Catalogue description PENTICE CARTULARY; THE PENTICE CARTULARY C.1175-1212 [EXTRACT]

This record is held by Cheshire Archives and Local Studies

Details of ZCHB/2
Reference: ZCHB/2
Title: PENTICE CARTULARY; THE PENTICE CARTULARY C.1175-1212 [EXTRACT]
Description:

This volume, compiled from 1576 contains copies of documents which it was considered necessary to preserve as records of the rights and customs of the city and as legal precedents, both of content and form. The language in which they have been copied into the Cartulary is English unless otherwise stated. Many are obviously translations from originals in Latin.

 

There are marginalia in several hands mostly dating documents or summarizing points in the texts.

 

In this list brief entries only have been made for the charters as their originals have been described in greater detail in the list of city charters and for these the charter reference CH has been quoted so that reference can be made to this list.

 

f.1.- 1v. Introduction states that owing to wear of the documents and their close custody, the magistrates scarcely knew their contents, so many had been copied out in Latin into a paper book of 30 pages called the Black Book ZCHB/1 for ease of consultation. This book had been translated into English into another paper book during the second term of office of Mayor Henry Gee in 1539-40. The present cartulary in parchment was a careful copy of Gee's book whose veracity could be affirmed by comparison with the original documents, and was started during the second term of office of Mayor Henry Hardware in 1576. The cost of the book was £6 3s 4d together with £5 10s. for the copying which occupied the first 92 leaves of the book's total of 472 leaves, paid by the city treasurers, Richard Bavand and William Wall. The cartulary was to be kept in the Upper Pentice in a locked chest to which the mayor, recorder and other magistrates could refer when necessary.

 

f.2-3v. Table of contents by folio number starting with f.29 and ending with f.113. Entries for f.93-113 are in a different hand from the first part.

 

f.29 Follows immediately upon f.3v.

 

f.29 c.1208-18

 

Charter of Ranulph, earl of Chester as CH 7. Latin.

 

f.29 c. Oct. 1190-93.

 

Charter of Ranulph, earl of Chester as CH 4. Latin.

 

f.29v. c. Oct. 1190-93

 

Charter of Ranulph, earl of Chester as CH 5. Latin.

 

f.29v. c. 1233-37

 

Charter of John, earl of Chester as CH 8. Latin.

 

f.30 c. Aug. 1189-July 1193.

 

Charter of John, earl of Mortain as CH 2. Latin.

 

f.30 c. Aug. 1189-July 1193.

 

Charter of John, earl of Mortain as CH 3. Latin

 

f.30. 3 May 1201

 

Charter of King John as ZCH/6. Latin

 

f.30 c. Oct. 1175-May 1176.

 

Charter of Henry II as CH 1. Latin

 

f.30-30v. 8 Dec. 1237

 

Charter of Henry III as CH 9. Latin

 

f.30v. 8 Dec. 1237

 

Charter of Henry III as CH 10 Latin

 

f.30v-31 23 Oct. 1239

 

Charter of Henry III as CH 11 Latin

 

f.31 c.1202-05.

 

Grant and quitclaim from Galturus de Laxi ? Lacy to the citizens of Chester of 2d. a customary charge for growing ? creunto corn in Ireland. He granted as well the freedom to buy and sell all types of corn, both at his port of Drogheda and also at all ports in his land of Ireland and to export it in their own ships, free of the aforesaid payment of 2d. Latin.

 

Note. Witnesses include Philip of Orreby as justiciar of Chester which dates this charter.

 

f.31 23 May 1310/11

 

Letters patent from Edward II to the mayor and men of Chester ordering them to raise two ships, manned and victualled for seven weeks, as speedily as possible for service in his campaign against Robert de Derus ? De Ros in Scotland. sic for ?Bruce

 

The ships were to be sent to the port of 'Wolrikeford near Knakfargous in Ulton in Ireland by the 25th June at the latest to form part of the reinforcements under John de Ergadia being prepared for service in the Scottish campaign. The letters patent were to be carried by the King's clerk Robert de Marchiaule who was to see to the speedy execution of its directives and to lead the Chester contingent. Given at Berwick-on-Tweed. Latin.

 

f.31v.-32v. 12 June 1300

 

Charter of Edward I as CH 13. Latin

 

f.32v.-33v. 25 Dec. 1327

 

Charter of Edward III as CH 14 Latin

 

f.33v.-35 25 Dec. 1327

 

As above.

 

f.35-36 25 Dec. 1327

 

As above.

 

Note: the latter two appear to be copies of the official duplicate and the contemporary copy of the charter as CH 15 and 16.

 

f.36-38 9 March 1353/4

 

Charter of Edward the Black Prince as CH 18. Latin

 

f.38 11 Nov. 1350

 

Letters patent of Edward the Black Prince as CH 17. Anglo-French

 

f.38v.-39 10 April 1484

 

Letters patent of Richard III as CH 30. Latin

 

f.39-41 10 Dec. 1379

 

Charter of Richard II as CH 19 Latin

 

f.41 25 July 1387

 

Letters patent of Richard II as CH 20 Latin

 

f.41-41v. 31 March 1395

 

Letters patent of Richard II as CH 21. Latin

 

f.41v. 6 Nov. 1397

 

Letters patent from Richard II to the mayor and community of Chester granting the prise of murage for five years to be expended upon the repair of the walls under the supervision of the chamberlain of Chester for the time being. Given at Chester. Latin

 

f.41v-43v. 19 July 1398

 

Letters patent of Richard II as CH 22. Latin

 

f.43v-44 4 Aug. 1398

 

Letters patent from Richard II granting Chester the process of outlawry in its courts for a period of three years and setting out the procedure to be followed. Given at Chester. Latin

 

F.44-44v. 3 Nov. 1403

 

Letters patent of pardon of Henry IV as CH 24. Latin

 

f.44v-47 23 Feb. 1400/1

 

Charter of Henry, Prince of Wales as CH 23. Latin

 

f.47 20 May 1409

 

Letters patent of Henry, Prince of Wales as CH 26 Latin

 

f.47-47v. 5 March 1406/7

 

Letters patent of Henry, Prince of Wales as CH 25. Latin

 

f.47v. 18 Sept. 1463

 

Letters patent from master Roger Asser, dean of the collegiate church of St. John, bachelor of laws, John Southworth, David Ferrour and Robert Rogerson, making an award in a dispute between Robert Bryne, mayor, and the communalty of Chester, but especially William Houghe and James Lightfote, barber, approvers of the pasture of the Roodee, and Sir Edward Masey, parson of Eccleston, co. Lancs., late parson of Holy Trinity, Chester, concerning the tithes of the Roodee pasture. The award was that the citizens were to enjoy rights of pasture without paying tithes. English Publicly notarised by William Asser, clerk, public notary of Coventry and Lichfield. Latin.

 

f.47v.-50. 20 Nov. 1425

 

Letters patent of Henry VI as CH 27. Latin

 

f.50v.-51 24 Aug. 1445

 

Release and quitclaim of Henry VI as CH 28. Latin

 

f.51-51v. 20 Nov. 1456

 

Letters patent of pardon of Henry VI as CH 29. Latin

 

f.51v-52v. 8 Nov. 1460

 

Letters patent from Henry VI ordering that public proclamation was to be made that Richard, Duke of York, had been agreed by parliament to be the lawful heir to the crown of England, after due consideration of his ancestry as recited. The first phrase is in Latin and the rest in English.

