CP40/563: Michaelmas term 1401

Court of Common Pleas, CP 40/563, rot. 056d

Term: Michaelmas 1401
County: London
Writ type: Trespass (against statute)
Damages claimed: 100s
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Ponde claims that John Piers left his service prematurely, breaking the statute of labourers. John Ponde claims he hired John Piers on 1/8/1400 for a term of one whole year 'in the office of a certain brewer'. However John Piers left his service on 14/6/1401 without reasonable cause etc. Damages are claimed at 100s.

Pleading: John Piers says that he was indeed contracted into the service of John Ponde, but that he faithfully finished the specified term and did not leave early. On this he seeks judgement.

Pleading: John Ponde says that John Piers did leave his service early without reasonable cause or licence and concerning this he seeks inquiry on the country, and John Piers seeks likewise. Order to the sheriff of London to make a jury come at Michaelmas in one month 1401. Pledges are named for the defendant.

Court of Common Pleas, CP 40/563, rot. 086

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: John J. claims that Robert C. assaulted, wounded, abused, and maltreated him with force and arms, namely swords bows and arrows. Damages claimed at £20.

Pleading: RC says that he is innocent of the charge of coming with force and arms. Concerning this he puts himself upon the country, and JJ puts himself similarly. Concerning the charge of assaulting, wounding, etc. the said JJ, he says that he was defending himself against the aforesaid JJ as he had good licence to do. RC is prepared to verify this, and seeks judgement.

Pleading: JJ says that RC assaulted him wrongfully, and not in self defence as he claims. Hence JJ seeks inquiry on the country, and RC seeks likewise. Order to the sheriff of London to make a jury come in the morrow of All Souls 1401.

Postea text: 1 postea - JJ does not come and so he and his pledges of the prosecution are in mercy. New pledges etc. RC is without day.

Court of Common Pleas, CP 40/563, rot. 110

Term: Michaelmas 1401
County: London
Writ type: Debt (account)
Damages claimed: £40
Case type: Reckoning of account; Sale of goods

Pleading: John D. claims that Richard S. owes him £38 arrears, a reckoning of account having been heard by auditors John G. and John H. The account concerns various victuals, namely stockfish, saltfish, salted salmon, white herring, and red herring which RS had bought from JD. Damages are claimed at £40.

Pleading: RS says that there was no such reckoning before JG and JH, and that he owes JD nothing. He places himself upon the country, and JD places himself likewise. Therefore, order to the sheriff of London to make a jury come on the morrow of Martinmas 1400 etc. Pledges are named for the defendant.

Postea text: RS does not come because he is in the service of the lord king under the command of Thomas Swynbourn, knight and captain of the king's castle of Hammes in Picardy, remaining there in the defence of the castle and service of the king from 22 October 1401 for one year.

Case notes: Reckoning noted as being held in the parish of St Michael in 'Temstrete' in Bridge ward. Given the ward, it is presumed that this is St Michael Crooked Lane, 'Temstrete' is presumably Thames Street; however, St Michael's church does not lie on Thames Street, although the street does run across the parish. If the ward is mistaken, the parish might possibly be St Michael Queenhithe in Queenhithe ward, which does lie on Thames Street.

Court of Common Pleas, CP 40/563, rot. 110d

Term: Michaelmas 1401
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Robert, bishop of London, claims that John N, with Richard T., broke into his park at Wickham, Essex and entered his warren there without his licence and hunted and carried off 20 bucks (deer), 20 does (deer), 20 hares, 40 rabbits, 20 pheasants, and 100 partridges. Damages are claimed at £40.

Pleading: JN says that he is innocent and places himself upon the country, and bishop Robert places himself likewise. Pledges are named for the defendant. Order to the sheriff of Essex to make a jury come in the octave of Hilary term 1402.

Court of Common Pleas, CP 40/563, rot. 123

Term: Michaelmas 1401
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: William H. claims that Henry B. and William B. broke his close and house at Sydenham, Kent, with force and arms. Whilst there WH claims that they felled and carried off trees and under-wood to the value of 100s, the same lately growing (there). The trees cut being, namely, 12 oak trees and 23 Elm trees; and 6 cart loads of under-wood, to the value of 100s. Damages claimed at £20.

