CP40/742: Trinity term 1446

Court of Common Pleas, CP 40/742, rot. 103

Term: Trinity 1446
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Contract (service/employment); Debt

Pleading: Thomas Croft states that on 9 January 1443 Nicholas Tomson retained him to celebrate divine service and pray for the soul of John Touceter for one year, taking 10m payment for that time. He has been paid 5m of this, but has not received the remaining 66s 8d, to his damage of £10.

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

Pleading: [continued at Hilary 1447, rot 109] NT states that, regarding 26s 8d of this 66s 8d, he does not owe this or any money as claimed. Both parties on the country. Sheriff to have jury here at Easter one month. And regarding the remaining 40s, he states that he does not owe this or any money as claimed. Seeks to wager his law.

Pleading: TC states that the plea of NT regarding the 40s is not sufficient to preclude him from his action, and seeks judgment and damages.

Pleading: NT states that his request to make his law is sufficient, and that TC should be precluded, as he refused this, and he seeks judgment. As the justices wish to be advised on their judgment, day is given at the same term. Same pledges named for defendant.

Postea text: Process continued, jury in respite to octave of Michaelmas 1447, nisi prius they come before John Portyngton at St Martin le Grand on 6 July 1447. On this day, parties came, justices sent record that on that day, before JP and Thomas Folketon, parties came, some of jury came, some did not come. Jury in respite to octave of Hilary, as did not come.

Postea text: Parties came. Concerning the judgment, day is given at quindene of Easter.

Postea text: Days given at octave of Michaelmas 1447 and octave of Hilary 1448.

Postea text: 4 further days given, to quindene of Easter 1449.

Case notes: Continued on CP 40/744, rot 109.

Court of Common Pleas, CP 40/742, rot. 103d

Term: Trinity 1446
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: John Bryd states that on 20 June 1442 Isabella Wymbeldon accounted before William Wymbeldon and Thomas Barowe, auditors, for various moneys received by her for JB, and was found to be in arrears by 40s. However, she has refused to pay this, to his damage of 100s.

Pleading: IW states that she never accounted with JB as he claims. Both parties on the country. Sheriff to have jury here at [omitted]. Pledges named.

Court of Common Pleas, CP 40/742, rot. 106d

Term: Trinity 1446
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Contract (service/employment); Debt

Pleading: William Colyns states that on 20 May 1432 John Colyns, the testator, retained him to prosecute a case for the parishioners of North Curry in the court of Thomas (sic), former Archbishop of Canterbury, in the church of St Mary le Bow in London, between the parishioners of North Curry and the parishioners of Stoke St Gregory in Somerset, regarding the closure of the cemetery of the church of St Peter and St Paul at North Curry. WC prosecuted this suit, for which he states he is entitled to 10m, but JC did not pay this, and nor has Agnes, the executor of JC, nor AB, her present husband, to his damage of £10.

Pleading: Alexander and Agnes Bocher granted licence to imparl to quindene of Michaelmas.

Court of Common Pleas, CP 40/742, rot. 107

Term: Trinity 1446
County: London
Writ type: Debt (loan); Debt (other)
Damages claimed: £10
Case type: Loan; Real action / rents / damage to real estate

Pleading: William Braybroke states that at All Saints 1438 he demised to John Bretwold a certain house in the parish of St Margaret, Bridge ward, London, to hold for one year at a rent of £6 2s 4d. Although he held this property for this period, he has not paid this sum. Also, on the same day JB borrowed a further 100s from him, payable on request, but he has not paid this debt either, to his damage of £10.

Pleading: Regarding the debt of 100s, JB states that he does not owe this or any money as claimed. Order that he wager his law, which he does immediately. WB amerced for false claim, JB sent without day. And regarding the debt of £6 2s 4d, he states that WB never demised the property to him as he claimed. Both parties on the country. Sheriff to have jury here at quindene of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/742, rot. 109

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Dunstall and William Dunstall, executors of John Coryngham, state that on 8 September 1438 Thomas Lerbek made bond with John Coryngham and a certain John Bridbrok, now deceased, in £20, but did not pay them during their lifetimes, or JC after the death of JB, or the executors of JC, to their damage of 20m. They show in court the bond, and the testamentary letters of JC by which they have administration.

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

Court of Common Pleas, CP 40/742, rot. 110

Term: Trinity 1446
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Housebreaking; Taking of goods

Pleading: Thomas Burgeys states that on 20 June 1442 John Frensh, together with William Goddestok and John Bylby, forcibly broke his close at Graveney and took 36 sheep, worth 100s, against the peace and to his damage of 10m.

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

Pleading: [continued at Michaelmas 1446, rot 309] JF states that the case ought not continue, as on 10 October 1445 WG paid TB 20s in full recompense for this trespass, which TB accepted.

Pleading: TB states that WG did not pay his this 20s in full satisfaction of this trespass, as claimed by JF. Enquiry by the country. Sheriff of London to have jury of St Nicholas Shambles, Farringdon ward within, here at octave of Martinmas. Pledges named.

Case notes: Continued on CP 40/743, rot 309. See also CP 40/739, rot 541, for identical case involving 35 sheep.

Court of Common Pleas, CP 40/742, rot. 110

Term: Trinity 1446
County: London
Writ type: Debt (account)
Damages claimed: £20
Damages awarded: 20s
Case type: Reckoning of account

Pleading: John Maldon states that on 23 March 1440 Richard Fax accounted before Richard Wyldebore and William Balky for various sums of money received by him for JM, and was found to be in arrears by £9 10s 6d. However, he has refused to pay this sum, to his damage of £20.

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

Postea text: JM came, RF did not come, in default. JM to recover debt, and damages of 20s. RF amerced. Take the mainpernors.

Court of Common Pleas, CP 40/742, rot. 111

Term: Trinity 1446
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods

Pleading: John Wotton states that Thomas Hynkeley, through his servant John Gryffyth, made to take 100 sheep from his two acres of land called 'Longeberne' in Rotherhithe, and when he, according to the law of the land, impounded these sheep, on 8 October 1443 he forcibly broke his park and took these sheep away. This was against the peace, and to his damage of £10.

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

Postea text: 23 further licences to imparl, to octave of Trinity 1452.

Court of Common Pleas, CP 40/742, rot. 115

Term: Trinity 1446
County: Middlesex
Writ type: Debt (loan)
Damages claimed: £20
Case type: Loan

Pleading: Robert Drax states that on 10 July 1443 Robert Laurence borrowed 40s from him, payable on request, but has not re-paid this, to his damage of £20.

