Roll A 39
1403-07

Sponsor

Centre for Metropolitan History

Publication

Author

A.H. Thomas (editor)

Year published

1932

Pages

267-288

Citation Show another format:

'Roll A 39: 1403-07', Calendar of the plea and memoranda rolls of the city of London: volume 3: 1381-1412 (1932), pp. 267-288. URL: http://british-history.ac.uk/report.aspx?compid=36711 Date accessed: 25 November 2014.


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ROLL A 39

Rolls of Memoranda and Pleas of the time of William Askham, mayor, A o 5 Henry IV [1403-4]

Membr. 1

2 May 1404

Writ of certiorari demanding that the tenor of the ordinances made between the Cordwainers and Cobblers of the city be sent before the king in his council. Dated at Westminster 2 May 1404.

Return giving the ordinances of 2 Dec. 1375 [set out in H. T. Riley's Memorials, pp. 391-2], 23 Jan. 1376 [R. R. Sharpe, Cal. of Letter Book H, p. 20] and 14 Aug. 1395 [set out in Memorials, pp. 539-41].

Membr. 1 b

10 June 1404

Quitclaim by Agnes Benyngton to John Devenyssh of all her interest in the "Bole" tavern in West Cheap in the parish of All Hallows, Honeylane, a shop with two solars above next to the tavern and two tenements next to the church. Dated 8 June 1404.

Bond of John Devenyssh, whereby he conveyed his title to the above properties and the rents issuing from the same, to John Bullok and Roger Hunte, on condition that if he came to an agreement with William Sacom as to certain debts before 15 Aug., he should re-enter into possession. The bond mentions that he had acquired his title from Nicholas Benyngton, and that he had subsequently let the one tenement to Alexander Davy, grocer, and the other to Thomas Bacheler, draper, and Joan his wife, and the shop to Alexander Goodyng. Dated 9 June 1404.

7 Oct. 1404

Grant by Arnald Guilliam of Sedse, citizen and vintner, to Philip Bangor, draper, and John Brid, vintner, of four pieces of silver with silver covercles and all other his goods, jewels and chattels. Dated 27 Sept. 1404.

Membr. 2

9 Nov. 1403

Writ of error, dated at Westminster 9 Nov. 1403, ordering that the record and process of an action begun in the Sheriffs' Court before Richard Merlowe, sheriff, between Thomas Aleyn, mercer, plaintiff, and Joan, widow and executrix of Bartholomew de Bosano, mercer, Peter Burton, clerk, and William Sowthows, her co-executors, defendants, and subsequently removed into the Chamber of the Guildhall before John Walcote, late Mayor, and the Aldermen, which action was for the recovery of £200 from the executors, be rendered at the church of St Martin le Grand before William Gascoigne, John Markham, William Haukeford and William Brenchesley, the king's justices assigned to examine the same and to correct the errors therein, if any, and to do justice in the matter.

12 Nov. 1403

Precept of the above-named justices to the same effect, but describing the defendant Joan as widow of Bartholomew de "Basano," and fixing a day, 28 Nov., for the production of the record and process.

Membr. 2 b

Return of William Askham, Mayor, and the Aldermen to the above writ, claiming the city's privilege of rendering the record and process oretenus by the recorder after a respite of forty days.

Membr. 4

11 Feb. 1404

Precept of the justices at St Martin le Grand reciting that when the Mayor and Aldermen on 25 Jan. had produced, oretenus by the recorder, the record and process of the action between Thomas Aleyn, mercer, and Joan, widow of Bartholomew de Basano, and Peter Burton and William Sowthows, her co-executors, the executors had complained of several omissions in the recorder's statement, as follows:

They had claimed judgment because the name mentioned in the bond, on which the money was claimed, was written as "Basano," whereas it was "Bosano" in the plaint, and the court had not allowed their exception.

Item, William Vaux, attorney of the defendant Joan, had stated that Bartholomew de Bosano, coming from Scotland in the king's company, had fallen sick at Newark and made his will, appointing as his executors Joan his wife, John Duffeld, John Corne and John Bilte, who administered his goods and chattels after his death, and as these persons were not named in the plaint, he demanded judgment, whereupon the plaintiff had denied that John Duffeld and the others were executors and had challenged the defendant, in accordance with the custom of the city, to an oath that her pleading was true, to which William Vaux had replied that the defendant Joan was not bound to answer as regards the alleged custom, but that he, as her attorney, would take the oath, and the court, not allowing his exceptions, had ordered him to continue pleading.

Item, the plaint was levied against the said Joan and her co-executors in common, and as the co-executors did not appear, she prayed judgment whether she need answer without them, and the court had not allowed her exception and had ordered her to answer further.

Item, though the plaintiff made his declaration against the defendant Joan only, in the absence of her co-executors, on the supposition that this action was sufficient, nevertheless he prosecuted process of capias against the co-executors to answer together with her, thus waiving and renouncing the advantage conferred on him by statute (fn. 1) , whereupon she prayed judgment whether the court wished to call on her to answer before the appearance of her co-executors, and notwithstanding this exception, the court ordered her to answer further.

Item, when her co-executor William Sowthows appeared by his attorneys Richard Legge and William Rokesburgh, and pleaded that the testator, falling sick at Newark, appointed him, together with John Duffeld, John Corne, John Bilte and John Taillour as executors, and the names of these executors were not named in the plaint, whereof he prayed judgment, notwithstanding this exception the court ordered him to answer further.

Item, during the process divers precepts were issued and there were continuations of the action by putting the jury in respite, and judgment was deferred that the court might consult.

Item, judgment having been rendered for Thomas Aleyn, the plaintiff, execution of the judgment was made against the defendant Joan.

Since it was complained that none of the above matters appeared in the record as produced oretenus by the recorder, the Mayor and Aldermen are ordered to produce the omissions, if any, and the original plaint before the justices at St Martin le Grand on 16 Feb. 1404. Dated at St Martin le Grand 11 Feb. 1404.

Membr. 4 b

Return that the precept arrived too late for answer.

16 Feb. 1404

Further precept to the same effect, demanding the omissions and original plaint on 21 Feb. Dated at St Martin le Grand 16 Feb. 1404.

Membr. 2 b

Return that the recorder had already explained that there was no such action as "Aleyn versus Basano," and so there could be no omissions or original plaint, but that there was an original bill on the sheriffs' roll in "Aleyn versus Bosano," as was recorded by the recorder on 25 Jan. 1404.

Membr. 3

21 Feb. 1404

Further precept of the justices, demanding the omissions and original plaint in "Aleyn versus Basano" to be produced on 24 April 1404. Dated at St Martin le Grand 21 Feb. 1404.

Membr. 7–7 b

27 Jan. 1405

Further precept of the justices, demanding etc. on 3 Feb. 1405. Dated at St Martin le Grand 27 Jan. 1405.

Return that there was no such plea, but that there was one in the name of "Bosano."

Membr. 6–6 b

3 Feb. 1405

Further precept of the justices, reciting previous precepts and returns. Although the Mayor and Aldermen had returned that there was no such plea as "Aleyn against Basano," the executors maintained that in the sheriffs' roll the name appeared clearly as "Basano" and that in the plaint there enrolled there was also a spelling "civitaes." Accordingly the justices demand the original plaint to be produced on 10 Feb. 1405.

Return that the precept arrived too late for answer.

Membr. 2

12 Nov. 1403

Writ to the mayor and sheriffs notifying that by ancient custom the men and tenants of the honour of Walyngford were quit of toll throughout England, and demanding that this exemption be allowed to them in London, or that cause be shown to the contrary. Dated at Westminster 12 Nov. 1403.

14 Nov. 1403

Similar writ in. stronger terms.

Return of William Askham, mayor, Thomas Polle and Thomas Fauconer, sheriffs, that they and their fellow-citizens and their predecessors held London and Middlesex to farm with divers liberties and free customs, tolls, passages and lastages, by an annual payment to the Exchequer, that the sheriffs had always taken custom from the men of Walyngford as from other men, in aid of the aforesaid farm, which liberties had been confirmed by statutes and charters of the king and his progenitors, wherefore they could not and ought not to exonerate the men of Walyngford from payment of the same.

Membr. 5

12 April 1404

Writ demanding that all sheriffs of London since 24 June 1396 appear before the barons of the Exchequer on 9 May to show by what title they claimed certain dues from boats bringing rushes, which dues a certain John Clerk of London had lately taken to farm from the king, and that the mayor bring the names of the sheriffs. Witness J. Cokayn at Westminster, 12 April 1404, by the roll of memoranda XI of Hilary term, and the writ is returnable in three weeks of Easter (20 April).

Return as follows:

Ao 20 Ric. II, Roger Elys and William Shiryngham, both dead.

Ao 21 Ric. II, Thomas Welford, attached for his appearance by John Roo and Robert Dryffeld. William Parker, dead.

Ao 22 Ric. II, William Askham, att. by William Gay and Nicholas Bridport. John Wodecok, att. by William Neuport and Ralph Bray.

Ao 23 Ric. II, John Warner, att. by Edmund Bys and Edmund atte Perye. John Wade, att. by James Symmes and William Kyngeston.

Ao 1 Henry IV, William Walderne, att. by John Blosse and Henry Broun. William Hyde, dead.

Ao 2 Henry IV, John Wakelee, att. by John Donne and Thomas Hert. William Evote, dead.

Ao 3 Henry IV, William Fremelyngham, att. by Henry Hoddon and Philip Bray. William Venour, att. by Nicholas Godeman and Ralph Bate.

Ao 4 Henry IV, Robert Chichelee, att. by Thomas Stable and Richard Kyng. Richard Merlawe, att. by Simon Bale and John Gode.

Ao 5 Henry IV, Thomas Polle, att. by William Norton and Henry Horton. Thomas Fauconer, att. by Henry Gedenham and Stephen Bridlepe.

Membr. 5 b

8 Oct. 1404

Lease from John Chaumbre, knight, of Lyllyngstonlovell (fn. 2) co. Oxon, and Joan his wife, daughter and heiress of William Glendale, late citizen of London, to William Langford, armourer, for seven years of two shops in Friday Street on the south side of the inn called "le Fesaunt on the hope."

Lease to the same of a shop, south of the above, in the occupation of William Porter, saddler.

9 Oct. 1404

Quitclaim of John Marchall, tailor, to John Chambre, knight, and Roger his son, of all claims on a statute staple of Westminster for the sum of £200.

Membr. 7

12 Oct. 1404

Acquittance from John Chambre, knight, to Thomas Stone, hostiller, and Joan his wife, for £40 rent for an inn called "le lyon on the hoope" in Friday Street and a small shop by the north door of the inn.

