CP40/664: Hilary term 1427

Court of Common Pleas, CP 40/664, rot. 054

Term: Hilary 1427
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Assault

Pleading: John H. claims that he was assaulted by William G. with force and arms in the parish of Rochester St Margaret, Kent, on 16/08/1426. Damages are claimed at 20m.

Pleading: Concerning the use of force and arms WG says that he is innocent and puts himself upon the country, and JH puts himself likewise. Concerning the remainder of the trespass WG says that in the place and at the time stated it was in fact JH who assaulted WG himself, and that WG merely defended himself as he had good licence to do. WG says that he did not intend any other harm.

Pleading: JH reiterates his claim, that he was assaulted by WG, and seeks inquiry upon the country, and WG seeks likewise. Order to the sheriff of Kent to make a jury come in Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 109d

Term: Hilary 1427
County: London
Writ type: Debt (account)
Damages claimed: £10
Case type: Reckoning of account

Pleading: Edward M. claims that Richard W. owes him 100s as determined by a reckoning of the account between them, held before EM himself, at London, concerning the time when RW acted as EM's receiver of monies.

Pleading: RW says that he does not owe EM the aforesaid 100s nor any other monies and offers his law, to be made immediately.

Postea text: RW makes his law and so is quit. EM is to have nothing for his writ, and is in mercy for false claim.

Court of Common Pleas, CP 40/664, rot. 110

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: John Tyrell and his wife Katherine Tyrell, herself the executor and lately the wife of John Spenser, are in mercy for many defaults. John L. claims that JT and KT (KT being the executor of JS) owe him £21 5s 2d per a bonds made between JL himself and the late JS. JL claims that this bond was made on 06/07/1415 and due in payments of £10 12s 7d in the feast of Martinmas 1415 (11/11/1415) and £10 12s 7d in the Pentecost 1416 (07/06/1416). JL says that the late JS did not pay this debt in his lifetime, nor did his executor KT after his death, not have KT and JT since their subsequent marriage. Damages are claimed at £20. Bond shown in court. And upon this JL says that the bond was made at London [parish and ward left blank].

Pleading: JT and KT defend and seek licence to imparl as far as Easter term 1427.

Postea text: 17 posteas - all further licences to imparl, forwarding the case as far as Michaelmas term 1431.

Court of Common Pleas, CP 40/664, rot. 114

Term: Hilary 1427
County: London
Writ type: Debt (other)
Case type: Debt

Pleading: William T. was summoned to respond to Benedict H. in a plea that WT owes BH 40s. In this manner come both WT and BH in their own persons. And upon this day is given between the parties in Easter term 1427. Pledges are named for the defendant.

Court of Common Pleas, CP 40/664, rot. 115d

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: Memorandum that Thomas Acton, on 12/02/1427, presents to this court a certain bill against Thomas Hore of Elmdon one of the attorneys of the common bench. In this bill, TA claims that TH owes him 10m on a bond, made at London on 05/02/1424 and payable in Easter 1424 (23/04/1424). Damages are claimed at £10. Pledges of the prosecution are named. And upon this TA presents the bond to the court.

Pleading: TH defends and says that the force of the bond ought not hold because it is not of his making. TH puts himself upon the country, and TA puts himself likewise. Order to the sheriff of London to make a jury come in Easter term 1427. The bond is given to clerk Robert D. for safe keeping.

Postea text: postea 1 - the sheriff has not done anything, nor has he sent the writ, and so the sheriff of London is again ordered to make a jury come, in Trinity term 1427.

Postea text: postea 2 - the sheriff of London did not send the writ and so the case is forwarded as far as Michaelmas term 1427.

Court of Common Pleas, CP 40/664, rot. 116d

Term: Hilary 1427
County: Lincolnshire
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Housebreaking; Real action / rents / damage to real estate; Trespass (chattels)

Pleading: Everard F., John E., David O., Robert Bothumsell, Thomas C., Richard H., John H., Andrew L., Richard Brattoft, and John S. claim that on 27/06/1426 Richard C. used force and arms to break their close at Fleet, Lincolnshire, where RC then allowed his oxen, cows, and sheep to trample and consume the plaintiffs' wheat, barley, grass to the value of £20 from the day of the aforesaid trespass as far as the day of the making of their original writ on 03/01/1427. Damages are claimed at £20.

Pleading: RC defends and seeks licence to imparl s far as Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 118

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: John B. and Thomas S. claim that John H. owes them 8m per a bond. Damages are claimed at 10m. Bond shown in court. And upon this JB and JS say that the bond was made at [location left blank, presumably London as the case is marginalized as such].

