Z937/18/5

Response of Thomas Fallowes, defendant, to bill of complaint [see Z937/18/4] brought by John Cripps, gent: Complainant and defendant had for years had a friendship. In August 1706 Cripps owed Fallowes over 100 and, having need of the money, Fallowes sent a letter via his servant Thomas Atkinson to Cripps with a bond for 100 which Cripps had formerly promised to execute. Fallowes did not keep a copy of the letter out of respect for Cripps' circumstances, lest it should come to the knowledge of Cripps' wife or father in law how much in debt he was. Cripps refused to execute the bond and told Atkinson he'd soon come to London and settle the whole amount and give Fallowes the bond. On 4th August last, Cripps came to Fallowes' house at Lambeth Marsh and they settled accounts, and after all just allowances there was still over 100 owing. Cripps sealed a bond to Fallowes with a penalty of 200 on non-payment of the 100 on 4th February last. This bond was obtained without fraud or collusion. Soon after sealing the bond, Cripps went into the country but why he thought he should not be sued on the bond if he didn't pay the money secured by it, Fallowes does not know, unless he planned to pay what was due. Joseph Studley, some time after the money became due on the bond, sent several letters to Cripps requesting payment, and Cripps promised to pay either by letters or agent. After a while he came to London, where there was a meeting at the Swan and Hoope tavern in Cornhill 12th May last, when Studley or his attorney told Cripps that unless he paid shortly he'd be arrested, or words to that effect. Cripps complained he was short of money at that time but if Fallowes and his attorney would give him further time, he'd execute warrant of attorney for the confessing of a judgement on the bond for Studley, to whom Fallowes had assigned it. Cripps of his own free will sealed and executed with warrant of attorney, and a stay of execution until the 23rd instant is indorsed on the back. Before the assignment was executed, Fallowes had borrowed from Studley 20 and another 15 on the bond, besides several other sums Studley paid to other people on account of Fallowes. Fallowes maintains that far from being imposed upon, Cripps was also indebted to him for board, lodging and washing besides physic and other matters which, for reasons best known to Cripps, Fallowes omitted to set forth and for which he might have expected a far greater sum than 100. So far was Fallowes from charging Cripps, out of pity for Cripps' circumstances or folly, he freely forgave him and desired no more than the money lent and paid. Fallowes by persuasion of Cripps was prevailed to become bound to several people in various sums amounting to over 113, for which Fallowes has no counter-security from Cripps and is therefore liable and threatened with arrest. For this and other kindnesses, Fallowes might reasonably have expected a more grateful return than a vexatious suit in this Court. He asks to be dismissed with his reasonable costs and charges. Signed: George Clive

1708

From: 1708 To: 1708

2, No. of pieces: 1

Secretary Hand

sheets of paper

item

Fallowes, Thomas,
Cripps, John,
Atkinson, Thomas,
Studley, Joseph,
Clive, George

debt, attorneys, Cornhill Swan and Hoop, physic, bonds, Lambeth Marsh, City of London Cornhill