John Maliber sued Agnes Dalston alias Boste in 1493, claiming that she had unjustly withheld from him a bequest or legacy from her late husband, Thomas Dalston. Maliber had been Thomas Dalston’s apprentice, only newly beginning the usual seven-year term when Dalston died in 1484. Dalston’s surviving will indicates that he was a citizen glover.[1] As was a common practice,[2] his will not only made his wife the executrix of his estate (alongside Andrew Tode or Todd, named in the testimony below though likely dead by the time of this Consistory suit), but gave incentives to the four apprentices serving with him at the time of his death to complete their years of training with her, a measure that would allow her to continue in her husband’s business. Dalston’s will names those apprentices as William Boste, William Bale, John Malaber, and Thomas Fryday. Boste, Bale, and Fryday were named in the case and the latter two testified on Agnes’s behalf. Judging by her new surname, Boste, it is possible that Agnes had married the fourth apprentice, William Boste; familiarity, convenience, and opportunity made it far from unknown for marriages between widows to marry their husbands’ former apprentices. Boste did not appear as a witness here, perhaps because he would have seemed too partial.
According to the witnesses in this case, the will stipulated that if each of them completed their term, they would receive legacies ranging from Maliber’s £2 (forty shillings) to the £3 for the most senior of them. All the witnesses here agreed that John Maliber – probably in his mid-teens at the point Dalston died – decided within a few months after his master’s death that he did not want to continue working in the widow Dalston’s shop. He thus asked to be released from his contract as apprentice. Agnes Dalston, the witnesses said, agreed to release Maliber on the condition that he not pursue collection of the £2 bequest and before several men he solemnly swore to relinquish the bequest in return for his release. Given the terms of the will and the testimony here, it is hard to see how Maliber had any case.
LMA, MS DL/C/A/001/MS09065, fols. 142v, 150v-153r
Response of Agnes Dalston alias Boste, Defendant, 16 Apr. 1493
Responses of Agnes Dalston alias Boste, 16 April, before the lord Official Master Hugh Payntwyn, in his dwelling house etc., in Richard Grome’s presence
To the first, second, and third positions, she responds affirmatively and admits their contents. To the fourth position, she says that the said John[3] Dalston, deceased, bequeathed to the said John Maliber forty shillings under certain modes and forms of [service], that is, that John Maliber, who at the time the testament was made was the said late Thomas[4] Dalton’s apprentice, would serve Agnes as apprentice after his death for the term of his years, and she says that John had at least six years and more to serve Agnes as apprentice after Thomas Dalston’s death. John Maliber, however, left Agnes and her service within a quarter of a year immediately following Thomas’s death, which he did with Agnes’s consent and will, as long as John would not seek the bequest of forty shillings from Agnes as executor, and that he would not vex or bother her about it. With this condition, this witness gave and delivered to him the indenture of his apprenticeship.[5] And otherwise she knows nothing to depose concerning its contents. To the fifth and sixth positions, she believes them. To the seventh and eighth positions, she says that about eight years ago and again about the middle of last year in the church of St. Botulph without Bishopsgate, John demanded that this witness pay and give to him the bequest of forty shillings, which she refused and still refuses. And she does not believe its other contents except as she has said above. To the ninth position, she says that it is indeed disputed but not legitimately. To the tenth position, she believes what is believed and denies what is denied and she does not believe the fame.
Testimony of Unknown Witness [Thomas Fryday6], Witness for the defendant, Jun.-Jul. 1493
On behalf of Dalston c. Maliber[7]
[…………. sa]int Botulph without Algate of the City
[……………….more] and before that time
[………………….] that time
[…………………. ] of free condition
………………………………….
