CP40/638: Trinity term 1420

Court of Common Pleas, CP 40/638, rot. 052

Term: Trinity 1420
County: Surrey
Writ type: Debt (loan)
Damages claimed: £10
Damages awarded: 13s 4d
Case type: Loan

Pleading: Thomas K. claims that William H. owes him £4 per a loan. Damages are claimed at £10.

Pleading: WH says that he does not owe TK the aforesaid £4 nor any other monies and puts himself upon the country, and TK puts himself likewise. Order to the sheriff of Surrey to make a jury come later in Trinity term 1420. Pledges are named for the defendant.

Postea text: postea 1 - continuance between the parties as far as Michaelmas term 1420.

Postea text: postea 2 - WH does not come and so a jury is to be taken against him per default. Upon this a jury comes and says on oath that TK is to recover the aforesaid debt plus 13s 4d damages. WH is in mercy.

Court of Common Pleas, CP 40/638, rot. 106d

Term: Trinity 1420
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: John M. claims that Thomas W. and Thomas H. owe him 20m. And upon day comes plaintiff JM, per his attorney Richard B. as much as defendants TW and TH in there own persons, whence letters close are recorded. Addressed from the Lord king to Richard N. and his fellow justices these letters say that the aforesaid case touches upon the dignity of the king and should not be heard elsewhere than before the barons of the exchequer. They say that Thomas W. and Thomas H. are servants of William K., deputy to the treasurer Henry F.

Court of Common Pleas, CP 40/638, rot. 114d

Term: Trinity 1420
County: Essex
Writ type: Disseisin
Case type: Dower

Pleading: Katherine B., widow of John B., seeks from Richard O. a third part of one messuage, three virgates and 20 acres of land, and 16 acres of meadow in Stratford Langthorne, Essex, as dower by way of her late husband JB.

Pleading: RO says that he holds the aforesaid property jointly and in perpetuity with Nicholas K, who is still alive, through the gift and enfeoffment of the late JB. RO says that he held the aforesaid property in this manner on the day of the original writ, and NK is not named in KB's writ.

Pleading: KB says that on the day of the making of the original writ, namely 6 January 1420 RO was holding the aforesaid property alone, and as his free tenement. KB seeks inquiry upon the country, and RO seeks likewise. Order to the sheriff of Essex to make a jury come in Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 115

Term: Trinity 1420
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Richard B. claims that John S. owes him £6 arising from the sale of 6 jars ('cados') of red herrings, 4 barrels of white herrings, 2 lings, 2 'sutos' of fish, 3 salmon, and 2 'viridos' fish. Damages are claimed at 100s.

Pleading: JS says that he does not owe RB the aforesaid £6 nor any other monies and puts himself upon the country, and RB puts himself likewise. Order to the sheriff to make a jury come in Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 117d

Term: Trinity 1420
County: Gloucestershire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: Nicholas A. claims that that Richard H., William H., and John L. used force and arms to seize and carry-off / abduct livestock worth £14, chattels to the worth £6, and a certain chest containing charters etc. belonging to NA at 'Sutton, Gloucestershire'. The livestock was namely, 2 horses, 2 oxen (boves), and 80 sheep. The chattels were namely: woollen and linen cloth; vessels of copper, brass, and wood; and other household utensils. The aforesaid sealed chest (pixidem sigillatam) contained charters, writings, and other muniments. Damages are claimed at £20.

Pleading: RH, WH, and JL say that they are innocent and put themselves upon the country, and NA puts himself likewise. Order to the sheriff of Gloucestershire to make a jury come in Michaelmas term 1420. And upon this defendants RH, WH, and JL put in their place versus NA, (attorney) Robert F.

Court of Common Pleas, CP 40/638, rot. 119d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Ralph B. claims that John F. owes him £18 11s on a bond. Damages are claimed at £20. Bond shown in court. Noted that the bond says nothing of where it was made, but RB says it was made at London [parish and ward left blank].

Pleading: JF says that the bond is not of his making. Parties on country, jury here at quindene of Michaelmas. Pledges named for the defendant.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Easter 1421.

Court of Common Pleas, CP 40/638, rot. 121d

Term: Trinity 1420
County: Suffolk
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard A. claims that John S. owes him 50m per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: JS defends, and seeks licence to imparl as far as Michaelmas term 1420.

Pleading: [further information drawn from CP40/642 rot.438d - Trinity term 1421] JS says that after the making of the aforesaid bond, namely on 03/05/1411 at London, TA issued a receipt, which JS presents to the court. This receipt, issued by RA, acknowledged himself to have received as of the day of the receipts making (recepisse et habuisse die confectionis eiusdem scripti), £15 from a certain William S., had been similarly obliged to RA in the same 50m, this £15 being partial payment of the aforesaid 50m. JS also presents to the court another receipt, made at London on 15/09/1411, in which RA acknowledges payment of £10 part payment of the aforesaid 50m, in which WS and others had been obliged to him. JS says that these two receipts/releases account for 37m 6s 8d of the aforesaid 50m debt, and seeks judgement concerning these monies. Concerning the remaining 12m 6s 8d residue of the aforesaid debt RA, after the making of the original bond [no date given], issued the aforesaid WS yet another release at London (not presented to the court) acknowledging payment and satisfaction of the remaining 12m 6s 8d. JS says that later, JS and RC colluded and made a coven, at London (parish of St Martin Orgar, Candlewick Street ward), that they ought to keep the final release, with the intention that they should to collect 12m 6s 8d from JS and have it between themselves. This JS is prepared to verify.

