The following is a transcript of a reply to a Bill of Complaint in the Court of Chancery in 1719.
C 11/252/23 National Archives File
Bill of Complaint ….
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May 1719
The several answer of Thomas GROVE Mariner Defendant to the Bill of Complaint of John CLEMS, John CATCHPOOLE, Samuel DEBNAM, Nicholas PHILIPS, Philip TURNER, Richard HORNER, John DRIVER, Wm WOOLEY, Wm MEWES, William CLAPCOTT, John ALTHROUP, Edward JACKSON Merchant, Francis MIDDLETON, John JAX, Merchant, John GODFREY Merchant, and John SWADDLE Complainants.
This defendant now and at all times hereafter saving and reserving to himself all and all manner of benefit and advantage of exception to the manifold errors ? and answering as the Complaint’s said Bill of Complaint contained for answer thereunto or ? be much thereof as the defendant is advised materially counselled him this defendant to us ? //
Defendant answereth ? that he admits and believes it to be true that the said Bill of Complaint were about April One Thousand Seven Hundred and Thirteen ? respectively to such parts and shares of the ship called CATCHPOOLE as the Bill for the purpose sets forth. And this defendant believes that Nathaniel Bateman the Complaint in the said Bill of Complaint ? //
Defendant about 12 months afterwards purchased and was entitled to two and thirteenth part of the same ship. And this defendant about April (One thousand Seven Hundred and Thirteen purchased and was to one sixteen part of the said ship. But this this Defendant saith and believes that the Complaint and this Defendant or part [owner] //
Other Defendant Bateman were all part owners of the said ? This defendant hath heard and believes that John CROSS of Ipswich in the County of Suffolk Upholder was at the same time owner of one two and thirteen part of the said ship. And John FORT of the same place Mariner was also at the time of One sixty Four ? //
Of the same ship. And this defendant doth admit to be true that Richard BROWN in the Bill named was by the Complaint and the rest of the part owners of the said ship about the time in the Bill for that purposed mention, made Master or Commander of the said ship and that he so contained some time about the month of September //
One thousand seven hundred and Sixteen (1716) . And this Defendant doth also believes it to be true as the Bill for that purpose sets forth that after the death of Richard BROWN, Sarah BROWN his widow and Relict might take out Administration to him and possess herself of the estate and ? but what the ? //
Accounted unto or whether the same were sufficient for the payment of his debits this Defendant knoweth not nor can set forth. And this Defendant doth admit and believe it to be true that when the Complainant and the other part owners made the said Richard BROWN Master of the said ship they put into his hands one hundred and [forty?] //
Pounds as a stock to purchase coals at Newcastle aforesaid and that he was to give them an account thereof and of the profits and produce of the same and of the freight profits and earnings of the said Ship. And this defendant saith that the said Richard BROWN did in such voyages traffic with the said stock and ? //
Made six voyages to the best of this Defendant’s remembrance thereof from Newcastle aforesaid and from there to London and seven voyages to Norway and back again. And this defendant doth also believe it to be true that the said Richard BROWN did such voyage traffic with stock …. Profit of the same produce thereof. And that he also ? several sums of money for the freight and carrying of the said ship but what was so made by the said Richard BROWN by the said stock and Produce thereof or what sums of money in particular and how much a for what by ages were … //
By the said Richard BROWN for the freight and earnings of the said Ship this defendant not knoweth nor can set forth. And this defendant saith that the said Richard BROWN whilst he so continued Master or Commander of the said ship as aforesaid did once every year as this defendant remembers account with the said part owners //
For the freight and earnings of the said Ship and paid unto them respectively as this Defendant believes what upon such account appeared to be respectively due to them for the same. But this defendant doth not know nor can set forth whether the said Richard BROWN kept any book or Books Journal or //
Journal or Account or Accounts concerning the said ship or the said voyages or the profits freight or earnings of the same, this Defendant never having had any such book or journals in his hands, custody or power, nor hath he ever seen any such to the best his knowledge and remembrance … //
And this defendant saith that he hath heard and believes that since the death of the said Richard BROWN, the said Sarah BROWN hath received? Of the john RIGG of London Merchant the sum of one hundred and sixty pounds for the fruit of the said ship but what other sums of money the said Sarah BROWN //
Hath received of any other person on account aforesaid this Defendant doth not know nor can set forth. And this defendant further saith that the said Ship being on a voyage from the port of London to Christiania [Oslo] in Norway (his being then on Board the said ship) was in the same voyage in the mouth September in the year of one thousand //
Seven hundred and sixteen (1716) and taken by a Swedish privateer and carried into the port of Gottenburgh in the territory of the Kingdom of Sweden and there condemned (as the Defendant believes) as and for prize by the Swedish Court of Admiralty there) but what were the names of the persons who took the said ship he knoweth [not whether] the Capture of //