…and he says that if he served the whole of the said eight years, the said John would have the legacy that Thomas bequeathed to him. And he says also that at that time this witness was Agnes’s apprentice[8] and the said Thomas Dalston bequeathed to this witness four marks[9] on the condition aforesaid, that he should serve the whole term of his years after Thomas’s death that he still owed to Thomas as in his indenture, and thus after his death this witness fulfilled all his term and in the end Agnes paid him the four marks. To the second part, he says that around half a year after Thomas’s death, John Maliber urged this witness and his fellows to labour towards Agnes that she should release to him his letters of apprenticeship, and that he said that he would never seek that legacy of forty shillings from her nor would vex or perturb her for the legacy. And he says that John said to this witness that if he could have the letters of apprenticeship he would rather give up forty shillings than have the legacy. And immediately afterwards, Agnes and John were agreed between them on this condition, that if John would never vex or bother her for the legacy she would release to him the letters of his apprenticeship. And thus in the presence of this witness, Agnes Dalston, Andrew Todd, John Maliber, William Gibson, and others, in the hall of Agnes’s dwelling house, John said that he would never seek nor by anyone else procure the seeking of the legacy and there he voluntarily renounced the legacy. And thus under that condition, the said Agnes gave and delivered to John the letters of his apprenticeship. To the third part, 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. Botulph and in other neighbouring places.
Testimony of William Bale, Witness for the defendant, Jun.-Jul. 1493
William Bale of the parish of St. Botulph without Aldgate, city of London, where he has lived making lace[10] for two years and more, literate, of free condition, thirty-one years old, as he says. Sworn as a witness etc., he says that he has known Agnes Dalston for ten years, John Maliber for the same time, and Thomas Dalston for four years before his death. To the first part of the submission, he says that on a certain day falling in Lent following the death of king Edward IV,[11] that is on the same day that Thomas died in the afternoon, he was present in the morning of that day in a certain chamber within Thomas’s dwelling house situated within the said parish of St. Botulph, together with the aforesaid Thomas, at that time on his deathbed, Agnes his wife, Andrew Todd, Thomas Fryday, Thomas Crucheman,[12] and others. There and then Thomas, languishing, said that he had made his testament, and he ordered it to be publicly read. The testament contained among other things that Thomas bequeathed to John Maliber forty shillings sterling on this condition, that is that he diligently serve Agnes, his wife and executor, as an apprentice for all the term of years for which he was obligated by virtue of his indenture, and at that time John had only served half a year of his apprenticeship. And under a similar condition he bequeathed to this witness, at that time his apprentice, £3 sterling.[13] And after the reading of the testament the testator sealed the testament and willed that all the contents of the testament would endure under the seal. And he testifies to these things from his own sight and hearing. To the second part, he says that many times within six months of the death of Thomas, John solicited this witness to approach Agnes that she would deliver to him his letters of apprenticeship and that he would renounce his bequest in return for handing them over, adding that if he were freed from the terms of his service he considered that he could gain much more than the bequest in a year. At John’s pleading and urging, this witness together with John approached Agnes and at length they obtained her consent that he would have his indentures. Afterwards, within half a year after Thomas’s death, he actually obtained them. This witness was not, however, present when they were handed over, but he heard about it. And otherwise he knows nothing to depose concerning its contents. And he says that this witness was present together with Andrew Todd, William Boste, and others, when John and Agnes came to an agreement between themselves on the condition that she would deliver the letters of apprenticeship and he would renounce the legacy. To the third part, he says that what he said above is true and concerning fame he knows nothing to depose, but he says that there is memory of it among those who were present and heard the foregoing.
Testimony of John Bunche, Witness for the defendant, Jun.-Jul. 1493
John Bunche[14] of the parish of St. Benet Gracechurch, city of London, where he has lived for six years and more, illiterate, of free condition, thirty-eight years old as he says. Sworn as a witness, etc., he says that he has known Agnes Dalston for sixteen years and John Maliber for ten years. To the first part of the submission, he says that on a certain day around eight years ago, in the afternoon of that day, this witness was present together with Sir Henry, at that time chaplain of the parish of St. Botolph, Agnes Dalston, and others whose names do not come to mind, in the hall of Agnes’s dwelling house, when and where, after Thomas Dalston’s death, he heard Thomas’s testament being read. In the testament, Thomas bequeathed to John Maliber 40s. sterling, on this condition, that is that he serve Agnes, his wife and executrix, diligently as apprentice all the term of years for which he was obligated by virtue of his indenture. And the said Thomas bequeathed to Joan Bunche, this witness’s wife who died about six years ago, five marks,[15] as was plainly declared. And he testifies to these things from his own sight and hearing. To the second part, he agrees with William Bale examined above, to which this witness testifies concerning six or seven weeks after his death. And otherwise he knows nothing to depose concerning its contents. To the third part, he says that what he said above is true and that public voice and fame circulated and circulate about it in the parish of St. Botolph and other neighbouring parishes and places.
