Calendar of the Plea and Memoranda Rolls of the City of London: Volume 1, 1323-1364. Originally published by His Majesty's Stationery Office, London, 1926.
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Torold de Gascoigne, merchant of the Staple of Westminster (fn. 1), brought a bill under the seal of that Staple, praying the Mayor and Recorder to do justice to the said Torold in his complaint against Fride de Gysane. The request is made because the said Fride had no goods within the Staple, and the Mayor of the Staple desired to safeguard the liberties of London. (F)
The said Torold then claimed from Fride, who was executor of Peryn Robert—a partner of the late Matthew Fortegerwerre—the sum of £475 for goods delivered and money lent to Peryn and Matthew. The goods included 6 posts (postas) (fn. 2) of "cindon" at 100s the post, 8 dozen Lombardy veils (velamind) at £4 10s the dozen, a quantity of white linen of Brabant and "Reynes" weave (tele) (fn. 3), 9 pipes of Crete wine and 2 pipes of Greek wine (de Grego). The money was alleged to have been lent in the form of sterling, and in 24 "maylles (fn. 4) " of Florence value 25d each, nobles at 6s 8d each, old nobles and scudos (fn. 5) (scutos) at 45d each, 1 "motoun (fn. 6) " value 46d, 10 "scutos de Phelippes (fn. 7) " at 38½d each, and to have been received on behalf of Peryn and Matthew by Benedict Fauncoun, John Taverner, Jacomin de Nauvarre, Janin Pestoll, Matthew Prate, Bindo de Monte Magno and Benedict de Caustone.
The defendant denied the debt and claimed a jury composed as to one half of Lombards (fn. 8). Order was given to the Serjeant to summon a jury of 24 persons from Lombard Street, consisting of Lombards and citizens. He reported that he had summoned Nicholas de Maryns, Silvester Nicholas, Antonius Fole, Vaud Huberd, Jakes Jacomyn, John Baldewyn, Jakes Monserner, Nicholas Donat, Nicholas Negrebon, John Donat, Bartholomew Myne, Francis Bartholomew, and William de la Rook, John Burstall, Richard de Chesham, William Morewode, John de Ikelyngham, Roger..., Henry de Yerdele, John Beneyt, John Bullok, Giles de Kelleseye, Richard de Claveryng, William Wodehous, Robert Corn and Henry le Lyndraper.
Membr. 1 b
After several adjournments owing to the non-appearance of the jury; the parties put themselves on the arbitration of Jakes Jacomyn, Antonius de la Valle, Walter de Bardes, Lazar Guynyn and Julian Zybo of Genoa. (L)
Sureties, were accepted for the good behaviour of William de Wodeford towards Richard de Essex, Adam Stable and Adam de Wymondham, mercers; of John atte Grene, butcher; and of Guy Elys and Dunstan Herderech towards Thomas de Sharnebrok. (L)
John Pecche and Ellen his wife demand an Assize of Nuisance against Michael de la Pole (fn. 9), "chivaler," touching their free tenement in the parish of St Mary Woolnoth. (L)
Sureties were accepted for the good behaviour of William de Asshewell, Roger Foundour, John de Abyndon, John Rede, Gilbert Holdernessh, John de Stratton, Canalcus de Passe, Walter Wynter, Henry de York, Thomas de Brumpton, Thomas Levesham, John Rook, William de Spaldyng, William de Olney and others. (L)
John Tot, draper, sued Adam Fermer, cutler, and Maud his wife for damages, in relation to a purchase of tenements in the Ryole, which tenements were afterwards found by an Inquisition post Mortem to have belonged to Sarah, daughter of John Amys, who died without heirs, in consequence of which the tenements were escheated to the King. The plaintiff produced a deed by which the defendants purported to convey to him these tenements, which they acquired from William Strokelady, fishmonger, situate in the Ryole, and bounded on the north by a house in the occupation of John de Northfoulk and formerly belonging to Sir John de Pulteneye, on the south by their stone house called the Pye on the Hope," and on the west by the highway of the Ryole.
