CP40/654: Trinity term 1424

Court of Common Pleas, CP 40/654, rot. 038d

Term: Trinity 1424
County: Sussex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: John Gladewyne states that on 21 August 1422, John Goolde forcibly broke his close at Cuckfield and between then and Michaelmas 1423 cut and carried off 100 oak trees and 200 beech trees, and 200 cartloads of underwood, all worth £20, and destroyed his grass worth £10, depasturing his animals. This was against the peace, and to his damage of £40.

Pleading: John Goolde denies force and arms and acting against the peace, and both parties place themselves on the country. And regarding the rest, he states that at the time of the alleged trespass, the close concerned was the free tenement of a certain John Wryther, of whom he is a servant, and he cut down the trees and grass on his orders.

Pleading: John Gladewyne denies this, stating that the close was his own free tenement at this time. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/654, rot. 073d

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: James de Roche states that on 28 September 1422, in London, Thomas de Ware forcibly assaulted him, against the peace and to his damage of £20.

Pleading: TW denies force and arms and acting against the peace. Both parties place themselves on the country. And regarding the assault, he states that JR attacked him, and he acted in self-defence.

Pleading: JR denies this, claiming that TW attacked him as claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Michaelmas.

Court of Common Pleas, CP 40/654, rot. 103

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Bond; Taking of goods

Pleading: William Spark states that on 24 September 1397 Thomas Barton forcibly took from him a certain document by which TB was bound to him in £11, against the peace and to his damage of £20.

Pleading: TB denies responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: Sheriff did not send writ, sicut prius, to morrow of All Souls.

Court of Common Pleas, CP 40/654, rot. 104d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 40s
Costs: 13s 4d
Case type: Bond; Imprisonment

Pleading: Robert Tatersall states that on 1 January 1422, John Lannoy made bond with him in £22, but has not paid, to his damage of £40. He shows the bond in court.

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

Pleading: RT denies this, stating that at the time of the bond JL was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Somerset to have jury of Bridgwater here at octave of Michaelmas.

Postea text: Process continued, jury in respite to quindene of Easter 1425, nisi prius they come before the justices of assize at Ilchester on 8 March 1425.

Postea text: RT came, justices send record that on that day, before John Martyn and John Cottesmore, justices of assize in Somerset, both parties came, and jury said that JL was not in prison on the day concerned, and made the bond freely and not under duress. Damages assigned at 40s, and costs at 13s 4d. JL amerced.

Court of Common Pleas, CP 40/654, rot. 108

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £1000
Case type: Bond; Real action / rents / damage to real estate

Pleading: The plaintiffs state that on 8 December 1420 they demised at farm to Robert de Bodenham, John Persons and John Burnell the manors of Shurdington, Stonehouse, King's Stanley, Woodchester and Stoke Orchard in Gloucestershire, Wootton Fitzpaine, East Morden, Langton Maltravers, Phillipston and Bere Regis in Dorset, and Stapleford in Wiltshire, to hold from Michaelmas next for three years, rendering £226 13s 4d per year, equally at Easter and Michaelmas. Should this rent be in arrears, the plaintiffs may take goods from any of these manors to cover the arrears and their costs, and if it is in arrears for a quarter of a year after any termly payment, the plaintiffs may re-enter the property. Similarly, the tenants agree to make all necessary repairs during this term, and not commit or allow waste of the property, and to pursue any who do. For the keeping of this agreement, RB entered a bond of £500, payable at the Michaelmas after any breach, which the plaintiffs show in court. The tenants have now broken the terms of the agreement, for which reason RB owes the £500. The plaintiffs acknowledge that they have been paid 250m, but RB has not paid the remaining 500m, to their damage of £1000. The plaintiffs show the agreement in court.

Pleading: RB granted licence to imparl to octave of Michaelmas.

Postea text: [One postea, begun but not completed]

Case notes: See also CIPM XXI, nos.820-2, and CP 40/648, rot 308, and CP 40/653, rot 308.

Court of Common Pleas, CP 40/654, rot. 109d

Term: Trinity 1424
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: Pleadings between John Assewell and Robert Lovell on plea that RL render £47 10d remains without day, as RL is in the king's service in Guines in Picardy, and has letters of protection valid from 14 July 1423 for one year.

