CP40/670: Trinity term 1428

Court of Common Pleas, CP 40/670, rot. 012

Term: Trinity 1428
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: Thomas son of William Bynorth claims that on 29/12/1426 Thomas Bynorth used force and arms to break his close at Stanwell, Middlesex, and take his goods and chattels to the value of £10. The goods taken were, namely: one brass jar; one brass plate; one basin; one laver; one cover; one tester; one pair of sheets; two blankets; one bed cover; one mattress (culcitram); and other household utensils. Damages are claimed £20.

Pleading: Thomas Bynorth says that he is innocent and puts himself upon the country, and Thomas son of William Bynorth puts himself likewise. Order to the sheriff of Middlesex to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 066d

Term: Trinity 1428
County: Surrey
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: William L. and John B. claim that Thomas B. ows them £8 19s by two bonds, both of which were made on 21/11/1427, one being due at the feast of the Purification 1428 and the other at Easter 1428. Damages are claimed at £10. Bonds shown in court. And upon this WL and JB say that the bonds were made at Southwark, Surrey.

Pleading: JD says that the force of the bonds ought not hold because at the time of their making he was imprisoned by WL, JB, and their associates at Stogursey, Somerset.

Pleading: WL and JB say that JD was a free man at the time of the bonds' making and seek inquiry upon the country, and JD seeks likewise. Order to the sheriff of Somerset to make a jury come in the quindene of St John the Baptist 1428. And upon this JD puts William H. in his place against WL and JB in this case.

Court of Common Pleas, CP 40/670, rot. 101

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: Agnes H. claims that John B. owes her 60s on a bond made on 04/12/1427 and due in Easter 1428 (04/04/1428). Damages are claimed at 100s. Bond shown in court. And upon this AH says that the bond was made at London etc.

Pleading: JB says that he ought not be held to the bond because; a certain Margaret I., on 16/01/1427 in the Guildhall of London before (pro) Robert A. then one of the sheriffs of London, was committed to the king's prison at the petition of AH concerning 60s which AH had recovered against MI before the same sheriff as damages in a case of trespass with force and arms at London. And, at the making of the aforesaid bond a conversation was had between AH and JB himself, to the effect that MI ought to be delivered from the king's prison. Namely, the condition regarding the making of the bond was that if MI should be delivered from the king's prison and pay AH the aforesaid 60s by Easter 1428, the bond should then be null and void. JB says that he is illiterate and that the bond was read to him at the time of its making, and that it was explained to him in English that the bond contained the condition aforesaid. JB says that if the bond does not contain the said condition it is not of his making and puts himself upon the country, and AH puts herself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. The bond is given to clerk Robert D. for safe keeping.

Case notes: related to CP40/670 rot.101d.

Court of Common Pleas, CP 40/670, rot. 101d

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Imprisonment

Pleading: Agnes H. claims that Ralph C. owes her 60s on a bond, made on 04/12/1427 and due at Easter 1428. Bond shown in court. And upon this AJ says that the bond was made at London etc. Damages are claimed at 100s.

Pleading: RC says that he ought not be held to the bond because; a certain Margaret I., on 16 January 1427, in the Guildhall of London before Robert A. then one of the sheriffs of London, was committed to the king's prison at the petition of AH concerning 60s which AH had recovered against MI before the same sheriff as damages in a case of trespass in London. And, at the making of the aforesaid bond an agreement was made between AH and RC himself, to the effect that MI ought to be delivered from the king's prison. Namely, the condition regarding the making of the bond was that if MI should be delivered from the king's prison and pay AH the aforesaid 60s by Easter 1428, the bond should then be null and void. JB says that he is illiterate and that the bond was read to him at the time of its making, and that it was explained to him in English that the bond contained the condition aforesaid. JB says that if the bond does not contain the said condition it is not of his making and puts himself upon the country, and AH puts herself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. The bond is given to clerk Robert D. for safe keeping.

Case notes: related to CP40/670 rot.101.

Court of Common Pleas, CP 40/670, rot. 108d

Term: Trinity 1428
County: Oxfordshire
Writ type: Debt (other)
Damages claimed: 10m
Case type: Contract (general); Debt

Pleading: Richard Leke states that at Michaelmas 1417 John Dewy placed himself in his household when he was manciple of a certain hall called 'Cornershall' in Oxford, paying 6d a week. JD remained with him for one year and 28 weeks, but has not paid him any money, which now amounts to 40s. Damages claimed at 10m.

Pleading: JD states that he does not owe RL this 40s or any money as claimed. Parties on country, jury here at octave of Michaelmas. Pledges named for defendant.

Postea text: RL came, JD did not come, in default. Jury in respite to quindene of Martinmas 1428, as jury did not come. On that day, sheriff did not send the writ, to octave of Hilary 1429

Postea text: Sheriff returns that the writ arrived too late, sicut pluries to quindene of Easter 1429.

Postea text: Sheriff of Oxfordshire returns that he delivered the writ to William Frankeleyn and John Walker, bailiffs of the liberty of the town of Oxford, but they did nothing. Order to sheriff to have jury here at the octave of Trinity, notwithstanding the liberty.

Postea text: Sheriff did not send writ, to quindene of Michaelmas 1429.

Court of Common Pleas, CP 40/670, rot. 109

Term: Trinity 1428
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Arbitration; Assault; Housebreaking; Taking of goods

Pleading: John Shadeworth, Thomas Wannyford, Reginald Malyns, John Vernay, and William Irwilliam claim that on 23/09/1426 William Strete, Simon Strete, and Reginald Strete used force and arms to break their close and houses at Northchurch, Hertfordshire, where they seized and carried off goods and chattels to the value of £40, and assaulted the plaintiffs' men and servants so that the plaintiffs were without the service of the same men and servants for one year. The goods taken were namely: 50 quarters of wheat; 40 quarters of barley; 40 quarters of peas; 40 quarters of oats; 40 cart-loads of hay; and one cart with all its apparatus. The men and servants assaulted were namely: John Gesse, Lewis Tyler, Geoffrey Powes, and John Dere. Damages claimed at £100.

Pleading: Concerning the use of force and arms, William Strete, Simon Strete, and Reginald Strete say that they are innocent and put themselves upon the country, and the plaintiffs put themselves likewise. William Strete, Simon Strete and Reginald Strete also protest that the goods involved were not of as great a value as claimed in the plaintiffs' writ. Concerning the remainder of the trespass William Strete, Simon Strete, and Reginald Strete say that the action against them ought not continue because after the day of the supposed trespass themselves and plaintiff John Vernay on behalf of the plaintiffs submitted to arbitration, namely on 17/11/1427 at Royston, Cambridgeshire, before arbiters John Turpyn and John Payne on the part of John Vernay of the plaintiffs, and arbiters John Aleyn and John Buffer on the part of the defendants. The defendants say that on 17/11/1427 arbitration was had concerning all disputes outstanding between the parties, and that the arbiters decided that William Strete, Simon Strete, and Reginald Strete ought to pay John Vernay 33s 4d in full satisfaction of all quarrels etc. William Strete, Simon Strete, and Reginald Strete say that they paid John Vernay this 33s 4d in accordance with the arbiters' decision and offer to verify this etc.

