CP40/648
Hilary term 1423

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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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'CP40/648: Hilary term 1423', Court of common pleas: The National Archives, CP40: 1399-1500 (2010). URL: http://www.british-history.ac.uk/report.aspx?compid=118074 Date accessed: 21 August 2014.


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Court of Common Pleas, CP 40/648, rot. 105d

Term: Hilary 1423
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Richard Stafford says that Nicholas Wynball made a bond with him in £22, but did not pay. Shows bond in court.

Pleading: NW says that this bond was not of his making. Both parties on country. Sheriff to have jury here at Easter one month. Bond to remain in custody of Robert Darcy, king's clerk, for safe-keeping.

Events
Type Place Date
Bond St Benet Paul's Wharf < Castle Baynard Ward < London < England (initial) 06/05/1421
(due) 24/06/1421 < St John the Baptist, Nativity of
Individuals
Individual Status Occupation Institution Place Role
Nicholas Wynball (m) Bargeman London < England Defendant
Richard Stafford (m) Knight Plaintiff
Robert Darcy (m) King's Clerk Common Pleas [court] Official

Court of Common Pleas, CP 40/648, rot. 106d

Term: Hilary 1423
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Henry Northcote states that he and Robert Avenell, on 28 June 1417, together accounted for various sums of money for linen cloth bought by RA from HN, and RA was found to be in arrears by 16m. He has not paid, to his damage of £10.

Pleading: RA states that he doe not owe this or any money. Ordered to wager his law at Easter three weeks. Compurgators named.

Events
Type Place Date
Accounting St Lawrence Jewry < Cheap Ward < London < England (initial) 28/06/1417
Individuals
Individual Status Occupation Place Role
Henry Northcote (m) Cirencester < Gloucestershire < England Plaintiff
John Gilmyn (m) Surety of law (compurgator)
Robert Avenell (m) Husbandman Coates < Gloucestershire < England Defendant
Robert Tettebury (m) Attorney of plaintiff
Thomas Gilmyn (m) Attorney of defendant, Surety of law (compurgator)

Court of Common Pleas, CP 40/648, rot. 147d

Term: Hilary 1423
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Abduction; Housebreaking; Taking of goods

Pleading: Roger Benyngton states that William Rever, on 4 August 1422, forcibly broke his close and house in Kingston upon Thames and took goods to the value of 100s, namely one piece of silver, three pewter jars containing three pottles, four pewter jars containing four gallons, and one pipe of Malmsey, and abducted William Hunt, his apprentice, to his damage of £20.

Pleading: WR denies responsibility. Both parties on the country. Sheriff to have jury here at the quindene of Easter.

Events
Type Place Date
Abduction
House-breaking
Taking of Goods
Kingston upon Thames < Surrey < England (initial) 04/08/1422
Individuals
Individual Status Occupation Place Role
Robert Tettebury (m) Attorney of plaintiff
Roger Benyngton (m) London < England Plaintiff
William Halle (m) Attorney of defendant
William Hunt (m) Apprentice Other
William Rever (m) Ironmonger Kingston upon Thames < Surrey < England Defendant

Court of Common Pleas, CP 40/648, rot. 150d

Term: Hilary 1423
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Clederhowe states that on 4 December 1414, John Rous made a bond with him in £21, which he presents in court. However, he did not pay, to his damage of £20.

Pleading: Joan states that the case should be withdrawn, as she has already made full administration of all the goods and chattels which were of Rous.

Pleading: JC states that the case should continue, as on the day of the original writ, namely 12 January 1423, Joan still had un-administered goods of Rous to the value of the debt, at Gorleston and elsewhere in Suffolk. Both parties seek enquiry on the country. Sheriff of Suffolk to have jury here at the quindene of Easter.

