MRP: HCA 13/73 Part One

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HCA 13/73 Part One 1659-?

Editorial history

01/05/12, CSG: Created page
01/05/12, CSG: Made 127 digital images (P1110298 to P1110425)
26/05/12, CSG: Transcribed 35 full pages to date
28/05/12, CSG: Transcribed 37 full pages to date
31/05/12, CSG: Transcribed 59 full pages to date
01/06/12, CSG: Transcribed 67 full pages to date
03/06/12, CSG, Transcribed 87 full pages to date
06/06/12, CSG: Split HCA 13/73 into Part One & Part Two



Contents




Suggested links


See HCA 13/73 Part One
See HCA 13/73 Part Two

See Admiralty court cases

See Synthesis
See Transcription



To do




Physical description



Sample transcriptions

Front Cover


P1110298 recto front cover

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//XXXX13
January 1658
March 1660//

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DOUBLE PAGE, WITH RECTO F15 RECTO

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Case: Luke Wood x:r ag:t the Peace and ag:t Thomas Grove: Examination: 3. Peter Bartlet, of Ratcliff, Shipwright, aged 30: Date: January 12th, 1658


The 12:th day of January 1658

Examined on the libell./

Luke Wood x:r ag:t the Pearce)
and ag:t Thomas Grove)
Cheeke; Suckley:/:)

J:ius PETER BARTLET of Ratcliff Shipwright aged
thirty eight yeares or thereabouts a wittness sworne
& examined saith & deposeth as followeth viz:t./

Rp.

To the first arle hee saith that hee this deponent goeing Carpenter
of the shipp the Peace arlate the whole voyage in question
knoweth that the arlate Thomas Grove druing all the moneths and
tyme arlate in the yeares: 1657 and 1658 arlate was Master
and Commander of the sayd shipp the Peace and had the charge and
governmenz of her as Master of her during the sayd voyage on which
voyage shee sett sayle from Gravesend the tewnty eight day of March
1657 English style and as hee beleeveth went soe Master of her with the consent
of the arlate Vincent delabarre Thomas delavale, And for Master
of her the sayd Voyage the sayd Grove was Commonly reputed And,
further to this arle hee cannot depose./

To the second article of the sayd libell hee saith that the sayd shipp
Peace was in the Moneth of March 1657 bound from this Port of
London to ffrance and thence to Newfound Land and hence to the
Barbados and thence back againe to London And saith tha the
sayd Thomas Grove did in or about the sixteenth day of the moneth
of March 1656 lett to freight by Charterparty three eigth parts
of the sayd shipp the Pearce belonging to the arlate Vincent dela Barr
& Thomas de La Vall to the arlate Luke Wood during the voyage in
question for a valuable consideration, as the sayd Luke Wood did
affirme to this deponent and others of the sayd shipps Company
And further hee cannot depose but for more certaynty therein referreth
him selfe to the sayd Charterparty./

To the 3 arle hee saith that hee well knoweth goeing Carpenter of the
sayd shipp that the arlate John Brewer and Edward Crispe were
commonly reputed the lawfull Owners & Proprietors of the other
five eighth parts of the sayd shipp Pearce & her tackle & furniture
And knoweth that they did freight and imploy their sayd five eighth
parts upon their owne charge and Adventure as Owners & freighters
of them And (as the sayd Luke Wood did affirme to this deponent) hee
was by the sayd Brewer & Crispe intrusted to goe supracargo upon
the sayd shipp & voyage ?as well for the management of their sayd
five eighth parts as for him selfe and the manageing of the
sayd three eighth parts of the sayd shipp ?soe ?lett to him the sayd
Wood by the sayd Grove And further to this arle hee cannot depose/

To the 4:th arle hee saith that while the sayd shipp laye in the River
of Thames takeing in her provisions for the voyage in question this
deponent heard the arlate Edward Crispe aboard the sayd shipp
saye & declare that hee and the sayd Bower were to pay and beare
the voyage of their five eighth parts of the shipp Peace and of her victualls
and//



P1110849 f. 1 verso

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//and mens wages and that the arleat Like Wood was to doe the XXX
for the other five eight parts of the sayd shipp & of her victualing and XX
XXX wages and that the arlate Grove the Master and the Mariners
of the sayd shipp were to obey the orders of the sayd Luke Woods & to sayle
her to such places as the sayd Wood should order & direct & to follow ?&
order in the ladeing unladeing and reladeing of the sayd shipp & to go
with their boate from tyme to tyme as the sayd Wood should appointe
and confesse And further hee cannot depose but referreth him selfe
to the schedule in this article mentioned./

To the 5:th and 6:th articles of the sayd libell hee saith that after
the sayd shipp Peace her departure upon the voyage in question hee XX
in her coarse towards ffrance shee was forced by Contrary winde to
put into ffalmouth where she lay winde bound neere about thirteene
dayes And that about the seaventeenth of Aprill 1657 the winde came
fayre whereupon the arlate Luke Wood did make all speede to sett
sayle in regard soe much tyme had bin lost & the season of the gXXXXX
was & that the sayd shipp was to stay in ffrance to take in her
ladeing of salt there And saith that the sayd Luke Woods did call
upon the sayd Thomas Grove to goe aboard & speedily sett sayle that
the shipp might ?preserate her intended voyage and the sayd Grove
& Woods did about two oclock in the afternoone of the sayd day goe
aboard togeather, this deponent goeing aboard with them at the same
tyme, and soe soone as the sayd Grove & Woods came aboard they
sent the boate a shoare to Cleere at the Castle (this deponent and the
sayd Groves Mate goeing a shoare in it) XX XXXXX XXX brought the sayd shipp to sayle & the sayd mate p:rsentley ?gott
the sayd shipp cleared, And having cleered the sayd Mate and this
deponent returned to the sayd shipp in the shipps boate, And after
they were come aboard the sayd Grove ordered to sayle the sayd shipp
over the barr and there to bring her againe to Anchor and haveing
given such order, & there being a Country boate lyeing by the shipp
side, the sayd Thomas Grove would needes goe on shoare againe
and did goe on shoare in the sayd Country boate, notwithstanding
the sayd Woods did earnestly persuade & entreate him not to goe
on shoare & told him it would be a great hinderance to the voyage
the shipp being bound upon a fishing designe & the winde being ?the
fayre for her departure as in deede it was And the sayd Grove
being soe gone on shoare some of the shipps company after they
had sayled the shipp over the barr & then brought her to an Anchor
went on shoare with the shipps boate to fetch the sayd Grove on board
which notwithstanding the sayd Grove continewed ashoare most part
of that night and came not againe on board the sayd shipp till
about two of the Clock in the morning next after and was when hee soe came
(in this deponents Judgment) much distempered with drink and began
to//



P1110850 f. 2 recto

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//to curse and sweare and amongst other words sayd that there
were some on board thought much of his being on shoare but
hee cared not for that, and sayd that the sayd shipp should ride
longer there and accordingly did keepe her there at anchor about
an hower after such his comming on board & then gave order to
weigh Anchor, and did sett sayl, this hee deposeth of
certayne knowledge & alsoe heareing the sayd words or others to
that effect spoken, as alsoe did most of the sayd shipps company
And further to these arle hee deposeth not./

To the 7:th arle hee saith hee knoweth that after the arrivall
of the shipp Peace at Le?serne in ffrance & whilst the arlate
Luke Wood was on shoare provideing the sayd shipps ladeing of
salt and sending boates aboard her therewith the sayd Thomas
Grve did the moneth of May 1657 the certayne day hee remembe-
reth not) refuse to receave aboard the sayd shipp two boates
loaded of salt which the sayd Wood had sent to be taken
aboard her ?and ?turned the sayd boates w:th their ladeings of
salt back againe without takeing the same aboard although
this deponent & the rest of the shipps company were willing to
take it aboard and could well have taken the same aboard &
carried the same which the sayd Grove did without acquainting
the sayd Wood thereiwth but what XXXXX dammage the sayd Woods was
thereby forced to pay hee knoweth not, but knoweth hee was dama-
ged thereby And further cannot depose./

To the 8:th arle hee saith that whilst the sayd shipp remayned
at Leserue aforesayd & when shee was ready to depart thence the
arlate Luke Woods did goe ashoare with some of the shipps company
to make even his Accompts that hee might be in a readinesse to
depart and saith that the sayd Grove would needes goe on shoare
with him & did goe on shoare with the sayd Woods but as to what
words the sayd Grove spake on shoare hee cannot depose for that hee
went not on shoare with them but saith hee heard the sayd
Grove before his goeing on shoare sayd before most of the sayd
shipps Company that whosoever of them did ask any thing
for Crispe (meaning the arlate Edward Crispe one of the
Owners & Adventuers in the sayd shipp the voyage in question) hee
would ?mallise or ?hate them during the voyage, or words to that
effect & rayled against the sayd Crispe & sayd hee was a roague
and a dogg & other the like expresonsfull towards ?him further
to this arle hee cannot depose./

To the 9:th hee cannot depose.///



P1110851 f. 2 verso

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//To the 10:th and ?11:th arle hee saith that in the beginning of the Moneth
of August 1657 the weather had bin somewhat fowle & foggie
that certayne fish to the quantitie of five hundred kintalls or thereabouts
which the sayd Wood had bought & provided a shoare could not be shipped
untill a fayer day happened And saith that a fayer day happening in the sayd
moneth (the certayne day of the moneth it soe happened to be fayer he remem
breth not) the arlate Luke Woods and the arlate William Tizard (who was
Masters Mate of the Peace) called early in the morning for the Mariners of
the sayd shipp to goe a shoare with their boates to assiste in carrying
aboard & ladeing the sayd shipp with the sayd ffish And saith that thereupon the
sayd Grove the Master sent sixe men on shoare & not more to helpe to lade
the sayd ffish (whereas there were seaven & twenty men & boyes belonging
to the sayd shipp beside the Master, five & twenty whereof were under
pay off the sayd ?Merch & other the Owners above mentioned) and kept the
rest of the Mariners on board the sayd shipp & imployed them to pick OXX
and imployed this deponent being Carpenter to worke in the ?Okum
soe picked with severall plXXXX in the shipp where it would ?Okum ?W:ch
the sayd Wood would hande on shoare the weather being then fayre & XX
to lade the sayd ffish by which meanes the sayd Wood with those from thXX
the sayd Grove sent to helpe him could and did lade aboard the sayd
shipp only one hundred and twenty kintalls of the sayd three hundred
Kintalls of ffish whereas if the sayd Wood had had more helpe
on shoare to assiste in ladeing the sayd ffish aboard & that the rest of y:e
shipps Company had not bin hindred from goeing a shoare to assiste
therein by the sayd Groves employing them to pick Okum the whole three
hundred kintalls of ffish might easily have bin that day laden & put
all aboard the sayd shipp And further hee cannot depose saving hee
saith that while the sayd Woods was soe ladeing of the sayd one hundred
and twenty kintalls of ffish the sayd Grove did with three or fowre
more of the shipps Company take the shipps boate and turne to and
froe to the winde warde in the harbour for his pleasure noe way
offereing any assistance in the ladeing the sayd ffish, but what ?discourse
then passed betweene the sayd Wood & Grove as hee sayled to and froe
hee knoweth not.

To the 12:th arle hee saith that in the moneth of August 1657 (the certeyne
day hee remembreth not) the arlate Luke Wood having on shoare
sold a quantitie of salt came aboard the Peace to have it delivered
out of the said shipp and asked the Boatswaine for the sayd Grove the
Master & the Boatswaine made answere that hee was in his Cabbin
and the sayd Wood goeing into the Cabbin to desyre him (or by the sayd
Groves words afterwards appeared) to give order to his Company to ?deliver
out the sayd boates ladeings of salt the sayd Grove came out of
his Cabbin and rann upon the deck of the sayd shipp Peace and swore
that he would sinke the boate that should come for any salt there & the
sayd Wood seeing the sayd Grove rage in such a furious manner did
in a milde manner desyre and entreate the sayed Grove not doe as hee
had//



P1110852 f. 3 recto

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//had threatned but to suffer the sayd boate to be laden with salt and
told him what a great disparagement it would be to him the sayd
Wood in his treade there if the sayd boate of ?hoymen aboard her
should be wronged whereupon the sayd Grove in an outragious manner
reviled the sayd Wood and called him old Roague and old Pedler
and old Pimpe and other the like disgracefull names and told him
the sayd Wood that if hee were not an old roague hee would drubb
him And alsoe sayd (speaking to the sayd Woods) yo:u old roague yo:u
were in the hold the other day but if ever I see yo:u in hold againe
I will ?trice yo:u up with a tackle or hee spake other menaceing speeches
to the same effect all which opporobious language & threates and
other passages were soe done & spoken on the open deck in p:rsence
& heareing of this deponent & the Boatswaine & most of the sayd
shipps company And further hee deposeth not./

To the 13:th arle hee saith that imediately after the sayd Grove
had soe threatned and reviled the sayd Wood, hee the sayd
Woods did in a civill & mylde manner demand of the sayd
Grove why he would not lett him have any salt from on board
and the sayd Grove replyed & sayd that the shipp wanted
stiffneing or ballast whereto the sayd Wood answered and sayd
to the sayd Grove why then did yo:w not a day agoe send for
more stones whereto the sayd Grove replyed and sayd hee had forgott
it & the sayd Woods then asked the sayd Grove what hee would doe
when he had more stones aboard whereto the sayd Grove replyed
and sayd that then hee would carry them on shoare againe And
these speeches passed betwixt the sayd Grove & Woods publiquely
upon the deck in p:rsence & hearing of this deponent and most of
the shipps Company the sayd Wood speakeing soe loude and with
such rage & fury that people who stood on shoare stood gazeing
and wondering to see & heare such words & behaviour proceede
from a Master of a shipp to his Supracargoe./

To the 14:th arle hee saith that the ayd Woods being discontented
with the forementioned words & actions of the sayd Grove went on
shoare leaving the arlate William Tizard one of the Mates of the
shipp aboard with the sayd Grove the master, and this deponent
went a shoare with the sayd Woods & therefore knoweth not what
words passed aboard then betwixt the sayd Tizard & Grove, but hath
heard the sayd Grove at severall other tymes (speakeing of the sayd
Tizard & this deponent & most of the Officers of the shipp who were
all ?hyred by the sayd Woods) in an anXXX manner sayd that there was a knott of them
but hee would breake them And hee saith that while this deponent
was soe on shoare with the sayd Woods the sayd Tizard came on
shoare and brought a noate from the sayd Grove & delivered the
same to the sayd Woods which noate the sayd Woods was before this
deponent & the sayd Tizard & divers other persons wherein (as the sayd
Woods read the same) is appeared that the sayd Grove had written that
what//



P1110853 f. 3 verso

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//what salt hee wanted or would send for out of the sayd shipp
be delivered unto him And further hee cannot depose.

To the 15:th arle of the sayd libell hee saith that the sayd M:r Woods haveing receaved the
sayd noate soe XXXX to be very glad thereof and sent this deponent to M:r Ellot
& M:r Pardon & Robert Rogers & Captaine Reynolds and others Who were by contract
to have salt from aboard the sayd shipp and desyred them to send
their boates aboard the sayd shipp for the salt which the sayd Woods had
sould unto them whereto the sayd people replyed that the dievell should have
him before they would goe againe to receave salt from aboard ?him yet
notwithstanding the fishing tyme being almost spent and they being in great
want of salt they sent their boates againe aboard the sayd shipp for
salt and demanded the same but the sayd Grove would not permitt
them to receave any salt from aboard the sayd shipp by which meanes
the sayd Wood began to loose his reputation in the
sale of his salt abd was discharged amongst those to wheome hee
had sold it whereas hgee neede not soe to have bin for that there was
of this deponents knowledge then aboard the sayd shipp about thirty
tonnes of ffish and about sixty tonnes of salt abd about sixty tonnes
of stones besides great store of provisions of beefe ?pocks pease and
other provisions and the ship then rideing in the harbour of S:t ?Jones
which is the safest and best or at least as good and
safe a harbour as any is in the Newfound land soe that in ?this the
deponents Judgment the sayd Grove by such two refractory and
discontented Carriage and words & actions did intend
to overthrow the sayd shipps voyage And further hee cannot depose/

To the 16:th hee cannot depose./

To the 17:th hee cannot depose/

To the 18:th hee cannot depose/

To the 19:th hee saith that in the moneth of September 1657 (the certayne
day hee remembreth not) the Pease being come out some few dayes before
from Newfound Land the shipp the Pease & her company of espied XXXX
shipps at Sea which they thought to be some of her consorts
bound for the Barbados And the Pease bearing up to them the Master
& Company of the Pease know the shipp they came up with all to be one
that came out in Company of the Pease from Nants and thereupon
the sayd Grove the Master persuaded the sayd Woods to goe aboard the sayd shipp
which at his request hee did (though hee being accompayed with Robert ?Grove one of the sayd Masters Mates so sayd Woods were XXX unwilling soe to do
and ?hee sent the Pease her boate aboard her againe, And this being done
and the sayd Grove the Master still continewing aboard his sayd
shipp the Pease the sayd shipp the Pease by order of the sayd Grove the
Master stood off about halfe a league from the sayd other shipp that came
in her company from Nants and then stood to the winde of her and by ?this
meanes came her aboard in the quarter to the great endangereing
of the sayd shipps insoemuch that the ffrench men aboard the sayd shipp
seeing the great danger their says shipp was in gott out of her into XX XXX
leaving//



P1110854 f. 4 recto

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//leaving the arlate Luke Wards in the sayd ffrench shipp who with
much danger of his life by getting hold of the ?ragles of the heads of
the Pease when they came fowle one of an other with much difficulty
came aboard the Pease with the assistance of one James Jenkins one of the Pease her company who tooke hold of RXXXX & helpeth him All which this deponent well knoweth was
soe done by the command and order of the sayd Grove the Master
notwithstanding that the Mates of the Pease & others of the
Company advised the sayd Grove the Master before hee
came within a quarter of a myle of the sayd shipp to leave up
to ne Lee ward of her or to the winde wards of her which hee might
easily have done & have avoided falling fowle of her And saith the sayd Grove was soe displeased with the sayd Jenkings for helping the sayd Woods aboard hath XX beate & abused
the sayd Jenkins afterwards during the ?whole XXXXX And further he cannot depose/

To the 20:th arle hee saith that hee well knoweth and heard the sayd
Luke Woods upon the departure of the shipp Pease from the New found
land give order to the arlate Thomas Grove to sayle the sayd shipp
directly for the Barabados And hee this deponent heard the
Mates of the sayd Shipp sayd that the sayd Thomas Grove did not
cause the sayd shipp to bee steerd a course sufficient towards the
Southwards to gaine the Barbados And knoweth that the sayd
Thomas by his steering on his owne course contrary to the advise
of his sayd Mates did misse the Island of Barbados and
came to the Island of S:t Lusea in the moneth of November 1657
And further hee cannot depose/

To the 21:th hee cannot depose/

To the 22:th hee saith hee knoweth that about the beginning of the moneth
of March 1657 there came in a KelXX into NXXXX (where the Pease
then lay) laden with ffish & other provisions whereof the arlate
Holloway was accompted Merchant & Owner And further to
this arle hee cannot depose/

To the 23:th arle hee saith that while the sayd shipp stayed at MXXX
hee heard divers of the Planters there saye that they would
have laded goods aboard the sayd ship the Pease but that they
sawe that the arlate Thomas Grove was a man of lewde
and debauched behaviour and therefore they dearst not trust
him with their goods or words to that effect for which reason
hee beleeveth that the sayd Woods was much damnified by the
sayd Groves debauched behaviour and lost much ladeing there
which otherwise hee might have had And further hee cannot depose./

To the 24:th arle hee saith that hee well knoweth that the arlate
Thomas Grove did at New found land ?stowe aboard the Gunne
deck of the Pease five casks of Oyle when as there was roome sufficient in the hold for the sayd, & XXX XXX the sayd Woods ?& to stowe it in hold, and refused soe to doe XXXX oyle of ?her
?this//



P1110855 f. 4 verso

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//this deponents knowledge did leake out and came downe
amongst the Merchants fish and much damnified the same
in soe much that when the same came to be sold at ?Mevis where
other ffish was there sold for a pound of sugar for every pound of
fish the sayd Woods was faine to sell the sayd fish soe damnified
some of it at halfe that price and some at lesse than halfe that
price, to the great dammage of the sayd Luke Woods.
This hee deposeth of certayne knowledge And farther hee cannot depose,

To the 25:th arle hee cannot depose/

To the 26:th hee saith that the arlate Luke Woods was during the ?sayd
voyage (of this deponents sight & observation) very industrious and
carefull in mannageing of the affayres of the sayd shipp the Pease
committed to his charge and in the sale & disposall of er goods and
Merchandizes & in buying & reladeing her with ithers And hee this
deponent is verily persuaded in his conscience that if the sayd
Thomas Groves had used the like diligence in performance of his
duty as Master & not behaved him selfe in such refractory and disXXXX
manner as is afore declared the sayd shipp might have dischraged
her voyage fower or five moneths sooner than shee did And further
hee cannot depose/

To the 27:th arle hee saith that in case the sayd shipp the Pease had
arrived at the Barbados whether shee was bound with her ladeing
from Newfound land the sayd Woods might in this deponents Judg
ment and as hee verily beleeveth) In all probability habe sold
& disposed there of the sayd ffish & other goods whilst the same was sounde marketX
& well conditioned, & at good valew, & made quick returne thence
to London abd quicker by at least five or sixe monethes than hee
did whereas the sayd ffish & other goods (whereof
the sayd Luke Woods had three eighth parts upon his Accompt) were
much damnified the fish growing rotten & divers Caskes of oyle
which the sayd Woods had aboard growing very leakie in soe much that many of them leaked cleare out by reason of
their lying soe long undisposed of And further hee cannot depose/

To the 28:th hee saith that in his this deponents Judgment the sayd Luke XXX
did susteyne losse & dammage in the sale of ?the three eighth parts of the
sayd shipp the Pease her ladeing of ffish & other goods more than whXXXX
hee might have made of them at the Barbados if the sayd shipp
had not missed her course thither the summe of three hundred pounds
sterling or neere thereabouts besides the losse of about fower or five
moneths tyme for which the sayd Woods payed or was to pay freight
And further hee cannot depose/
To//



P1110856 f. 5 recto

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//To the 29:th saving his forefoing deposiccon hee canot depose

To the 30:th hee saith that the shipp Peace was of the burthen of ?two [this figure appears to have been blotted out]
hundred tonnes or neere thereabouts and that of his this deponents
knowledge shee came home about halfe dead freighted for that
the arlate Luke Woods beside the dammage hee susteyned in the sale
of his three eighth parts of the sayd shipps ladeing of ffish & other
Merchandizes did suffer losse and dammage in the sayd shipps want
of ladeing home the simme of two hundred pounds sterling or
neere thereabouts in this deponents Judgement & estimate And further
hee cannot depose./

To the 31:th arle hee saith that the monethly wages of the Master
& Mariners of the shipp Peace & the victualls & provisions by them
monethly spent during the voyage in question did amount to a great
& considerable summe of money but what to estimate the same
as hee knoweth not And further cannot depose./

To the 32:th arle hee saith that in his this deponents Judgment the
shipp the Peace her voyage was overthrowne and spoiled by the
evell (sic) behaviour of the sayd Thomas Grove therein the sayd Grove behaving
him selfe in that rude and uncivill manner wheresoever hee came
during the sayd voyage that such persons as had heard of or sawe his
behaviour did not care to have anything to doe with him the sayd
Grave or the arlate Luke Woods for his sake and therefore diverse of them
did forbeare the ladeing of their goods aboard the sayd shipp of this
deponents sight (OR, right) & certayne knowledge and such the sayd Groves rude
and uncivill behaviour was generall observed and taken notice of
by the whole shipps Company and by divers who had occasion to
lade goods aboard the sayd shipp and have dealings with the sayd
Luke Woods And further hee deposeth not./

To the 33:th and 34:th arles hee saith hee well knoweth that the sayd Grove did
not only in remote parts beyond the seas behave him selfe in such
rude and disobedient manner as is before declared but alsoe after
the sayd shipp was returned to Plymouth from the voyage in question
the sayd Grove by his stubborne & refractory carriage there
and his refuseing to obey the orders of the sayd Luke Woods
was an occasion of the sayd shipps stay there a much longer tyme
than shee needed to have done by reason that seavrll Merchants who
had goods aboard the sayd shipp and which were there to be delivered
came aboard to demand their goods, and brought their bills of ladeing
and severall tymes demanded them andthe sayd Grove refused to
deliver them, and stayed there about tenn dayes whereas hee might
have there discharged all the goods hee was there to unlade in three dayes
tyme at the most & then might have had the oportunity of a fayer
winde to sayle for London which oportunitie the sayd Grove by his sayd
refractory carriage lost & the winde by his long stay there coming
contrary//



P1110857 f. 5 verso

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//the sayd shipp could not get there and arrive at London soe soone
as otherwise shee might have done if the sayd Grove had behaved
him selfe civilly and bin obedient to order as hee ought to have
done by a moneths tyme or thereabouts And these p:rmisses hee saith
were and are well knowne bot only to this deponent but also to the
whole shipps company & alsoe to the Merchants who soe came to demand
their goods And further hee cannot depose knowing nothing touching the
makeing of the Protests arlate./

To the 35:th arle hee saith hee well remembreth that at Mevis this deponent
& Robert Grove Cheife Mate of the Peace & William Tizard another mate of
the sayd shipp & one Robert Chipp the Gunner of her were produced as
witnesses before Captaine Morton Captaine Russell Captaine Smith
& other officers under the Governour at Mevis upon Interrogatories given
in before them against the sayd Thomas Grove the Master who was
?convened & appeared before them) touching his evell & disobedient carriage
in the sayd voyage at Newfound landX, which notwithstanding the sayd
Grove still continued his obstinate & refractory carriage and did upon
all occasions endeavour the overthrowe of the voyage in question in
manner as is before described And further hee cannot depose./

To the 36:th and 37:th arles hee saith hee referreth him selfe to the
Registery of this Court to the lawe, and to his foregoeing deposition &
further cannot depose./

To the 38:th arle hee saith hee beleevth and is verily perswaded in
his conscience that the arlate Luke Woods by reason of the sayd Thomas
Grove his sayd obstinate and refractory behaviour hath suffered losse and
dammage beside the dammage in his foregoeing deposition
mentioned, to a considerable value, but what to estimate
the same at hee knoweth not And further hee cannot depose

To the 39:th arle hee saith hee referreth him selfe to his
foregoeing deposition and to the lawe and further cannot depose./

To the 40:th hee saith the arlate Thomas Grove was & is an
Englishman & an Inhabitant of the parish of Stepney and subiect
to the Jurisdiction of this Court./

To the last hee saith his foregoeing deposition is true

The marke of the sayd

PETER XXXXX BARTLET
******************************************************

Case: Luke Wood x:r ag:t the Peace and ag:t Thomas Grove:: Examination: 2. Richard Blake, of Ratcliffe, Stepney, Middlesex, Mariner, aged 30: Date: January 14th 1658


The 14:th of January 1658

Examined on the sayd Libell./

Rp.

2:us RICHARD CLAKE of Ratcliff in the pish of Stepney
and County of Midd Mariner aged thirty yeares of
therabouts a wittnesse sworne & examined saith and
deposeth as followeth vizt

To the first arle of the sayd allegation [allegation has been crossed out] libell hee saith by reason hee
this deponent went Boat swaine of the shipp Pease the voyage in question
and was hired to serve as Boatswaine about the seaventh of March 1656 he
knoweth//



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//knoweth that the arlate Thomas Grove then and alsoe during
all the tyme arlate in the yeares 1657 and 1658 was Master and
Commander of the sayd shipp Pease and had the charge and government
of her as Master during the voyage in question And hee beleeveth
the sayd Thomas Grove went soe master of her the sayd voyage by the
Consent & approbation of the arlate Vincent de la barre & Thomas delavall
and the rest of the Owners of the sayd shipp And for Master of her the
sayd voyage the sayd Thomas Grove was commonly reputed And further
to this arle hee cannot depose./

To the 2 arle of the libell hee saith that the sayd shipp having at
London taken in her provisions & other necessaries did in the moneth
of March 1656 sett sayle from London to Gravesend and having cleered
?their sett sayle thence about the seaven or eight and twentieth of March
1657 English Style bound forth on a voyage from London to
ffrance and thence to Newfound land and thence to the Barbadoes
and further to this arle hee cannot depose being not privie to the
bargaine made by the sayd Grove with the arlate Luke Woods touching any parte of the sayd shipp hyred by the sayd Woods but for
more certaynety therein referreth him selfe to the Charterparty made
between them thereabout./

To the third arle hee saith hee well knoweth being Boatswaine as
aforesayd that the arlate John Brewer and Edward Crispe were
commonly reputed the lawfull Owners and Proprietors of five
eighth parts of the sayd shipp the Pease & her tackle and furniture
And knoweth that they did upon their owne charge & Adventure as
Owners & freighters freight and imploy the sayd five eighth parts
of her for their owne use And saith that hee well knoweth that
the arlate Luke Woods did goe the voyage in question absolute and
sole Supracargo & manager of the sayd shipp Pease as well for the parts that XXXXXXX
hee the sayd Woods had hyred as for the other five eighths which
was soe freighted by and belonged to the sayde Brewer and Crispe
And was soe impowered to goe Supracargo and sole manager of the sayd Brewer
& Crispe their five eighth parts by the sayde Brewer and Crispe (as
the sayd Luke Wood did affirme to this deponent & other of the sayd
shipps Company and as this deponent verily beleeveth And further
hee cannot depose/

To the 4:th arle of the sayd libell hee saith that soone after this
deponent was first shipped aboard the sayd shipp Pease as Boatswaine
the sayd Thomas Grove the Master told this deponent that although hee
the sayd Grove had hyred this deponent yet Luke Woods (meaning the
arlate Luke Woods) was to be his this deponents paymaster for
that (as the sayd Grove acknowledged & sayd) the sayd Woods was sole
supracargo of the sayd shipp as well for the sayd Brewer & Crispe
their five eighth parts of the shipp as for the other three eighth parts
of the sayd shipp, and was to pay & beare in behalfe of him selfe &
the said Brewer & Crispe all charges of victualls and
provisions and wages for the Master and Mariners of the sayd shipp
and//



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//and hee this deponent verily beleeveth that the sayd Woods being
sole supracargo of the sayed shipp for the voyage in question both
the Master and Mariners ought to obey and observe the orders
of the sayd Luke Woods as Supracargo as touching the lading unlading
and reladeing of the sayd shipp & to goe with the shipps boate, & with the
sayd shipp from place to place according as the sayd Woods should
for his best advantage of tradeing in the sayd voyage direct and
appoint And further to this arle hee cannot depose not being p:rsent
at the writeing or signeing of the Schedule arlate

To the 5:th and 6:th arles of the sayd libell hee saith that the sayd
shipp the Pease after her departure from Gravesend being in her course
towards ffrance she was by Contrary winds put into ffalmouth where
she lay winde bound for neere about thirteene dayes And on or about
the seaventeenth of Aprill 1657 the winde came fayer & the sayd Luke
Woods & the sayd Thomas Grove being then on shoare & hee this deponent
aboard, hee knoweth not what words passed on shoare betweene them but
well knoweth that they came both aboard the sayd shipp togeather about
two of the Clock in the afternoone that day and that as soone as they
came aboard they sent Thomas Yeomans one of the Mates of the XX
with the shipps boate to cleere at the Castle, and in the meane
tyme while the sayd Mate was goeing to cleere the sayd Grove com-
manded the sayd shipp to be brought to sayle and before the
Anchors could be gott aboard & the shipp fitted to sayle, there being
a Country boate lyeing by the shipps side the sayd Thomas Grove the
master would needes goe on shoare againe in that Country boate
and did goe ashoare in it notwithstanding that the sayd Luke
Woods seeing him about soe to doe did in p:rsence of this deponent &
divers of the shipps company earnestly perswade and entreate
the sayd Thomas Grove not to goe on shoare againe and told him XX
XXX his goeing a shoare would be a great hinderance to the voyage
the shipp being bound upon a fishing designe & the season somewhat spent
allready by the shipps lying soe long winde bound as she had done
& the winde then ?seerveing gfayre for her departure (as in deede it did)
but the sayd Grove notwithstanding such perswasions went ashoare and
there stayed most part of that night ashoare and came againe
aboard the sayd shipp about two a clock in the morning, in the
shipps boate which was sent after him to attend him and bring
him aboard And hee saith the sayd Thomas grove being come againe
aboard the sayd shipp did publiquely upon the deck in p:rsence of
this deponent & divers others of the shipps company, speake in an?gry
manner and sayd thus or the like in effect there are some on board
that thinke much of my being on shoare but I care not, and
further sayd that shee (meaning the sayd shipp Pease) should ride
there//



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//there longer yet, and soe the sayd Grove kept the sayd shipp at Anchor about an
howers space after hee soe came aboard and then after his anger
was over gave order to weigh Anchor, and soe sett sayle the
p:rmisses hee deposeth off sight (OR, right) & certayne knowledge And further hee
cannot depose./.

To the 7:th arle hee saith that after the arrivall of the shipp Pease
at S:t leforne in ffrance the sayd Luke Woods being gone on shoare
to provide salt to lade the sayd shipp and having
?sent severall boates with salt, which were receaved on board.
the sayd Woods did about the fifth or sixth of May 1657 send
fower or five boates (more than what had formerly bin taken aboard)
with salt, and they being come to the shipp side the sayd Grove the
Master being aboard turnedd two of the sayd boate loades of salt
back againe & would not receave them aboard, saying his shipp
was at her load marke with what good jee had allready receaved
aboard her, and therefore hee would take noe more salt aboard,
and thereupon tooke this deponents penn & Xuke & writt a noate
and delivered the same to one of the boatmen whose boate loads
of salt were not receaved aboard & willed him in this deponents
sight & hearing to give that noate to M:r Woods (XXXXing the foursayd
Luke Woods) the contents of the sayd noate this deponent knoweth not
but as the sayd Grove told him this deponent the contenxt thereof
was to ?Call the sayd M:r Woods knowe tha the sayd shipp was fully
laden with the goods ?she had on board & that therefore hee could noz
take those two boates of salt more aboard And darther to this arle
he cannot depose knowinhg nothing touching what dammage the sayd
Woods suffered by the sayd Groves XXXXing back the sayd salt.

To the 3:th hee saith hee knoweth that the shipp Pearce being at
Leforns aforesayd and ready to sett sayle thence the arlate Luke
Woods did with fower of the shipps company goe on shoare to make
XXXX (as hee sayd) his Accomptes that soe hee might

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//in the beginning of the moneth of August 1657 the weather for ?some
dayes continued fowle and foggie soe that ?certyne fish which the arle
Luke Woods at Newfound land provided to be laden aboard the Pease by way
of the fowle & foggie weather, (it being very preXXXXX to lade fish
aboard a shipp the unlesse in fayere & cleare weather) could not be laden And saith that upon
the fifteenth day of August 1657 the weather proveing fayre & very fitt
& convenient to lade fish aboard in, the arlate Luke Wood & M:r Tizard
called early in the morning for the marriners of the Pearse who were
aboarde (there being then ashoare only about tenn or twelve Mariners of her company
who constantly continewed a shoare there to helpe to prepare fish om a
readinesse to be laden aboard) to come on shoare with their ?boats
and assiste in ladeing the fish which was prepared in a readinesse
aboard the sayd shipp while the weather was fayer, (bit how many kintalls
wer then p:rpared hee knoweth not hee being seldome on shoare by reason
of his office of Boat swaine) And saith that the arlate Thomas Grove
did upon such the sayd Woods & Tizards calling for men to assiste them
send some men ashoare (beside those which used to XXXXXX take on shoare),
but how many hee remembreth not) And kept the ?part of the Company
aboard & imployed them to pick Okum for
the Carpenter to use about the sayd shipp And saith hee remembreth not
how many kintalls of fish were laden aboard the sayd shipp that day
but beleeveth that if more men had bin sent a shoare more fish might have bin laden aboard the sayd shipp that day than was
laden aboard her And further to these arles hee cannot depose./

To the 12:th and 13:th arles hee saith that about the one & twentieth day of August
1657 arlate the sayd Luke Woods having bin on shoare came aboard the Pearse &
brought with him two boates to fetch salt from aboard the sayd shipp
for ?foure persons who had bought the same of him and being
Come aboard

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//in Company togeather at the sayd Wood house in Newfound Land

To the 18:th hee saith hee cannot depose not being p:rsent at the tyme
and place arlate./

To the 19:th arle hee saith that about the twenty eighth day of 7:ber
1657 in the morning the Master & Company of the Pease espied three shipps
which at a distance they thought to be some shipps bound for the Barbados
as the Pease was, & bearing up to them the Master & Company of the Pease
?knew the shipp they came up with to bee a ?banXer that came out in company
with the Pease from Nants And saith that what perswasion the sayd Thomas
Grove the Master used to the effect arlate hee knoweth not but knoweth that
Luke Woods did in Company of Robert Grave one of the sayd Thomas
Groves Mates goe aboard the sayd ffrench shipp which soe came from Nants
in Company of the Pease, and then sent the boate they went in back againe
aboard the Pease, & the sayd boate being come the sayd shipp the Pease stood
away from the sayd aXXX shipp about halfe a league & then steered
and stood to the windewards of the sayd other shipp and by that meanes
came her aboard in the quarter & thereby much endangered the losse
of both the sayd shipps in soe much that the ffrench men aboard the
sayd ffrench ship sseing the sanger their shipp was in rann all (save
one that was sick aboard her) aboard the Pease to secure their lives
leaving the arlate Luke Woods aboard the sayd ffrench shipp who with
much difficulty and the helpe of one of the Company of the Pease
who caught hold of the sayd Wood (as hee hung by the head of
the Pease) to p:rserve him from falling into the Sea) gott at length
on board the Pearse All which hee saith was done by order and
Command of the sayd Thomas Grove the Master of the Pearse
although this deponent seeing him order such a coarse to be
steered XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxx told the sayd Grove the Master when hee came XXXX at
neere the sayd ffrench shipp that hee soe by the Course that
was steered that hee the sayd Grove would come fowle in ?deede
could not goe cleere of the sayd ffrench shipp And further to this
arle hee cannot depose

To the 20:th hee saith that the sayd Shipp Pease was from the Newfound
land bound for the Barbados and saith that of ?his this
deponents observation and knowledge the sayd Grove never brought
the sayd shipp into her due XXXXX to sayle for the Barbadoes, but
by the coarse hee kept did misse the Barbados
and made S:t Lusea arlate and about the eighth
of November 1657 arrived with the shipp Pease at Mevis arlate
And further to this arle hee cannot depose not knowing what p:rticular
order the sayd Wood gave the sayd Grove the Master touching her goeing
to the Barbadoes or what discourse passed betwixt the sayd Woods and
the sayd Thomas Grove the Master & her mates touching the steering of
the Course for y:e sd Barbadoes or what answeare the sayd Groves made
them about the same./://



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//To the 21:th hee saith hee heard the sayd Luke Woods saye openly upon
the deck to the sayd Thomas Grove (while the Pease lay ar Mevis the
tyme more certaynely hee doth not remember) that the sayd Grove hath
broken his Charterpty And the sayd Grovein an angrie manner
p:rsently imployed and syd if I have broken my Charterpty then I
will ruine all & ?XXX words passed betwixt them on the deck in XXXX
of this deponent & divers others of the shipps company And further to
rhis XXX arle hee cannot depose

To the 20:th hee saith that the Pease by XXXXX missed the
Barbados as aforesayd did lye at Mevis in disposeing of her
fish & other Co?jmmodities from the eighth of November till about
the middle of June next following And hee alsoe saith that hee
well knoweth that aboaut the beginning of March 1657 there came
a ?KotXy to Mevis with fish whereof the arlate Holloway (whome
this deponent well knoweth) was Merchant, And hee saith that
the said Holloway did at Mevis tell this deponent that the sayd
Thomas Grove & hee the sayd Hollway hath there had conference
together & that the sayd Grove told him the sayd Holloway, that he
the sayd Grove would take such a course that the old roague Luke
Woods should sell noe fish there for as the sayd Holloway
sayd the sayd Grove told him that hee the sayd Grove had sold all
his owne fish, and that one pound of the sayd Hollowaies fish were
worth sixe pounds of the fish avoard the Pease And that hee the
sayd Grove XXXX helpe the sayd Holloway to sell all his fish
And further to this arle hee cannot depose./



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Case: XXXX: Examination: 3 Thomas Capell, of S:t Mary Matsellon, als Whitechappell, Cooper, aged 22: Date; January 16th (English Style), 1658


//The 16:th of January 1658 English style/

Rp

3 THOMAS CAPELL of the parish of S:t Mary Matsellon
als Whitechappell Cooper aged twenty two yeares
or thereabouts a wittnesse sworne and examined saith
and deposeth as followeth viz:t./

To the first arle of the sayd Libell hee saith that hee this deponent
was in the yeare one thousand sixe hundred fifty sixe hyred by M:r Luke
Woods supracargoe of the shipp the Pease to goe Cooper of her for the voyage
in question and saith that at the tyme when this deponent was soe hyred the
arlate Thomas Grove was Master and Commander of the sayd shipp
and had the charge and government of her as Master during the whole
Voyage in question And for Master of her during the sayd voyage the sayd
Thomas Grove was commonly accompted m and was reputed to bee soe
made master of her by the arlate Vincent de Labarr & Thomas de Lavall
& by John ?Brewer & Edward Crispe Owners of the sayd shipp and
further to this arle hee cannot depose/

To the 2 arle of the sayd libell hee saith that the sayd shipp the Peace
being in the yeare 1656 fitted for the voyage in question fell downe from
London to Gravesend and thence departed in the sayd Moneth of March 1656 or
1657 English style bound for ffrance and thence to Newfound Land and
thence to the Barbados & thence back againe for London And further to this
arle hee cannot depose not being privie to the agreement made betweene
the sayd Wood and Grove touching the three eighth parts of the sayd ship
Pease belonging the the arlate delabarr & delavall; but hath heard & beleeveth
that the sayd Wood did hyre the sayd three eighth parts of the sayd shipp of the
sayd Grove for a valuable consideration And further hee cannot depose,

To the 3 arle hee saith that during the tyme p:rdeposed of the arlate John
Brewer & Edward Crispe were commonly reputed the lawfull Owners &
proprietors of the other five eighth parts of the ship Pease and her tackle
and furniture, and did imploye the sayd five eighth parts for their owne
use and Adventure, and as hee beleeveth upon their owne charge And
hee saith that hee hath credibly heard & beleeveth that the sayd ?Brewer
and Crispe did in trust the sayd Luke Woods to goe supracargo of
the sayd shipp the sayd voyage as well for them and the mannagement of
their five eighth parts of the sayd shipp as for him selfe and the
mannagement of the other three eighth parts thereof which the sayd Woods
as hee hath heard & beleeveth hyred of the sayd Grove as aforesayd and
further hee cannot depose/

To the 4:th hee saith that hee beleeveth that the arlate Luke Woods, was
to pay & beare & did in his owne behalfe pay & beare three eighth parts
of the Shipp Pease her victualls & provisions & of her Masters and
mariners wages of her during the voyage in question and did alsoe
as supracargo for the sayd Brewer & Crispe of their other five eigh tha
parts of the sayd shipp in their behalfe pay and beare the sayd other
five eighth partes of the sayd shipps victualls and provisions of the
master & Mariners wages during the sayd voyages And this deponent
knoweth that the sayd Luke Woods hyred the most of the Mariners that
XXXX//



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Case: Maurice Thompson Alderman William Thompson et al., freighters of the Maydenhead vs. the VOC: Deposition: 5. William Reading, of Redriff wall, St Mary Magdalen Bermondsey, Surrey, Mariner, aged 35: Date: January 19th 1658


//The 19:th day of January 1658 English style

Maurice Thompson Alderman William Thompson)
& other freighters of the shipp the Maydenhead)
agt the Dutch East India Company in pticular and)
all other x:r X XXXXXX)

Examined on the allegation given in
XX XXX of November 1658 on behalfe of
the sayd ffreighters

5 WILLIAM READING of Rederiff wall
in the parish of S:t Mary Magdalen Bermond-
sey in the County of Surrey mariner aged
thirty five yeares or thereabouts a wittnesse
sworne & examined saith and deposeth
as followeth viz:t

To the 10:th arle of the sayd allegation hee saith that hee
this deponent was purser of the shipp the Olive Branch an
English shipp which went upon a tradeing voyage from London bound
for Bantam but at her comeing thither the sayd shipp Olive
Branch was hindred by certayne dutch shipps of warr belonging
to and being in the implyment of the dutch East India Company
by which meanes ?they wwas forced to goe to an Island in XXX
PaXXogando upon the Coast of Sumatra and there pXXXX her lading
of pepper to be brought
secretly unknowne to the dutch in XXXX or boates from
Bantam to the sayd Island of Pullegand:o where the shipp the
Olive Branch ridd And saith that hee being XXXX a foresayd Puerser
of the sayd shipp and on XXXX at Bantam during the moneths
of January ffebruary and part of March in the yeare of our
Lord 1656 while the lading of pepper which was shipped aboard
the Olive Branch was proXXXing at Bantam to be sent to
Pollegaade and takeing the weight there of and imployed in
sending the same away thaereby knoweth that in the yeare and
moneth aforesayd pepper might then have bin hard at Bantam bought
of the Chinese (sic) & was by the Chinese offered XXXXXXXXXX
there to be sold to ?sayth as would buy the same at the rate of five
and a halfe pence alright or XXXX for the parcell every parcell
being comonly accompted one hundred sixty two pounds English weight
And saith that the Olive Branch having taken in her ladeing
of pepper at ?Pulligaade XXXXX XXXXX and brought the same
to Ligorno which was according to Charterpty the Port whither
she was designed to carry the same And hee this deponent goeing
Purser in her to Ligorno knoweth that in the Moneths of ffebruary
and March 1657 in which moneths the sayd shipp Olive Branch
was & remayned in the Port of Ligorno XXXX pepper was brought in XXXX was there frequently
and commonly sold at the rate of twenty peeces of eight
per hundred English weight, and hee this deponent having some
pepper pf his owne which was brought hither in the sayd shipp
did there sell the same at som what a bove
that rate of twenty peeces of eight per hundred English weight
And further to this arle hee cannot depose.

