c. 1530.
Humbly complaineth unto your gracious Highness your poor orator and humble subject John Rastell, that where your said orator delivered to one Henry Walton certain parcels of stuff and goods to the value of 20 marks, safely to keep to the use of your said orator, that is to say, a player's garment of green sarcenet lined with red tuke and with roman letters stitched upon it of blue and red sarcenet, and another garment paned with blue and green sarcenet lined with red buckram, and another garment paned likewise and lined as the other, with a cape furred with white cats, and another garment paned with yellow, green, blue, and red sarcenet, and lined with red buckram. Another garment for a priest to play in, of red Say, and a garment of red and green Say, paned and guarded with gold skins, and fustians of Naples black, and sleeved with red, green, yellow, and blue sarcenet. And another garment, spangled, of blue satin of Bruges, and lined with green sarcenet. Also two old short garments, paned of satin Bruges and of sarcenet of divers colours in the bodies. Also a woman's garment of green and blue sarcenet, chequered and lined with red buckram, also two caps of yellow and red sarcenet, and two curtains of green and yellow sarcenet. Also two long broad pieces of blue linen cloth, with lyre in them. Also three pieces of open silvered linen cloths; also onelong broad piece of red buckram. Which said stuff and goods the said Walton promised to deliver again to your said orator, whensoever he should be by your said orator thereto required. Which said stuff and goods, after the said delivery to him made, the said Walton occupied at his pleasure, by the space of half a year and more, during the time that your said orator was in the parts beyond the sea, in France. After whose coming home your said orator demanded of the said Walton relivery of the said stuff and goods, to whom the said Walton answered and said that he would bring him home the said goods and stuff, yet that notwithstanding he brought to him no part thereof, but drove him forth from time to time, by the space of two or three weeks, during which time the said Walton, unknown to your said orator, which was every day continually in the said city, and constantly in company with the said Walton, craftily, falsely, by the subtle advice and counsel of a clerk of the Mayor's Court in the City of London, and by a Sergeant of the same Court, entered a false feigned plaint, put in bill in the said Court, against your said orator, supposing that your said orator should owe to the said Walton 40 shillings stirling, wherein indeed your said orator owed him never a penny, and by the custom of the said City made attachment of the said goods and stuff being in his own hands, and caused that one John Wilkinson, plasterer, and one Thomas Curtis, were assigned to be pricers; which Wilkinson, at the request and desire of the said Henry, priced the said goods and stuff but to the value of 35s. 9d., which goods and stuff at that time were well worth 20 marks and above. Upon which pricement the said Henry had judgement to recover the said goods and stuff, for the which your said orator can never have remedy by course of the common law; and though your said orator within the year did put in surety to answer to the said plaint and bill, and to disprove the said action, yet your said orator could never, nor shall never by the order of the common law, there recover again the said stuff and goods, but shall recover no more for them but only the sum wherefor they were priced, which is but 35s. 9d. as is before said; and so hath and shall, by such falsehood, subtlety, and design of the said Walton, and of the said Wilkinson and Curtiswhich were pricers, lose 11 or 12 pounds or above, and is without remedy therefore for ever, except your gracious Highness be showed to him in this behalf. In consideration whereof it may please your Grace and your most honourable Council to command one of your officers of arms to go to the said Henry Walton and to the said John Wilkinson and Thomas Curtis, and to command them in your name to appear before your Grace and your honourable Council at Westminster, there to answer to the premises and there to be directed according to right and good conscience; and your said orator and subject shall daily pray for the preservation of your Royal estate, long to endure.
(Signed)Johannes Rastell.
The answer ofHenry Waltonto the Bill of Complaint ofJohn Rastellgentleman.
