CP40/739: Michaelmas term 1445

Court of Common Pleas, CP 40/739, rot. 025

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

Pleading: John Westborn states that on 10 October 1437, William Wyght, along with his wife Margaret and John Wyght, forcibly assaulted him in London, against the peace and to his damage of £20.

Pleading: JW denies responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of [lost, presumably Hilary].

Case notes: County heading lost, but presumably London.

Court of Common Pleas, CP 40/739, rot. 029

Term: Michaelmas 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 13s 4d
Costs: 40s
Case type: Bond

Pleading: Thomas Bernard and John Aleyn state that on 3 March 1437 John Crane made bond with them and a certain Richard Mille, now deceased, in £40, but has not paid, to their damage of £20. They show the bond in court.

Pleading: JC states that the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at Michaelmas one month. Bond to remain in the custody of Robert Darcy, king's clerk.

Postea text: Sheriff did not send writ, sicut prius to quindene of Martinmas. On 29 November 1445 bond delivered to Richard Neuton, RD quit. Jurors in respite until octave of Hilary 1446 nisi prius they come before RN on Friday [after?] St Andrew 1445 at St Martin le Grand.

Postea text: On that day TB and JA came, RN sent record that on that day, before him and John Thornton, his fellow, parties came, jury came, said the bond was made by JC, as TB and JA claimed. Damages assigned at 13s 4d, costs of 40s. Order that TB and JA recover debt, and damages of 4m. JC to be taken.

Postea text: On [date lost], 24 Henry VI, all record of this case sent before the king, by writ of error to RN, dated 10 February 1446.

Court of Common Pleas, CP 40/739, rot. 029

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

Pleading: Thomas Cave states that on 2 October 1445 Walter and Rose Warde forcibly took various chattels from him, namely a cloak and hood worth 40s, against the peace and to his damage of 40s.

Pleading: WW and RW granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/739, rot. 029d

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

Pleading: John Broun states that on 26 July 1445 William Hawekyn bought from him [number lost] sheep for 112s, payable on request, but he has not paid, to his damage of 100s.

Pleading: WH granted licence to imparl to octave of Hilary.

Postea text: Further licence to imparl to quindene of Easter 1446.

Court of Common Pleas, CP 40/739, rot. 048

Term: Michaelmas 1445
County: London
Writ type: Debt (bond)
Damages claimed: []
Case type: Bond; Imprisonment

Pleading: John [lost] states that on 7 February 1442 William Pope, master of St Leonard's Hospital, Bedford, made bond with him in 53s 4d, but has not paid, to his damage of [lost]. He shows the bond in court.

Pleading: WP states that he should not be bound to this debt, as at this time he was imprisoned by John and his associates at Odell in Bedfordshire, and detained there until he made this bond under duress.

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

Case notes: This record is badly damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 101d

Term: Michaelmas 1445
County: London
Writ type: Debt (account)
Damages claimed: 100m
Case type: Contract (service/employment); Reckoning of account

Pleading: Richard Pygge states that on ? 6 February 1444 [date damaged] he retained Benedict Joly to serve him as bailiff of a messuage in St Benet Gracechurch, Bridge ward, London, as administrator of his goods and chattels and as receiver of certain money, both there and elsewhere in England, until Michaelmas next. For this he was to make reasonable account, which he did on 9 October 1444 before Peter Batte and John Lovell. After his expenses and costs were assessed, he was found to have a surplus of £4, which were due to BJ, but he has refused to pay this, to the damage of BJ of 100m.

Pleading: RP states that he does not owe this or any money as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Martinmas.

Court of Common Pleas, CP 40/739, rot. 104

Term: Michaelmas 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Damages awarded: £3
Costs: 40s
Case type: Taking of goods

Pleading: The Prior of Elsing Spital hospital states that on 8 December 1444 James Warwyk forcibly took a book called a 'portas' (portable breviary) belonging to the prior, worth 100s. This was against the peace, and to his damage of £20.

Pleading: JW denies responsibility. Both parties on the country. Sheriff to have jury here at quindene of Martinmas. Pledges named.

Postea text: Process continued, jury in respite to quindene of Easter 1446 nisi prius they come before Richard Neuton at St Martin le Grand on Monday in the ?second week of Easter 1446.On that day, prior came by attorney, RN sent record that on that day the parties came before him and John Danyell, jury said that JW was responsible for this trespass. They assign damages of £3 and costs of 40s. Order that prior recover the damages. JW to be taken; present in court and committed to the Fleet.

Postea text: William Sawyer, now prior of Elsing Spital, came into court and remitted the damages. JW quit. JW makes fine, pledges named. JW to be released from prison, keeper quit.

Court of Common Pleas, CP 40/739, rot. 105

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

Pleading: Thomas Torald states that on 14 March 1444 Henry Whiom made bond with him in £10, payable at [lost], but has not paid, to his damage of £10. He shows the bond in court.

Pleading: [Pleading incomplete.]

Case notes: Incomplete. Re-enrolled at Hilary 1449 (CP 40/752, rot 368d).

Court of Common Pleas, CP 40/739, rot. 106d

Term: Michaelmas 1445
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100s
Damages awarded: 10s
Case type: Bond; Loan

Pleading: Thomas Heth states that on 21 February 1443 Simon More made bond with him in 33s 4d, and also borrowed from him a further 6s 8d, but has not paid either debt, to his damage of 100s. He shows the bond in court.

Pleading: SM granted licence to imparl to octave of Hilary, with assent of TH.

Postea text: 7 posteas, to octave of Trinity 1448.

Postea text: TH came, SM did not come, in default. Order that TH recover his debt, and damages of 10s. SM amerced.

Court of Common Pleas, CP 40/739, rot. 107d

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

Pleading: John Salesbury states that on 16 April 1438 John Odam made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JO states that he should not be bound to this debt, as at this time he was imprisoned by JS and his associates at Abingdon in Oxfordshire [sic], and detained there until he made this bond under duress.

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

Court of Common Pleas, CP 40/739, rot. 108

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

Pleading: Richard Blakelowe states that on 17 February 1445 William Sefole forcibly assaulted him in London, against the peace and to his damage of £40.

Pleading: WS denies force and arms. Both parties on country. And concerning the assault, he states that at that time RB assaulted him, and he acted in self-defence, and did not intend any injury.

