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 36
Letter of attorney, dated at Burton-on-Trent, from William Prudhomme of the same to John Snypston, citizen of London, and John Bullok to receive from the society of the Ancient Albertines of Florence the sum of 312½ nobles 2s 8d of English money, due on a bond from the society to Thomas Wyght and John Dalston, for the collection of which William Prudhomme had a letter of attorney from the said Thomas and John.
Writ corpus cum causa, dated at Westminster 24 Jan. 1397, demanding that Margery Borham, brouderer, then a prisoner in Newgate, be brought before the king in Chancery on Thursday following with the cause of her taking.
Return by Adam Bamme, mayor, that information having been given that the said Margery, before she was made a citizen of the city, had retained a certain woman to dwell with her for a term of years in the manner of an apprentice by indentures, contrary to the liberties and laudable customs of the city hitherto used and approved, he had caused her to appear before him to show her part of the indentures, in order that he might do justice in the matter, but that she had refused with contumely to do so or to obey him, for which reason he had ordered her to be confined in prison; nevertheless she would be brought before the king promptly in obedience to the writ.
Membr. 1 b
Writ of protection in favour of Peter Cornelha, alias Cornolha, alias Cornewaill, of London, merchant, who was then on the king's service in the company of Sir John Stanley, captain of the castle of Rokesburgh in Scotland.
Writ of certiorari, demanding the cause of the committal to prison of Gerard, son of Benedict de Albertis, knight, Philip Thomas de Albertis and John Andrewe, to be certified in Chancery on the Tuesday following.
Return by Adam Bamme, mayor, that Gerard, son of Benedict, under the name of "Gerard of Sir Benedict de Albertis, knight," Philip Thomas and John Andrewe, foreigners, were committed to prison by virtue of a bill of detinue of goods and chattels which had been brought against them by Stephen Speleman, chamberlain of the city, and Walter Marwe, as executors of the will of Margaret, widow of James Dyne, late citizen, to compel them to render to the said executors one half of the goods and chattels of the said James, to the value of £1600, which belonged to the said Margaret by the law and custom of the city.
Action by Robert Curson and Sara his wife against Stephen Speleman, chamberlain, for detinue of a box of deeds. The chamberlain pleaded that the box was entrusted to him by William More, mayor, in obedience to certain letters under the king's signet, until it should be decided whether the box belonged to the above Robert and Sara or to William Bedyngton, who claimed them by right of his wife, Alice, sister of the said Sara and daughter of William Willesdon. After interpleader, judgment was given for William Bedyngton. [French and Latin]
John Edmond of London, as factor of William Wykenden, executor of William Leche of Lynn, merchant, acknowledged receipt from Gerard, [son] of Sir Benedict de Albertis of Florence, factor of the society of the Albertines in England, of the true value of 100 ducats due on an exchange between William Leche and the society, to wit, 38d for every ducat, amounting to £15 16s 8d in all. As the said John had lost the letter of exchange and had no hope of finding it in the future, he acknowledged himself bound to exonerate the said Gerard and the society against any claims of William Wykendan or others arising from the exchange.
Bond of William, Burdeux herald of arms (fn. 1), John Coveham, draper, John Boteer, saddler, Robert Larden, carpenter, and John Serle, brewer, to William Byker, the king's artilleryman (fn. 2) at the Tower, to pay the latter £60 at the feast of the Purifica tion next following in the church of Holy Trinity within Aldgate. Dated at London 10 Feb. 1397.
Membr. 3 b
Writ of corpus cum causa to the Mayor and Aldermen to bring John Walpole (fn. 3), tailor, then detained in prison, before the king in his council in Chancery, together with the cause of his taking and detaining, in order that the king might give order for his delivery according to right and the law and custom of the realm. Dated at Westminster 12 Feb. 1397.
Bond of John Grene, cordwainer, to Stephen Speleman, chamberlain, in £20, to keep the peace, to be of good behaviour towards the mayor, aldermen and officers of the city, and to obey the lawful and reasonable ordinances of the mistery of Cordwainers. The same day the masters of the mistery released the said John of all previous offences against the mistery.