Pleading: HB and WB say that they did not come with force and arms, and concerning this put themselves upon the country, and WH puts himself likewise. Further, HB says that at the time of the supposed trespass etc. that he entered only his own land and free tenement and cut only his own trees, as the land in which they were growing belonged to him. WB says that he was acting as the servant of HB at the time.

Pleading: WH says that the land in question was his land at the time seeks inquiry upon the country, and the defendants seek likewise. Order to the sheriff of Kent to make a jury come in the octave of Martinmas 1401.

Postea text: postea 1 - sheriff didn't send the writ so case forwarded to Hilary term 1402.

Postea text: Postea 2 - case respited due to default of jury. Forwarded to Trinity term 1402.

Postea text: Postea 3 - WH does not appear to prosecute his suit. Therefore he is in mercy, and the defendants are without day.

Court of Common Pleas, CP 40/563, rot. 156

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Imprisonment

Pleading: John C. claims that John W., with John R. and John W., committed housebreaking against him in London with force and arms, assaulting him, wounding him and imprisoning him [in his home] for the eleven days next following. Damages are claimed at £40.

Pleading: JW ways that he is innocent of coming with force and arms, and innocent of the trespass. JW puts himself on the country, and JC puts himself likewise. Order to the sheriff of London to make a jury come on the morrow of Martinmas 1401. Pledges are named for the defendant.

Court of Common Pleas, CP 40/563, rot. 156

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: William D. claims that David W., with John R., assaulted him, wounded him, etc. with force and arms. Damages are claimed at £10.

Pleading: DW says that that he is innocent of everything and puts himself on the country, and WD puts himself likewise. Order to the sheriff come [term left blank]. Pledges are named for the defendant.

Court of Common Pleas, CP 40/563, rot. 156d

Term: Michaelmas 1401
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Katherine S., executor of the will of Roger S., claims that William C. owes her £48 as the unpaid residue of an £88 bond made between Katherine's late husband RS and the defendant WC. Damages are claimed at £40. Bond shown in court. Noted that the bond does not say where It was made, but KC claims it was made at London, parish of St. John Zachary, ward of Aldersgate. KS also presents proof that she is executor and administrator of the will of RS.

Pleading: WC comes and asks that the bond and its endorsements be read aloud. The bond's endorsement says that should WC make two equal payments of £22 to RS, at all Saints 1398 and the purification of St Mary 1390, it would thereafter be null and void. Further, WC says that he made these payments during RS's lifetime, at Great Yarm, Yorkshire, and so he owes nothing.

Pleading: KS says that of the two payments of £22 each, that the first of which (to be made at All Saints 1389) was never made. KS seeks judgement.

Pleading: WC says that he made the £22 payment in question during the lifetime of RS in accordance with the conditions of the bond and puts himself upon the country, and KS puts herself likewise. Order to the sheriff of Yorkshire to mae a jury come in the octave of Hilary term 1402. Pledges are named for the defendant.

Court of Common Pleas, CP 40/563, rot. 177

Term: Michaelmas 1401
County: London
Writ type: Debt (sale of goods)
Damages claimed: 60s
Case type: Sale of goods

Pleading: Oliver S. claims that Matilda R., while a single woman on 03/11/1399, bought goods off him to the value of 60s which she should have paid for at Christmas 1399 but never paid for, namely salt fish and fresh fish. He is now suing MR and her husband WR for this money. Damages are claimed at 60s.

Pleading: WR and MR say that they do not owe OS any money whatsoever, and are prepared to make their law. Sureties of law are named, and sureties for future appearance of the defendants are also named. WR and MR are to make their law on the morrow of All Souls 1401.

Postea text: 1 postea - OS does not prosecute his writ and so is in mercy, and the defendants are without day.

Court of Common Pleas, CP 40/563, rot. 177

Term: Michaelmas 1401
County: London
Writ type: Debt (account)
Damages claimed: £4
Case type: Reckoning of account

Pleading: Henry B. claims that Robert C. owes him £4 arrears, concerning diverse monies and receipts RC had from HB, as determined by a reckoning of the account of RC before auditors WH and JS. Damages are claimed at £4.

Pleading: RC says that there was no such reckoning of account before WH and JS, and puts himself upon the country, and HB puts himself likewise. Order to the sheriff of London to make a jury come in the quindene of Martinmas 1401. Pledges named for the defendant.

