Julio Borgarucci vs. Benedict Spinola, 1580

PRO REQ2/17/8/60

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PRO REQ2/17/8/60/1 (complaint)

To the Quenes moste excellente maiestie

In moste humble wise complayninge sheweth vnto yo{u}r excellent ma{ies}tie Iulio Borgarucci one of yo{u}r highenes ordynary phisicions attendant vpon yo{u}r p{er}son, That whereas aboute a yere laste paste one Benedicte Spinola a m{er}chaunte straunger and by yo{u}r ma{ies}ties bountie naturalized here w{i}thin yo{u}r ma{ies}ties Realme was seised of and in Certeyne landes & ten{amen}t{es} lyinge in or nere vnto the p{ar}ishe of St Buttolphe w{i}thout Algate of the Cytie of London / And the said Benedicte so beinge seised did requier of yo{u}r said servaunte that he beinge vrged to sell them, he for frendeshipp and Countrie sake wolde helpe him to a Chapman for them, and in fine declared he wolde willinglie sell them vnder two thowsande poundes / Wherevppon yo{u}r said servaunte takinge a tyme to be advised of them, did after repaire to the saide Benedicte, and tolde him that he did not discretely to offer them to be solde for so smale price, for that they beinge in value p{re}sently worth Clxxxli to be letten or thereabout{es} wolde be solde for aboue two thowsande poundes Wherevppon the said Benedicte vsed theis wordes, or to like effecte, That if he coulde sell them for aboue 2000li, he shoulde haue the half of the ou{er}plus, To w{hi}ch yo{u}r said servaunte did replye and saye that he wolde not gett so much at his hand{es}, but durste venture to buy them of him, him self, and to paye him for them 2400li. Vnto w{hi}ch bargayne they bothe agreed, and he the said Benedict gave to yo{u}r said servaunt certeyne dayes of paymente, wherevpon yo{u}r said servante did procure one Martyn de la faille m{er}chaunte straunger to take vp or haue in a readynes, vijC or viijC pound{es} for him to pay for the said firste paymente, And toke order w{i}th the said Benedicte Spinola aswell for the paymente thereof as also of all the residue of the money w{hi}ch he was to pay to the said Benedicte for the purchase of the p{re}misses / But sone after, the righte honorable Edwarde Erle of Oxenford was let to vnderstande of the bargayne and did ernestlye requier the same, whiche for that yo{u}r servaunt did p{er}ceyve to be a verie benefyciall bargayne, he was willlinge to pleasure the said Erle w{i}th havinge the same, and at his house nighe adioyninge thereunto at sundrye tymes had conference w{i}th divers of his Lordshipps officers that came to viewe & comon w{i}th him for it, And fyndinge in dede the bargayne to be better worthe then 2600li was willinge to conclude w{i}th the said Erle for the same for 2500li and for shorter dayes of payment then him self should haue paide the said Benedicte, to the greate likinge & comodytie of him the said Benedicte beinge then determyned (as he him self saide) to make speedie preparac{i}on of as muche readye money as he coulde, and to dep{ar}te out of this Realme, And yet yo{u}r said servaunte willinge to gratifie the said Benedicte further (as in many other greater causes he before had don to his owne hinderaunce & daunger) and so to pleasure his honorable frende, did declare to the said Benedicte what bargayne he had made w{i}th the said Erle, askinge him howe he wolde deale w{i}th him in so advauncinge his speedie payment, wherevnto he answered that if he wolde torne ou{er} the said bargayne so as the said Erle mighte deale w{i}th him for it at those dayes of paymente, he wolde accorde, and (besides one fountayne & other thing{es} he had before for that and other report{es} given to yo{u}r said servaunt) did also willinglie offer him the Cli w{hi}ch was the ou{er}plus more then him self should haue given to the said Benedicte, wherevnto yo{u}r said servaunte likewise consented & agreed that the said Benedicte should make the bargayne ymediatly w{i}th the said Erle, And so brought the said Erlees officers and him togeather, and they concluded w{i}th the said Benedicte for 2500li with good assuraunce for his money, and the daies of paymente that were promysed. Wherevpon the said Benedicte acknowledginge him self muche beholdinge to yo{u}r said servaunte, p{re}sentlie after he had receyved vCli beinge the firste payment w{hi}ch was w{i}thin vj wekes then nexte followinge or thereabout{es}, he sent Augustine Grassina [Graffina?] his Cassier to yo{u}r said s{e}ruant, declaringe to him that he had receyued of the said Erle his firste paymente willinge him to come to dynn{er}, and that he should haue his promysed Cli. But yo{u}r said servaunte knowinge that the said