CP40/666: Trinity term 1427

Court of Common Pleas, CP 40/666, rot. 106

Term: Trinity 1427
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods; Safe keeping

Pleading: Guy Terry states that on 10 August 1416 he delivered for safe-keeping to Edward Grymston, monk of the London Charterhouse, when he was a layman, a document which recorded that Nicholas Kynbell, now deceased, was bound to GT in £200, to be returned on request. However, this has not been returned, neither by ED while he was a layman, nor by him and his prior after he became a monk, to GT's damage of £100.

Pleading: The prior and EG, showing the bond in court and being prepared to deliver it to whoever the court orders, state that the bond was delivered to EG, while a layman, by both GT and NK, now deceased, under certain conditions, to be returned to either of them under those conditions, but they do not know whether these conditions have been carried out by NK. They ask that John de Maperdeshale, executor of NK, be forewarned, and this is granted. Sheriff to warn JM to be here at the octave of Michaelmas, to show why the bond should not be delivered to GT. Same day given to parties.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Easter 1428.

Postea text: Defendants come, GT does not come to prosecute his writ. Sheriff sends that he warned JM to be here, by Thomas Aleyn and Henry Wykwan. GT and pledges amerced, and the executor is to have delivery of the bond from the prior, and this is done in court. Prior quit.

Case notes: For earlier related cases, see CP 40/645, rot 381, and CP 40/655, rot 318.

Court of Common Pleas, CP 40/666, rot. 108d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £30
Case type: Bond

Pleading: Thomas Drapere, executor of the will of John Drapery claims that Reginald West, brother and heir of Thomas West, owes him £40 as the unpaid residue of a £50 bond which was made between the late TW on one part and the late JD on the other part. This bond contained a clause making the goods of TW and all his heirs, wherever they should be found, moveable as much as immovable, liable for coercion and distraint. TD acknowledges satisfaction concerning £10 of the original £50, leaving the unpaid residue of £40. Damages are claimed at £30. Bond shown in court by TD, as well as letters testamentary And upon this TD says that the bond was made at London [parish and ward left blank].

Pleading: RW says that he ought not be held to the force of the bond because he has nothing of the lands or tenements which descended to him from his brother TW in fee simple, nor did he have on the day of the making of TD's original writ.

Pleading: TD says that on the day of the making of his original writ on 28/03/1426RW had lands and tenements which descended to him from the late TW in fee simple, namely at Barton Peverel and elsewhere in Hampshire. TD seeks inquiry upon the country, and RW seeks likewise. Order to the sheriff of Hampshire to make a jury come in Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 109d

Term: Trinity 1427
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: Thomas B. was summoned to answer William H. and Matilda H., former wife of Thomas T., on a plea that TB ought to render to WH and MH 40s which he owes and unjustly detains. TB comes in person, and WH and MH by attorney. Day given at octave of Michaelmas 1427. Pledges named for defendant.

Court of Common Pleas, CP 40/666, rot. 111d

Term: Trinity 1427
County: London
Writ type: Debt (account); Debt (sale of goods)
Damages claimed: 100s
Case type: Reckoning of account; Sale of goods

Pleading: Robert C. claims that John F. owes him 44s 9d. RC says that JF owes him 8s 10d of this sum as determined by a reckoning of the account between them, held before RC himself at London[ parish and ward left blank] on 07/11/1421, concerning the time which JF acted as RC's receiver of monies. RC says that JF owes him the remainder of the aforesaid 44s 9d for 82 pounds of latten/pewter (electri), 2 jars of lattan/pewter, 2 copper/brass (enea) candelabra, one round basin of copper/brass (unam pelvim eneam rotundam), and three copper/brass lavers which JF bought from RC for 35s 11d on the same day and in the same location as the aforesaid reckoning of account. Damages are claimed at 100s.

Pleading: JF says that he does not owe RC the aforesaid 44s 9d nor any other monies and offers his law, to be made in Michaelmas term 1427. Pledges of law are named [one surety of law is JF's attorney John R., the name of the other surety of law is left blank]. And it is ordered that JF's attorney John R., is to have his master to this court to make his law in the term aforesaid.

Court of Common Pleas, CP 40/666, rot. 113

Term: Trinity 1427
County: Surrey
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Costs: 6s 8d
Case type: Bond

Pleading: Andrew T. claims that Peter E. owes him 40s on a bond. Damages claimed at 10m. Bond shown in court. AT says that the bond was made at Southwark, Surrey.

Pleading: PE says that the bond is not of his making. Parties on country, jury here at quindene of Michaelmas. Pledges named for defendant. Bond given to clerk Robert D. for safe keeping.

Postea text: Writ arrived too late, to morrow of Martinmas 1427.

Postea text: Jury in respite to octave of Hilary 1428. On this day, AT comes, PE does not come, in default. In respite to quindene of Easter, for default of jury, who did not come.

Postea text: Jury in respite to octave of Trinity 1428. Jury comes, and says on oath that the bond is indeed of PE's making. Order that AT recover the debt, plus damages of 20s assessed by the jury. AT asks that the justices increase his damages with regard to his costs, and the justices award an additional 6s 8d costs. PE to be taken.

