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Bond and arbitration order in dispute between Mary Gyde of Rodborough, wid., and Sam. Merrick of Bristol, woollen draper, 1747

Title
Bond and arbitration order in dispute between Mary Gyde of Rodborough, wid., and Sam. Merrick of Bristol, woollen draper, 1747
Additional Information
Held at the Gloucestershire Archives (Alt Ref No: D149/T19)

The document was discovered during research for the book Roebuck/Boorman/Markless, English Arbitration and Mediation in the Long Eighteenth Century, 2019. A special thank you to Francis Calvert Boorman for making us aware of the document.

See also the prensentation of Dr. Francis Boorman, Institute of Advanced Legal Studies, University of London, on the history of arbitration in England, from the seventeenth to the nineteenth century, in which this document is presented and explained.
Table of Contents
Content

A. Arbitration bond


 This award is based on a abitration bond signed in the same year. A photograph of this bond is accessible by clicking on the thumbnail.












B. Transcript of the award of 24th April 1747


To all whom this present writing of award shall come Joseph Percival of the City of Bristol Merchant & Christopher Raymond of the same city upholder send greeting Whereas differences have arisen and depending between Mary Gyde of Rodborough in the County of Gloucester Widow of the one part and Samuel Morrish of the said City of Bristol Woolendraper of the other part ffor the composing and final ending whereof they the said Mary Gyde & Samuel Morrish by two several obligations under their hands and seals bearing date the tenth day of this instant April became & stand bound unto each other in the penalty of one hundred pounds apiece Conditioned respectively to stand to and perform the award and determination of us the said arbitrators indifferently elected & named between the said parties to award order judge and determine of & concerning all manner of actions & causes of actions suits bonds bills specialties judgments executions controversies damages & demands between them so as our award should be made in writing & ready to be delivered to the said parties in difference on or before the twenty fifth day of this instant April as by the said writed obligation and conditions relation being thereunto had may appear Now know ye that we the said Joseph Percival & Christopher Raymond having taken upon us the burthen of the said award & fully heard & examined the said parties in difference & their several proofs & allegations & duly considered thereof do within the time to us in that behalf limitted Make & Donate this our award between them as followeth (Viz.) ffirst we award & order that the said Mary Gyde her heirs Execs or Admors do or shall on or before the twenty fifth day of this instant April well & truly pay or cause to be paid unto the said Samuel Morrish his execs admors or assigns the sum of two pounds two shillings which money being paid as aforesaid We & award shall be in full satisfaction  7 discharge of all actions & suits & causes thereof bills bonds specialties debts dues sum & sums of money accompts reckonings judgments executions extents damages claims & demands whatsoever between the said parties to the said tenth day of April now last past & that the sd Samuel Morrish shall accept thereof accordingly being paid as aforesaid And lastly we award that the said sum of two pounds two shillings being paid as aforesd they the said parties their exors & adms shall on the said twenty fifth day of April instant execute & deliver to each other respectively a sufficient release & discharge of & from all actions & suits & causes thereof bills bonds specialties debts sums of money accompts reckonings judgments extents executions damages claims & demands whatsoever in law & equity between the said parties from the beginning of the world to the said tenth day of April now last past In witness whereof we the said Joseph Percival & Christopher Raymond have hereunto set our hands & seals the twenty fourth day of April in the twentieth year of the reign of our Sovereign Lord George the Second now King of Great Britain etc and in that year of our Lord 1747.

A project of CENTRAL, University of Cologne.