bacon versus DEBARY ld raym entry S c London to wit be it remember that  heretofore that be to say in the term of easter last pass before the lord the  king at Westminster come Josiah Bacon by William baker his attorney and bring  into the court of the say lord the king then there his certain bill against  David Debary otherwise call David Debary of London merchant in custody of the  marshal c of a plea of debt and there be pledge of prosecute namely John do  and Richard roe which say bill follow in these word that be to say London to  wit Josiah Bacon complain of David Debary otherwise call David Debary of  London merchant in the custody of the marshal of the Marshalsea of our lord  the king before the king himself be of a plea that he render to he six hundred  pound of lawful money of England which he owe to he and unjust detain for that  to wit that whereas the say David on the eight day of November in the year of  our Lord one thousand six hundred and ninetyfour at London to wit in the  parish of saint mary Le bow in the ware of Cheap by his certain write  Obligatory seal with the seal of the same David which to the court of the say  lord the king be now here show the date of which be the same day and year  acknowledge himself to be hold and firm bind to the say Josiah in the  aforesaid six hundred pound to be pay to the same Josiah when he shall be  thereunto request nevertheless the saidDavid although often request c have not  yet pay the say six hundred pound to the say Josiah but have hitherto  altogether refuse and still do refuse to pay the same to he to the damage of  the same Josiah of one hundred pound and therefore he bring suit c and now at  this day to wit Friday next after the morrow of the holy Trinity in this same  term until which day the say David have leave to imparle to the say bill and  then to answer c before the lord the king at Westminster come as well the say  Josiah by his say attorney as the say Du with by John green his Salkeld  attorney and the same David defend the force and injury when c and pray oyer  of the write Obligatory and it be read to he c he also pray oyer of the  condition of the same write Obligatory and it be read to he in these word to  wit the condition of this obligation be such that if the abovebounden David  Debary for and on the behalf of Jacob Dernyter of Hanborough merchant his  executor and administrator do and shall well and duly stand to obey abide  observe perform fulfil and keep the award arbitrament order final end  determination and judgement of Maurice William Nicholas cutler and Michael  Milford of London merchant or a two of they arbitrator as well on the part and  behalf of the abovenamed Josiah Bacon and by their mutual assent and consent  indifferent elect name and choose to arbitrate award order judge determine and  a final end to make of for upon and concern all and all manner of action and  action cause and cause of action suit debt account reckon sum and sum of money  covenant contract promise trespass damage bind bill specialty judgement extent  execution trespass strife difference controversy matter claim and demand  whatsoever as now be or at any time before the date above write have be move  stir up or depend between the say David Debary as attorney to the say Jacob  Dernyter of the one part and the say Josiah Bacon of the other part for touch  or concern certain account between the say Josiah Bacon and the say Jacob  Dernyter so as the say award arbitrament order final end determination and  judgement of Salkeld er p the say arbitrator or any two of they of and upon  the premise be make and set down in write indent under their hand and seal and  be deliver or ready to be deliver up unto the say party respective in  difference require the same at or in the now dwellinghouse of John chamber  scrivener situate lombardstreet London on or before the one and twenty day of  this instant November then this obligation to be void or else to stand in full  force and virtue which be read and hear the same David Debary say that the say  Josiah Bacon ought not to have or maintain his say action against he thereupon  because he say that the say Maurice William Nicholas cutler and Michael  Milford in the condition aforesaid name or two of they do not make any award  in write indent under their hand and seal of for or concern the premise  aforesaid in the condition aforesaid above specify upon or before the  twentyfirst day of November in the condition aforesaid mention accord to the  form and effect of the say condition and this he be ready to verify wherefore  he pray judgement if the say Josiah Bacon ought to have or maintain his action  aforesaid thereupon against he c and the say Josiah Bacon say that he  notwithstanding any thing by the say David Debary above in Salkeld his plea  allege ought not to be preclude from have his action aforesaid thereupon  against he the say David because he say that after the make the write  Obligatory aforesaid to wit upon the twentyfirst day of November in the year  of our Lord one thousand six hundred and ninetyfour in the say condition  specify at London aforesaid in the parish and ware aforesaid the say Nicholas  cutler and Michael Milford two of the arbitrator in the say condition above  specify take upon themselves the trouble of award and ordain of and concern  the premise in the say condition abovementioned and make their award in write  indent under their hand and seal between the party and of and concern the  premise in the say condition mention by which say award produce here in court  the same arbitrator recite that whereas the say David for and on the behalf of  Jacob Dernyter of Hanborough merchant and the say Josiah by interchangeable  obligation bear date on the eight day of November then instant be bind the one  to the other in six hundred pound condition to stand to the award of the say  Maurice William Nicholas cutler and mich Milford or any two of those  arbitrator mutual by they elect to adjudge determine and final end all and all  manner of action and action cause and cause of action suit debt account reckon  sum and sum of money covenant contract promise trespass damage obligation bill  specialty judgement extent execution quarrel difference controversy matter  claim and demand whatsoever which then be or at any time before the date of  the write Obligatory aforesaid have be move stir up or depend between the say  David Debary as attorney of the say Jacob Dernyter and the say Josiah Bacon  touch the account between the say Josiah Bacon and the say Jacob Dernyter so  that the award and determination of the say arbitrator or of any two of they  shall be make in write indent under their or any two of their hand and seal  ready to be deliver to the say party in difference require the same at or in  the then and now dwellinghouse of John chamber scrivener situate in  lombardstreet London upon or before the say twentyfirst day of November as by  the say obligation and the condition of the same more full appear the say  Nicholas cutler and Michael do award and order the say David Debary his  executor administrator or assign on the part of the say Jacob Dernyter to pay  or cause to be pay to the say Josiah his executor administrator or assign the  sum of three hundred and fortyfive pound six shilling and tun penny of lawful  money of England upon or before the second day of January then next and they  do further award and ordain that the say Josiah Bacon and the say David Debary  on the behalf of the say Jacob Dernyter upon the payment of the say sum of  money as aforesaid shall sign and Salkeld seal and lawful execute and deliver  to or for the use of each of they a good and sufficient release of all and all  manner of action and action cause and cause of action suit debt account reckon  sum and sum of money covenant contract promise trespass damage obligation bill  specialty judgement extent execution quarrel difference controversy matter  claim and demand whatsoever touch the say account as by the say award appear  and the same Josiah in fact say that the Salkeld er p say award in form  aforesaid make afterward to wit on the same twentyfirst day of November in the  year aforesaid at London aforesaid in the parish and ware aforesaid be deliver  as well to the say Josiah as to the say David accord to the form and effect of  the condition of the write Obligatory aforesaid and the same Josiah further  say that although he the say Josiah from the time of make the award aforesaid  hitherto have well and true observe perform and keep all and singular the  matter and thing in the say award contain on the part of he the say Josiah to  be perform and fulfil accord to the form and effect of the same award protest  also that the say David Debary from the time of make the say award hitherto  have not observe perform or fulfil the award aforesaid in any thing to be  perform and fulfil accord to the form and act of the say award the same Josiah  in fact say that the say David Debary do not pay or cause to be pay to the say  Josiah the say sum of three hundred forty and five pound six shilling and ten  penny upon or before the say second day of January which he then ought to have  pay to he accord to the form and effect of the say award and this he be ready  to verify wherefore he pray judgement and his say debt together with his  damage by occasion of the detention of that debt to he to be adjudge c  demurrer and joinder and judgement for the defendant Salkeld plead before our  lady the queen at westminster OF the term OF saint hilary in the second year  OF the reign OF the lady whether now queen OF England c roll