MRP: C6/573/2 f. 1
C6/573/2 f. 1
Editorial history
14/11/11, CSG: Completed transcription as far as possible given the damage to the original document and heavy folding
Contents
Abstract & context
Lambert P?itches Charles Thorold Hugh fforth Marchants & one George Clerke silkeman & sewall others who pretend themselves to bee Creditors
Refers to everall Attachm:ts one in the Sheriffs Court in London & the other in the Maiors Court in London
Suggested links
See Nicholas Abdye will (Nicholas Abdy mentioned frequently in trancription)
To do
(1) Review the transcription and write a proper abstract & context
Transcription
XXXXXXXXXXXXXXXXX
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....
//XXXXXXXXXXXXXX hono:ble the Lord XXXXXXXXXXXXXXXXXXXXXXXXXX//
//[?Humbly] complyning XXXXXXXXXXXX your good Lo:pss your dayly Orator Robert Abdy of Albyns in the County of ?Middx XXXXXXXXXXXXXXXXXXXXXXX//
//That whereas John XXXXXXXXXXXX Marchant XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXX James Crofts accordingly XXXXXXXXXXXXX the XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXX of the XXXXXXXXXXXX due to one Robert Taylor Master of the said shipp XXXXX the summe of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXX which currants and money deteyned did belong to the said Nicholas Abdy and the XXXXXXXXXXXXXXXXX John ffairfx and Thomas Barnesley XXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXX John ffairfax Thomas Barnesley and Nicholas Abdy being beyond the seas your said Orator XXXXXXXXXXXX the said ffairfax Barnesley and XXXXXXXXXXXXXXXXX//
//XXXX ?harmelesse from all troubles touching the same which your said Orator was constrayned to consent unto in XXXX uppon the said Crofts uppon your Orators XXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXX into and delivered to the said Crofts condiconed to save the said Crofts harmelesse as aforesaid paid your Orator the said summe of three hundred twenty XXXXXXXXXXXX XXXXXXXXXXXXXXX//
//XXXXXXXXXXX by the said bond & condicon remayning in the hands of the said Crofts whereunto to your Orator for more ?certainty XXXX confesseth himselfe XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXX as Executor of the said Nicholas Abdy his said decd brother your Orator having in due forme of Lawe ??proven ??the ?will of his said brother Nicholas & XXXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXAnd your Orator further sheweth that since the receipt of the said three hundred twenty five pounds sixe shillings & fower pence ?aforesaid XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//XXXXly commenced against the said Crofts for the ?detayininge of the said three hundred twenty five pounds six shillings & fowre pence in dXXXXXXXXXXXX your Orator by reason of his XXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXX as aforesaid hath really expended therein the summe of seaventeen pounds eleaven shillings & two pence of which XXXX & other suites ??since XXXXXXXXXXXX against your Orator XXXXXXXXXXXX//
//XXXX money your Orator acquainted and Lambert P?itches Charles Thorold Hugh fforth Marchants & one George Clerke silkeman & sewall others who pretend themselves to bee Creditors XXXXX//
//ffairfax ?who ??earnestly pressed your Orator to XXXXXX the ??same money in your Orators handes till some agreement XXXX made concerning the XXXXX of the same there XXXXXXXXXXXX//
//Comission of Bankrupts taken out against the said John ffairfax or an intention to take out a Comission of Bankrupts against the said ffairfax to the ?intent that ?a very XXXXXXXXXXX//
//ffairfax might have his equall ?prvision of soe much of the said summe of three hundred twenty five pounds sixe shillings & ?fowre pence or of any of XXX that doth belong to the XXXX//
//according to his respective debt and your Orator hath spent in ??attorneys in defence of the said suites about twenty pounds And yett XXXsoe itt is may it please your good Lo:pps XXX XXXX//
//Gardiner of London Marchant who likewise pretendeth himselfe to be a Creditor of the said ffairfax together with the said ffairfax & the sd XXXX fforth Charles ?Thorold XXXXXXXXXXXXX//
//and alsoe the said George Clerke continue their ?psecucon of severall suites against your Orator not onely in this hono:ble Court But at the said CXXX XXXXX & Clerk by XXXXXXXXXXX//
//rest of the Creditors of the said ffairfax & others whose names your Orator prayeth may be inserted & then made Def:ts in & to this bill when they shall be discovered XXXXXXXXX//
//to charge them have severally made severall Attachm:ts one in the Sheriffs Court in London & the other in the Maiors Court in London of money due to the said Jo XXXXXXXXX//
//to bee in your Orators hands & doe thereby endeavour to recover what they pretend to bee in your Orators hands due & belonging to the said ffairfax And the said XXXXXXX//
//other of the said Confederates in his name have allsoe arrested your Orator into the upper Bench & there hath declared against your Orator in three severall AmXXXXXXXXXXXXXXX//
//of the case uppon an indebitatas assumpsit for one hundred sixtie two pounds sixe shillings & eight pence (for soe much supposed to bee received by your Orator XXXX use XXXX//
