Court of Common Pleas: the National Archives, Cp40 1399-1500. Originally published by Centre for Metropolitan History, London, 2010.
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Jonathan Mackman, Matthew Stevens, 'CP40/672: Hilary term 1429', in Court of Common Pleas: the National Archives, Cp40 1399-1500( London, 2010), British History Online https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/hilary-term-1429 [accessed 31 October 2024].
Jonathan Mackman, Matthew Stevens, 'CP40/672: Hilary term 1429', in Court of Common Pleas: the National Archives, Cp40 1399-1500( London, 2010), British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/hilary-term-1429.
Jonathan Mackman, Matthew Stevens. "CP40/672: Hilary term 1429". Court of Common Pleas: the National Archives, Cp40 1399-1500. (London, 2010), , British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/hilary-term-1429.
In this section
- Court of Common Pleas, CP 40/672, rot. 090d
- Court of Common Pleas, CP 40/672, rot. 101
- Court of Common Pleas, CP 40/672, rot. 114d
- Court of Common Pleas, CP 40/672, rot. 116
- Court of Common Pleas, CP 40/672, rot. 118
- Court of Common Pleas, CP 40/672, rot. 130
- Court of Common Pleas, CP 40/672, rot. 134d
- Court of Common Pleas, CP 40/672, rot. 136d
- Court of Common Pleas, CP 40/672, rot. 137
- Court of Common Pleas, CP 40/672, rot. 138d
- Court of Common Pleas, CP 40/672, rot. 206d
- Court of Common Pleas, CP 40/672, rot. 243d
- Court of Common Pleas, CP 40/672, rot. 247d
- Court of Common Pleas, CP 40/672, rot. 259d
- Court of Common Pleas, CP 40/672, rot. 285
- Court of Common Pleas, CP 40/672, rot. 285d
- Court of Common Pleas, CP 40/672, rot. 285d
- Court of Common Pleas, CP 40/672, rot. 285d
- Court of Common Pleas, CP 40/672, rot. 302
- Court of Common Pleas, CP 40/672, rot. 303
- Court of Common Pleas, CP 40/672, rot. 308
- Court of Common Pleas, CP 40/672, rot. 316
- Court of Common Pleas, CP 40/672, rot. 318d
- Court of Common Pleas, CP 40/672, rot. 319d
- Court of Common Pleas, CP 40/672, rot. 319d
- Court of Common Pleas, CP 40/672, rot. 336
- Court of Common Pleas, CP 40/672, rot. 430d
- Court of Common Pleas, CP 40/672, rot. 431
- Court of Common Pleas, CP 40/672, rot. 438d
- Court of Common Pleas, CP 40/672, rot. 442
- Court of Common Pleas, CP 40/672, rot. 442d
- Court of Common Pleas, CP 40/672, rot. 442d
- Court of Common Pleas, CP 40/672, rot. 442d
- Court of Common Pleas, CP 40/672, rot. 451
- Court of Common Pleas, CP 40/672, rot. 451
- Court of Common Pleas, CP 40/672, rot. 451
- Court of Common Pleas, CP 40/672, rot. 451d
- Court of Common Pleas, CP 40/672, rot. 452
- Court of Common Pleas, CP 40/672, rot. 452
- Court of Common Pleas, CP 40/672, rot. 458
- Court of Common Pleas, CP 40/672, rot. 458
Court of Common Pleas, CP 40/672, rot. 090d
Term: Hilary 1429
County: Surrey
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment
Pleading: William H. claims that Adam V. owes him 4m 5s per a bond. Damages are claimed at 10, Bond shown in court. And upon this WH says that the bond was made at Southwark, Surrey.
Pleading: AV says that the force of the bond ought not hold because at the time of its making he was imprisoned by WH and his associates at Bodmin, Cornwall.
Pleading: WH says that AV was a free man at the time of the bond's making and seeks inquiry upon the country, and AV seeks likewise. Order to the sheriff of Cornwall to make a jury come in Easter term 1429.
Type | Place | Date |
---|---|---|
Imprisonment | Bodmin < Cornwall < England | (initial) 19/09/1427 |
Bond | Southwark < Surrey < England |
(initial) 19/09/1427 (due) 25/12/1427 < Christmas |
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
Adam Vivean (m) | Gentleman | London < England | Defendant | |
William Howe (m) | Skinner | Southwark < Surrey < England | Plaintiff |
Court of Common Pleas, CP 40/672, rot. 101
Term: Hilary 1429
County: London
Writ type: Debt (loan)
Damages claimed: 10m
Case type: Loan
Pleading: Walter M. claims that Thomas V. owes him 5m on a loan. Damages are claimed at 10m.
Pleading: TV says that he does not owe WM the aforesaid 5m nor any other monies and offered his law, to be made in Easter term 1429. Pledges of law are named.
Type | Place | Date |
---|---|---|
Loan | St Katherine Coleman < Aldgate Ward < London < England |
(initial) 01/11/1426 (due) 20/04/1427 < Easter |
Court of Common Pleas, CP 40/672, rot. 114d
Term: Hilary 1429
County: London
Writ type: Debt (other)
Damages claimed: 100m
Case type: Real action / rents / damage to real estate
Pleading: Ralph Keriel and his wife Joan, formerly the wife of Geoffrey Jolynton, state that John Arundell of Trerice owes them £60 by way of an indenture, made between JA and the late GJ. They state that on 18 November 1414, in St Paul's cathedral in London [ward omitted], the late Geoffrey Jolynton, together with his then-wife Joan [the plaintiff], demised at farm to JA, as JA, son of Nicholas Arundell, and one Robert Treage, all his messuages, lands, tenements, rents and services in 'Crakentalan' (Tregontallen, Constantine parish?), 'Trevyan', 'Bollaithow', 'Lanestek', Thurlibeer, 'Lanest', 'Cranow', Efford and Stratton in Cornwall, which GJ and Joan had recovered from John Arundell and his wife Joan by a writ of dower in the court of the late lord king Henry V, of which writ GJ and Joan, by virtue of that recovery, had execution, and also all messuages, etc in those vills which GJ and Joan had of the grant and demise of John A and his wife Joan by a certain indenture made between them. JA and RT were to have and hold these lands for the life of Joan, at an annual rent of £20 payable to GJ and Joan and their assigns at the feasts of Christmas, SS Philip and James, the Nativity of St John the Baptist and Michaelmas equally, in St Paul's cathedral. For the payment of this, JA further obliged himself and his heirs to GJ and Joan in the following terms, namely that if the rent should be in arrears for 15 days or more after any of the said terms, then GJ and Joan may distrain goods from any part of these lands, take them anywhere within Cornwall, and keep the until the arrears is cleared. JA and RT also conceded that they will pay GJ and Joan 100s each time any quarterly payment should be fully or partially in arrears for a quarter of a year. By virtue of this demise, JA and RT were and still are seised of this property in their demesne as of free tenement. GJ later died, and Joan married Ralph Keriel. However, from 1 January 1425, when GJ died, until the date of RK and Joan's original writ, 3 June 1428, JA has not paid the said £20 annual rent, and also the penalty of 100s, which for the period of the arrears in question amounts to £60. However, JA has not paid this sum, despite requests, to their damage of 100m. They show in court the part of the indenture sealed by JA.
Pleading: JA granted licence to imparl to quindene of Easter.
