Court of Common Pleas: the National Archives, Cp40 1399-1500. Originally published by Centre for Metropolitan History, London, 2010.
This free content was born digital. All rights reserved.
Court of Common Pleas, CP 40/758, rot. 101
Pleading: John Howelot states that on 16 November 1449 William Bere, John Bodeman and Isabella Arnold broke his close at Chislehurst, felled and carried away trees to the value of 10m, namely 40 oak trees, 40 ash trees and 40 elms, and destroyed his growing crops (wheat, barley, beans, peas, oats and grass) worth 100s, against the peace and to his damage of 40m.
Pleading: WB appears in person, JB and IA by attorney. They deny force and arms, and all the trespass except breaking the close and cutting down one oak tree. Parties on country. Regarding the rest, JH ought not maintain his action, as WB and JB state that the places where the events occurred were at that time the soil and free tenement of WB, JB and Thomas Leget. IA states that she was a servant of WB, JB and TL, and was acting on their instructions and intended no injury.
Pleading: JH states that this property, being a messuage, 60 acres of land and 20 acres of wood in Chislehurst, was held by him long before the trespass as of free tenement by right of his wife Katherine, until he was unjustly disseised by WB, JB and IA, who entered and took the oak tree as they claim. He then re-entered the property, and the trespass concerned occurred between the initial disseisin and his own re-entry.
Pleading: The defendants repeat that the place of the alleged trespass was the soil and free tenement of WB, JB and TL, and they entered and took the oak tree as was their right. They did not unjustly disseise JH, as he has claimed.
Destruction of Chattels
Taking of Goods
|Chislehurst < Kent < England||(initial) 16/11/1449|
Court of Common Pleas, CP 40/758, rot. 104
Pleading: William Whalley, prior of New Place by Guildford, amerced for many defaults. William Edy and John Gloucestre state that on 3 July 1443 Ralph Aldirley, former prior of New Place by Guildford and predecessor of the defendant, and the convent of that house, made bond with them for £64. However, he did not pay this, and the current prior refuses to pay, to their damage of £40. they show the bond in court.
Pleading: WW states that at the time of the bond the house of New Place consisted of nine canons [named], and the former prior threatened them that unless they made this bond and sealed it with the common seal of the house and delivered it to WE and JG, then he would keep them in prison until they did so. Under this duress, the canons, together with the former prior, made, sealed and delivered the bond.
Pleading: WE and JG deny this, stating that the canons, together with the former prior, made this bond freely and not out of fear of imprisonment. Enquiry by country, sheriff of Surrey to have jury of New Place here at octave of Michaelmas.
|Bond||St Swithin London Stone < Walbrook Ward < London < England||
Court of Common Pleas, CP 40/758, rot. 104d
Pleading: John Layner states that at Easter 1448 he demised to John Whytby a messuage with appurtenances in London, to hold for two years, at an annual rent of 6m 6s 8d, payable at Michaelmas and Lady Day. JW held this property for 2 years, for which he owes 13m. JL acknowledges satisfaction of 4m 6s 8d of this sum, but JW has not paid the remaining 8m 6s 8d, and refuses to pay, to his damage of 100s.
|Rental Agreement||St Sepulchre without Newgate < Farringdon Ward Without < London < England||(initial) 24/03/1448|
|John Layner (m)||Plaintiff|
|John Whytby (m)||Brewer||London < England||Defendant|
|Thomas Torald (m)||Attorney of plaintiff|
Court of Common Pleas, CP 40/758, rot. 106
Pleading: John Pyttewell states that William Pyttewell, his brother, whose heir he is, was formerly seised of a messuage and appurtenances in Abingdon in his demesne as of fee tail, and also of a chest containing charters, including one charter by which Juliana Pyttewell granted the aforesaid messuage to a certain Reginald Pyttewell, her son, and the heirs of his body. Reginald P was thus seised and had issue, William senior and John, and after his death the messuage, and the chest, passed to William. On 10 January 1442, in London, William P delivered the chest to a certain John Rogger for safe-keeping, to be returned to William or his heirs on request. William died, and the property, and the chest, passed to John P as brother and heir, and he entered the messuage and was seised. On 13 January 1445 the chest came into the possession of Thomas Gray, the defendant, but when John P then requested that it be returned to him, TG refused, and still refuses, to his damage of £40.
|Safe Keeping||St Mary Woolnoth < Langbourn Ward < London < England||(initial) 10/01/1442|
Court of Common Pleas, CP 40/758, rot. 111
Pleading: [continued at Michaelmas 1450, rot 347d] JW states that he should not be bound to this debt, as at this time he was imprisoned by WL and his associates in the parish of St Botolph Billingsgate, and detained there until he made this bond under duress.
