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

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this sd Arle.
 
this sd Arle.
  
 +
To the third Arle of the said Allegacon he saieth, That he this
 +
depon:t as having in the quality aforesaid commanded and ?conducted
 +
the said shipp in and upon the Voiage and Designe aforesaid
 +
well knoweth, That the ffactors and Agents of the said Brazeele
 +
Companie, and also John Antunos ?Vian, Manuel Rodrigues
 +
?Caminha, Maniel Perera ?Hamos and Manuel de Souza
 +
and others all Subjects of the said king of Portugall and soe
 +
commonly reputed and knowne to be did in or about the moneth
 +
of July or August 1657. arlate at the Bahia aforesaid ?Lade
 +
and putt on board the said shipp One hundred nynety two XXXX
 +
of sugar to be carried and transported in the said shipp from y:e
 +
Bahia aforesaid to Lisbone and there to be unladed out of y:e
 +
said shipp, of the Lading of which the said sugars this depo:t XX
 +
the quality aforesaid tooke exact and due notice, and thereby ?was
 +
and is well assured of the trueth of this his depon
 +
to this Arle, And more saieth not.
  
 +
To the fowerth hee saieth, That all the said sugars in this
 +
depo:ts declaration to the next precedent arle mencconed to be
 +
soe putt on (OR, a) board the said shipp as a foresaid, did growe and
 +
[LINE CUT OFF IN THE DIGITAL IMAGE]
 +
//
 
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P1080853 f. 503 recto
 
P1080853 f. 503 recto
  
 
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 +
 +
//and now in subjection to the king of Portugall, the people
 +
and inhabitants of which Domonions and Territories were and
 +
are all Subjects of the king and Crowne of Portguall, and for
 +
and as such commonly knowne reputed and taken, as this depo:t
 +
saieth it is publique and notorious to all persons frequenting
 +
negotuating or relating in or to the said pts of the Brazeele
 +
And further to this arle hee deposeth not
 +
 +
To the fifth arle of the said Allon he saieth, That the said John Antunes Vian Manuel Rodrigues Caminha, Manuel
 +
Perera Ramos and Manuel de Sousa, and such other persons
 +
as then were the facto:rs of the said Brazeele Companie by whom
 +
the said Lading of sugars was putt on board the said shipp in the
 +
yeare of our Lord 1657. arlate and in the moneths aforesaid
 +
and for some yeares or moneths before did and doe live and
 +
reside at the Bahia aforesaid or in some other pts thereabouts
 +
within the Dominions of the said king of Portugall, and were
 +
and are Subjects; and each of them was and is a Subject of the
 +
king of Portugall and for such commonly accompted, as this depo:t
 +
sufficiently knoweth by his acquaintance commerce and corres-
 +
-pondence with them in the trade and negotiation aforesaid
 +
And more saieth not to this Arle.
 +
 +
To the sixth arle of the said Allon hee saieth, That the said
 +
sugars or the greatest and most considerable part thereof were really
 +
and truely Laden and putt on board the said shipp for the accompt
 +
of the said Brazeele Companie and of others the Subjects
 +
of the King of Portugall, and were to have beene unLaded in
 +
the port of Lisbone aforesaid, and were by the said ffacto:rs or
 +
Laders ordered and consigned to be delivered there to the Subjects
 +
of the sais king, who were upon the receipt to have
 +
payd to this depon:t as Master of the said shipp the fraight
 +
due for the transportation thereof, And this depo:t alsoe saieth
 +
That true it is, that some few chests of sugar, or a very litle and
 +
inconsiderable number of the Chests of sugar whereof the said
 +
shipps Cargasoon consisted, did belong unto some subjects of
 +
this Commonwealth of England, The premisses this depo:t affirmeth
 +
and knoweth to be true by reason of such his relation to the said
 +
shipp , andinfluence upon the transactions about, and privity to the  Lading and propriety
 +
of the said sugars; And more to this Arle he saieth not, saving
 +
that as this depo:t beleeveth, such subjects of this Commonwealth
 +
as were or are interessed in any part of the said sugars have
 +
in this Court made their Clayme and demand for the same
 +
since the arrivall of the said shipp the ''fortune'' in England.
 +
 +
To the seaventh Article of the said Allon this depo:t saieth//
 
