CP40/587: Michaelmas term 1407

Court of Common Pleas, CP 40/587, rot. 074d

Term: Michaelmas 1407
County: London
Writ type: Debt (bond)
Damages claimed: £6
Damages awarded: 1m
Costs: 3m
Case type: Bond

Pleading: Parson John Philippe claims that John Penkeston owes him £6 per a bond. Damages are claimed at £6. Bond shown in court. Noted that the bond does not say where it was made but John says it was made in London, parish of St. Margaret (Fish Street), Bridge ward.

Pleading: John Penkeston says that the bond is not of his making and puts himself upon the country, and John Philippe puts himself likewise. Order to the sheriff etc. The bond is put into the safe keeping of clerk William P.

Postea text: postea 1 - continuance between the parties as far as Trinity term 1408 unless the case is first heard before justice William H. at the assize of St Martin le Grand on 26/05/1408.

Postea text: postea 2 - the case is first heard before justice William H. and associate justice John D. at the assize of St Martin le Grand on 26/05/1408. A jury says on oath that the aforesaid bond is of the making of John Penkeston. John Philippe is to recover the aforesaid debt plus damages of 13s 4d for the detention of the said money and 2m for his costs. Upon this John Philippe asks the justice to increase the his award for costs, and the justices award him an additional 13s 4d. John Philippe is to recover a total of 4m. John Penkeston ought be arrested. Upon this justice WH returns the bond to clerk WP, and justice WH is quit of it.

Court of Common Pleas, CP 40/587, rot. 074d

Term: Michaelmas 1407
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: John A. claims that John B. owes him 40s on a loan. Damages are claimed at 40s.

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

Court of Common Pleas, CP 40/587, rot. 101d

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: William C. claims that John M. owes him £30 arising from the sale of diverse spices which JM bought but did not pay for. The spices were namely, pepper, saffron, ginger, galingale, figs, raisins, dates, almonds, rice, and other diverse spices; and also wax and cotton. Damages are claimed at £40.

Pleading: JM says that he does not owe WC the said £30 nor any other monies and puts himself upon the country, and WC puts himself likewise. Order to the sheriff etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/587, rot. 104

Term: Michaelmas 1407
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: Edmind C. claims that Peter G., the son of John G., owes him £20 per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: PG says that the force of the bond ought not hold because he was imprisoned at Hougham, Kent, by a certain William P. and other of his coven at the time of its making.

Pleading: EC says that PG was a free man at the time of the bond's making and seeks inquiry upon the country, and PG seeks likewise. Order to the sheriff of Kent etc. Pledges are named for the defendant.

Court of Common Pleas, CP 40/587, rot. 111d

Term: Michaelmas 1407
County: Essex
Writ type: Other
Damages claimed: £10
Case type: Negligence

Pleading: William R., bailiff of the liberty of the abbess of Barking, is in mercy for many defaults. John P. claims that the bailiff WR maliciously impeded and delayed his suit against a certain John H. by arresting him on 25/12/1406 and then wilfully letting him go. JP says that acquired a writ of the lord king against JH concerning a debt of 63s, returnable in Hilary term 1407. This writ, instructing the sheriff of Essex to arrest JH so that he should come before the court, was sent to bailiff WR of the liberty of the abbess of Barking for execution. It is claimed that bailiff WR arrested JH but then let go to the malicious impediment of JP's suit against JH. Damages are claimed at £10.

Pleading: Bailiff WR says that he did not arrest JH and puts himself upon the country, and JP puts himself likewise. Order to the sheriff of Essex etc.

Postea text: postea 1 - the sheriff of Essex did not return the writ and so the case is forwarded as far as Easter term 1408.

Postea text: postea 2 - the sheriff of Essex returns that he delivered the writ to John S., bailiff of the liberty of the abbess of Barking, who returned nothing. A new writ of venire facias is made and the sheriff of Essex is ordered not to omit the said liberty.

