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| − | '''HCA13/71'''
| + | #redirect HCA 13/71 |
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| − | '''Editorial history'''
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| − | 16/12/11, CSG: Created page
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| − | __TOC__
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| − | ==Cooke and Johnson ag:st Batson==
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| − | '''Context'''
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| − | Richard Batson was a citizen and cutler of London. In the late 1640s he became involved in Barbados through the purchase of plantation land for the cultivation of sugar. His nephews, Thomas and Henry Batson, sons of his brother William, served as his factors on the island.<ref>PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667. See [[MRP: Richard Batson will|Richard Batson will]]. For an abstract of the will see ''The Journal of the Barbados Museum and Historical Society'', vols. 12-14 (XXXX, 1944), p. 70</ref> His name appears as a prominent Barbados planter in several documents in the early 1660s.<ref>For example, 'March ? 40. Petition of the planters, merchants, and traders to Barbadoes to the King', in [http://www.archive.org/stream/1964colonialrecordsc05greauoft#page/14/mode/2up Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668 (London, 1880) p. 14]</ref> He, Martin Noell, and a number of other planters and/or merchants, received warrants from Barbados officials in 1652 and 1653 to import horses to the island for use with the sugar mills.<ref>October 3rd 1652, Order of the Council of State (XXXX, Vol. LXI., p. 71); June 11th 1653, Order of the Council of State (INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75)</ref>
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| − | The case in April 1656 before the High Court of Admiralty concerned the loss of a cargo of 45 horses to be carried by ship from Norway to Barbados for Richard Batson & Company. One of the deponents, the merchant William Tickell, is identified in a separate legal document, dated 1660, as one of Richard Batson's two attorneys on the island.<ref>Peter Wilson Coldham, ''The complete book of emigrants, 1607-1660'', vol. 1 (XXXX, 1987), p. 482</ref>
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| − | Richard Batson was involved with East Indies trade as well as with the West Indies. In 1649 his name was included on a letter addressed to the Governor and Committees for the Fourth Joint Stock. The complete list of names was: "John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont"<ref>'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in [http://www.archive.org/stream/calendarofcourtm00eastrich#page/342/mode/2up Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343]</ref>
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| − | [Image P1090001]
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| − | [f. 167v.]
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| − | '''Cooke and Johnson ag:st Batson.
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| − | Smith Clements
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| − | ?Ry.'''
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| − | The four and twentyeth day of Aprill 1656
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| − | Examined upon an accon on y:e behalfe of y:e sayd Batson
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| − | WILLIAM TICKELL of Birchen Lane London merchant aged
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| − | forty three yeares or thereabouts, a witness sworne and
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| − | examined saith and deposeth as followeth ?vizt
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| − | To the first Arle of the sayd Accon, This deponent saith that he went
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| − | as merchant in the shipp ''Tankervale'' Robert Cooke ma:r the last
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| − | voyage she made which was fron this port of London to Norway
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| − | and there to take in horses; and was from hence to have gone to y:e Barbados
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| − | and so back agayne to this port. And knowth that the sayd
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| − | Robert
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| − | [Image P1090002]
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| − | [f. 168r.]
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| − | Cooke had order from his Imployers to hire and agree with Mariners
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| − | for y:e sayd voyage to receyve their wages att y:e barbadoes in
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| − | Muscavadoe sugars att the rate of four pence p pound. And he
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| − | knoweth y:t the sayd James Cooke and Johnson were two of y:e Mariners
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| − | hired for that voyage, and he this deponent did sevearall tymes
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| − | heare them y:e sayd Cooke and Johnson say and acknowledge that they
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| − | were so hired and had so agreed, that is to say that they had
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| − | contracted and agreed that what wages should be due to them for
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| − | their service in the sayd shipp and voyage they were to receave y.e
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| − | same att y:e Barbados in Muscavadoe sugar att y:e rate of
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| − | four pence per pound. And y.e like he heard, the sayd Robert
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| − | Cooke y:e Ma:r severall tymes say and affirme, and also that the most
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| − | of the Mariners had signed to a written Agreement to that purpose
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| − | and having now veiwed and perused the paticular to y:e sayd accon
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| − | annexed he doth beleive by the names and markes of y.e Mariners
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| − | att y:e foot thereof especially by the name of William Jeffery
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| − | who was one of the mates the sayd voyage (whose handwriting he is well
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| − | acquainted with, and is well assured that he did subscribe his sayd
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| − | name thereto as now it appeareth) that y:e says schedule was and
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| − | is the originall written Agreement, touching the p:rmisses. And
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| − | otherwise hee saith he cannot depose
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| − | To y:e second arle of y.e sayd accon This deponent saith That att y:e sayd shipps
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| − | arrivall in Norway the sayd Batsons and Companies facto:r here did
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| − | putt on board the sayd shipp forty five horses or thereabouts for their
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| − | use and accompt, to be carryed and transported from thence to the
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| − | Barbadoes And y:e sayd James Cooke and Maynard Johnson as matee
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| − | and Boatswayne were by their plans to looke unto and have
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| − | care of the stowage thereof, and to see that y:e stanchions in which
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| − | they were to be placed were strong and good. And they had and
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| − | were provided of such materialls for that purpose as they sayd were
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| − | good and sufficicient, and theire was enough of CHECK ither boards spanns
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| − | and materialls to have made the sayd stanchions more strong and
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| − | they might have had them if they had pleased of y:e certayne knowledge
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| − | of this deponent who was then gone as merchant of y:e sayd shipp
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| − | and had provided such materialls as were strong and sufficient
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| − | and they y:e sayd James Cooke, and Maynard and y:e rest of the
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| − | Mariners concerned in y:e stowing of the sayd horses did refuse to
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| − | make use of them, saying that such as they had was sufficient. And
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| − | otherwise he cannot depose
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| − | To y:e third arle of y:e sayd accon This deponent saith that the sayd horses
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| − | being so putt on board, the sayd shipp ''Tankervale'' putt out to sea
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| − | and soone after upon the shippes working, the stanchions in which
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| − | the sayd horses were placed did breake downe in regard they
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| − | were too weake, and the sayd horses by reason of such bad stowage
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| − | fell
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| − | [Image P1090003]
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| − | [f. 168v.]
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| − | fell one upon another, and thereby one killed another and all of
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| − | them dyed except one horse and y.e sayd Cooke and Company
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| − | in stead of goeing with the sayd shipp to y:e Barbadoes brought
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| − | her to Newcastle, of all which this deponent was an eye witnesse
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| − | and believeth that they so came to Newcastle without the order
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| − | of the sayd Richard Batson<ref>See PROB 11/424 Carr 59-116, Will of Richard Batson, June 16th 1667, cited in Simon David Smith, ''Slavery, family, and gentry capitalism in the British Atlantic: the world of the Lascelles,1648-1834'' (Cambridge, 2006), fn. 60, p. 26. See possibly related PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669</ref> or any other of the Owners of y:e sayd shipp. And otherwise he cannot depose
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| − | To y:e fourth arle This deponent saith that upon y:e sayd shipps comong
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| − | to newcastle there was advertisement given to y.e sayd Batson
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| − | and Company of the sayd shipp being there and of y:e losses
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| − | of y:e sayd horses whereupon this deponent afterwards received
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| − | a lre from y:e sd Batson & Company directed to him this
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| − | deponent and y.e sayd Robert Cooke wherein they ordered y:e
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| − | sayd shipp to come about to y:e XXope in this River of Thames
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| − | there to be fitted with sich things as she needed for her
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| − | voyage to y:e Barbadoes to to that effect
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| − | To y:e fifth arle hee saith he cannot depose not being aboard y:e says
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| − | shipp when y.e sayd James Cooke and y:e s:d Maynard were imprest
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| − | To y:e sixth arle of y:e sayd accon he saith hee cannot depose, being not
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| − | well acquainted with y,e worke and duty of Mariners att sea
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| − | To y:e seventh arle of y:e sayd accon This deponent saith that for
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| − | the reasons aforesayd he knoweth it to bee true, that the onely
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| − | cause of the losse of all y.e horses was because the
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| − | stanchions were not made strong as they ought to have
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| − | bene, and as they might have bene had they when the stowage
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| − | did concerne made use of the sparrs which this deponent had
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| − | provided for that purpose, which hee saith were strong and
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| − | good: And he is well assured that in case the sayd stanchions
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| − | had bene made as they ought and might have bene the
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| − | sayd horses had been p:rserved. And further hee saith that the
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| − | care and lookeing to y:e making of y:e s:d stanchions did
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| − | proply belong to y:e sayd James Cooke and Maynard Johnson
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| − | as mate and Boatswayne, which hee knoweth by the observation
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| − | he hath made of the dutyes of Mates and Boatswaynes in y:e
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| − | like case, for many years that he hath used y:e sea as a merchant
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| − | And otherwise hee cannot depose
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| − | To y:e 8:th arle of y:e s.d accon This deponent saith that y.e sayd Batson
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| − | and Company by reason of the losse of the sayd horses have suffered
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| − | dammage to y:e balue of fifteene hundred pounds stocke att the
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| − | Least And so much the sayd horses so lost would have yeilded
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| − | and given in case they had come safe to y:e Barbadoes, which
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| − | he deposeth upon his knowledge in that trade, having used the
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| − | trade
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| − | [Image P1090004]
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| − | [f. 169r.]
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| − | y:e trade of the Barbadoes with horses and other merchandises for
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| − | this ten yeares past and having cast upp the price of y.e sayd
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| − | horses so lost with y:e usuall gayne made of like horses att y:e Barbadoes
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| − | findeth that y:e same would have yeilded att y:e usuall rate the syd
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| − | summe of fifteen hundred pounds sticke and upwards. And otherwise
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| − | he cannot depose
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| − | To y.e nynth arle hee saith that y:e sayd James Cooke att y:e tyme of his
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| − | hiring into y:e sayd shipp was but a young man about twenty yeares
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| − | of age, and in this deponents Judgment had not exoerience
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| − | and moral (Or, "merit") sufficent to be of a shipp for such a voyage as
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| − | was intended. And saith that he y:e sd James was and is by common
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| − | repute the sonne of the sd Robert Cooke Ma:r of y:e sayd shipp
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| − | and was hired by his sayd father to serve in her. And further
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| − | he cannot depose
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| − | [SIGNED] WILLIAM TICKELL
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| − | The same day Examined upon y:e sayd accon
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| − | WILLIAM LOWE a planter & inhabitant of y:e Barbados one of y:e Caribee Islands
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| − | aged forty years of thereabouts a witnesse sworne and
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| − | examined sauth as followeth. vizt.
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| − | To y:e first artle of the sayd accon and to y:e schedule therto annexed now
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| − | showne him hee saith and deposeth That being a planter in y:e sayd Island
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| − | of Barbados whither hee was to returne from England hee putt
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| − | himselfe as a passenger on board y:e sayd shipp ''Tankervale'' Robert
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| − | Cooke Ma:r which was designed to goe from this port to Norway
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| − | and hence to take in horses and so to goe to y:e Barbadoes and
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| − | from hence to returne for England, and by this meanes came to
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| − | heare and know that all or most of y:e mariners belonging to y:e
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| − | sd shipp and pticularly the sayd James Cooke and Maynard Johnson
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| − | were to have their wages payd att y:e Barbadoes in Muscavadoes
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| − | Sugars att y:e rate of four pence p pound; to which purpose hee did
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| − | severall tymes see the foresayd schedule in y:e hands of y:e sayd
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| − | Robert Cooke and heard him read y:e same to his Mariners and heard
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| − | them acknowledge that they had subscribed it as now is to be seene
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| − | and that they had agreed and contractedas therein is conteyned. And
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| − | otherwise hee cannot depose.
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| − | To y:e second and third artes of y:e sayd accon, This deponent saith that upon
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| − | y:e arrivall of y:e sayd shipp att Norway there were putt on board her
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| − | for y:e sayd Richard Batson and Companies Accompt by their facto:r
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| − | there forty five horses to be from thence transcported to y:e Barbadoes
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| − | and the stowing of y:e sayd horses did belong to y.e Mariners of y:e sayd
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| − | shipp, and the making of y:e sanchions for that purpose as to thee
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| − | ?care of the worke that they should be stronge and sufficient did belong
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| − | to y:e sayd James Cooke and Maynard Johnson as mate and Boatswayne
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| − | And
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| − | | + | |
| − | [Image P1090005]
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| − | [f. 169v.]
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| − | And there was materialls sufficient to have made y:e sayd stanchions strong
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| − | enough in case there would have made use of them. But he
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| − | saith the sayd stancheons were made too weake and insufficeint
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| − | the indeed so weake that soone after y:e sd shipp was hone to sea with
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| − | sayd horses by reason of such bad stowage fell one upon another
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| − | and so one killed another and all of them dyed one horse
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| − | onely excepted. all which hee knoweth for that he was a passenger
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| − | and heard his ?p:rcontest William Tickell offer y:e Master and
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| − | Mariners of y:e sayd shipp strong and good sparrs which hee
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| − | had provided some whereof hee brought aboard, for y:e making
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| − | saying the stanchions, but they refused the same
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| − | saying the stanchions they had made were strong enough, or to
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| − | that purpose. And saith that y:e sd Master and Company did,
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| − | not proceed on to y:e Barbadoes but came to Newcastle, which
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| − | as this deponent hath heard and beleives, was without order
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| − | of his Owners. And otherwise he cannot depose.
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| − | To y:e fourth arle hee saith that y:e sd Owners being M:r Batson &
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| − | Company (as by letters which he hath seene he came to know) having
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| − | notice of y:t y:e sd horses were lost and sayd shipp XXXXXX some
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| − | such and was come to Newastle, ordered her to come into this
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| − | River of Thames neer to Gravesend there to be supplyed of what
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| − | she wanted and so to proceed on her sayd intended voyage. And
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| − | otherwise he cannot depose.
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| − | To y:e fifth artle of y:e sd accon he saith It is not usuall to impress the
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| − | mates or Boatswaynes of any shipp being upon a voyage and
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| − | in case and such be prest it is isuall upon their makeing knowne
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| − | their imployment to release them and accordingly he saw that
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| − | y:e sayd James Cooke and Maynard Johnson having bene once prest
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| − | were released probably upon their making knowne their offices
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| − | on boarding y:e sd shipp. And further he cannot depose not being
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| − | on board when y:e sd persons were last pressed, and submitted XXXX
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| − | without returning to their respective imployments on board y:e
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| − | sd shipp
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| − | To y:e 6:th arle of y:e sayd accon hee saith that y:e says Maynard Johnson
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| − | did behave himselfe stubbornely and peversely on board y:e sayd
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| − | shipp not onely neglecting and refusing to obey y:e Masters Commands
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| − | but discouraging his fellows in their dutyes, and pticulaly saith
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| − | that when y:e sd shipp lay att Newcastle he hearde y:e Master
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| − | call to him y:e sd Johnson to call upp y:e Company to assist att y:e
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| − | removing of a ??playne for y:e Carpenters who were there doeing some
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| − | reparis to y:e sayd shipp, and heard y:e sd Johnson resused to
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| − | call them, and heard him allso say, that y:e Mariners were XXX
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| − | if they gave their aXX XXXXX or to that purpose. And further he
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| − | cannot depose
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| − | | + | |
| − | [Image P1090006]
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| − | [f. 170r.]
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| − | | + | |
| − | To y:e seventh arle hee saith taht y:e losse of y:e sayd horses was caused by
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| − | and through the weaknes and insufficciency of the sayd stanchions w:ch
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| − | were not made so strong and sufficient as they ought to have
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| − | beene, as this deponent for y:r reasons aforesayd knowth they
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| − | might have bene; and that y:e oversight or care of making y:e
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| − | sayde stanchions strong did proply belong to y:e sd James Cooke as
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| − | mate and sayd Johnson as Boatswayne. And hee doth verily beleive
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| − | ought and might have bene y:e sayd horses had not perished, but had
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| − | bene p:served. And otherwise he cannot depose.
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| − | | + | |
| − | To y:e 9:th arle of y;e sayd accon, This deponent saith he dothe verily
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| − | beleive by what he hath seene and observed being a planter in
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| − | the Barbadoes as aforsd that the sayd horses so lost in case they
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| − | had come safe to y:e Barbadoes would have ?reached a thousand
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| − | pounds sterling. And that y:e sayd Batson and Company over
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| − | and besides what might have bene made of y:e sayd horses have
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| − | sufficient losse and dammage to the meanes aforesd to a goad value, but how much in
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| − | certayne he cannott sett forth. And
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| − | otherwise he cannot depose
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| − | | + | |
| − | The same day Examined upon y:e accon
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| − | NICHOLAS HAMMOND of S:t Michaels Cornhill London Barber
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| − | Chirurgion of and belonging to y:e sayd shipp ''Tankerviale''
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| − | aged thirty yeares or thereabouts a witnesse sworne and
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| − | examined deposeth and saith as followeth, vizt.
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| − | | + | |
| − | To y:e first acle of y:e sayd accon, This deponent saith That y:e sayd shipp the
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| − | ''Tankervale'' Robert Cooke Ma:r was imployed by the sayd Richard Batson
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| − | and Company upon a voyage from this port to Gottenburron in Norway
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| − | there to take in horses and then to transport them to y:e Barbados
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| − | and so to returne for England which he knoweth for that hee was shipped
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| − | as Barber Chirugion on board y:e sd shipp for that voyage. And
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| − | he severall tymes heard y:e Mariners of y:e sayd shipp and the
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| − | sayd James Cooke and Maynard Johnson in pticular say and affirme
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| − | that they were hired and had agreed to receive their wages for y:e
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| − | sayd voyage att y:e Barbadoes in Muscavadoe sugars att y:e rate
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| − | of four pence p pound, and that y:e sayd agreement was drawne up
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| − | in writing to which most of y:e sd Mariners had sett their names, and
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| − | he
| + | |
| − | | + | |
| − | [P1090007]
| + | |
| − | [p. 170v.]
