CP40/748: Hilary term 1448

Court of Common Pleas, CP 40/748, rot. 062d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Bond

Pleading: William Berwyk states that on 7 August 1446 Richard Gofair made bond with him in £6 18s 8d, but has not paid, to his damage of 100s. He shows the bond in court.

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

Postea text: WB came, RG did not come, in default. Order that WB recover debt, and damages at 13s 4d. RG amerced.

Postea text: WB acknowledged satisfaction of the debt and damages, RG quit.

Court of Common Pleas, CP 40/748, rot. 085

Term: Hilary 1448
County: Norfolk
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Trespass (chattels)

Pleading: Robert Elmham states that on 3 January 1445, at Scottow, John Hacunblen forcibly killed a certain horse belonging to him worth 6m, against the peace and to his damage of 10m.

Pleading: JH denies responsibility for this trespass as claimed. Both parties on the country. Sheriff to have jury here at quindene of Easter. JH appoints Henry Hikkes as attorney.

Postea text: 3 posteas, sheriff did not send writ, to octave of Hilary 1449.

Court of Common Pleas, CP 40/748, rot. 105

Term: Hilary 1448
County: Leicestershire
Writ type: Other
Damages claimed: £100
Case type: Real action / rents / damage to real estate

Pleading: Peter and Katherine Bovauntre and Richard and Alice Pochon state that they, together with the defendants, John and Margaret Coleyn, hold the manor of Barkeby in Leicestershire, by the right of KB, AP and MC, as daughters and heirs of William Willughby. However, although two parts pertain to the plaintiffs, the defendants have refused to allow a division of the property to take place, to their damage of £100.

Pleading: JC and MC state that the plaintiffs ought not maintain their action, as Richard Dey, vicar of Barkby, and John Whatton were formerly seised of this manor with appurtenances, and thus seised granted it to WW and Alice his wife, to their sons William and John, and to Margaret, wife of John Coleyn, their daughter, and the legitimate heirs of their bodies. By virtue of this, they were seised of the property in fee tail, and WW, AW, WW and JW all died, and Margaret survived, and thus was solely seised in fee tail.

Pleading: The plaintiffs, not recognising the gift of the aforesaid Dey and Whatton, state that WW the father was solely seised in his demesne as of fee, and had issue of the three daughters, KB, AP and MC, and died so seised. The manor then descended to the three daughters as co-heirs.

Pleading: JC and MC repeat that WW, his wife, sons and daughter MC had joint seisin of the property, as they claimed. All parties on the country. Sheriff to have jury here at quindene of Easter.

Pleading: [continued at Michaelmas 1448, rot 644] [First two pleadings largely identical] Plaintiffs state that WW was solely seised of this manor in his demesne as of fee, and had issue (the three daughters), and died thus seised, and the manor thus passed to the three daughters as co-heirs, and not that RD and JW made the grant as claimed. They seek judgment and partition of the manor.

Pleading: JC and MC repeat that RD and JW granted the manor to WW and Alice his wife, and to their sons and to MC their daughter. Parties on country, jury here at octave of Hilary 1449.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1448. Parties come. Having heard the pleas, it seems to the justices that the response of the plaintiffs to the claims of the defendants is not sufficient in law. Writ to summon jury cancelled, parties to plead again. On roll for Michaelmas 1448, rot 644.

Postea text: [on CP 40/751, rot 644] 3 posteas, sheriff did not send writ, to octave of St John the Baptist 1449.

Postea text: Jury in respite to quindene of Michaelmas 1449, nisi prius they come before the justices of assize at Leicester on 1 October 1449. On this day, parties come, justices send record that on that day, before John Portyngton and Richard Chaterley, justices, the parties came, some of jury came [named], all others did not come. Jury therefore placed in respite to octave of Hilary 1450, as did not come.

Case notes: See continuation on CP 40/751, rot 644.

Court of Common Pleas, CP 40/748, rot. 108d

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Damages awarded: 40s
Costs: 60s
Case type: Assault; Imprisonment

Pleading: William Marchall states that on 9 March 1447 Richard Sangyll, together with Robert Broker, forcibly assaulted him in London, and imprisoned him, for two hours, against the peace and to his damage of £20.

Pleading: RS denies responsibility for this trespass as claimed. Both parties on the country. Sheriff to have jury here at the octave of the Purification.

Postea text: Process continued, jury in respite to Easter five weeks 1448, nisi prius they come before Richard Neuton, CJCP, at St Martin le Grand on 19 April 1448. WM came, justices send record that on that day, before RN and John Danyell, parties came, jury said that RS is responsible for the assault and imprisonment as claimed by WM. Damages assigned at 40s, costs at 60s. Also, they say that RS is not responsible for the rest of the trespass as claimed by WM. Order that WM recover damages at total of 100s. RS to be taken, WM also amerced for false claim on the rest, and RS quit.

Case notes: For equivalent case against Broker, see CP 40/751, rot 84.

Court of Common Pleas, CP 40/748, rot. 112

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: John Abbot senior states that on 13 September 1446 John Abbot junior made bond with him in 6m, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JA junior states that he should not be bound to this debt, as at this time he was imprisoned by JA senior and his associates in the parish of St Martin Ludgate, and detained there until he made this bond under duress.

Pleading: JA senior denies this, stating that at the time of the bond JA junior was not imprisoned, and made the bond freely and not under any duress. Enquiry on the country. Sheriff to have jury here at the quindene of Easter.

Court of Common Pleas, CP 40/748, rot. 114d

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £30
Case type: Housebreaking; Taking of goods

Pleading: Thomas Kyrkeby states that on 18 October 1443 David Rede forcibly broke into his house in London and took and carried off goods to the value of 10m, namely one piece of linen cloth of 'Nyperveldys', 3 pieces of Brabant cloth, one piece of 'Guttyngs', two pieces of 'strayte flemmys', and 3½ yards of blue buckram, against the peace and to his damage of £30.

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

Postea text: 2 further licences to imparl, to octave of Michaelmas 1448.

Court of Common Pleas, CP 40/748, rot. 115d

Term: Hilary 1448
County: London
Writ type: Debt (loan)
Damages claimed: 10m
Case type: Loan

Pleading: Robert Clyderowe states that on 10 February 1443 Richard Waryn borrowed 6m from him, payable on request, but has not repaid this, to his damage of 10m.

