Chancery Depositions (PRO C3/258/40 Jn Besouthe of Great Tey v Rich Underwood of Great Tey)

6.5.1598 (Saturday 6 May 1598)

document 15700005

complaint of Jn Besouthe Much Tey labourer that whereas he together with Rich Underwood of Much Tey as sureties for Jn Merrill of Much Tey for his only debt did about st john.38Eliz1 become bound to Jn Lawrence of Coggeshall Essex in a bond of 30li for the payment of 15li3s unto Jn Merrill on candlemas next following whereupon Jn Merrill for his surety and Rich Underwoods did grant them certain corn which Jn had then growing in Much Tey and afterwards Rich Underwood and your orator did grant and assign the corn and their interest in it to Rich Merrill of Much Tey in consideration that Rich Merrill together with Hen Leyes became bound to him Besouthe in a bond of 40li to pay him 15li3s on 20.1.39Eliz1 whereupon it was agreed between Rich Underwood and him that Besouthe would be bound to Rich in a bond of 100li with condition that Besouthe should pay the 15li3s to Jn Lawrence at a certain day which was two or three days before candlemas next and also that Besouthe should then deliver to Rich Underwood the bond wherein the two of them were bound to Jn Lawrence as before he has shown cancelled and declared whereupon Besouthe became bound to Rich Underwood accordingly and he paid afterwards the 15li3s to Jn Lawrence in manner and at such time as he was bound to Rich Underwood to pay but he could not then obtain of Jn Lawrence the bond wherein Rich Underwood and he were bound to Jn Lawrence and therefore he could not that day deliver the bond to Rich Underwood as he was bound to do but within a short time after he obtained the bond of Jn Lawrence then he forthwith offered the same to Rich Underwood so it right and honourable that the said Rich Underwood notwithstanding that the orator had always been and now is ready to deliver the bond to Rich Underwood and notwithstanding also that Rich Underwood has no ways been damnified nor no not the value of one penny but not having the said bond delivered unto him at the very day yet he Rich Underwood of a greedy and unconscionable mind seeking to enrich himself by the utter undoing of the poor orator has contrary to all equity and good conscience commenced suit against him upon the bond of 100li in the court of common pleas and still does prosecute the same in consideration whereof forasmuch as the orator has no sufficient matter to plead in bar of the said action by course of the common laws may it please his lordship to grant subpoena to be directed to Rich Underwood etc