The said Henry Walton by protestation saith, that the said goods in the bill of complaint of the said John Rastell mentioned, be not of so great value as in his said bill of complaint is supposed. And saith that the said bill of complaint is uncertain, and insufficient in the law to be answered unto, and the matter therein contained feigned and craftily imagined, to the intent to put the said Henry Walton to great costs and expenses. Nevertheless, for answer and declaration of the truth, the said defendant saith that it appeareth by the bill of the said complainant that he hath no cause of action in this honourable court, for it appeareth by his bill of complaint that the said goods be recovered in the King's Court holden before the Mayor and Aldermen of the City of London, according to the custom of the said City. And further, the defendant saith that he brought an action of debt against the said John Rastell of 40s. in the said court; and he, the said Henry Walton, having in his own keeping the said goods in the said bill of complaint supposed, attached them in his own hands, according to the custom of the said City; which goods wereafterwards, by the commandment of the said court, by the said John Wilkinson and Thomas Curtis, were praised at 35s. 9d. And where the said John Rastell, in his said bill of complaint, saith that the goods aforesaid were praised much under their value, the said Henry Walton saith that they were praised to as much as they at the time of the praisement were worth. And where the said complainant in his said bill of complaint saith that he oweth not the said defendant the said 40s. and is without remedy, the said Henry Walton will aver that the said John Rastell oweth him the said 40s. And also the said Henry saith that the said John Rastell might have come into the said court, holden before the Mayor and Aldermen aforesaid, within the year and the day according to the custom, and there to have put in sureties, and so to have dissolved the attachment, but hath suffered and s....psed his time. And the said Henry Walton shall aver that the said goods were of no more value than they were priced at, for they were rotten and torn players' garments. Without that that the said Henry Walton craftily or falsely, and by subtle advice of his counsel, commenced the said action against the said John Rastell, in manner and form as he in his said bill untruly hath alleged. And without that that anything being material or effectual in the said bill, otherwise than in the said answer of the said Henry, is alleged is true. And in as much as the said goods be lawfully recovered in the King's Court, holden before the Mayor and Aldermen in the City of London aforesaid, being a Court of Record, the which record cannot be undone without errer or attaint, therefore the said Henry Walton prayeth to be dismissed out of this honourable court, with his reasonable costs and expenses for his wrongful vexation, &c.
The replication ofJohn Rastellto the Answer ofHenry Walton.
The said John Rastell saith that his said bill is true, and certain, and sufficient to be answered unto, and matter determinable in this honourable court, and will aver everything to be true contained in the said bill of complaint; and that the said answer is uncertain and insufficient to be answered unto, and matter feighed and untrue. And further saith that the said John Rastell, as soon as he had knowledge that the said Walton had commenced the said action of debt of 40s. in the said Mayor's Court in London, the said Rastell came into the said court and there put in surety to the said action. Whereupon the said Walton declared against the said Rastell that the said Rastell should owe to the said Walton 40s., for that that the said Rastell confessed himself in the said City of London to owe to the said Walton 40s., to the which the said Rastell answered and tended his law, according to the custom of the said City, that he owed nothing to the said Walton in manner and form as the said Walton against him declared. Whereby the said Walton perceived that upon the said plea and tender his said action should be dissolved; demurred in law upon the same plea, which demurrer, what for lack that the Recorder of the said City and other Councillors can have no convenient time to argue the said matter, and also for lack that the counsel for the said Walton was not ready when the said matter of law should be argued, the said matter as yet doth depend there undiscussed. But yet the said John Rastell saith that if the said matter be discussed and judged for the said Rastell, as undoubtedly it will be, yet the said Rastell, by the custom of the said City, shall never recover again his said goods, nor stuff, but only 35s. 9d. for the said stuff, so that in the said court he hath no other remedy nor record to punish the said Walton nor the said praisers for their said deceit and falsehood in praising of the said goods and stuff at 35s. 9d., which were worth at that time 20 marks and above, as in the said bill of complaint is alleged; for the great part of the said goods were garments of silk and other stuff, fresh and newly made, with much workmanship done upon them, to the great cost and charge of your said orator, without that that the said goods were at the time of the said appraisement of no more value than they were praised at. And without that that they were gone rotten and torn players' garments, for the said Rastell saith that the said Walton hath letten them out to hire to divers stage-plays and interludes, and hathreceived and had for the hire of them since the said praisement of them the sum of 20 nobles and above. And without that that any other thing material or effectual in this said answer alleged necessary to be replied unto is true. All which matters your said orator is ready to prove and aver as this court will award, and prayeth as he prayed in his said bill.
