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 40
Writ of certiorari to the mayor demanding that a return be made to Chancery of a confession made by John Luter, leche (fn. 1), Fleming, at the suit of John Clotes of Bemelond, with regard to certain jewels delivered to him under certain conditions by the said John Clotes. Dated at Westminster 15 Nov. 1408.
Return of Drew Barentyn, mayor, as follows: On 5 Nov. last, John Clotes and John Luter, leche, appeared before himself and the recorder. John Clotes complained that on 26 Sept. he had delivered to the defendant fifteen stones called "serpentyns (fn. 2)," of the value of 9 marks, a table (fn. 3) of gold of the value of 60s and a sword of the value of 6s 8d, which the defendant was to retain if he cured him of a disease called "lepre," but he had not cured him, to his damage £20. To this the defendant answered that it was true that John Clotes had come to him, but he had asked him to cure him of a disease in the face called "salsefleume (fn. 4) " He agreed to cure him so long as he was not leprous, and the plaintiff assured him that he was not leprous. Then the mayor asked the defendant whether the plaintiff was leprous or not at the time the goods were handed over. The defendant said he knew well that the plaintiff was leprous and told him so, though the plaintiff was willing to swear that he was not. Then the mayor told the defendant that he had taken the plaintiff's goods fraudulently, deceptively and injuriously. And afterwards the defendant said that though he had not cured the plaintiff of leprosy, he had taught him how to make balsam and other medicaments, and so he thought he might justly keep the goods.
Membr. 1 b
John Monk, carpenter, came before the Mayor and Aldermen and informed them that on 13 Sept. a certain Richard Byrlyngham, a monk of Westminster, had pledged in his name to John Fawne of London two silvergilt basins of the value of £10 and more for the sum of £6 repayable at the feast of All Hallows, and although he, John Monk, had offered the money to John Fawne a few days after the said feast, he refused to accept it or return the basins.
John Fawne, on being summoned and examined, admitted lending £6 to the monk on the basins, and said that since the money was not paid on the said feast, the basins became his own by the terms of the agreement, in witness of which agreement he had paid the monk one penny. No payment having been made, he sold them for £8 5s to a certain Walter Marwe, keeper of the Exchange, who sold them to a certain William Bysmar. The latter admitted buying them for £8 10s.
And because the said John Fawne [made no] plaint nor caused the basins to be valued, as he ought to have done by the custom of the city (fn. 5), and because a pledging of this kind with a penny was of no value, according to the custom of the city and sound conscience, even though the day of payment had passed, the Mayor and Aldermen asked the said William Bysmar for what he would sell the basins. He answered, not willingly for less than double their weight. Thereupon, since he had bought the basins properly and without fraud, they induced him to agree to accept 20s above what he had paid for them, and then, after all the circumstances had been weighed, it was considered that John Monk pay £6 and one penny to John Fawne, and that the latter pay William Bysmar the 45s which he had himself received in profit from Walter Marwe, the 5s which the said Walter received in profit when he sold the basins to William, and in addition 20s to William in place of his profit. This was done and the basins were handed back to John Monk.
Bonds of William Crowmere, draper, and William Parys of Ludlow to William Staundon, William Symmes and William Pycard to settle lands and tenements of the value of 400 marks and to pay divers sums of money to William Hyde, son and heir of William Hyde, grocer, deceased, and Elizabeth his wife, daughter of William Parys, with remainder to their children, and failing children, to the heirs of the said William Hyde.
Writ of certiorari, returnable in Chancery, as to whether Ralph de Mpnthermer (de monte Hermerii) (fn. 6), in his will enrolled in the Chamber of the Guildhall on 15 July 1325, had devised a tenement in the parish of St Dunstan to his wife Isabella de Hastynges for life with remainder to his sons Edward and Thomas in successive tail. Dated at Westminster 18 May 1409.
John Sawtre, prior of the house and church of St Laurence of Blakemore (fn. 7) co. Essex, brings a plaint of intrusion against John Tannere, chaplain, touching his free tenement in the parish of St Mary Vanchirche (fn. 8), London.
