CP40/658: Trinity term 1425

Court of Common Pleas, CP 40/658, rot. 102

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Kyrkeby states that on 3 February 1422 William Trussell made two bonds with him, each in 5m, one payable on the vigil of St John the Baptist next and the other payable on Christmas Eve next, but he has not paid either, to his damage of 20m. He shows the bonds in court.

Pleading: WT, citing the terms of the Statute of additions, states that on the day of JK's original writ, he was living at Drayton in Warwickshire, and not at Billesley, as appears on the writ.

Pleading: JK states that the case should continue, since on the day of the original writ, namely [omitted], WT was living at Billesley, as claimed in the writ. Both parties seek enquiry on the country. Sheriff to have jury of Billesley here at octave of Michaelmas. Pledges named for defendant.

Postea text: 2 posteas, sheriff did not send the writ, to quindene of Easter 1426

Court of Common Pleas, CP 40/658, rot. 104

Term: Trinity 1425
County: London
Writ type: Detinue
Case type: Detention of goods

Pleading: William Benbowe was summoned to answer Oliver Barley concerning a rosary worth 4m, which he unjustly detains. Parties come, day given at quindene of St John the Baptist.

Court of Common Pleas, CP 40/658, rot. 104

Term: Trinity 1425
County: Kent
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods

Pleading: Nicholas James states that on 16 June 1424 Richard Reynald and John Northernjon forcibly arrested his goods, namely 50 carts of worked ('framati') wood and 50 carts of non-worked ('non framati') wood at Millhall without reasonable cause, and held them under arrest, against the laws and customs of England, for two months, against the peace and to his damage of £200.

Pleading: RR and JN state that they are not responsible for this trespass. Both parties place themselves upon the country. Sheriff to have jury here at the quindene of St John the Baptist.

Case notes: See also 657, rot 316.

Court of Common Pleas, CP 40/658, rot. 104d

Term: Trinity 1425
County: London
Writ type: Debt (account)
Damages claimed: 100m
Case type: Reckoning of account

Pleading: Philippa, Duchess of York, states that on 8 February 1423 Richard Clyvedon accounted with her before Richard Wyot and John Somer, her auditors, for the time when he was her receiver, and was found to be in arrears by £72 13s 1½d. However, he has not paid this sum, despite requests, to her damage of 100m.

Pleading: RC, protesting that RW and JS were never appointed as auditors to hear his account, states that he should not owe this debt, as he never accounted with the duchess before these auditors for the time when he acted as her receiver, as she claims. Both parties place themselves on the country. Sheriff to have jury here at octave of St John the Baptist. RC appoints William Byngham as attorney.

Postea text: Process continued, jury in respite to quindene of Martinmas 1425, nisi prius they come before William Babyngton at St Martin le Grand on 24 November 1425. RC comes, WB sends record that on that day came both parties before him and John Drayton, justices, jury said that RC never accounted with the duchess before these auditors for the period he acted as receiver, as RC claimed. Duchess takes nothing for her writ, amerced for false claim. RC sent without day, quit of debt.

Court of Common Pleas, CP 40/658, rot. 105

Term: Trinity 1425
County: Leicestershire
Writ type: Debt (account)
Damages claimed: 20m
Case type: Reckoning of account

Pleading: Joan, widow of Thomas Beauchamp, states that on 4 December 1415 Henry Dene accounted with her before William Harpur and Richard Pepur, her auditors, for the period when he acted as her receiver, and was found to be in arrears by £10. Despite several requests he has not paid, to her damage of 20m.

Pleading: HD, protesting that WH and RP were never auditors appointed to hear his account, states that he should not owe this sum, since he never accounted with JB before these auditors for the time when he was receiver of JB. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 107d

Term: Trinity 1425
County: Berkshire
Writ type: Account
Damages claimed: £40
Case type: Contract (service/employment); Reckoning of account

Pleading: Margery Carpenter states that William Fysshe was receiver of her money from 12 December 1422 for one entire year, and in that time received money for her, namely 25m from the hands of William Tannere and Richard Waleys at Bradfield, and 10m from John Elde at Navestock. He was to make reasonable account for this time and money, but despite several requests he has not done so, to her damage of £40

Pleading: WF states that he was never receiver for MC for this time. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: Process continued, jury in respite to morrow of St John the Baptist 1426. On that day MC came, WF did not come to hear jury. WF in default, jury placed in respite, as they did not come, to quindene of Michaelmas 1426, nisi prius they come before the justices of assize in Berkshire at Abingdon on 22 July 1426.

Postea text: Process continued, jury in respite to quindene of Easter 1429, nisi prius they come before John Juyn at Newbury on 9 April 1429. MC came, JJ sent record that on that day, before him and his associate John Whyttokesmede, MC came, jury said that WF was receiver of MC, and received the money as claimed by MC, and should have rendered reasonable account. WF ordered to render account, and is amerced.

Court of Common Pleas, CP 40/658, rot. 112d

Term: Trinity 1425
County: Hampshire
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John Choude states that on 9 April 1422 John Halyngbury made bond with him in 20s, payable on 24 June 1423, and on 10 April made two further bonds, each in another 20s, payable one and two years later. However, JH has not paid any of these bonds, to his damage of 10m. He shows the bonds in court.

Pleading: JH granted licence to imparl to quindene of Michaelmas.

Postea text: Further licence to imparl, to quindene of Hilary 1426.

Court of Common Pleas, CP 40/658, rot. 116

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 6s 8d
Case type: Bond

Pleading: Henry Treboulans states that on 20 April 1420 Nicholas Mundene made bond with him in £7 10s 10d, payable in two equal payments, but he has not paid, to his damage of £10. He shows the bond in court.

Pleading: NM states that he should not owe 29s 4d of this sum, since on 12 January 1424, by another document which he shows in court, HT acknowledged receipt of this 29s 4d from NM. Regarding the remaining £6 18d, he acknowledges the debt and the validity of the bond. And HT, not denying the quitclaim of the 29s 4d, seeks payment of the remaining £6 18d. Ordered that HT recover the £6 18d from NM, and damages of 6s 8d. NM amerced. And HT to take nothing for his writ concerning the other 29s 4d, since he did not deny the validity of the quitclaim, but is amerced for false claim.

Court of Common Pleas, CP 40/658, rot. 117

Term: Trinity 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: Robert Burton, parson of Stepney, amerced for many defaults. John Bradfold states that on 6 October 1424 Robert Burton assaulted him in Stepney, against the peace and to his damage of £40.

Pleading: RB granted licence to imparl to [omitted].

Court of Common Pleas, CP 40/658, rot. 117

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: Thomas Fauconer states that on 1 June 1424 John James, son of William James of Cromer, made bond with him in £40, but has not paid, to his damage of 100m. He shows the bond in court.

