Richard Vincent v. Thomas Chatfield and Cecilia his wife, court of king’s bench, 1607

In a situation in which a woman was a joint executor with a minor male (who took title to the lands) and with responsibility for a 310 pound legacy for another female, apparently also a minor, the marriage negotiation involved the intervention of a third party who secured a promise that the female executor would provide various securities to ensure the good management of the minor executor’s property and for the legacy. The female executor promised to pay the third party 100 pounds if she did not provide those security arrangements before the marriage. Marriage negotiations would have to provide for worries about the duties the bride had but would now fall into the control of her new husband.

The jury awarded only 50 pounds of the 100 pounds of the female executor’s promise. The failure to provide the securities may thus not have resulted in bad management or other failure in responsibilities, but simply failure to perform the promise. The details may indicate that the third party was attempting to come up with the full amount of the 310 legacy when the decedent had left only 100 pounds in goods and chattels.

[the case Richard Vincent v. Thomas Chatfield and Cecilia his wife now continues]

Sussex. Memorandum that formerly in the term of St. Michael last past before the lord king at Westminster came Richard Vincent by Robert Heath his attorney and proffered here in the court of the lord king then there his certain bill against Thomas Chatfield and Cecilia his wife in the custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges of prosecution, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[Richard Costedelle, sr., held a fee tail in Bolney and Twineham in socage]

Sussex. Richard Vincent complains concerning Thomas Chatfield and Cecilia his wife in custody of the marshal of the marshalsea of the lord king being before the king himself for this, viz., that, whereas a certain Richard Costedelle in his life, scilt., on April 6 in the fourth year of the reign of the Lord James now king of England, at Bolney in the abovesaid county was seised of and in one messuage and of divers parcels of land, meadow, pasture, and woods with appurtenances in Bolney abovesaid and Twineham in the abovesaid county in his demesne as of fee tail, viz., to himself and the heirs of the body of the same Richard legitimately procreated, and he held the same from William Comber gentleman as of his manor of Ewhurst in the abovesaid county in free socage, viz., by fealty only for all services,

[and he held another tenement in Cuckfield as a life estate, whereof the remainder in fee tail was held by Richard Costedelle, jr.]

and whereas also on the same day and year at Bolney abovesaid the same Richard and a certain Richard Costedelle son of the abovesaid Richard were seised of and in one other messuage with certain lands and pastures looking or pertaining to the same messuage in Cuckfield in the abovesaid county, viz., the same Richard father in his demesne as of free tenement for the term of life of the same Richard father and the abovesaid Richard son in his demesne as of fee tail viz., to himself and the heirs of the body of the same Richard Costedelle son legitimately procreated,

[and Richard Costedelle, sr., had 100 pounds in goods and chattels]

and whereas also on the same day and year at Bolney abovesaid the abovesaid Richard Costedelle father in his life was possessed of divers goods and chattels as of his own goods and chattels to the value of 100 pounds of the lawful money of England,

[and then he devised 310 pounds to his daughter Jane Costedelle and made Richard Costedelle, jr., and Cecilia his executors; he died 10 days later]

and the same Richard Costedelle father in his life thus being seised of the abovesaid messuage and parcel of the abovesaid lands, meadow, pasture, and woods with appurtenances in Bolney and Twineham abovesaid in fee tail and the same Richard Costedelle father in his life and the abovesaid Richard Costedelle son thus being seised of the abovesaid messuage, lands, and pastures with appurtenances in Cuckfield abovesaid in the form abovesaid, and the abovesaid Richard Costedelle father being possessed of the abovesaid goods and chattels in the form abovesaid similarly, the same Richard Costedelle father afterwards, scilt., on 17 April in the fourth year of the reign of the lord king now abovesaid at Bolney abovesaid established his testament and last will in writings and by the same he devised to a certain Jane Costedelle the daughter of the abovesaid Richard father 310 pounds of the lawful money of England, and by the same testament he made and constituted the abovesaid Cecilia and Richard Costedelle son executors and afterwards on April 27 in the fourth year abovesaid at Bolney abovesaid he died thus as set out above seised of the abovesaid messuage and parcel of land, meadows, pasture, and woods with appurtenances and possessed of the abovesaid goods and chattels in the abovesaid form,

