Roll A 35
1395-96

Sponsor

Centre for Metropolitan History

Publication

Author

A.H. Thomas (editor)

Year published

1932

Pages

233-239

Citation Show another format:

'Roll A 35: 1395-96', Calendar of the plea and memoranda rolls of the city of London: volume 3: 1381-1412 (1932), pp. 233-239. URL: http://www.british-history.ac.uk/report.aspx?compid=36707 Date accessed: 28 November 2014.


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ROLL A 35

[William More, mayor]

Membr. 1

26 Nov. 1395

William Hdo of London brought a bill of complaint against William Shiryngham and Roger Elys, sheriffs, for a debt of £182 18s 8d, wherein they had become liable by allowing a certain Manuel Zakarie, merchant of Genoa, to escape from Newgate, to which the said Manuel had been committed after the plaintiff had obtained judgment against him in the Sheriffs' Court for the above-mentioned sum due on a bond. [French]

The defendants appeared after three defaults and pleaded that all sheriffs had the power of choosing deputies to guard the gaol and the prisoners, that they had appointed a certain William Popelton and others, who were dwelling in the city and had sufficient goods and chattels to satisfy the plaintiff's claim, and that action lay against the latter and not against the sheriffs themselves. They prayed judgment whether they ought to be charged with the debt.

The plaintiff pleaded that he had no need to answer the defendants' plea, since they had admitted that they were and at the time of the escape had been keepers of the gaol.

After an adjournment that the court might be advised, it was considered that the plaintiff recover the above-mentioned debt against the sheriffs and damages taxed at 13s 4d, and upon this the sheriffs were committed to prison on 6 Feb. 1396 until they paid.

Membr. 1 b

14 Dec. 1395

Memorandum that on 14 Dec. 1395 William Venour, John Hamerton, clerk, John Stapulford and Roger Wikwane, executors of William Venour, senior, deceased, brought a bill against the said William Hoo for a debt of £200 due on a bond dated 22 Aug. 1394, by virtue of which Hugh Battisford, common serjeant-at-arms of the city, on 15 Dec. 1394 arrested the sum of £182 18s 8d in the hands of the sheriffs. William Hoo having made four defaults, the sheriffs on 23 Feb. 1395 brought the money into court and prayed that they might be liberated from prison, informing the court that of the aforesaid money the sum of £50 had been attached at the suit of Nicholas Bacon, mercer, in the Sheriffs' Court on 15 Dec. 1394. The sheriffs were liberated and the record of Bacon's action was produced, which showed that William Hoo owed £50 to a certain Thomas Appelby, mercer, deceased, whose administrator, John Michellesonne, was sued by Bacon.

After deliberation, the court gave judgment that the executors of William Venour should receive the sum of £182 2s in part payment of their claim to £200 and that Nicholas Bacon and William Hoo receive nothing.

Membr. 2

4 Dec. 1395

John Cosham, who had been admitted to the freedom of the city in the mistery of Haberdashers on 1 Oct. 1379 during the mayoralty of John Philipott and the chamberlainship of John Ussher, and who now exercised the trade both of a haberdasher and a mercer, but was clothed yearly in the livery (fn. 1) of the Mercers and had no connection with the Haberdashers, petitioned the Mayor and Aldermen that he might be admitted to the freedom as a mercer. At the instance of the good men of the mistery of Mercers who appeared in court, the Mayor and Aldermen granted the request and remitted the usual fine.

31 Jan. 1396

Writ to the mayor and sheriffs that whereas Thomas Polle, Robert Fraunceys, Richard Barton and John Emond, goldsmiths, had been charged with causing the death of Robert Baroun, horner, outside the Bar of the New Temple and had been committed to prison, which homicide they declared had been committed by evildoers unknown to them, and whereas they were ready to answer the charge and stand to justice, the king commanded that if they were mainprised by John Hadlee, Adam Bamme, Drew Barentyn and William Brampton under sufficient penalty, they should be released from prison. Dated at Worcester 23 Jan. 1396.

By virtue of the above the said Thomas and his fellows were released under the above mainprise under penalty of 400 marks. The same day Henry Bamme, John Forster, Thomas Panton, Thomas Hay, Thomas Exton, William de Lowthe, John Frenssh, John Bulstrode, John Luton, Stephen Mapelesden, John Standelf, John Carbonel and William Stamelden, goldsmiths, entered into a bond to save the said mainpernors harmless.

Membr. 2 b

30 Nov. 1395

Deed of sale from Henry Sanday of Lucca, burgess of Venice, owner and master of the ship "Seinte Mariknyght" to Gilbert Maghfeld, merchant of London, of the abovenamed ship with all her gear and appurtenances, which the vendor warranted for a year and a day according to the Law of Olyron (fn. 2) and the custom of the sea, the adventure of the sea and the act of enemies alone being excepted from the warranty. Sealed at the special request of the vendor with the mayoralty seal for better evidence and security and marked with the accustomed mark of Martin Seman, papal and imperial notary. Dated at London 26 Sept. 1395. Witnesses, Angel Christofre, Lodewic de Port, merchants of Lucca, John Joan, merchant of Venice, Bernard George, merchant of Florence, Reginald Grille, merchant of Genoa, and many others.