Court of Common Pleas, CP 40/654, rot. 109d

Term: Trinity 1424
County: London
Writ type: Fraud
Damages claimed: 10m
Case type: Sale of goods

Pleading: Roger Berryngton, who brought a case against Alexander Ferrentinis on plea that he fraudulently sold him two pipes of red Gascon wine, knowing that it was bad and in poor condition, to his damage of 10m, did not prosecute his writ. He and pledges amerced.

Case notes: See also CP 40/650, rot 215d and CP 40/654 rot 112d.

Court of Common Pleas, CP 40/654, rot. 112d

Term: Trinity 1424
County: London
Writ type: Fraud
Damages claimed: £40
Case type: Sale of goods

Pleading: Roger Benyngton states that Alexander de Ferrentinis fraudulently sold him two pipes of red Gascon wine for 9m on 19 July 1422, guaranteeing it to be good even though he knew that it was bad and in poor condition, to his damage of £40.

Pleading: AF, protesting that the wine was good, states that he never guaranteed the wine as claimed by RB. Both parties place themselves on the country. AF, as an alien, requests a writ to the sheriff of London to bring a jury of both aliens and natives, according to the statute. This is granted, and the sheriff is to have jury here at the quindene of Michaelmas, half being natives and half aliens.

Case notes: See also CP 40/650 rot 215d and CP 40/654 rot 109d.

Court of Common Pleas, CP 40/654, rot. 115

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Debt; Housebreaking; Real action / rents / damage to real estate

Pleading: Roger Crome, Roger Saberton and Thomas Musted state that on 26 October 1422, John and Agnes Woxbrigge forcibly broke into their house and inflicted such great injuries on four of their tenants, namely Roche, Sterlyng, Dounham and Warwyke, and committed such other crimes that the tenants each left the tenancy of their messuage, held at an annual rent of 5s, depriving them of their rent and services from 26 October 1422 until [omitted]. This was against the peace, and to their damage of £40.

Pleading: JW and AW deny force and arms and acting against the peace, and deny responsibility for the whole of the trespass except the breaking of the house. Both parties place themselves on the country. And concerning the housebreaking, they state that at the time of the alleged trespass the house was their soil and free tenement, by the right of AW, and they entered rightfully.

Pleading: The plaintiffs deny this, stating that the house was their own soil and free tenement at this time. Both parties seek enquiry on the country. Sheriff to have jury here at Michaelmas three weeks. Pledges named for defendants.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Easter 1425.

Court of Common Pleas, CP 40/654, rot. 116d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 5m
Case type: Bond; Imprisonment

Pleading: The executors of John Bale state that on 26 June 1420, Thomas Basset made bond with JB in £4, but has not paid, to their damage of 10m. They show in court the bond, and the will of JB by which they have executry.

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

Pleading: The executors deny this, stating that at the time of the bond TB was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Essex to have jury of Witham here at octave of Michaelmas. Pledges named for defendant.

Postea text: Process continued, jurors in respite to octave of Michaelmas. Executors came, TB did not come. Jurors find against him by default, placed in respite until Michaelmas one month. Sheriff to take, etc, pledges to be taken.

Postea text: RA, JP and HB, pledges, came, and made fine with the king at 3s 4d. Jurors in respite to octave of Martinmas.

Postea text: Executors came, jury stated that TB was not imprisoned at this time, and made the bond freely and not under duress. Damages assigned at 5m. Executors to recover debt of £4. TB amerced.

Case notes: See also CP 40/653 rot 318d.

Court of Common Pleas, CP 40/654, rot. 124d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Roger Bolter and John Shute, executors of Richard Palmer, state that on 28 July 1423, John Hawley made bond with RP in 100s, but has not paid, to their damage of £10. They show the bond in court, and the will of RP by which they have executry.

Pleading: JH states that he should not be bound, as the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: On this day, the bond was delivered to John Wydeslade, attorney of the executors, and Robert Darcy was quit. RB did not prosecute his writ. He and pledges amerced, JH sent without day.

Court of Common Pleas, CP 40/654, rot. 125

Term: Trinity 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: William Wyngate states that on 8 March 1416, in London, parish of St Giles without Cripplegate, ward of Farringdon Without [sic], Margery, wife of Richard Welde, bought from him 53 quarters of malt for £19 17s, to the use of RW, and also RW, on 20 April 1416, bought 10 quarters of malt for £4. However, RW has not paid this total of £23 17s, to his damage of £20.

