CP40/580: Hilary term 1406

Court of Common Pleas, CP 40/580, rot. 103

Term: Hilary 1406
County: Surrey
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas F. claims that john B. owes him £7 per a bond. Damages claimed at £20. Bond shown in court.

Pleading: JB says that the bond is not of his making and puts himself upon the country, and TF puts himself likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/580, rot. 103d

Term: Hilary 1406
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £100
Damages awarded: £20
Case type: Assault

Pleading: Thomas L. claims that Thomas A. used force and arms to assault TL at Westgate next to Canterbury so that he was afraid to go about his business from the day of the assault (09/09/1404) until the day of the making of his writ (10/05/1405). Damages are claimed at £100.

Pleading: TL says that he is innocent and puts himself upon the country, and TA puts himself likewise. Order to the sheriff etc.

Postea text: postea 1 - continuance between the parties as far as Michaelmas term 1406, unless the case is first heard by justice John C. at the Canterbury assize on 28/07/1406.

Postea text: postea 2 - the case is heard by justice JC and associate justice John G. at the Canterbury assize on 28/07/1406. A jury says on oath that TA is innocent of the beating and wounding of TL. But, TA is guilty of threatening TL etc., and so TL and is to recover £20 damages. TA has been arrested. TL is amerced for his false claim of having been beaten and wounded.

Court of Common Pleas, CP 40/580, rot. 109d

Term: Hilary 1406
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £40
Case type: Bond

Pleading: John S. with his wife Joan S., executors of the will of John H., claim that Katherine A, administrator of the goods and chattels of her late husband John A. (died intestate), owes them £10 5s per a £10 bond and 5s loan owed by the late JA to the late JH. Damages are claimed at 340. Bond shown in court, as well as proof of executry.

Pleading: [No counterplea entered]

Court of Common Pleas, CP 40/580, rot. 112

Term: Hilary 1406
County: Suffolk
Writ type: Disseisin
Damages claimed: £200
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Payne T., Walter R., Thomas P., and John B. are in mercy for many defaults. Drew B. claims that PT, WR, TP, and JB have deforced him of the custody of lands lately of his tenant John G. Sen., and of JG Sen.'s minor heir John G. Jr. Drew B. claims that the late John G. Sen. held of him one messuage and two carucates of land with appurtenances in Exning, Suffolk, for homage, fealty, and 10s scutage of the lord king, more or less (ad scutagium domini regis 40s cum acciderit 10s. Et ad plus plus etc. Et ad minus minus etc.). DB says that (as tenant and chief) he was seised of this land in fee and by right for services of 10s annually at the feasts of Easter and Michaelmas in equal portions, and per the service of a quarter of one knight's fee, and that in turn the late JG Sen. held of him in fee and by right. DB says that JG Sen. died in homage to him and so by custom the lands of the late JG Sen. and his heir John G. Jr., being a minor, ought to be in his care. However, DB claims that the said PT, WR, TP, and JB have deforced him of the custody of the said land and heir. Damages are claimed at £200.

Pleading: PT, WR, TP, and JB, say that the only lands DB might be claiming are one messuage and 60 acres of land, and do not acknowledge that these were held of DB for the services aforesaid, nor that JG Sen. died in homage to DB. They also say that they do not have custody of JG Sen.'s heir now, nor did they have custody of him at the time of the making of the writ, and seek judgement concerning the writ. Further, they say that JG Sen., was seized of the said lands as of his demesne and in fee, and hence demised them to the defendants. The defendants present two documents to the court. The first is a charter given at Exning on 14/04/1398, whereby (JG Sen.) gave and granted to PT, WR, TP, and JB the aforesaid tenement with appurtenances, all lands and tenements which he (JG Sen.) had in the vill and fields of Exning, Suffolk, in the vill of Snailwell and fields of Fordham, Cambridgeshire. The second is a release made at Exning on 14/07/1402, whereby JG Sen. Quit claimed any interest he may have had in the said lands, in perpetuity.

