MRP: C6/133/228 f. 6
C6/133/228 f. 6
Editorial history
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Abstract & context
Transcription
//The joint and severall Answers of George Kendall, Thomas Paris and Thomas Williams Three of the def:ts to the Bill of Comp:lt of Oliver Williams Comp:lt//
//The said defts saving to themselves now and at all times hereafter all advantage of Excepconn to the incertainty & insufficiency of the said Bill of Comp:lt for answer to ?p:rmisses thereof as any waies materially concerneth them in ?these ?def:ts XXXXXXXXXXX//
//unto say That about the time in the Bill specified these defts and the other deft Alexander ffarley were owners of the shipp called the Hopewell and of the cargasoone of goods laden aboard the said shipp amounting to Eighteene ?hundred//
//pounds sixteene shillings and ffower pence or thereabouts and then bound for a voyage to Gynney and from there to the Barbadoes, And these defts and the Comp:lt and the said ffarley had such shares & parts in the said shipp and goods as in the said bill of comp:lt aforesaid XX//
//But the deft Thomas Williams saith That he did not know That the comp:lt had any part therein Till after the said shipp was gone upon her said voyage. And aXXd that upon the promise of the other deft Alexander ffarley That he would manage the said Trade to their best profitt [?of]//
//the severall parts they had therein, And that upon the promise of the other def:t Alexander ffarley That he would manage the said Trade to their best profitt and advantage And that he would give them a true and just accomte of his proceedings in that//
//voyage and for all goods put aboard the said shipp outwards & homewards upon any private adventure at the returne of the said shipp into England they did trust him to ?bee master & ffactor in the said voyage & to dispose of the goods aboard the said shipp according to their order and directions And this deft George Kendall saith that hee had aboard the said shipp some goods for his private accomte, but the other defts say That they had noe other but what XXX//
//were for the partable Accomte of all the said adventurers And they say That the said shipp did shortly after proceed upon her said voyage, and they beleive That the said ffarley at his arrivall at Gynney and the Barbadoes, did barter sell exchange and//
//dispose of the severall goods and merchandizes for good profit, but they doe not know of what value all the goods were which were laded aboard the said shipp either at Gynney or the Barbadoes for the joint accomte of the said Partowners nor what//
//goods were reladen for the private accomte of any other persons save what was returned for the private accomte of the said def:t George Kendall as before is sett forth And these def:ts alsoe say That the said shipp returned into England & arrived//
//at London about the time in the bill menconned, but they doe not know or beleive That all the proceed of the goods put aboard the said shipp for the partable accomte of the said Adventurers was in the said shipp at her returne into England, But this//
//def:t George Kendall confesseth That shortly after the arrivall of the said shipp in England the said ffarley did send or deliver unto him a paper which he pretended was an Accomte of the whole proceed of the said voyage for the joint Accomte of the//
//said Partowners, but he doth not know or beleive That all the goods and merchandizes brought home in the said shipp for the joint accomte were sett downe in the said paper, but for the particulars thereof and what fraight was allowed for goods, for any//
//private Accomte (if any were) this def:t saith That they are sett downe in the said paper or accomte, and more or any other goods or merchandizes this def:t hath not received, and to which this def:t for the more certainty therein referreth himselfe//
//But this def:t denyeth That the said ffarley did deliver any Invoyces or other papers or books of accomte touching the said shipp goods and fraight to this def:t, onely he shewed this def:t some bills of lading, And this def:t did shew the said paper or//
//accompt to the rest of the def:ts and to the comp:lt and upon perusall and consideracon had thereof all these def:ts say That they did find many errors and imperfections therein and to which these def:ts and the comp:lt tooke divers Excepcons and which are ready//
//to be prduced, as occasion shall require and to which these def:ts referr themselves, And this def:t George Kendall further saith That he did receave such goods and merchandizes as were laden aboard the said shipp for the partable accomte as the said//
//ffarley delivered unto him and did sell and dispose the same for the joint accompt of the Comp:lt and the rest of these def:ts and whereof and the prizes for which they were sold he hath given a true and just accomte to the comp:lt and the rest of//
//these def:ts who perused the same and did approve thereof And thereupon this def:t did pay or cause to be paid to the comp:lt the summe of Ninety pounds or thereabouts, And which upon a ??joint accomte appeareth to be more than his part of the goods//
