MRP: C10/89/61 f. 1
Contents
C10/89/61 f. 1
Abstract
Edward Gibbon, a gentleman of London, brought a suit against Martha Hendra, widow of Thomas Hendra deceased, the former captain of the Eagle, and a number of co-defendants. The co-defendants named were Thomas Heatley, John Sandys, John Buckworth, Sir William Ryder, Sir Richard fford, Nathaniel Herne, Thomas ffoxe and Sir William Ryder's son-in-law, Richard Middleton. A number of the co-defendants were co-owners and/or freighters of the ship. Gibbon alleges that he has failed to receive his due returns from an investment of £150 in cargoe purchased by Thomas Hendra for sale in Guinea, and also from a further £35 supplied to Thomas Hendra for the purchase of a tun of brandy wine for sale or barter in Guinea.
Transcription
//Humbly complaineing sheweth unto yo:r good Lordshipp yo:r Lo:rpps dayly Orator Edward Gibbon of the Citty of London Gent That whereas yo:r Orato:r did in or aboute Hillary Terme which was in the Twentyeth yeare of his Maj:ties Raigne that now is//
//Exhibitt his bill into this hon:ble Co:rt against Martha Hendra widdow & Thomas Heatley John Sandys John Buckworth S:r William Ryder S:r Richard fford Nathaniel Herne Thomas ffoxe Richard Middleton and others thereby amongst other things//
//in the said Bill conteyned setting forth that one Thomas Hendra husband of the said Martha Hendra was Captaine of the shipp called the Eagle bound for Ginney And p:rtended to yo:r Orato:r as the truth was that hee had on board the said Shipp//
//a certaine cargoe of Goods to the value of Nine hundred and Ninety pounds the particulars of which cargoe are in the said bill expressed And that yo:r Orato:r did pay to the said Thomas Hendra one hundred and ffifty pounds and by agreem:t with//
//the said Thomas Hendra upon returne of the said ship yo:r Orato:r was to have an account of the said cargoe of Goods according to the proportonn by him paid and was to receive his share of the profitts of the said Adventure And that yo:r Orato:r did//
//alsoe pay to the said Thomas Hendra the summe of Thirty and ffive pounds for one Tunne of Brandy Wynes which the said Thomas Hendra bought for yo:r Orato:r and was to sell on the proper account of yo:r Orato:r which said Goods were bartered//
//sould and disposed of at Ginney for greate advantage for which yo:r Orato:r ought to have an account and satisfaccon But the said Thomas Hendra dying beyond the seas the said Martha Hendra Administratrix of the said Thomas Hendra together//
//with the rest of the said defts in the said bill named had gott into their or some of their hands custody or possession all the Notes and papers of account of the sale and disposicon of the said cargoe of Goods and Brandy Wynes and of such //
//part thereof as remained unsold and not bartered And alsoe a great quantyty of Gould Elephants Teeth & other Goods & Commodityes which were the proceeds of the said cargoe of Goods and Brandy Wynes and had made severall//
//Attachm:ts of the goods in their owne hands on purpose to defeate yo:r Orato:r of his share and interest in the said Goods and every of them And particularly that the said S.r William Ryder S.r Richard fford John Buckworth John Sandys Thomas//
//ffoxe and Thomas Heatley had affirmed an accon of debt upon demand of Two Thousand pounds against the said Martha Hendra Administratrix of the said Thomas Hendra in one of the sheriffs courts of the Citty of London And according to the custome//
//of the said Citty had Attached the summe of One Thousand pounds in moneyes numbred and other goods and chattells in the hands of the said Heatley being one of the plts in the said accon Whereas the said Martha Hendra was not indebted to//
//the parties aforesaid or any of them in any summe or summes of money for which any accon of debt will lye and if at all indebted yet not soe much as is demanded and that the said Martha Hendra had gotten into her possession Twoe Thousand//
//pounds part of the proceeds of the said Adventurers & permitts the other defts to proceede in the said Attachm:ts & will not put in bayle whereby the said money and Goods will bee condemned And yo:r Orato:r thereby shewes that the said defts being//
//some of them owners and ffraighters of the said ship did onely put on board the said ship Twenty Barrells of Gunpowder to bee sould And the said Thomas Hendra had on board the said ship Tenne barrells of Gunpowder on his owne account being//
//parcell of the said cargoe of Goods where to yo:r Orato:r is intituled But by some mistake the said Thomas Hendra gave a bill of ladeing for Thirty barrells of Gunpowder or at least for Tenne barrells of Gunpowder more than did belonge to them//
//the said defts or any of them And that the said defts did refuse to give unto yo:r Orato:r any account of the said Goods or proceeds thereof or what they were sould for And thereupon and upon such other matters as are in the said Bill more at//
//large expressed yo:r Orato:r sought to have the Answer of the said defts & the releife of this hon:ble Co:rt To which Bill the said S:r William Ryder John Buckworth John Sandys and Thomas Heatley haveing beene duely served with processe ?have//
//appeared & answered thereby amongst other things alleadgeing that they did not knowe that the said Thomas Hendra had any such cargoe of Goods or that yo:r Orato:r had any share in any Stocke with the said Thomas Hendra And further alleadge//
//the saide Thomas Hendra had forfeited his bond of ffive hundred pounds penalty whereby hee stood bound to the said defts or some of them not to take on board the said shipo any Goods or merchandizes whatsoever other than what should bee//
//laden by the said def:ts and others the Adventurers without the leave and permission of the said def:ts & other the Adventurers under their hands and seales first had and obteyned And that one ?Poppewell in the said Answ:r named by the consent of//
//the said Martha Hendra delivered to the said Def:ts Buckworth Sandys and Heatley one bagg of Gold sand wherein was said to bee Nineteene Markes and Two Ounces of Gold for the use of themselves and other the Adventurers untill such time as the//
