MRP: HCA 13/76

HCA 13/76

Editorial history

04/04/12, CSG: Created page

---

---

Suggested links

See Admiralty court cases

---

---

Listing of imaged cases

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 had 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.

---

P109023
f. 3r.

Ad 15 Rendit that M:r Suckly has y:e order Interr and
has a copy now about him. there is mot any command
therein to pay y:e mariners wagaes. Et alr salvis prodepstis
nescite deponets

Ad 16 et 17 rendat that some of his mariners were hired
by the voyage others by the month, and one with another hee
reconeth their wages to bee about fifty shill a man per month.
And saith that two or three of his said men were hyred
about a weeke or tenn dayes before the sd shipps Went out from
Bugbys hole, In time of peace hee saith it is usuall to hire men
at Halfe pay in the River of Thames, until their falling
downe to Gravesend and untill they shall bee cleared there.
There was noe ffreight to bee paid according to y:e Charter
party untill the shipps returne. Onely primage and Average
at the delivery of y:e Goods at Archangell. Et alr nescit

Ad 18 rend:t that this depo:t and the said Morley advised the ffreighters
of some or one of them to goe to the ffleete as is Interr. andproffered to beare their Charges up and downe. And saith that M:r
Caryll and Bell came to London but whether they tooke
any Advice of merch:ts about that busienes hee knoweth not.
EtAlr nescit

Ad 19. 20 et 21. Rendat that these two sutes in his Judgmt are one
and the same, and the Charterparties are thesame saving the shipps
names y:e owners the burthen of y:e shipp the Masters names, number
of men. And hee beleeveth the determinacon. will bee one
and the same, M:r Suckly is proctor. S:r W:m Turner S:r Walter
Walker are Counsell for this depots owners. Morley is Examined on this
deponents owners behalfe, and this deponent on the sd Morleys hath
not had Communicaccon with any about this busienes, or his disposition
herein: Before this suite was commenced this depot on behalfe of his
owners proffessed to and would have left the decision of this busienes
to the award of any unconcerned merchts: the owners hee saith are
not to pay any thing to the ffreighters as to any losse or dammage
in regard as hee saith these ffreighters were not bound to lade any
goods on board, and also for that they failed in their lycense and
proteccon. And these Caryll and Edwards hee saith many times
declared to this dep:t and the s:d Morley that they had bought
the hreatest part of y:e goods the yeare before and could not
shipp them of that yeare. As to the ffreight and damages
sued for by this suite he referreth them to the determinaccon
of y:e law: And saith that hee beleeveth that he came from the buoy in the
Nore in three or ffowre days space. to Ratcliffe Chaine. And saith the sd
ffreighters neversent a boate or bills of lading to take away their said
goods untill they were by order from this Court summoned to appeare
and show cause why they would not ffetch away their goods &
pay this depot and his owners their Charges. And M:r thirsby he saith
XXX:t before y:e sd processe was issued out said that the shipp was a
good warehouse for their goods. Etalr nescit

THOMAS ANDREWS [His signature]

Repetit coram dre
lloyd. SaXX XXXX Edwardo Browne not. pubb.

---

Case: Rex vs. the St Peter, of which Rasmas was master

P109024
f. 3v.

Dmus M:r Rex con Navem y:e S:t Peter)
suon Rasmas est magister)

XXXX XXXX$$Sug Interriys in proppario XXXXXX

I:us SVEN RASMUSOND Master (and in SuoXia Navarchus dicte
navis annos agens 50:ta ant XX rirter testis producent et JuruXXX
dicit et deponit proXtxxx