The parcels confessed by Walton.
Interrogatories for Fishpole.
Im primis.—Whether Fishpole know any of the said garments.
Item. Whether Fishpole made the two long garments of sarcenet down to the ground, and one green gown to the fall of the leg, with wide sleeves of sarcenet, and whether every of them contained not 7 or 8 yards of sarcenet, and whether every of them were not better than 20s. apiece, and whether if such garments were made of new stuff, would not have cost almost twice as much money.
Item. Whether that Fishpole made not a woman's gown of sarcenet of small pieces, and whether it was not worth 20s. and better.
Item.Whether he made not two other garments with wide sleeves of small pieces, and whether they were not worth 20s. or a mark apiece.
Item.How long Fishpole was a-making of them, and whether he had not the while 4d. a day and meat and drink, and whether Rastell's wife hath holp him to sew them.
Item.Whether Walton hath not the same garments lent to him by Rastell, and whether Walton hath not continually this 4 year let them to hire for stage-plays and interludes, above 3 or 4 score times, and what he used to have for a stage-play, and what for an interlude, and how much money he hath won thereby.
Item.What the short spangled garment of blue satin of Bruges was worth, and what every other garment and piece was worth.
Interrogatory ex parteRastell.
Item.Whether about 3 or 4 years now past, about which time the King's great banquet was at Greenwich, which this deponent saw, the said garments were occupied there, some in divers stage-plays and interludes, by the letting to hire by Walton, as it was reported, and at that time they were fresh and new, and seemed little the worse for any wearing of them before.
Depositions for the part ofJohn RastellagainstHenry Walton.
[Deposition ofWilliam Fishpole.]
William Fishpole of London, tailor, of the age of 60 years and above, sworn and examined upon his oath, saith that he made two long gowns down to the ground, of sarcenet, one of them of blue and yellow sarcenet, lined with red tuke or red buckram, whether of the same lininghe now remembereth not, and another of green sarcenet, but whether it were lined or not he remembereth not now, which gowns coming to him in pieces contained in every piece 6 ells or thereabouts. And also he saith that if he should have bought out of the mercer's shop, every ell would have cost 6s.; and he saith that every gown was worth 20s. and above. And also he saith that he made a garment for a gallant with wide sleeves, the one side of red and yellow sarcenet, and the other side blue and red lined with red tuke or red buckram, which was a costly garment, better than 20s. And if they had been bought of new stuff it would have cost much more money. And also he saith he made a woman's gown of sarcenet, blue and yellow, as he remembereth, and it was made in quarrels or lozenges, he remembereth not whether, and was a busy work, and Mistress Rastell did help to sew that, and part of the gallant's gown also. And it was lined with red tuke or buckram and garnished with gold skins, as he remembereth, and it was better than 20s. and it was worth a noble the making. And how long he was in making of them he remembereth not, but he had 4d. by the day, meat and drink. And further he saith that he hath heard say, that the said Rastell lent to Walton the said garments, and that he used them in stage-plays. And further he saith that there was a short spangled garment of blue satin of Bruges, and was lined with green sarcenet, which was better than any of the other garments; which he made not, but every one of them, one with another, were better than 20s., and more he knoweth not herein.
(Signed) per meWilliam Fishpole.
[Deposition ofGeorge Mayler.]
George Mayler of London, merchant tailor, of the age of 40 years, sworn and examined upon his oath, saith that he knew the said garments, but how many there be in number he remembereth not, for he hath occupied and played in them by the lending of Walton, and he saiththey were worth 20s. apiece and better. And he saith he knoweth well that he lent them out about 20 times to stage-plays in the summer and interludes in the winter, and used to take at a stage-play for them and others, sometimes 40d., sometimes 2s., as they could agree, and at an interlude 8d. for every time. But how many times he perfectly knoweth not, but by estimation 20 times a year in interludes. And he saith that he hath seen the curtains of sarcenet, but how many ells they contained he knoweth not, but it was worth 40d. every ell, and he saith that he had buckram and tuke, but how many yards he knoweth not, but it was better than 2d. a yard; and further he saith that the summer when the King's banquet was at Greenwich, he saw the same garments occupied in divers stage-plays, and occupied part of them himself by the lending of other players that Walton had lent them to hire, which then were fresh and little worse for the wearing; and more he knoweth not.