The said ship was lawful or whether the said Ship was lawful prize and ? or lawfully condemned as such or whether the persons or persons in he look upon him or them to make the Bill of Sale thereof hereinafter mentioned had mentioned, had any power right or authority to do so otherwise by force, he this Defendant cannot take upon himself [to say or answer].//
But since this Defendant is that such capture thereof was power and force of arms much against the will of this Defendant and (as this Defendant believes) against the wills of the rest of the said Ship’s crew and what they could not help nor withstand and this Defendant most ? believes that unless the said Ship [was] … //
Brought and purchased again after such capture and condemnation thereof aforesaid and from such the captors in the manner hereinafter mentioned and set forth. They the said Captors of those having by reason they would have retained and kept the said Ship in their hands ? ? [and] to their //
Own use. And this Defendant further saith that this Defendant further saith that this Defendant being on board the said ship when she was so taken and carried by Swedes with him into Gottenburgh [Gothenburg] aforesaid, he this Defendant immediately after such condemnation thereof as aforesaid sent an account thereof to the other Defendant Nathanial Bateman then //
Residing of London who after received advise of the capture and condemnation of the said ship sending several letters to this Defendant and to one Jacob SAHLGREEN [SALHGREN] his other Defendant Bateman’s correspondent thereat at Gottenburgh thereby desiring or authorising this Defendant and SAHLGREEN //
To purchase the said ship from the Swedes, he this defendant there upon after several treaties and propositions had and made for the purchase of the said ship at length by direction of the said SAHLGREEN agreed for the purchase of the same and for the of seven thousand //
Silver mint dollars which in English money amounted to the value £772 7 shillings and 2 pence as this Defendant computed the same. And this defendant being willing to keep and continue a sixteenth part owner of the said ship as he was before such the //
Capture aforesaid he this defendant in order thereunto did advance , answer and pay to the said Jacob SAHLLGREEN one sixteenth part of the said seven hundred 72 pounds and 7 shillings 3 pence for the purchase of the said ship, and the stores and //
Tackle and furniture thereunto belonging and upon payment of the said 7000 silver mint dollars by the said SALHGREEN for the purchase of the said ship. A Bill of Sale was sometime in the month February 1717 was where of? (as he this Defendant most //
As ? unto the said Jacob SALHGREEN by the said Swedish Captor or Captors having or pretending a right to the said Ship by force of such capture and condemnation thereof as a foresaid and soon after the said Bill of Sale was so made of the said Ship to the said SAHLGREEN aforesaid he the said //
SAHLGREEN by some deed of writing under his hand employed on the back or written under the said Bill of Sale dud declare that the said Bill of sale so taken by him of the said ship was In Trust as to the fifteen sixteenths part thereof for the said Nathaniel BATEMAN ? and the other sixteenth //
Part thereof for the part thereof for this defendant and thereupon the said Jacob SAHLGREEN delivered the said Bill of Sale and declaration of Trust to this Defendant. And this Defendant further saith that the said Richard Brown (the former Master of the ship) and most of the said Ships Crew upon the capture thereof //
Forced and carried by the Swedish privateer and soon afterwards cast away in a storm at Seafas this defendant hath heard and believes) and the rest of the said Ships crew being carried into Gottenburg aforesaid soon after returning home to England and none of them (as this Defendant knows ….. //
This defendant. He this defendant did thereupon on the seventh day of February in the year of our Lord 1716 by the direction of the said Jacob SAHLGREEN enter upon the Command of the said and took procession thereof in order to navigate to London ….. //
And this defendant further saith that he this Defendant thereupon applied himself to the said Jacob SAHLGREEN for to supply this defendant with money to refit the said ship and other necessary occasions relating thereto. And the said Jacob SAHLGREEN by the direction and appointment as this Defendant … of the said other //
Defendant Nathaniel BATEMAN did advance to this Defendant for the purpose foresaid 1071 silver mint Dollars and stivers then amounting to the sum of one hundred and nineteen pounds in English Money (as this defendant computes) ….. money this Defendant believes //
Were afterwards answered and paid to the said SAHLGREEN by the said other Defendant Nathaniel BATEMAN, or by his order. And this Defendant thereupon refitted the said ship and hired several sailors and brought and laid in stores and provisions for her voyage to London about ….. One Hundred //
Twenty and three silver mint dollars and twenty one stivers which amounts to the sum of one hundred twenty and one pounds one shilling and three English money (as this Defendant computes the same). And this defendant having so refitted the said ship as aforesaid for the reason agreed with the said Jacob SAHLGREEN for the freight //
