CP40/649: Easter term 1423

Court of Common Pleas, CP 40/649, rot. 085d

Term: Easter 1423
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Robert Pellican states that at Carniprivium (?Septuagesima Sunday [8 February]) 1422, in London (parish and ward omitted), William Brygges bought from him 3 casks of red herrings and two casks of white herrings for 46s 8d, but did not pay, to his damage of £10.

Pleading: WB states that he does not owe this or any money. Ordered to wager his law at Easter five weeks. Compurgators named.

Court of Common Pleas, CP 40/649, rot. 106d

Term: Easter 1423
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods

Pleading: John and Agnes Gladewyn state that Thomas Vale, in his lifetime, was seised of two strong boxes, and the charters within, by right and inheritance of Agnes, and on his death, the locked boxes, with contents were delivered to the executors, on 29 April 1418. The plaintiffs have asked for their return, but the executors refuse, to their damage of £200.

Pleading: The executors do not deny the charge, but say they have always been prepared to deliver the boxes, and offer to deliver them in court, which they do. Therefore the plaintiffs recover the boxes without damages, and the executors are not amerced, as they came on the first day.

Court of Common Pleas, CP 40/649, rot. 108

Term: Easter 1423
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: John Michell states that Peter Fetplace and John Warde took one bull, 10 oxen and 12 cows from him from a place called 'Letys' in Denham on 18 July 1422, to his damage of £20.

Pleading: PF granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/649, rot. 108d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: William, son of Thomas de la Pole states that on 12 December 1421, William Trussell made bond with him in £40, but did not pay, to his damage of £40. He shows the bond in court.

Pleading: WT granted licence to imparl until quindene of Trinity.

Court of Common Pleas, CP 40/649, rot. 109

Term: Easter 1423
County: Surrey
Writ type: Trespass (against statute)
Damages claimed: £200
Damages awarded: 60s
Case type: Contract (general); Real action / rents / damage to real estate

Pleading: The Prior of Lewes states that on 20 September 1403, John Oke, former Prior of Lewes, demised to Simon Berde 13 shops in Southwark for a term of 30 years. However, he has wasted this property, allowing the shops, each worth 100s, to stand unroofed, and the walls and timbers have rotted. He also cut down trees in the gardens, namely 4 pearmains called 'warden' trees worth 20s each, 1 pear called 'Jonat' (gennet) pears worth 20s, one pear called 'Sanon' worth 20s, 1 pear called 'Saunspere' worth 20s, one pear called 'chaysell' (Chaxhill) worth 20s, two apple trees called 'costard' trees worth 13s 4d each, one apple tree called 'Queen apple' worth 13s 4d, nine plum trees called 'damson trees' worth 20d each, and two nut trees called 'Walshenottres', worth 13s 4d each. This is against an ordinance of the king's council against waste, damage or sale of demised property, and to his damage of £200.

Pleading: SB denies this claim, with exception that he did cut down one pearmain and two plum trees. Both parties on country. And regarding the pearmain and plum trees, SB claims that they were not worth what the Prior claimed, as they were dead, and the wood was no use for building.

Pleading: The Prior refuses to withdraw his charge regarding these trees, stating they were healthy and bearing leaves and fruit at the time.

Pleading: SB again says that the trees were dead. Both parties on the country. Sheriff to have jury here at the quindene of Trinity, and meanwhile he should get the jurors to view the waste to the houses.

Postea text: Process continued, jurors in respite until the octave of Martinmas 1423. Jurors say that SB made waste of the 13 shops as claimed by the Prior, 3s 4d on each shop, along with 6s 8d for each of two pearmains, one pear called 'Jonettre' worth 16d and 2 plums worth 12d each.

Court of Common Pleas, CP 40/649, rot. 110d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £50
Case type: Bond

Pleading: Gilbert and Isabel Melton state that on 7 May 1417, John Assheburnam made bond with Isabel, when a single woman, in 50m, but did not pay, to their damage of £50. They demand that the defendants, along with Robert Redyng of Boreham, Sussex, gent, co-executor, pay this.

Pleading: John Halle and Robert Yerd deny the charge. RY, citing the Statute of Additions of 1413 requiring all writs to include the correct place of residence of defendants, states that at the time of the original writ he was staying at Denton in Kent and not in 'Wyslyngham', as claimed in the writ.

Pleading: The Meltons say that they cannot deny this, and seek licence to secure a better writ. This is granted. Ordered that Meltons shall take nothing for their writ, but are amerced mercy for false claim. Executors shall go without day.

Case notes: See also related case on CP 40/646, rot 119. Case restarted, presumably under a new writ, on CP 40/650, rot 393d.