Events
Type Place Date
Bond St Sepulchre without Newgate < Farringdon Ward Without < London < England (initial) 04/12/1414
(due) 01/11/1415 < All Saints
Individuals
Individual Status Occupation Place Role
Henry Sturmer (m) Attorney of plaintiff
Joan Rous (f) Widow Ipswich < Suffolk < England Defendant, Executor
John Clederhowe (m) Clerk Plaintiff
John Rous (m) dec. Merchant (lately of) Ipswich < Suffolk < England Testator
Thomas Denys (m) Attorney of defendant

Court of Common Pleas, CP 40/648, rot. 218

Term: Hilary 1423
County: Huntingdonshire
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: The executors of Thomas Mountgomery and Nicholas Styuecle state that Thomas Lutton made bond with TM on 30 January 1419 for £15, which they show in court. However, he did not pay, to their damage of 20m.

Pleading: TL says the bond was not of his making. Both parties on country. Sheriff to have jury here at the quindene of Easter. Bond to remain in custody of Robert Darcy, chief clerk of the bench.

Events
Type Place Date
Bond Huntingdon < Huntingdonshire < England (initial) 30/01/1419
(due) 23/04/1419 < St George
Individuals
Individual Status Occupation Institution Place Role
Agnes Stuyuecle (f) Executor, Plaintiff
John Bedford (m) Attorney of defendant
John Lee (m) Temple < London < England Executor, Plaintiff
John West (m) Attorney of plaintiff
Nicholas Styuecle (m) Knight Plaintiff
Robert Darcy (m) Chief Clerk Common Pleas [court] Official
Thomas Lutton (m) Husbandman Keyston < Huntingdonshire < England Defendant
Thomas Mountgomery (m) dec. Citizen Draper (lately of) London < England Testator
William Alyf (m) Citizen Draper Executor, Plaintiff

Court of Common Pleas, CP 40/648, rot. 218

Term: Hilary 1423
County: London
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Abduction

Pleading: John Whyte states that Constance atte Naldyr forcibly abducted his apprentice, Roger Whyte, at Michaelmas 1420, in St Andrew Hubbard, Billingsgate ward, and again on 8 September 1422. This was to his damage of 20m.

Pleading: Constance denies responsibility. Both parties on country. Sheriff to have jury here at quindene of Easter. Pledges named.

Events
Type Place Date
Abduction St Andrew Hubbard < Billingsgate Ward < London < England (initial) 08/09/1422
Abduction St Andrew Hubbard < Billingsgate Ward < London < England (initial) 29/09/1420
Individuals
Individual Status Occupation Place Role
Constance atte Naldyr (f) Dressmaker London < England Defendant
Henry Westnesse (m) Painter London < England Surety for defendant
John Amour (m) Gentleman London < England Surety for defendant
John Shorter (m) Tailor London < England Surety for defendant
John Whyte (m) Turner Plaintiff
William Kyrkeby (m) Attorney of plaintiff
William Pende (m) Skinner London < England Surety for defendant

Court of Common Pleas, CP 40/648, rot. 218d

Term: Hilary 1423
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: John and Joan Haselbeche state that John Wylde forcibly assaulted Joan on 3 October 1422, to their damage of £20.

Pleading: JW denies force and arms and acting against the peace, and states that Joan attacked him on that occasion, and he was acting in self defence.

Pleading: The plaintiffs deny this, stating that the assault occurred as they originally claimed. Both parties on country. Sheriff to have jury here at quindene of Easter. Pledges named.

Postea text: 2 posteas, to octave of Trinity 1423.

Events
Type Place Date
Assault St Bride Fleet Street < Farringdon Ward Without < London < England (initial) 03/10/1422
Individuals
Individual Status Occupation Place Role
Adam Stoure (m) Attorney Halstead < Essex < England Surety for defendant
David Cornewaill (m) Tailor Westminster < Middlesex < England Surety for defendant
Joan Haselbeche (f) Plaintiff
John Haselbeche (m) Plaintiff
John Peuterer (m) Skinner Westminster < Middlesex < England Surety for defendant
John Treluskan (m) Brewer Westminster < Middlesex < England Surety for defendant
John Wylde (m) Brewer London < England Defendant

Court of Common Pleas, CP 40/648, rot. 219d

Term: Hilary 1423
County: Huntingdonshire
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: The executors of Thomas Mountgomery and Nicholas Styuecle state that John Dycon made bond with TM on 30 January 1419 for £15, which they show in court. However, he did not pay, to their damage of 20m.

