Kings Bench
National Archives File KB122/182
Also of the term of St Hillary witness Sir William LEE knight
Hampshire to wit Elizabeth BUDD widow Executrix of the last Will and Testament of John BUDD deceased puts in her place John HITCHES her attorney against Henry READ Gentleman of a plea of Trespass on the Case.
Hampshire to wit Henry READ Gentleman puts in his place George ANDERSON his attorney at the suit of Elizabeth BUDD widow Executrix of the last Will and Testament of John BUDD deceased of the plea aforesaid.
Hampshire to wit Be it remembered that heretofore that is to say in the term of Saint Nicholas last past before our Lord the King at Westminster came Elizabeth BUDD widow Executrix of the last Will and Testament of John BUDD deceased by John HITCHES her attorney and brought into Court of our said Lord the King then there her Bill against Henry READ gentleman being in custody of the Marshall of the Marshallsea of our Lord the King before the King himself of a plea of trespass on the case and there are pledges to prosecute to wit John Doe and Richard Roe which said Bill follws in these words to wit
Elizabeth BUDD widow Executrix of the last Will and Testament of John BUDD deceased complains of Henry READ gentleman being in custody of the Marshall of the Marshallsea of our Lord the King before the King himself for that whereas the said Henry on the eighteenth day of January in the year of our Lord one thousand seven hundred and thirty eight [1738] at Alton in the County aforesaid was indebted to the said John in his life time in fifty pounds of lawful money of Great Britain for money by the said John before that time lent and advanced to the said Henry and at his special instance and request. And being so indebted the said Henry in consideration thereof afterwards to wit on the same day and year aforesaid at Alton aforesaid in the County aforesaid undertook and then and there faithfully promised the said John in his life time to pay him the said sum of money when he should be thereto afterwards requested. And whereas the said Henry afterwards to wit on the same day and year aforesaid at Alton aforesaid in the County aforesaid was indebted unto the said John in his life time in other fifty pounds of like lawful money for money before that time had and received by he said Henry to the use of the said John and being so indebted he the said Henry in consideration thereof afterwards to wit the same day and year at Alton aforesaid in the County aforesaid undertook and then and there faithfully promised the said John in his life time to pay him the said sum of money last mentioned when he should be thereunto afterwards requested.
Yet the said Henry not regarding his said several promises and undertakings but contriving and fraudulently intending craftily and subtlety to deceive and defraud the said John in his life time and the said Elizabeth after his death hath not yet paid the said several sums of money or any part thereof either to the said John in his life time or to the said Elizabeth since his death (although to do this the said Henry often afterwards by the said John in his life time and by the said Elizabeth after the death of the said John to wit the first day of October in the year of our Lord one thousand seven hundred and forty [1740] and often afterwards at Alton aforesaid in the County aforesaid was requested) but he to pay the same to them or either of them hath hitherto wholly refused and to pay the same to the said Elizabeth still doth refuses
To the said Elizabeth her damage of sixty five pounds and therefore she brings her suit. And she brings here unto the court the letters testamentary of the said John by which it plainly appears to the Court here that the said Elizabeth is Executrix of the said last Will and hath the Administration thereof.
And now at this day that is to say on Friday next after eight days if Saint Hillary in this term until which day the said Henry had leave to impart to the Bill aforesaid and then to answer the same before our Sovereign Lord the King at Westminster come as well the said Elizabeth by her Attorney aforesaid as the said Henry by George ANDERSON his attorney. And the said Henry defends the force and injury when. And says that he cannot deny the said action of the said Elizabeth nor but that he the said Henry did undertake and promise in manner and form as she the said Elizabeth hath above complained against him nor but that she the said Elizabeth ought to recover her damages sustained on occasion of the not performing of the several promises and undertakings aforesaid against him. And as to the damages which the said Elizabeth hath sustained in this particular he the said Henry saith alleges avers and confesses that the said Elizabeth hath sustained damages on occasion of the not performing the said several promises and undertakings besides her costs and charges laid out by the about her suit in this cause to fifty pounds and no more and for as much as the said Elizabeth cannot deny the said allegation of the said Henry but admits the same to be true she the said Elizabeth prays Judgement and her said damages in form aforesaid acknowledged together with her costs and charges laid out by her about her suit in this behalf to be adjudged to her therefore it is considered that the said Elizabeth recover against the said Henry her said damages above in form aforesaid confessed to fifty pounds also five pounds and ten shillings awarded to the said Elizabeth after request by the said Court for her expenditure and costs laid out by her about her suit in this behalf which said damages amount in the whole to fifty five pounds and ten shillings and the said money is ?.
[Margin Note]
Judgement signed 18th February 1740.
Roll 252
[Editor’s note: May relate to John BUDD buried 26th May 1740 West Tisted, Hampshire. A record of probate is held at Hampshire Record Office as follows
| 1740A/025 | Will of John Budd of West Tisted, Hampshire, yeoman |