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| − | | + | |
| − | he y:e sayd Johnson sayd he had sett his marke to y:s same. And he
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| − | beleived y:t y:e schedule to y:e accon annexed and now shewne him
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| − | is the sayd written Agreem:t CHECK LINE LENGTH
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| − | that y:e sayd Cap:t Ma:r robert Cooke shewd y:e s:d schedule to this depon:t and sayd it was y:e sd Ag
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| − | | + | |
| − | To y:e second arta of y:e says accon hee saith That y:e y:e sayd shipp in proYYYY
| + | |
| − | tion of y:e sayd voyage arrived safely att Gottenburgh, and
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| − | there y:e sd Batson and Companies factors did for there Accompt
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| − | putt on board y:e sayd shipp about forty five horses to be from
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| − | thence transported to y:e Barbadoes, which he knoweth seeing
| + | |
| − | the sayd horses so putt on board. And saith that y:e care for
| + | |
| − | stowage and providing and making sufficient stancheons to place
| + | |
| − | y:e sayd horses did belong to y:e sayd James Cooke as mate and
| + | |
| − | Maynard Johnson as Boatswayne of y:e sayd shipp; And he
| + | |
| − | saith that there were boards and materialls enough to have made
| + | |
| − | the sayd stanchions strong and sufficient and they might have had
| + | |
| − | the same for that and in case they had pleases, which he knoweth
| + | |
| − | for that he heard one of y:e sd Batsons and Companies Agents
| + | |
| − | offer them such materialls of all sorts as were fitt and sufficient
| + | |
| − | Andotherwise hecannot depose
| + | |
| − | | + | |
| − | To y:e third arte of y:esayd accon This deponent saith That within a small
| + | |
| − | tyme after y:e sayd shipp was putt out to sea from Gottenburgh
| + | |
| − | with y:e sayd horses, the stanchions in which they were placed did
| + | |
| − | all or most of them breake, being made as then appeared too weake
| + | |
| − | and thereupon upon the working and rolling of y:e sayd shipp
| + | |
| − | in y:e sea the sayd horses fell one upon another and beat and
| + | |
| − | killed one another so as all of them dyed and were left, one onely
| + | |
| − | excepted, which hee knowteh to be true being then on board the
| + | |
| − | sayd shipp in y:e quality aforesayd. And afterwards y:e sayd Cooke
| + | |
| − | y:e Ma:r and Company brought y:e sayd shipp to Newcastle leaving
| + | |
| − | the direct course for y:e barbadoes without y:e order or knowledge
| + | |
| − | of y:e sd batson and Company as hee beleiveth . And otherwise
| + | |
| − | hee cannot depose
| + | |
| − | | + | |
| − | To y:e 4:th arte he saith y:t whilst y:e sd shipp lay att Newcastle notice
| + | |
| − | was given to y:e sd Batson & Company of y:e losse of y:e sd horses
| + | |
| − | and order came from them to bring y:e sd shipp into this River
| + | |
| − | neer to Gravesend. And otherwise cannot depose.
| + | |
| − | | + | |
| − | To the 5:th arte hee saith after y:e sayd shipp came into this River
| + | |
| − | the sayd James Cooke and Maynard Johnson were im prested into y;e
| + | |
| − | service of y:e Commonwealth and y:e sayd Johnson as seemed to this
| + | |
| − | deponent and as he beleiveth did like well thereof and used
| + | |
| − | noe meanes to be freed from y:e service, which he concyveth hee might
| + | |
| − | have bene if he had made knowne to y:m that pressed him that
| + | |
| − | he was BoaTswayne of the sayd shipp and that he was upon
| + | |
| − | a voyage, it being usuall for such to be freed in that case, And
| + | |
| − | saith y:et both y:e sg James Cooke and Johnson had bene formerly
| + | |
| − | prest and gott both off agayne upon making knowne ther
| + | |
| − | quality and imployment on board y:e ''Tankervale'' which he
| + | |
| − | knoweth being on board y:e sayd shipp att both y:e sd tymes of impresting
| + | |
| − | And otherwise cannot depose
| + | |
| − | | + | |
| − | [Image P1090008]
| + | |
| − | [p. 171r.]
| + | |
| − | | + | |
| − | To y:e 6:th arte of y:e sayd Accon he saith, that y:e sayd Maynard Johnson
| + | |
| − | did severall tymes carry himselfe untowardly and ?disrespectively to y.e
| + | |
| − | Ma:r of y:e sayd shipp ?whilst he continued XXXX the sayd voyage
| + | |
| − | and more pticulaly once in a certayne storme that befell the sayd
| + | |
| − | shipp in which y:e sd ma:r calling him upp, he in this deponents
| + | |
| − | hearing refused to come upp and swore he would not come And anot
| + | |
| − | her tyme att Newcastle where y:e sd Master bidding him to call
| + | |
| − | upp y:e Company to assist y:e Carpenters in removing their ?stayes,
| + | |
| − | sayd it was not worke belong to y:e Mariners, and that they were
| + | |
| − | fooles if they gave assistance: And y:e sd Master then bidding him
| + | |
| − | to give his helping hand he the sayd Johnson swore he would not
| + | |
| − | the deponent being p:rsent. And the truth is he the sd Johnson was
| + | |
| − | much given to, and did often use swearing and cursing on board
| + | |
| − | y:e sayd shipp. And otherwise he cannot depose.
| + | |
| − | | + | |
| − | To y:e seventh arte he saith , that he doth verily beleive that in case
| + | |
| − | y:e sayd stanchions had bene strong enough as they ought and might
| + | |
| − | have bene the sayd horses had not bene lost, but had bene p:rserved
| + | |
| − | for he saith y:e sayd stanchions were made onely of deale board
| + | |
| − | whereas y:e sd Robert Cooke and the Mariners upon y:e stowage did
| + | |
| − | concerne might have had ?backs and spars to have made them
| + | |
| − | strong and sufficeint if they had pleased y:e same being in this
| + | |
| − | deponents hearing offered them att Gotenburgh aforesd so as
| + | |
| − | in this deponents judgments the weaknes of y:e sd stanchions (of
| + | |
| − | the making whereof y:e sayd James Cooke and Maynard Johnson
| + | |
| − | should have had care as mate and Boatswayne) was y:e cause
| + | |
| − | of the losse of the sd horses in manner as aforesd. And otherwise
| + | |
| − | he cannot depose.
| + | |
| − | | + | |
| − | ----
| + | |
| − | | + | |
| − | ==George Robinson==
| + | |
| − | | + | |
| − | '''Abstract & context'''
| + | |
| − | ----
| + | |
| − | '''George Robinson: deposition of Martin Noell'''
| + | |
| − | | + | |
| − | [IMAGE P10900016]
| + | |
| − | f[. 214r.]
| + | |
| − | | + | |
| − | The 4:th of June 1656
| + | |
| − | Examined upon the ?forssd accon
| + | |
| − | | + | |
| − | MARTIN NOEL of London Marchant aged 42 yeares or
| + | |
| − | thereabouts swirne and examined.
| + | |
| − | | + | |
| − | To the first article hee saith that the aclate George Robinson is his
| + | |
| − | this deponents XXXXX but permitted by this deponent to trade for
| + | |
| − | himselfe, and to make use of this deponents correspondent ?Korne
| + | |
| − | ?Parnen of Rotterdam, and with the =sd Kornis is now XXXX XXXXXX
| + | |
| − | a Dutchman XXXX and a ???Xatiect of the States of the United Netherlands
| + | |
| − | and ?who an Iynhabitant of Rotterdam, from ?hymm this deponent
| + | |
| − | frequently receiveth ?lres from him in ?the XXX of XXXXXX
| + | |
| − | | + | |
| − | To the second and third and foirth arles XXXX that the sd George
| + | |
| − | Robinson being this deponents ??covenanted XXXX, and XXX ?noe XXX to
| + | |
| − | trade for himselfe with this deponents permission, had in or about
| + | |
| − | October ??last told this deponent that hee had a desire to XXXX
| + | |
| − | a ??Rigg X Rotterdam to goe for ??Spania to lade or ?anchor and XXXXXX
| + | |
| − | for his XX ?fright owne accompt and desired this deponent
| + | |
| − | ?came XXXX, wch this deponent ?promised, and was acquainted with
| + | |
| − | his writing to the sd XXX PXXXX about this his affXXXXXX
| + | |
| − | and with the answer of the sd ?Roons and his signifying that XX
| + | |
| − | and frewighted or XXXX called the ??AnneXX of ??Bruke for his said
| + | |
| − | voyage upon ?account of this said Robinson and company. And this
| + | |
| − | deponent hath bin after informed that the said shipp came to the
| + | |
| − | XXXrs and tooke in the said oranges and lemmons upon the said
| + | |
| − | account, to be brought into the downes, XXX was to depart (Or, await)
| + | |
| − | further order from M:r Robinson. And further he cannot depose
| + | |
| − | | + | |
| − | To the fifth XXXXXX that M:r Robinson
| + | |
| − | XX to the XXXXX, and XXX between w:th have XXX
| + | |
| − | And otherwise hee cannot depose
| + | |
| − | | + | |
| − | To the 6:th XXXX hee is very well assured that the oranges
| + | |
| − | and lemmons and ?corke in question are truely and really belonging
| + | |
| − | to the said George Robinson and company, and XXXXXX for them
| + | |
| − | and that they can XX hazard thereof, and XXX cork is XX XXX
| + | |
| − | or claim upon XXX in her businesses, but that they are the bery
| + | |
| − | XXXX of this said XXX
| + | |
| − | | + | |
| − | To the 7:th and 8:th and ??Schedules annexed and w:ch then have
| + | |
| − | XXXX XXXX very many lres from the said KXXX PaXXX, and
| + | |
| − | cXXXX were perused the XXX lres and bill annexed XXX
| + | |
| − | beleeveth the ?said XXXXX to be written and subscribed and the
| + | |
| − | XXX bill of exchange to be subscribed by the said RXXX PXXXX, and
| + | |
| − | XXXX thereof to be XXX. And otherwise hee cannot depose.
| + | |
| − | | + | |
| − | To the 9:th and 10:th XXXX XXX all hath of XXX and beleveth
| + | |
| − | XXX the said XXX in XXX masse frXXX Spania for the
| + | |
| − | `XXXX with the said XXX abord hee was XXX XXX shipp of
| + | |
| − | this commonwealth. And otherwise he cannot depose
| + | |
| − | | + | |
| − | NEW PAGE
| + | |
| − | | + | |
| − | To the ??Interr
| + | |
| − | | + | |
| − | [12 further lines which I have not transcribed]
| + | |
| − | | + | |
| − | | + | |
| − | | + | |
| − | ----
| + | |
| − | ==Alderman Riccard & others touching the shipp the Love==
| + | |
| − | | + | |
| − | '''Abstract & context'''
| + | |
| − | | + | |
| − | Legal disputes over the voyage of the ''Love'' from Sumatra to London were lengthy. The voyage is mentioned in EFI, 1655-1660.
| + | |
| − | | + | |
| − | "The ''Love'', from Sillebar and Bantam, originally intended for Leghorn, had reached London only two-thirds laden, owing to the death of her commander, Elias Jourdain, and thirty-two of her crew. The Spaniards had proclaimed war against ..."<ref>''EFI, 1655-1660'', p. 85</ref>
| + | |
| − | | + | |
| − | Deponents:
| + | |
| − | | + | |
| − | Robert Tindall, mariner, commander of the ''Love''
| + | |
| − | Thomas Newman of Mile-end, chirugion
| + | |
| − | | + | |
| − | Names mentioned:
| + | |
| − | | + | |
| − | Elias Jourdaine, commander of the ''Love''
| + | |
| − | | + | |
| − | ----
| + | |
| − | | + | |
| − | [Image P10900019]
| + | |
| − | [f. 242r.]
| + | |
| − | | + | |
| − | The ?12th (or 17th) of June 1656
| + | |
| − | | + | |
| − | ROBERT TINDALL of the parish of
| + | |
| − | All Hallowes Barking London
| + | |
| − | Mariner, aged 48 yeares or thereabouts
| + | |
| − | sworne before the right hon:le John
| + | |
| − | Godolphin doctor of lawes one of the Judges of
| + | |
| − | the High Court of the Admiraltie and examined
| + | |
| − | upon certaine Interries as witness on the behalfe
| + | |
| − | of the said Alderman Ricard and others saith as followeth
| + | |
| − | | + | |
| − | To the first Interrogatorie hee saith hee well knoweth the said shipp
| + | |
| − | the ''Love'' and was commander of her in her late homewards voyage from
| + | |
| − | the South Seas, and went out in her from this port thither in w:ch going
| + | |
| − | out this deponent was master of her. And saith that the lading of
| + | |
| − | pepper, was ?there tooke in at ?Andropare in the Iland of Summatra
| + | |
| − | was ?therebie carried to Ligorne and ?therebie delivered,
| + | |
| − | whither ?ther and ordered by the sd Alderman Riccard and the rest of ?her
| + | |
| − | Imployers (before and ?upon XXX onre course) to goe and deliver her lading
| + | |
| − | then XXXXX being from the South Sea, w:ch hee knoweth being
| + | |
| − | acquainted with the said order and commission, w:ch was given in writing
| + | |
| − | and w:ch this deponent hath in his custodie, and nowe ?leaveth for the
| + | |
| − | further satisffaccon of this court and all other have may be therein XXXX
| + | |
| − | | + | |
| − | To the second article hee saith that there were one XXXX in the said shipp the
| + | |
| − | said voyage ninetie five mariners (men and boyes) whereof XXX XXX
| + | |
| − | three and thirtie died in the voyage, and many of the rest were very
| + | |
| − | many ?infeebled with sicknesse, and amongst those that died XXX XXX
| + | |
| − | that Captaine Jourdain (who were XXX commander of XXX) was XXX
| + | |
| − | who and with departed this life about two dayes after her ?setting XXXX
| + | |
| − | from Androyone aforesaid to retourne and goe to Ligorne, to w:ch place
| + | |
| − | and which in was (voyage said departure from Sumatra) fully
| + | |
| − | determined and XXXX to the said Captaine and this deponent and the
| + | |
| − | rest
| + | |
| − | | + | |
| − | NEW PAGE
| + | |
| − | | + | |
| − | I have failed to image Image [f. 242v.]
| + | |
| − | | + | |
| − | NEW PAGE
| + | |
| − | | + | |
| − | [f. 243r.]
| + | |
| − | | + | |
| − | ----
| + | |
| − | | + | |
| − | [Image P10900022]
| + | |
| − | [f. 273r.]
| + | |
| − | | + | |
| − | On the behalfe of the foresaid Alderman
| + | |
| − | Riccard and comp touching XXXX
| + | |
| − | | + | |
| − | The 16:th of June 1656
| + | |
| − | | + | |
| − | William Cowne of the parish of S:t MatXXX
| + | |
| − | London Mariner aged 24 years or
| + | |
| − | thereabouts sworne and examined upon the
| + | |
| − | foresaid Interries
| + | |
| − | | + | |
| − | To the first second and third Interrogatories hee saith and deposeth that hee well knew
| + | |
| − | and was purser and Masters Mate of the shipp the ''Love'' interrogated
| + | |
| − | in an late voyage to and from the Island of Sumatra on the coast of East India,
| + | |
| − | for w:ch Iland hee saith there went out and proceeded from this port
| + | |
| − | about eighteene monethes ?time, and ariving there about this time
| + | |
| − | XXXX moneth (under the conduct of Captain Elias Jourdaine) there tyme
| + | |
| − | tooke in an lading of pepper, and having taken XX tyme in, departed ?then
| + | |
| − | to returne for the straights mouth, and XX ??trye for Ligorne to deliver the
| + | |
| − | ?same, according to the order and Instructions given by Alderman Riccard
| + | |
| − | and the rest of her imployers to the said Captaine, XX XXX XXX
| + | |
| − | this Captaine ??imported to his officers (of w:ch this deponent was one) in the
| + | |
| − | said voyage, and this deponent having ???never seene the Commission or
| + | |
| − | Instructions, left by this witness Robert Tindall well knoweth them
| + | |
| − | to be XXXX true that the said Captaine Jourdain should XXX depXXX and
| + | |
| − | XXXX of the officers in the said voyage. And which then after the
| + | |
| − | said shipp had taken in XX this lading of pepper and was departed
| + | |
| − | XXXwith for Ligorne the said Captaine Jourdain about two dayes after
| + | |
| − | her departure, died, and that the said Will Tindall became
| + | |
| − | commander of her in his place and XXth thereof of her XXXX XXX
| + | |
| − | very ??surviving XXXX her for her stoXXXX XXX, before w:ch time
| + | |
| − | of XXXing to the XXXX month XXX XXX that time and two and thirtie
| + | |
| − | of the company (besides the Captaine) were dead, and those then XXXX
| + | |
| − | living were many of them XX infeebled with sicknesse than XX were XX
| + | |
| − | able to give any assistance towards the ??relief of the shipp and most of
| + | |
| − | the rest now sick and weake, having bin in a very intemperate
| + | |
| − | climate to take in that lading, and besides XXX XXX in their
| + | |
| − | retourne XXX and with very fowle and stormy weather XX XXXX
| + | |
| − | the said shipp was ?become very leaking, XX XXXX till XXXX the
| + | |
| − | weaknesse and ?inabilitie of the ?many, and the leakinesse of
| + | |
| − | the shipp, that XXXXXXXXXXXXX found XXX there was noe possibilitie to ?runn her
| + | |
| − | to Ligorne, without extreme hazard of ??losing her and her lading,
| + | |
| − | but a necessitie of ?coming for ?England with her; and saith withall
| + | |
| − | that the difficultie was XXXXX for that the winde was then contrary
| + | |
| − | to that going into the straights XXXX. And ?saith that the said
| + | |
| − | Jourdain before he died, and the said Tindall and officers after his death
| + | |
| − | alwaies determined to carry the said shipp and lading for Ligorne, and
| + | |
| − | soe they acquainted the company, and they were unanimous in their
| + | |
| − | determination, till they found they truly could not doe XXX at XXX XXX
| + | |
| − | vertue of his oath than they could by reason of the promisses
| + | |
| − | given and extreme danger of the losse of the shipp and
| + | |
| − | lading, and XXXX XXX XXX XXXXXXXXXXX when had any
| + | |
| − | XXX from their said Imployers master, to XXXX from XXX XXX
| + | |
| − | | + | |
| − | | + | |
| − | NEW PAGE: I DID NOT IMAGE THE NEXT PAGE
| + | |
| − | ----
| + | |
| − | ==Captain James Barker of the Vine and dispute with chief mate==
| + | |
| − | | + | |
| − | [IMAGE P1090023]
| + | |
| − | [f. 307v.]
