CP40/656: Hilary term 1425

Court of Common Pleas, CP 40/656, rot. 102d

Term: Hilary 1425
County: London
Writ type: Detinue
Damages claimed: 100m
Case type: Detention of goods; Safe keeping

Pleading: Robert Passemer states that on [day omitted] 7 Henry V he delivered to Alan Moton certain chattels worth 40m, namely bed clothes of various colours, 8 curtains, 11 brazen jars, 4 pewter (electrea) chargers, 4 dozen pewter dishes called 'platters', 4 dozen pewter dishes called 'pottingers', 3 dozen pewter vessels called 'sausers', two brazen patellas, one brazen cooking pot ('cacabus'), and two iron spits, one round and one flat. These were to be returned on request, but AM has refused, to his damage of 100m.

Pleading: AM states that he has not detained these goods or any part of them as claimed. Ordered that he wager his law at quindene of Easter. Attorney named as pledge for law [second pledge omitted].

Court of Common Pleas, CP 40/656, rot. 105

Term: Hilary 1425
County: Yorkshire
Writ type: Account
Damages claimed: £100
Case type: Arbitration; Contract (service/employment); Reckoning of account

Pleading: Thomas Melton and John Crosse state that John Everard was receiver of their money from 8 October 1420 to Michaelmas 1421, and in that time received for them, by their own hands, £80 at Kingston upon Hull, and from Walter Hogeson £20, for which he was to render reasonable account. However he has failed to do this, to their damage of £100.

Pleading: JE states that he does not owe this account, since after the period for which he was supposed to have been receiver, namely on 7 June 1423, he and the plaintiffs placed themselves in the arbitration of John Gage and John Everard of St James, Clerkenwell, concerning this and all other disputes between them, and they decided that he should pay the plaintiffs 20d in full satisfaction of all matters outstanding, which he duly paid.

Pleading: TM and JC state that they never placed themselves in arbitration as claimed by JE. Both parties seek enquiry by the country. Sheriff of Middlesex to have jury of St John Street here at quindene of Easter. Pledges named for defendant.

Postea text: Sheriff did not send writ, sicut prius, to octave of Trinity.

Court of Common Pleas, CP 40/656, rot. 106d

Term: Hilary 1425
County: London
Writ type: Other
Damages claimed: £10
Case type: Contract (service/employment)

Pleading: Henry Feryby states that on 24 December 1423, he hired Robert Wyke to build him a new horse-mill in the parish of St Giles without Cripplegate. This was to be built between Christmas Eve 1423 and the feast of the Purification 1424, but RW did not do this, to his damage of £10.

Pleading: RW granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/656, rot. 108d

Term: Hilary 1425
County: London
Writ type: Debt (loan)
Damages claimed: £200
Damages awarded: £20
Case type: Loan

Pleading: John Coventre, John Carpenter and William Grove, executors of Richard Whityngton, state that on 20 October 1415, Eleanor Busshe, while a single woman, borrowed 600m from Richard Whityngton, but neither she nor her husband, Ralph Busshe, have paid this to RW or his executors, to their damage of £200. They show in court the will of RW, by which they have executry and administration.

Pleading: RB and EB admit this claim, and that they owe this 600m in the form claimed. Order that the executors recover the debt, and damages of £20, assessed by the court with the assent of the executors. RB and EB not amerced, as they came on the first day. Executors remit the damages in court.

Court of Common Pleas, CP 40/656, rot. 112

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Herberd states that on 27 November 1419 John Stanley made bond with him in 5m 8d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JS states that according to an ordinance made in the Parliament held at Westminster in 6 Richard II, writs of debt and other accounts must be directed to the sheriff of the county where the contract was made. He states that the bond concerned was made in the town of Westminster in Middlesex, and not in London as claimed by JH.

Pleading: JH denies this, saying that the bond was made in London as claimed. Both parties seek enquiry on the country. Sheriff to have jury of St Benet, Paul's Wharf, Castle Baynard ward, here at quindene of Easter.

Postea text: Sheriff did not send writ, sicut prius to Easter five weeks.

Court of Common Pleas, CP 40/656, rot. 115d

Term: Hilary 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John Glyn states that on 26 May 1415 John Wydell bought from him woollen cloth of various colours for 40s, payable at Michaelmas next, but has not paid, to his damage of 100s.

Pleading: JW granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/656, rot. 116d

Term: Hilary 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John Botiller states that on 20 February 1421, Katherine, widow of John Colpeper, bought from him 5¾ yards of white woollen cloth for 46s 8d, but has not paid, to his damage of 100s.

