John Twist v. Richard Craunydge administrator of Thomas Craunydge, court of king’s bench, 1607

The bride’s natural father promised 20 pounds to the groom if he married the bride. At some point he gave furniture worth 20 pounds, either to the bride or to the groom. Although the pleading is framed in terms of whether the furniture was received as performance of the promise, the pleading indicates the difference was between whether the furniture was given before the marriage or after. The marriage took place two months after the promise; the furniture was given either after the marriage or more than a month before the promise.

[the case John Twist v. Richard Craunydge now continues]

Berkshire. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came John Twiste by Gabriel Coxe his attorney and proffered here in the court of the said lord king then there his certain bill against Richard Craunydge administrator of all and singular the goods and chattels, rights and credits that were of Thomas Craunydge deceased who died intestate, 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:

[Thomas Craunydge promised, if John Twist married Anna Craunydge his natural daughter, to pay John 20 pounds]

Berkshire. John Twist complains of Richard Craunydge administrator of all and singular the goods and chattels, rights and credits that were of Thomas Craunydge deceased, who died intestate, in custody of the marshal of the marshalsea of the lord king, being before the king himself, for this, viz., that, whereas the abovesaid Thomas in his life on September 16 in the second year of the reign of the Lord James now King of England at Newbury in the county abovesaid, in consideration that the abovesaid John at the special instance and request of the aforementioned Thomas would take as his wife a certain Anna Craunydge the natural daughter of the abovesaid Thomas and would marry that Anna according to the ecclesiastical law, undertook on himself and then and there faithfully promised to the aforementioned John that he the same Thomas or his administrators would want well and faithfully to pay and content 20 pounds of the lawful money of England to the same James when he should be asked thereof,

[John Twist, relying on that promise, married Anna Craunydge two months later]

and the same John Twist in fact says that he the same John, relying on the promise and undertaking of the abovesaid Thomas Craunydge in his life, afterwards, scilt., November 13 in the second year abovesaid, at Newbury abovesaid in the abovesaid county took the said Anna as wife and espoused the same Anna according to the ecclesiastical law,

[but Thomas Craunydge did not pay]

nevertheless the abovesaid Thomas in his life and the abovesaid Richard after the death of that Thomas, not at all caring for the promise and undertaking of the abovesaid Thomas but scheming and fraudulently intending in this part hotly and craftily to deceive and defraud the same John, has still not paid the abovesaid 20 pounds or any money thereof to the same John, although the same Thomas in his life, scilt., on 1 February in the second year abovesaid, and although the abovesaid Richard after the death of that Thomas afterwards, scilt., on April 1 in the fifth year of the reign of the said lord James now king of England, at Newbury abovesaid in the county abovesaid by the abovesaid John was asked according to the promise and undertaking of the abovesaid Thomas in his life nor has either of them paid nor have they contented the same John for the same in any way up until this time nor has either of them contented him,

          [nor has Richard Craunydge paid, even though sufficient goods from Thomas came into his hands, whereby he is worse off]

and although also goods and chattels that were of the abovesaid Thomas at the time of his death sufficient both to pay and content all the debts of that Thomas and to satisfy to the same John the abovesaid 20 pounds came into the hands and possession of that Richard after the death of the abovesaid Thomas and still are in the hands of that Richard, whereby the same John says that he is in many ways injured and worse off, and has damages to the value of 40 pounds, and thereof he produces suit etc.

[Richard Craunydge says that Thomas Craunydge after the marriage gave John Twist furniture in full performance of his promise]

And now at this day, scilt., Friday next after the morrow of Holy Trinity this same term, until which day the abovesaid Richard Craunydge had licence to emparl at this bill and then to respond etc., before the lord king at Westminster come both the abovesaid John Twist by his attorney abovesaid and the abovesaid Richard Craunydge by Thomas Purcell his attorney, and the same Richard defends force and injury when etc., and says that the abovesaid John ought not to have or maintain his action abovesaid thereof against him, because he says that after the abovesaid time of the abovesaid promise and undertaking above supposed to have been made and after the espousals celebrated between the abovesaid John and Anna, scilt., on November 28 in the second year of the reign of the said Lord James now king of England abovesaid at Speenhamland in the abovesaid county in satisfaction of that John of the abovesaid 20 pounds and in exoneration of the promise and undertaking abovesaid made the abovesaid Thomas in his life paid and delivered to the aforementioned John from the proper goods and chattels of the abovesaid Thomas one featherbed (in English, a fetherbedd), one bolster (in English, a bolster), one bedstead (in English, a beedstead), one cupboard (in English, a cupbord), and one chest filled with blanket linens and other linen cloths and divers other implements, furniture, and necessaries that then were and remained in a certain chamber parcel of a certain messuage of the abovesaid Thomas in Speenhamland abovesaid, which certain chamber the abovesaid John and Anna by permission of the abovesaid Thomas then had and used, which certain goods and chattels the abovesaid John then and there received, had, and accepted in full and complete payment and satisfaction both of the abovesaid 20 pounds and in exoneration of the abovesaid promise and undertaking of that Thomas, and this he is prepared to verify, wherefore the same Richard seeks judgment if the abovesaid John ought to have or maintain his action abovesaid thereof against him.

[John Twist says that those goods were given to Anna Craunydge before the marriage and not to perform the promise]

And the abovesaid John Twist says that he ought not to be precluded from having his abovesaid action thereof against him by anything alleged in pleading by the abovesaid Richard above, because he says that the abovesaid Thomas Craunydge in his life long before the abovesaid time of the promise and undertaking abovesaid made, scilt., on August 1 in the second year abovesaid, at Speenhamland abovesaid from his own free will gave to the same Anna while she was single the abovesaid goods and chattels mentioned above in the abovesaid bar, without this that the abovesaid John received, had, or accepted the same goods and chattels in full and complete payment and satisfaction both of the abovesaid twenty pounds and in exoneration of the same promise and undertaking of that Thomas as the abovesaid Richard above alleged in pleading, and this he is prepared to verify, wherefore he seeks judgment and his damages abovesaid by occasion of the premises to be adjudicated to him etc.

[They join issue on whether the furniture was given to perform the promise; a jury is summoned; no verdict is recorded]

And the abovesaid Richard Craunydge as before says that the abovesaid John received, had, and accepted the abovesaid goods and chattels in full and complete payment and satisfaction both of the abovesaid 20 pounds and in exoneration of the same Thomas of the abovesaid promise and undertaking in the mode and form as the Richard above in pleading alleged, and of this he puts himself on the countryside. And the abovesaid John similarly etc. Therefore let come thereof a jury before the lord king at Westminster on the Tuesday next 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.