CP40/574: Trinity term 1404

Court of Common Pleas, CP 40/574, rot. 022

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: Richard R. claims that John T. owes him £40 per a bond. Damages are claimed at £20. Noted that the bond says nothing of where it was made, but RR says it was made at London etc.

Pleading: JT says that the force of the bond ought not hold because at the time of its making he was imprisoned by RR and others of his coven at Kingston Upon Thames, Surrey.

Pleading: RR says that JT was a free man at the time of the making of the bond, and made it of his own free will. RR seeks inquiry upon the country, and JT seeks likewise. Order to the sheriff of surrey etc.

Postea text: 2 posteas - both say that the sheriff of Surrey did not send the writ, forwarding the case as far as the octave of St Martin ( Michaelmas term 1405).

Court of Common Pleas, CP 40/574, rot. 052

Term: Trinity 1404
County: Essex
Writ type: Debt (other)
Damages claimed: £20
Case type: Bond; Real action / rents / damage to real estate

Pleading: Richard C. claims that John B. and Alice B. owe him 8m 6s 8d arrears arising from an agreement per indenture, by which RC demised at farm to JB and AB 1 messuage and 34 acres at Billericay, Essex. These lands were namely comprised of all those lands, tenements, rents and services, with woods, which were lately held by John T. in the vill of Billericay, Essex. JB and AB were to hold these lands for fifteen full years, starting Michaelmas 1395, for an annual rent of 13s 4d payable at Easter and Michaelmas in equal portions. However, at the time of the making of the present writ, JB and AB were 8m 6s 8d in arrears. Damages are claimed at £20. The indenture is shown in the court.

Pleading: JB and AB say that they do not owe RC the said 8m 6s 8d and put themselves upon the country, and RC puts himself likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/574, rot. 055

Term: Trinity 1404
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Housebreaking

Pleading: Richard I. claims that John P. used force and arms to commit housebreaking against him and assault him at his house in Southwark, Surrey. Damages are claimed at £20.

Pleading: JP says that he is innocent and puts himself upon the country, and RI puts himself likewise. Order to the sheriff of Surrey etc.

Court of Common Pleas, CP 40/574, rot. 102

Term: Trinity 1404
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John L. claims that John P. owes him 40s arising from the sale of one bed of red embroidered worsted, which JP bought but did not pay for. Damages are claimed at 100s.

Pleading: JP comes and says that he is not held to JL in the aforesaid 40s nor any other monies.

Postea text: JL says that he cannot deny the he has been satisfied concerning the said debt, and so is in mercy for false claim. JP is without day.

Court of Common Pleas, CP 40/574, rot. 109

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Elizabeth B. claims that William F. owes her £40 on a bond. Damages are claimed at £100. Bond shown in court.

Pleading: WF comes and offers letters patent given on 07/06/1404, stating that for the one year next following, whilst he is in the service of the king's son John, constable of England and keeper of the town of Berwick-upon-Tweed, WF enjoys royal protection for the duration of his service.

Pleading: EB says that that she also has a suit against WF in the London Hustings held [day left blank] of this same year (1404) for which he was brought forth from the king's prison in London, by the sheriff of London, just as this same sheriff has returned him to this court, namely at the octave of Trinity. Thus, EB is not able to understand how WF was given letters patent on 07/06/1404 saying that he is in the company of the constable in Berwick-upon-Tweed and still remains there. EB seeks judgment, and that the letters patent not be allowed. The letters patent are given to the justices to consider, and it is said that WF was in the king's service before he was ever in the king's prison, as a messenger and one of the soldiers of the constable of Berwick-upon-Tweed, and that he had come to London on business of the said borough touching upon the council of the lord King and continuing after the time of that council on business in the service of the king etc. Thus it is the judgement of the justices that WF shall remain without day whilst he is in the king's service, as far as one year from the date of the letters patent ( one year from 07/06/1404).

Court of Common Pleas, CP 40/574, rot. 118

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Roger P. claims that Thomas G. owes him £20 per a bond. Damages are claimed at £20. Bond shown in court.

Pleading: TG comes and asks that the bond and its endorsements be read out. The bond says that if TG should pay RP 100s on Monday in the quardagesima (05/03/1403) and 100s in the annunciation of St Mary (15/08/1403), that the bond should then be null and void. TG says that he aid RP these monies in accordance with the bond at Tewksbury, Gloucestershire, and so the suit against him ought not be maintained.

Pleading: RP says that TG did not make the payment of 05/03/1403 and seeks inquiry upon the country. Order to the sheriff of Gloucestershire. Pledges are named for the defendant.

Court of Common Pleas, CP 40/574, rot. 129d

Term: Trinity 1404
County: London
Writ type: Debt (account)
Damages claimed: 40s
Damages awarded: 20s
Case type: Contract (general); Reckoning of account

Pleading: The abbot of Cirencester is in mercy for many defaults. Prior of Leeds, Thomas S., claims that the abbot of Cirencester owes him 66s 8d as determined by an accounting between the abbot of Cirencester and the former prior of Leeds Aymar O., concerning the time when a certain [blank space], monk of the abbey of Cirencester, was the table companion of former prior AO at the request of the abbot of Cirencester. Damages are claimed at 40s.

Pleading: The abbot of Cirencester says that he is not able to deny the said debt.

Postea text: The decision is that prior TS is to recover the said 66s 8d plus 20s damages. Upon this prior TS relaxed the damages.

Court of Common Pleas, CP 40/574, rot. 222d

Term: Trinity 1404
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Roger M. claims that Stephen H. owes him 40s per a loan. Damages claimed at 40s.

Pleading: SH says that he does not owe RM the said 40s nor any other monies and offers his law. Pledges of law are named.

Court of Common Pleas, CP 40/574, rot. 244

Term: Trinity 1404
County: Wiltshire
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: John C., Nicholas H., and William S. with his wife Emma S., executors of John B., claim that Thomas B. owes them £20 12d arising from the sale of goods which Thomas B. bought from the late JB but did not pay for. The goods in question are namely 8½ striped cloths with a murrey background, and 8 striped cloths with a red background. Damages claimed at £40.

