Difference between revisions of "Legal & Commercial Terms"

Latest revision as of 21:13, February 28, 2018

Legal & commercial language (non-latin)

Editorial history

08/08/12: WT, created page
08/08/12: WT, copied content across from bron.wikispot.org from page XXX

Purpose of this page

This page provides a dictionary of legal terms taken from mid-C17th High Court of Admiralty documents.

MarineLives project members are encouraged to add to the terms listed and to add short illustrative snippets from sample transcriptions available at Admiralty Court Cases. The appropriate HCA reference, together with folio number, if available, should be noted in brackets after the snippet.

Suggested links

See Abbreviations
See Alphabet of ships
See Commodities
See Common Latin Phrases
See Currency and Specie
See Geographical and Place Terms
See Marine Terms
See Weights and Measures

Index

A · B · C · D · E · F · G · H · I · J · K · L · M · N · O · P · Q · R · S · T · U · V · W · X · Y · Z

A

Accompt (1. "this deponents sole accompt" (HCA 13/68); 2. "transported to Dunkirke for the accompt and adventure of this deponents")
Account
Aclate
Acts ("he referreth himselfe to the Acts & Registry of this Court" (HCA 13/19)
Actuary ("one of the Actuaries of the Admiralty Court of Bridges")
Advise ("lres of advise" (HCA 13/68))
Affidavit ("a schedule of the said allegaton annexed drawne upp into the forme of an Affidavit, and exhibited into this Court" (HCA 13/68 f.138v))
Agent (1. "hee hath perused the bookes of Accompts both of the sayd Anthony Upton the sayd Boones Agent at Sivill, and alsoe the books of Accompts of the sayd Boone" (HCA 13/71 f.372v); 2."hee this deponent hath receaved letters of advice from one William Wildegoose a factor or Agent for the producente in ffrance bearing date the sixth day of this instant month of May (new style) wherein he did advise this deponent that hee had drawne upon Albertus Skinner of London Merchant for Accompte of the producente Daniell Skinner the Elder Daniell Skinner the younger & Thomas Skinner the summe of six thousand five hundred Livres Turnois" (HCA 13/69 no fol. no. recto, Case: clayme of Daniel Skinner the Elder, Daniel Skinner the younger & Thomas Skinner: Deposition: John Ashurst the younger, of St Andrew Undershaft, merchant))
Allegation (1. "an allegation given against him on that behalfe of..." HCA XX/XX f.XXX; 2. "['Maior Crusoe' is the heading] for a copy of the Allegation 0: 3: 4" (HCA 2/75, no. fol.))
Ancient ("a shipp of about a hundred & fifty tonnes birthen & having a white Ancient in her poope" (HCA 13/73)
Answeares (= answers) ("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))
Answereth ("he answereth & acknowledgeth" (HCA 13/19))
Allon (abbreviation for "allegation")
Appeale ("a business of appeale promoted by Jessop against ?Pim" (HCA 3/47 f.125v; 3rd Nov. 1656))
Arbitrator (2. Were you an . arbitrator or an umpire in matters off Difference between . one . Sampson. off London . merchant & ffrancis Summers off London , m:rchant . and among . their differences did not ffrancis Summ:rs alleadg that the afforesaid Sampson . did by promise or subscription off policy or anothe way insure him 50:li or more or less in the St Jacob off Lubeck one Hans Claeson which said Summe was to reinsure him . pte of 100:li he the said Summ:rs had insured the . said Powys" (HCA 23/19 no fol no., Document Number: ?: Case: James Powys ag:t XXXX : Date: XXXX))
Arle (abbreviation for "article", see arles for "articles")
Arlate ("onely one of the fowre English ships arlate" (HCA 13/19))
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))
Assignement ("it is frequent amongst ?Merchants & their correspondents to transferre and sell & make over one to an other goods shipped, or debts as occasion requireth, in satisfaction of such debts as they owe one to an other, paying transfferences or assignements and hold goods amongst Merchants and generally ?assignes of by them, & they are thereby obliged to pay and make satisfaction according as in the sayd transfferences is declared, And saith without allowance of such transferrences Merchandizeing cannot bee well acted & continuedd amongst traders ?therein" (HCA 13/71 f.373r))