Pleading: RW states that he does not owe this or any money as claimed. Ordered that he wager his law at quindene of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/654, rot. 126d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 10s
Case type: Bond

Pleading: William Trethek states that on 26 November 1414, John Arundell made two bonds with him and John Archer, each in £14, payable at the quindene of Easter and the quindene of the nativity of St John the Baptist next, but he has not paid this £28, to his damage of £20. He shows the bond in court.

Pleading: Arundell admits the debt. WT to recover the debt, and damages of 10s. Arundell amerced, bond cancelled. WT acknowledges that he has been paid £14 of this debt, and the damages of 10s. Arundell therefore quit.

Court of Common Pleas, CP 40/654, rot. 145

Term: Trinity 1424
County: Wiltshire
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Richard Parys states that on 2 January 1424, William Boket made bond with him in 53s 6d, but has not paid, to his damage of 20m.

Pleading: WB states that he should not be held to this debt, since on 8 May 1424, by a document which he shows in court, RP released him from all debts and actions between them before that day.

Pleading: RP states that WB should be held to this debt, since this release was not of his making. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Michaelmas. Release to remain in the custody of Robert Darcy, king's clerk.

Court of Common Pleas, CP 40/654, rot. 160

Term: Trinity 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Reckoning of account; Sale of goods

Pleading: William Hanyngwell states that on 22 November 1409, John Checheley accounted for various goods, namely pepper, saffron, ginger, cloves, grains of paradise, almonds and other spices, which he had bought from him, and various other contracts between them, and was found to be in arrears by £9. However, he has not paid, to his damage of 20m.

Pleading: JC states that he does not owe this or any money as claimed. Ordered that he wager his law at Michaelmas one month. Pledges named.

Court of Common Pleas, CP 40/654, rot. 200

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond; Imprisonment

Pleading: Thomas Fauconer states that on 28 May 1414, John Parker made bond with him in 5 marks, but has not paid, to his damage of 5m. He shows the bond in court.

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

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

Court of Common Pleas, CP 40/654, rot. 200

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Gedeney states that on 10 April 1410, Thomas Bolour made a bond with him in £6 3s 4d. He has been paid £4 3s 4d, but TB has not paid the remaining 40s, to his damage of 40s. He shows the bond in court.

Pleading: TB granted licence to imparl to quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/654, rot. 200d

Term: Trinity 1424
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 26s 8d
Case type: Bond

Pleading: John Wotton states that on 12 May 1423 John Burton made bond with him in £24 13s 4d, of which he has been paid £11 13s 4d, but JB has not paid the remaining £13, to his damage of £10. He shows the bond in court.

Pleading: JB grants licence to imparl to quindene of Michaelmas.

Postea text: JB did not come. JW to recover his debt, and damages of 26s 8d. JB amerced.

Court of Common Pleas, CP 40/654, rot. 200d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Lawrence Drayton states that on 3 June 1419 John Chabote made bond with him in £19 10s, but has not paid, to his damage of £10. He shows the bond in court.

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

Pleading: LD denies this, stating that at the time of the bond JC was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Surrey to have jury here at quindene of Michaelmas. Pledges named for defendant.

Case notes: Related to CP 40/643 rot 257, which appears to be a suit on the similar bond made in a different ward, and claiming £20 damages.

Court of Common Pleas, CP 40/654, rot. 232d

Term: Trinity 1424
County: Kent
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 26s 8d
Case type: Bond

Pleading: John Child states that on 24 August 1423, Thomas Shordiche made bond with him in 47s 9d, but has not paid, to his damage of 40s. He shows the bond in court.

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

Pleading: JC denies this, stating that at the time of the bond TS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named for defendant.

Postea text: Writ arrived too late, sicut prius, to octave of Martinmas. On that day, jury placed in respite to quindene of Hilary.

Postea text: JC came, TS did not come. Judgment against him by default. Jury state that he was not imprisoned at the time of the bond, but made it freely and not under duress. JS to recover his debt and damages, assigned at 20s by the jury, and a further 6s 8d assigned by the justices. TS amerced.

