MRP: C6/125/Pt1/53 f. 4
C6/125/Pt1/53 f. 4
Editorial history
15/11/11, CSG: Images made of manuscript
20/11/11, CSG: Started transcription
Abstract
Transcription
//XXXXXXXXXXXXXXXXXXXXXXXXX//
//1654 XXXX//
//XXXXXXXX//
//The severall Answer of George Kendall Merchant one of the Defend:ts to the Bill of Comp:lt of Alexander ffarley marriner Comp:lt//
//?The said Defend:t saving to himselfe now and att all times hereafter all advantages of Excepcon to the Incertainties & insufficiency of the said Bill of Comp:lt for answer to somuch thereof as any wXX made XXXX XXXX him this defend:t to make answer unto//
//Saith That this Comp:lt being Owner of the Ship [??called] the Hopewell riding at an Anchor in the River of Thames & bound for a voyage to Ginney & having provided or put aboard the said Ship divers goods merchandizes & provisions for which as he p:rtended//
//he was to pay One Thowsand pounds [?two or three words obscured by fold in manuscript] & seaventeene pounds sixteene shillings & ffower pence ready money ?& the said shipp being accounted part thereof But the Comp:lt not being ???averse himselfe as this defd:t conceaveth to endanger soe great a//
//charge, nor as he beleaveth XXXXX XXXed nor XXXXXXXXXXXX soe much ready money as would pay for the same nor ??could he put to sea Till the same was paid or XXXXXed, and his charge dayly ??making by expence of XXnally & mens wages did about the time//
//in the Bill specified make his Condiccon knowne to this defd:t, & did not onely earnestly intreate him to come in as a part own:r with him in the said shipp & goods but that he would alsoe promise some XXX of his freinds or acquaintance to joyne with him therein//
//assuring him this def:t That the intended voyage would prove of great profitt & advantage to all those that should adventure with him the therein And this def:t (giving creditt thereunto, & relying upon the honesty & ability of the Comp:lt) was drawne thereby//
//not onely to attempt of a ffowerth part of the said Shipp & goods for his owne Accompt, but did procure Thomas Williams Merchant (alsoe named for a def:t in the Comp:lts Bill) to take a ffowerth part therof, and thereupon they paid their//
//proporconnable part of the said: 1817:li: 16:s: 4:d for the said Shipp & goods And this def:t & the rest of the Part own:rs did presume that the Comp:lt or would doe the like for his part, And thereupon about the time in the Bill specified The Shipp departed//
//out of the River of Thames upon her intended Voyage And this defend:t was the rather induced to joyne with the Comp:lt in the said Adventure for that as the def:t was informed he had freely used to trade into the parts of Ginney & had beene him//
//selfe severall times in that Country And this def:t further saith That upon the Comp:lts promise & undertaking to deale faithfully in that imploym:t And that he would manage the Trade to the best advantage of this def:t & the rest of the Partowners//
//& that he would give unto them a true & just Accompt at his returne home againe This defd:t & the rest of the Partowners did trust him to goe merchant or ffactor in that Voyage But this ?Comp:lt denyeth That to his knowledge or remembrance there was//
//any Agreem:t or promise made that the Comp:lt should have the Somme of Eight pounds Eighteene shillings a month or any other Somme whatsoever as a Sallary for the Comp:lt as XXXX and for three other of his servants in the said Bill perticularly//
//named for & during the time of that Voyage, but this defd:t conceaveth That the same was to be considered of at the returne of the said Shipp for then it would better appeare how the Comp:lts had ??behaved himselfe in that Voyage and what profitt or losse would//
//come to the Partown:rs thereby, And this def:t saith That he doth not remember the contents of the Commission given to the Comp:lt by this Defd:t or any other of the Partown:rs (if any such were ?given) but humbly prayeth that the Comp:lt may produce the same//
//and then this defd:t & the rest of the Partown:rs shalbe able to judge whether the Comp:lt hath followed the directions which they gave him, & whereof this defd:t hath just cause to make some XXXX, for this defd:t saith & beleiveth that the Comp:lt did dispose//
//of the cargasoane aboard the said Shipp to good profitt & advantage of the Partown:rs but the Shipp returning to Portsmouth about the time in the Bill sett forth & after some ?stay she came into the River of Thames The Comp:lt did send ?or//
//deliver unto this defd:t a paper which he pretended was an Accompt of the proceed of the said Voyage, and upon ?perusall thereof this defd:t did find therein many errors, imperfections ?& omissions, for the Comp:lt doth menton that severall sorts of//
//goods were delivered for Provisions & in Barter for Negars and other Commodities, but he setts not downe the quantity nor the quality of the goods & provisions receaved in lewe thereof, nor the value thereof nor at what rate or price They were//
