Everard Ingate and Mary his wife v. Robert Peirce, sr., court of king’s bench, 1607

The marriage arrangement in Ingate seems to illustrate the problems that ensued when a spouse died before all the undertakings had been fulfilled. The negotiation here was between the father of the groom, the bride, and the bride’s nearest friend (her uncle); the marriage took place five days after the negotiation. The father of the groom promised to pay the bride as much as she brought to her husband, so that the contribution to the marriage would be equal on both sides. The new husband died, and whatever incentive there had been to perform the promise to the bride expired along with the husband. The lack of any continuing interest appears in the failure of any compromise: the case went all the way to damage award after the jury verdict.

[the case Everard Ingate and Mary his wife v. Robert Peirce now continues]

Suffolk. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came Everard Ingate and Mary his wife late the wife of a certain Robert Peirce deceased by Henry Buttes their attorney and proffered here in the court of the said lord king then there their certain bill against Robert Peirce sr., father of the abovesaid Robert Peirce deceased in 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 Robert Peirce, sr., John Skolding (uncle and nearest friend of Mary), and Mary concerning a marriage between Robert Peirce, jr., and Mary]

Suffolk. Everard Ingate and Mary his wife late the wife of a certain Robert Peirce deceased complain concerning Robert Peirce sr., father of the abovesaid Robert Peirce deceased in custody of the marshal of the marshalsea of the lord king, being before the king himself for this, viz., that, whereas on October 4 in the year of the lord 1591 at Beccles in the abovesaid county a certain colloquium was had and moved between the aforementioned Robert Peirce father and a certain John Skoldinge then uncle and nearest friend of the abovesaid Mary and the aforesaid Mary of, for, and concerning a certain marriage between that Mary and the abovesaid Robert Peirce deceased to be had and solemnized,

[Robert Peirce, sr., promised Mary to give her money and goods to the same value that she was bringing to her husband in the marriage, that money to be used on the house and lands to be assured to Robert Peirce, jr., Mary, and their heirs]

at which certain colloquium afterwards, scilt., on the day and year abovesaid, at Beccles abovesaid in consideration that the aforementioned Mary would marry with the aforementioned Robert Peirce son and, in consideration of the portion of the aforementioned Mary that by title of marriage portion would come to the proper use of the said Robert now deceased, the same Robert Peirce father then and there undertook on himself and then and there faithfully promised to the aforementioned Mary that the same Robert Peirce father on the marriage to be celebrated between the same Robert son and the aforementioned Mary when he would thereof be requested would give to the same Mary such sums of money (in English, so much money) as the abovesaid Mary in goods, money, and chattels would be worth (in English, as she should be worthe) to the aforementioned Robert Peirce deceased to be bestowed (in English, to be bestowed) on the house and lands to be assured to the aforementioned Robert son and the same Mary and their heirs in perpetuity,

[Robert and Mary married 5 days after the promise, and Mary brought with her 75 pounds, 4 shillings, and 1pence]

and the abovesaid Everard Ingate and Mary say in fact that, although the abovesaid Mary afterwards, scilt., on October 9 in the year of the lord 1591 abovesaid at Beccles abovesaid married with the aforementioned Robert son and the espousals between them then and there were solemnized and celebrated according to the ecclesiastical laws of this realm of England, and although the same Mary on the abovesaid marriage thus celebrated was worth in money, goods, and chattels the sum of 75 pounds, 4 shillings and 1 pence of the lawful money of England to the aforementioned Robert her husband that came to the hands and possession of that Robert son in his life by that marriage,

[but Robert Peirce, sr., did not give the same amount to Robert Peirce, jr., while he was alive, to Mary after he died, or to Everard and Mary after she re-married, whereby they are worse off]

