This transcript is published here with permission of the The National Archives, London. It is published here for the personal
use of genuine Family History Researchers, and must not be
otherwise reproduced or republished in any
way without permission.
The National Archives: C 12/857/14
Yeoman v Wilkinson (1755)
Brief
notes on what are very extensive documents, both bills of complaint,
and the answer are each greater in size than two sheets of current A3):
Complaint
of John Yeoman, Whitby, County of York, Gentleman surviving executor of
the will of James Yeoman the elder of Whitby, Gent (date obscured, but
the second, amended, bill of complaint, see below, is dated 23.1.1756,
therefore this original must be dated between 1751 and January 1756)
-
John Wilkinson of Whitby, Mariner had built c. 1728 a ship of about 300
tons, value about £1856 called BUCK to carry coals etc.
- August 1728 James Yeoman the elder, Master Mariner, bought a share of 1/64 in the said ship for £29
-
James Yeoman was a freeman of the port of Newcastle upon Tyne and as
such was entitled to 1/64 part of 5d per chaldron of coal and 4d per
chaldron of ballast carried by the said vessel, which the complt claims
amounted to a significant sum over several years but was never
accounted for to the testator or his executors
- The ship traded
for many years between Stockholm and ports in Great Britain, down to
about 1742. In or about 1742, John Wilkinson started to employ the ship
in trading contraband to Sweden to increase the profits, but without
the consent of the part owners
- John Wilkinson was arrested
& detained in Sweden at about this time, and the ship remained
there throughout the winter, causing great damage to the timbers, masts
and rigging etc. through wintering in such a northern & exposed
climate
- The ship was wrecked in about 1747
- James Yeoman deceased in about 1751, his will dated 1750 named John Yeoman & James Yeoman the younger as executors
- James Yeoman the younger is now dead
- Complt lists all the believed part owners of the ship, as:
John Walker of Whitby, Master Mariner;
Abel Chapman & Jonathan Porritt of Whitby surviving executors of Jonathan Lacy decd;
William Webster of Stockton on Tease executor of William Webster of Whitby, Master Mariner;
John Sleightholm of Cock Mill, Whitby, Yeoman;
Mathew Dove, Simeon Warner, Timothy Goodwin all of Wapping, Brewers;
Robert Walker, South Shields, Butcher;
Robert Ward, Whitby, Joiner & Blockmaker;
Elizabeth Atkinson, Newcastle, widow & executrix of Charles Atkinson, Newcastle, Coal Fitter;
Israel Preston of Ruswarp, Whitby, Master Mariner & Ann his wife administrator of William Foster, Whitby, Innholder decd;
Charles
Gore late of the City of York but now of Southampton & Mary his
wife surviving executrix of Thomas Cockrill late Scarbrough, Roper
decd;
Deborah Birkitt, Whitby, administratrix of Gideon Dent,
Whitby, Master Mariner decd not administered by her late husband Thomas
Birkett decd;
Richard Ellison, Thorne, York, Gent & Esther his
wife & Mary Walker of Whitby, spinster, which said Esther, Mary
& Rachael the wife of your orator (ie John Yeoman the complt) are
daughters and executrixes of Henry Walker late Whitby, Gent.
-
complt claims that John Wilkinson is combining and confederating with
the above "who are or pretend to be part owners of the said ship", and
who claim John Wilkinson did not build or operate such a ship as
claimed.
- he then claims that they admit the ship was built and trading, but always traded at a loss
-
he also claims that the ship had been freighting many thousands of deal
planks which were never accounted for and were instead traded by John
Wilkinson on his own account which he ( ie JW) claims by custom he was
allowed to do
- complt also claims that much loss & damage
to the ship was occasioned by John Wilkinson's running his contraband
trade without the permission of the owners
Second, amended, bill of complaint of John Yeoman, Whitby, County
of York, Gentleman surviving executor of the will of James Yeoman the
elder of Whitby, Gent (dated 23.1.1756)
-
This document appears to be substantially the same as the first bill of
complaint, although the list of part owners accused of "combining &
confederating" has been amended to read:
John Walker, Whitby, Master Mariner;
Benjamin Lotherington, Abel Chapman & Jonathan Porritt, executors of Jonathan Lacy, decd;
William Webster, Whitby, Master Mariner;
John Sleightholm, Cock Mill, Whitby, yeoman;
Mathew Dove, Simon Warner & Timothy Goodwin, Wapping, Brewers;
Robert Walker, South Shields, Butcher
Robert Walker, Whitby, Joiner & Blockmaker
Answer of John Wilkinson
- long & detailed answer to the complaints listed
-
provides a summary of the dividends paid out to the part owners for the
years 1728 - 1747, except for 1741 & 1742, claiming to show that
James Yeomans had received his share of the profits
- notes the ship was wrecked near Yarmouth
- provides a summary of the owners at the time the ship was wrecked as:
1/64 James Yeoman the elder
9 or 10/16 John Wilkinson
1/32 John Walker, Whitby
1/32 Jonathan Lacy, Whitby
1/32 William Webster, Whitby, Master Mariner
1/32 and half of 1/64 part John Sleightholm
1/64 Mathew Dove, Simon Warner, Timothy Goodwin, Wapping, Brewers
1/64 Robert Walker, South Shields
1/64 Robert Ward, Whitby
3/32 Charles Atkinson decd
1/16 Henry Walker, Whitby, decd
1/64 William Foster, Whitby (exec Ann Preston, late Ann Burton)
1/16 Thomas Cockerill, Scarbrough
1/64 Gideon Dent, Whitbby, Mariner