Difference between revisions of "MRP: C10/160/41 f. 2"

Revision as of 01:01, November 12, 2011

C10/160/41 f. 2

Abstract

Transcription

//The Answeare Of David Hamilton of Limehouse in the County of Middx Marriner//
//defendant to the Bill of Complaint of Daniell Gates Complaynant//

//This Defendant savinge

//about the tyme in th bill

//was such an Indenture

//be of the content of

//contract and charter party

//hande and seale

//that the said

//and twentieth day

//defendant

//the eight and twentieth day

//voyage was not putt on board

//defendant

//Thousand six hundred sixty and eight

//untill he should have further

//Thousand six hundred sixty and eight

//or att any time

//received divers direccons

//by not proceeding

//this defendant saith

//Tarr but saith

//this defendant is informed

//lost by not carryinge

//when she went out as

//during all the time that the shipp stayed in the said river of Thames

//that this they beinge

//as he declared

//One hundred and sixty Tunns and therefore not capable of makinge such a voyage by the Lawes of this Kingdome noe shipps being thereby permitted to make such a voyage unless they could be made appeare to be of the burthen of twoe hundred Tunnes)//

//thereupon by the complayn:ts direccon Ballast by weight was putt into the said shipp to prove the cXXXXX of her and the said ballast was heaved out againe she being to carry none in the said voyage he intending to putt in other goods all w:ch was done on the said//

//complayn:ts account and yett the owners of the shipp at his request did voluntarily beare the charge of the putting in and takinge out the said ballast beinge about Two and Twenty pounds and which the com:lt in justice ought to have paid and this//

//defend:t saith and doth averr that he did proceed in the said voyage with as much diligence and speed as he ought and could according to such instruccons and direcconns as he had from the said compl:lt and this defend:t saith it is very true that he did goe with the said shipp into Malaga road and beleives it was//

//be true that the wind well enough served him to goe on his intended voyage but saith that the said shipp being freighted with comodities and beinge a ?rich shipp he the defendant had order from the said complayn:t to stay two or three dayes at Tangier to informe himselfe whether there were warres//

//with Algeers or not and to gett a convoy there which this Defend:t endeavoured to doe but the weather being bad and fowle by reason of a storme of winds att North west this def:t durst not goe into Tangier but afterwards went into Malaga road to gaine some advice whither we had warres with Algeers//

//as this defend:t was informed ??as then had and this defendant went on shoare for that purpose intending to have sayled in lesse than eight hours but being becalmed was forced to stay neere twoe & twenty houres in the whole in the said port but departed from ?thence ?with in that tyme and//

//did not merchandize there att all otherwise than that he sold or gave away one or twoe barrells of beere there of his owne proper goods And this defendant saith it is true that he received orders from the complayn:t not to touch in any port in his returne homewards unlesse he should//

//be thereunto necessitated but saith that in his returne homewards off of Calry upon the Island of Sardinia mett with S:r Edward Spra?gin whoe then informed this defend:t that we had warre with Algiers and that they had shipps about ffourteene or ffifteene sayle and told ?this defend:t/

//that it was scarce possible for him to escape them but promissed this defendant a convoy And this defend:t thereupon for p:rsewacon of the said shipp and goods and merchandizes therein did as he conceived & was advised that by his orders from the comp:lt he ought to doe in such case goe into the//

//port of ?Mahowns in the bill mentoned and there staye twoe or three dayes and not longer but denyes that he spent any tyme there in or about his owne affaires or pleasure but what this def:t did therein was for the comp:lts advantage this defend:t being compelled by such ?extremity as aforesaid//

//for the p:rservaton of the said goods & merchandizes soe to doe there beinge severall English shippes as this defend:t was advised taken in or about those seas by the Algeruies for want of a convoy about that tyme that the defend:t in the said port of Mahowns & this defend:t haveinge//

//gotten a convoy there was ?forced for the company of the said convoy to goe into Alicant & Malaga when the said convoy did take upp another merchant shipps to convoy them and this defend:t did not goe in any other ports on the voyage homewards to his remembrance nor did he goe//

//unto or stay in any of the said ports on any other occasion than is herein mentonned And this defendant saith that he doth not beleive that his goeing into or stayinge in any of the said ports was any prejudice or ?loss XX the said complyanant but but beleives that it was for ?his//

//Advantage and this defendant did come with his said shipp to London in or about the moneth of December One Thousand six hundred sixty nine and this defendant denyes that he ever refused to give to the complaynt a just XXXXXaccount of such moneys as he received on the comp:lts//

//account for freight or of the compl:ts goods sold by this defendant att any place or places or any other of his goods received by this defendant or of any moneys received by this defendant or allowed to him on the complayn:ts account ?but saith that hath given to the comp:lt true accounts//

//thereof but for this compl:ts further satisfaccon (if att least any thinge in reason will sattisfy him) he this defend:t hath annexed a full and true account thereof in the schedule hereunto and XXX which he prayes may be received as parte of his this defend:ts Answeare And this defendant denyeth//

//that he requires and insisteth to have the sd complayn:t to allowe him severall or any matters or things which ought not to be charged to the said comp:lt or allowed by him and he saith that all allowances that he this defendant demands of the comp:lt are comprized within the intent of the//

//said charter party or in the comp:lts orders as this defendant is advised though possibly they may be not menconndd therein in expresse termes And this defendant denyeth that he ever agreed or that this comp:lt to this defendants knowledge ever declared that this comp:lt should not be att any//

//charges or expence whatsoever for any matter or things whatsoever otherwise than is menconned and expressed in the said charter party as by the bill is frivolously suggested And this defendant denyeth that he this defendant doth insist to have to comp:lt to make him allowance of any

//money save what he justly ought to allowe to him or that he chargeth or demandeth of the comp:lt any greater or other summe or summes of moneys than the said comp:lt oweth to this defendant justly upon the said account nd this defendant saith that there is justly due to him this XXXX//

//from the said comp:lt for freight of the said shipp and this defend:ts wages as Master of the said shipp the summe of Two hundred ffifty ffowre Poundes nineteene shillinges & fowre pence and for the comp:lts further satisfaccon this defendant hath in the said annexed schedule comprized and XXXXted//

//true account of the said freight and wages and of all moneys due to this defendant for port charges and charges in negotiatinge the complayn:ts affaires and of the whole charges of the whole voyage betweene the comp:lt and this defendant which account this defendant averrs to be true just//

//and perfect and prayes that the same may be accepted as parte of this defendants Answeare and this defendant denyes that the complayn:t hath susteyned any damage by any breach or breaches or non performance of any contract or Agreement comprized in the said charter party w.ch//

//on this defendants behalfe or by him ought to have beene performed or that this defendant is any wayes indebted to the comp:lt in any summe or summes of money whatsoever but saith that the said complayn:t is indebted to this defendant for freight of the said shipp in the summe of Two//

//hundred poundes for which this defendant hath brought his accon against the said comp:lt in the Court of Kings Bench att Westminster upon the said charter party and the said complayn:t is likewise indebted to this defendant in the summe of ffifty ffower poundes XXXXXXX ?Nineteene//

Commentary

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