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The Jonathan and Abigail vs. Daniel Edwards

P1090919
f. 1r.

16:o Aug:ti 1666
Super allon apud acta ex parte
drorum Brandling et alXX

THOMAS ANDREWS de Wapping in parro
S:ta Marice Matsellon als WhiteChappell
annos agens 42 aut XXXXXXXX
testis produit et Juratus.

Ad dictam allegacconem deponit et dictit thathee hath for severall
yeers last knowne the allegate shipp Jonathan and Abigaill Thomas
Morley^[1] Master. And saith that hee hath bin informed by the said
Morley and the Merchants the ffreighters that the said Charles
Caryll on behalfe of himselfe and Company tooke to ffreighte
the said shipp Jonathan and Abigall (sic) two hundred and fourty tonnes
certaine to the best of his remembrance to goe from this port of
London to Archangels in Russia thence back againe to this port of
London with such goods as the said Caryll and therest of y:e ffreighters
should send aboard, and the said ffreighters as appeares by the said
Charterparty were to pay for ffreight at the rate of 6:li 10:s per tonne
primage and average XXXXX And saith that about the time of the said affreightment there was
a generall Embargo upon all English shipps and a generall Imprsse for
all seamen in the publiqe service, and the sd Caryll taking notice
thereof this deponent heard him promise to procure a lycense for
the sd shipp and a proteccon for her mariners from these Imprests
And not long after the said promise hee saith the sd Caryll gave by the
hands of this deponent to the sd Morley a paper or writing which hee
procured upon the sd voyage as also a protection for the security
of y:e marriners from the sd Impresse. And the sd Morley having
soe received the same ffitted and prepared the said shipp for the sd
voyage had Expended as hee verlily beleeveth in the calking, graveing
rigging and fitting her out clearing at y:e Custome house and at
Gravesend neere one hundred pounds y:e whole charge amounting ?to 400:li to sett her to sea and did hire mariners to saile
and serve in the said shipp, the whole company with the M:r and boy
consisting of 34 or 36 persons and provided and furnished the said shipp with
provisions necessary for the said voyage for the space of foure or five monthes. And the sd shipp being ready the said Merchants sent
severall goods on board to bee carryed in her the sd voyage but
he beleeveth that the sd Merchants were not bound to send any goods
aboard but the said shipp might have gon in her ballast thither
And the said ship lying windbound in Bugbyes hole being ready
to proceede upon the sd voyage the sd Morley in this deponents
hearing advised the sd Caryll and Bell two of his said ffreighters to goe
downe to y:e Generalls of y:e ffleet then riding at the buoy in the XXXX
and to carry with them y:e said passe or oroteccon as they affirmed it
to bee and show it to y:e Generalls and know of them whether by XXXX
thereof they might proceed upon their said voyage. Howbeit the sd
Caryl and Bell refused ffor to doe and with the other ffreighters importuned

P1090920
f. 1v.

importuned and urged the sd Morley to goe downe with his shipp
which hee accordingly did with the first faire wind the sd Carryll
and Berry two of y:e said ffreighters going downe in the sd Morley's shipp
and Bell and Thirsby in this depots shipp which shipp was also ffreighted
by the sd Carll and Company for the sd voyage and was to goe in ?Company
with the Jonathan and Abigall. And comming into the Buoy and the XXX
the Generalls commanded the sd Morley and this depots shipp to an Anchor
and sent for the merchants and the said Morley and this depot who
accordingly comming aboard Captaine Hobart Capt of Royall Charles
told the said Morley and this depot that y:e Prince and the Duke would
see their proteccons, And the s:d Morley and this depo:t accordingly
gave him the very same papers that Mr Caryll had before
given them which they had affirmed to be the lycense and protteccon aforesd. and after
saying that the Generalls had seene the, And saith that about the
same time y:e Generalls under theor hands sent an order to the sd Capt:
Hobart to empresse, and the sd Hobart or some employee under him did by
virtue of the sd Warrant impresse all y:e seamen saving fifteene men to bring the
shipp back into the river of Thames. And much about that time
the sd Capt Hobart and the Lieutenant of y:e Royall Charles told
this Deponent and y:e sd Morley that had the Merchants come downe before the
shipps and addrest themselves to y:e Generalls, they beleived the Generalls
would have suffered them to have proceeded on their sd voyage
with their full number of men and not have imprest them.
The premisses hee deposeth and knoweth to bee true Having seene
y:e Charterparty, and to his best remembrance seing the same
signed. And ffor that this depo:t lett his shipp to ffreight to the said
Caryll and Company and was bound to goe the same voyage
and being an eye and Earewitnesse of the premisses and
acquainted therewith. And the merchts hee saith were also aboard
and were eye and eare witnesses of y:e premisses namely of the Impresse
of the men and sending the sd shipps back againe into the river
of Thames whereof she came to an Anchor at Ratcliffe ?Chaine on or about the 30:th
or 31:th of June last past, Rtalr nescit deponere.

