Roll A 10
(ii) 1365

Sponsor

Centre for Metropolitan History

Publication

Author

A.H. Thomas (editor)

Year published

1929

Pages

29-50

Citation Show another format:

'Roll A 10: (ii) 1365 ', Calendar of the plea and memoranda rolls of the city of London: volume 2: 1364-1381 (1929), pp. 29-50. URL: http://british-history.ac.uk/report.aspx?compid=36674 Date accessed: 31 July 2014.


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1 April 1365

An inquest was taken before the Mayor and Aldermen as to the names of the evildoers who caused the doors and windows of all the tawyers' shops to be closed, and afterwards went in a body to Horssedone (fn. 1) in disturbance of the King's peace. The jurors found that on the day mentioned John Pervyle and John Goudherst, servants of John Creek; John Beket and Nicholas Botyller, servants of William Goldre; William Daly, servant of Robert Waleys; Robert, servant of Andrew Wylly; John de Cornewaylle, John Harpere, John Laurence and Maurice, servants of William Querdelyng; and Thomas Thredere, Thomas Wormele and Salamon Garlek, servants of Walter Garlek, by common assent closed their masters' shops and refused to work, because their masters had been committed to Newgate. They further said that the servants were aided and abetted in their action by the abovementioned masters, but that the servants had no malicious intention of disturbing the public when they went to Horssedoune.

John de Rothewell, John Creek, Walter Garlek, William Querdelyng and William Goldere, tawyers, were bound over in divers sums to observe the ordinances of their mistery.

3 April 1365

Richard de Merston, serjeant of the Chamber, sequestrated (fn. 2) the doors of the houses, in which the goods and chattels of Roger Fynch were contained, at the suit of William Sterre in an action of debt.

Membr. 11 b

8 Feb. 1365

Gilbert Cokcow of Pritelwelle complained to the Mayor and Aldermen that John Bryt, bailiff of Queenhithe, had divers measures called "maundes (fn. 3) " some greater some smaller, by which all mussels coming by ship or boat were measured, and that when the greater measures were used, the owners of the mussels suffered serious loss; on the other hand, when the correct and smaller measures were used, the bailiff exacted a payment beyond the amount due for custom, viz. 3d over and above the 2d custom.

The bailiff, who had been summoned to court, declared that when he was appointed he found divers measures, which had been approved by Stephen Cavendyssh during his mayoralty and had been sealed by the Chamber or the Alderman of the Ward. Certain old measures he had discarded and he had had new ones approved and sealed at the Guildhall. He denied having taken more than the custom.

John Cockow and John Seman, both of Pritelwelle, also complained that the bailiff had taken 2d, of which one penny was custom and the other penny an unjust exaction, and their complaint was supported by the evidence of Walter Ruddok, John de Pritelwelle and John Elys. On 11 Feb. John Dawe of Melton brought a similar complaint. The bailiff was put into the custody of the Sheriff and fifteen of his measures were detained by the Chamberlain. Subsequently all the plaintiffs withdrew from their prosecutions.

9 April 1365

Thomas de Irland, pelter, levied a plaint against John Perle, mercer, for enticing away his servant Alice contrary to the King's statute. The parties came to terms in court.

Membr. 12

Isabel de Chepsted complained that William Dyne, taverner, had beaten and wounded her on 4 April, to her damage 40s. The said William admitted the charge and paid a fine of 20s to the Commonalty for drawing blood. He was mainprised by John Chaucer (fn. 4) and William Shirbourne, vintners, for his appearance in court etc.

4 April 1365

Mary Convers was committed to prison at the suit of the Count de Harecourt (fn. 5) for parting with a jewel of the value of 50 marks, which he had pledged with her, and which she in turn had pledged with John Lapy of Florence, who sold it to Bartholomew Fotenaunt. She was mainprised by Richard Bokeler, fourbour (fn. 6) , and Stephen Bruyn, tailor, and the jewel together with the sum of £10 was lodged with the Chamberlain until etc.

5 April 1365

Salamon Garlek, John Stap, Thomas Thredere, John Laurence, John Moryce, Edmund de Vasconia, Thomas atte Forde, Simon Credel, Thomas Archier, John Duwy, Richard Hoggesdon, William Brounyng, Segelinus van Male, Robert Lacy, John Wenlok, John de Swainlond, John Croos, Richard Ammory, John Albon, Ralph Crouch, William George, Richard Langele, Philip Scryveyn, John Piryfeld, Simon de Assh, John Godherst, Geoffrey Creek, John Beket and Nicholas Botyller, servants of divers tawyers above-mentioned (fn. 7) , were bound over to observe the ordinances of their mistery and to obey their masters.

Andrew Wylly and John de Podbury, tawyers, were also bound over to observe the above ordinances.

Membr. 12 b

Thomas Ingelond of Newcastle and Walter de Shyrewode were attached by the Mayor for joining in an affray, and not being able to find mainprise were committed to prison until etc.

John Poul of Pistoja, who was attached by his body at the suit of Vannus Cambin, Lombard, in an action of debt, was mainprised by William de Eynesham and Bartholomew Myne for his appearance on Friday after Easter. On 15 July he was committed to prison as his sureties wished to withdraw.

9 April 1365

William atte Ram, one of the masters of the tawyers, was mainprised by Stephen Daubeneye and Thomas de Leuesham, pelters, to observe the ordinances of the mistery and to report his servants, if recalcitrant.

John Hoppere, who was responsible for summoning the servants of the tawyers to Horssedoune, and Richard Lorymere were bound over for their good behaviour.

Thomas de Athelby undertook to pay the Chamberlain half-a-mark on behalf of William Querdelyng, tawyer, for the latter's first offence against the recent statute (fn. 8) , the said William having cut off the heads of beasts when carrying out work for John Devenyssh.