Pleading: KC states that she does not owe this or any money as claimed by JB. Both parties place themselves upon the country. Sheriff to have jury here at quindene of Easter.

Postea text: 2 posteas, sheriff did not send writ, to Michaelmas one month 1425.

Court of Common Pleas, CP 40/656, rot. 128

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard, Abbot of Crowland, states that on 24 May 1424, John Northwell made bond with him in 40m, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: [No further pleading recorded.]

Court of Common Pleas, CP 40/656, rot. 130d

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Arbitration; Bond

Pleading: Reginald White and John Hill state that on 8 March 1422, Robert Thomas made bond with them in £10, but has not paid, to their damage of £20. They show the bond in court.

Pleading: RT claims that he should not owe this debt, since he states that there were previously various dispute between himself and a certain John Rouland, on account of which they both placed themselves under the arbitration of RW and JH, on behalf of JR, and John Stodeley and John Bate, on behalf of RT. And as security for his acceptance of this arbitration he entered this bond with RW and JH, which would be cancelled when he fully implemented their judgment. And he states that he is a man of little learning, and that this bond was read to him with these conditions, and he sealed it believing that it contained this condition. Therefore he states that this bond, not containing this condition, is not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter.

Court of Common Pleas, CP 40/656, rot. 133

Term: Hilary 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John Hynton states that on 23 September 1424 William Southecote bought from him a Parisian tablecloth for 116s 8d, payable the following day, and also woollen and linen cloth, and a glass bottle ('utrem vitrium') for 5s 8d, payable at Michaelmas, but he has not paid, to his damage of £20.

Pleading: WS acknowledges that he bought the glass bottle from JH for 2s 4d, and states that he has always been willing to pay this, and offers to pay in court. But regarding the other £6, he states that he does not owe this or any money as claimed by JH. And he immediately wagers his law. Therefore ordered that JH recover the 2s 4d, but concerning the rest he takes nothing for his writ, and is amerced for false claim. WS sent without day. JH receives the 2s 4d from WS, so WS quit.

Court of Common Pleas, CP 40/656, rot. 145

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond; Imprisonment

Pleading: John Wyot and Nicholas Bromflet state that on 22 February 1420 Richard Warener made bond with them in 40s, which they show in court, but has not paid, to their damage of 40s.

Pleading: RW states that he should not be bound to this debt, as at this time he was imprisoned by JW and NB and their associates in Southwark in Surrey, and detained there until he made this bond under duress.

Pleading: JW and NB deny this, stating that at the time of the bond RW was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Surrey to have jury here at the octave of the Purification. Pledges named.

Court of Common Pleas, CP 40/656, rot. 145d

Term: Hilary 1425
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: John Samon summoned to answer John Hedersete on plea of debt of 40s. Day given to both at quindene of Easter next.

Court of Common Pleas, CP 40/656, rot. 180d

Term: Hilary 1425
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Arbitration; Contract (service/employment)

Pleading: John Howe states that on 10 October 1415 Robert Yakesle retained him to serve him as a mercer from that date for five years, at a salary of 5m per year. He has performed this service, but RY has not paid him for this, and is in arrears by 25m, to his damage of £20.

Pleading: RY states that he does not owe this debt, since he says that on 20 April 1422, he and JH placed themselves in the arbitration of John Yakesle and Thomas Spytell, arbiters, on this matter and all others outstanding between them, and the arbiters stated that RY should pay JH 8d in consideration of this debt and all other matters. This 8d was paid accordingly.

Pleading: JH states that his case should proceed, as he never had any such arbitration. Both parties seek enquiry on the country. Sheriff of Suffolk to have jury of Yaxley here at quindene of Easter.

Court of Common Pleas, CP 40/656, rot. 180d

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 10s
Case type: Bond

Pleading: Hamo Sutton states that on 3 February 1421 William Hert made bond with him in £8, which he shows in court, but has not paid, to his damage of 100s.

Pleading: WH granted licence to imparl to Easter three weeks.

Postea text: 3 further licences to imparl, to octave of Hilary 1426.

Postea text: HS came, WH did not come. Ordered that HS recover debt, and damages of 10s. WH amerced.

