CP40/738: Trinity term 1445

Court of Common Pleas, CP 40/738, rot. 051

Term: Trinity 1445
County: Surrey
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: John Horwode states that on 20 March 1432 George Lenton made bond with him in 5m, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: GL states that he should not be bound to this debt, as at this time he was imprisoned by JH and his associates in St Michael Cornhill in London, and detained there until he made this bond under duress.

Pleading: JH denies this, stating that at the time of the bond GL was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of London to have jury here at the quindene of St John the Baptist. Pledges named.

Court of Common Pleas, CP 40/738, rot. 060

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: Ralph Verney states that on 14 November 1442 Robert Crane made bond with him in 10m. He has paid £4 6s 8d of this, but has not paid the remaining 46s 8d, to his damage of 40s. He shows the bond in court.

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

Postea text: RV came, RC did not come. RV to recover his debt, and damages of 6s 8d. RC amerced.

Court of Common Pleas, CP 40/738, rot. 060d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 6s 8d
Costs: 53s 4d
Case type: Bond; Imprisonment

Pleading: Richard Fern states that on 4 December 1442 William Bowyer made bond with him in £4 5s, but has not paid, to his damage of 100s. He shows the bond in court.

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

Pleading: RF denies this, stating that at the time of the bond WB 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 Colchester here at the quindene of Michaelmas. Pledges named.

Postea text: Parties came, sheriff reports that he sent this to John Beche and Nicholas Peeke, bailiffs of the liberty of Colchester, who did nothing. Sheriff to have jury here at morrow of All Souls, notwithstanding the liberty.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1446, nisi prius they come before Thomas Fulthorp, justice, at Colchester on 7 October 1446. RF came, TF sends record that on that day, before TF and Christopher Horbury, justices, RF came, WB did not come, in default, jury came, stated that on the day of the bond WB was not imprisoned, but made the bond freely and not under duress. Damages awarded at 6s 8d, and costs of 46s 8d. RF to recover debt of £4 5s, 4m assigned by the jury, and a further 6s 8d costs assigned by the justices, a total of 60s damages. WB amerced.

Court of Common Pleas, CP 40/738, rot. 105

Term: Trinity 1445
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Housebreaking; Taking of goods

Pleading: Thomas Hull states that on 12 May 1444 John Whyte forcibly broke into his house in Hertford and took goods worth 40s, namely 4000 roof-tiles, six carts of sand and four quarters of burnt lime, against the peace and to his damage of 10m.

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

Case notes: See also CP 40/737 rot 337

Court of Common Pleas, CP 40/738, rot. 108

Term: Trinity 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Arbitration; Sale of goods

Pleading: Christopher Percyvale states that on 20 January 1442 John Broun bought from him 50 ells of linen cloth called 'white Brabant cloth', 50 ells of linen cloth called 'Flemish cloth', 2lb of thread called 'Cologne thread', 6 pieces of lawn and 1lb 3oz of jet ('gette') for £4, payable on request, but he has not paid, to his damage of £20.

Pleading: JB states that CP should cease his action, as on 31 December 1443, at Lostwithiel, they had an amicable discussion regarding this and other debts, by the mediation of their friends, and it was noted that JB had sustained damages of 5m 3s 4d on account of various trespasses committed against him by CP. Therefore it was decided that JB should retain this 5m 3s 4d for these damages, and should pay to CP the remaining 10s of this debt, and that all other debts and actions should be quit. He paid this 10s to CP as ordered.

Pleading: CP states that his action should continue, as there was never any such agreement made between him and JB. Both parties seek enquiry on the country. Sheriff of Cornwall to have jury here at octave of Michaelmas.

Postea text: 4 posteas, sheriff did not send writ, to octave of Michaelmas 1446.

Case notes: See also CP 40/737, rot 407

Court of Common Pleas, CP 40/738, rot. 108d

Term: Trinity 1445
County: Lincolnshire
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: Gerard Sothyll states that on 20 August 1444, at Redbourne in Lincolnshire, he delivered to William Stanley a certain bond in order to pursue a case at law, to be returned on request. The document stated that a certain Thomas Knyght was bound to GS in £100. Then, on 22 August 1444 he delivered this bond to Ralph Babthorp for the same purpose, who, on 24 August, on the orders of GS, delivered it to Geoffrey Pole, Thomas West and Hugh Wyche for safe-keeping. However, they now refuse to return it to GS, to his damage of £100.

Pleading: GP, TW and HW granted licence to imparl to quindene of Michaelmas.

Postea text: 4 further licences to imparl, to octave of Michaelmas 1446.

Postea text: GS came, defendants did not come, in contempt. GS to recover his document, defendants amerced. GS remits any damages.

Court of Common Pleas, CP 40/738, rot. 109d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Salesbury states that on 16 April 1438 John Odam made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JO defends force and injury [pleading incomplete].

Court of Common Pleas, CP 40/738, rot. 110

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: 100s
Damages awarded: 6s 8d
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: Richard Trenthall states that on 1 May 1435 a certain Ralph Brewer delivered to John and Joan Norwold and Richard Cotyn for safe keeping a certain chest containing various documents. These include, amongst others, a charter by which David Tregonschous granted to John Choly of 'Polleth' a piece of land in Helston, lying in 'Wyndesore Street' between the place formerly of John Charasthorn and the place of William Ryneth on the other, holding of the chief lord of the town of Helston, paying to DT 2d per year; a letter of attorney by which DT appoints John Kelwa to put Choly in seisin of this property; and a release by which John Mogham of Taunton and his wife Constance release to Choly all their rights in that property. This chest was to be returned to RT on request, but they refuse to do so, to his damage of 100s.

Pleading: John and Joan Norwold and RC state that they cannot deny this action, and that RB did deliver the chest and documents to them as claimed. They offer to deliver the chest to him here in court, and this is done. Order that RT recover the chest and documents, and damages of 6s 8d for the detention. Defendants amerced. RT receives the chest and documents, and remits the damages. Defendants quit.

Court of Common Pleas, CP 40/738, rot. 114d

Term: Trinity 1445
County: London
Writ type: Debt (account)
Damages claimed: £40
Case type: Reckoning of account

Pleading: John Kent states that on 13 July 1436 Thomas Overton, now deceased, accounted before John de Grote and Richard Graunt, auditors, for various sums received by TO for JK, and was found to be in arrears by £26. However, he did not pay this sum, and nor has William Overton, the administrator of his goods, who detains this, to his damage of £40.

Pleading: WO granted licence to imparl to quindene of Michaelmas, with assent. Pledges named.

Pleading: [continued on CPO 40/739 (Michaelmas 1445), rot 303] Badly damaged, but WO appears to claim that he was never granted administration of the goods and chattels formerly of TO. Sheriff to have jury here at octave of [Hilary]. Same pledges named.

