CP40/576: Hilary term 1405

Court of Common Pleas, CP 40/576, rot. 012

Term: Hilary 1405
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods

Pleading: William W. claims that Robert T. use force and arms to break his close and house at Northhaw, Hertfordshire, and carry off goods worth 60s as well as 21s cash money. The goods taken were namely 21 ells of linen cloth, six yards of russet, one pair of sheets. Damages are claimed at £10.

Pleading: RT says that he is innocent and puts himself upon the country, and WW puts himself likewise. Order to the sheriff of Hertfordshire. Pledges are named for the defendant.

Postea text: 1 postea - the sheriff did not send the writ and so the case is forwarded as far as Easter term 1405.

Court of Common Pleas, CP 40/576, rot. 101

Term: Hilary 1405
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £40
Damages awarded: £10
Case type: Bond; Sale of goods

Pleading: John S. claims that Nicholas S. owes him £30 by way of three 12m bonds and the sale of £6 worth of diverse furs which NS bought between 31/01/1401 and 02/02/1402 but did not pay for. Damages are claimed at £40. Bonds shown in court.

Pleading: NS says that the three 12m bonds are not of his making and puts himself upon the country, and JS puts himself likewise. Concerning the remaining £6 NS says that he does not owe JS this money nor any other money, and puts himself upon the country, and JS puts himself likewise. Order to the sheriff etc. The bonds are put into the safe keeping of clerk William P. Pledges are named for the defendant.

Postea text: postea 1 - 18/05/1405 the bonds are delivered to justice William B. for consideration by a jury at assize, and clerk WP is quit of them.

Postea text: postea 2 - 01/06/1405 the bonds are returned to clerk WP and justice WB is quit of them.

Postea text: postea 3 - continuance between the parties as far as Easter term in five weeks (1405), unless first heard before justice WB at the assize of St. Martin le Grand on 14/05/1405.

Postea text: postea 4 - case heard at the assize of St Martin le Grand on 14/05/1405 before justice WB and associate justice Richard H. The jury says on oath that the bonds were indeed made by NS, and also that NS owes JS the said £6 arising from the sale of furs to NS. JS is to recover the said debt plus damages of £10.

Postea text: postea 5 - 13/07/1406 JS comes and says that he has been satisfied concerning the said debt and damages, and so NS is quit.

Court of Common Pleas, CP 40/576, rot. 107

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas R. claims that parson John M. owes him 35m per a bond. Damages claimed at £20. Bond shown in court.

Pleading: JM says that the action against him ought not continue because TR gave him a release after the time of the making of the bond. JM offers this release to the court.

Pleading: TR says that the release is not of his making and seeks inquiry upon the country. Order to the sheriff of Dorset. Pledges are named for the defendant. The release is put into the safe keeping of clerk William P.

Postea text: 1 postea - the sheriff of Dorset returns that the writ reached him too late, so the case is forwarded as far as Easter term 1405.

Court of Common Pleas, CP 40/576, rot. 112

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Ittilcote and Alice Goodgrome, alias Alice Gyldford, state that on 29 January 1394, Thomas Spenser made a bond with them and a certain Thomas Brydd, now deceased, in 100s, payable on Christmas Eve then next. However, he has not paid, either before or after the death of TB, to their damage of £10. Bond shown in court.

Pleading: TS seeks that the bond and its endorsement be read in court, and this is done. The endorsement states that the condition of this bond is such that if TS should pay JI, AG and the late TB 10s on the said Christmas Eve, and 10s on the following Christmas Eve, and so on each year for the life of Alice, then the bond shall have no effect. Having heard this, TS states that before the first payment was due, on 4 November 1394, in the parish of St Olave in Southwark, he agreed with Alice that he would deliver to her a certain book called 'Troylous' worth 20s, and also a further 6s 8d, in full satisfaction of the whole debt. TS states that he delivered the said book and 6s 8d to AG as agreed.