Pleading: Plaintiffs John Shadeworth, Thomas Wannyford, Reginald Malyns, John Vernay, and William Irwilliam say that John Vernay never submitted to arbitration with the defendants, and that no such arbitration occurred. John Shadeworth, Thomas Wannyford, Reginald Malyns, John Vernay, and William Irwilliam seek inquiry upon the country, and the defendants seek likewise. Order to the sheriff of Cambridgeshire to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 110

Term: Trinity 1428
County: Middlesex
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Richard atte Melle claims that Alexander R. owes him 44s arising from the sale of 130 pounds of tallow candles which AR bought but did not pay for. Damages are claimed at 40s.

Pleading: AR defends and seeks licence to imparl to the octave of Michaelmas 1428.

Postea text: 3 posteas - all further licences to imparl, forwarding the case as far as Michaelmas term 1429.

Court of Common Pleas, CP 40/670, rot. 112

Term: Trinity 1428
County: Surrey
Writ type: Trespass (against statute)
Damages claimed: -
Case type: Breach of Statute

Pleading: John Burell, citing certain articles of king Edward, ancestor of the present king, preventing the steward and marshal of the household from hearing cases of free tenement, debt, agreement, trespass or contract unless they relate to trespasses against the household or committed within the verge, or involve contracts or agreements made by members of the household within the household and not elsewhere, states that John Warant has impleaded him of a debt of 43s 4d before the steward and marshal of the household at Southwark, even though neither of them are members of the household, in contempt of the king and against the form of the ordinance. [no further pleading]

Court of Common Pleas, CP 40/670, rot. 113

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: Richard B. claims that on 'Monday in the first week of Lent in the [omitted] year of the present king' John P. used force and arms to assault RB's servant, Thomas C., so that RB was without TC's service for the half-year then next following the trespass. Damages are claimed at £10.

Pleading: JP says that he is innocent and puts himself upon the country, and RB puts himself likewise. Order to the sheriff of London to make a jury come at the quindene of St John the Baptist. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of London has done nothing, nor has he sent the writ, and so the sheriff is again ordered to make a jury come, in Michaelmas term 1428.

Postea text: postea 2 - the sheriff of London did not send the writ and so the case is forwarded as far as Hilary term 1429.

Court of Common Pleas, CP 40/670, rot. 115d

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Real action / rents / damage to real estate

Pleading: John W. claims that John E. owes him £40 per a bond. Damages are claimed at £40. Bond shown in court. And upon this JW says that the bond was made at London etc.

Pleading: JE defends and seeks licence to imparl as far as Michaelmas term 1428.

Pleading: [Further information drawn from CP40/671 rot.540 - Michaelmas 1428] JE says that the force of the bond ought not hold and presents to the court one part of an indenture between himself and 'JW Rector of Acton' on 16/11/1420. This indenture shows that JW demised at farm to JE the church and rectory of Acton, Middlesex, with tenths, oblations, and whatever profits of the same church and rectory, having and holding the said church and rectory and all gifts pertaining to the same etc. from the feast of the annunciation of St Mary 1421 (25/03/1421) as far as the end of four full years then next following (25/03/1425). In exchange, JE was to pay JW £10 per annum at the annual terms of the nativity of St John the Baptist, Michaelmas, Christmas, and the annunciation of St Mary, in equal portions. JE was also to find, at his own expense, an honest and faithful chaplain to celebrate mass at the church etc. for the whole term of the farm of the church and rectory; and cover all expenses of the church and rectory, including royal taxation. And, JE was to repair the church, and leave it in a good state at the end of the farm, but was not to fell any trees or lay waste to the church or rectory etc. During this period, if the farm should fall four days or more in arrears at any of the aforesaid terms JW retained the right to enter the property and make distraint for the arrears etc. Lastly, the indenture says that if JE should hold faithfully to all payments during the period of the farm, and hold to all the aforesaid conditions, then aforesaid £40 bond should be null and void at the end of the farm. JE says that he held to all the terms and conditions of the indenture well and faithfully, namely at Acton, and so says that the action against him on the related £40 ought not continue.

Pleading: JW says that JE did not hold to the terms of the indenture, failing to pay the £10 due in the feasts of the nativity of St John the Baptist (24/06/1424), Michaelmas (29/09/1423), Christmas (25/12/1423), and the annunciation of St Mary (25/03/1424) of regnal year 2 Henry VI. JW says that the £40 bond is therefore due.

Pleading: JE says that he paid the £10 due at the aforesaid terms according to the form of the indenture and puts himself upon the country, and JW puts himself likewise. Order to the sheriff (of Middlesex) to make a jury come in Hilary term 1429.

Postea text: 6 posteas - all say that the sheriff (of Middlesex) did not send the writ, forwarding the case as far as Trinity term 1430.

Case notes: Further information drawn from CP40/671 rot.540

Court of Common Pleas, CP 40/670, rot. 116d

Term: Trinity 1428
County: Middlesex
Writ type: Detinue
Damages claimed: 20m
Case type: Contract (general); Detention of goods; Safe keeping

Pleading: Richard Hautrive states that on 9 July 1427, at Westminster, he delivered certain documents to Andrew Spirlyng for safe-keeping. One of these documents recorded that Simon Streete and William Street were bound to RH in £10, payable at specified terms. The other, an indenture, reciting the terms of the bond, recorded that RH granted that if SS and WS should indemnify RH towards the king and any others concerning a sum of £10 which was adjudged to have been levied from RH's lands and tenements for one year by William Babyngton, CJCP, and his fellows, justices of assize in Buckinghamshire, at the assize held at Newport Pagnell last before the date of the documents, namely 22 February 1427, as RH had been summoned there in a certain jury in a case between Reginald Malyns, John Vernay, John Shadworth, William Erwilliam and Thomas Wandesworth, plaintiffs, and SS, WS and Reginald Streete, defendants, but did not appear when sworn, then the bond shall have no effect. However, despite his requests, AS has not returned this document to him, to his damage of 20m.

Pleading: AS, presenting the documents in court, to be delivered as the court orders, states that the documents were given to him as claimed by RH, SS and WS together, to be returned to either RH or SS and WS under certain conditions. However, AS says that he does not know whether these conditions have been implemented on the part of WS and SS, and asks that SS and WS be forewarned. This is granted, and order sent to the sheriff make it known to WS and SS to be here at the octave of Michaelmas, to show any reason why the documents should not be delivered to RH. Same day given to parties.

Postea text: Sheriff returns that SS and WS have nothing in his bailiwick. It is shown in court that SS and WS have sufficient in London, so sheriff of London to inform SS and WS to be here at the octave of Hilary 1429.

Postea text: RH comes in person, SS by attorney Thomas Cooke. Sheriff of London returns that he made it known to SS to be here, by Robert Falas and Thomas Thorndon. Sheriff of London also returns that WS has nothing in his bailiwick; however, it is shown to the court that WS does have sufficient in London, so further order to the sheriff to inform WS to be here at the quindene of St John the Baptist 1429.

