Thomas Laurence c. Agnes Jaco alias Sawier

This is one of those Consistory suits that is not really adversarial: both plaintiff Thomas Laurence and defendant Agnes Jaco alias Sawier appear to have wanted to be married to one another. There may in fact have been another plaintiff only obliquely indicated in these depositions, John Weston, and it was certainly his objections to the Laurence-Jaco match that drew them into court. Jaco’s response appears to be in answer to a statement of claim (or libel) Weston, rather than Laurence, submitted; Weston also evidently claimed that he had made a contract with Jaco, but she denied it. As no witnesses appeared for Weston, almost certainly Laurence’s and Jaco’s marriage would have been confirmed by the court.

The depositions give interesting evidence about remarriage. Both Laurence and Jaco were likely married before; Laurence had a daughter living with him, while Agnes’s multiple surnames and possession of a house in Chelmsford suggest that she was a widow. As there was some intense activity around her marital prospects in late March and early April 1494, it is possible she was then just emerging from the customary one-year period of mourning as an attractive candidate for remarriage. We learn nothing here about the lead-up to the exchange of consent between Laurence and Jaco – how they had met, how long they had known one another – but Jaco’s own response indicates that Weston had not met her before late March when he specifically came to her house for the purpose of “seeing [her] person.” Her person must have been acceptable, for following that he began, through intermediaries, to follow the next customary step of courtship (sending a gift). Her refusal to accept the gift was a clear signal that she was not interested in going further; witnesses indicated that she did, on the other hand, accept Laurence’s gifts and then went on to contract marriage with him.

LMA, MS DL/C/A/001/MS09065, fols. 194r-195r

Testimony of John Colvile, Witness for plaintiff, 24 Apr. 1494

On behalf of Thomas Laurence c. Agnes Jaco alias Sawier

24 April in the Consistory of London, by Master Richard Draper, in my, Richard Grome’s, presence

John Colvile of the parish of Chelmsford [Essex], London diocese, where he has lived for thirty years, literate, of free condition, thirty years old or thereabouts as he says. Sworn as a witness etc., he says that he has known Thomas Laurence for twenty years, Agnes Jaco alias Sawier for two years or thereabouts. To the first and second articles, he says that on the Wednesday falling immediately after Low Sunday^[1] last past [9 Apr.], between the hours of five and six in the morning, Thomas Laurence called this witness and William Erle, who were then outside in the yard near the house, that they should come in, and when they entered the house they saw there in a parlour of the house Thomas, Agnes, and Thomas’s daughter. And immediately then and there Thomas asked this witness and William Erle to bear witness to the words that would be said between him and Agnes, and having said these things he immediately took Agnes by her right hand and said to her, “I Thomas take thee Agnes to my wife, and thereto I plight thee my troth.” And then they unclasped their hands and in return Agnes took Thomas by his right hand and said to him, “I Agnes take thee Thomas to my husband, and thereto I plight thee my troth.” And they unclasped hands and kissed one another and drank malmsey^[2] together. And immediately Master John Asshwell^[3] and others also came, and they drank the wine and yet there was no further talk of the previous discussion between them that this witness had heard. This witness testifies to these things from his own sight and hearing. To the third article, he says that its contents are true and this he knows because this witness often heard Agnes since the contract acknowledging that she had contracted marriage with Thomas. To the fourth article, he says that Agnes before this contract and since said to this witness that Thomas gave her three or four pieces of gold and a set of coral beads and a girdle decorated with silver, which gifts she said that she had received from him for the sake of this marriage. And otherwise he knows nothing to depose concerning its contents. To the fifth article, he says that its contents are true. To the sixth article, he says that what he said above is true and that public voice and fame circulated and circulate about it in the parish of Chelmsford and other neighbouring places.

Testimony of William Erle, Witness for plaintiff, 24 Apr. 1494

William Erle of the parish of Chelmsford aforesaid, where he has lived for twenty years, literate, of free condition, forty years old or thereabouts, as he says. Sworn as a witness etc., he says that he has known Thomas Laurence for twenty years, Agnes Jaco alias Sawier for three years or thereabouts. To the first and second articles of the libel^[4], he agrees with John Colvile examined above. To the third article, he agrees with the last witness examined above. To the fourth article, he says that on the day and at the place of the contract and immediately after the contract Thomas gave Agnes a set of coral beads. And otherwise he knows nothing to depose concerning its contents. To the fifth article, he says that its contents are true. To the sixth article, he says that what he said above is true, and that public voice and fame circulated and circulate about it in the parish of Chelmsford and other neighbouring places.

Response of Agnes Jaco alias Sawier, defendant, 25 Apr. 1494

Responses personally made by Agnes Sawier, 25 April

Agnes Sawier sworn etc. on the positions etc.[5] To the first article, she says that she does not believe its contents, but says that on the Monday, as she recalls, falling right after Passion Sunday or Palm Sunday [17 or 24 Mar.] last past, John Weston came to this witness’s house in Chelmsford and while he sat there talking and drinking with Laurence Lete who had come with him, John, among the things they discussed, said that he had come to that house for the sake of seeing this witness’s person, but not at that point for discussing marriage with her. And then Laurence said to this witness that John had greater favour towards her than any other woman, and that he and John would return in the upcoming Easter week, together with a man named Garland, and discuss the matter further. And in the meantime this witness sent to John and Laurence to say they should not come again to discuss marriage with her, because they would be wasting their time. And she says that on the Saturday before Palm Sunday [22 Mar.] a certain William Clerke came to this witness and delivered to her a certain ring that Weston had sent to her, and this witness would not receive it, and there was no other discussion of making marriage between them. To the second and third positions, she does not believe them or that their contents are true. To the fourth position, she does not believe its contents. To the fifth, she admits its contents. To the sixth, she admits that it is disputed, but not legitimately. To the seventh position, she believes what is believed and she does not believe what is not believed, and she does not believe the fame.

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[1] Low Sunday was the Sunday after Easter.

[2] A form of sweet wine.

[3] Asshwell is identified in a subsequent 1494 case as chaplain and curate of the parish of Chelmsford — and also shows up in another case from summer 1494. For more on him, see Office c Asshford.

[4] The plaintiff’s statement of claim in which the articles that structured the initial examination of witnesses were set out.

[5] As noted above, it appears that Agnes here responded to different questions or positions than were put to the previous witnesses, suggesting it is a different libel or plaintiff’s statement of claim; this suggests that John Weston also sued her, probably prompting then a counter-suit from Laurence. Possibly also the matter was brought into the Consistory court after Weston called out against the banns between Jaco and Laurence.