alan Semper, executors of Bishop Langton, state that on the day of the plaintiffs' original writ, and long before, they had made full administration of all the goods and chattels formerly of JL, and had none remaining in their hands.

Pleading: WB and CD state that on the day of their original writ, namely 12 September 1448, the executors had various goods formerly of JL still in their hands and not administered, namely at Westminster. Enquiry by country, jury of Westminster here at octave of Trinity.

Postea text: Sheriff did not send writ, to octave of St John the Baptist 1449.

Court of Common Pleas, CP 40/753, rot. 313d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Henry Joyner states that on 18 November 1443 Thomas Saxham, parson of Haddiscoe, made bond with him and a certain John Joynour, now deceased, in £4, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: TS states that he should not owe this debt, as John Joynour, by a document which he shows in court, dated at Bury St Edmunds on 10 October 1444, released him from all real and personal actions outstanding between them before that time.

Pleading: HJ states that JJ did not release TS from this debt in the manner claimed by TS. Enquiry by country, sheriff of Suffolk to have jury of Bury St Edmunds here at quindene of Trinity. Release in safe-keeping of Henry Fylongley.

Postea text: Sheriff did not send writ, to quindene of Michaelmas 1449.

Court of Common Pleas, CP 40/753, rot. 315

Term: Easter 1449
County: London
Writ type: Detinue
Damages claimed: 10m
Case type: Detention of goods; Safe keeping

Pleading: William Allerton states that on 17 June 1438, in the parish of St Margaret, Aldgate ward, London [sic], he delivered to John Sevenok various goods for safe-keeping, namely two silver plates ('crateros') with covers, two silver salt cellars, one with a cover, and six silver spoons, all worth 10m. These were to be returned on request, but JS has not returned them, and refuses to do so, to his damage of 10m

Pleading: JS states that he does not detain these goods or any part of them from WA as claimed. Makes his law immediately. WA to take nothing, amerced for false claim. JS sent without day.

Case notes: Parish and ward do not correlate - no parish of St Margaret in Aldgate ward.

Court of Common Pleas, CP 40/753, rot. 316

Term: Easter 1449
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Bradfeld, citing the terms of the Statute of Labourers, states that on 27 September 1448 he retained Clement Watford to serve him as a butcher for one year, but on 10 January 1449, before the end of that term, he left his service without licence or good cause, in contempt of the king, against the statute and to his damage of £20.

Pleading: CW states that he was never retained by JB to serve him in the manner claimed. Parties on country, jury here at octave of Trinity.

Case notes: Specifically states the parish of St Botolph in Tower ward. Presumably St Botolph without Aldgate.

Court of Common Pleas, CP 40/753, rot. 319

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: William Normanton, John Angrell and Richard Gosefrith, executors of John Stopyndon, former Archdeacon of Dorset, state that on 1 November 1446 William Lovell made bond with JS, the testator, in £40, but has not paid, either to JS himself or his executors, to their damage of 100m. They show the bond in court, and the testamentary letters of JS, by which they have executry and administration.

Pleading: WL granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1449, rot 463] WL states that he ought not owe this debt, as the endorsement on this bond shows that he only owes £20 and no more, and that by an acquaintance which he shows in court, made at Shaftesbury on the Monday in the close of Easter (17 April) 1447, JS acknowledged that he had received £10 from WL, in full payment of the £20, and that he acknowledges himself to be satisfied of the larger sum, and that WL is quit.

Pleading: The executors, not acknowledging anything said by WL, state that they need not make further pleas, and seek judgment and damages on this plea, as the response is insufficient.

Pleading: WL seeks that the executors be precluded from their action, as they did not deny his plea, which was sufficient in law. Justices wish to be advised, day given at quindene of Michaelmas.

Postea text: Further day given at octave of Hilary 1450.

