MRP: HCA13/71

HCA13/71

Editorial history

16/12/11, CSG: Created page

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Cooke and Johnson ag:st Batson

Context

Richard Batson was a citizen and cutler of London. In the late 1640s he became involved in Barbados through the purchase of plantation land for the cultivation of sugar. His nephews, Thomas and Henry Batson, sons of his brother William, served as his factors on the island. His name appears as a prominent Barbados planter in several documents in the early 1660s.

The case in April 1656 before the High Court of Admiralty concerned the loss of a cargo of 45 horses to be carried by ship from Norway to Barbados for Richard Batson & Company. One of the deponents, the merchant William Tickell, is identified in a separate legal document, dated 1660, as one of Richard Batson's two attorneys on the island.

Richard Batson was involved with East Indies trade as well as with the West Indies. In 1649 his name was included on a letter addressed to the Governor and Committees for the Fourth Joint Stock. The complete list of names was: "John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont"

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[Image P1090001]
[f. 167v.]

Cooke and Johnson ag:st Batson.
Smith Clements
?Ry.

The four and twentyeth day of Aprill 1656
Examined upon an accon on y:e behalfe of y:e sayd Batson
WILLIAM TICKELL of Birchen Lane London merchant aged
forty three yeares or thereabouts, a witness sworne and
examined saith and deposeth as followeth ?vizt

To the first Arle of the sayd Accon, This deponent saith that he went
as merchant in the shipp Tankervale Robert Cooke ma:r the last
voyage she made which was fron this port of London to Norway
and there to take in horses; and was from hence to have gone to y:e Barbados
and so back agayne to this port. And knowth that the sayd
Robert

[Image P1090002]
[f. 168r.]

Cooke had order from his Imployers to hire and agree with Mariners
for y:e sayd voyage to receyve their wages att y:e barbadoes in
Muscavadoe sugars att the rate of four pence p pound. And he
knoweth y:t the sayd James Cooke and Johnson were two of y:e Mariners
hired for that voyage, and he this deponent did sevearall tymes
heare them y:e sayd Cooke and Johnson say and acknowledge that they
were so hired and had so agreed, that is to say that they had
contracted and agreed that what wages should be due to them for
their service in the sayd shipp and voyage they were to receave y.e
same att y:e Barbados in Muscavadoe sugar att y:e rate of
four pence per pound. And y.e like he heard, the sayd Robert
Cooke y:e Ma:r severall tymes say and affirme, and also that the most
of the Mariners had signed to a written Agreement to that purpose
and having now veiwed and perused the paticular to y:e sayd accon
annexed he doth beleive by the names and markes of y.e Mariners
att y:e foot thereof especially by the name of William Jeffery
who was one of the mates the sayd voyage (whose handwriting he is well
acquainted with, and is well assured that he did subscribe his sayd
name thereto as now it appeareth) that y:e says schedule was and
is the originall written Agreement, touching the p:rmisses. And
otherwise hee saith he cannot depose

To y:e second arle of y.e sayd accon This deponent saith That att y:e sayd shipps
arrivall in Norway the sayd Batsons and Companies facto:r here did
putt on board the sayd shipp forty five horses or thereabouts for their
use and accompt, to be carryed and transported from thence to the
Barbadoes And y:e sayd James Cooke and Maynard Johnson as matee
and Boatswayne were by their plans to looke unto and have
care of the stowage thereof, and to see that y:e stanchions in which
they were to be placed were strong and good. And they had and
were provided of such materialls for that purpose as they sayd were
good and sufficicient, and theire was enough of CHECK ither boards spanns
and materialls to have made the sayd stanchions more strong and
they might have had them if they had pleased of y:e certayne knowledge
of this deponent who was then gone as merchant of y:e sayd shipp
and had provided such materialls as were strong and sufficient
and they y:e sayd James Cooke, and Maynard and y:e rest of the
Mariners concerned in y:e stowing of the sayd horses did refuse to
make use of them, saying that such as they had was sufficient. And
otherwise he cannot depose

To y:e third arle of y:e sayd accon This deponent saith that the sayd horses
being so putt on board, the sayd shipp Tankervale putt out to sea
and soone after upon the shippes working, the stanchions in which
the sayd horses were placed did breake downe in regard they
were too weake, and the sayd horses by reason of such bad stowage
fell

[Image P1090003]
[f. 168v.]

fell one upon another, and thereby one killed another and all of
them dyed except one horse and y.e sayd Cooke and Company
in stead of goeing with the sayd shipp to y:e Barbadoes brought
her to Newcastle, of all which this deponent was an eye witnesse
and believeth that they so came to Newcastle without the order
of the sayd Richard Batson or any other of the Owners of y:e sayd shipp. And otherwise he cannot depose

To y:e fourth arle This deponent saith that upon y:e sayd shipps comong
to newcastle there was advertisement given to y.e sayd Batson
and Company of the sayd shipp being there and of y:e losses
of y:e sayd horses whereupon this deponent afterwards received
a lre from y:e sd Batson & Company directed to him this
deponent and y.e sayd Robert Cooke wherein they ordered y:e
sayd shipp to come about to y:e XXope in this River of Thames
there to be fitted with sich things as she needed for her
voyage to y:e Barbadoes to to that effect

To y:e fifth arle hee saith he cannot depose not being aboard y:e says
shipp when y.e sayd James Cooke and y:e s:d Maynard were imprest

To y:e sixth arle of y:e sayd accon he saith hee cannot depose, being not
well acquainted with y,e worke and duty of Mariners att sea

To y:e seventh arle of y:e sayd accon This deponent saith that for
the reasons aforesayd he knoweth it to bee true, that the onely
cause of the losse of all y.e horses was because the
stanchions were not made strong as they ought to have
bene, and as they might have bene had they when the stowage
did concerne made use of the sparrs which this deponent had
provided for that purpose, which hee saith were strong and
good: And he is well assured that in case the sayd stanchions
had bene made as they ought and might have bene the
sayd horses had been p:rserved. And further hee saith that the
care and lookeing to y:e making of y:e s:d stanchions did
proply belong to y:e sayd James Cooke and Maynard Johnson
as mate and Boatswayne, which hee knoweth by the observation
he hath made of the dutyes of Mates and Boatswaynes in y:e
like case, for many years that he hath used y:e sea as a merchant
And otherwise hee cannot depose

To y:e 8:th arle of y:e s.d accon This deponent saith that y.e sayd Batson
and Company by reason of the losse of the sayd horses have suffered
dammage to y:e balue of fifteene hundred pounds stocke att the
Least And so much the sayd horses so lost would have yeilded
and given in case they had come safe to y:e Barbadoes, which
he deposeth upon his knowledge in that trade, having used the
trade

[Image P1090004]
[f. 169r.]

y:e trade of the Barbadoes with horses and other merchandises for
this ten yeares past and having cast upp the price of y.e sayd
horses so lost with y:e usuall gayne made of like horses att y:e Barbadoes
findeth that y:e same would have yeilded att y:e usuall rate the syd
summe of fifteen hundred pounds sticke and upwards. And otherwise
he cannot depose

To y.e nynth arle hee saith that y:e sayd James Cooke att y:e tyme of his
hiring into y:e sayd shipp was but a young man about twenty yeares
of age, and in this deponents Judgment had not exoerience
and moral (Or, "merit") sufficent to be of a shipp for such a voyage as
was intended. And saith that he y:e sd James was and is by common
repute the sonne of the sd Robert Cooke Ma:r of y:e sayd shipp
and was hired by his sayd father to serve in her. And further
he cannot depose

[SIGNED] WILLIAM TICKELL

The same day Examined upon y:e sayd accon
WILLIAM LOWE a planter & inhabitant of y:e Barbados one of y:e Caribee Islands
aged forty years of thereabouts a witnesse sworne and
examined sauth as followeth. vizt.

To y:e first artle of the sayd accon and to y:e schedule therto annexed now
showne him hee saith and deposeth That being a planter in y:e sayd Island
of Barbados whither hee was to returne from England hee putt
himselfe as a passenger on board y:e sayd shipp Tankervale Robert
Cooke Ma:r which was designed to goe from this port to Norway
and hence to take in horses and so to goe to y:e Barbadoes and
from hence to returne for England, and by this meanes came to
heare and know that all or most of y:e mariners belonging to y:e
sd shipp and pticularly the sayd James Cooke and Maynard Johnson
were to have their wages payd att y:e Barbadoes in Muscavadoes
Sugars att y:e rate of four pence p pound; to which purpose hee did
severall tymes see the foresayd schedule in y:e hands of y:e sayd
Robert Cooke and heard him read y:e same to his Mariners and heard
them acknowledge that they had subscribed it as now is to be seene
and that they had agreed and contractedas therein is conteyned. And
otherwise hee cannot depose.

