Uvedall v Scras

C78/453 no. 4 (transcribed from digital images of the original on the Anglo-American Legal Tradition website hosted by the University of Houston).

{Jan - Mar 1628/9}

Whereas heretofore that is to saye in the Terme of St Hillarye in the Fourth yeare of the Raigne of our sou[ver]aigne Lord Charles by the grace of God of England Scotland France & Ireland defender of the Faieth a Richard Uvedall of Waymouth in the County of Dorset Esq Complt [entered?] his bill of Complte into his [majesty’s] most noble high Courte of Chauncery against Tuppyn Scras of Blechinton in the County of Sussex Esq and William Scras of Blechinton aforesaid gen defendt thereby Declaring that Whereas about three yeares then last past When the Warrs begann with Fraunce the said defendt & Willm Scras being a Sea Captayne & comeinge to Waymouth aforesaid being a Sea Towne and being desyrous to be furnished with Shippes to goe to Sea with commission of reprisall for the advauncing of his fortunes to that p[ur]pose treated with one Edward Roye a marchant of Waymouth & brother in law to the Complt [interlineated: “a hundred Tonnes & aboute another shipp called the hopewell of the [...?] of] about one shipp called the true love of Waymouth of the Burthen of Forty Tonnes whereof the true love was the said Edward Royes owne shipp and of the hope well the saide Edward Roye was owner of the one moyety & the Complt of the other moyety, with which said two shippes the said Willm Scras was desirous to goe to Sea upon a commission of Reprisall as aforesaid he the said Willm Scras then p[re]tending that the defendt Tuppyn Scras being his brother & a man of greate worth would adventure with him in any voyadge and helpe to furnish & setout the said shippes yf the said Edward Roye and he the said defendt & Willm should agree for the same wherewith the Complt being made acquainted and knowing that the shipp called the true love was unfurnished & unfytt to goe to Sea, and that the other shipp called the hope well was p[re]pared with ordniture muskett munit[i]on moor[...] apparrell & other furniture fytt for a man of warr, men & victualls onely excepted It was agreed betweene the said Willm Scras and Edward Roye on the behalfe of the said Edward and the now Complt that the said defendt Typpyn & Willm by the payemt of the deft Willm should forthwith furnish victuall and man the said shipp called the true love and should also victuall and man the shipp called the hope well fitt for men of Warr, and that both the said shipps should goe in Consortshipp for one whole yeare to take prizes and bootyes that should be taken or gayned by the said shippes or by either of them during the said years, whereby the Complt in respect of his moyety of the said shipp called the hopewell was to have the one and twentith p[ar]te of all such gaynes prizes & benifitts as should acrewe by the managing of the said shipps and either of them during the said yeare, and that Edward Roye shold have a Portionable parte thereof, according to the ..genes[?] of his adventure to which agreement & adventure the Complt consented for that the defendt & Willm Scras was contented that Robte Roye the Complts sonne in lawe whoe was acquainted with the French Coast and spoke the language p[er]fectly should goe with him as his leuietena[n]te and that the said Robte should have tenn shares of the shippes companies p[ar]te of all prizes & gaines that should be taken or made, and shold see fayre carriage of all things The said defent Willm Scras p[re]tending alsoe that the other defendt Tuppyn Scras shold take accompt from tyme to tyme of all such prizes bootyes & beniffit as shold be taken by the said shippes or either of them to be equally shared amongst the adventurers according to their sevrall adventures and the complte declared also that after the said agreemt the defendte Willm Scras sayled to Shoram in the County of Sussex & there with the helpe of the defendt Tuppyn Scras victualled and manned the hopewell and there either he the said Willm or some other by his brother Tuppins appoyntmt first went to sea with the hopewell alone and with her tooke twoe [...] shipps or Fyshermen of the burthen of Forty tonnes a peece or thereabout, and one hoye or shyp of the burthen of one hundred tonnes or therebout and [...] other prizes laden with sevrall comodityes of greate value whereof from tyme to tyme the defendt made benefitt & booty and after [...] prizes taken by her the defendt Willm did unfurnishe the said shipp called the hopewell of her Orditures munit[i]on cables anchors & other things and therewith furnished the true love and went to sea with her and tooke [...] prizes with her to the value of twoe thousand pounds of all which prizes the defendt disposed and were to paye the complt his shares according to the agreemte and showed further that afterward the complt adventured with the defendt one hundred threescore and tenn pounds in a shipp called the John Groyne being a man of warr whereof the said defendt Willm went captaine and the complt was to have a full third p[ar]te of the p[ro]ffitts of the shipps parte and a Fowerth p[ar]te of the victualling parte according to the contracte and that within sixe dayes after the John Groyne went shee tooke a prize called the Rose of Conquit worth 3500:li whereof the Complts parte came to eight hundred pounds and that shortly after the defendt Willm consorted the John Groyne with another shipp belonging to the defendt called the Dolphin and then It was agreed that both shippes should be sharers in what ech should take and the Shallopp and xxiiij men of the John Groyne went to attend the Dolphin and tooke sevrall prizes worth twoe thousand pounds whereof the complte was to have his p[ar]te alleading further that the defendt Willm gave the Complt a bill of Exchaunge to receave 433 li; 16 s: 8d of the defendt Tuppin being for the Compltes parte of the Rose of Conquitt onely