MRP: C10/86/36 f. 1
C10/86/36 f. 1
Abstract
Transcription
//XXXXXXXXXXXXXXXXX sheweth unto yo:r good Lordshipp yo:r Lo:ipps dayly Orato:r Edward Gibbon of the Citty of London gent That whereas in or about the Month of May which was in the yeare of o:r Lord one thousand six hundred sixty and six one Thomas Hendra deceased//
//[?the ?Master ?of] of the Good Shipp called the Eagle then ?riding in the River of Thames or in the XXX and then bound for a voyage for Ginney At or shortly after which time the said Thomas Hendra had or p:rtended & affirmed to yo:r Orato:r that he had on board the said ship a certaine cargoe of goods XXXX the val?ue//
//of nine hundred & ninety pounds (as he alleadged) conteyning the particulars hereafter menconned That is to say in Welsh ??Plapnes severall ?Dollers valued at Three hundred sixty and six pounds in East India silkes severall sorts valued at Three hundred and fforty and ffive pounds XXXXXXXXX//
//XXXXXXXXXXXXXXXXXX valued at Twenty pounds In XXXstocke XXXX valued at seventy & ffive pounds In Gunne powder valued at fforty pounds In little hatts for Negroes of the value of Twenty pounds In XXacked or striped Cloath English wrought of the value of Thirty pounds In ?cow shells valued at Thirty and ffive ?pounds XX//
//XXXX severall Dollars Thirty pounds In Knives and XXX twelve pounds Brandy and Stronge Waters Sixty and Seaven pounds amounting in the whole to the said summe of Nine hundred and thirty pounds The particular quantity of which said goods yo:r Orato:r cannot thereof sett forth And the XXXXXXXXXXX//
//being soe possessed of the said cargoe of goods upon his owne proper account did propound & offer to yo:r Orato:r That yo:r Orato:r might goe sharer & Partner with him the said Thomas Hendra in the said goods & the adventure thereof and that yo:r Orato:r should & might receive all the returnes of the said shipp from Ginney XXXXXXXXXXXXXX//
//xcptions of advantage in respecte of the said adventure according to the summe of money which yo:r Orato:r should pay to him the said Thomas Hendra whereupon yo:r Orato:r did upon or about the Eight day of May in the said yeare of o:r Lord One thousand six hundred sixty & six satisfy & pay to the said Thomas Hendra XXXXXXXXXXX//
//one hundred & ffifty pounds upon the account of the said adventure & cargoe of goods & upon agreem:t made by yo:r Orato:r with the said Thomas Hendra that upon the returne of the said shipp yo:r Orato.r should have an account of the said cargoe of goods & what they were sould for & according to the ?proporcon//
//he paid should receive his share of profitt or proceeds made or to be made of the said goods And the said Thomas Hendra did give unto yo:r Orato:r a Note under his hand whereby he did acknowledge to have received from yo:r Orato:r the said summe of One hundred & ffifty pounds in part of his cargoe XXXX//
//in the particular goods afore menconned & to proceede on the said voyage for Ginney and to be accountable to yo:r Orato:r for its proceeds at the safe returne of the said shipp into the River of Thames And the said Thomas Hendra did by his Letter from Deale dated upon or about the said Eight day of August XXXXX//
//said yeare of o:r Lord one thousand six hundred sixty & six advise yo:r Orato:r that he had since his departure from London bought Two Tunnes of Brandy at Thirty and ffive pounds the Tunne and offered yo:r Orato:r that if he would come in for a moyty That he might whereupon yo:r Orato:r did agree//
//?to ?come ?in for a moyty & did satisfy and pay to the said Thomas Hendra the summe of Thirty and ffive pounds for the moyty of the said Brandy And the said Thomas Hendra did afterwards send unto yo:r Orato:r a Noate under his hand that he had on board the said shipp called the Eagle on the proper//
//[??account] of yo:r Orato:r one Tunne of Brandy for which and the proceeds whereof he was to be accountable to yo:r Orato:r at the safe returne of the said shipp into the River of Thames And afterwards the said Thomas Hendra proceeded on the said voyage and the said shipp safely arrived at ?Ginney XXXX//
