CP40/592: Hilary term 1409

Court of Common Pleas, CP 40/592, rot. 024

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Surety of peace

Pleading: John W. claims that John B. owes him £20 per a bond made on 06/07/1408 and payable on 30/09/1408. Damages are claimed at £40. Bond shown in court.

Pleading: John B. says that the action against him ought not continue because on the day after the making of the aforesaid bond, he and JW made an indenture, one part of which John B. presents to the court with seal of JW. This indenture says that the bond shall be null and void if: prior to 29/09/1408 John B. should lead 12 good and honest men residing within the hundred of Ruxley, Kent who without treachery or deceit have goods and chattels amounting to precisely 1200m, none of which having any connection to John B. or John B.'s wife Joan B., to the parish church of St Mary Cray to swear on the gospels before Thomas S., John C., Hugh B., and Thomas C. that a certain Roger Cobbe kinsman of both Alice, wife of John Weston, and of a certain Richard Cobbe, did not die seised of one messuage in St Mary Cray, which JW and AW, and Richard C. seek against JW by writ of cousinage. And also (it was agreed that should John B. bring the above 12 men etc.) the aforesaid suit of JW, AW, and Richard Cobbe (versus John B.) would cease. John B. says that on 27/09/1408 he brought 12 good and honest men, with goods and chattels worth 1200m, to the parish church of St Mary Cray to swear as required, namely: William atte Well, Thomas Byfelde, John Schelle, William Dannvers, Thomas Flemyng, William Carleton, William Haselhirche, John Wallerr, John atte Noke, William Monde, Simon Walsche, John Maister,

Pleading: JW says that the 12 men named by John B. did not make oath on the gospels and seeks inquiry upon the country, and John B. seeks likewise. Order to the sheriff of Kent to make a jury come in Easter term 1409. John B. puts in his place, concerning this case, Nicholas P.

Postea text: postea 1 - continuance between the parties as far as Hilary term 1410.

Postea text: postea 2 - a jury comes and says on oath that four of the men named swore that Roger Cobbe did not die seised of the said messuage in St Mary Cray, and that the remaining 8 men swore clear conscience (juraverunt...sodum conscienciam) that Richard Cobbe did not die seised of the aforesaid messuage. Therefore, the decision is that JW is to have nothing for his writ, and is in mercy for false claim. John B. is without day.

Postea text: postea 3 - 27/06/1410 a writ of error is recorded, as issued at Westminster on 14/06/1410 by justice William Thirnyng.

Court of Common Pleas, CP 40/592, rot. 026

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 1m
Costs: 4m
Case type: Bond

Pleading: William M. and Thomas P. claims that John P. owes them £22 10s per a bond. Bond shown in court. Noted that the bond does not say where it was made but WM and TP say it was made at London etc. Damages are claimed at £20.

Pleading: JP says that the bond is not of his making and puts himself upon the country, and WM with TP put themselves likewise. Order to the sheriff of London to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert Manfeld. Pledges named for the defendant.

Postea text: postea 1 - JP does not come and so is in default. The case is respited as far as the octave of Trinity term 1409 so that a jury may be placed.

Postea text: postea 2 - 01/07/1409 the bond is delivered to (justice) John C. for consideration by a jury, and clerk RM is quit of it.

Postea text: postea 3 - the case is respited until St John the Baptist in 15 days 1409 (later in trinity term) unless first heard before justice JC on 05/07/1409 at the assize of St Martin le Grand.

Postea text: postea 4 - the case is heard on 05/07/1409 before justice JC and associate justice John G. at the assize of St Martin le Grand. A jury comes and says on oath that the bond is indeed of JP's making. WM and TP are to recover the debt plus 13s 4d damages and 13s 4d for their costs. Upon this WM and TP seek that the justices increase their costs. The justices decide that WM and TP are to recover the 2m damages and costs assigned by the jury plus an additional 3m. Therefore, WM and TP are to recover the additional debt plus a total of 5m for damages and costs. JP is to be arrested.