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P1080854 f. 503 verso
 
P1080854 f. 503 verso

Revision as of 13:11, May 16, 2012

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

Contents



P1080815 f. 271 verso

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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)

ADD TEXT

//


P1080816 f. 272 recto

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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


P1080817 f. 272 verso

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

JOHN BATEMAN [His signature]

************************************************

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.


P108018 f. 350 recto

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

**************************************

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


ADD TEXT


P1080819 f. 352 recto

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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


P1080820 f. 484 recto

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


P1080821 f. ? verso


P1080822 f. 485 recto


P1080823 f. ? verso


P1080824 f. 486 recto

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P1080825 f. 486 verso

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P1080826 f. 487 recto

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P1080827 f. 487 verso

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P1080828 f. 488 recto

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P1080829 f. 488 verso

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P1080830 f. 489 recto

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P1080831 f. 489 verso

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P1080832 f. 490 recto

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P1080831 f. ? verso

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P1080834 f. 490 recto (sic)

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P1080835 f. 490 verso

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

************************************************

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


ADD TEXT


P1080836 f. 491 recto

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P1080837 f. 491 verso

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P1080838 f. 492 recto

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

************************************************

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


ADD TEXT


P1080839 f. 492 verso

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P1080840 f. 493 recto

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P1080841 f. 493 verso

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P1080842 f. 494 recto

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P1080843 f. 494 verso

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

************************************************

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


ADD TEXT


P1080844 f. 495 recto

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P1080845 f. 495 verso

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

The marke of HIS MARK William Lacie (sic)

************************************************

Case: XXXX: Examination: 7. Samuel Sambrooke, of London, Merchant, aged 44: Date: Same day


P1080846 f. 496 recto

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

SAM: SAMBROOKE [His signature]

************************************************

Case: XXXX: Examination: 8. John Harbert, of London, Merchant, aged 30: Date: Same day


P1080847 f. 496 verso

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

JOHN HARBERT [His signature]

************************************************

Case: XXXX: Examination: 9. Thomas Bowdler, of Shadwell, Middlesex, Marchant, aged 35: Date: August ?20:th 1658


P1080848 f. 497 recto

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P1080849 f. 497 verso

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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

THOMAS BOWDLER [His signature]

************************************************

Case: XXXX: Examination: 10. Richard Edene, of S:t Mary Matsellon alias Whitechappell, neere London, Merchant, aged 26: Date: August ?20:th 1658


P1080850 f. 498 recto

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P1080851 f. 502 recto

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Case: The Brazeele Companie and others concerning the Fortune: Examination: 1. Cipriano Pachao, of Peniche, Portugall, Mariner, late Master of the Fortune, aged 33: Date: July 17:th 1658


The 17:th day of July 1658

The Brazeele Companie and others the)
subjects of the king of Portugall ag:t)
?a ?certaine shipp called the ffortune)
(whereof was master Cipriano Pachero)
and the tackle apparrell and furniture)
of the same, and against the Sugars and)
all other goods remaining aboard the said
shipp, in whose hand soever, and against)
all persons in generall. ffrancklin)

Examined on the pt and behalfe
of the said Brazeele Company
and others the Subjects of the said
king upon an Allon on their behalf exhited
in the High Court of Admiraltie of England

1 CIPRIANO PACHAO of Peniche
in the kingdome of Portugall
Marin:r Late Master of the said
shipp the fortune, aged three and thirty
yeares or thereabouts a Wittnesse produced
sworne and examined saith as followeth
to witt -