Hereof for the port of London. And the said Jacob SALHGREEN having loaded and shipped on board the said ship at Gottenburgh aforesaid several quantities of goods of several persons this Defendant on the ninth day of July One thousand Seven Hundred and Seventeen (1717) to …. As to the time //
Set sail for the said Port of London. And this defendant saith that after he had been out at sea two or three days he met with such stormy and tempestuous weather that the said ship suffered greatly thereby in her sails and rigging and lost her main mast and was so disabled …. Being lost and being by //
Distress of weather forced into Folbatta in the Kingdom of Sweden was there set upon and seized by a Danish Galley and by her taken and carried away from there to the or Mogach in Denmark and about two days afterwards the said Danes in Sailaig the said …. To Christiania in //
Norway aforesaid run the said ship against a rock and thereby very much damaged her and made her very leaky and having brought the said ship to Christiania aforesaid they there condemned her as prize in the Court of Admiralty there. And this Defendant saith that he ….protest or an //
Appeal in the Court of Christiania aforesaid from or against the said condemnation he sent an account thereof and also of the damages the said ship had suffered as a aforesaid to the said other Defendant Nathaniel Bateman then at London who thereupon as this Defendant hath heard and believes … to the Courts of great //
? and Denmark for the releasement of the said ship and having upon such application obtained a releasement of the said ship, he there upon sent several letters to this Defendant at Christiania to refit the said ship and directed that this defendant to draw Bills of Exchange for what …be required for //
That purpose. And thereupon this defendant according to such directions did draw two Bills of Exchange on the said Nathaniel Bateman for two hundred sixty and five pounds in English money. And one other Bill of Exchange on one Mr VICTORIN a merchant at London whose goods was shipped on the said ship which said three //
Bills of Exchange this defendant believes were all answered or paid by the said other Defendant Nathaniel BATEMAN. And this defendant further saith that he this Defendant soon after received of the said Nathaniel BATEMAN’s Agent at Christiania aforesaid One thousand five hundred seventy and seven dollars two quarter and nine //
Shillings amounting in English money to the sum of 337 pounds 1 shilling and 8 pence only as this Defendant computes the same the said BATEMAN’s agents who paid this Defendant the said money insisting upon an allowance of twenty seven pounds eight shillings four pence so many dollars as //
Amounted to that same in value for their trouble and confession there abouts which this Defendant was obliged to allow to them before they would pay this Defendant the said monies. And this Defendant being furnished with monies as aforesaid he caused the said ship to be unloaded of her freight and repaired the damages she had [sustained?] as //
Aforesaid and furnished her with necessitates and provisions for her voyage to London in which and on other necessary occasions relating to the said that this Defendant laid out and disbursed One thousand eight hundred sixty and five pounds three shillings and seventeen strives which in Enlish money [?] sum of three hundred //
Ninety and four pounds thirteen shillings and six pence as this defendant computes the same. And this defendant further saith that he having repaired and refitted the said ship as aforesaid he navigated and conducted her to the port of London where the said ship was on or about the fifteenth day June One Thousand Seven hundred and Eighteen //
Unloaded the freight taken on board as aforesaid. And this Defendant further saith that after the said ship was unloaded of her Freight as aforesaid the said other Defendant Nathaniel Bateman employed this Defendant as Master of the said ship upon two several voyages from the port of London to ? and Denmark? And back again //
For freight. And the said other defendant Nathaniel Bateman agreed to give or allow to this defendant for his wages the sum of 12 pounds for sth of the said Voyages to Norway foresaid and back again . And this Defendant further saith that he laid out and disbursed in the said two Norway voyages for stores and provisions for//
The said Ship and for wages paid to the sailors and otherwise on account thereof to the amount of one hundred and eight pounds fifteen shillings and ten pence as this Defendant computes the same of which this Defendant received of the said other Defendant Nathaniel Bateman at several times the sum of ? three pounds ? //
Shillings and one penny and no more as this Defendant remembers. But this Defendant hath not received from the said Nathaniel Bateman or any other person whatsoever any sum or sums of money whatsoever due to this Defendant for his wages since the time this Defendant enter on the Command of the Ship at Gottenburgh aforesaid. And this Defendant saith //
That for the saving the expense thereof he hath not set forth the particulars of his account and disbursements relating to the said several voyages herein before mentioned made by this Defendant. But this Defendant saith that in case the Complainant’s desire the same this Defendant is ready and willing to set to parchment Account of all //
Monies disbursed and laid out or received by this Defendant on Account of the said Ship since the time this Defendant ? upon the Command thereof as aforesaid. And this Defendant denies that he ever refused to let the Complaints have or enjoy their shares of the sais ship or ? into the management of the same or to receive any benefit of //
