John Masters v. Christopher Addicott, court of common pleas, 1607

[Christopher Addicott promised to pay John Masters £40 so that John would marry Anna, Christopher’s daughter]

Somerset. Christopher Addicott lately of West Hatch in the abovesaid county husbandman was attached to answer John Masters alias Weaver concerning a plea why, whereas the abovesaid Christopher on July 15 in the year of the reign of the lord king now of England, France, and Ireland the 4^th and of Scotland the 39^th at West Hatch abovesaid in consideration that the same John would take as his wife a certain Anna Addicott then the daughter of the same Christopher, undertook on himself and then and there faithfully promised to pay £40 the same John when he should be required thereof after the espousals between the abovesaid John and Anna celebrated.

[John accordingly married Anna (from the count, only four days after the promise)]

And the same John in fact says that he, after the abovesaid promise and undertaking made in the abovesaid form at West Hatch abovesaid on the hope of the faithful performance of the abovesaid promise and undertaking of the abovesaid Christopher, took as wife the abovesaid Anna and married her according to the ecclesiastical laws of this realm of England,

[and Christopher failed to pay John]

nevertheless the abovesaid Christopher, not all caring for his promise and undertaking but scheming hotly and deceitfully to deceive and defraud the abovesaid John, did not pay the same John the abovesaid £40 according to his abovesaid promise and undertaking, although he was required to this by the same John after the espousals abovesaid celebrated at West Hatch abovesaid, but he refused to pay them to him up to this time and still refuses, to the damage of that John of £40 etc.

[plaintiff’s count repeating the above]

And whereof the same John by John Potter his attorney complains why, whereas the abovesaid Christopher on July 15 in the fourth year of the reign of the now lord king of England, France, and Ireland and of Scotland the 39^th, at West Hatch abovesaid, in consideration that the same John would take as wife a certain Anna Addicott daughter of the same Christopher, undertook on himself and then and there faithfully promised the same John to pay the same John £40 when he should be required thereof after the espousals celebrated between the abovesaid John and Anna; and the same John in fact says that he after the abovesaid promise and undertaking made in the abovesaid form, scilt., on July 19 in the year of the reign of the said now lord king of England etc., the 4^th abovesaid at the abovesaid West Hatch, on the hope of the faithful performance of the abovesaid promise and undertaking of the abovesaid Christopher, took to wife the abovesaid Anna and espoused her there according to the ecclesiastical laws of this realm of England; nevertheless, the abovesaid Christopher, not caring at all for his promise and undertaking abovesaid but scheming hotly and deceitfully to deceive and defraud the same John of the abovesaid £40, did not pay the abovesaid £40 to the same John according to his promise and undertaking, although he was required to this after the espousals abovesaid made in the abovesaid form, scilt., on September 1 in the year of the reign of the said now lord king the 4^th abovesaid at West Hatch abovesaid by the same John, but refused to this time to pay them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £40, and thereof he produces suit etc.

[Christopher denies the undertaking; the jury is summoned.]

And the abovesaid Christopher by John Godd his attorney comes and defends force and injury when etc., and says that he did not undertake on himself in the manner and form abovesaid as the abovesaid John above complains against him, and of this he puts himself on the countryside. And the abovesaid John similarly. Therefore it is ordered to the sheriff that he should make to come here at the third week of Holy Trinity 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc.