EL 7007 f.1v Annotate

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Transcription

Capteyne Thomas King plaintiff
contra Humfry Slane defendante/

Instructions for the plaintiffs Councell./

In the yeare 1625, the plaintiff bought this shipp called the Anne at Flushinge, beeing there Master
of the Admirall of the narrow seas, and at his returne meeting with Mr Slany the defendante, who
had understood the Plaintiff had brought the said shipp, the said defendant was desirous to buy a halfe
part thereof of the plaintiff, promising that shee should not want ymployment, ffor that hee being
a merchant, would fraight her himselfe, because hee had information, that shee sayled well.

The Plaintiff set the said shipp unto the defendante for 13 li per monethe, The mony which the plaintiff receaved
for the said defendante for the said halfe part, was not sufficient to furnish the said shipp to sea
in fitting manner, And as for ordnance, at that time there were none to bee bought for
mony, by reason of the warres then newly begunne, the Newcastle men having bought
all the small ordnance, But the defendant Slany being desirous to have some ordnance in her
did borrow two small peeces out of the John and Humfry, and two out of another
shipp./

The first voiage, shee proceeded to these Islands according to the Charter party, and came
home laden with Merchants goods of Colchester, that hired her of the defendante

The said shipp being returned, the plaintiff (living at Sandwich, Being Master of the Admirall, of the
narrow seas could not come to London, sodainly, but the defendante wrott unto him, that the said
shipp the Anne was come home, and that hee was proffered a fraight to the same place
againe, unto which the plaintiff returned answere, That hee the defendante, having all the
fraight in his hands, would cause her to bee made ready, for that hee the plaintiff did not
dislike of the voiage, and that the Plaintiff would bee with him the defendant before shee could
bee made ready. which he was acccordingly, But the setting forth of the second voiadge
and part of the first, cost the plaintiff threescore and tenne pounds besides the halfe of the
Shippe, So as the said defendante hath had the said Shipp for nothing, and also the
adventure of the two voiages, the plaintiff having hither received no part thereof, but
hopeth to receive according to his adventure.

This suite hath continued 5 yeares, and cost the plaintiff a great deale of mony./

At the plaintiffs coming to London, hee and the defendant agreed to lett the said shipp goe on
this voiage, but the fedendante would have her goe upon the former Chrter Partie, unto which
the plainfiffe would not consent, whereupon another was drawne, But the Shipp was gone
as low as Blackwell, before the plaintiff telling the defendante hee would stay the shipp if hee did
not seale., After which the plaintiff went home about his business, and had no conference
with the Master nor Scrivener, nor had spoken with the Master a moneth before., which
plainly showes, The plaintiff had no private Contract, other then appeares by the
Charter partie.

And to that which the sefendante saith, that the said shipp should goe for a man of warre
and that hee would take out a letter of Marte, this plaintiff doth deny, ffor that hee the
plaintiff should have bene as ready as the defendante to have borne his part of the letter of
Mart, which could not have bene much, And in these last warres, the plaintiff ventured
much, and went himselfe Capteyne in his owne shipp, which showes hee would not
have bene backward in the other motion pretended by the defendante./

And the plaintiff verily beleeveth, the said shipp the Anne had no letter of Marke in her
But since this prize was taken it is given out that the playne John had one, and
hee had put the said Anne (unknowne to the plaintiff) into the said Letter of Marte, to
bee her Pynnace, and the defendante was at no charge thereof; which cannot bee a cause
to deprive the plaintiff of the benefitt of that which the shipp was adventured for
ffor that the defendant Slany might take out a letter of mart privily, and keepe it
in his Chest at home, and his parter the plaintiff not know of it, and give order to the
Master in private to doe what hee the defendant pleased, ffor the Master was of his the
defendants owne shipping, and allwaies went in his goods, So that his partner the plaintiff
might have no knowledge of it./