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HCA 23/19 Interrogatories 1658-64

P1100662

Double paged image showing document is "No: 4"

Case: XXXX

P1100663

//Interria ministrat et ministrand ex parte et per partem Illustris
Sini principis Jacobi DXXX Eboras et Albanne xr Dm : mag in
Admiralli Angli testis, quibustung, ex parte et per partem
MXXthatlis dreist, Samuelis Poplot et seriord quoad Navem the
Nativity, of Johis Eastman et al pro bonis in eadem seizit pro
Durt, sen producend sequirit.

1. Let every wittnesse bee asked whether hee was in the shippe
The Nativity when shee began her last voyage and from
What port was shee sett out when she was bound for Oporto Port
& what Lading did shee carry thither & to whence was itt
Delivered, And howe long hath the said wittnesse belonged to
The said shippe, and what Office had hee in her, Ad interr
Con:m et dX:m ar de quolibet

2. I :m interrr, Whether was hee in the shippe, when shee was seized
(as is prtended) by one Captaine ?Colarte, and was hee alsoe in the said
Shippe, when shee was stayed neere ffalmouth, or howe long
Since, and att or neere what place did hee leave the said shippe
And lett him declare upon his Oath when and whenre hee last sawe
The said shippe and howe hee doth knowe her to bee the same
That belonged (as is p:rtended) to Michael ?Alweist, Samuel RXXXX
And Company, And lett itt bee done as above.

3. Lett him bee asked, whether hee the said witnesse had any parte
Or share in the said shippe the Nativity or in any part of the
Goods or lading, and whether Michael Dweist a witnesse pro
Duced in this Cause bee the same partie where in this Cause
Is a Clayment of parte of the shippe Et fiat ut sup:r

4. Itmm: interr. When had the Claymers or the mittnesse first
Notice that the shippe Nativity was stayed neere ffalmouth
Howe long time was there betweene the seizure made by Colarte
And the saty of the said shippe made neere ffalmouth and
Whether in that time, was nott the said shippe used and imploy
Ed as a shippe of Warre by those that had her then in possession
And whether one Michell and his Company did nott with the
Said shippe Nativity take and seize some other shippes and
Goods , and XXXX many shippes and what sorts or quantities of
Goods Et fiat at sup:X

5. Itmm: interr. Howe sooth hee knowe that the said Michael
Dweist and the other Clayments are Owners of the said shippe
Did they build itt, or buy itt, When and where was itt bought
& paid for, Is the wittnesse in the cause a witnesse to the
Bill of sale made of the said shippe or was p:rsent att the
Buying, or howe else doth hee knowe the Propreto:rs. Ex parte
His Reason. Et fiat ut sup:a//

P1100663

//6. Itmm : interr. Whether did the partie that prormed the GXXX
Or deputy of S:t Manes Castle, or did any other on his behalfe
Agree with the said Governo:r or deputy to give him satisfact
Tion for his paines & Charges that hee should nee att, as
Stay of the said shippe, And what satisfaction hath been
Given or is promised for the same; Et fiat at sup:a.

7. Itmm:interr, Whether Before the said shippe Nativity
was stayed neere ffalmouth had nott they whoe were in
possession of her beene by the space of 1. 3. 5. Or more monthes
weeks, or daies sailing and ?roaving up and ddowne in the
English Channell and used and imployed the said shippe as
a Man of warre to take pXXXXX, And within that time in
and with the said shippe had nott Michell p:rtending hm
-selfe Captaine thereof, and the Company of the said shuppe
taken & dubdued & gott into theire possession some other shippe
or shippes & goods , and spoiled the Right Owners thereof
att least had indeavoured soe to doe, and were aiding abetting
or assistant to the Commander & Company of some other shippe
whoe seized and made spoile as aforesaid Et fiat ut supp.

8. Itmm: interr Whether Immediately before the said shippe was
tayed neere ffalmouth was shee nott chased by a dutch man
of Warre or some other shippe upon the seas neere the Coast
of Cornwall on the West of ffalmouth and Pendennis, or S:t
Manes Castle, And did nott the shippe Nativity flee from the
Said other shippe, and in her flight might shee nott have made
Pendennis or S:t Manes Castle or ffalmouth harbo:r her Refuge
And have beene there surrXXed XX the Commander and Comp
-any of the Nativity had beene true men & friends, And yett did
They nott shun and avoide the said Castle & harbo:r and run their
Shippe aground a league or thereabouts to the Eastward of the
Said castle, And lett itt bee done as above.