//XX a cargoe of Goods & brandy the greatest part whereof he the said Thomas Hendra had XX sold and disposed of at Ginney for great quantityes of gold and Elephants Teeth and other things of great value amountinge to the summe of ffive thousand pounds and upwards for which XXXXX//
//ought to have an account and satisfacccon to him given according to the rate of his said severall adventures But soe it is that the said Thomas Hendra dyed in the parts beyond the seas before he returned into England After whose decease one Nicholas Pepperell succeeded the said Thomas Hendra as XXXXX//
//of the said shipp And the said Nicholas Pepperell Will:m GroXX & Samuel of Paine or some of them possessed themselves of all or the greatest part of the said Gold Elephants Teeth and other Commodityes in the said shipp for which the greatest part of the said cargoe of goods & Brandy Wynes were for XXXX//
//& possessed themselves of all the residue of the said cargoe of goods and brandy Wynes unsold and not bartered And the said Pepperell XXXX & Paine or some of them did afterwards & befoe their or any of them comeing into England take a great quantity of Gold to the value of One thousand pounds XXX//
//XXX XXX in great value and without any authority or reason soe to doe did deliver the said Gold to some person or persons in the Barbadoes or some other parts beyond the seas and afterwards the said Pepperell GXXX & Paine arrived with the said shipp in England And the said Nicholas Pepperell being XXXXX//
//and confederated together & with the said Willm G?riest Samuel Paine Martha Hendra widdowe the Relict & Executrix or Administratrix of the said Thomas Hendra Thomas Heatley John Sandys S:r William Ryder Knight S:r Richard ford Knight John Bludworth (sic) Thomas ffox & Richard Middleton and Nathaniel Herne have gott into their XX XXXXXXXXXX//
//& John Buckworth to share & divide the said Gold Elephants Teeth & other commodityes being the returne of the greatest part of the said cargoe of Goods & Brandy and all the residue of the said cargoe of Goods & Brandy Wyne unsold & unbartered amongst themselves & to defeat yo:r Orato:r XXXXXXXXX//
//benefitt thereof They the said Martha Hendra Nicholas Pepperell William ?Grieff Samuel Paine & Thomas Heatley John Sandys John Buckworth S:r William Ryder S:r Richard fforde John Bludworth Thomas ffoxe Richard Middleton and Nathaniel Herne have gotten to their or some of their XXXX//
//custody or possession or into the hands custody or possession of some other person or persons by their or some of their direccon delivery knowledge privity or consent or to their or some of their uses all the Notes & papers of account which the said Thomas Hendra had taken of the said XXXXXXXXXXXX//
//the said cargoe of Goods & Brandy Wyne and of the said residue thereof remaineing unsould & not bartred And alsoe all the said Gold Elephants Teeth & other Goods & commodityes which were the proceed of the said XXXXXXXXXXXX Goods & Brandy Wynes & the value for which they weresould or bartered XXX//
//particularly the said John Sandys Thoms Heatley and John Buckworth have gotten into their or some of their hands custody or possession ffifteene hundred ounces of Gold & other goods of very great value for which the said cargoe of Goods & Brandy Wynes were sould & bartered XXX of which//
//yo:r Orato:r ought to have an account And the said Thomas Heatley hath gotten into his hands custody or possession or into the hands custody or possession of some other pson or persons by his direccon knowledge privity or consent the summe of one thousand pounds in money XXXXXXXXXXXX divers//
//other goods of very great value the proceeds of the said adventures or one of them And the better to XXXX:r the keepeing of the said Gold money Elephants Teeth and other comodityes from yo:r Orato:r they the said confederates have by the combinaconn aforesaid & under p:rtence of legall//
//?proceeding affirmed severall accons of debt in the Co:rts of the Citty of London or some of them against the said Martha Hendra the Administratrix and thereupon made attachm:ts of the said Gold money Elephants Teeth & other comodityes and particularly They the said S:r William Ryder S:r//