| + | |
| − | | + | |
| − | The 10:th of July 1656
| + | |
| − | | + | |
| − | Informacons given by Captaine James Barker
| + | |
| − | Master of the shipp the ''Vine'' of London touching
| + | |
| − | certaine Misdemeanors committed by John May
| + | |
| − | his Mate of the sayd shipp in a voyage therein
| + | |
| − | to the East Indies
| + | |
| − | | + | |
| − | 1. EDWARD CARR of Westow in the County
| + | |
| − | of Durham Mariner at first a common mariner & afterwards Boatswaines Mate of
| + | |
| − | the sayd shipp the ''Vine'' aged twenty one
| + | |
| − | yeares or thereabouts a witness sworne before
| + | |
| − | the right Wor:ll John Godolphin doctor of Laws
| + | |
| − | and of the Judges of the high Court of Admiralty
| + | |
| − | saith and deposeth
| + | |
| − | | + | |
| − | That the said James Barker the Master of the sayd shipp the ''Vine''
| + | |
| − | being bound upon a voyage w:th the sayd shipp to the East Indies
| + | |
| − | while the sayd shipp was in her outward bound voyage thither theire
| + | |
| − | happened some differences betwixt the sayd Master and John
| + | |
| − | his Mate and saith the said Mate being discontented did speake to this
| + | |
| − | deponent (hee being his turne to goe upon the deck to keepe watch) and desyre him
| + | |
| − | that hee would take part with him the sayd May and goe upon the
| + | |
| − | forecastle of the sayd shipp to take part with him in case the sayd
| + | |
| − | Master should endeavour to yniflict any punishment upon him the
| + | |
| − | sayd May touching the differences which had happened betweene them
| + | |
| − | or hee the sayd May spake words to the like effect to this dep:t upon or
| + | |
| − | about the sixth of June 1655 whereto this deponent answered
| + | |
| − | & sayd to the sayd May that hee would take his part in a Civill XXX
| + | |
| − | And saith hee this deponent thereupon went upon the forecastle
| + | |
| − | where this deponent found divers others of the sayd shippes
| + | |
| − | Company, and some hand spikes lying by them on the forecastle
| + | |
| − | And hee further declareth that the sayd May continuing ?say this
| + | |
| − | discontent
| + | |
| − | | + | |
| − | [IMAGE P1090024]
| + | |
| − | [f. 303r.]
| + | |
| − | | + | |
| − | discontent against the sayd Master did afterwards in the sayd
| + | |
| − | shipps outwards voyage speake to this deponent and tell him that hee
| + | |
| − | the sayd May would upon hee arrived in India buy a Junke and
| + | |
| − | goe on hence & leave the sayd shipp and persuaded this deponent
| + | |
| − | to goe a longe with him the sayd May and this deponent ?thereto replyed
| + | |
| − | if I forsake the shipp how shall I get my wages whereunto the sayed
| + | |
| − | May answered if yo:w will goe along with mee I will use a meanes
| + | |
| − | that yo:w shall not neede to feare getting yo:r wages or the sayd May
| + | |
| − | used words to the very same effect the p:rmisses hee deposeth for the
| + | |
| − | reasons aforesayd and saith that the paper showed unto him at
| + | |
| − | this his examinaccon & beginning ?then, On board the ''Vine''
| + | |
| − | July the 27:th 1655 (soe farr as ?concerneth him this deponent) was
| + | |
| − | and is true and was & is subscribed by him this deponent with his
| + | |
| − | owne hand writeing And further hee cannot depose
| + | |
| − | | + | |
| − | EDWARD CARRE [his signature]
| + | |
| − | | + | |
| − | The same day
| + | |
| − | | + | |
| − | 2. DANIELL HARMAN of Lymehouse in the prish
| + | |
| − | of Stepney and County of Midd Mariner at first Quarter
| + | |
| − | Master & since Boatswaine of the shipp the ''Vine'' of London
| + | |
| − | aged thirty seaven yeares or thereabouts a witness
| + | |
| − | sworne & examined saith and deposeth
| + | |
| − | | + | |
| − | That James Barker the Master of the shipp the ''Vine'' being bound with
| + | |
| − | the sayd shipp upon a voyage to the East Indies, in the sayd shipps out
| + | |
| − | ward bound voyage there happened some differences and discention
| + | |
| − | betweene the sayd Barker the Master, and John May his cheife Mate
| + | |
| − | and Pylott, which first arose (as this deponent hath heard and beleeveth)
| + | |
| − | for that the sayd May did demande a greater or further allowance of
| + | |
| − | wine & victualls in behalfe of the sayd shipps company hee was
| + | |
| − | allowed of by the sayd Master, and alsoe about the Master takeing from
| + | |
| − | him the sayd May a Compasse called an Assineth Compasse, And this deponent
| + | |
| − | heard the sayd Master demand of the sayd May the said Assneth Compasse
| + | |
| − | and sayd if yo:w (meaning the sayd May) will not observe in it, or make
| + | |
| − | use of it yo:r selfe, lett mee make use of it, whereto the sayd May answerd
| + | |
| − | & sayd the compasse was his, and hee would keepe it, or words to that
| + | |
| − | effect & the master being thereat offended and ?desyrene to make use of
| + | |
| − | the sayd compasse commanded John Swinburne his boatswaine upon
| + | |
| − | perill of looseing his wages to take the sayd compasse out of the sayd
| + | |
| − | Mayes cabbin & give or bring it to him the sayd Master, and the sayd
| + | |
| − | May thereupon speakeing to the said Boatswaine, charged him that upon
| + | |
| − | perill of looseing tenn tymes more than his wages, hee should not
| + | |
| − | meddle with the sayd compasse, And thereupon the sayd
| + | |
| − | Master bidd the sayd May hold his tongue or else hee would strike him
| + | |
| − | a cuss on the eare, and the sayd May replyed to the sayd Master that
| + | |
| − | if hee struck him, hee the sayd May would strike him againe,
| + | |
| − | XXX which the sayd Master being displeased hee struck the sayd May and
| + | |
| − | | + | |
| − | [IMAGE P1090025]
| + | |
| − | [f. 308v.]
| + | |
| − | | + | |
| − | and gave him a push from him soo that the sayd May fell backwards
| + | |
| − | over a royle of roapes which lay behind him, And this deponent
| + | |
| − | & others of the shipps Company then p:rsent who sawe the p:rmisses & heard the words
| + | |
| − | aforesayd passe betwixt them the sayd Master & the sayd May, stepped betwixt
| + | |
| − | them and persuaded them at that p:rsent to bee quiettm & the compasse being
| + | |
| − | brought out of the sayd cabbin, the difference ended for that tyme, And
| + | |
| − | the sayd May still continuing his discontent did afterwards declare
| + | |
| − | to this deponent in p:rsence of the sayd Swinburne the Boatswaine & this deponent
| + | |
| − | XXXXX Robert Harwell that hee the sayd May was resolvedd to
| + | |
| − | goe in the sayd shipp noe further than to Maslapatam and the sayd
| + | |
| − | Boatswaine being alsoe discontented with the sayd Master and being
| + | |
| − | resolved alsoe to leave the sayd shipp having heard that this deponent
| + | |
| − | had alsoe a ??regarde to leave her if hee could gett his wages, sayd to
| + | |
| − | this deponent, how shall wee gett our wages if wee leave the
| + | |
| − | shipp, And thereupon the sayd May sayd there is
| + | |
| − | money in the shipp wee may pay our selves out of that & leave
| + | |
| − | the rest, whereto this deponent replyed noe I will have noe hand
| + | |
| − | in any such thing for I am not willing to leave my Country
| + | |
| − | (meaning England) where his residence was & is) nor bee hanged at
| + | |
| − | home and farther hee cannot depose
| + | |
| − | | + | |
| − | DANIELL HARMAN (his signature)
| + | |
| − | | + | |
| − | The same day
| + | |
| − | | + | |
| − | 3. RICHARD CHAPMAN of Wapping in the County of
| + | |
| − | Midd Mariner and of the Company of the shipp the
| + | |
| − | ''Vine'' aged twenty one yeares or therabouts, a witness
| + | |
| − | sworme & examined saith & disposeth
| + | |
| − | | + | |
| − | That the shipp the ''Vine'' of London (James Barker Master) being
| + | |
| − | in the yeare 1655 on her outwards bound voyage for the East
| + | |
| − | Indies, some differences happened betweene the sayd master and
| + | |
| − | John May his Cheife Mate and Pylott of the sayd shipp, and saith
| + | |
| − | that one of the differences betweene the sayd Master & the sayd May
| + | |
| − | was touching an Azimoth Compasse of the sayd Maye, which
| + | |
| − | he Jayes Master had a desyre to have, (it being as hee conceived better
| + | |
| − | than his owne) to make use of for the sayd shipps use in her sayd
| + | |
| − | voyage, w:ch the sayd May (as this deponent hath heard by others of the
| + | |
| − | sayd shipps Company) refused to lett the Master have to maje use of
| + | |
| − | and this deponent being at the beginning of that difference in his
| + | |
| − | Cabbin and hearing a great noise upon the deck of the shipp came
| + | |
| − | up to see what the matter was, and being come heard the sayd M:r
| + | |
| − | speake to John Swinburne the sd boateswaine of the sayd shipp, and command
| + | |
| − | him upon perill of looseing his wages to goe & breake up the sayd
| + | |
| − | Mayes Cabbin & fetch out the sayd compasse & bring it to him the
| + | |
| − | sayd Master & hee would leave him out for soe doeing, or to that effect
| + | |
| − | and heard the sayd May then speake to the sayd Boatswaine and saye
| + | |
| − | tXX or the like in effect I charge yo:w uponpenalty of more than
| + | |
| − | tenn tymes the losse of yo:r wages that yo breake not open my cabbin nor meddle
| + | |
| − | with the sayd compasse or words to that effect whereupon the Master being offended said Master & the sayd May fell to grappling & laying hold one of
| + | |
| − | another, And the sayd compasse was soone after brought to the sayd
| + | |
| − | M:r
| + | |
| − | | + | |
| − | [IMAGE P1090026]
| + | |
| − | [f. 309r.]
| + | |
| − | | + | |
| − | Master upon the Quarter deck, And hee saith (the said day) after the
| + | |
| − | premisses soe happened the sayd may meeting this deponent as
| + | |
| − | hee this deponent was comming out of the ?stowage desyred this
| + | |
| − | deponent to stand by him and take his part, And sayd if the Master
| + | |
| − | would not pay him this deponent his wages hee the sayd May would
| + | |
| − | wherto this deponent answered the sayd may & said hee looked for noe
| + | |
| − | pay of him, And hee alsoe saith that the sayd Swinburne the boatswaine
| + | |
| − | did before the difference XXXX XXXX the sayd M:r & the sayd May happened deliver to this deponent his Cutlass & Pistoll to keepe
| + | |
| − | & this deponent laid them up in his Cabbin but the Cabbin having
| + | |
| − | noe doore to it this deponent knoweth not who tooke the same out thXXX nor
| + | |
| − | when it was taken thence, but saith hee sawe the same afterwards vizable the differences aforesayd in
| + | |
| − | the sayd boatswaines possession, and hee heard the Carpenter of
| + | |
| − | the sayd shipp & others of the sayd shipps company saye that they sawe him discharge the sayd pistill against an Anchor stock & that the same
| + | |
| − | was charged with a brace of bulletts, And hee saith that the paper
| + | |
| − | shewed unto him at this his examinaccon and beginning thus On board
| + | |
| − | shipp ''Union'' July y:e 27:th 1655 soe farr as ?conceveth him this deponent is
| + | |
| − | truly and was subscribed by him with his owne hand writing And further
| + | |
| − | hee cannot depose saving his foregoeing deposition
| + | |
| − | | + | |
| − | RICHARD CHAPMAN [his signature]
| + | |
| − | | + | |
| − | The same day
| + | |
| − | | + | |
| − | 4. JAMES BAKER of Rederiff Wall in the County of
| + | |
| − | Surrey Mariner one of the Company of the Shipp the ''Vine''
| + | |
| − | of London aged nyneteene yeares or thereabouts a witness
| + | |
| − | sworne & examined saith and deposeth
| + | |
| − | | + | |
| − | That in the yeare 1655 hee this deponent went a Common man in the
| + | |
| − | Shipp ''Vine'' (James Barker Master) on a voyage to the East Indies & that
| + | |
| − | John May went Masters Mate & Pylott of the sayd shipp the sayd voyage In
| + | |
| − | which voyage outwards bound there happened to bee some differences
| + | |
| − | betwixt the sayd Master & the sayd John May, and remembreth
| + | |
| − | that one of the differences was for that the sayd Master desyred of the sayd May
| + | |
| − | his the sayd Mayes Azimuth Compasse to use, & the sayd May being formerly
| + | |
| − | displeased with the sayd master refused to lett him have the same, and
| + | |
| − | the Master being therat offended, commanded one Swinburne the then
| + | |
| − | Boatswaine of the sayd shipp upon perill of the loss e of his wages to fetch
| + | |
| − | the sayd Compasse out of the sayd Mayes Cabbin & the sayd May speeking
| + | |
| − | to the sayd Boatswain sayd this or to the like effect vizt Boteswaine I charge
| + | |
| − | yo:w upon perill of tenn tymes the losse of yo:w ages that yo:w meddle not with the
| + | |
| − | sayd compasse, XXXat the Master being displeased struck the sayd may a
| + | |
| − | boxe on the eare, & he sayes May & the Master thereupon grappled and strugled one with the
| + | |
| − | other & were at length parted by some of the sayd shipps Company, And hee
| + | |
| − | saith the same day in the afternoone & not longe after the sayd scuffle
| + | |
| − | betwixt the sayd may & the sayd Master, the sayd May came to this deponent
| + | |
| − | & told him that hee the sayd May beleeved that for his sayd
| + | |
| − | contending with the sayd Master hee should bee brought to the Capsterne and
| + | |
| − | XXissed or to that effect, and desyred this deponent to take his the
| + | |
| − | sayd
| + | |
| − | | + | |
| − | | + | |
| − | [IMAGE P1090027]
| + | |
| − | [f. 309v.]
