I have matched the plea roll record of John Payn and Richard atte Felde, wardens of fabric of the church of Chobham (Surrey) v. Robert, vicar of that church (1409) KB 27/594 m.20 (AALT image 47) with the Year Book report – Seipp 1409.036, YB Mich. 11 Henry IV pl. 25 f. 12a-12b

This is a King’s Bench trespass case involving, amongst other things, breaking a bell. The legal interest for the Year Book reporter comes in an argument about who should be the plaintiffs. Those who brought the case considered that they were entitled to do so because the bell had been entrusted to them. The defendants argued that the writ ought to have been brought by all of the parishioners because all of the parishioners owned the bell (as it had been bought from parish funds). There was also some interesting discussion which seems to be tending towards a fixtures/chattels point. Once the bell was in the church, was it part of the church so that in fact it would be the parson who should have the action? The court decided that it was still an ‘ornament’, so that avenue of pleading was closed down to Robert.

The Plea Roll adds detail as to parties, and the price of the bell (20 l). It does not explain how Robert was supposed to have broken it. The entry expands the grievance to include other property besides the bell – Robert was alleged to have made off with another 20 l. worth of chattels, including clerical vestments. Robert denied everything. He disputed the value of the objects, and, as to the vestments and equipment, claimed to have been using them in his work. The churchwardens disagreed – he had taken them out of the church, they said. An issue had been reached and a jury was ordered to be summoned.

It seems likely that there was some underlying squabble which the rolls do not disclose. The bells of the Church of St Lawrence, Chobham, are, however, apparently still ringing despite this early difficulty.

GS 29/1/2014.