Membr. 2 b
Bond of John Kelsey, William Bonauntre, Ralph Spayne, Thomas Wade, Robert Hebbe and William Bullok, tapicers, and John Port and Philip Tayllour, parishioners of St Denis Bakchirche, for their good behaviour towards the mistery of Cordwainers, and that none of them would in future collect. money for a football (pro pila pedali) (fn. 9) or money called "cok sylver" for a cock, hen, capon, pullet or other bird or for any other use, and that they would not thrash (trituret Anglice thresshe) any hen or capon or any other bird in the streets and lanes of the city, under penalty of £20.
Thomas Lakenham, master of the hospital of St Bartholomew in Westsmethfeld, demands an assize of nuisance against John Watteford, prior of the house of St Bartholomew, touching his free tenement in the parish of St Sepulchre without Newgate.
Membr. 3 b
Memorandum that, in the presence of Drew Barentyn, Mayor, and the Aldermen in the Chamber of the Guildhall, Robert Colney, draper, was examined on oath as to the number of statutes staple of Westminster (fn. 10) in which Richard Wiltshire of Heydon co. Essex, son of (John) Wiltshire, grocer, deceased, was bound to him. He answered four, of which one was executed in Chancery and the other three remained unexecuted, and that the latter were pledged for £10 to a certain William Hanyngfeld of co. Essex. When the mayor charged him on his oath to have the statutes produced in court without delay, he answered that it was impossible, as Hanyngfeld was then in Essex. However, evidence was given by credible persons that Hanyngfeld was in the city of London.
Richard Jardeville, one of the mayor's serjeants, was ordered to bring before the Mayor and Aldermen the plaint levied in the Sheriffs' Court between John Alleslee, draper, plaintiff, and Nicholas Walssh, draper, defendant, for a debt of £5 8s 9d.
In his count the plaintiff alleged that this money remained unpaid on an account made between them relating to certain woollen cloths. The defendant admitted a debt of 48s 10d, which he was ready to pay, but denied that he owed the balance of 59s 11d and offered to defend it by his law as a freeman of the city, according to the custom of the city. The plaintiff pleaded that he ought not to be admitted to his law, because it was immemorial custom in the city that if any person acknowledged himself to be debtor to another person in any sum before any alderman (fn. 11), and the creditor afterwards sued him for the amount, the debtor ought not to be admitted to his law, and the defendant had acknowledged that he was debtor of 59s 11d in the presence of William Crowmere, then and now alderman, which he was ready to verify.
The defendant denied that he had acknowledged owing 59s 11d and put himself on the record of William Crowmere, praying the court that the said William might be examined. The plaintiff did likewise. Thereupon William Crowmere said that the defendant made no such acknowledgment. Accordingly it was considered that as regards the sum of 59s 11d the plaintiff take nothing by his plaint, and that he recover the sum of 48s 10d, but without damages, because the defendant was ready to pay that amount.
Membr. 4 b
Robert Steven, son of Laurence Steven of Great Jernmuth (fn. 12), was exonerated from his apprenticeship to William Butte, mercer, who was then in the Fleet prison and had ceased to instruct and provide for him. The master was summoned at his former dwelling-place and made four defaults. The apprentice was then committed by the court to Richard Whityngton, mercer, to serve the remainder of his term.
Writ of error demanding that the record and process of a plaint of trespass, levied in the court of Henry Pountfreit, sheriff, between John Burdon, charietmaker, and Richard Charlton, pavyer, and removed into the court of the Chamber of the Guildhall before the mayor, be brought before John Cokayn, William Haukeford, Robert Huls and Roger Horton, the king's justices assigned to examine the record and process and to correct the errors therein, if any, at the church of St Martin le Grand. Dated at Westminster 22 Dec. 1408.
Return of Drew Barentyn, mayor, and Thomas Duke and William Norton, sheriffs, claiming the city custom of a respite of 40 days and the right of producing the record and process oretenus by the recorder.
