CP40/736: Hilary term 1445

Court of Common Pleas, CP 40/736, rot. 067

Term: Hilary 1445
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100s
Damages awarded: 20s
Case type: Bond; Loan

Pleading: John and Thomas Bost state that on 5 September 1442 John Wyllyngersh made bond with them in £6, payable at Easter next, and also borrowed a further £5 from them, payable on request. However he has not repaid either sum, to their damage of 100s. They show the bond in court.

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

Postea text: Further licence to imparl, to octave of Trinity 1445.

Postea text: Plaintiffs come, JW did not come, and defaults. Order that JB and TB recover debt, and damages of 20s. JW amerced.

Court of Common Pleas, CP 40/736, rot. 067

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Berwyk and Thomas Wyllyford state that on 18 October 1443 Geoffrey Sheryff made bond with them in £35, but has not paid, to their damage of £20. They show the bond in court.

Pleading: GS granted licence to imparl to Easter three weeks. WB appoints TW as his attorney.

Case notes: Another case between these parties on CP 40/752, rot 135d (Hilary 1449).

Court of Common Pleas, CP 40/736, rot. 108

Term: Hilary 1445
County: London
Writ type: Account
Damages claimed: 20m
Case type: Contract (service/employment); Reckoning of account

Pleading: The prior of 'Harlegh' states that John Organ served as his receiver from 1 October 1443 for one year, and during that time received 4m from the abbot of Walden, for which he should have rendered reasonable account, but he has refused to do that to the prior's damage of 20m.

Pleading: [No counter plea recorded]

Case notes: This entry is incomplete, and seems to be an error.

Court of Common Pleas, CP 40/736, rot. 108

Term: Hilary 1445
County: Surrey
Writ type: Debt (other)
Damages claimed: -
Case type: Real action / rents / damage to real estate

Pleading: Roger Redonall, vicar of Camberwell, seeks from John Neell a messuage and five acres of land in Camberwell which JN holds of him by certain services, and which ought to revert to him since JN has withdrawn for two years. He says that JN holds the land of him by right of his vicarage, by homage, fealty and rent of 4s 10½d payable in equal portions at Easter and Michaelmas, just as his predecessors had held this, but he has withheld these services from Michaelmas 1442 until the date of his original writ, 3 January 1445.

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

Postea text: Further licence to imparl to octave of Trinity 1445.

Court of Common Pleas, CP 40/736, rot. 108d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 20s
Case type: Sale of goods

Pleading: John Shirwode states that on 14 March 1443 John Bradley bought from him two butts of Rumney and one butt of Malmsey, for £13 4s 9d, payable on request, but he has not paid, to his damage of 100s.

Pleading: JB states that he does not owe this or any money as claimed by JS. Order that he wager his law at quindene of Easter. Pledges named.

Postea text: JB made essoin, to octave of St John the Baptist.

Postea text: JS came, JB did not come. JS to recover his debt, and damage of 20s. JB amerced.

Court of Common Pleas, CP 40/736, rot. 109

Term: Hilary 1445
County: Bedfordshire
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Housebreaking; Real action / rents / damage to real estate; Trespass (chattels)

Pleading: John Bryse states that on 12 July 1422 John Paton forcibly broke his house and close at Bromham and destroyed his grass to a value of 100s, depasturing his animals, and also ploughed 20 acres of land, depriving him of the profits of his land for a long time, namely from 12 July 1422 until the date of his original writ, 8 October 1444. This was against the peace, and to his damage of 10m.

Pleading: John Paton denies responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter.

Court of Common Pleas, CP 40/736, rot. 110

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 100s
Case type: Bond; Imprisonment

Pleading: Clement Lyffyn states that on 22 March 1440 Simon Sely made two bonds with him, each in £3 16s 8d, but has not paid either, to his damage of 10m. He shows the bonds in court.

Pleading: SS states that he should not be bound to this debt, as at this time he was imprisoned by CL and his associates in West Wratting in Cambridgeshire, and detained there until he made this bond under duress.

Pleading: CL denies this, stating that at the time of the bond SS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Cambridgeshire to have jury of West Wratting here at Easter three weeks.

Postea text: Process continued, jury in respite to quindene of Michaelmas nisi prius they come before the justices in Cambridgeshire at Cambridge on 20 July 1445. On this day CL came, justices sent record that on that day, before John Fray and John Markham, justices, parties came, jury came, but SS said that the justices should not proceed, since on 10 July 1445, at Ospringe in Kent, CL released him from all personal actions by a certain acquittance which he showed in court [recited in full], by which the case did not continue. SS did not come on this day, nor did he verify the release. Therefore ordered that CL recover the debt of £7 13s 4d, and damages of 100s. SS amerced.

Postea text: Recorded that on this day, by virtue of a writ of error dated 19 March 1446 and directed to Richard Neuton, all records and processes touching this case and SS to be sent before the king.

Court of Common Pleas, CP 40/736, rot. 116

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Hugh Asshton states that on 19 April 1443 Henry Streteman made bond with him in 80m, but has not paid, to his damage of 100m. He shows the bond in court.

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

Court of Common Pleas, CP 40/736, rot. 116d

Term: Hilary 1445
County: Middlesex
Writ type: Detinue
Damages claimed: 100s
Damages awarded: 20s
Case type: Detention of goods; Safe keeping

Pleading: John More states that on 10 July 1443 he delivered to John Orchard at Westminster for safe-keeping a certain document in which it was contained that Nicholas Bury and John Couper were bound to him in 10m, to be returned on demand. However, JO has refused to return it, to his damage of 100s.

Pleading: JO, presenting the document in court and offering to deliver it to whoever the court orders, states that the bond was delivered to him jointly by JM, NB and JC under certain conditions, to be returned to either JM or NB and JC under those conditions, but JO does not know whether those conditions have been implemented on the part of NB and JC. He asks that NB and JC be forewarned. Therefore order to the sheriff to warn NB and JC to be here at Easter one month to show any reason why the document ought not be delivered to JM.

Postea text: Parties come, NB comes in person for himself and as attorney of JC. Sheriff sends that he informed NB and JC by John Drayton, William Mancer, Richard Lee and William Hedyngham. Day given to all parties at octave of Trinity.

