ROLL A 32
Rolls of Memoranda of the time of William Staundon,
mayor, A
o 16 Ric. II
Membr. 1
11. Nov. 1392
Thomas Wade brought a bill against his master John
Crosseby, tapicer, to whom he had been apprenticed about
three years before, and whom he had served faithfully
until God, of His grace, visited the petitioner with diverse infirmities, so that he was unable to help himself, complaining
that when he asked his master for money for medicines and
to give him sufficient food and clothing, the said master
refused and ordered him to go to his friends; whereupon he
went to those who had stood surety for him, and he was
supported by them at their costs, and afterwards, when he
regained his health, he had several times, by the masters of
his mistery, required the said John to provide him with food
and clothing and teach him his trade, as he was bound to
do by the custom of the city, or else to make a reasonable
agreement with him, but the master refused and would
neither accept the award of the said masters nor of any one else.
The master, on being summoned by the mayor's serjeant,
twice made default and told the serjeant that he would not
come. Thereupon the masters of the mistery of Tapicers,
Walter Shank, Richard atte Welle, Edmund atte Wode and
John Ricolf, testified that by the mayor's orders and on the
plaintiff's request, they had on several occasions gone to see
the defendant at White Chapelle outside the liberties of the
city and that he had refused to come to a reasonable agreement with his apprentice. Accordingly it was considered, for
the above reasons and because the master was living outside
the liberties and was rebellious towards the mayor's serjeant,
that the apprentice be exonerated from his indentures.
7 Nov. 1392
Writ to the mayor and sheriffs, that whereas Leonellus de
Vivaldis (fn. 1) , merchant of Genoa, was reported to have caused
jewellery of great value and other goods and chattels to be
brought into the city and secretly sold to divers persons of
the realm, without any payment of custom or subsidy, the
king commanded that the said Leonellus be arrested and
kept in custody till he found security to appear before the
king and his council on the octave of St Hilary next, and that
meanwhile his papers be kept safely till further command
be received. Dated at York 7 Nov. 1392.
Return that the said Leonellus was arrested on 16 Nov.
and his papers were placed in a sealed bag in the Chamber
of the Guildhall, and that afterwards George de Vivaldis,
Teramus Catanius, Dominicus de Mari and Thobias Lomelyn,
merchants of Genoa, mainprised him for his appearance etc.
30 Sept. 1392
Thomas Lynne, master of the barge "Seintmorie" of
Dartmouth, owned by John Hawley, brought a bill against
Octobone Grelo and Messer Pelegrin Cataigne and their
partners, Tyrame Catane and George Vivalde, all merchants
of Genoa, complaining that the said Octobone and Pelegrin
on 1 March 1392 at Cyvyle (fn. 2) chartered the barge to be laden
with 150 tons of merchandise within four weeks at 4½ francs
the ton, amounting to 675 francs, with a further 25 francs
for shoe-money (fn. 3) , after which the ship was to sail to Hampton (fn. 4) ,
remaining there four days while part of the cargo was discharged, and then proceed to London to discharge the remainder of the merchandise, and if the barge were not loaded
at Cyvyle within four weeks by default of the merchants,
they should pay the master the sum of 300 doubles
(fn. 5) and the
expenses of his stay there. The plaintiff remained a : Cyvyle
in the river with the barge and 40 sailors for ten weeks
beyond the four weeks mentioned, because the merchants
did not load their cargo, and he arrived at Hampton on
30 June 1392, where part of the cargo was delivered to the
said Tyrame and George, and finally came to London on
12 Aug. where he delivered the rest of the cargo to them. By
the law merchant he was entitled to 675 francs for freight,
25 francs for shoe-money, and 300 doubles penalty for delay,
but though he had demanded these sums from the merchants,
they refused to pay, to his damage £1000. [French]
The plaintiff found pledges for prosecution, viz. John
Hawley and Nicholas Macclesfeld, and produced a copy of
the charter, the tenor of which appears in a schedule sown
to this roll [see below].
