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Capteyne Thomas King plaintiff<br /> … Capteyne Thomas King plaintiff<br />
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<br />
of the Admirall of the narrow seas, and at his returne meeting with Mr Slany the defendante, who<br />
had understood the Plaintiff had brought the said shipp, the said defendant was desirous to buy a halfe<br />
part thereof of the plaintiff, promising that shee should not want ymployment, ffor that hee being<br />
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<br />
for the said defendante for the said halfe part, was not sufficient to furnish the said shipp to sea<br />
in fitting manner, And as for ordnance, at that time there were none to bee bought for<br />
mony, by reason of the warres then newly begunne, the Newcastle men having bought<br />
all the small ordnance, But the defendant Slany being desirous to have some ordnance in her<br />
did borrow two small peeces out of the ''John and Humfry'', and two out of another<br />
shipp./
The first voiage, shee proceeded to these Islands according to the Charter party, and came<br />
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 <br />
narrow seas could not come to London, sodainly, but the defendante wrott unto him, that the said<br />
shipp the ''Anne'' was come home, and that hee was proffered a fraight to the same place<br />
againe, unto which the plaintiff returned answere, That hee the defendante, having all the<br />
fraight in his hands, would cause her to bee made ready, for that hee the plaintiff did not<br />
dislike of the voiage, and that the Plaintiff would bee with him the defendant before shee could<br />
bee made ready. which he was acccordingly, But the setting forth of the second voiadge<br />
and part of the first, cost the plaintiff threescore and tenne pounds besides the halfe of the<br />
Shippe, So as the said defendante hath had the said Shipp for nothing, and also the<br />
adventure of the two voiages, the plaintiff having hither received no part thereof, but<br />
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<br />
this voiage, but the fedendante would have her goe upon the former Chrter Partie, unto which<br />
the plainfiffe would not consent, whereupon another was drawne, But the Shipp was gone<br />
as low as Blackwell, before the plaintiff telling the defendante hee would stay the shipp if hee did<br />
not seale., After which the plaintiff went home about his business, and had no conference<br />
with the Master nor Scrivener, nor had spoken with the Master a moneth before., which<br />
plainly showes, The plaintiff had no private Contract, other then appeares by the<br />
Charter partie.
And to that which the sefendante saith, that the said shipp should goe for a man of warre<br />
and that hee would take out a letter of Marte, this plaintiff doth deny, ffor that hee the<br />
plaintiff should have bene as ready as the defendante to have borne his part of the letter of<br />
Mart, which could not have bene much, And in these last warres, the plaintiff ventured<br />
much, and went himselfe Capteyne in his owne shipp, which showes hee would not<br />
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<br />
But since this prize was taken it is given out that the ''playne John'' had one, and<br />
hee had put the said ''Anne'' (unknowne to the plaintiff) into the said Letter of Marte, to<br />
bee her Pynnace, and the defendante was at no charge thereof; which cannot bee a cause<br />
to deprive the plaintiff of the benefitt of that which the shipp was adventured for<br />
ffor that the defendant Slany might take out a letter of mart privily, and keepe it<br />
in his Chest at home, and his parter the plaintiff not know of it, and give order to the<br />
Master in private to doe what hee the defendant pleased, ffor the Master was of his the<br />
defendants owne shipping, and allwaies went in his goods, So that his partner the plaintiff<br />
might have no knowledge of it./t;br />
might have no knowledge of it./ +
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