Court of Common Pleas, CP 40/656, rot. 203d

Term: Hilary 1425
County: Somerset
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Hildebrand Ellewell states that on 29 October 1414 Thomas Walsyngham bought from him 12lb of pepper for 20s, 2lb of saffron for 28s, and 26 ells of linen cloth called 'Brabant cloth' for 21s 10, but he has not paid this total of 69s 10, to his damage of £10.

Pleading: TW states that he does not owe this or any money to HE as claimed. Both parties place themselves on the country. Sheriff to have jury here at Easter three weeks.

Postea text: [Mesne process follows afterwards recording the appearance of HE to prosecute three other suits against four other Somerset men on pleas of debt.]

Court of Common Pleas, CP 40/656, rot. 305

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William Markeby amerced for many defaults. John Leycestre states that on 10 April 1424, WM made bond with him in £40, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: WM states that he should not owe this debt, as the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Bond to remain in the custody of Robert Darcy, chief clerk of the king, for safe-keeping.

Postea text: Bond delivered to William Babyngton, Chief Justice of the Bench, Darcy quit.

Postea text: Bond returned to Darcy, Babyngton quit.

Postea text: Bond delivered to WM, Darcy quit.

Court of Common Pleas, CP 40/656, rot. 321d

Term: Hilary 1425
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Safe keeping

Pleading: Nicholas Orteys states that on 1 May 1424 he delivered to John Roland for safe-keeping two bonds, the first in which he, as NO, citizen and jeweller of London, was bound to a certain Hildebrand Elwell in £100, and the other whereby HE was bound to him in £100. However, JR refuses to return them, to his damage of £200.

Pleading: JR offers the bonds in court, to be delivered to whoever the court decides, and states that these bonds were delivered to him on that day by both NO and HE jointly, under certain conditions, to be returned to either of them under those conditions. However, JR states that he does not know whether these conditions have been fulfilled by HE, and asks that HE be forewarned, which is granted. Sheriff to inform HE to be here at quindene of Easter, to show any reason why the bonds should not be delivered to JR.

Court of Common Pleas, CP 40/656, rot. 372

Term: Hilary 1425
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Taking of goods

Pleading: Everard Flete states that on 1 July 1424 at Reed, Thomas Chalers took 7 cows and one bullock and detained them against his pledge, to his damage of £20.

Pleading: TC granted licence to imparl to quindene of Easter with assent of EF.

Postea text: Further licence to imparl, to octave of Trinity 1425.

Court of Common Pleas, CP 40/656, rot. 372d

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods

Pleading: Thomas Sackevyle states that on 5 February 1420 Thomas Toppesfeld made two bonds with him, each in 100s. TT has paid 40s towards the first bond, but has not paid the remaining £8, to his damage of £20. He shows the bonds in court.

Pleading: TT states that the case should not continue, since TS, in a document which TT shows in court, dated at Ely on 12 October 1424, acknowledged that he had received from TT £4 from Thomas Crowther, for oaks, ashes and other trees formerly growing in their close of Hinton in Haddenham, the profits from which were to go solely to TS in settlement of the two bonds.

Pleading: TS states that his case should proceed, as this document was not of his making. Both parties seek enquiry on the country. TS states that the town of Ely is within the Isle of Ely, a liberty of the bishop and church of Ely, and that juries may not be summoned from there, and the king's officers may not enter. Therefore TS asks that a jury be summoned from the town of Soham, which is near the Isle of Ely and between there and London, and TT does not disagree. Therefore sheriff to have jury of Soham here at quindene of Easter.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1425.

Court of Common Pleas, CP 40/656, rot. 378

Term: Hilary 1425
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £30
Case type: Housebreaking; Taking of goods

Pleading: Richard Shirfeld states that on 6 May 1422, and on various occasions between then and 19 December 1423, John Snypston, his wife Anna, and John Ricard forcibly broke his close and houses at Penshurst and Chiddingstone and cut down trees, namely 20 oaks and 10 carts of underwood, cut his grass and carried off 40 carts of hay, as well as the trees and wood, all to a value of £30. This was against the peace, and to his damage of £30.

Pleading: JS, AS and JR deny force and arms, and both parties place themselves on the country. And concerning the rest, they say that on that 6 May and from then until 1 June 1422, these places were the soil and free tenement of JS and AS, and also John Perveys, William Prodhomme, Robert Watton and Robert Clerk, and JS, AS and JR, their servant and on their orders, entered the properties and took 10 oaks and 8 carts of underwood, cut the grass and took 4 carts of hay. Similarly, from 1 June until the aforesaid 19 December 1423, the property was the soil and free tenement of John Stafford, William Babyngton, John Preston, John Radclyf, William Portour, Richard Whityngton, Nicholas Carrewe, Geoffrey Lowder, William Massy, John Tyrell, Walter Sheryngton, John Salveyn, Thomas Bradshawe, William Derell, William Fyndern, William Halle, William Ryman, Thomas Hewster, Robert Molyngton, John Manchestre and John Bore, and the defendants say that they were then servants of these, and on their orders entered the property and took 10 oaks and 2 carts of underwood, cut the grass and took 36 carts of hay. They say they did not intend any injury.

