MRP: C10/99/70 f. 1

C10/99/70 f. 1

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Abstract

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Transcription

This transcription is completed, but requires careful checking

//The Joynt and severall Answers of S:r George Smith S:r William Rider knights Edward ??Wood and Maurice Thompson Esq:r fowre of the defd:ts to the Bill of Complaaynt of//
//the Governor and Companie of Merchants of London tradinge to the East Indies in XXXXXXXXX//

//These defendants now & att all times hereafter saveinge & referringe to themselves all & all manner of Advantages of Exception to the manifest & apparent incertaintyes & insufficiencies in the said Bill of Complaint//

//conteyned for a full & perfect answere thereunto or soe much thereof as any wayes concerneth ?this ?or these defendants or any of them to ?make answers unto, doe for themselves Joyntly & severally ?say XXX? //

//And first these defendants say that they doe beleive that the said shipp called the Royall James & Henry was about the tyme in the Bill mencconed, to that purpose hired & lett to pXXXXX by the ?one XX XXXXX//

//unto the Comp:lts for A voyage in the said Bill expressed uppon such undertakeings & Agreements and in such manner as are therein sett forth but for XXXXXXXXXXXXX the XXXXX referrs them soe XXXXX//

//Charter ptie wherein the Agreem:t on both parties are sett downe & expressed And they say for themselves sewally & respectively that FXXXX themselves & owners of the said shipp & doe beXXXX//

//seaven hundred pounds was received & dysposed of to the use of the said defendants pteowners of the said shipp beforehand of which shipp the saidXXXX XXXXX?or had a sixteenth ?parte XXXX//

//Smith another sixteenth parte & the said Maurice Thomson another sixteenth parte on the behalfe of his sonn and that the said shipp XX is XXX XXXX by y:e XXXXXXX but yo.r XXXXX thXXX

//def:t referr the complaynants to their books concerninge the said shipp for their sattisfaccon therein And these defendants have Laden or put on board the said shipp XXXXX in XXXXXX XXXXXXXXXXXXX

//that they or any of them or any other pson or psons whatsoever to their or any of their knowledge since the said Agreements have Laden or put on board XXXXXXXXXXXXXX

//any persons or any kindes or sortes of goods uppon their or any of their private Accompts or trade or upon the accompts or private trade of any other pson or psons whatsoever to the XXXXXXX in the XXXXXX//

//to any place or places whatsoever to bee vented or sould nor doe they or any of them knowe that any goods or Merchandizes have been shipped therein otherwise the XXXXXXXXXXXXXXXXXXXXX

//in anywise contrary to the said Agreement in the Bill mencconed other than are here after expressed And these defendants S:r George XXXXX

//respectively say & deny that they or either of them or any other by their order or private or by y:e order or privitie of either of them did hier or cause to his XXXXXXXXXXXXXX

//where for any such use end & purpose as in the Bill is surmised or that any such XXXX was ?reced by them or either of them from the ?Commander BXXX from y:e other XXXXXXXXXXXXXXXXXXX

//whatsoever as in the Bill p:rtended nor doe they or either of them knowe any thinge touchinge any such transaccons & doe deny all underhand cariage in the XXXXXXXXXXXXXXXXXXXXX

//either of them part in practise to the wronge of the said Comp:lts in any wise And all the said def:ts doe alsoe denye that they or any of them have p:retended to take no XXXX XXXXXXXXXXXXXXXXX

//Agreement but what they may lawfully & consienally doe if there shall bee found cause And these defendants S:r George Smith & Maurice Thomson & Edward Wood & of it XXXXXdenyeth that XXXX//

//any of them have made or caused to bee made or knowe of any assurance or assurances of any goods in the bill specified laden on board the saide shipp for any private Accompt contrary to the said Agreements by the XXXX//

//is suggested Only this defendant Edward Wood sayeth that hee hath heard att the Insurance office that sewerall pollicies of Assurance hath been made upon the said shipp which if it bee soe itt is XXXXX//

//to the usuall custome in that behalfe registered in A Booke kept for such purpose where the comp:lts may XXXXX search ?pcure XXX satisfacion to which this defendant referreth himselfe , And the said XXXX//

//S:r William Rider further sayeth that hee was desired by others the partowners of the said shipp to write to Amsterdam to provide a parcell of Leydene Sayes & 23 XXXX XXXXXXXXXXXXXXXXX//

