CP40/572
Hilary term 1404

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Centre for Metropolitan History

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Jonathan Mackman and Matthew Stevens

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2010

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'CP40/572: Hilary term 1404', Court of common pleas: The National Archives, CP40: 1399-1500 (2010). URL: http://www.british-history.ac.uk/report.aspx?compid=118047 Date accessed: 30 September 2014.


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Court of Common Pleas, CP 40/572, rot. 059

Term: Hilary 1404
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: John E. claims that John S. and John M. forcibly took and carried off one coat of mail (loricam) valued at 20m. Damages claimed at £20.

Pleading: JS and JM deny the trespass as claimed. Parties on country, jury of London to be here at the quindene of Easter 1404. Pledges named for the defendant. Noted that upon this day JE puts Hugh B. in his place versus JS and JM.

Events
Type Place Date
Taking of Goods St Mary at Hill < Billingsgate Ward < London < England (initial) 03/09/1403
Individuals
Individual Status Occupation Place Role
Hugh Bronage (m) Attorney of plaintiff
John Besseford (m) Barber London < England Surety for defendant
John Eynesford (m) Knight Plaintiff
John Mot (m) Furbisher London < England Defendant
John Seriaunt (m) Citizen Armourer London < England Defendant
John Tubbe (m) Skinner Surety for defendant
Richard Russell (m) Tailor Surety for defendant
Thomas Burchard (m) Cordwainer Surety for defendant

Court of Common Pleas, CP 40/572, rot. 113

Term: Hilary 1404
County: Wiltshire
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: William W. claims that John A., executor of the will of John O., owes him £33 6s 8d on a bond made between WW and JO during his lifetime [no mention of where the bond was made]. Damages are claimed at 100m.

Pleading: [No counterplea entered.]

Events
Type Place Date
Bond England (initial) 20/10/1402
(due) 08/05/1403
Individuals
Individual Status Occupation Place Role
[omitted] [omitted] (m) Attorney of plaintiff
John Anketill (m) Weaver Salisbury < Wiltshire < England Defendant, Executor
John Ocstrete (m) dec. Citizen Salisbury < Wiltshire < England Testator
William Wolryby (m) Citizen Fishmonger London < England Plaintiff

Court of Common Pleas, CP 40/572, rot. 125

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John R. claims that Nicholas C., son of Robert C., owes him £20 on a bond. Damages claimed at £20. Bond shown in court. Noted that the bond does not say where it was made, but JR claims it was made in London etc.

Pleading: NC says that the force of then bond should not hold because at the time of its making he was underage.

Pleading: JR says that NC was of age at the time of the making of the bond, and that he was 21 years old and more at the time. Enquiry by country, jury here at Easter three weeks 1404. Pledges named for the defendant.

Case notes: Robert Cok, the surety, may be the same individual as Robert Cok, the father of Nicholas Cok.

Events
Type Place Date
Bond All Hallows Honey Lane < Cheap Ward < London < England (initial) 29/05/1397
(due) 29/09/1397 < Michaelmas
Individuals
Individual Status Occupation Place Role
Bertram Walcotes (m) Surety for defendant
John Rolf (m) Citizen Whittawer London < England Plaintiff
John Vescy (m) Attorney of plaintiff
Nicholas Cok (m) Defendant
Richard Coroner (m) Surety for defendant
Robert Cok (m) Surety for defendant
Robert Cok (m) Citizen Glover London < England Other
Walter Peryman (m) London < England Surety for defendant

Court of Common Pleas, CP 40/572, rot. 130

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond; Imprisonment

Pleading: William F., prior of Deerhurst, amerced for many defaults. John B. claims that prior WF owes him £20 on a bond made between JB and John T., lately prior of Deerhurst. This bond was payable in the church of St Mary le Bow, London. Damages are claimed at £40. Bond shown in court. Noted that the bond does not say where it was made but JB says it was made at London etc.

Pleading: Prior WF says that the force of the bond ought not hold because the priory of Deerhurst is an alien priory of St. Denis in France. Prior WS says that according to the parliament of 33 Edward III all alien priories were put into the hands of Edward III, including the priory of Deerhurst. Hence, at the time of the death of former prior JT the custodian of the priory on behalf of the king was a certain John R., a follower in the power of Richard II, who paid to the king £200 per annum arising from the profits and receipts of the abbey for such custody. This JR assigned to the former prior JT only £10 per annum, for his sustenance, and WF argues that JR and his servants compelled former prior JT to make the said bond to JB at Deerhurst out of fear of injury.

Pleading: JB says that JT made the said bond in London, as he claims, and of his own free will. Enquiry by country, sheriff of Gloucestershire to have jury of Deerhurst here at quindene of Easter 1404.

Events
Type Place Date
Bond St Mary le Bow < Cordwainer Street Ward < London < England (initial) 24/03/1399
(due) 01/11/1399 < All Saints
Imprisonment Deerhurst < Gloucestershire < England (initial) 24/03/1399
Individuals
Individual Status Occupation Institution Place Role
John Barle (m) Citizen Draper London < England Plaintiff
John Russell (m) Knight Keeper Deerhurst [priory] Deerhurst < Gloucestershire < England Official
John Todenham (m) dec. Prior Deerhurst [priory] Deerhurst < Gloucestershire < England Debtor
Richard Holbeche (m) Attorney of plaintiff
Robert Gilbert (m) Attorney of defendant
William Forester (m) Prior Deerhurst [priory] Deerhurst < Gloucestershire < England Defendant

Court of Common Pleas, CP 40/572, rot. 203

Term: Hilary 1404
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Arbitration; Assault

Pleading: William Sautre states that on 16/101398, at Aveley, John Stonley forcibly assaulted his servant Thomas, such that he lost the service of Thomas for a long time, namely from the date of the assault until Michaelmas 1399. Damages claimed at £10.