Court of Common Pleas, CP 40/592, rot. 033

Term: Hilary 1409
County: Essex
Writ type: Other
Case type: Real action / rents / damage to real estate

Pleading: William G., William W., and John H. were arrested to respond to Thomas P. in a plea whereby, with a plea concerning the advowsons of the churches of the realm of the king of England pertaining to the crown and dignity of the lord king and no other WG, WW, and JW prosecuted a plea without jurisdiction (in curia experianitatis) concerning the advowson of the church of 'Welwys' (case marginalization is Essex, but location may in fact be Welwyn, Hertfordshire) to the injury of the crown and contrary to the prohibition. Both parties come by attorney, and day is given between them in Easter term 1409.

Postea text: postea 1 - WG, WW, and JH do not come and so the sheriff (of Essex) is ordered to distrain them by all their lands to make them come in Trinity term 1409.

Court of Common Pleas, CP 40/592, rot. 035

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas D. is in mercy for many defaults. John T. claims that Thomas D. owes him £44 4s per a bond. Damages are claimed at £40. Bond shown to the court.

Pleading: TD says that the bond is not of his making and puts himself upon the country, and JT puts himself likewise. Order to the sheriff to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M.

Postea text: postea 1 - 20/05/1409 the bond is delivered to (justice) Richard H. for consideration by a jury, and clerk RM is quit of it.

Postea text: postea 3 - 18/06/1409 the bond is returned to clerk RM and justice RH is quit of it.

Postea text: postea 4 - continuance between the parties, so that a jury may be placed, as far as Trinity term in 15 days 1409, unless the case is first heard at the assize of St Martin le Grand on 14/06/1409 before justice RH.

Postea text: postea 5 - case is heard at the assize of St Martin le Grand on 14/06/1409 before justice RH and associate justice William W. A jury comes and says on oath that the bond is not of TD's making and so JT is to have nothing per his writ. JT is in mercy for false claim and TD is without day.

Court of Common Pleas, CP 40/592, rot. 052

Term: Hilary 1409
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: William W. claims that Margaret J. owes him 40s per a loan. Damages are claimed at 40s.

Pleading: MJ says that she does not owe WW the aforesaid 40s nor any other monies and offers her law, to be made in Easter term 1409. Pledges of law are named as well as pledges for future appearance.

Postea text: postea 1 - MJ comes and makes her law. Therefore, MJ is without day and WW is in mercy for false claim.

Court of Common Pleas, CP 40/592, rot. 052

Term: Hilary 1409
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: William W. claims that Richard C. owes him 40s per a loan. Damages are claimed at 40s.

Pleading: RC says that he does not owe WW he aforesaid 40s nor any other monies and offers his law, to be made later in Hilary term 1409. Pledges of law are named, as well as pledges for future appearance.

Court of Common Pleas, CP 40/592, rot. 052d

Term: Hilary 1409
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: John Stotusbury claims that John Spayne detains chattels worth £20. John Stotusbury says that these chattels were given to John Spayne for safe keeping, but that John Spayne will not return them. The chattels in question are namely: 6 pair of sheets; 4 blankets; 4 covers (cooportoria); 2 basins (pelves) with 2 lavers; 3 copper/brass jars; one table with two trestles; 2 copper/brass plates; one brandiron; 2 fryingpans; 6 silver spoons; and one rosary with 6 golden rings. Damages are claimed at £20.

Pleading: John Spayne says that he does not detain the aforesaid items nor anything else from John Stotusbury and offers his law, to be made in Easter term 1409. Pledges of law are named as well as pledges for future appearance.

Court of Common Pleas, CP 40/592, rot. 096

Term: Hilary 1409
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Housebreaking; Sale of goods; Taking of goods

Pleading: William Merssh, abbot of Battle, claims that John Lovestede, John W., Thomas F., John A., Richard C., Henry S., Nicholas C., and Thomas B., used force and arms to break his close at Limpsfield, where they cut and removed trees and underwood to the value of £40. The timber taken was namely, 1000 oak trees, 500 ash trees, and 100 carts of underwood. Damages are claimed at £100.

Pleading: Concerning the use of force and arms John Lovestede, JW, TF, JA, RC, HS, NC, and TB say that they are innocent and put themselves upon the country, and abbot WM puts himself likewise. Concerning the remainder of the supposed trespass JL says that a certain John, lately abbot of Battle, sold to one John T. for a certain sum of money, a certain quantity of trees and underwood growing at Limpsfield, in the close where the supposed trespass took place. The same JT then sold John Lovestede, for a certain sum of money, the right to these same trees under the pretext that John Lovestede himself could enter the abbot's close and take the said trees and underwood. John Lovestede says that he acted with good licence, and that no other harm was intended. The other defendants (JW, TF, JA, RC, HS, NC, and TB) all say that they only acted in to help John Lovestede.