| + | |
| − | | + | |
| − | sayd Mayes part, & sayd if hee this deponent would soe doe, hee this
| + | |
| − | deponent should fare never the worse, for hee the sayd may would
| + | |
| − | ?send to this deponent his wages, whereupon this deponent
| + | |
| − | and others of the shipps company
| + | |
| − | (of which the sayd Swinburne the then boatswaine was one) went upon
| + | |
| − | the forecastle of the sayd shipp & this deponent seeing some handspikes
| + | |
| − | there lying, did himslefe heave an other XXX the foXXXX intending
| + | |
| − | to hinder the sayd master from punishing the sayd May And further
| + | |
| − | hee cannot depose
| + | |
| − | | + | |
| − | JAMES BAKER [His signature]
| + | |
| − | | + | |
| − | The same day
| + | |
| − | | + | |
| − | 5. CALEB KYRNE of Radcliff in the County of Midd
| + | |
| − | Mariner one of the Company of the shipp the ''Vine''
| + | |
| − | & Midshippman of her, aged twenty fower yeares or
| + | |
| − | thereabouts a witness sworne & examined saith and
| + | |
| − | deposeth
| + | |
| − | | + | |
| − | That hee this deponent was one of the Company of the shipp the ''Vine'' of
| + | |
| − | London (whereof which is Master James Barker) in her late voyage to east Indies
| + | |
| − | which she began from Gravesend about the latter end of December 1654 And saith that John may went Masters Cheife Mate & Pylott
| + | |
| − | of her for the sayde voyage. And that in the sayd voyage outward bound
| + | |
| − | in the yeare 1655 there were often differences betwixt the sayd barker & may, And one
| + | |
| − | tyme the difference betweene them hee remembreth was about an Azemath
| + | |
| − | Compasse of the sayd Mayes, which the sayd Master desyred of the
| + | |
| − | sayd may, to use for the sayd shipps use, which compasse the sayd
| + | |
| − | May denyed the sayd master the use of, whereat the Master being displeased
| + | |
| − | did in y:e p_rsence & hearing of this deponent & divers others of the sayd shipps
| + | |
| − | Company command he the Boatswain Hohn Swinborne upon perill
| + | |
| − | of looseing his wages for disobeying his commands, to breake up the
| + | |
| − | sayd Mayes Cabbin & bring thence the sayd compasse, and the sayd
| + | |
| − | May then spake to the sayd Boatswaine & sayd I charge yo:w upon perill
| + | |
| − | of ten tymes more than the losse of yo:r wages that yo:w lett the sayd
| + | |
| − | compasse alone and meddle not with it, or to that effect, whereupon the
| + | |
| − | sayd Boatswaine did not fetch the sayd compasse, & the Master being
| + | |
| − | displeased at the sayd Mayes words the sayd Master & the sayd May
| + | |
| − | fell to strugling togeather, & the Master threw the sayd May over a coyle
| + | |
| − | of roaps which lay iust behinde the sayd may & alsoe struck him the sayd may
| + | |
| − | whereupon some of the sayd shipps Company that were
| + | |
| − | next to them parted them, & the sayd Master seeing the boatswaine
| + | |
| − | did not obey his commands caused his the sayd Masters servant, or
| + | |
| − | his the sayd masters brother (but which of them hee knoweth not) to fetech
| + | |
| − | him the sayd compasse, who brought it out upon the deck the p:rmisses hee
| + | |
| − | deposeth of his sight & knowledge being one of the shipps company as
| + | |
| − | aforesayd And further hee cannot depose
| + | |
| − | | + | |
| − | CALEB KYRNE [His signature]
| + | |
| − | | + | |
| − | The same day
| + | |
| − | | + | |
| − | 6. ROBERT HARWELL of Ratcliff in the parish of Stepney
| + | |
| − | and County of Midd Mariner one of the Company and a
| + | |
| − | Midshippman of the shipp the ''Vine'' aged twenty five yeares
| + | |
| − | or thereabouts a witness sworne & examined saith and
| + | |
| − | deposeth
| + | |
| − | | + | |
| − | That the shipp the ''Vine'' of London (James Barker master) about the
| + | |
| − | latter end of December 1654 sett sayle from Gravesend bound on a
| + | |
| − | voyage to the East Indies & this deponent went a Midshipp man in her
| + | |
| − | and John May went Masters Mate and Pylott of her the sayd voyage
| + | |
| − | outward bound, but the sayd May left her at her arrivall at Maslipatam
| + | |
| − | in the East Indies, therehaving bin frequent fallings out and differences
| + | |
| − | in the sayd shipps outward voyage betwixt the sayd master and the sayd
| + | |
| − | May: And saith that there was in the moneth of June 1665 a great difference
| + | |
| − | & dissention netwixt the sayd Master & the sayd may touching a Compasse
| + | |
| − | (as this deponent hath heard by others of the sayd shipps
| + | |
| − | company) but this deponent being a sleeope in his Cabbin when the sayd
| + | |
| − | difference about the sayd compasse happened, hee this deponent cannot
| + | |
| − | speake any thing of his knowledge touching the same, but saith that
| + | |
| − | about three or fower dayes after the same happend, the sayd May came
| + | |
| − | to this deponent & told him or words to like in effect that by reason of differences betwixt the
| + | |
| − | sayd Master and him hee did beleebe the sayd master would proceede
| + | |
| − | to bring hom to the Capsterne & punish him and asked this deponent whether
| + | |
| − | hee (if the Master should soe proceede) would assiste him the sayd may
| + | |
| − | to force him from punishment, and told him that Swinborne the Boatswaine
| + | |
| − | & divers others of the sayd shipps company had promised to stand by him the sayd May & assiste him
| + | |
| − | that none should meddle with him but the sayd master, And hee
| + | |
| − | further saith, that some dayes after the sayd May had desyred this deponents
| + | |
| − | assistance as is before declared, the sayd May being standing by the
| + | |
| − | ??Backe of the sayd shipp accompanies with this deponent and this
| + | |
| − | p:rentest Daniell Harman and the sayd Swinburne the Boateswaine,
| + | |
| − | the sayd may entered into discourse concerning wages , and sayd
| + | |
| − | the sayd master had denyed him his wages, and sayd that if they
| + | |
| − | this deponent & the sayd Harman & Swinburne would bee XXled by him
| + | |
| − | hee know there was money sufficeint & more in the stearne ?shealter to pay
| + | |
| − | him & them their wages and that
| + | |
| − | they would pay them selves their due out of
| + | |
| − | it whereto the sayd Boatswaine
| + | |
| − | replyed that it were better to lett it iust & doe nothing therein till
| + | |
| − | they came at Meslapatam whether the shipp wer to foe, & then the so sayd
| + | |
| − | Boatswaine coul dpick a boates Crew to carrie the Marchants & Master
| + | |
| − | on shorea, & then they might & would pay themselves their wages out of the
| + | |
| − | money & soe goe on shoare & leave the sayd shipp or words to that effect,
| + | |
| − | whereto the sayd Daniell Harman speaking to the sayd May in behalfe of himselfe & XXXXXX sayd for
| + | |
| − | | + | |
| − | [NEW PAGE]
| + | |
| − | | + | |
| − | they would not have to doe ?theavin, XXXX they
| + | |
| − | should doe soe they must either resolve to forsake their countries (meaning England) or else goe some hither & bee there hanged or
| + | |
| − | hee spake words to the very like effect And further hee cannot
| + | |
| − | depose
| + | |
| − | | + | |
| − | ROB:T HARWELL H[is signature]
| + | |
| − | | + | |
| − | The 12:th day of July 1656
| + | |
| − | | + | |
| − | 7. JOHN TREDDLE of Ratcliff in the parish of
| + | |
| − | Stepney als Stobenheath in y:e County of Midd
| + | |
| − | Mariner aged twenty seaven yeares or thereabouts
| + | |
| − | | + | |
| − | | + | |
| − | | + | |
| − | ----
| + | |
| − | ==Gerrard Lloyd: Moses Bathurst deponent==
| + | |
| − | | + | |
| − | [P10900052]
| + | |
| − | [f. 393v.]
| + | |
| − | | + | |
| − | The 23:th of September 1656
| + | |
| − | | + | |
| − | 3. MOSES BATHURST of London Merchant, aged
| + | |
| − | 28 yeares of thereabouts sworne as aforesaid and
| + | |
| − | examined
| + | |
| − | | + | |
| − | To the first Interrogatorie hee saith and deposeth that hee well
| + | |
| − | knoweth the interrogated Gerrard Lloyd and hath ?so donne for XXXX
| + | |
| − | five yeares last past or therabouts, and well knoweth that in the yeares
| + | |
| − | | + | |
| − | [P10900053]
| + | |
| − | [f. 393r].
| + | |
| − | | + | |
| − | 1653, 1654 and 1655 and for ?some time before that the said Gerrard Lloyd
| + | |
| − | and company had a very greate trade at Seville in Spaine and did there keepe
| + | |
| − | a house and familie, and had at Sevile and other parts in Spaon a very greate
| + | |
| − | commerce and traffique by ?many of Marchdize, w:ch hee knoweth for that
| + | |
| − | hee this deponent lived at Sevill aforesaid with
| + | |
| − | XXXX ?case where that kept their factory and managed their said trade
| + | |
| − | and some came to take notice thereof
| + | |
| − | | + | |
| − | To the second Interrogatorie hee saith and deposeth that at the time of
| + | |
| − | the difference breaking forth betweene England and Spaine in the yeare
| + | |
| − | 1655, the said Gerrard Lloyd and company had severall debts owing them
| + | |
| − | by severall persons residing in Spaine, and alsoe severall goods
| + | |
| − | merchandizes , and other effects in Sevill, S:t ?Surar,
| + | |
| − | Cadiz and other parts of Spaine, and household stuff in Sevill aforesaid
| + | |
| − | all amounting in his estimaccon to the summe or valew of seaven
| + | |
| − | thousand and nine hundred pounds, ?w:th XXX XXX owing both
| + | |
| − | private to XXXX XXXX from XXXXX
| + | |
| − | | + | |
| − | To the third hee deposeth that the said Gerrard Lloyd and company
| + | |
| − | lately in this XXX XXX yeare 1656 had severall goods and merchandizes
| + | |
| − | from the port of London to Cadiz in Spaine in the shipp called the
| + | |
| − | ffortune of Hamburgh and shipp called the ??ffara in the ffeild,
| + | |
| − | w:ch hee knoweth being ??privee thereto, and saith that
| + | |
| − | the said goods, merchandizes XXXX stuff, debts and effects were seized or ??stolen of
| + | |
| − | by the officers and subiects of the King of Spaine and witheld from the
| + | |
| − | said Lloyd and company who are XXX deprived thereof, and
| + | |
| − | have suffered losse and dammage in this deponents estimaccon to the summe
| + | |
| − | and value of nine thousand and six hundred pounds sterling; XXXX
| + | |
| − | ?with XXXXX this deponent was in Spaine when the said two shipps and
| + | |
| − | goods XXX XXX and XXX them under the said seizure, and
| + | |
| − | the said Lloyd and companies goods merchandizes and effects XXXX, ?were
| + | |
| − | XXXX seized in Spaine, when theire was a seizure or detention of all Empliyment goods
| + | |
| − | | + | |
| − | MOSES BATHURST [His signature]
| + | |
| − | 1656
| + | |
| − | | + | |
| − | [I have stopped transcription here, though there is a further deposition by Moses Bathurst on the goods]
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==Anthonio Fernandez Caravachal==
| + | |
| − | | + | |
| − | [IMAGE P10900033]
| + | |
| − | [f. XXX.]
| + | |
| − | | + | |
| − | The 14:th day of Juky 1656: Examined XXX on y:e Allegation:
| + | |
| − | | + | |
| − | ANTHONIO FERNANDEZ CARAVACHAL of London
| + | |
| − | Merchant aged 57 yeares or thereabouts a XXXX
| + | |
| − | sworne and examined saith as followeth Vizt
| + | |
| − | | + | |
| − | To the 11:th Arle of y:e said Allegaccon hee saith That hee this dept
| + | |
| − | in or about the moneths of December and January in the yeare 1655
| + | |
| − | according to the English style having received here at London severall ?pcells
| + | |
| − | of Canarie wynes transported from y:e Iland of Teneriffe to this XX
| + | |
| − | for this depon:ts accompt, did here dispose of and sell the same at XXX
| + | |
| − | thePrice of Thirty eight pounds sterling p pipe, and thereby is XX
| + | |
| − | assured and convinced in conscience , that if the Canarie wine in XXXX
| + | |
| − | belonging to the producent Richard Baber and Company had safely XXX
| + | |
| − | at this Port of London at or about the time aforesaid, they would really XX
| + | |
| − | effectually have yielded to the Own:er thereof Thirty pounds sterling
| + | |
| − | p pipe, all cleare of all charges and incident expenses whatsoever XXX
| + | |
| − | being as this dep:t hath bin credibly informed of the best sort of wyne
| + | |
| − | of the growth oy y:e yeare and place aforesaid, and being bound for the
| + | |
| − | Port in Company with y:e shipp or Vessell wherein this dep:t said ?wyne
| + | |
| − | were brought and transported to this City. And otherwise cannot depose
| + | |
| − | | + | |
| − | To the 13:th Arle of the said Allegatopn hee saith That to the best
| + | |
| − | of this depon:ts iudment according to his conscience and impartiall XXX
| + | |
| − | the said Richard Baber and Companie Own:r of the XXXX in XXXX
| + | |
| − | being (as this dep:t hath bin credibly informed) Three hundred and XXX
| + | |
| − | pipes of Canarie wines by the losse of the imployment of the proceed?s
| + | |
| − | or proceed of the said wynes (which proceed hee this depon:t doth ?estimate
| + | |
| − | might have amounted XXXX thousand pounds sterling and upwards) have suffered losse and really endammaged to the summe of valew of Two Thousand pounds
| + | |
| − | sterling over and besides their principall, and soe much hee beleives
| + | |
| − | in conscience y:t they might by Gods blessing have really benefitted ?and
| + | |
| − | prospered by the imploym:t of such a principall since the time that y:e
| + | |
| − | same hath bin seized and detained from them by the ??French Companie
| + | |
| − | and Companies whoe surprized and carryed away y:e same. And ?other
| + | |
| − | hee cannot depose:
| + | |
| − | | + | |
| − | XXXX XXXXX D:r GODOLPHIN [Signature, bottom LH side]
| + | |
| − | | + | |
| − | ANT:O f CARAVACHAL [Signature, bottom RH side]
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==Christopher Boone of London v. Adrian Goldsmith of Antwerp==
| + | |
| − | ===Abstract & context===
| + | |
| − | | + | |
| − | Christopher Boone, London merchant, was involved in a commercial dispute with Adrian Goldsmith of Antwerp. The dispute concerned the purchase of a quantity of silver and cochineal through Boone's Seville agent, Anthony Upton, from Adrian Goldsmith's Seville agent in 1654. Boone had delivered as consideration goods to the agreed value. However, the purchased silver and cochineal which was on board four separate ships was seized by the Spanish. At issue was whether the instrument of transference was binding, and whether the disputed silver and cochineal belonged to Boone.
| + | |
| − | | + | |
| − | John Wilmott, a London merchant, who was formerly resident in Seville, deposed on behalf of Boone. He was not present at the making and signing of the instrument of transference, but had examined the books of account of both Upton and Boone, and had subsequently read the instrument of transference. He testified to standard merchant practice regarding such instruments.
