Court of Common Pleas: the National Archives, Cp40 1399-1500. Originally published by Centre for Metropolitan History, London, 2010.
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Jonathan Mackman, Matthew Stevens, 'CP40/642: Trinity term 1421', in Court of Common Pleas: the National Archives, Cp40 1399-1500( London, 2010), British History Online https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/trinity-term-1421 [accessed 22 November 2024].
Jonathan Mackman, Matthew Stevens, 'CP40/642: Trinity term 1421', in Court of Common Pleas: the National Archives, Cp40 1399-1500( London, 2010), British History Online, accessed November 22, 2024, https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/trinity-term-1421.
Jonathan Mackman, Matthew Stevens. "CP40/642: Trinity term 1421". Court of Common Pleas: the National Archives, Cp40 1399-1500. (London, 2010), , British History Online. Web. 22 November 2024. https://prod.british-history.ac.uk/no-series/common-pleas/1399-1500/trinity-term-1421.
In this section
- Court of Common Pleas, CP 40/642, rot. 012d
- Court of Common Pleas, CP 40/642, rot. 103d
- Court of Common Pleas, CP 40/642, rot. 114d
- Court of Common Pleas, CP 40/642, rot. 116
- Court of Common Pleas, CP 40/642, rot. 117
- Court of Common Pleas, CP 40/642, rot. 129
- Court of Common Pleas, CP 40/642, rot. 132d
- Court of Common Pleas, CP 40/642, rot. 140
- Court of Common Pleas, CP 40/642, rot. 232
- Court of Common Pleas, CP 40/642, rot. 232d
- Court of Common Pleas, CP 40/642, rot. 301d
- Court of Common Pleas, CP 40/642, rot. 303d
- Court of Common Pleas, CP 40/642, rot. 307
- Court of Common Pleas, CP 40/642, rot. 307d
- Court of Common Pleas, CP 40/642, rot. 307d
- Court of Common Pleas, CP 40/642, rot. 309d
- Court of Common Pleas, CP 40/642, rot. 310d
- Court of Common Pleas, CP 40/642, rot. 314
- Court of Common Pleas, CP 40/642, rot. 321
- Court of Common Pleas, CP 40/642, rot. 322
- Court of Common Pleas, CP 40/642, rot. 325
- Court of Common Pleas, CP 40/642, rot. 326
- Court of Common Pleas, CP 40/642, rot. 336d
- Court of Common Pleas, CP 40/642, rot. 374
- Court of Common Pleas, CP 40/642, rot. 374
- Court of Common Pleas, CP 40/642, rot. 374d
- Court of Common Pleas, CP 40/642, rot. 374d
- Court of Common Pleas, CP 40/642, rot. 440
- Court of Common Pleas, CP 40/642, rot. 467
- Court of Common Pleas, CP 40/642, rot. 467d
- Court of Common Pleas, CP 40/642, rot. 468
- Court of Common Pleas, CP 40/642, rot. 468d
- Court of Common Pleas, CP 40/642, rot. 488d
- Court of Common Pleas, CP 40/642, rot. 490
- Court of Common Pleas, CP 40/642, rot. 503
Court of Common Pleas, CP 40/642, rot. 012d
Term: Trinity 1421
County: Surrey
Writ type: Disseisin
Case type: Real action / rents / damage to real estate
Pleading: John Broun seeks against John Cheseman and his wife Joan a moiety of 30 acres of land with appurtenances in Kingston upon Thames and Long Ditton in Surrey. JB states that a certain Robert le Freman granted these lands to his daughter Margery and Thomas de Longadicton, son of Stephen de Hadersham, and the heirs of their bodies; Margery and Thomas then married, and were seised in their demesne as of fee. From Margery and Thomas, the right to the two moieties of this property descended to their daughters, Isabel and Emma, and the plaintiff John Broun now claims the right to one moiety of this property, as the son and heir of Isabel.
Pleading: John and Joan Cheseman come by attorney, and call to warrant Joan and Alice, daughters and heirs of John Andrewe of Westerham, Kent. Joan and Alice are under-age, and thus John and Joan Chesemen seek that the case be respited until they come of age.
Pleading: John Broun states that John and Joan Cheseman ought not be allowed to call Joan and Alice to warrant, in delay of his suit, as neither Joan and Alice Andrewe, nor any of their ancestors, were seised of this moiety after the grant by Robert Freman, by virtue of which he claims the property, up until the day of his original writ, 5 July 1420.
Pleading: John and Joan C state that John Andrewe, father of Joan and Alice, was seised of this moiety after the grant made by Robert Freman and before the date of Broun's original writ. Enquiry by country, sheriff of Surrey to have jury here at the morrow of Martinmas, notwithstanding the liberty of the town of Kingston upon Thames.
Postea text: 2 posteas, sheriff did not send writ, to quindene of Michaelmas 1422.
Postea text: Pleading remained without day, due to the death of Henry V. Afterwards, in Michaelmas term 1425, JB came and sought a writ to the sheriff of Surrey to re-summon John and Joan Cheseman, to hear the record of the jury and the judgment, and to have the jury here to have view. This was granted, returnable at the octave of Martinmas, notwithstanding the liberty.
Court of Common Pleas, CP 40/642, rot. 103d
Term: Trinity 1421
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping
Pleading: Nicholas K. claims that Robert H. unjustly detains one chest with charters, writings, and other muniments. NK says that on 30/10/1417 he delivered this chest with charters etc. to RH for safe keeping, but that RH will not return it. Damages are claimed at £20.
Pleading: RH says that he does not detain the aforesaid chest with charters etc. and offers his law, to be made in Michaelmas term 1421. pledges of law are named. It is decided that RH's attorney, Robert Cammell, ought to have his master to this court to make is law in the aforesaid term.
Postea text: postea 1 - NK does not come to prosecute his writ and so he and his pledges of the prosecution are in mercy. RH is without day.
Type | Place | Date |
---|---|---|
Safe Keeping | St Benet Paul's Wharf < Castle Baynard Ward < London < England | (initial) 30/10/1417 |
Court of Common Pleas, CP 40/642, rot. 114d
Term: Trinity 1421
County: Suffolk
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Safe keeping
Pleading: John S. and Nicholas B., executors of the will of Alan R. claim that Richard B. unjustly detains one chest with charters, writings, and other muniments which the late AR gave to RB for safe keeping. JS and NB say that the late AR gave this sealed chest (pixidem predictam sigillatam) with charters etc. to RB for safe keeping on 01/07/1416, at Eye, Suffolk, and that RB will not return it. Damages are claimed at £200. JS and NB present letters testamentary to the court.