but gave none accompte of the other prizes and the complt demaunding the said 433:16ss of the defendt Tuppin upon the bill of Exchaunge he p[ro]mised paymt and for that p[ur]pose repayied to one Mr Prescodd who being not then furnished to sattisfy the bill and the defendt Tuppin beinge desirous to sattisfy the complt and he being the setter out of the said John Groyne and the greatest adventurer in her the defendt Willm being Captaine and then att Sea the defendt Tuppyn offred the complt that he should adventure p[ar]te of the bill of Exchaunge in the said shipp and furniture whereupon the complt did adventure 316 li 13 s 4 d parte of the said bill of Exchaunge whereby the complt was to have a third parte of the furniture and a thryd p[ar]te of the p[ro]ffitt of the shipps parte and a Fowerth parte of the victualling parte and that for sattisfacion of the residue of the sd bill of Exchaunge the said defendt Tuppin paid Fowerscoare and three poundes sixe shillings eight pence in ready mony & p[ro]mises to geve his bill for the residue beinge 33:li 16s to be paid all withas 1628 and that for the more certently of the agreemte direcc[i]on was geven by the defendt Tuppyn to one Mr Cornelius to putt the same in wryting & to make the bill But that before the wrytings were settled newes came that the John Groyne had taken a prize called the Peter worthe 4000 li and thereupon the defendt Tuppyn offred the complte a hundred pounds to resettle his bargaine which he refused and afterward the said Tuppyn refused to settle the contcte but p[ro]mised the complt should have his shares; but he had not, though the defendt Tuppyn disposed of the said prize, and lastly shewed that the John Groyne afterward together with other prizes taken and sett out with the p[ro]fitt p[ro]ceedinge from her tooke [...] sevrall prizes to the value of 2000 li whereof the complt ought to have his shares, but hath not gotten them according to the agreement w the defendt whereupon to be releeved for his shares of the said twoe shippes called the true love and the hopewell and for the 170 li first adventured in the John Groyne and for his shares taken in Consortshipp and 316 li:13s:4d for which the defendt Tuppin was to geve his bill but did not, the complt prayed the p[ar]tes of this Courte against the said defendt to appeare in this Courte and to answeare unto all the p[ro]misses upon their Corporall oathes, which said p[ar]tes being awarded and served upon the said deft Tuppin he appeared in this Courte and putt in his answeare upon his oathe and thereby confessed that he has seene the agreemt made betweene the defendt William Scras and Edward Roye touching the said Willm his going to sea with the saide twoe shipps called the hopewell and true love by which he was to have the comaunde of both the said shipps and to victuall & man them and to goe to sett in Consortshipp and shares for a yeare as he remembred but that he the defendt Tuppin was noe partie to the agreemt but yet entred bond to p[er]forme covennt and confessed he furnished and victualed the said shipps for the defendt Willm for men of warr which he sent by waye of adventure and that shortly after the contcte the hopewell tooke twoe Fishermen of Forty tonnes a peece and a hoye of a hundred tonnes whereof the hoye onely prooved prize and said that after the first voyadge with the hopewell the defendt Willm & Edward Roye came to a newe agreemt as he heard and after that the defdt Willm went to sea with the shipp called the true love and tooke a Canker of 160 tonnes which was cast a waye as he had heard and a Cauker of a hundred tonnes lawfull prize and that Edward Roye was accompted withall and sattisfyed his shares therein and that he had heard that about Aprill 1628 the defendt Willm and the said Edward Roye came to accompt for all the said prizes and that division was made betweene them and beleeved the complt share was delivered to Edward Roye and that Roye delivered upp the contracte bond and beleeved alsoe to be true that the defendt Willm p[ro]mised of the earle of Suss the shipp called the John Groyne of the burthen of 160 tonnes and agreed for her for a yeare from February 1627 and that the said shipp called the John Groyne being then att Waymouth and unfitted for sea for a man of warr and Willm not being p[ro]vided to furnishe the same Willm receaved of the defendt Tuppyn toward the setting forth of the sd John Groyne 400 li or thereabout which being not sufficient to fitt the shipp for the voyadge Willm Scras came to agreemt with the complt which was putt in wryting about x^mo aprilis then last was twelvemonth and Willm accepted some adventure from the complte to goe in that shipp which as he heard was 170 li or thereabout but whether a third p[ar]te of the adventure were to goe in the victualling parte and the other twoe in the shipps p[ar]te or whether Willm did averr the shipp was victualled for sixe weeks for sixty men or did value the munit[i]on or furniture of that shipp at fower hundred pounds and the victualling att twe hundred pounds or what p[ar]te of the benifitt of prizes to be taken by htat shipp the complt was to paye for his adventure or whether any ordinance or other p[ar]te of the p[ro]vision of the said shipp was by wryting assigned over to the complt for his security or what agreemt was made betweene them he knew not being not party nor privy nor did contract with the complt touching any adventure in the said shipp but said he did not beleeve that the complts adventure in that shipp did amount unto a third parte of the shipps parte and a third parte of the victualling parte as by the bill was alleadged and touching the prizes shippes barls[?] and other bootyes taken by the shipp called the John Groyne and her consorts & prizes since primis Aprilis then last was twelve monthes he said that though he the defendt made noe contracte att all with the complt nor was compellable as he