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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66538 The case of John Wilmore truly and impartially related, or, A looking-glass for all merchants and planters that are concerned in the American plantations Wilmer, John. 1682 (1682) Wing W2883; ESTC R12073 18,809 20

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of his at whose Mercy Beamont did lye there was a Record rased by somebody I suppose Mr. Settle may more certainly inform you since my Retirement I have not had Opportunity to make Inquiry into Particulars But both Vaveser and Beaumont by Common Fame are notoriously known Now I thought my self at rest for some time but my Enemys meant no such Thing for quickly was I served with an old Obsolete Writ that is scarce in a King's Reign made use of called De homine Replegiando which was made returnable immediate or immediately I told Mr. Beaumont and the Clark-sitter one under Mr. Trotman Secondary or Deputy Sheriff at the Poltry Counter That I did not understand the meaning of it but I would immediately advise with Councel and accordingly would put in my Return And I very happily met with Councell in the same House to whom I shew'd the Writ and stated my Case he said He would look it over and draw up a Return But before Councel could draw it up I was next day serv'd with an Alias returnable also immediate being of the Tenor of the Former and the next day was served with a Pluries By this time my Councel had finished the Return which by good Witness was carried to the Poultry Counter drawn by him in Latin Therefore for the more Common Understanding thereof I give it with the Pluries in English for our Commonalty generally as yet do not understand either Latin Prayers or Court-Hand Latin Writs The Pluries CHARLES the Second by the Grace of GOD of England Scotland France and Ireland King Defender of the Faith c. To the Sheriffs of LONDON Greeting Whereas WE have often Commanded you That justly and without delay you should cause to be Replevied the Body of Richard Civiter which John Wilmer of Jewen street LONDON Merchant hath Taken and having Taken doth hold as it is said unless he should be taken by Our Special Precept or that of our Lord Chief Justice or for the Death of a Man or for our Forrests or for any other Cause whereby according to the Custom of England he is not repleviable That We might hear no further Clamor for Defects of Justice or that you should signifie unto US the Cause why our said other Precepts to you directed you would not or could not Execute and you contemning as We Conceive Our said Command to Replevin the said Rich Civiter or at least have not hitherto taken Care to signifie unto Us the Cause why you would not or could not do the same to the manifest Contempt of Us and Our Commands and to the great Dammage Grif of the said Richard Civiter Concerning which We are Amazed and extreamly moved Therefore firmly injoyning We do now Command you That you do cause the said Richard Civiter to be replevied according to the Tenor of our said former Precepts to you formerly directed or else That you yourselves be before Us from the day of Easter in three Weeks wheresoever We shall be in England to shew Cause why Our said Commands to you so often directed you have dispised to execute and have there this Writ Witness Our Self at Westminster the 28th day of April in the XXXIV year of our Reign Shellberry By the Lord High Chancellor of ENGLAND To the abovesaid Writ I shall subjoyn the Return drawn up by my Councel which is in these words following WE Samuel Shute Esq and Thomas Pilkington Esq Sheriffs of the City of LONDON to Our Sovereign Lord the King and the day and place within mentioned do certifie That the within named John Willmer doth Assert and Claim the within Named Richard Civiter to be his Servant by Contract between the said John Wilmer and Richard Civiter by Deed indented By which Indenture the said Richard Civiter for a price did Bargain with the said John Wilmer to serve him the said John Wilmer in his Affairs in the Island of JAMAICA for a Term of years as yet to come and long before the coming to us of the said Writ he did of his own Accord pass over unto the said Island by Reason whereof we the said Sheriffs him the said Richard now in the Service of the said John in the Island aforesaid cannot Replevie or Deliver Signed by Council Anthony Welden Now that the World may see this Return was True and Honest and the State of my Case I shall here annex the Copy of the Indenture it self as followeth THis Indenture made the 31 of March in the year of our Lord 1680 between Richard Civiter of the one part and John Wilmer of London Merchant of the other part Witnesseth That the said Richard Civiter doth hereby promise covenant and grant to and with the said John Wilmer his Executors and Assigns from the Day of the date hereof until his first and next Arival in Jamaica in parts beyond the Seas and after for and during the Term of Nine years to serve in such Service and Imployment as he the said John Wilmer or his Assigns shall imploy him according to the Custom of the Country In the like kind in Consideration whereof the said John Wilmer doth hereby covenant and grant to and with the said Richard Civiter to pay for his Passage and to find and allow him Meat Drink Apparel and Lodging with other Necessaries during the said Term and to pay unto him the said Richard Civiter as by Custom of the Country he ought and in such Case is used In witness whereof the Parties above-mentioned to these Indentures have interchangeably set their hands and Seals the Day and year first above written Sealed and delivered in the presence of Walter Ninn Mayer of Graves-End Richard Cresswell Searcher VVilliam Codd Attorney Having brought you thus far the said Return being given in as aforesaid my Councel assured me according to the best of his Judgment That I should hear no more of it if the Sheriff made that Return But I said VVhat if they Scruple it He answered Do you stand by it for 't is the Truth of your Case and if they do make any other upon their Perils be it for if they make a false Return what ever Dammage you suffer you have good Remedy against the Sheriffs when their time is expired I being assured of the fidelity of my Councel did sit down satisfied But here I might lead you into a large Field as to what passed between the She Sheriffs Mr. Secondary Trotman the Councel and my self but it s not material having come to a greater length already than I hoped it would therefore now shall study Brevity In fine there was a Return made other than what I first put in which was in the Lawyers term an Elongavit the fence whereof is Englished as followeth BEfore the Coming of this VVrit to us directed the within named Richard Civiter was elongated by the within named John Wilmer to Places to us altogether unknown so that the said Richard Civiter we could not Replevine as within is