Francis Marini, merchant of Florence, in the name of the society of Francis, son of Sir Simon de Tornabonis (fn. 13), merchants of Florence, came into the Chamber and prayed that two writs of attorney, and two instruments and three open letters of the Priors of Florence, sealed with their seals, might be enrolled in the memoranda rolls of the city. The Mayor and Aldermen ordered the documents to be entered as follows:
Writ of attorney testifying that Dominicus Cachynne of Florence, merchant, who by the king's licence was about to cross the seas, had appointed as his attorneys Peter Cambyn of Florence, merchant, and Francis Maryn of Florence, merchant. Dated at Westminster 4 March 1408.
On 27 June 1409, according to the second indiction after the custom of the Florentines, it was certified in the Chancery of the lords Priors of the Arts and the Standardbearer of Justice of the people and commune of Florence in the Residency Palace, in the presence of Jandonato Cecchi de Jandonatis, Gregorio Pieri Corbizini Fracassini, Ser Paulo Volte, notary, and other citizens of Florence, that Dominicus Cachynne, merchant of Florence, who during his stay in England had on 4 March 1407(8) appointed Peter Cambini and Francis Marini his attorneys in the king's Chancery, whereof he declared that there was an authentic record in the said Chancery, now appeared and revoked the above appointment of attorneys and declared himself not responsible for any future business carried out by the said Peter and Francis, and further requested Firenze, son of Pero Teci (fn. 14) of Florence, judge-ordinary and public notary, to write a public instrument concerning the said revocation, in accordance with which the said Firenze had written the present document and sealed it with his seal.
Certificate of the Priors of the Arts and the Standardbearer of Justice that Firence Pieri Teci, who wrote the above instrument, was a public and authentic notary and that his documents were worthy of credit in public and private, within courts of justice and without.
Writ of attorney testifying that Peter Cambini, merchant of Florence, who by the king's licence was about to cross the seas, had appointed as his attorneys Francis Marini and Gerard Daniz, merchants of Florence. Dated at Westminster 18 Oct. 1408.
Membr. 6 b
On 27 June 1409 it was certified in the Chancery of the Priors of the Arts and the Standardbearer of Justice of the people and commune of Florence that Peter Cambini, who had appointed Francis Marini and Gerard Daniz his attorneys on 18 Oct. 1407 (fn. 15), now appeared and revoked the appointment and requested Firenze, son of Piero Teci, to write an instrument to that effect.
Certificate of the same that Dominicus Chaccyni and Peter Cambini, who had been accustomed to carry on business in England from the kalends of June 1408 according to the first indiction after the custom of the Florentines, had not been since that date and were not now partners of Francis, son of Sir Simon de Cornabuonis (sic), citizen and merchant of Florence, and that from the same date there was no partnership (societas) between them, such partnership as previously existed having been terminated on that date. Dated at Florence 28 June 1409.
Precept was given by the mayor to Richard Jardeville to bring before the Mayor and Aldermen a plaint pending in the Sheriffs' Court between Richard Crowlond, plaintiff, and Thomas Lamport, goldsmith, defendant.
The plaint set forth a claim of £36 16s 4d, which the plaintiff in his count declared to be due on an account made between the parties in the parish of St Mary Colchirche on 22 Feb. 1407 before Robert Upgate and John Cloos, the plaintiff's auditors, for arrears of a rent-charge (pro censu domus). To this the defendant had pleaded that on 6 March 1407, by mediation of John St Jermayn, renter, it was agreed between the parties that he should be exonerated from the arrears, and on this pleading he put himself on the country.
Afterwards, on 15 July 1409, the defendant appeared before the Mayor and Aldermen and, being examined on his oath according to the custom of the city upon the matter contained in the plaintiff's bill, said that he was in Calais at the time of the supposed account, and that neither Robert Upgate and John Cloos nor any others were appointed auditors by the plaintiff. The plaintiff was also examined and admitted that his claims were not stated in the account. Accordingly it was considered that he take nothing by his plaint.
