CP40/743: Michaelmas term 1446

Court of Common Pleas, CP 40/743, rot. 052

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Eskevyn states that on 17 January 1434 Thomas Basset made two bonds with him, each in £6, but has not paid either debt, to his damage of 10m. He shows the bonds in court.

Pleading: TB granted licence to imparl to octave of Hilary. He appoints Richard Skylfull as his attorney.

Postea text: 15 further licences to imparl, to quindene of Michaelmas 1450.

Court of Common Pleas, CP 40/743, rot. 052d

Term: Michaelmas 1446
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account; Sale of goods

Pleading: William Tounlond states that on 17 February 1442 he and Andrew Hillesden accounted together for various merchandise bought from him before that time by AH, and for various sums of money received by him from AH in part payment of this merchandise, and AH was found to be in arrears by 75s 10d. However, AH has not paid this sum, to his damage of 100s.

Pleading: AH granted licence to imparl to octave of Hilary. Pledges named.

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

Court of Common Pleas, CP 40/743, rot. 052d

Term: Michaelmas 1446
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Contract (general)

Pleading: William Coton states that at Michaelmas 1443 Thomas Baude placed his daughter Elizabeth in his household for 66½ weeks and one day, paying 5m for her lodgings, and although Elizabeth stayed with WC for that period, TB has not paid this sum to his damage of 100s.

Pleading: TB, by attorney [name omitted], defends force and injury [pleading incomplete].

Court of Common Pleas, CP 40/743, rot. 101d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Bernyngham states that on 8 May 1442 Thomas Delle made bond with him in £10, but has not paid, to his damage of £20. He shows the bond in court.

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

Pleading: [continued at Hilary 1447, rot 108d] TD states that he ought not owe this debt, as on the making of this bond he made an agreement with William [surname omitted], attorney of JB, that he would enter this bond on condition, stated within it, that if TD pay JB 100s at this feast, then the bond would be cancelled. And he states that he is a man of little learning, and that the bond was read to him including this condition. Since this bond does not contain that condition, he says that this bond was not of his making. Both parties 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: Continued on CP 40/744, rot 108d

Court of Common Pleas, CP 40/743, rot. 104d

Term: Michaelmas 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: John Estfeld states that on 12 August 1445 Richard Snelgare bought from him one pipe of red wine for 4m, payable on request, but has not paid, to his damage of 20m.

Pleading: RS, by attorney [omitted], granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/743, rot. 104d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Pygot states that on 28 September 1438 William Hawkyn made bond with him in 4m, but has not paid, to his damage of 100s. He shows the bond in court.

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

Postea text: 3 further licences to imparl, to octave of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 105d

Term: Michaelmas 1446
County: Middlesex
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: William Person states that on 10 January 1446 John Gest accounted before John Stable and Thomas Skydmore, auditors, for various sums of money received by JG for WP before that date. JG was found to be in arrears by 46s 8d, but has not paid, to his damage of 100s.

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

Court of Common Pleas, CP 40/743, rot. 111

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Sale of goods

Pleading: Joan, former wife of John Stykker states that on 20 December 1440 John Smalye made bond with her and her late husband in £25 for merchandise bought from them in the Westminster staple, payable at Christmas next and recoverable under the statute staple. However, JS did not pay this debt himself, and nor has his widow Christina or her and her new husband, John Holme (the defendants), to her damage of £40. She shows the bond in court.

Pleading: John and Christina Holme state that CH was never an executor of John Smalye, and never had administration of any of his goods.

Pleading: Joan S states that after the death of John Smalye CH administered various goods held by him on the day of his death, as executor of his will, namely at Stratford at Bow and elsewhere. Enquiry on country. Sheriff of Middlesex to have jury of Stratford at Bow here at octave of Hilary.

Postea text: Sheriff said writ arrived to late, to quindene of Easter.

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

Court of Common Pleas, CP 40/743, rot. 112d

Term: Michaelmas 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John Payn states that on 8 June 1444 Lawrence Stonstrete bought from him one butt of 'Tyre' and two pipes of red wine for £11, payable on request, but has not paid, to his damage of £20.

Pleading: LS, by attorney [name omitted], granted licence to imparl to octave of Hilary, with assent of JP.

Court of Common Pleas, CP 40/743, rot. 114d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: John Radclyf states that on 9 January 1443 Henry Durant made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

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

Pleading: JR denies this, stating that at the time of the bond HD was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Wiltshire to have jury of Salisbury here at the octave of Hilary. HD appoints [name omitted] as attorney.

Court of Common Pleas, CP 40/743, rot. 118

Term: Michaelmas 1446
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Henry Brook states that on 16 July 1437, at [omitted], William Bryghtes made bond with him in 20m, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: WB states that on the day of the original writ of HB he was staying at Layston and not at Buntingford, as the writ supposes.

Pleading: HB states that on the day of the original writ he was staying at Buntingford, as the writ supposes. Enquiry on the country. Sheriff of Hertfordshire to have jury of Buntingford here at octave of Hilary.

Postea text: Sheriff did not send writ [incomplete].

Court of Common Pleas, CP 40/743, rot. 132d

Term: Michaelmas 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: John Clyfton and Robert Broun state that on 29 June 1444 Peter Rykeman bought from them 4 cartloads of hay and 30 stacks ('tassas') of grain, 40 stacks of barley, 42 stacks of oats, 12 stacks of peas called 'coppys', 24 geese, 27 piglets, 6 lambs and 10lb of wool for 5m, payable on request, but has not paid, to their damage of £10.

Pleading: PR states that he does not owe this or any money as claimed. Wagers his law immediately. JC and RB take nothing, amerced for false claim. PR sent without day.

Court of Common Pleas, CP 40/743, rot. 135

Term: Michaelmas 1446
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £40
Damages awarded: £10
Case type: Breach of Statute; Maintenance

Pleading: Richard Broker, citing the terms of the statute against maintenance, states that on 18 November 1443 Thomas Spencer illegally maintained the case of Margaret Styward in her case against him and his wife Sybil (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: TS denies this charge. Both parties place themselves on the country. Sheriff to have jury here at morrow of All Souls.

Postea text: Process continued, jury in respite to octave of Hilary 1447. Parties came, jury came, said that TS did maintain this case as claimed by RB. Damages and costs assigned together at £10.

Case notes: For a related case against Robert Trygge, see Michaelmas 1445, rot 304.

Court of Common Pleas, CP 40/743, rot. 138

Term: Michaelmas 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Arbitration; Assault

Pleading: Robert Tunman states that on 2 May 1435 Thomas Sprotte, together with Thomas Barker, assaulted him in London, against the peace and to his damage of £20.

Pleading: TS denies force and arms. Both parties on the country. Regarding the rest, he states that the case should cease, since after the date of the supposed trespass, namely on 22 June 1446, at Barnsley, by the mediation of their friends, having examined all the outstanding quarrels and issues outstanding between them, it was agreed that he should pay to RT one gallon of wine, and both would then be quit regarding all actions outstanding against the other. He duly gave the gallon of wine to RT.