Postea text: [on CP 40/739] Sheriff did not send writ, sicut prius, to quindene of Easter 1446.

Case notes: Continued on CP 40/739, rot 303 (Michaelmas 1445). Another case involving these parties on CP 40/752, rot 113 (Hilary 1449).

Court of Common Pleas, CP 40/738, rot. 118d

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: 40s
Case type: Detention of goods; Safe keeping

Pleading: John Whiteneve states that on 2 March 1445 he delivered to William Mascall and William Raby for safe keeping a certain document, in which it was stated that a certain Richard Tremeryn was bound to JW in 40s. However, they have refused to return this document, to his damage of 40s.

Pleading: WM and WR present the document in court, to be delivered to whoever the court orders. They say that it was delivered to them jointly by both JW and RT, to be returned to one or both of them under certain conditions. However they do not know whether these conditions have been implemented by RT, and ask that RT be forewarned. This is granted. Order to the sheriff to warn RT to be here at quindene of Michaelmas, to show any reason why the document should not be delivered to JW.

Court of Common Pleas, CP 40/738, rot. 122d

Term: Trinity 1445
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 60s
Damages awarded: 6s 8d
Costs: 20s
Case type: Bond; Loan

Pleading: John Ryver states that on 18 July 1444 John Alderley made bond with him in 29s 4d, payable at the feast of St Peter ad Vincula, and also borrowed from him a further 10s 8d, payable on request. However, JA has not paid any of this total of 40s, to his damage of 60s. He shows in court the bond of 29s 4d.

Pleading: JA states that he should not be held to the debt of 29s 4d, as the bond was not of his making. Both parties place themselves on the country. And regarding the debt of 10s 8d, he states that he does not owe this or any money as claimed. Both parties on country. Sheriff to have jury here at quindene of Michaelmas. Bond to remain in custody of Henry Fylongley, king's clerk, for safe keeping.

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

Postea text: Bond delivered to Richard Neuton, chief justice of the Bench, HF quit.

Postea text: Process continued, jury in respite to quindene of Hilary nisi prius they come before RN at St Martin le Grand on 24 January 1446. JR came, RN sent record that on that day before him and John Danyell, JR came, JA did not come, in default. Jury came, said that the bond was made of JA, as JR claimed, and assign damages of 6s 8d, and costs of 20s. And concerning the loan of 10s 8d, they say that JA does not owe this money, as he claimed. Therefore order that JR recover the debt of 29s 4d, and damages of 26s 8d, but is amerced for false claim for the other 10s 8d, for which JA is quit.

Postea text: Bond returned to HF, RN quit.

Court of Common Pleas, CP 40/738, rot. 123

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Lambe and Richard Welles, administrators of the goods formerly of William Hunt, state that on 22 February 1423 Henry Inglose made bond with WH in 100s, payable at the quindene of Easter then next. However, he did not pay WH during his lifetime, and has not paid them after WH's death. This is to their damage of £10 and is delaying the administration of WH's goods, to which they have been appointed by John Lyndefeld, former Dean of St Mary le Bow and commissary general of Henry, Cardinal Archbishop of Canterbury. They show in court the bond, and the letters of the commissary general by which they have administration.

Pleading: HI granted licence to imparl to octave of Michaelmas, with assent of administrators.

Court of Common Pleas, CP 40/738, rot. 124d

Term: Trinity 1445
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: John Burton and John Stokton, mercers of London, state that on 10 May 1436 John Vele, now deceased, accounted with them before Thomas Covlard and William Bernewey, auditors, for various sums received by JV for them, and was found to be in arrears by £6 3s 11d. However, neither JV in his lifetime, nor his executor Abraham Vele after his death, have paid this, to their damage of 40s.

Pleading: AV states that the plaintiffs ought not maintain their action against him, since he was never an executor of the will of JV, and did not have administration of any of his gods and chattels.

Pleading: JB and JS state that AV had administration of various goods and chattels which belonged to JV at the time of his death, namely in St Lawrence Jewry, Cheap ward, London. Both parties seek enquiry on the country. Sheriff to have jury here at morrow of St John the Baptist.

Postea text: Sheriff did not send writ, sicut prius, to octave of Michaelmas.

Case notes: See also CP 40/737 rot 127

Court of Common Pleas, CP 40/738, rot. 136d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Adam Derby and John Spencer, administrators of the goods formerly of Thomas Clement, deceased, state that on 7 February 1444 Robert Hacche, alias Robert Kent, made bond with TC in £27, but has not paid, either to TC or his administrators, to their damage of £20. They show in court both the bond and their letters of administration from the commissary general.

Pleading: RH states that the action should not continue, since by an indenture made in the parish St Gregory in Castle Baynard ward, London, on 18 February 1444, part of which he shows in court, TC granted that if RH pay to him or his heirs, etc, this £27 in the form stated, that is £3 6s 8d at the feasts of the Nativity of St John the Baptist, Michaelmas, Christmas and Easter until the entire debt is paid, then the bond shall be cancelled, but if any payment is defaulted, then the bond shall stand. He states that TC died on 16 December 1444, by when he had paid the first two payments of this debt according to the agreement, and he has also paid the following two payments to the administrators, as agreed.

Pleading: The administrators, protesting that RH did not pay any of these sums as claimed, state that he did not pay to them the £3 6s 8d due at Christmas 1444. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named for defendant.

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

Court of Common Pleas, CP 40/738, rot. 209

Term: Trinity 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: Thomas Thorndon states that on 10 March 1445 Froderick de Nofre forcibly took goods and chattels from him to a value of 5m, namely three pieces of green woollen cloth and three pieces of blue woollen cloth, against the peace and to his damage of £40.

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

Court of Common Pleas, CP 40/738, rot. 212

Term: Trinity 1445
County: London
Writ type: Account
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: William Clerk states that John Symmes, alias John Adam, was receiver of money for him from 17 January 1440 until Easter 1440, and in that time received £4 2s 8d from Adam Symmes to trade and make profit for him, for which he was to make reasonable account. However, he has refused to do so, to his damage of £10.

Pleading: JS states that he was never receiver for WC as he claims. Both parties place themselves on the country. Sheriff to have jury here at octave of St John the Baptist.

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

Court of Common Pleas, CP 40/738, rot. 212

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 20s
Case type: Bond

Pleading: George, Abbot of St Augustine's outside the walls of Canterbury, states that on 6 January 1444 Simon Lyndford made two bonds with him, each in 50s, but has not paid either, to his damage of 40s. He shows the bonds in court.

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

Postea text: Abbot comes, SL does not come, defaults. Abbot to recover debt, and damages of 20s. SL amerced.