To y:e second and third artes of y:e sayd accon, This deponent saith that upon
y:e arrivall of y:e sayd shipp att Norway there were putt on board her
for y:e sayd Richard Batson and Companies Accompt by their facto:r
there forty five horses to be from thence transcported to y:e Barbadoes
and the stowing of y:e sayd horses did belong to y.e Mariners of y:e sayd
shipp, and the making of y:e sanchions for that purpose as to thee
?care of the worke that they should be stronge and sufficient did belong
to y:e sayd James Cooke and Maynard Johnson as mate and Boatswayne
And

[Image P1090005]
[f. 169v.]

And there was materialls sufficient to have made y:e sayd stanchions strong
enough in case there would have made use of them. But he
saith the sayd stancheons were made too weake and insufficeint
the indeed so weake that soone after y:e sd shipp was hone to sea with
sayd horses by reason of such bad stowage fell one upon another
and so one killed another and all of them dyed one horse
onely excepted. all which hee knoweth for that he was a passenger
and heard his ?p:rcontest William Tickell offer y:e Master and
Mariners of y:e sayd shipp strong and good sparrs which hee
had provided some whereof hee brought aboard, for y:e making
saying the stanchions, but they refused the same
saying the stanchions they had made were strong enough, or to
that purpose. And saith that y:e sd Master and Company did,
not proceed on to y:e Barbadoes but came to Newcastle, which
as this deponent hath heard and beleives, was without order
of his Owners. And otherwise he cannot depose.

To y:e fourth arle hee saith that y:e sd Owners being M:r Batson &
Company (as by letters which he hath seene he came to know) having
notice of y:t y:e sd horses were lost and sayd shipp XXXXXX some
such and was come to Newastle, ordered her to come into this
River of Thames neer to Gravesend there to be supplyed of what
she wanted and so to proceed on her sayd intended voyage. And
otherwise he cannot depose.

To y:e fifth artle of y:e sd accon he saith It is not usuall to impress the
mates or Boatswaynes of any shipp being upon a voyage and
in case and such be prest it is isuall upon their makeing knowne
their imployment to release them and accordingly he saw that
y:e sayd James Cooke and Maynard Johnson having bene once prest
were released probably upon their making knowne their offices
on boarding y:e sd shipp. And further he cannot depose not being
on board when y:e sd persons were last pressed, and submitted XXXX
without returning to their respective imployments on board y:e
sd shipp

To y:e 6:th arle of y:e sayd accon hee saith that y:e says Maynard Johnson
did behave himselfe stubbornely and peversely on board y:e sayd
shipp not onely neglecting and refusing to obey y:e Masters Commands
but discouraging his fellows in their dutyes, and pticulaly saith
that when y:e sd shipp lay att Newcastle he hearde y:e Master
call to him y:e sd Johnson to call upp y:e Company to assist att y:e
removing of a ??playne for y:e Carpenters who were there doeing some
reparis to y:e sayd shipp, and heard y:e sd Johnson resused to
call them, and heard him allso say, that y:e Mariners were XXX
if they gave their aXX XXXXX or to that purpose. And further he
cannot depose

[Image P1090006]
[f. 170r.]

To y:e seventh arle hee saith taht y:e losse of y:e sayd horses was caused by
and through the weaknes and insufficciency of the sayd stanchions w:ch
were not made so strong and sufficient as they ought to have
beene, as this deponent for y:r reasons aforesayd knowth they
might have bene; and that y:e oversight or care of making y:e
sayde stanchions strong did proply belong to y:e sd James Cooke as
mate and sayd Johnson as Boatswayne. And hee doth verily beleive
ought and might have bene y:e sayd horses had not perished, but had
bene p:served. And otherwise he cannot depose.

To y:e 9:th arle of y;e sayd accon, This deponent saith he dothe verily
beleive by what he hath seene and observed being a planter in
the Barbadoes as aforsd that the sayd horses so lost in case they
had come safe to y:e Barbadoes would have ?reached a thousand
pounds sterling. And that y:e sayd Batson and Company over
and besides what might have bene made of y:e sayd horses have
sufficient losse and dammage to the meanes aforesd to a goad value, but how much in
certayne he cannott sett forth. And
otherwise he cannot depose

The same day Examined upon y:e accon
NICHOLAS HAMMOND of S:t Michaels Cornhill London Barber
Chirurgion of and belonging to y:e sayd shipp Tankerviale
aged thirty yeares or thereabouts a witnesse sworne and
examined deposeth and saith as followeth, vizt.

To y:e first acle of y:e sayd accon, This deponent saith That y:e sayd shipp the
Tankervale Robert Cooke Ma:r was imployed by the sayd Richard Batson
and Company upon a voyage from this port to Gottenburron in Norway
there to take in horses and then to transport them to y:e Barbados
and so to returne for England which he knoweth for that hee was shipped
as Barber Chirugion on board y:e sd shipp for that voyage. And
he severall tymes heard y:e Mariners of y:e sayd shipp and the
sayd James Cooke and Maynard Johnson in pticular say and affirme
that they were hired and had agreed to receive their wages for y:e
sayd voyage att y:e Barbadoes in Muscavadoe sugars att y:e rate
of four pence p pound, and that y:e sayd agreement was drawne up
in writing to which most of y:e sd Mariners had sett their names, and
he

[P1090007]
[p. 170v.]

he y:e sayd Johnson sayd he had sett his marke to y:s same. And he
beleived y:t y:e schedule to y:e accon annexed and now shewne him
is the sayd written Agreem:t CHECK LINE LENGTH
that y:e sayd Cap:t Ma:r robert Cooke shewd y:e s:d schedule to this depon:t and sayd it was y:e sd Ag

To y:e second arta of y:e says accon hee saith That y:e y:e sayd shipp in proYYYY
tion of y:e sayd voyage arrived safely att Gottenburgh, and
there y:e sd Batson and Companies factors did for there Accompt
putt on board y:e sayd shipp about forty five horses to be from
thence transported to y:e Barbadoes, which he knoweth seeing
the sayd horses so putt on board. And saith that y:e care for
stowage and providing and making sufficient stancheons to place
y:e sayd horses did belong to y:e sayd James Cooke as mate and
Maynard Johnson as Boatswayne of y:e sayd shipp; And he
saith that there were boards and materialls enough to have made
the sayd stanchions strong and sufficient and they might have had
the same for that and in case they had pleases, which he knoweth
for that he heard one of y:e sd Batsons and Companies Agents
offer them such materialls of all sorts as were fitt and sufficient
Andotherwise hecannot depose

To y:e third arte of y:esayd accon This deponent saith That within a small
tyme after y:e sayd shipp was putt out to sea from Gottenburgh
with y:e sayd horses, the stanchions in which they were placed did
all or most of them breake, being made as then appeared too weake
and thereupon upon the working and rolling of y:e sayd shipp
in y:e sea the sayd horses fell one upon another and beat and
killed one another so as all of them dyed and were left, one onely
excepted, which hee knowteh to be true being then on board the
sayd shipp in y:e quality aforesayd. And afterwards y:e sayd Cooke
y:e Ma:r and Company brought y:e sayd shipp to Newcastle leaving
the direct course for y:e barbadoes without y:e order or knowledge
of y:e sd batson and Company as hee beleiveth . And otherwise
hee cannot depose

To y:e 4:th arte he saith y:t whilst y:e sd shipp lay att Newcastle notice
was given to y:e sd Batson & Company of y:e losse of y:e sd horses
and order came from them to bring y:e sd shipp into this River
neer to Gravesend. And otherwise cannot depose.

To the 5:th arte hee saith after y:e sayd shipp came into this River
the sayd James Cooke and Maynard Johnson were im prested into y;e
service of y:e Commonwealth and y:e sayd Johnson as seemed to this
deponent and as he beleiveth did like well thereof and used
noe meanes to be freed from y:e service, which he concyveth hee might
have bene if he had made knowne to y:m that pressed him that
he was BoaTswayne of the sayd shipp and that he was upon
a voyage, it being usuall for such to be freed in that case, And
saith y:et both y:e sg James Cooke and Johnson had bene formerly
prest and gott both off agayne upon making knowne ther
quality and imployment on board y:e Tankervale which he
knoweth being on board y:e sayd shipp att both y:e sd tymes of impresting
And otherwise cannot depose

[Image P1090008]
[p. 171r.]

To y:e 6:th arte of y:e sayd Accon he saith, that y:e sayd Maynard Johnson
did severall tymes carry himselfe untowardly and ?disrespectively to y.e
Ma:r of y:e sayd shipp ?whilst he continued XXXX the sayd voyage
and more pticulaly once in a certayne storme that befell the sayd
shipp in which y:e sd ma:r calling him upp, he in this deponents
hearing refused to come upp and swore he would not come And anot
her tyme att Newcastle where y:e sd Master bidding him to call
upp y:e Company to assist y:e Carpenters in removing their ?stayes,
sayd it was not worke belong to y:e Mariners, and that they were
fooles if they gave assistance: And y:e sd Master then bidding him
to give his helping hand he the sayd Johnson swore he would not
the deponent being p:rsent. And the truth is he the sd Johnson was
much given to, and did often use swearing and cursing on board
y:e sayd shipp. And otherwise he cannot depose.