Pleading: DB says that at the time of he making of the original writ on 10/05/1405, the defendants were holding JG Sen.'s heir (JG Jr.) and seeks inquiry upon the country, and the defendants seek likewise. DB says concerning the said charter and release, that they were made out of fraud and collusion so as to be able to hold the said lands of the late JG Sen. during the minority of JG Jr., and exclude DB, in breach of the statute.

Pleading: the defendants say that the aforesaid release was made out of good faith, and not to defraud DB. The defendants put themselves upon the country, and DB puts himself likewise. Order to the sheriff etc.

Postea text: 2 posteas - the sheriff did not send the writ and so the case is forwarded as far as Michaelmas term 1406.

Postea text: postea 3 - continuance as far as Easter term 1408.

Postea text: postea 4 - the plaintiff and defendants come as well as a jury, but the jury is not of the hundred of Exning, and so the case is respited as far as Trinity term 1408 so that a jury (of Exning hundred) might be placed.

Court of Common Pleas, CP 40/580, rot. 114

Term: Hilary 1406
County: Middlesex
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: Richard C. claims that Thomas F. detains from him a certain bond and quitclaim (release). RC says that this bond shows that a certain John D. is held to him in £20 under certain terms, and the aforesaid writing also contains a quitclaim whereby JB relaxes all personal actions against RC prior to the making of the said release. RC says that this document was put into TF's safe keeping at Westminster, and that TF now refuses to return it. Damages are claimed at £40.

Pleading: TF comes to the court with the said document and says that he is ready to deliver it with the court's decision. He says that he was given the document with the mutual assent of RC and JB only to be re-delivered under certain conditions. TF says that he is ignorant as to whether these conditions have been met and seeks that JB be consulted etc. Order to the sheriff to make JB come to this court in Easter term 1406, in which term day is also given between the parties etc.

Court of Common Pleas, CP 40/580, rot. 114d

Term: Hilary 1406
County: Middlesex
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: Richard C. claims that John N. detains from him a certain bond and quitclaim (release). RC says that this bond shows that a certain John D. is held to him in £20 under certain terms, and the aforesaid writing also contains a quitclaim whereby JB relaxes all personal actions against RC prior to the making of the said release. RC says that this document was put into JN's safe keeping at Westminster, and that JN now refuses to return it. Damages are claimed at £40.

Pleading: JN comes to the court with the said document and says that he is ready to deliver it with the court's decision. He says that he was given the document with the mutual assent of RC and JB only to be re-delivered under certain conditions. JN says that he is ignorant as to whether these conditions have been met and seeks that JB be consulted etc. Order to the sheriff to make JB come to this court in Easter term 1406, in which term day is also given between the parties etc.

Postea text: postea 1 - the sheriff did not send the writ so the case is forwarded to later in Easter term 1406. JB is to be made to come etc.

Court of Common Pleas, CP 40/580, rot. 120

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Robert N. and Henry J., executors of the will of John R., claim that Thomas R. owes them 22m per a bond made between the late JR and a certain late Robert W. on the one part, and TR on the other part. Damages are claimed at £40. Bond shown in court, as well as proof of executry.

Pleading: TR asks that the bond and its endorsements be read out in the court, and it says if the late JR and RW should sue out licence so that TR might hold two incompatible benefices for the whole of his life, then the bond would be due. Upon this day is given between the parties in Easter term 1406, reserving the case in its present state.

Postea text: 4 posteas - all say, without explanation, that further day is given between the parties, forwarding the case as far as Michaelmas term 1407.

Court of Common Pleas, CP 40/580, rot. 129d

Term: Hilary 1406
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: John S. claims that John B. with his son Thomas B. owe him £10 arising from a loan of 10m and the sale of one saddle worth 5m which TB and JB bought but did not pay for. Damages are claimed at 100s.

Pleading: JB and TB says that they do not owe JS the said £10 not any other monies, and offer their law. Pledges of law are named.

Postea text: postea 1 - JS does not come to prosecute his case and so is in default. JS and his pledges of the prosecution are in mercy and JB with TB are without day.