Postea text: SL committed to the Fleet prison. Afterwards, at the suit of the Abbot made in this court in Hilary term 1446, rot 211, SL placed in exigend by writ returnable here at octave of Hilary next. Abbot comes, acknowledges satisfaction of the debt and damages. SL quit. Writ of supersedeas on the writ of exigend.

Court of Common Pleas, CP 40/738, rot. 220

Term: Trinity 1445
County: Wiltshire
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Sale of goods

Pleading: John Payn summoned to answer Nicholas Brent on debt of 4m (sic). Nicholas Brent states that on 23 June 1438 John Payn bought from him 24 yards of blue woollen cloth for 40s (sic), payable at Michaelmas next, but has not paid, to his damage of 100s.

Pleading: NB states that he does not owe this 4m (sic) or any money as claimed. Order that he wager his law at octave of Michaelmas. Pledges named.

Postea text: NB comes, JP does not come. NB to recover debt, and damages of 13s 4d. JP amerced.

Postea text: JP came into court and paid NB the debt and damages, received by NB's attorney. JP quit.

Case notes: Debt claimed is 4m, although goods clearly specified as being worth 40s.

Court of Common Pleas, CP 40/738, rot. 303

Term: Trinity 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Arbitration; Assault

Pleading: Thomas Cok states that on 24 September 1444 John Laurence senior, John Laurence junior, Richard Randolf and John Philipp forcibly assaulted him in London, against the peace and to his damage of 100m

Pleading: The defendants deny force and arms, and both parties place themselves on the country. Concerning the rest of the action, they say that TC should not have his case, since on 4 October 1444, at St Columb Major in Cornwall, they and TC submitted themselves to arbitration before a certain Peter Prebesk, concerning this and all other disputes pending between them, and PP decided that the defendants should pay to TC 6s 8d in full recompense of all outstanding actions. This they duly paid.

Pleading: TC states that there was never any such arbitration, as the defendants claim. All parties place themselves on the country. Sheriff of Cornwall to have jury here at octave of Michaelmas.

Court of Common Pleas, CP 40/738, rot. 304d

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: John Benet states that on 20 August 1444 he delivered to the said John [sic, error for defendant, William Fauconer] a certain chest containing charters and other muniments, for safe keeping. This was to be returned on request, but he now refuses, to his damage of £40.

Pleading: WF states that he does not detain this chest and documents from JB, as he claims. Order that he wager his law at the quindene of Michaelmas. Pledges named.

Postea text: WF came, attorney of JB made essoin, to quindene of Hilary.

Postea text: JB came by attorney, WF made essoin, to quindene of Easter.

Postea text: Parties come. WF makes his law. JB amerced for false claim, WF quit of debt and sent without day.

Court of Common Pleas, CP 40/738, rot. 305d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: James Nanvan and John Archedeken, executors of the will of John Megre, state that on 20 February 1416 John Arundell made bond with John Megre in £30. However, he did not pay JM, and nor has he paid the executors, to their damage of £100. They show the bond in court, as well as the testamentary letters by which they have executry and administration.

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

Court of Common Pleas, CP 40/738, rot. 307

Term: Trinity 1445
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: John Holdernesse states that on 12 February 1444, at Little Stanmore, William and Alice Dawes forcibly cut down and carried away trees belonging to him worth 10m, namely 60 oaks and 20 ashes, and destroyed his grass worth 5m. This was against the peace, and to his damage of 100m.

Pleading: WD and AD granted licence to imparl to octave of Michaelmas. Pledges named for defendants.

Pleading: [continued on CP 40/739, rot 103 (Michaelmas 1445)] WD and AD deny force and arms. Both parties on country. And regarding the rest, protesting that the trees were not worth the amount given in the writ, they state that the place where this supposed trespass occurred was two crofts containing six acres of land in Little Stanmore, and that William Coventre, former Prior of St Bartholomew's, Smithfield was formerly seised of these 6 acres, and so seised demised them to WD, who held them at the will of the former prior. JH then claimed the property by virtue of an earlier demise by the former prior, and entered it, and WD then re-entered it, taking the trees and consuming the grass as seemed good to him.

Pleading: AD states that at the time of the supposed trespass she was a servant of WD, and, on his orders, came to help him to cut the trees and grass.

Pleading: JH states that his action should continue, as the place where the trespass occurred was in two closes called 'Rosecroftes' of 7 acres, lying next to the crofts of 6 acres mentioned before, to the south. This he is prepared to verify, and since WD and AD did not deny the trespass he seeks judgment and damages.

Pleading: WD states that the 7 acres called 'Rosecroftes' are, and were at the time, his soil and free tenement.

Pleading: JH states that the closes called 'Rosecroftes' were at the time of the trespass and long before, the soil and free tenement of a certain Roger Colyer, now prior of St Bartholomew, Smithfield, and long before the trespass he demised these to JH and his heirs, to hold according to the customs of the prior's manor of Little Stanmore, and thus he was in possession of this land at the time of the trespass, not WD.

Pleading: WD repeats that the 7 acres were his soil and free tenement at the time of the trespass. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Case notes: Continued on CP 40/739, rot 103.

Court of Common Pleas, CP 40/738, rot. 311

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Henry Bromflet states that on 12 November 1443 John Edward made bond with him in £22, but had not paid, to his damage of £20. He shows the bond in court.

Pleading: [No further pleading.]

Court of Common Pleas, CP 40/738, rot. 314

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Henry Knotte states that on 14 May 1431 John Yonge made bond with him in £87 12s, payable at Christmas 1434. He acknowledges that JY has paid £40 of this, but he has not paid the remaining £47 12s, to his damage of £40. He shows the bond in court.

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

Postea text: Further licence to imparl to morrow of Martinmas.

Court of Common Pleas, CP 40/738, rot. 315

Term: Trinity 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: £100
Case type: Breach of Statute; Maintenance

Pleading: Henry Savage, citing the statute against the maintenance of suits, states that on 31 March 1445, John Bagot maintained and sustained the suit of John Dovue regarding a plea of trespass brought in this court against him by HS, his wife Margaret, and Elizabeth Staundon, against the terms of the statute, in contempt of the king and to his damage of £100.

Pleading: JB granted licence to imparl to [omitted].

Pleading: [continued on rot 533] JB granted licence to imparl to octave of Michaelmas, with assent of HS. Pledges named for JB.

Case notes: Continued on rot 533 of this roll.

Court of Common Pleas, CP 40/738, rot. 316d

Term: Trinity 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Richard Reynold states that on 10 December 1440 Robert Gyles bought from him 6 yards of cloth called 'musterdevillers', 29¾ yards of cloth called 'blue medley', 29¾ yards of green linen cloth and 11 7/8 yards of blue woollen cloth, and 5 yards of cloth called 'russet frieze' for £13 9s 10d. He acknowledges that he has been paid £4 19s 4d, but RG has not paid the remaining £8 10s 6d, to his damage of 100s.

