CP40/564: Hilary term 1402

Court of Common Pleas, CP 40/564, rot. 031

Term: Hilary 1402
County: Norfolk
Writ type: Fraud
Damages claimed: £20
Case type: Contract (general); Sale of goods

Pleading: Alexander G. and William C. bargained with William S. to buy 6 pipes of wine from him at Great Yarmouth for £20. William S. knew that the wine was bad but nevertheless warranted it as sufficient etc. when he sold it to the plaintiffs, thus defrauding AG and WC. Damages are claimed at £20.

Pleading: WS testifies that he is not aware that the wine was corrupt etc. WS says that he had one cargo ship loaded with diverse tuns and pipes of red, white and Rhenish wine at Kirkley Road, Suffolk, and that it was there rather than Great Yarmouth that the plaintiffs bargained to buy the wine. Also, that same day and place AG and WC pierced those pipes and drank two jars full of wine from them and regarded it well and sufficient all the night following. The next day the ship of AG and WC returned and bought the 6 pipes of Rhenish wine from WS. And, it was AG and WC that caused the wine to become corrupt at Great Yarmouth. WS is prepared to verify this.

Pleading: AG and WC say that they have no knowledge of the events WS has described, and that he falsely and fraudulently warranted the wine as good when it was in fact bad. The plaintiffs seek inquisition on the country, and WS seeks likewise. Order to the sheriff of Norfolk to make a jury come in the quindene of Easter term 1402 concerning view of Great Yarmouth etc. Pledges named for the defendant.

Court of Common Pleas, CP 40/564, rot. 055

Term: Hilary 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Hugh F. claims that Walter F. assaulted him with force and arms at London. Damages are claimed at £20.

Pleading: WF says he is innocent of using force and arms and puts himself upon the country, and HF puts himself likewise. Concerning the assault etc. WF says that at the time and place of the alleged assault he was defending himself, as he had good licence to do. WF says that if he did HF any harm, that it was in defence of his own body etc.

Pleading: HF says that WF did come with force and arms, and that WF made trespass against him etc. HF seeks inquiry on the country, and WF seeks likewise. Order to the sheriff of London to make a jury come [term left blank]. Pledges are named for the defendant.

Court of Common Pleas, CP 40/564, rot. 110d

Term: Hilary 1402
County: Essex
Writ type: Debt (other)
Damages claimed: £100
Damages awarded: 13s 4d
Case type: Debt; Real action / rents / damage to real estate

Pleading: John, prior of Leighs, was summoned to answer the Dean and Chapter of St Paul's on their plea that he render to them £20, the arrears of an annual rent of £10 owed to them. The Dean and Chapter state that on 28 December 1276, Simon, then prior of Leighs, acknowledged his house to be bound to pay in perpetuity an annual rent of £10 to the Dean and Chapter of St Paul's, payable at the feast of St Faith (6 October) each year, for the soul of Hervey de Borham, then Dean of St Paul's, payable in the following manner; 100s to the greater canons, 18s to the 12 lesser canons, 30s to the 30 vicars, 20s to the other chaplains, the secondaries and the master of the scholars, 10s for the dead of the city, 5s for the 5 servants of the church, 5s for the boys of the almshouses, 8s 4d should be distributed to the 100 paupers, and the canons of the priory bringing the payment shall take 3s 8d. And if the Prior and convent default on payment, the Dean and Chapter may distrain goods from the lands held by the priory of the gift of HB, in Boreham, Baddow, Terling, Springfield and Little Waltham, except in the late time of war, when the prior and convent do not have possession of their goods. By virtue of this gift, HB and the chapter of St Paul's, and their successors, were seised of this rent until 3 years before the date of their original writ, namely 24 January 1402, when Prior John withdrew the rent and refused to pay. This is to their damage of £100. They show in court the original grant, sealed with the common seal of the former prior and convent.

Pleading: The present prior admits that his house owes this annuity, and that it is in arrears by the said £30. Order that the dean and chapter recover their annuity and the arrears, and damages assessed at 13s 4d. Prior and convent not amerced, as came on the first day.