//given in Barter nor what he paid a peece for the Negars, Nor what those other Commodities were which were then delivered And this Defend:t further saith That the Comp:lt (as this Defend:t has heard & beleweth) hath sold bartered & exchanged for his owne use & benefitt//
//a good part of the Cargasoone put aboard the said Shipp & belonging to the partable Accompt, for this Def:t hopeth to prove that the Comp:lt caried Thirteene Negars for his owne or for the Accounte of some other of his ffreinds out of Ginney//
//to the Barbadoes, and that he bought them with the money or goods belonging to the partable Accompt, nor hath he allowed any ffraight for the same, And this Defd:t hath beene informed That the Comp:lt whilst he was abroade did send//
//home to his wife, & hath left in Ginney or the Barbadoes or some of them goods and commodities to the value of Twelve hundred pounds or thereabouts & hath sold divers other goods and provisions without giving any Accompt//
//for the same, Nor hath he delivered to this Defend:t all such goods and provisions as were returned in the said Shipp, Nor hath the Comp:lt allowed any thing for the fraight of divers goods which he brought home in the said//
//Shipp for his owne Accompt amounting to about Three hundred pounds besides other goods which he had laden aboard the said Shipp for the Accounts of himselfe and others, And from the time That the said Shipp came//
//to the Port of London The said Shipp Tackle provisions & divers goods belonging to this Defend:t & the other Partown:rs remained in the hands & custody of the Comp:lt and his servants, And the defend:ts dayly expecting//
//That the Comp:lt would have given a more perfect Accompt to all the said Partown:rs The Comp:lt on a sudden went to Sea againe without giving to the Defend:t or any of the said Partown:rs any timely notice thereof//
//That soe they might have taken the said Shipp and the rest of the goods into their Care and Custody; The goods and provisions shortly after his departure through the negligence of those he left aboard, suncke in//
//The River of Thames and all or most of the goods and provisions were spoyled with the wett, And this Defd:t and the rest of the Partown:rs have beene att great charge and trouble to boy upp the Shipp againe, And the//
//Defend:t further saith That the Comp:lt not having paid for divers goods and provisions which he had put aboard the said Shipp, severall Attachments were made upon the said Shipp and other suites commenced since//
//the Comp:lt left the said Shipp and went againe to Sea, for the said moneyes soe unpaid by the Comp:lt, and for satisfaction whereof the Comp:lt had formerly made over the said Shipp and Tackle to the XXXX to whom the money//
//was due without the knowledge or consent of the Partown:rs And this Defend:t further saith after the said Shipp was at the charge of him & the rest of the Partown:rs boyed upp out of the water where she suncke by the Comp:lts negligence//
//They were necessitated to sell the said Shipp to one Thomas ?Gold and the most that could be gotten for her was Two hundred Threescore and Tenn pounds, and whereof Threescore and ffower pounds was abated by reason of//
//some ??arrests and other dampnificatonns which hapned to the said Shipp shortly after the Sale thereof and before the Receipt of the money, And this Defend:t denyeth That the malegettoes in the Bill menconned were left in the Shipp//
//by order from this defend:t or any others of the Partowners to his knowledge for the saving the charge of Warehowse Roome, till a Chapman could be gotten for the same or that the Comp:lt left any directions with this Defend:t//
//touching the same, But it seemeth that the Comp:lt having some malgettoes aboard the said Shipp when she suncke, for his owne Accompt, the same were so much spoyled with the wett That this defend:t could gett but//
//Eight pounds and Tenn shillings for them and out of which the charges for drying and preparing them for Sale is to be deducted And this defd:t doth not know of any Gold teh Comp:lt put aboard the Shipp called the John and//
//Sara of London or that he consigned any Gold to this defend:t, nor had the Comp:lt any Order to put any of the goods belonging to the Partown:rs aboard any other Shipp but the Hopewell And if it be true that the//
//Comp:lt did put any Golad aboard the said Shipp It was for his owne Accomte as this defend:t beleiveth and now the Shipp
//And this defend:t
//be the defend:ts best profitt and advantage
//or therabouts
//he never refused to come
//to require an Accompt
//proceed thereof and how
//and the rest of the Partown:rs
//of all the goods merchandizes
//sold by the privity
//denyeth That
//confesseth
//thereof
//and fforty
//acknowledge
//which hath
//in the hands of
//said Shipp
//names ?surnames or places
//Or that he
//said Bill
//this defend:t
//Ro: Xelson [Signature, bottom RH corner]//
Commentary
See C6/125/Pt1/53 f. 1
See C6/125/Pt1/53 f. 2
See C6/125/Pt1/53 f. 3
