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HCA 13/71 f.100-f.149 FULL TEXT

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HCA 13/71: f.100r P1130402 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.100r</folio>
<picture>P1130402</picture>
<case-summary>The Lord Protector against a certaine shipp called the fortune:</case-summary>
<deposition>4. Charles Anquestil, of Callice in ffrance Mariner and Gunner of the said shipp the Mary Royall, aged <quantity value="years">40</quantity>: yeares or thereabouts a Wittnesse</deposition>
<document-date normalized="25/02/1655"></document-date>
<status>Requires transcription</status>
<first-transcriber>Colin Greenstreet</first-transcriber>
</header>

<document-start>
1. by lowring their sayles in honer and XbXXXXXXXXXXX and to the English
2. Colours and that they could with ease have taken the said shipp
3. without any ayd or assistance of or from the said English, The
4. premisses hee knoweth and declareth upon the grounds aforesayd
5. And further, saving his subsequent deposition, cannot depose:
6. To the 7th and 8th arles of the said Allegations hee saith, That presently
7. upon the said seizure, the Captaines of the said frenchmen of warr
8. went aboard the said English frigat, with their respective Commons WHAT IS THIS A CONTRACTION FOR?
9. to demand and reclaime the said shipp fortune and lading as their
10. Prize, and being by the Officers of that friggatt referred to the
11. English Commander in Chief then being in the Downes, they went
12. also aboard him to the same effect, and were answered by the said
13. Commanders that hee could not deliver them the said shipp fortune
14. and Lading, till hee had writt about them, and received advice from
15. London, whereupon they should have the said shipp and Lading, in
16. case they should be found Lawfull prizes to them, the said french
17. Captaines and Companies, The premisses hee saith hee partly saw,
18. and partly understood from the said Captaine John Coveruserat his
19. returne from the said English Officers aboard his said shipp the
20. Mary Royall, And further cannot depose./
21. To the 9th hee saith, the said shipp the Goulden Eagle was and is
22. as shipp of <quantity value="tun">200</quantity>: tunns or thereabouts, and had about <quantity value="men">100</quantity>. men, and
23. <quantity value="guns">12</quantity>. gunns aboard her at the time of the poursuite and Capture
24. aforesaid, and that the said shipp Mary Royall was and is a
25. Vessell of about <quantity value="tun">700</quantity> tunns, having aboard her at the time
26. aforesaid about <quantity value="men">100</quantity>. men, and <quantity value="piece">9</quantity>. peeces of Ordnance; and were
27. either of them able enough to have overpowred and taken the said
28. shipp fortune, shee having onely about <quantity value="men">9</quantity>. ˹or˺ <quantity value="men">10</quantity>. men, and <quantity value="gun">five</quantity> gunns
29. aboard her. and in regard of her lading being not in a capacity to
30. have entertained a fight with them or either of them, This hee well
31. knoweth being a person who hath for many yeares ˹been˺ used to the sea in
32. warlike imploying.[XX] And further saving his foregoing deposition hee
33. cannot depose./
34. To the 10th hee saith, That the said shipp the fortune her lading in
35. Controversy consisted principally in wynes and brandewine of
36. Nantes, but by whom or what Committiemen the same were there
37. Laden, or for whose particular accompt they went, hee knoweth not
38. otherwise, than that by reason of her said flight, And according to
39. common report, such the said Vessell hath been brought to this
40. Port to unlade, the same belonged to fflandrians Subjects of the
41. king of Spaine. And further cannot depose./
42. To the last hee saith, his foregoing deposition is true:/
43. To the Crosse Interries:-TEXT IS CENTRED
44. To the first hee saith, hee never knew the shipp fortune untill the
45. time of the Chase predeposed:-/
46. To the second hee saith hee did not see nor was at the lading of the
47. Lading of the goods controverted; nor knoweth any of the persons
48. interrate nor whose Subjects they are./
</document-end>

HCA 13/71: f.100v P1130403 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.100v</folio>
<picture>P1130403</picture>
<case-summary>The Lord Protector against a certaine shipp called the fortune</case-summary>
<deposition>Charles Anquestil, of Callice in ffrance Mariner and Gunner of the said shipp the Mary Royall, aged <quantity value="year">40</quantity>: yeares or thereabouts a Wittnesse</deposition>
<document-date normalized="25/02/1655"></document-date>
<status>First cut transcription completed; requires checking</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>