Pleading: TB says that he does not owe the plaintiffs £16 18s 8d of the said £20 12d, and concerning this money offers his law. Pledges of law named. Concerning the remaining 62s 4d of the said £20 12d, he says that he was always prepared to pay this to JB during his lifetime and offers this money to the executors here in this court,

Pleading: The executors say that TB was never willing to pay this money to JB during his lifetime nor to themselves after JB's death and seek inquiry upon the country, and TB seeks likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/574, rot. 244d

Term: Trinity 1404
County: Wiltshire
Writ type: Debt (sale of goods)
Case type: Sale of goods

Pleading: John C., Nicholas H., and William S. with his wife Emma s. are the executors of John B. These executors claim that Walter G. owes them £20 12d arising from the sale of goods which WG bought from the late JB but did not pay for. The goods in question are namely: 8½ murrey striped murrey cloths of champ ( 'strangulati murray chaup' -strangulatum can mean carpet/rug or med. 'striped'; murray prob. means the colour 'murrey'; chaump may mean 'crushed', or 'champ' meaning tapestry material, or may refers to the region of origin); 8 red striped cloths of champ. Damages are claimed at £40.

Pleading: WG says that he does not owe the executors the said £20 12d nor any other monies and offers his law. Pledges of law are named.

Court of Common Pleas, CP 40/574, rot. 246

Term: Trinity 1404
County: London
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Contract (service/employment)

Pleading: John M. claims that he took Thomas P. into his service for seven years, starting Michaelmas 1388, to work as a marbler, but that TP withdrew from his service without good licence at Christmas 1388. Damages are claimed at £40.

Pleading: TP says that he was not retained by JM for the time supposed and puts himself upon the country, and JM puts himself likewise. Order to the sheriff of London etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/574, rot. 246d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Bishop Guy M. of St David's claims that William C. owes him £10 on a bond. Damages are claimed at £40. Bond shown in court.

Pleading: WC says that the bond is not of his making and puts himself upon the country, and bishop GM puts himself likewise. Order to the sheriff etc. The bond is put in the safe keeping of clerk William P. Pledges are named for the defendant.

Postea text: 2 posteas - the sheriff did not send the writ and so the case is forwarded as far as Easter term 1405.

Postea text: postea 3 - WC does not come and so he is in default. However, the jury did not come either, so they are respited as far as the morrow of Ascension, unless the case is heard at the assize of St. Martin le Grand before justice William H. on 27/05/1400.

Postea text: postea 4 - 26/05/1405 the bond is delivered to justice WH for consideration by the jury at assize, and WP is quit of it.

Postea text: postea 5 - 01/06/1405 justice WH returns the bond to clerk WP is quit of it.

Postea text: postea 6 - noted that on 27/05/1405 the case was heard at the assize of St Martin le Grand before justice WH and associate justice John C. The jury comes and says that the bond was in fact made by WC as per bishop GM's claim, and so bishop GM is to recover the said debt plus 40s. Bishop GM seeks that the damages be increased at the discretion of the court. And upon this, the decision is that bishop GM is to recover the said 40s damages, and WC has been seized to him that (capiatur eo quod) he denied that the bond was of his own making.

Court of Common Pleas, CP 40/574, rot. 257

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: John G. claims that Richard W. owes him £20 per a bond. Damages are claimed at [blank space]

Pleading: [No counterplea is entered. Incomplete entry.]

Court of Common Pleas, CP 40/574, rot. 258d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 10m
Case type: Bond

Pleading: John C. is in mercy for many defaults. The warden and college of the king's free chapel within Windsor Castle (St. George's chapel) claim that JC owes them £60 on a bond, payable in Windsor castle. Damages are claimed at £40. Bond shown in court.

Pleading: JC says that the bond is not of his making and puts himself upon the country, and the warden & college put themselves likewise. Order to the sheriff etc. The bond is put into the safe keeping of clerk William P. Pledges are named for the defendant.

Postea text: 3 posteas - all say that the sheriff did not send the writ, forwarding the bond as far as Hilary term 1405.

Postea text: postea 4 - 12/02/1405 the bond is delivered to justice William R. for consideration by a jury at assize and clerk WP is quit of it.

Postea text: postea 5 - 08/05/1405 the bond is returned to clerk WP and justice WR is quit of it.

Postea text: postea 6 - continuance between the parties, jury placed in respite, as far as Easter term in 15 days unless first heard before justice WR at the assize of St Martin le Grand on 16/02/1405.

Postea text: postea 7 - Case heard at the assize of St. Martin le Grand on 16/02/1405 before justice WR and associate justice Thomas S. The jury says on oath that the bond was in fact made by , but the jury do not wish to assess damages (jur' nolverunt assidere dampna.). Therefore the decision is that the warden and college are to recover the said debt plus damages assessed by the justice at 10m and JC has been seized because he denied that the bond was made of him. And this court is satisfied of record (de recordo) that a certain John O. was equally obligated, per the same bond, to the aforesaid warden and college in the same £60 and 10m damages. Therefore, the warden and college are to have execution against JO as well as JC.

Postea text: postea 8 - 26/05/1405 the aforesaid warden and college of the king's free chapel of Windsor come before the court and acknowledge that JC has satisfied them concerning the said debt and damages.

Case notes: related to CP40/574/258d - preceding case

Court of Common Pleas, CP 40/574, rot. 258d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 10m
Case type: Bond

Pleading: John O. is in mercy for many defaults. The warden and college of the king's free chapel within Windsor Castle (St. George's chapel) claim that JO owes them £60 on a bond, payable in Windsor castle. Damages are claimed at £40. Bond shown in court.

Pleading: JO says that the bond is not of his making and puts himself upon the country, and the warden and college put themselves likewise. Order to the sheriff etc. The bond is put into the safe keeping of clerk William P.