Pleading: Abbot WM says that his predecessor sold to JT only the trees and underwood growing in those parts of Limpsfield called 'Intoneslond' (possibly modern Itchingwood?) , 'Le Seren' (probably modern 'The Cearne'), and Hornesland. Abbot WM says that John Lovestede and the other defendants broke his close, as well as cut and carried off trees and underwood, from beyond these specified areas.

Pleading: John Lovestede, JW, TF, JA, RC, HS, NC, and TB say that they only entered and removed trees and underwood from the specified areas.

Pleading: Abbot WM reiterates his claim that the defendants entered and removed timber from places other than those allowed and seeks inquiry upon the country, and the defendants seek likewise. Order to the sheriff of Surrey to make a jury come in Easter term 1409.

Postea text: postea 1 - the sheriff of Surrey returns that he delivered the writ to the bailiff of the liberty of Battle Abbey, but had nothing in return etc. Therefore, the sheriff is ordered to not omit the liberty, and to make a jury come in Trinity term 1409.

Postea text: postea 2 - the sheriff did not send the writ and so the case is forwarded until later in Trinity term 1409. The sheriff is not to omit the liberty etc.

Court of Common Pleas, CP 40/592, rot. 105

Term: Hilary 1409
County: Hertfordshire
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: Reginald B. seeks from John L. one messuage in St Albans, Hertfordshire. RB says that JL should have been to this court in Michaelmas term 1408 to answer RB's writ concerning the same messuage, but JL did not come and so was in default. As a result the sheriff (of Hertfordshire) was ordered to take the messuage into the hands of the lord king. JL should then have come to this court in the octave of Hilary term 1409 (the present term), as much to answer RB's writ as concerning the aforesaid default. In this manner RB comes by his attorney [un-named] and JL comes in his own person. RB thus seeks seisin of the aforesaid messuage on account of JL's default.

Pleading: JL says concerning his default that he was never notified, in accordance with the law of the land, that he should come to the court in Michaelmas term 1409. Therefore, it is decided that JL shall make his law in Trinity term 1409. Pledges of law are named.

Postea text: postea 1 - JL makes essoin and so the case is forwarded as far as Michaelmas term 1409.

Postea text: postea 2 - JL comes and makes his law. Therefore RB is to have nothing for his writ, and is in mercy for false claim. JL is without day.

Case notes: must be related to a case pleaded in a preceding roll.

Court of Common Pleas, CP 40/592, rot. 134

Term: Hilary 1409
County: Cambridgeshire
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Richard B. claims that Thomas H. owes him £7 per a bond. Damages are claimed at £10. Bond shown in court. Noted that the bond says nothing of where it was made, but RB says it was made at Royston, Cambridgeshire.

Pleading: TH says that the bond is not of his making and puts himself upon the country, and RB puts himself likewise. The bond is put in the safe keeping of clerk Robert M. Order to the sheriff of Cambridgeshire to make a jury come in Easter term 1409. Pledges are named for the defendant.

Court of Common Pleas, CP 40/592, rot. 134d

Term: Hilary 1409
County: London
Writ type: Debt (other)
Damages claimed: £4
Case type: Debt; Real action / rents / damage to real estate

Pleading: John A. claims that Nicholas A. owes him £4 arising from the sale of one messuage and 10 acres of land in Weybridge, Surrey. Damages are claimed at £4.

Pleading: MA says that he does not owe JA the aforesaid £4 nor any other monies and is to make his law later in Hilary term 1409. Pledges of law are named as well as pledges for future appearance.

Postea text: postea 1 - JA makes essoin and so the case is forwarded as far as Easter term 1409.

Postea text: postea 2 - NA comes, but JA is not prosecuting his writ. Therefore, JA and his pledges of the prosecution are in mercy. NA is without day.