Pleading: RB says that he is not able to deny the action of the aforesaid executors, nor that he was given the chest with charters etc. for safe keeping. RB says that he has always, since the time of AR's death, been willing to deliver the chest with charters etc. to executors JS and NB. RB offers this same sealed chest etc. to the plaintiffs before the court. And upon this, RB delivers the chest etc. to JS and JB, and RB is quit of it.
Court of Common Pleas, CP 40/642, rot. 116
Term: Trinity 1421
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: 39m
Case type: Assault
Pleading: Richard R. claims that Bartholomew D. used force and arms to assault him at Wycome, Buckinghamshire, on 03/06/1418, whereupon BD threatened him, life and limb, so that he dare not walk the streets openly or conduct his business for fear of death, from the time of the assault until the end of March 1420. Damages are claimed at 39m.
Pleading: BD cites the statute of additions, namely that the original writ must include the defendant's title or occupation as of the day of the making of the original writ, and says that whereas the original writ refers to him as a 'founder' he is in fact a 'baterer', and was a 'baterer' on the day of the original writ's making. Hence, BD seeks judgement on the writ.
Pleading: RR says that as of the day of the making of the original writ, namely 05/04/1420, BD was a 'founder'. RR seeks inquiry upon the country, and BD seeks likewise. 'Order to the sheriff (of Buckinghamshire) to make a jury come in the octave Michaelmas term 1421.' Pledges are named for the defendant.
Case notes: related to CP40/642 rot.117; Cpro/657 rot.140d; and CP40/658 rot.138d.
Court of Common Pleas, CP 40/642, rot. 117
Term: Trinity 1421
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Trespass (chattels)
Pleading: Bartholomew D. claims that on 12/10/1418 Richard R. used force and arms to break his close at Wycombe, Buckinghamshire, whereupon RR used his ploughs to turn over BD's soil (cum quibusdam carucis subvertit). Hence, BD lost the use of this land from the day of the making of the original writ until the day of the making of the original writ, on [date left blank]. Damages are claimed at £20.
Pleading: RR defends and seeks licence to imparl as far as Michaelmas term 1421.
Case notes: related to CP40/642 rot.117; Cpro/657 rot.140d; and CP40/658 rot.138d.
Type | Place | Date |
---|---|---|
Destruction of Chattels House-breaking |
Wycombe < Buckinghamshire < England | (initial) 12/10/1418 |
Court of Common Pleas, CP 40/642, rot. 129
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: £13
Case type: Bond; Contract (general)
Pleading: William Marchant and William Bernes claim that John Petit owes them £40 on a bond made between John Petit on the one part, and WM, WB, and a certain late Thomas Waller on the other part. Damages are claimed at £40. Bond shown in court.
Pleading: John Petit comes and asks that the bond and its endorsements be read out in the court. The condition on the bond is such that if John Petit should perform all the conditions contained in a certain indenture made between John Petit on the one part, and WM, WB, and the late TW on the other, concerning the making of a certain tomb in the abbey of Robertsbridge, Sussex, before Easter 1421, then the bond shall be null and void. John Petit says that he fulfilled the terms of this indenture, at Robertsbridge where the abbey lay.
Pleading: WM and WB state that according to the indenture made between WM, WB, and the late TW, executors of the will of John D., on the one part, and John Petit on the other, of which they show here in court the part sealed by John Petit, dated 1 June 1416, John Petit agreed to build, between the responds of the arches ('respondencia arcus') on the southern side of the chancel of the abbey of Robertsbridge, a tomb of freestone with an opening ('ostia') of freestone at each end, and upon the tomb a freestone image of a knight with helmet, made according to the example and form which John Petit gave to the executors. For this work, John Petit was to find, at his own cost, all the sufficient and suitable stone, and carriage to the cross wall ('transversum murum') by Small Hythe, and all things pertaining to masonry except lime, sand, iron, lead, and carriage from the wall near Small Hythe to the abbey. All this work should have been done between the making of the indenture on 1 June 1416 and the feast of the Nativity of St John the Baptist (24 June) 1417. For this work, John Petit was to receive 42m upon the making of the indenture, 10m before the quindene of Michaelmas 1416, 10m before the quindene of Christmas 1416, 10m before the quindene of Easter 1417, and, provided John Petit should have completed all the aforesaid work, a final 10m before the Nativity of St John the Baptist 1417. WM and WB, protesting that John Petit did not hold to the conditions aforesaid, say that John Petit was not impeded in this work, but that John Petit did not build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture.
Pleading: John Petit, not acknowledging anything said by the plaintiffs, says that he did build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417 (24/06/1417), according to the terms of the indenture. John Petit puts himself upon the country, and WM with WB put themselves likewise. Order to the sheriff of Sussex, to make a jury come in Michaelmas term 1421.
Postea text: postea 1 - the sheriff of Sussex did not send the writ and so the case is forwarded to later in Michaelmas term 1421.
Postea text: postea 2 - continuance between the parties as far as Trinity term 1422, and from then respited as far as Michaelmas term 1422, prior to which date Henry V died. Thus, in Michaelmas term 1422, WM and WB came before this court and requested a writ to the sheriff of London to make defendant JP come to the court and hear the finding of a jury in Hilary term 1423. WM and WB also sought a new writ of the sheriff of Sussex, to make a jury come in Hilary term 1423.
Postea text: postea 3 - continuance between the parties as far as Trinity term 1423, unless the case is first heard before justice John Preston on 29 May 1423 at Robertsbridge, Sussex.
Postea text: postea 4 - The case is heard before justice John Preston and associate justice John V. on 29 May 1423 at Robertsbridge, Sussex. John Petit does not come and so the jury is taken against him in default. The jury come and say that John Petit did not make the aforesaid tomb between the day of the making of the indenture (01/06/1416) and the nativity of St John the Baptist 1417 in accordance with the indenture. WM and WB are to recover the debt on the bond plus damages of £13. John Petit is in mercy.
Postea text: postea 5 - 06/10/1424 (octave of Michaelmas 1424), WM and WB come before the court by attorney, as well as John Petit, having been taken by the sheriff of London. WM and WB acknowledge satisfaction concerning the aforesaid debt and damages. John Petit is quit.
Court of Common Pleas, CP 40/642, rot. 132d
Term: Trinity 1421
County: London
Writ type: Debt (sale of goods)
Damages claimed: £50
Damages awarded: 6m
Case type: Sale of goods
Pleading: Richard S. claims that Richard B. owes him £40 arising from the sale of 10 tuns of red Gascon wine. Damages are claimed at £50.
Pleading: RB admits the action, and that he owes the debt as claimed. Order that RS recover the debt, and damages of 6m. RB amerced, and is committed to the Fleet prison, both on this and on another debt of £28 18s 8d recovered against RB by William de Lunhs, merchant of Gascony, in the king's court before John Boteler, sheriff of London.
Postea text: The said Richard de Lunhs [sic, error for William?] acknowledges satisfaction of the debt of £28 18s [sic], and thus RB is quit of this sum. RB is brought to the bar of the court by the warden of the Fleet, and says that he has satisfied RS concerning the aforesaid debt and damages, and has been issued with a release dated [omitted] 2 Henry VI [no further details]
Type | Place | Date |
---|---|---|
Sale of Goods | St Dunstan in the West < Farringdon Ward Without < London < England |
(initial) 09/02/1412 (due) 24/06/1412 < St John the Baptist, Nativity of |
Court of Common Pleas, CP 40/642, rot. 140
Term: Trinity 1421
County: Devon
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping
Pleading: Thomas T. claims that Henry B. detains a certain bond which was given to him for safe keeping. TT says that this bond shows that he is held to a certain Walter Bacheler in 24m under certain conditions within-written. Damages are claimed at £20.
Pleading: HB shows the bond to the court and says that he is prepared to deliver it with the court's decision. HB says that the aforesaid bond was given to him with the mutual assent of TT and Walter Bacheler, only to be returned under certain conditions. HB says he is ignorant, as per the part of Walter Bacheler, of whether these conditions have been met. HB seeks that Walter Bacheler be brought before the court etc. Therefore, the sheriff of Devon is ordered to make Walter Bacheler come before the court in Michaelmas term 1421. HB and TT are given further day in the same term.
Postea text: postea 1 - the sheriff of Devon returns that Walter Bacheler was informed that he should come, by way of John C., William Bisshop, Benedict F., and William L. However, Walter Bacheler has not come. Therefore, the decision is that TT is to recover the aforesaid bond, per default of Walter Bacheler. HB is quit of the bond.
Court of Common Pleas, CP 40/642, rot. 232
Term: Trinity 1421
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Debt; Real action / rents / damage to real estate
Pleading: Thomas S. says that William B. owes him £20 as the unpaid residue of a debt of 80m, arising from the sale of property. TS claims that on 14/11/1419, at London, he sold to WB one messuage and two carucates of lands with appurtenances in Chalfont St. Peter, Buckinghamshire, in exchange for 80m, payable in Christmas 1419. TS acknowledges payment of 50m of aforesaid 80m, but claims that £20 of the aforesaid 80m have not yet been pad. Damages are claimed at £10.
Pleading: WB says that he does not owe TS the aforesaid £20 nor any other monies and puts himself upon the country, and TS puts himself likewise. Pledges are named for the defendant. The sheriff of London is ordered to make a jury come in Michaelmas term 1421.
Court of Common Pleas, CP 40/642, rot. 232d
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment
Pleading: John P. claims that William S. owes him £8 per a bond. Damages are claimed at 100s. Bond shown in court, which bond was made at London [parish and ward left blank].
Pleading: WS says that the force of the bond ought not hold because at the time of its making he was imprisoned by JP and others of his coven at Gravesend, Kent.
Pleading: JP says that WS was a free man at the time of the bond's making and seeks inquiry upon the country, and WS seeks likewise. The sheriff of Kent is ordered to make a jury come in Michaelmas term 1421. Pledges are named for the defendant.
Postea text: postea 1 - WS does not come and so the jury is to be taken against him in default. The case is placed in respite until the octave of Martinmas 1421 (later in Michaelmas term 1421), so that a jury may be placed.
Type | Place | Date |
---|---|---|
Bond | London < England |
(initial) 04/09/1419 (due) 03/12/1419 |
Imprisonment | Gravesend < Kent < England | (initial) 04/09/1419 |
Court of Common Pleas, CP 40/642, rot. 301d
Term: Trinity 1421
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods
Pleading: John S. claims that Robert P. owes him 40s arising from the sale of cloth which RP bought but did not pay for. Damages are claimed at 40s. The cloth was namely: 'black woollen cloth of kersey frieze' and 'motley (coloris polemiti) woollen cloth of russet'.
Pleading: RP says that he does not owe JS the aforesaid 40s nor any other monies and offers his law, to be made same term as pleadings.
Postea text: RP makes his law, same term as pleadings, and so is without day. JS is in mercy for false claim.
Court of Common Pleas, CP 40/642, rot. 303d
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Damages awarded: 6s 8d
Case type: Bond
Pleading: Thomas W. claims that Thomas P. owes him £20 per a bond. Bond shown in court, which has been given at London etc. Damages are claimed at 40m.
Pleading: TP says that he is not able to deny the aforesaid debt, nor the validity of the bond.
Postea text: The decision is that TW is to recover the aforesaid debt plus damages of 6s 8d. TP is in mercy
Type | Place | Date |
---|---|---|
Bond | St Botolph without Aldersgate < Cripplegate Ward < London < England |
(initial) 05/11/1417 (due) 25/12/1417 < Christmas |
Individual | Status | Occupation | Place | Role |
---|---|---|---|---|
Thomas Provendre (m) | Citizen | Mercer | London < England | Defendant |
Thomas Willesdon (m) | London < St Botolph without Aldersgate < England | Plaintiff |
Court of Common Pleas, CP 40/642, rot. 307
Term: Trinity 1421
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Real action / rents / damage to real estate; Taking of goods
Pleading: John G. claims that Richard W. used force and arms to seize and carry off 40s cash and a sealed chest containing charters, writings and other muniments at Lambeth, Surrey. Damages are claimed at £40.
Pleading: RW defends and seeks licence to imparl to octave of Michaelmas.
Pleading: [continued at Michaelmas 1421, rot 316] RW denies force and arms and acting against the peace, as well as taking of 6s 4d of the said 40s. Parties on country. On the remainder, RW says that, concerning the taking of the chest and charters, long before the day of the supposed trespass John Costyn, John Bricete and William Lambard were seised of certain lands and tenements in Lambeth, Surrey, in their demesne as of fee. Afterwards, they granted these lands, by the name of all the lands and tenements which they had of the gift and enfeoffment of John Est in the parish of Lambeth, to RW (the defendant) and Agnes, wife of John Garton, mercer of Westminster (the plaintiff), to be held by them and their heirs in perpetuity. By force of this grant, RW and AG were and still are seised in their demesne as of fee, holding them in common and indivisibly. RW says that the charters, writings and muniments in the chest pertain to the right and inheritance of this property, and hence he took them away, as was his right. Concerning the remaining 33s 4d of the aforesaid 40s, RW states that AG, while her husband was away, fearing that she would not be able to guard this money during her husband's absence and that the money could be stolen, delivered it to RW for safe keeping on the day of the supposed trespass. This was to be returned to AG on request, which he later did.