Membr. 8

22 Nov. 1404

Letters patent constituting John Hende, mayor, William Gascoigne, William Thirnyng, John Cokayn, William Rikhill, Hugh Huls and Thomas Thornburgh, any six, five, four, three or two of them, of whom the mayor should be one, justices of Gaol Delivery of Newgate. Dated at Westminster 22 Nov. 1404.

20 Jan. 1405

Writ demanding that John Seint Germayn, Walter Gawtron and Thomas Craft, citizens of London, be arrested and brought before the king and his council on Friday next, there to answer etc.

Return that the above-named persons had been arrested.

9 Feb. 1405

Elisabeth Golafre, prioress of the house of the Blessed Mary Magdalene at Ankerwyk-on-Thames co. Bucks., brings a plaint of intrusion against Robert Comberton (fn. 3) , James Northampton and Henry Somer touching her free tenement in the parish of All Hallows at Hay, London.

Membr. 8 b

6 July 1405

John Chaumberleyn and Thomas Notecroft, perpetual chaplains of the chantry in the church of St Michael Paternosterchirche in the Ryole, bring a plaint of intrusion against Richard Broun, John Hovell and William Arnold, bakers, touching their free tenement in the same parish.

Membr. 9

20 Oct. 1405

Bond of Roger Batt, skinner, to John Proffyt, chamberlain, for his good behaviour towards the masters and mistery of Skinners, under penalty of £20, to be applied as to one half to the use of the city and the other half to the charitable purposes of the mistery, if he were convicted by testimony of eight good men of the mistery.

26 0ct. 1405

The Mayor and Commonalty of the city of London demand an Assize of Nuisance against John Shadeworth and John Wodecok, mercers, William Cressewyk and John Wakefeld, touching their free tenement in the parish of St Michael Bassyngeshawe.

Membr. 9 b

4 July 1405

Richard Forster, Walter Pope and Guy Lawrence, citizens of London, entered into a bond of £40 that neither the prior nor convent of Merton, nor anyone in their name, would from henceforth place in the Thames any branches or rods called "ryses (fn. 4) " for the destruction of fish or hindrance of shouts (fn. 5) , barges, boats or other vessels between the prior's weir and the meadow opposite in the county of Surrey. Thereupon a shout, a long boat and a net belonging to the prior, which had been taken by Alexander Boner, serjeant of the city and supervisor of the Thames, were handed back.

Afterwards on 20 July 1407, as it was found by the Mayor and Aldermen on their view of the Thames (fn. 6) that the prior and his deputies had placed rises in the water contrary to the above bond, John Brokford, serjeant of the Chamber, was ordered to summon the above-mentioned Richard, Walter and Guy to hear judgment on 28 July. As they could not deny the record, it was considered that John Profyt, chamberlain, levy the sum of £40 from their lands, tenements, goods and chattels. Afterwards, for divers reasons moving the Mayor and Aldermen, the said £40 was condoned for £10, which was paid, and thereupon the bond was cancelled.

Membr. 10

1 Sept. 1405

John Chapman, son of Hamon Chapman of Ash co. Kent, brought a bill complaining that Thomas Clyfton, vintner, to whom he had been apprenticed for eleven years, had given him no instruction during the first five years of his term, and had then beaten and wounded and driven him from his service, to his damage £40.

The master, being summoned, made four defaults, wherefore on 28 Sept. it was considered that the plaintiff be exonerated from his apprenticeship and be quit thereof.

Membr. 11

Seven rolls and one scrowell (fn. 7) of memoranda and pleas of the time of John Wodecok, mayor, Ao 7 Henry IV.

Memorandum that Robert Domenyk, mercer, and William Norton, draper, having been appointed as arbitrators between Roger Moordon, skinner, and John Tettysbury, skinner, brought in their award as follows:

Whereas John Tettysbury had entered into a bond of £80 to Robert Markele, skinner, that he would pay the sum of £40, which had been left as a legacy by John Leycestre (fn. 8) to John Tettysbury's daughters Joan and Joan, it was awarded that Roger Moordon should pay this amount on his behalf, and that Roger Moordon should also pay him the sum of £20 due for divers debts. As a help towards these payments, Roger Moordon was to receive certain rents from John Tettysbury's tenements in Thames Street. [French]

19 May 1406

Writ of certiorari. Whereas John Rede, weaver, had recently sued Thomas Polle and Thomas Fauconer, late sheriffs of London, on a writ of the Exchequer, for having under colour of their office on 13 May 1405 arrested, imprisoned and detained him until he entered into a bond of 100 marks for his delivery, and for having taken and carried away 3 cloths of blanket, 2 pieces of silver with a silver covercle, 3 mazers harnessed with silver and one dozen silver spoons, value £100, belonging to him, as he alleged, and whereas the present sheriffs of London, at the suit of the late sheriffs, had recently arrested the said John, and a writ of corpus cum causa had been sent to the sheriffs, who had returned that the said John Rede had been taken and committed to prison for certain causes pending before the mayor, the mayor is ordered to certify the cause of the taking, arresting and committing to prison of the said John before the barons of the Exchequer at Westminster on 21 May 1406. Witness J. Cokayn at Westminster, 19 May 1406.

Membr. 11 b

25 May 1406

Further writ, dated 25 May 1406.

Return of the mayor that John Rede had been committed to prison on 8 May 1406 as a punishment for opprobrious, unseemly and rebellious words openly spoken to himself and the aldermen, to the great scandal of the Mayoralty Court of the city (curie Maioratus Civitatis), in order that others henceforth might be deterred from speaking the like words.

