Thomas Wheeler and Joan his wife v. George Streete, 1607

[a colloquium between Joan a widow and George Streete concerning a marriage between Joan and George the son of George Streete]

Wiltshire. Thomas Wheeler and Joan his wife by their attorney present themselves on the 4^th day against George Streete lately of Atford in the abovesaid county yeoman concerning a plea why, whereas on January 10 in the 31^st year of the reign of the Lady Elizabeth late queen of England [1589] at Atford in the abovesaid county a certain colloquium was had and moved between the abovesaid Joan while she was single in her pure widowhood and the aforementioned George Streete now defendant for and concerning a certain marriage between a certain George Streete, jr., then the son and heir apparent of the aforementioned George Streete now defendant and the aforementioned Joan to be had and solemnized,

[George Streete the father had a messuage and tenement worth £20 annually and also had goods and chattels worth £120]

and whereas also the abovesaid George Streete on the abovesaid January 10 in the 31^st year of the reign of the said late queen abovesaid [1589] had in his tenure a certain messuage and a certain tenement in Atford abovesaid in the abovesaid county of Wiltshire of an annual value of £20 and more and was then also possessed of goods and chattels to the value of £120 and more;

[George Streete the father promised half his land and half his goods and chattels to George the son and Joan as marriage portion]

and the abovesaid George now defendant on the abovesaid January 10 in the 31^st year abovesaid at Atford abovesaid in the abovesaid county, in consideration that the abovesaid Joan would accept the abovesaid George Streete son of the aforementioned George as her husband and become espoused and married to the same George in lawful matrimony according to the ecclesiastical laws and rites, undertook on herself and then and there faithfully promised the aforementioned Joan while she was single that he the same George Street now defendant would grant and assure half of his whole messuage and tenement abovesaid in Atford abovesaid for and during the natural life of the same George Streete now defendant in marriage portion with the said George his son to the same George his son and Joan at the abovesaid marriage and would also give a half part of all his goods and chattels abovesaid to the same George and Joan at the abovesaid marriage similarly;

[the marriage took place a month later; the father was notified; and the couple had legitimate children; George the son then died ten years later]

the same Joan, then and there relying on which certain promise and undertaking of the abovesaid George, afterwards, scilt., on February 10 in the 31^st year of the reign of said late queen abovesaid [1589], at Atford abovesaid took as her husband the said George Streete son of the aforementioned George and was espoused and joined to the same George Streete the son in legitimate matrimony according to the ecclesiastical laws and rites, and that the abovesaid Joan and George Streete the son gave notice thereof to the aforementioned George Streete the father at Atford abovesaid by a space of 10 days before the solemnization of the same marriage, and the said George the son and Joan then his wife in the abovesaid marriage had divers children legitimately procreated, and afterwards the abovesaid George the son on November 3 in the 41^st year of the reign of said late queen [1599] died at Atford abovesaid;

[but George the father did not perform his promise while his son was alive, after his death, or after Joan re-married]

nevertheless, the abovesaid George Streete now defendant weighing little his promise and undertaking abovesaid but scheming and fraudulently intending hotly and deceitfully to deceive and defraud in this part the abovesaid George the son and Joan in the life of the same George the son and the aforementioned Joan after the death of the same George while she was single, or the aforementioned Thomas Wheeler and Joan after espousals celebrated between them or either of them did not at all give or grant or according to his abovesaid promise and undertaking to this time content them or any of them in any way although to this he was often required by the aforementioned George the son and Joan after the espousals celebrated between them in the life of that George the son and by the aforementioned Joan after the death of the abovesaid George the son while she was single and by the abovesaid Thomas Wheeler and Joan after the espousals celebrated between them, whereby the abovesaid Thomas and Joan not only totally lost all the gains, profits, benefits, and sums of money that could have arisen and come from the said half tenement abovesaid and the said half part of the goods and chattels abovesaid from then until now by reason of the use, application, and occupation in the meantime to the use and benefit of the same George the son and Joan during the life of the said George the son and during the widowhood of that Joan after the death of that George the son and during the espousals between the aforementioned Thomas and Joan, but also lost and were despoiled of the whole said half of the abovesaid tenement as well as the aforementioned half part of the goods and chattels abovesaid, to the damage of the same Thomas and Joan of 200 marks as they say.

[sicut pluries capias ordered to compel attendance]

And he did not come. And as before it had been ordered to the sheriff that he arrest him etc. And the sheriff now sends that he was not found etc. Therefore as many times let him be arrested that he be here at three weeks from Holy Trinity etc.