Writ to the mayor to proceed without delay in an assize of freshforce (fn. 16) without writ which he had summoned before himself in the Chamber of the Guildhall, the assize having previously been before Thomas Duke and William Norton, sheriffs, in the king's court of the city, between John Bodelee and Elizabeth, widow of Thomas Welford, concerning three parts of a messuage in the parish of St Mary Somerset, which assize was being grievously delayed. Dated at Westminster 26 June 1409.
Membr. 7 b
William Crane, haberdasher, formerly servant in the art of Haberdashery to John Frenssh, goldsmith, came before the Mayor and Aldermen in the Chamber of the Guildhall and was examined on his oath on certain matters relating to an action of debt of £42 12s brought by William Yrby and John Corner, merchants, against the said John Frenssh and his wife Katherine, trading sole as a merchant, which action after being levied in the Sheriffs' Court was then pending before the Mayor and Aldermen. In answer to questions by the recorder he said that the goods mentioned in the action had not been bought by him for the use of John and Katherine, but for his own use, that those goods never came to the use of John and Katherine, that the latter knew nothing about the purchase, and that he had converted to his own use the goods and the money received for the same goods and had used them to pay his own debts.
Writ to the mayor that whereas William Tiryngton, clerk, had surrendered at the Fleet prison after being put in exigent in the Husting and outlawed in an action before the justices at Westminster at the suit of Laurence Markeys, fusycyan, for having broken into the latter's house and carried away goods to the value of £40, with force and arms and against the peace, and whereas the king had pardoned the outlawry on condition that he submitted to justice, and whereas precept had been given to the sheriffs to summon the prosecutor and the said William had been mainprised for his appearance, certain malevolent persons had caused him to be arrested and detained in prison, as the king was informed, wherefore the mayor was commanded to bring him before the justices on 23 Oct. that he might keep his day and save his mainpernors harmless. Witness W. Thirnyng, 22 Oct. 1409.
Return of Drew Barantyn, mayor, that before the arrival of the writ the said William Tiryngton had been taken and detained in the king's prison at the suit of Laurence Markeys on a bill of trespass, which was pending in the king's court before the mayor; nevertheless the mayor would bring him as required.
Memorandum that on Saturday in Ramispalmarum (fn. 17) 1409 Salamon Oxney, John Palyng, Robert Halle and William Adys, then wardens of the art of the Goldsmiths, came before the Mayor, Aldermen and Sheriffs (fn. 18), and after reciting letters patent granted by assent of parliament, following on a petition made to King Edward III and his council in parliament in the first year of his reign, whereby it was granted that the Goldsmiths might choose from themselves good, lawful and sufficient men to inquire as to false work, to correct. defects in the mistery and to set punishments upon offenders with the help of the mayor and sheriffs, and also letters patent of the sixteenth year of King Richard II, whereby it was granted that the Goldsmiths should be one perpetual commonalty, and that yearly they might choose four wardens to govern the mistery, and further letters patent of the present king given with the assent of the lords spiritual and temporal in his parliament in the fifth year of his reign, whereby he confirmed the grants of King Edward III, even though it might be that the concessions thus made had not been used, and granted that the Goldsmiths should have the scrutiny, survey, assay and government of all kinds of gold and silver work within the city and suburbs and in common fairs throughout the realm and might punish defects found there in—the said wardens informed the Mayor, Aldermen and Sheriffs that divers persons of divers misteries of the city were working in gold and silver in shops and in private chambers in an evil and undue manner, in contempt of the king, to the intolerable damage of the whole people and to the shame and scandal of the art aforesaid, wherefore in accordance with the charters they prayed the mayor and sheriffs to assign two of their serjeants to accompany the wardens on their scrutiny and survey and to preserve the king's peace.
Thereupon the mayor and sheriffs assigned William Est, the mayor's serjeant, and Henry Roberd, the sheriffs' serjeant, and ordered them to arrest and lead to prison all those they should find by testimony of the wardens to be rebellious, contrariant or resisting in that part, and to report to the mayor and sheriffs what they had done and found. And the same day the serjeants and wardens entered the shop of a certain William Multon, cutler, in Fletestrete, and the wardens found there certain articles of silver, to wit, one buckle and one pendant, newly-worked, which they took for assay. And upon this William Multon with his servants left the shop and with force and arms and in contempt of the king rebelliously compelled the wardens to lay down the said articles, whereupon the serjeants by command of the wardens arrested William Multon and brought him before the Mayor, Aldermen and Sheriffs in the Guildhall, who after due consideration committed him to prison until etc.
