Tools: Admiralty court legal glossary

Admiralty court legal glossary

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Editorial history

Created 13/05/2013, by CSG
Editing references (references up to end A have been checked), 23/04/2015, CSG

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Purpose

This page provides a glossary of legal terms used in the English High Court of Admiralty taken from mid-C17th English High Court of Admiralty documents. The glossary is one of a number of glossaries available in the MarineLives-Tools resource.

For more information on the MarineLives Project read our Shipping News blog entries:

Annotating Marine Lives, May 1st 2013
Adding value to primary documents, May 8th 2013
Witnesses in Court, 1657-1658 (May 9th, 2013)

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Suggested links

MarineLives HCA volumes
MarineLives-Tools

Commodities glossary
Geographical glossary
Marine glossary

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Index

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A

Accuse

- "Clements accused the contumacy of the said Crampe in not givinge in his answer {XX} the allegation by him given and desired him to be pronounced contumacious and in paine etcetera to be attached the said Smith dissentinge etcetera"

Action

- "Which day appeared personally the said Leonard Olsane and by vertue of his corporall oath to him administred by the Judge did depose that his goods whereof hee hath commenced his action in this Court cost him one hundred and ten pounds in the Indies and that by reason of the losse thereof out of the said shippe hee is damnified to the value of twoe hundred pounds to which value hee hath just cause of action as hee beleeveth./."

- to answer an action

Acts of the Court

- "as by the Acts and records of this Court appeareth"

Adjudge

- "did adjudge and condemn the said Bradley to pay unto the said Balling and the rest of the parties aforesaid plaintiffs in this cause their respective monthly wages"

Administer

- to administer an oath

Admissible

- "so farre as the same is by lawe admissble"

Admit(t)

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination

- the opposite of admitting a libell or an allegation is to reject the same

- to argue that a libell, and allegation, or other submission to the Court should not be admitted by law ("Suckley dissentinge and alleadging that the said allegation ought not by lawe to bee admitted)"

- to admitt in paine etcetera an allegation in writinge

Advocate

- "A Buisines of admission of doctor Timothy Baldwyn into the number of the Advocates of this Court) Which day appeared personally the said Doctor Timothy Baldwin whome the Judges admitted into the number of the Advocates exercisinge in this Court but enioyned him silence for the space of one yeare"

Alleadge

- "XXX"

Allegation

- "Which day the said Smith alleadged that the porte of Cassandra is an unfree porte for any English shippe or vessell to trade unto and that in case the Company of any shipp belonging to England bee. taken by the Turkes trading there they are made Slaves by the Turkes and that in case any English shipps doe at any time trade thither yet there is a particular Contract made for that voyage and farre greater wages allowed then for other voyagaes"

Answe(a)r(e)

- "Which day Cheeke alleadged that it is not fully and plainly answeared by ffrancklins Client to the twoe last allegations given against him in this cause referring himselfe etcetera Wherefore hee prayed the said Gridden to bee ordered to give more full and plaine answeares in the presence of the said ffrancklin dissentinge and alleadging that it was fullie answeared referringe himselfe etcetera"

- to be called to make a fuller answer to a series of articles

Appeal(e)

- "A busines of appeale promoted by Bernard Sparke James Marshall John Cooke and Samuel Anthony against Richard hayman Suckley Smith"

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./."

- "cause of appeale

Appeared

Appellant

- "Which day the said Suckley appeared for the said Sparke and the rest of the parties appellant and made himselfe party for them and the said Smith for the said heyman"

Apprizement

- apprizement of a ship

- "Which day Mr Smith did bringe in the Commission for the apprizement of the said shippe with the apprizement taken by vertue of the same./"

Apprizers

- "at whose petition the Judges did decree the said shippe Tackle and furniture to bee Inventaried and apprized by Apprizers to bee chosen by the Marshall of this Court or his Deputy accordinge to the full value thereof./."

Arbitration

- "Which day the said Clements alleadged that the said Crampe did hire the said hutchinson to serve in the shippe called the George Bonadventure whereof the said Crampe was Master the voyage in question at the rate of fower pounds a month and that hee entred into pay upon the 6th day of ffebruary one thousand six hundred fifty and fower and continued in the service and imployment of the said shipp untill the tenth day of Aprill one thousand six hundred ffifty and six in the presence of the said Crampe whoe confessed the same to bee true Then the said hutchinson consented to referre the difference in question to the arbitration of Charles George Cocke Esquire and that the proofes made by Master ffarington agreed and did likewise consent and agree to referre the said difference to the said Collonel Cocke accordingly./."

Argue

- "argued and debated"

Arrest

- "Appeared the said Smith and prayed that the Court would proceed to the taxation of the charges touching the arrest of the shippe the Julian mentioned in the proceedings of this cause..."

- "Which Caution the Judge receaved and did decree the said Vessell and her tackle and ffurniture to bee released from the said arrest./."

- "Which day appeared personally Thomas Browne one of the deputies of the marshall of this Court and exhibited the originall mandate with the certificate thereon indorsed and forasmuch as it was then alleadged by the said Budd that the said shipp was by vertue of the said warrant arrested upon the 30th day of May 1654 as by the said certificate appeared and that noe body hath since looked after the said vessell but that the same hath bin ever since kept at the charge of the marshall of this Court the Judges did decree that the said Rothford to be monished to appeare in this place the third day after if et cetera to prosecute his said action or els to shew cause why the said shipp should not be discharged and released from the said arrest"

Article

- "did decree the said ffrancis Ash John Dickons George Dickons and Stephen ?Ballow to be monished to appeare in the hall etecetera upon Tuesday next in the afternoone betweene the hours of Twoe and ffive to showe cause if any they have why they should not XXXXse their suite at Common Lawe and enter their action in this Court or els why articles of Contempt should not be admitted against them"

Articles of contempt

SEE:

Aske

- "the Judges assigned the said Smith to prove the same the third Session of the next Terme and at ffrancklins petition assigned him to aske a Commission the first Court day of the next Terme in case hee intends to use any/."

Assignation

- "Mr Cheeke is to prove his livbell this day. Which day the Judges at the petition of the said Cheeke did continue this cause and the assignation thereof in the same state that now it is untill the nextCourt day"

- "To heare sentence at ffrancklins petition on the first assignation saving the full answeres of Watson and howe."

Assigne

- a Judge assigns a proctor to do something on a specified Court day (e.g. to give a libell; e.g. to prove something: e.g. to assign a cause to sentence)

Attachment

- "the said Shurt hath not appeared but stands in contempt wherefore hee prayed an attachment to bee granted against him in the presence of Cheeke dissentinge..."

- "in the presence of the same Totty alleadging that hee hath paid the same to all the said marriners except to some fore of them whose wages are attached by a warrant out of this Court at the suite of the owners of the said shipp Whereupon the Judge did order the said Totty to bringe into the Registry of this Court the whole wages yet unsatisfyed by friday next or els the said attachment made on behalfe of the said owners to bee discharged..."

Attendance

- the attendance of a proctor in the Court at a given time and on a given day

Award

- "with such charges as this Court shall award"

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B

Baile/bayle

- to give baile for payment of costs

- to give in baile by a certain date

- to give "good and sufficient" baile

Behalfe

- "in this behalfe"

Beleeve

- "Then Cheeke repeated the said libell and desiringe an answere to bee given thereunto by Budd, the said Budd answearing and not beleevinge the same..."

Bond(s)

- to give a bond for appearance, following an arrest by the Court

- "exhibited the bond for the appearance of the said Simon Morgan and accused the contumacie of the said Simon Morgan and Bartholomew Capell his suretie for not appearinge accordinge to the tenor of the bond and desired them to bee pronounced in contempt and in paine etcetera and to bee attached"

Bound

- to become bound in court through the acceptance of a surety

Busines

- "A busines of appeale"

- "A busines of contempt"

- "A busines of examination of witnesses"

- "A business of Intimation of the state of the Saint John of Roen"

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C

Cause

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination"

- "the production and examination of the said witnesses beinge taken the Judges did publish their depositions and assigned to heare this cause as to the other halfe of the said wages upon friday the twoe and twentith day of this moneth at which time the Judge did decree the freighters of the said shippe videlicet [BLANK OF CIRCA TWO LINES IN MANUSCRIPT]to appeare to show cause why they should not pay their freight that thereby the said marriners may bee paid their wages./."

Caution

- to receive a caution (a Judge in the HCA receives a caution)

Certificate

- to continue a certificate until the next court day in the same state

- "Then the said Clements exhibited the originall mandate against Mathew Goodfellow [BLANK IN MANUSCRIPT] Davenporte Richard Aly John Wood ffrancis Sampson Robert Davies and Rowland Searchfeild with the certificate thereon indorsed which certificate the Judge did continue in the same state that nowe it is untill tomorrowe morninge"

- "the certificate for putting the sentence in execution os continued to this day Which day the said Brandes being three times called and not appearing the said ffrancklin accused his contumacy and the Judges at his petition pronounced the said Brands to bee in Contempt Then ffrancklin in paine of his Contumacy and in the presence of Cheeke proctor for his highnes James Duke of Cureland before mentioned did produce the Judgement and finall Interlocutory decree (having the force of diffinitive sentence) gien and promulgated by the Judges of this Court the foure and twentith day of May 1656"

Charge

- "alleadging that the said allegation doth contain the charge of the libell and is not by lawe admissible"

Charges

- "Appeared the said Smith and prayed that the Court would proceed to the taxation of the charges touching the arrest of the shippe the Julian mentioned in the proceedings of this cause..."

- to dismiss an action with charges

Cite

- "the said Shurte hath beene cited to appeare at a certaine time and place prefixed and longe since elapsed and that the said Shurt hath not appeared but stands in contempt..."

- "open preconization being made for all in this behalfe cited"

Civill

- "a cause civill and marine"

Client/Clyent

- Client of a proctor

Commence

- to commence an action

- (to commence an allegation)??

Commission

- to request or desire a Commission for witnesses who are too far outside London to be conveniently examined at Doctors Commons

- In HCA 3/47 Commissions are granted, for example, to take depositions in Exter, Great Yarmouth, and York

- "his Clients had certaine witnesses necessarie to prove the intents of the said libell in the Countrey in parts farre remote from this Tribunall Wherefore hee prayed a Comission to bee decreed for examination of witnesses at Biddeford in the County of Devon the said Budd dissentinge Butt the Judges at Cheekes petition did decree a Comission for examination of witnesses on his Clients behalfe and committed unto ffrancis ffarie Humphrey Prideeaux Mathew Hatch and William Shibber gentleman Comissioners named by Cheeke to sitt in the Townehall of Biddiford the third foarth and fifth daies of September next ensueing the date thereof with continuation etcetera Assuminge etcetera And monished Budd to attend the daies and place aforesaid if etcetera and assigned Cheeke to transmitt the said Comon the second session of Michaelmas Tearme next./"

- "Which day Mr Smith did bringe in the Commission for the apprizement of the said shippe with the apprizement taken by vertue of the same./"

Committ

- the Court can committ its power to named individuals in a Commission to take depositions outside London

Complaine/complayne

- "Richard Neales Captaine of the shippe theTiger of Dover doth complaine against John Whetstone William Stratford and Edward Watts three of the Company of the said shippe for leaving and deserting the said shippe at Lisbone"

Compulsorie

- "Did decree a Compulsorie against all such witnesses as shalbe by him named returnable imediate etcetera"

Conclude

- "the same doth not conclude in lawe, nor ought by lawe to bee admissible but the Judges admitted the said libell with the schedule thereto annexed soe farre as the same is by lawe admissible"

Concluded

- "Which day Suckley alleadged this cause standeth concluded in case noe body appeare for the said Barnard and give ina libell and sureties this day Wherefore hee desired the same to be absolutely dismissed"

Concludent

- "in the presence of Smith dissentinge and alleadging that the same is not concludent and that the same matter hath bin formerly laid by Budd and witnesses produced and published thereupon and that it is directly contrary to what hath bin by Smith alleadged"

Condemn

- to be condemned by the Court to pay following sentence

Condemnation

Confess

- "the sayd Nathaniel Broad and the sayd David Budd who both acknowledged and confessed that this cause soe far forth as it Concerneth the sayd Budd is fully transacted and agreed"

Confession

- to confess the truth of a matter

- "the said ffrancklin alleadged that it appeareth by the confession of one Mr Davenport Sherriff of the Citty of Coventry made in the Acts of this Court that hee by vertue of a warrant under the great Seale of this Court did arrest the said Walters upon an ?action of 6000 :li at the suite of the said Skinner Wherefore the said ffrancklin prayed that the Court would decree the said Davenport to bee monished to make a returne of the said warrant to this Court Whereupon the Judges at ffrancklins petition did decree the said Davenport to bee monished to make a returne of the said warrant to this Court upon wednesday next in the morninge and continued the warrant and bond in the same state that nowe they are untill the same time./."

