CP40/756: Hilary term 1450

Court of Common Pleas, CP 40/756, rot. 103

Term: Hilary 1450
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Redyng, citing the terms of the Statute of Labourers, states that on 3 November 1449 he retained John Brok to serve him as a cooper for one year, but on 20 November 1449 he left his service without reasonable cause or licence, to his damage of £10.

Pleading: JB states that he was never retained by JR as claimed. Parties on country, jury here at quindene of Easter.

Court of Common Pleas, CP 40/756, rot. 104

Term: Hilary 1450
County: Surrey
Writ type: Trespass (against statute)
Damages claimed: £1000
Damages awarded: 200m
Case type: Breach of Statute; Maintenance

Pleading: William Clement, citing the terms of a statute against the illegal maintenance of suits, states that at Croydon on 4 July 1448, John Mader, John Shopman, John Bracy and Gertrude de Lunes illegally maintained a suit being brought without writ before the king at Westminster between John Rudby and WV, on the part of JR. This was in contempt of the king, against the form of the statute, and to his damage of £1000.

Pleading: Defendants come. JM, JS and JB all deny the charge, they and WC on country. GL states that WC ought not maintain his action, as before the 4 July when WC claims the maintenance took place, namely at Michaelmas 1447, in London, she retained JR to serve her as a valet for one year, for which reason GL came to Croydon on the said 4 July to ask William Moyll, apprentice at law, to be of the council of JR, then her servant, in his suit with WC, and WM was duly retained to do this.

Pleading: WC states that on the said 4 July 1448, at Croydon, GL delivered 100s of her own money to John Humberston and John Fawn, for them to distribute at their discretion to various people in Surrey, to sustain and maintain the aforesaid suit between JR and WC on the part of JR

Pleading: GL states that she did not deliver this 100s or any money to JH and JF or any person for the maintenance of this suit, as claimed by WC. Parties on country. WC requests a writ of venire facias to the sheriff of Surrey to bring a jury of Croydon to hear the case between him and JM, JS and JB, and another to hear the case between him and GL. This is granted, returnable at the octave of the Purification 1450.

Postea text: Process continued on both writs, jury in respite to octave of Trinity 1450. On this day, parties come, jury in case between WC and GL came, said that GL did give the 100s to JH and JF to distribute as claimed by WC. Damages and costs assigned to WC at 200m. Jury also came between WC and JM, JS and JB, and said that the defendants did not maintain this suit as claimed. As the justices wish to be advised on the verdict, day is given at the octave of Michaelmas.

Postea text: Parties come, justices order that WC recover his damages against GL at 200m. GL to be taken. WC amerced for false claim against the others, who are acquitted and sent without day. WC remits 50m of the 200m damages against GL.

Postea text: Record and process of this case is summoned before the king, by virtue of a writ of error dated 24 November 1450, directed to John Prisot, CJCP, concerning GL, JM, JS and JB.

Court of Common Pleas, CP 40/756, rot. 110

Term: Hilary 1450
County: Kent
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: John Stuard states that on 6 May 1446 William Dancastre made a bond with him in 8m, but has not paid, to his damage of £10. Bond shown in court.

Pleading: WD says the bond ought not hold because it was made under duress whilst he was imprisoned by JS and others at Ospringe in Kent.

Pleading: JS denies this, stating that WD made the bond freely and not under duress. Enquiry on country, jury of Ospringe here at quindene of Easter.

Postea text: Sheriff did not send writ, sicut prius to Easter five weeks 1450.

Court of Common Pleas, CP 40/756, rot. 112d

Term: Hilary 1450
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100s
Case type: Bond; Loan

Pleading: Ellen, widow and administrator of Nicholas Dowland, states that on 11 August 1447 John Dorset made bond with ND, now deceased, in 26s 8d, payable at the feast of the Assumption next, and also borrowed a further 13s 4d, payable on request. However, JD has not paid these sums, either to ND or to his administrator ED, to her damage of 100s. She shows the bond in court, and the letters patent of Thomas Case, commissary general in the city of London and the deaneries of Middlesex and Barking of Thomas Lyseux, Dean of St Paul's and keeper of the spiritualities of the bishopric of London during the vacancy, by which she has administration.

Pleading: JD states that this bond was not of his making. Parties on country, jury here at quindene of Easter.

Case notes: Another incomplete version of what appears to be this case is on rot 314d. That case is headed Essex, although the pleading does not relate to Essex, and the defendant, named John Toket at first, is later described as John Dorset. Otherwise, the pleadings are identical.

Court of Common Pleas, CP 40/756, rot. 114

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Blome and Thomas Browdester state that on 14 June 1446 William Wrampayn made bond with them in £8, but has not paid, to their damage of 20m. The bond is shown in court.