Pleading: JI and AG, not acknowledging anything alleged by TS, state that there was never any such agreement between Alice and TS as claimed. Enquiry by country, sheriff of Surrey to have jury of Southwark here at quindene of Easter. Pledges named for defendant.

Postea text: Jury in respite to octave of Trinity 1405.

Postea text: Plaintiffs come by attorney, defendant in person. Jury come, but plaintiffs appeal the jury, stating that the jurors were empanelled by Richard FitzPiers, bailiff of the hundred of Brixton, at the nomination of TS and in his favour. This is found to be true, and therefore sheriff to have a new jury here at the octave of Michaelmas 1405, provided that FitzPiers is not involved.

Court of Common Pleas, CP 40/576, rot. 125d

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 6s 8d
Case type: Bond

Pleading: John P. and William S. claim that Ralph M. owes them 5m 10s on a bond. Damages claimed at 40s. Bond shown in court. Noted that the bond says nothing of where it was made but the plaintiffs say it was made in London etc.

Pleading: RM comes and says that he can not deny that he owes this money. Order that JP and WS recover the said debt plus 6s 8d damages. RM is committed to the Fleet prison.

Postea text: JP acknowledges that RM has made satisfaction concerning the debt and damages. RM is released from prison, and the warden of the Fleet is quit.

Court of Common Pleas, CP 40/576, rot. 140

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 6m
Case type: Bond

Pleading: William S. claims that Ralph M. owes him £40 as the unpaid residue of a £60 bond. Damages are claimed at £40. Bond shown in court. Noted that the bond says nothing of where it was made, but WS says it was made in at London etc.

Pleading: RM comes and defends in his own person, and upon this day is given between the parties in Easter term 1405.

Pleading: [continued at Easter 1405, rot 347d] RM says that the action against him ought not hold because WS, after the making of the said bond, issued him a release at Lyre Ocle, Hereford, concerning all actions real and personal.

Pleading: WS says that the release is not of his making and seeks inquiry upon the country, and RM seeks likewise. The release is put into the safe keeping of clerk William P. Order to the sheriff of Herefordshire etc.

Postea text: postea 1 - continuance between the parties as far as the quindene of Michaelmas, unless first heard before the king's justices at the assize at Hereford on 27 July 1405.

Postea text: postea 2 - case heard before justices Hugh H. and Thomas H. at the assize at Hereford on 27 July 1405. WS appears by attorney, Richard W., and RM does not come. Hence, RM is in default and the jury says on oath that the release was not of WS's making, awarding WS the aforesaid £60 debt plus damages of 13s 4d. Upon this WS asks that the damages be increased, and the justices decide that WS should recover the 13s 4d damages assessed by the jury plus an additional 5m, to a total of 6m. RM committed to the Fleet prison, where he shall remain until the debt and damages are paid.

Case notes: Continued on CP 40/577, rot 347d.

Court of Common Pleas, CP 40/576, rot. 141d

Term: Hilary 1405
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction; Taking of goods

Pleading: John S. claims that William R., together with Beatrice T., used force and arms to seize and carry off his good at London to the value of £10, as well as seizing and abducting JS's servant Katherine S. so that she was out his service from the time of the trespass ( Monday next after the Pentecost 1404) as far as the time of the making of the writ (date of writ left blank). The goods taken were linen and woollen cloth. Damages are claimed at £20.

Pleading: WR says that he is innocent and puts himself upon the country, and JS puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/576, rot. 158d

Term: Hilary 1405
County: Middlesex
Writ type: Debt (account)
Damages claimed: £10
Case type: Contract (service/employment); Reckoning of account

Pleading: John A. claims that Alexander S. owes him £6 8s concerning the time when AS was JA's receiver of monies, namely 28/10/1401 to 28/10/1402. This debt was determined by a reckoning of the account between them before auditors Robert L. and William R. on 02/11/1402. Damages are claimed at £10

Pleading: AS says that he does not owe JA the said £6 8s nor any other monies and placed himself upon the country, and JA places himself likewise. Pledges are named for the defendant.

