Roll A 9: 1363-64

Calendar of the Plea and Memoranda Rolls of the City of London: Volume 1, 1323-1364. Originally published by His Majesty's Stationery Office, London, 1926.

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'Roll A 9: 1363-64', in Calendar of the Plea and Memoranda Rolls of the City of London: Volume 1, 1323-1364, (London, 1926) pp. 266-280. British History Online https://www.british-history.ac.uk/plea-memoranda-rolls/vol1/pp266-280 [accessed 24 March 2024]

In this section

ROLL A 9

Membr. 1

27 Oct. 1363?

Pleas held in the Chamber of the Guildhall before John Not, Mayor, and the Aldermen on Tuesday (fn. 1) the eve of the Apostles Simon and Jude [28 Oct.] A o 37 Edw. III [1363]

Thomas Umfrey, citizen and mercer, recovered £56 from the late Sheriffs, James Andrew and John de St Albans, for allowing his debtor, Gilbert Alkberwe, to escape from Newgate. (L)

10 Nov. 1363

Hugh Malemakere was mainprised by John Seman, tanner, and Stephen Bradelee to keep the peace with John Glover. (L)

12 Nov. 1363

Robert Mauncell, mercer, admitted buying grain from John Huchecok of Eystan, before it reached the market. The grain was confiscated to the Sheriffs. (L)

10 Nov. 1363

Geoffrey de Whyteclyve, husband of Alice, daughter of Benedict de Fulsham, sued Master John de Neylond and Robert de Keteryngham, Rector of St Gregory's Church, executors of the will of Master Alan de Hotham, for £10 bequeathed to the said Alice. The executors pleaded that they had paid this sum together with another £20 bequeathed toElizabeth and Agnes, other daughters of the said Benedict, to their father as their guardian; and they produced an acquittance from Benedict. Thereupon a certain Master Thomas de Thornton, whose daughter had married Benedict's son, offered to pay the money to the aforesaid Geoffrey and Alice, who then exonerated the executors. (L)

Mainprised to keep the peace: Richard Lyndeseye, smith, with Thomas de Keyworth, smith; William Stocket with John Beneyt; John atte Hale, tanner, with Hugh Taillour. (L)

Nicholas Abraham was mainprised to hear the verdict in the action between himself and John Otewy. Peter Braynford, pouchmaker, was mainprised to appear in court. (L)

27 Feb. 1364

27 Feb. Ao 38 Edw. III [1363-4], Thomas Charleworth confessed that he had threatened Thomas atte Sheres, a juror, that he would eat him up, if he did not agree with his fellow-jurors. (L)

Peter de Braynford pleaded to his country (placitavit ad patriam) (fn. 2) that he refused to be bribed by Agnes Mortymer to give a verdict in her favour in a suit between her and Simon Barbour. (L)

26 Feb. 1364

John Forester, "sporyere," bailiff of Smithfield, was committed to Newgate for a year and a day for rescuing John Flemyng out of the hands of Henry Edward, the Mayor's doorkeeper, when the latter was taking him to Newgate for brawling. Monday after the Feast of St Matthias the Apostle [24 Feb.]. (L)

William de Essex, William Passeware, Richard Claveryng, "Hernicus" Lyndraper, drapers, and John Sely, Thomas Athelby, Elias de Thorp and Roger Cavendyssh, skinners, were chosen to represent their respective mysteries whenever summoned on City affairs. (L)

Membr. 1b

28 Feb. 1364

Pleas held before the Mayor and Aldermen on Wednesday in the octave of S t Matthias the Apostle [24 Feb.] A o 38 Edw. III [1363-4]

Hugh Wolverdyk, burgess of Bruges, sued Roger Abby, skinner, and Robert Godewyn, cutler, for £21 18s due on a bond. The defendants produced an indenture of defeasance, providing for the payment of the amount by instalments, which instalments they declared themselves ready to pay. The plaintiff thereupon appointed Richard Breynte his attorney to receive the amounts as they fell due. (L)

4 March 1364

John Broun, Sheriff's Serjeant, and Henry de Swanbourne, spicer, agreed to submit their disputes to the arbitration of Simon de Benyngton and John de St Albans, with the Re.corder, Thomas de Lodelawe, as umpire. (L)

Robert de Milne, skinner, was mainprised to keep the peace with Joan de Freston, mother of Cecilia Lynch. (L)

