In late 1491, two men – Laurence Wyberd of Essex and John Austen of Shoreditch or London – each claimed that they had made a contract of marriage with Maude Gyll of London. Wyberd’s witnesses (who included his father and brother) gave detailed testimony not only about a contract of marriage just after Christmas 1490 but also about discussions between their families, gifts exchanged, and preparation of clothes for the wedding. John Austen’s witnesses, however, also claimed a contract of marriage, discussions between families, and gifts exchanged – and this at Christmas 1489 rather than 1490. Both Maude Gyll herself and her parents denied Wyberd’s testimony and supported Austen’s story. On the one hand perhaps this was an elaborate invention of Wyberd and his witnesses – or Maude Gyll and her parents had for some reason soured on John Austen for a while, arranged another marriage, but then for some reason decided to go back to the original plan in the autumn of 1491.
LMA, MS DL/C/A/001/MS09065, fols. 3v-5v, 249v-251r
Deposition of John Wyberd, Witness for Plaintiff Laurence Wyberd, 17 Nov. 1491
17 November, AD etc. [14]91, by Master John Millet […] in his dwelling-house, in my, Richard Woode’s, presence.
John Wyberd of the parish of North Weald [Epping, Essex], London diocese, where he has lived for twenty-five years, illiterate, of free condition, sixty-eight years old, as he says. Inducted as a witness, etc., he says that he has known Laurence Wyberd, this witness’s son, from the time of his birth, and Maude Gyll for six years. To the first article, he says that its contents are true. To the second and third articles, he says that on the Monday or Tuesday of last Pentecost week [23 or 24 May 1491], this witness was present at his dwelling-house at Canes [a manor at North Weald], together with John Gyll, Alice Gyll, parents of the said Maude, John Cokkis, his wife, Alice this witness’s wife, Thomas Wyberd, and many others, when and where Maude said that she would have no other man as her husband before Laurence. And on the last feast of Michaelmas [29 Sept.] she wanted to be married, inasmuch as Maude urged this witness to procure the solemnization of marriage between Laurence and Maude as quickly as he suitably could, and at her request this witness prepared nuptial clothing for the said feast for them. And he says that on a certain day in Christmas week last year, he was in the dwelling-house of John Gyll, Maude’s father, in the parish of St. Peter the Poor in the city of London, before Robert Hudson, Thomas Wyberd, the said John Gyll, Alice his wife, and the contracting parties, and this witness said these words in English or others similar in effect, “Laurence, mayst thou find in thy heart to have Maude here to thy wife,” and he answered yes. And immediately this witness said to Maude, “Maude, may ye find in your heart to take Laurence here to your husband, all others to forsake and only to him hold.” She responded yes, “with my father’s leave and my mother’s,” and John Gyll and Alice Gyll, Maude’s parents, said, “thou shalt have good leave thereto and God’s blessing and ours.” Holding hands, they kissed one another, and they drank and talked and they were happy there as it appeared to this witness. To the fourth article, he says that Laurence gave to Maude at the time of this contract a pair of red gloves, that is of cheverel [kid leather], and also four yards of white wool cloth, and he also gave or conveyed to her other gifts since the time of the contract. To the fifth and sixth, he says that what he said above is true, public, notorious, manifest, and famous, and confessed by Maude herself, and public voice and fame circulated and circulated concerning it since long before this suit was moved, both in the city of London and in the parishes of North Weald and Epping.
Deposition of Robert Hudson, Witness for Plaintiff Laurence Wyberd, 17 Nov. 1491
Robert Hudson of the parish of St. Botolph without Aldgate, city of London, where he has lived for forty years, literate, of free condition, almost sixty years old, as he says. Inducted as a witness etc., he says that he has known Laurence Wyberd for twelve years, and Maude Gyll since the day about which he will depose below. To the first article, he says that its contents are true. To the second and third articles, he says that on a certain day during last Christmas week, in the dwelling-house of John Gyll, Maude’s father, in the presence of the said John, Alice his wife, John Wyberd, Thomas Wyberd, this witness, and the contracting parties, John Gyll said to Laurence, “Laurence, mayst thou find in thy heart to have Maude, my daughter here, to thy wife,” and Laurence replied, “yea, by the faith of my body.” And likewise John said to Maude, “Maude, mayst thou find in thy heart to have Laurence here to thy husband,” and she said, “Yea, by the faith of my body, and praying you to have your blessing and my mother’s.” And then, clasping and unclasping their hands, they kissed one another. Immediately afterwards, John Wyberd said the same words, or others similar, to the contracting parties. And afterwards they drank, and as it appeared to this witness they were at that time happy about the contract and held the contract as ratified. To the fourth article, he says that Laurence, at the time of the making of this contract, gave Maude a pair of gloves of red cheverel. And otherwise he has nothing to depose about its contents. But he says that John Wyberd, Laurence’s father, brought to John Gyll a piece of cloth to make wedding clothes for Maude. To the fifth and sixth articles, he says that what he said above is true and that public voice and fame circulated and circulate concerning it in the parish of St. Botulph and in the town of Epping and other neighbouring towns and places, which fame came from Maude’s own recognition and confession.
Deposition of Thomas Wyberd, Witness for Plaintiff Laurence Wyberd, 17 Nov. 1491
Thomas Wyberd of Epping Heath [Essex], London diocese, where he has lived for six years, illiterate, of free condition, twenty-seven years old as he says. Inducted as a witness etc., he says that he has known Laurence Wyberd his brother for twenty years, and Maude Gyll for six years. To the first article, he says that its contents are true. To the second article, he says that on the day and at the dwelling house of John Gyll, about which the first witness deposed, this witness was present when John Gyll, Maude’s father, said to Laurence and Maude these words or others similar in effect, “Laurence, may you find in your heart to have my daughter Maude to your wife,” and he replied, “Yea, by my faith.” And John likewise said to Maude, “Maude, mayst thou find in thy heart to have Laurence here to thy husband,” and she responded, “Yea, by my faith.” And as for the day, place, and persons present at the time of the contract, he agrees with the witnesses examined above. To the third, he says that Maude, both in the city of London and in the towns of Weald and Epping and other neighbouring places, before a certain man named Gregos and William Kemp of Epping and other persons, confessed and recognized that she and Laurence had contracted marriage together. To the fourth article, he says that Laurence gave Maude a pair of gloves of cheverel, and that this witness’s father gave Maude a piece of white woolen cloth to make Maude clothing, in English a kirtle.[1] And as to this article, he has nothing to depose. To the fifth and sixth articles, he says that each and every thing he said above was and is true, and that it was frequently recognized by Maude, and that public voice and fame circulated and circulates concerning it in the towns of Weald and Epping and neighbouring places. Questioned further, this witness says that he is corrupted or instructed neither by entreaty nor by money, nor does he favour one party more than the other, nor does he care about the victory as long as justice is done.
Deposition of Thomas Wilby, Witness for Plaintiff John Austen, 21 Nov. [1491]
The examination of the underwritten witnesses was done.
Thomas Wilby of the parish of St. Benet Fink, where he has lived for three years and was born in the parish of St. Bartholomew the Less, twenty-nine years old, of free condition, as he says. Inducted as a witness etc. on the libel etc., first on [his knowledge] of the people, he says that he has known John Austen for two and a half years and Maude Gyll for seven years and more. To the first part of the said libel, he says that its contents are true. To the second part of the libel, he says that on a certain day around the feast of the nativity of St. John the Evangelist [the feast of St John before the Lateran Gate, 6 May] last […], between the feast of Easter and that feast, which day he cannot otherwise specify, this witness was asked by John and Maude to come to Maude’s father’s house to understand what kind of act of marriage would be there. And in the presence of this witness, and in the aforesaid house, in the presence of Robert Austen, they admitted that they had contracted, […] contracted by words in the present tense. And immediately they contracted again by the following words: “I Maude Gyll take thee John Austen to my wedded husband, and I plight thee my troth.” And the unclasped their hands and similarly John, taking her by the hand, said to Maude, “Here I John take thee Maude to my wife, and thereto I plight thee my troth,” and they unclasped their hands. This witness testifies to these things from his own sight and hearing. To the third article of the libel, he says that its contents are true and he says that he knows this from his own hearing and knowledge. To the fourth article, he says that Maude gave John a pair of gloves in the name of marriage, and he gratefully received them as it appeared to this witness. And he knows nothing to depose concerning its other 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 circulates regarding it in the parish of St. Benet Fink and other neighbouring places. Questioned by the [Official], he says that he is not corrupt, nor does he favour one party more than the other. Nor does he care about the victory as long as justice is done.
Deposition of Robert Austen, Witness for Plaintiff John Austen, 21 Nov. [1491]
Robert Austen of the parish of St. Benet Fink, where he has lived for almost two years, and before that time in Shoreditch [Middlesex], thirty-two years old, of free condition as he says. Inducted as a witness, etc., he says that he has known John Austen for twenty years and Maude Gyll for two years. To the first article, he says that its contents are true. To the second [article] he says that on the feast of Christmas a year ago, in the afternoon, this witness was in the house of Maude’s father when John Gyll, Maude’s brother, asked John Austen whether he would have Maude as his wife, and he said, “Let me hear her speak first, and then I will tell you my thoughts,” and then Maude said to John the following words in English, “I may find in my heart to have him.” And then John Austen put his hand in Maude’s hand, saying in English, “I John take thee Maude to my wife, and thereto I plight thee my troth.” And similarly Maude said to John, “I Maude take [thee] John to my husband and thereto I plight thee my troth.” There were present then John Gyll, Richard Austen, and Robert Wise. And he says that on the feast of St. Mark [25 April] last past in the [home] of Maude’s father, in the presence of this witness and Thomas Wilby, the said Maude and John Austen contracted marriage together again, by the words about which the said Thomas Wilby deposed above, with whom this witness agrees regarding this. To the third article, he admits its contents. To the fourth article, he says that John Austen gave Maude a gilt ring in the name of marriage, and she gratefully received it in the name of marriage, and whether Maude gave John any goods he does not know. 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 circulates concerning it in the parish of St. Benet Fink and in Shoreditch and other neighbouring places. The witness, questioned by the official, says that he was not instructed, nor corrupted by entreaty or money, nor does he care who has victory as long as justice is done.
Testimony of Maude Gyll, Defendant, 21 Nov. [1491]
Note: These examinations were evidently made on the same day, but are recorded on different folios (249v and 251r); the first was a response to John Austen’s claims, the second to Laurence Wyberd’s. The first is scored through, but possibly simply because it was recorded in the wrong place.
Responses personally made by Maude Gyll, 21 November, before Master Millett in his dwelling house.
Maude Gyll, examined on the positions etc. To the first position, she says that its contents are true. To the second position, she admits that she contracted with John Austen around the feast of Christmas coming up on two years go, which day she can otherwise specify, in her father’s house, by words in the present tense expressing their mutual consent. To the third position, she admits its contents. To the fourth position, she says that John Austen gave Maude Gyll a gilt ring and Maude gave John a gilt ring, on occasion of the marriage. To the fifth position, she admits its contents. To the sixth position, she says that all the things she said above are true, and that public voice and fame circulated and circulates regarding them in the parish of St. Benet and other neighbouring places.
Responses made personally by Maude Gyll on the positions ministered by Wyberd. To the first and second positions, she denies their contents. To the third position, she denies its contents. To the fourth position, she says that John Wyberd gave Maude a pair of gloves, but Maude did not receive them in the name of marriage, and she says that she never gave him any gifts. To the fifth position, she denies its contents. To the sixth [position], she says that what she testified above is true and she knows nothing to depose concerning fame.
Deposition of Alice Gyll, 3 Dec. 1491
Further on behalf of Wyberd c. Maude Gyll
3 December, A.D. etc. [14]91, by Master Millet in his dwelling-house, in my, Richard Woode’s, presence.
Alice Gyll, natural mother* of Maude Gyll, of the parish of St. Benet Fink of the city of London, where she has lived for five years, of free condition, fifty years old or thereabouts. Inducted as a witness etc., she says that she has known Laurence Wyberd for three years or thereabouts. To the first, second, third, and fourth articles, she says that she has nothing to depose about their contents, except that Laurence gave Maude a pair of gloves, as she heard from Maude, not for the sake of or on the occasion of marriage. To the fifth and sixth articles, she says that she knows nothing to depose concerning their contents. Questioned further, this witness says that she would confer victory on him who has the right. And she says that if it were in her power to confer victory, she would confer it rather on John Austen than on the aforesaid Laurence, because she says that the right is more suited to John Austen in this matter and not to Laurence. And she says that she testifies to this not out of malice that she has towards Laurence, nor out of love that she has for John Austen.
Deposition of John Gyll, 3 Dec. 1491
John Gyll, natural father* of Maude, of the parish of St. Benet Fink aforesaid, where he has lived for five years, illiterate, of free condition, fifty years old and more, as he says. Inducted as a witness etc., he says that [he has known] Laurence [does not continue on to next folio.]
*The expressions “natural mother/father” indicate that they are her biological parents rather than that she is a stepchild – not that she was born out of wedlock.
Consistory 