Court of Common Pleas, CP 40/587, rot. 114

Term: Michaelmas 1407
County: Essex
Writ type: Debt (bond)
Damages claimed: £100
Damages awarded: 3m
Costs: 7m
Case type: Bond

Pleading: Richard, prior of Little Leighs, amerced for many defaults. John W., executor of Leonard N., claims that prior Richard owes him £100 by a bond made between the late LN with his wife Alice N. on the one part, and former prior of Little Leighs John B. on the other part. Damages are claimed at £100. Bond shown in court as well as letters testamentary showing that JW is administrator and executor of the goods and chattels of the late LN.

Pleading: Prior Richard says that the bond is not of the making of former prior JB and puts himself upon the country, and JW puts himself likewise. Order to the sheriff of Essex etc. The bond is put in the safe keeping of clerk William P.

Postea text: postea 1 - the case is adjourned by writ of the lord king until Hilary term 1408.

Postea text: postea 2 - the jury is respited as far as Easter term 1408.

Postea text: postea 3 - a jury comes and says on oath that the bond was indeed made by former prior JB. JW is to recover the said £100 plus 40s damages for the detention of the debt and 5m for his costs. Upon this JW asks the justices to increase the amount he has been awarded for his costs, and it is decided that he shall receive an additional 26s 8d. Upon this JW seeks a writ of elegit, which is granted, returnable in Trinity term 1408.

Court of Common Pleas, CP 40/587, rot. 122

Term: Michaelmas 1407
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Real action / rents / damage to real estate

Pleading: Richard F. claims that Lawrence B. owes him 32m per an indenture, concerning the letting of property at farm. RF says that he and his wife Alice F. demised to LB at farm all tenements, houses, and buildings they had in the city of London, namely: all their tenements, houses and buildings in the parish of St Bartholomew the Less (a.k.a. 'by the Exchange); all those in the parish of St Christopher (le Stocks), Broad Street Ward ('Bredstret'); all those in the parish of St Michael Cornhill; and all those in the parish of St Michael le Querne, ward of Farringdon Within; with all utilities and appurtenances, which RF and AF then held of AF's dower as widow of the late William W., for 60 years commencing 25/12/1396. In exchange LB was to pay to RF and AF £16 annually, payable in equal portions, in the city, at the 'usual terms'. LB also agreed per the same indenture to maintain and sustain the tenements, housings, and buildings, pay any tallage, cover all related costs etc. RF says that LB occupied the said properties under these terms but did not pay 8m of those monies owed for the terms of the nativity of St John 1404 and Michaelmas 1404; nor did he pay the £16 owed for the terms of Christmas 1404, Easter 1405, the nativity of St John 1405 and Michaelmas 405; thus the 32m sought in this present suit. Damages are claimed at £20. The indenture is shown in the court.

Pleading: LB says that long before the aforesaid years 5 and 6 Henry IV for which the 32m is supposedly in arrears, namely on 07/03/1403 at Easton Neston (Northamptonshire) , he surrendered all claim he had in the aforesaid properties back to RF. LB says that RF accepted this surrender.

Pleading: RF says that after the time when LB claims to have surrendered all claim to the said properties, LB in fact remained in possession, the force of the aforesaid indenture continued to hold, and LB even paid the rents of the year 4 Henry IV.

Pleading: LB claims that he did not remain in possession after surrendering his claims to the said properties, nor did he pay RF any rents for the years 4, 5, or 6 Henry IV. LB reiterates his claim that RF accepted his surrender of the said property and puts himself upon the country, and RF puts himself likewise. Order to the sheriff Northamptonshire. Pledges are named for the defendant.

Court of Common Pleas, CP 40/587, rot. 134

Term: Michaelmas 1407
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: John S. (brother of Stephen I.), John P., and Alice B., executors of the will of Stephen I., claim that John M. unjustly detains 100m. JS, JP, and AB say that on 1604/1399 SI made an indenture with JM in London, in the parish of St Benet Paul's Warf, Castle Baynard ward, whereby SI demised 100m to JM for safe keeping. The plaintiffs say that JM has refused to return this 100m, and so they claim damages of £100. One part of this indenture is shown in the court with the seal of JM. The plaintiffs also present letters testamentary showing that they are administrators of the goods and chattels of SI. 'And upon this the executors say that the said writing (indenture) was made in the parish and ward aforesaid.'