To y:e seventh arte he saith , that he doth verily beleive that in case
y:e sayd stanchions had bene strong enough as they ought and might
have bene the sayd horses had not bene lost, but had bene p:rserved
for he saith y:e sayd stanchions were made onely of deale board
whereas y:e sd Robert Cooke and the Mariners upon y:e stowage did
concerne might have had ?backs and spars to have made them
strong and sufficeint if they had pleased y:e same being in this
deponents hearing offered them att Gotenburgh aforesd so as
in this deponents judgments the weaknes of y:e sd stanchions (of
the making whereof y:e sayd James Cooke and Maynard Johnson
should have had care as mate and Boatswayne) was y:e cause
of the losse of the sd horses in manner as aforesd. And otherwise
he cannot depose.

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George Robinson

Abstract & context

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George Robinson: deposition of Martin Noell

[IMAGE P10900016]
f[. 214r.]

The 4:th of June 1656
Examined upon the ?forssd accon

MARTIN NOEL of London Marchant aged 42 yeares or
thereabouts swirne and examined.

To the first article hee saith that the aclate George Robinson is his
this deponents XXXXX but permitted by this deponent to trade for
himselfe, and to make use of this deponents correspondent ?Korne
?Parnen of Rotterdam, and with the =sd Kornis is now XXXX XXXXXX
a Dutchman XXXX and a ???Xatiect of the States of the United Netherlands
and ?who an Iynhabitant of Rotterdam, from ?hymm this deponent
frequently receiveth ?lres from him in ?the XXX of XXXXXX

To the second and third and foirth arles XXXX that the sd George
Robinson being this deponents ??covenanted XXXX, and XXX ?noe XXX to
trade for himselfe with this deponents permission, had in or about
October ??last told this deponent that hee had a desire to XXXX
a ??Rigg X Rotterdam to goe for ??Spania to lade or ?anchor and XXXXXX
for his XX ?fright owne accompt and desired this deponent
?came XXXX, wch this deponent ?promised, and was acquainted with
his writing to the sd XXX PXXXX about this his affXXXXXX
and with the answer of the sd ?Roons and his signifying that XX
and frewighted or XXXX called the ??AnneXX of ??Bruke for his said
voyage upon ?account of this said Robinson and company. And this
deponent hath bin after informed that the said shipp came to the
XXXrs and tooke in the said oranges and lemmons upon the said
account, to be brought into the downes, XXX was to depart (Or, await)
further order from M:r Robinson. And further he cannot depose

To the fifth XXXXXX that M:r Robinson
XX to the XXXXX, and XXX between w:th have XXX
And otherwise hee cannot depose

To the 6:th XXXX hee is very well assured that the oranges
and lemmons and ?corke in question are truely and really belonging
to the said George Robinson and company, and XXXXXX for them
and that they can XX hazard thereof, and XXX cork is XX XXX
or claim upon XXX in her businesses, but that they are the bery
XXXX of this said XXX

To the 7:th and 8:th and ??Schedules annexed and w:ch then have
XXXX XXXX very many lres from the said KXXX PaXXX, and
cXXXX were perused the XXX lres and bill annexed XXX
beleeveth the ?said XXXXX to be written and subscribed and the
XXX bill of exchange to be subscribed by the said RXXX PXXXX, and
XXXX thereof to be XXX. And otherwise hee cannot depose.

To the 9:th and 10:th XXXX XXX all hath of XXX and beleveth
XXX the said XXX in XXX masse frXXX Spania for the
`XXXX with the said XXX abord hee was XXX XXX shipp of
this commonwealth. And otherwise he cannot depose

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To the ??Interr

[12 further lines which I have not transcribed]

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Alderman Riccard & others touching the shipp the Love

Abstract & context

Legal disputes over the voyage of the Love from Sumatra to London were lengthy. The voyage is mentioned in EFI, 1655-1660.

"The Love, from Sillebar and Bantam, originally intended for Leghorn, had reached London only two-thirds laden, owing to the death of her commander, Elias Jourdain, and thirty-two of her crew. The Spaniards had proclaimed war against ..."

Deponents:

Robert Tindall, mariner, commander of the Love
Thomas Newman of Mile-end, chirugion

Names mentioned:

Elias Jourdaine, commander of the Love

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[Image P10900019]
[f. 242r.]

The ?12th (or 17th) of June 1656

ROBERT TINDALL of the parish of
All Hallowes Barking London
Mariner, aged 48 yeares or thereabouts
sworne before the right hon:le John
Godolphin doctor of lawes one of the Judges of
the High Court of the Admiraltie and examined
upon certaine Interries as witness on the behalfe
of the said Alderman Ricard and others saith as followeth

To the first Interrogatorie hee saith hee well knoweth the said shipp
the Love and was commander of her in her late homewards voyage from
the South Seas, and went out in her from this port thither in w:ch going
out this deponent was master of her. And saith that the lading of
pepper, was ?there tooke in at ?Andropare in the Iland of Summatra
was ?therebie carried to Ligorne and ?therebie delivered,
whither ?ther and ordered by the sd Alderman Riccard and the rest of ?her
Imployers (before and ?upon XXX onre course) to goe and deliver her lading
then XXXXX being from the South Sea, w:ch hee knoweth being
acquainted with the said order and commission, w:ch was given in writing
and w:ch this deponent hath in his custodie, and nowe ?leaveth for the
further satisffaccon of this court and all other have may be therein XXXX

To the second article hee saith that there were one XXXX in the said shipp the
said voyage ninetie five mariners (men and boyes) whereof XXX XXX
three and thirtie died in the voyage, and many of the rest were very
many ?infeebled with sicknesse, and amongst those that died XXX XXX
that Captaine Jourdain (who were XXX commander of XXX) was XXX
who and with departed this life about two dayes after her ?setting XXXX
from Androyone aforesaid to retourne and goe to Ligorne, to w:ch place
and which in was (voyage said departure from Sumatra) fully
determined and XXXX to the said Captaine and this deponent and the
rest

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I have failed to image Image [f. 242v.]

NEW PAGE

[f. 243r.]

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[Image P10900022]
[f. 273r.]

On the behalfe of the foresaid Alderman
Riccard and comp touching XXXX

The 16:th of June 1656

William Cowne of the parish of S:t MatXXX
London Mariner aged 24 years or
thereabouts sworne and examined upon the
foresaid Interries

To the first second and third Interrogatories hee saith and deposeth that hee well knew
and was purser and Masters Mate of the shipp the Love interrogated
in an late voyage to and from the Island of Sumatra on the coast of East India,
for w:ch Iland hee saith there went out and proceeded from this port
about eighteene monethes ?time, and ariving there about this time
XXXX moneth (under the conduct of Captain Elias Jourdaine) there tyme
tooke in an lading of pepper, and having taken XX tyme in, departed ?then
to returne for the straights mouth, and XX ??trye for Ligorne to deliver the
?same, according to the order and Instructions given by Alderman Riccard
and the rest of her imployers to the said Captaine, XX XXX XXX
this Captaine ??imported to his officers (of w:ch this deponent was one) in the
said voyage, and this deponent having ???never seene the Commission or
Instructions, left by this witness Robert Tindall well knoweth them
to be XXXX true that the said Captaine Jourdain should XXX depXXX and
XXXX of the officers in the said voyage. And which then after the
said shipp had taken in XX this lading of pepper and was departed
XXXwith for Ligorne the said Captaine Jourdain about two dayes after
her departure, died, and that the said Will Tindall became
commander of her in his place and XXth thereof of her XXXX XXX
very ??surviving XXXX her for her stoXXXX XXX, before w:ch time
of XXXing to the XXXX month XXX XXX that time and two and thirtie
of the company (besides the Captaine) were dead, and those then XXXX
living were many of them XX infeebled with sicknesse than XX were XX
able to give any assistance towards the ??relief of the shipp and most of
the rest now sick and weake, having bin in a very intemperate
climate to take in that lading, and besides XXX XXX in their
retourne XXX and with very fowle and stormy weather XX XXXX
the said shipp was ?become very leaking, XX XXXX till XXXX the
weaknesse and ?inabilitie of the ?many, and the leakinesse of
the shipp, that XXXXXXXXXXXXX found XXX there was noe possibilitie to ?runn her
to Ligorne, without extreme hazard of ??losing her and her lading,
but a necessitie of ?coming for ?England with her; and saith withall
that the difficultie was XXXXX for that the winde was then contrary
to that going into the straights XXXX. And ?saith that the said
Jourdain before he died, and the said Tindall and officers after his death
alwaies determined to carry the said shipp and lading for Ligorne, and
soe they acquainted the company, and they were unanimous in their
determination, till they found they truly could not doe XXX at XXX XXX
vertue of his oath than they could by reason of the promisses
given and extreme danger of the losse of the shipp and
lading, and XXXX XXX XXX XXXXXXXXXXX when had any
XXX from their said Imployers master, to XXXX from XXX XXX

NEW PAGE: I DID NOT IMAGE THE NEXT PAGE

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Captain James Barker of the Vine and dispute with chief mate

[IMAGE P1090023]
[f. 307v.]

