Chancery Depositions (PRO C1/951/4 Jn Banbury v Nich Bragg)
document 15100005
to the right honourable
Thos Audley
knight lord of Walden lord chancellor of England in most humble wise showeth unto your good lordship your daily orator and poor suppliant
Jn Banbury
of Earls Colne gentleman that whereas one
Nich Banbury
of Earls Colne aforesaid father unto your said orator about three years last past that is to say in the twenty first king that now is did lend unto one
Nich Bragg
of Powlys Belsham in the same county husbandman 40s to be repaid within one quarter of a year then next ensuing and also the said
Nich Banbury
covenanted to buy of the same
Nich Bragg
at the same present time sixteen quarters of malt then at the price of 5s4d a quarter the same to be delivered at Earls Colne aforesaid for the which sixteen quarters of malt the said
Nich Banbury
made payment to the said
Bragg
beforehand whereof the said
Bragg
delivered at the town aforesaid seven quarters parcel of the said sixteen quarters and the residue of the said sixteen quarters the said
Bragg
did not deliver unto the said
Banbury
though he were sundry times required thereunto and after the said
Nich Banbury
died and made your orator his executor by reason whereof title and action doth
unto your said orator so it is right honourable lord that your said orator hath divers and sundry times demanded and required the said residue of the sixteen quarters of malt and the said 40s of money which to deliver and repay the said
Bragg
hath always denied and refused and yet doth contrary to all right and good conscience and for as much honourable lord as it is well known by credible persons the same
Bragg
to be a person of evil disposition and narrow of conscience so that if your said orator should attempt an action of debt against him by process at the common law the said
Bragg
should be reckoned to wage his law for that your orator hath no receipts or writing whereby to exclude him thereof and so your orator should be barred of his debt forever against all equity and good conscience unless your good lordships favour be the rather showed in this behalf in consideration whereof the premises tenderly considered to grant the king's gracious writ of subpoena to be delivered to the said
Nich Bragg
commanding him to personally appear in this honourable court of chancery and to answer the premises