Pleading: RL granted licence to imparl to Michaelmas one month.

Court of Common Pleas, CP 40/742, rot. 116

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: David Brounyng and John Brook, executors of Thomas Dryffeld, state that on 16 January 1428 Richard Grey, now deceased, made bond with TD in £114 2s 3d. However, he did not pay TD or his executors, and nor has his widow and executor Margaret, or Thomas Grey after his marriage to MG, who still detain the sum to their damage of £200. They show the bond in court, and the testamentary letters of TD, by which they have administration.

Pleading: TG and MG state that they ought not owe this debt, as they have made full administration of all goods held by RG on the day of his death, and on the day of the original writ had nothing remaining by which they could pay this debt.

Pleading: DB and JB state that on the day of their original writ, namely 12 May 1445, TG and MG did still have un-administered goods in their possession sufficient to pay this debt, namely in the parish of St Edmund, London (ward name omitted from pleading). Enquiry by the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: Sheriff did not send writ, sicut prius, to octave of Hilary 1447.

Court of Common Pleas, CP 40/742, rot. 117

Term: Trinity 1446
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Abduction

Pleading: William Lacche states that on 5 October 1444 William Hydeman forcibly abducted John Pascall, servant of WL in his service at Colchester, by which he was deprived of his service for a long time, namely [omitted]. This was against the peace, and to his damage of £40.

Pleading: WH granted licence to imparl to octave of Michaelmas, with assent of WL.

Case notes: Counter plea by Hydeman on rot 117d.

Court of Common Pleas, CP 40/742, rot. 117d

Term: Trinity 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Abduction

Pleading: William Hydeman states that on the feast of St Paul 1445, in London, William Lacche forcibly abducted his apprentice John Pascall, against the peace and to his damage of £10.

Pleading: WL granted licence to imparl to quindene of Michaelmas, with assent of WH.

Case notes: Counter plea by Lache on rot 117.

Court of Common Pleas, CP 40/742, rot. 117d

Term: Trinity 1446
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Contract (service/employment)

Pleading: John Hilly states that on 7 November 1429 Henry Husee retained him to serve as his attorney in the Common Bench, on various matters, at an annual fee of 13s 4d. He served as his attorney for 12 years from that date, for which he should have been paid 12m. However, HH has not paid this sum, and still refuses, to his damage of £10.

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

Case notes: Event said to have occurred in St Peter's parish in Cheap ward; presumably St Peter Westcheap.

Court of Common Pleas, CP 40/742, rot. 118d

Term: Trinity 1446
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Maintenance

Pleading: John Hille, citing the terms of the statute against maintenance, states that on 4 February 1446, John a Wille unlawfully maintained the suit of a certain John Auntrons in a case being pleaded in the king's court before the justices of the Bench regarding a debt of £18 6s 8d which JA owed to JH. This was against the form of the statute, in contempt of the king and to his damage of £40.

Pleading: John a Wylle granted licence to imparl to octave of Michaelmas.

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

Court of Common Pleas, CP 40/742, rot. 121

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John Acre states that on 10 May 1442 Richard Schete bought from him 240lb of pepper, 100lb of almonds, 48lb of currants ('racenorum corencie'), two reams of writing paper and two reams of ordinary paper ('papiri expendibilis'), for £19 10d. He has been paid £8 10d of this, but RS has not paid the remaining £11, to his damage of £20.

Pleading: RS states that he does not owe this or any money as claimed. Wagers his law immediately. JA amerced for false claim, RS sent without day.

Court of Common Pleas, CP 40/742, rot. 122

Term: Trinity 1446
County: London
Writ type: Other
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: John Shopman states that on 10 September 1444, in London, he hired Thomas Wyberd to carry goods and chattels weighing 2200lb, namely hangings ('alleum'), felt ('fultra'), cloaks ('penulas') and bedding from the parish of St Michael Cornhill in London to Barnwell in Cambridgeshire, and another 2200lb of goods, namely linen and woollen cloth, cloaks and bedding back from Barnwell to St Michael Cornhill, London. The goods were to be taken to Barnwell by 11 September, and the others brought to London by 18 September. However, TW did not transport these goods in this time, to his damage of £20.

Pleading: TW, protesting that this matter is not sufficient in law to maintain this action, and thus he is not required to answer, states that he did not agree to transport these goods in the manner claimed by JS in his writ. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas. Pledges named for defendant.

Case notes: Doesn't actually give place where agreement was made, but possibly St Michael Cornhill.

Court of Common Pleas, CP 40/742, rot. 126d

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Safe keeping

Pleading: John and Alice Clampard state that on 5 March 1445 Alice, while she was a single woman, delivered to Wiiliam Keye for safe-keeping certain goods worth £20, namely 8oz of unminted silver, two silver salt-cellars, one silver bowl and 11 silver spoons, to be returned on request, but he now refuses, to their damage of £10.

Pleading: WK states that he does not detain these goods or any part of them as claimed. Order that he wager his law at the quindene of Michaelmas. Pledges named for law, and for his appearance.

Court of Common Pleas, CP 40/742, rot. 129

Term: Trinity 1446
County: London
Writ type: Debt (account)
Damages claimed: 20m
Case type: Reckoning of account

Pleading: Thomas Crosse states that on 6 October 1440 Simon Fulsham accounted before John Pyers and William Jamys for various sums of money received by SF for TC, and was found to be in arrears by 5m 6s 8d. However, SF has refused to pay this, to his damage of 20m.

Pleading: SF states that he never accounted before these auditors as claimed. Both parties on the country. Sheriff of London to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/742, rot. 130d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £50
Case type: Bond; Imprisonment

Pleading: Thomas Canynges states that on 7 November 1443 John Malton made bond with him in £45 18s. JM has paid £5 18s of this, but has not paid the remaining £40, to his damage of £50. He shows the bond in court.

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

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

Postea text: Writ arrived too late, sicut prius, to octave of Martinmas.

Case notes: Possibly continued from Easter 1446, rot 414d, but damages claimed there only £40. However, damages figure here appears to have been altered.

Court of Common Pleas, CP 40/742, rot. 131

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 26s 8d
Case type: Bond

Pleading: John Maior states that on 13 February 1440 John Neuport made bond with him in £40, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JN granted licence to imparl to morrow of Martinmas, with assent of JM. Pledges named.