Court of Common Pleas, CP 40/654, rot. 303

Term: Trinity 1424
County: London
Writ type: Debt (account); Debt (sale of goods)
Damages claimed: 10m
Case type: Reckoning of account; Sale of goods

Pleading: Robert Fenescales states that on 23 October 1421 Nicholas Carue, by an indented schedule, acknowledged that he owed to RF 43s 4d for all matters between them. Also, on 12 November 1421, NC bought from him 3 yards of black russet cloth for a further 5s 8d. However, he has not paid this total of 49s, to his damage of 10m. He shows the schedule in court.

Pleading: NC states that he does not owe the 43s 4d, since the schedule was not of his making, and that he does not owe the other 5s 8d or any money in the form claimed by RF. Both parties place themselves upon the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/654, rot. 316

Term: Trinity 1424
County: London
Writ type: Detinue
Case type: Detention of goods

Pleading: John Farneburwe amerced for many defaults. John Farneburwe was summoned to answer Joice and Alice Faukes on plea that he render to them a certain chest containing various documents, which he unjustly detains. All parties appear, and day is given at octave of Michaelmas, without essoin.

Postea text: Two further delays without essoin, to octave of Trinity 1425.

Court of Common Pleas, CP 40/654, rot. 352

Term: Trinity 1424
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Housebreaking; Taking of goods

Pleading: John Piers states that on 2 May 1424, John Weston and William Breynok forcibly broke his close at Stanford le Hope and carried off goods and chattels to a value of 10m, namely 20 carts of oak and elm timber, and committed other acts against the peace, to his damage of 20m.

Pleading: Defendants granted licence to imparl to quindene of Michaelmas.

Court of Common Pleas, CP 40/654, rot. 387

Term: Trinity 1424
County: Essex
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: Thomas Hamond states that he gave to John Swetyng, for safe-keeping, a certain bond by which Thomas Knolles was bound to him and JS in 100m, to the profit of TH. TK has not paid this debt, but JS, seeking to defraud TH of his money, now refuses to deliver the bond to him or allow him to prosecute their suit in court, despite being asked on 20 October 1421 and at various times since, to his damage of £100.

Pleading: JS states that the suit should not continue, since on 3 November 1422, by a document which JS shows in court, TH released JS from all actions and disputes pending between them up to that date.

Pleading: TH admits that the release was of his making. TH amerced for false claim. JS sent without day.

Case notes: See also CP 40/653 rot 322.

Court of Common Pleas, CP 40/654, rot. 388

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Edmund Chymbeham states that on 30 December 1415, John Elys made bond with him in 40s, but has not paid, to his damage of £10. He shows the bond in court.

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

Pleading: EC denies this, stating that at the time of the bond JE was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff to have jury of Southwark here at quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/654, rot. 389

Term: Trinity 1424
County: Westminster Palace
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault; Imprisonment

Pleading: John Gille states that on 24 November 1422, John Telyngton, John Gernon and Thomas Corbet, together with William Goldsmyth, assaulted him within the king's palace of Westminster, and imprisoned him for three days, against the peace and to his damage of £10.

Pleading: Defendants granted licence to imparl to octave of Michaelmas, with assent of NG. Pledges named for JT and JG.

Postea text: 10 further licences to imparl, to Easter 1427.

Court of Common Pleas, CP 40/654, rot. 390

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault; Housebreaking; Real action / rents / damage to real estate

Pleading: The plaintiffs, Margaret Philipot, John and Thomasine Boys, John and Agnes Whatton, John Gray, Margaret Seynt Germayn and Thomasine Seynt Germayn, state that on 26 March 1423, William Brounyng forcibly broke into their house in London and assaulted their tenants, namely John Dogan, who held a messuage at an annual rent of 13s 4d, and John Abbot, who held a messuage at a rent of 26s 8d, causing them such great injuries that they withdrew from their tenure, depriving the plaintiffs of their rents and services from 26 March 1423 to the date of their original writ, namely 8 June 1424. This was against the peace, and to their damage of £100.