Consent

Consideration

- "the said ffrancklin dissenting and alleadging that the said allegation was frivolous and inconcludent and by lawe not admissible Whereupon the whole matter being taken into Consideration and fully debated in open Courte by and betweene the said proctors and the Councell on either parte And the Judges upon the debate finding it cleerely and fully made out that after the first offereing the said allegation by Cheeke it was by consent of both sides agreed that a Reference should be made to Doctor Walker and Doctor Turner being severally of Councell in this Cause And that accordingly there was a meeting before the said Doctor Walker and Doctor Turner by and betweene the said Charles Marescoe and the said ffrancklin his proctor on the one parte and the honourable Randolph Van Struck Agent of his said highnesse James Duke of Cureland and Cheeke his proctor on the other parte And that upon debate had before the said Referrees it was then eventually agreed and consented unto by the said honourable Agent and the said Charles Marescoe that Twoe merchants th'one for the said John Buck and Charles Marescoe and the other for his highnes the Duke of Cureland should bee nominated to viewe and examine the Accounts of the said John Buck and Charles Marescoe touching their lending and laying out the moneys upon teh said Case of bottomry And that for as much as should bee found by the said merchants soe mutually to bee chosen to bee layd out by the said John Buck and Charles marescoe and to be justly and truely due to them upon the Examination of teh said Accounts that the same should bee allowed as by the said Agent and should without further opposition or contradiction bee subject to the execution of the said Judgement of bottomry and either bee forthwith duely paid or bee executed accordingly without any further cavill or Tergivesation"

Constitute

- "The worshipfull Charles George Cocke Esquire one of the Judges of the Court for divers good causes and considerations him thereunto mooving did constitute and appoint the said William fforth Doctor of Lawe to bee a Surrogate of this Court and did impower him {to} administer an oath unto such witnesse{s} as shalbee produced before him and to take their repetitions of their depositions and to take bailes in case of necessity only where it shall appeare unto him that the shippe or vessell or person arrested or to bee arrested and for which bayle shalbee offered are speedily goinge to Sea and that the detention thereif under arrest wilbee very prejudiciall to the persons therein concerned which said power is by him to bee exercised untill Doctor Godolphins cominge to London and noe longer./."

Contempt

- "the said Shurte hath beene cited to appeare at a certaine time and place prefixed and longe since elapsed and that the said Shurt hath not appeared but stands in contempt..."

- "A business con contempt promoted against John Browne"

- "articles of contempt"

Contents

- " to prove the contents of the libell given in the said cause on his behalfe"

Continuation

- "A general continuance for all causes and certificates" (at end of fourth session of Michaelmas term, 1656)

- "Which day the Judge did continue all causes and certificates to this day assigned and continued in which noe Acts are this day spedd and all certificates this day to bee returned and which are not brought in, in the same state that nowe they are untill friday next in the afternoone betweene the howers of twoe and ffive./."

Continue

- to continue a cause until a certain day at the petition of a proctor

- to contimue a certificate (until the next Court day)

- to continue a warrant (until a specified day)

Contumacie/Contumacy

- "Which day upon preconization beinge made for all in this behalfe cited and noe body appearinge the Judge at the petition of Mr ffrancklin appearinge for the said Bateman Barnard and Throgmorton and accused the contumacy of all in this behalfe cited and not appearinge pronounced them contumacious and in paine and to have fallen into the third default and continued the certificate in the same state that nowe it is untill wednesday the tenth day of September next in the morning in the betweene the houres of nine and twelve./."

- "Which day the said Budd accused the Contumacy of the said Ashkettle in not answearing being monished etcetera"

Contumacious

Corporall oath

Counsell

- NOTE: Counsell is not the same as a proctor

- "in the presence of Doctor Walker beinge of Counsell for the said Totty alleadging that the said Captaine Hughes hath as hee is informed miscast the said wages the summe of twelve pounds and prayed the same may bee heard as to that point before any thing bee done against him"

Court day

- Whereupon the Judges did assigne to heare the order of the Court upon the petition of the sa{id} ffrancklin upon Wednesday the tenth day of the month of September next betweene the houres of nine and Twelve in the morninge of the same day being the accustomed houres for hearinge of causes there./."

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D

Damage

- "Suckley dissentinge and alleadging that the goods have received damage to the summe of 130 li which doth amount to the summe of 3:li 12:s a man of each of the marriners of the sayd Shippe and therefore desired the same to be deducted out of their wages. Whereupon the Court did order that the said 3:li 12:s a man should be deducted out of Each mans wages and deposited in the Registry of this Court for the answearing of the samages in this behalfe and pretended to be susteyned and that the remainder of the wages shall be payd unto them to morrow morning and assigned to heare this cause as to the matter of damage on this day Seavennight in the afternoone"

De bene esse

- "Which Caution the Judge receaved de bene esse and decreed the said Greene and Odway to be released from the said arrest in case nothing sghalbe objected against the said security within three dayes./."

Debate

- "argued and debated"

Decree

- "The Judge at his petition did decree the said Best to bee monished to appeare In this place to morrowe morninge to pay unto the said Atwood the money adjudged to him by the said award since confirmed by this Court was submitted unto by the said Best under paine of being attached./."