Ad j:n 2 et reliqua Interria deponit that hee will knoweth the
Interr shipp S:t Peter, and hath sailed in and bin M:r of her for
one yeere last past, during all which time she hath
belonged to Masterland in Sweden, and to subjects of the said King,
And saith his owners and their parts are as followeth viz:t. Hanco
Croosen of Masterland owner of one eigth part. Hanco Martinson of
Stockholme of an Eigth part, Olock Tromon of Stockholme of an Eigth
part John ffrick of Stockholme also of an Eigth part, and this deponent
of the other halfe part of the said shipp, all subjects and natives
of his Majesty of Sweden, and Eminent Burgers of the Cities of
Masterland and Stockholme And saith that y:e foresaid Crooson is
a native and an Alderman of y:e City of Masterland aforesd, and the
other three are Burgers natives and Inhabitants of y:e City of
Stockholme and for and as such commonly accounted. And
saith the said shipp was about a yeare since built at
Masterland, by order of this deponent on behalfe of himselfe and y:e
rest of y:e foresaid owners. And saith that the said ship hath made
three voyages since y:e ?sd building. The ffirst was from ottenborow
in Sweden to Hamborow with Iron, Pitch, & XXXlis, ad from thence to Masterland
with salt. The second was from Masterland with Herrings to
Stockholme, and there this depo:t tooke in a lading of Pitch, tarr,
Iron and some Dealeboards, for and to bee delivered at this
city of London to Charles Marisco a merchant here, And saith the
same were laded at Stockholme by Jacob Mumma, Abraham
Mumms, Abraham Veruson all Inhabitants in and XXXX
of Stockholme, for their owne account consigned to and to bee delivered the foresd
Charles Marisco, and the quantities and qualities were as followeth twenty thhree
lasts of tarr, twenty lasts of pitch, ffive hundred shipp pounds
of Iron. Every shipp pound conteining three hundred w:t of Iron
and ffive hundred DEales being his whole shipps lading. And
saith noe part of his lading belongeth to any of the subjects of y:e ffrench King or King of Denmark or any in Enmity with this
Crowne. And saith that there was noe ffrench Dutch or Danish
ffactor or supra Cargo aboard his said ship the foresd voyages
or y:e voyage in question where in hee was seized. And at seizure
of y:e sd shipp he saith hee had with himselfe and his Company
consisted of Eight mariners all natives of and hired by this depo:t
at Masterland in Sweden aforesd, and subjects of the sd King. Nor XXX XXXX
live in any of y:e Dominions or territoryes of y:e ffrench King Dane or
States of y:e United provinces. And saith that y:e papers and writings at
the sd shipp were delivered to y:e Captaine of the ffXXXXXXX who XXXXXXXXXX
of of Yarmouth as he was comming with his sd ship and lading to
London, and afterwards the sd shipp was sent up into y:e river of Thames
and is there now remaining. And saith there was noe papers or
writings burnt, torne, concealed or any wayes made away. And saith

---

P109025
f. 4r.

?y:e foresaid seizure happened on the 12:th instant And saith
that at his sd siezure he declared to y:e Captaine of y:e vessell that tooke
him that his said shipp belonged to Masterland
and that hee was to goe with his ship and lading to Ostend, and
showed him his passe which hee had on board purporting soe
much, ffearing the seizor might have bin ffrench, Dutch,
or Danish man being very darke in y:e night which passe they did clourably that they might
thereby gett through the Sound. And saith she had at her
sd
seizure and never ?caried any but y:e Swedish fflagge or ?poles nor
ever had any other on board her, And saith that there were noe goods
betweene the said shipps docks she having but one deck. at the time of her said seizure,
and that the sd shipp is of the burthen of about 60 lasts and hath
bin M:r of her ever since her building at Masterland as aforesaid
And lastly saith that for the lading in question hee signed bills of
lading all of one tene:r as they are found in And taken out of y:e said ship
by the seizor Et Alr nescit

SVEN RASMUSSEN [His signature]

---

BREAK IN PAGES

---

P1100182
f. 132r.

The Godliffe and upon such his comming aboard hee declared that hee was to have
y:e said shipp up in to Chichester river by the said ?Bearnes order And the pilot endeav:ring
to effect it ran the said shipp aground where she stuck soe fast that she lay aground
about fourteene or ffifteene days together. Although y:e sd Bearne and Company
heard over board severall and very many tonns of wine to lighten the sd
shipp endeavouring thereby to get her off, And saith that whilst she soe
lay aground severall people came and carried wine in caskes which they brought
with them away and dranke and embezled a very considerable quantity namely about 30 tonns as he concebeing parte of y:e shipps XXXX, to y:e
great dammages of y:e sd owners. And saith that the sd shipp lyeth about two houres
every tide affloate and her under deck is risen up a great deale and y:e Main mast
hee saith riseth every tide about a ffoote and halfe and she is in soe leaky and
bad a condiccon that hee questioneth whether she will ever get to sea againe. All
which is occasioned by y:e foresaid seizure. Et alr nescit

Ad 10:d deponit that y:e foresaid Michael Sansier was suddenly confined as a prisoner
And was kept in custody by the means of y:e said Borne and his Complices under
The pretence of being a Holland:r. Et alr nescit

Ad 11. 12. 13. Et 14. Nescit et preparto sua neve

Ad 15 nescit that y :e sd Borne and Company kept y:e M:r of y:e Godliffe and her Company
In Custody two monethes together or thereabouts after y:e said seizure and would
Not allow them XXX Inck or paper to write to any ffreind Nor suffer any man
To goe ashore but with a keeper. Et alr nescuit

Ad alr discit predeposta sua de vero

Signum dei F H Philippi (His mark)

Idem super allone dat. 11:o Decembris 1666

Ad primum nescit salvis subscriptis

Ad 2 deponit that y:t voyage in question is irst voyage that hee hath made in the sd
Shipp Godliffe which was from Ostend to Nants and had she not bin
Seized she had returned thether Againe Et alr nescuit