Pleading: WB denies force and arms, and all the alleged trespass except the housebreaking. All parties place themselves on the country. And regarding the housebreaking, WB states that the plaintiffs should cease their action, citing the customs of the city that citizens may specify in their will that property may be sold by their executors or the executors of their executors, etc. He states that the house was held as part of a messuage held by Simon Dollesley, who, in his will enrolled in the Hustings on 30 January 1363, stated that this property and others was to pass to his widow, Joan, for her life, and then to Joan Gysors, daughter of John Gysors, with remainder to the heirs of her body. And if she should die without heirs, then the property was to be sold, and the money distributed to charity for the good of his soul. SD, JD and John G all died, and Joan G also died without heirs, and Katherine Stable, Richard Osbern and John Arnold, executors of Thomas Stable, executor of John Frankeleyn, executor of Matilda, widow and executor of John Gysors, who outlived Joan, co-executor with John G of the will of SD, sold the messuage to Thomas Thorlewynde, who, being so seised, demised it to WB, who held it until the plaintiffs entered it, claiming it as the right of MP, TB, AW, John Gray, MSG and TSG, as the co-heirs of Joan, daughter of John Gysors [relationship of each claimant given in detail, all traced back to a Joan Belton, first cousin of John Gysors]. WB, however, claims that he rightfully re-entered it.

Pleading: The plaintiffs state that the property was held by SD, who bequeathed it first to his wife Joan for her life, and then to Joan, daughter of John Gysors, with remainder to the heirs of her body. After the deaths of SD and JD, Joan Gysors entered it, and held it in fee tail, as the daughter of Agnes, daughter of SD. Joan, seised of the property, married Hugh Fastolf, and they, by a charter enrolled in the Hustings on 25 September 1385, enfeoffed the property to a certain William Newerk, who then re-enfeoffed Joan and Hugh and the heirs of their bodies, with remainder to the rightful heirs of Joan. They died without heirs, and the plaintiffs, as the rightful heirs, entered the property, and were so seised at the time of the trespass.

Pleading: WB, unaware of the matters claimed by the plaintiffs, states that the customs of the city support his claim, in that any citizen may specify in his will that property be sold, and the executors or their successors may make legal sale. The justices wish to be advised on how to try this plea, and day is given to the parties at the octave of Michaelmas.

Postea text: Parties come, and say that whenever a verdict is given regarding the customs of the city of London, the mayor and alderman should be consulted regarding the customs of the city. They seek a writ to the mayor and aldermen to confirm to the court regarding such verdicts, returnable here at Michaelmas three weeks. And concerning the rest of the plea, sheriff to have jury here at the same term.

Postea text: Parties come, mayor and alderman say the writ arrived too late, and the sheriff did not send the other writ, sicut prius to both at octave of Hilary.

Postea text: Two more posteas, mayor and alderman and sheriff did not send the writs, sicut pluries, to quindene of Easter, octave of Trinity.

Case notes: Interesting case regarding property inheritance customs of City of London. See also CP 40/655, rot 619

Court of Common Pleas, CP 40/654, rot. 391

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Taking of goods

Pleading: Edmund Chymbeham states that on 6 December 1417 Simon Flour and William Gerveys forcibly took goods and chattels from him worth £30, namely a silver and gilt ring, a gold signet, a chest covered in gold spangles, four gold rings, four silver rings called 'jemewes', one gold rosary and one harp, against the peace and to his damage of £100.

Pleading: Defendants granted licence to imparl to octave of Michaelmas, with assent of EC.

Postea text: 4 further licences to imparl, to octave of Hilary 1426.

Court of Common Pleas, CP 40/654, rot. 395

Term: Trinity 1424
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Real action / rents / damage to real estate

Pleading: Henry Jolipace and John Reynold, executors of Thomas Kyng state that Kyng was seised by right of his chantry of an annual rent of 50s from Edward Thebbot, former rector of Peldon, predecessor of John Saxy, payable in the parish of St Faith, London in equal portions at the octaves of Michaelmas and Easter. His predecessors always paid this, up to the octave of Michaelmas 1419, when JS refused to pay, and was in arrears by 2½ years during the life of Kyng, amounting to £6 5s. Saxy has refused to pay Kyng or his executors, to their damage of £20. They show the will of TK in court, by which they have executry.

Pleading: JS, saying that he is unaware of the plaintiffs' claims, states that he is not able to burden or discharge his church of annual rent payments without the permission of John, Bishop of London, ordinary of the church, John Howard, knight, Andrew Botiler, Robert Teye, John Sumpter, John Ewell, William Hanyngfeld, William Clopton and William Tendryng, patrons. He seeks the assistance of the ordinary and patrons in this case. Order the sheriff to summon the patrons and ordinary to answer the plaintiffs alongside Saxy at quindene of Michaelmas.

