National Archives File C 12/1766/63
Partial transcript of National Archives file C 12/1766/63
See page for details of the accounts which form part of this document.
The further answer of Nathaniel BATEMAN Gentleman one of the Defendants to the Bill of Complainant of John CLEMENS and other Complainants.
This defendant in sort waving the plea formerly put into the Compliant Bill but insisting to have the benefit thereof at the hearing of this cause for further Answer to the Complainant’s Bill and to the exceptions taken by the Complainants to this Defendant’s former Answer or to //
So much thereof as this Defendant is advised is material for him to make Answer unto and is not already Answered he answereth and saith that Richard BROWN in the Bill named was in or about the month of April One thousand Seven Hundred and // Thirteen [1713] made Master or commander of the Ship Catchpool in the bill mentioned by consent of this Defendant and the other part owners thereof and that he continued as such to the time the said ship was taken as herein after is set forth but // Not to the time of his death which happened after the said capture as this Defendant is informed and believes and that during that time of his Mastership or command as this Defendant believes he made several voyages to Newcastle and back to // London and other voyages but the particular voyages he made to and from Newcastle or to and from any and what other places whilst he was so Master or Commander there this Defendant doth not know or remember nor can //
set forth. And this Defendant believes it may be true that the Compliant and other part owners might and did put into the hands of the said Richard BROWN one hundred and fifty pounds or some such sum as a stock to purchase Coals or other merchandise at // Newcastle but whether they so did or not this defendant doth not know remember nor can set forth yet verily believes that if they did much such deposit in the hands of the said Richard BROWNE he was to Bring such Coals and Merchandise according //
To the Complainants and other part owners direction was to give them an account thereof and that he traffic with stock and made profit thereof but what profit he so made of the same or what was the produce thereof or what monies // he received for the profit freight and earnings of the said Ship or of whom or when or for what profit freight and earnings in particular or in or for what voyage or voyages he so received the same this Defendant knows not nor hath heard nor can// Set forth he this Defendant having had no account or share thereof or benefit thereby to the best of his knowledge remembrance and beliefs other than the Sum of four pounds or thereabouts which the said Richard BROWN paid this Defendant for this Defendant’s share // of one year’s profits or earnings of the said ship as the said Richard BROWNE informed this Defendant and as this Defendant in his former Answer hath set forth. And this defendant saith that he hath heard and believes it to be true that the said Richard // BROWNE did in every year whilst he was Master of the said ship until the last year where in he died make up and render to the part owners of the said Ship or some of them an account of the profits and earnings of the said Ship and the stock // Thereof yet this Defendant doth neither know or hath heard with which of the said part owners he so accounted nor for what time or times the said accounts were made up nor for what profits or earnings of the said Ship or stock thereof he // so accounted having never to his knowledge remembrance and belief seen the said accounts or any of them. And this defendant further saith that in or about August One Thousand Severn Hundred and Sixteen [1716] the said ship was set to freight in // A voyage from London to Christiania in Norway in which voyage the said Richard BROWN was Master and on or about the seventeenth day of September following as this Defendant hath been informed and believes the said ship was taken by // A Swedish privateer and carried into Gothenburg and that the said Richard BROWN the Master and most or many of the Ship’s crew were put on board the privateer and afterwards cast away in a Storm and that the reset of the said crew // Were carried to Gothenburg and that the other Defendant Thomas GROVE was one of the crew so carried hither and this Defendant saith that the said Defendant GROVE did send notice to the Complainants and this Defendant of the said capture and they made defence in the // Court of Admiralty in Sweden against the condemning the Said ship as prize but did not prevail therein and the said Ship being by the Admiralty of Sweden condemned as lawful prize as by the instrument or sentence of condemnation bearing date the thirtieth day //
Of January One Thousand Seven Hundred and Seventeen Swedish Stile set forth in this Defendants former Pea and answer and whereto this Defendant refers. And this Defendant hath heard and believes that the part owners offered to purchase the // said ship but did not as this Defendant has heard and believes bid above three hundred pounds for the purchase of her which was less then was bid for her by persons of other nations and this Defendant finding that the Complainants declined purchasing the said // ship or treating further about the aid purchase this Defendant ordered one Jacob SAHLGREEN his correspondent at Gothenburg to purchase her on his this Defendant’s own proper account and accordingly the said Jacob SAHLGREEN did purchase the said ship of Lars
GATHENHEILM the person entitled to sell the same for seven hundred and seventy two pounds seven shillings and three pence Sterling and took a Bill of Sale thereof in his own name bearing date on or about the sixteenth day of February One Thousand // Seven hundred and seventeen (Swedish Stile) and afterwards by endorsement on the said Bill of Sale declared the said ship tackle apparel and furniture in Trust for this defendant as to fifteen sixteenth parts and in trust for the other Defendant // GROVE as to the remaining sixteenth part as by the said Bill of Sale and declaration set for forth in this Defendant’s former plea and answer and where to this Defendant refers himself may appear and the said Jacob SAHLGREEN after he had purchased the // Said Ship put in the other Defendant GROVE who was then at Gothenburg Master thereof to bring her to London She was there freighted to London by the said Jacob SAHLGREEN but in the said voyage the said ship was taken by the Danes and twice lost her //
mainmast and rigging and damaged some and lost other of her loading whereby this Defendant hath been at very great charge in reclaiming her from the Danes and refitting and answering the damage and loss of goods and this Defendant saith // that by virtue of his Said purchase he became entitled unto the said Ship and that the said Jacob SALHGREEN and the said GROVE afterwards as Master were in possession of the said ship in trust for the Defendants as aforesaid from the time of the said //