Postea text: 3 posteas - all say that the sheriff did not send the writ, forwarding the bond as far as Hilary term 1405.

Postea text: postea 4 - 12/02/1405 the bond is delivered to justice William R. for consideration by a jury at assize and clerk WP is quit of it.

Postea text: postea 5 - 08/05/1405 the bond is returned to clerk WP and justice WR is quit of it.

Postea text: postea 6 - continuance between the parties, jury placed in respite, as far as Easter term in 15 days unless first heard before justice WR at the assize of St Martin le Grand on 16/02/1405.

Postea text: postea 7 - Case heard at the assize of St. Martin le Grand on 16/02/1405 before justice WR and associate justice Thomas S. The jury says on oath that the bond was in fact made by JO, but the jury do not wish to assess damages (jur' nolverunt assidere dampna.). Therefore the decision is that the warden and college are to recover the said debt plus damages assessed by the justice at 10m and JO has been seized because he denied that the bond was made of him. And this court is satisfied of record (de recordo) that a certain John C. was equally obligated, per the same bond, to the aforesaid warden and college in the same £60 and 10m damages. Therefore, the warden and college are to have execution against JC as well as JO.

Postea text: postea 8 - 26/05/1405 the aforesaid warden and college of the king's free chapel of Windsor come before the court and acknowledge that JO has satisfied them concerning the said debt and damages. And upon this JO comes before the court and seeks to make fine to the king, and is admitted (the the king's peace) per 6s 8d. Pledges are named concerning this fine.

Case notes: related to CP40/574/258d - succeeding case

Court of Common Pleas, CP 40/574, rot. 259

Term: Trinity 1404
County: London
Writ type: Other
Case type: Real action / rents / damage to real estate

Pleading: The Mayor of London sent here the record of a pleading before him in the court of Husting as follows. Plea of land held in the Hustings, 12 May 1404. William H. and his wife Margery H. seek from John B. and his wife Agnes B. one messuage and three shops with appurtenances which, along with other properties, were held by a certain William C. in London during the reign of Edward III, at his death, and by his will and probate etc. as enrolled in the Hustings of London on 15 May 1318. These properties then passed to WC's daughters Isabel Combemartyn, Alice Combemartyn, and Joan Combemartyn. These properties were separated, and the messuage and three shops in question were held by daughter Isabel Combemartyn. Afterwards, daughter Alice Combemartyn died and her share of the property passed to her son and heir Walter Chesthunt. When this Walter Chesthunt died his properties passed to his daughter and heir, Alice Chesthunt. Meanwhile, when daughter Joan Combemartyn died her share of the property descended to her son and heir John Casteleyn. Meanwhile, when daughter Isabel Combemartyn died her share of the property passed to a certain Giles, father of the same Margery H., plaintiff in this case. Margery says that she is the daughter and rightful heir of Giles (son of Isabel Combemartyn).

Pleading: It is recorded that John B. with his wife Agnes B. appeared at the same Husting court and sought in response to MH and WH's claims to call to warrant a certain Thomas B., rector of the church of All Hallows the Great of London and Richard R. chaplain, executors of the will of Richard P. However, as the said Thomas B. is from the county of Essex and Richard P. is from the county of Oxfordshire they have sought the help of the court of Common Pleas. Upon this a day was given between the parties (in the court of Common Pleas) on the morrow of St John the Baptist 1404. Hence, in this manner, plaintiffs WH and MH have come (presently) to this court by attorney William C. and seek a writ to the sheriff of Essex concerning rector Thomas B. and a writ to the sheriff of Oxford concerning chaplain Richard R. Similarly the defendants JB and AM appeared by their attorney Thomas P. Day is given between the parties here (in the court of Common Pleas) in the octave of St Martin 1404.

Postea text: postea 1- [here and below drawn from CP 40/577, rot 215d] JB and AB make essoin and so the case if forwarded as far as Easter term 1405.

Postea text: postea 2 - JB and AB do not come, and hence this court is not able to proceed any further and the case is remaindered to the next session of the Hustings of London.

Case notes: Further information drawn from CP 40/577, rot 115d. Also related to CP 40/582, rot 101

Court of Common Pleas, CP 40/574, rot. 299

Term: Trinity 1404
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: John E. claims that Hugh L. and Edward L. used force and arms to break his close and houses at Orpington and St. Mary Cray, Kent, where they killed a horse worth 100s, carried off goods to the value of £10, and assaulted/threatened JE's men and servants so that they did not work JE's lands nor carry out his business from 04/03/1402 to 01/05/1402. The goods taken were namely: timber; linen and woollen cloth; brass/copper jars and plates (eneas); other household utensils; and a certain chest containing charters, writings, muniments, rentals, and other memoranda. The men and servants assaulted were namely John R. and Nicholas L. JE claims damages of £40.

Pleading: HL and EL say concerning the use of force and arms that they are innocent and place themselves upon the country, and JE places himself likewise. Concerning the charge of housebreaking they say that JE ought not continue his action against them. They say that a certain John P. Jr., son of John P. Sen., was seised of one messuage, 80 acres of land, one acre of meadow, 42 acres of pasture, 2 acres of wood, and 17s 16d rents with appurtenances in Orpington and St Mary Cray held in fee etc. HL and EL say that on 27/06/1399, before late mayor of Oxford Walter B. and the them deputy clerk for the recording of debts at Oxford John B. ( 'clerico as recogn' dbitorum apud Oxon' accipiend' deputat' ), JP (Jr.) recognized a debt of £40 owed to the defendant HL and payable to HL in Michaelmas 1399. JP (Jr.) did not, however, pay this debt. Hence, HL was subsequently allowed by way of the said recognizance to seize JP (Jr.) to have him before the late mayor of Oxford, but JP (Jr.) was not to be found. Because of this, HL had the 'certification' of the late mayor of Oxford, and that 'certification' brought forward (protulit) in the Chancery of the lord king by way of a writ from Chancery to the sheriff of Kent, to have JP (Jr.) arrested, to pay the said debt etc. This writ of Chancery was returnable on the morrow of the Purification of St. Mary 1402 (02/02/1402), at which time the sheriff of Kent returned that JP (Jr.) was not to be found. A writ was then made to the sheriff of Kent that JP (Jr.) ought make satisfaction or have all his goods and chattels forfeit etc. unless JP (Jr.) should firs make reasonable satisfaction of his debt to HL etc. This writ was returnable in Easter term 1402, at which time the sheriff returned that JP (Jr.) was not to be found and hence all the goods, chattels, lands, and tenements of JP (Jr.) had been delivered to HL by the sheriff of Kent in compensation for the said debt. HL says that he took delivery of these goods and lands, to be held thereafter by his heirs and assigns, on 17/02/1402. Hence HL claims that at the time of the supposed trespass he was only entering his own property and taking his own goods. Further, EL says that he only entered into the said property in HL's service.

