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of 400 ''li'' or of whatsoever other summe … of 400 ''li'' or of whatsoever other summe of money<br />
proceedinge of the sale of the said shippe and<br />
goods in case the same shalbe by this Court adiudged<br />
to belonge to the said Alexander Simons, and the<br />
rest of the parties before mentioned, and to pay<br />
the expences of suite in case the said Cooke shalbe<br />
overthrowne, And unles et cetera Which Caution the Judges<br />
receaved, and decreed the said moneys to be<br />
released from the arrest Then the said Budd gave<br />
an allegation in writinge which the Judges at his<br />
petition did admitt soe farr as the same is by Lawe<br />
admissible which beinge soe admitted and repeatedm and<br />
the said Smith not beleevinge the same to be true The<br />
said Bud upon the said allegation produced the said<br />
henry Cooke as a party principall whome the<br />
Judges receaved and administred an oath unto him<br />
to make a true answere unto the same and monished<br />
him to give in his answere within a weeke/
Edward Prescot, Michaell and}<br />
Edward Randall against James}<br />
Read, ffrancklin Colequite}
Which day the said ffrancklyn<br />
alleadged that his Clients<br />
have necessarie wittnesses<br />
in severall partes beyond the<br />
Seas and here in England for the<br />
proofe of the allegation by him in this<br />
cause given and admitted for whose<br />
examination he desired a Commission to be<br />
decreed in the presence of the said Colequite<br />
dissentinge et cetera But the Judges did decree one<br />
Commission for examination of wittnesses to be [?sped] at<br />
Salem in Newe England from the first day of<br />
July 1654 to the last day of Aprill 1655<br />
next returneablle within a yeare Another to be<br />
[?sped] at the Canaries from the first day of July<br />
to the last of March in the yeare 1655 returneable in twelve monethes, and another to be [?sped]<br />
at Newcastle upon the [BLANK IN MANUSCRIPT] dayes of<br />
[BLANK IN MANUSCRIPT] returneable in this fower monethes and<br />
assigned the said ffrancklin to give Baile for the<br />
payment of costs and charges before the extracting<br />
the said Commissions./
Waters and others against Bland}<br />
Budd Suckley}
'''ffriday the 21th of'''<br />
'''Aprill 1654''' before the<br />
worshipfull William Clarke and<br />
John Godolphin doctors of the<br />
lawes Judges et cetera in the dyninge<br />
Chamber et cetera in the presence of Samuell<br />
howe notary publique Appeared personally<br />
the said Richard Waters master of the shipp the<br />
'''Three Brothers'', and by vertue of his corporall<br />
oath to him administred by the Judges did depose<br />
that the severall persons mentioned in the list annexed<br />
to the allegation in the cause on the behalfe of the said<br />
W[?or]ters and Company did serve in the said shipp<br />
the voyadge in controversie, and were hired to<br />
serve at the respective rates and monethly wages<br />
therein expressed, and they did serve in the saide<br />
shippe the respective tymes therein mentioned<br />
And then the Judges at the petition of the said Bud<br />
did assigne to heare this cause upon wednesday next at<br />
2 of the Clock in the afternoone and to heare all such witt=<br />
nesses as shalbe then produced viva voce on both sides and to<br />
give a finall determination to the same the time aforesaid<br />
in the presence of the said Suckley not dissentinge et cetera.he said Suckley not dissentinge et cetera. +
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