Court of Common Pleas, CP 40/576, rot. 180d

Term: Hilary 1405
County: Surrey
Writ type: Account
Damages claimed: £40
Case type: Reckoning of account

Pleading: Andrew P. seeks that William D. should render to him reasonable account concerning the time when WD was his bailiff concerning one messuage and forty acres in South Lambeth, Surrey, and receiver of his monies. From 06/05/1404 to 14/09/1404 WD was AP's bailiff concerning the said messuage and land, as well as all associated sheep, plough-beasts, cows, horses, pigs, wheat, barley, oats, beans, peas, and hay etc. During this same time, as AP's receiver, WD received 20s per the hands of John B. WD has not made account for these things, and damages are claimed at £40.

Pleading: WD says that he was nave made AP's bailiff nor his receiver. WD puts himself upon the country, and AP puts himself likewise. Order to the sheriff of Surrey etc.

Court of Common Pleas, CP 40/576, rot. 202d

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Imprisonment

Pleading: Clement T. claims that Alexander S. owes him 10m per a bond. Damages claimed at 20m. Noted that the bond does not say where it was made, but CT says it was made a London etc.

Pleading: AS says that the force of the bond ought not hold because at the time of its making he was imprisoned by CT in the hospital of St. Katherine by the Tower, London, for one day.

Pleading: CT says that AS was a free man at the time of the making of the bond and puts himself upon the country, and AS puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/576, rot. 221

Term: Hilary 1405
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: John A. claims that Robert N. owes him £9 9s arising from the sale of various goods which RN bought but did not pay for. The goods sold to RN were namely, flannel cloth, linen, buckram, carde, and beds (lectos) of worsted and say. Damages are claimed at £10.

Pleading: RN says that he does not owe JA the said £9 9s nor any other monies and puts himself upon the country, and JA puts himself likewise. Order to the sheriff of London. Pledges are named for the defendant.

Court of Common Pleas, CP 40/576, rot. 232

Term: Hilary 1405
County: Somerset
Writ type: Detinue
Damages claimed: 10m
Case type: Detention of goods; Safe keeping

Pleading: Stephen B. claims that Walter W. detains from him chattels worth £4. SB say that he put into WW's safe keeping at Taunton, Somerset, one lead furnace (furnacem plumbeam) and one vessel called a 'wodfat' which WW now refuses to return. Damages claimed at 10m.

Pleading: WW says that he does not detain the said goods and puts himself upon the country, and SB puts himself likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/576, rot. 250

Term: Hilary 1405
County: London
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Assault

Pleading: William G. claims that John B. forcibly assaulted him in London on 17 November 1404. Damages claimed at 100m.

Pleading: JB says, concerning the use of force and arms, that he is innocent and puts himself upon the country, and WG puts himself likewise. Concerning the charge of assault, JB says that WG attacked him with a big staff, so that he was forced to defend himself, as he had good licence to do.

Pleading: WG says that it was JB that assaulted him and seeks inquiry upon the country, and JB seeks likewise. Order to the sheriff to make the parties and a jury come in Easter term 1405. Pledges named for the defendant.

Postea text: 1 postea - JB does not come and so is in default. The jury is to be made to come in [blank] term 1405

Court of Common Pleas, CP 40/576, rot. 250d

Term: Hilary 1405
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Arbitration; Sale of goods

Pleading: John M. says that Richard C. owes him 111s 6d. JM says that with RC there were diverse law suits, discords and debts between them arising from (super) a 'bargaining' between them concerning a certain wood/timber at [blank] in Surrey, and that on 30/12/1402 both parties submitted to arbitration. This arbitration, between arbitrators Gilbert A. and Thomas P. on the part of JM and arbitrators John S. and John H. on the part of RC, found that RC should pay to JM 111s 6d to settle the disputes between them. JM says that RC has not paid this money, and thus this suit. Damages are claimed at £10.

Pleading: RC says that he does not owe JM the said 111s 6d nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance.