Pleading: RB states that WS assaulted him without cause, as he claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/739, rot. 114d

Term: Michaelmas 1445
County: London
Writ type: Debt (account)
Damages claimed: 100m
Case type: Reckoning of account

Pleading: Thomas Crosse states that on 6 October 1440 Simon Felsham accounted before John Piers and William Jamys, auditors, for various sums of money received by him for TC, and was found to be in arrears by 5m 6s 8d. However, SF has refused to pay this to TC, to his damage of 100m.

Pleading: SF granted licence to imparl to quindene of Hilary.

Postea text: 2 further licences to imparl to quindene of Trinity 1446.

Court of Common Pleas, CP 40/739, rot. 118d

Term: Michaelmas 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Henry Langley, Ralph Grey and John Grene state that on 24 August 1445 David Brounyng and John Terrys forcibly broke their close and houses in London and took goods to the value of £40, namely eight tables, a bed with hangings, two small tripods, one cupboard, two iron andirons, one bench, one squared table, four stools, one chest, one vessel called a 'kilderkin', another vessel called a 'tribbe', a brass dish, four tables called 'shelves' and three coloured cloths. This was against the peace, and to his damage of £40.

Pleading: DB and JT come. DB denies responsibility for this trespass. On country. JT denies force and arms, and everything except the breaking of the house. On country. Concerning the rest, he states that the action ought not be maintained since at the time the houses were empty and uninhabited, and that before that time he sought permission to enter the houses from William Criktofte, who kept the key, so that he could inspect them with a view to taking them at farm from the plaintiffs and living there if it pleased him. WC, as servant of the plaintiffs, gave him permission and opened the houses, and he then entered, this being the same action which the plaintiffs allege as housebreaking against him.

Pleading: Plaintiffs state that JT broke into their houses as they claimed. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Martinmas.

Postea text: Sheriff did not send writ, sicut prius to octave of Hilary.

Court of Common Pleas, CP 40/739, rot. 120

Term: Michaelmas 1445
County: Gloucestershire
Writ type: Trespass (against statute)
Damages claimed: £100
Case type: Bond; Breach of Statute; Maintenance

Pleading: John Andreux, citing the terms of a statute against maintenance, states that, whereas there is a case pending in the king's court between William Walesby and himself regarding a debt of £33 6s 8d which WW seeks from him, on 16 October 1444 Thomas Thorndon illegally maintained and sustained this suit on behalf of WW. This is in contempt of the king, contrary to the statute and to his damage of £100.

Pleading: TT states that long before this date JA was indebted to Katherine, former Queen of England, and to WW in this £33 6s 8d, in which sum JA was bound to them, and that the Queen and WW were themselves bound to a certain Hugh Dene in £40. On [date omitted] the Queen and WW delivered this bond to HD in the parish of St Gregory, Castle Baynard ward, London, intending that HD prosecute JA for this £33 6s 8d in their name, as part payment of the £40 they owed him. HD then died, leaving his wife Joan as his sole executor. She then married TT, but has also died, and therefore TT is prosecuting this debt against JA along with WW, intending to recover this money in part payment of the £40 owed to HD, and to him and Joan as his executor, so that he can distribute it for the salvation of the soul of HD.

Pleading: JA states that his action against TT should be maintained, repeating that TT maintained the suit of WW as he claimed, and not that the queen and WW delivered this bond to HD as TT has claimed.

Pleading: TT states that the Queen and WW did deliver the bond to HD as he claimed. Both parties place themselves on the country. Sheriff of London to have jury here at octave of Michaelmas.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Trinity 1446.

Court of Common Pleas, CP 40/739, rot. 121

Term: Michaelmas 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: 100s
Case type: Breach of Statute; Contract (service/employment)

Pleading: Richard Roberd, citing the terms of the statute of Labourers, states that on 29 June 1445 he retained Elizabeth Carter to serve him as a maid for one year, but she left his service before the end of that term, namely on [date lost], without reasonable cause or licence, in contempt of the king, against the form of the statute and to his damage of 100s.

Pleading: EC states that she was never retained by RR as he claims. Both parties on the country. Sheriff to have jury here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/739, rot. 127d

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

Pleading: Geoffrey Mo[...], citing the terms of the statute of labourers, states that on 19 December 1442 he retained William Collys to serve him as a baker for one year, but on 2 April 1443 he left his service without licence or reasonable cause, in contempt of the king, against the form of the ordinance and to his damage of 10m.

Pleading: WC states that after the said 29 December [sic], namely on 20 January 1443, in the parish of St Michael, Cheap ward [sic], GM released him from his service.

Pleading: GM states that he did not release WC from his service, as he claims. Enquiry on the country. Sheriff to have jury of St Michael's parish here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/739, rot. 128

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

Pleading: John Lambe and Richard Welles, administrators of the goods formerly of William Hunt, state that on 22 February 1423 Henry Inglose made bond with WH in 100s, payable at the quindene of Easter next, but he did not pay WH, and he has not paid them, after their appointment as administrators of WH by John Lyndefeld, former Dean of St Mary le Bow and commissary general of Henry, Archbishop of Canterbury and papal legate. This is to their damage of £10. They show in court the bond, and the letters patent of the commissary general, by which they have administration.

Pleading: HI states that this bond was not of his making. All parties place themselves on the country. Sheriffs to have jury of All Hallows, Bread Street here at morrow of All Souls. Bond to remain in custody of Robert Darcy, chief clerk.

Court of Common Pleas, CP 40/739, rot. 130d

Term: Michaelmas 1445
County: London
Writ type: Account
Damages claimed: £20
Case type: Reckoning of account

Pleading: Richard Sellyng states that Henry Sturmer served as receiver of his money from 20 July 1432 to 20 August 1432, and during that time, in the parish of St Bride in London, he received £50 from the hand of John Fastolf to the trade and profit of RS, for which he was to render reasonable account. However, he has refused to do so, to his damage of £20.

Pleading: HS states that at Norwich on 12 November 1432 he rendered full account for this money before John Kyrtelyn and Richard Rabet, auditors.

Pleading: RS states that HS did not render this account as he claims. Both parties seek enquiry on the country. Sheriff of Norwich to have jury of the city of Norwich here at quindene of Hilary.