The 10:th of July 1656

Informacons given by Captaine James Barker
Master of the shipp the Vine of London touching
certaine Misdemeanors committed by John May
his Mate of the sayd shipp in a voyage therein
to the East Indies

1. EDWARD CARR of Westow in the County
of Durham Mariner at first a common mariner & afterwards Boatswaines Mate of
the sayd shipp the Vine aged twenty one
yeares or thereabouts a witness sworne before
the right Wor:ll John Godolphin doctor of Laws
and of the Judges of the high Court of Admiralty
saith and deposeth

That the said James Barker the Master of the sayd shipp the Vine
being bound upon a voyage w:th the sayd shipp to the East Indies
while the sayd shipp was in her outward bound voyage thither theire
happened some differences betwixt the sayd Master and John
his Mate and saith the said Mate being discontented did speake to this
deponent (hee being his turne to goe upon the deck to keepe watch) and desyre him
that hee would take part with him the sayd May and goe upon the
forecastle of the sayd shipp to take part with him in case the sayd
Master should endeavour to yniflict any punishment upon him the
sayd May touching the differences which had happened betweene them
or hee the sayd May spake words to the like effect to this dep:t upon or
about the sixth of June 1655 whereto this deponent answered
& sayd to the sayd May that hee would take his part in a Civill XXX
And saith hee this deponent thereupon went upon the forecastle
where this deponent found divers others of the sayd shippes
Company, and some hand spikes lying by them on the forecastle
And hee further declareth that the sayd May continuing ?say this
discontent

[IMAGE P1090024]
[f. 303r.]

discontent against the sayd Master did afterwards in the sayd
shipps outwards voyage speake to this deponent and tell him that hee
the sayd May would upon hee arrived in India buy a Junke and
goe on hence & leave the sayd shipp and persuaded this deponent
to goe a longe with him the sayd May and this deponent ?thereto replyed
if I forsake the shipp how shall I get my wages whereunto the sayed
May answered if yo:w will goe along with mee I will use a meanes
that yo:w shall not neede to feare getting yo:r wages or the sayd May
used words to the very same effect the p:rmisses hee deposeth for the
reasons aforesayd and saith that the paper showed unto him at
this his examinaccon & beginning ?then, On board the Vine
July the 27:th 1655 (soe farr as ?concerneth him this deponent) was
and is true and was & is subscribed by him this deponent with his
owne hand writeing And further hee cannot depose

EDWARD CARRE [his signature]

The same day

2. DANIELL HARMAN of Lymehouse in the prish
of Stepney and County of Midd Mariner at first Quarter
Master & since Boatswaine of the shipp the Vine of London
aged thirty seaven yeares or thereabouts a witness
sworne & examined saith and deposeth

That James Barker the Master of the shipp the Vine being bound with
the sayd shipp upon a voyage to the East Indies, in the sayd shipps out
ward bound voyage there happened some differences and discention
betweene the sayd Barker the Master, and John May his cheife Mate
and Pylott, which first arose (as this deponent hath heard and beleeveth)
for that the sayd May did demande a greater or further allowance of
wine & victualls in behalfe of the sayd shipps company hee was
allowed of by the sayd Master, and alsoe about the Master takeing from
him the sayd May a Compasse called an Assineth Compasse, And this deponent
heard the sayd Master demand of the sayd May the said Assneth Compasse
and sayd if yo:w (meaning the sayd May) will not observe in it, or make
use of it yo:r selfe, lett mee make use of it, whereto the sayd May answerd
& sayd the compasse was his, and hee would keepe it, or words to that
effect & the master being thereat offended and ?desyrene to make use of
the sayd compasse commanded John Swinburne his boatswaine upon
perill of looseing his wages to take the sayd compasse out of the sayd
Mayes cabbin & give or bring it to him the sayd Master, and the sayd
May thereupon speakeing to the said Boatswaine, charged him that upon
perill of looseing tenn tymes more than his wages, hee should not
meddle with the sayd compasse, And thereupon the sayd
Master bidd the sayd May hold his tongue or else hee would strike him
a cuss on the eare, and the sayd May replyed to the sayd Master that
if hee struck him, hee the sayd May would strike him againe,
XXX which the sayd Master being displeased hee struck the sayd May and

[IMAGE P1090025]
[f. 308v.]

and gave him a push from him soo that the sayd May fell backwards
over a royle of roapes which lay behind him, And this deponent
& others of the shipps Company then p:rsent who sawe the p:rmisses & heard the words
aforesayd passe betwixt them the sayd Master & the sayd May, stepped betwixt
them and persuaded them at that p:rsent to bee quiettm & the compasse being
brought out of the sayd cabbin, the difference ended for that tyme, And
the sayd May still continuing his discontent did afterwards declare
to this deponent in p:rsence of the sayd Swinburne the Boatswaine & this deponent
XXXXX Robert Harwell that hee the sayd May was resolvedd to
goe in the sayd shipp noe further than to Maslapatam and the sayd
Boatswaine being alsoe discontented with the sayd Master and being
resolved alsoe to leave the sayd shipp having heard that this deponent
had alsoe a ??regarde to leave her if hee could gett his wages, sayd to
this deponent, how shall wee gett our wages if wee leave the
shipp, And thereupon the sayd May sayd there is
money in the shipp wee may pay our selves out of that & leave
the rest, whereto this deponent replyed noe I will have noe hand
in any such thing for I am not willing to leave my Country
(meaning England) where his residence was & is) nor bee hanged at
home and farther hee cannot depose

DANIELL HARMAN (his signature)

The same day

3. RICHARD CHAPMAN of Wapping in the County of
Midd Mariner and of the Company of the shipp the
Vine aged twenty one yeares or therabouts, a witness
sworme & examined saith & disposeth

That the shipp the Vine of London (James Barker Master) being
in the yeare 1655 on her outwards bound voyage for the East
Indies, some differences happened betweene the sayd master and
John May his Cheife Mate and Pylott of the sayd shipp, and saith
that one of the differences betweene the sayd Master & the sayd May
was touching an Azimoth Compasse of the sayd Maye, which
he Jayes Master had a desyre to have, (it being as hee conceived better
than his owne) to make use of for the sayd shipps use in her sayd
voyage, w:ch the sayd May (as this deponent hath heard by others of the
sayd shipps Company) refused to lett the Master have to maje use of
and this deponent being at the beginning of that difference in his
Cabbin and hearing a great noise upon the deck of the shipp came
up to see what the matter was, and being come heard the sayd M:r
speake to John Swinburne the sd boateswaine of the sayd shipp, and command
him upon perill of looseing his wages to goe & breake up the sayd
Mayes Cabbin & fetch out the sayd compasse & bring it to him the
sayd Master & hee would leave him out for soe doeing, or to that effect
and heard the sayd May then speake to the sayd Boatswaine and saye
tXX or the like in effect I charge yo:w uponpenalty of more than
tenn tymes the losse of yo:r wages that yo breake not open my cabbin nor meddle
with the sayd compasse or words to that effect whereupon the Master being offended said Master & the sayd May fell to grappling & laying hold one of
another, And the sayd compasse was soone after brought to the sayd
M:r

[IMAGE P1090026]
[f. 309r.]

Master upon the Quarter deck, And hee saith (the said day) after the
premisses soe happened the sayd may meeting this deponent as
hee this deponent was comming out of the ?stowage desyred this
deponent to stand by him and take his part, And sayd if the Master
would not pay him this deponent his wages hee the sayd May would
wherto this deponent answered the sayd may & said hee looked for noe
pay of him, And hee alsoe saith that the sayd Swinburne the boatswaine
did before the difference XXXX XXXX the sayd M:r & the sayd May happened deliver to this deponent his Cutlass & Pistoll to keepe
& this deponent laid them up in his Cabbin but the Cabbin having
noe doore to it this deponent knoweth not who tooke the same out thXXX nor
when it was taken thence, but saith hee sawe the same afterwards vizable the differences aforesayd in
the sayd boatswaines possession, and hee heard the Carpenter of
the sayd shipp & others of the sayd shipps company saye that they sawe him discharge the sayd pistill against an Anchor stock & that the same
was charged with a brace of bulletts, And hee saith that the paper
shewed unto him at this his examinaccon and beginning thus On board
shipp Union July y:e 27:th 1655 soe farr as ?conceveth him this deponent is
truly and was subscribed by him with his owne hand writing And further
hee cannot depose saving his foregoeing deposition

RICHARD CHAPMAN [his signature]

The same day

4. JAMES BAKER of Rederiff Wall in the County of
Surrey Mariner one of the Company of the Shipp the Vine
of London aged nyneteene yeares or thereabouts a witness
sworne & examined saith and deposeth