Postea text: 1 postea - RC comes to make his law, but JM does not come, and so JM and his pledges of the prosecution are in mercy. RC is without day.

Court of Common Pleas, CP 40/576, rot. 250d

Term: Hilary 1405
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment); Debt

Pleading: Sephen B. claims that in Michaelmas 1400 he hired William I. to work for him as a shop-servant (shophewe) for two full years then following, but WI left his service prematurely and without good licence on 24/11/1401. Damages are claimed at £10. This is contrary to the stature of labourers and in contempt of the king etc.

Pleading: WI says that he was indeed taken into SB's service as stated, but that he was to receive 20s annual wages at two terms, namely Michaelmas and Easter in equal portions. WI says that SB failed to pay the 10s instalment of his wages due at Michaelmas 1401, though it was often requested, and so he had good licence to leave SB's service.

Pleading: SB says that WI left his service illegally/out-of-malice (ex injuria) and seeks inquiry upon the country, and WI seeks likewise. Order tot h sheriff etc.

Court of Common Pleas, CP 40/576, rot. 260

Term: Hilary 1405
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Roger M. claims that Henry H. owes him 40s on a loan. Damages are claimed at 100s.

Pleading: HH says that he does not owe RM the said 40s nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance.

Court of Common Pleas, CP 40/576, rot. 263

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 40s
Case type: Bond

Pleading: William M. and his wife Joan, daughter of Robert C, state that John A., executor of the will of John S. (together with co-executors William P., Andrew B., Ralph R., William A., and Thomas L.) owe them 100m on a bond. WM and JM say that this bond was made between JM's late father RC, and the late JS, payable to RC or his daughter and heir JM, but it was never paid. Bond shown in court. Damages claimed at £20.

Pleading: JA comes before the court and admits that he is an executor of JS, and that the bond is of RC's making. JA also acknowledges that JS was 80m in arrears, concerning this debt, but says that JS did pay 20m of this debt during his lifetime. However, notwithstanding this plea, it is ordered that WM and JM are to recover the said 100m, plus damages assessed by the justice as 40s, payable from the goods and chattels which belonged to JS, from both JA and his fellow executors. JA amerced. Upon this WM and JM come and release 20m of the said 100m.

Case notes: A later related case is on CP 40/579, rot 623.

Court of Common Pleas, CP 40/576, rot. 266

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Contract (general)

Pleading: William T. claims that Henry G. owes him £12 per a bond. Damages are claimed at £10. Bond shown in court.

Pleading: HG asks that the bond be read aloud in the court, and it says that if HG should indemnify (keep his indemnity to) WT concerning one obligation of £6 to a certain John D., then the bond should them be null and void. Upon this day is given between the parties in Easter term 1405.

Court of Common Pleas, CP 40/576, rot. 279

Term: Hilary 1405
County: Worcestershire
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £1000
Case type: Bond; Sale of goods

Pleading: Bishop Richard C. of Worcester, lately keeper of the Great Wardrobe of Richard II, is in mercy for many defaults. John H. claims that bishop RC owes him £452 7s 5½d. This debt arose from a bond and a number of transactions regarding the purchase of cloth which bishop did not pay for. On 02/08/1394 bishop RC obligated himself to JH per a £120 bond, concerning which the bishop only repaid £40, leaving an outstanding debt of £80. Bishop RC also bought cloth from JH worth £22 18d, namely 6½ yards of green mottle, 22 yards of green mottle, 4 cloths and 19 ells of green medley (medle), 10 yards of green mottle, 12 ells of red, 24 yards of ray of green champ (chaump), 12 ells of green and 8 ells of blue medley, 6 yards of blue falding, and 4 yards of blue falding. And on 02/11/1394 bishop RC bought cloth worth £4716s 3d namely, 6 cloths of blue medley, 3 cloths of blue champ, three cloths of green champ, two cloths the colour of 'vesmell' (possibly meaning 'vermilion'), 1½ cloths of plunket (light blue) champ, one cloth of red medley, one dozen of blue champ, one cloth of medley, two dozen of russet champ, 18 yards of brown tawny, 18 yards of white, 3 yards of ray of blue champ, and 2 yards of blue medley. And on 20/11/1395 bishop RC bought cloth worth £34 11s 7d namely, 14 yards of russet ray falding, 7 yards of white, 2 cloths of red champ, 5 cloths of brown sanguine medley, 3 cloths of blue champ, 2½ cloths of red medley, two yards of brown russet, one cloth of russet champ, 18 yards of white, and 2 yards of red medley. And on 03/06/1395 bishop RC bought cloth worth £19 13s 6d namely, 5 cloths and 3 yards of blue medley, one cloth and 3 yards of murrey champ, one cloth and 6 yards of plumket champ, 20 yards of red medley, and one yard of good blue (bono blodio). And on 08/02/1397 bishop RC bought cloth worth £30 1s 2d namely, 2½ cloths of blue champ, 5 cloths of red medley, 2 cloths of green champ, 2 cloths of blue medley, 3/4 of red medley, and 36 ells of russet falding. And on 20/10/1397 bishop RC bought cloth worth £10 4s namely, 24 yards of black, 25½ yards of black, 24 yards of black, and 24 yards of black. And on 20/01/1398 bishop RC bought cloth worth £52 2s 9½d namely, [item damaged], 3½ cloths of murrey champ, 6 cloths of green medley, ….. Of blue champ, 2 cloths of red medley, 1½ cloths of plunket ….. of sanguine, one cloth of ray of red champ, 3 yards of russet, 4½ yards of medley, 2 cloths of medley, one cloth of blue champ, 1 cloth of red medley, 1 cloth of russet champ, 4½ yards of sanguine, 3 yards of murrey champ, and three yards of burnet. And on 05/06/1398 bishop RC bought cloth worth £24 8s 8d, namely 11 yards of green cloth, 26 yards of green cloth, 58¼ of green cloth, 20 yards of green cloth, 24 yards of green cloth, 44½ yards of green cloth, 4½ yards of blue cloth, 25½ yards of green cloth, 12 yards of green cloth. And on 20/12/1398 bishop RC bought cloth worth £69 9d namely, 4 cloths of sanguine champ, 2 cloths and 10 yards of blue medley, 3½ cloths of red champ, 3 cloths of brown medley, 2 cloths and 3 yards of plinket champ, 1½ cloths of sanguine, one cloth of russet champ, one cloth of medley, one cloth of marbryn (marbelyn) medley, one dozen of sanguine champ, 'one cloth of black cloth', one dozen of red champ, 8 yards of medley, 3 yards of red champ, and 3 yards of the colour of medley. And on 24/12/1390 bishop RC bought cloth worth £62 7s 3d namely, 1 3/4 yards of green cloth, 14 yards of blue cloth, 2 yards of green cloth, 38 yards of grey russet, 6 yards of blue cloth, 2½ yards of black cloth, 1½ yards of green cloth, 1½ yards of green medley, one yard of black cloth, 2 yards of white cloth, 34 yards of violet falding, 18 yards of red falding, 17¼ yards of russet falding, 4 cloths of ray of murrey champ, 6 cloths of blue, 2 cloths of red champ, 2 cloths of brown medley, 18 yards of ray of black champ, 9¼ yards of sanguine, 2 3/4 of 'Candelwykestrete' (scribal error?), 3 dozen of green ray, 17 yards of green medley, 24 yards of scarlet. Damages claimed at £1000. Bond shown in court.

Pleading: Bishop RC asks that the bond be read out in court, at which time bishop RC says there is a difference between the name on the bond and the name on the present writ. Bishop RC says that in the present writ he is identified as 'Richard Clifford', omitting the letter 'e' at the end of his surname 'Clifforde' as appearing in the bond. Likewise, bishop RC says that in the present writ he is called by the title ''custos magno garderobe', which contains an additional letter 'e' when compared to his title per the bond, 'custos magno garderob'. Upon this Bishop RC seeks judgement and day is given between the parties in Easter term 1405.

