Mutilated roll of 1377-78

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Centre for Metropolitan History

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Author

A.H. Thomas (editor)

Year published

1929

Pages

245-256

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'Mutilated roll of 1377-78', Calendar of the plea and memoranda rolls of the city of London: volume 2: 1364-1381 (1929), pp. 245-256. URL: http://www.british-history.ac.uk/report.aspx?compid=36687 Date accessed: 30 September 2014.


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MUTILATED ROLL OF 1377–8

Membr. 1

Notarial instruments, under the seal of John de Mitford, clerk of the Diocese of Durham, recording that John Pavy, merchant of London, had bought ten casks of wine from John Jacob (fn. 1) for £41 and that the wine had been loaded in the ship "Gracedieux" of Plymouth, of which Richard Coteler was master. It was agreed that the purchase-money should be paid within fourteen days of delivery. The said John Pavy had deposited nine casks in the cellar of John Blakeneye of London. The present document notifies all and sundry that John Blakeneye has no right or claim to the wine. Witnesses: William Preston and Humfrey Passour.

Certificate of William Boyvile, clerk of the Diocese of Carlisle, as to the same.

Membr. 2

14 Sept. 1377

A Congregation of Mayor and Aldermen on Monday the Feast of the Exaltation of the Holy Cross [14 Sept.] A o 1 Ric. II [1377]

John Prentys, draper, Isabella de Wynchestre, Thomas de Emethulle, chaplain of the perpetual chantry for the soul of Nicholas Crane (fn. 2) , and others demanded Assizes of Nuisance against William Newe, Warden of the House of the Friars Minors, as regards their free tenements in the parish of St Nicholas Shambles.

Petition of John Foxton, spicer, setting forth that he had bought a site for building in Bucklersbury from Adam de Bury, and that it had been found on a view taken on 1 Sept. by the sworn Masons and Carpenters (fn. 3) of the City that the tenement of Richard Haveryng and Anneys his wife encroached on the land several inches. The petitioner prays that he may have possession of his land in order to proceed with his building. [French]

Membr. 2 b

21 Oct. 1377

Writ of protection in favour of William Mapull, who was then about to cross the sea in the company of John Arundell. Dated 21 Oct.

Writ of protection in favour of Thomas Stapilton, who was then about to cross the sea in the company of the Duke of Brittany.

John, son of Richard Shirlok, who had been apprenticed to Richard Messenger, saddler, was exonerated from his indentures, because his master had fled for debt and taken refuge in the Liberty of St Helen's, London.

Membr. 3

2 Dec. 1377

Writ to the Mayor and Aldermen reciting that the late King, understanding that the Mayor and Aldermen had in their custody moneys belonging to enemy Frenchmen, had ordered them on 29 Jan. 1370 to send to the Exchequer a bond in £525 from Ralph de Knyghton, John de Southam and William Brikles, merchants of London, to Simon Corder, merchant of St Valery: The said Ralph, John and William, being ordered to show cause why they should not pay the sum mentioned in the bond, had pleaded that payment was subject to certain conditions contained in a sealed paper in the Chamber of Guildhall. The Mayor and Aldermen are commanded to produce this document.

The paper, which was sent as ordered, recorded that the above-mentioned "Raulyn," John and William had sold to the said "Simonet" Corder 1600 chaldrons of coal of Newcastle-on-Tyne, which they had bought from William Acton and another burgess of that town. It was agreed that the buyer should send a ship or ships to fetch the coal and that the vendors should load the coal within 12 working-days after their arrival; otherwise, if no ships were sent the vendors should arrange for carriage at the buyer's risk. The vendors were to have a rebate of £320 for freightage. There were further rebates in connection with the sale of 31 tuns of woad at £15 the tun, which were stored in a house in London belonging to John Stodeye, and conditions relating to the sale of a ship lying at the Wood wharf for £60. [French]

Membr. 3 b

20 March 1378

Letter of attorney from Bonsignor Belbok (fn. 4) to John Bokassouche (fn. 5) , merchant of Lucca.