<document-start>
1. To the ships hee saith the said shipp the fortune her Lading
2. consisted of wynes and brandewines, as hath since appeared to this
3. deponent and contests upon her dischargeing here in this port of London
4. And knoweth nothing nothing of any such papers or writeings as
5. is interrate:-
6. To the 4th hee saith hee knoweth nothing thereof.
7. To the 5th hee saith the said shipp fortune was taken by the said English
8. friggat about <quantity value="league">a</quantity> league of the English Coast, shee not being then
9. under the Command of any English fort or Castle, nor within shott"within shot" inserted above line of any English
10. man of warr"Of warr" is inserted above line thereabouts, that Lay at anchor thereabouts./
11. To the 6th hee saith, the said frenchmen of warr never left pursuite of the
12. said shipp fortune, till shee was seized and taken from them as aforesaid
13. which was as aforesaid about <quantity value="league">a</quantity> league from the English shoare, and not more
14. any such Command or shott as is interrate
15. Charles fff anquestilHIS SIGNATURE
16. <header>
17. <folio>HCA 13/71 f.100v</folio>
18. <picture>P1130403</picture>
<case-summary>The Lord Protector against a certaine shipp called the fortune</case-summary>
<deposition>5. John Mercier, of Callice in france, Mariner, Quartermaster of the sayd shipp Goulden Eagle, aged <quantity value="year">29</quantity>. or thereabouts </deposition>
<document-date normalized=""></document-date>
<status>First cut transcription completed; requires checking. First cut transcription used in MarineLives.org web posting ("The Quartermaster's story")</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>
<document-start>
19. The same say examined upon the said Allegation,/
20. 5.us/ John Mercier of callice in france Mariner Quartermaster
21. of the sayd shipp Goulden Eagle aged <quantity value="year">29</quantity>. or thereabouts a Wittnesse
22. sworne and examined saith as followeth./
23.
24. To the first Arle of the said Allegation hee saith, That hee this deponent
25. hath well knowne the shipp the Goulden Eagle allate, whereof the arlate
26. John Bernard was and is Captaine and Commander ever since shee hath
27. beene a man of warr belonging to the Port of Callice in ffrance, which had
28. bin for about <quantity value="year">2</quantity>. yeares and a half last past, for all which time the arlate
29. Count of Charrot Governour of Callice hath bin and is generally reputed
30. Proprietor thereof. as also of the shipp the Mary Royall arlate whereof
31. the arlate John Coverne was and is Commander which shipp hath belonged
32. to the said Port of Callice for about 28 yeares last past, And saith hee hath
33. knowne the said shipps proceed in Companie upon sevrall voiages from the Port
34. upon warlike imployments against the Spaniards and other enemies of the
35. Commonwealth Crowne of france, more particularly the 26th day of January
36. Last new style the said shipps the said shipps proceeded togeather to Sea
37. being hereunto Commissionated by the Duke of Vandome Grand Admirall
38. of ffrance, which <alternative value="SIC: A contraction, but unclear what word is a contraction for">Commons</alternative> this deponent hath often seene aboard the said shipp
39. respectively, and particularly that of the Goulden Eagle in her said last
40. Voiage having made Copies thereof, and serving aboard the said shipp in the
41. quality of Quarter Master as aforesaid. And further deposeth not
42. To the second arle hee saith, That the said shipps being at Sea in Course
43. as aforesaid duels and legally Commissionated did upon the 30th day of
44. January last past new style XXXX discover and came in view of the shipp
45. the fortune arlate shee being under sayle within about a league and a halfe
46. from the Cape of Grimay XXXe coast of ffrance, shapeing her direct Course
47. for Dunquirke or some other Port of fflanders in obedience to the King
48. of Spaine, whereupon they immediately gave her chase, they bearing the
49. french Colours and pursueing her by the space of about 6. howers. in and
50. during which pursuite shee made all possible sayle to escape from them
51. the said frenchmen of warr, which discharged 7. peeces of Ordnance
52. with bulletts at and against her, to make her strike sayle and submitt to
53. them. Of the premisses hee saith hee hath assured knowledge for that hee
54. servedWORD "served" IS BOTTOM RIGHT JUSTIFIED
</document-end>

HCA 13/71: f.101r P1130404 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.101r</folio>
<picture>P1130404</picture>
<case-summary>The Lord Protector against a certaine shipp called the fortune</case-summary>
<deposition>5. John Mercier, of Callice in france, Mariner, Quartermaster of the sayd shipp Goulden Eagle, aged <quantity value="year">29</quantity>. or thereabouts</deposition>
<document-date normalized="25/02/1665"></document-date>
<status>First cut transcription completed; requires checking</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>

<document-start>
1. Served and was aboard the said Shipp the Goulden Eagle
2. during the discovery flight and pursuite predesposed
3. To the third Arle hee saith, That there being noe visible probabilitie
4. that the said shipp fortune should escape from the said <quantity value="ship">two </quantity>frenchmen of
5. warr, nor recover Dunquirke or any other Port of fflanders, ˹(being so closely pursued)˺ the said
6. Master and Companie of the said shipp fortune steered their Course towards
7. the Coast of England, intending, as this deponent in Conscience is most firmely
8. assured, to gett under the protection of some English shipp or shipps of
9. warr, the said frenchmen of warr still pursueing, and comeing neare to
10. the said shipp fortune in a readinesse to have layd her aboarde and taken
11. her and her lading, The premisses hee declareth upon the grounds of
12. knowledge and conviction in Conscience aforesaid. And further
13. cannot depose./
14. To the 4th hee saith, That during the said pursuite and upon discharge of
15. severall gunns as predeposed, an English frigatt rideing at anchor neere
16. or in Dover roade weighed anchor and made up towards them; and the Officers thereof"Officers thereof" inserted above line haveing
17. spoken both to the Captaines of the said frenchmen of warr, and to the
18. Master of the said shipp fortune, and being informed that the said shipp
19. fortune was poursued by"by" inserted above line them in order to take her and her lading, as belonging
20. to the enemies of the Crowne of ffrance and bound for fflanders the said
21. frigat without any opposition departed and returned for the roade of
22. Dover, and another English frigat in the immediate service of this
23. Commonwealth comeing from the Westward of England and dischargeing two
24. gunns, the said frenchmen of warr in obeisance and respect to her
25. lowered their sailes just as they were within muskett shott or thereabouts
26. from the said shipp fortune, and readie to have boarded and taken her,
27. of which lowring their sayles the said English frigat takeing the oportunity
28. sent men aboard the said shipp fortune, who possessed themselves of her
29. and her lading, and carryed brought them for England depriving the said
30. frenchmen of warr thereof. The premisses hee well knoweth being
31. being present at the same in the condition predeposed./
32. To the 5th hee saith, That the said shipp fortune according to the Course shee
33. shaped when first discovered as aforesaid, was undoubtedly bound for
34. Dunquirke or some other Port of Spanish fflanders shee then being neere
35. unto the Coast of ffrance which which is the usuall Course of shipps bound
36. from france for fflanders doe take during hostility betweene England and
37. Spaine, thereby the better to escape the being discovered and seized by
38. the English, so that in all probability the said shipp fortune, if shee had
39. not bin pursued as aforesaid, had passed undiscovered by the English, and
40. had attained her desired port in fflanders The premisses hee declareth
41. upon the grounds before expressed, and for that being a seafareing person
42. and accustomed, to the coast aforesaid hee is XXXX"to the coast aforesaid hee is" inserted above the line well versed in the fflandrian practizes in order to their
43. security in such cases. And further cannot depose./
44. To the 6th hee saith, That in case the said shipp fortune and lading
45. had not bin boarded and taken as they were by the said English
46. friggatts Companie, the said <quantity value="ship">two</quantity> frenchmen of warr were in a
47. readinesse immediately to have boarded and taken them, they the
48. being at about a muskett shott distance from her, and, without any
49. ayd or assistance, were then sufficient to have overpowred and taken
50. (her"Her" IS RIGHT JUSTIFIED AT BOTTOM OF PAGE
</document-end>