Court of Common Pleas, CP 40/592, rot. 134d

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John B. (son of William B.), William H., and William W., executors of the will of William B., claim that Henry W. owes them £29 18s 2d per a bond made between HW and the late WB. Damages are claimed at £20. Bond shown in court. Noted that the bond says nothing of where it was made, but the plaintiffs say it was made at London etc.

Pleading: HW says that the case against him ought not continue because after the making of the aforesaid bond executor JB gave him a release, on 18/09/1407 at York (Yorkshire).

Pleading: The executors say that the release is not of JB's making and seek inquiry upon the country, and HW seeks likewise. Order to the sheriff of the community of York to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M.

Postea text: 4 posteas - all say that the sheriff of York did not send the writ, forwarding the case as far as Easter term 1410.

Court of Common Pleas, CP 40/592, rot. 154d

Term: Hilary 1409
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: Adam D. claims that Robert M. owes him £4 3s 10d on a loan. Damages are claimed at £10.

Pleading: RM says that he does not owe AD the aforesaid £4 3s 10d nor any other monies and offers his law, to be made in Easter term 1409. Pledges of law are named as well as pledges for future appearance.

Postea text: postea 1 - RM makes essoin and so the case is forwarded as far as Trinity term 1409.

Postea text: postea 2 - AD does not come and so he and his pledges are in mercy. RM is without day.

Court of Common Pleas, CP 40/592, rot. 182

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Richard S. claims that Roger C., executor of the will of Thomas B., together with co-executors Robert G., Robert H. William L., and WL's wife Margaret L. (ML being the former wife of the late TB), owe him £79 13s 4d per a bond made between RS himself and the late TB. Damages are claimed at £40. Bond shown in court. Noted that the bond does not say where it was made, but RS says it was made at London etc.

Pleading: RC says that the action against him ought not continue because on the day of the making of the original writ (against him) he did not have any of the goods or chattels, which were of the late TB, to be administrated.

Pleading: RS says that at the time of the writ's making on 12/06/1408 RC did have sufficient goods and chattels, which were of the late TB, to satisfy the debt. These goods and chattels were at London in the parish of All Hallows the Great, Dowgate ward. Concerning this, RS seeks inquiry upon the country, and RC seeks likewise. Order to the sheriff to make a jury come in Easter term 1409.

Postea text: postea 1 - continuance between the parties until Michaelmas term 1409, unless the case is first heard at the assize of St Martin le Grand before justice William H. on 13/07/1409.

Postea text: postea 2 - the case is heard at the assize of St Martin le Grand before justice William H. and associate justice John D. on 13/07/1409. A jury says on oath that on the day when RS made his writ (namely 12/06/1408), RC did have sufficient un-administered goods of the late TB to satisfy the aforesaid debt. Therefore, RS is to recover the debt plus damages of 100s. It is decided that this RS is to recover versus RC from the goods and chattels which were of the late TB... raising...[damage]...of the executors and WL, and the aforesaid 100s damages from RC

Court of Common Pleas, CP 40/592, rot. 182

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas L. claims that Lawrence C. owes him £10 per a bond. Damages are claimed at £10. Bond shown in court. Noted that the bond says nothing of where it was made, but TL says It was made at London in the parish of St Bride (ward of Farringdon without)).

Pleading: LC says that the bond is not of his making and puts himself upon the country, and TL puts himself likewise. Order to the sheriff of London to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M.

Court of Common Pleas, CP 40/592, rot. 182d

Term: Hilary 1409
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Thomas H. and Thomas B., executors of the will of William K., claim that John W. owes them 7m 8s 8d per a loan given by the late WK to JW. Damages are claimed at 100s.

Pleading: JW comes in his own person and defends. Upon this day is given between he parties later in Hilary term 1409. Pledges are named for the defendant.

Court of Common Pleas, CP 40/592, rot. 182d

Term: Hilary 1409
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Contract (general); Loan; Sale of goods

Pleading: Thomas S. claims that William S. (alias William C.) owes him £10 arising from: a loan of £7 7s 4d; the sale of 20 ells of blue cloth worth 46s 8d; and 46s for time when William boarded (fuit comensalis) with TS at London, from 29/09/1404 to 29/09/1405. Damages are claimed at 100s. [note, these debts actually add up to £12, and NOT the £10 sought by the plaintiff. Also though the term as boarder which runs 'from Michaelmas R.R. Henry IV quinto for the year next following' may in fact mean 1403 - 1404, thus covering the date of the supposed loan and sale-of-goods.]

