Z937/18/4

Draft Bill of Complaint by John Cripps of Pauls Walden, gent, to Rt Hon William Lord Cowper Baron of Wingham, Lord High Chancellor of Gt Britain. Thomas Fallowes, physician of Lambeth Marsh, Lambeth, Surrey, fraudulently struck up an acquaintance with John Cripps, encouraging Cripps to take him for "a man of probity without ill-design towards anyone least of all himself". Fallowes, seeing he'd gained John Cripps' good opinion, took advantage of his credulity and drew him into signing a bond for some money. In August 1707 John Cripps was at home in Pauls Walden when Thomas Atkinson, a servant of Thomas Fallowes, arrived with a letter from his master dated from Lambeth Marsh, 7 August 1707. It said, "Mr Cripps, I begg you to signe the Bond Thomas hath brought downe with him for I can have fifty pounds for two yeares on it of a freind & noebody the wiser. Sir, if you doe not this kindnesse for me it may compleat my ruine and yours...... I think I know where to have it in about five weeks time and not sooner. Sir, I have gott two hundred pounds for you at Michaelmas which you may have on your Bond and mine as long as Shepson lives and then yours and mine forever if we please, you shall not want a freind if you doe serve me at this time which I hope you will forever have reason to bless god for I am Mr Cripps in great straits faile me not I pray - yours Thomas Fallowes." Atkinson asked him to seal a bond for 200 from John Cripps to Thomas Fallowes. Cripps had never borrowed money from Fallowes and sent Atkinson away with the bond unexecuted. Cripps then went to London and called at Fallowes' house at Lambeth Marsh in friendship. He accepted Fallowes' invitation to stay and dine. Fallowes continued his appeal but Cripps said it wasn't proper to give such a bond. Fallowes said he didn't then know the person who would lend him the money, but if Cripps would seal the bond whilst in town, Fallowes would make it suit his occasion. He promised to repay him within 2 years, and he'd even take care that whether he lived or died he'd deliver up the bond to Cripps to be cancelled. He'd be ready to do Cripps a far greater favour in return, so Cripps sealed and executed the bond, relying on friendship and taking no names of counter-security from Fallowes. Cripps returned to the country. On receipt of a letter from Joseph Studley, an attorney at law, requiring him to pay the bond, Cripps travelled to London and asked Fallowes to secure him from any trouble. Fallowes arranged for Cripps to meet him and Studley at a tavern in Cornhill near the Royal Exchange, where Studley and Fallowes threatened Cripps that if he didn't pay or give judgement he should be arrested, and if he went into the country without paying or giving a judgement they'd send 2 bailiffs from London to arrest him. Cripps was terrified and forced to seal and execute a Warrant of Attorney for entering a judgement on the Bond, with an endorsement on the back that the judgement should not be signed until 23 June. Fallowes and Studley are now threatening to levy the whole penalty of 100. Fallowes maintains he is entitled in law and equity to compel Cripps to pay the most that can be recovered at law. Cripps states the only money he ever had from Fallowes was one gold guinea which Fallowes presented to him at the time of sealing, and that the getting of the Bond was trickery between Fallowes and Studley. Cripps' only relief can be in a Court of Equity, and his only witnesses are either "dead or beyond the seas or in other places remote and unknown". He requests the court to issue a Writ of Subpoena to Fallowes and Studley to establish the truth of the matter. Presented by his orator Joseph Squibb.

1708 June 19

From: 1707 To: 1708

6 sheets,11 sides used, No. of pieces: 1

Secretary Hand

sheets of paper

item

Cripps, John,
Fallowes, Thomas,
Atkinson, Thomas,
Cowper, Lord William, Baron of Wingham,
Shepson,
Studley, Joseph,
Squibb, Joseph

attorneys, Lord High Chancellor, physician, bonds, fraud, Chancery, St.Paul's Walden, Lambeth Marsh, City of London Cornhill