Postea text: RH and AS come in person, SS by attorney, and WS by his attorney [name omitted]. Sheriff of London returns that he informed WS by John Selby and Richard Bruyn. Day given between all parties at the quindene of Michaelmas 1429.

Postea text: All parties come, further day given at octave of Hilary 1430.

Court of Common Pleas, CP 40/670, rot. 124

Term: Trinity 1428
County: Essex
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: John T. claims that Richard L. owes him 5m per a loan. Damages are claimed at 100s.

Pleading: RL says that he does not owe JT the aforesaid 5m nor any other monies and offers his law (same term as pleadings).

Postea text: RL makes his law and so is without day. JL is in mercy for false claim.

Court of Common Pleas, CP 40/670, rot. 128d

Term: Trinity 1428
County: Essex
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: John B. claims that John S. owes him £30 per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: JS says that the force of the bond ought not hold because at the time of its making he was imprisoned by JB and others of his coven at Margaretting, Essex.

Pleading: JB says that JS was a free man at the time of the bond's making and seeks inquiry upon the country, and JS seeks likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 134

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John W. claims that Adam V. owes him £6 per a bond. Damages are claimed at £10. Bond shown in court.

Pleading: AV says that the bond is not of his making and puts himself upon the country, and JW puts himself likewise. Order to the sheriff of London to make a jury come in the octave of St John the Baptist 1428 (late in Trinity term 1428).

Postea text: postea 1 - continuance between the parties as far as Easter term 1429.

Postea text: postea 2 - defendant AV does not come and so a jury is to be taken against him by default. The jury is placed in respite as far as Trinity term 1429, unless the case is heard before chief justice William B. at the assize of St Martin le Grand on 26/05/1429.

Case notes: related to similar entry on other side of same membrane.

Court of Common Pleas, CP 40/670, rot. 134d

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: John W. claims that Adam V. owes him £6 per a bond. Damages are claimed at 100s. Bond shown in court.

Pleading: AV says that the bond is not of his making and puts himself upon the country, and JW puts himself likewise. Order to the sheriff of London to make a jury come in the octave of St John the Baptist 1428 (late in Trinity term 1428).

Postea text: postea 1 - continuance between the parties as far as Easter term 1429.

Postea text: postea 2 - defendant AV does not come and so a jury is to be taken against him by default. The jury is placed in respite as far as Trinity term 1429, unless the case is heard before chief justice William B. at the assize of St Martin le Grand on 26/05/1429.

Case notes: related to similar entry on other side of same membrane.

Court of Common Pleas, CP 40/670, rot. 135

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: John H. claims that on 10/09/1427, 20/10/1427, 12/12/1427, 06/01/1428, and 04/02/1428 Richard S. used force and arms to break his close and houses in London, and on the said 10/09/1427 seized and carried off his goods and chattels to the value of £20. The goods taken were namely: one lock and one key, gold (unam seram et unam clavem aureas); two iron keys; two kerchiefs; and other linen cloths. Damages are claimed at £20.

Pleading: RS says that he is innocent and puts himself upon the country, and JH puts himself likewise. Order to the sheriff of London to make a jury come in the octave of St John the Baptist 1428 (late in Michaelmas term 1428). Pledges are named for the defendant.

Court of Common Pleas, CP 40/670, rot. 135d

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: John H. claims that on 06/12/1427 William W. used force and arms to break his close in London, seizing and carrying off goods and chattels to the value of 40s. The goods taken were namely 4 books and 2 iron keys. Damages are claimed at £20.

Pleading: WW says that he is innocent and puts himself upon the country, and JH puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant.

Court of Common Pleas, CP 40/670, rot. 138

Term: Trinity 1428
County: Berkshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Safe keeping; Sale of goods; Taking of goods

Pleading: Thomas Dufhous states that on 27 March 1426, at Old Windsor, Richard Petham and his wife Margaret forcibly took and carried away 2 horses, 6 oxen, a cow and 2 bullocks worth £12, and other goods worth £10, and also threatened his tenants so greatly that they withdrew their rents and services from that day until the day of TD's original writ, namely 24 September 1427. The goods taken were namely one felt cover ('fultrum'), 4 blankets, 4 pair of sheets, two covers, 3 gowns, 4 brass jars, 4 brass plates, one brass cooking pot, a dozen latten vessels with all their apparatus, one hoe, one dung fork, one spade, one plough, one harrow, two carts with all their apparatus, 12 quarters of wheat, 6 quarters of oats, 12 quarters of barley, 6 quarters of beans, 6 quarters of peas, two casks of beer, and other household utensils. The tenants threatened were namely John Heyward, who held a messuage with appurtenances in Windsor by fealty and a rent of 30s, and Walter Stevenson., who held a messuage with appurtenances in Windsor by fealty and a rent of 30s, payable at Easter and Michaelmas, at the will of TD. Damages claimed at £40.

Pleading: RP and MP deny force and arms, and the whole trespass except the taking of the horses, the oxen, the cow and one of the bullocks. Parties on country. Concerning the taking of the horses, oxen, cow and the one bullock, they state that TD ought not have his action, as at the time of the alleged trespass and beforehand these animals were the property of RP, and before that time he had delivered them to a certain Clement Yerdeley for safe keeping, to be returned on request. However, CY, when in possession of these animals, had granted all his goods and chattels to TD, and TD, believing these animals to have belonged to CY, took them into his possession. Therefore RP and MP, as seemed right, took them back into their possession at the time of the alleged trespass.

Pleading: TD, not acknowledging anything said by the defendants, states that long before RP had any interest in the animals, they belonged to Margaret, when she was a single woman. Margaret wished to sell them, and CY, who had lately married Margaret's daughter, Juliana, bought these animals and other goods in Old Windsor for £8 5s 3d. CY,was thus seised of these animals, and he then granted them to TD, who was thus seised of them until RP married MP, and claimed them by virtue of this marriage, contrary to the earlier gift.

Pleading: RM and MP state that the animals were the property of RP at the time of the said trespass, and MP did not sell them to CY when she was a single woman.

Pleading: TD repeats that MP sold the beasts to CY when she was a single woman. Enquiry by country, jury here at octave of Michaelmas.

Postea text: Sheriff did not send writ, to octave of Hilary 1429.

Postea text: Process continued, jury in respite to Easter three weeks 1429. On this day, parties came in person, but RP and MP say that the writ to summon the jury has not been properly executed. The sheriff returned a panel which began with the name of Richard Coterell and ended with Thomas Kyngeston, but between them the name of John Bataill appeared twice, along with eight other jurors. JB was thus named twice in the same panel, and having viewed this, it appears that this is the case. TD agreed that this was one person, and so the panel was removed. Therefore the sheriff, Robert James, was amerced 6s 8d for insufficient return. Jury in respite to Easter five weeks for default of jury.

Court of Common Pleas, CP 40/670, rot. 138d

Term: Trinity 1428
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 53s 4d
Case type: Loan; Sale of goods

Pleading: John G. claims that Thomas H. owes him 40s. JG says that on 12/10/1423, at London, he sold TH a certain horse for 30s, and loaned TH 10s, for a total of 40s due to be paid to JG in Christmas 1423 (25/12/1423). JG says that although he has often requested payment TH has not paid etc. Damages are claimed at 100s.