Postea text: [Continuation on CP 40/738, rot 330] Parties come, NB and JC state that the document should be handed to them and not to JM, as the bond was made and delivered into safe-keeping under the following conditions, namely that NB and JC should bring a certain Walter Langelegh to Westminster at the octave of Michaelmas then next; if they did so then the bond should be delivered to them, and if not, then it should be handed to JM. And they say that on 2 October 1443, at Lyngcombe in Devon, JM took WL, and took him to Westminster and kept him there until the octave of Hilary and beyond. Thus they were unable to take him there themselves. JM states that the bond was actually delivered under the condition that if that NB and JC pay 4m to him at Exeter at the time of the next assize, or at the feast of the Assumption next, and another 4m at the following Michaelmas term, then the bond shall be returned to them, and if not it should be delivered to him. And he says that they did not pay the first 4m of this sum, and he seeks the bond and damages. NB and JC repeat that the bond was delivered under the conditions they stated. All parties place themselves on the country. Sheriff to have jury of Westminster here at quindene of Michaelmas.

Postea text: JM came, NB and JC did not come. JM to recover the bond from JO on the default of NB and JC, and damages of 20s from NB and JC.

Case notes: secondary enrolment on CP 40/738, rot 320

Court of Common Pleas, CP 40/736, rot. 121d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Contract (service/employment)

Pleading: Richard Bysshop states that on 22 April 1437 Peter Bysshop made bond with him in £4, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: PB states that he ought not owe this bond, since on that day he made a bond of £4 with RC, payable on condition that if a certain John Thomas serve RB as a tailor well and faithfully from 22 April 1437 for half a year, then the bond would have no effect. He says that he is a man of little learning, and that the bond was read and explained to him in English along with this condition, and he, believing that it contained this condition when in fact it did not, sealed it. He therefore states that this bond, which does not contain this condition, was not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Pledges named. Document to remain in the custody of Henry Fillonghley, king's clerk of the bench, for safe-keeping.

Postea text: Parties come, sheriff did not send writ, sicut prius, to quindene of Trinity 1445.

Court of Common Pleas, CP 40/736, rot. 128

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Gilbert de Syngilton states that on 1 July 1418 William de Haryngton made bond with him in £36 6s 10d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WH states that GS ought not maintain his case, since he says that after the making of this bond, GS, at Kendal in Westmorland, by a document which WH shows in court, dated 20 March 1434, released and quitclaimed for himself and his heirs to WH all actions real and personal, quarrels, trespasses and debts outstanding between them

Pleading: GS states that his case should not cease, since that release was not of his making. Both parties seek enquiry on the country. Sheriff of Westmorland to have jury of Kendal here at Easter three weeks. Release to remain in custody of Robert Darcy, king's clerk of the Bench, for safe-keeping.

Postea text: Document delivered to Thomas Fulthorp, justice of assize. RD quit.

Court of Common Pleas, CP 40/736, rot. 129

Term: Hilary 1445
County: Leicestershire
Writ type: Trespass (against statute)
Damages claimed: £600
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: William Charnels, citing the statute of Henry V against those who use false deeds to contest tenure of property (1 Hen V, c. 3), states that on 25 March 1442, at Newton Burgoland ('Neuton Boteler') Joan Burdet, widow of Nicholas Burdet, Thomas Burdet, Henry Somerloue and Thomas Bosebury, falsely claimed that a certain Nicholas Bruyn and Margaret his wife gave the manor of Bramcote with appurtenances in Warwickshire and Leicestershire to a certain William Lynche and Edward Egeok, intending to disturb his possession and title of that manor, publishing and reading this false charter such that his possession of the manor was disturbed, in contempt of the king, in breach of the statute and to his damage of £600.

Pleading: Joan, by attorney, and the other defendants in person granted licence to imparl to quindene of Easter, with assent of WC.

Postea text: WC came, as did Thomas Burdet and HD, but Thomas Bosebury did not come, and in default, and WC ought to recover his damages. However, since it is not known what damages WC sustained on this occasion, and JB, Thomas Burdet and HS have not yet pleaded, and if their plea is tried by a jury of the country then any damages would be decided by that jury. Therefore assessment of damages and judgment on the default of Thomas Bosebury is postponed. And JB, Thomas Burdet and HS are granted further licence to imparl to octave of Trinity, with assent of WC.

Case notes: For statute, see Statutes of the Realm, II, pp.170-1 (1 Hen V, c. 3)

Court of Common Pleas, CP 40/736, rot. 130

Term: Hilary 1445
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Detention of goods

Pleading: William Wankeford and John Clyfton state that on 23 July 1434 John Falowes made bond with them in £12, but has not paid, to their damage of £20. They show the bond in court.

Pleading: JF states that WW and JC ought not maintain their action, since he says that after this bond was made, by a document of which he shows the other half in court, sealed by the defendants at Hatfield on the same day, they granted that if he paid the money on that day as agreed, or if he was to deliver on that day another bond by which a certain Hugh Wyche was bound to William FitzRichard and John John in £25 15s, together with a related indenture concerning certain conditions, then the bond of £12 shall be null and void. And he states that he delivered these documents to WW and JC on that day.

Pleading: WW and JC state that JF did not deliver these documents to them as he claimed, and therefore their action should continue. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Easter.

Postea text: Parties came, sheriff sent that he had sent this to Roger Davy, bailiff of the liberty of the Bishop of Ely, who had done nothing. Therefore, the sheriff, notwithstanding the liberty, is to have jury here at morrow of Ascension.

Court of Common Pleas, CP 40/736, rot. 136d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Thomas Ledrede states that on 22 May 1437 Robert Nevyll made bond with him in £40, but has not paid, to his damage of 40m. He shows the bond in court.

Pleading: RN states that he should not owe this debt, since this 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 custody of Henry Fylongley, chief king's clerk of the bench.

Court of Common Pleas, CP 40/736, rot. 137d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 26s 8d
Case type: Bond

Pleading: Thomas Tregodek was summoned to answer Alice Saykyn and Thomas Couper on plea that he render to them £13 10s which he owes and unjustly detains. Alice, by attorney, states that on 19 February 1441 TT made bond with her and TC in this £13 10s, but has not paid, to their damage of £10. She shows the bond in court.

Pleading: TT granted licence to imparl to quindene of Easter, with assent of AS.

Postea text: AS came, TT did not come, defaulted. AS to recover debt and damages of 26s 8d, assessed by the court with the assent of AS. TT amerced.

Case notes: Couper named as plaintiff at beginning, but he did not plead, only AS?

Court of Common Pleas, CP 40/736, rot. 224

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Venour states that on 25 July 1443 Thomas Beaufieu made bond with him in 100s, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: TB granted licence to imparl to Easter one month, with assent of WV.

Court of Common Pleas, CP 40/736, rot. 224

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 6s 8d
Costs: 20s
Case type: Bond; Imprisonment

Pleading: Robert Smith states that on 20 June 1444 Thomas Motte made bond with him in 40s, but has not paid, to his damage of 40s. He shows the bond in court.