6 April 1378

The same from Thomas Shanke of co. Dorset to William Rule of London, draper.

Membr. 4

Joan Wodelok and Ralph Taillour were attached to answer Walter Hampstede on a charge of abducting his daughter Joan, aged 11 years. The defendant Ralph pleaded that he had been procured and abetted in so doing by the said Joan Wodelok and put himself on the mercy of the Court. He was committed to prison.

The said Joan pleaded that the girl's grandfather held a messuage, 40 acres of land and 10 acres of wood in Mymmes by homage, scutage and military service from William Swanlond, and that the girl, through her mother Joan, was his heiress. She herself, with the assent of the said William Swanlond, assumed the wardship of the girl. She prayed judgment whether the plaintiff ought to have any action against her.

The plaintiff answered that he had charged her with a trespass committed in the Old Jewry, and claimed damages.

Thereupon, on the ground that her plea, as pleaded by her counsel, was designed to exclude the plaintiff from his action, and in such a case the plaintiff or defendant might be examined on oath, the said Joan was examined and confessed that she did not acknowledge the facts set forth by her counsel. Thereupon counsel, on being examined, confessed that they had not been instructed by the said Joan to make the above defence, but by a certain Friar Peter Daniel of the Order of the Friars Preachers. And because the above-mentioned William Swanlond denied that he had given authority to the said Joan to assume the wardship (cetera desunt).

Membr. 5

Letter of attorney from William Chetelton to Roger de Coyton, esquire, to recover from Henry Okeston of co. Chester 32 francs, a.. of steel with a silver buckle and 20s sterling entrusted to him by the said William.

12 May, 1378

Writ, dated 12 May Ao 1 Ric. II, to the Mayor and Sheriffs ordering them to bring before the King's Council a certain Odo Ude, then a prisoner in Newgate.

William Poynt of Willesden, who had put his. son John as apprentice to John Shep for eight years, complained that the latter had refused to make the boy free of the City on the expiration of his term. The said John Shep pleaded that there was still a year to run according to the indenture enrolled in the Chamber of London in the time of John Cantebrugge, Chamberlain. On examination it was found that the date in the indenture in the Chamber differed from that of the plaintiff's indenture. The Court accepted the latter as correct and ordered that the apprentice should be accepted and enrolled as a freeman.

Membr. 5 b

John Blakeney was summoned to answer John Jacob (fn. 6) , merchant of Plymouth, in a plea of debt of £41, wherein the latter complained that a certain John Pavy in Jan. 1377 at Bordeaux had bought from him 10 casks of wine, and that after his death the wine had come into the hands of John Blakeney, who disposed of it as his own property and now refused to pay the price.

The parties were summoned to appear on 6 April. And because the plaint concerned merchandise, the Mayor fixed a day for the hearing in a private room in Guildhall before himself and other Aldermen, who were merchants, so that the action might be terminated according to the law merchant (fn. 7) . The plaintiff produced a notarial instrument under the seal of John de Mitford, clerk of the diocese of Durham, and another under the seal of William Boyvile, clerk of the diocese of Carlisle, in which the late John Pavy acknowledged the debt and testified that the wine had been brought to England in the "Gracedieux" of Plymouth, nine casks being deposited in the cellar of John Blakeney in London, and another cask at Colchester among goods belonging to the said John.

The defendant admitted that the facts were as alleged. It was further found that certain indentures between the defendant and the master of the "Gracedieux" differed, for whereas in one part the date was 21 Jan. 1377, in the other "January" had been erased and "February" substituted, whence great suspicion attached to the said John Blakeney (cetera desunt).

Membr. 6

Robert Lucas was attached to answer John Loveye, mercer, in a plea of trespass, wherein the latter complained that he had a tavern called "Cardynalhat" in the parish of St Vedast, over the door of which branches and leaves were hung to show that wine was sold there, and though this sign had been used there from time immemorial, the defendant by force and arms had torn down the branches and leaves to the plaintiff's damage £40.

