MRP: C10/58/29 f. 2

C10/58/29 f. 2

Editorial history

21/10/11, CSG: Created page

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Suggested links

See C10/58/29 f. 1 Complaint by William Gomeldon

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Transcription

Transcription is complete

//XXX the tenth day of June[top LH side]//
//1659 before XXXX [top LH side]//
//W Glanock [Signature] [top LH side]//

//The severall Answ:rs and disclaym:rs of William Rider one of the defend:ts to the bill of Complaint of William [Centred]//
//Gomeldon Complainant [Centred]//

//The said defed:t saving to himselfe now and at all tymes therafter all and all manner of advantage of excepcon to the incertainty insufficiency and ither the imperfeccons of the said bill of Complaint and all and every of matters and things therein conteyned//

//for a full and pfect answ:r theunto or to soe much thereof as doth any way concerne this defend:t to make answ:r unto he saith and doth beleive it to bee true that about the tyme in the bill mencconed Richard Gomeldon in the bill named went into Holland to//

//remaine there as ffactor for the said Comp:lt and that Thomas Marsham became indebted to the said Comp:lt in some summe of money but the certainty thereof thus defend:t cannot sett forth and this def:tbeleives that upon request of this Comp:lt//

//the said Thomas Marsham gave creditt to the said Richard Gomeldon for three hundred pounds in Holland and to that purpose did write or designed this defend:t to write (whose name in those troublesome tymes hee did make use of upon such//

//ground or reason (as this defend:t conceived) as in the bill set forth) a letter to Jonas Abeales (who was the said Thomas Marsham's Correspondent in Amsterdam) to furnish the said Richard Gomeldon w:th the summe of three hundred pounds//

//and thereupon this defend:t beleiving the said Richard Gomeldon received of the said Jonas Abeales the summe or value of three hundred pounds the rather for that not long after the said Letter of Credditt sent three bills of exchange//

//of the value of one hundred pounds a peece were charged on the said Comp:lt and sent over to be paid by the said Comp:lt to the said Thomas Marsham and this defend:t alone the certainty whereof this defend:t//

//cannott sett forth but therein referrs himselfe to the said bills of Exchange if the same may be produced which said bills of Exchange comeinge to the hands of this defend:t & the said Thomas Marsham being made acquainted//

//therew:th this defend:t upon y:e demannd of the said Thomas Marsham did deliver the said three bills to the said Thomas Marsham and by his order did passe the said three hundred pounds to his accompt for that as the said Thomas//

//Marsham affirmed) there were accompts betweene him and the said Comp:lt And this defd:t further saith that he doth beleive it to be true that the said Comp:lt accepted of the three bills of Exchange but what or howe//

//much the said Thomas Marsham was indebted to the said Comp:lt for lodging or dyett or otherwise this defend:t doth not know nor that the said Comp:lt did accept of the said three hundred pounds for charges upon him for//

//part of satisfacccon of what was due or claimed to be due to him or did discharge the said Thomas Marsham of soe much upon the accompt or that the said Thomas Marsham allowed thereof or that the said Comp:lt gave creditt//

//to the said Thomas Marsham for the residue as in and by the said bill of Complaint is suggested nor doth this defd:t knowe or remember that ever he heard the said Thomas Marhsam say or expresse that hee was in the said//

//Comp:lts debt or that Richard Lake in the bill named was ordered to deliver upp the said bills of exchange to the said Comp:lt or that the said Tho: Marsham p:rmissed to deliver up the said bills to the said Comp:lt or did to//

//this defend:ts knowledge say or expresse that the said Compl:lt was not in his debt as in and by the said bill of Complaint is sett forth but this defend:t doth beleive that the said bills of Exchange were intended by the said//

//Thomas Marsham to be allowed in accompt to the said Comp:lt the rather for that the same were never protested to the knowledge of this defend:t nor the moneys ever demanded by the said Thomas Marsham that this defend:t ever//

//heard of And sure this defend:t isthat hee this defend:t never demanded the same nor had any reason soe to doe this defen:dt having passed the same in accompt to the debt of the said Thomas Marsham & delivered over the said bills of//

//Exchange to the said Thomas Marsham as aforesaid and doth disclayme to have any interest or title in or to the said bills of Exchange or any the moneyes therein to his owne use. And this defd:t further saith that he doth//

//beleive that in or about the moneth of November one Thousand sixe hundred forty nyne the said Thomas Marsham haveing made his last Will and testam:t in writing and there of made John Marsham and//

//fferdinando Marsham in the bill named for defend:ts his Exor:es dyed And as this defend:t beleives the said Exor:es doe make clayme to the said bills of exchange and the moneyes thereupon payable and have since this//

//defend:ts being served with a subp:na to answ:r the said Comp:lts bill of Complaint pcured from this defend:t a letter of Atturney to presente suite in this defend:ts name ag:st the said Comp:lt for recovery of the moneyes//

//thereby menconed to bee secured w:ch this defend:t was before ordered and directed to seale and execute by certaine Com:ers or Referrees appoynted by order of the High Court of Chancery to examine settle and determine the accompts and//

//differences betwixt this defend:t and the said John and fferdinando Marsham as there by may appeare And doe intend as this defend:t beleives to put the said bills of Exchange in suite against the said Comp:lt although this defend:t doth//

//beleive and soe hath declared to the said M:r Marshams or one of them that he was psuaded in his conscience that the said bills were satisfied upon accompt and that if the said Thomas Marsham had lived that the said Comp:lt would//

//never have beene questioned upon the same or for the moneyes therein mencconed but to accompt And this defend:t saith that he doth not remember that the said Comp:lt hath at any tyme demanded of this def:dt the said bills//