Pleading: TM states that he should not be bound to this debt, as at this time he was imprisoned by RS and his associates in the parish of St Mary Woolnoth, Langbourn ward, London, and detained there until he made this bond under duress.

Pleading: RS denies this, stating that at the time of the bond TM was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff to have jury here at the quindene of Easter.

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

Postea text: Jury placed in respite to octave of St John the Baptist, nisi prius they come before Richard Neuton, chief justice of the bench, at St Martin le Grand on 11 June 1445. On this day came RS, and RN sent record that on that day, there came before RN and his colleague, John Thornton, both RS and TM, jury came and said that at the time of the bond TM was free and not imprisoned, and made the bond willingly and not under coercion or duress. Damages assessed at 3s 4d, and costs of 20s. Order that RS recover the debt and damages ass assessed by the jury, and also a further 3s 4d assigned by the court for his costs, being a total of 26s 8d. TM amerced.

Court of Common Pleas, CP 40/736, rot. 224d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Richard Loret and Richard Glaswas of Hereford state that on 27 August 1443 Thomas Kyrkeby made bond with them in £12, but has not paid this, to their damage of 100s. They show the bond in court.

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

Court of Common Pleas, CP 40/736, rot. 229

Term: Hilary 1445
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: William Dountton states that on 12 July 1444 he delivered to Augustine Cassyn, at Hadleigh, a certain sealed chest containing various charters and documents, for safe-keeping, to be returned on request, but AC has refused to return the chest and its contents, to his damage of £40.

Pleading: AC states that has not detained this chest and charters as claimed by WD, and he is prepared to defend this. Order that he wager his law at quindene of Easter. Pledges named.

Court of Common Pleas, CP 40/736, rot. 229

Term: Hilary 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Imprisonment

Pleading: William Duntton states that on 4 August 1444 Daniel Justynyan forcibly assaulted him at Hadleigh, beating, wounding, imprisoning and badly treating him, against the peace and to his damage of £40.

Pleading: DJ denies responsibility for this trespass, as claimed by WD. Both parties place themselves on the country. Sheriff of Suffolk to have jury here at quindene of Easter. Pledges named.

Postea text: Parties come, sheriff did not send writ, sicut prius to quindene of Trinity.

Court of Common Pleas, CP 40/736, rot. 229d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Barwyk and Thomas Wyllyford state that on 18 October 1443 Robert Kernell made bond with them in £35, but has not paid, to their damage of £20. They show the bond in court.

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

Court of Common Pleas, CP 40/736, rot. 304

Term: Hilary 1445
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Thornewerk and Thomas Wayte state that on 6 April 1443 Richard Claveryng made two bonds with them, each in £4, but he has not paid either bond, to their damage of 100s. They show the bonds in court.

Pleading: RC states that he should not owe this debt, as the bonds were not of his making. Both parties place themselves on the country. Sheriff to have jury here at the octave of the Purification. Bonds to remain in the custody of Henry Fylongley, king's clerk.

Court of Common Pleas, CP 40/736, rot. 306

Term: Hilary 1445
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods

Pleading: Richard Wey states that on 21 April 1432 he delivered to a certain Isabel Wey for safe-keeping certain chattels, namely three silver plates called 'flat pieces', one standing silver bowl with cover, 18 silver spoons, a covered silver salt cellar, a silver spice box, six tablecloths, 6 towels, one mazer bound and gilded with silver, two mattresses, 12 pairs of sheets, 6 pairs of blankets, six covers and one dagger ('baslard') decorated with silver, all worth £20, to be returned on request. Isabel later married Richard Nordon, and then she died, after which these goods came into the hands of RN, namely on 11 August 1438. However, neither Isabel nor RN have returned these goods, but refuse, to his damage of £40.

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

Postea text: Further licence to imparl, to quindene of Trinity 1445.

Postea text: Parties came, RN states that he does not detain these goods or any part of them, as claimed by RW. He is prepared to defend this, and seeks to make his law immediately, which he does. RW to take nothing for his writ, but is amerced for false claim. RN sent without day.

Case notes: See also CP 40/740 (Hilary 1446), rot 322.

Court of Common Pleas, CP 40/736, rot. 310

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: James Caton states that on 31 May 1443 William Launcelyn made bond with him in £10 14s 5d, but he has not paid, to his damage of £20. He shows the bond in court, saying that it was made in the parish of [incomplete, presumably London].

Pleading: [No further pleading]

Court of Common Pleas, CP 40/736, rot. 311

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Hugh Asshton states that on 10 April 1443 Edward Rothewell made bond with him in 80m, but has not paid, to his damage of 100m. He shows the bond in court.

Pleading: ER granted licence to imparl to quindene of Easter, with assent of HA.

Court of Common Pleas, CP 40/736, rot. 314d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Fauconer states that on 20 October 1432 Geoffrey Cook made bond with him and a certain William Rokesburgh, now deceased, in 10m, but he has not paid, to his damage of £10. He shows the bond in court.

Pleading: GC granted licence to imparl to quindene of Easter, with assent of JF.

Court of Common Pleas, CP 40/736, rot. 321d

Term: Hilary 1445
County: Devon
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault

Pleading: John Palmer states that at Exeter on 29 July 1443 Thomas Tregodek ambushed him, intending to kill him, and assaulted and wounded him, against the peace and to his damage of £100.

Pleading: TT granted licence to imparl to Easter three weeks, with assent of JP.

Court of Common Pleas, CP 40/736, rot. 323

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Simon Strete states that on 18 May 1439 Thomas Turges made four separate bonds with him, each in 5m, payable at the feast of Epiphany over the next five years. However, TT has not paid this, and neither has his executor, Elizabeth Hethe before her marriage to John Hethe, nor the couple after their marriage. This is to his damage of £20. He shows the bonds in court.

Pleading: JH and EH granted licence to imparl to quindene of Easter, with assent of SS.

Case notes: See also various other entries regarding these same debts.

Court of Common Pleas, CP 40/736, rot. 326

Term: Hilary 1445
County: Middlesex
Writ type: Debt (other)
Damages claimed: 10m
Case type: Real action / rents / damage to real estate

Pleading: John Shenefeld states that by an agreement made at Michaelmas 1433 at Westminster, he demised to Morgan Meredith a messuage in East Greenwich called 'Stable' for four years, at an annual rent of 10s, by virtue of which MM held this property for this term, but has not paid this 40s rent, which is in arrears. Also, on that same day, MM placed two men as guests in JS's household, paying 2s per week for their sustenance. They stayed for four weeks, but MM has not paid the 8s owed for this period. JS has requested payment of this total of 48s, but MM has not paid, to his damage of 10m.