To the rest of the articles hee is not examinat, by ?direction

WILLIAM READING [His signature]

Repetit before Dor Godolphin//



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//seized by the Commanders & Companyes of the sayd dutch
shipps soe in service of the dutch East India Company and the
sayd DEthick utterly deprived of them this hee knoweth being
on board & seeing the seizure thereof And further hee cannot depose/

JAMES BERBLOCK [His signature]

Repeated before dro. Godolphin

Case: ffrancis and John: Examination: 1. James Berblok, of Poplar, Stepney, Middlesex, Mariner, aged 51: Date:February 26th 1658


The 20:th of January 1658

//ffrancis and John:)

1.:us JAMES BERBLOCK of Poplar in the parish of
Stepney and County of Midd mariner aged
fifty one yeares or therabouts sworne before
the right Wor:ll John Godolphin doctor of Lawes
one of the Judges of the high Court of Admiralty
and examined for perpetuall remembrance of
the matter upon certayne Interries ministred
on the parte & behalfe of Thomas Rummings
and Anthony Beale two of y:e Company (vizt the
sayd Rummingsy:e XX Steward and the sayd Beale the
Carpenter) of the shipp the ffrancis & John
whereof Lawrence Bro?Xunding was Comander)
touching their clayme for their goods in the sayd
shipp saith and deposeth as followeth vizt

To the first Interr hee saith hee hath well knowne the Interr
Thomas Rummings & Anthony Beale during the whole tyme
of the voyage in question this deponent goeing Pylott of the
ffrancis & John and the sayd Rimming steward & the sayd
Beale Carpenter off her the sayd voyage and knoweth  ?they were of her company
in the qualities aforesayd at such tyme as the ffrancis & John
and her ladeing were taken & surprised by certaine shipps in the
service of the dutch East India Company./

To the second Interr hee saith hee well kniweth that the Interrogate
Thomas Rummings & Anthony Beale had each of them conside
rable quantities of white pepper, greene ginger white sugar
Casialignmum Tamerin and ?Cande but the certayne quantitie
hee canntot declare, but ?reall beleeveth and is persuaded in
his conscience that the same was worth sold in England in all five hundred
pounds sterling vizt the sayd Thomas Rummings his sayd goods worth
three hundred pounds sterling and the sayd Anthony Beales sayd goods
worth two hundred pounds of like money All which goods hee saith
were on board the sayd shipp ffrancis & John for Accompt of the sayd
Rumming and Beale at ?say tyme as the sayd shipp & her ladeing were seized
& surprized by the sayd dutch shipps in service of the dutch East India
Company and were seized by the Commanders and Companies
of the sayd dutch shipps and the sayd Rummings & Beale thereby
depXXXd of all or at least of a great part thereof XXXXX knoweth being Pylott and aboard at the seizure And further
to this Interr hee cannot depose./

JAMES BEEBLOK [His signature]

Repeated before doc:r Godolphin///



P1110880 f. 16 verso

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Case: Samuel Wilson Thomas Plampioan and John Turner Merchants of London part owners of the ffrancis & John: Examination: Captaine Laurence Browning, of Ratcliffe, Stepney, Middlesex, Mariner, master or Comander of the ffrancis & John, aged 52


The 21.;th day of January 1658./.

On the behalfe of Samuel Wilson Thomas Plampian and)
John Turner Merchants of London)
ptiwners of the ship ffrancis
and John Laurence Browning Comand:r)
ffrancklin:/

Rp.

CAPTAINE LAURENCE BROWNING
of Ratcliffe in the parish of Stepney
and County of Midds Mariner M:r or
Comander of the Ship the ffrancis and
John: aged 52 yeeres of thereabouts, sworne
before the right wor:ll John Godolphin D:r
of Lawes. one of the Judges of the High Vourt
of the Admiralty of England and Examined upon
certaine Interrie given in by M:r ffrancklin
on the behalfe of the Said Samuell Wilson, Thomas ?Plampian and
John Turner: saith and deposeth as followeth viz:t.

To the said Interrie hee saith and deposeth that this
depo:t very well knoweth the said Samuel Wilson, Thomas
Plampian and John Turner, who were as hee saith own:rs
of the greatest part of the said shipp the ffrancis and John
and saith that at the time of the seizure of the said ship
and her Lading, by some of the ships belonging to the
Dutch East India Company of the United Netherlands
there were aboard the said Ship ffrancis and John
two and thirty Musketts w:ch were taken by this depot for the sayd
ships use after her coming into Bantam Roade, he not daring to dispose thereof at Bantam and saith the same really and truely belonged
to the said Samuel Wilson Thomas Plampian and
John Turn?rer; and ?full the said two and thirty Musektts
(as hee saith) were seized in y:e said ship ffrancis and
John



P1110881 f. 17 recto

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Case: XXXX ag:t Church: Examination: 4. Adam Veale, of St Mary Magdalen, Bermondsey, Shipwright, aged 48: Date: January 21st 1658 English Style


//The 21:th of January 1658 English Style

XXXX ag:t Church)
?Badd Smith)

Examined on an allegation on behalfe of the sayd
?SereXXX and others

1:us ADAM BEALE of the pish of S:t Mary Magdalen
Bermondsey Shipwright aged forty eight yeares
or thereabouts a wittnesse sworne & examined saith
adn deposeth as followeth viz:t./.

To the first arle hee saith hee cannot depose saving his subsequent depon/

To the 2 arle hee saith that the ship Consent having receaved ?hurt
& being sunke which happened as hee hath heard by bilgeing upon an other shipps Anchor viz:t upon the
Anchor of a shipp called the Phoenix & this deponent
and one M:r Eames & one M:r Hagdon all Shipwrights were by
Captaine SXXXX the Master of the Consent & by order of other the
Owners of her requested to take a view of the sayd shipp Consent
& the dammage & hurt shee had receaved (which as it was sayd shee
had receaved by being bilged upon y,e sayd Anchor) and upon XXXX ?and
?seaven made by this deponent & the sayd ?Zames and Heydon it did to them
appeare that the Consent had three of her floore timbers and
sixe of her Navell timbers on the larboard side broken for the
makeing good whereof it could not be ?avoided but that the ?kilson
in the Midshipps must be taken up and the footewailing must
be taken up from the Navell timber ?heads on the larboard side to
the ffloore tymber heads on the Starboard side and three new floore
tymbers / six new navell tymbers put in the roome of those that
were broken and were of necessity to be taken up in order to the
repayering of the sayd shipp & the footewaileing and the kelson put
downe againe the repayreing & doeing whereof and the materialls
necessary to doe the same will in this deponents Judgement cost one
hundred and fifty pounds sterling And soe much this deponent &
the sayd James & Heydon did uppon the sayd survey Judge and
beleeve that the same would amount into And further to this
arle hee cannot depose.

To the 3 arle hee saith that hee this deponent and the sayd Zames
and Haydon did upon the sayd XXXX finde that the hull of the sayd
shipp the Consent stood in neede of repayering and XXX
could not in their Judgement have XXXX made tight & fitt to goe to sea
under the summe of one hundred & Sixty pounds sterling or thereabouts,
but by what meanes her hull XXXX soe samnified (saving hee
hath alsoe heard the same was damnified by reason of her bilgeing
upon the Phoenix Anchor as a foresayd) hee knoweth not and further hee cannot depose/

To the 4:th arle hee saith hee cannot depose/

To the Interries

To the first Interr hee saith hee cometh to testifie at request of the
sayd ?SergeX being one that made the survey aforesays & saith iz will
be neither perfitt nor p:riudice to this deponent whichsoever of
the pties Litigant prevaile in this suize And to the rest of the Interr
he anwereth negatively./

To the 2 Interr he saith hee hath knowne the Consent for these seaven
yeares last past and the Phoeniy Interr for these ?three yeares last past and//



P1110882 f. 17 verso

//and saith hee last sawe the ?Consent lyeing on shoare at Redriff
about two or three moneths since & saith the last tyme hee sawe the
?shipp was to the best of his now rememberance about a yeares &
a halfe since XXXXX neere Wapping And further to ?this Interest hee XXXX
answereth not seeing the Consent at her first mooreing nor
knowing when she came ?first to moore in the River of
Thames./

To the 3 hee saith hee sXXXX not when the Phoeniy came first to
Anchor And further cannot answere to this Interr

To the 4:hee scannot answere knowing nothing thereof./

To the 5:th hee cannot answere knowing nothing nor haveing heard
any thing touching the contents of this Interrie

To the 6:th hee cannot answere/

To the 7:th hee cannot answere

To the last viz:t the 8:th Interr hee answereth negatively./

ADAM BEALLE [His signature]

Repeated before Do:r Godolphin

************************************************
WHAT FOLIO NO IS THIS?

Case: S:r John Dethicke John Bancks Hugh fforth, and Company: Deposition: George Dethick, of London, Merchant, aged 30: Date: January 24th 1658


//The 24:th day of January 1658 English Style

A business of Examination of witnesses upon
XXXXX Interries XXXXXX XXX the part and
behalfe of S:r John Dethicke John Bancks
Hugh fforth, and Company XXXX certain
XXXXX aboard the shipp the ffrancis & John (Cap:t
XX XXXX Commander) XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
of XXXXX the XXXXXXXX of the Dutch East India
Company.
ffrancklin

Rp

GEORGE DETHICK of London Merchant
aged thirty yeares or thereabouts, a
wittnesse sworne before the right Wor:ll
John Godolphin doctor of Lawes one of
the Judges of the high Court of Admiralty
of England saith and deposeth viz:t.

To the first Interrogatorie hee saith that hee well knoweth that the
Interrogate Hugh fforth
did in the moneth of ffebruary 1656 cause to be laden and put on board
the Interrogate shipp the ffrancis & John whereof the Interrogate
Lawrence MXXXing was Master, then lyeing in the River of Thames
and bound for Bantam Interrogate two Chests conteyning sixe and
twenty Barres and sixteene XXXX
marked & numbered as in the Margent
to be transported in her for Bantam & their disposed of for his
Accompt & the proceeds thereof to be thence returned in her for his
Account XXXXXXXXX knoweth say that hee went Supracargo of the
sayd shipp the voyage in question XXXXXXXXXXXXXX And further to this Interrorie saving his
subsequent deposition hee cannot depose

To the Interrorie hee saith that hee being XXXXXX as a foresayd
knoweth that upon the ladeing of the two chests and the XXXX XXXXX XXXX
XXXXXXXX aboardthe sayd shipp the sayd Lawrence Browning XXXXXXX
XXXX//



P1110883 f. 18 recto

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//did signe three bills of ladeing all of one tenor for the sayd
two chests of ?Galls and some other goods laden aboard the sayd shipp
and alsoe ?medicaments in the sayd bill of ladeing And hee this deponent
verily beleveeth and is in deede well assured that the schedule Interr
now showne to him at the tyme of this his examination us a true coppy
of one of the sayd bills of ladding soe signed by the sayd Browning
for the sayd two chests of ?Galls & other goods herein mentioned And further to this Interr hee cannot depose

To the 3:d & 4:th Interries hee saith that after the sayd two chests of ?Galls were
soe laden on board the ffrancis & John a factory of them & the contents of
them (whereof the seconde schedule Interrogate now XXXX to him at the
tyme of this his examination is of his certayne knowledge a true
coppy) was delivered unto him this deponent being the Interr George
Dethick And saith hee being supracargoe and on board the ffrancis
& John at the tywme when the sayd shipp and the sayd two chests of
?Galls & other her ladeing were seized by y:e Captaines & Commanders
of certayne men of warr in service of the dutch East India Company
thereby knoweth that the sayd two chests of ?Galls were among other
the goods aboard the sayd shipp seized and came to the hands
and possessopn of the sayd Comanders and their Companyes & the Owners of them XXXXX XXXXX

To the 5:th Interrie hee saith that the sayd two Chests of ?Galls
as by the Invoice of them delivered unto him appeareth were worth
one hundred and two pounds tenn shillings sterling or thereabouts
in England but what profitt they would have yeilded at Bantam or else where
in the East Indies in bartering or selling hee knoweth not And further
cannot answere

GEORGE DETHICK [His signature]

***********************************************************

Case: XXXX Examination: 2 Robert Davies, of London, hHaberdasher, aged 62: Date: Same day


The same day

Rp

2 ROBERT DAVIES of London haberdasher aged
sixty two yeares or thereabouts a wittnesse
sworne before the right Wor:ll John Godolphin
dro:r of Lawe one of the Judges of the high Court
of Admiralty saith and deposeth as followeth viz:t

To the first Interrie hee saith that hee this deponent being a
haberdasher by trade knowes that the Interrogate S:r John Dethick
John Bankes Hugh fforth and Company did in the moneth of ffebruary 1656
buy of this deponent thirty eight or thirty nyne beaver hatts and
felt hatts and caused this deponent to pack them up in his
chests to be sent a board a certayne shipp
called (as hee hath kearnt & beleeveth) the ffrancis & John Captaine Browning Commander and then
lyeing in the River of Thames bound upon a tradeing voyage for
Bantam in the Indies, & to deliver or cause them to be delivered
aboard the sayd shipp to be transported in her for ther Accompt to
Bantam aforesayd, Amd saith that hee according to their order did
pack up the sayd hatts in two Chests & went with them to the Customes
house//



P1110884 f. 18 verso

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//house in London and thre by order of the sayd S:r John Dethick John
Bankes Hugh ffoorth & Company paid the Customes there due
for the sayd two Chests of hatts and then put them on board a
lighter (which was goeing with other goods) to be carried aboard
the sayd shipp ffrancis & John And further to his Interrie hee
cannot depose./

To the 2 Interrie hee saith hee cannot depose for that hee only took ?order
for the sending the hatts abovesayd on board the sayd shipp & ?saive hXXXX
hee knoweth not saving hee hath credibky heard that the sayd Shipp the ffrancis &
John with the sayd hatts & other her ladeing were taken by
certayne dutch shipps & the sayd S:r John Dethick John Bankes Hugh fforth & Company dXXXXX
of XXX XXXX XXX XXXXX

To the 3 Interrie hee saith for the reason a foresayd hee cannot depose otherwise
than before hee hath declared./

To the 4:th saying his foregoeing deposition hee cannot depose/

To the 5:th Interr hee saith that for that hee was not in the voyage at the tyme
of their seizure & knoweth not in what consition the hatts by him p:rdeposed
of then were hee knoweth not what they were then worth nor what profitt
would have bin made of them at Bantham or elsewhere in the Indies, And
further cannot depose./

ROB:T DAVIES [ His signature]

****************************************************************

Case: Mitchell & Clements ag:t the Roger and Edmunds & ag:t Corbin: Examination: 3. Edmund Potts, of Upper Shadwell, Stepney, Upholsterer, aged 33


Mitchell & Clements ag:t the)
Roger and Edmunds & against)
Corbin aforesaid)

The .26:th day of January 1658/.

Examined on y:e said Allon:/:

XXXX X:

3:ns EDWARD POTTS of Upper Shadwell in the parish of
Stepney Com of Middlx Upholsterer aged 33 yeeres or thereabouts
sworne and Examined./.

To the first & Decond arle of the said Allon hee saith and deposeth
that about twelve or thirteene monethes. since hee this depo:t
was present and in Company with the arlate M:r Mitchell
and Nicholas Rippon, at the signe of y:e Golden Still & XXXcher
in Eastsmithfeild, and the said Mitchell and Rippon having
discourse about goods & materialls delivered aboard y:e arlate ship the CXXXXX
and Edmond at the said places. and the said Mitchell ?desiring
security for the said goods and materialls of and from y:e said XXX
and this depo:t being Caried by the said Rippon to the fore-
places, to that purpose; the said Rippon proffesed this Depo:t
the said Mitchell to be his security; but the said Mitchell
refused to take this Depo:t for his security m Abd the said ?Rippon
desired y:e said Mitchell to forbeare troubling him further, or XXX
him to furthe charge therein, and disgracing him, and lord XXXX
HeXXX like the sayd Rippen had tenne pounds in the hands of the
said Mitchells Brother (who was then at sea) and said that the XX
Simms to the said Mitchell. and with all told him that when XXX
XXXX//



P1110885 f. 19 recto

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//Mitchells brother came home XXXX
hee the said Rippon would worke out what hee could XXXX
that effect, XXXX the said Mitchell Replyed, to this effect
that Notwithstanding, unlesse hee would give him such security
as hee liked. hee would take PXXXXX against him: This he
deposeth hearing y:e same. And further hee saith he cannot depose./:

To the last hee saith his foregoeing depon is true./:

To the Interries

To the first he cannot answere otherwise than Negatively for his pt

To the second hee saith that M:r ?Carbin required this depo:t
to come and testifie the truth of his knowledge herein
and ?afor the rest negatively:

EDW: ?POTTS [His signature]

*******************************************************

Case: XXXX ag:t Church: Examination: 5. Thomas Gould, of Redriff, Surrey, Merchant, aged 39: Date: XXXX


?Syms ag:t Church)
XXX Smith)

Examined on the sayd allegaccon

5 THOMAS GOULD of Redriff in the County of Surrey
Merchant aged thirty nyne yeares or thereabouts a
wittnesse sworne & examined saith and deposeth as
followeth, viz:t/

To the 1: 2: 3 and 4:th arles of the allegation hee saith that hee this
deponent being in Company at the Taverne called the Great James in Bishopsgate
streete with one Captaine ?Letton and others did there heare the sayd
Captaine Letton acknowledge and saye that hee the sayd Letton had
offered unto the Owners of the Shipp Consent (before the dammage
in question happened to her the summe of one thousand pounds sterling
for the sayd shipp her tackle & furniture, and that the sayd Owners
would not nor did then sell her to him at that rate And hee further
saith that hee this deponent well knpweth that since the sayd shipp the
Consent was suncke & XXXXX the dammage in question shee
was put to publique sale by her Owners, and was ?afford to sale to
this deponent and this deponent did buy her of the sayd owners at the
rate of seaven hundred and tenn pounds sterling and noe more
And hee this deponent upon search made findeing her to be
very much damnified ?in her bottom and tymbers and in a worse
condition than the Owners had to this deponent a little
before hee this deponent bought her affirmed her to bee) did refuse
to receave & accept of the sayd shipp notwithstanding the agreement
aforesayd and beleeving her to bee a great deale twoo deere at
that price

And further hee cannot depose/

To the Interries/

To the ?fourth Interr hee saith XXX required by M:r RenXXXX who XXXXX
this cause on behalfe of the producents to testifie his XXXXXX XXXX And//



P1110886 f. 19 verso

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//saith that since the deponent soe XXXded from his bargaine of buying
her at the rate of seaven hundred & tenn pounds the sayd shipp Consent hath
by her Owners bin sold at a ?farr lesse rate unto one William Castle
of whome this deponent hath since bought a ?sixth part of her her tackle and
furniture, And to the rest of the Interrie hee answereth negatively./

To the 2 Interr hee saith hee hath knowne the Shipp Consent for these
twelve yeares last past or thereabouts and the shipp Phoenix Interr for about
these five or fower yeares last past And saith hee last sawe the Consent
about a weeke since lyeing in S:t Saviours docke And saith hee sawe the Phoenix
last about two monthes since layeing at or neere Blackwall And further
to this Interr he cannot answere

To the 3: 4:th & 5:th: Interr hee saith hee cannot answere knowing nothinge
touching the contents of them./

To the 6:th Interr hee saith it concenreth him not to answere thereto,
neither can hee answere thereto: knowung nothing of the contents thereof/

To the 7:th hee cannot answere knowing nothing thereof

To the last hee answereth negatively to every part thereof

Repeated before doc:r Godolphin:/

THOMAS GOULD [His signature]

***************************************************

Case: Sorrell con. Hall: Examination: 11. William Wood, of Upper Shadwell, Stepney, Mariner, aged 27: Date: February 9th 1658


Sorrell con. Hall aforesaid:)

The 9:th day of ffebruary 1658:/

Examined on y:e said Allon./-

Rp.
?vide ?15: XXXX

11:ns WILLIAM WOOD of Upper Shadwell in y:e parish of
Stepney mariner aged 27 yeeres of thereabouts
sworne and Examined:/:

To the first and second arles of the said Allon hee saith that
hee well knowe, and was a Comon man of the shipp
the Agreem:t arlate John Hall M:r the voyage in
question, and saith shee came from Newcastle the said
Voyage with a Lading of Coales, on or about the twentieth
day of October 1658. in Company of about Threescore
saile of Colliers w:ch were bound hereto this Port, and
some other places here in England, and saith the arlate ship
the Abigail, whereof one? Lavezick was master came out
from Newcastle p:rsently after y:e Agreem:t came thence in
y:e Company of the said ffleete; and saith the Agreem:t ?kept
before the Abigail from her comming out of Newcastle as
aforesaid about a League untill about foure of y:e Clock of the morning
of X day happening about foure dayes after such their
coming out, And saith with an Easy SXXXX to Keepe the Company
of the foresaid ffleete; the said Ship the Abigaile came out
and came very beere y:e Agreem:t and some of the
Agreem:ts Company that was on her deck fearing the
Abigail would be foule of the Agreem:t did Imediately
call out to the Company on y:e Abigailes deck to take ?more
roome//



P1110887 f. 20 recto

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//roome with the Abigail, and not to come soe neere the
Agreem:t for feare of coming foule of her, or to that
effect, and alsoe desired them to put ther helme a port
and verily beleeveth y:e Company y:e Abigails Deck did
heare y:e foresd words. But Notwithsatnding they would
not take more roome with their said ship y:e Abgigail
nor keepe further aft (OR, off) of y:e Agreem:t nor put their Helme
a port, but (bearing to windward) put their Helme a
starrboard, and ranne ?Stemling with y:e Agreem:t,
?Such the Company of y:e Agreem:t that were on her
Deck perceived, they did Imediately call up all or y:e greatest
pt of the Agreem:ts Company upon her deck, and they
did beare up with the said Ship the Agreem:t and did
all that possibly men in such a Case could do: to p:rvent
the Abigails coming upon y:m The p:rmisses hee deposeth
being y:e foresaid time on y:e Agreem:ts Deck
and one that called out to y;e Abigails company to y:e
effect aforesaid, and did alsoe helpe & doe his endeavo:r in
p:rventing y:e Abgail Coming upon y:e Agreem:t and further
deposeth not./:

To the 4_d & 4:th hee saith that Notwithsatnding y:e meanes used
by y:e Company of the Agreemt as aforesaid y:e said Lavezick
and Company did either in a willfull or carless manner
come after y:e said Ship y:e Agreem:t with a greate Saile
having all her sailes standing, and before the winde
and likewise in a willfull or careless manner came up
to y:e said Ship y:e Agreem:t and glanced by her, and onely
touched her Bow and quarter, and having soe done came
round, and sailed towards y:e South Shore, and y:e Agreem:t
kept on her Course, and y:e Abigaile never touched y:e
Agreen:t after that time, nor y:e Agreement her: And saith
that at y:e said time when y:e Abigail glanced by y:e Agreem:t
& touched her bowe & quarter as aforesaid y:e Abigaile was to windeward
of the Agreem:t and saith it was Impossible for y:e Agreem:t
to come foule of y:e Abigaile y:e said time, And saith that
had not the Company of the Agreem:t as aforesaid
used all meanes & dilligence to avoid y:e Abigail, y:e Abigail
would undoubtedly runne directly upon y:e Midships of
the Agreem:t and by that meanes sinke her and her Lading
Imediately: W:ch hee deposeth seeing y:e premisses And
further Deposeth not:

JXXXX XXXXXX [His signature]



P1110888 f. 20 verso

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//To the 5:th hee saith that in case the Abigail be suncke
in y:e sea, the same happened and came ?meerely by y:e
fault & negligence of y:e said Lowezick and Company or some
of them in Coming up soe fast as aforesd and in putting y:e ?helme
a starboard when they should have put it a port, and not by any
fault or negligence whatsoever in y:e said Hall or any of his
Company. and further Deposeth not

To the 6:th hee saith that the said ship the Agreem:t did bot
come foule of the Abigail, but the Abigail on y:e Agreem:t
by meanes aforesd./

To the :7:th hee saith that when y:e said men y:t were on y:e Agreem:ts
decl as aforesaid sawe y:e Abigail coming towards them in
manner aforesd they did not onely endeavo:r to p:rvent y:e same
by Desiring them as aforesaid to take more roome w:th y:e Abigail
and to keepe further off of y:e Agreem:t ad to put ?their Helme
a port. but they, and alsoe y:e rest of y:e said Ships Company
did Doe therir uttmost Indeavo:rs to avoid y:e Abigail, in ?soe
goeing as farr out into y:e sea, as they could with safety and XX
y:e Agreem:t Stood of f farther to sea shee would undoubtedly
have fallen foule of some or one of y:e ships of y:e sd ffleete
yeilding a reason of his knowledge as above and further
cannot depose:/::

To the Interries:/-

To the first hee saith hee was as aforesaid a Common man
of y:e Agreem:t y:e voyage in question and otherwise negatively
saving hee wisheth and desireth right may take place in the
cause:/:

To the second hee saith y:e winde was about West South West
y:e time interrate, and saith there were about thirty sXXXX
of the Shipps of the said ffleete before y:e Agreement y:e said
time, withon a quarter of a Mile; and some of them within
a stones throwe of y:e Agreem:t y:e foresd times, and otherwise
negatively:/:

To the third hee saith hee thinkes there was not much diffXXX
in y:e sailing of y:e said Shipps y:e Agreement y:e XXXXX
and to y,e rest negatively for his pt:/:

To the 4:th hee saith hee hath heard the Abigail is Junck by
Coming foule of y:e Agreem:t as aforesd. and to y:e rest ?negatively

To the 5:th hee saith that after ye Abigail had bin foule of XXXXX
as a foresaid this depo:t heard a man on y:e Abigails forecastle
say Tis all well, and thereupon y:e Agreem:t sayled on
Course, and otherwise Negatively.

