CP40/741: Easter term 1446

Court of Common Pleas, CP 40/741, rot. 101

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: Thomas Flete states that on 24 August 1444 John Pays bought from him 1lb of pepper, 2lb of saffron, 4lb of almonds and 6lb of soap for 43s, payable on request, but he has not paid, to his damage of £20.

Pleading: JP states that he does not owe this or any money as claimed. Order that he wager his law, which he does immediately. TF to take nothing for his writ, but is amerced for false claim. JP sent without day.

Court of Common Pleas, CP 40/741, rot. 101d

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Abduction

Pleading: Robert Hynkeley states that on 25 November 1445 John Molard forcibly abducted his servant Matthew Overe, as a result of which he was deprived of his service from 25 November 1445 until the date of the original writ, 1 January 1446. This was against the peace, and to his damage of £10.

Pleading: JM denies responsibility for this trespass as claimed. Both parties on the country. Sheriff to have jury here at octave of Trinity. Pledges named.

Court of Common Pleas, CP 40/741, rot. 105

Term: Easter 1446
County: Sussex
Writ type: Debt (sale of goods)
Damages claimed: 20m
Case type: Sale of goods

Pleading: John Walkeleyn states that on 20 March 1438 John Chirche bought from him 40 quarters of grain for £9, payable on request, but has not paid, to his damage of 20m.

Pleading: JC states that he does not owe this or any money as claimed. Asks to make his law immediately, and does so. JW to take nothing for his writ, amerced for false claim. JC sent without day.

Court of Common Pleas, CP 40/741, rot. 107

Term: Easter 1446
County: Hertfordshire
Writ type: Disseisin
Damages claimed: -
Case type: Real action / rents / damage to real estate

Pleading: John Penne seeks against John Stourton, William Caraunt, Thomas Wake, Thomas Everyngham, Gilbert Kemer and John Bayous a messuage, 150 acres of land, 8 acres of meadow and 2 acres of woodland in Elstree and Aldenham, of which John Penne, grandfather of the plaintiff, died seised. The grandfather held it in time of peace of Edward III, and the fee descended to [omitted], as son and heir, and from him to the plaintiff.

Pleading: Defendants granted licence to imparl to octave of Trinity.

Postea text: 7 further licences to imparl, to octave of Hilary 1449.

Court of Common Pleas, CP 40/741, rot. 107d

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond; Imprisonment

Pleading: Richard Lee states that on 12 August 1444 Henry Shyue made bond with him in 100s, but has not paid, to his damage of £10. He shows the bond in court.

Pleading: HS states that he should not be bound to this debt, as at this time he was imprisoned by RL and his associates in the parish of St Nicholas Acons, Langbourn ward, London, and detained there until he made this bond under duress.

Pleading: RL denies this, stating that at the time of the bond HS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff to have jury of that parish here at the octave of Trinity. Pledges named.

Court of Common Pleas, CP 40/741, rot. 112

Term: Easter 1446
County: Surrey
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: William Hexstall and his wife Joan, former wife and executor of Roger Elmbrigge, state that on 1 February 1435, William Sefoule made bond with RE in £100, but has not paid, to their damage of £100. They show the bond in court, and the testamentary letters of RE by which JH has executry.

Pleading: WS granted licence to imparl to octave of Trinity.

Pleading: [continued at Easter 1447, rot 404] WS states that he should not owe this debt, as RE and Joan, then his wife, by an indenture which he shows in court, sealed by RE and Joan, dated at Croydon on 1 February 1435, demised at farm to WS all their lands called 'Illeryesland', 'Belsammeslond', 'Wodecroft' and 'Benhawes' with appurtenances in Croydon and Streatham parishes, to hold from Lady Day 1435 until the following Michaelmas, and from then for a period of 10 years, rendering 40s for the first part of this lease, and 6m per year for the following 10 years. And before that next Easter, RE and Joan would enclose the lands alongside the king's highway between Norbury and the bridge called 'Flemebridge' with ditches and hedges at their own expense, and another ditch alongside the highway would be extended from Norbury to a certain 'Hacche', after which WS would be responsible for the upkeep of this. RE and Joan would then warrant this property against anyone. If the rent should be in arrears at a given feast, then RE and Joan may enter the property and distrain goods to pay the arrears. And further, for 80m, RE and Joan have sold all the timber, wood and underwood growing on these lands, to be cut at any seasonable times, between the date of the agreement and 16 May next, and from then for 7 years, with agreement to plant hedges to preserve the soil. Of this 80m, RE and Joan were paid 40m immediately by WS, and WS was to pay a further 20m at the Nativity of St John the Baptist and Michaelmas 1435. WS, RE and Joan then entered into reciprocal bonds in £100, on the condition that if they each held to all the terms of his agreement, then they would be cancelled. WS states that the bond in this case is this same bond, and that he has held to all the terms and conditions of the original agreement.

