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Robert & Elizabeth Lowndes v Thomas & Hannah Faldoe, 1669
National Archives, C7/582/96
Robert and Elizabeth Lowndes kept The Angel. This case reflects Robert's financial troubles which had already led him to mortgage it in 1664. William Yovick who supplied The Angel with wine died in the Plague of 1665. Edward Palmer, who is mentioned here as buying Robert's property which the bailiff had seized, became the outright owner of The Angel in 1670.
The full text is given here apart from repetitive phrases and the very wordy conclusion to the bill of complaint, but full stops and words in square brackets have been added to make it easier to follow. There are no paragraphs in the original. There is a glossary of legal terms at the end.
[f.1] To the R(igh)t Hono(ra)ble Sir Orlando Bridgman Lord Keeper of the Great Seale of England
20 November 1669
Sheweth Robert Lownds of Winslow Gent and Elizabeth Lownds his wife that Elizabeth by Roberts permission & allowance doth use the Trade & Imployment of Keeping of an Inne in Winslow which shee hath done for many yeares past & having formerly had some small dealing with one William Youicke late of London Winecooper decd for Wine to bee sold in her said Inne Which Wm Youick sent downe from tyme to tyme by ye Carryer or Carryers & received money for the same of [them] & others to a full vallue of all such wines as Elizabeth did ever send for or was ever sent & delivered unto her by Youicke, & the same moneyes was from tyme to tyme duely and truly paid unto Youicke or his then Wife with his allowance and approbacion which Youicke if hee were living would not deny.
But Youicke about the latter end of the late greate sicknes & plague in London made his last will & Testament & thereby made Hannah Taverner of the parish of St Clements Danes Widdow his sole Executrix and suddenly after dyed. And Hannah proved the Will & within a while after was marryed to one Thomas Faldoe and in short tyme after Thomas & Hannah sued Robert to an Outlawry without his knowledge (pretending much money was due unto them). But when [he] had notice thereof hee much wondered thereat in regard he never knew or heard of Thomas Faldoe nor of Hannah his wife nor of the said Taverner and although [he] was fully sattisfyed that hee did not owe anything to Youick when hee made his Will Yet [he] did Fee his Attorney & gave him money and order to reverse the Outlawry & appeare for [him]. And presuming his Attorney would (as his duty was) carefully look after and well mannage his Cause for him, [Robert] did not then for the present look any more after the busines expecting to heare thereof from his Attorney.
Nevertheles through the default of [the] Attorney Faldoe obtained a Judgment against [him] in his Majesties Court of Common Pleas at Westminster for £62 without any legall tryall att all or knowledg of [Robert] who expected to have a faire tryall and well hoped to have gotten a verdict on nonsuite against Faldoe in regard there was not one penny due unto him upon any Account whatsoever. Howbeit instead thereof and before that ever [Robert] was aware thereof Faldoe sent down a Writt of fieri facias to ye Sherriffe of Bucks who sent his Warrant & levyed [his] goods for the £62 to his exceeding great damage Imploying therein one George Morris a Scrivener to Act for him by vertue of a Lettre of Attorney by Faldoe to him sealed and Delivered as was then alleadged by Morris. By vertue of which power Morris (seing [Robert] to bee plunged into greate misery) att ye earnest begging & intreaty of [Robert & Elizabeth] and of severall Neighbors then present was pervaded to take good Security for the debt which was tendred unto him & of whose ability [Robert] beleiveth Morris made a perfect inquiry & being sattisfyed therein accepted of the Security (that is to say) of Richard Shreive of Lee in the parish of Quainton Gent & Wendover Lownds of Winslow Yeoman which persons entred into a Warrant of Attorney to confess a Judgment for £100 att the suite of Morris.
Which being done Morris discharged the Sherriffe & suddenly after caused the Judgment to bee entred & not many weeks after that Shreive & [Elizabeth] repaired to London to Endeavor to compose all matters & differences with Faldoe & Hannah his wife & Morris which they accordingly did and then [Elizabeth] being an Ignorant person was compelled by Morris (against all equity or good Conscience) (and without [Robert’s] consent) to agree to pay £39 unto Faldoe in full of all dues & demands concerning the premisses although shee well knew that according to equity and good conscience shee ought not to pay one penny thereof which said £39 was to bee paid att severall payments in manner following (that is to say) £10 thereof presently in hand att the tyme of the Agreement & was soe paid accordingly by [Elizabeth, Robert] not knowing thereof nor agreeing thereunto, £29 the remainder of the £39 [according to the agreement].