Benedicte had greate occasion to occupye money, said he wolde not take it till the late paymente, and comynge to dynn{er} to the said Benedicte, he after was likewise willed to receyve the said Cli, w{hi}ch w{i}th like answere as before he refused for that tyme, After w{hi}ch, the said Erle verie honorably p{er}formed all the reste of the p{ro}mysed payment{es} till 2500 was fully paide. After w{hi}ch yo{u}r said s{e}ruant havinge occasion to occupy money, sent to the said Benedicte to haue vpon his bill Cxxxli till a daye followinge meanynge in that meane while to recken w{i}th him for the same, but yo{u}r ma{ies}t{es} s{e}ruice and his laste sicknes after lettinge him till nere the day in his bill conteyned beinge then sent vnto by the said Benedicte that the said daye did approche, he yo{u}r said s{e}ruaunt did retorne in answere that he did well remember his day, and that if he wolde either come or send vnto him & recken w{i}th hym (the hundred pounde that yo{u}r said s{e}ruant was to haue by his p{ro}mise conc{er}ninge the said bargaine of the gardeynes aforesaid beinge deducted) he wold redylie make paymente of the reste, and wold also clere w{i}th him for suche other reconyng{es} as then were dependinge betwene them or to that effecte, But the said Benedicte havinge then receyued all his money of the said Erle, neither regardinge his owne faithfull p{ro}mise bothe of the said hundred pound{es} & of muche more well ders{er}ued [=deserved] by yo{u}r said servaunte aswell in advauncinge his price CCCCCli at the least more then the said Benedicte wold willingly haue sold the said gardens for / In traveylinge also & beinge at good rounde charges to p{ro}cure & take money in a redynes to haue paid the said Benedicte for his firste payment of the said MMCCCCli, as also in neglectinge his busynes & affayers at the Courte & ell{es}where (forbearinge for the space of a moneth to attend his honorable & good frend{es} (whose int{er}teynemente for his Councell in Phisick in that tyme wolde haue ben verie beneficiall vnto him) for that he was occasioned duringe all that while to kepe house nere vnto the said gardens, and to ent{er}teyne all suche as came to be buyers of the same to his greate cost{es} & charg{es}. And lastlie not regardinge that yo{u}r said s{e}ruante in considerac{i}on of the said Cli promysed did Relinquishe & deliu{er} ou{er} the bargayne that him self had made w{i}th the said Benedicte. But contrarye wise the said Benedicte of greedie & covetous mynde, meaninge to abuse the truste that yo{u}r said s{e}ruante had in him, w{hi}ch truste in trothe occasioned yo{u}r said s{e}ruante neyther to deale by wrytinge nor to call any ^\\direct// wytnesses to the said promyse makynge other then the saide Augustine Grassina beinge factor to the said Benedicte, who by chaunce in messages in that cause goinge betwene them was made privie to the said p{ro}mise, He the said Benedicte (thinckinge therefore that by the strickt course of yo{u}r ma{ies}ties lawes yo{u}r said s{e}ruante could hardlie bringe to passe to recover his saide promised Cli) w{i}th a large [& course] conscience dothe deny the payment thereof and wolde vtterlie defeate yo{u}r said servante of the same contrarye to all lawe, equitie & good conscience, vnlesse by yo{u}r highenes and the ordin{ar}ye meanes by yo{u}r ma{ies}tie provided in yo{u}r Courte of request{es} for suche as be yo{u}r s{e}ruantes daylie attendinge vpon yo{u}r person the said Benedicte maye be compelled to declare the truthe of the p{re}misses vpon his othe. In tender considerac{i}on whereof, and for that also yo{u}r ma{ies}t{es} said s{e}ruaunte can hardlie prove the said promyse by the ordyn{ar}ie course of the Comon lawes of yo{u}r ma{ies}t{es} Realme bycause he hathe but one principall wytnes, who beinge s{e}ruante or factor to the said Benedicte may be by him conveyed into suche places vnknowen as that yo{u}r said s{e}ruant could not haue him at an instant to testifie the trothe in the p{re}misses to a Iurye. Maye it therefore please yo{u}r highenes to graunte yo{u}r moste gracious writte of pryvie seale or the ordin{ar}ye messenger of yo{u}r Courte of requeste to be directed or sent to the said Benedicte Spinola Comaundinge him vnder a certeyne payne at a certeyne daye to appeare before yo{u}r ma{ies}t{es} ordyn{ar}ye m{aste}rs of ^\\yo{u}r courte of// requestes to answere to the p{re}misses, & furder to stande to suche order as ye said Courte in y{a}t behalf shall awarde./ And yo{u}r said servaunte accordinge to his bounden duetie shall daylie praye to god for yo{u}r ma{ies}ties moste royall estate in all felicytie longe to reigne.