Membr. 12

17 Nov. 1405

Writ to the mayor and sheriffs, that among other liberties and quittances granted to the citizens of Winchester by the king's predecessors and confirmed by himself, it was granted that they should have all the liberties and customs which they had in the time of King Henry I (fn. 9) , their purchases (acata) and pledges (vadia), and that they should be quit of toll, lastage, stallage, pontage (fn. 10) , passage, chiminage, murage, pavage, cayage and picage (fn. 11) and all other customs, wherefore the mayor and sheriffs are commanded not to hinder or oppress the said citizens against the tenor of the said charters. Dated at Westminster 17 Nov. 1405.

27 Sept. 1406

Writ of protection in favour of Thomas Brige, alias Thomas Parker, of Eltham, who was then in Ireland in the company of the king's son, Thomas Lancastre (fn. 12) , steward of England and the king's lieutenant in Ireland. Dated at Westminster 27 Sept. 1406.

Membr. 12 b

26 Feb. 1406

Bond of Thomas Meygneld, grocer, to John Sadler, vintner, in £40, that Hankyn van Hannard, whom the said John had brought before the Mayor and Aldermen as a native of Flanders and an adherent of the king's enemies, would produce authentic letters under seal to prove that he was born in Holland and was not an adherent of the king's enemies.

21 June 1406

Thomas de Nevyll, lord of Fournyvall, brings a plaint of intrusion against Thomasine, widow of William de Fournyvall, knight, touching his free tenement in the parish of St Andrew, Holborn (fn. 13) .

Membr. 13

10 Nov. 1405

Writ to the sheriffs that, whereas by charters lately confirmed by the king the burgesses of Colchester were free of all toll, lastage, passage, pontage and customs, and had the right of taking as much from the burgesses of any town as in that town had been taken from the burgesses of Colchester, and further were free of murage, picage and pavage, the said sheriffs are ordered to allow the said burgesses to enjoy their liberties. Dated at Westminster 10 Nov. 1405.

Return of the sheriffs that they were unable to exonerate the burgesses of Colchester from payment of toll, lastage and passage, since the money thus obtained was a part of the feefarm, payable at the Exchequer, for London and Middlesex, as granted by statutes and charters and confirmed by the present king.

Membr. 13 b

1 Jan. 1406

Writ to the sheriffs that, although parliament had been summoned to Coventry on 15 Feb. for certain arduous and urgent business touching the realm and the church, nevertheless, since the king had assigned his son the prince of Wales to make war against and punish the rebels in Wales and believed that victory would be the more certain if the lords, nobles, magnates and commonalty of the realm were nearer to the prince and his forces, he had, by the advice of his council, ordained that parliament should be held at Gloucester, wherefore the sheriffs were bidden to cause four of the more discreet and sufficient citizens to be chosen to attend at the place and time named, having sufficient power on behalf of themselves and the commonalty of the city to do and consent to those things which should be ordained of the common counsel of the realm (fn. 14) , but the king did not wish that the sheriffs or any other sheriffs of the realm should be chosen. Dated at Westminster 1 Jan. 1406.

Membr. 14

10 May 1406

Whereas Roger Batte, skinner, had entered into a recognisance to the chamberlain in £20 on 20 Oct. 1405 for his good behaviour towards the masters and mistery of Skinners, and to observe the laws, customs and liberties of the city, the masters and wardens on 10 May 1406 came before the Mayor and Aldermen complaining that the said Roger was daily working to their detriment, against the form of his recognisance. The said Roger, who was present, denied having committed any trespass. Thereupon the parties put themselves on the judgment of the Mayor and Aldermen, who on 18 May, having examined both parties, awarded that Roger Batte humbly submit himself to the masters, wardens and good men of the mistery and crave pardon for his offences, and that the said masters, wardens and good men should then pardon him. This having been done, the bond was quashed and the said Roger entered into another recognisance to the chamberlain in £20 to the same effect.

Membr. 14 b

11 July 1406

William Louthe, Thomas Polle, Thomas Exton, John Blakeden, William Grantham, George Cressy, Richard Barton, William Fitzhugh, Salamon Oxney, John Palyng, John Frenssh, John Osborne, John Standelf, Peter Thorold, John Lenham, John Lagage, Thomas Lamport, John Emond, William Adye, John Halle, Robert Halle, William Randolf, Richard George and Robert Broun, goldsmiths, and many others of the same mistery keeping inns in the city, whose names are preserved in a register (papiro) in the court, came before the Mayor and Aldermen in the Chamber and entered into recognisances in £200 to the chamberlain, for the good behaviour of themselves and their servants towards he king and people and all officers and servants of the city.

Membr. 15

18 Feb. 1406

Memorandum that whereas a writ had been issued from the Exchequer to the sheriffs ordering them to distrain Thomas Polle and Thomas Fauconer, late sheriffs, to appear in the Exchequer to answer John Rede, weaver, for having taken and imprisoned him until he entered into a recognisance of 100 marks for his release and for having taken and carried away his goods to the value of £100, the Mayor and Aldermen summoned the parties on 18 Feb. 1406 and questioned them separately as to whether they would accept their arbitration on all disputes between them, and both parties consented to do so. Thereupon John Rede agreed to withdraw his writ in the Exchequer and not to prosecute it on the Thursday following. The late sheriffs were ordered to bring in the bond, and both parties entered into recognisances to accept the award. On 2 March Cecilia, widow of William Denton, appeared in court and also agreed to accept the award in so far as it concerned herself.