Postea text: AT and PE come before the court, and AT acknowledges satisfaction concerning the aforesaid debt and damages. PE quit concerning the debt and damages, and seeks to make fine with the king, which is granted for 3s 4d, by the pledge of John B. and Robert C.

Court of Common Pleas, CP 40/666, rot. 116

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Coo, John Cote, Walter B., William M., and Thomas P., executors of the will of William S., claim that they are owed 10m by Thomas M. and Joan M. who was the was the wife of Henry M., together the executors of HM. John Coo, John Cote, WB, WM, and TP say that on 01/12/1411 the late HM made a bond whereby he obliged himself to the late WS in the aforesaid 10m, payable in Easter 1412 (03/04/14112). John Coo, John Cote, WB, WM, and TP, as executors of the late WS, say that the late HM did not pay this 10m to the late WS during his lifetime and so seek it from HM's executors, JM and TH who have likewise refused to pay it. Damages are claimed at £20. The bond is presented to the court, as well as letters testamentary showing the plaintiffs to be the executors of WS. And upon this the plaintiffs say that the bond was made at London etc.

Pleading: JM and TM say that the late HM named three executors in his last will, themselves and a certain Eleanor B., the wife of John Bayhous. JM and TM say that this same EB administered diverse goods and chattels of the late HM after his death, namely at Gedding, Northamptonshire. However, EB is not named on the plaintiffs writ, and so JM and TM seek judgement.

Pleading: John Coo, John Cote, WB, WM, and TP say that EB was never an executor of the late HM, nor did she make administration of any of the late HM's goods or chattels, etc. John Coo, John Cote, WB, WM, and TP seek inquiry upon the country and the defendants, JM and TM, seek likewise. Order to the sheriff of Northamptonshire to make a jury come in Michaelmas term 1427.

Postea text: 2 posteas - both say that the sheriff of Northamptonshire did not send the writ, forwarding the case as far as Easter term 1428.

Court of Common Pleas, CP 40/666, rot. 117

Term: Trinity 1427
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Housebreaking; Real action / rents / damage to real estate; Trespass (chattels)

Pleading: Thomas P. claims that on 05/03/1427 John B., Thomas C., Ralph H., and Richard G. used force and arms to break his closes at Shopland and Little Wakering, Essex, where they trampled his grass to the value of 100s and assaulted his servant, Thomas A., so that TP was without TA's service for three days next following the trespass. Damages are claimed at £20.

Pleading: The defendants deny force and arms and acting against the peace, and the entire trespass except the breaking of the closes and the trampling of grass; parties on country. The defendants, protesting that the grass was not of the value claimed by TP, also say that at the time when the trespass was supposed to have taken place, the aforesaid closes and place where the grass was growing were the sole and free tenement of a certain John F., and JB, TC, RH, and RG say that they were simply acting as the servants of JF when they came, with this same JF and at his order, to help him enter the aforesaid closes. Moreover, any grass that was trampled was JF's grass, which they had good licence to trample.

Pleading: TP says that at the time of the trespass, the place where the trespass took place was his own sole and free tenement. TP seeks inquiry upon the country, and the defendants, JB, TC, RH, and RG, seek likewise. And upon this JB, TC, RH, and RG seek the aid of the aforesaid JF. Therefore, the sheriff of Essex is ordered to summon JF to be to this court in Michaelmas term 1427, to verify the defendants' claims. Day is given between the plaintiff and defendants in the same term.

Court of Common Pleas, CP 40/666, rot. 121d

Term: Trinity 1427
County: Cornwall
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Martin C. claims that Richard H. and Lawrence P. forcibly broke his close and houses at Lelant, Cornwall, where they seized and carried off stacks of corn, 3 brass jars, two brass plates, and other household utensils to the value of £20. Damages are claimed at £40.

Pleading: RH and LP say that they are innocent and put themselves upon the country. Order to the sheriff of Cornwall to make a jury come at the quindene of Michaelmas.

Postea text: Sheriff of Cornwall has done nothing, nor has he sent the writ. Therefore, the sheriff is again ordered to make a jury come, at the quindene of Martinmas 1427.

Court of Common Pleas, CP 40/666, rot. 129

Term: Trinity 1427
County: Wiltshire
Writ type: Trespass (force and arms)
Damages claimed: £200
Case type: Bond; Taking of goods

Pleading: William C. claims that he obliged himself to be held to WC in £150 by way of certain bonds, and although he made full satisfaction to JW at Charlton next to Hunherford (appears in EPNS volume50, Berkshire II, as 'Charnham Street', was part of Wiltshire until 1895) on 01/11/1422 concerning the said sum of £150, and the bonds 'were delivered to him by JW in the name of acquittance. However, JW seized the said bonds back from him on 03/11/1422 and has since used them to bring diverse quarrels against him concerning aforesaid sum in the Common Pleas and other courts seeking new payment on bonds that were already paid. Namely: JW brought a writ against him returnable in the morrow of All Souls 1426 (03/11/1426) before chief justice William B. in the Common Pleas; and also in the abbot of Westminster's Court of Fairs (Nundinarum), affirmed before the abbot's bailiff of fairs on 10/11/1426; and in the court of the lord king before the staple of Westminster, at Westminster, affirmed on 24/11/1426. All of these have been brought against WC concerning the same debt for which he has already made full satisfaction. Damages are claimed at £200.