beleeved by the Equity of this Courte to yeild any accompte for the prizes or goods, yet for sattisfying the Courte he said that after the said tenth daye of Aprill Willm Scras putt to sea with the John Groyne not before and about six or seaven weeks after tooke a small french prize the Rose of Conquett which had in her eighty chests of sugar or thereabouts and some small quantety of Jobano[?] which prooved prize of the value of 1800 li or thereabout which was to be devided into three p[ar]ts whereof a third parte in three parts to be devided belonged to the Company of the same shipp and the other twoe third parts to the lord of Suss and Willm Scras as owners and to the victuallers of the shipp soe that the chargs of adinstration and other dutyes deducted and the Company allowed their parts there did not rest above 1200 li to be devided betweene the owners victualers and other adventurers all which prize shipp & goods the defendt paying the third p[ar]te thereof for the shares of the Company of the John Groyne for moneys laid out for William Scras and for 600 li or 700 li more paid him in ready mony which this p[ar]te the defendte paid for the shares of the said Company of the John Groyne which sugars tobaccoe and other prize goods the defendt afterward solde to [...] men for p[ar]ticuler prizes Which he remembred not but said that before he disposed thereof he kept the same for twoe monthes or more during all which tyme the complt never made knowne to the defte that he was to have any share therein and said further that after the takeing of that ship called the Rose and before the victuall of the first voyage was spent Willm Scras went to sea the second tyme in the John Groyne & tooke twoe small boats one empty and the other having some playster of Paris in her of small value the valewe thereof he knew not but yt was not worth the charge of adinstrac[i]on nor adiudged prize and both p[ar]ishes one in the River & the other att Storeham and confessed he had heard that the John Groyne having spent her victuall and being comeing home and the shipp called the Dolphin being then goeing forth Willm Scras putt some men in the Shallopp belonginge to the John Groyne and sent them to attend the Dolphin then goeing to sea weakely manned And that the Dolphin tooke the shipp called the Peter of Callae laden with wynes prunes & other goods the John Groyne being then att home But whether the Shallopp were in Company of the Dolphin att the takeing of the Peter he knewe not but saide the said prize shipp & goods were about the value of 600 li and that the Dolphin was set out by him the defendt and not by Willm Scras nor had Willm any share therein and the defendt denyed that the John Groyne and the Dolphin did setforth to sea or did goe in consortshipp att the tyme of taking the Peter of Calae, or that there was any contract or agreemt betweene the defendt & Willm Scras or either of them in their company of the said shipp called the Dolphin to his knowledg that the said shippes shoulde Joyne togeather & be sharers in what the said shippes should take either Joyntly or one of them alone man for man or tyme for tyme and further said that shortly afterward Willm intending a third voyage in the John Groyne receaved some mony of the defendt the [..enty] he remembred not But Willm p[ro]vided victuall and fitted her for the voyage and tooke upp other monyes owing to him the defendt by Mr Prescodd for goods to him solde unknowne to the defendt till about the beginninge of July then last past as he remembred Willm being then in the John Groyne in the Porte of Southton set to sea againe and by meanes of contry wyndes as he thought was forced to putt in att Waymouth where the complte then dwelt, and there as he had heard Willm Scras and the complt came to accompte for the sugar prize and all other prizes and adventures then betweene them wherein the complt was to have any share which as he beleeved was none other but the sugar prize, and that upon that accompte made by Willm accepted by the complt there was due to the complt 433 li 16 s 8 d as appeared by a bill of Exchaunge which the complte afterward showed to the defendt whereupon as the defendt beleeved the complte deliv[r]ed to Willm the agreemt touching the p[ar]tes adventure in the John Groyne which 433 li 16 s 8 d Willm Scras being in a voyage att sea & not p[ro]vided to paye being desirous to make [...lde] with the defendt to disburse for him as he beleeved gave to the complte a bill of Exchaunge directed to him the defendt for payment of the same uppon sight and said true yt was that shortly after the makeing of that bill of Exchaunge the complt showed him the bill of Exchaunge and desired him the defendt to make paymt thereof but the defendt never accepted nor subscribed the same yet being willing to doe Willm Scras a curtesie & to geve the complt some sattisfacion therein though he nether made contracte with him nor was chargeable with the paymt thereof nor owed any moneys to Willm Scras he sent to Southton with the complt with p[ur]pose to have paid him a good parte of 433 li 16 s 8 d for Willm Scras out of some monyes which the defendt thought to have receaved from Mr Pescodd the greatest p[ar]te whereof Willm Scras & others whome the defendt had imployed to victuall twoe other of the defendt shippes had before taken upp to victuall the John Groyne and the said shippes of the defts and by meanes thereof was the defendt unfurnished to paye to the complte so much as he intended whereof the complt takeing notice he desired some p[ar]te thereof to adventure with Willm Scras in the John Groyne being then att sea and affirmed that yf he & the defendt could agree about the same that Willm Scras would allowe thereof and had sent a lre by him the complt to the deste to authorize him to that p[ur]pose but the defendt never receaved the lre nor had any such authority from Willm Scras before his going to sea and