MRP: C6/36/21 f. 1

C6/36/21 f. 1

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Abstract

George Cock and John Fenn exhibit a Bill of Complaint in Chancery against John Letten and Thomas Hobart (alias Hobard) (C6/36/21 f. 1). The suit concerns the alleged failure of Letten and Hobard to fulfill their contract as set out in the Charter Party for the shipp, the William. The bill of ladeing is contained in C6/36/21 f. 2. The charter party is contained in C6/36/21 f. 3. The answer of John Letten and Thomas Hobart (alias Hobbard) is contained in C6/36/21 f. 4

Letten and Hobart have themselves brought several actions against Cock in the Court of XXXX. Cock and Fenn have resorted to Chancery because of an anomaly in the Charter party, which meant that Letten himself had not signed the charter party, nor its covenants and articles, and had also not signed the ship's bill of ladeing. Cock and Fenn want Letten to accept that he and not just Hobart are potentially liable for the recovery of damages for the alleged breaches of the charter party. They therefore pray for a writ of subpoena to compell Letten and Hobart to answer their premisses before the Court of Chancery.

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Transcription

//Humbly complaining thereof unto yo:r Loppe yo:r dayly Orato:rs George Cock and John Fenn of the Citty of London Merchants that whereas yo:r Orato:rs & James Temple late of London aforesaid Merchant since deceased beinge entered into ptnershippe//

//together after a cargoe of Merchandizes & goods to bee sent to the coaste of Guyny in the yeare of our Lord God one thousand six hundred sixty seaven did hire & take to ffreight of one John Letten and Thomas Hobard of London Mchants for a voyage to y:e coast of Guyny//

//the good shipp called the William of London and thereupon a certaine Indenture of Charterparty bearinge date the first day of November in the said yeare of our Lord one thousand six hundred and sixty seaven was made betweene the said John Letten//

//and Thomas Hobart by the names of John Letten of London March:t partowner & Thomas Hobart Master of the good shipp or vessell named the William of London of the one parte & yo:r Orato:rs George Cock & the said James Temple of the other parte//

//whereby the said Thomas Hobard (sic) by and with the consent of the said Owner testified by his beinge party to the said Indenture did lett to ffreight the said shipp unto yo:r rato:r George Cock and the said James Temple for the terme of twelve months//

//certaine and for eighteene monthes att the Longest accountinge Kalendary monthes to commence from the said shippe falling downe to Gravesend in the sixth day of December then next ensueinge att and under the rate of one hundred & thirty//

//pounds of Lawfull money of England for A moneth for the said voyage to Guyny hee the said Thomas Hobard did thereby covenant with yo:r Orato:r George Cock & the said James Temple that y:e said shippe before her departure from Gravesend aforesaid should be//

//strong and substantiall, And well and sufficiently stored victualled ffitted and equipped with all Tackle Apparrell Provision ffurniture & Amuniccon Needfull and necessary for such a voyage, And yo:r Orato:r George Cock and the said James Temple did hereby//

//covenant to pay unto the said John Letten and Thomas Hobard for the ffreight and hire of the said shipp for the voyage after & accordinge to the Rate of the said one Hundred and thirty pounds by the moneth for every moneth and for all such time whatever//

//accountinge calendar moneths as shall bee elapsed and rune out att the tyme of the said shipp beinge discharged from the said voyage beinge discharged from her said voyage to bee accounted from the time of her enteringe into pay as aforesaid, And that the payment of y:e said ffreight should bee//

//to the said owners & master in manner followinge that is to say one hundred and thirty pounds beinge the money agreed to be paid for one Moneths ffreight should bee paid att the sealinge of the said Charter Party and the rest and the residue of the said ffreight after//

//the said shippe should bee returned to the sasid Port of London and should bee fully discharged of her Homeward bound ladinge one moyety thereof within ffoureteene dayes after the said shippes said Returne unto y:e Port of London and the residue thereof//

//within fforty dayes afterwards with two third parts of all Port Charges & Primage and Average accustomed And for the Performance of all the covenants & Agreem:ts in the said Charter Party on y:e?act of the said Master by the said Charter party he did//

