Hugh Treble v. Thomas Hodges, court of king’s bench, 1607
Treble v Hodges is another case in which the marriage took place rapidly after the negotiation: only four days later. Whether the whole negotiation occurred only four days before the negotiation, however, remains unclear. It is possible that there was an initial meeting that agreed upon a marriage portion of 64 pounds to be paid to the groom by the father of the bride, that initial meeting followed by a further demand for another 2 pounds. Whether the negotiation was in one meeting (as the words in the case would imply) or in two, the groom demanded 2 more pounds, which a third party, Thomas Hodges, offered to pay if the father of the bride did not.
The Hodges attorney, instead of pleading, said that he had not been informed, so that his client lost. This defendant’s response does not reflect attorney negligence, but was the typical answer when the defendant did not contest that he was liable, but only disagreed about the amount of the liability. The court ordered an inquest to be taken by the sheriff (thus, not at the assizes before justices). Hodges must pay a typical award divided into three segments: (1) the actual damages, only marginally above the 2 pounds actually owed; (2) the minimal personal costs put out by the plaintiff, and (3) the “increment” added by the court for legal expenses and determined on the basis of the number of terms the attorney had worked on the case (at 3s4d/term) plus the payments for writs and to counsel; payments to clerks all had receipts. The increment was in fact more than half the total damages, so that the legal fees (increment) in fact constituted the incentive for the defendant to pay before litigation was necessary.
[the case of Hugh Treble v. Thomas Hodges now continues]
Somerset. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came Hugh Treble by Francis Martyn his attorney and proffered here in the court of the said lord king then and there his certain bill against Thomas Hodges in the 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 colloquium between Hugh Treble and Thomas Hodges and Reginald Godde concerning a marriage between Hugh Treble and Elma Godde]
Somerset. Hugh Treble complains concerning Thomas Hodges in the custody of the marshal of the marshalsea of the lord king being before the king himself for this viz., that, whereas a certain colloquium was had and moved between the same Hugh and the aforementioned Thomas and a certain Reginald Godde for and concerning a certain marriage to be had and solemnized between the same Hugh and a certain Elma Godde daughter of the abovesaid Reginald,
[Reginald Godde, father of the bride, offered as marriage portion 64 pounds to be paid to Hugh Treble]
and whereas also the abovesaid Reginald offered to give the same Hugh 64 pounds of lawful money of England in marriage portion with the aforementioned Elma
[Hugh Treble demanded a further 2 pounds from Reginald Godde; Thomas Hodges promised to pay Hugh the 2 pounds if Reginald did not]
and whereas the abovesaid Hugh demanded from the aforementioned Reginald that the same Reginald would give to the aforementioned Hugh similarly in marriage portion with the abovesaid Elma 40 shillings of the lawful money of England beyond the abovesaid 64 pounds, the abovesaid Thomas on January 29 in the first year of the reign of the Lord James now king of England at North Petherton in the abovesaid county, in consideration that the same Hugh at the special instance and request of the abovesaid Thomas would take as his wife the abovesaid Elma, undertook on himself and then and there faithfully promised the aforementioned Hugh that if the abovesaid Reginald not pay the same Hugh the abovesaid 40 shillings thus as set out above demanded by that Hugh from the aforementioned Reginald beyond the abovesaid 64 pounds thus as set out above similarly in marriage portion with the abovesaid Elma, then the same Thomas would want to pay and content the abovesaid 40 shillings well and faithfully when he should be required thereof,
[relying on that promise, Hugh Treble married Elma Godde four days later]
and the same Hugh in fact says that he, relying on the promise and assumption of the abovesaid Thomas, afterwards, scilt., on February 2 in the first year of the reign of the said lord king now abovesaid, at North Petherton abovesaid took as his wife the abovesaid Elma,
[Reginald did not pay the 2 pounds]
and the same Hugh further in fact says that the abovesaid Reginald did not pay to the same Hugh the abovesaid 40 shillings in marriage portion with the abovesaid Elma, but completely refused to pay them
[and neither did Thomas Hodges pay]
nevertheless, the abovesaid Thomas, not at all caring for his promise and assumption but scheming and intending hotly and craftily to deceive and defraud the same Hugh in this part, has not yet paid the abovesaid 40 shillings to the aforementioned Hugh according to his promise and undertaking abovesaid nor otherwise contented him for them, although the same Thomas afterwards, scilt., on April 1 in the fifth year of the reign of the said lord king now at North Petherton was asked often to do this by the abovesaid Hugh, but he completely refused to pay them to him or to content him and still refuses, wherefore the same Hugh says that he is worse off and has damages to the value of 10 pounds, and thereof he produces suit etc.
[Thomas Hodges submits no plea; the court orders an inquest to determine the damages]
And now at this day, scilt., on Friday next after the morrow of Holy Trinity in this same term until which day the abovesaid Thomas had licence to emparl to the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid Hugh by his abovesaid attorney and the abovesaid Thomas by William Tonge his attorney, and the same Hugh asks that the abovesaid Thomas respond to his abovesaid count, whereon the abovesaid attorney of the abovesaid Thomas says that he is not informed by the abovesaid Thomas his master concerning any response thereof to be given to the same Hugh for the abovesaid Thomas in the abovesaid plea nor does he say anything in bar or preclusion of the abovesaid action of the abovesaid Hugh, on account of which the same Hugh ought to recover his damages against the aforementioned Thomas by the occasion of the premises, but because the court of the lord king now does not know what damages the same Hugh by the occasion of the premises sustained, it is ordered to the sheriff that by the oath of prudent and lawful men of his bailiwick diligently he inquire what damages the abovesaid Hugh has sustained both by the abovesaid occasion and by his outlays and costs put out by him on his suit in this part, and that he send the inquisition etc., before the lord king at Westminster on the Thursday next after the month of St. Michael under the seal etc., and the seals etc., together with the writ of the lord directed to him thereof. The same day is given to the aforementioned Hugh there etc.
[return of the inquest of damages: damages of 2 pounds 6 pence; personal costs of 2d; increment (legal costs) of 3 pounds; total damages of 5 pounds 8 pence]
At which day before the lord king at Westminster comes the abovesaid Hugh Treble in his proper person and the sheriff returns the certain inquisition taken before him at Taunton in the abovesaid county on July 18 in the fifth year of the reign of said lord king now and of Scotland the fortieth by which it was found that the abovesaid Hugh Treble sustained damages by occasion of the premises at 40 shillings and 6 pence and for his outlays and costs by him put out on his suit in this part at 2 pence. Therefore it is considered that the abovesaid Hugh Treble recover against the aforementioned Thomas Hodges his abovesaid damages by the abovesaid inquisition found in the abovesaid form as well as 3 pounds for his outlays and costs abovesaid awarded by the court of the lord king here with his assent concerning the increment, which certain damages in total amount to 5 pounds and 8 pence, and the abovesaid Thomas Hodges in mercy etc.
Damages: 5 pounds 8 pence.