Postea text: 1 postea - the sheriff didn't send the writ, so case forwarded as far as Hilary term 1402.

Court of Common Pleas, CP 40/563, rot. 205

Term: Michaelmas 1401
County: Cambridgeshire
Writ type: Trespass (other)
Damages claimed: £100
Case type: Real action / rents / damage to real estate; Trespass (chattels)

Pleading: John O. amerced for many defaults. Sybil, abbess of Barking Abbey, complains that on 10/9/1393 she and the convent of Barking demised to JO one messuage, 12 acres of lands and 40s rent with appurtenances in Fulbourn, Cambridgeshire, to have to himself and assigns from Michaelmas 1393 for ten full years. However the said JO laid waste to the said land. He dug in one acre, earth, marl, and clay taken and sold for the value of 20s. And, he sold of himself diverse houses in the aforesaid tenement and manor, namely one hall worth £20, two rooms joined to the same hall worth each worth £10. In the wood he felled and sold 20 ash trees of his own pleasure whichever (one) worth 2s, and 40 elm trees growing around the aforesaid messuage any one worth 20d. And in the garden he well have taken and sold 8 pear trees any one of which worth 3s 4d, six apple trees any one of which worth 2s, and 12 plum trees any one worth 12d. All this to the exasperation of the church of the abbess of Barking etc. and the provisions of the said church and abbess etc. Damages are claimed at £100.

Pleading: JO says that the abbess ought not maintain her action against him because after she demised the said property to him for the said term her demised all estate he had in them to a certain Thomas S., and that no distruction had been made to the said propery before its demise to TS. Hence JO says that he is innocent and that he is prepared to verify this.

Pleading: Abbess Sybil says that the destruction took place before the property was demised to TS and seeks inquiry on the country, and JO seeks likewise. Order to the sherif of Cambridgeshire to make a jury come in the ocave of St [Hillary 1402].

Court of Common Pleas, CP 40/563, rot. 206

Term: Michaelmas 1401
County: London
Writ type: Trespass (against statute)
Damages claimed: £1000
Case type: Assault; Breach of Statute; Detention of goods; Sale of goods

Pleading: Stephen D. complains of Adam P., that contrary to the statute of 15 Richard II which limits the power of the admiral or his lieutenants from having any jurisdiction over cases arising in places other than at sea, AP maintains [in that court] a plea against him arising from within the county of Devon concerning 20 casks and one pipe of osey wine seized and detained at Plymouth, and also a plea claiming that on 11/10/1381 SD had assaulted and wounded AP at Plymouth. These were bound to be prosecuted before the admiral of the king, his lieutenant, etc. before the court of the king's admiral. And Stephen himself, on 11/9/1400 at the Wool Quay next to the Tower of London, parish of All Hallows Barking, Tower ward, in the presence of Richard C., John Spenser, and William Spenser, delivered a writ of the king to AP prohibiting the prosecution of these suits. AP nevertheless, on 15/9/1400 and at the said Wool Quay brought his case before Thomas P., earl of Worcester, then admiral, and his lieutenant. And additionally, he brought his suits before the present admiral Thomas R. (admiral 'of western parts') etc. in contempt of the king and Stephen etc. Damages claimed at £1000.

Pleading: AP says that he has no knowledge of what SD is contending, and that SD should stop his action. AP says that what he was prosecuting before the admiral's court, was related to an agreement made in Lisbon, Portugal, for the carriage of wine (belonging to AP) from Lisbon to London. This wine, 30 casks and 1 pipe of osey wine, the value of whichever cask being £10, was delivered to a certain Adam K., master of a ship called 'The Cristofre' of Plymouth, which was sent by SD, so that it might be transported to London. However due to the fault of master AK, some of the wine was lost in the port of Lisbon, leaving only 20 casks and 1 pipe of wine. The vessel then came to Plymouth, where in high seas it was lead within the jurisdiction of the admiral of the lord king. SD then came, in the high seas before Plymouth, and he seized and detained the said wine contrary to the will of AP. Thence AP has been made worse off etc. because of SD etc. and so he brought a suit against SD before former admiral TR and AP says that his action ought not be discounted because it did not originate within the body of the county of Devon etc. AP is prepared to verify this and seeks judgement.

