MRP: C6/125/Pt1/150 f. 2
Contents
C6/125/Pt1/150 f. 2
Edtorial history
15/11/11, CSG: Imaged manuscript
19/11/11, CSG: Started & finished transcription
Abstract
Transcription
//XXXX 1654//
//Th: ??Brett//
//The Answer of Robert Abdy def:t to the bill of Comp:lyt of John ffairfax Robert ?Gardiner Charles Therold//
//Lambert Pitches & Hugh fforth Compl:lyts//
//The said def:t nowe and att all tymes hereafter saving to himselfe all Advantage of Excepcon the the Incertainties and Insufficiencies of the //
//Compl:lyts said bill which as this def:t is advised by his Councell doth seeke relife for matters recoverable of at all at the Common Lawe//
//in case the allegation of the bill before and for Answer thereunto sayth That itt may bee true that the said Comp:lyt ffairfax and Thomas//
//Barnsley in the Bill named or one of them did lade or cause to bee laden aboard the shipp Nicholas in the said Bill likewise named//
//a parcell of Currants of the value in the Bill menconned or some such value but denyeth that the same was consigned to this def:t or that//
//the defendant by vertue thereof received and sold the same or ever acknowledged soe much by any Accompt or other writing as in the//
//said Bill is untruly surmised neither doth this def:t knowe of any such debt as is pretended to bee due and owing from Nicholas Abdy//
//this def:ts Brother in the bill named or hath reason soe to beleive for his owne and his servants dyett in Legorne for that this deft saith//
//that the said Nicholas Abdy and one M:r Willyams as this deft hath beene informed kept a howse togeather att Legorne and mayntayned themselves/7
//and servants there att there owne proper costs and chardges neither did this deft ever promise to pay the same or other the said//
//pretended demands as in the said bill is likewise alleadged But this deft doth confesse that the said Nicholas Abdy made his last will//
//and Testament bearing date the Nyne & twentieth Day of November one thousand sixe hundred fforty & two and made this def:t executor thereof//
//and afterwards about July one thousand six hundred fourtye eight dyed, since whose death the//
//said def:t hath in due forme of Lawe proved the said Will and taken uppon him the execution thereof//
//and by vertue thereof this def:t doth confesse that hee hath possessed himselfe and still hath in his hands more of the estate of the//
//said Nicholas than will satisfye the p:lts what they demand on his behalfe in case any thing shall appeare to bee iustly due//
//and recoverable in this Hono:ble Court but this def:t doth denye that in the said Will there is any such provision for payment of the seventy//
//five pounds in the said Bill menconned And this def:t further saith that hee doth not knowe that the said ffairfax & Barnsley//
//or either of them had noe other estate than what they were trusted with by their Creditors nor with whose money the pretended//
//currants were bought but this def:t doth confesse that hee beleiveth itt to bee true that about the tyme in the said bill menconned there//
//was a parcell of currants laden on the shiipp Nicholas which was consigned by John ffairfax & Thomas Barnsley and Nicholas Abdy//
//to one James Crofts of the Citty of Bristoll Marchant for the accompt of the said John ffairfax Thomas Barnsley and Nicholas//
//Abdy and uppon a debate betweene the said Crofts and one Robert Taylor about payment of the freight for the said currants the sd//
//Crofts did abate and deteyne out of the said ffreight the summe of three hundred twenty five pounds six shillings fourepence//
//for want of Tunnadge and by reason of damadge which the said currants susteyned for want of the said Taylors care in importing//
//of them And afterwards true itt is that this def:t about y:e xxviij:th of August 1650 (the tyme) uppon his giving a bond of six hundred//
//pounds to the said Crofts to save him harmelesse from the said Taylor whereof doth belonge to this def:t as executor of the said//
//Nicholas Abdy his said brother by reason the said Nicholas paid halfe freight for the said goods And this def:t further saith//
//that since further receipt of the said money the said Taylor hath sued this def:t att Law for deteyning the same and that this deft in the defence//
//against those suites hath really expended the summe of seaventeene pounds eleaven shillings and two pence which being deducted out//
//of the same and the said Moyety due in the behalfe of his said brother being allowed this def:t is ready to pay the//
//remainder to whome the same shall appeare to bee due, and canne give a legall discchardge for the receipt thereof soe as this//
//deft may bee protected and saved harmelesse from any damadge That may happen to this def:t by reason of the said bond//
//or any suite comenced or to be comenced against him in the said XX Taylors behalfe or by any other person or persons//
//whatsoever is creditors of the said John ffairfax and Thomas Barnsley of which this deft hopeth this honorable Court//
//will have due consideracon without that any other matter or thing in the said comp:lts bill of complaint conteyned materiall or effectuall in the Law for//
//this def:t to make Answeare unto & not herein or hereby ??sufficently Answeared and confessed or avoyded traversed or denyed is true to the knowledge of//
//this def:t which matters & things this def:t is ready to averre Justly mayntane and prove as this hono:ble Court shall award & humbly prayeth to bee hence dismissed//
//his reasonable costs & chardges in this behalfe wrongfully &without cause susteyned//
//XXX XXilton [Signature, bottom RH corner]//
Commentary
Notes
"1645, Dec. 24. Petition of James Crofts, of Bristol, merchant, to the Committee of the Navy and Customs. That petitioner is a man well affected to the King and Parliament, and has borne arms in their service, and when the enemies of this kingdom were in possession of Bristol he relieved the Parliament's soldiers at that time prisoners there, for which he was fined and plundered..."[1]
Possible primary sources=
C 5/429/88 Pindar v. Crofts 1660
- ↑ Transactions of the Colonial Society of Massachusetts (XXXX, 1912), p. 165