denyed that he demaunded of the complte whether he would further adventure in the furniture & victuall of the John Groyne which yf he would that parte soe to bee adventured shold doe in payte of the bill of Exchaunge or that the defendt p[re]tended that he had full power to make any contcte with the complt in that behalfe but the defendt said that upon the complts word that Willm Scras had geven the defendant authority to contcte with the complt he was contented the complte shoulde adventure some parte of the 433 li 15 s 8 s in the John Groyne yf Willm Scras at his retorne from sea should thereunto consent and thereupon yt was then agreed that the comptes for 216 li to be deducted out of the monyes for which the bill of Exchaunge was geven should have one third parte in three p[ar]ts to be devided of the p[ro]ffitts of the sd shippes partes called John Groyne which the captaine & company then had or should take from her setting forth was about the eight of July then last past untill the eight of February then following and for one hundred pounds more to be abated out of the said monyes in the bill of Exchaunge contained he the prt should have one foweth parte of the victuall of the said shipp and one fowerth p[ar]te of the p[ro]ffitts of the victualing of the shipp from her setting forth till the eight of February then last past as he remembred and that for sattisfacion of the rest of the bill of Exchaunge comeing to 117 li 3 s 4 d the defendt agreed to geve his bill to paye the complt 33 16 s 8 d partes att maye then last & the rest being 83 li 16: 8d he confessed he paid to the complte and to that effect he or the complt gave devecions for divideing upp wryting accordingly but said that after the agreemt & before any wrytings were made and settled Willm Scras came from sea & brought home another prize shipp called the Peter laden with wyne raisons and other things which prize was taken by the helpe of another shipp under Captain Davy and by twoe of the defents owne shippes and Willm Scras then understanding of the agreemt betweene the defendte and complt touching the said adventure did deny that he sent any lrs to the complte to give the defendt authority to make any such bgaines with the complt but offred to make paymt to the complt of all that was then remayning unpaid upon the bill of Exchaunge which the complt refused to accept and the defendt denyed that Willm Scras did combyne with the defendt to defeat the complte of his bgaine & parte purchased of the defendt or refused to settle the wrytings ingrossed[?] for any other reason then for that Willm Scras did not allowe of the bgaine and the defendt denyed that he was partner in the shipp with Willm Scras or had any thing to do in the shipp other then that yt was victualed with his mony and conceaved under favour that although for victualing of the shipp he should be adiudged an adventurer therein, and although the contract betweene the complt & him were absolute (which in trueth was but condic[i]onal) yet the same ought not to bynde him the defendt in Equity being a bare contracte made without considerac[i]on att all For he said the contract neither gave meanes nor remedy to receave the moneys in the bill of Exchaunge menc[i]oned nor any p[ar]te thereof to his owne use nor gave any considerac[i]on to him to bynde him to the b[ar]gaine but that the complt did suffer noe losses or [...] therby att all for the b[ar]gaine but that the contcte did not release the duty of the complt from Willm Scras for which the bill of Exchaunge was geven nor did the complt runn any hazard att all by makeing of the contcte though the John Groyne had miscarried or retorned taking nothing, for that Willm Scras not withstanding the contcte made with the defendt did still remaine debtor to the complt whoe had the same remedy to recover his debte agt Willm Scras as he had or might have had before the makeing of the contcte with the defendt and as touching the value & disposic[i]on of the shipp called the Peter, & the good taken in her the defendt saide he never intermedled with the shipp or good nor knew the value of them but beleeved Willm Scras disposed of them, and touching the shipp called the Peter of Hamborough laden with Shomack he heard yt was taken by Willm Scras but not p[ro]ving prize was restored and touching the shipp menc[i]oned in the bill to have beene loaden with lynnen cloth [...ges] Crograynes[?] & other comodityes he said he likewise has heard yt was taken by Willm Scras and prooved prize and was him diposed of but to whome he knewe not or the value of the shipp or good nor ever receaved any parte of the p[ro]ffitt thereof and what other shippes were taken by the John Groyne alone or by any other shipp by her taken prize in consortshipp which were setforth with stock p[ro]ceeding of the gaine of the John Groyne the defendt said he knewe not but denyed that any of them were pillaged or any others of them were pillaged and resettled upon underhand composic[i]on or for any private reward geven the defendt other then before expressed and denyed that the complt putt his trest in the defendt or was to have parte of all prizes bootyes & benifitts gayned by all the said shippes according to such adventures or agreemt as in the bill menc[i]oned to his knowledge or was to resettle the some of 433 li: 16 s: 8 d of the defendt upon the bill of Exchaunge other wise then as before setforth and denyed that he had gayned the bill of exchaunge from the complt or ever hand the same other wise then to see yt and deliv[er]ed it backe againe to the complte which he then had as he beleeved and denyed that he went about to defeate the complt of any of the bootyes prize ordnance munic[]i]on or other dutyes in the bill menc[i]oned for that the complt was not able to proove the e[n]tente thereof nor what benifitt had beene made thereof or thereby or that the defendante endevored to defeate the complt of the tenn