The mark XXX of
W:m Wood//



P1110889 f. 21 recto

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Case: Greene, PXXX and others ag:t Ketcher and others: Examination: 1. Richard Rolfe, of Southampton, but lodging at Horsey Downe, Mariner, late Boatswaine of Lisbone ffrigot, aged 23


//The 7:th day of January 1658/old stile

Greene; ParXX and others against)
KiXXX, and others)
Suckley: = Smith)

Examined upon an Allon given in by M:r Smith
on the behalfe of the said Ketcher a^nd AXXXX,

1:ns RICHARD ROLFE of Southampton, but lodging
at present in Horsey Downe mariner, late
Boatswaine of the ship the Lisbone ffrigot,
aged 23 yeeres or thereabouts sworne, and Exam:d

To the first arle hee saith and deposeth that hee hath well knowne
the Arlate ship the Lisbone ffrigot for about a yeere Last; for and
during all w:ch Space and longer shee hath bine & now is belonging to England; and
soe long, (of this depo:ts knowledge) and longer she hath Really and
truely belonged to English men and Subjects of this Comonwealth
And all the Mariners that served in the said Ship the Voyage in
question were as hee saith Englishmen, and subjects of this Comon.
-wealth, Except one Carole Tye; And soe much hee saith is
Publique and Notorious, The Premisses hee Deposeth: for that hee
went out Boatswaine of the said ship the said Voyage, and soe
Continued untill her arrivall at this Port, and further cannot depose:

To the second hee saith for y:e reasons aforesaid hee well knoweth that the
whole Number of Marriners, that served in the said Ship the said
Voyage together with the M:r consisted of, and were only Eleven men
& one boy, and noe more, And further cannot depose:

To the third & 4th hee saith that the Lisbone ffrigot, the said Voyage arrived
in the Road of l'Oratava on or about the 25th of July 1658. And
saith that the same day, and somewhat before the said Ship the Lixon
ffrigot came into the said Roade of Oratavo aforesaid this deponent
sawe the arlate Bartholomew Kitcher give and deliver unto the
foresaid Carolo Tye, some papers, (but the Contents
of them hee knoweth not) which hee saith the said Tye tooke and
went the same day therewith on shore in a Dutch Boate to the
Port of Oratavo aforesaid and carried the said Papers with him,
And further hee saith hee cannot depose,

To the 5:th hee saith that about three or foure houres after the
said Charolo (sic) Tye was ?goite on shore in the said Dutch
Boate a foresaid the said Ketcher sent foure of his Company
ashore in his owne boate to knowe whether the said Tye had
obtained Prattick for the said ship, or not, And the said Tye
came in the said Ketche:rs Boate on board the said Ship, and
told the said Ketcher, and the Company that the Spaniards
would not upon any ?Tezines, whatsoever permit the said Ship
to trade there in regard shee came from Italy, and had Goods on
board her that came from Roome (sic), where the plague was at that
time; or words to the same effect. The Premisses hee deposeth for that
hee was one of the foure that was sent ashore in the said Boate afore-
said, and did not only heare the said Tye Tell, the forsaid words, but XXXXXX
allsoe heare the Spaniards on shore tell y:e same to the said Tye: And further cannot depose//



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//To the sixth & 7:th hee saith that two or three dayes after the said Tye
had bin ashore as aforesaid, the said Ketcher, did againe send his
Boate on shore at Oratavo with the saif Tye in it And this depo:t
and three otheres with him, and did again endeavo:r to get pratick
for y:e said Ship, But some off the Spaniards on shore did in this depo:ts p:rsence tell
the said Tye, that they would not permitt them to pratick:
for that they had goods in y:e sd ship that came from Roome, or to
that effect, and alsoe wished and desired them not to come any
more ashore, And further hee cannot depose

To the 8:th and 9:th hee saith that during such time as the said
Bartholomew Ketcher soe lay before y:e Port of Oratavo, and when
they were soe seeking Practick as aforesaid there was Newes
brought thither that the English had taken Dunkirke, and
had put all the Spaniards to the Sword after they had given
them. quarter, And thereupon the Spaniards at the Canaryes
were bery much incensed ag:t the English
And
saith this was Publique and Notorious at Oratavo, & in the
Road, and places thereabouts. And soe much the said Tye
did , knowe and well understand, And saith that on the
afternoone of the said day that the said Tye & this depo:t and
three others of the said ships Company had bin the second
time on shore aforesd. there came a Spanish Boate, unto the
said Ship the Lixon ffrigot her side, from Oratavo, whilest the
said Ship Road there, and they told the said Kitcher that hee might
have Practick for his said Ship but upon this Condition that the
said Kitcher; his Mates; Purser; Boateswaine and one more, of
his Company mist goe onshore, to demand and pcure the same
and upon those termes, and not otherwise they told him hee
might have practick for his Ship, And the said Carolo Tye
was then ?in the said Ship the Lisborne ffrigott, and the said
Ketcher told ?his Company of the said Spanish Boarte that it
was not according to the use and Custome of the Sea, for XXX XX
Mate, Boteswaine, & Purser, all to leave the Ship together, and
goe on shore, especially in an open roade as Oratavo was,
or to that purpose, And the said Ketcher XXX
and there Especially pressed, and Importuned the sd Tye to goe ashore
in the said Spanish Boate, butt the said Tye refused soe to
doe, and said he would not goe unlesse
4 or 5 more would goe along with him on shore at
Oratavo, or to that effect , nor did or would goe on shore ?in y;e
Boate although hee was very often Importuned desired and intreated
soe to doe by the said Ketcher, and this hee deposeth
and knoweth, and heard, and tooke notice of the foresaid p:rmisses
And further hee cannot depose./

To the 10:th hee saith that one of those who came unto the said ship
the Lisbone ffrigot in the said Spanish Boate p:rtended himselfe to ?be
the ffacto:r to whome the said ship was Consigned, and when hee
?was//



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//was at the said ships side hee did demand the said Ketcher, his
mates; purser, Boatswaine, and another of the said Ships Company
to goe at Oratava, and then hee would procure them
Prattick for the said Ship, and the said p:rtended ffacto:r told the
M:r and Company of the said Ship openly in the hearing of all the other
Spaniards in the said Boate, That hee knew they were all
English men: and thereupon the Company of the said Ship prceived
they were discovered. to be English would not be psuaded to goe
on shore. But did all of them much
Importune the said Caralo Tye to goe on shore to procure
practick for the said Ship, but the said Tye did not nor would soe
Doe, And saith that the said P:rtended ffactor or any that came
with him did not demand or require either any Bills of health.
or other paps or writings or desired to knowe w:th what goods
the said ship was Laden: This hee deposeth for the reasons aforesaid
And further hee cannot depose./.

To the 11:th . hee saith that the said Spanish Boate soe come unto
the sShip the Lisbone ffrigot with the said Pretended ffactor in it
on or about the 28:th day, of July 1658 in the afternoone, and
the said Tye, and this depo:t & 3 more of the sd Ships Company
had bin ashore at Oratavo in y:e Morning of the said Day and
had bin and were denied Practick, and about that time hee saith
the said Newes came to Oratavo of y:e taking Dunkirke & putting the Spaniards to the Sword
after they had given them quarter (as was Pretended) given by the English
And sSaith that all the said Shipps Company fid looke upon the
sending of the said Boate, to get the M:r, Mate, Purser, Boatswaine
an an other of the said Ships Company on Shore to be
?clearly a devise to betray them. and not to pcure Practick, in
regard rgey had not XXXt before positively denied the same, And
further hee cannot depose.

To the 12:th & 13:th hee saith that the more to Confirme that there
was some practick, or designe to surprize the said Ship and
Company there were three or foure Spanish Vessells, sent out
from Oratavo manned with Spaniards About the same XXXX
the foresaid Spanish Boate came to the Lisbone ffrigot and y:e said Ketcher & Compa demanded
of the Company of the Spanish Boate what Vessells, they were
& they in the said Spanish Boate replyed they were Vessells carrying
of wines to S:t Sta Cruze, and at that time
indeed they were in a direct Course sailing from y:e Lisbone
ffrigot, and saith the said Ketcher thereupon ?furled
the sailes of the said Ship, and Comanded his boate to be ready
againe intending to send some of his Company on shore, and
came to Anchor with the Lisbone ffrigott. w:ch the said Spanish
Vessells prceiving they Imediately altered their Course and came
directly before the winde as if they did intend to have seized
upon the Lixon ffrigott And for this depo:t verily beleeveth they would (and did
the rest of the said Shipps Company alsoe beleeve;) upon her boate
and some of her Company were gone on shore; And saith the said
Ketcher//



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//Ketcher and Company prceiving such their Comming towards them
as if they would have Taken the said ship the Lisbone
ffrigott hee caused her Ancho:r to be weighed, and to put his
ship under saile w:ch soe soone as ever they in the
said Spanish Vessells perceived they Imediately altered their
course againe, and made from the Lisbone ffrigott seeing y:t
her boate and men were not gone ashore, and therefore
durst not Venture upon the said Ship; w:ch hee knoweth
seeing the Premisses Amd further hee cannot depose./.

To the 14:th hee saith. That had the said Ketcher sent his boate
and foure of his Company, in it on shore at such time as the
said Spanish Vessells came as aforesaid they would in all likelihood
have taken the said Ship the Lisbone ffrigot for want of men
And further hee cannot depose ./.

To the 15:th hee saith that whilest the said Spanish Boate
was by or neere the Lisbone ffrigot the Company in the
said Spanish Boate told the said Ketcher that Captaine
Neale of Dover was with his said Ship trading in Gaza?chim
Road, and thereupon the same being not farr from Oratavo
the said Ketcher thinking it might be true, and that in case
hee were there they might trade the more secure together
did cause his said Ship to be carryed thither, and upon his
arrivakk there; found noe such ship there, nor any others but
foure Spanish Vessells, neither had the said
Neales bin there in many monethes, before And saith that
the said Caroly Tye and all the said Ships Company did
absolutely conclude, and agree that what the said Spaniards,
said, or did was meant onely as a Meanes to betray both
ship and goods, and therefore the said Ships Company
would never be psuaded to goe on shore againe, although
often importuned by the said Ketcher: And further hee cannot
depose ./.

To the 16:th hee saith that for all the time the said Ship the
Lisbone ffrigot remained in or neer the Road of Oratavo XXX
-said, the said Ketcher did severall times Sollicite and Importune
him the said Carolo Tye to goe on shore to get Practicke for y:e
said Ship the Lisbone ffrigot, and did never hinder y:e said
Tye by word or Accon from goeing ashore to the foresaid
Purpose, and the said Tye did twice as aforesaid goe on shore
to the said Purpose; and returned againe without efecting
any XXX therein, And did still say and declare that hee
Could not obtaine Practick in regard the said Ship Came
from Italy, and had (as the said Spaniards on shore said)
goods in her that came from Rooome wherethe Plague
then was, This hee deposeth for y:e foresaid Reasons, And
further hee cannot depose ./.
To://



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//To the 17:th hee saith there once came an Auncient man in a
Boate to the side of the said Ship while shee lay in y:e Road of
Oratavo, who p:rtended himselfe to be the ffactor or Merchant, to
the sais Ship was Consigned, And saith the said Tye knewe him
not neither did hee knowe whether hee was the right ffacto:r or
not, And the said pretended ffactor desired that foure of y:e
Company might goe on shore to Oratava, And saith the said
pretended ffacto:r; in all that time or at any other time during the
said ships being there did not ever say or declare, or send any word that hee
had promised practick for the said Ship, or could fo the same,
And never shewed the said Ketcher any License in writing or
otherwise; And saith hee beleeveth that the said Antient man
aforesaid was not the Reall ffactor to whom the said goods were
Consigned, and the reason of such his beleefe XXXXX is for that
one Captaine ?CorneXX XXX of a Dutch ship then Lyeing in
Oratava Road said and XXXXXX the said ffactor XXXXXX
y the said XXXXXX his Company XX was a younge man, And
further hee cannot depose :/:

To the 18.:th hee saith that there was not any Spanish Boate nor
any other Boate whatever that did follow or come unto the said
ship the Lisbone ffrigot after she went away from Oratava either
to Gazachico, or any other place neither did the said Pretended
ffacto:r ever after the said ships
departure from Oratavo, see or speake w:th the said Ketcher, or any
of his Company, neither was it (as hee saith) a probable thing for
him to come after him in any Boate both for the stormying of the
Seas, and the Swiftsayling of the said Ship. And further hee Cannot
depose :/:

To the 19:th hee cannot depose

To the 20:th hee saith that the said Ketcher and his Company finding
that there was not practick to be gotten at the Canaries, for their
said ship did upon a serious Consideracon saile the said ship to
the Madera Islands, and there safely arrived, and after such their
arrivall there the said Kitcher applyed himselfe to one ?Ald:r Ward , and one
M:r Pickford for their advice and directions, in the sale & Disposing
of the said goods and Merchandizes, for the best advantage of the
ffreighte:rs, and part of the said goods, were
there left with the said Pickford and the rest of the said goods
w:ch shee had on board, were by direction & advise of the said Pickford
or Ward carried in the said Ship, to the Coast of Barbary and
there sold, and Bartered the same for wax, and other Comodityes
to y:e best Advantage to the said ffreighters, w:ch said wax and
Comodityes being taken aboard the said ship, shee sailed to the
Maderas againe: (she being ordered soe to doe by the said
Pickford or Ward before her goeing from the Maderas to the Coast
of Barbary.) where shee tooke in the proceeds of the foresaid
goods w.ch shee left there with the said Pickford, and with the
same, and the said goods w:ch shee tooke in at Barbary shee XXX XXX
for//



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//for this Port of London, where shee safely arrived, with the
said goods in her well Conditioned, and here delivered to the XXXX
said Groome and Company, or their order, to their use, and
behoofe, The Premisses hee deposeth for y:e reasons aforesaid
and for that hee helped to unlade and lade all the foresaid goods

To the 21:th. hee saith, that all the foresaid Voyage both at
Canaryes Maderas, and on the Coast of Barbara and all
other places the said Ship the Lisbone ffrigot was at the Voyage
in question. the said Bartholomew Ketcher, did doe and
use his best, and Utmost endeavo:r in the managem:t of the
said Voyage, both in endeavouring to get Prattick
at the Canaryes, and alsoe in the selling and disposing of the
Cargoe of goods to the best benefitt and advantage of the
said ffreighte:rs, And XXX: likewise in all other things during
the said Voyage, Yeilding reasons of his knowledge as above
and further cannot depose :/.

To the Interries.

To the first hee saith hee being Boatswaine of the said Ship
all the said Voyage, was there by acquainted with the said
Ketchers transactccons aforesaid, and saith hee cometh required
by M:r Ketcher to be pduced and Examined in this busines, and saith hee hath
not received his wages as yet, but hath bin proferred the same
by the said Ketcher. but this depo:t having noe occasion
for any moneyes at p:rsent, desired the said Ketcher to keepe
the same in his Custody. untill this depo:t gooes in the
Country w:ch will be about the begining of y:e next weeke
(God pmitting): and otherwise negatively:

To the 2:d hee saith hee cannot depose thereof; having never seene
the Interrate Charterpty:

To the 3:d hee saith the said ship the Lixon ffrigot was Laden
at Ligorne with Oyle Rice Silke Stockings, and Rope, and some
other Comodityes, (but the vallue thereof, or for whose acco:t hee knoweth not, and
were to be delivered at Oratava to y:e ffacto:rs or ffacto:r of the
said ffreighte:rs if they could get Prattick for the same, and further
cannot answer./:

To the



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Case: XXXX: Examination: 2. Richard Man, of Southhampton, Mariner, aged 31: Date: January 8th, 1658


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Case: XXXX: Examination: 3. Thomas Wilkinson, of Wapping, Stepney, Middlesex, Mariner, late Master's Mate of the Lixon ffrigot, aged 30 yeeres: Date: February 10:th, 1658


The 10:th day of January
1656:/.

Examined on the said Allon./:

3 THOMAS WILKINSON, of Wapping in the parish
of Stepney and County of Middlesex Mariner
late M:rs Mate of the Ship the Lixon ffrigot. aged
30 yeeres or thereabouts sworne and Examined:

To the first and second arles of the said Allon hee saith
and deposeth that hee hath well knowne the arlate ship
the Lixon ffrigot, (Bartholomew Ketcher M:r) these sd ?three yeeres last during all w:ch XXXXXX
He hath belonged to this Port, and alsoe all the said
time and longer hath really belonged to English men, and
subjects of this Comonwealth, And saith that all the
said Mariners that served in the said ship the Voyage
in question, were English men, and subjects of the said
Comonwealth (except one Carole Tye who was an
Italian), w:ch said mariners together with y:e Master of
the said ship, and the said Tye, Consisted and were
Eleaven men and a boy, and not more. This hee knoweth
for y:t hee went out Mate of the said ship, the Voyage
in question, and soe Continued untill, and after her discharge
here at this Port, and further cannot depose./:

To the third hee saith the said Lixon ffrigot arrived on or
neere about the 25:th day of October 1658 in Oratava Road
and saith hee heard the said Ketcher, when hee was
in the said Road desire the said Tye to use his utmost Indeavo:r
dilligence and care ashore to get Prattick for y:e said
Ship, or to that effect, and further hee cannot depose::

To the fourth, and 5:th hee saith that upon the said day that the
said Ship arrived in the said Road of Oratava, the foresaid
Carola Tye, did there goe ashore in a Dutch Boate, that belonged
to a Dutch Ship, there rijding (sic), whereof one Cap:t CornehicX//



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//was Comander, w:ch boate was goeing on shore, w:th some of
the said Dutch Ships Company therein, and after hee the said
Tye had bin ashore about five houres, the said Ketcher sent foure
of his Company in his boate to shore to knowe whether the
said Tye had gott any Prattick for the said Ship, and upon
his Coming aboard hee told the said Ketcher in the Presence of
the Deck of the said Ship, that the Spaniards on shore would
not upon any meanes let them have Prattick for their said
Ship there, in reagard shee came from Italy, where the plague
then was or verie lately before had bin, and said that they
would not soe much as lett him goe ashore to goe up to the
Towne of Oratava, because hee was an Italian and
Came from Italy. but spake and talked to him, upon a Rock
where the said Dutch Boate set him, or to that Effect; and
further hee cannot depose :/:

To the 6:th and 7:th hee saith that about two dayes after y:e said
Tye had soe as aforesaid bin on shore, the said Ketcher did againe
send his boate ashore to Oratava with the said Tye therein
and after hee had bin absent about two or three houres, hee
returned againe aboard the said Ship in y:e said Boate, and then tolde
the said Ketcher that the Spaniards on shore would not pmit
him to come on shore; and said hee could not possibly obtaine
Pratcick for the said Ship, for that shee came from Italy aforesd
or to that effect, w:ch hee soe spake and said in this depo:ts p:rsence
And further hee cannot depose./.

To the 8:th hee saith that about such time as the said Tye had
bin y:e second time ashore, as aforesaid there was news come
to the Road of Oratava and places adhjacent that the English
had taken Dunkirke, and had killed all the Spaniards therein
after they had given them quarter, and further hee cannot
Dispose:/:

To the 9:th hee saith that in the afternoone of the said day
that the said Tye had bin the second time ashore as aforesd
their came a Spanish Boate to the Lixon ffrigot side , (w:ch came
from Otrava,) with about Eight or 9 Spaniards in it, and told y:e said
Ketcher and Tye, and others of y:e said Ships Company on y:e
Deck of the said Ship, that they might have Practick for ?the said
Ship, but said that it was upon this Condition that the M:r
Mate, Purser, [Boatswaine has been crossed out], and one or two more, of the said
Ships Compnay. must goe on shore,
and unlesse they would soe doe they could not have
Prattick, and the said Tye was then in the said Ship, and the
said Ketcher spake to the said Tye to tell them that it was not
according to the Custome & use of the sea, for a M:r, Mate, Purser. and on, or two more of the said ships Company
to//



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//All to goe ashore together, and leave the ship Espetiallye
in an open Road, as Oratava it was to that effect. And
further hee cannot depose:

To the tenth hee saith that one of the said men in the said
Spanish Boate that came unto the said Lisbone ffrigatts side
p:rtended himselfe to be the ffacto:r, to whom the said Ship
was Consigned, and hee upon his said Coming to the
said Ship demanded the M:r Mate; Purser
and one or two more of the said ships Company to goe
a shore at Oratava, and then hee would pcure them
practick for their said Ship, and told them openly in the
hearing of the sd other men in the said Boat that hee knewe
they were most of them English, or to that effect, And
were discovered to bee English men would not bee XXXXX
to goe ashore, And saith the said p:rtended ffacto:r (or any
that came with him did not demand or require any paps
or writings whatsoever, nor did aske what goods the said
ship was laden withall, And further hee cannot depose ./.