9. Itmm: interr. Whether when the said shippe was soe stayed neere
Ffalmouth, was nott the said Michell or hee that was the then re
Puted Commander of the shippe Nativity and his Company or
Some of them examined howe they came by the said shippe &
The goods in her and howe long they had beene in possession
Thereof or to such effect, and did they nott then answeare that
The same were taken att Sea from a dutchman or hollander
Some monethes or weekes then next before, and doe nott you knowe
That the said Michell & Company did nott, nor cold then pro-
-duce any Commission to warrant the taking of the said shippe
Or goods, And lett itt bee done as above.

10. Itmm Lett him bee asked Whether att the time when the said Nativity
Was stayed neere ffalmouth and seized to the use of his Royall
Highness the Lord High Admirall aforesaid by his Officers and//

P1100665

//Ministers and whilest they remayned aboard the said shippe, did
nott the Commander and Company of the said shippe designe &
contrive and indeavo:r to blowe the said shippe up with Gunpowder
and were there nott severall Barrells of Gunpowder n the said
shippe, opened & prepareed by the Commander & Company of
her for that purpose, And have yo:u nott heard & beleeve that they
would have soe done if they had nott beene timely discovered
and prevented, Et fiat ut sup:a

11. Itmm interr. What Colo;es did Captaine Colartes shippe weare
att the time when (as itt is p:rtended) shee seized the Nativity
did shee weare the Swedish, or hwat other Colo:es and did nott
the shippe the Nativity ware the Holland Colo:es or what
colo:es did she ware or had shee nott the holland colo:es
aboard her declare the trueth, Et fiat ut sup:a

12. Itmm. Interr. Whether the sd shipp ethe Nativity when (as itt
is p:rtended) shee was seized by Captaine Colarte was nott
she seized in the English Channell and in sight of land, Et
fiat ut sup:a

Case: ex Parte Thoma Breton Abrahami Sayon Johis Godschall Edidy Thomas

P1100762

//INTERROGATORIA ministrand a ex
Parte Thoma Breton Abrahami Sayon
Johis Godschall Edidy
Thomas, et seriorum M:rcatorum Anglirosa
Quoad bona in navem quandum corat the
Oporto M:chant (?Cujus Elias drew fuit
Madd) XXXXta jup quibus p:tunt testes
Examinat ad perpetuain XXXmoriam
Sequintur vizt.

1. IMPRIMIS Interr quitebet whether doe you know
Or have seene the said shippe called the Oporto
Merchant, whether doe you not know or howe heared
That the said Elias Drew was the Master of
The said shippe and the Owners of the said
Shippe were, and are English men and subjects
Of our Soveraigne Lord King Charles the second
And that the said shippe in the monethes of
Jan:ry and ffeb:ry 1662 (English style) and for
Some time before and after and at the time of
The seizing of the said shippe and her lading by
The subjects of the King of Spaine doe
Belong unto the port of Londona nd that the said
Shippe was upon and at the time of her departure
From this Port of London upon the voyage to
Lizboa of the Burthen of one hundred and eighty
Tunnes or thereabouts declare what you know
Beleive or have heard to this purpose Et interr
XXXX divs et de quolibel.

2. ITEM Interr quilibel whether doe you XXX know or
Have heard that the said Thomas Breton
Abraham Sayon John Godschall
And//

P1100763

//and Giles Travers or some of them did by Charter party
25:th of ffeby 1661 take the said shippe the Oporto Merchant
To freight of John ?Pill and Rowland XXXX
M:rchants owners of the said shippe for a voyage to be
Made with the said shippe from this port
To Lisboa and from thence to the XXXX
Or any other place within the straights of Gibraltar
Being in ffriendshipp with the King of England
In such manner as XX the Charter parties
For the said voyage is conteined declared and
Know beleive or have heard to this purpose
Real XXXXX.

