CP40/655: Michaelmas term 1424

Court of Common Pleas, CP 40/655, rot. 084d

Term: Michaelmas 1424
County: Suffolk
Writ type: Debt (loan); Debt (other); Debt (sale of goods)
Damages claimed: £10
Case type: Contract (service/employment); Loan; Sale of goods

Pleading: John Gardener states that on 1 July 1420, John Belgrave borrowed 20s from him, payable on request, and also bought 8 yards of woollen cloth for 8s, payable at All Saints, and also agreed to transport various goods and chattels for JB from Combs to Coggeshall, at a charge of 12s for this carriage and labour. However, although JG transported these goods, JB has not paid this 40s, to his damage of £10.

Pleading: JB states that he does not owe this 40s, or any money as claimed by JG. Ordered that he wager his law at quindene of Hilary. Pledges of law named.

Court of Common Pleas, CP 40/655, rot. 101

Term: Michaelmas 1424
County: London
Writ type: Detinue
Damages claimed: 40m
Case type: Safe keeping

Pleading: John Gambon states that on 23 November 1423 he delivered to John Bury for safe-keeping a bond in which he was bound to a certain William Germayn and his wife Christina in £200, to be returned on demand, but JB refuses to return it, to his damage of 40m.

Pleading: JB, showing the bond in court and offering to deliver it to whoever the court orders, states that the bond was delivered to him on that day by JG, WG and CG, to be returned under certain conditions, but that he is unaware whether these have been fulfilled by WG and CG. He asks that WG and CG be forewarned. Sheriff to have WG and CG here at Michaelmas one month to show any reason why the bond should not be delivered to JG.

Postea text: Parties come, sheriff says that WG and CG have nothing in his bailiwick, nor are they found. Shown that they have sufficient in Essex. Order to the sheriff of Essex to have them here at octave of Hilary.

Postea text: Parties come, JG does not come (recte WG and CG?), sheriff says that he informed WG and CG by Adam Stour, Andrew Michell, Richard Skilfull and Thomas Ailmer. Therefore ordered that JG recover the bond. JB delivers it to JG in court. JB not amerced, as came on first day, therefore quit.

Court of Common Pleas, CP 40/655, rot. 101d

Term: Michaelmas 1424
County: Surrey
Writ type: Debt (bond)
Case type: Bond

Pleading: Richard Stowell states that on 11 August 1422, Adam Store made bond with him in 5m, but has not paid, to his damage of [omitted]. He shows the bond in court. He says the bond was made at [omitted].

Pleading: AS states that he should not owe this debt, as the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at [omitted].

Case notes: Record of case incomplete.

Court of Common Pleas, CP 40/655, rot. 104

Term: Michaelmas 1424
County: Essex
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Eustave Valdryan states that on 25 April 1418, John Lynford made bond with him in £10 10s 4d, but has not paid, to his damage of 20m. He shows the bond in court.

Pleading: JL states that he should not owe this debt, as by another document, of which he presents the part sealed by EV in court, EV granted that if JL paid him 52s 7d at each of the feasts of Michaelmas 1418, Pentecost and Michaelmas 1419 and Pentecost 1420, then the bond would be quit. And if there be any default in these payment, in full or in part, then the bond shall stand. He states that he paid this sum at these specified feasts, at Runwell, according to the agreement.

Pleading: EV, protesting that JL did not pay him the £7 17s 9d due at the first three of these feasts, states that he did not pay him the 52s 7d due at the final feast of Pentecost specified.

Pleading: JL states that he did pay the 52s 7d due at this last feast of Pentecost, as he claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Martinmas.

Postea text: Process continued, jury in respite to morrow of All Souls 1425. Parties come, jury state that JL did pay the 52s 7d due at the final feast of Pentecost, as required by the agreement, and as he claimed. EV to take nothing for his writ, but amerced for false claim. JL sent without day, quit of debt.

Court of Common Pleas, CP 40/655, rot. 106

Term: Michaelmas 1424
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Henry Fereby, citing the terms of the Statute of Labourers, states that he retained Robert Wyke on Christmas Eve 1423 to serve him as a carpenter for one year, but on 21 January he left his service without reasonable cause and without his permission, in contempt of the king and to his damage of £20.

Pleading: RW granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/655, rot. 106d

Term: Michaelmas 1424
County: London
Writ type: Debt (other)
Damages claimed: £40
Case type: Contract (general); Real action / rents / damage to real estate

Pleading: Robert Bate was summoned to answer Thomas Pulter, John Stokes, Walter Davy and Robert Triage, executors of John Bremore, regarding a debt of £36. TP, JS and WD do not prosecute their writ. And elsewhere it is recorded, namely in Trinity term last past, rot 112, that it was ordered that RT should sue alone. Therefore RT states that at Michaelmas 1416 in St Martin Ludgate, London, John Bremore demised his prebend of Wiggington in the collegiate church of Tamworth to Robert Bate for two years, rendering £18 per year. However, although he held this prebend, RB did not pay this farm, totalling £36, to either JB or his executors, to their damage of £40. He shows the will of JB in court, which appointed Thomas Pulter and John Stokes as his administrators, or, if those two should refuse, Walter Davy and Robert Triage.

Pleading: RB states that the will expressly stated that JB appointed Thomas Pulter and John Stokes as his administrators, or Walter Davy and Robert Triage, if the first two should refuse. He therefore seeks judgment on the writ which supposed that all four were executors in common. After hearing the will, it is ordered that TP, JS, WD and RT take nothing for their writ, but are amerced for false claim. RB sent without day.

Court of Common Pleas, CP 40/655, rot. 110

Term: Michaelmas 1424
County: London
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Debt; Reckoning of account

Pleading: Thomas Rasell states that Thomas Stokker was receiver of his money from Easter 1424 to Michaelmas 1424, and during that time he received £4 10s from Robert Hilton in St Sepulchre's parish, Farringdon Without ward, London, and 15s from John Ludlewe, and £7 12s from John Bailly, all to the use and profit of TR. TS should have rendered reasonable account for this money, but he has failed to do so, to his damage of £20.

Pleading: TS states that the action should not continue, since RH, JL and JB, from whom he was supposed to have received this money, were, before this time, indebted to TR, namely RH in 20s, JL in 15s and JB in £7 12s. TR himself was indebted to TS in £10, and according to the customs of the city of London, creditors who have secured judgment against an insufficient debtor may, after four defaults, recover the sums owed from the creditors of the debtor. He states that on 23 May 1424, in the king's court of London, before Thomas Wandesford, one of the sheriffs of the city, he brought an action against TR for this debt of £10. TR was summoned for 8 June 1424, and he defaulted at three further courts. It was shown in the court that TR was insufficient to pay the debt, and therefore TS secured attachment against RH, JL and JB for the sums they owed to TR, and recovered them. And he was not receiver for TR of sums from these men, as TR claimed.

Pleading: TR, protesting that there was no such custom as claimed by TS, states that TS was his receiver as claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/655, rot. 111

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: 200m
Case type: Bond; Contract (general); Real action / rents / damage to real estate

Pleading: Robert Tentirden amerced for many defaults. John Padyngton, son of Juliana Walden, formerly the wife of Alexander Walden, states that on 17 December 1405, he and his mother granted and demised at farm to RT all their lands, tenements, rents, etc. which they held in Friday Street and Distaff Lane in St Margaret Moses parish, London, and in the parishes of St Michael Bassishaw, St Michael Queenhithe and St Mary Magdalene Milk Street, and elsewhere within the walls of London, with the exception of one tenement called the 'Swan on the Hoope' in Friday Street, held then by Andrew Sywardby, tailor. RT was to hold these for forty years from Christmas next (1405), rendering £10 per year. RT was to make good and sufficient repairs during this period, returning them in good condition at the end of the term. If the farm was in arrears at any term, JP and JW may enter and distrain goods to cover the debt, and if it was in arrears for a year, and there be insufficient goods to distrain, or if RT commit waste in the property and not make amends within a year of that waste, then JP and JW may re-enter the property and recover full satisfaction. And both parties obliged themselves in £100 to hold to the terms of the agreement. RT had this property, but did not pay the annual rent for the 2¼ years up to the date of the original writ, dated 1 December 1423, for which JP sought the £100 owed to him for this default by virtue of the agreement. However, RT has not paid, to his damage of 200m. He shows in court the part of the agreement sealed by RT.

Pleading: RT states that, concerning £4 8s 8d of the 2¼ years of rent, long before the date of the original writ, a certain Adam Kervyle brought a plea of debt in the king's court of London before the former sheriff against JP for £4 8s 8d, for which RT, on the orders of JP, paid to AK £4 8s 8d, as he is prepared to verify. And regarding the remaining £18 16d, he says he was always prepared to make payment, and offers to pay in court. JP receives this £18 16d, and does not deny that RT paid the remaining £4 8s 8d to AK on his orders, as claimed, but accepts this as good. Therefore JP to take nothing for his writ, but amerced for false claim, RT sent without day.

Court of Common Pleas, CP 40/655, rot. 112

Term: Michaelmas 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Damages awarded: 13s 4d
Case type: Sale of goods

Pleading: Richard Coventre states that on 6 July 1421, William Dancastre bought from him certain linen cloth called 'brouncloth', 'rawecloth', 'whiteflemishcloth', 'brabancloth', 'champyn', 'lawne', 'umple', plezaunce' and 'strawburghis', and Parisian scarves ('flammiola de parisia') for £8 7s 1¼d, but has not paid, to his damage of £10.

Pleading: WD states that he does not owe this or any money in the form claimed by RC. Ordered that he wager his law at octave of Martinmas. One pledge named (other omitted).

Postea text: RC came, WD did not come. RC to recover debt, and damages of 13s 4d. WD amerced.

Postea text: WD committed to the Fleet, to stay until etc.

Court of Common Pleas, CP 40/655, rot. 116d

Term: Michaelmas 1424
County: Kent
Writ type: Detinue
Damages claimed: 500m
Case type: Detention of goods; Safe keeping

Pleading: John Spryner of Milton by Gravesend amerced for many defaults. John Soys and Richard Letot state that on 27 March 1424 they delivered to John Spryver of Milton for safe-keeping certain documents, one by which a certain William Baron of Northfleet was bound to them in 200m, and another whereby they were bound to WB in the same 200m. These were to be returned on request, but he now refuses to do so, to their damage of 500m.

Pleading: JS of Milton, showing the bonds in court and offering to deliver them to whoever the court orders, states that the bonds were given to him equally by the plaintiffs and William Baron, to be returned to any of the three under certain conditions. However, he does not know whether these conditions have been implements by WB. He asks that WB be forewarned. Order to the sheriff to inform WB to be here at octave of Martinmas, to show any reason why the documents should not be returned to the plaintiffs.

Postea text: Parties came, sheriff says that he instructed Roger Rye, seneschal of the liberty of the Archbishop of Canterbury, who did nothing. WB ordered to be here at octave of Hilary.

Postea text: Parties came, as did WB. Sheriff sends that he summoned WB by means of John Rous, Thomas Edwyn, Edmund Letot and Thomas Noryng. Plaintiffs seek delivery of the documents. Day given at quindene of Easter.

Postea text: Parties came, sicut prius to octave of Trinity.

Court of Common Pleas, CP 40/655, rot. 117

Term: Michaelmas 1424
Writ type: Other
Damages claimed: -
Case type: Debt

Pleading: John Cornevyle acknowledges in court on 30 November 1424 that he owes £100 to Richard Coventre, payable at the feast of the Purification next. Unless he pays this, he concedes that the sum may be levied from his lands and goods within the city of London.

