Calendar of the Plea and Memoranda Rolls of the City of London: Volume 3, 1381-1412. Originally published by His Majesty's Stationery Office, London, 1932.
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ROLL A 33
Robert Durham brought a bill of complaint against Thomas Adam for detinue of certain goods to the value of £54 3s 2d contained in a schedule, which he had committed to his charge by the hands of John Mapulton in the parish of St Lawrence Jewry, and which the defendant refused to return to him, to his damage £10.
Schedule: 4 beds, each with coverlet and tester, 5 marks; another coverlet, 13s 4d; 4 blankets, 6s 8d; 2 pairs of sheets, 10s; another pair of sheets, 4s; one new celour de carde (fn. 1) with 3 curtains, 15s; 4 pairs of jet beads with the gaudees (fn. 2) silvergilt and one furmaille (fn. 3) silvergilt, 26s 8d; 2 gold rings, one with a sapphire and the other with a diamond, 30s; 2 silvergilt rings, 3s 4d; 2 forcerez (fn. 4) and 2 bursez (fn. 5) of cloth of gold, 6s 8d; one hauberk, 40s; one baselard (fn. 6) harnessed with silver, 13s 4d; four bows with one trusse of setes (fn. 7), 20s; one dozen pewter vessels garnish (fn. 8), 16s; 3 pewter pots, i.e., one pottle, one quart and one pint, 2s 6d; 2 pewter saltcellars, 8d; 3 candlesticks of laton, 2s; one large cofre, 10s; divers colours: azure, cynopre (fn. 9) etc., 100s; divers books belonging to the trade of a painter, 40s; 40 quaiers of paper real (fn. 10) and other paper, 16s 8d; another coifer, 2s; 4 piers of marble (fn. 11) with 8 molours (fn. 12), 13s 4d; one pair of matyns (fn. 13), 6s 8d; one sautere (fn. 14), 13s 4d; 2 bordclothes (fn. 15), 13s 4d; 2 tuaills, 6s 8d; 2 savenapes (fn. 16), 2s; one basenet with aventaille (fn. 17), 40s; one long gown of baudekyn (fn. 18), 40s; one materas, 6s 8d; one long sword and buckler, 10s; one silver girdle, 20s; 2 mazeres (fn. 19), 18s; one half-dozen silver spoons, 12s; 2 chaperouns (fn. 20) of scarlet, 8s; 2 of green cloth, 3s 4d; one of blue, 2s 6d; 2 of ray, 6s 8d; one pair of silk poynettez (fn. 21), 3s; 2 pairs of poignets of red cloth, 2s; 2 pairs of scarlet shoes (chaux), 13s 4d; 2 pairs of hose (chauz) (fn. 22) of red cloth, 6s; 5 yds. of black cloth, 13s 4d; 6 yds. of cloth linee (fn. 23), 6s; 4½ yds. of the same, 4s 6d; 7 yds. of russet, 23s 4d; 11 yds. of blanket, 22s; 2 wardecorsez (fn. 24), 5s; one doublet of fustian, 5s; one gown of green, the lynyng of blanket, 13s 4d; one gown of blue, 10s; one long (gown) of ray plonket (fn. 25) and one chaperoun of the same, us 6d; one sloppe (fn. 26) of fustian, 6s 8d; 4 banners of the arms of the Prince batuz (fn. 27), 26s 8d; sandel, taffata and satin to the value of 10s; sanguin (fn. 28) with brimyngstone to the value of £10; 2 hachettz, 2s; 2 planes, 2s; 6 cheselz and 4 fournours (fn. 29), 3s 4d; one half-dozen hokes, 2s; pots, platters (esquelez) and lead belonging to the trade of a painter, 5s; 5 yards of russet, 16s 8d. [French]
Afterwards the parties put themselves on the award of John London, Richard Knettere, cutler, Robert Guppeye and John Lane, as regards the above goods, and also concerning a recognisance of John Mapilton, mason, to John Goodman, tailor, John Pecham, chandler, and Thomas Adam, for the payment of £52 to the plaintiff.
The award stated that the defendant admitted receiving only a portion of the above-mentioned goods, including a bastard mazer (fn. 30), with a covercle, and certain kirtles and abbitz delivered to the Friars Minors, together with other goods including one primere (fn. 31), fourmours (fn. 32), 2 hammers, 2 pynssouns (fn. 33), 2 files, one hanefeld (fn. 34), 2 saws, one shepebelle, one pair of tables blank (fn. 35), one pair of tables without meyne (fn. 36), one quart bottle, one pint bottle and 2 fenestralles (fn. 37). They awarded that the defendant return the above goods to the plaintiff and recover for him those delivered to the Friars Minors. As regards the recognisance the defendant should be quit except for 100s, and the plaintiff should have the recognisance in order to recover what was due to him. [French]
Membr. 1 b
Bonds of John Mokkyng, vintner, and Richard Spencer, spicer, in £100 to abide by the award of Adam Carlell, John Walcot, William Brampton and Henry Yevele, arbitrators chosen by the mayor, or, if they failed to agree, of Adam Bamme, chosen by the mayor as an independent umpire.
Whereas Richard Spenser, spicer, had sued a bill of deceit against Henry Yevele before John Hadle, Mayor, and the Aldermen, the parties submitted themselves to the award of the said Adam, John and William, and of Adam Bamme, in order to settle their differences before the octave of the Purification, on condition that if no award were given, they should be in the same position as before.
