Richard Smalebroke, jr. v. Thomas Maydwell, court of king’s bench, 1607

In this case the negotiation was between the groom and Thomas Maydwell, who was either the brother or half-brother of the bride. The large settlement from the bride’s side was 400 pounds, 200 pounds payable at the time of the marriage and the other 200 pounds 15 years after the death of the bride’s father, a period that had elapsed in 1599. That second payment had not been made. The marriage had taken place three days after the promise.

[the case Richard Smalebroke, jr. v. Thomas Maydwell now continues]

Derbyshire. Memorandum that formerly, scilt., in Michaelmas term last past before the lord king at Westminster came Richard Smalebroke, jr., by Simon Bunce his attorney and proffered here in the court of the lord king then there his certain bill against Thomas Maydwell gentleman 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:

[Thomas Maydwell, considering a marriage between Richard Smalebroke and Margaret the daughter of Lawrence Maydwell, his father, promised to pay Smalebroke 400 pounds, 200 pounds after the marriage and 200 pounds at a time 15 years after the time Lawrence died]

Derbyshire. Richard Smalbroke, jr., complains of Thomas Maydwell gentleman 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 Thomas on October 1 in the thirty-eighth year of the reign of the Lady Elizabeth late queen of England, at the town of Derby in the abovesaid county, in consideration that the abovesaid Richard at the instance and special request of that Thomas would take as his wife Margaret the daughter of Lawrence Maydwell gentleman deceased father of the abovesaid Thomas, the same Thomas undertook on himself and faithfully promised then and there to the aforementioned Richard that the portion and sum of money that the aforementioned Richard would have and receive in marriage portion with the abovesaid Margaret would be worth and in all total to the sum of 400 pounds of the lawful money of England at least and would be well and faithfully paid to the same Richard in the mode and form following, viz., 200 pounds parcel thereof immediately after the espousals between the same Richard and Margaret solemnized and the other 200 pounds the residue of the abovesaid portion at the end of 15 years next after the death of the abovesaid Lawrence,

[Richard Smalebroke, relying on that promise, married Margaret 3 days later]

and the abovesaid Richard in fact says that he the same Richard, relying on the promise and undertaking of the abovesaid Thomas abovesaid, afterwards, scilt., on October 4 in the thirty-eighth year of the reign of the Lady Elizabeth late queen of England abovesaid at the town of Derby abovesaid took as his wife the abovesaid Margaret and espoused her according to the ecclesiastical laws,

[the 15 years after the death of Lawrence expired in 1599]

and that the abovesaid Lawrence Maydwell died at the town of Derby abovesaid on September 15 in the year of the Lord 1584 and that the abovesaid 15 years after the death of the same Lawrence expired on September 16 in the year of the Lord 1599 abovesaid,

[but Thomas has not paid the 200 pounds, so that Richard is worse off]

nevertheless the abovesaid Thomas, not at all caring for his abovesaid promise and undertaking and scheming and fraudulently intending in this part hotly and craftily to deceive and defraud that Richard, the abovesaid Richard [the confusion in subject is in the document] has still not had or received the abovesaid 200 pounds the residue of the abovesaid portion at the end of the abovesaid 15 years nor any parcel or penny thereof according to the form and effect of the abovesaid promise and undertaking although to perform this the abovesaid Thomas afterwards, scilt., on October 1 in the fourth year of the reign of the Lord James now king of England, at the town of Derby abovesaid was often asked, whereby the same Richard completely not only lost the divers sums of money that he could have had and gained with the abovesaid 200 pounds by buying, selling, and lawfully bargaining, but also the same Richard completely lost in his credibility towards divers of the said now lord king’s subjects and particularly towards Thomas More to whom the same Richard in the same sum of 200 pounds was indebted and to whom the same Richard had promised to pay and content the same 200 pounds at a certain time now long past on the faithful hope of the performance of the abovesaid promise and undertaking and in default of the same he was unable to make up, he is in many ways injured and worse off, wherefore the same Richard says that he is worse off and has damages to the value of 400 pounds, and thereof he produces suit etc.

          [Thomas Maydwell denies that he undertook in the mode and form alleged; issue is joined, but the jury is not actually summoned]

And now at this day, scilt., Friday next after the morrow of Holy Trinity in this same term until which day the abovesaid Thomas had licence to emparl at that bill and then to respond etc., before the lord king at Westminster come both the abovesaid Richard by his abovesaid attorney and the abovesaid Thomas by Henry Elwyn his attorney, and the same Thomas defends force and injury when etc., and says that he did not undertake on himself in the mode and form as the abovesaid Richard above against him complains, and of this he puts himself on the countryside. And the abovesaid Richard similarly etc. Therefore let come a jury thereof before the lord king at Westminster on the day [blank] next after [blank] and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid there etc.