Pleading: JG says that his action should continue, as he and Agnes, by the right of Agnes, were and still are seised of the said lands and tenements in Lambeth, of the grant of JC, JB, and WL, this grant being on the charter which, along with other writings and muniments, was in the chest forcibly taken by RW; the property was not granted jointly to RW and Agnes, as claimed by RW. Concerning the 33s 4d, he repeats that RW forcibly took this sum, and it was not delivered to him in safe-keeping, as RW has claimed.
Pleading: RW repeats that the property was granted to both him and Alice, as he claimed, and that he returned the 33s 4d to Agnes, as he has claimed. Parties on country, jury here at octave of Hilary 1422.
Case notes: Continued on CP 40/643, rot 316.
Court of Common Pleas, CP 40/642, rot. 307d
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond
Pleading: Lawrence S. claims that John D. owes him £16 per a bond. Damages are claimed at £10. Bond shown in court. And upon this LS says that the bond was made at London etc.
Pleading: JD defends and seeks licence to imparl as far as Michaelmas term 1421. Pledges are named for the defendant.
Postea text: 2 posteas - both are further licences to imparl, as far as Easter term 1422.
Type | Place | Date |
---|---|---|
Bond | St Sepulchre without Newgate < Farringdon Ward Without < London < England |
(initial) 13/04/1415 (due) 01/05/1415 |
Court of Common Pleas, CP 40/642, rot. 307d
Term: Trinity 1421
County: Middlesex
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account
Pleading: John E. claims that John K. owes him £8 5s 6d as determined by a reckoning of the account between them before auditors Thomas M. and Walter T. JE says that this accounting concerned the time when JK acted as his receiver of monies. Damages are claimed at £10.
Pleading: JK defends and seeks licence to imparl as far as Michaelmas term 1421.
Court of Common Pleas, CP 40/642, rot. 309d
Term: Trinity 1421
County: Kent
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping
Pleading: Robert A. and William R. claim tat John H. unjustly detains a certain chest containing charters, writings and other muniments. RA and WR say that on 04/02/1420 the gave this chest with charters etc. to JH for safe keeping, and JH will not return it. This chest contained, namely: one charter by which John J. gave certain lands and tenements with appurtenances, at Sutton at Hone (Kent) to Walter W., his heirs and assigns; a release by which John P. and Thomas P. released and quitclaimed to the same WW all right and claim in the same lands and tenements, from which certain WW, plaintiffs RA and WR have estate in the aforesaid tenements and lands; and other charters, writings, and muniments contained in the same chest. Damages are claimed at £40.
Pleading: JH says that he does not detain the aforesaid chest with charters etc. and puts himself upon the country, and RA with WR put themselves likewise. Order to the sheriff of Kent to make a jury come in Michaelmas term 1421.
Court of Common Pleas, CP 40/642, rot. 310d
Term: Trinity 1421
County: Sussex
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account
Pleading: Agnes H. claims that Henry P. has not rendered to her reasonable account concerning the time when he acted as her receiver of monies. AH says that HP acted as her receiver from the feast of St Bartholomew 1411 (24/08/1411) to the feast of Michaelmas 1411 (29/09/1411), during which time HP received on AH's behalf, £10 per the hands of John L. AH claims damages of £20.
Pleading: HP defends and seeks licence to imparl as far as Michaelmas term 1421. Pledges are named for the defendant.
Type | Place | Date |
---|---|---|
Service/employment Contract | Hellingly < Sussex < England |
(initial) 24/08/1411 (due) 29/09/1411 < Michaelmas |
Court of Common Pleas, CP 40/642, rot. 314
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond
Pleading: Nicholas B., William N., and John H. , executors of the will of Adam G., claim that Thomas W. owes them £13 10s per four bonds all made on 07/02/1419, three bonds of 6s and one of £14 10s , all payable in the church of St Martin Outwich, London. Damages are claimed at £20. Bonds shown in court, as well as letters testamentary. And upon this NB, WN, and JH say that the bonds were made at London in the parish of St Martin Outwich, ward of [left blank].
Pleading: TW comes and say that the force of the bonds ought not hold because after their making, namely on 02/10/1420 at Warwick (Warwickshire), the late AG issued him a release. AG presents this release to the court and seeks judgement.
Pleading: Executors NB, WN, and JH say that the release is not of the late AG's making and seek inquiry upon the country, and TW seeks likewise. Order to the sheriff of Warwickshire to make a jury come in Michaelmas term 1421. The release is give to clerk John H. for safe keeping. Pledges are named for the defendant.
Court of Common Pleas, CP 40/642, rot. 321
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: £13
Case type: Bond; Contract (general)
Pleading: William Marchant and William Bernes claim that William Smyth owes them £40 on a bond made between RD on the one part, and WM, WB and a certain late Thomas Waller on the other part. Damages claimed at £40. Bond shown in court.
Pleading: WS comes and asks that the bond and its endorsements be read out in the court. The condition on the bond is such that, if one John Petit should perform all the conditions contained in a certain indenture made between John Petit on the one part, and WM, WB, and the late TW on the other part, concerning the making of a certain tomb in the abbey of Robertsbridge, Sussex, before Easter 1421, then the bond shall be null and void. WS says that John Petit fulfilled the terms of this indenture, at Robertsbridge where the abbey lay.
Pleading: WM and WB state that according to the indenture made between WM, WB, and the late TW, executors of the will of John D., on the one part, and John Petit on the other, of which they show here in court the part sealed by John Petit, dated 1 June 1416, John Petit agreed to build, between the responds of the arches ('respondencia arcus') on the southern side of the chancel of the abbey of Robertsbridge, a tomb of freestone with an opening ('ostia') of freestone at each end, and upon the tomb a freestone image of a knight with helmet, made according to the example and form which John Petit gave to the executors. For this work, John Petit was to find, at his own cost, all the sufficient and suitable stone, and carriage to the cross wall ('transversum murum') by Small Hythe, and all things pertaining to masonry except lime, sand, iron, lead, and carriage from the wall near Small Hythe to the abbey. All this work should have been done between the making of the indenture on 1 June 1416 and the feast of the nativity of St John the Baptist (24 June) 1417. For this work, John Petit was to receive 42m upon the making of the indenture, 10m before the quindene of Michaelmas 1416, 10m before the quindene of Christmas 1416, 10m before the quindene of Easter 1417, and, provided John Petit should have completed all the aforesaid work, a final 10m before the Nativity of St John the Baptist 1417. WM and WB, protesting that John Petit did not hold to the conditions aforesaid, say that John Petit was not impeded in this work, but that John Petit did not build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture.
Pleading: WS, not acknowledging anything said by the plaintiffs, says that John Petit did build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture. Parties on country, sheriff of Sussex to have jury of Robertsbridge here at octave of Michaelmas.