(Signed) per meGeorge Mayler.
[Deposition ofGeorge Birch.]
George Birch of London, carrier, of the age of 32 years or thereabouts, sworn and examined saith, that he knew well a player's garment lined with red tuke and stitched with Roman letters upon it of blue and red sarcenet; another garment paned with blue and green sarcenet, lined with red buckram, and another garment paned with yellow, green, red, and blue sarcenet, lined with old red buckram; another garment spangled of blue satin of Bruges, lined with green sarcenet, and a woman's gown or garment of green and blue sarcenet, checked and lined with red buckram; in which garments this deponent and his company played in while they remained in the hands of the said Rastell. And he saith that every garment, one with another, were worth 20s., and that Walton did let out the same garments to hire to stage plays and interludes sundry times, but how many times he knowethnot. And further he saith that the common custom is at an interlude 8d. for the garments, and at a stage play as the parties can agree. And he saith if they had been made of new stuff they had been much more worth. And he saith he saw the curtains of sarcenet, but how many ells they were he knoweth not, but every ell was worth 3s. And further he saith that 3 or 4 years past, when the King's banquet was at Greenwich that summer, he saw the said garments played in 3 or 4 times, by the lending of the said Walton, and at that time they seemed fresh and good garments, and more he knoweth not.
(Signed) per meGeorge Birch.
[Deposition ofJohn Redman.]
John Redman of London, stationer, of the age of 22 years, sworn and examined upon his oath, saith that he knew the said garments, but how many was of them he remembreth not; and this deponent played in the same divers times when Walton had them, but what they were worth he knoweth not, but they were little worse than new. And this deponent saith that he knoweth that the said Walton divers times lent them out, but what hire he had for them he knoweth not, neither in stage-play nor in interludes; but as to the 6 garments, that is to say 4 gowns of sarcenet, a woman's gown, and a spangled garment, they were good, fresh, and little the worse for the occupying when he knew them first in Walton's hands, and by estimation they were worth 20s. apiece, for they were lined and guarded part with gilt leather; and the curtains of silk were fresh and new; and there were garments of dornyke and saye, which he well remembereth, and more he cannot say.
per meJohn Redman.
The interrogatories ofHenry WaltonagainstJohn Rastell,whereupon witnesses to be examined.
First, whether the said John Rastell did owe any suchsum of money as within the answer of the said Walton is alleged and submitted.
Item.—Whether the said Walton made lawful attachment of such goods as are comprised within the bill of complaint of the said John Rastell.
Item.—Whether the said goods were indifferently appraised by indifferent persons elect and chosen by lawful officers within the City of London to be praisers there.
Item.—What and how much of value the said goods were appraised unto.
Item.—Whether the said goods were lawfully recovered by the custom and law of the said City of London.
Item.—Whether the said goods were delivered unto the above-named Henry Walton by lawful officers of the same City of London.
Item.—Whether the said goods were of any more value or substance than they were praised unto.
Item.—Whether the said goods were fresh and new, as is surmised unjustly by the bill of complaint of the said Rastell.
Depositions for the part ofHenry WaltonagainstJohn Rastell.
[Deposition ofWilliam Knight.]
William Knight of London, latten founder, of the age of 56 years, sworn or examined upon his oath, saith that Walton did make of new for stages and stage players as much as by estimation, esteemed by this deponent and William Sayer at 50s. in board, timber, lath, nail, sprig and daubing, which the said Rastell should have paid to the said Walton by their arbitrament, which were chosen indifferently by them both, and then Rastell said it was too much, and afterwards the said Rastell arrested the same Walton, and much business was between them.
