CP40/567: Michaelmas term 1402

Court of Common Pleas, CP 40/567, rot. 060

Term: Michaelmas 1402
County: London
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Contract (service/employment)

Pleading: Bishop John, citing the terms of the Statute of Labourers, states that at Easter 1402 he retained William J. to serve him as a cook for one year. However, at Pentecost 1402 WJ left his service prematurely, without reasonable cause or licence etc. breaching the statute etc. Damages are claimed at £40.

Pleading: WJ says that he was retained by the bishop as claimed, but he left at the time stated with the licence and permission of the bishop. Hence, WJ says he withdrew his service with good licence and did not intend any injury etc.

Pleading: Bishop John says that WJ did not have his consent to leave his service and seeks inquiry upon the country, and WJ seeks likewise. Order to the sheriff of Londo to make a jury come in the octave of Hilary term 1403. Pledges are named for the defendant.

Postea text: 1 postea - sheriff did not send the writ so the case is forwarded as far as Easter term 1403.

Court of Common Pleas, CP 40/567, rot. 063

Term: Michaelmas 1402
County: Northamptonshire
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Abduction; Housebreaking; Taking of goods

Pleading: Thomas Sharp claims that John D. broke his house and close at Nether Lyveden, Northamptonshire, carried off 100s worth of his goods and chattels, namely brass jars, and abducted Juliana Sharp who was in his service, by which he lost her service for one week. Damages are claimed at £10.

Pleading: JD denies the trespass and puts himself upon the country, and TS puts himself likewise. Order to the sheriff of Northamptonshire to make a jury come in the octave of Hilary term 1403.

Postea text: 1 postea - the sheriff did not send the writ and so the case is forwarded as far as Easter term 1403.

Court of Common Pleas, CP 40/567, rot. 102d

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 4m
Case type: Bond

Pleading: Richard R. claims that parson John S. owes him £8 18s on a bond. Damages claimed at £10. Bond shown in court.

Pleading: JS says that the bond is not of his making and puts himself upon the country, and RR puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term in one month 1402. Pledges are named for the defendant. The bond is put into the safe keeping of William P., clerk of the court.

Postea text: postea 1 - case respited as far as Martinmas 1402 (11/11/1402) unless first heard at the assize of St. Martin le Grand before justice William R. on 09/11/1402. Also noted that on 8/11/1402 the bond was delivered to justice WR for use at the assize etc.

Postea text: postea 2 - case heard at assize of St Martin le Grand before justice WR and associate justice Thomas S. The jury decides that the bond is of the making of parson JS and so RR is awarded the debt plus damages of 4m. Noted that the bond is given back to clerk WP.

Court of Common Pleas, CP 40/567, rot. 112d

Term: Michaelmas 1402
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: William G., citing the terms of the statute of Labourers, states that on 23 November 1399 he retained Agnes atte Lake to serve him as a common servant for one year. However, before the end of that term, on 18 October 1400, William Asshe withdrew her from his service without permission or licence and retained her, in contempt of the king, against the form of the statute and to his damage of £20.

Pleading: WA, not acknowledging that Agnes was retained by WG, states that before she was allegedly retained by WG, namely at Michaelmas 1399 at Shenley, he retained Agnes to serve him as a common servant for two years, within which period Agnes left his service without permission, but later returned during the prescribed term, and he took her back into his service, as was right.

Pleading: WG says that Agnes was not previously in the employment of WA as claimed and seeks inquiry upon the country, and WA seeks likewise. Order to the sheriff of Hertfordshire to have jury of Shenley here at octave of Hilary 1403. Noted that WA puts John G. in his place concerning this case.

Postea text: 1 postea - the sheriff of Hertfordshire did not send the writ so the case is forwarded as far as Easter term 1403.

Court of Common Pleas, CP 40/567, rot. 116

Term: Michaelmas 1402
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William H. claims that Reginald P. owes him 44s for various furs which RP bought but did not pay for. Damages claimed at 100s.

Pleading: RP says that he does not owe WH 44s nor any other monies and offers to make his law in the quindene of Hilary 1403. Pledges of law named.

Postea text: postea 1 - WH makes essoin, so case forwarded as far as Trinity term 1403.

Postea text: postea 2 - WH does not come to prosecute his suit so he and his pledges are in mercy. RP is without day.

Court of Common Pleas, CP 40/567, rot. 126

Term: Michaelmas 1402
County: Northumberland
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Nicholas B. and Robert K. claim that Henry W. owes them 4m on a bond. Damages are claimed at 100s. Bond shown in court. Noted that the bond does not say where it was made, but the plaintiffs say it was made at Morpeth, Northumberland.

Pleading: HW says that the bond is not of his making and places himself upon the country, and the plaintiffs place themselves likewise. The bond is given to William P., clerk of the court, for safe keeping. Order to the sheriff of Northumberland to make a jury come in the octave of Hilary term 1403.

Postea text: 1 postea - note that on 12/07/1403 the bond was delivered to Thomas T. to be taken before a jury of the country, and WP is quit of it.