To the 11:th hee saith that the said Spanish Boate soe came to the
side of the said Ship the Lixon ffrigot, with the said pretended
ffactor in it the afternoone of the 20:th day of the said
moneth of July 1658: (as hee now remembreth the say) and
in the morning of the said day the said Tye as aforesaid
went in the Lixon ffrigots boate towards shore, and was
denyed Prattick as aforesaid, and about the time that the
said Spanish Boate, came from shore to y;e Lixon ffrigotts
side as afiresaid the Newes aforesaid of the English their taking of
Dunkirke, and their putting (as was said & p:rtended) All
XXX Spaniards therein to the Swod, after they had given
them quarter, and saith that all the said Ships Company
did beleeve that the sending of the said Boate & men
therein to procure the M:r mate Boatswaine Purser, and
one or two morem of the said Ships Company to bee meerely
a trick, and meanes of betray them and not to procure
them Prattick in Regard they had the said morning soe
as aforesaid positively denied them. and further hee
cannot Depose

To the 12_th hee saith that [INSERT A LENGTHY MARGINAL NOTE WHICH I HAVE NOT YET TRANSCRIBED] three Spanish Vessells:
sent out from Oratava, the same time the said Spanish Boate
came from thence to the Lisbone ffrigot, and some of the said Lixon
ffrigots Company demanded of the men in the said Spanish
Boate what Bessells they were; and they in the said
Spanish Boate said that they were Vessells that were carrying
of wines to S:ta Cruze



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Case: XXXX: Examination: 4. John Bourcher, of Horsey Downe, Shipwright, aged 25: Date: January 11:th , 1658


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Case: Sorrell and others ag:t Hall and others: Examination: 9. Richard Edwards, of Shadwell, Middlesex, aged 42: Date: January 21st, 1658


//The 21:th day of January 1658

Sorrell and others against Hall)
and others, aforesd)

Examined upon the said Allon

9:nd RICHARD EDWARDS: of Shadwell in the
County of Middlesex aged 42 yeeres or thereabouts
sworne and Examined:/:

To the first 2:d and Third arles of the said Allon hee saith and
deposeth that hee well knoweth the ship arlate the Agreem:t
and saith that on or about the twentieth day of October 1658
the said ship came from Newcastle Laden with Coales in Company

Rp.

XXXX
XXXX



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Case: XXXX: Examination: 10. Francis Jennings, of Shaddwell, Stepney, Middlesex, Mariner, aged 19: Date: February 27th, 1668


//The 27.;th day of January 1658:/

Examined on y:e said Allon:

Rp.

10. FRANCIS JENNINGS of Shaddwell in y:e parish
of Stepney & County of Midds. Mariner aged
19 yeeres or thereabouts sworne & examined./

To the first 2:d Third arles of the said Allon hee deposeth and
saith that hee this depo:t being a Comon man of the
arlate Ship the Agreem:t John Hall M:r y:e Voyage in question ther. by
knoweth, that shee came from Newcastle; y:e said Voyage
in y:e moneth of October. Last in Company of a greate
ffleete of English Colliars Consisting of about threescore
and tenne saile; And y:e arlate Ship the Abigail, came
likewise out from Newcastle in Company of the said
ffleete. p:rsently after the Agreem:t came thence as aforesaid
and y:e said Ship Agreem:t kept, and was before the
Abigail, in her Course for London (whither they were both bound
from such her Coming out from Newcastle untill. about ?foure
of//



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//of the Clock of y:e morning of a Certaine day being about
foure or five dayes after her Coming out from thence and
that time, hee saith the Agreem:t was sailing with
and Easy saile leaving her Topsailes Lowered, and her
spritsaile Crosse her nose, to keepe her Lead, and y:e Company
of y:e said ffleete, and being this sailing, the said Ship the
Abigail, (w:ch was as aforesaid a Sterne of the Agreeme:t)
came on after the Agreem:t with all here sailes set, and
did come very neere the Agreem:t insoemuch that y:e said
John Hall and Company of y:e Agreem:t fearing that shee would come
foule of her some of them called out to the M:r ?of ?y:e Company
of y:e Agreem:t w:ch words some of y:e Abgiailes Company
heard. of this depo:ts certaine knowledge for y:t they made some answer
thereto (but what such answer was hee rembreth not).
Notwithstanding y:e M:r and Company of and in y:e Abigail
would not, take more roome, nor put y:e helme of their
said Ship a port as they were desired to doe by some of y:e
Agreem:ts Company as aforesaid, but ranne to Windward of
her, they Starboarded the Helme. and Ranne stemling w:th
the Agreem:t And y:e said Hall and Company perceiving
such theire Carleless actions, did Imediately beare upp
and did use all meanes & endevo:rs to avoid y:e Abigailes
Coming foule of them, but Notwithstanding such the
endeavo:rs used by y:e M:r and Company of y:e Agreem:t the
M:r and Company of the Abigaile did in a wilfull or Carles
manner come on after y:e Agreem:t with a swift saile, and
before y:e winde. and wilfully or negligently came upon y:e
said ship the Agreem:t and onely touched her bowe
and quarter, and then came round, and stood to shore
and y:e Agreem:t kept on her Course, and never touched y:e
Abigail after that time, The Premisses hee Disposeth seeing &
hearing y:e same:: And further, hee cannot depose. /.

To the 4:th hee saith that at such time as the Abigail came
upon y:e Agreem:t and touched her bow, & quarter as aforesd.
y:e Abigail was to windward of y:e Agreem:t & saith it was
not possible for y:e Agreem:t to come foule opf y:e Abigail, the
Agreem:t being to Leeward of her, and y:e Abigail comming
directly before y:e winde, and saith that had not the , Agreem:ts
Company used all indeavours y:t possibly they could for y:e avoiding
of y:e Abigail, y:e Abigail would have broake downe y:e Midshipps
of the Agreem:t, thereby sunke her and her lading. And durther
hee deposeth not to this Artuicle./.
To//



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Case: Thomas Taylo:r and Loys his wife ag:t the shipp Summer Islands Merch:t and ag:t John Jenkins M:r of the ship: Examination: 1. Robert Humphrey, of Wapping, Mariner, aged 40: Date: February 2nd 1658


//The second day of ffebruary. 1658./.

Thomas Taylo:r and Loys his wife)
ag:t the Shipp y:e Summer Islands Merch:t)
and ag:t John Jenkins M:r of y:e said)
Ship. Budd: Cheeke:

Examined upon a Libel given in on behalfe
of the said Thomas Taylo:r /Loys his wife./

Rp.
cid: XXX:: i. ROBERT HUMPHRY of Wapping Mariner, aged
40 yeeres or thereabouts, sworne and Examined

To the first second and third arles hee saith that the arlate Tjomas
Taylo:r and Loys Taylo:r his wife were, Comonly accounted and
reouted the true and Lawfull owners and Proprietors of Eight &
twenty Ceder Chests, w:ch contained & were filled (as this depo:t
verily beleeveth) with Tobaccoe; and alsoe sixty six Rolls of Tobaccoe, and
of foure more Rolls of Tobaccoe, and of a quantity of
Oranges, All w:ch said goods hee saith were Laden aboard the
arlate Ship y:e Sumer Islands Merch:t John Jenjins M:r at the
Bermudas by y:e said Loyd Taylor, (who as then there) to be
thence Transported into England here to be delivered
to y:e said Thomas or Loyd Taylor: or their Assignes, And saith that since the said Lading of the said goods aboard the said
Ship



GAP TO BE FILLED



P1110921 f. 36 recto

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//replyed that they were in ?shole water, and put their helme a
Starboard, and runne into M:r Hall. his ship y:e Agreem:t w:ch
was to Leeward of the Abigail, and this depo:t asking him
whether they could not take more roome with the Abigaile, either to Leeward or
to Windward, he y:e said Yonge said that it was in y:e night, or to
effect, and this depo:t saying; Then M:r Hall was in Noe falt,
The said Yonge made answer, Noe; ?He cannot blame M:r Hall for any
thing, but onely because hee went away, and would not
lye by, after y:e Abigail had runne in the Agreem:t
or to that very effect, And further cannot depose;/.

To the Interries;/.

To the 1:st hee saith y:t M:r Hall required him to come and Testifye in
his cause; And sath that y:e foresaid words: were spoken by this depo:t
and y:e said Yonge in the p:rsence of one John Water?Borne: Thomas Rowe
who wer two of the Company of y:e Ship [BLANK IN MANUSCRIPT] whereof one
William, Woollard was Mr, to w:ch Ship this depo:t then allsoe belonged
& was goeing aboard with them when hee soe met the said Yonge
and to the rest hee referreth himselfe to his foregoeing depon & further
cannot answer./

To the second hee saith hee is a Carpenter, and hath in that quality
gone to sea in Ships for the most part of Tenn yeares last, and
saith hee is worth about 100: and otherwise negatively./.

To the 3:d hee saith hee knoweth nothing thereof./:

The marke [UPSIDE DOWN ANCHOR] of the said
John Taylor

rEPEATED BEFORE THE xxx jUDGES IN xxxxx.

*******************************************************

Case: James Nuthall ag:t the Gilly Flower alias the Hope, Henry Potts Master, & ag:t Henry Potts: Examination: 1. William Wyas, of Limehouse, Stepney, Vintner, aged 31: Date: February 18th, 1658


//The 18:th of ffebruary 1658./.

James Nuthall ag:t y:e Gilly flower als y:e Hope)
Henry Potts M:r & ag:t y:e said Potts)
Cheeke:/.

Examined upon an Allegation given
in on the behalfe of the said
Nuthall:/:

Rp. J:ns WILLIAM WYAS of Limehouse in y:e parish
of Stepney Vintner, aged 31 yeeres or thereab:t
Sworne; and Examined:/:

To the first arle of the said Allon hee saith hee well knowe
y:e arlate Henry Potts, and knoweth that hee the said
Potts about two yeeres or two yeeres and a halfe since was M:r
of a Certaine Vessell w:ch hee supposeth was Called <:e Hopewell
(And otherwise Cannot depose.

To the 7:th arles & y:e schedule annexed XXX a bond now shewed unto him hee saith and deposeth that this depo:t was
p:rsent as this depo:ts house; at the signe of the Ship neere Duke ?Streete
and did there see the said Henry Potts, together with the arlate
John Carter, Signe Seale, and for their act and deed deliver, the
said Bond or schedule, w:ch being soe done this depo:t sett his
hand thereunder as a Witnes, of the said Signeing Sealing
and delivering as now appeareth, and having seene his name
at y:e bottome of y:e sd Schedule or bond. hee saith y:e same is of his hand
writing, And further. cannot depose ./.

WILLIAM WIATT [His signature]//





P1110306 f. 52 recto

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//To the 9:th hee saith that sometimes ffacto:es at y:e
Canaryes doe marke all the wines and goods which thez
send to one Merch:t for y:e said Merchants account
with one marke: and sometimes with severall marks
to distinguish of what Vinyard they are of, and further
Cannot answer.

RICHARD CASBY [His signature]

Repeated before D:r Godolphin./
y:e 2:d of March 1668./

****************************************

Case: XXXX: Examination: David Lloyd, Citizen & Cloatheworker, of London, aged 56: Date: March 8th 1658 (59)


The ?8:th of March 1658:/.

Examined on y:e said Allon./.

R:X

3:us DAVID LLOYD Citizen and Cloathworker
of London, aged 56 yeeres or thereabouts sworne
and Examined:/:

To the first articles of the said Allon hee saith hee hath knowne
y:e arlate John Casby for about fourteene yeeres last during
all w:ch space the said Casby hath bin a Merchant of great dealing
and quality, and in y:e moneth of July 1658. and ever since, and
for many moneth before y:esaid Casby hath and doth trade
from hence to the Canary Islands and from thence to this port of
London for wines and other goods: and doth send many Goods
and Merchandizes from hence on ?their ?owne account to y:e Canaryes and doth receive many pipes
of wines yeerely from y:e Canaryes on his owne acco:t and this Depo:t verily
beleeveth hee hath a ffactor at the said Islands: The premisses hee deposeth
being y:e sd producents packer, and hathe as hee beleeveth packed goods at severall times for
y:e sd producent to the vallue of above twenty Thousand pounds And further
cannot depose:/:

To the ?2:d hee saith hee Cannot depose:/.

To the 3:d hee Cannot depose, saving hee saith that English merchants
doe, (and have done since y:e warre betwixt England and Spaine)
trade at y:e Canaryes under fained and fictitious Dutch names
the better to Colo:r their goods, and p:eserved them from Spanish
Capture./.

To the 4:th hee saith that in January & March, 1657: there were laden on
board y:e arlate ship y:e Susan ffrigot, whereof Abraham Philliter
was M:r sixty one bales , and XXXXX of Severall goods and
Merchandizes w:ch were all for y:e account of the said M:r Casby
and Company and of this depo:ts knowledge there were three
bales or Truncks Laden aboard y:e sd ship at y:e same time, for y:e said
M:r Casbyes sole account, all w:ch were to be Carried and Transported
in y:e sd ship from hence to the Canaryes And saith hee beleeveth
that y:e said 3 bales or Trunckes, and y:e part and share w:ch the
said M:r Casby had in y:e said sixty one Bales about foure or five Thousand
CXXXXXXX, XXXX said Trade being most XX them XXX XXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXX Cloath And further hee cannot depose.

To the 5:th and 6:th hee Cannot depose:/.

To the 7:th and 8:th hee saith thatabout y:e XXXX moneth of March Last there
were laden aboard y:e arlate ship the same XXXXXXX here in y:e
River of Thames anout XXXXXXXXXX Bales or Truncks pf Severall goods
of the first marke in y:e margent XXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX



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//Account of the said M:r Cosby, as this depo:t verily beleeveth for that he this
depo:t packt the said goods. and was & ?should be paid bz z:e said M:r Cosbz for y:e
same; And saith the said Goods amounted to a great vallue XX
they being XX Bayes. ?With plaine Cottons XXXX
Million ffustians. Norwich Goods. Stockings, and Kersyes, and
such like Comodityes. but the Vallue thereof hee cannot declare
and further deposeth not:/:

To the 9:th 10:th 11:th 12:th 13:th 14:th & 15:th hee cannot depose:/:

To the 16:th hee Cannot depose saving hee hath heard the said
ship y:e S:t Laurance, in her Course from y:e Canaryes to this
Port of London was taken and seized by an English mann
of Warr:/:

To the 17:th hee saith that the said M:r John Caseby is an English
man borne: and a subiect of this Comonwealth, and hath lied
about three yeeres last in this City, and before that hee did use
to live sometimes at the Canaryes, and sometimes in this City
And y:e ffathr of y:e said producent (whom this depo:t did well knowe)
was in his life time an Englishman, and subiect of this Comon
wealth; And further hee cannot depose:/.



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Case: Claim of Stephen ?Pallavacio, of Genoa, regarding silver bars: Deposition: 1. Peter Vandeput, of London, merchant, aged 47: Date: January 29th, 1658


The 27:th of January 1658
Examined upon the allon and
XXX on the behalfe of the said claime

//The claime of Stephen ?Pallavicio
of Genoa for sixe barrs of silver
in the S:t Laurence Peter BoughXXXXX
M:r taken by the Coventry frigot

1. PETER VANDEPUT of London Merchant
aged 47 yeares of therabouts sworne and
examined

To the first and second arles of the said Allon hee saith hee hath
corresponded with the producent Stephen Pallavicino in y:e wayes of
Merchandize, and saith hee was and is comonly reputed a native
subject, & Inhabitant of the State of Genoa, and saith hee beleeveth
him to bee, having bin credibly informed that hee is a ?patrician
of the City and State of Genoa, and this depo:t hath often
received Letters from y:e said pducent dated at Genoa, as the
place of his Dwelling, and hath accordingly directed his Letters to
him there, and further hee doth not depose

To the 3:d hee saith that by the Dealings and Correspondence
w:ch this Dep:t hath for ?diverse yeeres had, and hath with the said producent XX XXXX XXX of XXXXX hee
verily beleeveth him to be a merch:t of great dealing worth
and Quality and saith hee hath and doth drive a trade &
Commerce from y:e Canaryes and y:e dominions of the King of
Spaine in, and with silver by his ffactors there resident, and
that before y:e bringing of the silver in question to this port
this depo:t hath received to the vallue of betwixt twelve and
thirteene hundred pounds for the sd products account from y:e Canaryes, the
same being Consigned unto him this depo:t & further hee deposeth
not:

To the 4:th arle hee saith that before y:e lading of the silver
in question namely about two yeeres since and severall other times
this Depo:t received letters from severall Genoeses, and alsoe from
the said Palavacino himselfe, whereby they desired this Depo:t to
advise them whether they might not safely send silver or Bullion
to London. and without danger Consigne the same to this
depo:t or to the same effect. And this depo:t thinking. (besides
the furtherance of Trade & Comerce) that hee should doe good
service to this Comonwealth, did thereupon write to, and
encourage them to send silver thither, And for further incouragement
of the sd prodc:t this dep:t caused the Act of Parliam:t made for
importacon of Bullion, to be Translated into Spanish and ?sent
the same to him and them, and hee referreth himselfe to y:e said Act of
Parliam:t for Importaccon of silver. And further hee doth not depose

To the 5:th 6:th & 7:th arles and the Letter of Advise, and Invoice XXX
y:e sd 6:th arle mentioned, Nowe shewed unto him, hee saith & XXXX
deposeth that in or about the monethes of July or August last ?past
this depo:t received advise from the said producents ffactor
Don Luis Perez de Vittoria that hee had laded at S:ta Cruz del OzXXXXX
(being a port in y:e Island of Tenereife on of the Canary Islands) ?about
the said ship the S:t Laurence whereof Petr Bonningysent is M:r for y:e
Account of the said Stephen Palavasino, two barrs of silver, and
?consigned//



P1110311 f. 56 recto

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//Consigned the same to be delivered to this depo:t herein XXX XXX
for the said Account of the said Provident: and afterwards this
depot received the Letter of advise and Invoice annexed from him
the said ffacto:r by the said ship S:t Laurence XXXX XXX seizure together
with the bill of Lading arlate w:ch hee hath nowe alsoe seene, And
this depo:t hath heard that the said ship belonged to the arlate M:r
fford, And further hee deposeth not, saving that the said Letter
Invoice and Bill of Lading Exhibited were and are the same
soe by him received:

To the 8:th hee saith that after the XX XXXX hee this depo:t was
advised by letters from Plymouth of the seizure of the said ship
and Lading by Captaine Aylett, and of her bringing in thither
where shee was brought (as hee saith) to this port for this depo:t
here received the said silver in question out of her, and further
deposeth not.

To the 9:th hee saith hee is well assured and verily beleeveth
that the said two barrs of silver were really and truely pvided
and laded for y:e prop and sole account of y:e sad producent and
upon his adventure, and that hee runneth the sole hazard thereof
and that noe Spaniard or other subject of the King of Spaine
had at the time of the said Lading and seizure any interest
therein w:ch hee is ?induced the more assuredly to beleeve for
y:t this depo:t by theproducents order hath and ?must make good the proceeds
thereof unto them and that amounted with him for y:e same as
will noe other, And further deposeth not

To the 10:th hee saith hee beleeveth there was peace, and Amity
betweene the Comonwealth and the State of Genoa. and their
subjects the time arlate, and further doth not depose:

To the 11:th hee saith that his foregoeing depon is true.

To the Interrogatoryes

To the first hee saith hee cometh required by M:r ffrancklin to be
pduced in this Cause, and otherwise negatively :

To the second hee saith hee was never at Genoa nor ever
sawe the pducent that hee knoweth of norknowe his ffather
or mother. and otherwise referreth himselfe to his foregoeing
depons:

To the 3:d hee saith that hee this depo:t hath had severall Letters, and
orders from y:e said producent Stephen Pallavacine touching the
silver now in question, and hee doth not knowe any other
person besides him XX XXXX. And further hee cannot answer, saving his
forgoeing depon to w:ch hee referreth himselfe.

To the 4:th hee saith that this depo:t hath received pt of the foresd
silver by him deposed of (not sent in y:e S:t Laurence ) in the
King David in or about XXX last, part in y:e Hope, about the
same time, and hee is sure that y:e said Pallavacino (the now
XXXXX) is the same pson for whose account the foresd pXXX
silver in question was laded and consigned to this Depo:t for y:t
this depo:t hath XX XXX made the same goods with them as aforesaid
To//



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//To the 5:th hee saith hee doth not knowe the said Don Luis
Peroz de Vittoria the said pducents said ffactor personally. and
saith hee knoweth not that the said de Vittoria is ffactor to any
Spaniard or subject of the King of Spaine, nor hath this
Depo:t received order from any pson to claime the said silber
in Question other than the said pducent from whom hee
saith hee hath received Expresse order therein, and hath had
?procuzaccon from him alone in that be halafe, and other
wise negatively saving as aforesd, saying y:e said Don
Luis Perez de Vittoria is soe farr from having given any
order for Claiming y:e silver in question that hee Doth not as
this depot beleeveth yet knowe of the seizure thereof

To the 6:th hee saith that upon the bringing in of the said
ship to Plymouth the bill of lading interrogated together w:th
the Letter & ffactory were amongst other paps sent there
in a packet to this depo:t as coming out of the said ship.
and this depo:t brought them into this Court.

To the 7:th hee saith hee knoweth not ought if any other bill
of Lading touching y:e said silver in Question than the said
bill soe brought into Court, and here remaining, nor of
any other Invoice than that annexed to the Allon whereupon
hee is now Examined, and otherwise hee referreth himselfe to his
foregoing depon:

PETER VANDEPUT [His signature]

Repeated before the two Judges in Court

**********************************************

Case: Claim of Stephen ?Pallavacio, of Genoa, regarding silver bars: Deposition: 2. Abraham Cabeljan, of London, merchant, aged 53: Date: January 27th, 1658


The same day

Examined upon y:e said Allon:

2:nd ABRAHAM CABELJAN of London merchant aged 53
yeeres or thereabouts, sworne and Examined:

To the first and second articles hee saith and deposeth that the
pducent Steven Pallavacino, was and is commonly reputed a native
of Genoa. and Inhabitant Subject of that Comonwealth, and saith
that hee this depo:t livimng with and being Book Keep. of. and for the
p:rcontests M:r Peter Vandeput merchant hath seene severall Letters
from the said product Living at Genoa sent to and received by the said M:r Vandeputt XXX Correspondent
here, and severall Letters of his directed to y:e said producent, and there
resident, And further hee deposeth not

To the 3:d arle hee saith that before y:e silver in question came & arrived
here in England, the ffactor of the said producent called don Luis
Perez de Vittoria, sent from the Iland of Teneriffe to the XXXX
M:r Vandepur, for his the said producents Accompt to the Vallue
of betwixt telve and thirteene hundred pounds sterling in silver w:ch XXX
received by the said M:r Vandeput for the account of y:e said pducent
and was soe received by the said M:r vandeput herein this XXXX
before y:e arrivall of y:e silver in question of this depo:ts sihht, who XXX
XXX receipt thereof and y:e Letters and dispacthes concerninge y:e
XXXX//



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//Hath placed the same to the said producent's Accompt, hee being as
aforesd & booke XXX of the said M:r Vandeput and thereby hee well knoweth
that the said Stephen Pallavacine hath and doth drive a greate trade in
silver, from the Canaryes, And further thee doth not depose

To the 4:th arle hee saith that before the Lading the silver in question
aboard the said ship the S:t Laurence severall Genoese merchants
wrote ?unto the said M:r Vandeput to London, whereby they desired him
to certifye or advise them, whether or noe they might safely send
silver and bullion to London, and consigne the same to him the said
M:r Vandeput, without danger of seizing or confiscacion of y:e same
And saith the said M:r Vandeput wrote to them that they might
doe it safely, and XXXX XXX them in such sending and sent a
Translacon in XXXXX of the Act of parliam:t in that behalfe
made for the security of such Importacons w:ch hee knoweth
having seene y:e said Letters soe received and the answeres thereof
being privy to the said M:r Vandeputs dispatches in such matters
(hee being his booke keep as aforesaid) in his affaires of moment
touching his ?Commerce.