Pleading: TH says that he does not owe JG the aforesaid 40s nor any other monies and puts himself upon the country, and JG puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant.

Postea text: postea 1 - continuance between the parties as far as Hilary term 1429 unless the case is heard before chief justice William B. at the assize of St Martin le Grand on 06/12/1428.

Postea text: postea 2 - to this day (Hilary 1429) come TH and JG, and insert a record of the case as heard at the assize of St Martin le Grand on 06/12/1428 before chief justice WB and associate justice John D. To the assize aforesaid, plaintiff JG came but defendant TH did not come, and so a jury was taken against TH by default. Thus, the assize jury found that TH does indeed owe JG 33s 4d of the aforesaid 40s. However, the jury also found that TH does not owe JG the other 6s 8d of the aforesaid 40s claimed. Therefore the jury decided that JG ought to recover the aforesaid 33s 4d plus damages of 53s 4d, and that the same JG is in mercy for false claim concerning the other 6s 8d. Regarding 6s 8d, TH is without day.

Court of Common Pleas, CP 40/670, rot. 147

Term: Trinity 1428
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Richard M. claims that John E. owes him £10 per a loan. Damages are claimed at 100s.

Pleading: JE defends and seeks licence to imparl as far as the octave of St John the Baptist 1428 (late in Trinity term 1428).

Court of Common Pleas, CP 40/670, rot. 147

Term: Trinity 1428
County: London
Writ type: Debt (account)
Damages claimed: 6m
Case type: Reckoning of account

Pleading: John S. claims that William A. owes him 10m as determined by a reckoning of the account between them before JS himself, concerning diverse sums of monies received of JS etc. JS says that this accounting showed WA to be in arrears and clear debt to JS for the aforesaid 10m. Damages are claimed at 6m.

Pleading: WA says that he does not owe JS the aforesaid 10m nor any other monies and offers his law, to be made in the octave of St John the Baptist 1428 (late in Trinity term 1428). Pledges of law are named, as well as pledges of future appearance.

Postea text: postea 1 - WA makes his law and so is without day. JS is in mercy for false claim.

Court of Common Pleas, CP 40/670, rot. 147d

Term: Trinity 1428
County: London
Writ type: Debt (other)
Damages claimed: 40s
Case type: Real action / rents / damage to real estate

Pleading: John T. claims that John E. owes him 40s arising from an agreement whereby; on 12/10/1417 JT demised one room to JE within the parish of St Nicholas Olave, Queenhithe ward, London for one full year commencing Christmas 1417 (25/12/1417), in exchange for which JE was to pay JT 40s. JT ways that JE has never paid him this 40s and thus the present suit. Damages are claimed at 40s.

Pleading: JE says that JT never demised the aforesaid room to him and puts himself upon the country, and JT puts himself likewise. Order to the sheriff of London to make a jury come in Michaelams term 1428. Pledges are named for the defendant.

Court of Common Pleas, CP 40/670, rot. 147d

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Damages awarded: 60s
Costs: 40s
Case type: Abduction

Pleading: John W. claims that on 08/09/1425 Nicholas C. used force and arms to abduct his servant, Robert W., at London, so that JW was without RW's service for one and one-quarter years next following the said trespass to JW's loss of £10. Damages are claimed at £20.

Pleading: NC says that he is innocent and puts himself upon the country, and JW puts himself likewise. Order to the sheriff of London to make a jury come in the octave of Michaelmas term 1428.

Postea text: postea 1 - the jury is placed in respite as far as Michaelmas in one month 1428.

Postea text: postea 2 - Defendant NC does not come and so a jury is to be taken against him by default. The jury has been placed in respite as far as the octave of Martinmas 1428 (late in Michaelmas term 1428), unless the case is first heard before chief justice William B. at the assize of St Martin le Grand on 12/11/1428.

Postea text: postea 3 - in the octave of Martinmas 1428 JW presents to this court a record of the case as heard at the assize of St Martin le Grand on 12/11/1428 before chief justice WB and associate justice John D. At that assize the jury decided against NC, in default, that NC is to blame for the aforesaid trespass, just as claimed by JW. Therefore JW is to recover damages of 60s plus costs of 40s.

Postea text: postea 4 - 12/07/1429, JW and NC come before the court in their own persons and JW acknowledges satisfaction concerning the aforesaid damages. And upon the NC seeks to make fine to be admitted to the peace of the king. NC is so admitted for a fine of 2s, per the pledges of William G. and John G.

Court of Common Pleas, CP 40/670, rot. 173d

Term: Trinity 1428
County: Surrey
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John N. and Thomas R. claim that Walter S. owes them £16 18s 4d as the unpaid residue of a £16 18d 8d bond. JN and TR acknowledge payment concerning the other 4d of the aforesaid bond. Damages are claimed at £20. Bond shown in court. And upon this JN and TR say that the bond was made at Southwark, Surrey.

Pleading: WS says that the bond is not of his making and puts himself upon the country, and the plaintiffs, JN and TR, put themselves likewise. Order to the sheriff of Surrey to make a jury come in the octave of St John the Baptist 1428 (late in Trinity term 1428). Pledges are named for the defendant. The bond is given to clerk Robert D. for safe keeping.

Court of Common Pleas, CP 40/670, rot. 213

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction

Pleading: William D. claims that on 25/03/1427 at London Richard B. and wife Isabel B. used force and arms to abduct his servant, John N., so that WD was without JN's service from the day of the trespass as far as the day of the making of WD's original writ on 01/06/1428, to WD's loss of £20. Damages are claimed at £20.

Pleading: RB and IB say that they are innocent and put themselves upon the country, and WD puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428.

Postea text: 4 posteas - all say that the sheriff of London did not send the writ, forwarding the case as far as Michaelmas term 1429.

Court of Common Pleas, CP 40/670, rot. 213

Term: Trinity 1428
County: Middlesex
Writ type: Detinue
Damages claimed: £30
Case type: Detention of goods; Safe keeping

Pleading: William S. claims that Matthew H. unjustly detains a certain bond by which WS obliged himself to a certain William C. in £20 payable at certain terms within written. WS says that he gave this bond to MH for safekeeping at Westminster, Middlesex, on 15/03/1428 and that MH now refuses to return it. Damages are claimed at £30.

Pleading: MH presents this bond to the court and says that he is ready to deliver it with the court's decision. However MH says that the bond was given to him with the mutual assent of WS and WC, to be returned to WS or WC only under certain conditions. MH says that he is ignorant, on the part of WC, as to whether these conditions have been met, and seeks that WC be forewarned of the bond's delivery etc. Therefore, the decision is that the sheriff of Middlesex is to make it known to WC by good and honest men etc. to be to this court in Michaelmas term 1428 if he wishes to object to WS having livery of the said bond. Day is given between MH and WS in the same term.

