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HCA 24/112

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P1090692
f. 1r.

Huggery and others against Tolly)
Francklyn, Suckley Clem:ts)

upon which day
Francklyn and
Suckley as Proctors
for the said Willism
Huggery and Company
did to all intents and purposes
in fact and lawe in all better
wayes and formes alleadge and
propose as followeth,

(1) IMPRIMIS That William Huggery and
Company the mariners of the said shipp
the Edward and John enter into whole
pay for their services on board the said
shippe the second of June 1655: and did
continue and serve on board the said Shippe
untill the 22:th say of July 1656: and did during
all the said tyme doe such service as was
requisite and usuall for mariners and
as they ought to doe, and as the said
Tolly did desire them to doe for the service
of the said Shippe and for the preservaccon
of the goods on board her, And this was
and is true xr And hee alleadgeth
joyntly severally and of every particular

(2) ITEM That the said Tolly did carry over in
the said shippe the Edward and John for
the accompt of maior Chamberlayne
& others mentioned in the allegacion given
on the behalfe of the said Tolly the number
of twenty sixe horses & gueldings & 2 mares
and after the arrivall of the s:d shippe the
said Chamberlayne or some other on his
behalf did come on board the said shippe
and demanded the said horses and did
appoynt a certaine place upon the said
Island

P1090694
f. 1v.

Island of Barbadoes where hee
XXXX the same and the said Hugh
Turpin and others the mariners paiXX
in this cause whoe were employed in
the delivery of the said horses did
deliver the gray guelding or horse in
question att the place appoynted by the
said Chamberlayne or his Agents XX
was the same place where they dXXX
all the other horses, and it was a place
like a howell or stable with a rack and
manger, and there they did make XXX
and deliver the said guelding according
to appoyntment, And this was and
true xr And they alleadge as ?aforesaid

(3) ITEM John Viber was Boateswain of the saud shippe the said outward bound voyage

P1090754
Unfoliated
Parchment

IN THE NAME OF GOD AMEN before you the wo:ble John Godolphin docto:r of Lawes & Charles George Cock Esquire
Judges of the high court of Admiralty of England lawfully appointed The Proctor of Maurice Thomson against fourty Baggs of pepper marked
thus vizt [Mark reproduced in manuscript] and numbred from one to fourty arrested by authority and warrant of this Court on behalf of the said Maurice Thomson
as belonging to himself, and against Nicholas Terricke in speciall and all others in generall having or pretending to have any right title or interest in
the same doeth alleage and propound as followeth vizt That in the yeeres of our Lord. 1654 and 1655: and 1656. nowe current and in the severall
moneths in the severall yeeres respectively concurring all some or one of them, one John Burrisford, was the ffacto:r or Agent of and for the
said Maurice Thomson att Surratt in India and that with in the ptime the said John Burrisford did there lade or cause to bee laden aboard a certaine shippe named the
Adventure fourtie Baggs of Pepper to bee brought thence to England and consigned the same to be delivered to the said Maurice Thomson and that the said shippe
safely arrived with the sd pepper in her to this Port of London and heere the said pepper was Delivered to the said Maurice Thomson and by him received
and they were laid upp in his warehouse or warehouses, and hee was in the quiett & peaceable possession of the same, and since that time the sd ffourtie
Baggs of pepper have beene carryed from the said warehouse, & received aboard a shippe named the Reformacon whereof the sd Nicholas Terricke is
Maister, and noe satisfaccon or payment hath beene made to the said Maurice Thomson for the said pepper or any parte thereof, and the said Nicholas Terricke
still delayeth the said pepper in his custody & denyeth or delayeth to restore the same to the said Maurice Thomson or to pay him for itt Whereupon the
said Maurice Thomson nott having any other waies or meanes to recover the possession of the said pepper hath by vertue of a warrant issued under the seale of
of this Court caused the same soe marked and numbred as aforesaid to be arrested, and the said Nicholas Terricke in speciall and all others in generall
pretending any right title or Interest in the said Pepper to be cited & summoned to appeare in this Court att a certaine Competent day & howre in the sd warrant
expressed and nowe long since past to shewe cause if hee or they had any why The said Maurice Thomson should nott and ought nott to bee restored to the
possession of the same, Which said Nicholas Terricke in particular and all others in generall soe ?rited intimated and nott appearing have
mase fewer defaults and have beene pronounced Contumacious All which premises were and are true publique & notorious and of them these
is a publique ?voyre & same, Whereupon faith being made in this behalf by lawe required The proctor for the said Maurice Thoms
desire Right & Justice to bee done unto him And the said Maurice Thomson to bee putt in possession of the said fourty Baggs of pepper
by yo:r (primum Deccretum or) first decree for the preservacocn thereof according to the use & custome of this XX the said Judges have
considered of and have admitted and by this our first decree doe pronounce the same to be in lawe admissable and doe admitt the same
accordingly and that the said default have beene made as is abovenamed, And that therefore the said Maurice Thomson
ought to be putt into possession of the premisses haveing first putt in security usuall in this behalf, And soe wee doe decree possession
unto him, by this our (Primum Decretum or) first deceree, which wee doe make & publish by these presents