Pleading: WW granted licence to imparl to Easter one month.

Court of Common Pleas, CP 40/756, rot. 114d

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Sale of goods

Pleading: Simon Strete states that on 24 November 1448 Henry Cutbussh bought from him one piece of lead, called a fother of lead, for £6 6s 8d, payable at the feast of the Purification 1449. SS acknowledges payment of 53s 4d of this sum, but has not been paid the remaining 73s 4d, to his damage of 100s. He shows in court the indented bill recording this sale, sealed with HC's seal [recited in full, in English].

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

Postea text: SS came, HC did not come, in default. SS to recover debt, and damages of 13s 4d. HC amerced.

Postea text: HC committed to the Fleet until he has satisfied SS of this debt and damages.

Case notes: Amount mistakenly given as £6 8d in first part of pleading, but correct figure given in recited bill.

Court of Common Pleas, CP 40/756, rot. 117d

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 6s 8d
Case type: Bond

Pleading: Walter Paytwyn and John Dounton state that on 13 June 1449 William Okebourn made a bond with them in £40, but has not paid, to their damage of £20. Bond is shown in court.

Pleading: WO admits the case, and that he owes this debt. Order that WP and JD recover the debt and damages of 6s 8d damages. WO not amerced, as he came on the first day. WP and JD release the damages, and WO is quit.

Court of Common Pleas, CP 40/756, rot. 118d

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William Godeburgh states that on 17 November 1440 John Grey made a bond with him in £40, but has not paid, to his damage of £40. Bond is shown in court.

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

Postea text: Further licence to imparl to quindene of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 121

Term: Hilary 1450
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Taking of goods

Pleading: Thomas Courtenay states that on 25 March 1449, in St Andrew Holborn in Middlesex, John Brook and William Lyncoll seized and carried off his goods worth £40, namely one silver bowl ('pelvem') with gilded edges, a silver laver, one silver jar ('ollam'), 4 broad silver dishes, 2 silver salt cellars, one silver and gilt 'custardum', one flat silver bowl ('crateram'), one silver candlestick, one silver spoon, and one pair of carving knives with gilded handles. This was against the peace, and to his damage of £100.

Pleading: JB and WL granted licence to imparl to Easter three weeks, with assent of plaintiff.

Postea text: 3 further licences to imparl, to octave of Hilary 1451.

Court of Common Pleas, CP 40/756, rot. 125

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: Thomas Norwode and Lawrence Childerhous state that on 27 June 1449 John Machon made two bonds with them, each in 20s, but has not paid either, to their damage of 40s. They show the bonds in court.

Pleading: JM says that the bonds are not of his making. Parties on the country, jury here at quindene of Easter. Bonds to remain in the safe keeping of Henry Fylonglegh.

Postea text: Bonds delivered in court to HB, attorney of the plaintiff, as process is discontinued. HF quit.

Court of Common Pleas, CP 40/756, rot. 128

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Margaret Rauff and Edward Rauff, by their attorney [name omitted], state that on 31 May 1449 John Whitby made a bond with them in 53s 4d, but has not paid, to their damage of 100s. Bond is shown in court.

Pleading: JW granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: Further licence to imparl to quindene of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 129d

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Gilbert Pulvertoft states that on 13 April 1446 John Kyrton, alias John Frankyssh, abbot of Thorney, made a bond with him in £40, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JK granted licence to imparl until quindene of Easter, with assent of plaintiff.

Court of Common Pleas, CP 40/756, rot. 135

Term: Hilary 1450
County: London
Writ type: Trespass (force and arms)
Damages claimed: £50
Case type: Taking of goods

Pleading: John Speldesell states that on 20 August 1427 Richard Bannebury forcibly took and carried off his chattels to the value of £40, namely one silver pot weighing 4lb 6oz troy containing one gallon, one silver standing bowl with cover weighing 2lb 1½oz, another silver standing basin with cover weighing 1lb 6oz, one silver and gilt standing basin with cover weighing 2lb 8½oz, one silver and gilt standing basin with cover weighing 2lb 5½oz, one silver bowl ('pelvem') gilded in the middle weighing 2lb 7oz, one silver laver weighing 1lb 5oz, 12 silver spoons weighing 12¾oz, 10 pairs of sheets, 2 double-worked diaper tablecloths (mappas), and 2 hand towels. This was against the peace, and to his damage of £50.

Pleading: RB granted licence to imparl to quindene of Easter, with assent of plaintiffs. RB appoints either Simon Elryngton or William Levegrene as his attorney.