The same. But he this defendant saith that he this defendant approaching the condemnation of the said ship at Gottenburgh aforesaid to be alegall consideration and that the purchase so made of the said fifteen sixteenth parts thereof by the said other defendant Nathaniel Bateman aforesaid ? a good title to property //
Of the same parts in the said other Defendant Nathaniel Bateman and the ? ? or resisting upon the said parts and shares in the said ship (as this Defendant knows) of till very lately , he this defendant (then looking upon the said other Defendant Nathaniel Bateman as the only part owner of the said ship [besides?] this //
Defendant believes the orders and directions of the said other Defendant Nathaniel Bateman management and conduct of the said ship whilst this defendant continued Master thereof which was from the time defendant so took upon himself the Command thereof at Gottenburgh aforesaid till the twenty eighth day of //
February last past when said other defendant Bateman turned this Defendant the position and Command of the said ship and put one John JOHNSTONE into the position and command thereof who (as this defendant believes) still continues in the position and Command of the said ship. And this Defendant saith //
That he this Defendant never made any voyages with the said ship since this defendant embarked upon the command thereof as aforesaid save as herein is before mentioned. But this defendant saith that he doth not know nor set forth what profits have made by the freight and earnings of the said ship since this //
Defendant ? Upon the command thereof and took possession thereof as aforesaid he this Defendant nor any other In Trust for him never having executed the same nor any part thereof . But the same hath been all executed as this Defendant by the said other Defendant Nathaniel Bateman. And this Defendant own //
wages? that he this defendant ever produced that he and the said other defendant Nathaniel Bateman were by virtue of the said Bill of Sale wholly entitled to the said ship exclusive of any right or title the Complainants might have therein nor that the Complaints by ? aforesaid had lost their property in the said ship //
and were in no way or ? to any parts or shares of the said same nor to any amount of the Freight and Earnings of the said Ship. As by the Bill is falsely suggested. But whether the said Nathaniel Bateman is entitled under the said Bill of Sale and Declaration of Trust heein before mentioned to ? //
sixteenth parts of the said ship or whether the Complainants have by such capture and condemnation aforesaid lost their property in the same ship or whether the person who made such Bill of sale had any right or power to make the same or to sell the said Ship. This defendant saith that he ? ?? //
same doth not in any wise concern this defendant. But the other Defendant Bateman in regard he this Defendant doth not nor ever did since the capture and condemnation of the said ship aforesaid, ? or misist to make a title under the said sail Bill of Exchange and Declaration of Trust aforesaid But only to [one sixteenth part] //
of the said ship which was the part or share which this Defendant purchased and was owner of before such capture and condemnation of the said ship as aforesaid. And this Defendant saith that he brought from Gottenburg aforesaid a copy of the Decree or
the condemnation of the said ship but this Defendant cannot set forth the same as the said Bill of sale and declaration of Trust , he this Defendant not having the same or either of them in his Custody or power he having soon after his return from Gottenburgh believed the same to the
Nathaniel Bateman in whose custody this defendant believes the same still remains. And this defendant saith that he hath heard and believes the same to be true that it is customary and this defendant believes the same to be just and equitable) that when a ship belonging to several part owners is taken
And ransomed or redeemed by some or one of them that the rest or other part owners of such ship on paying their proportionble shares of the charges shall be let in to have the benefit of such ransom or redemption and be let in again to have their parts or shares of such
And this defendant saith that he doth not know nor can set forth whether the Complainants had any notice of the purchasing the said ship or taking a Bill of sale of the same as aforesaid, or if they had had such notice whether they would have paid their shares of said ransom or [redemption]
But this defendant is inclined to believe that the said Complainants in case they had had had such notice would have paid their shares of such ransom or redemption. In regard the said ship in this Defendant’s judgement was purchased at much less than the real value thereof
Of the said Complainant’s offer the said other Defendant Nathaniel Bateman (but not this defendant) to pay their share of the money paid by the said Nathaniel Bateman for the ransom or redemption of the said ship. And this defendant denies all manner of
Complainant’s said Bill of Complaint contained. Without that that any other matter or thing in the Complaint said Bill of Complaint contained material or effectual in the Law for this Defendant to make and answer unto and not herein and hereby well and sufficiently answered unto …
Denied is true. All which ? and Kings this Defendant is ready to answer account? And prove and as this Honourable Court shall and ? and humbly prays to be heard ….
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