Pleading: RT states that there was never any such agreement made between them. Enquiry on the country. Sheriff of Yorkshire to have jury of Barnsley here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/743, rot. 139

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 10s
Case type: Bond

Pleading: Richard Illyngworth and Thomas Daventre state that on 3 September 1443 John Thrysk made bond with them in 6m 6s 8d, but has not paid, to their damage of 40s. They show the bond in court.

Pleading: JT admits the debt. RI and TD to recover debt, and damages of 10s. JT amerced.

Court of Common Pleas, CP 40/743, rot. 139d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 20s
Costs: £3 6s 8d
Case type: Bond

Pleading: Bernard Justynyan states that on 5 October 1444 John Bale made bond with him in £9 4s 10d, but has not paid, to his damage of 40s. He shows the bond in court.

Pleading: JB states that he ought not owe this debt, as this bond was made to BJ on certain conditions, namely that if JB deliver 26lb of raw silk ('cerico aperto') worth 6s per pound to BJ in St Benet Fink in London by that 1 April, then the bond shall be cancelled. He states that he is a man of little learning, and that the bond was read to him containing this condition. He believing that the bond contained this condition, sealed it, and therefore he states that this simple bond, not containing this condition, 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 safe custody of Robert Darcy.

Postea text: Process continued, jury in respite to morrow of St John the Baptist 1448, nisi prius they come before Richard Neuton at St Martin le Grand on 4 June 1448. On this day, BJ came, RN sent record that on that day, before RN and John Danyell, parties came, jury came, said that this bond was made of JB, as claimed by BJ. Damages assigned at 20s, costs at £3. Order that BJ recover debt, plus damages, plus a further 6s 8d costs assigned by the court. JB to be taken.

Postea text: All records on this case to be sent before the king by virtue of a writ of error dated 29 June 1449 [presumably error for 1448], directed to Richard Neuton.

Case notes: Possibly continued from CP 40/742, rot 419, but damages claimed there at £10, and no attorney named there for defendant.

Court of Common Pleas, CP 40/743, rot. 214

Term: Michaelmas 1446
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 6m
Costs: 4m
Case type: Imprisonment; Real action / rents / damage to real estate; Usurpation / abuse of rights

Pleading: William Colyer states that on 29 May 1446 William Malyverer, John Gayneford, John Ward and John Marchall forcibly took him at Shenley Maunsell [Shenley] and imprisoned him for one day until he made a fine in 20m for his release, against the peace and to his damage of £40.

Pleading: The defendants state that WC ought not respond to this writ as he is their villein, pertaining to their manor of Shenley Maunsell, which they hold, and at the time of the alleged trespass did hold, in their demesne as of fee.

Pleading: WC states that he is a free man, and not a villein as they claim. Enquiry on the country. Sheriff to have jury here at morrow of All Souls.

Pleading: [Further pleadings in this case at Easter 1447, rot 321] Jury of 24 knights of Shenley came to recognise whether the original jurors in this case made false oath. Parties came, as did the 12 original jurors (named). WC and the jurors seek to hear the original writ of attaint, and this is read, and also the pleading, and this is read [recited, as above, Michaelmas term 1446, rot 214]. Having heard this, WC and the jurors all say that WM, JG, JW and JM made false oath.

Pleading: WM, JG, JW and JM state that the jurors made false oath when they stated that WC was a free man and not their villein, since they say he is their villein at that manor.

Pleading: WC and the jurors state that the jurors were truthful in everything they said. All parties on the country. Jury of 24 knights to be taken, to quindene of Trinity nisi prius they come before RB on Saturday after Trinity (10 June 1447) at Stony Stratford. Sheriff to have jury of 24, parties and the original jury of 12 there.

Postea text: Jury placed in respite to octave of Hilary 1447, nisi prius they come before Richard Byngham at Stony Stratford on 19 January 1447. On that day, WC came, RB sent record that on that day, before him and Henry Whateley, parties came, jury came, said that WC was a free man and not a villein. Damages assigned at 6m, costs at 4m. Order that WC recover these 10m, defendants to be taken.

Postea text: [On CP 40/745, rot 321d] At quindene of Trinity, WC and original jury came in person, RB sent record that on that day, before him and Hugh Skevyngton, parties came by attorney, and jury of 12 in person, jury of 24 said that the jury of 12 made good oath in everything they said. Order that WM, JG, JW and JM take nothing, but should be taken for their false claim. WC and jury of 12 sent without day.

Case notes: Further pleading in this case on CP 40/745, rot 321.

Court of Common Pleas, CP 40/743, rot. 247

Term: Michaelmas 1446
County: Berkshire
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas Godard, William Parkyns and Henry Berkesdale, executors of the will of John Chylrey, together with John Chyppys and his wife Joan, former wife and also executor of John Chylrey, states that on 31 May 1434 Robert Jacob made two bonds with John Chylrey, each in £20. However, he has not paid either debt, either to John Chylrey or his executors, to their damage of £40. They show the bonds in court, and the testamentary letters of John Chylrey, by which they are executors and have administration. They say that the bonds were made in Newbury.

Pleading: RJ states that these bonds were not of his making. All parties place themselves on the country. Sheriff to have jury here at morrow of Martinmas. Documents to remain in custody of Robert Darcy. Pledges named.

Postea text: Documents delivered to Richard Neuton, RD quit.

Postea text: Documents returned to RD, RN quit.

Court of Common Pleas, CP 40/743, rot. 303

Term: Michaelmas 1446
County: Suffolk
Writ type: Debt (account)
Damages claimed: £24
Case type: Reckoning of account

Pleading: Robert Hogge states that on 10 March 1441 Joan Hille accounted before Roger 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 executors, Henry Jurdon and William Chaumberleyn, have paid, to his damage of £24.

Pleading: HJ and WC state that JH did not account with RH before these auditors as claimed. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Postea text: 9 posteas, sheriff did not send writ, to Easter 3 weeks 1449.

Case notes: Earlier pleading on CP 40/739, rot 522d (Michaelmas 1445), against Jurdon only.

Court of Common Pleas, CP 40/743, rot. 304

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Damages awarded: 26s 8d
Costs: 40s
Case type: Bond

Pleading: John Rous states that on 7 January 1444 William Stephenson made bond with him in £40, but has not paid, to his damage of 100m. He shows the bond in court.

Pleading: WS states that he ought not be bound to this debt, as he only made it after threats made against him at that time by JR at Stratford at Bow, that he would imprison, beat and wound him if he did not make this bond.

Pleading: JR states that the case should continue, as WS made the bond freely and not under any threats as he claimed. Enquiry on the country. Sheriff of Middlesex to have jury of Stratford at Bow here at octave of Martinmas. WS appoints John Bedford as his attorney.

Pleading: [rot 304d] Related entry recording order to the sheriff of Middlesex to arrest WS, outlawed in London on 14 March 1446 on plea of debt by JR, and have him here at quindene of Michaelmas. WS brought forward by the sheriff and committed to the Fleet. WS states that he ought not be committed, as on the day of the original writ [date omitted], he was staying in Southwark and not in London as given in the writ. Order to sheriff of Middlesex to warn JR to be here at [omitted] to maintain his suit. Pledges named for WS.