Pleading: RW states that he does not owe this or any money as claimed. Seeks to make his law immediately, and does so. RC to take nothing, amerced for false claim. RW sent without day.

Court of Common Pleas, CP 40/748, rot. 116d

Term: Hilary 1448
County: Sussex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction

Pleading: John Langport states that on 20 July 1446 John Croppyng forcibly took and abducted Thomas Marys, his servant, at Climping, so that he lost his service from that day until the date of his original writ, namely 6 September 1447. This was against the peace, and to his damage of £20.

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

Postea text: Further licence to imparl to quindene of Trinity 1448.

Court of Common Pleas, CP 40/748, rot. 119d

Term: Hilary 1448
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Loan

Pleading: Richard Glover and John Stone state that on 27 January 1445 John Couper made two bonds with them, each in £8 10s, and also borrowed from them a further 40s, payable on request. However, he has not paid any of these debts, to their damage of £20. They show the bonds in court.

Pleading: Concerning the two bonds, JC states that these bonds were not of his making. Parties on the country. And regarding the 40s loan, he states that he does not owe this or any money to them as claimed. Sheriff to have jury here at quindene of Easter. Pledges named.

Postea text: Sheriff did not send writ, to quindene of Trinity.

Court of Common Pleas, CP 40/748, rot. 120d

Term: Hilary 1448
County: London
Writ type: Account
Damages claimed: £100
Case type: Contract (service/employment); Reckoning of account

Pleading: Robert Elmham states that John Petyt was receiver of money for him from 16 September 1444 until 12 December 1444, and during that time he received, in St Antholin's parish, London, £10 from the hands of Herman Wesell, £20 5s from John Everday, 40s from Robert Elmham, £3 12s from John Broun, 48s from William Hert, 26s 8d from William Wylde, 44s 10 from Richard Harpour, £17 5s from Bernard Portynghale, and £22 from James de Barde, all to the use and profit of RE. He was to produce reasonable account for this money for RE, but has not done so, and refuses, to his damage of £100.

Pleading: JP states that he never was receiver of money for RE, for which he should have rendered account as claimed. Parties on the country. Sheriff to have jury here at Easter 3 weeks. Pledges named.

Postea text: Process continued, jury in respite to morrow of St John the Baptist 1448, nisi prius they come before Richard Neuton CJCP at St Martin le Grand on 7 June 1448. On this day, RE came, RN sent record that on that day, before RN and John Danyell, RE came, JP did not come, in default. Jury said that JP was receiver for RE as RE claimed. Order that JP account with RE for this money. JP amerced.

Case notes: Another case between these on CP 40/751, rot 322d

Court of Common Pleas, CP 40/748, rot. 121

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William Weley states that on 1 March 1445 John Reynewell, now deceased, made bond with him in £546 8s 4d. JR satisfied him of £460 8s 4d during his life, but neither JR during his life, or John Newerk, to whom administration of the goods and chattels of JR was granted by the Archbishop of Canterbury at North Lambeth, have paid the remaining £86, to his damage of £40.

Pleading: John Newerk, protesting that the bond was not made of JR, states that he should not be held to this debt, as he has made full administration of the goods formerly of JR, has none remaining in his hands, and had none on the day of WW's original writ.

Pleading: WW states that on the day of his original writ, namely 20 October 1447, JN had various goods formerly of JR still in his hands, sufficient to pay this debt, namely at Horsenden. Enquiry on the country. Sheriff of Buckinghamshire to have jury of Horsenden here at quindene of Easter.

Postea text: 2 posteas, sheriff did not send writ, to octave of St John the Baptist 1448.

Court of Common Pleas, CP 40/748, rot. 128

Term: Hilary 1448
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: Richard Berde states that on the feast of Ascension 1445 (6 May 1445) Thomas Barre, now deceased, delivered to William Holt, Stephen Tichemersh and John Sely for safe-keeping two sealed chests containing various documents concerning 2 messuages, 100 acres of land, 12 acres of meadow and 40 acres of pasture with appurtenances of the aforesaid Richard Berde in Milton Keynes. These were to be returned to RB or his heirs on request, but they have not returned these, and refuse, to his damage of £100.

Pleading: WH, ST and RS state that they cannot deny the action, but that they were always ready, and still are ready, to deliver these chests. Order that RB recover the chests and charters. Defendants not amerced, as they came on the first day. Defendants deliver the chests and documents here in the court, and are quit.

Court of Common Pleas, CP 40/748, rot. 128d

Term: Hilary 1448
County: London
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: Hugh Chambernon states that John Bevys was his receiver of money from Easter 1447 until Pentecost next, and during that time, in the parish of St Margaret Moses, London, he received £9 from the hands of Henry Clyffe, to the use and profit of Chambernon. For this he was to render reasonable account, but he has not done so, and refuses, to his damage of £10.

Pleading: JB states that he was never receiver of Chambernon in the form in which he claims. Parties on the country. Sheriff to have jury here at quindene of Easter. Pledges named.

Court of Common Pleas, CP 40/748, rot. 130

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Robert Bortyn and Stephen Marchaunt state that on 19 February 1445 John Dyne made bond with them in £4 15s 6d, but has not paid, to their damage of £10. They show the bond in court.

Pleading: JD states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in the parish of St Mary Abchurch, London, and detained there until he made this bond under duress.

Pleading: RB and SM deny this, stating that at the time of the bond JD was not imprisoned, and made the bond freely and not under any duress. Enquiry on the country. Sheriff to have jury here at the octave of the Purification.

Postea text: Sheriff did not send writ, to quindene of Easter.

Court of Common Pleas, CP 40/748, rot. 130d

Term: Hilary 1448
County: Essex
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Detention of goods

Pleading: Katherine de la Pole, Abbess of Barking, states that on 24 November 1444 John Jonson made bond with her in 75s, but has not paid, to his damage of 100s. She shows the bond in court.

Pleading: JJ states that he ought not be held to this bond, as at this time he made a certain bond to the abbess in 75s on certain conditions, namely that if he returned to the abbess's park at Tyburn certain animals taken from there in the form of a distraint for 75s, or return other beasts to that value, then the bond shall be cancelled. He says that he is a man of little learning, and that this bond was read to him in English as containing this condition, and he believing this, sealed it. Therefore this bond, not containing this condition, is not of his making. Parties on the country. Sheriff to have jury here at Easter three weeks. Document to remain in custody of Robert Darcy for safe-keeping.