HCA 13/71: f.101v P1130405 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.101v</folio>
<picture>P1130405</picture>
<case-summary></case-summary>
<deposition></deposition>
<document-date normalized=""></document-date>
<status>Largely completed first cut transcription; blurry image unreadable for last nine lines. Check original image</status>
<first-transcriber>Colin Greenstreet, 05/09/12</first-transcriber>
</header>

<document-start>
1. her, had they not in obeissance as aforesaid Lowred sailes, and attendXXX
2. the said English frigatt, And this hee saith and affirmeth. to be true and
3. notorious of this deponents sight and certaine knowledge
4. To the 7th and 8th arles of the said Allegation hee saith, That presently
5. upon the said Capture amde by the said English friggatt, the Captaines of
6. the said frenchman of warr went aboard the said friggatt and demanded the
7. said shipp and Ladeing as a Prize of right to them belonging, but
8. being denyed the same went shortly after, aboard"aboard" inserted above the line the English then Commander
9. in chief rideing in the downes about <quantity value="league">two</quantity> leagues distant from the said
10. seizure, where having also demanded the said shipp fortune and Lading
11. as their just and lawfull Prize, the said Commander: (as this deponent understXXX
12. from the said Captaine Bonnard upon his returne) told them hee must
13. write to London about it, and if hee received order from his Superiors
14. to restore the same to the said french Captaines hee would doe it, otherwise
15. hee could not discharge her being shee was boarded and taken by the
16. English, or to that or the Like effect, And further cannot depose
17. To the 9th hee saith, the said shipp Goulden Eagle was and is a shipp of
18. about <quantity value="ton">70</quantity>. tonnes, and had aboard her at the time aforesaid about <quantity value="men">100</quantity>. men
19. and <quantity value="piece">nine</quantity> peeces of Ordnance, and that either of the sayd shipps alone was
20. sufficiently able to have taken the shipp fortune, if they had not
21. bin hindred and retarded by the English as aforesaid, The reasons of
22. his knowledge hee hath predeposed/
23. To the 10th hee saith, That as this deponent and contests have observed justlie
24. their late coming to London, the said shipp fortune being unladen in the
25. Port, had in her a lading of wynes and brandewine of Nantes, and
26. were certainely bound for fflanders as aforesaid. but to whom consigned
27. or for whose particular accompt or accompts hee saith hee knoweth not
28. And further cannot depose./
29. To the last hee saith his foregoing deposition is true
30.
31. To the Crosse Interries/:-Centre heading
32. To the first hee saith, hee never knew the shipp fortune interrate
33. till the time of the chase and seizure predeposed
34. To the second, hee saw not the lading nor knoweth any of the XXXX XXXXX
35. To the third hee referreth To his foregoeing deposition, And further knoweth not
36. To the 4th hee saith hee was not aboard the shipp fortune interrate,
37. And therefore cannot depose./
38. To the 5th hee saith, the said seizure was made about a league from
39. the English coast, but not under the Command of any English fort nor
40. Castle; nor under shott of any English shipp or shipps of warr lyeing
41. at anchor for the defence of this Commonwealth./
42. To the 6th hee saith, the said frenchmen ˹of˺ warr never deserted the pXXXX
43. aforesaid, till the Capture predeposed, and that their further purXXXX
44. of the fortune was about a league distance from the English Coast
45. but not under any such Command or shott as is interrate:-/
46. <margin value="bottom left">Repeated in Court with his precontests/</margin>
47. Feban Alerchier SIGNATURE, bottom RH side
</document-end>