Pleading: JS denies force and arms; parties on country. Concerning the rest, he states that WS ought not have his action, as since the said incident, namely on 17/11/1399 at London, he and William Sautre placed themselves in the arbitration of William Belham on the part of JS and William Saxy on the part of William Sautre, who ordained that the two men should exchange kisses and give to the other one gallon of wine, which was paid in the same ward and parish, to settle all trespasses and quarrels brtween them.

Pleading: William Sautre states that there was no such arbitration between them before these two arbiters, and is prepared to verify this.

Pleading: JS says that there was such an arbitration between them as claimed. Enquiry by country, sheriff of London to have jury of St Martin Pomary here at Easter one month 1404.

Events
Type Place Date
Assault Aveley < Essex < England (initial) 16/10/1398
Arbitration St Martin Pomary < Cheap Ward < London < England (initial) 17/11/1399
Individuals
Individual Status Occupation Place Role
John Stonley (m) Card-maker London < England Defendant
Thomas Cays (m) Attorney of plaintiff
Thomas WilliamservantSautre (m) Servant Other
William Belham (m) Arbitrator
William Sautre (m) Essex < England Plaintiff
William Saxy (m) Arbitrator

Court of Common Pleas, CP 40/572, rot. 205

Term: Hilary 1404
County: Oxfordshire
Writ type: Disseisin
Case type: Real action / rents / damage to real estate

Pleading: William M. seeks against Richard C., the son and heir of Elizabeth C., former wife of Thomas C.; who for default of the said TC has been admitted to the defence of his rights to 40s rents with appurtenances in Wheatley, Oxfordshire. These rents were granted by Thomas le Spicer to Philip Mymecan and his wife Alice and the heirs of their bodies, and on the deaths of PM and AM, these rights passed to their son James, and then to James's son William, and now ought to descend to the plaintiff, as son of William son of James, according to the form of the gift.

Pleading: RC says that TS did not grant these rents to PM and AM as claimed. Parties on country, jury here at octave of Trinity 1404.

Postea text: Process continued, jury in respite to octave of Michaelmas 1405. Wm comes in person, RC by attorney. Jury says that TS did grant the said 40s rents to PM and AM, as WM claimed. WM to recover seisin. RC amerced.

Postea text: Record and process on this case summoned before the king by writ of error issued to William Thirnyng, dated at Westminster on 29 November 1405.

Events
Type Place Date
Disseisin
Property Transfer
Wheatley < Oxfordshire < England
Individuals
Individual Status Occupation Place Role
Alice Mymecan (f) dec. Other
Elizabeth Camoys (f) dec. Widow Other
James Mymecan (m) dec. Other
John Kyllyngworth (m) Attorney of defendant
Philip Mymecan (m) dec. Other
Richard Camoys (m) Defendant
Thomas Camoys (m) dec. Knight Other
Thomas le Spicer (m) Oxfordshire < England Other
William Mymecan (m) Fishmonger London < England Plaintiff
William Mymecan (m) dec. Other
William Thirnyng (m) Justice Justice

Court of Common Pleas, CP 40/572, rot. 209d

Term: Hilary 1404
County: London
Writ type: Debt (other); Debt (sale of goods)
Damages claimed: £10
Case type: Contract (general); Sale of goods

Pleading: William R. claims that Hugh M. owes him £15 9s 2½d arising from the sale of various furs to HM worth £14 on 21/06/1400 as well as 29s 2½d for WR's labours in trimming various garments of HM with fur between 21/06/1400 and 21/09/1401. These monies were to be payable on request, but although often requested they have not been paid. Damages are claimed at £10.

Pleading: HM says that he is not held to WR in these monies nor any other monies, and so offers his law. Pledges of law named.

Events
Type Place Date
Sale of Goods St Stephen Walbrook < Walbrook Ward < London < England (initial) 21/06/1400
Contract (not Service/employment) St Stephen Walbrook < Walbrook Ward < London < England (initial) 21/06/1400
(due) 21/09/1401 < St Matthew
Individuals
Individual Status Occupation Place Role
Gilbert Hamme (m) Attorney of plaintiff
Hugh Machon (m) St Albans < Hertfordshire < England Defendant
Ralph Wadeluf (m) Surety of law (compurgator)
William Roo (m) Citizen Skinner London < England Plaintiff
William Waweyn (m) Surety of law (compurgator)

Court of Common Pleas, CP 40/572, rot. 244d

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John K. claims that William A. owes him 13m on a bond. Damages claimed at £10. Bond shown in court. Noted that the bond does not say where it was made but JK claims it was made at London etc.

Pleading: WA comes and asks that the bond and its endorsements be read to the court, and the endorsement says that should WA pay to JK 6m 6s 8d at Easter 1391 and 6m 6s 8d at Michaelmas 1391 then the bond ought be null and void. WA says that he made these payments at Kelmarsh, Northamptonshire.

Pleading: JK says that WA did not make these payments at Kelmarsh as he claims and seeks inquiry upon the country, and WA seeks likewise. Sheriff of Northamptonshire to have jury of Kelmarsh here at quindene of Easter 1404. Pledges named for the defendant.