Case notes: Unidentified Cornish place names.
Court of Common Pleas, CP 40/672, rot. 116
Term: Hilary 1429
County: Somerset
Writ type: Trespass (force and arms)
Damages claimed: £300
Damages awarded: £200 5m
Costs: 100s
Case type: Arbitration; Taking of goods
Pleading: Margery J. claims that on 03/05/1428 Robert A. and William L. used force and arms to break into her forcer at Norton St Philip, Somerset, from which forcer they seized and carried off £200 in cash money. Damages are claimed at £300.
Pleading: WL says that he is completely innocent and puts himself upon the country, and MJ puts herself likewise. Order to the sheriff of Somerset to make a jury come in Easter term 1429. RA says, concerning the use of force and arms, that he is innocent and puts himself upon the country, and MJ puts herself likewise. Concerning the remainder of the supposed trespass RA says that MJ ought not continue her action against him because after the day of the supposed trespass, namely at London in the parish of St Mary Aldermanbury in Cordwainer Ward, the aforesaid defendant WL and MJ submitted to arbitration before arbiters John B. on the part of MJ, and William M. on the part of WL, as much concerning the aforesaid trespass as concerning all debts and quarrels between them etc. provided always that the arbitration was to be made prior to the feast of the Translation of St Thomas the martyr (7 July) then next following. And, in the case that the said arbiters could not reach a decision by the aforesaid feast day, MJ and WL agreed then to submit to the arbitration of a certain Robert F. in the parish and ward aforesaid. RA says that the aforesaid arbiters JB and WM met on 02/02/1428 at London in the parish and ward aforesaid, where they decided that MJ ought to pay to WL 40m in amends for all trespasses between them, including the aforesaid trespass. RA says that he is prepared to verify all of this and seeks judgement.
Pleading: MJ says that she never had any such arbitration with RA, nor did she ever submit to the arbitration and ordination of the arbiters aforesaid etc. MJ seeks inquiry upon the country, and RA seeks likewise. Order to the sheriff of London to make a jury come in Easter term 1429.
Postea text: postea 1 - continuance between the parties; as much between MJ and RA concerning a jury of London, as between MJ and WL concerning a jury of Somerset; as far as Trinity term 1429; unless the case between NJ and RA is heard before chief justice William B. at the assize of St Martin le Grand on 07/05/1429, and the case between MJ and WL is heard before chief baron of the exchequer at the assize of Norton St Philip on 28/05/1429.
Postea text: postea 2 - To this day (trinity term 1429) comes MJ and chief justice WB, who insert a record of the assize at St Martin le Grand where the case between MJ and RA was heard before chief justice WB and associate justice John D. It was decided at this assize, by jury, that MJ never submitted to arbitration concerning the aforesaid trespass, and award MJ damages of £200 5m plus costs of 100s, damages and costs together equalling £208 6s 8d. Also to this day (Trinity term 1429) comes chief justice of the exchequer JJ who inserts a record of the assize at Norton St Philip where the case between MJ and WL was heard before chief baron of the Exchequer JJ and associate justice Richard C. MJ came to this assize by attorney John G., but defendant WL did not come, and so a jury was taken against WL per default. At this assize a jury found WL to be guilty as charged, awarding MJ damages of £240. Therefore the (collective) decision of the court is that MJ should recover versus RA and WL the £208 6s 8d costs and damages assessed by the jury of assize at St Martin le Grand, but nothing of the further £240 damages afterwards awarded her by the assize of Norton St Philip. As per the law of the land the decision of the first jury stands, and not that of a jury taken thereafter. RA and WL are to be arrested,
Type | Place | Date |
---|---|---|
Taking of Goods | Norton St Philip < Somerset < England | (initial) 03/05/1428 |
Arbitration | St Mary Aldermanbury < Cordwainer Street Ward < London < England | (initial) 02/07/1428 |
Court of Common Pleas, CP 40/672, rot. 118
Term: Hilary 1429
County: London
Writ type: Debt (account); Debt (bond)
Damages claimed: £24
Case type: Bond; Imprisonment; Reckoning of account
Pleading: Everard F. claims that Thomas H. owes him £24. EF says that on 15/02/1421 TH obliged himself to EF in £5 3s 4d which was to be paid to EF at the Stourbridge Fair (Cambridgeshire) then next following, but has not been paid. Also, EF says that on 09/04/1426, at London, a reckoning of the account between himself and TH, concerning the time TH acted as his receiver of monies, was held before auditors Henry M. and John D; which same accounting found TH to owe EF £50. EF acknowledges himself to have been satisfied concerning £31 3s 4d of this latter £50 debt, leaving an unpaid balance of £18 16s 8d. EF says that the unpaid £5 3s 4d bond together with the unpaid £18 16s 8d residue of the debt determined by accounting total to the £24 which he seeks from TH by this present suit. Damages are claimed at £24. The aforesaid bond is presented to the court. And upon this EF says that the bond was made at London etc.
Pleading: TH says, concerning the supposed £18 16s 8d debt as determined by accounting, that he ever had any such accounting concerning the time and monies aforesaid before the above named auditors and puts himself upon the country, and EF puts himself likewise. Order to the sheriff of London to make a jury come in Easter term 1429. Concerning the supposed £5 3s 4d debt by bond, TH says that the force of this bond ought not hold because at the time of its making he was imprisoned by EF and others of EF's coven at Hadleigh, Suffolk.
Pleading: EF says that TH was a free man at the time of the bond's making and seeks inquiry upon the country, and TH seeks likewise. Order to the sheriff of Suffolk to make a jury come in Easter term 1429. Pledges are named for the defendant.
Court of Common Pleas, CP 40/672, rot. 130
Term: Hilary 1429
County: London
Writ type: Account
Damages claimed: 100s
Case type: Contract (service/employment)
Pleading: Richard C. claims that Lionel C. acted as his receiver of monies from 24/03/1426 until 04/04/1426, during which time LC received on his behalf 5m per the hands of a certain John M. at London. However, LC has refused to render reasonable account concerning this time. RC claims damages of 100s.
Pleading: LC says that he never acted as RC's receiver of monies in the manner aforesaid and puts himself upon the country, and RC puts himself likewise. Order to the sheriff of London to make a jury come in Easter term 1429.
Type | Place | Date |
---|---|---|
Service/employment Contract | St Dunstan in the West < Farringdon Ward Without < London < England |
(initial) 24/03/1426 (due) 04/04/1426 |
Court of Common Pleas, CP 40/672, rot. 134d
Term: Hilary 1429
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking
Pleading: John S. claims that William R., on 20/01/1427, used force and arms to break his close at Hatfield Peveral, Essex, and take his goods and chattels to the value of £40. The goods taken were namely: linen and woollen cloth; copper and brass vessels (vasa enea et ere); and other household utensils. Damages are claimed at £40.
Pleading: WR defends and seeks licence to imparl as far as Easter term 1429, with the assent of JS.
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
John Stodhagh (m) | Plaintiff | |||
William Kirkeby (m) | Attorney of defendant | |||
William Roys (m) | Gentleman | London < England | Defendant |
Court of Common Pleas, CP 40/672, rot. 136d
Term: Hilary 1429
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account
Pleading: John B. claims that Robert N. owes him 40s as determined by a reckoning of the account between them before auditors William G. and John B. Damages are claimed at 100s.
Pleading: RN defends and seeks licence to imparl as far as Easter term 1429, with the assent of JB. Pledges are named for the defendant.
Postea text: postea 1 - RN seeks further licence to imparl, with the assent of JB, as far as Trinity term 1429.
Type | Place | Date |
---|---|---|
Accounting | St Audoen < Farringdon Ward Within < London < England | (initial) 01/08/1417 |
Court of Common Pleas, CP 40/672, rot. 137
Term: Hilary 1429
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking
Pleading: Gerard B. claims that on 26/08/1428 Gerard B., together with Gilbert H., John B., and John P. used force and arms to break into his park at Danbury, Essex, where they hunted six deer (damas) and three fawns which they seized and carried off. Damages are claimed at £20.
Pleading: TD defends and seeks licence to imparl as far as Easter term 1429, with the assent of GB. Pledges are named for the defendant.
Court of Common Pleas, CP 40/672, rot. 138d
Term: Hilary 1429
County: Buckinghamshire
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond
Pleading: John T. claims that abbess AG owes him £30 16s on a bond made between himself and the late former abbess Elizabeth W. Damages are claimed at 40m. Bond shown in court.
Pleading: Abbess AG says that the force of the bond ought not hold because the (plaintiff) JT, long before the time of the bond's making was bailiff of the said late abbess EW, having care and administration of the goods and chattels of the late abbess EW in the said abbey. The same JT at the time of the making of the aforesaid bond came to the late abbess EW and offered her the aforesaid bond to seal, asserting that the same abbess ought to profit of £100 and the security/gain (percepcoe') of her same house by way that bond. Abbess AG says that the same late abbess was a woman of religion knew how to read Latin letters, but that the sense and exposition of which she little understood. And so, the aforesaid JT explained to her the meaning of the bond in English, saying that the late abbess ought to gain £100. Abbess AG says that it was under this false understanding that the late abbess EW sealed the aforesaid bond, and that (by its actual meaning) it was therefore not of her making. Concerning this, abbess AG puts herself upon the country, and plaintiff JT puts himself likewise. Order to the sheriff of Buckinghamshire to make a jury come in Easter term 1429. The bond is given to clerk Robert D. for safe keeping.
Postea text: 3 posteas - all say that the sheriff of Buckinghamshire did not send the writ, forwarding the case as far as Hilary term 1430.
Postea text: postea 4 - Abbess AG comes by her attorney (William S.) but plaintiff JT does not come. Therefore, abbess AG is without day. JT and his pledges of the prosecution are in mercy. And, it shall be understood that the aforesaid bond ought to be returned, in this court, to the aforesaid JT. Therefore clerk Robert D. is quit of it.
Case notes: See also similar case on CP40/671 rot.417d.
Type | Place | Date |
---|---|---|
Bond | Burnham < Buckinghamshire < England |
(initial) 20/11/1422 (due) 24/06/1423 < St John the Baptist, Nativity of |
Court of Common Pleas, CP 40/672, rot. 206d
Term: Hilary 1429
County: Kent
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account
Pleading: John H. and John K. claim that William O. owes them 60s as determined per a reckoning of the account between them before auditors Simon C. and Richard J. concerning diverse sums of monies or JH and JK received by WO. Damages are claimed at 100s.
Pleading: WO says that he did not have an accounting with JK and JH before the aforesaid auditors and puts himself upon the country, and the plaintiffs, JK and JH, put themselves likewise. Order to the sheriff of Kent to make a jury come in Easter term 1429.
Court of Common Pleas, CP 40/672, rot. 243d
Term: Hilary 1429
County: Surrey
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Safe keeping
Pleading: John W. claims that John B. unjustly detains his goods and chattels to the value of 100s. JW says that, by the hands of his wife Anabel W., on 20/05/1402 he delivered to JB for safe keeping 6 silver spoons, one silver cup called a flat-piece, and mazer with silver gilt binding. JW says that JB now refuses to return these items and claims damages of £10.
Pleading: JB says that he dose not detain the aforesaid items, nor any other items belonging to JW, and offers his law, to be made in Easter term 1429. Pledges of law are named.
Court of Common Pleas, CP 40/672, rot. 247d
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Imprisonment
Pleading: Geoffry S. claims that John S. owes him 20m per a bond. Damages are claimed at 20m. Bond shown in court. And upon this GS says that the bond was made at London etc.
Pleading: JS claims that he ought not be held to the aforesaid bond because at the time of its making he was imprisoned by GS and others of his coven at Ipswich, Suffolk.
Pleading: GS says that JS was a free man at the time of the bond's making and seeks inquiry on the country, and JS seeks likewise. Order to the sheriff of Suffolk to make a jury come in Easter term 1429.
Postea text: postea 1 - the sheriff of Suffolk did not send the writ and so the case is forwarded as far as Trinity term 1429.
Postea text: postea 2 - the sheriff of Suffolk returns that the writ reached him too late, and so the case is forwarded as far as the quindene of St John the Baptist 1429 (late in Trinity term 1429).
Type | Place | Date |
---|---|---|
Imprisonment | Ipswich < Suffolk < England | (initial) 10/02/1427 |
Bond | St Andrew Holborn < Farringdon Ward Within < London < England |
(initial) 10/02/1427 (due) 05/03/1427 |
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
Geoffrey Sutton (m) | Esquire | Plaintiff | ||
John Stodhawe (m) | Gentleman | London < England | Defendant | |
Richard Reed (m) | Attorney of plaintiff |
Court of Common Pleas, CP 40/672, rot. 259d
Term: Hilary 1429
County: London
Writ type: Account
Damages claimed: 200m
Case type: Contract (service/employment); Reckoning of account
Pleading: John S. is in mercy for any defaults. John G. claims that JS has not rendered reasonable accounting concerning the time which JS acted as his receiver of monies. JG says that JS acted as his receiver from 01/11/1410 as far as Christmas 1410 (25/12/1410), during which time JS received on his behalf at London £120 per the hands of John of Lancaster, Duke of Bedford. Damages are claimed at 200m.
Pleading: JS defends and seeks licence to imparl as far as Easter term 1429, with the assent of JG.
Pleading: [Further information drawn from CP40/673 rot.306d. - Easter 1429] JS says that the action against him ought not continue because after the time it is supposed that he acted as JG's receiver he rendered a full accounting before auditors Thomas S. and Richard Y., as assigned by JG, at Coggeshall, Essex.
Pleading: JG say that JS never rendered account in the manner aforesaid and seeks inquiry upon the country, and JS seeks likewise. Order to the sheriff of Essex to make a jury come in Trinity term 1429.
Case notes: Further information drawn from CP40/673 rot.306d.
Type | Place | Date |
---|---|---|
Accounting | Coggeshall < Essex < England | |
Service/employment Contract | Dowgate Ward < London < England |
(initial) 01/11/1410 (due) 25/12/1410 < Christmas |
Court of Common Pleas, CP 40/672, rot. 285
Term: Hilary 1429
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account
Pleading: John G. claims that John H. owes him 40s. JG says that on 08/10/1428 at London he and JH had an accounting concerning diverse sums of money and receipts of JG himself, which were receiver by JH. And by this accounting JH was found to be 40s in arrears to JG. Damages are claimed at 40s.
Pleading: JH says that he does not owe JG the aforesaid 40s not any other monies and offers his law, to me made in Easter term 1429. Pledges of law are named, as well as pledges of future appearance.
