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Failure, Fraud and the Law


Failure of a merchant at Genoa or Legorne

"at Genoa this rendent tooke in some pte of her lading & was to goe to Legorne to take in y:e remainder, & at his arrivall at Legorne the merchant who freaighted this rendents ship failed so that this rendents designe was overthrown"

TNA, HCA 13/129: Personal answers of Thomas Ewens: Allegation: Humfrey ffosse, John Tucker & Charles Howgate: Date: 2nd June 1659


Bankruptcy of a merchant not known for some time

"4 Itmm interr. Whether before the shippe Stockholme came from Stockholme, and before the Iron in controversie was Laden aboard, was itt nott commonly and generally reported that the said Godfrey Deleau was bankrupt or failed in his estate and in what moneth did the said wittnesse first heare that the said Deleau was failed. Et fiat ut supra."

TNA, HCA 23/19: Document Number: 237: Case: The Stockholme: Date: ?mid-1663


False bills of sale to manipulate ownership of goods following a merchant's failure

"Hee doth beleive the said de Silvera not knowing the said ffrancis Pardini was failed did send the bill of lading unto him as he beleiveth but hee doth not beleive the said John Thacker did really buy the said wood of the said M:r Pardini or pay him any thing for the same, neither doth hee beleive that the said M:r Pardini or any other merchant that is failed hath a legall power to make any sale of any goods that come to him during the time they absent and are not able to pay their debts, but hee doth beleive the said M:r Thacker being imployed by y:e said M:r Pardini as his sollicitor to make his composicon with his creditors hee & the said M:r Pardini did contrive together to gett the said goods into their hands if possibly they could and in order thereunto he beleiveth the said M:r Pardini did colourably, and fraudulently signe the bill of sale or schedule alleadged and deliver the same for his XXX as hee beleeveth... To the sixth hee answeareth that hee doth beleive that the said M:r Pardini did in further prosequucon of the said fraudulent contrivance betweene him and the said M:r Thacker his sollicitor endorse the bill of ladeing as is alleadged but hee being soe failed & absented hee doth beleive the same is utterly voyd and of noe effect."

TNA, HCA 13/129: Personal answers of Augustine Coronell: Allegation: John Thacker: Date: June 23rd 1659 [Answer given June 1659, referring to events in 1649]


Failure of a merchant leading to forced sale of a ship to pay mariners' wages

"the said Antonio van Voozt then told this Depo;t that if hee did not dept from thence with the said ship without further trading There, hee would forthwith force this depo:t and y:e sd Ship and Company thereof to Dept thence; or to that effect, All w:ch words and XXXions passed betweene this Depo:t & y:e sd Van Voozt on board On board the sd Turtle Dove in the Molaine and English Language but w:ch Languages the said Van Voozt, and alsoe this Depo:t well spake & understood and saith that one Kaleb ?Kime Mate of the Bantam heard some of the said words"

TNA, HCA 13/73 Part Two: Case: S:r John Dethick Knight, Edward Bolle, John Bancks Richard ffoord, Edward Mico, William ?Pretman and Company, concerning the Bantam ffrigott: Deposition: 4. Thomas Newman, of Mile End, Stepney, Merchant, late Supra cargo of the Bantam ffrigott, aged 43: Date: Aprill 16th 1658


Composition with creditors

"y:e arlate ffrancis Pardini is (as this Depo:t hath heard) failed) in Estate, and y:e arlate John Thacker (as this Depo:t hath also heard) is Employed to make y:e said Pardinies Composicon with his Credito:es"

TNA, HCA 13/73: Case: Mayflower vs. XXXX: Deposition: 2. John Stannian, of the City of London; Gentleman, aged 26: Date: September 23rd 1659