Ad 3 et 4 arles deponit that y:e aclate John Johnson was none of y:e shipps company
The voyage in question. And came on board Captaine Berbeaty y;e Cowes and at Chichester y:e sd Johnson came often onboard y:e Godliffe and hath staid there severall
Days together by y:e meanes and at y:e request of y:e sd Bearne and in his service as hee
Conceiveth. A alre nescuit

Ad 5 arlum deponit that some time after y:e said shipp came into Chichester one Capt
Bradshaw said to bee an officer of his matys Customshouse came on board y:e sd
Shipp and sealed up the hathces of y:e said shipp in order to and for preservaccon
Of y:e goods from ffarther plunder, And the said Bradshaw sealing up also a lile
Doore wherein y:e potts of sweet ?muskes were put y:e sd Johnson said that hee would
Broke open those seales XXX they are not worth a fart (sic) I will put downe my breeches
And shitt upon them or hee spake in words to y:t effect. And saith that a ffattman
One of y:e privateers owners as hee supposeth brooke up y:e said doore and y:e said Johnson
Or some of y:e XXX Company tooke away y:e said ?sweetmeets and onshore namely at the house of one Egbert an
Alehouse keeper in sicklesham this depot. Saw y:e sd Johnson break open y:e caskes of sweetXXts
Whereon y:e foresd Bradshaw had put his said seale. A Alr nescit

Ad 6 deponit that y:e aclate Joseph ?Verflett is one of y:e shipps Company and is a married
Man, and supposeth him to dwell either in Bridges or Osetnd. Et alr nescit.

---

P1100183
f. 132v

Image is very unclear. Need to re-image

severall people came with potts

XXXX

Super allon XXXXXXX

---

P1100184
f. 133r.

Ad 7 deponit that there is noe such person belonging to or one of y:e Godliffes
Company XXX XXXX Mays. But saith there is one Matheas who us Carpenter of her et alr
Nesuit

Ad 8 rent that y:e aclate ?Casher is one of y:e Company of y:e God liffe and was hired
At Bridges and is said to bee a native of ?RoesBrooker. Et alr nesuir

Ad 9 deponit that y:e aclate ?Arrionson was hired at Ostend and served in the sd
Shipp about 3 monthes before y:e said seizure. Et alr nesuit

Ad 10 deponit y:t y :e aclate Claes Brookehhosen is stiersman of y:e Godliffe and
Lives at and is a burger of Bridges and a subiect of y:e King of ffrance
Et alr nesuit

Ad 11 deponit that The aclate Mary Bashee came as a passenger in y:e sd shipp
From Nants and was to goe to fflanders. Et alr nesuit

Ad 12 deponit y :t y :e aclate Peter Johnson was also a passenger and came sick aboard
Y:e sd shipp at Nants and paid to XX XXX XXXX A alr nesuit

Ad 13 deponit that y:e aclate George Jacobson is a Dunkirker borne, but hee lived
And liveth in Newport in fflanders, Et Alr nescuit.

Ad 15 deponit that hee well knoweth y:e aclate Lodwick Wittenburgh who has lived
As he supposeth all his time and is a native of Bridge. Et alr nesuit

Ad 16 nescuit salvis predeportis

Ad 17 deponit that hee hath seene y:e sd Boarne and Company beate and abuse y:e
Godliffs Company and kept them in awe and feare and under restraint. Et alr nescuit

Ad 18 deponit that hee hath heard the said Bearne declare that whether y:e Godliffe
And he lading were free or unfree hee would keepe them about fower or five weekes
Before XX could bee cleared. Et alr nesuit

Ad 19 deponit that y:e Godliffe was visited and dismissed by y:e Captaine of y:e Bredah
Upon y:e rusall of y:e papers. Et alr nesuit

Ad 20 dicit predeporta per ?um XX vera

XXXX [His signature]

Repeated cum XXXX XXX
Dr Mills

---

Case: XXXX: Deposition: Johannes ?ffrole, of Wapping

P1100185
f. 133v.

ffirstly et ?Ancher ?cord Hunt produit: X 23:o Januariij 1666 Incta XX

Super allons prodict no: ex part Naut

3. JOHANNES ?FFROLE de Wapping in parisco s:tX MaXXX Matsellon
als White Chappell in CoXX MXXX de Disteller , natXXX
XXXX de sent XXX arle armes agens ?28 ant XX XX XX

Ad primum nescit salvis sunscriptus

Ad 2:x3 et 4. nescuit

Ad 5. 6. et 7. arles deponit that y.e shipp y:e Rosebash aclate capt Hunt

XXXX

---

Case: XXXX: Deposition: Henricus Thurston, of XXX, Côlchester, Essex

P1100186
f. 135r.

XXXX et XXXXX Reeves et alies)
Cheeke Suckly)

Septime ffebruarij 1666 Juxta X
super allone ex parte dict Haberdine et socioram.