Court of Common Pleas, CP 40/567, rot. 132

Term: Michaelmas 1402
County: Suffolk
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 20s
Case type: Bond; Imprisonment

Pleading: Richard W. and Thomas S. claim that Richard B. owes them £20 as the unpaid residue of a £25 bond. Damages claimed at £40. Bond shown in court.

Pleading: RB says that the force of the bond ought not hold because at the time of its making he was imprisoned by RW, TS, and others of in London, parish of St. Mary le Bow, ward of Cordwainer Street. Hence, RB says the bond was made under duress.

Pleading: RW and TS say that RB was a free man at the time of the making of the bond and seek inquiry upon the country, and RB seeks likewise. Order to the sheriff of London to make a jury come in Michaelmas term in one month 1402.

Postea text: 1 postea - RB comes and says that he cannot deny the validity of the bond and debt, and so the plaintiffs are to recover the £20 debt plus 20s damages. RB is in mercy.

Court of Common Pleas, CP 40/567, rot. 163d

Term: Michaelmas 1402
County: London
Writ type: Debt (loan); Debt (other)
Damages claimed: 10m
Case type: Loan; Real action / rents / damage to real estate

Pleading: Robert B. claims that on 20 October 1395 he demised to Richard L. a quarter part of one messuage in the parish of St. Mary Fenchurch, to hold for six years at an annual rent of 5s, payable at Easter and Michaelmas each year, totalling 30s for the entire period. Also, on the same day, RL borrowed a further 5m 3s 4d, payable at Christmas then next. However, RL has not paid either debt, to a total of 100s, to his damage of 10m.

Pleading: RL says that he does not owe RB the said 5m 3s 4d and concerning this he puts himself upon the country, and RB puts himself likewise. Concerning the remaining 30s RL, protesting that the demise was not made as claimed, states that long before RB claims to have demised the said quarter messuage to him, Thomas Asshehurst was seised of the entire messuage in his demesne as of fee, and he demised the entire messuage to a certain John M. and his wife Idonia. This John and Idonia then enfeoffed RB, who in turn enfeoffed the said quarter part of the messuage to RL. However, RL claims the same TA entered into the said quarter messuage and removed RL before any part of the rent was due.

Pleading: RB, not acknowledging that TA had anything in the aforesaid quarter messuage, says that before the time when TA is supposed to have entered the aforesaid messuage, a certain Alice Box was seised of this property along with other messuages, tenements, etc in her demesne as of fee. And when AB died these properties descended to her daughters, Margaret, Julia, Margery and Idonia. Idonia then died and left her quarter of the said messuage to her daughter, also Idonia, who then became wife of JM. This quarter of the messuage was later granted by Idonia and JM to the said RB, plaintiff, who then handed it over to RL for a term of years etc. Enquiry upon the country etc. Order to the sheriff of London to make a jury come in the octave of Hilary term 1403. Pledges named for the defendant.

Postea text: 1 postea - writ not sent, forwarded as far as Hilary term 1403.

Postea text: postea 2 - case forwarded to Trinity term 1403 unless first heard before William R., one of the king's justices, at the assize of St Martin le Grand on 21/05/1403.

Postea text: postea 3 - Case heard at the assize of St. Martin le Grand before justice WR and associate justice Thomas S. on 21/05/1403. RL comes in person, but RB does not come to press his suit. Therefore, RB and his pledges of the prosecution are in mercy.

Court of Common Pleas, CP 40/567, rot. 175d

Term: Michaelmas 1402
County: Bedfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction; Taking of goods

Pleading: The prior of Dunstable states that on 15 September 1401 Nicholas T. came to Dunstable, Bedfordshire, and forcibly carried off goods to the value of £10 and abducted brother Thomas B., his fellow brother, so that he was out of the service of the prior for two years. The goods taken were, namely: linen and woollen cloth, silver cups, spoons and other jewels. Damages claimed at £20.

Pleading: NT denies the trespass and puts himself upon the country, and prior TM puts himself likewise. Order to the sheriff of Bedfordshire to make a jury come in the octave of Hilary term 1403.

Court of Common Pleas, CP 40/567, rot. 240d

Term: Michaelmas 1402
County: Essex
Writ type: Detinue
Damages claimed: 100m
Case type: Detention of goods; Safe keeping

Pleading: Walter G. claims that at Colchester, Essex, he delivered a bond to Richard B. for safe keeping, and that RB will not return the said bond. Damages claimed at 100m.

Pleading: RB brings the bond to court and says that it was delivered to him by WG and a certain John S. under the condition that it be delivered to WG only under certain circumstances. RB says that is he ignorant as to whether those conditions have been met and seeks that JS be forwarned etc.. Order to the sheriff of essex to warn JS to come to this court to say if the bond ought not to be delivered to WG etc.