Default

- first, second, third and fourth defaults

Deliberation

- "full deliberation"

Deny

Depend/dependeth

- "which suite still dependeth in this Court"

Deposition

Deputy marshall

- "Robert Cranmer and Company against whatsoever summes of money in the hands of Thomas Browne the Deputy marshall of this Court due for the wages of John hunter John Cope Adrian Browne John Stone Waren XXXnner Robert Cooper henry Morrice Edward hatfeild Stephen Bray William Jackson Tobias Coult John Gott George George Albert Alderson John Clarke John Dyerch John Weaver for theire service in the said shippe the Merchant Adventure or wheresoever etcetera Clements Colequite"

Determination

- "and suspended the determination of the residue of their wages untill some other time./."

Determined

Disallow

- "Mr Cheekes allegation is disallowed in case cause bee not showne to the contrary this day./"

Discharge

- "Master ffrancklin is to shewe cause this day why the action should not bee discharged./"

Dismiss

- "Which day the said Colequite desired the said Clements may bee assigned by some competent time to give a libell with sureties or els that the cause may bee dismissed with expences"

Dismission

- "since the dismission of this cause with fforty shillings costs notice hath bin given to him by his Clyents and that since the beginning of this suite and before the said dismission this cause was finally transacted and agreed to betweene the said parties therein"

Dissenting(e)

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E

Endorse

Examine

Examinate

Examination

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination..."

Exemplification

Executed

- to execute a monition

- to execute a sentence

- "Which day the said Budd alleadged that the said Clements was monished to appeare this afternoone by vertue of a decree under the seale of this Court in this place betweene the howres of twoe and five to see an allegation given and admitted and witnesses thereupon produced and sworne and that the said monition was duly executed by John Salisbury and afterwards by the said Salisbury at the request of the said Clements to him ADD MORE TEXT"

Exhibit

- "the said Smith desired the answeare of Mr Budd to be given to the two exhibits by him left in the Registry of this Court in the presence of the said Budd dissentinge whom the Judges monished to give in his answeare to the same the next Court day"

- "Which day the said Suckley exhibited the originall mandate against the said Nutt with the certificate thereon indorsed and open preconization beinge made for the said Nutt and he not appearinge the Judges att Sucklies petition accusing his contumacie pronounced him contumacious and in paine etcetera"

Expences

- Expenses of suite

Expired

- "Appeared the said Suckley and did alleadge that fifteene daies are fully expired since the sentence given in this cause on the behalfe of the said Rasmussen And thereupon the Judge at his petition did decree the said Southwood ad Company to bee monished to appeare in the Common hall the third day after if etcetera to showe cause if any they have why the sentence given against them on the behalfe of the said Rasmussen in this Court should not bee past in execution and the expences of suite taxed./."

Extraction

- "Which day Smith brought in the Commission for examination of witnesses in this behalfe extracted with the depositions taken by vertue of the same"

- "Which day the Judges at the petition of the said Suckley accusinge the contumacy of the said Blake in not giving his answeare to the libell in this Cause given and admitted pronounced him contumacioys and in painne et cetera to be attached Provided the same be not extracted within 4 dayes"

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F

ffee

- "Budd alleadged that hee is by this Court ordered to make what proofes hee cann in this cause by the third Session of this Tearme and that he hath an allegation to bee given in, and witnesses to bee produced there upon which he hath shewed to mr Clements and desired his presence before the Judges this afternoone to see the said allegation given and witnesses produced and hath offred him his fee for his attendance and the said mr Clements hath denyed to bee present"

Final determination

- "continued the cause upon the assignation for hearinge and finall determination of the buisines untill Tuesday next in the afternoone at 2 of the Clocke in the presence of Suckley and the said Mr Bland dissenting"

Forbearance

- "as touching the forbearance of the performance of said Pibus and Duke at the Comon Lawe hee the said Mr Ash did then declare that hee could give noe positive answere thereunto untill such time as hee communicated the same to the said Greenland Company they being a corporation established by parliament whereof hee is but a member which hee then undertooke to doe before Wednesday next and in the meane time to forbeare any further prosecution against the said Pibus and Duke at Common lawe"

Forbeare

- "Appeared the said Budd and exhibited the originall mandate against the said John Brewer with the certificate indprsed in the presence of the said Brewer whom the said Budd prayed the Court would admonish to for beare any further proceedings in the Sherrifs Court against the late Commissioners for prize goods for the matters in the said mandate expressed"

Frivolous

- "the said ffrancklin dissenting and alleadging that the said allegation was frivolous and inconcludent and by lawe not admissible"

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G

Give

- to give a libell

Grant

- to grant a default (first, second, third, or fourth)

- to grant a petition

- "in case the same be not granted"

Great seale of England

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./."

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H

Harm(e)les

- to save someone harmless (a client saves harmless those who give sureties on his behalfe)

Heare

- to heare a cause

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I

Indorse

- to continue a certificate which had been indorsed (endorsed)

Inhibition

Interrogatories/Interrogatoryes

Intimation

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J

Judg(e)ment

- " to bring forth the said Slapp in Judgement whensoever his presence shalbee thereunto lawfully required"

Jurisdiction

- "under protestation of not consentinge to the Jurisdiction of this Court did desire a libell and baile or els the cause to be remitted to the Judge from whom it is appealed with costs"

- "within the ebbing and flowing of the Sea and within the Jurisdiction of the high Court of Admiralty" NOTE: this case concerns the right of commonage and fishing for oysters. The proctor, on behalfe of the plaintiffs, called for any prosecution "att the Sessions or other place not proper for the same" to be ceased or to face attachment for Contempt of the Admiralty Court

Justice

- which he desired to be admitted and Justice etcetera...

- to desire Justice, "desiring Justice"

Justification

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L

Lawfully

- "Humphries is to appeare lawfully this day"

Liable

- "to answeare the action commenced by him the said Nayles against the said third parte soe farre forth as the same shalbee adjudged liable by lawe"

Libell

- to exhibit a libell in writinge

- to give a libell with sureties

- to argue that the libell ought not by law be admitted

- to prove the contents of a libell

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M

Make for his client

- See

Make himselfe party

- a proctor makes himself party to a cause by exhibiting his original mandate with its endorsed certificate

Mandate

- "Which day the said Smith exhibited and left in the Registry of this Court the originall mandate with the certificate thereon indorsed..."