John Beek, who was detained in prison for selling a chape (chapam) (fn. 9) of tyn for 20d on a warranty that it was of silver, paid back the 20d and was released on swearing not to offend again.

2 April 1365

Joan Gade came into court and charged William Beneyt, fuller, with having killed their son, and with using threats to her, though he had previously promised to marry her. The said William, being summoned, produced the boy alive in court. The woman then asked that the man should find sureties for keeping the peace, which he did forthwith, viz. Nicholas Potyn and Walter Parker. The man made a similar demand as regards the woman, and as she was unable to find mainpernors she was committed to prison, where she remained till 30 April, when Thomas de Claveryng, saddler, and John Tiryngton, mason, mainprised her.

Membr. 13

15 May 1365

Matilda Polter, Sarra Corby, Isabel Cartere, Isabel Blontes, Matilda Launder, Joan Stormy, Joan Shepstere and Idonia Passemer were committed to Newgate for an affray in Hoiborn, and to answer a charge of trespass preferred by John Hamond of Acton, Agnes his wife and Thomas his son. The above women were mainprised on 19 May to keep the peace and pay fines.

16 May 1365

Richard Bernard, taverner, was committed to Newgate for drawing blood from Roger Cartere contrary to the statute.

Roger Cartere was mainprised by William de Essex, draper, and Nicholas Ploket to hear the verdict of an inquest on Friday the morrow of the Ascension.

Membr. 13 b

10 Jan. 1365

John de Wallyngford, carpenter, was attached to answer a charge of having removed William Barbour of Hackney, an apprentice, from the service of John de Hakeneye of Crokedelane in Candlewick Street together with certain goods and chattels.

Both parties put themselves on the country, but afterwards, on 15 Jan., prayed licence to concord. Thereupon the de fendant and his wife Matilda, who was formerly the wife of John de Tywe of Hackney, explained to the Mayor and Aldermen that a negotiation (locucio) had taken place between Matilda, when she was trading sole, and the said John de Hakeneye as to putting Richard [sic], son of Bartholomew Barbour, as apprentice to the said John for a term of ten years from Christmas 1358, on the strength of which the said John had prepared and sealed two indentures of apprenticeship and had had them enrolled at the Guildhall without the knowledge of the said Matilda and in deception of the court. The plaintiff admitted the truth of this. The defendants therefore asked that the said Richard might be discharged from his apprenticeship. The indentures were accordingly ordered to be cancelled. John de Hakeneye paid damages to the defendants and was mainprised by Robert atte Noke to come up for judgment.

17 May 1365

Thomas Kynggeston, knight, brought a bill of complaint to the effect that Peter Bouche, his vadlet (fn. 10) , had in his absence delivered his grey hunter (courcier gresel), value £40, to John Wodebury at Calais, and when he, the complainant, asked the said John in Cheap to restore the horse to him, the defendant promised to do so on payment of 16 marks and reasonable costs, but subsequently refused to give up the horse. [French]

The said John Wodebury, having heard the bill read and being asked how he wished to acquit himself thereof, denied that he had promised to give up the horse on the terms stated and waged his law to that effect. He was mainprised by Richard de Preston and Thomas Brakenberugh to make his law on Monday the Feast of St Dunstan [19 May]. On the day mentioned he made his law in the form in which he had waged it. Judgment that the plaintiff take nothing by his plaint and that the defendant go quit.

Nicholas Picket, merchant of London, recovered against Outrum Cryke of Deft (fn. 11) , merchant of Brabant, and his partners the sum of 30s for his expenses in travelling from London to Wales (fn. 12) in accordance with agreements concerning wool and cloth. The money being paid in court, the agreements were cancelled and remained in the file of Adam de Bury, Mayor, for the 39th year of the present reign.

Membr. 14

18 March 1365

William de Essex, draper, complained to the Mayor and Aldermen of a certain cloth of Blankett, purchased from Custance Juwel, which was so defective that he could not offer it for sale, and he desired that the good men appointed to survey defects of this kind might view the cloth and decide with whom the fault lay. Accordingly the cloth was viewed and the fault was adjudged to lie with Geoffrey de Wockyng, the fuller, who was thereupon condemned to pay the complainant £7 and take over the cloth.

28 May 1365

A concord was made in full court between Thomas de Notyngham, vallettus (fn. 13) of Isabella (fn. 14) , daughter of the King, and Thomas Trig, fishmonger, in an action of trespass.

26 May 1365

Simon de Lincoln, pelter, was committed to Newgate for bribing John de Rothewell, tawyer, to hand over to him divers pieces of greywerk (fn. 15) , left with the said John for the purpose of tawing, for which he substituted inferior goods of no value, to the defrauding and impoverishment of the Skinners. On 18 July he was released by the Mayor, at the instance of the Skinners, on promising to conduct himself better in future. Meanwhile the aforesaid John, who had been attached for his share in the fraud, fled to sanctuary in the church of St Martin le Grand.

30 May 1365

John, Count de Harcourt (fn. 16) , came into court to prove that a certain gold nouche set with stones, found in the custody of Gillemyh de Nerny, Lombard, who said he bought it from John Lapy of Florence for 20 marks, was his own property. He declared that the said jewel was eloigned by Mariota Convers, who admitted in court that it belonged to the Count. As the Count had originally pledged the jewel for £12, he paid that sum to Gillemyn to have it back, and Mariota was adjudged to pay Gillemyn 7 marks (for the loss of his bargain), for which she gave pledges of equal value.

