CP40/659: Michaelmas term 1425

Court of Common Pleas, CP 40/659, rot. 101d

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

Pleading: Adam Olton, preceptor (master) of the hospital of St Anthony, London, states that 12 July 1423 Robert Mundys made bond with him in £40. He has been paid £20 of this sum, but RM has not paid the remaining £20, to his damage of 100m. He shows the bond in court.

Pleading: RM granted licence to imparl to octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/659, rot. 105

Term: Michaelmas 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: £200
Case type: Breach of Statute; Embracery

Pleading: Robert Madderer, citing the provisions of the statute of 38 Edward III against embracery, states that on 22 November 1424, Thomas Instock, with John Gybbes and John Candell, embraced an assize of novel disseisin which RM brought against Richard Vitheler, William Vitheler and Richard Jarmayn concerning a tenement in St Andrew Holborn, London, who gave him 100s and a gown lined with grey fur worth 4m. This was in contempt of the king, against the statute and to his damage of £200.

Pleading: TI states that RM should not have his case, as at the time of the assize he was trained in the law, and RV, WV and RJ retained him to be of their counsel in this assize, for which he took the said 100s and the gown as payment, and not that he took these as embracery of the assize, as claimed by RM.

Pleading: RM states that he should not cease his action, as TI did take the 100s and the gown to embrace the assize, as he claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary.

Pleading: [Pleadings followed by mesne process, headed London and Middlesex, for this same case against JG and JC, who did not come. Sheriff of Middlesex ordered to take them, not found, sicut prius to same term.]

Court of Common Pleas, CP 40/659, rot. 106d

Term: Michaelmas 1425
County: London
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John Lee, executor of the will of Robert Lane, and John Manley and Elizabeth his wife, former wife and co-executor with JL of RL, state that on 30 September 1420 John Menston borrowed 5m from RL, but has not paid RL or his executors, to their damage of £10. They show in court the will of RL, by which JL and Elizabeth have executry.

Pleading: John Menston states that he does not owe this or any money as claimed. Ordered that he wager his law at octave of Hilary. One pledge named [other omitted].

Court of Common Pleas, CP 40/659, rot. 107

Term: Michaelmas 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 John Draper in £20, payable at the quindene of Michaelmas next. However, neither he nor his administrators (Alice, former wife of JK, Thomas Randolf and William Pakyn) have paid JD or his executor, and the administrators still detain the sum, to his damage of £40. TD shows the bond in court, and also the will of JD, by which he has executry.

Pleading: Alice, former wife of JK, Thomas Randolf and William Pakyn, protesting that they never administered any of the goods and chattels formerly of JK, state that they should not owe this debt as JD, by a document which they show in court, dated 8 May 1414, released and quitclaimed to JK, for himself and his heirs, all actions real and personal pending between them before that date relating to debts, accounts or other contracts.

Pleading: TD states that the action ought not be excluded, as JD never released JK from this debt by this document, as the administrators claim. Both parties seek enquiry on the country. Sheriff of Hampshire to have jury of Barton Peverel here at octave of Hilary. Document to remain in the custody of Robert Darcy, king's clerk, for safe-keeping.

Court of Common Pleas, CP 40/659, rot. 108

Term: Michaelmas 1425
County: London
Writ type: Detinue
Damages claimed: £10
Case type: Detention of goods; Safe keeping

Pleading: Thomas Mullyng states that on 13 March 1425 he delivered to Thomas Marshall in St Andrew Holborn, London, certain chattels for safe-keeping, namely one [omitted] and one gown of musterdevillers lined with polecat fur ('fychews'), all worth 40s, to be returned on request, but TM has refused to return them, to his damage of £10.

Pleading: Thomas Marshall states that he does not detain these goods from Thomas Mullyng, or any part of them. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Pledges named for defendant.

Court of Common Pleas, CP 40/659, rot. 110

Term: Michaelmas 1425
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Trespass (chattels)

Pleading: Robert Draper amerced for many defaults. John Ferrers states that on 26 June 1424, and at various times between then and the date of his original writ on 20 May 1425, at West Ham, Robert Draper forcibly crushed and destroyed his growing grass worth 40s, against the peace and to his damage of £20.

Pleading: RC denies force and arms, and acting against the peace. Both parties place themselves on the country. And concerning the rest of the trespass, RC, protesting that the grass was not worth the amount given on the writ, states that JF ought not have his action, as at that time the place concerned was the soil and free tenement of himself, John Frank, John Thoralby and William Crowmere, and the grass belonged to them, and he was permitted to destroy it.

Pleading: John Ferrers states that at the time of the trespass the place where the grass was growing was the soil and free tenement of himself, and not of RC, John Frank, JT and WC, as RC claims. Both parties seek enquiry by the country. Sheriff to have jury here at octave of Hilary.

Postea text: Process continued, jury in respite to octave of St John the Baptist 1426. Parties came, jury came, said that at the time of the trespass this place was the sole and free tenement of John Ferrers, and not RC, John Frank, JT and WC. Damages assigned to John Ferrers at 10s, with 100s costs. Ordered that he recover these damages of 110s as assessed. RC to be taken.

Postea text: RC came into court and satisfied John Ferrers of all the damages, and made fine with the king in 6s 8d regarding this matter. Pledges named. RC quit.

Case notes: Property dispute masquerading as trespass case. See also rot 113.

Court of Common Pleas, CP 40/659, rot. 110d

Term: Michaelmas 1425
County: Kent
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: Elizabeth, formerly wife of John Bradfeld, seeks against John Rikhill and Nicholas Rikhill a messuage with appurtenances in Rochester as her right and heritage, in which JR and NR have no entry except by Roger Longford, to whom JB demised this and to which she could not object during his life. She states that she was seised of this property during the time of peace in the reign of Richard II, taking the rents etc.

Pleading: JR and NR defend their right, and call to warranty John Frysby. EB agrees to this. Sheriff of Nottinghamshire to summon JF to be here at octave of Hilary. Same day given to parties.

Postea text: Various posteas, to morrow of All Souls 1427.

Court of Common Pleas, CP 40/659, rot. 113

Term: Michaelmas 1425
County: Essex
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods

Pleading: Robert Cristendom states that on 31 July 1425, at a place called 'Douvehousgrenehawe' in West Ham, John Ferrers, John Fotyng, Richard Hatton and John Halman took two of his horses and unjustly detain them, contrary to their security and pledge and to his damage of £20.

Pleading: John Ferrers, John Fotyng, RH and JH deny force and injury. And John Fotyng, RH and JH say that they did not take these beasts, and place themselves on the country. RC also. John Ferrers states that he took these animals in West Ham, in a place called 'Pandhawe' and not in the place called 'Douvehousgrenehawe'. And he states that he took them justly, since on the day of this taking he held the manor of 'Netherbrettes' (Bretts) in West Ham, of which 'Pandhawe' forms part, for his life of the demise of Richard Hertcombe and John Bailly, and since he found the animals there, depasturing and damaging his grass, he was entitled to take them.

Pleading: RC states that this part of his writ should continue, since he says that 'Douvehousgrenehawe' and 'Pandhawe' are one and the same place.

Pleading: John Ferrers states that these two places are different places, and not one and the same, as RC has claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Hilary.

Case notes: See also rot 110. For will of Robert Cristendom see CCR 1441-7, pp.146-7.

Court of Common Pleas, CP 40/659, rot. 114

Term: Michaelmas 1425
County: London
Writ type: Account
Damages claimed: £200
Case type: 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 states that after the time when JD claims WW was receiver, namely on 5 February 1420, at Newbury, he fully accounted with RD for all money received in that period.

Pleading: JD states that WW did not account with RD for this period as he has claimed. Both parties seek enquiry on the country. Sheriff of Berkshire to have jury of Newbury here at octave of Hilary. Pledges named for defendant.

Postea text: 8 posteas, sheriff of Berkshire did not send writ, to quindene of Easter 1428.

