Difference between revisions of "MRP: HCA 13/72"

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HCA 13/72 1657-1659

HCA13/72 is a bound paper manuscript volume held at the National Archives, Kew. It is one of a series of volumes, which typically cover a period of one or two years of legal cases brought in the High Court of Admiralty. The National Archives online catalogue states that HCA13/72 covers the years 1657 to 1659

Editorial history

23/11/11, CSG: Created page and sample abstracts and transcriptions

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Case: Saunders & others of the Isaack against the S:t Jacob and John Clason M:r of the Smith: Examination: 5. William ?Westco?s, of St Buttolphe, Algate, London, aged 42: Date: March 31st 1658

The 31:th of March 1658

Examined on the sayd Interrogatories

Saunders & others of the Isaack)
against the S:t Jacob and John Clason)
M:r of the Smith)

5. William ?Westcos of St Buttolphe Algate London
Pewterer aged forty two yeares or thereabouts sworne before the sayd doctor Godolphin saith
as followeth viz:t

To the first and second Interies hee saith he well knew he Isaack haveing
seene ?her severall tymes at London she bringing goods severall voyages from
Plymouth to London for this deponents accompt, And saith that hee receaved
a letter of Advice from his Agent Robert Saunders of Plymouth that
the voyage in question there were by him the sayds Saunders laden aboard
the sayd shipp the Isaack for Accompt of him this deponent thirty fower slabbs
of Tinne weighing (as by the bill of lading thereof sent in
the sayd letter of Advice doth and may appeare)

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Case: Saunders & others of the Isaack against the S:t Jacob and John Clason M:r of the Smith: Examination: 6. Robert Moulins, of S:t Margaret Lothbury. London, Pewterer, aged 30: Date: XXXt 1658

Robert Moulins of S:t Margarett Lothbury
London Pewter aged thirty yeares or thereabouts
sworne before the sayd doc:r Godolphin saith as
followeth vizt

To the first and second Interries hee saith hee well know (?Knew) the shipp
the Isack Interrogate having severall tymes had goods brought
in her from Plymouth before the voyage in question And saith that
by a letter of Advice and an Invoice & two bills of ladeing sent to this
deponent from Plymouth by Robert Saunders this deponents Agent
or factor there it appeareth that the voyage in question (amongst other
goods laden aboard the sayd shipp) there were laden aboard the sayd shipp
for his this deponents Accompt forty nyne slabbs of Tinne weighting
as by the sayd bills of ladeing doth & may appeare fifty six hundred
one quarter and one pound, seaven & thirty of which slabbs, as by the
sayd bills of ladeing appeareth were marked with the first marke
[IN LH MARGIN O.O.O] in the margent, & the other twelve slabbs as by the sayd bills appareareth
[IN LH MARGIN R M] were marked with the seacond marke in the margent which forty
nyne slabbs as by the Invoice & Accompt sent to this deponent from the
sayd Saunders appeareth cost this deponent at the tyme of its being shipt at Plymouth
three hundred sixteene pounds and seaven shillings lawfull English
money. And saith that in case the same had come safe to London
the same would according to the markett prizes of tinne now there used)
have yealded this deponent five hundred twenty eight pounds at
the least of like money And saith that by his letter of Advice from the
sayd Robert Saunders hee is given to understand that the sayd shipp sett
sayle from Plymouth with the sayd Tinne & other her ladeing bound
for London under conduct of an English Convoy about the seaventeenth
of ffebruary last, And saith hee hath seene by a Cockquett from the
Custome house at Plymouth that there was laden aboard the sayd shipp
the voyage in question a great quantitie of tinne beside the forty nyne slabbs
aforesayd, and that there was then alsoe laden butter & other goods And further
saving his subsequent deposiccon hee cannot depose.

To the 3: 4:th and 5:th InterrXX hee saith hee cannot depose any thing thereto of his
certayne knowledge but hath heard that since the Isaack soe went from
Plymouth with her XXX ladeing shee and her ladeing were sunke by a shipp ?which//

NEED TO IMAGE THE REMAINING PORTION OF THE ABOVE INTERESTING EXAMINATION

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JOHN BATEMAN [His signature]

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Case: On the behalfe of Caterin Kilson ag:t the Providence: Examination: 1. Hezekiah Usher, of Boston in new England, Stationer, aged 42: Date: April 8th 1658

The eighth of Aprill 1658

On the behalfe of Caterin)
Kilson ag:t the Providence

Hezekiah Usher of Boston in New England stationer
aged 42 yeares or thereabouts sworne and examined
and XXXX schedule