Pleading: JH defends and seeks licence to imparl as far as Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 118d

Term: Hilary 1427
County: Hertfordshire
Writ type: Disseisin
Case type: Dower; Real action / rents / damage to real estate

Pleading: John C. and his wife Margery C. seek from Thomas B.; who was called to warrant by earl Thomas M., Thomas T., John Parker (Sen.), and John Parker (Jr.), and who warranted them; a third part of the manor called 'Andrews' with appurtenances and 200 acres of land, 30 acres of meadow, 40 acres of pasture, 20 acres of wood, and 10m in rents with appurtenances in Cheshunt, Hertfordshire, as MC's dower by gift of her late husband William C.

Pleading: TB holds by his warrant and says that JC and MC ought not have the dower of MC, because MC withdrew from her husband WC, was residing in a state of adultery with a certain Robert C. at Chesthunt, and was not reconciled with her husband WC during his lifetime.

Pleading: JC and MC say that MC never withdrew from WC in the manner aforesaid, and seek inquiry upon the country, and TB seeks likewise. Order to the sheriff of Hertfordshire to make a jury come in Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 122

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £40
Case type: Bond

Pleading: John F. claims that John P. owes him £33 20d per a bond. Damages are claimed at £40. Bond shown in court.

Pleading: JP defends and seeks licence to imparl as far as Easter term 1427, with the assent of JF. Pledges are named for the defendant.

Court of Common Pleas, CP 40/664, rot. 127

Term: Hilary 1427
County: London
Writ type: Trespass (force and arms)
Damages claimed: £10
Case type: Abduction

Pleading: Edward T. claims that on 21/08/1424 his servant, Agnes W., was in his service at London [parish and ward left blank] when John G. abducted her with force and arms, so that ET was without AW's service for one-quarter of a year thereafter and thus worse off to the value of 100s. Damages are claimed at £10.

Pleading: JG defends and seeks licence to imparl as far as Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 127d

Term: Hilary 1427
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods

Pleading: William Belverge claims that John W. unjustly detains a certain chest containing charters, writings, and other muniments. William Belverge (plaintiff) says that a certain Henry A. was seised of 16 acres of land with appurtenances in Sharpenhoe, Bedfordshire, and that by way of a certain charter HA granted that land to William Belverge of Knebworth (Sen.) and Agnes (B.) the wife of William Belverge of Knebworth (Sen.), and the heirs of their bodies; so that if William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth should die without heirs of their bodies the same 16 acres would pass to the heirs of William Belverge of Knebworth (Sen.). William Belverge (the plaintiff) says that the this charter was delivered to William Belverge of Knebworth (Sen.), and by the force of that charter William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth (Sen.) were seised of the said 16 acres in their demesne and as of fee tail. And to William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth (Sen.), so seised, a certain John A. quitclaimed to William Belverge of Knebworh (Sen.) and his heirs all his right and claim to the aforesaid 16 acres , by way of a certain writing which was given to William Belverge of Knebworth (Sen.). AB then later died, as did William Belverge of Knebworth (Sen.), without producing an heir by their bodies but in possession of the aforesaid charter (by HA), writing (by JA), and other muniments relating to the aforesaid 16 acres, contained within the chest which plaintiff William Belverge (the plaintiff) now seeks. William Belverge (the plaintiff) claims that at the death of William Belverge of Knebworth (Sen.) the right to the aforesaid 16 acres descended to him as great-grandson of William Belverge of Knebworth; the present plaintiff William Belverge claiming to be 'the son of Stephen B. the son of William Belverge (Jr.) the son of William Belverge of Knebworth (Sen.). William Belverge (the plaintiff) says that after the death of William Belverge of Knebworth (Sen.) the aforesaid chest with charters etc. passed into the hands of JW at London, in the feast of Michaelmas 1411 (29/09/1411), but that JW refuses to give the it to him. Damages are claimed at £100.

Pleading: JW defends and seeks licence to imparl as far as Easter term 1427.

Pleading: [further information drawn from CP40/665 rot.339] JW says that he does not detain the aforesaid chest with charters etc. and puts himself upon the country, and William Belverge (plaintiff) puts himself likewise. Order to the sheriff of London to make a jury come in Trinity term, 1427.

Case notes: A second writ is sued out on CP 40/664 rot 437d, the only difference being that the defendant is called a husbandman of Knebworth rather than parson of Datchworth; further information drawn from CP 40/665 rot 339; also related to CP 40/667 rot 327.

Court of Common Pleas, CP 40/664, rot. 132

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £60
Damages awarded: 13s 4d
Case type: Bond

Pleading: John G. claims that William R. owes him £40 as the unpaid residue of a £166 14s bond. JG acknowledges satisfaction in £144 14s of the original amount owed. Damages are claimed at £60. Bond shown in court.

Pleading: WR defends and seeks licence to imparl as far as Easter term 1427, with the assent of JG.

Postea text: postea 1 - WR says that he cannot deny that he owes JG the aforesaid £40 per the above said bond. Therefore, the decision is that JG is to recover the said £40 plus 13s 4d damages.

