C3/404/43
Sir Arnold
Harbert c. Richard Ballard, Abraham and Elizabeth Heynes and Caleb Whitefield
Bill of
Complaint of Harbert, 31 January 1637/8
He and
Thomas Morgan stood surety for a debt of William Harbert of Cardiff. A bond of
obligation for 200 pounds was entered into on 18 November 1618 whereby they
became bound to Thomas Ballard, then of Woodhouse in Essex for repayment of the
debt of 100 pounds. The bond became due on the following 27 May. William Harbert
did not perform his part of the bond and Thomas Ballard obtained judgement
against the plaintiff as surety in the Court of Common Pleas in 1623/4. An
amicable agreement was eventually reached between the plaintiff, William Harbert
and Thomas Ballard and the latter never pursued the matter further in his
lifetime. They were all solvent men and well able to pay the debt. William
Harbert died possessed of a great personal estate, which came into the hands of
William Harbert, his son. Thomas Morgan also died with a large personal estate.
This went to his son, William Morgan at whose death, it came down to Thomas
Morgan.
Richard
Ballard was executor of the will of Thomas Ballard. He along with Elizabeth
Heynes, the daughter of Thomas Ballard and her husband, Abraham along with Caleb
Whitefield have pursued the Common Pleas judgement against the plaintiff (which
Thomas Ballard had not done), having found the uncancelled bond with his papers.
Maintains that the debt has been honoured and the bond ought to have been
cancelled.
Answer
of Richard Ballard,
30 March
1638,
Not sure of
the details of the parties who entered into the bond in question, not whether
any payment was ever made to Thomas Ballard or whether the bond should have been
cancelled or that Thomas rested ‘quiet and content’ with satisfaction
received. But believes it to be true that Thomas Ballard received judgement upon
the bond and did not proceed with it because he died shortly afterwards. Denies
all knowledge of the affairs of the Harberts and the Morgans. Thomas Ballard
made the defendant, as his brother, executor of his estate. He died about 14
years ago and Richard found the bond in question amongst other bonds still in
force and not amongst loose papers as is alleged in the bill. The defendant
(being aged and unable to travel much) determined to put in a suit (ie employ a
legal representative). Notes that a portion of any debts were due to Martha, the
wife of Abraham Heynes and Elizabeth the wife of William Cleggett, daughters of
Thomas Ballard, for whom his personal debts and estate were intended when they
came of age. He put over to them such bonds as were in his hands, which would
make up their portion. He delivered the bond in question about two years ago to
Abraham Heynes and authorised him by Letter of Attorney to pursue the claim in
law and Caleb Whitefield was instructed by Heynes to do this. Denies he refused
to pursue the matter in the lifetimes of William Harbert and Thomas Morgan
because they knew that the bond had been satisfied or that he did not pursue it
because he knew the bond was satisfied.