Court of Common Pleas, CP 40/649, rot. 110d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: []
Case type: Bond

Pleading: William Pepir states that Henry Trevenour made bond with him on 20 December 1420 in £13, payable to Pepir [entry incomplete].

Court of Common Pleas, CP 40/649, rot. 112

Term: Easter 1423
County: Gloucestershire
Writ type: Fraud
Damages claimed: -
Case type: Bond; Contract (general); Taking of goods

Pleading: Defendants amerced for many defaults. John Doughton states that he was robbed at Burnham, Buckinghamshire, of certain linen cloth belonging to Henry Northcote, which he was carrying between London and Cirencester. HN and Rokewode, not knowing where the robbers were but seeking to defraud and deceive Doughton, went from Cirencester to London to find and take the robbers, then returned, falsely claiming that the robbers were taken and in the king's prison, and offering to prosecute JD's case against them if he paid their expenses. In surety of this he made a bond, at Cirencester, for £40 with HN and Thomas Fauconer, but since then he has suffered such threats of suits and actions from them in various London courts as a result of this bond that he has been unable to prosecute his original case, for which they claim expenses despite never actually doing anything.

Pleading: Day given at octave of Trinity.

Postea text: 4 posteas, to octave of Michaelmas 1424.

Court of Common Pleas, CP 40/649, rot. 114d

Term: Easter 1423
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Safe keeping

Pleading: William Germayn states that on 22 February 1423, he delivered a chest and documents to John Vyncent, but when asked to return them he refused, to his damage of £200.

Pleading: JV offers the chest in court, saying he is prepared to deliver it to whoever the court orders, but says that it was delivered to him by WG and Thomas Ilderton, esquire, to be delivered to both or either of them under certain conditions. TI also made other conditions, but he does not know what these conditions were. He asks that TI be given notice. Sheriff ordered to summon TI to be here at the octave of Trinity, to show any cause why the chest should not be delivered to WG.

Postea text: 2 posteas, nothing to attach, to morrow of Martinmas 1423

Court of Common Pleas, CP 40/649, rot. 122

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: Robert and Joan Arneburgh state that on 20 January 1420, in London [ward and parish omitted], John Sumpter made bond in £100 with Joan, as a single woman by name of Joan Aspall, but did not pay, to their damage of £200. they show the bond in court.

Pleading: JS granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/649, rot. 124

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Simon Eyr states that on 16 December 1419, Peter Paule made bond with him in 6 marks, but did not pay, to his damage of £10. He shows the bond in court.

Pleading: PP states that he should not be held to the bond, as it was made under duress while he was imprisoned by Eyr and his associates at Huntingdon.

Pleading: SE denies this, stating that PP was not imprisoned, and made the bond freely and not under duress. Both parties seek enquiry on the country. Sheriff of Huntingdonshire to have jury of Huntingdon here at octave of Trinity.

Court of Common Pleas, CP 40/649, rot. 128

Term: Easter 1423
County: Middlesex
Writ type: Debt (loan)
Damages claimed: £100
Case type: Loan

Pleading: Richard Ketford says that Robert Arneburwe borrowed £40 from him on 11 August 1421, but did not re-pay this, to his damage of £100.

Pleading: RA states that he does not owe this or any money to RK. Wagers his law. RK in mercy for false claim, RA sent without day.

Court of Common Pleas, CP 40/649, rot. 130

Term: Easter 1423
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Thomas Feriby states that John Swynfen, on 13 November 1421, accounted in Southwark before John Mordon and John Pokelyngton, auditors assigned by TF, for money received by him, and was found to be in arrears by 100s. He has not paid, to his damage of £10.

Pleading: JS granted licence to imparl to octave of Trinity, with assent of TF.

Postea text: Further licence, to octave of Michaelmas.

Court of Common Pleas, CP 40/649, rot. 185

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Walter Charlton states that on 27 May 1417, John Skarlet made bond with him in £40, but did not pay, to his damage of £20. He shows the bond in court.

Pleading: JS states that the bond was not of his making. Both parties on the country. Sheriff to have jury here at the quindene of Trinity. Bond remains in the custody of Robert Darcy, chief clerk of the bench.

Court of Common Pleas, CP 40/649, rot. 185d

Term: Easter 1423
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Imprisonment

Pleading: Nicholas Gylle states that William Goldsmith, with John Tolyngton, John Gernon and Thomas Corbet, assaulted him on 24 November 1422, in the king's palace of Westminster, and then imprisoned him for 3 days, to his damage of £20.

Pleading: WG denies responsibility. Both parties on the country. Sheriff to have jury here at quindene of Trinity.