Examinatus.

HENRICUS THURSTON de ?Nivenhos prop Colchester in Com Essex Nauta, annos
agens 43 ant XX XXXter testis productus et Juratus dicit et deponit
prXnt seq:r (vizt.)

Ad primum arlum deponit that he well knew y:e aclate shipp the Hester, and too
know her for XXX y:e time of her building which was at Colchester to the time
of her being cast away about three or foure yeers since a boat Whitby as hee
hath bin credibly informed and verily beleeveth. And saith that when y:e said
shipp set forth upon y:e voyage wherein she rundowne which was from
Wivenhoe to Sunderland or Newcastle she was XXXX with her said lading
of reales the summe of ffive hundred pounds at least, sterling mony.
And this deponent saith that was y:e said shipp now in being and in as good
a condiccon as she was litle before or upon her said running downe
this depot would give five hundred and fifty pounds XXXXX for her, and
if hee gave for her six hundred pounds hee saith hee should have an
indifferent good penniworth. The premisses hee deposeth and knoweth to bee
true for that hee has bin a master of a shipp these twenty yeares last
or thereabouts and having gad parts and shares in and bought
and sold many shipps and thereby well skilled in shipping and acquainted
with y:e vallues of them. And saith that after y:e said shipp Hester was gone
from hence upon the voyage wherein she was ran downe as a fore said
this depots brother ?Seth Thurston bought a ?q:r part of y:e said vessell of M:r Giles
Wigener after y:e rate of 500:li sterling for y:e whole shipp. considering the
said shipps stock and disburses of y:e said shipp upon y:e said voyage Et alr nescit

Ad 2 necuit

d 3 nescuit

Ad 4 nescuit not having seene y:e Johns Advantage before or since y:e reparaccons
but once

Et dicit prodeporta sua ista XXXat

HENRY THURSTON [His signature]

Repetit coram Dr Baldwin saXXXXte

Case: Ffrisby & Archer con XXXX: Deposition: Williamus Grainger, of Elmore, Gloucestershire, sailor

ffrisby et Archer con:a XXXeint)
Cheeke Suckly)

Septimo ffebrurarij 1666 Juxta XX
super allone ex parte dicti Hunt

4. WILLIAMUS GRAINGER PAROA de Elmore in Com Gloucesteren Nauta, annes
agens ?fere 30:t testis product et Jurat dictit et

Ad primum et 2 arles deponit that y:e shipp y:e Rosebush aclate was in or about
y:e month of November 1665 aclate at Portsmouth aclate and was there
bound for ffalmouth to take in pilchards to proceede with them to
severall ports and places in y:e Streights where they could meete with y:e
best market, and to returne for England upon a merchandizing voyage
for accompt of English merchants. And that then the said ffrisby and
Archer were in very poore and thinn cloathes for such a voyage
and as hee understood very bare of mony, and at their request and
instance and in compassion and pity as hee conceiveth of their low and meane

---

P1100187
f. 135v.

condiccon the sd M:r Hunt shipped them on board the said shipp to serve in the said
voyage outwards and back for London where the voyage
was to end, And the said Hunt shipped the said ffrisby Carpenter
(although hee was sickly) and y:e said Archer marriner y:e said
voyage. and they the said ffrisby and Archer accordingly ca,e on board
were hired in the fight and knowledge of this deponent who was
mate of y:e said shipp. Et alr nescit not being present at their
hireing or of their promises they made. Nor knoweth what wages,
they were to have.

Ad 3 et 4 deponit that y:e said shipp accordingly proceeded ?to ffalmouth
and tooke in a lading of pilchards there, and went thence to
severall place in the streights and at Civita Vechia tooke in a
lading of Brimstone to bee brought for London for y:e use of his
Majority the King of England. And saith that y:e said ffrisby was
very sickly in the beginning of y:e said voyage and could doe but
little serviice, and the said Archer was shortly after y:e beginning
of y:e said voyage very ill, and soe bare of cloathes that y:e
M:r Henry Hunt did out of pity supply them of which hee knoweth being aboard and going y:e said voyage Et alre. nescit

Ad 5. 6 et 7 arles deponit that y:e said shipp in her course of
proceeding went from Civita Vechia to zant and Zephalonia where
she tooke in Currance, and came thence back to Ligorne touching
at Messina, and while the said shipp was soe at Legorne y:e said
ffrisby and Archer went and staid on shore six or seaven dayes
and nights together drinking and ideling, and
soe neglected their duties aboard and the shipps busines. And
saith that five other of y.e said shipps Company keeping company
with the said ffrisby and Archer the M:r went ashore and as this
deponent hath bin credibly informed went to y:e English Consull
and complained of his said men and of y:e man of y:e house that
harboured them, And saith they they all seaven being some time
kept prisoners three of them came on board and y:e Captaine entertained them
but y:e said ffrisby and Archer, and two others staid behind, and
came not afterwards on board, although they came neere
to y:e waterside as y:e said three persons who returned aboard told
this depo:t and who might have come aboard in y:e said shipps boate
with y:e other three if they had pleased being at liberty, and y:e
shipps boate then ashire And saith that by reason of y:e said ffrisbys
desertion of his said shipp, the said Hunt was forced to hire another
carpenter in his stead, and by reason of y:e disertion of y:e said shipp
by y:e said ffrisby and Archer and y:e other two, (the Cooper and the Gunners mate
who also staid ashore) y:e shipps strength was much abated. Et alr nescit

