Thomas Tayler v. Robert Vesey, court of king’s bench, 1607

This marriage arrangement between two seemingly modest families took place about a month prior to the wedding. The negotiation was between the prospective groom and the prospective bride’s relative and resulted in a commitment of 20 pounds to support the marriage.

The jury summons not followed by any recorded verdict is not unusual. Since the jury summons was not a nisi prius order, no jury was actually summoned; the case was only in a position in which a jury could actually be summoned. Like many cases then or now, the dispute was seemingly settled prior to the need to resort to a jury and judgment.

[The case Thomas Tayler v. Robert Vesey now continued]

Suffolk. Memorandum that formerly, scilt., Easter term last past, before the lord king at Westminster came Thomas Tayler by Stephen Allen his attorney, and he proffered here in the court of the said lord king then there his certain bill against Robert Vesey 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 a discussion between Robert Vesey and Thomas Tayler about a marriage between Thomas Tayler and Anna Atkynson (Vesey’s cousin)]

Suffolk. Thomas Tayler complains concerning Robert Vesey in custody of the marshal of the marshalsea of the lord king being before the king himself of this that, whereas on June 21 in the forty-first year of the reign of Queen Elizabeth late queen of England at Needham Market in the abovesaid county a certain colloquium was had between that Robert and the aforementioned Thomas for and concerning a certain marriage to be celebrated between the same Thomas and a certain Anna Atkynson cousin of the abovesaid Robert,

[Vesey promised to provide 20 pounds in money and goods]

and the abovesaid Robert on the day and year abovesaid at Needham Market abovesaid undertook on himself and well and faithfully promised to the same Thomas that, if that Thomas would take the same Anna as wife and marry that Anna according to the ecclesiastical rites and laws of this realm of England, that then that same Robert wanted to give and pay well and faithfully 10 pounds of the lawful money of England and goods and useful chattels (in English, household stuff) to the value of another 10 pounds of the lawful money of England to the aforementioned Thomas after the marriage had and made between them in the mode and form abovesaid when he should be asked thereof,

[relying on that promise, Tayler married Anna]

the abovesaid Thomas, faithfully relying on which certain abovesaid promise and undertaking, on July 15 in the abovesaid year at Needham Market abovesaid took the abovesaid Anna as wife and married the same Anna according to ecclesiastical laws of this realm of England,

[but Vesey did not keep his promise, to Tayler’s damage]

nevertheless, the abovesaid Robert, not at all caring for his promise and undertaking abovesaid but scheming and intending fraudulently to deceive and to defraud that Thomas both of the abovesaid 10 pounds and of the abovesaid goods and useful chattels (in English, houshould stuff) to the value of the abovesaid other 10 pounds, did not pay the abovesaid 10 pounds and goods and chattels abovesaid to the the same Thomas although he was often asked to do that, nor did he content him in any other way, to the damage of that Thomas of 40 pounds, and thereof he produces suit etc.

[Vesey takes the general issue; first jury summons, no verdict recorded]

And now at this day, scilt., Friday after the morrow of Holy Trinity this same term until which day the abovesaid Robert had licence to emparl at the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid Thomas by his abovesaid attorney and the abovesaid Robert Vesey by James Caston his attorney, and the same Robert Vesey defends force and injury when etc., and says that he did not undertake on himself in the mode and form as the abovesaid Thomas Tayler above counted against him, and of this he puts himself on the countryside. And the abovesaid Thomas similarly. Therefore let come thereof a jury before the lord king at Westminster on the Monday immediately 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.