Case notes: 'VACAT' in margin

Court of Common Pleas, CP 40/567, rot. 247d

Term: Michaelmas 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100s
Case type: Taking of goods

Pleading: John A. claims that on 20 August 1402, in London, William B. and his wife Alice B. took and carried away his goods and chattels, namely a girdle decorated with silver worth 40s, against the peace and to his damage of 100s.

Pleading: WB and AB deny responsibility for this trespass, and put themselves upon the country, and JA puts himself likewise. Jury of London to be here at the octave of Hilary term 1403.

Postea text: 1 postea - the sheriff did not send the writ, case forwarded to Easter term 1403.

Court of Common Pleas, CP 40/567, rot. 313

Term: Michaelmas 1402
County: London
Writ type: Debt (loan)
Damages claimed: 6m
Case type: Loan

Pleading: Adam H. claims that Richard P. owes him 6m on a loan. Damages claimed at 6m.

Pleading: RP says that the action against him ought not be continued because AH issued him a release concerning the said 6m debt. Noted that the release says nothing of where it was made but RP says it was made at Westminster, Middlesex.

Pleading: AH is not able to deny the validity of the release, and so AH is in mercy for false claim and RP is without day.

Court of Common Pleas, CP 40/567, rot. 347d

Term: Michaelmas 1402
County: Surrey
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 10m
Case type: Loan; Sale of goods

Pleading: Walter B. claims that Nicholas B., son of Roger B., owes him 5m 13s 6d arising from a loan of 9s and the sale of 5m 4s 6d worth of goods, namely three casks of white herrings, two-thousand red herrings, twelve salmon and twelve salt fish. Damages claimed at 10m.

Pleading: NB says that he does not owe WB the said 5m 13s 6d nor any money and puts himself upon the country, and WB puts himself likewise. Order to the sheriff of Surrey to make a jury come in the octave of Hilary term 1403.

Postea text: 2 posteas - sheriff did not send writ, case forwarded to octave of Michaelmas 1403.

Court of Common Pleas, CP 40/567, rot. 347d

Term: Michaelmas 1402
County: Surrey
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Walter B. claims that Richard S. owes him 66s 8d arising from the sale of eight casks of white herrings and one hogshead of red wine. Damages claimed at 100s.

Pleading: RS says that he does not owe WB the said 66s 8d nor any other moneys and offers his law, to be made in the octave of Hilary term 1403. Pledges of law named.

Postea text: postea 1 - RS makes essoin and so the case is moved as far as Easter term 1403.

Postea text: postea 2 - WB makes essoin and the case is moved as far as Trinity term 1403.

Postea text: postea 3 - WB does not come and so he and his pledges to prosecute are in mercy, and RS is without day.

Court of Common Pleas, CP 40/567, rot. 357

Term: Michaelmas 1402
County: London
Writ type: Account
Damages claimed: £300
Case type: Contract (service/employment); Reckoning of account

Pleading: John T. seeks that John M. render to him reasonable account concerning the time when he was receiver of monies for JT, from 18 October 1398 to Christmas 1398. During this time JT claims JM received at London, parish of [blank], ward of Farringdon Without: 80m from the hands of Robert N.; 80m from the hands of Walter S.; 80m from the hands of Alice H.; and 80m from JT himself. JT claims that JM has not rendered reasonable account concerning these monies and claims damages of £300.

Pleading: JM says that a full accounting concerning all of these monies was held at Coventry, Warwickshire, before auditors Thomas M. and Thomas O. Hence, JM says the action against him ought not continue.

Pleading: JT says that there was never any accounting before the auditors claimed by JM and seeks inquiry upon the country, and JM seeks likewise. Order to the sheriff of Warwickshire to have jury here at octave of Hilary 1403. Pledges named for the defendant.

Court of Common Pleas, CP 40/567, rot. 357d

Term: Michaelmas 1402
County: London
Writ type: Detinue
Damages claimed: £1000
Case type: Arbitration; Detention of goods; Safe keeping

Pleading: Richard Cliderhowe was summoned to answer John Garton on a plea that he render to him a certain bond which he unjustly detains, which bond records that a certain John Bradefeld was bound to the said JG in £1000. JG states that on the eve of the Purification 1402, in London, he delivered this bond to RC for safe-keeping, to be returned on request, but RC has not returned it, to his damage of £1000.

Pleading: RC offers the bond in court, stating that he is ready to deliver it as the court decides. However, he states that the bond was given to him by Garton together with Bradefeld under certain conditions, to be returned to either of them under those conditions. However, RC states that he does not know whether these conditions have been met, and seeks that JB be forewarned. Order to the sheriff of London to warn JB to be here at the octave of Martinmas, to show reason why the bond should not be delivered to JG.