The defendants pleaded that the plaintiff had no action against them, except by calling them to warrant the above tenements or by a writ of warranty. After an adjournment for consultation, the Court awarded the plaintiff £100 damages. (F and L)
John Litlyngton claimed damages against Richard Grom and Estriche his wife for waste committed by them, viz. tearing down and selling doors and windows, in a certain messuage and shops, pendente lite, contrary to the Statute of Gloucester (fn. 10). The plaintiff had sued them for the messuage by a writ of Right Patent (fn. 11) and had recovered them. The defendants pleaded that the waste prohibited by the Statute only referred to waste committed between judgment and execution, but they afterwards compromised the matter by paying the plaintiff for the damage done. (F and L)
Richard Jolyngham, merchant of the Staple of Westminster, and Cristina his wife, executrix of Philip FitzNichol, merchant of the same Staple, produced a bill of the Staple desiring the Mayor and Recorder to do them justice in an action for debt against John atte Wode, from whom they claimed the sum of £61 10s due to the said Philip after account made. (F)
The defendant denied having made account with the said Philip and the debt alleged, and waged his law. Subsequently he produced an acquittance under the name of Hugh Fyssh, co-executor of the plaintiff. The plaintiffs pleaded that the defendant had acknowledged Cristina to be the sole executrix and had waged his law, and they demanded judgment as to whether they were bound to answer to the acquittance. The defendant, on his part, now refused to make his law. The Court gave judgment for the plaintiffs for the amount claimed. (L)
Canalke Passe of Lucca, merchant of the Staple of Westminster, produced a bill of the Staple, desiring the Mayor and Recorder to do justice to the said Canalke in the matter of a debt of £15 owed to him by Roger Poye, mercer, for various goods sold and delivered, viz. fustians, "bokerams," veils (velamina) of " Wormoyse (fn. 12)," " relusauns (fn. 13)," and " bourde de Alesaundre " of Lombardy (fn. 14). (F)
Henry de Tamworth, tailor, Adam de Carlell, draper, Michael de Cornwaille, Richard de Knoueslee, tailor, William Essex, Adam Stable and William Trugewyk were mainprised to keep the peace with Adam de Carlell, tailor. (L)
John Wroth of London, merchant of the Staple of Westminster, sued William Tong, merchant of the Staple, for £617 10s due for 100 sacks of wool sold to Thomas de Notyngham, his partner, and secured on a bond. (F)
In his declaration he pleaded that, according to the Law Merchant, when one of two partners bought goods for their common profit, the other was equally responsible for the debt. The defendant said he had no knowledge of the bond and waged his law that he did not owe the money. The plaintiff replied that as the defendant did not impugn the bond or deny that he was a partner, he was not entitled by the Law Merchant to clear himself by his law. The Court was adjourned for consultation, but meanwhile the defendant came to terms with the plaintiff. (L)
Fredus de Ghinizano, merchant of Lucca, executor of Parentus Roberd of Lucca, produced a bill of the Staple of Westminster, desiring the Mayor and Recorder to do him justice in an action for debt against William de Coloygne, executor of the will of John de Coloygne. (F)
In his declaration the plaintiff claimed the sum of £48 as due to the estate of the said Parentus for 11,500 pearls supplied to the said John de Coloygne. The defendant pleaded that John's executors were his wife Dulcia, Roger de Coloygne and others, who administered the estate of the said John, and that he himself, the defendant, was merely one of the executors of the above Roger, whose goods he administered in the parish of St Peter's Cornhill. The plaintiff repeated that William was direct executor of John. Accordingly on the issue as to whether the defendant was John's executor, or merely executor of John's executor, a mixed jury of citizens and Lombards was summoned, because the plaintiff was a Lombard. The jury found a verdict substantiating the defendant's pleading. A day was given in order that the Court might consider the effect of this verdict. (L)
Writ of Protection in favour of Peter Radulfi of the Society of the Bardi. Creditors are forbidden to enforce judgments against him until he has paid the King all moneys due to the Crown. Dated at Westminster, 10 Dec. Ao 46 Edw. III . (L)
A lavatory (lavatorium) of pewter (fn. 15) with pipes belonging to John Syward was condemned as defective by a jury of pewterers, who said that the metal used was false and so thin that it would not stand up. Judgment deferred. (L)