//John ffairfax) which is the same for which the Attachments are made in London as aforesaid & an other in an Accon of the case upon an indebitatas assumpsit XXXXXXXXXXXX//
//pounds as executor to his said brother, sor soe much supposed to bee due to the said John ffairfax for the X?gelt of the said Nicholas Abdy & his servants, and allsoe XXXXXXXX//
//case upon a speciall promise supposed to bee made by your Orator for the said servants five pounds pretended to bee due to the said John ffairfax for the XXXXXXXXXXXXXXXXX//
//Abdye and Notwithstanding your Orator hath offered & is ready to pay the the sd summe of one hundred seaventie sixe pounds five shillings & sixe pence as XXXXXXXXXXXXX//
//canne bee made appeare to bee due by your Orator as Executor of the said Nicholas Abdy unto the said John ffairfax soe as your Orator may bee XXXXXXXXXXXXXXXXXXX//
//from the said bond and the said Attachm:ts & suites & all p:rtences of the Creditors of the said ffairfax by reason of any statute of Bankrupts taken out XXXXXXXXXXXXXXXXX//
//the said John ffairfax XXX other troubles concerning the same but they the said John ffairfax Robert Gardiner Lambert ??Pitches Charles Thorold XXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
//and good conscience In XXXXX consideraton whereofe & because your Orator is not only layable to the XXXXXXXXXXXXX//
//severall suites ?menconned as aforesaid but may XXXXXXXXXXXXXXXXXXXXXX
//XXXXXXXXXXXXXXXXX due to the said ffairfax ?uppon a Comission of Bankrupts XXX it XXXXXXXXXXXXX as aforesaid XXXXXXXX//
//?sued forth by the Creditors of the said ffairfax and because itt is against the XXXXXXXXXXXXXXXXXXXXXXXX
//usual Justice of this hono:ble Court to prevent multiplicity of suites To this ?intent
//saved harmlesse from the said bond & all other claymes concerning the said money & ??out of what is due by your Orator to the ?same XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//disbursed by your Orator for preservation of that money in which your Orator is ??concerned ??alsoe XX by any suite
//may sett forth uppon his corporall oath the truth of all & singular the p:rmisses & what & howe many Creditors hee hath XXXX or XXXXX att Lawe And to the XXX said ffairfax//
//in your ?said Orators hand & who they are by name & likewise that the aforenamed Creditors of the said ffairfax & the other when discovered may XXXXXXXXXXXXXXXXXXXXXXX//
//of all & singular the p:rmisses & what title they lay or clayme in & to the said money in your Orators handes & whether the XXX in the hono:ble Court XXX said suites XXXXXXXXXXXX that itt may appeare ?what & XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//of them that ?soe this hono:ble Court may order AXXXXpment one for all by your Orator of what is due from him to them & your Orator XX protected by this XXXXXXXXXXXXXXXXXXXXXXXX//
//protected against the said suites or any other suites to bee comenced against him hereafter for the same & that the said parties may XX pleade amongst themselved XXXXXXXXXXXXXXXXX//
//proceedings uppon the said Attachm:ts & uppon the said suites in the upper Bench may bee stayed until your Orator bee ?secured & this XXX in equity XXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//Witnesses by whome hee should prove the premisses to bee such as are before declared are in the partes beyond the seas & in other XXXX places unknowne to yo:r orato:r XXX to the XXX//
//that your Orator may bee releived in all & every the p:rmisses according to Equity May itt please your Lo:pps to grant unto your orator a writt of subpena to be issued ?out ?of ?this hono:ble ?Court//
//against the said John ffairfax Robert Gardner Lambert ?Pitcher (Or, ?Pitches) Charles Thorold Hugh fforth and George Clerke & other the XXXXXXXXXX and ?confederates XXXXXXXXXXXXX//
//comanding them and every of them att a certaine day & under a certaine paine therein to bee limitted personally to bee & appeare XXX your Lo:pps in the high Court of Chancery then &//
//there true Answear to make
//should meete And the
//any other
Notes
Lambert Pitches[1] is mentioned in the Calendar of the Court Minutes of the EIC, 1644-49, valuing a ship belonging to Maurice Thompson
Hugh Forth was a London merchant. He was elected MP for Wigan in the third Protectorate parliament, 1659, and again in 1660 for the Convention Parliament, though the latter election was nullified.[2]
Possible primary sources
C 5/409/3 Fairfax v. Brown 1652
C 22/478/1 Warner v. Fairfax. Between 1558 and 1714
C 22/481/49 Warner v. Fairfax. Between 1558 and 1714
C 22/829/12 Tempest v. Fairfax 1651
C 22/939/6 Fairfax v. Collier Between 1558 and 1714
PROB 11/258 Berkeley 313-362 Will of Lambert Pitches of Hackney, Middlesex 23 October 1656
PROB 11/399 Dyke 45-90 Will of John Gardiner or Gardner, Merchant of London 14 April 1690
PROB 11/405 Vere 93-139 Will of Charles Thorold of London 12 December 1691
- ↑ See PROB 5/670 PITCHES, Lambert, of Leigh, Essex [Administration act: PROB 6/74] 1698; PROB 5/4009 PITCHES, Anne, of Leigh, Essex, died in Hackney, Middx 1684
- ↑ http://en.wikipedia.org/wiki/Hugh_Forth, viewed 14/11/11