//did & that there was Laden on board of A shipp called the Venice Merchant Captaine Thomas Smith master five bales conteyninge two hundred & fifty peeces of the said Leyden?aSayes five Chests of//

//the said Knives & two barrells of sheathes which the said Maurice Blackman had order to lade upon A small vessell which was to goe to Guinea in their Comp:lts but which XX the said ?Maurice Thompson//

//were put on board y:t small shipp or on the shipp Royall James & Henry this defendant knowes not but beleives they were put on board the shipp Royal James & Henry as hee this defendant is informed & saieth that ?there ?werer

//more goods putt on board the said Shipp att London for her owners Acc:t as by the shipps books appeares (viz) two hundred Pampillion Ruggs two Bayles  ??conteyninge two hundred & fourtie XXXX//

//striped & in spiritts & in Brandewyne to the vallue of fouretie pounds all which goods were sent as a Joynt stocke for the owners of the said shipp consigned to the master ??& purser of the//

//said shipp to supply her wants beyond the Seaes & if any overplus were the same was to bee retorned on the said shipp in such comodities as were not Inhibited by the Agreem:t XXXXXXX//

//said Charterpartie, and as for any other goods hee knowes none laddn on the said shipp but such as are solely for the Comp:lts Accompts & what was Acknowledged by the said XXXXXX ?that XXXX//

//before the Comittees of the said Comp:ie in one of their Courts And what this defendant hath before herein set forth hee did formerly & publiquely declare before the Comittees of the same Comp:a XXXX//

//of these Courts And as touchinge any assurance supposed to bee made by this defendant or any other to his knowledge of any goods putt on board the say:d shipp This defendant XXXX that XXXXXXXX//

//Blackman in the Bill named leavinge severall sommes of money unpaid to severall parties for his part of settinge forth the said shipp the said defendant fearinge the ??question XXX of his Creditt and that ?the

//shipp might bee arested in the Downes for the same Thereupon moved & prevailed with M:r Richard Middleton of London Merchant to lend upon Bottomry on the said Maurice Blackman pte of ??the//

//said shipp which hee the said Richard Middleton, his brother & brothers servant accordingely did lend uppon Bottemry of y.e said shipp the sume of five hundred pounds as this defendant XXXXXXXX//

//?securitie whereof Captaine Jeremie Blackman signed a Bill of Bottomry & the better to secure the same on the most parte thereof the said Richard Middleton caused five hundred pounds//

//to bee insured of which three hundred pounds was for the Accompt aforesaid & two hundred pounds for the Accompt of this defendants parte of the said shipp And the said XXXX XXXXXX//

//XXXXXX XXXX further sayeth that they knoweeth of noe other XXX sayes or other goods whatsoever laden laden on board the said shipp contrary to the said Agreem:t in the Bill set forth XXX only ?they ??or XXXX//

//That the said M:r Hutchinson did shipp sayes therein but what quantities these defendants knowe not nor do they knowe any thinge thereof otherwise than by such discourse as XXXXXX the said in M:r ?Hutchinson//

//before the East India Comittee And these defendants doe say that thay or any of them cannot give any further ?account XXX or answers to the said Bill of Complaint other XXXXX//

//wherein before in this there Answer XX expressed without that, that any other matter or thinge whatsoever ??effectuall in the Lawe in the ?said Bill of Complaint conteyned XXXX//

//XXXXXXXXXXXX untonot & herein and ?hereby sufficiently Answered unto confessed & avoided traversed or denied XXXX all which matters & thinges these defd:ts XXXX to XXXXX//

//shall award and XXXXX praye to bee hence dismissed with their reasonable costs & charges in this behalfe worngfully XXXXXXXXXXXX//

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Commentary

The Chancery suit, to which C10/99/66 and C10/99/70 are answers, was instigated by the East India Company in February 1661, following the discovery in January of that year that a Samuel Hutchinson had loaded prohibited goods upon the Royal James and Henry in the Downs. The books of Edward Wood, a merchant and one of the part owners of the Royal James and Henry, were alleged to have confirmed that Hutchinson's actions were with the knowledge of, and presumably financed by, the part owners of the ship who were subsequently cited in the East India Company's Chancery suit.