nevertheless, the abovesaid Robert father not all caring for the abovesaid promise and undertaking of the same Robert but scheming and fraudulently intending in this part hotly and craftily to deceive and defraud the aforementioned Mary, has still not given such sum of money, scilt., 75 pounds, 4 shillings, and 1 pence, as the abovesaid Mary was worth (in English, was worthe) to the aforementioned Robert Peirce late husband of that Mary in his life in goods, chattels, and money thus as set out above to the same Robert Peirce in his life or to the said Mary who survived the same Robert Peirce son after the death of that Robert while she was single or to the abovesaid Everard Ingate and Mary after the espousals celebrated between them to be bestowed on the house and lands to the use of the abovesaid Robert son and that Mary and their heirs in perpetuity to be assured in the form abovesaid, although the abovesaid Robert Peirce father after the espousals between the abovesaid Robert son and Mary celebrated in the form abovesaid often by the same Robert son in the life of that Robert and by the same Mary while she was single after the death of that Robert, scilt., on May 20 in the year of the Lord 1601, at Beccles abovesaid, and by the same Everard Ingate and Mary after the espousals celebrated between them, scilt., the last day of January in the year of the Lord 1602, at Beccles abovesaid was asked, whereby the same Everard and Mary say that the abovesaid Robert Peirce and the same Mary in the life of that Robert and the same Mary while she was single after his death and the same Everard and Mary after the espousals celebrated between them completely lost not only all the gain, benefit, and profit that they could have had and gained if so much sums of money as that Mary as set out above was worth had been given by the aforementioned Robert Peirce father and according to the promise and undertaking of that Robert abovesaid had been bestowed and expended on the house and lands to be assured to the abovesaid Robert son and Mary and their heirs as set out above, and indeed the same Robert Peirce son and Mary in the life of that Robert and the same Mary after his death while she was single and the same Everard and Mary after the espousals celebrated between them were completely defrauded of the house and lands of the value of the said 75 pounds, 4 shillings, and 1 pence to be assured to the aforementioned Robert in his life and the same Mary and their heirs as set out above, and the same Everard and Mary thereof are still defrauded, wherefore they say that they are worse off and have damages to the value of 200 pounds and thereof produce suit etc.

[Robert Peirce, sr., denies that he undertook in the mode and form as alleged; a jury is summoned]

And now at this day, scilt., Friday next after the morrow of Holy Trinity this same term, until which day the abovesaid Robert Peirce had licence to emparl to the abovesaid bill and then to answer etc., before the lord king at Westminster come both the abovesaid Everard Ingate and Mary by their attorney abovesaid and the abovesaid Robert Peirce by James Keble his attorney, and the same Robert defends force and injury when etc., and says that he did not undertake on himself in the mode and form as the abovesaid Everard and Mary above against him counted, and of this he puts himself on the countryside. And the abovesaid Everard and Mary similarly etc. Therefore let come a jury thereof before the lord king at Westminster on 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 parties abovesaid there etc.

[the nisi prius jury summons]

Afterwards, process having been continued between the abovesaid parties concerning the abovesaid plea by juries put thereof into respite before the lord king at Westminster until the 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 abovesaid county before then come on Tuesday July 21 at Bury St. Edmunds in the abovesaid county by form of the statute etc., by default of jurors.

[verdict in favor of Everard and Mary in the amount of 112 pounds, broken down into damages, personal costs and outlays, and legal expenses (“increment”)]

At which day before the lord king at Westminster come the abovesaid Everard Ingate and Mary his wife by their abovesaid attorney; and the aforementioned justices at the assizes before whom etc., sent here their record had before them in these words: Afterwards on the day and place within contained before Edward Coke knight chief justice of the lord king of the Bench and William Daniel knight a justice of the lord king of the Bench, justices of the same lord king assigned to take the assizes in the county of Suffolk by form of the statute etc., come both the withinnamed Everard Ingate and Mary his wife and the withinwritten Robert Peirce sr., by their attorneys within contained, and the jurors of the jury whereof mention is made within, exacted, similarly come, who, sworn to tell the truth concerning the matters contained within, chosen, tried, and sworn, say on their oath that the abovesaid Robert Peirce undertook on himself in the mode and form as the abovesaid Everard and Mary within counted against him. And they assess the damages of the same Everard and Mary by that occasion beyond his outlays and costs put out by him on his suit in this part at 105 pounds, and for those outlays and costs at 10 shillings. Therefore, it is considered that the abovesaid Everard and Mary recover against the aforementioned Robert Peirce the damages abovesaid assessed in the form abovesaid as well as 6 pounds and 10 shillings for their outlays and costs abovesaid awarded as increment to the same Everard and Mary by their assent by the justices of the lord king here, which certain damages in all total to 112 pounds, and the abovesaid Robert Peirce in mercy etc.