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He testified in the ''Clayme of Christopher Boone ... for severall parcilles of silver and Cotcheneale hereto fore specially claymed by Adrian Goldsmith of Antwerpe'' that an Instrument of Transferanse had been prepared and passed between Boone and Adrian Goldsmith in the City of Antwerpen, where Goldsmith lived. However, he had not personally been present at the passing of the instrument. | He testified in the ''Clayme of Christopher Boone ... for severall parcilles of silver and Cotcheneale hereto fore specially claymed by Adrian Goldsmith of Antwerpe'' that an Instrument of Transferanse had been prepared and passed between Boone and Adrian Goldsmith in the City of Antwerpen, where Goldsmith lived. However, he had not personally been present at the passing of the instrument. | ||
| − | Bathurst was keen to emphasise that the transfer, which was of silver and cotcheneal, was real, and was in response to the adequate satisfaction of Goldsmith's debts to Boone. Importantly, Boone, he argued, had no further claim on Goldsmith, nor right to revert to Goldsmith. It was thus a real and not a colourable transfer, and not in trust. Colourable deals were apparently not unknown, and involved the establishment of a trust, with the rights to the goods or ship in question revertable to the original owner. See XXXX. | + | Bathurst was keen to emphasise that the transfer, which was of silver and cotcheneal, was real, and was in response to the adequate satisfaction of Goldsmith's debts to Boone of 200,000 Ryalls. Importantly, Boone, he argued, had no further claim on Goldsmith, nor right to revert to Goldsmith. It was thus a real and not a colourable transfer, and not in trust. Colourable deals were apparently not unknown, and involved the establishment of a trust, with the rights to the goods or ship in question revertable to the original owner. See XXXX. |
* "30. To the 2 hee saith hee was not present at the makeing of the Accompts betweene the | * "30. To the 2 hee saith hee was not present at the makeing of the Accompts betweene the | ||
Revision as of 19:05, January 4, 2013
Commercial law
Editorial history
01/12/12: CSG, created page
Purpose of page
The MarineLives project is seeking to link and enhance HCA 13/71, not just to transcribe it.
XXX
All associates, facilitators, advisors and PhD Forum members are encouraged to contribute to this page from their knowledge of the material, and from their broader knowledge and interest in the topic.
- XXXX
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- HCA 13/71 f.XXXX Case: XXXX; Deposition: XXXX; Date: XXXX. Transcribed by XXXX[1]
Contents
Suggested links
Credit
High Court of Admiralty process
Marine law
Merchants Accounts
The Exchange in the City of London
Advices
See EXAMPLE
Bills of Lading
See EXAMPLE
Bills of Sale
See also Instrument of Transferance
The scrivener Walter Craxton of the London parish Saint Mary at Hill testified in the case of James Long and Companie touching the vessell the Plaine Dealing of Bristoll that he had witnessed the signing, sealing and delivery by William ffreeman of a bill of sale for the ship the Plaine Dealing of Bristoll.
Craxton stated that he was familiar with the contract and document, since he "tooke instructions from them for drawing up of the said bill of sale."
- "7. Walter Craxton of the parish of Saint
8. Mary at Hill London Scrivener, aged
9. 45 yeares or thereabouts sworne in the
10. High Court of the Admiraltie and examined
11. upon an Interrogatorie as witness on the behalfe
12. of the said James Longe videlicet as followeth
13. To the said Interrogatory hee saith and deposeth that hee this deponent
14. was present and did see the bill of sale annexed to the said Interroga=
15. terie signed and sealed by William ffreeman alsoe named, and saith
16. the contents thereof were and are true and soe had and donne as
17. therein is mentioned, which hee knoweth because hee this deponent
18. was by the said parties made acquainted with the said contract and
19. tooke instructions from them for drawing up of the said bill of sale,
20. and the same here being furnished, and being soe signed and sealed and delivered
21. by the said ffreeman, and this deponent set his name on the
22. back thereof as a witnes as nowe appeareth
23. Walter Craxton: SIGNATURE, RH SIDE"
- HCA 13/71 f.141r Case: On the behalfe of James Long and Companie touching the vessell the Plaine Dealing of Bristoll, in a businesse of Assurance; Deposition: 1. Walter Craxton of the parish of Saint Mary at Hill London Scrivener, aged 45 yeares (Signature of "Walter Croxton" at end of deposition); Date: 22/04/1656 . Transcribed by XXXX[HCA 13/71 f.141r)]]
Bonds
See EXAMPLE
Charter Parties
See for example:
- Charter party for the William, 1667, London to Guinea to London C6/36/21 f. 3
- Charterparty (Dated November 7th 1654; First party were John Paige and Richard Ely of Plymouth merchants partowners of the Golden Cocke of Plymouth, or the burthen of eighty five tonnes; Richard Chappell Master; ship lying in the River of Thames; Other party to the charterparty were Thomas Canham, John Paige and Maurice Thompson of London Merchants; to go to such places within and without the Straeights from the Port of London, starting at Gravesend; mentions the house of Thomas Canham, scituate in Lombardstreete London; signed Thomas Canham, Maurice Thomson (sic) John Paieg (their original signatures, but seals removed) HCA 15/6 1654-1657
Coquettes
Instrument of transferance
An instrument of transferance seems to be similar to a bill of sale. Possibly a more generic legal name?