Court of Common Pleas, CP 40/655, rot. 117d

Term: Michaelmas 1424
County: Kent
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Lewis Dalannsonn states that on 1 December [year omitted] William Debynham made bond with him in £10 13d 4d, but has not paid, to his damage of 20m. He shows the bond in court, sating that it was made at [omitted].

Pleading: WD granted licence to imparl to octave of Hilary.

Postea text: Further licence to imparl, to quindene of Easter 1425

Court of Common Pleas, CP 40/655, rot. 119d

Term: Michaelmas 1424
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods

Pleading: Alice Kynardesley and John and Eleanor Gilbert state that John Cheyham, father of Edward Cheyham, was seised of certain lands in Sutton and Cheam in Surrey, and after his death Edward Cheyham possessed a chest containing documents relating to these lands. After his death, on 13 April 1424 that chest and documents came into the hands of his widow and executrix, Eleanor, while the lands descended to AK and EG, as heirs of JC, namely as daughters of Thomas, brother of Bartholomew, son of Alice, sister of Peter, father of Henry, father of John Cheyham. Therefore they ought to have possession of the chest, but the defendants have refused to hand it over, to their damage of £40.

Pleading: Richard and Eleanor Bright state that they cannot deny the claim, but say that they have always been prepared to hand over the chest to the plaintiffs, and offer to do so in court. The court ask the plaintiffs if they wish to receive it, and they agree. Ordered that the plaintiffs recover the chest and documents. No damages or amercements to the defendants, who were always prepared to hand over the chest, and who came on the first day. Chest delivered, defendants sent without day.

Court of Common Pleas, CP 40/655, rot. 121

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Robert Elys and William Norton state that on 3 February 1423, John Paunton made bond with them in £20, but has not paid, to their damage of £40. He shows the bond in court.

Pleading: JP states that he should not be bound to this debt, as at this time he was imprisoned by RE and WN and their associates in St Mary le Bow, London, and detained there until he made this bond under duress.

Pleading: RE and WN deny this, stating that at the time of the bond JP was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff to have jury here at [omitted]. Pledges named.

Court of Common Pleas, CP 40/655, rot. 123

Term: Michaelmas 1424
County: Yorkshire
Writ type: Debt (other)
Damages claimed: £30
Case type: Real action / rents / damage to real estate

Pleading: John and Ellen Portyngton state that on 2 November 1410, Ellen, while a single woman, demised at farm to William Rosselyn the lands and tenements of Robert Goke, son and heir of John Goke, a minor, in Adlingfleet, Fockerby, Reedness and Ousefleet, which pertained to Ellen, until the full age of the heir, rendering to Ellen 20m annually. He had custody of these lands for 3 years, for which he owes £40, but he is in arrears, to their damage of £30.

Pleading: WR granted licence to imparl to octave of Hilary, with assent of plaintiffs.

Postea text: Further licence to imparl, to quindene of Easter 1425.

Court of Common Pleas, CP 40/655, rot. 127d

Term: Michaelmas 1424
County: Middlesex
Writ type: Detinue
Damages claimed: 100s
Case type: Detention of goods; Safe keeping

Pleading: Thomas Stryker states that on 20 October 1419 he delivered to John Tymberden a certain horse worth 60s for safe-keeping, to be returned on request. However, he has refused to return it, to his damage of 100s.

Pleading: JT denies that he has detained this horse as claimed. Ordered to wager law at quindene of Hilary. Pledges named.

Case notes: Related to CP 40/646 rot 434.

Court of Common Pleas, CP 40/655, rot. 129

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 13s 4d
Costs: 4m
Case type: Bond

Pleading: William Sandsted and William Bysowthe state that on 3 December 1422 Walter Colpyt made bond with them in £24, but has not paid, to their damage of £40. They show the bond in court.

Pleading: WC states that he should not owe this bond, since at the time it was made he was under 21 years of age.

Pleading: WS and WB state that at the time of the bond WC was of full age of 21 years. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary. Pledges named for defendant.

Postea text: Process continued, jury in respite to octave of the Purification, 1425, nisi prius they come before William Babyngton, Chief Justice of the Bench, on the Wednesday after the Purification (7 February 1425) at St Martin le Grand, London.

Postea text: Parties come, justices send record that on 7 February 1425 the parties came before WB and his colleague John Drayton, and some of the jurors came, but others did not come, and some of those who did come were seen as suspicious by the triers. Jury in respite to quindene of Easter, nisi prius Before WB at ST Martin le Grand on 14 February 1425

Postea text: Plaintiffs come, WB sends record that on 14 February 1425, before WB and JD, plaintiffs came, WC did not come, jury find him in default. Jury state that at the time of the bond WC was of full age of 21 years, as plaintiffs claimed. Assign damages of 13s 4d, costs of 4m, and they recover their debt of £24. WC amerced.

Court of Common Pleas, CP 40/655, rot. 193

Term: Michaelmas 1424
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond; Imprisonment

Pleading: John Mitchell states that on 31 May 1423, John Kynge made bond with him in £7, but has not paid, to his damage of 100s. He shows the bond in court.

Pleading: JK states that he should not be bound to this debt, as at this time he was imprisoned by JM and his associates at Abingdon, and detained there until he made this bond under duress.

Pleading: JM denies this, stating that at the time of the bond JK was not imprisoned, and made the bond freely and not under duress. Both parties seek enquiry on the country. Sheriff of Berkshire to have jury here at octave of Hilary. Two pledges named [entry appears to be incomplete].