Court of Common Pleas, CP 40/739, rot. 131

Term: Michaelmas 1445
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: Thomas Philip states that on [1?] May 1440, in London, he delivered to Richard Josep for safe-keeping a chest containing certain documents, namely a document by which TP granted to John Laurence and John Wright a messuage and appurtenances in Boreham, [?called] 'Benfyles', and 60 acres of land, 7 acres of pasture and 50s rent in [lost] in the parishes of Boreham, Little Baddow and Sandon, and another by which TP appointed Walter Boteler and William Wygood to deliver full seisin of this property to JL and JW. These documents were to be returned on request, but RJ refuses, to his damage of £100.

Pleading: RJ states that he does not detain this chest and documents, or any other documents, as claimed by TP. Both parties place themselves on the country. Sheriff to have jury here at octave of Martinmas.

Postea text: Sheriff did not send writ, sicut prius to octave of Hilary 1446.

Case notes: Further case on CP 40/752, rot 130d (Hilary 1449).

Court of Common Pleas, CP 40/739, rot. 132d

Term: Michaelmas 1445
County: Middlesex
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: William Hall states that on 10 October 1442 John Gyll bought from him a quarter part of a ship called the 'Marckys' of London, with arms and victuals for that quarter part, for £100, payable on request, but has not paid, to his damage of £40.

Pleading: JG states that he does not owe this or any money in the form claimed by WH. Order that he wager his law at octave of Martinmas. Pledges named. Attorney to have JG here.

Court of Common Pleas, CP 40/739, rot. 138

Term: Michaelmas 1445
County: London
Writ type: Debt (loan)
Damages claimed: 10m
Case type: Loan

Pleading: John Clampard, citizen and smith of London, alias master 'post deum' of the ordnance of Richard, duke of York, states that on 8 June 1441 John Spenser borrowed £6 from him, but has not paid, to his damage of 10m.

Pleading: JS granted licence to imparl to octave of Hilary, with assent of JC.

Postea text: Numerous posteas, damaged, to quindene of Trinity [year uncertain].

Court of Common Pleas, CP 40/739, rot. 277

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

Pleading: John Miller states that on 20 January 1445 Stephen Donyngbury forcibly assaulted him in London, against the peace and to his damage of £20.

Pleading: SD granted licence to imparl to octave of Hilary, with assent of JM. Pledges named [damaged].

Pleading: [Hilary 1446, rot 50] SD denies responsibility for this trespass as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Same pledges named.

Postea text: 9 posteas, sheriff did not send writ, to octave of Michaelmas 1448.

Case notes: Pleading badly damaged. Continued on CP 40/140, rot 50.

Court of Common Pleas, CP 40/739, rot. 304

Term: Michaelmas 1445
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Debt; Maintenance

Pleading: Richard Broker, citing the terms of the statute against maintenance, states that Robert Trygge, together with Thomas Spencer, on 18 November 1443 illegally maintained the case of Margaret Styward in her case against him and his wife Isabel, executrix of John Webbe, concerning an alleged debt of £28. This was against the statute, in contempt of the king, and to their damage of £40.

Pleading: RT granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1446, rot 312d] RT states that on the day of the original writ, he was living at [omitted] in Hertfordshire, and not in London as the writ supposes. He seeks judgment on the writ.

Pleading: RB states that RT was living in London at the time of the original writ, namely in the parish of St Nicholas Shambles in Farringdon Within ward. Enquiry on country. Sheriff of London to have jury of St Nicholas Shambles here at the octave of the Purification.

Case notes: Case badly damaged and incomplete, but is repeated and continued on CP 40/740, rot 312d (Hilary 1446). For related case against Spencer, see Michaelmas 1446, rot 135.

Court of Common Pleas, CP 40/739, rot. 309

Term: Michaelmas 1445
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: []
Case type: Bond; Imprisonment; Sale of goods

Pleading: John Fayrfeld states that on 8 April 1438 John Burdet made bond with him in £30, and also bought from him 10 barrels of salmon for £10, payable on request, but has not paid, to his damage of [lost]. He shows the bond in court.

Pleading: JB states that, regarding the £10 claimed for the 10 barrels of salmon, he states that he does not owe this or any money as claimed. Order that he wager his law at the octave of Hilary. Pledges named. And regarding the bond of £30, he states that he should not be bound to this debt, as at this time he was imprisoned by JF and his associates at Deptford in Kent, and detained there until he made this bond under duress.

Pleading: JF denies this, stating that at the time of the bond JB was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Deptford here at the octave of Hilary. Pledges named.

Postea text: Parties come, JB wagers his law regarding the £10 for the barrels of salmon. JF amerced for false claim, JB sent without day.

Case notes: Pleading badly damaged and incomplete. Many details supplied from similar cases on rot 312 and rot 402, both for different goods.

Court of Common Pleas, CP 40/739, rot. 312

Term: Michaelmas 1445
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £40
Case type: Bond; Imprisonment; Sale of goods

Pleading: John Fairfeld states that on 8 April 1438 John Burdet made bond with him in £30, and also bought from him 200 salted fish for £10, payable on request, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: JB states that, regarding the £10 claimed for the 10 barrels of salmon [sic, possibly in confusion with case on rot 309], he states that he does not owe this or any money as claimed. Order that he wager his law at the octave of Martinmas. Pledges named. And regarding the bond of £30, he states that he should not be bound to this debt, as at this time he was imprisoned by JF and his associates at Deptford in Kent, and detained there until he made this bond under duress.

Pleading: JF denies this, stating that at the time of the bond JB was not imprisoned, and made the bond freely and not under any duress. Sheriff of Kent to have jury of Deptford here at the octave of Martinmas. Pledges named.

Postea text: Parties come. Concerning the jury, sheriff did not send writ. Concerning the £10 for the 200 salted fish, JB wagers his law. JF amerced for false claim, JB sent without day. Sheriff of Kent to have jury here at octave of Hilary.

Case notes: Similar cases on rot 309 and rot 402, both for different goods.

Court of Common Pleas, CP 40/739, rot. 312d

Term: Michaelmas 1445
County: Norfolk
Writ type: Debt (sale of goods)
Damages claimed: £40
Damages awarded: 5m
Case type: Sale of goods

Pleading: William Thorn states that on 22 [month lost] 22 Henry VI [1443-4] Godfrey Wolman bought from him [lost] pieces of worsted for £94 3s 4d, payable on request. WT acknowledges that GW has paid £54 3s 4d, but has not paid the remaining £40, to his damage of £40.