Pleading: [continued at Easter 1403, rot 253] Parties come by attorneys, JB in person. JG seeks delivery of the writ. JB states that JG ought not have delivery, as formerly there was a discussion between them regarding a debt in which Thomas Bradefeld was bound in £1000 by statute staple to JB, and on 31 January 1402 JG and JB placed themselves in the arbitration of their friends, and committed themselves to the judgment of William Brampton and John Bryan, arbiters for JB, and Richard Cliderowe and John Crepyn for JG, concerning all disputes etc between JB and JG, and also between JB and TB. To guarantee this, the said bond was made and delivered to RC, to be returned on certain conditions, namely that if JB agree to and implement the said arbitration, then the bond should be delivered to him; otherwise it should be delivered to JG. Afterwards, on the Friday before Palm Sunday next following, in London, the arbiters met, and ordained that JG should have possession of all lands, etc in his hands, with certain exceptions, and thus in possession should make a certain bond of statute staple to a certain Edmund Bys in the name of JB in £200, payable in these terms, namely 100s at the quindene of Easter next, 100s at the Nativity of St John the Baptist, 100s at Christmas, and so on until EB has been paid £100 of the said £200. And if EB does not agree to this security, JG should find sufficient pledges for this debt, to be found by the said quindene of Easter. After this security is found, JB was to deliver the £1000 bond to JG, and all other documents in his possession relating to TB. JB and JG were also to make releases to each other of all outstanding disputes. Between the said Friday and the said quindene of Easter, he was always prepared to deliver the £1000 bond to JG, together with the required release, as well as the other documents, but JG did not make the sufficient security in the time specified, and so on 22 September 1398 JG made a bond with one John Norton in £200, payable at All Saints then next, if he did not pay. He states that JG did not offer himself or any other persons to EB as sufficient security by the said quindene of Easter, as ordained in the arbitration.

Pleading: JG states that he should have delivery of the bond, as he and JB did place themselves in the arbitration as claimed, concerning disputes between JB and JG, and JB and TB. The arbiters ordained that at the quindene of Easter 1402 JG should come to London, and receive a release as quickly as possible from a certain John Campedene, Richard Cliderowe, John Ikelyngton and William Norton, feoffees of JG for all his lands in England, and deliver the release into Chancery for enrolment, and then show it to EB, and JG should then offer himself to be bound in the said £200 to EB to pay the said £100 to EB at the said terms. If EB refuses this security, the JG is to find other sufficient pledges, and after the first payment JB should deliver to EB the said £1000 bond, and the other documents for safe-keeping until JG makes sufficient security. After he received sufficient security, EB was to return the bond and charters to JG. He states that at the said quindene of Easter, with the assent of EB, he paid the 100s to William Brampton to the use of EB, but JB refused to deliver the said bond and charter to EB as required. Afterwards, as quickly as he could, he took the release from the feoffees and on 21 April Richard Cliderowe, on 23 April William Norton, on 26 April John Campedene, and on 27 April John Ikelyngton all came to the chancery and acknowledged the release and sought its enrolment. On 28 April he offered his bond to EB, who refused to accept it, and so JG brought RC, WN and a certain William Leddred, John Weston and John Kyrkeby to offer themselves as pledges, and EB also refused these. Therefore delivery of the bond pertains to JG.

Pleading: JB, does not acknowledge that JG paid the said 100s to WB, nor that he received the release from the feoffees, nor that the release was enrolled in chancery, or that JG offered his security or that EB refused it as claimed, states that the arbiters ordained that, after the security was made to EB, JB was to deliver the £1000 bond to JG, with all the other charters, by the said quindene of Easter. However, JG did not offer the necessary security by that date, and so the bond should be delivered to JB himself.

Pleading: JG repeats that after the first payment of 100s was made, JB should deliver the bond and documents to EB for safe-keeping, until JG should make sufficient security. Enquiry by country, jury here at octave of St John the Baptist.

Postea text: Writ arrived too late, to octave of Hilary

Postea text: Parties came, as Bradefeld in person. Sheriff sent that he warned Bradefeld to be here by William Traynell and John Bosse. Day given at quindene of Easter 1402.

Postea text: [on CP 40/569, rot 253] Parties came, sheriff returned two writs, with two panels. Panels acquitted, sheriffs amerced. Fined at 13s 4d. Ordered to have new jury here at octave of Michaelmas.

Postea text: Process continued, jury in respite to octave of Martinmas 1403. Bradefeld came, JG did not come. He and pledges amerced. JB seeks delivery of the bond, and he has it.

Case notes: Continued on CP 40/569, rot 253.

Court of Common Pleas, CP 40/567, rot. 402

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Prior Walter G. claims that Edmund L. owes him £96 on a bond made with former prior John R. on 30/06/1394 and due at All Saints 1394. Damages claimed at £100. Bond shown in court.

Pleading: EL asks that the bond be read aloud in the court, and it says that EL was to make five payments to prior JR, namely £10 at Easter 1395, £10 at Easter 1396, £10 at Easter 1397, £10 at Easter 1398, and £8 at Easter 1399. EL says that he made these payments, at the appropriate times, at Bury St Edmund's, Suffolk. Hence, WG ought not maintain his suit against him etc.