Pleading: Parties came at quindene of Michaelmas 1424, JK, JH, AB, JS, JE, WC and WT made essoin, to morrow of Martinmas. RT and WH given same day, so too defendant. On that day RT and WH made essoin, all given day at quindene of Hilary.

Pleading: Parties came at quindene of Hilary 1425, but patrons and JK did not come, JS ordered to answer without them. He states that the plaintiffs should cease their case, since TK and his predecessors were seised of an annual rent of 50s issuing from a messuage and 100 acres of land in Peldon which the former parson and his predecessors held of John Badecok and his ancestors, at his will. However, long before the octave of Michaelmas 1419, JB entered the property and expelled JS.

Pleading: The executors, knowing nothing of JS's claims, state that this plea is insufficient in law to exclude them from their action, and seek the debt and damages in default of a sufficient plea. JS states that the plea is sufficient, and executors repeat that it is not. Justices wish to hear advice on this, day given at quindene of Easter, then octave of Trinity.

Postea text: Case suspended without day, since John Saxy is in the king's service in the company of Ralph Botiler, captain of the castle of Arques in Normandy, and has letters of protection from 22 April 1425 for one year.

Postea text: Executors seek writ to summon JS back to court, granted, returnable at quindene of Trinity. On which day the case again suspended, as JS is still in service in Normandy, with letters of protection from 2 February 1426 for one year

Court of Common Pleas, CP 40/654, rot. 396

Term: Trinity 1424
County: Gloucestershire
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Helen Bartoure, against Robert Archebold, states that on 4 February 1418, William Bartour made bond with her in £66 13s 4d, payable in 7 instalments, but neither he nor RA, his executor along with Walter Hert and William Tremenell, has paid, to her damage of 100m. She shows the bond in court.

Pleading: Robert Archebold states that he never administered any of the goods of WB, nor ever acted as his executor.

Pleading: HB states that RA did administer the goods of WB, and acted as his executor, namely in Gloucester and elsewhere, whereby she could have had satisfaction of the debt. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named.

Postea text: RA came, HB did not prosecute her writ. HB and pledges amerced.

Case notes: The pleading clearly dates the first payment to before the date of the bond, despite saying the feast next coming?

Court of Common Pleas, CP 40/654, rot. 396d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Newebery states that on 5 July 1421 William Coventre made bond with him in £6 13s 4d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: WC granted licence to imparl to octave of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/654, rot. 396d

Term: Trinity 1424
County: Nottinghamshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Edmund Perepount states that on 1 August 1421, William de la Pole made bond with him in £10, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WP, citing the Statute of Additions, states that on the day of EP's original writ he was staying in the parish of St Bride in Fleet Street next to London, in the ward of Farringdon Without, which parish, and the place called Fleet Street, are and were outside London and not in London.

Pleading: EP states that his writ should not cease, since he says that this parish, and the place called Fleet Street, are and were in London, and not outside, as claimed by WP. Both parties seek enquiry on the country. Sheriffs of London to have jury here at Michaelmas three weeks, both of St Bride's parish, and of the parishes within the walls of the city next to St Bride's.

Court of Common Pleas, CP 40/654, rot. 397d

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard Stafford states that on 6 May 1421, John Stanstede made bond with him in £22, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: JS granted licence to imparl to octave of Michaelmas. Pledges named.

Postea text: 2 further licences to imparl, to quindene of Easter 1425.

Court of Common Pleas, CP 40/654, rot. 398d

Term: Trinity 1424
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Joan Beauchamp, Lady Bergavenny, citing the Statute of Labourers, states that on 4 October 1423, in London, she retained William Warner to serve as a labourer in her kitchen for one year, but on 12 May 1424 he left her service to be retained by John Brugge, in contempt of the king and to her damage of £20.

Pleading: John B states that he is called John Clerk, junior, and is known by that name, and not as John Brugge, as the writ claims.