Pleading: GW states that he does not owe this or any money as claimed. Order that he wager his law here at quindene of Hilary. Pledges named [one lost]. WT appoints John Hawke as his attorney.

Postea text: GW makes essoin, to Easter three weeks.

Postea text: WT came, GW did not come. WT to recover debt, and damages of 5m.GW amerced.

Court of Common Pleas, CP 40/739, rot. 322

Term: Michaelmas 1445
County: London
Writ type: Other
Damages claimed: -
Case type: Bond

Pleading: John Hill, former servant of John Courtenay, acknowledges in this court on this day that he owes £40 to JC, Thomas Muschamp and William Neucome, payable at Christmas next. He acknowledges that this £40 can be levied from his goods and chattels. This recognisance was made under the condition that if John Hill do no harm to JC, then it shall be cancelled.

Court of Common Pleas, CP 40/739, rot. 326d

Term: Michaelmas 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: 100s
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Fraunceys, citing the terms of the statute of Labourers, states that at Michaelmas 1424 he retained John Devorse to serve him as a tailor for a term of [lost], but before the end of that term, namely on [lost], he left that service without good cause or licence, in contempt of the king, against the statute and to his damage of 100s.

Pleading: JD states that he was never retained by JF, as he claims. Both parties on country. Sheriff to have jury here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/739, rot. 356

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

Pleading: John Sly states that at Michaelmas 1439 Amice Germyn bought from him 10 barrels of good beer and 69 barrels of lesser beer called 'halfpenny ale' for £6 9s, payable on request, but has not paid, to his damage of 100s.

Pleading: AG states that she does not owe this or any money as claimed. Order that she wager her law at octave of Hilary. Pledges named.

Postea text: JS came, AG made essoin to quindene of Easter.

Postea text: Parties came, AG professes her law instantly. JS to take nothing, amerced for false claim. AG sent without day.

Court of Common Pleas, CP 40/739, rot. 356

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

Pleading: William Swykes states that on [4] February 1440 John Baxstere made bond with him in £40, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JB states that he should not owe this debt, as by a document which he shows in court, dated at Michaelmas 1443, WS released to JB all actions outstanding between them before that date.

Pleading: WS states that this release was not made by him. Enquiry on country. JB states that the release was made at Wirksworth in Northumberland. Sheriff of Northumberland to have jury here at quindene of Hilary. Document to remain in custody of Robert Darcy.

Postea text: Sicut prius to quindene of Easter 1446 [Easter one month 1446 on rot 593].

Case notes: Identical case on rot 593, but with a different postea. Large section of pleading lost to damage. Some details can be supplied from a related case on rot 372.

Court of Common Pleas, CP 40/739, rot. 356d

Term: Michaelmas 1445
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 6s 8d
Costs: 33s 4d
Case type: Loan; Sale of goods

Pleading: Thomas Galy states that on 10 July 1444 John Bagot bought a horse from him for 20s, and also borrowed a further 20s, all payable on request, but he has not paid this 40s, to his damage of 40s.

Pleading: JB states that he does not owe this or any money as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Martinmas.

Postea text: Sheriff did not send writ, sicut prius to octave of Hilary.

Postea text: Process continued, jury in respite to octave of Michaelmas 1446, nisi prius they come before Richard Neuton at St Martin le Grand on 12 July 1446. On that day, TG came, RN sent record that on that day, before him and John Danyell, parties came, jury came, said that JB owed TG only 13s 4d of this 40s, and not the rest. Damages assigned to TG at 6s 8d, and costs of 26s 8d. Order that TG recover debt of 40s (sic), and damages of 33s 4d assigned by the jury, and another 6s 8d assigned in costs by the court. Damages total 40s. JB amerced.

Court of Common Pleas, CP 40/739, rot. 356d

Term: Michaelmas 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Abduction

Pleading: John Lynk states that on 14 January 1445, John and Henry Blakamour forcibly abducted his servant, Richard Blakamour, depriving him of his service from that day until the date of the original writ, namely [omitted]. This was against the peace, and to his damage of 10m.

Pleading: JB and HB deny responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at [lost].

Court of Common Pleas, CP 40/739, rot. 372

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

Pleading: William Swykes states that on [4] February 1440 William Wysk made bond with him in £40, but has not paid, to his damage of £20. He shows the bond in court [recited], which shows that defendant and John Baxster of Boston were bound in this sum [see rot 356].

Pleading: WW states that he should not owe this debt, as by a document which he shows in court, dated at Michaelmas 1443, WS released to John Baxster, his co-debtor, all actions outstanding between them before that date.

Pleading: WS states that this release was not made by him. Enquiry on country. JB states that the release was made at [Wirksworth] in Northumberland. Sheriff of Northumberland to have jury of Wirksworth here at [quindene of Hilary]. Document to remain in custody of Robert Darcy.

Postea text: [on rot 593] Sheriff did not send writ, sicut prius to quindene of Easter 1446.

Case notes: Identical pleading on rot 593d, with additional postea. Large section of pleading lost to damage. Some details can be supplied from a related case on rot 356.

Court of Common Pleas, CP 40/739, rot. 372d

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

Pleading: John Fastolf states that on 28 June [year lost] Nicholas Byllyngton forcibly assaulted William Gye, servant of JF, so that JF was deprived of his service until 24 July next. This was against the peace, and to his damage of £20.

Pleading: NB granted licence to imparl to quindene of Hilary. Pledges named [incomplete due to damage].

Court of Common Pleas, CP 40/739, rot. 372d

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

Pleading: John Worssestre states that on 20 May 1433 William Box, now deceased, made a bond with him in 100s. However, he did not pay, and neither has the defendant, John Hogges, appointed with John Horden as administrator of the goods and chattels formerly of WB by Henry, Archbishop of Canterbury. This detention is to his damage of 100s. He shows the bond in court.

Pleading: JH states that he has fully administered all goods formerly of WB which came into his hands, and held nothing on the date of JW's original writ or afterwards.