//of Exchange or any dyscharge for any of the moneyes therein upon payable or that this defend:t hath refused to doe or pforme the same, nor in truth could this defend:t have donne the same if such request or demand had been made//

//this defend:t having as aforesaid delivered over the said bills to the said Thomas Marsham and placed the said three hundred pounds to his accompt and the said bills of exchange as this defend:t beleives remaine now in the//

//Custody or power of the said Exor:rs of the said Thomas Marsham who have as he conceiveth allowed this defd:ts accompt as to the said three hundred pounds. And this defd:t denyes all combinacon wherew:th hee is charged And//

//disclaymes to have anything to doe in ths p:rmisses to his owne use and travereseth and saith Without that that any other matter or things whatsoever in the said bill of complaint contayned materiall or effectuall in the ?law//

//for this defend:t to make answ:r unto and not herein and hereby sufficiently answered unto confessed and avoyded traversed and denyes is true to the knowledge of this defend:t. All which matters and thinges this//

//defend:t is and will bee ready to averr and prove as this honourable Court shall award and humbly prayes to bee hence dismissed with his reasonable costs and charges in this behalfe wrongfully susteyned//

//Jo: Vincent [at bottom R.H. side]

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Notes

Jonas Abeeles

1643

In late 1643 Sir Ralph Verney prepared to leave for France and, according to Frances P. Verney, wound up his private and political business, and drew up two docket to express his wishes if he shoudl "miscarry": "He writes at great length to Sir R. Burgoyne about the disposal of his goods — 24 parcells in Mr. Jonas Abeeles custody in Rotterdam, '27 percells more of goods now in Dr. Peter Chamberlaine's custody in the Hague'..."

1648

"[Referring to William Courten who had become insolvent due to losses in the East Indies and who had fled his creditors via Amsterdam, where he claimed to have given authority to Jacob Pergens to compound the debt and damage with the East India Company. Jonas Abeeles is referred to earlier as Sir Paul Pindar's "attorney"]1648. Jonas Abeeles, hearing that Pergens was in treaty w:th the East India Comp:y, did, on behalfe of Pindar, 25:th May, 1648, insuate and protest, by a Publique Notary, to the Directors of the East India Comp:y, at their Chamber in Amsterdam, y:t if they made any payment to Jacob Pergens, it should be held invallid and of no effect, setting forth S:r Pauls assignment, as appeares by an authentique Act registered in Amsterdam"

On Saturday August 18th, 1648, a commission appointed jointly by the Lords and Commons for the relief of distressed protestants in Ireland reported to the joint houses. The commissioners were "Mr. Adam Lawrence, Mr. Dierick Hoosts, Mr. Maurice Thompson, and Mr. Nicholas Corselly (sic), of London". The commissioners had approached "the States General of the united Provinces, and likewise to the Barge-Masters of the several Cities" and others, and had raised £31,218-12-06 through a voluntary contribution "for Supply of the British, and Protestants within the Realm of Ireland, and disposed of accordingly in Victuals." Treasurers in the United Provinces were noted: "Mr. Tho. cave, Mr. Charles Looten, Mr. William Watson, and Mr. Jonas Abeeles, the Treasurers in Amsterdam; and Mr. Jeronimo Williams Ashnam, Mr. Peter Bouderen Courten, and Mr. John de Durper Cozen, Treasurers in Middleburgh."

1650s

Jonas Abeeles was became an agent of the English East India Company in Amsterdam in 1658

See index entry:

"Abeels, Jonas, agent for the Company at Amsterdam, 296, 304; letter from, 94; offers his services, 213; letters to, 223, 233. 237, 239, 245, 249, 254, 256, 264, 266, 268, 272, 274, 279, 280, 289, 292, 295, 296; to be superseded by Bridgman, 274."

Some extracts from the above:

Jonas Abeels at Amsterdam to Thomas Andrew and William Vincent in London, March 31, 1656 (Home Miscellaneous, vol. xl, p. 39).

Has heard nothing since sending his last letter of the 17th instant. This only serves to enclose a bill of lading of [ ? rials] laden aboard the Philipus, master, John Hubertsen. Will send the account of the rials and their account current next week. The Dutch East India Company have bought the small quantity of rials remaining. Signed by John Abeels in the absence of his father Jonas. (1 /4p.)

A Court of Committees for the New General Stock, January 14, 1658 (Court Book, vol. xxiv, p. 54).

"...Jonas Abeels and Richard Bridgeman, both living at Amsterdam, write to offer their services to the Company ; hereupon it is decided to desire Abeels to buy sheets and other goods suitable for Guinea, and Bridgeman to attend to any other business the Company may require seen to there...."

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Possible primary sources

PROB 11/212 Pembroke 55-109 Will of Thomas Marsham or Marscham of London 03 April 1650

• This is probably the correct will for Thomas Marsham, deceased, mentioned in the above Chancery suit

PROB 11/227 Brent 110-165 Will of Thomas Marsham, Haberdasher of London 26 August 1653
PROB 11/368 North 142-189 Will of Ferdinand Marsham, Gentleman of London 17 November 1681

• This is probably one of the two executors of Thomas Marsham mentioned in the above Chancery suit

PROB 11/380 Cann 52-107 Will of Sir John Marsham of Cuxton, Kent 30 May 1685

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Possible secondary sources

Frances Parthenope Verney, Memoirs of the Verney Family: Memoirs of the Verney family during the civil war, vol. 1 (London, 1892)
Frances Parthenope Verney, Memoirs of the Verney Family: Memoirs of the Verney family during the civil war, vol. 1 (London, 1892)

Verney, Margaret M., Memoirs of the Verney family during the Commonwealth, 1650 to 1660, vol. 3 (London, 1894)