Pleading: JJ granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 119d

Term: Trinity 1425
County: Berkshire
Writ type: Debt (account)
Damages claimed: £40
Case type: Reckoning of account

Pleading: Hugh Wolf states that on 22 June 1423 Robert Aleyn accounted with him at Wallingford, before William Noke and William Bodynden, auditors appointed by HW, for the period when he was receiver of money for HW, and RA was found to be in arrears by £23. Despite requests, he has not paid this sum, to his damage of £40.

Pleading: RA states that he does not owe this debt, since he never accounted with HW before these auditors for the time when he was receiver, as claimed by HW. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 121

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £60
Case type: Bond

Pleading: Margaret, formerly wife of William Preston, William Thirlewall and John Weston, executors of William Preston, state that on 25 February 1407, Elizabeth, now wife of William Bramspath and formerly wife of Nicholas Pyell, while a single woman, made bond with William Preston in £20, and also on 4 April 1407 she made another bond, also in £20. However, neither she while single nor her and her husband after their marriage have paid these sums to WB or his executors, to their damage of £60. They show the bonds in court, as well as the will of WP, by which they have executry.

Pleading: WB and EB say that the action ought not continue, since on 6 May 1415, by a document which they show in court, WP released and quitclaimed to William Hodelston and the same Elizabeth, then his wife, all outstanding actions and disputes between them, both real and personal.

Pleading: The plaintiffs state that the action should continue, as this release was not made of WP the testator. Both parties seek enquiry on the country. Sheriff of Northamptonshire to have jury of Irthlingborough here at octave of Michaelmas.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Easter 1426.

Court of Common Pleas, CP 40/658, rot. 124

Term: Trinity 1425
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Sale of goods

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

Pleading: SR states that the case should not continue, since, on 18 May 1405, by another document of which SR shows in court the part sealed by TB, RP and AP, it states that if SR deliver to them four new torches (large candles) weighing 60lb, and two new wax candles weighing 40lb, which he has in his custody on behalf of the members of the fraternity of Holy Cross or St John in the church of St Clement Danes, for burning when any member of the fraternity is carried to the church at evensong ('placebo'), dirge or mass, receiving for his service 2s 8d each time, and if he deliver to them 100lb of good torch wax when required, then the bond shall be quit; otherwise it shall remain in force and be executed should SR fail in any of these agreements. SR states that he fulfilled all the terms of the agreement except the delivery of the 100lb of wax at St Clement Danes, but states that on 1 May 1419, with his agreement, TB, RP and AP were satisfied for this wax by Walter Sharp and Robert Ferrour, then keepers of the goods and chattels of the church of St Clement Danes, with the 33s 4d which the keepers owed him for the torches and candles..

Pleading: TB, not acknowledging anything said by DR, states that his action should continue, as he, RP and AP were not satisfied by WS and RF of this 33s 4d or any money as claimed by SR. Both parties seek enquiry on the country. Sheriff to have jury here at octave of St John the Baptist.

Court of Common Pleas, CP 40/658, rot. 131

Term: Trinity 1425
County: Huntingdonshire
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: John Croule states that on 4 June 1424 Thomas Upton accounted before Robert Wryght and Peter Brendewode, auditors appointed by JC, for sums of money he received while acting as receiver for JC, and was found to be in arrears by 40s. TU has refused to pay this, to the damage of JC of £10. [No further pleading.]

Court of Common Pleas, CP 40/658, rot. 136d

Term: Trinity 1425
County: London
Writ type: Debt (other)
Damages claimed: 100s
Case type: Contract (general); Debt; Real action / rents / damage to real estate

Pleading: William Fallan states that on 20 June 1424 he demised at farm to Robert Treyage a certain prebend in the church of Crantock ('Beati Karentoci)' in Cornwall, to hold for seven years from the previous Michaelmas next (1423), rendering 12m per year. RT held the prebend from that date to Easter 1425, paying the 6m due at Easter 1424 and at Michaelmas 1424, but has not paid the 6m due at Easter 1425, and refuses to pay, to his damage of 100s.

Pleading: RT, not acknowledging anything said by WF, states that WF should not maintain this suit, since before Easter 1425 he returned to WF all his estate in this prebend, with the agreement of WF.

Pleading: WF states that the case should not be withdrawn, as RT did not surrender all his estate in this prebend as he claims. Both parties seek enquiry on the country. Sheriff to have jury of the parish of St Dunstan in the West here at octave of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 137d

Term: Trinity 1425
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: It was ordered to the sheriff that he should take Thomas Dowce, son of John Dowce of Beverley, Yorkshire, and keep him until he satisfies Richard Ryston, rector of Cooling, Kent, of the £100 which he recognised that he owed to him on 3 April 1415 before Thomas Fauconer, former mayor of London, and John Credy, and which he owed payment at Christmas last. Summoned to be here at octave of Trinity. RR came, sheriff reported that TD is dead. RR seeks a writ to the sheriff of York that he deliver to RR all the goods and chattels which TD had in his bailiwick on the day of the recognisance or thereafter, and this is granted. Sheriff of Yorkshire to make known here at octave of Michaelmas, and same day given to RR.

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

Postea text: Sheriff sent that he charged William Seulby, bailiff of the liberty of the Archbishop of York in Beverley, who did nothing. Writ issued, returnable here at the octave of the Purification.

Court of Common Pleas, CP 40/658, rot. 138d

Term: Trinity 1425
County: Buckinghamshire
Writ type: Other
Damages claimed: £40
Case type: Breach of Statute; Housebreaking; Taking of goods

Pleading: Richard Redehode, citing the terms of an ordinance of King Edward preventing the court of the marshal of the household from hearing cases unless they involve members of the household or are committed within the verge, states that on 4 October 1422 BD brought a case against RR, namely that RR forcibly broke BD's close at Wycombe, and cut down and carried off his trees, and overturned a cart, against the peace, and although neither of them were of the king's household, he impleaded him before John Westbury, then steward, and Thomas Barton, the marshal of the household, in the marshal's court at Wycombe, in contempt of the king, against the form of the ordinance, and to his damage of £40.

Pleading: BD states that whereas RR supposes that BD impleaded him before the steward and marshal, he says that he has no such record of any such plea.

Pleading: RR states that the action should continue, as he has record of this plea as he claimed, and is prepared to verify this. Ordered to JW, steward, that he search the rolls of the courts of the king's household held before him and the marshal, and if he finds anything including the names of BD or RR, then he is to have that and anything touching it here at the octave of Michaelmas, so that the justices can decide. Same day given to parties.

Postea text: 9 posteas, steward did not send writ, to quindene of Easter 1428.