Alan Everard was mainprised to keep the peace with Thomas de Eston, and John Everard was mainprised to keep the peace with Alan Everard. (L)

8 March 1364

Award made by Henry Cove, William Wodeford, Thomas Eston and Richard de Northbury, between Alan Everard, mercer, of London and his apprentice John Everard, son of William Everard of Walpole, who had served five years of his apprenticeship. The apprentice was to answer for all sums of money lent by him, payment for which had not been received by Alan; he was to render account of all receipts in gold and silver in London and elsewhere, and to reimburse his master for all expenses which went beyond those usually incurred by an apprentice. The master granted that the apprentice should not be charged to pay sums which he did not acknowledge, on condition that the apprentice would confess and make restitution of any expenditure not known to his master. As a sign of obedience and respect towards his uncle and master, the apprentice was to contribute 40s towards a horse and hold the stirrup when his master mounted. Dated 8 March Ao 38 Edw. III [1363-4]. (F)

Robert Colyn, baker, was committed to prison for debts due to Roger... and John Lyghtfot, on sales of corn. (L)

William Strokelevedy, fishmonger, was mainprised by John Lytle, Alderman, to keep the peace with William Young and his son Thomas. (L)

Membr. 2

21 Feb. 1364

Pleas held before the Mayor and Aldermen on Wednesday the octave of S t Valentine [14 Feb.] A o 38 Edw. III [1363-4]

William Clerk of Lyndesele co. Essex brought a bill of complaint against Thomas de Ware, fishmonger, to whom he had bound John Pecche as apprentice, to the effect that the above Thomas did not exercise his trade, and had failed to provide for or instruct the apprentice, wherefore he prayed that the indentures be cancelled, and the apprentice turned over to another master. (F)

The defendant, who was then in Newgate, was brought into court and admitted the allegations. It was agreed that the indentures should be cancelled and that the defendant should return the 60s paid, subject to a deduction for one year's board of the apprentice. (L)

4 March 1364

Pleas held before the Mayor and Aldermen 4 March A o 38 Edw. III [1363-4]

William Saunford, clerk, Alexander Whitby, Edmund FitzJohn, John Wendout and Richard de Leycestre, executors of Robert Wendout, came into court with a bill from the Staple at Westminster setting forth that they had sued John Baldewyn, Lombard, a merchant of the Staple, for £120 in the Staple Court, and that the court, not desiring to trespass on the liberties of the City, had advised them to seek their remedy in London. (F)

The defendant was summoned to answer and appeared. [Breaks off.] (L)

23 Dec. 1363

23 Dec. Ao 37 Edw. III [1363], Robert Salle obtained judgment against Ralph, the treasurer of the Count de Noyeres, for a debt of 1700 florins called "mayles Florencie (fn. 3)." (L)

20 April 1364

Note that on 20 April Ao 38 Edw. III [1364], William Essex, draper, and John Dony, mercer, paid William de Burton, goldsmith, the sum of £16 us 9d on account of divers pleas moved by Thomas, son of Edmund de Hemenhale, against Henry, son of Edmund de Coventre, and others. (L)

13 June 1364

13 June Ao 38 Edw. III [1364], Robert Fourneux and Thomas Fourneux were mainprised to keep the peace with William de Somerby, clerk. (L)

Membr. 2b

Mainprised to keep the peace: Ellen Lucas with Roger de Salopia; Sampson de Swafham with John de Barton; Nicholas Cobbe with Isabel Howard. (L)

William de Assheford, brewer, who had been charged with selling beer against the proclamation, was committed to prison for a year and a day for saying in the Mayor's presence that the late Mayor, Stephen Cavendyssh, had committed extortions on the brewers of the City whilst seeing that the Assize of Beer was duly kept. (L)

16 March 1364

Writ of protection in favour of John atte Ram, who was then intending to cross to Gascony in the company of Edward, Prince of Aquitaine and Wales. Dated at Westminster, 16 March Ao 38 Edw. III [1363-4]. (L)

John Stanes, John Stiel, cook, John Phippes and Laurence Flemyng were mainprised to keep the peace with Isabel Howard. (L)

Walter Wynter was mainprised for his good behaviour. (L)

Isabel Howard complained that John Stiel, cook, John Stanes, hosier, William Iryssh, tailor, John Phippes and Laurence Flemyng, shearman, had threatened her, and that Nicholas Cobbe had taken away her hood. (L)

