MRP: HCA 13/76
HCA 13/76
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The Jonathan and Abigail vs. Daniel Edwards
P1090919
f. 1r.
16:o Aug:ti 1666
Super allon apud acta ex parte
drorum Brandling et alXX
THOMAS ANDREWS de Wapping in parro
S:ta Marice Matsellon als WhiteChappell
annos agens 42 aut XXXXXXXX
testis produit et Juratus.
Ad dictam allegacconem deponit et dictit thathee hath for severall
yeers last knowne the allegate shipp Jonathan and Abigaill Thomas
Morley Master. And saith that hee hath bin informed by the said
Morley and the Merchants the ffreighters that the said Charles
Caryll on behalfe of himselfe and Company tooke to ffreighte
the said shipp Jonathan and Abigall (sic) two hundred and fourty tonnes
certaine to the best of his remembrance to goe from this port of
London to Archangels in Russia thence back againe to this port of
London with such goods as the said Caryll and therest of y:e ffreighters
should send aboard, and the said ffreighters as appeares by the said
Charterparty were to pay for ffreight at the rate of 6:li 10:s per tonne
primage and average XXXXX And saith that about the time of the said affreightment there was
a generall Embargo upon all English shipps and a generall Imprsse for
all seamen in the publiqe service, and the sd Caryll taking notice
thereof this deponent heard him promise to procure a lycense for
the sd shipp and a proteccon for her mariners from these Imprests
And not long after the said promise hee saith the sd Caryll gave by the
hands of this deponent to the sd Morley a paper or writing which hee
procured upon the sd voyage as also a protection for the security
of y:e marriners from the sd Impresse. And the sd Morley having
soe received the same ffitted and prepared the said shipp for the sd
voyage ad Expended as hee verlily beleeveth in the calking, graveing
rigging and fitting her out clearing at y:e Custome house and at
Gravesend neere one hundred pounds y:e whole charge amounting ?to 400:li to sett her to sea and did hire mariners to saile
and serve in the said shipp, the whole company with the M:r and boy
consisting of 34 or 36 persons and provided and furnished the said shipp with
provisions necessary for the said voyage for the space of foure or five monthes. And the sd shipp being ready the said Merchants sent
severall goods on board to bee carryed in her the sd voyage but
he beleeveth that the sd Merchants were not bound to send any goods
aboard but the said shipp might have gon in her ballast thither
And the said ship lying windbound in Bugbyes hole being ready
to proceede upon the sd voyage the sd Morley in this deponents
hearing advised the sd Caryll and Bell two of his said ffreighters to goe
downe to y:e Generalls of y:e ffleet then riding at the buoy in the XXXX
and to carry with them y:e said passe or oroteccon as they affirmed it
to bee and show it to y:e Generalls and know of them whether by XXXX
thereof they might proceed upon their said voyage. Howbeit the sd
Caryl and Bell refused ffor to doe and with the other ffreighters importuned
P1090920
f. 1v.
importuned and urged the sd Morley to goe downe with his shipp
which hee accordingly did with the first faire wind the sd Carryll
and Berry two of y:e said ffreighters going downe in the sd Morley's shipp
and Bell and Thirsby in this depots shipp which shipp was also ffreighted
by the sd Carll and Company for the sd voyage and was to goe in ?Company
with the Jonathan and Abigall. And comming into the Buoy and the XXX
the Generalls commanded the sd Morley and this depots shipp to an Anchor
and sent for the merchants and the said Morley and this depot who
accordingly comming aboard Captaine Hobart Capt of Royall Charles
told the said Morley and this depot that y:e Prince and the Duke would
see their proteccons, And the s:d Morley and this depo:t accordingly
gave him the very same papers that Mr Caryll had before
given them which they had affirmed to be the lycense and protteccon aforesd. and after
saying that the Generalls had seene the, And saith that about the
same time y:e Generalls under theor hands sent an order to the sd Capt:
Hobart to empresse, and the sd Hobart or some employee under him did by
virtue of the sd Warrant impresse all y:e seamen saving fifteene men to bring the
shipp back into the river of Thames. And much about that time
the sd Capt Hobart and the Lieutenant of y:e Royall Charles told
this Deponent and y:e sd Morley that had the Merchants come downe before the
shipps and addrest themselves to y:e Generalls, they beleived the Generalls
would have suffered them to have proceeded on their sd voyage
with their full number of men and not have imprest them.
The premisses hee deposeth and knoweth to bee true Having seene
y:e Charterparty, and to his best remembrance seing the same
signed. And ffor that this depo:t lett his shipp to ffreight to the said
Caryll and Company and was bound to goe the same voyage
and being an eye and Earewitnesse of the premisses and
acquainted therewith. And the merchts hee saith were also aboard
and were eye and eare witnesses of y:e premisses namely of the Impresse
of the men and sending the sd shipps back againe into the river
of Thames whereof she came to an Anchor at Ratcliffe ?Chaine on or about the 30:th
or 31:th of June last past, Rtalr nescit deponere.
Ad Interria
Ad primum rendit that hee was the time Interr and now is M:r
if y:e ship the Owen and David and is owner of an Eigth part
of her Etalr nescit.