Pleading: WH and Joan state that WS cut down timber on 1 May 1439, namely 400 oaks and 1000 carts of underwood, after which he did not sufficiently enclose with hedges the area from which the wood was cut, for the conservation of the soil, according to the terms of the agreement, allowing it to be open from that 1 May for four years, as a result of which the soil was wasted by animals.

Pleading: WS states that he did enclose this land with sufficient hedges for the four years after he cut down the wood. Parties on the country. Sheriff to have jury here at quindene of Trinity.

Postea text: 3 further licences to imparl to quindene of Easter 1447.

Case notes: Continued on CP 40/745, rot 404.

Court of Common Pleas, CP 40/741, rot. 113

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Roger Brode states that on 15 April 1436 John Adam forcibly broke into his house in London and took goods worth £20, namely one set of knives, a book called a 'portas', a silver bowl, six silver spoons, three gold rings, three silver girdles and one amber rosary, against the peace and to his damage of £40.

Pleading: JA denies responsibility for this trespass as claimed by RB. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity.

Postea text: 5 posteas, sheriff did not send writ, to Michaelmas one month 1447.

Case notes: Same case against different defendant on rot 302.

Court of Common Pleas, CP 40/741, rot. 114d

Term: Easter 1446
County: Oxfordshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault

Pleading: Peter Brereton states that on 10 February 1446 William Sydrak assaulted him at Wolvercote, against the peace and to his damage of £20.

Pleading: WS denies responsibility for this trespass as claimed by PB. Both parties on the country. Sheriff to have jury here at octave of Trinity.

Postea text: 9 posteas, sheriff did not send writ, to octave of Trinity 1448.

Court of Common Pleas, CP 40/741, rot. 115

Term: Easter 1446
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: Thomas Tregodek states that at Michaelmas 1433 John Reynold retained him to act as his attorney in the court of Common Pleas, taking 6s 8d, plus his reasonable expenses for each year he was retained. He served him as his attorney for 11¼ years, serving him in various matters, namely a plea of trespass against a certain William Kyng, trespass against John Pichard, debt against John Baron, debt against William Toppefold, debt against Edmund Carter, trespass against John Sygar, debt against Robert Panter, debt against John Helyon, and various other suits, and for this period his fees are now in arrears by 75s, with expenses of £6 5s. However, JR has not paid this, to his damage of £20.

Pleading: JR granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1446, rot 422d] JR states that, regarding the 5m 8s 4d [75s] of this debt TT ought not continue his action, since he does not owe this or any money to TT as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Michaelmas. And concerning the remaining 9m 11s 4d [sic] of this £10, which TT supposes he owes him for costs and expenses, he states that he does not owe this or any money as claimed, and asks to wager his law instantly.

Pleading: TT states that concerning the plea regarding the 9m 11s 4d, he does not by law have to make a response, and seeks judgment and the debt and damages.

Pleading: JR states that since his plea was sufficient in law to preclude TT from his action, he seeks judgment and that TT be precluded from his action regarding the 9m 11s 4d. Justices wish to be advised, day given at octave of Michaelmas.

Case notes: continued on CP 40/742, rot 422d. Not clear why sum for costs and expenses rises from £6 5s to 9m 11s 4d.

Court of Common Pleas, CP 40/741, rot. 118

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Assault; Housebreaking; Imprisonment

Pleading: John Balle states that on 25 March 1446 Richard Chalkhill forcibly broke into his house in London, assaulted him and imprisoned him for five days, against the peace and to his damage of £20.

Pleading: RC granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 119

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Christopher Catayn, merchant of Genoa, states that on 13 May 1444 William Taillour made bond with him in £55, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: WT granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 119

Term: Easter 1446
County: London
Writ type: Debt (loan)
Damages claimed: £20
Case type: Loan

Pleading: John Derby states that on 10 October 1444 John Chamburleyn borrowed £12 from him, but has not paid, to his damage of £20.

Pleading: JC defends force and injury [pleading unfinished].

Court of Common Pleas, CP 40/741, rot. 119d

Term: Easter 1446
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: 100s
Damages awarded: 10s
Case type: Bond; Imprisonment; Loan

Pleading: John Kyng, Thomas Davy and John Morley, executors of John Kynge, and Richard Nedam and his wife Alice, former wife and executor of John Kynge, states that on 18 September 1439 John Squyry made bond with John Kynge the testator in 25s, and also borrowed a further 15s, payable to Kynge on request. However he has not paid either Kynge or the plaintiffs, to their damage of 100s. They show the bond in court, as well as the testamentary letters of Kynge, by which they have administration.