The minutes of the Court of the EIC suggest that an unidentified merchant, who himself had been involved in the escapade, had supplied information to the Court of the EIC, and was subsequently excepted from the fines imposed on the part owners of the Royal James and Henry. This may have been John Park, whose answer (C10/99/66 f. 1) was recorded separately from those of Sir George Smith, Sir William Ryder, Edward Wood, and Maurice Thompson. In Edward Wood's will, written in 1658, but proved in 16XX, Wood refers to "my late servant M:r John Park", who was to receive a bequest of £40. Later in Wood's will Park is described as "my said friend and late servant" and was named one of Wood's three executors.

Considerable discussion took place amongst the committees in 1661 regarding private trade, which appears to have been rife, as merchants, including some committees themselves, took advantage of the absence of a new charter for the company following the restoration of Charles II.

The Royal James and Henry appears to be have been a new ship, constructed in 1660 at Blackwall at the instigation of Maurice Blackman, its captain and one of its part owners. The ship was chartered by the EIC and was dispatched for Madras, via Guinea in September 1660. Orginally proposed by Blackman to be of 400-500 tonnes, the ship is described in the Court Minutes of the EIC as Maurice Blackman's "new ship of 300 tons, sixty men and twenty-four guns."

Sir George Smith, Sir William Ryder, Maurice Thompson, and Maurice Blackman were named as part owners in the Royal James and Henry in the Chancery suit. Sir George Smith and Sir William Ryder appear frequently in the surviving correspondence of Sir George Oxenden for the 1662-1669 period and had a commercial partnership of some sort with him until the death of Sir George Smith in 16XX. However, there is no evidence of a commercial partnership betwen Maurice Thompson and Sir George Oxenden.

Maurice Blackman was the second son of Captain Jeremy Blackman (d. 1656), and was probably named Maurice after Jeremy Blackman's close friend, Maurice Thompson. Captain Jeremy Blackman was also close to Captain William Ryder, describing him in his will as a dear friend, as was Maurice Thompson. See Jeremy Blackman senior will. Maurice Thompson, "of Stepney, co. Middx, esq.", George Thompson, "of Lee, co. Kent, esq." (one of Maurice's brothers), and William Rider, "of London, merchant," were some of the parties in 1657 to the marriage settlement of Susan Blackman, a daughter of Captain Jeremy Blackman.

This suit shows fathers and sons, together with fathers and sons-in-law, and the sons of deceased friends, collaborating commercially as part owners of a ship. Richard Middleton, the merchant of London, mentioned in this suit as insuring Maurice Thompson's ship by bottomery, is most probably William Ryder's son-in-law, who had married Ryder's eldest daughter, Elizabeth Ryder. See Sir William Ryder will. Intriguingly, Edward Wood's will mentions a widowed sister, Katherine Smith. Although no sister Katherine is mentioned in Sir George Smith's own will, it is just possible that this sister of Wood was married to a deceased brother of Sir George Smith. However, this is speculation, and Sir George Smith's family background remains frustratingly opaque. If this speculation were correct, it would show a further family connection amongst the part owners of the Royal James and Henry.

The suit also shows the wide geographical commercial interests which could be represented in a small number of merchants - mention is made of a ship, the Venice Merchant, presumably involved in the Italian and/or Levant trade, and trade with Guinea, as well as trade with the East Indies. Sir George Smith's and Sir William Ryder's common interest in the Guinea trade can be seen in at least one of their letters to Sir George Oxenden, and both Smith and Ryder were subscribers to the joint stock of the Royal Africa Company. ADD REFERENCES.

It is possible that the papers of Edward Wood of this Chancery suit are those held at the London Metropolitan Archives. ADD REFERENCE. Evidence for this is provided by Peter Edwards in his book The Horse Trade of Tudor and Stuart England (Cambridge, 2004). Edwards, writing about the use of agents to procure horses, mentions an Edward Wood, who in 1663 wrote to a Mr. John Park of London asking him to send a servant to contact a presumed horse dealer in Smithfield. Given Edward Wood's will which identifies John Park as Wood's former servant, this links the will to the Wood papers, which are now held at the London Metropolitan Archives, but which were formerly at the Middlesex Record Office.

