MRP: C6/125/Pt1/150 f. 1
C6/125/Pt1/150 f. 1
Editorial history
19/11/11, CSG: Completed transcription
Abstract
Transcription
//25 Oct 1654//
//Hales//
//To the Right Hon:ble the Lord Commissioners for the greate//
//Seale of England//
//Humbly Conplayning unto your Lordshipps your Orators John ffairfax heretofore Merchant and Copartner with Thomas Barnsley deceased//
//resideing in Ligorne in Italy And Robert Gardiner Charles Therold Lambert Pitches and Hugh fforth Creditors in the behalfe of them//
//selves and the general Creditors of the said John ffairfax & Thomas Barnsley Sheweth That whereas about the yeare of our//
//Lord One Thousand Six Hundred fforty Eight your Orator John ffairfax and the said Thomas Barnsley deceased or one of//
//them did lade or cause to bee Laden aboard the ship Commonly called the Nicholas of London A parcell of Currants to the value//
//of ffower Hundred pounds English money and consigned the same to Robert Abdy of London Merchant to deale as ffactor//
//for your said Orator and the said Barnsley and to sell the same for there best advantage and there uppon to render//
//a true accompt thereof with the money soe received for the said goods and soe by vertue of your Orators & partners Comission the//
//said Robert Abdy received from abroad the said ship at her Arrivall in England the said Currants and sould them for aboud//
//Three Hundred pounds as by his owne accompt sent your Orator thereupon would appeare if your Orators could produce//
//the same And your Orators further shew that Nicholas Abdy deceased Brother to the said Robert became indebted unto//
//your Orator John ffairfax and Thomas Barnsley for Twelve moneths diett for him selfe and his Company servants in their house//
//in Ligorne in Three Hundred Dollars or Spanish peeces of Eight every dollar then worth ffive shillings and amounting to Seventy//
//ffive pounds English money or thereabouts Which was not satisfied unto your Orator or the said Barnsley the said Nicholas//
//dying about the yeare 1648 and leaveing the said Robert Executor of his last Will and Testament who thereby became//
//possessed of the estate of the said Nicholas which amounted to above Tenn Thousand pounds and the said Thomas Barnsley//
//aboute the same tyme departing this life and leaveing all his interest in the Copartner ship to your Orator being the suvivor//
//and the estate of your Orator being very much decayed and weakened by severall great losses at sea and in other places Whereupon your//
//sd Orator hath severall tymes in a freindly manner desired of the said Robert Abdey payment of the severall and respective debts to him and//
//owing & due by the said Robert as aforesaid Whereuppon the said Robert hath severall tymes faithfully promised unto your Orator//
//to pay and satisfie the said summes or Whatesoever should bee due unto your Orators from him selfe//
//or the said Nicholas his brother which your Orators still expecting have forborne hitherto to sue or molest him for the same ??Now XXX//
//the said Robert well know that your Orators [FOLLOWING TEXT IS AN INSERTION: had XXXX XXXX XXX what they were trusted with by their Cred:trs & therefore ??the ??pleasure toXXXXX XX Rob:t XXXX XXX XXX XXX w:ch was bought XXX XXXXX of y:r Orators XX Cred:trs of y.e said Fairfax & Barnsley & also knowing that y:r Orators] have noe Wittnesses to prove the said promisses nor his generall letters and accompts sent unto//
//your Orator and his deceased partner which could clearely ?evince the truth of all the p:rmisses all the said matters haveing beene//
//transacted by Letters writeings and accompts and all your Orators witnesses being dead or in remote places beyond the seas unknowne to your//
//Orator and ??All said transactions and promisses being made betweene themselves and alsoe well knowing that your Orators house att Ligorne was//
//about the yeare One Thowsand Six Hundred and ffifty broken up in greate disorder and all the Letters writings and accounts which//
//should make appeare the truth of all and singular the p:rmisses were seized on by the duke of fflorence or his agents & detained//
//by them or are in some places unknowne unto your Orator In tender consideraccon of the p:rmisses and for as much as your//
//Orators are unreleivable by the strict Rules of the Common law for the reasons aforesaid and to the end and purpose//
//that the said Robert Abdey may sett forth what dealeings either hee or any other to his use have or ever had by Letters goods//
//bills of Exchange or ??rechange marchandise of otherwise with y:r Orator XX XXXXX XXXX & ?give a iust & true accompt thereof unto yor orator XXX what estate eitehr in money plate iewells househouldstuffe or other estate hee hath//
//or had or knoweth of the said Nicholas his brother and may sett fourth the tenor of the Will of the said Nicholas who made pvision//
//therein for satsfaccon of the said Seventy ffive pounds as your Orators are informed and may alsoe discover the truth of all//
//and singular other the p:rmisses and your Orators bee speedily effectually and respectively releeved in all and singular the p:rmisses//
//According to equity May it please your Lordships to grannt unto your Orators processe of subpena to bee directed to the said Robert//
//Abdey thereby commanding him att a certaine day and under a certaine paine personally to appeare before your Lordships in the high court//
//of Chancery then and there upon his corporall oath to discover the truth of all and singular the p:rmisses and further to abide//
//such decree order and direccon as to your Lordships shall seeme to stand with equity and good Conscience.//
//Rob:t Gardiner [Signature, RH bottom corner]//
Commentary