Postea text: Process continued, jury of Berkshire placed in respite to quindene of Hilary 1429. On that day, JD came, WW did not come, and in default. Take the pledges. Jury came, said that WW did not account with RD. Order that WW account, and is amerced.

Case notes: See also CP 40/658, rot 315d

Court of Common Pleas, CP 40/659, rot. 116d

Term: Michaelmas 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 defendants deny responsibility for this assault. All parties place themselves on the country. Sheriff to have jury here at quindene of Martinmas.

Case notes: See also CP 40/658, rot 314.

Court of Common Pleas, CP 40/659, rot. 118

Term: Michaelmas 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 Hilary.

Pleading: [further information drawn from CP40/662 rot.313d] GL says that he was never set forth as JE's receiver in the manner aforesaid and puts himself upon the country, and AC with RH put themselves likewise. Order to the sheriff of Lincolnshire to make a jury come in Michaelmas term 1426.

Postea text: 2 further licences to imparl, to octave of Trinity 1426.

Postea text: 2 posteas - the first forwarding the case as far as Hilary term 1427, and the second forwarding the case as far as Easter term 1427; both say that the sheriff of Lincolnshire did send the writ.

Case notes: Related to CP 40/657 rot 107d. further information drawn from CP40/662 rot.313d.

Court of Common Pleas, CP 40/659, rot. 119

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 20s
Costs: 10s
Case type: Housebreaking; Taking of goods

Pleading: William Husse and Richard Scot amerced for many defaults. Richard Person states that on 26 November 1422, William Husse and Richard Scot forcibly broke his close and house in St Ethelburga's parish, London, and took away 5 horses worth £20, against the peace and to their damage of £40.

Pleading: WH and RS deny force and arms, and acting against the peace. All parties place themselves on the country. And concerning the rest of the trespass, WH and RS, protesting that the horses were not worth as much as is claimed on the writ, say that the case should not continue, since it is the custom in London as elsewhere that citizens of the city may, by their will, establish chantries for one or more chaplains, assigning lands in the city for the upkeep of the chantry and chaplains, without the permission of the king or the chief lord of the fee, and to decide on the appointment of chaplains; and chaplains thus instituted shall have possession of all rents and lands and tenements as enjoyed by their predecessors. They also say that all such bequests in wills were accustomed to be carried out regardless of any variations in wording in the wills or discrepancies in the form. They say that a certain Henry atte Roche was a citizen of London at the time of his death, and was seised in his demesne as of fee of a messuage and three shops in St Ethelburga's parish within Bishopsgate, London, of which the place where the alleged trespass occurred is a parcel. In his will of 11 January 1349, and proved and enrolled in the Hustings of London on 26 January 1349, he left to Nicholas Huberd of Spalding, chaplain in St Martin Pomary, 7m in annual rent for him to celebrate divine service every day for the souls of Henry, his parents, the parents of his friends and benefactors, and all the faithful departed, and 40d for the sustenance of one tortis (candle). This was to be paid as 24s 2d at each of the four principal terms, for the term of Nicholas's life, paid from the rents of this messuage and shops, situated in Bishopsgate, in St Ethelburga's parish, between the household of the earl of Oxford and Henry's stone wall, with a certain house which Henry gave to NH for the term of his life. And after NH's death, Henry ordained by his will that two appropriate and esteemed men of the parish, with the view of the rector of St Martin's at the time, shall choose another chaplain, who shall receive 6m per term and the 40d for the tortis as said. And Henry willed that should this rent of 7m or 6m and the 40d for the tortis be in arrears, then the chaplain and the two parishioners may enter the household and distrain goods to the value of the rent and arrears. NH performed the services and received the rent until his death, and then Richard Biton was elected as chaplain, by Richard Storford and Richard Writham, parishioners, by the view of Thomas Keneele, rector, and he performed the duties and received the rents until his death, when Stephen Benet was elected by John Eston and William Beham, parishioners, by the view of Alan Ston, rector. He too performed the services and received the rent until his death, when Richard Scot, one of the defendants, was elected by Richard Storford and Roger atte Hache, parishioners, by the view of John Beedhed, rector, performing the services and receiving the rents. And since these rents were in arrears from the year 9 Henry V (1421-2) and not paid, William Husse, on the orders of Scot, entered the property and took the horses under distraint, according to custom, for non-payment of the rent.

Pleading: RP, protesting that there was no such custom in the city as Husse and Scot allege, and also not recognising anything said by them, states that he does not need to respond to the plea of Husse and Scot, and seeks judgment and damages.

Pleading: Husse and Scot, since RP did not deny their claims, which they are prepared to verify, and which RP refused entirely to admit, seek judgment, and that RP be excluded from his action. Since the justices are not yet advised of their judgment, day is given here at the quindene of Hilary.

Postea text: Parties come, further days given, to quindene of Easter 1427

Postea text: Parties come, and the record is heard, and it is understood that RP has a writ to the sheriff of London to enquire by jury as to the damage sustained by RP on the occasion of this trespass, and his costs and expenses in his suit. This is granted, returnable here at octave of Trinity.

Postea text: RP came, sheriff sent that the inquisition was held before him at the Guildhall in St Lawrence Jewry on 6 June 1427, and the jurors said that RP sustained 10s in damages and 10s in costs. RP seeks that these be increased, and the justices increase the damages by a further 10s. He is therefore to recover 30s, and Husse and Scot are amerced.

Case notes: Damages assigned, but no judgment recorded. Presumably case was judged elsewhere??

Court of Common Pleas, CP 40/659, rot. 124

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 5m
Case type: Bond

Pleading: Thomas Savage states that on 29 November 1424 John Southam made bond with him in £40, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JS does not deny that he made the bond, and that he owes this £40, but says that he was and is always prepared to pay, and offers to pay here in court.

Pleading: TS states that he ought to recover both the debt and damages for the detention according to the law of the land, since on 20 January 1425, in St Martin Ludgate, London, he asked JS to pay this debt, and JS refused. He is prepared to verify that JS refused to pay, and seeks judgment and that the debt and damages be assigned.

Pleading: JS, not acknowledging anything said by TS, states that he was not summoned, attached, distrained or taken concerning the exaction of the debt, and has acknowledged his writing and debt, and offered to pay TS this £40, and TS has refused to allow this, and he is not required to respond to the other matters in TS's plea, and he seeks judgment and that he be dismissed.

Pleading: Since the matters he alleged are sufficient in law for the recovery of his damages, and since JS has not denied them and has entirely refused to allow the verification, TS seeks judgment, and that the debt and damages be judged. And it seems to the court that, due to the acknowledgement of the action, and since JS has refused to allow the verification, TS should recover the debt and damages. Therefore it is ordered that TS recover the debt, and 5m in damages for the detention. JS amerced.

Postea text: TS acknowledged satisfaction of the debt and damages. JS quit.

Court of Common Pleas, CP 40/659, rot. 125

Term: Michaelmas 1425
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Thomas Bernewell, administrator of the goods and chattels which were of Walter Clerk, said to be the former executor of Robert Calche, states that on 24 July 1419 William Sele rendered account before John Hettesbury and John Bole, auditors, concerning sums received for WC, and was found to be in arrears by £7. However he did not pay this to WC, nor to TB, appointed to administer the goods of WC by David Price, official of John, Bishop of London, to his damage of £20. He shows the letters patent granting him administration.

Pleading: WS seeks judgment on the writ, since he states that it is contained in the official letters aforesaid that administration of all the goods formerly of WC 'alias provost of London', was granted to TB, but in the writ the words 'alias provost' were omitted, and thus it is not clear whether the WC mentioned in the writ and the WC mentioned in the letters might be different people. TB does not deny this omission, as is clear to the court from comparison of the writ and the letters. Therefore it is ordered that TB take nothing for his writ, but is amerced for false claim. WS goes without day.

Case notes: Judgment given on technicality.