That in the yeare 1655 hee this deponent went a Common man in the
Shipp Vine (James Barker Master) on a voyage to the East Indies & that
John May went Masters Mate & Pylott of the sayd shipp the sayd voyage In
which voyage outwards bound there happened to bee some differences
betwixt the sayd Master & the sayd John May, and remembreth
that one of the differences was for that the sayd Master desyred of the sayd May
his the sayd Mayes Azimuth Compasse to use, & the sayd May being formerly
displeased with the sayd master refused to lett him have the same, and
the Master being therat offended, commanded one Swinburne the then
Boatswaine of the sayd shipp upon perill of the loss e of his wages to fetch
the sayd Compasse out of the sayd Mayes Cabbin & the sayd May speeking
to the sayd Boatswain sayd this or to the like effect vizt Boteswaine I charge
yo:w upon perill of tenn tymes the losse of yo:w ages that yo:w meddle not with the
sayd compasse, XXXat the Master being displeased struck the sayd may a
boxe on the eare, & he sayes May & the Master thereupon grappled and strugled one with the
other & were at length parted by some of the sayd shipps Company, And hee
saith the same day in the afternoone & not longe after the sayd scuffle
betwixt the sayd may & the sayd Master, the sayd May came to this deponent
& told him that hee the sayd May beleeved that for his sayd
contending with the sayd Master hee should bee brought to the Capsterne and
XXissed or to that effect, and desyred this deponent to take his the
sayd

[IMAGE P1090027]
[f. 309v.]

sayd Mayes part, & sayd if hee this deponent would soe doe, hee this
deponent should fare never the worse, for hee the sayd may would
?send to this deponent his wages, whereupon this deponent
and others of the shipps company
(of which the sayd Swinburne the then boatswaine was one) went upon
the forecastle of the sayd shipp & this deponent seeing some handspikes
there lying, did himslefe heave an other XXX the foXXXX intending
to hinder the sayd master from punishing the sayd May And further
hee cannot depose

JAMES BAKER [His signature]

The same day

5. CALEB KYRNE of Radcliff in the County of Midd
Mariner one of the Company of the shipp the Vine
& Midshippman of her, aged twenty fower yeares or
thereabouts a witness sworne & examined saith and
deposeth

That hee this deponent was one of the Company of the shipp the Vine of
London (whereof which is Master James Barker) in her late voyage to east Indies
which she began from Gravesend about the latter end of December 1654 And saith that John may went Masters Cheife Mate & Pylott
of her for the sayde voyage. And that in the sayd voyage outward bound
in the yeare 1655 there were often differences betwixt the sayd barker & may, And one
tyme the difference betweene them hee remembreth was about an Azemath
Compasse of the sayd Mayes, which the sayd Master desyred of the
sayd may, to use for the sayd shipps use, which compasse the sayd
May denyed the sayd master the use of, whereat the Master being displeased
did in y:e p_rsence & hearing of this deponent & divers others of the sayd shipps
Company command he the Boatswain Hohn Swinborne upon perill
of looseing his wages for disobeying his commands, to breake up the
sayd Mayes Cabbin & bring thence the sayd compasse, and the sayd
May then spake to the sayd Boatswaine & sayd I charge yo:w upon perill
of ten tymes more than the losse of yo:r wages that yo:w lett the sayd
compasse alone and meddle not with it, or to that effect, whereupon the
sayd Boatswaine did not fetch the sayd compasse, & the Master being
displeased at the sayd Mayes words the sayd Master & the sayd May
fell to strugling togeather, & the Master threw the sayd May over a coyle
of roaps which lay iust behinde the sayd may & alsoe struck him the sayd may
whereupon some of the sayd shipps Company that were
next to them parted them, & the sayd Master seeing the boatswaine
did not obey his commands caused his the sayd Masters servant, or
his the sayd masters brother (but which of them hee knoweth not) to fetech
him the sayd compasse, who brought it out upon the deck the p:rmisses hee
deposeth of his sight & knowledge being one of the shipps company as
aforesayd And further hee cannot depose

CALEB KYRNE [His signature]

The same day

6. ROBERT HARWELL of Ratcliff in the parish of Stepney
and County of Midd Mariner one of the Company and a
Midshippman of the shipp the Vine aged twenty five yeares
or thereabouts a witness sworne & examined saith and
deposeth

That the shipp the Vine of London (James Barker master) about the
latter end of December 1654 sett sayle from Gravesend bound on a
voyage to the East Indies & this deponent went a Midshipp man in her
and John May went Masters Mate and Pylott of her the sayd voyage
outward bound, but the sayd May left her at her arrivall at Maslipatam
in the East Indies, therehaving bin frequent fallings out and differences
in the sayd shipps outward voyage betwixt the sayd master and the sayd
May: And saith that there was in the moneth of June 1665 a great difference
& dissention netwixt the sayd Master & the sayd may touching a Compasse
(as this deponent hath heard by others of the sayd shipps
company) but this deponent being a sleeope in his Cabbin when the sayd
difference about the sayd compasse happened, hee this deponent cannot
speake any thing of his knowledge touching the same, but saith that
about three or fower dayes after the same happend, the sayd May came
to this deponent & told him or words to like in effect that by reason of differences betwixt the
sayd Master and him hee did beleebe the sayd master would proceede
to bring hom to the Capsterne & punish him and asked this deponent whether
hee (if the Master should soe proceede) would assiste him the sayd may
to force him from punishment, and told him that Swinborne the Boatswaine
& divers others of the sayd shipps company had promised to stand by him the sayd May & assiste him
that none should meddle with him but the sayd master, And hee
further saith, that some dayes after the sayd May had desyred this deponents
assistance as is before declared, the sayd May being standing by the
??Backe of the sayd shipp accompanies with this deponent and this
p:rentest Daniell Harman and the sayd Swinburne the Boateswaine,
the sayd may entered into discourse concerning wages , and sayd
the sayd master had denyed him his wages, and sayd that if they
this deponent & the sayd Harman & Swinburne would bee XXled by him
hee know there was money sufficeint & more in the stearne ?shealter to pay
him & them their wages and that
they would pay them selves their due out of
it whereto the sayd Boatswaine
replyed that it were better to lett it iust & doe nothing therein till
they came at Meslapatam whether the shipp wer to foe, & then the so sayd
Boatswaine coul dpick a boates Crew to carrie the Marchants & Master
on shorea, & then they might & would pay themselves their wages out of the
money & soe goe on shoare & leave the sayd shipp or words to that effect,
whereto the sayd Daniell Harman speaking to the sayd May in behalfe of himselfe & XXXXXX sayd for

NEW PAGE

they would not have to doe ?theavin, XXXX they
should doe soe they must either resolve to forsake their countries (meaning England) or else goe some hither & bee there hanged or
hee spake words to the very like effect And further hee cannot
depose

ROB:T HARWELL H[is signature]

The 12:th day of July 1656

7. JOHN TREDDLE of Ratcliff in the parish of
Stepney als Stobenheath in y:e County of Midd
Mariner aged twenty seaven yeares or thereabouts

---

Gerrard Lloyd: Moses Bathurst deponent

[P10900052]
[f. 393v.]

The 23:th of September 1656

3. MOSES BATHURST of London Merchant, aged
28 yeares of thereabouts swirne as aforesaid and
examined

To the first Interrogatorie hee saith and deposeth that hee well
knoweth the interrogated Gerrard Lloyd and hath ?so donne for XXXX
five yeares last past or therabouts, and well knoweth that in the yeares

[P10900053]
[f. 393r].

1653, 1654 and 1655 and for ?some time before that the said Gerrard Lloyd
and company had a very greate trade at Seville in Spaine and did there keepe
a house and familie, and had at Sevile and other parts in Spaon a very greate
commerce and traffique by ?many of Marchdize, w:ch hee knoweth for that
hee this deponent lived at Sevill aforesaid with
XXXX ?case where that kept their factory and managed their said trade
and some came to take notice thereof

To the second Interrogatorie hee saith and deposeth that at the time of
the difference breaking forth betweene England and Spaine in the yeare
1655, the said Gerrard Lloyd and company had severall debts owing them
by severall persons residing in Spaine, and alsoe severall goods
merchandizes , and other effects in Sevill, S:t ?Surar,
Cadiz and other parts of Spaine, and household stuff in Sevill aforesaid
all amounting in his estimaccon to the summe or valew of seaven
thousand and nine hundred pounds, ?w:th XXX XXX owing both
private to XXXX XXXX from XXXXX

To the third hee deposeth that the said Gerrard Lloyd and company
lately in this XXX XXX yeare 1656 had severall goods and merchandizes
from the port of London to Cadiz in Spaine in the shipp called the
ffortune of Hamburgh and shipp called the ??ffara in the ffeild,
w:ch hee knoweth being ??privee thereto, and saith that
the said goods, merchandizes XXXX stuff, debts and effects were seized or ??stolen of
by the officers and subiects of the King of Spaine and witheld from the
said Lloyd and company who are XXX deprived thereof, and
have suffered losse and dammage in this deponents estimaccon to the summe
and value of nine thousand and six hundred pounds sterling; XXXX
?with XXXXX this deponent was in Spaine when the said two shipps and
goods XXX XXX and XXX them under the said seizure, and
the said Lloyd and companies goods merchandizes and effects XXXX, ?were
XXXX seized in Spaine, when theire was a seizure or detention of all Empliyment goods