Postea text: Sheriff did not send writ, sicut prius to quindene of Michaelmas.

Court of Common Pleas, CP 40/649, rot. 206d

Term: Easter 1423
County: Kent
Writ type: Debt (bond); Debt (loan)
Damages claimed: £10
Case type: Bond; Imprisonment; Loan

Pleading: John Denys states that on 13 December 1419, Robert Rande made a bond with him in 5m, and on 14 October 1421, at Eltham, he also borrowed another 20s. However, he has not paid these sums, to his damage of £10. JD shows the bond in court.

Pleading: Regarding the 20s loan, RR states that he does not owe this or any money as claimed. Both parties on the country. Regarding the bond, he states that he should not owe this, as he made it under duress while imprisoned by Denys and his associates at Eltham.

Pleading: JD states that RR was not imprisoned at the time of the bond, but made it freely and not under duress. Both parties seek enquiry on the country. Sheriff to have jury here at the quindene of Trinity.

Court of Common Pleas, CP 40/649, rot. 305

Term: Easter 1423
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: Roger Croxton states that he retained Richard Smyth as a smith on 22 September 1422, for a whole year, but on the Sunday after Easter [11 April] 1423 he left this service without reasonable cause, in breach of the statute, in contempt of King and to his damage of £10.

Pleading: RS states that he was only retained until Easter, and served Croxton faithfully for that period.

Pleading: RC denies this claim, repeating that RS had been retained until Michaelmas. Both parties place themselves on the country. Sheriff to have jury here at the octave of Trinity. Pledges named.

Postea text: RC did not prosecute his suit, he and pledges in mercy.

Court of Common Pleas, CP 40/649, rot. 307d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Alexander Farnell states that on 7 July 1412, John Blount made bond with him in £7 10s 8d, but did not pay, to his damage of £10. He demands that the defendants, together with John Chyltern, another co-executor of Blount, pay this sum. He shows the bond in court.

Pleading: Edward and Elizabeth Dauntesey state that the goods of Blount had been fully administered long before the date of AF's original writ.

Pleading: Farnell refuses to withdraw, stating that on the day of the original writ [date omitted] 1 H VI, the defendants still had goods formerly of Blount in their hands sufficient to settle his debt, namely [rest omitted]. [A note at the foot of the rotulet, probably relating to this case, states that the parties were given day at the octave of Trinity.]

Court of Common Pleas, CP 40/649, rot. 308

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Saykyn states that Robert Crakenthorp, on 27 November 1421, made two bonds with him, one in £4 payable at the quindene of Easter next, and another in £3 19s, payable at the Nativity of St John the Baptist next. However, he did not pay either, to his damage of £10.

Pleading: RC granted licence to imparl to octave of Trinity.

Postea text: Further licence, to octave of Michaelmas.

Court of Common Pleas, CP 40/649, rot. 310d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: £400
Case type: Bond

Pleading: Robert Brut states that on 20 February 1421, John Skidmore made bond with him in 500m, payable at Easter next, but did not pay, to his damage of £400. He shows the bond in court.

Pleading: JS granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/649, rot. 312

Term: Easter 1423
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Real action / rents / damage to real estate

Pleading: John Martyn states that he held a water mill in Faversham, and he and all other holders of this mill have always had access to a certain watercourse in the town which ran the mill. However, on 10 November 1421, Thomas Fauconer, with Robert Fen, William Bregges and John Eston, forcibly broke a section of the watercourse and built a new bank, diverting half of the water from its rightful course from that day until 7 December 1422, thus leading to the mill milling less that 6 quarters of grain each day instead of the 20 quarters it used to mill, and losing Martyn the greater part of his profits, to his damage of £40.

Pleading: TF says that at the time of the alleged trespass the land where the bank was supposedly broken and built anew was the free tenement of himself, Philippa his wife, John Barton, senior, John Darell and Roger Twysden.

Pleading: JM states that at the time of the trespass the land was the free tenement of the Abbot of Faversham's men and tenants, and the residents of Faversham had rights of common, and was not the property of Fauconer, as he alleges.

Pleading: TF repeats that the land was his free tenement at the time of the alleged trespass. Both parties on the country. Sheriff to have jury here at the quindene of Trinity.

Postea text: Sheriff said writ came too late, sicut prius, to quindene of Michaelmas.