 

f.52v. 1 Sept. 1461

 

Letters patent from Edward VI releasing to the mayor and citizens of Chester £50 of the fee farm rent for a period of seven years. Latin

 

f.52v.-53 21 March 1485/6

 

Letters patent of Henry VII as CH 31. Latin

 

f.53-56v. 6 April 1506

 

Charter of Henry VII as CH 32. Latin

 

f.56v. 29 March 1523

 

Letter under the signet from Henry VIII and his council ordering that citizens are not to be taken from West Chester, except by the King's special licence, in order to ensure adequate manpower for the defence of the city.

 

See also. f.105-105v.

 

f.56v.-57v. 30 May 1542

 

Proclamation of Henry VIII appointing Manchester and Stafford as places of sanctuary for offenders instead of Chester because of the danger of offenders leaving the country by ship through its port. Opening phrase in Latin.

 

f.57v.-58 4 June 1546

 

Letters patent of Henry VIII as CH 34.

 

Opening phrase in Latin.

 

f.58v.-64 14 June 1574

 

Letters patent of Elizabeth I as CH 35. Latin

 

f.64 4 May 1528

 

Letters patent of Arthur Plantagenet as CH 33. Latin

 

f.64v.-65 20 July 1507

 

Grant by indenture to which the parties were William, bishop of Lincoln and the Dean and Chapter of Lincoln, the mayor and citizens of Chester, and John, the prior, and the convent of Launde, co. Leics., whereby the prior and convent agreed to pay the mayor and citizens £10 per year for the upkeep of a schoolmaster at Farnworth, co. Lancs.

 

f.65 20 July 1507

 

Letters patent tripartite from John, the prior of the monastery of St. John the Baptist, Launde, co. Leics., confirming the grant of £10 annuity to the Mayor and citizens of Chester. Latin

 

f.65v. 20 May 1541

 

Letters patent of the record of the Court of Augmentations granting the payment of the annuity of £10 for the school at Farnworth from the receiver of the lands and manors of the monastery of Launde to the mayor and citizens of Chester together with arrears due since the dissolution of the monastery. Latin.

 

f.65v. 10 Nov. 1556

 

Letter from Richard Bolde on behalf of the gentlemen of Farnworth parish, co. Lancs., to the mayor and brethren of Chester requesting that one John Standishe, doctor in divinity, and a native of Farnworth be appointed schoolmaster.

 

f.65v. 16 Nov. 1556

 

Reply from the mayor to the above letter agreeing to their request.

 

f.66-86. follows closely Black Book for exact comparison see ZCHB/1 list

 

f.66. 2 Nov. 1400

 

An inquest upon a writ of diem clausit extremium taken before John Bebington, mayor, as echeator, on the oaths of a jury names given concerning the property of Margaret, wife of Fulk of Penbrugge, Knight, cousin and heir of William Trussell of Denbigh, Knight, stating that she died seised of the manor of Bruardeshall ?Brewers Hall in the liberties of Chester, together with the bailiwick and issues of the keeping of the Eastgate and all appurtenances and house above and below the said gate worth £13 a year, and for which she paid the earl 1d. per year to hold in socage and to find a bailiff to perform the duties. William Trusell, aged 13, son of her cousin Laurence Trussell was her heir.

 

f.66.-66v. 24 July 1394

 

Presentment by a jury of an assault by several people names given upon the abbey in Chester which they occupied for four days drinking 3 tons of Gascony wine and carrying off food from citizens' premises and keeping John of Dorkenton and Thomas Banester, glover, prisoners in the abbey. John Larmurer, mayor, went to ask for their release but it was rumoured that he had been attacked, whereupon the common bell was rung and all the citizens went to the abbey to demand his release. Thereupon one John Hoo came out of the abbey and attacked Thomas Pygott, one of the sheriffs, wounding him but was later killed himself by a person unknown. The mayor was released, but the ringleader Baldwyn of Radington, kt., with John of Stanleye, kt., and 800 armed men and archers of Lancashire continued to harass Chester for four days from a distance of five leagues.

 

f.66v. n.d. c.1356

 

Thomas of Dutton, sheriff of Cheshire, tried to execute a writ to record a plea in the Pentice Court in a case between Robert of Frodsham and John Colls but was refused by Alexander de Bellect and John Colls, Sheriffs of Chester, who stated that the city had the right to hear and judge all cases which could only be corrected or annulled by a writ of error and not one of false judgement.

 

Margin: 'A return of a Recorder to remove a plea from the Pentice'.

 

Note: The Sheriffs of Chester named here are not recorded as such elsewhere but Ormerod gives Thomas of Dutton as Sheriff of Cheshire in 1356.

 

H MORRIS TUDOR CHESTER P 578 NAMES JOHN COLE AND ALEXANDER IE BELLEYETTER AS SHERIFFS IN 1357-8 BUT THEY ARE NOT INCLUDED IN THE RECORD OFFICE LIST OF SHERIFFS THE ORIGINAL ON ZCHB/1 GIVES THE FIRST SHERIFF AS BELLEYETTER

 

f.66v.- 67. n.d. temp. Ed.III.

 

A return to a writ of recordari by Thomas Dutton, Sheriff of Chester, that Edward, earl of Chester, grandfather of the present King had granted the citizens the right to elect 2 sheriffs to hear cases in the Pentice Court therefore they need not answer a writ of false judgement.

 

f.67. c.25 March 1447

 

Memorandum of agreement between Roger of the hie hill, steward of Chester, and the mayor and commonalty of Chester upon the choice of eight knights in answer to a writ of quo iure, who were to go to Saltney Marsh to allocate to the mayor and citizens sufficient pasture as far as 'hurmudepull' and sufficient commons beyond 'hormudepull' so that Sir Roger could order the rest of Saltney Marsh as he thought fit.

 

f.67. The mayor & communality claimed that they did not have to answer a writ of quo iure because when it was issued they were not in seisin of the pasture of Saltney Marsh.

 

f.67. n.d.

 

Margin: 'The names of the foure bretherne which came with William Conqueror.'

 

Neele Lord of Halton, constable of Cheshire.

 

Hodard Lord of Dutton, Marshall of Cheshire.

 

Edward Lord of Hawarden, Steward of Cheshire.

 

Gebard Lord of Doneham, Chamberlain of Cheshire.

 

f.67. 29 Jan 1399/1400.

 

A writ from Henry, Prince of Wales, to the mayor and sheriffs of Chester that they were to make a proclamation summoning all men concerned with the defence of the walls of the city to come to the city fully armed according to the terms of their tenures.

 

f.67v. 8 Feb. 1411/12

 

Tripartite indenture of agreement made at Tarporley between William Venables of Kinderton, his kinsfolk and retinue, and John Walshe, mayor, Richard of Hatton and William del Hope, sheriffs, and the citizens of Chester, to abide by the award of arbitrators named in settling all disputes between them.

 

f.68. 9 Feb. 1411/12

 

The award of the arbitrators in the above dispute.

 

f.68-68v.