Pleading: SD says that the quarrel did arise within the body of the county of Devon and that AP thence broke the statute by bringing a case before the admiral, and is prepared to verify where and when etc. AP is willing to verify his claims likewise etc. Pledges are named for the defendant. Because the justices have not been advised the case is forwarded as far as the octave of Martinmas 1401.

Postea text: postea 1 - moved to Hilary term 1402 (reason not given).

Postea text: Postea 2 - SD does not come to continue his suit, and so he is in mercy and AP is without day.

Court of Common Pleas, CP 40/563, rot. 209

Term: Michaelmas 1401
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard P. claims that John B. owes him £40 per a bond which was made between the defendant JB on one hand, and RP jointly with John P. (now deceased) on the other hand. Damages claimed at £40. Bond shown in court.

Pleading: JB asks that the bond and its endorsements be read aloud in the court, and the endorsement says that JB and a certain Emma within obliged should deliver or make payment to JP or his attorney £20 legal money in the feast of the Epiphany next after the making of the bond (6/1/1401) 100s, and more at whatever feast of the Epiphany should follow until he has paid the said £20; this done, the bond would be null and void. JB says that he has done this, at Ipswich, within the bounds of the bond and is prepared to verify this.

Pleading: RP says that payment of 100s due in the feast of the Epiphany 1391 was not made. RP seeks inquiry on the country concerning this, and JB seeks likewise. Order to the sheriff of Suffolk to make a jury come in the octave of Hilary term 1402. Pledges are named for the defendant.

Postea text: posteas 1-3 - the sheriff did not send the writ.

Postea text: 3 more posteas - [damaged] all seem to be orders of venire facias. These forward the case as far as Hilary term 1403.

Court of Common Pleas, CP 40/563, rot. 209d

Term: Michaelmas 1401
County: Sussex
Writ type: Disseisin
Damages claimed: £1000
Case type: Real action / rents / damage to real estate

Pleading: This plea is brought by William Armeston on behalf of the king (Henry IV). The king seeks that William Asshton, William F., William S, John B., Thomas J., and Nicholas M. render to him the lands and heirs of the late Roger L., which RL lately held of the king for military service. These lands formerly of RL were held of the king as of his manor of Ripe (Sussex) part of the honour of Leicester, namely the manors of Horsted Keynes, Selmeston, and Iteford (all Sussex) with appurtenances, for homage, fealty, scutage of £20 etc, for the service of three knight's fees and 50s sterling annually at Easter and Michaelmas in equal portions, and suit at the court of the lord king at Ripe every three weeks. These lands were held by the deceased RL by homage, and thus custody of the lands and heirs pertain to the king, but the defendants detain custody of these lands and Thomas (Leukenore) the son and heir of RL, to the king's damage of £1000.

Pleading: The defendants, not acknowledging that the manors were held by the services claimed, state that during his life, RL, by a certain charter which they present in court, dated 18 April 1396, granted these manors and others to the defendants, by which they were seised in their demesne as of fee, and thus they held them at the time of RL's death. This they are prepared to verify.

Pleading: The king's attorney says that RL held these manors of the king at the time of his death, and seeks enquiry by the country, and the defendants seek likewise. Order to the sheriff of Sussex to have jury here at the morrow of Martinmas 1401.

Postea text: Process continued, jury in respite to octave of Hilary 1402, nisi prius they come before the justices of assize in Sussex at East Grinstead Sussex on 5 December 1401. On this day, defendants come by attorney, justices send record that on that day, before William Hankeford and Robert Hill, justices of assize, defendants came, and the jury say on oath that RL was not in possession of the manors in question at the time of his death, and the enfeoffment was not made to the prejudice of the king, and so the defendants are without day.

Case notes: See Feudal Aids, v, p.146.

Court of Common Pleas, CP 40/563, rot. 220d

Term: Michaelmas 1401
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William A., Richard R., and Henry W. (executors of the will of Margaret W.) claim that Alice H. and William H. junior, (with John H., co-executors of the will of William H. senior) owe them £20 per a bond made between Margaret W. and William H. senior. Damages are claimed at £40. Bond shown in court.

Pleading: The defendants (executors of William H. senior) say that the bond is not valid, because after its making Margaret W. later, on 20/05/1394, issued William H. senior a release. This release is shown in court.