Court of Common Pleas, CP 40/664, rot. 152

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Imprisonment

Pleading: Thomas L. claims that William G. owes him £60 per a bond. Damages are claimed at 20m. Bond shown in court. And upon this TL says that the bond was made at London etc.

Pleading: WG says that the force of the bond ought not hold because at the time of its making he was imprisoned by TL and others of his coven at Lutterworth, Leicestershire.

Pleading: TL says that WG was a free man at the time of the bond's making and seeks inquiry upon the country, and WG seeks likewise. Order to the sheriff of Leicestershire to make a jury come in Easter term 1427.

Postea text: postea 1 - the sheriff of Leicestershire returns that the writ reached him too late and so the case is forwarded until later in Easter term 1427.

Postea text: postea 2 - continuance between the parties as far as Trinity term 1427.

Postea text: postea 3 - the sheriff of Leicestershire returns the writ of the lord king to have a jury etc. omitting to make execution against two of the jurors first empanelled, namely William S., and Thomas P. Which return of the said sheriff, namely Richard H., is insufficient, and sheriff RH in mercy for making an insufficient return. Sheriff RH is amerced 6s 8d and ordered to have a jury to this court in Michaelmas term 1427.

Court of Common Pleas, CP 40/664, rot. 189

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Damages awarded: 26s 8d
Case type: Bond

Pleading: William S. claims that Edmund S. owes him £12 10s as the unpaid residue of a £25 bond. WS acknowledges payment concerning the other £12 10 of the aforesaid £25. Damages are claimed at 10m. Bond shown in court.

Pleading: ES defends and seeks licence to imparl as far as Easter term 1427. Pledges are named for the defendant.

Postea text: postea 1 - ES does not come and so WS is to recover the aforesaid £12 10 from ES, plus 26s 8d damages, assessed by the court with the assent of WS. ES is in mercy and to be arrested.

Court of Common Pleas, CP 40/664, rot. 189d

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 40m
Case type: Bond

Pleading: Thomas Savage and Roger H. claim that Thomas Segrave owes them £40 per a bond made between Thomas Savage, RH. and a certain late Richard F. on the one part, and Thomas Segrave on the other part. Damages are claimed at 40m. Bond shown in court. And upon this Thomas Savage and RH say that the bond was made at London etc.

Pleading: Thomas Segrave seeks that the bond and its endorsements be read. The condition on the bond is that if Thomas Segrave should pay Thomas Savage and/or RH £24 17d in Michaelmas 1422 (29/09/1422) at Leicester then the bond would be null and void. Upon hearing and understanding this Thomas Segrave says that the action against him ought not continue because he paid the aforesaid £24 17d at Kirkby Bellars, Leicestershire, in accordance with the bond's endorsement.

Pleading: Thomas Savage and RH says that Thomas Segrave did not pay them the aforesaid £24 17s in accordance with the bond's endorsement and seek inquiry upon the country, and Thomas Segrave seeks likewise. Order to the sheriff of Leicestershire to make a jury come in Easter term 1427. Pledges are named for the defendant.

Postea text: postea 1 - the sheriff of Leicestershire returns that the writ reached him late and so the case is forwarded as far as Trinity term 1427.

Court of Common Pleas, CP 40/664, rot. 212d

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 100s
Case type: Bond

Pleading: Thomas P. claims that Thomas H. owes him 100s per a bond. Damages are claimed at 100s. Bond shown in court. And upon this TP says that the bond was made at London etc.

Pleading: TH seeks to hear the bond and its endorsements, which are read to him. The condition of the bond and endorsement is that if TH should pay TP 100s in payments of: 10s at the quindene of Hilary 1426 (27/01/1426) in the church of St Peter Westcheap; 10s in Easter 1426; 10s in the nativity of St John the Baptist 1426 (24/06/1426); 10s in Michaelmas 1426 (29/09/1426); and 10s at each of the same four annual feasts thereafter until 100s should be fulley paid, then the bond should be null and void. Upon hearing and understanding this TH says that he paid TP all of the aforesaid sums at Westminster, Middlesex, in accordance with the force and effect of the bond's endorsement.

Pleading: TP, not acknowledging that TH made any of the aforesaid payments, says that TH did not make the 10s payment of the quindene of Hilary 1426 (27/01/1426).

Pleading: TH says that he did make the payment which was due in the quindene of St Hilary 1426 and puts himself upon the country, and TH puts himself likewise. Order to the sheriff of Middlesex to make a jury come in Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 222

Term: Hilary 1427
County: Essex
Writ type: Trespass (force and arms)
Damages claimed: £20
Case type: Taking of goods

Pleading: William Wyse claims that Thomas Wellys used force and arms to seize and carry off his goods and chattels to the value of £10 at Maldon, Essex. The goods taken were namely: 2 pair of weaving looms; 4 copper/brass jars; 2 dozen silver spoons; one 'doser of worset', 2 dozen pewter vessels; one basin with laver; and 4 candlesticks. Damages are claimed at £20.

