John Coppyn v. Thomas Haukyn, court of king’s bench, 1607

The case Coppyn v. Haukyn, the facts being taken most charitably for each side, reveals a situation in three brothers tried to provide a husband and care for a sister who was unstable in mind. The designated husband had little in the way of his own assets, and the brothers continued to hold their sister’s assets with designated payments to the couple or their children under different circumstances, but the underlying requirement was that the couple live together as man and wife. When the wife died without issue, the brothers alleged that the husband had abandoned and thus forfeited any right to the wife’s money; the husband claimed first successfully in chancery court that he had naively signed the indenture and then in defense of this action of covenant that he had not abandoned his wife.

A companion case, Thomas Haukyn v. Silvestria executrix of Thomas Coppyn, also a case of covenant, likewise recites the indenture and has similar pleadings (but not the chancery suit) and the same issue. Unlike Coppyn v. Haukyn, however, Haukyn v. Coppyn has the jury verdict. Since the court did not proceed to a judgment on the verdict, however, one suspects that the Coppyns either paid or struck a compromise with Haukyn, who thus had apparently not abandoned his wife. Although Haukyn v. Coppyn is not translated here, the AALT images for the case are provided above.

[the case John Coppyn v. Thomas Haukyn now continues]

Kent. Memorandum that formerly, scilt., in the Easter term last past, before the lord king at Westminster came John Coppyn by Stephen Worley his attorney and proffered here in the court of the said lord king then there his certain bill against Thomas Haukyn in custody of the marshal etc., concerning a plea of covenant broken, and there are pledges for prosecution, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[an indenture was made between Thomas Haukyn and Mary his wife and William, Thomas, and John Coppyn the brothers of Mary; the indenture was made because Thomas Haukyn was unable to provide Mary with a jointure proportional to what she brought into the marriage]

Kent. John Coppyn complains of Thomas Haukyn in the custody of the marshal of the marshalsea of the lord king, being before the king himself concerning a plea of a covenant broken, for this, viz., that, whereas by a certain indenture made at Adisham in the county abovesaid on July 1 in the fortieth year of the reign of the Lady Elizabeth late queen of England between the abovesaid Thomas Haukyn and Mary then his wife now deceased by the names Thomas Haukyn of Nonington in Kent and Mary his wife on one side and a certain William Coppyn by the name of William Coppyn of Deal in the said county yeoman, Thomas Coppyn by the name of Thomas Coppyn of Deal abovesaid, and the abovesaid John Coppyn by the name of John Coppyn of Kingstone in the said county yeoman on the other side, of which certain indenture the other part sealed with the seal of that Thomas Haukyn bearing the date at the same day and year the same John Coppyn here in court proffers, by reciting by the indenture that, whereas the abovesaid Thomas Haukyn lately espoused (in English, had espowsed) and took as his wife the abovesaid Mary one of the sisters of the abovesaid William, Thomas, and John Coppyn, and whereas also the abovesaid Thomas Haukyn before the abovesaid marriage and since (in English, sithence) the abovesaid marriage between them was not able (in English, able) to make to the abovesaid Mary then his wife a sufficient jointure ratable according to the portion that the abovesaid Mary had,

[Mary could bring into the marriage 180 pounds]

and whereas also the abovesaid Mary part by the last will and testament of John Coppyn her father deceased and part by the gift of Mary Boys her mother and otherwise was to have for her portion the sum of 180 pounds or thereabouts of the lawful money of England

[the three brothers were each burdenable for 60 pounds of Mary’s portion]

with which certain portion the abovesaid William, Thomas, and John Coppyn were contented to stand burdened and burdenable, viz., each of them with the sum of 60 pounds of the similar lawful money of England,

THE TERMS OF THE INDENTURE

[Thomas Haukyn agreed that Mary’s assets would remain in the brothers’ hands for the following purposes in the following situations:]

and whereas also the abovesaid Thomas Haukyn was contented and agreed in response that he the same abovesaid Thomas Haukyn was not able assure to the abovesaid Mary his wife any jointure of the lands and tenements ratably (in English, ratably) according to her abovesaid portion that the whole abovesaid portion and each part thereof would remain and continue in the disposition of the abovesaid William, Thomas, and John Coppyn, their executors, administrators, and assigns as was said above to the end and purpose