HCA 13/71: f.118r P1130406 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.118r</folio>
<picture>P1130406</picture>
<case-summary></case-summary>
<deposition></deposition>
<document-date normalized=""></document-date>
<status>Requires transcription</status>
<first-transcriber>Colin Greenstreet</first-transcriber>
</header>
<document-start>
1. To the 18th and 19th arles of the sayd allon This deponent saith That att such tyme as
2. the sayd shipp came upon the sayd sands, all the foresayd goods laden in her att Quinsburg
3. as aforesayd, (the sayd <quantity value="bundle">bundle</quantity> of hemp sold att Christian Sands excepted) were on board
4. her. And were all (except as before excepted, and except some Clapboard and
5. some of the oares˹some of the oares˺ inserted above line which beleiveth the Fishermen aforesayd tooke out of her) delivered in this
6. Port to the parties to whom they were consigned, this deponent being present att
7. and assisting in the delivery of them. And he lastly saith that all the dammage
8. which happened to the sayd goods did ćome and happen to the same by reason of
9. the sayd severall stormes aforesayd, and by reason of the disaster of the
10. sayd shipps comeing upon the sayd sands, And the master and Company of
11. the sayd shipp did during the whole voyage doe their best endeavor
12. XX in their respective dutyes, and that noe dammage att all befell the sayd
13. goods or any of them by the fault or neglect of the sayd master and Company
14. which hee knoweth to be true being Steersman of the sayd shipp and an
15. eye=witnesse of all that happened in manner aforesayd.
16. To the last he saith his deposition is true.
17.
18. To the Crosse Interries [TEXT IS CENTRED]
19. XXXX
20.
21. <header>
22. <series>HCA 13/71</series>
23. <folio>f.118r</folio>
24. <picture>P1130406</picture>
<case-summary>On the behalf of John Digby of London merchant</case-summary>
<deposition>John Whittell, of the parish of Saint Maudlins Milkstreet London, Secretary to the worshipfull Commissioners for prize goods</deposition>
<document-date normalized="14/03/1655"></document-date>
<status>First cut transcription completed, 29/08/12</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>
<document-start>
25. On the behalfe of John Digby)
26. of London merchant)
27. The <date value="14/03/1655">fourteenth day of March.1655</date>.
28. John WhittellName in large letters of the parish of Saint Maudlins Milkestreet London
29. Secretary to the worshipfull Commisioners for prize goods sworne
30. before the right worshipfull John Godolphin Doctor of Lawes, one of the Judges
31. of the high Court of Admiralty saith as followeth vizt
32. That the foresayd Commissioners for prize goods by vertue of an order of his
33. HighnesShould his Highnes be coded as profession (title) the Lord Protector and the Councell being of the tenor following. vizt.
34. <date value="08/05/1655">Tuesday 8th May 1655</date>. At the Councell att Whitehall. Whereas an Arrest
35. and seizure having bene here to fore made within the Territories of the King
36. of Denmark of divers shipps and goods of this Commonwealth, by Order
37. of the sayd King, some of the shipps and goods belonging to the Subiects of
38. that King were (in regard thereof) seized upon within the Ports or by the
39. shipps of this Commonwealth in the yeare .1652. That is to say the shipp the
40. MariaMaria is at bottom RH corner of page
</document-end>

HCA 13/71: f.118v P1130407 Current Transcription

<header>
<series>HCA 13/71</series>
<folio> f.118v</folio>
<picture>P1130407</picture>
<case-summary></case-summary>
<deposition></deposition>
<document-date normalized=""></document-date>
<status>First cut transription completed, 29/08/12</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>
<document-start>
1. Maria of Copenhagen, the shipp the Lynworme of Tansborough, the
2. shipp the Saint John of ffrederickstat, the shipp the Saint Olave of
3. Bergen Christian Johnson Master, the shipp the Hector taken by the
4. Adventure, and the shipp Justice of Copenhagen John Mathews
5. Master. Ordered by his Highnes the Lord Protector and the CouncellSecond "c" of Councell has an acute accent
6. that the Commissioners for prize goods, of and hereby are empowered
7. and require forthwith to make sale of the sayd shipps before named, and
8. of the goods provisions and furniture thereunto belonging to the best
9. benefit and advantage of the State. [signed]Square brackets are in original manuscript Hen: Scobell Clerk
10. of the Councell]Closing quare bracket in original manuscript, but no matching opening square bracket Did upon the <date value="07/09/1655">seventh day of September 1655</date>.
11. last past sell one of the says shipps mentioned in the sayd Order by the name
12. of the Lynworme of Tansborough and furniture there unto belonging"and furniture there unto belonging" inserted above line unto the foresayd John Digby of
13. London merchant for the summe of <currency value="pounds">one hundred thirty three</currency> pounds
14. of currant money of England.
15. Whittell Ornate signature, below text at RH side of page
16.
17. <header>
18. <series>HCA 13/71</series>
19. <folio> f.118v</folio>
20. <picture>P1130407</picture>
<case-summary>Blawork against harris and Chambers</case-summary>
<deposition>1. William Peters, of Blackwall in the county of Midds, mariner, aged <quantity value="year">25</quantity> yeares or thereabouts</deposition>
<document-date normalized="15/03/1655"></document-date>
<status>Starting first cut transcription</status>
<first-transcriber>Colin Greenstreet, 29/08/12</first-transcriber>
</header>
<document-start>
21. Blawork against harris and Chambers)
22. <date value="15/03/1655">The 15th of March 1655</date>.
23. Examined upon an allegacon given
24. on the behalfe of the said Baurok the
25. <date value="07/03/1655">7th instance</date>
26. <margin value="Left">Rp.</margin>
27. .1. William Peters of Blackwall in the County
28. of Midd Mariner aged <quantity value="year">25</quantity> yeares or thereabouts.
29. Sworne and examined.
30. To the first article hee saith and deposeth that hee well
31. knoweth the arlate John Harris and saith that hee the said Harris
32. together with Laurence Chambers arlate were the time arlate
33. freighters or Imployers of the shipp the littell George and for such
34. commonly accompted, which hee being then servant to Christofer
35. Mitchell her master, and otherwise hee cannot depose.
36. To the second article hee saith and deposeth that within teh said time
37. namely in or about <date value="01/01/1647">January</date> or <date value="01/02/1647">ffebruary 1647</date> the arlate John harris
38. did hire and agree with the said Christofer Mitchell to goe and serve as
39. master of and in the said shipp the littell George for a voyage with
40. her to be made from this port of London to severall places beyond the seas as Barbadas, Antega, the coast of Barbary and coast of
41. Spaine, and back againe for this port of London
42.
</document-end>