Pleading: Thomas Wellys says that he is innocent and puts himself upon the country, and Thomas Wyse puts himself likewise. Order to the sheriff of Essex to make a jury come in Easter term 1427. And upon this Thomas Wellys puts in his place (attorney) John N. versus William Wyse in this suit.

Postea text: postea 1 - the sheriff of Essex returns that the writ reached him too late and so the case is forwarded as far as Trinity term 1427.

Court of Common Pleas, CP 40/664, rot. 302

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond; Contract (general); Sale of goods

Pleading: Thomas P. claims that John B. owes him £10 per a bond. Damages are claimed at 20m.

Pleading: JB says that the force of the bond ought not hold because since the making of the aforesaid bond TP made an indenture, sealed by TP himself, which JB presents to the court. This indenture, made between TP and a certain Richard T at London, says that RT has sold to TP all the wood and underwood growing within the manor of Oxenford (Middlesex), and the appurtenances of the same manor within the parish of Sunbury in the lordship of Kempton in Middlesex, with 60 principal trees of elm and oak growing in the lordship of The Rye in the parish of Feltham; excepting and reserving to RT all trees growing outside and around the manor of Oxenford, that is 'half shide and under half shide', and whatever willow, whitethorn, and blackthorn is growing within the manor of Oxenford. For these trees TP was to pay RT £10, by which payment TP was to have, for felling and removal of the aforesaid trees, free entry and exit of the property for his servants, carts, and horses at whatever time etc. from the day of the indenture's making for the two years then next following without impediment. Because of this agreement RT and the defendant JB obliged themselves to TP in £10, payable in Christmas 1425, just as appears in the aforesaid bond, with the condition that if TP should have free livery of the aforesaid wood, with free entry and exit as stated above, during the term aforesaid and in accordance with the indenture, then the bond should be null and void. JB says that he, for his part, fulfilled all the terms of the indenture, and so the bond should be null and void. JB is prepared to verify.

Pleading: TP says that a certain Henry S. is now, and was at the time of selling of the above timber, lord of the aforesaid manor which is ancient demesne of the crown. TP says that the aforesaid wood is a parcel of the same manor, and held of HS as part of the same manor at the will of HS according to the custom of the manor etc. Thus, HS seised of the wood defended the wood so that TP was impeded from felling the aforesaid trees etc. Therefore TP seeks payment on the bond and damages.

Pleading: JB says that the wood is not held of HS as of his manor, nor is HS seised of the wood as TP claims. JB says that TP was not impeded from felling and removing etc. the aforesaid trees and puts himself upon the country, and TP puts himself likewise. Order to the sheriff of Middlesex to make a jury come in Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 305

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £100
Case type: Bond

Pleading: Memorandum that Nicholas L., on 12/02/1427, has presented to these justices a certain bill against William W, one of the clerks of the common pleas. In this bill NL claims that WW owes him £112 6s 4d on a bond made at London on 21/02/1424 and payable on 20/10/1425. Damages are claimed at £100. The bond is shown in court. Pledges of the prosecution are named.

Pleading: WW defends and seeks licence to imparl as far as Easter term 1427.

Postea text: 8 posteas - all further licences to imparl, forwarding the case as far as Easter term 1429.

Case notes: First pleading repeated on CO40/665 rot.307.

Court of Common Pleas, CP 40/664, rot. 306

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Imprisonment

Pleading: John Coventre, John Carpenter, and William Grove, executors of the will of Richard W., claim that Henry G. owes them £9 on two bonds of 6m 9s each made between HG and the late RW. Damages are claimed at £20. Bonds shown in court, as well as letters testamentary. Upon this executors John Coventre, John Carpenter, and WG say that the bonds were made at London [parish and ward left blank].

Pleading: HG says that the force of the bond ought not hold because at the time of its making he was arrested by RW at Chertsey (Surrey), and whilst so detained was coerced by RW, his servants and associates. Thus HG says that the bonds were made under duress.

Pleading: Executors John Coventre, John Carpenter, and WG say that HG made the bonds of his own free will and seek inquiry upon the country, and HG seeks likewise. Order to the sheriff of Surrey to make a jury come in Easter term 1427. Pledges are named for the defendant.

Court of Common Pleas, CP 40/664, rot. 317

Term: Hilary 1427
County: Essex
Writ type: Debt (other)
Damages claimed: 100s
Case type: Real action / rents / damage to real estate

Pleading: Thomas Wellys, executor of the will of John Wellys, claims that William Wyse owes him 52s. Thomas Wellys says that on 24/09/1403 the late JW demised one messuage with appurtenances at Maldon, Essex, to William Wyse for a term of three and one-quarter years next following Michaelmas 1403 (29/09/1403). In exchange Thomas Wyse was to pay the late JW 16s annually, payable in equal portions at the feasts of Easter and Michaelmas. Thomas Wellys says that William Wyse did not pay this rent to the late JW, nor has it been paid to Thomas Wyse since JW's death. Damages are claimed at 100s. Letters testamentary are shown to the court.