Court of Common Pleas, CP 40/756, rot. 138

Term: Hilary 1450
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: The abbot of St Albans states that on 24 July 1449 Thomas Glover, Ralph Harreys, Walter Fraunceys and Richard Hawedon, at Borehamwood, made such great threats against the abbot's servants, John Fauconer, John Bernewell, and Henry Flexmere, threatening their lives and the mutilation of their limbs, that they dare not go about their business, namely the keeping of the abbot's park at Borehamwood, for a month after that date, for which reason the abbot's work was not done and he lost the service of his men. This was against the peace, and to his damage of £40.

Pleading: Defendants granted licence to imparl to quindene of Easter, with assent of the abbot.

Postea text: Further licence to imparl, to octave of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 156

Term: Hilary 1450
County: Devon
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Martyn states that on 4 January 1447 Geoffrey Turpyn made bond with him in 100s, but has not paid, to his damage of £20. Bond shown in court.

Pleading: GT claims that the bond is not of his making. Both parties on the country, jury here at quindene of Easter. Bond in safe keeping of Henry Fylongley.

Court of Common Pleas, CP 40/756, rot. 156d

Term: Hilary 1450
County: Devon
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Martyn states that on 4 January 1447 John Broune made bond with him in 100s, but has not paid, to his damage of £20. Bond shown in court.

Pleading: JB claims that the bond is not of his making. Both parties on the country, jury here at quindene of Easter. Bond in safe keeping of Henry Fylongley.

Court of Common Pleas, CP 40/756, rot. 157

Term: Hilary 1450
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Robert Johnson states that on 27 September 1448 William Caus assaulted him in London, against the peace and to his damage of £20.

Pleading: WC states that he is not responsible for this trespass as claimed. Parties on country, jury here at quindene of Easter.

Postea text: 2 posteas, to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 157

Term: Hilary 1450
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: William Dysmer states that on 25 March 1440, in London [parish and ward omitted], John Ledys forcibly took and carried off his goods worth 20m, namely one blue gown lined with grey fur, two covers ('coopertoria'), two pairs of blankets, four pairs of sheets, two mattresses, two bolsters, and four cushions. This was against the peace, and to his damage of £20.

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

Postea text: Further licence to imparl to quindene of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 198d

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Robert Botyller, Prior of the Order of St John of Jerusalem in England, states that on 8 November 1447 John Smyth made four bonds with him, three in 33s 4d and one in 43s 4d, payable at the feasts of the Purification, Ascension, the Nativity of St John the Baptist and All Saints respectively. However, JS has not paid this total of £7, to his damage of 100s. He shows the bonds in court.

Pleading: JS states that these bonds are not of his making. Enquiry on country, jury here at Easter one month. Pledges named for defendant.

Postea text: 42 posteas, sheriff did not send writ.

Court of Common Pleas, CP 40/756, rot. 210

Term: Hilary 1450
County: Devon
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Martyn states that on 4 January 1447 John Gage made bond with him in 100s, but has not paid, to his damage of £20. Bond shown in court.

Pleading: JG states that the bond is not of his making. Parties on country, jury here at quindene of Easter. Bond in custody of Henry Fylongley for safe keeping.

Court of Common Pleas, CP 40/756, rot. 289

Term: Hilary 1450
County: Wiltshire
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Scott states that on 9 October 1448 John Berde made a bond with him in £8 6s 8d, but has not paid, to his damage of 100s. Bond shown in court.

Pleading: JB granted licence to imparl to Easter three weeks 1450.

Court of Common Pleas, CP 40/756, rot. 289d

Term: Hilary 1450
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: John Norman states that on 20 July 1449 Thomas Cotes accounted with him regarding various sums of money received by him for JN before that date, and was found to be in arrears by 40s. However, he has refused to pay this to JN, to his damage of 40s.

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

Postea text: 2 further licences to imparl, to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 295

Term: Hilary 1450
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods; Trespass (chattels)

Pleading: Philip Ive states that on 11 August 1449 Robert Kyng forcibly broke his close at Hatfield and took and carried off goods worth 10m, namely 6 cartloads of wheat in sheaves, 4 cartloads of barley in sheaves and ten cartloads of oats in sheaves, and destroyed his grass worth 100s, depasturing his beasts, continuing to do so for six weeks thereafter. This was against the peace, and to his damage of £20.

Pleading: RK granted licence to imparl to quindene of Easter, with assent of PI. PI appoints John Ferrers as his attorney.

Postea text: 2 further licences to imparl, to octave of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 302d

Term: Hilary 1450
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £40
Case type: Bond; Sale of goods

Pleading: Thomas Boston states that on 29 August 1448 Richard Halle made a bond with him in £11 16s 8d, payable at All Saints' next, and also bought from him 50 ells and three quarters of a yard of linen cloth called 'guttynges', 113 ells of linen cloth called 'sultwiche cloth', 43 ells and one yard of linen cloth called 'rawecloth', 6lb of white thread and 3 gross of laces ('lasyng poyntes'), all for £4 12s 2d, payable on request. However, RH has not paid either debt, to his damage of £40. He shows the bond in court.