shares belonging to Robte Roye as was surmized by the bill and touching the xxxiij shares and a halfe of Eleaven of the shippes Companyes parte of the lynnen prize thaken by the John Groyne bought by the Complts wife he said shee bought not the same of him the defendt nor was he ever possed of any those prize goods nor made sale thereof or of any parte thereof to his advantage nor went about to defeate the complt and his wife of the same and [...ed] without that the complt had beene driven to spend above a hundred pounded in expences and travell by meanes of the defendt and Willm Scras by seeking his due of them as by the bill was p[re]tended But said that Willm Scras longe since offred to paye the complt all that was due to him upon the bill of Exchaunge or otherwise iustly belonging unto him and that he might still receave the same yf he wolde accept thereof as he beleeved and comended his answeare with the generall tran[...]s and afterward except[i]ons being taken by the complte to the insufficiencye of the defendts answeare by an order of this courte dated xxiij^o Junij Anno quinto Caroli & a Reference was made to Sir Robte Riche kt one of the maisters of this courte to consider of the said answeare whether yt were sufficient or not and to make Reporte what he did fynde whoe takeing the same into his Considerac[i]on made his Reporte accordingly the sixt of July 1629 thereby [...]efying said insufficiencies in ther former answeare of the said defendt whereupon a Subpn was awarded out of this courte against the said defendt to make a better answeare which beinge s[er]ved upon the said defendt he appeared and by his second answeare setforth that he did not knowe of any other prizes taken by the sd hopewell and true love then the prizes menc[i]oned in his former answeare to be taken by them nor did knowe what the whole p[ro]fitts were that were made of the said voyages but said that an accompte was geven thereof by Willm Scras the other defendt to the said Edward Roye betwixt whome the contracte conc[er]ning the said shippes was made and not betwixt the complt & defendte Nor did the defendt take any accompte thereof and said further that conc[er]ning the Rose of Conquett he knewe not of any more or other lading in that shipp then the sugars and tobacco setforth in his former answeare but of what greater value then the prize was over the some in his former answeare menc[i]oned yf the goods had beene sold by retayle or most p[ro]ffitt he knewe not being not acquainted with matters of that nature and what other prizes were taken by the said shipp videlt twoe small boates or barkes of small value not worth administrac[i]on nor worth xx li which were brought to Chichester whilest the other prize laye there being all the prizes taken by the John Groyne during the tyme of the cont[ra]cte betwixt the complt and defendt Willm Scras he referred himselfe to his former answeare and said alsoe that after the tyme of the said contracte was expired the said shipp the John tooke some other shipps whereof some prooved prize and others not prize (vizt) the St Peter of Hambrough laden with Chumacke discharged by the Court of Admiralty as Hambroughs goods one shipp called the Peter of Callae taken by the John in Company of the Dolphin and her P[...ate] and an other shipp comanded by Captaine Davis made prize the defendt knowing not of any more or other shippes taken by the John and touching the defendts shipp the Dolphin wherein the complt never had any int[er]est or adventure therefore under favry? conceveth he ought not to geve any accompte to the complt of her p[ro]ceeding or prize taken by her Nevertheles to sattisfy the Report he said that the Dolphin tooke att one tyme seaven shipps laden with salte from the Ile of Ree with about 1600 tonnes of salte worthe about three ttowsand pound and att the same tyme one barque laden with sugars to the value of about 1900 li and afterward att another tyme tooke 2 prizes of oyles & other goods to the value of about 1200 li and att another tyme one Dunkirke laden with wynes to the value of 600 li one other shipp of salte to the value of about 200 li one other shipp of salte not made prize, one prize of bottles of small value and was in Company of the ship John att takeing of the Peter of Callae as by the Record of the Courte of Admiralty might appeare and where the complt might have remedy yf he has cause But what other prizes were taken by any other shipps and all other prizes taken by prizes (sic) that fell into Consort charged in the Report he said he knewe not of any other then he had setforth in that his second and former answeares unles yt were by other men of warr and shipps that he had nothing to doe withall and confessed yt to be true that before any agreemt betwixt him and the complt in July 1628 was concluded newes was brought that Willm Scras had taken a prize worth 5000 or 4000 li whereupon the defendt demaunded of the complte yf he would take a hundred pound for his bargaine which the defendt supposed would have beene made good by Willm Scras as the complt himselfe form[er]ly had offred to undertake to Warrant But the complte refused yt and further said yt was true that not longe after Willm Scras retorned and after he came a shore and understood the passage of the p[ro]misses utterly disliked and woulde not allowe of any such bgaine or agreemt as had beene treated upon betwixt the defendt & complte touching the bill of Exchaunge But being p[er]suaded by the defte to make a frendly end with the complt touching the moneyes Willm offred the complt to paye him his monyes which the complt refused to accept of but whether the defendt did p[er]suade his brother in such termes as (goe to brother goe to) or that the complte should have his parte according to agreemt which was not in the defendts power to graunt he remembred not treuly but conceaved himselfe to be ill requited by the complt for his frendly