Case notes: see also CP 40/657, rot 140d; also related to CP40/642 rot.116. and CP40/642 rot.117

Court of Common Pleas, CP 40/658, rot. 173

Term: Trinity 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: 10m
Case type: Breach of Statute; Contract (service/employment)

Pleading: Elizabeth Kynggeston, citing the terms of the Statute of Labourers, states that at the feast of the Purification (2 February) 1423, she retained Katherine Burton to serve her for one year as a silkwoman, but on 12 April 1423 KB left her service without reasonable cause or licence, in contempt of the king, against the terms of the ordinance and to her damage of 10m.

Pleading: KB states that the case should not proceed, since she left the service of EK with her permission on that day.

Pleading: EK denies this, saying that KB left her service without reasonable cause or licence, as claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/658, rot. 263

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Damages awarded: 20s
Case type: Bond

Pleading: Alice, widow of Richard Halle, and John Halle, son of Richard Halle, executors of the will of Richard Halle, himself executor of John Coupere, state that on 11 June 1398 William Glym made bond with John Coupere in £18 10s, payable on the octave of Martinmas next. They show the bond in court, and acknowledge that WG has paid 10s of this debt, but he has not paid the remaining £18 to JC, or to RH as his executor, or to themselves as executors of RH, to their damage of 20m. They also show in court the wills of both JC and RH, by which they have administration.

Pleading: WG states that he should not owe this debt, as on 10 June 1415, RH released him from all actions and demands outstanding between them, both personally and as executor of JC. He shows the release in court.

Pleading: AH and JH state that their case should continue, as the release was not made of RH. Both parties seek enquiry on the country. Sheriff of Warwickshire to have jury here at octave of Michaelmas. Pledges named for defendant. Quitclaim to remain in the custody of Robert Darcy, king's chief clerk of the Bench.

Postea text: 2 posteas, sheriff did not send writ, to quindene of Easter 1426.

Postea text: Plaintiffs come, WG did not come. Ordered that AH and JH recover the debt of £18, and damages of 20s. WG amerced. Mainpernors to be taken. AH and JH acknowledge in court that they have been satisfied of £6 of this debt, and they remit the damages.

Postea text: Mainpernors come, and seek to make fine with the king, which they have, and each are assessed by the justices at 20d, by pledge of Thomas Glym and Thomas Bury.

Court of Common Pleas, CP 40/658, rot. 263d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John SeintJohn, his wife Joan, and William Ryder state that on 11 February 1423 John Godston made three bonds with Joan SeintJohn and WR, while Joan was a single woman, two in 53s 4d and the third in 5m. They show the bonds in court. JG has not paid any of them, amounting to 13m, to their damage of 10m.

Pleading: JG granted licence to imparl to Michaelmas one month. Pledges named for defendant.

Postea text: Further licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/658, rot. 263d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas Baker states that on 19 December 1422 Ivo de Etton made two bonds with him, each in 10m, which he shows in court. IE has not paid either, amounting to 20m, to his damage of £10.

Pleading: IE granted licence to imparl to Michaelmas one month. Pledges named.

Postea text: Further licence to imparl, to octave of Hilary 1426.

Postea text: TB came, IE did not come. Justices wish to be advised on the justice of this default, day given to TB here at quindene of Easter to hear the judgment.

Postea text: 2 further posteas, TB given day at octave of Michaelmas 1426, and octave of Hilary 1427.

Court of Common Pleas, CP 40/658, rot. 301d

Term: Trinity 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Calcrofte states that on 12 May 1423 Thomas Wynchecombe bought from him 100 stones of tallow for 40s, but has not paid, to his damage of 100s.

Pleading: TW states that on that day he did buy from WC seven stones of tallow for 3s 6d, which he has always been prepared to pay to WC, and offers to pay in court. And concerning the other 36s 6d, he states that he does not owe this or any money as claimed. Order that he wager his law, which he does immediately. WC receives the aforesaid 3s 6d, but concerning the remaining 36s 6d WC to take nothing for his writ, and amerced for false claim. TW sent without day, and quit of original debt of 40s.

Court of Common Pleas, CP 40/658, rot. 302d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Thomas Wykham, William Bysshopiston and Richard Compton, executors of William Wilcotes, and John Blaket and Elizabeth his wife, former wife and co-executor of WW, state that on 13 November 1402 John Eburton made bond with WW in £20, but has not paid WW or his executors, before or after Joan's marriage to John B, to their damage of 40m. They show the bond in court, and the will of WW by which they have executry and administration.

Pleading: JE states that he does not owe this debt, as this bond was not of his making. Both parties place themselves upon the country. Sheriff to have jury here at octave of Michaelmas. Bond to remain in custody of Robert Darcy, king's clerk, for safe-keeping.

Postea text: JE came, executors and John Blaket do not prosecute their writ. They and pledges amerced. JE sent without day. Bond returned to plaintiffs, RD quit.

Court of Common Pleas, CP 40/658, rot. 305d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: £3
Case type: Bond

Pleading: John Tannere states that on 24 January 1420 John Walkere made bond with Thomas Bridbrook in £4 7s 8d, but he has not paid TB or him as his executor, to his damage of £10. He shows in court the bond and the will of TB, by which he has executry and administration.

Pleading: JW states that he should not owe this debt, since after the making of this bond, by a document which JW shows in court, TB released him from all personal actions existing between them at that time.

Pleading: JT states that this release was not made of TB the testator. Both parties seek enquiry on the country. Sheriff of Northamptonshire to have jury of Flore here at the octave of Michaelmas. Pledges named for defendant. Release to remain in the custody of Robert Darcy, king's clerk, for safe-keeping.

Postea text: 3 posteas, to quindene of Easter 1426.

Postea text: Release delivered to James Strangways, justice of the Bench. RD quit.

Postea text: Process continued, jury in respite to Easter three weeks 1427, nisi prius they come before the justices of assize in Northamptonshire on 19 February 1427. Parties come, justices send record that on that day, before John Cokayn and James Strangways, justices of assize, parties and jury came, JW said that he could not deny that the release was not made by TB, as claimed by JT. Ordered that JT recover the debt and damages, assessed by the court at £3. JW is taken.

Postea text: Release returned to RD, James Strangways quit.

Court of Common Pleas, CP 40/658, rot. 306d

Term: Trinity 1425
County: London
Writ type: Detinue
Case type: Detention of goods

Pleading: Robert de Bury was summoned to answer Andrew Norwych, parson of St Clement, Eastcheap, Robert Hyland and Nicholas Trethewen, executors of Hugh Trethewen, on plea that he return a certain document which he unjustly detains. AN came, as did RB by attorney, but RH and NT, co-executors and co-plaintiffs, did not come. And it appears elsewhere in this court, as shown in Easter term last, rot [omitted]. AN ordered to sue without them, day given at octave of Michaelmas.