Membr. 1 b
5 Oct. 1392
The defendants, Tyrame Catane and George Vivalde, who
were mainprised by Leonellus Vivalde, Angel Seba, Jerome
le Conell and George Segale, appeared on 5 Oct. and pleaded
that the present plaintiff had been sued for divers debts by
Amfreon Bekevile, merchant of Genoa, John Birche of Bristol,
John Hawley of Dartmouth, Richard Grove of Bristol and
John Garcio, burgess of St Andrew's, and that in connection
with those actions, the above-mentioned sum of 700 francs
due for freight and shoes had been arrested in their, the
defendants', hands by precept of Baldewyn Radyngton,
knight, warden of the city, and delivered to Gilbert Maughfeld, sheriff, until it was decided to whom it should be paid.
As regards 500 francs of that amount they prayed judgment
as to whether they were liable to the plaintiff twice over,
and as regards 200 francs they pleaded that the said Octobone
and Pelegrin had lent that sum to the plaintiff at Civile on
1 March 1392 for the provisioning of the barge and crew, on
condition that he should repay it at the port where the cargo
was discharged, as soon as he received satisfaction for the
freight, under penalty of one franc each day for delay. In
proof of this plea they submitted a deed [French] of the
plaintiff, admitting receipt of 200 francs from Octobone Grelo
and Pelegryn Caitaneo, which he promised to repay without
taking advantage of any exception of the law or any royal
protection, and giving the justices, judges and bailiffs of all
ports in any country power to levy the money, if unpaid,
on the barge and its gear.
The defendants pleaded that since the money due for the
freight was then in the hands of the sheriffs, they had complied with the conditions of their charter and they prayed
for the return of 200 francs in accordance with the above
deed. As regards the claim for 300 doubles they pleaded that
the plaintiff could not maintain his action against them, since
they agreed to load the barge within four weeks at Civile
and the plaintiff agreed to cross to St Luke de Barameda
to receive cargo, and the said Octobone and Pelegrin had
fulfilled all the conditions in their charter (fn. 6) , which they produced:
Membr. 2
Charter, dated 1 March 1392 at Siville, in the name of
Thomas de Lynne, burgess of Dartmouth, master of the
barge "Seinte Marie," witnessing that he had affreighted the
barge to Pelegryn Catane and Octobon Grille to be laden
with 150 tons of merchandise at the port of Civile within
four weeks and then to go by river to St Luke de Barameda
without delay and thence to Hampton, to remain four days
discharging cargo, and afterwards to London to discharge
the remainder, on condition that the master receive 4½ gold
francs of the coinage of the king of France for each ton
and 25 francs for shoes, to be paid on arrival in London,
where the cargo should be unloaded within 25 days. It was
agreed that the merchants provide a pilot from Civile and
that they caulk the cabin of the barge (fn. 7) , and that the master
was bound to provide the barge well equipped and found
with sailors and all its gear, and that he should have a boat
and cocket fitted for taking and discharging cargo in any
port in which they tarried, paying the boat-crews their right,
and that he should provide the merchants with fresh water,
salt, firewood and cressets burning fore and aft, while
towage (fn. 8) and little pilotages were to be a charge upon the goods
of the merchants, and whatsoever should be found of the
gift of God in fresh or salt water should be divided, one part
for the merchants, one for the barge and the third for the
master, and further the master and sailors should defend the
merchants and their goods against all men except those
of the master's own country. Either party not keeping the
terms of the charters must pay the other the sum of 300
doubles Moreskes dor
(fn. 9) , chargeable on the barge or the merchants' goods as the case might be. [French]
The plaintiff pleaded that as regards 500 francs of the
700 francs, the defendants had said nothing to acquit themselves, and as regards the 200 francs which they alleged had
been lent to him he was not bound by law to answer them,
and as regards the 300 doubles penalty mentioned in his
charter he was prepared to verify his plea. And the defendants pleaded as before, refusing to accept the plaintiff's
charter.
The court asked for information from the sheriffs as to
the actions for debt against the plaintiff and learnt that all
except that of Amfrion Bekevile for £21 2s 6d were pending
unsettled without a day owing to the king's letters of protection to the plaintiff. Accordingly it was considered that
the plaintiff recover 675 francs for freight, 25 francs shoemoney and 20s damages, less the amount claimed by the said
Amfrion, together with 300 doubles penalty, and that the
sheriff deliver to him 700 francs, less the amount claimed
by Amfrion.
