William Wilson v. John Bingley, court of common pleas, 1607

CP40no1780fronts/IMG_1593.htm

[John Bingley’s promise to pay William Wilson 40 shillings annually for 10 years if William married John’s daughter Agnes]

Yorkshire. John Bingley lately of Nether Sitlington in the abovesaid county yeoman was attached to answer William Wilson concerning a plea, why, whereas the abovesaid John on May 31 in the 42^nd year of the reign of the Lady Elizabeth late queen of England at York Castle, in consideration that the same William at the special instance and request of the abovesaid John would espouse and take as his wife a certain Agnes Bingley daughter of the abovesaid John, undertook on himself and then and there faithfully promised that he the abovesaid John wanted well and faithfully to pay and content to the same William 40 shillings of the legal money of England annually for 10 years next following after the espousals celebrated between the same William and the aforementioned Agnes,

[William married Agnes]

and although the same William, relying on the abovesaid John’s promise and undertaking, afterwards, scilt., on June 17 in the abovesaid 42^nd year of the reign of the said late Queen Elizabeth [1600] at York Castle abovesaid married and took as his wife the aforementioned Agnes according to the rights and ecclesiastical laws of this realm of England,

[but John has not paid for 5 years]

and although also £10 for the 5 whole years after the espousals were celebrated between the same William and the aforementioned Agnes in the abovesaid form before the day of the purchase of the same William’s original writ were arrear to the same William and still are unpaid, nevertheless, John, not caring at all for his promise and undertaking but scheming and fraudulently intending in this part hotly and deceitfully to deceive and defraud the same William, although often required did not pay the abovesaid £10 being arrear thus set out as above to the same William according to his promise and undertaking but has refused to pay them until now and still refuses, to the damages of the same William of £20 etc.

[count retailing again the above]

And whereof the same William by Francis Shan his attorney complains that, whereas the abovesaid John on May 30 in the 42^nd year of the reign of Lady Elizabeth late queen of England at York Castle, in consideration that the same William at the special instance and request of the abovesaid John would espouse and take as his wife a certain Agnes Bingley daughter of the abovesaid John, undertook on himself and then and there faithfully promised the same William that he the abovesaid John wanted to pay and content the same William 40 shillings of the legal money of England annually for the 10 years next following after the espousals celebrated between William and the aforementioned Agnes, and although the same William, relying on the promise and undertaking of the abovesaid John, afterwards, scilt., on June 17 in the abovesaid 42^nd year of the reign of the said late Queen Elizabeth at York Castle abovesaid according to the rights and ecclesiastical laws of this realm of England espoused and took as his wife the aforementioned Agnes, and although also £10 for the 5 whole years afte the espousals were celebrated between the same William and the aforementioned Agnes in the abovesaid form were arrears and still are unpaid, nevertheless the abovesaid John, not at all caring for his promise and undertaking but scheming and fraudulently intending in this part hotly and deceitfully to deceive and defraud the same William although he was often required did not pay the abovesaid £10 being arrear for the abovesaid five years but refused to pay them up to this time and still refuses, to the damage of the same William of £20, and thereof he produces suit etc.

[John’s general denial and the jury summons]

And the abovesaid John by Christopher Nailer his attorney comes and defends force and injury when etc. And he says the he did not undertake on himself in manner and form as the abovesaid William by his abovesaid writ and narration above supposes, and of this he puts himself on the countryside. And the abovesaid William similarly. Therefore it is ordered to the sheriff that he make to come here at the third week of Holy Trinity 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc.