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CRIME AND JUSTICE | ![]() |
Subject: | Counter-suits for trespass |
Original source: | York City Archives, Memorandum Book A/Y, ff.186-187 |
Transcription in: | Maud Sellers, ed. York Memorandum Book, part II (1388-1493), Surtees Society, vol.125 (1914), 60-62. |
Original language: | Latin |
Location: | York |
Date: | 1416 |
![]() Session of the king's court of the city of York, held there 4 July 1416 before Thomas Bracebrig and Robert Burton, sheriffs of the city. John Bell of Thirsk brings a complaint against John Cooke, Zealander, in a plea of trespass. Pledge for the prosecution: John Asper spicer; the defendant is attached by pledges Thomas de Aton and John Louth. In which regard the plaintiff, in person, says that on 14 June 1416 in Bootham, in the parish of St. Olave within the liberty of the city of York, the defendant came with armed force that is, swords and other weapons, etc. and assaulted the plaintiff there and called him false and treacherous, whereby his good reputation and credibility were greatly diminished and he suffers that loss up to the present; and he took six pounds in coin that he found on the plaintiff, and unjustly carried it off in breach of the king's peace. So that, the plaintiff says, he suffered losses and damages to the value of £20; and for that reason he has brought this action etc. The defendant, by his attorney John Alman, came and denied the force etc., everything which etc., when etc., and the damages of £20 etc., and he says that the defendant is in no way guilty of the charges laid against him by the plaintiff etc., and that this is the case he submits to a jury etc. The plaintiff says that the defendant is guilty exactly as he earlier declared him to be; and that this is the case he likewise submits to a jury etc. Therefore a jury is to be brought into the dispute between them etc. Thereafter the [legal] process continued from day to day, according to the custom of the city, because of default of jurors, until 12 August of that year, when the 12 jurors selected, inspected and sworn according to custom etc. state under oath that the defendant is in no way guilty of the charges laid against him by the plaintiff etc. Therefore it is the judgement of the court that the plaintiff take nothing by his plea but is to be amerced for his unfounded accusation. The case against the defendant is dismissed. Session of the king's court of the city of York, held there 4 July 1416 before Thomas Bracebrig and Robert Burton, sheriffs of the city. John Cooke, Zealander, brings a complaint against John Bell of Thirsk in a plea of trespass. Pledge for the prosecution: Thomas de Aton; the defendant is attached by pledges Andrew Ferur and John Asper spicer. In which regard the plaintiff, by his attorney John Alman, says that here within the liberty of York on 15 June 1416 the defendant unjustly came with armed force that is, daggers and other weapons and assaulted the plaintiff and called him false and treacherous, whereby his good reputation and credibility were greatly diminished, and made such serious threats to assault and beat the plaintiff that he was in fear of his life; and that he took, removed and carried off goods and possessions of the plaintiff that he found there: a horse with saddle and bridle, worth 50s.; a sword, a dagger, a wallet, a pair of "lynclathes", and 1 kerchief, together worth 10s.; a leather purse, worth 12d.; together with 12s.6d. in coin. And, unjustly and in breach of the king's peace, he imprisoned the plaintiff and, from the 15th to the 21st, held him imprisoned, so that the plaintiff was in fear of his life and was unable to go about his business or perform his necessaries or go anywhere. So that, the plaintiff says, he suffered losses and damages to the value of £20; and for that reason he has brought this action etc. The defendant, by his attorney Robert Orwell, came and denied the force etc., everything which etc., when etc., and the damages of £20 etc., and he says that the defendant is in no way guilty of what he has been accused etc., and that this is the case he submits to a jury etc. The plaintiff says that the defendant is guilty exactly as he earlier declared him to be; and that this is the case he likewise submits to a jury etc. Therefore a jury is to be brought into the dispute between them etc. Thereafter the [legal] process continued from day to day, according to the custom of the city, because of default of jurors, until 11 July of that year, when the 12 jurors selected, inspected and sworn according to custom etc. state under oath that the defendant is guilty of the trespass just as was stated against him previously, except in the manner of the armed assault, and they assess damages for the plaintiff in regard to the trespass at £5. Therefore it is the judgement of the court that the plaintiff recover his damages, assessed by the inquest at £5, and the defendant is to be amerced. At which point the plaintiff requests execution against the defendant's pledges for his damages etc.; and the court grants this. |
Created: August 18, 2001. Last update: November 23, 2002 | © Stephen Alsford, 2001-2003 |
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