| + | |
| − | | + | |
| − | In addition to pursuing the matter through the High Court of Admiralty, Christopher Boone had already petitioned the Lord Protector in early 1665/6, requesting him to uphold the instrument.<ref>"Jan 26 (1665-6) Whitehall. 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals, and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved. As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page.], ([http://www.archive.org/stream/cu31924091770432#page/n173/mode/2up Mary Anne Everett Greene (ed.), Calendar of State papers, Domestic series [of the Commonwealth] 1655-6 (London, 1882) p. 139)])</ref>
| + | |
| − | | + | |
| − | ----
| + | |
| − | ===Transcription===
| + | |
| − | | + | |
| − | P10900039]
| + | |
| − | [f. 372v]
| + | |
| − | | + | |
| − | The 29:th of August 1656
| + | |
| − | | + | |
| − | The clayme of Christopher Boone of London Merchant for
| + | |
| − | severall parcells of silver and ?Cutcheneale heretofore specially
| + | |
| − | claymed by Adrian Goldsmith of Antwerpe having bin seized
| + | |
| − | in the Shipps the ''Sampson'' ''Salvador'' ''S:t George'' and
| + | |
| − | ''Morning Star'' and since legally transferred to him
| + | |
| − | the sayd Christopher Boone nad particularly con-
| + | |
| − | teyned in the Instrument of transference exhinited
| + | |
| − | into this Court the 14:th of ffebruary 1654 and
| + | |
| − | remayning in the Registry thereof: ?Suckley ?Budd
| + | |
| − | | + | |
| − | Examined upon an allegation on behalfe of
| + | |
| − | the sayd Christopher Boone
| + | |
| − | | + | |
| − | JOHN WILLMOTT of London Merchant
| + | |
| − | aged twenty eight yeares r thereabouts
| + | |
| − | a witnesse sworne and examined saith
| + | |
| − | and deposeth as followeth viz:t
| + | |
| − | | + | |
| − | To the first article of the sayd allegation hee saith that hee this deponent is a
| + | |
| − | Merchant trading for Spaine and soe hath traded thither for ?these XXXX yeares
| + | |
| − | last XXXX or thereabouts and lived in Sevill in Spaine in the yeares 1653 and 1654
| + | |
| − | and severall yeares before that and was in that tyme familiarly acquainted
| + | |
| − | with the aclate Christopher Boone who in those yeares lived in Sevill as an
| + | |
| − | Inhabitant there and of this deponents knowledge was a great trader ?there by him
| + | |
| − | selfe and his Agents and had great correspondence and dealings with
| + | |
| − | severall Merchants there and in other places within the dominions of the
| + | |
| − | King of Spaine And this deponent knoweth that the sayd Christopher
| + | |
| − | Boone did in the yeares 1654 and 1654 by his Agente M:r Anthony Upton and Company deliver to Daniell de Loon and ffrancisco Paninque Agents of the aclate Adrian Goldsmith at Sevill
| + | |
| − | for his use and Accompts goods and effects of a very great value amounting to
| + | |
| − | the summe (as he hath heard the sayd Anthony Upton sayeth) of two hundred
| + | |
| − | thousand Ryalls and more And
| + | |
| − | further to this acle hee cannot depose
| + | |
| − | | + | |
| − | To the second article of the sayd allegation and the Instrument of Transference
| + | |
| − | in the same mentioned and now showed unto him at the tyme of this his
| + | |
| − | examination hee saith hee cannot of his certaine knowledge depose any
| + | |
| − | thing touching the makeing of the sayd Transfference, not being present ?thereunto
| + | |
| − | But saith that hee hath perused the bookes of Accompts both of the sayd
| + | |
| − | Anthony Upton the sayd Boones Agent at Sivill, and alsoe the books of
| + | |
| − | Accompts of the sayd Boone, by both which hee doth finde that thes sayd
| + | |
| − | Adrian Goldsmith did transfferre and ?sett over unto the sayd Christopher
| + | |
| − | Boone severall parcells of silver in barrs, and Ryalls, and certayne
| + | |
| − | quantities of Cotcheneale laden aboard the ''Sampson'' ''Salvador''
| + | |
| − | ''St George'' and ''Morning Starr'' aclate in consideration of the severall
| + | |
| − | summes of two hundred thousand Realls And verily beleeveth
| + | |
| − | and is persuaded in his conscience that the Insztrument of transferrence
| + | |
| − | aclate now shown unto him is reall and true And was soo XXXX
| + | |
| − | done in all things as is therein expressed, and was soe had and XXX
| + | |
| − | before the difference betweene XX England and Spaine, And well XXXX
| + | |
| − | that at XX XXX XX of the sayd transferrence XXXX in XXX 1654 and before the difference betwixt England & Spaine happendd the XXX
| + | |
| − | Anthony Upton would have had this deponent to have had a share in the goods XXXX
| + | |
| − | | + | |
| − | P10900040]
| + | |
| − | [f. 373r]
| + | |
| − | | + | |
| − | in the says transfference and to have made an allowance to him the says Anthony
| + | |
| − | Upton in debts and goods proportionably but the sayd Upton / this deponent did
| + | |
| − | not XXXX ['agree' has been struck out] thereupon the sayd Upton soone after told this deponent that the sayd
| + | |
| − | transfference was concluded upon and made betweene the sayd Boone & the sayd Goldsmith
| + | |
| − | and that hee hoped did longe to have notice from England from the sayd Boone
| + | |
| − | that hee had ?receivedd satisfaction according to the sayd Transfference And
| + | |
| − | of good Accompt & great trafique in Sivill & therefore beleeveth the effect of
| + | |
| − | the sayd transfference to bee reall and undoubtedly true And further to
| + | |
| − | this article hee cannot depose
| + | |
| − | | + | |
| − | To the 3. hee saith hee refereth him selfe to the Registry of this Court and
| + | |
| − | further cannot depose
| + | |
| − | | + | |
| − | To the 4th hee daith hee hath used the trade of Merchandize as servant and master, for about ?these seaventeene yeares last past, and ?thereby well knoweth
| + | |
| − | that it is frequent amongst ?Merchants & their correspondents to transferre
| + | |
| − | and sell & make over one to an other goods shipped, or debts as occasion
| + | |
| − | requireth, in satisfaction of such debts as they owe one to an other, paying
| + | |
| − | transfferences or assignements and hold goods amongst Merchants and
| + | |
| − | generally ?assignes of by them, & they are thereby obliged to pay and
| + | |
| − | make satisfaction according as in the sayd transfferences is declared, And
| + | |
| − | saith without allowance of such transferrences Merchandizeing cannot
| + | |
| − | bee well acted & continuedd amongst traders ?therein, And further hee
| + | |
| − | cannot depose
| + | |
| − | | + | |
| − | To the 5:th hee saith hee well knoweth the aclate Christopher Boone &
| + | |
| − | saith hee is now an Inhabitant of this Citty of London and a subiect of
| + | |
| − | this Commonalty And beleeveth for the reason aforesayd that the sayd
| + | |
| − | Boone is the true and reall Owner and sole proprietor of the silver
| + | |
| − | & cocheneale aclate & hath made sufficient and full satisfaction to the sayd
| + | |
| − | Goldsmith or ?the Agents for the same And by reason of the Transferrence
| + | |
| − | aforesayd is utterly ??uncapable to present upon the sayd Goldsmith or receive
| + | |
| − | and other satisfaction of ?him or his Agents for the sayd silver / Cotche-
| + | |
| − | neale And further hee cannot depose
| + | |
| − | | + | |
| − | To the last hee saith his foregoeing deposition is true
| + | |
| − | | + | |
| − | To the InterrXXs
| + | |
| − | | + | |
| − | To the first hee saith hee is noe way related either by Kindred or allyance
| + | |
| − | to the producent nor Adrian Goldsmith XXXX nor is interessed in this cause &
| + | |
| − | came to be a witness in this cause at the XXXX of the producent & expecteth
| + | |
| − | noe benefit in the goods in question XXX XXXXXX And further cannot answere
| + | |
| − | | + | |
| − | To the 2 hee saith hee was not p:rsent at the makeing of the Accompts of
| + | |
| − | transfference Interrogate but saith As before hee hath deposed that hee verily
| + | |
| − | beleveth (for the reasons above expressed) that the same Transfference was and
| + | |
| − | is reall and not colourable & fained And further cannot answerre
| + | |
| − | | + | |
| − | XXXX eefore D:r ??ffoorth Surr
| + | |
| − | XXXXX 7XX 1656 [Bottom LH side of page]
| + | |
| − | | + | |
| − | JOHN WILMOTT [Signature, bottom RH side of page]
| + | |
| − | ----
| + | |
| − | ==XXXX==
| + | |
| − | ===Transcription===
| + | |
| − | | + | |
| − | P10900042]
| + | |
| − | [f. 382r]
| + | |
| − | | + | |
| − | 3. Manuell de ffonseca of London Merchant aged
| + | |
| − | 19 yeares or thereabouts awitness sworne before Doc:r
| + | |
| − | Godolphin one of the Judges of the high Court of
| + | |
| − | Admiralty
| + | |
| − | | + | |
| − | saith as followeth vizt
| + | |
| − | | + | |
| − | To the sayd Interrogatorie hee saith hee well knoweth the shipp the
| + | |
| − | XXX Interrogate doth belonge to the Interrogate M:r Antonio ffernendez
| + | |
| − | and was bought at Amsterdam for his Accompt this hee the better
| + | |
| − | knoweth for that XX same (Or, some) part of the moneye for paying the sayd shipp
| + | |
| − | was bought paid upon bill of Exchange drawne uppon the sayd
| + | |
| − | ffernandez at Amsterdam XXX togeather with XXX upon ?Giddon & Rob:t Williams XX XXX & XXXXXX bought her there for the sayd ffernandez
| + | |
| − | Accompt, and (as hee hath heard & beleveth) ?soe bought her of the
| + | |
| − | Interrogate John Hohnson And hee this deponent well knoweth that
| + | |
| − | XXX hath now ?promised to ?dra upon the sole Accompt of the sayd
| + | |
| − | ffernandez under Command of the Interrogate Robert Williams
| + | |
| − | as ?master And darther hee cannot depose
| + | |
| − | | + | |
| − | MANUELL DE FFONSECA
| + | |
| − | | + | |
| − | XXXX before Doc:r Godolphin
| + | |
| − | ----
| + | |
| − | ==Christopher Boone of London v. Adrian Goldsmith of Antwerp, Cont.==
| + | |
| − | | + | |
| − | The 27:th of October 1657
| + | |
| − | | + | |
| − | The clayme of Christopher Boone yr
| + | |
| − | XXX Budd
| + | |
| − | | + | |
| − | Examined on an allegacon on behalfe of the sayd Boone
| + | |
| − | | + | |
| − | 2. FFRANCIS THORIS of London Merchant aged forty eight
| + | |
| − | yeares or thereabouts a witness sworne & examined saith
| + | |
| − | and deposeth as followeth vizt
| + | |
| − | | + | |
| − | To the first aclate of the sayd allegation hee saith that hee this deponent
| + | |
| − | for ?these twenty yeares last past hath used the trade of a Merchant in Spaine
| + | |
| − | and bin resident in Sivill & other pts of Spaine as a factor for English
| + | |
| − | Merchants tradeing thither & as a merchant for him selfe and during the yeares 1653 and 1654 and alsoe
| + | |
| − | in the yeare 1655 lived at Sivill with one M:r Anthony Upton
| + | |
| − | & Company who were the Agents and correspondents of the aclate
| + | |
| − | Christopher Boone; and thereby well knoweth that the sayd
| + | |
| − | Upton & Company agents of the sayd Boone did in the sayd yeares 1653 &
| + | |
| − | 1654
| + | |
| − | | + | |
| − | P10900043]
| + | |
| − | [f. 382v]
| + | |
| − | | + | |
| − | 1654 receive at Sevill & other places of Spaine severall goods & effects of
| + | |
| − | his the sayd Boone to bery considerable value vizt to the value of two
| + | |
| − | hundred thousand Ryalls & a ?few greater value and caused the same to be delivered at Sevill to the
| + | |
| − | sd aclate Adrian Goldsmith and his Agents for his the sayd Goldsmiths use
| + | |
| − | and Accompt, And saith that in the yeare 1654 of his this deponents
| + | |
| − | knowledge the Accompts were made up betweene the sayd Adrian Goldsmith
| + | |
| − | & his Agents & the Agents of the sayd Christopher Boone and upon
| + | |
| − | stateing the sayd Accompts the sayd Goldsmith was then found to bee
| + | |
| − | endebted unto the sayd Boone in the summe of two hundred thousand
| + | |
| − | Ryalls this hee deposed for that hee then lived with the sayd M:r Anthony Upton the Agent & Correspondent of the sayd Boone and kept his bookes of Accompts concerning the dealinges and trade
| + | |
| − | which passed betweene the sayd Boone & the sayd Goldsmith And saith
| + | |
| − | hee alsoe knoweth that the sayd Boone was in the sayd yeares 1653 & 1654
| + | |
| − | a person who had great trade & correspondence with severall other Merchants
| + | |
| − | within the dominions of the King of Spaine. And durther to this acle hee
| + | |
| − | cannot depose
| + | |
| − | | + | |
| − | To the second article of the sayd allegation & the Instrument of Transf
| + | |
| − | ference in the same mentioned & now showed unto him at the tyme of this
| + | |
| − | his examiniaccon hee saith that for that hee was not a witness p:rsent at
| + | |
| − | the makeing of the sayd Instrument of Transfference hee cannot depose
| + | |
| − | thereunto of his owne certayne knowledge, but saith that hee being the sayd
| + | |
| − | M:r Uptons booke Keeper in the yeares 1653 & 1654 knoweth XX
| + | |
| − | & by the sayd bookes it appeareth that
| + | |
| − | the sayd Goldsmith
| + | |
| − | for use & Accompt of the sayd Boone & in satisfaction of the says two
| + | |
| − | hundred thousand Ryalls owing by the sayd Goldsmith to y:e
| + | |
| − | sayd Boone did transferre over to the sayd Christopher Boone
| + | |
| − | severall pcells of barrr of silver, and Ryalls & certayne quantities
| + | |
| − | of Cotcheneale laden aboard the ''Sampson'' ''Salvador'' ''St
| + | |
| − | George'' & ''Morning Starr'' all which hee saith hee well remembreth
| + | |
| − | was soe shipped & the transfferance thereof made longe before the
| + | |
| − | sayd difference happenedd the same the sayd Transfference and XXX
| + | |
| − | beXXXX XXXXX out of it of the contracts theref into the sayd M:r Uptons
| + | |
| − | books of Accompts And saith hee verily beleeveth the Instrument
| + | |
| − | of transfference aclate now shewdd to him at the tyme of this
| + | |
| − | his examination to be true & reall and that all things were XX
| + | |
| − | had & done as therein is expressed And further referring him
| + | |
| − | selfe to the Registry of this Court hee cannot depose
| + | |
| − | | + | |
| − | To the 3 hee saith hee referreth him selfe to the Registry of this Court
| + | |
| − | & further cannot depose
| + | |
| − | | + | |
| − | To the 4:th hee saith that by reasin hee hath used the trade of Merchant tra
| + | |
| − | dineing for Spaine for these twenty yeares last past as Master and
| + | |
| − | servant
| + | |
| − | | + | |
| − | P10900044]
| + | |
| − | [f. 383r]
| + | |
| − | | + | |
| − | hee ?therebyexperimentally knoweth that it is a usuall & frequent
| + | |
| − | thing amongst Merchants & their correspondents to transferr and
| + | |
| − | assigne ??one to each other either goods shipped or debts or bills of exchange
| + | |
| − | in satisfaction of such debts as they owe to an other, and hee this
| + | |
| − | deponent within the sayd tyme hath often made such transfferences and
| + | |
| − | Assignements to Correspondents of his and bin discharged by them
| + | |
| − | of debts hee ought XXX and hath discharged others of debts owing
| + | |
| − | to him upon the like transferrences & assignements and saith that
| + | |
| − | Merchant could not trade one with an other especially in Spaine
| + | |
| − | And further hee cannot depose
| + | |
| − | | + | |
| − | To the 5:th hee saith hee well knoweth the aclate Christopher Boone & that
| + | |
| − | hee is an Inhabitant of London & a subiect of this Commonwealth
| + | |
| − | And verily beleveth the sayd Boone by reason of the sayd Transferrence
| + | |
| − | & his acceptance thereof is the reall & sole Owner & Proprietor of all
| + | |
| − | the silver and Catcheneale aclate & ?cannot ?revert upon the sayd Goldsmith or XXXX any satisfaction from him or his Agents for the same, & well knoweth the sayd Boone had by his Agents made full
| + | |
| − | satisfaction to the sayd Goldsmith & his Agents for the sayd silver & Catcheneale
| + | |
| − | for that hee knoweth the same was Transferred by the sayd Goldsmith
| + | |
| − | in ?lieu of the sayd debt of Two hundred thousand Ryalls dew by the
| + | |
| − | sayd Goldsmith to the sayd Boone And further hee cannot depose
| + | |
| − | | + | |
| − | To the last hee saith his foregoeing deposicon is true
| + | |
| − | | + | |
| − | To the Interries
| + | |
| − | | + | |
| − | To the first Interr hee saith hee hath noe relation to the producent Boone
| + | |
| − | nor to Adrian Goldsmith Interrogate, saving hee was formerly booke
| + | |
| − | keeper to Anthony Upton & Company the sayd Boones Correspondents at
| + | |
| − | Civill in Spaine, nor is any way interessed in the clayme Interrogate &
| + | |
| − | XXXX to bee a witness at the entreaty of the sayd Boone & saith it will
| + | |
| − | bee noe benefit to him if the goods in question be returned And further
| + | |
| − | cannot answere
| + | |
| − | | + | |
| − | To the 2 hee saith hee was not p:rsent at the makeing of the Accompts betwixt
| + | |
| − | Boone & Goldsmith, neither was the sayd Boone nor Goldsmith p:rsent thereat
| + | |
| − | them selves but the same was done by their Agents vizt by the sayd Upton on
| + | |
| − | behalfe of the sayd Boone & Antonio de Loon & ffrancisco Panninck Agents
| + | |
| − | of the sayd Goldsmith on behalfe of the sayd Goldsmith, which Accompt after
| + | |
| − | it was by tehm agreed upon was by this deponent enteredd into the sayd Uptons
| + | |
| − | booke of Accompts And further hee cannot answere
| + | |
| − | | + | |
| − | To the last hee saith hee was not p:rsent at the passing of the Transference
| + | |
| − | Interrogate but for the reasons in his foregoeing deposition expressed verily
| + | |
| − | beleeveth & is psuaded in his conscience that the sayd Transferrence was
| + | |
| − | reall & not colourable And further cannot answere
| + | |
| − | | + | |
| − | XXXXX Doc:r Godolphin [Bottom LH of page]
| + | |
| − | | + | |
| − | | + | |
| − | FFRANCIS THORIS [Signature, RH at bottom of page]
| + | |
| − | | + | |
| − | P10900045]
| + | |
| − | [f. 383v
| + | |
| − | | + | |
| − | The same day
| + | |
| − | Examined on the sayd allegaccon
| + | |
| − | | + | |
| − | 3. BENIAMIN BATHURST of London Merchant aged 19 yeares or
| + | |
| − | thereabouts a wittness sworne & examined saith & deposeth as
| + | |
| − | followeth viz:t
| + | |
| − | | + | |
| − | To thefirst & second acles of the sayd allegation & the XXXXX therein mentioned hee saith that hee lived at Sivill in
| + | |
| − | Spaine for the space of a yeare & somewhat more ended about August 16XX in a
| + | |
| − | house with one M:r Anthony Upton who & his Company viz:t his brother Gilbert
| + | |
| − | Upton & Gerrard Lloid were the Correspondents to, and Ahents of the Aclate
| + | |
| − | Christopher Boone, who as this deponent in the tyme of his residence at Sivill heard) was a great trader & had great correspondence & dealings with severall
| + | |
| − | Merchants within the dominions of Spaine, and lived at Sivill him selfe diverse yeares
| + | |
| − | And saith that in the yeare 1654 hee livieing in howse at Civill with the sayd
| + | |
| − | Anthony Upton & being by him imployed about his Merchandizing affXXsd, hath
| + | |
| − | by that meanes severall tymes seene & pused the sayd Uptons bookes of
| + | |
| − | Accompts, & hereby did finde that the sayd Anthony Upton had in the yeares 1653 &
| + | |
| − | 1654 receaved great quantities of goods from the sayd M:r Boone & for his
| + | |
| − | Accompt, & had disposed of them unto Daniell de Loon & ffrancisco Panninque
| + | |
| − | (Correspondents & Agents at Civill for the aclate Adrian Goldsmith of
| + | |
| − | Antwerpe) for Accompt of the sayd Goldsmith, and by the sayd boookes of the sayd Upton
| + | |
| − | it did to the deponent appeare, that in the yeare 1654 an Accompte
| + | |
| − | made betweene the sayd Boone & by the sayd Upton sold as XXX Agent to the sayd de Loon and
| + | |
| − | Panninque Agents of the sayd Goldsmith for Accompt of the sayd Goldsmith
| + | |
| − | the sayd Adrian Goldsmith was really indebted to the sayd Christopher Boone
| + | |
| − | in the summe of two hundred thousand Ryalls ?plate, And saith hee hath ?seene
| + | |
| − | letters of Correspondence beareinge date in ye yeare 1654 & not long after the
| + | |
| − | month of November of that yeare, sent by the sayd Boone to the sayd Anthony Upton
| + | |
| − | declareinmg that the sayd Goldsmith had in satisfaction of the two hundred
| + | |
| − | thousand Ryalls aforesayd which hee was indebted to him the sayd Boone
| + | |
| − | made an Assignment or Transference of certayne barrs of silver & ?pieces
| + | |
| − | of eight & a certaine quantitie of Catcheneale which the sayd Goldsmith
| + | |
| − | had caused to bee laden aboard the ''Sampson'' ''St George'', the ''Salvador'' / ''Morning Star'', & that hee the sayd Boone had accepted of the sayd Transfference or Assignment
| + | |
| − | And therefore they should take notice thereof pr to that effect, And this deponent did
| + | |
| − | afterwards see & observe by the bookes of Accompt of the sayd Upton that the sayd debt of
| + | |
| − | two hundred thousand Ryalls owing by the sayd Goldsmith was entered as ?discharged
| + | |
| − | by reason of the Transferrence made as aforesayd, which letter of Correspondence
| + | |
| − | sent by the sayd Boone to the sayd Upton touching the sayd Transferrence & y:e ?sale
| + | |
| − | aforesays made in the says Uptons books for discharge of the says Goldsmith from the XX
| + | |
| − | debt hee this deponent soe sawe before the difference happened betwixt
| + | |
| − | England & Spaine, & therefore beleeves that the sayd Transfference was XXX
| + | |
| − | really made before the says difference happened & touching the silver& cacheneale
| + | |
| − | afterwards seized in the ''Sampson'' ''Salvador'' ''St George'' & ''Morning Star'', & ?further
| + | |
| − | referring him selfe to the Registry of this Court hee cannot depose
| + | |
| − | | + | |
| − | To the third hee saith hee referreth him selfe to the Registry of this Court
| + | |
| − | and further cannot depose thereto
| + | |
| − | | + | |
| − | To the 4:th hee saith hee hath observed for ?these 3 or 4 yeares wherein hee had
| + | |
| − | bin imployed in Merchandizing affayres that it is a thing frequent among
| + | |
| − | Merchants
| + | |
| − | | + | |
| − | P10900046]
| + | |
| − | [f. 384r]
| + | |
| − | | + | |
| − | and as that hath XXXX hath bin some tyme out of ?mynde) for theX
| + | |
| − | Merchants to transferr and assigne over goods shipped, debts due,
| + | |
| − | either by bonds, bill of Exchange, or otherwise, and to an other in ye XXXXX of
| + | |
| − | XX XXXX as they owe to XXXX they make such transferrences or assignments
| + | |
| − | to, which transferrance of Assignments are usually among merchants accepted
| + | |
| − | of & ?hold goods in XXX to discharge them one from an other and it would as hee
| + | |
| − | beleeveth bee a great hinderance to Merchants in their trade if they should not
| + | |
| − | allow of them And further hee cannot depose
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==Matson agt. Naylor==
| + | |
| − | ===Oliver Langdon, deal merchant: deponent===
| + | |
| − | | + | |
| − | [P10900055]
| + | |
| − | [f. 454v]
| + | |
| − | | + | |
| − | XXXNaylor.)