Pleading: RA says that the aforesaid receipts/releases concerning 37m 6s 8d of the aforesaid 50m are not of his making and seeks inquiry upon the country, and JS seeks likewise. Concerning the remaining 12m 6s 8d, RA says that JS's plea is not sufficient in law and seeks judgement concerning that same 12m 6s 8d.

Pleading: JS says, concerning the 12m 6s 8d, that his plea is sufficient in law and seeks judgement. And upon this day is given between the parties in Michaelmas term 1421, to hear judgement. Order to the sheriff of London to make a sheriff come in Michaelmas term 1421.

Postea text: 4 posteas - all licences to imparl, forwarding the case as far as the octave of St John the Baptist 1421 (Trinity term 1421).

Postea text: postea 5 - the sheriff of London does not send the writ and so the case is forwarded as far as Hilary term 1422 (concerning the validity of the receipts/releases). Day is also given between the parties to hear judgement (concerning the 12m 6s 8d) in the same term.

Postea text: postea 6 - the sheriff of London does not send the writ and so the case is forwarded as far as Easter term 1422 (concerning the validity of the receipts/releases). Day is also given between the parties to hear judgement (concerning the 12m 6s 8d) in the same term.

Postea text: postea 7 - the sheriff of London does not send the writ and so the case is forwarded as far as Trinity term 1422 (concerning the validity of the receipts/releases). Day is also given between the parties to hear judgement (concerning the 12m 6s 8d) in the same term.

Postea text: postea 8 - the sheriff of London does not send the writ and so the case is forwarded as far as Michaelmas term 1422 (concerning the validity of the receipts/releases). Day is also given between the parties to hear judgement (concerning the 12m 6s 8d) in the same term.

Case notes: further information drawn from CP40/642 rot.438d

Court of Common Pleas, CP 40/638, rot. 123

Term: Trinity 1420
County: Hertfordshire
Writ type: Fraud
Damages claimed: £10
Case type: Contract (general); Sale of goods

Pleading: Thomas Wynfeld states that on the eve of the feast of St Thomas the Martyr (28 December) 1419, at Royston, he agreed to buy 20 quarters of malt from John Fyssher, and JF warranted the malt to be good, when in fact it was rotten and insufficient. This was to his damage of £10.

Pleading: JF says that TW ought not continue the action against him as, protesting that he did not know the malt was rotten, he states that at the time the agreement was made at Royston the malt was good, and that he showed TW a sample at that time, which TW agreed was good.

Pleading: TW, not acknowledging anything said by JF, repeats that JF warranted the malt as good, Enquiry on country, jury here at the octave of Michaelmas. Upon this JF puts William Spencer in his place against TW.

Court of Common Pleas, CP 40/638, rot. 123d

Term: Trinity 1420
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: John H. and his wife Margaret H. (daughter of John C.), executors of the will of JC, claim that William W. owes them 40s as determined by a reckoning of the account between WW and the late JC held before auditor William H (as assigned auditor by JC). JH and MH say that WW did not pay JC this arrears during JC's lifetime, nor has he paid it to his executors (plaintiffs JH and MH). Damages are claimed at 100s. Letters testamentary are shown to the court.

Pleading: WW says that he did not have an accounting before auditor WH, assigned by the late JC, etc. WW puts himself upon the country, and JH with MH put themselves likewise. Order to the sheriff to make a jury come in Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 124d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: William A. claims that Richard H. owes him 100s per a bond. Damages are claimed at £10. Bond shown in court.

Pleading: RH says that the force of the bond ought not hold because at the time of its making he was imprisoned by WA and other of his oven at London, parish of All Hallows Bread Street, Bread Street Ward.

Pleading: WA says that RH was a free man at the time of the bond's making and seeks inquiry upon the country, and RH seeks likewise. Order to the sheriff to make a jury come in Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 174

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: 60s
Damages awarded: 10s
Costs: 50s
Case type: Bond

Pleading: Reginald D. claims that William W. owes him 73s 4d per a bond. Damages are claimed at 60s. Bond shown in court. Noted that the bond does not say where it was made, but RD says it was made at London etc.

Pleading: WW says that the bond is not of his making and puts himself upon the country, and RD puts himself likewise. Order tot the sheriff to make a jury come later in Trinity term 1420. Pledges Thomas A., Richard D., Richard S., named for the defendant. The bond is given to chief clerk John H. for safe keeping.

Postea text: postea 1 - 08/07/1420 the bond is given to justice John P. for consideration of a jury, and clerk JH is quit of it.

Postea text: postea 2 - the jury did not come and so the case is forwarded as far as Michaelmas term 1420 unless the case should first be heard at the assize of St Martin le Grand before justice JP on 02/08/1420.

