Richard Brooke v. Adam Milforde, court of king’s bench, 1607

[the case Richard Brooke v. Adam Milforde now continues]

Devon. Memorandum that formerly, scilt., in the term of St. Hilary last past before the lord king at Westminster came Richard Brooke by Francis Martyn his attorney and proffered here in the court of the said lord king then there his certain bill against Adam Milforde in the custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges for prosecution, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[there was a colloquium between Richard Brooke and Adam Milforde about a marriage between Richard Brooke and Jane Milford the natural sister of Adam]

Devon. Richard Brooke complains of Adam Milforde in the custody of the marshal of the marshalsea of the lord king being before the king himself for this, viz., that, whereas a certain colloquium was had and moved between the same Richard and the aforementioned Adam for and concerning a certain marriage to be had and solemnized between the same Richard and a certain Jane Milford the natural sister of the abovesaid Adam,

[in which colloquium Richard Brooke promised Adam Milforde 5 pounds]

the abovesaid Adam on February 2 in the third year of the reign of the Lord James now king of England at Exbourne in the abovesaid county, in consideration that the same Richard at the special instance and request of the abovesaid Adam would take as his wife the abovesaid Jane, undertook on himself and faithfully promised then and there to the aforementioned Richard that he the same Adam would give and pay to the same Richard 5 pounds of the lawful money of England when he should be asked,

[Adam Milforde, relying on that promise, married Jane five weeks thereafter]

and the same Richard in fact says that he, relying on the promise and undertaking abovesaid, afterwards, scilt., on March 6 in the fourth year of the reign of said lord king now, at Exbourne abovesaid took as his wife the abovesaid Jane,

[but Adam did not pay, so that Richard is worse off]

nevertheless, the abovesaid Adam, not at all caring for his abovesaid promise and undertaking but scheming and fraudulently intending hotly and craftily in this part to deceive and defraud that Richard, has still not paid the 5 pounds to the aforementioned Richard according to his promise and undertaking nor otherwise contented him for the same although the same Adam afterwards, scilt., on January 20 in the fourth year of the reign of the said lord king now abovesaid at Exbourne abovesaid was often asked to do this, but he completely refused and still refuses to pay them or to content him, wherefore the same Richard says that he is worse off and has damages to the value of 20 pounds, and thereof he produces suit etc.

[Adam Milforde denies that he undertook in the mode and form alleged; a jury is summoned; no verdict is recorded]

And now at this day, scilt., Friday next after the morrow of Holy Trinity this same term until which day the abovesaid Adam had licence to emparl to this bill and then to answer etc., before the lord king at Westminster come both the abovesaid Richard by his abovesaid attorney and the abovesaid Adam by William Tonge his attorney, and the same Adam defends force and injury when etc., and he says that he did not undertake on himself in the mode and form abovesaid as Richard above complains against him thereof, and of this he puts himself on the countryside. And the abovesaid Richard similarly etc. Therefore, let come thereof a jury before the lord king at Westminster on Tuesday next after the third week of Holy Trinity, and who neither etc., to recognize etc., because both etc. The same day is given to the abovesaid parties there etc.