Type | Place | Date |
---|---|---|
Accounting | St Christopher le Stocks < Cornhill Ward < London < England | (initial) 08/10/1428 |
Court of Common Pleas, CP 40/672, rot. 285d
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond
Pleading: Henry S. and Thomas D. claims that William T. owes them £10 as the unpaid residue of a £40 bond. HS and TD acknowledge that they have been satisfied concerning the other £30 of the aforesaid £40 bond. Damages are claimed at 100s. Bond shown in court. And upon this TD and HS say that the bond was made at London etc.
Pleading: WT defends and seeks licence to imparl as far as Easter term 1429. Pledges are named for the defendant.
Postea text: 38 posteas - all say that WT seeks further licence to imparl, forwarding the case as far as Michaelmas term 1441.
Type | Place | Date |
---|---|---|
Bond | St Sepulchre without Newgate < Farringdon Ward Without < London < England |
(initial) 16/03/1424 (due) 23/04/1424 < Easter |
Court of Common Pleas, CP 40/672, rot. 285d
Term: Hilary 1429
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Safe keeping; Taking of goods
Pleading: Geoffrey C. claims that on 06/11/1427, at London, Nicholas B. used force and arms to seize and carry off his goods and chattels to the value of £40. The goods taken were namely: 4 silver cups; 24 silver spoons; 6 table cloths; 4 towels; 4 brass jars (ollas ereas); 3 brass plates; 2 dozen pewter vessels; 6 iron spits; 2 silver bound and gilt mazers; 2 pounds of silk; and 4 stone of wool. Damages claimed at £40.
Pleading: NB defends and seeks licence to imparl as far as Easter term 1429.
Pleading: [Further information drawn from CP40/673 rot.429. - Easter 1429] Concerning the use of force and arms and the entire trespass, except supposed taking of one ounce of silk (cerici, could mean wax?) and three stone of wool, NB says that he is totally innocent and outs himself upon the country, and GC puts himself likewise. Concerning the aforesaid one ounce of silk (cerici) NB says that long before the supposed trespass a certain Joan A. was proprietress and in possession of the aforesaid once ounce of silk that later, at London in the parish of St Andrew in Cornhill Ward, she delivered to a certain Margaret G., for safe keeping, which same MG named NB as her executor and later died in possession of the aforesaid silk. NB says that after the death of MG plaintiff GC, in the parish of St Andrew, took the aforesaid silk from NB's possession, but that he then took it back as the executor of MG's will just as he had good licence to do. NB says that he is prepared to verify this and intended no other injury. Concerning the aforesaid 3 stone of wool NB says that long before the supposed trespass the late MG was proprietress and in possession of this wool and that after the death of MG plaintiff GC, in the parish of St Andrew, took the aforesaid wool from NB's possession, but that as the executor of MG's will, and these being her possessions, assigned for the health of her soul (pro salute animie sue distribuend'), he retrieved them from GC's possession as he had good licence to do. This NB is prepared to verify.
Pleading: GC says that long before JA delivered the aforesaid ounce of silk to the late MG for same keeping the same JA gave him the aforesaid one ounce of silk in the parish of St Vedast, London, by the force of which gift GC was possessed of the aforesaid ounce of silk and he himself then delivered it to JA for safe keeping. GC says that he had requested that JA return the silk to him and that JA delivered to MG for safe keeping, which same MG made NB her executor and then died. GC says that after the death of MG he then took the aforesaid silk as his own goods, and that NB then made trespass against him and seized it in the manner expressed in the writ. Concerning the aforesaid 3 stone of wool, GC says that long before the time of the aforesaid trespass MG gave the aforesaid wool to him, by the force of which gift he was possessed of the aforesaid wool, and gave it to MG for safe keeping. GC says that after the death of MG he took the same 3 stone of wool as his own goods, and that NB then made trespass against him and seised then in the manner expressed in the writ.
Pleading: NB says that JA never gave the aforesaid silk to GC, nor did MG give the aforesaid wool to GC, and puts himself upon the country, and GC puts himself likewise. Order to the sheriff of London to make a jury come in (damages but probably 'Trinity') term 1429.
Case notes: Further information drawn from CP40/673 rot.429.
Court of Common Pleas, CP 40/672, rot. 285d
Term: Hilary 1429
County: London
Writ type: Debt (loan)
Damages claimed: 10m
Damages awarded: 13s 4d
Case type: Bond; Loan
Pleading: William W. claims that John S. owes him £12 4s arising from a £12 bond and a 4s loan, both of which were made at London on 06/01/1428 and due in Michaelmas 1428 (29/09/1428). Damages are claimed at 10m.
Pleading: JS defends and seeks licence to imparl as far as Easter term 1429.
Postea text: postea 1 - plaintiff WW comes but defendant JS does not and thereby makes default. Thus, the decision is that WW is to recover the aforesaid £12 4s plus 13s 4d damages. JS is in mercy.
Type | Place | Date |
---|---|---|
Bond | London < England |
(initial) 06/01/1428 (due) 29/09/1427 < Michaelmas |
Loan | London < England |
(initial) 06/01/1428 (due) 29/09/1427 < Michaelmas |
Court of Common Pleas, CP 40/672, rot. 302
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 6s 8d
Case type: Bond
Pleading: John S., Thomas G., John B., and William P., executors of the will of Robert T., claim that Richard F. owes them £40 on a bond made between RF and the late RT. Damages are claimed at £20. Bond shown in court, as well as letters testamentary. And upon this the executors say that the bond was made at London etc.
Pleading: RF says that he is not able to deny the debt, nor the validity of the bond. Therefore the decision is that the aforesaid executors are to recover the £40 debt plus damages of 6s 8d. RF is in mercy
Case notes: The location of the bond’s making is given as ‘in the parish of St Peter in the Ward of Cheap’. This parish and ward combination is geographically incompatible, and has been interpreted as referring to the parish of St Peter Westcheap.
Type | Place | Date |
---|---|---|
Bond | St Peter Westcheap < Cheap Ward < London < England |
(initial) 21/05/1426 (due) 29/09/1426 < Michaelmas |
Court of Common Pleas, CP 40/672, rot. 303
Term: Hilary 1429
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods; Trespass (chattels)
Pleading: Thomas T. and John T. claim that on 12/04/1428 Thomas S. used force and arms to break their close at Waltham Holy Cross where TS allowed his beasts (horses, sheep, cows pigs etc.) to trample and consume the grass of TT and JT to the value of 40s, and from which close the same TS seized and carried off 8 cart loads of hay to the value of 60s.
Pleading: TS defends and seeks licence to imparl as far as Easter term 1429, with the assent of TT and JT. And upon this TW puts (attorney) Adam S. in his place versus TT and JT in this plea.
Pleading: [Further information drawn from CP40/673 rot.121d. - Easter 1429] TS says that he is innocent and puts himself upon the country, and thee plaintiffs, TT and JT, put themselves likewise. Order to the sheriff of Essex to make a jury come in Trinity term 1429.
Postea text: postea 1 - continuance between the parties as far as Martinmas 1429 (late in Michaelmas term 1429).
Postea text: postea 2 - a jury comes and says on oath that TS is innocent. 'Therefore TT is to take nothing by his writ but is in mercy for false claim.' TS is without day.
Case notes: Further information drawn from CP40/673 rot.121d.