B

Barter
Bill of Exchange ("part of the moneye for paying the sayd shipp was bought paid upon bill of Exchange drawne uppon the sayd ffernandez at Amsterdam" (HCA 13/71 f.282r))
Booke keeper ("hee was formerly booke keeper to Anthony Upton & Company the sayd Boones Correspondents at Civill in Spaine, nor is any way interessed in the clayme Interrogate" (HCA 13/71 f.383r))
Books of accounts ("hee hath perused the bookes of Accompts both of the sayd Anthony Upton the sayd Boones Agent at Sivill, and alsoe the books of Accompts of the sayd Boone, by both which hee doth finde that thes sayd Adrian Goldsmith did transfferre and ?sett over unto the sayd Christopher Boone severall parcells of silver in barrs, and Ryalls, and certayne quantities of Cotcheneale laden aboard the Sampson Salvador St George and Morning Starr aclate in consideration of the severall summes of two hundred thousand Realls" (HCA 13/71 f.372v))
Broker ("the sd John Day did when hee bought any Prize Ship or goods of the sayd Prize Office as á broker for another person or transferred the same to another pson use to bring such pson to the sayd Office to engage to the sayd Office for the paym:t for such Prize Shipp & goods &to get the Com:rs of Collectors of the sayd Office to accept of such engagem:t and himselfe to be discharged, and thereby the sayd John Day became acquitted and thother pson so engaging became liable to pay for the same" (HCA 13/76 Part One f.51r))

C

Cargazoone
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))
Cawse (= cause) ("Interries to be administrated on the behalfe of o:r Soveraigne Lord the Kinge to the Wittnesses produced on the behalfe of S:r Martin Noell in the Cawse (sic) wherein our Lord the Kinge is sette against the said S:r Martin Noell, of which it is desired that the said Wittnesses
may be secretly and severally examined" (HCA 23/19 no fol. no recto, Document Number: 242: Case: XXXX: Date: XXXX))
Certificate ("the certificate is continued untill this day" (HCA 3/47 f. 6r, Wed. 7th June 1656))
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))
Clayments ("Howe sooth hee knowe that the said Michael Dweist and the other Clayments are Owners of the said shippe" (HCA 23/19, Document Number: 4: Case: XXXX: Date: XXXX, no f.,but recto))
Collectors [for prize money] ("lett every Wittnes be asked whether he was at any time p:rsent and did see any money paid by s:r Martin Noell (then M:r Martin Noell) or any on his behalfe to the late Commissioners or Collectors for prize goods or any on their behalfe" (HCA 23/19 no fol. no. recto, Document Number: 242: Case: XXXX: Date: XXXX))
Colourable
Commissioners [for prize money] ("lett every Wittnes be asked whether he was at any time p:rsent and did see any money paid by s:r Martin Noell (then M:r Martin Noell) or any on his behalfe to the late Commissioners or Collectors for prize goods or any on their behalfe" (HCA 23/19 no fol. no. recto, Document Number: 242: Case: XXXX: Date: XXXX))
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))
Condemned ("in case the sayd shipp the Morning Starr or Golden Starr be condemned as prize" XXXXX; "if y:e sd ship and lading bee condemned for prize hee Expecteth a prXXX Share therein" (HCA 13/76 f.25v))
Contempt ("A business of contempt")
Consideration ("for a valuable consideration" (HCA 13/73))
Continuacon ("A general continuacon of all causes and certificates" (HCA 3/47 f.149v, Munday, 24th Nov. 1656))
Continued ("the cause is continued to this day" (HCA 3/47 f. 6r, Wed. 7th June 1656))
Contumacie (HCA 3/47 f. 10ar, Wed. 7th June 1656))
Correspondency ("hee doth not beeleeve there is any Correspondency of trade betweene him the said De la Costa and ffrancis Pardini" (HCA 13/129 no fol. no., recto, Personal answers of Augustine Coronell: Allegation: John Thacker: Date: June 23rd 1659))
Correspondent ("during the yeares 1653 and 1654 and alsoe in the yeare 1655 lived at Sivill with one M:r Anthony Upton & Company who were the Agents and correspondents of the aclate Christopher Boone" (HCA 13/71 f.382r))
Cort day ("the next Cort day")
Cost ("at their owne Cost charge & adventure" (HCA 13/73 Part Two))
Credibly ("hath bin Credibly informed that the said Cowling was borne at or neere Rippon in Yorkeshire" (HCA 13/73))
Crosse Interries (HCA 13/68 f.164v)
Custodie ("the allate Robert Hubbart had the said goods in his Custodie" (HCA 13/71 f.43v)