          [so that Richard Costedelle, jr., then under 11 years old, held both the lands in Cuckfield and the lands in Bolney and Twineham in fee tail]

after whose death the same Richard son held himself within on the abovesaid messuage, lands, and tenements in Cuckfield abovesaid with appurtenances by the right of increase and was and still is seised thereof in demesne as of fee tail, viz., to him and the heirs procreated of his body, and the abovesaid messuage and parcel of the land, meadow, pasture, and wood with appurtenances in Bolney and Twineham abovesaid by and after the death of the abovesaid Richard father descended to the same Richard Costedelle son under the age of 14 years, scilt., being of the age of 10 years and a half of one year and not more, as nearest heir of the body of that Richard father legitimately procreated, by virtue of which the same Richard son entered in the same messuage and parcel of land, meadow, pasture, and woods with appurtenances and was seised thereof in his demesne as of fee tail, viz., to him and the heirs of his body legitimately procreated,

[so that Cecilia entered onto the tenements in Bolney and Twineham as guardian in socage of Richard Costedelle, jr., and onto the tenements in Cuckfield as bailiff]

and that Richard son being seised of all the abovesaid messuages, lands, and tenements thus as set out above, the same Cecilia after the death of the same Richard father, scilt., on April 28 in the fourth year abovesaid entered in the messuage, parcel of land, meadow, pasture and woods abovesaid with appurtenances in Bolney and Twineham abovesaid as guardian in socage and to the use of the same Richard son, and the rents, issues, and profits thereof looking and pertaining to the same Richard son issuing and deriving thereof as guardian, and to the use of that Richard son she received, had, and still daily takes and is thereof guardian, and the same Cecilia then in the abovesaid messuage, lands, and tenements in Cuckfield abovesaid after the death of that Richard father entered as bailiff and to the use of that Richard son similarly, and took and had the rents, revenues, and profits issuing thereof to the use of that Richard son and still is the bailiff of that Richard son thereof,

[and while Cecilia and Richard Costedelle as executors had the chattels and while Cecilia was acting as guardian and bailiff of Richard, there was a colloquium between Cecilia and Thomas Chatfield about a marriage between them]

and whereas also the same Cecilia and the abovesaid Richard Costedelle son after the death of the abovesaid Richard Costedell father as executor of the testament and last will of the abovesaid Richard the father was possessed of the abovesaid goods and chattels of the same Richard the father by virtue of that testament, and the same Cecilia thus as set out above being guardian and bailiff of the same Richard son of the tenements abovesaid in the abovesaid form afterwards, scilt., on June 11 in the fourth year of the reign of the said Lord James now king of England abovesaid at Bolney abovesaid in the abovesaid county a certain colloquium was raised and had between the aforementioned Thomas and the abovesaid Cecilia while the same Cecilia was single and unmarried concerning a marriage to be made and solemnized between the same Thomas and Cecilia then thenceforth,

[in that colloquium Richard Vincent gave Cecilia a piece of gold for her promise that before the marriage of Cecilia security would be made for Richard Costedelle’s lands and Jane’s legacy: (1) an obligatory bond for the revenues of Richard Costedelle, jr. and against waste, (2) that Thomas would deliver to a third party 100 pounds to the use of Jane, and (3) that Thomas would surrender a customary tenure to the use of Jane that could be redeemed by payment of another 100 pounds to Jane; in default, Cecilia would owe Richard Vincent 100 pounds]