Marshall

- Could be ordered by the Admiralty Court to perform certain actions, such as selling a shipp which has been arrested

- "at whose petition the Judges did decree the said shippe Tackle and furniture to bee Inventaried and apprized by Apprizers to bee chosen by the Marshall of this Court or his Deputy accordinge to the full value thereof./."

Matter

- "Which day the said Smith upon the matter by him in this cause given and admitted produced for a witness John Bennett"

Matter of ffact

- "The Court having this day heard the Counsell on both sides upon the matter of ffact in this cause did at the
petition of the said Budd and in the presence of the said Smith assign this cause to sentence upon Tuesday next in the afternoone in this place"

Merritts

- merits of a cause

Monish

- to monish

- "being long since judicially monished"

Moi(e)ty

- one half

Monition

- "Which day Smith did produce upon the allegation by him in this cause given did produce the said ffarington to whom the Judges did administer an oath to speake the truth etcetera and monished him to give in his answers before the next Court Day the said ffarrington and ffrancklin dissentinge./."

- "the monition in this behalfe did perish wthout fruit wherefore hee prayed the same to be renewed" [ADD REFERENCE]

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N

Neat value

-"(the said summe of ffower hundred, and foureteene pounds being the neat value of the said Boxwood over and above the summe of 96 li for charges upon the same expressed in an account thereof left in the Registry of this Court on the behalfe of the said Laurence and there remaininge)"

Notary publicke/notary publique

- "Friday the twoe and twentith day of August 1656 before the right worshipfull Charles George Cocke Esquire one of the Judges of the high Court of Admiralty of England in the Common hall in the presence of Sam: howe Notary publicke./."

Notary publickes identified in HCA 3/46

• Edmund Arnold
• Mathew Bayly
• Samuell Howe

Notary publickes identified in HCA 3/47

• Samuell Howe (also Deputy Registrar)
• Charles Moore
• John Oliver

Notice

- to give notice to a proctor (by a client)

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O

Oath

- "whom the Judge receaved and administred an oath unto them to speake the truth at the time of their Examination in the presence of ffrancklin dissenting and havininge the usuall time for Interrogatoryes"

- "an oath upon the holy Evangeliste"

Objecting

- to object on the proceedings

- "Which Caution the Judge (notice thereof havinge bin already given to Mr ffrancklin proctor for the said husband and hee not objectinge against the same) receaved and did decree the said shippe and the said Cole to bee released from the said arrest./."

Oblige

- to oblige oneselfe (in context of giving sureties)

Officers

- "Officers of this Court"

Order

- to heare the order of the Court

- "Which day appeared some of the marriners of the said shippe and the said Crampe and ffarington and the Judge havinge formerly heard the proofes made in this cause read did order and decree the said ffarington to pay and satisfy unto the said Demecke and the rest of the marriners of the said shippe and alsoe to the said Hutchinson one halfe of theire respective wages accordinge to the respective rates they were hired to serve in the said shippe and voyage deductinge out of the same what they have alreadie receaved in parte of their wages and soe much more as will make upp the said halfe brought into the Registry of this Courte there to remaine untill further order"

Originall mandate

Overthrowe

- to overthrow(e) a party in a suite

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P

Paine/Payne

- "in paine"

- to be in paine of his contumacy, leading am individual called to appear in the Court, and failing to appear, to be attached

- to pronounce an individual in paine, but reserve the paine until a later Court date

- to referr the paine to the next Court day

- "The Judge at his petition did decree the said Best to bee monished to appeare In this place to morrowe morninge to pay unto the said Atwood the money adjudged to him by the said award since confirmed by this Court was submitted unto by the said Best under paine of being attached./."

Party

- to make oneself party (i.e. a proctor makes himself party in Court for his client)

- to bring forth a party in judgement (obligation of an individual(s) giving surety to the Admiralty Court)

Partie/Party principall

- "which said libell being soe admitted and repeated and the said Colequite not beleevinge the same to bee true the Judge decreed for the party principall the tenth day after if etcetera"

- there can be multiple partie principalls in a cause

Performe

- "The Court thereupon at the petition of the said Cheeke did order that intimation bee given to the said ffarington by shewinge him a copy of this order to performe the said former order of this Court soe made as aforesaid by Satterday next in the morninge./."

Personal answe(a)re(s)

- "Which day Dyer accused the contumacy of the said Beake in not giving in his personal answeres before this day being there to monished and the Judges at his petition decreed an attachment against him for not putting in his answeares soe as the attachment bee not extracted within these three days next answeringe in the presence of Suckley dissentinge"

Personal decree

- "Which day Cheeke brought in and exhibited a personal decree with the certificate indorsed and accused the contumacy of the said Brunton in not appearinge to answeare unto the positions and articles of a certaine libell in this behalfe given against him"

Personally cited

Personally monished

- See

Petition

- "Which day the Judges at the petition of the said ffrancklin did assigne to heare this cause upon Satterday next in the morninge./."

Plainely and fully answeared

See

Plaintiff

- "plaintiffs in this cause"

Plead

- "Which day the Court with the consent of the said Smith did rescind the conclusion of this Cause and at the petition of the said Smith did assigne the said Suckley to plead what he hathe to pleas in this Cause within tenn daies and to aske a Comission for examination of witnesses within tenn dayes in case hee intends to use any and in case hee shall not within Tenn dayes desire a Commission then the Judge at Smiths petition did assigne the said Suckley to prove what hee shall soe plaed within the said Tenn dayes within a month the said Suckley dissentinge etcetera"

Porrected

- "the said Smith porrected a bill of expences which hee prayed to be taxed"
- "the said dyer porrected a sentence diffinitive in writinge which the Judges did read give and promulgate and did pronounce condemne absolve and doe in all things as in the same is contayned"

Position(s)

- "Which day Cheeke brought in and exhibited a personal decree with the certificate indorsed and accused the contumacy of the said Brunton in not appearinge to answeare unto the positions and articles of a certaine libell in this behalfe given against him"

Pray

- to pray to be admitted

- " by which meanes hee is disabled to pay the said marriners theire wages and prayed a monition against the said freighters to appeare to showe cause why they should ˹not˺ pay their freight"

Preconization

- "Which day the said Smith appeared for the said Thomas Huggins and made himselfe partie for him and executed the originall mandate with the certificate thereon indorsed and open preconization being made for the said harris and all others in this behalfe cited and neither hee nor any bodie els appearinge the Judge at the petition of the said Smith accused theire contumacie pronounced them contumacious and in paine etcetera to have fallen into the first default and continued the certificate to the next Court day/"

- WIKIPEDIA DEFINITION: "A preconization (Late Lat. praeconizatio, from praeconizare, "to proclaim", Lat. praeco, "a public crier") is a public proclamation or announcement. In this sense it is practically obsolete; but the word is still technically used of the solemn proclamation of new bishops, and of the sees to which they are appointed, made by the pope in the consistory of cardinals.