Testimony of William Gibson, Witness for the defendant, 17 Jul. 1493
17 July William Gibson of the parish of St. Leonard in Shoreditch [Middlesex], where he has lived for twenty years, illiterate, of free condition, fifty-six years old and more as he says. Sworn as a witness etc., he says that he has known Agnes Dalston for eight or nine years and John Maliber for the same time, and Thomas Dalston before his death for sixteen years. To the first part, he says that on a certain day falling about nine years ago, which day he cannot otherwise specify, namely on the day when Thomas Dalston died in the afternoon, in the morning of that day he was present in a certain chamber within Thomas’s dwelling house within the parish of St. Botolph, together with Thomas, at that time on his deathbed, Agnes his wife, Master John Chester, Andrew Todd, Robert a Nore, Thomas Fryday, Thomas Crucheman, William Bale, and many others. Then and there, Thomas, languishing, stated that he had previously made his testament and there he had it publicly read. In it was contained that Thomas bequeathed to John Maliber forty shillings on this condition, that he would diligently serve Agnes, his wife and executrix, as an apprentice all the term of years for which he was obligated by virtue of his indenture. And he says that at that time John had not served more than three quarters of a year. And after the testament was read the testator sealed the testament and willed that all the contents of the testament would endure under the seal. And he testifies to these things from his own sight and hearing. To the second part, he says that around six or seven weeks after Thomas’s death, John Maliber solicited this witness to approach Agnes so that she might deliver to him his letters of apprenticeship and in return for the delivery of those letters that he would renounce the bequest of forty shillings, adding that if he were freed from the terms of his service he considered that he could gain much more than the bequest in a year. At John’s pleading and urging, this witness together with William Bale and Thomas Fryday approached Agnes and at length they obtained her consent that he would have his letters of apprenticeship within a month afterwards at their pleadings and urging, under the condition that he would not vex or bother her for the legacy but that he would expressly renounce it. And thus in the presence of this witness, the said Agnes, Andrew Todd, Thomas Fryday, the said John renounced the legacy. And then Agnes, in the hall of her dwelling house in the presence of this witness and Andrew and Thomas, under the aforesaid condition, gave and delivered to John his letters of apprenticeship. To the third part, he says that what he said above is true and that public voice and fame circulated and circulate about it in the parish of St. Botolph and other neighbouring parishes and places.
[1] LMA, MS DL/C/B/004/MS09171/08, fols. 4v-5r, will of Thomas Dalston, dated 11 March 1484, probated 17 May 1484.
[2] R.H. Helmholz, The Oxford History of the Laws of England: Volume I: The Canon and Ecclesiastical Jurisdiction From 597 to the 1640s, (Oxford University Press: 2004), 391.
[3] This is an error for Thomas (see correction below in this same deposition).
[4] John deleted and replaced with Thomas.
[5] The document in which the terms of an apprentice’s service to his apprentice master were recorded.
[6] Since the witness here indicates that he, a former apprentice, received four marks as a bequest from Dalston, and Dalston’s will bequeaths four marks to his apprentice Thomas Fryday, it is likely that this deponent is Fryday.
[7] This side of the folio is also damaged, so only fragments remain.
[8] This suggests that Fryday (or whoever this witness was) was Agnes’s rather than Thomas’s apprentice, though in the next phrase the witness indicates that his indenture was to Thomas.
[9] A mark was two-thirds of a pound sterling; 4 marks was thus £2 13s 4d. This witness’s legacy was likely somewhat larger than John Maliber’s (£2) because he was closer to the end of his apprenticeship and thus was more help to Agnes than a younger charge just beginning his training.
[10] Though a man’s named craft – Thomas Dalston’s as glover, for instance – and his actual occupation were not always the same, it is possible that Bale, as with Fryday, was in practice though not by indenture apprenticed to Agnes as a lacemaker. (Bale may also simply have changed his occupation after apprenticeship, which certainly also happened.)
[11] Edward IV died 9 April 1483; the following Lent would have been 1484, and Dalston’s will indeed confirms that he died during Lent, 11 March 1484.
[12] Crucheman is named in Dalston’s will as one of its witnesses.
[13] Dalston’s will indeed bequeaths £3 to Bale.
[14] Bunche was another of the legatees of Dalston’s will.
[15] 5 marks was £3 6s 8d.
Consistory 