Membr. 3

4 Feb. 1396

Bond of William Brampton and William Askham, citizens of London, John Pasford and Richard Shelle, clerk, in £200 that Thomas Shelle, esquire, and Dame Juliane his wife would acquit and discharge John Fabyan and Thomas Paynel and the lands, tenants, executors and heirs of Sir Bernard Brocas, knight, senior, of any claim to 200 marks, that being the sum in which Sir Bernard and Dame Juliane and the said John Fabyan and Thomas Paynel as their sureties had been bound in the Exchequer for the wardship of the manor of Ferle (fn. 3) co. Southampton, and the marriage of Bernard, son and heir of Sir Edmund de Mussenden, knight.

17 Feb. 1396

Writ of protection in favour of Emanuel Zakarie, who was then engaged in certain urgent business affecting the king and the realm, such protection to continue till Michaelmas following. Dated at Notyngham 17 Feb. 1396.

Note that a close writ de proteccione allocanda was received on 23 Feb.

9 March 1396

Assignment by John Balsham, apothecary, to William Thorgerton, apothecary, of all his rights to the unexpired portion of the apprenticeship of William Brokeman. Witnesses, Edmund Fraunceys and Mark Everlee, masters of the art of Grocers of London, William Chichely, Robert Chichely, John Lew, John Feyrrer, John Spark, clerk, and others. Dated 8 Feb. 1396.

Membr. 3 b

14 April 1396

Writ of certiorari demanding the cause of the taking and detaining in Newgate of John Walpull of London, tailor. Dated at Westminster 14 April 1396.

Note that a return was made on 4 May of the cause as enrolled in the Memoranda Roll of John Fressh, mayor.

12 May 1396

Writ of protection in favour of John Basse, draper, who was then in the king's service in the company of Sir William de Hoo, knight, captain of the castle of Oye in Picardy. Dated at York 28 March 1396.

Close writ de proteccione allocanda of the same date.

Membr. 4

12 March 1396

Acquittance from John Mannyng, warden of the Guildhall Chapel, John Depham, Walter Adekyn, William Holme and John Draycote, chaplains of the same, to William Parker and William Cressewyk for the receipt of £160, paid by them in the presence of Stephen Speleman, chamberlain, which money they owed to Edmund Noreys, late warden, Peter Wysbech and John Dangy, chaplains, deceased, and to the above-mentioned John Depham and Walter Adekyn. Given under their seals and the seal of the chamberlainship in the Chamber of the Guildhall, 9 March 1396.

Membr. 4 b

18 May 1396

Bond of John Sely, skinner, to Tydemann Wauschede and Henry Smytman, merchants of Almaine, for the payment of £132 13s 4d by quarterly payments of 50s. Dated 17 May 1396.

Membr. 5

19 June 1396

Acquittance from Gerard, (son of) Sir Benedict de Albertis (fn. 4) , and James Monald of the society of the Albertines, administrators of the goods and chattels of James Dyne, intestate, for the receipt of £173 12s 11d due, on two letters of exchange, from Alamann Mannyn and Antony Mannyn his brother.

Bond of the said Gerard and James to save the said Alamann and Antony harmless against all claims arising from the letters of exchange.

2 May 1396

Writ from the king to the mayor and sheriffs informing them that he had lately confirmed the charters of the town of Northampton, given by his predecessors, which granted to them, among other liberties, freedom from toll and lastage throughout all England and the seaports, and which empowered the prepositus of Northampton to take a pledge there in case anyone infringed these liberties, and commanding the said mayor and sheriffs to allow the said burgesses to be free thereof. Dated at Westminster 2 May 1396.

Return to the above from Thomas More, mayor, Roger Elys and William Shiryngham, sheriffs, that they and their fellow-citizens and their predecessors held London and Middlesex to farm together with divers liberties, free customs, tolls and lastages of merchandise coming to London, by payment of a certain sum of money yearly to the Exchequer, and that they had been accustomed to take from the burgesses of Northampton and others toll and lastage (fn. 5) on all merchandise coming to London in aid of the farm aforesaid, and moreover these liberties, tolls, privileges and customs had been confirmed and ratified by divers statutes and by the charters of the king himself and his progenitors, against which liberties and customs the burgesses of Northampton had shown no cause why they should be exonerated from payment, and whereas the mayor and sheriffs were bound by oath to observe what was a royal as well as a civic right, they were unable and ought not to exonerate the burgesses of Northampton from the payment of such toll and lastage.

9 May 1396

Bond of Robert Denny, knight, to pay William More, vintner, the sum of £20 in case the said Robert survived his wife Amy and recovered her dowry, to wit, a tenement with appurtenances in the parish of St James Garlickhithe, with which he had enfeoffed William More, Thomas Brounflete and Simon Barber.