D

Damnified ("the arlate Swift Parker & Harris & other her Owners were damnified" (HCA 13/73))
Dead fraighted
Dealer ("the arlate John Day who was a very great dealer w:th the sd Prize Office; and did as this depo:t verily beleveth deale w:th the sd Office as a merch:t on his owne acc:t for severall thousand pounds and hee the sd John day bought of the sd Prize Office the arlate Ship Prophet Elias and alsoe the rest of the things arlate" (HCA 13/76 Part One f.51r))
Decree ("called by decree of this court" (HCA 3/47, f. 1v, Tues., 3rd June 1656))
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
Demorage ("...is liable to pay demorage [demurrage] for what tyme sayd shipp should be in delivery..." (HCA 13/71 f.413r)
Denison ("he is a subiect of this Commonwealth and a denison of England")
Deponent
Deposeth
Designe ("The p:rmisses hee deposeth, being made privy to the said Designe and Voyage" (HCA 13/73 Part Two))
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))
Dispoiled ("surprized & tooke the sayd shipp Lady ffrigott and her ladeing of Currants & dispoiled the Owners thereof the same" (HCA 13/73))
Doctor of laws ("a witness sworne before the right Wor:ll John Godolphin doctor of Laws and of the Judges of the high Court of Admiralty" (HCA 13/71 f.307v))

E

Examinate ("To the third Arle and schedule annexed being seen and perused by this examinate at the time of his examination" (HCA 13/71 f.43v))
Exammination (= 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
Embeazled ("hee neither directly or indirectly for his part embeazled or made away any of y:e sd Shipps lading or any of her tackle or furniture nor gave his consent to otheres of y:e Company soe to doe Et neXXX Saving hee beleeveth that he e hath drunke about five gallons of y:e Godliffs wine" (HCA 13/76 f.25v))
Exhibited ("legally transferred to him the sayd Christopher Boone and particularly conteyned in the Instrument of transference exhibited into this Court the 14:th of ffebruary 1654 and remayning in the Registry thereof" (HCA 13/71 f.372v))
Expences of suite (HCA 3/47 f. 4v, 7th June 1656))

F

Factor
Factory ("Is fully convinced and assured that the said schedule being an Invoyce or factory of and for the said goods was and is all written in the proper hand writeing of the said Sheafe?r" (HCA 13/71 f.43v))
fflandrian ("a fflandrian man of warr")
Fraudulent ("hee doth beleive that the said M:r Pardini did in further ?prosequucon of the said fraudulent contrivance betweene him and the said M:r Thacker his sollicitor endorse the bill of ladeing as is alleadged but hee being soe failed & absented hee doth beleive the same is utterly voyd and of noe effect" (HCA 13/129 no fol. no., recto, Personal answers of Augustine Coronell: Allegation: John Thacker: Date: June 23rd 1659))

I

Instrument of transference ("legally transferred to him the sayd Christopher Boone and particularly conteyned in the Instrument of transference exhibited into this Court the 14:th of ffebruary 1654 and remayning in the Registry thereof" (HCA 13/71 f.372v))
Interries (= interrogatories) ("Crosse Interries" (HCA 13/68 f.164v))
Interrogate
Interrogatory (pl. ies)
Instrument
Invoyce ("Is fully convinced and assured that the said schedule being an Invoyce or factory of and for the said goods was and is all written in the proper hand writeing of the said Sheafe?r" (HCA 13/71 f.43v))

K

Knoweth ("knoweth beleiveth or hath heard")