Ad Interria

Ad primum renat that hee is going in a merch:t man called y:e Merryland XXXX
bound for Barbery and is mate of her, and is worth little, and this depot?s
wife and y:e producent call Cozens which is a ?farrest is not other wife related to him

Ad 2 rendt that while they y:e said ffrisby and Archer while they were onboard and untill their
going ashore at Leghorne. did indifferently well performe their duties
And saith hee ?saiv noe mony padi them. Et alr nescit

Ad 3 nescit.

---

P1100188
f. 136r.

Ad 4_d ?rendit noava proparta sua alr nescit

Ad 5 deponit that y:e said M:r Hunt was y:e meanes by applying as aforesd
to y:e English consull that they the said ffrisby and Archer were sett at
liberty with y:e rest whether their reckoning were paid or noe. And
soe they might also have come onboard aswell as y:e other three
Et alr XXXXX predeporta nescuit

?SSITT GRAINGER [His signature]

Case: XXXX: Deposition: ffrancisens ?DowXX, of Stepney, born in Dublin, Ireland

XXX coram?dmo ?Juditan pXXte
y:e Ar=cani XXXXX
XXXX et Codd con Vander?zipps)
Chester & Suckly)

XXXXXX ffebruary 1666
Super libelle ey parte ?dcorum Brett et Codd

1. FFRANCISENS DOWXX paroa de Stepney als Stebenheath natui in Civitate
Dublinien in Hibernia annos agens 46 et ultro. testis productas et
Juratus dicit et deponit proXX ?seq:r

Adprimamet 2. arles deponit that y:e aclate George Codd a native of
?Wrexford in Ireland and a subiect of his Majesty of England, had and obtained lres
or marque from his majesty of England then at y:e ?Sparr in Germany bearing
date in August 1654, wherby the said Codd was authorized to bee Captaine
of a ffrigatt, or private man of warr, called the Loyall James and to take
such shipps and goods as did then belong to his said Majestys then rebellious subjects
of England and other his dominions, Which Commission this deponent hath seene
and read, and knoweth that y:e same was signed by y.e King of England King Charles
y.e second that now is, having had a Commission also himselfe from his said Majesty
y:e right and lawfull King of England and ?of ?the jis Matyes
Dominions and countryes then usurped from him. Et alr salvis ?XXXX quXXX nescuit

Ad 3 deponit that y:e aclate Capt Codd proceeded to sea having fitted and armed out
his said shipp y:e Loyall James for his said Imployment) by virtue of his said ?Comon
out of of the harbour of Brest in ffreance, and did surprize
and take two English shipps betweene y:e lands End and ?Mounte
buy, the one called the Alice of Topsham of y:e burthen of about
thirty five tonns, whereof one Browne ?Morrys was master, then laden with
oyle and other goods from Mayorca, bound for y:e Port of Topsham, and
belonging to English merchants, and the other the John of Plymouth laden
with salt oyle and other goods bound for Plymouth, and belonging
to merchants of that place. The premisses hee deposeth being resident
sometimes and y:e greater part at Brest X and sometimes at Port Lewis
in ffrance, ad saw y:e privateer y:e Loyall James fitted out upon that designe
and saw y:e XXXXXXX of y:e said two shipps in his Majestys Court
of Admiralty in Brest of which he shall speake more hereafter. Et
alre XXX in subsequen. nescuit.

Ad 4. 5. 6. et 7 arles deponit that there was y:e time aclate peace and
amity betweene the Kings of England and Spaine and their respective
Subjects, And saithh that Martin Clauson Vanderzippe aclate did about the time
aclate sett forth a shipp of warr called y:e Leopaldus Lieven van ?Jore Commander
from XXXX under a Commission obtained of ?my:x King of Spaine for y:e
takeing and surprizeing y:e shipps and goods of y:e enemyes of y:e Crown of
Spaine as hee conceiveth of which shipp y:e said Clauson Vanderzippe was owner, and for
and as such commonly accounted and reputed. And saith that y:e said

---

P1100189
f. 136v.

