MRP: C6/36/21 f. 4
C6/36/21 f. 4
Editorial history
10/11/11, CSG: Created page
XX/XX/XX, CSG: Transcription completed
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Suggested links
See C6/36/21 f. 1
See C6/36/21 f. 2
See C6/36/21 f. 3
To do
Abstract
In C6/36/21 f. 4 John Letten, one of the part owners of the William, replied to a Bill of Complaint exhibited in Chancery in ?1670 by George Cock and John ffenn C6/36/21 f. 1.
The voyage of the William to which the bill and answer refer had commenced in early 1668 and had ended on June 22nd 1669 back in Gravesend. It had three legs: London to Guinea; Guinea to the "Islands of America"; and the return from the islands to London. Following the return of the ship to London the freighters failed to satisfy Letten for the ship's services. This led to Letten taking legal action in the Michaelmas Term, 1669 in the court of King's Bench seeking payment of the freight. The freighters also resorted to law, submitting a claim in the same legal term and in the same court of King's Bench against the ship's master, Thomas Hobart, for payment of the penalty of £3,000 on Hobart's signed bond. In pursuit of the freighters' suit at King's Bench Hobart and three of his mariners had been examined by the court. However, Hobart, having post common bail, had subsequently departed in November 1669 on a further voyage to Guinea with his ship and crew.
The freighters, facing legal difficulties in the court of King's Bench, then attempted to use the court of Chancery to improve their chances of remedy, submitting their bill of complaint in XXXX 1670 (C6/36/21 f. 1).
Letten, in his answer, made a statement of facts, and accepted that some of the goods on their arrival in Guinea were found to be damaged. However, he claimed that the freighters' own supra cargo, John Ansell, had confessed that they were damaged "for want of being well ordered and conditonned before the same were putt on Shipp board." Letten suggested that the freighters well knew that Hobart was intending to depart again for Guinea, and chose to exhibit their bill of complaint in Chancery after his departure to avoid Hobart being able to make answer to that bill and therefore allowing them to seek an injunction for the absence of his answer.
The London bill of lading (C6/36/21 f. 1) was attached to the bill of complaint, together with the charter party (C6/36/21 f. 3).
Transcription
//DATE XXXXX//
//XXXXXXXXXXX//
//The Severall Answer of John Letten one of the defendants to the Bill of Complaint of George Cock//
//and John ffenn Complaints//
//
Incertaintyes and other Imperfeconns in the sd Bill conteyned for Answer thereunto saith he knoweth not whether the Complt George Cock and//
//James Temple in the said Bill
the tyme in the Bill for that purpose menconned they did hire and take to freight the Shipp in the Bill named of Thomas Hubbard named for//
//and the defendts
whereunto this defend:t confesseth he was and is made a party only to give his consent thereunto as parte owner of the same Shipp and not otherwise XXX//
//defendts
for satisfaccon of this hon:ble Court and of the Complt touching the matters in question this defend:t saith was in the words XXX the effect in the XXXXX//
//XXXXX
desires may be taken as parte of this defendts Answer//
//XXXX
to say one parte by the sd Thomas Hubbard and this Defendt to testifye his consent as aforesd and the other parte by the Complt and the sd James//
//XXXX
and consent of the Complt and the said James Temple and well known to them and by them well understood and approved of before the XXXXX thereof//
//XXXX
fraud ??innumeration undue practice contrivance or combynacon whatsoever of this defendt or any other to his this defendts knowledge or beleife. And this//
//
party but beleiveth that the Complt Cock and the sd Complt ppared or raised to be Shipped for the said Voyage a cargoe of Goods but what the particular//
//
and doubt not but to prove shall bee were not and if the said Complt or the said Temple
.................
//XXXXXXXXXX
//same were well condconned as by the Bill is p:rtended when as in truth the same were not soe as aforesd this defendt humbly hopes that the complts Bill shall not be permitted//
//XXXXXXX
//equity that this defendt doth beleive it to be true that the other Defendt Hubard on some for him when the said cargoe and goods were on board uppon affirmacon that the Goodes were good and well conditionned//
//did or might signe Bill or Bills of Lading for the same as is usuall and a thing of Forme and Course in all such cases to be done by Ma:r of Shipps and otherwise this Defendt knowteh nothing thereof And he further saith That the said cargoe being on board and the//
//Shipp being strong and substantiall and fitted for the said Voyage according to the said Charterparty departed from Gravesend and went the said Voyage and performed the same as she ought to doe and ended the said Voyage on or about the Two and Twentieth day of//
//June One thousand sixe hundred & nine But this Defend:t doth expressly deny that the said Shipp to this Defendts knowledge or beleife was leaky or broaken or infirme and unfitt for the said Voyage as by the said Bill is p:rtended nor did the comp:lt or any for him except ag:t the ?cardimom of the Shipp//
//or p:rtend that the sd Shipp was not fitt for the sd Voyage to this Defend:ts knowledge otherwise than is herein after mencconned allthrough on the behalfe of the Comp:lt and the sd Temple the freighters and by their Order there was a Supracargo of Superwiser of the//
//said Goodes and Shipp one John Ansell putt on board wthat purpose and this defendt denyes that any the said goodes or cargoe by reason that the said Shipp was unfitt for the sd Voyage as aforesaid werer impaired made worse or damnified or that thereby the plt//
//or his partners lost the benefitt by Sale or exchange or otherwise w:ch might have been made thereof to the knowledge of this deft and what rates the said Goodes made or might have made this defend:t knoweth nott But beleives that the sd Shipp according to the said Charterparty and wind and//