Postea text: Process continued, jury in respite to octave of St John the Baptist next. Parties came, jury came, said that WS made the bond freely and not under threats. Damages assigned at 26s 8d, costs at 20s. JR to recover debt and damages, and further 20s in costs assigned by the court. Total of 5m. WS amerced.

Postea text: Record and process sent before the king, by virtue of writ of error directed to Richard Neuton, dated 24 September 1446.

Case notes: Includes secondary pleading on following rot.

Court of Common Pleas, CP 40/743, rot. 306

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 6s 8d
Case type: Bond

Pleading: Robert Gayton states that on 17 June 1444 Gilbert Lydyet made bond with him in £27 11s 7d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: GL seeks licence to imparl, and this is granted. Later GL, sworn to respond to RG, did not return and withdrew without giving his oath, in contempt of the court. RG seeks judgment by default. Order that RG recover debt, and damages assigned at 6s 8d. GL amerced.

Case notes: Largely identical case on debt due on different date on rot 306d. Same outcome.

Court of Common Pleas, CP 40/743, rot. 306d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 6s 8d
Case type: Bond

Pleading: Robert Gayton states that on 17 June 1444 Gilbert Lydyet made bond with him in £27 11s 7d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: GL seeks licence to imparl, and this is granted. Later GL, sworn to respond to RG, did not return and withdrew without giving his oath, in contempt of the court. RG seeks judgment by default. Order that RG recover debt, and damages assigned at 6s 8d. GL amerced.

Case notes: Largely identical case on debt due on different date on rot 306. Same outcome.

Court of Common Pleas, CP 40/743, rot. 307

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas Tregodek and Ralph Drewe state that on 12 January 1443 John Machon made bond with them in 100s, 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, with assent of TT.

Postea text: 16 further licences to imparl. Penultimate entry to octave of Hilary 1451, final licence illegible.

Court of Common Pleas, CP 40/743, rot. 308

Term: Michaelmas 1446
County: London
Writ type: Debt (loan)
Damages claimed: £10
Damages awarded: 6s 8d
Case type: Loan

Pleading: Thomas Bretell states that on 10 October 1444 Walter Norfolk borrowed 41s 10d from him, but has not repaid this, to his damage of £10.

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

Postea text: 2 further licences to imparl to octave of Trinity 1447.

Postea text: TB came, WN did not come, in default. TB to recover debt, and damages of 6s 8d. WN amerced.

Court of Common Pleas, CP 40/743, rot. 313d

Term: Michaelmas 1446
County: Suffolk
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: £10
Case type: Real action / rents / damage to real estate; Sale of goods

Pleading: John Odeham states that at Michaelmas 1436, at Fornham All Saints, he demised at farm to John Wylllyngham a grange, a dovecot and a garden with appurtenances in Bury St Edmunds, to hold for 8 years at an annual rent of 14s. JW occupied this property for this term, but £4 18s, the rent for 7 of these 8 years, is in arrears and owed. Also, on 20 June 1435 JW bought from him 13 ells of violet woollen cloth for 15s and 2½ yards of black cloth for 18s, but has not paid this either, to a total of 8m 10s, and to his damage of £10.

Pleading: JW states that, regarding the £4 18s, he does not owe this or any money. Both parties place themselves on the country. Sheriff to have jury here at morrow of All Souls. And regarding the remaining 18s 8d of the 8m 10s claimed, he states that he does not owe JO this or any money as claimed. Order that he wager his law at that same term, pledges named. Attorney ordered to have master here at that term.

Postea text: JO came by attorney, JW in person, JW makes his law regarding the 18s 8d. JOP amerced for false claim. Concerning the other issue, the sheriff did nothing, and did not send the writ, sicut prius to octave of Hilary.

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

Case notes: Figures in first pleading do not add up - total 9m 11s. However, defendant's response has correct sums.

Court of Common Pleas, CP 40/743, rot. 316

Term: Michaelmas 1446
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: John Rous states that on 9 March 1443 he delivered to Agnes, former wife of Thomas Hille and former wife of William Stephenson, when she was single, a certain chest containing charters. These were:- - a charter dated 4 October 1431 by which John, former abbot of St Mary Graces, and the convent of that house granted at farm to a certain John Rolf and his wife Joan all their gardens lying at Tower Hill, between the garden held by Margery Welton and the lane of the abbot and convent leading to the mill of St Katherine to the west, the gardens of John Horold and Ralph Bate to the north, the gardens of Thomas Hatcher and Peter atte Vyne to the east, and the gardens of John Cokke to the south, to hold with free access from Michaelmas next for 20 years, at an annual rent of one capon, due at the Nativity of St John the Baptist, and paying all spiritual and temporal burdens and taxes due on the gardens; - another charter dated 25 November 1434 by which Robert, abbot of St Mary Graces, and the convent of that house, demised to Thomas Hille a certain parcel of wharfage lying next to the watermill called the 'Crasmyll' ('Graces' Mill', 'Crachemilles'), formerly held by John Rolf, measuring 122 feet along the River Thames from the corner of the wharf to the east up to the parcel of the wharf which John Bardolf then held of the abbot, and further down 110 feet, and 66 feet in width, to hold from Christmas 1434 for 80 years, rendering 20s per year to the abbot and his successors; - another charter by which John Rolf granted to Thomas Hille all his interests in the gardens on Tower Hill [as mentioned above]. Thomas Hille, having appointed Agnes as his executor in the church of All Hallows Barking, later died, and Agnes was in possession of the gardens and the wharfage. She then, in the parish of St Botolph without Aldgate, granted these to John Rous and JR was in possession. Then, by a certain written release, Abbot Robert quitclaimed to JR for his life all his rights and claims in the gardens and wharfage. By this, JR was seised of this property as of free tenement, and Agnes was in possession of this chest containing these and other documents. Agnes then died, and on 2 April 1443 the chest came into the possession of William Stephenson. JR has asked for it to be delivered to him, but WS refuses, to his damage of £100.

Pleading: WS states that he has never detained this chest and charters, or any charters, from JR as claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Pledges named.

Case notes: For related action by the abbot, see CP 40/744, rot 371d

Court of Common Pleas, CP 40/743, rot. 319d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond; Imprisonment

Pleading: Lucas de Umald and Balthasar Lercarius, merchants of Genoa, state that on 5 October 1442 John Carter made bond with them in £40, but has not paid, to their damage of 100m. They show the bond in court.

Pleading: JC states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in Sandwich, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond JC was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury here at the octave of Hilary from the neighbourhood of Sandwich, which is one of the Cinque Ports, where the king's writ does not run. Pledges named.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Trinity 1447.

Case notes: For identical cases against different defendants see rot 401 and rot 401d.

Court of Common Pleas, CP 40/743, rot. 320d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Bluet and Thomas Yonge state that on 12 December 1443 John Radberd made bond with them in £40, but has not paid, to their damage of £40. They show the bond in court.

Pleading: JR granted licence to imparl to quindene of Hilary, with assent of plaintiffs. Pledges named.

Postea text: Further licence to imparl to quindene of Easter, with assent.