Pleading: Concerning the 8s debt for the sustenance of these two men, MM states that he does not owe JS this or any money as he claims. Both parties place themselves on the country. And concerning the 40s debt for the unpaid rent, MM states that JS should not maintain his action, since JS has levied this 40s through various distraints made upon the messuage.

Pleading: JS states that he never levied this 40s from MM by distraints in that messuage. Both parties seek enquiry on country. Therefore, concerning the rents, the sheriff of Kent is to have jury of East Greenwich here at Easter three weeks. And concerning the 8s debt, the sheriff of Middlesex is to have jury here at same term.

Postea text: 10 posteas, neither sheriff sent the writ, to quindene of Michaelmas 1447.

Court of Common Pleas, CP 40/736, rot. 326d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Sale of goods

Pleading: John North states that on 1 May 1440 George Eyr bought from him 21 ells of Brabant cloth, one piece of fustian, 30 ells of crested cloth, two pieces of blue worsted, one diaper, 13 ells of broad cloth and 18¼ ells of narrow cloth, all for £4 7s 6½d, payable on request. GE has paid 47s 6½d, but has not paid the remaining 40s, to his damage of 5m.

Pleading: GE states that he does not owe this or any money as claimed by JN. He seeks to wager his law immediately. This is granted, and he does so. Therefore JN amerced for false claim, GE sent without day.

Court of Common Pleas, CP 40/736, rot. 328

Term: Hilary 1445
County: London
Writ type: Debt (other)
Damages claimed: 20m
Damages awarded: 20s
Case type: Real action / rents / damage to real estate

Pleading: John Bithewater states that by an agreement made in the parish of St Mary Aldermary, London, at Christmas 1439, he demised at farm to Stephen Cary a messuage and appurtenances in Shaftesbury, to hold for five years, at an annual rent of 40s. SC held this property for this term, but the rent of £10 is in arrears and not paid, and SC refuses to pay, to his damage of 20m.

Pleading: SC granted licence to imparl to quindene of Easter, with assent of JB. Pledges named for defendant.

Postea text: 3 further licences to imparl, to octave of Hilary 1446.

Postea text: JB came, SC did not come, and is defaulted. JB to recover debt, and damages of 20s. SC amerced.

Court of Common Pleas, CP 40/736, rot. 328d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: William Houtyng states that at various times between 10 April 1441 and 20 January 1443, Katherine Burgh bought from him beef, veal, mutton and pork for £14 8s 8d, payable on request, but has not paid, to his damage of £20.

Pleading: KB states that she does not owe this or any money to WH as he claims. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter.

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

Court of Common Pleas, CP 40/736, rot. 333

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard Payn states that in London on 23 September 1439 William Pakyn made a bond with him in £100, payable at Salisbury, but while he has paid him £80 of this debt, he has not paid the remaining £20, to his damage of £40. He shows the bond in court.

Pleading: WP states that he should not owe this debt by virtue of this bond, as RP, by an indenture made between him and WP and a certain John Atkin, of which he shows part in court, dated 24 September 1439, conceded that if WP and JA pay him £11 in the church of St Thomas Martyr in Salisbury on 25 March 1440, and £10 13s 4d at the following Michaelmas, and £10 at the following feast of the Annunciation, and £10 at the following Michaelmas, and so on until £81 13s 4d has been paid to RP, then the bond shall be quit, provided that they do not default on any payment in whole or in part. And if they do default, or if they allege that any payment has been made anywhere other than in that church, then the original bond shall stand. And WP states that he and JA fully implemented the terms of this indenture as stated, and will verify this.

Pleading: RP states that his case should continue, as neither WP nor JA paid him the £11 due at Michaelmas 1442 [sic], which he should have been paid according to the agreement.

Pleading: WP states that he did pay RP the 11m due at Michaelmas 1437 [sic], as specified in the indenture. Both parties place themselves on the country. Sheriff of Wiltshire to have jury of Salisbury here at quindene of Easter.

Case notes: The dates given in this pleading are inconsistent. See also rot 451d for a further case against Atkyn by Payn.

Court of Common Pleas, CP 40/736, rot. 333d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Byrom and Hugh Ryche, executors of Simon atte Welle, and Richard Lumlay and his wife Agnes, co-executrix, state that on 18 June 1437 Thomas Crosse, now deceased, made bond with SW in £4, payable at Michaelmas next. However, TC did not pay this to SW or his executors during his lifetime, and nor has Anna Bacheler, TC's executor, or her husband Elias, to their damage of 100s. They show the bond in court, as well as the testamentary letters by which they have executry.

Pleading: Elias and Anna Bacheler granted licence to imparl to quindene of Easter. Pledges named for defendants.

Postea text: 7 further licences to imparl, to octave of Hilary 1447.

Court of Common Pleas, CP 40/736, rot. 334

Term: Hilary 1445
County: London
Writ type: Debt (account)
Damages claimed: 20m
Case type: Reckoning of account

Pleading: William Tounlond and Robert Welwyk, executors of Thomas Osbarn, state that on 2 June 1440 Alice Shirfeld, while she was a single woman, accounted before William Milis and Nicholas Elmede, auditors, regarding various sums of money received by her while serving as receiver for TO, and she was found to be in arrears by £17. However, neither Alice while a single woman, nor WS after their marriage, have paid this sum to either TO or his executors, and they still detain this, to their damage of 20m. They show in court the testamentary letters by which they have executry.

Pleading: William and Alice Shirfeld state that WM and NE were never appointed by TO to hear the account of AS, as the executors claim. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter.

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

Case notes: Further case between these parties on CP 40/746, rot 322.

Court of Common Pleas, CP 40/736, rot. 336d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Joan, former wife and executor of Richard Bokeland, and Richard Quatermayns, John Melbourne, Thomas Rothewell, John Kempley, Thomas Pounde and John Coggeshale, her co-executors, state that on 8 July 1420 John Aberhale, now deceased, made bond with RB in £30. JA did not pay this before his death, and nor has his wife Perina, either before or after her marriage to John Cheyne, either to RB himself or his executors. This is to their damage of £40. They show the bond in court, along with the testamentary letters of RB by which the plaintiffs, together with John Tirell, now deceased, and Richard Caudray, who is not prosecuting, had executry.

Pleading: John and Perina Cheyne granted licence to imparl to quindene of Easter.