Postea text: Sheriff of Sussex did not send writ, to the morrow of Martinmas 1421.
Postea text: Process continued, jury in respite to the octave of Trinity 1422, and then to the octave of Michaelmas, before which date Henry V died. In Michaelmas term 1422, WM and WB came before this court and requested two writs, one to the sheriff of London to summon the defendant JP before the court and hear the jury, and another to the sheriff of Sussex to have a jury here. These are granted, returnable at the octave of Hilary 1423.
Postea text: Process continued, jury in respite to octave of Trinity 1423, nisi prius they come before John Preston, JCP, at Robertsbridge on 29 May 1423. On this day, plaintiffs come by attorney, Preston sends record that on that day, before Preston and John Vyncent, plaintiffs come by attorney, defendant does not come, in default. Jury say that Petit did not build the tomb and images between the time of the indenture and the said feast of St John the Baptist, as claimed by the plaintiffs. Damages assigned at £13. WS amerced.
Postea text: At the octave of Michaelmas 1424, WM and WB come by attorney, and WS in person. WM and WB acknowledge satisfaction of the debt and damages, so WS is quit.
Court of Common Pleas, CP 40/642, rot. 322
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Contract (general)
Pleading: William Marchant and William Bernes claim that Robert Devenshire owes them £40 on a bond made between RD on the one part, and WM, WB and a certain late Thomas Waller on the other part. Damages claimed at £40. Bond shown in court.
Pleading: RD comes and asks that the bond and its endorsements be read out in the court. The condition on the bond is such that, if one John Petit should perform all the conditions contained in a certain indenture made between John Petit on the one part, and WM, WB and the late TW on the other part, concerning the making of a certain tomb in the abbey of Robertsbridge, Sussex, before Easter 1421, then the bond shall be null and void. RD says that John Petit fulfilled the terms of this indenture, at Robertsbridge where the abbey lay.
Pleading: WM and WB state that according to the indenture made between WM, WB and the late TW, executors of the will of JD, on the one part, and John Petit on the other, of which they show here in court the part sealed by John Petit, dated 1 June 1416, John Petit agreed to build, between the responds of the arches ('respondencia arcus') on the southern side of the chancel of the abbey of Robertsbridge, a tomb of freestone with a 'door' ('ostia') of freestone at each end, and upon the tomb a freestone image of a knight with helmet, made according to the example and form which John Petit gave to the executors. For this work, John Petit was to find, at his own cost, all the sufficient and suitable stone, and carriage to the cross wall ('transversum murum') by Small Hythe, and all things pertaining to masonry except lime, sand, iron and lead, and carriage from the wall near Small Hythe to the abbey. All this work should have been done between the making of the indenture on 1 June 1416 and the feast of the nativity of St John the Baptist (24 June) 1417. For this work, John Petit was to receive 42m upon the making of the indenture, 10m before the quindene of Michaelmas 1416, 10m before the quindene of Christmas 1416, 10m before the quindene of Easter 1417, and, provided John Petit should have completed all the aforesaid work, a final 10m before the Nativity of St John the Baptist 1417. WM and WB, protesting that John Petit did not hold to the conditions aforesaid, say that John Petit was not impeded in this work, but that John Petit did not build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture.
Pleading: RD, not acknowledging anything said by the plaintiffs, says that John Petit did build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture. Parties on country, sheriff of Sussex to have jury of Robertsbridge here at octave of Michaelmas.
Postea text: postea 1 - the sheriff of Sussex did not send the writ and so the case is forwarded to later in Michaelmas term 1421.
Court of Common Pleas, CP 40/642, rot. 325
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Contract (general)
Pleading: William Marchant and William Bernes claim that Richard Carpenter owes them £40 on a bond made between RC on the one part, and WM, WB and a certain late Thomas Waller on the other part. Damages claimed at £40. Bond shown in court.
Pleading: RC comes and asks that the bond and its endorsements be read out in the court. The condition on the bond is such that, if one John Petit should perform all the conditions contained in a certain indenture made between John Petit on the one part, and WM, WB, and the late TW on the other part, concerning the making of a certain tomb in the abbey of Robertsbridge, Sussex, before Easter 1421, then the bond shall be null and void. RC says that John Petit fulfilled the terms of this indenture, at Robertsbridge where the abbey lay.
Pleading: WM and WB state that according to the indenture made between WM, WB, and the late TW, executors of the will of John D., on the one part, and John Petit on the other, of which they show here in court the part sealed by John Petit, dated 1 June 1416, John Petit agreed to build, between the responds of the arches ('respondencia arcus') on the southern side of the chancel of the abbey of Robertsbridge, a tomb of freestone with an opening ('ostia') of freestone at each end, and upon the tomb a freestone image of a knight with helmet, made according to the example and form which John Petit gave to the executors. For this work, John Petit was to find, at his own cost, all the sufficient and suitable stone, and carriage to the cross wall ('transversum murum') by Small Hythe, and all things pertaining to masonry except lime, sand, iron, lead, and carriage from the wall near Small Hythe to the abbey. All this work should have been done between the making of the indenture on 1 June 1416 and the feast of the nativity of St John the Baptist (24 June) 1417. For this work, John Petit was to receive 42m upon the making of the indenture, 10m before the quindene of Michaelmas 1416, 10m before the quindene of Christmas 1416, 10m before the quindene of Easter 1417, and, provided John Petit should have completed all the aforesaid work, a final 10m before the Nativity of St John the Baptist 1417. WM and WB, protesting that John Petit did not hold to the conditions aforesaid, say that John Petit was not impeded in this work, but that John Petit did not build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture.
Pleading: RC, not acknowledging anything said by the plaintiffs, says that John Petit did build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417 (24/06/1417), according to the terms of the indenture. RC puts himself upon the country, and WM with WB put themselves likewise. Order to the sheriff of Sussex, to make a jury come in Michaelmas term 1421.
Postea text: postea 1 - the sheriff of Sussex did not send the writ and so the case is forwarded to later in Michaelmas term 1421.
Court of Common Pleas, CP 40/642, rot. 326
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: £13
Case type: Bond; Contract (general)
Pleading: William Marchant and William Bernes, executors of John Dalyngrygge, state that Roger Peres owes them £40 on a bond made between RP on the one part, and WM, WB, and a certain late Thomas Waller on the other. Damages claimed at £40. Bond shown in court.
Pleading: RP asks that the bond and its endorsements be read out in the court. The condition on the bond is such that, if one John Petit should perform all the conditions contained in a certain indenture made between John Petit on the one part, and WM, WB, and the late TW on the other part, concerning the making of a certain tomb in the abbey of Robertsbridge, Sussex, before Easter 1421, then the bond shall be null and void. RP says that John Petit fulfilled the terms of this indenture, at Robertsbridge where the abbey lay.