Pleading: WS says that he does not owe TS the aforesaid £10 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 40/592, rot. 182d

Term: Hilary 1409
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 40s
Case type: Bond

Pleading: John T., William S., John E., William H., Edmund B., chaplain Gervase S., and chaplain John M, executors of the will of Thomas O., claim that Thomas K. owes them 40s per a bond made between the late TO and TK. Damages are 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 at London etc.

Pleading: TK says that the bond is not of his making and puts himself upon the country, and the plaintiffs put themselves likewise. Order to the sheriff of London to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M.

Postea text: postea 1 - during the reign of Henry V, namely on 14/06/1414, both the executors/plaintiffs and TK come before the court and say that the above plea was discontinued long before the death of Henry IV. Hence, the executors seek the return of the bond. And, TK has consented to this. Upon this the bond is returned to the executors and clerk John H. is quit of it.

Court of Common Pleas, CP 40/592, rot. 215

Term: Hilary 1409
County: Kent
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William E. claims that William T. owes him £10 per a bond. Bond shown in court. Noted that the bond says nothing of where it was made, but WE says it was made at London etc. Damages claimed at £20.

Pleading: WT says that the bond is not of his making and places himself upon the country, and WE places himself likewise. Order to the sheriff of London to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M. Upon this WT puts in his place, concerning this case, Thomas A.

Postea text: 4 posteas - all say that the sheriff did not send the writ, forwarding the case as far as Easter term 1410.

Postea text: postea 5 - WT does not come and so is in default. The case is forwarded to Trinity term 1410 so that a jury may be placed. The sheriff is to place 'decem tales' (additional suitable jurors).

Postea text: postea 6 - 09/06/1410 the bond is delivered to justice Robert H. for consideration by a jury, and clerk RM is quit of it. [in second enrolment date is given as 06/06/1410]

Postea text: postea 7 - 01/07/1410 the bond is returned to clerk RM and justice RH is quit of it. [in second enrolment date is given as 30/06/1410]

Case notes: Case related to CP40/592 rot.268

Court of Common Pleas, CP 40/592, rot. 255

Term: Hilary 1409
County: London
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: Drew B. claims that Robert L owes him £7 16s arising from the sale of two silver gilded cups with two silver and guilt lids. Damages are claimed at £40.

Pleading: RL says that he does not owe DB the aforesaid £7 16s nor any other monies and puts himself upon the country, and DB puts himself likewise. Order to the sheriff to make a jury come (damaged, but presumably Easter term 1409).

Court of Common Pleas, CP 40/592, rot. 267d

Term: Hilary 1409
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 12m
Case type: Real action / rents / damage to real estate; Taking of goods

Pleading: John S. claims that John H., Nicholas F., John G., John M., John P., and William P. used force and arms to reap 3 acres of wheat, 10 acres of barley, 5 acres of oats and 4 acres of peas, to mow one acre of hay, and to carry off grain, hay, and other chattels to the value of £20, from JS's lands at Kingston upon Thames, Surrey. Damages are claimed at £40.

Pleading: Concerning the use of force and arms JH, NF, JG, JM, JP, and WP say that they are innocent and put themselves upon the country, and JS puts himself likewise. Concerning the remainder of the supposed trespass, JP says that on the day stated the land in question were his own free tenement and hence he had good licence to reap, mow, and remove the aforesaid grain and hay. JH, NF, JM, and WP say that they were simply helping JP, as they had good licence to do.

Pleading: JS says that the land where the supposed trespass took place was the free tenement of a certain John B. alone, and that the same JB demised that land to JS at farm for a term of three years commencing Michaelmas 1406 (29/09/1406). Hence, on the day of the supposed trespass the land in question was the free tenement of JB alone, and not of JP. JS seeks inquiry upon the country, and the defendants seek likewise. Also, JS says that he can not verify his claim without the help of JB and seeks his help, which he is to have etc. JB is to come before this court in Easter term 1409, and day is given between the parties in the same term. Upon this the defendants put in their place John E.