Type | Place | Date |
---|---|---|
Destruction of Chattels House-breaking Taking of Goods |
Waltham Holy Cross < Essex < England | (initial) 12/04/1428 |
Court of Common Pleas, CP 40/672, rot. 308
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods
Pleading: Simon Strete states that on 27 March 1427, in London, John Ussher made a bond with him in £13 6s 8d, payable at Pentecost then next, but has not paid, to his damage of £20. He shows the bond in court.
Pleading: JU asks that the bond and its endorsements be read out in court. The endorsement states that the condition of the bond is such that if that pipe of woad which John Wode, factor and attorney of SS, had bought from JW should contain 4 quarters of woad, each quarter being worth 5m according to the ancient measure and affirmation by the assay of woad, or, should the said quarters of woad be worth less than 5m, if JU should make satisfaction to SS and JW for the difference in value without delay, then the bond shall be null and void. Having heard this, JU says that SS ought not maintain his action, since the said pipe of woad did indeed contain four quarters, each worth 5m.
Pleading: SS, not acknowledging anything claimed by JU, states that at the time of the making of the bond none of the quarters of woad were worth 5m as claimed. Enquiry by country, sheriff of Bristol to have jury here at quindene of Easter.
Case notes: For an earlier case, allegedly relating to a seemingly identical transaction from one year earlier, see CP 40/670, rot 499.
Type | Place | Date |
---|---|---|
Bond | St Antholin Budge Row < Cordwainer Street Ward < London < England |
(initial) 27/03/1427 (due) 08/06/1427 < Pentecost |
Court of Common Pleas, CP 40/672, rot. 316
Term: Hilary 1429
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40s
Damages awarded: 40s
Case type: Debt; Real action / rents / damage to real estate
Pleading: John Russhebrook states that a certain John de Gildesburgh was formerly seised in his demesne as of fee of 4 messuages, 21 cottages or shops and one quay with appurtenances in the parish of St Mary Somerset in London, and thus seised, Edward III, by his letters patent dated at Rockingham on 26 November 1345 [CPR 1345-8, p.14], which JR shows in court and which the present king has confirmed, allowed JG to grant in mortmain 7m annual rent from this property, namely from the tenement lying between the messuages of Edward de Monte Acuto on one side and Old Fish Street lane on the other, held of the king in free burgage, to a certain chaplain to sing each day in the church for the healthy estate of JG and Peter de Gildesburgh, and their parents, and their souls after their deaths, and the souls of their ancestors and all the faithful departed, in perpetuity [further terms recited]. By a certain sealed indenture of which JR shows part in court, dated in the church of St Mary Somerset on 20 March 1349, JG granted to a certain John Bordell of Guilsborough, chaplain, and his successors, an annuity of £4 6s 8d to sing for the souls of JG, PG, canon of Lincoln, and their family, etc, in perpetuity, from the said tenements, by the name of all the lands, tenements, etc which JG had in the said parish, lying between the tenement of Edward de Monte Acuto on the east and Fish Wharf Lane on the west, and between Thames Street to the north and the River Thames to the south, into whoever's hands this property should come, with warranty against all. JG also granted that if this rent should ever be in arrears to the said chaplain or his successors, they may enter the property and make distraint until the arrears is satisfied. If they are impeded from this by the lords or tenants of these tenements, then the mayor or keeper of the city of London should make distraint for the chaplain, taking another 40d for their labour from the remainder of the property. JG also said that if the chaplaincy becomes vacant, the rector and three parishioners should present a suitable chaplain to the mayor or keeper of the city, who should then invest him according to the customs of the city. If the rector and parishioners should not do this within 15 days of a vacancy, then the mayor or keeper should choose a new chaplain. John Bordell was thus instituted, and JG later died, as did JB, after which one John Mabbele was chosen as chaplain by Robert de Staunton, then rector, and Richard Smelte, John Cauntebrigge and Edmund Northwich, parishioners, and presented to John Louekyn, then mayor, who invested him. JM was thus in possession of this annuity by the hand of Richard de Gildesburgh, then tenant of the property. JM then died, and Richard Lodelowe was presented by John Burton, then rector of St Mary Somerset, and Thomas Wylforthe, John Trigg and John Clerk, parishioners, and presented to William Staundon, then mayor, who invested him, and RL was seised of the annuity from the hand of William Venour, grandfather of the defendant (father of William's father, also William), then tenant. RL then resigned and the chantry was vacant, as RL became parson of the church, and a certain William Segrave was presented by RL, then rector, and Thomas Wilforthe, Nicholas Hardy and William Ware, parishioners, and presented to William Askham, then mayor, who invested him, and Segrave was seised of the annuity by the hand of the same William Venour, grandfather of the defendant, then tenant. Segrave then died, and a certain John Wrythe was presented by RL, still rector, and Thomas Kebyll, John Sabyn and John Holwiche, parishioners, and presented to Richard Whytyngdon, then mayor, who invested him, and JW was seised of the annuity by the hand of William Venour, son of WV the grandfather, then tenant. JW then died, and JR was presented by John, bishop of Dromore, now rector, and John, duke of Norfolk, Elizabeth Wilford and John Bate, now parishioners, and presented to John Gedeney, then mayor, who invested him. Since 21s 8d of this annuity was in arrears and unpaid, namely for payment due at the Nativity of St John the Baptist last (1428), on 4 September 1428 JR entered a tenement in the parish of St Mary Somerset, Queenhithe ward, a parcel of the tenements aforesaid, and made distraint from the goods of WV, the defendant, namely a silver cup and a brass jar. However, on the same day, WV forcibly took them back from him, against the peace and to his damage of 40s.
Pleading: WV, not acknowledging anything in the writ or pleading, states that he does not have to respond to the matter contained in the writ or pleading, and seeks judgment and that JR be precluded from his suit.
Pleading: JR states that as the matter is sufficient in law, which he is prepared to verify, and WV has not made a response, he seeks judgment, and that WV be convicted for default of response, and he be awarded damages. Justices wish to be advised, day given at the quindene of Easter.
Postea text: 3 further days given, to octave of Hilary 1430.
Postea text: Parties come in person. Having heard the record, order that JR recover his damages at 40s and no more. WV to be taken. JR remits the damages.
Court of Common Pleas, CP 40/672, rot. 318d
Term: Hilary 1429
County: Hampshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods
Pleading: Thomas F. claims that on 31/10/1427 William B. used force and arms to break into his park at Bramshill, Hampshire, where WB hunted without licence, taking and carrying off two male deer and four female deer. Damages are claimed at £20.
Pleading: WB says that he is innocent and puts himself upon the country, and TF puts himself likewise. Order to the sheriff of Hampshire to make a jury come in Easter term 1429. Pledges are named for the defendant.
Type | Place | Date |
---|---|---|
House-breaking Taking of Goods |
Bramshill < Hampshire < England | (initial) 31/10/1427 |
Court of Common Pleas, CP 40/672, rot. 319d
Term: Hilary 1429
County: London
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods
Pleading: John W. claims that John H. owes him £35 21d arising from the sale of 8 bales of madder which JH bought but did not pay for. Damages are claimed at £40.
Pleading: JH says that he does not owe JW the aforesaid £35 21d nor any other monies and offers his law, to be made in Easter term 1429. Pledges of law are named. It is ordered that RW's attorney, Richard B., is to have his master to this court to make his law in the term aforesaid.