The defendant pleaded that the house had not always been used as a tavern, but as a stable, a brewhouse and a dwellinghouse at different times and that the plaintiff had no right to hang out branches and leaves from that part of the house which now belonged to the defendant. The Court fixed a day in order that it might be advised meanwhile.

Membr. 7

1377-8

Lodewic... was summoned to answer Nicholas Holbourne on a plea of debt of £120 due on a bond. The defendant pleaded that the plaintiff ought not to have any action against him because he had already paid £60, and the plaintiff's attorney in Bruges, Thomas Bak, had received from the defendant's attorney, Brancus Domenyk, the sum of £32 10s, with which he had bought goods for the plaintiff, and the residue of the £60 had been arrested in the defendant's hands in an action brought by Stephen Alibert against the plaintiff. The plaintiff pleaded that the defendant's attorney in Bruges had not paid £32 10s in discharge of the debt, but had merely handed over that sum to purchase a letter of exchange, and on that issue he put himself on the country. As the defendant was a Lombard, precept was given to summon a jury of Englishmen and Lombards.

10 April 1378

John Blakeneye, fishmonger, was bound over in £100 for threatening and abusing Henry Herbury, who had given evidence in an action brought by John Jacob against the said John Blakeneye. The payment of that sum was respited so long as he did not molest any person on account of the judgment recorded against him.

Membr. 7 b

23 July 1377

Release and quitclaim by Nicholas Dene of Sandwich and ... of Geoffrey Denny to Hugh de Bassingbourne of all actions against him arising out of the will of the said Geoffrey, except one relating to a stone called a "saefire."

Memorandum that by order of the Mayor certain goods formerly belonging to William Seint Aubyn and Hugh Spicer were valued, because goods and chattels had been taken by the King's enemies in France during time of truce. The goods comprised 3 dozen russet caps at 10s the dozen, 2 dozen blue caps at 10s the dozen and 20 dozen red caps of a colour called "half greyn," (fn. 8) total £22 10s.

Membr. 8

Proceedings in an Assize of Freshforce between William Berkham, grocer, plaintiff, executor of the will of John Not, late pepperer, and William Wodehous, John Hanham, John Tot, Robert Lucas and Margaret his wife and William Horscroft, defendants.

Membr. 9

William Stoket brought a bill of complaint against Nicholas Exton and John Stokyngbury to the effect that he had taken a lease from them of a house which was in such bad repair that it could scarcely stand. It had been agreed that he should carry out repairs and that they should either set the cost against his rent or reimburse him, nevertheless they had refused either, though he had repaired the roofs with timber, laths and nails, had strengthened the foundations and put in new floor-boards at a reasonable cost of £23 10d. [French]

The defendants denied liability, and both parties pleaded to a jury. On 15 May the plaintiff withdrew from his action, and the Court gave judgment that he and his pledges be in mercy.

Membr. 9 b

16 Nov. 1377

Writ of protection, to last for two years, on behalf of William Vendacel, Ralph Cloffamer, Peter atte More, John de Garc', Goscelyn Vanacre and Reginald Raules, foreign clothworkers residing in the City of London, who had petitioned for the same, in accordance with the ordinance in Parliament of the year 11 Edw. III. They and their fellows of the same trade are to be unmolested and any offences against them are to be corrected immediately.

Membr. 10

Recognizances of John Writele, hostiller, John Cook, Philip Bacon and Thomas Kilpyn, corsours, in 2 marks 6s 8d due at Michaelmas to Adam Pope, clerk.

Sir William Berland, who was summoned to answer Maud de Veer, Countess of Oxford, in a plea of debt of £10 due on a bond, produced an acquittance, dated 10 Oct. 1376, at the manor of Lekenefeld (fn. 9) under the seal of Robert de Flynthaulghte, the Countess's clerk. The clerk admitted that the document was his own. Judgment that the Countess take nothing by her plea and be in mercy.

