CP 40/443, m. 46d. Trinity 1371.

[London. John Castelacre, chaplain v. John Shipman, John Welpelde, John Hore, and Robert Front, tiler. A writ and count in common form for breaking a house, assaulting, beating and wounding the plaintiff, and taking and carrying away his goods and chattels.]

[...] And the aforesaid John Shipman and others in their proper persons come and deny force and wrong when etc. And as for coming with force and arms and carrying away the goods and chattels etc., they say that they are in no wise guilty thereof. And of this they put themselves on the country; and the aforesaid John Castleacre does likewise. And as for breaking the house etc., they say that on the day and year aforesaid the aforesaid John Castleacre entered his aforesaid house with a married woman of London and caused the woman to lie with him in his bed and persauded her to stay there at night. And because of the complaints of neighbours the same John as beadle of the aforesaid ward and keeper of the peace etc. asked the aforesaid John CAstleacre for permission to enter to see the aforesaid woman and find out what she was doing there, which John Castleacre opened the door of the aforesaid house and willingly allowed the same John Shipman and others etc. to come in; but they were uanble to examine the woman because she previously escaped through a hole in the wall. And thus they say that they with the licence and consent of the same John Castleacre entered the aforesaid house; without this, that they broke the aforesaid house with force and arms and against the peace of the lord king as the same John Castleacre above complains against them. And they are ready to prove this. Wherefore they say that they do not think that any wrong can be assigned in this case in their person.

And the aforesaid John Castleacre says that he ought not to be barred from his aforesaid action by anything alleged above, for he says that the aforesaid John shipman and others with force and arms and of their own wrong broke his aforesaid house against the peace of the lord king as he above counted against them. And he prays that this be inquired of by the country; and the aforesaid John Shipman and others do likewise.

[A venire facias issues, the case is several times continued, and the entry then ends.]

[From Select Cases of Trespass from the King's Courts 1307-1399. vol. II. Ed. by Morris S. Arnold. Selden Society 103. London 1987, p. 384]