Richard de Olneye was mainprised in £20 to keep the peace with Thomas de Depham in accordance with the King's writ de minis. (L)

Ralph de Cauntebrugg was mainprised to keep the peace with John atte Harpe, brewer. (L)

4 May 1364

Pleas held before the Mayor and Aldermen on Saturday after the Feast of SS. Philip and James [1 May] A o 38 Edw. III [1364]

Hugh le Chaloner was attached to answer a plea of detinue of chattels, to wit, 18 lbs of English woollen yarn, which had been entrusted to him by Robert de Southfolk of Smithfield wherewith to make a blanket, for which English yarn he was alleged to have substituted Spanish yarn of no value. He pleaded not guilty. A jury drawn from Smithfield, and from St Clement's Lane, where the defendant lived, brought in a verdict that he made the blanket out of the same English yarn that he received. Judgment that the plaintiff gain nothing by his action and be in mercy, and that the defendant be acquitted. (L)

Robert Chaumpaygne and Robert le Sadelere were mainprised to keep the peace with John de Norlawe, John Pertrich, John atte Hale, Ralph Alewy, William Thomer and Thomas Pertrich. (L)

Membr. 3

17 June 1364

A Congregation of Mayor and Aldermen in the Chamber of the Guildhall on Monday the Feast of S t Botolph [17 June] A o 38 Edw. III [1364]

Geoffrey de Newenton brings a plaint of Intrusion against Robert Lucas and Juliana his wife, touching his free tenement in the parish of All Hallows the Less on the Cellars; and also demands an Assize of Nuisance. (L)

The Dean and Chapter of St Martin-le-Grand demand an Assize of Nuisance against Isabella atte Belle, touching their free tenement in the parish of St Audoen. (L)

John de Bradele, then in Newgate, was bound over to keep the peace. (L)

12 June 1364

Writ de minis to the Mayor and Sheriffs, as Custodes Pacis (fn. 4), notifying them that the King had taken John William, who was suing Thomas de Thornton, " pavilloner (fn. 5)," under his protection and bidding them to take security in £100 from the said Thomas for his good behaviour towards the said John, and if he refused, to commit him to Newgate. The return to be made in Chancery. Dated at Westminster, 12 June. (L)

Return that Thomas de Thornton had been summoned before the Mayor and mainprised to keep the peace. (L)

6 June 1364

Similar writ on behalf of William de Somerby, clerk, against Thomas Forneux and Robert Forneux, tailors. Dated 6 June. Similar return. (L)

William Baldewyne, John Lenechild, Alexander Dykeswell, Gerard atte Nok and other saddlers were mainprised to keep the peace with Godfrey le Sadelere, John Bunne and Ulleric le Sadelere, who likewise were mainprised to keep the peace with the above William and his fellows. (L)

John Spark, saddler, was committed to Newgate for threatening Henry de Sutton, the King's Coroner, in the discharge of his duties. (L)

Membr. 3b

1 July 1364

A Congregation of Mayor and Aldermen in the Chamber of the Guildhall on Monday the octave of S t John the Baptist [24 June] A o 38 Edw. III [1364]

William de Assheford, brewer, demands an Assize of Nuisance against Symon de Codyngton, touching his free tenement in the parish of All Hallows " Berkyngecherche." (L)

Robert Mareschall was mainprised to keep the peace with Richard Freman, Isabel Smert and Adam Boueton. (L)

Writ de minis in favour of Thomas de Thornton, "pavilloner," and return. 20 June. (L)

17 July 1364

Wednesday before the Feast of S t Margaret Virgin [20 July] A o 38 Edw. III [1364]

John Bysouthe and John Prychet, tanners, were sworn surveyors of their mistery. (L)

Certain unnamed pinners were mainprised to pay a fine of 40s to the Chamber. William de Brakele, pinner, was mainprised to keep the peace with John Sharp, pinner; and William Lincolne, saddler, and Roger de Excestre to keep the peace with Roger Wowbourne, William Baldewyne and Richard Broke. (L)

12 Feb. 1364

Writ of Protection in favour of Simon Piedelewe, merchant of Amiens. The said Simon is not to be molested by reason of any rent or farm, which the citizens of London may allege to have been due from, and paid by, the town of Amiens before the late war. Dated at Westminster, 12 Feb. Ao 38 Edw. III [1363-4]. (L)