Pleading: JM comes and defends. Day given between the parties in Hilary term 1408.

Court of Common Pleas, CP 40/587, rot. 136d

Term: Michaelmas 1407
County: Hampshire
Writ type: Debt (sale of goods)
Damages claimed: 60s
Case type: Sale of goods

Pleading: Prior Thomas N. of the priory of St Swithun, Winchester, is in mercy for many defaults. Thomas S. claims that prior TN owes him 60s 8d arising from the sale of 12½ ells of undyed westvale (westvale crudo), one painted Flemish table, 4 3/4 yards of ribbon of Cologne, 2 laces with gold array (auro arraiat'), 2 3/8 ounces of red and white silk fringe (duas onceas unum quarterum et dimidium de frenge cerico colorum rubei et albi), on pair of forcers called 'trussing coffers' for the prior's chapel, and 16 ells of linen cloth which prior TN bought but did not pay for. Damages are claimed at 60s.

Pleading: Prior TN says that he does not owe TS the said 60s 8d nor any other monies and offers his law. Pledges of law are named. It is ordered that prior TN's attorney, John S. ought have his master to this court to make his law etc.

Court of Common Pleas, CP 40/587, rot. 158

Term: Michaelmas 1407
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Vicar Richard M. claims that William B., master of the hospital of St Mary at Strood (Kent), owes him £20 per a bond, payable in St Paul's cathedral, London, in annual payments of 40s at Michaelmas and 40s at Easter commencing in Michaelmas 1404 (29/09/1404). Damages are claimed at £20. Bond shown to the court. Noted that the bond does not say where it was made, but vicar RM cays it was made in London, parish [left blank], Langbourn Ward.

Pleading: WB says that the action against him ought not continue because after the making of the said bond vicar RM issued him a release at Cambridge, Cambridgeshire, on 08/04/1406. Release shown in court.

Pleading: WB says that the release is not of his making and puts himself upon the country, and vicar WB puts himself likewise. Order to the sheriff of Cambridgeshire etc. The release is put into the safe keeping of clerk William P.

Court of Common Pleas, CP 40/587, rot. 158

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Henry O. claims that Peter E. owes him 40s arising from the sale of one bale of alum which PE bought but did not pay for. Damages are claimed at 40s.

Pleading: PE says that he does not owe WO the said 40s not any other monies and offers his law.

Postea text: PR comes to the bar and makes his law (same day as pleadings). PE is without day. HO and his pledges for the prosecution are in mercy.

Court of Common Pleas, CP 40/587, rot. 205

Term: Michaelmas 1407
County: London
Writ type: Debt (bond)
Damages claimed: £100
Damages awarded: 40s
Costs: 100s
Case type: Bond

Pleading: Elizabeth D., duchess of Norfolk, is in mercy for many defaults. John Carleton claims that duchess Elizabeth D., executor of the will of Robert G., owes him 100m per a bond made between the late RG on one part and John Carleton with the late Lewis C. on the other part. This money was to be paid to John Carleton and/or the late LC in payments of: 20m in Michaelmas 1403 (29/09/1403), 20m in Easter 1404 (30/03/1404), £20 in Michaelmas 1404 (29/09/1404), and £20 in Easter 1405 (19/04/1405). Damages are claimed at £100. Bond shown in court.

Pleading: Duchess ED says that the action against her ought not continue because she made full administration of RG's goods and chattels at the time of his death. Duchess ED says that she has none of the late RG's goods nor chattels now, nor did she on the day of the making of the original writ.

Pleading: John Carleton says that on the day of the making of the original writ duchess ED still had sufficient goods and chattels of the late RG to satisfy the debt, namely in 'the parish of All Hallows Ward of Langebourn', and seeks inquiry upon the country, and duchess ED seeks likewise. Order tot hw sheriff of London etc.

Postea text: postea 1 - continuance between the parties as far as Easter term in five weeks 1408, unless the case is first heard before justice John Colpeper at the assize of St Martin le Grand on 12/05/1408.