Pleading: WG says that EL missed the £8 payment at Easter 1399 and seeks inquiry upon the country, and EL seeks likewise. Sheriff of Suffolk to have jury of Bury St. Edmunds here at the octave of Hilary 1403.

Court of Common Pleas, CP 40/567, rot. 403d

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Robert S. claims that John B. and William B. executors of the will of Walter D., together with co-executor John P., owe him £40 as the unpaid residue of £60 bond made between RS and the late WD. Damages claimed at £40. Bond shown in court.

Pleading: JB and WB claim that they were never the administrators of the goods and chattels of WD, nor were they executors (of his will) after his death.

Pleading: RS says that JB and WB, together with JP, administered various goods and chattels of WD after his death, to the value of the said debt, from which they were able to pay it, namely at Sutton Vautort, Devon. Enquiry by country, Sheriff of Devon to have jury here at octave of Hilary term 1403.

Postea text: 1 postea - sheriff says that the writ reached him late and so the case is forwarded to Easter term 1403.

Court of Common Pleas, CP 40/567, rot. 405

Term: Michaelmas 1402
County: Essex
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond; Real action / rents / damage to real estate

Pleading: William Fremelyngham states that on 20 December 1398, at her manor of Bentley, Matilda de Veer, countess of Oxford, acknowledged that she owed to him £112 10s 6d, which, by the advice of her counsellors, it was agreed would be paid from the issues of the countess's manor of Fleet in Kent, namely £45 at the following Easter and Michaelmas, and so on until the full sum is paid, with WF offering an acquittance for each sum received. If payment should fall in arrears by one month, WF may enter the manor and make distraint to the value of the debt with reasonable damages. WF claims that the payment he should have received from Matilda in Michaelmas 1399 was £12 short, and the payment he received in Easter 1400 was £22 10s 6d short, and thus the countess owes him a total of £34 10s 6d. Damages are claimed at £100. Bond shown in court.

Pleading: The countess states that WF was paid in full according to the terms of the agreement, at the stated terms, at Fleet in Kent. MV says that WF has already exercised his right, as per the agreement, to levy distraint in the manor of Fleet, Kent, and has already covered the said £34 10s 6d arrears.

Pleading: WF says that he has not raised the said £34 10s 6d arrears. Enquiry on the country, sheriff of Kent to have a jury of Fleet here at octave of Hilary 1403.

Postea text: postea 1 - the sheriff of Kent returns that he ordered John C, steward of the liberty of the archbishop of Canterbury, but he did nothing, etc. Sheriff of Kent ordered to have jury here at quindene of Easter 1403, notwithstanding the liberty.

Postea text: Writ arrived too late, sheriff to have jury here at Easter five weeks 1403.

Court of Common Pleas, CP 40/567, rot. 412

Term: Michaelmas 1402
County: Essex
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John G. claims that William S. owes him 40s arising from the sale of three quarters of wheat and three quarters of rye to the same WS. Damages claimed at 40s.

Pleading: WS says that he does not owe JG the said 40s nor any other money etc. Parties on country, jury of Essex to be here at quindene of Hilary 1403. Noted that JG appoints Thomas de Lynton in his place against WS, and WS puts Thomas Kays in his place against JG.

Court of Common Pleas, CP 40/567, rot. 446d

Term: Michaelmas 1402
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Robert N. claims that Richard F. owes him 60s arrears as determined by a reckoning of account between them held before auditors Richard W. and John P. Damages are claimed at £10.

Pleading: RF says that there was never an accounting before the said auditors in the form which RN supposes. Parties on country, jury of London to be here at the octave of Hilary 1403.

Court of Common Pleas, CP 40/567, rot. 461d

Term: Michaelmas 1402
County: London
Writ type: Debt (loan)
Damages claimed: 10m
Case type: Loan

Pleading: John M. claims that John C. with wife Joan C., herself administrator of the goods and chattels of Richard G., owe him £11 6s arising from a loan made by AB to RG during his lifetime. Damages claimed at 10m.

Pleading: John and Joan C. say that they do not detain the said £11 6s nor any monies from JM and put themselves upon the country, and JM puts himself likewise. Order to the sheriff of London to have a jury here at the octave of Hilary term 1403.

Court of Common Pleas, CP 40/567, rot. 464

Term: Michaelmas 1402
County: Middlesex
Writ type: Detinue
Damages claimed: 60s
Case type: Detention of goods; Safe keeping

Pleading: William P. claims that Thomas S. detains from him 42 pigs worth 8m delivered to TS for safe keeping at Ealing, Middlesex, but not returned. Damages claimed at 60s.

Pleading: TS says that he does not detain the said 42 pigs and offers his law at the octave of Martinmas 1402. Pledges of law named.

Court of Common Pleas, CP 40/567, rot. 488

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: William C. claims that William G. owes him £250 on a bond. Damages claimed at £100. Bond shown in court.

Pleading: WG appears and defends by his attorney. Day given at [omitted].