[(1) if Mary survived Thomas, then the brothers would pay over the 180 pounds to Mary after Thomas’s death but while the marriage was enduring each of the three would pay the couple 6 pounds each year for their maintenance, ie., a total of 18 pounds each year]

that if it happen then thenceforth that she the abovesaid Mary survive the abovesaid Thomas Haukyn, that then the abovesaid William, Thomas, and John Coppyn, their executors, administrators, or assigns separately would content and pay or cause to be contented or paid to the abovesaid Mary thus surviving the abovesaid Thomas Haukyn her husband as is said above, her executors, administrators, or assigns each of them the sum of 60 pounds of the lawful money of England within a convenient time after the death of the abovesaid Thomas Haukyn, and meanwhile, the marriage and coverture enduring between the abovesaid Thomas Haukyn and the abovesaid Mary, that those abovesaid William, Thomas Coppyn and John Coppyn, their executors, administrators and assigns separately would content and pay or cause to be contented and paid for the use of the abovesaid portion to the abovesaid Thomas Haukyn and Mary his wife toward their maintenance and sustenance, each of them 6 pounds per year of the similar lawful money of England at the four usual feast of the year, viz., at the feasts of the Annunciation of the Blessed Virgin Mary, the Nativity of St. John the Baptist, St. Michael the Archangel, and the Nativity of our lord Christ by equal portions by them separately to be paid,

[(2) if Mary died before Thomas leaving issue, then the three brothers would pay to the issue when they reached the age of 21 their equal share of the 180 pounds, and before they reached that age would pay the proportional amount of the 18 pounds yearly to each for their education and upbringing]

and it if happen that the abovesaid Mary dies before the abovesaid Thomas Haukyn having issue or issues by the abovesaid Thomas Haukyn, that they the abovesaid William, Thomas, and John Coppyn, their executors, administrators, or assigns separately would content and pay to the above issue or issues to be divided equally between them each at her (in English, her) or their full ages of 21 years, each of the same abovesaid William, Thomas Coppyn, and John Coppyn the sum of 60 pounds, and during their minority and minorities toward their education (in English, their education), bringing up (in English, bringing upp), each of them the sum of 6 pounds per year by equal portions to be paid by them separately as was said above at her (in English, her) or their use,

[(3) if Mary died before Thomas without issue and they had continued to live together as man and wife, the three brothers should pay Thomas the 180 pounds within 6 months of Mary’s death]

and that if it happen that the abovesaid Mary die before the abovesaid Thomas Haukyn her husband without issue of her body legitimately procreated and that the abovesaid Thomas Haukyn and Mary his wife continued and lived together as husband and wife (in English, as man & wife) that then the abovesaid William, Thomas, and John Coppyn, their executors, administrators, or assigns would content and pay or cause to be contented and paid to the aforementioned Thomas Haukyn, his executors, administrators, or assigns of the abovesaid Thomas Haukyn thus surviving the abovesaid Mary his wife dying without issue of her body legitimately procreated as has been said above and living together for the whole time of their lives (in English, in their lief tyme) as man and wife as before was specified, each of those abovesaid William, Thomas, and John Coppyn, their executors, administrators, or assigns [should pay] the sum of 60 pounds within 6 months immediately following after the death of the abovesaid Mary dying without issue as was said above before the abovesaid Thomas Haukyn, them living together the whole times of their lives (in English, in their life tyme) as man and wife (in English, as man & wief) as has been said above, the abovesaid payments to be made at the north porch of the parish church of Deal abovesaid,

[(4) if Thomas abandoned Mary during the marriage, no payments at all would be made to Thomas, but the 18 pounds each year would be used for Mary and after her death the 180 pounds would go to her heirs]