Pleading: JE says that his action ought to continue because HL had livery of the aforesaid tenement with appurtenances only after Easter 1402 (26/03/1402), and not on 17/02/1402 as HL claims. Further, because HL and EL admit to the aforesaid close and house breaking prior to Easter 1402, JE seeks judgement and damages.

Pleading: HL and EL say that HL did have livery of the said property on 17/02/1402 (prior to Easter 1402) as HL has claimed and put themselves upon the country, and JE puts himself likewise.

Postea text: And upon this JE doesn't come, and he was plaintiff, thus he and his pledges of the prosecution are in mercy. HL and EL are without day.

Court of Common Pleas, CP 40/574, rot. 370

Term: Trinity 1404
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Arbitration

Pleading: Walter F. claims that Thomas W. owes him 10m as determined by arbitration before arbitrators Robert F. and John R. concerning all quarrels and debts between them prior to the date of the said arbitration. Damages are claimed at 100s.

Pleading: TW comes and says that he does not owe WF 10m nor any other money and offers his law.

Postea text: In this same court TW makes his law, and so he is without day and WF is to have nothing.

Court of Common Pleas, CP 40/574, rot. 370

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard W., son and executor of John W., claims that William P. owes him £40 on a bond made between WP and JW during his lifetime. Damages are claimed at £20. Noted that the bond says nothing of where it was made, but RW says it was made at Uxbridge, Middlesex.

Pleading: WP comes and asks that the bond and its endorsements be read in court. It says that if WP should pay to JW 100s at the feast of St Peter ad Vincula 1389, 100s at Martinmas 1389, 100s at Easter 1390, and 100s at St Peter ad Vincula 1390, then the bond would then be null and void. WP says that he made all these payments to JW according to the bond at London, in the parish of St John the Evangelist, Bread Street ward, and so the case against him ought not continue.

Pleading: RW says that WP failed to make the payment at the octave of Martinmas 1389 and seeks inquiry upon the country, and WP seeks likewise. Order to the sheriff etc. Noted that WP puts in his place versus RW, concerning this case, a certain Robert F.

Court of Common Pleas, CP 40/574, rot. 370d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John G. claims that Edmund K. owes him 10m on a bond. Damages claimed at 100s. Bond shown in court. Noted that the bond says nothing of where it was made, but JG says it was made at London [parish and ward left blank].

Pleading: EK says that the action against him ought not continue because after the making of the said bond, namely on 08/08/1401, JG gave him a release at Oxford, Oxon.

Pleading: JG says that the release is not of his making and seeks inquiry upon the country. Order to the sheriff of Oxford etc. The bond is placed into the safe keeping of clerk William P.

Court of Common Pleas, CP 40/574, rot. 375

Term: Trinity 1404
County: Kent
Writ type: Disseisin
Damages claimed: -
Case type: Dower; Real action / rents / damage to real estate

Pleading: John Kirkeby and his wife Joan seek from William, abbot of St Mary Graces in London, a third part of the manor of Milton by Gravesend, 140 acres of land, £4 rents, and rents of 14 hens and 200 eggs, with appurtenances in Milton, as dower of Joan's former husband John Mokkyng.