Court of Common Pleas, CP 40/659, rot. 125

Term: Michaelmas 1425
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Thomas Bernewell, administrator of the goods and chattels which were of Walter Clerk, said to be the former executor of Robert Calche, states that on 24 July 1419 John Brwere rendered account before John Hettesbury and John Bole, auditors, concerning sums received for WC, and was found to be in arrears by 4m 3s 4d. However he did not pay this to WC, nor to TB, appointed to administer the goods of WC by David Price, official of John, Bishop of London, to his damage of £20. He shows the letters patent granting him administration.

Pleading: JB seeks judgment on the writ, since he states that it is contained in the official letters aforesaid that administration of all the goods formerly of WC 'alias provost of London', was granted to TB, but in the writ the words 'alias provost' were omitted, and thus it is not clear whether the WC mentioned in the writ and the WC mentioned in the letters might be different people. TB does not deny this omission, as is clear to the court from comparison of the writ and the letters. Therefore it is ordered that TB take nothing for his writ, but is amerced for false claim. JB sent without day.

Court of Common Pleas, CP 40/659, rot. 125d

Term: Michaelmas 1425
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Thomas Bernewell, administrator of the goods and chattels which were of Walter Clerk, said to be the former executor of Robert Calche, states that on 24 July 1419 John Brwere rendered account before John Hettesbury and John Bole, auditors, concerning sums received for WC, and was found to be in arrears by 4m 3s 4d. However he did not pay this to WC, nor to TB, appointed to administer the goods of WC by David Price, official of John, Bishop of London, to his damage of £20. He shows the letters patent granting him administration.

Pleading: JS seeks judgment on the writ, since he states that it is contained in the official letters aforesaid that administration of all the goods formerly of WC 'alias provost of London', was granted to TB, but in the writ the words 'alias provost' were omitted, and thus it is not clear whether the WC mentioned in the writ and the WC mentioned in the letters might be different people. TB does not deny this omission, as is clear to the court from comparison of the writ and the letters. Therefore it is ordered that TB take nothing for his writ, but is amerced for false claim. JS sent without day.

Court of Common Pleas, CP 40/659, rot. 126d

Term: Michaelmas 1425
County: Hertfordshire
Writ type: Disseisin
Case type: Dower; Real action / rents / damage to real estate

Pleading: John and Agnes Kymberlee seek against John Hertwell a third part of the manor of Maudelyn [in Northchurch] with appurtenances, as dower of Agnes from William Rokewode, formerly her husband.

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

Postea text: 3 further licences to imparl, to octave of Hilary 1427, with assent.

Case notes: See also CP 40/657, rot 408d, and CP 40/650, rot 526 (Bucks).

Court of Common Pleas, CP 40/659, rot. 127d

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 20s
Costs: £4
Case type: Bond; Imprisonment

Pleading: Thomas Dirland states that on 31 July 1420 William Tylly made bond with him and John Feryman, now deceased, in £12 13s 4d, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: WT states that he should not be bound to this debt, as at the time of the bond he was imprisoned by TD and JL and their associates at Lamberhurst in Kent, and detained there until he made the bond under duress.

Pleading: TD denies this, stating that at the time of the bond WT was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Lamberhurst here at octave of Martinmas. Pledges named.

Postea text: TD came, WT did not come, but made essoin by Thomas Adam that he was in the king's service. Court says that the essoin is not valid, and that he should be here. Therefore judgment found against him by default. Jury in respite to octave of Hilary, as they did not come.

Postea text: Jury in respite to quindene of Easter 1426, nisi prius they come before John Preston, justice, on 15 April 1426 at Maidstone. TD came, justices sent record that on that day before JP and Robert Gudbarn, justices of assize, TD came, jury came, and said that at the time of the bond WT was not imprisoned, and made the bond freely with TD and JF. They assign damages to TD at 20s, and costs of £4. Therefore ordered that TD recover the debt of £12 13s 4d, and damages of 100s. WT amerced.

Postea text: Pledges come into court, and seek to make fine with the king for their surety. This is done, assigned at 2s each by the justices, by pledge of John May and William Hoke.

Court of Common Pleas, CP 40/659, rot. 138

Term: Michaelmas 1425
County: Wiltshire
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: Reginald Kentwode, formerly archdeacon of London, Roger Harwell, archdeacon of Bath, John Dalberd, keeper of Tormarton, John Weston, John Godyn, John Walyngford and William Pyry, executors of Walter Medford, former Dean of Wells, and William Hales and his wife Matilda, sister and co-executor of WM, state that at Michaelmas 1422, at Great Bedwyn, William Barony accounted before John Boure and John Langeford, auditors, regarding sums received by WB for WM, deceased, and was found to be in arrears by £15 9s 3d. However, WB did not pay this to WM, and has not paid his executors, to their damage of £20. They show in court the will of WM, by which they have executry.

Pleading: WB states that he does not detain this or any money from the plaintiffs, as they claim. Both parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/659, rot. 212

Term: Michaelmas 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Thomas Marleburgh states that on 29 May 1424 John Yorke bought from him a certain book of chronicles called 'Policonicon' ('Polychronicon'), for 40s, but has not paid, to his damage of 40s.

Pleading: JY states that he does not owe this or any money to TM as claimed. Ordered that he wager his law at octave of Martinmas. Pledges named for law, and pledges for defendant.

Postea text: Parties come, JY wagers law as offered. TM to take nothing for writ, amerced for false claim. JY and pledges sent without day.

Case notes: related to CP40/664 rot.454d.

Court of Common Pleas, CP 40/659, rot. 305d

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

Pleading: Sheriff was ordered to take William Wodecok of London, draper, one of the mainpernors of Thomas atte Water, and have him here at this day, the morrow of All Souls, and satisfy the king for not having TW here at the octave of Michaelmas last to answer John Alton of Lewisham on a plea of debt. Sheriff sends that before the writ arrived, WW was taken and imprisoned for 41s 1d which John Broker had recovered against him before William Melreth, sheriff, and also for a debt of 8s 4d recovered against him by Thomas Seler. The sheriff presents WW, who is committed to the Fleet prison. JB and Thomas Seler state that they have been satisfied of their debts, and so WW is quit.

Court of Common Pleas, CP 40/659, rot. 308

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

Pleading: William Cavendyssh states that on 13 April 1416 Nicholas Gille made two bonds with him, each in 5m, but has not paid either, to his damage of 20m. He shows the bonds in court.

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

Court of Common Pleas, CP 40/659, rot. 309

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Abduction; Arbitration

Pleading: Robert Ingram states that on 4 August 1425 Robert Meke forcibly abducted William Ewesell, his apprentice, in St Giles Cripplegate, London, to his damage of £40.

Pleading: RM denies force and arms and being against the peace. Both parties place themselves on the country. And concerning the rest, he says that RI should not have his suit, since long after the alleged trespass, on 10 September 1425, in Coventry, RI entered into arbitration with him, before John Godesley and John Rook, chosen by both of them, on this and all other outstanding disputed between them, and they decided that RM should pay RI 10s in compensation in full satisfaction for all outstanding disputes, which he duly paid.

Pleading: RM, protesting that he never placed himself in arbitration as claimed, states that there was never any such arbitration or agreement, as claimed by RI. Both parties seek enquiry on the country. Sheriff of Warwickshire to have jury of Coventry here at octave of Hilary.

Court of Common Pleas, CP 40/659, rot. 311

Term: Michaelmas 1425
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Debt

Pleading: John Grantesden states that at Michaelmas 1424, and at various times in the following month, Edmund Talworth, together with other malefactors, namely Henry Warclyf and William Thorp, lay in wait for him at Plumstead intending to kill him, and threatened him so greatly that he dare not conduct his business, particularly the tilling of his land, for that month, and he also assaulted his men and servants, namely John Billyng, Agnes Werde, and Joan Alfowe, as a result of which he lost their service for this same period. This was all to his damage of £20.

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

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

Court of Common Pleas, CP 40/659, rot. 322

Term: Michaelmas 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 20s
Costs: 20s
Case type: Housebreaking; Taking of goods

Pleading: William Loveney states that on 9 April 1425 William Bradwey forcibly broke his close and house in Westminster and took away goods to the value of £20, namely tables, canopies and beds, against the peace and to his damage of £40.