p[er]swading his said brother to deale kindely with him the defendt in bringinge this suite against him to his greate trouble and charge which answeare of the said defendt being recorded with the former the said complte putt in his Replicac[i]on into this courte and s[er]ved the said defendt with p[ar]tes of Subpn to reioyne and ioyne in comission for examinac[i]ons of the said wittness published according to the auncient rules of this courte as by the said bill answeared Replicac[i]on reioynder comissions exa[m]i[n]ac[i]ons and p[ro]ceeding all remayning of Record in this courte maye more att large appeare and afterward a day was betweene for hearing of the said cause uppon which daye being the xvth daye of June in the seaventh yeare of the Raigne of our Sovraigne lord king Charles the matter in question betweene the said partyes comeing to bearing the comlt which his councell attended for that p[ro]poses but the defendt were not p[re]sent nor did any attend for them albeyt yt appeared by affidt then redd that the defendt Tuppyn Scras had p[ar]tes left att his howse which his daughter and that Willm being s[er]ved which p[ar]tes never answeared but stoode in contempte and was not within the Realme of England whereupon the courte understanding the substance of the complts suite was to drawe the defendts to accompte for the p[ro]ceede of sevrall voyages made to dett and prizes taken uppon lres of marke or comission of Reprisall in the tyme of hostility betweene the kingdomes of England Fraunce & Spayne and to have his aportionable share of such prizes as were taken and brought home in all the said intended voyages according to his adventures and agreemts made with the defendt It was ordered that Sir Robte Riche and Sir Edward Balter twoe maisters of this courte shoulde consider of the matter and looke into the proofes and see what the adventures were and the agreemt and upon the whole matter and proofes in the cause to see what they founde due to the plt uppon accompte to be then taken betweene the partyes or otherwise and so det[er]mine the matter yf they could or Report to the courte theire p[ro]ceedings & opinion in the cause, and what they conceaved was comminge to the complt for his share in the said voyages and reprisalls or otherwise and thereupon this courte would give such fynall order and decree as should be fytt accordinge to which order the said maisters in p[re]sence of the partyes and councell on both sydes and upon considerac[i]on of the bill and answeare had did make their certificate unto this courte in these words followinge (vizt) trio aprilis 1632 Jut riem Uvedale ap’ quer Tuppin Scras defenden according to an order of the Fifteenth of June last wee have in p[re]sence of the partyes themselves and of the councell learned on both sydes considered of the matters thereby to us referred and uppon considerac[i]on of the bill and answeare and proofes taken in the cause wee fynde that one Edward Roye was owner of a shipp called the truelove of the burthen of 100 tonnes and halfe owner with the plt of a shipp called the hopewell of the burthen of 40 tonnes and that one Willm Scras a sea captayne the said defendts brother and agent about February 1626 being desirous to goe to sea with the said shipps for men of warr whereof he would goe Captaine did treate with the said Edward Roy & the plt to have the said shippes for the same p[ur]pose and thereupon It was agreed betweene them that the said shippes sholde goe togeather in consortshipp for a yeare under the comaund of the said Willm Scras and should be sharers in what each shipp should take and the defendt was privy to the same agreement and entred into a bond for p[er]formance thereof and the said William Scras then a man but of small creditt or ability and upheld by the said defendant and wee fynde that p[re]sently after the said agreemt the defendt did victuall and furnish the said shippes and that the said Willm Scras went first to sea with the hopewell and with her tooke a hoye worth eighty pound which prooved lawfull prize and pillaged twoe barkes to the value of Forty pound which the defendt Tuppin had and disposed of and afterward the said Willm Scras went to sea with the Truelove and with her alsoe tooke sevrall prizes to the value of 1500 li of all which prizes the plts parte in respect of his moyety of the hopewell comes to a full one and twentith parte But wee thinke fytt to charge the defendt Tuppin with noe more thereof then is p[ro]ved to come to his hand which was the said hoy and the said Forty pounds pillaged whereof the plts parte comes to five pounds 14 s 3 d and wee fynde that the defendte Typpyn and Willm unfurnished the said shipp called the hopewell of her furniture to the value of 50 li a moyety whereof belonged to the plt comeing to xxv li which wee thinke fytt the defendt should be charged with and wee fynde that in Febr 1627 the said Willm Scras [p..aired] of the Earle of Suss a shipp called the John Groyne of the burthen of 160 tonnes for a yeare as a man of warr and that the deft disbursed 400 li towards the furnishing and setting of her out and wee fynde that in Aprill 1628 the plt adventured with the said Willm Scras 170 li in the said shipp the John Groyne videlt one hundred thirteene pound thirteene shillings fower pence in the shipps parte and 56 li 6 s 8 d in the victualling the shipp being valued att 400 li and the victualling parte at 200 li and the plt was to have a Fowerth parte of the p[ro]fitts of the shipps p[ar]te and a Fourth parte of the p[ro]fitts of the victualling parte and there was soe much of the furniture of the said shipp solde to the plt as his owne goods as came to 107 li 13 d 8 d and wee fynde that afterwards in the said month of Aprill 1628 the said Willm Scras with the John Groyne tooke a prize called the Rose of Conquett laden with sugars and other things which the defendt had & disposed of the plts parte whereof cometh