Postea text: postea 3 - the case is heard at the assize of St Martin le Grand before justice JP and associate justice Thomas G on 02/08/1420. WW does not come and so the jury is to be taken against him per default. Some of the jurors first empanelled come and some do not come, and therefore the jury is placed in respite until Martinmas in 15 days (late in Michaelmas term 1420). The sheriff is to make the parties come to the aforesaid term, as well as supply jurors (decem tales). And upon this the bond is returned to the safe keeping of clerk JH, and justice JP is quit of it.

Postea text: postea 4 - 04/12/1420 the bond is again given to justice JP for consideration by a jury, and clerk JH is quit of it.

Postea text: postea 5 - to this day come both parties, and the case is respited as far as Hilary term 1421 unless first heard at the assize of St Martin le Grand before justice JP on 11/12/1420.

Postea text: postea 6 - the case is heard at the assize of St Martin le Grand before justice JP and associate justice TG on 11/12/1420. The jury, as previously empanelled, says on oath that the bond is of WW's making, just as RD claimed. RD is to recover the aforesaid debt plus 10s damages and 50s costs. WW is to be arrested.

Postea text: postea 7 - 05/07/1421 RD comes and acknowledges satisfaction concerning the aforesaid debt and damages. And upon this WW makes fine with the lord king of 6s 8d per the pledges of John Sacry and John Sherte.

Court of Common Pleas, CP 40/638, rot. 174

Term: Trinity 1420
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Prior Andrew C. claims that vicar John S. owes him 4m as the unpaid residue of an 8m debt arising from the sale of one missal (mass-book). Damages are claimed at 40s.

Pleading: Vicar JS says that he does not owe prior AC the aforesaid 4m nor any other monies and offers his law, to be made later in Trinity term 1420. Pledges of law are named.

Court of Common Pleas, CP 40/638, rot. 174d

Term: Trinity 1420
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: William O. says that on 30/10/1403 he and John W. held a reckoning of account together, whereby it was found that JW owed WO 118s. WO says that he has often requested this same 118s but that it has not been paid. Damages are claimed at 100s.

Pleading: JW says that he does not owe WO the aforesaid 118s nor any other monies and offers his law, to be made in Hilary term 1421. Pledges of law are named, as well as pledges for the defendant's future appearance.

Court of Common Pleas, CP 40/638, rot. 174d

Term: Trinity 1420
County: London
Writ type: Debt (loan)
Damages claimed: 4m
Case type: Loan

Pleading: Prior Andrew C. claims that John H. owes him 4m on a loan. Damages are claimed at 4m.

Pleading: JH says that he does not owe prior AW the aforesaid 4m nor any other monies and offers his law, to be made later in Trinity term 1420. Pledges of law are named. And upon this it is decided that JH's attorney, William S., is to have his master here to make his law in the aforesaid term.

Court of Common Pleas, CP 40/638, rot. 226

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £6
Case type: Bond

Pleading: William P., executor of the will of Emma W. the widow of John W., claims that John L. owes him £6 per a bond made between the late JW and WP. Damages are claimed at £6. Bond shown in court as well as letters testamentary. Noted that the bond does not say where it was made, but WP says it was made at London etc.

Pleading: JL defends, and seeks licence to imparl as far as Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 226d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas U. claims that John R. owes him £6 arising from two bonds of 60s each. Damages are claimed at 100s. Bonds shown in court. Noted at end of the entry that the bonds were made in the Ward of [ward and parish left blank].

Pleading: JR says that the force of the bonds ought not hold because at the time of their making he was imprisoned by TU and TU's servant John S. at Newport, Shropshire.

Pleading: TU says that JR was a free man at the time of the bonds' making and seeks inquiry upon the country, and JR seeks likewise. Order to the sheriff of Shropshire to make a jury come in Michaelmas term 1420. And upon this TU puts in his place versus RU, (attorney) John B.

Court of Common Pleas, CP 40/638, rot. 258

Term: Trinity 1420
County: Lincolnshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Trespass (chattels)

Pleading: William O. and William G. claim that Robert T. used force and arms to break their close at Spalding, Lincolnshire, where his horses, sheep, cows, pigs, and bullocks trampled and consumed WO and WG's hay to the value of 100s. Damages are claimed at £20.

Pleading: RT says that he is innocent and puts himself upon the country, and WO with WG put themselves likewise. Order to the sheriff to make a jury come in Michaelmas term 1420. And upon this WO and WG put in their place versus RT, (attorney) John C.

Court of Common Pleas, CP 40/638, rot. 301

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Parson George W., William B., and Thomas R. claim that Nicholas A. owes them £16 per a bond. Damages are claimed at £20. Bond shown in court. Noted that the bond says nothing of where it was made, but the plaintiffs say it was made at Maresfield, Sussex.