12 Aug. 1364

A Congregation of Mayor and Aldermen in the Chamber of the Guildhall on Monday after the Feast of S t Laurence [10 Aug.] A o 38 Edw. III [1364]

Thomas de Hayton, parson of the Church of St Bride's, Fleet Street, Robert de York, William de Bath, Simon atte Nax and John Rote, parishioners, bring a plaint of Intrusion against Brother William, Rector of Asherugge, and John atte Ree, brewer, touching their free tenement in the said parish. (L)

2 Sept. 1364

A Congregation of Mayor and Aldermen on Monday after the Feast of the Decollation of S t John the Baptist [29 Aug.]

William de Cranesle, Rector of the Church of St Vedast, Robert de Boxford, Thomas Hassa, William de Lyncoln, Thomas Reynham and Thomas de Hynxton, parishioners, demand an Assize of Nuisance against Robert Wetherdeleye, Master of the College of the Chapel of Corpus Christi next to the Church of St Lawrence by Candlewick Street, touching their free tenement in the parish of St Vedast. (L)

Membr. 4

Roger de Excestre, John de Excestre, John Bricheford, John de Hamstede, John Lubek, Robert Croukhorn, Richard Askebourne, Robert Fry, John Plater and other saddlers of Friday Street were bound over to keep the peace with Geoffrey le Sadelere, John Bunne and Ulleric le Sadelere. (L)

19 July 1364

Pleas held in the Chamber of the Guildhall on Friday before the Feast of S t Margaret Virgin [20 July] A o 38 Edw. III [1364] before the Mayor and Aldermen

Nicholas Lancastre, herald, brought a bill of complaint against Henry de Mordon, fishmonger, for refusing to give up a tenement in Friday Street. (F)

The defendant pleaded that the plaintiff and his wife Idonea leased the tenement to Robert Brabazon and his wife Agnes for a term of ten years, and that on the death of Robert Brabazon, the defendant married his widow Agnes. He demanded judgment as to whether the plaintiff could recover the tenement from Agnes before the lease had expired. The plaintiff, by his attorney, Richard Gyllyng, denied making the lease in the manner alleged. A jury was summoned, but the plaintiff made default. Judgment for the defendant. (L)

Sureties were accepted for Agnes, wife of John Cotiller, that she would instruct her apprentice, Juseana, in a proper manner, would find her in food and drink, and would not beat her with stick or knife. (L)

Adam Stable was mainprised by John Feraunt and Thomas Everard for payment of £ 15 8d for fish bought at Blakeneye. (L)

Thomas atte Leghe, Ralph Gobbe, Walter de Wethersfeld and Roger Streyt were similarly mainprised. (L)

Membr. 4b

25 Sept. 1364

William atte Felde, butcher, entered into a recognizance to pay 51s to John de Hylton, 25 Sept. Ao 38 Edw. III [1364]. (L)

13 July 1364

Writ to John Notte, Mayor, Robert de Charwelton, Remembrancer to the Exchequer, and Walter de Leycestre, Serjeant-at-Arms, bidding them to restore to John de Chichestre (fn. 6), late Master of the King's Mint in the Tower, the lands, tenements and goods they had seized by the King's order in consequence of a deficit of £760; since the above John de Chichestre had been mainprised by John de Hiltoft, James de Thame, William de Burton, John de Mappulsden, Nicholas Pluket and William de Tyngewyk, all of London. Witness the Treasurer, the Bishop of Bath and Wells, at Westminster, 13 July Ao 38 Edw. III [1364]. (L)

John de Bridcote, brewer, sued Geoffrey de Westwyk before the Mayor and Aldermen in the Chamber of the Guildhall for a debt of £21. The said Geoffrey made default. Thereupon his tenants (fn. 7), Geoffrey Levelyf and Richard atte Forstall, were summoned to court and ordered to pay to the plaintiff the arrears of their rents due to the defendant, which they did, subsequently paying further instalments at the Feast of St John the Baptist. On 17 Oct. Ao 38 Edw. III [1364] the plaintiff and defendant came to terms. (L)

