Chancery Court Proceedings, 1675.  471

     not to be stopped by an Injunction upon a bare surmise of ffulford LiberPC
     being a Bankrupt And for that the Comp :lt had remedy by the comon
     Lawe if the Charter party were broken, this Defend.t humbly
     conceived the Comp :1t ought not to trouble hinder & molest him with
     a Vexatious Suite in this Court, & with the generall Traverse he
     concluded his Answer as by the said Bill and Answer remaining of
     Record in the Secretarys Office more fully & att large the same doth
     & may appeare And the said cause soe standing att Issue upon Bill &
     Answer the Comp.lts Councell moved this Court that this cause might
     come to hearing on Bill & Answer to the end the matter being be-
     tweene a Master of Shipp & his Mrchant, and the Shipp haveing
     stayed a long tyme in the Country they might not be any further
     delayed, and the same being usuall practice in Equity, this Court
     upon the said seaventh day of Decembr aforesaid proceeded to the
     hearing of the said cause On which day itt was urged by the Compits
     Councell that the said ffulford was failed in his Creditt att the
     tyme of the Exhibiting of the Comp't Bill & that on a Certificate of
     the Arrivalls of the said Shipp in this Province demand had been
     made att ifulfords house or last dwelling place of aboade & there was
     none to pay the same nor was there any hopes of ever getting any
     satisfaccon for the hire of the said Shipp Seamens Wages Victualling
     the said Shipp or Port Dutyes from ffulford in England or other-
     wise then by securing the same by the said Goods soe Shipped as
     aforesaid & which were their only security for the same as aforesaid
     or out of the proceed or produce thereof And for proofe of their
     Allegacons aforesaid they humbly offered to the Consideracon of
     this Court an Instrument & Certificate of seaverall Affidavits taken
     in the Citty of London before the Lord Mayer thereof under the
     Citty Seale which followes in these words To all that shall see these
     prsents or heard them to be read S.r Joseph Sheldon Kn.t Lord
     Mayor & the Aldermen or Senators of the Citty of London send
     Greeting Know ye that on the day of the date hereof in the Kings
     Majesties Court holden before us in the Chamber of the Guild hail
     of the said Citty personally came & appeared the severall Deponents
     hereafter named being persons well knowne & worthy of good faith
     & Creditt & did by their solemne Oath which they severally tooke
     upon the Holy Evangelists of Almighty God before us then & there
     solemnly declare testifie & depose for certaine & undoubted truth in
     manner & forme as in their severall Deposicons remaining upon
     Record in the Court aforesaid is att large contained the tenor whereof
     truely followeth Videlicet Edward Allen of London Scrivener aged
     Thirty one yeares or thereaboute & Robert Barton of London
     Notary publick aged Twenty Eight yeares or thereabouts Sworne &
     Examined Depose & Say joyntly & severally upon their Corporall
     Oaths As followeth And first the said Edward Allen by & for him- p.86
     selfe saith & deposeth, that he was prsent & did see George ffulford