Pleading: JW defends and seeks licence to imparl as far as Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 130

Term: Trinity 1427
County: Hampshire
Writ type: Detinue
Damages claimed: £1000
Damages awarded: 40s
Case type: Detention of goods; Real action / rents / damage to real estate

Pleading: John Frank, Robert Shotesbroke, John Pecche, John Radewell, and John Stokes, executors of Eleanor who was the wife of Almary de Sancte Amando, were summoned to answer William Yalton and his wife Alice concerning a plea that the said executors ought return to WY and AY a certain chest containing charters, writings, and other muniments. WY and AY say that the executors of ES unjustly detain this chest etc. And hence, to this day come WY and AY by their attorney [omitted] and the aforesaid executors come by their attorney [omitted]. Day given between the parties at the octave of Michaelmas.

Pleading: [continued on CP 40/667, rot 562 - Michaelmas 1427] William Yalton and his wife Alice state that a certain Thomas Wodelokke was, in his lifetime, seised of the manor of Marwell, Hampshire, in his demesne as of fee, and was in possession of the aforesaid chest with charters etc. pertaining to Marwell. Thomas Wodelokke later died, and the chest came into the possession of Eleanor, and since Thomas Wodelokke died without heirs, the manor (of Marwell) reverted to Alice Yalton, as kinswoman and heir of the late Thomas, namely as daughter of John, son of Jasper, son of William, son of Richard, son of John, son of John, son of Roger, son of Roger, brother of Walter, father of Nicholas, father of the deceased Thomas Wodelokke. Eleanor St Amand later died in possession of the said chest, and after her death, namely on 20 June 1426, the sealed chest with the charters came into the hands of Eleanor's executors at Marwell. The chest ought then to have descended to William and Alice Yalton, in the right of Alice as kinswoman and heir of Thomas Wodelokke as stated, but although they have often requested this chest, the executors have not delivered it and unjustly detain it, to their damage of £1000. The same executors of Eleanor St Amand were also summoned on another writ to respond to William Pershut on the same plea that they detain the said chest [see separate plea on CP 40/666, rot 130]. William Pershut also says that Thomas Wodelokke died seised of the said manor of Marwell and in possession of the said chest, at which point the chest came into the possession of the late Eleanor de Sancte Amando. The manor of Marwell, however, reverted to him, as kinsman and heir of the late Thomas, namely as son of William, son of Joan, daughter of Alice, sister of Nicholas, the father of Thomas Wodelokke. Eleanor de Sancte Amando later died in possession of the said chest, and after her death, namely on 20 June 1426, the sealed chest came into the hands of Eleanor's executors at Marwell. The chest should then have passed to him, as kinsman and heir of Thomas Wodelokke, but although he has often requested delivery, the executors unjustly detain it, to his damage of £1000.

Pleading: The executors answer, both to William and Alice Yalton and to William Pershut, and present the chest in court, to be delivered as the court decides. Order that William and Alice Yalton, and William Pershut, make their pleas against each other concerning delivery of the chest. William Yalton and Alice Yalton thus repeat their claim that Alice is kinswoman and heir of the late Thomas Wodelokke as claimed, and thus should have delivery of the chest.

Pleading: William Pershut states that he, rather than William and Alice Yalton, ought to have delivery of the chest, as the aforementioned Walter, father of Nicholas, through whom Alice Yalton claims right to the manor, had issue Alice, as specified in his pleading, this Alice being the mother of Joan, mother of William, father of the plaintiff, and hence reversion of the manor ought to pass to him, and he should have delivery of the said chest.

Pleading: William and Alice Yalton say that reversion should pertain to Alice Yalton, since whereas William Pershut has supposed his ancestor Alice was the daughter of Walter father of Nicholas, this Alice, mother of Joan, was in fact the daughter of Walter, father of Walter, father of Nicholas. They seek judgment and delivery.

Pleading: William Pershut repeats that Alice, mother of Joan, was in fact the daughter of Walter, father of Nicholas Wodelokke. Enquiry on country, jury here at the octave of Hilary.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1428, nisi prius they come before the justices of assize at Winchester on 26 July 1428. On this day, William Pershut comes, justices send record that on that day, before justices John Martyn and John Cottesmore, William Pershut came, but William and Alice Yalton did not come to prosecute their writ. Order that William Pershut recover the said chest with charters and charters, by the default of William and Alice Yalton. William and Alice Yalton, and their pledges amerced. William Pershut has delivery from the hands of John Stowe, attorney of the executors of Eleanor de Sancte Amando.

Postea text: William Pershut comes before he court and seeks a writ to enquire into his damages; this is granted, returnable at the octave of Trinity 1429.