Court of Common Pleas, CP 40/649, rot. 314d

Term: Easter 1423
County: London
Writ type: Debt (other)
Damages claimed: £10
Case type: Debt; Real action / rents / damage to real estate

Pleading: Henry Jolipace and John Reynold, executors of Thomas Kyng, state that TK was seised by right of his chantry of an annual rent of 50s from Edward Thebbot, former rector of Peldon, payable in London in the parish of St Faith, Farringdon Within ward, in equal parts at the octaves of Michaelmas and Easter. However, John Saxy has now refused to pay it, and was in arrears by 2½ years during the life of Kyng, amounting to £6 5s. He has refused to pay TK or his executors, to their damage of £10. They show the will of TK in court, by which they are made executors.

Pleading: JS granted licence to imparl to quindene of Trinity, with assent of plaintiffs.

Court of Common Pleas, CP 40/649, rot. 319d

Term: Easter 1423
County: London
Writ type: Debt (loan); Debt (other)
Damages claimed: £40
Case type: Loan; Real action / rents / damage to real estate

Pleading: Robert Popyngeay, executor of Katherine Lardener, states that KL, in London on 23 September 1420, demised to Warner a messuage with appurtenances in King's Lynn, from that Michaelmas for two years, rendering 10m per year, and he held this for two years, but did not pay this rent, and was in arrears by 20m. Also, on the same day, he borrowed another 20m from her, but did not pay any of this, to her damage of £40.

Pleading: JW granted licence to imparl to quindene of Trinity, with assent of plaintiff.

Postea text: Further licence to imparl, to quindene of Michaelmas.

Court of Common Pleas, CP 40/649, rot. 320

Term: Easter 1423
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: The executors of John Baude, son of Avice Morewelle, state that Peter Payn made bond in 20m with JB and AM, formerly wife of Thomas Morewelle, knight, and Walter Bawede, her son, on 28 March 1402 at Little Hadham, but neither PP nor his executors have paid them in their lifetimes, nor John after the deaths of Avice and Walter, or the executors after the death of John, to their damage of £20. They show the bond in court, and the will of Baude appointing them as executors.

Pleading: The executors of PP state that the bond was not made of PP the testator. Both parties on the country. Sheriff to have jury here at quindene of Trinity. Bond to remain in the custody of Robert Darcy, chief clerk of the king.

Postea text: Defendants come, plaintiffs do not prosecute their writ. Plaintiffs and pledges amerced, defendants sent without day. Bond returned to the attorney of the executors of John Baude.

Court of Common Pleas, CP 40/649, rot. 402

Term: Easter 1423
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Richard Hertilpole states that on 21 January 1423 he delivered to John Stodeley for safekeeping a bond, by which John Fulmer of Buckinghamshire was bound to RH, in £20. However, JS refused to return it on request, to his damage of £20.

Pleading: JS hands over the bond to the court, to be delivered as the court decides. He states that the bond was delivered to him by RH and JF, under certain conditions, but he does not know whether these have been met. He asks that JF be forewarned. Sheriff to summon JF to be here at octave of Trinity, to show any cause why the bond should not be restored to RH.

Postea text: Sheriff returns that JF has nothing by which he can be summoned. Shown in court that he has sufficient property in Buckinghamshire. Order to sheriff of Buckinghamshire to have JF here at quindene of Michaelmas as before.

Postea text: Sheriff did not send writ, sicut prius to octave of Hilary.

Court of Common Pleas, CP 40/649, rot. 402

Term: Easter 1423
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: Richard Hertilpole states that on 21 January 1423 he delivered to Richard Banbury for safekeeping a bond, by which John Fulmer of Buckinghamshire was bound to RH, in £20. However, RB refused to return it on request, to his damage of £20.

Pleading: RB hands over the bond to the court, to be delivered as the court decides. He states that the bond was delivered to him by RH and JF, under certain conditions, but he does not know whether these have been met. He asks that JF be forewarned. Sheriff to summon JF to be here at octave of Trinity, to show any cause why the bond should not be restored to RH.

Postea text: Sheriff returns that JF has nothing by which he can be summoned. Shown in court that he has sufficient property in Buckinghamshire. Order to sheriff of Buckinghamshire to have JF here at quindene of Michaelmas as before.

Postea text: Sheriff did not send writ, sicut prius to octave of Hilary.

Court of Common Pleas, CP 40/649, rot. 421d

Term: Easter 1423
County: London
Writ type: Debt (bond)
Damages claimed: 40s
Damages awarded: 6s 8d
Case type: Bond

Pleading: William Warner states that on 30 January 1421, John Grove made bond with him in £3 10s, of which 20s has been paid, but 50s remains unpaid, to his damage of 40s. Shows bond in court.

Pleading: JG granted licence to imparl to quindene of Trinity. Pledges named.

Postea text: JG acknowledges debt. Ordered that Warner recover debt, and damages of 6s 8d. JG is amerced. WW remits the damages.