Court of Common Pleas, CP 40/580, rot. 134

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Alice S. (widow of Richard S.) and Richard D., executors of the will of Richard S., claim that John B. owes them £100 per a bond made between the late RS and JB at Boston, Lincolnshire, and payable at London. Damages are claimed at £40.

Pleading: JB defends etc. And upon this day is given between the parties in Easter term 1406.

Court of Common Pleas, CP 40/580, rot. 136d

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: John W. claims that Thomas W. owes him £17 10s per a bond. Damages are claimed at 100s. Noted that the bond does not say where it was made, but JW says it was made at London etc.

Pleading: TW says that the force of the bond ought not hold because he was imprisoned by JW and others of his coven at Biggleswade, Bedfordshire, at the time of its making.

Pleading: JW says that TW was a free man at the time of the making of the said bond and seeks inquiry upon the country, and TW seeks likewise. Order to the sheriff of Bedfordshire etc. [Document contains a blank space for later insertion where pledges names would normally appear.]

Postea text: postea 1 - the sheriff of Bedfordshire does not send the writ, and so the case is forwarded as far as Michaelmas term 1406.

Postea text: postea 2 - The sheriff of Bedfordshire returns that the writ reached him too late and so the case is forwarded as far as Hilary term 1407.

Court of Common Pleas, CP 40/580, rot. 151

Term: Hilary 1406
County: Surrey
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Roger K. claims that John B. owes him £9 6s 8d on a bond. Damages claimed at £10. Noted that the bond says nothing of where it was made, but RK says it was made at London etc.

Pleading: JB says that the force of the bond ought not hold because he was imprisoned by RK and his associates at Kingston upon Thames, Surrey, at the time of its making.

Pleading: RK says that JB was a free man at the time of the bond's making and seeks inquiry upon the country, and JB seeks likewise. Pledges are named for the defendant.

Court of Common Pleas, CP 40/580, rot. 151

Term: Hilary 1406
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Arbitration; Housebreaking; Taking of goods

Pleading: John H. claims that John B. used force and arms to break his house at Bermondsey, Surrey, and carry off goods and chattels to the value of £10. The goods taken were namely: one steel hauberk, one breast-plate, one pair of cuisses and greaves, one pair of vambraces and rerebraces of new make, one chaplet, one long tunic of scarlet called a houpland, one green tunic lined with fur of [omitted], one russet tunic lined with squirrel fur, and one other tunic of green cloth lined with squirrel fur. Damages are claimed at £40.

Pleading: JB says that after the said trespass, namely on 19/02/1399, he and JH underwent arbitration at London before arbitrators John M. and Robert N.. JB says that these arbitrators found that they ought to give each one quart of wine to settle all disputes between then, which condition he satisfied.

Pleading: JH says that there was no such arbitration in the parish and ward aforesaid and seeks inquiry upon the country, and JB seeks likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/580, rot. 172

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Damages awarded: 100s
Case type: Bond

Pleading: Thomas B. and Roger D. claim that John C. owes them £20 per a bond. Damages are claimed at 20m. Noted that the bond makes no mention of where it was made, but TB and RD say it was made at London etc.

Pleading: JC says that the action against him ought not continue because after the making of the said bond, namely on 10/12/1405 at Rawreth, Essex, RD issued him a release from all real and personal actions.

Pleading: TB and RD say that the release is not of RD's making and seek inquiry upon the country, and JC seeks likewise. Order to the sheriff of Essex. Pledges are named for the defendant. The release is put into the safe keeping of clerk William P.

Postea text: postea 1 - the sheriff of Essex returns that the writ reached him too late and so the case is forwarded as far as Trinity term 1406.

Postea text: postea 2 - the sheriff of Essex does not send the writ and so the case is forwarded as far as Michaelmas term 1406.

Postea text: postea 3 - continuance between the parties as far as Easter term 1407 so that a jury might be placed.

Postea text: postea 4 - JC does not come to defend and so is in default. Therefore, TB and RD are to recover the said debt plus damages for detention of the monies and costs totalling 100s. JC is in mercy.