Events
Type Place Date
Bond St Mary Aldermanbury < Cripplegate Ward < London < England (initial) 05/11/1390
(due) 26/03/1391 < Easter
Payment Kelmarsh < Northamptonshire < England 26/03/1391 < Easter
29/09/1391 < Michaelmas
Individuals
Individual Status Occupation Place Role
John Belman (m) Surety for defendant
John Kesteven (m) Citizen Mercer London < England Plaintiff
Thomas Benet (m) Gloucestershire < England Surety for defendant
Walter Cok (m) Attorney of plaintiff
William Alberd (m) Buckinghamshire < England Defendant
William Lobenham (m) Northamptonshire < England Surety for defendant
William Weldon (m) Northamptonshire < England Surety for defendant

Court of Common Pleas, CP 40/572, rot. 252

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 20s
Costs: 60s
Case type: Bond

Pleading: Robert T. claims that Agnes C., widow of Robert C., owes him 11m on a bond. Damages are claimed at 10m. Bond shown in court. Noted that the bond says nothing of where it was made, but RT says it was made in London etc.

Pleading: AC says that the bond is not of her making and places herself upon the country, and RT places himself likewise. Order to the sheriff of London to make a jury come in the quindene of Easter term 1404. Bond is put into the safe keeping of clerk William P.

Postea text: On 12/06/1404 the bond is delivered to John C. for consideration by the country, and WP is quit of it.

Postea text: Continuance between the parties as far the morrow of the feast of St John the Baptist (25/06/1404).

Postea text: [Phrasing indicates that this was sent to assize but location not given, presumably St Martin le Grand] Recorded is sent that the case was heard [presumably at assize] before chief baron of the exchequer JC and associate justice Richard L. The jury came and said on oath that the bond was made by AC, and so RT is to recover the 11m debt plus 20s damages and 40s costs. Upon this the bond is returned to the custody of WP, and JC is quit of it. Further, RT seeks that his award for costs be increased, and the court awards him an additional 20s. Total costs and damages are £4 (20s damages and 60s costs). AC is in mercy.

Events
Type Place Date
Bond St Sepulchre without Newgate < Farringdon Ward Without < London < England (initial) 01/05/1402
(due) 15/04/1403 < Easter
Individuals
Individual Status Occupation Institution Place Role
Agnes Chestrefeld (f) Widow Defendant
John Cokayn (m) Chief Baron of the Exchequer Assize [court] Justice
John Norton (m) Attorney of plaintiff
Richard Lyversegge (m) Justice Assize [court] Justice
Robert Charyngworth (m) Surety for defendant
Robert Chestrefeld (m) dec. Debtor
Robert Tapton (m) Plaintiff
William Pountfreyt (m) Clerk Common Pleas [court] Official

Court of Common Pleas, CP 40/572, rot. 252

Term: Hilary 1404
County: London
Writ type: Account
Damages claimed: 100s
Case type: Contract (service/employment); Reckoning of account

Pleading: John P. claims that John S. should render to him reasonable account concerning the time when JS was receiver of his monies, namely from Christmas 1399 to 16/02/1400. JP claims that during this period JS received £10 on his behalf, from the hands of John J., for which he has not made reasonable account. Damages are claimed at 100s.

Pleading: JS comes and says that he never acted as receiver for JP during the said period and places himself upon the country, and JP places himself likewise. Order to the sheriff of London to make a jury come in the quindene of Easter 1404. Pledges named for the defendant.

Postea text: Continuance between the parties for the jury to be placed etc. forwarding the case as far as Michaelmas term 1404.

Postea text: JS does not come and so he is judged to be in default. The jury is placed in respite as far as Hilary term 1405 because none of them came.

Postea text: The sheriff did not send the writ and so the jury is places in respite until Easter term 1405 per default of the jury, who did not come.

Postea text: The sheriff did not send the writ and so the jury is places in respite until Michaelmas term 1405 per default of the jury, who did not come.

Events
Type Place Date
Service/employment Contract St Augustine by St Paul's < Farringdon Ward Within < London < England (initial) 25/12/1399
(due) 16/02/1400
Individuals
Individual Status Occupation Place Role
Henry Lecche (m) Surety for defendant
John Burbache (m) Attorney of plaintiff
John Holcote (m) Surety for defendant
John JohnnnesservantPecche (m) Servant Other
John Pecche (m) Plaintiff
John Sewall (m) Surety for defendant
John Spenser (m) Clerk Defendant
Thomas Benet (m) Gloucestershire < England Surety for defendant

Court of Common Pleas, CP 40/572, rot. 252d

Term: Hilary 1404
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Robert B. claims that Daniel S. and his wife Emma S. assaulted, wounded and maltreated him with force and arms, to his damage of £20.

Pleading: Concerning the use of force and arms, DS and ES say they are innocent and put themselves upon the country, and RB puts himself likewise. Concerning the charge of assault DS and ES say that at the time and in the place aforesaid RB in fact assaulted DS and ES themselves. Hence, DS and ES defended themselves as they had good licence to do, and intended no other injury to RB.

Pleading: RB reiterated his claim that he was the one attacked and seeks inquiry upon the country, and DS with ES seek likewise. Order to the sheriff of London to make a jury come in the quindene of Easter term 1404. Pledges are named for the defendant.

Postea text: The sheriff did not send the writ and so the case is forwarded as far as Trinity term 1404.