//Richard fford & John Buckworth John Sandys Thomas ffoxe and Thomas Heatley hath affirmed an accon of debt of two thousand pounds against the said Martha Hendra as Administratrix of the the Goods & Chattells of the said Thomas Hendra and upon or about the Twenty XXXXXXXXX//
//of September last have attached in the hands of the said Thomas Heatley the summe of one thousand pounds in money numbred and divers other goods & chattells as the goods & chattells which were the said Thomas Hendras at the time of his death in the hands of the said Thomas Heatley one of//
//the XXXX in that XXXX And alsoe the said Richard Middleton hath affirmed in the Sheriffs Co:rt of London another accon of debt of Eight hundred pounds against the said Martha Hendra Administratrix of the Goods & chattells of the said Thomas Hendra And the said Richard Middleton hath upon//
//the accon aforesaid attached in the hands of the said John Sandys ffive hundred Ounces of Gold and other Goods in the hands of the said Thomas Heatley ffive hundred ounces of Gold & other Goods And in the hands of the the said John Buckworth five hundred ounces of Gold and other Goods//
//and the said Nathaniel Herne hath likewise brought an accon of debt against the said Martha Hendra Administratrix of the said Thomas Hendra for foure hundred pounds and hath attached severall other Goods and chattells belonging to the said Thomas Hendra at the time of his death in the hands of the said//
//confederates or some of them To which severall acconns the said Martha Hendra by the combinaconn aforesaid doth refuse to appeare & put in bayle whereby the said Martha Hendra might be discharged but the said Martha Hendra haveing likewise gotten into her hands custody or possession or into ?the hands//
//custody or possession of some other person or persons by her direccon knowledge privity or consent the summe of Two thousand pounds & upwards being part of the proceeds of the said Adventures or the one of them doth permit the said S:r William Ryder S:r Richard fforde XXXXXXXXXXX John Sandys//
//Thomas ffox Thomas Heatley and Richard Middleton & Nathaniel Herne to proceed with the said Martha according to the custome of the Citty of London where the proceedings are very speedy & in a very short time the said partyes will ??condemne the said goods XXXXXXXXX//
//XXXXXXXXXXXX to defeate yo:r Orato:r of his ?share & XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx of them although the said confederates of XX
//XXXXXXXXXXXXXX or accon of debt willly And if the said is the said Thomas Hendra was indebted to the said confederates or any of them it would not bee soe much as by
//Martha Hendra as Administratrix to the said Thomas Hendra it is for some breach of covent,. or other matter upon which occaccon of covenant doth duely ly yet the said
//in the said Def:ts in London are intituled to bring an accon of debt & not ?in any other accon whatsoever and in truth if any debt
//yo:r Orato:rs goods properly belonging to him ought not to be attached for the debts of the said Thomas Hendra And whereas the said confederates
//of their proper account and the said Thomas Hendra had on board the said shipp Tenne barrells of Gun powder upon his owne account being pcell of thecargo of
//gave a bill of ladeing to the said confederates or some of them for thirty barrells of Gunpowder or at least for Tenne barrells of gunpowder more than did XXXXXXXXXXXXXXXXXXXXx & afterwards the said Thomas Hendra did by XXXXXXXXXX by severall Letters from the town of Portsmouth and other places give notice to the said confederates promissed to doe
//on board on their account onely Twenty barrell of Gunpowder [ADD INSERTION] to be sould wherein was not included the Gunpowder for the provicon & necessary use of the said shipp & desired
//not take advantage of the said mistake But the said confederates being informed & well knoweing that Gunpowder was sould or bartred away at Ginney for very great advantage