Court of Common Pleas, CP 40/567, rot. 488

Term: Michaelmas 1402
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas S. complains that John B. should render to him reasonable account concerning the time when JB was receiver of the monies of the said TS. TS says that during this period JS received 50m from the hands of a certain William W. at London (parish of St Katherine, ward of Creechurch), concerning which JS has not rendered reasonable account. Damages claimed at £20.

Pleading: [No counterplea recorded.]

Court of Common Pleas, CP 40/567, rot. 488d

Term: Michaelmas 1402
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: Thomas S. complains that Thomas W. should render to him reasonable account concerning the time when TW was receiver of the monies of the said TS. TS says that during this period TW received 50m from the hands of a certain William W. in London (parish of St Katherine, ward of Creechurch), for which TW has not rendered reasonable account. Damages claimed at £20.

Pleading: [No counterplea recorded.]

Court of Common Pleas, CP 40/567, rot. 493

Term: Michaelmas 1402
County: Somerset
Writ type: Disseisin
Case type: Dower; Real action / rents / damage to real estate

Pleading: John C. and Elizabeth C. his wife seek from abbot William W. a third part of the manors of Blagdon and West Lydford with appurtenances as the dower of EC from the endowment of John Holand, late earl of Huntingdon, her late husband.

Pleading: Abbot WW states that the present king, by his letters patent to the abbot and monks of his house, dated at Westminster on 13 March 1400, noted that Edward III, founder of the abbey, had acquired from James de Audele the reversion of his manors of Bovey Tracy, Northlew, Holsworthy, and Langacre in Devon, the manors of Blagdon, West Lydford and Staunton by Dunster in Somerset, and the manor of Tackbear in Cornwall, together with the advowsons of the churches of the manors of Blagdon, West Lydford, Northlew and Holsworthy. As shown in a fine made at Westminster at Michaelmas three weeks 1353, before the justices of the Bench. These manors were valued at 200m per year, and, with other lands and tenements purchased by him, were granted to the king's father, John, duke of Lancaster, and others as feoffees and executors of Edward III, to endow and enfeoff to the abbot and monks of their abbey after the death of James Audele. The feoffees and executors, in fulfillment of the will, granted the reversion to the abbot and monks, intending that the manors and advowsons should be amortised to the abbey in perpetuity, as contained in their letters enrolled in Chancery. However, after the death of James, Richard II granted these properties to his brother, John Holand, earl of Huntingdon, to the disinheritance of the abbey, and instead granted to the abbey 110 marks per year from the farm of the church of Scarborough during the time of war and schism, and from the Exchequer thereafter, until he provide property of equal value in compensation. This was contained in the letters patent of Richard II and confirmed by Henry IV. These properties then came into the king's hands by the forfeiture of John Holand, and the king, with consideration for his grandfather's wishes and at the request of the then abbot, revoked the earlier grant to Holand, and re-granted them to the abbey, to hold in frank almoin, according to the will of Edward III and in salvation of the king's health and soul and the souls of his ancestors and progenitors, etc. The king granted by his letters patent which the present abbot presents in court, dated 10 March 1401 [CPR 1399-1401, p.457], that they were to have these, notwithstanding that they are worth more than 200 marks annually, to hold in frank almoin from the date of the forfeiture of earl John in perpetuity. If these lands are ever taken away, the abbot and monks are to have their annuity of 110 marks restored until further lands are found. For this grant the abbot and monks were to perform certain services and obits for the king and his family. The abbot therefore states that he holds these manors with appurtenances to himself and the monks of his abbey in frank almoin, of the grant of the king. The justices wish to seek the advice of the king in this case, so day is given to the parties at the octave of Hilary. Plaintiffs in the meantime told to sue against the king.

Case notes: For same process relating to lands in Devon and Cornwall, see CP 40/567, rot 494 and CP 40/574 rot 117.

Court of Common Pleas, CP 40/567, rot. 494

Term: Michaelmas 1402
County: Devon
Writ type: Disseisin
Damages claimed: -
Case type: Dower; Real action / rents / damage to real estate

Pleading: John C. and Elizabeth C. his wife seek from abbot William W. a third part of the manors of Bovey Tracy, Northlew, Holsworthy, and Langacre with appurtenances as the dower of EC from the endowment of John Holand, late earl of Huntingdon, her late husband.