Pleading: JW states that on the day of his original writ, namely 20 September 1445, John Hogges had goods formerly of WB sufficient to pay this debt, namely at Hackney in Middlesex. Enquiry on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/739, rot. 390

Term: Michaelmas 1445
County: Lincoln
Writ type: Debt (sale of goods)
Damages claimed: []
Case type: Sale of goods

Pleading: Richard Hert states that on 27 June 1440 William Seintpoule bought from him 20 [lost to damage] for 6m, but has not paid, to his damage of [lost].

Pleading: WS states that he does not owe this or any money as claimed. Order that he wager his law at quindene of Hilary. Pledges for law named [now lost]. Pledges for attendance named [damaged and incomplete].

Court of Common Pleas, CP 40/739, rot. 402

Term: Michaelmas 1445
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: []
Case type: Bond; Imprisonment; Sale of goods

Pleading: John Fayrfeld states that on 8 April 1438 John Burdet made bond with him in £30, and also bought from him [lost] stockfish ['fungeas'] for £10, payable on request, but has not paid, to his damage of [lost]. He shows the bond in court.

Pleading: JB states that, regarding the £10 claimed for the stockfish, he states that he does not owe this or any money as claimed. Order that he wager his law at the quindene of Martinmas. Pledges named [lost]. And regarding the bond of £30, he states that he should not be bound to this debt, as at this time he was imprisoned by JF and his associates at Deptford in Kent, and detained there until he made this bond under duress.

Pleading: JF denies this, stating that at the time of the bond JB was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Deptford here at [lost but presumably quindene of Martinmas]. Pledges named [incomplete].

Postea text: Parties come, JB wagers his law [presumably on the £10 sale]. JF to take nothing, amerced for false claim. JB sent without day.

Case notes: Badly damaged. See also similar cases on rot 309 and rot 312, both for different goods. Pleadings damaged, but some details can be supplied from those entries.

Court of Common Pleas, CP 40/739, rot. 403

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

Pleading: John Osteler states that on 27 [lost] 23 Henry VI, John Cherden bought from him [lost] for £23 19s 2d. JC has paid £10 of this, but has not paid the remainder, to his damage of £20.

Pleading: JC admits the debt. Order that JO recover the debt, and damages of [lost]. JC committed to [?the Fleet].

Postea text: JO acknowledges satisfaction of the debt. JC quit.

Case notes: Pleading badly damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 407

Term: Michaelmas 1445
County: London
Writ type: Debt (other)
Damages claimed: []
Case type: Contract (service/employment); Debt

Pleading: William Collys states that on the Sunday before Michaelmas [year lost] John Savage retained him to serve him as a baker and brewer and other tasks, for five years, paying 26s 8d per year. He served JS for this term, but he has not been paid the agreed 10m, to his damage of [lost].

Pleading: JS states that concerning 9m 12s 4d of this debt, he does not owe WC this money as claimed. Both parties [on the country?]. Sheriff to have jury here at octave of Hilary. And regarding the remaining 12d, he states that he does not owe this 12d or any money to WC.

Pleading: WC states that this plea is insufficient, and he seeks the debt and damages.

Pleading: JS states that the plea is sufficient and seeks justice. Justices wish to be advised, day given at [lost]. Pledges named [incomplete].

Postea text: Day given for both parts at quindene of Easter.

Case notes: Pleading badly damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 410

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

Pleading: Richard Stanton states that on 20 January 1443 John May made bond with him in £40, but has not paid, to his damage of £40. He shows the bond in court. [No further pleading on this roll.]

Pleading: [Hilary 1446, rot 414] JM asks to hear the bond and the condition, and these are read in court. Condition of bond is such that if John May, John Halle, John Warker and John Ayleway, all named within, should pay to RS £13 6s 8d at Michaelmas 1443, and the same amount at Easter 1444, then the bond shall be cancelled. He therefore says that the case should not continue, as he, JH and JA paid these sums at the feasts specified, according to this condition, at Newland in Gloucestershire.

Pleading: RS states that none of these three men paid the £13 6s 8d due to him at Michaelmas 1443, according to the condition. Enquiry on the country. Sheriff of Gloucestershire to have jury of Newland here at quindene of Easter.

Case notes: Continued on CP 40/740, rot 414. See also CP 40/740, rot 111, 413d and 414d for cases against Halle, Warker and Ayleway.

Court of Common Pleas, CP 40/739, rot. 411d

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

Pleading: William Warham states that on 16 April 1443 Joan, now wife of John Talbot, formerly wife of John Walker, while a single woman, made bond with him in £10, but neither her nor her new husband have paid, to his damage of £20. He shows the bond in court.

Pleading: John and Joan Talbot state that the bond was not made of Joan. Both parties place themselves on the country. Sheriff to have jury here at quindene of [?Hilary]. Bond to remain in custody of Henry Fylongley. Pledges named [damaged].

Case notes: Pleading damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 412d

Term: Michaelmas 1445
County: London
Writ type: Debt (bond)
Damages claimed: []
Case type: Bond

Pleading: William Warham states that on 1 May 1443 Thomas Hamond made bond with him in £40, but has not paid, to his damage of [lost]. He shows the bond in court.

Pleading: TH granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/739, rot. 414d

Term: Michaelmas 1445
County: London
Writ type: Debt (bond); Debt (other)
Damages claimed: £20
Case type: Bond; Real action / rents / damage to real estate

Pleading: Thomas Chycheley states that on [lost] July 1436 Robert Symeon made bond with him in £6, and on the same day he demised to RS at farm a messuage in All Hallows, Broad Street, London, for one year, at a rent of 42s 3d. However, RS did not pay either sum during his lifetime, and neither has Robert Wey his executor after his death, who still detains this £8 2s 3d, to his damage of £20. He shows the bond in court.

Pleading: RW states that he ought not owe either of these debts, since he has fully administered all the goods and chattels formerly of RS, and had nothing in his possession on the date of TC's original writ or afterwards.

Pleading: TC states that on the day of his original writ, namely 8 October 1445, RW had various goods and chattels formerly of RS which he had not administered, namely in All Hallows parish, Broad Street ward, London. Enquiry on country. Sheriff to have jury here at octave of Hilary.