Pleading: RG states that he does not owe RR this £8 10s 6d, or any money as claimed. He asks that he may make his law immediately, and he does so. RR to take nothing for writ, and is amerced for false claim. RG sent without day.

Court of Common Pleas, CP 40/738, rot. 324

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Arbitration; Bond

Pleading: Domenicus Spynule and Ambrosius Pynello, merchants of Genoa, state that on 9 December 1444 Beligardus de Bardis made bond with them in £50, payable on 5 January 1445, but he has not paid this, to their damage of 100m. They show the bond in court.

Pleading: BB asks to hear the bond in court. This is read [cited in full], stating that BB, for himself and the whole of his company, binds himself to DS and AP in £50, payable on 15 January 1445, and is sealed by BB and the company. He also asks to hear the endorsement, and this is read [cited in full], stating that the bond shall be cancelled if BB stand in the arbitration of Julius Contaryn, Frederick Centurionus and John Vila, or two of them, arbitrators appointed by both parties regarding various actions outstanding between the society of the heirs of Obertinus de Bardis on the one hand and Gabriel de Pynello and Pasqualinus de Pynello, merchants of Genoa, on the other, and implement the terms of that arbitration. BB therefore states that the action should cease, since FC and JV made their arbitration on 13 January 1445, and decided that BB, on behalf of the company, should pay to GP and PP at the feast of the Purification next, passage-money for 287 bales of woad, to be shipped by Hilarius Imperialis of Genoa, with his ship from 'the Downes' in Sandwich, which GP and PP would then pass on to Hillarius. And he says that he paid to GP and PP 10m at 'the Downes' in Sandwich accordingly.

Pleading: DS and AP, not acknowledging anything claimed by BB, state that they do not legally have to respond to this plea as given by BB, and seek the debt and damages on the grounds of insufficient plea.

Pleading: BB states that since his response is sufficient in law to preclude the plaintiffs' action, and they have not denied it, he seeks judgment, and that the plaintiffs be precluded from their action. Since the justices wish to be advised before rendering judgment, day is given at octave of Michaelmas.

Postea text: Further day given at octave of Hilary.

Case notes: Similar pleadings on CP 40/737, but bond made in different parish, and damages claim different.

Court of Common Pleas, CP 40/738, rot. 325

Term: Trinity 1445
County: Surrey
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Alexander Kyllyngham, executor of Joan Blounte, states that on 5 November 1399 Thomas Hoo, father of Thomas Hoo the defendant, made bond with JB and Thomas Wylton, then her husband, in £25 6s 8d, payable in three payments. However, TH senior did not pay this to, either to JB and TW or their executors, and TH junior still refuses to pay, to his damage of 40m. He shows in court the bond and the testamentary letters of JB by which he has executry and administration.

Pleading: TH, not acknowledging that the bond was made by TH his father, states that he should not be bound to this debt as he has no lands or tenements of the heritage of his father in fee simple, either on the day of the original writ or afterwards.

Pleading: AK states that on the day of his original writ, namely [omitted], TH had sufficient tenements inherited from his father to satisfy this debt, namely in Mulbarton in Norfolk and elsewhere. Both parties seek enquiry on the country. Sheriff of Norfolk to have jury of Mulbarton here at octave of Michaelmas.

Postea text: 6 posteas, sheriff did not send writ, to quindene of Easter 1447.

Court of Common Pleas, CP 40/738, rot. 328d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: William Oldhall states that on 4 January 1441 Thomas Elyottes made bond with him in £40, but has not paid, to his damage of 40m. He shows the bond in court.

Pleading: TE granted licence to imparl to morrow of All Souls, with assent of plaintiff.

Postea text: 14 further licences to imparl, with assent, to Easter 1449.

Court of Common Pleas, CP 40/738, rot. 329

Term: Trinity 1445
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 20m
Case type: Arbitration; Bond

Pleading: Thomas Gayler states that on 10 December 1444 William Bodevyle made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WB granted licence to imparl to quindene of Michaelmas, with assent of plaintiff.

Pleading: [continued on CP 40/739, rot 322 (Michaelmas 1445).] WB states that he should not owe this debt, as he made this bond on that day on the condition that it would be cancelled if he stood in the arbitration of Walter Aydrop, John Charfole and others [lost], and abided by their decision regarding various issues outstanding between him and TG. He states that he is a man of little learning, and that the bond was read to him in English containing this condition, and he sealed it accordingly. He therefore states that the present bond, not containing this condition, was not of his making. Both parties on the country. Sheriff to have jury here at octave of Hilary. Bond to remain in custody of Robert Darcy.

Postea text: [CP 40/739, rot 322d] Sheriff did not send writ, sicut prius to quindene of Easter.

Postea text: Bond delivered to John Fray, chief baron of the Exchequer. RD quit.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1445, nisi prius they come before JF at Buntingford on 27 July 1446. ON this day, parties come, JF sent record that on that day parties came before him and Thomas Wyngefeld. Jury came, WB appealed the jury, stating that it had been arrayed by Thomas Mullyng, under-sheriff of Hertfordshire, at the nomination of TG, to the favour of TG. This seen as true, process ceased. Sheriff to have new jury here at morrow of All Souls.

Postea text: Process continued, jury in respite to Easter three weeks 1447. Parties come, jury comes, say that the bond as it stands was made by WB, as claimed by TG. TG to recover debt, and damages and costs assigned at 20m.

Case notes: Continued on CP 40/730, rot 322d (damaged).

Court of Common Pleas, CP 40/738, rot. 330

Term: Trinity 1445
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Detention of goods; Housebreaking; Real action / rents / damage to real estate

Pleading: John Twyer states that on 6 December 1443 Richard Wemmes forcibly broke his close at North Mimms and arrested certain chattels found there, namely twenty carts of underwood, without cause, and kept them under arrest against the law and custom of the realm for a whole year. He also caused such great injuries to his servant, John Sharpe, that he dare not perform his duties, namely the cutting of wood and the production and selling of charcoal, for that whole year, for fear of death or injury. This was all against the peace, and to his damage of £40.

