Difference between revisions of "STAC 5/P50/2"
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Latest revision as of 09:11, 8 November 2019
STAC 5/P50/2 - B A - 15 Eliz - London - Richard Peagrem v Julio Burgarancius see STAC co London
Transcribed by Helen Good
To the Queens most excellent Majesty
In most humble wise complaining sheweth unto your most excellent Majesty your faithful humble and obedient subject Richard Peagrem of the parish of Buttolphes near Billingsgate within your majesties City of London / That whereas your said that subject about fifteen years past using the trades of merchandises as well beyond as on on this side the seas for his better prosecuting of his traffique and necessary affairs therein did constitute and authorise one Thomas Richards then servant to your said subject as his deputy and factor beyond the seas / By whose bills and contracts your said subject was always chargeable according to the law of merchants in that behalf accustomably used / Now so it is if it may please your most excellent majesty That the said Richard being put in trust by your said subject, having in his hands to the value of four thousand pounds in wares and money of the only proper goods and chattles of your said subjectes, neither regarding the benefit of your said subject, nor considering the charge to him committed, did most prodigaly and lasciviously waste and consume not only the said wares merchandises and money to him delivered and committed, to the said value of four thousand pounds, to the great decay impoverishing and utter undoing of your said subject, But also did upon the credit of your said subject, borrow divers sums as well of merchandise as of money which he likewise used imployed and ryotousely consumed and spent, charging for the same your said subject as debtor / By which the said Thomas Richards did break, after which breaking the said Richards was no longer by the law of merchants factor for youe said suppliant, nor yet your said suppliant by the law of merchants was afterwards answerable for any contracts bargains or bill of debt to be made by the said Richards st any time after he was broken / But the said Richards seeking the further despoil of your said subject being broken, and under arrest for divers his own debts at the suit of one Philipp Machevely an Italian merchant, (The said Richards after his breaking not being any longer factor) by confederacy between him and the said Machevely (sithence he brake) did make unto the said Machevelye certain bills of debt to the value of £453 in your said subjects name with antedates, giving dates to the said bills long before he broke / Whereupon the said Machevelye about eight years past minding to charge your said subject by reason of the said antedated bill of debt, did sue your said subject upon the said bills in the Sheriff Court within your majesty’s said City of London / whereupon after issue joined by reason that your said subject then wanted such proofs for the antedating of the said bills, (as he afterwards attained and did get and now hath) he was condemned at the suit of the said machevelye in the sum of fourscore and odd pounds, as upon one of the said bills by reason of a false deposition of one Donato an Italian who deposed that for one of the said bills it was made before Richards brake, and for the other he knew nothing After which recovery and judgement thereupon given and before execution your said subject attained by means of certain his friends such proof by the depositions of certain honest men under the Towneseal of Andwerpe, manifestly declaring and discovering the antedating as well of the said Bill, whereupon the said recovery was had / As also of the other bill made unto the said Machevelye by the said Richards / Whereupon your said subject meaning and pretending to use such remedy for the recovering of the said judgement, as by the lawe he might / Nevertheless at the importunate suit of the said Machevely unto your said subject but especially at the instant request of some of the friends of the said Machevelye upon the complaint of the said Machevelye / And for divers considerations between your said subject and the said Machevelye: your said subject did content and pay unto the said Machevelye the said sum of fourscore and odd pounds against him in form aforesaid recovered / Nevertheless the said Machevelye not meaning the satisfaction of such promises as before the said payment he had made / nor yet regarding nor fearing the discovery of the antedating of the said Bill did afterwards counter an action upon the case supposing an assumption, against your said subject in your highness court called the Kings Bench / where after issue joined it was manifestly and directly proved, that as well the said bill whereupon the said action was action was grounded, as also the other bill whereupon the recovery aforesaid was had were fraudulently and deceitfully made by the covenous meaning by the said Richards servant to your said subject after that he was broken and not factor unto your said subject with antedates / whereupon the said Machevelye seeing the discovery of those practices and procuring by the advice of his Counsel that the matter would have passed by verdict for your said subject and against the said Machevelye he was thereupon nonsuit / And perceiving further that he could nort charge your said subject upon the said bill by the common laws of the realm neither yet having any other witnesses or proofs to maintain any action at the Common Law / But thinking by continual delays and suits in law to weary your said subject considering his extreme poverty, through his said servant Thomas