To the first Arle of the sd Allon hee saith, That hee this depo:t
well knoweth, that in the yeares 1655. 1656. and 1657. arlate and
in the severall moneths of the said respective yeares there
was and is a certaine Companie of Merchants called and
knowne by the name of the Brazeele Companie, who were
and are all Subjects of the King of Portugall, and for and as
such generally reputed and knowne, who did and doe usually
reside and live in and about Lisbone and other parts thereunto
adjacent, or within the territories belonging to the said kingdome
of Portugall, and were and are a Companie constituted and
authorized by priviledge and authority of the now
king of Portugall , or of the Late deceased king of Portugall his
predecessor, and thereby impowred to trade to and from the
Brazeele for sugars and other merchandises, which Companie
hath for many yeares past and especially in the yeares abovesaid
and in the moneths therein respectively concurring and since
exercised used and driven, and at the present doe exercise use
and drive a great trade from Lisbone to Brazeele and from
Brazeele to Lisbone and other the dominions of the king of
Portugall for sugars and other Merchandises, and to that end
and purpose for all the time aforesaid had and have their facto:rs
and Agents resident at the Bahia ffernambuco and other pts
in Brazeele, And the reason of this depo:ts knowledge of the
premisses is, as hee saieth, for that hee this depo:t is a
Portugueze by birth and habitaccon, and hath for all the
time aforesaid constantly related to the said Companie and trade
and beene thereby and therein employed as master and
Commander of a shipp or shipps trading to gXXX from the
places aforesaid upon the account of the said Companie and other Subjects of Portugall and
is thereby well and sufficiently assured of the trueth of the
prmisses//


P1080852 f. 502 verso

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//p:rmisses. And further to this Arle hee deposeth not.

To the second arle of the said Allon hee saieth, That the shipp y:e
ffortune arlate did under the Conduct of this depo:t as Master
thereof depart from Lisbone towards the Brazeele in or
about the moneth of December 1656. and arrived at the Bahia
in the Brazeele in or about the moneth
of March then next ensueing, and hee further saieth, That
the said shipp was sett out from Lisbone aforesaid by John
Consalvo Britta, and Manuel Antunes ?Vian Merchants of
Lisbone and Subject sof the king of Portugall and Owners of
the said shipp the ffortune, and for and as such well knowne ?by
this exaiate, who saieth, That the said shipp was at the time
aforesaid sent imployed and designed by the said Own:rs to
Lade and take in sugars and other goods and Merchandises in
the Brazeele in the Dominions of the said king and to bring
the same to Lisbone aforesaid, And for further and full
confirmation of the trueth of the premisses, hee saith, That he
this Depo:t was as aforesaid Master and Commander of the
said shipp the fortune during the said Voiage, and ?received
such his Commands orders and instructions for the said
voiage of and from the said Own:rs And more saieth not ?to
this sd Arle.

To the third Arle of the said Allegacon he saieth, That he this
depon:t as having in the quality aforesaid commanded and ?conducted
the said shipp in and upon the Voiage and Designe aforesaid
well knoweth, That the ffactors and Agents of the said Brazeele
Companie, and also John Antunos ?Vian, Manuel Rodrigues
?Caminha, Maniel Perera ?Hamos and Manuel de Souza
and others all Subjects of the said king of Portugall and soe
commonly reputed and knowne to be did in or about the moneth
of July or August 1657. arlate at the Bahia aforesaid ?Lade
and putt on board the said shipp One hundred nynety two XXXX
of sugar to be carried and transported in the said shipp from y:e
Bahia aforesaid to Lisbone and there to be unladed out of y:e
said shipp, of the Lading of which the said sugars this depo:t XX
the quality aforesaid tooke exact and due notice, and thereby ?was
and is well assured of the trueth of this his depon
to this Arle, And more saieth not.

