CP40/578: Trinity term 1405

Court of Common Pleas, CP 40/578, rot. 033d

Term: Trinity 1405
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: Parson William M. claims that John W. owes him £40 per a certain indenture by which JW ought to have held of WM his church of West Grinstead, Sussex, with its fruits, issues, rights etc. as well as the rectory lodging and all lands of the same parsonage with appurtenances. This indenture was to be observed and held to by JW and a certain lord Robert G. for three years, starting Michaelmas 1401. During this period WM was to receive 25m per annum at the four terms of Christmas, the Annunciation of St Mary, the Nativity of St John the Baptist, and Michaelmas in equal portions. And, should JW is any way 'infringe' upon this agreement, then he should be held to WM in £40. Hence this present case has been brought because WM defaulted on his payment of Christmas 1401, obligating himself in the said £40, which JW has not paid. Damages are claimed at £40. The indenture is shown in court.

Pleading: JW says that WM, after the making of the aforesaid indenture, gave him a release at West Grinstead, Sussex, concerning all actions real and personal.

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

Court of Common Pleas, CP 40/578, rot. 106

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

Pleading: Henry J. claims that John W. owes £6 13s 4d per a bond. Damages are claimed at £20. Bond shown in court.

Pleading: JS says that HJ ought not maintain the action against him because after the making of the aforesaid bond HJ and JS made an indenture which said that if JM and a certain William P., or either of them, should make payments to HJ of 3s 4d in Easter 1398, 3s 4d in the Nativity of St John the Baptist 1398, and then 3s 4d every quarter year thereafter until they should pay off the aforesaid £6 13s 4d, then the bond should be null and void. JW says that he made all of these payments, as per the indenture, at Westminster, Middlesex.

Pleading: HJ says that JW did not pay him the aforesaid £6 13s 4d at the terms stated, and that he did not make his payment of Christmas 1401 according to the form and effect of the indenture and seeks inquiry upon the country, and JW seeks likewise. Order to the sheriff of Middlesex etc.

Postea text: postea 1 - the sheriff of Middlesex did not send the writ and so the case is forwarded to later in Michaelmas term 1405.

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

Postea text: postea 3 - In this manner come the parties an it is ordered to the sheriff, just as before, to distrain the jury between the parties, as previously empanelled.

Postea text: postea 4 - And the sheriff of Middlesex returns that he delivered the writ of 'decem tales' to Robert H. bailiff of the liberty of Westminster who returned the names of 'decem tales' among whom he returned a only certain Adam Barbour, who was first empanelled. Therefore nothing is to proceed and the case is placed in respite as far as the octave of St John the Baptist (1407?), and the sheriff of Middlesex is not to omit the said liberty. And, the sheriff if to appoint 'decem tales'.

Court of Common Pleas, CP 40/578, rot. 107

Term: Trinity 1405
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: Richard W. is in mercy for many defaults. Joice V. claims that Richard W. has not rendered reasonable account concerning the time when RW was receiver of the monies of JV, namely from 10/11/1402 until 20/05/1403. JV claims that during this period RW received on his behalf £50 by the hands of a certain John F. at London, parish of St John Zachary, ward of Cripplegate. Damages are claimed at £20.

Pleading: RW claims that the action against him ought not continue because he already rendered full account to JV at Bures St Mary, Suffolk, on 5/11/1403 before auditors Thomas M. and Thomas H. And upon this day is given between the parties at the octave of Michaelmas 1405.

Court of Common Pleas, CP 40/578, rot. 113d

Term: Trinity 1405
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 10s
Case type: Bond

Pleading: John F., Robert C., and John C., claim that Thomas C. owes them 50s per a bond. Damages are claimed at £10.

Pleading: TC comes and says that he is not able to deny that he is held to the plaintiffs for this money nor is he able to deny the validity of the bond. JF, RC, and JC are to recover the said debt plus damages of 10s. TC is sent to the Fleet prison where he shall remain until he has paid the said debt and damages.

Postea text: postea 1 - 14/07/1405 JF, RC, and JC come to the court by attorney and say that they have been satisfied concerning the aforesaid debt and damages. TC is to be released from prison.