Ad Interria

Ad primum rendit that hee was the time Interr and now is M:r
if y:e ship the Owen and David and is owner of an Eigth part
of her Etalr nescit.

Ad 2:th deponit that hee XXX and appeares in this busienes on the
behalfe of his owners being as M:r of y:e said shipp ?aferX:t to them and ?perceiving XXX
of them which is XXX about six pounds y:e month. And this XXXXX XX y:e
only person signing y:e Charterparty for letting the said shipp the Owen
and David to ffreight to the sd Merchants parties in this suite on behalfe
of himselfe and the rest of y:e said owners, Whose names and parts
in theOwen and David are as followeth vizt John Sands owner of
an 8:th John Harris of a 16:th, Edward ffenn of a 16:th Walter Hampton and
M:r ?Hanning 16:th Thomas Hancock 16:th John ?Asty 16:th M:r ?Walter
?Wild a 16:th John ?Chaston 16:th David Sidney a 16:th Thomas
Davies 16_th Richard Adams 16:th this depo;t an 8:th And knoweth
not Who are the owners of y:e Jonathan and Abigaill saving he
hath heard M:r Morley say that M:r Brandling and M:r Hoopers are

P1090921
f. 2r.

parties in this suite are two of his owners but of what parts hee knoweth not nor
hath heard Aalis nescit rendere.

Ad 4 et 5 deponit that at the time or times of treating for y:e ffreighters
of the sd shipps Jonathan and Abigail (sic) Owen and David this depot and the
sd Morley knew that there was a generall Imbargoe upon all English
shipps and a generall impresse for all seamen. And saith this depot
agreed with the sd caryll that hee and or the rest of said ffreighters should
procure a lycense and proteccon for the sd shipps and mens the said voyage
and they bringing the papers predeposed being as the sd Carykk
alwayes affirmed a lycense and proteccon, this deponent then signed the Charterparty and not before, And he beleeveth
and is well assured that the sd Morley did the like.

And saith the
saidproteccons were signed (James) and the Anchor (a Seale)
was put to the topps or heads of them. And this deponent saith
that had the said proteccons bin sufficient (which this depot
and the sd Morley never beleeved they were in regard the sd
Caryll would not procure them a lycense to ?neere y:e Kings XXXX
the Generalls would not have impeded the voyage by the impresse
of their men and ordering the said shipps back againe to this
River, And the sd passes or papers are in the hands of M:r Sukly
the Procter. A alr referendese ad predeposta nescit XX

Ad 6 et 8 rendit that the sd Caryll. Bell, Perry and Thirsby and XXXXXX y:e sd ?Caryll did at
Greenewich and London after the obtaining the sd passe and
before and after the sealing of y:e Charterparty Interr declare
and affirme that the sd lycence and proteccon. would cleare
them from being hindered or molested in their said voyage. And the
said ffreighters nor any of them did not promisse to pay the
Charges of fitting and preparing, or of victualling the said shipp.
or to pay the mariners wages in case the said shipps or any
of them should bee stopped or hindered in their said voyage. Et
alr nescit rendere.