Case notes: Continued on CP 40/754, rot 463. For will of Stopyndon, see http://www.kentarchaeology.org.uk/Research/Libr/Wills/Lbth/Bk21/page%20038.htm

Court of Common Pleas, CP 40/753, rot. 327

Term: Easter 1449
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: Thomas Skargill states that on 20 July 1443 he was retained by Edward Wykes to ride from London to the towns of Havering-atte-Bower in Essex and Hertford in Hertfordshire on matters of business, taking 6m for his salary and labour. He performed these duties, but EW has not paid him the 6m due, and refuses, to his damage of £20.

Pleading: EW states that he does not owe TS this or any money as claimed. Makes his law immediately. TS to take nothing, amerced for false claim. EW sent without day.

Court of Common Pleas, CP 40/753, rot. 327

Term: Easter 1449
County: London
Writ type: Trespass (against statute)
Damages claimed: 100s
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Rede, citing the terms of the Statute of Labourers, states that on 10 February 1448 he retained Ralph Couper to serve him as a craftsman ('artem fabri') for one year. However, on 1 December 1448, before the end of that term, he left his service without reasonable cause or licence, in contempt of the king, against the form of the statute and to his damage of 100s.

Pleading: RC states that he was never retained to serve JR in the manner claimed. Parties on country, jury here at morrow of St John the Baptist. Pledges named.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Hilary 1450.

Court of Common Pleas, CP 40/753, rot. 331d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Hulyn and Thomas Nypp state that on 1 November 1447 John Brygge made bond with them in £20, but has not paid, to their damage of 20m. They show the bond in court.

Pleading: JB granted licence to imparl to quindene of Trinity, with assent of plaintiffs.

Postea text: Further licence, to quindene of Michaelmas.

Court of Common Pleas, CP 40/753, rot. 337d

Term: Easter 1449
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John Jordan states that on 1 May 1448 John Jonesson bought from him 100 sheep skins for 40s, payable on request, but has not paid, to his damage of 100s.

Pleading: John Jonesson granted licence to imparl to octave of Trinity, with assent of Jordan.

Postea text: Jordan came, Jonesson did not come, in default. Order that Jordan recover debt, and damages of 10s. Jonesson amerced.

Postea text: Attorney of Jordan acknowledges satisfaction of debt and damages. Jonesson quit.

Court of Common Pleas, CP 40/753, rot. 337d

Term: Easter 1449
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: John Penne states that on 1 August 1448, at Well End in 'Shelney' (Shenley), Richard Thornbury took six cows belonging to JP and has unjustly detained them, against his surety and pledge and to his damage £20.

Pleading: RT granted licence to imparl to octave of Trinity, with assent of JP.

Pleading: [continued at Michaelmas 1449, rot 632d] RT states that he took the animals at Well End in Shenley, but that there is no place named 'Shelney' in the said county, as claimed by JP. He seeks judgment on the writ. He acknowledges that he took the animals in Shenley, as bailiff of Philip Thornbury and his wife Margaret, since he states that a certain Robert Founteyn, alias Robert Well, was seised of a messuage and half a virgate of land with appurtenances in Shenley, of which Well End was a parcel, held of Elizabeth Elyngton of her manor of Rowley, at an annual rent of 2s and suit of court, etc. EE then died without issue, and the manor passed to Margaret Thornbury, as her next heir, namely as daughter of John, son of Sabine, daughter of Margery, daughter of Adam, brother of John, father of Richard, father of EE. RF enfeoffed the property to John Wafi, who then died leaving a son Richard, who entered the property. Thomas Frowyk then entered the property, claiming that JW and RW were his bondmen of his manor of [omitted], and took possession. However, 40s rent was outstanding from this property for the previous 20 years, and hence RT, as bailiff of PT and MT, took these animals from TF and his tenants.

Pleading: JP, not acknowledging anything said by RT, states that there is such a place as 'Shelney' in this county, as he claimed. Enquiry on country, jury here at octave of Hilary.

Postea text: Further licence to imparl to octave of Michaelmas 1449.

Case notes: Continued on CP 40/755, rot 632d.

Court of Common Pleas, CP 40/753, rot. 338

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Mitron states that on 3 January 1438 Thomas Bell made bond with him in £20, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: TB granted licence to imparl to octave of Trinity, with assent of WM. Pledges named.