Court of Common Pleas, CP 40/578, rot. 116

Term: Trinity 1405
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: Robert Lenham of the vill of Rivenhall in the diocese of London, administrator of the goods and chattels of John Broke of Stisted within the deanery of Bocking - a peculiar of Canterbury - claims that William Kentysh and William FitzPiers, together with John J., used force and arms to seize and carry off goods and chattels of the late JB which were in RL's administration at London. The goods and chattels taken were namely one horse worth 100s; as well as one knapsack (manticam), two saddles with two harnesses and many other goods and chattels contained within the same knapsack worth £10. This to the hindrance of RL and damages are claimed at £40. RL shows to the court letters of administration issued by John P. clerk of the court of the registry of Thomas A. archbishop of Canterbury.

Pleading: WK and WF say that they are innocent of the use of force and arms and put themselves upon the country, and RL puts himself likewise. Concerning the said trespass JK says that before his death JB came as far as London on the said horse and with the said goods to a certain lodging in the parish of St. Edmund, Langbourn ward, and because he was given to understand to JJ who was an intimate/relation of the JB that JB had been killed at London the same JJ came to London and the lodgings of JB where he discovered that JB had been thrown (proiectum) into the water of the Thames and interred. WK also says that JJ then went to the lodging where JB had been staying and sold the horse of the late JB to the hosteler of the same lodging for half the expenses concerning the time during which the horse had been maintained at the lodging and afterwards the aforesaid horse and chattels were sold to WK in the full market (on the open market) for 15s and the same certain 15s JJ later used to pay for the burial and funeral of JB. Afterwards RL attained letters of administration and wished to seize the same horse and chattels from WK, but WK would not allow it. WK says he intended no harm.

Pleading: RL says that WK and JJ connived and plotted together to prevent RL from making administration of the said horse and chattels, and RL reiterated his claim that WK set about seize the horse and chattels in an attempt to hinder his administration.

Pleading: WK denies that there was any collusion between himself and JJ and puts himself upon the country, and RL puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant. Noted that RL puts in his place concerning this case a certain Adam H.

Postea text: postea 1 - the sheriff did not send the writ and so the case is forwarded to later in Michaelmas term 1405.

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

Postea text: postea 3 - WK does not come to defend and so he is in default. The case is forwarded as far as Trinity term 1406 for lack of a jury.

Postea text: postea 4 - 24/11/1406 JG (one of the sureties of defendant WK) comes before the court and seeks to be admitted (to the king's peace) etc. This is set at 2s and pledges John L. and Robert B. are named for him. It is decided that JG is to be without day.

Court of Common Pleas, CP 40/578, rot. 119d

Term: Trinity 1405
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Arbitration; Bond; Loan

Pleading: John C. claims that Thomas P. owes him £40 arising from a £20 bond and a £20 loan. Damages are claimed at £20.

Pleading: [no counterplea is entered on rot 119d, further information taken from CP40/578 rot. 320] TP says concerning the £20 bond, that JC ought not continue the action against him because after the making of the said bond, namely on 08/07/1403, the parties made an indenture, which TP presents to the court. This indenture says that TP and JC are mutually held to each other in a bond of £20 that they should undertake arbitration in London before arbitrators Henry J. and James S. on the part of TP, and Walter S. and Edmund H. on the part of JC, within/before (infra) the feast of Michaelmas 1403 (29/09/1403) concerning all real and personal actions between them prior to the time of the arbitration. And, if these aforesaid arbitrators are not able come to an agreement within Michaelmas 1403, then both parties should submit to the arbitration of John Kyrkeby of the Guildhall. Finally, the indenture says that if this arbitration should be undertaken within Michaelmas 1403 then the said bond (of £20) per TP (by which TP is held to JC) should be null and void. TP says that he was prepared to undergo this arbitration at London, in the Church of St Thomas of Acon, Cheap Ward, before Michaelmas on 27/09/1403 and so fulfilled the terms of the said indenture (the inference being that JC was not ready with his arbitrators so that the negotiations could take place).

Pleading: JC says that TP was not at the aforesaid Church, on the aforesaid day, with his arbitrators, so that the arbitration could take place and seeks inquiry upon the country, and TP seeks likewise.

Pleading: TP says concerning the £20 loan which JC claims to be owed, that he does not owe JC this said £20 nor any other monies and offers his law. Pledges of law are named as well as pledges for future appearance. Order to the sheriff of London to make view of the Church of St Thomas of Acon for Michaelmas term 1405 and that TP is to return to make his law in Michaelmas term 1405 etc.

Postea text: postea 1 - TP comes and makes his law concerning the £20 JC claimed to be owed per a loan. TP is without day (concerning this £20) and JC and his pledges of the prosecution are in mercy.

Case notes: Further information drawn from CP40/578 rot. 320

Court of Common Pleas, CP 40/578, rot. 134

Term: Trinity 1405
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: John M. claims that Robert W. owes him £300 (trescentas libras) per a bond. Damages are claimed at £200. Bond shown in court. Noted that the bond does not say where it was made, but JM says it was made at London etc.

Pleading: RW says that after the time of the making of the said bond JM issued him an acquittance at Fotheringhay, Northamptonshire. This acquittance is shown to the court.

Pleading: JM says that the acquittance is not of his making and seeks inquiry upon the country, and RW puts himself likewise. Order to the sheriff of Northamptonshire etc. The acquittance is put into the safe keeping of clerk William P.

Court of Common Pleas, CP 40/578, rot. 150

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

Pleading: Thomas C. claims that Adam C. owes him 200m per a bond. Damages are claimed at 100m. Bond shown in court. Noted that the bond does not say where it was made, but TC says it was made at London etc.

Pleading: AC says that the bond is not of his making and puts himself upon the country, and TC puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant. The bond is put in the safe keeping of clerk William P.

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

Court of Common Pleas, CP 40/578, rot. 183

Term: Trinity 1405
County: Surrey
Writ type: Trespass (against statute)
Case type: Breach of Statute; Contract (service/employment)

Pleading: Thomas C. claims that he took William G. into his service at Southwark, Surrey, on 03/02/1405 to work as brewer for one whole year. However, WG left his service prematurely on 06/05/1405. Damages are claimed at 20m.

Pleading: WG says that he was not retained by TC for the aforesaid time and puts himself upon the country, and TC puts himself likewise. Order to the sheriff of Surrey etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/578, rot. 183

Term: Trinity 1405
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John R. claims that Thomas H. owes him £14 per a loan. Damages are claimed at £10.

Pleading: TH says that he does not owe JR the said £14 nor any other monies and offers his law. Pledges of law are named and TH's attorney is ordered (as surety of future appearance) to 'have his master' at the court to make his law etc.

Postea text: postea 1 - TC makes essoin and so the case is forwarded until later in Michaelmas term 1405.

Postea text: postea 2 - JR does not come and so he and his pledges of the prosecution are in mercy, and TH is without day.

Court of Common Pleas, CP 40/578, rot. 183d

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

Pleading: John O. with his wife Joan O. (also called Joan Chestre, silk-woman) and William S. claim that John E. owes them £11 6s 8d per a bond made between John E. on the one part and WS with Joan O. (then a single woman) on the other part. This bond was to be paid at London in payments, namely: 40s at Easter 1401, 40s at the Nativity of St John the Baptist 1401, 40s at Michaelmas 1401, 40s at Christmas 1401, 40s at Easter 1402, and 26s 8d at the Nativity of St John the Baptist 1402. Damages are claimed at £10. Noted that the bond does not say where it was made but WS and Joan O. say it was made at London etc.

Pleading: JE says that the action against him ought not continue because after the making of the said bond Joan O., under the name of Joan Chestre silk-woman gave him a release at Southwark, Surrey.

Pleading: The plaintiffs say that the action against them ought not continue because the release is not of Joan O.'s making. The plaintiffs seeks inquiry upon the country, and JE seeks likewise. Order to the sheriff of Surrey etc. The release is put in the safe keeping of clerk William P.

Court of Common Pleas, CP 40/578, rot. 204

Term: Trinity 1405
County: London
Writ type: Debt (bond); Debt (sale of goods)
Case type: Bond; Sale of goods

Pleading: Thomas P. claims that John P. owes him 40s arising from a bond of 17s 3d and the sale of diverse spices to JP for 22s 9d. The spices were namely: six pounds of pepper, one pound of saffron, and one-half pound of cloves. Damages claimed at £10. Bond shown in court. Noted that the bond does not say where it was made, but TP says it was made at London etc.

Pleading: JP says that the 17s 3d bond is not of his making and seeks inquiry upon the country, and TP seeks likewise. JP also says that he does not owe TP the remainder of the aforesaid debt (i.e. the other 22s 9d) nor any other monies and puts himself upon the country, and TP puts himself likewise. Order to the sheriff of London etc.