To the fowerth hee saieth, That all the said sugars in this
depo:ts declaration to the next precedent arle mencconed to be
soe putt on (OR, a) board the said shipp as a foresaid, did growe and
[LINE CUT OFF IN THE DIGITAL IMAGE]
//


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//and now in subjection to the king of Portugall, the people
and inhabitants of which Domonions and Territories were and
are all Subjects of the king and Crowne of Portguall, and for
and as such commonly knowne reputed and taken, as this depo:t
saieth it is publique and notorious to all persons frequenting
negotuating or relating in or to the said pts of the Brazeele
And further to this arle hee deposeth not

To the fifth arle of the said Allon he saieth, That the said John Antunes Vian Manuel Rodrigues Caminha, Manuel
Perera Ramos and Manuel de Sousa, and such other persons
as then were the facto:rs of the said Brazeele Companie by whom
the said Lading of sugars was putt on board the said shipp in the
yeare of our Lord 1657. arlate and in the moneths aforesaid
and for some yeares or moneths before did and doe live and
reside at the Bahia aforesaid or in some other pts thereabouts
within the Dominions of the said king of Portugall, and were
and are Subjects; and each of them was and is a Subject of the
king of Portugall and for such commonly accompted, as this depo:t
sufficiently knoweth by his acquaintance commerce and corres-
-pondence with them in the trade and negotiation aforesaid
And more saieth not to this Arle.

To the sixth arle of the said Allon hee saieth, That the said
sugars or the greatest and most considerable part thereof were really
and truely Laden and putt on board the said shipp for the accompt
of the said Brazeele Companie and of others the Subjects
of the King of Portugall, and were to have beene unLaded in
the port of Lisbone aforesaid, and were by the said ffacto:rs or
Laders ordered and consigned to be delivered there to the Subjects
of the sais king, who were upon the receipt to have
payd to this depon:t as Master of the said shipp the fraight
due for the transportation thereof, And this depo:t alsoe saieth
That true it is, that some few chests of sugar, or a very litle and
inconsiderable number of the Chests of sugar whereof the said
shipps Cargasoon consisted, did belong unto some subjects of
this Commonwealth of England, The premisses this depo:t affirmeth
and knoweth to be true by reason of such his relation to the said
shipp , andinfluence upon the transactions about, and privity to the Lading and propriety
of the said sugars; And more to this Arle he saieth not, saving
that as this depo:t beleeveth, such subjects of this Commonwealth
as were or are interessed in any part of the said sugars have
in this Court made their Clayme and demand for the same
since the arrivall of the said shipp the fortune in England.

To the seaventh Article of the said Allon this depo:t saieth//


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Case: Ex parte and on behalfe of Symon Delboe, Andrew Middleton, Nathaniell Temms, Thomas Britton, John Taylor, & Abraham Syon, owners of the Postillian: Examination: 1. John Kingsman, Mariner, Master of the Postillian, aged 32: Date: August 28th 1658


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XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

To the 10:th Interr hee saith the Postillion at her seizure was of
the burthen of two hundred tonne or therabouts and had nyne
peeces of ordnance and the sayd shipp and her tackle apparrell
& furniture were then well worth (in this deponents Judgement and
estimate) two thousand six hundred pounds sterling or therabouts
And saith the sayd shipp had aboard he at the tyme of he
seizure, (for Accompt of the sayd Delboe Middleton Temmes
Britton Taylor and Syon seaventeene hundred forty six parcell and thirty
one ?Catees of pepper, and peeces of Eight three thousand
three hundred and some odd peeces which pepper
would in this deponents Judgment, if it had come safe to England have
there yeild Thirteene Thousand pounds sterling besides freight due
alsoe to the sayd Delboe Middleton Temms Britton Taylor and Syon as Owners of the sayd shipp which as hee
beleeveth would have amounted to two thousand eight hundred pounds
more of like money And hee saith that hee this deponent had
for his owne Accompt aboard the sayd shipp at her seizure sixe hundred
peeces of Eight, and pepper & Cloaves soe much as would have
in England have yeilded seaventeene hundred pounds sterling,
besides his wages for the sayd voyage which hee beleeveth did amount
to ?three hundred pounds more of like money & his cloats amounting
to about twenty pounds more of like money all which hee lost by the
seizure aforesayd And hee saith the sayd shipps company at the
tyme of the sayd seizure had aboard her for their Accompt
pepper & ?Caude & other goods to the value of ?three hundred pounds sterling
in//