Events
Type Place Date
Assault St Botolph without Aldersgate < Aldersgate Ward < London < England (initial) 05/11/1403
Individuals
Individual Status Occupation Place Role
Daniel Southflete (m) London < England Defendant
Emma Southflete (f) London < England Defendant
John Groos (m) Surety for defendant
John Hestyng (m) Norfolk < England Surety for defendant
Nicholas Charwode (m) Norfolk < England Surety for defendant
Ralph Cressevale (m) London < England Surety for defendant
Robert Barte (m) London < England Plaintiff
William Kirkeby (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 288

Term: Hilary 1404
County: London
Writ type: Debt (account)
Damages claimed: 100s
Case type: Reckoning of account

Pleading: Robert B. claims that Thomas S. owes him 100s arrears as determined by a reckoning of the account between them before auditors Thomas W. and William H. Damages claimed at 100s.

Pleading: TS says that he did not have a reckoning before the said auditors and puts himself upon the country, and RB puts himself likewise. Order to the sheriff of London to make a jury come in the quindene of Easter 1404.

Postea text: The sheriff did not send the writ, and so the case is forwarded as far as Trinity term 1404.

Events
Type Place Date
Accounting St Michael le Querne < Farringdon Ward Within < London < England (initial) 12/01/1398
Individuals
Individual Status Occupation Place Role
Robert Brayton (m) Clerk Defendant
Robert Charryngworth (m) Attorney of defendant
Thomas Selby (m) Calais < England Defendant
Thomas Whityngdon (m) Hurrer London < England Auditor
William Horner (m) Auditor

Court of Common Pleas, CP 40/572, rot. 288

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Peter P. claims that Henry H. owes him £17 on a bond. Damages claimed at £10. Bond shown in court. Noted that the bond does not say where it was made, but PP says it was made at London etc.

Pleading: WL says that the force of the bond should not hold because at the time of its making he was imprisoned by PP and his associates at Meysey Hampton, Gloucestershire.

Pleading: PP says that WL was a free man at the time of the making of the bond and seeks inquiry upon the country, and WL seeks likewise. Order to the sheriff of Gloucestershire to make a jury come in the quindene of Easter term 1404. Pledges are named for the defendant.

Events
Type Place Date
Imprisonment Meysey Hampton < Gloucestershire < England (initial) 21/08/1400
Bond St Mary Woolnoth < Langbourn Ward < London < England (initial) 21/08/1400
(due) 25/09/1400
Individuals
Individual Status Occupation Place Role
Henry Halle (m) Attorney of plaintiff
John Blayn (m) Bedfordshire < England Surety for defendant
John Chirie (m) Surety for defendant
Peter Pountfreyt (m) Citizen Skinner London < England Plaintiff
Walter Lambard (m) Clerk Defendant
William Elyngton (m) Yorkshire < England Surety for defendant
William Sperner (m) Surety for defendant

Court of Common Pleas, CP 40/572, rot. 288d

Term: Hilary 1404
County: London
Writ type: Debt (account)
Damages claimed: 40s
Case type: Reckoning of account

Pleading: Robert B. claims that Roger S. owes him 48s arrears as determined by a reckoning of the account between them before auditors John S. and John M. Damages claimed at 40s.

Pleading: RS says that he had no such accounting before the said auditors and puts himself upon the country, and RB puts himself likewise. Order to the sheriff of London to make a jury come in the quindene of Easter 1404.

Postea text: The sheriff did not send the writ and so the case is forwarded as far as Trinity term 1404.

Events
Type Place Date
Accounting St Faith under St Paul's < Farringdon Ward Within < London < England (initial) 22/11/1402
Individuals
Individual Status Occupation Place Role
John Mallyng (m) Auditor
John Swetnam (m) Auditor
Robert Brayton (m) Clerk Plaintiff
Robert Charryngworth (m) Attorney of defendant
Roger atte Stayre (m) Calais < England Defendant

Court of Common Pleas, CP 40/572, rot. 323

Term: Hilary 1404
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Detention of goods; Safe keeping

Pleading: John D. claims that he delivered to William B., lately parson of the church of S Mary of Maidwell, Northamptonshire, goods worth £20 for safe keeping, and that WB will not return them. The goods detained are namely, 5 silver serving dishes worth 60s each, and 6 saucers worth 20s each [sic, total of £21]. Damages claimed at £20.

Pleading: WB claims that he does not detain the said goods and offers his law, to be made at Easter term in three weeks 1404. Pledges of law are named.

Postea text: WB comes to make his law, but JD does not come and is in default. JD is in mercy and WB is without day.

Events
Type Place Date
Safe Keeping St Martin Outwich < Bishopsgate Ward < London < England (initial) 09/03/1395
Individuals
Individual Status Occupation Institution Place Role
Adam Sefare (m) Norfolk < England Surety of law (compurgator)
John Douve (m) Citizen London < England Plaintiff
Robert Northwych (m) Attorney of plaintiff
Stephen Garlek (m) Surety of law (compurgator)
William Battesford (m) Parson Maidwell [church] Maidwell < Northamptonshire < England Defendant

Court of Common Pleas, CP 40/572, rot. 323d

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John C. claims that Clement C. owes him £20 on a bond. Damages claimed at £10. Noted that the bond does not say where it was made, but JC claims it was made at London etc.

Pleading: CC comes and asks that the bond and its endorsements be read in the court. It says that if CC should save and indemnify JC, as JC was mainpernor for CC towards certain London merchants concerning certain merchandise delivered to CC by the said merchants, then the bond would be null and void. CC says that he held faithfully to this agreement in the parish of St Martin Vintry, London [ward omitted].

Pleading: JC says that CC did not fulfil all the conditions of the bond. JC says that he was mainpernor for CC against certain London merchants, namely against one Richard G. for 46s 8d, which CC owed for merchandise received but not paid for. On 12/11/1403 a plea was affirmed by RG, before Thomas K. sheriff of London, for the said 46s 8d, concerning which JC was arrested and taken to the sheriff's compter in the parish of [omitted] in Cheap ward, and held there until he satisfied RG of the said 46s 8d. Upon this, day is given between the parties at the quindene of Easter 1404.