Ad 8 et 9 rendit that the Owen and David os of y:e burthen
of about 200 tonns or thereabouts the Jonathan and Abigail
about 250 tonnes and this deponents freight for this voyage
would have amounted to 1200:li or thereabouts and the ffreight
y:e Jonathan and Abigail about 1500:li as hee beleeveth. And saith
that y:e voyage in question is usually made in five or
six monthes, And saith that the sd ship Owen and David cost this depot
about ?1800Li sterln and hee bought her before this voyage namely about about twelve moneths time. And saith
the said shipps Owen and David and the Jonathan and Abigail
had not bin fitt for the voyage in question unles they had
bin reparied and fitted in the same Conditon she went downe
int to the buoy and Nore. But as to the particular repaires and summes
of money expended he saith they are entred and mencconed
in his ship booke which booke he shall be ready to produce for
y:e informacon of Court when required thereto. And the Jonath
and Abigall with her tackle apparrell and furniture hee judgeth

P109022
f. 2v.

to bee worth 1400:li or 1600:li sterling And saith the said shipps
if either of them goe upon another voyage must bee ?new
caulked rigged and graved, snd severall other things done
which are wanting and will bee but necessary. Aalr nescit
renera.

Ad 10 rendet that in the time of peace three pounds
five shillings have bin usually paid per tonne. And soe much
this depo:t hath had per tonne having bin severall
times the voyage Interr. But are not then at halfe the
Charges for wages as they are now at. Hee remembreth
not what hee made the last voyage with his shipp which
voyage Was about two yeers since. Etalr nescit rendera

Ad 11. 12. et 13 rendit That he is to beare and Eigth part of
the whole shipps Charges being the owner as aforesaid of an
8:th . And saith that hee is to pay and hath paid for marriners
wages fitting and setting out the sd shipp Owen and David ?according
to the Note thereof which hee now leaves. And he also
leaveth a Note of the quantities qualities and prices of the provisions
of the said ship and what were spent by y:e shipps company to which
herefforth himselfe having compared them with his said  ?note
and made them to agree in every particuler. And saith hee
had an adventure consisting of woolen Manufactury, stuffes,
and other goods. but the perticulers and quantities he now remembreth
not but saith the same may beknowne by his cockets remaining
in the Custome house. some part of his Adventure yet on board
and some on shore, and denieth that ever hee
since the sd shipps returne ever proffered to sell any of his clothes
or other part of his Adventure for losse or otherwayes and did
suffer dammage as hee is an Eigth part of the sd shipp Et
alr nescit rendere neiscit quid credat.

Ad 14 renat that he beleeveth the goods mencconed in the
bills of lading were lading on board the ship the Jonathan
and Abigail Interr and knoweth the firme of Thomas
Morley thereto to bee of his the sd Thomas his
handwriting And saith hee hath heard M:r Richard Perry
and some others of y:e ffreighters acknowledge that they
had received all their goods from on board the Jonathan
and Abigail according to the bill of lading And as to the severall
parcells of goods and quantities and qualities laden aboard the Owen and David hee
refereth himselfe to the Bills of lading signed by him upon
the receipt of those goods contents and Qualities not knowne
all which are returned againe to the sd ffdreighters save
100 slabbs of lead Which lieth yet on board at the
request of M:r Daniell Edwards etalr nescit.

P109023
f. 3r.

Ad 15 REndit that M:r Suckly has y:e order Interr and
has a copy now about him. there is mot any command
therein to pay y:e mariners wagaes. Et alr salvis prodepstis
nescite deponets

Ad 16 et 17 rendat that some of his mariners were hired
by the voyage others by the month, and one with another hee
reconeth their wages to bee about fifty shill a man per month.
And saith that two or three of his said men were hyred
about a weeke or tenn dayes before the sd shipps Went out from
Bugbys hole, In time of peace hee saith it is usuall to hire men
at Halfe pay in the River of Thames, until their falling
downe to Gravesend and untill they shall bee cleared there.
There was noe ffreight to bee paid according to y:e Charter
party untill the shipps returne. Onely primage and Average
at the delivery of y:e Goods at Archangell. Et alr nescit

Ad 18 rend:t that this depo:t and the said Morley advised the ffreighters
of some or one of them to goe to the ffleete as is Interr. andproffered to beare their Charges up and downe. And saith that M:r
Caryll and Bell came to London but whether they tooke
any Advice of merch:ts about that busienes hee knoweth not.
EtAlr nescit