In its strict juridical sense, it refers to the ratification in a public consistory of the choice made by a third person of a titular of a consistorial benefice, for example a bishopric. The pope approves the election or postulation of the titular made by a chapter, or ratifies the presentation of a candidate made by the civil power. This preconization is preceded by an informative process, which according to the present discipline is raised by the Consistorial Congregation for the countries not under Congregation of Propaganda, but the information is furnished by the Secretary of State if the question at hand refers to sees situated outside of Italy." (http://en.wikipedia.org/wiki/Preconization)

Premisses

- to intimate the premisses to a party of a cause

Presence

- an action may be recorded in the Court Act Book as taking place "in the presence of" one or more proctors

Primuni decretum

- "the Judges at ffrancklins petition accusing their contumacy did pronounce them contumacious and in paine etcertera to have fallen into the and fourth default Then the said ffrancklin in paine etcetera porrected a primumdecertum in writing which the Judges in paien etcetera (oath being made by the said Jennings then present in Court of the truth of the Contents thereof) admitted and decreed as in the same is contained and at the petition of the said ffrancklin the Judges did assigne to heare their order upon the teaxation of the charges on Tuesdeay the third day of March next./."

Proceed

- to proceed to hear the cause

- "Wherefore the said Budd desired that in regard some of his witnesses were Seamen and ready to goe to Sea that hee may not loose the benefitt of their Testimony that the said Clements might bee monished to appeare in Court this afternoone betweene the howres of three and five to the effect aforesaid with intimation that in case hee appeare not the Judges his absence or contumacy notwithstandinge will proceed in the said cause upon what shalbe desired by the said Budd according to lawe and Justice which the Judges at his petition decred as is desired./."

Proceedings

- "Which day the Judge at the petition of the said Smith did renew the monition formerly granted against the said Alsopp and Corbet to appeare to see further proceedings had..."

- "it appeareth by the proceedings of this cause that there was and is due to the said Bancock for the wages by her in this behalfe demanded the summe of 69 li 26 s whereof and now more"

Processe

- "Which said libell beinge soe admitted and repeated and the said Smith not beleevinge the same to bee true the said Suckley exhibited the processe Judiccis a quo etcetera which the proctors on both sides accepted soe farre as it makes for their Clients respectively./."

Proctor

Proctors identified in HCA 3/46

• Allen
• Baker
• Budd/Bud
• Clements
• Colequite
• Dyer
• ffrancklin
• Ireland
• Smith
• Suckley

Proctors identified in HCA 3/47

• David Budd
• Cheeke
• Colequite
• ffrancklin
• Oughton
• Smith
• Suckley
• Watson

Produce

- to produce a witness

Promote

- to promote a cause (by a proctor)

- "A busines of contempt promoted by John Pibus and Abraham Duke against ffrances Ash George and John Dickons and Stephen Ballow"

Pronounce

- "Which day the said Budd accused the continuance of the said Watson in not giveinge in his answer according to the monition of this Court and prayed him to bee pronounced contumacious and in paine etcetera..."

Proof(e)s

- "the Judge havinge formerly heard the proofes made in this cause..."

- "Appeared the said Leonard Gleane and by vertue of his corporall oath to him administred by the Judge did depose that John Smith was his servant is as hee beleeveth a necessarie Witnesse to prove the contents of the libell given in the said cause on his behalfe and that as hee beleeveth hee is nowe in the East Indies and that with out his Testimony hee is not able to make a full proofe/."

Prosecute

- to prosecute a suite

- to prosecute an appeale

- "the suite promoted and prosecuted by the said Robert Baldwin and Company against the said Daniel Bradley for their wages dues for theire service in the said shippe"

Prosecution

Protestation

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./."

Protesting

- "Then the said Smith protested of not demandinge the Coppies"

Prove

- "alleadginge that one Cutbert Eager is a necessary witnes for the proofe of the matter by him in this cause alleadged..."

- "Mr Cheeke is to prove his libell this day"

Proxy

- to exhibit his proxy

Publish

- "the Judge at Smiths petition did publish his deposition and the depositions of the rest of the witnesses in this cause examined on his behalfe the said Clements dissentinge etcetera"

Publication

Putt in baile/bayle

- "the said ffrancklins Clyent hath not putt in bayle according to the said order and therefore ought not to bee heard"

Putt in execution

- put a sentence in execution

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R

Receave

- to receive an allegation

Recognizanse

- "upon the ffifteenth day of ffebruary 1655 the said Edward Chowne together with one Gray Chowne by Recognizanse became bound in this Court in the suretie of seventy pounds of lawfull money of England to his highnes the Lord Protector to stand and abide the judgement of this Court touching such things as should bee offered..."

- "Which day appeared the said dell and acknowledged that shee hathe receaved full satisfaction for all demands by her by this suite and consented that the said Todd and his sureties may bee discharged from the action by her comenced against the said shippe And thereupon the Judges did pronounce the recognizance entred into in this Court by the said Todd and his sureties to be cancelled and
discharged and they did cancell and make void the same"

Records of Court

Register

- "Thursday the sixteenth day of October 1656 before the right worshipfull John Godolphin Doctor of lawe and Charles George Cocke Esquire Judges of the high Court of Admiralty of England in the Common hall within the Doctors Commons London In the presence of Samuel howe Notary publicke and Deputy Register./."

