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  1. #1
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    Default 1793 Understanding debtor's trial documents

    I have transcribed a document found at TNA and wondered if anyone could put it into layman's terms for me? When it refers to 'damage' could this be money owing? It's not easy to read!! Nathaniel was sent to the Fleet prison. Thank you!

    1. Nathaniel Collyer Gentm on the 4th day of July 1793 was committed …. for want of bail there … by the Honble Mr Justice Heath upon a writ of Habias Corpus directed to the Sherriff of Middlesex and by the return it appears that on the 31st day of January 1793 Nathaniel Collyer Gentleman in the said writ named was taken by the said Sherriff and under his custody detained by virtue of a writ of Capias ad respondendum retble (?) before the Kings Justices at Westminster in eight days of the Jurification to answer Stephen Parsons in a plea of trespass and also that the said Nathaniel may answer the said Stephen according … in a certain plea of Trespass on the case upon promises to the damage of the said Stephen of £1000, Oath £500 & upwards. Law.

    2. On the 3rd May 1793 Decton (?) ats George Charles Montague Whiting case damage £100. Oath Rice (by Plaisted?)
    3. On the 13th May 1793, Decton ats Stephen Parsons Case Damage £1000. Readshaw. 15 Cliffords Inn. On the 26th June 1793 Mr Chas Bower was appointed
    Atty in this cause.
    4. On the 1st July 1793 he was charged with a Decton ats Thomas Jones Case, Damage £100. Bail for £49 upwds W Masters, King St Holborn.
    5. On the 31st August 1793 he was charged with a Declon at the suit of William Adams Case Damage £99 :- Bail for £41 upwards Bunn.
    6. On the 20th April 1794, he was charged with a Decton at the suit of John Clarke, Case £70 (no oath) J Pilcher.

    In the margin at the top of this entry;
    1. 6770 15th Jul 1794 Dd by Insolvent Act by(?) Wart of Plts Atty Dd 1

  2. #2
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    I'm guessing "retble" after 'capias ad respondendum' is an abbreviation for returnable

    https://en.wikipedia.org/wiki/Capias_ad_respondendum

    sorry, can't help with the overall meaning

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    This explanation of Trespass and Trespass on the Case may help a little:
    https://law.jrank.org/pages/4009/Action-on-Case.html

    The abbreviation 'case' is therefore Trespass (or action) on the Case.
    ATS = at the suit (of), or in more modern language, claim brought by

    Like you, I think damage = a sum of money claimed as damages.

    I don't know about Decton - I guess I'd need to see it written. Deception?

    The entry in the margin I also don't know, but Dd is possibly discharged. Again, I'd probably need to see the written document to see if I read it any differently - which I probably won't, but you never know!

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    Quote Originally Posted by Jomot1 View Post
    The entry in the margin I also don't know, but Dd is possibly discharged. Again, I'd probably need to see the written document to see if I read it any differently - which I probably won't, but you never know!
    I had a quick look at the London Gazette, and I think Discharged is correct. Issue 13676, dated 21 June 1794, midway down p628 explains that certain prisoners for debt were intending to take the benefit of an Act called 'An Act for the Discharge of certain Insolvent Debtors'. Nathaniel Collyer appears about 2/3rds down on the left on page 639, and was a prisoner of the Fleet prison:

    https://www.thegazette.co.uk/London/...13677/page/628
    https://www.thegazette.co.uk/London/...13677/page/639

  5. #5
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    Thank you - that's really helpful. The Gazette gave information as to where he was living. I do wonder if the 'decton' could be 'declon' - declaration? I also wondered if the other names eg Masters and Bunn may have been the people who put up the bail money for him?

    There is also an instance of a Nathaniel Collyer being held in the Fleet in March 1778 but only for about three days. I can't see that mentioned in the Gazette.

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