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

Court of Common Pleas, CP 40/739, rot. 420d

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

Pleading: Joan Birchels, widow of Nicholas Birchels, John Cliston and [lost], executors of Nicholas Birchels, state that on [lost] July 1425 Nicholas Warde made a bond with Nicholas Birchels in 6m, payable at the feast of St James next, and also borrowed a further 3m from him, payable on request. However, he has not paid this sum, either to NB or to his executors, to their damage of [lost]. They show the bond of 6m in court, and the testamentary letters of NB, by which they have executry and administration.

Pleading: NW states that [damaged, sense unclear]. And regarding the remaining 40s, he states that he does not detain this or any money from the executors, as they claim. Both parties place themselves on the country.

Pleading: Executors state that NW's pleas are insufficient in law, and they seek judgment, the debt of 9m and damages. It seems to the justices that the plea of NW regarding the 40s debt is sufficient; executors to take nothing for their writ, but amerced for false claim. NW sent without day. However, plea for 6m debt is not sufficient, so executors to recover 6m against NW, and damages at 20s. NW amerced, and committed to the Fleet.

Case notes: Date of bond and loan lost, so due date of bond also uncertain.

Court of Common Pleas, CP 40/739, rot. 423

Term: Michaelmas 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: []
Case type: Assault

Pleading: William [lost] states that on 12 September 1445 Peter and Alice Roos forcibly assaulted his servant, John Mason, so that he was deprived of his service for 7 days, against the peace and to his damage of [lost].

Pleading: PR in person and AR by [omitted] her attorney deny responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Pledges named [damaged and incomplete, one lost].

Case notes: Pleading damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 426

Term: Michaelmas 1445
County: Northamptonshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Real action / rents / damage to real estate

Pleading: Thomas Lovet states that on 8 February [year lost] William Landwath made bond with him in £20, payable on 1 August next, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WL states that the case should not be maintained, since TL and his wife Maria, by a document which WL shows in court [date lost], demised at farm [lost] in the parish of St Edmund, [Langbourn ward, London], from [lost] for a term of 20 years, paying 11m per year in quarterly payments [various terms recited, but mainly lost]. TL and ML will warranty this property against any person, and the two parties each made a bond in £20 with the other to abide by these terms. WL states that he abided by these terms fully and faithfully.

Pleading: TL states that WL did not pay him the 36s 8d due to him at Michaelmas [year lost], due by the terms of the agreement.

Pleading: WL states that he did pay TL this 36s 8d at that time, according to the terms of the agreement. Both parties place themselves on the country. Sheriff of London to have jury of St Edmund's parish here at [lost] of Hilary.

Postea text: Sheriff said writ arrived too late, sicut prius, to [lost].

Case notes: Pleading badly damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 426d

Term: Michaelmas 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: Thomas Canynges states that on 2 October 1441 John Chykwell carried off a certain chest belonging to him, containing various charters, documents and other muniments, against the peace and to his damage of £20.

Pleading: JC granted licence to imparl to octave of Hilary, with assent of TC.

Court of Common Pleas, CP 40/739, rot. 429

Term: Michaelmas 1445
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Contract (service/employment); Sale of goods

Pleading: John Lambe[…] and Richard [or William] state that at Pentecost 1428 and at various times thereafter, William Hunt embroidered 100 gowns for Hamo Sutton at a cost of £12 14s 5d, payable on request, but HS did not pay WH, nor his administrators, appointed by Robert, Bishop of London, to their damage of £10.

Pleading: HS states that he does not detain this or any money from the administrators. Order that he wager his law at [lost]. Pledges named.

Postea text: HS made essoin, to Easter three weeks.

Postea text: HS came, administrators did not prosecute their writ. They and pledges amerced, HS sent without day.

Case notes: Pleading damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 457

Term: Michaelmas 1445
County: Kent
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 6s 8d
Costs: 46s 8d
Case type: Bond

Pleading: William Leycetre states that on 29 April [year lost] William Mette made bond with him in 10m, payable at Pentecost next, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: WM states that this bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Bond to remain in custody of Henry Fylongley.

Postea text: Process continued, jury in respite to morrow of Martinmas 1448. WL came by attorney, WM did not come. Jury taken by default, say that bond was made by WM as WL claimed. Damages assigned at 6s 8d, costs at 20s. Order that WL recover debt of 10m, damages and costs of 26s 8d assessed by jury, and a further 26s 8d costs assessed by the justices; total of 4m. WM to be taken.

Court of Common Pleas, CP 40/739, rot. 463d

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

Pleading: Robert Damyan and Thomas Stratton state that on 20 May 1444, John Marchall made bond with them in £10, but has not paid, to their damage of £20. They show the bond in court.

Pleading: JM granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1446, rot 85] JM states that, according to an agreement made between them, he was bound to the plaintiffs in this £10 under condition that if RD deliver one pack of woollen cloth worth £10 to a certain William Blak at Biggleswade, then the bond shall stand; otherwise it shall have no effect. However, at the time of the bond he was a layman and illiterate, and the bond was read to him with this condition, and he sealed it, believing it contained this condition. Therefore he states that this simple bond, without that condition, was not of his making. Parties place themselves on the country. Sheriff to have jury here at quindene of Easter. Document to remain in custody of Robert Darcy, for safe-keeping.

Case notes: Damaged. Continued on CP 40/740, rot 85.

Court of Common Pleas, CP 40/739, rot. 502d

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

Pleading: John Sutton states that on [lost] March 1444 Thomas Depnam made bond with him in 40s, payable at the vigil of Easter next, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: TD states that he should not owe this debt by virtue of this bond, since he is a man of very little learning, and that the bond was read to him as including the condition that if he paid to JS 6s 8d per year until this whole 40s be paid [rest of condition damaged], then the bond would be cancelled, and he, believing the bond to contain this condition, sealed it. Therefore, this bond, without this condition, was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Bond in custody of Henry Fylongley for safe-keeping.

Case notes: Probably a Middlesex case. Badly damaged, parts unclear.

Court of Common Pleas, CP 40/739, rot. 505

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

Pleading: George Eyre states that on 18 [month lost] 9 Henry V, William Knyght made bond with him in 60s, payable at Christmas next. However, he did not pay, and neither did his widow and executrix, Alice, nor her and Robert Marche after their marriage, to his damage of £10. He shows the bond in court.

Pleading: RM and AM state that on the day of GE's original writ RM was living at [lost] in Hampshire and not at Headbourne Worthy as the writ claims.