Registry

- "he prayed the said three eight parts of the said shippe to bee decreed to bee sould for the payment of the said wages whereupon the Judge at the petitition of the said Suckley and with the consent of the said Thwaite did decree the said three eight parts of the said shippe tackle and ffurniture to bee exposed to sale by the Marshall of this Courte or his Deputy and sould to the utmost value and in regard the Court was then informed that the said shippe is under the arrest of this Court upon another Action The Judges did order the said money proceedings of the sale of the said three eight parts of the said shippe to bee brought into the Registry of this Court there to remaine untill this Courts shall give further order therein./."

- "Which day the said Suckley alleadged that the proces Judicas a quo in this behalfe brought into the Registry of this Court is defective Wherefore hee prayed a monition to bee decreed pro omissus etcetera Whereupon the Judge did decree the Register of the Judge aquo to bee monished to transmitt the omissa etcetera upon the ffirst Session of the next Tearme..."

Reject

- "Which day the said Cheeke desired the allegation by him in this cause given to bee admitted in the presence of Suckley dissentinge and alleadginge that the same ought not by lawe to bee admitted and prayinge the same to bee rejected and this cause to bee assigned to sentence the said Cheeke dissentinge and desiringe as aforesaid Whereupon the Judges did admitt the first and second articles of the said allegation soe farre as the same are by lawe admissible Which said allegation being soe admitted and repeated and the said Suckley not beéeevinge the same to bee true The Judges assigned the said Budd to prove the said articles within three wekkes ita quod etcetera and rejected the rest of the said allegation./"

Release

- to release from arrest by a decision of the Court following evidence of sufficeint and good baile being offered and receaved by the Court

Remitt

- to remitt back to the original Judge

Repeated

- to admit and repeat an allegation

Rescind

- "Which day the Court with the consent of the said Smith did rescind the conclusion of this Cause and at the petition of the said Smith did assigne the said Suckley to plead what he hathe to plea^d in this Cause within tenn daies"

Retarded

- "finding noe cause at all why the said Execution should any longer bee retarded doeing right and Justice herein did award Execution of the said Judgement and Decree of Bottomry And that the said shipp Tackle and ffurniture should in Execution of the said Judgement and decree bee sould to the best and utmost value by the Marshall of this Court for the payment of the said nine hundred fifty twoe pounds seaventeene shillings and ffower pence sterling together with costs off suite to bee payd unto the said John Buck and Charles Marescoe accordinge to the said Decree And the said surplusage (if any bee) to bee brought in by the aid marshall into this Court to bee XXXXed over unto his said highnes the Duke of Cureland owner of the said shippe the said Cheeke and saving the reverence due to the Judges appealing to the high Court of Chancery and to his highnesse the Lord Protector in the said Court etcetera./."

Return

- to return a Commission on a specified day

- to return a warrant to the Court

Returnable

- "at the further petition of the said Clements did renew the said monition against the rest of the parties therein mentioned to the effect as formerly returnable upon wednesday the tenth day of September next in the morninge of the same betweene the houres of nine and twelve./."

Royal Exchange

- "Wherefore hee prayed a monition to bee decreed to all the said Ottey and all others whoe pretend any right title or interest in the said shippe whereof hee was master by affixing the same upon the Royall Exchange London to appeare upon ffriday the tenth day of the instant month of October betweene the houres of twoe and five in the afternoone in the Common hall etcetera to see an allegation given in on the behalfe of the said Lee and witnesses thereupon produced and sworne and their depositions published touchinge the premisses with intimation etcetera which the Judge did decree accordingly./."

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S

Save harmles

- to save harmless

Schedule

- "gave in a libell with a schedule"

Securyte

- "Which day Mr Suckley appeared for the said Goslinge and made himselfe partie for him and produced for sureties Charles Aster of Redriffe in the County of Surrey Gardiner and John Baldwin of the same place Pully maker whoe submittinge themselves etcertera obliged themselves etcertera for the said Edward Goslinge in the summe of Twoe thousand pounds of lawfull money of England to the said Richard Batson humphrey Beane and Gowen Goldgay to answeare the action by them commenced against the said Goslinge and to pay what the said Goslinge shalbee condemned in with expences of suite in case hee shalbee overthreowne and to bringe forth the said Goslinge in Judgement whensoever his presence shalbee thereunto lawfully required And unles etcertera Which Caution the Judges receaved and did decree the said Goslinge to bee released from the arrest in case nothinge bee objected against the said securyty by too morrowe noone./."

Secundum decretum

Sennight (CHECK SPELLING AND VARIANTS)

- in seven days ("seaven nights")

Sentence

- to assigne a cause to sentence on a stated Court day

- to heare sentence

Servinge

- "The said Smith exhibited the Commission for examination of witnesses in this cause and alleadged that hee hath receaved Information from the Notary publicke whoe ?spedd the said Commission that hee hath examined the said witnesses upon Interrogatorries aministred on the parte and behalfe of the said Lee and that hee refuseth to pay him the same Wherefore hee prayed that the Court would decree the said Commission to bee opened and tax the said examinations upon the said Interrogatories in the presence of the said Suckley dissenting etcetera Whereupon the Judges did decree apperture of the said Commission and having viewed the said Interrogatoryes and Examinations taken thereupon did tax the summe of Twenty shillings bedisdes the said Lee to bee monished to pay the same within Tenn dayes after monition or otherwise to bee attached./."

Session

- Each Court terme was divided into sessions

Shew

- to shew cause

- "Appeared the said Clements for William Slappe and made himselfe party for him and alleadged that the said third parte of the said shippe the ffrancis did at the time of the arrest in this behalfe made and still doth belonge unto him and produced shewed a bill of sale signed sealed and delivered to him by the said Christofer ffriery for the same and produced for sureties William Butcher of the parish of Saint Mary Magdalens Bermondsey mariner and George Nutkins of the same parish Distiller"

State

- to continue a certificate in the same state until a certan day

Stipulation

- "alleadged that this cause is finally transacted and agreed betweene the said Leonard Gleane and the rest of the parties aforenamed ...Clements...making himselfe party for him and confessing and beleeving the same to be true Then Colequite prayed the stipulation entred into this Ciurt on the behalfe of the said Henry Morris Robert Cooper John Stone John Dyer Edward hatfeild John Weaver Tobias Colt Stephen Brai John Cooper Warren Swyminer Adrian Browne and Qilliam Jackson soe farre as ut concernes them to bee cancelled, and pronounced null and void to all effect of lawe at whose petition the Judges with the consent of the proctors on both sides decreed the stipulation eentred on Gleans behalf and of the said ..... to be cancelled and released so farre as it concernes them only and not to extend to any other persons mentioned in the said stipulazion"