Afterwards on 8 May the Mayor and Aldermen, having fully considered the trespasses committed by both parties, gave as their award that John Rede, for certain trespasses against Thomas Polle and Thomas Fauconer, should pay them the sum of £20, and that the latter, for their trespasses against John Rede, should pay him the sum of £4 or goods and chattels to the same value, and that the obligation for 100 marks should be cancelled, further that John Rede should not prosecute his suit in the Exchequer on 9 May, and that out of the goods which the above-mentioned Cecilia had intrusted to him for her keep he should provide for her in the same manner as he had done before the dispute between himself and the sheriffs, or account to her by due process of law (fn. 15) .

8 March 1406

John Talbot and Maud his wife bring a plaint of intrusion against John Penros touching their free tenement in the parish of St Andrew Holborne (fn. 16) .

Membr. 16

9 July 1406

John Osbarne, in the presence of John Wodecok, mayor, John Preston, recorder, Hugh Waterton, knight, and Richard Whityngton and Drew Barantyn, aldermen, in the parish of St Mary Magdalene, Castle Baynard Ward, took an oath that all the statements in a sealed document, which he prayed might be entered of record in the Chamber of the Guildhall, were true, as follows:

"I John Osbarne knowleche here by for yow and fully bere wytnesse as I will answere a fore God and man on all manere perill that may befalle to body or to sowle, that y the same John Osbarne in the age of syxtene wynter beyng wt my fader John Osbarne that tyme Conestable of the Castell of Dunsterre and Styward of the same lordship and beyng a chyld at scole seyghe and herde and was ther present whan Sire John the lord Mohun enfeffed William Fordeham and Maude of Burton of the same castell and lordship of Dunsterre and other maners lygyng thertoo in fee symple and here upon was a livere of seysyn y made to the same William and Maude by Robert Parnecote and William Howthorpe by vertue of a lettre of atturne then opynly i redde at: which tyme the same lord Mohun was att Tychefeld (fn. 17) and any lady his wyf atte Beneham (fn. 18) a towne of the Abbotes of Clyve (fn. 19) and att the same tyme of lyveree ther were twey children in the same Castell and weren bore oute and broght to Beneham a forsayd to her moder that was the Contesse of Salesbury that now is and here suster that Meneresse afair that (fn. 20) and within a fourtenyght or thre wekes after that, the forsayd William and Maude comen in propre persone to Dunsterre and made a dede of feffement to the same lord Mohun and Johane his wyf and to the heirs of here twey bodies frely bygetyn, and delivered hem fully seysyn afore all men of the forsaid castell, lordship and maneres att which tyme all men that there were were glad that the children should be enherited. And that all this is sothe I will do to sothe upon what book or relik that ye will do come afor me and also sette herto my sele of myn armes. In witnessyng of verray trowthe and in more opyn prove herto i have sett my sele a forsayd. I wryten att London in the parissh a forsayde the ix day of Juylle the yeer of the regnyng of kyng harry the fourthe after the conquest sevenethe."

10 July 1406

Walter Gregory appeared before the mayor, recorder and aldermen and prayed that the following words, which he swore to be true, might be entered of record in the Chamber.

"I Wautier Gregorye Vicaer of the Chirche of . . .knowleche and fully bere witnes here a fore yow as I will answere afor god and man on perill of my soule that Sir John Mohun lord of Dunster went to the kyng for to over see with hym, and at that tyme hym dred of his home comyng a yene and therfor he pursuyed to the kyng to have licence to aliene his londes to certein persones that is to sey to William Fordham, clerk, and to Maude of Burton a woman soule for the grete trist and affeccioun that he hadde to hem byfor eny other by cause that William was his mayster and Maude was maistresse to my lady his wyf by assignement of Sir Bartholomew Borewessh (fn. 21) here fader that tyme that they were wedded, and the kyng graunted it, and after that the same lord made a dede of feffement in fee symple to the same William and Maude of the castell and Burghe of Dunsterre, and of the maneres of Carampton (fn. 22) , Mynehevede (fn. 23) and Culvetone (fn. 24) , and ther upon was a lettre of attourne y made to Robert Parnecote and to William Howthorpe by the same lord to delivere hem seisine in his name of the forsaid castell, Burghe and maners, and by vertue of that lettre they delivered the forsaid William Fordham and Maude seysyne acordyng to the forseyd dede, and att that tyme the same lord was att Tychefeld and long tyme after for the kyng abood ther in Contrey a grete whyle abydyng passage, and my lady Mohun his wyf remuede to Beneham a manere of þe Abbotes of Clyve and soiourned there and here children with here in the mene tyme that the forsayd William Fordham and Maude were in possessioun and duryng here possessioun they helde courtes and token attournementes of all the tenauntz, and with in thre wekes or a monethe after that the forsaid lord Mohun and my lady his wyf comyn to Dunsterre and ther the forsaid William Fordham and Maude of Burton made a dede of feffement to the same lord and to Jone his wyf and to the heirs of her twey bodies frely begetyn of the forsaid castell, burghe and maners and therupon the forseyd William Foordham and Maude delivered hem fully seysyn in propre persone acordyng therto afor all men, and by vertue therof the forsayd lord continued possessioun to hys endyngday, and att the same tyme I was of the age of xviii wynter and beyng ther att scole and fye (fn. 25) and was present ther whan the forseid feffementz weren made, and that y wole do to sothe as a preste ought to do in what manere that eny man will ordeigne me to done. In witnesse of which thing I the forseid Watier have sette to my sele the x day of Juylle the yeer of the regnyng of kyng herry the fourth after the conquest sevenethe."