PRO REQ2/17/8/60/2 (answer)

The aunsware of Benedicte Spinola to the bill of Complayntt of Iulio Borgarucci

The saide Defendaunte saith that true it is That the def{endant} was scysed in his demeasne as of ffee of and in the said gardeyns mentioned in the said bill of Complaynte in or aboute the tyme mentioned in the said bill And this def{endant} beinge thereof scysed did for the some of two thowsand and five hundred poundes of good and lawfull money of England, convey and assure the same to certaine p{er}sons and their heires by the specyall appoyntemente of the said Earle of Oxenford at whose hand{es} this defendaunte receaved five hundred poundes p{ar}cell of the said some. The same five hundred poundes to his owne proper vse to haue and deteyne as forfeyted if soe it weare that the other two thowsande poundes weare not paide w{i}thin a certaine tyme after lymyted. w{hi}ch tyme of paymente beinge paste and the money not paid accordinglie, the said defendaunte not meaninge to take the advantage of the said five hundred poundes, travayled w{i}th the said Earles Officers for the two thowsand poundes whoe greatlie intreated this def{endant} to take vppe the money by exchaunge, and that the said Earle showlde allowe all losses and damages in that case susteyned / And this def{endant} further saithe that he this def{endant} havinge occasion to occupie the said money (meanynge the two thowsande poundes) did saie vnto this Compl{ainant} that he this def{endant} had then greate occasion to occupie the said money and that he woulde be contented to loose one hundred poundes thereof, if he this def{endant} mighte haue the resydue readylie paid vnto him / whearevppon the said Compl{ainant} said that that weare a good bargayne for him the said Compl{ainant} wisshinge that he had knowne the same eighte daies sooner. Wherevppon this def{endant} then further said to the said Complaynaunte yf you can furnishe me w{i}th the said money I wilbe contented w{i}th all my harte that you haue the said hundred poundes and the interest that the saide Earle should paie if he shalbe constrayned to take vppe the said money. W{i}th this neverthelesse that the said Compl{ainant} should dischardge the said def{endant} of ffiftie angells w{hi}ch by the Complaynaunt{es} meanes weare promysed to be paide by this def{endant} to a certaine {er}son whearew{i}th the said Compl{ainant} was verie well contente, and toke respite for five or sixe daies for p{ro}vidinge of the same money / And w{i}thin a fewe daies after, the said Complaynaunte came to this def{endant} and did let him to vnderstand that he could not provide above three or ffoure hundred poundes / And there vppon this def{endant} said vnto the said Compl{ainant} that he this def{endant} was sorie that the said Complaynaunte coulde not gaine the said hundred poundes nor yet this defendaunte coulde gette the resydue of his money as he made his reacon{n}ynge to haue byn sure thereof and not to haue fayled wheare unto this Compl{ainant} said (non importo) that is to saie noe force and soe they dep{ar}ted Contented to this defendaunt{es} iudgmente. Without that that this def{endant} did reqwire the said Compl{ainant} to be a Chapman or to deall for the said gardeyns, but by the reqweaste of the said Compl{ainant} / or did declare vnto him that he this def{endant} would haue willinglie sold the same for two thowsand poundes or that the said Compl{ainant} did saie to this def{endant} that he this def{endant} did not discreatlie to offer the said gardeyns to be solde for soe small a price Or that this def{endant} did vse theas or the like woordes, to the said Compl{ainant} viz. Yf you can sell the said gardeyns for above two thowsand poundes you shall haue thone half of the overplus / Or that he the said Compl{ainant} did saie that he woulde get somuch at this Defendaunt{es} handes / Or did saie to this def{endant} that he the said Compl{ainant} durste adventure to bwy of him this def{endant} and to paie him [somuche] [+the] same two thowsand and foure hundred poundes, or that they bothe agreed vnto the same bargaine, or that this def{endant} gave vnto this Compl{ainant} anie daies of paymente for the same. Or that the said Compl{ainant} to the knowledge of this def{endant} did procure the said Martyn delafaylly to take vppe or haue