//and doe now p:rtend that they will be onely accountable for soe much as the Gunpowder cost and not for soe much as it was sould or bartred away
//whereas the said confederates or some of them had sould the said goods to the said Thomas Hendra for very great advantage to themselves and to be paid ffifty pounds p cent
//Ginney but really & absolutely sould the said goods to the said Thomas Hendra and although they received not moneyes for them yet the property of the said goods was in the
//the contracts by them respectively made with the said Thomas Hendra And the said confederates ??continue p:rtend and give out in speeches that the said Thomas Hendra
//Teeth & other comodityes returned as the proceed of the said severall adventures and of the residue of the said Goods unsould and undisposed of in paym:t of the debts
//said Thomas Hendra ought not to receive satisfaccon till after the said Judgem:ts & specialtyes are satisfyed and paid whereas yo:r Orato:r claimed not the money paid to th
//partner of the said cargoe of goods with the said Thomas Hendra and ought to have an account to him made of the said Goods and the proceeds thereof and satisfaccon to him
//p:rtences doe refuse to give unto yo:r Orato:r any account of the said goods or proceeds thereof or what they were sould for or what part thereof were returned backe orto deli
//Brandy Wyne and of the said residue of the said goods or any of them or any part or parcell thereof although they have beene thereunto very often & in a friendly manner
//Pepperell John Sandys S:r William Ryder S:r Richard fford John Bludworth Thomas ffox Nathaniel Herne Richard Middleton & John Buckworth are contrary to all right
//evidence is requisite in the p:rmisses bring accon at Law against the said confederates or any of them to have his share & proporcon of the matters aforesaid
//gold Elephants Teeth & other commodityes in the hands of the said confederates nor the true quantity and particulars of the goods unsold and undisposed of And for that yo:r Orato:r
//have them to make use of them
//Ryder S:r Richard fford John Bludworth Thomas ffox Nathaniel Hearne & Richard Middleton may declare & set forth the truth of all and singular the p:rmisses
//disposicon of the said cargoe of goods and brandy or of the returne and residue of the said cargoe unsould And that they & every of them
//sould or bartred at Ginney
//?what ?answers they
//XXXX if soe they and
//XXXX of in any of the parts beyond the seas
//XXXXXXXXXXXXXXXXXXxx
//Pepperell Thomas Heatley
//XXXX Ginney in the said ship
//privity knowledge consent or to their
//fford John Bludworth Thomas ffox Nathaniel Hearne & Richard Middleton may be compelled to give yo:r Orato.r satisfaccon for soe much as belongs to him of the said Gold Elephants Teeth & other commodityes and of the residue of the said adventures XXXXXXXXXXX XXXXXXX and undisposed of//
//according to the rate of his severall adventures aforesaid that the proceedings upon the said attachm:ts may be stayed & yo:r Orato:r be releived acording to right equity & good conscience May it therefore please yo:r good Lo:ipp to grannt unto yo:r Orato:r his Ma:ties//
//gracious pro?ces of subpa to be directed to them the said Martha Hendra Thomas Heatley William ?Grieff Samuel Paine Nicholas Pepperell John Sandys John Buckworth S:r William Ryder S:r Richard fford John Bludworth Thomas ffoxe Nathaniel Hearne XXXXX Richard//
//Middleton thereby comanding them and every of them at a certaine daye & under a certaine paine therein to be limitted to be personally to appeare before yo:r Lo:ipp in his Ma:ties High & hon:ble Co:rt of Chancery then & there to answere the p:rmisses & to XXXXXXXXXXXX//
//XXXXXXXXXXXX and direccon therein as to yo:r Lo:ipp shall seeme to stand with right equity & good conscience & yo:r Orato:r shall XXXXXXX pray for yo:r Lo:ipps health and happiness XXXXXXXXXXX to continue//
//??Royle [Signature, bottom LH corner]
//XXXX Roux [Signature, bottom RH corner]
Commentary
See C10/86/36 f. 2
See C10/89/61 f. 1
See C10/89/61 f. 2
See C10/89/61 f. 3
See C10/89/61 f. 4
See C10/89/61 f. 5
