Nicholas Browse v. William Drewe, court of king’s bench, 1607

Devon. Memorandum that formerly, scilt., in Hilary term last past before the lord king at Westminster came Nicholas Browse by Humfrey Turner his attorney and proffered here in the said lord king’s court then there his certain bill against William Drewe in custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges to prosecute, scilt., John Doo and Richard Roo. Which certain bill follows in these words:

Devon. Nicholas Browse complains of William Drewe in the custody of the marshal of the marshalsea of the lord king being before the lord king himself, for this, viz., that,

[a colloquium between William Drewe and Nicholas Browse about marrying Nicholas with Judith the sister of William]

whereas a certain colloquium was moved and had between the abovesaid William and the same Nicholas of and concerning a certain marriage to be had and solemnized between the same Nicholas and a certain Judith Drewe sister of the abovesaid William, the abovesaid William on the last day of September in the 30^th year of the reign of the Lady Elizabeth [1588] late queen of England at Harberton in consideration that the same Nicholas at the special instance and request of the same William would take to wife the aforementioned Judith undertook on himself and then and there faithfully promised the same Nicholas that the same William wanted to give and pay £60 of legal English money to the same Nicholas when he should be required thereof,

[they married two months later, but William failed to pay the promised £60]

and although the same Nicholas afterwards, scilt., on the last day of November in the 31^st year of the reign of the abovesaid queen [1588] at Harberton abovesaid at the special instance and request of the abovesaid William took as his wife the abovesaid Judith according to the ecclesiastical laws of this realm of England, nevertheless the abovesaid William, not at all caring for his promise and undertaking but scheming and fraudulently intending hotly to deceive and defraud the same Nicholas did not pay the same Nicholas the abovesaid £60 or any money thereof according to his abovesaid promise and undertaking although he was required to do this by the same Nicholas afterwards, scilt., on the last day of September in the 3^rd year of the reign of the now Lord James king of England, France, and Ireland and of Scotland the 39^th year [1605] at Harberton abovesaid but refused to this time to pay them to him and still refuses, to the damage of the same Nicholas of £80, and thereof he produces suit etc.

[general issue and incomplete jury summons]

And now at this day, scilt., Friday next after the octaves of St. Michael this same term until which day the abovesaid William had license to emparl to this bill and then to answer etc before the lord king at Westminster come both the abovesaid Nicholas by his abovesaid attorney and the abovesaid William by Simon Harborne jr. his attorney. And the same William defends force and injury when etc., and says that he did not undertook on himself in the manner and form as the abovesaid Nicholas above against him etc., complains. And of this he puts himself on the countryside. And the abovesaid William similarly etc. Therefore let come thereof a jury before the lord king at Westminster on the day [blank] next after [blank] and who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid there etc.