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Court of Requests (PRO REQ2/403/15 Jn Brewer v Thos Prior and Xoph Isack)

19.11.6Jas1 (Saturday 19 November 1608)

document 19700250

(this document which is rather torn has been tied up with the previous one although it appears not to be connected) the complaint of Jn Brewer of Earls Colne glover whereas upon (torn) your said subject against Thos Prior and Xoph Isack 24.11.1607 it pleased your majesty that sir Hen Maxey knight (torn) Chatborne and Hen Gent esq or any two of them with the assistance of two others of mete quality to be named by the advise parties if they please (torn) both parties with their processes before them after due examination of the cause of the same depend not in suit of law nor have been formerly ordered thereby (torn) and end the differences between them according to justice and equity if they could or otherwise to certify their proceedings and opinions whereas according to his majesty's commandment the said Hen Maxey knight and Hen Gent esq taking upon them the execution of his majesty's commandment did by their warrant under their hands and seals bearing date 12.1.1608 in upon 19.1.next following called (torn) then as well the parties as their witnesses and on due examination of the causes and suit did find Xoph indebted to (torn) in the sum of 16li and upwards which sum sir Hen Maxey knight and Hen Gent esq ordered should be paid to the said complainant and so were about to certify to his majesty whereupon the defendant finding that sir Hen Maxey and Hen (torn) would certify against the defendant treated with the complainant that stay must be made of the certificate and in and on the 10.4.next following treated with the complainant that an end of all controversies between them might be had notwithstanding the said Xoph Isack (torn) by the order of sir Hen Maxey and Hen Gent to pay to the complainant 16li as aforesaid yet at the entreaty of Xoph Isack and for that the complainant was willing to bide his peace though it were with very hard terms was consented to take what Xoph himself would freely offer thereupon the complainant and Xoph Isack to the end that a final end of all controversies between them and satisfaction of the demand of the complainant might be had and agreed the said Xoph Isack offered and was contented to pay to Jn Brewer the sum of 10li and to deliver to Jn Brewer all such bills bonds and specialties as he had of Brewer's which offer the complainant accepted and Isack in the performance of the agreement did presently pay to the complainant 10s of the sum of 10li and promise to pay him 30s more of the sum of 10li on sunday 8.5.last and 3li more on midsummer day 24.6.last past and 5li more at michaelmas.last in full payment of the sum of 10li and to deliver to Jn Brewer all his bills bonds and specialties upon sunday being 17.4.last now so it may please your majesty notwithstanding the agreement in which the complainant was content to remit Isack a great part of his due debt and take it at easy payments as aforesaid and that Hen Maxey knight Hen Gent esq at the insistence of Isack have ever stayed their certificate as aforesaid yet Isack of malice and set purpose to defraud your poor subject of his due debts and to drive him to suits of law for his money has never since the payment of the 10li paid to him any of the residue of the 1li neither has delivered to him any of his bonds bills or writings according to the agreement and as he is destitute of means by ordinary course of common law for recovery of the debt having no witnesses to prove the agreement if he is not relieved by his majesty (torn) if the defendant is called upon his corporal oath and will confess the agreement asks for a writ of privy seal for Xoph Isacke to appear etc