Pleading: Concerning the 15s loan, JS states that he does not detain this sum as they claim. Order that he wager his law at the octave of Trinity, pledges named. And regarding the 25s bond, JS states that he should not be bound to this debt, as at this time he was imprisoned by Kynge and his associates at Keston in Kent, and detained there until he made this bond under duress.

Pleading: The plaintiffs deny this, stating that at the time of the bond JS was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Kent to have jury of Keston here at the octave of Trinity.

Postea text: Parties come, sheriff of Kent did not send writ, sicut prius, to Michaelmas three weeks. Regarding making his law, JS made essoin, to quindene of St John the Baptist. At which day JS came, attorney of plaintiffs made essoin to quindene of Michaelmas.

Postea text: Plaintiffs come, JS does not come. Plaintiffs to recover the 15s for the loan, and damages of 10s. JS amerced.

Case notes: Another similar case on CP 40/752, rot 130d.

Court of Common Pleas, CP 40/741, rot. 121

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: John Smyth states that on 12 January 1444 Walter Brag forcibly took goods and chattels belonging to him worth £10, namely a missal and a silver bowl, against the peace and to his damage of £20.

Pleading: WB denies responsibility for this trespass. Both parties on country. Sheriff to have jury here at octave of Trinity. Pledges named.

Postea text: Sheriff did not send writ, sicut prius, to quindene of Michaelmas 1446.

Court of Common Pleas, CP 40/741, rot. 132

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: William Mille states that on 18 May 1444 Thomas atte Hill bought from him 10 quarters of malt for 40s, but has not paid, to his damage of 100s.

Pleading: TH states that he does not owe this or any money as claimed. Both parties on the country. Sheriff to have jury here at octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 187

Term: Easter 1446
County: London
Writ type: Debt (other)
Damages claimed: 40s
Case type: Real action / rents / damage to real estate

Pleading: John Myn amerced for many defaults. Nicholas Bokelond states that on 25 December 1440 he demised to John Myn a house in the parish of St Margaret Pattens, London, to hold for 5 years, at a rent of 10s per year. He occupied the house for 4 years, for which he owes 40s rent, but he has not paid, to his damage of 40s.

Pleading: JM granted licence to imparl to octave of Trinity.

Postea text: Further licence to imparl, to octave of Michaelmas, with assent.

Court of Common Pleas, CP 40/741, rot. 302

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Housebreaking; Taking of goods

Pleading: Roger Brode states that on 15 April 1436 Hugh Mors forcibly broke into his house in London and took goods worth £15, namely a set of knives, a book called a 'portas', a silver bowl, six silver spoons, three gold rings, three silver girdles and one amber rosary, against the peace and to his damage of £40.

Pleading: HM granted licence to imparl to octave of Trinity.

Postea text: 5 further licences to imparl, to octave of Michaelmas 1447.

Case notes: Same case against different defendant on rot 113.

Court of Common Pleas, CP 40/741, rot. 302d

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Damages awarded: 3s 4d
Costs: 36s 8d
Case type: Arbitration; Sale of goods

Pleading: Thomas Pope states that on 1 February 1445 James Valleron bought one horse from him for 8m, payable on request, but has not paid, to his damage of £20.

Pleading: JV states that TP ought not have his suit, since at the feast of All Saints 1445, both he and TP placed themselves in the arbitration of Robert Marcheford and William Rose, concerning this and other matters outstanding between them. They adjudged that JV had sustained damage of 7m through these various issues committed against JV by TP, by which the arbiters adjudged that JV should retain 7m of this debt of 8m in satisfaction of this judgment, and pay the remaining 13s 4d and be quit. He thus paid this, and TP received it.

Pleading: TP, protesting that the arbiters never made any such judgment, states that JV never paid him this 13s 4d as claimed. Enquiry on the country. Sheriff to have jury here at octave of Trinity. Pledges named.

Postea text: Sheriff did not send writ, sicut prius, to octave of Michaelmas.

Postea text: Process continued, jury in respite to morrow of Martinmas 1446, nisi prius they come before Richard Neuton at St Martin le Grand on 5 November 1446. On this day, TP came, RN send record that on that day, before RN and John Danyell, parties came, jury came, said that JV did not pay TP this 13s 4d or any money. Damages assigned at 3s 4d, costs at 36s 8d. Order that TP recover the debt of 8m, and damages of 40s. JV amerced.

Postea text: Record and process of this case to be sent before the king on writ of error directed to RN, dated 23 January 1447.

