Assembly Proceedings, April— May 1666. 13

I^st The Summons is to the Attorny of Anderson, the pro-
ceedings and Judgment is against Anderson but the Pl^t Hud-
son hath put in no declaration against Anderson to ground the
Proceedings & Judgm^t upon for he declareth against Carver
& prayeth Order ag^t. Carver's Attorny but doth not proceed
against Anderson as Carvers Attorny but as in his own
Capacity & that is Error.

U. H.
Journal
1659-98

2. Secondly the Court saith for a Friggott & doth not say
how called or of what Burthen. Every Declaration should &
ought to Contain Certainty but in that there is Jncertainty.
That is Error
3. Hudson prayeth Order against Carver's Attorny but
nameth him not in the Declaration therefore that is Error for
the incertainty of the Person —
4. The Record saith Hudson Pl^t & Anderson Def? when
his Declaration was against Carver & it cannot appear by any
Record extant that Anderson is Def? in any Declaration ever
Entered in relation to the Suit & therefore that is Error
5. The Summons was directed to Thomas Notley the Attry
of Anderson in which Capacity he never was & that is Error
6. Abraham Rowse served the Summons which the Sherriff
ought to have done & that is Error
7. The Order of Court of the 22^d Decem^r 1664 was that
Bedloe or his Attorney should be summoned but the Summons
was awarded ag^t the Attorney of Anderson & therefore that is
Error
8. The Testimony of Hawkins is insufficient to prove the
Title of the Friggott sued for by Hudson for he speaks
generally of a Vessel & saith only that he himself reputed the
Vessel Hudsons but doth not say that he knew her Hudsons
or that she was positively the Goods of Hudson
9. The Testimony of Staplefort insufficient, he swears
positively the Vessel was Hudsons four Years & an half ago
but speaketh nothing of his Knowledge but that the Carpenter
that built her told him so, which is but hearsay & at Random,
he speakes of a Vessell the Court saith a Friggott All which
is very Uncertain & therefore Error
The Jury finds a Vessel Called the Expedition did belong to
Hodson, but Hudson sues for a Friggott not distinguished by
any name Nor are these Words a Vessel Called the Expedition
ever named in any of the Proceedings upon Record in the said
Case & therefore the Verdict of the Jury is erroneous. But
admitt all the precedent Allegations of Error insufficient the
which the said Bedloe doth not Grant Yet nevertheless the
Error Ensuing he humbly supposeth will evidently appear.
The Friggott was in the Custody Possession & Charge of
Goodrick as Servant of Hudson Goodrick sells the Vessel after

p. 84