//bynde himselfe and especially the said shippe the ffreight tackle & apparell of the same unto the said James Temple & George Cock their Executo:rs and Adm:rs in the summe of Three Thousand pounds And yo:r Orato:r George Cock and the said James Temple//

//ffor the pformance of the covenants payments and Agreem:ts on their parte to bee pformed did likewise by the said Charter party bind themselves their Executo:rs & Administrato:rs unto the said John Letten and Thomas Hobard (sic) in the like summe of three//

//thousand pounds as by the said Charter Party among other things therein contained whereunto for more certainty yo:r Orato:rs referre themselves more fully att Large may appeare And yo:r Orato:rs further shew that y:e said Charter Party was ??inntually sealed and//

//exicuted by the Partyes thereunto & yo:r Orato:rs George Cock or James Temple above named or one of them or to some other to their or one of their ord: direction att the time of the Sealinge and executinge of the said Charter Party or some short tyme before//

//or after did pay or cause to bee paid unto the said John Letten & Thomas Hobard or one of them or to some other by them or one of them or to some other to their or one of their uses the said summes of one Hundred and thirty Pounds of Lawfull money of England accordinge to the clause//

//and Agreement on the said Charter Party to that purpose And thereupon yo:r Orato:rs and the said James Temple did provide a cargoe of severall sorts of goods XXXX for a trade to Guiny consistinge amongst other things of severall Bales or//

//Cases of worsted or woolen and Linnen manufactories of the value of about six thousand pounds ?prime cost And the same did lade and putt on board the said shipp in vey good order and well conditioned, And the said//

//Thomas Hobard did receive and take charge thereof and severall Bills of Ladings thereof was made and purported that y:e said Thomas Hobard had Recd on Board the said shipp the said Goodes wares and Merchandizes, upon the Acc:t//

//for the use of yo:r Orato:rs Cock John ffenn and the said James Temple to one of which bearinge date the three and twentieth day of December in the yeare of our Lord one Thousand Six Hundred sixty and seaven the said Thomas Hubbard//

//did subscribe his name a true copye whereof yo:r Orato:r have caused to bee fixed and anexed to this their Bill and doe Humbly pray yo:r Lo:rpps the same may bee taken and reputed as parte of this their Bill of complaint And yo:r Orato:rs further shewe//

//unto yo:r Lo:ppe that the said shipp beinge laden as aforesaid upon the acco:t of yo:r Orato:rs and the said James Temple on or about y:e time in the said Charter party limited and appointed did sett sayle ffor y.e said Intended voyage But the XXXX XXXX XXXX//

//?parts of y.e said shipp and also severall other Timbers plancks and parts of the said shipp was very weake infirme leaky & very unfitt for such a voyage and the same shipp was not strong & XXXXXXXX nor substantiently (sic) fitted and equipped for that voyage soe that by//

//meanes and Reason of y:e Leakeness weakness and unfittness of severall parts of the said shippe great Quantityes of water came in & leaked into y:e said shipp through the sides and upper worke and other parts of the said shippe whereby great//

//Quantities of the goods wares and Marchandizes so laden on board the said shippe by yo:r Orato:rs and the said James Temple were wett spoyled and Rotten or otherwise so impayred That yo:r Orato:rs and the said James Temple were dampnified by//

//Reason thereof And the said Goods wares & Merchandizes impared & made worse of the first cost ?or att the least twelve Hundred pounds whereby yo:r Orato.r and the said James Temple did likewise Loose y:e Benefitt profitt and Advantage which they//

//might have made by sale or exchange of y:e said Goods in case they had come safe & well conditioned to y:e Markett & Places whether they were consigned which att the rates and prices that other goods of yo:r Orato:rs of the same sort & condicon which//

//went in the same shipp & happened to arrive safe and without damage doth amount to at least one thousand pounds all which said Damages & Losses so sustained by default & defect & Insufficiencies of the said shippe as aforesaid sought in all equitie and//

//Justice to bee made good & satisfied to yo:r Orato:rs who are now only concerned as survivors (y:e said James Temple beinge dead as aforesaid & his Interest ?succeeding to ?them) by y:e said John Letten XXXXXXXXXXXXX//

//tackle ffurniture Apparell and ffraight accordinge to y:e said charter party But now soe it is may it please yo:r Lopp that although y:or said

