HCA 3/46 f.35r Annotate

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Transcription

Childe ffishman and others}
against Batson and Beane}
Suckley Smith}

Tuesday the 18th day of Aprill
1654 before the worshipfull William
Clarke and John Godolphin doctors
of Lawes Judges et cetera in the dyninge
Chamber et cetera in the presence of Samuell
howe notary publique Appeared the
parties on both sides, and forasmuch as
the wittnesses on the behalf of the saide
Childe and ffishman and Company are bound
out to Dea, and cannot stay to be examined in
writinge The Judges did order their testimonies
to be delivered Viva Voce And then James Goldinge
and William Welch by vertue of their corporall oath
to them administred by the Judges did depose that they
beinge in the shipp the Mathewe bound for Greeneland
did in their course thither see the said shipp The Peace
Whereof the said Child was master surprize and take a
certaine dutch shippe, and that after the taking the
same the said Childe tooke out of the said shippe five
men and putt them on board his owne shippe and putt
five of his owne men on board the said prize, the said
Child arrived with the said shippe at the [?XXXX] at
Greeneland, and had there killed Three Whales before the
rest of the shippes in whose Company she came from
London came and arrived at Greeneland, and they
likewise deposed that it was reported by the Company
of the said shippe the Peace That those men whoe were
taken out of the said Prizem and putt on board the said
shippe The Peace did after their arrivall at Greeneland
performe their service very carefully and were very
industrious in their imployment wherein they were busied
in soe much that the voyage was much furthered by their
Industrie and labour, and that it was likewise reported
that those five men which were putt out of the said shipp
The Peace into the said dutch prize were very idle and
sluggish persons, Then doctor Walker Advocate for the
said Childe, ffishman, and the rest of the Marriners
of the said shippe desired the Court would proceede to
the [?interpretinge] theor order for the distribution of the said
prize proceedinge to the order or reference of the Councell
to them in that behalf made in the presence of the said
Batson and Beane alleadginge that they have severall
obiections against the said master and wittnesses to prove
the same, and desired a tyme for the givinge in of the
same and the production of the said wittnesses, Where=
upon the Judges assigned the said Batson and Beane
to give in their allegations upon Satterday next and
to produce all their wittnesses the same day or upon
Monday next at the farthest/

Conrado de Br[?aell] and others}
against Breedon and yeo, Smith}
Suckley}

Wednesday the 19th day of
Aprill 1654 before the said
Judges in the dyninge Chamber
et cetera in the presence of Samuell howe
notary publique Appeared the saide
Suckley and upon the allegation by him in
this cause given and admitted produced for
a wittnes John durden whome the Judges
receaved and administred an oath unto him to
speake the truth at the time of his examination in the
presence of Smith dissentinge and havinge the
usuall tyme for Interrogatories.