Membr. 5 b

1 July 1396

Lease from William Lyghtegrave, goldsmith, to Thomas de Tildeslegh, of a tenement with a large garden and two shops on the north side of the entrance thereof, for a term of 50 years at an annual rent of a rose for the first three years and afterwards of 26s 8d, the property being on the east side of Whitecrouchestrete (fn. 6) , whereof the tenements were bounded on the north by the tenement of John Bokelsmyth and on the south by that of Walter Abraham, and the garden on the north by that of John Bokelsmyth and on the south by that of Thomas Charlton, and the whole property on the east by the garden of Thomas Marys. The lessee covenanted to keep the buildings in repair against wind and rain, to amend the pavement when necessary, to surrender the property on completion of the term in good condition, except for damage from fires caused by others, sudden ruin and horrible tempest, and to give the lessor a yearly right of entry. Dated at London 23 June 1396.

16 Oct. 1396

Quitclaim from Fermyn de Haunchies, brother and attorney of John de Haunchies, Danish merchant, to Thomas Newenton, late sheriff, of all claims arising from the delivery from prison of John Hater, merchant of Coventry, during his shrievalty.

Membr. 6

6 July 1396

Assignment by John Isylham and Maud his wife, widow of Peter Widyton, pepperer, to Thomas Peroun, grocer, of the remaining period of a lease of a tenement in Bridge Street next to the Bars of the Bridge in the parish of St Magnus at a yearly rent of £22 10s for the first four years and one clove (fn. 7) afterwards, which premises the assignors had on a lease of 30 years, dating from 8 Dec. 1373, from Henry Hale, fishmonger, and John Patyn, fleccher, masters of the fraternity of the Blessed Mary of Salve [Regina] in the church of St Magnus at London Bridge, Sir Walter Broun, rector of the same church, William de Kyngeston, Henry Yivele and William Bys, citizens and brethren of the same fraternity. Dated 9 May 1396.

Bond of Thomas Peroun and Hamo Elyot, grocers, to pay the sum of £200 to John Isylham and Matilda his wife by half-yearly payments of £25.

Membr. 6 b

7 Aug. 1396

Brother John Lyes, warden of the house of the Friars Minor of London, demands an Assize of Nuisance against John Norhampton, draper, touching his free tenement in the parish of St Nicholas ad Macellas (fn. 8) , London.

Membr. 7

16 May 1396

Campyne Pinell brought a bill of complaint against William Halton, draper, William Horwich, tailor, William Roter, draper, and John Clopton, shearman, for detinue of two bonds, in which the said Campyne and Richard Underwode were severr ally bound to each other for the payment of £10. [French]

The defendants, being summoned by Robert Harry, the mayor's serjeant, appeared on 18 May and pleaded that the said Campyne and Richard had submitted themselves to their arbitration on terms specified in the bonds and under the agreement that, if one party disobeyed their award, the other party should have the bonds, and since they did not know whether the parties had obeyed the award or not, they prayed that the said Richard might be summoned to the next court.

On being summoned by Richard Walden, the sheriffs' serjeant, the said Richard made default. Therefore it was considered that the bonds be delivered to the plaintiff with damages against the said Richard taxed by the court at 40d.

12 Feb. 1396

Bond of John Colwell, alias Croydon, son and heir of Thomas Colwell, in £100 to William Fitzhugh, goldsmith, and Richard Rede, that he would leave the latter in undisturbed possession of lands and tenements in Mynchenlane (fn. 9) and elsewhere in the parish of St Dunstan by the Tower, acquired by them by demise of William de Forde, clerk, William Scryn, Robert Hethe and Walter Roo, the latter having obtained the property by feoffment of Thomas Mortemer, knight.

Footnotes

1 Secta. The Mercers already had a livery in 1347, worn by all the members. The restriction of the livery to the wealthier members was a development of the next century. Unwin's Guilds, pp. 103, 166.
2 Neither version of the Law of Oleron preserved in the city's Liber Horn and Liber Memorandorum contains any rule as to warranty of ships sold, nor does there appear to be any such rule in the customs of the sea as collected in the Black Book of the Admiralty. Warranty of title was not unusual. See Holdsworth, Hist. Eng. Law; viii, p. 246. Select Pleas of the Admiralty (Seld. Soc.), I, pp. 141-3; ii, pp. 16, 82, 91, 99.
3 Parley Chamberlayne. Cal. Pat. Rolls, 1391-6, p. 575.
4 Gerardus domini Benedicti de Albertis. Cf. p. 240. Gerardus filius Benedicti per nomen Gerardi domini Benedicti de Albertis.
5 A toll payable by traders on the last or burden of merchandise.
6 Whitecross Street.
7 Unum clavum gariofoli.
8 St Nicholas Fleshshambles.
9 Mincing Lane.


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Roll A 34:
1394-95