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

Court of Common Pleas, CP 40/655, rot. 193d

Term: Michaelmas 1424
County: London
Writ type: Detinue
Damages claimed: 100m
Case type: Detention of goods; Safe keeping

Pleading: William White and John Wrangle state that on 16 February 1424 they delivered to John Norton a certain chest for safe-keeping, in which was stored two bonds, the first by which Thomas Elyngham and John Carbonell, now deceased, were bound to them in £40, and another whereby they were bound to TE and JC in £40. However, he now refuses to return this chest, to their damage of 100m.

Pleading: JN presents the chest and bonds in court, and is prepared to deliver them to whoever the court orders. He states that the chest and bonds were delivered to him jointly by all four parties under certain conditions, to be delivered to either pair under those conditions. However, he states that he is unaware as to which of these conditions has been fulfilled on the part of TE. He therefore asks that TE be forewarned, and this is granted. Sheriff to inform TE to be here on the morrow of Martinmas, to show any reason why the chest and bonds should not be delivered to WW and JW.

Court of Common Pleas, CP 40/655, rot. 216

Term: Michaelmas 1424
County: Warwickshire
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £10
Case type: Bond; Sale of goods

Pleading: William Symmes states that on 8 April 1419 Henry Knot made bond with him in £16, and also, on 16 October 1423 he bought from him one bale of woad for £4. However, HK has not paid any of this £20, to his damage of £10. He shows the bond in court.

Pleading: HK appears by attorney. And the mayor and bailiffs of the liberty of the town of Coventry appear by attorney, and seek to have the case brought before them at Coventry in accordance with their liberty, as was done in Michaelmas term 2 Henry VI, rot 499. This is granted, and day is given before them at Coventry on 21 December next. And they are to do swift justice to the parties, or they should return.

Court of Common Pleas, CP 40/655, rot. 246

Term: Michaelmas 1424
County: Warwickshire
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £10
Case type: Bond; Sale of goods

Pleading: William Symmes states that on 10 July 1422 Ralph Abredon made bond with him in £17, and also, on 16 October 1423 he bought from him one bale of woad for £3. However, RA has not paid any of this £20, to his damage of £10. He shows the bond in court.

Pleading: RA appears by attorney. And the mayor and bailiffs of the liberty of the town of Coventry appear by attorney, and seek to have the case brought before them at Coventry in accordance with their liberty, as was done in Michaelmas term 2 Henry VI, rot 499. This is granted, and day is given before them at Coventry on 21 December next. And they are to do swift justice to the parties, or they should return.

Court of Common Pleas, CP 40/655, rot. 301

Term: Michaelmas 1424
Writ type: Debt (other)
Damages claimed: []
Case type: Debt

Pleading: Copy of a writ to the justices, dated 12 October 1424, ordering them to enquire whether John Duk of Forde, Wiltshire is the same person as John Duk of Wiltshire, alias John Duk of Buckland in the New Forest, Hampshire, outlawed in the court of Hustings for non-appearance in a case of debt brought by Joan Cok of London, jeweller. JD came into court, and sought a writ to the sheriff of London to make inquiry, but the sergeants and William Babthorp, king's attorney, say he should not have this. And they say that JD of Forde is the same man outlawed in the Husting at the suit of JC, and that he should be placed in the Fleet.

Pleading: JD of Forde states that he is not the person outlawed. He and WB place themselves on the country. Sheriff of London to have jury of London here at morrow of All Souls

Postea text: Jury placed in respite to octave of Martinmas nisi prius they come before William Babyngton at St Martin le Grand, London, on 9 November 1424. On which day came JD of Forde, WB sent record that on 9 November JD of Forde came before him and John Drayton, and the jury said that JD of Forde was not the man outlawed, but that John Duk of Buckland is the same as the JD of Wiltshire outlawed in that case, and that JD of Forde and JD of Buckland are not the same person. Ordered that JD of Forde not be further troubled in this case, and that JD of Buckland be taken for his outlawry.

Case notes: No county heading given.

Court of Common Pleas, CP 40/655, rot. 304

Term: Michaelmas 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Taking of goods

Pleading: Thomas Kirkeby, executor of Thomas Crouche, states that on 16 May 1415, William Aungier forcibly took goods and chattels worth 40s, namely one bed covering, a pair of sheets, two blankets, one gown of white russet, a black hood and other linen and woollen cloth, two bronze jars (eneas), a bronze plate (eneam), a gridiron, an iron dish called a 'frying pan', one iron tripod, an iron flesh-hook, a bronze scummer (ladle) and a table called a 'counter', and 10s in cash, formerly of TC and in the custody of TK. This was against the peace, has delayed the executry of the will, and to his damage of £10.

Pleading: WA, protesting that on the day of the original writ he was skilled in the law and not a husbandman, states that he is not responsible for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/655, rot. 312

Term: Michaelmas 1424
County: London
Writ type: Trespass (against statute)
Damages claimed: £40
Case type: Breach of Statute; Maintenance

Pleading: Peter atte Vyne states that on 2 October 1422, William Ferrour, William Coleman, Ralph Bukberde, Geoffrey Bokeler, Roger Olmesley, Henry Mace and Thomas Hoxon contravened the statute against maintenance, regarding an assize of novel disseisin brought by him in the Guildhall in London before Richard Gosselyn and William Weston, then sheriffs of London, against John Rede, master of St Thomas's Hospital, Southwark, William Giles, parson of St Margaret Pattens, John Seuare, Walter Rideler, John Wilden, John Derlyngton, Thomas Colman and Peter Wellys concerning 12 messuages and appurtenances in the parish of St Margaret Pattens, London. He claims that they made this agreement in exchange for part of the messuages and other profits [details omitted from pleading], against the form of the statute and to his damage of £40.