Court of Common Pleas, CP 40/743, rot. 326

Term: Michaelmas 1446
County: London
Writ type: Detinue
Damages claimed: 40s
Case type: Bond; Detention of goods; Safe keeping

Pleading: Thomas Tregodek states that on 23 November 1437 he delivered to John Reynold for safe-keeping a certain chest containing various charters and documents, including a document by which TT was bound to JR in 40s. He now refuses to return this chest, to his damage of 40s.

Pleading: JR states that he does not detain this chest and the documents. Order that he wager his law at octave of Hilary, pledges named. Attorney to have him here on that day.

Court of Common Pleas, CP 40/743, rot. 327d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Damages awarded: 10m
Costs: 5m
Case type: Bond; Imprisonment

Pleading: Thomas Pery and Robert Barley state that on 11 January 1443 John Brownyng made bond with them in £16, payable in four instalments, but has not paid, to their damage of 20m. They show the bond in court.

Pleading: JB states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in Furland in Somerset, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond JR was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Somerset to have jury of Furland here at the octave of Hilary.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1447, nisi prius they come before the justices of assize in Somerset at Ilchester on 24 July 1447. On this day, plaintiffs come, justices of assize send record that on that day, before Richard Neuton and Nicholas Ayssheton, parties came, jury came, said that TB was not imprisoned at the time of the making of this bond. Damages assigned at 10m, costs at 5m. Order that plaintiffs recover the debt, and damages. JB amerced.

Case notes: See also rot 332.

Court of Common Pleas, CP 40/743, rot. 332

Term: Michaelmas 1446
County: Somerset
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Bond; Imprisonment

Pleading: John Brounyng states that on 9 January 1443, at Furland, Robert Berley, Thomas Pery and Richard Hauke forcibly took him and imprisoned him for two days until he made a bond with them in £16, against the peace and to his damage of £100.

Pleading: Defendants deny this claim. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Case notes: See also rot 327d.

Court of Common Pleas, CP 40/743, rot. 337d

Term: Michaelmas 1446
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Contract (service/employment); Debt

Pleading: Robert Constable states that on 6 January 1440 he was retained by Thomas Grene to serve him as steward of his household for two years, at a salary of 100s per year. He served TG faithfully in that office for that period, but TG has not paid this £10, to his damage of 100s.

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

Court of Common Pleas, CP 40/743, rot. 338d

Term: Michaelmas 1446
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Henry Dukmonton, executor of Thomas Dukmonton, states that on 1 April 1443 Thomas Shut borrowed £16 from Thomas Dukmonton, now deceased, payable on request. However, TS has not repaid this, either to TD or to HD as his executor, to his damage of 100s.

Pleading: TS states that he does not detain this or any money from HD. Makes his law immediately. HD amerced for false claim. TS sent without day.

Court of Common Pleas, CP 40/743, rot. 340d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 13s 4d
Costs: 40s
Case type: Bond; Sale of goods

Pleading: John Godber states that on 8 January 1439 Richard Fyne made bond with him in £16, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RF states that he ought not be bound to this debt, as he made the bond with JG on certain conditions, namely that if JG did not exonerate him from a bond of £16 in which they were jointly bound to pay to John, abbot of Ramsey, for 20 oxen ('bobi') which they had bought from him and John Akkymbery, prior of St Ives at All Saints 1438, then the bond shall have no effect. He is a man of little learning, and when this bond was read to him as containing this condition, he sealed it believing it to be included. Therefore the bond here, not containing this condition, was not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Hilary. Bond to remain in custody of Robert Darcy.

Postea text: Process continued, jury in respite to octave of Michaelmas 1447, nisi prius they come before RN at St Martin le Grand on 6 July 1447. On this day, JG came, RN sent record that on that day, before RN and John Danyell, parties came, jury came, said that the bond was made of RF, as JG claimed. Damages assigned to JG at 13s 4d, costs at 26s 8d. Order that JG recover debt of £16, damages of 40s assigned by the jury, and a further 13s 4d costs assigned by the court. RF to be taken.

Postea text: Document delivered to Richard Neuton, chief justice, RD quit.

Postea text: RN returned the document to RD, RN quit.

Court of Common Pleas, CP 40/743, rot. 395

Term: Michaelmas 1446
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Assault; Imprisonment

Pleading: Robert Smalwode states that on 20 September 1446 Edward Cope and Thomas Cope of London, Edward Cope of Southwark, and John Hube and John Groos of London forcibly assaulted him in Southwark, and imprisoned him until he made a fine with them in 10m for his release. This was against the peace and to his damage of 20m.

Pleading: The defendants deny responsibility for this trespass. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/743, rot. 401

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond; Imprisonment

Pleading: Lucas de Umald and Balthasar Lercarius, merchants of Genoa, state that on 5 October 1442 John Hayward made bond with them in £40, but has not paid, to their damage of 100m. They show the bond in court.

Pleading: JH states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in Sandwich, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond JH was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury here at the octave of Hilary from the neighbourhood of Sandwich, which is one of the Cinque Ports, where the king's writ does not run. Pledges named.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Trinity 1447 (two posteas the same).

Case notes: For identical cases against different defendants see rot 319d and rot 401d.

Court of Common Pleas, CP 40/743, rot. 401d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Damages awarded: 40s
Costs: £8
Case type: Assault; Imprisonment

Pleading: Lucas de Umald and Balthasar Lercarius, merchants of Genoa, state that on 5 October 1442 Thomas Brok made bond with them in £40, but has not paid, to their damage of 100m. They show the bond in court.

Pleading: TB states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in Sandwich, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond TB was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Plaintiffs state that Sandwich is in the county of Kent, and within the Cinque Ports, where the king's writ does not run. Sheriff of Kent to have jury here at the octave of Martinmas from the neighbourhood of Sandwich. Pledges named.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1447, nisi prius they come before the justices of assize in Kent at Canterbury on 31 July 1447. On this day, plaintiffs come, justices of assize send record that on that day, before John Fortescu and Robert Danvers, justices, parties came, some jurors came, others did not. Some of them, namely Richard Carpenter, John Hamme, William Bregges, Stephen Cayte, John Boghton, Richard Godehewe, Stephen Bokkyng and Stephen Baker, were removed from the panel for insufficiency. Plaintiffs appeared on the fourth day, TB did not come, in default, jury in respite to morrow of Martinmas, as they did not come.

Postea text: Plaintiffs came, jury came, said that TB was not in prison at the time of the making of the bond, and made it willingly. Damages assigned at 40s, costs at £5. Order that they recover the debt and damages against TB, as well as a further 60s costs assigned by the justices, damages thus amounting to £10. TB amerced.

Case notes: For identical cases against different defendants see rot 319d and rot 401.