Postea text: Writ arrived too late, to quindene of Trinity.

Court of Common Pleas, CP 40/748, rot. 131

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: Edward Brook, Lord Cobham, states that on the second Monday in Lent (6 March) 1447 John Symmyng made bond with him in £40, payable in the church of St Dunstan in the East on the Wednesday in the week of Pentecost next. However, he has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JS states that he should not be bound to this debt, as at this time he was imprisoned by EB and his associates in Saffron Walden, and detained there until he made this bond under duress.

Pleading: EB denies this, stating that at the time of the bond JS was not imprisoned, and made the bond freely and not under any duress. Enquiry on the country. Sheriff of Essex to have jury here at the quindene of Easter.

Postea text: Sheriff did not send writ, to octave of Trinity 1448.

Postea text: Process continued, jury in respite to octave of Hilary 1449, nisi prius they come before William Ayscough JCP at Hatfield Broad Oak on 12 December 1448. On this day, JS came, WA sent record that on that day, before WA and John Knayton, JS came, EB did not prosecute his action. EB and pledges amerced, JS sent without day.

Court of Common Pleas, CP 40/748, rot. 131d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Bodvill states that on 18 November 1443 Edmund Hogon made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: EH states that he ought not owe this dent, as on that day he did make a bond in £20 with WB, on the condition that if he pay the debt at 3s 4d per week until he had paid a total of £9 6s 6d, and if he should deliver to WB at the feast of the Purification 1444 4 carts of hay amounting to £4, then the bond should be cancelled, otherwise he should pay the bond. And he is a man of little learning, and the bond was read to him in English as containing this condition, and he sealed it believing this. Therefore this bond, not containing this condition, was not of his making. Parties on country. Sheriff to have jury here at octave of the Purification. Bond in custody of Robert Darcy.

Postea text: 5 posteas, sheriff did not send writ, to quindene of Easter 1449.

Court of Common Pleas, CP 40/748, rot. 133d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 13s 4d
Costs: 26s 8d
Case type: Bond

Pleading: John Arcall states that on 26 January 1447 John Huntyngdon, alias John Charderowe, made bond with him in £4, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JH seeks to hear the bond and endorsement, and these are read. The terms of the endorsement state that if JH should pay this £4 to JA in the church of All Hallows the Great in the following form, namely 10s at Easter 1447, 10s at the Nativity of St John the Baptist 1447, 10s at Michaelmas 1447, 10s at Christmas 1447, and so on until the debt is paid, then the bond shall be cancelled; if he should default, or if he should claim that payments were made or acquittances given anywhere other that the church of All Hallows, then the bond shall remain in force. And JH states that he has made these payments in full accordance with these terms.

Pleading: JA, protesting that JH has not paid him any money as claimed in this endorsement, states that JH did not pay him the 10s due at Easter according to the terms of the endorsement.

Pleading: JH states that he did pay JA the 10s due at Easter 1447, according to the terms of the endorsement. Parties on country. Sheriff to have jury of All Hallows the Great here at octave of the Purification.

Postea text: Sheriff did not send writ, to morrow of Ascension.

Postea text: JA came, JH did not come, jury in respite to quindene of Martinmas, nisi prius they come before Nicholas Ayssheton, JCP, at St Martin le Grand, on the Thursday after the feast of St ?Edward the king, as jury did not come.

Postea text: JA came, justices sent record that on that day, before NA and Robert Clay, JA came, jury said that JH did not pay JA the 10s due at Easter 1447. Damages assigned at 6d 8d, costs at 26s 8d. Order that JA recover the debt of £4, damages of 33s 4d, and a further 6s 8d assigned by the justices, 40s in total.

Case notes: Another case on CP 40/743 rot 501d.

Court of Common Pleas, CP 40/748, rot. 137d

Term: Hilary 1448
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: John Danyell states that on 18 August 1447 Thomas Smyth borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 40s.

Pleading: TS states that he does not owe JD this or any money as claimed. Order that he wager his law at quindene of Easter. Pledges for law named. Pledges for appearance named.

Postea text: Parties come, TS makes his law. JD to take nothing, amerced for false claim. TS sent without day.

Court of Common Pleas, CP 40/748, rot. 138d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Linton states that on 31 December 1440 William Martyn made bond with him in £10, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: William Martyn granted licence to imparl to Easter three weeks, with assent of TL. Pledges named.

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

Court of Common Pleas, CP 40/748, rot. 223d

Term: Hilary 1448
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 40m
Case type: Housebreaking; Taking of goods

Pleading: Thomas Grene states that on 9 January 1447 William Lee forcibly broke his close and house at Borwash (or Burwash-Court, in Plumstead) and took and carried away goods to the value of £20, namely 20 carts of timber and 9 carts of firewood, against the peace and to his damage of 40m.

Pleading: WL denies responsibility for this trespass as claimed. Parties on country. Sheriff to have jury here at quindene of Easter.

Postea text: Sheriff did not send writ, to quindene of Trinity.

Court of Common Pleas, CP 40/748, rot. 302d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Master Fulk Bermyngham states that on 15 July 1446 John Polhampton made bond with him in £40, but has not paid, to his damage of 100m. He shows the bond in court.

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

Postea text: 15 further licences to imparl, to octave of Hilary 1452.

Court of Common Pleas, CP 40/748, rot. 307

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Beke and William Fallan state that on 9 September 1443 Thomas de la Warderope, alias Thomas de Warderobe, staying in the household of Humphrey, Earl of Stafford, made bond with them in £9 17s, but has not paid, to their damage of £20.

Pleading: TW states that this bond was not of his making. Parties on the country. Jury at quindene of Easter. Bond in custody of Henry Felongley for safe-keeping.

Postea text: 2 posteas, sheriff did not send writ, to octave of Michaelmas 1448.

Court of Common Pleas, CP 40/748, rot. 309

Term: Hilary 1448
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Real action / rents / damage to real estate

Pleading: Thomas Niche states that on 10 October 1442 he demised to Richard Feryer one house with appurtenances in the parish of St Mary le Bow, London, for two years, at an annual rent of 20s. RF held this property for this period, but has not paid this 40s rent, to his damage of 100s.

