John Fern c. Henry Heed

John Fern, a young man likely from South Mimms, Hertfordshire, came to London to apprentice himself to a citizen ironmonger, Henry Heed. The paternalistic relationship that should have developed between the master and apprentice evidently broke down and Heed publicly accused Fern at least twice of dishonesty (a highly damaging allegation for a young man seeking to enter the ranks of the City’s citizens and merchants). Fern took the case, probably with the help of the men below who deposed on his behalf, first to the London Commissary court, the lower-level church court. There, as the witnesses describe below, he underwent compurgation for the accusations Heed had leveled at him: that is, several trustworthy people took an oath on his behalf in court to clear or purge him from accusations. Heed’s continued public adherence to his opinions, insisting on them even before the Commissary, may have prompted this second process, the defamation suit in the Consistory. We see here in the depositions interesting evidence regarding the men who stepped in to try to mediate the situation, including John Reyner who came from South Mimms to act as Fern’s compurgator. Heed was probably known as an intemperate man: testimony in another Consistory court case in 1488 revealed that he beat his daughter to force her to accede to his choice of husband for her. It would be interesting to know if Fern continued as Heed’s apprentice: the contract binding apprentice to master was not easily dissoluble.

LMA, MS DL/C/A/001/MS09065, fols. 190v-191v

Testimony of Thomas Nelson, 4 Mar. 1494

On behalf of Fern c. Heed

4 March, by the lord official, in his dwelling house, in the presence of Master Richard Spencer.

Thomas Nelson of the parish of St. Nicholas Shambles [London], where he has lived for six years, illiterate, of free condition, forty years old, as he says. He says that he has known John Fern for four years, and Henry Heed for two years. To the first, second, and third articles, he says that their contents are true. To the fourth article, he says that its contents are true. To the fifth article, he says that on the day of the burial of Master Jay about eight or seven weeks ago, which day this witness cannot otherwise specify, this witness was present in the cemetery of St. Sepulchre beside the porch on the south side of the church near the chancel there, together with Henry Heed, John Fern, and John Philipps, wheelwright, when and where after this witness and John Philipps implored Henry Heed to be a good master and benevolent and encouraging towards him [Fern], Henry Heed, looking at John with an angry spirit, as it seemed to this witness, said to him, “Ah, thou false knave, it is pity that thou goest abroad, or any other such false knaves as thou art, it were alms to fetter thee like a thief.” And John, there present, saying, “I am no thief,” [Heed said,] “yes, thou art a thief, and worse than a thief.” These things this witness testifies from his own sight and hearing. To the sixth article, he says that the good fame and opinion of John Fern fell and was injured among many, and this he says he knows because this witness holds John in less repute and favour as a result of the speaking of these words, and he will hold him thus until he proves himself innocent in this case. And he has also heard that Henry Heed spoke similar defamatory words about John in the full Court in the home of the Official at Paul’s Chain.^[1] To the seventh article, he says that what he said above is true and that public voice and fame circulated and circulate concerning it in the parish of St. Nicholas and in other neighbouring places.

Testimony of John Philipps, 4 Mar. 1494

John Philipps, wheelwright, of the parish of St. Sepulchre, City of London, where he has lived for forty years, illiterate, of free condition, seventy years old or thereabouts, as he says. Sworn as a witness etc., he says that he first saw and knew John Fern from the day about which he will testify below, Henry Heed he has known for twenty years. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth article, he says that on the day and place and in the presence of the people about whom Thomas Nelson testified above, this witness, at the request of a certain smith asking this witness on John Fern’s behalf, asked Henry Heed to be a good master and encouraging towards him, and Henry Heed, looking at John, said to him, “Thou art a false harlot^[2] [to?] thy promise.” And several times he repeated those words or similar there and then in the hearing and knowledge of this witness. And otherwise he knows nothing to depose concerning its contents. To the sixth article, he says that he knows nothing to depose concerning its contents. To the seventh article, he says that its contents are true, concerning fame he knows nothing to depose.

Testimony of John Reyner, 4 Mar. 1494

John Reyner of the parish of South Mimms [Hertfordshire], London diocese, where he has lived for eight years, literate, of free condition, thirty years old as he says. Sworn as a witness etc., he says that he has known John Fern for fourteen or fifteen years, and he first saw and knew Henry Hede on the day about which he is about to testify below. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth article, he says that on a certain day falling about three or four weeks ago, which day this witness cannot otherwise specify, this witness was present at Paul’s Chain in the house of the Official before the Commissary there, when and where John Fern purged himself of the crime of theft of which he had been accused, as it was said, by Henry Heed. And when the articles were recited in the presence of Henry Heed that he had accused John of the crime of theft, Henry Heed said publicly to this effect, “Nay, I called him not thief, but I say he is a false harlot and falsely forsworn twice upon a book[3] for my duty.” This witness testifies to these things from his own hearing and knowledge as he says. To the sixth article, he says that because of the accusation of the crime of theft on John by Henry Heed, John purged himself before the Commissary of London in the presence of Henry Heed and this witness was one of his compurgators. And otherwise he knows nothing to depose concerning its contents. To the seventh article, he says that what he said above is true and that public voice and fame circulated and circulate concerning it in the parish of South Mimms.

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[1] Paul’s Chain (Paul’s chayne) was a street located just south of St Paul’s Cathedral in the Castle Baynard Ward, running north-south from the Cathedral down to Thames Street, bordering the river (see http://mapoflondon.uvic.ca/edition/7.0/PAUL1.htm). As this suggests, court proceedings of various kinds, including the taking of depositions but also more public proceedings, sometimes took place in the residences of the court officials.

[2] Harlot was an insult primarily gendered male in fifteenth-century English, meaning scoundrel, knave, rogue, or coward (Middle English Dictionary).

[3] That is, that he falsely swore an oath on a religious book, such as a psalter or a mass book.