afterwards, scilt., on June 11 in the fourth year abovesaid at Bolney abovesaid in the county abovesaid in consideration that the same Richard Vincent at the special instance and request of the abovesaid Cecilia while she was single then and there gave and delivered to the same Cecilia to the proper work and use of that Cecilia one piece of gold called a French crowne peece of golde of the lawful money of England, the same Cecilia while she was single on the abovesaid June 11 in the fourth year abovesaid at Bolney abovesaid undertook on herself and faithfully promised to the same Richard Vincent that if that same Cecilia at any time thenceforth should espouse (in English, did take to husbande) the aforementioned Thomas Chatfield, that that same Cecilia before the marriage between that Cecilia and Thomas to be celebrated would become held and obligated by her obligatory writing sufficient in law in the sum of 300, 400, or 500 pounds of the lawful money of England to the abovesaid Richard Vincent or to a certain Stephen Agate or to Robert Vincent with the condition thereon that the abovesaid Thomas and Cecilia or either of them all and singular sums of money of the same Richard son annually during the minority of the same Richard Costedelle son issuing and deriving from and out of the rents, revenues, and profits of the messuages, lands and tenements with appurtenances whatsoever would want well and faithfully to pay and content at the full age of the same Richard son or otherwise as by the laws of this realm of England the same Thomas and Cecilia or either of them should be asked by the same Richard son or his assigns and that the abovesaid Thomas and Cecilia or either of them or their assigns or either of them at any time thenceforth during the minority of the same Richard Costedelle son would not make any waste of and in the woods, lands, and tenements abovesaid or any parcel thereof, and also that the abovesaid Thomas Chatfield before the abovesaid marriage had would pay or deliver to some sufficient man to the use of Jane Costedelle daughter of the abovesaid Richard Costedelle father the sum of 100 pounds in coined money or so much goods or chattels of the proper goods of the abovesaid Thomas as attain to the full value of the sum of 100 pounds of the lawful money of England, and further that the abovesaid Thomas Chatfield surrender one messuage with all the lands and pastures pertaining or looking to the same messuage of that Thomas lying in Ditchelling in the abovesaid county being customary tenements and parcel of the manor of “Courte de Garden” in the abovesaid county then in the hands of the lord of the abovesaid manor to the use of that Jane under the condition following, that if the abovesaid Thomas Chatfield, his heirs, executors or assigns should pay to the aforementioned Jane an other sum of 100 pounds of the lawful money of England, that then the surrender would be void and of no strength in law or otherwise that the abovesaid Cecilia in default of the performance of the promise and undertaking of that Cecilia would want well and faithfully to pay and content to Richard Vincent the abovesaid sum of 100 pounds of the lawful money of England when she should be asked thereof,

[19 days later Cecilia married Thomas Chatfield]

and the same Richard Vincent in fact says that the abovesaid Cecilia afterwards, scilt., on June 30 in the fourth year abovesaid at Bolney abovesaid took as her husband the abovesaid Thomas Chatfield and then and there espoused that Thomas according to the ecclesiastical laws of this realm of England,

          [but before the marriage none of the security provisions for Richard Costedelle, jr., or Jane had been performed]

and although the same Cecilia before the marriage between those aforementioned Cecilia and Thomas celebrated did not become held and obligated by her obligatory writing sufficient in law in the sum of 300, 400, or 500 pounds to the same Richard Vincent, Stephen Agate, or Robert Vincent or any of them with the the condition thereon that the abovesaid Thomas and Cecilia all sums of money of the same Richard son annually during the minority of the abovesaid Richard Costedelle son issuing and deriving from and out of the rents, revenues and profits of the abovesaid messuage, lands, and tenements with appurtenances would want well and faithfully to pay and content or either of them would want to pay and content at the full age of that Richard son or otherwise as by the laws of this realm of England the same Thomas and Cecilia or either of them should be asked by the same Richard son or his assigns, and that the abovesaid Thomas and Cecilia or either of them or their assigns or any of them at any time thenceforth during the minority of the abovesaid Richard Costedelle son would not make any waste of and in the woods, lands, and tenements abovesaid or any parcel thereof and also that the abovesaid Thomas Chatfield before the abovesaid marriage would pay or deliver to any sufficient man to the use of the abovesaid Jane the sum of 100 pounds in coined money or such goods or chattels of the proper goods and chattels of the abovesaid Thomas as attain to the full value of the sum of 100 pounds of the lawful money of England, and further that the abovesaid Thomas Chatfield would surrender the abovesaid customary messuage, lands, and tenements in Ditchelling abovesaid into the hands of the lord of the abovesaid manor according to the custom of the manor of “Courte de Garden” to the use of that Jane under the condition that if the abovesaid Thomas Chatfield, his heirs, executors, or assigns would pay to the aforementioned Jane an other sum of 100 pounds of the lawful money of England then the abovesaid surrender would be void and of no force in law according to the form and effect of the promise and undertaking of that Cecilia,