To the 5:th 6:th and 7:th arles hee saith that before any newes of y:e
seizure of y:e ship S:t Laurence in question the said M:r Peter vandeput
receaved Letters by other?s shipping from the said Don Luiz Peroz
de Vittoria, advising him of the Lading of the two barrs of silver
(w:ch are nowe claimed) aboard the said ship the S:t Laurence and
of the Consignment thereof to him the said M:r Vandeput for y:e
said producents account to be heere delivered in this Port
And that afterwards the said M:r Vandeput received advise from
Plimouth of the bringing in of the said ship thither and received
a packet of Letters, and dispatched thence as brought thither in y:e
said shipS:t Laurence, and XXXXXX them the Letter and Invoice and XXX
to the ?allon (now shewed unto him this depo:t) and alsoe y:e bill of
Lading inder y:e hand of Peter BXXXXXX M:r of the said ship
now alsoe shewed unto him remaining in this Court, ?which he
knoweth having seene the said first Letters of advise and alsoe
these and y:e Invoice and Bill of Lading soe brought in y:e
S:t Laurence upon their first bringing to the said M:r Vandeput
and havinge now XXXX XXXX Exhibited and remaining in the
Court hee well knoweth them to be the same that were soe received
by M:r Vandeput, and pticularly by a note or marke made upon
the letter by him this depo:t, And further hee cannot depose

To the 8:th arle hee saith that the said ship the S:t Laurence being on
her
course from y:e Canaryes, seized and brought unto Plymouth was
afterwards brought thence to this port of London, together with the
said silver in question, ?which silver y:e said M:r Vandeput here
received

To the 9:th arle hee saith that by the Letters and transactions that XXXXX
the said producent XXX y:e said M:r Vandeput touching y:e said XXXXX
w:ch hee hath seene hee verily beleeveth the same to be for y:e ?sole account
of/



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P1110316 f. 57 verso

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//of the said producent, and to be ?provided and laden for his Account
without that any Spaniard of subject of y:e King of Spaine XXXX
time of Lading or seizing or since ?may XXX therein whereXXXXX

To the 10:th hee saith there was the time arlate by ?Comon XXXXX
peace and Amity betwixt the Comonwealth and that if Spaine and XXX
y:e respective subjects of the said XXXXXXXXX

To the last hee saith his foregoeing ?deponent XXXX is true

To the Interres

To the first hee saith hee cometh to Testify in this Cause XX the
order of the producents proctor & otherwise negatively

To the 2:nd hee saith hee was never at Genoa nor XXXXX y:e XXXX
nor knoweth his father or mother and other wise hee cannoz ?answere
saving as aforesaid

To the 3:d hee saith hee doth not knowe any of y:e name of Stephen
Palladacino other XXXX the said producent, XXXXXX hee referreth him
to his foregoeing Depn and saving y:e same cannot further answer

To the 4:th, hee saith hee referreth himselfe to his foregoing depon &
cannot further answer saving hee knoweth that the said XXXX
XX XXXX pson for whose account the said other parcells of silver XX
XXXX & this ?inquisition) was sent to the said M:r Vandeput XXX
they XXXXfrom y:e same factor and in y:e same XXX & XXXXX
in y:e same XXXXX.

To the 5:th arle hee saith that hee doth not psonally knowe the sayd
Don Luis Perez de Vittoria the ffactor of y:e said ?Pallavacino, XXXX
what countryman nor whose subject hee is nor knoweth hee XX
beleeveth that the said Don Luiz in any of XX XXX that this XXX
hath?dwelt with the said M:r Vandeput XXX hath bin a ?Gent XXXX
yeeres last) XXXX sent aor consigned any silver to the said M:r
Vandeput for the said Don Luis his XXXX account, nor any for y:e
account of any Spaniards. And further hee cannot answer
saving as aforesaid.

To the 6:th he referreth himselfe to his foregoing depon and
further cannot answer saving negatively for his part

To the last negatively for his pt saving as aforesaid

ABRAHAM ?CABDELJAN ?Jun:r [His signature]

Deposed XXXXX two Judges in Court

****************************************************

Case: Claim of Stephen ?Pallavacio, of Genoa, regarding silver bars: Deposition: 3. John Lewis: Date: January 29th, 1658


//The 29:th of January 1660.

Examinat ?ex parte for XXX XXXXX.

JOHN LEWIS of the parish of S:t Dunstans XXXX East ?India
Merchant aged 47 yeeres or therabouts sworne and XXXXX

To the first second and third articles of the said allegaccon hee saith and
deposeth that hee may knoweth the producent Stephen PaXXXXXX
and hath XX XXX for a ?dozen or fourteene yeeres last or thereabouts
and XXXX XXX to XXXX XXXX by meanes of the XXXXXXX dwelling in the
citie of Genoa (the ?place of the said producents ?birth
and XXXX) and keeping house there and trading ther as a merchant
from the yeere 1644 to the yeere 1656, during w:ch tyme hee was
well acquianted w;th the said producent Stephen Pallavacino and
XXX his the said Stephens father living in the said citie. And for a
XXXX//



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//Genoese by birth and extraction and a subect of the stat eof XXXX XX
the said Stephen Pallavacino was and is XX XXXXXXXXXXXXXXXXXXXXXX
And saith that for all the said time of this deponents said dwelling in Genoa
the said producent of this deponents XXXX XXX knolwedge dwellt and ?kept
house and familie there and that hee was and is XXX of the XXXXX of XXXXX
soe commonly accompted: And saith that the said producent was and is
a merchant of very greate account and dealing and estste and of ?such
wealth that hee is estimated to be worth one ?hundred thousand pounds sterling,
and saith that the said producent was XXXXX this deoinet XX XXX XXX
because very greate quantities XXXX XXX XXX (of this deponents XXX XXXX
knowledge) for the XXXX account of the sais producen XXXXX
XXXXX of greate account and dealing in XXX, XXXXX hath XXXX
pXXXXX XXX and is commonly accompted and reputed and further
hee deposeth not

Ro XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

To the Interries

To the first hee saith hee was XXXX unto by M:r XXXX the XXXX
and deposed to come and XXXX what he knowes as XX XXXX, and
to the rest hee answreth XXXX XXX XX, and otherwise ?cannot answer,

To trhe second hee saith and deposeth and XXXX XXX from XXXXX XXX
December 1656, and there XXX XXXX XStephen Pallavacino XXXX before
this deponent had XXX XXXX, and this deponent did XXX XXX that
said producents XXXX. And otherwise referreth himselfe to XXX XXX
before deposed.

To the third hee saith hee knoweth and XXXXX XXX in XXXX arlate
name is alsoe Stephen Pallavacino, who alsoe was XX XXXX of XXXXX
XXXX of this deponents said dwelling there, and a XXXXXXXXXXXXX
XXXXX, and was
XXXX the XXX of the oredeposed Stephen
XXXX producent
this deponent doth not knowezj
?before
did
the Merchants of that XXX

To the 4:th XXX

To the 5:th XXXX

To the last XXXX

JO LEWIS [His signature]

Repeated before
XXXXX

*******************************************************

Case: XXXX: Deposition: 1. Domingo de a Seida, of London, Merchant, aged 25: Date: January 31st, 1658


The 31:th day of January 1660

Examined upon an Allon given in on the
behalfe of the said XXXX

The Claime of XXX XXXXX)
XXXX Merchant of London for)
94 pipes of Canary Wines)
& other hoods taken in y:e ship y:e)
S:t Laurence XXX XXXXX)
M:r XXX XXXXXX)

D:r XXXX

1. DOMINGO DE LA SEIDA of London Merch:t
aged 25 yeeres or thereabouts sworne
and Examined

To the first arle hee saith and deposeth that the arlate Anthony
Rodriguez ?RivXXXes is Comonly and generally reputed a XXXX
of ffinident in the Kingdome of Portugall, and soe his XXX
deponent beleeveth him to bee and XXXX hee XXXXX
?To//



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//To the: 2:d hee saith hee hath well knowne the said Antonio
Rodriguez Robles for theise thirteene fourteene yeeres
last past or thereabouts. and knowe him first Living att
Civill in Spaine namely for y:e first yeires of the said time
XXXX and thence hee went to the Canaryes, and soe for London
and saith that this depot hath lived in London about six yeeres
last past, during w:ch space hee hath knowne the sayd
Robles to be an Inhabitant, and to be a house keeper
in Dukes place London with his ffamily, and that this depo:t
lying in y:e same house, and beeing his booke keep
is well acquainted w:th his affaires & Transactions



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Case: Maurice Thompson, Thomas Canham, Christofer Willoughby, John Page et al v. the Dutch East India Company: Deposition: 1. Henry Dacres, of London, Merchant, aged 34: Date: January 31st, 1658


//E:E:

A business of examining of witnesses on the)
XXXX of Maurice Thompson, Thomas CanXXXX)
Christofer Willoughby John Page and others,)
Merchants of London, freighters of the shipp
the Jonathan, ag:t the Dutch East India)
Company in pticular and all others in genall)

Smith

Ro.

The 11:th of ffeburary 1658

Examinands upon an allon given in on the
behalf of the said M:r Thompson and others

1. HENRY DACRES of London Marchant aged
34 yeeres or thereabouts sworne in the said
Court of the Admiraltie of England, saith and
deposeth as followth vizt.

To the fifth article of the said allon XXXX and deposeth that hee well
knoweth all the producents vizt Maurcie Thompson THomas
CaXtian, Cristofer Willoughby, John Page and company arlate and saith
they were the XXXX arlate of the yeere 1656 XXX others and Imployers
of the said shipp the Jonathan and XXX hee can from this XXX on a
trading voyage for sevrall parts and places of the East Indias, and
there to retourne for England on and for their proper account
w:ch hee knoweth for that hee was acquainted with and XXX XXXX at
such XXXXX XXXX and were supra cargo in thesaid shipp the said voyage

To the second article hee saith that within the foresaid time namely in
and about the moneth of January 1656 the said shipp the Jonathan
being in the parts of the East Indies and quietly trading there had aboard her
greate quantities of goods and merchandizes for the use and account of the
said Maurice Thompson and company aforesaid w:ch XXXXhad taken in
on the coast of Coromandel and w:ch they were carrying to Bantam,
for w:ch place of BantamXXX the said XXX were proper and not for
any other part or place thereabouts to be bartered away, and eben
XXXXX XXXX and provided for Bantam, where they were to be sold
and bartered away for such XXXX as were then to be head and ?procured
for the most advantage of the said producents, w:ch hee knowes for that
hee was supra cargo aforesaid and the person there ?carryed the said goods to
be taken in and was in person XXX with them in the said shipp for
Bantam.

To the third and 4 articles hee saith that in or about the said moneth of January
1656 (old stile) the said shipp in her course of prceeding from the
said coast for Bantam, coming neere the Island of Pulliayanjan within
five leagues or lesse distance of the Road of Bantam, was met wizj
and set upon by five XXX of dutch shipps, in the XXX XX neare of the
East India company of the United Netherlands, and that upon their haling
and demanding XXXX that shipp (Speaking of the Jonathan) over and
XXXX bound, and XXXX XXXX XXX sewall of England, came from
Cormandel bound wth XXX for Bantam, thet of the dutch shipps
XXXX and told the master and company of the Jonathan that they must
not nos could run into Bantam, and that they lay there on purpose to
oppose them or any other shipps of England that should endeavour to run into
Bantam, for w:ch (as they XXX) they had order from the Generall of the sd dutch East India
company XXXX was XXX and heard the XXX

To the fifth and sixth 7. 8 and 9:th articles hee saith that the master and company of the
Jonathan finding this XXXXX of the dutch, fairly and earnestly instructed
XXXXXX of the dutch commanders to goe in, and desired them to XXXX or
send aboard the Jonathan and XXX her assuring them XXXX XX
any XXXder, XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
aboard//



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//aboard, XX XXXX of XXX the sd dutch XXXXX ?Daniell
this deponent ?fell to intreate them XXXXX to order
XXX in, telling them (as XXX truly was) that thay ?durst seek XXX
XXXX persons aboard, and XXXX greate necessitie of their ?going
XX the XXX In XXX victuakks and reXXX under for their part
and to XXX their trading XXXXX, and the dutch still suspitious
within XXXX, the Jonathan endeavoured to put in, XXXXX they of
?othr dutch shipps sett on her, and XXX XXXX the
master of the Jonathan and this deponent XX XXXX to XXX XXXX
thereXXXX to search them if they came XXX XXXXX to such XXXX
XXX this deponent (the master XXX sick) went aboard to their
Admirall and told him and ?modestly expostulated with him the XXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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Case: Maurice Thompson, Thomas Canham, Christofer Willoughby, John Page et al v. the Dutch East India Company: Deposition: 2. William Stephen, of Limehouse, Marriner, formerly masters Mate of the Jonathan: Date: January 31st, 1658


ADD TEXT

XX

2. WILLIAM STEPHEN of Limehouse Marriner late
masters mate of the shipp the Jonathan (Robert
Graves com:der) aged 28 yeares or therabouts
sworne and examined

To the first article of the said allon hee saith and deposeth that
hee well knoweth the producents Maurice Thompson, Thomas Canham
and Christofer Willoughbie and saith that they and XXX XX were the
shipp the Jonathan, and imployed and sent her out on a merchandizing
voyage from this port for the East Indies and places thereabouts for
their proper account, and they upon their account XXX XXX XX XXXXX
by her said Merchandizing imployment to this XXX, w:ch hee knoweth
being Master Mate of her the said voyage, and going the voyage

To the second article hee saith and deposeth that within the said XXXX
moneths in or about the moneth of January 1656 XX XXX XXX XXXXXX
trading in the parts of East India, and had aboard her XX XXXXXX
quantitie of goods and merchandizes w:ch were for the said account
XX XXXXX in the coast of Coromandell, and were to be transported
XXX, as were proper for Bantam trade and what ?Returne, and
XXXX to XXX ptended and XXXX with XXXXX to be XXXX to
Bantam and there delivered, and the said commander & company
XXX carrying her said goods in the said shipp for Bantam where thee
XXX were to be traded and bartered for the ?traffic an accompt
of the said Imployers of the said shipp, w:ch hee knoweth for the reason
aforesaid

To the third and fourth fifth and 6:th articles hee saith that XX that the said XXX

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//the Jonathan as aforesaid that ?then was bound for Bantam ?told
them plainly that they might XX XX should for in thither XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX And XXXX
to come to an anchor XXX the Admirall , his precontest being XXXX
wXXX aboard the dutch Admirall, and upon his retourme aboard the
Jonathan declared the XXX Admirall, and expressly forbidden and
?prohibited their going in to Bantam, and had declared that if they and XXXXXX to goe in
hee would sink them in ?that effort, and thereupon the said M:r Dacres being
supra cargo or merchant of the Jonathan under a protest against such their
hinderance by the dutch. All w:ch hee knoweth being present aboard
the Jonathan. And further deposeth not.
?9:th article of the said allon hee saith and deposeth that
the said shipp the Jonathan being XX prohinited and hindered by the dutch
from going into Bantam to w:ch hee was XX XXXX with her said XXXX
was XXX and to depose and goe to other places for w:ch ?ther goods
were not proper and to w:ch they were not designed, and there to barter
and XXXX them away, to the great losse and damage of the said
imployers in respect of what the ?prisses would have bin if thesaid goods
hath nin XXX to an delivered at Bantam accordinge as they were designed

To the tenth hee saith that by the said hinarance and prohibition of the
dutch the said Imployers have suffered greate losse and dammagem, but
the valew thereof hee cannot as hee saith estimate

W:M STEPHENS [His signature]

Repeated with his ?precontest before
Dr Godolphon.

**********************************************************

Case: Maurice Thompson, Thomas Canham, Christofer Willoughby, John Page et al v. the Dutch East India Company: Deposition: 3. Alexander Prescott, of London, Merchant, aged 27: Date: ffebruary 17th, 1658


//The 17th of ffebruray 1658

Examined upon the fore said allegaccon

3. ALEXANDER PRESCOTT of London Marchant aged 27 yeeres or
thereabouts sworne and examined.

To the first and second articles hee saith and deposeth That hee very well
knoweth the procudents Maurice Thompsom, Thomas Canham, Christofer
Willoughby, John Page and company aclate and saith they were in and for
all the monthes arlate of the yeere 1656 XXXXX and Imployers of the
shipp the Jonathan arlate (Robert GXXXXX commander) as a trading or merchandizing voyage from England to the parts of East India in XXXXX was XX retourne for England for their use and accompt, and saith that in
January XXX was ?two ?yeers the said shipp being quietly trading in the said
parts, and having aboard her a quantitie of marchandizes consisting in XX
cottons and callicos XX XXX XXX factor XXX account taken aboard her on the coast
of Cormandel was carrying XX XXX for Bantam for w:ch place the said goods were
XXXX and were provided XXXXX to be ther XXXXXX and XXXXXXX
and not for XXXXX to be disbursed XX XXX XXXXXX nir XXX XXXX XX
XXX XX XXXX soe XXXXX to her said ?merchants as XX Bantam, w:ch hee
knoweth being burser of the said shipp and goeing the said voyage from place to
place in her, being alsoe XXXX X XXX XXX XXX XXXX of the, XX XXX

To the third and fourth articles hee saidth and deposeth that the said shipp XXXXX
XX XX her course from the said coast for Bantam and XX XXXXX Island
of Pulliaayanjan about XXX XX XXX leagues distance from Bantam XXX
XXXX XXX XXXX of dutch shipps (w:ch wer in the service and Imployment
of the dutch East India company) XXX, saving that one of them XX
them XXXX, and XXX XXXX XXX along with XXX XXXXX, and saith XXXX
XXXX//



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//the Jonathan XXXXing a XXXX XXXXX under the said XXXXX XXXX XXX to goe into
Bantam the next day, the said dutch shipp XXXX XXXXX the said
other foure dutch shipps riding also neere, and the next morning the Jonathan
XXX XXXX to goe into Bantam the said dutch shipps boat ?came aboard XXXX
Bantam, for the dutch had ?warrs with the Bantamers and the said
sutch shipps lay there XXX XXXX to hinder all shipps from going in,
having order from their Generall ?intendeant, and being authorised that they
of the XXXXXX were bound to XXX in them their merchandizing designe, and therewith all
XXXX to XXX in, the skipper of the said dutch shipp aboard the Jonathan
called out to those aboard the said dutch shipp to fire at the ?Jonathan, and
they thereupon XXXX a XXX XX the Jonathan, and then the Jonathan being commanded

to come close to their Admirall,

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


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**************************************

Case: Lord Protector ag:t the Hope: Deposition: 5. Peter Aylward, of London, Merchant, aged 40: Date: February 21st 1658 (59)


//The 21:th of ffebruary 1658

Lord Protector ag:t. the Hope.)
aforesaid.)

5 PETER AYLWARD of London Merchant, aged 40 yeeres or
thereabouts sworne and examined as aforesaid

To the first second and third Interries hee saith and deposeth that in or about June
last was a twelve moneth M:r John Page one of the Merchants concerned in
this busines, having with his associates a designe in hand to send a shipp from
Amsterdam for the West Indies to trade for their account upon the coasts of
the Spaniards, and understanding that this deponent understood both the Spanish
and dutch tongues (besides English) and could speake them, and alsoe
understood the busines of traffique and XXXXX as a marchant treated and
agred with this deponent to goe the said voyage for five pounds per
moneth wages and XXXX for XXX goods for his owne account, wherein hee
this deponent was to give assistajce to John Lo?pes his ?precontest who was alsoe then XXX
and being XX hired this deponent was XX XXX XXXXX in a dutch shipp called the
?Mackerell bound for Amsterdam and concerned with him in the said shipp XXXXX,
perpetuanas, ?hatts, and many other particulars of goods w:ch were here ?provided by the
said M:r Page and XXXX ffernandez, M:r ?Robles, M:r Jenkin and M:r ?Painter
Merchants of this citie, to be at Amsterdam put aboard such a shipp
as could be provided for that XXXX and voyage. And YYYing to Amsterdam
the shipp the ?HoyX interrogate was by order of their said Imployers and by
their partners at Amsterdam John Tilly and John ?XXnterwell and XXX
of XXXXX (as hee tooke them to be) who XXX XXX was but XXXX XXXXXX
?expresslly reputed at Amsterdam about w:ch buying this deponent ?eyther
with the said John ?Hoyer and Patrick ?Betts (who were alsoe come over from
England in the ?same designe) were ?employed, and saith XX ?cost ?answere
XXXXXX fourXXX hundred gilders or thereabouts. And saith
?the//



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//the said shipp being so bought and procured for the said voyage, the said goods
?be carried from England were laded aboard her, together with XXXXX
Wines and other goods and XXXXX provided in Holland, and this lading
being XXXXX, the said shipp departed from Amsterdam therewith in September
last was a twelve moneth bound for the West Indies, not being limited
to any particular XXX, but left to the discretion of the said John ?Lopez
with the advise of this ?deponent to manage the voyage in XXXX parte to the
best advantage of her said Imployers, of w:ch hee saith M:r Page, M:r PXXXXX
and M:r Dunkin are English men and ?Inhabitating XXXXXX of this ?citie
M:r ?Antonio ffernandez Caravajall, and M:r Antonio Rodriguez Robles alsoe
merchants of this citie and reputed Portugueses, XXX M:r ffernandez is XXX
?indenizened, John Tilly an Irishman borne but living in Amsterdam
where alsoe liveth the said John ?CXXXXXXnet, who hath formerly lived
long in London, but whose countrey man he is this deponent knoweth not-
And saith the said shipp from Amsterdam went directly to the Island of
Trinidad, and was there ?Registred and entred as a Spanish shipp, and
thereby and by presents to the Gouvernor and others (XXX w:ch XXXX goods
were there sold) XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX lived and XXXXXX for prattique XX
the Spanish XXXX in those parts, and being therewith furnished she departed
in or about November 1657 to ?Comana a coast on the terra firma and
there sold to the valew XXX XXXX of a XXX XXXX peeces of XXXX of her goods
and received the money for the XXXX and then went to ?TranXille, and
there sold ?of her said outwards cargo for about XXXXX XXX and ?peeces of
eight, and leaveing the money ?ther, XXXXXX further into the
Gulfe of Honduras and there sold and ?tucked away all the rest of
said goods, and there tooke in three hundred eightie three XXXX or thereabouts
of Indico (saving that XXX or XXXX of those XXXXXX XXXX XXXX druggs) and
eleaven XXXX of ?Indico and a XXX XXXX or XXXXXccos and two barreles of druggs
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX eleaven hundred and twelve XXXXX or thereabouts of SafsayXXXlla, and fowre
hundred seaventie six XXXes, or therabouts, w:th safXXXXXlla and hides
were the pcured of the said moneys so left ashore at TurXXXlle at the
said time of the said shipps first XXXX there, All w:ch goods she received
in a XXX InXXXX were the goods of and laded for the XXX account of
the aforenamed Imployers Antonio ffernandes Caravajall, Antonio Rodriques
Rubles, M:r Pain?ter, M:r Page, M:r Dunkin, M:r Tilly and ;:r ChamberXXXX
and provided wuth their effects, saving that of her said lading ?soe taken in
at the West Indies, twelve chests and twro thirds of a chest of the said Indico were provided by and
laded for this deponents owne account, and that hee hath ?two of his owne shipp
?chests w:ch are full of druggs for his owne account, and that of the said
SasaXXXlla sixteene XXXXX were provided by and laded by his precontest
?Toribia ffernandez for his owne account, and that this deponent ?bought ?them
afterwards of him, and that the said ?Betts hath twenty chests and a third of a chest of the fore said
Indico for his account, and his owne chest full of druggs, And
saith that this deponent is a subiect of this Commonwealth and hath
lived tenn yeares and bin married and a XXX ?lodger XXXX yeares in this
?nation, five yeeres whereof hee lived in three tunne alley neere ?Moregate
and now liveth in Leadenhall streete over againstXXXXXX, and hath
loved XXXXXXX XXXX, but is an Irish man borne, and soe
is the said Betts, who hath lived in London for all the said time of this
deponents dwelling there, and (as hee hath heard) for tenn yeered before ?and
XXXX an Apprenticeshipp here to a Mariner. And further that the said
shipp departed from TXXXille aforesaid with ?intent to come and stop at
Dover or Deale wh?ence this deponent or the said ?Loyas were XXXX XXXX to
their said Imployers in this reXXX to receive orders aXXXX diXXXXXX, But
by//