Court of Common Pleas, CP 40/578, rot. 204d

Term: Trinity 1405
County: Kent
Writ type: Disseisin
Case type: Dower; Real action / rents / damage to real estate

Pleading: Walter P. and his wife Katherine P. seek from William C. with his wife Massia C. and Thomas B. with his wife Letitia B.: a third part of the manor of Bukland, Kent; and 140 acres of land, 200 acres of pasture, 40 acres of wood, 20s in rents, and renders of 43 hens, 24 eggs, and three 'vomern' ' in Luddesdown, Meopham, and Halling, Kent ('Lullesdon, Mepeham, and Hallyng'). Katherine claims these lands etc. by right of dower, out of her dowry by John P., who was her (husband) etc.

Pleading: WC, MC, TB, and LB say that they are not able to deliver the said properties etc. to WP and KP because WC and TB hold the said lands with a certain Roger P. who is not named in writ, and seek judgement on the writ.

Pleading: KP and WP are not able to deny the exception (i.e. the omission of RP's name from the writ), and so the defendants seek that the plaintiffs be made to get a better writ etc.

Postea text: KP and WP are in mercy because their writ was inaccurate (omitted a relevant party).

Court of Common Pleas, CP 40/578, rot. 229d

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

Pleading: John H. and Nicholas P. are in mercy for many defaults. John L. claims that on 13/03/1401 JH, NP, Richard K. and William C. used force and arms to break his close at Swainstone, Hampshire (Isle of Wight), cut, and carry off 200 oak trees, 60 ash trees, and 40 cartloads of underwood to the value of £20. JL also claims that they depastured his land with horses, sheep, cows, pigs, lambs, etc. continuously from the said 13/03/1401 until 10/12/1404. Damages are claimed at £40.

Pleading: JH, NP, RK, and WC say that concerning the use of force and arms they are innocent and put themselves upon the country, and JL puts himself likewise. Concerning the cutting of trees, depasturing, etc. NP says that at the time and in the location of this supposed trespass he was cutting trees etc. only on his own free tenement and hence was only acting with good licence. Further, JH, RK, and WC say that they were only acting as NP's servants.

Pleading: JL says that, at the time of the trespass, NP was cutting trees etc. on the soil and free tenement of NP himself, and not the soil and free tenement of NP. Moreover, JL reiterates his claim that NP committed trespass with force and arms etc. JL seeks inquiry upon the country, and NP seeks similarly. Order to the sheriff of Hampshire etc.

Postea text: 1 postea - the sheriff did not send the writ and so the case is forwarded until later in Michaelmas term 1405.

Court of Common Pleas, CP 40/578, rot. 234

Term: Trinity 1405
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Isabel H. claims that Walter B. owes her £10 per a bond. Damages are claimed at £20. Bond shown in court.

Pleading: WB comes and defends etc. Upon this day is given between the parties in Michaelmas term 1405, reserved to the parties in the current state etc.

Court of Common Pleas, CP 40/578, rot. 236d

Term: Trinity 1405
County: Surrey
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: William M. seeks from John T. (Sen.) and his wife Margaret T. one messuage with appurtenance in Kingston upon Thames, Surrey. WM says that a certain Walter C. gave this messuage to Emma M., the widow of Walter M., Emma's daughter Isabel, and Isabel's heirs by way of a gift. Hence, EM and her daughter IM were seised of the messuage as their free tenement during the reign of Edward III. When EM died this land passed to IM, and after her death it passed to the plaintiff William as her son and heir.

Pleading: JT (Sen.) and his wife MT seek to warrant Edmund B., Edward L., and John T. (Jr.) from the county of Hereford to support their claim.

Pleading: WM says that JT and MT ought not call EB, EL or JT (Jr.) to warrant because neither they nor any other of their antecessors have any claim to the demesne or services of the said messuage with appurtenances prior to the making of the present writ on 12/02/1403; after the seisin of EM and her daughter IM, who were seised of the said property etc. Upon this WM seeks inquiry upon the country, and JT with MT seek likewise. Order to the sheriff of Surrey etc.

Postea text: Process continued, jury in respite to octave of Hilary 1406. WM comes, JT and MT do not come. The messuage to be taken into the hands of the king etc. JT and MT are to come before the court to hear judgment in in Trinity term 1406.

Postea text: WM comes, and the sheriff of Surrey returns that he sent the writ to John L., bailiff of the liberty of Kingston upon Thames, for execution, but he did nothing. Order that the sheriff of Surrey, notwithstanding the liberty, is to take the messuage into the hands of the king. JT and MT are again to be summoned to hear judgment etc.