Morris sealed and delivered a Defeazance unto or to the use of Shreive & Wendover Lownds setting forth that if they should pay Faldoe £29 as was appointed in the defeasance Morris should cause Sattisfaction of the Judgment to bee acknowledged upon record, which money Shreive alleadgeth that hee hath paid unto Morris or Faldoe. [Robert] being willing to secure Shreive at his request gave him a Warrant of Attorney to confess a Judgment for £40 presuming Shreive would with pacience continue his love & favour towards [him] for a little tyme till [he] might bee enabled to give him sattisfacion.
Shreive intending to deceive [Robert] told him the Warrant of Attorney was naught and desired [him] to give him a Bill for payment of three score pounds payable att a certaine day now past which [Robert] ignorantly alsoe did and with him Wendover as bound for ye payment thereof. Not questioning the honesty of Shreive [Robert] gave him all suche security onely for his indemnity for the £39.
Afterwards Shreive desired [him] to give him another Warrant of Attorney for another Judgment of Four score pounds to bee confessed to him in regard that his Councell (as hee alleadged) had advised him that neither the Warrant for £40 nor the bill for £60 was good for anything. [Robert] paid Shreive £20 in money and goods in hope that Shreive would kindly have used [him] & tarry some little tyme for the residue of the £27. But Shreive, Faldoe and Hannah and Morris by combinacion have endeavoured to make [him] pay all the summes of money to [his] wife & childrens utter undoeing and destruccion.
The Sherriffe sent forth his Bayliffe with Execucion against [him] and seized all [his] Household goods Cattell corne & hay upon the Warrant of Attorney for £40 and 40s costs, the goods being sold unto one Edward Palmer of London Gent for £42 because [Robert] was & is very poore & not able to pay the debt. Shreive not being contented doth still endeavour to take out execucion upon a Judgment of £60 on [Robert] & Wendover. Faldoe and Hannah give out they will yet recover £80 of [Robert] & Wendover. Shreive & Morris have paid or are contriving to pay the £29 (which was paid to Morris) unto Faldoe & Hannah, and Shreive to goe away with the £20 in money and goods & the £42.
Mrs Faldoe upon Account with [Elizabeth] demanded but £3 & offered to discharge [Robert] from all demands but Mrs Faldoes book being cast up and the Acquittances compared therewith it plainly appeared that there was nothing due unto her and therefore [Robert] refused to pay her any money ...
[signed] Anth. Collins
[f.2] The answer of Thomas Faldoe and Hannah his wife
... They believe the complainants doe use the trade of keepinge an Inne. The complainants have had great dealings with William Yeowicke for wyne. Yeowicke did receive several sumes of money from the complainants or by some Carrier. They do not believe the complainants did pay Yeowicke for all such wynes as Elizabeth did send for. Nor do they believe Yeowicke ever had a wife.
At the death of Yeowicke there was due to him £57 10s 2d for wynes. Yeowicke a little before his death had caused the accompts to bee cast up. Yeowicke made Hannah Taverner his sole executrix & shortly after dyed & Hannah proved the will & afterwards these defendants intermarried.
They caused Robert to bee sued to the outlawry and had him taken upon a capias utlagatum and then Robert appeared. In Easter Terme 1668 a meeteing was had between the defendants and Elizabeth. The defendants were willing to have accepted of £30: £4 on 5 May next, £10 on 26 May, £6 on 10 August, £10 on 30 October.
Robert by his Attorney confessed a Judgment to Faldoe by non sum informatus. The first three payments beinge wholely unpaid Faldoe did in vacacion after Trinity Terme 1668 take out a fieri facias and did send down George Morris to get it executed with a Letter of Attorney to receive moneys. Judgment was entered in His Majesties Court of Common Pleas for £60 debt & £2 damages. The defendants did never authorize Morris to take security for any moneys oweing to them in his owne name. Shreive and Wendover Lownds did give a Warrant of Attorney to confesse Judgement of £100 at the suite of Morris and Morris caused Judgement to bee entred.
Faldoe on 14 Nov 1668 did receive from Shreive £10 in parte of the moneys to him oweinge. Faldoe having beene at very great charges to procure Robert to bee arrested was contented to take £29 more. Elizabeth did not pay him £10. The £29 remainder of the £39 was agreed to be paid: on 5 Dec 1668 £4, [new hand] on 2 Feb £12 10s, on 3 June 1669 £12 10s. Some such defeasance was sealed and delivered by Morris.