Ad 19. 20 et 21. Rendat that these two sutes in his Judgmt are one
and the same, and the Charterparties are thesame saving the shipps
names y:e owners the burthen of y:e shipp the Masters names, number
of men. And hee beleeveth the determinacon. will bee one
and the same, M:r Suckly is proctor. S:r W:m Turner S:r Walter
Walker are Counsell for this depots owners. Morley is Examined on this
deponents owners behalfe, and this deponent on the sd Morleys hath
not had Communicaccon with any about this busienes, or his disposition
herein: Before this suite was commenced this depot on behalfe of his
owners proffessed to and would have left the decision of this busienes
to the award of any unconcerned merchts: the owners hee saith are
not to pay any thing to the ffreighters as to any losse or dammage
in regard as hee saith these ffreighters were not bound to lade any
goods on board, and also for that they failed in their lycense and
proteccon. And these Caryll and Edwards hee saith many times
declared to this dep:t and the s:d Morley that they had bought
the hreatest part of y:e goods the yeare before and could not
shipp them of that yeare. As to the ffreight and damages
sued for by this suite he referreth them to the determinaccon
of y:e law: And saith that hee beleeveth that he came from the buoy in the
Nore in three or ffowre days space. to Ratcliffe Chaine. And saith the sd
ffreighters neversent a boate or bills of lading to take away their said
goods untill they were by order from this Court summoned to appeare
and show cause why they would not ffetch away their goods &
pay this depot and his owners their Charges. And M:r thirsby he saith
XXX:t before y:e sd processe was issued out said that the shipp was a
good warehouse for their goods. Etalr nescit

THOMAS ANDREWS [His signature]

Repetit coram dre
lloyd. SaXX XXXX Edwardo Browne not. pubb.

Case: Rex vs. the St Peter, of which Rasmas was master

P109024
f. 3v.

Dmus M:r Rex con Navem y:e S:t Peter)
suon Rasmas est magister)

XXXX XXXX$$Sug Interriys in proppario XXXXXX

I:us SVEN RASMUSOND Master (and in SuoXia Navarchus dicte
navis annos agens 50:ta ant XX rirter testis producent et JuruXXX
dicit et deponit proXtxxx

Ad j:n 2 et reliqua Interria deponit that hee will knoweth the
Interr shipp S:t Peter, and hath sailed in and bin M:r of her for
one yeere last past, during all which time she hath
belonged to Masterland in Sweden, and to subjects of the said King,
And saith his owners and their parts are as followeth viz:t. Hanco
Croosen of Masterland owner of one eigth part. Hanco Martinson of
Stockholme of an Eigth part, Olock Tromon of Stockholme of an Eigth
part John ffrick of Stockholme also of an Eigth part, and this deponent
of the other halfe part of the said shipp, all subjects and natives
of his Majesty of Sweden, and Eminent Burgers of the Cities of
Masterland and Stockholme And saith that y:e foresaid Crooson is
a native and an Alderman of y:e City of Masterland aforesd, and the
other three are Burgers natives and Inhabitants of y:e City of
Stockholme and for and as such commonly accounted. And
saith the said shipp was about a yeare since built at
Masterland, by order of this deponent on behalfe of himselfe and y:e
rest of y:e foresaid owners. And saith that the said ship hath made
three voyages since y:e ?sd building. The ffirst was from ottenborow
in Sweden to Hamborow with Iron, Pitch, & XXXlis, ad from thence to Masterland
with salt. The second was from Masterland with Herrings to
Stockholme, and there this depo:t tooke in a lading of Pitch, tarr,
Iron and some Dealeboards, for and to bee delivered at this
city of London to Charles Marisco a merchant here, And saith the
same were laded at Stockholme by Jacob Mumma, Abraham
Mumms, Abraham Veruson all Inhabitants in and XXXX
of Stockholme, for their owne account consigned to and to bee delivered the foresd
Charles Marisco, and the quantities and qualities were as followeth twenty thhree
lasts of tarr, twenty lasts of pitch, ffive hundred shipp pounds
of Iron. Every shipp pound conteining three hundred w:t of Iron
and ffive hundred DEales being his whole shipps lading. And
saith noe part of his lading belongeth to any of the subjects of y:e ffrench King or King of Denmark or any in Enmity with this
Crowne. And saith that there was noe ffrench Dutch or Danish
ffactor or supra Cargo aboard his said ship the foresd voyages
or y:e voyage in question where in hee was seized. And at seizure
of y:e sd shipp he saith hee had with himselfe and his Company
consisted of Eight mariners all natives of and hired by this depo:t
at Masterland in Sweden aforesd, and subjects of the sd King. Nor XXX XXXX
live in any of y:e Dominions or territoryes of y:e ffrench King Dane or
States of y:e United provinces. And saith that y:e papers and writings at
the sd shipp were delivered to y:e Captaine of the ffXXXXXXX who XXXXXXXXXX
of of Yarmouth as he was comming with his sd ship and lading to
London, and afterwards the sd shipp was sent up into y:e river of Thames
and is there now remaining. And saith there was noe papers or
writings burnt, torne, concealed or any wayes made away. And saith