Pleading: JD says the bond was not of his making. Both parties on country. Sheriff to have jury here at the quindene of Easter.

Events
Type Place Date
Bond Huntingdon < Huntingdonshire < England (initial) 30/01/1419
(due) 23/04/1419 < St George
Individuals
Individual Status Occupation Place Role
Agnes Styuecle (f) Executor, Plaintiff
John Bedford (m) Attorney of defendant
John Dycon (m) Husbandman Keyston < Huntingdonshire < England Defendant
John Lee (m) Temple < London < England Executor, Plaintiff
John West (m) Attorney of plaintiff
Nicholas Styuecle (m) Knight Plaintiff
Thomas Mountgomery (m) dec. Citizen Draper (lately of) London < England Testator
William Alyf (m) Citizen Draper London < England Executor, Plaintiff

Court of Common Pleas, CP 40/648, rot. 304

Term: Hilary 1423
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: The executors of William Grantham state that Robert ap Eyngnon made a bond with WG on 8 July 1420 in £100, but did not pay, to their damage of £40. They show the bond in court.

Pleading: Robert states he should not be bound to this debt, as at the time of the bond he was underage.

Pleading: Executors state that Robert was of full age at the time of the bond. Both parties seek enquiry on the country. Sheriff to have jury here at quindene of Easter.

Events
Type Place Date
Bond St Bartholomew by the Exchange < Broad Street Ward < London < England (initial) 08/07/1420
(due) 29/09/1420 < Michaelmas
Individuals
Individual Status Occupation Institution Place Role
Joan Grantham (f) Plaintiff
Robert ap Eyngnon (m) Gentleman Mitcheldean < Gloucestershire < England Defendant
Robert Tettebury (m) Attorney of plaintiff
Walter Davy (m) Parson St Bartholomew By the Exchange [church] London < St Bartholomew the Less < Broad Street Ward < England Plaintiff
William Grantham (m) dec. Citizen Grocer London < England Testator
William Harllyngregg (m) Citizen Grocer London < England Executor, Plaintiff

Court of Common Pleas, CP 40/648, rot. 307

Term: Hilary 1423
County: Buckinghamshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: John Michell states that Peter Fetplace and John Warde, on 18 July 1422, unjustly took one bull, 10 oxen and 12 cows from him from a place called 'Letys' in Denham, to his damage of £20.

Pleading: Defendants receive licence to imparl until quindene of Easter.

Postea text: Further licence to octave of Trinity 1423.

Events
Type Place Date
Taking of Goods Denham < Buckinghamshire < England (initial) 18/07/1422
Individuals
Individual Status Occupation Place Role
John Michell (m) Mercer London < England Plaintiff
John Stowe (m) Attorney of defendant
John Warde (m) Defendant
Peter Fetplace (m) Defendant
William Kirkeby (m) Attorney of plaintiff

Court of Common Pleas, CP 40/648, rot. 307d

Term: Hilary 1423
County: London
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: Richard Payn states that his mother, Joan, who was the wife of John Impey, on 1 April 1416 delivered to John Spendluf a certain chest containing various charters for safe-keeping. By one of these charters, Thomas Aldebury, John Roulond, Robert Newton, Walter Stafford, John Chesham, William Aldebury, John Milleward and William Archebaud granted to Joan and her heirs in perpetuity three messuages, two carucates of land, four acres of meadow, ten acres of wood and 10s rent in Hemel Hempstead, Redbourne and St Albans, Hertfordshire, and by another, John Turnour, vicar of Redbourne, gave John Aygnell 140 acres of land, 8 acres of meadow, 4 acres of wood and £3 4d rent in Luton, Bedfordshire. These were to be returned as required, but after Joan's death, when the property descended to RP as her son and heir, JS refused to return the chest to him, to his damage of £200.

Pleading: JS states that RP ought not continue his actions, since, long after he was given the chest by Joan, he returned it, and all the charters within it, to Joan at her request at Redbourne.

Pleading: RP, protesting that JS did not return the chest and charters to Joan, as claimed, says that JS's plea is insufficient in law to exclude him from his action, and therefore seeks judgment, and that the chest and charters be returned to him, with damages, for default of sufficient response.

Pleading: Since RP did not deny that he returned the chest and charters to Joan at her request as stated at Redbourne, which he is prepared to verify and which RP has refused to admit, JS seeks judgment, and that Richard should be precluded from his action. And since the justices are not ready to give their judgment, the parties are given day at the quindene of Easter. Pledges named for defendant.

Events
Type Place Date
Safe Keeping St Christopher le Stocks < Broad Street Ward < London < England (initial) 01/04/1416
Charter
Property Transfer
Luton < Bedfordshire < England
Charter
Property Transfer
Hemel Hampstead, Redbourne, St Albans < Hertfordshire < England
Individuals
Individual Status Occupation Institution Place Role
Hugh Dyke (m) Setter London < England Surety for defendant
Joan Impey (f) dec. Other
John Aygnell (m) Other
John Chesham (m) Other
John Geteney (m) Yeoman Westminster < Middlesex < England Surety for defendant
John Impey (m) Other
John Milleward (m) Other
John Roulond (m) Clerk Other
John Spendluf (m) Yeoman St Albans < Hertfordshire < England Defendant
John Turnour (m) Vicar Redbourne [church] Redbourne < Hertfordshire < England Other
Richard Fox (m) Yeoman St Albans < Hertfordshire < England Surety for defendant
Richard Payn (m) Plaintiff
Robert Newton (m) Clerk Other
Roger Hosewyf (m) Gentleman Hinckley < Leicestershire < England Surety for defendant
Thomas Aldebury (m) Clerk Other
Walter Stafford (m) Chaplain Other
William Aldebury (m) Other
William Archebaud (m) Other

Court of Common Pleas, CP 40/648, rot. 308

Term: Hilary 1423
County: London
Writ type: Debt (bond)
Damages claimed: £200
Case type: Bond; Real action / rents / damage to real estate

Pleading: The plaintiffs state that on 8 December 1420 they demised at farm to John Burnell, John Persons and Robert de Bodenham the manors of Shurdington, Stonehouse, King's Stanley, Woodchester and Stoke Orchard in Gloucestershire, Wootton Fitzpaine, East Morden, Langton Maltravers, Phillipston and Bere Regis in Dorset, and Stapleford in Wiltshire, to hold from Michaelmas next for three years, rendering £226 13s 4d per year, equally at Easter and Michaelmas. Should this rent be in arrears, the plaintiffs may take goods from any of these manors to cover the arrears and their costs, and if it is in arrears for a quarter of a year after any termly payment, the plaintiffs may re-enter the property. However, should Joan de Beauchamp, Lady de Bergavenny, die within these three years, the interests of the tenants will cease, provided all arrears are fully paid, and should Persons, Bodenham or Burnell die in this term, then the plaintiffs may re-enter the manors. For the keeping of this agreement, Burnell entered a bond of £500, payable at the Michaelmas after any breach. The three tenants have now broken the terms of the agreement, for which reason Burnell owes the said £500, but he will not pay, to their damage of £200. The plaintiffs show the agreement in court.

Pleading: Defendant granted licence to imparl until Easter one month. Pledges named.