Case notes: Seemingly a continuation of CP 40/562, rot 307, on a new writ.

Court of Common Pleas, CP 40/564, rot. 162

Term: Hilary 1402
County: London
Writ type: Debt (bond)
Damages claimed: £4
Damages awarded: 6s 8d
Case type: Bond

Pleading: John C. claims that Robert B. owes him £4 for a bond made between JC on one part, and RB with Robert S. on the other part. Damages claimed at £4. The bond is shown in court. Noted that the bond itself does not say where it was made, but JC claims that it was made at London, parish of St Alban, Cripplegate ward.

Pleading: RB says that the bond ought not hold, because it is not of his making. RB places himself upon the country, and JC places himself likewise. Order to the sheriff of London to make a jury come in the octave of the purification of St Mary 1402. Pledges are named for the defendant. The bond is placed into the safe keeping of WP.

Postea text: postea 1 - The jury does not come and so the case is forwarded as far as Easter term 1402.

Postea text: Postea 2 - the bond is delivered to William Hankeford (justice of assize) 22/6/1403 in the expectation that a jury will come to deliberate it.

Postea text: postea 3 - The bond is given back into the safe keeping of WP (10/7/1403) and justice WH is quit of it.

Postea text: postea 4 - case heard on 30/06/1403 before justice WH and associate justice Richard C. at assize in St Martin the Grand. The jury finds that the bond is of RB's making. JC is to recover the debt plus damages of 6s. 8d.

Court of Common Pleas, CP 40/564, rot. 162

Term: Hilary 1402
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: John S. claims that William C., George B., Robert A., and William M., together with other malefactors, lay in wait with force and arms at various times in order to kill him, such that he dare not go about his business from that day until the feast of Pentecost then next (22 May 1401). Damages are claimed at £40.

Pleading: The defendants deny the trespass, and put themselves upon the country, and JS puts himself likewise. The sheriff of Middlesex is to summon a jury to the octave of the Purification of St Mary. Defendants place John Wynkeburn in their place against JS.

Court of Common Pleas, CP 40/564, rot. 218d

Term: Hilary 1402
County: London
Writ type: Debt (account); Debt (sale of goods)
Damages claimed: £20
Case type: Arbitration; Reckoning of account; Sale of goods

Pleading: John London states that on 28 October 1392 John Boterwyk and his wife Alice accounted with him before William Ireby and Edward Wynter, auditors, concerning various saddles and bridles bought from him by Alice when she was a single woman. On this account it was found that JB and AB were in arrears to him in £14, but they have not paid this. Damages are claimed at £20.

Pleading: JB and AB claim that John L. should cease his action against them because, after this reckoning of account, and with the assent of both parties, they submitted to arbitration at Stamford in Lincolnshire before John Longe and Walter Wace. At Stamford a final concord was made between them concerning this and all other outstanding quarrels between them, whereby it was decided that JB and AB should pay JL 3s 4d in satisfaction of this debt and all other outstanding quarrels. JB and AB say they paid this money and are prepared to verify this.

Pleading: JL says his action should continue because the defendants did not hold to the conditions of the arbitration. JL seeks inquiry upon the county concerning this, and the defendants seeks likewise. Order to the sheriff of Lincolnshire to make a jury come in the quindene of Easter term 1402.

Postea text: 2 posteas, both say the sheriff did not send the writ, forwarding the case as far as Michaelmas term 1402.

Court of Common Pleas, CP 40/564, rot. 232

Term: Hilary 1402
County: London
Writ type: Debt (account)
Damages claimed: £10
Damages awarded: 46s 8d
Case type: Reckoning of account

Pleading: John B. states that on 1 October 1397, in London, John K. accounted with him before William W. and John C., auditors, concerning various sums of JB's money received by JK from the hands of WW and others between 26 October 1397 [sic., clearly an error, possibly for 1396] and Michaelmas 1397 for caps, hures, hats and other merchandise. Upon this account JK was found to be in arrears to JB by 109s 5d, which he has not paid. Damages are claimed at £10.