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

Pleading: [continued at Easter 1448, rot 119] RF states that he ought not owe this debt, as by a release which he shows in court, dated at Colchester on 26 August 1444, TN, by the name of Thomas Nycche, released him from all personal actions, suits and demands outstanding between them before that date.

Pleading: TN states that this release was not of his making. Enquiry by the country. Sheriff of Essex to have jury of Colchester here at octave of Trinity. Release to remain in custody of Henry Fylongley for safe-keeping.

Postea text: Sheriff did not send writ, to octave of St John the Baptist.

Postea text: Release delivered to John Fortescu, justice of assize, HF quit.

Postea text: Release returned to HF.

Postea text: Release returned to defendant, as process discontinued, HF quit.

Case notes: Continued on CP 40/759, rot 119.

Court of Common Pleas, CP 40/748, rot. 311

Term: Hilary 1448
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Thomas Niche states that on 8 November 1445 William Duke bought from him three pieces of cloth called 'long buckram', two pieces of cloth called 'card', two dozen threads called 'Cologne thread', four pieces of cloth ('flammeolarum') called 'laundes', 100 ells of cloth called 'Champagne cloth', 150 ells of cloth called [omitted], two pieces of cloth called 'Holland cloth', 41 ounces of thread called [omitted], 31 yards of cloth called [omitted], 21 yards of cloth called 'bolting cloth', and two pieces of cloth called 'shore fustian', all for £22 9s 8d, payable on request. TN acknowledges that he has been satisfied of £6 9s 1d, but has not received the remaining £16 7d, to his damage of £20.

Pleading: WD states that he does not owe TN this or any money as claimed. Ordered that he wager his law at quindene of Easter. Pledges for law named. Attorney to have him here.

Court of Common Pleas, CP 40/748, rot. 311d

Term: Hilary 1448
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Thomas Grey states that on 26 February 1437 William Thirske bought from him three tuns of red wine for 24m, payable on request. He acknowledges satisfaction of 20m 6s 8d, but he has not received the remaining 46s 8d, to his damage of £20.

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

Court of Common Pleas, CP 40/748, rot. 312d

Term: Hilary 1448
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Robert Drynker states that on 12 September 1446 Thomas Cok forcibly assaulted his servant John Drynker at Plumstead, for which he was deprived of his service for one month. This was against the peace, and to his damage of £20.

Pleading: Thomas Cok, defendant, denies responsibility for this trespass as claimed. Parties on country. Jury here at quindene of Easter.

Case notes: See also rot 318.

Court of Common Pleas, CP 40/748, rot. 313

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Thomas Doge states that on 10 August 1445 John Clerk made bond with him in £42, but has not paid, to his damage of 100m. He shows the bond in court.

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

Pleading: TD states that on the day of his original writ, namely 20 September 1447, JC was living at Exeter, as the writ supposes. Enquiry by the country. Sheriff of Devon to have jury of Exeter here at octave of Trinity.

Pleading: [continued at Easter 1448, rot 405d] JC states that on the day of TD's original writ he was living at Dartmouth in Devon, and was not living, or ever afterwards lived, at Exeter, as the writ states.

Postea text: [on CP 40/749, rot 405d] Sheriff did not send writ, to octave of Michaelmas 1448.

Case notes: Continued on CP 40/749, rot 405d

Court of Common Pleas, CP 40/748, rot. 316

Term: Hilary 1448
County: London
Writ type: Debt (sale of goods)
Damages claimed: £30
Damages awarded: 20s
Case type: Sale of goods

Pleading: John Steel states that on 11 July 1444 John Byker bought from him two butts of Rumney and two empty barrels for £10 6s 8d, payable on request, but has not paid, to his damage of £30.

Pleading: JB states that he does not owe JS this or any money as claimed. Order that he wager his law at Easter three weeks. Pledes for law named.

Postea text: JS came, JB made essoin to quindene of Trinity.

Postea text: JS came, JB did not come. Order that JS recover debt, and damage at 20s. JB amerced.

Court of Common Pleas, CP 40/748, rot. 316

Term: Hilary 1448
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: William Broun states that on [date omitted] Alice Sprotte bought from him 12lb pepper, 1lb saffron, 1lb cloves, 1lb grains of paradise ('greynys'), 2lb ground cinnamon and 2lb ground ginger for 47s 3d, payable on request, but has not paid, to his damage of £10.

Pleading: AS, by attorney [name omitted] granted licence to imparl to quindene of Easter.

Court of Common Pleas, CP 40/748, rot. 318

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Damages awarded: 10m
Costs: 6m
Case type: Abduction

Pleading: Thomas Cok states that on 20 January 1446, in London, Robert Drynker forcibly took and abducted Richard Drynker, his son and apprentice of Cok, against the peace and to his damage of £20.

Pleading: RD denies the trespass as claimed. Parties on country. Jury here at Easter 3 weeks.

Postea text: Sheriff did not send writ, to quindene of Trinity 1448.

Postea text: Jury in respite to morrow of St John the Baptist 1448 nisi prius they come before Richard Neuton, CJCP, at St Martin le Grand on 21 June 1448. Parties come, justices send record that on that day, before RN and John Danyell, parties came, some of jury came, others did not. 10 appear, rest of panel withdrawn as they hold no free tenement in the city. Jury in respite to quindene of Michaelmas, for default of jury.

Postea text: Jury in respite to octave of Martinmas 1448, nisi prius they come before RN and John Portyngton, justice, at St Martin le Grant on 15 November 1448. On this day, parties come, JP sent record that on that day, before JP and Thomas Folketon, Thomas Cok came, RD did not come, but Thomas Coke (presumably the attorney of RD) showed royal letters patent of protection dated 12 November 1448 [recited in full], stating that RD was in the service of Richard Vernon, Treasurer of Calais, and granting him protection for one year. Then Thomas Cok (presumably the plaintiff) shows further letters, dated 18 November 1448 [recited in full; see CPR 1446-52, p.204], cancelling these letters of protection, as RD was not entering the king's service, but was lingering at Plumstead. Jury in respite to octave of Hilary 1449, nisi prius they come before RN and JP at St Martin le Grand on 23 November 1448, as jury did not come.

Postea text: Thomas Cok came, JP sent record that on that day, before JP and TF, parties came, jury said that RD was responsible for this trespass, as claimed by Cok. Damages assigned at 10m, costs at 5m. Order that Cok recover these damage, and another 13s 4d assigned by the court, to a total of 16m. RD to be taken.