Case notes: Related to other case on CP40/672 rot.319d.?
Type | Place | Date |
---|---|---|
Sale of Goods | St Antholin Budge Row < Candlewick Street Ward < London < England |
(initial) 26/05/1417 (due) 29/09/1417 < Michaelmas |
Court of Common Pleas, CP 40/672, rot. 319d
Term: Hilary 1429
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods
Pleading: John W. claims that Richard W. owes him 40s arising from the sale of one bale of madder which RW bought but did not pay for. Damages are claimed at £10
Pleading: RW says that he does not owe JW the aforesaid 40s nor any other monies and offers his law, to be made in Easter term 1429. Pledges of law are named. It is ordered that RW's attorney, Richard B., is to have his master to this court to make his law in the term aforesaid.
Case notes: Related to other case on CP40/672 rot.319d.?
Type | Place | Date |
---|---|---|
Sale of Goods | St Antholin Budge Row < Candlewick Street Ward < London < England |
(initial) 26/05/1417 (due) 29/09/1417 < Michaelmas |
Court of Common Pleas, CP 40/672, rot. 336
Term: Hilary 1429
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods
Pleading: Thomas S. claims that on 16/08/1428 William T. and John B. used force and arms to break his close at St. Margaret Hills, Kent, where they seized and carried off his chattels to the value of £10. The goods taken were namely, 4 cart-loads of barley, 20 cart-loads of peas, and 6 cart-loads of beans. Damages are claimed at £20.
Pleading: Wt and JB defend and seek licence to imparl as far as Easter term 1429.
Pleading: [Further information drawn from CP40/674 rot.191 - Trinity 1429] WT and JB say that they are innocent of the use of force and arms and put themselves upon the country, and TS puts himself likewise. Concerning the remainder of the supposed trespass WT and JB say that the aforesaid 'goods and chattels' were corn growing in the aforesaid close, and that the same close at the time of the supposed trespass and reaping (of the corn) was the soil and free tenement of WT and JB themselves. Therefore WT and JB say that they entered the aforesaid close and took the aforementioned corn just as they had good licence to do.
Pleading: TS says that the aforesaid close is his own soil and free tenement, and not the soil and free tenement of WT and JB. TS therefore seeks inquiry upon the country, and the plaintiffs, WT and JB, seek likewise. Order to the sheriff of Kent to make a jury come in the octave of St John the Baptist 1429 (late in Trinity term 1429). And upon this WT and JB put (attorney) Henry H. in their place versus TS in this suit.
Postea text: postea 1 - further licence to imparl as far as Trinity term 1429.
Postea text: postea 2 - The sheriff of Kent does not send the writ and so the case is forwarded as far as Michaelmas term 1429.
Case notes: Further information drawn from CP40/674 rot.191
Type | Place | Date |
---|---|---|
House-breaking Taking of Goods |
St Margaret Hills < Kent < England | (initial) 16/08/1428 |
Court of Common Pleas, CP 40/672, rot. 430d
Term: Hilary 1429
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £60
Case type: Housebreaking; Taking of goods
Pleading: William R. claims that on 28/06/1428 Walter B. used force and arms to break his close and house at Islington, Middlesex, where WB seized and carried off his goods and chattels to the value of £40. The goods taken were namely 40 cart-loads of hay, copper/brass vessels (vasa enea erea) and other household utensils. Damages are claimed at £60.
Pleading: WB defends and seeks licence to imparl as far as Easter term 1429, with the assent of WR.
Pleading: [Further information drawn from CP40/673 rot.128 - Easter 1429] WB says that he is innocent and puts himself upon the country, and WR puts himself likewise. Order to the sheriff of Middlesex to make a jury come in Easter term in 5 weeks, 1429 (later in same term).
Postea text: postea 1 - the jury is placed in respite as far as Trinity term 1429.
Postea text: postea 2 - a jury comes and says on oath that WB is innocent. WB is without day. WR is in mercy for false claim.
Case notes: Further information drawn from CP40/673 rot.128
Type | Place | Date |
---|---|---|
House-breaking Taking of Goods |
Islington < Middlesex < England | (initial) 28/06/1428 |
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
Richard Thornburgh (m) | Attorney of plaintiff | |||
Walter Bramell (m) | Carter | London < England | Defendant | |
William Reed (m) | Plaintiff |
Court of Common Pleas, CP 40/672, rot. 431
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 13s 4d
Case type: Bond
Pleading: Richard T. claims that John S. owes him 6m on four separate bonds, each in 20s, all made in London on 16 May 1427 [parish and ward omitted] and due at the feasts of Pentecost, the Nativity of St John the Baptist, Michaelmas and All Saints 1427. Bonds shown in court. Damages claimed at £10.
Pleading: JS granted licence to imparl to quindene of Easter, with assent of RT.
Postea text: RT comes, JS does not come, in default. Order that RT recover the debt, and damages assigned at 13s 4d. JS amerced.
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
John Stodhagh (m) | Gentleman | London < England | Defendant | |
Richard Thorp (m) | Clerk | Plaintiff | ||
Thomas Hulle (m) | Attorney of plaintiff |
Court of Common Pleas, CP 40/672, rot. 438d
Term: Hilary 1429
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £30
Damages awarded: 40s
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods
Pleading: John W. claims that on 16/08/1428 John Cumpton and William C. used force and arms to break his close and house at Croydon, Surrey, where they seized and carried off goods and chattels to the value of £20. The goods taken were namely 3 brass jars, 4 plates and other household utensils. Damages are claimed at £30.
Pleading: Concerning the use of force and arms John Cumpton and WC say that they are innocent and put themselves upon the country, and JW puts himself likewise. Concerning the remainder of the trespass John Cumpton says that JW's action against him ought not continue because at the time of the supposed trespass the place where the trespass is supposed to have taken happened was the soil and free tenement of John Cumpton himself, together with Henry F., Roger L., and Bartholomew H. John Cumpton says that he thus had good licence to open to enter the aforesaid close and house. WC says that he was the servant of John Cumpton at the time of the supposed trespass, and entered the aforesaid house on John Cumpton's orders, not intending any other injury.
Pleading: JW says that the aforesaid close and house was his own soil and free tenement, not the soil and free tenement of John Cumpton, HF, RL and BH. Concerning this JW seeks inquiry upon the country, and the defendants, John Cumpton and WC, seek likewise. Order to the sheriff of Surrey to make a jury come in Easter term 1429.
Postea text: postea 1 - continuance between the parties as far as Michaelmas term 1429.
Postea text: postea 2 - A jury comes and says on oath that John Cumpton and WC are innocent of the taking of the aforesaid goods and chattels, and so without day concerning this charge. Concerning the breaking of the aforesaid close and house, the jury says that the property is the soil and free tenement of plaintiff JW. Therefore, concerning the housebreaking, JW is to recover from John Cumpton and WC 40s in costs and damages. JW is in mercy for false claim concerning the charge of theft.
Postea text: postea 3 - 23/11/1429 John Cumpton comes before the court in his own person and pays JW the aforesaid 40s damages. John Cumpton seeks to make fine with the lord king, to be admitted to his peace. John Cumpton is admitted for a fine of 40d, per the pledges of John Corf and Richard T. Therefore John Cumpton is Quit.