Postea text: postea 2 - case heard before justice John Colpeper and associate justice John G. at the assize of St Martin le Grand on 12/05/1408. A jury says on oath that on the day of the making of the original writ duchess ED was in possession of diverse goods and chattels of the late RG. John Carleton is to recover the said debt plus 40s damages for the detention and 100s for his costs surrounding the suit. John Carleton is to recover a total of £7. Noted below 'Damages £7 whence to the clerks 40s.'

Court of Common Pleas, CP 40/587, rot. 220

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John B. claims that John D. owes him 42s arising from the sale of goods which JD bought but did not pay for. The goods bought were namely: one course of black silk weighing 1¾ ounces for 3s 6d; one parcel of white string for 2d; one ounce of black silk of Paris for 18d; one ounce of red silk of Paris for 18d; one ounce of white silk of Paris for 18d.; two pipes of 'gold of Venice' for 3s 8d; one course of blue and white silk for one collar ('coler') for 2s; one course of black silk weighing 1½ ounces for 3s; one parcel of red white and black string for 2d; one lace of silk for a doublet for 3d; 3 ounces of a course of black silk for a sword and girdle for 6s; 5 yards of silk laces for 10d; one course weighing one ounce for 2s; one collar (coler) of light blue and white silk for 2s 4d.; 4 yards of silk laces for 16d; ¼ of an ounce of flack and white silk fringe for 5d; 3¼ ounces of a course of black silk for 6s 6d; 4 yards of silk and gold laces for 2s; and 2 laces for 8d. Damages are claimed at 40s.

Pleading: JD says that he does not owe JB the said 42s nor any other monies and puts himself upon the country, and JB puts himself likewise. Order to the sheriff etc.

Court of Common Pleas, CP 40/587, rot. 220

Term: Michaelmas 1407
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Taking of goods

Pleading: John M. claims that William T. used force and arms to seize and carry off his goods and chattels at London to the value of £20. The goods taken were namely: one 'quartron' of spindles, four wooden tables, one silver spoon, 16 quarrels (querles), one pair of rests, one pair of bellows, one 'twisting tool', one trestle table, one barrel, one copper/brass jar, one bed with all the apparatus, one basin, and two lavers. Damages are claimed at £40.

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

Court of Common Pleas, CP 40/587, rot. 220d

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Thomas M. claims that John L. owes him £31 12d arising from the sale of goods which JL bought but did not pay for. The goods bought were namely: 12 ells of linen cloth called 'munsterdevillers' for £4; 6 ells of munsterdevillers for 27s; one-quarter of scarlet, one-quarter of green cloth, and one-quarter of white cloth for 5s 6d; one ell of black cloth for 2s; 9 ells of brown russet for 54s; 2¼ ells of scarlet linen cloth for 30s; 2¼ ells of black lyre cloth for 15s; one-half ell of scarlet, one-half an ell of reen cloth, and one-half an ell of white for 12s 4d; one-half of one quarter of v… [damage] for 9d; 8½ ells of scarlet cloth for £5 13s 4d; 4 1/8 of black lyre cloth for 27s 6d; 4 1/8 ells of white cloth for 27s 6d; 2½ ells of 'cloth of Carze' for 3s 4d; 6 ells of scarlet for £4; 6 ells of brown russet for 36s; 16½ ells of blue cloth for £4 10s 9d; and 4 ells of blue cloth for 16s. Damages are claimed at £20.

Pleading: JL says that he does not owe TM the aforesaid £31 12d nor any other monies and offers his law. Pledges pf law are named.

Postea text: postea 1 - TM does not come and so he and his pledges of the prosecution are in mercy (for default). JL is without day.

Court of Common Pleas, CP 40/587, rot. 221d

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: £12
Case type: Sale of goods

Pleading: William S. claims that John D. owes him £12 arising from the sale of two bales of madder and two bales of alum which JD bought but did not pay for. Damages are claimed at £12.

Pleading: JD says that he does not owe WS the said £12 nor any other monies and offers his law.

Postea text: JD comes to the bar and makes his law (same day as the pleadings). JD is without day. WS is in mercy.