Court of Common Pleas, CP 40/670, rot. 245d

Term: Trinity 1428
County: Herefordshire
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John D. claims that William B. owes him £7 10s 1d arising from the sale of 3 bales of woad which WB bought from JD at St Albans, Hertfordshire, on 14/10/1427 but never paid for. Damages are claimed at 100s.

Pleading: 'WB, by his attorney Thomas H., defends the force and tort whence etc.' [entry ends here]

Court of Common Pleas, CP 40/670, rot. 307d

Term: Trinity 1428
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Richard Archebold states that on 14 September 1422, in London, John S bought from him 100 ells of linen cloth called 'Brabant cloth', 100 ells of linen cloth called 'Flemish cloth', 60 ells of linen cloth called 'Champagne cloth', and kerchiefs, namely 6 ells of lawne, 4 ells of umple, and 6 ells of pleasance, all for £14, payable at the feast of the Purification then next. However, JS has not paid, to his damages of £20.

Pleading: JS says that RA ought not maintain his action, as after the time of the sale, namely in London on 5 May 1428, RA issued him a release from all personal actions. JS presents this release to the court.

Pleading: RA says that he cannot deny the validity of the release, and so JS is sent without day. RA amerced for false claim.

Court of Common Pleas, CP 40/670, rot. 313

Term: Trinity 1428
County: London
Writ type: Debt (other)
Damages claimed: -
Case type: Debt

Pleading: Richard Coumbe was summoned to answer Thomas Hardyng on a plea that he render to him 50s which he owes and unjustly detains. TH and RC come in person, day given at the octave of Michaelmas.

Court of Common Pleas, CP 40/670, rot. 315d

Term: Trinity 1428
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: Thomas B. claims that William C. unjustly detains a certain bond showing that Thomas N. is held to the same TB in £40, to be paid to TB in the feast of the Pentecost 1428 (23/05/1428). TB says that he gave this bond to WC for safe keeping on 20/05/1428 and that WC now refuses to return it. Damages are claimed at £40.

Pleading: WC presents the bond to the court and says that he is prepared to deliver it with the court's decision. However, he says that the bond was given to him with the mutual assent of TB and TN, only to be returned either TB or TN under certain conditions. WC says that he is ignorant, on the part of TN, as to whether those conditions have been met, and asks that TN be forewarned of the bond's delivery. Therefore, the sheriff of London is ordered to make it known to WC, by good and honest men, that he is to be to this court in Michaelmas term 1428 if he wishes to object to Tb having livery of the bond. Day is given between WC and TB in the term aforesaid.

Court of Common Pleas, CP 40/670, rot. 316

Term: Trinity 1428
County: Wiltshire
Writ type: Debt (bond)
Damages claimed: 600m
Case type: Bond; Imprisonment

Pleading: Thomas I. is in mercy for many defaults. William W. and John W. claim that Thomas I. owes them 500m on a bond. Damages are claimed at 600m. Bond shown in court. And upon this WW and JW say that the bond was made at Hindon, Wiltshire.

Pleading: TI says that he ought not be held to the bond because at the time of its making he was imprisoned by JW, WW, and others of heir coven at Burford, Oxfordshire.

Pleading: WW and JW say that TI was a free man at the time of the bond's making and seek inquiry upon the country, and TI seeks likewise. Order to the sheriff of Oxfordshire to make a jury come in Michaelmas term 1428.

Postea text: postea 1 - the sheriff of Oxfordshire did not send he writ and so the case is forwarded as far as Hilary term 1429.

Postea text: postea 2 - continuance between the parties as far as trinity term 1429.

Postea text: postea 3 - defendant TI does not come and so a jury is to be taken against him by default. The jury likewise does not come and so is placed in respite as far as Michaelmas term 1429, unless the it is first heard before the assize of Oxford on 21/07/1429.

Court of Common Pleas, CP 40/670, rot. 318d

Term: Trinity 1428
County: London
Writ type: Debt (loan)
Damages claimed: 20m
Case type: Loan

Pleading: John C. claims that William R. owes him £14 as the unpaid residue of a £42 loan. JC says that he loaned this money to WR on 30/09/1426, to be repaid upon request, and although JC has often requested it WR has not repaid £14 of the aforesaid £42. Damages are claimed at 20m.

Pleading: WR defends and seeks licence to imparl as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 320d

Term: Trinity 1428
County: Surrey
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: William F. claims that William B. owes him £7 3s 4d per a bond. Bond shown in court. Damages are claimed at 10m. And upon this WF says that the bond was made at Southwark, Surrey.

Pleading: William F. says that the force of the bond ought not hold because at the time of its making he was imprisoned by WF and others of his coven at Southwark, Surrey.

Pleading: WF says that WB was a free man at the time of the bond's making and seeks inquiry up the country, and WB seeks likewise.Order to the sheriff of Surrey to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 323

Term: Trinity 1428
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault; Housebreaking

Pleading: Robert Derlyng claims that on 20/03/1426 William Knyght used force and arms to break his close at Southwark, Surrey, and assault his servant Richard Derlyng, so that Robert Derlyng was without Richard Derlyng's service for one month next following the said trespass. Damages are claimed at £10.

Pleading: William Knyght says that he is innocent and puts himself upon the country, and Robert Derlyng puts himself likewise. Order to the sheriff of Surrey to make a jury come in the octave of Michaelmas term 1428. And upon this William Knyght puts (attorney) John Waleys in his place versus Robert Derlyng concerning this case.

Postea text: postea 1 - the sheriff of Surrey does not send the writ and so the case is forwarded as far as Michaelmas term in one month 1428.

Court of Common Pleas, CP 40/670, rot. 326

Term: Trinity 1428
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: John S. claims that on 10/06/1426 he delivered to Robert B. and Walter F., for safe keeping, a bond showing that a certain John L. is held to him in £10 payable at certain terms within written. JS says that RB and WF now unjustly detain this bond, refusing to return it. Damages are claimed at £20.

Pleading: RB and WF present the bond to the court and say that they are prepared to deliver it with the court's decision. However, they say that the bond was given to them with the mutual assent of JS and JL, under the understanding that it would be returned to JS or JL only under certain conditions. RB and WF says that they are ignorant, on the part of JL, as to whether these conditions have been met, and seeks that JL be forewarned of the bond's delivery. Therefore the sheriff of London is ordered to make it known to JL by good and honest men that he is to come before this court in Michaelmas term 1428 if he wished to object to JS having livery of the bond etc. Day is given between plaintiff JS and defendants RB and WF in the term aforesaid.

Postea text: postea 1 - the sheriff of London did not send the writ and so the case is forwarded as far as Hilary term 1429.

Court of Common Pleas, CP 40/670, rot. 326

Term: Trinity 1428
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Imprisonment; Loan

Pleading: John H. claims that William F. owes him £31 7s arising from an unpaid £11 bond and an unpaid £20 7s loan. JH says that both the bond and loan were made on 29/01/1425 at London in the 'parish of St Stephen, Candlewick ward', and both due in Christmas 1425 (25/12/1425). Damages are claimed at £20. Bond shown to the court.

Pleading: WF defends and seeks licence to imparl as far as Michaelmas term 1428. Pledges are named for the defendant.