Postea text: postea 1 - the sheriff of Surrey returns that he delivered the writ to John L., bailiff of the liberty of Kingston upon Thames., but had nothing in return. Order to the sheriff to again summon JB, and not to omit the liberty. The case is forwarded to Trinity term 1409.

Postea text: postea 2 - [badly damaged, seems probable that JB came and warranted JS]...the case is forwarded to later in Trinity term 1409.

Postea text: postea 3 - [badly damaged] the case is forwarded as far as Michaelmas term 1409 [unless first at assize???]

Postea text: postea 4 - A jury comes and says that concerning ...[damage]... JH, NF, JG, JM, JP, and WP are guilty as charged ...[damage]...and not only on the free tenement of JP. Therefore JS is to recover 12m damages. However, concerning the remained of the supposed trespass JS is in mercy for false claim.

Postea text: postea 5 - JS comes and acknowledges satisfaction concerning the aforesaid damages [date lost].

Court of Common Pleas, CP 40/592, rot. 268

Term: Hilary 1409
County: Kent
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 40s
Costs: 53s 4d
Case type: Bond

Pleading: William E. claims that Roger T. owes him £10 per a bond. Bond shown in court. Noted that the bond says nothing of where it was made, but WE says it was made at London etc. Damages claimed at £20.

Pleading: RT says that the bond is not of his making and places himself upon the country, and WE places himself likewise. Order to the sheriff of London to make a jury come in Easter term 1409. The bond is put into the safe keeping of clerk Robert M. Upon this WT puts in his place, concerning this case, Thomas A.

Postea text: 4 posteas - all say that the sheriff did not send the writ, forwarding the case as far as Easter term 1410.

Postea text: postea 5 - RT does not come and so is in default. The case is forwarded to Trinity term 1410 so that a jury may be placed. The sheriff is to place 'decem tales' (additional suitable jurors).

Postea text: postea 6 - 06/06/1410 the bond is delivered to justice Robert H. for consideration by a jury, and clerk RM is quit of it.

Postea text: postea 7 - 30/06/1410 the bond is returned to clerk RM and justice RH is quit of it.

Postea text: postea 8 - case is forwarded as far as the morrow of St John the Baptist (later in Trinity term) unless first heard at the assize of St Martin le Grand on 12/06/1410 before justice RH.

Postea text: postea 9 - the case is heard at the assize of St Martin le Grand on 12/06/1410 before justice RH and associate justice William V. A jury comes and says on oath that the bond 'was made by Roger Tonge of Headcorn in Kent within-named just as WE claimed', and so WE is to recover the aforesaid debt plus 40s damages and 40s costs. Upon this We asks the justices to increase his award for costs. The justices decide that WE is to recover an additional 13s 4d. Therefore WE is to recover the original debt plus a total of 7m. RT is to be arrested.

Case notes: Case related to CP40/592 rot.215

Court of Common Pleas, CP 40/592, rot. 287d

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £30
Case type: Bond

Pleading: Paul R. claims that Agnes B., Walter B., John L., and JL's wife Joan L., administrators of the goods and chattels of William G. (died intestate), owe him £50 per a bond made between PR himself and the late WG. Further, the terms of the bond were that the late WG obliged himself, his heirs, his executors, and all his moveable and immovable goods and chattels present and future, not only to pay PR the aforesaid £50 but also to pay all PR's costs and damages in the event of defaulting on the debt. Damages are claimed at £30. Bond shown in court. Noted that the bond does not say where it was made, but PR says it was made at London etc.

Pleading: AB, WB, JL, and EL say that come and defend. JL says that the ordinary did not make him an administrator of the goods and chattels of WG and seeks judgement. And JL and EL, for AB and WB, say that full administration of WG's goods and chattels was made long before the making of the original writ.

Pleading: PR says that JL was made an administrator of WG's goods and chattels by the local ordinary. PR also says that on the day of the making of the original writ, 10/06/1408, the administrators had diverse goods and chattels of WG sufficient to satisfy the aforesaid debt if they had wished, namely: at London in the parish of St Pancras, Cheap Ward; and at Thame and Henly-on-Thames, Oxfordshire. PR seeks inquiry upon the country, and the defendants seek likewise. Order to the sheriff of London to make a jury come in Easter term 1409. Order to the sheriff of Oxfordshire to make a jury come in Easter term 1409.