Faldoe denyeth that any parte thereof was paid to him. The defendants do not know what security Robert did give to Shreive. Hannah doth deny that shee demanded but £3 ...
[signed] Sam: Rowe
Notes
National Archives, PROB 11/318/78 Will of William Yovicke or Yovick, Citizen and Cooper of Saint Clement Danes, Middlesex. Made 3 Oct, proved 5 Oct 1665. Leaves everything “unto my very loving and good friend Hannah Taverner”.
Thomas Faldoe and Hannah Taverner were married at St Michael Paternoster Royal on 23 Nov 1665.
Warrant of Attorney: A written authorisation that allows an attorney named in it to appear in court and admit the liability of the person giving the warrant in an action to collect a debt.
Defeazance: An instrument which defeats the operation of some other deed between the same parties. (Enc.Brit.)
Sued to outlawry: If a defendant failed to appear in court, writs of capias were issued to the sheriff, then a writ of exigent; after the fifth proclamation the defendant was declared an outlaw. A new writ of capias utlagatum could be issued out of the courts of King’s Bench and Common Pleas. A special writ of capias utlagatum could also command the sheriff to seize possessions. (National Archives).
Non sum informatus: A formal answer made by the defendant’s attorney in court to the effect that he has not been advised of any defence to be made to the action. Thereupon judgment by default passes. (Black’s Legal Dictionary)
Confession of judgment: The defendant did not enter a plea but confessed the accuracy of the plaintiff’s claim or withdrew a plea already entered.
fieri facias: Writ of execution for the sheriff to levy on the debtor’s goods.
Richard Shreive's reply has been preserved separately (C 10/103/104). Some of the document is illegible (marked with ---). It has been summarised below.
Shreive knew nothing about the dealings with Yeowicke. He heard about the writ of fieri facias against Robert for £62. He met Wendover at the desire of Robert. To redeem Robert’s goods, he (who?) sealed a warrant of attorney to confess judgment for --- debt besides costs to Morris who pretended he had a letter of attorney from Faldoe. On 10 Oct 1668 Shreive paid to Thomas Harborne the younger the under-sheriff’s son £8 and Robert paid him 40s, and Harborne gave Shreive a receipt for £10. In Michaelmas term 1668 judgment was entered by virtue of the warrant of attorney against Robert and Wendover for £100. On 14 Nov Shreive paid Faldoe £10 and the judgment was defeazanced --- payment of £29 to be made to George Morris: on 5 Dec 1668 £4, on 2 Feb 1668 £12 10s, on 19 May 1669 £12 10s. Shreive made the payments, bringing the total of Robert's debt to him to £47, and he paid Morris ---- for charges. Robert several times promised to pay him, and to save him harmless from the judgment of £100. Robert sealed a warrant of attorney to confess judgment of £40 to Shreive. Shreive saw it would not be sufficient to save him harmless. On 1 Sep last he and Robert came to accompt. Robert was found to owe Shreive £60 3s besides £3 13s 6d for a mare he sold to Robert and [?16s] for 4 bushels of maslin. Robert gave him a bill dated 1 Sep last where he acknowledged he was indebted for --- 3s to be paid at Michaelmas then next. Robert desired Shreive to take his word for ---- 16s. Robert did not pay, except what was paid by virtue of a fieri facias taken out upon the judgment ----- entered against Robert according to the warrant of attorney for £40 and took a fieri facias upon the judgment of £40 -----. Robert’s goods [were?] to be taken by the sheriff. The sheriff paid Shreive £39 18s, but it cost him £4 and more. Morris had a letter of attorney from Faldoe to receive the money from Robert. Morris took warrant of attorney to confess a judgment for £100. Elizabeth and Shreive went to London to settle differences with Faldoe and his wife and Morris. Elizabeth voluntarily agreed to pay £39. Shreive agreed to pay £10. Morris executed a defeazance to the use of Shreive and Wendover for securing the £29. Elizabeth did not pay £10. Shreive told Robert the warrant of attorney to confess judgment for £40 was mistaken ----- [to save him] harmless from the judgment of £100. He desired a warrant of attorney from Robert to confess judgment for ?£80 ----- other judgment from Robert then for the £40. He had no other warrant of attorney. Robert and Wendover were not bound in any other way[?]. His counsel did not deny[?] the warrant for £40 and bill for £60 were good for anything. Robert owes him £30 and upwards above the moneys levied by fieri facias, and if it is paid he will be ready to deliver up the bill for £60 3s. Otherwise he intends to sue on that bill. He denies that he and Morris are contriving to pay £29 to Faldoe and Hannah.