Pleading: The plaintiffs (executors of Margaret W.) say that the release is not of Margaret's making and seek inquiry on the country, and the defendants (executors of William H. senior), saying that the release was made at Fulham, middlesex, seek likewise. Order to the sheriff of Middlesex to make a jury come in the quindene of Martinmas 1401. The release is put into the safe keeping of WP.

Postea text: The case is forwarded as far as the quindene of Hilary term 1402.

Postea text: The plaintiffs do not prosecute their writ, so the defendants are quit.

Court of Common Pleas, CP 40/563, rot. 274

Term: Michaelmas 1401
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: William B. claims that John D. owes him 40s as determined by a reckoning of the account between held before auditor Thomas D. Damages claimed at 40s.

Pleading: JD claims that TD was not assigned auditor of account for the said WB to reckon the account of JD. JD is prepared to verify this.

Pleading: WB says that he did assign TD to audit the account of JD on his behalf and seeks inquisition on the country, and JD seeks likewise. Order to the sheriff of London to mak a jury come in the actave of Martinmas 1401. Pledges are named for the defendant.

Court of Common Pleas, CP 40/563, rot. 350d

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Arbitration; Taking of goods

Pleading: Walter S. claims that John H. seized and carried off his goods, valued at £40, with force and arms. These goods were namely: vessels of brass and wood, linen and woollen cloth, one saddle with bridle, and other household utensils. Damages are claimed at £10.

Pleading: JH says that with the unanimous assent and will of both he and WS they undertook arbitration at Malmesbury, Wiltshire before John T. and William B. Here the arbitrators considered this trespass, as well as all quarrels between them to that point, and decided that JH should pay to the said WS one gallon of wine, which JH says he paid to WS. JH says he is prepared to verify this.

Pleading: WS says that no such arbiration arbitration was had. WS puts himself on the country concerning this and JH puts himself likewise. Order to the sheriff of Wiltshire to make a jury come in the quindene of Hilary term 1402.

Postea text: 1 postea - WS does not come to prosecute his suit so he and his pledges of the prosecution are in mercy.

Case notes: Date of taking of goods given as Monday after the feast of St. Edward King, 1 Henry IV, and the arbitration as Tuesday next before Christmas of the same regnal year. To avoid conflicting dates the first date must refer to the translation of St Edward king and confessor. Any other dating presupposes a scribal error.

Court of Common Pleas, CP 40/563, rot. 398

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: Joan H and William H. claim that Richard B. forcibly assaulted JH. Damages are claimed at £40.

Pleading: RB says that he is innocent of the charge of coming with force and arms, and of the trespass, and puts himself upon the country. The plaintiffs put themselves likewise. Order to the sheriff of London to maje a jury come in the octave of Hilary thrm 1402. Pledges named for the defendant.

Court of Common Pleas, CP 40/563, rot. 452

Term: Michaelmas 1401
County: London
Writ type: Detinue
Damages claimed: 100s
Case type: Detention of goods; Safe keeping

Pleading: Ellen W. claims that Roberta W. detains from her goods and chattels worth 100s, namely: two gold rings, one pair of rosaries, and three silk veils. These wereput in the safe keeping of RW but have not been returned. Damages are claimed at 100s.

Pleading: RW says that she does not detain any goods of EW and puts herself upon the country, and EW puts herself likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402.

Court of Common Pleas, CP 40/563, rot. 452d

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £300
Case type: Arbitration; Assault; Imprisonment

Pleading: John G. claims that John W. came with force and arms, and assaulted, wounded, maltreated and imprisoned him in the prison of the lord for ten weeks. Damages are claimed at £300.

Pleading: Concerning coming with force and arms JW says that he is innocent and places himself upon the country, and JG places himself likewise. Concerning the trespass and imprisonment of JG, he says that on 28/6/1397 both parties were summoned to the judgement of Richard Overton (arbitrator), as much concerning this trespass as all others between them. RO ordained that JW ought to give to JG, for all trespasses etc. between the two men, one gallon of wine. JW says he presented this wine to JG and is prepared to verify this. Hence the action against him should not continue.

Pleading: JG says he himself never consented to have these matters decided by the aforesaid (RO) etc. and seeks inquiry upon the country, and JW seeks likewise. Order to the sheriff of Middlesex to make a jury come in the octave of Hilary 1402.