| + | |
| − | XXXXX)
| + | |
| − | | + | |
| − | The 12:th of December 1656
| + | |
| − | | + | |
| − | Examined upon the libell given in XXX XXX
| + | |
| − | | + | |
| − | OLIVER LANGDON<ref>Oliver Langdon is possibly, but not definitely: PROB 11/262 Ruthen 51-103 Will of Oliver Langdon, Yeoman of Stepney, Middlesex 16 February 1657</ref> of Wapping Wall Deale Merchant
| + | |
| − | aged 38 yeares or thereabouts sworne and examined
| + | |
| − | | + | |
| − | To the first article of the XXXX libell XX XXX and deposeth that
| + | |
| − | hee well knoweth the prducent Elizabeth Matson and hath
| + | |
| − | ?soe donne for ?theise tenn yeares last or thereabouts, and XXX XXX
| + | |
| − | XXXX for all the time aclate hath bin and is owner of the lighter
| + | |
| − | called the ''Ellen and Anne'' aclate (?wch XX well knoweth) and XXXX commonly accompted, wch hee knoweth XXX XXX
| + | |
| − | from time to time ?mister the said lighter and this XX XXX
| + | |
| − | hath severall times bought ballast of her that was ?taken
| + | |
| − | up in the said lighter.
| + | |
| − | | + | |
| − | To the second and third articles of the said libell XXX which and?deposeth
| + | |
| − | that on or about the tenth day of May last the shipp the Mary of
| + | |
| − | XX aclate rode at anchor in the River of Thames over ag:t
| + | |
| − | New Crane taking in of ballast in a fitting place where shipps
| + | |
| − | use to ride and take in ballast
| + | |
| − | | + | |
| − | '''End of page - I did not image any more of this deposition, but worth doing so'''
| + | |
| − | ----
| + | |
| − | ==XXX==
| + | |
| − | ===Manuel de ffonseca Meza: deponent===
| + | |
| − | | + | |
| − | [P10900056]
| + | |
| − | [f. 549v]
| + | |
| − | | + | |
| − | The third of ffebruary 1656
| + | |
| − | | + | |
| − | 5. MANUEL DE FFONSECA MEZA<ref>It is possible that Manuel de ffonseca Meza was a relative of Alonzo di Fonseca Meza, who the ''Jewish Encyclopedia'' (1906) suggests was a relative of Antonio ffernandez Carvajal, for whose cause Manuel de ffonseca Meza made his deposition. See Joseph Jacobs, 'Carvajal, Antonio Fernandez' in the ''Jewish Encyclopedia'' (XXXX, 1906), http://www.jewishencyclopedia.com/articles/4089-carvajal-antonio-fernandez, viewed 20/12/11</ref>, Merchant, ?Nephew
| + | |
| − | of the prXXXX Antonio ffernadez Caravall, aged
| + | |
| − | 19 yeares or thereabouts sworne and examined
| + | |
| − | | + | |
| − | To the second and third articles of the said allegaccon hee saith and
| + | |
| − | deposeth that upon the hiring and affreighting of the shipp the
| + | |
| − | ''XXXX ???Marsham'' (other with the ''Dolphin'') XXXX for the voyage in
| + | |
| − | question, hee the said Antonio ffernandez Caravajall did lade or
| + | |
| − | cause to be laden aboard her then lying in the River of Thames,
| + | |
| − | and bound for the Canaries, severall XXX of ?ffrance linement, and
| + | |
| − | other goods and merchandizes, amounting in valew to XXXX
| + | |
| − | hundred pounds sterling or more, for the proper account and
| + | |
| − | adventure of him the said fferenandez, to be carried in her from that
| + | |
| − | port to the Canarie Ilands and there to be disposed of for the
| + | |
| − | advantage and proper acountm and they made thereof take
| + | |
| − | XXXXX in wines and West India goods, to be returned in the sd
| + | |
| − | shipp to this port for the said account of M:r ffernandez, XXX
| + | |
| − | XXX XXXXXXX being acquainted with the buying and
| + | |
| − | providing the said ??linement and other ?expressed goods by and for the
| + | |
| − | use of the said M:r ffernandez, and ?paying for the XXXX XXX, and
| + | |
| − | with the taking them aboard the said shipp in this port for the said
| + | |
| − | XXXX XXXX XXX keeping not ffernandez
| + | |
| − | ....
| + | |
| − | John XXXX de Miranda....
| + | |
| − | | + | |
| − | [I have stopped transcription here]
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==Edward Wood et al.:==
| + | |
| − | ===Thomas Bloodworth, deponent===
| + | |
| − | | + | |
| − | [P10900058]
| + | |
| − | [f. 561v]
| + | |
| − | | + | |
| − | The 19:th of ffebruary 1656
| + | |
| − | | + | |
| − | The clayme of Edward Wood William Bowyer
| + | |
| − | and Robert Thirkettle for the shipp the ''Starr
| + | |
| − | ffrigatt'' (whereof Richard Haydon was Master)
| + | |
| − | and her apparell tackls & furniture to the same
| + | |
| − | belonging taken formerly by Brestmen of Warr
| + | |
| − | and since retaken by the shipp ''Constant Warwick''
| + | |
| − | (whereof Richard Peter was & is Captaine) in the
| + | |
| − | ?imediate service of the Comonwealth & brought into
| + | |
| − | Plymouth: Colquito: Budd
| + | |
| − | | + | |
| − | Examined on an allegation in the behalfe of
| + | |
| − | the sayd Wood Bowyer & Thirkettle dated
| + | |
| − | the 4:th of December 1656
| + | |
| − | | + | |
| − | THOMAS BLOODWORTH of London Merchant
| + | |
| − | aged thirty two yeares or thereabouts a witness
| + | |
| − | sworne & examined saith and deposeth as followes
| + | |
| − | | + | |
| − | To the first article of the sayd allegation hee saith that this deponent
| + | |
| − | and M:r William Love & other Merchants of London were in the yeare one
| + | |
| − | thousand sixe hundred fifty fower lawfull Owners and Proprietors of
| + | |
| − | the ''Starr ffrigatt'' aclate and bought her and of her tackle Apparell and
| + | |
| − | furniture and of tenn Iron gunnes belonging to her and bought her
| + | |
| − | of the Commissioners of the Navie for the Commonwealth
| + | |
| − | in the yeare 1653 and hee this deponent and the said M:r Love and
| + | |
| − | other the Owners of her sold the sayd ffrigatt with all her tackle apparell
| + | |
| − | and furniture and the tenn Iron gunnes belonging to her (as by an Inventory
| + | |
| − | and letter of sale delivered unto the buyers at the sale thereof will appeare) unto William
| + | |
| − | Bowyer & Edward Wood & Robert Thirkettle aclate which sale were
| + | |
| − | soe made by this deponent & the other owners, unto the sayd Bowyer Wood
| + | |
| − | & Thirkettle in or about the moneth of September one thousand sixe
| + | |
| − | hundred fifty fower for and in consideration of the summe of fower
| + | |
| − | hundred & seaventy pounds sterling payd for by the sayd Bowyer Wood &
| + | |
| − | Thirkettle to this deponent & the sayd Love & other the Owners of XXXX
| + | |
| − | they bought her & XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX from which tyme the said Bowyer Wood & Thirkettle
| + | |
| − | were the true and lawfull Owners and Proprietors of the
| + | |
| − | sayd ''Starr ffrigatt'' & her tackle apparell and furniture and of
| + | |
| − | the sayd gunnes & XXXXXXXXX And further to this acle hee cannot depose.
| + | |
| − | | + | |
| − | To the ?9:th acle hee saith that hee verily beleeveth and is persuaded in his
| + | |
| − | conscience that the aclate Edward Wood William Bowyer and Robert
| + | |
| − | Thirkettle are all English men borne & subiects of this Commonwealth
| + | |
| − | and saith hee knoweth they are generally repouted soe to bee And
| + | |
| − | further to this acle he cannot depose
| + | |
| − | | + | |
| − | [I have stopped transcription here]
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==Matson agt. Naylor cont.==
| + | |
| − | ===John ?Danies of Wapping: deponent===
| + | |
| − | | + | |
| − | P10900058]
| + | |
| − | [f. 562r]
| + | |
| − | | + | |
| − | Matson ag:t Naylor
| + | |
| − | | + | |
| − | The 21:st day of ffebruary 1656
| + | |
| − | Examined upon the libell
| + | |
| − | | + | |
| − | 4:th JOHN ?DANIES of Wapping in the parishe of Stepney in the
| + | |
| − | County of Midd Labourer aged thirty sixe yeares or
| + | |
| − | thereabouts a witnesse sworne and examined saith and
| + | |
| − | deposeth as followeth viz:t
| + | |
| − | | + | |
| − | To the first arle of the sayd allegation hee saith that in the ?moneth and
| + | |
| − | tyme aclate & especially in the Moneth of may last past the aclate Elizabeth
| + | |
| − | Matson was commonly reputed the true and lawfull Owner and proprietor
| + | |
| − | of the lighter aclate and of her appurtenances And further to this
| + | |
| − | arle hee cannot depose
| + | |
| − | | + | |
| − | To the 2 3 4:th and 5:th arle of the sayd libell hee saith that upon the tenth of May
| + | |
| − | last the shipp the ''Mary'' of Ipswich aclate rode at Anchor in the River of
| + | |
| − | Thames against New Crane to take in Ballast and rode in a convenient
| + | |
| − | place where shipps use to ride to take in Ballast And the Lighter aclate was
| + | |
| − | ??there and ?then fast ??procured to the sayd shipps side, and the labourers on board
| + | |
| − | her (whereof this deponent was one) were ?heaving ballast out of her into
| + | |
| − | the sayd shipp the ''Mary'' And whilst they were soe doeing a hoye called
| + | |
| − | the ''Thomasin and Alice'' being the vessell aclate came downe the River under
| + | |
| − | sayle in the day tyme about two or three of the Clock in the afternoone of the sayd
| + | |
| − | day the sayd lighter then lying fast moored to the ''Mary'' and the Company
| + | |
| − | a board the sayd shipp ''Mary'' and alsoe those aboard the sayd lighter, and
| + | |
| − | amongst whereof them this deponent, seeing the sayd vessell the ''Thomasine
| + | |
| − | & Alice'' soe coming directly upon them called out to them and ?desyredd
| + | |
| − | them to lower their sayle and were to the southwards and and cast out their
| + | |
| − | Anchor thereby to avoide comming fowle of the the sayd shipp the ''Mary''
| + | |
| − | | + | |
| − | '''End of the image and text, but worth taking a new image to continue examining this case'''
| + | |
| − | | + | |
| − | ----
| + | |
| − | ==John Jeffreys, Thomas ?Colclough and Company, and Humfrey Beaneand Companie, March 4th 1656==
| + | |
| − | | + | |
| − | '''Abstract & context'''
| + | |
| − | ----
| + | |
| − | [Image P1090061]
| + | |
| − | [f. 628r.]
| + | |
| − | | + | |
| − | The 4:th day of March 1656:
| + | |
| − | | + | |
| − | A busisines of Examination of Wittnesses on the behalf
| + | |
| − | of John Jeffreys, Thomas ?Colclough and Company
| + | |
| − | Owners and employers of the shipp y:e ''?Rappahannack''
| + | |
| − | whereof Thomas Clarke was Master and her tackle
| + | |
| − | furniture and lading, And of Humfrey Beane<ref>Humfrey Beane. Just possibly Humphry Beane (b. ?, d. ca. 1680), of Ebbisham, Surrey (PROB 11/362 Bath 1-59 Will of Humphry Beane of Ebbisham, Surrey 14 January 1680</ref> and
| + | |
| − | Companie Owners of the shipp the ''Sarah'', whereof
| + | |
| − | Arthur Perkins was Master, and of Robert
| + | |
| − | Lewellin and Companie Owners of y:e goods in the same
| + | |
| − | against John Sxxoall Captaine and Commander
| + | |
| − | of the shipp y:e ''Mary'' of Amsterdam and the
| + | |
| − | XXXX of Middleburgh and ag:t
| + | |
| − | Vandergoose and [Blank in manuscript] ?Coymans and all ushers
| + | |
| − | Owners of y:e said shipps in pticalar and all others
| + | |
| − | in generall y.r Smith
| + | |
| − | | + | |
| − | Examined upon an Allega-
| + | |
| − | tion on the behalfe of the said
| + | |
| − | John Jeffreys, Colclough,
| + | |
| − | Beane, Llewellin and others
| + | |
| − | | + | |
| − | THOMAS CLARKE of
| + | |
| − | Rederhithe or Redriffe in y:e
| + | |
| − | County of Surrey late
| + | |
| − | Master and Commander of
| + | |
| − | the said shipp y:e ''Rappahannack''
| + | |
| − | aged 42. yeares or thereabouts
| + | |
| − | sworne in Court and examined
| + | |
| − | saith as followeth
| + | |
| − | | + | |
| − | To the first Arle of the said Accon hee saith, That in the monethe
| + | |
| − | of Aprill may June July August and September last past in y:e
| + | |
| − | yeare 1656 aclate, the aclate John Jefferies, Thomas Colclough
| + | |
| − | and Companie Merchants of this Citie of London were and at this
| + | |
| − | present ought to bee the true and lawfull Owners and Proprietors
| + | |
| − | of the shipp the ''Rappahannacke'' aclate, and of the Tackle appurtenances
| + | |
| − | and furniture, and XXX and as such they the said Jeffereys Colclough
| + | |
| − | and Companie were and are generally accompted reputed and taken
| + | |
| − | The premisses hee this depo:t sathm hee well knoweth, for that hee was
| + | |
| − | for all the time predeposed and for severall moneths proceeding the
| + | |
| − | same, and till the time of the seizure hereafter XXXX, Master and
| + | |
| − | Commander of the said shipp, and was soe constituted appointed and
| + | |
| − | made by the said John Jeffereys Thomas Colclough & Companie
| + | |
| − | in the quality of the Lawfull Proprieto:rs thereof as aforesaid
| + | |
| − | Hee further saith, That y:e aclate Humphrey Beane and
| + | |
| − | Companie alsoe Merchants of this Citie were the true and Lawfull
| + | |
| − | Own:ers of the aclate shipp the ''Sarah'' whereof Arthur Perkins was
| + | |
| − | Master, as this dep:t hath receoved from common and credible ?papers
| + | |
| − | touching the saidproprietie; And saith this dep:t hath alsoe credibly
| + | |
| − | heard by and from y:e said Arthur Perkins y:t
| + | |
| − | | + | |
| − | "XXX hereafter reste to bee XXXXed, And further hee cannot depose
| + | |
| − | | + | |
| − | To the 5:th Article of the said Accon hee saieth That in or about the
| + | |
| − | moneth of September 1656, and upon y:e 11:th day of the said moneth
| + | |
| − | according to y.e English style, the said shipp the Xappahamarck and or
| + | |
| − | y:e XXuct of this depon:t being at sea with y:e said 53 or 54 Negroes
| + | |
| − | and the residue of her said Cargo, and sayling towards and
| + | |
| − | being in sight of the said Cape de Lopes upon her quiett and peaceable trading
| + | |
| − | was mett with by two duch shipps the one called the ''Mary'' of
| + | |
| − | Amsterdam, and the other called the ''XXXX'' of Middleburgh both
| + | |
| − | of them being commanded by the aclate John SXXoll a Duchman
| + | |
| − | and Subject of the States of the United Provinces, which did then in
| + | |
| − | a violent and hostile manner sett upon surprize and take the said
| + | |
| − | shipp y:e Xappahammarke togeather with her Tackle furniture and
| + | |
| − | Negroes and the rest of her lading, and dispoyled and utterly ?deprived
| + | |
| − | this depon:t and Companie thereof and ?converted y:e same to the use
| + | |
| − | and benefitt of the said John Scroll and Companie. The premisses hee
| + | |
| − | knoweth by sadd a psonall experiences. And further saith, That by and
| + | |
| − | according to the credible relation of the said Arthur Perkins and Comp:nie
| + | |
| − | the said two Dutch shipps in the moneth of August, immediately
| + | |
| − | precedent had alsoe in a violent and
| + | |
| − | hostile manner assaulted surprized and taken y:e said shipp y.e ''Sarah''
| + | |
| − | and her tackle furniture and Negroes aforesaid shee being at an anchor
| + | |
| − | at or neere Cape de Lopes aforesaid, and had dispoyled and depXXXed
| + | |
| − | said Master and Companie thereof. And that indeed this depo:t being
| + | |
| − | himselfe and his said shipp shortly after surprized and taken as afores:d
| + | |
| − | did soe the said shipp ''Sarah'' in the power and possession of the said
| + | |
| − | John Scroll and of those under his Command in the said Dutch shipps
| + | |
| − | And further cannot depose
| + | |
| − | | + | |
| − | To the 6:th hee saith That the said shipps the ''Marye'' and y:e
| + | |
| − | ''Unicorne'' at the time of the surprizeall of this deponents said shipp y:e
| + | |
| − | ''Rappahamarrke'' were Dutch shipps, that is the ''Mary'' was and is a
| + | |
| − | shipp built at Amsterdam in Holland, and the said shipp y:e ''Unicorne''
| + | |
| − | a shipp which had beene taken by the Holland:ers or Zealanders from y:e
| + | |
| − | Portugueze and had been repaired and built upon in Zeeland, and saith
| + | |
| − | That at the time aforesaid both the said shipps carried Spanish Colours
| + | |
| − | but the night immediately prceeding the said seizure, this depon:t had
| + | |
| − | seene them carry the Colours of Middleborough in Zeeland And farther
| + | |
| − | saith that the said shipps were from y:e said United Provinces sett out
| + | |
| − | | + | |
| − | [Image P1090064]
| + | |
| − | [f. 629v.]