captain Lieven van Ipre, with his said shipp seized and violently tooke from
y:e said Captaine Codd the said two shipps (although hee had held y:e possession
of them severall dayes together.) and their respective ladinge and
carried the same two Rnglish shipps into Ostend, where there was a publique
sale and vendition of them and their respective ladings made by y:e
said Clauson, and y:e mony or proceeds of y:e said shipps and ladings came
to y:e hands if y:e said Martin Clausib, and was by him or his order ?disposed
And saith that about halfe a yeere XXXX to his best remembrance this depo:t
having bisones of his owne at Pftene spake to y.e aclate Martin Clauson
about the seizures of y:e foresaid two shipps by y:eLeopardus, and the said
Clauson then acknowledged that hee had made sale of two Englishe shipps
and their ladings seized as aforesaid by y:e Leopardus, of which XXX this depo:t
know y:e said Clauson to bee owner or a great part owner, and in which
this deponent afterwards sailed almost three yeers together in the service
and employment of y:e said Vanderzippe. Et alr nescuit.

Ad 8:d. 9:d et 10:d arles deponit Et decit that y.e said Codd upon the said Captaine
of y:e said two English shipps Alice and John, possessed himselfe of y:e said
shipps papers, and did upon y:e ?same and other evidences bring y:e same
to Judgement in his said Majesty's Court of Admiralty in Brest whereof y:e XXXXX
Thomas Holder of y:e sd XXXX was Judge and the said two shipps and their respective ladings were
found to bee good prize and were according by condemned this deponent
being then present at and taking notice of y:e premisses. And saith that
the two sentences annexed were and are as hee verily beleeveth the true
Copies of y:e said sentences of Adjudicaconn or condemnaccon, and knoweth the
same XX bee wholy writtena nd subscribed by Ben: Johnson, then REgister
of y:e said Court of Admiralty. with whose handwriting this deponent is very
well acquainted having often seene him write and received very many ?lres
from him. And saith that it was y:e use and Custome of y:e Court of Admiralty aclate to
condemne all such shipps and ladings as were taken by y:e Kings Com.X aclate XX
sett out by the Captaine or other owners, And soe hee saith y:e aclate shipp y:e
Loyall James was sett fitted and equipped out by y.e said Codd and XX ?Dillex on
behalfe of themselves and y:e rest of y:e owners, And saith that deducting
tenths and fifteenths to y:e King and Duke of Yorke the owner of y:e man of warr
is to have one third part, the Victualler another third part, and y:e Captaine
and Company the other third, of all prizes Et alre referende ?sead Jura
et consuetudines aclate et ?deas sententias et ?contenta in XXXXXquorXXXXXX nescit.

Ad 13 aclos deponit that he knoweth the aclate Captaine Ignatio ?Breth
But cannot depose to y:e Contents of these arles but by hearesay, and by
y:e relaton of others.

Ad 14 arlum deponit that hee hath seene a lre from y:e said Clauson Vanderzippe
to y.e said Capt Brett desireing him to cometo Ostend to treat with him aboaut y:e
dammages done to his y:e said Bretts shipp And soe saw y:e same about three
or fowre yeers since. And beleeveth it to bee in y.e hands of S:r Anthony
?Massry. And the said Brett went over as hee understood, and was then
abused. and returned without any satisffaction and to make and Escape least hee should loose his life ?there. Et alre nescit.

Ad Interria

Ad primum rend:t that hee liveth neere Ratcliffe Crosse in Stepney parish and hath
lived there neere these five yeares last, and come that y:e request of S:r Anthony
de

---

P1100190
f. 137r.

de Massry abd Captaine Dillob was not of y:e said Codd or Bretts shipps Company
and is not to have any share in y:e prizes or money that shall or should bee recovered
by y:e said Codd ag:t and from y.e said Vanderzippe, And is worth as hee conceiveth
ffive hundred pounds XX his debts paid Alr nescit

Ad rend:t that y:e sd Codds Com:on was signed by y:e King that now is Charles y:e 2;d and to his
best remembrance was in lattin, and in parchment, and y:e said Codd had y.e translacon
thereof in English which this rend:t hath read. And hath not bin promised
pr received any thing for his testimony herein. Et alr nescit salvis predeportas

Ad 3 rend:t that he knoweth y:e said Vanderzipp to bee an owner of y:e Leopardus
Interr by his corresponding with him severall yeares before y:e seizure
of y:e two English shipps in question, And by his being imployed by y.e
said Vanderzippe and sailing in the said shipp Leopardus upon the said
Vanderzipps account three yeers together or thereabouts not long after
y:e seizure of the said shipps Alice and John as aforesaid and being
made privy and acquainted with y:e said Vanderzipps concernes in the
said shipp. Which shipp Leopardus was bought by y:e said Vanderzipp XXXX
as this dep:t (who was then there resident) was credibly reported of one
Capt John Daniells and his partners but for what summe hee remembreth
not, Als nescit salvis predeportas.