Pleading: William Wyse says that he does not owe Thomas Wellys the aforesaid 52s and puts himself upon the country, and Thomas Wellys puts himself likewise. Order to the sheriff of Essex to make a jury come in Easter term 1427. And upon this Thomas Wellys puts (attorney) John Newland in his place versus William Wyse in this suit.

Court of Common Pleas, CP 40/664, rot. 317d

Term: Hilary 1427
County: Essex
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 100s
Case type: Sale of goods

Pleading: Thomas Wellys, executor of the will of John Wellys, in person, states that on 13 August 1403, in Maldon, John Burgeys bought from John Wellys 3 millstones, 4 quarters of wheat, 10 quarters of oats, and 12 cart-loads of hay for £7, payable at Michaelmas then next, and also on the same day borrowed a further 59s, also payable at Michaelmas then next. However, JB has not paid this total of £9 19s, either to JW during his lifetime or to TW after JW's death, to his damage of 100s. TW shows in court the testamentary letters of JW, by which he is executor and has administration.

Pleading: JB says that he does not owe TW this £9 19s as claimed. Parties on country, jury here at quindene of Easter. TW puts John Neweland in his place against JB.

Court of Common Pleas, CP 40/664, rot. 384d

Term: Hilary 1427
County: Leicestershire
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Nicholas W. claims that John T. owes him £8 16s 8d arising from the sale of one pipe of rape oil ('meythoyle' (mette oil)), 12lb of pepper, and 1lb of saffron which JT bought but did not pay for. Damages are claimed at £10.

Pleading: JT says that he does not owe NW the aforesaid £8 16s 8d or any other monies and puts himself upon the country, and NW puts himself likewise. Order to the sheriff of Leicestershire to make a jury come in Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 421d

Term: Hilary 1427
County: Cambridgeshire
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John M., Henry H. and John C. claim that John T. owes them £20 as the unpaid residue of two bonds which totalled £21 3s 3d. The first of these bonds was made in 20m on 01/06/1419 and payable at the Nativity of St John the Baptist, while the second, made on the same day, was payable at Christmas 1420. JM, HH, and JC acknowledge that they were paid 23s 3d of the original £21 3s 3d. Bonds shown in court. Damages are claimed at 20m. And the plaintiffs say that the two bonds were made at Cambridge.

Pleading: JT defends and seeks licence to imparl as far as Easter term 1427.

Postea text: 7 posteas - all further licences to imparl, forwarding the case to Hilary term 1429.

Court of Common Pleas, CP 40/664, rot. 421d

Term: Hilary 1427
County: Cambridgeshire
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: Richard H. is in mercy for many defaults. John M., Henry H. and John C. claim that Richard H. owes them £20 as the unpaid residue of two bonds which totalled £21 3s 3d. The first of these bonds was made in 20m on 01/06/1419 and payable in the nativity of St John 1419 (24/06/1429). The second of these bonds was made on the same 01/06/1419 and payable in Christmas 1420 (25/12/1420). JM, HH, and JC acknowledge that they were paid 23s 3d of the original £21 3s 3d. Bonds shown in court. Damages are claimed at 20m. And the plaintiffs say that the two bonds were made at Cambridge (Cambridgeshire).

Pleading: RH defends and seeks licence to imparl as far as Easter term 1427.

Postea text: 7 posteas - all further licences to imparl, forwarding the case as far as Hilary term 1429.

Court of Common Pleas, CP 40/664, rot. 426

Term: Hilary 1427
County: Hertfordshire
Writ type: Debt (bond)
Damages claimed: £10
Case type: Bond

Pleading: John H. claims that Henry D. owes him £40 per a bond. Bond shown in court. Damages are claimed at £10. And upon this JH says that the bond was made at Berkhamsted, Hertfordshire.

Pleading: HD defends and seeks licence to imparl as far as Easter term 1427.

Court of Common Pleas, CP 40/664, rot. 437d

Term: Hilary 1427
County: Hampshire
Writ type: Debt (sale of goods)
Damages claimed: £10
Case type: Sale of goods

Pleading: Richard W., executor of the will of Roger M., claims that Isabel S. owes him £6 arising from the sale of 200 pounds of almonds, 3 pounds of saffron, 100 pounds of wax, and 2 pounds of cloves which IS bought from the late RM but did not pay for. Damages are claimed at £10. Letters testamentary are shown to the court.

Pleading: IS defends and seeks licence to imparl as far as Easter term 1427.

Pleading: [further information drawn from CP40/665 rot.133d - Easter 1427] IS says that she does not owe RW the aforesaid £6 nor any other monies and offers her law, to be made on the morrow of the ascension of the lord, 30/05/1427 (later in Easter term 1427). Pledges of law are named. It is ordered that IS's attorney, [un-named], is to have his mistress to this court to make her law at the time above said.

