Letter – Shaftoe Downs to Nicholas Walton – 15 Jan 1740

Gentlemen,

      I have inclosed you a Bill of the Charge accrude in the cause Mr Bunting and really considering the Cause of action & the Circumstances of the proceedings the Expence  could not be avoided As to Mr Bunting’s ill usage & the necessity of commencing the prosecution you are Sensable of, you will perhaps think the Expences of this cause is high but if you will look into the bill & what I shall here mention touching the Coarse of this Contest perhaps you’ll think it moderate in Trin[ity] <voc> 1738 process was Sued out in this Cause to which Def[endan]t by his Attorney Mr Ainsley appeared And in Mich. Term following a Declaration was filed & in Hil[ary term]  After Def.t neglected to plead an Interlocutory Judgemt. was regularly obtained & a writ of Enquirey was issued and was Executed, but notwithstanding the assault was Sufficiently proved the Jury brought  in no damages wch verdict the Sherif readily took. 

      The Sheriff finding the Court was to be moved agst. him for a misdemeanour herein offered to refer it to Counsell which being agreed to the agents on both sides attended Mr Counsellor  Dennison, who gave his opinion for the pla[intiff>] to take Notice of this writ of Enquirey, but to stay till the return thereof & then to take out a new writ Pursuant to those Gentlemens Oppinion a New writ was taken out & Exempted & the Jury found damages. In Trin. term last Mr Ainsley upon Affid<avi>ts moved the Court to have the whole proceedings quashed upon paymt. of Costs & to be let into plead. The Court upon a full hearing agree’d that the Judgm.t> Shou’d stand but that the 2nd writ of Enquiry shoud be quashed the Judges giving for a Reason that as there had been one writ of Enquirey already Executed in the Said cause the P[laintif]  shoud have had the <leave> of the Court for the taking out of the second writ. 

      There you see Mr Dennisons oppinion was naught & led us aside. Last Mich.s Term I mov’d for a New writ & to quash our first writ which was readily granted & Executed  & has put an end to this troublesome affair. The prot<hess> granted was only £11:6:8 which I have Recd. for the Def.t. I am Gents

      Your most Hble Servt

      Shaftoe Downs