26 May 1365

Robert de Appelby, the King's Serjeant-at-arms, came into court and certified that he had sold to Richard de Prestone (fn. 17) of London a moiety of a ship called "le Thomas de Caleys"

Nicholas Bethewar, pelter, recovered against Bartholomew Mestwhale, weaver, the sum of 4s 6d for faulty weaving of a cloth, as certified in court by the four masters elected to survey defects of cloth.

Membr. 14 b

9 May 1365

Writ, dated at Westminster 9 May 1365, to the Mayor and Sheriffs as custodes pacis in the City of London, enjoining them to take mainprise for the good behaviour of Giles Pikeman, John Waldeshef and Robert Turk towards John, son of Nicholas Horn, fishmonger, which John was plaintiff in divers actions against the said Giles, John and Robert.

Return, giving the names of Andrew Pikeman and Thomas Clench as mainpernors.

12 May 1365

Similar writ, dated 12 May, on behalf of Robert Turk against John Horn, and return giving the names of John Rous and Geoffrey Denny, fishmongers, as Horn's mainpernors.

11 June 1365

Thomas Sherman and John le Soutere, boteres (fn. 18) , were committed to prison for casting mud and rushes into the Thames. The same day they were released on mainprise of Robert Treweman and Walter de Lodeneye to appear in court when required and to make their contribution (ponere contribudonem), like other sellers of rushes (huxsteres cirporum), towards cleansing the river from rubbish.

Alice de Perers (fn. 19) came in person and sued Richard de Kent, stockfishmonger, for the return of 200 marks which she had lent to him on Monday after the Feast of the Annunciation B.M. [25 March] in the parish of St Mary Montenaut, to be repaid at Pentecost. The defendant admitted the debt and was committed to prison until etc. Afterwards on 10 July the above Alice consented to his release.

21 June 1365

Adam Carlhill, draper, Harvey Lyndraper of Candlewick Street, John Stoket, fuller, Richard Berkamsted, fuller, John Gyle, weaver, and Richard Alsted, weaver, elected to present defects in the fulling, weaving and measuring of cloths, came before the Mayor and Aldermen and testified that three cloths, viz. two plunkets and one blanket belonging to Dunstan Harcherigge, draper, had been damaged to the extent of 20s when fulled by William Motishunte, and also that the cloths had shrunk four ells, at 4s 6d the ell, which loss they put down to Robert Vynour from whom the cloths were bought. Judgments for those amounts were given against the said William and Robert.

Membr. 15

June 1365

John de Melbourne, spicer, was summoned to answer the King and William de Wyndesore (fn. 20) , knight, for refusing to pay a sum of money in which he and Robert le Parker had bound themselves as sureties for Roger de Chestrefeld. The plaintiff alleged that he, the plaintiff, had drawn money from the King's Treasury to provide men-at-arms and archers for the war against the rebels in Ireland and had retained the services of the said Roger de Chestrefeld and three archers, whose wages he had paid on condition of their finding sureties that they would accompany the plaintiff to Ireland. Roger and the archers had neither gone to Ireland nor sent substitutes, and accordingly he claimed the penalties in the bond from the said John, who was one of the sureties.

The defendant admitted that he had been a surety and put himself on the mercy of the King and the plaintiff. He was committed to prison until he reimbursed the plaintiff for his outlay and paid a fine to the King.

16 June 1365

John Wynselowe, hostytter (fn. 21) , and Alice his wife, executrix of the will of Henry Sket, were committed to prison till they paid the sum of £24 due to Joan and Anne, the testator's daughters. Afterwards they were mainprised by William. Whetele, cordwainer.

Margaret la Garnystere brought an action of trespass against Agnes, widow of Thomas Bagge of Southampton, for detaining Marion, the plaintiff's servant, who had been lent to her at Midlent [23 March] this year to work at embroidery until Easter day [13 April], the plaintiff at the same time borrowing half-a-mark to be repaid at Easter.

The defendant pleaded that the servant was lent to her for a whole year and was now at Southampton, but that she was willing to produce her in court. A day was given her to do so, and the girl was brought up. The defendant then declared that she was prepared to give her up if the plaintiff would make her law to the effect that she only lent her until Easter. Thereupon the plaintiff made her law and recovered her servant, after which she paid to the defendant the half-mark owed to her.

Membr. 15 b

11 June 1365

Thomas Bastard of co. Essex was summoned to answer John Gace, tiler, for detaining a horse, value 30s, which he had hired from him for the purpose of riding to Canterbury and back.

The defendant admitted having hired a horse, but not of the value named, which horse had been warranted sound and capable of work, but when it had been ridden as far as Shyngledewelle (fn. 22) by a woman who was an invalid, it could go no farther owing to divers diseases from which it suffered, and being left in charge of a certain John Thoplech the animal died of an accidental disease (morbo casuali) (fn. 23) . The defendant had in consequence been forced to hire another horse to Canterbury and further horses from Canterbury to London at a cost of 10s, besides having to pay 4d for damage done to a wall by the sick horse. He prayed judgment whether under the circumstances the plaintiff could have any action against him.

The plaintiff replied that the horse had died, not from any accidental disease, but because it had been ridden too hard and too fast, and he offered to verify his pleading in any way the Court should direct. The defendant offered to do the same.