Cedula
Schedule annexed containing a copy of the charter put in
by the plaintiff.
Membr. 2 b
4 Dec. 1392
Recognisance by William Bartelot, citizen and mercer, to
Robert Guppey and Simon Bartelot, mercers, of a debt of
£1000 payable at Michaelmas. Dated 10 Sept.
Grant from the same to the same of all his goods and
chattels. Dated 9 Oct.
Marginal note: Robert Guppey and Simon Bartelot on
16 July 1395 acknowledged satisfaction concerning the above
obligations, which were cancelled.
7 Oct. 1392
Writ of protection in favour of Thomas Lynne, master of
the barge "Seinte Marie" of Dartmouth, who was then on
the king's service with John Golafre, knight, captain of the
town and castle of Chirburgh (fn. 10) , for the provisioning of the
same. Dated at Woodstock 7 Oct. 1392.
18 Dec. 1392
Quitclaim from Idonea, widow of John Clenhond, merchant of London, to William Walpole, otherwise called
William, son of William Wynkfeld of Walpole in Mersshelond (fn. 11) , late servant of her husband. Dated 16 Dec. 1392.
18 Jan. 1393
Bond from Leonellus Vyvald, George Vyvald and Leonellus
Gautier, merchants of Genoa, to Sir John, Lord de Beaumont,
knight, in £1000 to submit to the arbitration of Sir Thomas
Percy, knight, Sir Henry Grene, knight, John Hadlee and
William Brampton before the end of the next parliament, in
disputes between the said Leonellus Vyvald and Lord Beaumont.
19 Jan. 1393
Acquittance by Drew Barentyn, goldsmith, William Cressewyk, John Luton, goldsmith, and Laurence Kelshill, chaplain,
executors of the will of Nicholas Twyford, knight, to John
Fraunceys, goldsmith, for the receipt of a sum of money
owed by him for the reversion of a tenement called "le
Grifon
(fn. 12) " in Cheap, which remained to him after the death
of Margerie, wife of the said Drew and formerly wife of
Sir Nicholas Twyford. Dated at London 7 Dec. 1392.
Membr. 3
12 March 1393
Marion Stok having complained that John Ruddok, textscriveyn
(fn. 13) , to whom her son John had been apprenticed for
eight years, had withdrawn himself from the liberty of the
city and did not support or instruct the apprentice, and
John Newent, cordwainer, William Broun, chandler, Thomas
Burton, fuller, and other neighbours having given evidence
to the same effect, the boy was exonerated from his apprenticeship.
Pleas held in the Chamber of the Guildhall according
to the custom of the city before William Staundon,
Mayor, and the Aldermen on 21 Feb. A
o 16 Ric. II
[1393]
21 Feb. 1393
Membr. 3 b
John Lotolli, merchant and burgess of Bordeaux, son of
Master Ramond Bernard Lotolli, jurisconsult (sage endroit),
was summoned to answer Robert Normant, master of the
ship "Christofre" of Yarmouth, in a plea of debt of £32 1s 8d,
due on a recognisance of 15 April 1388, made at Leybourne (fn. 14) ,
a merchant town in Gascony. By this recognisance the defendant, who had promised to freight the plaintiff's ship with
60 casks of wine at 15s the cask to London, Hampton or
Sandwich, and 20s the cask to Midelburu (fn. 15) and had failed
to do so, bound himself to pay to the plaintiff the sum of £30,
being half the freight, and also to repay £2 1s 8d borrowed
from the plaintiff in London, the recognisance being attested
by the seals of the mayor of Leibourne and Arnaud de
Favols, burgess of the same, and witnessed by Bernard de
la Barca, Aymeric de Jal Rostit, Amand Leucer, Berthon
Dalbiera and Guassias Chivaler, public notary of the duchy
of Aquitaine. [French]
The defendant denied that the deed was his own, and
a jury was summoned of merchants, of whom half were
merchants of Gascony. On 19 March a jury of Robert Henry,
John Gyllyng, Geoffrey Haket, Thomas Jeveek, Geoffrey
Chauflour and John Andrew, English merchants, Arnald
Guyllyam, Peter Favere, John Narrant, Naudinus Bouv,
John Nicholl and Perynot Robert, merchants of Gascony,
said on oath that the deed was the deed of John Lotolly and
assessed the damages at 4d. Judgment for the same.
Membr. 4
Memorandum that Jorwerth ap Reys of North Wales on
18 Feb. 1393 obtained from Nicholas Luke, Lombard, an
exchange of London (fn. 16) for 30s, payable to the said Jorwerth
in Venice, but that he went no further than Rome, owing
to sickness, and returned to Sandwich, where he died, having
appointed Jorwerth ap Evan his executor, to whom the said
Luke repaid the 30s.
2 Aug. 1393
Melianus de Mare, merchant of Genoa, offered himself in
a plea of debt of £15 against William Averey, citizen and
clerk, who was summoned by foreign attachment. On the
defendant making four defaults, the said Melianus prayed
that the attachment be valued and delivered to him under
security according to the custom of the city. The goods were
valued by oath of John Clopton, shearman, John Devenyssh,
shearman, and John Iryssh, tailor, and delivered to the
plaintiff under security etc., as follows:
One dozen of plunket
(fn. 17) cloth, 20s; one dozen and 2 yds. of
red cloth, 16s; one dozen and one yd. of green, 21s 8d;
one dozen and one yd. of blanket, 13s; one dozen and 2 yds.
of red, 18s 8d; one dozen and 2 yds. of morey
(fn. 18) , 28s; 1½ dozen
and 1½ yds. of melley
(fn. 19) , 27s; one dozen and one yd. of blanket,
15s 2d; one dozen of russet, 14s; 1½ dozen of green, 14s; one
dozen of blew, 24s; one dozen of blanket, 12s; one bed of
tapicerie worked with a lion lying under a tree, of middle
size, 40s; total, £14 3s 6d.
Membr. 4 b
6 Oct. 1393
William Wakeryng, master of the hospital of St Bartholomew in Smithfield, brings a plaint of intrusion against
William Badby, citizen and grocer, touching his free tenement in the parish of St Peter upon Cornhill.
Membr. 5
5 Nov. 1392
Thomas Pynchon, an, orphan of the city, son of John
Pynchon, late citizen and jeweller, brought a bill before
the Mayor and Aldermen in the Chamber against Robert
Excestre, prior of the church of Crichirche, London, William
Cressewyk, William Baret, Hugh Sprot, Walter Pynchon and
John Edmond, executors of the will of his father, for detaining
his third part of the goods and chattels and debts owed to
his father on the day of his death, contrary to the custom
of the city, by which an only child, who had not been advanced, was entitled to a third part. The said orphan alleged
that he was the only child of his father and Margaret his
wife, and that his father died on 24 Sept. 1392, leaving
goods and chattels of the value of £2200 and debts owed to
him of the value of £1000 and 100 marks. [French]
Robert Peek, common pleader of the city (fn. 20) , prosecuted on
behalf of the orphan. The defendants, by Philip Rykhalle
their attorney, while not admitting that the testator left goods
of the value named, pleaded that they had paid over £300
debts owed by him, that he made certain bequests in his will,
that the funeral cost over 200 marks, in addition to other
expenses, that the testator on the death of his first wife
married Idonea, leaving no issue by her, and that where a
man died leaving a wife without issue by her, there was no
custom in the city that the issue of a previous wife, even
though he had not been advanced, should have the third part
of the goods and chattels of his father (fn. 21) .
The plaintiff answered that it was immemorial custom that
such a son should have a third part on the death of his father,
even though the latter left a widow without issue.
As the court was not fully advised as to this custom, or
how such a custom ought to be tried (triari), the action was
adjourned from day to day until 3 July 1393, when the
parties appeared. But since there was great doubt and difference of opinion among the Mayor and Aldermen as to the
custom of the city, the action was again adjourned, and these
differences continued, retarding the execution of the will,
until the executors produced the will, in which a clause
stated that the testator wished the orphan to be remunerated
(remuneraretur) from the goods and chattels after the legacies
had been paid. In order to fulfil the will and for the sake of
peace, the executors offered the plaintiff the sum of £600 as
his "remuneration," if approved by the court, in full satisfaction of his claims, under the condition that if he died
under the age of sixteen years, the money should be returned
to the executors, to be treated by them as the money of the
testator and expended for the good of the testator's soul. They
stated that this sum was a third of the testator's goods and
chattels, omitting certain debts owed to him by magnates,
which might be regarded as desperate debts.