Postea text: Record and process on this case summoned before the king, by writ of error dated 25 January 1449, directed to John Prisot.

Case notes: See also rot 312d.

Court of Common Pleas, CP 40/748, rot. 318d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Simon Strete states that on 18 May 1438 Thomas Turgis, now deceased, made bond with him in 4m, but he did not pay, and nor has John Chayny, appointed as administrator of TT at Aylesbury by John Crosseby, commissary of William, Bishop of Lincoln, to his damage of £20. He shows the bond in court.

Pleading: John Chayny states that he ought not owe this debt, as long before the date of the original writ of SS he had fully administered all the goods formerly of TT, and had none remaining in his hands.

Pleading: SS states that on the day of his original writ, namely 21 December 1447, Chayny had various un-administered goods formerly of TT in his hands sufficient to pay this debt, namely in the parish of St Antholin, London. Enquiry on country. Jury here at quindene of Easter.

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

Case notes: See also other cases on same debts, CP 40/737 rot 322, CP 40/749 rot 405, and CP 40/754, rot 319.

Court of Common Pleas, CP 40/748, rot. 319

Term: Hilary 1448
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Safe keeping; Taking of goods

Pleading: Robert Dodyngton states that on 31 August 1446, in Peckham, Everard Frere forcibly found, took and carried off a certain bag belonging to him containing £40 of minted money, against the peace and to his damage of 100m.

Pleading: EF denies force and arms. On country. Concerning the rest, EF states that long before the supposed trespass, on the king's highway at Peckham, RD lost this bag containing £40, and it was found by a certain Richard Fauconer, who, not knowing to whom it belonged, took it into his safe-keeping in order to return it to his owner. He later brought it to EF's house in the parish of St Michael Wood Street, London, and told him that he had found it, and EF asked to take the bag into his safe-keeping, in order to find the owner, and RF duly handed it to him. He therefore had it following this request to RF, and did not take it and carry it away, as claimed by RD.

Pleading: RD states that EF is responsible for taking and carrying off the bag and the £40 within it, as he has claimed. Enquiry on country, jury here at quindene of Easter.

Court of Common Pleas, CP 40/748, rot. 322d

Term: Hilary 1448
County: Sussex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Alice, widow and executor of Thomas Janyn of Chichester, states that on 23 July 1422 Walter Hudde, now deceased, made bond with Thomas Janyn, also now deceased, in £8. However, he did not pay TJ or Alice, his widow and executor, and nor have the executors of WH, Richard Chaundeler (the defendant) and Alice, widow of WH, or Alice's new husband, Robert Morle, to her damage of £10. She shows the bond in court, and the testamentary letters of TJ, by which she is executor and has administration.

Pleading: RC states that he was never executor of WH, and never administered any goods formerly of WH on the day of his death.

Pleading: Alice states that RC administered various goods formerly of WH after his death, as executor of his will, namely at Chichester. Enquiry on country. Jury here at Easter one month.

Court of Common Pleas, CP 40/748, rot. 323

Term: Hilary 1448
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Thomas Damme states that on 3 January 1448 he delivered a certain chest containing various documents to Elena Damme for safe-keeping, to be returned on request. However, she has not returned these, and refuses, to his damage of £20.

Pleading: ED admits the action, but states that she has always been prepared to return the chest and charters. Order that TD recover the chest and documents from ED. ED not amerced, as she came on the first day. ED returns the chest here in court, and is quit.

Court of Common Pleas, CP 40/748, rot. 323d

Term: Hilary 1448
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 10s
Case type: Sale of goods

Pleading: Thomas Broun states that on 13 May 1447 William Hawekyn bought from him six bullocks for 47s, payable on request, but has not paid, to his damage of 40s.

Pleading: WH states that he does not owe this or any money to TB as claimed. Order that he wager his law at quindene of Easter, pledges for law named. Attorney to have him here.

Postea text: WH made essoin, to quindene of Trinity.

Postea text: TB came, WH did not come. Order that TB recover debt, and damages of 10s. WH and pledges amerced.

Postea text: TB acknowledges satisfaction of debt and damages. WH quit.

Court of Common Pleas, CP 40/748, rot. 328

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Sale of goods; Taking of goods

Pleading: James Fynaunce states that on 11 June 1443 Robert Botyller forcibly broke into his house in London, and took and carried off goods to the value of 20m, namely one bed with three curtains, one canopy and one tester of red and white striped worsted, another bed with three red and green striped curtains, two caps of 'black of Lyre', one covered silver bowl ('ciphum'), and one small piece of silver and gilt, against the peace and to his damage of £20.

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

Pleading: [continued at Hilary 1449, rot 333] RB denies force and arms, and everything except the housebreaking. Parties on country. Regarding the housebreaking, he states that the case ought not proceed, as that house is, and at the time of the alleged trespass was, a place where beer was sold by servants of JF to anyone who came in. At the time of the trespass this place was a common tavern for selling beer, and he simply entered the house to buy beer.

Pleading: JF repeats that on that day RB forcibly broke into this house, as he claimed, against the peace. Enquiry on the country, jury here at quindene of Easter.

Postea text: 3 further licences to imparl, to octave of Hilary 1449.

Postea text: [on CP 40/752, rot 333] 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1449

Case notes: Continued on CP 40/752, rot 333.

Court of Common Pleas, CP 40/748, rot. 328d

Term: Hilary 1448
County: Yorkshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: John Benyngton, Hugh Bernard, William Chapman and Robert Benyngholm state that on 28 December 1445 Thomas Burn, together with others unknown, namely 12 armed men, conspired to kill them and assaulted them at Hedon in Holderness, against the peace and to their damage of £40.

Pleading: TB denies force and arms, and everything except the assault, beating and wounding. Parties on country. And regarding the remainder, he states that on that day, the plaintiffs assaulted him at Hedon and continued as far as Preston, and he was simply defending himself.

Pleading: Plaintiffs repeat that on that day TB and others assaulted them at Hedon, as they claimed. Enquiry on country. Jury of Hedon here at quindene of Easter.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Hilary 1449.

