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John Hawkridge v. John Medland, court of king’s bench, 1607




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[the case John Hawkridge v. John Medland now continues]

London. Memorandum that formerly, scilt., at Easter term last past before the lord king at Westminster came John Hawkridge by Nicholas Weare his attorney and proffered here in the court of the lord king then there his certain bill against John Medland 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 Hawkridge and John Medland concerning a marriage between John Hawkridge and Joan Medland the daughter of John Medland]

London. John Hawkridge complains of John Medland in the custody of the marshal of the marshalsea of the lord king being before the king himself for this, viz., that, whereas on November 6 in the year of the lord 1595 a certain colloquium was moved and had between the abovesaid John Hawkridge and the aforementioned John Medland for and concerning a certain marriage between the same John Hawkridge and a certain Joan Medland the daughter of the abovesaid John Medland,

 

[John Medland promised to pay 80 pounds to John Hawkridge within two years after the marriage]

the abovesaid John Medland on the same November 6 in the year of the lord 1595 abovesaid at London abovesaid in the parish of Blessed Mary of the Arches in the ward of Cheap, in consideration that the abovesaid John Hawkridge at the special instance and request of the abovesaid John Medland would take as his wife the abovesaid Joan, undertook on himself and then and there faithfully promised to the aforementioned John Hawkridge that the same John Medland would want to pay and content 80 pounds of the legal money of England to the aforementioned John Hawkridge within two years next after the abovesaid marriage between the abovesaid John Hawkridge and Joan celebrated,

 

[John Hawkridge, relying on that promise, married Joan Medland 12 days later]

and the same John Hawkridge in fact says that he, relying on the promise and undertaking of the abovesaid John Medland, afterwards on the 18th day of the same month of November in the year of the Lord 1595 abovesaid at London abovesaid in the parish and ward abovesaid took as his wife the abovesaid Joan,

 

[John Medland failed to pay the 80 pounds, whereby John Hawkridge is worse off]

nevertheless, the abovesaid John Medland not at all caring for his promise and undertaking but scheming hotly and craftily to deceive and defraud the same John Hawkridge of the abovesaid 80 pounds in this part, has still not paid the same 80 pounds to the aforementioned John Hawkridge according to his abovesaid promise and assumption nor otherwise contented him for them, although the same John Medland to this afterwards, scilt., on December 20 in the year 1599 at London abovesaid in the parish and ward abovesaid often was required but the abovesaid John Medland completely refused to pay them to him or to content him, and he still refuses, whereof he says that he is worse off and has damages to the value of 100 pounds, and thereof he produces suit etc.

 

[John Medland denies that he undertook in the mode and form as 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 John Medland had licence to emparl to the abovesaid bill and then to answer etc., before the lord king at Westminster come both the abovesaid John Hawkridge by his attorney abovesaid and the abovesaid John Medland by Francis Martyn his attorney, and the same John Medland defends force and injury when etc., and says that he did not undertake on himself in the mode and form as the abovesaid John Medland above complains against him, and of this he puts himself on the countryside. And the abovesaid John Hawkridge 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 parties abovesaid etc.