To the XXXth article hee saith and deposeth that the contents of the
said second schedule is (sic) true, and that this deponent is the same
Hezekiah Usher therein mentioned, who entred the action on behalfe
of the parties therein mentioned and declared as in the said schedule
is contained, and that Judgment ?or the Juries Verdict was
given as therein is expressed, and that this deponent extracted
the said schedule out of the originall thereof remaining at
Boston in New England, and saith hee knoweth Edward
?Rawson who subscribed ?his ?name, and is Recorder there. And saith
there was after the said Judgment or verdict, securitie given to
this deponent to the?use of Colonell Tomlyn by Robert ?Patshall
on behalfe of Roger ?Hilvart, and company for the summe mentionned
in the said schedule found by the Jury, vizt one hundred and
eleaven pounds twelve shillings damages and three pounds and
eight ?pence costs of ?such, w:ch securitie this deponent left in the
hand of ?Thomas Lake (mentioned in the said schedule) his fellow
Agent, to the end that hee should receive the said ?moiety to the use aforesaid
But as touching fifteene pounds paid for a marriner wages
hee knoweth
nothing thereof but knoweth that the shipp allegate was arrested by or at the XXX
of a mariner or mariners, but who such mariner
or mariners hee knoweth not, and further cannot depose

HESEKIAH USHER [His signature]

Repeated before Dr Godolphon.

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Case: HCA ag:t Ellis: Examination: 3. Cornelius Bringmans, of S:t Buttolpps Algate, London, Broaker, aged 40: Date: march 7th 1658

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Case: XXXX: Examination: 1. William Kiffin, of London, Merchant, aged 41: Date: June 19:th 1658

The nineteenth of June 1658

Examined upon an allon
given in on behalfe of the
said claimers.

The claime of Robert Stiles William Kiffen (sic) ?W:m)
?Peacock ffrancis ?Prince and others English)
merchants and subjects of This Comonwealth)
for the ship the Charity, George Prince M:r and her tackle)
and furniture, and her lading seized at Barbadoes by)
y:e Marston Moore ffrigot in the Imediate service)
of This Comonwealth, and by her Carried to Jamaica)
Smith Budd)

1 WILLIAM KIFFIN of London
Merchant aged fourtie one
yeares or thereabouts, sworne
and examined.

To the first article of the said allegaccon hee saith and deposeth that
in and for all the time arlate the producents Robert Stiles and
companie arlate were and at present are the true and lawfull
owners and proprietors of the shipp the Charitie articulate and of
her tackle apparell and furniture, and for such comonly accounted,
w:ch hee knoweth being one of the said owners and one of the
originale buyers of her and having continued an owner all ?the (OR, this)
said time. And further hee doth not depose.

To the second and third articles hee saith and deposeth that
within the time aforesaid, and more particularly in or about the
moneth of November last, the said shipp the Charitie was by
Robert Stiles and ffrancis Prince two of the said owners on behalfe
of themselves and the rest of the said owners and with their consent
set out from the port of Amsterdam to ?goe and ?saile to the
Barbadas (sic) or ?some other port or place thereabouts and there to
trade and make retourne for the said owners account, and that there
Was to that end a cargo of goods laded a very considerable part
of w:ch lading did and doth belonge to the said owners of the said
shipp, and the rest to severall merchants of Amsterdam, and some
part thereof to and of the enemies of this Commonwealth. These
premisses touching her said lading hee deposeth
from advises and letters from some of his said fellow owners
living in Amsterdam that were ?actors in the said lading, and from
?conferance XXXX and with some of them. And saith that as hee
hath bin credibly informed by lres and otherwise, the said shipp
after her departure from Amsterdam, arriving at the Barbadas,
was there seized with all her said lading, by Captaine Mymes
in the Marston Moore frigot and carried away from the said owners
to Jamaica. And further hee deposeth not.

To the fourth hee saith that the said owners of the said shipp are all Englishmen
and subiects of this Commonwealth and persons well affected
to the present government thereof and for such commonly accounted
and are by name this deponent, Robert Stiles, William Peacock
?Henry Browne, ffrancis Prince, and ?Seager Corsellis, of w:ch
this deponent and the said Stiles are the originall buyers, and
afterwards tooke the rest into ownershipp, selling
them parts (OR, parte)of the said shipp.