Pleading: GE states that on the day of his original writ, namely [lost] 23 Henry VI, RM was living at Headbourne Worthy, as the writ states. Enquiry on country. Sheriff of Hampshire to have jury of Headbourne Worthy here at [lost]. Pledges named for RM [damaged].

Postea text: sheriff did not send writ, sicut prius, to [lost].

Case notes: Damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 505d

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

Pleading: Roger and Alexander Haysand state that on 10 February 1444 Richard Heth made bond with them in 20m, but has not paid, to their damage of £20. They show the bond in court.

Pleading: RH granted licence to imparl to octave of Hilary.

Case notes: Similar case, different figures, on CP 40/740, rot 463.

Court of Common Pleas, CP 40/739, rot. 522d

Term: Michaelmas 1445
County: Suffolk
Writ type: Debt (account)
Damages claimed: 40m
Case type: Reckoning of account

Pleading: Robert Hogge states that on 10 March 1441 Joan Hille accounted before [lost] Tillote and John Nunne, auditors, for certain sums of money received for him by JH, and she was found to be in arrears to RH by £22 6s 7d. However, neither she nor her executor, Henry Jurdon, have paid, to his damage of 40m.

Pleading: HJ granted licence to imparl to octave of Hilary.

Case notes: Further pleading at Michaelmas 1446 (CP 40/743, rot 303), against Jurdon and another executor, William Chaumberleyn.

Court of Common Pleas, CP 40/739, rot. 528

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

Pleading: John Wenlok states that on 10 May [?17] Henry VI, William Capell made bond with him in £10, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: WC granted licence to imparl to [omitted], with assent of JW.

Court of Common Pleas, CP 40/739, rot. 528

Term: Michaelmas 1445
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Arbitration; Housebreaking; Taking of goods

Pleading: John Michell states that on 25 June 1444 Thomas Hertwell and Ellen, former wife of Robert Michell, forcibly broke his close and house at Ridge and carried off goods to the value of 100s, namely 15 carts of hay, four quarters of grain and six quarters of oats and peas, and destroyed other crops and grass worth 100s, depasturing his animals. This was against the peace, and to his damage of £20.

Pleading: TH and EM granted licence to imparl to octave of Hilary, with assent of JM.

Pleading: [continued on CP 40/741, rot 410d (Easter 1446)] TH and EH deny force and arms. All parties place themselves on the country. Regarding the rest, they say that JM ought not have his action, since both TH and JM, on 28 October 1445, placed themselves in arbitration in the parish of Gracechurch (presumably St Benet Gracechurch) before [omitted], parson of St Thomas the Apostle London, and Thomas Bury, arbiters, regarding this and all other outstanding disputes between them, who adjudged that the damages sustained by TH in trespasses by JM was much greater than the damage sustained by JM from trespasses by TH, and therefore JM should pay to TH 40 quarters of charcoal ('carbonum') within the next quarter of a year in full settlement of all grievances, to which JM agreed.

Pleading: JM states that there was never any such arbitration between him and TH as claimed by TH and EH. Enquiry on country. Sheriff of London to have jury of [St Benet?] Gracechurch here at octave of Trinity. TH and EH appoint William Praers as their attorney.

Postea text: Further licence to imparl to Easter term [1446].

Postea text: [On CP 40/741] Sheriff did not send writ, sicut prius to quindene of Michaelmas 1446.

Case notes: Continued on CP 40/741, rot 410d (Easter 1446).

Court of Common Pleas, CP 40/739, rot. 541

Term: Michaelmas 1445
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Housebreaking; Taking of goods

Pleading: Thomas Burgeys states that on [lost] June 1442 John French, together with William Godescok and John Bilby, broke his close at Graveney and took 35 sheep worth 100s, against the peace and to his damage of 100s.

Pleading: JF granted licence to imparl to quindene of Hilary, with assent of TB.

Case notes: See also CP 40/742, rot 110, for identical case involving 36 sheep.

Court of Common Pleas, CP 40/739, rot. 582

Term: Michaelmas 1445
County: Kent
Writ type: Account
Damages claimed: £40
Case type: Contract (service/employment); Real action / rents / damage to real estate; Reckoning of account

Pleading: Richard Lovelas amerced for many defaults. Margery, former wife of William Burton, Robert Marchall and Richard Lee, executors of William Burton, state that whereas Edward, late earl of March, was formerly seised of the manor of Kingsdown in Kent, within which manor it was the custom for the suitors at the court held after Michaelmas to elect [illegible] tenants to serve as provosts of the manor for the following year, with various duties and rights [detailed, but damaged and partially illegible]. At the feast of [lost] 7 Henry V, the earl demised the manor to William Burton, the testator, for a certain term [lost]. He died, having appointed executors, and the executors took possession. At the court held at Kingsdown on [lost] October 1438, before Thomas Burgays, Richard Lovelas, a tenant of the manor holding by various terms [given], was elected as one of the provosts, and was expected to render account for the various rents, farms, fines, amercements, etc he collected. As provost he received various sums of money, by the hand of Richard Loveles, Reginald Man and others [lost], but has refused to render account for these sums, to the damage of the executors of £40.

Pleading: Richard Lovelas states that on 10 October 1439, at Kingsdown, he fully accounted with and before the executors for these sums.

Pleading: The executors state that RL did not account with them on that day, as he claims. Enquiry on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/739, rot. 611

Term: Michaelmas 1445
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: John Hale and Edmund Hale state that on 11 July 1442 John Aleyn forcibly broke their close at Bromley by Farnborough, cut and took ten cartloads of hay worth 10m, destroyed his grass and depastured his animals, against the peace and to his damage of 20m.

Pleading: JA denies force and arms. Both parties place themselves on the country. And concerning the rest, he states that they ought not maintain their action, as the place in which this trespass was supposed to have occurred was nine acres of land with appurtenances in Bromley, of which John, Archbishop of Canterbury, Edmund Hungerford and Robert Est were seised long before this time, and thus seised, on 2 June [year lost], they demised this property to JA for 20 years, and he and his wife Elizabeth were thus seised. [Pleading damaged and incomplete, but seems to suggest JH and EH claimed possession by right of an earlier demise, and entered the property, following which JA and EA re-entered, this being the alleged trespass.]

Pleading: JH and EH state that they were seised of this property long before the Archbishop, etc had anything in it, until they were unjustly disseised by JA [rest of pleading damaged and incomplete].