 

18 month missing 1405

 

A command from Henry, Prince of Wales, directing that no pleas are to be removed from the Portmote court to a higher court by virtue of the ancient right of the mayor to hear all cases arising within Chester. It details a case of novel deseisin brought by one William, son of Hugh of Hope, before John Preston, mayor, Thomas Aleyn and William Rachdale, sheriffs, against Katherine, formerly wife of Thomas Doncaster, William Spratforde, parson of Marchwiell, and John Hopwas, chaplain of a tenement in Chester, which case the sheriff of Cheshire was ordered to remove to a higher court by a writ of recordari facias but which the mayor and sheriffs refused to allow to be executed.

 

Note: ZCHB/1 f.4 gives month as Dec.

 

See also f.79, f.82v.-83v., f.84v.-86.

 

f.68v. 4 Dec. 1404

 

Account of a case in the Pentice court against John Walshe, the elder, and Margaret, his wife, late farmers and receivers of the profits of Dee Mills for the recovery of a debt of 30s by John Leche in the time of Richard II which required a writ of scire facias to produce the record of the case before judgement for the recovery could be executed.

 

f.68v. 10 May 1387

 

A writ of unde nihil habet issued in a case of dower against Warne ?Marie Agnes, formerly wife of Roger of Knokyn in favour of Roger Fraunces and Margery, his wife, for reasonable dower from a free tenement in Chester belonging to Margery's former husband John of Stoke.

 

f.68v.-69. 14 Sept. 1404

 

A writ from Henry, Prince of Wales, to the sheriffs of Chester ordering them not to distrain John of Ireland of Liverpool for debt contrary to the provisions of Magna Carta.

 

Margin: 'A writt of privilege'.

 

f.69. 14 Dec. 1303

 

A charter from Edward, Prince of Wales, to the prioress and nuns of Chester freeing their tenants, who were not already freemen of Chester, from all obligations to the city and placing them under the jurisdiction of the nuns' own bailiff with the proviso that the nuns should not increase the number of their tenants nor allow them to manufacture merchandise outside the market of the city.

 

f.69. 28 Oct. 1397.

 

A presentment by a jury that John Coly, citizen of Chester, slandered the mayor John of Capenhurst, in the Pentice court accusing him of instructing John, the jailer, the King's bailiff, to execute a judgement for recovery upon Ralph of Denbigh.

 

f.69-69v. n.d. 1396

 

A presentment by a jury that John Coly on 26 June 1389 menaced merchants from Ireland and other parts of England so that they would not come to Chester until 29 Sept. 1396 thereby causing a customs loss of £20.

 

f.69v. n.d. 1397

 

A presentment that William of Hergreve and others were common regrators and forestallers of fresh fish from 29 Sept. 1396 - 2 Feb. 1397.

 

f69v. 4 Nov. 1396

 

A presentment that one 'W' sold the fish of John Swineay of Liverpool sharing the profits with him.

 

f.69v. 1 July 1396

 

A presentment of Joan, wife of John Hilley, and Margery, wife of John Torsett, that they were common regrators and forestallers of apples, pears and other goods.

 

f.69v. n.d. ?c.1404

 

A return to a writ to search the records by the mayor and sheriffs stating that they had searched the rolls of John of Weyversham, late coroner, but had found no indictment of David ap Eign Pentore for the death of Nicholas Brayne.

 

See alsof.80v.

 

f.69v.-70 19 March 1338/9.

 

An inquisition following a writ of quo warranto taken before Henry de Ferrariis, Justice of Cheshire, and a jury concerning the boundaries of Hoole Heath, ownership, common rights and subletting. Records a ride round the boundaries which are set down in detail with rights of refuge and common, and encroachment.

 

f.70v. 11 Nov. 1400

 

A writ of corpus cum causa from Henry, Prince of Wales, to the mayor, sheriffs and gaolkeeper instructing them to transfer the prisoner Robert ap Howell to Chester castle together with the record of the cause of his arrest.

 

f.70v. n.d. 1400

 

Return to the above writ.

 

f.70v. n.d. 1399-1400

 

Return to a writ of attachment by John Bebington, mayor, and William Heath and Richard Stalwyn, sheriffs, that Robert of Bradeley and others give surety to the values of 3s 4d of their chattels to appear before the earl as directed in the writ.

 

f.70v. 4 Feb. 1398-9

 

A letter of attorney by John Barkby of Coventry, appointing Richard of Knypreley his attorney to receive a debt of 3s 4d from Thomas, servant of William Twisse, being payment for card wire sold to him, or to prosecute for the recovery of the debt. The letter to be sealed by the mayor as the seal of John Barkby was not known to many people.

 

f.70v.-71 23 May 1393 28 July

 

Presentment of William the goldsmith, John Lorganer, spicer, and John Luk for counterfeiting coin.

 

f.71 Monday next after S. Laurence 1400-01

 

Memorandum that the mayor in Portmote excempted one William of T. of Chester from jury service by reason of his being 70 years of age.

 

f.71 9 July 1402

 

Recognizance upon an indictment taken by the mayor John of Bebington from Robert Danyell of Chester, Richard of Strangwais and Richard of Halton for the production of Adam 'the Sauesmaker' of Chester when required upon six days warning subject to the fine of £100 upon default.

 

f.71. n.d. ?1401-2

 

Return upon a writ to hold the court of Dee mills by Robert of Mareschall, mayor, and John of Hawarden and John of Arowe, sheriffs, stating that they have summoned a jury of 24, and Thomas of Orton, deputy of Robert Castell, and have proclaimed the holding of the court for the date and time stated in the writ.

 

f.71-72. n.d.

 

Notes on legal process in the city courts annotated in the margins as follows:

 

'Delaies and proces in a writ of right in the portmote'.

 

'Delaies in the portmote'.

 

'Proces in a writt of dower'.

 

'What plais ought to be pleaded by writt and what withoute'.

 

'How assise of novell disseisin shalbe suedd'.

 

'Delais in the portmote'.

 

'Delais in the portmote in actions of debt trespass and such other'.

 

'What plees shalbe sued in the pentice'.

 

f.72. 22 April 1320

 

A writt under the privy seal from Edward, Earl of Chester, to the Mayor and Sheriffs to summon a jury to enquire into the customary tolls exacted by the keepers of the city gates because of complaints of excessive charges.

 

f.72-73v. 6 Feb. 1320-1.

 

Inquisition taken in execution of the above writ sets out in detail all the tolls levied at each of the four gates of Chester.

 

See also f.99v.

 

f.73v-74. n.d. c. before 1280

 

The claim of Peter of Thoneton in answer to a writ of quo warranto to be free of all taxes and legal process, except before the earl or his chief justice, to have an oven on his land and to grind his flour free at Dee mills and to have a free boat and fishing on the Dee, because these were granted to his great grandfather Peter, the clerk, by Ranulph, earl of Chester, for 3d. per annum rent as appeared by the charter of the same earl which he exhibited in court.

 

Note: Sir Peter le Roter of Thornton grandson of Peter the clerk died 1279/80 see Ormerod II, 17.

 

f.74-76. n.d. ?temp. Ed. III

 

The claim of Robert of Bradford in answer to a writ of quo warrento enquiring as to his right to the bailiwick of the Eastgate, a free fish yard near Bruardeshall in the Dee, free grinding of corn at Dee mills and freedom from all suits for the yearly rent of one penny. Quotes in full a grant dated 2 Jan. 1205 from Edward ?1 of all these rights in return for the surrender of lands at Bradford in the forest of Delamere. In answer to the earl's officer he gave particulars of the exercise of his rights including details of the tolls charged at the Eastgate.