and that if it happen thenceforth that the abovesaid Thomas Haukyn should depart (in English, shoulde departe) from the abovesaid Mary or not live together (in English, not live together) as man and wife, that then the abovesaid William, Thomas, and John Coppyn, their executors, administrators, or assigns would neither content nor pay to the abovesaid Thomas Haukyn the abovesaid sum of 6 pounds per year during the abovesaid marriage and coverture between the abovesaid Thomas Haukyn and Mary his wife nor to the abovesaid Thomas Haukyn surviving the abovesaid Mary dying without issue as has been said above to the abovesaid Thomas Haukyn departing (in English, departinge) from the abovesaid Mary or not living together as man and wife (in English, as man & wiefe) the abovesaid sum of 60 pounds separately at has been said above nor any part thereof, but that the abovesaid sum of 6 pounds per year by them separately would be paid to the use of the abovesaid Mary during the time of her life in the case that the abovesaid Thomas Haukyn depart (in English, departe) from his abovesaid wife or not live together as man and wife (in English, as man & wife), and that if it happen that the abovesaid Thomas Haukyn then depart from his abovesaid wife or not live as man and wife (in English, as man and wife) and that the abovesaid Mary happen thenceforth to die without issue legitimately proceeding from her body, the abovesaid Thomas Haukyn her husband living, that then the abovesaid sum of 180 pounds thus remaining as was said above would remain and come after the death of the abovesaid Mary thus dying without issue, the abovesaid Thomas Haukyn then living having departed (in English, having departed) from the abovesaid Mary in her life (in English, her lief tyme) or not living together (in English, not lived together) as husband and wife (in English, as man and wief) to the right heirs of the abovesaid Mary,

[Thomas and Mary acknowledged receipt of all Mary’s assets and remitted all claims they might have against William, who had held Mary’s assets, except as regards the 60 pounds he continued to hold under the above terms]

and whereas the abovesaid Mary long since (in English, longe sithence) had received from the abovesaid William Coppyn as assign of the abovesaid Mary Boys all and singular such portions, moneys, or legacies that the abovesaid Mary otherwise ought to have by the last will and testament of the abovesaid John Coppin her father or otherwise, then the abovesaid Thomas Haukyn and Mary his wife by the abovesaid indenture acknowledged themselves satisfied and paid by the abovesaid William Coppyn as assign of the abovesaid Mary Boys of all and singular legacies given or bequeathed (in English, bequeathed) to the aforementioned Mary wife of the abovesaid Thomas Haukyn to her by her abovesaid father and of all sum and sums of money given to the aforementioned Mary Haukyn to her by any other person or persons and they remitted and relaxed to the abovesaid William Coppyn all actions for them except always their right (in English, their right) of and in the abovesaid sum of 60 pounds which by true intention (in English, true meaning) of the abovesaid indenture was to remain at the disposition of the abovesaid William Coppyn, his executors and administrators as has been said above by the deliberation and consent of the abovesaid Mary before any marriage had between her and the abovesaid Thomas Haukyn,

[and Thomas specifically covenanted:]

and especially the abovesaid Thomas Haukyn for himself, his heirs, executors, and administrators covenanted and granted to and with the abovesaid William, Thomas, and John Coppyn, their executors and administrators and each of them by the abovesaid indenture in mode and form following:

[(1) that Thomas and Mary would permit the three brothers each to hold 60 pounds as specified before and would not sue them for those sums]

First, that they the abovesaid Thomas Haukyn and Mary his wife would permit and [allow?] the abovesaid William, Thomas, and John Coppyn, their executors and administrators to have in their separate dispositions as was said above to each of them 60 pounds to the abovesaid uses during the coverture and marriage between him the abovesaid Thomas Haukyn and the abovesaid Mary and according to the true intention (in English, the true meaninge) of the abovesaid indenture without demand or suit for the same or any part thereof or (in English, eyther) of the abovesaid William, Thomas, and John Coppyn or any of them or their executors or administrators of any of them,

[(2) if Thomas and/or Mary sued for the money, then the indenture would serve as a complete bar to their action in any court]

