Court of Common Pleas: the National Archives, Cp40 1399-1500. Originally published by Centre for Metropolitan History, London, 2010.
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'CP40/648: Hilary term 1423', in Court of Common Pleas: the National Archives, Cp40 1399-1500, (London, 2010) pp. . British History Online https://www.british-history.ac.uk/no-series/common-pleas/1399-1500/hilary-term-1423 [accessed 20 April 2024]
In this section
- Court of Common Pleas, CP 40/648, rot. 105d
- Court of Common Pleas, CP 40/648, rot. 106d
- Court of Common Pleas, CP 40/648, rot. 147d
- Court of Common Pleas, CP 40/648, rot. 150d
- Court of Common Pleas, CP 40/648, rot. 218
- Court of Common Pleas, CP 40/648, rot. 218
- Court of Common Pleas, CP 40/648, rot. 218d
- Court of Common Pleas, CP 40/648, rot. 219d
- Court of Common Pleas, CP 40/648, rot. 304
- Court of Common Pleas, CP 40/648, rot. 307
- Court of Common Pleas, CP 40/648, rot. 307d
- Court of Common Pleas, CP 40/648, rot. 308
- Court of Common Pleas, CP 40/648, rot. 354
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.
| 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 |
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.
| Type | Place | Date |
|---|---|---|
| Accounting | St Lawrence Jewry < Cheap Ward < London < England | (initial) 28/06/1417 |
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.
| Type | Place | Date |
|---|---|---|
|
Abduction House-breaking Taking of Goods |
Kingston upon Thames < Surrey < England | (initial) 04/08/1422 |
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.
| Type | Place | Date |
|---|---|---|
| Bond | St Sepulchre without Newgate < Farringdon Ward Without < London < England |
(initial) 04/12/1414 (due) 01/11/1415 < All Saints |
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.
| Type | Place | Date |
|---|---|---|
| Bond | Huntingdon < Huntingdonshire < England |
(initial) 30/01/1419 (due) 23/04/1419 < St George |
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.
| 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 |
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.
| Type | Place | Date |
|---|---|---|
| Assault | St Bride Fleet Street < Farringdon Ward Without < London < England | (initial) 03/10/1422 |
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.
| Type | Place | Date |
|---|---|---|
| Bond | Huntingdon < Huntingdonshire < England |
(initial) 30/01/1419 (due) 23/04/1419 < St George |
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.
| Type | Place | Date |
|---|---|---|
| Bond | St Bartholomew by the Exchange < Broad Street Ward < London < England |
(initial) 08/07/1420 (due) 29/09/1420 < Michaelmas |
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.
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.
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.
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].