Postea text: postea 1 - Bishop RC makes essoin and the case is forwarded to later in Easter term 1405.

Postea text: postea 2 - Bishop RC does not come and so the sheriff of Worcester is ordered to make distraint against the bishop per all his lands etc. and to have him her in the feast of St John the Baptist 1405 etc.

Postea text: [further information drawn from CP40/578 rot. 440, here a new counterplea is entered, the court apparently having decided the original counterplea was insufficient.] Bishop RC says that he was always prepared to pay the said £80 residue of his aforesaid £120 bond with JH. Bishop RC says concerning the remaining £372 7s 5½d which JH says he bought, that he purchased that cloth as keeper of the Great Wardrobe of the Richard II for the benefit and use of the late king, and that this was reckoned in the exchequer of Richard II as is patent in the record. [Further pleading unclear due to damage, appears to include a writ given at Westminster 24 November 1405.] Day is given between the parties in Hilary term 1406.

Postea text: postea 1b - JH comes but bishop RC does not and so the sheriff is to make distraint against all the lands and goods of bishop RC and the parties are to come in Easter term 1406.

Case notes: further information drawn from CP40/578 rot. 440, in this second entry there is a new counterplea by the Bishop and no mention is made of the original counterplea that he should not have to answer because of spelling differences in the manner in which he was named.

Court of Common Pleas, CP 40/576, rot. 283

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William R. claims that John H. owes him £36 16s per a bond. Damages claimed at £40. Bond shown in court. Noted that the bond does not say where it was made but WR claims it was made at London etc.

Pleading: JH says that the suit against him ought not continue because since the making of the said bond WR issued him a release at York, Yorkshire.

Pleading: WR says that the said writ is not of his making and seeks inquiry upon the country, and JH seeks likewise. Order to the sheriff of the city of York etc.

Court of Common Pleas, CP 40/576, rot. 283d

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Robert H. claims that Hugh M. owes him £11 per a bond. Damages claimed at £20. Bond shown in court. Noted that the bond says nothing of where it was made, but RH says it was made at London etc.

Pleading: HM says that RH ought not maintain his action against him concerning £7 of the aforesaid £11, because since the making of the bond RH issued him a release at Southampton concerning £7 partial payment of the debt. And, HM says that RH ought not maintain his action against him concerning the £4 residue of the aforesaid £11 because he was always prepared to pay the remaining £4 to RH if RH was willing to deliver to him a release concerning the same £4. Moreover, HM offers to pay RH the remaining £4 in this court.

Pleading: RH says that the said release concerning the supposed £7 partial payment is not of his making and seeks inquiry upon the country, and HM seeks likewise. Order to the sheriff of Hampshire concerning this release. RH also says that HM was not prepared to pay him the said £4 residue and seeks inquiry upon the country, and HM seeks likewise. Order to the sheriff of London concerning this £4. Pledges are named for the defendant. The release is put into the safe keeping of clerk William P.

Postea text: postea 1 - neither of the sheriffs of the aforesaid counties returned their writ and so the case is forwarded as far as Trinity term 1405.

Postea text: postea 2 - concerning the said release for £7 partial payment of the £11 debt HM does not come and so is in default. Jury is to be made to come for judgement etc. Concerning the payment of the £4 residue of the said £11 debt, the sheriff of London did not sent his writ. The case is forwarded as far as the feast of St John the Baptist 1406.