L

Ladeing ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))
Letters of advice ("as hee was informed by lres of advise from Zante" (HCA 13/73))
Libell (1. "the posiccons of a libell given ag:t him" (XXXX); "Examined on the Libell" (HCA 13/73); 2. "this depo:t is well assured it cannot be made appeare that ever the sayd M:r Luke Lucy did ever buy y:e contract for any Prize Ship or goods or Subscribe to any sale or contract for any such ?within the time mentioned in the libell given ag:t him in this cause w:ch this depo:t hath seene" (HCA 13/76 f.51r))
Litigant ("knoweth none of y:e parties litigant saving M:r carrow whom hee hath knowne about seaven monethes last" (HCA 13/76 f.25v))
Lycense ("about the time of the said affreightment there was a generall Embargo upon all English shipps and a generall Imprsse for all seamen in the publiqe service, and the sd Caryll taking notice thereof this deponent heard him promise to procure a lycense for the sd shipp and a proteccon for her mariners from these Imprests And not long after the said promise hee saith the sd Caryll gave by the hands of this deponent to the sd Morley a paper or writing which hee procured upon the sd voyage as also a protection for the security of y:e marriners from the sd Impresse" (HCA 13/76 Part One f.1r))

M

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))
Mandate
Marshall
Marshalsea
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))
Monished (= ?admonished) (HCA 3/47 f. 5r, 7th June 1656))

N

Notary publique ("the second schedule allegate is as hee verily beleiveth the Englishe Translatton of the said Italian instrument w:ch being by him now prused hee ?clearly find to have bin soe translated by Josua Maimet a Notary publique liveing in London and a person to whose translations in this and other cases saith is and hath comonly bin given XXX being a lawfull Notary and is accompted an honest man" (HCA 13/64 f.?v))

O

Overthrow ("endeavour the overthrowe of the voyage" (HCA 13/73))
Overthrowne (HCA 3/47 f. 4v, 7th June 1656))

P

Parties litigant ("knoweth none of y:e parties litigant saving M:r carrow whom hee hath knowne about seaven monethes last" (HCA 13/76 f.25v))
Partye ("hee well knoweth all y:e partyes schedulate" (HCA/73); "she saith she favoureth both the partyes Litigant alike" (HCA 13/73))
Persuaded ("verily psuaded in his conscience")
Possession ("quiet and peaceful possession [of property, such as a ship]")
Posic(c)ons (alias Position) ("he doth not beleeve y:e sd posicons to be true")
Prcrator ("hee doth beleive that hee is the generall prcrator of the Brazeel Company here in this port of London and beleeveth the goods in question are for their account and hee doth beleive hee hath speciall speciall power to interpose & meddle with ?the goods in controversie and to use his endeavours to keepe them from the hands of the said M:r pardini as hee beleeveth which hee is ready to shew to the Court if they shall require the same" (HCA 13/1229 no fol. no., verso & recto, Personal answers of Augustine Coronell: Allegation: John Thacker: Date: June 23rd 1659))
Precedent ("his p:rcedent answeres" (HCA 13/19))
Precontest (= p:rcontest) ("his precontest")
Predeposed
Preparatory ([In an undated list of charges] "ffor y:e deponns in y:e preparatory" (HCA 2/75, no. fol.)
Pretended
Pretensed ("To 4:th 5:th and 6:th pretensed posicons" (HCA 13/125))
Private trade ("thirty Quoyles of Rope two Great Trunks, severall Quarter Caskes with XXX and Oyle, and barrells of Pitch and Tarre, and some other Things which were for y:e said Woods owne Private Trade & account" (HCA 13/73 Part Two))
Producent ("the said party pducent" (HCA 23/19 no f.))
Prooff (= proof) (" if any such allegation. or prooff was made did. you or ells the umpire to y:r knowledg or as you heard give declare graunt or determine the said summes to receive off the sd Sampson either uppon deduction . in accompts or by paym?t off money or any other way any satisffaction ffor the said subscription off y:e afforesaid pollicy" (HCA 23/19, no fol. no., Document Number: ?: Case: James Powys ag:t XXXX : Date: XXXX))
Prosecute the action (HCA 3/47 f. 4v, 7th June 1656))
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))
Publique broker ("the sd John Day was reputed to by a publique broker about twenty yeeres since & this depon:t hath heard and beleeveth that the sd John Day did buy or contract for severall parcells of prize goods both as a broker and XX as merchant on his owne acc:t" (HCA 13/76 Part One f.54v))

