Carder v Chichester
Barnstaple Quarter Sessions 26 May 1679
The narratio (statement of claim) in a common law action of trespass on the case in indebitatus assumpsit for a debt of six pounds by Mary Carder against Hugh Chichester
Transcribed and translated from a photocopy of the original at North Devon Record Office (ref.B1/46/437) by Desmond Painter with advice from Tim Wormleighton, Katrina Legg and David Ibbetson, July 2007
Barnestaple: Hugo Chichester attachiatus fuit ad respondendum Marie Carder de placito transgressionis super Casum &c Et unde eadem Maria per Ricardum Rosser Attornatum suum queritur quare cum predictus Hugo vicesimo sexto die Martij anno regni Regis Caroli secundi nunc Anglie &c tricesimo primo hic apud Barnestaple infra Jurisdictione huius Curie indebitatus fuisset predicte Marie in sexaginta solidos legalis monete Anglie pro tant[is] denari[or]um summis per ipsum Hugonem de eadem Maria ante tempus illud habet1 & recepit2 Et sic indebitatus existens idem Hugo in Consideracione inde super se assumpsit & eidem Marie adtunc & ibidem fideliter promisit quod ipse idem Hugo predictos sexaginta solidos eidem Marie cum inde postea requisitus esset bene & fideliter solvere & contentare vellet Cumque etiam predictus Hugo postea scilicet eodem vicesimo sexto die Marcij anno tricesimo primo supradicto hic apud Barnestaple praedict[um] infra Jurisdictione praedicta insimul computasset cum eandem Maria[m] de diversis denari[or]um summis eidem Marie per prefatum Hugonem tunc debitis & insolutis Et super Compoto illo predictus Hugo inventus fuit in arreragijs erga eandem Mariam in alijs sexaginta solidis similis legalis monete Anglie Et sic inde in arreragijis existens predictus Hugo adtunc & ibidem in Consideracione inde super se assumpsit & eidem Marie fideliter promisit quod ipse idem Hugo predictos sexaginta solidos ultimo mencionatos eidem Marie cum inde postea requisitus esset bene & fideliter solvere & contentare vellet predictus tamen Hugo separales promissiones & assumpciones suas predictas in forma predicta factas minime curans set machinans & fraudulenter intendens ipsam Mariam de praedictis separalis denari[or]um summis in toto se attingen[tibus] ad sex libras callide & subdole decipere & defraudare predictas sex libras seu aliquem inde denarios eidem Marie secundam separales promissiones & assumpciones suas predictas non solvit seu aliqualiter perinde contentavit licet ad hoc faciendum praedictus Hugo postea scilicet ultimo die Marcij anno tricesimo primo supradicto & sepius postea hic apud Barnestaple praedictum infra Jurisdictione predicte per eandem Mariam requisitus esset Set illos ei solvere hucusque omnino recusavit & adhuc recusat ad dampnum ipsius Marie decem librarum Et inde producit sectam &c
1 sic. More accurately habitis
2 sic. More accurately receptis
Carder v Chichester
Barnstaple Quarter Sessions 26 May 1679
Barnstaple: Hugh Chichester was attached to answer to Mary Carder in a plea of trespass upon the case &c And whereas the same Mary through her attorney Richard Rosser complains whereas the said Hugh on the twenty-sixth day of March in the year of the reign of King Charles the second that now is king of England &c the thirty first in Barnstaple within the jurisdiction of this court was indebted to the said Mary Carder to the extent of sixty shillings of lawful money of England for such a sum of money by the same Hugh from the same Mary before that time had & received And being thus indebted the same Hugh in Consideration thereof took upon himself and then and there faithfully promised to the same Mary that he the same Hugh aforesaid would when he should thereafter be requested pay and satisfy the same Mary of the said sixty shillings And also whereas the said Hugh thereafter namely on the same twenty-sixth day of March in the said thirty-first year here in Barnstaple under the said jurisdiction accounted with the said Mary concerning divers sums of money then to the said Mary by the said Hugh owing and unpaid And upon that account the said Hugh was found to be in arrears towards the said Mary in respect of a further sixty shillings of the same lawful money of England And so being in arrears the said Hugh then and there in Consideration thereof from that time took upon himself and then and there faithfully promised to the same Mary that he the same Hugh aforesaid would when he should thereafter be requested pay and satisfy the said sixty shillings last mentioned. However the said Hugh not regarding his several promises and undertakings in the form aforesaid but scheming and with fraudulent intent cunningly and underhandedly intending to deceive and defraud the said Mary of the said several sums of money amounting in total to six pounds has thereafter neither paid the said Mary the said six pounds or other such moneys according to the said several promises and undertakings nor in any other manner similarly given satisfaction to this end although the said Hugh thereafter namely on the last day of March in the said thirty-first year and often thereafter here in Barnstaple aforesaid within the said jurisdiction was requested by the same Mary [to pay the said sums] But he altogether refused and still refuses to pay to her any or all of them to the damage of the same Mary [in the sum] of ten pounds And therefore she produces suit &c
- Hugh Chichester, the defendant, was a junior member of the Chichester family, Lords of the Manor of Arlington. Mary Carder, the plaintiff, was probably the wife of Andrew Carder, merchant of Barnstaple; although there was another Mary, the wife of Amos Carder, a Chichester tenant then farming at Arlington, who could have been the plaintiff in this case.
- A common law action to recover a debt was in form a tortious action based on the medieval writs of trespass (hence 'trespass on the (special) case') The fictitious John Doe and Richard Roe were nominally guarantors that the plaintiff would proceed with the action
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