16 Aug. 1364

Inquest before the Mayor and Aldermen on Friday after the Feast of the Assumption [15 Aug.] as to the cause of an affray at St Martin-le-Grand on the preceding day. The jurors found that it was caused by Richard Sturdy, skinner, John Twe and certain apprentices of Isabel Gobbe, stockfishmonger, whose names they did not know, John Trigge, "fresshfishmongere," Hugh Brenge and William Barbour, and that the last-named assaulted John Charnels, the Sheriff's serjeant, with a knife. (L)

29 July 1364

Pleas held before the Mayor and Aldermen on Monday after the Feast of S t James [25 July] A o 38 Edw. III [1364]

John Robyn of Hertford, who had been apprenticed by Richard Ikelyngford to John Brid, draper, brought a petition praying to be exonerated from his apprenticeship, on the ground that his master was a fugitive at St Martin-le-Grand (fn. 8), whence he dare not stir, and accordingly was unable to instruct him in his trade. (F)

John Chamberleyn, serjeant, was ordered to summon the said John Brid to show cause etc. The latter did not appear. Permission was then given to the apprentice to take service with whom he would, free from any claim by his late master. (L)

7 Oct. 1364

Thomas de Rothyng, apprentice of Henry Taillour, hurer (fn. 9), was committed to Newgate, 7 Oct., for ill behaviour towards his master, and for leaving his master's service. (L)

Membr. 5

John Wyllarby, John Northfolk, John Abyndon, Walter Heston, Roger Bever, Thomas Essex, John Pakenham, Roger de Dalby, John Reve, tailors, and Richard de Stanford, dyer, were mainprised to keep the peace.

John Lebbel was mainprised for judgment.

John Maas and John Trigg, fishmonger, were mainprised to keep the peace.

1 Aug. 1364

A schedule of the names of those who on the Feast of St Peter ad Vincula [1 Aug.] insisted upon an interview with the King at "Haverynge atte Boure" in an irregular and foolish manner, and for that reason were committed to Newgate. Afterwards the King by a special act of mercy sent a message by his Steward, John atte Legh, ordering the Mayor and Commonalty to release these persons on mainprise for their good behaviour, and on the understanding that they would inform the officers of the City of any confederacies or conspiracies made in taverns or other secret places against the peace.

Richard de Chesham, shearman; William Hathewolf, John atte Hache, Gilbert de Waldene, Ralph de Morton, William de Thorp, John de Tiryngton and Henry Gerard, tailors; William de Berkhampstede, William Moteshunte, John Sheme, Thomas Briggewater, Richard de Wendon, fullers; John de Claveryngge, dyer, William Mohant, "birlstere," John de Bathe, "webbe," Adam de Chippenham, chaplain, and Peter Whappelode, tailor.

Note that the above schedule was sent to the King and a copy was placed in the Mayor's Bag for the 38th year of King Edward. (L)

Membr. 5b

John de Swanton, junior, leatherseller, Thomas de Swafham, draper, Richard de Berkeweye, William Stoket, Robert Toyt, John Smert and John atte Brigge, "bouchers," and John Boner were mainprised to keep the peace with Richard atte Putte, Hugh Scot, Agnes Tidilamb, John Ellescompe, fuller, Cecilia Mershton, John Hertyng and William Ghynam respectively. (L)

7 Sept. 1364

A servant of James Andrew brought a piece of white longcloth to the Guildhall to exhibit its defects to the Mayor and Aldermen. The cloth having been inspected by six viewers specially appointed, they reported on oath that the cloth had been boiled in a dyer's vat and stained with various black stains, losing 40s value thereby. (L)

21 Sept. 1364

John Cotyller and Joan his wife, John Irlond and Agnes his wife, and Isabel Hemyng were charged with creating a disturbance. A jury found them guilty and added further that the women were common scolds (communes garulatores) and brawlers. They were committed to Newgate. (L)

Thomas de St Albans, Serjeant of the Chamber (fn. 10), who was assisting the Prior of "Overee" in Southwark to distrain for rent in the house of Robert Corn in the parish of St Mary "Appechirche," was assaulted by the said Robert Corn and his servant Robert Holm. The said Robert and Robert, being arrested by the Mayor, were committed to Newgate, but on their promising in the Husting on Monday after the Feast of St Luke the Evangelist [18 Oct.] to conduct themselves well in future, they were released on surety. (L)

15 Sept. 1364

Thomas Castel of Estham was committed to Newgate for selling corn dearer at Berkyng than in London. He was released on his promise not to offend again. (L)