Pleading: RS, not acknowledging anything said by the defendants, states that his case should not be prevented, as long before the defendants, JP, WP, RW and RC had anything in this property, a certain Ralph Cobham, William West, and William Jurdan were seised in their demesne as of fee of the manor of Pilbeams ('Peltebemes'), of which this property is a parcel, and granted it to John Harold junior and his wife, Elizabeth, to them and the heirs of their bodies, by which they were seised in fee tail. JH died, and Elizabeth then married RS (the plaintiff), and they, at Twyneham in Sussex, demised the manor to Reginald Cobham, who then granted it to John Snypston, AS, JP, WP, RW and RC, who then entered, and John Stafford, etc. were enfeoffed of this manor, by virtue of which they entered, and the defendants committed the trespass. RS and Elizabeth then re-entered the manor, and RS brought his action.

Pleading: JS, AS and JR, not acknowledging anything alleged by RS, state that after the death of John Harold, Elizabeth held the manor, and while single granted the manor to Reginald Cobham, who then granted it to JS, AS, JP, WP, RW and RC, who were then seised from 6 May to 1 June above, on which day they granted it to John Stafford, etc, who held it from 1 June to 19 December as stated.

Pleading: RS, not acknowledging anything said by the defendants, said that Ralph Cobham, WW and WJ granted the manor to JH, Elizabeth and their heirs, and after JH's death Elizabeth married RS, and not that Elizabeth granted the manor to Reginald Cobham as claimed by the defendants

Pleading: JS, AS and JR repeat that Elizabeth, when single, granted the manor to Reginald Cobham. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Pledges named for John Ricard, including co-defendant JS.

Court of Common Pleas, CP 40/656, rot. 380d

Term: Hilary 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £300
Case type: Taking of goods

Pleading: Richard, Abbot of Westminster, and William Surreys, monk of Westminster, amerced for many defaults. Henry Brounflete states that on 25 June 1424, the defendants forcibly took goods and chattels from him, namely 12 silver dishes ('discos'), 12 silver serving dishes ('parapsides'), 4 silver and gilt Parisian bowls ('crater'), 2 silver and gilt bowls ('pelves'), and a silver and gilt salt-cellar with silver and gilt cover, all worth 200m, against the peace and to his damage of £300.

Pleading: Defendants granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/656, rot. 460

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Skeren states that on 10 November 1421, Hugh Dalby made bond with him in £20, which he shows in court, payable within the month of Easter next, but he has not paid, to his damage of £10.

Pleading: HD granted licence to imparl to Easter three weeks. Pledges named for defendant.

Postea text: Further licence to imparl, to quindene of Trinity 1425.

Court of Common Pleas, CP 40/656, rot. 460d

Term: Hilary 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Reginald Strete states that on 26 October 1423 Thomas Broun made bond with him in £36, which he shows in court, but he has not paid, to his damage of £20.

Pleading: TB granted licence to imparl to Easter 3 weeks.

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

Court of Common Pleas, CP 40/656, rot. 460d

Term: Hilary 1425
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Mitchell states that on 5 February 1418 Thomas Frank made bond with him in £15 2s 4d, which he shows in court, but he has not paid, to his damage of £10.

Pleading: TF granted licence to imparl, to quindene of Easter. Pledges named.

Postea text: Further licence to imparl, to octave of Trinity.

Court of Common Pleas, CP 40/656, rot. 465

Term: Hilary 1425
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: John Cook states that on 16 June 1423 Robert Alfwe accounted with him for various sums of money which he had received for him, upon which account it was found that RA was in arrears by 10m. However, RA has refused to pay, to his damage of £10.

Pleading: RA states that he does not owe JC this or any money as claimed. Ordered to wager his law at Easter 3 weeks. Pledges named.

Postea text: RA made essoin, given day at morrow of Ascension next. On which day RA came, JC did not prosecute his writ. JC and pledges amerced. RA sent without day, pledges quit.