Court of Common Pleas, CP 40/748, rot. 330d

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Thomas Mavyell states that on 30 November 1439 William Pencrych, now deceased, made bond with him in £20, payable in St Paul's at Easter 1440. However, he did not pay this debt, and neither has John Holwyll, the defendant, appointed as his administrator by Alexander Prowet, commissary general of John, Archbishop of Canterbury, in the parish of St Gregory, Castle Baynard ward, London. This is to his damage of 20m.

Pleading: JH states that he has made full administration of all the goods and chattels formerly of WP, and had none left in his hands on the day of TM's original writ.

Pleading: TM states that on the day of his original writ, namely 6 October 1447, JH still had various un-administered goods in his hands formerly of WP to the value of this £20 sufficient to pay this debt, namely in the parish of St Nicholas Shambles, London. Enquiry on country. Jury of St Nicholas Shambles here at quindene of Easter.

Postea text: 5 posteas, sheriff of London did not send writ, to quindene of Easter 1449.

Court of Common Pleas, CP 40/748, rot. 332

Term: Hilary 1448
County: London
Writ type: Other
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: William Lumlay and Nicholas Gilberd and his wife Elizabeth, daughter of WL, amerced for many defaults. The defendants were summoned to respond to William Hille and his wife Margaret on plea that they hold to an agreement concerning two shops with solars built above them, and all appurtenances in the parish of St Edmund the King and Martyr, Langbourn ward, London, namely between the large inn which Benedict Boromei held of WL and inhabited to the west and the tavern called the Bell which Robert Rasyn formerly held of WL to the east, as well as all those tenements of WL and Elizabeth with cellars, solars and appurtenances which Richard Welles formerly held of WL in St Clement's Lane in that same parish, which lie between a small house which John Scarburgh once held of WL to the north and another house which John Hayne once held of WL and is now held by James Henry to the south, which property WL and Elizabeth demised to WH and MH for the term of their lives, according to the terms of a certain indenture made between them. He states that WL and Elizabeth, while Elizabeth was still single, by a charter made in St Edmund's parish, London, on 27 May 1443, of which they show the part sealed by WL and Elizabeth here in court, granted and confirmed to them these shops and tenements, to hold for the term of their lives, or either of them, or for one year after the deaths of either WH or MH, at an annual rent of 5m during the lives of WH and MH. Should this rent ever be in arrears, in whole or in part, and if they cannot make distraint to this value, then WL and Elizabeth or their heirs may re-enter the property, while WL and Elizabeth would keep the properties in good repair, and will warrant their possession against anyone as necessary. By virtue of this grant they were seised in their demesne as of free tenement, until afterwards Elizabeth married NG, and then WL, NG and Elizabeth, on 20 January 1446, unjustly expelled them, against the form of the charter. They have thus broken the agreement, and refuse to adhere to it, to their damage of £40.

Pleading: WL, NG and Elizabeth granted licence to imparl to quindene of Easter, with assent of WH and MH.

Postea text: 2 further licences to imparl, to Michaelmas one month, with assent.

Court of Common Pleas, CP 40/748, rot. 402

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Honythorn and Thomas Racheford state that on 14 March 1444 Thomas Hertwell made bond with them in 4m, but has not paid, to their damage of £20.

Pleading: TH shows in court a writ of supersedeas directed to the justices, dated 6 February 1448 [recited in full], citing the privilege of officers of chancery and their servants to be tried before the Chancellor rather than in other courts. It states that TH is a servant of the Chancellor, John, Archbishop of Canterbury, and thus orders the justices to halt this action and advise the plaintiffs to sue before the Chancellor if they wish. After this was read, TH states that he is a servant of the Chancellor, and was on the day of the original writ.

Pleading: JH and TR state that the privileges used by TH to get this writ were intended for chancery clerks and their servants and ministers, and the household servants constantly attendant on the Chancellor. TH, however, was not such a servant on the date of their original writ, namely 10 October 1447.

Pleading: TH states that on the day of the original writ, and afterwards, he was a household servant of the Chancellor, and attendant upon him, namely in London in the parish of St Benet Gracechurch, Bridge ward. Parties on country, jury here at quindene of Easter.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1448.

Court of Common Pleas, CP 40/748, rot. 405

Term: Hilary 1448
County: London
Writ type: Other
Damages claimed: £40
Damages awarded: 26s 8d
Costs: 5m 6s 8d
Case type: Real action / rents / damage to real estate

Pleading: William, Garter King of Arms, states that on 5 June 1447, in the court held at the Guildhall in the parish of St Lawrence Jewry, before William Abraham and Thomas Scot, sheriffs, according to the customs and liberties of the city, he began a suit of assize of fresh force against Richard Dodde concerning the novel disseisin of free tenements in the parish of St Mary Fenchurch in London, as a result of which a jury of 12 men was summoned to be before the sheriffs and coroners at the Guildhall on 14 October 1447. RD was also summoned to be there. On that day, WB claimed that RD disseised him of 20 messuages in St Mary Fenchurch, within forty days before the levying of his suit. RD then said that the assize should not be taken, as a certain Roger Moyne was seised of these 20 messuages, and then enfeoffed them to John Sabyn, William Wyther and John Wolsale, by virtue of which enfeoffment they held the property, and granted it to John Sabyn, draper, who in turn enfeoffed a certain Henry Somer, who held it until he was disseised by WW. WW then enfeoffed a certain John Smert, who in turn enfeoffed WB, the plaintiff. By virtue of this, WB held the property until Somer re-entered possession, who in turn was dispossessed when RD re-entered the property. Somer afterwards, by a document sealed with his seal which RB showed in court, dated in London on 31 May 1447, released to RD all his claims and rights in this property, by virtue of which RD was seised in his demesne as of fee, and WB should be precluded from his assize. And WB, plaintiff, not acknowledging anything said, states that Roger Moyne was seised of this property, and enfeoffed John Sabyn, vicar of Longhope, WW, John Sabyn and JW, who held the property. JS, JS and JW all died seised, after which WW, seised alone, enfeoffed John Halle, Thomas Fowlthorp, Robert Whityngham, Richard Bokelond, Lewis John, Ralph Barton, William Ash, Thomas Whityngham, John Cromhale, John Fekenham and William Garnet, who thus held it. John Halle later died seised, and the others then, by a charter dated 9 July 1434 and shown in court, released their claims to John Cromhale and John Fekenham. These two then held the property until JF died, and JC then enfeoffed WW, John Page, goldsmith, and John Smert. By virtue of this enfeoffment, they were thus seised, and WW and JP died, after which Smert, solely seised, enfeoffed WB the plaintiff. He was therefore seised in his demesne as of fee until RD unjustly disseised him, and not as RD has claimed, and he seeks his assize. RD then states that WW disseised Somer, as he had formerly alleged. Both parties placed themselves on the assize. The assize then came and said that WW did not disseise Somer, as RD alleged, and also they say that WB was seised of this property until RD unjustly disseised him, but not forcibly, and that no goods of WB were taken by RD during the disseisin. Damages assigned at 100s, and costs at 10m. It was ordered that WB recover his seisin, and his damage and costs to a total of £11 13s 4d, and RD was amerced. However, RD has not paid this sum, to his damage of £40.