Postea text: 2 further licences to imparl, to Easter three weeks, with assent.

Postea text: JM came, JN did not come, in default. JM to recover debt, and damages of 26s 8d. JN amerced.

Court of Common Pleas, CP 40/742, rot. 136

Term: Trinity 1446
County: Essex
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: John Markeshale states that on 21 March 1440 Thomas Acrys made bond with him in £11 17s 4d. He has been satisfied of 17s 4d, but TA has not paid the remaining £11, to his damage of £10. He shows the bond in court.

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

Pleading: JM denies this, stating that at the time of the bond TA 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 octave of Michaelmas. Pledges named.

Postea text: JM came by Thomas Adams, attorney, TA did not come, in default. Jury in respite to quindene of Easter, as did not come. Sheriff to take him.

Postea text: Parties come, sheriff did not send writ, to quindene of Martinmas. At which day jury placed in respite to octave of Hilary.

Court of Common Pleas, CP 40/742, rot. 137

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: William Paule states that on 20 July 1428 John Kederowe made bond with him in £25, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JK states that this bond was not of his making. Both parties on the country. Sheriff to have jury here at octave of Michaelmas. Pledges named. Document to remain in custody of Robert Darcy, clerk of the Bench, for safe-keeping.

Postea text: Document returned to the plaintiff, as the case is discontinued. RD quit.

Court of Common Pleas, CP 40/742, rot. 138

Term: Trinity 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £200
Case type: Abduction; Taking of goods

Pleading: Philip Malpas states that on 17 December 1445 Raphael de Aurea and Christopher Lummelyne forcibly took and carried off £40 in cash belonging to him, and also abducted his servant, Richard Chaumburleyn, such that he was deprived of his service from that 17 December until the date of his original writ, namely 1 June 1446. This was against the peace, and to his damage of £200.

Pleading: RA and CL deny force and arms, and all the trespass except the taking of £3 of the aforesaid £40 and the abduction of RC. All parties on the country. And regarding the taking of the £3, they say that PM should not maintain his action, as this £3 was previously the property of RC, who then freely gave it to RA and CL, who in turn gave it into the custody of PM. Then, at the time of the alleged trespass, they took this same £3 back, as seemed right, and they did not intend any harm. And concerning the abduction, they say that they were merchants, and they had merchandise, namely 20 bales of woad and three bales of pepper, held jointly in the house of RA in St Andrew's parish, Lime Street ward, and RC came to that house to view this merchandise. They greeted him, shook his hand, and led him to the merchandise, which is what the plaintiff claims to be the abduction.

Pleading: PM, not acknowledging what the defendants say, states that he should continue his action on these matters. Concerning the £3, he states that this was his property at this time, and they took it forcibly as claimed. And concerning the abduction, they repeat that they forcibly abducted him, and not for the reasons they have given. All parties seek enquiry on the country.

Pleading: RA and CL repeat that at the time of the alleged trespass this £3 was their property, given to PM as they claimed. All parties place themselves on the country. Sheriff to have jury of St Andrew Undershaft here at octave of Michaelmas, of which half should be natives and half aliens.

Court of Common Pleas, CP 40/742, rot. 173

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Richard Glaswas and Lewis John of Hereford (Haverfordwest) in Wales state that on 26 August 1445 John Hill made bond with them in £6, but has not paid, to their damage of 100s. They show the bond in court.

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

Court of Common Pleas, CP 40/742, rot. 173

Term: Trinity 1446
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £10
Damages awarded: 20s
Case type: Bond; Loan

Pleading: John Horne states that on 8 December 1445 Thomas Bonsand made bond with him and a certain Simon Bryggeman, now deceased, in 9m, and also borrowed from them a further 6s 8d, payable on request. However, he has not paid any of this debt, either before or after SB's death, to his damage of £10. He shows the bond in court.

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

Postea text: JH came, TB did not come, in default. JH to recover the debt, and damages of 20s. TB amerced.

Postea text: Pledges come, seek to make fine with the King, which they do at 2s each, by pledge of John Waryn and John Hervy.

Court of Common Pleas, CP 40/742, rot. 173d

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: John Harwe states that on 23 July 1443 John Aubry bought from him 4 pieces of linen 'champayn' cloth, 6 pieces of linen 'Brabant' cloth and 1 piece of linen 'canvas' cloth for £14 13s 4d, payable on request. However, he has not paid, to his damage of £10.

Pleading: JA states that he does not owe this or any money as claimed. Order that he wager his law at quindene of Michaelmas. Pledges for law named. Pledges for appearance also named.

Court of Common Pleas, CP 40/742, rot. 173d

Term: Trinity 1446
County: London
Writ type: Debt (loan)
Damages claimed: £20
Damages awarded: 40s
Case type: Loan

Pleading: John Taylour, executor of Alice Galyot, former wife and executor of Thomas Galyot, states that on 3 March 1434 Roger Talbot borrowed 10m from Thomas Galyot, payable on request. However, RT did not pay TG, or his widow and executor AG, nor JT the plaintiff, and still detains this sum, to his damage of £20. He shows the testamentary letters of AG, by which he has administration, and those of TG, by which AG had administration.

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

Pleading: [continued at Michaelmas 1446, rot 216d] RT states that he does not detain this or any money as claimed. Order that he wager his law at quindene of Hilary, pledges named.

Postea text: [CP 40/743, rot 216d] JT came by attorney, RT made essoin, to quindene of Easter.

Postea text: JT came, RT did not come to wager his law. JT to recover debt of 10m, and damages of 40s. RT amerced.

Case notes: Continued on CP 40/743 rot 216d.

Court of Common Pleas, CP 40/742, rot. 183d

Term: Trinity 1446
County: Lincolnshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Barwyk and Thomas Wyllyford state that on 18 October 1443 Richard Gover made bond with them in £36 12s 8d. They have been satisfied of £23 6s, but RG has not paid the remaining 20m, to their damage of £20. They show the bond in court.

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

Court of Common Pleas, CP 40/742, rot. 183d

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Barwyk and Thomas Wyllyford state that on 20 July 1444 William Hawkyn bought from them 20 sheep for 40s, but has not paid, to their damage of 100s.

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

Postea text: Two further licences to imparl to Easter three weeks 1447, with assent of plaintiffs.