Postea text: Sheriff of Hampshire returns that an inquest was held in Winchester on 8 May 1429, which found that William Pershut sustained damage of 40s resulting from the detention of the said chest. Order that William Pershut recover 40s damages from William and Alice Yalton.

Case notes: See also related case on this rotulet. Continued on CP 40/667, rot 562.

Court of Common Pleas, CP 40/666, rot. 130

Term: Trinity 1427
County: Hampshire
Writ type: Detinue
Damages claimed: £1000
Damages awarded: 40s
Case type: Detention of goods

Pleading: John Frank, Robert Shotesbroke, John Pecche, John Stokes and John Radewell, executors of Eleanor who was the wife of Almary de Sancte Amando, were summoned to respond to William Pershut concerning a plea that they ought return to him a certain chest containing various charters, writings and other muniments. WP says that they unjustly detain this chest etc. On this day come WP by his attorney [omitted] and the aforesaid executors by their attorney [omitted]. Day given between the parties at the octave of Michaelmas. [For further pleadings in this case, see related pleading on this rotulet.]

Case notes: See also related case on this rotulet, which is then continued on CP 40/667, rot 562.

Court of Common Pleas, CP 40/666, rot. 135d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 13s 4d
Case type: Bond

Pleading: Stephen B. claims that Lawrence P. owes him £26 3s 5½d per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: LP defends and seeks licence to imparl as far as Michaelmas term 1427, with the assent of SB,

Postea text: 3 posteas - all further licences to imparl, forwarding the case as far as Trinity term 1428.

Postea text: postea 4 - LP does not come and so is in default. The decision is that SP is to recover the aforesaid debt plus damages of 13s 4d.

Court of Common Pleas, CP 40/666, rot. 135d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Edmund K. claims that John O. owes him £6 per a bond. Damages are claimed at £10. Bond shown in court.

Pleading: JO defends and seeks licence to imparl as far as Michaelmas term 1427. Pledges are named for the defendant.

Court of Common Pleas, CP 40/666, rot. 139

Term: Trinity 1427
County: London
Writ type: Debt (loan)
Damages claimed: £40
Case type: Real action / rents / damage to real estate

Pleading: The dean and chapter of St Peter's Cathedral, York, claim that 'prior William C. of St Bartholomew's in West Smithfield, London' owe them 20m arrears of rent. The dean and chapter of St Peter's say that on 01/09/1426 an indenture was made at in the chapter house of the St Battholomew's (St Sepulchre, Farringdon without, London) agreed to pay the dean and chapter of St Peter's, and their successors in perpetuity, an annual rent of 20m annually. This rent was to be paid annually to the dean and chapter, or their attorney, in St Paul's Cathedral, London, on the 8th of October and 8th of April in equal portions. The dean and chapter pf St Peter's say that this rent has not been paid since the making of the said indenture and claim damages of £40. One part of the indenture is presented to the court under the seal of the prior and convent of St Bartholomew's. The indenture is here copied onto the court roll, containing the aforesaid terms plus an additional clauses that: upon each payment of the aforesaid rent, in either October or April, the prior of St Bartholomew's should receive letters of acquittance from the dean and chapter of St Peter's concerning that payment; should the prior of St Bartholomew's default on the said rent in either term, partially or fully, the prior should pay the dean and chapter a 5m penalty with the payment of that arrears of the annual rent of 20m, the prior or his successors being liable for a 5m penalty however often he should default on a payment; also, some further sundry detail of the making of letters of acquittance are given.

Pleading: Prior WC says that he is not able to deny the debt or the validity of the bond. The prior says that he is prepared to pay this arrears and present the aforesaid 20m to the dean and chapter in this court.

Postea text: Therefore the decision is that the dean and chapter of St Peter's, York, are to recover the aforesaid annual rent and arrears which total to exactly 20m. Prior WC is not in mercy because he came on the first day he was summoned.

Court of Common Pleas, CP 40/666, rot. 230

Term: Trinity 1427
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: John J. claims that John P. owes him £4 6s 8d arising from the sale of 1200 pounds of Spanish iron and 6 quarters of sea coal which JP bought on 15 October 1425 at London for the said £4 6s 8d, payable on request, but has not paid. Damages are claimed at 100s.

Pleading: JP says that he does not owe JJ the aforesaid £4 6s 8d nor any other monies and puts himself upon the country, and JJ puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1427. And upon this JJ puts (attorney) Thomas S. in his place versus JP in this case.

Court of Common Pleas, CP 40/666, rot. 230

Term: Trinity 1427
County: London
Writ type: Debt (account)
Damages claimed: 5m
Case type: Reckoning of account

Pleading: Robert H. and John C. claim that Robert A. owes them 40s as determined by a reckoning of account between them before auditors Thomas M., John G., and Richard B. Damages are claimed at 5m.

Pleading: RA says that he never had an accounting before the auditors aforesaid and puts himself upon the country, and the plaintiffs, RH and JC, put themselves likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 230d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John S. claims that Hugh S., executor of the will of Matthew S., owes him £40 on a bond made between JS and the late MS. Damages are claimed at £20. Bond shown in court. And upon this JS says that the bond was made at London in the parish of St John the Evangelist, ward [left blank].

Pleading: HS defends and seeks licence to imparl as far as Michaelmas term 1427. Pledges are named for the defendant.

Postea text: 2 posteas - both further licences to imparl, forwarding the case as far as Easter term 1427.

Court of Common Pleas, CP 40/666, rot. 230d

Term: Trinity 1427
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Housebreaking; Taking of goods

Pleading: Henry C. claims that on 05/01/1426 John H. used force and arms to break his house at London and take his goods and chattels to the value of 10m. The goods and chattels taken were namely one blue gown furred with rabbit fur, one murrey tunic furred with crop of grey, one bed cover of red worsted, two pairs of blankets, one mattress, four pairs of sheets, twelve silver spoons, four rosaries of jet, one rosary of jet with silver beads, one silver gilded necklace, ten gold rings, four silver gilded rings, two silver bound girdles, copper and brass vessels, and other household utensils. Damages are claimed at 20m.

Pleading: JH says that he is innocent and puts himself upon the country, and HC puts himself likewise. Pledges named for defendant. Order to the sheriff of London to make a jury come at the octave of Michaelmas 1427.

Postea text: postea 1 - continuance between the parties as far as the octave of St Hilary 1428 unless the case is first heard before chief justice William B. at the assize at St Martin le Grand on 03/12/1427.

Postea text: postea 2- Record inserted that the case was heard before chief justice William B. and associate justice John D. at the assize of St Martin le Grand on 03/12/1427. A jury comes and says on oath that JH is innocent. HC is in mercy for false claim. JH is without day.

Court of Common Pleas, CP 40/666, rot. 258d

Term: Trinity 1427
County: Bedfordshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Geoffrey B. claims that Simon V. owes him £10 as the unpaid residue of a £12 bond. GB acknowledges satisfaction concerning £2 of the aforesaid £12. Damages are claimed at £20. Bond shown to the court. And upon this GB says that the bond was made at Bedford, Bedfordshire.

Pleading: SV says that the bond is not of his making and puts himself upon the country, and GB puts himself likewise. Pledges are named for the defendant. The bond is given to chief clerk Robert D. for safe keeping. Order to the sheriff of Bedfordshire to make a jury come in Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 278d

Term: Trinity 1427
County: Gloucestershire
Writ type: Debt (sale of goods)
Damages claimed: £40
Case type: Sale of goods

Pleading: John R. claims that John S. owes him £20 arising from the sale of six dozen woollen cloths which JS bought but did not pay for. Damages are claimed at £40

Pleading: JS says that he does not owe JR the aforesaid £20 nor any other monies and puts himself upon the country. Order to the sheriff of Gloucestershire to make a jury come in Michaelmas term 1427.

Postea text: postea 1 - the sheriff of Gloucestershire does not send the writ and so the case is forwarded as far as the octave of Martinmas 1427 (later in Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 305

Term: Trinity 1427
County: London
Writ type: Debt (account)
Damages claimed: £40
Case type: Reckoning of account

Pleading: Thomas Burton and Roger Tanner, executors of the will of Joan Felawe, claim that Alice Couper, John Causton, John Girlfader, and Thomas Lambe, the executors of John Couper, owe them £40. Thomas Burton and RT (executors of Joan F) say that on 10 August 1425 a reckoning of account was held between the late Joan F and the late John Couper in London before auditors John L. and Thomas Betston, and found that the late John Couper was in arrears to Joan F in £40. These arrears have still not been paid, either by John Couper or his executors. Damages claimed at £40. Thomas Burton and FT present letters testamentary to the court.

Pleading: The executors of John Couper (namely AC, John Causton, JG, and TL) say that at Maldon, Essex, on 8 July 1425 [sic] the late JF gave the late John Couper a release from all outstanding actions between them.

Pleading: The executors of the late JF (namely Thomas Burton and Roger Tanner) say that the release is not of JF's making. Enquiry by country, sheriff of Essex to have jury here at quindene of Michaelmas.

Court of Common Pleas, CP 40/666, rot. 309

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: William F. claims that Hugh B. and wife Alice B. owe him £9 9s as the unpaid residue of an £11 6s 8d bond which WF made with AB whilst she was a single woman. WF acknowledges payment concerning 37s 8d of the original £11 6s 8d, leaving the aforesaid £9 9s residue, which AB did not pay whilst a single woman and has not paid since her marriage to HB. Damages are claimed at £20. Bond shown in court.

Pleading: HB and AB say that WF ought not maintain his action because since the time of the bond's making WF issued them a release at Ludlow, Shropshire, on 30/09/1426. HB and AB present this release to the court.

Pleading: WF says that the release is not of his making and seeks inquiry upon the country, and the defendants, HB and AB, seek likewise. Order to the sheriff of Shropshire to make a jury come in Michaelmas term 1427. The release is given to clerk Robert D. for safe keeping.

Court of Common Pleas, CP 40/666, rot. 309d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Prior Walter R. claims that Richard H. owes him 66s ½d per a bond. Damages are claimed at 100s. Bond shown to the court.