MOSES BATHURST [His signature]
1656

[I have stopped transcription here, though there is a further deposition by Moses Bathurst on the goods]

---

Oliver Langdon, deal merchant: deponent

[P10900054]
[f. 454v]

The 12:th of December 1656

Examined upon the libell given in XXX XXX

OLIVER LANGDON of Wapping Wall Deale Merchant
aged 38 yeares or thereabouts sworne and exXXXX

[I have stopped transcription here]

---

Manuel de ffonseca Meza: deponent

[P10900056]
[f. 549v]
The third of ffebruary 1656

5. MANUEL DE FFONSECA MEZA, Merchant, ?Nephew
of the prXXXX Antonio ffernadez Caravall, aged
19 yeares or thereabouts sworne and examined

To the second and third articles of the said allegaccon hee saith and
deposeth that upon the hiring and affreighting of the shipp the
XXXX ???Marsham (other with the Dolphin) XXXX for the voyage in
question, hee the said Antonio ffernandez Caravajall did lade or
cause to be laden aboard her then lying in the River of Thames,
and bound for the Canaries, severall XXX of ?ffrance linement, and
other goods and merchandizes, amounting in valew to XXXX
hundred pounds sterling or more, for the proper account and
adventure of him the said fferenandez, to be carried in her from that
port to the Canarie Ilands and there to be disposed of for the
advantage and proper acountm and they made thereof take
XXXXX in wines and West India goods, to be returned in the sd
shipp to this port for the said account of M:r ffernandez, XXX
XXX XXXXXXX being acquainted with the buying and
providing the said ??linement and other ?expressed goods by and for the
use of the said M:r ffernandez, and ?paying for the XXXX XXX, and
with the taking them aboard the said shipp in this port for the said
XXXX XXXX XXX keeping not ffernandez
....
John XXXX de Miranda....

[I have stopped transcription here]

---

Christopher Boone

Abstract & context

Names mentioned

John Willmott of London, merchant (Spanish merchant, lived in Seville) - deponent
Francis Thoris - deponent
Benjamin Bathurst - deponent (lived in Spain for the space of a year +, in Seville, ending about August ?1654 in a house with one M:r Anthony Upton, who & his Company vizt his brother Gilbert Upton & Gerrard LLoid were the correspondents to and agents of the aclate Christopher Boone

Daniell de Leon & ffrancisco Paninque (alias Panninck), agents of the aclate Adrian Goldsmith, at Seville. These correspondents dealt with Christopher Boone's correspondents (Anthony Upton..), also in Sevill
Adrian Goldsmith, Antwerp
Anthony Upton, factor, Seville

Ships: Sampson, Salvador, St. George and Morning Star

PROB 11/332 Penn 1-66 Will of Anthony Upton of Seville 25 January 1670

"Jan. 26. Whitehall, 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved.

As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page]"

---

[Image P109004]1
[f.372v-XXXX]

ADD TEXT ON CHRISTOPHER BOONE CASE
---

XXX

Abstract & context

---

[Image P1090061]
[f. 628r.]

"XXX hereafter reste to bee XXXXed, And further hee cannot depose

To the 5:th Article of the said Accon hee saieth That in or about the
moneth of September 1656, and upon y:e 11:th day of the said moneth
according to y.e English style, the said shipp the Xappahamarck and or
y:e XXuct of this depon:t being at sea with y:e said 53 or 54 Negroes
and the residue of her said Cargo, and sayling towards and
being in sight of the said Cape de Lopes upon her quiett and peaceable trading
was mett with by two duch shipps the one called the Mary of
Amsterdam, and the other called the XXXX of Middleburgh both
of them being commanded by the aclate John SXXoll a Duchman
and Subject of the States of the United Provinces, which did then in
a violent and hostile manner sett upon surprize and take the said
shipp y:e Xappahammarke togeather with her Tackle furniture and
Negroes and the rest of her lading, and dispoyled and utterly ?deprived
this depon:t and Companie thereof and ?converted y:e same to the use
and benefitt of the said John Scroll and Companie. The premisses hee
knoweth by sadd a psonall experiences. And further saith, That by and
according to the credible relation of the said Arthur Perkins and Comp:nie
the said two Dutch shipps in the moneth of August, immediately
precedent had alsoe in a violent and
hostile manner assaulted surprized and taken y:e said shipp y.e Sarah
and her tackle furniture and Negroes aforesaid shee being at an anchor
at or neere Cape de Lopes aforesaid, and had dispoyled and depXXXed
said Master and Companie thereof. And that indeed this depo:t being
himselfe and his said shipp shortly after surprized and taken as afores:d
did soe the said shipp Sarah in the power and possession of the said
John Scroll and of those under his Command in the said Dutch shipps
And further cannot depose

To the 6:th hee saith That the said shipps the Marye and y:e
Unicorne at the time of the surprizeall of this deponents said shipp y:e
Rappahamarrke were Dutch shipps, that is the Mary was and is a
shipp built at Amsterdam in Holland, and the said shipp y:e Unicorne
a shipp which had beene taken by the Holland:ers or Zealanders from y:e
Portugueze and had been repaired and built upon in Zeeland, and saith
That at the time aforesaid both the said shipps carried Spanish Colours
but the night immediately prceeding the said seizure, this depon:t had
seene them carry the Colours of Middleborough in Zeeland And farther
saith that the said shipps were from y:e said United Provinces sett out

[Image P1090064]
[f. 629v.]

to sea each of them with a cargo of goods to trade at Guiney [?for]
Negroes, and pticulalry that one ?Vandergoes of Zeeland XXX XXX
principall ?Owner and imployer of the said shipp the Unicorne
was alsoe interested in the other shipp y:e Mary and that the ?said
Vandergoes and others the Own:rs of the said shipps the Mary and
Unicorne were Dutchmen and Subjects of the said States of y:e
United Netherlands Provinces, ??All which the premisses of this dep:t
saith hee hath understood and beene very credibly informed of XXX
before the seizure of the said shipp the XXappahamarck and the
one Lucas ?Carrots Master of a shipp in XXXX belonging to Holland
then trading in these parts with whom this dep:t XXX at the XXX
dayes before y:e seizure of the said shipp XXappaXXXX XXXX the
depon:t asking whether there were any men of warr upon y:e XXX
answered noe, but that there were some Dutch Merchant shipps
and that hee knew where their Own:rs and Imployers lived, XXXX XX
hee know where his owne Own.rs lived, and that if hee were in
Amsterdam hee could presently goe to their or severall of their houses
habitations in that place, and moreover that therefore hee did not
feare them under any such notion, And ptly for y:t the said
Commander John Scroll and the Gunner of the said shipp y:e
Unicorne (this depo:t upon y:e said seizure being brought on bord XXX
and there continueing a prisoner for about 6 weekes after) did
sevearall times declare in the hearing of this depon:t that the said ships
were sett out, as aforesaid, by the said Vandergoes and others subject
of the States of y:e said United Provinces, and saith that XXX
said Scroll and one Claes or Nicholas ?Praine Merchant or
Supra Cargo of the said shipp Marie did aboard y:e said shipp
Unicorne declare to this depon:t that they had in and about y:e
said shipps a Cargaison for y:e procureing of two Thousand
ffive hundred Negroes to be transported to ??Carthagona in the
West Indies there to be disposed of and sold for y:e use of XXX
of such their Dutch ?Proprietors And further said That soe long as
this depo:t continued a prison:r in and aboard the said shipp Unicorne
hee well observed that all or the most pt of their shipps XXX
and provisions consisted in ?grett, ?horse ?beXxanes and other XXXX
usually employed in shipps fitted and victualled from Holland and
other united provinces, and that severall of the said shipps ?Companie
then confessed, that the provisions of beef, and sundry XXXX of
water which they then had aboard y.e said shipps had beene by XX
taken in, in the said united Netherlands, or words and expressions
to that or the like effect. Hee further saith That hee this depon:t

[Image P1090065]
[f. 630r.]

was not present at the seizure of the said shipp y:e Sarah and therefore
doeth not know, what colours y:er said Dutch shipps carried at the time
of the said seizure otherwise than that hee hath credibly understood both
by the said Captaine Perkins and by severall of his Companie, thyt y:e
said Dutch Shipps at the time of the said seizure were or carried the
Hollands or Middleborough colours as this XXXXX now remembreth
And further cannot depose