Type | Place | Date |
---|---|---|
House-breaking Taking of Goods |
Croydon < Surrey < England | (initial) 16/08/1428 |
Court of Common Pleas, CP 40/672, rot. 442
Term: Hilary 1429
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods
Pleading: Richard T. claims that Richard L. owes him 40s arising from the sale of a horse which RL bought but did not pay for. Damages are claimed at 40s.
Pleading: RL says that he does not owe RT the aforesaid 40s nor any other monies and offers his law, to be made in Easter term 1429. Pledges of law are named, as well as pledges of future appearance.
Postea text: postea 1 - defendant RL comes, but plaintiff RT does not come. Therefore RT and his pledges of the prosecution are in mercy.
Type | Place | Date |
---|---|---|
Sale of Goods | Salisbury < Wiltshire < England |
(initial) 25/03/1427 (due) 20/04/1427 < Easter |
Court of Common Pleas, CP 40/672, rot. 442d
Term: Hilary 1429
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods
Pleading: William R. claims that Richard B. and his wife Elizabeth B. owe him 9m arising from the sale of one tun of red wine which RB and EB bought but did not pay for. WR says that this 9m was payable on request, and though he has asked for it many times RB and EB have not paid him. Damages are claimed at 100s.
Pleading: RB and EB say that they do not owe WR the aforesaid 9m nor any other monies and offer their law, to be made in Easter term 1429. Pledges of law are named.
Case notes: related to CP40/674 rot.552
Type | Place | Date |
---|---|---|
Sale of Goods | St Nicholas Cole Abbey < Bread Street Ward < London < England | (initial) 11/05/1421 |
Court of Common Pleas, CP 40/672, rot. 442d
Term: Hilary 1429
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods
Pleading: Thomas G. and John M., administrators of the goods and chattels of John Ace, claim that John Ade owes them 40s. TH and JM say that on 08/06/1425 John Ace bought from the late John Ade two oxen and two cows for the aforesaid 40s, but never paid for them. Damages are claimed at 40s. TG and JM present to the court letters of administration given by William L . commissary general of the archdeaconries of Oxford and Buckingham on behalf of bishop Richard L. of Lincoln.
Pleading: John Ade days that he does not owe executors TG and JM the aforesaid 40s nor any other monies and offers his law, to be made in Easter term 1429. Pledges of law are named.
Postea text: postea 1 - John Ade comes but plaintiffs TG and JM make essoin. Therefore, the case is forwarded as far as trinity term 1429.
Postea text: postea 2 - defendant John Ade comes but plaintiffs TG and JM do not. Therefore John Ade is without day. TG, JM, and their pledges of the prosecution are in mercy for false claim.
Type | Place | Date |
---|---|---|
Sale of Goods | St Sepulchre without Newgate < Farringdon Ward Without < London < England |
(initial) 08/06/1425 (due) 24/06/1425 < St John the Baptist, Nativity of |
Court of Common Pleas, CP 40/672, rot. 442d
Term: Hilary 1429
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods
Pleading: John K. claims that on 03/02/1427 William C. broke his house and close with force and arms, from which WC took his goods and chattels to the value of £10. The goods and chattels taken were namely: 6 cart-loads of fuel, 39 quarters of coal, one iron spit, 12 bedboards, and one dining table. Damages are claimed at £10.
Pleading: WC defends and seeks licence to imparl as far as Easter term 1429. Pledges are named for the defendant.
Postea text: postea 1 - further licence to imparl as far as Trinity term 1429.
Type | Place | Date |
---|---|---|
House-breaking Taking of Goods |
St Andrew Holborn < Farringdon Ward Without < London < England | (initial) 03/02/1427 |
Court of Common Pleas, CP 40/672, rot. 451
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond
Pleading: John H. claims that William R. owes him £20 per a bond. Bond shown in court. Damages are claimed at 20m. And upon this JH says that the bond was made at London etc.
Pleading: WR defends and seeks licence to imparl as far as Easter term 1429.
Type | Place | Date |
---|---|---|
Bond | St John Zachary < Cripplegate Ward < London < England |
(initial) 15/01/1420 (due) 01/02/1420 |
Court of Common Pleas, CP 40/672, rot. 451
Term: Hilary 1429
County: London
Writ type: Detinue
Damages claimed: £10
Case type: Arbitration; Detention of goods; Safe keeping
Pleading: Thomas Broun claims that Thomas F. unjustly detains a bond which shows that a certain William Eelmeden is held and obliged to Thomas Broun in £10 at certain terms within written. Thomas Broun says that he gave this bond to TF for safe keeping at London on 20/05/1428, but that TF now refuses to return it. Damages are claimed at £10.
Pleading: TF presents the aforesaid bond to the court and says that he is prepared to deliver it with the court's decision. However, TF says that the bond was given to him by Thomas Broun and William Elmeden with their mutual consent, under the understanding that it should be returned to Thomas Broun or William Elmeden only under certain conditions. TF says that he is unaware, on the part of William Elmeden, as to whether or not those conditions have been met. TF seeks that William Elmeden be forewarned of the bond's delivery to Thomas Broun. Therefore, the sheriff of London is ordered to make it known to William Elmeden by good and honest men that he is to be to this court in Easter term 1429 if he should wish to object to Thomas Broun having livery of the aforesaid bond.
Pleading: [Further information drawn from CP40/674 rot.468 - Trinity 1429] To this day (Trinity term 1429) come Thomas Broun and TF in their own persons, and William Elmeden by his attorney, Richard T. The sheriff of Northumberland returns that he made it known to William Elmeden that he ought to be to this court etc. by way of William Eirilop, John F., John R., and Robert W. And upon this William Elmeden seeks livery of the aforesaid bond, saying that Thomas Broun ought not have it. William Elmeden says that long before the time of the said livery of the aforesaid bond to TF, in the eastern march of England towards to Scotland, it was publicly proclaimed by Earl of Northumberland Henry Percy warden of the march that all of those who come from Scotland, in England, not under oath to remain faithful and loyal to the king of England and not having letters testimonial under the seal of the aforesaid Earl concerning the said oath and allegiance ought to withdraw from England with their goods and chattels within the fifteen days then next following, and that any Englishman finding a Scotsman in England thereafter, not having sworn the aforesaid faith and allegiance and not having the aforesaid letters, ought to be permitted to take that Scotsman prisoner with his goods, as an enemy of the lord king. And William Elmeden says that himself, after the quindene of the aforesaid proclamation, discovered a certain John Hathirwyk abiding at Lyham, Northumberland, who had not sworn faith and allegiance to the king of England and did not have the aforesaid letters. William Elmeden thus made this John Hathirwyk his prisoner as an enemy of the kink. From which seizure (prisa), a lawsuit/quarrel (lis) and sedulous contention between them was warned (de qua prisa inter eos lis et contentencio sedula monebant) and the same William Elmeden wished thence to be made (reconciled? ‘inde volens fieri f… instium') on the aforesaid 20/05/1428, in the parish and ward aforesaid, William Elmeden delivered the aforesaid bond to TF under the condition that if: Thomas Berehall, William S., John Harbotell, and Thomas E. should certify to TF that John Hathirwyk be sworn to the aforesaid faith and allegiance; and that John Hathirwyk had (habuit) letters testimonial of the aforesaid earl; and that William Elmeden and John Hathirwyk ought to stand (starent) by the arbitration, ordination, and judgement of TF which ought to be made concerning the aforesaid lawsuit and contention, and they fulfil that (arbitration etc.); or if William Elmeden ought to hold to the that arbitration and John Hathirwyk infringe upon it; then the bond ought to be returned to William Elmeden. And, in the case that John Hathirwyk should hold to the arbitration and William Elmeden himself should infringe upon it, then the bond ought to be delivered to Thomas Broun. Finally, William Elmeden says that TF has not yet (nondum) made any ordination nor arbitration nor judgement upon the aforesaid lawsuit and contention, and so William Elmeden seeks judgement and says that Thomas Broun should not have livery of the aforesaid bond.