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

Postea text: Process continued, jury in respite to octave of St John the Baptist 1426. Parties come, jury comes, says that WB is responsible for breaking the close and house, as WL claimed. And concerning the rest, the jury say he is not responsible. Assign damage to WL at 20s, and costs of 13s 4d. Ordered that WL recover these damages of 33s 4d, as well as 6s 8d requested by WL and awarded by the justices. Total of 40s. WB is taken. WL amerced for false claim regarding the remainder of the trespass, for which WB is acquitted and sent without day. WB comes and pays the damages to the attorney of WL, and seeks to make fine with the king. This is agreed, at 3s 4d, by pledge of John Wynryssh and Richard Jonson. WB quit.

Court of Common Pleas, CP 40/659, rot. 323

Term: Michaelmas 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: £60
Case type: Sale of goods

Pleading: William Tillere states that on 10 October 1412 Thomas Ryngewode ordered banners, pennants and other silk adornments from him to a value of £42 7s 3d, payable on delivery to the Wardrobe. WT delivered these goods, but TR did not pay, to his damage of £60.

Pleading: TR states that he does not owe this or any money as claimed. Seeks to wager his law immediately, and he does so. WT to take nothing for his writ, but amerced for false claim. WR quit.

Court of Common Pleas, CP 40/659, rot. 330

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

Pleading: Adam [Prianho], prior of Modbury, alias Adam Praellis, amerced for many defaults. John Fox states that on 8 August 1422 Adam, prior of Modbury made bond with him in 100m. AP has paid 40m, but has not paid the remaining £40, to his damage of £40. He shows the bond in court.

Pleading: AP granted licence to imparl to octave of Hilary, with assent of plaintiff.

Postea text: Further licence to imparl, to quindene of Easter 1426, with assent.

Court of Common Pleas, CP 40/659, rot. 331d

Term: Michaelmas 1425
County: London
Writ type: Debt (account)
Damages claimed: £20
Case type: Reckoning of account

Pleading: John Byron states that on 10 February 1425 Robert Irlond accounted before William Bothe and Thomas Lyversegge, auditors, for various sums of money received by him for JB, and was found to be in arrears by £22. However, RI has not paid this, to his damage of £20.

Pleading: RI granted licence to imparl to octave of Hilary, with assent of JB.

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

Court of Common Pleas, CP 40/659, rot. 331d

Term: Michaelmas 1425
County: London
Writ type: Debt (loan)
Damages claimed: £60
Case type: Loan

Pleading: Henry Bottenham states that on 3 November 1421 William Dressour borrowed £40 from him, payable at Christmas next, but has not paid, to his damage of £60.

Pleading: WD states that he does not owe this or any money to HB as he claims. Offers to make his law, which is granted, and he does so immediately. HB to take nothing for his writ, amerced for false claim. WD sent without day.

Court of Common Pleas, CP 40/659, rot. 335d

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

Pleading: John Shenefeld states that on 24 June 1424 he demised at farm to Demetrius de Serno a messuage with appurtenances in St Clement Danes, to hold from that date for one year, at a rent of 40s. DS held this property for that year, but has not paid this rent, and is in arrears for this 40s, to his damage of 100s.

Pleading: DA granted licence to imparl to octave of Hilary, with assent of JS. Pledges named.

Court of Common Pleas, CP 40/659, rot. 352

Term: Michaelmas 1425
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: John Kent and his wife Agnes state that on 8 June 1416 William Bradwey, together with William Gentill, forcibly assaulted Agnes in Southwark, against the peace and to their damage of £20.

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

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

Court of Common Pleas, CP 40/659, rot. 391

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

Pleading: Thomas Gerard states that on 3 March 1422 John Merssh made a bond with him in £40 15s 3¾d, which he shows in court. He has been paid the 15s 3¾d, but JM has not paid the remaining £40, to his damage of £40.

Pleading: JM states that he should not be bound to this debt, as he is a lay man and illiterate, and that the bond was read to him containing a certain condition, namely that if John Ederych should arrive with three captains, all armed for war, to join TG in the company of John [of Lancaster], duke of Bedford, to serve in France from Easter to Michaelmas next (1422), then the bond shall be cancelled; otherwise it shall remain in force. And since this bond does not contain this condition, JM states that the bond was not of his making.

Pleading: TG states that his action ought to continue, since it was read to JM in English without any such condition, and hence it was made of JM. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary. Bond to remain in custody of Robert Darcy.

Court of Common Pleas, CP 40/659, rot. 422

Term: Michaelmas 1425
County: Middlesex
Writ type: Disseisin
Damages awarded: £40
Case type: Real action / rents / damage to real estate

Pleading: The assize came to recognise whether William Bury Sen. and Joan his wife, William Bury Jr., Roger Saperton, Thomas Dygge, William Sutton, John atte Water, John Dygon, William Baker, John Haweden and William Wytton unjustly disseised John Penne of his free tenement in Kingsbury. JP claims they disseised him of the manor of Kingsbury, etc.

Pleading: Defendants say nothing against the taking of the assize, so it is taken. Recognitors come, say that JP was seised of the manor with appurtenances in his demesne as of free tenement, until the defendants unjustly disseised him, not by force and arms, to his damage of £40. Ordered that JP recover his seisin, and his damages at £40. Defendants amerced. JP remits the damages.

Court of Common Pleas, CP 40/659, rot. 425

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond

Pleading: Paul Melion states that on 5 November 1420 Thomas Marny, deceased, made bond with him in £170 14s 2d, but did not pay, and nor has his widow and executor, Margaret, who still detains the money, to his damage of £200. He shows the bond in court.

Pleading: Margaret Marny states that in his will TM appointed both herself and a certain Robert Teye as his executors, and RT various goods and chattels which were of TM, namely at Ticehurst in Sussex. This she is prepared to verify, and as RT is not named on the writ, she seeks judgment on the writ.

Pleading: PM states that his writ should stand, since RT never administered any goods of TM as his executor, as MM claims. Both parties seek enquiry on the country. Sheriff of Sussex to have jury of Ticehurst here at quindene of Hilary. Pledges named for defendant. MM appointed William Fynyngham as her attorney, after he had been removed as a pledge for PM with the assent of PM.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1426. Parties came, some of the jurors came and were sworn, others did not come. And of a further ten, some came and others did not come. And PM challenged the second panel, saying that they had been arrayed by Thomas Leukenore, the sheriff, who was married to the sister of Thomas Echyngham, now the husband of MM., and he states that the judgment should not proceed. MM does not deny this. The second arraignment of ten are therefore removed. Jury in respite to quindene of Hilary 1427, for default of jury, which did not come. Coroners of Sussex to have the jury etc.

Court of Common Pleas, CP 40/659, rot. 428d

Term: Michaelmas 1425
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: Thomas Elbrigge states that at Michaelmas 1419 he was retained by William White to serve him as an illuminator of books for two years, receiving, in addition to his necessary food and drink, 100s per year. Although he served him well and faithfully in this office, WW did not pay him these wages, amounting to £10, and his executor still detains this sum, to his damage of £20.

Pleading: RH, executor of WW, citing the terms of the Statute of Additions, states that now, and on the date of the original writ, he was staying at Eastbourne and not at Arundel, as the writ supposes.

Pleading: TE states that the suit should continue, since on the day of the original writ, namely [omitted], RH was staying at Arundel and not Eastbourne. Both parties seek enquiry on the country, Pledges named for defendant.

Postea text: Sheriff did not send writ, sicut prius, to quindene of Easter 1426.

Court of Common Pleas, CP 40/659, rot. 429

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Abduction; Assault

Pleading: William Keri states that on 11 June 1425 Thomas Grene forcibly assaulted him, and took and abducted Agnes Keri, his servant, so that he lost her service for a long time, from that date to the date of his original writ, namely [omitted]. This was against the peace, and to his damage of £40.