Court of Common Pleas, CP 40/741, rot. 308

Term: Easter 1446
County: Kent
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Loan

Pleading: Richard Walshe and Robert Maister state that on 4 September 1440 John Arnold made bond with them and Simon atte Dene, now deceased, in 20m, and also borrowed from them a further 10m, payable on request, but has not paid either sum, to their damage of £20. they show the bond in court.

Pleading: JA granted licence to imparl to octave of Trinity, with assent of plaintiffs.

Postea text: 5 further licences to imparl, to octave of Michaelmas 1447, with assent.

Court of Common Pleas, CP 40/741, rot. 308d

Term: Easter 1446
County: Hampshire
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Andrew Hille and John Symmes state that on 22 June 1442 Richard Hedon made bond with them in £11, but has not paid, and nor has his executor, Alice Hedon, to their damage of £20. They show the bond in court.

Pleading: AH granted licence to imparl to octave of Trinity.

Postea text: 3 further licence to imparl, to quindene of Easter 1447.

Court of Common Pleas, CP 40/741, rot. 314

Term: Easter 1446
County: Suffolk
Writ type: Debt (other)
Damages claimed: 100s
Case type: Real action / rents / damage to real estate

Pleading: Thomas Barneslay, dean of the collegiate church of St John the Baptist at Stoke by Clare, and the chapter of that church, state that they were seised of an annual rent of 32s payable at Stoke by Clare from the hands of John Wakeryng, master of St Bartholomew's Hospital, London, just as their predecessors had been seised of JW and his predecessors, until six years before the date of their original writ, issued on 8 June 1445, when JW withdrew this payment, and which is now in arrears, to their damage of 100s.

Pleading: JW states that he is master of that hospital, and that he found his hospital exonerated of this payment. He is not able to burden or unburden his hospital of this payment without the authority of Reginald, prior of St Bartholomew, West Smithfield, patron of the hospital, and Robert, bishop of London, and he therefore asks for their assistance. Sheriff to summon them here at octave of Trinity, to answer the plaintiffs with the defendant.

Pleading: [continued at Hilary 1447, rot 317] At Michaelmas 1446, sheriff sent that they had been summoned, but the prior made essoin to morrow of Martinmas. The bishop of London came by attorney, given day. At that day, parties came, the bishop, by attorney, made essoin to octave of Hilary. At Hilary 1447, all parties came, the bishop, the prior and JW all granted licence to imparl to quindene of Easter.

Postea text: Sheriff did not send writ, sicut prius, to Michaelmas three weeks.

Case notes: Continued on CP 40/744, rot 317. Continued again on CP 40/798 (Trinity 1460), rot 126d, seemingly under a new writ, against a new master and claiming more arrears.

Court of Common Pleas, CP 40/741, rot. 316

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 13s 4d
Case type: Bond

Pleading: James Fynance states that on 27 May 1443 Anne Broun made bond with him in £10, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: AB granted licence to imparl to octave of Trinity.

Postea text: 2 further licences to imparl, to octave of Hilary 1447.

Postea text: JF came, AB did not come, in default. JF to recover debt, and damages of 13s 4d. AB amerced.

Postea text: JF acknowledged satisfaction of this debt. AB quit.

Court of Common Pleas, CP 40/741, rot. 319

Term: Easter 1446
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: £20
Case type: Bond; Sale of goods

Pleading: William Belyng and Thomas Clerk and his wife Rose, widow of William Waryng, executors of WW, state that on 6 January 1430 John Squery made bond with WW in 24s 8d, and also on 20 January 1437 JS bought from WW 17 yards of woollen cloth for 55s 4d, payable on request, but has not paid, either WW or his executors, to their damage of £20 and delaying the performance of his will. They show the bond in court, and the testamentary letters of WW, by which they have executry and administration.

Pleading: JS granted licence to imparl to octave of Trinity.

Postea text: Parties come, JS states that he does not detain the 55s 4d or any money as claimed. Wagers his law immediately. Executors take nothing for writ, but amerced for false claim, JS sent without day. Regarding the other 24s 8d, further licence to imparl, to octave of Michaelmas.

Postea text: Further licence to imparl, to octave of Hilary 1447.

Court of Common Pleas, CP 40/741, rot. 320

Term: Easter 1446
County: London
Writ type: Debt (bond); Debt (loan)
Damages claimed: £20
Case type: Bond; Loan

Pleading: William Latoner states that on 31 October 1438 Thomas Wybbe made bond with him in 52s, and also borrowed from him a further 8s, payable on request, but has not paid either debt, to his damage of £20. He shows the bond in court.

Pleading: TW granted licence to imparl to octave of St John the Baptist. Pledges named.