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//by XXX XXXX was
In ?Milford

To the fourth fifth and sixth hee saith that the said Bets XXXyed the
XXXX XXX and was by the said Imployers XXX master of the said vessell
and was so to appeare untill her comming to the West Indies, XXXX
shee met with any ffrenchmen ?outwards XX XXX, in w:ch case Jerome XXXX
a dutch man (put in purposely therefore) was to appeare master of her
but in the West Indies John Lopes was to appeare Commander and XXXX
XXXX, and XXXX to doe all for his owne account, and saith their Instructions
were verball and not in writing, saving that M:r Tilly gave them a paper
belonging to the dutch) and that she belonged to the dutch West India
Company, w:ch paper the said Jerome was to show in case of meeting
with Spaniards, and in his custody XX was and was as XXXXX written in dutch.  ?And
saith they had Invoices XXX of their outwards and XXXXwards goods XX
XXbills of lading or charterpartie, w:ch Invoices were in the XXXXXX
of here said M:r XXXXX, who (as hee supposeth) brought them to London. And
saith that while shee rode in Milford havem, being an XXXX harboure, and
a shipp appearing (whome they suspected to be an Ostender) but proved
a Dutch?man ?of ?warre) this deponent desired that the English Invoices might
be hidd, w:ch was accordingly XXXXXX, but after when appeared to
be a Rotterdammer, they were taken in and were brought XXXXX,
and XXXXX thatm hee knoweth not of any ?hat
were hided, nor knowe there any truXXX XXXXX, throwne over board or
othewise made away hat hee knoweth or beleeveth. And otherwise
negatively, saving hee XXX know the said shipp before hee mett her and
thXX EXXXXXXX he bought as aforesaid at Amsterdam.

To the 7:th hee saith there were twenty men and a boy belonging to the
said shipp when shee XX XXXXX Milford, whereof seaven were Spaniards
the said John Lopez being one of the said Spaniards, and saith three of the
said Spaniards are in London, and the rest were left abroad And
further cannot depose.

To the 8:th hee saith there were tenn guns in the said shipp shee XX
came to Milford Haven, and that shee is of about ?seaven or ?eighty ?two tonnes
burthen, and that she had aboard her in silver two XXX, one
XXXX, two XXXXXXX, seaven or eight XXXXXX, and a tobacco box
and seaven or eight peeces of eight; w:ch the said John Lopez had ashore
at Milford. And otherwise hee cannot depose.

To the last, negatively.

PETER AYLWARD [His signature] [Five pointed star immediately to right of signature, in same black ink]

Repeated before D:r Godolphin.





P1120001 f. 77 verso

//To the 3 Interr hee saith that the tyme Interrogato there were ?three
other English shipps besude the Scioio at Lisbo?ne which ?were
offered imployment for the Brazeele & did goe upon the same And
saith as aforesayd that most of the Company of the Scipio did
refuse to goe the voyage for Brazeele without they might have their
wages first agreed on augmented And hee beleeveth that the sayd
?Ewans was necessitateX to promise the sayd augmentation by
reason his Company redused to goe to Brazeele without augmentation
of wages & as hee beleeveth would not have proceeded thereon in case
the sayd ?Ewans had not promised the sayd augmentation/

To the 4:th hee answereth negatively for his part

To the 5:th hee saith the ?rate that dollers went for at Lisbon the
tyme interr was sixe shillings per doller and XXX this deponent
for his part receaved of the Interr Ewens sixty dollers and a
halfe for his wages then and there being then due to him
eight moneths wages, but what others received hee knoweth
not but saith there was then about eight moneths wages due to every
one of the sayd shipp Scipio her company And saith the dolleres XX
?recvd as aforesayd hee recvd at the rate of fower and sixe per XX
doller but this deponent noe way forced the sayd Ewens to pay him
the sayd dollers at that rate, there being noe words or difference
betweene the sayd Ewens & this deponent either touching the XXXX
goeing the voyage to Brazeele or the rate of the dollers but the
sayd Ewens voluntarily paid ?then (OR, ?them) to him at that rate of 4:s - 6:d
knowing this deponents wages XXX accounted to soe much And
further hee cannot answere./

To the 6:th hee saith hee is paid all his wages for the voyage in question according to accXXXX
?tration made betweene the sayd Ewens & this deponent thereabout
soe that ?hee intendeth nor saith against Ewens whosoever prevaileth
in this cause And to the rest negatively for his art And further
cannot answere/

To the 7:th hee saith the sayd ?ffosse did of this deponents knowledge
?defect or leave the shipp Scipio at Lisbone before her goods
were all unladen, & soe left her as hee
beleeveth without the good likeing of the sayd Ewens And further
to this Interr hee cannot answere./

To the 8:th hee saith hee never heard that any of the Companye?s of
the other English shipps that went the sayd Brazeele Voyage in ?Comoany
of the Scipio had any encrease of pay And further hee cannot answere

Thomas XXXXXX [His signature]

Repeated before dr:X Godolphin/

**********************************************************

Case: XXXX; Deposition: 2. William Bryant, of St. Mary Magdalen, Bermondsey, Surrey, Mariner & Masters mate, aged 46 years


The same day

Examined on the sayd allegaccon./

2. WILLIAM BRYANT of S:t Mary Magdalen BermoXXXX
in the County of Surrey Mariner Masters mate of
the Scipio the voyage in question aged forty six yeares
or thereabouts a witnesse sworne and examined
saith & deposeth as followeth vizt.

To the first arle of the sayd allegation hee saith that in the monethes of
November december January ffebruary & March 1648 and in all the
monethes//



P1120002 f. 78 recto

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//moneths arlate happening in the yeare 1649 and during the moneths
of March Aprill May June July August September October November
December Januaray ffebruary & March 1650 and XXXX Aprill 1651 the arlate Thomas
Ewen was Master & Commander of the arlate shipp the Scipio and had
the care and charge of her as Master committed unto him by her Owners
this hee the better knoweth for that hee was the sayd Ewens his Mate
during the voyage in question./

To the second hee saith that in the moneths of September October November
December & January 1648 the sayd shipp Scipio was lying in the River of
Thames takeing in goods for a tradeing voyage for which shee was bound from
this Port of London to be made to the Straights or the places neere there
about and soe to returne and thence to this port of London and for ?that
a tradeing voyage from London to the streights & back againe the sayd Edward hyred this
deponent at London to goe his mate, & the sayd shipp at her goeing
from this port of London which was in the moneth of January 1648
had then noe designe of goeing to Brazeele or any other parts of
the West Indies that this deponent knoweth of the sayd EXXXX not
hyring this deponent to goe any other voyage to XXX from London
to the streights & back againe for London And further to this arle
hee cannot depose not being privie to the hyreing of any other of
the Mariners of the sayd shipp nor knowing upon what rates or
conditions they were hyred./

To the 3:4:th and 5:th arles hee saith that before the goeing forth of the
sayd shipp the arlate Humfrey ffosse was hyred to goe Boatswaine
& the arlate John Tucker Quartermaster & the arlate Charles Howgate a fore
mast man of the sayd shipp Scipio the voyage in question, and saith hee
this deponent was hyred at fifty shillings a month which is the usuall
rate or rates lesse than usually Mates of shipps who goe a voyage to
the Streights & thence back to London have, And further for the reason
in his foregoeing deposition declared hee cannot depose saving hee
saith hee knoweth the sayd ffosse Tucker & Howgate with the rest of
the sayd shipp Scipio her company proceeded upon her voyage from London
to Genoa in the Streights & there discharged her ladeing &
tooke in some goods there & went with them to
Ligorne where fayling of their designe they landed the goods brought
from Genoa and went from Ligorne to Allecant and there laded goods
& went therewith to Lisbon and there unladed them And further saving
his subsequent Depon hee cannot depose./

To the 6:th and 7:th arles of the allegation hee saith that after the sayd
shipp Scipio had at Lisbone discharged her Ladeing brought from
Allecant the sayd Thomas Ewans her Master did take upon him a new
Voyage to be made from Lisbon to Braseele & thence back to Lisbon
and having contracted with her ?factors XXX about the same then made the same
knowne to his Company who not being hyred when they came
from England to goe any such voyage the most of them disliked the
sayd voyage and refused to goe that voyage it being beyond the
Lyne & an unhealthyfull voyage unlesse they might have an XXXXX
of//



P1120003 f. 78 verso

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//of wages over & above the rates agreed upon with them at their
coming from London whereupon the sayd Ewens seeing the un-
willingnesse of his Company to goe the sayd voyage to Brazeele
did encourage them to goe the same publiquely upon the deck
of the sayd shipp in p:rsence of this deponent & divers
others of the shipps company promise to pay them off all their
wages then due (being abought eight moneths) according to the
agreement made in London, and for the ?future to add five shillings
in the pound monthly to every mans wages belonging to
the sayd shipp over & above the monthly wages first agreed on at
London and in pursuance of XX his promise did pay his sayd
shipps Company eight moneths pay or thereabouts after the rates
first agreed on at London And the Company accepting of the same
?ayd of his promise of five shillings in the pound monthly XXXXX
XXXX ?failure did agree to goe & did goe the sayd voayage to Brazeele & thence
back for Lisbone & amongst the rest the sayd ffosse Tucker and
Howgate did soe agree & goe the sayd voyage to Brazeele and
returned back againe to Lisbon in which voyage after the sayd
new contract of five shillings in the pound p moneth advance the
?the sayd ffosse Tucker & Howgate & the rest of the mariners of the
sayd shipp XXXX in the sayd shipp Scipio neere upon twenty moneths
& in that tyme XXXX their ladeing at Brazeele XXX off the Ladeing brought from Brazeele XXX
& saving that while they were at the Brazeele the ?Porta XXXXX in ?which
service the sayd shipp & other English shipps were, did XXXXXX out
of the sayd shipp Scipio the sayd Ewens her Master & the sayd ffosse
Tucker & Howgate & divers others of the sayd Shippscompany and
put them aboard ?portage for shipps to XXXX in the homewards voyage
& put Portuguese aboard the Scipio in their roomes, ?and they did
alsoe to other English shipps that went the sayd voyage which they did
as this deponent beleeveth to secure their goods that the English XXXX
XXXX away with the goods laden for Accompt of Portugueses
aboard their shipps And further hee cannot depose./

To the 8:th and 9:th arles hee saith hee referreth himselfe to the ?Registry
of this Court & to the Laws & further cannot depose

To the 10:th hee saith the arlate Thomas Ewens was & is a subiecte of
this Common wealth and subiect as hee beleeveth to the Jurisdison of this
Court./
To the last hee saith his foregoeing deposition is true

To the Interries./

To the first hee saith hee cannot answere not being p:rsent when XX
psons Interr were hyred nor knoweth at what rates or upon what
conditions they were hyred./

To the 2 hee saith hee was Masters mate of the Scipio the voyage
in question and saith hee was hyred only to goe upon a tradeing
voyage back to London and not to XXXX ports or places as the sayd
Ewens ffactors got imployment for And further hee cannot answer

To the 3 Interr hee saith that at the tyme Interrogate there were fXX
?other//



P1120004 f. 79 recto

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//other English shipps beside the Scipio all which as well as the
Scipio were ?offerdd & did take imployment & goe for
Brazeele in Company of the Scipio And further saving his foregoeing
deposition hee cannot more pticulalry answere./

To the 4:th hee saith hee was one of the shipps Company which
soe refused to proceede unlesse his wages were augmented And
saith if this ?respondent could have gotten his wages then due
according to the first agreement & safe passage from Lisbon to
London hee beleeveth hee would have deserted the sayd shipp in
case the sayd Ewens had not agreed & promised an auge-
mentation of wages And further hee cannot answere/

To the 5:th hee saith hee reced pay for eight moneths at
the rate of fower shillings sixe pence a dollar the sayd Ewens
having agreed to pay the same at that rate it being the usuall
rate (according to English money) that teh sayd dollars are worth
& saith that a dollar doth usually foe at Lisbone for sixe shillings
portuguese money, and saith the number of dollers hee reced hee
now remembreth not but saith there was wwhen hee as soe paid
?some ?dayes above eight moneths pay due at the rate of fifty
shillings p moneth And what others reced hee knoweth not
saveing hee beleeveth they reced eight moneths pay
at the like rates of 4:s 6:d per doller. And further hee cannot
answere/

To the 6:th hee saith hee hath reced of the sayd Ewens his wages
for the whole voyage in question at such rate as was awarded
to him by Arbitrators chosen by the sayd Ewens & this XXondent
soe that hee intends noe suite whosoever p:rvailes in this cause
And to the rest negatively./

To the 5:th hee saith hee knoweth that the factors ffosse & Miles did
depart the shipp at Lisbon before all her ladeing was delivered
or unladen there & without the good likeing
or leave (as hee beleeveth) of the sayd Ewens, & saith that hee
beleeveth the sayd Tucker & Howgate stayed at Lisbon till the sayd
shipp was wholly unladen zthere And further hee saith hee hath
heard & beleeveth that the Interr Myles did take away some tobacco
out of the Shipp Scipio (but the quantitie hee knoweth not) & hath
heard the sayd Ewens saye that hee paid fower scre Mill Rias
for tobaccoes taken out of the sayd shipp And further hee cannot
answere/

To the 8:th Interr hee saith hee cannot answere not having heard
anything touching the matter Interrogate./

XXX BRYANT

Repeated before doc:r Godolphin/

***************************************************

Case: XXXX: Examination: 3. James Retallick, of Wapping, Mariner, aged 35: Date: March 5th 1658 English Style


See also HCA 13/129:Personal answers of Thomas Ewens: Allegation: Humfrey ffosse, John Tucker & Charles Howgate: Date: 2nd June 1659
See also HCA 13/129: Personal answers of Humfey ffosse John Tucker Christofer Mills: Allegation: Captain Thomas Ewens: Date: XXXX

The 5:th day of March 1658 English style/

Examined on the sayd allegaccon/

3 JAMES RETALLICK of Wapping Mariner aged thirty
five yeares or thereabouts a wittnesse sworne & examined saith
and deposeth as followeth vizt./ //



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//To the first arle hee saith that in the moneths of January ffebruary
and March 1648 and in the moneths & tyme arlate in the yeare 1649 and
1650 and untill Aprill 1651 the arlate Thomas Ewans was Master
& Commander of the arlate Shipp the Scipio and had the care & charge of
her as Master Committed to him by her Owners & for Master of her ?and
Com only reputed this hee so better knoweth being hired by the sayd XXXX
& goeing a foremast man of the sayd ship the voyage in question./

To the 2 arle hee saith that in the moneth of January 1648 the sayd ship
Scipio was bound from this port of London upon a tradeing voyage to
the Streights & other parts neere adioyning and soe to returne to this port
of London & saith in persuance of such voyage the sayd shipp about the latter
end of the sayd moneth of January 1648 fell downe to the Hope And
the sayd shipp at here goeing out had noe designe of goeing to Brazeele
or any other parts of the West Indies as this deponent beleeveth for that
the sayd Ewens hyred this deponent only to goe from London upon a tradeing
voyage to the Streights & back thence to this port of London, and made ?then
noe mention of her goeing to the Brazeele or any other pts of the West Indies
And further hee cannot depose not being privie to the hyreing of any
other of the shipps company nor knowing at what rates or upon what XX
conditions they were hyred/

To the 3: 4:th & 5:th arles of the allegation hee saith that before the goeing
forth off the shipp Scipio upon the voyage in question the arlate Humfrey
ffosse was hyred to foe & did goe Boatswaine & the arlate John TurkXX
Quartermaster & the arlate Charles ?Howgate a foremast man of
the Scipio the voyage in question but at what rates or what conditions
they were hyred hee knoweth not but saith hee this deponent was hyred
at the usuall rate of a voyage from London to the straights which was
twenty three shillings p month or twenty two & XXXXXXXXXXXXXXXXXXXXX And saith hee knoweth the sayd ffosse Turkes and
Howgate as alsoe this deponent & the rest of the Scipio her company
proceeded upon her voyage from London to Genoa in the Straights &
there discharged her outwards ladeing / there tooke in some goods & ?went
with them to Ligorne where fayling of their designe they there landed
the goods brought from Genoa, & went from Ligorne to Allecant and
there tooke in goods & went therewith to Lisbon & there unladed them
And further saving his subsequent deposition hee cannot depose/

To the 6:th and 7:th arles hee saith that after the Scipio had at Lisbon
discharged her ladeing brought from Allecant the sayd Thomas Ewans
the Master did take upon him a new voyage to be made from Lisbon to
Brazeele & thence to returne to Lisbon & having contracted with the
freighters for that new voyage acquainted his shipps Company
therewith, who not being hyred for any such voyage were most off ?them
unwilling to goe the same & refused to goe the same as being as ?they
?conceived an unlawfull voyage for that thereby they should XXXX the
hazard of being taken by the hollanders w:ch were then at ?differences
with the Portugueses in whose behalfe that voyage was to be made and
also be reason of the unhealthfullnesse of the voyage it being beyond ?the
lyne & to the south latitude about fifteene degrees, whereupon the sayd
Ewans seeing the unwillingnesse of the company to goe the sayd voyage
to Brazeele did publiquely upon the deck of the Scipio in p:rsuance of
this deponent & his p:rcontsts XXXXXhurst & XXgant & divers others of the
sayd shipps company to encourage them the more readily to undergoe the
sayd voyage voluntarily promised to advance his XXXXX Companyes wages
five shillings in the pound per month from that tyme during the sayd XXXX
over & above the wages hee had agreed with ?there for when ?hee shipped
at London, and to pay every of them their wages then due till
XXXX//



P1120006 f. 79 verso (duplicate of P1120005 f. 79 verso)

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P1120007 f. 80 recto

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//tyme according to the value agreed upon with ?them at London, which offer
the sayd shipps Company did accept & the sayd Ewens in persuance
of such his offere & promises did pay unto his sayd Company eight
moneths pay according to the first agreement made at London & did promise
& agree to pay them an addition of five shillings in the pound p moneth
for the future over & above the rates formerly agreed on which promise
of addition the Company did agree to & promised to provide on the sayd
Brazeele voyage and the sayd ffosse Tucker Howgate this deponent &
the rest of the shipps Company did thereupon proceede upon the sayd voyage
after the sayd new contract & went to Brazeele & there delivered their
outwards ladeing abd rekaded other goods & came back therewith
to Lisbon & alsoe discharged a good part thereof there in which service they continued after the sayd new agreement
abut twenty moneths, only hee saith that while they were at the Brazeele
the Portugeses in whose service the Scipio and other English shipps
were, did reXXXXX out of the Scipio the sayd Ewens the Master & the sayd
ffosse Tucker & Howgate & this deponent & divers others of the Scipio her
Company & put them aboard Portuguese shipps to serve in the homeward
Voyage & put Portugeses aboard the Scipio to serve in their ?roome, as
they did also to other English shipps that went the sayd voyage, which
they did as this deponent beleeveth to secure their goods laden aboard
the English shipps that the English might be thereby prevented of
running away with them And farther hee cannot depose./

To the 8:th and 9:th hee saith hee referreth him selfe to the Registry
of this Court & to the lawe And further cannot depose./

To the 10:th hee saith the arlate Ewens was & is a subiect of this Common
Wealth & Subiect as hee beleeveth to the authority of this Court./

To the last hee saith his foregoeing deposiccon is true./

To the Interries./

To the first Inter hee saith hee cannot answere not being p:rsent
when the persons Interr were hyred nor knoweth at what rates or upon
what conditions they were hyred/

To the 2 Interr hee saith hee was a foremast man of the Scipio the
voyage in question & saith hee was hyred as aforesayd only to goe
upon a tradeing voyage from London to the Straights & pts neere
therabouts & then back to Lodnon & not to such parts or places as
the sayd Ewens should get imployment for And farther hee
cannot answere./

To the 3 hee saith that at the tyme Interr there were five other
English shipps neside the Scipio all which as well as the Scipio
were offered & Did take imployment for Brazeele and goe thither
& returne in Company of the Scipio And saith hee beleeveth if the
sayd Ewens had not promised an Augmentation of wages the Company
of the Ship?swould not have gone the voyage to Brazeele, but saith
as afore sayd the sayd Ewans made the sayd promise voluntarily
to encourage his company to goe the sayd voyage. And farther saving
his foegoeing deposiccon hee cannot answeare/

To the 4:th hee saith hee was one of the Scipio her company when
?refused to proceed on the viyage to Brazeele unlesse his wages
first agreed upon were augmented And saith in regard hee know hee
was not at first hyred for any such voyage hee would have refused to goe
the same if the sayd Ewen had not promised an augmentation as aforesayd/ //



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//To the 5:th hee saith that dollers did the tyme Interr & doe goe at Lisbon at the rate of
sixe shillings portuguese money but are usually paid to mariners
at the rate only of fower & sixe pence (OR, pounds) sterling and saith at that value
of fower shillings sixe pence (OR, pounds) the doller hee reced of the say Ewens
at Lisbon eight moneths pay but how many dollers that amounted to hee
remembreth not And what others recevd hee knoweth not but between
they recvd eight months pay at the like rates of fower shillings XX
pence a dollar And further hee cannot answere./

To the 6:th hee saith hee hath recvd his whd his whole pay for the voyage
in question only according to the first agreement, without any
augmentation because hee was unwilling to goe to lawe for the ?same
though it were due, & hath given a discharge of all wages soe that
hee intended noe suite thereabout whoseever doth prevaile in the
cause And to the rest negatively./

To the 7 hee saith hee cannot answere knowing nothing thereof

To the last hee saith hee cannot answere having not heare any
thing touching the matter Interrogate./

JAMES RETALLICK [His signature]

Repeated before doc:r Godolphin/ //

*********************************************************

Case: XXXX: Examination: 4. ffrancis Mould, of Poplar, Stepney, Middlesex, Mariner, aged 64: Date: March 7:th 1658 English Style


//The 7:th day of March 1658 English Style

Examined on the sayd allegation./

Rp.