Postea text: postea 5 - 09/05/1411 TB comes before the court and acknowledges that JC has made full satisfaction concerning the said debt and damages. JC is quit.

Court of Common Pleas, CP 40/580, rot. 193

Term: Hilary 1406
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Richard E. claims that on the Monday before Michaelmas 1405 (i.e. 28/09/1404) he retained TD to work for him as a labourer from the same feast of Michaelmas 1404 for one whole year, but that on 05/10/1405 TD left his service without reasonable cause. Damages are claimed at £20.

Pleading: TD says that RE did not retain him as is supposed and puts himself upon the country, and RE puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/580, rot. 193d

Term: Hilary 1406
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: Henry O. claims that Ralph P. owes him £14 10s 5d as the unpaid residue of a £24 debt arising from the sale of two casks of woad to the said RP. Damages are claimed at 20m.

Pleading: RP says that he does not owe HO the said £14 10s 5d nor any other monies and offers his law. Pledges of law are named, and the court orders that RP's attorney John J. to have his master to this court to make his law in Easter term 1406.

Court of Common Pleas, CP 40/580, rot. 193d

Term: Hilary 1406
County: London
Writ type: Debt (sale of goods)
Damages claimed: £4
Case type: Sale of goods

Pleading: John C. claims that JW owes him £4 arsing from the sale of 16 quarters of malt which JW bought from him, payable on the same day, but for which JW has not paid. Damages are claimed at £4.

Pleading: JW says that he does not owe JC the said £4 nor any other monies and puts himself upon the country, and HC puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/580, rot. 224d

Term: Hilary 1406
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: Richard M. claims that Andrew C. owes him £22 arising from the sale of 8 quarters and 6 bushels of garden-woad which were bought but not paid for. Damages are claimed at 20m.

Pleading: AC says that he does not owe RM the said £22 nor any other monies and puts himself upon the country, and RM puts himself likewise. Order to the sheriff of London etc.

Court of Common Pleas, CP 40/580, rot. 289

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Real action / rents / damage to real estate

Pleading: Thomas S. claims that John L. owes him £10 per a bond. Damages are claimed at £20. Bond shown in court. Noted that the bond says nothing of where it was made, but TS says it was made at London etc.

Pleading: JL says that the action against him ought not continue because the said bond pertained to an 'indenture made afterwards, the other part of which JL offers to the court, made under the seal of TS.' This indenture, made later (the same day), granted and demised at farm to the said JL all lands, tenements, rents and services that TS had in Hoo All Hallows, Kent, for three years commencing Michaelmas 1404; excepting to TS one pigeon-house and one garden called ' le Spadehaghe' to which TS was to have free access. During this period JL was to maintain all the houses/buildings of the same and not to lay waste to the lands or woods etc, but he grants that he may cut wood at the right time of year for fuel for Thomas to burn in his house at Goseputte' and to make repairs to the houses and closes. In exchange JL should give to TS 9m 6s 8d and one quarter of wheat annually at the terms of Easter and Michaelmas, in equal portions. If this rent should not be paid TS retained the right to re-enter the property and make distraint for arrears and any damages etc. Furthermore, the same JL or his heirs were to take all hay and corn grown everywhere on the fields at Goseputt and place it in the house there. And lastly, if JL should hold faithfully to the form and conditions of the said agreement then the said £10 bond shall be null and void. JL says that he held to the aforesaid agreement, and so he should not owe the said £10.

Pleading: TS says that JL did not hold to the said agreement, because he did not keep in good repair, one of the stables and of the 'bovaris' (cow-barn?) during the said term.

Pleading: JL says that he did hold to the terms of the said agreement, and adequately maintained the said buildings. JL puts himself upon the country, and TS puts himself likewise. Order to the sheriff of Kent etc. Noted that JL puts in his place attorney Richard E.

Postea text: postea 1 - continuance between the parties as far as Trinity term 1406.

Postea text: postea 2 - a jury comes and says upon oath that JL well and completely repaired the said buildings in accordance with the said agreement, and so is without day. TS is to have nothing for his writ, and is in mercy for false claim.