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//in this deponents Judgment and estimate, besides their cloathes and
wages which as hee beleeveth was worth a thousand pounds more of like money all which they were samnified by the sayd seizure And hee saith that beside the p:rmisses there were about
the sayd shipp at her seizure fower hundred Jarrs of Greene
Ginger for Accompt of the English East India Company which
were alsoe lost by the seizure aforesayd and would in this
deponents Judgment have yeilded if they had come safe to England
one thousand one hundred and twenty pounds sterling And
further hee cannot depose.

JN:° KINGSMAN [His signature]

************************************************

Case: Ex parte and on behalfe of Symon Delboe, Andrew Middleton, Nathaniell Temms, Thomas Britton, John Taylor, & Abraham Syon, owners of the Postillian: Examination: 2. John ?Collynn, of S:t Buttolphe Algate, London, Chirurgion, aged 40: Date: Same day


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Case: Ex parte and on behalfe of Symon Delboe, Andrew Middleton, Nathaniell Temms, Thomas Britton, John Taylor, & Abraham Syon, owners of the Postillian: Examination: 3. Jasper Williams, of Lymehouse, parish of Stepney, Middlesex, Mariner, Coxon of the Postillian, aged 21: Date: August 30th 1658


ADD TEXT


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Case: Ex parte and on behalfe of Symon Delboe, Andrew Middleton, Nathaniell Temms, Thomas Britton, John Taylor, & Abraham Syon, owners of the Postillian: Examination: 4. John Beard, of S:t Mary Hill, London, Mariner, Cooper Mate of the Postillian, 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 five in number which lay neere?r Bantam, of the ?comeing
of the Postillian, who thereupon made towards her with what ?speed
they could and the Postillian outsayling them they fyred XXXX
gunnes with shott which came very neere the Postillian and
soe continued chaseing of her & shooting at her till she came
to Anchor in Bantam Roade within Command of the Castle
And further to these Interries hee deposeth not

To the 5:th and 6:th Interries hee saith the Postillian being gone
into Bantam her Captaine bartered away her outward
ladeing//