Court of Common Pleas, CP 40/576, rot. 293d

Term: Hilary 1405
County: Kent
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: Robert K. claims that Richard S. and Robert H., contrary to their oath seized and detain from one messuage of RK in West Greenwich, Kent: 1 'doser', 2 bankers, one green and one brown shirt ('collobia'), 6 'capicia', 5 pieces of celure (canopy), one pair of curtains for a bed, one red lining for a shirt, one whittle, one chalon, 5 sheets, six table-cloths (mappas), 6 towels, 4 sanaps, 3 pillows, various pieces of iron, 3 chests, 6 breeches, 6 shirts, 9 kerchiefs ('flamiolas'), various pieces of woollen cloth, 3 basins, 3 lavers, 4 candlesticks, one chafer', 12 pewter jars, 15 dishes ('parapcides'), 15 dishes ('discos'), and 5 pewter saucers, 2 leather jugs, 5 brass plates, 8 brass jars, one mortar, two sides of bacon, 6 poleaxes, 7 axes, 1 colter, 1 share, 1 spit of iron, 3 silver spoons, broken silver, one pair of amber-beads, one grate, one bowl ('crateram'), and one mazer of maple-wood. Damages claimed at £20.

Pleading: RS and RH defend etc. RS says that he demised the said messuage with appurtenances in West Greenwich, Kent, to RK to be held at will for an annual rent of 5s payable at Michaelmas. However, RK fell 60s 8d in arrears and so RS made distraint against his goods as he had good licence to do. RH says that he only acted as RS's servant in the taking of RK's goods.

Pleading: RK repudiates the story told by RS and says that for a long time before the seizure of his goods a certain Robert M., father of RS's wife Christina S., was seised of the said messuage with appurtenances. RK says that RM granted him the said messuage by a certain charter which RK presents to this court, given at West Greenwich on 23/03/1383. RK says that he held the said messuage until the death of RM, at which point his daughter and heir CS (wife of defendant RS) made entry into the property and displaced RK.

Pleading: RS and RH say that nothing of the aforesaid messuage was transferred in the said charter, and seek inquiry upon the country, and by the witnesses to the said charter: Walter T., Robert W., Robert M., Gilbert M, and William M. RK also seeks inquiry. Noted that RK puts in his place, concerning this case, a certain Richard E.

Postea text: postea 1 - the parties come but the jury is placed in respite as far as Easter term in five weeks 1405.

Postea text: postea 2 - the jury come and say that they have a decision but RK does not prosecute his writ, and so he and his pledges of the prosecution are in mercy. Therefore, the decision is that RH and RS are without day and to have return of the aforesaid chattels of (RK), exempt from replevin, in perpetuity.

Court of Common Pleas, CP 40/576, rot. 325

Term: Hilary 1405
County: Surrey
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas M. claims that John K. owes him 100s per a bond. Damages are claimed at £20. Bond shown in court. Noted that the bond says nothing of it was made, but TM says it was made at London etc.

Pleading: JK says that the bond is not of his making and puts himself upon the country, and TM puts himself likewise. The bond is put into the safe keeping of William P.

Court of Common Pleas, CP 40/576, rot. 415

Term: Hilary 1405
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Real action / rents / damage to real estate; Sale of goods; Taking of goods

Pleading: William D. is in mercy for many defaults. John O. claims that WD and Willian B. used force and arms to his close at Kingston, Surrey, where they reaped/mowed, seized, and carried off 40 cart-loads of wheat and 40 cart-loads of barley that was lately growing there, as well as 28 cart-loads of hay lately growing there etc. to the value of £10. Damages claimed at £40.

Pleading: WD and WB say that the hay and grain in question was neither worth as much as JO claims, nor that there was as much of it as JO claims. Moreover, they say that the location of he supposed trespass was actually the free tenement of WD alone.

Pleading: JO says that the land where the trespass took place was in fact part of his messuage of 46 acres of land with appurtenances, of which a certain John D. was seised in fee and of his demesne long before the said trespass. JO claims that on 16/11/1398 JD recognized per a bond of Statute Staple at the staple of Westminster, Middlesex, that he was held to JO in 20m for diverse merchandise JD had bought. However JD did not pay this 20m, and so JO sought a writ of the king returnable in Chancery during Hilary term 1404. As a result of this writ, the same lands and tenement of JD were delivered to JO to hold of himself and his heirs until such time as he should be satisfied for JO's 20m debt as well as all JD's costs in bringing the case (before Chancery).