Pleading: WM and WB state that according to the indenture made between WM, WB, and the late TW, executors of the will of John D., on the one part, and John Petit on the other, of which they show here in court the part sealed by John Petit, dated 1 June 1416, John Petit agreed to build, between the responds of the arches ('respondencia arcus') on the southern side of the chancel of the abbey of Robertsbridge, a tomb of freestone with a 'door' ('ostia') of freestone at each end, and upon the tomb a freestone image of a knight with helmet, made according to the example and form which John Petit gave to the executors. For this work, John Petit was to find, at his own cost, all the sufficient and suitable stone, and carriage to the cross wall ('transversum murum') by Small Hythe, and all things pertaining to masonry except lime, sand, iron and lead, and carriage from the wall near Small Hythe to the abbey. All this work should have been done between the making of the indenture on 1 June 1416 and the feast of the nativity of St John the Baptist (24 June) 1417. For this work, John Petit was to receive 42m upon the making of the indenture, 10m before the quindene of Michaelmas 1416, 10m before the quindene of Christmas 1416, 10m before the quindene of Easter 1417, and, provided John Petit should have completed all the aforesaid work, a final 10m before the Nativity of St John the Baptist 1417. WM and WB, protesting that John Petit did not hold to the conditions aforesaid, say that John Petit was not impeded in this work, but that John Petit did not build the aforesaid tomb and image between the making of the indenture and the Nativity of St John the Baptist 1417, according to the terms of the indenture.
Pleading: RP, not acknowledging anything said by the plaintiffs, says that John Petit did build the aforesaid tomb and image between the making of the indenture and the nativity of St John the Baptist 1417, according to the terms of the indenture. Parties on country, sheriff of Sussex to have jury of Robertsbridge here at the octave of St John the Baptist.
Postea text: Sheriff of Sussex did not send the writ, to the morrow of Martinmas 1421.
Postea text: Process continued, jury in respite to quindene of Trinity 1422, and from then to the octave of Michaelmas 1422, before which time Henry V died. In Michaelmas term 1422, WM and WB came before this court and requested two writs, one to the sheriff of London to have the defendant before the court to hear the jury, and another to the sheriff of Sussex to have the jury here. Both were granted, returnable at the octave of Hilary 1423.
Postea text: Process continued, jury in respite to the octave of Trinity 1423, nisi prius they appear before John Preston at Robertsbridge on 29 May 1423. On this day, plaintiffs come, JP sends record that on that day, before JP and John Vyncent, plaintiffs come by attorney, defendant did not come, in default. Ury say that John Petit did not make the tomb and images between the making of the indenture and the said feast, as claimed by the plaintiffs. Damages assigned at £13. RP amerced.
Court of Common Pleas, CP 40/642, rot. 336d
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 3s 4d
Costs: 43s 4d
Case type: Bond
Pleading: Chaplain Thomas F. claims that Robert M. owes him £40 as the unpaid residue of a £54 bond. Damages are claimed at £40. Bond shown in court.
Pleading: RM says that the bond is not of his making and puts himself upon the country, and chaplain TF puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1421. The bond is given to clerks John H. for safe keeping. Pledges are named for the defendant.
Postea text: postea 1 - RM does not come, and so a jury is to be taken against him for default. The case is respited as far as the quindene of Martinmas 1421.
Postea text: postea 2 - bond given to justice John Cokayn for consideration by a jury, clerk JH is quit of it.
Postea text: postea 3 - John Cokayn returns the bond to clerk JH and is quit.
Postea text: postea 4 - at the said quindene of Martinmas 1421, the jury does not come, in respite to the morrow of the Purification 1422, unless the case should first be heard before justice John Cokayn at the assize at St Martin le Grand on 26 January 1422.
Postea text: postea 5 - justices send record that the case was heard at before justices John Cokayn and Richard Lyversegge at St Martin le Grand on 26 January 1422. A jury comes and says on oath that the bond is of RM's making, as chaplain TF claimed. TF is to recover the aforesaid debt plus damages of 3s 4d plus costs of 36s 8d. And upon this TF seeks that the justices increase his award for costs, and the justices award TF an additional 6s 8d. Therefore chaplain TF is to recover the aforesaid debt plus a total of 46s 8d in damages and costs. RM is to be arrested.
Case notes: The posteas following this case appear to be recorded out of chronological order.
Type | Place | Date |
---|---|---|
Bond | St Swithin London Stone < Walbrook Ward < London < England |
(initial) 26/05/1415 (due) 29/09/1415 < Michaelmas |
Court of Common Pleas, CP 40/642, rot. 374
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond
Pleading: Thomas W. and William P. claim that William C. owes him 40s per a bond. Damages are claimed at 10m. Bond shown in court.
Pleading: WC says that the action against him ought not continue because he was always prepared to pay TW and WP the aforesaid 40s, and offers it to them now before the court.
Pleading: TW and WP say that WC was not always willing to pay then the aforesaid 40s and that he refused to give it to them, namely (refused to give it to them) on 12/06/1420 in the parish of St Mary Magdalen Milk Street, Cheap Ward.
Pleading: WC says that he was prepared to pay TW and WP on 12/06/1420 in the parish of St Mary Magdalen Milk Street, Cheap Ward. Concerning this, WC puts himself upon the country, and TW with WP put themselves likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1421. Pledges are named for the defendant.
Type | Place | Date |
---|---|---|
Bond | St Mary Magdalen, Milk Street < Cheap Ward < London < England |
(initial) 07/03/1419 (due) 25/03/1419 < Blessed Virgin Mary, Annunciation of |
Court of Common Pleas, CP 40/642, rot. 374
Term: Trinity 1421
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account
Pleading: Thomas O. claims that John H and his wife Agnes H. owe him 50s. Thomas O. claims that on 30/08/1419 he himself, together with John H. and his wife Agnes H., had a reckoning of account concerning bought 60 barrels of good beer which was bought for AH, to the use of JH (per prefatam Agnetem ad usum predicti Johannis Hakker emptis). Upon this reckoning it was found that JH and AH were in arrears and clear debt to TO of 60s. Damages are claimed at 40s.
Pleading: JH and AH say that they do not owe TO the aforesaid 50s nor any other monies and offer their law, to be made in Michaelmas term 1421. Pledges of law are named.
Postea text: postea 1 - TO does not come and so he and his pledges of the prosecution are in mercy. JH and AH are without day.
Court of Common Pleas, CP 40/642, rot. 374d
Term: Trinity 1421
County: Middlesex
Writ type: Detinue
Damages claimed: 100s
Case type: Detention of goods; Safe keeping
Pleading: Richard W. claims that John C. unjustly detains his goods to the value of 5m. RW says that on 15/01/1419 delivered to JC for safe keeping, 2 basins (pelves) called 'spicer's weighing basins' ('spicers weyng basyns') and other household utensils, which JC will not return. Damages are claimed at 100s.
