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Chancery Depositions (PRO C8/85/210 Jn Burton v Sam Burton)

29.11.1629 (Sunday 29 November 1629)

document 16500112

Jn Burton of Earls Colne gentleman shows that on 3.2.15Jas1 he and Sam Burton as surety for him Jn became bound to Robt Carter by one obligation of 100marks or so with condition of paying 45li to Robt Carter on 10.11.1618 next and whereas Jn Burton for the indemnity of his brother on 3.2.15Jas1 became bound to him for 200marks an absolute condition for payment of the 45li to Carter on the 10.11.1618 the next following which sum was not paid to Robt Carter according to the condition shortly afterwards Sam Burton informed Jn that he had been arrested for the debt and not long after Jn Burton went to Carter and paid the debt plus considerations and the bond was given him and he went to his brother Sam and asked him to give him an account of the money disbursed by him on his arrest and said he would pay him this and would then expect the delivery of the counter bond after talking for some time they agreed and Sam Burton promised that on the payment of the money he had disbursed on his arrest he would deliver to Jn the counter bond but in spite of asking in friendly manner that Sam do this Sam not only refuses to give an account of the money spent on his arrest and take this sum from Jn but also impeded Jn at common law on the counter bond of 200marks and intends to recover the whole penalty though he is in no way indemnified thereby Jn Burton did not pay the 45li on the day it should have been so has no redress at common law but asks for a subpoena against Sam Burton