HCA 13/71: f.119r P1130408 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.119r</folio>
<picture>P1130408</picture>
<case-summary>BlaXXXX against harris and Chambers</case-summary>
<deposition>1. William Peters, of Blackwall in the county of Midds, mariner, aged <quantity value="25" measure="year">25</quantity> yeares or thereabouts</deposition>
<document-date normalized="15/03/1655"></document-date>
<status>Started first cut transcription, 30/08/12</status>
<first-transcriber>Colin Greenstreet, 04/09/12t</first-transcriber>
</header>
<document-start>
1. Mark, and saith that they well and served in the said shipp the said voyage
2. the said Mark at <currency value="shilling">30</currency>s per moneth and this deponent at <currency value="shilling">20</currency>s per moneth
3. and that much they well deserved for their said service, and soe much they
4. earned and was paid their said master for their like service in former voyages.
5. And saith that both the said Christofer Mitchell and alsoe this deponent
6. and the said Mark entred into pay in the said shipp on or about the <date value="01/03/1647">first day
7. of March 1647</date>, and sailed in the said shipp to severall parts and places
8. beyond the seas in the said imployment of the said harris and Chambers
9. and continued in the said service and imployment the said Mitchell
10. the master to the <date value="10/11/1647">tenth of November</date> next following or therabouts at
11. which time hee died, and then the said Mark who to that time had
12. sailed as boatswaine of the said shipp was by the thXXX following master
13. Arthur CoysgaXXne appointed masters mate, and this deponent who
14. to that XXX time had sailed as a common man was appointed boatswaine
15. in that said Marks place, and ˹they both˺ served in the said qualities about <quantity value="10" measure="month">tenn</quantity>
16. monethes after the said Mitchells death, XX that the whole time
17. of thr service of the said Mark and this deponent in the said shipp the
18. said voyage, was <quantity value="18" measure="month">eighteene</quantity> monethes or thereabouts, and saith the
19. said Mark for the time hee served boatswaine masters mate in the said
20. shipp deserved <currency value="pound">three</currency> pounds per moneth for this service and this
21. deponent <currency value="shilling">30</currency>s per moneth for the said time hee served boatswaine
22. and such were common rates for the like service. And otherwise hee
23. cannot depose.
24. To the fifth hee cannot depose, saving hee hath heard Mr
25. harris say that Mr had a booke wherein the mens wages
26. and names were entred or to that effect.
27. To the 6th hee referreth himselfe to this XXXXs deposition and cannot
28. otherwise depose.
29. To the 7th hee cannot depose, saving hee hath heard the producent
30. X Sara Bannock make demand of the said wages of the said harris.
31. <margin value="left">Deposed before Dr Godolphin</margin>. see the 2d in Az./.
32.
33. <header>
34. <series>HCA 13/71</series>
35. <folio>f.119r</folio>
36. <picture></picture>
<case-summary>Wright and Company against Lenthall and Nutt </case-summary>
<deposition>1. Samuell Whitby, of the Cittie of London, Merchant, aged <quantity value="20" measure="year">20</quantity> yeares or thereabouts</deposition>
<document-date normalized="18/03/1655"></document-date>
<status></status>
<first-transcriber>Colin Greenstreet, 04/09/12</first-transcriber>
</header>

<document-start>
37. The 18th of March 1655/
38. Wright and Company against Lenthall and Nutt)
39. Suckley Budd)
40. Examined on an allegation given in and admitted on the
41. behalfe of ffrancis Lenthall the yonger and George Nutt/
42. <margin value="left">Rp A dXX XXXX</margin>
43. Samuell Whitby of the Cittie of London Marchant
44. aged <quantity value="20" measure="year">20</quantity> yeares or thereabouts a wittnes sworne and
45. examined saith and deposeth as followeth vizt./
46. To first arle of the sayd allegation hee saith that hee this deponent being then at
47. Mallaga and imployed by the arlate Robert Whitby their as an Agent for him
48. in his Merchandizing affayres thereby well knoweth that the sayd Robert Whitby
49. did on the behalfe of the arlate ffrancis Lenthall and George Nutt (upon the arrivall of
50. the arlate Shipp ffreindship neere Mallaga or within a very short tyme after) procure
51. <margin value="bottom right">likewise</margin>
</document-end>

HCA 13/71: f.119v P1130409 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.119v</folio>
<picture>P1130409</picture>
<summary>Wright and Company against Lenthall and Nutt; 1. Samuell Whitby, of the Cittie of London, Merchant, aged <quantity value="20" measure="year">20</quantity> yeares or thereabouts</summary>
<document-date>18/03/1655</document-date>
<status>Requires transcription</status>
<first-transcriber>Colin Greenstreet, 05/09/12</first-transcriber>
</header>