Membr. 16 b

28 July 1406

Covenant whereby, in consideration of the cancelling of a bond for £8, Thomas Depham, saddler, and Agnes Vyntener his wife, formerly servant of Sir Robert Turk, knight, conveyed to Thomas Knolles, grocer, the right of collecting for four years a quitrent of 40s from a tenement called " The Peynted taverne (fn. 26) " in the occupation of John Cosyn which quitrent the said Agnes had received for the term of her life by grant of John de Scardeburgh, rector of Orewsll (fn. 27) co. Cambs, Richard Jepe, rector of All Hallows Honeylane, Bartholomew Seman, goldbetere, and Thomas Burwell.

Membr. 17

13 Aug. 1406

Precept from John Wodecok, mayor, to the sheriff of Middlesex, dated at London 13 Aug. 1406. He refers to the statute of Westminster II (fn. 28) , which enacted that salmor should not be taken or destroyed by engines or nets in millponds from mid April till 24 June, to the statute of 13 Ric. II (fn. 29) , which confirmed the above and enacted that salmon should not be so taken in millponds or elsewhere and that no fisherman or garthman (fn. 30) or other should place in the Thames, Humber, Ouse, Trent or elsewhere during that period any nets called "stalkers (fn. 31) " or other engines, by which the frye or brode of salmon, lampreys or other fish should be taken, and that there should be chosen and sworn good and sufficient conservators of the statute in accordance with the earlier statute, and to the statute of 17 Ric. II (fn. 32) , which enacted that the justices of the peace should be conservators in their own counties, to ensure that weirs should not be too strait for the destruction of fry but of a reasonable wideness, to punish offenders, to appoint good and sufficient subconservators and to hold inquiries both de officio and on the information of their subconservators, and which also enacted that, whereas the king's predecessors had granted to the citizens of London the right of removing kydels (fn. 33) in Thames and Medway and of having the punishments pertaining to the king, the mayor or warden of London for the time being should have the conservation of the statutes and the same duties as were given to justices of the peace, from Stanes Bridge to London, and from thence in the same water and in the water of Medway as far as it was granted to the said citizens. Accordingly the sheriff of Middlesex is ordered on the king's behalf to summon twenty-four good and lawful men to come before the mayor at Stanes on 19 Aug. 1406, in order that he might inquire as to the nets and other engines by which the fry of salmon, lampreys and other fish were destroyed, and to appear in person with the names of the jurors.

Membr. 17 b

Similar precept to the sheriff of Surrey.

Membr. 18

16 Aug.1406

Similar precept to the sheriff of Essex for a jury at Stratford Langthorne (fn. 34) on 26 Aug. 1406, with return by the sheriff that the precept arrived too late to be obeyed, and note that a further precept was issued for 18 Sept. 1406.

Membr. 18 b

27 Aug. 1406

Similar precept to the sheriff of Kent for a jury at Grenewych (fn. 35) on 17 Sept. 1406.

Membr. 19

8 Nov. 1406

Commission for Gaol Delivery of Newgate to Richard Whityngton, mayor, William Gascoigne, William Thirnyng, John Cokayn, William Rykhill, William Haukeford and John Preston, of whom six, five, four, three or two, of whom the mayor should be one, were to serve. Dated at Westminster 8 Nov. 1406.

10 Nov. 1406

Lease from Robert Denny, knight, to Roger Hiller, joiner, and John Aldelond, plumber, of his tenements in the parish of St James Garlekhithe, bounded on the east by Kyronelane (fn. 36) , on the west by a tenement belonging to the church, on the north by the church and on the south by the highway, for a term of 10 years at an annual rent of a red rose for five years, and of £6 for five years, the lessees to keep the pavement in repair. A bond of £30 to be cancelled if the lessees enjoy undisturbed possession.

Membr. 19 b

8 Oct. 1406

Covenant whereby Robert Broun, skinner, in consideration of a debt of £21, conveyed to William Framelyngham, skinner, the rents accruing from a plot of ground in Thames Street by Sprotteskey (fn. 37) in the parish of St Dunstan by the Tower, which he had recently let to John Hyde alias Scut for two years at an annual rent of £4, occupation to take place after two years and to continue till the debt was paid. Dated 31 July 1406.

7 Feb. 1407

Bond of Robert Lynford and Edmund Hamelyn, skinners, to Robert Gare of York to bring authentic proof that 3½ lasts of herrings arrested in the ship of James Snycope by the bailiff of Billingsgate as the goods of John Persay, merchant of York, John Sparow of Lund on the Wald (fn. 38) , William Rumlay, merchant of York, and John Persay, son of Robert Persay of Helmsley, at the suit of the said Robert Gare for a debt of £32 13s 4d, were the goods of John Helmesley of York at the time of the arrest.

Membr. 20

7 March 1407

Robert Weller, son of Peter Weller, tailor, exonerated from his apprenticeship to John Godewyn, salter, who had left the city.