Submitt

- to submit oneself to the jurisdiction of the Court

Subscribe

- to sign a document

Succease

- to succease a suite at the Common lawe in favour of a suite at the Court of Admiralty

Sue

Sufficiency

- sufficiency of a security (as verified by the Deputy Marshall of the Court and receaved by the Judge without objection from the opposing Protcor(s)

Summarily

- to hear a cause summarily due to special circumstances

- to be summarily heard

Summary hearing

- "And alsoe to stand to and abide a summary hearing in this Cause whensoever this Court shall order"

- "the casue doth now stand ready for a sumamry hearinge"

Supplementory oath

- "To heare the order of the Court upon the admission of Suckleys allegation and in case the same bee not admitted to heare sentence at ffrancklins pettition saving the supplementory oath of his Clyent"

Sureties

- to give a libell with sureties

- to produce for sureties

- "did decree the sureties of the said Bradley to be monished to pay the wages aforesaid within Tenn daies after monition or otherwise to bee attahced./."

Ex Superabundanti

- "Then the said Suckley ex superabundanti desired a monition against the said Drinkewater to appeare the third day after if etcetera to give in his answeare upon his oath and the Judges decreed the same the said Clements dissentinge./"

- For a further example of this phrase see HCA 3/47 f.253v

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T

Taxation

- "assigned to heare theire order upon the taxation of the charges the next Court day"

Tearme/Terme

- Michaelmas, Trinity and Easter tearme/termes

- "upon the ffirst Court of Michaelmas tearme next beinge the three and twentieth day of this instant month of October"

Terme probatorye (terme probabtories)

- "the said Smith alleadged that all Suckleys Termes probatoryes are longe since lapsed Wherefore hee desired this cause to bee assigned to Sentence"
- "Doctor Walker Advocate for his highnes the Lord Protector of the Comonwealth desired the answeare of the said Smith to the charge given against the said Goddin and Cheston in the presence of the said Smith answearing that he doth not beleeve the same to be true Then the said Advocate desired a tearme probatory for the same videlicet 14 daies or 3 weekes and the Judges assigned the said Advocate to prove the same within 3 weekes and assigned the said Smith to propound his defence and to prove the same within Two monthes"

Testimony

- "Wherefore the said Budd desired that in regard some of his witnesses were Seamen and ready to goe to Sea that hee may not loose the benefitt of their Testimony that the said Clements might bee monished to appeare in Court this afternoone"

Title

- "A business of examination of witnesses on the behalfe of William Lee Master and sole proprietor of the shipp called the Samuel against [BLANK IN MANUSCRIPT] Ottey of Boston marriner Master of a certaine shipp lost in Robin hoods bay neare Scarburrough and all others that pretend any right title or interest therein"

Transacted

- "alleadged that this cause is finally transacted and agreed betweene the said Leonard Gleane and the rest of the parties aforenamed ...Clements...making himselfe party for him and confessing and beleeving the same to be true Then Colequite prayed the stipulation entred into this Ciurt on the behalfe of the said Henry Morris Robert Cooper John Stone John Dyer Edward hatfeild John Weaver Tobias Colt Stephen Brai John Cooper Warren Swyminer Adrian Browne and Qilliam Jackson soe farre as ut concernes them to bee cancelled, and pronounced null and void to all effect of lawe at whose petition the Judges with the consent of the proctors on both sides decreed the stipulation eentred on Gleans behalf and of the said ..... to be cancelled and released so farre as it concernes them only and not to extend to any other persons mentioned in the said stipulazion"

Transmitted

- SEE: HCA 3/47 f.210v

Truth

- to speak(e) the truth under a corporall oath administred by a Judge of the High Court of Admiralty

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U/V

Undergoe

- "Appeared the said Budd and alleadged that one Tompson was sworne as a witnes in this cause on the behalfe of the said Watts and monished to undergoe this examination which hee hath neglected to doe and is fallen downe to Gravesend upon a voyage to Sea Whereupon the Judge at the petition of the said Budd did decree an attachment against the said Tompson to appeare and undergoe his Examination./"

Undertake

Void

- "this default shalbee void in case ffrancklins Clyent shall give in baile before that time./."

- "Provided that this Act and the production of the said witnesses bee void in case master Smith shall not appeare and allowe of the same./."

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W

Warrant

- to be arrested under the warrant of the Court

- "alleadged that there did issue out of this Court under the great seale thereof a ?Univerrss warrant to arrest the said three sixteene parts of the said shippe the Roger and Edmund belonginge to the said John Corben and to arrest the said John Corben to answeare to the said Richard Jennings in a cause civill and marine and that by vertue of the said warrant one John hall hath arrested the said parts of the said shipp and alsoe the bodie of the said John Corben but hath not made any return of the originall warrant in his hands"

- "the said ffrancklin alleadged that it appeareth by the confession of one Mr Davenport Sherriff of the Citty of Coventry made in the Acts of this Court that hee by vertue of a warrant under the great Seale of this Court did arrest the said Walters upon an ?action of 6000 :li at the suite of the said Skinner Wherefore the said ffrancklin prayed that the Court would decree the said Davenport to bee monished to make a returne of the said warrant to this Court Whereupon the Judges at ffrancklins petition did decree the said Davenport to bee monished to make a returne of the said warrant to this Court upon wednesday next in the morninge and continued the warrant and bond in the same state that nowe they are untill the same time./."

Which day

Withdraw

- "the said Watson dissenting and alleadging that the said Warner doth sue him at Common lawe for the same thing for which hee is sued in this Court wherefore hee prayed that his answer may bee suspended untill the sayd Warner shall have withdrawne his action at Common Lawe the said Warner dissenting..."

Witness

- necessary witnesses

- "his Client hath necessary witnesses in the parts beyond the Seas for the proofe of the matter by him in this cause alleadged for whose examination hee prayed a Commission"

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