MRP: C6/36/21 f. 4
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 C6/36/21 f. 1)
Transcription
//The Severall Answer of John Letten one of the defendants to the Bill of Complaint of George Cock//
//and John ffenn Complaints//
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Incertaintyes and other Imperfeconns in the sd Bill conteyned for Answer thereunto saith he knoweth not whether the Complt George Cock and//
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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//
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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//
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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//
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desires may be taken as parte of this defendts Answer//
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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//
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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//
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fraud ??innumeration undue practice contrivance or combynacon whatsoever of this defendt or any other to his this defendts knowledge or beleife. And this//
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party but beleiveth that the Complt Cock and the sd Complt ppared or raised to be Shipped for the said Voyage a cargoe of Goods but what the particular//
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and doubt not but to prove shall bee were not and if the said Complt or the said Temple
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//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 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 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
Commentary
See C6/36/21 f. 1
See C6/36/21 f. 2
See C6/36/21 f. 3