And as to the 2nd, 3rd, 4th, 5th, and 6th interrogatories, he knoweth nothing. And as to the 7th and last article, he saith that the said Rastell had certain garments for players, which were made of old sarcenet, but how many he knoweth not, nor he doth not esteem the value of them nor any of them, and more he knoweth not.
(Signed) per meWilliam Knight.
[Deposition ofNicholas Sayer.]
Nicholas Sayer of London, skinner, of the age of 49 years or thereabouts, sworn and examined upon his oath, saith that he and William Knight were desired by the said Rastell and Walton, being at the Mitre in Cheap, to view such costs as the said Walton had done in making of stage for player in Rastell's ground beside Finsbury, in timber, board, nail, lath, sprig, and other things. Which they esteemed and judged at 50s. that Rastell should pay to the said Walton, and upon payment of the said 50s. the said Walton to render such garments as he had in his keeping to the said Rastell. And he saith he saw the garments, and there were none of them of new stuff to his knowledge, nor what the value of them were, and more he knoweth not.
(Signed) per meNicholas Sayer.
[Deposition ofRoger Taylor.]
Roger Taylor of London, latten founder, of the age of 40 years, sworn and examined upon his oath, he saith he made part of the said players' garments, and some of them were made of saye and some of sarcenet, which were not at that time of new stuff, for they had been occupied in other business, and they were occupied three or four years in playing and disguisings, or they came to the hands of thesaid Walton, or before any variance was between them for the same; and as to the value of them he cannot esteem nor judge. And more he cannot say herein.
(Signed) per meRoger Taylor.
[Deposition ofThomas Curtis.]
Thomas Curtis of London, glazier, of the age of 54 years, sworn and examined upon his oath, saith that the said Walton made attachment of 15 playing garments; and thereupon this deponent and one John Wilkinson were commanded by the Mayor's clerk, called John Edmay, to appraise the same garments indifferently. Which the said deponent and John Wilkinson, after their conscience, appraised to the uttermost value of them, and the value or sum amounted unto 35s. 9d., and he and the said Wilkinson delivered a bill thereof to the said clerk of the Mayor's Court; and he thinketh that after the custom of the City of London the said Walton lawfully recovered the same, but how they were delivered to the said Walton he knoweth not. And further he saith, that at the time of the said appraisement the said garments were old and torn, so that then they were not able to be worn nor occupied. And also he saith he would have been loath to have given so much for them as they were appraised at, and more he knoweth not.
The Mark of Thomas Curtis.
[Deposition ofJohn Wilkinson.]
John Wilkinson of London, plasterer, of the age of 33 years or thereabouts, sworn and examined, saith that he was commanded by John Edmay, the Mayor's officer, toappraise certain old playing garments which were broken and torn, some of them of sarcenet and some of saye, and others which he now remembereth not; and that he and Thomas Curtis appraised the said garments and stuff at 35s. or 36s. 9d., which in his conscience were no better worth, nor he would not have gladly given so much for them, and more he knoweth not.
(Signed)John Wilkinson.