to 433 li 16 s 8 d and wee fynde that on the xxviijth daye of Aprill 1628 the John Groyne Joyned in consortshipp with the shipp of the defendt Tuppyn called the Dolphin of eighty tonnes, and that thereupon the Dolphin with the helpe of the Shallopp of the John Groyne and some of her men tooke a wyne prize worth 700 li which the defendt Tuppin had for the which wee thinke fitt the defendt in regard he had the same shold be charged to answeare to the plt for his share thereof amounting to 77 li 15 s 11 d alsoe wee fynde that the said Willm Scras gave unto the plte for his parte of the said sugar prize onely a bill of Exchaunge to receave of the defendt uppon sight thereof the some of 433 li 16 s 8 d and wee fynde that the defendt accepted of the said bill of Exchaunge and paid the plt 83 li 16 s 8 d in parte thereof and for the residue of the said Fower hundred thirty three pounds shillings eight pence It was agreed betweene the said defendt and the plte in July 1628 that for 216 li 13 s 4 d thereof the plt should have one third parte in three parts to be devided of the furniture of the said John Groyne as shee was then att sea and a third parte of the p[ro]ffitts of the said victualling parte and that the defendt should give the plte a bill for the paymt of thirty three poundes shixteene shillings eight pence residue all which? as after and that after the said agreemt the defendt gave direcc[i]ons to one Jesper Cornelius to drawe the same into articles betweene him and the plte and also to make the said bill with the said Cornelius did accordingly But before the same was sealed the said Willm Scras retorned from sea with a prize called the Peter of Callis taken by the John Groyne and other shipps the goods of which prize were worth 3500 li besides the prize shipp which was worthe 500 li more and thereupon the defendt Tuppin offred the plt a hundred poundes for his bgaine with he refusinge the defendt delayed the sealing of the said articles and bill & p[ro]misinge Nevertheles that the plt should have his due according to the said agreement and thereupon wee conceave that the defendte ought to be charged with the said bill of Exchaunge by the said Acceptance thereof and to be charged alsoe by the said agreemte soe p[ro]ceeded in as aforesaid to make good to the plt for his shares in the saide prize according to the partes[?] of the said agreemt which wee fynde prooved to be in respect of the good of the said prize twoe hundred nynety one poundes besides the said prize shipp prooved to be worth and solde for five hundred pounds the plts parte whereof cometh alsoe to 59 li 16 s 5d alsoe the John Groyne afterwardes tooke a French man of warr worth 40 li whereof the plts parte by the saide contracte comes to 7 li 15 s 6 d and that the John Groyne also within the said yeare (videlt) in August 1628 tooke a prize loaden with lynnen cloth worth 1560 li whereof the plts parte comes to 300 li 6 s 8 d alsoe wee fynde that the furniture of the said John Groyne was solde for 400 li a third parte whereof by the saide contracte with the defendt belonged to the plt and comes to 133 li 6 s 8 d and wee fynde that the defendt hath not paid the thirty three pounds sixteene shillings eight pence for which he was to have geven his bill as aforesaid which said sevrall parts & somes of mony soe belonging to the plte by v[ir]tue of the saide contracte with the defendt Tuppin upon the said bill of Exchaunge together with the aforesaid somes of 5 li 14 s 3 d and 25 li doe amount to the some of nyne hundred thirty fower pounds twelve shillings and a penny and wee thincke fytt that the defendt ought to be charged with the same unto the plte But as touching sondry other prizes confessed by the said defendts answeare to have beene taken by the said shipp called the Dolphin that was in consortshippe with the said John Groyne to the value of seaven thowsand pound which the defendte had for soe much as yth doeth not appeare unto us that the same prizes were taken during the tyme of the said consortshipp wee doe not thincke fytt that the defendt shalbe charged with any parte thereof to the plt neither with any benifitt that the to accrewe to the plte by v[ir]tue of his said contracte with the said William conc[er]ning his said adventure in the said John Groyne excepting the foresaid wyne prize soe that yt appeareth to us by any of the proofes that any of them savinge the wyne prize came to the defendt Tuppins hand nor for Anie[?] Shares claymed by the plt by v[ir]tue of a lre of attorny made unto him by Robte Roye and retayne shares which he bought of the said lynne prize nor for anie other thinges demaunded by the pltes Bill But wee thincke fytt that the plte for the same be left to take such remedy as he can against the said Willm Scras alsoe wee further fynde that after the said prize of the Peter of Callis was brought home and adiudged lawfull prize in the admiralty courte in usum Jus habentm the said defendt and Willm Scras refused to geve the Plaintiff his shares due in the said prize and the said Willm Scras without any newe contracte or agreement with the Plte or any assent from him went to sea in the said Peter of Callis as a man of warr and named her the Falcon and within the said yeare tooke with her twoe other prizes prooved to be worthe three thousand eight hundred Forty poundes and adiudges likewise lawfull prize and thereuppon the Plte by his bill claymeth to have a hundred Fifty three poundes which is the Portionable share of the said prize according to his parte which he was invessed[?] in, in the said Falcon But as touching the same wee doe thincke fytt to forbeare to deliver any opinion therein humbly leaving the same unto the more approoved Judgement of this noble courte: Ro Riche: Edw: Balter as by the said Reporte of the said maisters remayning alsoe of Record in this courte maye alsoe appeare after which said Reporte fyled (vizt) uppon the eighteeth