Case notes: further information drawn from CP 40/665, rot 133d.

Court of Common Pleas, CP 40/664, rot. 437d

Term: Hilary 1427
County: London
Writ type: Detinue
Damages claimed: £100
Case type: Detention of goods

Pleading: William Belverge claims that John W. unjustly detains a certain chest containing charters, writings, and other muniments. William Belverge (plaintiff) says that a certain Henry A. was seised of 16 acres of land with appurtenances in Sharpenhoe, Bedfordshire, and that by way of a certain charter HA granted that land to William Belverge of Knebworth (Sen.) and Agnes (B.) the wife of William Belverge of Knebworth (Sen.), and the heirs of their bodies; so that if William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth should die without heirs of their bodies the same 16 acres would pass to the heirs of William Belverge of Knebworth (Sen.). William Belverge (the plaintiff) says that the this charter was delivered to William Belverge of Knebworth (Sen.), and by the force of that charter William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth (Sen.) were seised of the said 16 acres in their demesne and as of fee tail. And to William Belverge of Knebworth (Sen.) and AB the wife of William Belverge of Knebworth (Sen.), so seised, a certain John A. quitclaimed to William Belverge of Knebworh (Sen.) and his heirs all his right and claim to the aforesaid 16 acres , by way of a certain writing which was given to William Belverge of Knebworth (Sen.). AB then later died, as did William Belverge of Knebworth (Sen.), without producing an heir by their bodies but in possession of the aforesaid charter (by HA), writing (by JA), and other muniments relating to the aforesaid 16 acres, contained within the chest which plaintiff William Belverge (the plaintiff) now seeks. William Belverge (the plaintiff) claims that at the death of William Belverge of Knebworth (Sen.) the right to the aforesaid 16 acres descended to him as great-grandson of William Belverge of Knebworth; the present plaintiff William Belverge claiming to be 'the son of Stephen B. the son of William Belverge (Jr.) the son of William Belverge of Knebworth (Sen.). William Belverge (the plaintiff) says that after the death of William Belverge of Knebworth (Sen.) the aforesaid chest with charters etc. passed into the hands of JW at London, in the feast of Michaelmas 1411 (29/09/1411), but that JW refuses to give the it to him. Damages are claimed at £100.

Pleading: JW defends and seeks licence to imparl as far as Easter term 1427.

Case notes: A second writ is sued out on CP40/664 rot.127d., the only difference being that the defendant is called parson of Datchworth rather than husbandman of Knebworth; also related to CP40/667 rot.327.

Court of Common Pleas, CP 40/664, rot. 454

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond; Imprisonment

Pleading: Robert P. claims that John B. owes him 10m per a bond. Damages are claimed at 10m. Bond shown in court. And upon this RP says that the bond was made at London etc.

Pleading: JB says that the force of the bond ought not hold because at the time of the bond's making he was imprisoned by RP and his associated in London, and made the bond under duress.

Pleading: RP says that JB was a free man at the time of the bond's making and seeks inquiry upon the country, and JB seeks likewise. Order to the sheriff of London to make a jury come in Easter term 1427.

Postea text: postea 1 - continuance as far as Michaelmas term 1427.

Postea text: postea 2 - JB does not come to defend and so a jury is to be taken against him in default. The case is respited as far as the quindene of Martinmas 1427 unless first heard by justice John C. at the assize at St Martin le Grand on Saturday next after the feast of St Edmund the king and martyr (22/11/1427).

Court of Common Pleas, CP 40/664, rot. 454

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £30
Case type: Bond; Real action / rents / damage to real estate

Pleading: John F. claims that Simon C. owes him £20 on a bond. Damages claimed at £30. Bond shown in court. JF says that the bond was made in London [parish and ward left blank; CP 40/667 rot 101 gives the location as the parish of St Peter in Candlewick Street ward, but this is geographically impossible].

Pleading: SC defends and seeks licence to imparl as far as Easter term 1427. Pledges named for the defendant.

Pleading: [Further information drawn from CP 40/667, rot 101] SC defends and seeks that the bond and its endorsements be read out. The condition on the bond is such that if SC should claim a certain parcel of land in Southampton in his own right or that of his wife Christine, or at any time accept the same parcel of land from the constable of the castle of Southampton or anyone else, to himself and his heirs for a term of life or years, then the bond shall have force; otherwise it shall be null and void. The land in question lay in the parish of St Michael in Southampton, on the northern side of a street called 'Simnel Street', between a certain mill of JF to the south, the castle ditch to the north, the tenement of John D. to the west, and the tenement of William F. and the gate of SC's tenement to the east. SC says that he held to the conditions of the bond and so it should have no effect.

Pleading: JF says that SC did not hold to the conditions of the bond. JF says that after the bond's making SC and wife Christine, on 28 June 1425, came upon the aforesaid parcel of land and claimed it as the right of CC.