Court of Common Pleas, CP 40/741, rot. 320d

Term: Easter 1446
County: London
Writ type: Debt (other)
Damages claimed: £20
Damages awarded: 40s
Case type: Debt

Pleading: William Normanton and Nicholas Lyghtolers state that on 15 November, in Michaelmas term 1442, before Richard Neuton and his fellow justices of the Bench, John Lawys recognised that he owed to them 10m, payable at the Nativity of St John the Baptist next, and also a further 10m, payable at Michaelmas following. However, he has not paid this, to their damage of £20.

Pleading: JL granted licence to imparl to octave of Trinity, with assent of plaintiffs.

Postea text: 13 further licences to imparl, to octave of Michaelmas 1450.

Postea text: Plaintiffs come, JL did not come, in contempt, defaults. WN and NL to recover debt, and damages of 40s. JL amerced.

Court of Common Pleas, CP 40/741, rot. 327d

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Kyrkeby states that on 19 July 1440 John Skyte bought from him 200 ells of Flemish cloth, 50 ells of Brabant cloth and 20 pieces of buckram for £11 16s 4d, payable on request, but JS has not paid, to his damage of 100s.

Pleading: JS states that he does not owe this or any money as claimed. Makes his law immediately. TK to take nothing, amerced for false claim. JS goes without day.

Court of Common Pleas, CP 40/741, rot. 335d

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Debt; Taking of goods

Pleading: Richard Herte states that on 23 August 1444 John Rouse and John Grene carried off goods belonging to him in London to the value of £40, namely six sacks of 'kestenwolle' in two sarplers, against the peace and to his damage of £40.

Pleading: JR and JG granted licence to imparl to quindene of Trinity, with assent of RH.

Pleading: [continued at Trinity term 1446, rot 419] JR and JG state that RH ought not respond to this writ, as a certain John Bavand elsewhere, on [date omitted] brought a writ of the king against RH, directed to the sheriff of London, concerning a debt of £12 13s 4d, returnable before the justices here at the octave of St John the Baptist 1442. JB came, RH did not come, sheriff said he had nothing in his bailiwick, sheriff to take him and have him here at octave of Michaelmas 1442. Did not come, not found, to Michaelmas one month. Same, to octave of Martinmas. Same, placed in exigend, to octave of St John the Baptist (1443). Process continued, to Michaelmas one month 1445, JB came, RH did not come, sheriff to place him in exigend anew, or take him to be here at quindene of Trinity. On that day, the sheriff sent that at the hustings held on 20 June 1446 and at the four preceding hustings RH was summoned and did not appear, and he was outlawed. They seek judgment if RH responds.

Pleading: RH granted licence to imparl to octave of Michaelmas, with assent of defendants.

Postea text: 16 further licences to imparl, to octave of Trinity 1450, with assent of defendants.

Case notes: Continued on CP 40/742, rot 419

Court of Common Pleas, CP 40/741, rot. 335d

Term: Easter 1446
County: Middlesex
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: Thomas Nevyll states that on 6 July 1444 John Watkyns made bond with him in £100, but has not paid, to his damage of 10m. He shows the bond in court.

Pleading: JW states that this bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Trinity. Bond to remain in custody of Robert Darcy, for safe-keeping. JW appoints John Huet as his attorney.

Court of Common Pleas, CP 40/741, rot. 338d

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas Pateshull states that on 20 December 1435, in the parish of All Hallows, Langbourn ward, London, Thomas Thorp made two bonds with him, each in 40s, but he has not paid either, to his damage of 100s. He shows the bonds in court.

Pleading: TT states that these bonds were not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Trinity. Pledges named. Bonds to remain in custody of Robert Darcy, for safe-keeping.

Court of Common Pleas, CP 40/741, rot. 348d

Term: Easter 1446
County: Kent
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: John Stephene states that on Christmas Eve 1444, at Whitstable, Reginald Chapman bought from him a quarter part of a ship, a balinger named the 'Thomas' of Whitstable, for £8 6s 8d, but he has not paid, to his damage of £10.

Pleading: RC granted licence to imparl to octave of Trinity, with assent of JS.

Postea text: Further licence to imparl to quindene of Michaelmas.

Court of Common Pleas, CP 40/741, rot. 362

Term: Easter 1446
County: London
Writ type: Debt (loan)
Damages claimed: 20m
Case type: Loan

Pleading: Richard Grangier, parson of St Pancras, London, amerced for many defaults. John Wyggemore states that on 12 February 1444 Richard Grangier borrowed £12 from him, payable at the feast of St Laurence next. However, he has not repaid this, to his damage of 20m.

Pleading: RG, by attorney [name omitted], granted licence to imparl to octave of Trinity, with assent of JW.