Membr. 6

John Cotyller and Joan his wife were mainprised for their good behaviour by Master Henry Wotton, "lecche (fn. 11)," and John Lucas, clerk. (L)

25 June 1364

Pleas held before the Mayor and Aldermen on Tuesday the morrow of S t John the Baptist [24 June] A o 38 Edw. III [1364]

Alice, wife of John Frembaud, knight, brought a bill of complaint to the effect that she was being kept out of possession of a messuage and garden formerly belonging to Henry de Seccheford in the parish of St Leonard, and devised by him to his son Henry for life with remainder to the plaintiff. The son had leased the property for six years to William de Salisbury, goldsmith, and had since died. Though the term of six years had expired and the property should have passed to the plaintiff, the tenant refused to surrender possession. (F)

The defendant appeared on summons and pleaded that the said Alice had already had possession and had conveyed the property to him and his assigns during the term of her own life. The plaintiff denied this. In order to have the issue between the parties more clearly defined, the defendant was examined, whereupon he admitted that the plaintiff had made him no grant. He was ordered by the Court to give possession at Michaelmas. (L)

William Hunte, "pursere," who had been sued both at Westminster by writ and in the Sheriffs' Court by John Lubek, saddler, with regard to an apprentice Richard, seeks a remedy under the following circumstances. He and the above John had agreed and been sworn on the book before the Mayor and Recorder that they would submit to the award of six arbitrators, three being chosen by either party, and that in case the arbitrators could not agree, they would abide by the decision of John de Cauntebrigg as umpire (nounpier). The six arbitrators had met at the Church of St Thomas of Acres on 25 Oct. Ao 38 Edw. III [1364] and had failed to agree. The said John's arbitrators then refused to accept either John de Cauntebrigg or any other person as umpire. (F)

Henry Montagu was mainprised to pay a fine of 20s to the Chamber and to keep the peace with Roger Newe, clerk, and Peter de Rameseye, brewer. (L)

Membr. 6b

15 Oct. 1364

Pleas held before the Mayor and Aldermen on Tuesday after the Feast of S t Edward King [13 Oct.] A o 38 Edw. III [1364]

John van Stene, merchant of Ghent, brought a bill from the Staple of Westminster desiring the Court to do him justice in an action for debt of £23 3d against John Peutre, mercer, of London. (F)

On the debtor making default, John de Nanton, serjeant, was ordered to distrain him for his appearance, and made a return that he had no goods in the City on which to distrain. (L)

The above John van Stene sued Henry Forster, mercer, for a debt of £4 17s. The parties failed to appear, and no return was made to the distringas. (F and L)

William de Burton of Westminster was bound over to keep the peace with John Osebern of Luton. (L)

Membr. 7

4 Sept. 1364

Pleas held before the Mayor and Aldermen 4 Sept. A o 38 Edw. III [1364]

John atte Ram of " Baynardescastel" brought a letter under the Privy Seal, dated at the King's Manor of " Yeshampsted (fn. 12)," enclosing a petition sent to Sir William de Wikham (fn. 13). The writ ordered the Mayor and Aldermen to call before them an action of debt moved in the Sheriffs' Court by Peter de Mildenhale against John atte Ram for £40, and to assist the latter by way of equity and good faith (par voie de equite & de bon foy). The petition, which was written by John atte Ram, set forth that Peter de Mildenhale had contracted a loan of £20 (fist une chevaunce de xxli) to a certain Philip le Walisshe, who received ermine supposed to be of that value, but when the said Philip came to sell it, a confederate of Peter only allowed him £14 in cash for it (fn. 14). In order to obtain the loan at all, Philip had to find two sureties in £40, namely a certain John Monde and the petitioner. Subsequently the said Peter had sued the petitioner as surety for £40, and had been awarded by the Court a white longcloth value 8 marks, and had caused John Monde to be attached in Newgate, until Sir Nicholas de Lovaigne had undertaken to pay the debt. Nevertheless he had again sued the petitioner in the Sheriffs' Court, and the petitioner, having no reasonable warning and being without a counsel or advice, had in his ignorance denied the obligation, as a result of which he was in danger of ruin. Accordingly the petitioner prayed Sir William de Wykham to order the Recorder to examine the matter, so that it might be shown to be a usurious bargain, for which the said Peter had already received part payment; and in any case all liability had been assumed by Sir Nicholas de Lovaigne for John Monde (fn. 15), wherefore the petitioner ought to be discharged from the suit. (F)