Pleading: NA comes and says that the force of the bond ought not hold, because its effect is contingent upon an indenture made by GW at London, on 07/08/1417 (the day after the making of the bond). NA presents one part of this indenture to the court. The indenture demises at farm, to NA, the rectory of the church of St Bartholomew, Maresfield, Sussex, with all tithes, oblations, incomes, and benefits of the aforesaid church by right of view (de jure spectantibus) for three years commencing Michaelmas 1417. During this time NA was not to lay waste to destruction to the rectory's buildings or trees, and was obliged to maintain the rectory's buildings etc. In payment, NA was to give GW or his attorney, in the parish church of St Margaret of Southwark by London, 12m annually in equal portions at Christmas and St John the Baptist. NA was also to cover all the costs (onera) pertaining to the church of St Bartholomew, as much ordinary and extraordinary, pertaining to the lights of the chancel, tenths granted to the king, and the provisioning of an 'honest and proper' chaplain etc. [Extensive terms also given concerning the payment of tithes in the event of the agreement terminating at certain points within the term.] And if all this should be done then the bond should be null and void. NA says that he held to these terms and seeks judgement.

Pleading: GW, WB, and TR say that according to the indenture, RA was to find and cover the costs of a suitable and honest chaplain for the celebration of mass at Maresfield. They say that for the first year RA held the rectory at farm he found a certain Robert B. to act as chaplain, but this man was a drunk, vicious, dishonest man. As a result, the parishioners of Maresfield took their case before the bishop of Chichester, who removed the chaplain RB and recalled parson GW to reside in the aforesaid church, in his own person. Hence NA did not fully keep to the terms of the indenture, and the bond should be paid.

Pleading: NA says that chaplain RB was suitable and honest, and seeks judgement.

Pleading: GW, WB, and TR say that chaplain RB was neither suitable nor honest and seek inquiry upon the country, and NA seeks likewise. Order to the sheriff to make a jury come in Michaelmas term 1420. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff returns that the writ reached him too late, and so the case is forwarded to later in Michaelmas term 1420.

Postea text: 2 posteas - both say that the sheriff did not send the writ, forwarding the case as far as the octave of the Purification of St Mary (late in Hilary term 1421)

Court of Common Pleas, CP 40/638, rot. 303

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: Thomas A. claims that John T. owes him 50s on a bond. Damages are claimed at 10m. Bond shown in court. Noted that the bond does not say where it was written, but TA says it was made at London [parish and ward left blank].

Pleading: JT says that the force of the bond ought not hold because at the time of its making he was imprisoned by TA and his associates at Lutterworth, Leicestershire.

Pleading: TA says that JT was a free man at the time of the bond's making and seeks inquiry upon the country, and JT seeks likewise. Order to the sheriff of Leicestershire to make a jury come in Michaelmas term 1420. Pledges are named for the defendant.

Court of Common Pleas, CP 40/638, rot. 303d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: John L. William B., and John S., claim that John W. owes them £9 18s 3d arising from three bonds of 66s 1d each. Damages are claimed at £20. Bonds shown in court. Noted that the bonds do not say where they were made but the plaintiff say they were made at London [parish and ward left blank].

Pleading: JW says that the force of the bonds ought not hold because at the time of their making he was imprisoned by JL, WB, JS, and others of their coven at Ashington, Sussex.

Pleading: JL, WB, and JS say that JW was a free man at the time of the bonds' making and seek inquiry upon the country, and JW seeks likewise. Order to the sheriff of Sussex to make a jury come in Michaelmas term 1420. Pledges are named for the defendant.

Court of Common Pleas, CP 40/638, rot. 305

Term: Trinity 1420
County: London
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: The mayor and sheriffs of the city of London have sent here record and the process of a plea held before them in the London Hustings in these words. Plea of land held in the Hustings of London on 20 May 1420. Previously in the Hustings of pleas of land, on 11 March 1420, John Barley junior and his wife Katherine, together with Henry Longley and his wife Margaret, sought a messuage with appurtenances in London, parish of St Peter Paul's Wharf in Castle Baynard ward, from bishop John Wakeryng, William Hankeford and William Werkeman. The plaintiffs state that a certain Humphrey de Walden was seised of the aforesaid messuage in his demesne as of fee, and that in his will, enrolled in the Hustings of London on 22 July 1331, he left all his property in London (as all his property in the said parish of St Peter) to his son Humphrey. If the younger HW should die without heirs, then the property should then pass to Adam W., son of the elder HW, then in turn to Alexander Walden, brother of Adam. The elder Humphrey then later died seised of the aforesaid messuage, and the younger Humphery entered into the said property, during the reign of Edward III. This Humphrey then later died without heirs, as did Adam, leaving the right of inheritance to Axexander. He also died, and the property passed to Alexander's son, also Alexander, who was seised of the messuage during the reign of Richard II. The property then passed to John Walden, brother of the younger Axexander, and then to John's son, another Alexander, and then his other son, also John. After his death, the property passed to his sisters, Katherine and Margaret (the plaintiffs).

Pleading: Bishop John Wakeryng, WH and WW defend, and call to warrant a certain Henry Perys and his wife Christine, as well as Agnes M. who was the wife of William Mullebourne, sisters and heirs of John Chitterne, concerning the aforesaid messuage.