and that if the abovesaid Thomas Haukyn and Mary his wife jointly or separately or their executors or administrators of the abovesaid Thomas Haukyn at any time thence prosecute a suit (in English, sute) or implead the abovesaid William or Thomas or John Coppyn jointly or singly or the executors or administrators of any of them either in any spiritual court or in any other court at common law, in any court of chancery or in other court of record against the purport and true intention (in English, true meaninge) of the abovesaid indenture, that then such of the abovesaid William, Thomas, and John Coppyn and each of them, their executors or administrators or any of them thus sued (in English, sued) or impleaded can or would be able to plead (in English, pleade) the abovesaid indenture in bar of the abovesaid suit as payment and satisfaction of the abovesaid sum of 180 pounds and of each part of the same, and the abovesaid sums of 60 pounds and separately remaining in their separate dispositions as has been said above by the delivery and consent of the abovesaid Mary, whereby the abovesaid Thomas Haukyn and Mary his wife and the executors and administrators of the abovesaid Thomas Haukyn according to the true intention (in English, true meaning) of the abovesaid indenture could be or can be to all intentions and purposes fully, clearly, and totally impeded (in English, barred) and separated from his or from their abovesaid suit and action, and the abovesaid William, Thomas, and John Coppyn and each of them and the executors and administrators of each of them fully and absolutely and clearly shall be to all intents and purposes acquitted, exonerated (in English, exonerated) as against the abovesaid Thomas Haukyn and the abovesaid Mary and each of them and the executors and administrators of the abovesaid Thomas Haukyn according to the true intent of the abovesaid indenture of the abovesaid sum of 180 pounds and of the abovesaid sum of 60 pounds thus separately remaining in their dispositions as has been said above and of each part thereof and of the annual payment of 6 pounds per year from them the abovesaid William, Thomas, and John Coppyn while the abovesaid marriage between those Thomas Haukyn and Mary his wife endures and according to the true intent of the abovesaid indenture.

          [each of the three brothers in turn covenants to abide by the terms set out, each for the 60 pounds he holds]

And the abovesaid William Coppyn for himself, his heirs, executors and administrators or his assigns covenants and grants to and with the abovesaid Thomas Haukyn and Mary his wife, their executors and administrators by the abovesaid indenture that he the abovesaid William Coppyn, his executors, administrators, and assigns and each of them will stand obligated, burdened, and burdenable with the sum of 60 pounds and each part of the same to the uses, intentions, and purposes specified and declared in the abovesaid indenture according to the purport and true intention of the abovesaid indenture and with the payment of the sum of 6 pounds per year in the mode and form above set out to be paid, and the abovesaid Thomas Coppyn for himself, his heirs, executors, administrators and assigns covenants and grants to and with the abovesaid Thomas Haukyn and Mary his wife, their executors, administrators, and assigns by the abovesaid indenture that he the abovesaid Thomas Coppyn, his heirs, executors, administrators and assigns and each of them will stand obligated, burdened, and burdenable with the sum of 60 pounds and each part thereof to the uses, intentions and purposes (in English, purposes) before specified and declared in the abovesaid indenture according to the purport and true intention of the abovesaid indenture and with the payment of 6 pounds per year in the mode and form above to be paid. And the abovesaid John Coppyn for himself, his heirs, executors, administrators and assigns covenants and grants to and with the abovesaid Thomas Haukyn and Mary his wife, their executors and administrators that he the abovesaid John Coppyn, his executors, administrators and each of them will stand obligated, burdened and burdenable with the sum of 60 pounds and each part thereof to the uses and purposes before specified and declared in the abovesaid indenture according to the purport and true intention of the abovesaid indenture and with the payment of the sum of 6 pounds per year in the mode and form abovesaid to be paid,

[specified method whereby each of the three brothers could sever himself from the obligations by making payment of the money]

and further it was provided by the abovesaid indenture that if the abovesaid William, Thomas, and John Coppyn or any of them or their heirs, executors, or assigns of any of them at any time or times then thenceforth are displeased (in English, mislike) thus to stand obligated, burdened, and burdenable as has been said above with the abovesaid sum of 60 pounds to the uses, intentions and purposes before specified and declared in the abovesaid indenture according to the purport and true intention of the abovesaid indenture and with the payment of the abovesaid sum of 6 pounds per year for the use of the abovesaid 60 pounds in the mode and form abovesaid to be paid and thereof give notice to the abovesaid Thomas Haukyn and Mary his wife or to such as were to have the same according to the true intention of the abovesaid indenture, that then on the payment of the abovesaid sum of 60 pounds or tender (in English, tender) thereof within one month then next following after such notice is made separately by the abovesaid William, Thomas, and John Coppyn, theirs heirs, executors, or administrators to the abovesaid Thomas Haukyn and Mary his wife according to the true intention of the abovesaid indenture or to such other person or persons who were to have the same by the true intention of the abovesaid indenture then they the abovesaid William, Thomas, and John Coppyn, their heirs, executors, administrators and assigns and each of them will be clearly exonerated, acquitted, and exonerated (in English, discharged) as of the abovesaid separate sums of 60 pounds separately (in English, apeece) and of the payment of each, as also of the abovesaid 6 pounds per year for each of them for the use of the same as before and of all covenants, grants, articles, and agreements specified in the abovesaid indentures from their side to be performed and observed, and that as to them and each of them, their heirs, executors, administrators and assigns and each of them the abovesaid indenture and each thing in it contained will be void and of no effect any covenant, grant, articles, or agreement from their parts or from the part of any of them to the contrary thereof notwithstanding, as by the abovesaid indenture appears more fully.