On receipt of these letters, the Mayor and Aldermen summoned the parties, who appeared. Peter de Mildenhale denied the allegations made against him and demanded to acquit himself by the verdict of a jury. Subsequently the petitioner failed to appear, but the Court decided to take the verdict in his absence. The jury found the said Peter not guilty as regards the articles contained in the petition. (L)

Footnotes

  • 1. There is an error of date here. The Feast of SS. Simon and Jude, 28 Oct., fell on a Saturday that year.
  • 2. I.e. put himself on the verdict of a jury.
  • 3. The Florentine "maille" was worth about 25d. See above, p. 258.
  • 4. For the development of Justices of the Peace, see above, p. 128, n. 2.
  • 5. A maker of pavilions or tents.
  • 6. John de Chichestre, goldsmith, Alderman of Farringdon Ward 1357-77, Sheriff 1359, and Mayor 1369, was appointed Master and worker of the King's Mint on 12 July 1351. Cal. Close Rolls, 1349-54, pp. 379-80. In 1354 Hugh de Wychingham had a grant of the King's exchanges at the Mint and elsewhere, and next year, 14 Dec. 1355, William Potter of Ipswich was appointed Master and maker of moneys. Ibid. 1354-60, pp. 59, 235. Apparently John de Chichestre's deficit was satisfactorily explained, as he was again Master of the Mint 1367-72. See Beaven's Aldermen of the City of London, i, p. 388.
  • 7. "By the custom of London, if A is indebted to B and C is indebted to A, then B upon entering a plaint against A may attach the debt due from C (who is called the garnishee) to A; and this custom of foreign attachment is to no other purpose but to compel an appearance of the defendant in the action, for if he appear within a year and a day, and put in bail to the action, the garnishee is discharged." The Laws and Customs of London, A.D. 1765, p. 113. See also Lib. Alb. i, pp. 207-8.
  • 8. St Martin-le-Grand was a collegiate church of secular canons founded by Ingelricus in 1056. Tanner's Notitia Monastica, p. 296. Various privileges, including sanctuary, and exemption from ecclesiastical and civil jurisdiction were granted by a charter of William I in 1067. Muniments of the Dean and Chapter of Westminster. The precincts of the church served as a refuge for fraudulent debtors and other parsons of evil character, a state of affairs which led to a long drawn-out struggle between the Dean and the City authorities, in which the latter, though they had the sympathy of Parliament, were defeated owing to the legal strength of the chartered privileges of St Martin's and the Crown's unwillingness to offend the Church. An interesting account of the struggle, with full references to authorities, is given by Miss Isobel Thornley in "The Destruction of Sanctuary," in Tudor Studies, A.D. 1924, edited by R. W. Seton-Watson, pp. 187-96. See also Cal. of Letter Book K, pp. xxix-xxxiv.
  • 9. A maker of "hures," or woolly caps.
  • 10. By the custom of the City a landlord who made a distress for rent in arrears was accompanied by an official of the City in order that the peace might be maintained. See above, p. 153.
  • 11. Leach or physician.
  • 12. Sc. Easthampstead.
  • 13. William of Wykeham, at this time Archdeacon of Lincoln, and subsequently Bishop of Winchester and Chancellor, founder of Winchester College and New College, Oxford.
  • 14. This kind of bargain—whereby a man bought a quantity of goods, entering into a recognizance to pay a certain amount, which goods were then sold to a confederate for a lesser sum—was known as "chevisance." In the present instance, it was alleged that the borrower thus received £14 and promised to pay £20. Ordinary usury, or lending money on interest, was forbidden by ecclesiastical law, with the result that it was cloaked under the guise of legitimate bargain and sale. A special effort to deal with usurious bargains was being made in the City at this time. A writ of 7 March ordered the appointment of two aldermen and four commoners as commissioners to try such cases, and urged the City authorities to make ordinances on the subject. Steps were immediately taken t6 comply. The writ and subsequent ordinances are set out in Lib. Alb. i, pp. 367-71; ii, pp. 142-6, from Letter Book G, fos. cxvii-cxviii b.
  • 15. When two persons were jointly bound to pay a debt, which was discharged by one of them, the other debtor was quit against the creditor, though he might be sued by his fellow-debtor to pay his portion. Lib. Alb. i, pp. 206-7.