Events
Type Place Date
Bond St Bride Fleet Street < Farringdon Ward Without < London < England (initial) 18/02/1403
(due) 04/03/1403
Individuals
Individual Status Occupation Institution Place Role
[omitted] [omitted] (m) Attorney of plaintiff
Clement Cole (m) Vintner London < England Defendant
John Cole (m) Citizen Vintner London < England Plaintiff
Richard Garner (m) Vintner Creditor
Thomas Knolle (m) Sheriff London London < England Official

Court of Common Pleas, CP 40/572, rot. 359

Term: Hilary 1404
County: Suffolk
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard B. claims that Andrew G. owes him £20 as the unpaid residue of a £22 bond, due in two payments on the vigils of Pentecost and St John the Baptist . Damages claimed at £40. Bond shown in court.

Pleading: AG says that the action against him ought not continue because RB subsequently gave him a release from all personal actions at Landwade, Cambridgeshire. AG offers this release to the court.

Pleading: RB says that this release is not of his making and seeks inquiry upon the country, and AG seeks likewise. Order to the sheriff of Cambridgeshire to have jury here at Easter three weeks. The release is to remain in the custody of the lord king.

Postea text: 1 postea - the sheriff of Cambridgeshire did not send the writ so the case if forwarded as far as Trinity term 1404.

Events
Type Place Date
Bond Brandon < Suffolk < England (initial) 20/02/1398
(due) 25/05/1398 (vigil) < Pentecost
(due) 23/06/1398 (vigil) < St John the Baptist, Nativity of
Release (from Debt/obligation) Landwade < Cambridgeshire < England (initial) 05/06/1402
Individuals
Individual Status Occupation Place Role
Andrew Grene (m) Citizen Stockfishmonger London < England Defendant
Nicholas Charwode (m) Attorney of defendant
Richard Brandon (m) Citizen Stockfishmonger London < England Plaintiff

Court of Common Pleas, CP 40/572, rot. 359d

Term: Hilary 1404
County: Suffolk
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Richard B. claims that Andrew H. owes him £20 as the unpaid residue of a £22 bond. Damages are claimed at £40. Bond shown in court.

Pleading: AH says that the action against him ought not continue, because since the time of the making of the bond RB gave him a release from all personal actions. Release shown in court.

Pleading: RB says that the release is not of his making and seeks inquiry upon the country, and AH seeks likewise. Order to the sheriff of Cambridgeshire to have jury here at Easter three weeks. The release is put into the safe keeping of clerk William P.

Postea text: 1 postea - the sheriff of Cambridgeshire did not send the writ and so the case is forwarded as far as Trinity term 1404.

Events
Type Place Date
Bond Brandon < Suffolk < England (initial) 20/02/1398
(due) 25/05/1398 (vigil) < Pentecost
(due) 23/06/1398 (vigil) < St John the Baptist, Nativity of
Release (from Debt/obligation) Landwade < Cambridgeshire < England (initial) 05/06/1402
Individuals
Individual Status Occupation Institution Place Role
Andrew Hokere (m) Parson Swanton Morley [church] Swanton Morley < Norfolk < England Defendant
Nicholas Charwode (m) Attorney of defendant
Richard Brandon (m) Citizen Stockfishmonger London < England Plaintiff
William Pountfreyt (m) Clerk Common Pleas [court] Official

Court of Common Pleas, CP 40/572, rot. 365d

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: Master Walter C. claims that Walter L. owes him £10 on two 100s bonds. Damages claimed at £20. Bonds shown in court.

Pleading: WL says that the force of the bonds should not hold because at the time of the making of the said bonds he was imprisoned by WC at Eastleach, Gloucestershire, and so made them under duress.

Pleading: WC says that WC was not imprisoned at the time of the making of the bonds, and that he was a free man who made them of his own free will etc. WC seeks inquiry upon the country, and WL seeks likewise. Order to the sheriff of Gloucestershire to have jury here at Easter three weeks.

Postea text: 5 posteas - sheriff of Gloucestershire did not send the writ, to quindene of Hilary 1406.

Events
Type Place Date
Bond London < England (initial) 24/06/1402
(due) 11/11/1402 < Martinmas
Bond London < England (initial) 06/07/1402
(due) 02/02/1403 < Blessed Virgin Mary, Purification of
Imprisonment Eastleach < Gloucestershire < England (initial) 24/06/1402
(initial) 06/07/1402
Individuals
Individual Status Occupation Institution Place Role
Walter Cook (m) Archdeacon Exeter [archdeaconry] Plaintiff
Walter Lambard (m) Clerk Defendant

Court of Common Pleas, CP 40/572, rot. 378

Term: Hilary 1404
County: London
Writ type: Debt (loan)
Damages claimed: 40s
Case type: Loan

Pleading: Richard E. claims that John A. owes him 50s 3d on a loan, made at the hospital of St Thomas in Southwark. Damages claimed at 40s.

Pleading: JA comes and says that he does not owe RE 50s 2d of the said 50s 3d, and concerning this he offers his law. Pledges of law are named. JA is to come and make his law at the quindene of Easter. Concerning the remaining 1d he says that he says that he was prepared to pay it to RE on the day it was due and offers to pay it here in this court.

Pleading: RE says that JA was never prepared to pay the said money and seeks inquiry upon the country, and JA seeks likewise. Order to the sheriff of Surrey etc. Pledges are named for the future appearance of JA.

Postea text: postea 1 - jury in respite as they did not come, to octave of Martinmas 1404.

Postea text: postea 2 - JA does not come and so he is in default. The jury between the parties is respited because they did not come, and the case is forwarded as far as Hilary term 1405.

Events
Type Place Date
Loan Southwark < Surrey < England (initial) 10/09/1403
(due) 29/09/1403 < Michaelmas
Individuals
Individual Status Occupation Place Role
John Asshele (m) Woodmonger Defendant
John Pryme (m) Surety for defendant, Surety of law (compurgator)
Richard Crispe (m) London < England Surety for defendant, Surety of law (compurgator)
Richard David (m) London < England Surety for defendant
Richard Edmond (m) Plaintiff
William Omfrey (m) Surety for defendant

Court of Common Pleas, CP 40/572, rot. 378

Term: Hilary 1404
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Damages awarded: 26s 8d
Case type: Sale of goods

Pleading: John S. claims that Richard M. owes him 40s arising from the sale of eight pieces of silk kerchief which RM bought but did not pay for. Damages are claimed at 40s.

Pleading: RM says that he does not owe JS this 40s nor any other monies and offers his law. Pledges of law are named.

Postea text: postea 1 - RM makes essoin and so the case is forwarded as far as Trinity term 1404.

Postea text: postea 2 - RM does not come and so is in default. RM is to recover his debt plus 26s 8d damages. RM is in mercy.

Events
Type Place Date
Sale of Goods St Edmund the King and Martyr < Langbourn Ward < London < England (initial) 18/01/1401
(due) 03/04/1401 < Easter
Individuals
Individual Status Occupation Place Role
John Spenser (m) London < England Surety of law (compurgator)
John Sutton (m) Citizen Grocer London < England Plaintiff
Nicholas Chelmynton (m) Surety of law (compurgator)
Richard Martham (m) Sandwich < Kent < England Defendant
Roger Wymark (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 393d

Term: Hilary 1404
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: John C. claims that John R. owes him 40s on a loan. Damages are claimed at 100s.

Pleading: JR says that he does not owe JC the said 40s nor any other monies and offers his law. Pledges of law are named for the defendant.

Events
Type Place Date
Loan St Mary Abchurch < Walbrook Ward < London < England (initial) 02/11/1399
(due) 25/12/1399 < Christmas
Individuals
Individual Status Occupation Place Role
John Creek (m) Citizen Draper London < England Plaintiff
John Rubtoft (m) Clerk Defendant
Richard Tumbrell (m) Surety of law (compurgator)
Thomas Semeleye (m) Attorney of defendant
William Moun (m) Surety of law (compurgator)
William Park (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 395d

Term: Hilary 1404
County: London
Writ type: Debt (loan)
Damages claimed: 100s
Case type: Loan

Pleading: Thomas W. claims that William H. owes him 40s on a loan. Damages are claimed at 100s.

Pleading: WH says that he does not owe TW the said 40s nor any other moneys and offers his law. Pledges of law are named.

Events
Type Place Date
Loan St Swithin London Stone < Walbrook Ward < London < England (initial) 07/07/1402
(due) 29/09/1402 < Michaelmas
Individuals
Individual Status Occupation Place Role
Richard Edmund (m) Surety of law (compurgator)
Robert Hunte (m) Surety of law (compurgator)
Thomas Weylond (m) Citizen Draper London < England Plaintiff
William Hunte (m) Putney < Surrey < England Defendant
William Park (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 398d

Term: Hilary 1404
County: Northamptonshire
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Safe keeping

Pleading: Drew B. is in mercy for many defaults. Nicholas B. claims that DB detains from him one chest containing charters, writings and other documents. NB says that he delivered this sealed chest to DB at Fawsley, Northamptonshire, for safe keeping, and that DB will not return it. Damages are claimed at £200.

Pleading: DB comes per his attorney, Thomas K., and defends etc. Upon this day is given between the parties at the octave of the Purification 1404.

Postea text: 1 postea - DB does not come and so the sheriff of Northamptonshire is ordered to distrain him by all lands etc. Case forwarded to quindene of Easter 1404.

Events
Type Place Date
Safe Keeping Fawsley < Northamptonshire < England (initial) 07/06/1402
Individuals
Individual Status Occupation Place Role
Drew Barentyn (m) Citizen Goldsmith London < England Defendant
Nicholas Baddeby (m) Plaintiff
Thomas Kays (m) Attorney of plaintiff
William Kirkeby (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 400

Term: Hilary 1404
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: David V. claims that John T. owes him £80 on a bond. Damages claimed at £20. Bond shown in court. Noted that the bond does not say where it was made, but DV says it was made at London etc.

Pleading: JT comes and asks that the bond and its endorsements be read in the court. The bond says that if JT and Rhys ap Gruffydd should pay to DV £41 at the feast of Peter ad Vincula next, then the bond would be null and void. JT says that the force of the bond ought not hold because he paid DV the said £41 at Newcastle-under-Lyme, Staffordshire.

Pleading: DV says that JT did not pay him the said £41 at Newcastle-under-Lyme and seeks inquiry upon the country, and JT seeks likewise. Order to the sheriff of Staffordshire to have jury of Newcastle-under-Lyme here at Easter three weeks.

Postea text: 4 posteas - all say that the sheriff did not send the writ, forwarding the case to the octave of Michaelmas 1405.