Court of Common Pleas, CP 40/742, rot. 218d

Term: Trinity 1446
County: Northamptonshire
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Bellers, Thomas Billyng and Peter Caldecote state that on 13 April 1443, at [omitted], Henry Banastre made bond with them in £100, but has not paid, to their damage of £40. They show the bond in court.

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

Court of Common Pleas, CP 40/742, rot. 302

Term: Trinity 1446
County: Middlesex
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: William Person states that on 10 January 1446 John Gest accounted before John Stavele and Thomas Skidmore for various sums of money received by JG for WP, and was found to be in arrears by 46s 8d. However, JG has not paid this sum, to his damage of 100s.

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

Court of Common Pleas, CP 40/742, rot. 302d

Term: Trinity 1446
County: London
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: 10m
Case type: Real action / rents / damage to real estate; Sale of goods

Pleading: Henry Lok states that on 3 May 1439 William Ocrist bought from him 30 pairs of silk gloves? ('tyres'/'cyres'?) for 100s, payable on request, and on the same day he demised to WO a room in the parish of St Benet Fink, London, to hold for 6 years, at an annual rent of 3s 4d. WO occupied the room for that 6 years, for which he owed 20s rent. However, he has not paid either debt, totalling 9m, to his damage of 10m.

Pleading: Concerning the 100s debt, WO states that he does not owe this or any money as claimed. Ordered to wager his law, which he does immediately. HL amerced for false claim. And concerning the other 20s, he states that HL did not demise that room to him as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/742, rot. 305d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 26s 8d
Case type: Bond

Pleading: Henry Lynby states that on 12 November 1442 Arthur Brook made bond with him and a certain William Malbon, now deceased, in £4 11s 3d, but has not paid, to his damage of £20.

Pleading: AB states that HL ought not maintain his action, as on 21 December 1442, at Rothwell, WM, by an acquittance which he shows in court [recited], acknowledged receipt of £9 2s 6d, by which AB is quit. He is prepared to verify this, and seeks judgment if HL maintains his case on the aforesaid £4 11s 3d.

Pleading: HL, not acknowledging that the release was made by WM, states that he does not need to answer this plea, and seeks judgment and the debt and damages.

Pleading: AB states that since his plea was sufficient in law to preclude HL from his action, and that HL has not replied, he seeks judgment and that the action cease. Justices seek advice, day given at octave of Michaelmas.

Postea text: HL comes, AB does not come, in default. HL to recover debt, and damages of 26s 8d. AB to be taken.

Postea text: AB committed to the Fleet.

Postea text: HL acknowledged satisfaction of debt and damages. AB quit, and to be delivered from prison. AB seeks to make fine with the king, granted, in [amount omitted]. Sureties named.

Case notes: Pleading gives date of release as 1 December, but release, when recited, says 21 December.

Court of Common Pleas, CP 40/742, rot. 306

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: Henry, Cardinal of England and Bishop of Winchester, states that on 9 December 1437 William Flete made bond with him in £1000. However, WF did not pay this during his lifetime, and nor have the defendants and their fellow executors after his death, to his damage of £200.

Pleading: The defendants state that they cannot deny this action, nor that the bond was made of WF. The cardinal seeks judgment. Order that he recover the debt and damages against the executors, from the goods and chattels formerly of WF. The Cardinal remits any damages.

Court of Common Pleas, CP 40/742, rot. 306d

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: William Mylys states that on 12 July 1440 he delivered to John Watkyns two documents for safe-keeping. In one of these documents, WM was bound to a certain William Hanworth in £40, while in the other WH was bound to him in the same amount. These were to returned on request, but JW has refused, to his damage of £100.

Pleading: JW delivers the documents into court, to be delivered to whoever the court decides, and says that the bonds were delivered to him jointly by both WM and WH, to be returned under certain conditions, but whether those conditions have been fulfilled on the part of WH is unaware. He asks that WH be warned. Order to the sheriff of to warn WH to be here at the quindene of Michaelmas, to show any cause why the documents should not be returned to WM.

Postea text: Sheriff states that WH has nothing, and is not found. Shown in court that WH has sufficient in Hertfordshire. Sheriff of Hertfordshire to warn WH to be here at quindene of Hilary.

Postea text: WM came, WH did not come, sheriff sends that WH had been warned to appear. WM to recover documents from JW, by default.

Postea text: WM acknowledged receipt of the documents. JW quit.

Court of Common Pleas, CP 40/742, rot. 307d

Term: Trinity 1446
County: London
Writ type: Debt (account)
Damages claimed: £20
Damages awarded: 6s 8d
Costs: 60s
Case type: Reckoning of account

Pleading: John Fastolf states that on 12 October 1442 John Todworth accounted before William Dorset and Nicholas Bokkyng, auditors, for various sums of money received by him for JF, and was found to be in arrears by £13. However, he has not paid JF this sum, and refuses, to his damage of £20.

Pleading: JT states that he did not account before these auditors as claimed by JF. Both parties on the country. Sheriff to have jury here at octave of Michaelmas. Pledges named.

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

Postea text: Process continued, jury in respite to octave of Trinity 1447, nisi prius they come before Richard Neuton at St Martin le Grand on 16 May 1447. JF came, Justices sent record that on that day, before RN and John Danyell, parties came, jury came, said that JT did account as JF claimed. Damages assigned to JF at 6s 8d, expenses at 26s 8d. JF to recover debt of £13, damages assigned by jury at 33s 4d, and further 33s 4d assigned by justices.

Court of Common Pleas, CP 40/742, rot. 309d

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: William Sandes, by William Ludlowe his guardian, states that Walter Sandes, his grandfather, whose heir he is, formerly possessed a casket and a chest, each containing certain documents, and on 20 October 1431 he delivered them to William Cheyne, the testator, for safe-keeping, to be returned to Walter or his heirs on request. Walter later died, and WC, after appointing William Sond, Thomas Lucy and Margaret, now the wife of Edward Pyryan, as his executors, also then died, and the chests came into the hands of these executors. The chest should now pass to William Sandes, but neither Cheyne nor his executors have returned them, and the executors now refuse, to the damage of William Sandes of £100.

Pleading: William Sond and Thomas Lucy, executors of William Cheyne, and Edward Pyryan and his wife Margaret, co-executor, state that they cannot deny the action of William Sandes, and that Walter S delivered the chests and documents to WC for safe-keeping, to be returned on request. They offer to deliver it in court. Order that William Sandes recover the chests and documents, and they are delivered. Executors and EP quit.