Pleading: JC says that he does not detain the aforesaid goods, nor anything else, and offers his law, to be made in Michaelmas term 1421. Pledges of law are named.
Court of Common Pleas, CP 40/642, rot. 374d
Term: Trinity 1421
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Loan
Pleading: William S., administrator of the goods and chattels of Andrew P. (died intestate), claims that John J. owes him £12 by way of an unpaid £11 bond made between late AP and JJ, as well an outstanding £1 loan which the late AP made to JJ. Damages are claimed at £20. Bond shown in court, as well as letters of administration given by John G. clerk of the bishop of London…of the commissary general etc. Noted that the bond says nothing of where it was made, but WS says it was made at London [parish and ward left blank].
Pleading: JJ says after the making of the aforesaid bond and loan the late AP, within his lifetime, issued him a release at Tetsworth, Oxfordshire, on 08/12/1403 [just three days after the making of the bond and loan].
Pleading: WS says that the release is not of the late AP's making and seeks inquiry upon the country, and JJ seeks likewise. Order to the sheriff of Oxfordshire to make a jury come in Michaelmas term 1421. The release is give to clerk John H. for safe keeping.
Court of Common Pleas, CP 40/642, rot. 440
Term: Trinity 1421
County: Middlesex
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping
Pleading: William B. claims that Thomas M. unjustly detains one bond. WB claims that on 24/03/1421 he have this bond to TM, who will not return it. WB says that the bond shows that John M. and William N. are held to him in £4 at certain terms within-written. Damages are claimed at £40.
Pleading: TM presents the bond to the court and says that he is willing to deliver it with the court's decision. TM says that the aforesaid bond was given to him with the mutual assent of WB, JM and WM, to be returned to WB, or JM and WM, only under certain conditions. TM says that he is ignorant, on the part of JM and WM, if those conditions have been met. TM seeks that JM and WM be brought to the court etc. Therefore the sheriff of Middlesex is ordered to make JM and WM come to this court in Michaelmas term 1421. TM and WB are given day in the same term.
Postea text: postea 1 - JM and WM do not come, and the sheriff returns that he made it known to them that they were to be to this court etc. Therefore WB is to have livery of the aforesaid bond, by way of the default of JM and WM. TM delivers the bond to WB and is quit of it.
Court of Common Pleas, CP 40/642, rot. 467
Term: Trinity 1421
County: Cambridgeshire
Writ type: Debt (sale of goods)
Damages claimed: 5m
Case type: Sale of goods
Pleading: Richard C., parson William M., and Philip M, executors of Alice S. who was the widow of Stephen S., claim that John K. owes them 40s arising from the sale of 800 pounds of iron which JK bought from the late AS but did not pay for. Damages are claimed at 5m. Letters testamentary are shown to the court.
Pleading: JK says that he does not owe the aforesaid executors 40s nor any other monies and puts himself upon the country, and executors RC, parson WM, and PM put themselves likewise. Order to the sheriff of Cambridgeshire to make a jury come in Michaelmas term 1421.
Type | Place | Date |
---|---|---|
Sale of Goods | Cambridge < Cambridgeshire < England |
(initial) 30/09/1415 (due) 25/12/1415 < Christmas |
Court of Common Pleas, CP 40/642, rot. 467d
Term: Trinity 1421
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Abduction
Pleading: William M. claims that that his servant Thomas B., who was lately in his service at London, was abducted with force and arms by Thomas C., together with Thomas S. WM claims that he was thus without TB's service for half a year, to WM's damage of £10. Damages are claimed (in the present action) at 20m.
Pleading: TC defends and seeks licence to imparl as far as Michaelmas term 1421. pledges are named for the defendant.
Type | Place | Date |
---|---|---|
Abduction | St Matthew Friday Street < Bread Street Ward < London < England | (initial) 29/09/1419 |
Court of Common Pleas, CP 40/642, rot. 468
Term: Trinity 1421
County: London
Writ type: Trespass (against statute)
Damages claimed: 10m
Case type: Breach of Statute; Contract (service/employment)
Pleading: Thomas N. claims that on 15/09/1420 he retained Thomas S. to work for him as a brewer for one full year then next following. However, TS left his service prematurely on 11/02/1421 (Tuesday in the feast of 'carniprivii') without reasonable cause, breaching the statute of labourers. Damages are claimed at 10m.
Pleading: TS says that he withdrew from TN's service one the day aforesaid, with TN's permission, and seeks judgement.
Pleading: TN says that TS withdrew from service without his permission and seeks inquiry upon the country, and TS seeks likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1421. Pledges are named for the defendant.
Type | Place | Date |
---|---|---|
Breach of Statute | England | (initial) 11/02/1421 |
Service/employment Contract | Langbourn Ward < London < England |
(initial) 15/09/1420 (due) 15/09/1421 |
Court of Common Pleas, CP 40/642, rot. 468d
Term: Trinity 1421
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment
Pleading: Benedict H. and John W. claim that John W. owes them 63s 4d per a bond made on 06/02/1419 and payable in two equal payments of 31s 8d in the feasts of Easter 1319 (16/04/1419) and the nativity of St John the Baptist 1419 (24/06/1419). Damages are claimed at 100s. And upon this BH and John Wodechirche say that the bond was made at London etc.
Pleading: JW defends and seeks licence to imparl as far as Michaelmas term 1421.
Pleading: [further information drawn from CP40/643 rot120d.] John Walkere says that the force of the bond ought not hold because at the time of it's making he was imprisoned by BH John Wodechirche and others of their coven at Newport, Shropshire.
Pleading: BH and John Wodechirche say that John Walkere was a free man at the time of the bond's making and seek inquiry, and John Walkere seeks likewise. Order to the sheriff of Shropshire to make a jury come in Hilary term 1422.
Case notes: further information drawn from CP40/643 rot120d.
Court of Common Pleas, CP 40/642, rot. 488d
Term: Trinity 1421
County: London
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault; Imprisonment
Pleading: John B. claims that William C., together with William S. and John F., used force and arms to assault and imprison for the entire day of 12/06/1421, at London. Damages are claimed at £100.
Pleading: WC defends and seeks licence to imparl as far as Michaelmas term 1421.