Pleading: RW denies force and arms. Both parties place themselves on the country. And he states that JT ought not maintain the rest of his action, since, concerning the breaking of the close and the arrest and detention of the goods, he states that a certain John atte Nassh was formerly seised in his demesne as of fee of one toft, a wood and 10 acres of land in North Mimms, of which the close and the place where the underwood was growing were parts. JN died seised of this property, and they descended to Joan, wife of RW, as daughter and heir of JN, and they thus entered the property. However, JT, claiming this property by right of a charter made to him by JN at the end of his life, entered the property and cut down these 20 carts of underwood. RW, on behalf of his wife, then re-entered the property, and not wanting JT to take this wood away, arrested and kept it, as seemed right. And concerning the threats, he states that JS was with RW in cutting the underwood, and when JS tried to lead off the cart, he warned him that if he did so he would prosecute him at law. He did not make threats against his person, as claimed by JT.

Pleading: JT, not acknowledging anything said by RW, states that RW did threaten and assault JS as he claimed. Both parties seek enquiry on the country. And concerning the breaking of the close and the detention of the wood, he states that a certain John Brookman was seised of this property long before JN, but JN then unjustly disseised him of it, until JB took it back. JB then died seised, and it passed to his daughter and heir, Philippa, who JT then married. They held it until Philippa died, after which JT held it by courtesy of England, and so held it at the time of the alleged trespass.

Pleading: RW, not acknowledging anything said by JT, states that JN died seised of this property, as he claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/738, rot. 331

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Rassh states that on 11 November 1434 Archangelus de Pectis made bond with him and a certain William Symond, now deceased, in £37 8s 3½d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: AP states that WR ought not maintain his action, since by a document which he shows in court, dated 2 December 1439 and delivered to AP at St Peter Westcheap, Cripplegate ward, London on 1 September 1443, WS released and quitclaimed to AP all actions and debts pending between them before the date of that release.

Pleading: WR states that WS did not release AP from all actions etc., as he claims. Both parties seek enquiry on the country. Sheriff of London to have jury of St Peter Westcheap here at octave of Michaelmas. Release to remain in the custody of Robert Darcy for safe-keeping.

Case notes: Case on another bond, payable at Pentecost, on rot 505d.

Court of Common Pleas, CP 40/738, rot. 332

Term: Trinity 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: Michael Muler states that on 8 May 1445 William and Isabel Deskamayn forcibly assaulted his servant, Richard Muler, beating him so badly that he was deprived of his service from that 8 May until 12 May, against the peace and to his damage of £10.

Pleading: WD in person and ID by attorney deny responsibility for this trespass as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named for defendants.

Court of Common Pleas, CP 40/738, rot. 405d

Term: Trinity 1445
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: John Robbessard states that on 27 September 1442 Joan Hunt forcibly broke his close in Mile End and cut and carried off 60 elm trees and 20 carts of underwood, against the peace and to his damage of £20.

Pleading: JH granted licence to imparl to octave of Michaelmas, with assent of JR.

Court of Common Pleas, CP 40/738, rot. 405d

Term: Trinity 1445
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Damages awarded: 10s
Case type: Sale of goods

Pleading: Ralph Joselyn states that on 3 March 1444 William Spenser bought from him [4] bales of madder for £7 17s 6d, but has not paid, to his damage of 20m.

Pleading: [continued on CP 40/742, rot 113 (Trinity 1446)] WS states that he does not owe this or any money as claimed. Order that he wager his law at octave of Michaelmas. Pledges named.

Pleading: WS granted licence to imparl to quindene of Michaelmas, with assent of RJ.

Postea text: [CP 40/742, rot 113] RJ came, WS did not come. Order that RJ recover the debt, and damages of 10s. WS amerced.

Postea text: 3 further licences to imparl, to quindene of Trinity 1446.

Case notes: Continued on CP 40/742, rot 113 (Trinity 1446)

Court of Common Pleas, CP 40/738, rot. 410d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Memorandum that on 30 June 1445 Almaric Mateny and Thomas Bramley show a certain bill against Nicholas Davy, attorney in this court [recited]. AM and TB state that on 1 February 1445 ND made bond with them in £3 8s 2d, which they show in court. However, he has not paid, to their damage of 100s. Pledges to prosecute named.

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

Pleading: [continued on CP 40/739 rot 409d (Michaelmas 1445; damaged).] Parties came, ND states that the action should not continue, as on 2 February 1445, by a document which ND shows in court, sealed by the plaintiffs, ND, together with [Richard] Wascam, John Davy and Robert Chelworth, was bound to AM and TB in the £3 8s 2d, but that AM and TB granted that if ND, RW and RC pay 34s 1d at Easter 1445 and 34s 1d at the Nativity of St John the Baptist 1445, then the bond shall be cancelled. He says that they paid these sums accordingly, at Montacute in Somerset.

Pleading: AM and TB, protesting that ND did not pay them any of this money, state that ND did not pay them the 34s 1d due at Easter 1445. Enquiry on country. Sheriff of Somerset to have jury of Montacute here at quindene of Martinmas. AM and TB appoint William Praers as their attorney.

Postea text: 4 posteas, sheriff did not send writ, to octave of Michaelmas 1446.

Case notes: Continued on CP 40/739 rot 409d (Michaelmas 1445, badly damaged).

Court of Common Pleas, CP 40/738, rot. 413d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 20s
Case type: Bond

Pleading: John Martyn states that on 2 July 1443 John Spynas made bond with him in £20, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JS granted licence to imparl to quindene of Michaelmas, with assent of JM. Pledges named for defendant.

Postea text: JM came, JS did not come. JM to recover debt of £20, and damages of 20s. JS amerced.

Court of Common Pleas, CP 40/738, rot. 416d

Term: Trinity 1445
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: £10
Case type: Loan; Sale of goods

Pleading: William Norhampton states that on 27 May 1442 William Warner bought from him two pieces of woollen cloth for £3 3s 4d, payable on request, and on the same day borrowed from him a further 26s 8d, also payable on request, but has not paid either sum, to his damage of £10.

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

Court of Common Pleas, CP 40/738, rot. 419d

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Richard Laverok states that on 21 April 1445 he delivered to John Saunder for safe-keeping two documents, one of which stated that RL was bound to Geoffrey Coytemore in £10, and the other stating that GC was bound to RL in the same £10. These were to be returned on request, but he now refuses, to his damage of £20.

Pleading: JS presents the documents in court, and is prepared to deliver them to whichever of RL or GC the court orders. He states that the documents were delivered to him on that day equally by RL and GC, to be returned to either of them under certain conditions. However, he is unaware whether these conditions have been met on the part of GC, and asks that GC be forewarned. Order to the sheriff to inform GC to be here at quindene of Michaelmas, to show any reason why the documents should not be delivered to RL.

Postea text: 2 posteas, to octave of Hilary 1446.

Postea text: Parties come, GC did not come. Sheriff states that GC was informed by Robert Falas and Hugh Water to be here on this day. RL to recover the documents from JS on default of GC.

