| Description | 1. Edward Brereton of Borras, co. Denbigh, esq.
2. Thomas Carter of Kinmell, esq.
Defeasance upon several judgments entered against the said Thomas Carter in the Court of Common Pleas for the non-payment of a debt. Recites that the said Brereton at the request of Carter and together with Edward Helwall of Plas Y Ward, esq., and Bevis Lloyd of Llanyminech, co. Salop, esq. became bound to Henry Bourne of London in 7 July 1675 for the payment by Carter of £103. This debt was not paid and the bond became forfeit. Carter had on the same date become bound to Brereton in £300 for the paymentof the £103 mentioned in the first bond. This was also not paid, Brereton then sued forth a writ of habeas corpus out of the Common Pleas directed to the warden of the Fleet Prison where Carter was then a prisoner, directing him to bring Carter to the Court to answer Brereton in a plea of debt. Brereton obtained Judgment against him for the said £300 and costs, but when he afterwards sued forth another writ to the Warden of the Fleet against Carter, to charge him in execution of Brereton's suit for the said debt, the warden returned that Carter had escaped from his custody.
It is now agreed between the parties that if Carter pays the sum of £50 down and the balance of the £103 before 30 April 1695 to the executor of the said Henry Bourne, who is now dead, and if he also before 4 June delivers to Brereton a lease granted to Carter by the Dean and Chapter of St. Asaph of certain tithews in Llanvaire near St. Asaph to indemnify Brereton from the first bond, then Brereton will give sufficient warrant of attorney for acknowledging satisfaction upon the judgment obtained against him, and will also discharge the Warden of the Fleet from the action which he has now against him by reason of Carter's escape. |