Pleading: RH grants licence to imparl to the quindene of Easter.

Court of Common Pleas, CP 40/756, rot. 305

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Coket states that on 7 December 1446 Robert Godall made bond with him in £4, but neither he nor his administrator, William Bondes, has paid this, to his damage of £10. Bond shown in court.

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

Postea text: Further licence to imparl to octave of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 306d

Term: Hilary 1450
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100m
Damages awarded: 5m
Case type: Bond; Loan

Pleading: William Bekyngham states that on 24 May 1446 John Harleston made a bond with him in £70 10s, payable on 20 July 1446, and also borrowed from him a further £30 10s, payable on request. However, he has not paid either debt, to his damage of 100m. Bond shown in court,

Pleading: JH granted licence to imparl to quindene of Easter. Pledges named for defendant.

Postea text: 2 further licences to imparl, to octave of Michaelmas 1450, with assent of plaintiff.

Postea text: WB came, JH did not come, in default. Order that WB recover debt, and damages of 5m

Postea text: WB acknowledges satisfaction of the debt and damages. JH quit.

Court of Common Pleas, CP 40/756, rot. 308

Term: Hilary 1450
County: London
Writ type: Other
Damages claimed: £40
Case type: Contract (general); Negligence

Pleading: Richard Heron states that on 1 July 1449 he hired John Pope to dye 120 dozen caps ('pillios') violet. However, JP dyed them so badly that he lost the greater part of the profit he would have received had they been dyed properly, amounting to £20. This was to his total damage of £40.

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

Court of Common Pleas, CP 40/756, rot. 308

Term: Hilary 1450
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard Stevenes states that on 13 February 1449 William Hawkyn made a bond with him in 74s 9d, but has not paid, to his damage of £20. Bond shown in court.

Pleading: WH says that the bond is not of his making. Parties on country, jury here at Easter three weeks. Bond to remain in custody of Henry Fylongley for safe keeping.

Court of Common Pleas, CP 40/756, rot. 309d

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Walter Speryng states that on 27 October 1441 John Sergeaunt bought from him three new bells for £43, payable on request. He acknowledges payment of £33 of this debt, but JS has not paid the remaining £12 (sic), to his damage of £20.

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

Case notes: Partial enrolment of an earlier case relating to this sale on CP 40/755, rot 648.

Court of Common Pleas, CP 40/756, rot. 310

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Lokok states that on 19 April 1442 John Parker made bond with him in 50s, but has not paid, to his damage of 100s.

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

Court of Common Pleas, CP 40/756, rot. 313d

Term: Hilary 1450
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Taking of goods

Pleading: Richard Fader states that on 10 August 1444, in London, John Marchall and his wife Joan forcibly took and carried off his goods and chattels to the vale of 40s, namely a silver and gilt ring, three rolls of lawn, and other household utensils. This was against the peace, and to his damage of £10.

Pleading: The defendants deny force and injury [pleading incomplete].

Court of Common Pleas, CP 40/756, rot. 317d

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William le Scrop states that on 1 June 1448 Henry Hanslap made a bond with him in £100, but has not paid, to his damage of £40. Bond shown in court.

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

Postea text: 6 further licences to imparl, to octave of Michaelmas 1451.

Court of Common Pleas, CP 40/756, rot. 332d

Term: Hilary 1450
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 20s
Case type: Bond; Sale of goods

Pleading: John Wyche states that on 13 December 1447 Agnes, now the wife of Thomas Wylde, while she was a single woman, made a bond with him and a certain John Pek, now deceased, in 56s 10d, payable at the feast of the Invention of the Holy Cross next. Also, on the same day, she bought from them 6 yards of white woollen cloth for a further 6s 6d, payable on request. However, she did not pay while she was a single woman, and nor has her husband after their marriage, either to him or JP during his lifetime. This is to his damage of 40s. He shows the bond in court.

Pleading: TW and AW granted licence to imparl to quindene of Easter, with assent of JW.

Postea text: JW came, TW and AW did not come, in default. Order that JW recover the debt and damages of 20s. Defendants amerced.

Court of Common Pleas, CP 40/756, rot. 337

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Wylde was summoned to answer Thomas Sherde, on a plea that he render to him 60s, which he owes and unjustly detains. TS states that on 30 November 1443 TW bought from him one marten skin and 20 white lamb skins for 50s (sic), payable on request, but has not paid, to his damage of 100s.