//same to ffreight to yo:r Orato:rs George Cock and James Temple yet hee the said John Letten hath not bound himselfe by any covenant th

//onely bindinge himselfe and the said ffreight & shipp ffurniture Tackle & Apparrell for the pformance thereof as aforesaid, which as yo: Orato:r doeth

//to bee given to y:e scrivener or person that p:rpares the said Charter party to draw the said Charter party to that purpose or else y.e same

//Orato:rs y:e rather beleiveth for that as the said Charterparty is drawn yo:r Orato:rs George Cock & James Temple were Joyntly bound to

//therefore as yo:r orato:rs are informed and advised if the said Charter party had beene fairly and equally drawne y:e said John Letten should

//well and equally with y.e said Thomas Hobard & although yo:r Orato:rs or one of them or the said James Temple in his life tyme or some other

//to one thousand pounds or thereabouts or some other great and considerable summes of money towards dischargeing of y:e said ffraight

//Hubard by reason of the XXXXX ness of the said shipp aforesaid yet they the said John Letten and Thomas Hobard combining

//unladen of her goods homeward bound) have caused yo:r Orato:r George Cock to bee arrested upon y:e said Charter party & have declared the

//said shipp for twenty monthes amountinge in the whole to two thousand foure hundred and seaventy pounds and doe Intend

//said Thomas Hubard who is the onely party bound to yo:r Orato:r in the said Charter Party hath withdrawn himselfe and the said shipp into

//the said Charterptye or bill of Ladeing and allthough your Orators upon any Accon to be brought upon the said Charter party or bill of ladeing

//and not able to satisfie their Dampnifiaconn soe that your Orators are in great danger of looseing all their said Dampnifiaconns

//great part thereof was paid in private and by persons remote so that your Orators cannot have them testifie at the Tryall upon the said accon

//mittigaton of Damages thereupon any of the Damages so susteyned by Defect of the said shipp and breach of Charter party as aforesaid nor can bring a

//John Letten hath not bound himselfe by any of the said covenants withe said Charterpty nor signed the said bills of ladeinge, but yet in Equity hee the said John Letten who XXXX by presented the said Accon against your Orator Geo: Cock in his owne and in ther name of the said//

//?hobard ought not to proceed there upon unless he will agree to stand in the place and stead of the said Tho: Hobard and that the said shipp and furniture and the said freight maybe lyeable to Answer such Damages as yo:r Orators shall recover upon any accon to be brought upon ?& bill of ladeing//

//in regard XXXXXXXX the demands which the said John Letten hath against your Orator Geo: Cock doe arise & ?growe from the said Charterpty and therefore in good Conscience the same ought also to be lyeable to your Orators satisfaccon for ther Damages susteyned by the breach

//thereof on the part of the said Thomas Hobard and the said Confederates ought to sett forth what monyes have been paid for or towards the freight of the said shipp to the said John Letten or the said Thomas Hobard or any other to their use or by their or either of//

//their orders to the end the same may be ?discounted out of the money due for the said ffreight To the end therefore the said confederates may discover the truth of all and singular the p:rmisses and that the Accn brought in the name of the said John//

//Letten & Thomas Hobard may bee ffXXX by the ??Inccon of this Court unlesse the said John Letten will undertake to satisfie your Orators such damages as they shall recover ag:t the said Thomas Hobard upon any accon to be brought ag:t the said Hobard by your Orators either upon the said Charteroty or bill of Ladeinge and unless the said John Letten will//

//forthwith undertake the defence of such accons so that your Orators may goe to trayall upon their severall accons and ?bear forward there in as the said Letten and Hobard are in their accon ag:t your Orator Geo: Cock and that your Orators may be releived in all &//

//every p:rmisses according to Equity and good conscience May itt please yo:r Lopp to grannt unto yo:r Orato:r his Ma:ties most gratious Writt of suppa to bee directed to the said John Letten and Thomas Hobart comanding them and either of them

//at A certaine day & under A certaine payne thereon to bee lymitted psonally to bee & appeare before yo:r Lordpp in this high & hono:ble Court of Chancery then & there upon their corporall oathes true Answer to make to all & singular the//