Court of Common Pleas, CP 40/742, rot. 327d

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods

Pleading: William Horn states that on 1 May 1439 Simon Horn, his father, delivered a sealed chest (also described as a bag) containing various documents to Letitia, while she was a single woman, for safe-keeping, to be returned to SH or his heirs on request. However, neither Letitia nor her new husband, Robert Catesby, have returned this, either to his father or himself, to his damage of £40.

Pleading: RC and LC granted licence to imparl to quindene of Michaelmas, with assent of WH.

Court of Common Pleas, CP 40/742, rot. 329

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Russell states that on 24 October 1443 William Plomer bought from him two bales of woad for £4 5s, payable on request, but did not pay, to his damage of 100s.

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

Pleading: [continued on CP 40/743, rot 133 (Michaelmas 1446)] WP states that he does not owe WR this or any money as claimed. Order that he wager his law at quindene of Hilary 1447, pledges for law named.

Postea text: [On CP 40/743 rot 133] WP made essoin, to Easter 3 weeks.

Postea text: WP came, WR did not prosecute his writ. WR and pledges amerced. WP sent without day.

Case notes: Continued from CP 40/740, rot 475. Continued on CP 40/743 rot 133.

Court of Common Pleas, CP 40/742, rot. 329

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: Thomas Pynchon states that on 10 March 1444 Thomas Pynchon, his father, delivered to Richard Priour for safe-keeping a certain chest containing various documents, namely one charter by which John Shiplake, Robert Warener, William Twyer, William Weston, John Wakeryng and William Steward gave to TP the father and his wife Alice and the heirs of their bodies the manor of Barrow Hall (in Little Wakering, 'Baroughalle') in Essex, and other documents relating to that manor, all to be returned on request. TP the father and AP died, and the manor descended to TP the plaintiff, as son and heir of TP and AP, and he also claims possession of the chest and documents. However, RP has not delivered it, and refuses, to his damage of £100.

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

Postea text: 3 further licences to imparl, to quindene of Trinity 1447.

Court of Common Pleas, CP 40/742, rot. 333d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: John Fastolf states that on 10 January 1444 John Clyfton made bond with him in 200m, but has not paid, to his damage of £200. He shows the bond in court.

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

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

Court of Common Pleas, CP 40/742, rot. 336d

Term: Trinity 1446
County: Kent
Writ type: Trespass (against statute)
Damages claimed: £1000
Case type: Breach of Statute; Maintenance

Pleading: Robert Bernys and Thomas Petillesdene amerced for many defaults. Thomas Kyryell, John May, John Saltby and Thomas May, citing the terms of the statute against maintenance, state that on 14 March 1446, Robert Berneys, Thomas Petillesdene and John Harowe, unlawfully maintained a case of novel disseised brought before John Fortescu, John Fray and Robert Danvers and their fellows, justices of assize at Deptford, by Margery Brenchele and John Brenchele against the plaintiffs and John Mongeham, now deceased, concerning tenements in Benenden and Rolvenden, namely a messuage, sixteen tofts 219 acres of land, 100 acres of meadow, 50 acres of pasture and 200 acres of wood, maintaining and sustaining the suit on behalf of MB and JB, in contempt of the king, against the form of the statute and to their damage of £1000.

Pleading: RB, TP and JH granted licence to imparl to octave of Michaelmas, with assent of plaintiffs.

Court of Common Pleas, CP 40/742, rot. 336d

Term: Trinity 1446
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: William Tounlond, executor of the will of Richard Osbarn, himself the executor of John Charleton, states that on 20 December 1439 William Bridlyngton forcibly took a certain document from him, namely the will of John Charleton, in his possession as executor of the will of Charleton's executor, Richard Osbarn. This was against the peace, and to his damage of £40.

Pleading: [continued at Michaelmas 1443, rot 123] WB denies responsibility for this trespass. Enquiry on the country. Sheriff to have jury here at morrow of Martinmas. Pledges named.

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

Case notes: Continued on CP 40/743, rot 123. For another alleged theft see CP 40/745, rot 122.

Court of Common Pleas, CP 40/742, rot. 339

Term: Trinity 1446
County: London
Writ type: Debt (bond); Detinue
Damages claimed: £20
Case type: Bond; Detention of goods; Safe keeping

Pleading: Walter Brigger and John Argleston, executors of John Drewry, himself the executor of John Appelton, vicar of Thame, state that on 17 May 1432 John Appelton of London, testator, made bond with JA the vicar in £8, of which he only paid 40s. Also, on 10 May 1434, JA the vicar delivered to JA of London for safe-keeping chattels worth 40s, namely one book on the explanation of the gospels ('expositione evangelicorum'), and one psalter, to be returned on request. However, neither JA of London or his widow and executor, Margaret (the defendant), has not returned these books or paid the remaining £6, not to JA the vicar, or to JD, or to the executors of JD, to their damage of £20. They show in court the bond, the testamentary letters of JA the vicar, by which JD had executry and administration, and those of JD, by which they have executry and administration.

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

Pleading: [continued at Michaelmas 1446, rot 127] MA, protesting that she was never executor of JA the draper, and never had administration of any goods formerly of him, states that she never detained these goods from the executors of JD, as claimed. Seeks to make her law immediately, which she does. Order that, concerning these chattels, executors to take nothing or their writ, but are amerced for false claim. MA quit. And concerning the £6 debt, MA states that she was never executor of JA, and never had administration of any of his goods.

Pleading: The executors of John Drury state that MA administered various goods and chattels formerly of JA, namely in London, in the parish of St Sepulchre. Parties place themselves on the country. Sheriff to have jury here at octave of Martinmas.

Postea text: [On CP 40/743, rot 127d] Sheriff did not send writ, to octave of Hilary.

Postea text: Process continued, jury in respite to morrow of St John the Baptist 1447 nisi prius they come before Richard Neuton, chief justice of the Bench, on 19 June at St Martin le Grand. On this day MA came by attorney, justices sent record that on that day, before RN and John Danyell, WB and John Argleston came, as did MA, jury came and said that MA was never executor of JA, and never administered any goods formerly of JA after his death. WB and John Argleston amerced for false claim. MA sent without day.

Case notes: Continued on CP 40/743, rot 127.