Richards and his associates with whom the said Machevelly hath been confederate hath sithence comenced a suit against your said subject in your majesty’s court called the Admiralty where he hath continued the same and yet doth by the space of three or four years, now sithence to the intollerable impoverishment of your said subject / And the rather by the advice of one Julius Burgarusius doctor in Phisick one of the confederates of the said Machevelye who offered him self to be deposed in the said suit depending between your said suppliant and the said Machevellye in the said Court of the Admiralty And the said Juiius Burgarusius having a corpoal oath ministered unto him before David Lewis Doctor of the Civil Laws and then Judge of your majesty’s said court of the Admiralty upon his said oath to declare what the said Burgarusius knew touching the said debt between your said subject and the said Machevelye / The said Bargarusius said sithence the fourteenth day of May last past in the said Court of the Admiralty upon his corporal oath there deposed that your said subject being arrested at the suit of the said Machevely within your mahesty’s said City of London / That the said Bargarusius then having a letter of attorney from the said Machevely to deal with your said suppliant / That one Emannuell Lucarr and William Rowe aforesaid his kinsmen, came unto the said Burgurusius and entreated with him on the behalf of your said subject to agree and accept the arrest of three shillings four pence for the pound which was offered in Antwerp by your said subject to his other creditors / And that your said subject ought unto the said Machevely the some of £454 or thereabouts and said further that the said William Rowe affirmed to the said Burgarusius the same to be the true debt of your said subject to the said Machevely / And that the said Emanuell Lucarr and William Rowe did instantly desire to agree for the said sum of £454 for ten groats for the pound Whereas in very truth neither was there any such debt as was supposed owing by your said subject unto the said Machevely, neither yet the said Emanuell Lucarr and William Rowe did acknowledge any duty or debt to be between your said subject and the said Machevelly, nor yet the said Emanuell Lucarr and William Rowe did proffer any sum or sums of money of three shillings four pence in the pound for or in consideration of any duty owing by your said subject unto the said Machevellye / Neither yet did at any time affirm unto the said Burgarusius that the same to be the true debt of your said subject unto the said Machevelly / And so the said Burgarusius did then and there upon the said deposition commit most wilfull wicked and detestable perjury / By which wicked willfull and detestable perjury your said subject is like to have judgement against him in the said Court of the Admiralty to his great loss hindrance and utter undoing, In tender onsideration whereof and forasmuch as the detestable offence of willfull perjury is contrary to the laws and statutes of this your majesty’s realm And will be to the perillous example of all such offenders to commit the like offences if condign punishment be not speedily had / May it therefore please your most excellent majesty to grant unto your said poor subject your majesty’s most gracious writ of subpoena, unto the said Julius Burgarutius to be directed commanding him thereby under a cerytain paine and at a certain day therein limited personally to appear before your most excellent majesty in your highness Court of Starchamber there to answer unto the premisses / And your said subject his poor wife and children shall dutifully pray to God long to continue your royal estate.
The Answer of Julio Burgarancius doctor of phisick to the untrue an slanderous Bill of Complaint of Richard Pegram complainant.
The said defendant by protestation not acknowlwdging or confessing the material contents of the said Bill to be true and saving unto him at all times hereafter the advantage of exceptions of the insufficiencies of the said Bill of Complaint, for answer saith that he greatly marvelleth of the strange and impudent dealing of the said complainant, in that he dareth in this honourable Court, by his malicious untrue and slanderous Bill of Complaint advouch and set forth so great an untruth and chiefly in a cause wherein himself knoweth he hath not only greatly hindered divers and many of his creditors by breaking of his credit, But impoverished the said Machevily, and much abused the said defendant in this false accusation, without that the said defendant offered himself to be deposed in the suit depending between the said complainant, and the said Machevile in the said Court of the Admiralty, Or that the said defendant having a corporal oath ministered unto him before David Lewes Doctor of the Civil Laws and Judge of the said Court, upon his oath to declare what he the said defendant knew touching the said debt mentioned in the said Bill, Did depose in the said Court of the said Admiralty upon his oath in such sort manner and form as in the said Bill is alledged, Or that the said defendant there did commit any willfull wicked or detestable perjury as in the said Bill most slanderously and impudently is alledged / Or that any other matter or thing in the said Bill contained material or effectual to be answered unto, and not herein by the said defendant sufficiently confessed or avoided tran’sed or denied is true, All which matters the said defendant is ready to aver and prove as this honourable Court shall award and prayeth to be dismissed the same with his reasonable costs and charges in this behalf wrongfully sustained. /