Court of Common Pleas, CP 40/738, rot. 424d

Term: Trinity 1445
County: London
Writ type: Account
Damages claimed: £30
Case type: Contract (service/employment); Reckoning of account

Pleading: John Gylysby states that Thomas Freman was receiver of money for him from 4 November 1429 to 10 November 1429, and received £12 of Gylysby's money from Robert Darcy, 4m from John Hardyng, £6 from John Grigge and 5m from William Edmond, for the trade and profit of Gylysby. For this he was to make reasonable account, but he has refused, to his damage of £30.

Pleading: TF states that he was never receiver for JG as he claims. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: Parties come, sheriff did not send writ, to month of Michaelmas. On which day jury placed in respite to octave of Martinmas, nisi prius they come before Richard Neuton, chief justice of the Bench, at St Martin le Grand on 11 November 1445. On that day TF came, RN sent record that on 11 November, before RN and John Thornton, parties came, jury came, said that TF was not receiver of this money for JG as claimed. JG amerced for false claim, TF sent without day.

Court of Common Pleas, CP 40/738, rot. 436d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Henry Bulwyk states that on 1 December 1441 William Beaufoo made bond with him in 44s 4d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: WB granted licence to imparl to Michaelmas one month, with assent of HB.

Pleading: [On CP 40/739, rot 314] Further licence to imparl to octave of Hilary 1446

Case notes: Continued on CP 40/739, rot 314.

Court of Common Pleas, CP 40/738, rot. 437

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Ralph Say states that on 5 February 1439 John Marchall made bond with him in £7, but neither JM during his lifetime, nor his son and heir Robert after his death, have paid this debt, to his damage of £10. He shows the bond in court.

Pleading: Robert Marchall states that he ought not be held to this debt, as he held nothing in fee simple of the heritage of his father on the day of the original writ or since.

Pleading: RS states that on the day of his original writ, namely [omitted] 23 Henry VI, RM had sufficient lands of his father's inheritance to pay this debt, namely in Royston and elsewhere. Both parties seek enquiry on the country. Sheriff of Cambridgeshire to have jury of Royston here at Michaelmas one month.

Court of Common Pleas, CP 40/738, rot. 438d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Henry Knotte states that on 14 May 1431 William Aylton made bond with him in £87 12s. WA has paid £40 of this, but has not paid the remaining £47 12s, and still refuses, to his damage of £40. He shows the bond in court.

Pleading: WA granted licence to imparl to octave of Michaelmas, with assent of HK.

Case notes: Further case on rot 474d.

Court of Common Pleas, CP 40/738, rot. 440d

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Thomas Hanchiche states that on 14 August 1442 he delivered to Richard Kneseworth for safe-keeping a certain document, by which Robert Fitz Rery and Reginald Tayloure were bound to him in £9. This was to be returned on request, but RK has refused to return it, to his damage of £20.

Pleading: RK, presenting the document in court and offering to deliver it to whoever the court orders, states that this document was given to him on that day by all three parties to the bond under certain conditions, but he is unaware whether these conditions have been implemented on the part of Fitz Rery and Tayloure. He asks that they be forewarned. Order to the sheriff to warn them to be here at the quindene of Michaelmas, to show any reason why the document should not be delivered to RK.

Court of Common Pleas, CP 40/738, rot. 448d

Term: Trinity 1445
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: 5m
Case type: Bond

Pleading: Richard Everle and Richard Heyward state that on 13 June 1444 John Colman made bond with them in 53s, payable on the vigil of St Peter ad Vincula. However, he has not paid, to their damage of 5m. they show the bond in court.

Pleading: JC states that this bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas. Bond to remain in the custody of Henry Felyngley, king's clerk. JC appoints John Ferrers as his attorney.

Postea text: Bond delivered to Richard Neuton, chief justice of the Bench. HF quit.

Case notes: Bond sealed in parish of All Hallows, London, but no ward named.

Court of Common Pleas, CP 40/738, rot. 450

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Henry Brounflete states that on 12 November 1443 Thomas Knyght made bond with him in £22, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: [No further pleading.]

Court of Common Pleas, CP 40/738, rot. 450d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Henry Brounflete states that on 12 November 1443 John Puttok made bond with him in £22, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: [No further pleading.]

Court of Common Pleas, CP 40/738, rot. 453d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond; Imprisonment

Pleading: John Scales states that on 19 June 1439 Thomas Cosse made bond with him in £22 13s 4d, but he has not paid, to his damage of 40m. He shows the bond in court.

Pleading: TC granted licence to imparl to quindene of Michaelmas, with assent of JS.

Pleading: [continued on CP 40/742, rot 113d (Trinity 1446)] T Crosse states that he should not be bound to this debt, as at this time he was imprisoned by JS and his associates in Kingston upon Hull, and detained there until he made this bond under duress.

Pleading: JS denies this, stating that at the time of the bond TC 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 Kingston upon Hull here at the octave of Michaelmas.

Case notes: Continued on CP 40/742, rot 113d (Trinity 1446). Similar case, with smaller damages claim, on CP 40/740, rot 520 (Hilary 1446).

Court of Common Pleas, CP 40/738, rot. 459d

Term: Trinity 1445
County: Yorkshire
Writ type: Trespass (against statute)
Damages claimed: 100m
Case type: Breach of Statute; Embracery; Maintenance

Pleading: Thomas Percy, citing the statutes against maintenance, states that William Pountfret committed maintenance, with reference to a suit in the king's court between TP and John Spencer, John Worsop, John Northey, Hugh Ryche, Simon Sely, John Bagworth, Richard Fuller, Richard Kylfole, John Werk and William Petevile. He states that, at Etton by Leconfield on [date omitted], TP gave to each of these people, jurors, 4m and various other gifts, for them to give their verdict in favour of his opponents, contrary to the statutes, in contempt of the king and to his damage of 100m.

Pleading: WP granted licence to imparl to quindene of Michaelmas, with assent of TP.

Case notes: For the case against the jurors see rot 535.

Court of Common Pleas, CP 40/738, rot. 474d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Henry Knott states that on 10 March 1434 William Aylton made bond with him in £100, but has not paid, to his damage of £100. He shows the bond in court.

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

Postea text: Parties came, sheriff did not send writ, sicut prius to octave of Hilary 1446.

Case notes: Further case on rot 438d.

Court of Common Pleas, CP 40/738, rot. 505

Term: Trinity 1445
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction

Pleading: Stpehen Pyers states that on 12 February 1444 Thomas Caundyssh forcibly abducted his apprentice Anne Caundyssh, his apprentice, against the peace and to his damage of £20.

Pleading: Thomas Caundyssh denies force and arms. Both parties place themselves on the country. And concerning the rest, he states that SP ought not maintain his action, as before the date of the alleged trespass SP released AC from her apprenticeship and service, by which she was not apprenticed at the time of the supposed trespass, and she then came to serve him, her father.