Pleading: The defendants deny that neither they nor any one of them maintained this suit as claimed. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/655, rot. 312d

Term: Michaelmas 1424
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John Deneman states that on 7 December 1421, Richard Clerk made a bond with him in the Staple of Westminster in £40 for merchandise bought at the Westminster Staple, but he has not paid, to his damage of £40. He shows the bond in court.

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

Postea text: Further licence to imparl, to quindene of Easter 1425.

Court of Common Pleas, CP 40/655, rot. 313d

Term: Michaelmas 1424
County: Middlesex
Writ type: Account
Damages claimed: £40
Case type: Contract (service/employment); Reckoning of account

Pleading: Robert Best states that Thomas Bailly was his receiver of money between 12 October and 15 October 1421, and during that time received to the profit of RB £34 13s 4d from John Coventre at Westminster. However, he has not rendered reasonable account for this money, to his damage of £40.

Pleading: TB states that he never served as receiver for RB in the manner and for the period claimed by RB. Both parties place themselves upon the country. Sheriff to have jury here at quindene of Martinmas.

Court of Common Pleas, CP 40/655, rot. 315d

Term: Michaelmas 1424
County: London
Writ type: Fraud
Damages claimed: []
Case type: Contract (general); Sale of goods

Pleading: Jurors in case between Roger Benyngton and Alexander de Ferrentinis, Lombard, on plea that AF fraudulently sold two pipes of Gascon wine to RB in St Mildred's parish, Cheap ward, guaranteeing them to be good when he knew them to be bad, placed in respite to quindene of Martinmas nisi prius they come before William Babyngton, chief justice, at St Martin le Grand on 24 November 1424, as jury did not come.

Court of Common Pleas, CP 40/655, rot. 316

Term: Michaelmas 1424
County: London
Writ type: Debt (other)
Damages claimed: []
Case type: Debt

Pleading: Pleading between Joan, formerly wife of William Grantham, Walter Davy and Willaim Harlyngregge, executors of William Grantham, and John and Joan Kent, administrators of the goods formerly of Richard Pavy, concerning a plea that John and Joan Kent render £31 13s 6d which they unjustly detain remains without day, since John K is in the king's service in the company of Humphrey, Duke of Gloucester, Captain of Guines Castle in Picardy, and has letters of protection from 15 January 1424 for one year.

Court of Common Pleas, CP 40/655, rot. 318

Term: Michaelmas 1424
County: London
Writ type: Detinue
Damages claimed: £300
Case type: Detention of goods; Safe keeping

Pleading: Guy Terry states that on 10 August 1416, in London, he delivered to Edward Grymston, before he became a monk, a certain bond in which it was recorded that a certain Nicholas Kynbell was bound to him in £200, for safe-keeping, to be returned on request. However, EG did not return it while a layman, and neither he nor his prior have returned it after he became a monk, to his damage of £300.

Pleading: The prior and EG, presenting the bond in court, to be delivered as the court order, state that the bond was delivered to EG jointly by GT and NK (who is now dead), to be returned under certain conditions. However, whether these conditions have been fulfilled on the part of NK they do not know, and ask that John Mapperdessale, John Stanford and William Campyon, executors of NK, be forewarned. Since GT agrees that NK is dead, order to the sheriff to warn the executors to be here at the quindene of Martinmas to show any reason why the bond should not be delivered to GT.

Postea text: Parties come by attorneys, sheriff sends that the executors have nothing in his bailiwick by which they can be warned. It is shown in court that they have sufficient in Bedfordshire, so order to the sheriff of Bedfordshire to warn then to be here at the quindene of Hilary 1425.

Postea text: Writ arrived too late, to quindene of Easter 1425.

Postea text: 2 posteas, sheriff did not send writ, to octave of Michaelmas 1425.

Case notes: For two related cases, see also CP 40/645, rot 381, and CP 40/666, rot 106.

Court of Common Pleas, CP 40/655, rot. 319

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: £60
Damages awarded: 33s 4d
Costs: 33s 4d
Case type: Bond; Imprisonment

Pleading: Stephen Turnabone, Marcus Spyvelyn, Alexander Ferentyn and Godfrey de Foy state that on 16 January 1422, John Wykes made bond with them in £40, but he has not paid, to their damage of £60. They show the bond in court.

Pleading: JW states that he should not be bound to this debt, as at this time he was imprisoned by the plaintiffs and their associates in Norwich, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond JW was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Norwich to have jury of the city of Norwich here at octave of Hilary. Pledges named.

Postea text: Process continued, jurors in respite to octave of Trinity 1425. Plaintiffs come, JW does not come. In default, jurors in respite to quindene of Michaelmas, nisi prius they come before William Babyngton, chief justice, on 21 July 1425 at the Guildhall in Norwich.

Postea text: Process continued, jurors in respite to quindene of Michaelmas 1425, nisi prius they come before WB on 21 July 1425 at the Guildhall in Norwich. Plaintiffs came, WB sent record that on that day before him and John Drayton the plaintiffs came, and the jury state that at the time of the bond JW was at large and not imprisoned, and made the bond freely and not under duress. Damages assigned at 20s, and costs of 20s. Plaintiffs ask that justices increase the damages and costs, and they increase these by 13s 4d. Plaintiffs to recover the debt of £40, the 40s damages and costs awarded by the jury, and the 13s 4d increase awarded by the court, being 5m in total. JW amerced.

Court of Common Pleas, CP 40/655, rot. 319d

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: £50
Case type: Bond; Imprisonment

Pleading: Emma, formerly wife of Thomas de Raghton, states that on 1 September 1415, William de Stapilton made a bond with her and her former husband in 40m, payable in four instalments, but has not paid, to her damage of £50. She shows the bond in court.

Pleading: WS states that he should not be bound to this debt, as at this time he was imprisoned by TR at Haltwhistle, Cumberland [sic, recte Northumberland?], and detained there until he made this bond under duress.

Pleading: ER denies this, stating that at the time of the bond WS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Cumberland [entry incomplete].