To the fifth and the copie of the affidavit XXX XXXXXXX unto
him//

NEED TO COPY THE REST OF THIS INTERESTING EXAMINATION

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Case: The Governo:rs and Companie of English Merchants trading to East India and XXXX against the Governour and Company of Merchants of the United Netherlands: Examination: John Garrard, of Wapping, Middlesex, Mariner, aged 29: Date: November 13th 1657

The Governo:rs and Companie of English
Merchants trading to East India and XXXX against
the Governour and Company of Merchants
of the United Netherlands, thither trading
XXXX
XXXX

The Thirteenth of November 1657

Examined upon an allegacon given
in on the behalfe of the said English
East India Company on the 28:th
of November last

John Garrard of Wapping in the County
of Midd Mariner, aged twenty nine
yeeres or thereabouts, sworne and examined
saith and deposeth as followeth

To the first article of the said allegation hee saith and deposeth
that for theise nine yeeres XXX last past hee this exXXXXate as
a mariner hath XXX the trade of East India, and made three voyages
to those parts from this port of London, and in tXXX voyages hath
frequented the port of Bantam and other places whereunto the
hono:ble English East India company and thereby well knoweth in the yeeres 1655 1656 and 1657 ?use to send their shipps and
XXXX, and thereby well knoweth that
the Governour and company of the said English Merchants have
used the trade and send their shipps servants and officers to a place in Java
Major called Bantam in the said parts of East India, where hee
saith thay have for aXXXX time had and still have a settled
ffactory, and likewise to send to and to trade at Maccasser, Surat
Jambee and other parts of the said East India and thereabouts. And
saith that at Jambee and Bantam the said English company hath
and imployed from time to time severall officers and servants
in their trade and ?commerce as likewise in other places thereabouts
to and ?thence for England the goods wares and Merchandizes of
the growth manufacture and vent of those parts and places, and
that the said English company have from time to time for all the
time aforesaid XXXX traded (saving the ?ininuries hereafter
mentioned) and sent their shipps to Bantam and places aforesaid
and brought them out ?thence with ?such goods wares and merchandizes
as they XXXX ?had and ?XXX more pXXXed forXXXX, as they XXXX
(as ?all XXXXty) lawfully due, and this XXX XXX was and
is publique and XXXXX, and observed by him XXX trXXXX XX
had and donne as XXXX XXXX did ?used

To the second article hee saith and deposeth that the said East
India company of England amongst other their shipps and
vessells wch they have sent to and imployed in the said parts
East India and thereabouts, they XXXX and had there in the yeere
1656 in such ?trade XXXX and imployment the the shippe the Endymon
whereof ?Gerwase Cxxxyman was commander and wch XXX
dXXX next commanded XXXX did XXXX, who wholely XX
Captaine CXXyman XXXX was his mate the XXX voyage. The
Marygold, the Golden Cock, the Olive BXXXX & the
Jonathon, all wch shipps this deponent saw in East India

P1080821 f. 484 verso

[1656, written in LH margin]

in the said yeere 1656, and saith that neither the said shipp the Endymion
nor any other company offered any asswalt, iniury or ??provocacion
to any dutch shipp or shipps that were there at that time, or times ?or
the commanders or company of any of them, All XXXXXXXXXXX
being first Mate and afterwards new commander of XXX the said XXX
Nor did as XXXXXXXly and of the said other English shipps ?o ?any
of their company offer any iniury whatsoever to the dutch there

To the third article hee saith that in the month of August XXX
the said shipp the Endymion (supposeth this deponent and their masters
mate) in XXX voyage from England for Bantam coming into the
Straits of Sunda, did on or about the ??seventh day of the said
month (old stile) meet in the said Straight a single shipp
appertaining to the dutch company tXX and againe, wch said dutch
shipp ?sailed along with the Endymion till the next day, XXX
dutch shipps hee XXX were riding, all w:ch upon ?sight of
the Endymion and the ?said other shipps seized and XXXX to XXX
and when they were come neere, there came one of their XXXX ?abord
the Endymion with command brought by one that was ?therein, that
the Endymion should come to an anchor by their Generall who
was still riding at Pullapanjou, wch the Commander and
Company of the Endymion obeyed and sailed along with them and
?soe came to an anchor neere their said Generall; but the Dutch
pretending that the Endymion rode too farr off them, XXX
and commanded the Endymion to be burXXX to an XXXX
nearer to their Generall, and this XXX conceiveth they did to
show their ?honer and greatuos; upon XXX ??command, the
Captaine and company of the Endymion obeying, bXXXX XXX
XX XXXX yet nearer to the said Generall; All wch hee
knoweth because hee was person in the Endymion and heard and
?saw the XXXXses XX donne