Pleading: TG denies force and arms and being against the peace. Both parties place themselves on the country. And regarding the rest of the plea, he states that WK should not have his action, since long before the attack, on 30 January 1425, at Clearwell in Newland parish, Gloucestershire, he and Agnes agreed to marry each other, and consequently he took Agnes into his service for her safety until their marriage. However, afterwards, WK took Agnes away from him, against her will, and kept her in his service until the day of the trespass, when TG took her out of WK's service and into his own. WK, wishing to prevent this, attacked him, and so TG defended himself. The alleged trespass was therefore committed in self defence.

Pleading: WK states that TG forcibly assaulted him, and abducted Agnes, as a result of which he lost her service, as he alleged. Both parties place themselves on the country. Sheriff to have jury here at quindene of Hilary.

Postea text: Sheriff did not send writ, sicut prius, to Easter three weeks.

Postea text: TG came, WK did not prosecute his writ. WK and pledges amerced. TG sent without day.

Court of Common Pleas, CP 40/659, rot. 430d

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

Pleading: Richard Smale states that on 19 August 1425, in St Nicholas Shambles, London, he accounted before John Ropley and Richard Fyne, auditors appointed by Thomas Cogger, for the time when he was receiver of moneys for TC, and was found to be in surplus by 40s. However, TC has not re-paid this sum, to his damage of 100s.

Pleading: TC states that he does not owe RS 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 the writ, to quindene of Trinity 1426.

Court of Common Pleas, CP 40/659, rot. 432

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Damages claimed: 200m
Case type: Bond

Pleading: John Shadworth and Thomas Aleyn, mercers of London, state that on 13 September 1412 Thomas, earl of Arundel and Surrey, now deceased, made bond with them, along with William Marcheford and Simon Flete, mercers of London, and Peter Geveyn, all deceased, in £149, payable at Easter next. However, neither the earl nor his executors have paid, to their damage of 200m. They show the bond in court.

Pleading: The executors of Thomas, earl of Arundel and Surrey, state that JS and TA ought not to have their action against them, since the archbishop, JW, WB and WR never administered any goods as executors of the earl, as they are prepared to verify, while the countess and JB state that they had made full administration of the goods of the earl long before the date of the original writ of JS and TA, as they are prepared to verify.

Pleading: JS and TA state that they should not be excluded from their action, stating that the archbishop, JW, WB and WR did administer goods formerly of the earl in London, in the parish of St Lawrence Pountney, Dowgate ward. All parties seek enquiry on the country. And concerning the plea of the countess and JB, they state that on the day of their original writ, namely [omitted] 3 Henry VI, the countess and JB, together with, etc, in the same parish and ward, had goods formerly of the earl and not administered sufficient to pay their debt. All parties seek enquiry on the country. Sheriff to have jury here at quindene of Martinmas.

Pleading: [rot 533d - record that jury in respite for non-attendance in this case, to octave of Hilary.]

Postea text: Parties came, jury in respite to octave of Purification nisi prius they come before William Babyngton, justice of the bench, on 6 February 1426 at St Martin le Grand. Parties came, chief justice sent record that on that day, before WB and John Drayton, parties came, jury came, said that the Archbishop, JW, WB and WR never administered any goods formerly of the earl as his executors. They also say that before the date of the original writ, namely 7 October 1424, the countess and JB had administered the goods of the earl as he had specified, and as they had claimed. JS and TA to take nothing for their writ, but are amerced for false claim. Executors sent without day, and are quit of the debt.

Court of Common Pleas, CP 40/659, rot. 435d

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

Pleading: Clement Lyffyn states that on 15 January 1422 Thomas Wodecok made bond with him in £8, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: TW 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 octave of Hilary. Pledges named for defendant. Bond to remain in custody of Robert Darcy, king's clerk, for safe-keeping.

Court of Common Pleas, CP 40/659, rot. 438

Term: Michaelmas 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Arbitration; 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 state that the action should not continue, as on 28 September 1424 RB agreed to stand in arbitration on this and other personal matters outstanding between them at Costessey before Robert Skynner and John Withy, and they decided that the actions brought by Babes and Pycot against Broughton exceeded that brought by Broughton against Babes and Pycot, and hence Broughton should pay to Babes and Pycot 6s in full satisfaction of all outstanding actions between them, and that all outstanding actions should be quit.

Pleading: Broughton, protesting that the arbiters never made any judgment on this matter, states that he should not be excluded from his action since he never agreed to stand in arbitration of these arbiters as claimed by the defendants, as he is prepared to verify, and he seeks judgment and damages.

Pleading: Babes and Pycot state that Broughton did place himself in arbitration on this matter, as they claimed Both parties place themselves on the country. Sheriff of Norfolk to have jury of Costessey here at octave of Hilary.

Case notes: See also CP 40/658, rot 404

Court of Common Pleas, CP 40/659, rot. 500

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Arbitration; Taking of goods

Pleading: William Clerk states that on 6 October 1410, at Westminster, Margery Wase, while a single woman, forcibly took goods and chattels belonging to him, namely one mazer, twelve silver spoons, one scarlet gown edged with grey, a green gown edged with calaber, a girdle decorated with silver, brazen ('enea'), copper ('erea') and leaden vessels, linen and woollen cloth, and other household utensils, to a value of £20 6s 8d. This was against the peace, and to his damage of £40.

Pleading: William and Margery Wase deny force and arms and being against the peace. Both parties place themselves on the country. Concerning the rest of the trespass they say that the action should not continue, since long after the alleged trespass, on 3 November 1422, both they and WC placed themselves in arbitration before John Baker and Robert Hill, arbiters chosen by all parties, regarding this and all other outstanding issues between them, and the arbiters decided that WW and MW should pay WC 6s 8d, which they duly paid according to the terms of the arbitration.

Pleading: WC states that he never had any such arbitration, as claimed by the defendants. Both parties seek enquiry on the country. Sheriff of London to have jury here at quindene of Hilary.

Court of Common Pleas, CP 40/659, rot. 512d

Term: Michaelmas 1425
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: John Shortwade states that on 12 March 1423 William Bussell borrowed 40s from him, but has not re-paid this, to his damage of 40s.

Pleading: WB (recte from Thomas) states that he does not owe JS this or any money as he claims. Order that he wager his law at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/659, rot. 512d

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

Pleading: John Fauntleroy states that on 16 February 1421 Thomas Frome made bond with him in 50s, which he shows in court, but has not paid, to his damage of 50s.

Pleading: TF granted licence to imparl to morrow of the Purification. Pledges named.

Postea text: 6 further licences to imparl, to octave of Michaelmas 1427.

Court of Common Pleas, CP 40/659, rot. 528

Term: Michaelmas 1425
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Debt; Housebreaking

Pleading: Thomas Shragger states that on 19 December 1424 William Norman forcibly broke his close at North Lambeth, and assaulted him and his tenants, namely Thomas Peke and Robert Knakke (each of whom held a messuage in North Lambeth at a rent of 10s), and caused them such great injuries that the tenants have withdrawn from their tenure, and thus TS has lost their rents for a long time, namely from that 19 December until 1 January 1425. This was against the peace, and to his damage of £40.

Pleading: WN denies force and arms, and all the trespass except breaking the close. Both parties place themselves on the country. And regarding the breaking of the close, he says TS ought not maintain his action, since he says that the close is, and was at that time, his own soil and free tenement, and he entered it as he should. He is prepared to verify this, and did not intend any injury.