Pleading: RH says that the bond is not of his making and puts himself upon the country, and prior WR puts himself likewise. Order to the sheriff of London to make a jury come in Michaelmas term 1427. And upon this [The entry ends here, probably was intended to say the bond was given to the clerk of the court for safe keeping, as would be normal procedure].

Court of Common Pleas, CP 40/666, rot. 310d

Term: Trinity 1427
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: Richard D. claims that Roger V. unjustly detains his goods and chattels to the value of £40. RD says that on 19/05/1426 he delivered to RV, for safe keeping, goods and chattels to the value aforesaid, and that RV now refuses to return them. The items in question were namely: 3 silver bound girdles; two chests (cistas) called ship-coffers; 26 ounces of broken silver; 7 gold rings; onefur of budge; one fur of rabbit skin; one pennon; one geton; 26 pair of sheets; 18 table cloths; 18 towels; 44 yards of woollen cloth; armour for 6 men fully arrayed; one coat of mail (loricam); one entire embroidered bed (unum lectum integrum embrandyd); 2 dozen 'electrum' vessels; 5 copper/brass jars; 6 copper/brass plates; 4 urns (urna); 8 firedogs/andirons; 6 tripods; one pair of vestments with all the apparatus; one tenter (tentorum); 4 cushions (pulvinar'); one bed of silk; one banker; 10 cushions (quissons); one bed of red worsted and all the apparatus for his hall and one room of red worsted; 3 pair of silver bound small knives (tria paria cultellorum argen' harnes'); and three round basins. Damages are claimed at £40.

Pleading: RV says that he does not detain these or any other items belonging to RD and offers his law, to be made in Michaelmas term 1427. Pledges of law are named. It is ordered that RV's attorney, John T., is to have his master to this court to wager law in the term aforesaid.

Court of Common Pleas, CP 40/666, rot. 311d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Everard F. and John B., executors of the will of William M. claim that Thomas C. owes them £16 13s 4d by way of two bonds made between TC and the late WM. One bond in £6 13s 4d was made on 24/04/1409 and payable in the feast of St Peter ad Vincula 1409 (01/08/1409). The other bond was in £10 was made on 26/10/1409 and payable in Easter 1410 (23/03/1410). Damages are claimed at £10. Bonds shown in court. And upon this plaintiffs EF and JB say that the bond were made in London etc.

Pleading: TC defends and seeks licence to imparl as far as Michaelmas term 1427.

Postea text: postea 1 - further licence to imparl as far as Hilary term 1428.

Court of Common Pleas, CP 40/666, rot. 318

Term: Trinity 1427
County: Bristol
Writ type: Trespass (against statute)
Damages claimed: £3000
Case type: Breach of Statute; Taking of goods

Pleading: John B., citing the statutes of 13 Richard II and 15 Richard II limiting the jurisdiction of the admiral and his deputy to trespasses occurring on the high seas [Stat. Realm, ii, pp.62, 78), states that contrary to the form of the statute of 13 Richard II, Bartholomew P. brought an action of trespass against him before the late admiral of England, Thomas, duke of Exeter, or his lieutenant, in the admiral's court in Southwark, as if the trespass had arisen on the high seas, when in fact the supposed trespass had arisen in Bristol within the county of Bristol. JB states that on 2 November 1422, he was summoned to appear in the court of Thomas, then duke of Exeter, then admiral of England, at Southwark, on a charge that 2 September 1422 he forcibly took and carried away three ships containing prisoners of the king and the merchants, soldiers and merchandise to a value of 960m 5s 5½d, against the king's peace, claiming that the trespass took place on the high seas when, if there was any trespass, it occurred in Bristol. JB states that on 6 November 1422 he was attached, and on 12 November 1422 he appeared before the admiral, and on 30 November before the admiral's lieutenant, John Tylney, in Southwark, and was prosecuted, in contempt of the king, against the form of the statute and to his damage of £3000.

Pleading: BP granted licence to imparl to quindene of Michaelmas 1427. BP puts William Cambrygge in his place against JB in this case.

Postea text: Further licence to imparl to octave of Hilary 1428. JB puts Thomas Parkhous in his place against BP.

Postea text: [CP 40/669, rot 1] Further order to the sheriff of Bristol to have jury here at the octave of Trinity 1428.

Postea text: [CP 40/670, rot 40d] Further order to the sheriff of Bristol to have jury here on the morrow of St John the Baptist 1428. [CP 40/670, rot 300] Jury in respite to the octave of Michaelmas, nisi prius they come before John Juyn, Chief Baron of the Exchequer, in Bristol on 17 September 1428.

Case notes: Continued on CP 40/669, rot 1, CP 40/670, rot 40d, and CP 40/670, rot 300.

Court of Common Pleas, CP 40/666, rot. 319d

Term: Trinity 1427
County: London
Writ type: Detinue
Damages claimed: £40
Case type: Detention of goods; Safe keeping

Pleading: John F. claims that on 24/12/1425 he delivered to John V. a certain vestment called a huke, composed of goldsmith's work and worth £40, for safekeeping. However, JV now refuses to return this item. Damages are claimed at £40.