Court of Common Pleas, CP 40/587, rot. 269

Term: Michaelmas 1407
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Alan E. claims that John S. owes him 40s arising from the sale of 60 bowstaves which JS bought but did not pay for. Damages are claimed at 40s.

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

Court of Common Pleas, CP 40/587, rot. 308d

Term: Michaelmas 1407
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Contract (general); Real action / rents / damage to real estate; Trespass (chattels)

Pleading: John G. claims that John W. used force and arms to break his close at Sleepshyde, Hertfordshire, where he trampled, consumed, and depastured JG's hay the value of 40s with his animals. Moreover, JG claims that JW continued to do this on diverse days at diverse times for the whole of the following year. Damages are claimed at £20.

Pleading: JW says that he is innocent of the use of force and arms and puts himself upon the country, and JG puts himself likewise. Concerning the destruction of JG's hay, JW says that for the whole of the day of the supposed trespass he had 60 oxen on the said land as per an agreement with JG, whereby he paid to JG 1d for every four oxen pastured on the said land. In this way JG demised the said close to JW. JW says that under this agreement he had good licence to enter that aforesaid close and pasture his animals there.

Pleading: JG reiterates his claim of trespass as before and seeks judgement.

Pleading: JW reiterates his claim that, as per the agreement, JG had demised the use of the said close to him and puts himself upon the country, and JG puts himself likewise. Order to the sheriff etc. 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 1408.

Court of Common Pleas, CP 40/587, rot. 325

Term: Michaelmas 1407
County: Surrey
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 26s 8d
Costs: 13s 4d
Case type: Bond; Imprisonment

Pleading: James D. and Richard S. claim that Margaret S., lately the wife of Nicholas S., owes them 66s 8d. Per a bond. Damages are claimed at £10. Noted that the bond does not say where it was made, but JD and RS say it was made at Southwark, Surrey.

Pleading: MS says that the force of the bond ought not hold because at the time of its making she was imprisoned by JD, RS, and others of their coven at Eltham, Kent.

Pleading: JD and RS say that MS was free woman at the time of the bond's making and seek inquiry upon the country, and MS seeks likewise. Order to the sheriff of Kent etc.

Postea text: postea 1 - continuance between the parties as far as Trinity term 1408.

Postea text: postea 2 - a jury comes and says on oath that MS was a free woman at the time of the bond's making. JD and RS are to recover the debt plus 26s 8d damages for the detention and 13s 4d for their costs surrounding the case. MS is in mercy.

Court of Common Pleas, CP 40/587, rot. 325

Term: Michaelmas 1407
County: Sussex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard W. claims that Richard B. owes him £15 per a bond. Damages are claimed at £20. Noted that the bond does not say where it was made, but RW says it was made at Chichester, Sussex.

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

Postea text: postea 1 - RB does not come and so a jury is to be taken against him for default. However, the sheriff did not return the writ and so the case is forwarded to Easter term 1408.

Postea text: postea 2 - the sheriff did not send the writ and so the case is forwarded as far as Michaelmas term 1408.

Postea text: postea 3 - the sheriff did not send the writ and so the case is forwarded as far as Hilary term 1409.

Court of Common Pleas, CP 40/587, rot. 337d

Term: Michaelmas 1407
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: John L. claims that John Croke detains a certain bond, showing that JL is held to John Credy in £40. JL says that this bond was given to John Croke for safe keeping, but that John Croke now refuses to return it. Damages are claimed at £40.

Pleading: John Croke presents the bond to the court and says that he is ready to deliver it with the court's decision. However, John Croke says that the bond was given to him by both John Credy and JL only to be returned under certain conditions. John Croke says he is ignorant as to whether or not these conditions have been met. It is ordered to the sheriff of London to make John Credy come to this court in Hilary term 1408, and day is given between JL and John Croke in that same term.

Postea text: postea 1 - the sheriff did not return the writ and so the case is forwarded as far as Trinity term 1408.

Postea text: postea 2 - the sheriff does not send the writ and so the case is forwarded as far as Michaelmas term 1408.

Postea text: postea 3 - the sheriff does not send the writ and so the case is forwarded as far as Hilary term 1409.