Court of Common Pleas, CP 40/758, rot. 113d
Pleading: David Fyvyan, parson of St Benet Fink in London, states that on 28 April 1447, in London [parish and ward omitted] Roger Mayn made two bonds with him, each in £5 3s 4d, but has not paid either, to his damage of £20. He shows the bonds in court.
|Bond||London < England||
(due) 25/03/1448 < Blessed Virgin Mary, Annunciation of
|Bond||London < England||
(due) 29/09/1447 < Michaelmas
Court of Common Pleas, CP 40/758, rot. 119d
|Bond||St Mary Aldermary < Cordwainer Street Ward < London < England||
(due) 01/11/1449 < All Saints
Court of Common Pleas, CP 40/758, rot. 121d
|Bond||St Martin Ludgate < Farringdon Ward Without < London < England||
(due) 01/08/1449 < St Peter ad Vincula
|John Bryston (m)||Plaintiff|
|John Trewe (m)||Gentleman||(lately of) Colchester < Essex < England||Defendant|
|Richard Croppell (m)||Plaintiff|
|Thomas Folkyngham (m)||Attorney of plaintiff|
Court of Common Pleas, CP 40/758, rot. 123
Pleading: Francisco Michell states that on 5 August 1445 John Moungomery made two bonds with a certain Baptiste de Arnolfini, now deceased, and Nicholas Michell, who survived him, each in £8 6s 8d (sic). However, neither JM nor his executor Isabella Say have paid this total of £15 13s 4d (sic), either to NM and BA, or to NM after the death of BA, or to FM after the death of NM, to his damage of £10. FM shows the bonds in court, and the testamentary letters of NM, by which he has executry and administration.
Court of Common Pleas, CP 40/758, rot. 126
Pleading: John Kery, warden of the Greyfriars of London, and William Seriant, his fellow friar, state that on 5 August 1446 William Wodeward forcibly assaulted Seriant in London (parish of St Sepulchre without Newgate, Farringdon Without ward), against the peace and to their damage of £40.
Pleading: [continued at Michaelmas 1450, rot 123] WW denies force and arms and everything except the assault itself. Parties on country. And regarding the rest, he states that at this time, the defendants attacked him, and that he acted solely in self-defence.
|Assault||St Sepulchre without Newgate < Farringdon Ward Without < London < England||(initial) 05/08/1446|
Court of Common Pleas, CP 40/758, rot. 126d
Pleading: Francisco Michell states that on 30 April 1448 John Cheyne bought from Nicholas Michell, now deceased, 3 ells of blue velvet upon satin and one piece of cloth called 'baudekin' coloured white and red and decorated with gold of Lucca ('aura de luca'), measuring 4¾ ells, for £4 3s 4d, payable at Michaelmas next. However JC did not pay NM during his life, and has not paid his executor FM, to his damage of 60s. He shows in court the testamentary letters of NM by which he has executry and administration.
|Sale of Goods||St Bartholomew by the Exchange < Broad Street Ward < London < England||
(due) 29/09/1448 < Michaelmas
Court of Common Pleas, CP 40/758, rot. 127d
Pleading: William Downe states that on 10 May 1449, John Surcok forcibly abducted John Corton, a servant of his on his business in London, as a result of which he was deprived of his service from that 10 May until the day of his writ, namely [missing] 28 H VI. This was against the peace, and to his damage of £40.
Pleading: HS states that there is and was in Coventry a Henry Surcok, merchant, senior to the Henry Surcok named in the writ, and that the HS named in the writ is junior to that HS senior. He will verify this, and states that WD ought to name the HS in his writ as junior. He therefore seeks judgment on the writ.
|Abduction||St Botolph Billingsgate < Billingsgate Ward < London < England||(initial) 10/05/1449|
|Henry Surcok (m)||Merchant||(lately of) Coventry < Warwickshire < England||Defendant|
|John Abell (m)||Attorney of defendant|
|John Corton (m)||Servant||Other|
|William Downe (m)||Plaintiff|
Court of Common Pleas, CP 40/758, rot. 131
Pleading: John Feteplace states that on 18 September 1448 John Swetyng forcibly broke into his house at Woolley and took and carried away six sacks of wool worth £40, against the peace, to his damage of £40.
