MRP: C 6/151Pt2/28 f. 3
C 6/151Pt2/28 f. 3
Abstract
Transcription
//The Joynt and Severall Answeares of Abraham Greaves and Sarah his wife two of the defd:ts to the Bill of Complaynt of James Moudiford Robert Dawes//
//Jonathan Dawes and William Ryder John Portman John Robinson Isaac Taylor and Paul Priaulx Complainants//
//The said Defend:ts now and att all times hereafter saving themselves and either of them all benefitt and advantage of excepcon to the manifest incertaintys insufficiencys and other imperfeccons of the Complaynants//
//said Bill of Complaint for asmuch as concerneth them or either of them to make answeare unto they answereare and say And first the said def:t Sarah for herselfe respectively answereth and saith that she hath heard that the//
//Complyn:ts or some of them and the other persons in the said Bill of Complaint named about the time in the bill mencconed were part owners together with the said John Jefferson this defd:ts late husband of the good shipp called the//
//Thomas and William but of how many parts in the said shipp they or any of them were part owners this defd:t knoweth not except onely that the said Jefferson this defd:ts late husband was part owner of tenn equall two and thirtieth//
//parts of the said ship the same being devided into two and thirty parts and two and thirtieth parts hereof was mortgaged to the said Phillip Scarth in the Bill named a Complayn:t who as this defd:t is informed dyed before the Complaynants Bill was//
//exhibited And two other two and thirtieth parts of the same ship was mortgaged unto the said Abraham ??Manse in the Bill named by this defendants late husband John Jefferson And the said defd:t Sarah further saith that her XXXX//
//former husband John Jefferson had the care management and was Captain of the said ship and did as this defendant beleiveth make a contract with the said XXXXXXX//
//Thomas Smith or some other of the then Comissioners of the Navy for letting out to hire the said ship and that the same was reduced by way of Articles of agreement into writing about the time in the Bill menconned//
//But the contents of the sayd writing shee knoweth not but for her certainty therein she referreth her selfe unto the said writing And this defend:t Sarah denyeth XXXed//
//fitted furnished victualled and manned at the charges of the owners thereof as in the said Bill is suggested for that this defend:t beleiveth and hath beene informed by her said husband John Jefferson that the same was so XXXXXX//
//John Jefferson for in his life time and that he was at the greatest charge thereof and was forced to contract many debts for the ships use which the other owners have hither to refused to allow or contribute their severall proporcons And this XXXX//
//confesseth that the said ship being so as aforesaid fitted about the thirtieth day of Aprill in the yeare of Our Lord one thousand six hundred fifty and two entred into the States service and that the said John Jefferson was captain of the shipp//
//during that service w:ch as this defed:t beleiveth continued by the space of one whole yeare thence next ensuing or thereabouts And this defend:t beleiveth that the then Treasurer of the navy did pay or cause to be paid unto the XXXXX//
//Jefferson or aX he appointed the summe of eight hundred pounds but the defendant knoweth not whither the said John Jefferson hath given any accompt thereof unto the other part owners And this defend:t Sarah denyeth that XXXX//
//John Jefferson her late husband did ever by writing authorize and appoint this defendant to act receive and pay in his stead or to manage his estate in his absence to all intents and purposes
//John Jefferson did give a verbal order to this defendant to receive and pay money for him in his absence and what money sooner this defendant at any time in his absence received she this defend:t payed and delivered the XXXXX//
//her said husband John Johnson or to such person or persons as he the said John Jefferson did appoint in the life time of him the said John Jefferson And this defend:t Sarah beleiveth that the said John Jefferson went to sea in the XXXXXXXXX//
//aforesaid and continued therein for the space of thirteen moneths or thereabouts and at another time in the yeare of our Lord one thousand sixe hundred fifty and three for five moneths but at what summe for every moneth this defd:t can not say XXX//
//?previsely therefore referreth her selfe to the said contract and agreement And this defend:t beleiveth that the said John Jefferson by himselfe and others did receive severall summes of money upon the said ships accompt the particulars whereof XXXXX//
//defend:t can not sett forth for that this defend:t denyeth that any booke or bookes of accompt to her knowledge was or were concerning the receipts and disbursements relating to the said ship and her said service or that to the knowledge of XXX//
//defend:t it appeareth by any such booke or bookes of accompt that about the moneth of Aprill in the yeare of our Lord one thousand six hundred fifty and fowre or at any other time there was due to the part owners six thousand pounds or any other XXXX//
//of money or that any such booke or bookes did ever come to this defend:ts hands or custody but beleiveth that what money sover the said John Jefferson received concerning the said ship and her said service he the said John Jefferson hath accompted XXX//
//the same to the rest of the part owners of the said ship and that if any such booke or bookes of accompt were kept the same are now remaining in some or one of the other part owners hands And this defend:t confesseth that afterwards her said husband//
//dyed intestate to witt about March in the yeare of our Lord one thousand six hundred fifty and three and not in May in the yeare of our Lord one thousand six hundred fifty and fowre after whose death she this defendant confesseth that XXXX//
//tooke forth Letters of administracon of his goods and chattells and possessed her selfe of such part thereof as she could get into her hands being of small value the greatest part thereof consisting in the said parts of the said ship which the XXXXX//
//or some of them have deteyned and kept from this defendant and taken the profitts therof ever since her said husbands decease and have given this defend:t no accompt thereof but refused to doe the same And this defend:t denyeth that the said XXXX//
//consisted of any Leases mortgages or any specialtyes or of ready money or plate (except of a small value) or that the goods and chattells belonging to the said intestates estate which hath come to this defendants hands or custody were of XXX//
//sufficient to pay all the debts late of the said John Jefferson ffor that this defend:t saith that she this defend:t since her said late husbands death hath paid upon bonds bills judgments and specialtys due to send all persons XXX//
//the said John Jefferson at the time of his death a greater summe of money than the estate of the said John Jefferson did amount unto which did at any time come to this defendants hands And therefore not liable to make satisfaccon XX//
//the complayn:ts for any debt did unto them by the said John Jefferson (if there were any debt due unto them from him) at the time of his decease) And this defend:t saith that true it is that one or more sentence or sentences in the Court of//
//Admiralty presented by the Complaynants or some of them since the death of the said John Johnson the complayn:ts or some of them did cause five equall too and thirtieth parts of the said ship then belonging to the said John Jefferson XXX//
//estate to be condemyned and adjudged amongst the Complaynan:ts or some of them and by virtue thereof have possessed themselves of the same and have likewise possessed themselves of the whole interest late of the said John Jefferson in the said ship and XXXX//
//received the benefitt thereof and have given no accompt for the same to this defend:t whilst she was sole or to either of these defend:ts Abraham and Sarah since their intermariage but what interest and how
//have in the said ship furniture and earnings or what conveyances or assurances they or any of them have for the same ship this def:t Sarah knoweth not And this defd:t Sarah further denyeth that
//Jefferson or any for her by virtue of any warrant or order from the Commissioners of the Navy or any of them or any otherwise did receive or cause to be received from the other
//ships accompt for the said ships earnings five thousand pounds or any other summe or summes of money whatsoever And as to what
Commentary
See C 6/151Pt2/28 f. 1
See C 6/151Pt2/28 f. 2