Court of Common Pleas, CP 40/578, rot. 267

Term: Trinity 1405
County: London
Writ type: Account
Damages claimed: £100
Case type: Contract (service/employment); Reckoning of account

Pleading: Edmund D. claims that Richard I. has not rendered reasonable account for the time when he was receiver of ED's monies, namely from Michaelmas 1398 to Christmas 1398. ED claims that during this time RI received on his behalf £3 11s 4½d by the hands of a certain William I. Damages are claimed at £100.

Pleading: RI says that he was never receiver of the monies of ED for the time specified and puts himself upon the country, and ED puts himself likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/578, rot. 296

Term: Trinity 1405
County: London
Writ type: Debt (sale of goods)
Damages claimed: 60s
Damages awarded: 60s
Case type: Sale of goods

Pleading: Emma, former wife of Walter Ludney, and Robert Ragunell, executors of the will of Walter Ludney, state that on 8 July 1382, Hugh de Bisseley bought from the late WL 3 yards of scarlet cloth, 3 yards of blue cloth, 3 yards of green cloth, and 4 pair of hose made from kersey, all for 64s 8d, payable at Christmas then next. However, he has not paid, either Walter himself or his executors, to their damage of 60s. They show in court the testamentary letters of Walter, by which they are executors and have administration.

Pleading: HB says that he does not owe this 64s 8d or any money as claimed. Order that he wager his law at the octave of Michaelmas; pledges of law are named.

Postea text: HB does not come to wager his law. Plaintiffs to recover the said debt and the damages claimed, HB and pledges amerced. Plaintiffs freely release 20s of the said damages.

Court of Common Pleas, CP 40/578, rot. 296

Term: Trinity 1405
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Arbitration; Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: John Tounsende, in person, states that John Kyngton unjustly detains from him a bond indicating that he was bound to a certain William Widecombe in £40. JT states that on 13 December 1404, in London (parish of St Gregory, Castle Baynard ward), he delivered this bond to RF for safe-keeping, to be returned to him on request, but RF has refused to do so, to his damage of £40.

Pleading: JK, by attorney [name omitted], presents the bond in court, ready to deliver it as the court orders. He states that the bond was given to him jointly by JT and WW on certain conditions, but he does not know whether these conditions have been implemented on the part of WW. He asks that WW be forewarned, and this is granted. Order to the sheriff of London to make known to WW to be here at the quindene of Michaelmas, to show any reason why the bond should not be delivered to JT. Same day given to parties.

Pleading: [continued at Michaelmas 1405, rot 132] On this day, JT and JK came by attorney, and WW in person. Sheriff said that he had warned W to be here by Thomas Aleyn and William Gamelyngey. JT seeks delivery of the bond. WW states that livery of the bond ought to pertain to him, since there was a dispute between Thomas, former prior of Bradenstoke, and JT, alias John Chippenham, concerning 7 acres of assarted land in the forest of Pewsham by Chippenham, which the former prior occupied. It was agreed to settle this by arbitration, and thus WW, as attorney of the former prior, and JT agreed to submit to the arbitration of a certain John Kyngton, on the part of the prior, and RF on the part of JT. For the performance of the decision of the arbiters, WW obliged himself to JT in £40 by the bond of which JT seeks delivery, which was delivered to RF jointly by them under certain conditions, namely that if the former prior implements the terms of the arbitration, then the bond should be returned to WW; otherwise it would be delivered to JT. He says that the arbiters accepted their task, and met in St Paul's cathedral in London [ward omitted], and decided that the former prior should return the 7 acres of land in Chippenham to JT before the first Sunday in Lent next following, and should also pay JT 6m to cover his costs, and the profits of that land received by them before the day of the arbitration. He states that the former prior was always prepared to restore the lands to JT as decided, and at Bradenstoke offered to put JT in full possession before the said first Sunday in Lent, and also to pay the said 6m; however JT refused this unless he received certain lands in the forest of Pewsham, and thus delivery of the bond pertains to WW.

