1680s : Defence brief for assizes court case about debt bond

Update on Sunday, July 4, 2010 at 5:13PM by Petra Mitchinson

1680s. DEFENCE BRIEF FOR ASSIZES COURT CASE ABOUT DEBT BOND. Bundle 2, Doc 15. 31 cm x 37 cm. Poor condition with damp staining and tears and holes along file folds. Appears to be a working document with lots of corrections. Breif pro Defendants Jon WESTMERLAND plte~ } Chr OLLIVANT & all~ Defts } pro defts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For the defendant’s John WESTMERLAND Ex~tor of the Last } Accon of will & testamt of Jo~ WESTMRLAND dec is plte } debt upon Christopher OLLIVANT & Isabell his wife } } a bond Thomas STEAPHENSON & Jane his wife } are defts } Cumberland The pl~te (as Executor of the last will & testamt of John WESTMERLAND Elder of Renwick) declared against the defendants as [Exe]cutrs of one Thomas SANDERSON late of Kellbarrow dec~ed That the said Thomas SANDERSON [in h]is life time towitt the 7th day of July An~o regni do~ni Carol[ ] Secundi uny [?] Rs Aug~ti &c 28 [at]t Penrith by his certaine writeinge obligatory became bou[ ] to the sd John WESTM~RLAND Elder in his lifetime in 21£ = 10s Condiconed for the paymt of 10£ = 15s = att or before the 6th day of July next after the date of his bond wch he the sd Thomas SANDERSON in his lifetime nor the defendants xqt [?] disponsalia inter eos celebrat licet cep~ius requissit have not paid to the sd John WESTMERLAND Sen~ in his lifetime nor to the pl~te since his death And this the pl~te lyes to his damage of 20£ Et iude Accio &c The defendants do plead non est factum Thomas SANDERSON &c. The defendants since the death of Tho~ SANDERSON who dyed May 1677 marryed two of his daughters Isabell & Jane of Thomas SANDERSON since the death of the said Thomas SANDERSON who dyed in May 167 & That after theire marriage the pl~te nor old John WESTMRLAND ever made demand of this debt of the defendants till about 18 Monthes Since and then did comence Suite agt them and the Last assizes brought downe a Tryall in the Name of the pl~te and as a debt due to him but did not trye the Same | That now the pl~te Sues as Ex~tor to old John and Sayes the debt was | | his; & came to him as Executor to old John; tho the defendants are | | Satisfyed that it is an absolute cheete; for Tho~ SANDERSON | | before his death neaver went from home & before he dyed declared | | what debts he owed but neaver owned this debt wch is by bond and | witnessed by one Jeffray WESTMERLAND and one Willm~ ARNISON And ARNISON denyes he ever did see any bond Sealled | Will or delivered or that the m~ke at his name is the usuall m~ke he | Jo ARNISON alwayes setts neither did he ever know WESTMERLAND | Note that ARNISON marke is and always was sett by him thus A And the m~ke set at the End of his name in the bond is thus † To take off lessen Jeffray WESTMRLAND Evidence – The sayd | Jeffray hath declared both to the defendts & to others hath declared | Mr Leo that the debt due from SANDERSON was his own money and would | WILKISON have had the defendants to have agreed with him for it: And |____________ perticulerly since the last assizes in October last upon some discourse why WESTM~LAND did not bringe on his tryall at the last assizes: | Tho WEBSTER the sayd Jeffray gave this reason that if it the debt was his Money | Tho WALKER that was lent by him & sayd he would sweare it at the next assizes | Bart LYDDALE for he would not loose his Tenn pounds | all prove his Confess~n of the putt Jeffray WESTMERLAND to sweare if that Richd money to be his SANDERSON did not give a perticular bond to him for the very 10£; & whether he or John WESTM~LAND or the one of them have not [Ric]hards bond for it.