Ad 2:th deponit that hee XXX and appeares in this busienes on the
behalfe of his owners being as M:r of y:e said shipp ?aferX:t to them and ?perceiving XXX
of them which is XXX about six pounds y:e month. And this XXXXX XX y:e
only person signing y:e Charterparty for letting the said shipp the Owen
and David to ffreight to the sd Merchants parties in this suite on behalfe
of himselfe and the rest of y:e said owners, Whose names and parts
in theOwen and David are as followeth vizt John Sands owner of
an 8:th John Harris of a 16:th, Edward ffenn of a 16:th Walter Hampton and
M:r ?Hanning 16:th Thomas Hancock 16:th John ?Asty 16:th M:r ?Walter
?Wild a 16:th John ?Chaston 16:th David Sidney a 16:th Thomas
Davies 16_th Richard Adams 16:th this depo;t an 8:th And knoweth
not Who are the owners of y:e Jonathan and Abigaill saving he
hath heard M:r Morley say that M:r Brandling and M:r Hoopers are
P1090921
f. 2r.
parties in this suite are two of his owners but of what parts hee knoweth not nor
hath heard Aalis nescit rendere.
Ad 4 et 5 deponit that at the time or times of treating for y:e ffreighters
of the sd shipps Jonathan and Abigail (sic) Owen and David this depot and the
sd Morley knew that there was a generall Imbargoe upon all English
shipps and a generall impresse for all seamen. And saith this depot
agreed with the sd caryll that hee and or the rest of said ffreighters should
procure a lycense and proteccon for the sd shipps and mens the said voyage
and they bringing the papers predeposed being as the sd Carykk
alwayes affirmed a lycense and proteccon, this deponent then signed the Charterparty and not before, And he beleeveth
and is well assured that the sd Morley did the like.
And saith the
saidproteccons were signed (James) and the Anchor (a Seale)
was put to the topps or heads of them. And this deponent saith
that had the said proteccons bin sufficient (which this depot
and the sd Morley never beleeved they were in regard the sd
Caryll would not procure them a lycense to ?neere y:e Kings XXXX
the Generalls would not have impeded the voyage by the impresse
of their men and ordering the said shipps back againe to this
River, And the sd passes or papers are in the hands of M:r Sukly
the Procter. A alr referendese ad predeposta nescit XX
Ad 6 et 8 rendit that the sd Caryll. Bell, Perry and Thirsby and XXXXXX y:e sd ?Caryll did at
Greenewich and London after the obtaining the sd passe and
before and after the sealing of y:e Charterparty Interr declare
and affirme that the sd lycence and proteccon. would cleare
them from being hindered or molested in their said voyage. And the
said ffreighters nor any of them did not promisse to pay the
Charges of fitting and preparing, or of victualling the said shipp.
or to pay the mariners wages in case the said shipps or any
of them should bee stopped or hindered in their said voyage. Et
alr nescit rendere.
Ad 8 et 9 rendit that the Owen and David os of y:e burthen
of about 200 tonns or thereabouts the Jonathan and Abigail
about 250 tonnes and this deponents freight for this voyage
would have amounted to 1200:li or thereabouts and the ffreight
y:e Jonathan and Abigail about 1500:li as hee beleeveth. And saith
that y:e voyage in question is usually made in five or
six monthes, And saith that the sd ship Owen and David cost this depot
about ?1800Li sterln and hee bought her before this voyage namely about about twelve moneths time. And saith
the said shipps Owen and David and the Jonathan and Abigail
had not bin fitt for the voyage in question unles they had
bin reparied and fitted in the same Conditon she went downe
int to the buoy and Nore. But as to the particular repaires and summes
of money expended he saith they are entred and mencconed
in his ship booke which booke he shall be ready to produce for
y:e informacon of Court when required thereto. And the Jonath
and Abigall with her tackle apparrell and furniture hee judgeth
P109022
f. 2v.
to bee worth 1400:li or 1600:li sterling And saith the said shipps
if either of them goe upon another voyage must bee ?new
caulked rigged and graved, snd severall other things done
which are wanting and will bee but necessary. Aalr nescit
renera.
Ad 10 rendet that in the time of peace three pounds
five shillings have bin usually paid per tonne. And soe much
this depo:t hath had per tonne having bin severall
times the voyage Interr. But are not then at halfe the
Charges for wages as they are now at. Hee remembreth
not what hee made the last voyage with his shipp which
voyage Was about two yeers since. Etalr nescit rendera
Ad 11. 12. et 13 rendit That he is to beare and Eigth part of
the whole shipps Charges being the owner as aforesaid of an
8:th . And saith that hee is to pay and hath paid for marriners
wages fitting and setting out the sd shipp Owen and David ?according
to the Note thereof which hee now leaves. And he also
leaveth a Note of the quantities qualities and prices of the provisions
of the said ship and what were spent by y:e shipps company to which
herefforth himselfe having compared them with his said ?note
and made them to agree in every particuler. And saith hee
had an adventure consisting of woolen Manufactury, stuffes,
and other goods. but the perticulers and quantities he now remembreth
not but saith the same may beknowne by his cockets remaining
in the Custome house. some part of his Adventure yet on board
and some on shore, and denieth that ever hee
since the sd shipps returne ever proffered to sell any of his clothes
or other part of his Adventure for losse or otherwayes and did
suffer dammage as hee is an Eigth part of the sd shipp Et
alr nescit rendere neiscit quid credat.
Ad 14 renat that he beleeveth the goods mencconed in the
bills of lading were lading on board the ship the Jonathan
and Abigail Interr and knoweth the firme of Thomas
Morley thereto to bee of his the sd Thomas his
handwriting And saith hee hath heard M:r Richard Perry
and some others of y:e ffreighters acknowledge that they
had received all their goods from on board the Jonathan
and Abigail according to the bill of lading And as to the severall
parcells of goods and quantities and qualities laden aboard the Owen and David hee
refereth himselfe to the Bills of lading signed by him upon
the receipt of those goods contents and Qualities not knowne
all which are returned againe to the sd ffdreighters save
100 slabbs of lead Which lieth yet on board at the
request of M:r Daniell Edwards etalr nescit.
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