Paul Wentworth v. Elena Wentworth, 1607

[Paul Wentworth in his will left an annual legacy of £40 to be paid to his son of the same name from his majority for as long as the testator’s wife lived and made his wife Elena his executrix; after his death she accepted the executorship]

London. Paul Wentworth armiger by his attorney presents himself on the 4^th day against Elena Wentworth lately of Burnham in the county of Buckinghamshire widow concerning a plea why, whereas a certain Paul Wentworth of Burnham in the county of Buckinghamshire armiger deceased in his life having issue and his first-born son legitimately procreated from his body, the same Paul Wentworth plaintiff, on September 7 in the 35^th year of the reign of the Lady Elizabeth late queen of England [1593], at London in the parish of Blessed Mary of the Arches in the ward of Cheep established his testament and last will in writings and by the same among other things he willed and devised that his older son for the time being after he should come to his majority of 21 years up until the death of his [the father’s] then wife would have and receive annually from his executor or executors for the time being £40 of the legal money of England to be paid each quarter (in English, quarterly) by each year £10 a quarter (in English, a quarter) and by the same he constituted and ordained the abovesaid Elena then the wife of the abovesaid Paul Wentworth the father to be his executrix of this abovesaid testament just during the life of the same Elena, and afterwards the same Paul Wentworth father at London in the parish and ward abovesaid died, then being possessed of sufficient goods and chattels to satisfy all his debts and legacies devised by him beyond all burdens, outlays, and expenses in and surrounding the funeral and burial of the abovesaid Paul Wentworth father to be put out and bestowed, after whose death the abovesaid Elena accepted on herself the burden of the execution of the abovesaid testament,

[Paul reached his majority]

and whereas the same Paul now plaintiff afterwards, scilt., on February 18 in the 41^st year of the reign of the said late queen [1599], at London in the parish and ward abovesaid arrived at his majority of 21 years,

[on the day Paul reached his majority, there was a communication between him and Jane Morgan about their marriage with the consent of both parties’ parents]

and whereas also afterwards, scilt., on the same day and year at London in the abovesaid parish and ward a certain communication was had and moved between that Paul Wentworth plaintiff with the consent and assent of the abovesaid Elena and a certain Jane Morgan daughter of William Morgan armiger with the consent and assent of that William Morgan of and concerning a certain marriage between that Paul Wentworth plaintiff and the aforementioned Jane according to the ecclesiastical laws of this realm of England to be had and solemnized;

[and also on the same day Elena the widow promised to supplement the £40 annual legacy up to £100, the difference to be paid by Elena on condition that the couple not board with her]

the abovesaid Elena afterwards, scilt., on the said February 18 in the 41^st year abovesaid [1599], at London in the parish and ward abovesaid in consideration that the same Paul Wentworth plaintiff would take as his wife the abovesaid Jane Morgan undertook on herself and then and there faithfully promised the same Paul Wentworth plaintiff to supplement and make the abovesaid annuity and annual legacy of £40 to attain to £100 of the legal money of England for the same Paul plaintiff for his greater and better maintenance to be paid by that Elena annually after that marriage solemnized during the life of that Elena such that the same Paul plaintiff and the abovesaid Jane whom he as set out above took to wife after that marriage solemnized would not burden that Elena as boarders in any other way than as guests (in English, gestwyse),

[the couple married, again on that same day, and since then have not boarded with the widow]

and the same Paul Wentworth plaintiff in fact says that he relying on the abovesaid promise and undertaking abovesaid afterwards, scilt., on the abovesaid February 18 in the 41^st year abovesaid at London in the parish and ward abovesaid according to the ecclesiastical laws of this realm of England took as his wife the abovesaid Jane Morgan and that the same Paul plaintiff and the abovesaid Jane his wife from the time of the said marriage as it is set out before had and solemnized up to this time have not burdened nor either of them has burdened the abovesaid Elena as boarders otherwise or in other way than as guests (in English, gestwise) abovesaid,

[but Elena did not perform her promise] 

nevertheless the abovesaid Elena not at all caring for her abovesaid promise and undertaking but scheming and intending hotly in this part to deceive and defraud that Paul did not supplement and make the abovesaid annuity and annual legacy of £40 to attain to £100 for the same Paul plaintiff for his greater and better maintenance to be paid by that Elena annually after that marriage in the abovesaid form up to this time nor did she pay or satisfy the £60 beyond the abovesaid annuity and annual legacy of £40 to the same Paul Wentworth plaintiff by virtue of that promise and undertaking owed and payable accruing for the one year ended on February 18 in the 4^th year of the reign of the said lord king to supplement and make the same annual sum of £40 as it is set out above to attain to £100 for that year to be paid to the same Paul Wentworth plaintiff although that same Elena to this was often required by that Paul Wentworth plaintiff according to the form and effect of her abovesaid promise and undertaking, but she wholly refused to pay or satisfy them to him up to this time and still refuses, to the damage of that Paul Wentworth plaintiff of £100 etc.

[capias and sicut prius capias to compel the defendant to appear]

And he did not come. And it had been ordered to the sheriff that he summon her etc. And the sheriff now sends that she has nothing etc. Therefore let her be arrested that she be here at the third week after Holy Trinity etc. At which day came here the abovesaid Paul by his attorney and offered himself on the 4^th day against the aforementioned Elena concerning the abovesaid plea, and she did not come. And it had been ordered to the sheriff that he arrest her etc. And the sheriff sends that she is not found etc. Therefore as before let her be arrested that she be here on the octaves of St. Michael etc.