Postea text: postea 1 - Neither the sheriff of London nor the sheriff of Oxfordshire returned their respective writ. The sheriff of Oxfordshire is ordered to make a jury come in the octave of trinity term 1409. The sheriff of London is ordered to make a jury come to a day in St John the Baptist in 12 days 1409 (Trinity term).

Postea text: postea 2 - continuance between the parties as far as St john the Baptist in 15 days unless first

Postea text: postea 3 - the case is heard at the assize of St Martin le Grand before justice JC and associate justice John G. on 05/07/1409. A jury comes and says on oath that JL was not made an administrator of the late WG. The jury also says that 9the other defendants did have sufficient goods of the late WG to pay the aforesaid debt. [Noted on the bottom of the membrane that there is more on an attached schedule, but that schedule is missing. No further information.]

Court of Common Pleas, CP 40/592, rot. 324

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond; Imprisonment

Pleading: Richard D. claims that John C. owes him £100 per a bond. Damages are claimed at £100. Bond shown in court. Noted that the bond says nothing of where it was made, but RD says it was made at London etc.

Pleading: JC says that the force of the bond ought not hold because at the time of its making he was being threatened by RD at Wightfield, Gloucestershire.

Pleading: RD says that JC made the bond of his own free will and seeks inquiry upon the country, and JC seeks likewise. Order to the sheriff of Gloucestershire to make a jury come in Easter term 1409.

Postea text: postea 1 - the sheriff of Gloucestershire did not send the writ and so the case is forwarded as far as Trinity term 1409.

Court of Common Pleas, CP 40/592, rot. 332

Term: Hilary 1409
County: London
Writ type: Debt (account)
Damages claimed: 100s.
Case type: Reckoning of account

Pleading: Henry O. claims that Richard S. owes him 100s as determined by a reckoning of the account between them before auditors Edmund H. and John B. Damages are claimed at 100s.

Pleading: RS comes and defends. Upon this day is given between the parties in Easter term 1409. Pledges are named for the defendant (only one surety's name remains, others lost to damage).

Court of Common Pleas, CP 40/592, rot. 332

Term: Hilary 1409
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: Richard C. claims that Richard G., together with Geoffrey B., used force and arms to assault him at London. Damages are claimed at £40.

Pleading: RG says that he is innocent and puts himself upon the country, and RC puts himself likewise. Order to the sheriff to make a jury come in Easter term 1409. Pledges are named for the defendant. [Noted below: Day is given between RC (plaintiff) and GB (defendant) with RG (accessory) in the above said term (Easter 1409). Pledges (as above) are named for GB.)

Court of Common Pleas, CP 40/592, rot. 332

Term: Hilary 1409
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: William R. claims that John W. detains two bonds that WR gave to JW for safe keeping, but which JW now refuses to return. One of these bonds shows that a certain John M. is held to John N. in £40 under certain conditions. The other show that a certain John S. is held to WR in £40 under certain conditions. Damages are claimed at £20.

Pleading: JW presents these bonds to the court and says that he is ready to deliver them with the court's decision. JW says that these bonds were given to him with the mutual assent of WR, JM, and JS to de returned to WR or JM with JS only under certain conditions. JW says that he is ignorant as to whether these conditions have been met. Therefore, it is ordered to the sheriff of Hertfordshire to make JM and JS come to this court in Easter term 1409. Day is also given between the aforesaid parties in the same term.

Postea text: postea 1 - the sheriff of Hertfordshire did not send the writ and so the case is forwarded until later in Easter term 1409.

Court of Common Pleas, CP 40/592, rot. 388

Term: Hilary 1409
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: William B. claims that Thomas M. owes him 60s per a loan. Damages are claimed at 40s.

Pleading: TM comes and defends. Upon this day is given between the parties in Easter term 1409. Pledges are named for the defendant.

Court of Common Pleas, CP 40/592, rot. 408

Term: Hilary 1409
County: Surrey
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John F. claims that Alan F., executor of the will of Elizabeth C (lately the wife of Sir. William C.), together with co-executor John M., owes him £28 16s 8d per a bond. Damages are claimed at £40.