13 April 1407

Alexander Bryan came before the Mayor and Aldermen and complained that the previous year he had entrusted a quantity of soap to a certain Alexander Reve to be sold in Bordeaux or exchanged for other goods, and that the said Alexander had traded it for one pipe and two hogsheads (pro duabus (fn. 39) capitibus porcorum) of Gascon wine, and that subsequently a certain Alan Roys, mercer, levied a plaint of account against him in the compter of Nicholas Wotton, sheriff, which plaint was removed before the Mayor and Aldermen in the Chamber of the Guildhall, in which he alleged that this wine had been sent to the complainant by Alexander Reve, in order that he might pay part of a debt of £7 owed by the latter to himself. The Mayor and Aldermen, having inspected a letter sent by Alexander Reve to the complainant and another letter sent by the same to Alan Roys, together with other evidences put in by the parties, adjudged that the wine belonged to Alexander Bryan and that Alan Roys take nothing by his plaint.

Membr. 21

16 June 1407

Philip de Albertis, merchant of Florence, brought a bill before the Mayor and Aldermen demanding from John Megre, merchant (fn. 40) , 139 cwt. 60 lbs. of tin of the value of £150, unjustly detained by him. This tin he claimed to have bought in the parish of St Nicholas Acon from William Venour for £125 11s 8d, who in turn had bought it from the said John Megre, giving him a bond of £150 for payment, a certain Marcus Marcat acting as broker in both sales. The said John Megre had agreed to deliver the tin to him but had afterwards refused to do so, to the plaintiff's damage £200.

After three defaults the defendant appeared on 27 June and appointed John Hethyngham his attorney to answer the plaintiff. Next day, by his attorney, he protested that he did not acknowledge that the tin was of the value named, and pleaded, as his plea, that the plaintiff ought not to have an action against him, because the purchase by William Venour took place in the parish of St Mary Wolnoth and the said William Venour undertook to find other sufficient persons to enter into bonds with him for the payment of £150, after which the tin was to be delivered, but had failed to do so. He prayed that the matter be inquired into by a jury, of whom one half should be of the plaintiff's language, namely Florentines. The plaintiff pleaded that the facts were as set forth in his bill and likewise prayed a jury.

Precept was issued to summon a jury of the parishes of St Nicholas Acon and St Mary Wolnoth, which came and found a verdict for the plaintiff with 100s damages. Being asked by the plaintiff how much was due for his own expenses and how much for damages owing to detinue of the tin, the jury answered 50s for the one and 50s for the other. As it seemed to the court that too little was allowed for expenses, judgment was given that the plaintiff recover the tin, if possible, together with the aforesaid damages and another 100s for his expenses, or otherwise the price of the tin together with damages as aforesaid.

Membr. 22

23 July 1407

Writ that whereas the king by letters patent had lately granted to the abbess and minoresses without London (fn. 41) that no justice, mayor, sheriff, bailiff, coroner, escheator, serjeant, constable, beadle or other officer should exercise any jurisdiction, such as summons, distress or arrest, within the close or precinct of the abbey aforesaid, except only in treason and felonies touching the crown, the mayor and sheriffs of London are commanded to permit the abbess and sisters to enjoy this liberty, and if they have exercised such jurisdiction, to make amends or show cause to the contrary. Dated at Westminster 23 July 1407.

Return of Richard Whityngton, mayor, Geoffrey Brook and Nicholas Wotton, sheriffs, that they have not exercised any such jurisdiction.

19 Oct. 1407

Acquittance by Simon Mosse, chaplain, co. Norfolk, to Philip de Albertis, of the society of the Albertines, merchants of Florence, for the sum of 40 marks borrowed by the said Philip and now repaid. He records that the said Philip, when borrowing the money, had given him a note (cedula) thereof and that he had lost it.

17 Oct. 1407

Precept was given to Otho Brys, one of the mayor's serjeants, to bring before the Mayor and Aldermen a plaint pending in the Sheriffs' Court between John Niandeser, esquire, plaintiff, and John West, defendant. The serjeant brought the plaint, together with the plaintiff's declaration, in which he complained that the defendant had entered his house in the parish of St Andrew Holborn vi et armis on 1 Aug. 1406, and had looked everywhere through the house, seeking for the plaintiff in order to kill him, against the king's peace and to his damage £100.

Afterwards on 20 Oct. the defendant appeared before the Mayor and Aldermen prepared to answer the plaintiff, but the latter made default. It was considered that the defendant go thence without a day.

13 May 1407

Membr. 22b

Philip de Albertis came before the Mayor and Aldermen in the Inner Chamber of the Guildhall, according to the law merchant and custom of the city, and complained that whereas William Venour, merchant, bought from John Megre, merchant, 139½ cwt. 4 lbs. of tin, at 112 lbs. to the cwt., by Mark Marcat, broker, for the sum of £150, giving a bond for the money, and at the same time instructed the said John Megre to deliver the tin either to Mark Marcat or to some person nominated by him, and whereas the complainant bought the tin from William Venour for £125 11s 8d money paid down, the said John Megre refused to deliver the tin.