Philip Vale, merchant of Bristol, who had married an orphan of the city, Eleanour, daughter of Richard Toky, grocer, deceased, brought a bill before the Mayor and Aldermen praying that William Bys, John Olney and William Pountfreit, executors of the will of the said Richard, give account of certain tenements and rents of the value of 1000 marks, devised to them by the testator to be sold and the proceeds divided equally between Richard, William, John, Maude and Eleanour, children of the said Richard, and also of the goods and chattels of the testator, which were of the value of £100. According to the will, if any child died under age, his or her share should be divided between the survivors. Since then, the children William and John had died. [French]
Robert Pek, the common pleader, affirmed the matter contained in the bill on behalf of the orphans, Eleanour, Richard and Maude. The defendant William Bys, by Philip Rykhall his attorney, did not acknowledge that the goods and chattels were of the value alleged and, as regards the lands and tenements, pleaded that the custom from time out of mind was as follows: that every freeman and freewoman of the city could devise his tenements within the city to his executors to be sold as movable chattels, and if his movable chattels did not suffice to pay his debts, the executors from the money received from the sale of the tenements were charged to pay his debts, in the same manner as they would from his goods and chattels. They pleaded further that the tenements were sold to a certain John Sandhurst for £322 8s 4d, that the children Richard and Maude were under age, and that Eleanour on 6 June 1393, being of full age, married the plaintiff Philip Vale against the executors' wishes. They had paid to him the share due to his wife and had received from him an acquittance, produced in court, as follows:
Acquittance from Philip Vale for his wife's portion of her father's goods and chattels, as set forth in an inventory, and also for her portion of £322 6s 8d coming from the sale of tenements, saving the right to claim a further share, if any of the children died or took the religious habit under age, a share of any debts still unpaid to the executors, and a share of any portion of £19 2s 9d, reserved for paying the testator's debts, which might be unexpended. Dated at London 6 Aug. 1393.
The defendant further pleaded that the goods and chattels at no time amounted to more than £57 9s 1d, and that the testator was indebted to divers persons in the sum of £137 6s 11d, as appeared by the following inventory:
Inventory of the goods and chattels of Richard Toky, deceased, made on 26 Oct. 1391 by Geoffrey Baldok, upholder, Richard Lygthfelow, brasier, John Borham, stockfishmonger, Thomas Panton and Philip Wynter, goldsmiths, Stephen Verderne, skinner, John Page and Roger Couton, armourers, and Richard Mymmes, joiner.
Membr. 2 b
Hall. One dorser, 2 costiers, 4 quysshyns of red and blod (fn. 38) worsted, 8 bankers (fn. 39) lined with canvas, 10s; one painted table for cups, 5s; a wash-bowl and stand (lavatorium cum stipite) of lead, 2s 6d; 3 basins with 3 washbowls of denaunt (fn. 40) work, 11s 4d; one large bowl, 5s; one table with trestles, 2s 6d; another painted table, 8d; 6 quisshyns of tapestry work, 20d; one pair of tables of sprews, 2s; 3 quisshyns of red tapestry work, 12d; one braunch (fn. 41) of iron, 4d; one pees of a wash-bowl, 2d; 3 forms, 12d; one pair of aundirens, 14d; an iron candlestick, 6d; one lance with a shield, 2s; polaxes, 3s; one arblast (fn. 42) with the takell, 2s; 2 dorsers, 2 bankers, 6 quisshyns, 3s 4d; 2 chairs, 20d; 2 dorsers and 2 bankers of blod and black, 20d; one pair of aundirens, 20d. Total, £3 0s 2d.
Chamber. 3 redells (fn. 43), one selour of blod carde with 3 posts (stipis) for a bed, 6s 8d; one other selour of blod carde, 20d; one large feather-pillow (fn. 44) with bolster, 6s 8d; 3 mattrasses covered with blod carde, 6s 8d; one small presse for caps (capuciis), 4d; 3 painted cloths, 6d; 2 tapets (fn. 45) of taune, 16d; one green banquer, 4d; one silk quilt paled (fn. 46) with red and green and lined with bokeram, 10s; one bed with tester of worsted, 20s; one bed with tester of say (fn. 47) with roses, 5s; one bed with tester of green, 4s; one bed with a stained (steynat') (fn. 48) tester, 5s; 2 coverlets, 2s; one coverlet (cooportorium) made at Wynchestre, 3s 4d; a bed of red and blod with roses, 3s 4d; one tester of red and blod, 18d; one chaloun (fn. 49), 2s 6d; 4 pairs of sheets, 13s 2d; 3 sheets, 12d; 5 ells of linen at 7d the ell, 35d; 3 ells of cloth of Cologne (fn. 50), 20d; 3 feather-pillows (plumalia) of sendal (fn. 51), 20d; one small piece of sendal, 2d; 4 old featherpillows, 12d; 2 ells of stained cloth, 12d; 3 pairs of linen cloths, 20d; one long shirt (camisia), one night-gown (flameolum) and one night-cap, 12d; one vernicle (fn. 52), 4d; 2 fossers, one pair of gloves, 8d; 3 handbags (mantice), 3s; one chest, 16d; one large chest, 3s 4d; 2 pairs of top-boots (ocrearum), 16d; one pair of spurs, 4d; 2 lances, 3s; 2 quisshyns of sendale, 2s; one gown (gonella) slashed (bipartita) with russet, furred with lambswool, 6s 8d; one short gown, 3s 4d; two pieces of woollen cloth of shot colours (stragulatus) (fn. 53), 6s 8d; one slashed gown of the Grocers' livery (secta), 3s 4d; one gown of russet with caps, 2s 6d; one gown of black fresed (fn. 54), 4s; one fur of otir, 5s; one white fur, 2s; one pilche (fn. 55) of black, 2S 6d; 3 kirtelles, 18d; one doublet, 2s; 6 caps, 3s; 5 pairs of hose (caligarum), 2s 6d; 2 pairs of meteyns, 10d; one beaver hat, 12d; one gown of blood-colour (sanguinei) furred with crestigray (fn. 56), 33s 4d; one gown of blod colour furred with cristigray, 20s; one russet gown furred with bys (fn. 57), 8s; one gown of scarlet, 4s; one gown of vyolett, 2s; one tunic of scarlet, 20d; one kirtle of violet, 8d; one kirtle of russet, 18d; 2 other old kirtles, 16d; one kirtle of blanket, 20d; 2 pieces of cristigray, 4s; 3 caps, 2s 4d; one cloak of blod lined with blanket, 5s; one other old cloak, 16d; one worn-out cloak, 8d; one stool, 8d; one cradell, 12d; 2 paunchers (fn. 58), 6d; bedbords, 2s 3d; one pilche, 8d. Total, £13 0s 10d.