| + | |
| − | | + | |
| − | to sea each of them with a cargo of goods to trade at Guiney [?for]
| + | |
| − | Negroes, and pticulalry that one ?Vandergoes of Zeeland XXX XXX
| + | |
| − | principall ?Owner and imployer of the said shipp the ''Unicorne''
| + | |
| − | was alsoe interested in the other shipp y:e ''Mary'' and that the ?said
| + | |
| − | Vandergoes and others the Own:rs of the said shipps the ''Mary'' and
| + | |
| − | ''Unicorne'' were Dutchmen and Subjects of the said States of y:e
| + | |
| − | United Netherlands Provinces, ??All which the premisses of this dep:t
| + | |
| − | saith hee hath understood and beene very credibly informed of XXX
| + | |
| − | before the seizure of the said shipp the ''XXappahamarck'' and the
| + | |
| − | one Lucas ?Carrots Master of a shipp in XXXX belonging to Holland
| + | |
| − | then trading in these parts with whom this dep:t XXX at the XXX
| + | |
| − | dayes before y:e seizure of the said shipp ''XXappaXXXX'' XXXX the
| + | |
| − | depon:t asking whether there were any men of warr upon y:e XXX
| + | |
| − | answered noe, but that there were some Dutch Merchant shipps
| + | |
| − | and that hee knew where their Own:rs and Imployers lived, XXXX XX
| + | |
| − | hee know where his owne Own.rs lived, and that if hee were in
| + | |
| − | Amsterdam hee could presently goe to their or severall of their houses
| + | |
| − | habitations in that place, and moreover that therefore hee did not
| + | |
| − | feare them under any such notion, And ptly for y:t the said
| + | |
| − | Commander John Scroll and the Gunner of the said shipp y:e
| + | |
| − | ''Unicorne'' (this depo:t upon y:e said seizure being brought on bord XXX
| + | |
| − | and there continueing a prisoner for about 6 weekes after) did
| + | |
| − | sevearall times declare in the hearing of this depon:t that the said ships
| + | |
| − | were sett out, as aforesaid, by the said Vandergoes and others subject
| + | |
| − | of the States of y:e said United Provinces, and saith that XXX
| + | |
| − | said Scroll and one Claes or Nicholas ?Praine Merchant or
| + | |
| − | Supra Cargo of the said shipp ''Marie'' did aboard y:e said shipp
| + | |
| − | ''Unicorne'' declare to this depon:t that they had in and about y:e
| + | |
| − | said shipps a Cargaison for y:e procureing of two Thousand
| + | |
| − | ffive hundred Negroes to be transported to ??Carthagona in the
| + | |
| − | West Indies there to be disposed of and sold for y:e use of XXX
| + | |
| − | of such their Dutch ?Proprietors And further said That soe long as
| + | |
| − | this depo:t continued a prison:r in and aboard the said shipp ''Unicorne''
| + | |
| − | hee well observed that all or the most pt of their shipps XXX
| + | |
| − | and provisions consisted in ?grett, ?horse ?beXxanes and other XXXX
| + | |
| − | usually employed in shipps fitted and victualled from Holland and
| + | |
| − | other united provinces, and that severall of the said shipps ?Companie
| + | |
| − | then confessed, that the provisions of beef, and sundry XXXX of
| + | |
| − | water which they then had aboard y.e said shipps had beene by XX
| + | |
| − | taken in, in the said united Netherlands, or words and expressions
| + | |
| − | to that or the like effect. Hee further saith That hee this depon:t
| + | |
| − | | + | |
| − | [Image P1090065]
| + | |
| − | [f. 630r.]
| + | |
| − | | + | |
| − | was not present at the seizure of the said shipp y:e ''Sarah'' and therefore
| + | |
| − | doeth not know, what colours y:er said Dutch shipps carried at the time
| + | |
| − | of the said seizure otherwise than that hee hath credibly understood both
| + | |
| − | by the said Captaine Perkins and by severall of his Companie, thyt y:e
| + | |
| − | said Dutch Shipps at the time of the said seizure were or carried the
| + | |
| − | Hollands or Middleborough colours as this XXXXX now remembreth
| + | |
| − | And further cannot depose
| + | |
| − | | + | |
| − | To the 7:th hee saith, That by and according to y:e confession of the said
| + | |
| − | John Scroll and severall of his companie made to this depo:t during his
| + | |
| − | said imprisonment, hee the said John Scroll was an inhabitant of or
| + | |
| − | neere ??Monnisbondam in Holland, and that this depo:t during his said
| + | |
| − | restraint well observed abnd to the pticular notice y:t the said Scroll and
| + | |
| − | the Gunner, Steeresman, Chirurgion, Boatswaine, Carpenter and
| + | |
| − | Saile-maker and many others both Officers and common men aboard
| + | |
| − | y:e said shipp were Dutchmen subjects of the said States of the United
| + | |
| − | Netherlands; and that they generally acknowledged themselves soe to
| + | |
| − | bee, and that they were sent and employed out of the said United
| + | |
| − | Provinces for Guinney aforesaid. Hee further saith, That during
| + | |
| − | such this depon:ts restraint, the said Dutch shipps giving chase to enother
| + | |
| − | English shipp, whuch had beene tradeing in thoses parts of Guinney and
| + | |
| − | was then bound thence to y:e east Indies, by name the ''Lion and
| + | |
| − | Providence'', whereof was Captaine Timothy Craven, the said John
| + | |
| − | Scroll within this depo:ts sight and observation caused two gunns to be
| + | |
| − | fired at or against y:e said English shipp with intent to make y:e
| + | |
| − | same strike sayle to them & y:t a sword being brandished upon y:e said English
| + | |
| − | shipp in manner of Defiance, or that they would to their power defend
| + | |
| − | themselves, as is usually understood in such Casesm thereupon
| + | |
| − | the said Scroll tooke up a sword and brandishing y:e same said in Dutch
| + | |
| − | theise words or the like in effect, ''[Italics added by this editor] Ick hebbe mel een sweerde, ick
| + | |
| − | sal straax bÿ u comen,'' and soe by the said Scrolls order and direction
| + | |
| − | severall great gunns were discharged at and against the said English shipp
| + | |
| − | till such time, as shee was necessitated to submitt and surrender to y:e
| + | |
| − | said shipp the ''Mary'' then Admiral of the said Dutch shipps
| + | |
| − | which during all y:e said Conflict carried the Spanish Colors, but
| + | |
| − | when they first espyed any strange shipps, and particulalry when any of
| + | |
| − | West India shipps of the said United Netherlands came
| + | |
| − | neere them, they constantly carried the Middelborough Colo:rs and
| + | |
| − | saith that that place being beyond the Line, upon occasion of such
| + | |
| − | meeting, if the said shipps the ''Mary'' and ''Unicorne'' had beene
| + | |
| − | Spanishe, they and the said other Dutch West India shipps
| + | |
| − | would in all probability, and according to common and usuall custome
| + | |
| − | | + | |
| − | [Image P1090066]
| + | |
| − | [f. 630v.]
| + | |
| − | | + | |
| − | either have ?attacked or beene attacked by the Dutch, for y:t this XXXX
| + | |
| − | ?Doth not usually tolerate any shipp or shipps of other nations ??tradeing ??in
| + | |
| − | y:e West Indies And further hee cannot depose
| + | |
| − | | + | |
| − | To the Eighth Actle hee saith, That every one of the said XX XX XX
| + | |
| − | Negroes which this depon:t had on board his said shipp y:e ''XXXXXX''
| + | |
| − | at the time of the XXXX XXXXX, and alsoe the hundred Negroes XXXXXX
| + | |
| − | this depo:t intended to have procured with the XXX of the XXX outward
| + | |
| − | Cargoe would have given and produced in Virginia being the
| + | |
| − | place to which they were designed, thirty pounds ?ster:g at y:e
| + | |
| − | least, this depon:t before hee sett forth upon y:e voiage aforesaid
| + | |
| − | haveing here at London been offered 25:li sterling ready money ?for
| + | |
| − | ?such Negroes hee should procure and deliver at Virginia XXXX
| + | |
| − | and to have the benefitt of the moneys for y:e whole voiage, XXXX
| + | |
| − | would have procured rather more than ??less benefitt than that XX
| + | |
| − | is by him preXXXed, And further saith, That hee this depo:t
| + | |
| − | verily veleeveth, That the 160 negroes or thereabouts in and on
| + | |
| − | board the said shipp ''Sarah'' at the time of her said ?surprisall by
| + | |
| − | by being designed for Virginia or the Barbadoes, would have XXXXXX
| + | |
| − | ?produced to the Owners 30:li XXXX p head, or the worth thereof
| + | |
| − | in goods and ?Commodities of those Countreyes, And this dep:t
| + | |
| − | saith That about the eighteenth or 20:th day of December ?thatt this
| + | |
| − | depo:t after y:e seizure aforesaid being come to y:e Barbadoes, ?there
| + | |
| − | was credibly??informed by M:r Giles Thornbury Master of and English
| + | |
| − | Vessell then newely come in therewith Negroes from y:e XXX
| + | |
| − | of Guinney aforesaid, that hee had sold and disposed of them XXX
| + | |
| − | with another for 27 hundred weight of sugar p head, ?and a
| + | |
| − | hundred being there valewed at five and XXXX shillings, which is
| + | |
| − | more than y:e summe by him predeposed, And further cannot depose
| + | |
| − | saveing that the Negroes ?psons, which hee this depon:t had soe pcured
| + | |
| − | were all of them lusty young persons and soe hee intended to
| + | |
| − | have procured the remaining hundred of negroes, soe that they
| + | |
| − | would without any difficulty have procured the valew by him
| + | |
| − | predeposed and upwards. And further hee cannot depose
| + | |
| − | | + | |
| − | To the 9:th hee saith, hee knowing nothing of the contents of XXXX
| + | |
| − | further or otherwise than hee predeposed, for that hee this
| + | |
| − | depo:t was not at any time about y:e said shipp ''Sarah'' XXX XXX
| + | |
| − | their at the said Scroll and Companie had taken all y.e goods
| + | |
| − | and Negroes in question out of the same
| + | |
| − | | + | |
| − | To the 10:th Actle hee saith, That the said shipp y:e ''XXXXXXXXXXX''
| + | |
| − | being a shipp of the burthen of 220 tunns or thereabouts
| + | |
| − | | + | |
| − | [Image P1090067]
| + | |
| − | [f. 631r.]
| + | |
| − | | + | |
| − | bearing eight peeces of Ordinance togeather with her tackle apparell
| + | |
| − | furniture and provisions for y.e shipps companies and negroes were
| + | |
| − | at the time of the seizure aforesaid really worth the summe of Two
| + | |
| − | Thousand seaven hundred pounds sterling money of England, which
| + | |
| − | hee knowth for that a sixteenth pt of the said shipp before shee was
| + | |
| − | soe fitted and furnished to sea upon y:e voiage aforesaid, of this depon:ts certaine knowledge was by Richard Bull the former Master and pt
| + | |
| − | Owner thereof, sold unto y:e said Jeffereys and Colclough for ine
| + | |
| − | hundred pounds at the least, soe y:t the whole shipp in the condition shee
| + | |
| − | then was did after y:t rate amount unto 1600:li or thereabouts and with
| + | |
| − | y:e addition of all necessary tackle apparrell furniture provisions and
| + | |
| − | all conveniences for such a boiage and service, this depon:t is in his Conscience
| + | |
| − | and to the best of his Judgement fully convinced and assured of the value
| + | |
| − | of the premisses as hee hath predeposed y:e same, And as to y:e said
| + | |
| − | shipp y:e ''Sarah'', hee cannot depose anything knowlingly, as to the value
| + | |
| − | thereof, nor touching the freight or mens wages in and aboard y:e same
| + | |
| − | the voiage in question. And further or otherwise hee cannot depose
| + | |
| − | | + | |
| − | To the 11:th hee saith, That about two moneths after y:e
| + | |
| − | seizure of the said shipp ''?Xappahanmark'' the said Scroll and Companie
| + | |
| − | redelivered unto the Companies of the said surprized shipps, and of two
| + | |
| − | other English shipps, which they had alsoe thereabouts surprized and taken,
| + | |
| − | the said shipp ''Sarah'', they haveing taken out of the same all the provision
| + | |
| − | of Victualls, saveing two butts of beanes, two barrells of beefe, one hundred
| + | |
| − | of Stockfish and about 5. or 600. weight of bread, togeather with
| + | |
| − | some tunns of water, the Company then by them putt aboard y:e said
| + | |
| − | shipp ''Sarah'' being about 70. psons, and being strictly ordered and
| + | |
| − | enjoyned by the said seizo:rs to goe directly for England upon paine of
| + | |
| − | forfeiture of the said shipp if they deviated or tooke any other Courses or ?voiages ??20:th
| + | |
| − | would have required about three moneths time, but this depon:t and the said
| + | |
| − | Arthur Perkins & the rest of the seized shipps companie soe putt on board
| + | |
| − | the said shipp ''Sarah'' finding that such provisions were altogeather insufficient
| + | |
| − | for such a Companie and voiage, and haveing but one ?entire anchor; and one
| + | |
| − | peece ofa cable of about 50. or 60. fathom, and one suite of sailes very
| + | |
| − | thin and insufficient for such a voiage, and being unwilling to expose their
| + | |
| − | lives to such imminent and almost inevitable danger, they sailed from
| + | |
| − | Cape de Lopes aforesaid to y:e Island of S:t Thomas, where they were
| + | |
| − | necessitated to sell the said shipp y:e ''Sarah'' for Victualls to keepe them
| + | |
| − | alive and to furnish another small Vessell, which they there procured to
| + | |
| − | carry them to y:e Barbadoes, there to gett passage for England, and saith
| + | |
| − | if they had not steered y:e Course and sould the said shipp to the use and
| + | |
| − | intent aforesaid, they must in all probability have perished for want of
| + | |
| − | Victualls. The premisses hee declareth and knowth by sadd experience
| + | |
| − | to bee true And otherwise to this Acle hee cannott depose
| + | |
| − | | + | |
| − | [Image P1090068]
| + | |
| − | | + | |
| − | [f. 631v.]