<document-start>
1. licence for the sayd shipp to reach within command and into the place where shipps
2. ususally ride ˹trade˺ there, in tymes of peace, when noe warr or difference was betwixt Spaine
3. and England, And hee this deponent did come aboard the sayd shipp ffrenidship
4. and acquainted the arlate Barnabe houldeing the Master of her that the sayd
5. Robert Whitby had procured suche a license, and told him that hee might safely
6. bring his sayd shipp as neere shoare there as hee pleased for the more
7. convenient receiving of such wines as were to bee laden aboard him ˹or to that effect˺ The premisses
8. hee deposeth for the reasons aforesayd And further to this arle hee cannot depose/
9. To the second arle hee saith that of his this deponents sight and knowledge severall English
10. shipps did come within command and laye neerer the shoare at Mallaga by about
11. the space of a <quantity value="1.5" measure="mile">myle amd a halfe</quantity> than the ffreindshipp did, and traded there freely having
12. (as hee this deponent hath heard) procured pratique or licence soe to doe, amongst
13. which there was a shipp laden with fish which (˹as˺ hee hath heard) was consigned to the arlate
14. Mr Edward Bennett And further to this arle hee cannot depose/
15. To the 6th arle hee saith, hee knoweth that about <quantity value="2" measure="year">two</quantity> yeares since the foresayd Robert
16. Whitby having delivered <quantity value="1" measure="parcell">a</quantity> parcell of wines ˹at the place arlate˺ unto one Thomas Raven Master of
17. as shipp called the Thomas and John of Yarmouth, to be shipped on board his sayd shipp
18. and the sayd Master and Company taking theX same and rafting or causeing it to their
19. XXfted X with intente to bring the same aboard his sayd shipp, <quantity value="1" measure="butt">one</quantity> butt of wine
20. of the sayd parcell broke off from the rafte and was lost in the sea for <quantity value="13" measure="day">thirteene</quantity> or
21. <quantity value="14" measure="day">14</quantity> dayes space, and then found againe by certayne ffishermen, who had by order of the
22. then Gouvernour at Mallaga <currency value="Ryalls">two hundred and odd</currency> Ryalls allowed them for their
23. paines in findeing the same, and this deponent well knoweth that the sayd Thomas
24. Raven did by a writing under his hand, oblige him syelfe to the sayd Robert Whitby
25. to pay the sayd <currency value="Ryall">two hundred and odd</currency> Ryalls for (soe paid, to the sayd ffishermen
26. by the sayd Robert Whitby for finding the same) in London to the Merchant for whose
27. Accompt the sayd <quantity value="1" measure="butt">butt</quantity> of wine was laden, which hee this deponent beleeveth
28. the sayd Master would not have done, had hee not knowne it to bee the Custome
29. that after wines are delivered at the plaX into possession of the Master of a
30. shipp or his Company hee and they stand chargeable with them till they bee
31. delivered at the port of their discharge And further to this arle he cannot
32. depose./
33. To the 9th arle hee saith that hee this deponent having heard by some Mariners
34. of other English shipps lyeing neere Mallaga that certaine wines which were
35. rafted by the ffreindshipps company were lost did goe on board the <alternative value="sic: freindshipp">freinshipp</alternative>
36. to knowe the truth thereof and was by divers of the sayd shipps company
37. informed that they had rafted the rafte of wines which they had rafted for
38. received of the sayd Robert Whitby for Accompt of the arlate ffrancis Lenthall
39. and George Nutt, was brought safe to their sayd shipps side (though they had
40. broke loose (as they sayd) once or twice by the way) and that after they had taken
41. up one butt of the sayd wine and had the same within the Xacke of the sayd
42. shipp the remaynder of the sayd raft of wine (being twenty nyne butts) were
43. sunck in the sea by the ˹sayd˺ shipps side And further to this arle hee cannot depose/
44. To the rest of the articles hee is not examined by direction of the producentX/
45. <margin value="bottom left">Repeated before dror Godolphin</margin>
46. Samuell Whitby
</document-end>

HCA 13/71: f.120r P1130410 Current Transcription

<header>
<series>HCA 13/71</series>
<folio> f.120r</folio>
<picture>P1130410</picture>
<case-summary></case-summary>
<deposition>2. Edward Ward, of London, Merchant, aged <quantity value="year">39</quantity> yeares, or therabouts</deposition>
<document-date normalized=""></document-date>
<status>First cut transcription started, 30/08/12</status>
<first-transcriber>Colin Greenstreet, 30/08/12</first-transcriber>
</header>

<document-start>
1. The same day
2. Examined upon the sayd allegacon/
3. <margin value="left">Rp.</margin>
4. 2us Edward Ward of London Marchant aged <quantity value="39" measure="year">39</quantity> yeares or thereabouts
5. a wittnes sworne and examined saith and deposeth as followeth vizt./
6. To the first second third 4th and 5th arles hee cannot depose./
7. To the 6th arle hee saith that hee this deponent hath used the trade of Merchandizeing
8. for these <quantity value="20" measure="year">twenty</quantity> yeares last past, and for fifift fifteene yeares of the sayd tyme lived
9. in Mallaga, and thereby well observed that it is the usuall custome there betwixt
10. Marchants and faor their factors and Masters of shipps that when a parcell
11. of wines is ready and brought to the XXX by order of the ffactors, the Master
12. or Purser of the shipp who is to carrie the sayd wines doth there see the sayd wines
13. makers, and doth take charge of them and XXX the Master of the shipp who is to
14. receive them aboard doe and cause his Company to rafte them and then
15. make them fast to his shipps boate, & the same being once soe rafted, and an
16. ffloate, this deponent saith that by the sayd Custome the Master of the shipp
17. who is to lade them & his company ˹and Owners of the shipp˺ stand chargeable with them untill they
18. come to the port of their discharge and if any miscarrie and are lost in the
19. Sea betwixt the PlXX and the shipp and come not safe on board, the Master
20. Mariners and Owners of the sayd shipp are lyable to make good whatever
21. dammage happens by reason of rafteing the sayd wines, And this hee
22. this deponent hath observed to bee the Custome at Mallaga betwixt Masters
23. Marchants and Masters of shipps toucheing rafting of wynes during all the
24. tyme aforesayd which hee this deponent lives in Mallaga. And further to
25. this arle hee cannot depose/
26. To the 7th 8th and 9th arles hee cannot depose/
27. To the 10th hee saith as before that wines are rafted and on floats from
28. the Ploy at Mallaga, the Master and Company and Owners of the shipp that is
29. to lade them runne the Riske and hazard of them untill such tyme as they are
30. safely laden aboard the sayd shipp And this hee this deponent hath observed
31. to bee the custome there dXXX at Mallaga during the <quantity value="15" measure="year">fifteen</quantity> yeares hee soe liveth
32. there, And further to this arle hee cannot depose/
33. To the 11th and 12th arles hee cannot depose
34. To the last hee saith his foregoeing deposicon is true./
35. <margin value="left">Repeated before dror Godolphin./</margin>
36.
37. <header>
38. <series>HCA 13/71</series>
39. <folio>f.120r </folio>
40. <picture>P1130410</picture>
<case-summary></case-summary>
<deposition>3. Thomas Smith, of London, Merchant, aged <quantity value="year">twenty two</quantity> yeares or thereabouts </deposition>
<document-date normalized=""></document-date>
<status></status>
<first-transcriber>Colin Greenstreet, 05/09/12</first-transcriber>
</header>

