Page:The Green Bag (1889–1914), Volume 03.pdf/24

Rh to England, and being required by the plain tiff to fulfil the contract of marriage between himself and the said Lucy, and also to reimburse him for the maintenance of her and her maid during his protracted absence, with other "grevous hurtez, costez, and charges " incurred by him, utterly refused to do either, "which is not only to the greate htirte and hevynes of your said besecher, but also to the greate pwrell and iopardy of soule of the same Maister Richard; which sums of money, with other " reasonable considerations," which ought to be paid to the said plaintiff, are set out in a schedule annexed to the plaintiff's bill.

In the foregoing proceedings it is worthy of remark that the plaintiff, having affianced his daughter-in-law to an eligible suitor, con siders himself thereby relieved from the duty of maintaining her to the same extent as if she were already the wife of the defaulting law-student, which in effect she was. Unjustifiable as the defendant's conduct seems to have been, the claim for damages to the unfortunate Lucy, as appears by an item in the schedule, represents only "the sum actually expended on her in consequence of "hir sore and gret sekenes " caused by his " onkyndnes and chaungeablenes," and makes no pretence to compensation for her shattered hopes and wounded feelings, which in a modern suit of this kind would have been assessed at no inconsiderable figure.

In the fourth of these curious actions, the date of which appears to have been between the years 1504 and 1515, the gentleman is again the plaintiff, and seems, according to his own statement, like the defaulting swain first referred to, to have been considerably sought after; both the lady's father and her uncle having used "gret instaunce and labor" to induce him to take her to his affections, although they seem, for some unexplained reason, to have afterward changed their minds; not, however, before the plaintiff had bestowed on the chosen lady many tokens of affection, which, matter-of-fact man that he is, he now seeks to recover, together with his expenses in going to visit her.

The plaintiff in this case, one John James, who appears, curiously enough, to have also been a " law-student," alleges that one Thomas Morgan, of Northampton, scribe there to the Commissary of the Bishop of Lincoln, and Robert Morgan, his brother, "instantly labored your said besecher to take to wyfe one Elizabeth Morgan, daughter to the said Robert Morgan, with whom your said besecher suld have in hand by ther promes 100 marks in redy money" upon which "promes, gret instaunce and labor" made to him by the defendants, the plaintiff "resorted to the said Elizabeth to his gret costs and charges." And " thorow the desaveabull comforde as well of the said Thomas and Robert Morgan as of the said Elizabeth," delivered to her many tokens, — namely, " a ryng of gold set with certen stones lyke to a dragone's hede; " "a ryng of gold called a serjeaunt's ryng;" "a crosse of gold with a crucyfyx; " "a ryall in gold;" "a nobull in gold;" "thre pomaunders;" "a rebon of sylke;" "a pyncase of cloth of gold; " with other many small tokens to the value of ten marks and more; " and also was at gret costs and charges thorow his manyfoldjourneys taken in that behalf;" which he estimates at other ten marks. But now the said Thomas and Robert have "by ther crafty and falce meane" caused the said Elizabeth to take to husband one John Maurice, since which time the plaintiff hath many times demanded his said tokens, with his costs and charges, as well of the said Robert and Thomas, as of the said Elizabeth, which "they and every of them at all times hath denayed and yit doth denay, contrary to right and good con science," and therefore he prays a writ, etc.

From the documents above quoted, which are fair specimens of a tolerably numerous class, the action for breach of promise of marriage as we understand it at the present day, — that is to say, an action