Postea text: Separate mesne process below, rot 308d, stating that the same plaintiffs appeared for the same debt against Persons and Bodenham, who did not come. Not found, sicut prius to quindene of Easter.

Case notes: See also CIPM XXI, nos. 820-822.

Events
Type Place Date
Rental Agreement St Martin Ludgate < Farringdon Ward Within < London < England (initial) 08/12/1420
Bond St Martin Ludgate < Farringdon Ward Within < London < England (initial) 08/12/1420
(due) < Michaelmas
Individuals
Individual Status Occupation Institution Place Role
Bartholomew Brokesby (m) Plaintiff
Joan Beauchamp (f) Lady Bergavenny [lordship] Other
John Braaz (m) Esquire Plaintiff
John Burbage (m) London < England Surety for defendant
John Burnell (m) Gentleman Arundel < Sussex < England Defendant
John Harewell snr (m) Plaintiff
John Hilly (m) Gentleman Chichester < Sussex < England Surety for defendant
John Persons (m) Hindon < Wiltshire < England Other
John Tredewy (m) Skinner London < England Surety for defendant
Nicholas Sauter (m) Plaintiff
Robert Bodenham (m) Kingston Deverill < Wiltshire < England Other
William Stokes (m) Gentleman Stoke < Shropshire < England Surety for defendant

Court of Common Pleas, CP 40/648, rot. 354

Term: Hilary 1423
County: Norfolk
Writ type: Detinue
Damages claimed: £100
Damages awarded: £10
Costs: 100s
Case type: Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: John Banyard states that Thomas Gybbe, clerk, Simon Ingram and John Frenche, citizens of London, were formerly seised of the manor of Petham, and then granted this by charter to Bartholomew Neve and Emma his wife, and this charter was placed in this chest with others and Bartholomew and Emma were seised until Emma and then Bartholomew died without heirs, after which the chest and the manor descended to JB as next heir of Bartholomew, namely as son of Margaret, daughter of Cristiana, sister of Roger, father of Richard father of this Bartholomew. And the chest reached the hands of NC on 20 January 1419, at Briningham, and JB requested the chest, but NC would not deliver it, to his of £100.

Pleading: NC states that he knows of no such gift to BN and EN, or that JB was the kinsman and next heir of BN, as he claims, or anything else as claimed. He states that he does not detain this chest and charters from him, or any charters as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Easter.

Postea text: Process continued, jury in respite to octave of Michaelmas 2 H VI, nisi prius they come before the justices of assize at Norwich on feast of St Margaret the Virgin next. JB comes at that term, justices report that on that day, before William Babyngton and John Cottesmore, justices of assize in Norfolk, the parties came, jury said that defendant did detain the chest and charters as claimed, damages assigned at £10, costs at 100s if the chest is returned, and an extra £200 if it is not returned. Order that plaintiff recover the chest and muniments, and the damages and costs as stated. NC amerced. Sheriff to distrain NC, to be here at octave of Trinity 1424, to render the chest. JB came, NC did not, sheriff to distrain by goods to value of 6d, [rest of text, including names of pledges, missing or indistinct].

Events
Type Place Date
Safe Keeping Briningham < Norfolk < England (initial) 20/01/1419
Individuals
Individual Status Occupation Place Role
Bartholomew Neve (m) dec. Other
Christina [un-named] (f) dec. Other
Emma Neve (f) dec. Other
John Banyard (m) Chaplain Plaintiff
John Cottesmore (m) Justice Justice
John Dam (m) Attorney of plaintiff
John Frenche (m) Citizen London < England Other
John Stodhagh (m) Attorney of defendant
Margaret [un-named] (f) dec. Other
Nicholas Colynes (m) Husbandman Briningham < Norfolk < England Defendant
Richard Neve (m) dec. Other
Roger Neve (m) dec. Other
Simon Ingram (m) Citizen London < England Other
Thomas Gybbe (m) Clerk Other
William Babyngton (m) Justice Justice