Pleading: TW states that he does not owe TS this 50s (sic) or any money as claimed. Order that he wager his law at Easter three weeks. Pledges of law are named.

Case notes: The claim for 60s is written over an erasure, suggesting that the debt probably was for 60s and subsequent the references to 50s were mistakenly left in place.

Court of Common Pleas, CP 40/756, rot. 338

Term: Hilary 1450
County: Sussex
Writ type: Debt (account)
Damages claimed: £40
Case type: Reckoning of account

Pleading: Walter Fust and his wife Joan state that on 30 June 1435 Thomas Asseherst, now deceased, accounted before Thomas Bradbrug and John Stylfeld, auditors appointed by Joan Fust when she was a single woman, for various sums of money received by him for Joan before that date, and was found to be in arrears by £40. However, he has not paid, either to Joan before her marriage to Walter Fust or afterwards, and nor has Joan Askatyn, executor of TA, either before or after her marriage to John Askatyn. This is to their damage of £40. [The Askatyns also appear to be described as the executors of John Treygoos.]

Pleading: John and Joan Asketyn granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Postea text: 4 further licences to imparl, to octave of Michaelmas 1451.

Court of Common Pleas, CP 40/756, rot. 339

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Peter Bukton, Thomas Thorpe, Richard Thymelby and John Rothom, executors of Alexander Farnell, state that on 13 December 1431 Henry Perpount made a bond with AF in £11 18s 4d, but did not pay AF during his lifetime, or them after his death, to their damage of £10. They show the bond in court, and the testamentary letters of AF, by which they have executry and administration.

Pleading: HP granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Pleading: [continued at Easter 1450, rot 132d] HP states that the bond was not of his making. Enquiry by country, jury here at quindene of Trinity. Bond in safe-keeping of Henry Fylongley.

Case notes: Continued on CP 40/757, rot. 132d

Court of Common Pleas, CP 40/756, rot. 339d

Term: Hilary 1450
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 40s
Case type: Bond; Loan

Pleading: Peter Bukton, Thomas Thorpe, Richard Thymelby and John Rothom, executors of Alexander Farnell, state that on 6 May 1436 John Browe made a bond with AF in 38s 9d, half of which was payable immediately at sea and the other half at Michaelmas next, and also, on the same day, he borrowed a further 15d, payable on request. However, he did not repay either debt, either to AF or to his executors, to their damage of 40s. They show the bond in court, and the testamentary letters of AF, by which they have executry and administration.

Pleading: JB granted licence to imparl to quindene of Easter, with assent of plaintiffs.

Pleading: [continued at Trinity 1450, rot 138] JB states that he ought not owe the 38s 9d due by the bond, as the bond was not of his making. Parties on country. And regarding the remaining 15d, he states that he does not detain this 15d from the executors, or any money as claimed. Order that he wager his law at quindene of Michaelmas, pledges for law named. Attorney to have him here on that day. And regarding the other 38s 9d, jury here at same term.

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

Postea text: [on CP 40/758, rot 138] JB makes essoin to quindene of Hilary 1451.

Postea text: Executors make essoin to quindene of Easter 1451.

Postea text: Parties come, WB fails to make his law. Order that the executors recover the debt of 15d, but assignment of damages in respite until the rest of the case is completed. JB amerced.

Case notes: Continued on CP 40/758, rot 138.

Court of Common Pleas, CP 40/756, rot. 366d

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Adam Levelorde states that on 15 October 1449 John Colet bought from him 10 yards of fustian called 'holmes', 2 ells of 'bustcloth', 1½ ells of Flemish cloth, three rolls of lawn, two rolls of umple, 4 ells of 'Champagne cloth', 4¼ ells of 'Holland cloth', and half a quarter of white thread, all for 42s, payable on request. However, JC has not paid, to his damage of 100s.

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

Postea text: 2 further licences to imparl to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 367

Term: Hilary 1450
County: Surrey
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Thomas Brampton states that on 9 June 1447 William Wanfford borrowed 40s from him, payable on request, but has not re-paid this, to his damage of 100s.

Pleading: WW states that he does not owe this or any money to Brampton as claimed. Parties on country, jury here at quindene of Easter. Pledges named for the defendant.

Postea text: 4 posteas, sheriff did not send writ, to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 383

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Bolle states that on 8 May 1448 William Kayem made bond with him in 46s 8d, but has not paid, to his damage of 40s. He shows the bond in court.

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

Court of Common Pleas, CP 40/756, rot. 383

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John Norfolk states that on 7 March 1449 John Hardy bought from him six hundreds of lime for 40s, payable on request, but has not paid, to his damage of 40s.