Pleading: JT, protesting that the former prior did not offer him the 6m as agreed, states that he ought to have delivery of the bond. He says that it is true that there was a dispute over this land, and that they agreed to undertake arbitration, and WW entered the bond for the performance of this arbitration. He says, however, that the arbiters met on 26 January 1405, in St Paul's cathedral, and ordered that the prior should return to JT all lands in Chippenham in dispute between them, which JT claims as his right to hold from the prior and convent in perpetuity, and to put him in full possession before the said first Sunday in Lent, without making waste, destruction or sale of any of the wood or underwood in the meantime. If such waste, etc should be made after the said 26 January by the prior and convent or any on their behalf, then they should make restoration to JT, and should also pay 6m to cover costs and lost profits before the said 26 January. They should also re-pay any rents due to the king, and agreed not to disturb JT's possession in future. JT came before the prior at Bradenstoke before the said first Sunday in Lent and asked that he be placed in full possession, but the prior and convent refused.

Pleading: WW repeats that the prior and convent were fully prepared to deliver the said 7 acres to JT before the said first Sunday in Lent, as claimed.

Pleading: JT repeats that the prior and convent were not prepared to deliver the said lands. Enquiry by country, sheriff of Wiltshire to have jury of Bradenstoke here at octave of Hilary. Same day given to RF by his attorney.

Case notes: Related case on CP 40/578, rot 296d. Continued on CP 40/579, rot 132.

Court of Common Pleas, CP 40/578, rot. 296d

Term: Trinity 1405
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Arbitration; Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: John Tounsende, in person, states that Robert Frye unjustly detains from him a bond indicating that William Widecombe was bound to JT in £40. JT states that on 13 December 1404, in London (parish of St Gregory, Castle Baynard ward), he delivered this bond to RF for safe-keeping, to be returned to him on request, but RF has refused to do so, to his damage of £40.

Pleading: RF, in person, presents the bond in court, ready to deliver it as the court orders. He states that the bond was given to him jointly by JT and WW on certain conditions, but he does not know whether these conditions have been implemented on the part of WW. He asks that WW be forewarned, and this is granted. Order to the sheriff of London to make known to WW to be here at the quindene of Michaelmas, to show any reason why the bond should not be delivered to JT. Same day given to parties.

Pleading: [continued on CP 40/579, rot 134] Parties come by attorneys [omitted], WW in person. Sheriff sent that he informed WW to be here by Thomas Aleyn and William Gamelyngey. JT seeks delivery of the bond. WW states that livery of the bond ought to pertain to him, since there was a dispute between Thomas, former prior of Bradenstoke, and JT, alias John Chippenham, concerning 7 acres of assarted land in the forest of Pewsham by Chippenham, which the former prior occupied. It was agreed to settle this by arbitration, and thus WW, as attorney of the former prior, and JT agreed to submit to the arbitration of a certain John Kyngton, on the part of the prior, and RF on the part of JT. For the performance of the decision of the arbiters, WW obliged himself to JT in £40 by the bond of which JT seeks delivery, which was delivered to RF jointly by them under certain conditions, namely that if the former prior implements the terms of the arbitration, then the bond should be returned to WW; otherwise it would be delivered to JT. He says that the arbiters accepted their task, and met in St Paul's cathedral in London [ward omitted], and decided that the former prior should return the 7 acres of land in Chippenham to JT before the first Sunday in Lent next following, and should also pay JT 6m to cover his costs, and the profits of that land received by them before the day of the arbitration. He states that the former prior was always prepared to restore the lands to JT as decided, and at Bradenstoke offered to put JT in full possession before the said first Sunday in Lent, and also to pay the said 6m; however JT refused this unless he received certain lands in the forest of Pewsham, and thus delivery of the bond pertains to WW.

Pleading: JT, protesting that the former prior did not offer him the 6m as agreed, states that he ought to have delivery of the bond. He says that it is true that there was a dispute over this land, and that they agreed to undertake arbitration, and WW entered the bond for the performance of this arbitration. He says, however, that the arbiters met on 26 January 1405, in St Paul's cathedral, and ordered that the prior should return to JT all lands in Chippenham in dispute between them, which JT claims as his right to hold from the prior and convent in perpetuity, and to put him in full possession before the said first Sunday in Lent, without making waste, destruction or sale of any of the wood or underwood in the meantime. If such waste, etc should be made after the said 26 January by the prior and convent or any on their behalf, then they should make restoration to JT, and should also pay 6m to cover costs and lost profits before the said 26 January. They should also re-pay any rents due to the king, and agreed not to disturb JT's possession in future. JT came before the prior at Bradenstoke before the said first Sunday in Lent and asked that he be placed in full possession, but the prior and convent refused.

Pleading: WW repeats that the prior and convent were fully prepared to deliver the said 7 acres to JT before the said first Sunday in Lent, as claimed.

Pleading: JT repeats that the prior and convent were not prepared to deliver the said lands. Enquiry by country, sheriff of Wiltshire to have jury of Bradenstoke here at octave of Hilary. Same day given to RF by his attorney.

Case notes: Related case on CP40/578 rot 296 Continued on CP 40/579, rot 134.

Court of Common Pleas, CP 40/578, rot. 335

Term: Trinity 1405
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Ralph L. claims that Thomas C. owes him 40s arising from the sale of 12 yards of woollen cloth which TC bought but did not pay for. Damages claimed at 40s.

Pleading: TC says that he does not owe RL the said 40s nor any other monies and offers his law. Pledges of law are named, and TC's attorney Robert N. is instructed to have his master to the court in Michaelmas term 1405 to make his law.

Court of Common Pleas, CP 40/578, rot. 335d

Term: Trinity 1405
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Loan; Sale of goods

Pleading: Richard P. claims that Thomas C. owes him 40s arising from a loan of 8s and the sale of 32s worth of cloth which TC bought but did not pay for. The cloth was namely 14 yards of russet cloth called 'frieze' for 18s 8d, one coverlet (cooportorium) with one tapet of red and black striped worsted worth 13s 4d. Damages are claimed at 100s.

Pleading: TC says that he does not owe RP the said 40s nor any other monies and offers his law. Pledges of law are named.

Court of Common Pleas, CP 40/578, rot. 389

Term: Trinity 1405
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William B. and John G., executors of the will of John T., (both staying/dwelling (commorantibus) in the parish of St Michael Cornhill, London) claim that John P. owes them 40s arising from the sale of cloth. WB and JG claim that the late JT sold to JP 8 yards of blue cloth, 6 yards of black cloth, one yard of violet, 6 yards of russet, and one yard of scarlet cloth for the said 40s, but that JP did not pay for it. Damages are claimed at 100s.

Pleading: JP says that he does not owe WB and JG the said 40s nor any other monies, and offers his law. Pledges of law are named.

Court of Common Pleas, CP 40/578, rot. 433

Term: Trinity 1405
County: London
Writ type: Fraud
Damages claimed: £20
Case type: Sale of goods

Pleading: John C. claims that he agreed to buy a horse from Thomas F. at West Peckham, Kent, a horse which TF knew to be blind, infirm and unable to work but which he nevertheless warranted as fit and fraudulently sold this horse to JC for a large sum of money, namely [omitted]. This was to his damage of 100s, and hence he claims damages of £20.

Pleading: TF says that he did sell the said horse to JC, but in London and not in Kent, and that he did not warrant it to JC as claimed. This he is prepared to verify.

Pleading: JC reiterates his claim that TF sold him the horse at West Peckham, with his warrant that it was good. Enquiry on country. And since the justices are yet to be advised where the plea ought to be determined, day is given between the parties at the quindene of Michaelmas 1405.

Court of Common Pleas, CP 40/578, rot. 439d

Term: Trinity 1405
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Arbitration; Real action / rents / damage to real estate

Pleading: Rector William G. of the church of Warlingham (Surrey) claims that vicar John S. of the same church of Warlingham owes him 40s as the unpaid portion of a 43s 4d debt. Rector WG claims that he demised his rectory to vicar JS for one year in exchange for 43s 4d, payable to WG at London in payments of 21s 8d in Michaelmas 1395 and 21s 8d in Easter 1396. JS was also to support all ordinary and extraordinary burdens (onera) of the church during this period. Rector WG says that he was not paid 40s of this said sum and claims damages of £10.

Pleading: JS says that the action against him ought not continue because since the making of the said agreement he and WG underwent arbitration at Warlingham, Surrey, before arbitrator John L. concerning the said 40s and all other debts, actions, and demands between them prior to that time. JS claims that arbitrator JL dictated that JS should pay to WG 40d for the resolution of all debts between them, which 40d JS says he paid to WG, and this he is prepared to verify.

Pleading: WG says that he never had any such arbitration before the arbitrator named and seeks inquiry upon the country, and JS seeks likewise. Pledges are named for the defendant.

Postea text: 1 postea - the sheriff (of Surrey) did not send the writ and so the case is forwarded as far as Hilary term 1406.