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//ladeing or soe much thereof as hee thought fitt for pepper &
other goods for Account of the sayd Symon Delboe Andrew
Middleton Nathaniell Temms Thomas Britt?on John Taylor and Abraham Syon (sic) & having thereabord the same, and also some
pepper & other goods for Accompt of him selfe the sayd Kingsman,
and his Mariners (whereof this deponent was one) dpted peaceably
from Bantam therewith bound for Europe, And saith there
was a good quantitie of dollers or peeces of eight aboard the sayd shipp
at such her depture from Bantam but the certaine summe or for whose of
Accompt hee knoweth not And saith the sayd shipp with her sayd
homewards ladeing & moneye being come some few leagues from
Bantam shee was chased by fower dutch shipps belonging to the
dutch East India Company who fired some gunnes at her which
another dutch shipp belonging to the sayd dutch East India Company
who lay in the Postillians way for Europe takeing notice of
sett sayle and mett the Postillian and in a hostile manner
assaulted her and made divers shott at her with bulletts some
whereof tore and spoiled her sayles & rigging & soome tooke ?place
in the hull of her and in her ?interia the other dutch shipps who
were in chase of her came up with her, and soe among them seized
upon her & her ladeing & dipossed her Captaine & Company
of her & it, and put dutch men aboard her and carried
her ladeing to Batavia and there imprizoned the sayd Kingsman
the Captaine of her and Samuell ?Card:X her Purser first aboard
a dutch shipp and after in the Castle of Batavia where they were
kept close prisoners for some weekes & not permitted to speake
with any of the Postillians Company, & (as this deponent heard
by the relation if his p:rcontest Jasper Williams whp
goeing one day to the Castle to carry the sayd Kingsman a
Coate was kept a prizoner there, and as hee alsoe heard by relation
of some Statesmen who speake good English & were then (OR, ther) souldiers
belonging to the sayd castle) the sayd Kingsman and Carde were
forced to lye upon a brick pavement for some dayes without any
cloathes but their wearing garments, and afterwards when more
liberty was graunted that his shipps company might come & speake
with him yet they were not suffered to speake but at a distance the sayd
Kingsman standing sixe or eight stepps higher upon a point of the
Castle & those who came to speake with him standing belowe on the
Court of guards and souldiers who understood & spake English
being allwaies p:rsent to heare what was sayd, and afterwrads
this deponent being permitted to be with the sayd Kingsman in the
Castle during his stay at Battavia thereby knoweth that the allowance
made by the Generall for victualls for the sayd Kingsman, Carde
this deponent & his p:rcontest Jasper Williams and one John Yard and
another who were constantly with the sayd Kingsman, was only twelve
dollars//


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//dollars a month, which allowance was soe meane and
provisions there soe deare that they were forced to feed upon ?radishes
& radish topps with a little viniger to them and make many XXles
of them and not suffered to send for beere into the towne, or when
they have, their bottles have often tymes bin stayed by the souldiers, &
the beere dranke up and the bottles brokenm soe that this deponent
& the sayd other prisoners have bin forced to drinke water And
farther hee cannot depose

To the 7:th Interr hee saith that hee hath seene a noate in writing
which hee (having seene the Generalls hand writing to severall ?noates
touchng the allowance for mayntenance of the Postillians company
beleeveth to bee subscribed with the dutch Generall at Battavia his hand, expressing that hee
did give leave that the sayd Kingsman should be allowed to XXXX
thXXXX of an Attorney or Councell to advise with touching the
sayd shipp Postillian & her lading, And hee hath credibly heard
that the sayd Kingsman did thereupon make XXXX of the InterXXX
?Vernalte for his Counsell, and having soe done was not
permitted to have his assistance therein And further hee
cannot depose.

To the 8:th hee saith that by reason hee attended upon the sayd
Kingsman and went abroad with him severall tymes hee knoweth
that the sayd Kingsman had constantly one souldier at least attending
upon him when hee went abroad & was not permitted to speake
anything but in the souldiers p:rsence at such tymes as this deponent
went with him And saith for that hee this deponent sawe the syd XX
Kingsman come aboard the ?Crowne Lyon (a dutch shipp wherein XX
& this deponent & his p:rcontest Jasper Williams came from Batavia
to S:t ?Gallina (OR, Gollina; or ?Hollina) hee knoweth hee was brought aboard her under guard of
two souldiers, in which shipp the sayd Kingsman this dept & the sayd Williams were carried to S:t ?Hellena a
barraine Island & there left by the dutch to get passage as they
could for England Andfarther hee cannot depose

To the 9:th hee saith hee referreth him selfe to his answeres to
the 5:th and 6:th Interries & further cannot answere

To the last hee saith the Postillian was the tyme Interrogate of
about two hundred tonne burthen & had then nyne gunnes
and was worth with her tackle & furniture in this deponents
Judgment sixteene hundred pounds sterling & better And
saith the greatest part of her lading was pepper, and some
Cloves, nutmeggs, greene ginger, raXXX, & other merchandizes
the greatest part whereof belonged to the Interrogate Delboe
Middleton and the said Temms Britton taylor and Syon freighters & Owners of the sayd shipp
and//