Thereupon the will was read in court, and since the testator
willed that all feoffees of his lands and tenements should
enfeoff the plaintiff therewith, such lands being of great value,
and thus the orphan had in a manner been advanced at his
father's death, the court asked whether the orphan and his
friends would be satisfied with this offer by way of "remuneration," according to the form of the will. The plaintiff,
with the consent of the court and by the advice of the Mayor
and Aldermen as guardians of the orphans of the city, and
also with the consent of Richard Felde, the king's clerk, and
Walter Pynchon his uncle, in the presence of John Markham,
Hugh Holes, William Gascoigne and John Woderove, serjeants-at-law, and Thomas Skelton and William Skrene, his
counsel, accepted the offer. Accordingly it was considered
that the orphan be content with the above sum and take
nothing by his bill and be precluded from his action, and
that the executors be quit thereof, and that, as the plaintiff
was an orphan, his amercement be condoned.
Membr. 6
6 May 1393
Letter of attorney from John Coventre, formerly apprentice of the late William Sharpyng, vintner, to John Cloos and
John Kyrkeby to demand and recover against John Hadle,
Richard Odyham, John Shelford, draper, Henry Frowyk and
Richard Norbery, his hereditary right to a tenement, or shops
and rents, called "le Brodeseld
(fn. 22) " in the parish of St Pancras
in Westchepe. Dated 1 May 1393.
Similar letter, containing the name of John Thorp in place
of John Cloos. Dated 5 May 1393.
19 March 1393
Thomas Bowyer, saddler, was summoned to answer William
Burdevyll, fuystour
(fn. 23) , in a plea of debt, in which the latter
alleged that in the court of Thomas Vynent, sheriff, he had
sued the defendant for £40 and the defendant had admitted
a debt of £7, for which judgment was given. This sum the
defendant refused to pay.
The defendant, by William Sydyngbourne his attorney,
pleaded that by the custom of the city from time out of mind
the sheriffs had been accustomed in their compters to receive
and enter plaints of debt, account, trespass and other contracts and that when a defendant was committed to prison
for debt and the plaintiff afterwards acknowledged satisfaction and demanded the defendant's release, the sheriffs
were used to release such a debtor, and whereas the plaintiff
came to the sheriffs' compter in the parish of St Mildred
by the Stocks (fn. 24) and acknowledged satisfaction, the debtor was
released, and accordingly he prayed judgment whether the
plaintiff could maintain his action against him.
The plaintiff pleaded that there was no such record to
exclude him from his action. A day was given to the defendant to produce the record, and the latter produced a
record under the shrievalty seal (fn. 25) , wherein it was stated that
the plaintiff came into the sheriffs' compter and granted the
release of the body of the said Thomas Bowyer, whereupon
the latter had been released [breaks off].
Membr. 6 b
25 June 1393
Acquittance from Idonea, relict of John Pyncheon, to
William Cressewyk, Robert Excestre, prior of Crichurch,
Walter Pyncheon, William Barette, Hugh Sprot and John
Edmund, executors of the will of the said John, for certain
jewels and a competent sum of money, being her widow's
portion. Witnessed by the mayor, aldermen and sheriffs, and
dated in the Chamber of Guildhall 5 June 1393.
Memorandum that whereas John Carbonell, chaplain,
proctor of Sir John de Wendlyngburgh, prebendary of
Wodeland in the cathedral church of Crydyton (fn. 26) , delivered
to Peter Plentee the sum of £7 14s 6d to be paid to the said
Sir John in London in return for a general acquittance, and
the said Peter, having refused to pay without this general
acquittance, was forced to do so in the Sheriffs' Court,
receiving an acquittance there, the said Sir John appeared
before the Mayor and Aldermen and promised to save the
said Peter harmless as against the said John Carbonell.
[French]