Pleading: TS, not acknowledging anything said by WN, says that a certain Nicholas Norman, son and heir of Walter Norman, father of William N, whose heir he is, was formerly seised of a messuage and 3 roods of land in North Lambeth, of which this close is a parcel, in his demesne as of fee, and then, by a charter which TS shows in court, dated at Lambeth on 9 January 1386, granted this messuage, which Walter N had of the gift of Edward III, to John Hellegay and his wife Sarah, and their heirs in perpetuity. JH and SH were seised until JH died, when SH then married Robert Caym. They were then seised of the property, and by another charter, which TS shows in court, dated at Lambeth on 18 January 1396, they granted the property to Henry Rosefeld alias Marchall and his wife Eleanor, describing it as one tenement and three roods of land with appurtenances, which tenement contains in length, from the banks of the Thames to the said 3 roods, 11 perches and 3 feet, and in width at the western end to the Thames 3 yards 7½ feet, and in the middle of the garden of the tenement 3 yards 13 feet, of which 2 feet include a wall next to the tenement of John Chamberleyn, and at the eastern end, upon the said 3 roods, 3 yards 5 feet and 4 inches, this being the same property purchased from Nicholas Norman, and granted to Henry and Eleanor and their heirs in perpetuity. Henry was thus seised as of fee, and Eleanor as of free tenement, and by a fine levied in the court of Richard II at the octave of Trinity 1397 before William Thirnyng and his fellow justices, and recorded at the octave of Michaelmas 1397, Robert and Sarah Caym recognized that this property was the right of Henry, held by Henry and Eleanor of the gift of Robert and Sarah, and they quitclaimed all claims to the property to Henry and Eleanor and their heirs, with warranty against all people. Henry and Eleanor thus remained in seisin. Henry died, and Eleanor, remaining in seisin as of free tenement, granted the property to Thomas Shragger for term of her life, by virtue of which gift Thomas Shragger was seised as of free tenement until William Norman, supposing that Henry died seised of the property in his demesne as of fee and contrary to the charter of his father Nicholas, entered the property, breaking the close. He is prepared to verify this, since William N has acknowledged that he broke the close, and seeks justice and damages for the trespass.

Pleading: WN, not acknowledging anything said by TS, states that the property was his soil and free tenement, and was at the time of the trespass, and he entered it rightfully, and not that any of this property was transferred to John and Sarah Hellegay by the charter under the name of Nicholas N, as shown in court. This he is prepared to verify, and seeks judgment concerning the breaking of the close, and that TS be precluded from his action.

Pleading: TS states that the property was transferred to the possession of John and Sarah Hellegay by this charter of Nicholas Norman. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Hilary.

Court of Common Pleas, CP 40/659, rot. 530

Term: Michaelmas 1425
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: 100m
Case type: Housebreaking; Taking of goods

Pleading: Robert Garlond states that on 1 November 1424 John Draypole forcibly broke his close and house at Stanford le Hope and took goods and chattels to the value of £40, namely a psalter, one portas (portable breviary), 40 quarters of malt, 40 quarters of grain, 40 quarters of barley and 40 quarters of peas, and threatened his men and servants, namely Stephen atte Lee and John Eliot, so greatly that they did not dare perform their duties, such as tilling 20 acres of his land, for a long time, from that date until Christmas, depriving him of their service. This was against the peace, and to his damage of 100m.

Pleading: JD granted licence to imparl to octave of Hilary, with assent of plaintiff.

Pleading: [further information drawn from CP40/660 rot.337 - Hilary 1426] JD comes and says that he did not come with force and arms, and denies the trespass. Concerning this JD puts himself on the country, and RG puts himself likewise. Concerning the accusation of close and house breaking JD says that RG should not continue the action against him. JD says that a certain Richard Garland, painter, of London, was lately seised in his demesne and as of fee, of one messuage, 38 acres of land, five acres of pasture, 60 acres of marsh ('marisci', possibly rushes) and 18s. rents with appurtenances in Corringham and Stanford-le-Hope, Essex, of which the close and house aforesaid are a parcel. [There follows several membranes, including details of charters, in which JD and RG make claims and counterclaims to the rightful possession of the land in question. In summary, JD claims that a certain Richard Garland, by way of his charter, granted the aforesaid tenement to William Bonauntir, William Duke, Thomas atte Wode and John Parker to be had by themselves and their heirs in perpetuity, by way of which grant JD ultimately argues he has a valid claim to the said tenement. Robert Garlond claims that Richard Garlond did not grant the said tenement to the parties named in the manner claimed by JD.] JD puts himself upon the country, and the plaintiffs put themselves likewise. Order to the sheriff of Essex to make a jury come in the quindene of Easter term 1426. The bond is put into the custody of chief clerk Robert Darcy.

Postea text: The sheriff does not send the writ and the case is forwarded as far as the morrow of the Ascension of the Lord.

Postea text: The sheriff returns that the witness (testes) aforesaid has died, and the jury, which did not come, is placed in respite as far as the octave of trinity term 1426. The sheriff is to find ‘decem tales’.

Postea text: on 12 July, 4 Henry VI, the aforesaid charter is delivered to chief justice William Babyngton. Therefore, clerk Robery Darcy is quit of it.

Postea text: Continuance of process as far as the octave of Michaelmas 5 Henry VI , unless the case should first be heard at the assize of Chelmsford on Tuesday next before the feast of St Margaret the virgin next coming.

Postea text: Record is sent that, at assize, a jury came and found in favour of Robert Garlond on all claims, excepting some of the goods taken. Robert Garlond is awarded damages, above and beyond costs, of 20s. And for costs, Robert Garlond is to receive an additional 100s. JD is committed to the Fleet Prison.

Postea text: later, on 25 January, 5 Henry VI, the charter is returned to chief clerk Robert Darcy. Therefore William Babyngton is quit of it.

Postea text: Later, on 12 February, 5 Henry VI, a writ of error is present to the court, issued at Westminster on 14 January, 5 Henry VI.

Case notes: further information drawn from CP40/660 rot.337

Court of Common Pleas, CP 40/659, rot. 533d

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

Pleading: John Botiller states that on 10 February 1419 Thomas Wodelowe made three bonds with him, each in 40s, payable at Michaelmas and Christmas 1419 and Easter 1420 respectively. However, TW has not paid any of these bonds, to his damage of £10. He shows the bonds in court.

Pleading: TW, citing the terms of the Statute of Additions, states that now, and at the time of JB's original writ, he was living at Marston in Warwickshire, and not at Warwick, as the writ states. He is prepared to verify this, and seeks judgment on the original writ.

Pleading: JB states that the writ should stand, as on the day of the original writ, namely [omitted], TW was living at Warwick as given in the writ. Both parties seek enquiry on the country. Sheriff of Warwickshire to have jury here on the morrow of the Purification. Pledges named for defendant.

Court of Common Pleas, CP 40/659, rot. 535d

Term: Michaelmas 1425
County: Sussex
Writ type: Trespass (against statute)
Damages claimed: £300
Case type: Breach of Statute; Real action / rents / damage to real estate; Trespass (chattels)

Pleading: William Okkele and Idonea his wife amerced for many defaults. Thomas Echyngham, citing the terms of an ordinance against the wasting of property demised for limited term, states that whereas William and Idonea Okkele held for the life of Idonea, of the inheritance of TE and of the demise of William Echyngham, late lord of Etchingham and father of TE, two messuages, 200 acres of land and 6 acres of wood with appurtenances in Brightling and Mountfield, they made waste of this property, namely digging, taking and selling the marl from an acre of land in Brightling, to a value of 40s, taking down and selling the timber from the hall there worth £40, two chambers each worth 10m, a stable worth 100s and a cattle shed worth 100s, and also cutting down and selling 100 oaks each worth 20d and 100 beech trees each worth 16d from the woods in Brightling, and 20 apple trees from the gardens, each worth 40d. In Mountfield, they have also taken down and sold the timber from a hall worth £40, two chambers each worth 10m, a stable worth 100s and a cattle shed worth 100s, and have cut down from the woodland 100 oaks, each worth 20d, and 100 beech trees each worth 16d, and 20 apple trees from the gardens, each worth 40d. This is all to the disinheritance of TE, against the form of the ordinance, and to his damage of £300.

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

Pleading: [further information drawn from CP40660 rot.106 - Hilary 1426] WO and IO say that IO has no interest in the aforesaid property by was of the demise of the late WE, as is claimed in TE's writ, nor have they laid waste to any part of the aforesaid property. WO and IO put themselves upon the country, and TE puts himself likewise. Order to the sheriff of Sussex to make a jury come in Easter term 1426.