Pleading: JV defends and seeks licence to imparl as far as Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 340

Term: Trinity 1427
County: Middlesex
Writ type: Debt (other)
Damages claimed: 10m
Damages awarded: 40s
Case type: Real action / rents / damage to real estate

Pleading: Joan Q. claims that Richard B., executor of he will of Roger P., owes her 5m. JQ. Claims that at Michaelmas 1419 she demised to the late RP one messuage and 200 acres in Aveley, Essex, for one year then next following. In return, JQ was to receive 5m in rent. JQ says that by force of this demise the late RP occupied the aforesaid land but did not pay her the 5m rent, and thus the present suit. Damages are claimed at £10.

Pleading: RB says that the he does not owe JQ the aforesaid 5m nor any other monies and puts himself upon the country, and JQ puts herself likewise. Order to the sheriff of London to make a jury come in the morrow of All Souls 1427 (late in Michaelmas term 1427).

Postea text: postea 1 - continuance between the parties as far as Easter term 1428.

Postea text: postea 2 - RB does not come and so the jury is to be taken against him in default, which jury comes and says on oath that RB owes JQ the aforesaid 5m and awards JQ 40s in damages. Therefore JQ is o recover the aforesaid 5m from the goods and chattels of the late RP, and the 40s damages from the lands and chattels of RB himself.

Postea text: postea 3 - 30/11/1428 JQ comes before the court and acknowledges satisfaction concerning the debt and damages. RB is quit etc.

Court of Common Pleas, CP 40/666, rot. 344

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £10
Damages awarded: 13s 4d
Costs: 26s 8d
Case type: Bond

Pleading: Thomas Welles claims that Alice Couper, Thomas Lambe, John Causton, and John Gyrlfader, executors of the will of John Couper, owe him £15 per a bond made between the late John Couper and TW himself. Bond shown in court. Damages are claimed at £10. And upon this TW says that the bond was made at London etc.

Pleading: Executors AC, TL, John Causton, and JG say that the force of the bond ought not hold because after the time of its making TW, under the name of Thomas Welles son of John Welles of Maldon, Essex, issued the late John Couper a release at Maldon on 20/09/1425.

Pleading: TW says that the release is not of his making and seeks inquiry upon the country, and the executors seek likewise. Order to the sheriff of Essex to make a jury come in Michaelmas term 1427. The release is given to chief clerk Robert D. for safe keeping.

Postea text: postea 1 - continuance between the parties as far as Hilary term 1428.

Postea text: postea 2 - A jury comes and says on oath that the release is not of TW's making, just as TW alleged. The jury finds that TW should recover the aforesaid debt plus 13s 4d damages and 6s 8d costs, beyond which the justices award TW an additional 20s for costs. Therefore the decision is that TW is to recover the aforesaid £15 debt from among the goods and chattels of the late John Couper in the hands of the executors, and if those are insufficient from the goods and chattels of the executors themselves. TW is also to recover the aforesaid 40s costs and damages from the goods and chattels of the executors. The executors are in mercy.

Postea text: postea 3 - 08/05/1428 TW acknowledges satisfaction concerning the debt and damages. Therefore, the executors as quit.

Court of Common Pleas, CP 40/666, rot. 344

Term: Trinity 1427
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: Robert P. claims that John G. owes him 70s arising from the sale of 14 stone (petras) of wool which JG bought but did not pay for. Damages are claimed at 40s.

Pleading: JG says that he does not owe RP the aforesaid 70s not any other monies and offers his law, to be made in Michaelmas term 1427. Pledges of law are named. And it is decided that JG's attorney, William C., is to have his master before this court to make his law in the term aforesaid.

Court of Common Pleas, CP 40/666, rot. 344d

Term: Trinity 1427
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Imprisonment

Pleading: 'John Gilbert of London salter is in mercy etc.' (for many defaults). Robert P. claims that John G. assaulted him with force and arms, and imprisoned him for one hour, at London on 08/04/1427. Damages are claimed at £20.

Pleading: JG defends and seeks licence to imparl as far as Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 389

Term: Trinity 1427
County: Wiltshire
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: John atte Bergh, John London the prior of Breamore Priory (Hampshire) , and Thomas Hunspell monk of Breamore Priory are in mercy for many defaults; JA and TH being executors of the will of Thomas Lynford. Dean of Salisbury Simon S. and dean of St Paul's Reginald K., as executors of the will of John C., claim that JA, prior JL, and TH - JA and TH being executors of TL - owe them £100 on a bond made between the late TL and the late JC. Dean SS and dean RK say that on 25/09/1405 at Salisbury the late TL obliged himself to the late JC in the aforesaid £100, payable at Salisbury on 05/11/1405. However, TL never paid this money to JC, nor have TL's executors (JA and TH) paid it to JC's executors (dean SS and dean RK [as well as - in CP40/667 - now deceased co-executors of JC, namely, William H., William W., and 'John M. the brother of JC's sister Agnes' ), and thus the present suit. Damages are claimed at £100. Dean SS and dean RK present the bond to the court, as well as letters testamentary showing that they are executors of the will of the late JC.