The Mayor and Aldermen being given to understand that a plea of trespass pending in the court of Thomas Wilford, sheriff, between John Neel, gardener, and John Sewale, carter, was being unduly disturbed both in court and outside by immoderate maintenance as well by citizens as by foreigners, and desiring to do full and speedy justice to both parties in accordance with the custom of the city, ordered the sheriff to bring the aforesaid plea with all matters concerning it before the Mayor and Aldermen in the Chamber of the Guildhall on 1 Feb. 1397 and to warn the parties to be there to do and receive what justice should require according to the custom of the city, which sheriff the same day brought the aforesaid plea with all matters concerning it in these words:
Wednesday 10 Jan. 1397 John Neel, gardener, levied a certain plaint of trespass in the compter of Thomas Wilford, one of the sheriffs, in these words: John Sewale, carter, is attached versus John Neel, gardener, in a plea of trespass. Pledges of prosecution, John Stokesle, skinner, and Roger Ward.
John Sewale, carter, was attached to answer John Neel, gardener, in a plea of trespass that on Monday before Christmas in the parish of St Botolph without Aldersgate in the suburb of London he assaulted the plaintiff with force and arms and beat, wounded and ill-treated him against the peace and to his damage £100, and therein he produced suit. The defendant pleaded not guilty within the liberty of the city and put himself on the country. And the said John Neel likewise.
And upon this the Mayor and Aldermen gave precept to summon a jury for 16 Feb. when the parties appeared and the jury said on oath that the defendant was guilty within the liberty of the city to the plaintiff's damage 40 marks. Accordingly it was considered that the plaintiff recover the said 40 marks and that the defendant be committed to prison until he pay a fine to the king and the said damages.
Membr. 4 b
Bond of Gerard, son of Sir Benedict de Albertis, one of the executors of James Dyne, citizen of London, and Bartholomew de Bosano to Stephen Speleman, mercer, and Walter Merwe, executors of Margery, daughter of the said James Dyne, to pay to Lodewic, son of the late Nicholas Dyne, when he came of age, the sum of £12 devised to him by the said Margery, which sum the said Stephen and Walter had paid out to the said Gerard and Bartholomew for the use of the said Lodewic.
Writ of error to the mayor and sheriffs of London with regard to a plea of trespass brought by Thomas atte Hay, brewer, against William Rothewell, chaplain, before John Fressh, late Mayor, and the Aldermen, whereof the said William had complained that there was manifest error in the record and process. The king, having assigned William Thirnyng, John Cassy, Hugh Huls, John Markham and John Woderove, his justices, to examine the record and process and correct the errors therein, if any, by the law and custom of the realm and of the city, in the presence of the mayor and aldermen, if they wished to be present, at the church of St Martin le Grand—commands the sheriffs to warn the said Thomas atte Hay to be present, and further to deliver the said William Rothewell from prison, since he had been mainprised in Chancery by John Rothewell of Cirencester, Nicholas Halle of Cirencester, Reginald Grace, tailor, of the parish of St Andrew without the Bar of the Old Temple, and Thomas Alcestre of the parish of St Clement Danes without the Bar of the New Temple for the payment of the fine, or for his return to prison, if the judgment were affirmed. Dated at Westminster 22 May 1397.
Return of the Mayor and Aldermen that it was the custom of the city time out of mind that no mayor or aldermen ought to send or return the record and process of such plea, wherefore they could not do so at present, but there was a custom that the mayor and aldermen, after an interval of forty days at least for consultation, allowed to them by the justices after their first coming, ought to render the record and process by the recorder of the city by word of mouth, which they were prepared to do.
Membr. 5 b
Writ of error to the Mayor and Aldermen demanding that the record and process of a plea of debt between Salamon Salman, mercer, and Robert Dane, mercer, be produced before John Cassy, Hugh Huls, John Markham and John Woderove, the king's justices, at the church of St Martin le Grand, and further ordering the Mayor and Aldermen, if the said Robert Dane found sufficient security to pay the debt if it were affirmed, to deliver him or his mainpernors from prison. Dated at Westminster 6 April 1397.