Court of Common Pleas, CP 40/753, rot. 339d

Term: Easter 1449
County: Hampshire
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Thomas Osgood, citing the terms of the Statute of Labourers, states that on 19 March 1442 he retained John Goode to serve him as a valet attendant on his person and in other matters, for one year. However, on 24 June 1442, before the end of that term, he left his service without reasonable cause or licence, in contempt of the king, against the form of the statute and to his damage of £20.

Pleading: JG granted licence to imparl to quindene of Trinity, with assent of TO.

Postea text: 2 further licences to imparl, to octave of Hilary 1450. Recorded by Robert Danvers, justice (marginal note)

Court of Common Pleas, CP 40/753, rot. 414

Term: Easter 1449
County: Norfolk
Writ type: Debt (other)
Damages claimed: £10
Case type: Real action / rents / damage to real estate

Pleading: Roger Brook states that at Michaelmas 1445 he demised at farm to William Prynce 20 acres of land with appurtenances in Barnham Broom for a term of two years, at an annual rent of 20s, payable at the feast of the Annunciation. WP occupied this property for this term, for which he should have paid 40s, but he has not paid, to his damage of £10.

Pleading: WP granted licence to imparl to octave of Trinity.

Postea text: Further licence to imparl to quindene of Michaelmas 1449.

Court of Common Pleas, CP 40/753, rot. 417

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 2m
Costs: 4m
Case type: Bond

Pleading: John Fastolf states that on 26 September 1446 John Sypton made bond with him in £20, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: JS states that he ought not owe this debt, as JF, by a document which he shows in court, dated at Pettistree in Suffolk on 4 September 1447, released him, by the name of John Sibieton, from all personal suits outstanding between them before that date.

Pleading: JF states that this release was not of his making. Enquiry by country, sheriff of Suffolk to have jury of Pettistree here at octave of Trinity. Release to stay in safe-keeping of Henry Fylongley.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Hilary 1450.

Postea text: Sheriff stated that he had sent this to Robert Cheke, bailiff of the liberty of St Etheldreda, who did nothing. To Easter three weeks, notwithstanding the liberty.

Postea text: Release delivered to John Markham, justice of assize. HF quit.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1451, nisi prius they come before the justices of assize in Suffolk at Henhowe on 22 July 1451. On this day, JF came, justices sent record that on that day, before John Markham and Thomas del Rowe, parties came, jury said that the release was not made of JF. Damages assigned at 2m, costs at 2m. Order that JF recover his debt of £20, and damages of 4m, plus another 26s 8d costs assigned by the court, to a total of 6m. JS amerced.

Postea text: At Easter one month 1454, JS committed to the Fleet.

Postea text: JF, by attorney WR, remits debt and damages. JS quit.

Court of Common Pleas, CP 40/753, rot. 424d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Brynknell states that on 24 July 1426 Thomas de Codyngton made bond with Robert Leversegge, now deceased, in 7m, but did not pay RL, and nor has he paid WB or John Pake, now deceased, executors of RL, to his damage of 100s. He shows the bond in court, and the testamentary letters of RL, by which he has executry and administration.

Pleading: TC granted licence to imparl to octave of Trinity, with assent of WB.

Postea text: Further licence, to octave of Michaelmas 1449.

Court of Common Pleas, CP 40/753, rot. 425d

Term: Easter 1449
County: London
Writ type: Detinue
Damages claimed: 6000m
Case type: Detention of goods; Safe keeping