Pleading: JH states that he does not owe JN this or any money as claimed. Parties on country, jury here at quindene of Easter.

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

Court of Common Pleas, CP 40/756, rot. 402

Term: Hilary 1450
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40m
Case type: Housebreaking

Pleading: Richard Bamme, John Martyn, Nicholas Sebele and Edward Charteseye state that on 24 December 1449 John Honybourn and John Boon forcibly broke their close and houses in London, against the peace and to their damage of 40m.

Pleading: JH and JB granted licence to imparl to Easter one month.

Court of Common Pleas, CP 40/756, rot. 405

Term: Hilary 1450
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Joan Nytember states that on 29 November 1448 John Wodecroft, John Plenty, John Beche and John Peke forcibly broke into her house in Great Bookham and carried off goods and chattels to the value of £40, namely 4 silver bowls, 2 dozen silver spoons, one chest, 40 pairs of sheets, 12 pairs of blankets, 20 covers, 4 bed-cushions, 4 pillows called 'bolsters', 20 cushions, 2 mattresses, 20 tablecloths, 30 towels, 4 dozen pewter vessels, 2 dozen bronze plates, 8 bronze jars, 6 small plates, 2 small jars called 'posnets' (metal pots), one bowl, and 2 spits (verva). This was against the peace, and to her damage of £40

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

Court of Common Pleas, CP 40/756, rot. 406

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: Richard Pygge states that on 7 September 1449 Thomas North made a bond with him in 40s, but has not paid, to his damage of £20. Bond is shown in the court.

Pleading: TN says that the bond ought not hold because it was made under duress whilst RP and his associates kept him imprisoned in London.

Pleading: RP denies imprisoning TN, and states that he made the bond freely and not under duress. Enquiry by the country, jury of St. Christopher le Stocks here at quindene of Easter. Pledges named.

Case notes: Later mesne process on CP 40/757, rot 107d.

Court of Common Pleas, CP 40/756, rot. 412

Term: Hilary 1450
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 5m
Case type: Bond

Pleading: Robert Ingylton and Robert Stelle state that on 6 July 1444 Matthew Philip made a bond with them in £43 6s 8d. They acknowledge payment of £3 6s 8d of this, but MP has not paid the remaining £40, to their damage of £20. Bond shown in court.

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

Postea text: 2 further licences to imparl, to octave of Michaelmas 1450.

Postea text: Plaintiffs come, MP did not come, in default. Order that RI and RS recover debt, and damages of 5m. MP amerced.

Court of Common Pleas, CP 40/756, rot. 413

Term: Hilary 1450
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £100
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Robert de Heworth, citing the terms of the statute of 1 Henry V against the use of false deeds and documents to dispute rights to land (Stat. Realm, 1 Henry V, c. 3), states that Henry Fereby and Simon Sely, together with William Strenger, conspired together at Westminster on 24 July 1446 to produce false and fraudulent deeds and muniments in order to disturb his possession of property in London, namely a false deed stating that WS and his wife Ellen granted to HF, SS, John Chaterys and John Pery these lands and tenements, namely a messuage and seven cottages of RH in the parish of St Giles without Cripplegate, and another stating that WS and ES appointed William Mounde as their attorney to deliver possession of this property. As a result RH suffered disturbance to his possession and title, in contempt of the king and to his damage of £100.

Pleading: HF and SS granted licence to imparl to quindene of Easter. They appoint Robert Vaus as their attorney against RH.

Pleading: [Followed by mesne process on same plea against WS, who did not come. Sheriff to take, not found, sicut prius to same term. Sheriff did not send writ, to quindene of Trinity 1450.]

Postea text: Further licence to imparl, to quindene of Trinity 1450.

Court of Common Pleas, CP 40/756, rot. 421d

Term: Hilary 1450
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: William Hoper states that on 30 October 1449 John Plenty accounted with him for various sums of money received by him for WH, and was found to be in arrears by 40s. However, he has not paid this, to his damage of 100s.

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

Postea text: 3 further licences to imparl, to octave of Hilary 1451.