Events
Type Place Date
Bond St Mary Abchurch < Candlewick Street Ward < London < England (initial) 08/06/1401
(due) 24/06/1401 < St John the Baptist, Nativity of
(due) 01/08/1401 < St Peter ad Vincula
Individuals
Individual Status Occupation Institution Place Role
David Vaghan (m) Knight Plaintiff
John Tochet (m) Baron Audley [barony] Defendant
Rhys Gruffuth (m) Debtor
Thomas Heuster (m) Attorney of defendant
Thomas Jop (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 443

Term: Hilary 1404
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Thomas H. claims that Nicholas B. forcibly assaulted him in London. Damages claimed at £20.

Pleading: NB denies this assault and puts himself upon the country, and TH puts himself likewise. Order to the sheriff to have jury here at quindene of Easter.

Events
Type Place Date
Assault St John Zachary < Aldersgate Ward < London < England (initial) 20/06/1403
Individuals
Individual Status Occupation Place Role
Nicholas Badby (m) Fawsley < Northamptonshire < England Defendant
Thomas Harwod (m) London < England Plaintiff
Thomas Kays (m) Attorney of plaintiff
William Kirkeby (m) Attorney of defendant

Court of Common Pleas, CP 40/572, rot. 452

Term: Hilary 1404
County: London
Writ type: Debt (account)
Damages claimed: £4
Case type: Reckoning of account

Pleading: John K. claims that John E. owes him £4 10s arrears as determined by a reckoning of account between them before auditors Thomas W., Hugh H., William H., and John B. Damages are claimed at £4.

Pleading: JE states that there was no such reckoning of account before the said auditors as claimed by JK. Parties on country, jury here at quindene of Easter.

Events
Type Place Date
Accounting St Gregory by St Paul's < Castle Baynard Ward < London < England (initial) 05/05/1403
Individuals
Individual Status Occupation Place Role
Hugh Ha[...] (m) Skinner London < England Auditor
John Bolour (m) Tailor London < England Auditor
John Everdon (m) Tailor London < England Defendant
John Killesby (m) Chaplain Plaintiff
Thomas Wenne (m) Capper London < England Auditor
William Harpeden (m) Tailor Auditor

Court of Common Pleas, CP 40/572, rot. 465

Term: Hilary 1404
County: London
Writ type: Trespass (against statute)
Damages claimed: £1000
Case type: Breach of Statute; Real action / rents / damage to real estate

Pleading: Robert, bishop of London, and Richard Dereham, dean of St Martin le Grand, amerced for many defaults. Suit brought on behalf of Henry IV claiming that Bishop RB and dean RD ought to allow the lord king to present a suitable parson to the church of St. Botolph without Aldersgate. The king's attorney says that the late dean of St Martin le Grand, Thomas U., was seised of the advowson of St Botolph without Aldersgate, and presented to that parsonage a certain Ralph K. during the reign of Edward III. After the death of dean TU a certain Thomas S. was made the new dean of St Martin le Grand, during the reign of Richard II and with the licence of the king was seised of the advowson of St Botolph without Aldersgate. Subsequently during the reign of the present king (Henry IV), upon the death of parson RK of St. Botolph's, dean TS appropriated St Botolph's and its benefice under the pretext of the aforesaid licence of Richard II, claiming to have and hold this of himself and his successors in perpetuity. However, this claim was contrary to the form, force and effect of a certain statute of 15 Richard II that parishes should not be appropriated without a specific royal licence for this cause made in Chancery, and that provision must be made so that a sum of money be paid and distributed yearly of the fruits and profits of the same church to the parishioners of the said church in aid of their living and sustenance, and also that the vicar be well and sufficiently endowed. TS's claim was also contrary to a statute of 4 Henry IV that all parishes appropriated since 1 Richard II need to be 'reformed' and that a secular person be ordained vicar perpetual, at the discretion of the ordinary, prior to the Easter next following (Easter 1403) upon pain of having the appropriation revoked to the king etc. Subsequently dean TS resigned and during the reign of the present king (Henry IV) was succeeded by a certain Thomas T. as new dean of St Martin le Grand and person in seisin of the parish church of St. Botolph without Aldersgate, prior to Easter 1403 (the deadline for reformation). Further, upon the death of dean TT he was succeeded by the present dean RD, who did not appoint a vicar, as required by the statute of 4 Henry IV, prior to the deadline for reformation (Easter 1403). Hence the church of St Botolph has actually been vacant since the death of parson RK and current dean RD has also failed to preside over the ordination of a vicar at the discretion of bishop RB, and the king claims that bishop RB and dean RD have unjustly impeded the lord king, to his damage of £1000.

Pleading: Bishop Robert says that he claims nothing in the advowson of the church of St Botolph without Aldersgate and that he in no way intended to impede the appointment of a parson to the said church. Dean RD, not acknowledging that TU was ever dean of St Martin le Grand, says that Richard II granted letters patent to former dean TS granting that he and his successors may have special licence concerning the appropriation of St Botolph Aldersgate [CPR 1396-9, p.565]. These letters patent, granted 21 May 1399, say that the dean of St Martin may appropriate the said chapel for so long as certain pious works are carried out etc., and further licence was given to cause the said church to be served by a parish chaplain. RD says that former deans TS and TT held to the form of this licence, carrying out such pious works as required and maintaining the church and a chaplain etc. Further letters close were issued to dean RD on 24 January 1404 confirming his rights to carry on occupying the parish church of St Botolph Aldersgate etc.

