MRP: C 6/151Pt2/28 f. 2

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C 6/151Pt2/28 f. 2

Editorial history

20/10/11, CSG: Created page






Abstract & context


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See C 6/151Pt2/28 f. 1
See C 6/151Pt2/28 f. 3



Transcription


//The severall Answers of Richard Hutchinson Esq:r Treasurer of the Navy, one of the Defend:ts to the Bill of Complaint//
//of James Mondiford, Robert Dawes, Jonathan Dawes, William Rider, John Portman, Phillipp ?Scarth, John Robinson//
//Isaac Taylor, and Paul Priaulx Comp:lts//


//The said Defend:t saveing to himselfe nowe and at all times hereafter the advantage of excepcon to the incertainties and insufficiencies of the said Bill of Complaint, for answeare//

//thereunto, and to soe much thereof as any way concerneth this defend:t to answeare unto saith, That true it is that hee this defend:t is, and for divers yeares last past, and even from//

//the first of January One Thousand six hundred and ffiftie unto this time, and still is, Treasurer of the Navy of this Commonwealth, and by vertue of his said Office hath usually//

//?received in such moneys as by vertue thereof were paid unto him and iisued and paid such moneys out of the said Treasury of the Navy, as were in his hands, and ought to be paid by//

//him by Orders and Warrants directed to him as Treasurer aforesaid to such persons as by the said Warrants were ordered; And more particularly saith That hee//

//haveing received warrants from the Comissioners of the Navy soe to doe, hath heretofore at severall times issued out and paidseverall sumes of money amounting in the whole to the//

//sume of ffive Thousand nine hundred and six pounds Eighteene shillings and one penney being for freight victualls and wages of the Shipp Thomas and William whereof//C

//Captaine John Jefferson was Comander, which hee beleiveth to be the same Shipp Thomas and William in the Bill mencconed; But saith that since the payment//

//thereof, hee this Defend:t, hath passed his Accompte before Bartholomew Beale, and Abraham Barrnington Esq:rs Auditors of the Imprest, and the same have beene//

//duly allowed and hee discharged thereof; And according to the usuall Custome in these Cases hee ???delivered upp to the said Audito:rs the Orders and acquittances touching the matters//

//in the Bill charged upon this Defendant for ??vouching and makeing good of the payments thereof (vizt) of soe much as hee paid upon the said Shipp Thomas and Williams//

//Accompts; And believeth that entries thereof remaine with the said Audito:rs, And that the Comp:lts may (if they will search with the said Auditors and ?be at the charge)//

//be satisfied touching what hath beene paid by this Defend:t, and to whome, and when, and upon what Orders touching the said Shipp, and touching and of the matters charged; But//

//this Defeend:t haveing soe passed his Accompt and delivered upp his said Vouchers, is not to keepe and ?Bookes of the particular Receipts Nor doe they remaine with//

//him; And this Defend:t utterly denyeth all practize and Combinacon w:th all or any the defend:ts or others in the Bill mennconed touching any of the matters in//

//the Bill Charged, or named, And saith, that saveing for what hee ?acted and paid, and did as Treasurer of the Navy (wherein hee did deale iustly) by vertue of his said Office//

//and in noe other wise, hee is noe wayes interested or ?concerned in any of the matters or charges set forth in the said Bill, Nor is any way concerned to make any//

//further answeare thereto, And humbly prayeth this hono:rble Courte to consider of the vexacons put upon the defend:t by this ?causeth XXXX for ?doing nothing but//

//faithfully discharging the duties of his Publique Office, and to consider that it would much ??distract the Publique affaires of this Commonwealth if their//

//XXXXturers and Officers, should be taken ofXX from ?acting in their severall pla?ces to answeare to Bills of this frivolis nature as this Bill is, for soe much as//

//concerneth this defend:t hee utterly denying that hee this defend:t (saveing what concerned him in his Publique Office as Treasurer aforesaid) ever//

//received or is to receive any advantage or profitt, by any of the matters in the Bill charged; And this defend:t doth traverse and say, Without that, that//

//any other matter pte cause or thing in the Complainants Bill of Complaint conteyned, materiall or effectuall in the Law for this defend:t, to answeare unto, and//

//not herein before sufficiently answered, confessed, or avoyded, traversed or denyed is true to the knowledge of this defend:t, All which matters and things this//

//defend:t is ready to averr mainteyne and prove, as this Honorable Court shall award; And humbly prayeth to be dismissed out of the same, with his reasonable Costs//

//and Charges in this behalfe wrongfully and without cause susteyned//

//?Mo: Keeling [Signature, bottom RH side]




Notes




Possible sources


PROB 11/293 Pell 350-399 Will of Phillip Scarth, Merchant Tailor of London 03 June 1659