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//And other pts thereof to the sayd Kingsman the Master,a nd to the
Mariners of his Company And saith hee this deponent had aboard
the sayd shipp at her seiz:r for his owne proper Accompt sixe
parcells of pepper which makes eight hundred & two pounds weight
of pepper, which if it had come safe to England (it being all white
pepper) would there have yeilded fowerscore pounds & fower shillings
sterling, and hee had also then aboard her a thousand Mam?poone
XXXXX which at London if they had come safe thither would have
yeilded fifty pounds of like money, Abd farther hee cannot
depose not knoweing the quantitie of the other ladeing nor what to
value the same at only hee knoweth that it did amount to a
very great summe, beside the dollers which were aboard at
her seizure.

JOHN B?EARD [His signature]

[CROSSED OUT: The foresayd Captaine Kingsman to the eleventh
Interrogatorie.]

XXXX followe the
XXXX

To the 11:th Interrogatorie hee saith that Bantam is scituate ?on an Island
called Java Maior which is in length about a hundred leagues and
not halfe soe broad as longe and that Bantam hath in it about two hundred thousand people and soe farr as this deponent could
observe the dutch had not above five or sixe shipps which laye before
Bantam,
yet saith that there
are sewall Islands as Sumatra& Pullagunda which lye not farr
distant from Bantam and have a constant & dayly wrought by way S[OME TEXT, NOT INCLUDED HERE, NOT CLEAR WHERE SHOULD BE INSERTED]
of trade with pepper and other Commodities, and soe
had during the tyme of this deponents being at Bantam And it
was dayly frequent with the Bantamers to send out (notwithstanding
the seige of the dutch two or three hundred fisher ?Prowes to fish
up and downe in the Seas beyond the places where the dutch shipps frequently lay
which returned usually at Evening without any preiudice doe to them
by the dutch And hee saith that the Captaine of the dutch shippe
who seized the Postillian did declare to this deponent (hee askeing
them whether the warr with the King of Bantam were betwixt the
States of the United Netherlands Provinces and the sayd King,) that
the sayd warr was only betweene the dutch East India Company
and the sayd King And this deponent in the tyme that hee was a
prisoner at Batavia being called before the Generall their & his Councell did argue
that as a reason, why hee this deponent & his sayd shipp ought to bee
released for that the dutch Captaine who seized her had confessed
to him this deponent that the warr with the King of Bantam was nit
a nationall warr betweene him & the States of the united Netherlands
but onely between him and the dutch East India Company,
(who as this deponent then sayd were only private persons) whereto one of the Councell replyed
and sayd it is noe matter for that wee will make yo:u an example,
for//


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//for if wee bee forcced to pay for yo:r shipp and Cargo, it will XX
amount to above three dollers a man for the share of every ?one
belonging to the dutch East India Company to make satisfaction for
the Postillian & her Cargoe, and therefore wee value it not ?our
Company hath money enough And this deponent shewing the sayd
Generall his this deponents protection which hee had from his
Highnes the Lord Protector of the Commonwealth of
England the sayd Generall in a slighting manner refused to
view it and sayd that though the Protector was Master in
England yet, the dutch were Masters in the East Indies And
farther hee deposeth not.

JO:° KINGSMAN [His signature]

************************************************

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


The 13:th of September 1658

Examined upon the same said allon

Smith ag:t the Golden Wine?fat)

R.

3:nd PETER RICH of London Merchant, aged
27 yeeres or therabouts sworne and examined
andXXXX

To the first and second articles hee saith and deposeth that in or about the
moneth of August 1657 the prducent Edward Smith (being
then in Ireland) wrote and ?sent a lre to this deponent (XX
of the said Smith) to this XXXX, ordering him thereby to write to Albert
?Brunston his correspondent in Amsterdam to freight a shipp
there and send her for Larnick in Norway to receive a lading
of deales and transport them XXX to Waterford in Ireland for this
the said producents account,

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