[and they have not paid the penalty for default on Cecilia’s promise, whereby Richard Vincent is worse off]

nevertheless the abovesaid Cecilia while she was single and the abovesaid Thomas and Cecilia after the espousals celebrated between them, not at all caring for the promise and undertaking of the said Cecilia but scheming and fraudulently intending hotly and craftily to deceive and defraud the abovesaid Richard Vincent of the abovesaid 100 pounds, have still not paid nor has either one of them paid the abovesaid 100 pounds to the same Richard Vincent still, although the same Cecilia while she was single and the abovesaid Thomas and Cecilia after the espousals between them celebrated to pay this by the aforementioned Richard Vincent afterwards, scilt., on July 30 in the fourth year abovesaid, at Bolney abovesaid in the county abovesaid were asked, whereby the same Richard Vincent says that he completely lost divers gains, profits, and advantages that he could have had and gained with the abovesaid 100 pounds licitly by buying, selling, and bargaining if the abovesaid Cecilia while she was single had performed her promise and undertaking abovesaid made, wherefore the same Richard Vincent says that he is worse off and has damages to the value of 200 marks and thereof he produces suit etc.

[Thomas Chatfield and Cecilia deny that she promised in the mode and form alleged, and a jury is summoned]

And now at this day, scilt., Friday next after the morrow of Holy Trinity this same term, until which day the abovesaid Thomas and Cecilia had licence to emparl to the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid Richard by his attorney abovesaid and the abovesaid Thomas and Cecilia by John Birstye his attorney, and the same Thomas and Cecilia defend force and injury when etc., and they say that the abovesaid Cecilia while she was single did not undertake on herself in the mode and form as the abovesaid Richard above counts against them, and of this they put themselves on the countryside. And the abovesaid Richard similarly etc. Therefore let come a jury thereof 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.

[the nisi prius jury summons]

Afterwards, the process thereof having been continued between the abovesaid parties concerning the abovesaid plea by juries put in respite between them before the lord king at Westminster until the Wednesday next after the quindene of Easter then next following unless the justices of the lord king assigned to take the assizes in the abovesaid county come before on the Monday in the second week of Lent at East Grinstead in the abovesaid county by form of the statute etc., for default of jurors etc.

[the jury returns a verdict for Richard Vincent, but with the main damages at 50 pounds, personal costs at 2 pence, and legal costs at 16 pounds]

At which day before the lord king at Westminster come the abovesaid Richard Vincent by his attorney abovesaid and the aforementioned justices to etc., the assizes before whom etc., sent here their record had before them in these words: Afterwards on the day and place contained within before Thomas Walmesley knight a justice of the lord king of the Bench and John Croke knight a justice of the said lord king assigned to hold pleas before the king himself, justices of that lord king assigned to take the assizes in the county of Sussex by the form of the statute etc., come both the withinnamed Richard Vincent and the withinwritten Thomas Chatfield and Cecilia his wife by their attorneys within contained, and the jurors of the jury whereof mention is made within having been exacted, some of them come and some of them do not come as appears in the panel, and certain of the same jurors now appearing, viz., Richard Brewer, Richard Harland, John Dumbrell, Thomas Pickham, Henry Walter, John Gardener, George Sutton, John Worsfold, and Thomas Greenfield are sworn onto the abovesaid jury; and certain of the same jurors now similarly appearing, viz., Richard Butcher, because he was found suspected between the abovesaid parties, was completely extracted from the abovesaid panel, and because the rest of the jurors of the same jury did not appear, therefore others from those standing around selected by the sheriff of the abovesaid county to this at the request of the abovesaid Richard Vincent and by the order of the abovesaid justices anew are appointed, whose names are sewn to the panel within written according to the form of the statute edited and provided in such manner case, and the jurors thus anew appointed, viz., John Cutfold, William Barnard, and John Todgoose, having been similarly exacted, come, who impaneled and sworn to tell the truth concerning the matter contained within together with the other abovesaid jurors, elected, tried, and sworn, say on their oath that the abovesaid Cecilia while she was single undertook on herself in the mode and form within specified as the abovesaid Richard Vincent within against the aforementioned Thomas Chatfield and Cecilia complain. And they assess the damages of that Richard by occasion of the non-performance of that undertaking, beyond his outlays and costs put out by him on his suit in this part at 50 pounds, and for those outlays and costs, at 2 pence. Therefore it is considered that the abovesaid Richard Vincent recover against the aforementioned Thomas Chatfield and Cecilia his wife the abovesaid damages assessed by the abovesaid jury in the form abovesaid as well as 16 pounds for his outlays and costs adjudicated to the same Richard by the court of the said lord king here by his assent for the increment, which certain damages in all total to 66 pounds and 2 pence, and the abovesaid Thomas and Cecilia in mercy etc.

Damages: 66 pounds, 2 pence