Postea text: 10 further licences to imparl, to quindene of Hilary 1449.

Court of Common Pleas, CP 40/741, rot. 387

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: John Payne states that on 23 September 1444 Thomas Cappes made bond with him in £27 10s, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: TC states that he should not be bound to this debt, as at this time he was imprisoned by JP and his associates in Colchester, and detained there until he made this bond under duress.

Pleading: JP denies this, stating that at the time of the bond TC was not imprisoned, and made the bond freely and not under any duress. Both parties seek enquiry on the country. Sheriff of Essex to have jury of Colchester here at the octave of Trinity. Pledges named.

Postea text: Writ arrived late, sicut prius, to quindene of Michaelmas 1446.

Court of Common Pleas, CP 40/741, rot. 387

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John Abell and John Morys state that on 26 June 1444 John Machon made bond with them in £7, but has not paid, to their damage of £10. They show the bond in court.

Pleading: Machon granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 387d

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Palmer states that on 5 November 1445 Alexander Ordo bought from him 40 sheep for £4, but has not paid, to his damage of 100s.

Pleading: AO states that he does not owe this or any money as claimed. Order that he wager his law at octave of Trinity. Pledges for law named.

Court of Common Pleas, CP 40/741, rot. 404

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Nicholas Comper, executor of Richard Serle, states that on 15 December 1431 John Basyngham made bond with RS in £10, but did not pay either RS or himself as executor, and nor have William Malpas or his wife Margaret, the executor of JB, who still detain this sum, to his damage of £20. He shows in court the bond and the testamentary letters of RS, by which he is executor and has administration.

Pleading: WM in person and MM by attorney, protesting that the bond was not made of JB the testator, state that MM was never executor of JB, and never had administration of any of his goods.

Pleading: NC states that MM had administration of various goods formerly of JB, namely in the parish of St Dunstan in the East, Tower ward, London. Enquiry on the country. Sheriff to have jury here at octave of Trinity. Pledges named for WM.

Court of Common Pleas, CP 40/741, rot. 406d

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £20
Damages awarded: 40s
Case type: Bond

Pleading: John Nicholasson states that on 17 July 1439 Walter Dalham made bond with him in four separate bonds, each in £5 payable at different times, but has not paid any of them, to his damage of £20. He shows the bonds in court.

Pleading: WD granted licence to imparl to quindene of Trinity.

Postea text: 13 further licences to imparl, to octave of Michaelmas 1450.

Postea text: JN came, WD did not come, in default. JN to recover debt of £2o, and damages of 40s. WD amerced.

Court of Common Pleas, CP 40/741, rot. 407d

Term: Easter 1446
County: London
Writ type: Debt (bond); Debt (loan); Debt (sale of goods)
Damages claimed: £20
Case type: Bond; Loan; Sale of goods

Pleading: Agnes, former wife and executor of Richard Honyngton, states that on 10 September 1432 Thomas Wybbe made bond with RH in £6 19s, and also bought from him one fur of black lambs skins, 10 black lambs skins, 10 white lambs skins, one fur of winter hare skins, 7 marten skins, and two furs called livery furs ('leverey furrys') of white lambs skins, all for 34s 4d, and also borrowed a further 6s 8d, payable on request. However TW has not paid any of these sums, either to RH or his executor, to her damage of £20. She shows in court both the bond for £6 19s and the testamentary letters of RH, by which she is executor and has administration.

Pleading: TW granted licence to imparl to quindene of Trinity, with assent of AH. Pledges named.

Court of Common Pleas, CP 40/741, rot. 408d

Term: Easter 1446
County: Kent
Writ type: Debt (bond)
Damages claimed: 100m
Case type: Bond

Pleading: John Sandeway states that on 16 February 1435 John Estgarston, now deceased, made bond with him and a certain Thomas Sailesbury, now deceased, in £30 2s, but neither he nor his widow Isabel and son John, administrators of his goods appointed by the ordinary of Henry, Archbishop of Canterbury, have paid this sum, which the administrators yet detain, to his damage of 100m. They show the bond in court.

Pleading: Administrators granted licence to imparl to octave of Trinity.

Pleading: [continued at Michaelmas 1446, rot 428d] The administrators, protesting that the bond was not made of John Estgarston, deceased, state that administration of these goods was never granted to them. All parties on the country. Sheriff to have jury here at octave of Hilary.

Postea text: Further licence to imparl to octave of Michaelmas 1446.

Case notes: Continued on CP 40/743, rot 428d. Initial pleading supplemented from later details.

Court of Common Pleas, CP 40/741, rot. 414d

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: Thomas Canynges states that on 7 November 1443 John Malton made bond with him in £45 18s. JM has paid £5 18s of this, but has not paid the remaining £40, to his damage of £40. He shows the bond in court.