Court of Common Pleas, CP 40/580, rot. 291

Term: Hilary 1406
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Henry O. claims that Robert B. owes him 100s arising from the sale of butt of rumney wine which RB bought but did not pay for. Damages are claimed at 100s.

Pleading: RB says that he does not owe HO the said 100s nor any other monies and offers his law. Pledges of law are named. RB's attorney, William N., is to have his master to this court to make his law in Easter term 1406.

Postea text: postea 1 - RB makes essoin and so the case is forwarded as far as Trinity term 1406.

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

Court of Common Pleas, CP 40/580, rot. 291

Term: Hilary 1406
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Robert L. claims that William P. owes him £10 3s 4d as the unpaid residue of a £19 9s 6½d debt arising from the sale of cloth which WP bought but did not completely pay for. The cloth was namely: on 20/03/1400 WP bought three ells of black frieze worth 8s 1½d, five ells of black frieze worth 22s 6d, half an ell of black frieze worth 15d, one ell of black cloth worth 3s 8d, one ell of red woollen cloth worth 4 [denomination omitted, presumably shillings]; on 13/05/1400 WP bought three and a half ells of woollen blue cloth worth 13s 5d, half an ell of red cloth for 5s 6d, three ells of green cloth worth 6s 6d, nine ells of green cloth worth 21s 4d, twenty ells of green cloth worth 57s 1d, one and three-quarter ells of black cloth worth 10s 6d, two ells of red cloth worth 13s 4d, fourteen and a half ells of green cloth worth 22s 2d, two and a half ells of blue cloth worth 9s 7d, one and a quarter ells of white cloth worth 8s 4d, four and a half ells of brown russet worth 28s 6d, five ells of russet worth 31s 1d, four and a quarter ells of violet engrain worth 24s, four ells of blue cloth called frieze worth 9s 4d, half an ell of scarlet cloth worth 5s 6d, and seventeen ells of green mottle worth £4 3s 3d; all together these total £19 9s 6½d. Damages are claimed at £10.

Pleading: WP claims that he does not owe the said £10 3s 4d nor any other monies and offers his law. Pledges of law are named. WP's attorney, Thomas S., is to have his master to this court in the purification of St Mary (later in Hilary term) 1406 so make his law.

Postea text: postea 1 - WP makes essoin and so the case is forwarded as far as Easter term 1406.

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

Court of Common Pleas, CP 40/580, rot. 313

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Walter S. claims that John O. owes him 110s per a bond, payable 20s in All Souls' 1402 (01/11/1402) and £4 10s in the purification of St Mary 1403 (02/02/1403). Damages are claimed at £10.

Pleading: JO says that the action against him ought not continue, and presents to the court two releases. The first, given on 31/10/1402, acknowledges that JO paid the first 20s of the above said 110s bond. The second, given 01/03/1403, acknowledges that JO paid another 40s of the above said 110s bond. JO further says that he was prepared to give WS the remaining 50s he owed against the above said bond in the purification of St Mary 1403 (02/02/1403) at Westminster, Middlesex.

Pleading: WS says that the releases Jo has presented are not of his making, and that JO was not prepared to pay him 50s on 02/02/1403. WS puts himself upon the country, and JO puts himself likewise. The releases are put into the safe keeping of William P. Order to the sheriff of Westminster etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/580, rot. 393d

Term: Hilary 1406
County: Essex
Writ type: Other
Damages claimed: £40
Case type: Negligence; Real action / rents / damage to real estate

Pleading: The abbot of Stratford Langthorne is in mercy for many defaults. John H. claims that the abbot of Stratford Langthorne, by reason of his tenure in Stratford Langthorne, ought to erect, repair, and improve flood defence banks against the Thames, as himself and all of those before him have done from time immemorial. JH says that the abbot has not repaired these banks for a great time, as a result of which 13 acres of JH's lands and 10 acres of JH's pasture have flooded, to JH's damage of £40.

Pleading: [No further pleading.]

