Henry Barnsdale v. John Bornynges, court of king’s bench, 1607

This marriage negotiation took place between seemingly relatively modest families. The negotiation involved the prospective groom and the father of the bride. The bride’s last name was different from her father’s, so that it is likely that she had been married before. The support for the marriage was only 20 pounds, and only a third of that was to be paid at the day of the marriage. The remaining two-thirds would come only when the bride’s father died.

[The case Henry Barnsdale v. John Bornynges now continued]

Norfolk. Memorandum that formerly, scilt., at Easter term last past before the lord king at Westminster came Henry Barnsdale by Jerome Alexander his attorney and proffered here in the court of the said lord king then there his certain bill against John Bornynges in custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges to prosecute, scilt., John Doo and Richard Roo, which certain bill follows in these words:

          [there was an agreement Henry Barnsdale and John Bornynges that Barnsdale would marry Margaret Cowper, daughter of Bornynges]

Norfolk. Henry Barnsdale complains of John Bornynges in custody of the marshal of the marshalsea of the lord king being before the king himself for this that, whereas on October 10 in the third year of the reign of the lord James now king of England at Fakenham in the abovesaid county it was concorded and agreed between the abovesaid Henry and John at the special instance and request of that John that the same Henry would take a certain Margaret Cowper, the daughter of that John, as wife and would marry her according to the ecclesiastical laws of this realm of England,

[Bornynges promised 20 pounds to support the marriage, a third on the marriage day and two-thirds at his death, the latter to be secured by an obligatory writing]

the same John in consideration thereof undertook on himself and promised faithfully there and then to the aforementioned Henry that he the same John would want to give to the same Henry in marriage portion with the abovesaid Margaret his daughter the sum of 20 pounds of the lawful money of England in the mode and form following, viz., on the day of the marriage 6 pounds 13 shillings and 4 pence (in English, twentie nobles) and twenty marks at the day of the death (in English, the day of deathe) of the abovesaid John, and for the better security of the abovesaid twenty marks to be paid in the abovesaid form the same John promised to the same Henry to want to be held and firmly obliged to the same Henry in a certain obligatory writing for the payment of the abovesaid twenty marks at the day of the death of the abovesaid John,

[Barnsdale, relying on that promise, married Margaret three weeks later]

and the same Henry in fact says that he, relying faithfully on the undertaking and promise of the abovesaid John in this part, afterwards, scilt., on November 1 in the third year of the reign of the said lord king, at Fakenham abovesaid in the county abovesaid took the abovesaid Margaret as his wife and married her according to the ecclesiastical laws of this realm of England then and there,

[Bornynges did not pay the first third of his commitment nor did he make the obligatory writing, whereby Barnsdale is worse off]

nevertheless the abovesaid John, not at all caring for his abovesaid undertaking and promise but scheming and fraudulently intending hotly and craftily to deceive and defraud the abovesaid Henry in this part, did not pay the abovesaid 6 pounds 13 shillings and four pence at the day of the marriage of the abovesaid Henry and Margaret his daughter nor did he become held and obliged by his obligatory writing for the payment of the abovesaid 20 marks remaining of the abovesaid sum of 20 pounds in the mode and form abovesaid according to the form and effect of the undertaking and promise abovesaid of the abovesaid John in the form abovesaid made to the abovesaid Henry, wherefore by default of performance thereof the same Henry says that he is worse off and has damages to the value of fifty pounds, and thereof he produces suit etc.

[Bornynges denies his undertaking, and issue is joined]

And now at this day, scilt., the Friday immediately after the morrow of Holy Trinity this same term, until which day the abovesaid John had licence to emparl to the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid Henry by his attorney and the abovesaid John by Richard Bretton his attorney, and the same John defends force and injury when etc., and says that he did not undertake on himself in the mode and form as the abovesaid Henry above complains against him, and of this he puts himself on the countryside. And the abovesaid Henry similarly etc.

[initial jury summons; no verdict recorded]

Therefore let come thereof a jury before the lord king at Westminster on the Saturday immediately after the quindene of Holy Trinity, and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid there etc.