| + | |
| − | | + | |
| − | '''This image is out of focus, uând unreadable - need to reimage this page'''
| + | |
| − | | + | |
| − | '''End of images for this deposition - go back to physical manuscript to see if there are further depositions. Also search elsewhere for any financial accounts of the voyage'''
| + | |
| − | ----
| + | |
| − | ==Possible primary sources==
| + | |
| − | | + | |
| − | '''Related to Cooke & Johnson vs. Batson'''
| + | |
| − | | + | |
| − | '''TNA'''
| + | |
| − | | + | |
| − | C 6/136/169 Short title: Watkins v Merchants of London. Plaintiffs: Mary Watkins widow. Defendants: Governor and Company of Merchants of London Trading into the East Indies [East India Company] and Richard Batson. Subject: money matters, London, Middlesex. Document type: bill, answer. 1657
| + | |
| − | C 6/140/88 Short title: Mackleir v Batson. Plaintiffs: Sir John Mackleir kt. Defendants: Richard Batson and William Chamberlayne. Subject: money matters, Middlesex. Document type: bill, answer, inventory. 1657
| + | |
| − | '''C 6/163/3 Short title: Batson v Bendish. Plaintiffs: Richard Batson. Defendants: Sir Thomas Bendish baronet and John Bendish. Subject: property in Haverhill, and Helions Bumpstead, Essex. Document type: bill, answer. 1663'''
| + | |
| − | | + | |
| − | '''C 10/13/142 Peter Thelwall v Richard Batson: money matters 1651'''
| + | |
| − | C 10/57/150 East India Co. v. Batson 1650
| + | |
| − | | + | |
| − | PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667
| + | |
| − | PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669
| + | |
| − | PROB 11/460 Dyer 46-88 Will of Thomas Batson of Stepney, Middlesex 23 April 1701, pp. 8
| + | |
| − | | + | |
| − | PROB 11/367 North 95-141 Will of Edward Lewin of Stepney, Middlesex 11 August 1681, pp. 6 (identical to "Edmond Lewin", a partner of Richard Batson in a Minories Glasshouse?)
| + | |
| − | | + | |
| − | '''Essex Record Office'''
| + | |
| − | | + | |
| − | Essex Record Office: D/DQ 41/39 : 2 October 1663: Deed to lead to the uses of a common recovery<ref>http://seax.essexcc.gov.uk/%5CViewCatalogue.asp?ID=146017, viewed 17/12/11</ref>
| + | |
| − | | + | |
| − | (i) Sir Thomas Bendish of Steeple Bumpstead Baronet, John Bendish son of Sir Thomas Bendish, his wife Martha Bendish
| + | |
| − | (ii) Richard Batson of London, merchant, Thomas Batson the younger of London, merchant
| + | |
| − | (iii) Thomas Plampin of London, silkman and and Francis Pemberton of the Inner Temple, London
| + | |
| − | | + | |
| − | In consideration of the marriage of John Bendish and Martha, daughter of Richard Batson. Recites marriage settlement of £6000 and articles of agrrement of 13 July 1663
| + | |
| − | | + | |
| − | The manors and lordships of Steeple Bumpstead, Bower Hall, Royley, Robtofts, Bendish, alias Old Hall, Bloyes [Blois] and Waltons, in the parishes of Steeple Bumpstead, Ridgewell, Hempstead, Stambourne, Helions Bumpstead and Haverhill, farms called Waltons, Old Hall, Old Parke, New Parke, an unnamed farm in the tenure of Robert Bun, Stambourne Farm, Bloyes, Smith Green, the Mill Ground, farms in the tenure of Mrs Perry, widow, Dean Farm, unnamed farms in the tenure of Richard Pepys, John Renolds, Thomas Arnett, Thomas Fitch, George Whale and all other messuages owned by Sir Thomas Bendish and John Bendish in the above parishes
| + | |
| − | | + | |
| − | ==Notes==
| + | |
| − | ===Related to Cooke & Johnson vs. Batson===
| + | |
| − | | + | |
| − | '''Richard Batson land holdings on Barbados'''
| + | |
| − | | + | |
| − | "Table 11: Merchants who bought land in Barbados in 1647<ref>Russell R. Menard, ''Sweet negotiations: sugar, slavery, and plantation agriculture in early Barbados'' (XXXX, 2006), p. 53</ref>
| + | |
| − | | + | |
| − | Martin Noell, James Noell, William Seeman 67.5 acres Consideration: £800 8 March
| + | |
| − | Colleton, John 80 acres Consideration: £250 14 March
| + | |
| − | Henry Quintyne 77 acres 10 April
| + | |
| − | Martin, James, Stephen, and Thomas Noell 5 acres Consideration: £30 14 April
| + | |
| − | Thomas Walker, John Webster, Nathan Grafty, Philip Holman 10 acres 17 April
| + | |
| − | Walker, Webster, Grafty, Holman 80 acres 18 May
| + | |
| − | M.,J., and T. Noell 21 acres Consideration: £160 29 May
| + | |
| − | Laurence Chambers 300 acres Consideration: £20,000 2 June
| + | |
| − | Walker, Webster, Grafty, Holman 30 acres Consideration: £300 9 June
| + | |
| − | Richard Ellis 25 acres Consideration: £40 11 June
| + | |
| − | Thomas Mathew 184 acres Consideration: £5000 13 June
| + | |
| − | Richard Batson 40 acres 1 July
| + | |
| − | Walker, Webster, Grafty, Holman 18 acres 1 July
| + | |
| − | M., J., S., and T. Noell 20 acres Consideration: £200 July
| + | |
| − | Nathaniel Starkey 23.5 acres 7 August
| + | |
| − | M., J., S., and T. Noell 6.5 acres Consideration: £32.6 20 August
| + | |
| − | Beatrice Odiarne 60 acres 9 September"
| + | |
| − | | + | |
| − | '''Batson involvement in Barbados'''
| + | |
| − | | + | |
| − | "[Sep. 10 1650]. Order in the Admiralty Committee that Richard Batson, Michael Davison, Paul Painter, and Mr. Fenwick, merchants, attend tomorrow, concerning a petition against them by the master and company of the ''Constant''. [I. 123, p. 458.]"<ref>Mary Anne Everett Greene (ed.), 'Volume 11: September 1650', Calendar of State Papers Domestic: Interregnum, 1650 (1876), pp. 320-365. URL: http://www.british-history.ac.uk/report.aspx?compid=54366 Date accessed: 20 December 2011</ref>
| + | |
| − | | + | |
| − | See related to above: "Feb. 17. 1671. London...414. I. List of subscriptions to be paid within 10 days to Jacob Lucie for the service of Barbadoes, advanced in pursuance of a letter of the Assembly of 17th November last, viz.:—Sir Paul Painter, Henry Drax, Giles Sylvester (in behalf of his brother Constant), Edward Pye, Thomas Wardall, Jacob Lucie, John Bowden (for himself and John Sparke), John Bendish, John Gregory, Ferdinando Gorges, Sir Peter Colleton, John Searle, and Phillip Bell, 10l. each; and Robert Legard, Thomas Batson, and John Worsam, 5l. each; total 145l., January 28, 1671."<ref>W. Noel Sainsbury (ed.), 'America and West Indies: February 1671', ''Calendar of State Papers Colonial, America and West Indies'', vol. 7: 1669-1674 (1889), pp. 160-167. URL: http://www.british-history.ac.uk/report.aspx?compid=70205 Date accessed: 20 December 2011</ref>
| + | |
| − | | + | |
| − | "[October 3rd 1652] Order of the Council of State. For a warrant for Richard Batson to transport 20 draught nags to Barbadoes for the use of his sugar mills there. [Ibid., Vol. LXI., p. 71.]"<ref>W. Noel Sainsbury (ed.).), 'America and West Indies: October 1652', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 390-392. URL: http://www.british-history.ac.uk/report.aspx?compid=69263 Date accessed: 17 December 2011</ref>
| + | |
| − | | + | |
| − | "[June 11th 1653] Orders of the Council of State. For a warrant for Martin Noell, Richard Batson, John Manniford, Wm. Chamberlaine, Wm. Draxe, and Sam. Cox, merchants and planters in Barbadoes, to transport thither 30 horses, upon the usual terms. Petition of Sir David Kirke to be referred to Committee of the Admiralty. For a warrant to permit John Evans and Peter Mackerell to export to Barbadoes 10 nags and 100 dozen of shoes, upon paying the usual duties. [INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75.]"<ref>W. Noel Sainsbury (ed.), 'America and West Indies: June 1653', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 403-405. URL: http://www.british-history.ac.uk/report.aspx?compid=69271 Date accessed: 17 December 2011</ref>
| + | |
| − | | + | |
| − | "17 December [1660]. Declaration made by Richard Batson, merchant of London, that he had appointed his nephew Thomas Batson of Barbados, merchant, to confirm a sale made by him on 7 May 1658 through his attornies William Tickell and Nicholas Martin of Barbados, merchants, of 200 acres known as Spring Plantation to Daniel Searle, Governor of Barbados. (''MCD 10'')<ref>Peter Wilson Coldham, ''The complete book of emigrants, 1607-1660'', vol. 1 (XXXX, 1987), p. 482</ref>
| + | |
| − | | + | |
| − | 1661.
| + | |
| − | | + | |
| − | [Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and about London, to the King. Whilst petitioners were endeavouring to lay before His Majesty some disadvantages that arose in Barbadoes by the Patent of the Earl of Carlisle, and praying either for no change of Governor or a disinterested person to be appointed, and were addressing certain proposals to the Lord Treasurer, letters from His Majesty were procured which have removed the Governor and given countenance to some settlement intended by Lord Willoughby, which tends much to the grief of petitioners and many of the ablest planters. Having stated to the Lords Chancellor and Treasurer the illegality of the Earl of Carlisle's Patent, and the advantage to His Majesty in sovereignty and revenue, in case the Planters have an immediate dependence on His Majesty, petitioners pray that fresh letters may be sent to Barbadoes, intimating His Majesty's resolution of taking the Plantations in America, and particularly Barbadoes, into a more immediate dependence on the Crown ; what the Crown will do for them ; and what it expects from them. Petitioners are confident that if no such despatch speedily be made the present power may be so made use of as many of the best planters may be forced to withdraw. Signed by Peter Lear, And. Riccard, '''Richard Batson''', Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell, Tobias Frere, Thomas Kendall, John Roberts, Will. Chamberlaine, Jona. Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1, 1660-1. 1 p. [Col Papers, Vol. XV., No. 25.] [[FootNote(''Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668'' (London, 1880) p. 14). See http://www.archive.org/stream/1964colonialrecordsc05greauoft#page/14/mode/2up, viewed 17/12/11]]
| + | |
| − | | + | |
| − | '''East Indies'''
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| − | "A letter addressed to the Governor and Committees for the Fourth Joint Stock is presented, * being the desires of divers of the adventurers in the Voyage. It suggests that all the goods now come from Bantam in the ''William'', the ''Dolphin'', and ''Advice'' ought to be for the account of the Second General Voyage, these ships being freighted and imprest money paid to them by the said Voyage and the Governor having often been heard to say in court ('although this be not booked downe ') that 'wee might not expect to have our shipps come home full fraight, but that the Joynt Stock had a good quantity of pepper and other goods ready at Bantam and other adjacent parts, which should be laden for accompt of the said Voyage, they allowing interest to the Stock for the time they should be out of purse of their moneys in providing the said goods *. If it had been expected otherwise, the Stock would no doubt have provided its own shipping and not laid the burden upon the Voyage. Yet wishing to comply with the desires of the Stock rather than to create a difference, the subscribers will waive the undoubted right of the Voyage to the said goods, provided that a like quantity of goods may be laden for account of the Voyage in the Endymion and Anne this ensuing year, which cannot in justice be denied, since letters from the factors report that they go on buying goods for account of the Voyage ready to lade on the ships. It is further proposed that no advantage should be taken of the order for turning over the remains of the Voyage to the Joint Stock at s. 6d. the rial, and that it be understood that, when the ''Ruth'', ''Endymion'', and ''Amte'' are laden, what remains, if it does not exceed 10,000 or ia,ooo rials, may be transferred to the account of the Stock, 'for that we desire to putt a period to the Voyage.' After consideration this letter is approved, confirmed, and directed to be presented to the Committees for the Joint Stock. There being an allowance of five per cent, made by the book of rates upon all linen cloth, Mr. Vivian proposes that the Committee of the Navy and Customs may be petitioned for a similar allowance upon calicoes ; this the Court consents to do if the allowance is denied, but not before. The Council of State wishing to buy the Company's saltpetre for the use of the Commonwealth, it is resolved that, if an officer is sent about this business, the Committees shall be called together to treat with him. Mr. James, formerly master of the ''Bilbao Merchant'' (now called the ''Bonito''), bought for this Voyage, is given 10/. as a gratuity ' for parting with his shippe '. No pepper, calicoes, or saltpetre to be sold at the next court of sales.
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| − | * "[August 17, 1649] The following names are appended: John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont."<ref>'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in [http://www.archive.org/stream/calendarofcourtm00eastrich#page/342/mode/2up Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343]</ref>
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| − | '''Richard Batson will, 1667'''
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| − | "RICHARD BATSON of B'dos, Citizen & cutler in London. 12 June 1667 (Carr 99) My only child Martha wife of John Bendish. Nephews Thos & Henry Batson who are my factors in B'dos. Storehouses there which I recovered from John Ford. Brother Willm. Batson, father of sd. Thomas & Henry & Richard another of his sons. Brother Thos. Batson & his wife & son Richard another..."<ref>''The Journal of the Barbados Museum and Historical Society'', vols. 12-14 (XXXX, 1944), p. 70</ref>
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| − | '''Possible investment in London glasshouse'''
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| − | "Minories or Goodman's Yard Glass House
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| − | This glass house is known to have been in use before 1641, when it was owned by Sir Bevis Thelwell, who had been a partner in a glass making enterprise 30 years earlier. In 1651, two merchants Richard Batson and Edmond Lewin obtained a twenty-five and a half year lease on the property and later sub-let it to practical glass makers. It was the subject of a Chancery Law suit between them which dragged on from 1657 to 1663. By 1677 Batson had dropped out and Lewin was apparently making bottles (but probably elsewhere). Lewin was probably one of the four furnace masters mentioned by Alberti, the Venetian ambassador in February 1673/4 as wanting to prohibit the import of Venetian glass. On 1st April 1678, Michael Rackett 'Master of a Glasshouse...for making white and green glasses in the Minories without Aldgate' made an agreement to supply the Glass Sellers Company to regularly supply them with 'white glasses'. From 1661, this glass house supplied the newly-formed Royal Society with glassware and it was one of two glass houses mentioned by the scientist Robert Hooke in his diary. He visited it on Thursday December 4th 1673 and again on Tuesday January 1st 1677/8, but on the latter occasion the fire was out (probably due to the change over between Lewin and Rackett at the end of the lease). It is also a likely source of information for Christopher Merret in 1662 when he was compiling his notes on his translation of the Italian glass making work by Neri. In December 1680 Michael Racket was recorded as shipping glasses to Jamaica. He was last mentioned working there in 1691. In 1692 Robert Hookes and Christopher Dodsworth and their shareholders bought-out a number of London glass houses, including one "manufacturing green glass at the Minories outside Aldgate". On 16th March 1699/0, the Flying Post mentioned that this glass house was making drinking glass and all other sorts of glasses and it was then owned by "Craven Howard Esq. and other trustees". Earlier that year it had been advertised to be let."<ref>http://www.cbrain.mistral.co.uk/minories.htm, viewed 17/12/11</ref>
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| − | ===Christopher Boone===
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| − | Names mentioned
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| − | John Willmott<ref>John Willmott's name is included in a 'Petition of the Portugal merchants, delivered the 7th of March, 1654' (Thomas Birch (ed.), 'State Papers, 1655: March (2 of 8)', ''A collection of the State Papers of John Thurloe'', vol. 3: December 1654 - August 1655 (London, 1742), pp. 195-219. URL: http://www.british-history.ac.uk/report.aspx?compid=55369 Date accessed: 19 December 2011.</ref> of London, merchant (Spanish merchant, lived in Seville) - deponent
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| − | Francis Thoris - deponent
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| − | Benjamin Bathurst - deponent (lived in Spain for the space of a year +, in Seville, ending about August ?1654 in a house with one M:r Anthony Upton, who & his Company vizt his brother Gilbert Upton & Gerrard LLoid were the correspondents to and agents of the aclate Christopher Boone
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| − | Daniell de Leon & ffrancisco Paninque (alias Panninck), agents of the aclate Adrian Goldsmith, at Seville. These correspondents dealt with Christopher Boone's correspondents (Anthony Upton..), also in Sevill
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| − | Adrian Goldsmith, Antwerp
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| − | Anthony Upton<ref>"In August 1658 the ''Golden Star'', Mr. Thomas Sprettiman, was let to freight in Cadiz to Anthony Upton, factor for Christopher Boone of London, merchant, to carry wine from the Canaries to London. On passage she was seized by the ''Alexander''..." (Peter Wilson Coldham (ed.), ''English adventurers and emigrants, 1609-1660: abstracts of examinations in the High Court of Admiralty with reference to Colonial America'' (XXXX, 1984), p. 169)</ref>, factor, Seville
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| − | Ships: ''Sampson'', ''Salvador'', ''St. George'' and ''Morning Star''
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| − | PROB 11/332 Penn 1-66 Will of Anthony Upton of Seville 25 January 1670
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| − | "Jan. 26. Whitehall, 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved.
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| − | As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page]"<ref>Mary Anne Everett Green (ed.), ''Calendar of state papers, Domestic series, 1655-6)'', vol. 9 (London, 1882), p. 139. See http://www.archive.org/stream/cu31924091770432#page/n173/mode/2up, viewed 19/12/11</ref>
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| − | [Image P109004]1
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| − | [f.372v-XXXX]
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| − | ADD TEXT ON CHRISTOPHER BOONE CASE
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