Afterwards on 9 March the said William Multon, on the request of the good men of the art of Cutlers, was handed over under bail to Richard Pulle, cutler, to bring him before the Mayor and Aldermen where and when etc. Later, on Thursday 24 Oct. 1409, Richard Pulle was ordered to bring the said William on the Monday following to answer, and he, being charged and examined on oath, could not deny the record, nor the evidence of the wardens and the report of the serjeants that he had forced them to put back the silver articles. Accordingly it was considered that he be committed to prison to remain there until the Mayor and Aldermen should be better advised.
Precept was given to bring before the Mayor and Aldermen a plaint pending in the Sheriffs' Court between Simon Copshep, draper, plaintiff, and Nicholas Plurio, galeyman, defendant, in a plea of debt of £90, in obedience to which the plaint was brought into court, together with a record of the proceedings, wherein it was contained that as the defendant was not free of the city nor to be found within it, order had been given to William Traynell, sheriffs' serjeant, to attach him by cloths of divers colours in the custody of John Dys, and that after the attachment the defendant had made three defaults at Foreign Courts before the sheriffs.
Afterwards on 12 Oct. the plaintiff made his declaration before the Mayor and Aldermen, in which he claimed £90 for woollen cloth sold to the defendant. The defendant made default on 16 Oct. Therefore it was considered that the plaintiff recover his debt and that the goods belonging to the defendant be appraised by good and lawful men of the city and delivered to the plaintiff. On 16 Oct. a valuation was made by John Claveryng, Thomas Symond, John Goldehauke and John Cake, drapers, and John Dryver and Godfrey Reynold, upholders, as follows:
145 duszeins of narrow cloth (panni estreit), viz. 56 of blanket, 32 of red, 14 of black, 15 of blod, 16 of russet, 5 of green, 4 of medle, 3 of murree, at us 6d the dozen; 2 chests, 2s and 20d; one chest called a "cofyn" 6d; one pair of gloves of platys and one bokeler, 12d; one stantys (fn. 19), one glasse and one calamar (fn. 20), 6d; one pair of tables (fn. 21), 6d; one garnement of Gascoign shappe (fn. 22) of striped frise, 2s; one garnement of motle frise doubled with black, 5s; 3 doublets, 2s; 3 caps (capucia) of divers colours, 12d; 3 pairs of old hosyn, 12d; 4 shertys and six pairs of drawers (bracce), 2s; 5 sacks and one sarpuler, 2s; one arblast (fn. 23), one gyrdill, 12 arrows and one vice (fn. 24), 4s; cos' puddynges (fn. 25) and one barell, 4d; total, 25s 6d. Sum total, £84 13s.
The above goods were delivered to the plaintiff under mainprise to answer therefor if the defendant should come within a year and a day etc. Further it was agreed by the court on conscientious grounds (fn. 26) that the plaintiff should pay back to the defendant the sum of £10 received from him when the latter bought the cloth. Immediately afterwards the serjeant arrested that sum in the plaintiff's hands at the suit of Robert Twyer, draper, in a plea of debt of £26 19s 4d pending before the court.
Membr. 9 b
Afterwards on 6 Nov. the said Simon Copshep produced in court a writ of supersedeatis directed to the Mayor and Aldermen reciting that, since the king had precedence of other creditors, the said Simon, who had in his hands £10 of the goods of Nicholas Plureo, had been ordered in the court of Exchequer to pay to the king's collectors of custom and subsidy the sum of 115s 3d, which were due from the said Nicholas Plureo, merchant of Venice, for the parva custuma (fn. 27) and subsidy on goods brought into the port of London. The mayor was ordered to suspend all claims as regards that amount. Witness J. Cokayn at Westminster, 5 Nov. 1409.