Court of Common Pleas, CP 40/743, rot. 403

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Detention of goods

Pleading: John Sturgeon states that on 17 November 1444 John Barker made bond with him in £22 12s ¾d, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: [continued at Trinity 1449, rot 384] JB, in person, asks that the bond and endorsement be read in court, and this is done. The endorsement states that the condition of the bond is such that if JB deliver to JS or his attorney, etc, at St Mary le Bow in London at Easter 1445 two letters of warranty, sealed with the seals of John Fastolf, William Thomas and Robert Darcy, counsellors of Richard, duke of York, directed to JB as receiver of the duke in Buckinghamshire, ordering him to pay JS the aforesaid £22 12s ¾d from the money received by him at the terms of Easter and Michaelmas 1442 (the letters being dated 14 and 16 February 1442), and also, at Easter 1445, JB were to deliver to JS or his attorney, etc, two acquittances from the duke and himself relating to these sums, then the bonds shall be cancelled. Otherwise they are to remain in force. And JB states that at Easter 1445, he delivered these letters of warranty to JS, and also delivered the acquittances, dated 17 November 1444, according to the form of the endorsement.

Pleading: JS, not acknowledging anything said by JB, states that JB did not deliver these letters and acquittances as claimed. Enquiry by country, jury here at octave of Michaelmas. Pledges named.

Postea text: [Pleading enrolled on CP 40/744 (Hilary 1447), rot 115, with licence to imparl to quindene of Easter.]

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

Case notes: Continued on CP 40/754, rot 384 (Trinity 1449).

Court of Common Pleas, CP 40/743, rot. 405d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Estfeld states that on 10 October 1443 Nicholas Andlaby made bond with him in £17 8s 11d, of which JE shows part in court, but he has not paid, to his damage of 20m. Bond cited [in English].

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

Pleading: [continued at Easter 1447] NA states that this bond was not of his making. Both parties on the country. Sheriff to have jury here at Easter five weeks. Bond to remain in custody of Henry Felongley for safe-keeping.

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

Postea text: [on CP 40/745] Sheriff did not send writ, sicut prius, to octave of Trinity

Case notes: Continued on CP 40/745, rot 314.

Court of Common Pleas, CP 40/743, rot. 405d

Term: Michaelmas 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Taking of goods

Pleading: George Style amerced for many defaults. Thomas Gye and his wife Margaret, executor of John Style junior, state that on 3 August 1444 George Style forcibly took and carried off goods and chattels worth £40 belonging to JS, while he was still alive, namely one hogshead of red wine, one barrel-ferrer of Tyre [wine], one barrel-ferrer of white wine, one barrel-ferrer of bastard [wine], one barrel-ferrer of Malmsey, and 40 empty pipes. This was against the peace, has delayed their executry of his will, and to their damage of 100m.

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

Court of Common Pleas, CP 40/743, rot. 407

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond; Imprisonment

Pleading: Thomas Canynges states that on 10 February 1440 William Thornburgh made two bonds with him, each in £23 18s 11d. Of this total of £46 37s 10d, he acknowledges that he has received £6 37s 10d, but WT has not paid the remaining £40, to his damage of 100m. He shows the bonds in court.

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

Pleading: TC denies this, stating that at the time of the bond WN was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury here at the octave of Hilary from the neighbourhood of Sandwich, as the town is within the Cinque Ports, where the king's writ does not run.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 411

Term: Michaelmas 1446
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Thomas Hexstall, John Moredon and John Weston, executors of the will of Alice Weston, state that on 10 July 1445 Alice Weston delivered to Walter Clerk various goods for safe-keeping, namely one bowl with a silver and gilt cover, four feather beds, 7 cushions, 3 mattresses, 3 standing beds with all the apparatus pertaining to one bed, 3 cloths of 'steyned werke', 4 chests, 3 tables, 2 pairs of tripods called 'trestles', 1 covering ('covutre'), 4 brass ('eneas') dishes, 2 brass ('eneas') jars, 5 latten candlesticks, an iron fire rake, 2 water tankards, two tripods called 'trivets', 3 spits, 2 chairs, 4 footstools, two covers, 2 pairs of sheets, 4 benches ('formulas'), 3 large 'tovys' and 18 pieces of timber. These were to be returned on request, but WC has not returned them to AW or her executors, to their damage of £20. They show in court the testamentary letters of AW by which they have executry and administration.

Pleading: WC states that he does not detain these goods or any part of them from the executors as they claim. Makes his law immediately. Executors amerced for false claim. WC quit.

Court of Common Pleas, CP 40/743, rot. 414

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Benedict de Boromei states that on 15 April 1439 William Norhampton made a bond with him in £14 12s, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: BB denies this, stating that at the time of the bond WN was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury here at the octave of Hilary from the neighbourhood of Sandwich, as the town is within the Cinque Ports, where the king's writ does not run.

Court of Common Pleas, CP 40/743, rot. 414d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Walter Aylethorp states that on 7 October 1445 William Bowyer made bond with him in 62s, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WB granted licence to imparl to quindene of Hilary, with assent of WA. Pledges named.

Pleading: [continued at Easter 1447, rot 119] WB states that this bond was not of his making. Both parties on the country. Sheriff to have jury here at Easter five weeks. Bond to remain in custody of Henry Felongley for safe keeping. Same pledges named.

Postea text: Further licence to imparl, to quindene of Easter 1447.

Postea text: [On CP 40/745, rot 119] Sheriff did not send writ, sicut prius, to quindene of St John the Baptist.

Case notes: Continued on CP 40/745, rot 119.

Court of Common Pleas, CP 40/743, rot. 417d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 20s
Case type: Bond

Pleading: John Sturgeon and Richard Sturgeon state that on 7 July 1444 John Laurence made two bonds with them, each in £15, but has not paid either, to their damage of £40. They show the bonds in court.

Pleading: JL admits the debts, and that he made the bonds. Order that JS and RS recover the debt of £30, and 20s damages. JL amerced.

Court of Common Pleas, CP 40/743, rot. 419d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Damages awarded: 26s 8d
Costs: 40s
Case type: Bond

Pleading: John Godyn states that on 9 December 1440 Richard Caunton made three bonds with him, each in £10, but has not paid any of them, to his damage of 100m. He shows the bonds in court. He shows the bonds in court.

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

Pleading: [continued at Trinity 1447, rot 430] RC states that, regarding the £10 allegedly payable at Michaelmas 1442, JG ought not maintain his action, since on the said 9 December 1440 he also made to JG another bond in a further £10, beyond the said £30, payable at Easter 1442, and that JG and the proctor general, Andrew Holes, canon of St David's and prebendary of Mathry, by an document made a London on 1 September 1442 and sealed by JG, acknowledged that they received from RC and a certain Henry Bagley, by the hands of William Richard and Richard Nicoll, £20 for the farm of that prebend. Regarding the other £20, he states that he has always been prepared to pay this, and offers the payment in court.

Pleading: JG, for his damages for the detention of the £20 and his costs, states that RC had not always been prepared to deliver this £20. Both parties on the country. And regarding this acquittance for this supposed £20, he states that this acquittance was made regarding a certain sum of £10 in a certain bond for £10, payable at Easter 1442, and for £10 of arrears from this farm due at that term, and not for the £10 due at Michaelmas 1442, as RC has claimed.

Pleading: RC states that the acquittance was made for the £10 contained in the bond payable at Michaelmas 1442, as he claimed. Both parties on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: 2 further licences to imparl, to octave of Trinity 1447.