//p:rmisses and further to stand to & abide such further order & direccon herein as to yo:r Lordpp shall seeme meete And yo:r Orato:r as is duty bound shall dayly pray xr:/

//Xaker [Signature, bottom LH corner]//

//Charles Porter [Signature, bottom RH corner]

//

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Commentary

See C6/36/21 f. 2
See C6/36/21 f. 3
See C6/36/21 f. 4

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Notes

Senate House Library, University of London: GB 0096 MS 792: Hearth tax: indenture of revenues: 1667: 4 leaves
- Indenture, dated 17 Oct 1667, between(1) Sir Robert Vyner Bt., Alderman of the City of London, (2) Sir Allen Broderick Bt., of Wandlesworth, Surrey, (3) Sir Richard Pigott Kt., (4) Perient Trott, (5) Humphey Beane, (6) James Hoare, (7) John Rives (or Ryves), (8) John Bence, (9) George Cock, merchant, and (10) James Temple, (3-10) being 'of London'. The indenture settles their respective shares, profits, accounts and liability in the farm of the hearth tax revenues. The terms of an indenture of 30 Mar 1666 whereby Pigott, Trott and Beane paid £250,000 to the King for a grant of the annual rates of revenues from from 'fyer hearth and stoves' in England, Wales, and Berwick on Tweed, for 7 years; in Oct 1667 Vyner paid the £250,000 due to the crown, while Pigott, Trott and Beane lent their names to the transaction. Signed and sealed by the parties. Endorsed: 'Indenture...wherein Perient Trot...advanced 20,000 l.'

"By October, 1667, however, Vyner's partners had sufficiently recovered actually to invest in the Farm, and Sir Allen Broderick, Alderman John Bence, George Cock, goldsmith-banker, and James Temple, Vyner's "chief man," took shares, although Vyner continued to control the Farm with an investment of two-fifths:..."
- CSG: It is not clear to me that the author above has correctly identified George Cock as a "goldsmith-banker"

"November 5th, 1668: And by and by, when the Duke of York and we had done, and Wren brought into the closet Captain Cox and James Temple About business of the Guiney Company, and talking something of the Duke of Buckingham's concernment therein, and says the Duke of York, "I will give the Devil his due, as they say the Duke of Buckingham hath paid in his money to the Company," or something of that kind, wherein he would do right to him."

"1672: Sept. 27. Westminster: 934. Charter of Incorporation of the New Royal African Company. Whereas all the regions called Guinea, Binny, Angola and South Barbary in Africa, and the sole trade thereof...Sir John Banks, Sir Thos. Blodworth,...John Bence, ...John Buckworth...Man Browne,...Sir Wm. Coventry, ...Sir Nicholas Crispe,...Sir Robert Clayton, Mrs. Dorothy Colvill, Capt. George Cock, Benjamin Coles,...Benjamin Cole and John Cooke, Sir Jonathan Dawes, George Dashwood, Esq., Aldn. Francis Dashwood, Wm. Dashwood, Saml. Dashwood, ...Sir Richard Ford, ...John Fenn,...Moses Goodyer, ...James Hoare senr.,...Wm. Hodges,...Sir Andrew King, ...Sir John Lowther, Christopher Lowther, ...John Letten, Jacob Lucy,...Chas. Modyford, Richard Middleton, ...John Morrice, Thomas Murthwaite, Samuel Moyer, ...Benjamin Newland, ...Chas. Porter, Thos. Povey, John Portman, Peter Proby, Daniel Pennington ...Sir John Robinson, Dame Priscilla Rider, Tobias Rustal,...Thos. Rider, Wm. Rider, ...Sir John Shaw, ...Benjamin Skutt, Joseph Skutt,...Saml. Sambrooke,...John Skepper, ...George Toriano,...Sir Robert Vyner, ...Thos. Winter, Edward Willoughby, ...Arnold White, ...Thos. Westerne, ...John Young, ..."

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Possible primary sources

PROB 11/330 Coke 57-107 Will of James Temple, Goldsmith of London 14 July 1669

PROB 11/331 Coke 108-166 Will of Henry Temple, Merchant of Saint Botolph without Bishopsgate, City of London 16 December 1669