Pleading: AF says that the action against him ought not continue because he was never administrator of the late EC's goods and chattels

Pleading: JF says that AF administered diverse goods and chattels belonging to the late EC, namely at Stoke D'abernon and Fetcham, Surrey, and seeks inquiry upon the country, and AF seeks likewise. Order to the sheriff of Surrey to make a jury come in Easter term 1409. Pledges are named for the defendant.

Court of Common Pleas, CP 40/592, rot. 414

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: 40[]
Case type: Bond; Real action / rents / damage to real estate

Pleading: John N. master of the hospital of St Mary Rouncivall claims that John S. owes him 40m per a bond. Damages are claimed at 40[…] [denomination lost]. Bond shown in court.

Pleading: JS comes and asks that the bond and its endorsements be read out in court. The bond says that if JS, JC and JW, jointly and singularly, hold to the conventions of …(damage, see below)…that the bond shall be null and void. But, should they default in part or whole that the bond shall then be due. JS presents to the court another part of the aforesaid indenture and says that master JN should not have his action because the conditions of the aforesaid indenture were met.

Pleading: Master JN says that his action should continue because the conditions of the aforesaid indenture stated that: master JN would demise the hospital and chapel of St Mary Rouncivall with all their rights, appurtenances, etc. to JS, JC, and JW from Michaelmas 1406 for the seven years following in exchange for 20m annually, paid to master JN is the same chapel, at the terms of Christmas, Easter, the nativity of St John the Baptist, and Michaelmas in equal portions. However, JN did not receive the 5m for the term of Michaelmas 1408 (29/09/1408), and hence the above bond became due.

Pleading: JS says that he did pay master JN the 5m payment of Michaelmas 1408 (29/09/1408) and puts himself upon the country, and master JN puts himself likewise. Order to the sheriff of Middlesex to make a jury come in Easter term 1409.

Case notes: case badly damaged

Court of Common Pleas, CP 40/592, rot. 414

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 20s
Costs: 40s
Case type: Bond; Imprisonment

Pleading: William M. claims that TK owes him £12 per a bond, payable in payments of 60s in Christmas 1407 (25/12/1407), Easter 1408 (15/04/1408), St John the Baptist 1408 (24/06/1408), and Michaelmas 1408 (29/09/1408). Damages are claimed at £10. Bond shown in court. Noted that the bond does not say where it was made, but WM says it was made at Thrapston, Northamptonshire.

Pleading: TK says that the force of the bond ought not hold because he was imprisoned by WM and others of his coven, at London, at the time of it's making.

Pleading: WM says that WK was a free man at the time of the bond's making and seeks inquiry upon the country, and WK seeks likewise. Order to the sheriff of London to make a jury come in Easter term 1409. Pledges are named for the defendant.

Postea text: postea 1 - continuance between the parties as far as Michaelmas term 1409 so that a jury can be placed, unless the case is first heard at the assize of St. (Martin le Grand) on 09/07/1409 before justice John C.

Postea text: postea 2 - the case is heard at the assize of St. (Martin le Grand) on 09/07/1409 before justice John C. and associate justice ...(damaged)... A jury comes and says on oath that TK made the aforesaid bond of his own free will, and so WM is to recover the £12 debt plus 20s damages and 20s costs. Upon this WM asks that the amount he has been awarded for costs be increased, and the justices increase WM's costs to 40s. Hence, WM is to recover the original debt plus a total of £3 for damages and costs.

Postea text: postea 3 - 23/05/1411 TK presents to the court a writ of error in the above judgement. This writ was issued by justice William T. on ...(day damaged).. Of May, 14411.

Court of Common Pleas, CP 40/592, rot. 414d

Term: Hilary 1409
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: Drew S. and Richard W. claim that John S. owes them 100s. Upon this day is given between the parties in Easter term 1409. Pledges are named for the defendant.

Court of Common Pleas, CP 40/592, rot. 414d

Term: Hilary 1409
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Hugh K. claims that Roger W. owes him £100 per a bond. Damages are claimed at £100. Bond shown in court. Noted that the bond says nothing of where it was made, but HK says it was made at London (parish and ward left blank).

Pleading: RW defends per his attorney Thomas B. Upon this day is given between the parties in Easter term 1409.