Court of Common Pleas, CP 40/655, rot. 321

Term: Michaelmas 1424
County: Kent
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Trespass (chattels)

Pleading: John Cokayn, John Burgh, William Cambrugge, John Perveys, John Welles, William Symmes, William Botiller and John atte Welle state that on 8 June 1424 Lawrence Drayton arrested 50 carts of timber belonging to them at Nettlestead without just cause, and detained them for a month, against the laws and customs of England, against the peace and to their damage of £100.

Pleading: LD denies force and arms. Both parties place themselves on the country. Concerning the rest, LD states that the case should not be maintained, since a certain Reginald Pympe was formerly seised of a park in Nettlestead called 'Overheldespark', from where this timber came, and he granted all the timber in this park to a certain Robert Halle. This RH then, on 1 May 1424, granted this to RP for one year, and RP then granted this to LD. However, RH, pretending that he never made this grant to RP, then sold this timber to the plaintiffs, who came and cut down the trees. LD therefore arrested the timber, to prevent them taking it away.

Pleading: The plaintiffs, knowing nothing of what LD says, state that RP was seised of this park, and granted the wood to RH as LD claimed. However, they say that after this gift, and before any gift to RP, RH gave them this wood, which they cut down. However, LD then arrested the wood without reasonable cause, and detained it against the peace.

Pleading: LD, knowing nothing of what the plaintiffs claim, states that before the aforesaid gift to RP, RH made a gift to the plaintiffs of other trees from those they cut down, and did not grant them the same trees as were granted to him.

Pleading: The plaintiffs state that RH, before the gift to RP, gave to them the trees from which the timber was cut, as they alleged. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/655, rot. 337

Term: Michaelmas 1424
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Thomas Beneyt states that on 17 May 1405 Simon Roteland made bond with him, Richard Palmer and Adam Pollard (now deceased) in 8m, but he has not paid, to his damage of £20. He shows the bond in court.

Pleading: SR granted licence to imparl to octave of Hilary.

Postea text: 2 further licences to imparl, to octave of Trinity 1425.

Court of Common Pleas, CP 40/655, rot. 339

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Arbitration; Bond; Detention of goods

Pleading: Walter Cherteseye and Ralph Valentyn state that on 1 April 1423 John Vigerus made bond with them in £20, but has not paid, to their damage of £100. They show the bond in court.

Pleading: JV states that he ought not be bound by this document. He states that following various quarrels between himself and John Milkesop regarding a certain mast and rope which JM accused him of detaining from him, and in order to resolve these, by the mediation of WC and RV, he entered this bond with them on that day, on the condition that if within two years it could be shown that JM had delivered this mast and rope to JV from London to Gravesend or East Greenwich, then the bond should have no effect. And he states that he is a man of little learning, and that the bond was read to him as being made under these conditions, and he, believing it to be made under these conditions, sealed it. Therefore he states the bond not containing these simple conditions was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Bond to remain in custody of Robert Darcy, king's clerk, for safe-keeping.

Court of Common Pleas, CP 40/655, rot. 343

Term: Michaelmas 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: William Misterton states that on 31 October 1407 John Monk, Prior of the Friars Preachers (Black Friars) of London, bought from John Cheseman certain fuel, namely a thousand faggots, 500 'tosards', 900 'bavins', 2000 'talwoods', and 900 'longewodes', for £20, but he did not pay JC during his life, and has not paid WM after JC's death, to his damage of 20m. He shows in court the will of JC, by which he has executry and administration.

Pleading: JM states that he has not detained this £20, or any money as claimed by WM. Ordered to wager his law at octave of Martinmas. Pledges named.

Postea text: WM came, JM made essoin, to quindene of Hilary.

Postea text: JM came, WM did not prosecute his writ. He and pledges to prosecute amerced. WM and pledges sent without day.

Court of Common Pleas, CP 40/655, rot. 343d

Term: Michaelmas 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Wetenhale states that on 14 December 1416 Simon Baker bought from him two bales of woad for £4, but has not paid, to his damage of 40s.

Pleading: SB states that he does not owe this or any money as claimed by WW. Ordered to wager his law at octave of Hilary. Pledges named.

Postea text: WW came, SB made essoin, to quindene of Easter.

Postea text: SB came, WW did not prosecute his writ. WW and pledges to prosecute amerced, SB and pledges sent without day.

Court of Common Pleas, CP 40/655, rot. 354d

Term: Michaelmas 1424
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: William Debenham states that on 20 March 1418 John Wyndesore bought from him ten timbers (40 skins) of cristigrey for 40s, but he has not paid, to his damage of 40s.

Pleading: JW states that he does not owe Wd this or any money as claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Postea text: 2 posteas, sheriff did not send writ, to octave of Michaelmas 1425.

Court of Common Pleas, CP 40/655, rot. 455

Term: Michaelmas 1424
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction; Housebreaking

Pleading: William Swanlond states that on 24 August 1424 William Monk broke his close and house at Harefield and abducted Margery atte Noke, his villein and servant, so that he was deprived of her service for 3 weeks, against the peace and to his damage of £20.

Pleading: WM denies responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Postea text: Sheriff did not send writ, sicut prius to octave of the Purification. At which date parties came, jury placed in respite to Easter 3 weeks.

Postea text: Ws came, WM did not come. WM in default, jury in respite to Easter 5 weeks by the justices.

Court of Common Pleas, CP 40/655, rot. 455

Term: Michaelmas 1424
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: William Marowe states that on 14 July 1409 John Dagenet made bond with him in £6 19s 2d. He acknowledges that JD has paid him 5s 10d, but he has not paid the remaining 10m, to his damage of 10m. He shows the bond in court.