P109025
f. 4r.

?y:e foresaid seizure happened on the 12:th instant And saith
that at his sd siezure he declared to y:e Captaine of y:e vessell that tooke
him that his said shipp belonged to Masterland
and that hee was to goe with his ship and lading to Ostend, and
showed him his passe which hee had on board purporting soe
much, ffearing the seizor might have bin ffrench, Dutch,
or Danish man being very darke in y:e night which passe they did clourably that they might
thereby gett through the Sound. And saith she had at her
sd
seizure and never ?caried any but y:e Swedish fflagge or ?poles nor
ever had any other on board her, And saith that there were noe goods
betweene the said shipps docks she having but one deck. at the time of her said seizure,
and that the sd shipp is of the burthen of about 60 lasts and hath
bin M:r of her ever since her building at Masterland as aforesaid
And lastly saith that for the lading in question hee signed bills of
lading all of one tene:r as they are found in And taken out of y:e said ship
by the seizor Et Alr nescit

SVEN RASMUSSEN [His signature]

BREAK IN PAGES

P1100182
f. 132r.

The Godliffe and upon such his comming aboard hee declared that hee was to have
y:e said shipp up in to Chichester river by the said ?Bearnes order And the pilot endeav:ring
to effect it ran the said shipp aground where she stuck soe fast that she lay aground
about fourteene or ffifteene days together. Although y:e sd Bearne and Company
heard over board severall and very many tonns of wine to lighten the sd
shipp endeavouring thereby to get her off, And saith that whilst she soe
lay aground severall people came and carried wine in caskes which they brought
with them away and dranke and embezled a very considerable quantity namely about 30 tonns as he concebeing parte of y:e shipps XXXX, to y:e
great dammages of y:e sd owners. And saith that the sd shipp lyeth about two houres
every tide affloate and her under deck is risen up a great deale and y:e Main mast
hee saith riseth every tide about a ffoote and halfe and she is in soe leaky and
bad a condiccon that hee questioneth whether she will ever get to sea againe. All
which is occasioned by y:e foresaid seizure. Et alr nescit

Ad 10:d deponit that y:e foresaid Michael Sansier was suddenly confined as a prisoner
And was kept in custody by the means of y:e said Borne and his Complices under
The pretence of being a Holland:r. Et alr nescit

Ad 11. 12. 13. Et 14. Nescit et preparto sua neve

Ad 15 nescit that y :e sd Borne and Company kept y:e M:r of y:e Godliffe and her Company
In Custody two monethes together or thereabouts after y:e said seizure and would
Not allow them XXX Inck or paper to write to any ffreind Nor suffer any man
To goe ashore but with a keeper. Et alr nescuit

Ad alr discit predeposta sua de vero

Signum dei F H Philippi (His mark)

Idem super allone dat. 11:o Decembris 1666

Ad primum nescit salvis subscriptis

Ad 2 deponit that y:t voyage in question is irst voyage that hee hath made in the sd
Shipp Godliffe which was from Ostend to Nants and had she not bin
Seized she had returned thether Againe Et alr nescuit