Pleading: Abbot William, in person, states that Richard II granted letters patent dated 3 July 1398, reciting earlier letters of Edward III, on 5 October 1376, which granted to the king's uncle, John, duke of Lancaster, then king of Castile and Leon, and to Simon, then archbishop of Canterbury, John, bishop of Lincoln, Henry, bishop of Worcester, William, Lord Latimer, John Knyvet, then Chancellor, Robert de Assheton, then Treasurer, Roger de Beauchamp, then Chamberlain, John Ipres, then Steward of the Household, and Nicholas Carreu senior, then keeper of the Privy Seal of Edward III, certain manors, lands, tenements, rents and reversions which Edward III had acquired from various people, both in demesne and in reversion, in Kent and elsewhere in England, to hold to them and their heirs in perpetuity, to be granted and enfeoffed to the said abbot and the monks of his house, and to other certain persons and houses founded by Edward III. After the death of Edward III, duke John, the bishops of Lincoln and Worcester, Robert de Assheton, John de Ipres and Nicholas Carreu, implementing the last will of Edward III, by their indenture granted, demised and confirmed to the said abbot and monks the manors of Gravesend, Lenches, Leybourne, Wateringbury and Gore with appurtenances and the advowsons of Gravesend and Leybourne, all in Kent, which they had by the enfeoffment of Edward III, along with the reversion of the manor of Gomshall with appurtenances in Surrey after the death of Thomas de Stanes, all of which to hold from Easter 1382 for 40 years, with the intention that the abbot and monks of St Mary Graces should be granted the property in mortmain in perpetuity within that term, as appears in the document of the feoffees, enrolled in the chancery of Richard II. By virtue of this the abbot and monks were seised of these manors in Kent, and in this possession demised them at farm to a certain Simon de Burley, now deceased, for a term of years not completed, at an annual rent specified in a certain document drawn up between them. On SB's death, all these manors, together with the manors of Parrock and Bicknor in Kent, with appurtenances and the advowson of Bicknor, which the feoffess also had of the gift of Edward III, were seised into the hands of Richard II until, on 3 August 1388, Richard II, at the request of the abbot and by the advice of his council, granted letters patent to the abbot and monks granting them all the issues, rents and profits of these manors until these or other lands should be restored to the abbot and monks, together with all the houses and buildings, etc. On 2 October 1388, this grant was affirmed by Richard II with the advice of his council in the parliament held at Cambridge, and, for the better protection of the abbey, custody of the premises was granted to Walter de Sondeye and Thomas Sakevyle for 30 years, at a rose rent [CPR 1385-9, p.539]. Also, knowing the special love of Edward II towards St Mary Graces, Richard II granted them the manors of Leybourne, Gravesend, Lenches, Wateringbury, Gore, Parrock and Bicknor, with the said advowsons, and the reversion of Gomshall, to hold in free, pure and perpetual alms, celebrating divine service every day for his health and soul and the souls of his ancestors and all the faithful departed, according to the will of his grandfather. He also granted that the surviving feoffees may release this property to them, not withstanding the statute of mortmain or any other statute, and that no person should be troubled for performing this transaction. The present king, by his letters patent which the abbot shows in court, dated at Westminster on 4 November 1399, confirmed this grant. The abbot states that the manor of Milton by Gravesend is a parcel of the manor of Parrock, and the 140 acres of land, £4 rents and rents of 14 hens and 200 eggs are parcel of the manor of Gravesend. He therefore states that he holds this parcel of the manor, and the tenement and appurtenances, of the grant of Richard II, confirmed by Henry IV [CPR 1399-1401, p.326-7], and thus seeks the aid of the king in this matter. Day is given to the parties at the octave of Michaelmas, and John and Joan Kirkeby are told that they should sue against the king.

Court of Common Pleas, CP 40/574, rot. 380

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Real action / rents / damage to real estate

Pleading: Thomas C. claims that Thomas F. owes him 40m by an indenture made in the hospital of St Mary without Bishopsgate, London. TC claims that he demised to TF at farm the manors of Wath and Rathmell, Yorkshire, with all appurtenances for sixty years next following, under the condition that TF render to TC and his heirs an annuity of 80m payable yearly at the hospital of St Mary without Bishopsgate, London, due at the terms of Martinmas and Pentecost in equal portions. Also, should this annuity fall into arrears then TC retains good licence to make distraint in the same manors concerning arrears and costs. Also, should TC die during the same 60 years, either himself or his heirs and assigns having been well paid the said annuity at the said terms or one month after them, then TF and his heirs would be quit of TC and his heirs in perpetuity. Also, should the said annuity not be paid at the aforesaid terms or during the one month following them, then TC and his heirs and assigns should have good licence to make entry into those same manors to hold them in fee etc. TC says that TF has fell 40m in arrears, namely from Martinmas 1403, and seeks damages of £100. Indenture shown in court.

Pleading: TF says that the action against him ought not continue because at the time when TC claims to have demised to him the said manors they were actually in the seisin of a certain William C. whom TC had unjustly disseised of the said manors before then demising them to TF at farm. TF says that this same TC made entry into the aforesaid manors prior to the TF's missed payment of Martinmas 1403 and ejected TF. Upon this TF seeks judgment.

Pleading: TC, not acknowledging TF's claims, says that prior to the time when he demised the said property to TF, the same TF had previously been seised of the same property in his demesne as of fee etc. by the name of TF, 'knight of Lancaster', by way of a certain charter which TC offers in this court. This charter, dated at Wath-upon-Dearne on 2 March 1400, granted to TC and a certain John Tylney the manor of Wath-upon-Dearne with all lands, appurtenances and the advowson of the church, warranting it to them. TC and JT were placed in peaceful possession of this property by Richard C, attorney of TF by letters of attorney which TC offers in this court, dated at Wath-upon-Deare on 4 March 1404. TC and JT were seised by virtue of this gift, and TF also, by his charter which TC shows, dated at Rathmell on 25 June 1401, granted to TC the manor of Rathmell ('Rathmell in Craven') with all appurtenances, warranting it to them. TC was placed in possession by John de Clyfton, attorney of TF by virtue of further letters of attorney which TC shows in court, dated at Wath on 26 June 1401, and was seised in his demesne as of fee. Afterwards, by a document which TC shows in court, dated at Wath on 5 August 1401, TF released to TC, as rector of Wath, and JT all his rights in the manor of Wath with its advowson. Also, by another document which TC shows in court, dated in London on 10 August 1401, JT released to TC all his rights in Wath and its advowson. Thus TC was seised in his demesne as of fee and retained possession until TC demised the manor and appurtenances to TF for a term of 60 years, at an annual rent of 80m payable to him and his heirs at the said hospital at Martinmas and Pentecost annually as stated. By virtue of this TF had possession until after the said Martinmas 1400 [sic, recte 1403], as claimed. He therefore seeks his debt and damages.

Pleading: TF, not acknowledging anything claimed by TC, states that WC was seised until TC unjustly disseised him, and WC re-entered before the said Martinmas 1403.

Pleading: TC states that TF was in possession of the said manors by virtue of the said demises until after the said Martinmas 1403, as claimed. Enquiry by country, jury of Wath and Rathmell to be here at quindene of Michaelmas.