Postea text: [on CP 40/746, rot 430d] Sheriff did not send writ, to morrow of All Souls.

Postea text: Process continued, jury in respite to octave of Hilary 1448, nisi prius they come before Richard Neuton at St Martin le Grand on 28 November 1447. On this day, parties come, RN sends record that on that day, before him and John Danyell, parties came, some of jury came, namely William Smyth, John Routhe, Walter Norwold, William Underhill, William Alard, William Pembrygge, John Uphaveryng, Richard Snowdon, John Langwyth, William Walter and John Shepman. However, the remaining juror, Almaric Mateney, presented letters of the king [recited], dated 25 April 1442, exempting him from serving on assize juries and other offices, and he was withdrawn from the panel. Jury therefore in respite to morrow of the Purification, sheriff to appoint decem tales.

Postea text: Jury in respite to quindene of Easter 1448, nisi prius they appear before RN at St Martin le Grand on 12 February 1448. On this day, parties come, RN sends record that on that day, before RN and JD, parties came, jury came and said that this acquittance was mad concerning a bond of £10 payable at Easter 1442 and for £10 arrears at that date of the farm of this prebend, and not for the £10 due at Michaelmas 1442. They also say that RC was not always prepared to pay the other £20. Damages assigned to JG at 26s 8d, costs at 40s. Having heard and understood this, it appears to the justices here that the plea of RC is not sufficient in law to preclude JG's action. Order that the parties plead again. RC granted licence to imparl. Parties come back, RC does not deny the action. Order that JG recover his debt of £30, and his damages and costs at 5m. RC amerced.

Postea text: JG acknowledged satisfaction of the debt and damages. RC quit, sent without day.

Case notes: continued on CP 40/746, rot 430.

Court of Common Pleas, CP 40/743, rot. 420d

Term: Michaelmas 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Spycer states that on 12 October 1439 William Flexale bought from him two barrels of soap for 70s, payable on request, but has not paid, to his damage of 100s.

Pleading: WF states that he does not owe WS this or any money as claimed. Makes his law immediately. WS amerced for false claim, WF sent without day.

Court of Common Pleas, CP 40/743, rot. 428d

Term: Michaelmas 1446
County: Kent
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Percival Marchexano and Lawrence de Podio, merchants, state that on 14 September 1444 William Perkyns made bond with them in 50m, but has not paid, to their damage of £40. They show the bond in court.

Pleading: WP states that he should not owe this debt as on 10 September 1446, at [omitted] in Wiltshire, by a document which he shows in court, LP released and quitclaimed all actions outstanding between him and WP.

Pleading: Plaintiffs state that action should continue, as LP states that this release was not of his making. PM states that LP did not release WP from these actions as WP claimed. Enquiry on the country. Sheriff of Wiltshire to have jury of [omitted] here at octave of Hilary. Document to remain in the custody of Robert Darcy.

Postea text: Sheriff did not send writ, to quindene of Easter 1447.

Court of Common Pleas, CP 40/743, rot. 440d

Term: Michaelmas 1446
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: John Derby and Geoffrey Feldyng, sheriffs of London and Middlesex, and William Manser, amerced for many defaults. William Bothe, canon of St Paul's, London, states that on 4 April 1446 JD, GF and WM forcibly took and carried off a certain horse worth 100s belonging to WB in Hackney, against the peace and to his damage of £20.

Pleading: Defendants granted licence to imparl to octave of Hilary, with assent of WB. WB appoints John Bedford as his attorney.

Postea text: 3 further licences to imparl, to octave of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 488d

Term: Michaelmas 1446
County: Essex
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Safe keeping

Pleading: John Copmyll states that on 20 January 1446 he delivered to John Forde, by the hand of William Myles, five bales of woad worth £12 for safe-keeping, to be returned on request. However, he has refused to return them, to his damage of £10.

Pleading: JF states that he does not detain these goods or any part of them from JC as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Hilary.

Postea text: Sheriff did not send writ, sicut prius, to quindene of Easter 1447.

Court of Common Pleas, CP 40/743, rot. 501d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Arcall states that on 12 June 1442 John Chardrowe made bond with him in 12m, but has not paid, to his damage of 20m. He shows the bond in court.

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

Case notes: Another case on CP 40/748 rot 133d.

Court of Common Pleas, CP 40/743, rot. 502

Term: Michaelmas 1446
County: London
Writ type: Account
Damages claimed: 20m
Case type: Contract (service/employment); Reckoning of account

Pleading: William Alberton states that Richard Graunte served as his receiver of his money from 1 October 1442 for one year, and during that time, in the parish of St Botolph, Billingsgate ward, he received 10m from the hands of Martin Savull, and 10m from Simon Morys to the trade and profit of WA. He was to make reasonable account to WA for this money, but he has refused to do so, to his damage 20m.

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

Pleading: [continued at Hilary 1447, rot 106] RG states that he was never receiver of money for WA. Both parties on the country. Sheriff to have jury here at quindene of Easter.

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

Case notes: Continued on CP 40/744, rot 106

Court of Common Pleas, CP 40/743, rot. 507

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Cryke states that on 24 October 1446 Richard Gofaire made bond with him in 6m, but has not paid, to his damage of £10. He shows the bond in court.

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

Court of Common Pleas, CP 40/743, rot. 508

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 6s 8d
Case type: Bond

Pleading: John Ingho states that on 3 June 1443 Ralph Swetkok made bond with him in £4, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: RS admits the debt, and that the bond was of his making. JI to recover debt of £4, and damages of 6s 8d. RS amerced.

Court of Common Pleas, CP 40/743, rot. 510

Term: Michaelmas 1446
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping; Sale of goods

Pleading: John Lounde states that on 6 September 1445 he bought from Robert Edmondes goods and chattels worth £13 10s, namely 2 lasts and 5 casks of red herrings. He paid RE for these, and left them in his hands for safe-keeping, to be delivered when required, but he has not delivered them, and refuses, to his damage of £20.

Pleading: RE states that he does not detain these goods or any part of them from JL as claimed. Order that he wager his law at quindene of Hilary; pledges for law named. Attorney to have defendant here.

Postea text: JL came, RE made essoin, to quindene of Easter.

Postea text: JL came, RE came and made his law. JL to take nothing, but amerced for false claim. RE quit and sent without day.

Court of Common Pleas, CP 40/743, rot. 544

Term: Michaelmas 1446
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 20s
Costs: 13s 4d
Case type: Bond

Pleading: Richard Bekys and John Fauconer state that on 22 June 1446 John Grene made two bonds with them, each in 33s 4d, but has not paid either, to their damage of 100s. They show the bonds in court.

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

Pleading: [continued at Hilary 1447, rot 104d] JG states that he ought not owe these debts, as on the making of the bonds there was an agreement between him and the plaintiffs that he would enter the bonds on condition that if RB and JF deliver to JG 12 quarters of malt on the following Tuesday after the bonds were made (28 June 1446), then the bonds would be cancelled; otherwise they would remain in force. He states that he is and was a lay man and illiterate, and that the bonds were read to him in English as containing this condition. As the bonds shown in court do not contain this clause, JG states that these bonds were not of his making. All parties on the country. Sheriff to have jury here at quindene of Easter. Documents to remain in custody of Henry Fylongley for safe-keeping.