END OF THE TERMS OF THE INDENTURE

[John says he performed all his terms and, to avoid adverse conclusions, protests that Thomas Haukyn performed none of his]

And the same John Coppyn says that although he the same John well and faithfully performed, fulfilled, and guarded all and singular covenants, grants, articles, and agreements contained in the abovesaid indenture above specified to be held, observed, performed, and fulfilled on the part of that John according to the form and effect of the abovesaid indenture and protesting that the abovesaid Thomas Haukyn did not fulfill any covenants, articles, or agreements in the abovesaid indenture specified to be fulfilled on the part of that Thomas Haukyn according to the form and effect of that indenture abovesaid,

          [John alleges (1) that Thomas Haukyn abandoned Mary during the marriage]

in fact the same John Coppyn says that the abovesaid Thomas Haukyn and Mary his wife after the making of the abovesaid indenture did not continue and live together as man and wife (in English, as man & wiffe) according to the form and effect of the abovesaid indenture, but the same Thomas Haukyn, after the making of the abovesaid indenture, scilt., on June 1 in the forty-third year of the reign of the said late Queen Elizabeth, departed from the companionship of the same Mary against the form and effect of the abovesaid indenture,

[and (2) after Mary died without issue, Thomas sued John Coppyn in the chancery court of the five ports]

and in fact the same John Coppyn further says that afterwards and after the making of the abovesaid indenture, scilt., on November 29 in the second year of the reign of the said now lord James, king of England, the abovesaid Mary wife of the abovesaid Thomas Haukyn at Adisham abovesaid died without issue of her body, after whose death, scilt., on January 4 in the third year of the reign of the said Lord James now king of England, the abovesaid Thomas Haukyn, well knowing that he and the abovesaid Mary thus did not continue and live together as man and wife (in English, as man and wief) out of the said lord king’s court of chancery of the five ports held at the church of St. James the Apostle of Dover before Henry Lord Howard knight of the illustrious order of the garter, baron Marnhull, earl of Northampton, councillor of the lord constable of the castle of Dover, warden and chancellor of the admiralty of the five ports and members of the same sealed by his seal of the court of the said lord king now here shown bearing the date in the same day and year he prosecuted a certain precept then directed to the same John Coppyn by which certain precept the same earl of Northampton then and there ordered the same John Coppyn that, all other things set aside and whatever excuse ceasing, he should be in his proper person before the same earl or his lieutenant at the church of St. James the Apostle of Dover on Thursday, scilt., January 16, at the hour of causes there to render accustomed rights, to hear judgment, and to hold the final decree of the court of the abovesaid chancery then and there and on the premises he should not omit that under the penalty of 100 pounds and that he have there then that precept.

          [the chancery suit recounted the terms of the indenture] 

by virtue of which certain precept directed as set out above to the same John Coppyn in the abovesaid form the same John Coppyn afterwards, scilt., at the abovesaid court held there on the same day and year before the abovesaid earl of Northampton constable of Dover abovesaid in his proper person appeared, on which certain appearance by that John Coppyn to the same Thomas Haukyn in the abovesaid form the same Thomas Haukyn by his English bill directed to the same earl then chancellor abovesaid of the five ports and members of the same complained against the abovesaid John Coppyn that, whereas the abovesaid Thomas Haukyn had married and took as his wife Mary the sister of the abovesaid John Coppyn and William Coppyn, which Mary had in marriage portion 180 pounds, and he did not have any lands to make to the same Mary a certain convenient jointure, it was contented that the abovesaid sum of 180 pounds would remain in the hands of the abovesaid John Coppyn and of a certain William Coppyn and Thomas, his brothers, viz., in the hands of each 60 pounds to the same end that if the abovesaid Mary his wife survive that Thomas Haukyn that then they would content and pay to the abovesaid Thomas Haukyn 6 pounds annually for their maintenances, and if Mary his wife should die in the life of the abovesaid Thomas Haukyn having issue that then the abovesaid sum of money would be paid to the issue or issues at their full age of 21 years and the profit thereof for their education, and if the same Mary should die without issue, the abovesaid Thomas Haukyn living, that then each of the abovesaid William, Thomas, and John Coppyn would pay to the same Thomas Haukyn or his assigns the sum of 60 pounds within six months next after the death of the abovesaid Mary dying without issue, and writings were drawn (in English, were drawne) similarly (in English, accordingly)

