HCA 3/47 f.35v Annotate

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Suggested links

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Marine Lives Tools

Image

HCA 3/47 f.35v: Right click on image for full size image in separate window

Transcription

alleadged that the same is a sentence passed in ffrance on
the behalfe of the said Kendall and is signed and
sealed with the hands and Seale therein
mentioned and that the parties therein mentioned
and the parties mentioned in the proceedings of this
cause are the same and not divers which allegation
and exhibite hee propounded jointly and severally
and the Judges admitted the same soe farre
as they are by lawe admissible and the same
beinge soe admitted and repeated the said Smith
desired the said ffrancklins answer thereunto
who then denyed the same to bee true./.

James Bartham against the shipp}
the Royall Defence and her}
tackle and ffurniture and against}
Thomas ffreere and Company}
Cheeke}

Which day Cheeke exhibited his
proxy for the said James
Bartham and made himselfe
partie for him and alleadged
that his Client aboute a yeare
and a day since did obtaine a
primum decretum against the said
shippe after some defaults duely
obtained Wherefore hee prayed the said
Thomas ffreere in particuler to bee personally
cited and all others in generall by affixinge a
mandate on the Royall Exchange att the time of
publicke concourse of merchants there to appeare on
Satterday the fifth day of July next betweene the
hours of nine and twelve in the forenoone then
and there to showe cause why the said shippe
tackle and ffurniture should not bee adjudged to the
said James [?Darthram] by a secundum decretum
with intimation etcetera which the Judges at his petition
did decree accordingly./.

harris and others against Waters}
Purrill and others Smith}
Suckley}

Which day the said Smith
offered himselfe readie to
informe in this cause by his
Councell both in fact and in Lawe
and prayed that the Court would
proceed to receave information therein in
the presence of the said Suckleys dissenting and
alleadging that his Clients have had some conference
with Mr Smiths Client concerninge an
Arbitration to bee had and made touching the
busines in question by which meanes hee hath not lately
heard from his Clyent soe that hee is altogether
unprovided to informe in this cause but to avoid
any delay of this cause hee the said Suckley
undertooke that his Clients shall referre the
busines in question to the arbitration of Doctor
Walker and Doctor Turner to which the said Harris
then present in Court did consent provided the said
arbitration bee by them made and finished before
Wednesday next but in case the said difference
shall