Pleading: SP states that he never released AC from her apprenticeship and service, as TC alleges. Enquiry on the country. Sheriff of Suffolk to have jury of Trimley St Mary here at octave of Michaelmas.

Court of Common Pleas, CP 40/738, rot. 505d

Term: Trinity 1445
County: Oxfordshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Rassh states that on 11 November 1434 Archangelus de Pectis made bond with him and a certain William Symond, now deceased, in £37 8s 3½d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: AP states that WR ought not maintain his action, since by a document which he shows in court, dated 2 December 1439 and delivered to AP at St Peter Westcheap, Cripplegate ward, London on 1 September 1443, WS released and quitclaimed to AP all actions and debts pending between them before the date of that release.

Pleading: WR states that WS did not release AP from all actions etc., as he claims. Enquiry on the country. Sheriff of London to have jury of St Peter Westcheap here at octave of Michaelmas.

Case notes: Another case on a bond due at All Saints on rot 331.

Court of Common Pleas, CP 40/738, rot. 506

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Hanham states that on 30 November 1440 Edmund Clere made bond with him in £38 17s 2d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: EC granted licence to imparl to quindene of Michaelmas, with assent of JH.

Court of Common Pleas, CP 40/738, rot. 507

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Damages awarded: 26s 8d
Costs: 40s
Case type: Bond

Pleading: John Leventhorp and John Walssh state that on 5 February 1435 John Horne made two bonds with them, each in £12. He has paid £4 of this, but has not paid the remaining £20, to their damage of 40m. They show the bond in court.

Pleading: JH granted licence to imparl to quindene of Michaelmas, with assent of JL and JW.

Pleading: [continued on CP 40/739, rot 334d (Michaelmas 1445)] JH states that this bond was not of his making. Both parties on the country. Sheriff to have jury here at quindene of Martinmas. Bond in custody of Robert Darcy, king's clerk.

Postea text: Later [date incomplete], bond delivered to Richard Neuton. RD quit.

Postea text: Bond returned to RD, RN quit.

Postea text: Process continued, jury in respite to quindene of Easter 1446 nisi prius they come before RN at St Martin le Grant on 14 February. Parties come, RN sent record that on that day, before him and his colleague [name lost], JL and JW came, JH did not come. Jury said that the bond was made by JH, as plaintiffs claimed. Damages assigned at 26s 8d, costs at 33s 4d. Plaintiffs to recover debt, and damages of 60s, and further 6s 8d costs assigned by the justices. JH to be taken.

Postea text: JH committed to the Fleet prison.

Case notes: Continued on CP 40/739, rot 334d (Michaelmas 1445).

Court of Common Pleas, CP 40/738, rot. 508d

Term: Trinity 1445
County: Lincolnshire
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: Thomas Folkyngham states that on 5 April 1442 John Swaby made bond with him in 40s, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JS states that he should not be bound to this debt, as at this time he was imprisoned by TF and his associates in the parish of St Sepulchre in London, and detained there until he made this bond under duress.

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

Postea text: 15 posteas, sheriff did not send writ, to Easter three weeks 1449.

Case notes: Further case between these people on a separate debt on rot 528.

Court of Common Pleas, CP 40/738, rot. 533

Term: Trinity 1445
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Courtenay, citing the terms of the Statute of Labourers, states that at Michaelmas 1442 he retained John Hille to serve him as a 'valet' for five years, but before the end of that term, on 8 April 1443, he left this service without reasonable cause or licence, in contempt of the king, against the form of the ordinance and to his damage of £20.

Pleading: JH states that he cannot deny this charge. Order that JC recover the service of JH for the remainder of the term, and damages and costs of 13s 4d. JH to be committed to the Fleet on this and other charges, to be here at the octave of Trinity to answer JC on these other matters.

Postea text: JH satisfies JC of the damages and costs, and seeks to make fine with the king. Makes fine in 20d, paid to John Stodeley for the repair of the furnishings of this court. JH quit. Upon which came William Mosse, who acknowledged that he had been satisfied of 18s which he had recovered in the king's court before Stephen Forster, formerly sheriff of London.

Court of Common Pleas, CP 40/738, rot. 533d

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: John Tatersall states that on 5 November 1441 he delivered to John Chichele for safe-keeping a certain chest containing various documents, namely a charter whereby Peter Wymondham enfeoffed RT in a messuage and shop in St Mary Bothaw, Walbrook ward, London, another whereby William Skrene released and quitclaimed all rights in that property, and various other documents. This chest and the documents were to be returned on request, but JC has refused to do so, to his damage of £100.

Pleading: JC granted licence to imparl to octave of Michaelmas, with assent of JT.

Court of Common Pleas, CP 40/738, rot. 533d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: £30
Case type: Bond

Pleading: Katherine Parker, widow of William Parker, Simon Goold and William Waldyngfeld, executors of William Parker, state that on 27 June 1438 William Manwode made bond with William Parker in £20, but did not pay him, or them as his executors, to their damage of £30. They show the bond in court, and the testamentary letters of WP by which they have executry.

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

Pleading: [continued on CP 40/739, rot 334 (Michaelmas 1445)] WM states that the executors ought not maintain their action, as at Great Henny on [lost] July 1441, William Parker, by a document which he shows in court, released him from all actions pending between them before that date.

Pleading: The executors state that this release was not made by WP. Seek enquiry on the country. Sheriff to have jury of Great Henny here at [lost]. Release to remain in custody of Robert Darcy.

Postea text: Afterwards, release delivered to Thomas Fulthorp, justice of the bench. RD quit.

Postea text: Process continued jury in respite to quindene of Michaelmas 1446 nisi prius they come before Thomas Fulthorp at [lost] on 6 October 1446. Parties came, TF sent record that on that day, before him and Christopher Horbury, parties came, jury came. WM claimed that the jury panel had been arrayed by Thomas Mullyng, under-sheriff of Essex, in favour of the plaintiffs. Accepted as true. Sheriff of Essex to have new jury here at octave of Hilary 1447, provided that the under-sheriff has no involvement.

Postea text: Document returned to RD, TF quit.

Postea text: Document delivered to TF, RD quit.

Case notes: Continued on CP 40/739 rot 334.

