bacon against Dubarry ld raym debt upon a bind London to wit be it remember  that heretofore to wit 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 Dubarry otherwise call David Dubarry of London merchant in the custody  of the marshal c of a plea of debt and there be pledge of prosecute to wit  John do and Richard roe which say bill follow in these word to wit London to  wit Josiah Bacon complain of David Dubarry otherwise call David Dubarry of  London merchant be in the custody of the marshal of the Marshalsea of the Lord  the king before the king himself of a plea that be render to he of lawful  money of England which he owe to he and unjust detain for that to wit that  whereas the aforesaid David on the that day of November in the year of our  Lord at London in the parish of the bless mary of the arch in the ware of  cheap by his certain write Obligatory seal with the seal of he the say David  and now here show to the court of the say lord the king the date whereof be  the same day and year acknowledge himself to be hold and firm bind to the  aforesaid Josiah in the aforesaid to be pay to he the say Josiah when he shall  be hereunto request nevertheless the aforesaid Lord Raymond David although  often request c have not yet pay the aforesaid to the aforesaid Josiah but  have hitherto altogether deny and as yet do deny to pay the same to he to the  damage of he the say Josiah of and thereupon 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 aforesaid David have leave to imparl to the bill aforesaid  and then to answer c before the lord the king at Westminster come as well the  aforesaid Josiah by his attorney aforesaid as the aforesaid David by John  green his attorney and the say David defend the force and injury when c and  pray oyer of the write Obligatory aforesaid and it be read to he c he also  pray oyer of the condition of the same write Obligatory aforesaid and it be  read to he in these word to wit the condition of this obligation be such that  if the abovebounden David Dubarry for and on the behalf of Jacob Derutter of  Hanborough merchant his executor and administrator do and shall well and true  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 any two of they arbitrator as well  on the part and behalf of the above name Josiah Bacon as of the say David  Dubarry and by their mutual assent and consent indifferent elect name and  choose to arbitrate Lord Raymond er p 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 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 Dubarry as attorney to the say Jacob Derutter 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 Derutter so as  the say award arbitrament order final end and determination and judgement of  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 in lombardstreet  London on or Lord Raymond before the one and twenty day of this instant  November then this obligation oh be void or else to stand in full force and  virtue which be read and beard be the say David Dubarry say that the aforesaid  Josiah Bacon ought not to have or maintain his aforesaid action thereupon  against he because he say that the aforesaid 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 band and seal of for and concern the  premise aforesaid in the condition aforesaid above specify upon or before the  one and twenty day of November in the condition aforesaid mention accord to  the form and effect of the condition aforesaid and this he be ready to verify  whereupon he pray judgement if the afore say Josiah Bacon ought to have or  maintain his aforesaid action against he c and the aforesaid Josiah Bacon say  that he by any thing by the aforesaid David Dubarry above in plead allege  ought not to be bar from have his action aforesaid thereupon because be say  that after the make the write Obligatory aforesaid to wit upon the saint day  of November in the year of our Lord in the condition aforesaid specify at  London aforesaid in the parish and ware aforesaid the aforesaid Nicholas  cutler and Michael Milford two of the arbitrator in the condition aforesaid  above specify take upon themselves the burden of arbitrate and order of and  concern the premise in the condition aforesaid abovementioned and make their  award in write indent under their band and seal between the party of and  concern the premise in the condition aforesaid mention by which say award here  bring into court they the same arbitrator recite that whereas the aforesaid  David for and on the behalf of Jacob Derutter of Hanborough merchant and the  aforesaid Josiah by interchangeable obligation bear date the that day of the  then instant November be bind to each other in condition to stand to the award  of the say Maurice William Nicholas cutler and Michael Milford or any two of  those arbitrator mutual between themselves choose to adjudge determine and  final to make a end of and in 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 strife difference controversy matter claim and demand whatsoever  which then be or at any time before Lord Raymond the date of the write  Obligatory aforesaid have be move stir up or depend between the say David  Dubarry as attorney to the say Jacob Derutter and the say Josiah Bacon touch  the account between the say Josiah Bacon and the say Jacob Derutter 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 aforesaid party in difference require the same at or in the  then and now dwellinghouse of John chamber scrivener situate in lombardstreet  upon or before the say one and twenty 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 aforesaid David Dubarry his executor  administrator or assign on the part of the aforesaid Jacob Derutter to pay or  cause to be pay to the aforesaid Josiah his executor administrator or assign  the sum of S d of lawful money of England on or before the d day of Lord  Raymond er p January then next follow and they do further award and order that  the aforesaid Josiah Bacon and the aforesaid David Dubarry on the behalf of  the aforesaid Jacob Derutter upon the payment of the aforesaid sum of money as  before set forth shall sign seal and lawful execute and deliver to and 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 bind bill specialty  judgement extent execution strife difference controversy matter claim and  demand whatsoever touch the say account as by the award aforesaid appear and  the say Josiah in fact say that the award aforesaid in form aforesaid make  afterward to wit on the aforesaid one and twenty day of November in the year  abovesaid at London aforesaid in the parish and ware aforesaid be deliver as  well to the aforesaid Josiah as to the aforesaid David accord to the form and  effect of the condition of the write Obligatory aforesaid and the say Josiah  further say that although he the say Josiah from the time of make the award  aforesaid until this time have well and true observe perform and keep all and  singular the matter and thing in the award aforesaid contain on the part of he  the say Josiah to be perform and fulfil accord to the form and effect of that  award protest also that the aforesaid David Dubarry from the time of make the  same award until this time have not observe perform or fulfil the award  aforesaid in any Lord Raymond thing on his part to be perform and fulfil  accord to the form and effect of that award in fact he the say Josiah say that  the aforesaid David Dubarry have not pay or cause to be pay to the aforesaid  Joseph the aforesaid sum of S d on or before the aforesaid second day of  January which he then ought to have pay to he accord to the form and effect of  the award aforesaid and this he be ready to verify whereupon he pray judgement  and his debt aforesaid together with his damage by occasion of the detention  of that debt to be adjudge to he c demurrer and joinder in demurrer n the  judgement be for the defendant chief for this reason videlicet that the  submission be on behalf of Derutter and nothing be award to Derutter for he  have no advantage of this award because the release be award to be make to  Dubarry to the use of Dubarry so that Derutter have no benefit by it but per  curian it have be otherwise if the award have be that the plaintiff shall  release to Derutter or to the defendant for the use of Derutter or to the  defendant Dubarry general without say to the use of Dubarry for then it may  have be intend to the use of Derutter because the submission be on behalf of  Derutter see the report and see also the case Cayhill against Fitzgerald  easter Geo b r plead before the lord the king at westminster OF the term OF  easter in the eight year OF the reign OF our lord William the three now king  OF England c roll