Pleading: JK states that he never accounted before WW and JC concerning any sums of money as claimed by JB. Concerning this JK puts himself on the country, and JB puts himself likewise. Order to the sheriff of London; jury to be here at quindene of Easter. Pledges named for defendant.

Postea text: Jury respited to later in Easter term 1402.

Postea text: Plaintiff JB comes by his attorney, but defendant JK does not come and so is in default. The case is respited until the octave of Trinity term 1402.

Postea text: The case is respited until the octave of St John the Baptist 1402 unless the case should first be heard at assize on 15/06/1402.

Postea text: Case heard was on 15/06/1402 at assize, St Martin le Grand, before justice William B. and associate justice Henry Payn, where the jury says that the accounting did take place and awards JB recovery of the debt plus 46s 8d damages.

Postea text: JK comes at 'Easter in one month' 1403 and delivers himself to the Fleet prison. And upon this day comes JB and acknowledges satisfaction of the debt and damages, by which JK seeks delivery from the prison. JK is quit, and the warden of the Fleet is also quit.

Court of Common Pleas, CP 40/564, rot. 232d

Term: Hilary 1402
County: London
Writ type: Debt (account); Debt (sale of goods)
Damages claimed: £10
Case type: Reckoning of account; Sale of goods

Pleading: John B. states that on 1 October 1397, in London, Henry S accounted with him before William W. and John C., auditors, concerning various sums of JB's money received by HS from the hands of WW and others between 16 October 1397 [sic, clearly an error, possibly for 1396] and Michaelmas 1397 for caps, hures, hats and other merchandise. Upon this account HS was found to be in arrears to JB by 40s 2d, which he has not paid. Damages are claimed at £10.

Pleading: HS states that he never accounted before WW and JC concerning any sums of money as claimed by JB. Concerning this HS puts himself on the country, and JB puts himself likewise. Order to the sheriff of London to have a jury here at the quindene of Easter. Pledges named for defendant.

Court of Common Pleas, CP 40/564, rot. 258

Term: Hilary 1402
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Edmund F. claims that Thomas Abbot owes him £40 for three tuns of woad which he bought but has not paid for. Damages claimed at 100s.

Pleading: TA says that he does not owe EF the said £40 nor any other money, and offers his law, to be made at the quindene of Easter term 1402. Pledges of law are named, as well as pledges for future appearance.

Postea text: 1 postea - EF does not come to prosecute his suit, so he and his pledges to prosecute are amerced, and TA is without day.

Court of Common Pleas, CP 40/564, rot. 280

Term: Hilary 1402
County: Huntingdonshire
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Thomas T. and John S. claim that Robert R. owes them 40s for a loan. Damages claimed at 40s.

Pleading: RR says that he does not owe TT and JS anything, and offers his law. Pledges of law are named as well as pledges for future appearance.

Postea text: 1 postea - The plaintiffs do not come, and so they and their pledges of prosecution are amerced, and RR is without day.

Court of Common Pleas, CP 40/564, rot. 328d

Term: Hilary 1402
County: Essex
Writ type: Debt (other)
Damages claimed: £100
Damages awarded: 20s
Case type: Debt; Real action / rents / damage to real estate

Pleading: The prior of Leighs amerced for many defaults. The prior of Little Leighs was summoned to answer Thomas Stowe, dean of St Paul's and the chapter of that house, on plea that he render to them £47 5s, the arrears of an annual rent of £21 which he owes to them. The dean and chapter state that on 17 June 1276, at Little Leighs, by a certain document Hervey de Borham, then dean of St Paul's, with the chapter of that house, granted at farm to the former prior and convent all fruits and obventions in the church of Halstead granted to HB by John, then bishop of London, together with all buildings and appurtenances, in return for £21 per year, payable at the chapter house in London at four annual terms, beginning at Martinmas 1276. It was agreed that if the prior and convent should default their payment, in full or in part, then the dean may enter the church and seize and distrain any goods of the prior and convent found there until they are satisfied of the arrears and their expenses. By virtue of this, the dean and chapter were seised of this rent, payable at Martinmas, Ash Wednesday, Ascension and St Peter ad Vincula, until 2¼ years before the date of the plaintiff's writ, 24 January 1402, when the present prior withdrew payment, to their damage of £100. They show the original grant in court.

Pleading: The present prior admits the action, that he owes the said annuity and the arrears as claimed. Order that dean and chapter recover the annuity and the arrears due for both before and after the original writ, amounting to £52 10s, and damages of 20s. Prior not amerced, as came on first day.

Case notes: Seemingly a continuation of the case on CP 40/563 rot 555 on a new writ.

Court of Common Pleas, CP 40/564, rot. 338

Term: Hilary 1402
County: London
Writ type: Account
Damages claimed: 40s
Case type: Contract (service/employment); Reckoning of account

Pleading: Peter Kirkeby states that John Hynton was receiver of his money from 2 December 1398 until the following Christmas, and during that time received from John Russhynton, in the parish of St Audoen in London, 40s to the trade and profit of PK. For this JH was to render reasonable account, but he has refused to do this, to his damage of 40s.

Pleading: JH says that PK ought not have his action, as on 3 November 1399 he accounted fully for this money at Brackley before John Gilbard and John Lyndraper, appointed as auditors by PK.

Pleading: PK says that his action should not stop because JH did not make full account before the aforesaid auditors concerning the aforesaid monies etc. and puts himself upon the country, and JH puts himself likewise. Sheriff of Northamptonshire to have jury here at quindene of Easter.

Court of Common Pleas, CP 40/564, rot. 373d

Term: Hilary 1402
County: Northamptonshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: John Burre claims that on 24 February 1400, at Old Stratford, William Wydevyle forcibly took and carried off goods of his worth £40, namely two lead vessels, brass and copper vessels, dishes, cooking pots, tablecloths, towels, six silver spoons, linen and woollen cloth and other household utensils. Damages are claimed at £40.

Pleading: WW denies the trespass and places himself upon the country, and JB places himself likewise. Order to the sheriff of Northamptonshire to make a jury come in the quindene of Easter term 1402.

Postea text: 2 posteas - both say that the writ arrived late, and so the case is forwarded as far as Michaelmas term 1402.

Case notes: Place given as 'Little Stony Stratford', which, since it clearly lies in Northamptonshire, presumably equates to Old Stratford.

Court of Common Pleas, CP 40/564, rot. 379d

Term: Hilary 1402
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Damages awarded: 3s 4d
Case type: Sale of goods

Pleading: John S. claims that Walter H. bought cloth from him with a total value of £16, namely 300 ells of woollen cloth and 100 silk kerchiefs. Damages are claimed at £10.

Pleading: WH says that he is not able to deny this debt, therefore JS is to recover the said £16 and damages of 3s 4d. WH is in mercy and committed to the Fleet prison where he is to remain etc.

Postea text: On 25/11/1402 JS comes and says that he has been satisfied of the debt and damages, and so WH seeks to be released from the Fleet. The warden of the Fleet is to release him.

Court of Common Pleas, CP 40/564, rot. 461

Term: Hilary 1402
County: Cambridgeshire
Writ type: Other
Damages claimed: 100m
Case type: Negligence; Taking of goods

Pleading: John T. and Richard B. claim that according to the law and custom of the realm an inn keeper is responsible for the safe-keeping of his guests and their goods. And, JT and RB claim that when they stayed in the house of John B. at Barnwell, Cambridgeshire, the servants of JB seized and carried off goods and chattels of JT and RB from within the inn of JB to the value of £40. The goods taken were namely: 22 pounds of saffron, 70 pounds of ginger, 57 pounds of pepper, 15 pounds of cloves, 47 pounds of cinnamon, 25 pounds of galingale, 35 pounds of 'graynes', and 17 pounds of 'cere de poleyn'. Hence JT and RB have brought suit against JB, and claim damages of 100m.

Pleading: JB says that he is innocent and puts himself upon the country, and the plaintiffs put themselves likewise. Order to the sheriff of Cambridgeshire to make a jury come in the quindene of Easter 1402.

