CP40/747: Michaelmas term 1447

Court of Common Pleas, CP 40/747, rot. 339

Term: Michaelmas 1447
County: London
Writ type: Detinue
Damages claimed: 2000m
Damages awarded: 100s
Case type: Arbitration; Detention of goods; Safe keeping; Sale of goods

Pleading: Thomas de Albertis states that on 14 March 1446 he delivered to William, bishop of Salisbury, two documents for safe-keeping. One of these recorded that TA was bound to the heirs of Obertinus de Bardi and his fellow merchants of Florence, and Beligardus de Bardi, merchant of Florence, in £600, and the other that Beligardus de Bardi, merchant of Florence, fellow of the society of the heirs of Obertinus de Bardi, and Benedetto de Boromei, merchant, were jointly bound for them and their society in £600 to TA. These were to be returned on request, but the bishop has refused, to his damage of 2000m.

Pleading: The bishop states that Beligardus de Bardi to whom TA is bound and Beligardus de Bardi, merchant of Florence, are the same person. Presenting the bonds in court, to be delivered as the court orders, he states that these documents were delivered to him by Beligardus and Boromei jointly with the plaintiff, under certain conditions, to be returned to all or one of these under those conditions. However, whether these conditions have been fulfilled on the part of Beligardus and Boromei he is unaware, and asks that they be forewarned. Sheriff to warn them to be here at octave of Martinmas (1447), to show why the documents ought not be returned to TA.

Pleading: [continued at Trinity 1448, rot 423] Parties come, Boromei comes, TA seeks delivery of the documents. Boromei states that the documents should be delivered to him, not TA, since the documents were delivered to the bishop on that day by all three of them, under the condition that either Boromei or Beligardus should stand with TA in the arbitration of the bishop regarding all actions between the Bardi and Beligardus on one part and TA on the other, and should implement the judgment fully and faithfully by Palm Sunday next. If this occurs, then the bonds shall be returned to the respective debtors. But if either party should fail to implement this arbitration, then the bonds shall be delivered to the other party. The bishop made this arbitration on 6 April 1446, by a document made in the bishop's house in Fleet Street, of which Boromei shows part in court [recited in full]. This states that whereas there existed various discords between the Bardi and Beligardus on the one part and TA on the other, these were placed in the arbitration of Nicholas Gyly, Ludovico de Strociis and Angelus Donati de Aldebrandis, and Beligardus and Boromei were bound to TA in £600 to abide by this judgment, while TA and Ludovico Bernard of Venice were similarly bound to Beligardus. These arbiters gave their judgment contained in a paper sealed by them and William Stafford, notary, but the parties did not agree and the case went before the bishop, again under bonds of £600, these being the bonds in contention. The bishop then made his judgment, that the initial judgment by Gyly, Strociis and Aldebrandis be implemented, except for certain clauses, firstly that whereas TA was to deliver to the Bardi the 9 bales of woad, which the Bardi seek from him or the debtor to whom he has sold it, the bishop judges that if TA shows within one month that he has sold the woad, he should render the name of the true debtor to the Bardi, or he shall be bound to pay the cost of these 9 bales himself within three month. Also, the bishop judges that TA shall render to the Bardi within one month one sarplar of 'lokes' wool, and also render to them the names of the debtors for a further two sarplars of 'lokes' wool, or pay them for this, and pay them £8 for 8 butts of wine beyond the £6 they already have. Also within 3 weeks after Easter next, TA is to bring to the bishop in London 6 goblets, 5 spoons one large pot and one small pot, all of silver, which the Bardi claim, and give them to them or pay the equivalent value. Also, within one month TA is to give assurances that if he has received more on the Bardi's account than he has paid, he should pay them the difference. The rest of the judgment shall follow the judgment given by the original arbiters [recited in full, giving full details of the various items sought by both the Bardi and TA, the goods, prices and people involved, etc., and the verdict on each individual transaction]. Benedict then states that Beligardus, in the name of the Bardi, has abided by and fulfilled the terms of the arbitration, but that TA has not.

Pleading: TA, not acknowledging anything said by Benedict, states that he does not have to respond, and seeks delivery of the documents.

Pleading: Benedict states that since the matters alleged by him are sufficient in law to prevent delivery of the documents to TA, and TA has not denied them, he seeks delivery of the documents. Since the justices wish to be advised before reaching a verdict, day is given at octave of Michaelmas 1448

Postea text: Parties came, Boromei came, Beligardus did not come. Sheriff sent that he warned Beligardus and Boromei to be here by Richard Godfrey and Robert Sergeant. TA requests delivery, Boromei seeks licence to imparl to octave of Hilary, has with assent. Judgment on the default of Beligardus deferred until the verdict of the this plea.

Postea text: Parties came, further licence to imparl to octave of Trinity 1448.

Postea text: TA and Benedict come. Since it seems to the justices that TA does not have to answer Benedict on this matter, they order that TA recover the documents from the bishop and have delivery, by virtue of the default of Beligardus and the insufficient plea of Benedict. TA also to have damages from Benedict of 100s, due to his pleadings delaying delivery of the documents. Bishop not amerced, as came on first day. Documents delivered to TA, bishop quit.

Postea text: Benedict, by Thomas Broun, clerk, satisfies TA of the 100s, and is quit.

Case notes: Extremely detailed mercantile case involving Italian merchants. Pleading may possibly have sections missing(??) Continued on CP 40/750, rot 423 (details taken from there).