Pleading: [Further information drawn from CP40/671 rot.686d. - Michaelmas 1428] Concerning the supposed £20 7s loan WF says that he does not owe JH these or any other monies and puts himself upon the country, and WF puts himself likewise. Concerning the £11 bond, WF says that he ought not be held to this bond because at the time of its making he was imprisoned by JH and others of his coven at Salisbury, Wiltshire.

Pleading: JH says that WF was a free man at the time of the bond's making and seeks inquiry upon the country, and WF seeks likewise. Order to the sheriff of London to make a jury come in Hilary term 1429 concerning the supposed £20 7s loan. And, order to the sheriff of Wiltshire to make a jury come in the same term concerning the £11 bond. New pledges are named for the defendant.

Case notes: further information drawn from CP40/671 rot.686d.; damages are claimed at £30 on CP40/671

Court of Common Pleas, CP 40/670, rot. 326d

Term: Trinity 1428
County: London
Writ type: Debt (loan)
Damages claimed: 40s.
Case type: Loan

Pleading: William D. claims that John W. owes him 6m per a loan. Damages are claimed at 40s.

Pleading: JW says that he does not owe WD the aforesaid 6m nor any other monies and offers his law, to be made in Michaelmas term 1428. Pledges of law are named, as well as pledges of future appearance.

Court of Common Pleas, CP 40/670, rot. 390

Term: Trinity 1428
County: Surrey
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Robert H. and John C. claim that Robert A. owes them 40s arising from the sale of 10 cart-loads of timber which RA bought but never paid for. Damages are claimed at £10.

Pleading: RA says that he does not owe RH and JC the aforesaid 40s nor any other monies and offers his law, to be made in Michaelmas term 1428. Pledges of law are named. And it is decided that RA's attorney, Thomas P., is to have his master here to make his law in the term aforesaid.

Postea text: postea 1 - RA makes essoin and so the case is forwarded as far as the octave of Hilary term 1429.

Postea text: postea 2 - RH and JC make essoin and so the case is forwarded as far as the octave of the Purification of St Mary 1429 (late in Hilary term 1429).

Postea text: postea 3 - defendant RA comes in his own person but defendants RH and JC do not come. Therefore, RH, JC, and their pledges of the prosecution are in mercy etc.

Court of Common Pleas, CP 40/670, rot. 411d

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas D. claims that Richard F. and his wife Alice F., herself being administrator and lately wife of John B. who died intestate, owe him 103s 4d on a bond that was made between the TD himself and the late JB. TD says that this bond was made in London on 14/09/1424 and due in Michaelmas 1424 (29/09/1424), but was not paid by the late JB, nor was it paid by JB's widow AF who was granted administration of the goods and chattels of the late JB by master William E., commissary of bishop of London John K. at London in the parish of St Botolph (without Aldersgate) in the ward of Aldersgate while a single woman, nor has it been paid by AF since her marriage to RF. Damages are claimed at £10. The bond is presented to the court. And upon this TD says that the bond was made in the parish and ward aforesaid.

Pleading: RF and AF defend, and say that AF was never granted administration of the goods and chattels of the late JB and put themselves upon the country, and TD puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant.

Postea text: 8 posteas - all say that the sheriff of London did not send the writ, forwarding the case as far as Michaelmas term 1430.

Court of Common Pleas, CP 40/670, rot. 415d

Term: Trinity 1428
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £100
Case type: Bond; Sale of goods

Pleading: John F. claims that William R., executor of the will of John A., similar with co-executor John B., co-executor Eleanor P. formerly the wife of JA, and EA's present husband Richard P. owe him £96 13s 4d, by way of executry of the late JA. JF says that on 17/06/1415 the late JA obliged himself, his heirs, his executors, and all of his (sua) goods and chattels to JF in 100m per a bond, due in Michaelmas 1415. JF also says that on 07/04/1416 at London in the parish of St Mary Somerset, Queenhithe ward, the late JA bought from him diverse pieces of woollen cloth of diverse colours for £30 due in Easter 1416 (19/09/1416). JF says that although he aforesaid £96 13s 4d he has not been paid etc. and claims damages of £100. Bond shown in court. And upon this JF says that the bond was made in the parish and ward aforesaid.

Pleading: WR says that JF's plea concerning the aforesaid £30 sale of goods, of the aforesaid £96 13s 4d, is insufficient because it separates nothing (nichil separalitatis - lacks an itemized list of the goods bought by the late JA). Thus WR says that according to the law of the land he does not have to answer JF's writ.

Pleading: JF says that his plea was sufficient concerning the aforesaid £30 sale of goods and seeks judgement. The decision of the court concerning this £30 is that the plea is insufficient and so JF is to have nothing for his writ, and is in mercy for false claim.

Pleading: Concerning the 100m bond, defendant WR says that a certain William W. also administered some of the goods and chattels of the late JA at Arundel, Sussex, as an executor. And this same WW, though alive and well, is not mentioned in WR's writ. Therefore WR seeks judgement on the writ.

Pleading: JF says that WW never administered any of the goods and chattels of the late JA as executor of the will of JA and seeks inquiry upon the country, and WR seeks likewise. Order to the sheriff of Sussex to make a jury come in Michaelmas term 1428. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of Sussex did not send the writ and so the case is forwarded as far as Hilary term 1429.

Postea text: postea 2 - the sheriff of Sussex did not send the writ and so the case is forwarded as far as Easter term 1429.

Court of Common Pleas, CP 40/670, rot. 418d

Term: Trinity 1428
County: Northamptonshire
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: John K. claims that Nicholas L. has not rendered reasonable account concerning the time when NL acted as JK's reciever of monies. JK claims that NL acted as his receiver of monies for two years next following Michaelmas 1424 (29/09/1424), during which time NL received on his behalf: £64 per the hands of a certain John H. at Southwick, Northamptonshire; £42 14s 4d per the hands of a certain John M.; 6s 8d per the hands of a certain John F.; and £18 per the hands of a certain William W. Damages are claimed at £20.

Pleading: NL defends and seeks licence to imparl as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 418d

Term: Trinity 1428
County: Middlesex
Writ type: Debt (other)
Damages claimed: 100s
Case type: Real action / rents / damage to real estate

Pleading: John T. and William P. claims that John P. and John B. owe them 40s. JT and WP say that on Easter 1420 (07/04/1420) they demised to JP and JO two messuages and 4 acres of land in Sundon, Bedfordshire for and annual rent of 6s 8d due at the feasts of Michaelmas and Easter in equal portions. JT and WP say that though JP and JB had and held the same aforesaid messuages and land for six years, from Easter 1420 then next following they did not pay the aforesaid rent and so are in arrears of 40s, and thus the aforesaid suit. Damages are claimed at 100s.

Pleading: JP and JB defend and seek licence to imparl as far as Michaelmas term 1428. Pledges are named for the defendant.