Postea text: 11 further licences to imparl, to quindene of Hilary 1448.

Court of Common Pleas, CP 40/736, rot. 337

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: John Derby states that on 13 May 1441, Matilda, now wife of Odo Vyvyan and formerly wife of Thomas Kendale, when she was a single woman, made bond with him in £60, payable at All Saints' next, but neither Matilda while single, nor OV after their marriage have paid this debt, to his damage of £100. He shows the bond in court.

Pleading: OV and MV granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/736, rot. 340

Term: Hilary 1445
County: Staffordshire
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 4m
Case type: Bond

Pleading: Walter Wyrley states that on 20 September 1442 Thomas Wynchecombe made bond with him in 40s [place omitted], but has not paid, to his damage of 100s. He shows the bond in court.

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

Pleading: [continued at Easter 1445, rot 109d] TW states that he should not owe this debt, since the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Bond to remain in custody of Henry Fylongley, king's clerk, for safe-keeping.

Postea text: Bond delivered to William Yelverton, justice of assize in Staffordshire. HF quit.

Postea text: Process continued, jury in respite to octave of Michaelmas, nisi prius they come before the justices of assize at Stafford on 30 July 1445. WW came, justices of assize send record that on that day, before William Yelverton and Richard Byngham, justices, WW came, TW did not come, in default. Jury came, state that the bond was made by TW in the form given by WW. Damages and costs assigned to WW at 4m.

Case notes: Continued on CP 40/737, rot 109d.

Court of Common Pleas, CP 40/736, rot. 356

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Heworth and Stephen Broun state that on 12 September 1440 Robert Holgrave made two bonds with them, each in £7, but has not paid either, to their damage of £10. They show the bonds in court.

Pleading: Robert Holgrave granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/736, rot. 356d

Term: Hilary 1445
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 40s
Case type: Loan; Sale of goods

Pleading: John Sturgeon states that on 8 July 1437 John Selman bought from him three woollen kerchiefs and four umple kerchiefs for 35s 8d, payable on request, and also, on the same day, he borrowed from him a further 4s 4d, also payable on request. However, Selman has not paid this total of 40s, to his damage of 40s.

Pleading: John Selman granted licence to imparl to Easter one month. Pledges named for defendant.

Postea text: 3 further licences to imparl, to quindene of Hilary 1446.

Court of Common Pleas, CP 40/736, rot. 356d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas Canynges states that on 10 February 1442 Nicholas Wolvey made four separate bonds with him, each in £7 10s and totalling £30, but has not paid any of them, to his damage of £10. He shows the bonds in court.

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

Case notes: See also CP 40/737 rot 136d.

Court of Common Pleas, CP 40/736, rot. 397

Term: Hilary 1445
County: Surrey
Writ type: Other
Damages claimed: -
Case type: Real action / rents / damage to real estate

Pleading: Clemence, prioress of Haliwell, seeks against John Neell a messuage and six acres of land in Camberwell and Lambeth, which he owes at a certain service and which ought to revert to the prioress according to the form of the statute of common council, since JN has not performed this service for two years. She states that JN holds this property of her by right of her church by homage and fealty, and by an annual rent of 5s 1d, and by service of suit of court at her manor of 'Frerencourt' in Camberwell (Friern Camberwell) every three weeks. This had been held by the prioress and her predecessors successively, namely the homage and fealty as of fee and right, and the rents and suit in demesne as of fee, by the hand of JN and his predecessors in that property, until JN ceased making this, from Michaelmas 1442 to the date of the original writ, 3 January 1445.

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

Postea text: Further licence to imparl, to octave of Trinity 1445.

Court of Common Pleas, CP 40/736, rot. 397d

Term: Hilary 1445
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100s
Damages awarded: 20s
Case type: Bond; Loan

Pleading: John Bavant states that on 20 November 1432 Thomas Trevyngey made bond with him in 20s, and also borrowed a further 20s, but has not paid either debt, to his damage of 100s. He shows in court the indenture containing the bond [recited in full].

Pleading: TT states that, regarding the alleged loan of 20s, he says that he does not owe this or any money to JB as he claims, and he is prepared to defend this. Order that he wager his law at quindene of Easter. Pledges named. And regarding the other 20s, he says that the matter contained in the indenture is insufficient in law for TT to maintain any action against him, or to which he needs to respond.

Pleading: JB states that since the matter in the indenture is sufficient for him to maintain his action, and that TT has therefore made no reply, he seeks judgment and delivery of the debt and damages for default of response. And since the justices are not advised of their judgment, day is given at the same term. Pledges named for the defendant.

Postea text: JB came by attorney, TT did not come to wager law. Justices examine case, and decide that the matter in the indenture is sufficient for JB to maintain his case, despite the allegations of TT. Order that JB recover both his debt of 20s for which TT failed to wager his law, and the 20s contained in the indenture, and 20s in damages and costs for both debts. TT amerced.

Postea text: By virtue of a writ of error dated at Westminster on 8 May 1445 and directed to Richard Neuton, record and process and everything else touching this case and TT is sent before the king.

Court of Common Pleas, CP 40/736, rot. 437

Term: Hilary 1445
County: London
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: £20
Case type: Real action / rents / damage to real estate; Sale of goods

Pleading: John Burgoyn states that on 21 December 1441 in the parish of St Mary Aldermary, London, he demised at farm to John Love his manor of Walton, Buckinghamshire, to hold from Michaelmas 1442 for one year, at a rent of £21. Also, on the same day, JL bought from TB 40 carts of hay for £9, payable on request, but JL has not paid either sum, totalling £30, to his damage of £20.

Pleading: JL granted licence to imparl to quindene of Easter, with assent of TB. Pledges named.

Postea text: Further licence to imparl, to quindene of Trinity 1445.

Court of Common Pleas, CP 40/736, rot. 448d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Joan, former wife and executor of Richard Bokeland, and Richard Quatermayns, John Melbourne, Thomas Rothewell, John Kempley, Thomas Pounde and John Coggeshale, her co-executors, state that on 8 July 1420 John Aberhale, now deceased, made bond with RB in £30. JA did not pay this before his death, and nor has his wife Perina, either before or after her marriage to John Cheyne, either to RB himself or his executors. This is to their damage of £40. They show the bond in court, along with the testamentary letters of RB by which the plaintiffs, together with John Tirell, now deceased, and Richard Caudray, who is not prosecuting, had executry.

Pleading: JC and PC granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: 11 further licences to imparl, to quindene of Hilary 1448

Court of Common Pleas, CP 40/736, rot. 451

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Richard Payn states that on 17 July 1439 William Pakyn and John Alman made bond with him in £100, but have not paid, to his damage of £100. He shows the bond in court.