Case notes: Previous entry (mesne process) also involves these plaintiffs.

Court of Common Pleas, CP 40/658, rot. 310

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £200
Damages awarded: 4m
Case type: Bond; Detention of goods; Real action / rents / damage to real estate

Pleading: John Somer and Joan Erythe, executors of Henry Trewyn, and John Erythe, husband of Joan, state that on 25 April 1408, by an indenture made between Margaret, widow of Nicholas Sharneffeld, and John Gerveys on the one part, and Henry Trewyn junior and Thomas Remys on the other, it was shown that, for £100 paid by HT to MS, JG granted to HT and TR and their heirs, etc., his manor of Woolwich in Kent, with all appurtenances, as formerly held by John, son of Nicholas Horn and William Pruyn in Woolwich, Greenwich and elsewhere, as well as lands acquired by exchange by JH from Thomas, son of Jocelin Osberne, except certain lands and marshes lying in the parish of Plumstead. MS then released and quitclaimed all her claims in this manor to HT and JR, and delivered to HT certain documents relating to the manor and lands, as specified in a schedule annexed to the agreement. And TR and HT also promised in this indenture that if MS should wish to recover her dues within 3 years after the indenture, then MS should repay the £100 to HT, and all costs of taxes and expenses, and she shall have restoration, along with all the charters and muniments. And for the greater security of the enfeoffment, HT made bond with MS in 200m, payable should HT and TR refuse to return the lands. Finally, it was agreed that HT and TR should not fell any growing trees except at the proper times. And if MS default in payment of the £100, then she agreed to hand over all other muniments not previously delivered, and even make fine in the common bench. And MS and JG also entered into a bond with HT and TR in 200m to abide by these terms, payable should she infringe these terms. The executors state that HT and TR were always willing to abide by these terms, and MS never paid this £100 to HT during his life or his executors after his death, but on 5 October 1413, in St Michael Cornhill, London, HT required MS to deliver one part of the record of a fine made in the court of Richard II on 3 November 1379 before Robert Belknapp and his fellow justices of the Bench, between John Horn and Alice his wife, and Jocelin Osberne of Cliffe and Margaret his wife, concerning a messuage, one dove-cot and two acres of land with appurtenances in Woolwich, then in the custody of MS, by which JO and MO acknowledged this property to be the right of JH, which JH and AH have of the gift of JO and MO and hold of the chief lord of the fee, and to defend their title, and also that MS deliver all documents in her possession or others, and to levy a fine in the court of Henry V at Westminster on the morrow of Martinmas 1413 regarding this property, by which MS should acknowledge the property to be the right of HT, quitclaim it for herself and her heirs to HT and TR, and warranty it to them against all people, in return for 40s for her expenses. However, MS has refused to hand over that charter, or any documents or levy the fine, by which HT adjudged he should have this 200m. MS has refused to pay this to HT or his executors and John Erythe, to their damage of £200. They show in court the part of the indenture sealed by MS, and the will of HT, by which they have executry.

Pleading: MS, protesting that HT did not request delivery of this part of the fine, or these other documents, relating to the properties, nor that she make this fine, offering her 40s for her costs, states that she should not owe this 200m, since at Michaelmas 1410 at Woolwich, she offered this £100 to HT according to the form of the document.

Pleading: The plaintiffs state that they should not withdraw their suit, since MS did not offer HT this £100 according to the form of the document, as she alleges. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas.

Postea text: Process continued, jury in respite to octave of Martinmas 1425. Parties came, jury said that MS did not offer this £100 to HT according to the document, as she claimed. Damages assigned to the plaintiffs at 4m. Ordered that they recover their debt of 200m, and 4m, and MS amerced.

Postea text: Record and process of this case sent before the king, by virtue of a writ of error dated 28 April 1426, directed to William Babyngton and regarding MS.

Case notes: TO FINISH See also CP 40/653, rot 301.

Court of Common Pleas, CP 40/658, rot. 311

Term: Trinity 1425
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: 200m
Case type: Bond; Sale of goods

Pleading: John Fauntleroy states that on 17 June 1415 John Arundell made bond with him in 100m, and also, on 7 April 1416 JA bought from him russet and green velvet cloth, one dorser (back-curtain) of red worsted with two large costers (side-curtains) embroidered with the arms of Mautravers, and 14¾ yards of blue worsted for £30. However, JA did not pay this total of £96 13s 4d, and nor have his executors, Eleanor Ponynges (against whom he seeks the debt), William Ryman and John Burnell, to his damage of 200m. He shows the bond in court.

Pleading: Richard Ponynges and his wife Eleanor, widow and co-executor of John Arundell, granted licence to imparl to octave of Michaelmas.

Postea text: Further licence to imparl to octave of Hilary 1426.

Case notes: See also CP 40/657, rot 318.

Court of Common Pleas, CP 40/658, rot. 314

Term: Trinity 1425
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Assault

Pleading: Reginald Cokayn states that on 16 July 1424 the fifteen defendants forcibly assaulted him at Hitchin, against the peace and to his damage of £100.

Pleading: The fourteen plaintiffs are granted licence to imparl to quindene of Michaelmas.

Case notes: See also CP 40/659, rot 116d.

Court of Common Pleas, CP 40/658, rot. 315d

Term: Trinity 1425
County: London
Writ type: Account
Damages claimed: £200
Case type: Contract (service/employment); Reckoning of account

Pleading: John Deneman, executor of Robert Deneman, states that William Wydecombe was receiver for RD from Michaelmas 1413 for 6 years, and received money for RD in London, namely £100 from William Brekespere, £18 13s 4d from Richard West, £14 13s 4d from Robert FitzRobert, £5 16s from John Hoo, and 23s from John Clement, for which he was to make reasonable account, but he has not rendered account to WW or his executor, and refuses to do so, to their damage of £200. He shows in court the will of RD, by which he has executry and administration.

Pleading: WW granted licence to imparl to octave of Michaelmas. Pledges named for defendant.

Case notes: See also CP 40/659, rot 114.

Court of Common Pleas, CP 40/658, rot. 317

Term: Trinity 1425
County: London
Writ type: Account
Damages claimed: £200
Case type: Reckoning of account

Pleading: Thomas Faukener states that John Pelham, senior, was his bailiff for one messuage with appurtenances in the parish of St Martin Pomary, Cheap ward, London, from 4 February 1409 to 25 January 1412, and during this time he had care and administration of one ruby, one dorser, ten costers, one large bed with curtains, tester, canopy and tapestries embroidered with red and gold, one altar cloth ('sepulcro') fringed and adorned with all the accoutrements, 5 pieces of Milan fustian, two silk chaplets, 3lb 2oz of silk, 6 books edged with thread ('sex libris frengii de filo'), one piece of bordelisaundre (striped silk from Alexandria) spangled with gold, one fustian vestment, 26 ells of linen cloth from Brunswick, 41 ells of linen cloth from Champagne, and 36 ells of linen cloth from Brabant, for which he was to make reasonable account on request. However he has not done this, and refuses, to his damage of £200.