 

f.76-77. n.d.

 

The claim of the city in answer to a writ of quo warranto summarising in some detail the liberties of the city both customary and those granted by charter.

 

f.77-77v. 11 Mar. 1347/8 and 15 Nov. 1348 ?1362/3

 

Record of an indictment before John de la Pole lieutenant justice of Cheshire of William of Mershton and William Peke monks of Chester Abbey, John Grey, clerk, and Henry of Kelsall for on 2 Feb. 1340/1 assaulting the abbot Richard of Saynesbur upon the instigation of Thomas of Newport, abbot, and John Okeley, monk, and with the help of John, parson of St. Mary-on-the-hill, and William, his brother, the indictment being quashed as an infringement of the liberties of the city by a writ dated 15 Nov. 1348 from Edward the Black Prince.

 

Note: These dates must be incorrect as Richard de Seynesbury was Abbot 1349-1362 and Thomas de Newport was Abbot 1363-1386. John de la Pole is quoted as vice Justice by Ormerod, I. 62 from 40 Ed. 3. i.e. 1366-7. For dating 1362-B The Black Prince's Register, 1932. p. 441 etc.

 

f.77v-79. n.d.

 

Presentment of Thomas of Moston, clerk, Keeper of Dee mills, William Brok Striker, John of Burton, and David of Mylward, millers, of malpractices, namely: taking more than their customary due at Christmas custom quoted in Latin from all citizens; taking more than the customary dues from grinding the brewers' malt and refusing to help them load their sacks; demanding excessive cash payments for grinding corn for the past ten years; that the mills are understaffed; that they exceed their customary dues for grinding corn for the baker; that the brewers are prevented from taking up spilt malt; that they take money instead of a customary measure; that they extorted a penny per person from some Wirral customers; and several other infringements of their customary rights.

 

f.79. 30 May 1406

 

Writ from Henry, Prince of Wales, to the Justice and Chamberlain of Cheshire directing that a writ of recordare from the exchequer court of Cheshire seeking to remove a case from the jurisdiction of the mayor and sheriffs should not be proceeded upon.

 

See also f.68-68v, f.82v-83v and f.84v.-86.

 

f.79. 1 Aug. 1322

 

Memorandum that Thomas de Burchelles, Abbot of Chester, and William, son of Peter of Brikhill, mayor of Chester, went before Oliver of Ingham, justice, and Richard of St. Edmunds, chamberlain of Cheshire concerning the monks claim to use the Kaleyard gate whenever necessary.

 

Note: The date is given as 1 Aug. 16 Edward son of Richard, but from the people involved, this must be a mistake for Edward son of Edward.

 

f.79v. 22 July 1400

 

A form of recognizance for good behaviour.

 

f.79v. 1400-1404

 

Presentment of forestalling and regrating fish and meat during those years by Robert of Bromborough, fisher, and others, and by Robert Darby of Chester, butcher, and others.

 

f.79v. 1 April 1405

 

A recognizance for debt under the Statute of Merchants taken by John of Enlowe, mayor, and William of Hawarden, clerk, from Roger of Holes acknowledging a debt of £42 7s 5½d due to Hugh of Holes.

 

f.79v. n.d. 1408-9

 

Return to a writ of corpus cum causa by John of Enlowe, mayor, John Walshe and Hugh of Milton, sheriffs, and William of Dytton, Keeper of Northgate gaol, delivering to the bailiff of Broxton Hundred the prisoner Filkin Hona, otherwise called Filkin of Shoclacke.

 

f.80. n.d. 1407-8

 

A similar return to the above by John of Enlowe, mayor.

 

John of Walshe and Ellis Trevor, sheriffs and John Jaykes, Keeper of Northgate gaol, of John Masey, prisoner.

 

f.80. n.d. 1403-4

 

Return to a writ of fieri facias by John of Hall, wintner, and John of Arwey, sheriffs of Chester, of the body and goods of one Thomas upon which they could not proceed for lack of previous instructions.

 

f.80. 18 Dec. 1408

 

Writ from Henry, Prince of Wales, to the mayor and sheriffs directing them to commit several persons recited upon the complaint of Richard of Masey of Puddington to Northgate prison until they gave sureties to keep the peace.

 

f.80. Return to the above writ.

 

f.80-80v. A further return in the case f.80 1403-4 above stating that execution upon the chattels could not be carried out because of lack of buyers.

 

f.80v. n.d.

 

A similar return to the above upon the goods of Richard of Marshall.

 

f.80v. n.d.

 

Return to a writ of certiorari to search the coroner's rolls as f.69v. above.

 

f.80v. n.d.

 

Return upon a writ of execution whereby John Wyndell was imprisoned having no goods upon which execution could be had he being a surety to the plaintiff for John Donne in an action of recovery.

 

f.80v. n.d.

 

A further return in the above case.

 

f.80v. 27 June 1410

 

John of Tarporley and Hugh of Milton, sheriffs, return that Richard of Hatton, citizen of Chester, surety for a stranger, William Sharnesfeld, against whom John Payne was successful in an action for recovery of debt, was to be proceeded against in place of the said William who could not be found, only after an interval of 15 days according to the custom of the city.

 

f.80v-81. 27 Oct. 1410

 

Directive from John of Ewlowe, the mayor, to the coroners, sheriffs and clerks of Chester that as the common council had decided to exempt all men of 70 years of age from legal obligations so Ranulph, clerk of Chester, was to be exempt.

 

f.81. 15 Nov. 1410.

 

A recognizance to hold the sheriffs Ellis Trevor and John Brown harmless by William of Dytton, undergaoler, for the farming out to him of the Northgate gaol by Roger of Dytton, Keeper of the gaol.

 

Note: ZCHB/1 f.21 shows date as 20 Nov.

 

f.81. 4 Feb. 1410/11.

 

A writ of corpus cum causa to bring Reynold le Crior or Currier indicted of felony before the Exchequer court of Cheshire.

 

f.81. n.d. 1411

 

Returns to the above writ, one to accompany the prisoner and one reciting the indictments, made by Roger Portor, mayor, Ellis Trevor and John Brown, sheriffs, and Robert R. Keeper of Northgate prison.

 

f.81-81v. n.d. 1410-11.

 

Return to a writ of execution for debt from the Pentice court by Ellis Trevor and John Brown, sheriffs, stating that Richard Cartwright, surety of Hamonnde of Puddington, had been imprisoned for payment of a debt due from him to Sibyl, servant of Roger Stapey.

 

f.81v. 21 April 1411.

 

Writ of corpus cum causa to the mayor and sheriffs for the production of Thomas Purcell, Henry of Chinton and Peter Cornwell before the justice of Cheshire to answer a charge of felony.

 

See also f.84v.

 

f.81v. n.d. 1411

 

Return to the above writ from Roger Portor, mayor, Ellis Trevor and John Brown, sheriffs.

 

f.81v. 23 April 1411.

 

Writ for the delivery of the goods of the above named felons.

 

Note: ZCHB/1 f.22v. gives date as 18 April.

 

f.81v.-82 n.d. 1411

 

Return to the above writ.