3. ITEM Interr quilibet whether doe you XX knowe

Case: XXXX: Document: Charterparty for Opporto Merchant of London

P1100772

IN THE NAME OF GOD AMEN this Charterparty indented of a freightment made the Eight &
Our soveraigne Lord Charles the second by the grace of God King of England and Scotland ffrance and Ireland defender
Merchants owners of the good ship called the OPPORTO MERCHANT OF LONDON of the burthen of one hundred and Eight
Thames within the port of the Citty of London (of which ship Elias ?Drew Mariner is Master)
Breton Abrham Sayon Andrew Midleton John ?Goosthall GilesXXavervband Nichols Vanaker of London
The said owners have granted and letten to freight the said ship unto the said Merchants by the
Certaine from the departure of the said ship from Gravesend outwards
At and for the rate and price of one hundred and thirty and eight
The Calendar and for such and solongtime after the said
Factors or assignes to keepe the said ship in their service
Of England p month and soeafter the
And hired the same ship for a voyage with her to be made by Gods blessing in manner and forme following (that is to say
Administrators doe covenant grant and free to and with the said merchants theri executors and administrators by the
And next faire winds and weather that God shall send after ffoure and twenty houres notice given to the master
Gravesend with such goods and merchandizes as the said merchants their factors or assigne sof XXXX
May reasonably carry and ?store in her over & above her victuall tackle and apparell after her arrivall there shall after she shall be cleared at Gravesend & y;e XXXX with the first fair XXXX weather then XXXX happens
The perils and dangers of the seas excepted saile unto Lisboa in the Kingdom of Portugall there to discharge the goods and merchandizes carried
In her thither and being then dispatched shall directly saile from thence to the ?Madera Islands XX
The straights of Gibraltar being in league of friendship with the King of England here she may
Directed by the said merchants to their factors and assignes to saile unto to receive & take into her her freight
Said merchants thero factors ?or assignes shall lade & put aboard her so as she may reasonably XXX
Apparell as aforesaid and being XXXX from her last port of employment abroad shall by Gods
& the perills & dangers of the setting XXX saile is XXX & come backe into the said port of the XXX
Arrive thereat an anchor to make discharge and and of her said intended voyage AND the said
Doe iointly and severally covenant grant & agree to and with y:e said owners to
And directtion to the master of the sd ship for
The streights of Gibraktar inamity with England where she may safely arrive

P1100799

//INTERRA MINISTRANDA ex pts
William Curtis Testibus oibus, et
singulis ex pte Thoma Hussey,
Samuelis Harwar et serior con en
utruq:r p:rduct et p:ducent Sequuntur
viz:t

1. IMPRIMIS Exponatur Civitibi Testi perXXculu
et prba Testis falsdii, et tum inter de XX atate,
sonducone mora et orta XXXX, Et quamdin novit ptes
in humoi Caa litigands Et Interr Con:m div:m et de
quatibi.

2. ITEM Inter quilibi Whether were you any of
the Company of the Shipp the May fflower
mencconed on the Allegaccon whereupon you are
examined, if yea whether were you areofficer of
the said shipp or a Common marriner if an
officer what office did you beare in the said
Shippe Et fiat et supra.

2. Item Inter quilibi Whether doe you not know,
beleive, or have credibly heard reported That at the
tyme of the makeinge of the Charter Partie mencconed
in the Allegaccon whereupon you are examined
and alsoe some tyme before and at the tyme That
the said Willm Curtis was by the said Thomas
Hussex William HaXXXXard and Companie
appointed master and Commander of the said shipp
the May fflower, the said Thomas Hussey,
William Harvard and Companie or some of them
did know, and take notice of, That the said William
Curtis was ymployed by and in the Service of the
East India Company & that he was untertXXXXX
XXXX//

P1100800

//into and in the Service of the East India
Companie before he was master of the sd
Shipp the May fflower & that the said XX
Hussey, Samuel Harward and Companie XX
soe much at the tyme of the said makeing of y:e
said Charter Partie nor did take any off
exception at all to the same but were content
therewith. Declare what you know, beleive, and
heard to this purpose: Et fiat et sapra.

4. Item Inter Quilibi Whether doe you ?know
have credibly heard what daie of the moneth
what yeare of our Lord the said Shipp the May
fflower was dispatched and cleared at Madras ?by
factors and Agents of the East=India Companie XX
Madras upon her voyage homewards for England if
yea, expressed the precise day of the moneth and
what yeare of our Lord it was, whoe by name
the Cheife ffactor and Agent of the East India
Companie at Madras the tyme when the XXX
was dispatched from thence and had the CXXXX
Cheife of the officers of the East India Companie
Et fiat ut supra.

5. ITEM Interr quilib Whether doe you
What pXXXX and Custome XX
the moneth and in what yeare of our Lord XX
shipp Mary Gold mencconed in the sd XXX
whereupon you are examined did depart and
saile from Madras if yea expresse the XXXX
day of the moneth and what yeare the sd
Mary Gold sett saile from Madras. WhXXXXXX//

P1100801

6. ITEM Inter quilibi Whether doe you not
know, beleive, or have Credibly heard That from, &
continually after the tyme that the said shipp
the Mary Gold did saile from Madras the
voyage in Question untill the 29:th day of
January 1659 about XXXX the wind was
sent XXXdly and the Streame did constantly
comme to XXX Northward, soe as both the wind &
Streame duringe the said tyme were both
contrary to the said shipp the Mary Gold,
to her Comeinge for England & that she did
not nor could duringe the said tyme advance, or
make any proresse ?foward in her course for
England, and that two daies after her departinge
from Madras she was seene off from thence and
observed to have made noe advance or progresse for
England. Declare what you know, beleive, or have
heard to this purpose Et fiat ut surpra.