Court of Common Pleas, CP 40/563, rot. 461

Term: Michaelmas 1401
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Contract (service/employment); Reckoning of account

Pleading: Andrew P. claims that he named Henry C. to be receiver of his monies from 28/4/1394 to 25/7/1394, during which time HC received, namely, by the hands of AP, 14m for three pipes of red wine, and by the hands of other diverse men, to the buying and selling and profit of Andrew etc. And, afterwards, there was an accounting before auditors John W. and John H., at which time HC was found to be 46s 8d in arrears to AP. Damages are claimed at 100s.

Pleading: HC comes by attorney and defends [here ends the entry without explanation].

Court of Common Pleas, CP 40/563, rot. 504d

Term: Michaelmas 1401
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Andrew P claims that Henry C. owes him 46s 8d for 3 pipes of red wine bought but not paid for. Damages are claimed at 100s.

Pleading: HC says that he does not owe AP this or any other money and offers to make his law in the quindene of Hilary term 1402. Pledges of law are named.

Postea text: postea 1 - HC makes essoin as far as Easter term 1402.

Postea text: postea 2 - HC makes his law and is thus without day. AP is in mercy for false claim.

Case notes: related to CP40/563 rot 461

Court of Common Pleas, CP 40/563, rot. 504d

Term: Michaelmas 1401
County: London
Writ type: Detinue
Damages claimed: 100s
Case type: Detention of goods; Safe keeping

Pleading: Robert R. claims that Richard P. detains goods worth 100s, namely: one basinet and one lance. RR claims that he gave these goods to RP for safe keeping, and that now RP will not return them.

Pleading: RP says that he does not detain the goods of RR and places himself upon the country, and RR places himself likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402.

Court of Common Pleas, CP 40/563, rot. 515d

Term: Michaelmas 1401
County: Hampshire
Writ type: Trespass (force and arms)
Case type: Housebreaking; Taking of goods

Pleading: John H. claims that Thomas W. broke into his house and close at Southampton, with force and arms, and carried off goods valued at £40. These goods were, namely: one lead vat for brewing, one lead cistern, one lead trough, two trunks called 'bedstokkes', a door frame (hostia fenestra), window racks (fenestralia rakkes), and other household utensils. Damages are claimed at £40.

Pleading: TW says that he is innocent and puts himself on the country, and JH puts himself likewise. Order to the sheriff of Southampton to make a jury come in the octave of Martinmas 1401.

Postea text: 7 posteas - all say the sheriff did not send the writ, forwarding the case as far as Hilary term 1403.

Postea text: posteas 8 & 9 - the sheriff has delivered (mandatus) only two men (jurors), Henry H. and John B. bailiffs of Southampton. Case forwarded as far as the feast of the Purification 1403; and then forwarded to the quindene of Easter 1403.

Postea text: postea 10 - the case was heard at assize, at Winchester on 19/02/1403, before justices William R. and William B. The jury found TW guilty as charged and awards JH damages of £10 for the trespass. TW is to be seized etc.

Postea text: postea 11 - 30 January 1404 JH comes to the court and acknowledges satisfaction of the £10 damages.

Court of Common Pleas, CP 40/563, rot. 539

Term: Michaelmas 1401
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: Philip B. and William B. claim that John Hunte; with John Hillum, John R., John F., and John S.; owes them 21m 6s 8d on a bond. Damages are claimed at £20. Bond shown in court.

Pleading: John Hunte says that the action against him ought not hold because the same day and year (as the making of the aforesaid bond) a certain indenture was made, which he offers to the court. This indenture says if John Hunte should pay a certain John E. the said monies, for a certain 'statute staple' delivered to John Hunte; or if John Hunte and his associates should pay PB and WB their attorneys etc. 21½m, namely at Christmas 1400 (7m 2s 2½d), at the Purification of St Mary 1401 (7m 2s 2½d), and at Easter 1401 (7m 2s 3d); or John Humte at the will/consent of PB and WB agree to render himself to their prison (imprisonment) before Christmas 1400, then the bond shall have no power. John Hunte says that he delivered himself to be imprisoned at the will of PB and WB Christmas 1400 as per the force and condition of the indenture and is prepared to verity this. John Hunte also says that this indenture was made 'at London, in the parish and ward aforesaid'.

Pleading: PB and WB say that John Hunte did not offer himself to them for imprisonment as he says, and so did not hold to the force of the indenture etc. Concerning this PB and WB seek inquiry on the country, and John Hunte seeks likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402. Pledges named for the defendant.