Court of Common Pleas, CP 40/670, rot. 421d

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Benedict H. claims that William T. and his wife Joan T, administrators of the goods and chattels of the late Roger Upton who died intestate, owe him £8 17s by way of 4 bonds made between BH himself, and the late RU. BH says that he made all four of these bonds with the late RU at London in the parish of St Christopher le Stocks, Cornhill ward, on 26/05/1417, and their amounts and due dates were namely: one bond in 40s due in the vigil of Trinity 1417 (05/06/1417); one bond in 40s due in Michaelmas 1417 (29/09/1417); one bond in 20s due in Martinmas 1717 (11/11/1417); and one bond in £3 17s due in Easter 1418 (27/03/1418). RU says that this £8 17s was not paid by the late RU, nor has it been paid by WT and JT since they were given administration of the goods and chattels of RU by John E., commissary general of the archbishop of Canterbury Henry C., at London in the parish and ward aforesaid. Damages are claimed at £20. The bonds are presented to the court.

Pleading: WT and JT say that they were not granted administration of the goods and chattels of the late RU and put themselves upon the country, and BH puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 456d

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: 40s
Case type: Taking of goods

Pleading: William G. claims that on 14/07/1427 Simon M., John S., and Thomas F., together with John G. and John R., used force and arms to seize and carry off his goods at Newington, Surrey, to the value of 40s. The goods taken were namely: 3 pair of sheets; 3 pounds of thread; one blue outer-garment (togam); and one black cloak (capicum). Damages are claimed at 40s.

Pleading: SM, JS, and TF say that they are innocent and put themselves upon the country, and WG puts himself likewise. Order to the sheriff of Surrey to make a jury come in Michaelmas term 1428. Pledges are named for the defendant. The same day has been given to JG with the assent of plaintiff WG.

Postea text: 2 posteas - both say that the sheriff of Surrey did not send the writ, and that JG is given day in the following term, forwarding the case as far as Easter tem 1429.

Court of Common Pleas, CP 40/670, rot. 456d

Term: Trinity 1428
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Real action / rents / damage to real estate

Pleading: William S., executor of the will of Thomas M., claims that John F. master of the Hospital of St Katherine by the Tower, London, owes him £17 6s 8d arrears of rents. WS says that the late TM, by way of a certain writing which WS presents to the court, was on 13/02/1425 in the chapter house of the hospital granted an annual rent of £10 for the term of his life by the previous master of the Hospital of St Katherine by the Tower Robert R., payable to the late TM at in equal portions at the nativity of St John the Baptist, Michaelmas, Christmas, and the annunciation of St Mary. WS says that this agreement also gave the late TM the right to make distraint should the annuity fall into arrears. WS says that the late TM was also, by the same writing, placed in possession of an annual rent of 12d as a parcel of the aforesaid £10 annual rent. Of this £10 annual rent, 46s 8d concerning the term of Michaelmas 1426; £7 10s concerning the terms of Christmas 1426, the annunciation of St Mary 1427, and the nativity of St John 1427; and £7 10s concerning the terms of Michaelmas 1427, Christmas 1427, and the annunciation of St Mary 1428; were in arrears during the life of TM, which arrears totals to exactly £17 6s 8d. Damages are claimed at £20.

Pleading: Master of the hospital, JF, defends and seeks ,licence to imparl as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 460d

Term: Trinity 1428
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: John E. claims that William A. owes him 40s per a loan. Damages are claimed at 100s.

Pleading: WA says that he does not owe JE the aforesaid 40s and outs himself upon the country, and JE puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 478

Term: Trinity 1428
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Housebreaking; Real action / rents / damage to real estate

Pleading: John B. claims that on 24/06/1426 Lucy C. used force and arms to break his close at Stepney, Middlesex, where she assaulted him and threatened his life and limbs so that he feared to go about his business for two weeks next following the trespass. Damages are claimed at £20.

Pleading: Concerning the use of force and arms, and also the whole of the aforesaid trespass, LC says that she is innocent and puts herself upon the country, and JB puts himself likewise. LC also says that JB ought not have his action against her because the aforesaid close, at the time of the supposed trespass, was her own soil and free tenement which she entered with good licence.

Pleading: JB says that his action ought not be excluded because the aforesaid close his he own soil and free tenement, and not that of LC. Concerning this, JB seeks inquiry upon the country, and LC seeks likewise.

Court of Common Pleas, CP 40/670, rot. 478d

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Taking of goods

Pleading: John R. claims that on 10/06/1423 William Newebury, together with John P., used force and arms to seize and carry off his goods and chattels at London to the value of £20. The goods and chattels taken were namely: one bed (lectum) of blue tappiser-work; one bed-cover of red worsted; one bed-cover of green worsted; one feather bed; one brass jar; one forcer; 8 silver rings; one black silk girdle bound with silver; 2 silver necklaces; two ounces of broken silver; 4 pair of sheets; one iron dish; 2 andirons; three candlesticks, one iron brazier; one iron frying pan; one iron tripod; 4 brass plates; half a dozen decorated latten vessels; three red worsted bankers; 6 silver spoons; one sanguine-coloured hood; and one pair of bottles. Damages are claimed at 20m.

Pleading: WN says that JR ought not continue the action against him, because after the time of the supposed trespass JR issued him a release from all actions etc. by the name of William Newebury fuller of Southwark, Surrey.

Pleading: JR says that the release is not of his making and seeks inquiry upon the country, and WN seeks likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant. The release is given to chief clerk Robert D. for safe keeping.

Court of Common Pleas, CP 40/670, rot. 479d

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Abduction; Housebreaking

Pleading: John S. claims that on 03/01/1427 Ralph L., together with Thomas S., used force and arms to break his house at London, where they abducted his servant, Richard B., so that JS with without the service of RB from the day of the trespass as far as Easter 1427 (20/04/1427). Damages are claimed at 10m.

Pleading: RL says that he is innocent and puts himself upon the country, and JS puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 489

Term: Trinity 1428
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Damages awarded: 3s 4d
Costs: 33s 4d
Case type: Assault; Taking of goods

Pleading: William T. claims that in the feast of Corpus Christi 1427 (19/09/1427)Thomas S. assaulted him with force and arms, and robbed him of 8m case money at London. Damages are claimed 8m.

Pleading: TS says that he is innocent and puts himself upon the country, and WT puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1428. Pledges are named for the defendant.

Postea text: postea 1 - continuance between the parties as far as the octave of St John the Baptist 1429 (late in Trinity term 1429), unless the case is first heard before chief justice William B. at the assize of St Martin le Grand on 14/06/1429.

Postea text: postea 2 - To this day (the octave of St John t he Baptist 1429) come WT and inserts a record of the case as heard before chief justice WB and associate justice John D. at the assize of St Martin le Grand on 14/06/1429. To this assize came plaintiff WT, defendant TS, and a jury of the country. And the jury said that TS was guilty of assaulting WT, just as charged. For the assault, the jury awarded WT damages of 3s 4d plus 26s 8d for costs. However, the same jury found TS innocent of the theft of 8m. Therefore, WT is in mercy for false claim concerning the supposed theft. Upon this WT asked the justices to increase his award for costs concerning the assault, and the justices awarded WT an additional 6s 8d for costs. Therefore WT was to recover a total of 36s 8d.

