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(1) A fascinating 15th-century case involving sorcery, defamation and a late-medieval schedule of loss and bill of damages! Hold on to your hats, folks; it's Damsell v Green (1495).
(2) The plaintiff is one "Sir John Damsell preest", a priest of the Chapel of St Thomas on the Bridge. In medieval days, London Bridge had buildings on each side of the roadway, much like the Ponte Vecchio. In the centre of the bridge, there was a stone chapel that had been
(3) built in the late 12th-century in honour of St Thomas Becket (attached pic of London Bridge, from 15th-cent manuscript). Sir John was a priest at the said chapel. Sir John alleges that one Edward Green, a mercer of the City, "surmysed by conjuracion he knew that your seid
(4) oratour had robbed hym of a chest of xx cuppes of silver, vi masers & iii psalters to the value of C li [£100] as more largely it appeareth for mater of recorde by declaracion of the seid Edward in the Comptoir in the Pultry of the seid Citie". In other words, Edward went to
(5) the 'compter' (a small prison / office for the sheriff) on Poultry (still a street in modern London) and said that due to means magical, he knew that Sir John had robbed him and was holding his goods in a chest.
(6) It seems that the way Mr Green was actually alerted to the putative presence of the goods in Sir John's chest was an anonymous note that was sent to him, which read as follows; "Go over the water into Southwerk to Seint Margaretes church behind the church stile where ye
(7) shall fynde an old mann of Seint Thomas Chapell on the bridge. & in his chambre ye shall fynde your chest & goodes. And yf eny mann aske you sey you have conjured for it. Sey so be not afrede. He that wrote this bille prayeth you to make noo wordes thereof" The plot thickens!
(8) Sir John alleges that Mr Green "sent for the bayly of Southwarke and constabylls of the same and serched the said prestes chambre and other houses wher the said prest was acquynted". And, "your seid Orator was arrested and kept in prison long tyme contrary to alle ryght
(9) & conscience & also lost his service [employment] & credence [reputation] unto this tyme & also spent alle such goodes as he had to his grete shame & bitter undoing ... so that he is of noun power to sue the comene lawe for his remedy". Sir John spent 11 days in jail while
(10) Mr Green sued a trespass in the Mayor's Court held in the London Guildhall (pictured). However, Mr Green ended up dropping the case. Sir John now asks the Star Chamber for a remedy for the false accusation. His schedule of loss and bill of costs is as follows.
(11) The first item, Sir John paid an officer 'viii d' (8 pence) for a declaration, possibly the declaration that Mr Green had given that he would not be pursuing his claim in the Mayor's Court. The second item, for 'iii s iv d' (3 shillings, 4 pence) were the costs of being
(12) moved from the prison to the Guildhall during two days in which proceedings subsisted, until Mr Green's claim was 'nawnesewyt' (non-suited). The next item, the fees for his attorney during the proceedings and withdrawal of the said action; 'ii s' (2 shillings).
(13) Next item, costs being in the compter for 11 days (payments to the gaoler for food, drink, a nicer room, etc); 'x s' (10 shillings). It seems he arbitrated this matter, for which costs he had to bring his friends in three boats to Lambeth to the hearings, bought their
(14) dinners and breakfasts, paid the arbitrators 'xlvii s' (47 shillings). Next item, by the 'noyse' (quarrel) and "heynous exclamacon .. the said Sir John was put fro his servyce at seynt Thomas Chapell on london Bryge", in other words, lost his job and since then has not had
(15) a full year's employment over a period of four years. Damages 'xl li' (£40). Item "for the makyng of his bylle of Compleynt to sew for his remedye in this honorabyll court and his counsell"; legal costs, barristers fees, 'vi s viii d' (6 shillings, 8 pence). The next item
(16) the making of copies of various legal documents required in the litigation, and further barrister's fees 'x s' (10 shillings). "Item to his counsell every terme bysyde xld duryng xiiii termys", his barrister's retainer during the litigation running over 13 legal terms,
(17) 'xlvi s viii d' (46 shillings, 8 pence). And his solicitor's fees, "Item to his atorney every terme by the said xiiii termys", 'xxiii s iiii d' (23 shillings, 4 pence). Total of the schedule of loss and bill of costs; £46 , 10 shillings, 8 pence. And that's it! Hope you
(18) enjoyed this medieval case :)
@BeattieDr @MedievalMcSheff @BarbaraRich_law @cjr1968 @GavinBennison @CivilLitTweet @Maggotlaw @sarahcrowtherqc @ShipBrief @Francis_Hoar Thought the case above may be of interest, it's quite a fun / interesting one.
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