Pleading: The plaintiffs argue that according to the custom of the city of London the aforesaid HP, CP, and AM ought not be called to warrant the defendants, because HP, CP, and AM had lands and tenements within the liberty of the city of London by which they might be summoned.

Pleading: Defendants state that HP, CP, and AM have no lands or tenements in the city of London by which they can be summoned, and seek enquiry upon the country; plaintiffs likewise. And upon this process continued from Hustings to Hustings, until this day, when parties come, and plaintiffs freely grant that the defendants might call HP, CP, and AM to warrant from outside the city. Day given between the parties before the justices of the Common Pleas at Westminster, on the morrow of St John the Baptist 1420, as this court does not have the power to send to the sheriffs of Surrey and Wiltshire. Therefore, on the said morrow of St John the Baptist, parties come, and seek writs to the sheriffs of Surrey and Wiltshire to have HP, CP and AM here at the octave of Martinmas next, to warrant the property.

Pleading: [Further information drawn from CP 40/645, rot 109] The mayor and sheriffs of London have inserted the record and the process of a plea before them in the London Hustings, in these words. Plea of land held in the Hustings of London on 26 January 1422. [Case re-entered as above, except that John Perys, son and hair of Christine Perys, is called to warrant rather than Christine Perys herself, as the previous warrant had returned that Christine Perys was dead, and returning the case to the Hustings at the octave of Michaelmas 1421. Hence the relevant new pleading is as follows...) And upon this bishop William Hankford and William Werkman call to warrant John Perys the son and heir of Christine Perys lately the wife of Henry Perys kinsman and one of the heirs of John Chitterne, and Agnes who was the wife of William Millebourne sister and other heir of the same John Chitterne, in the county of Wiltshire. Hustings does not have the power to call them, so day given in the Common Pleas at the quindene of Easter then next (1422). On that day, parties came by attorneys [names omitted] and a writ is directed to the sheriff of Wiltshire to summon JP and AM to warrant the defendants, returnable at the octave of Michaelmas 1422. Same day given to the parties.

Postea text: postea 1 - sheriffs of Surrey and Wiltshire did not send the writ, to Easter one month 1421.

Postea text: postea 2 - sheriff of Surrey returns that he instructed John Cheseman, bailiff of the liberty of Kingston upon Thames, but he did nothing. Therefore the sheriff of Surrey is again ordered to make HP, CP, and AM come, in Michaelmas term 1421, notwithstanding the liberty. The sheriff of Wiltshire did not send the writ and is again ordered to make HP, CP, and AM come, in Michaelmas term 1421

Postea text: postea 3 - the sheriff of Wiltshire returns that CP, the wife of HP, had died and therefore the parties sought can not be brought before the court. Hence, the court of Common Pleas cannot proceed any further in this case and returns the case to the next session of the Hustings for consideration before the mayor and sheriffs of London, to be held next after the feast of the Conception of the Blessed Mary, 9 Henry V.

Case notes: Case returns from the Hustings in Easter term 1422, and hence case re-entered on CP 40/645, rot 109.

Court of Common Pleas, CP 40/638, rot. 306

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Stephen C. and John B. claim that Nicholas T., living in the Buckinghamshire parish of 'Hambrem', owes them £14 3s 4d on three bonds, one worth £3 6s 8d and two worth £5 8s 4d. Damages are claimed at £20. Bonds shown in court. Noted that the bonds do not say where they were made, but SC and JB say they were made in London etc.

Pleading: NT defends and seeks licence to imparl to Michaelmas term 1420. Pledges named for defendant.

Pleading: [continued at Trinity 1421, rot 109] NT cites the statute of 6 Richard II, stating that in actions of debt and account, the original writ must be brought in the name of the county where the debt was contracted. He says that the bonds were not sealed in London as claimed, and asks that JB, present in court, be examined on this. JB says on oath the bonds were sealed and delivered to him at 'Hambrem', Buckinghamshire. Therefore, according to the terms of the statute, SC and JB are to have nothing, amerced for false claim. NT sent without day.

Case notes: Place name - Continued on CP 40/642, rot 109.

Court of Common Pleas, CP 40/638, rot. 307d

Term: Trinity 1420
County: Northamptonshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Nicholas A. claims that Richard H., William H., and John L, executors of the will of John H., together with their co-executor Alice H., widow of JH, owe him £40 on a bond made between NA and the late JH. Damages claimed at £20. Bond shown in court. Noted that the bond does not say where it was made, but NA says it was made at [omitted].

Pleading: RH, WH, and JL say that the force of the bond ought not hold because it is not of the late JH's making and put themselves upon the country, and NA puts himself likewise. Order to the sheriff to make a jury come in Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 308d

Term: Trinity 1420
County: Middlesex
Writ type: Debt (loan); Debt (other)
Damages claimed: £10
Damages awarded: 13s 4d
Case type: Debt; Loan

Pleading: Thomas I. claims that John W. owes him £14. TI says JW recognised himself to be held to TI in 14 marks of this debt before the lord king in his chancery at Westminster, on 11/10/1418. TI says that the remaining 7m of the aforesaid debt, he loaned to JW in the Great Hall of the King's palace of Westminster on the same day (11/10/1418). Damages are claimed at £10.