Pleading: Joan B states that her writ should continue, as this John is called John Brugge, and is known by that name. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/654, rot. 398d

Term: Trinity 1424
County: Hertfordshire
Writ type: Debt (other)
Damages claimed: 20m
Case type: Contract (general); Real action / rents / damage to real estate

Pleading: John, Bishop of London, states that on 13 September 1423, he demised to William Newes all his lands in his manor of Much Hadham, except 20 acres of meadow, to hold from Michaelmas 1423 for 5 years, rendering £22 per year at Easter and Michaelmas in equal portions. However, despite having possession of the land, WN has not paid the £11 due at Easter 1424, to his damage of 20m.

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

Court of Common Pleas, CP 40/654, rot. 407

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Simon Rutland states that on 25 September 1413, Richard Patryngton made bond with him in 20m, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: RP states that he should not be bound to this debt, since by another agreement, of which he shows in court the part sealed by SR, made on 26 September 1413, it was agreed that if he paid to SR at his house in Fleet Street in the suburbs of London 100s on 8 December 1413, and another 100s on Palm Sunday 1424, then the bond would be annulled. And he states that he paid these sums, by the hands of Peter Tadlowe and Richard Brykley, at Southwark.

Pleading: SR states that RP did not pay him the 100s due on 8 December 1413, as specified in the indenture.

Pleading: RP states that he did pay the 100s due on 8 December, as claimed. Both parties place themselves on the country. Sheriff of surrey to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/654, rot. 407

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John Best states that on 27 April 1420, John Lannoy made bond with him in £22 10s 6d. He has been paid £9 10s 1½d, but JL has not paid the remaining £13 4½d, to his damage of 100s. He shows the bond in court.

Pleading: JL granted licence to imparl to Michaelmas one month. Pledges named.

Postea text: Further licence to imparl, to quindene of Hilary 1425.

Postea text: Parties came, JL states that he cannot deny that the bond was made by him, and that he owes this debt. Ordered that JB recover the debt, JL amerced. JB remits his damages.

Case notes: Residences of some individuals unidentified.

Court of Common Pleas, CP 40/654, rot. 407d

Term: Trinity 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Housebreaking; Taking of goods

Pleading: Roger Game states that on 26 October 1422, Richard Bryklis forcibly broke into his house in London and took goods worth 5m, namely a fur-lined gown and hood, against the peace and to his damage of 10m.

Pleading: RB, stating that the chattels were not of such great value as claimed, denies force and arms and being against the peace, and the whole of the trespass except the taking of the gown. Both parties place themselves on the country. And regarding the gown, he says RG should cease his action, since he states that Joan, wife of RG, on his orders, delivered the gown to him in the parish of St Margaret Lothbury, Coleman Street ward, London, and he then delivered it to James Elton and Nicholas Neuton for 13s 4d, which he then gave to Joan, to the profit of RG.

Pleading: RG repeats that RB forcibly took this gown from him, and that Joan did not deliver it to him, as he claims. Both parties seek enquiry on the country. Sheriff to have jury here at Michaelmas three weeks. Pledges named.

Postea text: 3 posteas, sheriff did not send writ, to octave of Michaelmas 1425.

Court of Common Pleas, CP 40/654, rot. 412

Term: Trinity 1424
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 20s
Case type: Bond

Pleading: John Tregillyowe, William Rychard and Martin Tregilliowe state that on 27 May 1422, John Arundell made bond with them in £10, but has not paid, to their damage of £20. They show the bond in court.

Pleading: John Arundell granted licence to imparl to octave of Michaelmas, with assent of plaintiffs.

Postea text: 2 further licences to imparl, to quindene of Easter 1425.

Postea text: Plaintiffs came, JA did not come. Ordered that plaintiffs recover their debt, and damages of 20s. JA amerced.

Court of Common Pleas, CP 40/654, rot. 412d

Term: Trinity 1424
County: Berkshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard Bourne states that on 16 August 1423, Gilbert Mason made bond with him in £34 14s 5d, but neither he nor his executors have paid, to his damage of £20. He shows the bond in court.

Pleading: Agnes, widow of Gilbert Mason, and John Machon, executors of Gilbert Mason, not being aware that this bond was made by GM, state that they never had administration of any goods formerly of GM, nor did they act as his executors.

Pleading: RB states that the AM and JM administered various goods as executors of GM in Abingdon. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: 6 posteas, sheriff did not send writ, to octave of Michaelmas 1426.