Court of Common Pleas, CP 40/756, rot. 423

Term: Hilary 1450
County: Middlesex
Writ type: Other
Damages claimed: £1000
Case type: Usurpation / abuse of rights

Pleading: Thomas Lesours, dean of St Paul's, London, was summoned to respond to a plea by Marmaduke, bishop of Carlisle, that he be permitted to appoint a suitable person as chancellor of St Paul's, which is vacant and in his gift. The bishop states that John Kempe, formerly bishop of London, was seised of the advowson of the said chancellorship by right of his church of St Paul's, and appointed Thomas Chace. JK was translated to York, and William Grey was appointed bishop of London. WG was succeeded by Robert FitzHugh, and RF by Robert Gilberd. After RG died, the temporalities were seised into the hands of the king, who, by letters patent which ML presents in court, dated 7 October 1448, recited that Edward, formerly king of England, by letters which he has confirmed, granted that in each vacancy in the bishopric of London the dean and chapter of St Paul's should have custody of the bishopric and all its temporalities just as the bishops hold them or as the king and his heirs would have held them if the bishopric were in their hands. Thus the dean and chapter have full administration of the temporalities, and are able to appoint and ordain as seems best to them, just as the bishop or the former king were able to, saving to the former king and his heirs all knights fees held of the bishopric, and advowsons of churches which fall vacant during the vacancy. And all annual rents and services of these fees should remain to the dean and chapter in these vacancies, rendering to the former king and his heirs £1000 per year pro rata, as stated in the letters patent and the confirmation. And now the present king has granted this farm to the bishop of Carlisle, by the name of Marmaduke, bishop of Carlisle, Treasurer, except the sum of money paid to the king by the dean and chapter for the custody of the bishopric and all its temporalities, vacant on account of the death of Bishop Robert [Gilbert], from 1 October last [1449], which they were accustomed to pay to the king, for the duration of the vacancy, along with the knights' fees, and advowsons of churches, prebends, chapels, chantries, hospitals and other benefices pertaining to the bishopric, from 1 October, having this farm without the sum of money, with the knights' fees and advowsons as the king would have held had the grant not been made to the bishop of Carlisle, by the hand of the dean and chapter or their farmers, receivers or other occupiers, without rendering to the king any account or anything else which expressly mentions the true value of the premises, or any other gifts made to the bishop of Carlisle by the king or his progenitors, notwithstanding any other statute, ordinance, etc made before that time, by virtue of which letters patent the bishop had possession of this farm, except the sum of money, and the temporalities with the knights fees and advowsons pertaining to the bishopric. And he states that Thomas Chace, former Chancellor died after this grant of the farm and during this vacancy, for which reason the chancellorship is vacant, and remains vacant, and the bishop has right of presentment. And the dean now unjustly impedes the bishop from this presentment, to his damage of £1000.

Pleading: The Dean of St Paul's states that the bishop should not maintain his action, since the dean and chapter of St Paul's have, since time immemorial, been accustomed to elect two ecclesiastical persons from amongst the dean and chapter to keep and administer the spiritualities of the bishopric during any vacancy, who would be presented to the archbishop of Canterbury, who would choose one to serve as keeper of the spiritualities during the vacancy, and that person would also be granted custody of, and right to present to, all ecclesiastical vacancies during this vacancy. And all dignities and offices within this church which are spiritual and have nothing temporal annexed to it, and which the bishop was accustomed to confer, the person appointed as keeper shall similarly be accustomed to appoint during the vacancy, just as the archbishop of Canterbury, as metropolitan of the church and bishopric, had been accustomed and able to make during this vacancy before this election and appointment. And he says that after the death of Bishop RG, the dean and chapter, in the parish of St Gregory in Farringdon ward Within, during the lifetime of Thomas Chace, elected Thomas Lesours, then dean of the chapter, and a certain Thomas Ward, canon of the chapter, both ecclesiastical persons, to the administration of the spiritualities during this vacancy, and they presented these names to John, then archbishop of Canterbury, for confirmation. And, while TC was alive, and during the vacancy, the archbishop appointed TL as keeper or vicar general of the spiritualities during the vacancy. And further he says that the chancellorship is, and was at the time of the appointment of TC by John Kemp, a purely spiritual office within the church, with nothing temporal associated with it, and purely in the gift of the bishop, the holder being obliged to read concerning the holy gospels in the school of theology to anyone wishing to listed, and no other duties or cures. And he states that JK granted the office to TC as a purely spiritual office, with no other duties but theological reading as stated, and not that JK granted it along with any other advowson, as ML claims, and thus the right to appoint the chancellor pertains to TL, as keeper of the spiritualities, elected and chosen as described.

Pleading: The bishop of Carlisle, not acknowledging anything said by the dean, states that it is not necessary for him to respond to the dean's plea, and seeks judgment and a writ to the archbishop of Canterbury, primate of all England.

Pleading: Since his plea is sufficient in law to preclude the bishop from his suit, as the dean is prepared to verify, the dean seeks judgment, and that the bishop should be precluded from his action. And the justices, wishing to be advised on this matter before rendering their judgment, give day at the quindene of Easter.

Postea text: Parties came, the dean states that after the last pleading, on octave of Hilary last, process continued, and on 14 February 1450 ML was translated from Carlisle to Lincoln by Pope Nicholas V, by apostolic letters. This he is prepared to verify, and seeks judgment on the writ.