Court of Common Pleas, CP 40/563, rot. 539d

Term: Michaelmas 1401
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: Philip B. and William B. claim that John Hillum; with John R., John F., John S., and John Hunte; owes them 21m 6s 8d on a bond. Damages are claimed at £20. Bond shown in court.

Pleading: John Hillum says that the action against him ought not hold because the same day and year (as the making of the aforesaid bond) a certain indenture was made, which he offers to the court. This indenture says if John Hunt should pay a certain John E. the said monies, for a certain 'statute staple'; or if John H and his associates should pay PB and WB their attorneys etc. 21½m namely at Christmas 1400 (7m 2s 2½d), and at the Purification 1401 (7m 2s 2½d), and at Easter 1401 7m 2s 3d; or John Hunte at the will of PB and WB consent to render himself to their prison before Christmas 1400, then the bond shall have no power. John Hillum says that John Hunte delivered himself to be imprisoned at the will of PB and WB at Christmas 1400 as per the force and condition of the indenture and is prepared to verity this. John Hillum also says that this indenture was made in London, parish and ward aforesaid.

Pleading: PB and WB say that John Hunte did not offer himself to them for imprisonment as he says, and so did not hold to the force of the indenture etc. Concerning this PB and WB seek inquiry on the country, and John Hunte seeks likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402. Pledges named for the defendant.

Court of Common Pleas, CP 40/563, rot. 555

Term: Michaelmas 1401
County: Essex
Writ type: Debt (other)
Damages claimed: £100
Case type: Debt; Real action / rents / damage to real estate

Pleading: The prior of Leighs amerced for many defaults. The prior of Little Leighs was summoned to answer Thomas Stowe, dean of St Paul's and the chapter of that house, on plea that he render to them £36 15s, the arrears of an annual rent of £21 which he owes to them. The dean and chapter state that on 17 June 1276, at Little Leighs, by a certain document Hervey de Borham, then dean of St Paul's, with the chapter of that house, granted at farm to the former prior and convent all fruits and obventions in the church of Halstead granted to HB by John, then bishop of London, together with all buildings and appurtenances, in return for £21 per year, payable at the chapter house in London at four annual terms, beginning at Martinmas 1276. It was agreed that if the prior and convent should default their payment, in full or in part, then the dean may enter the church and seize and distrain any goods of the prior and convent found there until they are satisfied of the arrears and their expenses. By virtue of this, the dean and chapter were seised of this rent, payable at Martinmas, Ash Wednesday, Ascension and St Peter ad Vincula, until 1¾ years before the date of the plaintiff's writ, 20 May 1401, when the present prior withdrew payment, to their damage of £100. They show the original grant in court.

Pleading: The prior states that the dean and chapter ought not maintain their suit, as they have already levied these arrears by distraint from the church of Halstead, and none was outstanding on the date of their original writ.

Pleading: The dean and chapter state that these arrears were outstanding for 1¾ years before the date of their original writ, as claimed. Enquiry by country, sheriff to have jury of Halstead here at octave of Hilary.

Case notes: Seemingly continued on CP 40/564 rot 328d on a new writ. See also CP 40/562, rot 307 for another case involving these parties.

Court of Common Pleas, CP 40/563, rot. 569

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods

Pleading: Agnes B. claims that Richard P. broke into her house in a suburb of London (apud suburnium) with force and arms, carrying off goods and chattels to the value of 40s, namely: linen and woollen cloth, and copper and brass vessels. Damages are claimed at £10.

Pleading: 'RP comes per his attorney and defends etc. And upon this day is given to the aforesaid parties, per the aforesaid attorneys, as far as the octave of St Hilary without essoin etc. [no specific plea stated].