See C10/99/66 f. 1
- Answer of John Park to the same Chancery suit as C10/99/70

See Edward Wood will

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Notes

The Royal James and Henry

"The Company was continuing actively its trade in Guinea. The Royal James and Henry, dispatched in September, 1660, was directed to call there on its way to Madras ; while a smaller vessel, the Benin Frigate, was sent out specially to the same parts about the end of November. Meanwhile the future of this trade — which was outside the limits defined in the Company's existing charter — was causing the Committees some anxiety. As we have seen, their title was derived from the purchase of a lease granted in the time of the Commonwealth, and now the Restoration had revived the rights of Sir Nicholas Crisp and his partners, whose monopoly, under grants from Charles I, was apparently to last at least until June, 1662, if not until much later. Sir Nicholas was a zealous Royalist and had suffered heavily for his loyalty ; hence his claims were sure of a respectful consideration at Court. At the same time an influential syndicate was being formed, with the support of the Duke of York and Prince Rupert, to develop the trade with Guinea, and particularly to prospect for gold in those parts. The East India Company was naturally anxious to retain its hold upon the trade of the Gold Coast ; and among the additional privileges suggested for the new charter (early in October, 1660) we find included the extension of the Company's sphere to embrace this region ; while on November 14 it was resolved to apply to be heard before any decision was taken in favour of other applicants. These representations proved useless ; and on December 18, 1660, a royal charter was issued to the syndicate aforesaid, incorporating them under the title of ' The Company of the Royal Adventurers into Africa '. Subject to Crisp's rights under his patent, and in any case from the date of its expiration, the new body was granted the sole trade with the western coast of Africa from Cape Blanco to the Cape of Good Hope." See document

"A Court of Committees, July 25, 1660 (Ibid., p. 277)

The following men are entertained as factors for Guinea : Robert Richards at 30:li a year, John Miners at 25:li. a year and John Brewster at 15:li. a year; to be ready to sail in the Royal James and Henry and each to provide security in 500:li....Fifteen soldiers to be entertained to go in the Royal James and Henry to Guinea." See document

"A Court of Committees, August 24, 1660 (Court Book, vol. xxiv, p. 284).

Coin or bullion to the value of 5,000/. to be sent in the Royal James and Henry. See document

"A Court of Committees, September 7, 1660 (Ibid., p. 289).

... Cloth to be shipped in the Royal James and Henry for Guinea; and taffetas brought home in the Merchants' Delight to be delivered to Sir John Banks." See document

"A Court of Committees, September 19, 1660 (Court Book, vol. xxiv, p. 291).

Letters for Guinea and the Coast and Bay, by the Royal James and Henry, are read and signed." See document

"A Court of Committees, January 23, 1661 (Court Book, vol. xxiv, p. 336)

...Mr. Godscall reports the lading of prohibited goods aboard the Royal James and Henry in the Downs by Samuel Hutchinson, as is shown by two books kept at the house of Edward Wood; hereupon it is resolved that an endeavour shall be made to discover clear proof of this and then the fine shall be put to the account of the owners." See document

"A Court of Committees, February 6, 1661 (Court Book, vol, xxiv, p. 340).

...Mr. Acton is directed to enter a bill in Chancery against the owners of the Royal James and Henry, that it may be ascertained what prohibited goods she carried out. Nathaniel Heme offers to supply information concerning cloth, etc., shipped as private trade in one of the vessels going to the Coast; he is given blank orders for seizing the same and desired to disclose what he can. Thinking to discourage private traders, the Court resolves to send out orders that all European commodities be sold, even though at a small profit. Mr. Blake is permitted to send back in the Discovery a black woman who came home as a nurse, he paying for her diet and passage." See document

"A General Court, March 7, 1661 (Court Book, vol. xxiv, p. 351).

After the Governor has desired all who are not adventurers to withdraw, he requests to be informed of the wishes of those remaining, as the occasion of this meeting is ' from themselves '. Hereupon some declare that there is a rumour of extensive private trade being carried on in which some of the Committees are suspected of participating, they being under diversity of oaths ; therefore the generality wish to know under what charter they now act. They are told that at present the Committees act by virtue of ' their auncient charters ', but hope speedily to obtain a new one from the King. When this is procured they may, if they please, resolve that all adventurers shall be under one and the same oath, such as they shall agree upon, and those who refuse to take it will be denied a vote. With regard to the private trade spoken of, it was in the Royal James and Henry and consisted principally of Hunscott sayes, which are prohibited under a penalty of 3/. a piece ; this the Court knows all about and has taken care accordingly. The Committees answering severally concerning this business, the generality, who thought that it had been passed over and no notice taken of it, are now well satisfied and thank them for their care in the same. It is agreed that the owners of the Royal James and Henry shall be charged with the fine, and the man who first discovered this private trade, though slightly concerned in it himself, shall not be fined, because of his very acceptable service in bringing it to the Company's notice, (f p.)" See document

"A Meeting of Twelve Committees, November 18, 1661 (Court Book, vol. xxiv, p. 426).