[but the concern in the indenture about Thomas and Mary living together derived from the brothers’ worry that their sister was unstable in mind, and Thomas naively sealed the indenture; Mary died without issue and the brothers refused to pay him the 180 pounds]

in which writings because they worried that their sister would become a lunatic or distracted from her senses, being given to melancholy and rapid displeasure, it happened to insert into the abovesaid indenture divers words to oblige the same Thomas Haukyn to live and continue with the same Mary as husband and wife (in English, as man and wiefe), and the abovesaid Thomas Haukyn, not mistrusting (in English, not mistrusting) his full and good dealing (in English, dealing) in the same sealed the same, after which the abovesaid Mary on November 29 in the second year of the reign of the said Lord James now king of England died without issue, and further by the same bill he showed that he after six months after the death of the same Mary requested the abovesaid money and use, and they and each of them refused to pay the same;

[John objected that Thomas had abandoned Mary, but the chancery court nonetheless issued a decree that both John and William each pay Thomas 60 pounds]

to which certain bill the same John Coppyn in the abovesaid court of the abovesaid chancery then responded that the abovesaid Thomas Haukyn and Mary did not live together as man and wife (in English, as man and wief) according to the form and effect of the abovesaid covenant and for that cause he the same John Coppyn was not held to pay the aforementioned Thomas Haukyn the abovesaid 60 pounds, and the same Thomas Haukyn prosecuted that bill so far before the abovesaid earl of Northampton constable of Dover and then chancellor of the abovesaid five ports and members of the same that afterwards, scilt., on Thursday, February 6 in the third year of the reign of the said lord king now at Dover abovesaid in the abovesaid court of chancery in the abovesaid church of St. James before the abovesaid earl of Northampton constable of Dover abovesaid and then chancellor of the five ports abovesaid and members of the same by the same court then and there it was ordained and decreed that the abovesaid William Coppyn and John Coppyn , their executors or assigns should pay to the abovesaid Thomas Haukyn on April 1 then next following the sum of 30 pounds of the lawful money of England and on the last day of June then next following another 30 pounds of the similar money without the payment of any use for the same, and similarly the abovesaid John Coppyn or his assigns on the abovesaid April 1 then next following should pay to the abovesaid Thomas Haukyn 30 pounds of similar money and on the abovesaid last day of June another 30 pounds of the current money of England without payment of any use for the same, and further the abovesaid earl of Northampton constable of Dover then chancellor abovesaid of the five ports and members of the same afterwards, scilt., on February 8 in the abovesaid third year at Dover abovesaid by his certain precept [sealed] with the seal of that earl of Northampton constable of Dover aboveaid and then chancellor abovesaid to the abovesaid John Coppyn and William Coppyn reciting by his precept, whereas by the lord king’s court of chancery of his five ports held at the church of St. James the Apostle of Dover on Thursday, scilt., on February 6 in the third year of the reign of said lord king now in a certain cause or matter before the same earl of Northampton constable of Dover abovesaid in the lord king’s chancery between the abovesaid Thomas Haukyn on one side plaintiff and the aforementioned John Coppyn and William Coppyn on the other side defendants pending undetermined it was ordained, adjudicated, and decreed that the abovesaid John Coppyn should pay and satisfy the aforementioned Thomas Haukyn 60 pounds of the lawful money of England, viz., on April 1 then next following 30 pounds of the lawful money of England and the last day of June then next following another 30 pounds in full satisfaction of the abovesaid 60 pounds as by the ordinance or decree of the said lord king and by virtue of the authority of his office abovesaid to the same John Coppyn he had ordered that he pay and satisfy the abovesaid Thomas Haykyn at the abovesaid days in the abovesaid form the abovesaid 60 pounds according to the decree and ordinance of the court of chancery abovesaid, and this he should omit in no way under the penalty of 100 pounds as by the precept abovesaid it fully appears,