Pleading: JW says that he can not deny that he owes TI the aforesaid £14.

Postea text: The decision [same day as pleadings] is that TI is to recover the aforesaid debt plus 13s 4d damages. JW is in mercy. And upon this Ti freely relaxes 7m of the aforesaid debt and damages.

Postea text: postea 1 - 17/10/1420 JW comes before the court and makes satisfaction to TI concerning the remaining £10 debt and damages. Hence JW is without day and quit.

Court of Common Pleas, CP 40/638, rot. 310d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Thomas H. claims that John S. owes him £10 per a bond. Damages are claimed at 20m. Bond shown in court. And upon this TH says that the bond was London etc.

Pleading: JS defends and seeks licence to imparl as far as Michaelmas term 1420. Pledges are named for the defendant.

Postea text: postea 1 - JS does not come, and so it is decided that TH is to recover the aforesaid debt plus 20s damages. JS is in mercy, and is to be arrested.

Court of Common Pleas, CP 40/638, rot. 313

Term: Trinity 1420
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: John W. (servant of the abbot of St Mary Graces, London) and John H. are in mercy for many defaults. Parson Robert C. claims that on 10/11/1419 John W. (servant of the abbot of St Mary Graces, London) and John H. took four horses from his living house ('domo habitaciones') at Westmill, Hertfordshire, and unjustly detain them contrary to (their) surety and pledge etc. Damages are claimed at £20.

Pleading: JW and JH defend and seek licence to imparl as far as Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 313

Term: Trinity 1420
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: John White, servant of the abbot of St Mary Graces, and John Higge are amerced for many defaults. Parson Robert C. claims that on 20/01/1420 JW and JH took three horses belonging to parson RC from a place at Westmill, Hertfordshire, called 'Hayfield' and unjustly detain them contrary to their surety and pledge etc. Damages are claimed at £20.

Pleading: JH and JW defend and seek licence to imparl as far as Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 313d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Robert G. and Joan F., the executor of he late husband Richard F., have been summoned to respond to plaintiff John C. in a plea that they owe him £4 per a bond. And upon this JC has been called (juratus) at the request of JF and RG, and examined by the court, concerning where the bond he has presented to the court was made. And plaintiff RC says on oath that the bond was made at Bristol. Hence, although the bond was made at Bristol, JC procured a writ directed to the sheriff of London, contrary to the form of the statute, and so the decision is that JC shall have nothing per his writ. RG and JF are without day.

Postea text: JC is in mercy for false claim, because he sued on a bond made in Bristol, but used a London writ.

Court of Common Pleas, CP 40/638, rot. 317d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Martin A. claims that Gilbert W. and William B., executors of John S., together with Joan S. a co-executor and widow of John S., owe him £29 per a bond 'made on 20/08/1418' [probable error] between MA and the late John S. Damages are claimed at £40. bond shown to the court in the form aforesaid, 'given on the aforesaid 27/08/1418'. And upon this MA says that the bond was made at London etc.

Pleading: GW and WB say that the action against them ought not continue, because they never administered any of the which were of the late John S. at the time of his death nor afterwards as executors of his will.

Pleading: MA says that GW and WB made administration of diverse goods and chattels which belonged to the late John S. both at the time of his death and afterwards as executors, namely at Watlington, Oxfordshire, and at London in the parish of St Mary Colechurch, Cheap ward. MA seeks inquiry upon the country, and GW with WB seek likewise. Order to the sheriffs of London and Oxfordshire to make juries come in Michaelmas term 1420.

Postea text: 3 posteas - all say that the sheriff of Oxfordshire did not return the writ, and forwarding the case as far as Easter term 1421.

Postea text: postea 3 - The sheriff of Oxford returns that he delivered the writ to John W., bailiff of the liberty of the honour of Wallingford, who returned nothing etc. The sheriff of Oxfordshire is again ordered to make a jury come, in Trinity term 1421, and is not to omit the liberty of the Honour of Wallingford.

Court of Common Pleas, CP 40/638, rot. 339

Term: Trinity 1420
County: London
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: The executors of Thomas B, namely Thomas D., Richard B. and Joan Sampson (wife William S. and former wife of Thomas B.), claim that John H. owes them £12 arising from the sale of 8 pipes of wine, which JH bought from the late TB but did not pay for. Damages are claimed at £40. Letters testamentary shown to the court.

Pleading: JH says that he does not owe TD, RB and Joan Sampson the aforesaid £12 nor any other monies and offers his law, to be made in Michaelmas term 1420. Pledges of law are named. It is decided that JH's attorney, John Stodhagh, ought to have his master here to make his law in the aforesaid term.

Court of Common Pleas, CP 40/638, rot. 378d

Term: Trinity 1420
County: Kent
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John W. claims that Richard B. owes him £10 per a bond. Damages are claimed at 20m. Bond shown in court. And upon this JW says that the bond was made at Hadlow, Kent.