Postea text: Process continued, jury in respite to Michaelmas one month 1447. Parties came, jury said that JG made the bonds simply and without conditions, as claimed by the plaintiffs. Damages assigned at 20s, costs at 13s 4d. RB and JF to recover debt of 5m and damages of 33s 4d. JG to be taken.

Case notes: Continued on CP 40/744, rot 104d

Court of Common Pleas, CP 40/743, rot. 544

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 4m
Costs: 6m
Case type: Bond; Imprisonment

Pleading: Thomas Basset states that on 27 April 1445 Geoffrey Denham made bond with him in £23, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: GD states that he should not be bound to this debt, as at this time he was imprisoned by TB and his associates at Little Walsingham in Norfolk, and detained there until he made this bond under duress.

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

Postea text: Process continued, jury in respite to quindene of Trinity 1447, nisi prius they come before William Yelverton at East Rudham on 1 June 1447. On this day TB came, WY sent record that on that day, parties came before him and William Waytes, jury came, said that GD was not imprisoned at the time of the bond, and made it freely and not under duress. Damages assigned to TB at 4m, costs at 6m. TB to recover debt of £23, damages and costs of 10m. GD amerced.

Case notes: Incomplete earlier pleading, containing errors and omissions, on rot 216d.

Court of Common Pleas, CP 40/743, rot. 544d

Term: Michaelmas 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Assault

Pleading: John Grysley states that on 26 July 1446 Geoffrey and Alice Colyer forcibly assaulted him in London, against the peace and to his damage of 100s.

Pleading: GC and AC granted licence to imparl to octave of Hilary.

Postea text: 3 further licences to imparl, to octave of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 544d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 20s
Case type: Bond

Pleading: Henry Caas states that on 1 May 1440 John Lyall made bond with him in £8 13s 4d, payable in two equal parts, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JL granted licence to imparl to octave of the Purification next.

Postea text: Pleading adjourned to quindene of Easter 1447.

Postea text: HC came, JL did not com, in default. Order that HC recover debt of £8 13s 4d, and damages of 20s. JL amerced.

Court of Common Pleas, CP 40/743, rot. 563d

Term: Michaelmas 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Robert Cokesale states that on 8 November 1438 Nicholas Upton bought from him 28 flowers of gold ('flores auri'), and 10oz of broad adorned silk ('late laquei cericei'), two yards of red damask cloth, three albs ('albas') and three shields in silk cloth worked with gold thread ('tria scuta in panno cericeo cum filo aureo operata'), all for £4, but has not paid, to his damage of £10.

Pleading: NU granted licence to imparl to quindene of Hilary, with assent of RC.

Court of Common Pleas, CP 40/743, rot. 563d

Term: Michaelmas 1446
County: London
Writ type: Debt (account)
Damages claimed: 20m
Case type: Reckoning of account

Pleading: John Akyr states that on 18 August 1443 Richard Shete accounted before John Nicoll and James Wolmer, auditors, for sums received by him for JA before that time, and was found to be in arrears by £12. However, he has refused to pay this to JA, to his damage of 20m.

Pleading: RS granted licence to imparl to octave of Hilary, with assent of JA.

Case notes: See also rot 565d for another case involving these parties.

Court of Common Pleas, CP 40/743, rot. 565d

Term: Michaelmas 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40m
Case type: Taking of goods

Pleading: John Akyr states that on 10 December 1442 Richard Shete forcibly took and carried away goods and chattels of his worth 20m, namely 6 jars of soap, 4 dozens ('duodenas') of ginger and 12 dozens of ground pepper, against the peace and to his damage of 40m.

Pleading: RS granted licence to imparl to octave of Hilary, with assent of JA.

Case notes: See also rot 563d for another case involving these parties.

Court of Common Pleas, CP 40/743, rot. 568d

Term: Michaelmas 1446
County: London
Writ type: Debt (other)
Damages claimed: £10
Damages awarded: 20s
Case type: Contract (service/employment); Real action / rents / damage to real estate

Pleading: William Munde was attached to answer Thomas del Rowe, clerk of the Bench, on plea of debt of 10m, which he unjustly detains. TR states that WM was deputy and farmer of John Norys, John Norman, Sampson Vikers, Thomas Aventre and John Baker, packers in the port of London, and receiver of issues and profits from 6 July 1443 for two years. On that day he retained TR to be of the council of the packers and their attorney, for two years, to prosecute an assize of novel disseisin for them and WM against William Cotesbroke, John Kent, John Wolston, Robert Maunsell and John Abbey, regarding a free tenement in London, taking counsel and producing documents as necessary, taking for his labour and that of the attorneys 3s 4d for each term of the assize, and 20d for each document produced. This assize was brought on 12 July 1443, returnable before the justices at Westminster on the Thursday after the octave of Michaelmas, and this was prosecuted, and 32 documents were produced during the assize, for which he is owed 20d per document, amounting to 4m. He also retained Nicholas Asshton, John Prysot and Robert Danby, sergeants at law, to be of the counsel of the packers, according to the agreement, paying them 6s 8d each for 26 occasions, and also 3s 4d for himself for these 26 occasions, amounting to 6m in all [ought to be 6½m]. However WM has not paid, to his damage of £10.

Pleading: WM granted licence to imparl to octave of Hilary, with assent of TR. Pledges named.

Postea text: TR came, WM did not come, in default. TR to recover debt, and damages of 20s. WM amerced.

Case notes: Figures do not add up, and does not appear to be claiming sums owed to sergeants?

Court of Common Pleas, CP 40/743, rot. 578d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Gloucester states that on 23 June 1445 Arnald Massana, merchant of Catalonia, made bond with him in £22, but neither he nor his executor Augustine Salvage, have paid, to his damage of £20. He shows the bond in court.

Pleading: AS states that JG ought not have his action, as on the date of the original writ AM was still alive.

Pleading: JG states that AM died before the date of the original writ, namely on 10 October 1446, at Northleach in Gloucestershire. Enquiry on the country. AS states that he is an alien, and asks that the jury be comprised of natives and aliens, according to the form of the statute. This is granted. Order to the sheriff of Gloucestershire to have jury of Northleach here at quindene of Easter.

Court of Common Pleas, CP 40/743, rot. 579d

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Case type: Bond

Pleading: Richard Reynold states that on 28 November 1438 John Selman made five bonds with him, each in 26s 8d, payable at Michaelmas in each of the next five years. However, he has not paid any of them, to his damage of 10m. He shows the bonds in court.

Pleading: JS admits the action and that he owes the money. Order that RR recover the debt of 10m, and damages of 20s. JS amerced.

Court of Common Pleas, CP 40/743, rot. 620

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: John Sturgeon and Richard Sturgeon state that on 2 June 1441 Henry Sturmer made bond with them in £22 10s, but has not paid, to their damage of 40m. They show the bond in court.

Pleading: HS states that he ought not pay this debt, as the plaintiffs made threats against him in the parish of St Dunstan in the West, and continued to threaten him until he made this bond under duress.