Jewels In The Chamber. One gold signet, 9s; one silver seal with a chain weighing 3½ oz. 4 dwt., 9s 9d; a pair of tables of ivory, 12d; 3 plain (plane) pieces of silver with a covercle, weighing 2½ lbs. 1½ oz., at 26s the 1b., £3 8s 3d; one nut (fn. 59) with a covercle, 20s; one mazer bound with silver with silver covercle and foot, 13s 4d; one cup bound with silver, 10s; one small cup bound with silver, 6s 8d; 2 cups of mazer, 2s; 13 silver spoons, 19s 10d; one baselard harnessed with silver, 6s 8d; another small one, 3s; a belt partly garnished with silver, 3s 4d; one horn with a braser (fn. 60) harnessed with silver, 6s 8d; one dagger harnessed, 2s; one bokell and one pendaunt of silver, 26d; broken silver, 4s 11d; one small box of sprews, 5s; one lace of green silk, 12d; one knoppe (fn. 61) of perles, 6d; one pair of coral beads with an agnus dei (fn. 62), 23s 4d; another pair of red coral, 6s 8d; one pair of amber, 5s; one pair of beads, 2s; 3 gett buttons and 3 silver conies (coniculi), 6d. Total, £11 12s 7d.
Pantry And Buttery. One ambry (fn. 63), 40d; one hanging ambry, 10d; one candlestick of laton, 26d; one pouderbox, 2d; two painted (depicti) plates, 2d; one pair of table-knives, 20d; one pair of bellows (par utrium), 2s; two iron funnels (fonella), 2d; 8 tolett (fn. 64), 2d; one table cloth (mappa mensalis), 4s; 2 large towels, 10s; another table cloth and a small towel, 5s 6d; 4 old tablecloths, 20d; one small towel, 4d; 2 chargeours, 12 plateres, 10 dishes, 11 saucers (salsaria), 9 trenchours, 2 half-gallon pots, 3 quart pots, one pint pot, salt-cellars (salers), one halywattirstoppe (fn. 65) and one candlestick weighing 86 lbs., at 2d the lb., 14s 4d; 2 flaskett (fn. 66) of pewter, 18d; one gorde (fn. 67), 2d; one hamper, 4d; one box, 12d; 8 lbs. of lynenyerne, 2s 4d; 14 lbs. of wollenyerne, 4s; 3 round basins, 20d; one jar (cadus) for ale, 4d; one earthenware pot, 2d. Total, 58s 6d.
Kitchen. 3 brass pots (olle enee), 2 pocenetts (fn. 68), one chauffour (fn. 69), one broken copper pot (olla erea), 2 keteles and 2 pieces of broken brass, 20s; 4 copper pans, 5s 6d; 3 iron spetys (fn. 70), 20d; one mortar of stone with 2 pestles, 12d; one grespanne, one flesshok and one pair of tongs, 14d; 2 axes, 2 hatchets, 12d; one pipe for corn, 4d; 4 tables, 2s; one grate, 6d; 2 tripods, 6d; one dressyngknyf, 10d; one rakke, 8d; 2 wassyngtubbes and one barrel, 12d; one pair of tongs and one scomour (fn. 71), 8d; one frying-pan (frixorium) and 2 ladles, 6d; one bely (fn. 72) and one mortar, 2d; one water-tankard, 12d; 2 gridirons (craticule), 6d; one knedyngtubbe, 14d; wode and cole, 4s 4d; one pair of gromes (fn. 73), 6d.