Court of Common Pleas, CP 40/580, rot. 395

Term: Hilary 1406
County: London
Writ type: Account
Damages claimed: £40
Case type: Contract (service/employment); Reckoning of account

Pleading: Robert B. and his wife Jocose B. claims that Richard W. has not rendered to them reasonable account concerning the time when he was receiver of the monies of Jocose as a woman alone. RB and JB say that RW acted as JB's receiver from 10/11/1402 to 20/05/1403, during which time RW received on behalf of JB £50 per the hands of a certain John F. goldsmith. Damages are claimed at £40.

Pleading: RW says that a full accounting was held on 05/11/1403 at Bures St Mary, Suffolk, before auditors Thomas M. and Thomas H., and seeks judgement.

Pleading: RB and JB say that TM and TH were not auditors assigned per JB as a woman alone and seek inquiry upon the country, and RW seeks likewise. Order to the sheriff of Suffolk etc.

Court of Common Pleas, CP 40/580, rot. 396

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Case type: Bond; Imprisonment

Pleading: Richard Baynard and Robert Brendewode claim that John T. owes them £15 per a bond. Damages claimed at £40. Bond shown in court.

Pleading: JT says the force of the bond ought not hold because at the time of its making he was imprisoned by Richard B. Robert B. and others of their coven at London in the parish of St. Mary le Bow, Cheap ward.

Pleading: Richard B. and Robert B. say that JT was a free man at the time of the making of the said bond and seek inquiry upon the country, and JT seeks likewise. Order to the sheriff etc.

Case notes: defence related to CP40/580 rot.396d

Court of Common Pleas, CP 40/580, rot. 396d

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 10s
Costs: 40s
Case type: Bond; Imprisonment

Pleading: William K. and Robert B. claim that John T. owes them £11 13s 4d per a bond. Damages are claimed at £20. Bond shown in court.

Pleading: JT says that the force of the bond ought not hold because he was imprisoned at the time of its making by WK, RB, and others of their coven at London in the parish of St Mary le Bow, Cheap ward.

Pleading: WK and RB say that JT was a free man at the time of the making of the said bond and seek inquiry, and JT seeks likewise. Order to the sheriff etc.

Postea text: postea 1 - Continuance between the parties as far as Trinity term 1406 unless the case is first heard before justice John C. at the assize of St Martin le Grand on 29/05/1406.

Postea text: postea 2 - case is heard before justice John C. and associate justice Hugh L. at the assize of St Martin le Grand on 29/05/1406. A jury comes and says that JT was a free man at the time of the making of the said bond and so WK and RB are to recover the said debt plus 10s damages for the detention and 40s damages concerning their costs. Therefore, WK and RB are to recover 40s [this should read as a total of 50s?]. JT is in mercy.

Case notes: defence related to CP40/580 rot.396

Court of Common Pleas, CP 40/580, rot. 413d

Term: Hilary 1406
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: Richard S. claims that he hired John S. on 01/08/1405 to work for him as a brewer for one full year, paying to JS for this year a salary of 20s. But, on 21/12/1405, JS left his service without reasonable cause. Damages are claimed at £10.

Pleading: JS says that he was not retained by RS for the time aforesaid and puts himself upon the country, and RS puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/580, rot. 443d

Term: Hilary 1406
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Alice B. and her son Robert Boturwyke claim that John A. owes hem £10 per a bond. Damages are claimed at £20. Bond shown in court. Noted that the bond does not say where it was made but AB and Robert Boturwyke say it was made at London etc.

Pleading: JA asks that the bond and its endorsements be read out in the court. It says that if a certain Alice M., lately the wife of Robert M., and her assigns should well and faithfully pay an annual farm of 16m for two tenements in Tothill Street and Ebury, next to Westminster, with appurtenances; which same tenements AM held at farm by way of the demise of AB and Robert Boturwyke; for a term of nine years according to the indenture made between the late RM and AB with Robert Boturwyke then the said bond would be null and void. JA says that the action against him ought not continue because AM well and faithfully paid this farm.