Pleading: Abbot WW states that the present king, by his letters patent to the abbot and monks of his house, dated at Westminster on 13 March 1400, noted that Edward III, founder of the abbey, had acquired from James de Audele the reversion of his manors of Bovey Tracy, Northlew, Holsworthy, and Langacre in Devon, the manors of Blagdon, West Lydford and Staunton by Dunster in Somerset, and the manor of Tackbear in Cornwall, together with the advowsons of the churches of the manors of Blagdon, West Lydford, Northlew and Holsworthy. As shown in a fine made at Westminster at Michaelmas three weeks 1353, before the justices of the Bench. These manors were valued at 200m per year, and, with other lands and tenements purchased by him, were granted to the king's father, John, duke of Lancaster, and others as feoffees and executors of Edward III, to endow and enfeoff to the abbot and monks of their abbey after the death of James Audele. The feoffees and executors, in fulfilment of the will, granted the reversion to the abbot and monks, intending that the manors and advowsons should be amortised to the abbey in perpetuity, as contained in their letters enrolled in Chancery. However, after the death of James, Richard II granted these properties to his brother, John Holand, earl of Huntingdon, to the disinheritance of the abbey, and instead granted to the abbey 110 marks per year from the farm of the church of Scarborough during the time of war and schism, and from the Exchequer thereafter, until he provide property of equal value in compensation. This was contained in the letters patent of Richard II and confirmed by Henry IV. These properties then came into the king's hands by the forfeiture of John Holand, and the king, with consideration for his grandfather's wishes and at the request of the then abbot, revoked the earlier grant to Holand, and re-granted them to the abbey, to hold in frank almoin, according to the will of Edward III and in salvation of the king's health and soul and the souls of his ancestors and progenitors, etc. The king granted by his letters patent which the present abbot presents in court, dated 10 March 1401 [CPR 1399-1401, p.457], that they were to have these, notwithstanding that they are worth more than 200 marks annually, to hold in frank almoin from the date of the forfeiture of earl John in perpetuity. If these lands are ever taken away, the abbot and monks are to have their annuity of 110 marks restored until further lands are found. For this grant the abbot and monks were to perform certain services and obits for the king and his family. The abbot therefore states that he holds these manors with appurtenances to himself and the monks of his abbey in frank almoin, of the grant of the king. The justices wish to seek the advice of the king in this case, so day is given to the parties at the octave of Hilary. Plaintiffs in the meantime told to sue against the king.

Case notes: For same process relating to lands in Somerset and Cornwall, see CP 40/567, rot 493 and CP 40/574 rot 117.

Court of Common Pleas, CP 40/567, rot. 505

Term: Michaelmas 1402
County: Essex
Writ type: Detinue
Damages claimed: 100m
Case type: Safe keeping

Pleading: Walter G. claims that on 08/07/1402 he delivered to Richard B. for safe keeping a certain bond, showing that John S. was bound to WG and Thomas B. in £55 6s 8d. WG says that RB will not return the bond, and damages are claimed at 100m.

Pleading: RB brings forth the bond in question and says that he is prepared to deliver it as the court orders, saying that at the time stated he was given the bond by both WG and JS under certain conditions, to be delivered to either WG or JS only if those conditions be met. RB says he is ignorant of whether the said conditions, on the part of JS, have been fulfilled etc. Sheriff of Essex to warn JS to be here at the morrow of All Souls 1402. Noted that WG puts in his place, concerning this case, a certain John G.

Postea text: Parties come, sheriff of Essex returns that JH has nothing in his bailiwick. Shown that he does have sufficient in that county, so sheriff to warn JS to be here at the octave of Martinmas 1403.

Postea text: Parties come, JS does not come. Sheriff says that JS has nothing in his bailiwick nor is he to be found. Order that WG have delivery of the bond, on the default of JS. RB delivered bond to WG in this court and RB is quit.

Court of Common Pleas, CP 40/567, rot. 578

Term: Michaelmas 1402
County: Middlesex
Writ type: Debt (account)
Damages claimed: 60s
Case type: Reckoning of account

Pleading: Thomas C. claims that John E. owes him 64s arrears as determined by a reckoning of account held between them before auditors John A. and John W. Damages claimed at 60s.

Pleading: JE says that he never accounted before the said auditors as claimed, and puts himself upon the country, and TC puts himself likewise. Sheriff of Middlesex to have jury here at octave of Hilary term 1403. Pledges named for the defendant.

Postea text: Process continued, jury in respite to quindene of Easter 1403. On this day, TC came JE did not come, in default. Jury in respite to quindene of Trinity, as did not come.

Court of Common Pleas, CP 40/567, rot. 611

Term: Michaelmas 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Assault

Pleading: John B. claims that John M. assaulted him with force and arms at London. Damages claimed at £10.

Pleading: JM denies the trespass as claimed. Parties on country, sheriff to have jury here at octave of Hilary 1403. Pledges named for the defendant.

Postea text: Sheriff did not send writ, to quindene of Easter 1403.

Court of Common Pleas, CP 40/567, rot. 630

Term: Michaelmas 1402
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: Idonia B. claims that Robert P. owes her 6m 6s 8d arrears and clear debt as determined by a reckoning of account held between them before auditors John C. and John P. Damages claimed at 100s.

Pleading: RP states that he did not account before the said auditors as claimed. Parties on country, jury to be here at octave of Hilary 1403.

Court of Common Pleas, CP 40/567, rot. 630d

Term: Michaelmas 1402
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: William R. claims that on 20 July 1389 William B. forcibly broke into his house in London and took and carried off goods and chattels to the value of £10, namely one lead furnace ('fornacem plumbeam'), one bucket bound with iron, 8 kimnels, 4 vats, 14 locks with their keys, doors, window [frames] and other goods. Damages are claimed at £20.

