John Dale v. William Bacon, court of king’s bench, 1607

This marriage negotiation, represented simply as mutual promises not in a “colloquium,” involved a promise in 1590 from the brother of the bride for 40 pounds after the marriage. The bride’s brother proffers a sealed writing of 1596 releasing him from all claims of the groom, but the groom denied that deed. The long lapse of time between the marriage and the suit would tend to indicate more recent problems between the parties. The marriage took place two months after the commitments.

[the case John Dale v. William Bacon now continues]

Norfolk. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came John Dale by Anthony Gibson his attorney, and he proffered here in the court of the said lord king then there his certain bill against William Bacon 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:

[John Dale promised that he would marry Jane Bacon, daughter of Robert Bacon and sister of William Bacon]

Norfolk. John Dale complains of William Bacon in the custody of the marshal of the marshalsea of the lord king being before the king himself for this, viz., that, whereas the abovesaid John on September 29 in the thirty-second year of the reign of the Lady Elizabeth late queen of England, at Hethersett in the abovesaid county at the special instance and request of the abovesaid William undertook on himself to the aforementioned William and then and there faithfully promised that he the same John would take as wife a certain Jane Bacon the daughter of Robert Bacon and the sister of the abovesaid William,

[William Bacon, considering that promise, promised to pay 40 pounds to John Dale after the marriage]

the abovesaid William, in consideration thereof, undertook on himself and faithfully promised then and there to the aforementioned John that he the same William would want well and faithfully to pay and content 40 pounds of the lawful money of England to the aforementioned John when after the same John took as wife the same Jane he should be asked thereof,

[two months later John Dale married Jane Bacon]

and the same John in fact says that he the same John, relying on the promise and undertaking of the abovesaid William, afterwards, scilt., November 22 in the thirty-third year of the reign of the said Lady Elizabeth late queen of England, at Hethersett abovesaid in the county abovesaid took as wife the abovesaid Jane as his wife,

[William Bacon did not pay, whereby John Dale is worse off]

nevertheless, William, not at all caring for his abovesaid promise or undertaking but scheming and fraudulently intending in this part hotly and craftily to deceive and defraud the abovesaid John, has not yet paid the abovesaid 40 pounds nor any parcel thereof to the aforementioned John although to this by the same John he was asked afterward, scilt., on March 1 in the abovesaid thirty-third year, at Hethersett abovesaid in the county abovesaid and still has not paid nor otherwise contented him for them, whereby the abovesaid John completely lost divers gains, benefits, profits, and advantages that he could have had and gained with the abovesaid 40 pounds legitimately by buying, selling, and bargaining if the abovesaid William had performed his abovesaid promise and undertaking, to the damage of the same John of 200 pounds, and thereof he produces suit etc.

[William Bacon proffers a sealed writing by which John Dale released all claims he had against William Bacon]

And now at this day, scilt., Friday next after the morrow of Holy Trinity this same term until which day the abovesaid William Bacon had licence to emparl at the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid John Dale by his attorney abovesaid and the abovesaid William Bacon by Edmund Anguish his attorney, and the same William defends force and injury when etc., and he says that after the abovesaid September 29 in the thirty-second year abovesaid, scilt., on September 19 in the thirty-eighth year of the reign of the Lady Elizabeth late queen of England, at Hethersett abovesaid the abovesaid John Dale by his certain writing of release that the same William proffers sealed with the seal of the same John, the date of which is on the abovesaid September 19 in the thirty-eighth year abovesaid, remitted, relaxed and for himself, his heirs, executors, administrators and assigns in perpetuity quitclaimed to the aforementioned William Bacon by name of William Bacon of Watton in Norfolk yeoman, his heirs, executors, and assigns all and all manner actions both real and personal, suits, controversies, debates, debts, covenants, promises, obligations, obligatory writings, retentions, trespasses, and demands whatsoever that the abovesaid John Dale, his executors, administrators and assigns had, has, or at any time thenceforth ever could have had or ought to have had before the date of the abovesaid writing of release against the abovesaid William Bacon, his heirs, executors, administrators or assigns by reason of any cause, matter, thing or color whatsoever , wherever, or in whatsoever way from the beginning of the world up until the day of the date of the writing of relaxation abovesaid, and this he is prepared to verify, wherefore he asks judgment if the abovesaid Dale ought to have or maintain his abovesaid action thereof against him etc.

[John Dale replies that that sealed writing of release of claims is not his; jury summons; no verdict recorded]

And the abovesaid John Dale says that he by anything alleged by the abovesaid William Bacon above by pleading ought not to be precluded from having his abovesaid action against that William Bacon, because he says that the writing of relaxation abovesaid is not his deed, and he asks that this be inquired by the countryside. And the abovesaid William Bacon similarly etc. Therefore let come thereof a jury before the lord king at Westminster on the Tuesday 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.