Pleading: JP states that TF ought not maintain his action, since concerning the dorser, costers, bed, curtains, tester and tapestries, JP states that at the time aforesaid he was Treasurer of England, and that TF gave him these goods of his free will as a sign of his friendship, the dorser, bed, tester and canopy being embroidered with JP's arms, and, with the costers, curtains and tapestries, TD had them erected in the hall and chambers in the household of the Earl of March in the parish of St Katherine, Aldgate ward, London, where JP was then staying. And concerning all the other goods and chattels, except the ruby, JP states that TF gave these to Joan Pelham, his wife, at Laughton. And concerning the ruby, he states that before it was owned by TF it was the property of Isabella, Abbess of the Minories next to the Tower of London, and the abbess, by her proctors John Cornewayles and [omitted], sold the ruby to TF and John Ikelyngton, deceased, for 80m, for which sum TF and JI bound themselves to JC and [omitted] to the use of the abbess, which ruby JP later bought from JI at Laughton for 100m, which he paid to JI; and he was never bailiff of TF for the messuage aforesaid, as claimed by TF.

Pleading: TF states that the plea of JP is not sufficient in law to exclude TF from his action, and in default of sufficient plea he seeks judgment.

Pleading: JP seeks judgment, since TF has not denied the matters alleged by him. And since the justices wish to be advised concerning their judgment, day is given at the octave of Michaelmas for the parties to hear the judgment.

Postea text: Date given at octave of Hilary 1426.

Court of Common Pleas, CP 40/658, rot. 318

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas Draper, executor of John Draper, states that on 1 July 1412 John Kirkeby made bond with JD in £20, payable at the quindene of Michaelmas next, but he has not paid, and nor have his administrators (his widow Alice Kirkeby, Thomas Randolf and William Pakyn), who still detain the debt, to his damage of £40. He shows in court the bond, and the will of John Draper, by which he has executry.

Pleading: Alice Kirkeby, Thomas Randolf and William Pakyn, administrators of the goods of John Kirkeby, granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 326

Term: Trinity 1425
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: Joice and Alice Faukes state that Gilbert Brauncestre was formerly seised of 190 acres of land, 20 acres of meadow, 22 acres of woodland and 8s rent with appurtenances in Kingsbury, Hendon and Willesden, Middlesex, and so seised he granted them by charter to Juliana Joynour, who then granted them by charter back to GB and his wife Idonia, daughter of JJ, and the heirs of their bodies. They had possession of the charters, and both died, after which the lands, and the chest containing the charters, passed to Alice, Juliana and Katherine, daughters of GB and IB. The daughters made division of the property and the charters, with this property passed to Alice as part of her share. Alice then died, and her property passed to her son Thomas, who also then died, and they passed to Alice Faukes, as daughter and heir of Thomas, while the chest was handed to JF on 5 October 1422. However, JF now refuses to return this chest and the charters within, to their damage of £100.

Pleading: JF states that he does not detain this chest and these documents, or any other charters, as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of St John the Baptist.

Court of Common Pleas, CP 40/658, rot. 328d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £50
Case type: Bond

Pleading: Thomas Roche states that on 20 September 1421 William Richeman, master of the carrack 'George de la Tour' of Southwark, made a bond with him in £38 6s 8d, but has not paid, to his damage of £50. He shows the bond in court.

Pleading: WR granted licence to imparl to octave of Michaelmas, with assent of plaintiff.

Pleading: [further information drawn from CP40/659 rot.128. - Michaelmas 1425] Further licence to imparl as far as Hilary term 1426. (this is followed in Hilary term by one postea forwarding the case to Easter 1426, lites in 'posteas' section below)

Pleading: [further information drawn from CP 40/661 rot. 328, Easter term 1426] WR says that plaintiff TR, after the making of the aforesaid bond, made an indenture with a certain John H., at London [parish and ward left blank], one part of which indenture WR presents to the court with seal of TR etc., given at London on 21/09/1421. This indenture says that if JH and WR should pay to TR or his attorney the aforesaid £38 6s 8d within twenty days of the aforesaid carrack (called the 'George de la Tour') landing safely at the port of London, Sandwich (Kent), or any other English port for its safe unloading, then the aforesaid bond should be null and void; providing that if the same carrack should be captured or lost at sea that the bond should also be null and void. WR says that since the time of the indenture's making the aforesaid carrack has not landed, and so seeks judgment on the writ.

Pleading: TR says that WR's plea is not sufficient in law and seeks judgment.

Pleading: WR says that his plea was sufficient and says that TR did not answer his plea. Therefore WR seeks judgment, and that TR's case be precluded. And this court needs to be advised concerning the giving of a judgment, therefore further day is given between the parties in Trinity term 1426.

Pleading: [further information drawn from CP 40/670 rot. 494d. - Trinity 1428] The initial pleading (1) of Trinity 1425 is repeated here, without counterplea. WR comes and seeks licence to imparl as far as the octave of Michaelmas term 1428, with the assent of TR.

Postea text: postea - Further licence to imparl, to quindene of Easter 1426.

Postea text: 5 posteas - (first given in Trinity term 1426) all say that the justices have not yet been advised, and so the parties are given further day as far as Michaelmas term 1428.

Postea text: postea - further licence to imparl, as far as Hilary term 1429, with the assent of TR.

Case notes: Further information drawn from CP 40/659 rot.128; and CP 40/661 rot.328; case also seems to have been revived on CP 40/670 rot. 494d.

Court of Common Pleas, CP 40/658, rot. 336

Term: Trinity 1425
County: Middlesex
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William Revere states that on 26 November 1421, John Chydley made bond with him in 12m, payable at Trinity and Michaelmas next in equal instalments, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JC states that he should not owe this debt, since a certain John Aunger, his kinsman, had stayed with WR for a long time before the making of the bond and owed him 8m for various matters and provisions, and WR had in his custody various goods of JA, including six silver spoons, one saddle, one bridle and a certain chest containing various documents. It was therefore agreed between WR and JC that JC would make a bond with WR in this 8m, and should then have delivery of these goods. However, JC says that his eyesight was then so poor that he was unable to read the bond himself, but it was read to him as a bond in 8m, and he, believing this, sealed it. He therefore says that this bond of 12m was not of his making.

Pleading: WR, not acknowledging anything mentioned by JC, states that JC did inspect, acknowledge and seal this bond in 12m, and that it was therefore made by him. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas. Bond to remain in the custody of Robert Darcy.