Pleading: RD states that on the day of the original writ he was a yeoman, and was not, and never was afterwards a barber as the writ supposes. Seeks judgment on the writ.

Pleading: WB states that on the day of his original writ, namely 16 October 1447, RD was a barber, as the writ states. Enquiry by the country. Jury here at quindene of Easter.

Postea text: 3 posteas, sheriff did not send writ, to octave of Hilary 1449.

Postea text: WB came, RD did not come, in default, jury in respite to octave of the Purification, as did not come.

Postea text: Jury in respite to quindene of Easter 1449 nisi prius they come before John Prysot, CJCP at St Martin le Grand on 25 February 1449. On this day, WB came, Prysot sent record that on that day, before him and Thomas Shotbolt, justices, WB came, jury came, stated that on the day of the original writ Rd was a barber, as the writ supposed. Damages assigned at 26s 8d, costs at 5m. Order that WB recover debt and damages, and a further 6s 8d costs assigned by the justices, to a total of 100s. RD amerced.

Postea text: RD committed to the Fleet.

Court of Common Pleas, CP 40/748, rot. 408

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: John, Prior of Newnham, states that on 12 August 1445 John Brele forcibly broke the closes of the prior at Salph ('Renhold Salpho'), Ravensden and Goldington, and cut down and carried off trees and underwood to a value of £20, namely 400 oaks, 200 elms and 20 carts of underwood, cut and carried off crops worth 10m, namely wheat, barley, beans and oats, and destroyed his grass, and dug up the soil in 100 acres of land and took away 20 cartloads of soil, against the peace and to his damage of £40.

Pleading: JB denies force and arms, and the entire trespasses in Ravensden and Goldington. Parties on country. Concerning the rest of the trespasses in Salph, he states that the prior ought not maintain his action, as the king was formerly seised of 2 messuages, 2 tofts, 232 acres of land, 8 acres of meadow, 12 acres of pasture and 6 acres of wood in Salph, parcel of the town of Renhold, and by letters patent dated 2 June 1445, which recited how Richard II granted this property to a certain Stephen Romyle, as the property formerly held by Hamo Flamvyle in Renhold, to the value of 10m per annum, and how in consideration of the good service done by John Brele, the king granted this property to JB, to a value of 10m, for the life of JB, as SR formerly held for his life. By virtue of these letters JB states that he entered the property and broke the closes, cut the trees, etc, as seemed his right. He seeks the aid of the king.

Pleading: The Prior concedes that JB may have the aid of the king. Order that JB receive the help of the king. Day given at octave of the Purification.

Postea text: Day given at octave of Trinity.

Postea text: Parties come, king sends letters to the justices [recited, repeating text of preceding pleadings], ordering that the justices hear the case according to the law, notwithstanding the terms of the grant to JB. JB asked to make further plea. Granted licence to imparl to morrow of All Souls.

Postea text: Further licence to octave of Hilary 1449.

Court of Common Pleas, CP 40/748, rot. 409d

Term: Hilary 1448
County: London
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: £10
Case type: Real action / rents / damage to real estate; Sale of goods

Pleading: Thomas Nyche states that on 12 April 1446 he demised at farm to John Sager one house in the parish of St Mary le Bow, London, to hold from [omitted] for three years, at an annual rent of 20s. JS held this property for this term, but has not paid the 60s due. Also, on the same day JS bought from him two pieces of linen cloth called 'busk' containing 91 ells, two pieces of raw linen cloth containing 99 ells, and 48 ells of Brabant cloth, all for £6 8s 2d, payable on request, which JS has also not paid. This is to his damage of £10.

Pleading: Concerning the £6 8s 2d, JS states that he does not owe TN this or any money as claimed. Makes his law instantly. TN to take nothing, but amerced for false claim, JS sent without day. And regarding the other 60s, he states that TN did not demise this property to him to hold for three years as he claims. Parties on the country. Jury here at quindene of Easter. Pledges named.

Postea text: 18 posteas, sheriff did not send the writ, to octave of Michaelmas 1452.

Case notes: Unless the rental agreement was retrospective, the defendant could not have held the property for three years from April 1446, given that the case is being heard in Hilary 1448.

Court of Common Pleas, CP 40/748, rot. 411

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking

Pleading: Robert Stokker and Nicholas Gylle amerced for many defaults. John Welles states that on 9 September 1447 RS and NG forcibly broke into his house in the parish of St Andrew Hubbard, London, and assaulted him, against the peace and to his damage of £40.

Pleading: RS and NG deny responsibility for this trespass as claimed. Parties on country. Jury here at quindene of Easter.

Court of Common Pleas, CP 40/748, rot. 420d

Term: Hilary 1448
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Real action / rents / damage to real estate

Pleading: Thomas Swayne states that on 4 April 1442 demised to John Malpas a house with appurtenances in the parish of St Sepulchre, London, to hold for 6½ years at an annual rent of 20s. JM held this property for this term, for which he owes TS £6 11s (sic), but has not paid, and refuses, to his damage of £20.

Pleading: JM states that TS did not demise this property to him in the form claimed. Parties on country, jury here at quindene of Easter. Pledges named.

Postea text: 12 posteas, sheriff did not send writ, to quindene of Easter 1451.

Court of Common Pleas, CP 40/748, rot. 436

Term: Hilary 1448
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Thomas Staunton states that on 2 November 1444 Richard Stanbrigge borrowed 40s from him, payable on request, but has not repaid this, to his damage of 40s.

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

Pleading: [continued at Easter 1448, rot 281] RS states that he does not owe TS this or any money as claimed. Enquiry by country, jury here at octave of Trinity.