Pleading: JM, by attorney [name omitted], granted licence to imparl to octave of Trinity.

Pleading: [Followed by another case against Malton, by a John Hanham, esq., brought under Middlesex.]

Case notes: May be continued at Trinity 1446, rot 130d, but damages there claimed at £50.

Court of Common Pleas, CP 40/741, rot. 419d

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Thomas Gay states that on 12 May 1443 Thomas Lanhergy bought from him three yards of yellow cloth and 1¼ yards of green woollen cloth for 46s, but has not paid, to his damage of £10.

Pleading: TL granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 445

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas Frank, Henry Jurdan and Thomas Edmond, executors of Elizabeth Welford, state that on 11 November 1435 Henry Felungley made bond with EW and a certain John Brykles, now deceased (who EW survived), in 20m, but he did not pay them nor the executors of EW after her death, to their damage of £10. They show the bond in court (recited), by which HF, John Hubaud and John Holte were bound to EW and JB, and the testamentary letters of EW, by which they are executors and have administration.

Pleading: HF states that EW ought not have her action, as by a release which he shows in court, dated 20 December 1443, EW released and quit-claimed to John Holte all actions of debt, trespass, etc., outstanding between them.

Pleading: The executors state that this release was not made of EW. Enquiry on the country. HF states that the release was made in Birmingham. Sheriff of Warwickshire to have jury of Birmingham here at quindene of Trinity. Document to remain in custody of Henry Fylungley, king's clerk of the Bench, for safe-keeping.

Postea text: Sheriff did not send writ, sicut prius, to octave of Michaelmas.

Case notes: The defendant, Henry Fylungley, may in fact be one and the same person as the king's clerk, Henry Fylungley, in whose safe keeping the release is placed. Same case against Hubaud on CP 40/471, rot.458.

Court of Common Pleas, CP 40/741, rot. 445

Term: Easter 1446
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Thomas Burgoyne and Robert [Gayton], executors of John Wode, state that on 24 April 1443 John Wodman and John Wode the testator accounted for various goods sold by Wodman for Wode before that date, and Wodman was found to be in arrears by £13. However, Wodman has not paid this, either to Wode or his executors, to their damage of £10. They show in court the testamentary letters of Wode by which they are executors and have administration.

Pleading: Wodman granted licence to imparl to octave of Trinity.

Case notes: See further cases by these plaintiffs on CP 40/741, rot 447.

Court of Common Pleas, CP 40/741, rot. 447

Term: Easter 1446
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account; Sale of goods

Pleading: Thomas Burgoyne and Robert Gayton, executors of John Wode, state that on 17 March 1443 Thomas Domet, the defendant, and John Wode, the testator, together accounted for various merchandise sold to TD by JW, and the money then received, and TD was found to be in arrears by £19. However, TD did not pay this £19 to JW, and nor has he paid the executors after JW's death, to their damage of £10. They show in court the testamentary letters of JW, by which they have administration.

Pleading: TD granted licence to imparl to octave of Trinity.

Case notes: See also rot 445, and further case on the present rot.

Court of Common Pleas, CP 40/741, rot. 447

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Burgoyne and Robert Gayton, executors of John Wode, state that on 10 April 1443 Robert Tylden bought from JW one tun ('dolium') of red wine for £7, payable on request. However, he has not paid JW or his executors, to their damage of 100s. They show in court the testamentary letters of JW, by which they have administration.

Pleading: RT states that the executors ought not have their action, as by a document which he shows in court, dated 30 June 1443, JW released and quit-claimed to RT all actions both real and personal outstanding between them before that date.

Pleading: The executors state that this release was not made of JW. Enquiry by the country. RT states that the release was made at Maidstone in Kent. Sheriff of Kent to have jury of Maidstone here at octave of Trinity.

Case notes: See also rot 445, and further case on the present rot.

Court of Common Pleas, CP 40/741, rot. 447d

Term: Easter 1446
County: London
Writ type: Trespass (against statute)
Damages claimed: £20
Case type: Breach of Statute; Contract (service/employment)

Pleading: Thomas Lache, citing the terms of the Statute of Labourers, states that at Easter 1442 he retained a servant called Mary to serve him as a maid for one year. However, on 26 July 1442, she left his service to serve John Chilwell, and despite requests for JC to return her to TL, he has refused, in contempt of the king, against the form of the ordinance and to his damage of £20.

Pleading: JC granted licence to imparl to octave of Trinity.

Pleading: [continued at Trinity 1446, rot 397] JC states that by a document which he shows in court, dated 15 January 1444, TL released JC from all actions real and personal pending between them before that date.