//weather permitting did duely performe her sd Voyage and aided the same as aforesd but this dend:t hath heard That some of the said Goodes when when they arrived in Guiny or towards those parts being found damaged that the sd Supra Cargo himselfe confessed//
//that the same were soe dammaged for want of being well ordered and conditonned before the same were putt on Shipp board and that the other defend:t Hubbard the Master before the said Shipp went out of the Port of London on the Voyage aforesaid discovered the//
//same or some other XXX ?person XXX & defaults therein and thereof gave notice and caution to the said comp:lt XXX as this defendt doubteth not to make it appeare And this Defendt saith that the sd did ffreight of One hundred and thirty pounds p Mensem for the said Voyage according to the sd Charterparty//
//at the rate aforesd amounts unto the summe of Two thousand four hundred & nine pounds six shillings & eight pence of lawfull money besides the two third parts of the Port Charges with primage and ??Achoriage accustomed and w:ch accounts unto about the summe of ffiftie poundes//
//of lawfull money more as this defend:t verily beleiveth and computeth the same And the sd Temple being dead and the Comp:lt Cock not making paim:t thereof after many desires and requests of this defendt he this defendt an XXXXXXth//
//That he this defendt in Michas Terme last caused an acconn to be brought for the same ag:t the Comp:ls at Law in his Mats Cort of Kings Bench as he is informed by his Attorney upon the sd Charter party for the freight as in the Bill and intends to//
//bring the same to a Tryall as the Rules of that Court will permitt and humbly hope he shall not be injoyned from soe doeing by this hon:ble Court the matters in question being properly tryable at Law as this defendt is advised by his Counsell and the XXXXX//
//for that the Comp:lt as this defendt is informed by his Attorney and belewethas of the same Michas Terme hath brought his accon at Law ag:t the other defenst Hubbard for three thousand pounds penalty in the sd Charter party upon p:rtence that the sd shipp//
//as not Strong and substantiall and fitted for the sd Voyage according to the sd Charterparty untow.ch acconn the sd Hubbard hath appeared and putt in common bayle as this Defendt is advised by his Attorney the Complainant XXXXXX for him//
//insisting upon speciall Baile therein And this defendt saith that the Comp:lt George Cock and this defendt taking notice that the sd John Ansell the Comp:lts said Supracargo being then going on a Voyage again to Guyny or thereabouts alsoethe the sd Thomas Hubbard//
//and sewall of the Marriners that went in the sd Voyage in question there were sewall ?Orders upon the XXXX as well of the Comp:lt Cock as of this Defendt for examining the sd Supracargo and Marriners to the matters in question made in the sd Court//
//of Kings Bench in Michas Terme last And thereupon the sd Supra cargo and three of the Marriners that went all along in the sd Voyage were examined in the matters in question on both sides and their exXXXons published in Order to the//
//Tryall thereof at Law and the plt XXX and his XXennsell ?privy to the sd Examinnacon unto w:ch Orders & Examinnacons this defendt referreth himself And afterwards the sd defendt Hubbard and the sd Supra cargo and Marriners//
//about the latter end of November last went to Sea in another Voyage to Guyny aforesd whereof the comp:lts or one of them had such tymely notice of knowledge as this defendt doubteth not but he shall prove and that they might have//
//had this ??Hobbard answer of their Bill if they had thought fitt whane exhibted there bill into this hon:ble Cort in convenient tyme but probably there not being any iust cause soe to doe the same was not XXX thought fitt to be done untill he was gon & then exhibited the same purposly//
//to try if an ?Incon could be attained for want of his Answer And this defendt knoweth nothing to the contrary but beleives that the sd Thomas Hubard is very well able to satisfie all damage by the comp:lt susteyned as by the Bill is p:rtended and if he were not its is the//
//comp:lts neglect in not demanding or insisting upon the Baile to the said acconn as this defendt is advised And this defendt denyes that there is or are any more or other summe or summes of money or other satisfaccon paid to this defendt or to the said Thomas//
//Hubbard or to any other for them or either of them for the ffreight Port charges or primage and average upon the Account of the sd Charterparty than the summe of Eight hundred and fifty pounds seaven shillings & two pence but saith that there is iustly due and unpaid for the sd freight according to the sd Charterpty//
//the summe of One thousand five hundred fifty eight poundes nyneteen shillings and six pence as this defendt beleives and XXXX of this defts knowledge besides damages for the same since the tyme of paiment thereof by the by the said Charterparty & besides primage and average & port charges and besides Costs at Lawe in this Court w:ch this defendt//
//humbly hopes the CXXXXX Corte shall be compelled to pay notwithstanding the p:rtences of the sd Bill w:ch this defendt beleives is exhibited ag:t him more for delay than for any iust Cause of suite in this hon:ble Cort, this defendt saith he knowes//
//not what Interest the other comp:lt John ffenn hath in the matters in question or whether he hath any or not nor is it matterriall (as this defendt is advised) to him this defendt whether he be or not And this defendt denyes all XXXXXXXXXXXXXcon//
//undue practice and Combinacon whatsoever in or by the sd Bill charged in anywise without that that any other matter or thing in the said Bill of comp:lt conteined matterriall or effectuall in the Law to be to be answered unto by him this//
//Defendt and not herein and hereby before by him sufficiently answered unto confessed & avoyded traversed or denyed is true Allw:ch this defendt is ready to averr and prove as this hon:ble Cort shall award out of w:ch he humbly prayeth to be
//Edw: Peck [Signature, bottom RH corner]