 

f.82. 6 July 1331

 

Writ from Edward III to William of Clinton, justice of Cheshire, to release William the clerk, mayor, Madock of Capenhurst, sheriff, Richard Ernys, Richard Whitley and others accused of forestalling because the city had the right of release of recognizance and preportment through their charters.

 

f.82v. n.d.

 

Record of the practice of electing 4 men in every ward each year to supervise the sale of meat together with the regulations they were to cuforce.

 

f.82v. n.d. 1405

 

An assise complaint of novel diseisin by William son of Hugh Hope as on f.68-68v.

 

f.82v.-83. 7 Feb. 1404/5

 

A writ of recordari facias to remove a plea of novel diseisin from the Portmote court in the same case as above with a note that the sheriffs refused to comply with it.

 

f.83. 12 March 1404/5

 

A writ of supersedeas in the same case.

 

f.83-83v. 18 March 1404/5

 

A precept from the sheriff of Cheshire to the bailiffs of Broxton hundred to attach John of Preston, mayor, Thomas Allen and William Rachedale, sheriffs of Chester, for contempt in the foregoing case.

 

f.83v.-84. 15 Feb. 1357/8.

 

Letter from Edward, the Black Prince, to John Dellves lieutenant justice, and John Burneham, chamberlain of Cheshire, setting out the types of cases to be heard in the city courts which were not to be removed except by writ of error and that all non-citizens owing money to citizens might be arrested during the times of shire business.

 

f.84. 14 April 1394.

 

A letter under the privy seal from Richard II to Thomas Mollyneux and the justice of Cheshire that by right of the city's charters of Earl Randle and Henry III 'no citizens shalbe molested for any foren indytement' margin.

 

f.84-84v. n.d. ?c.1410

 

Articles of complaint by the abbot of Chester about the right of the abbey to hold a court leet each year to which their tenants within the Abbey and Northgate Street owed suit whereas their tenants were being attached unlawfully to appear at the Pentice court of the city.

 

f.84v. 8 March ? 1410/11.

 

A letter instructing that the case against Thomas Powell, Henry Clinton and Peers Conernes ?Cornwell as f.81v. be proceeded with. A note to the effect that the letter was followed by the earl's writ from the Exchequer court of Cheshire. Writ probably given f.81v. 21 April 1411.

 

f.84v.-85. 11 Feb. year not given ?1404/5.

 

Letter from the mayor 'in right greatt haste' to a 'right honorable and reverent lord' Sir Hughe of Hulls as on f.85 asking for legal advice in the case of novel disseisin concerning William son of Hugh Hope of Chester.

 

See also f.68-68v., f.79., f.82v.-83v.

 

f.85. 17 Feb. ?1404/5

 

Reply to the above letter.

 

f.85. 20 May ?1405

 

A letter concerning the above 'sent to James Strangwais to instruct the same Hughe Huls for the same matter' margin.

 

f.85-85v. n.d. ?1405

 

A bill presented to the prince ?Henry by the mayor, sheriffs and communality of Chester petitioning that no pleas be removed from the city courts except by writ of error.

 

f.85v.-86 28 Nov. 1405

 

A reply from Henry, Prince of Wales, to the bill of the mayor and sheriffs assenting to their request.

 

See also f.68-68v.

 

f.86. n.d.

 

'The charge of the grett enquests' margin relating to the Earl of Chester's property and rights.

 

f.86. 21 Dec. 1543

 

A command from Henry VIII that a proclamation be made concerning matters in an annexed schedule no schedule given. Latin.

 

f.86-87. 12 Aug. 1499

 

A writ from Arthur, Prince of Wales, to the sheriff of Chester to summon the mayor and citizens of Chester to appear before the justices itinerant to show by what warrant they enjoyed their privileges set out in detail. Latin.

 

f.87v. 18 May 1383.

 

Record of a plea at Flint before John of Holande, justice of Cheshire, concerning the holding and inheritance of the lordship of Hopedale and parts thereof originally granted to Queen Eleanor by Edward I, farmed out to the Warennes and descending to the Arundels. Latin.

 

f.88-90. n.d.

 

The claim of the mayor and citizens set out in detail. Latin.

 

f.90-92v. 1316 various dates.

 

Pleas of the crown at Chester before John le Blund, mayor, and after his death William of Doncaster, mayor, William of Mulneton and William, son of Peter of Brickhill, sheriffs. A series of varied pleas probably to provide examples of form and precedent. Latin.

 

f.93-94v. 1320-21 various dates.

 

Pleas in the Portmote court being examples of the enrolments of conveyances of land, and the appearance of suitors in pleas of land and debt. Latin.

 

f.94v.-95. 1303-4.

 

Pleas of land in the Portmote court as above. Latin.

 

f.95-96v. 1296-97.

 

As above. Latin.

 

f.96v.-97. 1295-96.

 

As above. Latin.

 

f.97. 1294-95.

 

As above. Latin.

 

f.97-97v. 1307-8.

 

As above a dispute over a will. Latin.

 

f.97v.-98v. 1335-1415.

 

Notes on a wide variety of matters concerning freemen and trading regulations referring to the appropriate mayors' or sheriffs' books with some indication of the folio such as 'noted with a threde' Latin and English

 

f.98v.-99. n.d.

 

Note of a paper containing extracts concerning various rights of the city.

 

f.99. 1396-1508

 

Notes on legal process with references to the rolls of parchment in which they appear in full.

 

f.99v. 17 March ?1320/1

 

A writ under the privy seal from Edward, Prince of Wales to the mayor and sheriffs authorising them to summon the Keepers of the gates before him to answer allegations of extortion revealed by inquisition. Latin.

 

See also f.72-73v.

 

f.99v. n.d. ?temp. Ed II.

 

A writ to the mayor and bailiffs of Dublin instructing them to allow the citizens of Chester to enjoy the privileges granted to them by a charter of Henry III and confirmed by Edward I. Latin.

 

f.99v.-100. 17 March 1320/1.

 

As above f.99v. Latin.

 

f.100. 20 May 1324.

 

Writ from Edward II to the bailiffs of the priory of Sempringham of St. Saviour instructing them that the citizens are free of all payments 'in our land' by charter of Henry III as confirmed by Edward I. Latin.

 

f.100-100v. n.d. 1377-8.

 

Writ from Edward, the Black Prince, to Alexander Beliecter, mayor and escheator of Chester concerning the possessions of Thomas of Bradford. Anglo-French.

 

Note: The dating is uncertain. The Black Prince died in 1376. Alexander Bellyeter was mayor 1377-8.

 

f.100v.-103. 5 Jan. 1581/2.

 

Probate of the will dated 9 April 1580 of Simon Harding, citizen and salter of London, in which he bequeathed the sum of 23s 4d., part of the rent for Smith's Alley in London, to the mayor, aldermen and community of Chester to be paid out to poor persons at Easter each year with 10s. further to be spent on the recreation of the mayor etc. 'for there paines'. Date of exemplification 5 Dec. 1584. Latin and English.

 

f.103-104v. n.d. 24 Aug. 1585.

 

Copy of part of an agreement upon the will of Sir Thomas White, kt., whereby the citizens of Bristol and St. John's College were to pay to Chester £104. to be lent at £25 a piece to 4 young freemen of Chester for 10 years without interest.