Postea text: Sheriff did not send writ, to octave of St John the Baptist.

Court of Common Pleas, CP 40/748, rot. 436

Term: Hilary 1448
County: Cambridgeshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: Thomas Gylmyn states that on 24 September 1445 John Cosyn broke his close and house in Croxton and took and carried off goods to the value of £20, namely 20 quarters of barley, 40 quarters of peas, 10 quarters of oats and 10 quarters of wheat, against the peace and to his damage of £20.

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

Court of Common Pleas, CP 40/748, rot. 501d

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Real action / rents / damage to real estate; Taking of goods

Pleading: James Fynaunce states that on 11 June 1443 Thomas Lisours, Dean of St Paul's, forcibly entered a certain messuage in the parish of St Gregory by St Paul's, which Thomas and Anna Stoneherst had demised to JF on 12 February 1438, to hold for 19 years at an annual rent of 17s payable to the Dean and Chapter of St Paul's, which term had not ended, and took and carried off goods of JF to the value of £40, namely one long box, one 'standardum' (standing chest?) covered with black leather and fastened with white iron, one spruce-wood chest, two gowns, one of crimson and one of violet lined with marten fur, one robe ('diploidem') of black damask, four black hoods, four tablecloths, two towels, four pairs of linen sheets, one pair of fustians, two pairs of blankets ('lodicum'), three covers, three girdles bound with silver, one dagger called a baslard, three books of 'parish courses' ? ('libras de paryssh corsys'), one pair of reading tables ('tabularum lectualem'), one cupboard with two compartments ('almorys'), one round table with one compartment ('almery'), three tapestries (pannos de opere pict'), three Flemishwork screens ('latys') and one cistern ('plumbum') with a long pipe under the ground, against the peace and to his damage of £100.

Pleading: The Dean states that he ought not respond, as JF is an alien from the county of Blois in the realm of France under the allegiance of the king's enemies, and has entered England without letters of safe conduct.

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

Postea text: 17 further licences to imparl, to octave of Trinity 1452

Court of Common Pleas, CP 40/748, rot. 502

Term: Hilary 1448
County: London
Writ type: Other
Damages claimed: £100
Case type: Contract (general); Detention of goods

Pleading: Thomas, Prior of Holy Trinity, was summoned to answer John Rous regarding a plea that he render to him 5 silk gowns, 2002 'conventual' loaves, 2002 gallons of the best 'conventual' beer, 2002 kitchen dishes, 500 faggots of wood, and £11, the arrears of an annuity of 1 gown, 364 loaves, 364 gallons of beer, 364 dishes, 100 faggots of wood and 40s, which he owes. Parties come by attorney, day given at octave of Trinity. JR states that on 10 April 1441 John Sevenoke, former Prior of Holy Trinity, and the convent of the same granted to him by their sealed charter for his good service the aforementioned annuity for the term of his life, namely one silk gown per year, the same as those worn by the servants of the house, 7 white breads and 7 gallons of beer per week, and one meal per day, and 100 faggots of wood per year, and a pension of 40s per year, payable at the four usual terms in London. He was seised of this annuity until 5½ years before the date of his original writ, 5 October 1447, when the present prior and convent withdrew this annuity and refused to pay it. They still refuse, to his damage of £100. He shows in court the sealed charter of the priory [recited], granting him a tenement in St Katherine Cree parish, lying between the tenement held of the priory by Robert Porter to the south and the street leading to the church of St Katherine at a place known as Bevis Marks to the north, and abutting on the garden which Hugh Cardican held at farm of the prior to the west and next to the street to the east, and also the one silk gown per year, 7 loaves of bread and 7 gallons of beer per week, one meal per day, 100 faggots of wood per year and 40s per year. JR was to maintain and repair the tenement, using timber provided by the priory. Dated in the Chapter House, 10 April 1441.

Pleading: Prior Thomas states that he ought not owe this debt, since by a statute made at Carlisle in 25 Edward I [recte 35 Edward I, 1307, i.e. the Statute of Carlisle] it was ordained that Cistercian, Premonstratensian and other houses where the seal has been in the custody of the abbot and not the convent should have a common seal, were to be in the custody of the prior and four worthy members of the convent, kept under the private seal of the abbot, in order that the abbot cannot oblige himself to any matter. And any grant made under any seal other than the common seal thus committed shall be considered null and void. He states that the former prior John Sevenok, at the time of the making of this grant to which the present prior is supposedly bound, was prior of this church of the order of St Augustine, and that the document was sealed with a seal kept by the prior and not by the prior and four worthy members of the convent, according to the terms of the statute.

Pleading: JR granted licence to imparl to quindene of Easter, with assent of defendant.

Postea text: JR states that he does not by law have to respond to this plea, and seeks judgment. Prior, claiming that his plea was sufficient and JR did not deny it, also seeks judgment. Justices wish to be advised, day given at octave of Trinity.

Postea text: 18 further days given, to octave of Hilary 1453.

Postea text: Prior Thomas states that JR ought not maintain his plea, since on 3 January 1453 he asked JR to serve him as a gentleman about his person ('generosi circa personam') on certain business, and JR refused. JR granted licence to imparl to quindene of Easter 1453, with assent.

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

Postea text: At which day, parties came . . . Removed [no reason given].

Case notes: Earlier version of this case, with smaller amounts, on CP 40/745 rot 468. This pleading is damaged at the head, but the details can be calculated from the earlier pleading.

Court of Common Pleas, CP 40/748, rot. 503

Term: Hilary 1448
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40s
Case type: Housebreaking; Taking of goods

Pleading: John Langton amerced for many defaults. Walter Warde states that on 26 June 1441 John Langton forcibly broke his close in London and took and carried off one horse worth 40s, and 6 saddles and 6 bridles worth another 40s, against the peace and to his damage of 40s.

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

Pleading: [continued at Easter 1448, rot 109d] JL denies this trespass as claimed. Both parties on the country, jury here at octave of Trinity.

Case notes: Continued on CP 40/749, rot 109d.

Court of Common Pleas, CP 40/748, rot. 504

Term: Hilary 1448
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Henry Gegh states that on 12 March 1447 William Gappe made bond with him in £9, but has not paid, to his damage of 10m. He shows the bond in court [recited in full, in English (partially illegible)].

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

Case notes: The pleading is damaged and partially illegible, but much can be supplied from other sections of the text.