To the 7:th hee saith, That by and according to y:e confession of the said
John Scroll and severall of his companie made to this depo:t during his
said imprisonment, hee the said John Scroll was an inhabitant of or
neere ??Monnisbondam in Holland, and that this depo:t during his said
restraint well observed abnd to the pticular notice y:t the said Scroll and
the Gunner, Steeresman, Chirurgion, Boatswaine, Carpenter and
Saile-maker and many others both Officers and common men aboard
y:e said shipp were Dutchmen subjects of the said States of the United
Netherlands; and that they generally acknowledged themselves soe to
bee, and that they were sent and employed out of the said United
Provinces for Guinney aforesaid. Hee further saith, That during
such this depon:ts restraint, the said Dutch shipps giving chase to enother
English shipp, whuch had beene tradeing in thoses parts of Guinney and
was then bound thence to y:e east Indies, by name the Lion and
Providence, whereof was Captaine Timothy Craven, the said John
Scroll within this depo:ts sight and observation caused two gunns to be
fired at or against y:e said English shipp with intent to make y:e
same strike sayle to them & y:t a sword being brandished upon y:e said English
shipp in manner of Defiance, or that they would to their power defend
themselves, as is usually understood in such Casesm thereupon
the said Scroll tooke up a sword and brandishing y:e same said in Dutch
theise words or the like in effect, [Italics added by this editor] Ick hebbe mel een sweerde, ick
sal straax bÿ u comen, and soe by the said Scrolls order and direction
severall great gunns were discharged at and against the said English shipp
till such time, as shee was necessitated to submitt and surrender to y:e
said shipp the Mary then Admiral of the said Dutch shipps
which during all y:e said Conflict carried the Spanish Colors, but
when they first espyed any strange shipps, and particulalry when any of
West India shipps of the said United Netherlands came
neere them, they constantly carried the Middelborough Colo:rs and
saith that that place being beyond the Line, upon occasion of such
meeting, if the said shipps the Mary and Unicorne had beene
Spanishe, they and the said other Dutch West India shipps
would in all probability, and according to common and usuall custome

[Image P1090066]
[f. 630v.]

either have ?attacked or beene attacked by the Dutch, for y:t this XXXX
?Doth not usually tolerate any shipp or shipps of other nations ??tradeing ??in
y:e West Indies And further hee cannot depose

To the Eighth Actle hee saith, That every one of the said XX XX XX
Negroes which this depon:t had on board his said shipp y:e XXXXXX
at the time of the XXXX XXXXX, and alsoe the hundred Negroes XXXXXX
this depo:t intended to have procured with the XXX of the XXX outward
Cargoe would have given and produced in Virginia being the
place to which they were designed, thirty pounds ?ster:g at y:e
least, this depon:t before hee sett forth upon y:e voiage aforesaid
haveing here at London been offered 25:li sterling ready money ?for
?such Negroes hee should procure and deliver at Virginia XXXX
and to have the benefitt of the moneys for y:e whole voiage, XXXX
would have procured rather more than ??less benefitt than that XX
is by him preXXXed, And further saith, That hee this depo:t
verily veleeveth, That the 160 negroes or thereabouts in and on
board the said shipp Sarah at the time of her said ?surprisall by
by being designed for Virginia or the Barbadoes, would have XXXXXX
?produced to the Owners 30:li XXXX p head, or the worth thereof
in goods and ?Commodities of those Countreyes, And this dep:t
saith That about the eighteenth or 20:th day of December ?thatt this
depo:t after y:e seizure aforesaid being come to y:e Barbadoes, ?there
was credibly??informed by M:r Giles Thornbury Master of and English
Vessell then newely come in therewith Negroes from y:e XXX
of Guinney aforesaid, that hee had sold and disposed of them XXX
with another for 27 hundred weight of sugar p head, ?and a
hundred being there valewed at five and XXXX shillings, which is
more than y:e summe by him predeposed, And further cannot depose
saveing that the Negroes ?psons, which hee this depon:t had soe pcured
were all of them lusty young persons and soe hee intended to
have procured the remaining hundred of negroes, soe that they
would without any difficulty have procured the valew by him
predeposed and upwards. And further hee cannot depose

To the 9:th hee saith, hee knowing nothing of the contents of XXXX
further or otherwise than hee predeposed, for that hee this
depo:t was not at any time about y:e said shipp Sarah XXX XXX
their at the said Scroll and Companie had taken all y.e goods
and Negroes in question out of the same

To the 10:th Actle hee saith, That the said shipp y:e XXXXXXXXXXX
being a shipp of the burthen of 220 tunns or thereabouts

[Image P1090067]
[f. 631r.]

bearing eight peeces of Ordinance togeather with her tackle apparell
furniture and provisions for y.e shipps companies and negroes were
at the time of the seizure aforesaid really worth the summe of Two
Thousand seaven hundred pounds sterling money of England, which
hee knowth for that a sixteenth pt of the said shipp before shee was
soe fitted and furnished to sea upon y:e voiage aforesaid, of this depon:ts certaine knowledge was by Richard Bull the former Master and pt
Owner thereof, sold unto y:e said Jeffereys and Colclough for ine
hundred pounds at the least, soe y:t the whole shipp in the condition shee
then was did after y:t rate amount unto 1600:li or thereabouts and with
y:e addition of all necessary tackle apparrell furniture provisions and
all conveniences for such a boiage and service, this depon:t is in his Conscience
and to the best of his Judgement fully convinced and assured of the value
of the premisses as hee hath predeposed y:e same, And as to y:e said
shipp y:e Sarah, hee cannot depose anything knowlingly, as to the value
thereof, nor touching the freight or mens wages in and aboard y:e same
the voiage in question. And further or otherwise hee cannot depose

To the 11:th hee saith, That about two moneths after y:e
seizure of the said shipp ?Xappahanmark the said Scroll and Companie
redelivered unto the Companies of the said surprized shipps, and of two
other English shipps, which they had alsoe thereabouts surprized and taken,
the said shipp Sarah, they haveing taken out of the same all the provision
of Victualls, saveing two butts of beanes, two barrells of beefe, one hundred
of Stockfish and about 5. or 600. weight of bread, togeather with
some tunns of water, the Company then by them putt aboard y:e said
shipp Sarah being about 70. psons, and being strictly ordered and
enjoyned by the said seizo:rs to goe directly for England upon paine of
forfeiture of the said shipp if they deviated or tooke any other Courses or ?voiages ??20:th
would have required about three moneths time, but this depon:t and the said
Arthur Perkins & the rest of the seized shipps companie soe putt on board
the said shipp Sarah finding that such provisions were altogeather insufficient
for such a Companie and voiage, and haveing but one ?entire anchor; and one
peece ofa cable of about 50. or 60. fathom, and one suite of sailes very
thin and insufficient for such a voiage, and being unwilling to expose their
lives to such imminent and almost inevitable danger, they sailed from
Cape de Lopes aforesaid to y:e Island of S:t Thomas, where they were
necessitated to sell the said shipp y:e Sarah for Victualls to keepe them
alive and to furnish another small Vessell, which they there procured to
carry them to y:e Barbadoes, there to gett passage for England, and saith
if they had not steered y:e Course and sould the said shipp to the use and
intent aforesaid, they must in all probability have perished for want of
Victualls. The premisses hee declareth and knowth by sadd experience
to bee true And otherwise to this Acle hee cannott depose

[Image P1090068]

[f. 631v.]

This image is out of focus, uând unreadable - need to reimage this page

End of images for this deposition - go back to physical manuscript to see if there are further depositions. Also search elsewhere for any financial accounts of the voyage

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Possible primary sources

Related to Cooke & Johnson vs. Batson

TNA

C 6/136/169 Short title: Watkins v Merchants of London. Plaintiffs: Mary Watkins widow. Defendants: Governor and Company of Merchants of London Trading into the East Indies [East India Company] and Richard Batson. Subject: money matters, London, Middlesex. Document type: bill, answer. 1657
C 6/140/88 Short title: Mackleir v Batson. Plaintiffs: Sir John Mackleir kt. Defendants: Richard Batson and William Chamberlayne. Subject: money matters, Middlesex. Document type: bill, answer, inventory. 1657
C 6/163/3 Short title: Batson v Bendish. Plaintiffs: Richard Batson. Defendants: Sir Thomas Bendish baronet and John Bendish. Subject: property in Haverhill, and Helions Bumpstead, Essex. Document type: bill, answer. 1663

C 10/13/142 Peter Thelwall v Richard Batson: money matters 1651
C 10/57/150 East India Co. v. Batson 1650

PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667
PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669
PROB 11/460 Dyer 46-88 Will of Thomas Batson of Stepney, Middlesex 23 April 1701, pp. 8

PROB 11/367 North 95-141 Will of Edward Lewin of Stepney, Middlesex 11 August 1681, pp. 6 (identical to "Edmond Lewin", a partner of Richard Batson in a Minories Glasshouse?)