Counting-House. One large box bound with iron, 12s; one small forcer, 8d; one book of the statutes, 3s 4d; one quire of paper, 8d; 3 hooks (hami) of laton, 4d; one lock of laton with one fane (fn. 74), and one balance of laton, 12d; 3 pieces of blod carde, 8d; 4 bows, 2s 6d; 18 arrows and 2 bolts, 16d; 3 stantifs (fn. 75), 36 countours and one pair of pincers (fartisipium), 18d; one pair of balaunces, 4d; one pennar (fn. 76) and ink-horn (hincornu), 4d; one pair of tables of box, 8d; one pyx, bound with iron, for silver, 12d; one ell of old canvas, 4d; 2 pieces of deer hide, 14d; one bascinet with aventaill, 13s 4d; one breastplate, 13s 4d; one palett (fn. 77) with aventaill, 4s; one pauncher of mail, 2s; one legharnes, 10s; one. pair of vaumbras and rerebras (fn. 78), 4s; one pair of gauntlets of plate, 3s; one image of the Blessed Mary in aleblastre, 2s; one image of St John the Baptist in aleblastre, 16d; one yard of blod frised, 10d; 9 heads for arrows, 4d; bags (sacule) for silver, 4d; one breastplate, 10s. Total, £4 12s 4d.
Storehouse. One beam with the scales, 6s 8d; wyghtes weighing 3½ cwt. 6 lbs. at 6s the cwt., 21s 4d; 4 pairs of balances, 16d; another pair, 16d; one jar full of bromston, 10s 5d; one malesadell (fn. 79), 2s 8d; another saddle, 4s; a saddle for a woman, 4s; one sadelclothe, 5d; one counting-board (computorium), 5s; broken iron, 3s 11d; iron bolts and staples, 13d; one shovel (vanga), 3d; one auncer (fn. 80) of bras, 12d; one ladder, 4d; one latys, 6d; one rowel (fn. 81), 6d; 2 windows, 7d; one saw, 6d; one small saw, one axe, two hammers, one pair of pynsons, one old plane (fn. 82) and 2 trowels, 12d; 5 boules (fn. 83), 1d; one door with a wykett, 3s 4d; 40 pieces of timber and broken tables, 5s; one deer skin (purse?) with the maidenhead (fn. 84) and one cage, 10d; 8 locks and 120 keys, 20d; cords and bastis (fn. 85), 2d; one small broken box, 4d; 2 painted papers (2 papir' depict'), 2d; 6 pors nettis (fn. 86), 6d. Total, £3 19s 5d.
Moneys Paid. By Henry Barbour, £3 6s 8d; John Pountfreyt, 15s; Agnes Frowe, 9s 10d; Herman Goldesmyth, 46s 8d; John Corbet, capper, 11s 3d; John Corsour, scrivener, £4; John Kent, tailor; 22s 6d. Total, £12 11s 11d.
Debts Owed By The Testator. To Thomas Wilford, fishmonger, £92 3s 4d; William Bys, £30 6s 8d; Roger Snell of Winchester, £12; Robert Crosse of Hull, £5 5s; Walter Toky, £4 13s 4d; Robert Cherteseye, 43s 10d; John Pope, waxchandler, 10s 9d; John Campyon, waxchandler, 13s 6d; Maud Goldman, 21s; John Cawode of Waterford, 3s; Reginald atte More, draper, 6s 8d; Henry Colbrook, skinner, 4s. 4d; William Skynner, 2s 2d; John Newent, cordwainer, 2s 6d; William Plomer, 4s; John Beauchaumpe, 7s; John Goryng, tiler, 7s; Thomas Maghfeld of Waddon, 20d; Richard Spencer, draper, 2s 5d; Edmund Bys, 7s 11d; William Waddesworthe, 4s 8d; Robert Hardekyn, 2s 10d; John Sandhurst, chaundeler, 9d; Nicholas Neuenham, chaplain, 53s 4d; Henry Whitwell, £3 6s 8d; Nicholas Bokeby, broker, 6s 8d; Henry Draper, scholemaister, 3s; Robert Taverner, 2s 6d; Martin Seman, 20d; John Shritwyth, 40s; Eva, widow of Ralph Person, 10s; to the kercheflauendre (fn. 87), 2s 6d;.to the joiner in Lumbard Strete, 12d; William Canterbury, 8s 6d; William Man, 6d; Walter Tyler, 6s 8d; Maud atte Vyne, £13 6s 8d; the church of St Mary at Hill, £4 3s 4d; the church of St Edmund in Lumbardstrete, £6 3s 4d; the church of Holy Trinity, 17s 4d; John Wakefeld, 33s 4d; Master John Cook, £4 4s; Andrew de Bardes, Lumbard, £3 6s 8d. Total, £194 16s.
Legacies. To the High Altar of St Edmund in Lombard Street, 6s 8d; to 3 chaplains celebrating in the same church, 5s; to the master-clerk of the same, 20d; to the sub-clerk, 12d; to the fabric of the same, 20s; to 2 chaplains in the same celebrating for the soul of the testator for one year, £12. Total, £13 14s 4d.
Funeral Expenses Of The Testator, His Wife And Son. On the day of death and the month's mind (fn. 88), £14 9s 1d; anniversary days of the testator, his wife and son, £10; repairs to the tenements of the testator for three quarters of a year after his death, 29s 10½d; advice of counsel for levying debts and selling the tenements to the best advantage, £7; expenses in valuation and sale of the above-mentioned goods, and in breakfasts (jantaculis) and drinks at divers times, £3; paid to William Bys, executor, for his labour, 40s; for the making of an inventory, probate of the will and acquittance of the same, 40s; for expenses of the orphan John, 2s. Total, £40 0s 11½d.