//came unto But this def:t doth deny That the said ffarley hath allowed any thing in the paper or accomte which he delivered to this def:t for the fraight of any goods that he brought home in the said shipp either for his owne private accomte or for the accomte of//
//any others who had adventured w:th him therein without the knowledge or allowance of these def:ts, But this def:t denyeth That the comp:lt did desire this def:t to shew him y_e Bills of lading Invoices accomte books and papers or to give him an accomte of//
//the Cargasoone of goods and of the returnes and proceed thereof or of the said fraight or the money for which the said shipp wxh for Tackle and furniture was sold, or that he delivered the comp:lt onely such accomte whereof a copey is annexed to//
//his said Bill, but he did shew to the comp:lt & the other def:ts such an Accomte as the said ffarley had delivered unto him, And if the same be imperfect or untrue the said ffarley is to be blamed for the same, for this def:t hath not altered the same //
//since it was delivered unto him, and the same which the def:t received from the said ffarley he presented to the comp:lt and other of these def:ts, Together with an accomte how this def:t had disposed of the said goods, And this def:t conceaveth That ?the//
//Accomte annexed to the said Bill is a Coppy thereof, but for the more certainty thereof this def:t referreth himselfe to the accomte it selfe, and the comp:lt and the other def:ts have receaved sommes as there appeared to be due to//
//them upon the said accomte, And this def:t saith That he doth not understand what the comp:lt meaneth when he saith That a hundred Tunns of sugar worth Thirty pounds a Tunn were receaved by this def:t, ffor this def:t saith That he//
//doth reckon the sugars by the hundred weight and how many hundred weight he receaved is menconned in the said Accomte and for what they were sold or otherwise disposed of And this def:t saith That Twenty butts of the said sugar//
//being of a worser sort than the rest and could not be heere sold at soe high a price as the rest were, it was by a joint consent of the comp:lt and all partowners except the said ffarley XXXX) That the same should be shipped and sent to Rhone in ffrance//
//where they expected to put them of at better rates than they could heere in England And those sugars being much wasted ffive butts more were imployed to fill them upp But this def:t doth not know what the same weighed when the same were//
//shipped in the Barbadoes nor could any value be sett thereon Till they had beene sold at Rhone, nor of the value now of any Consideracon (the said sugar and shipp being taken as prize by the Hollanders in her passage to Rhone And this def:t ?Thomas//
//Paris saith That he did acquaint the comp:lt with their intention to send the said sugars to some parts beyond the seas and the causes that moved them thereunto; And this def:t demanded of him what he would doe with his part thereof To//
//which he replyed That his part of the said sugars came but to a litle and that he would doe as the rest of the Partowners did, And this def:t George Kendall saith That he did not omitt to place to accomte any parte of the Elephants Teeth or//
//malegettoes, or that he receaved any more Teeth or malegettoes from the said ffarley than are menconned in the said Accomte delivered to this def:t by the said ffarley and the said Accomte delivered by this def:t to the rest of the Partowners//
//of which the comp:lt & the rest of these def:ts have receaved their proportionable parts, And this def:t doth not know nor can expresse what the said goods weighed at the Barbadoes or at the Scales in the Custome House in London//
//they were landed nor their number and weight being laden aboard the said shipp and taken upp w:th other goods, nor is it materiall what the marks and numbers were at their shipping for Rhone, the weight or quantity of the said//
//sugars being acknowledged by the comp:lt to be Twenty Butts and that ffive butts were imployed to make them upp and the comp:lt made no question either touching the number markes or weight when the said Accompt was shewed unto him//
//and the rest of the def:ts, nor did he then take any Excepconns to the said Accomte, And the comp:lt himselfe (upon perusall of the said Accomte) did himselfe cast upp what every mans dividends came unto, and which was paid unto them respectively//
//without any dispute made touching the same soe that the comp:lt hath noe just cause to question these def:ts for the same nor to put them to the unnecessary Charge of this suite, which these def:ts have cause to beleive is presented by//
//Combinacon betweene the comp:lt and the said ffarley, by whom and not by these def:ts, the comp:lt was brought in to be Partner in the said shipp and goods, and the comp:lt did not pay his proporcon in money as these def:ts did that he brought//
//in his adventure in Calivers and Pistolls which he values at a hundred pounds, but were not worth Threescore pounds (as these def:ts conceave and they beleive they did not stand XXX in somme whereas he made a greater gaine to him//
