(Thread) We can all have bad / embarrassing days in court. Even 15th-century barristers. Invariably the cause; inadequate preparation. I present for your delectation and schadenfreude the 1430 case of A v B & C (yes, the law report writer couldn't care less what their names were)

(2) It's a case over "spoiled" wine of the "Rumney" variety (i.e. Romania, eg the Byzantine Empire / Greek). C was the wine merchant, and B was his servant/agent. C's counsel, Serjeant Rolf, argued first by "abatement" (i.e. the writ should "abate" due to errors). He says that

(3) the writ says "habilem" (accusative masc. singular of habilis). Serjeant Rolf says it should be spelled "abilem" with no "h", ergo the writ must abate as it is "false Latin, or no Latin". He is, in fact, wrong. Babington CJ (Chief Justice, Common Pleas) says that some of the

(4) clerks say it can be written with an "h", some say not, so he should leave off that point. Serjeant Rolf then says that the writ does not specify the amount of money in question. The justices answer that it says "for a certain sum of money". The generality in the writ can be

(5) in the "count" (the pleadings), so the justices say he has nothing there. Here were get to the most delicious part of the report. Rolf says that the covenant does not warrant that the wine shall be wholesome; there is no contractual term requiring it. The justices, Rolf and

(6) standing around the bar of the court then argue about whether this is necessary; statute against sale of unwholesome victuals will imply into the covenant such a term. After some debate back and forth, the clerk of the Common Please, Heuster, pipes up and says, "Err, I just

(7) re-read the covenant. It does specifically covenant that the wine shall be wholesome". I can only imagine the shade of red Serjeant Rolf's cheeks would be turning. Do any of you have any similar stories in court?

(8) If you'd like to read more about 15th-century lawyers, please feel free to check out my block and my article "A Day in the Life of a 15th-century barrister" https://orderofthecoif.wordpress.com/2018/03/04/a-day-in-the-life-of-a-15th-century-barrister/

(9) And now awkward part rattling my cyber tin to passers-by; w/ the covid crisis and shutting down of the national archives, Brit Library and Cam UL, masters completion has been delayed. For those already have so generously donated, my sincere thanks https://www.gofundme.com/fundraiser-for-legal-history-texts