Court of Common Pleas, CP 40/742, rot. 339d

Term: Trinity 1446
County: Essex
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 20s
Case type: Bond

Pleading: John Yngowe states that on 17 September 1445 Thomas Kirkeby made bond with him in £10 15s, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: TK granted licence to imparl to octave of Michaelmas, with assent of JY. Pledges named (3 only).

Postea text: JY came, TK did not come, default. JY to recover debt, and damages assigned at 20s. TK amerced.

Postea text: JY acknowledged satisfaction of the debt and damages. TK quit.

Court of Common Pleas, CP 40/742, rot. 340d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Robert Cliderowe states that on 14 June 1445 Henry Inglose made bond with him in £86, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: HI granted licence to imparl to quindene of Michaelmas, with assent of RC.

Postea text: 4 further licences to imparl, to octave of Michaelmas 1447, with assent.

Court of Common Pleas, CP 40/742, rot. 363

Term: Trinity 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: John Wode, John Bere and Richard Lusher state that on 3 November 1445 William Cokke and William Pope forcibly carried off their goods and chattels worth £20, namely 4 silver bowls, two mazers bound with silver, 12 silver spoons, 10 sets of linen sheets, 10 sets of blankets, 10 sets of bedding, 6 tablecloths, 6 towels, 15 barrels, 34 kilderkins, 20 kimnels (vats), 2 large lead vases ('vasa'), 2 large vats, 4 chests, 10 brass ('eneas') jars, 6 dishes and other household utensils, against the peace and to their damage of £40.

Pleading: WC and WP granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/742, rot. 363d

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Safe keeping

Pleading: John Payn states that on 8 March 1440 Nicholas Brent bought from him 3 bales of woad for 10m, payable on request, but has not paid, to his damage of £10.

Pleading: NB granted licence to imparl to Michaelmas one month.

Pleading: [continued at Michaelmas 1446, rot 404d] NB states that he does not owe this or any money to JP as claimed. Both parties on the country. Sheriff to have jury here at octave of Hilary.

Case notes: Continued on CP 40/743, rot 404d.

Court of Common Pleas, CP 40/742, rot. 395d

Term: Trinity 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Taking of goods

Pleading: Alice Walshe states that on 8 October 1445 John and Joan Ede forcibly assaulted her and took her goods worth £10, namely two gowns, one tunic, three hoods and one girdle decorated with silver, against the peace and to her damage of £20.

Pleading: John and Joan Ede granted licence to imparl to octave of Michaelmas.

Pleading: [continued at Michaelmas 1446, rot 315] John and Joan Ede deny force and arms, and all the trespass except the assault and the carrying off of the tunic. All parties on the country. And regarding the rest, Alice W ought not continue her action, since concerning the assault, on that day, in the parish of St Clement Danes, Alice W assaulted them, and they simply defended themselves, and not as claimed by Alice W. They are prepared to verify this, and did not intend any injury. And regarding the taking of the tunic, they state that at the time they were alleged to have taken the tunic, Alice W simply gave it to them to deliver to a certain Agnes Walshe, and they did not take it as she claims.

Pleading: Alice W states that John and Joan Ede did attack her and take the tunic as she claimed. Enquiry on the country. Sheriff to have jury here at octave of Hilary.

Case notes: Continued on CP 40/743, rot 315.

Court of Common Pleas, CP 40/742, rot. 397d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Cecily Buxston, widow of John Buxston, states that on 17 January 1433 William Bacon made bond with her in £12 15s, but has not paid, to her damage of £20. She shows the bond in court.

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

Court of Common Pleas, CP 40/742, rot. 402

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Sale of goods

Pleading: Joan Stykker states that on 11 December 1439 John Smalye made bond with her and her late husband, John, in £25, for merchandise bought from them in the Westminster Staple. However, this debt has not been paid, to her damage of £40. She shows the bond in court.

Pleading: JH and CH granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/742, rot. 403d

Term: Trinity 1446
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: Richard Clarans states that John Rous was his receiver from 20 February 1439 for one year, and during that time, in St Bride's parish, London, received 10s from RC himself and 30s from Roger Dale for the trade and profit of RC. He was to render account for this on request, but he has not done so, and now refuses, to the damage of RC of £20.

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

Court of Common Pleas, CP 40/742, rot. 412

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Ralph Say states that on 5 July 1445 James Janyn made two bonds with him, each in 40s, but has not paid, to his damage of 100s. He shows the bonds in court.

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

Court of Common Pleas, CP 40/742, rot. 412

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John Wotton states that on 10 September 1443 John Launde bought from him 8 yards of scarlet woollen cloth and 2 yards of murrey woollen cloth for 50s 4d, payable on request, but he has not paid, to his damage of 40s.

Pleading: JL states that he does not owe JW this or any money as claimed. Order that he wager his law at octave of Michaelmas, pledges for law named.

Court of Common Pleas, CP 40/742, rot. 412d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Damages awarded: 20s
Costs: 26s 8d
Case type: Bond

Pleading: John Salman and Richard Haywarde state that on 11 July 1439 Robert Bonde made bond with them in £3 4s 3¾d, payable on Christmas Eve next, and another bond in £3, payable at the vigil of Easter next. However, he has not paid, to their damage of 100s. They show the bonds in court (recited, in French).

Pleading: RB states that the plaintiffs ought not have their action, as on 10 January 1443, by a document which he shows in court, Richard Haywarde released and quitclaimed him from all actions, real and personal, pending between them at that time.

Pleading: JS and RH state that this release was not made of RH. Enquiry on the country. RB states that the release was made at Royston in Hertfordshire. Sheriff of Hertfordshire to have jury Royston here at Michaelmas one month. RB appoints William Thurgore as his attorney.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Easter 1447.

Postea text: Process continued, jury in respite to quindene of Trinity 1447. Parties come, jury comes, says that the release was not made of RH. Damages assigned at 20s, costs at 26s 8d. JS and RH to recover debt and damages.

Court of Common Pleas, CP 40/742, rot. 414

Term: Trinity 1446
County: London
Writ type: Detinue
Damages claimed: 60s
Case type: Bond; Detention of goods; Safe keeping

Pleading: William Bokelond states that on 23 March 1445 he delivered to Robert Bale for safe-keeping a certain document, in which it stated that a certain James ('Jacobus') Poge, merchant of Lucca, was bound to him in 60s. This was to be returned on request, but RB has not returned it, and refuses, to his damage of 60s.