Thereupon the Mayor, with the consent of the parties, sent one of his serjeants to Sir Peter de Lacy, clerk of the Prince of Wales and Aquitaine, who lived in the neighbourhood where the horse died, to obtain a certificate under the seals of the good men of the township of Shyngledewelle as to the real cause of the animal's death. In course of time Sir Peter sent a certificate (French) under the seals of twenty-four good and lawful men of the township, viz. Richard de Ifeld, John Walkelate, Henry Joskyn, John Sartre, John Grower, John Toplych, John Wynnegold and others, to the effect that on Whit Monday the defendant left a horse—a hackney redschetelhered and bauscyn (fn. 24) —at the house of John Walkelate, and afterwards delivered it to John Thoplich to keep until his return from Canterbury, but that the horse died the same day suddenly and without any external sign of an evil blow or sickness upon him (saunz ascune playe mal ou maladie qe homme poet veer de hors sur le dit hakeneye). The certificate having been read in court, the defendant appeared by his attorney Ralph de Tendryngg, but the plaintiff did not come to prosecute his plaint. Judgment was given that the plaintiff and his pledges be in mercy and that the defendant go thence without a day. Note that the certificate remains among the Memoranda of Adam de Bury, Mayor.

14 June 1365

William Baldewyne, tanner, entered into a bond of £100 to the Commonalty that he would not in future rear (nutriat) pigs in the City (fn. 25) . He also paid a fine of 20s and was given a week in which to remove his pigs from the City.

Membr. 16

22 July 1365

John Welued, clerk, was committed to Newgate for an affray made against the clerks of the Bishop of London within the boundaries (limistes) of St Paul's and the Bishop's Palace. He was mainprised by John Whyte to keep the peace.

15 July 1365

Nicholas Sarduche, Lombard, John Donat, Bartholomew Myne and Francis Barthelmeu undertook to produce Thomas Serlandi, merchant of Lucca, in court within two months to render account to Andrew Pentatore, merchant of Lucca, for 30,000 scudi of Flanders, each surety being bound in £1000 to render account himself, in the event of the said Thomas not appearing or dying in the meantime (vel ab hac luce decedere). Afterwards on 10 Sept. Gelinus Moriconi, Lombard, took the place of the above Nicholas as surety.

24 July 1365

Katherine van Ordyngham, huxtere, was committed to prison during the pleasure of the Mayor for drawing blood from the constable of Dowgate Ward and beating the beadle of the Ward.

26 July 1365

William Mas, dyer, was committed to Newgate at the suit of Richard Vynter for damaging a cloth in the bleaching (in uno panno blecchiato) to the extent of 26s.

Membr 16 b

4 Aug. 1365

A Congregation of Mayor and Aldermen in the Chamber of the Guildhall on Monday after the Feast of St Peter ad Vincula [1 Aug.]

Henry, son of Ralph de Cauntebrigge, brings a plaint of Intrusion against Sibil, wife of the said Ralph, and Robert Beauchamp as regards his free tenement in the parish of St Christopher.

Memorandum that John de Seylyngham, who married the widow of John le Chaundeler, was ordered to appear on Monday after the octave of St Michael [29 Sept.] to account for the sum of £300 formerly belonging to the deceased, and to find security for the latter's children. He was mainprised in the meantime by John de Barton, vintner, and Henry de Sutton, coroner.

Henry Sturry, baker, bakes bread in the county of Middlesex, because he is unwilling to be of the Halimote (fn. 26) of the Bakers in the City of London; and he makes false and underweight bread. He was therefore committed to Newgate until etc. Afterwards, 26 Aug., Richard Andrew, brewer, Thomas de Kent, fishmonger, William Aylmar, weaver, and Roger atte More, brewer, entered into a bond to pay to the Commonalty the sum of £10, if the said Henry were in future discovered selling false bread or sending bread which was not sealed (fn. 27) to the City for sale.

William Aunger of Iseldon was attached to answer the King and John de Briklesworth, Common Serjeant of the City, who prosecuted for the King and the Commonalty, on a charge of having come to the common cornmarket held on the pavement within Newgate, and there given 12d for a bushel of corn when the price was commonly 10½d, for the purpose of creating a shortage of corn. The defendant pleaded not guilty and put himself on the verdict of a jury, which found him not guilty. He was acquitted.

21 Aug. 1365

William Strete of Southall was charged with conspiring with the above William Aunger to enhance the price of corn, but as he was a man of good fame and well vouched by reputable men in the City and Middlesex, he was merely examined. It was found as the result of questioning that neither he nor William had any knowledge of each other. Accordingly the defendant was mainprised by Simon de Benyngton and Hugh de Horewode for his good behaviour and was further sworn to give information of any dishonesty or collusion to raise the price of corn, which he might discover.

10 Sept. 1365

John Bonmarche, William Houghton, Hugh atte Chirche, William Essex and William Draycote, drapers, mainprised John de Norhampton to keep the peace with William Morton.

21 Aug. 1365

Katherine Frowe was committed to Newgate for assaulting the constable and beadle of Dowgate Ward.

Membr. 17

14 Sept. 1365

Pleas of the Chamber held before the Mayor and Aldermen on 14 Sept. A o 39 Edw. III [1365]

Edmund Lord of Candlewickstreet Ward brought a bill of complaint against John Fraunceys, cordwainer, of Clement's Lane, whom he charged with having drawn a knife called a "broche" against the plaintiff's wife, Joan, and with having beaten her so. as to cause a miscarriage, the cause of the quarrel being that Joan had demanded payment of 18½d from Emma, the defendant's wife, who also had attempted to assault her, and had used villainous language to her (despisa & aresona la dite Johane vileynement). [French]

The defendant appeared by attachment and admitted the assault and drawing the knife (for which he paid a fine of half-a-mark to the Chamber) but denied having caused the miscarriage, and on this charge he put himself on the country; and the plaintiff did likewise. The jury found him guilty of the matters which he had confessed, but not guilty of causing the miscarriage, so far as they could ascertain among themselves. He was accordingly set free.