Pleading: WB says that WR ought not continue his suit, as after the date of the supposed housebreaking, namely 20 March 1393, WR issued him a release from all personal actions. This release is shown in court, and though it does not contain details of where it was made WB says it was made at Dodford, Northamptonshire.

Pleading: WR says that the release shown by WB is not of his making and seeks inquiry by the country, and WB seeks likewise. Order to the sheriff of Northamptonshire to have a jury here at the octave of Hilary term 1403. The release is placed in the custody of William P. for safe keeping.

Postea text: 1 postea - the sheriff returns that the writ reached him late so the case is forwarded to the quindene of Easter 1403.

Court of Common Pleas, CP 40/567, rot. 634d

Term: Michaelmas 1402
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Roger Budby states that on 15 May 1402, at Puckeridge, John Frere senior, John Frere junior, William Pomppe and William Hull, together with Henry Osbern, forcibly assaulted him, against the peace and to his damage of £20.

Pleading: JF senior, JF junior, WP and WH defend force and injury. WP and WH deny the trespass as claimed; parties on country. JF and JF state that on this day, at Puckeridge, RB and others assaulted them, and they defended themselves. If RB suffered any harm from this, it was due to his assault, and they simply defended themselves.

Pleading: RB repeats that JF and JF, together with the others, assaulted him without cause on that day. Enquiry by country, jury to be here at the octave of Hilary term 1403.

Case notes: See also related suit on CP 40/566, rot 547d.

Court of Common Pleas, CP 40/567, rot. 647d

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Thomas L. states that on 15 August 1401 'Thomas Curtays of the county aforesaid' [however the case is marginalized both London and Kent], together with John P., John G., Richard A., Thomas C., John H., John Bakere, and Richard W., made a bond with him in £100, payable at Michaelmas then next. However, TC has not paid £40 of this bond, this being the unpaid residue. To his damage of £100. Noted that the bond does not say where it was made, but that TL claims it was made at London, parish of St Magnus, Bridge ward.

Pleading: TC says that this bond is not of his making. Sheriff of London to have jury here at octave of Hilary term 1403. The bond is put in the safe keeping of clerk William P. Pledges named for defendant.

Postea text: 3 posteas - all say that the writ was not sent, forwarding the case as far as Michaelmas term 1403.

Postea text: On 28/06/1405 WK, attorney of TL, comes to the court and withdraws the suit, and seeks the return of the bond. Bond returned to WK to the use of TL, and WP is quit.

Court of Common Pleas, CP 40/567, rot. 682

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Imprisonment

Pleading: William S. claims that John S. owes him 12m on a bond. Damages claimed at 20m. Bond shown in court. Noted that the bond says nothing of where it was made, but WS says it was made at London etc.

Pleading: JS says that the bond ought not hold because at the time of its making he was imprisoned by WS and his associates at Roborough, Devon, and hence, the bond was made under duress.

Pleading: WS says that JS was a free man at the time of the making of the bond and seeks inquiry upon the country, and JS seeks likewise. Sheriff of Devon to have jury here at the quindene of Hilary 1403.

Court of Common Pleas, CP 40/567, rot. 694

Term: Michaelmas 1402
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Taking of goods

Pleading: Richard K., John M., John B., 'William S. the bailiff of Finsbury', and John Caunterbury amerced for many defaults. RK, JM, JB, WS, and John Caunterbury are all made to respond to John Chelmesford concerning a plea that they came with force and arms, committed housebreaking against John Chelmesford, and carried off his goods and chattels to the value of 20m, namely two brass jars ('ollas eneas'). Damages claimed at £20.

Pleading: The defendants deny the trespass and put themselves on the country, and John Chelmesford puts himself likewise. Jury of Middlesex to be here in the octave of Hilary term 1403.

Court of Common Pleas, CP 40/567, rot. 694

Term: Michaelmas 1402
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 40s
Case type: Bond

Pleading: John C. claims that William C. owes him £20 on a bond. Damages claimed at £20. Bond shown in court.

Pleading: WC says that the bond is not of his making and puts himself upon the country, and JC pus himself likewise. Jury of London to be here in the octave of Hilary term 1403. Pledges named for the defendant. Bond given to clerk William P. for safe keeping.

Postea text: On 22/06/1403 the bond is delivered to William H. for consideration by a jury of the country, and WP is quit of it.

Postea text: Process continued, jury in respite to octave of St John the Baptist unless first heard by justice WH at the assize at St. Martin le Grand on 30/06/1403.

Postea text: To this day, the octave of St John, the justices sent record that on 30/06/1403 the case was heard at assize before the justices. Plaintiff JC came. WC did not come and so made default. The jury say that the bond was made by WC, just as JC alleged. JC to recover the £20 debt plus damages of 20s. JC seeks that the damages be increased, and he is granted a further 20s. WC to be taken. Bond returned to WP, so WH quit.