 

f.104v.-105. 24 Aug. 1585.

 

Form of receipt for the above £104.

 

Note: see C/Ch/151 for original copy of grant and receipt.

 

f.105. 18 June 1579.

 

A certificate from the mayor and citizens of Bristol that the citizens of Chester were free of all customs in Bristol.

 

f.105-105v. 29 March 1523.

 

A letter under the signet seal as f.56v. above.

 

f.105v-106v. 21 May 1567

 

Writ of privy seal from Elizabeth I to the officials of the Exchequer releasing the merchants of Chester from the Sayment or a new import on French wine imported through Chester.

 

Date of exemplification 17 June 1567.

 

f.107. 10 Oct. 1581.

 

Letter from Hugh Cholmondeley, supervisor of crown lands in Cheshire to the mayor, William Byrde, agreeing to hand over the old shire hall to the city to be converted for the storing of corn on the upper floor and as a shambles on the ground floor.

 

f.107. 8 Sept. 1587.

 

Certificate that the citizens of Chester were free of all customs in Newe Rosse or Rospoote, co. Wexford, Ireland.

 

f.107v.-108. 27 June 1600

 

Account of a case heard in the Exchequer court of Chester concerning a dispute over the office of clerk to the Pentice.

 

f.108v.-109. 12 Aug. 1602.

 

A list of the city's plate.

 

f.109. 8 Feb. 1594/5.

 

Letter from Lord Burghley to the mayor instructing him to see to the repair of Watfield pavement between Nantwich and Chester for which lands had been left to the city.

 

f.109. Further items of plate.

 

f.109v. Blank.

 

f.110-111. 6 Feb. 1508/9.

 

Tripartite indenture of an agreement to uses from Thomas Smith, the elder, alderman of Chester, Sir Henry Bullinge, Sir John Davenporte, chaplains, and John Harper of Chester, merchant, executors of Roger Smith to Thomas Hawardyn, mayor, and the aldermen and communalty of Chester, and Margery, prioress, and the convent of St. Mary. Chester, of a piece of empty land in Commonhall Lane for the erection of 6 almshouses under one roof to house 6 bedemen to be chosen in the manner detailed.

 

f.111. 12 April 1541

 

A grant from Laurence Smith, esq., and William Davyson, alderman, wardens of the fraternity and guild of St. Ursula, to Thomas Halton, clerk, and to the mayor and citizens of Chester of an annual sum of 30s. to be paid to them if the guild did not carry out its obligation to distribute 30s. annually to the inmates of the hospital of St. Ursula, the mayor and citizens to carry out the distribution instead. Latin.

 

f.111v. Heading 'Jacobus Dei gratia Angl' only.

 

f.112. 10 Nov. 1537.

 

A note that the inhabitants of Spital Boughton were allowed to take an alms of corn and other things from merchants entering the city but that they then were few in number and able bodied enough to work.

 

f.112v.- 113. Blank.

 

f.113v.- 118. 6 June 1664.

 

Letters patent of Charles II as CH50. Latin.

 

f.118v.- 119. Blank.

 

f.119v- 125v 4 Feb. 1684/5.

 

Letters patent of Charles II as CH52. Latin.

 

f.126. 'The effect of the Charter last before written. The letters in the margent refering to the page under which the like letter is subscribed', being brief notes on the content of the letters patent of 1664.

 

f.126v. 12 Nov. 1685.

 

Letters patent from James II to Edward Lutwich, kt., serjeant at law and justice of Chester, John Warren, esq., the other justice of Chester, Thomas Powell serjeant-at-law, Thomas Grosvenor, bart., Philip Egerton, kt., John Arderne, kt., Geoffrey Shackerley, kt., mayor and alderman of Chester, Thomas Needham, Thomas Cholmeley, Lestwich Oldfield, Peter Shackerley, Richard Leigh of Lyme, Henry Eyton. Edward Wright of Stretton, and John Dod of Edge, esqs., for the appointment of a grand jury to enquire into disturbances in Chester. Latin.

 

Note: These disturbances were probably connected with Monmouth's rebellion earlier that year see QSF/83.

 

f.127-129v. Blank.

 

f.130. 1 Feb. 1685/6.

 

Appointment by Sir Edward Lutwich, Recorder, of Richard Levinge of Chester, esq., as deputy recorder. Latin.

 

f.130v.-131. Blank.

 

f.131v.-132v. 26 Oct. 1688

 

Letters patent of pardon from James II as CH54. Latin.

 

f.132v. 27 Oct. 1688.

 

Appointment by Sir William Williams, recorder, of Edward Wynne, esq., as deputy recorder, Latin.

 

f.133. 3 Oct. 1690.

 

Appointment by Sir William Williams, recorder, of Edward Wynne, esq., as deputy recorder. Latin.

 

f.133. 1 June 1694.

 

Appointment by Sir William Williams, recorder, of John Williams esq., of Glascoed, co. Denbigh, as deputy recorder. Latin.

 

f.133v.- 144v. 10 Jan. 1711/12.

 

Memorials of grants concerning corporation land made by the mayor and citizens under their common seal combined in pursuance of an order of the Assembly for a record of such grants to be kept.

 

See AB/3 f.194v.

 

Note: The Corporation Lease Book CHB/3 ends in 1705

 

f.71. Marginal note: 'Delaies and proces in a writt of right in the portmote.

 

It is to be knowen that in a writt of right processe is suche furste the writt shall be broughte in the full portmote and shall 'fynde suerties to followe the suite. It is considered that the tenante shall be summoned that he be there from that day in XL dayes but if the same day be holyday And if it be holyday then he shalbe somoned that he be there the nexte courte day nexte folowinge the saide holyday At which day if he come not it shalbe iudged that he be resomoned in forme aforesaide At which daye if he come nott it shalbe iudged that he be sommoned by wytnesses in forme aforesaide At which daye if he come nott he shalbe distreyned the furste tyme at whiche daye if he come nott he shalbe distreyned the seconde tyme At which daye if he come nott he shalbe distreyned the thyrd tyme At which daye if he come f.71v. nott he shalbe putt by petynany At which daye if he come nott he shalbe putt by duble nany At which day if he come not he shalbe putt by great distresse At which daye if he come nott he shall be esson furste At which daie if he come nott he shalbe esson seconde At which daye if he come nott he shalbe esson thirde At which daye if he come nott the tenaunte may make defaulte wch is not in any wise preiudiciall So that he Replevy the thirde day before the daye of annswere before one or twoe of the bailiffe at which daye he muste appeare and warrante his essoner or to plede And over oughte adiorned as above At which day if he come not he may be essoned At which day if he come not the lanndes and this defalte is soe preiudiciall as the defalte may be defalte of comen righte And if he come not he shall pleade or yelde or desire viewe or doe that of righte oughte to be done And the viewe oughte oneste to be granted in every writt or plainte And then to be adioyned in forme aforesaide At which day if he come not and the viewe firste asked or be pleaded to the contrey, the tenannte may be thryce essoyned at thrde adiornemente as above but if the view be asked or pleaded to the conntrey delay doeth not lye but allwaies esson after every apparaunnce called to warranntie first distress scib distresse and thridd day to be distreyned nor he may have any further delay but if como. righte that is to witt isson. if it be pleaded to the controy as above.