JO. GODOLPHIN CG COCK [Their signatures]

P1090799
Unfoliated

?Dobson against fford)
Smith, Francklin)

Satturday the 27:th of January 1654/55

Which day ffrancklin as proctor and
in the name of proctor of the said
Richard fford to all effect in lawe and
by all and every the best way manner and

forme of lawe that he cpuld or canne did

and doth say alleadge and propose aclately
as in the present writinge followeth viz:t

IMPRIMIS that John Dobson Master of the shipp
the William of Dartmouth upon the ladings
of the seaven and twentie baggs of wool
menconned in the premisse of this cause on board
the said shipp the William of Dartmouth
then lyeing in the porte or roade of Bilboa
to be carryed in the said shipp from thence
to London and there to be delivered to the said
Richard fford or his Assignes, did acknowledge
to have receaved the same say in good
order and well condiconed on board the said
shipp, and did primise and ingage himselfe
to deliver the same in this porte of London
dry in good order and well condiconed unto
the said Richard fford or his assignes, and the said John Dobson or his purser by his
comand beinge purser of the said shipp the
Willian) well knowinge that the said seaven

P1090800
Unfoliated

Transcription

and twenty bagges of wool at the tyme of the
ladeinge of the same on board the said shipp
delivered dry in good order and well condiconed
on board the said shipp, did subscribe XXXX
ladeing for the same testifieinge the XXXX
to be receaved dry, well condiconed, and in
good order on board the said shipp, and XX
the same were to be delivered dry, well condiconed
and in good oder to the said Richard fford
or his assignes here in this porte of London
or to that effect And the said pte producent
soth alleadge the premisses ioyntly and
severally and XXX of every part thereof

2. ITEM that after the said seaven and twenty
bagges of wooll were laden and put on
the said shipp as aforesaid, the said wool
during the tyme that they were on board the
said shipp, by water w:ch was taken XXX
and did come into the said shipp XXX
the least XXXX, and insufficiency of the
shipp, and for want of calkinge and XXX
XXX the Hathces of the said shipp did XXX
wett and much spoyled and damaged
and the damage done unto the said XXXX
the said water soe taken w:th the said XXXX
as aforesaid did and doth XXX and XXXX

P1090801
Unfoliated

Transcription

wume of forty pounds sterling. And the said
pte producent doth alleasdge of any other summe
of money for the damage of the said wooll
xr And doth alleadge the premisses as above

3. ITEM that upon the arrivall of the said shipp
with the said wooll in the port of London (w:ch
was in or about January, ffebruary or March 1653) and at the tyme of the unladeing of the
same out of the said shipp it did playnly and
cleerely appeare that the said wooll had
XXXX XXXX the tyme that they were in the
said shipp taken wett through water receaved
and taken into the said shipp, and that
the same were much samnfied and spoyled
by the said water; and soe much was taken notice
of and observed by the said Dobson, and others
that the said wooll were damniified and
spoyled by water takena nd receaced into the
said shipp And soe much the said Dobson hath
sayd, affirmed, confessed, and acknowledged.
And the said pte producednt doth acknowledge
the premisses as above

4. ITEM that the said Richard fford understanding
that the said woolls were damnified as aforesaid
did upon the delivery of the said woolls and
of

P1090802
Unfoliated

Transcription

out of the sahdi shipp and before the same
or any part thereof were carryed into his
warehouse, or disposed of, send to the XXX
Dobson to come and viewe the said wool
and to viewe and nake notice of the damXXXX
thereof receaved by the water in the said
shipp and to make him the said fford XXX
satisffaccon for the same or to that effect
and the said Dobson was spoken with to
that purpose before the XXX
disposinge of the said woolls and carryed into the said ffordes but the said
Dobson refused to come; at least he did not
nor would come, nor any for him did come
to viewe the said wooles and the damage
thereof, and thereupon after the XXX
had bin ?undisposed of ?at
some convenient tyme in expectaccon that
said Dobson or some from him would come
and viewe the same the damage ?thereof
the same were then and not before
and before the same were carryed into the said ffordes warehouse
by the said fford to XXXXXX by some XX
pson or psons, w:ch pson or psons XXXX
viewed the same did then finde the XXX
to be wett and damnified by the water XX
they tooke in the said shipp and did XX
XXX

P1090803

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P1090804

Transcription

Dobson ag:t fforde

Notes

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