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| − | '''Legal & commercial language (non-latin)'''
| + | #redirect Legal & CommercialTerms |
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| − | '''Editorial history'''
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| − | 08/08/12: WT, created page
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| − | 08/08/12: WT, copied content across from bron.wikispot.org from page XXX
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| − | ----
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| − | '''Purpose of this page'''
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| − | This page provides a dictionary of legal terms taken from mid-C17th High Court of Admiralty documents.
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| − | MarineLives project members are encouraged to add to the terms listed and to add short illustrative snippets from sample transcriptions available at [[MRP: Admiralty court cases|Admiralty Court Cases]]
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| − | ----
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| − | __TOC__
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| − | ----
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| − | ===Suggested links===
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| − | See [[Abbreviations|Abbreviations]]
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| − | See [[Alphabet of ships|Alphabet of ships]]
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| − | See [[Commodities|Commodities]]
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| − | See [[Common Latin Phrases|Common Latin Phrases]]
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| − | See [[Currency and Specie|Currency and Specie]]
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| − | See [[Geographical and Place Terms|Geographical and Place Terms]]
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| − | See [[Marine Terms|Marine Terms]]
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| − | See [[Weights and Measures|Weights and Measures]]
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| − | ----
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| − | ===Index===
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| − | ----
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| − | ====A====
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| − | '''Accompt''' ("this deponents sole accompt" (HCA 13/68))
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| − | '''Advise''' ("lres of advise" (HCA 13/68))
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| − | '''Account''' ("transported to Dunkirke for the accompt and adventure of this deponents")
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| − | '''Accounted''' ("commonly accounted reputed and taken")
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| − | '''Actuary''' ("one of the Actuaries of the Admiralty Court of Bridges")
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| − | '''Allegation''' ("an allegation given against him on that behalfe of..."); ("['Maior Crusoe' is the heading] for a copy of the Allegation 0: 3: 4" (HCA 2/75, no. fol.))
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| − | '''Ancient''' ("a shipp of about a hundred & fifty tonnes birthen & having a white Ancient in her poope" (HCA 13/73)
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| − | '''Answeares''' ("did Commission for the takinge of the answeares of the said Jagee to the said Marriott’s allegations or Libell returnable the last Court day of this Terme" (HCA 3/47, f. 2r, Wed., 4th June 1656))
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| − | '''Answereth''' ("he answereth & acknowledgeth" (HCA 13/19))
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| − | '''Allon''' (abbreviation for "allegation")
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| − | '''Appeale''' ("a business of appeale promoted by Jessop against ?Pim" (HCA 3/47 f.125v; 3rd Nov. 1656))
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| − | '''Arle''' (abbreviation for "article", see arles for "articles")
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| − | '''Arlate''' ("onely one of the fowre English ships arlate" (HCA 13/19))
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| − | '''Assigne''' ("Which day the Judges at Smiths peticon did assigne this cause to sentence upon Thursday the tenth day of this month of June in the afternoone" (HCA 3/47, f. 2r, Wed., 4th June 1656))
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| − | ----
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| − | ====B====
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| − | '''Barter'''
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| − | ----
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| − | ====C====
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| − | '''Cargazoone'''
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| − | '''Cause of complaint''' ("y:e sd Edward Peascott Michaell Peascott & Edward Randall have without iust cause arrested him by warr:t out of this Co:rt to answere them in their p?dsed cause of complaint" HCA 13/128))
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| − | '''Certificate''' ("the certificate is continued untill this day" (HCA 3/47 f. 6r, Wed. 7th June 1656))
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| − | '''Charge''' ("they did freight and imploy their sayd five eighth parts upon their owne charge and Adventure as Owners & freighters of them" (HCA 13/73))
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| − | '''Colourable'''
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| − | '''Common Hall''' ("the wor:ll Charles George Cocke Esq:r one of the Judges in the Common Hall" (HCA 3/47, f. 1v, Wed., 4th June 1656))
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| − | '''Condemned''' ("in case the sayd shipp the ''Morning Starr'' or ''Golden Starr'' be condemned as prize)
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| − | '''Contempt''' ("A business of contempt")
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| − | '''Consideration''' ("for a valuable consideration" (HCA 13/73))
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| − | '''Continuacon''' ("A general continuacon of all causes and certificates" (HCA 3/47 f.149v, Munday, 24th Nov. 1656))
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| − | '''Continued''' ("the cause is continued to this day" (HCA 3/47 f. 6r, Wed. 7th June 1656))
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| − | '''Contumacie''' (HCA 3/47 f. 10ar, Wed. 7th June 1656))