 

Marginal note: 'Delaies in the portmote'

 

He that is desyred in aide may have delays as he that is called to warranntie and every warranter shall have delays as other And it is to be knowen that esson. of the kinges service lyeth in every place of pley butt lett him that is essoned beware that he have his warant the plaintif may be esson the furste day and after every apparaunnce.

 

Marginal note: 'Process in a writt of dower'

 

It is to be knowen that in a wrytt of dower whereof she hath nothinge furste the writt shalbe broughte into the full portmote as is abovesaide And the furste day the tenannte shalbe somoned the seconde day distreyned third and fourthe distrayned nor there is eny further holl delay, because if he come nott the lannde shalbe taken into the Erle Lanndes And if it be not replevied it shalbe loste. The adiornemente of this plea is from fortnighte to fortnighte as in a writt of righte And the view is to be grannted in this writt nor there is any further delay but esson. after everie apparannce nor the plaintiff may have delay but if he be esson. furste or esson. after appance. he that is called to warrantie may have the same delayes, he that is desyred in ayde maye have the same delay and it is to be knowen that in no pley a prevey esson is not to be amytted.

 

Marginal note: 'What plais ought to be pleaded by writt and what withoute.'

 

Where there be nioo writte to be pleaded in Chester but writte of dower whereof nothinge she hathe and a writte of rights and writte of ryghte and other pleys by pleint without writt may be pleaded And is to be noted that all pleys of lannde as well of possession as of righte or mixted may be pleded by pleint but onlie assie. of novell disseison may have processe in all things as in a writt of right as appeareth above.

 

Marginal note: "How assise of novell disseisin shalbe suedd'.

 

Assise of novell disseisin by the custome of the cittie of Chester may be arrayned fynding suerty to sue and disseiser attached the Saturday the same shywinge nexte before the portmote so that viewe may be made the Sonday folowinge or within the portmote at will of ye plaintiff and Bailiffe that is to wytte betwene the portmote before the plaint and attachmt and the portmote folowinge nor otherwise lyeth not.

 

Marginal note: 'Delaies in the portmote'.

 

Delay but acordinge to the comen righte but after the furste daye the parties oughte to be adjorned from fortnighte to fortnighte but if it be a festivall f.72. day and then adjornmente shalbe made the nexte day not festyvall and so of other days and it is to be known that in all pleys as well assise as others it is nedeful the plaintiff to declare and defendante to defende.

 

Marginal note: 'Delaies in the portmote inactions of debt, trespass and such other.'

 

In all plays but onlie in ye plays of lande furste the parties adiorned to the portmote the defendannte may have these delays that is to wytte furst day he shalbe exoused by knowne borghes And then it shalbe adiorned from that day into viii days but if be a festyvall daye Afterwards to be distrayned furste and after seconde nor are any further delays but after every apparannce twoe essone which twoe are adiornenmente one in a pley of lannde and allwaies after newe attachmente newe delays as is above saide.

 

Marginal note: 'What plees shalbe sued in the pentice'.

 

In the Appentice the pleys which towche freehoolde be non in eny wise pleadable butt in portmote nor ought in the pentice pleyse of covenannte which touche lannde rente or such other nor plays which touche anny tie or pleys or replevyce suche to be pleaded.

 

Marginal note: 'A writt to enquire what customes ought to be taken at the gates of the said cittie'.

 

Edward the furste sonne of the moste noble kinge of Englande; Erle of Chester, to the maior and sherriffe of the cittie of Chester send greetinge. Of the parties of the men and tenannte of our countie of Chester and of the parties lyeing to us it is greveouslye shewed that the keepers of the gates of our citie of the goodes and thinges which the same men and tenannte to the same city for their necessaries the same leadinge And from the same releadinge suche prises and somes of money superfluous above the customes and prises of suche goodes and thinges of oulde tyme used to be taken by their owne auctouties nowe of newe have lifted upp and the same men and tenannte to the payment of the same money for their goodes and thinges aforesaide to that constreyned without right. By which no men nor tenannte to the saide cittie for the causes aforesaid will not cou. to our and the same men and tenannte no little loss and of cittie aforesaide upon hurte or hinderance.

 

We therefore willinge as well four ourselves as four the saide men and tenant the beste remedie in that parte to be hadde And for the same occasion by you to be certefyed whatt customes and prises the foresaide kepers of suche goodes and thinges to the saide citie brought and from caried of right ought to take And what by other kepers of the saide gate in times paste they have used to take And of what goodes and thinges and when and howe and what somes of money above the customes and prises of ould tymes used of the same goodes and thinges as is aforesaid taken the foresaid nowe kepers nowe of newe have levied and when and howe.

 

We commaunde you that by the othes of wise and lawfull men of the same citie by whom the trueth may be better knowen in the presence of the kepers of the saide gate by you thereof warned if they will be presente diligentelie you will enquire uppon all and singuler the premisses touchinge the verey trueth and inquisicon. th. of. distinctlie and openlie taken to us under your seale and seales of them by whom it is donne without delaie ye sende and this writt That from thence forther thereof wee may do that for us and the same men and tenanntes by our councell we may see to be done.

 

Yewen under our prevey seal at Westminster the xxii day of Aprille in the yeare of the raigne of our souvraigne lorde the Kinge our father the thirteenth.

 

Marginal note: 'An inquisition taken by vertue of the saide writt for the customes of the saide gates.'

 

Inquisition taken the Friday nexte after the feaste of the Purification of our blessed ladie in the yeare of the raigne of King Edward sonne of King Edward the fourteenth 14 Ed II afore the maior and sheriffe of the cittie of Chester by vertue of the comanndemente of our sovereigne lord Edward sonne of the f.72v. most noble King of Englannd Erle of Chester uppon. The customes and prises of the kepers of the gates of the citie of Chester of the goodes and thinges of the same in the coming and going which of right they ought to take and what and of whom by other kepers of the same gates in times paste they have used to take and of what goodes and thinges and when and howe, and what somes of money above the customes and prises of ould time of such goodes and thinges as is aforesaid taken the foresaid nowe kepers nowe of newe the have taken when and how by that in the writt is contayned.

 

Marginal note: 'For customes at the Estgate'.

 