Pleading: RB says that the bond is not of his making and puts himself upon the country, and JW puts himself likewise. Order to the sheriff to make a jury come in Michaelmas term 1420. the bond is put in the safe keeping of clerk John H.

Postea text: postea 1 - the sheriff did not send the writ and so the case if forwarded as far as Hilary term 1421

Court of Common Pleas, CP 40/638, rot. 415

Term: Trinity 1420
County: Somerset
Writ type: Debt (other)
Damages claimed: £100
Case type: Bond; Dower; Real action / rents / damage to real estate

Pleading: Simon Unwene states that by a tripartite indenture made between a certain Margery, former wife of Hugh Pavely on the one part, and him and his wife Ella, former wife of Walter Pavely, son and heir of HP, on another, and Richard Gerard, alias Richard Pavely, on the third, made at Broadway, Somerset, on the morrow of Trinity 1414, it was agreed that with 15 days of this agreement Margery would prosecute a writ of dower against the tenants of 'Ash Boleyn' [Ash] in the parish of Martock, Somerset for lands, tenements, rents, and services with appurtenances of which HP was seised at the time of his death, with the assent of SU and RP, with their warranty, and that they ought to make delivery of these same lands within 15 days of the prosecution of the Margaret P.'s writ of dower. Further Ella, ought to remain in possession of the remainder of the aforesaid lands, beyond the dower of MP, as her own dower, with the warranty of RP and MP. They then agreed on a £20 penalty for not holding to the indenture, and that Richard ought to cover the costs of the indenture. SU has held to all parts of the agreement, and he and Ella sued their writ of dower. Afterwards, on 28 June 1414, at Devizes, SU asked Richard to pay him 20s expenses incurred for the retention of counsel in prosecuting this writ, but he refused. For this, SU is owed the £20 according to the penalty clause, but RP has refused to pay, to his damage of £100.

Pleading: RP granted licence to imparl to octave of Michaelmas, with assent of SU.

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

Court of Common Pleas, CP 40/638, rot. 415d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £30
Case type: Bond

Pleading: Robert H. and William D., executors of the late parson Henry L., claim that parson Thomas S. owes them £20. Damages are claimed at £30. Bond shown in court, as well as letters of executry.

Pleading: parson TS defends and seeks licence to imparl as far as Michaelmas term 1420.

Case notes: below this case, on the same membrane, is mesne process whereby the same defendants seek £20 against William Carlwen of Burwell, Cambridgeshire, husbandman.

Court of Common Pleas, CP 40/638, rot. 415d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £500
Case type: Bond

Pleading: Robert M. and John T. claims that John E. owes them 400m per a bond. Damages are claimed at £500. Bond shown in court.

Pleading: JE defends and seeks licence to imparl as far as Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 423

Term: Trinity 1420
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Margaret H. claims that on 16/11/1416 she delivered to William M. for safe keeping: 2 engraved silver cups ('ciphos argentes chaciatos'), one silver cup with a silver lid ('coopertorio argenteo'), two silver salt-cellars ('salaria'), and one silver powder-box, worth a total of 20m. MH says that WM refuses to return these items, and so claims damages of £20.

Pleading: WM says that he does not detain these or any other goods from the aforesaid MH and offers his law, to be made in Michaelmas term 1420. Pledges of law are named as well as pledges for future appearance etc.

Postea text: postea 1 - WM makes essoin, and so the case is forwarded as far as Martinmas (later in Michaelmas term) 1420.

Postea text: postea 2 - MH does not come to prosecute, and so she and her pledges of prosecution are in mercy etc.

Court of Common Pleas, CP 40/638, rot. 423

Term: Trinity 1420
County: London
Writ type: Debt (loan)
Damages claimed: £20
Case type: Loan

Pleading: Richard O., Hugh L., and Richard R., executors of the will of Stephen S., claim that Thomas H. owes them £31 2s 8d which the late SS loaned to TH. Damages are claimed at £20.

Pleading: TH defends and seeks licence to imparl as far as Michaelmas term 1420. Pledges are named for the defendant.

Court of Common Pleas, CP 40/638, rot. 423d

Term: Trinity 1420
County: London
Writ type: Debt (loan)
Damages claimed: £20
Case type: Loan

Pleading: Richard O., Hugh L., and Richard R., executors of the will of Stephen S., claim that Thomas H. owes them 5m 6s 8d which the late SS loaned to TH, but which was not repaid. Damages are claimed at £20.

Pleading: TH defends and seeks licence to imparl as far as Michaelmas term 1420. Pledges are named for the defendant.

Court of Common Pleas, CP 40/638, rot. 430

Term: Trinity 1420
County: London
Writ type: Detinue
Damages claimed: 40m
Case type: Detention of goods; Safe keeping

Pleading: Margaret N. and John C., executors of the will of parson John B., claim that Thomas C. detains chattels to the value of £20, which the late parson JB gave to TC for safe keeping. The goods were namely: 5 silver cups and two silver lids. Damages are claimed at 40m. Letters testamentary shown in court.

Pleading: TC defends and seeks licence to imparl as far as Michaelmas term 1420.

