testimony of William Byrd
|#16: Thomas Lak c.  Ann Munden  - Witness for Plaintiff, 1487-05-04|
|source||London Metropolitan Archives, MS DL/C/A/001/MS09065, 17rv|
|summary||Testifies that he was present both on 5 January 1482, when Ann Munden and Thomas Lak contracted marriage, and three weeks later when, at the third reading of the banns between Munden and Lak, Richard Bulle objected to them. Testifies that on 2 February 1482, he was present in the chapel of the Holy Trinity when Munden and Bulle solemnized marriage, with no banns having previously been read. Munden and Bulle lived in the parish of Ware as husband and wife for two years.|
|subjects||Domestic contract Reclamation against banns Banns|
|placenames||Hertfordshire - Hertford Hertfordshire - Ware|
|remarks||This case refers to an obscure monastic order, the Trinitarian order of friars or more formally the Order of the Holy Trinity and the Redemption of Captives, and their habit was white. Little is known of the state of the Trinitarian chapel in Hertford at this time, but this indicates that there was at least one friar there. VCH Hertfordshire, 4:452-53, at British History Online; Knowles and Hadcock, Medieval Religious Houses, England and Wales, 205-6.|
|english translation||latin text|
|4 May in the house of the Lord Official, by him, in my, Spencer`s, presence, in the afternoon|
On behalf of Thomas Lak c. Ann Munden
William Byrd of Ware, in the diocese of London, where he has lived for thirty years, illiterate, of free condition, fifty-six years old, as he says. Inducted as a witness etc., he says he has known Thomas Lak for sixteen years and Ann Munden for forty years and more. To the first and second articles, he says that on the eve of the feast of the Epiphany of the Lord five years ago, this witness was present in his own dwelling-house in the aforesaid Ware, that is in a certain lower parlor of that house, together with Thomas Lak, Ann Munden, Richard Smyth, and M[aster?] Brawghing, whose forename he does not know, and none others. Then and there, after discussion between them about contracting marriage, Thomas took Ann by the right hand and said to her thus, "Ann, if ye be as clear a woman as I am a man, I take you to my wife, and thereto I plight you my troth." Ann responded to him immediately, "If ye be as clear a man as I am a woman, I take you to my husband and thereto I plight you my troth." They unclasped their hands and kissed each other. Afterwards, marriage banns between them were issued three times in the church of Ware. On the third reading, a certain Richard Bulle cried out against the issue of such banns. This witness deposes these things from his own sight and hearing, as he says. To the third article, he says that it contains in it the truth from his own knowledge. To the fourth article, he says that after the contract, that is on a certain day four or five days before the feast of the Purification of the blessed Virgin Mary  five years ago, the witness was present in the chapel of the Holy Trinity near the village of Hertford, where and when a White Friar of the order of the Redemption of Captives solemnized matrimony between Richard Bulle and Ann, no banns being read between them beforehand in their parish church as far as this witness knew or heard. There were present there together with the witness William Brond, the contracting couple, Thomas Fox, a certain man named Spinke, and another named Turtyll, together with others. The witness was present there at the solemnization of marriage out of fear of Richard Bulle`s master, who was at that time bailiff of Ware. And he says that after the aforesaid solemnization, Richard and Ann cohabited in the parish of Ware as man and wife for two years or thereabouts, as he says. To the fifth article, he says that the things he said above are true, and public voice and fame circulated and circulate concerning them in the town of Ware and other neighbouring places.
|iiiito Maii in domo domini officialis per eundem in presencia mei Spencer post meridiem|
Ex parte Thome Lak contra Annam Munden
Willelmus Byrd de Ware London diocesis ubi moram traxit per xxxta annos, illiteratus, libere condicionis, lvi annorum etatis ut dicit. Testis et cetera, dicit quod Thomam Lak per xvi annos, Annam Munden per xl annos et amplius bene novit ut dicit. Ad primum et secundum articulos, dicit quod in vigilia Epiphanie domini ultima preterita ad quinque annos elapsos, presens fuit iste juratus in domo habitacionis istius jurati in Ware predicta situata, videlicet in quadam bassa parlura eiusdem domus, una cum dictis Thoma Lak, Anna Munden, Ricardo Smyth, M[agistro?] Brawghing, cuius nomen nescit exprimere, et non pluribus, ubi et quando post tractatum habitum inter eos de matrimonio contrahendo prefatus Thomas accepit dictam Annam per manum dexteram et dixit eidem sic, "Anne, and ye be as cler a woman as I am a man, I take you to my wif, and therto I pliȝt you my trouth." Et ipsa Anna respondet eidem incontinenter sic, "if ye be as cler a man as I am a woman, I take you to my husbond, and therto I pliȝt you my trouth." Et retraxerunt manus et osculati sunt adinvicem. Et postea banna matrimonialia in dicta ecclesia de Ware trina vice edita fuerunt inter eosdem, et tercia vice reclamavit quidam Ricardus Bull contra edicione huiusmodi bannorum. Que deponit iste juratus de visu et auditu suis propriis ut dicit. Ad tercium articulum dicit quod continet in se veritatem de sciencia sua ut dicit. Ad quartum articulum, dicit quod post dictum contractum, videlicet quodam die contingente infra quatuor vel quinque dies proximos precedentes festum purificacionis beate Marie virginis ultimum ad quinque annos elapsos, presens fuit iste juratus in capella sancte Trinitatis prope villam Hertford London diocesis, ubi et quando quidem frater albus ordinis redempcionis captivorum solemnisabat matrimonium coram eo ibidem solemniter contractum inter dictum Ricardum Bole et Annam, nulla bannorum edicione prius facta inter eosdem in eorum ecclesia parrochiali quatenus iste juratus unquam scivit vel audivit. Et presentes fuerunt ibidem una cum isto jurato Willelmus Brond, dicti contrahentes, Thomas Fox, quidam cognominatus Spynke, et alius cognominatus Turtyll, una cum aliis. Et presens fuit iste juratus in solemnisacione huiusmodi pro timore Magistri dicti Ricardi Bole qui fuit adtunc ballivus de Ware predicta [fol. 17v] et dicit quod post solemnisacionem predictam quod Ricardus et Anna cohabitaverunt in eadem parrochia de Ware ut vir et uxor per ii annos vel circiter ut dicit. Ad quintum articulum, dicit quod superius per eum dicta sunt vera et super eis in dicta villa de Ware et aliis locis convicinis laboraverunt et laborant publica vox et fama ut dicit.
| I.e. 5 Jan. (Epiphany was 6 Jan.).|
 2 Feb.
 See remarks.