in readynes seaven or eighte hundred poundes for the said Compl{ainant} to paie for the firste paymente / Or did take order w{i}th the said def{endant} for the paymente thereof or for the paymente of the resydue / Or that the said Compl{ainant} to the knowledge of this def{endant} had anie such contracte or agreamente w{i}th the said Earle for the sale of the said gardeyns or for the price thereof, or for the daies of paymente, Or that the said Compl{ainant} did declare to this def{endant} that the said Compl{ainant} made anie such bargayne w{i}th the said Earle. Or that the said def{endant} did saie to the said Compl{ainant}, that if he the said Compl{ainant} woulde turne over the said bargaine vnto the said def{endant} soe as the said Earle mighte deall w{i}th this def{endant} for it at those daies of paymente, he this def{endant} would accord and besydes, a ffountaine and other thing{es} w{hi}ch this def{endant} had before that tyme, for that and other respect{es} geven to the said Compl{ainant} did offer vnto the said Compl{ainant} the said hundred poundes as in the said bill is alleaged, Or that therevppon the said Compl{ainant} did bringe the said def{endant} and the said Earles officers togeather / Or that the said def{endant} vppo{n} the receipte of the said five hundred poundes did send the said Augustyne Grassinea [Graffinea?] to the said Compl{ainant}, declaringe, that he had receyved the firste paymente, reqwiringe the said Compl{ainant} to come to dynner to this def{endant}, Or that the said Compl{ainant} should haue his promised hundred poundes, Or [that the] said Compl{ainant} did saie that he would not take it vntill the laste paymente. Or that the said def{endant} willed the said Complaynaunte to receave the same Or that the same Compl{ainant} did refuse the same w{i}th like aunsweare as is before declared as moste straungelie in the said bill is alleaged / And the said def{endant} further saithe that he this def{endant} did in trothe lend vnto the said Compl{ainant} the said some of [two] \\one// hundred and thirtie poundes to be paid at a daie nowe paste / The daie of paymente wheareof [nowe] approchinge and the said Compl{ainant} beinge put in mynde thereof the said def{endant} seekinge the paymentes of the said money w{hi}ch this def{endant} did lende him the said Compl{ainant} and then vtter and publishe the said supposed promise, seekinge thereby to ease him self of the said payment beinge a thinge not once before that tyme heard of by the said def{endant}. And for that the said def{endant} dyd and doth reqwire the paymente of the said money (as lawfull is for him to doe) the said Compl{ainant} as this def{endant} doth verelie thincke hath devised the said promise as a shifte to shifte this def{endant} frome his said due debte w{i}thout that that the said Compl{ainant} was at anie Chardges in drivinge of the said bargaine w{i}th the said Earle or in procuringe or takinge vppe anie money for the same to the knowledge of this def{endant} Or that by occasion thereof he the said Compl{ainant} was by anie waies or meanes dampnyfyed / ffor the said def{endant} saithe that he this def{endant} did for the verie good will that he did beare vnto the said Compl{ainant} and in recompence of small pleasures that the said Compl{ainant} had done to this def{endant} bestowe vppon or give vnto the said Compl{ainant} a ffountaine of white marble woorth two hundred Crownes and a Cesterne of lead and divers other benefitt{es} to a verie good value / And thereby doth thincke that the said Compl{ainant} was bounden in frendshippe to haue don more for the said def{endant} then the said Compl{ainant} hathe set forthe in the said bill, Albeit that in verie deede the said Compl{ainant} to the knowledge of this def{endant} did not for the said def{endant} doe anie of the said thing{es} mencioned in the said bill of Compl{ain}t W{i}thout that that anie other matter or thinge in the same bill alleaged and in this aunsweare not sufficientlie confessed and avoyded denyed or traversed is true / All w{hi}ch matters this def{endant} is readye to averre and prove as this honourable corte shall award and prayeth to be dysmyssed out of the same w{i}th his reasonable cost{es} in this wrongfull suite susteyned.

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