Record and process of the action above-mentioned: Salamon Salman, mercer, sued Robert Dane, mercer, by bill, for £40, that sum having been awarded to the plaintiff on the arbitration of Richard Norbury, Thomas Aleyn, William Sonyngwell and Thomas Prudance, who laid down that it should be paid by half-yearly instalments of 5 marks, but that the whole amount should become due if a half-yearly payment were in arrears. The defendant denied that there was any such condition as to payment or that they submitted themselves unconditionally to the arbitration, and said that the parties agreed that if either of them refused to accept the award, he should be bound to the masters and mistery of Mercers in £20, and since he had refused the award, he was liable only for that amount. A jury was summoned which found that the parties had submitted themselves to the arbitration in high and low. Judgment for the plaintiff with 40s damages.
Membr. 6 b
Richard Northbury and John More, mercers, in whose hands had been entrusted reciprocal bonds for £100 by Edmund Fraunceys, grocer, and Thomas Lydyard, were sued by the former for detaining the bonds. They pleaded that the bonds were handed to them to be given up under certain conditions, and since they did not know whether the conditions had been fulfilled; they asked that Thomas Lydyard be summoned.
The said Thomas appeared and pleaded that a dispute between himself and the plaintiff about a house in Oxford had been submitted to the arbitration of John More, John Sutton, grocer, Richard Northbury and Thomas Prudance, mercers, who awarded that Edmund Fraunceys should enfeoff him with the house within six days and levy a fine in the king's court in order to debar any claim of Edmund's wife Agnes on the ground of dower, for which he was to pay Edmund a rent of £10 for life, and thereupon they had deposited bonds for £100 to be delivered to one party if the other failed to fulfil the award. The said Edmund, he pleaded, had not made the feoffment.
The plaintiff denied that there was any condition of making a feoffment, and as regards the fine, he said that he and his wife had fulfilled the award, but that the said Thomas had not given him security for paying the rent.
The court adjourned the case till 13 July to consult as to their judgment, on which day the said Thomas made default. Accordingly judgment was given for delivery of the bonds to the plaintiff with damages 20s.
Margery, widow of Richard Godard, and Thomas Sybseye, tailor, brought a bill wherein they complained that John Godard, goldsmith, had expelled them from two messuages with a quay adjacent in the parish of St Bennet of Baynardescastell next to Paul's Wharf. These premises had been leased to Richard Godard on 29 March 1378 by John de Lyndeseye, prior, and the convent of the hospital of St Mary without Bishopsgate for 60 years, which lease was assigned by him on 12 May 1387 to John Neuport and Andrew Neuport his brother, then serjeant-at-arms of the king, and John Yonge, mariner, the two last-named re-assigning it on 20 Oct. 1396 to the plaintiffs, who enjoyed possession until 6 Jan. 1397, when, as they alleged, the defendant expelled them.
The defendant pleaded that Richard Godard had sublet one portion of the premises in the fifth year of the present king (1381-2) to Reginald Thorneye, woodmonger, and Margaret his wife, for fifty years at an annual rent of 33s 4d, and the remaining portion in the eighth year (1384-5) to John Seman for 50 years at an annual rent of 8 marks 6s 4d, and that neither of them attorned to John Neuport, Andrew Neuport and John Yonge, and that finally on 6 Oct. 1397 the said Richard granted these annual rents to him, the defendant, to whom the tenants attorned, and that on the day of the supposed expulsion he entered the tenements to take a distress for his rents as he was entitled to do, but that he did not expel the plaintiffs.
The parties went to a jury on the issue of the expulsion, and the jury brought in a verdict that the defendant expelled the plaintiffs, and taxed damages at 10 marks. Judgment was given that the plaintiffs recover their damages.
Note of payments made by William Oxford, who had married Alice, widow of William Potenham, girdler, and by Peter atte Hethe, co-executor with the said Alice, on behalf of the orphans of the said William Potenham (fn. 4).