MRP: C6/573/2 f. 1
C6/573/2 f. 1
Abstract
Transcription
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//Comission of Bankrupts taken out against the said John ffairfax or an intention to take out a Comission of Bankrupts against the said ffairfax to the ?intent that ?a very XXXXXXXXXXX//
//ffairfax might have his equall ?prvision of soe much of the said summe of three hundred twenty five pounds sixe shillings & ?fowre pence or of any of XXX that doth belong to the XXXX//
//according to his respective debt and your Orator hath spent in ??attorneys in defence of the said suites about twenty pounds And yett XXXsoe itt is may it please your good Lo:pps XXX XXXX//
//Gardiner of London Marchant who likewise pretendeth himselfe to be a Creditor of the said ffairfax together with the said ffairfax & the sd XXXX fforth Charles ?Thorold XXXXXXXXXXXXX//
//and alsoe the said George Clerke continue their ?psecucon of severall suites against your Orator not onely in this hono:ble Court But at the said CXXX XXXXX & Clerk by XXXXXXXXXXX//
//rest of the Creditors of the said ffairfax & others whose names your Orator prayeth may be inserted & then made Def:ts in & to this bill when they shall be discovered XXXXXXXXX//
//to charge them have severally made severall Attachm:ts one in the Sheriffs Court in London & the other in the Maiors Court in London of money due to the said Jo XXXXXXXXX//
//to bee in your Orators hands & doe thereby endeavour to recover what they pretend to bee in your Orators hands due & belonging to the said ffairfax And the said XXXXXXX//
//other of the said Confederates in his name have allsoe arrested your Orator into the upper Bench & there hath declared against your Orator in three severall AmXXXXXXXXXXXXXXX//
//of the case uppon an indebitatas assumpsit for one hundred sixtie two pounds sixe shillings & eight pence (for soe much supposed to bee received by your Orator XXXX use XXXX//
//John ffairfax) which is the same for which the Attachments are made in London as aforesaid & an other in an Accon of the case upon an indebitatas assumpsit XXXXXXXXXXXX//
//pounds as executor to his said brother, sor soe much supposed to bee due to the said John ffairfax for the X?gelt of the said Nicholas Abdy & his servants, and allsoe XXXXXXXX//
//case upon a speciall promise supposed to bee made by your Orator for the said servants five pounds pretended to bee due to the said John ffairfax for the XXXXXXXXXXXXXXXXX//
//Abdye and Notwithstanding your Orator hath offered & is ready to pay the the sd summe of one hundred seaventie sixe pounds five shillings & sixe pence as XXXXXXXXXXXXX//
//canne bee made appeare to bee due by your Orator as Executor of the said Nicholas Abdy unto the said John ffairfax soe as your Orator may bee XXXXXXXXXXXXXXXXXXX//
//from the said bond and the said Attachm:ts & suites & all p:rtences of the Creditors of the said ffairfax by reason of any statute of Bankrupts taken out XXXXXXXXXXXXXXXXX//
//the said John ffairfax XXX other troubles concerning the same but they the said John ffairfax Robert Gardiner Lambert ??Pitches Charles Thorold XXXXXXXXXXXXXXXXXXXXXX//
//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
//and good conscience In XXXXX consideraton whereofe & because your Orator is not only layable to the XXXXXXXXXXXXX//
//severall suites XXXXXXXXXXXXX as aforesaid but may XXXXXXXXXXXXXXXXXXXXXX
//XXXXXXXXXXXXXXXXX due to the said ffairfax ?uppon a Comission of Bankrupts XXX it XXXXXXXXXXXXX as aforesaid XXXXXXXX//
//XXXX forth by the Creditors of the said ffairfax and because itt is against the XXXXXXXXXXXXXXXXXXXXXXXX
//XXXXX Justice of this hono:ble Court to prevent muliplicity of suites To this ?intent
//saved harmlesse from the said bond & all other claymes concerning the said money & ??out of what is due by your Orator to the ?same XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//
//disbursed by your Orator for preservation of that money in which your Orator is ??concerned ??alsoe XX by any suite
//may sett forth uppon his corporall oath the truth of all & singular the p:rmisses & what & howe many Creditors hee hath XXXX or XXXXX att Lawe And to the XXX said ffairfax//
//in your ?said Orators hand & who they are by name & likewise that the aforenamed Creditors of the said ffairfax & the other when discovered may XXXXXXXXXXXXXXXXXXXXXXX//
Commentary