23 Sept. 1365

Thomas de Helles, squire of the Earl of Mar, was mainprised by Robert de Witton, draper, and John de Tilneye to produce a certain book by the Feast of All Saints, on account of which William Stole was claiming 20s.

24 Sept. 1365

Nicholas Cook of Bury, girdler, recovered in court his servant, John de Reygate, who had left his service without permission, as the bailiffs and good men of Bury testified by certificate. And because the said John refused to serve him, he was committed to Newgate, as well as for a debt of 60s due on a bond. The bond was cancelled. Afterwards on 28 Jan. 1367 the plaintiff agreed that John de Reygate should be liberated from Newgate.

The above Nicholas charged Ralph Fyffede, girdler, with taking away his servant, John de Reygate, contrary to the statute. The defendant denied the charge and put himself on his country, whereupon the plaintiff declared that if the plaintiff was willing to swear, he would allow him to clear himself with the third hand (fn. 28) . Accordingly on 25 Sept. the defendant made his law that he did not entice the said John from his master's service. He was acquitted and the plaintiff was in mercy for a false plaint.

23 Sept. 1365

Nicholas Tounman, Thomas de Cantebrigge, Robert Cardemakere and John de Wermenstre were committed to Newgate for breaking the pavement of the King's highway without Newgate. Thereupon came the Friars Minors, who said that these persons were their servants and that they took up the pavement to mend the channel of their conduit, in accordance with a royal charter empowering them to examine the course of their water whenever necessary. The Friars asked that their servants might be released on mainprise; and David Husk, William Joye, plomer, Robert Cardemakere and Peter Colbrond were accepted by the court as sureties for their appearance. The Friars were also ordered to submit their charter to the court.

Membr. 17 b

12 Sep. 15 Oct. 1365

Names of those who were put in the Tun (fn. 29) between 12 Sept. and 15 Oct., for being nightwalkers and persons of bad character, and were released next day on mainprise, among whom were Hankyn Taverner; William Cornewaille, tailor (mainprised by John Chauucer and Philip Herlawe); John, servant of Ralph Gubbe, stockfishmonger; John Wygeton, tailor; John Sewale and Robert Ivet, corsours (fn. 30) ; John Roche and James atte Leghe, tailors; Nicholas Colon (mainprised by Nicholas Pays, joygnour, and John Roket, cooper); Hanekyn Yongehere; Herman van Soust; Hankyn van Akene, tailor; John Wylkyn, schoutman (fn. 31) ; Alexander Whappelode and Alice Middeherst; John de York, cordwainer, and Matilda Say.

3 Oct. 1365

Richard de Berdefeld, rector of the Church of Wolchirchehawe, was mainprised by William Russell and William Develyn to keep the peace with John Coursi, chaplain.

Membr. 18

26 Aug. 1365

Memorandum that on 26 Aug. Thomas le Northerne, vintner, certified before the Mayor and Aldermen that he had sold to Richard de Preston and John Maykyn a ship formerly called "la Marye de Boloygne," but at the time of the sale known as "Notre Dame de Londres," and that he had received the purchase money.

19 July 1365

Richard Aleyn, pinner, brought a bill complaining that, whereas he held a shop and other tenements in the parish of St. Bride in Fleet Street on a lease from John Hauberger for the lifetime of Edward Borward, the lessor undertaking to keep the premises in repair, a portion of the premises had been allowed to fall down since the death of the lessor, and the executors had refused to make it good. [French]

The Court thereupon ordered Thomas de St Albans, serjeant of the Chamber, to summon Thomas Wynter and Eustachia his wife, executrix of John Hauberger, to answer the plaintiff in a plea of covenant. The defendants appeared and pleaded that they had fully administered the goods of the testator and that at the time of the levying of the plaint they had no goods and chattels of the deceased in their hands, which they offered to verify etc. The plaintiff answered that they had enough at that time to carry out the repairs and offered to verify it by a jury. On this issue, a jury found for the defendants, and judgment was given that they go quit.

Membr. 18 b

15 Sept. 1365

Pleas held before Adam de Bury, Mayor, William de Halden, Recorder, and the Justices for Gaol Delivery of Newgate, 15 Sept. Ao 39 Edw. III [1365]

Robert Leddrede was attached to answer the King in a plea of contempt etc. wherein John Chamberleyn, who sued for the King, complained that the defendant received 26s 8d from John de Wodele, a prisoner indicted of divers felonies, by the hands of Adam Farnham, which sum was in part payment of 40s promised by the prisoner to the defendant for embracing (fn. 32) a jury of the venue of Holborn to acquit him— contrary to the Statute against embracers (embraciatores). The defendant pleaded that he received the money from the said Adam as a loan, which he was ready to verify. A jury of the venue of Newgate was summoned and the defendant was mainprised by Richard Clerk and Richard de Wytton. The jury found that the money was received for the purpose of embracery and not as a loan. [Breaks off.]

23 Sept. 1365

Pleas held before the Mayor, Recorder and Justices for Gaol Delivery of Newgate on 23 Sept. Ao 39 Edw. III [1365]

