MRP: C6/36/21 f. 4 - Revision history

Francescagreenstreet at 15:26, January 9, 2012

2012-01-09T15:26:59Z

ColinGreenstreet at 14:33, November 28, 2011

2011-11-28T14:33:11Z

ColinGreenstreet at 14:30, November 28, 2011

2011-11-28T14:30:57Z

ColinGreenstreet at 09:25, November 14, 2011

2011-11-14T09:25:48Z

ColinGreenstreet at 09:25, November 14, 2011

2011-11-14T09:25:21Z

ColinGreenstreet at 23:16, November 13, 2011

2011-11-13T23:16:27Z

ColinGreenstreet at 23:06, November 13, 2011

2011-11-13T23:06:22Z

ColinGreenstreet at 22:54, November 13, 2011

2011-11-13T22:54:01Z

ColinGreenstreet at 21:58, November 13, 2011

2011-11-13T21:58:05Z

ColinGreenstreet at 21:24, November 13, 2011

2011-11-13T21:24:19Z

@@ Line 1: / Line 1: @@
-==C6/36/21 f. 4==
+'''C6/36/21 f. 4'''
 '''Editorial history'''
-XX/XX/XX, CSG: Created page
+/11/11, CSG: Created page
 XX/XX/XX, CSG: Transcription completed
 '''NEED TO REIMAGE THE TOP LH PORTION OF THIS DOCUMENT, SINCE IT IS ILLEGIBLE IN CURRENT DIGITAL COPY'''
 ----
-===Abstract===
+__TOC__
 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 [[MRP: C6/36/21 f. 1|C6/36/21 f. 1]].
@@ Line 21: / Line 32: @@
 ----
-===Transcription===
+==Transcription==
 //DATE XXXXX//
@@ Line 134: / Line 145: @@
 //Edw: Peck [Signature, bottom RH corner]
 ----

@@ Line 14: / Line 14: @@
 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 ([[MRP: C6/36/21 f. 1|C6/36/21 f. 1]]).
+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 ([[MRP: C6/36/21 f. 1|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.

← Older revision		Revision as of 14:30, November 28, 2011
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	==C6/36/21 f. 4==		==C6/36/21 f. 4==
		+
		+	'''Editorial history'''
		+
		+	XX/XX/XX, CSG: Created page
		+	XX/XX/XX, CSG: Transcription completed

	'''NEED TO REIMAGE THE TOP LH PORTION OF THIS DOCUMENT, SINCE IT IS ILLEGIBLE IN CURRENT DIGITAL COPY'''		'''NEED TO REIMAGE THE TOP LH PORTION OF THIS DOCUMENT, SINCE IT IS ILLEGIBLE IN CURRENT DIGITAL COPY'''

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 ==C6/36/21 f. 4==
-''NEED TO REIMAGE THE TOP LH PORTION OF THIS DOCUMENT, SINCE IT IS ILLEGIBLE IN CURRENT DIGITAL COPY'''
+'''NEED TO REIMAGE THE TOP LH PORTION OF THIS DOCUMENT, SINCE IT IS ILLEGIBLE IN CURRENT DIGITAL COPY'''
 ----
 ===Abstract===

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 ==C6/36/21 f. 4==
 ----
 ===Abstract===
-John Letten, one of the part owners of the ''William'' replied to a Bill of Complaint exhibited by George Cock and John ffenn in ?1667.  C6/36/21 f. 4 is the reply to [[MRP: C6/36/21 f. 1|C6/36/21 f. 1]])
+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 [[MRP: C6/36/21 f. 1|C6/36/21 f. 1]].
 ----
 ===Transcription===
 //The Severall Answer of John Letten one of the defendants to the  Bill of Complaint of George Cock//
@@ Line 12: / Line 25: @@
 //
 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//
@@ Line 42: / Line 63: @@
 .................
 //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 thid Defend:t soth 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//
+//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//
@@ Line 73: / Line 102: @@
 //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 aswell 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//
+//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 allalong in the sd Voyage were examined in the matters in questionon both sides and their exXXXXXX published in Order to the//
+//Edw: Peck [Signature, bottom RH corner]

← Older revision		Revision as of 23:16, November 13, 2011
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	//and sewall of the Marriners that went in the sd Voyage in question there were sewall ?Orders upon the XXXX aswell 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//		//and sewall of the Marriners that went in the sd Voyage in question there were sewall ?Orders upon the XXXX aswell 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 allalong in the sd Voyage were examined in the matters in questionon both sides and their exXXXXXX published in Order to the//

← Older revision		Revision as of 23:06, November 13, 2011
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	//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//		//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	+	//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 aswell 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//
		+
		+	//

← Older revision		Revision as of 22:54, November 13, 2011
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	//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//		//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	+	//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
		+
		+

← Older revision		Revision as of 21:58, November 13, 2011
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	//June One thousand sixe hundred & nine But thid Defend:t soth 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//		//June One thousand sixe hundred & nine But thid Defend:t soth 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 pn the behalfe	+	//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

← Older revision		Revision as of 21:24, November 13, 2011
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	and doubt not but to prove shall bee were not and if the said Complt or the said Temple		and doubt not but to prove shall bee were not and if the said Complt or the said Temple

		+	.................

		+	//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 thid Defend:t soth 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 pn the behalfe