Pleading: JA, prior JL, and TH defend and seek licence to imparl as far as Michaelmas term 1427.

Pleading: [Further information taken from CP40/667 rot.570d. - Michaelmas 1428] JA, prior JL, and TH say that the case against them ought not continue because JM, one of the now deceased executors of JC, issued a release to the late TL from all debts etc. at Fordingbridge, Hampshire, on 05/11/1419. JA, prior JL, and TH present this release to the court.

Pleading: Dean SS and dean RK say that the late executor JM did not release the late TL from all debts etc. and seek inquiry upon the country, and the defendants, JA, prior JL, and TH, seek likewise. Order to the sheriff of Hampshire to make a jury come in Hilary term 1428. The release is given to clerk Robert D. for safe-keeping.

Postea text: postea 1 - sheriff of Hampshire did not send the writ and so the case is forwarded as far as Easter term 1428.

Case notes: Note, that there is an erasure in the CP40/666 entry of this case, that would seen to have contained the names of deceased co-executors of John Chittern appearing in the CP40 667 re-entry of the case; further information drawn from CP40/667 rot.570d.

Court of Common Pleas, CP 40/666, rot. 399

Term: Trinity 1427
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: William O. claims that Thomas S. and wife Margaret S. owe him 52s as determined by a reckoning of account between WO and MS whilst she was a single women. WO says that this accounting, held at London on 22/09/1428 before WO himself, concerned diverse sums of money and receipts concerning which MS, as a single woman, was found to be 52s in arrears and clear debt. WO says that MS did not pay him this money whilst a single woman, not have MS and TS paid it to him since being married. Damages are claimed at 40s.

Pleading: TS and MS say that they do not owe WO the aforesaid 52s nor any other monies and offer their law, to be made in Michaelmas term 1427. Pledges of law are named. And it is decided that the attorney of TS and MS, namely William N., is to have his masters to this court to make their law in the term aforesaid.

Case notes: related to CP40/663 rot.350

Court of Common Pleas, CP 40/666, rot. 427d

Term: Trinity 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 13s 4d
Case type: Bond

Pleading: Roger M. claims that John B. owes him £14 14s 5d on a bond. Damages are claimed at £20. Bond shown in court.

Pleading: JB defends and seeks licence to imparl as far as Michaelmas term 1428. Pledges are named for the defendant.

Postea text: postea 1 - Defendant JB does not come and so is in default. Therefore, RM is to recover the aforesaid debt plus damages of 13s 4d. JB is in mercy, and is to be arrested.

Postea text: postea 2 - RM comes before the court and acknowledges satisfaction of the aforesaid debt and damages. JB is thus quit, without day, and to be released from the prison.

Court of Common Pleas, CP 40/666, rot. 428

Term: Trinity 1427
County: Middlesex
Writ type: Trespass (force and arms)
Case type: Housebreaking; Taking of goods

Pleading: Queen Katherine V. (widow of Henry V) claims that Thomas H. and John T., together with Richard H., used force and arms to break her park and at Enfield and enter her free chase there without her licence, where they hunted, seized, and carried off two female deer and two male deer (duod damos et duas damas). Damages are claimed at [left bkank].

Pleading: TH and JT say that they are innocent and put themselves upon the country, and queen KV puts herself likewise. Order to the sheriff of Middlesex to make a jury come in Michaelmas term 1427.

Court of Common Pleas, CP 40/666, rot. 437d

Term: Trinity 1427
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: John S. claims that on Monday next before the feast of All Saints in the [omitted] year of the present king, John B. used force and arms to break his house in London, where JB seized and carried off goods and chattels to the value of £20. The goods taken were namely: 12 yards of green cloth; 12 yards of blue cloth; 9 yards [an item may be missing at this point due to damage] of black cloth called 'Black of Lyre'; 2 stone of blue wool; 2 stone of black wool; [item lost due to damage]; and other household utensils. Damages are claimed at £40.

Pleading: JB defends and seeks licence to imparl as far as Michaelmas term 1427.

Pleading: [Further information drawn from CP40/667 rot.575d. - Michaelmas 1427] JB says that he is innocent and puts himself upon the country, and JS puts himself likewise. Order to the sheriff of London to make a jury come in Hilary term 1428.

Case notes: Further information drawn from CP40/667 rot.575d.

Court of Common Pleas, CP 40/666, rot. 437d

Term: Trinity 1427
County: Middlesex
Writ type: Account
Damages claimed: 100m
Case type: Contract (service/employment); Reckoning of account

Pleading: Richard K. claims that Thomas B. has not rendered reasonable account concerning the time which the said TB acted as his receiver of monies, namely from the feast of the exaltation of the true cross 1413 (14/09/1413) for three years then next following. RK claims that during this time TB received on his behalf £23 per the hands of a certain John A. at Westminster (Middlesex) which have not been accounted for. Damages are claimed at 100m.

Pleading: TB defends and seeks licence to imparl as far as Michaelmas term 1427.