Membr. 10 b

28 July 1377

Letter of attorney from Lambert Dati to Francis Cristofre, merchant of Lucca.

Membr. 11

1377-8

Memorandum that discords having arisen between Richard Toky, pepperer (fn. 10) , and Maud, widow of Richard Toky, wool man, the parties appeared in the Husting and put themselves on the arbitration of John Horn, Alderman. The latter awarded that the said Maud should have for life 20 marks annual rent issuing from lands and tenements belonging to the said Richard in the parishes of St Edmund Lombard Street, and Gracechurch, which annual rent had been granted to her by him, and also a mansion house in the parish of St Edmund for life; also that she should be exonerated from the sum of 200 marks which the said Richard had claimed from her, and that the latter should execute a quitclaim in her favour of all actions, except of an action relating to a forged bond for £400 under a fictitious seal, in connection with which a certain William.. had been found guilty by a jury. The said Maud on her part should execute a quitclaim to the said Richard.

Note of payments subsequently made to the said Maud, in accordance with the above, and that on 7 Sept. 1379 she refused to stand by an acquittance she had given for a payment. Thereupon the Mayor and Aldermen ordered the money to lie in Court until she had been better advised by counsel. On her consenting, the payments were resumed.

Membr. 11 b

19 May 1377

Agnes, wife of Richard Teukesbury, and another woman were charged with standing next to the Conduit and hawking salt-fish. Their offence was condoned for the present.

The bailiffs and men of Kingston-upon-Thames having taken illegal toll from citizens of London, a boat which Elias Garlond, woodmonger, held in partnership with Richard atte Brugende of Kingston, was arrested. It was restored to the said Elias on his promise to answer for the said trespass quo et quando. Moneys belonging to John Colneye of Kingston in the hands of Robert Broun, woodmonger, were likewise arrested to reimburse John Barton, unless a settlement should be previously effected.

John Thame, barber, who had been presented before Thomas atte Noket, Alderman of Langbourne Ward, as a common fomenter of quarrels, for keeping dogs in his house and for being disobedient to the Aldermen and constables, was found guilty by a jury and committed to prison.

Membr. 12

Gilbert Aumory, by Simon Aylesham and John Somerford his attorneys, prayed that certain goods and chattels belonging to Thomas Serland to the value of £28 10s, which were in his hands, might be delivered to him by the Court in accordance with the custom of the City, because the said Thomas Serland on 18 June 1378 was two years and one quarter in arrears of his rent for certain premises hired from the petitioner.

Thereupon came a certain Bartholomew.. who claimed that the said Thomas had paid on behalf of the said Gilbert a sum of money to Lord Fitz Wauter (fn. 11) , for which the latter had given an acquittance. On examination it appeared that the payment had been made, not by the said Thomas but by the said Gilbert, and this was testified also by the attorney of Lord Fitz Wauter. Accordingly, since it was clear that the said Thomas had occupied and was occupying the premises in question, the Court ordered that the goods should remain under distress until the rent was paid.

Membr. 13

16 July 1378

Richard atte Hull was attached to answer Peter Stenby on a charge that he and his three servants violently assaulted the said Peter to his damage £40. The defendant, having pleaded to a jury, confessed the charge and the jury taxed damages at £20. As the Court wished to consult, a day was given on 16 July, when the Mayor and Aldermen, on the ground that the damages were excessive, reduced them by 10 marks and gave judgment for 20 marks. The money was paid in court next day.

Membr. 13 b

1 Sept. 1378

Writ, dated 1 Sept. Ao 2 Ric. II [1378], ordering that an inquest be held and a return made as to the death of John Quynteyn, cutler, in the parish of St Audoen within Newgate.

Return that it was found by a jury that in the course of an angry argument John Risele struck the said John a mortal blow with his sword and afterwards fled to St Helen's Church and thence to Westminster for fear of that felony. It did not appear that the slaying was instigated by anyone else, or that any one knowingly harboured the said John Risele or was in any way concerned in the matter.