Essex Record Office

Essex Record Office: D/DQ 41/39 : 2 October 1663: Deed to lead to the uses of a common recovery

(i) Sir Thomas Bendish of Steeple Bumpstead Baronet, John Bendish son of Sir Thomas Bendish, his wife Martha Bendish
(ii) Richard Batson of London, merchant, Thomas Batson the younger of London, merchant
(iii) Thomas Plampin of London, silkman and and Francis Pemberton of the Inner Temple, London

In consideration of the marriage of John Bendish and Martha, daughter of Richard Batson. Recites marriage settlement of £6000 and articles of agrrement of 13 July 1663

The manors and lordships of Steeple Bumpstead, Bower Hall, Royley, Robtofts, Bendish, alias Old Hall, Bloyes [Blois] and Waltons, in the parishes of Steeple Bumpstead, Ridgewell, Hempstead, Stambourne, Helions Bumpstead and Haverhill, farms called Waltons, Old Hall, Old Parke, New Parke, an unnamed farm in the tenure of Robert Bun, Stambourne Farm, Bloyes, Smith Green, the Mill Ground, farms in the tenure of Mrs Perry, widow, Dean Farm, unnamed farms in the tenure of Richard Pepys, John Renolds, Thomas Arnett, Thomas Fitch, George Whale and all other messuages owned by Sir Thomas Bendish and John Bendish in the above parishes

Notes

Related to Cooke & Johnson vs. Batson

Richard Batson land holdings on Barbados

"Table 11: Merchants who bought land in Barbados in 1647

Martin Noell, James Noell, William Seeman 67.5 acres Consideration: £800 8 March
Colleton, John 80 acres Consideration: £250 14 March
Henry Quintyne 77 acres 10 April
Martin, James, Stephen, and Thomas Noell 5 acres Consideration: £30 14 April
Thomas Walker, John Webster, Nathan Grafty, Philip Holman 10 acres 17 April
Walker, Webster, Grafty, Holman 80 acres 18 May
M.,J., and T. Noell 21 acres Consideration: £160 29 May
Laurence Chambers 300 acres Consideration: £20,000 2 June
Walker, Webster, Grafty, Holman 30 acres Consideration: £300 9 June
Richard Ellis 25 acres Consideration: £40 11 June
Thomas Mathew 184 acres Consideration: £5000 13 June
Richard Batson 40 acres 1 July
Walker, Webster, Grafty, Holman 18 acres 1 July
M., J., S., and T. Noell 20 acres Consideration: £200 July
Nathaniel Starkey 23.5 acres 7 August
M., J., S., and T. Noell 6.5 acres Consideration: £32.6 20 August
Beatrice Odiarne 60 acres 9 September"

Batson involvement in Barbados

"[October 3rd 1652] Order of the Council of State. For a warrant for Richard Batson to transport 20 draught nags to Barbadoes for the use of his sugar mills there. [Ibid., Vol. LXI., p. 71.]"

"[June 11th 1653] Orders of the Council of State. For a warrant for Martin Noell, Richard Batson, John Manniford, Wm. Chamberlaine, Wm. Draxe, and Sam. Cox, merchants and planters in Barbadoes, to transport thither 30 horses, upon the usual terms. Petition of Sir David Kirke to be referred to Committee of the Admiralty. For a warrant to permit John Evans and Peter Mackerell to export to Barbadoes 10 nags and 100 dozen of shoes, upon paying the usual duties. [INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75.]"

"17 December [1660]. Declaration made by Richard Batson, merchant of London, that he had appointed his nephew Thomas Batson of Barbados, merchant, to confirm a sale made by him on 7 May 1658 through his attornies William Tickell and Nicholas Martin of Barbados, merchants, of 200 acres known as Spring Plantation to Daniel Searle, Governor of Barbados. (MCD 10)

1661.

[Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and about London, to the King. Whilst petitioners were endeavouring to lay before His Majesty some disadvantages that arose in Barbadoes by the Patent of the Earl of Carlisle, and praying either for no change of Governor or a disinterested person to be appointed, and were addressing certain proposals to the Lord Treasurer, letters from His Majesty were procured which have removed the Governor and given countenance to some settlement intended by Lord Willoughby, which tends much to the grief of petitioners and many of the ablest planters. Having stated to the Lords Chancellor and Treasurer the illegality of the Earl of Carlisle's Patent, and the advantage to His Majesty in sovereignty and revenue, in case the Planters have an immediate dependence on His Majesty, petitioners pray that fresh letters may be sent to Barbadoes, intimating His Majesty's resolution of taking the Plantations in America, and particularly Barbadoes, into a more immediate dependence on the Crown ; what the Crown will do for them ; and what it expects from them. Petitioners are confident that if no such despatch speedily be made the present power may be so made use of as many of the best planters may be forced to withdraw. Signed by Peter Lear, And. Riccard, Richard Batson, Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell, Tobias Frere, Thomas Kendall, John Roberts, Will. Chamberlaine, Jona. Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1, 1660-1. 1 p. [Col Papers, Vol. XV., No. 25.] FootNote(''Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668'' (London, 1880) p. 14). See http://www.archive.org/stream/1964colonialrecordsc05greauoft#page/14/mode/2up, viewed 17/12/11

East Indies

"A letter addressed to the Governor and Committees for the Fourth Joint Stock is presented, * being the desires of divers of the adventurers in the Voyage. It suggests that all the goods now come from Bantam in the William, the Dolphin, and Advice ought to be for the account of the Second General Voyage, these ships being freighted and imprest money paid to them by the said Voyage and the Governor having often been heard to say in court ('although this be not booked downe ') that 'wee might not expect to have our shipps come home full fraight, but that the Joynt Stock had a good quantity of pepper and other goods ready at Bantam and other adjacent parts, which should be laden for accompt of the said Voyage, they allowing interest to the Stock for the time they should be out of purse of their moneys in providing the said goods *. If it had been expected otherwise, the Stock would no doubt have provided its own shipping and not laid the burden upon the Voyage. Yet wishing to comply with the desires of the Stock rather than to create a difference, the subscribers will waive the undoubted right of the Voyage to the said goods, provided that a like quantity of goods may be laden for account of the Voyage in the Endymion and Anne this ensuing year, which cannot in justice be denied, since letters from the factors report that they go on buying goods for account of the Voyage ready to lade on the ships. It is further proposed that no advantage should be taken of the order for turning over the remains of the Voyage to the Joint Stock at s. 6d. the rial, and that it be understood that, when the Ruth, Endymion, and Amte are laden, what remains, if it does not exceed 10,000 or ia,ooo rials, may be transferred to the account of the Stock, 'for that we desire to putt a period to the Voyage.' After consideration this letter is approved, confirmed, and directed to be presented to the Committees for the Joint Stock. There being an allowance of five per cent, made by the book of rates upon all linen cloth, Mr. Vivian proposes that the Committee of the Navy and Customs may be petitioned for a similar allowance upon calicoes ; this the Court consents to do if the allowance is denied, but not before. The Council of State wishing to buy the Company's saltpetre for the use of the Commonwealth, it is resolved that, if an officer is sent about this business, the Committees shall be called together to treat with him. Mr. James, formerly master of the Bilbao Merchant (now called the Bonito), bought for this Voyage, is given 10/. as a gratuity ' for parting with his shippe '. No pepper, calicoes, or saltpetre to be sold at the next court of sales.

• The following names are appended: John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont."

Richard Batson will, 1667

"RICHARD BATSON of B'dos, Citizen & cutler in London. 12 June 1667 (Carr 99) My only child Martha wife of John Bendish. Nephews Thos & Henry Batson who are my factors in B'dos. Storehouses there which I recovered from John Ford. Brother Willm. Batson, father of sd. Thomas & Henry & Richard another of his sons. Brother Thos. Batson & his wife & son Richard another..."

Possible investment in London glasshouse

"Minories or Goodman's Yard Glass House

This glass house is known to have been in use before 1641, when it was owned by Sir Bevis Thelwell, who had been a partner in a glass making enterprise 30 years earlier. In 1651, two merchants Richard Batson and Edmond Lewin obtained a twenty-five and a half year lease on the property and later sub-let it to practical glass makers. It was the subject of a Chancery Law suit between them which dragged on from 1657 to 1663. By 1677 Batson had dropped out and Lewin was apparently making bottles (but probably elsewhere). Lewin was probably one of the four furnace masters mentioned by Alberti, the Venetian ambassador in February 1673/4 as wanting to prohibit the import of Venetian glass. On 1st April 1678, Michael Rackett 'Master of a Glasshouse...for making white and green glasses in the Minories without Aldgate' made an agreement to supply the Glass Sellers Company to regularly supply them with 'white glasses'. From 1661, this glass house supplied the newly-formed Royal Society with glassware and it was one of two glass houses mentioned by the scientist Robert Hooke in his diary. He visited it on Thursday December 4th 1673 and again on Tuesday January 1st 1677/8, but on the latter occasion the fire was out (probably due to the change over between Lewin and Rackett at the end of the lease). It is also a likely source of information for Christopher Merret in 1662 when he was compiling his notes on his translation of the Italian glass making work by Neri. In December 1680 Michael Racket was recorded as shipping glasses to Jamaica. He was last mentioned working there in 1691. In 1692 Robert Hookes and Christopher Dodsworth and their shareholders bought-out a number of London glass houses, including one "manufacturing green glass at the Minories outside Aldgate". On 16th March 1699/0, the Flying Post mentioned that this glass house was making drinking glass and all other sorts of glasses and it was then owned by "Craven Howard Esq. and other trustees". Earlier that year it had been advertised to be let."