Henry Dymnel was attached to answer the King and Robert Raven in a plea of contempt and trespass, wherein the said Robert, who sued for the King and himself, charged the defendant with three acts of embracery, contrary to what was ordained by the common council (commune consilium) of the Realm: firstly, that in the 37th year of King Edward III in the parish of St Sepulchre without Newgate he took £10 from John Ismongere by the hands of William Colyn to procure and maintain an Assize of Freshforce against the King; secondly, that in the same year he took 4 marks from Thomas Whitechirche, cordwainer, to embrace and procure a jury to give a verdict for the said Thomas against Gilbert le Clerk in a plea begun by a writ de mahemio (fn. 33) ; and thirdly, that he took 20s from Alice de Stanton by the hands of William de Harewedon to embrace and maintain a jury to give a verdict for the said Alice against Robert de Combe in a plea of dower in the Husting. Both parties submitted the matter to a jury, which found, as regards the first charge, that the accused did not receive the money as alleged. He was acquitted thereof. As regards the second charge, the jury found that he received the money for the purpose named, but that no inquest was held, the parties having come to terms meanwhile, and that moreover he received the money before the Statute. As regards the third charge, it was true that he received the money after the Statute, but it was in a plea moved before the Statute. The case was adjourned that the Court might consult as to judgment, and the defendant was mainprised by John de Worstede, mercer, and Elyas de Thorpe, skinner, to come up etc. Afterwards on Monday in the quindene of Easter the said Henry Dymenel paid John de Cauntbrigge 50s in court for the aforesaid contempt by judgment of the Court.

13 Sept. 1365

Nicholas Bethewar, skinner, was committed to prison for opprobrious words spoken to the Mayor in court; and John Brugge, his servant, was fined 40d payable to the Commonalty and 40d payable to the mistery of Skinners for beating skins in the highway contrary to the ordinance of the said mistery. Both persons were also sentenced to four days imprisonment, as more fully appears in the said ordinance.

Membr. 19

25 Sept. 1365

Pleas held before the Mayor, Aldermen and Sheriffs on 25 Sept. Ao 39 Edw. III [1365]

William de Whetele, cordwainer, was summoned to answer John de Wynselowe and Alice his wife, executrix of Henry Sket, cordwainer, in a plea that he render them an account of 70 dozens of white prepared leather (sexaginta & decem duodena de albo aluto) (fn. 34) , value £40, and thirteen quaternions of black prepared leather (undecim & duo quaterna de nigro aluto), value 30s, and other hides of black oxhide and cowhide fully prepared for making boots and shoes, value £30, all of which he had received from her, when she was sole, to trade therewith on her behalf, and to render account to her, which he now refused to do.

The defendant pleaded that he never received any hides on such terms, but that immediately after the death of the abovementioned Henry Sket, he purchased from the widow, the plaintiff Alice, oxhide and cowhide to the value of £29, which sum he paid in cash except £9 8s 11d, for which he gave a tally. Subsequently he paid that sum, by the plaintiffs' instructions, to a certain John Canoun, who was a creditor of the late Henry Sket, and the tally was thereupon cancelled. Both parties put themselves on the country, but the plaintiffs afterwards withdrew from their action. Judgment that they and their pledges be in mercy and that the defendant go thence without a day.

John de Storteford, baker, was attached to answer a charge of trespass, to wit, that he had broken the doors and entered by force and arms into the house of Nicholas Mate, messager (fn. 35) of the Earl of Warwick, against the King's peace, and carried away two quarters of wheat, value 14s 4d (fn. 36) . Both parties put themselves on the verdict of a jury, which found the defendant guilty and assessed damages at 30s. The defendant was committed to prison till he paid that amount. On 25 Nov. John de Donmowe, baker, undertook to pay part of the damages, and the prisoner was released.

Membr. 19 b

8 Oct. 1365

John atte Ree and Robert de Berkyng, beadle, entered into a bond with the Commonalty in £40 that the said John would cease to play with false dice and that he would inform the Mayor and officers of the City if he found others using them.

3 Oct. 1365

Gosselin Coyere of Brussels was attached to answer John Cook in a plea of debt, wherein the latter complained that the defendant had refused to pay him £40, being the balance of £80 due for wool bought by him in London. The defendant acknowledged non-payment, but pleaded that owing to bad packing (paccura) the wool was found by the brokers and merchants to be defective when it arrived in Brussels, and accordingly he had retained the money until the judges and merchants of Brussels should decide whether the plaintiff ought to make good the wool or not. He declared further that the plaintiff had come to him and agreed that he should retain the £40 if the judges at Brussels decided in his favour, and that the judges had so decided. He prayed judgment whether, under the circumstances, the plaintiff ought to have any action against him.

The plaintiff replied that he had made no such agreement with the defendant and that he had never submitted himself to the discretion of the judges of Brussels. He offered to make his law on this point, which was allowed him (fn. 37) . Thereupon he made his law immediately. Judgment was given that he recover the sum claimed and that the defendant be committed to Newgate until etc.

14 Oct. 1365

Richard de Berdefeld, parson of the Church of St Mary Wollecherchehawe, was committed to prison for refusing to find sureties that he would not prosecute plaints overseas at Avignon in matters affecting the King's power and dignity.

Membr. 20

6 Oct. 1365

John de Oxenford, piebaker, was attached to answer William de Dewesbury, tailor, in a plea of trespass wherein the latter complained that the defendant had unlawfully ejected (fn. 38) him from a shop in the parish of St Michael atte Corne, which shop the plaintiff held by sublease from Elias Devenysshe, who held it for a term of ten years from John de Kenyngton, clerk.

The defendant pleaded that the shop had been sublet without the consent of the landlord, and that the first lease falling in, owing to the rent being in arrears, the landlord had reentered and had then granted the property in fee to the defendant and his assigns.

The plaintiff answered that the sublease had been granted with the consent of the landlord and that no rent was in arrears when the latter resumed possession.

The issue as to arrears was submitted to a jury, which found that no rent was in arrears and that the plaintiff suffered damage by ejection to the value of 6s 8d. Judgment was given that the plaintiff should have his term in the shop and recover his damages. The defendant paid in court.

Richard de Berdefeld, parson of the Church of St Mary Wolcherchehawe, was attached to answer John Coursy of Newenton, chaplain, in a plea of trespass, wherein the latter complained that on 12 June the defendant assaulted him in the Rectory with a sword.