Pleading: RB offers the document in court, to be delivered to whichever of WB or JP the court orders, and states that the document was delivered to him by both WB and JP jointly, to be returned to them under certain conditions. He says that he does not know whether these conditions have been fulfilled on the part of JP, and asks that JP be forewarned. Sheriff to inform JP to be here at quindene of Michaelmas to show reason why the bond should not be returned to WB.

Court of Common Pleas, CP 40/742, rot. 414d

Term: Trinity 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Thomas Onhond states that on 17 September 1442 John Fraunceys bought from him one piece of linen cloth called 'Brabant cloth' containing 49 ells, another piece of linen cloth containing 51 ells, another piece of linen cloth called 'Flemish cloth' containing 44 ells, and another piece of linen cloth called 'Flemish cloth' containing 44 ells, another piece of linen cloth called 'Spynall' containing 32 ells, and another piece of linen cloth called 'Busk' containing 42 ells, for the said £12 (sic), but he has not paid the said 110s 7d (sic), to his damage of £10.

Pleading: JF states that he does not owe this 110s 7d to TO or any money as claimed. Order that he wager his law at octave of Michaelmas. Pledges for law named.

Court of Common Pleas, CP 40/742, rot. 418d

Term: Trinity 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: Thomas Waleys, by attorney [name omitted], states that on 19 April 1446 Giles Fous, together with John Coost, forcibly assaulted him in St Botolph without Aldersgate, London, against the peace and to his damage of £10.

Pleading: GF states that at the time of this alleged assault, TW actually assaulted him in the parish of St Michael Paternoster Royal [ward omitted], and he simply defended himself.

Pleading: TW repeats that on that day GF assaulted him without cause in the parish of St Botolph without Aldersgate, against the peace, as he previously stated. Enquiry by the country. Sheriff to have jury of those parishes here at quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/742, rot. 419

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Bernard Justynyan states that on 5 October 1444 John Bale made bond with him in £9 4s 10d, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: JB granted licence to imparl to octave of Michaelmas, with assent of BJ.

Case notes: Case in same terms, but with request for 40s damages, on CP 40/743, rot 139d. May be an amended continuation.

Court of Common Pleas, CP 40/742, rot. 420

Term: Trinity 1446
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: 1000m
Damages awarded: 600m
Case type: Contract (service/employment); Imprisonment

Pleading: Thomas Kuryell states that on 5 March 1446 John Clerk, John Otteley, Richard Halle and John Grey forcibly and without cause took him from the great hall of the king's palace of Westminster and imprisoned him, and kept him detained against the custom of the realm until 1 April 1446, against the peace and to his damage of 1000m

Pleading: JC in person and the other defendants by attorney appear, granted licence to imparl to octave of Michaelmas, with assent of TK. Pledges named.

Pleading: [continued at Michaelmas 1446, rot 621] JC in person and the other defendants by attorney deny force and arms. All parties on the country. Regarding the rest, they say that TK ought not have his action, since JC and JO say that all matters regarding wars and actions overseas pertain to the king's constable, and that on 3 December 1445, in the constable's court held at Westminster in the white hall of the palace, before John, Viscount Beaumont, the king's constable, JC and JO brought a case against TK owed them 750m for their wages for wars overseas, for which John, Duke of Norfolk, Marshal of England, was ordered to summon TK to appear before the constable or his lieutenant in the white hall on 13 December 1445 to answer this claim, which the Marshal did by the hand of John Johnson, his apparitor. On that day, JC and JO came, as did TK, and JC and JO stated that on 4 March 1431, at Gisors in Normandy, TK retained them to serve him as soldiers with 64 men, for nine months, at a cost of 750m. They served TK fully and faithfully with their 64 men for that term, but they were not paid this sum. TK did not reply to this, nor did he deny the charge, so the constable ordered that JC and JO recover the 750m. At their request, the constable ordered the marshal and his lieutenant to arrest TK and keep him in custody so that they can have him before the constable or his deputy in the white hall on 2 April next. Therefore, Robert Wyngfeld, lieutenant of the marshal, at the time of the trespass alleged by TK, arrested TK, and kept him in custody for the period concerned, this arrest and custody being the seizure and imprisonment alleged by TK in his plea.

Pleading: Furthermore, RH and JG state that they are learned in civil law, and were advocates for JC and JO in this matter, and that the arrest and custody was the same seizure and imprisonment claimed by TK.

Pleading: TK, not acknowledging anything said by the defendants, states that after awarding his verdict, the constable ordered that marshal should recover 600m in movable or immovable goods from TK before 1 April next, but that if he did not have goods of this value, he should arrest TK and have him before the constable on 2 April next. By virtue of this the marshal ordered Geoffrey ap Rys and John Stodeley to secure these goods, or to arrest TK if they could not get these. However, the defendants, on 5 March, showed TK to GR and JS, and asked them to arrest him immediately in the great hall and detain him, which they did at their request. GR and JS have since died, and so TK has brought his action against the defendants.

Pleading: Defendants repeat that, after the verdict, the constable ordered the marshal simply to arrest TK, as they claimed. All parties on the country. Since the justices wish to be advised whether the jury should be summoned by the sheriff from the people of the town of Westminster or by the keeper of the palace from his bailiwick, day is given at the octave of Hilary. Pledges named for John Clerk.

Postea text: Four further delays to allow justices to be advised, to Michaelmas one month 1447

Postea text: Process continued, jury in respite to morrow of the Purification 1447. On that day came TK and JC in person, rest of defendants by attorney, jury came and said that the constable did not order the marshal generally to arrest TK, as TK claimed. Damages assigned to TK at 600m. Order that TK recover the damages, and the defendants be taken.

Postea text: Record and process summoned before the king by writ of error, dated 1 February 1448, directed to Richard Neuton.

Postea text: [Final note] Damages 600m, of which Robert Darcy and John Wydeslade clerks £10, Thomas Broun clerk 100s, and 4 criers ('proclamatores') 1m.

Case notes: Continued on CP 40/743, rot 621.

