George Harrison v. Richard Moyse, court of king’s bench, 1607

KB27no1404, m. 1205a, img 5081, 5082

This example of what at first seems a straight-forward exchange of promises between the groom and the father of the bride, in which the latter promised 60 pounds, becomes more complicated. The father of the bridge maintains that a lesser amount was promised and then only after the groom changed his landed estate into a life estate for him and his new wife with remainder to their heirs in fee tail. By withholding the payment of the money, the father was attempting to enforce security for his married daughter.

[the case George Harrison v. Richard Moyse now continues]

Suffolk. Memorandum that formerly, scilt., in the term of St Hilary last past, before the lord king at Westminster came George Harrison by Lionel Edgar his attorney and proffered here in the court of the said lord king then there his certain bill against Richard Moyse in custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[there was an exchange of promises: that George Harrison would marry Mary the daughter of Richard Moyse and that Richard Moyse would thus pay George Harrison 60 pounds after the marriage]

Suffolk. George Harrison complains concerning Richard Moyse 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 Richard on July 20 in the thirty-first year of the reign of the Lady Elizabeth late queen of England etc., at Framsden in the abovesaid county, in consideration that the abovesaid George at the instance and request of the same Richard then and there undertook on himself and faithfully promised to the same Richard that he the same George would take as his wife a certain Mary daughter of the same Richard and espouse that Mary according to the rites and ecclesiastical law, undertook on himself and then and there faithfully promised to the same George that he the same Richard would want to give and pay 60 pounds of the legal money of England to the aforementioned George when he should be required thereof after the marriage between the same George and Mary was celebrated and solemnized,

[about six weeks later George Harrison married Mary]

and the same George in fact says that he, relying on the promise and undertaking of the same Richard, afterwards, scilt., on September 1 in the thirty-first year abovesaid, at Framsden abovesaid took as wife the abovesaid Mary and then and there espoused her according to ecclesiastical rites and law,

[but Richard did not pay, whereby George Harrison is worse off]

and that afterwards, scilt., on October 12 in the thirty-first year abovesaid, at Framsden abovesaid he asked the said Richard to pay to the same George the abovesaid 60 pounds; nevertheless, the abovesaid Richard, not at all caring for his promise and undertaking abovesaid but scheming and fraudulently intending in this part hotly and craftily to deceive and defraud the same George, has still not paid to the aforementioned George the abovesaid 60 pounds according to his abovesaid promise and undertaking nor in any way for the same contented him up to this time, whereby the same George has completely lost all the gain, benefit, and profit that he could have had and gained with the 60 pounds by buying, selling and lawfully bargaining, to the damage of that George of 200 pounds, and thereof he produces suit etc.

[Richard Moyse says that he only promised 40 pounds and that that payment was to be made only after George Harrison converted his tenement into a life estate for him and his wife with remainder to their heirs in tail (a conveyance that George has not made), and not in the mode and form George Harrison alleges]

And now at this day, scilt., Friday next after the morrow of Holy Trinity in this same term, until which day the abovesaid Richard had licence to emparl to that bill and then to respond etc., before the lord king at Westminster come both the abovesaid George by his abovesaid attorney and the abovesaid Richard Moyse by William Goldsmith his attorney, and the same Richard defends force and injury when etc., and says that the abovesaid George ought not to have or maintain his abovesaid action thereof against him, because he says that at the abovesaid time at which etc., it is supposed that the abovesaid promise and undertaking was made in the abovesaid form, scilt., on the abovesaid July 20 in the thirty-first year of the reign of the said late queen abovesaid, at Framsden abovesaid in the county abovesaid, the same Richard undertook on himself and promised to the same George to pay the same George 40 pounds in marriage portion with the aforementioned Mary the daughter of that Richard if the same George would assure and convey one messuage or tenement in Debenham in Suffolk late of John Harrison the father of the same George and the lands called Lambardes then looking thereto in Debenham abovesaid to the use of the same George and Mary during the lives of George and Mary and the longer liver of each of them, (then) to the work and use of the heirs of the body of the same George and Mary legitimately procreated; and the same Richard says in fact that the abovesaid George from the time of the abovesaid promise and undertaking made in the form abovesaid and before the day of the exhibition of the abovesaid bill of the abovesaid George, scilt., [blank] day [blank] in the fourth year of the reign of the lord King James now he has not conveyed or assured the messuage or tenement abovesaid and the abovesaid lands to the use abovesaid, without this that he undertook on himself in the mode and form as the same George above against him complains, and this he is ready to verify, wherefore he seeks judgment if the abovesaid George ought to have or maintain his abovesaid action thereof against him etc.

[George maintains what he said before; issue is joined; a jury is summoned; no verdict is recorded]

And the abovesaid George says that he, by anything alleged in pleading by the abovesaid Richard above, ought not to be precluded from his action abovesaid thereof against that Richard, because he says that he undertook on himself in the mode and form as the same George above against him complains, and he asks that this be inquired by the countryside. And the abovesaid Richard similarly etc. Therefore let come thereof a jury before the lord king at Westminster on the Friday immediately after the quindene of Holy Trinity, and who neither etc., to recognize etc., because etc. The same day is given to the parties abovesaid there etc.