Court of Common Pleas, CP 40/638, rot. 436

Term: Trinity 1420
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: 100m
Case type: Embracery

Pleading: John C. claims that John S., Nicholas S., Stephen G., Robert P., Peter H., William N., William T., Simon T., John H., Edmund B., Thomas W., and Adam M. have broken the statutes of 34 and 38 Edward III against embracery. John C. says that he was involved in a plea of trespass against a certain Robert H., whereby he had claimed RH used force and arms to break his close and house at Ipswich (Suffolk), dig in his quarries and carry off stone to the value of £20. JC says that there was an inquisition held concerning this case in which JS acted as a juror and embracer, receiving from the then defendant RH, at Westminster on 30/04/1419, diverse sums of money and gifts. These sums JS distributed to the jurors as follows for the fixing of the jury, namely: to AM and SG, 10m; to TW and WN, 100s each; to EB, PH, and NS, 5m; to JH and ST, 40s; to WT 4m, and for RP and JS himself, 6m. Additionally JS and the other jurors each received food and drink to worth 20s. Damages are claimed at 100m.

Pleading: John S., Nicholas S., Stephen G., Robert P., Peter H., William N., William T., Simon T., John H., Edward B., Thomas W., and Adam B defend and seek licence to imparl as far as Michaelmas term 1420. [further information drawn from CP40/639 rot.301d.] All the defendants, except John S. say that the writ against them is not valid because it names each of them according to the country and vill in which they live, which is additional information not appearing in the record of the original inquest to which the writ refers, and so seek judgement on the writ. JS, the supposed embracer, similarly seeks judgement on the writ, saying that the present writs contains 'additions' of names and surnames which have been varied from those in the record of the original inquest.

Pleading: JC says that he can not deny these exceptions.

Postea text: The decision is that JC is to have nothing for his writ, and is in mercy for false claim. The defendants are without day.

Case notes: Further information drawn from CP40/639 rot. 301d; related to case CP40/640 rot.113.

Court of Common Pleas, CP 40/638, rot. 437d

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Stephen R. claims that Agnes M., widow and executor of John M., together with co-executor Thomas M., owes him 40s by way of a debt owed by the late JM. SR says that on 07/09/1415 the late JM granted, per his tally and under his seal, that he should pay SR 40s in the feast of Easter then next following (14/041416). Damages are clamed at 100s. Tally shown to the court.

Pleading: AM says that her co-executor TM, as named in the writ, died at Rochester (Kent) and seeks judgement on the writ.

Pleading: SR says that TM is still alive, namely at London in the aforesaid parish and Ward [parish and ward above left blank], and seeks inquiry upon the country. AM seeks likewise. The court has not yet been advised as to whether view should be made of Rochester or the London parish and ward aforesaid, and therefore day is given between the parties in Michaelmas term 1420. Pledges are named for the defendant.

Postea text: 2 posteas - both say that the justices have not yet been advised etc., and forward the case as far as Easter term 1421.

Postea text: postea 3 - the record of the case is read and understood by the court, and it is decided that view should be made of Rochester, and so the sheriff of Kent is ordered to make a jury come in Trinity term 1421.

Postea text: postea 4 - continuance between the parties as far as Michaelmas term 1421.

Postea text: postea 5 - both parties come, as well as a jury, but SP does not prosecute his suit. Therefore SR and his pledges of prosecution are in mercy.

Court of Common Pleas, CP 40/638, rot. 438

Term: Trinity 1420
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: John E. (brother of the late Richard E), Robert T. Robert C., and William P. - executors of the will of Richard E. - claim that John L., and William B. - executors of Thomas G. - owe them £53 6s as the unpaid residue of a £55 debt which the late TG owes to the late RE. Plaintiffs JE, RT, RC, and WP claim that the late TG obligated himself to be held to the late RE by way of four bonds totalling £55, but that TG only repaid 34s of these monies, leaving an unpaid debt of £53 6s. Damages are claimed at £100. The bonds are shown to the court as well as letters testamentary showing that JE, RT, RC, and WP are the executors of RE.

Pleading: Defendants JL and WB say that they made full administration of the goods and chattels of the late TG prior to the day of the making of the plaintiffs' writ.

Pleading: Plaintiffs JE, RT, RC, and WP say that on the day their writ was made, namely 10/04/1419, the aforesaid executors were in possession of good of the late TG sufficient to cover the debt. The plaintiffs say that these goods were located in: the parish of St Swithin, Walbrook Ward; and the parish of St Dunstan in the West, ward of Farringdon Without. The plaintiffs seek inquiry upon the country, and defendants JL with WB seek likewise. Order to the sheriff to make a jury come in Michaelmas term 1420. Pledges are named for the defendants.

Postea text: 3 posteas - all say that the sheriff did not send the writ, forwarding the case as far as Michaelmas term 1421.

Court of Common Pleas, CP 40/638, rot. 440d

Term: Trinity 1420
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Richard E. claims that Nicholas T. owes him £15 15s 3d arising from the sale of diverse furs. Damages are claimed at £10.

Pleading: NT defends and seeks licence to imparl as far as Michaelmas term 1420.