//selfe than these def:ts did, who brought in their proportionable parts in money and besides the ninety pounds which the comp:lt hath receaved of receaved of this def:t upon the joint Accomte, the said ffarley (as these def:ts have beene informed//
//hath delivered him back divers of the goods which he put aboard the said shipp for his adventure, And these def:ts doe deny all combinaccon w:th the said ffarley or any other to make the comp:lt to participate of such//
//miscarriage and charge in the said voyage to Rhone or that they knew That the compl:lt never gave any consent or order for the transportation of the said sugars, for these def:ts say That he was soe farr from contradicting or//
//gainsaying the same That when he was made acquainted thereof he did consent thereunto as before is declared, But these defts doe deny That the said sugars might have been sold heere at the rate the rest were, by//
//reason of the badnes thereof, for if that had beene true, these def:ts would never have sent them beyond the seas, nor hazarded the lesse thereof, And this deft George Kendall doth deny That he hath omitted to place to/
//accomte any other goods and merchandizes or for fraighte receaved for the joint accomte or that he or any other of the partowners did consent That sixty fower pounds of the money from which the said shipp Tackle & furniture//
//was sold to M:r Gold should be abated, But he saith That it is true That M:r Gold doth deteine soemuch money in his hands by reason of some arrest or attachment for engagem:ts which the said ffarley had made the said//
//shipp lyable unto, before the sale thereof and which were then unknowne to these def:ts, and this def:t can be accomtable for noe more than he hath receaved, nor is it materiall to these def:ts whether the def:t did consent//
//thereunto or not, for the said money was not deteyned by the consent of any of these def:ts, if it could have beene XXXXXXXXXXXXXXXX and they are greater ??lossess thereby than the comp:lt, And the def:t George Kendall saith//
//That the comp:lt was present w:th him at the Treaty w:th the said M:r Gold for the sale of the said shipp and ?he ??consented and agreed to the sale thereof, And this def:t George Kendall denyes That on the debtors side he hath placed to/
//accompt divers summes of money for custome excize and charges more than he hath paid, And this def:t saith That he did shew unto the comp:lt and the other def:ts the seamens severall acquittances under their hands for the money he paid ?them//
//for wages which amounte to the summe in the Bill menconned or neare thereabouts, and he is still ready to produce the same (if it be required) And this def:t saith That by consent of the partowners he was to have factorage for sellin the said goods//
//and that he hath placed to accomte the summe in the Bill menconned and which this def:t conceaveth is not unreasonable, and the comp:lt is lesse concerned therein than the other def:ts are, and the allowance in these cases is uncertaine some times//
//more and sometimes lesse; And these def:ts doe deny That the comp:lt did ever request them or any of them to shew unto him the said Bills of lading, Invoyces, accomt books and papers or to deliver unto him a true perfect and just accomte//
//to pay unto him his full proportion of the returne and proceed of the said goods and of the money receaved for fraight and for the shipp or that they refused soe to doe, or that they have not paid unto him above ffower score pounds, or that his part//
//???amounteth to any more than what hath beene paid him as aforesaid, or that these def:ts have paid one to another great summes farr exceeding their proporconns, And if in truth there had beene any such partiall and unequall dealing the comp:lt having//
//beene taken notice thereof when the def:t George Kendall presented his accomte to him and these other def:ts, and against w:ch the comp:lt then tooke no Excepconns, nor was there any just cause for him soe to doe (the comp:lt having//
//receaved his full proportion and rather more than lesse; And therefore these def:ts contend that he hath noe just cause to complaine or to put these def:ts whoe have beene great sufferers by the said voyage to the unnecessary trouble//
//and ???expence And whereof they humbly pray That this Court will take XXXXXXXXXXXXXXXXX XX matter or thing in the said Bill of comp:lt conteyned materiall or effectuall in the law to be by these def:ts XXXXXXXXXXXXX//
//??therein and XXXXXX not well and sufficiently answered unto confessed and avoyded traversed or denyed is true, All which matters and things these def:ts are and wilbe ready to averr and prove as this hono:ble Court shall award and//
//humbly pray to be hence dismissed w:th their reasonable costs and charges herein wrongfully susteyned//
//Ro: ?Halsoy [Signature, bottom RH corner]//
Commentary
See C6/133/228 f. 1
See C6/133/228 f. 2
See C6/133/228 f. 3
See C6/133/228 f. 4
See C6/133/228 f. 5