Which say that at thestgate of the saide cittie of oulde tyme they were wante to take the customes under written that is to say of aney lode of salte entringe at the saide gate a farthing and in the feylde of Chester in the feast of the nativity of Saint John Baptiste one of any lode of salt ob and for that price the kepers of the saide gate of righte be bounden to fynde measures that is to say hope and busshell for the saide salte to be measured All soe of eny lode of coles entringe at the said gate one colebronde and in the faire of aforesaide nativitie of Sant John Baptiste one colepok All soe of enye lode of corne that groith withoute Cheshire ob And of every horselode entringe with meal to be sold that groith without Cheshire ob but of that which groith within Cheshire he ought to take nothinge All soe of eny lode of greate tymber and longe boorde ob and of enye lode of boordes of VII foote longe hallf a borde and of everye lode entringe with shingles to be soulde three shingles and and in the same manner of lathes All soe enye lode of barke three ryndes of barke And of enye lode entringe with leade or iron cominge from without Cheshire ob But of those that come of within Cheshire they oughte to take nothinge All soe of eny horse lode entringe with knyves one knyf price ob All soe of enye horselode of whatsoever sort entringe to be soulde from without Cheshire a farthing All soe of every drove of beast whiche is leadde out of Cheshire foure pence Allsoe of every young horse or colte which is brought without Cheshire ob. Allsoe for every lode of kroke ob And for every horse lode of croke tankards a farthing Allsoe for enye lode of erthen potte one potte And for eny horselode entringe with disshes and cuppes one disshe and one cupp price ob Allsoe for any lode entringe with woode to be solde one boughe nother a wurse nor a better Allsoe for every wynthe lode if it be solde ob and of eny lode entringe with grasse to be soulde one kinche and of every horselode entringe with grasse one handefull And for every lode entringe with turves lll turves And for every horselode entringe with hay one handeful And for every lode of cordes to be soulde one corde precii ob And for every horselode of the same ob They say allsoe that no money oughte to be taken at ainie other gate of the saide cittie but at this Estgate And that all the comynaltie of the saide cittie be quite of all prices aforesaid at this gate and all other gates of the said cittie. They say allsoe that the kepers of the said gate now of late hath taken the prices under written above the prices and customes of oulde tyme taken that is to say every drove of beast passinge the saide gate and which did not passe out of Cheshire lllld where he oughte to take none They take allsoe of masers bowlls urynalls Trice aleorum and cepibus ponne canal culcell cas arthuris lapidibus crete lucus bremes anguill gross voletilibus mairoibus et minoribus onis cerbell baskette sives And of all other thinges que nomina essent difficial to be nombered which extende undur terrarum intrante at the saide gate takinge one of which of righte the ought to take nothinge nether be not wont.

 

Marginal note: 'for the customes at the Northgate'.

 

They say allsoe that the keper of the northgate of Chester by ryghte and custome is wont to take the prices underwritten that is to say of enye lode of herringes entringe tenne herringe.

 

f.73. And of everie horselode of herringes fyve herringes And of a man's burthen of herringes one herringe And of every lode entringe with great fish one fish and of a horselode of small fish that is to say m'linge sparling of either of theise fishes fyve fisshes And of a mannis burthen of the same one fish and of every horselode of muskells ii handfull of every mannes burthen one handfull of every horselode of oysters and whelkes V and of a mannes burthen twoe of every horselode of atter piles and of all such fish one little dishefull and of a mannes burthen lesse after the quantitie And of enye carrett with apples three handfull And eny horselode one handefull of enye lode with porrett one handfull And of everye lode with erthen potte one And of every lode with boordes hallf a boord And of enye lode of shingles three And in the same manner turres and lathes And every lode entringe with felers and spokes to make carte one and of every carte with coles one colebronde And of eny lode with wood one boughe nether a better nor a wurse for which prises the keper of the gate Allwais shall kepe the said gate with the prisoners in the prisonne of the saide Erle there imprisoned All soe he shall kepe the keys of the felons and theeves dampned to be hanged on ye gibbett And he shall cry the courte of our soveraigne Lord the Erle within the cittie And he shall ring the bell to the portmote And shall doe judgemente on the pillorie They say allsoe that the saide keper ought to take of every prisoner there imprisoned for fellony but only lllld if he shall tarie there above one nighte But of every one arrested for dett or dett recovered or for simple trespace they oughte nor be wonte to take nothinge They say allsoe that the keper of the saide northgate nowe of late have lifted upp and taken these prises and customes underwritten above the customes and prises of oulde tyme taken that is to say of anye horselode entringe with myllwelles and greatt fisshe one quarter of a fishe or the headd of the fishe or elles a penny And for every shipp or vacell cominge to the gate of the saide cittie with herringe betweene Bonewaldesthorne and the portpoole hallf a herringe And of every shipp or vessell cominge there with salmonds linges rays and other fishe one. They take allsoe of bues vrynal cheis knyves and other things entringe at the saide gate excedinglie of which of ryghte the oughte nother be wonte to take anye thinge.

 

Marginal note: 'for customes at the Bridgate'.

 

They saie allsoe that the kepers of the bridge of Chester of ryghte and custome oughte to take and of oulde tyme be wante to take theise prises and customes underwritten That is to say of every pray of beaste entringe at the saide gate in tyme of warre betwene Cheshire and Wales one beaste And of every lode of woode one boughe And of every lode entringe with coles one colbronde And of every carte with shingles iii shingles and like manner of tallies And of every carte entringe with herringes tenne herringes And of every horselode fyve And of every mannes burthen And of every lode entringe with great fyshe one fishe nother a better nor a wurse And of every horselode entringe with whitlinges sparlinges plaice flookes and of all suche little fishe one fishe And in the same manner of a mannes burthen one little fishe And of every lode entringe with chese one chese And of every horselode and mannes burthen one little chese price ob And of eny lode of boordes hallf a boord And of every lode entringe with roddes three roddes and of a horselode one And of enye carte of turves three And of everie lode entringe with barke three barkes And of every horselode of flailes rakes forkes and of yokes for oxen ob And of dishes one And of every lode of felers for carte one And of spokes twoe And of every horselode of knyves one price ob And in like manner of a mannes burthen And of every lode or horselode of busshelles hoopes circules for vesselles one And of everie horselode of oysters or whelkes fyve And of every lode nuttes three handfull And of every horselode f.73v. three handfull And of every horselode of grasse one handfull ffor which prises and customes the said keper oughte to fynde lockes with kayes at twoe gates That is to say at the saide gate of the bridge shipgate and at the horsegate And one man allwais to kepe the saide gate of the bridge and the saide twoe gates to shutt and open They say allsoe that the saide keper of saide gate nowe of newe hath lifted upp and taken prises and customes underwritten above th prises and customes of oulde tyme taken That is to say of every horselode with shares and ploughes shoes one And of every horselode entringe with horse shoes three shoes Allsoe they take of bowes vrynalls herringes apples chese knyves shepe fowle great and small and all other thinges at the saide gate entringe not to be nombred excedinge unndes ternarum.

 

Marginal note: 'for customes of the watergate'.

 

They say allsoe that the keper of the watergate of Chester after oulde customes ought to take theise prises underwritten of every lode entringe with wood one boughe And of eny horselode entringe with fishe that is to say flookes sparlinges whitlinges and suche other like v And of a manne's burthen twoe And of every horselode of muskells atterpile one little dishefull And of a mannes burthen one handfull And of every lode of coles one colbronde And of every horselode with herringes cominge from Wales or wirhall v And of disshes cuppes knyves and other customes they oughte to take as they take at the northgate They say allsoe that the kepers of the saide gate nowe of newe have taken and lifted upp the prises and customes underwritten above the oulde custome taken that is to say of every horselode of great fishe they have taken a quarter of a fishe or the headd or one penny And they have takan of everye shipp or boate cominge to the saide gate of Chester with greatt fisshe or salmonds or rays one And of every shipp or boate of herringes hallf an hundred And of everye horselode with chese one where they oughte to take nothing They say allsoe of eny thinge soulde and not soulde cominge to the saide cittie by water they ought not to take nother is accustomed to gene

Date: c.1200-1713; 1386-1410
Related material:

Transcript of ff. 71-73 available in separate binder of transcripts

 

See Morris P.553

Held by: Cheshire Archives and Local Studies, not available at The National Archives
Language: English

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