Postea text: postea 1 - jury placed in respite as far as Michaelmas term 1402 unless the case is first before John Cokayne chief baron of the exchequer on 22/7/1402 at assize in Cambridge.

Postea text: postea 2 - the case was heard at assize in Cambridge on 22/07/1402 before John Cokayne and associate justice John Cothirstoke. There, a jury said on oath that JB is innocent, and JT and RB are amerced for false claim. JB is without day.

Court of Common Pleas, CP 40/564, rot. 464d

Term: Hilary 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Abduction

Pleading: Thomas Chipsted claims that on 7 November 1401 his servant William Chipsted, while in his service at London (parish of St Mary Woolchurch, Walbrook Ward), was forcibly abducted by brothers John K., warden of the Grey Friars of London, and Thomas Chixenden, Thomas M., Robert C., John C., and John B., his fellow friars, so that he lost WC's service from that date until [omitted], to his loss of £20. Damages are claimed at £40.

Pleading: The defendants come by [omitted] their attorney and defend. Concerning force and arms [no further pleading].

Case notes: Pleading incomplete.

Court of Common Pleas, CP 40/564, rot. 465

Term: Hilary 1402
County: Somerset
Writ type: Account
Damages claimed: £40
Case type: Contract (service/employment); Reckoning of account

Pleading: John R., Richard A., and Roger S., executors of the will of Adam H., claim that William H. should make to them reasonable account concerning the four years when he was receiver of the moneys of AH. During this time WH received from the hands of a certain Thomas W. de Cornwall, at Wells, 26m to the profit etc. of the said AH, and WH has not made reasonable account to the plaintiffs concerning this money etc. Damages are claimed at £40.

Pleading: WH says the plaintiffs' suit should not be maintained against him because he already made a reckoning of account with the plaintiffs at Wells, Somerset, and he is prepared to verify this.

Pleading: The plaintiffs say that no such accounting took place between themselves and WH at Wells, at the time WH claims. The plaintiffs seek inquest on the country, and WH seeks likewise. Order to the sheriff (of Somerset) to make a jury come in the quindene of Easter term 1402.

Court of Common Pleas, CP 40/564, rot. 481d

Term: Hilary 1402
County: London
Writ type: Debt (loan)
Damages claimed: 60s
Case type: Loan

Pleading: John R., claims that Simon G. owes him 73s 4d for a loan. Damages are claimed at 60s.

Pleading: SG says that he does not owe John R. anything and offers his law. Pledges of law are named, as well as pledges for future appearance.

Court of Common Pleas, CP 40/564, rot. 482

Term: Hilary 1402
County: London
Writ type: Debt (account)
Damages claimed: £6
Case type: Reckoning of account

Pleading: John Cosyn states that on 20 November 1389 William Taillour accounted with him in London before Roger C. and John C. junior, auditors, concerning £80 and other receipts received by WT from JC, and on this account was found to be in arrears to JC by £16. However, he has not paid this. Damages claimed at £6.

Pleading: WT says that JC ought not continue the action against him because the same JC gave him a release from all debts etc., which WT shows the court. WT is prepared to verify this.

Pleading: JC says that his action should continue, because the release referred to by WT is not of his making. JC seeks inquest on the country, and WT seeks likewise. Order to the sheriff of Suffolk to make a jury come in Easter term in one month 1402. The release is to remain in the safe keeping of William P.

Postea text: 2 posteas - both say the sheriff did not send the writ, forwarding the case as far as Michaelmas term 1402.

Court of Common Pleas, CP 40/564, rot. 520d

Term: Hilary 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Taking of goods

Pleading: William P. claims that Richard L., together with John O. and John H, forcibly took and carried off his goods and chattels at London to the value of £40, namely one book called a porteus ('porthors'), four silver goblets (ciphos) with two silver lids, one mazer decorated with silver and with a silver and gilt lid, one silver and gilt girdle, two furs of [damaged] and grey, 12 silver spoons, and linen and woollen cloth. Damages claimed at £100.

Pleading: RL says he is innocent and puts himself upon the country, and WP puts himself likewise. Order to the sheriff of London to make a jury come in the quindene of Easter term 1402.