ROLL A 38
Rolls of Memoranda and Pleas of the time of Drew
Barentyn, mayor, A
o 22 Ric. II
Membr. 1
17 Feb. 1398
Writ of attorney recording that Perynanton de Blay,
master of the ship "Sabater" of Bayonne, had appointed,
coram nobis, Arnald William of Sedze and Henry Tylnay
of London, vintner, his attornies in all pleas and actions in
all courts of England during his absence abroad. Dated at
Westminster 17 Feb. 1398.
5 Nov. 1398
Writ of habeas corpus, directed to the Mayor and Aldermen,
declaring that it was a royal prerogative that debts owed to
the king should be paid before satisfaction was made to other
creditors, and requiring them to bring before the barons of
the Exchequer the body of Ralph Gonyly, scrutator
(fn. 1) in the
port of Plymouth and all ports and places of Cornwall, who
was engaged in accounting before the barons of the Exchequer
concerning the issues of his office and was indebted to the
king in divers amounts, which Ralph had been committed
to prison by the Mayor and Aldermen at the suit of Perynanton de Blay. Witness, L. de Allerthorpe at Westminster,
5 Nov. 1398. By the Red Book of the Exchequer and by the
barons.
Return of Drew Barentyn, Mayor, and the Aldermen that
the said Ralph Gonyly, having nothing within the liberty
of the city whereby he might be attached, had been arrested
to answer Perynanton de Blay on a bill of complaint, of
which a copy accompanied the return. Nevertheless
the said Ralph would be brought before the barons as
required.
Membr. 2
20 Nov. 1398
Precept directed to Drew Barentyn, mayor, the king's
escheator in the city of London, to inquire by the oath of
good and lawful men of his bailiwick as to the lands and
tenements held by Henry Caliser of London on the day of
his death, and to return the finding to Chancery. Dated at
Westminster 20 Nov. 1398.
Inquisition taken on 8 Jan. 1399 by oath of Thomas Coton
and others, who said on oath that Henry Caliser on the
day of his death held of the king in free burgage, as all the
rest of the city is held, a tenement of the annual value of
4 marks in Bowyerowe within Ludgate in the parish of St
Martin, situate between a tenement of the Friars Preachers
in the occupation of Thomas Coton, bowyer, on the west,
a tenement of Nicholas Spencer on the east, Ludgatestrete
on the north, and a tenement of the Friars Preachers on the
south; further that Henry Caliser died on 15 April 1312,
that William Leek, tailor, is his next heir and of the age
of 50 years and more, that Henry Caliser's widow Agnes
occupied the house, by virtue of a legacy from her husband,
until she died, that afterwards Nicholas Myle and his wife
Ellen occupied it by virtue of a legacy from Henry Caliser
to Ellen for her lifetime, that Nicholas then held it for life
without any title, and on his death a certain Nicholas Henxtworth occupied the house by intrusion until his death, when
Joan his widow entered by intrusion and took as her husband
a certain Clement Lavendere, and on her death a certain
John Henxtworth entered the house as her heir and held it
until last Michaelmas, when by his consent William Leek,
the true heir of Henry Caliser, entered into occupation.
10 April 1399
Writ of protection in favour of Andrew Preston, vintner,
who was then in the company of John, duke of Exeter,
captain of the town of Calais. Dated at Westminster 10 April
1399.
18 April 1399
Writ of certiorari to the Mayor, Aldermen and Sheriffs
requiring information as to the probate of wills in the city.
Dated at Westminster 18 April 1399.
Return that no testament of lands and tenements in the
city ought to be admitted to probate or enrolment unless the
seal of the testator were affixed or appended to it, and unless
sufficient witnesses, two at least, were able to testify expressly
concerning the seal of the testator, having sufficient knowledge of that seal.
Membr. 2 b
29 April 1399
Writ of protection in favour of Saer Parkesgate then about
to cross in the king's company to Ireland. Dated at Westminster 29 April 1399.
18 June 1399
Quitclaim from Wynandus (fn. 2) van de Brule, executor of John
Palyng, late citizen and goldsmith, to John Frensshe, Raymond Standelf, goldsmith, and William Sauvage, citizens of
London.
Writ of certiorari demanding the cause of the taking and
detaining of Beatrice, widow of Ralph Seintleger, otherwise
known as Beatrice, wife of John Curson, knight. Witness
Edmund, duke of York, custos of England, 10 June 1399.
Return of Drew Barentyn, mayor, that the said Beatrice
had been taken and detained in prison at the suit of Alexander
Shessh by virtue of a bill pending before the Mayor and
Aldermen in the Chamber of the Guildhall, the tenor of which
bill accompanied the return.
Membr. 3
11 Dec. 1398
Plaint levied before John Warner, sheriff, 11 Dec. 1398.
John Boudyer and John Molyn, merchants, summoned
against Peter de Craon, knight, merchant, in a plea of account
of goods and chattels received to the value of 250 marks.
Pledges of prosecution: William Permestede and William
Cosso.
By virtue of which plaint, the said John and John were
taken and detained in the prison of Newgate until 26 June
1399, when John Clopidas brought into the Chamber a writ
of attorney, dated at Haverford, 24 May 1399, whereby he
or any one appointed by him was authorised to act on behalf
of the plaintiff, who was then about to cross to Ireland in
the king's service. Thereupon he appointed Matthew Trefours, chaplain, as his attorney, and together with the said
Matthew agreed to the delivery of the two defendants from
Newgate.
