Fifteenth Century Prose and Verse

by Unknown

c. 1530.

I

umbly 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 one long 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 Curtis which 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.

II

The answer of Henry Walton to the Bill of Complaint of John Rastell gentleman.

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 were afterwards, 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.

III.

The replication of John Rastell to the Answer of Henry Walton.