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| − | '''Cort day''' (“the next Cort day”
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| − | '''Cost''' ("at their owne Cost charge & adventure" (HCA 13/73 Part Two))
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| − | '''Credibly''' ("hath bin Credibly informed that the said Cowling was borne at or neere Rippon in Yorkeshire" (HCA 13/73))
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| − | ----
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| − | ====D====
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| − | '''Damnified''' ("the arlate Swift Parker & Harris & other her Owners were damnified" (HCA 13/73))
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| − | '''Dead fraighted'''
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| − | '''Decree''' ("called by decree of this court" (HCA 3/47, f. 1v, Tues., 3rd June 1656))
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| − | '''Default''' ("the second default is granted" (HCA 3/47 f. 6v, Wed. 7th June 1656)); HCA documents describing court process refer to first, second and third defaults
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| − | '''Denison''' ("he is a subiect of this Commonwealth and a denison of England")
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| − | '''Deponent'''
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| − | '''Designe''' ("The p:rmisses hee deposeth, being made privy to the said Designe and Voyage" (HCA 13/73 Part Two))
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| − | '''Dismissed''' ("the cause is dismissed with expences in case Cheeke shall not give a Libell and Baile this Day" (HCA 3/47 f. 8r, 7th June 1656))
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| − | '''Dispoiled''' ("surprized & tooke the sayd shipp ''Lady ffrigott'' and her ladeing of Currants & dispoiled the Owners thereof the same" (HCA 13/73))
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| − | ----
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| − | ====E====
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| − | '''Examination''' ("A business of exammination of witnesses on the behalfe of Robert ?AxXXXk and Company owners of the shipp the ''Endeavo:r''" (HCA 3/47, f. 2r, Wed., 4th June 1656)); e.g. exemplifying a bond
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| − | '''Expences of suite''' (HCA 3/47 f. 4v, 7th June 1656))
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| − | ====F====
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| − | '''fflandrian''' ("a fflandrian man of warr")
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| − | ----
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| − | ====I====
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| − | '''Interrogate'''
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| − | '''Interrogatory (ies)''' ("Crosse Interries")
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| − | ----
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| − | ====K====
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| − | '''Knoweth''' ("knoweth beleiveth or hath heard")
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| − | ----
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| − | ====L====
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| − | '''Ladeing''' ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))
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| − | '''Letters of advice''' ("as hee was informed by lres of advise from Zante" (HCA 13/73))
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| − | '''Libell''' ("the posiccons of a libell given ag:t him" (XXXX); "Examined on the Libell" (HCA 13/73))
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| − | ----
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| − | ====M====
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| − | '''Make for them''' ("To the 12:th pretensed posicon they and either of them answere and accept the contents of this posicon soe far forth as the same doe make for them and not other wise" (HCA 13/125))
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| − | '''Mandate'''
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| − | '''Marshall'''
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| − | '''Marshalsea'''
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| − | '''Merits''' ("the Court havinge made some entrance into the merits of this cause and finding that the same cannott according to the rules of justice bee determined without the p:rsence of William Thwaites the M:r of the said shipp whoe as was then made knowne to the Cort doth absent himselfe for feare of being arrested..." (HCA 3/47 f. 5r, 7th June 1656))
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| − | '''Monished''' (= ?admonished) (HCA 3/47 f. 5r, 7th June 1656))
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| − | ----
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| − | ====O====
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| − | '''Overthrow''' ("endeavour the overthrowe of the voyage" (HCA 13/73))
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| − | '''Overthrowne''' (HCA 3/47 f. 4v, 7th June 1656))
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| − | ----
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| − | ====P====
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| − | '''Partye''' ("hee well knoweth all y:e partyes schedulate" (HCA/73); "she saith she favoureth both the partyes Litigant alike" (HCA 13/73))
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| − | '''Persuaded''' ("verily psuaded in his conscience")
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| − | '''Possession''' ("quiet and peaceful possession [of property, such as a ship]")
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| − | '''Posic(c)ons''' (alias Position) ("he doth not beleeve y:e sd posicons to be true")
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| − | '''Precedent''' ("his p:rcedent answeres" (HCA 13/19))
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| − | '''Precontest''' als. p:rcontest ("his precontest")
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| − | '''Predeposed'''
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| − | '''Preparatory''' ([In an undated list of charges] "ffor y:e deponns in y:e preparatory" (HCA 2/75, no. fol.)
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| − | '''Pretended'''
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| − | '''Pretensed''' ("To 4:th 5:th and 6:th pretensed posicons" (HCA 13/125))
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| − | '''Producent''' ("the said party pducent" (HCA 23/19 no f.))