... Mr. Acton is directed to take out attachments against such of the owners of the Royal James and Henry as do not answer the Company's bill 'in Chancery." See document

"A Court of Committees, October 21, 1663 (Court Book, vol. xxiv, p. 690).

...The owners of the Royal James and Henry to be paid 1,000:li. on account." See document

"A Court of Committees, October 30, 1663 (Ibid., p. 695).

... Sticklac brought back in the Coronation for account of the owners of the Royal James and Henry to be delivered to Edward Wood" See document

"A Court of Committees, November 18, 1663 (Court Book, vol. xxiv, p. 703).

...Stick-lac belonging to the owners of the Royal James and Henry, which came in the Royal Charles, to be delivered to Edward Wood on payment of freight, custom, and other charges" See document

Maurice Blackman

"Maurice Blackman offers to build a ship for the Company if he is given the same encouragement as Captain Millett; he is told that, if he builds one between 400 and 500 tons burden fit for their service, she shall be employed before any other upon suitable terms." See document

"A Court of Committees for the United Joint Stock, February 6, 1660 (Court Book, vol. xxiii, p. 683).

...A bale of cotton yarn in the Company's warehouse belonging to Captain Blackman to be delivered to Captain Ryder" See document

"A Court of Committees, May 2, 1660 (Ibid., p. 262).

...Certain proposals made by Maurice Blackman for his new ship upon the stocks at Blackwall are referred to the Committee for Charterparties, who are to make the best terms possible for the said vessel to voyage to Guinea, St. Helena, the Coast, Macassar, back to the Coast and so home." See document

"A Court of Committees, May ii, 1660 (Court Book, vol. xxiv, p. 263).

... An agreement is made with Maurice Blackman for his new ship of 300 tons, sixty men and twenty-four guns, to go to such places as shall be arranged for, on terms and conditions given." See document

"A Court of Committees, December 18, 1661 (Ibid., p. 439).

...The following men are entertained for Surat : John Spiller at 100/. a year to go as second to the President ; John Goodyear at 100 marks a year ; Gerard Aungeir, Charles Smeaton
and Strensham Maisters, ' now at Suratt ', at 30/. each a year ; Caesar Chamberlen, John Pettit, Charles Bendish, and Richard Francis at 25/. a year ; William Jones, William Blackman, Henry Chune, and Henry Oxinden at 20/. a year. Robert Hopper and Hamon Gibbon are entertained for Bantam, the former at 30/. and the latter at 15/. a year." See document

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Possible primary sources

PROB 11/259 Berkeley 363-412 Will of Jeremy or Jeremie Blackman of Saint Andrew Undershaft, City of London 25 November 1656

PROB 11/299 Nabbs 106-160 Will of Thomas Smith, Mariner of Garthop, Lincolnshire 26 July 1660
PROB 11/316 Hyde 1-56 Will of Thomas Smith, Mariner of Redriffe, Surrey 30 March 1665
PROB 11/322 Mico 139-184 Will of Thomas Smith, Mariner of Great Yarmouth, Norfolk 06 December 1666
PROB 11/337 Duke 102-158 Will of Thomas Smith, belonging to His Majesty's Good Ship Constant Warwick Mariner 26 October 1671
PROB 11/377 Hare 98-140 Will of Thomas Smith, Mariner of Saint George Southwark, Surrey 02 September 1684

PROB 11/312 Juxon 103-150 Will of Thomas Sherwin alias Sherar, lately belonging unto the Royal James and Henry 16 November 1663

PROB 11/314 Bruce 49-96 Will of Thomas Nicholls, being now bound forth on a Voyage to the East Indies in the Good Ship called the Royal James and Henry in the Service of the Governor and Company of Merchants of London Trading to the East Indies 25 June 1664