Pleading: The king's attorney, WL says that contrary to the statute of 15 Richard II, former dean TS's licence to appropriate the parish church of St Botolph Aldersgate was not given in Chancery, and that adequate compensation was not made concerning the fruits and profits of the said church to the parishioners in aid of their living and sustenance, and also that a vicar was not sufficiently endowed. Further he says that the church of St Botolph without Aldersgate was not adequately reformed in keeping with the statute of 4 Henry IV prior to Easter 1403, as required, because the church has been vacant since the death of former parson RK and no vicar has been appointed in accordance with the said statute. The Bishop's claim that he has nothing in the said advowson is restated, and upon this it is decided that the lord king is to recover against the Bishop [it would seem the bishop has not adequately denied the charges against him]. Also, day is given for a future decision to be taken between dean RD and the king's attorney WL in Easter term 1404.

Postea text: 4 posteas - all say that further day is given between the parties, forwarding the case as far as Easter 1405.

Events
Type Place Date
Letters Patent Pembroke < Wales < England (initial) 21/05/1399
Individuals
Individual Status Occupation Institution Place Role
Henry IV (m) King Plaintiff
Ralph Kesteven (m) Parson St Botolph Without Aldersgate [church] London < St Botolph without Aldersgate < Aldersgate Ward < England Other
Richard Dereham (m) Dean St Martin Le Grand [church] London < England Defendant
Robert Braybroke (m) Bishop London [diocese] Defendant
Thomas Cays (m) Attorney of defendant
Thomas Stanley (m) Clerk Dean St Martin Le Grand [church] London < England Other
Thomas Tuttebury (m) dec. Dean St Martin Le Grand [church] London < England Other
Thomas Useflete (m) dec. Dean St Martin Le Grand [church] London < England Other
William Ludyngton (m) Attorney of plaintiff

Court of Common Pleas, CP 40/572, rot. 473

Term: Hilary 1404
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Assault

Pleading: John F. and his wife Joan F. claim that William D., Robert T., and William N. assaulted them in London. Damages are claimed at 20m.

Pleading: WD, RT, and WN deny this, and place themselves upon the country, and John F. with Joan F. place themselves likewise. Order to the sheriff etc.

Events
Type Place Date
Assault St Michael le Querne < Farringdon Ward Within < London < England (initial) 31/12/1403
Individuals
Individual Status Occupation Place Role
Joan Frestone (f) Plaintiff
John Frestone (m) Plaintiff
John Vescy (m) Attorney of defendant
Robert Tomekynson (m) Tailor Defendant
William Dryffeld (m) Tailor Defendant
William Nesham (m) Tailor Defendant

Court of Common Pleas, CP 40/572, rot. 473d

Term: Hilary 1404
County: London
Writ type: Account
Damages claimed: £60
Case type: Contract (service/employment); Reckoning of account

Pleading: Philip D. claims that Thomas G. should render to him reasonable account concerning the time when he acted as his receiver, namely for the year commencing at Michaelmas 1402. PD claims that during this period TG received £63 on his behalf, from PD's servant John G. Damages are claimed at £60.

Pleading: TG says that the action against him ought not continue, because he has already accounted in full for these monies at London, before auditors John M. and John J.

Pleading: PD says that TG made no such accounting before the said auditors and seeks inquiry upon the country, and TG seeks likewise. Order to the sheriff etc.

Events
Type Place Date
Accounting St Faith under St Paul's < Farringdon Ward Within < London < England (initial) 18/01/1403
Service/employment Contract St Swithin London Stone < Candlewick Street Ward < London < England (initial) 29/09/1402
Individuals
Individual Status Occupation Place Role
John Gisburgh (m) Servant Other
John Jordan (m) Cheshunt < Hertfordshire < England Auditor
John Maplesden (m) Auditor
Philip Darcy (m) Plaintiff
Thomas Glade (m) Goldsmith Defendant

Court of Common Pleas, CP 40/572, rot. 483

Term: Hilary 1404
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 100s
Case type: Sale of goods

Pleading: John T. claims that William D. owes him 40s arising from the sale of woollen and linen cloth, which WD bought but did not pay for. Damages are claimed at 100s.

Pleading: WD says that he does not owe JT the said 40s nor any other monies, and offers his law. Pledges of law are named.

Postea text: postea 1 - WD makes essoin and so the case is forwarded as far as Trinity term 1404.

Postea text: postea 2 - WD does not come and so is in default. WD and his pledges of law are in mercy. JT is to recover the 40s debt plus 100s damages. Upon this JT releases 6m 6s 8d of the said damages.

Events
Type Place Date
Sale of Goods St Michael Cornhill < Cornhill Ward < London < England (initial) 26/10/1399
(due) 25/12/1399 < Christmas
Individuals
Individual Status Occupation Institution Place Role
Henry Smert (m) Surety of law (compurgator)
John Tot (m) London < England Plaintiff
Richard Gelde (m) Attorney of defendant
Robert Pymberd (m) Surety of law (compurgator)
Walter Cok (m) Attorney of plaintiff
William Derby (m) Vicar Warfield [church] Warfield < Berkshire < England Defendant

Court of Common Pleas, CP 40/572, rot. 501

Term: Hilary 1404
County: London
Writ type: Fraud
Damages claimed: £40
Case type: Contract (general); Sale of goods

Pleading: John Balsham claims that on [day and year omitted, reign of Henry IV] John Bate contracted to sell him 29 quarters of malt for a particular sum, namely [omitted], which he fraudulently and knowingly warranted as good and sufficient when in fact it was putrid and insufficient. Damages are claimed at £40.

Pleading: [No counterplea recorded.]

Events
Type Place Date
Sale of Goods London < England
Individuals
Individual Status Occupation Place Role
[omitted] [omitted] (m) Attorney of plaintiff
John Balsham (m) Spicer Plaintiff
John Bate (m) Maltman Defendant