Pleading: SC says that he and CC did not claim the aforesaid land by right of CC. Parties on country, jury here at the octave of Hilary.

Postea text: [ono CP 40/664, rot 454] 2 further licences to imparl, to the octave of Michaelmas 1427.

Postea text: [on CP 40/667, rot 101] 2 posteas, sheriff of Southampton did not send the writ, to the octave of Trinity 1428.

Case notes: Continued on CP 40/667, rot 101.

Court of Common Pleas, CP 40/664, rot. 454d

Term: Hilary 1427
County: London
Writ type: Detinue
Damages claimed: 100s
Case type: Detention of goods; Safe keeping

Pleading: Thomas M. claims that on 19/06/1424 he give a certain book worth 100s, called the 'Polycronycon' ('Polychronicon'), to John K. for safe keeping, but that JK now refuses to return it. Damages are claimed at 100s.

Pleading: JY defends and seeks licence to imparl as far as Easter term 1427.

Postea text: postea 1 - further licence to imparl as far as Trinity term 1427.

Case notes: Related to CP40/659 rot.212

Court of Common Pleas, CP 40/664, rot. 455d

Term: Hilary 1427
County: Kent
Writ type: Trespass (force and arms)
Damages claimed: £40
Damages awarded: 13s 4d
Costs: 4m
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: Hamon G. claims that John C., John L., and John Bewegraunt, used force and arms to break his close at Milton in Kent, from which they seized and carried off goods and chattels to the value of £20. The goods taken were namely: one plough, 20 quarters of wheat, and 20 quarters of barley. Damages are claimed at £40.

Pleading: JC, JL, and John Bewegraunt defend and seek licence to imparl as far as Easter term 1427.

Pleading: [further information taken from CP40/665 rot.169 - Easter 1427] Concerning the use of force and arms, JC, JL, and John Bewegraunt say that they are innocent and put themselves upon the country, and TG puts himself likewise. Concerning the remainder of the supposed trespass JC and JL claim that the aforesaid close, at the time of the supposed trespass, was the soil and free tenement of JC and JL as well as that of earl Henry Percy (earl of Northumberland), earl John Holland (earl of Huntindon), William S., John Bamburgh, and John T, hence they entered it with good licence. John Bewegraunt says that he only entered the close as the servant of JC and JL, and did not intend any other injury.

Pleading: HG says that the aforesaid close, at the time it is supposed that the trespass was made, was his own soil and free tenement, and not that of JC, JL, earl HP, earl JH, WS., John Bamburgh, and JT. HG seeks inquiry upon the country, and the defendants (JL, JC, and John Bewegraunt) seek likewise. Order to the sheriff of Kent to make a jury come in Trinity term 1427.

Postea text: postea 1 - continuance between the parties as far as the quindene of Hilary term 1428 unless the case is first heard before justice John Martyn at the assize of Maidstone, Kent, on 07/01/1428.

Postea text: postea 2 - the case is first heard before justice John Martyn and associate justice Thomas Peny at the assize of Maidstone, Kent, on 07/01/1428. A jury come and say on oath that JC, JL, and John Bewegraund did seize and carry off the goods and chattels aforesaid, just as accused. And, the jury says that at the time of the trespass the location aforesaid was indeed the soil and free tenement of HG, just as HG claimed. The jury awards HG damages of 13s 4d and costs of 40s. Additionally, a further 13s 4d for costs awarded by the justices, at the request of HG. Thus HG will receive a total of 1m in damages and 4m in costs.

Case notes: further information taken from CP40/665 rot.169

Court of Common Pleas, CP 40/664, rot. 459d

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Robert M. claims that Richard C. owes him £22 on a bond. Damages are claimed at £20. Bond shown in court.

Pleading: RC defends and seeks licence to imparl as afar as Easter term 1427, with the assent of RM.

Court of Common Pleas, CP 40/664, rot. 459d

Term: Hilary 1427
County: London
Writ type: Debt (bond)
Damages claimed: £40
Damages awarded: 20d
Costs: 18s 4d
Case type: Bond; Contract (general); Sale of goods

Pleading: Bertram F. claims that Richard B. owes him £30 per a bond made at London on 18/07/1426. Damages are claimed at £40. Bond shown in court.

Pleading: RB defends and seeks licence to imparl as far as Easter term 1427, with the assent of BF. And upon this, with the assent of BF, RB puts (attorney) Thomas P. in his place versus BF in this suit.