Postea text: postea 1 - continuance between the parties as far as trinity term 1426.

Postea text: postea 2 - TE comes before the court, and the case is to remain without day as WO is now in the service of Humphrey L., Duke of Gloucester, at Guines Castle for one year next following 21/04/1426. Letters patent to this effect, given 21/04/1426, are presented to the court.

Case notes: further information drawn from CP40/660 rot.106

Court of Common Pleas, CP 40/659, rot. 537

Term: Michaelmas 1425
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: The mayor and sheriffs of London the record of a case before them in the court of Hustings, as follows. Pleas held in the Hustings of London, Monday after Martinmas (12 November) 1425. Elsewhere in the Hustings, on 3 April 1424, Hugh Cavendyssh, by attorney, sought against Thomas Rikhyll three messuages and six shops with appurtenances in London. TR, by attorney, vouched to warrant William Skrene, and process continued to call him until this day. On this day the parties came by attorney, as did WS, by John Mordon, his attorney, and vouched warranty for TR for these messuages and shops. And for this HC sought against WS the property in St Dunstan parish, Tower ward, London. HC stated that Lawrence de Brahyngg was seised of these messuages and shops in his demesne as of fee in the time of Edward III, and, according to the customs of London, regarding this and all other lands in the city and suburbs, by his will proved in the Hustings on 16 November 1349, he stated that these messuages and shops should pass to his wife Ellen for the term of her life. After her death, he stated that one messuage and six shops, being all property between Thames Street to the north and the Thames to the south, were to pass to his son Lawrence and his legitimate heirs, while the other two messuages, being those lying between the tenement of Richard de Pelham to the west, Spurrier Lane to the east, Thames Street to the south and the tenement of Hugh de Wychyngham, formerly of Nicholas Pyk to the north, were to pass to his other son, John, and his legitimate heirs. If either son died without legitimate heirs, then the property was to pass to the other, and if both died without heirs, then he willed that all three messuages and six shops were to pass to his daughter, Margaret, and her legitimate heirs. LB the testator died seised of the property in his demesne as of fee, and the property passed to Ellen, who was seised of it in her demesne as of free tenement. She too died seised, and since both sons had died without heirs, the property passed to Margaret, who held it in her demesne as of fee tail by virtue of the legacy of LB the testator. From her the right to this property descended to her son Thomas, and from him to the said Hugh Cavendyssh, as son and heir of Thomas, to whom the property ought to descend.

Pleading: William Skerne calls further to warrant William Rikhyll, in Kent and Essex. HC grants this. Day is therefore given to the parties to be before the justices of the Bench at the quindene of Martinmas, since the Hustings has no power to send to Kent and Essex. At that day, the parties came, and sought writ to the sheriffs of Kent and Essex to summon William Rikhyll to be here to warrant William Skrene for these messuages and shops. This is granted. Order to the sheriffs of Kent and Essex to summon William Rikhyll to be here at Easter five weeks to warrant etc..

Case notes: no county heading.

Court of Common Pleas, CP 40/659, rot. 538

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

Pleading: Robert Bettesham states that on 21 August 1424 Thomas Bakwell and Henry Leche forcibly broke his close at Mepoham and cut and carried off his grain, namely peas and vetches, worth 100s, against the peace and to his damage of £20.

Pleading: TB and HL deny force and arms and being against the peace. Both parties place themselves on the country. And concerning the rest of the trespass, TB and HL, protesting that the crops were not worth as much as RB has claimed, state that RB ought not have his action, since TB states that William Bettesham, father of RB, long before that date, was seised in his demesne as of fee of a messuage and 8 acres of land in Meopham, of which the place where this trespass is alleged to have occurred is a parcel, and thus seised he enfeoffed TB with this property, by virtue of which he was seised in his demesne as of fee. WB then died, and RB, supposing that WB died seised of the property, entered it as son and heir, following which TB, by virtue of the enfeoffment, re-entered it and cut the crops, etc., as he was entitled to do. And HL states that at the time of the trespass he was a servant of TB, and came with TB on his orders to help him in this matter.

Pleading: RB states that TB and HL forcibly broke his close and cut and took away his crops, as he alleged earlier, and not that his father enfeoffed TB with this property as the defendants allege. This he is prepared to verify, and since the defendants acknowledge the trespass he seeks judgment and damages on this trespass.

Pleading: TB and HL state that did enfeoff TB with this property as they stated. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary.

Postea text: 4 posteas, to quindene of Michaelmas 1426

Court of Common Pleas, CP 40/659, rot. 542d

Term: Michaelmas 1425
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods

Pleading: William Weston states that on 23 September 1422 John Elys forcibly broke his close at Dulwich and took various goods to the value of 40s, namely 4500 tiles, 12 tie-beams (couples), two posts, four rafters, 10 punches and sheaves of grain, against the peace and to his damage of £10.

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

Court of Common Pleas, CP 40/659, rot. 552d

Term: Michaelmas 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: 10m
Case type: Trespass (chattels)

Pleading: John Thornham states that on 27 April 1424, and on various occasions between then and Michaelmas 1424, Joan Carpenter, together with Thomas Chestre, forcibly destroyed his grass growing at Tottenham worth 100s, against the peace and to his damage of 10m.

Pleading: JC denies force and arms and being against the peace. Both parties place themselves on the country. And concerning the depasturing of the grass, she states that at the time of the supposed trespass she was seised of a messuage and four acres of land in Tottenham, by virtue of which she had common of pasture there to graze her beasts. At this time her beasts were on the king's road, which lay next to the close of JT, and since this close was not properly enclosed, her beasts strayed from the road into his close, and thus destroyed his grass.

Pleading: JT states that at the time of this trespass his close was properly enclosed. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Hilary.

Pleading: [Further mesne process follows on same trespass, of JT against Thomas Chestre, who did not come. Sheriff to attach him, states that he has nothing. Sheriff to take TC for same term.]

Court of Common Pleas, CP 40/659, rot. 566

Term: Michaelmas 1425
County: Hertfordshire
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Housebreaking; Taking of goods

Pleading: Henry, William, Simon and Reginald Strete amerced for many defaults. John Hertwell states that on 14 November 1423 Henry Strete, William Strete, Simon Strete and Reginald Strete forcibly broke his close at Northchurch and carried away goods and chattels worth £40, namely one saddle ('cellam'), one pair of linen sheets of Rennes, six silver cups ('ciphos'), two silver spoons, three mazers bound and gilded with silver, six brass ('eneas') plates, six brass ('eneas') pots and other household utensils, and also assaulted his servants, namely John Gilly and Lewis Tyller, so that he was deprived of their service for 15 days. This was against the peace, and to his damage of £100.

Pleading: The defendants are granted licence to imparl to octave of Hilary, with assent of plaintiff.

Court of Common Pleas, CP 40/659, rot. 569

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

Pleading: Robert Coventre, Richard Cladych and John Kirkeby, executors of the will of John Claveryng, state that on 13 May 1420 William Rotse made bond with JC in £4 5s, which they show in court, but has not paid either JC during his lifetime or his executors, to their damage of 100s.

Pleading: WR states that he should not pay this debt, as this bond was not of his making. All parties place themselves on the country. Sheriff to have jury here at octave of Hilary. Pledges named for defendant.

Court of Common Pleas, CP 40/659, rot. 569d

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Case type: Housebreaking; Taking of goods

Pleading: John Beltham states that on [omitted, reign of Henry VI], Geoffrey Vey forcibly broke into his house in London [parish and ward omitted] and carried off goods and chattels worth 40s, namely one gold necklace ('monile'), two silver spoons, two tablecloths and other household utensils, against the peace and to his damage of 10m.