At the same court the defendant, John Boudyer, appeared
and acknowledged a recognisance of debt. This document,
dated 10 Nov. 1388, was issued by John Buridam, esquire,
keeper of the seal of the bailiwick of Vermendois established
at Peronne, and witnessed that John Boudyer, surgien de
muraus
(fn. 3) at Paris, had personally appeared before his lieutenant,
Raymond Douiler, and had acknowledged a debt of 200 gold
florins called "francs" as due to Sir Peter de Craon, knight,
seigneur de la frete Barnart
(fn. 4) , and payable in even portions
at Pentecost and Christmas following. [French]
Membr. 4
10 May 1399
Alice, daughter of Robert Osprenge, late citizen of London,
brought a bill before the Mayor and Aldermen against John
Olneye, junior, of Weston, Richard Blomville and John
Middelton, mercer, executors of the will of John Olneye,
senior, woolman, complaining that whereas the late John
Olneye by his will made on 10 Aug. 1396 had devised to her
the sum of £40, the said executors on 16 Sept., when the
testator was dead, had embezzled the will and forged (fn. 5)
another will, in which there was no mention of the legacy.
[French]
As the plaintiff was under age, the court appointed John
Dalton to prosecute her bill. The defendants having made
three defaults, John Middelton appeared alone on 4 June,
when he appointed Lambert Frampton his attorney and was
mainprised for his appearance on 9 June.
Membr. 4 b
On that day the said John Middelton prayed judgment as
to whether the court had any cognisance of the matter in the
bill, which dealt with testamentary dispositions, the cognisance
of which belonged to the Court Christian. Notwithstanding
this exception to its jurisdiction, the court ordered him to
plead further.
He then pleaded that on 16 Sept. 1396, when he was
alleged to have forged a will, the testator having died, the
testator was in fact alive at Lavendene (fn. 6) co. Bucks and for
two days after. He prayed that the bill be quashed. He was
ordered to plead furtner, notwithstanding this exception to
the bill.
Thereupon the defendant, while not admitting any embezzlement of the first will or forging of the second, declared
that he would make his plea as follows—it was true that John
Olneye had devised the sum of £40 to the plaintiff on 10 Aug.
but afterwards on 1 Sept., believing that he could not fulfil
the legacies, the testator changed his will and made another
one at Lavendene, revoking the former will, which second
will the defendant now produced in court, and that afterwards the testator died, when his will was proved according
to ecclesiastical law before the ordinary in that county, and
was duly administered, and this was the will which the
plaintiff alleged to be a forgery, which he was prepared to
verify etc.
The plaintiff, while protesting that she did not admit anything pleaded by the defendant, chose as her plea the statements made in her declaration, which she was prepared to
verify. She demanded judgment whether she was bound by
law to answer the defendant's allegations.
Membr. 5
As the court wished to consult more fully as to rendering
of judgment, a day was given on the quindene of St Michael,
before which day the action remained without a day because
the lord Richard, late king of England, dismissed himself
from the rule of his kingdom (fn. 7) . The plaintiff appeared on the
quindene and prayed that the parties should be summoned to
hear judgment on the 22 Oct. After several adjournments,
and Richard Blomville having died, the parties appeared on
21 Jan., when the court, wishing for information as to the
amount of damages to be adjudged in case judgment were
given against the defendant, ordered a jury of the parish of
St Michael Crokydlane to be summoned for 18 Feb. The
jury said on oath that the plaintiff sustained damages, by
reason of the deception alleged in her bill, if judgment were
given for her, to the value of £55.
And since it seemed to the court that the matter alleged
by the defendant was not sufficient in law, according to the
custom of the city, to exclude the plaintiff from her action,
it was considered that she recover against the said John
Middelton and his mainpernors the sum of £55 taxed by the
jury. And upon this, the plaintiff, by her guardian, acknowledged that she did not wish to prosecute her bill further
against John Olneye, junior. Accordingly it was ordered that
she have execution against John Middelton and his mainpernors, and on her request, precept was issued to take and
detain them in prison until the money be paid.
Membr. 5 b
10 July 1399
Whereas, according to the custom used and approved in
the city from a time whereof the memory of man runneth
not to the contrary, every mayor or warden of the city for
the time being is able, whensoever it shall please him, to take
and cause to come before himself and the Aldermen in the
Chamber of the Guildhall all kinds of plaints or pleas, begun or
pending undetermined before any of the Sheriffs of the city,
as well at the petition and request of the defendants as of the
plaintiffs, and to determine them by examination of the parties
or in any other lawful manner—on 10 July 1399 the mayor,
at the request of a certain Amy Donat, ordered his serjeant
to warn John Wade, sheriff, to bring before him in the
Chamber a plaint levied before the said sheriff between John
Tervyn, clerk, administrator of the goods and chattels of John
Donat, intestate, and the said Amy in an action of trespass,
and to give the plaintiff John Tervyn a day, namely 12 July,
to prosecute his plaint before the Mayor and Aldermen in
the Chamber.
The plaint, beginning with the words: "Plaint levied in
the house of John Wade, one of the sheriffs of London, on
Thursday 10 July 1399," was produced, and the plaintiff
John Tervyn then made his count, in which he alleged that
on 13 Feb. 1392 the defendant Amy Donat took and carried
away by force and arms the sum of £20, belonging to John
Donat and then in the custody of the plaintiff, against the
peace and to his damage £40. The defendant found mainprise
for her appearance to answer the count on 22 Oct., the plea
remaining without a day during the interval, because the lord
Richard, late king of England, had dismissed himself from
the rule of his kingdom.
On 22 Oct., at the request of the plaintiff, precept was
issued to re-attach the defendant for her appearance on
27 Oct. The plaintiff having declared as before, she pleaded
not guilty. A jury of the parish of St Helen Bishopsgate on
3 Dec. prayed for a week's interval before giving their verdict,
and on 10 Dec. found her guilty and taxed damages at £21.
Judgment was given for that amount, and the defendant and
her mainpernors were committed to prison.