Court of Common Pleas, CP 40/756, rot. 425

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Robert Oxton states that on 30 May 1449 William Bartram made a bond with him in £20, but has not paid, to his damage of 100s. Bond shown in court.

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

Pleading: [continued at Easter 1450, rot 105] WB states that he ought not owe this debt, as it was agreed between them on the making of the bond that if a certain Richard Wydevyle, within a year of the making of the bond, should assign to RO wood to the value of £20 in a certain wood of RW in Essex in recompense of a certain debt of £10owed to RO by RW, then the bond shall have no effect; otherwise it shall remain in force. WB states that at the time of the bond he was a lay man of little learning, and that the bond was read to him in English with this condition, and he sealed it believing it to contain this. Therefore this bond, without this condition, was not of his making. Parties on country, jury here at octave of Trinity.

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

Postea text: Writ delivered to Thomas Broun, deputy of the sheriff of London.

Case notes: Continued on CP 40/757, rot 105.

Court of Common Pleas, CP 40/756, rot. 425

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Robert Oxton states that on 30 May 1449 William Boudon made a bond with him in £20, but has not paid, to his damage of 100s. Bond shown in court.

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

Pleading: [continued at Easter 1450, rot 111d] WB states that he ought not owe this debt, as it was agreed between them on the making of the bond that if a certain Richard Wydevyle, within a year of the making of the bond, should assign to RO wood to the value of £20 in a certain wood of RW in Essex in recompense of a certain debt of £10 owed to RO by RW, then the bond shall have no effect; otherwise it shall remain in force. WB states that at the time of the bond he was a lay man of little learning, and that the bond was read to him in English with this condition, and he sealed it believing it to contain this. Therefore this bond, without this condition, was not of his making. Parties on country, jury here at octave of Trinity.

Postea text: [on CP 40/757, rot 111d] Sheriff did not send writ, to octave of St John the Baptist 1450.

Case notes: Continued on CP 40/757, rot 111d.

Court of Common Pleas, CP 40/756, rot. 434

Term: Hilary 1450
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Blaunche and John Wotton state that on 21 November 1443, Robert Huchonson made a bond with them in £100, payable at the quindene of Hilary next. They acknowledge satisfaction of £60 of this sum, but RH has not paid the remaining £40, to their damage of £40. Bond shown in court.

Pleading: RH granted licence to imparl to octave of Trinity. Pledges named.

Postea text: Further licence to imparl, to octave of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 434d

Term: Hilary 1450
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John Ovesys and Benedict Boremeys state that on 3 October 1448 William Thornbery borrowed £8 from them, but has not re-paid this, to their damage of £10.

Pleading: WT granted licence to imparl to quindene of Easter. WT appoints Hugh Brent as his attorney against the defendants.

Court of Common Pleas, CP 40/756, rot. 436d

Term: Hilary 1450
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Davy states that on 31 March 1447 Hugh Courtenay bought from him 20 yards of black woollen cloth, one yard of blue woollen cloth, and 48 yards of blue woollen cloth for £7, payable on request, and on 26 October 1438 he bought 16 yards of russet woollen cloth for 51s 9d, also payable on request. However, he has not paid these sums, to a total of £9 11s 9d, to his damage of 100s.

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

Postea text: 2 licences to imparl, to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/756, rot. 436d

Term: Hilary 1450
County: London
Writ type: Debt (account); Debt (sale of goods)
Damages claimed: 100s
Case type: Reckoning of account; Sale of goods

Pleading: Thomas Davy states that on 18 December 1438 Thomas Welywrought bought from him one gown of murrey, one green gown, one black gown, one gown of musterdevillers, another black gown, another gown of murrey, and a blue gown, all for 15s 2d, payable on request, and also, on the same day, bought from him 2½ yards of white woollen cloth for a further 2s 11d, also payable on request. Moreover, on the same day they accounted together for various sums of money received by TW for TD before that date, and TW was found to be in arrears to TD by £7 8s 7d. TW therefore owed TD a total of £9 6s 7d (sic), but has not paid any of this sum, to TD's damage of 100s. Damages are claimed at 100s.

Pleading: TW, by attorney, granted licence to imparl to quindene of Easter 1450.

Pleading: [continued at Michaelmas 1450, rot 447] TW, in person, states that he does not owe TD this or any money as claimed. Parties on country, jury here at octave of Hilary.

Postea text: 2 further licences to imparl, to quindene of Michaelmas 1450.

Postea text: [on CP 40/759, rot 447] Sheriff did not send writ, to octave of the Purification 1451.

Case notes: Figures given do not add up. Continued on CP 40/759, rot 447. Details taken from this later enrolment, as entry in better condition.