Pleading: WP and JA granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/736, rot. 451

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William Lovell, grandson of Matilda, formerly Lady Lovell and Holand, was summoned to answer John Roger, senior, son and executor of John Roger, and John Howelyn and William Russell, co-executors, on plea that he render £40 which he unjustly detains. The executors of John Roger state that on 9 June 1417 Matilda Lovell, mother of John, father of William Lovell, made bond with John Roger the testator in £40, payable at the following octave of Hilary. However, neither Matilda nor her grandson William have paid this sum, either to JR or to his executors, to their damage of £40. They show the bond in court, and also the testamentary letters by which they have executry and administration.

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

Postea text: Further licence to imparl to quindene of Trinity 1445

Court of Common Pleas, CP 40/736, rot. 453d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Joan, former wife and executor of Richard Bokeland, and Richard Quatermayns, John Melbourne, Thomas Rothewell, John Kempley, Thomas Pounde and John Coggeshale, her co-executors, state that on 8 July 1420 John Aberhale, now deceased, made bond with RB in £26 12s 9d. JA did not pay this before his death, and nor has his wife Perina, either before or after her marriage to John Cheyne, either to RB himself or his executors. This is to their damage of £40. They show the bond in court, along with the testamentary letters of RB by which the plaintiffs, together with John Tirell, now deceased, and Richard Caudray, who is not prosecuting, had executry.

Pleading: JC and PC granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: 11 further licences to imparl, to quindene of Hilary 1448

Court of Common Pleas, CP 40/736, rot. 462

Term: Hilary 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40m
Case type: Taking of goods

Pleading: Thomas Harryes states that on 24 December 1444 John Danyell and his wife Joan forcibly took and carried away goods and chattels of his, namely two green gowns and two blue gowns, worth £20, against the peace and to his damage of 40m.

Pleading: John and Joan Danyell deny responsibility for this trespass as claimed by TH. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Pledges named for defendants.

Postea text: Parties come, sheriff did not send writ, sicut prius to quindene of Trinity.

Court of Common Pleas, CP 40/736, rot. 462d

Term: Hilary 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: William Rous, for himself and the king, citing the terms of the Statute of Labourers, states that on 12 September 1444 he retained Agnes Danyell to serve him as a maid for one year, but on 1 October 1444 she left that service without permission or reasonable cause, and entered the service of John Danyell, who, despite requests, has refused to restore her to WR's service, in contempt of the king, against the statute and to his damage of £10.

Pleading: John Danyell states that Agnes Danyell was never retained to serve WR as he claims.

Pleading: WR states that AD was retained by him, as he has claimed. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Easter. [Pledges names omitted]

Postea text: 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1445.

Court of Common Pleas, CP 40/736, rot. 462d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Harowe states that on 31 July 1443 John Abbot made four bonds with him, each in 40s, but has not paid any of them, to his damage of 100s.

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

Court of Common Pleas, CP 40/736, rot. 465

Term: Hilary 1445
County: London
Writ type: Debt (bond); Debt (other)
Damages claimed: £10
Case type: Bond; Real action / rents / damage to real estate

Pleading: Katherine, widow and executor of Simon Felbryg, and John Baker, co-executor, were summoned to answer John Spenser on plea that they, with Oliver Groose and John Damme, render to him £11 16s which they unjustly detain. John Spenser states that on 6 June 1421 Simon Felbryg made bond with him in £8 16s, and also, on the same day demised a house in St Giles Cripplegate to him for three years, at an annual rent of 20s, which SF then held for that term. However, neither SF nor his executors have paid this bond or the rent, to a total of £11 16s, and to his damage of £10. He shows the bond in court.

Pleading: KF and JB granted licence to imparl to quindene of Easter.

Pleading: [Mesne process follows regarding Spenser's same plea against the other two executors, who did not come. Sheriff to take them, not found, sicut prius to same term.]

Case notes: See also similar case on same rotulet. Also CP 40/737, rot 130

Court of Common Pleas, CP 40/736, rot. 465

Term: Hilary 1445
County: London
Writ type: Debt (bond); Debt (other)
Damages claimed: 40s
Case type: Bond; Real action / rents / damage to real estate

Pleading: Katherine, widow of Simon Felbryg, and John Baker, executors of SF, himself executor of Roger Felbryg, were summoned to answer John Spenser on plea that they, with Oliver Groose and John Damme, render to him 40s which they unjustly detain. John Spenser states that on 1 July 1427 Simon Felbryg made bond with him in 26s 8d, and also, on the same day demised a house in St Giles Cripplegate to him for two years, at an annual rent of 6s 8d, which SF then held for that term. However, neither SF nor his executors have paid this bond or the rent, to a total of 40s, and to his damage of 40s. He shows the bond in court.

Pleading: KF and JB granted licence to imparl to quindene of Easter.

Pleading: [Mesne process follows regarding Spenser's same plea against the other two executors, who did not come. Sheriff to take them, not found, sicut prius to same term.]

Case notes: See also similar case on same rotulet. Also CP 40/737, rot 130

Court of Common Pleas, CP 40/736, rot. 478

Term: Hilary 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: £100
Case type: Breach of Statute; Debt; Maintenance

Pleading: John Penne, citing a statute against the unlawful maintenance of legal cases, states for himself and the king that on the Thursday after the octave of Michaelmas (8 October) 1444, in St Mary Colechurch parish, London, Bertram Questenborgh and Christian Vanblekyn, unlawfully maintained and sustained a case being pleaded in the Bench between JP and a certain Henry Sandrop concerning a debt of £127 10s which JP owed to HS, on behalf of HS. This was in contempt of the king, against the statute, and to his damage of £100.

Pleading: BQ and CV granted licence to imparl to quindene of Easter, with assent of JP.

Postea text: Further licence to imparl to octave of Trinity 1445.

Court of Common Pleas, CP 40/736, rot. 478d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Richard Lee states that on 18 March 1444 John Dene made bond with him in £14, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: Continued on CP 40/738, rot 402d (Trinity 1445)] JD states that states that he should not be bound to this debt, as at this time he was imprisoned by RL and his associates at Dartford in Kent, and detained there until he made this bond under duress.

Pleading: RL denies this, stating that at the time of the bond JD was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury here at the octave of Michaelmas.

Postea text: Further licence to imparl to octave of Trinity 1445.

Case notes: Continued on CP 40/738, rot 402d (Trinity 1445). See also similar cases, different defendants, on rots 485 & 485d.

