bennet against purcell report in ld raym action on the case by a captain  against a colonel of a regiment for pay Middlesex to wit be it remember that  on Friday next after three week of saint Michael in this same term before our  lady the queen at Westminster come Joseph Bennett Esq by Francis hardy his  attorney and bring into the court of our say lady the queen now here his  certain bill against Tobias Purcell Esq be in the custody of the marshal c of  a plea of trespass upon the case and there be pledge of prosecute to wit John  do and Richard roe which say bill follow in these word to wit Middlesex to wit  Joseph Bennett Esq complain of Tobias Purcell Esq in the custody of the  marshal of the Marshalsea Lord Raymond of our lady the queen be before the  queen herself of a plea of trespass upon the case for that to wit that whereas  he the say Joseph now be and for diverse year heretofore to wit in the time of  William the three late king of England c bath be a captain lawful constitute  and appoint by the say late king and our lady the now queen to a certain  company of their soldier in the service of this kingdom as well to order and  govern as to consult and appoint in military affair and other warlike  necessary arise and happen in battle and war and by reason thereof have have  and be accustom and ought to have for himself and on the behalf of such  soldier substitute and place under he certain several sum of money as wage  salary and reward for their respective service usual pay to they by the day or  by the month or to other military officer to himself the say Joseph and other  such captain appoint to such use and purpose as aforesaid pay by our say lady  the now queen and the say late king or by such person as by they have be and  be appoint depute and authorize to act and pay such wage salary and reward and  also whereas the say Tobias on the ten day of march in the first year of the  resign of our lady the now queen be indebt to the say Joseph in seventy pound  of lawful money of England for money of he the say Joseph to himself as be  aforesaid by reason of his say office due and Payable by he the say Tobias  before that time be be then a officer command the say Joseph to wit the  colonel of the regiment in which he serve under he as captain receive and have  from the public office appoint by the say late king to make such payment and  be so indebt the say Tobias the same day and year at the parish of saint  Martin in the field in the county aforesaid in consideration thereof assume  upon himself and to the say Joseph then and there faithful promise that he the  say Tobias the same sum of money as aforesaid by he receive well and faithful  will pay and satisfy and also whereas the say Tobias on the day and year  aforesaid be indebt to the say Joseph in other seventy pound of lawful money  of England for money by he the say Tobias to the use of he the say Joseph  before that time have and receive and be thereof so indebt the say Tobias the  same day and year at the parish aforesaid in the county aforesaid in  consideration thereof assume upon himself and to the say Joseph then and there  faithful promise that he the same say Tobias will well and faithful pay and  satisfy the sum of money last mention when he shall be thereunto require and  also whereas Lord Raymond the say Tobias the day and year aforesaid be indebt  to the say Joseph in other seventy pound for money by he the say Joseph to the  use and at the special instance and request of he the say Tobias before that  time pay expend disburse and lie out and be thereof so indebt the say Tobias  the say day and year at the parish aforesaid in the county aforesaid in  consideration thereof assume upon himself and to the say Joseph then and there  faithful promise that be the say Tobias will well and faithful pay and satisfy  the say sum of seventy pound last mention to the say Joseph when he shall be  thereunto request and also whereas the say Tobias the same day and year be  indebt to the say Joseph in other seventy pound of Lord Raymond er p lawful  money of England for the like sum of money which for and on the behalf of the  say Tobias and at his instance and request the say Joseph before that time  have pay to the say late king to who the say Tobias then do stand just indebt  and ought to have pay it and be thereof so indebt the say Tobias the day and  year abovesaid at the parish aforesaid in the county aforesaid in  consideration thereof assume upon himself and to the same Joseph then and  there faithful promise that he the say Tobias will well and faithful pay and  satisfy the say seventy pound last mention to the say Joseph when he shall be  thereunto require nevertheless the say Tobias not at all regard his say  several promise and undertake but contrive and fraudulent intend crafty and  subtle to deceive and defraud he the say Joseph in this behalf the say several  sum of money or any part thereof although often require to the say Joseph have  not pay or in any manner satisfy but to pay the same to he have hitherto whole  refuse and yet do refuse to the damage of he the say Joseph of one hundred  pound and thereupon he bring suit c and the say Tobias Purcell against who the  say bill be exhibit by the name of Tobias Purcell esquire by Henry wright his  attorney come and defend the force and injury and say that he ought not to be  compel to answer to the say bill because he say that he at the time of exhibit  the say bill be a gentleman and not a esquire as by the say bill be above  suppose to wit at the parish aforesaid in the county aforesaid and this he be  ready to verify wherefore as he be name esquire in the say bill he pray  judgement of the say bill and that the bill may be quash c and the say Joseph  Bennett say that by any thing by the say Tobias above in plead allege the say  bill of he the say Joseph ought not to be quash because protest Lord Raymond  that the plea aforesaid above plead in abatement of the say bill of he the say  Joseph and the matter in the same contain in manner and form aforesaid plead  be not sufficient in law for this cause among other that be to say for that  the action or cause of he the say Joseph be a action or cause prosecute by a  bill and without the original writ of our lady the now queen in which no  outlawry lie or can lie upon such bill neither be it provide by the statute of  addition late set forth that any addition shall be in such action so prosecute  and so it be immaterial in this action whether the say Tobias be a gentleman  or a esquire nevertheless for plea the say Joseph say and assert that long  before and at the time of exhibit of his bill aforesaid the say Tobias be  esteem and repute as well a esquire as a gentleman but more especial a esquire  by reason and in respect not only of his parentage but also of his most worthy  employment and this be pray that it may be inquire of by the country and the  say Tobias say that the say plea by the say Joseph in manner and form  aforesaid above plead in reply and the matter in the same contain be not  sufficient in law to compel he the say Tobias to answer to the say bill of he  the say Joseph to which the say Tobias have no necessity neither be he bind by  the law of the land in any manner to answer and this he be ready to verify  wherefore for want of a sufficient replication in this behalf the say Tobias  as before pray judgement of the bill aforesaid and that the bill may be quash  c and the say Joseph Bennet say that the say plea by he the say Joseph in  manner and form aforesaid above plead in reply and the matter in the same  contain be good and sufficient in law to compel he the say Tobias to answer to  the say bill of he the say Joseph which say plea and the matter in the same  contain the say Joseph be ready to verify and prove as the court c and because  the say Tobias do not answer to that plea nor in any manner deny it he the say  Joseph pray judgement and that the say Tobias may answer over to the say bill  of the say Joseph but because the court of our say lady the now queen here be  not yet advice of their judgement to be give of and concern the premise day  thereupon be give to the party aforesaid before our lady the queen at  Westminster until Saturday next after the octave of saint Martin to hear their  judgement of and concern the premise for that the court of our say lady the  queen now here be not yet c judgement that the defendant answer over Lord  Raymond er p Lord Raymond plead before the lord the king at westminster OF the  term OF saint hilary in the twelve year OF the reign OF the lord William the  three by the grace OF God now king OF England c among the plead OF the crown  roll