Court of Common Pleas, CP 40/574, rot. 393d

Term: Trinity 1404
County: Surrey
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Real action / rents / damage to real estate

Pleading: John Stoute and his wife Alice S., lately wife of John B., claim that William H. owes then £10 according to an indenture made between WH and AS when she was a single woman. AS says that, by this indenture, she demised at farm to WH one tenement called 'The Swan on the Hope' in Southwark, Surrey, with shops and all other appurtenances exactly as AS herself held of grant of the prior and convent of Leeds. WH was to hold this tenement at farm from Christmas 1401 for the two years following, reserving to AS a respectable head room in the same house against the street, one attic with lock and key above, a little room by the garden to place hay within (fenu') towards the arrival of the said Prior and his servants, and with free access to come and go. For this period WH was to pay to AS 9m in equal portions at the feasts of Easter, the Nativity of St John the Baptist, Michaelmas, and Christmas. Further, Alice was to have for her head room, each week, one good gallon of beer worth 2d and two other gallons of beer worth 2d. AS says that through not holding to this agreement WH accrued a debt to her of £10. Damages are claimed at £20.

Pleading: WH comes and says that the prior of Leeds was seised of the said tenement for a long time before the time when AS claims to have demised the said tenement to WH at farm. WH says that on 31 May 1400 the prior of Leeds demised the said tenement to AS for 24 years at a rent of 100s annually, payable at the feasts of Easter, the Nativity of St John the Baptist, Michaelmas, and Christmas in equal portions. Also, AS was to maintain the said tenement and keep it in good repair. However, a certain John Surrynden, canon of Leeds, came to the said tenement and found it to be in disrepair, with a ruined roof. And because AS was not able to maintain the said property she and WH, with WH's assent, surrendered the tenement to canon John Surrynden in the name of the bishop, whence the canon made entry into the property on 14 March 1402 and subsequently demised it to WH on that same day. WH says until such time as the property was demised to himself he had held faithfully to his aforesaid indenture with AS. This WH is prepared to verify.

Pleading: AS says that she did not make livery of the said property to the aforesaid canon in the name of the prior of Leeds, as is alleged.

Pleading: WH says that AS did surrender the said tenement to canon John Surrynden in the name of the prior of Leeds and puts himself upon the country, and AS puts herself likewise. Pledges are named for the defendant.

Court of Common Pleas, CP 40/574, rot. 415

Term: Trinity 1404
County: London
Writ type: Debt (loan)
Damages claimed: £40
Case type: Debt

Pleading: David H. claims that Robert O. owes him £60 per a loan. Damages are claimed at £40.

Pleading: RO says that he does not owe RO this nor any other monies and offers his law. Pledges of law are named.

Postea text: postea 1 - RO does not come, but a certain Richard G. offers to the court letter patent of the king offering RO protection, and so is to remain without day, because he is in the service of the king at Berwick-Upon-Tweed from 09/10/1404 for one full year.

Court of Common Pleas, CP 40/574, rot. 415d

Term: Trinity 1404
County: Surrey
Writ type: Fraud
Damages claimed: £10
Case type: Sale of goods

Pleading: William S. claims that he struck a bargain with William G. to buy from WG two pipes of good red wine for 4m each, but, though WG warranted these two pipes as good, WG was aware that one was putrid. WS seeks damages of £10.

Pleading: WG comes and defends and day is given between the parties in Michaelmas term.

Court of Common Pleas, CP 40/574, rot. 420d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 100s
Case type: Bond

Pleading: Ralph R. claims that Andrew G. owes him £20 as the unpaid residue of a £31 bond that was payable in RR's house in London. Damages claimed at £20. Bond shown in court. Noted that the bond does not say where it was made, but RR says it was made at London etc.

Pleading: AG says that the bond is not of his making puts himself upon the country, and RR puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant. The bond is put into the safe keeping of William P.

Postea text: postea 1 - continuance between the parties and the jury is placed in respite as far as Michaelmas 1404.

Postea text: postea 2 - AG does not come and so is in default, but the jury has not come either and so the case is forwarded as far as octave of Martinmas 1404 unless first heard before justice John M. at the assize of St Martin le Grand on 05/11/1404.

Postea text: postea 3 - 04/11/1404 clerk WP delivers the bond to justice JM for consideration be a jury etc.

Postea text: postea 4 - 22/11/1404 justice JM returns the bond to clerk WP.

Postea text: postea 5 - case heard at the assize of St Martin le Grand on 05/11/1404 before justice JM and associate justice Peter C. The jury says on oath that the bond was indeed of AG's making, and so RR is to recover the said £20 debt plus 26s 8d in damages for the distraint plus another 26s 8d in costs. RR asks the justice to increase these damages and costs and so the justice sets the total amount of costs and damages to be recovered at 100s.

Court of Common Pleas, CP 40/574, rot. 420d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Bartholomew N. claims that William M. owes him 11m arising from a 6m bond and a 5m bond. Damages are claimed at £10. Bonds shown in court. Noted that the bonds do not say where they were made but BN says they were made in London.

Pleading: WM says that the suit against him ought not continue because since the making of the said bonds BN issued him a release….[here ends the entry]

Case notes: Obviously the same debt as sought in CP 40/574 rot 437d, but pleaded differently (437d - through executors and asking for more money. This latter pleading is also continued on CP 40/574 rot. 477).

Court of Common Pleas, CP 40/574, rot. 429

Term: Trinity 1404
County: Suffolk
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: John K. claims that John S. owes him £15 arising from the sale of 15 quarters of wood (ms. 'wode' possible alternative meaning - woad) which JS bought but did not pay for. Damages claimed at £10.

Pleading: JS claims that he does not owe JS the said £15 nor any other monies and puts himself upon the country, and JS puts himself likewise. Order to the sheriff of Suffolk etc.

Court of Common Pleas, CP 40/574, rot. 434d

Term: Trinity 1404
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 10m
Case type: Loan; Sale of goods

Pleading: William B. claims that John G. owes him 20m arising both from the sale of linen cloth, buckram, ginger, wax ('ceram'), pepper, cloves (clowe) and almonds, with other divers merchandise to JG for £4 17s 8d, and a loan of 12m 9s given to JG at the same time and in the place. Damages are claimed at 10m.

Pleading: JG says that he does not owe WB the said 20m nor any other monies and offers his law. Pledges of law are named. Noted that the court instructs JG's attorney to have his master (JG) here to make his law.

Postea text: postea 1 - JG make essoin and so the case is forwarded as far as the octave of Martinmas 1404.

Postea text: postea 2 - WB does not come to prosecute his suit and so he and his pledges of the prosecution are in mercy.

Court of Common Pleas, CP 40/574, rot. 437

Term: Trinity 1404
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Arbitration; Taking of goods

Pleading: Thomas W. claims that John H. used force and arms to carry off 40s worth of his goods and chattels at Westminster, Middlesex. The goods taken were namely 8 'cecures' (perhaps axes or saws?), 44 irons called forms ('fourmzes' - unclear) and round irons, 6 rulers, 4 moulds and other things necessary for the work and use of a stonemason. Damages are claimed at 100s.

Pleading: JH says that concerning the use of force and arms his is innocent and puts himself upon the country, and JH puts himself likewise. Concerning the taking of goods and chattels, JH says that before the supposed day of the supposed trespass, namely on Monday 23/07/1403 at London (St Lawrence Jewry, Cheap Ward), he and TW underwent arbitration through arbitrators Thomas K. and Walter W. on the part of TW, and arbitrators William W. and Robert C. on the part of JH. This arbitration found that TW should pay to JH 8s and one draught of wine, and that JH ought to give to TW one draught of wine, to settle all disputes between them. This JH says this was paid the same Monday, 23/07/1403 (St Vedast, Farringdon Within), and this (arbitration and payment) was carried out since the (actual) time of the said trespass with which the present writ is concerned.

Pleading: TW says that the trespass recounted, per his writ, did take place after the said Monday (of the aforesaid arbitration) and seeks inquiry upon the country, and JH seeks likewise. Order to the sheriff of Middlesex etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/574, rot. 437d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John W., Elias B., Simon I., and Emma the widow of Bartholomew N. - co-executors of the will of B.N., claim that William M. owes them £10 per a bond of 6m, a bond of 5m, and a loan of 4m. Damages are claimed at £10

Pleading: WM says that the action against him ought not continue because after the making of the said bonds and loan the late BN issued him a release at Dartford, Kent.

Pleading: The executors say that the release is not of the making of the late BN and seek inquiry upon the country, and WM seeks likewise. Order to the sheriff of Kent. The release is put into the safe keeping of clerk William P.

Postea text: 1 postea - the sheriff of Kent did not send the writ and so the case is forwarded as far as Hilary term 1405.

Case notes: Obviously the same debt as sought in CP 40/574 rot. 420d, but pleaded differently (420d is pleaded directly on behalf of the late BN and asking for less money). Also continued on CP 40/574 rot. 477.

Court of Common Pleas, CP 40/574, rot. 468d

Term: Trinity 1404
County: Middlesex
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Contract (service/employment); Loan

Pleading: Robert K. claims that John S. owes him 40s arising from a loan of 20s, and debt of 20s for RK's 'labour' in being JS's council concerning the making of a final concord between JS and a certain Robert C. (this 20s payable within one month of the making of the said concord). Damages are claimed at 40s.

Pleading: JS says that he does not owe RK the said 40s nor any other monies and offers his law. Pledges of law [names left blank].

Court of Common Pleas, CP 40/574, rot. 471d

Term: Trinity 1404
County: London
Writ type: Debt (other)
Damages claimed: 100m
Case type: Arbitration

Pleading: Thomas P. claims that Stephen L. owes him £20 as determined by arbitration. TP says that on 28/03/1402, at the request of bishop Edmund S. of Exeter, he and SL placed themselves in arbitration at London, before arbitrators bishop Henry B. of Bath and Wells, earl Henry P. of Northumberland, and the late earl Thomas P. of Worcester, 'or two of them', concerning all quarrels and debts between them prior to that time. And on 01/04/1402, earl HP of Northumberland and bishop TP of Worcester ordained that SL should pay £20 to TP. Damages are claimed at 100m.

Pleading: SL says that he never submitted to any such arbitration. Further, he says that prior to the supposed arbitration, namely on 23/04/1400, TP gave him a release concerning all debts and quarrels between them. SL offers this release to the court. [The following ** is drawn from CP40/579 rot.524d] *And in the same writing (i.e. on the same release) TP also acknowledged the making of this same release to SL and his son Henry L. before the mayor and aldermen of the city of London on 23/06/1401, which writing SL similarly offers the court under the seal of the mayor and aldermen of London.*

Pleading: TP does not acknowledging that the said release was of his making as SL supposes. TP repeats that SL placed himself in arbitration after the making of the release, and seeks inquiry upon the country, and SL seeks likewise. Order to the sheriff to bring a jury in Michaelmas term (1404?)

Postea text: [Drawn from CP40/579 rot.524d] Order to the sheriff, venire facias, in Hilary term 1406.

Case notes: Further information drawn from CP 40/579, rot 525d.

Court of Common Pleas, CP 40/574, rot. 477

Term: Trinity 1404
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 40s
Case type: Loan; Sale of goods

Pleading: William J. claims that Hugh M. owes him 40s arising from a loan of 26s 10d and the sale of one bed canopy with three curtains and one pound of cord for curtains for 13s 2d. WJ claims damages of 40s.

Pleading: HM says that he does not owe WJ the said 40s nor any other monies and offers his law. Pledges of law are named, and HM's attorney, Thomas L., to have his master here at that term.

Court of Common Pleas, CP 40/574, rot. 477d

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 10s
Case type: Bond

Pleading: William R. claims that John G. owes him 6m 10s per a bond. Damages are claimed at 100s. Noted that the bond says nothing of where it was made, but WR says it was made at London in the parish of St Nicholas Cole Abbey ward [left blank].

Pleading: JG is not able to deny the bond is of his making and the he owed WR 6m 5s [notably, this amount differs from above]. The decision is that WR is to recover the said debt from JG ad damages of 10s, as assessed by the justice. JG is in mercy and committed to the Fleet prison.