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Case: XXXX: Examination: 5. Captaine Arnold Browne, of the parish of Stepney, Middlesex, Mariner, aged 33: Date: August 19th 1658 (sic)

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Case: XXXX: Examination: 5. John Connis, of Stratford Bow, Middlesex, Marriner, aged 40: December 14th 1657

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Case: XXXX: Examination: 6. William Lacy of Limehouse, Middlesex, Mariner, aged 60: Date: August ?19th 1658

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Case: XXX: Examination: 4. John Beard, ofS:t Mary Hill, London, Mariner, Cooper Mate of the Postilli?an, aged 22: Date: Same day

//

from London with a Cargoe of goods for Bantam in the South Seas
or East Indies on a trading voyage

To the 2 Interr hee saith hee knoweth Bantam being there the voyage
in question & saith there was then an English ffactory there arlate
and English factors & Merchants there resident and (as hee hath
credibly heard and beleeveth) soe hath bin for these thirty yeares last
past & upwards during which tyme as hee hath heard & beleeveth
the subiects of England have had free trade ?thither hath bin
?abstracted by the dutch nation And further saving his subsequent
deposition hee cannot depose.

To the 3 and 4:th Interries hee saith the Positllian with her sayd
Outward Cargoe came to the Streights of Sunde some few leagues
distant from Bantam, and there was met with by a dutch shipp
called the Sea hounds having a dutch Captaine & dutch seamen aboard
her which shipps Captaine haled the Postillian and demanded
of her Captaine John Kingsman, whence shee came, & whether shee
was bound, who answered she came from London and was bound
to Bantam to trade, whereupon the sayd dutch captaine ?willed the sayd
Kingsman to come with his boate aboard the sayd dutch shipp
& the sayd Kingsman answered & sayd hee would not come from
aboard his owne shipp & willed the sayd dutch Captaine if he
had any thing to saye to him to come aboard of him the sayd
Kingsman, whereupon the dutch Shipp sprung her ?Loofe and came
up to the Postillian and being come neere hawled up her boate
from her sterne & the Captaine came in her with some of his Company on
board the Postillian and being aboard he and told be the sayd
Kingsman//

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//Kingsman that shee was bound with her Cargoe to the Rnglish
ffactory at Bantam to trade there the sayed dutch Captaine replyed
and sayd shee must not goe into Bantam to trade there for that
there was warr betwixt the King of Bantam and the dutch
East India Company, whereto the sayd Kingsman answered &
sayd What is that to the English must they therefore bee ?hindred
from goeing to trade at their owne factory at Bantam because
there is warr betwixt the dutch East India Company (who are only
private persons) & the King of Bantam, have yo:X any Commission
to hinder the English from going to Bantam whereto the dutch
Captaine at first replyed yes, & being by the sayd Kingsman desired
to shew the same hee then sayd that hee had none but that
hee would desyre him not to goe for Bantam but to goe for ?Batavia
and that what hee did therein was only by way of entreaty To
which the sayd Kingsman replyed and (speaking to the sayd dutch
captaine) sayd if yo:X will give mee assurance under yo:r hand that
I shall have as goode rates for my outward Cargo at Batavia
as Bantam will afford, & that I shall at Batavia have my home
ward ladeing at the like rates XX the same is to be had at Bantam
I wll to end controversie goe with yo:X to Batavia and not goe at
all to Bantam whereto the sayd dutch Captaine answered and
sayd hee would give noe such assurance, and these words of others to y:e
like effect passed betweene the sayd two Captaines aboard the
Postillian in the p:rsence & hearing of this deponent and ?the
p:rcontests Collinn, Williams, & most of the Postillians company
who then were standing upon the deck & heard their discourse, and
afterwards the sayd dutch Captaine after some stay to drinke
with the sayd Kingsman went againe aboard his owne shipp th
Sea hound & sayled for some howers after in Company of
the Postillian And then the Postillian outsayleing him gott into
Bantam with her ladeing but in her passage thither the sayd
captaine of the SEa hound after the ?same the Postillian
outsayled him gave warning (by firing off some gunnes
to other dutch shipps

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JOHN B?EARD [His signature]

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JO:° KINGSMAN [His signature]

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Case: Smith ag:t the Golden Wine?fat: Examination: 3. Peter Rich, of London, Merchant, aged 27: Date: September 13th 1658