Pleading: JS and RS state that HS made this bond freely and not through fear of threats as he claims. Enquiry on the country. Sheriff to have jury of St Dunstan in the West here at quindene of Hilary. Pledges named.

Court of Common Pleas, CP 40/743, rot. 624

Term: Michaelmas 1446
County: Essex
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 10s
Case type: Bond

Pleading: Geoffrey Wade states that on 23 November 1445 John Marchall made bond with him in £4 9s 3d (place omitted), but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JM granted licence to imparl, to octave of Hilary, with assent of GW.

Postea text: GW came by attorney, JM did not come, in default. Order that GW recover debt, and damages of 10s. JM amerced.

Court of Common Pleas, CP 40/743, rot. 631

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Matthew Feld states that on 5 June 1444, in the parish of St Botolph in London (no ward given), William Maleverer made bond with him in 53s 4d, payable on the vigil of All Saints next, but has not paid, to his damage of 100s. He shows the bond in court.

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

Court of Common Pleas, CP 40/743, rot. 631d

Term: Michaelmas 1446
County: London
Writ type: Detinue
Damages claimed: 40s
Case type: Detention of goods; Safe keeping

Pleading: Thomas Adams states that on 4 April 1446 he delivered to John Drypole for safe-keeping goods worth 40s, namely 22 yards of woollen cloth called 'blanket', to be returned on request. However, JD has refused to return this, to his damage of 40s.

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

Postea text: 3 further licences to imparl, to octave of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 635

Term: Michaelmas 1446
County: Essex
Writ type: Debt (other)
Damages claimed: £20
Damages awarded: 6s 8d
Case type: Real action / rents / damage to real estate

Pleading: John Broddesworth, Reginald Pecok, Bishop of St Asaph, Walter Lyhert, Bishop of Norwich, John Somerseth, John Fray, John Wylton, Roger Birkes, William Wangford, William Selman, Geoffrey Fildyng, Thomas Steell, John Penne and Robert Gayton state that William Abbot of Stratford Langthorne, and the convent of the same, by a document made in their chapter house on 16 January 1446, granted to the plaintiffs an annual rent of 4m, payable to them by the abbot and convent at Michaelmas each year. However, they have not paid the 4m due at Michaelmas before the date of their original writ, made on 8 October 1446, to their damage of £20. They show the document containing the grant in court [recited in full].

Pleading: The abbot states that he cannot deny the action, or that the document was made by him and his house, and that they owe this sum. Order that the plaintiffs recover the debt, and damages of 6s 8d. The abbot is not amerced, as he came on the first day.

Court of Common Pleas, CP 40/743, rot. 639d

Term: Michaelmas 1446
County: Surrey
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: 10m
Case type: Bond; Sale of goods

Pleading: John de Kent states that on 3 July 1445 Thomas, son of Thomas Loveryk made bond with him in 41s, payable at the vigil of All Saints next, and also bought from him one cask ('dolium') of red wine for 52s 4d, payable on request, but has not paid either debt, to his damage of 10m. He shows the bond in court.

Pleading: TL granted licence to imparl to octave of Hilary, with assent of JK. Pledges named.

Court of Common Pleas, CP 40/743, rot. 641

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Double and Thomas Salman state that on 3 June 1437 William Salmon made bond with them in £13 15s, but has not paid, to their damage of 100s. They show the bond in court.

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

Court of Common Pleas, CP 40/743, rot. 641

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Basset states that on 5 September 1443 Edmund, abbot of Westminster and Thomas Freston, monk of that house, made bond with him in £32 3s 4d under the seal of the sacristan of Westminster Abbey, of which £16 was payable at the feast of the Purification next and the remainder at St Peter ad Vincula following. However, they have not paid, to their damage of £10. He shows the bond in court [cited in full].

Pleading: The abbot and Brother Thomas granted licence to imparl to octave of Hilary.

Postea text: Further licence to imparl to quindene of Easter 1447.

Court of Common Pleas, CP 40/743, rot. 641d

Term: Michaelmas 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Assault

Pleading: John Bust states that on 6 September 1446 Henry Wyllesson, his servant Simon, Alexander Ordoy, Thomas Prat and Richard Shepherd forcibly made such threats against his men and servants, John Charlys and Henry Borom, and caused them such injuries and troubles, that they were unable to perform their duties, namely collecting various monies from various people, for a long time, namely for four days, thus depriving JB oft their service for this time. This was against the peace, and to his damage of 10m.

Pleading: The defendants (except Christine) deny the trespass as claimed by JB. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Postea text: 5 posteas, sheriff did not send writ, to quindene of Michaelmas 1447.

Court of Common Pleas, CP 40/743, rot. 642d

Term: Michaelmas 1446
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: Richard Hoo states that on 15 January 1446 Richard Gofeir made bond with him in 40s, but has not paid, to his damage of 40s. He shows the bond in court, saying that it was made at Enfield.

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

Court of Common Pleas, CP 40/743, rot. 643

Term: Michaelmas 1446
County: Essex
Writ type: Trespass (against statute)
Damages claimed: 100m
Case type: Breach of Statute; Maintenance

Pleading: Philip Malpas amerced for many defaults. John Salman, citing the terms of the statute against maintenance, states that on 18 June 1446 PM maintained and sustained the case of William Byllyngton, John Stodey and William Frend in their dispute with JS, pleaded before the king, regarding the production of false deeds and muniments relating to property in Horndon. This was against the terms of the statute, in contempt of the king and to his damage 100m.

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

Postea text: Further licence to imparl to quindene of Easter 1447.

Court of Common Pleas, CP 40/743, rot. 645

Term: Michaelmas 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Ralph Say states that on 20 March 1439 Isabel Snytall made bond with him in £10 14s, but neither she before her death nor her executor, Lawrence Burford, have paid, to his damage of £20.

Pleading: LB granted licence to imparl to octave of Hilary. Pledges named.

Postea text: 5 further licences to imparl, to quindene of Easter 1448.

Case notes: No mention that bond shown in court.

Court of Common Pleas, CP 40/743, rot. 646d

Term: Michaelmas 1446
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Pamplion states that on 27 April 1439 John Broker made bond with him in 40s, but has not paid, to his damage of 100s.

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

Court of Common Pleas, CP 40/743, rot. 647

Term: Michaelmas 1446
County: London
Writ type: Trespass (against statute)
Damages claimed: £200
Case type: Breach of Statute; Maintenance

Pleading: Thomas Kyryell amerced for many defaults. Margery and John Brenchesle, citing the terms of the statute against maintenance, state that on [omitted], in [omitted] parish and ward, London, TK unlawfully maintained and sustained the case of John Hanhame and William Roger, pleaded in the Bench against them regarding 140m which they claim from them as executors of John Brenchesle, the testator. This was in contempt of the king, against the statute and to their damage of £200.

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

Postea text: TK came, MB and JB do not prosecute their writ. They and pledges amerced, TK sent without day. Find the pledges.

Case notes: [For a Kent case regarding an assize of novel disseisin involving these people see CP 40/744, rot 123.]