Court of Common Pleas, CP 40/658, rot. 340

Term: Trinity 1425
County: Hertfordshire
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: Everard Flete states that on 1 July 1424, at Reed, in a place called Chamberlains Manor, Thomas Chalers took seven cows and a bullock belonging to him and unjustly detains them, to his damage of £20.

Pleading: TC states that the taking of the animals was good and just. He says that William Marchford was formerly seised in his demesne as of fee of a messuage, a carucate of land, 30 acres of woodland and 12 acres of pasture with appurtenances in Reed, of which this place is parcel, held of TC of his manor of Reed by homage and fealty, at a scutage to the king of 40s, and at an annual rent of one pair of spurs and half a pound of pepper, or 14d and the pepper, at the choice of the lord of the manor, payable at Michaelmas, making suit of court at the manor of Reed every three weeks. WM placed EF in this property, but EF did not attend the court held on 4 October 1424, and thus TC correctly took 3 cows and a bullock, and since the rent was in arrears by ten years at that point, TC took a further 4 cows in consideration of these 10 pairs of spurs and 5lb of pepper.

Pleading: EF, not acknowledging anything said by TC, states that TC should not claim that he justly took these animals for the reasons claimed, since he says that John Burgoyn and Nicholas Caldecote were formerly seised of the manor of Reed, and in 13 Henry IV they enfeoffed WM, John Shadworth and Robert Newport, by virtue of which these three were seised in their demesne as of fee. TC cannot therefore claim that taking the goods for these services was just.

Pleading: TC, not acknowledging anything said by EF, states that he should not withdraw his claim, since he states that JB and NC did not enfeoff WM, JS and RN of this manor, as EF claims. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas.

Case notes: Poss also related case at CP 40/659, rot 307 (Herts).

Court of Common Pleas, CP 40/658, rot. 403d

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: William Burton states that on 17 May 1410 Walter Intebergh made bond with him in £15. He has been paid £7 of this, but neither WI nor his widow Joan, his executor, have paid the remaining £8, to his damage of 20m. He shows the bond in court.

Pleading: Joan Intebergh granted licence to imparl to quindene of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 404

Term: Trinity 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Richard Broughton, citing the terms of the Statute of Labourers, states that on 16 July 1424 Thomas, son of William Pycot, was retained by him to serve him as a shearman for one year, but before the end of that term, on 25 July 1424, TP left his service without reasonable cause or licence, and served Richard Babes, who has retained him even though he should restore him to his service. This is in contempt of the king, and to his damage of £20.

Pleading: Richard Babes and Thomas Pycot granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 405

Term: Trinity 1425
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, TW accounted with RT before John Witte and John Hechyngham, auditors, for the time when he served as receiver for RT, and was found to be in arrears by 34s. However, neither TW nor his executors have paid either of these debts, to his damage of £40. He shows the bond in court, and states that the bond was made in the same place, and that administration of TW's goods was granted to the defendants by the Bishop of London.

Pleading: William Pakyn and William Barbour, administrators of the goods of TW, state that they ought not to owe this debt, since they had fully administered all the goods formerly of TW long before the date of RT's original writ, with the exception of two tables, two pairs of trestles, three benches ('formulos') and four stools ('scabella'), worth 40s, which were in their hands in the parish of St Peter Paul's Wharf, Castle Baynard ward, London, and which the administrators are and always have been prepared to deliver to the plaintiff.

Pleading: RT states that on the day of his original writ, namely 10 June 1424, the administrators had various other goods in their hands formerly of TW which were not administered, sufficient to pay this debt to him had they so wished, namely 20m in cash, three pairs of linen sheets called 'champayncloth', 4 pairs of Rennes linen sheets, four Pariswork tablecloths, one silver gilt collar, one gold collar and one yellow gown with a grey fur-lined amice, all in the parish of St Margaret Lothbury, Coleman Street ward, London. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 406

Term: Trinity 1425
County: Lincolnshire
Writ type: Account
Damages claimed: £20
Case type: Contract (service/employment); Reckoning of account

Pleading: Richard Hardby and Alexander Cheyne, administrators of the goods formerly of John Evedon, who died intestate, state that Guy Laurence served as receiver of money for JE from 12 November 1390 for half a year, and during that time received for JE 40m from John Essex at Evedon. However GL has not rendered reasonable account for this money and time to either JE or his administrators, despite several requests, to a damage of £20. He shows in court the letters of Philip, Bishop of Lincoln, by which they have administration.

Pleading: GL granted licence to imparl to octave of Michaelmas.

Court of Common Pleas, CP 40/658, rot. 407

Term: Trinity 1425
County: Kent
Writ type: Detinue
Damages claimed: 500m
Case type: Arbitration; Detention of goods; Safe keeping

Pleading: On the roll for Michaelmas last (1424), rot 116, it is recorded thus. John Spryver 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: John Spryver 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. This was granted, and the sheriff was ordered to inform WB to be here at the octave of Martinmas, to show any reason why the documents should not be returned to the plaintiffs. Parties came, as did WB by Thomas Adam, his attorney. Sheriff sent that he had informed WB by John Rous, Thomas Edwyn, Edmund Letot and Thomas Noryng. Plaintiffs seek delivery of the documents. Day given to all parties at quindene of Easter. Further day given at octave of Trinity. On that day, parties came, plaintiffs again seek delivery.

Pleading: WB states that the documents should be returned to him and not the plaintiffs, as they were compiled and delivered to Spryver under condition that if he and the plaintiffs come together at Northfleet on Palm Sunday after the delivery of the bond, and that WB should be prepared to seal a new bond in £100 to Spryver and Robert Aleyn, and he should deliver to Soys and RL, and also John Thurston and Roger, vicar of Northfleet, all the goods and chattels which were of Alice Scarburgh and which came into his hands after her death, then the bonds by which WB and Soys and RL were bound to each other in 200m should be returned to the respective parties. And if WB were to fulfil his part of the agreement, and if Soys and RL did not come, then both bonds should be delivered to WB, and vice-versa. And he states that he came to Northfleet as agreed, prepared to carry out these conditions, but that Soys and RL did not come, in which case the bonds should be delivered to him.

Pleading: Soys and RL say that the documents should be delivered to them and not WB, since the bonds were delivered to Spryver at Gravesend on that day, under condition that if WB deliver to Spryver, at Gravesend before the following Sunday, a certain bond by which WB would be bound to Soys and RL in 200m, payable at Easter next, and also seal a further bond by which he is bound to Spryver and RA in £100, payable at Easter, and that these bonds be delivered to Spryver under condition that if WB deliver to Soys, RL, JT and Roger, vicar of Northfleet, all the goods formerly of Alice, and if WB stand in the arbitration of JT, Roger, Soys and RL concerning various quarrels between Soys, RL and WB, and implement their decision, then the bonds whereby WB was bound to Soys and RL in 200m, and vice-versa, shall cancelled. If WB should default in any part of this agreement, then the bonds shall be delivered to Soys and RL. They say they were always ready to abide by this arbitration, and thus the bonds should be delivered to them, and not as claimed by WB.