Court of Common Pleas, CP 40/736, rot. 479

Term: Hilary 1445
County: London
Writ type: Other
Damages claimed: 100m
Case type: Bond; Negligence

Pleading: John Blaunche states that on 3 October 1434 Robert Hughson, John Iveson, John Warner, John Thomson, John Aleynson and Alan Wace made a recognisance before John Wodethorp, Mayor of the Staple of the town of Boston that they were bound to John Blaunche and a certain Thomas Russell, now deceased, in £50, according to the statute staple, payable at Michaelmas 1436. However, on that date they did not pay this sum, nor any part of it, so Blanche, by a certificate in the king's Chancery from the said mayor of the staple at Westminster on 22 October 1438, had a writ out of Chancery under the great seal on 3 July 1443, returnable at the quindene of Michaelmas 1443 and directed to John Sotill, former sheriff of Lincolnshire, ordering him to take the debtors if they were lay people and keep them in prison until Blanche had been satisfied of the debt, and also to assess their property within the county and seize it into the king's hands, until the debt can be paid to Blanche and Russell. On the strength of this writ, on 17 September 1443, at Boston, Sotill arrested John Aleynson by the hand of William Gray, Sotill's servant, and kept him in his custody until, on 22 November 1443, when, in the parish of St Christopher le Stocks, Broad Street ward, London, he freed him from his custody without satisfying Blanche of the original debt. For this reason, Blanche judges that he ought to have this £50 from Sotill, but he will not pay, to his damage of 100m.

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

Postea text: 5 further licences to imparl, to octave of Trinity 1446.

Case notes: Related process on the arrest of Hughson and other details on CP 40/741, rot 318.

Court of Common Pleas, CP 40/736, rot. 479d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: The Abbot of Newenham and William Sharp, in his own person and as attorney for the abbot, states that on 4 November 1440 William Person made bond with them in £20, but has not paid, to their damage of £40. They show the bond in court.

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

Court of Common Pleas, CP 40/736, rot. 480d

Term: Hilary 1445
County: London
Writ type: Debt (other)
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: John Horn states that on 17 June 1438 he gave and demised at farm to John Hertilpole of Henley a messuage called 'The Lamb' in the parish of St Mary at Hill, Billingsgate ward, London, for a term of two years, at an annual rent of £4. Hertilpole occupied the property for that period, but has not paid this rent of £8, to his damage of £40.

Pleading: John Hertilpole states that on the day of Horn's original writ he was living at 'Colbroke' in Oxfordshire, and not at Henley on Thames, as claimed in the writ. He is prepared to verify this, and seeks judgment on the original writ.

Pleading: Horn states that his writ should continue, as on the day of the original writ, namely [omitted], Hertilpole was living in Henley as he originally claimed. Both parties seek enquiry on the country. Sheriff of Oxfordshire to have jury of Henley here at Easter three weeks.

Court of Common Pleas, CP 40/736, rot. 485

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Richard Lee states that on 18 March 1444 John Blakenale made bond with him in £14, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: Continued on CP 40/738, rot 418 (Trinity 1445)] JB states that he should not be bound to this debt, as at this time he was imprisoned by RL and his associates at Dartford in Kent, and detained there until he made this bond under duress.

Pleading: RL denies this, stating that at the time of the bond JD was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Dartford here at the octave of Michaelmas.

Postea text: Further licence to imparl, to octave of Trinity 1445.

Case notes: Continued on CP 40/738 rot 418 (Trinity 1445). See also similar cases, different defendants, on rots 478d and 485d.

Court of Common Pleas, CP 40/736, rot. 485

Term: Hilary 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Peter Tath states that on [date omitted] at London in [place omitted], John Jurdan forcibly assaulted him at East Brentford, against the peace and to his damage of £20.

Pleading: John Jurdan denies responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at [omitted]. Pledges named for defendant.

Case notes: Confused entry - partially gives two places for the assault.

Court of Common Pleas, CP 40/736, rot. 485d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Richard Lee states that on 18 March 1444 Richard Coke made bond with him in £14, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: Continued on CP 40/738, rot 418d (Trinity 1445)] JB states that he should not be bound to this debt, as at this time he was imprisoned by RL and his associates at Dartford in Kent, and detained there until he made this bond under duress.

Pleading: RL denies this, stating that at the time of the bond JD was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Dartford here at the octave of Michaelmas.

Case notes: Continued on CP 40/738, rot 418d (Trinity 1445). See also similar cases, different defendants, on rots 478d and 485.

Court of Common Pleas, CP 40/736, rot. 487

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Nicholas Carrewe states that on 26 October 1438 made bond with him in £20, but has not paid, to his damage of £100. He shows the bond in court.

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

Court of Common Pleas, CP 40/736, rot. 487

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard D[…] states that on 20 January 1440, in London (name of parish lost), William Walshe made bond with him in 20m, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WW 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 custody of Henry Fylongley, king's clerk, for safe-keeping.

Case notes: Text damaged by damp.

Court of Common Pleas, CP 40/736, rot. 491

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Hatherley states that on 2 December 1439 John Wavton made bond with him in £100. JW has paid £60 of this debt, but has not paid the remaining £40, to his damage of £20. He shows the bond in court.

Pleading: JW granted licence to imparl to quindene of Easter. [Names of some pledges recorded, but then erased.]

Postea text: 2 further licences to imparl, to quindene of Michaelmas 1445.

Case notes: See also other entry on this rotulet.

Court of Common Pleas, CP 40/736, rot. 491

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Damages awarded: 10m
Costs: £10
Case type: Bond

Pleading: John Hatherley states that on 2 December 1439 John Wavton made bond with him in £100, but has not paid, to his damage of 100m. He shows the bond in court.

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

Pleading: [continued on CP 40/739, rot 316 (Michaelmas 1445). Damaged.] JW states that he should not owe this debt, since it was agreed between them that if ? William Rempston, co-debtor with JW, deliver cloth of gold worth £80, then the bond shall be cancelled [terms damaged and unclear]. And he is a man of little learning, and after the bond was read to him in these terms, he sealed it. Therefore, this bond, which does not contain this provision, was not of his making. Both parties on the country. Sheriff to have jury here at octave of Hilary. Bond to remain in custody of Robert Darcy. Same pledges named.

Postea text: [on CP 40/736] 2 further licences to imparl, to quindene of Michaelmas 1445.