//said accounts should bee setled and ??evened touching the def:ts Stocke and the managem:t thereof by the said Hendra and that the def:ts are ready to returne the overplus thereof to whome of right it shall belonge And doe confesse the said ??Amounte//
//of one thousand pounds in moneyes numbred to have beene by them made And doe alleadge that the said Thomas Hendra was instructed for the said Adventurers and owners before he went the said voyage to provide seaventy Two barrells of//
//Gunpowder whereof fforty & two barrells were for the said ships XXXXX in the said voyage and the residue thereof being thirty barrells was part of the said Defts cargoe as they beleeve appeares by bill of ladeing under the hands of the said//
//Thomas Hendra Pepperell and one Betts in the said Answer named or some or one of them for the same whoe were ffacto:rs or supra cargoe for the said def:ts and the said other Adventurers in the said voyage And the said def:ts S:r William Ryder//
//John Buckworth and John Sandys say That they being interested in the said cargoe did and as they beleeve soe did the other Adventurers accordingly pay and allowe on account their shares and parts for the said Thirty Barrells of Gunpowder according//
//to their severall proporconns therein to the said def:t Thomas Heatley whoe by the order of the Adventurers was to account with the said Thomas Hendra among other things as they belleve for the said Thirty Barrells of Gunpowder And the def:t//
//Thomas Heatley sayth That the said Hendra had as much money paid him for powder which hee bought or provided the account of the the Adventurers (hee being instructed by them to provide the powder aforesaid) as hee demanded of the said//
//Heatlley whoe was trusted by all the other Adventurers to make up the said account with the said Thomas Hendra which was done accordingly before his goeing the said voyage And the said S:r Richard fford standing upon his priviledge hee//
//being a member of the hon:ble house of Commons in Parliam:t hath appeared but hath not as yet answered the said Bill And the said Martha Hendra being duely served with processe to appeare and answer the said Bill hath not appeared or//
//answered the said bill but stands in contempt of this hon:ble Co:rt And yo.r Orato:r for want of the said Martha Hendras appeareing and answereing hath presented the said Martha with processe of contempt to a serjeant at Armes And the//
//serjeant at Armes attending this hon:ble Court hath made his returne that the said Martha Hendra is not to bee found whereupon by speciall Order of this ?Co:lt his Maj:ties Commission of Sequestracon under the greate seale of England is//
//at yo:r Orato:rs ??prosecucon duely issued out directed to certaine Commissioners therein named commanding and authorizing them or any two or more of them to sequester and secure all the Goods Cattells and Chattells any way belonginge to the said//
//Martha Hendra And by vertue of the said Commission of Sequestration all the Goods Cattells and Chattells any way due and belonging to the said Martha Hendra ought to bee sequestred & secured for the satisfacton of yo:r Orato:rs just demands And//
//the said Commissioners for Sequestration did all of them meete to execute the said Commission did demand of the said John Buckworth John Sandys and Thomas Heatley the said bagg of Gold sand conteyning aboute thireteene Markes//
//& two Ounces of Gould to bee delivered to them in specie But the said M:r Sandys M.r Heatley and M:r Buckworth did all of them refuse to deliver the said bagge of Gold Sand to the said XXXXXXXXXXX or any of them but declared that the said Bagg//
//of Gould Sand and was carried by them or some of them or by their or some of their Order to the Tower of London and remained in a Chest in a certaine Roome there of which Roome one M:r Hoare Comptroller of the Mint had the Key And ?since//
//yo:r Orato:r discovered in what place the said bagg of Gold remained And alsoe since the said demand made by the said Commission:ers for sequestration They the said John Buckworth John Sandys and Thomas Heatley have cunningly & privately //
//caused the said bagg of XX Gold Sand to bee removed out of the Tower of London on purpose to avoid the executon of the said commission of sequestrationn and to defeate yo:r Orato:r of the said bagg of Gold sand being the proper goods of the said Martha//
//Hendra as Administratrix of the said Thomas Hendra to her belonging and part of the proceeds of the said Adventure whereto yo:r Orato:r is intituled as aforesaid And they the said John Sandys John Buckworth and Thomas Heatley or some of them//
//have the said Bagg of Gold Sand in their or some of their hands custody or possession or have disposed thereof to some person or persons unknowne to yo:r Orato:r on purpose to defeate yo:r Orato:r as aforesaid and to ??delude the executon of the said//
//Comission And since the said demand made the said Buckworth Sandys and Heatley have by consent of the said Martha Hendra caused the said Gould to
//to discover to yo:r Orato:r in what manner the said Bagg was marked and sealed or what Note or Notes were at any time upon the said
//said summe of One thousand pounds in money numbred which the said Thomas Heatley by the Attachm:t aforesaid had XXXXXed to bee in his hands
//Hendra But the said Thomas Heatley refuses to deliver the said one thousand pounds or any part thereof to the said
//have the said Bagg of Gold XXXX in their or some if their hands custody or possession or have disposed thereof to some person or persons
//comission And since the said demand made the said Buckworth Sandys and Heatley have by consent of the said Martha Hendra
//to discover to yo:r Orato:r in what manner the said Bagg was marked and sealed or what Note or Notes were at any time upon the said Bagg
//said summe of One thousand pounds in money numbred which the said
//Hendra But the said Thomas Heatley refused to deliver the said One thousand pounds or any part therof to the said
Commentary
Notes
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