daye of Aprill in this p[re]sent eighth yeare of the Raigne of our saide sovraigne lord king Charles yt being humbly prayed that the defendt Tuppin Scras might be ordered and decreed by this court to paye the above menc[i]oned nyne hundred thirty Fower pounds twelve shillings and a penny unto the said Plaintyff which this court conceaved reasonable It was then ordered that unles the Defendt Tuppin Scras uppon p[ar]tes of Subpn served sholde be the retorne thereof shewe unto this court good cause sholde paye unto the Complaynant the some of nyne hundred thirty fower pound twelve shillings and a penny aforesaid which subpn being awarded and ordered[?] upon the the Defendte as by affidavit appeares and new cause being shewed to the contrary either by the viijth of May one thousand sixe hundred thirty twoe or by the Fifteenth of may 1632 for ought appearing which the Register of this courte as by his certificate under his hand subscribed to the said order doth appeare It was uppon the sixteenth day of the same moneth of Maye by an other order made on the behalfe of the said defte by maister serieant Crewe & Mr Rogers being of the defendts councell & & recitinge the former order of the eighteenth of Aprill upon reasons then given It was prayed and soe ordered that the matter might be referred back againe to the saide maisters and Mr Doctor Eden one of the maisters of this court to be Joyned in Reference with the said maisters that they might consider of theire former Reporte and heare the partyes on both sydes and p[ro]ceede in the matter according to the direcc[i]on of the order uppon the hearing of the cause and in the meane tyme all p[ro]ceedings upon theire said former Report was stayed according to which last menc[i]oned order the said Sir Robte Rich Sir Edward Balter and Doctor Eden made theire Report in these words following vizt decimo nono Junij 1632 Jut Ricm Uvedale ap quesen Tuppin Scrase & Willm Scras defenden according to an order of the sixteenth of May last wee have in the p[re]sence of the partyes themselves Richard Uvedale and Tuppin Scras and of the counsell learned on either syde considered of the former Reporte made in this Cause this Aprilis on thowsand six hundred thirty twoe by twoe of us (vizt) Sir Robert Rich and Sir Edward Balter and examining the said Reporte and all p[ar]ticulers in yt with the bill and answeare and proofes taken in the said cause wee doe not fynde cause to alter the said Report in any p[ar]ticuler from the beginninge thereof unto the last clause thereof exclusive beginning thus alsoe wee further fynde that after the said prize of the Peter of Callis @ and for the said last clausee beginning as is aforesaid unto the end of the said Report wee fynde that after the shipp called the Peter of Callis menc[i]oned in the said Reporte and her lading was brought home and adiudged lawfull prize in the courte of admiralty in usum Jus habentin the said defendt Tuppin Scrase & Willm Scras refused to geve the Plt his shares due in the said prize and that the saide Willm Scras went to sea in the said Peter of Callis as a man of warr and named her the Falcon and tooke with her twoe other prizes and although the said Willm Scras soe went to sea in the said Peter of Callis without any newe contracte or agreemt with the Plte yet wee conceave the Plte is to have 153 li of that 3840 li which is the Portionable share of the said shipp the Peter of Callis als the Falcon all which notwithstanding wee submitt to the grave Judgemente of this noble courte Ro: Rich Edw: Balter Tho: Eden as by the Report of the saide three maisters of this courte remayning alsoe of Record in this courte maye appeare which said last Report being redd in courte upon the opening of the matter uppon the xxth daye of this instant July by Mr Rich being of the Plts councell It is this p[re]sent terme of the holy Trinity that is to daye on Wednesdaye the twentieth daye of June in the eight yeare of the Raigne of our sovraigne lord Charles by the grace of God king of England Scotland Fraunce and Ireland defender of the Faieth & by the right honorable Thomas lord Coventry lord keep[er] of the grette Seale of England and by the power and authority of his said [majesty’s] most honorable and high courte of Chauncery ordered adiudged and decreed that the said defendant Tuppin Scras according to the order of the eighteenth of Aprill last past shall paye unto the Complte the some of nyne hundred thirty and fower poundes twelve shillings and one penny and for the last clause which in the former Reporte was left to the considerac[i]on of the courte Forasmuch as the said three maister fynde that after the shipp called the Peter of Callis menc[i]oned in the former Reporte and her lading was brought home and adiudged lawfull prize in the courte of admiralty in usum Jus habentin the defendt Tuppin Scras and Willm Scras refused to geve the Plte his shares due in the said prize and that the said Willm Scras went to sea in the Peter of Callis as a man of warr and named her the Falcon and tooke with her twoe other prizes prooved to be worthe three thousand eight hundred and Forty poundes and adiudged likewise lawfull prize and that although the said Willm Scrase soe went to sea in the said Peter of Callis without any newe contracte or agreement with the Plaintiff yet they conceaved the Plte is to have one hundred Fifty three poundes of that three thowsand eight hundred and Forty pounds which is the Portionable share of the saide prize according to his ownage parte which he was invessed in the said shipp the Peter of Callis als the Falcon It is therefore the same daye and yeare and by the authority aforesaid likewise ordered and decreed that the said defendte shall also paye unto the Plaintyff the said hundred Fifty and three poundes according to the said latter Reporte c[er]tified by the all the said three maisters and both the said Report are decreed to stand in force/