Court of Common Pleas, CP 40/563, rot. 583

Term: Michaelmas 1401
County: Essex
Writ type: Other
Damages claimed: -
Case type: Real action / rents / damage to real estate; Usurpation / abuse of rights

Pleading: Edward C. complains that Lionel, late duke of Clarence, was seised of the advowson of the church of Great Dunmow as fief and right, to which church EC now seeks to appoint a parson. [Elizabeth] lately his (duke Lionel's) wife presented a certain Thomas T. to the parsonage of the said church. And upon the death of TY the parsonage fell vacant. Thereafter, a certain Thomas D. one of the generals of the attorneys of the late duke in overseas lands, then made a certain John de Capell parson of the said church. After the death of Duke Lionel the avowry of the church passed to his daughter Philippa (Mortimer), who married Edmund Mortimer earl of March, then in the custody of the late king Richard II, who at the death of parson JC appointed a certain John L. parson of the said church. JL then later resigned from the parsonage of this church, at which time it became vacant to the said late Earl within his estate, and king Richard II made a certain Robert Brandon parson of the said church. After the death of Philippa and Edmund Mortimer the avowry of the said parsonage passed to Roger Mortimer their son and heir. After Roger Mortimer died the avowry of the church, seised to his wife Eleanor, was taken into the hands of the chancellor of king Richard II with other manors etc., and held as the dower of Eleanor who afterwards took (the plaintiff) EC as her husband. After the death of the aforesaid parson Robert Brandon the parsonage again became vacant and EC appointed Thomas O., as is his right. Afterwards, parson TO resigned from the parsonage, and so there is again a vacancy to which EC wishes to make an appointment to fill, but Robert Braybroke bishop of London and John Makworth are unjustly impeding this appointment.

Pleading: Bishop Robert says he claims nothing in the goings-on of the church in question, and asks if EC ought to maintain his suit against him. John M. says that he is the parson of the said church, inducted into the same, and that EC now wishes to unjustly oust him from the office etc. In his defence, John M. offers to the court letters patent given to him by EC as security, saying that neither EC nor his heirs would seek to interfere with his holding of same church.

Postea text: In light of the letters patent of offered to the court by John M., it is decided that the writ of EC comes to nothing. EC is in mercy for false claim and John M. is without day.

Court of Common Pleas, CP 40/563, rot. 608

Term: Michaelmas 1401
County: London
Writ type: Debt (account)
Damages claimed: 60s
Case type: Reckoning of account

Pleading: Thomas H. claims that Thomas M. owes him 75s as determined by a reckoning of the account between them, held before auditors Hamon E. and William P. Damages are claimed at 60s.

Pleading: TM says that HE and WP were never auditors of his account with TH etc. TM is prepared to verify this and seeks judgement.

Pleading: TH says that HE and WP were indeed auditors of the said account and seeks inquiry upon the country, and TM seeks likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402. Pledges named for the defendant.

Court of Common Pleas, CP 40/563, rot. 614

Term: Michaelmas 1401
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William B. claims that Richard M. owes the house of St. Thomas of Acon in London £9 6s 8d on a bond made with the house's former master Richard A., now deceased. Damages claimed at 100s. Bond shown in court.

Pleading: RM says that the bond is not of his making and puts himself upon the country, and WB puts himself likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402. Pledges named for defendant. The bond is given to WP for safe keeping.

Court of Common Pleas, CP 40/563, rot. 646d

Term: Michaelmas 1401
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Margery A. claims that John G. owes her 40s. Per a loan. Damages are claimed at 100s.

Pleading: JG says that MA ought not continue her action against him because since the making of the said loan she has given him a release from all debts etc. JG shows this release in court.

Pleading: MA says she is not able to deny the validity of the release.

Postea text: In light of the release shown MA is in mercy for false claim and JG is without day.

Court of Common Pleas, CP 40/563, rot. 649

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Taking of goods

Pleading: Alice B. claims that William M. and Joan M. came with force and arms, and carried off one 'cristigrey' fur and one 'crymelground' veil, valued at 40s. Damages are claimed at 100s.

Pleading: WM and AM deny this and put themselves upon the country, and AB puts herself likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402.

Postea text: Case respited as far as the quindene of Easter term 1402.

Postea text: WM and JM do not come, and so are in default. Jury to come in Easter term in one month.

Court of Common Pleas, CP 40/563, rot. 649

Term: Michaelmas 1401
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Imprisonment

Pleading: John C. claims that John R., with John W. and John M., came with force and arms to his house in London where they committed housebreaking and assault, wounding etc. against him, imprisoning him for the following eleven days. Damages are claimed at £40.

Pleading: John R. says he is innocent and puts himself upon the country, and JC puts himself likewise. Order to the sheriff of London to make a jury come in the octave of Hilary term 1402.