George Chappelle v. William Mathewe, court of king’s bench, 1607

[the case of George Chappelle v. William Mathewe now continued]

City of Exeter. Memorandum that formerly, scilt., at Hilary term last past before the lord king at Westminster came George Chappelle by Nicholas Weare his attorney, and he proffered here in the court of the said lord king then there his certain bill against William Mathewe in the custody of the marshal of the marshalsea 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 a colloquium between George Chappelle and William Mathewe concerning a marriage between George Chappelle and Anna the daughter of William Mathewe]

City of Exeter. George Chappelle complains concerning William Mathewe being in the custody of the marshal of the marshalsea of the lord king before the king himself for this, viz., that, whereas a certain colloquium was moved and had between the abovesaid George and the aforementioned William for and concerning a certain marriage to be had and solemnized between the same George and a certain Anna Mathewe daughter of the abovesaid William,

[for the marriage William Mathewe promised to pay 200 pounds to George Chappelle: 100 pounds shortly after the marriage and the rest in five annual installments]

the abovesaid William on October 14 in the first year of the reign of the Lord James now king of England at the city of Exeter in the county of the abovesaid city, in consideration that the same George at the special instance and request of the abovesaid William would take as his wife the abovesaid Anna, undertook on himself and then and there faithfully promised to the aforementioned that he the same William would want well and faithfully to pay and content 200 pounds of the lawful money of England to the aforementioned George in marriage portion with the abovesaid Anna, viz., 100 pounds parcel of the abovesaid 200 pounds within a short time after the abovesaid marriage between the abovesaid George and Anna had and celebrated and the other 100 pounds of the abovesaid 200 pounds the residue thereof in the form following, viz., 20 pounds thereof at the end of the first year next following after the marriage had abovesaid between the same George and Anna and thereafter in succession annually at the end of each year then next following one after the other after the abovesaid first year ended 20 pounds until the abovesaid 100 pounds above last mentioned would have been well and faithfully paid and satisfied to the same George,

[George Chappelle and Anna Mathewe, relying on that promise, married, but William Mathewe paid neither the first 100 pounds nor the succeeding three annual installments]

and the same George in fact says that he, relying on the promise and undertaking of the abovesaid William, afterwards, scilt., on November 14 in the first year of the reign of the said lord king now abovesaid at the city of Exeter abovesaid took as his wife the abovesaid Anna, and the same George further in fact says that in the first year next after the abovesaid marriage completed on November 14 in the second year of the reign of the said lord king and on the second year next after the marriage completed on November 14 in the third year of the reign of the said lord king and in the third year next after the abovesaid marriage ending on November 14 in the fourth year of the reign of the said lord king now the abovesaid William, not at all caring for his promise and undertaking abovesaid but scheming and intending in this part hotly and deceptively to deceive and defraud the same George both of the abovesaid 100 pounds to be paid as set out above within a short time after the marriage and of the abovesaid 20 pounds in and on the abovesaid November 14 in the second year of the reign of the said lord king now and of the abovesaid other 20 pounds in and on the abovesaid November 14 in the third year of the reign of the said lord king now and similarly of the abovesaid twenty pounds in and on the abovesaid November 14 in the fourth year of the reign of the said lord king now to be paid, in all adding up to 160 pounds, did not pay the abovesaid 160 pounds nor any part or parcel thereof to the aforementioned George according to his promise and undertaking abovesaid nor in any way contented him for the the same although the same William to this was often asked, but refused to pay them or to content and still refuses to pay at this time, wherefore the same George says that he is worse off and has damages to the value of 300 pounds and thereof he produces suit etc.

[William Mathewe loses by default and an inquest of damages is ordered to ascertain the damage award]

And now at this day, scilt., on Friday next after the morrow of Holy Trinity in this same term until which day the abovesaid William had licence to emparl to the abovesaid bill and then to respond etc., before the lord king at Westminster comes the abovesaid George by his attorney abovesaid, and the abovesaid William at the same day although solemnly exacted does not come nor says anything in bar or preclusion of the abovesaid action of the abovesaid George, whereby the same [William] remains undefended against the same [George] thereof, on account of which the same George ought to recover his damages against the aforementioned William by occasion of the premises. And because the court of the lord king now here does not know what damages the same George sustained by occasion of the abovesaid trespass on the case abovesaid, it is ordered to the sheriff that by the oath of prudent and lawful men of your bailiwick you should diligently inquire what damages the same George sustained both by occasion of the premises and for his outlays and costs put out by him on his suit in this part, and should send that inquisition that etc., to the lord king at Westminster on the [blank] next after [blank] under the seal etc., and the seals etc., together with this lord king’s writ directed thereof to him. The same day is given to the aforementioned George there etc.