Court of Common Pleas, CP 40/574, rot. 477d

Term: Trinity 1404
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Nicholas H. claims that William FitzGeffrey owes him 40s. Arising from the sale of diverse 'furs of lambs' which WF bought but did not pay for. Damages claimed at 40s.

Pleading: WF says that he cannot deny that he owes NH 40d of the said 40s sough. WF says that he was always prepared to pay this 40d and offers it here in court. However, WF says the he does not owe NH the remaining 37s 8d which NH seeks, and offers his law. Pledges of law are named. Law to be made in Michaelmas term 1404.

Pleading: NH says that he often requested the said 40d from WF, and WF was not willing to pay it and seeks inquiry upon the country, and WF seeks likewise. Order to the sheriff of London etc. Pledges of future appearance are named for the defendant.

Court of Common Pleas, CP 40/574, rot. 484

Term: Trinity 1404
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Housebreaking; Real action / rents / damage to real estate

Pleading: John S. and his wife Alice S. claim that William H. used force and arms to break the close and house of JS and AS in Southwark, Surrey, and to assault AS. Damages are claimed at £20.

Pleading: Concerning the use of force and arms WH says that he is innocent and puts himself upon the country, and John Stoute with AS put themselves likewise. Concerning the charges of housebreaking and assault WH says that the prior of Leeds, long before the supposed trespass, was seised of the aforesaid tenement with appurtenances. WH says that on 31/05/1400 the prior of Leeds demised to AS, then a single woman, the said tenement for a term of 24 years at the rent of 100s annually payable in the feasts of Easter, Nativity of St John the Baptist, and Christmas in equal portions. Further, AS was to maintain and sustain the property etc. WH claims that AS then let the same property to himself at farm for a period of two years, starting Christmas, reserving to herself one head room 'capitali camera') in the said guest-house against the street, and one attic with lock and key above the small room next to the garden in the said guest-house. Further, AS was to have each week one good gallon of ale worth 2d, two other gallons of ale worth 2d. Afterwards John Surrynden, one of the canons of the prior of Leeds, came to the said tenement on the orders of the prior and found that AS had not adequately maintained and sustained the said tenement, and that the roof was ruined. And, AS, until then (adtunc), was not able to repair and maintain the said tenement. Thus AS and WH, per the assent of WH, on 14/03/1402 surrendered the said tenement to the prior of Leeds, and his canon John Surrynden made entry into the said tenement. Hence at this time the prior of Leeds was seised of the tenement, and thereafter demised it to WH with appurtenance. WH then made entry and occupied the said tenement as he had good licence to do, and did not intend AS any other harm.

Pleading: John Stoute and AS say that AS did not deliver (reddidit) the said tenement with appurtenances to the aforesaid canon, in the name of the prior, as WH claims, and is prepared to verify this.

Pleading: WH says that AS did deliver the said tenement to canon John Surrynden, in the name of the prior of Leeds and puts himself upon the country, and John Stout with AS put themselves likewise. Order to the sheriff of Surrey etc.

Case notes: Related to CP 40/574, rot 393d.

Court of Common Pleas, CP 40/574, rot. 489

Term: Trinity 1404
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Arbitration; Bond

Pleading: Drew Barentyn states that on 7 June 1402, in London, Nicholas Badby made a bond with him in £40, payable at Michaelmas then next, but has not paid, to his damage of £100 [£40 on rot 259d]. He shows the bond in court.

Pleading: NB states that DB ought not maintain his action, as after the making of this bond, namely the following day, at Fawsley, by an indenture which he shows in court, it was recited that whereas NB and a certain Adam E., William C., John Hirne, Thomas A., and John A. were bound to DB in £40 sterling, payable as stated in the document, DB granted that if those men should stand in the arbitration of William Vaus, John Stotusbury and Nicholas Horncastell or others of the same status chosen by them, and John Broughton, Henry Barton and John Selman or others on the part of DB, before the quindene of the Nativity of St John the Baptist 1402, concerning all rents and services demanded of them by DB relating to their tenements in Fawsley; or if the arbiters cannot reach judgment then they shall stand in the arbitration of William Thirnyng and William Gascoigne, or either of them, chosen on behalf of all of them, in London by the quindene of Michaelmas then next; and if they have their arbiters or others in London before the said quindene of St John the Baptist prepared to discuss these issues without fraud or delay, then their bond with DB shall have no effect and will be returned to them; otherwise it shall remain in force. NB says that the aforesaid arbitrators were at London, in St Paul's Cathedral, before the quindene of the Nativity of St John the Baptist 1402, as required, and the arbitrators were not able to reach an agreement. The issue was therefore to go before Thirnyng and Gascoigne, but both refused to act, and thus he is not responsible for any breach of the agreement.

Pleading: DB states that arbiters Broughton and Selman, together with one John Barton in place of Henry Barton, were chosen on his part, and Stotusbury, Horncastell and one William Ludyngton in place of Vaus on the part of the NB etc, came to the parish of St Faith in London on 26 June 1402, and conducted their arbitration in the presence of DB and NB concerning all the rents and services claimed by DB in Fawsley, and DB offered a certain custumal formerly of John de Falwesley, formerly lord of Fawsley, and now in his possession, and DB stated that NB held one messuage and two virgates of his manor in Fawsley, by the service of 16s 8d annually at Easter and Michaelas in equal portions, and other services [specified, but damaged], one toft and a virgate of land of DB in Fawsley for 8s 4d yearly and services [specified], another messuage and virgate of land in Fawsley for 7s 6d and various services [specified], and another virgate in Fawsley for another 7s 6d yearly and services together with Thomas Barker and Alan Briwode [specified]. The arbiters ordained that NB should perform the services as detailed in the custumal, along with all arrears, which amounted to £10, but NB has refused on all but one virgate of land.

Pleading: NB, not acknowledging anything alleged by DB, states that the arbiters did not make any such arbitration as claimed. Parties on country, sheriff to have jury of St Faith's here at octave of Michaelmas.

Case notes: Partially enrolled on rot 259d, then in full on rot 489.