Benjamin Bathurst had been in Seville in the year 1654 attending Anthony Upton, who was Christopher Boone's correspondent in that city. He had returned tio London, and for the last few months had been apprenticed, aged nineteene, to Christopher Boone.
He testified in the Clayme of Christopher Boone ... for severall parcilles of silver and Cotcheneale hereto fore specially claymed by Adrian Goldsmith of Antwerpe that an Instrument of Transferanse had been prepared and passed between Boone and Adrian Goldsmith in the City of Antwerpen, where Goldsmith lived. However, he had not personally been present at the passing of the instrument.
Bathurst was keen to emphasise that the transfer, which was of silver and cotcheneal, was real, and was in response to the adequate satisfaction of Goldsmith's debts to Boone of 200,000 Ryalls. Importantly, Boone, he argued, had no further claim on Goldsmith, nor right to revert to Goldsmith. It was thus a real and not a colourable transfer, and not in trust. Colourable deals were apparently not unknown, and involved the establishment of a trust, with the rights to the goods or ship in question revertable to the original owner. See XXXX.
- "30. To the 2 hee saith hee was not present at the makeing of the Accompts betweene the
31. sayd Boone and Goldsmith, neither were the sayd Boone and Goldsmith ˹as hee beleeveth˺ present at it them
32. selves, but the same (as hee hath heard the sayd Anthony Upton affirme) was made by
33. him the sayd Upton as Agent for the sayd Boone and the sayd de Loon and Panninque
34. as Agents for the sayd Goldsmith And further hee cannot answere/
35. To the last hee saith hee was present at not present at the passing of the Instrument
36. of Transferense betweene Mr Boone and Mr Goldsmith, but beleeveth the same
37. was made at Antwerpe where the sayd Goldsmith dwelleth, and verily beleeveth and
38. is perswaded in his conscience for the reasons aforesayd that the sayd Transferense
39. was reall and not colourable And further cannot answere/
40. Ben Bathurst SIGNATURE, RH SIDE
41. Repeated before doctor Godolphin/"
- HCA 13/71 f.384r Case: The clayme of Christopher Boone of London Merchant for severall parcilles of silver and Cotcheneale hereto fore specially claymed by Adrian Goldsmith of Antwerpe having bin seized in the Shipps the Sampson Salendor Saint George and Morning Starr and since legally transferred to him the sayd Christopher Boone and perticulerly conteyned in the Instrument of transfference exhibited into this Court the 14th of ffebruary 1654 and remayning in the Registry thereof ("Examined on the sayd allegation") Deposition: 3. Beniamin Bathurst of London Merchant aged 19 yeeres (Signature of "Ben Bathurst" at end of deposition); Date: XXXX ("same day"). Transcribed by XXXX[2]
Invoices
Letting a ship to freight
The ship the Alexander was let to freight by its Captain William Watson to Armiger Warner for a voyage from ffalmouth to Corke in Ireland and then to Virginia, and to ship tobacco from Virginia to London
The merchant George ffaulckoner had travelled as supracargo on the ship the Alexander and testified that he was not a witness to the signing, sealing and delivery of documentation relating to the letting for freight of the Alexander to Armiger Warner.
- "16. To the 2 and third articles of the sayd Libell hee saith hee cannot of his
17. certayne knowledge depose to the contents of them for that hee was not a wittnesX GUTTER
18. present at the signeing sealing and delivery of the schedule in the third article
19. mentioned hee being in Ireland at the tyme of the sigening sealing and
20. delivery of the same by the arlate William Watson but hath hear the sayd
21. Watson after his arrivall in Virginia Confesse and saye that hee had
22. Contracted with the arlate Armiger Warner and lett him the sayd shipp
23. to ffreight for a voyage to bee made from ffalmouth in England to Corke in
24. Ireland and thense to Yorke River or Rapahannack in Virgina
25. thense to London and to lade in Virginia and bring thense to London three
26. hundred tonnes of Tobaccoe accompting fower Virginia hogsheads to
27. every tonne And further to these articles hee cannot depose saving
28. his subsequent deposition./"
- HCA 13/71 f.401v Case: Warner against Howe and Watson ("Examined upon the libell on behalfe of the sayd Warner"); Deposition: 7. George ffaulckoner of London Merchant and supracargo of the shipp Alexander the voyage in question aged 40 yeares; Date: 24/10/1656. Transcribed by William kellett.[3]
Petitions
See EXAMPLE
Protests
See EXAMPLE
Receipts