<document-start>
41. The same day/
42. Examined on the said allegaccon/
43. <margin value="left">Rp </margin><margin value="left">EA</margin>
44. <quantity value="3" measure="numerical order">3</quantity> Thomas Smith"Thomas Smith" is in larger letters, but not capitals of London aged <quantity value="20" measure="year">twenty
45. two</quantity> yeares or thereabouts a wittnes sworne and
46. examined saith and deposeth as followeth vizt/
47. To the first and second articles of the sayd allegation hee saith that
48. <margin value="bottom, right hand side">hee</margin>
</document-end>

HCA 13/71: f.120v P1130411 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.120v</folio>
<picture>P1130411</picture>
<summary></summary>
<document-date></document-date>
<status>First cut transcription has been started</status>
<first-transcriber>Colin Greenstreet, 05/09/12</first-transcriber>
</header>

<document-start>
1. hee well knoweth that a shipp laden with an English shipp laden with newfound
2. land fish and consigned to the arlate Mr Bennett (the shipps name hee knoweth
3. not) and alsoe the XXXX Shipp the XXXth and alsoe an other English shipp called
4. the Pilgrim laden alsoe with ffish and consigned to one Mr Thomas Bande an English
5. Merchant and other English shipps did at the tyme the arlate Shipp the ffreindshipp
6. lay in the Road of Mallaga the voyage in question come under Command
7. there, and laye there as neere as usually English shipps used to ride in tymes
8. of peace betwixt England & Spaine, and did of this deponents sight and knowledge
9. X enioye freedome of trade there, their ffactors or ffreighters having procured
10. of the Governour and other officers of the King of Spaine at Mallega pratique or
11. licence for their soe doeing, And hee this deponent well remembreth the sayd
12. shipp XXXXXds ˹Pilgrim˺ while shee soe laye in the Roade of Mallega under Command
13. and after shee had discharged a great part of her ladeing of fish there and
14. had taken in some wines, was there seized by a Spanish man of warr which
15. came into the sayd Roade, and the Englishmen on board her turned out of her, And
16. hee saith hee well remembreth that complainte being thereof made to the
17. Governour of Mallega and her pratique or licence being shewed and it
18. being made appeare to the Gouvernour that shee had pratique or licence to
19. trade here, the Gouvernour came downe theXXX in person the next day after her
20. being soe taken and seized and discharged all the English men ˹of such restraintes as they were under˺ and put them into
21. ˹quiett˺ possession of their said shipp the Pilgrim againe, and turned the Spaniards
22. out of the same, and permitted her to continue there quietly and take
23. in the rest of her ladeing of wines which shee was there to receave on board
24. This hee deposeth being then an English ffactor at Mallega and being
25. an eye wittnes there of And further hee cannot of his knowledge depose
26. but hath heard that the arlate Whitby did procure pratique in the like
27. kinde for the shipp ffreindshipp./
28. To the 3 hee cannot depose saving hee saith hee knoweth the shipp ffreindshipp
29. arlate and the arlate Barnaby holding her Master, and saith the voyage in question
30. shee lay in the Roade of Mallega two or three myles from shoare to take
31. in her lading there./
32. To the 4th and 5th hee cannot depose/
33. To the 6th hee saith that at Mallega aforesayd it is commonly accompted
34. to be the use and Custome that when and parcell of wines is delivered at
35. the Ploy there into the possession of the Master of any shipp or any of his
36. company; the sayd Master and his Company and owners of his shipp are
37. chargeable with the sayd wines till the delivery of them at their port of
38. discharge, and if they the sayd master and company rafte the sayd wines off
39. from shoare XXX towards their shipp hee and his Company or Owners are to
40. make good whatever Costs XXXX to to the parties for whose Accompt the sayd
41. wines are delivered to them, all damage which happens by rafting the sayd
42. wines and to make them good if any of them bee thereby lost in the sea and XXXXX
43. <margin value="bottom right">safe</margin>
</document-end>

HCA 13/71: f.121r P1130412 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.100v P1130403 Current Transcription

HCA 13/71: f.142r P1130451 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.142r</folio>
<picture>P1130451</picture>
<summary></summary>
<document-date></document-date>
<status>First cut transcription started, 11/09/12</status>
<first-transcriber>Colin Greenstreet, 11/09/12</first-transcriber>
</header>

