John Cornewalle v. George Downe, court of king’s bench, 1607

Cornewalle is in most respects simply a typical marriage arrangement. The unusual element here is that the plaintiff calls himself a gentleman, he accepts a marriage arrangement of only 10 pounds, if the promise of 10 pounds from the bride’s father was the only promise.

[the case John Cornewalle v. George Downe now continues]

City of Exeter. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came John Cornewalle gentleman by Nicholas Weare his attorney and proffered here in the court of the said lord king then there his certain bill against George Downe in the 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 a colloquium between John Cornewalle and George Downe concerning a marriage between John Cornewalle and Joan Downe daughter of George Downe]

The City of Exeter. John Cornewalle gentleman complains of George Downe in the custody of the marshal of the marshalsea of the lord king before the king himself being before the king himself for this, viz., that, whereas on September 20 in the thirty-fifth year of the reign of the Lady Elizabeth late queen of England a certain colloquium was moved and had between the same John and the aforementioned George for and concerning a certain marriage to be had and solemnized between the same John and a certain Joan Downe daughter of the abovesaid George,

[George Downe promised to pay 10 pounds to John Cornewalle for that marriage]

the abovesaid George on the abovesaid September 20 in the thirty-fifth year of the reign of the said late queen abovesaid at the city of Exeter abovesaid, in consideration that the same John at the special instance and request of the abovesaid George would take as his wife the abovesaid Joan, undertook on himself and then and there faithfully promised that the same George would want well and faithfully to pay and content 10 pounds of lawful English money to the aforementioned John when thereof he should be requested,

[John Cornewalle, relying on that promise, married Joan Downe]

and the same John in fact says that he, relying on the promise and undertaking of the abovesaid George, afterwards on November 20 in the thirty-sixth year of the reign of the said late queen, at the city of Exeter abovesaid, took as his wife the abovesaid Joan,

[but George Downe did not pay, whereby John Cornewalle is worse off]

nevertheless, the abovesaid George, not at all caring about his promise and undertaking abovesaid but scheming and intending in this part hotly and deceptively to deceive and defraud the same John of the abovesaid 10 pounds, has not yet paid the abovesaid 10 pounds to the aforementioned John according to the promise and undertaking of the abovesaid George nor otherwise contented him of the same, although the same George to this afterwards, scilt., on March 14 in the thirty-sixth year year of the reign of the said late queen abovesaid, at the city of Exeter abovesaid, was asked by the same John, but he completely refused to pay those to him or to content him and still refuses, whereby the same John completely lost all the profit and benefit that he could have gained from the abovesaid 10 pounds by buying, selling, and bargaining if the abovesaid George had performed his promise and undertaking abovesaid, wherefore the same John says that he is worse off and has damages to the value of 20 pounds, and thereof he produces suit etc.

[George Downe denies the undertaking in the mode and form alleged; a jury is summoned; no verdict is recorded]

And now at this day, scilt., Friday next after the morrow of Holy Trinity in this same term, until which day the abovesaid George had licence to emparl to that bill and then to respond etc., before the lord king at Westminster come both the abovesaid John by his attorney abovesaid and the abovesaid George by John Boldero his attorney, and the same George defends force and injury when etc., and says that he did not undertake on himself in mode and form as the abovesaid John complains against him above, and of this he puts himself on the countryside. And the abovesaid John similarly etc. Therefore let come thereof a jury before the lord king at Westminster on the Thursday next after the third week of Holy Trinity, and who neither etc., to recognize etc., because both etc. The same day is given to the abovesaid parties there etc.