Pleading: Thomas Broun says that he ought to have livery of the bond and says that the conditions under which it was given to TF were that if: Thomas Berehall, WS, John Harbotell, and TE should certify to the aforesaid TF in writing (inscriptum) under their seals prior to Michaelmas 1428 (29/09/1428) that John Hathirwyk had neither made oath of fidelity or allegiance nor had letters testimonial of the aforesaid earl at the time when William Elmeden imprisoned John Hathirwyk and seized his goods as an enemy of the lord king for that same reason, then William Elmeden ought to have livery of the aforesaid bond. Otherwise, Thomas Broun himself ought to have livery of the aforesaid bond. Thomas Broun says that Thomas Berehall, WS, John Harbotell, and TE did not (make) certification to TF prior to Michaelmas 1428 that John Hathirwyk had not made oath nor had letters testimonial etc., and therefore he should have livery of the bond etc. Thomas Broun denies that the bond was delivered to TF under the conditions supposed by William Elmeden and puts himself upon the country, and William Elmeden puts himself likewise.
Postea text: postea 1 - the sheriff of London returns that WE has no estate in his bailiwick. And upon this it is testified in the court that WE has estate in Northumberland. Therefore, order to the sheriff of Northumberland to make it known to WE etc. to be to this court in Trinity term 1429.
Case notes: Further information drawn from CP40/674 rot.468 (photos: 925, 925 & 2088
Type | Place | Date |
---|---|---|
Safe Keeping | St Gregory by St Paul's < Castle Baynard Ward < London < England | (initial) 20/05/1428 |
Court of Common Pleas, CP 40/672, rot. 451
Term: Hilary 1429
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond
Pleading: William R. claims that Lodowic J. owes him 50m per a bond that was made between LJ and a certain late Alice G. who was the wife of Robert G. on the one part, and WR himself on the other part. Damages are claimed at 40m. And upon this WR says that the bond was made at London etc.
Pleading: LJ defends and seeks licence to imparl as far as Easter term 1429.
Postea text: postea 1 - further licence to imparl as far as Trinity term 1429.
Type | Place | Date |
---|---|---|
Bond | St Mary Woolnoth < Langbourn Ward < London < England |
(initial) 13/03/1412 (due) 29/09/1413 < Michaelmas |
Court of Common Pleas, CP 40/672, rot. 451d
Term: Hilary 1429
County: London
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment)
Pleading: William M. claims that John T. ought to render to him reasonable account concerning the time JT acted as his receiver from the feast of St Thomas the Martyr (29 December) 1427 until the feast of St Peter ad Vincula then next (1 August 1428). WM says that during this time JT received on his behalf, at London, £10 from the hands of a certain Henry N., but although WM has often made requests, JT has not rendered reasonable account for this money, to his damage of £10.
Pleading: JT granted licence to imparl to Easter three weeks.
Type | Place | Date |
---|---|---|
Service/employment Contract | St Lawrence Jewry < Cripplegate Ward < London < England |
(initial) 29/12/1427 (due) 01/08/1428 < St Peter ad Vincula |
Court of Common Pleas, CP 40/672, rot. 452
Term: Hilary 1429
County: Middlesex
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan
Pleading: Henry T. claims that on 29/10/1428 at Westminster, Middlesex, he loaned John V. 44s which was to be repaid on 01/11/1428. However JV has never repaid this money. Damages are claimed at 40s.
Pleading: JV says that he does not owe HT the aforesaid 44s nor any other monies and offers his law, to be made in Easter term 1429. Pledges of law are named.
Court of Common Pleas, CP 40/672, rot. 452
Term: Hilary 1429
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £40
Damages awarded: 10m
Costs: 40s
Case type: Breach of Statute; Maintenance
Pleading: Ralph Luda claims that John F. has breached the statute against maintaining and sustaining the lawsuits of others. RL states that on 3 May 1428, he and his wife Margaret brought a plea of trespass at Westminster before the Common Pleas against a certain Amice N. [see CP 40/669, rot 132] whereby they claimed that AN broke the house and close of ML in London during the reign of Henry V and took goods and chattels to the value of £20. RL says that JF maintained and sustained AN in this lawsuit, at various times between the said 3 May 1428 and 17 May 1428, in contempt of the king, against the form of the statute and to his damage of £40.
Pleading: JF says that the case against him ought not continue. JF says that on the day of the supposed maintenance, in London in the parish of St Mary Woolnoth, Langbourn ward, AN asked him if he would come with her to Westminster in case she should require a surety of the peace. JF then went with AN to Westminster and acted as one of her sureties as he had good licence to do; and not in order to commit maintenance etc.
Pleading: RL says that JF maintained and sustained AN as claimed, and seeks inquiry upon the country and JF seeks likewise. Order to the sheriff of Middlesex to make a jury come in Easter term 1429. Pledges named for the defendant.
Postea text: Process continued, jury in respite to quindene of Trinity. Jury says that JF did maintain and sustain the aforesaid quarrel between AN, and RL with ML, just as RL has claimed. RL is awarded 10m damages and 40s costs. JF to be arrested.
Postea text: RL acknowledges satisfaction of the said damages.
Type | Place | Date |
---|---|---|
Breach of Statute Maintenance |
Westminster < Middlesex < England |
(initial) 03/05/1428 (due) 17/05/1428 |
Court of Common Pleas, CP 40/672, rot. 458
Term: Hilary 1429
County: Norfolk
Writ type: Other
Damages claimed: £200
Case type: Usurpation / abuse of rights
Pleading: Edward S. and William N. are in mercy for many defaults. Robert Fulburne claims that ES and WN ought to permit him to present a parson to the church of Reymerston, Norfolk, which is vacant. Robert Fulburne says that himself, together with a certain Richard E. who is now deceased, was formerly seised of one acre of land with appurtenances in Reymerston to which land is appended the advowson of the aforesaid church, in his demesne as of fee etc. Robert Fulburne says that he and the late RE presented to that church a certain Robert Folsham, who was admitted and instituted during the reign of Henry V. Robert Fulburne says that the church of Reymerston has been made vacant by the resignation of the aforesaid Robert Folsham and so he (R. Fulburne) ought now present a new parson etc. However, ES and WN unjustly impede him etc. Damages are claimed at £200.
Pleading: ES and WN granted licence to imparl to quindene of Easter.
Court of Common Pleas, CP 40/672, rot. 458
Term: Hilary 1429
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond
Pleading: John E. claims that John W. owes him £40 per a bond. Damages are claimed at £40. Bond shown in court. And upon this JE says that the bond was made at Acton, Middlesex.
Pleading: JE defends and seeks licence to imparl as far as Easter term 1429.
Postea text: 3 posteas - all further licences to imparl, forwarding the case as far as Easter term 1430.