[by virtue of that chancery decree, John paid Thomas Haukyn 60 pounds]

by virtue of which certain suit and decree thereon and the abovesaid precept directed to the same John Coppyn in the abovesaid form, the same John Coppyn afterwards, scilt., on the days named before in the fourth year of the reign of the said now lord king of England at Adisham abovesaid was forced and compelled to pay and to satisfy the abovesaid 60 pounds to the same Thomas Haukyn in exoneration of the decree and ordinance abovesaid, and in fact then and there he paid,

[thus by that suit, John Coppyn says that Thomas Haukyn broke his covenant, and John claims 100 pounds in damages]

and thus the same John Coppyn says that the abovesaid Thomas Haukyn did not hold to but broke his covenant abovesaid with the same John Coppyn made in the abovesaid form in this that he the abovesaid Thomas Haukyn did not permit the abovesaid John Coppyn to have in his disposition as set out above the abovesaid sum of 60 pounds then being in the hands of the abovesaid John Coppyn according to the true intent (in English, the true meaning) of the abovesaid indenture without demand or suit for the same or any part of the same of the abovesaid John Coppyn according to the form and effect of the indenture abovesaid, because the abovesaid Thomas Haukyn in the abovesaid court of chancery abovesaid of the five ports and members of the same before the abovesaid earl of Northampton constable of Dover and chancellor abovesaid for the abovesaid 60 pounds being in the hands of the abovesaid John Coppyn thus as has been set out above and then in the same court abovesaid he had a decree to have them and afterward received from the same John the same whereas the same Thomas Haukyn and Mary did not live together as man and wife in the mode and form abovesaid as set out above and he completely refused to hold to his covenant to him to this time although often asked and still refuses, to the damage of the same John Coppyn of 100 pounds, and thereof he produces suit etc.

[Thomas Haukyn denies that he abandoned Mary his wife in mode and form alleged; a jury is summoned]

And now at this day, scilt., on the Friday next after the morrow of Holy Trinity this same term until which day the abovesaid Thomas had licence to emparl to this bill and then to respond etc., before the lord king at Westminster come both the abovesaid John Coppyn by his attorney and the abovesaid Thomas Haukyn by John Sharpe, jr., his attorney, and the same Thomas defends force and injury when etc., and says that he the same Thomas after the making of the abovesaid indenture did not depart from the companionship of the abovesaid Mary Haukyn then his wife against the form and effect of the abovesaid indenture in mode and form at the abovesaid John Coppyn above by counting alleged, and of this he puts himself on the countryside. And the abovesaid John similarly. Therefore let come thereof a jury before the lord king at Westminster on the Saturday next 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.

[although no verdict was recorded in John Coppyn v. Thomas Haukyn, there was a companion case brought by Thomas Haukyn against Silvestria Coppyn widow, the executor of Thomas Coppyn, with the same pleadings. That case, on the same issue, went to jury and received a verdict. The postea in that case is below:]

Afterwards, process having continued thereof between the abovesaid parties concerning the abovesaid plea by juries put into respite thereof before the lord king at Westminster until Friday next after the octaves of St. Michael then next following unless the justices of the lord king assigned to take the assizes in the county abovesaid come before then on Thursday July 18 at Maidstone in the abovesaid county by form of the statute etc, by default of the jurors etc. At which day before the lord king at Westminster comes Thomas Haukyn by his attorney abovesaid, and the aforementioned justices at the assizes before whom etc., sent her their record had before them in these words: Afterwards on the day and place contained within before George Snigge knight one of the barons of the lord king’s exchequer and John Croke knight a justice of the lord king assigned to hold pleas before the king himself, justices of that lord king assigned to take the assizes in Kent by the form of the statute etc., come both the withinnamed Thomas Haukyn and the withinwritten Silvestria Coppyn widow by their attorneys within contained, and the jurors of the jury whereof mention is made within having been exacted similarly come, who, selected, tried and sworn to tell the truth concerning the matter contained within say on their oath that the abovesaid Thomas Haukyn from the companionship of the withinnamed Mary his wife did not depart against the form and effect of the withinspecified indenture as the same Thomas within by pleading alleged. And they assess the damages of that Thomas by the occasion within specified beyond his outlays and costs put out by him on his suit in this part at 60 pounds. And for those outlays and costs at 4 pence

[at which point the record terminates without an award for the increment and without the actual judgment that Thomas recover his damages.]