Complaint of A False Accusation of Usury Under 13 Elizabeth, C. 8
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| Date | 1574 |
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Entry
13 ELIZABETH, с. 8, 1574 (?). [S.P.D. Eliz., Vol. XCIX., No. 26. Words in italics are underlined in the original.]
To the Quenes Maiesties most honorable Privy Counsell.
Humbly complaynynge sheweth unto your honors your poore and dayly Oratour William Symondes that where as one William Napper in the xth yere of the Quenes Maiesties Raigne that nowe ys by his dede obligatory became bounden unto your saide Oratour in the some of one hundreth powndes, with condicon thereupon indorsed that if the saide William Napper shoulde well and truely pay and deliver to your saide Supplyantefourtie quarters of wheate and fourtie loddes of wolle at the house ofyour saide Supplyante within the Citie of Winchester or fyftie powndes in money in the feaste of sainte Michaell tharchangell then nexte followinge, that then the saide obligacion shoulde be CREDIT AND MONEY LENDING voide ; and where also the sayde William Napper did not pay or deliuer unto your saide Oratour the saide wheate and wolle nor the said some of l li. nor any parte thereof accordinge to the saide Condicon ; whereupon your Oratour comensed his sute againste the saide William Napper in the saide Citie of Winchester upon the saide obligacion and there caused him to be arrested, where the saide William Napper (for that he could finde no suertye) was accordinge to the custome of the saide Cittie comytted to pryson and there remayned, untill suche tyme as the saide Napper and Amye his wif and others thare frendes made greate sute unto your Oratour for the mytigatinge of the penalty of the saide obligacion of cli.; upon whose Requeste, and after delay of paymente of the saide some offiftie poundes by the space of fyve yeres and greate charges and losses susteyned by your saide Oratour, he was contented and did agree to take of the saide William Napper the some of xx li. in hande, and lx li. to be paide in the feaste of Saincte Michaell tharchangell then next insuynge ; accordinge to which Agremente the saide William Napper paide unto your saide supplyante the saide some of xx li., and together with one Henry Hopkins became bounden to your saide Oratour by theire Dede obligatory bearinge date the xxjth day of Aprill in the xvjth yere of your saide soueraigne Ladies Raigne for the paymente to him of the saide lx li. in the feaste of Saincte Michaell tharchangell then nexte insuynge ; which saide some of lx li. was not paide unto your saide subiecte accordinge to the tenour of the same latter obligacion, by reason whereof the saide obligacon was and is forfeited, and so your saide supplyante iustely and lawfully intituled to have the advantage and benefytte of the penalty thereof. Whiche the saide William Napper, perceavinge and knowinge that if it coulde be proved that the saide obligacion was made for usurye then the same was voide, did devise and Agree with one Thomas Veale an Informer that the saide Thomas Veale shoulde for him self and her highnes put in to the Courte comonly called the Quenes Benche one Informacon againste your supplyante upon the statute made for punishemente of usurers, conteynynge therein in effecte that your saide supplyante at Westminster in the county of Middlesex Receaved the saide some of xx li. for the forbearinge the saide some of lx li. contrary to the saide statute (at which place your supplyante neuer receaved nor had any some of money of the saide Napper nor neuer made any bargaine or Agremente touchinge the premisses), And that after your saide supplyante had ioyned Issue in the saide Courte upon the same informacion they shoulde procure a parciall Jury to be ympanelled for the tryall of the saide Issue, And that when the saide Issue shoulde be tryed, the saide Amye wif of the saide Napper shoulde testefye and beare witnes that your saide Oratour receaved and had the saide some of xx li. for the forbearinge of the saide some of lx li. as shoulde by the Informacion be alleged. Accordinge to which devise the saide Informacion was made and put into the saide Courte, and after Issue ioyned by your Oratour a parciall Iury was ympanelled for tryall thereof and ready in the saide Courte to try the same Issue, where the saide Amybefore the Judges of the same Courte and the saide Jury there sworne for tryall of the same Issue did depose in suche sorte as before was devised, that is to say, that the saide some of xx li. was paide to your supplyante for the forbearinge of the saide some of lx li. accordinge to the supposall of the saide Informacion, upon which deposicion thus made the saide Jurye gave theire verdicte againste your supplyante, neither respectinge that this was done and so proved by the procuremente of the saide Napper, and that by this meanes Napper was in maner to avoide his owne obligacion, nor yet havinge Regarde to the othes and deposicions of towe persons of very good creditte beinge privie of all the Comunycacions, Conclusions and Agrementes had and made betwene the saide William Napper and your supplyante for or touchinge the saide seuerall somes of xx li. and lx li., who did depose before the saide Judges and Jury as the truthe was, that the Agremente betwene the saide William Napper and your supplyante was had and made in maner and forme and upon consideracion herein before to your honors declared and not in suche maner as the saide Amy had deposed. Wherebyyour saide Oratour ys not only lyke to loose the some of ccxl li. but also to lose the benefitte of the saide laste obligacion, and this by the only othe of the wif of the saide Napper, and the saide verdicte thus unduely obteyned, whiche CREDIT AND MONEY LENDING saide obligacon if your saide Oratour wolde at the Requeste of the saide Veale haue released, then wolde the saide Veale haue discharged the saide sute thus had againste your supplyante. And by this undue meanes your Oratour is lyke to be utterly spoyled and undone if your honors do not (of your accustomed clemency) take some order for the Relief of him herein. Wher1 fore may it please your honors, that albeyt iudgemente is given againste your supplyante in the saide sute as well for and upon her Maiesties behalf as upon the behalf of the saide Veale, that the execucion thereof may be stayed and not taken or sued againste your saide Oratour, or some other suche meanes as to your honors shalbe thoughte moste convenyente for the Releess of your saide Supplyante in this his greate perill and mysery. And your saide Orator as he is moste bounden shall pray for the preservacion of your honors longe to contynue. [Endorsed] William Symondes Supplication touching Vsarie.