Aldermost, most of all.Also, so as, so.Anchor, hermit.Apaire,appaire, injure, wither.Appropred, appropriated.Arette, attribute, account.Astert, escape.Avoutry, adultery.Bain, obedient.Battles, divisions of an army.Bear on hand, deceive.Bedene,bedeen, betimes.Behote, promise.Beme, tree.Betake,beteach, commit.Blee, countenance.Blin, departing.Blinne, cease.Blyve, quickly.Borrows, sureties.Bote, remedy.Brast, burst.Brenningly, burningly.Brere, briar.Brook, use.Busk, make ready.Buxom, obedient, pliant.Bydene, betimes.Careful, sorrowful.Chevice, preserve.Clap, talk noisily, chatter.Cleped, called.Coresed, fit to be a courser [?]Corser, coffer [?]Courtepy, short coat.Covenable, suitable.Covetise, covetousness.Crach,crèche, cradle.Crake, boast.Curteys, courteous.Dearworthy, precious.Deem, judge.Delibered, deliberated.Derne, secret, remote.Dight, make ready.Digne, worthy.Discordeth, disagrees.Dislander, defame.Dooms, judgments.Dress, direct.Eisell, vinegar.Empechement, hindrance.Emprised, undertaken.Encheson, cause.Enderes-night, former or other night.Everychone, everyone.Fand, found.Farly, marvellous.Fay, faith.Fere, companion;in-fere, together.Fond, find, contrive.Fone,foon, foes.Fordo, make nought.Forlorn, lost.Forthy, therefore.Forwhy, because.Fremd, strangeFrere, frier.Frese, make ready.Gabbeth, talks foolishly.Gent, fair.Gin, begin.Gleed, spark.Grathly, readily.Gree, pleasure.Groom, man.Halfendell, half part.Halk, corner.Hat, am called.Hend, courteous.Hent, seized.Hight, called.Hind, servant.Hipped, hobbled.Idiots, unskilled persons.In-fere, together.i-, participial prefix.I-pight, pitched.I-wis, certainly.Jesen,jesayne, place of childbirth.Kay, meadow.Kithe, show.Knowledge, acknowledge, confess.Lancegay, lance.Lang, long.Leasing, lying.Leer, cheek.Lede, following.Leme, shine.Lend, stay.Lere, learn.Let, (1) hinder; (2) cause.Letting, hindrance.Lewte, loyalty.Lithe, listen.Lo, meadow.Lore, lost.Losenger, rascal.Low, blaze.Lyre, a kind of stuff.Mansuete, gentle.Maugre, despite.May, maiden.Meddled, mingled.Mees, houses.Mo, more.Myster, need.Namely, specially.Nar, nearer.Nice, foolish.No force, no matter.Nombles, loins of a deer.Notoyrly, notoriously.Novels, news.Okerer, usurer.Other, or.Paned, slashed.Percase, perchance.Pirie, gust.Pludde, some kind of kettle.Postillators, preachers.Praised, appraised.Prime, six to ninea.m.Quarrels, small squares.Queme, please.Quere, choir.Quit, requited.Race, scratch.Ray, kind of cloth.Recheless, careless.Reprefe, reprief, reproof.Rown, whisper.Royaumes, realms.Salued, saluted.Saws, sayings.Say, silk.Semblable, like.Shende, harm, spoil.Sicker, sure;sikerly, surely.Silly, innocent.Slee, slay.Slo,slone, slain.Somedeal, somewhat.Somers, baggage mules.Sond, messenger.Sowning into, tending to.Spill, destroy.Starven, die.Styed, mounted.Sue, pursue, follow.Supplye, supplicate.Stound, space of time.Sy, saw.Tayd, tied.Teen, sorrow.Thee, thrive.Tho, then.Throw, space of time.Till, to.Tine, lose.To-coming, future.Train, treachery.Truage, tribute.Tuke, a dress material.Tynde, antlers.Unketh, unknown, strange.Unneath,unnethis, hardly.Unwieldy, impotent.Wed, pledge.Welt, wielded, disposed of.Werrey, make war on.Wight, man.Wight, strong.Witen, know.Wonder, wondrous.Wone, dwell.Woning wane, dwelling place.Wood, mad.Wyte, blame.Y-, participial prefix.Yede,yode, went.Y-nocked, notched.Y-wis, certainly.
Text of Page 97
The Examinationof Master William Thorpe, priest,of heresy, before Thomas Arundell,Archbishop of Canterbury,the year of our Lord,M.CCCC. andseven.¶The Examinationof the honourable Knight, Sir JohnOldcastle, Lord Cobham, burntby the said Archbishop,[*] inthe first year of KingHenry the Fifth.¶Be no more ashamed to hear it, than ye were and be, to do it.
*This is incorrect, ArchbishopArundellcondemned SirJohn Oldcastleon September 25th, 1413, who was then sent to the Tower, seepp.125, 132: from which he escaped; and being recaptured in Wales in 1417, was burnt on the 14th December of that year. But in the meantime, ArchbishopArundellhad died on the 14th February, 1414; andHenry Chicheleyhad become Archbishop.
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