Ad 4 rend:t that hee was not in Ostend as aforesd at y:e sale of y:e said shipps
and ladings, and soe knoweth not y:e particulers of goods or tackles sold.
saving that one David Mosses, who was a purser of y.e Leopardus at y:e time
of y:e seizure of y:e said two English shipps and was acquainted with and know
of thier fates and of y:e sale of their respective ladings told this depo:t.
that the said shipps and ladings were Exposed to sale by y.e said Vanderzippe
and y:e momeys or preceeds thereof came to y.e said Vanderzipps
hands XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX And saith that y:e said Lieven van?Spre had a
Comon as hee is fully persuaded from y.e King of Spaine. And that y:e said
shipps by vertue thereof were seized and afterwards condemned by
a Court in fflanders
Et alr salvis prodiportis nescit.

Ad 5XXXX salvis predeports. ad quo servefors

FFRANCIS DXXXX [His signature]

Repit coram M:r Petro Land
SXXX pnto Ed:d Browne XXXXX

---

Case: XXXX: Deposition: Adam Magerl, XXXX

P1100191
f. 137v

XXXX XX ?Key and XXXX the XXXXX (XXXX Martins)
Tyson XXXX of XXXX) X con ?Dourke or XXXXX)

Seyto Marty 1666

Super allegaconn aclate ex
parte dictram dourker et XXXX
sat et XXXXX XXXXX annXXX
examiniatis.

I. ADAM MAGERL Dominus XXXXX XXXX a ?Searvant
annos agens 32 ant XXXXXX, testis.

Ad 1. 2. 3. 4.et 5 nescit XXXX XXXXXXXX

Ad 6. 7. 8. 9. et 10 arles et XXXXXX eidem allegationi annexat XXX XXX
arles XXXXXX in ?tempore XXXX exXXXXis XXXXX deponit a diXX
that hee being secretary of Master Lienberg Resident in London
?of this Nation of Sweedden, and privie to his dispatches and XXXX of lres
from abroad, well knoweth the hands of ?Master Apple?baum mentioned
in the said XXth article (who herewith was and is Envoy extraordinary for the
said King at the Hague) and that the first ?schedule was sent
from the said ?Master Applebaum to the said ?heer Resident, and received
by him in due time after the date, and was and is of the and of ?the
Secretary of the said ?Master Applebaum well known to this deponent
and fXXXXd by ?Master Applebaum himselfe. And ?this the said XXXXX
lre or XXXXXX was alsoe XXX from the XXXXXX XXXXXXX subject
to the said Resident touching the said shipp the XXXn, and by him ?duely
received before XXX XXXX of the XX ?shipp, and the XXX XXX XXX such XXXX
now and one XXXXXX of ?Pomeraniafor the said King, and further
that the said then Resident after received the third XXXXX as XXX XXX from the ?said
Martin and ?Joachim ?Dunker, and that the XXXX was by him received in
or about September XXXX and was by their ?dutymann by his order present
to the XXX XXXX in this XXXX, and saith then the XXX was and is a time
XXX of the XXXX in the ?Master had aboard as the time of XXXX
from XX Martin and Joachim Dunker, and received the
?fifth XXXX from the Regents aclate mentioned in the tenth article,
and for the XXX and plXXX of the XXates hee refereth himselfe to
the said XXXX XXXXX, and the XXXXX and shipp XXX
the XXX mentioned in the XXXX Et alr nescit

Ad 11:nd deponit hee hath knowne the said Joachim Dunker
about twelve yeares and so long XXXX was acquainted
and lodged and XXX in the XXX XXXX wth him in the Ministrie of Tubingn (sic)
in Germany, for about two yeares XXXX, and then hee was accompted
a ?Stralsunder ?vizt a native of Stralsund in Pomerania in the
dominion of the King of Sweden, and he and his ?said XXXX are
accompted Burgers of Stralsund and subiects of the said King, alr nescit

Ad 12 hee the said master was and is alsoe accompted of Stralsunden, and
subiect of the said King, and referrs himselfe to the saod alr ?aforesd

XXXX XXXXXX [His signature]

XXXXX

---

Case: XXXX: Deposition: Martinnus Tyson, of Stralsund, Pomerania

P1100192
p. 138r.

2. MARTINNUS TYSON ffock de Baxx prope Stralseunden
in Pomerania, Navarrtus distr navis XX liefde, annos natus
49 aut du rXXXXX testis.