Desperate Debts. John Bramyot of Hertford, £10; John Presford of the Isle of Wight, £3 13s 4d; John Monketon, £30; William atte Wode, £13 10s; William Pokynbye, £20; Jacob Horyng, Fleming, £30; Thomas Depyng, mason, 16s 8d; William Cookford of Lynne, 24s; Reginald Coopperton and Isabel his wife, 53s 4d; Robert Cherteseye, £5; Alice Wetherisfeld, 3s 4d; Elmyn Legat, 7s; Henry Frowyk, 16s 7d; Henry Neweporte, 20s; Sir John Dymmok, 2s 6d; John Kew, 23d; John Pygelton, 4s 4d; John Lyoun, 3s 7d; John Couelee, 10s; John Looke, 33s 4d; Sir John West, 6s 2d; Nicholas Saddeler, 10s; Roger Bokyngham, 3s 4d; Reginald Skreveyn, 5s; Ralph Steynour, 3s 7d; Richard Preston, 20s; Thomas Paryssh of Shrouesbury, 6s; William Bailie of Bekynton, 29s 10d; William Wirhale, cardemakker, 2s 9d. Total, £126 6s 8d.
The defendant pleaded that he had satisfied the creditors and that altogether he had spent on the funeral expenses the sum of £40 9s 1½d (sic) and had paid the legacies amounting to £13 14s 4d, for which he desired to be acquitted. After paying the share of the said Eleanour there remained in his hands only the sum of £91 13s ¾d for the use of the children Richard and Maude, which he was prepared to pay into the Chamber.
Membr. 3 b
Thereupon the Mayor and Aldermen assigned Gilbert Maghfeld and William Brampton, aldermen, to hear the account. The latter confirmed the amounts received for the goods and chattels and the sale of tenements, i.e. £379 15s 9d, and the amounts expended or to be expended on paying the testator's debts and legacies, i.e. £208 10s 4d, but as regards the other expenses they allowed 100s for the funerals, 60s for anniversaries, 100s for counsel, 40s for food and drink, 40s for the executor's labour, 40s for proving the will and inventory and 2s expenses for the child John, who survived his father for 14 days, making a total of £19 2s, as compared with £40 0s 11½d estimated in the inventory, and making a grand total of payments £227 12s 4d, thus leaving a balance of £152 3s 5d to be divided between the orphans Richard, William, Eleanour and Maude, i.e. £38 0s 10¼d each.
And whereas the orphan William was in the charge of the executor for three years from his father's death on 22 Oct. 1390 to 13 Oct. 1393 when he died, the sum of £7 15s, at 12d a week, was deducted from his portion, leaving £30 6s 3¼ (fn. 89) to be divided among his three surviving brothers and sisters, i.e. £10 2s 1d each, thus increasing each child's share to £48 3s 4¼d.
And whereas the orphan Eleanour was in charge of the executor for 50 weeks after the death of her father, 50s was deducted from her share, leaving £45 13s 4¼d, of which 50 marks (£33 6s 8d) had been delivered to Philippot Vale her husband, leaving a balance due to her of £12 6s 8¼d.
And whereas the other two orphans Richard and Maude remained in charge of the executor for 3 years 42 weeks, from 22 Oct. 1390 to 15 Aug. 1394, at 12d a week, the sum of £9 18s was deducted from the share of each, leaving to each £38 5s 4¼d.
Afterwards, 1 Sept. 1394, Philippot Vale acknowledged receipt of £45 13s 4¼d. By consent of John Hadlee the mayor, the chamberlain paid to the prioress of the house of Kylbourne, where the Orphan Maude became a nun, the sum of £38 5s 4¼d, as appears in Letter Book H, fo. 288, and the same amount to the orphan Richard when he came of age, as appears in Letter Book H, fo. 324.
Grant from Alan Walsyngham, cordwainer, to John Corbet, squire of the duke of Gloucester, William Vaggescombe, grocer, and Richard Mildenhale, cordwainer, of all his goods and chattels. Witnesses John Pountfreyt, Godfrey Cost and John Dyk. Dated at London 24 Jan. 1394.
Bond of Salamon Oxeneye to Bartholomew de Bosano and Lodewyc de Port, Lombards, to pay the sum of 40s on condition that James de Boo, Lombard, sent certain proof before Christmas that "Sire Hans Chivaler" owed him that amount.
Membr. 4 b
The merchants of the Hanse of Almaine dwelling in London demand an Assize of Nuisance against John Slegh touching their free tenement in the parish of All Hallows in the Hay (fn. 92).
John Billyng, esquire, and Elizabeth Beauchamp brought a bill of complaint against Amye Donat for detaining a bond dated 31 July 1394 whereby they were bound in £80 to a certain Philip Vannoche of Siena, which bond they had entrusted to her in the parish of St Dunstan in the west on the same day. [French]
A day having been given to the parties on 20 May, the said Philip Vannoche also appeared and brought a bill of complaint against the same defendant for detinue of the same bond, which he alleged had been entrusted to her on 5 Aug. 1394 in the parish of St Peter Cornhull. [Latin]
The defendant pleaded that the bond had been entrusted to her by consent of the parties on condition that she should return it to the plaintiff Philip if he should deliver to the said Elizabeth within three days a set (sectam sive sortam) of pearls of the value of £10, other sets of the value of £20, £15 and £30, and one of large pearls valued at £70, a tally for £100 and a fictitious (fictam) bond for £100, wherein the said Philip claimed that Elizabeth was bound to him, a bond of 100 marks wherein Philip and Elizabeth were bound to one Guyno, a Lombard, linen and woollen cloths and a saddle of the value of £20, all of which had been entrusted to the said Philip by the said Elizabeth. If Philip failed to return the above-mentioned goods, the bond was to be given to John and Elizabeth. As she, the defendant, did not know whether these conditions had been fulfilled or not, she prayed that John and Elizabeth should show cause why she should not deliver the bond to Philip, and that the prosecuting parties should interplead, and thereupon she produced the bond in court.