Court of Common Pleas, CP 40/738, rot. 535

Term: Trinity 1445
County: Yorkshire
Writ type: Trespass (against statute)
Damages claimed: 100m
Case type: Breach of Statute; Embracery; Maintenance; Real action / rents / damage to real estate

Pleading: Thomas Percy, citing the terms of statutes against maintenance and embracery, states that John Spencer, John Worsop, John Northey, Hugh Riche, Simon Sely, John Bagworth, Richard Fuller, Richard Kylfole, John Werk and William Petevyle were jurors in an assize of fresh force brought by him in the king's court in the Guildhall in London before Nicholas Yoo and Hugh Dyke, former sheriffs of London, and afterwards before Robert Marchall and Philip Malpas, former sheriffs, against William Pountfret, his wife Alice, Thomas Knolles, Henry Hale, Edward Tyrell, Thomas Tyrell, John Lematon, Thomas Bataill and William Moyle, regarding tenements in St Giles without Cripplegate in the suburbs of London. He states that at Etton by Leconfield, on 1 July 1439, each of these jurors received from William Pountfret 4m, together with food and drink, in return for giving their verdict in his favour. This was against the form of the ordinance, in contempt of the king and to hid damage of 100m.

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

Case notes: For the case against Pountfret, see rot 459d.

Court of Common Pleas, CP 40/738, rot. 541d

Term: Trinity 1445
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Trespass (chattels)

Pleading: Richard Lovelas amerced for many defaults. Margery, formerly wife of William Burton, Robert Marchall, Richard Phelypp and Richard Lee state that on 13 July 1439, Richard Lovelas forcibly broke their close at Kingsdown, and destroyed their grass to a value of £20. This was against the peace, and to their damage of £20

Pleading: RL granted licence to imparl to quindene of Michaelmas, with assent of plaintiffs.

Pleading: [continued on CP 40/739, rot 584 (Michaelmas 1445). Pleading damaged and incomplete.] RL denies force and arms. Parties place themselves on the country. Regarding the rest, he states that they ought not maintain their action, since Richard, Duke of York, was formerly seised of the manor of Kingsdown, and demised this to RL, to hold from Michaelmas 1441 for twenty years, and thus seised he entered the places where this trespass was alleged to have occurred, as seemed his right, and not that he committed this trespass before that said feast of Michaelmas 1441.

Pleading: The plaintiffs, not acknowledging anything said by RL, state that he is responsible for committing this trespass before that said feast of Michaelmas 1441. Enquiry on the country. Sheriff to have jury here at octave of Hilary.

Case notes: Continued on CP 40/739, rot 584 (Michaelmas 1445), although pleading damaged. See also related case on CP 40/739 rot 582.

Court of Common Pleas, CP 40/738, rot. 541d

Term: Trinity 1445
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Housebreaking; Taking of goods; Trespass (chattels)

Pleading: John Hale and Edmund Hale state that on 11 July 1442 John Aleyn forcibly broke their close at Bromley by Farnborough, cut and took ten cartloads of hay worth 10m, destroyed his grass and depastured his animals, against the peace and to his damage of 20m.

Pleading: JA granted licence to imparl to quindene of Michaelmas, with assent of plaintiffs.

Case notes: Identical case on CP 40/739, rot 611, except value of damage £10 rather than 10m.

Court of Common Pleas, CP 40/738, rot. 549d

Term: Trinity 1445
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John Stannard states that on 29 May 1443 John Teysdale made bond with him in 100s, payable at the feast of St Thomas the Martyr. JT has paid 60s of this, but has not paid the remaining 40s, to his damage of 40s. He shows the bond in court.

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

Court of Common Pleas, CP 40/738, rot. 549d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Brewester and Richard Lyndesay state that on 26 November 1432 John Style, now deceased, made bond with them in £6 4s, but did not pay, and neither has Margaret, his widow and executor after his death, or Thomas Gye after his marriage to Margaret. This is to their damage of 100s.

Pleading: TG and MG granted licence to imparl to quindene of Michaelmas.

Pleading: [continued on CP 40/739, rot 582d (Michaelmas 1445)] TG and MG state that they ought not owe this debt by virtue of this bond, since at the time JS was under such great threats of life and limb from WB and RL, in St Gregory's parish in Castle Baynard ward, London, that he made this bond with them out of fear and under duress.

Pleading: WB and RL state that JS made the bond freely and not from fear of death or other threats. Enquiry on the country. Sheriff to have jury of St Gregory's parish, Castle Baynard ward, here at octave of Hilary.

Postea text: [on CP 40/739) Sheriff did not send writ, sicut prius to quindene of Easter.

Case notes: Continued on CP 40/739 rot 582d (Michaelmas 1445).

Court of Common Pleas, CP 40/738, rot. 549d

Term: Trinity 1445
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: Simon Eyre states that on 17 February 1441 Thomas Colt made bond with him in 100s, but has not paid, to his damage of 40s. He shows the bond in court.

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

Court of Common Pleas, CP 40/738, rot. 550

Term: Trinity 1445
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: Robert Hoton states that on 21 July 1442, he delivered for safe-keeping to John Haywode, by the hands of John Selby a certain document which stated that Richard Selby, clerk, and Robert Wareyn, valet of the chamber to Humphrey, Duke of Gloucester, released to Robert Hoton all their claims to a messuage, 103 acres of land, 5 acres of pasture and 2 acres of wood in North Mimms. This was to be returned on request, but JH has refused to return it, to his damage of £200.

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

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

Case notes: For similar case from John Selby on this matter see CP 40/737, rot 312 (Easter 1445).

Court of Common Pleas, CP 40/738, rot. 550d

Term: Trinity 1445
County: London
Writ type: Other
Damages claimed: £10
Case type: Contract (general); Real action / rents / damage to real estate

Pleading: William Skypwyth states that on 3 March 1445, in St Benet, Paul's Wharf in London, he bought from Lawrence Heder and John Bedyll a certain messuage with appurtenances in Hammersmith, on condition that within four days they would enfeoff him and his heirs of this land according to their agreement. However, they have refused to make this enfeoffment, to his damage of £10.

Pleading: LH and JB granted licence to imparl to octave of Michaelmas.

Pleading: [continued on CP 40/739, rot 335 (Michaelmas 1445)] LH and JB state that the action should cease, as he was supposed to come within 2 weeks and pay £12 to receive the enfeoffment, but he never came, and did not pay the £12. [This pleading is badly damaged and incomplete, and the sense difficult to reconstruct with certainty.]

Pleading: WS states that he came to the messuage within that 2 week period and offered to pay the £12, but they refused to receive it.

Pleading: LH and JB, protesting that WS never came within those two weeks, say that he did not offer them the said £12. Both parties on country. Sheriff of Middlesex to have jury of Hammersmith here at octave of Martinmas.

Postea text: [on CP 40/738] Parties come, LH and JB state that the writ is faulty as it does not specify the county in which the property lay. They seek judgment on the writ. The court sees that this is true. Order that WS take nothing for his writ, but is amerced.

Case notes: Continued on CP 40/739, rot 335.