Legal Definitions - damage-cleer

Damage-cleer was a historical fee in English law, paid by a plaintiff (the person bringing a lawsuit) who had successfully won a monetary award (damages) in certain courts, such as the Court of Common Pleas or the King's Bench. This fee was a percentage of the awarded damages and had to be paid to court officials before the plaintiff could actually collect the money they were owed. Originally, it served as a form of compensation or gratuity for court clerks who performed the work of preparing legal documents and pleadings. This practice was eventually abolished by statute.

Here are some examples illustrating how damage-cleer would have applied:

• Example 1: Property Damage

  Imagine a landowner, Master William, in 17th-century England, whose crops were destroyed by a neighbor's runaway livestock. Master William sued his neighbor for trespass and, after a trial, was awarded 12 marks in damages to cover his losses. Before Master William could legally compel his neighbor to pay the 12 marks, he would first have been required to pay a "damage-cleer" fee to the court, typically a percentage of his award. This payment was a prerequisite for the court to issue the necessary orders for him to collect his judgment.

• Example 2: Breach of Agreement

  Consider a merchant, Mistress Anne, who had a written agreement (a covenant) with a supplier for a specific quantity of timber. The supplier failed to deliver the timber as promised, causing Mistress Anne to lose profits on a construction project. She successfully sued the supplier in the King's Bench and was awarded 25 marks in damages for the breach of covenant. To enforce this judgment and receive her 25 marks, Mistress Anne would first be required to pay a "damage-cleer" fee to the court's chief officer. This fee compensated the court clerks for their administrative work in processing her case and preparing the documents needed for execution.

• Example 3: Personal Injury

  Picture a village artisan, John, who was physically assaulted by a rival, resulting in medical expenses and lost income due to his injuries. John sued his assailant for battery and won a judgment of 18 marks in damages. Before John could legally compel his assailant to pay the 18 marks, he would have had to settle the "damage-cleer" fee with the court. This historical fee ensured that the court clerks received their due for the administrative work involved in handling John's case and preparing the execution documents, allowing him to finally collect his awarded compensation.