Pleading: WB states that the bonds were delivered under the conditions he gave. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

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

Court of Common Pleas, CP 40/658, rot. 414

Term: Trinity 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Reckoning of account; Sale of goods; Taking of goods

Pleading: Richard Blakston states that on 2 June 1416, in the parish of St Botolph, Billingsgate, London, Gilbert Hayman forcibly took goods and chattels belonging to him, namely eleven pipes of oil, worth £40, against the peace and to his damage of £40.

Pleading: GH denies force and arms, and both parties place themselves on the country. And concerning the rest of the trespass, GH, not acknowledging that the goods were such, and of such a value as given on the original writ, states that RB should not maintain his action, since on that 2 June RB instructed GH to take away and sell these 11 pipes of oil, to the profit and use of RB, by the view and council of John Bedford, rendering reasonable account to RB for this money, and it is this action for which RB has brought his writ.

Pleading: RB states that his action should continue, since GH forcibly took that oil on that day, and not that he ordered GH to take and sell, it, as GH claims.

Pleading: GH states that RB instructed him to take the oil and sell it, as he stated. Both parties place themselves on the country. Sheriff to have jury here at octave of Michaelmas.

Postea text: 3 posteas, sheriff did not send writ, to morrow of Ascension 1426.

Court of Common Pleas, CP 40/658, rot. 437d

Term: Trinity 1425
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: William Burton states that on 16 March 1425 Adam Fabyan, together with William Turnur, forcibly cut down and carried away his growing trees at Kingsdown worth 100s, namely 20 oaks, 20 elms and 20 ashes, against the peace and to his damage of £10.

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

Pleading: [Mesne process follows of plea against William Turnur on same offence, but WT did not appear. Sheriff ordered to take him, but he did not send the writ. Sicut prius to same term.]

Court of Common Pleas, CP 40/658, rot. 475

Term: Trinity 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: Elizabeth Kyngeston, citing the terms of the Statute of Labourers, states that on 2 February 1423, in Cordwainer Street ward, London [parish omitted], she retained Katherine Burton to serve her as a silkwoman for one year, but she left that service before the end of that term without reasonable cause or licence, in contempt of the king, against the form of the statute, and to her damage of £10.

Pleading: KB states that EK should not maintain her action, since she left the service of EK on that day with her licence and good will.

Pleading: EK states that KB left her service without good cause, permission or good will. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/658, rot. 475

Term: Trinity 1425
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: Richard Waltham states that on 12 January 1423, Bartholomew Carpenter accounted before John Crowthe, auditor, for various sums held by BC for RW, and BC was found to be in arrears by 40s. However, he has not paid this 40s, and refuses, to his damage of 40s.

Pleading: BC states that he does not owe this or any money to RW as claimed. Ordered that he wage his law at octave of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/658, rot. 490

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Walter Caketon states that on 21 May 1423 John Cheyne made bond with him in £44, which he shows in court, but has not paid, to his damage of £20.

Pleading: JC granted licence to imparl to quindene of Michaelmas. Pledges named.

Court of Common Pleas, CP 40/658, rot. 490

Term: Trinity 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Chirche states that on 26 April 1423 Robert Michell made bond with him in £20, which he shows in court, but has not paid, to his damage of £10.

Pleading: RM granted licence to imparl to quindene of Michaelmas. Pledges named for defendant.

Court of Common Pleas, CP 40/658, rot. 499d

Term: Trinity 1425
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: John Santon, John Grene, John Wente and Thomas Rykedon state that on 29 May 1425 John Herde and Stephen Barre forcibly broke their close and house in Great Hallingbury and allowed certain animals to trample and consume their grass to the value of £20. This was against the peace, and to their damage of £40

Pleading: JH and SB granted licence to imparl to octave of Michaelmas, with assent of plaintiffs.

Pleading: [further information drawn from CP40/660 rot.433] Concerning the use of force and arms JH and SB say they are innocent and put themselves upon the country, and John Wente, JG, TR, and JS put themselves likewise. They also say that the grass involved was not of as great a value as the plaintiffs have claimed. JH says that a certain Sarah S. was lately seised, in her demesne and as of fee, of one messuage, 50 acres of land, and 10 acres of pasture in Great Hallingbury, including that place where the supposed trespass took place. SS, so seised of this property, demised it in Michaelmas 1415, at London, to JH for a term of 15 years then next following. JH was thus possessed of the said property of such estate when SS later died, at which time a certain Agnes S. made entry into the property, during JH's term, as heir of the late SS, 'namely as the daughter of Isabel the daughter of Sarah'. AS then proceeded to give the property to (the plaintiffs) JS, JG, John Wente, and TR, on the pretext of which gift they entered the aforesaid tenement. JH then re-entered the same tenement with appurtenances at the time of the supposed trespass, during his term, and occupied the aforesaid close and houses, allowing his animals to consume the aforesaid hay, as he had good licence to do. SB says that he was simply acting as JH's servant, helping JH to re-enter the aforesaid property as he had good licence to do etc.

Pleading: John Wente, JG, TR, and JS do not acknowledge the allegations of JH and SB, saying instead that a certain Stephen J. was seised of the aforesaid property in his demesne and as of fee long before SS had anything in the same property, and that SJ gave and granted the property to SS and the heirs of her body, by the force of which grant SS was seised of the aforesaid tenement in her demesne as of fee in tail. They say that SS then later died, at which time a certain John Webbe and his wife AS entered the property and were seised of it in demesne and as of fee in tail, AS being the heir of SS in the manner stated above. John Webbe and AS then gave and granted the property to JS, JG, John Wente, and TR who were themselves seised of it in demesne and as of fee at the time of the trespass.

Pleading: JH and SB reiterate their claim that SS was seised of the property in her demesne and as of fee, whence she demised the property to JH for the term aforesaid, by the force of which demise JH was possessed of the property etc.

Pleading: John Wente, JG, TR, and JS reiterate their claim that the property was given by SJ to SS to be held of her and the heirs of her body in fee tail etc. and seek inquiry upon the country, and JH with SB seek likewise. Order to the sheriff of Essex to make a jury come in Easter term 1426.

Postea text: Further licence to imparl, to octave of Hilary 1426, with assent of plaintiffs.