Pleading: JS denies force and arms. Parties on country. Regarding the rest, JS states that JF ought not maintain his action, as before the time of alleged trespass JF possessed these goods, and in this possession, in the parish of St George, Billingsgate, sold them to a certain Lewis Scot for £40. By virtue of this sale JS, as a servant of LS and on his instructions, came to Woolley, to the house where the goods were, and, finding the door open, entered the house through this door and took the goods to the use of LS and carried them to him.
|Sale of Goods||St George Eastcheap < Billingsgate Ward < London < England|
|Sale of Goods||Woolley < Berkshire < England|
Taking of Goods
|Woolley < Berkshire < England||(initial) 18/09/1448|
|John Colyns (m)||Attorney of plaintiff|
|John Feteplace snr (m)||Plaintiff|
|John Swetyng (m)||Woolpacker||London < England||Defendant|
|Lewis Scot (m)||Other|
Court of Common Pleas, CP 40/758, rot. 203
Pleading: Christopher Warter states that on 21 March 1438 John Strelley made bond with him in £7 17s 8d, and on 27 November 1438 he made another bond, this time in £10. However, JS has not paid either of these debts, to his damage of £20. He shows the bonds in court.
Pleading: JS states that before the making of these bonds, on 4 May 1438 (sic, error for March (cf CP 40/751, rot 319), CW, by John Clyfton and others of his association, warned JS at Annesley that he would be taken and imprisoned until he paid CW £17 17s 8d, unless he made and delivered these two bonds, and out of fear of these threats and imprisonment he made them as shown here in the court.
Court of Common Pleas, CP 40/758, rot. 204
Pleading: John Gille states that on 24 February 1449, by the hand of William Petteworth, he delivered to John Neuman at Westminster for safe-keeping a certain chest containing charters and other muniments, particularly a charter whereby John Mowne granted to JG a messuage in the parish of All Hallows the Great in London. This was to be returned to him on request, but JN has refused, to his damage of £40.
|Location of Property||All Hallows the Great < Dowgate Ward < London < England|
|Safe Keeping||Westminster < Middlesex < England||(initial) 24/02/1449|
Court of Common Pleas, CP 40/758, rot. 205d
Pleading: John Wydeslade states that on 20 October 1449, and at various other times, Richard Carmardyne and his wife Eleanor, together with John Bugga, have forcibly assaulted his servants, namely William Treglast, David Geffrey, John Laneman, Isabella Purse, Elizabeth Whytevale and Agnes Bryggewater, in the parish of St John Zachary in Aldersgate ward, St Nicholas Shambles in Farringdon Within ward, and in St Dunstan in the West parish in Farringdon Without ward, all in London, and have caused them such great injuries and troubles, and used lies, deceptions and gossip to draw them away from his service, such that he has lost them from his service in buying victuals (grain, flour, meat, fish and others) for him, his wife, his scribes and other servants, from that 20 October until 6 May 1450. This was against the peace, and to his damage of £20.
Court of Common Pleas, CP 40/758, rot. 206d
|Sale of Goods||St Martin Vintry < Vintry Ward < London < England||(initial) 05/12/1446|
|John Wilcokes (m)||Attorney of plaintiff|
|Lawrence Stonstrete (m)||Yeoman||Sittingbourne < Kent < England||Defendant|
|Robert Fekenham (m)||Attorney of defendant|
|Thomas Fetherston (m)||Plaintiff|
Court of Common Pleas, CP 40/758, rot. 207d
Pleading: William Redeknape and John Donne state that on 15 July 1445, in London [parish and ward omitted, given in related case as St Antholin, Cheap ward], Thomas Pernecote, now deceased, made bond with them in £10 6s 4d, payable on 13 April then next. However, he did not pay them, and neither has John Bodyngton the defendant, his executor together with TP's widow Isabella, now the wife of John Croke, to their damage of 20m. They show the bond in court [recited, in English].