Membr. 14 b

Robert Boxford was attached to answer the Commonalty of the City on a charge of having broken down certain stalls and thrown out certain jewels from a stable and warehouse below the gate of Ludgate, which had been leased to Robert de Lynne and Joan his wife and to John Lyndeseye by the Mayor and Commonalty. The defendant had no excuse to offer, and judgment was given that he pay a fine into the Chamber of Guildhall and construct new stalls as good and competent as those destroyed. The question of damages to the tenants was submitted to the arbitration of John Hoo and Geoffrey Neuton, Aldermen. On the parties failing to agree, a jury of twelve men from the four neighbouring wards was impanelled, which taxed damages at 40s. Judgment was given for that amount.

Membr. 15

1378

Robert Havelok, servant of Thomas Serlond, was summoned to answer John Aubrey and Richard Northbury in a plea of debt of £25 due on a recognizance.

The defendant pleaded that the said John and Richard ought to have no action against him because they had granted by a defeasance, which he produced in court, that if he paid to them before 7 June the sum of £25 which Gilbert Aumory owed to them, or if the said Thomas Serlond could prove by a reasonable account that he owed the said Gilbert nothing for the rent of a house, which Gilbert held on lease from Lord Fitz Wauter, then the recognizance should be of no effect. The said Thomas, he pleaded, was willing within the term mentioned in the defeasance to render account and to prove by his book that the money owed by him had been set off against a similar amount owed to him by Gilbert Aumory. He prayed a day might be given to him to produce this book.

The plaintiffs answered that the said Thomas Serlond, who was then in Newgate, had offered to produce a book which he said was in Flanders, but had failed to produce anything but a schedule of no value.

Afterwards the parties appeared in Guildhall on 16 Oct. 1378, when the plaintiffs conceded that if the said Thomas could prove by the oath of twelve merchants that he had satisfied the said Gilbert for the rent of the messuage they would withdraw their action against Robert Havelok. This offer was accepted and Peter Bagardyn, Peter Gracian, Chanel Volpastre, Francis Cristofre, Andrew Michel, James Wlpeny, Peter Mark, John Donat, Lowys Donat and three other Lombards made the proof aforesaid.

Membr. 16

1378

Letter of attorney from Agnes Frowyk to John Oxewyke.

Inquest held by Andrew Pykeman and Nicholas Twyford, Sheriffs, to inquire as to an affray which took place on the Feast of the Nativity B.M. [8 Sept.] last past, and to discover what evildoers had assaulted a certain John Claworth and wounded his servant Peter Payn through the left hand with an arrow.

The jury presented that Thomas Bowyer and John London, servants of Thomas Soys, Walter Lucas, John Cole, Symekyn Sadeler, servant of Rumbold Sadeler, and others, at ten o'clock on the above date, in Bread Street, had lain in wait for the said John and assaulted him, and that Thomas Hostiller, servant of John Ittilcote, had shot an arrow into the air which fell and pierced the left hand of the said Peter, in contempt of the King and in manifest breach of the peace.

Membr. 16 b

Record of an action against Richard Bedewynd and Margery his wife concerning the external repairs of a house at the corner of Abbecherchelane, of which they were landlords.

Membr. 17

Notarial document [much mutilated] relating to a sale of wine from John Jacob to John Pavy.

Membr. 18

1377

William Bardolf, Lord of Wermegeye, brought a bill of complaint against William Fitz Hugh, goldsmith, for refusing to surrender four "scochons" with hatchments of his arms, which were found in the said William's possession. [French]

The defendant appeared on summons and pleaded that the escutcheons had been openly exposed for sale in the City, and that a certain foreign minstrel had bought them from other foreigners in Lombard Street....

The plaintiff prayed that the escutcheons might be adjudged to him on the ground that the said foreigners had no title to them. To this the defendant replied that he was not bound to answer, because he was able to verify his own purchase. Thereupon the plaintiff was asked whether he wished to dispute this verification, and answered "no." The Court gave judgment that the plaintiff take nothing by his bill and be in mercy, because the aforesaid verification was a complete bar to his action (fn. 12) .