Pleading: AB and Robert Boturwyke offer to his court one part of the aforesaid indenture, and it shows that the late RM was to pay the said 16m annual farm to AB and Robert Boturwyke at the annunciation of St Mary (25 March) and Michaelmas (29 September) in equal portions. They say that the 8m payment of the annunciation of St Mary 1405 (25/03/1405) was not made.

Pleading: JA says that the aforesaid 8m payment of the annunciation of St Mary 1405 was made by AM at Westminster and puts himself upon the country, and the plaintiffs put themselves likewise. Order to the sheriff of Middlesex etc.

Postea text: postea 1 - continuance between the parties so that a jury might be placed, as far as Easter term 1406.

Postea text: postea 2 - a jury comes and says upon oath that AM did make the 8m payment of the annunciation of St Mary 1405 at Westminster, and so AB and Robert Boturwyke are to have nothing per their writ. JA is without day. AB and Robert Boturwyke are in mercy for false claim.

Court of Common Pleas, CP 40/580, rot. 500

Term: Hilary 1406
County: London
Writ type: Debt (other)
Damages claimed: £20
Damages awarded: 40s
Case type: Contract (general)

Pleading: Robert H. claims that on 30/03/1384 William C., lately esquire to the late master John Mandour who was treasurer of St Paul's Cathedral, agreed with him that he would seek at the Papal Court in Rome a papal bull making and creating lord John H. a canon of Lesnes Abbey (Kent), brother of RH, in the chapel to the honour of the pope, and the spiritual grace called 'anteferei' ( a reversal of a threat of excommunication ‘ferendae sententiae'), so that, the aforesaid JH is able to have the benefit of the church with or without the cure of souls (cum cura vel sine cura) to the value of 40m or more and to hold his aforesaid office (ordine) notwithstanding. And, that the same JH ought to have the same living and vestment as the other canons in the house of Lesnes, as well as the same position in the choir, chapel, dormitory, rectory, and wherever else in the said monastery; just as JH had prior to his being 'impeached under pain of excommunication' (sub pena excommunicationis majoris sentencie). And thereafter, that the same JH should be able to have all of his trappings beyond the said monastery which he pleased and pertaining to the said monastery were withdrawn (cum ipsum a dicto monasterio recedere contigerit). RH says that he agreed with WC, per an indenture given at London on 30/03/1384, to pay WC 20m for this service. RH says that he then gave WC 5m under the condition that should WC obtain the said bull then RH would pay him the other 15m. Also, that if WC should be unsuccessful, that WC would repay the said 5m to RH his heirs or executors in the feast of Michaelmas then next following (29/09/1384). Damages are claimed at £20. Indenture presented to the court.

Pleading: WC comes and says that the case against him ought not continue because RH issued him a release at Crayke, Yorkshire, on 12/01/1391.

Pleading: RH says that the release is not of his making and seeks inquiry upon the country, and WC seeks likewise. Order to the sheriff of Yorkshire etc. Pledges are named for the defendant. The release is put into the safe keeping of clerk William P.

Postea text: postea 1 - the sheriff of Yorkshire returns that the writ reached him too late and so the case is forwarded as far as Trinity term 1406.

Postea text: 3 posteas - all say that the sheriff of Yorkshire did not send the writ, forwarding the case as far as Easter term 1407.

Postea text: postea 5 - WC does not come and so is in default. RH is to recover the said debt and 40s damages. WC is in mercy.

Court of Common Pleas, CP 40/580, rot. 514

Term: Hilary 1406
County: Yorkshire
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Sheriff of Beverley (Yorkshire) Robert M. claims that John S. and John H., executors of the will of Simon N., owe him £50 as the unpaid residue of a 200m bond. Damages are claimed at £100. Bond shown in court. Noted that the bond does not say where it was made, but sheriff RM says that it was made at Welwick, Yorkshire.

Pleading: JS and JH seek licence to imparl as far a Easter term 1406.

Postea text: 5 posteas - all say that day is given between the parties in the same form, forwarding the case as far as Hilary term 1408.