|Bond||St Antholin Budge Row < Cheap Ward < London < England||
Court of Common Pleas, CP 40/758, rot. 254
Pleading: Joan Brigge states that by a document made between her and William Walton, of which she shows the part sealed by WW in court, dated 4 July 1449, they agreed that John, son and heir of WW, was to marry Elizabeth, daughter of Joan, by Michaelmas then next. They also agreed that JB would pay WW 100 marks for this marriage, namely 50m on the day of the marriage and the other 50m by Michaelmas 1450, and that JB would provide Elizabeth with sufficient apparel for her person and her chamber, in accordance with her status before the day of the marriage. In return, WW agreed that he would enfeoff four people, two named by him and two by JB, with certain lands and tenements worth 40m per year, namely the manor of 'Bellettys' [Beleters manor in Congham, Norfolk] and a third of the manor of Fitton [Norfolk], a messuage with lands and tenements in South Lynn, a place in King's Lynn called 'the hede place' with all tenantries and gardens in Dowshill next to King's Lynn, with all appurtenances in Norfolk, to hold to them and their heirs in perpetuity. After this enfeoffment, and after the final payment of 50m, the feoffees should on the same day grant to John and Elizabeth and the heirs of their bodies the said place called 'the hede place', with the tenantries and gardens, to a value of £10 per year, under the condition that no waste is caused in the lands. If waste should occur and not be repaired, then WW may re-enter the lands, and they will remain to William and his wife Katherine forever. And on the same day the feoffees should also enfeoff WW and Katherine his wife with all the other lands for the life of Katherine, with remainder to John and Elizabeth and the heirs of John by Elizabeth. In default of such heirs, this was to remain to the right heirs of William, provided that, if Elizabeth outlives John, and takes another husband or commits waste, it reverts to William and his heirs, to keep forever. And for the fulfilment of all these conditions, William made bond with Joan for £100, payable at the following Michaelmas after he should breach the agreement, And so, on 18 September 1448, and from then every day until the following Michaelmas, in the parish of St Dunstan in the West, London, she asked WW to marry John to Elizabeth as agreed, and implemented all the other conditions of the agreement, and Elizabeth was ready throughout this period, but William refused to do this, for which reason JB is entitled to the £100 due to her according to the agreement. However, WW has refused to pay, to her damage of £300.
Court of Common Pleas, CP 40/758, rot. 288
|Abduction||St Michael Queenhithe < Queenhithe Ward < London < England||(initial) 01/05/1450|
Court of Common Pleas, CP 40/758, rot. 288d
Pleading: John Elsy states that on 10 March 1432 Thomas Yole, now deceased, made a bond with him in £8. However, he did not pay, and nor have John Knyght, Henry Yole and Alice Yole, administrators appointed by Alexander Prowet, commissary general of the Dean and Chapter of St Paul's, to his damage of £20. He shows the bond in court.
|Bond||St Mary Fenchurch < Langbourn Ward < London < England||
(due) 20/04/1432 < Easter
Court of Common Pleas, CP 40/758, rot. 299
Pleading: William Hiche and Edmund Asshebury state that on 29 May 1439 Henry Broke made two bonds with them, each in £12 14s, payable at Michaelmas and Easter then next, and also borrowed a further 12s, payable on request. However, he has not paid this total of £26, to their damage of £20. They show the bonds in court.
|Bond||Pinner < Middlesex < England||
(due) 27/03/1440 < Easter
|Loan||Pinner < Middlesex < England||(initial) 29/05/1439|
|Bond||Pinner < Middlesex < England||
(due) 29/09/1439 < Michaelmas
Court of Common Pleas, CP 40/758, rot. 300
Pleading: Matilda, prioress of St Helen's Bishopsgate, London, amerced for many defaults. Henry Frowyk and his son Thomas state that by an agreement made between them and Margaret, former prioress of St Helen's, and the convent of St Helen's, of which he shows the part bearing the seal of the former prioress and convent in court, dated in London on 10 November 1446, the former prioress and convent granted to them at farm the manor of Boston (Boston Manor) in Middlesex, with all appurtenances, lands, rents, woods, etc, to hold from Michaelmas last (1446) for three years, at an annual rent of 11m to the prioress and convent, payable at Easter and Michaelmas, and 5s ¼d to the abbot and convent of Westminster, payable at Michaelmas. After this term, if either HF or TF were still alive, the prioress and convent also granted that they may continue to hold this property for a further term of 80 years, at the same rent. HF and TF were to allow the prioress's steward to hold court there, providing food and drink for the steward and his clerks, and also taking all profits pertaining to that court. HF and TF were to be quit of all other duties. If the rent should be in arrears at any term for one month, then the prioress and convent may enter and make distraint, but if no sufficient distraint can be made within half a year of the due date, then they may re-enter the property and take it back. JF and TF held this manor until 1 December 1446, when a certain William Symond, on the pretext of an earlier demise made to him by the former prioress and convent, entered the manor and ejected them from it, for which they sought redress from both the former prioress and the present prioress. However, nothing has been done, and WS has retained possession, against the form of their agreement and to the damage of HF and TF of £100.
|Rental Agreement||St Helen's Bishopsgate < St Ethelburga < Bishopsgate Ward < London < England||(initial) 10/11/1446|
|Location of Property||Boston Manor < Middlesex < England|