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

Court of Common Pleas, CP 40/659, rot. 573

Term: Michaelmas 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Imprisonment; Taking of goods

Pleading: Thomas Kirkeby states that on 13 September 1424 John Blont, John Shawe, Richard Shawe, Thomas Shawe, Thomas Crok and Joan his wife, Richard Grene and William Troponell forcibly broke into his house in the parish of St Giles Cripplegate and assaulted him, beating wounding and imprisoning him, and holding him until he made fine with them in 40s, and also took goods and chattels worth £30, namely broken silver ('argentum fractum', money of less than 1d), a poleaxe, an axe, a chest called a 'powderbox', a scythe, a latten ('electrum') salt-cellar, a pair of sleeves ('manucarum') of green cloth, brass ('enea'), copper ('erea') and latten ('electra') vessels and other household utensils, against the peace and to his damage of £40.

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

Postea text: 6 posteas, date given at various terms, to octave of Michaelmas 1427.

Case notes: See also previous case - same plea, different defendants.

Court of Common Pleas, CP 40/659, rot. 573

Term: Michaelmas 1425
County: Middlesex
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Housebreaking; Imprisonment; Taking of goods

Pleading: Thomas Kirkeby states that on 13 September 1424 Adam Forster, Richard Forster, John Smyth, John Deyster, Alexander Danber, Philip Danber, John Carter and William Carpenter forcibly broke into his house in the parish of St Giles Cripplegate and assaulted him, beating wounding and imprisoning him, and holding him until he made fine with them in 40s, and also took goods and chattels worth £30, namely broken silver ('argentum fractum', money of less than 1d), a poleaxe, an axe, a chest called a 'powderbox', a scythe, a latten ('electrum') salt-cellar, a pair of sleeves ('manucarum') of green cloth, brass ('enea'), copper ('erea') and latten ('electra') vessels and other household utensils, against the peace and to his damage of £40.

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

Postea text: 6 posteas, date given at various terms, to octave of Michaelmas 1427.

Case notes: See also next case - same plea, different defendants.

Court of Common Pleas, CP 40/659, rot. 573d

Term: Michaelmas 1425
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £100
Case type: Housebreaking; Taking of goods; Trespass (chattels)

Pleading: William Waunford states that on 10 February 1421, and at various times up to Christmas 1421 John Seys and Richard Letot forcibly broke his close and house at Northfleet and cut down 50 elm trees, 10 cartloads of underwood, and barley and oats growing there, all worth 10m, and carried them off, and also destroyed grass worth 50m by which his beasts have been depastured. This was against the peace, and to his damage of £100.

Pleading: JS and RL granted licence to imparl to octave of Michaelmas.

Postea text: Further licence to imparl to quindene of Easter

Court of Common Pleas, CP 40/659, rot. 574

Term: Michaelmas 1425
County: London
Writ type: Detinue
Damages claimed: 200m
Case type: Detention of goods; Safe keeping

Pleading: Robert Bury summoned to respond to Andrew Norwych, executor of Hugh Trethewen, on plea that he return to AN, Robert Holand and Nicholas Trethewen, co-executors, a certain bond which he unjustly detains. And know that RH and NT, who also sued, did not prosecute their writ, so AN is to sue alone.

Pleading: AN states that on 26 May 1417 Hugh Trethewen delivered to RB a certain bond in which it was contained that HT was bound to Thomas Slowghtre and John Bury in 100m, returnable on demand, but RB has refused to return it to RB or his executors, to their damage of 200m. He shows in court the letters of Thomas Edyngham, clerk of John, Bishop of London, commissary-general in the city of London and the deaneries of Middlesex and Barking, containing the will of HT, showing to the court that they are executors of HT and have administration.

Pleading: RB denies that he detains this bond as claimed by the executors. Ordered that he wager his law at octave of Hilary. Pledges named.

Court of Common Pleas, CP 40/659, rot. 574d

Term: Michaelmas 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking

Pleading: Richard Baynard, John Terell, Thomas Porter, Ralph Skynard, John Fekenham, William Colston and Thomas Bright state that on 30 March 1425 John Trethenen broke into their house in St Clement Eastcheap, Langbourn ward, London, and other enormities against the peace, to their damage of £40.

Pleading: John Trethenen granted licence to imparl to octave of Hilary.

Court of Common Pleas, CP 40/659, rot. 575d

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

Pleading: John Welles and John Waryn state that on 14 June 1420 William Steward, the testator, by a certain sealed bill, acknowledged that he owed the plaintiffs £8 3s 4d, but neither he nor his executors have paid, to their damage of £10. They show the document in court.

Pleading: John Mere, executor of WS, and John Delewe and Alice his wife, widow and executrix of WS, state that they should not owe this debt, since they had made full administration of all the goods formerly of WS long before the date of the plaintiffs' original writ.

Pleading: The plaintiffs say that on the date of their original writ, namely [omitted] 3 Henry VI, the executors had various goods and chattels formerly of WS and not yet administered, sufficient to pay their debt, namely at Worcester. Both parties seek enquiry on the country. Sheriff of Worcestershire to have jury here at octave of Hilary.

Postea text: 10 posteas, sheriff did not send writ, to octave of Trinity 1428.

Court of Common Pleas, CP 40/659, rot. 578

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond; Breach of Statute

Pleading: Henry Somer states that on 16 March 1407, William Venour made bond with him in £100, but neither WV nor his executors have paid, to his damage of £200. He shows the bond in court.

Pleading: JH, protesting that he was never an executor of WV and never administered any goods of his, states that there are in Warwickshire two places called Wootton with additional names, one called Leek Wootton and the other called Wootton Wawen ('WawanWotton'), but there is no place which is known only as 'Wootton' without any additional name, as the writ supposes. This he is prepared to verify, as the original writ therefore does not say where he was or was living at that time, according to the statute of Additions, and he seeks judgment on this writ.

Pleading: HS states that his writ should not cease, since there is a place in Warwickshire known as Wootton, without any additional name. Both parties seek enquiry on the country. Sheriff of Warwickshire to have jury of Warwickshire here at octave of Hilary. JH appoints an attorney.

Case notes: See also CP 40/650, rot 333d.

Court of Common Pleas, CP 40/659, rot. 578d

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Henry Somer states that on 20 January 1407, William Venour made two bonds with him, each in £50, but neither WV nor his executors have paid, to his damage of £200. He shows the bonds in court.

Pleading: JH, protesting that he was never an executor of WV and never administered any goods of his, states that there are in Warwickshire two places called Wootton with additional names, one called Leek Wootton and the other called Wootton Wawen ('WawanWotton'), but there is no place which is known only as 'Wootton' without any additional name, as the writ supposes. This he is prepared to verify, as the original writ therefore does not say where he was or was living at that time, according to the statute of additions, and he seeks judgment on this writ.

Pleading: HS states that his writ should not cease, since there is a place in Warwickshire known as Wootton, without any additional name. Both parties seek enquiry on the country. Sheriff of Warwickshire to have jury of Warwickshire here at octave of Hilary. JH appoints an attorney.

Court of Common Pleas, CP 40/659, rot. 582

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Reginald Kentwode, dean of St Paul's, Henry Merston, John Weston, John Selbourne, former parson of Dereham, and John Speldfell, executors of the will of Walter Cook, former canon of St Paul's and of Lincoln, and prebendary of Milton, state that on 24 April 1416 John Jaket made bond with Walter Cook in £100. The executors state that they have been paid 70m of this sum, but JJ has not paid the remaining 80m, to their damage of £100. They show in court the bond itself, and also the will of Walter Cook, by which they have administration.

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

Court of Common Pleas, CP 40/659, rot. 582

Term: Michaelmas 1425
County: London
Writ type: Debt (bond)
Case type: Bond

Pleading: Reginald Kentwode, dean of St Paul's, Henry Merston, John Weston, John Selbourne, former parson of Dereham, and John Speldfell, executors of the will of Walter Cook, former canon of St Paul's and of Lincoln, and prebendary of Milton, state that on 24 April 1416 John Elys made bond with Walter Cook in £100. The executors state that they have been paid 70m of this sum, but JE has not paid the remaining 80m, to their damage of £100. They show in court the bond itself, and also the will of Walter Cook, by which they have administration.

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