Pleading: JD states that he should not owe this debt, as this bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Bond placed in the custody of Robert Darcy, chief clerk of the Bench, for safe-keeping. JD appoints Adam Stoure as his attorney.

Court of Common Pleas, CP 40/655, rot. 491

Term: Michaelmas 1424
County: Essex
Writ type: Detinue
Damages claimed: 40s
Case type: Detention of goods; Sale of goods

Pleading: Henry Hornyngtoft states that on 31 October 1421 he bought from William Raulyn 20 quarters of oats, to be delivered to him on 6 December 1421, but he has not received these, to his damage of 40s.

Pleading: WR states that he has not detained these oats or any part of them from HH, as he claims. He wagers his law. HH to take nothing for his writ, and is amerced for false claim. WR sent without day.

Court of Common Pleas, CP 40/655, rot. 498

Term: Michaelmas 1424
County: Yorkshire
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: John Ardeslawe, executor of William Mirfeld, states that on 19 June 1413 he delivered to Richard Norton, now deceased, a sealed bag containing various charters and other documents for safe-keeping, to be returned on request. However, neither RN nor his executors have returned this bag, to his damage of £40.

Pleading: Roger Crome and Richard Weltden in person, and Thomas Hode, John Pygot, John Thrysk and Robert Parcyvall by the same Richard Weltden, their attorney, state that they cannot deny the action of the plaintiff, but say that on many occasions since the death of TN they have been prepared to return the bag to JA, and are prepared to do so in court. Order that JA recover the bag from the executors. Executors not amerced, as they came on the first day. Bag and charters delivered to JA, executors are quit.

Court of Common Pleas, CP 40/655, rot. 547

Term: Michaelmas 1424
County: London
Writ type: Debt (other)
Damages claimed: 5m
Case type: Arbitration; Debt

Pleading: Robert Trafford states that on 31 July 1421, he and Richard Smalbon placed themselves in arbitration before John Luddewyke and William West concerning all trespasses and other quarrels existing between them. Having heard the details, the arbitrators stated that on account of these matters RS should pay RT 5m, but he has not paid, to his damage of 5m.

Pleading: RS states that he does not owe RT this or any money as claimed. Ordered to wager his law at octave of Hilary. Pledges of law named.

Court of Common Pleas, CP 40/655, rot. 547d

Term: Michaelmas 1424
County: London
Writ type: Trespass (against statute)
Damages claimed: 20m
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Stannerne, citing the terms of the Statute of Labourers, states that on 3 July 1421, he retained James Gras to serve him as a chandler from 1 August next for one year, but that on 25 June 1422 he left without reasonable cause or permission, in contempt of the king and to his damage of 20m.

Pleading: JG states that he was never retained by JS to serve him as he claims. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/655, rot. 564d

Term: Michaelmas 1424
County: Hertfordshire
Writ type: Debt (other)
Damages claimed: 20m
Case type: Debt; Real action / rents / damage to real estate

Pleading: John Kempe, bishop of London, states that on 6 September 1423, at Much Hadham, he demised to William Newes all his lands in his manor of Much Hadham, except 20 acres of meadow, to hold from Michaelmas next for 5 years, at a rent of £22 per year, payable at Easter and Michaelmas. However, although WN has had possession of these lands, he has not paid the £11 due at Easter 1424, to his damage of 20m.

Pleading: WN states that he does not owe this £11, or any money as claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

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

Court of Common Pleas, CP 40/655, rot. 565

Term: Michaelmas 1424
County: London
Writ type: Debt (account); Debt (bond)
Damages claimed: £40
Case type: Bond; Reckoning of account

Pleading: Robert Tendirden states that on 20 July 1415 Thomas West made bond with him in £20, and also, on 2 August 1415, he accounted with him before John Whyte and John Hechyngham, auditors, regarding the period when he acted as receiver for RT, and was found to be in arrears by 34s. However, TW did not pay this total of £21 14s, and nor have his administrators, William Pakyn and William Barbour, who now detain this sum, to his damage of £40. He shows the bond in court.

Pleading: WP and WB, administrators, granted licence to imparl to octave of Hilary.

Postea text: 2 further licences to imparl, to octave of Trinity 1425.

Court of Common Pleas, CP 40/655, rot. 619

Term: Michaelmas 1424
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking

Pleading: The plaintiffs, Margaret Phelypot, John and Thomasine Boys, John and Agnes Whatton, Thomas and Anne Byflet, Margaret Seynt Germayn, Thomasine Seynt Germayn and John Gray, state that on 26 March 1423, William Brounyng forcibly broke into their house in London, against the peace and to their damage of £40.

Pleading: WB denies force and arms. Both parties place themselves on the country. And regarding the housebreaking, the plaintiffs should not maintain their action, since he states that Simon Dollesley formerly held a messuage with appurtenances of which this house was part, and in accordance with the custom of the city [recited in detail], SD, in his will enrolled in the Hustings on 30 January 1363, stated that this property and others was to pass to his widow, Joan, for her life, and then to Joan Gysors, daughter of John Gysors, then heir apparent of SD, with remainder to the heirs of her body. And if she should die without heirs, then the property was to be sold, and the money distributed to charity for the good of his soul. SD, JD and John G all died, and Joan G also died without heirs, and Katherine Stable, Richard Osbern and John Arnold, executors of Thomas Stable, executor of John Frankeleyn, citizen and draper of London, executor of Matilda, widow and executor of John Gysors, who outlived Joan, co-executor with John G of the will of SD, sold the messuage to Thomas Thorlewynde, who, being so seised, demised it to WB, who held it until the plaintiffs entered it, claiming it as the right of MP, TB, AW, John Grey, MSG and TSG, as the co-heirs of Joan, daughter of John Gysors [relationship of each claimant given in detail, all traced back to a Joan Belton, first cousin of John Gysors]. WB, however, claims that he rightfully re-entered it.

