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Provincial Court Land Records, 1676-1700
Volume 717, Page 622   View pdf image
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                                                                                                      622  (612

       And the Comp.les further shewed that they had never beenn wanting in the
       least in their duty in the assisting in fetching Tobacco & Loading in the sd shipp but
       have all just & due attendance & were ready to goe any service they were comanded
       by the master or M.rchant in repairing and amending the sd shipp if they had been
       supplyed with materialls or comanded soe to doe and that there was about the
       quantity of one hundred and Fifteene hogshds of tobacco brought on board &
       stowed in the sd shipp in order to her Loading homewards but that afterwards
       the same was by order of the sd Master and M.rchant or one of them caused to be
       againe taken out of the sd shipp & was putt on board one John Howells shipp
       the sheild of Stockton and by him carryed for England yett notwithstanding the
       Comp.les continued theire attendance in and upon the sd shipp expecting dayly
       when the sd Master & M.rchant would have given orders & taken care for the repairing
       and refitting the sd shipp out for sea and to have provided for Loading for
       England but they neglected soe to doe and the Cop.lls being driven to may straights
       for want of Provisions which was neglected to be provided for them & they having
       with some goods they brought in them purchased some tobacco they were forced
       to part with theire tobacco to buy Provisions for theire subsistance of all w.ch they
       made theire complaint to the sd master & M.rchant but finding noe redresse & the
       Master pretending to lay the fault upon the sd M.rchant & promised to Joyne with
       the com.les in seekeing reliefe in the p.rmisses and satisfaccon for the same and for theire
       wages of and from the sd John Cape in order whereunto the sd James Anderson
       Together with the Com.lrs became suito.rs to his Exellency the Cap.t Gen.ll and Cheife
       Governo.r of this Province for a Speciall comission to call a Speciall Court to bee
       held in Talbott County afsd to trye the Cause for the then p.lfs against the sd John Cape
       and the shipp for satisfaction for theire sd wages and when the sd comission was
       issued out and the day appointed for the sd Court came the comission.rs found some
       defect in the sd comission soe that they would not proceed on the same and
       thereupon the sd James Anderson & the Com.lrs were forced againe to Peti.on for
       a new comis.on for a Court to be held in the sd County for the purposes afsd and
       the Court being accordingly called the sd James Anderson not only refused to Joyne
       with the Comp.lrs in the prosecucon of the afsd suite but on the contrary entred
       his Retraxit in the sd Court & Joyne with the sd John Cape ag.t the Now Comp.lrs
       & by Meanes thereof & through the unskilfulness of the p.lts Atorny in Maritime
       affaires the Comp.lrs were by the sd John Cape Nonsuited to their extraordinary
       great Charge Loss & Damage yean and Vtter undoeing if not releived by
       this Court where Matters of this Nature being withing the cognizance and
       jurisdiction of the Admiralty Court and there properly examinable and the
       rather for the Comp.lrs cannott find any the Estate of the sd Charles Partis here
       in this Province to answer the Comp.lrs for their Damages & wages afsd
       Nor is there any fraight here due to be paid out of w.ch to satisfye and
       pay the same Nor are the owners of the sd shipp to be brought to answer
       for the same in this Court being all residants in England Nor have the
       Com.lrs any other remedy but out of the sd shipp and Furniture w.ch by
       Law is Lyable thereunto and if not speedly sold for that purpose will
       in a very short time be rendred unable to satisfie the wages afsd
       which will amount to about three hundred pounds sterl besides their
       extraordinary damages & Charges afsd w.ch will amount to above
       Twelve thousand pounds of Tobacco and therefore they prayed this
       Courts Consideracon of the p.rmisses & to grant to them a warrant to the
       sd sherriffe to arrest the sd shipp with all her Tacle Gunns apparrell
       & Furniture & the boates & sloopes thereunto belonging in whose hands
       soever they or any of them should be & to cite the sd James Anderson the
       master & John Cape the M.rchant & all others haveing or pretending
       to have any Right or Interest in the same to appeare in this Court
       to answer the Com.lrs suite & to shew cause if any they have
                                                                                        why the sd


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Provincial Court Land Records, 1676-1700
Volume 717, Page 622   View pdf image
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