MRP: C6/85/17 f. 3
C6/85/17 f. 3
Editorial history
23/11/11, CSG: Made digital images
24/11/11, CSG: Started & completed transcription
Abstract & context
C6/85/17 f. 3 contains the pleas in Chancery of Nathaniell and Samuell Barnardiston, and of James Muddiford (alias Modyford), three of the defendants to a bill of complaint exhibited by Giles (alias Gyles) Davies, a London merchant (C6/85/17 f. 1).
A schedule of costs and charges incurred by the plaintiff was annexed to the bill of complaint (C6/85/17 f. 2).
The pleas make reference to an earlier attempt by Giles Davies to have his bill of complaint heard in Chancery. This was in Easter Term 1654, when a discussion of the scope of the bill took place in the presence of learned counsel for both plaintiff and defendants.
The respondents to the new bill of complaint argued that they have no case to answer, and asked for the judgement of the court to confirm or deny this. They argued that the original commercial dispute had been heard correctly, according to the law and course of English merchants in Turkey by the Lord Ambassador, Sir Thomas Bendish, and that he had passed sentence and judgment on the matters. They argued that Giles Davies had been in contempt of the ambassador's decision and as a result a parcel of broad cloth belonging to Davies had been sold at public auction to raise funds to satisfy the decision of the ambassador.
Suggested links
See C6/85/17 f. 1
See C6/85/17 f. 2
To do
Transcription
//XXXXXXXXXXXXXXXXXX//
//XXXXXXXXXX//
//1654//
//XX ?Benet//
//Hales
//The joynt and severall Pleas of Nathaniell Barnardiston Samuell Barnardiston and James Muddiford Merchants three of the def:ts to the Bill of Complt//
//of Giles Davies Complt//
//The said defend:ts by protestacon not confessing or acknowledging any of the matters or things in the said bill of complt conteyned to bee true in such manner and forme as the same or the XXXXXX//
//And expressed, These defend:ts for plea thereunto say and each for himselfe severally saith that these defend:ts Nathaniell and Samuell Barnardiston having consigned the papers and silkes in the Bill XXXX//
//unto the Complt as theire factor at Gallata of Constantinople and finding that hee had not observed but broken theire Comission touching the disposing of the same did on or about the Moneth of August//
//one thousand six hundred fforty Nine according to the course and law of Merchants make their complaint unto S:r Thomas Bendish Barronet then Lord Embassador in Turkey who had power to ?heare//
//and determine matters of that nature according to the course and law of Merchants in that place against the said now complt for breach of their said comission touching the said goods, which said S:r Thomas Bendish//
//upon the said Complt did in due forme of law according to the course of Merchants and by virtue of his authority in cases of that nature call the said Complaynant before him to answere the said complaint and ??heard//
//what hee could alleadge, and examined witnesses upon oath, and afterwards viz:t on or about the fower and twentieth day of August one thousand six hundred fforty and nine did make a final sentence and//
//XXXX in the said cause upon the said Complaint whereby hee did find that the said Complt had broken his said comission touching the disposicon of the said goods and did ?Decree him the said Complt to pay unto these//
//defend:ts Nathaniell and Samuell Barnardiston two thousand nine hundred fforty eight dollars and twenty ?Alpers for the principall value of the said goods XXXXXX and fower hundred dollars for interest In all three//
//thousand three hundred fforty eight dollars andtwenty Alpers As by the said Decree and sentence reference being thereunto had may more fully appeare And these defend:ts for plea further say that the said Complt//
//being in contempt for not performing the said sentence and decree the said Broad cloathes in the said bill specified by order and warrant from the said Embasador according to the law and course of Merchants ?there//
//and by virtue of his power and authority were taken and disposed to publicke sale for and towards the satisfaccon of the said three thousand three hundred forty and eight dollars and Twenty Alpers and XXXXX//
//of the proceed of the same delivered to this defend:t James Muddiford for the use of these defend:ts Nathaniell and Samuell Barnardiston as satisfied the said
//Alpers, and the surplasage of the value of the said cloathes was according to the course and Law of Merchants there tendered to the Complt which hee refusing to accept was by order of the said Embasador and//
//according to the Law and course of Merchants there used deposited in the Court of Justice of the said Embasador there called the ??Camellarii As by the severall warrants and proceedings there reference alsoe//
//to the same being had my more fully appeare, And these defend:ts for Plea farther say And each for himselfe severally saith That in or about the terme of Easter last the said Complaynant proferred his//
//Bill of Complt into this hono:ble Court against these defend:ts to be releived for the same matters in effect for which the now (Or, new) bill is exhibited wherein hee did mecon the sentence and Decree of the said Lord//
//Embasador in the said cause suggesting, in his said bill the said sentence was unduely obteyned contrary to equity and the custome of Merchants there, or made when the said S:r Thomas had no authority as by the//
//said Bill was pretended, and thereby prayed that hee might examine witnesses concerning the sameas hee now prayeth by his said bill, Unto which bill these defend:ts appeared and demurred ?With the said Demurrer//
//coming to be heard before the right hono:ble the Lords Comission:rs for the greate Seale of England the seaventh of December last upon full debate thereof in presence of Counsell learned in both sides It then ??appearing//
//that the scope of the plts said Bill was to arraigne and question a sentence and Judgement given by the said S:r Thomas Bendish Lord Embasador in Turkie for this state in a cause depending before him betweene the//
//plaintiffs and the defendants Nathaniell and Samuell Barnardiston being English Merchants residing in Turkie upon pretence that the sentence if any such was obteyned and onely procured by the ??interest of//
//the defendants Nathaniell and Samuell Barnardiston kinsmen of the said S:r Thomas contrary to equity and the custome of Merchants there or made when S:r Thomas had no authority And that the defend:ts demurrer//
//thereunto for that the same were no grounds sufficient to call in question much lesse make voyd the sentence and would bee of dangerous consequence and tended much to the disturbance of the affaires of the facto:rs//
//and Merchants there in these parties and the ??dending of controversies betweene them which have in all times been determined by the Lord Embasador there and that there was no equity conteyned in the said Bill//
//Whereupon and upon hearing what was alleadged on either side Their Lordshipps held the said Demurrer to bee good and sufficient, and did allow the same and ordered that the matter of the plaintiffs bill//
//should bee from thence forth fully and absolutely dismissed And that it should bee referred to M:r ?Eltonhead one of the Masters of this Court to peruss the plaintiffs bill and expunge some scandalous matter//
//therein against the said Lord Embassador, which said scandalous matter is not yet expunged As by the said former bill and demurrer filed as of record and the said order XX remaining entred as or record//
//in this hono:ble Court, whereunto for all things therein conteyned these defendants referre themselves appeareth, All which matters and things by thethese defendants pleaded as aforesaid they are ready to//
//averr and prove as this hono:ble Court shall award ffor all which causes and for as much as these defendants are advised by their counsell that after matters if this nature have been settled by sentence//
//and Decree as aforesaid the same ought not to bee brought into reexaminacon in this Court much lesse to make this Court instrumentall for reexaminacon of the same whereby to be gott now ??settled in//
//other Courts and utterly so subvert and overthrowe the Judicature and course of Law in these forraigne parts betweene English Merchants and their factors settled and continued by the prudence of the state//
//for the maintenance of comerce and traffique in those parts and prevencon of manyfold inconveniencyes Therefore these defend:ts humbly demand the Judgement of this hono:ble Court if they shall bee//
//compelled to make any other or further answere to the said bill And humbly pray to bee hence dismissed with their reasonable costs and charges in this behalfe most wrongfully susteyned//
//Ed Hoskins [Signature, Bottom RH corner]//