Ad 3 et 4 arles deponit that y:e aclate John Johnson was none of y:e shipps company
The voyage in question. And came on board Captaine Berbeaty y;e Cowes and at Chichester y:e sd Johnson came often onboard y:e Godliffe and hath staid there severall
Days together by y:e meanes and at y:e request of y:e sd Bearne and in his service as hee
Conceiveth. A alre nescuit

Ad 5 arlum deponit that some time after y:e said shipp came into Chichester one Capt
Bradshaw said to bee an officer of his matys Customshouse came on board y:e sd
Shipp and sealed up the hathces of y:e said shipp in order to and for preservaccon
Of y:e goods from ffarther plunder, And the said Bradshaw sealing up also a lile
Doore wherein y:e potts of sweet ?muskes were put y:e sd Johnson said that hee would
Broke open those seales XXX they are not worth a fart (sic) I will put downe my breeches
And shitt upon them or hee spake in words to y:t effect. And saith that a ffattman
One of y:e privateers owners as hee supposeth brooke up y:e said doore and y:e said Johnson
Or some of y:e XXX Company tooke away y:e said ?sweetmeets and onshore namely at the house of one Egbert an
Alehouse keeper in sicklesham this depot. Saw y:e sd Johnson break open y:e caskes of sweetXXts
Whereon y:e foresd Bradshaw had put his said seale. A Alr nescit

Ad 6 deponit that y:e aclate Joseph ?Verflett is one of y:e shipps Company and is a married
Man, and supposeth him to dwell either in Bridges or Osetnd. Et alr nescit.

P1100183
f. 132v

Image is very unclear. Need to re-image

severall people came with potts

XXXX

Super allon XXXXXXX

P1100184
f. 133r.

Ad 7 deponit that there is noe such person belonging to or one of y:e Godliffes
Company XXX XXXX Mays. But saith there is one Matheas who us Carpenter of her et alr
Nesuit

Ad 8 rent that y:e aclate ?Casher is one of y:e Company of y:e God liffe and was hired
At Bridges and is said to bee a native of ?RoesBrooker. Et alr nesuir

Ad 9 deponit that y:e aclate ?Arrionson was hired at Ostend and served in the sd
Shipp about 3 monthes before y:e said seizure. Et alr nesuit

Ad 10 deponit y:t y :e aclate Claes Brookehhosen is stiersman of y:e Godliffe and
Lives at and is a burger of Bridges and a subiect of y:e King of ffrance
Et alr nesuit

Ad 11 deponit that The aclate Mary Bashee came as a passenger in y:e sd shipp
From Nants and was to goe to fflanders. Et alr nesuit

Ad 12 deponit y :t y :e aclate Peter Johnson was also a passenger and came sick aboard
Y:e sd shipp at Nants and paid to XX XXX XXXX A alr nesuit

Ad 13 deponit that y:e aclate George Jacobson is a Dunkirker borne, but hee lived
And liveth in Newport in fflanders, Et Alr nescuit.

Ad 15 deponit that hee well knoweth y:e aclate Lodwick Wittenburgh who has lived
As he supposeth all his time and is a native of Bridge. Et alr nesuit

Ad 16 nescuit salvis predeportis

Ad 17 deponit that hee hath seene y:e sd Boarne and Company beate and abuse y:e
Godliffs Company and kept them in awe and feare and under restraint. Et alr nescuit

Ad 18 deponit that hee hath heard the said Bearne declare that whether y:e Godliffe
And he lading were free or unfree hee would keepe them about fower or five weekes
Before XX could bee cleared. Et alr nesuit

Ad 19 deponit that y:e Godliffe was visited and dismissed by y:e Captaine of y:e Bredah
Upon y:e rusall of y:e papers. Et alr nesuit

Ad 20 dicit predeporta per ?um XX vera

His signature

P1100185
f. 133v.

Transcriptions

Notes

Possible primary sources

Possible secondary sources

1. ↑ Thomas Morley. Possibly Thomas Morley (b. ?, d. ca. 1672), mariner, of Wapping, Middlesex (PROB 11/338 Eure 1-54 Will of Thomas Morley, Mariner of Wapping, Middlesex 15 April 1672)