Type | Place | Date |
---|---|---|
Assault Imprisonment |
St Martin Ludgate < Farringdon Ward Without < London < England | (initial) 12/06/1421 |
Court of Common Pleas, CP 40/642, rot. 490
Term: Trinity 1421
County: Berkshire
Writ type: Trespass (other)
Damages claimed: 200m
Case type: Trespass (chattels)
Pleading: Thomas O. of London is in mercy for many defaults. William B. with his wife Agens B. and Adam W. with his wife Alice W. claim that Thomas O. laid waste to lands, buildings, woods, and gardens which he holds by the courtesy of England, and which AB and AW are to inherit. WB, AB, Adam W. and Alice W. say that AB and Alice W are the daughters of a certain Constance (O.), who was seised of the manor of Earley Bartholomew, Berkshire. They say that the defendant TO married CO, and that they were seised of the property in demesne and as of fee, and CO died seised of such estate. (The VCH for Berkshire vol.2 says that in 1393 TO and CO 'settled the manor on themselves in fee-tail, with remainder to Thomas Overy and his wife Constance and the heirs of Constance...in 1413 Thomas Overy and Constance settled the manor on themselves for life, with remainder to John Beck (Bek, Beke) and Agnes Overy, their daughter, and the heirs of John Beck.') The plaintiffs say that TO laid waist to the property, namely: by digging marl, clay/potters-earth, and sand in four acres of land and free stone, which was sold for 40s; by allowing one hall worth £20, one room worth 10m, 3 other rooms worth 8m each, one grange worth 20m, one stable worth 100s to be and remain un-roofed so that the timbers rotted; by selling one bakery and timbers worth 100s, one kitchen worth 8m, and one sheep-fold ('bercariam'- tannery?) worth £20; by selling from the wood, 3,000 oak trees worth 10d each, 8 elm trees worth 12d each; and by selling from the garden 20 pear-trees worth 20d each, and 5 apple trees worth 12d each. Damages are claimed at 200m.
Pleading: To defends and seeks licence to imparl as far as Michaelmas term 1421.
Pleading: [Further information drawn from CP40/644 rot.104] TO says that the action against him ought not continue because WB and AB issued him a release on 22/01/1422 concerning all personal actions between them prior to the day of the release's making.
Pleading: WB and AB say that they are not able to deny that the release is of their making. Therefore WB and AB are to have nothing per their writ, and are in mercy for false claim and because plaintiffs Adam and Alice W. ought to have been supported (sequantur).
Pleading: And upon this TO says versus Adam and Alice W. who have supposed that he laid waste to the aforesaid property, concerning all things but 100 of the aforesaid 3,000 oak trees, that he did not destroy or sell anything and so puts himself upon the country, and Adam W. with Alice W. put themselves likewise. Concerning the remaining 100 oak trees TO says that in the aforesaid vill of Early Bartholomew (Berkshire) he had a certain weir-boat ('gurges batella' - also possibly meaning fish-weir ) upon the water for fishing and tenements called 'Le Rye & Greyes tenement' pertaining to the aforesaid manor' which were dilapidated and ruinous. Therefore TO felled 100 oak trees and used 60 trees in construction and repair of the weir, 5 trees in construction and repair of the boat, 20 trees in construction and repair of the hall and grange of the tenement called 'Le Rye', and 15 trees in construction and repair of the hall and grange of the tenement called 'Greyes tenement', all of which he had good licence to do.
Pleading: Adam and Alice W. say that TO laid wais to the 100 oak trees as they have claimed, and did not use them in construction and repair.
Pleading: TO says that he did use the aforesaid 100 trees in construction and repair as he has claimed and puts himself upon the country, and Adam W. with Alice W. put themselves likewise. Order to the sheriff of Berkshire to make a jury come in Easter term 1422.
Postea text: [further information taken from CP40/643 rot.107 - Michaelmas term 1421] Further licence to imparl as far as Hilary term 1422.
Postea text: postea - the sheriff of Berkshire returns that the writ reached him too late, and so the case is forwarded as far as Trinity term 1422
Case notes: further information taken from CP40/643 rot.107; further information drawn from CP40/644 rot.104.
Type | Place | Date |
---|---|---|
Release (from Debt/obligation) | England | (initial) 22/01/1422 |
Destruction of Chattels Location of Property |
Early Bartholomew < Berkshire < England |
Court of Common Pleas, CP 40/642, rot. 503
Term: Trinity 1421
County: London
Writ type: Trespass (force and arms)
Damages claimed: £300
Case type: Taking of goods
Pleading: John Destache and Baldwin de Huo, both of Dinant, state that on 18 April 1420, in London, John de Marcato Novo forcibly took and carried away their goods and chattels worth 200m, namely 14 large brass plates weighing ?252lb ('cc et di ii lb'), 21 large brass plates weighing ?277lb ('cc iii quatron ii lb'), 11 large brass plates weighing 105lb, 34 large brass plates weighing ?575lb [unclear], 7 large brass plates weighing ?131lb ('c i quart vi lb'), 92 other plates weighing 226lb, 74 other plates of the same sort weighing ?269lb ('cc di xix lb'), 127 other plates of the same kind, weighing ?284lb ('cc iii quarter ix lb) [the word 'counterfeit' is inserted after this entry], 41 other plates of the same kind [counterfeit again inserted] weighing ?287lb, 39 other plates of the same sort, counterfeit, weighing ?329lb, 43 other plates of the same counterfeit sort weighing ?275lb, 39 other plates of the same counterfeit sort weighing 326lb, 31 other plates of the same counterfeit sort weighing ?289lb, 6 dinant plates weighing ?36lb, 1 large copper plate with 15 smaller plates standing in it, weighing ?231lb, 69 small round bowls weighing 200lb, 52 other round bowls weighing ?181lb, 43 cooking pots ('cacabos') weighing 208lb, 30 cooking pots weighing 127lb, 34 cooking pots weighing ?97lb, 30 cooking pots weighing ?89lb, 32 cooking pots weighing ?97lb, 29 cooking pots weighing ?83lb, 40 cooking pots weighing ?133lb, 39 cooking pots weighing ?145lb, 45 cooking pots weighing ?166lb, 24 cooking pots weighing ?84lb, 26 cooking pots weighing ?75lb, 28 cooking pots weighing ?77lb, 11 skimmers and 19 small bowls called 'small Dinant', 5 lavers called 'pendant lavers' weighing ?81lb, 156 'papilotts' (?) weighing ?96lb, 75 'liecuppis' (?), 2 red cooking pots of 'ix pame' (?), 4 'duss' (?), 3 'frisours' (?) and 16 'frisours'. This was against the peace, and to their damage of £300.
Pleading: John de Marcato Novo granted licence to imparl to octave of Michaelmas, with assent of plaintiffs.
Postea text: 4 further licences to imparl, with assent, to octave of Michaelmas 1422.
Type | Place | Date |
---|---|---|
Taking of Goods | All Hallows the Great < Dowgate Ward < London < England | (initial) 18/04/1420 |