Court of Common Pleas, CP 40/670, rot. 489d

Term: Trinity 1428
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Christina N., widow and executor of Alan N., is in mercy for many defaults. John H., executor of the will of Thomas C., claims that CN, as executor of AN, owes him 10m, on a bond made between the late AN on one part, and the late TC on the other part. JH presents this bond to the court. Damages are claimed at 10m. And upon this JH says that the bond was made at Enfield, Middlesex.

Pleading: CN defends, and seeks licence to imparl as far as Michaelmas term 1428.

Court of Common Pleas, CP 40/670, rot. 495

Term: Trinity 1428
County: Middlesex
Writ type: Debt (other)
Damages claimed: £40
Case type: Debt

Pleading: Thomas Acton was summoned to answer Roger Jordan, prior of the hospital of St Mary without Bishopsgate, on a plea that he render 10m which he owes and unjustly detains. Prior Roger comes by attorney, TA in person, day given at the octave of Michaelmas.

Pleading: [continued at Michaelmas 1428, rot 123] Prior RJ states that by a certain indenture between the former prior Roger Pynchebek on the one part, and John Shawe and his wife Anne on the other part, made in the chapter house of the hospital in Shoreditch on the feast of the Holy Innocents 1409, the then prior RP and the convent demised at farm to JS and AS, their heirs and assigns, all of those newly-built tenements lately held by John Orwell in 'le Sistrencrofte' in the parish of Shoreditch next to the king's highway, which tenements stretch lengthwise along the king's highway from the tenement lately of Alice Grey in the parish of Shoreditch as far as a water-ditch running to 'le Sistrencrofte' on the king's highway on the northern part of the great grange of the late prior and convent, and stretching in width 100 feet from the king's highway, namely to the foot of the said ‘Sistrencroft'. JS and AS, their heirs and assigns, were to hold this property at farm for 56 years, at an annual rent of 43s 4d, due at the feasts of Easter, the Nativity of St John the Baptist, Michaelmas, and Christmas in equal portions. During this period, JS and AS etc were to maintain the aforesaid buildings, and if the rent should fall into arrears by one quarter, in part or in full, the prior reserved the right to make entry into the property and distrain goods and chattels sufficient to satisfy him of the arrears and his damages. If the rent should fall into arrears for one whole year, and sufficient distrainable goods cannot be found, the prior should then have good licence to re-enter the property and expel JS, AS, their heirs, or assigns. The prior and convent agreed to warrant the property against all people for this term. Also, by virtue of an indenture which the present prior shows in court, made in the parish of St Bartholomew [sic, error for St Botolph], Bishopsgate ward on the said feast of the Holy Innocents, JS and AS, thus seised of this property, granted to the then prior and convent and their successors for the said term of 56 years an annual rent of £4 10s from their lands in the parish of Shoreditch, payable at the same four annual terms, and on the following conditions, namely that the former prior and convent and their successors ought, every day, to find a canon to celebrate mass in the hospital ‘between the hours of six and eight, at the altar of the Holy Trinity in the chapel where the aforesaid JO and his wife Alice lie entombed, for the good estate of Henry IV and of JS and AS, and of their souls after their deaths. JS and AS, by the same indenture, wish that the canons of the hospital should celebrate mass in the following form, namely one canon for one week, then another for another week, and so forth, and each canon should receive 15d of the annual rent per week. They also wish that the sisters of the house should have 23s 4d of the annual rent, namely each on receiving 3s 4d, per year for the said 56 years, provided that each say three Ave Marias each week for the estate and souls aforesaid. If the prior and convent fail to celebrate these masses for six days without good cause, then JS and AS, their heirs, executors and assigns, may dispose of the lands and tenements as they wish, the agreement notwithstanding. And if the annual rent is not paid at any term during this 56 years, the prior and convent may enter the property and make distraint and retain the goods until the arrears is paid. In name of seisin and possession of this annual rent, JS and AS gave 6 silver pennies to the prior and convent, and they were seised. JS later died, and AS later married Richard Okyll, and the former prior also died, and the present prior was instituted. RO then granted his estate in these tenements to John Feny, and Anne then died, and JF was seised by virtue of this grant, and then granted it to TA, who was seised. All these people paid this annual rent, and the canons and sisters said their masses and Ave Marias, and continue to do so. However, with TA now seised of the property, 43s 4d of the farm and 6m 10s of the annual rent are now in arrears, amounting to 10m, for one year before the date of the prior's original writ, 1 June 1428. However, TA has refused to pay, to the prior's damage of £40.

Pleading: TA admits that he owes the said 43s 4d annual rent, but says that he has always been prepared to pay this. He offers it in court, and the prior receives it. TA quit of that. Concerning the other 6m 10s, TA states that the present priors claim is insufficient in law to maintain his action, and he seeks judgment.

Pleading: Prior RJ states that his plea was sufficient, and since TA did not answer he seeks judgment, and the debt and damages. Justices wish to take advice, day given at the octave of Hilary.

Postea text: [on CP 40/671, rot 123] 14 more days given, to octave of Trinity 1432.

Case notes: Continued on CP 40/671, rot 123.

Court of Common Pleas, CP 40/670, rot. 499

Term: Trinity 1428
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Sale of goods

Pleading: Simon Strete states that on 27 March 1426, in London [parish and ward omitted], John Ussher made a bond with him in £13 6s 8d, payable at Pentecost then next, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JU asks that the bond and its endorsements be read out in court. The endorsement states that the condition of the bond is such that if that pipe of woad which John Wode, factor and attorney of SS, had bought from JW should contain 4 quarters of woad, each quarter being worth 5m according to the ancient measure and affirmation by the assay of woad, or, should the said quarters of woad be worth less than 5m, if JU should make satisfaction to SS and JW for the difference in value without delay, then the bond shall be null and void. Having heard this, JU says that SS ought not maintain his action, since the said pipe of woad did indeed contain four quarters, each worth 5m.

Pleading: SS, not acknowledging anything said by JU, states that each of the four quarters of woad was worth 33s less than the agreed sum, according to the ancient measure of the discrete men of Bristol [names omitted]. Afterwards, in London, he requested that JU make satisfaction of the overall difference in value, namely 10m, but JU refused.

Pleading: JU repeats his claim that the woad was worth 5m per quarter. Parties on country, sheriff of Bristol to have jury of Bristol here at octave of Michaelmas.

Case notes: For another case between these parties, apparently on an identical transaction from exactly one year later, see CP 40/672, rot 308.

Court of Common Pleas, CP 40/670, rot. 500

Term: Trinity 1428
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John Feryman, executor of the will of John Feryman of Sussex, claims that John Samon owes him 100s by way of an unpaid loan which the late John Feryman made to JS in the parish of St Mary Magdalene, London [ward omitted] on 10 January 1421. Damages claimed at £10. The plaintiff presents the letters testamentary of the late JF in court.

Pleading: JS, in person, says that he does not owe John Feryman the aforesaid 100s nor any money as claimed, and offers his law, to be made at Michaelmas three weeks. Pledges of law named. Order to the attorney of JS to have his master here on that day [sic].