barber versus fox Yorkshire to wit be it remember that heretofore to wit in  easter term last pass before our lord the king at Westminster come Stephen  barber by James smith his attorney and bring here into the court of our say  lord the king then there his certain bill against Burgundy fox in the custody  of the marshal c of a plea of trespass upon the case and there be pledge of  prosecution to wit John do and Richard roe which say bill follow in these word  to wit Yorkshire to wit Stephen barber complain of Burgundy fox be in the  custody of the marshal of the Marshalsea of our lord the king before the king  himself for this to wit that whereas one Anthony fox father of the say  Burgundy late of Thorpe in the parish of Hatherseidge in the county of Derby  in his life time to wit on the that day of February in the year of our Lord by  his certain write Obligatory seal with the seal of the say Anthony bear date  the same day and year acknowledge wms sander er p himself to be hold and firm  bind to the say Stephen in the sum of l S of lawful money of England with a  condition to the say write subscribe that if the say Anthony his heir executor  or administrator or any of they shall pay to the say Stephen the full and just  sum of l S of like money of England at or upon the that day of February which  shall then be in the year of our Lord at or within the then mansionhouse of  the say Stephen barber situate in uxhill in the say county of York without  fraud or further delay then the say write Obligatory shall be void and of no  effect otherwise shall stand and remain in full force and virtue which wms  sander say l S the say Anthony in his lifetime or the say Burgundy after the  death of the say Anthony of which say Anthony he the say Burgundy be son and  heir have not nor have either of they pay to the say Stephen on the say that  day of February in the say year of our Lord at the say mansionhouse of the say  Stephen accord to the form and effect of the say condition whereby the say  write Obligatory become forfeit and the say Stephen afterward to wit on the  first day of January in the first year of the reign of our Lord Charles the  second now king of England c intend to sue the say Burgundy as son and heir of  the say Anthony his father on the say write Obligatory to he in form aforesaid  forfeit of which say intention the say Burgundy have notice he the say  Burgundy on the day and year last aforesaid at Rotheram in the county  aforesaid in consideration that the say Stephen at the special instance and  request of the say Burgundy will then forbear his suit so intend to be  prosecute by he the say Stephen on the say write Obligatory against the say  Burgundy as son and heir of the say Anthony undertake and then and there  faithful promise the say Stephen that he the say Burgundy will well and  faithful pay and content the say Stephen the say l S when he shall be thereto  afterward require and the say Stephen in fact say that he give credit to the  aforesaid promise and undertake of the say Burgundy do then and there at the  say instance and request of the say Burgundy forbear his suit in form  aforesaid intend to be prosecute by he the say Stephen on the say write  Obligatory for the say l S against the say Burgundy as son and heir of the say  Anthony his father yet the say Burgundy not regard his aforesaid promise and  undertake but contrive and fraudulent intend crafty and subtilely to deceive  and defraud the say Stephen in this behalf have not pay the say l S to the say  Stephen accord to the say promise and undertake nor have he in anywise  hitherto content he for the same although to do this the say Burgundy  afterward to wit on the that day of February in the d year of the reign of our  say lord the now king at Rotheram aforesaid in the county aforesaid be request  by the say Stephen but to pay the same to he or in anywise to content he for  the same have altogether refuse and yet refuse to the damage of the say  Stephen of l and therefore he bring suit c the defendant plead non assumpsit  and verdict and judgement for the plaintiff here it seem shall have be add  this allegation to be pay to the say Stephen whenever after the say Anthony  shall be thereto require for which payment well and true to be make he the say  Anthony bind himself and his heir by the say write Obligatory