Case notes: further information drawn from CP40/660 rot.433

Court of Common Pleas, CP 40/658, rot. 500

Term: Trinity 1425
County: Gloucestershire
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: William Debenham states that on 6 August 1423 Thomas Yong, along with Agnes Chamberleyn, forcibly broke his close and house at Gloucester and took goods and chattels worth 10m, namely 1000 roof tiles, 1000 laths, 30 beams, 40 posts, 12 pieces of timber called ground-sills, 100 stakes called 'stedes' (studs?), 12 doorframes and 12 windows. They also assaulted two of his tenants, namely John Ludlowe and John Belgrave, both of whom held messuages in Gloucester at an annual rent of 10s each, causing them such great injuries that they withdrew from their tenure, and WD was deprived of their rent and services from that 6 August for one year. This was all against the peace, and to his damage of £40.

Pleading: TY denies force and arms and being against the peace, and everything except the breaking of the close and the taking of the goods. Both parties place themselves on the country. And concerning the breaking of the close and taking the goods, and protesting that the goods were not of the value claimed in the writ, he states that the case should not be maintained, as at the time of the alleged trespass the close and house were his own soil and free tenement, and the goods were timbers and parcels of those buildings, and he thus only entered his own property and took away his own goods, as seemed good to him.

Pleading: WD states that he should not cease his action, as at the time of the trespass the close and house were his soil and free tenement, and not that of TY, as claimed by TY. Both parties seek enquiry on the country. Sheriff to have jury here at [omitted]. Pledges named for defendant.

Postea text: 2 posteas, sheriff did not send writ, to [omitted] of St John the Baptist 1426.

Court of Common Pleas, CP 40/658, rot. 500d

Term: Trinity 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault

Pleading: Robert Burton amerced for many defaults. John Bradfeld states that on 6 October 1424 Robert Burton forcibly assaulted him at Stepney, against the peace and to his damage of £40.

Pleading: RB denies force and arms, and being against the peace. Both parties place themselves on the country. And concerning the rest of the trespass, he states that JB should not have his case, since at the time of the supposed trespass, in Stepney, JB seized him by his arm, wishing to lead ('duxisse') him from the king's highway into a large ditch next to the road. RB therefore pushed him away and knocked him over, this being the assault of which JB complains.

Pleading: JB says that he should have his plea of assault, as RB assaulted and beat him without any cause, as he has claimed. Both parties seek enquiry by the country. Sheriff to have jury here at [omitted].

Court of Common Pleas, CP 40/658, rot. 501

Term: Trinity 1425
County: Middlesex
Writ type: Disseisin
Damages awarded: 50m
Case type: Real action / rents / damage to real estate

Pleading: The assize came to recognise whether John Penne has been disseised of two messuages, one toft, 200 acres of land, 40 acres of meadow, [damaged] acres of woodland and 100 acres of pasture in Hendon, Edgware and Stanmore by William Bury and others.

Pleading: William Bury senior in person and WB junior by Thomas Chipstede, his guardian, both come; the others do not come, but are represented by Robert Charyngworth, their bailiff. And he says nothing for them concerning the assize, and therefore let the assize be taken between JP and the defendants who have not come. And WB junior states that he held nothing in those tenements on the day of the original writ or afterwards, and committed no disseisin, and places himself on the assize. JP also. Let the assize be taken.

Pleading: WB senior, however, states that he committed no disseisin regarding one messuage and two acres of land in Stanmore, and places himself on the assize; let it be taken. And concerning the rest of the tenements, he says that he holds them as of free tenement, and that no assize should be taken, since he says that a certain William Page, kinsman of JP, whose heir he is (WP being the son of Thomas, brother of Ellen, mother of Margaret, mother of Thomas, father of John Penne), by a document which he shows in court, dated 30 August 1409, released to WB senior, then tenant of these remaining tenements, all his rights and claims to this property in perpetuity, for himself and his heirs, which WB senior had of the enfeoffment of Richard Clifford, then bishop of London, Walter Dunwell and Walter Norman. And he seeks judgment if JP has his assize against him, contrary to the terms of this release.

Pleading: JP, protesting that the release was not made of William Page, states that he should not be excluded from his assize, since he says that long before this document, the then bishop, Walter Dunwell and Walter Norman were seised of these tenements, and granted them to WB senior and his wife Margery, and the heirs of their bodies, but if they died without heirs they should remain to the rightful heirs of William Page. They were so seised in fee tail, until Margery died without heirs of her and WB's bodies. WB remained in possession by virtue of the entail, even though all possibility of heirs had gone, but at the time of the document he had no right to extend any agreement in law beyond the term of his life. William Page then died, after which the right to the remainder passed to JP, as heir of WP, but then WB senior alienated the lands to WB junior and his heirs in perpetuity. As this was done without the assent of WP, he re-entered the property, and held this in his demesne as of fee until he was unjustly disseised by the defendants named on the writ.

Pleading: WB senior, not recognising that any such gift was made to him and his wife Margery, as claimed by JP, states that John Haldenby and his wife Margery were seised of these tenements in their demesne as of fee, and thus seised they gave them to the former bishop of London, Walter Dunwell and Walter Norman, who in turn, together with William Faryndon, and along with the manor of Kingsbury and other lands which they had been granted by JH and MH, by a charter which WB shows in court, after the death of MH, granted these lands to WB senior, his heirs and assigns in perpetuity, to hold of the chief lord of the fee, by virtue of which demise WB was seised in his demesne as of fee simple, and with him thus seised in fee simple WP made the release to him.

Pleading: JP states that the former bishop, WD and WN gave these tenements to WB senior and MB and the heirs of their bodies, by virtue of which they were seised as of fee tail, and MB died without such heirs, after which WB held this by virtue of this entail until the time of the making of this document, in this same state, and not that WB was seised as of fee simple at the time of WP's release, as WB alleges.

Pleading: WB senior states that at the time WP released all his rights in this property to him he was seised in fee simple, and he places himself upon the assize. JP also. Let the assize be taken. To Thursday after Michaelmas three weeks, as the recognitors did not come. Same day given to parties.

Postea text: Parties came, assize remains to be taken, as the recognitors did not make the view. To Saturday after All Saints (4 November 1424), and recognitors to make the view on 31 October 1424, under pain of 40s.

Postea text: Parties came, sheriff did not send writ, to 8 November 1424.

Postea text: Parties come, recognitors come, say that WB senior is, and on the day of the original writ was, seised of this property in free tenement, and that at the time of the release by William Page WB was not seised in his demesne in fee simple, just as claimed by JP. And they say that JP was seised of all these tenements, and thus WB senior and all the defendants did disseise JP unjustly, but not with force and arms, to his damage of 50m. Ordered that JP recover seisin of the property, and his damages of 50m assessed by the recognitors. WB senior and all other defendants amerced.