Postea text: [on CP 40/739] Sheriff did not send writ, sicut prius to quindene of Easter.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1446. JH came, JW did not come. Mainpernors to be taken. Jury did not come, in respite to morrow of All Souls nisi prius they come before Richard Neuton and Nicholas Ayssheton, justices, at St Martin le Grand on 27 October 1446. On 20 October bond delivered to RN, RD quit. On morrow of All Souls, JH came, justices send record that JH came before RN and NA, jury came, said bond was made by JW, as JH claimed. Damages assigned at 10m, and costs of £10. JH to recover debt of £100, and damages of 25m. JW to be taken.

Postea text: Staynford, Serby and Gyles seek to make fine with the king, granted at 2s each, on pledge of Bedston and Hood, and quit.

Postea text: JH acknowledges satisfaction of the debt and damages. JW quit. JW seeks to make fine with the king, granted for 13s 4d. Gylys and Bedston named as pledges.

Case notes: Continued on CP 40/739 (Michaelmas 1445), rot 316 (damaged). See also other entry on the present rotulet.

Court of Common Pleas, CP 40/736, rot. 491d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Richard Pynchebeke states that on 10 April 1435 Joan Asteley bought from him various pieces of linen cloth for £4 10s 4d, payable on request. However TA has not paid, to his damage of 40s.

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

Court of Common Pleas, CP 40/736, rot. 491d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Richard Pynchebeke states that on 15 May 1437 Thomas Asteley bought from him a worsted bed called a 'hanging bed' ('hongyng bed') and another bed of white worsted called a 'hanging bed' for 40s, payable on request. However TA has not paid, to his damage of 40s.

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

Court of Common Pleas, CP 40/736, rot. 498

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Matthew Foucher states that on 13 March 1443 Richard Strace made bond with him in £10, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RS states that he should not be bound to this debt, as at this time he was imprisoned by CL and his associates at 'Herst' in Sussex, and detained there until he made this bond under duress.

Pleading: MF denies this, stating that at the time of the bond RS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Sussex to have jury of 'Herst' here at quindene of Easter.

Postea text: 7 posteas, sheriff did not send writ, to quindene of Easter 1447.

Court of Common Pleas, CP 40/736, rot. 503

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Philip Howell states that on 8 October 1442 William Lynde bought from him 18 pieces of linen cloth for £10 10s 4d, payable on request, but has not paid, to his damage of 100s.

Pleading: WL states that he does not owe PH this or any money as claimed. Ordered that he wager his law at quindene of Easter. Pledges for law named.

Postea text: Parties came, WL wagered his law as ordered. PH amerced for false claim. WL sent without day.

Court of Common Pleas, CP 40/736, rot. 503

Term: Hilary 1445
County: Middlesex
Writ type: Debt (bond); Debt (loan)
Damages claimed: 40s
Case type: Bond; Loan

Pleading: John Dereham states that on 26 April 1440 John Goderych made bond with him in 26s 8d, payable at the feast of St Bartholomew the Apostle, and also borrowed from him a further 13s 4d, payable on request. However, he has not paid this total of 40s, to his damage of 40s

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

Postea text: 3 further licences to imparl to octave of Hilary 1446.

Court of Common Pleas, CP 40/736, rot. 503

Term: Hilary 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Taking of goods

Pleading: Thomas Cornew[…] states that on 6 July 1444 Andrew Body and Roger Eyston forcibly carried off goods and chattels of his, namely six [lost] and four iron hooks ('hamos') worth 40s, against the peace and to his damage of 100s.

Pleading: AB and RE granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/736, rot. 503d

Term: Hilary 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Damages awarded: £3
Costs: £4
Case type: Assault; Housebreaking

Pleading: William Neweton states that on 29 October 1444 Thomas Brydde forcibly broke into his house in St Martin Vintry, London, and assaulted his servant John Castenet, beating him etc, so that he was deprived of his service from that 29 October until the date of his original writ, namely 1 January 1445. This was against the peace and to his damage of £10.

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

Postea text: Further licence to imparl, to quindene of Trinity 1445

Postea text: WN came, TB did not come, but made default. WN seeks judgment, conviction and damages on this default. Since the court deems it necessary that they know more about the damages before coming to judgment, it is ordered to the sheriff of London that he enquire as to the damages sustained by WN on this trespass, and his costs in this action, and to inform the court at the quindene of St John the Baptist next. WN came, sheriff reported that in an inquisition held before him at the Guildhall on 8 July 1445, it was found that WN sustained damages of £3, and £4 in costs and expenses. Therefore ordered that WN recover these £7 against TB as assessed. TB to be taken.

Case notes: Interesting - damages assessed by separate inquisition.

Court of Common Pleas, CP 40/736, rot. 503d

Term: Hilary 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Mershford, administrator of the goods of John Foweler, states that on 28 January 1433 Richard Heryot made bond with John Foweler in £20, payable on the vigil of St Peter ad Vincula next. However, he did not pay JF, and nor has he paid him as his administrator, to his damage of £10. He shows the bond in court, as well as the letters of administration granted to him by William North, commissary general appointed by Master Zenobius Malakyn, Dean of the church of St Mary le Bow during the vacancy in the see of Canterbury.

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

Case notes: See also CP 40/737 rot 145

Court of Common Pleas, CP 40/736, rot. 505d

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 10m
Case type: Sale of goods

Pleading: William Gayler states that on 21July 1442 John atte Hale bought from him 8 quarters of malt and 47 sacks for £4 18s 6d, payable at [omitted], but has not paid, to his damage of 10m.

Pleading: JH states that he does not owe this or any money as claimed. Ordered that he wager his law at [omitted] of Easter. Pledges named.

Court of Common Pleas, CP 40/736, rot. 508

Term: Hilary 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 10s
Case type: Sale of goods

Pleading: Robert Sampton states that on 14 September 1437 Robert Bonde bought from him one green bed ('lectum'), one linen cloth called in English a 'painted cloth' and six [sets of] bedding for 40s, payable on request. However, RB has not paid, to his damage of 40s.

Pleading: RB states that he does not owe RS this or any money as claimed. Ordered that he wager his law at quindene of Easter. Pledges of law named

Postea text: RB made essoin, to Easter 5 weeks. RS made essoin, to quindene of Trinity.

Postea text: RS came, RB did not come. RS to recover debt against RB, and damages of 10s assigned by the court. RB amerced.

Court of Common Pleas, CP 40/736, rot. 508

Term: Hilary 1445
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Richard Wildebore states that on 20 December 1444 Ralph Toby accounted before John Gayrstang and Thomas Skuowle, auditors, for various sums received by him on behalf of RW, and was found to be in arrears by £14 20d. RT has still not paid this sum to RW, to his damage of £10.

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