Pleading: The plaintiffs state that the property was held by SD, who bequeathed it to his wife Joan for her life. It then passed to Joan, daughter of John Gysors, who was heir apparent of SD, with remainder to the heirs of her body, who held it in fee tail. After the deaths of SD and JD, Joan Gysors entered it, and held it in fee tail, as the daughter of Agnes, daughter of SD. Joan, seised of the property, married Hugh Fastolf, and they, by a charter enrolled in the Hustings on 25 September 1385, enfeoffed the property to a certain William Newerk, who then re-enfeoffed Joan and Hugh and the heirs of their bodies, with remainder to the rightful heirs of Joan. They died without heirs, and the plaintiffs, as the rightful heirs, entered the property, and were so seised at the time of the trespass.

Pleading: WB, citing the customs of the city, states that the customs of the city support his claim, in that any citizen may specify in his will that property be sold, and the executors or their successors may make legal sale. And he is prepared to verify this as the court orders. And the plaintiffs, as well as WB, state that whenever any such case occurs they should get certification of the customs from the mayor, aldermen and sheriffs of London, and they seek a writ to the mayor, etc, to certify the customs to the justices. This is granted, returnable at the octave of Hilary.

Postea text: Mayor, aldermen and sheriffs do not send the writ, sicut prius to Easter 3 weeks.

Case notes: See also CP 40/654, rot 390.

Court of Common Pleas, CP 40/655, rot. 622

Term: Michaelmas 1424
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: £200
Costs: 10m
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: William Bury amerced for many defaults. John Penne, citing the terms of the statute of Gloucester forbidding the wasting of property which was the subject of a plea in the king's court, states that he brought a writ of Henry V against William Bury junior regarding the manor of Kingsbury, which WB held and which JP claimed as his right and heritage. WB junior had no entry except by WB senior, to whom, with Margery his wife, William Page, of whom JP is cousin and heir, demised the manor, with reversion to the heirs of their bodies. Margery died without heirs of her body by WB senior, and WB senior demised the property to WB junior, although it ought to revert to JP, and he therefore brought a writ of Henry V returnable at the quindene of Martinmas 1421, and which is still pending. The present king has ordered WB junior not to commit waste, by a writ delivered to him at Kingsbury in the presence of William Keteryche and William Penne on 1 May 1423. However, between that date and the date of WB's original writ on 1 June 1423, WB junior has made waste of the manor, allowing the manor house worth £10 and the gatehouse worth 100s to become un-roofed and the timbers to rot, such that the hall is threatened with ruin, and the gatehouse has collapsed, and has also wasted a grange worth £20, two stables each worth 100s, and a piggery worth 40s, and he has cut and sold timber, namely 400 oaks each worth 40d, 300 ash trees each worth 20d, and 60 elm trees, formerly growing around the manor, each worth 20d. This is against the form of the statute, against the king's prohibition, and to his damage of £200.

Pleading: WB junior states that WB senior, his father, of whom he is the heir, was lately seised of this manor in his demesne as of fee, and after his death it descended to WB junior by right, as heir. The manor is held of Richard, Lord Strange in socage by fealty, and William Sutton, brother of Joan, mother of WB junior, his maternal uncle, to whom the manor could not descend, held the manor by reason of his minority, and any such waste occurred then, against his will, and he himself did not commit any waste, as claimed by JP.

Pleading: JP, unaware of anything WB junior claims, and protesting that WB senior is still alive, and that there is no such person as William Sutton, brother of Joan, mother of WB junior, repeats his claim that WB junior made waste as stated. Both parties seek enquiry on the country, sheriff to have jury here at octave of Hilary.

Postea text: Process continued, jury in respite to Easter five weeks, 1425. Parties come, jury state that WB junior made waste, namely allowing the hall worth 40s, the gatehouse worth 13s 4d, the grange worth 20s, two stables each worth 10s and a piggery worth 6s 8d to be unroofed, on account of which neglect the timbers have rotted, and they say that the gatehouse has collapsed, and the others are threatened with destruction, and he has cut and sold 400 oaks each worth 6d and 30 elms worth 20d, all against the statute and the prohibition. Costs awarded to JP of 10m. And they say he made no other waste while the plea was pending. And asked about his age, they say that WB junior is 14 years old. Justices to seek advice on the verdict, day given to the parties at octave of Trinity.

Case notes: For a related casse see CP40/643 307d.

Court of Common Pleas, CP 40/655, rot. 625

Term: Michaelmas 1424
County: Middlesex
Writ type: Debt (loan)
Damages claimed: £20
Case type: Loan

Pleading: Robert Best states that on 28 September 1420 Thomas Bailly borrowed from him £24 13s 4d, but he has not repaid this, to his damage of £20.

Pleading: TB granted licence to imparl. Afterwards, on 10 October 1424, TB returned and stated that he did not owe this or any money as claimed. Ordered that he wager his law. TB is prepared to do so immediately, but RB, who was required to allow this or to show why it should not take place, did not come. Therefore RB amerced for false claim, TB sent without day and quit of debt.

Court of Common Pleas, CP 40/655, rot. 631

Term: Michaelmas 1424
County: Sussex
Writ type: Debt (account)
Damages claimed: £30
Case type: Contract (general); Reckoning of account

Pleading: Agnes Halle states that John Lever was receiver of her money at Hellingly from Michaelmas 1413 until Easter 1414, and received from John Halle £20 to her profit, but has not rendered the required account, to her damage of £30.

Pleading: JL states that the action should cease, since after this period, he rendered full account before John Beaumond and John Draycote, auditors appointed by AH.

Pleading: AH states that JL did not render this account as he claims. Both parties seek enquiry on the country. Sheriff of London to have jury here at octave of Hilary.

Postea text: [Numerous delays and other posteas, incomplete due to damage to rotulet.]