Pleading: TL states that this release was not of his making. Enquiry on the country. JC states that the release was made in the parish of St Helen, Cripplegate ward, London (sic; presumably error for either St Olave or St Alban, Cripplegate ward, or St Helen, Bishopsgate ward). Sheriff of London to have jury of that parish here at octave of Michaelmas.

Postea text: 4 posteas, sheriff did not send writ, to quindene of Michaelmas 1447.

Case notes: Continued on CP 40/742, rot 397.

Court of Common Pleas, CP 40/741, rot. 447d

Term: Easter 1446
County: London
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Thomas Pertryche states that on 24 August 1444 Thomas Domet bought from him 26 'hundred' ('centenas') of woad ('wode') for £26, payable on request, but he has not paid, to his damage of £10.

Pleading: TD granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 456

Term: Easter 1446
County: Middlesex
Writ type: Debt (loan)
Damages claimed: £10
Case type: Loan

Pleading: John Pye states that on 3 February 1442 Richard Bryant, monk of Westminster, borrowed £26 from him, payable in two instalments, to the use and profit of Edmund [Kirton], Abbot of Westminster. However, the abbot has not re-paid this loan, to his damage of £10.

Pleading: Abbot of Westminster granted licence to imparl to octave of Trinity.

Court of Common Pleas, CP 40/741, rot. 456d

Term: Easter 1446
County: Middlesex
Writ type: Detinue
Damages claimed: 5m
Case type: Detention of goods; Safe keeping

Pleading: Thomas Parkous states that on 9 February 1443 he delivered to Thomas Fitz Herry for safe-keeping a certain document in which it was stated that a certain John Welford was bound to TP in 5m 6s 8d, to be returned to him on request. However, Fitz Herry now refuses to return it, to his damage of 5m.

Pleading: Fitz Herry presents the document in court, to be delivered to whoever the court decides, and states that it was delivered to him by TP and JW together, to be returned to one or other of them under certain conditions, but whether these have been implemented on the part of JW he is unaware. He asks that JW be warned. Order to the sheriff to warn JW to be here at octave of St John the Baptist, to show any reason why the bond should not be delivered to TP.

Postea text: 6 posteas, sheriff did not send writ, to octave of the Purification 1448

Postea text: Parties come, JW also come, sheriff said he summoned him by Robert Rodes, James Staynford, John Bristowe and William Dawe. Day given to parties at Easter one month 1448.

Court of Common Pleas, CP 40/741, rot. 456d

Term: Easter 1446
County: London
Writ type: Trespass (against statute)
Damages claimed: £10
Case type: Breach of Statute; Contract (service/employment)

Pleading: Thomas Babyngton, citing the terms of the Statute of Labourers, states that on 9 November 1445 he retained John Norton to serve him as a clerk for one year, but on 9 April he left his service without reasonable cause or licence, in contempt of the king, against the form of the statute and to his damage of £10.

Pleading: JN granted licence to imparl to octave of Trinity. Pledges named.

Court of Common Pleas, CP 40/741, rot. 457d

Term: Easter 1446
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Housebreaking; Taking of goods

Pleading: Thomas Kyng states that on 29 August 1443, Edward and Margaret Ware, together with Norman Washeburn, forcibly broke into his house in London and carried off goods to the value of 10m, namely 600lb of lead, against the peace and to his damage of £10.

Pleading: EW and MW deny this trespass as claimed. All parties place themselves on the country. Sheriff to have jury here at quindene of Trinity.

Court of Common Pleas, CP 40/741, rot. 458

Term: Easter 1446
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Thomas Frank, Henry Jurdan and Thomas Edmond, executors of Elizabeth Welford, state that on 11 November 1435 John Hubaud made bond with EW and a certain John Brykles, now deceased (who EW survived), in 20m, but he did not pay them nor the executors of EW after her death, to their damage of £10. They show the bond in court (recited), by which Henry Fylungley, John Hubaud and John Holte were bound to EW and JB, and the testamentary letters of EW, by which they are executors and have administration.

Pleading: Hubaud states that EW ought not have her action, as by a release which he shows in court, dated 20 December 1443, EW released and quit-claimed to John Holte all actions of debt, trespass, etc., outstanding between them.

Pleading: The executors state that this release was not made of EW. Enquiry on the country. Hubaud states that the release was made in Birmingham. Sheriff of Warwickshire to have jury of Birmingham here at quindene of Trinity. Document to remain in custody of Henry Fylungley, king's clerk of the Bench, for safe-keeping.

Postea text: Sheriff did not send writ, sicut prius to octave of Michaelmas 1446.

Case notes: Pleading damaged, details supplied from same case against Fylungley on rot 445.