<document-start>
1. SEVEN LINES CROSS HATCHED OUT, READABLE, BUT NOT YET TRANSCRIBED
2. to these articles hee cannot depose./
3. To the 7th hee saith hee referreth him selfe to his foregoeing deposiccon and further cannot depose/
4. To the 8th hee saith XX hee hath seene the will of the arcate henry Mitchell
5. deceased under the hand writing of the sayd deceased and saith the aclate Phillip
6. Mitchell is Executor thereof and hee beleeveth hee hath proved the same and taken
7. upon him the execution thereof And further hee cannot depose/
8. To the 9th hee saith hee beleeveth the arlate Phillip Mitchell by reason of
9. the bayle of silke aclate hath suffered losse and damage too very considerable
10. value but the certiane summe hee knoweth not, but saith hee knoweth the sayd
11. Phillipp was saXXX for the same bayle of silke by the foresayd Vamerk and Executo
12. Assigneo of the sayd Vlasbloude and a considerable summe in lieu thereof
13. recovered at Ligorne of the sayd Phillip for the same but the summe hee remembreth
14. not And further hee cannot depose./
15. To the 10th hee saith hee referreth him selfe to the Registry of this Court And
16. further cannot depose./
17. To the 11th hee saith the sayd hemans is commonly reputed an Englishman
18. and is subiect to the Jurisditon arlate as hee beleeveth and further hee cannot depose/
19. To the 12th hee saith hee hath heard the sayd heamans confesse that hee
20. hath bin required to XX XXX by the arlate Phillip Mitchell to make him satisfaction
21. for the XXX bayle of silke in question and the damahe hee hath susteyned by losse
22. thereof And further hee cannot depose
23. To the last hee saith his foregoeing deposiccon is true/
24. <margin value="Left">Repeated this tenth of May 1656 before
25. Doctor Godolphin./</margin>
26. W.m Metcalfe SIGNATURE, RH SIDE UNDER TEXT
27.
28. 2us.
29. Stephen Smith of XXX Worplesdon in the County
30. of Surrey "c" LIKE SYMBOL OVER WORD gent aged 32 yeares or thereabouts a
31. wittnes sworne and examined saith and deposeth as
32. followeth vizt./
33. To the first and second arles of the sayd libell and the bill of ladeing in
34. the sayd second arle mencconed hee saith that hee well knoweth that
35. in or about the bXX XXXX latter end of the moneth of december or beginning
36. of January 1647 old style the arlate henry Mitchell did cause to
37. be laden on board the aclate shipp the henry (whereof th aclate
38. Mathew heamans was Master) in the port of Scanderoone thirty nyne
39. bayls and two faugotts numbred forty and the other faugott
40. numbered A this hee the better knoweth being at that tyme servant to
41. <margin value="Bottom Right, below main text body">the</margin>
</document-end>

HCA 13/71: f.142v P1130452 Current Transcription

<header>
<series>HCA 13/71</series>
<folio>f.142v</folio>
<picture>P1130452</picture>
<summary></summary>
<document-date></document-date>
<status>Firtst cut transcription started and completed by Colin Greenstreet, 11/09/12</status>
<first-transcriber>Colin Greenstreet, 11/09/12</first-transcriber>
</header>

<document-start>
1. the Viceconsull or factor Mariner for the English Nation at Scanderoone,
2. and being by that meanes imployed to weigh marke and shipp the
3. sayd 39 bales and two faugotts aboard the sayd shipp by order of the sayd
4. henry Mitchell, and saith that amongst the sayd 39 bayles by him this
5. deponent shipped aboard the sayd shipp by order of the sayd Mitchell
6. one bayle of the sayd silke was numbered 10 and a faugett numbered
7. A and saith that all or the greatest part of the sayd 39 bales 2 faugetts
8. were to be delivered by the sayd Mitchell to this depoennt under the marke
9. <margin value="Left">AA MARK: DOUBLE "AA" WITH FEET OF THE LETTERS TOUCHING EACH OTHER</margin>
10. in the margent but this deponent by order of the sayd Henry Mitchell
11. did XXXX XX sett new markes upon divers of the sayd bayles before
12. their ladeing, and well remembreth that upon the faugett numbered
13. A hee this deponent sett this was sett the marke ensueing vizt MARK MARK IS A THREE HEADED CLOVER ON A VERTICAL STICK INSERTED IN A "V" and
14. alsoe saith that having perused his booke by him kept as servant to the
15. sayd factor marine at Scandaroone ˹which hee hath in his custody and is intending to produce if hee shall bee soe required by this Court˺ hee doth finde that at the in his
16. sayd booke at the say entrie of the sayd bayle number tenn hee had
17. made a smale crosse to put him in minde that the marke of that bale
18. which was only thus vizt AA was to bee altered, and hee verily
19. beleeveth the same was or should have bin altered and marked
20. with the same marke as the sayd faugott numbered A was marked
21. with vizt, this marke MARK MARK IS A THREE HEADED CLOVER ON A VERTICAL STICK INSERTED IN A "V", and saith as to the qualities of the silke
22. whether the bale numbered 10 and by this deponent laden aboard the sayd
23. shipp were Legee silk and the faugott numbered A ˹by him also laden aboard the said shipp˺ were Saffa silke or
24. whether the same ˹were˺ for the use and Accompt of the arlate John Blasbloud hee
25. knoweth not but saith hee this deponent did XXX is very well acquainted
26. with the hand writing of the arlate Mathew heaman having seene
27. him ˹XXXXXXXXXXX˺ signe very many bills of ladeing and having perused the bill
28. of ladeing arlate, hee verily beleeveth the sayd Bill of ladeing
29. is true and was and is signed with the proper handwriting of the
30. sayd Mathew heamans for the bale and faugott of silke in the sayd
31. bill of ladeing mentioned as now the same appeareth to bee And
32. further to these arles hee cannot depose
33. To the 3 hee saith. that hee well knoweth that hee this deponent did by
34. order of the sayd henry Mitchell lade XX amongst other bales and faugotts
35. the bale of silke numbered 10 and the faugott afoesayd numbered A
36. but who was to share the risks of them if they were not delivered hee
37. knoweth not And further hee cannot depose/
38. To the 4th hee cannot depose/
39. To the 5th hee saith hee well knoweth that all the 39 bales and 2 faugotts
40. of silke XX arlate were all entered into the booke of the factor
41. Marine arlate with his this deponents owne hands and were by
42. this deponent shipped aboard the shipp harry aclate./
43. To the 6th hee saith that Mr Phillipp Mitchell the brother of the sayd henry
44. Mitchell being much troubled that hee could not finde out what was
45. become of the sayd bayle of silke number 10 did about three moneths
46. <margin value="Bottom right, under main body of text">since
47. </margin>
</document-end>