Pleading: [Further information drawn from CP40/665 rot.323d - Michaelmas Easter 1427] BF defends and says that he ought not be held to the aforesaid bond, because after its making an indenture was made between BF and RB on the same day (18/07/1426) and in the same place (London). This indenture recites the aforesaid bond, and has the condition that if RB should pay or make to be paid to BF at 'Le Crane' in Vintry Ward, London, 40 quarters of good marketable wheat worth 50s a quarter, and also linen cloth to the value of £10 of good quality etc. (ad laudabile et habile partem inter mercatorem et mercatore) prior to the bond's due-date of 17/08/1426, then the aforesaid bond shall be null and void. RB says that he wished and was prepared to delivered this wheat and cloth to BF at 'Le Crane' in Vintry Ward London prior to the said 17/08/1426 but neither BF nor anyone by that name came to 'Le Crane' prior to that day, on that day, or after that day to receive the aforesaid wheat and cloth. Thus, RB says that he upheld his end of the agreement and seeks judgement if BF maintains his suit. RB presents this indenture to the court under the seal of BF.

Pleading: BF says that RB did not hold to the agreement. BF says that RB did not have the said grain and cloth to 'Le Crane' prior to the aforesaid 17/08/1426 and seeks inquiry upon the country, and RB seeks likewise. Order to the sheriff of London to make a jury come in Trinity term 1427.

Postea text: postea 1 - continuance between the parties as far as the octave of Martinmas 1427 (late in Michaelmas term 1427) unless the case is first heard justice James S. at the assize of St Martin le Grand on 30/10/1427.

Postea text: postea 2 - the case is first heard justice James S. and associate justice Thomas B. at the assize of St Martin le Grand on 30/10/1427. A jury comes and says on oath that RB did not have the grain and cloth to 'Le Crane' prior to 17/08/1426 as had been agreed in the indenture. Therefore, it is the decision of the jury that BF is to recover the aforesaid debt of £30 plus damages of 20d and costs of 20d. Also, at BF's request, the justices award BF a further 16s 8d for costs.

Postea text: postea 3 - 10/10/1429 RB, who has been committed to the Fleet prison is led to the bar by the warden of the Fleet, alleging that after the giving of the aforesaid judgement against him the aforesaid BF, by way of a certain release, then shown to these justices, remised, relaxed, and quitclaimed himself to RB in all actions, real and person, etc., from the making of the world to the day of the making of the release, seeking that BF be brought to this court in Michaelmas in three weeks then next following (20/101429) to acknowledge or deny the release.

Postea text: postea 4 - BF does not come and so RB is quit concerning the aforesaid debt and damages.

Case notes: further information drawn from CP40/665 rot.323d

Court of Common Pleas, CP 40/664, rot. 465

Term: Hilary 1427
County: London
Writ type: Debt (other)
Damages claimed: 20m
Case type: Debt; Real action / rents / damage to real estate

Pleading: John Woodnesbergh, prior of Canterbury cathedral priory claims that John Swayn, parson of the church of St Mary Magdalen Milk Street, London, owes him £16 arrears on an annual rent of 10s. Prior JW says that a certain John F., lately prior of Canterbury cathedral priory, was seised of an annual rent of 10s as right of the cathedral church, which rent was paid by a certain William B lately parson of St Mary Magdalen Milk Street and all of his predecessors to the same late prior JF and all his predecessors etc. annually at Michaelmas from time immemorial etc. However this rent was not paid for the 32 years prior to the day of the making of prior JW's original writ on [date left blank]. Damages claimed at 20m.

Pleading: Parson JS defends and seeks licence to imparl to the quindene of Easter 1427.

Pleading: [Further information drawn from CP 40/666, rot 118] JS says that he is parson of the church of St Mary Magdalen Milk Street, instituted in the same, and that he found the same church to have been totally discharged of the said annual rent. JS says that he is not able to charge or discharge any burdens on his church without William, bishop of London, ordinary of the church, and Reginald, dean of St Paul's, patron of St Mary Magdalen by right of his deanery. JS seeks the assistance of these people, and therefore the sheriff of London is ordered to summon them to be before the court at the quindene of Michaelmas 1427, to answer the abbot JW together with defendant. Day given between the parties in the same term.

Postea text: postea 1 - further licence to imparl to the octave of Trinity 1427.

Case notes: Continued on CP 40/666, rot 118; related to CP 40/671, rot 309d, where the case is renewed between a new prior and new parson.

Court of Common Pleas, CP 40/664, rot. 476

Term: Hilary 1427
County: London
Writ type: Debt (other)
Damages claimed: £40
Case type: Debt; Real action / rents / damage to real estate

Pleading: Thomas A. and John B. claim that Stephen S. owes them £40. TA and JB say that at Easter 1422 they demised the manors of Kemsing and Seal, Kent, to SS for a term of four years then next following, for which SS was to pay to TA and JB £20 per year, at the feasts of the Nativity of St John the Baptist, Michaelmas, Christmas and Easter in equal portions. However, although SS held the aforesaid manors by this demise for the terms of Easter, the Nativity of St John the Baptist, Michaelmas and Christmas 1424, and Easter, the Nativity of St John the Baptist, Michaelmas and Christmas 1425, SS did not pay this rent for these terms, to a total of £40, to his damage of £40.

Pleading: SS defends and seeks licence to imparl to the quindene of Easter.