Ad primum 2. 3. 4. et arles dicte allegaconis deponit that the said ship shipe was
provided of tackle, apparell, rigging and furniture at the proper costs and
XXXXX of Joachim Dunker and Martin Dunker, who dwell in Stralsund
in Pomerania in the Dominions of the King of Sweden, and were and are
XXXXX of 15 sixteenth parts of hee and this deponent owner of the other
sixteenth XXXX and master of wth said provisions and furniture XXXX t?tym
in and cost them 7500 gilders, wch hee knoweth for ?that hee this deponent
is XXXX of himselfe and the said other owner disbursed and paid the moneys
to workman and materiall men; After wch fitting and furnishing this dep:t
and company of mariners set saile and departed with all in ballast from
Amsterdam (whether hee was brought from XXXdam) in or about the beginning
of September last for XXXXXX in Norway to lade deales for the said owner
XXXX accompt for Cadiz in Spaine, and in about the end of the said month
of September they arrived at SwXXXXX, where this deponent wth the proper
XXXges of the said Dunskins and of himselfe owners aforesaid bought and
laded about 5500 deales, and yyyy masinXXX for the said owners average, and
after ?wch lading namely at or about the eigth of October last, this
deponent and company of mariners departed with the said shipp and lading
from XXXand and steered course for Cadiz aforesaid with
XXXX there XXXX of XX the said ?serges for accompt aforesaid, XXX
coming off the coast of Brittany they were by storme and tempestuous
weather, ?forced tym the said coast and to goe into S:t Maloe on or
about the twentieth of November last, where being he arrived, and the
winde XXXXX XXXX for Cadiz and this deponent finding a good
XXX did in S:t Maloe sell the said cargo of deales and XXXX for the
XXXX and accompt of himselfe and of his said two partners owners aforesaid,
and wth ?part of the XXXX thereof this deponent with the assistance of
Peter ?Pallint aclate bought them andladed abord XX for their owne accompt
six butts of oile and about 96 XXXX or yarnes of XXXXX under the make
in the margin: And saith that hee make use of the name of the said Pallint
in his bills of lading as laden of said goods to XXX and that if hee their
XXXXX didd in the XX XXX his partners and relations XXXX know to whom
XXXX reason charging the cost and what abt XXXXX the buying and lading,
and for the XXX XXX of this deponents XXXXX of death, they were
XXXX to the aclate Abryam von SyXXXXX or bridges, but
if XXX XXX hee intended (vt dictit) to XXXXX and sell them himselfe. And
XXXX XXXXXX XXX XXXXX XXX in the bill of lading for XXX XXX XXXX
XXX hym and for the said manner XXX XXXX appeal. Et alre nescit

Ad 6. 7. 8. 9 et 10 arles et XXXX XXXXX XXXX deponit that
he XXXXX the XXXX ?schedule to XX XXX
and XXXXX Applebaum and the subjects XXXX Master Appelboome marchant, and
XXXX

---

P1100193
f. 138v.

---

P1100194
f. 139r.

---

P1100195
f. 139v.

---

P1100196
f. 140r.

19:o die January 1666

MICHAEL NEIBURGH de LaXXX Nauta

---

P1100197
f. 140v.

Ad 10:nd That this rend:t, a little before seizure was about three
or foure yeares East from Downes

---

P1100198
f. 141r.

---

P1100199
f. 141v.

---

P1100200
f. 142r.

JOHES BOREMAN de East
Greenwich in Com Canty ?Generalis
annos agens 31 XXXXXX
XXXXX

Ad primum aclum deponit that for divers monthes last oast hee
hath bin and still it often was & XXXXX betweenen the majority of
England and y:e United Provinces y:e ffrench
King and King of Denmark, and this was & is true & commonly
knowne to be so, et alr nescit

The 2:nd aclum deponit That
the
beginning of the war betweene XXXXXXXXX of
England and the Ud States & ffrench King & King of Denmark
respectively, but subjects of England did grant Letters patents
under the great seale of ?Scotland XXXX power thereby to his right

---

P1100201
f. 142v.

---

P1100202
f. 143r.

TROULS NEILSON de ?Larwick in Norway
Nauta XXX XX due navis y:e S:t Jacon de
Larwick, annos agens 29 aut nrter duit et
deponit prout seq:r virt.

XXXX
That hee the depo:t well ?knoweth the ship S:t Jacob now in controversy
and was M:r of her for about foure yeeres before her seizure
hereunder mentioned and saith, that during all that time she hath of
his knowledge bin imployed to bring Deales and great timber, spars & balkes
from Norway to XXXX on the account and XXX of the producent M:r
Edward ?Suny (commonly called Alderman XXXX) and M:r Edward Lee Deale
Merchant of London, and saith that in March last the said M:r?Lucy & M:r
Lee did by XXXXX the sd M:r Leeds servant their in
Norway but since come to London lade on board the sd ship S:t Jacob at
Larwick in Norway, about five or six XXXX XX of Timber ?ten
thousand and XX hundreds of Deales and about five or six hundred of small
balkes and about three hundred of sparrs and about forty XXXX of XXX
woods to be brought in the sd shipp from Larwick directly to this Port
of London

---

---

---