Thereupon, by virtue of this complaint (queremonia), the Mayor and Aldermen, according to the law merchant and the custom of the city, summoned John Megre before them and questioned him on oath. He admitted the facts and the nondelivery. Accordingly, after consultation, it was considered that the complainant recover the tin and that John Megre deliver it under penalty of the merchandise. (fn. 42)

Footnotes

1 9 Edw. III, c. 3, which says that "all the executors do represent the person of the testator as one person," and that, where there is action against them, "he or they that do first appear in the court shall answer to the plaintiff." The court held that even though the plaintiff had sued a capias to force the co-executors to appear, he did not lose the right to sue one executor in the absence of the others.
2 Lillingstone Lovell.
3 Brother of John Northampton. Cal. of Letter Book H, p. 229.
4 Ramos sive virgas vocat' ryses. See rice in N.E.D., twigs or small branches.
5 Dutch, schuit, a flat-bottomed boat.
6 See above, p. 71, n. 2.
7 The rolls are full-sized membranes, the scrowell or scroll is a halfskin.
8 John Leycestre, a maternal uncle, left £40 to John Tettysbury's daughters Joan and Joan, aged twelve and three years respectively. The money was entrusted on 10 March 1394 by the Chamberlain to John Tettysbury as guardian for his daughters, on condition that he paid 4s in the £ interest per annum, " in accordance with city custom." When the younger daughter Joan died, John Tettysbury rendered account in the Chamber on 10 June 1402 for the £40 legacy and £66 interest, the latter amount having been expended on the girls' upbringing, leaving a debt of £40. Roger Mordon and Robert Markelee acted as sureties to John Tettysbury when the legacy was paid to him. Ultimately the elder daughter Joan married a certain William Fraunceys without permission of the Court of Aldermen, and on 12 May 1408 the latter paid a fine of 40s and was allowed to receive the legacy, which was paid by Philip Bangor, who had probably assumed Mordon's responsibility. The case shows how little actual money passed at this period, payments being largely a matter of bonds, bills and assignments. See Letter Book H, fo. 291 b; I, fo. 18.
9 No charter of Henry I to Winchester is extant. The writ quotes part of what is known as the "second charter" of Henry II, which may be dated either 1155 or 1158. See J. S. Furley, Winchester Records, pp. 28-9; Stubbs' Charters, pp. 165-6.
10 Bridge-toll.
11 Dues for passing, the repair of roads and walls, paving, quay-dues, and dues for breaking ground in markets and fairs for the erection of stalls. See Ballard and Tate, British Borough Charters.
12 Second son of Henry IV, created earl of Albemarle and duke of Clarence in 1411.
13 Described in Inq. post Mort. of 6 Ric. II as 2 messuages and 13 shops. It is called "Fournyvalles Inne" in Inq. post Mort. of 32 Henry VI. Acquired by William Furnyvall in 1350: See Husting Roll, 104 (76) (77) (149) (150). Thomas Nevill married Joan, d. of the above, and was summoned to Parliament as Thomas Nevyll of Halumshire. His daughter Maud married John Talbot, who was summoned to Parliament in 1409, as John Talbot, lord of Furnyvall, and afterwards became earl of Shrewsbury.
14 Que tunc ibidem de cammuni consilio dicti regni. . .ordinari contigerit.
15 See above, p. 275.
16 See above, p. 276, n, 5.
17 Titchfield.
18 Binham. J. Collinson, Hist. of Somerset, iii, p. 511.
19 Of the Cistercian abbey of Cleeve co. Somerset, near Old Cleeve.
20 John de Mohun's daughters were Elisabeth, wife of William de Montacute, earl of Salisbury; Philippa, who married (i) Walter, Lord Fitzwalter, (2) Sir John Golafre, lord of Langley, and (3) Edward, duke of York; and Maud, who married John le Strange, Lord le Strange of Knockyn. The minoress would appear to be an unknown second sister, unless Maud took the veil after her husband's death in 1397.
21 Burghersh.
22 Carhampton.
23 Minehead.
24 Kilton.
25 Sc. fay, faith, allegiance.
26 In the parish of St Martin Vintry in a lane of the same name, which was later called "Three Cranes Lane," Kingsford's Stow, i, p. 239. Agnes Vyntener had a grant for life of the quitrent from Bartholomew Seman, executor of Sir Robert Turk. Husting Roll, 136 (14). See also Cal. of Wills, ii, p. 460.
27 Orwell.
28 13 Edw. I, c. 47.
29 13 Ric. II, Stat. I, c. 19.
30 Garth, according to Termes de la Ley, 1721, p. 373, is a dam or weir for taking fish.
31 N.E.D. derives this from stalk, to creep stealthily, and describes it as a net used by poachers.
32 17 Ric. II, c. 9.
33 A fish-weir. See above, p. 71, n. 2.
34 The abbey of Stratford Langthorne in the marshes, west of West Ham.
35 Greenwich.
36 Now Maiden Lane in Vintry Ward.
37 Described in 1504 as "Hatterskey, formerly Sprotteskey," with wharf and crane, bounded on the north by Thames Street, on the south by the Thames, on the east by Water Lane and on the west by the tenement of Richard Knyghtley and Joan his wife, called "Crownekey." Husting Roll, 231 (33). It now forms the eastern end of Custom House Quay.
38 Lund on the Wolds, near Beverley co. Yorks.
39 Sic.
40 See below, p. 287, for previous proceedings in equity, by the law merchant.
41 The abbey of the minoresses of St Mary of the order of St Clare without Aldgate, which was exempted from the jurisdiction of the city of London. See Tomlinson, History of the Minories. Recently the abbey had received an inspeximus charter confirming its privileges and granting that the abbess and sisters and their successors should have this liberty, that no justice, mayor, sheriff etc. should exercise or cause to be exercised any jurisdiction whatsoever by summons, distress or arrest or any other jurisdiction within the close or precinct of the said abbey, except for treason and felony touching the crown. Ibid. p. 44; Cal. Pat. Rolls, 1399-1401, p. 543.
42 See above, p. 285, for an action of detinue, following on the respondent's failure to obey this order.


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