Pleading: William Anderby states that on 16 August 1425 he delivered to Henry Beaufort, then Bishop of Winchester and afterwards Cardinal of England, for safe-keeping various goods and chattels worth 5000m, namely one black satin gown with wide open sleeves lined with foins, and with 80 pouches called 'gipsers' of gold strips ('lamina') upon the sleeves, containing 1500 pearls; a gown of crimson velvet lined with sable, with gold strips ('lamina') and 1000 large pearls on the sleeves; and a gown of crimson motley velvet lined with sable, which gowns were later altered as vestments and ornaments for altars; one large gold collar with large gold strips ('laminis') hanging from it, adorned with sixteen large balas rubies, eight large sapphires, four large rubies and four large diamonds, and two clasps ('vermalibus') hanging from the same collar, one in front and one behind, adorned with two large balas rubies and eight large oriental pearls; one pair of gold basins with the rays of the sun worked ('sculpt'') on the inside and outside, which Henry IV gave to Lucy, former Countess of Kent and Lady of Wake on the day of her marriage; two silver gallon pots, with spouts ('fistulis') in the likeness of dragons' heads and gilt handles and edges; a pair of silver candlesticks; one wide covered silver cup ('peciam') with unicorn horn ('osse') set in the base, and with a gold garter inscribed with the words 'Hony soit qui male pense' encircled around it; 202 ounces of pearls called 'ounce pearls' ('unceperill'); one quilt of Reims linen for a bed of state with cotton and caddis filling; and one gold standing goblet with a gold cover, with a large balas ruby set in the top of the cover with four large pearls arranged around it. These goods were to be returned on request, but Cardinal Beaufort died, and after his death the goods came into the hands Cardinal Kemp on 27 April 1447. WA therefore sought the goods from Kemp, but he has refused to return them, to his damage of 6000m.

Pleading: Kemp is granted licence to imparl to octave of Trinity, with assent of WA.

Postea text: 13 further licences, to octave of Michaelmas 1453.

Court of Common Pleas, CP 40/753, rot. 429d

Term: Easter 1449
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Peter Pope, John Honyburn and Thomas Rydell state that on 12 February 1447 Andrew Tye accounted before John Cantelowe and Henry Yole, auditors assigned to hear his account for various sums of money received by him to the profit and account of the plaintiffs, and as found to be in arrears to the plaintiffs by £16. However, AT has refused to pay this to them, to their damage of £10.

Pleading: AT granted licence to imparl to octave of Trinity, with assent of plaintiffs.

Postea text: 2 further licences, to octave of Hilary 1450, with assent.

Court of Common Pleas, CP 40/753, rot. 471

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Richard Stowe, by attorney [John Huntyngdon], states that on 4 February 1447, in London [St Olave, Tower ward] John Turke made bond with him in £19 16s 11d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JT granted licence to imparl to quindene of Trinity.

Pleading: [continued at Trinity 1449, rot 91] JT states that he should not be bound to this debt, as at this time he was imprisoned by RS and his associates in St Michael Bassishaw parish, London, and detained there until he made this bond under duress.

Pleading: RS denies this, stating that at the time of the bond JT was not imprisoned, and made the bond freely and not under any duress. Enquiry by the country. Jury of St Michael Bassishaw here at quindene of St John the Baptist.

Case notes: continued on CP 40/754, rot 91. Many missing details supplied from second enrolment.

Court of Common Pleas, CP 40/753, rot. 471d

Term: Easter 1449
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 10s
Case type: Bond

Pleading: Robert Barley states that on 5 April 1445 William Bole made bond with him, payable on the octave of Trinity next, but has not paid, to his damage of 40s. He shows the bond in court.

Pleading: WB granted licence to imparl to quindene of Trinity.

Postea text: 3 further licences to imparl, to quindene of Easter 1450.

Postea text: RB came, WB did not come, in default. Order that RB recover debt, and damages of 10s. WB amerced.

Court of Common Pleas, CP 40/753, rot. 473d

Term: Easter 1449
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Contract (general); Debt; Safe keeping

Pleading: William Chartesey states that on 15 July 1438, in London [parish and ward omitted], by the terms of an indented bill made between them, Edward Welles received £30 from him, to keep to the use of WC, and to be returned to him whenever he sent or came for it, on presentation of the other half of the indenture. However, EW has refused to return this sum, to his damage of £20. He shows in court the other half of the bill, witnessed by Robert Preston and William Hygyns [in English, recited in full].

Pleading: EW, by attorney [name omitted], granted licence to imparl to octave of Trinity, with assent of WC.

Postea text: 2 further licences to imparl, to octave of Hilary 1450.