Pleading: JA states that the Archbishop, Hungerford and Est were seised of this property in their demesne as of fee, and demised it to him and his wife, and were in such possession on the date of the alleged trespass.

Pleading: JH and EH state that JA disseised them of this property, as they claimed. Enquiry on country. Sheriff to have jury here at octave of Hilary.

Case notes: Identical case on CP 40/738, rot 541d, except value of damages 10m rather than £10. May be clerical error.

Court of Common Pleas, CP 40/739, rot. 611d

Term: Michaelmas 1445
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 20s
Costs: 40s
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: Thomas Scargyll, John Boys and William Fesyng state that on 1 May 1441, and at various times between then and Michaelmas 1444, Thomas Coventre forcibly broke their close at Chigwell, and cut and carried off trees, namely 40 oaks, 40 elms and 20 ashes, and 40 carts of underwood, to a value of 10m, against the peace and to their damage of £40.

Pleading: TC granted licence to imparl to octave of Hilary.

Pleading: [continued at Hilary 1446, rot 321] TC denies force and arms. Parties place themselves on the country. Concerning the rest, he states they should not maintain their action, as a certain Alice Dodde was seised in her demesne as of fee of a messuage and 20 acres of land with appurtenances in Chigwell, of which the close concerned was a parcel, and long before the time of this alleged trespass, by a charter which he shows in court, dated 3 April 1441 and sealed by him, she granted this tenement to him, as part of the lands which she held in Chigwell which were formerly held by William Dodde of Chigwell, her former husband, to hold of the chief lord of the fee, under condition that if TC or his heirs spend 10m on repairs to this property in the next 5 years, and if Alice or her heirs pay this 10m to TC or his heirs on 25 March 1446, together with a further 10m, or if TC change the status of this property in this period, then Alice may re-enter the property, provided always that the lands, etc, remain to Alice and her heirs after these payments. And Alice granted that if she or her heirs default in paying this 20m, then TC should pay to Alice 20s at 25 March 1447 at St Katherine Cree in London, and the same amount on that date from year to year until 100s are paid to Alice, and if Alice or her heirs, immediately after payment of this 100s, does not hand over the other half of the charter sealed by TC, then the charter and seisin shall remain in force. And if TC default in payment of any part of this 100s, then Alice and her heirs may re-enter the property. Alice also agreed to warrant and defend TC's possession of this property. He thus held it until Richard Dodde intruded upon his possession, and enfeoffed the plaintiffs, by which pretext they entered the property. He himself then re-entered the property and cut the trees, as he was in possession and it was his right.

Pleading: The plaintiffs, not acknowledging anything said by TC, state that it is true that Alice was seised of this property, but that before she made the gift to TC she granted the property to Richard Dodde, and thus seised, before the time of the trespass, he enfeoffed the plaintiffs, by virtue of which enfeoffment they were seised at the time of the trespass,

Pleading: TC states that Alice was seised, and granted it by her charter to him, as detailed, by virtue of which he was so seised at the time of the trespass, and not that she gave the property to RD before the date of the charter, as the plaintiffs have claimed.

Pleading: Plaintiffs state that Alice granted the property to RD before the grant to TC. Enquiry on the country. Sheriff to have jury here at quindene of Easter. Pledges named. TC quit.

Postea text: [On CP 40/740] Process continued, jury in respite to octave of Trinity 1446. Parties came, jury came, said that Alice granted this property to Robert Dodde before the grant to TC, as the plaintiffs alleged. Damages assigned to plaintiffs at 20s, costs at 26s 8d. Order that plaintiffs recover this, and a further 13s 4d costs assigned by the court at their request, to a total of 60s. TC to be taken.

Postea text: TC committed to the Fleet prison. TC makes satisfaction of the damages, seeks to make fine with the king, allowed for 10s, by pledge of Thomas Pecke and John Grene.

Case notes: Badly damaged and incomplete. Repeated and continued on CP 40/740, rot 321 (Hilary 1446).

Court of Common Pleas, CP 40/739, rot. 618d

Term: Michaelmas 1445
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 6s 8d
Costs: 77s
Case type: Arbitration; Housebreaking; Taking of goods

Pleading: Alan Jonson states that on 12 February 1440, William Lymynden forcibly broke his close at Hadleigh and cut and carried off 90 oak trees and 20 carts of underwood faggots, to a value of £20. This was against the peace, and to his damage of £40.

Pleading: WL denies force and arms. Both parties place themselves on the country. And regarding the rest, he states that the case should not be maintained, since after the date of this alleged trespass, on 2 May 1440, he agreed to stand in the arbitration of Thomas Blosum and Robert Roo, parson of [lost], arbiters, regarding all personal actions outstanding between him and AJ, and they said that he should pay AJ 26s 8d in full compensation of all such outstanding actions. This he duly paid.

Pleading: AJ states that he never entered any such arbitration with WL, as WL claims. Enquiry on country. Sheriff of London to have jury of St Peter Cornhill here at octave of Hilary. Pledges named.

Postea text: Process continued, jury in respite to octave of Trinity 1446, nisi prius they come before John Portyngton at St Martin le Grand on Saturday after Ascension next (28 May 1446). On that day, JP sent record that on that day, before him and Thomas Folketon, parties came, jury said there was never any such arbitration. Damages assigned to AJ at 6s 8d, costs of 40s. Further 37s assigned by justices. WL to be taken.

Postea text: On 3 November [year lost], William Staynford, attorney of AJ acknowledged satisfaction of the [damages]. WL quit.

Case notes: Pleadings damaged and incomplete.

Court of Common Pleas, CP 40/739, rot. 634d

Term: Michaelmas 1445
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: Joan Dursle states that at Michaelmas 1441 John Smyth borrowed £16 5s 9d from her, payable at Easter next, but has not paid, to her damage of £10.

Pleading: JS states that, concerning £8 of this sum, he does not owe this or any money to JD as claimed. Order that he wager his law at octave of Hilary. Pledges named. And concerning the remaining £8 5s 9d, he states that she ought not have her action, since on 1 October 1441, at Cavendish, he [pleading damaged and uncertain, appears to refer to the making of another document relating to this sum].

Pleading: JD denies this. Enquiry on country. Sheriff to have jury of Cavendish here at same term.