The defendant pleaded that the plaintiff was. his servant, occupying a room in the Rectory, and had assaulted him in the hall in the middle of the night, whereupon he had ordered the plaintiff either to go to his room or to leave the hall, and on the latter refusing and assaulting him again he had drawn his sword to defend himself. Both parties put themselves on the country, which found the defendant guilty and assessed the damages at 12d. Judgment was given for that amount, which was paid in court. In addition, the defendant was committed to Newgate till he paid the Commonalty a fine of halfa-mark for drawing his sword.

Membr. 21

4 Oct. 1365

Membr. 21 b

John de Cauntebrigg, the City Chamberlain, showed to the Mayor and Aldermen that whereas for a long time there had been a bitter feeling between Richard de Berdefeld, parson of St Mary Wollecherchehawe, and John de Ikelyngham, John Lovekyn, junior, and other parishioners of the same church, they had agreed on 17 March 1363 to submit to the arbitration of the Mayor and Aldermen assembled in the church, as a result of which they had consented to forget all their differences against each other up to that day, and each party had bound itself to pay the sum of £10 to the Chamber of Guildhall and a like sum to the parish, if it were convicted of raising an unreasonable quarrel in the future; the said agreement being placed on record. The Chamberlain, who was told to offer some specific reason why the aforesaid parson should incur the penalty of £10 to the City, proceeded to show that on the Feast of the Assumption [15 Aug.] the aforesaid John de Ikelyngham, John Lovekyn and other parishioners were in the belfry seeing what repairs were necessary, when the said Richard entered the belfry by force and arms and assaulted them, thus rendering himself liable to the penalty. Accordingly the parson was summoned to show cause against paying the fine. After some delay he made his defence to the effect that, as to his going vi et armis and against the King's peace on the occasion mentioned, he was not guilty, and thereon he put himself on the country. He added that John de Ikelyngham and the others had taken four of his torches and carried them lighted into the top of the belfry and were wasting the wax when he appeared on the scene and politely (corde benignissimo) asked them to extinguish the torches, whereupon the said John and the others set upon him with knives and took him by the throat, and in self-defence he shook them off his neck, so that if they received any hurt it was due to their own assault. He prayed judgment as to whether there was any wrong (aliqua injuria) in that. Both parties put themselves on the country, which found the parson guilty of committing a trespass by his own malice, and the Court gave judgment that the Chamberlain recover from him the sum of £10 to the use of the Commonalty and that he be committed to prison until he pay.

Membr. 22

A record of similar proceedings taken at the instance of William Avenant and William de Chipstede, Churchwardens of St Mary Wollecherchehawe, whereby they recovered the penalty payable to the parish.

Membr. 22 b

14 Oct. 1365

John Wynselowe was committed to prison for the sum of £10—part of £24 bequeathed by Henry Sket to his daughters Amice and Joan, which money had come into the hands of the said John. For the balance of £14 he deposited pledges in the Chamber of the Guildhall until etc.