7. Item Interr quilibi Whether doe you not know,
beleive, or have Credibly heard reported. That
Thomas Chamber^[1] whoe was Cheife Agent
for the East India Company at Madras in, &
dureinge the monethes of December and
January 1659 and for some tyme before and
after did not, did not, nor would dispatch the
said Captaine Curtis from thence ?give him
his dispatched soe as he might be in a
Capacity to sett saile from thence untill the
29:th of January 1659//

P1100802

P1100803

P1100804

P1100805

P1100806

//the same were and are and soe usually have
beene Accustomed to be carried aboard the
Shipps there in the Service of the East
India Companie by the boates of the
County there. Declare what you
know beleive or have heard to this purpose. Et
fiat ut supra

12. Item Inter quilibt Whether doe you not
know, beleive, or have heard reported That
by the meanes and default of the said Agent
and for want of the said boates some of the
said provisions were not, nor could be gott
aboard the said shipp untill the 28:th of
January 1659 and that upon the 24:th and 25:th
of january 1659 there was not water and
other provisions aboard the said Shipp
sufficient for the companie of the said Shipp
in her voyage for England & that without
the same the said Shipp could not, nor was
in a Capacity to saile if the wind had beene
then faire as in truth it was not. Declare
what you know, beleive, or have heard to this
purpose. Et fiat ut supra.

14. Item Inter quilib Whether doe you not
know//

P1100807

//know beleive, or have heard reported that the
May fflower' before her arrivall at Madras
the voyage in Question did Come fromMeslepatan for Madras & that being XX
with goods she was dispatched from XXXX
for madras by W;m Johnson Cheife XXXX
for the East India Companie there, upon y:e
14:th of January 1659 and not before & XX
soe soome as ever the said Shipp was XXX
from thence the said 14:th of January 1659
the said Captaine Curtis did upn the
14:th of January 1659 sett saile with y:e
said Shipp from Mesloputan for Madras
and arrived there with the said Shipp &
goods in her upon the 25:th of January 1659
then the said Goods brought thither in the
said Shipp were unladed out of her XX
expedicionne That the said Captaine Curtis &
his Company Could make or that the Agent XX
the Company there Could prmitt & XXX
sent the boates for the same the XXXX
were with all Diligence unladed out of the
said Shipp & that it was the 24:th or 25:th of
January 1659 before the last of the goods//

P1100808

//there were unladed out of the said Shipp
and whether were not you the wittnesse
ymployedd in the unladinge of the said goods
out of the said shipp there, and did your
diligence therein. Et fiat ut supra.

15. Item Inter quilibi Whether did not the
said Captaine Curtis after his dispatch
at Mesloputan make all spaces he could
from thence for Madras & that the said
voyage from Meslepatan to Madras was
furnished in in, and with the said Shipp
May fflower in as soone a tyme as wind &
weather did, or could prmitt from her
departure from Mesleputan for Madras
aforesaid & that there was noe default at all
in the said Captaine Curtis therein &
whether have not you the wittnesse said, &
affirmed soe much. Et fiat ut supra

16. Item Inter quilibi Whether doe you not
know, beleive, or have heard reported that
after the arrivall of the said shipp at Madras
from Mesleputain as aforesaid the said Capt
Curtis did by himselfe and other sby him
ymployed write, p:suafe and importance the
said//

P1100809

said Thomas Chamber the said Agent
of the said Companie at Madras to XXX
away the said Shipp form thence &
he the said Captaine Curtis used all his Diligence therein & that he
was in noe default at all therein & XXX
notwithstandinge he could not procure
obtaine his disptaches from the sad
Agent untlll the 29:th of January 1659
whether hand not you the wittnesse before
examined as a wittnesse touchinge this pXXX
and have XXXed upo youre oath that the
Agents if the East India Company XXX
Mesleputan and Madras were in default
that the said Shipp was not sooner XXX
at Mesleputan and Madras and that XXX
deteyned and kept thereby by the Agent of
the said Companies, & she saith Cap:t XXX
was in noe default at all therein. Discover
what you know, beleive or have heard to the
purpose. Et fiat ut supra.

17. ITEM Interr Quilibb Whether XXX
not know, beleive, or have heard XXX
That upon the 29:th of January 1658 x:r
as the wind came fXXXX a sett to XXX XXX//

P110810

Notes

1. ↑ Thomas Chamber took over as chief agent in Madras in 1659, after the death of William Greenhill