Pleading: WD and WB say that JD was not seized of the land at the time when he made the said bond/recognizance with JO and seek inquiry upon the country, and JO seeks likewise. [further detail from CP40/583 rot.113 - it is claimed that prior to the making of the aforesaid bond, that JD had enfeoffed Thomas Dryfeld with the aforesaid lands.]

Postea text: postea 1 - continuance between the parties as far as Easter term 1406.

Postea text: postea 2 - both parties and the jury come, and the defendants claim that the jury was selected by Alexander B., sheriff of Kingston, and that it is bias in favour of JO. The jury concedes that this is true, and so a new jury is to be made to come in Trinity term 1406.

Postea text: postea 3 - both parties and the jury come, and the defendants claim that the jury was selected by Alexander B., sheriff of Kingston, and that it is bias in favour of JO. The jury concedes that this is true, and so a new jury is to be made to come in Michaelmas term 1406.

Case notes: related to embracery case on CP40/583 rot.113, with come further detail.

Court of Common Pleas, CP 40/576, rot. 452

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 10m
Case type: Bond; Imprisonment

Pleading: James H. claims that Hugh C. owes him 20m on two separate 10m bonds. Damages are claimed at £20. Bonds shown in court. Noted that the bonds do not say where they were made but JH says they were made at London etc.

Pleading: HC says that the force of the bonds ought not hold because at the time of their making he was imprisoned by JH at Cambridge.

Pleading: JH says that HC was a free man at the time of the making of the bond and seeks inquiry upon the country, and HC seeks likewise. Order to the sheriff of Cambridge etc. Noted that HC puts a certain John V. in his place concerning this case.

Postea text: postea 1 - the sheriff of Cambridgeshire returns that the writ reached him too late and so the case is forwarded as far as Trinity term 1405.

Postea text: postea 2 - continuance between the parties as far as Hilary term 1406.

Postea text: postea 3 - The jury comes and says upon oath that HC did make the said bonds of his own free will. Thus, JH is to recover the said 20m plus 10m damages. HC is in mercy.

Court of Common Pleas, CP 40/576, rot. 454d

Term: Hilary 1405
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John T. claims that John K. owes him £28 1d arising from the sale of various furs which JK bought but did not pay for. The furs were namely: one miniver fur of 19 tymbers (usually bundles of 40 pelts) worth 6s 8d each; 12 tymbers of 'brood miniver' worth 5s each; 13 squirrel furs (popul - summer fur of squirrel) worth 10s 6d each; 3 furs of squirrel eight beasts in length worth 12s each; 100 martens worth 17d; 11 'strandling' furs worth 6s 8d each; 9 furs called 'ermine' worth 15d each; 2 furs of budge worth 4s each; and 2 furs of bogy and for two caps worth 2s 8d. Damages are claimed at £20.

Pleading: TK says that he does not owe JT the said £28 1d nor any other monies and offers his law. Pledges of law are named.

Postea text: Postea 1 - TK makes essoin and so the case is forwarded as far as Easter term 1405.

Postea text: Postea 2 - JT does not come and so he and his pledges of the prosecution are in mercy. TK is without day.

Court of Common Pleas, CP 40/576, rot. 455

Term: Hilary 1405
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: John Banham claims that Deoffery P., Robert A., John F., and John H. - executors of the will of John V. - owe him £45 per a bond made between John Bonham and John V. during his lifetime. Damages are claimed at 100m. Bond shown in court. Noted that the bond says nothing of where it was made, but John Bonham says it was made at London etc.

Pleading: The executors (GP, RA, JF, JH) say that the action against them ought not continue because they had already made full administration of the goods and chattels of the late JV prior to the making of the writ against them.

Pleading: John Banham says that when the original writ was made, namely 12/11/1404, the executors were still in possession of un-administered goods and chattels of the late JV at Leicester, Leicestershire, sufficient to have covered the said debt. John Banham seeks inquiry upon the country, and the executors seek likewise.