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| − | '''Prosecute the action''' (HCA 3/47 f. 4v, 7th June 1656))
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| − | '''Protested''' ("the said Nortons bills being protested, the said ffactor had not moneyes to paye for the same and therefor could not nor would not lade them" (HCA 13/125))
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| − | ----
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| − | ====R====
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| − | '''Ranke''' ("the arlate Blaes da La Pina is a Spaniard a subiect of the King of Spayne a merchant Inhabitant of Sevill in Spayne and that he hath bene 30 yeares and upwards, and was and is a merchant of good ranke using to trade betweene Spaine and fflanders" (HCA 13/68)
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| − | '''Reall and true''' ("the sayd bill of sale is reall and the Contents thereof true")
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| − | '''Referreth''' ("he referreth himselfe to the Acts & Registry of this Court" (HCA 13/19): "To the 3.:d. hee cannot depose; saving hee referreth himselfe to his answer to the first Interrie, on y:e other part" (HCA 13/73))
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| − | '''Reladeing''' ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))
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| − | '''Rendent(s)'''
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| − | '''Registry''' (of the High Court of the Admiralty)
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| − | '''Risque''' (" for his the said John Scrother the producents accompt and risque" (HCA 13/68))
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| − | ----
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| − | ====S====
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| − | '''Schedulate''' (" this rendent being M:r & Comander of the ship the ''Peter'' arlate did hyer y:e respective marriners schedulate to serve in the sd ship y:e ''Peter''for the monethly wayges therein menconed" (HCA 137128))
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| − | '''Schedulated''' ("the said severall persons Schedulated" (HCA 13/125))
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| − | '''Schedule''' (" hee was not prsent att y:e forming and figuring the said two schedules arlate"; "the schedule in this article mentioned" (HCA 13/73))
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| − | '''Sentence''' ("To heare sentence at Cheeks peticon saving the examinacon of Suckleys witnesses in case hee shall procure them to bee examined before this day" (HCA 3/47 f. 6r, Wed. 7th June 1656))
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| − | '''Session''' ("the Second session of Trinitie Term being Wednesday the seaventh day of June 1656" (HCA 3/47 f. 5v, Wed. 7th June 1656))
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| − | '''Sign seale and deliver''' [a legal document, such as a will or contract] ("this deponent saw the sayd Samuel Travis sign seale and deliver the same as and for his Act and deed")
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| − | '''Stayed''' ("the sd vessell did sett saile from Naples with ?some goods that shee there tooke in, and in her course towards London was stayed & taken by some vessell of warre belonging to the ffrench as he hath heard & beleeveth & was carryed to S:t Margaretta, and was there detained for some tyme in which tyme he beleeved the S:t Massagrene used meanes to gett of y:e s:d shipp & goods" (HCA 13/128)
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| − | '''Summoned''' ("the Judges at his peticon did decree the said ffredericke de Vincke and William Bussey to bee summoned to appeare personallie in the Hall in the Doctors Commons in the 8:th day after if x:r and to bringe with them the said Cobbwebb lawnes and to deliver them into Court that they may remaine under the said seizure untill it shall be decided by the rules of lawe and Justice to whom they shall belong and to shewe cause if any they have why they should not be decreed to bee delivered to the said Balthazar Marke and John Salmons" (HCA 3/47, f. 1v, Tues., 3rd June 1656))
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| − | '''Sureties''' (= suretyes) ("produced for sureties" (HCA 3/47, f. 2r, Wed., 4th June 1656))
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| − | ----
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| − | ====T====
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| − | '''Teno:r''' ("the sayd Christia Cloppenburgh did signe three bills of lading for the same all of one teno:r" (HCA 13/68))
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| − | '''True owner''' ("true and lawfull owner and proprieto:r of y:e sayd goods")
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| − | '''Trucking''' ("desired the said Lopes to bee Supra Cargoe of the ship that should goe y:e sd Voyage, and to manage the ?Trucking, Selling, and Bartering away of the Outward Cargoe at the said West Indias (sic)" (HCA 13/73 Part Two))
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| − | -----
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| − | ====U====
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| − | '''Unladeing''' ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))
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| − | ----
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| − | ====W====
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| − | '''Warrant''' ("made himselfe partie for them and p:rsented to the Judge a warrant from his highnes the Lord Protector and his Councell for the issuinge forth of letters of Reprisall to the said Coxiter and Chadwick for the satisfaction of such summe" (HCA 3/47 f. 5r, 7th June 1656))
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