John Tooker v. William Hill, court of common pleas, 1607
[William Hill promised to pay John Tooker £50 in installments so that John would marry Mary, William’s daughter]
Devon. William Hill lately of Hinsham (Huntsham?) in the abovesaid county husbandman was attached to answer John Tooker concerning a plea why, whereas the abovesaid William on March 10 in the year of the reign of the now lord king of England etc., the first [1604] at Witheridge, in consideration that the same John at the special instance and request of the same William would take as his wife a certain Mary Hill the daughter of the same William and espouse her according to the ecclesiastical laws of this realm of England, undertook on himself and then and there faithfully promised the same John that the same William wanted to pay and content to the aforementioned John £50 of the legal money of England in the manner and form following, viz., £10 of the abovesaid £50 at or on the day of the marriage of the said John and Mary; and at or on the feast day of the Purification of the Blessed Virgin Mary then next following £20 of the abovesaid £50; and at or on May 3 then next following, another £20 residue of the abovesaid £50;
[John married Mary 19 days after the promise]
and although the same John on the hope of the faithful performance of the abovesaid William’s promise and undertaking abovesaid afterwards, scilt., on May 29 in the year of the now lord king 2nd at Witheridge abovesaid took the abovesaid Mary as his wife and espoused her there according to the ecclesiastical laws of this realm of England,
[and William only paid the £10 due at the marriage day, but nothing further]
nevertheless the abovesaid William, not at all caring for his abovesaid promise and undertaking but scheming hotly to deceive and defraud the same John of £40 of the abovesaid £50, did not pay or otherwise content the same £40 or any money thereof to the same John at or on the feast day of the Purification of the Blessed Virgin Mary and on the abovesaid May 3 according to his abovesaid promise and undertaking, but refused to pay him them until this time and still refuses, whereby the same John was completely despoiled of and lost divers great gains and profits that he could have acquired with the abovesaid £40 by buying, selling, and legally bargaining with divers lieges of the said now lord king, to the damage of the same John of 100 marks etc.
[the plaintiff’s count that repeats the above]
And whereof the same John by Lewis Lashbrooke his attorney complains why, whereas the abovesaid William on March 10 in the year of the reign of the now lord king of England etc., the first [1604], at Witheridge, in consideration that the same John at the special instance and request of the same William, would take as his wife a certain Mary Hill daughter of the same William and espouse her according to the ecclesiastical laws of this realm of England, undertook on himself and then and there faithfully promised the same John that the same William wanted to pay and content £50 of the legal money of England to the aforementioned John in the manner and form following, viz., £10 of the abovesaid £50 at or on the day of the marriage of the said John and Mary; and at or on the feast day of the Purification of the Blessed Virgin Mary then next following £20 of the abovesaid £50; and at or on May 3 then next following the other £20 remaining of the abovesaid £50; and although the same John on the hope of the faithful performance of the abovesaid William’s abovesaid promise and undertaking afterwards, scilt., on May 29 in the 2nd year of the reign of the said now lord king at Witheridge abovesaid took as his wife the abovesaid Mary Hill and espoused her there according to the ecclesiastical laws of this realm of England; nevertheless the abovesaid William not at all caring for his abovesaid promise and undertaking but scheming hotly to deceive and defraud the same Jon of £40 of the abovesaid £50, did not pay or otherwise content the same John of the £40 or any money thereof at or on the abovesaid feast day of the Purification of the Blessed Virgin Mary and the abovesaid May 3 according to his abovesaid promise and undertaking, but he wholly refused to pay him them to this time and still refuses, whereby the same John was totally despoiled of and lost great gains and profits he could have acquired with the abovesaid £40 by buying, selling, and legally bargaining with divers lieges of the said now lord king, to the damage of the same John 100 marks, and thereof he produces suit etc.
[William emparls]
And the abovesaid William by Thomas Thompson his attorney comes and defends force and injury when etc., and seeks license to emparl here until the octaves of St. Michael and has it etc. The same day is given to the aforementioned John here etc.