Court of Common Pleas, CP 40/742, rot. 421

Term: Trinity 1446
County: Warwickshire
Writ type: Other
Damages claimed: £1000
Case type: Real action / rents / damage to real estate; Usurpation / abuse of rights

Pleading: John Thruston, Master of the collegiate chapel of Corpus Christi in the parish church of St Lawrence Pountney, London, was summoned to respond to Thomas Shukburgh, on a plea that he allow him to present a suitable person to the church of Napton on the Hill, which is vacant and in his gift. TS states that Adam de Napton was formerly seised of the manor of Napton, to which the advowson of the church pertains, and a messuage and 40 acres of land in Napton in his demesne as of fee, and he presented a certain Robert Napton, who was thus admitted in the time of Edward III. The manor was then granted to Adam, son of Adam, son of Adam de Napton, and the heirs of his body, and he was seised in fee tail. Adam de Napton, knight, then died seised of the messuage and 40 acres, and this also descended to his grandson. RN then died, and the younger AN presented Richard Tysho, and he was instituted during the time of Richard II. AN died, leaving two daughters, Joan and Thomasina, and they divided his estates, the manor passing to Joan and the messuage and land to Thomasina. Joan then died seised of the manor, with issue William, who in turn died seised, leaving issue Thomas Shukburgh. As kinsman and heir of the younger AN, TS seeks the right to present to the church of Napton following the death of Tysho, but Thruston is unjustly impeding him from this, to his damage of [£1000]

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

Pleading: [Continued at Michaelmas 1446, rot 626] JT states that the action ought not continue, as Richard, formerly Earl of Arundel and Surrey, was formerly seised of the advowson of Napton, and presented Richard Tyso [presumably the same 'Richard Tysho' mentioned above], who was admitted, etc, in the time of Richard II. Later, Richard II, by letters patent which JT presents in court, dated 18 February 1385 [CPR 1381-5, pp.527-8], stating that, despite the statute of mortmain, for 40m the earl may grant the advowson of Napton, not held in chief, to Richard, then master, and the chaplains of the college of St Laurence Pountney, in exchange for a certain inn in the city of London formerly of John de Pulteney called 'Pulteneysyn', held of the king in burgage, on condition that either party may re-enter their former property if they are dispossessed by the other. The exchange was then made, notwithstanding the statute. By virtue of this licence, the earl, by a charter, the part of which sealed by the earl JT shows in court, dated 19 February 1385, granted and confirmed the advowson to the master and chaplains of the chapel, in exchange for which the master and chaplains granted by charter the inn to the earl, under the conditions aforesaid. By virtue of these grants, the former master and chaplains were thus seised of the advowson. And afterwards, Pope Urban IV [VI?], by his bull which JT also shows in court, dated at Naples at the great church on 9 April in the 6th year of his pontificate, confirming in it the bull issued by his predecessor, Clement VI, granting permission for John de Pulteney to found the chapel of Corpus Christi in the church of St Lawrence Pountney, for a master and 12 chaplains, and reciting how Pulteney had obtained the advowsons of Napton (Lichfield diocese) and West Tilbury (London diocese) and granted them to this chapel, granted permission for them to receive the gift of the Earl [extensive details of the bull cited]. By virtue of this licence, Richard, the former master, entered into the church and was seised as of the right of the college, and died thus seised; John Thruston was later elected and installed, and he too was seised. The advowson was not appurtenant to the manor of Napton, as TS has claimed.

Pleading: TS states that the advowson of Napton was appurtenant to the manor of Napton as he claimed. Enquiry on the country. Sheriff to have jury here at the octave of Hilary.

Postea text: [On CP 40/743, rot 626] Process continued, jury in respite to quindene of Easter 1448 nisi prius they come before the justices of assize at Warwick on 19 February 1448. Parties come by attorney, justices send record that on that day, before William Ayscogh and John Portyngton, justices, parties came in person, jury came, said that the advowson is independent, as JT claimed, and not dependent on the manor, as TS supposed. They also say that the church is worth £20 per year beyond all burdens, etc. TS amerced for false claim, JT sent without day. JT came on that day by attorney and said that he is and was the parson of Napton and seeks damages, and a writ to the sheriff of Warwickshire to inquire into those damages. Justices wish to be advised, give day to JT at quindene of Michaelmas.

Postea text: Day given to JT at quindene of Hilary.

Case notes: Continued on CP 40/743, rot 626. Damages figure added from continuation. For further details of the case, see VCH Warks, VI, pp.185-6, and William Salt Society, n.s. iii, pp.176-7, which gives an abbreviated (if slightly inaccurate) summary of this pleading.

Court of Common Pleas, CP 40/742, rot. 427d

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Bernewelle states that on 19 March 1445 Robert Ponyngys made bond with him in £6. RP has paid 60s, but has not paid the remaining 60s, to his damage of 100s. He shows the bond in court.

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

Court of Common Pleas, CP 40/742, rot. 428

Term: Trinity 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Lacy states that on 6 January 1445 John May made bond with him in £20 in the parish of All Hallows, Tower ward, London, but has not paid, to his damage of £20. He shows the bond in court.

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

Postea text: JM came, JL did not prosecute his writ. JL and pledges amerced. Find names of pledges.

Court of Common Pleas, CP 40/742, rot. 429

Term: Trinity 1446
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account; Sale of goods

Pleading: John Kyng, Thomas Davy and John Morley, executors of John Kynge, and Richard Nedam and his wife Alice, former wife and executor of John Kynge, state that on 20 February 1442 John Kynge the testator and Nicholas Carrewe accounted for the making of various gowns, hoods and other items made by JK, upon which account NC was found to be in arrears for this work by 58s 7½d. However, he did not pay JK, and has not paid his executors, to their damage of 100s. They show in court the testamentary letters of JK, by which they have executry and administration.

Pleading: NC granted licence to imparl to quindene of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/742, rot. 429d

Term: Trinity 1446
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: Richard Lee states that on 8 November 1435 John Broun bought from him 1lb of cinnamon, 1lb of 'raisins of Corinth', 1lb of sugar-candy and other items for 9s, payable on request, and also borrowed a further 31s [no due date given], but has not paid either debt, to his damage of 100s.

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

Postea text: 4 further licences to imparl to octave of Michaelmas 1447.

Court of Common Pleas, CP 40/742, rot. 430

Term: Trinity 1446
County: London
Writ type: Debt (loan); Detinue
Damages claimed: 40s
Case type: Loan; Safe keeping

Pleading: William Burgeys states that on 10 October 1443 Robert Asshe borrowed 40s from him, payable on request, and on the same day he delivered to RA a horse worth 40s for safe-keeping, also to be returned on request. However RA has not paid the debt or returned the horse, and still detains them, to his damage of 40s.

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

Postea text: 14 further licences to imparl, to quindene of Easter 1450.