Interpleader being granted by the court, John Billyng and Elizabeth Beauchamp, by their attorney Philip Rykhall, pleaded that the bond had been delivered to the said Amy under the conditions mentioned by her, and that they had not received the goods, wherefore they demanded judgment and damages against Philip Vannoche.
Philip Vannoche, by John Roo his attorney, pleaded that John and Elizabeth had delivered the bond to him and he had entrusted it to Amy for return when required without any conditions, and he offered to verify this against Amy.
After an adjournment for consultation, it was considered that John and Elizabeth should recover the bond, with damages against Philip taxed at 40s. Order was given to distrain Amy to produce the bond and that Philip be committed to prison till he paid the damages. The bond was produced and handed over to John and Elizabeth on 13 Dec. 1397.
Membr. 5 b
Thomas atte Hay, brewer, brought a bill before John Fressh, Mayor, and the Aldermen against William Rothewell, chaplain, complaining that on 24 March last the said William with force and arms entered his house in the parish of St Andrew Holborn, by night and against his will, and damaged and wasted (fn. 93) divers goods and chattels, to wit, one mattress, 2 blankets, 2 coverlets and one pair of linen sheets to the value of 60s, and carried away 10 pairs of sheets to the value of 60s, 3 rings, and two buckles of silver and gold to the value of £10, against the king's peace and to the plaintiff's damage 100 marks. [French]
The defendant was arrested by Richard Jardevill and appeared in court on 26 March, when he denied the force and injury and the destruction and taking away of goods and chattels and thereon he put himself on the country. As regards entering the house he pleaded that the plaintiff was an innkeeper and the house was a common inn and that he entered it as a lodger, and he prayed judgment as to whether the plaintiff had any action against him.
The parties went to a jury on the issue whether the house was a common inn and whether the defendant had been forbidden entry. A jury of the venue brought in a verdict that the defendant entered the house against the plaintiff's prohibition and damaged and spoilt his goods to the plaintiff's damage 25 marks (fn. 94), but as regards carrying away the goods alleged, they found the defendant not guilty. Therefore it was considered that the plaintiff recover the damages taxed by the jury and that the defendant be committed to prison till he paid the damages and also a fine to the king for his trespass, but that the plaintiff be in mercy for his false claim about the carrying away of goods.
Edmund Fraunceys and Mark Ernelee, masters of the mistery of Grocers, brought before the Mayor and Aldermen three bags of dust, made of rape (fn. 95), radish roots and old, rotten cetuall (fn. 96), unhealthy for human use, found in the house of Walter Kyng, grocer, in the parish of All Hallows in the Hay in Dowgate Ward, and exposed for sale by the said Walter's apprentice as being good powdered ginger, in deceit of the people and to the scandal of the whole mistery of Grocers. The said Walter admitted this and other offences committed by his servants and put himself on the mercy of the Mayor and Aldermen. Thereupon it was considered that he pay a fine of £200 to the Chamber, unless he received the favour of the court. Upon this the defendant offered to pay... to the Chamberlain before Michaelmas and found mainprise, namely, John Walcote and others, for payment, and he was then sworn not to commit any such deception in future.
John Hunte, supervisor of strangers bringing Thames fish to the city and having their stand in Chepe, presented William Talworth, servant of Geoffrey Hardeby, fishmonger at the Stokkes, for coming to Chepe and buying eels to regrate them for the profit of his master, against the ordinance of the city (fn. 97) and as tending to produce a scarcity of victuals for sale to the people. The Mayor and Aldermen considered that the said Geoffrey pay a fine of £40 unless meanwhile he obtained the favour of the court, and upon this he begged to be allowed to compound for 10 marks.
William Crowmere, John Olyver, .....Haddon (fn. 98) and ......., masters of the mistery of Drapers, came before the Mayor and Aldermen and presented a yard-measure found in the house of John Derlyng, draper, on Cornhill, which measure was used by him and his servants for buying and selling woollen cloth and was half-an-inch too long, to the deceit of the people and the scandal of the mistery.
On being charged, John Derlyng denied that he had bought or sold cloth with the measure or that he had ever seen it before. He was asked whether any of his servants or apprentices had used it and answered no. He prayed to be allowed to have a talk with them, which was granted, and meanwhile he was committed to prison. Next day he said that one of his servants had used it, but without his knowledge, and he put himself on the mercy of the court. Thereupon the Mayor and Aldermen, considering that this deception was harmful to the people and a scandal to the mistery, ordered that he pay a fine of £40 to the Chamber, unless etc. Upon this, the said John Derlyng agreed to pay 10 marks at Michaelmas by way of recognisance.
Thomas Spencer, galochemaker (fn. 99), informed the Mayor and Aldermen that he had recovered against John Toky, late his apprentice, the sum of £11 10s debt and damages in the court of Richard Whityngton, one of the sheriffs, for which the said John was now a prisoner in Ludgate, and that the said John was suing him and others by bills before the Mayor and Aldermen in the Chamber of the Guildhall.