R

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))
Reall and true ("the sayd bill of sale is reall and the Contents thereof true" (XXXX))
Receipts
Referreth (1. "he referreth himselfe to the Acts & Registry of this Court" (HCA 13/19); 2. "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))
Registry ("hee refereth him selfe to the Registry of this Court" (HCA 13/71 f.373r))
Reinsure ("did not ffrancis Summ:rs alleadg that the afforesaid Sampson. did by promise or subscription off (sic) policy or another way insure him 50:li or more or less in the St Jacob off (sic) Lubeck one Hans Claeson which said Summe was to reinsure him. pte of 100:li he the said Summ:rs had insured the. said Powys" (HCA 23/19 no fol. no, Document Number: ?: Case: James Powys ag:t XXXX : Date: XXXX))
Reladeing ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))
Rendent(s) ("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 Peterfor the monethly wayges therein menconed" (HCA 137128))
Registry (of the High Court of the Admiralty) (XXXX))
Risque ("for his the said John Scrother the producents accompt and risque" (HCA 13/68))

S

Satisfaction ("the sayd Upton soone after told this deponent that the sayd transfference was concluded upon and made betweene the sayd Boone & the sayd Goldsmith and that hee hoped did longe to have notice from England from the sayd Boone that hee had ?receivedd satisfaction according to the sayd Transfference And of good Accompt & great trafique in Sivill & therefore beleeveth the effect of the sayd transfference to bee reall and undoubtedly true" (HCA 13/71 f.373r))
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 Peterfor the monethly wayges therein menconed" (HCA 137128))
Schedulated ("the said severall persons Schedulated" (HCA 13/125))
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))
Sea breifes ("HCA 13/68 f.304r)
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))
Session ("the Second session of Trinitie Term being Wednesday the seaventh day of June 1656" (HCA 3/47 f. 5v, Wed. 7th June 1656))
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")
Sollicitor ("hee doth beleive that the said M:r Pardini did in further ?prosequucon of the said fraudulent contrivance betweene him and the said M:r Thacker his sollicitor endorse the bill of ladeing as is alleadged but hee being soe failed & absented hee doth beleive the same is utterly voyd and of noe effect" (HCA 13/129 no fol. no., recto, Personal answers of Augustine Coronell: Allegation: John Thacker: Date: June 23rd 1659))
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))
Subscribe ("this depo:t is well assured it cannot be made appeare that ever the sayd M:r Luke Lucy did ever buy y:e contract for any Prize Ship or goods or Subscribe to any sale or contract for any such ?within the time mentioned in the libell given ag:t him in this cause w:ch this depo:t hath seene" (HCA 13/76 f.51r))
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))
Sureties (= suretyes) ("produced for sureties" (HCA 3/47, f. 2r, Wed., 4th June 1656))

T

Teno:r ("the sayd Christia Cloppenburgh did signe three bills of lading for the same all of one teno:r" (HCA 13/68))
Transferrs (HCA 13/76 Part One f.53v))
True owner ("true and lawfull owner and proprieto:r of y:e sayd goods")
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))

U

Umpire ("3. if any such allegation . or prooff was made did . you or ells the umpire to y:r knowledg or as you heard give declare graunt or determine the said summes to receive off the sd Sampson either uppon deduction . in accompts or by paym?t off money or any other way any satisffaction ffor the said subscription off y:e afforesaid pollicy . or ffor any promise or any other obligation . ?tending into . the said insurance & what or how much . was allowed ordered & deccreed" (HCA 23/19 no fol no., Document Number: ?: Case: James Powys ag:t XXXX : Date: XXXX))
Unladeing ("the ladeing unladeing & reladeing of the sayd shipp" (HCA 13/73 Part Two))

W

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))
Witnesse (= witnes; wittnes; witness) ("3. Lett him bee asked, whether hee the said witnesse had any parte Or share in the said shippe the Nativity or in any part of the Goods or lading, and whether Michael Dweist a witnesse produced in this Cause bee the same partie where in this Cause Is a Clayment of parte of the shippe Et fiat ut sup:r" (HCA 23/19, Document Number: 4: Case: XXXX: Date: XXXX, no f.))