Purchase which was about fifteen months before the tenth day of May One Thousand Seven Hundred and Eighteen [1718] but this Defendant believes that the other Defendant GROVE by reason of the said Ships being detained by the Danes and his several // Misfortunes at sea did not arrive with the said ship at the port of London till about May or June One Thousand Seven Hundred and Eighteen [1718] and this Defendant confesseth that ever since the said ships arrival at London in May or June One Thousand //
Seven hundred and eighteen [1718] this defendant and the said Groves as Master for some part of the time and one John JOHNSTONE as Master for the residue of he said time have managed and worked the said Ship and this Defendant hath received the money for the profit //
Freight and Earnings of the said ship and albeit this Defendant doth in no wise admit that he is accountable to the complainant or any of tem for the profits freight or earnings of the said ship or any way related thereto yet this defendant hath for the // satisfaction of this honourable Court as also of the Complainants annexed a schedule to this his answer which he prays may be taken as part thereof wherein he hath set forth a true account of all the voyages that have been made by or with the said //
Ship and the times when the Same were made from the time the said Ship was purchased for this defendant by the said Mr SALHGREEN as aforesaid to this time together with the names of the respective places to and from which the said voyages // were made and also what profit freight and earnings in particular the said ship hath made in each of the said voyages show for and by what particular goods wares and merchandise in each voyage and this defendant saith // likewise in the said schedule set forth a true account to the best of his knowledge and belief of all the money received by this defendant or the said GROVE or any other Master or Masters, person or persons whatsoever for their or either of their use // or ? account or accounts for the profits freight or earnings of the said ship from the time they had the possession of the same since the capture and purchase aforesaid and of whom when how and for what voyage and voyages and // the said schedule or annex account this defendant hath set forth all the monies yet standing out or that remain due for any and what part of the profits freight or earnings of the said ship and from whom hath also therein set forth all // the charges and disbursements relating to the said Ship since this defendant’s said purchase of her. And this defendant confesses that he refused and still doth refuse to account with the Complainants or any of them touching the said ship or the profits // Freight or earnings thereof or to pay or allow them or any of them part of the said profits or earnings which he hopes he justly may refuse to do for the reasons in his plea and former answer set forth. And this defendant further saith that he // believes the said Ship was lawfully taken and condemned as prize as appears by the said condemnation and believes the said GATHENHEILM who took upon him to make the said Bill of Sale had a sufficient right and power to // make the same and to set the said ship and had such property therein as Captors of Vessels have in the Vessels have in the Vessels they take by the constitution and Laws of the Government which they serve or which they are subjects. And this Defendant denies that // the said Bill of Sale was made or intended to be for the use or benefit of the Complainants or any of them as well as of this Defendant and the other Defendant GROVE or that it was made in trust for the Complainants as to their parts and shares of the said Ship. And this Defendant insists // upon it that he is the purchaser of the said ship and denies that he know knows or believes that the Complainants or any of them are entitled to any benefit or advantage to any ransom or redemption of the said Ship in the Bill suggested on their paying their //
shares and proportions of the charges for that the ? neglected to Ransom Redeem or purchase the same nor was the same Ransomed or Redeemed by this Defendant but purchased by him as a aforesaid. And this Defendant denies that his purchasing // the said Ship or taking a Bill of Sale thereof as aforesaid was as he either knows or believes either unfair or fraudulent in him or the said GROVE although they formerly owners all the former part owners property and interest in the said ship being //
determined by the capture and condemnation aforesaid nor does this Defendant doth not know or believe that such purchase as aforesaid ought to be done to the common benefit of all the former part owners upon their paying their proportional parts // of all the charges according to their shares therein. And this Defendant doth not know that the Complainants were ready so to do but if they are this defendant ? himself not obliged to comply therewith and therefore refuses so to do. And this Defendant saith //
that he does not know that when a ship belonging to several part owners is taken and made prize and ransomed or redeemed by any of them the rest of the owners on paying their proportionate shares of the charge shall have the benefit of // such ransom or redemption or be let in to have again or be repossessed of their parts or shares of such ship but believes it may be so yet ? it not material to the matters in question in this case the said ship being neither //
Ransomed or redeemed. And this Defendant saith that he did inform the Complaints or some of them but which of them he does not remember that in as much as they would neither ransom or redeem or purchase the said ship being neither // Defendant would purchase her take a bill of Sale thereof and this Defendant denies that before or since this defendant purchased the said ship the Complainants or any of them offered to pay or would have paid this Defendant their shares of the // Charges this Defendant had been at but on the contrary since this Defendant purchased the said Ship the Complainants or some of them told him that they hoped to recover the said ship from him without paying him any money for that as // They said this defendant had purchased the said ship under a bad title or to that effect. And this defendant doth insist upon is title to the said ship as before set forth and that the Complainants ought not to be let in restored to their particular shares thereof //
which there were respectively entitled unto the capture and condemnation aforesaid or into any management thereof upon any terms whatsoever. And this Defendant traversed and saith as in his former Answer he hath already traversed and //
Said //
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