The Mayor and Aldermen, considering the imprisonment and poverty of John Toky and desiring that a good agreement should be made between the parties, ordained that the said John should give a bond for the sum of £11 10s due, and serve the said Thomas at his trade for 3s 4d a week, retaining 20d for himself while the rest should go to the payment of the debt, and that all proceedings between them should be quashed.
The master agreed; but the said John was unwilling to enter into bond for the debt or to sue on his bills. Accordingly he was ordered back to Ludgate to remain there by virtue of the judgment in the Sheriffs' Court (fn. 100).
Writ of certiorari, directed to the mayor and chamberlain, demanding the tenor of a quitclaim from John Rumbold of Kelcil (fn. 101) to John Davy, citizen of London, of all claims to tenements formerly belonging to Nicholas Rumbold. Dated at Westminster 6 July 1394.
Return by the mayor and sheriffs that on 10 July 1394 John Mildenhale, prior of the hospital of St Mary without Bishopsgate, was mainprised by William Horston and William Palmere to keep the peace with Thomas Fyncham and Roger Assent.
Membr. 6 b
Memorandum that William Bys, stockfishmonger, one of the executors of Richard Toky, delivered to Stephen Speleman, chamberlain of Guildhall, the sum of £19 12s 9d owed to divers creditors, of whom Robert Hardekyn, William Caunterbury and Andrew de Bardes appeared and received payment on swearing upon the Gospels that the money was due to them. One third of the unpaid balance, viz. £5 4s 9d, was paid to Philip Vale, husband of Eleanour, one of the orphans, under mainprise of Nicholas Walsyngham, mercer, and John Knesworth, goldsmith, to pay a proportionate share, if any of the creditors still unpaid proved their claims against William Bys, the executor.
Afterwards John Wydecombe, draper, and Agnes his wife, widow of Walter Toky, son of Walter Toky of Corse (fn. 102), senior, burgess of Gloucester, together with John Wyghale, coexecutor of Walter Toky, recovered against William Bys the sum of 7 marks. Thereupon the chamberlain of Guildhall paid his portion, viz. 62s 2½d, and the mainpernors of Philip Vale paid their portion, viz. 31s 1½d.
John Barton, clerk, administrator of the goods of Nicholas Newenham, recovered the sum of.53s 4d, due to the said Nicholas, of which the chamberlain paid two parts and the above mainpernors paid the third part.
Membr. 7 b
Stephen Speleman, chamberlain, paid to Richard Toky, son of Richard Toky, deceased, the sum of 56s 6¾d under mainprise of Thomas Duffhouse, fishmonger, and John Moore, brewer, that he would pay his third part of the debts owed by his late father if they were claimed by the creditors Robert Crosse and Master John Cook.
Membr. 6 b
Bond of John Seint Germyn, grocer, to pay James de Monald and his partners of the society of the Albertini the sum of £4 10s in case they were forced to pay the like sum to the heirs or executors of Philip Ley, chaplain, for an exchange made for him.
Thomas Spencer brought a bill before the Mayor, John Fressh, and the Aldermen against Richard Qwytyngton, late sheriff, complaining that whereas he recovered against John Toky in the Sheriffs' Court a debt of £11 10s and 3s 4d damages, for which the said John was committed to Ludgate, the sheriff allowed the prisoner to go at large on Whit Sunday last, whereby action accrued to the plaintiff to demand the debt and damages from the sheriff. [French]
The defendant, Richard Whytyngton, appeared by John Bottesham his attorney and pleaded that on 21 May the plaintiff granted that John Toky should be delivered from prison and that neither the sheriff nor John Bottesham, who was then keeper of Ludgate, should be called into question for his liberation.
The plaintiff in answer pleaded an ordinance of the city that where a defendant in a personal action pleaded a peremptory plea, he could, on the demand of the plaintiff, be called upon to take a peremptory oath to tell the truth about his plea, and if he did not take such oath, he should be condemned, wherefore he demanded that the said Richard Whytyngton and John Bottesham, as the keeper of his prison, should be sworn and examined peremptorily. The court allowed the demand and gave a day on 8 Feb. 1395. On that day the defendants failed to appear. On the next court day it was considered, after deliberation and advice, that the plaintiff recover against Richard Whytyngton the sum of £11 13s 4d and damages taxed at 6s 8d, and that the said Richard be in mercy.
Proceedings by John Devenissh, assignee of Nicholas Benyngton, against Geoffrey Grigge for refusing to quit the "Bolle othe Hoppe" and other premises. He alleged the record of a plea by Nicholas Benyngton, who recovered 13s 4d for rent due, in which it was stated that the defendant held the premises for three years and afterwards year by year. A day was given that the court might be advised, but afterwards the plaintiff made default.
