Thomas Belcher and Elizabeth his wife v. Edward Hudson, court of king’s bench, 1607
Warwickshire. Memorandum that formerly, scilt., in Easter term last past before the lord king at Westminster came Thomas Belcher and Elizabeth his wife by John Boldero his attorney and proffered here in the court of the said lord king then there his certain bill against Edward Hudson in custody of the Marshalsea etc., concerning a plea of trespass on the case; there are pledges of prosecution, scilt., John Doo and Richard Roo. Which certain bill follows in these words:
[Plaintiffs’ case]
Warwickshire. Thomas Belcher and Elizabeth his wife complain concerning Edward Hudson in custody of the marshal of the Marshalsea of the lord king being before the king himself for this, viz., that,
[Edward Hudson had a colloquium with Elizabeth concerning a marriage between her and Edward’s friend, Thomas Mason]
whereas the abovesaid Edward on November 9 in the 30th year of the reign of the Lady Elizabeth (1588) late queen of England at Allesley in the abovesaid county had a colloquium with a certain Elizabeth while she was single so that the same Elizabeth would marry and take as her husband a certain Thomas Mason being a familiar friend of that Edward (as he asserted)
[Hudson promised, to secure the marriage, to pay Elizabeth annually 40 shillings after Mason died]
and further the abovesaid Edward afterwards, scilt., on the same day and year, at Allesley abovesaid in the county abovesaid in consideration that the same Elizabeth at the instance and special request of the abovesaid Edward Hudson would marry the aforementioned Thomas Mason and take him as husband undertook on himself and then and there faithfully promised the same Elizabeth while she was single that he the same Edward annually after the death of the abovesaid Thomas Mason wanted to pay and content 40 shillings of legal English money to the same Elizabeth for the maintenance of that Elizabeth,
[relying on the promise, Elizabeth married Mason, and Mason died five years later]
and the same Thomas Belcher and Elizabeth in fact say that she the same Elizabeth, faithfully relying on the promise and undertaking abovesaid of the the abovesaid Edward, afterwards, scilt., on November 10 in the 30th year abovesaid (1588) at Allesley abovesaid in the abovesaid county married the abovesaid Thomas Mason according to the ecclesiastical laws of this realm of England and took him as her husband, and further the same Thomas Belcher and Elizabeth say that the abovesaid Thomas Mason after the espousals celebrated between those Thomas Mason and Elizabeth, scilt., on March 28 in the first year of the reign of the Lord James now king of England (1603) at Allesley abovesaid in the abovesaid county died,
[but Hudson did not thereafter pay the 40 shillings annually to Elizabeth, before or after her subsequent marriage to Thomas Belcher]
nevertheless the abovesaid Edward, not ignorant of the premises but scheming and intending hotly and deceitfully to deceive and defraud the same Elizabeth after the death of the aforementioned Thomas Mason while she was single and the same Thomas Belcher and Elizabeth after the espousals celebrated between them did not pay the 40 shillings to the same Elizabeth annually after the death of that Thomas Mason while she was single or to the same Thomas and Elizabeth after the espousals celebrated between them or to either of them according to his promise and undertaking abovesaid still to this time nor to this time satisfied in any way therefor the same Thomas Belcher and Elizabeth or either of them although the same Edward was required to this by the same Elizabeth after the death of that Thomas Mason while she was single, scilt., on March 28 in the second year of the reign of the said now lord king (1604) at Allesley abovesaid in the county abovesaid, and although the same Edward similarly was required to this by the same Thomas Belcher and Elizabeth after the espousals celebrated between them, scilt., on March 28 in the third year of the reign of said now Lord King (1605) at Allesley abovesaid in the county abovesaid, wherefore the same Thomas Belcher and Elizabeth says that they are worse off and have damages to the value of £40, and thereof produce suit etc.
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[Defendant’s not guilty plea, joinder of issue, and jury summons]
And now at this day, scilt., the Friday next after the octaves of St. Michael in that same term until which day the abovesaid Edward had license to emparl at the abovesaid bill and then to respond etc., before the lord king at Westminster come both the abovesaid Thomas Belcher and Elizabeth by their attorney abovesaid and the abovesaid Edward by Richard Worley his attorney. And the same Edward defends force and injury when etc., and says that he did not undertake on himself in the manner and form as the abovesaid Thomas and Elizabeth above counted against him. And of this he puts himself on the countryside. And the abovesaid Thomas and Elizabeth similarly etc. Therefore let come thereof a jury before the lord king at Westminster on Saturday next after the morrow of the Purification of the Blessed Mary and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid there etc.