Membr. 18 b

1377

Bond of William Hoghton, John Vyne and Geoffrey Walderne to the Mayor and Sheriffs in £60 to save them harmless against any claims which might be made upon them, owing to their having paid over to the said William certain sums of money belonging to the King's enemies in France, which were in the custody of John Rydere, fishmonger.

Similar bond of Thomas..., John Scorfeyn, armourer, and John Burnell, cordwainer, in £50 in respect of moneys paid to the said Thomas in obedience to a writ. The Mayor and Sheriffs are to be saved harmless in case the King's Council should afterwards order the restitution of the money.

Cedula 1

Men of divers misteries elected to be of the Common Council in the first year of King Richard the Second.

[A mutilated list follows of men belonging to the following misteries, among others: grocers, mercers, goldsmiths, vintners, drapers, fishmongers, skinners, saddlers, brewers, tailors, weavers, curriers, ironmongers, cutlers, shearmen, founders, leathersellers, tanners, plumbers, joiners, whitetawyers, loriners, bakers, tapicers, bowyers, fletchers, horners, hatters, masons, smiths, pouchmakers, brouderers, spurriers, hurers, haberdashers, cardmakers, pinners, butchers, fusters.]

Cedula 2

A list of aleconners of the several Wards, with the oath of the aleconners (fn. 13) . [French]

Footnotes

1 See below, p. 248.
2 Nicholas Crane, Alderman of Aldersgate Ward, who died in 1342, left divers tenements for the maintenance of three chaplains in the Church of St Nicholas Shambles to pray for the good of his soul and the souls of Amicia and Katherine his wives, the said chaplains to reside together in his house in Pentecost Lane. Cal. of Wills, i, p. 456.
3 These were officials, usually four in number, who advised the Mayor and Aldermen in disputes relating to party-walls, encroachments and other matters arising under Fitz Aylwin's Assize of Building. For their oath, A.D. 1301, see Lib. Cust. 1, p. 100; Cal. of Letter Book C, p. 86; Cal. of Early Mayor's Court Rolls, p. 178.
4 Possibly the same person as Bonsemorus Belebouche mentioned in C.P.R. 1377-81, p. 172.
5 There is mention of a John Bokansok, merchant, of Lucca, in C.C.R. 1377-81, pp. 16, 227
6 See above, p. 245.
7 In this and other actions the clerk is at pains to show that the City had jurisdiction in matters under the law merchant. Previously the fact was so evident that it was not stressed. See Cal. of Early Mayor's Court Rolls, pp. 69-70, 101, 183; Lib. Alb. 1, p. 294; Cal. of Plea and Mem. Rolls, p. 263; Cal. of Letter Book G, p. 198. In 1353, however, the ordinance of the Staple (Statutes of the Realm, 1, p. 336) had laid down that all merchants and th servants etc. coming to the Staple should be ruled by the law merchant and not by the common law of the land nor by usage of Cities, boroughs and other towns. Apparently this left some uncertainty as to how far foreign merchants dealing in Staple goods could have their disputes settled in London, which was not a Staple town. In Pope v. Senyger (below, p. 276) the Mayor informed the parties that he had jurisdiction both as Mayor of the Staple of Westminster and Mayor of London and proceeded with the action on their consent. In Mageri v. Gremany (below, p. 283), similar phraseology is used, the Mayor consenting to hear the action on the request of the parties.
8 See p. 72, n. 2.
9 Leckonfield co. Yorks.
10 From H.R. 94 (77) (78) it appears that Richard Toky, pepperer, was cousin of Richard Toky, woolman, and that Maud Toky had conveyed to him the properties in the parishes of St Edmund and Gracechurch, in return for an annuity and a lease for life of the mansion house in the former parish. See also H.R. 117 (124).
11 The money paid to Lord Fitz Walter was the rent of the premises. See below, p. 254.
12 A defence of market overt.
13 Printed in Lib. Alb. 1, p. 316.


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