Salamon Salmon, mercer, brought a bill of complaint against Robert Dane, mercer, as executor of the will of John Bussheye, mercer, for non-payment of £47 10s 2d due on a recognisance of 31 March 1394 from the testator to the plaintiff. [French]
After three defaults the defendant appeared and pleaded that he was neither executor nor administrator of the testator's goods and chattels, but that the testator, being indebted to him in the sum of £246 due on a statute staple, had granted to him all his goods and chattels by a deed of 1 Dec. 1391 in part payment of his debt, and on 24 March 1394 had given and delivered to him all the goods which he had in his shop, together with his apprentice, and had given orders to his servants, Robert Fyncheden and John Grace, to levy his debts and pay them to the defendant and to hand over to him the bonds in part payment of the aforesaid £246, in virtue of which grants he obtained possession of divers goods of the deceased to the value of £80, as follows:
86½ ells of West' estr' (fn. 103) at 2d the ell; 8 ells of canvas at 3d the ell; one coverlet, 3s; another coverlet of reys (fn. 104), 8d; 4 pieces of worsteyde at 13s 4d the piece; 13 dozen 2 pieces of paris (fn. 105) at 17s the dozen; 23 chesiblez (fn. 106) at 8s each; 6 dozen 11 lbs. of fil de coll (fn. 107) at 8s the dozen; 3 hattis of bever, 2s; 4 lbs. 3 oz. of bedys of aumbre at 5s the lb.; 12 dozen bone beads at 18d the dozen; 12 whips, 6s; 3 lbs. 2 oz. yvori combes at 6s the lb.; 7 pieces of bokeram at 4s the piece; 18 silk banners at 18d each; 9 pieces kerchers of Cortrik (fn. 108) at 12d the piece; 2 pieces 2 yds. of sarsenet at 16s the piece; 75 silk garters, 6s 3d; 10 plizt Crymyll (fn. 109) of silk at 10s each; one piece Cambr' kerchers (fn. 110), 3s 4d; 6 volettez (fn. 111) of Cambr', 3s 6d; one piece of red relisaunce of 3 purl (fn. 112), 2s; 7 pieces relisaunce of purl at 2s the piece; 18 pieces crymyll of thread at 3s the piece; 2 pieces towel of Henaude (fn. 113) containing 380 ells at 6d the ell; 2 pieces towel of Custaunce (fn. 114) containing 60 ells at 4d the ell; 2 dozens 11 pieces twaill at 8d the piece; 30½ pieces of borde (fn. 115) of iiii k, at 16d the piece; 2 orfrez, 16d; 5 dozen 10 ells of silver at 2s 6d the dozen; 4 pieces of fustian at 12s the piece; 11 laton rings, 11d; 5 dozen 10 rings of her (fn. 116), 6d; 1 roll of bultel of reynez (fn. 117) at 2s 4d the piece; 2 pieces of bokeram ynde (fn. 118) at 3s the piece; 3¼ yds. of the same at 8d the yd.; 3 pieces of borde and 3 pieces of twaill of denaunt (fn. 119) containing 54 yds. at 8d the yd.; 4 pieces of spynall (fn. 120) containing 210 ells at 2d the ell; 2 remnants of borde alisaundre (fn. 121), 8s; 3 ells of west' lib' (fn. 122) at 4d the ell; 8½ pieces of bokeram esteyned (fn. 123) at 2s the piece; 3 pieces of bokeram esteyned for an altar at 10d the piece; one coverlet and one testre (fn. 124), 14s; 84 yds. of bultel of Melane (fn. 125) at 2d the yd.; one piece of bultel large (fn. 126), 10s; 3 ells of silver, 12d; 5 gross of gold and silver (fn. 127) at 8d the gross; 7 gross of laton rings at 3d the gross; 14 silk lacez, 12d; one half piece of green sendel (fn. 128), 3s; 4 pieces of dornek (fn. 129) at 15s 4d the piece; 3½ lbs. of frengez (fn. 130) at 12d the lb.; 5½ lbs. of fill (fn. 131) at 8d the lb.; 4 beds of worsteyd at 8s each; 4 pairs of curteyns, 8s 6d; one bultell of worsteyd, 4s 10d; half a sele (fn. 132) of worsteyd, 2s; one red tester, 3s; 55 yds. of red worsteyd at 2d the yd.; 24 reys (fn. 133) at 2d the reye; 3 beris (fn. 134), 3s; one net, 12d; 2 dozens of red cloth, 40s.
Membr. 8 b
In addition to the above goods, the testator's servants had levied divers debts owed to him by William Wychelse and others and had delivered these amounts to the defendant in part payment of the debt owed to him. The defendant prayed judgment as to whether the plaintiff had any action against him.
The plaintiff answered that long after 1 Dec. 1391 he delivered to the testator divers goods for which the testator entered into a bond for £47 10s 2d, and that these and other goods belonged to the testator at the time of his death, and that two days before his death he asked the defendant to administer all his goods and chattels, to pay the plaintiff and other creditors, and from the residue to recoup himself for his own claims, and then to pay the balance to the testator's wife. He offered to verify his plea that the defendant administered the goods as executor of the will.
The defendant repeated that the only administration carried out by him was hi virtue of the deed of 1391 and the assignation of effects of 31 March 1394, and that he did not administer any other goods or debts which might have belonged to the testator at his death.
On this issue a jury of the parish of St Lawrence Jewry said on oath that the defendant did not administer any goods belonging to the testator at the time of his death as executor, but that he received the above goods in the testator's lifetime in part satisfaction of the debt owed to him, and that he received the debts above-mentioned after the testator's death on the ground of the, agreement to assign them to him. As regards £20 owed by a certain John. Reynold to the testator, the defendant had exchanged this for a new bond payable to himself. They assessed the damages at 40s, if the court gave judgment for the plaintiff for £47 10s 2d, and at 20s, if the court gaye judgment for £20 only. The court reserved judgment [breaks off].