Footnotes

1 Horselydown in Bermondsey.
2 By the custom of London, on an action of debt being entered, the officer of the court went to the house or wardrobe of the defendant and hung a padlock on the door, which he sealed. On the fifth court day following, the plaintiff might have judgment to open the door to have the goods appraised, unless the defendant put in bail to have the sequestration dissolved. Jacob's Law Dictionary, sub "Sequestration."
3 A wicker or other woven basket with handles.
4 Probably the father of the poet. See Athenœum, 29 Jan. 1881.
5 For continuance of this action see p. 35.
6 Furbisher.
7 See above, p. 29. The greatest number of " servants " or journeymen mentioned as being in the employ of one master was 9, followed by 7, 4, 3 and 2.
8 The recent ordinances of the tawyers. See above, p. 28, n. 2. Tawyers were forbidden to cut off the head of any kind of "werk," probably because the head helped to identify the animal. The skinners were also forbidden this year to trim down Calabrian squirrel so as to pass it off for miniver. Riley's Memorials, p. 329.
9 An ornamental metal mounting.
10 A serving-man.
11 Sc. Delft.
12 In the 14th century Wales produced considerable quantities of homemade friezes and russets, which were coarse cloths in demand among the poor. Welsh wool was not highly regarded, being unsuitable for fine weaving. See C. A. J. Skeel, "The Welsh Woollen Industry in the 16th and 17th centuries," Archaeologia Cambrensis, Dec. 1922.
13 A servant.
14 She was married this year to Ingelram de Coucy, a French noble, who was created Earl of Bedford in 1366.
15 Greytverk is equivalent to grey squirrel or gris which Liber Horn, fo. 249, defines as follows: Gris et bis est le dos en yver desquirel. The definition of grey in N.E.D. as "grey-fur, usually understood to be badgerskin," is inaccurate, badger never being used in the Middle Ages as a fine fur, but for such purposes as mittens and horse-collars. See Turberville, Book of Hunting, ed. 1611, p. 189. Greyzoerk and calabre were used for Aldermen's gowns, greywerk apparently being regarded as a finer fur than the Calabrian squirrel.
16 See above, p. 30. The judgment implies that a pawnee had no right to assign a pawn to another person, in contrast with later practice.
17 Richard de Prestone, grocer, was Common Councilman in 1356, M.P. for the City Jan. 1365, Mayor of Calais 1366, Alderman of Cordwainer 1378 and Dowgate 1384-7. Cal of Letter Book G, pp. 61, 182; H, pp. 89, 230, 304; Cal. Close Rolls, 1364-8, pp. 291-2.
18 Boatmen.
19 See above, p. ii.
20 The King's deputy and afterwards Lieutenant in Ireland. He was summoned to Parliament as a baron from 1381 to 1384, when he died. He married Alice Perrers. See above, p. ii.
21 A word of several meanings, probably denoting here an innkeeper or lodging-house keeper.
22 Singlewell, 2 m. south of Gravesend.
23 Possibly the clerk was thinking of morbus caducus, a fit, seizure, falling sickness or epilepsy to which horses were supposed to be liable.
24 Schetel or skittle seems to mean unstable or indeterminate, and redschetelhered thus might mean a reddish-haired horse. Bauscyn, bawson, bausond etc. signified a horse with white spots or dappled with white. Apparently the animal was dappled white or grey on a kind of reddish ground. See N.E.D. sub "shittle" and "bausond."
25 This marks a great advance on the ordinances of 1278, which, while forbidding citizens to allow their pigs to wander in the streets or in the City ditch; permitted them to feed them in the open, away from the streets, or in their houses. Cal. of Letter Book A, p. 217.
26 The Halimote of the Bakers was held four times yearly before the Sheriffs for the proper conduct of the trade and the punishment of offender's. The ordinances and constitution of the Halimote are given in Liber Custumarum, fo. 60, printed in Lib. Alb. i, pp. 356-8; Lib. Cust. I, pp.104-5.
27 The earliest statutory requirements as to baker's marks are found in the Statutum de Pistoribus, providing for the punishment of those who violated the more celebrated Assize of Bread (Assisa Panis et Cervisiae) usually ascribed to the 51st year of Henry III (1266). See F. I. Schechter, The Historical Foundations of the Law relating to Trade-marks. The Columbia University Press, 1925, pp. 49-50.
28 An oath with the third hand, i.e. with two oath-helpers, was rare in the City, being used only when a garnishee, in whose hands property was attached in an action of debt between two other persons, wished to prove that the debtor had no interest in the property to the value of 4d. See Cal. of Early Mayor's Court Rolls, pp. 17-8, 68. The third hand was not unusual in other towns, being used sometimes in identifying waifs and strays. See Borough Custom (Seld. Soc.), ii, pp. 163–4.
29 Built as a prison for nightwalkers by Henry le Waleys, Mayor, about 1283. It was so called because it resembled a tun standing on the one end. See Lib. Cust. i, p. 213; Kingsford's Stow, i, pp. 106, 188.
30 Horse-dealers.
31 Master of a shout or schuyt, a flat-bottomed river-boat, still built in Holland.
32 Embracing was a corrupt interference with justice by bribing jurors. Steps were taken to cope with this evil in 1346 when the Justices of Assize were directed to enquire of "maintainors, common embraceors and jurors" and to punish offenders. Statutes of the Realm, i, p. 305. In 1361 it was enacted that a corrupt juror should be imprisoned for a year and that the prosecutor should receive half the fine imposed. Ibid. p. 366. The Act of 1364 fixed the penalty at ten times the amount of the bribe taken and a similar penalty for the briber or embracer, or in default of payment, imprisonment for a year. Such prosecutions were to be taken only by complaint of one of the parties or another person, and not as the result of an inquest of office. Ibid, i, p. 385.
33 Mayhem or maiming, i.e. wounding a man in such a way that he lost the use of a member which might be useful to him in fight. By the ancient law of England the offender might be sentenced to lose life or member or suffer other mutilation. See an instance in Maitland, Gloucestershire Pleas of the Crown, p. 22. During the 13th century the appeal of mayhem became merely an action of trespass, whereby the plaintiff recovered damages, with the result that it dropped out of the list of felonies, the King's suit resulting only in fines and imprisonment. In later centuries mayhem again became a felony, punishable by death. See Pollock and Maitland, History of English Law, ii, p. 488–90; Blackstone's Commentaries (Kerr), i, p. 101; iv, p. 205.
34 The translation of these terms presents some difficulties. Dozens can hardly refer to whole skins, since in 1312 a "great hide" was valued at 10s, and in 1349 the proper price of a latus or humerus of cowhide was noted as as and of oxhide 4s 6d or 5s. Letter Book D, fo. 149; Cal. of Plea and Mem. Rolls, 1323–64, p. 230. The tanners appear to have cut the hides into stock pieces, the widths of which were later standardized by 2 and 3 Edw. VI, c. 9, sec. 13. The pieces thus cut were dressed by the curriers. A quaternum was a piece cut in four quarters, the quarter being a comparatively small portion. Thus one was used for the "forefoot" of a shoe and another for the back portion of the upper, and a third of different substance for the sole. See Riley's Memorials, pp. 571–2.
35 A messenger.
36 This was not a charge of housebreaking or burglary, but of "asportation." The defendant probably attempted to take a distress without the presence of a City serjeant or to obtain possession of what he considered to be his property.
37 The defendant raised an exception, which in normal circumstances would have been submitted to a jury, but as there was obviously no writing or witnesses to prove the alleged agreement, the matter was a fit subject, according to the custom of the City, for an oath, which the plaintiff, as a foreigner, was allowed to make on the spot. See Lib. Alb. i, pp. 294–5.
38 Among the regulations issued by the King when he took the City into his hands (1285) was one to the effect that a lessee, ejected by a person who had acquired the property in fee from the lessor, might make plaint and have recovery in the Husting, in the same way as recovery was obtained in the Bench by the Chancery writ of quare ejecit. Liber Custumarum, fo. 221, see Lib. Alb. i, p. 293. No remedy, says the King, had previously existed in the City in such a case, and recourse to the Chancery was sometimes difficult for City merchants. Like many other actions of trespass, ejectment had been crowded out of the Husting of Common Pleas and was now taken over by the Mayor's Court.