4 FFRANCIS MOULD of Poplar in the pish of Stepney and
County of Midd Mariner aged thirty foower yeares
or thereabouts a wittnesse swornne & examined
saith & deposeth as followeth vizt./

To the first arle hee saith that in the moneths of december Januaary
ffebruary & March 1648 & in the moneths & tyme arlate in the yeares
1649 and 1650 and untill August 1651 the arlate Thomas Ewans was
Master & Commander of the arlate Shipp the Scipio, & had the care and
charge of her as Master & Commander Committed to him (as hee beleeveth)
by her Owners, and for Master & Commander of her
during the sayd tyme was Commonly reputed this hee the better knoweth being
hyred by the sayd Ewens & goeing a foresmast man of the sayd shipp thereXXX
voyage in question And further hee deposeth not./

To the second arle hee saith that withinn the tyme aforesayd and more
especially in the yeare 1648 the shipp Scipio was bound forth from the
Port of London upon a tradeing voyage to the Streights or other parts neere
?thereunto adioyning & soe to returne thence for London & in order thereto did
in the moneth of January 1648 sett sayle from London & fell downe as XX
as the Hope And the sayd shipp at such her departure from London had
noe designe of goeing to Brazeele or any other part of the West
Indies this hee deposeth for that hee knoweth that hee this deponent and
John Mi?ater a foremast man alsoe of the Scipio who was hyred XXX
only to goe upon a trading voyage from London to the Streights and parts neere
adiacent & soe back to London & were not hyred to XXX in her to Brazeele ?or
any other parts of the West Indies And further hee cannot depose not being
privie to the signeing off any other of the sayd shipps company nor knowing XXX
rates or upon what conditions they were hyred./ //



P1120009 f. 81 recto

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//To the 3 4:th and 5:th arles of the sayd allegacon hee saith that before
the goeing forth of the shipp Scipio upon the voyage in question the arlate Humfrey
ffosse was hyred to goe & did goe Boatswain & the arlate John Tucker
Quarter Master & the arlate Charles Howgate a foremast man of the Scipio
the voyage in question but at what rates or upon Conditions they
were hyred hee knoweth not but saith hee ?hee this deponent and the sayd
M?iater were hyred at the usuall rates of foremast men for a voyage to the
streights And saith hee knoweth that the sayd ffosse Tucker & Howgate
as alsoe this deponent & the sayd Minter & the rest of the Scipio her company
did proceed on her voyage from London to Genoa in the Streights and
there discharged her outward ladeing & then tooke in some goods and
went with them to Ligorno where fayling of their designe they then landed
the goods brought from Genoa & went from Ligorne to Allecant and there
tooke in goods, and went therewith to Lisbon and there unladed them
And further saving his subsequent deposition heecannot depose/

To the 6:th and 7:th arles of the sayd allegation hee saith that after the
Scipio had at Lisbon discharged her ladeing brought from Allecant
the sayd Thomas Ewans did take upon him a new voyage to be made
from Lisbon to Brazeele & thence to returne to Lisbon & having bargaine
with his freighters for that voyage hee acquainted his shipps company
therewith who were most of them unwilling to goe the same they not
being hyred as they sayd to goe any such voyage when they came from London as
alsoe because the voyage was to an unhealthyfull Country lyeing
beyond the Lyne about fourteene or fifteene degrees to the South latitude and
in service of a foreigne Nation whereupon the Whereupon the sayd Ewens seeing
the unwillingnesse of his Company to goe the sayd voyage to Brazeele
did publiquely upon the deck of the Scipio in p:rsence of this deponent
& his p:recontests Pinshurst Bryant Rolallique & most of the sayd
Shipps company to encourage them with alacrity to goe the sayd
voyage voluntarily oromise to advance every of the shipps company
their wages five shillings in the pound per moneth from that tyme
during the sayd voyage over & above the wages hee had agreed with
them for when hee shipped hence (OR, ?Then) at London, and to pay them their wages
then due till that tyme according to the rates agreed upon with them
at London which offere hee saith the Company accepted And the sayd
Ewens in persuance of such his offere & promise did pay unto his
sayd Company eight pounds pay according to the first agreement
made at London & did promise and agree for the future to pay them
an addition or augmentation of wages after the rate of five shillings
in the pounds over & above the valew formerly agreed upon at London
which promise the Company accepted & thereupon proceeded upon the
sayd voyage to Brazeele & the sayd ffosse Tucker ?Gourgate & this dep:t
& the rest of the Shipps company did thereupon proceed upon the sayd
voyage after the sayd new agreement & went & served in the sayd shipp to
Brazeele and came back to Lisbon which they soe performed in
the space of about twenty moneths after XXX their ?new agreement
& made in that tyme discharge of their ladeing at Brazeele and alsoe
at Lisbone after their returne thither, only hee saith that while the sayd shipp
was at Brazeele the Portugueses in whose service shee was did for the
better//



P1120010 f. 81 verso

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//better sXXXing their goods that the English might not come away with
them XXXX the shipp ?remove out of the shipp Scipio the sayd Ewens ?the
Master & the sayd ffosse Tucker & ?Howgate & this deponent & divers other
of the Scipio her Company & put them aboard Portugese shipps to serve
in the homewards voyage & put Portugeses aboard the Scipio to ?serve
in their XXXXXX till shee came to Lisbon, as they did alsoe to other English
shipps then in service of the Portugeses And saith after the Scipio came
to Lisbon her Company were admitted to goe aboard her & did goe
aboard her & ?there deliver her homewards ladeing & the same being
delivered they XXXX afterwards for England And further hee cannot
depose/

Top the 8:th and 9:th hee saith hee referreth himselfe to the Registry of the
Court & to the lawe And further cannot depose/

To the 10:th hee saith the arlate Ewens is a subiect of this Commonwealth
& subiect as hee beleeveth to the XXXXty of this Court& further hee cannot
depose./

To the last hee saith his foregoeing dep:on is true/

To the Interries

To the first Interrie hee saith hee cannot answere not being p:rsent when
the psons Interr were hyred nor knowing at what rates or upon what
Coditions they were hyred./

To the 2 Interrie hee saith hee was a foremastman of the Scipio the
voyage in question And saith hee was hyred as aforesayd only to ?goe
upon a tradeing voyage from London to the Streights and parts XXX
thereabouts & thence back to London & not to ?such parts or places as
the sayd Ewens should get imployment for And further hee
cannot answere./

To the 3 Interr hee saith that at the tyme Interr there were three or
foure other English shipps beside the Scipio all which were offered &
did accept of & ?goe the Brazeele voyage in Company of the Scipio ?&
XXXXX thence to Lisbon in her Company And saith hee beleeveth
the sayd Ewens had not made the sayd promise of Augmentation
of wages his Company or the greatest pt of them would not have
gone the voyage to Brazeele, yet saith the sayd ?promise was not
?extorted from the sayd Ewens but by him made voluntarily to
encourage his Company to undergoe the sayd voyage
yet beleeveth that ?divers
of the Company would bot have gone the voyage if the sayd Ewens
had not promised an augmentation of wages as aforesayd ?And
further hee cannot answere/

To the 4:th hee saith hee was one of the Company of the Scipio XX
refused to proceede on the voyage to Brazeele in regard hee was XXXX
at first hyred for any such voyage And saith hee would not have XXX
the same unlesse the sayd Ewens had promised an Augmentation
of the wages formerly agreed on./

To



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//To the 5:th hee saith that the tyme Interr dollers did usually goe at
Lisbon for six shillings Portugese money but were usually paid
to Mariners Englishmen at the rate only of fower & sixe pence sterling
per dollwer at which rate the sayd Ewens then paid this deponent
eight moneths pay which was the wages then due to him according
to the first agreement And saith his wages by the first agreement
was two & twenty shillings money but how many dollers that
accounted to hee now remembreath not And saith the sayd Ewens
paid this deponent at the sayd rate of fower & sixe pence a doller
voluntarily without any XXXXXXent by this deponent soe XXXX
And further hee cannot answere/

To the 6:th hee saith hee hath not receaved all his wages due for
the voyage in question but saith there is about ?three or fower moneths
wages still Due to him this deponenta ccording to the second agree-
ment made when wages were augmented for which
hee saith hee intendeth to sue if the ?ptirr Agent prevaile in this cause
And to the rest negatively./

To the 7:th hee saith hee cannot answere knowing nothing nor
having heard any thing to the effect Interr./

To the last hee saith hee cannot answere knowing nothing nor
having heard any thing to the effect Interr./

The marke of the sayd
ffrancis F M Mould//

********************************************************

Case: Swire con Church: Examination: 7. James Dixson, of Ratcliffe, Mariner, aged 30: Date: March 21st 1658


//The 21:th of March 1658./:

Examined on the foresaid Allon on the behalfe of
the said Church./.

Swire con Church)
aforesd)

vide: ?C15.L:12:/:

Rpet ?C ?poribus ?6.

7:us JAMES DIXSON of Ratcliffe Mariner aged 30 yeeres
or thereabouts sworne and Examined.

To the first arle of the said Allon hee saith that at such time as
the arlate ship the Ph?oenix came and arrived in the river
of Thames: (w:ch was about a yeere and halfe since) and anchored
at or neere the place where the p:rtended damage was done to
the arlate ship the Consent, The said Ship the Ph?oenix, did
ryde by two Anchors the one being cast out to the Northward?s
of the River, and the other to the Southward, of the said River as is usuall
And saith the sayd Ship Phenix was alsoe made fast to aship
whereof one Morgan was M:r w:ch Rid by her. And saith that
there was a buoy well fastned to each of the said Anchors belonging
to the Phonix w:ch were Cast out as a foresaid, w:ch said Buoys
were seene at most times of the Tide. The premisses hee
deposeth for that hee was then Boatswaine of the said Shipp
helped to Cast out her said Anchor. and sawe y:e said ?Boyes
well fastned thereto, and were soe fastned when y:e said Anchors
were weighed after y:e Damage done to the Consent and further
hee cannot depose./.

To//



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P1120013 f. 82 verso (duplicate of P1120012 f. 82 verso)

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//To the 2:d & 3:d hee saith that that place where the said Ship
the Ph?oenix did soe ride at anchor as aforesaid, was and
is a very usuall, and Comon place where Ships did
usually ride, and lye in, And saith the said Ship the
Ph?oenix did there lye some Certaine dayes without
doeing any dammage to, or receiveing any Damage from,
any Ship or Vessell whatsoever, And saith that after
shee had rid some Certaine dayes at the said place
the arlate Ship the Consent came and ?sat upon
the said Anchor belonging to the Phonix w:ch lay
to the Northward, And further cannot depose; for
that hee was not then on board y:e Phonix, nor sawe
howe y:e said ?damage came to the Consent. But went
(about XXXX a ?Clock of y:e ?Saturday arlate and XXXX

To the .4.:th hee saith that hee verily beleeveth that if
the Consents Southerne Anchor had not broake
from her Cable and gave way. shee would not nor
Could bot in any Probability have come and sat upon
the Phonex her Northerne Anchor. and further
Cannot depose:/:

To the 5:th hee saith that from Thursday: untill about seaven
a Clock of the Saturday next followeing, the Ph?enix and y:e
Consent did every tide winde about as the tide went
and in all that time the Consent never ?Touched
the Ph?enix or her Anchor or either of
them, that this depo:t knoweth of: And further
hee cannot depose:/.

To the 6:th. hee saith that the said Anchors belonging to the
Ph?enix were as aforesaid Cast out the one to the
Northward and the other to the Southward and otherwise
hee deposeth not

To the 7.:th hee saith that for many dayes before ; and untill
the said Damage happened to the Consent, by her
sitting uppon y:e Ph?enix her Anchor, there was only one
boy onboard y:e Consent to looke to her, and saith hee
beleeveth that if there had bin men on board her that
would have XXXed and XXXed her the sd damage w:ch XXXX
to the Consent might have bin p:rvented The
foresd premisses hee deposeth for that hee was and
continued on board y:e Ph?oenix, a great part of the time
that she came to and Anchored in the said place, XXX
hee went ashore in the evening of the said Saturday XX
next before the said Damage happened And further cannot
depose./.

To the 8:th hee saith that there ought to be three or foure
men on board a ship w:ch rides at Anchor:?s in the River ?of
Thames to ?looke to her and ?Veere and hale her upon
any occasion:/:

To the 9:th//



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//To the 9.:th hee saith that the said Ship Consent at the time
of her sitting upon y:e Ph?enix her Anchor as aforesaid
was an old, Rotten, Ship, and had layne there (as this
depo:t was informed) about Eleaven monethes, and
saith that noe Ship ought to ride moored soo long by her
owne Cables without men sufficient on board her to Veere
and hale her, unlesse y:e ship ride at a Chaine, or behaw?ld
ashore, And further hee cannot depose:/:

To the 10:th hee saith that after the said Ship Consent had sat
upon y:e sd Ph?enix her Anchor. y:e sd arlate Swire or some
Imployed by him, did hawle her into a very inconvein
-ent place, w:ch caused her to laye a long, and to make
such a ?hill that the wight of the water that was in
her was enough to carry her Bilge out as he beleeveth
And further he saith hee cannot depose:/

To the Interries:

To the first hee saith that M:r Church required him to come
and Testify the truth of his knowledge in this Cause,
And to the rest negatively to every pt:/.

To the 2:d hee saith hee daoth not nowe remember y:e day
of the moneth or weeke y:t the Ph?enix came in to the River
of Thames and Lay at Anchor in the River
nor remembreth howe many Tydes or howere y:e Ph?onex
lay there, before y:e sd Damage happened to the Consent,
but as hee thinketh she had lay at Anchor there about six dayes
before y:e sd damage came, and further cannot Answer
saving as aforesaid;.;/

To the third hee saith hee was aboard y:e Phonix when
she tooke up her birth in the said place, & to the rest
hee saith hee referreth himselfe to his foregoeing depon
and Otherwise negatively:/:

To the fourth hee answereth negatively saving as aforesd.

To the 5:th hee saith that y:e sd Ship the Phonix her Anchor:?s
lay neerest north and South all the time y:e Phonix rode
at the said place, and saith that Captaine Swire did
before y:e damage happened to his said Ship, Come
to the side of the Phonix, and desired the Company
of her to Carry their Northerne Anchor further
out, but answer was made that it was farr enough
out for the Phonix to ride by, and that the Phonix did
and Could winde well enough as it Lay or to that effect
and further cannot answer otherwise than negatively/

To the 6:th hee referreth himselfe to his foregoeing depon
and further cannot Answer:

To the 7.:th hee saith that y:e dammage w:ch happened to the
sd ship by her sitting ?on y:e sd Anchor, happened neere
Wapping, And saith that there is noe Chaine thereabouts
that this depo:t knoweth of and further cannot answer saving
as aforesaid:/.//



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//To the last hee saith hee Cannot Estimate the
dammage w:ch happened to, and came to the said
Ship after ger ?Sitting on the said Anchor. And
further cannot Answer./

Repd.

JAMES ?MXSON: [His signature]

************************************************************

Case: M:r Alsonso Gomez Dias for goods in the Morning Starr: Examination: 1. Claes Willems, of Middleborough, Mariner, late Master of the Morninf Starr: Date: Aprill 22:nd 1659


The 22:th of Aprill 1659:/.

The Claime of X Alfondso Gomez Dias)
for Goods in y:e Mornîng Starr)
Claes Willemson M:r=

Budd, ffrancklin)

Examined upon an Allon given in
by M:r ffrancklin on behalfe of
the said Alfonso Gomez Dias:

1. CLAES WILLEMS of Middleborough
Mariner, late M:r of the ship the Morning
Starr aged 38 yeeres or thereabouts
sworne and Examined:/:-

To the 1:st arle of y:e sd Allon hee cannot depose saving what followeth/.

To the second arle of the said Allon hee saith that in
the moneth of March 1657: one John ?Lonsell who then was
(as hee told this Depo:t.) the ffactor and Agent of y:e arlate
Alfonso Gomez Dias did lade and put on board the said
Ship y:e Morning Starr, (shee then lying in y:e Road of XXXXX
ffoure and fifty ?Cazara hydes, marked with the first marke
[MARK IN THE LH MARGIN] in the marg:t and alsoe one Chest of Tortoyse shells marked
[MARK IN THE LH MARGIN] the second marke in the margent, w:ch were soe laden on
board y:e sd ship the Morning Starr upon and for y:e Sole &
propper Account of the said Alfonso Gomez Dias, Merch:t of
Amsterdam, as this Depo:t verily beleeveth, and soe the said
LonXXX at the time of the Lading thereof Affirmed them
to bee, All w:ch sd goods were to be Transported in y:e sd Ship
Morning Starr from Sta Cruze aforesd to Amsterdam, and ?there
to be Delivered to the sd Alfonso Gomez Dyas or his order, the
premisses hee deposeth being M:r of the said Ship; And further
cannot depose/

To the 3:d arle of the said Allon hee saith that upon or p:rsently after
the said ffour and ffifty Caza?cca hydes, and y:e said Chest of
Tortoise shells were laden on board y:e sd Ship y:e Morning Starr
as aforesd, and before the sd Ship depted with the same from XX
sd Road of Sta Cruze hee this Depo:t (who was M:r of the XXX
Ship did with his owne XXXXX really & truely signe, three bills of lading all of one
Teno:r for y:e foresd ffour & ffifty Cazarra hydes & y:e said Chest of
Tortoise Shells; And further hee doth not depose./.

To the 4:th Article; and y:e XXXX Schedule or Bill of Lading annexed
showen to, and dilligently prsed by him this Depo:t, hee saith
deposeth that the said schedule or Bill of Lading annexed to the
Allon was and is, one of the said 3 Bills w:ch this Depo:t soe signed
for y:e sd goods. as aforesaid. and was soe signed by this Depo:t
on or neere about the day of the Date thereof:/. //



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//To the 5:th hee saith hee cannot depose:

To the 6:th hee saith that after the Lading of the foresd ffoure and
ffifty hydes & y:e sd Chest of Tortoise shells on board y:e said Ship
y:e Morning Starr, this Depo:t and Company set saile in &
with the said Ship, and the said goods in her from y:e sd Roade
of Sta Cruze bound for Amsterdam, and in her Course ?thither was
the said Ship, together with the said 54 Cazarca Hydes, and y:e
sd Chest of Tortoise shells and y:e rest of y:e Lading on board
her were seized, and taken by y:e Lizard ffrigot (Cap:t Baker
Comander,) being in y:e Imediate Service of this Comonwealth and
by him & Company Carried to Milford Haven, and from thence
to this Port w:ch hee knoweth being aboard y:e sd Ship Morning
Starr at the said time of her seizure, and
carried in her : to Milford Haven, & from thence to this port ,/.

To the 7:th & 8:th hee deposeth not ;/;

To the last hee saith his foregoeing depon is true ,/,

To the Interries /:

To the first he saith (as aforesd that hee was M:r of the said ship &
was in her when she was seized. and saith hee belonged to the
said Ship about a yeere before shee was seized, and came into
her first at Amsterdam:/:

To the second hee saith hee doth not knowe the said Alfonso Gomez
Dias And further cannot Answer ./.

To y:e 3:d hee saith hee Doth know y:e sd John L?owsel & hath soe done
ever since March 1657: but knowes not where hee was borne
but taketh him to be a Dutch, man. and further cannot Answer
saving as aforesd:/

To the. 4:th hee saith hee sawe y:e sd John ?Lousell. often times at Sta Cruze
in y:e moneth of March 1657. And y:e sd Lousel sent the foresd
goods in ?Boates aboard y:e sd Ship Morning Starr & further
cannot Answer it being soe long since;/

To the 5.th hee saith that hee sawe not the said Hydes or Tortoise
Shells bought or paid for and further cannot answer.

To the 6:th negatively-

To the 7:th hee saith that hee signed y:e sd three Bills of Lading
on or neere about y:e 10:th of March 1657. (new stile), in
Sta Cruze; in the warehouse of the sd ?Louzel/:

To the 8:th hee saith that hee is ?fully psuaded in his Conscience
that all y:e foresd Bills of Lading was & are true & reall, & not Colourble
and saith hee signed onely y:e sd three bills of Lading for y:e sd 54 Cazacco
hydes & y:e sd Chest of Tortoyse shells now Claimed; & knoweth XXX
nor beleeveth that there were any other signed for y:e sd Goods
by any other pson or psons whatsoever: & otherwise negatively for his
pt:/.

To the 9:th & 10:th hee hath not soe deposed./:

To the 11:th: hee saith that hee verily beleeveth that if the said
Shipp & Lading. had in her passage from S:ta Cruze to Amsterdam y:e
said Voyage, bin sunck and lost in y:e sea. y:e sd Alfonso Gomez Dias
must//



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//have borne and undergone upon his owne Account the losse
of the sd 54 Caracca hydes and y:e said Chest of Tortoise shells
now Claimed & Otherwise cannot Answer,/.

To the 12:th hee saith that hee verily beleebeth that no:e Spaniard
or subject of the King of Spaine had since y:e Lading (the
sd Goods, and Share or Interest in them or any pt thereof.
And otherwise cannot Answer.

To the last hee saith hee knoweth, not of any Assurance made
upon y:e sd 54 Cazacca hydes & y:e sd Chest of y:e Tortoys shells
or any pt thereof And further cannot Answr,/.

CLAES xxxxxxx [His signature]

Repeated before D:r Godolphin

*************************************************

Case: The Claime of Cowell, Canham & others for the Thomas: Examination: 2. Thomas Yoakeley, of St Catherines neere the Tower of London, Mariner, aged 31: Date: Aprill 27th, 1659


The 17:th of Aprill 1659:/.

The Claime of Cpwell, Canham, &)
others, for y:e Thomas aforesayd)

Examined upon an Allon made in the Acts if Court
on behalfe of the said Thokas Cowell,

2.dne THOMAS YOAKELEY of S:t Cathereones neer the
Tower of London Mariner, aged 31 Yeeres or
thereabouts sworne; and Examined./.

To the said Allon hee saith and deposeth that hee well knoweth the
ship the Thomas arlate, And saith that the arlate M:r Cowell
and one M:r ?Canlyam M:r ?Reed & Michael Yeakeley thelder,a nd Michael
Yeakley the Younger & this depo:t, Set out the said Ship, about January 1653
from this Port of London on a Voyage to bee made with her
from hence to Roan, & to other places beyond the Sea and XXX
the said Cowell Canham, and Reed, & XXX XXXXX XXXXX Lawfull Owners of her &
XXX XXX of there of her sd Owners went M:r of her, and saith the said ship, (being in her Course for this
Port & coming from Morlaix) was together with this Depo:t, & Company
seized by XXXX Brest men of Warr; on or about the fifteenth of Aèrill
1654: and saith that hee hath bin Certainely in formed by Letters
and otherwise that the said Ship Thomas was ?taken as aforesaid since XXXXX brought
unto ffalmouth; And further Cannot depose:

To the Interries

To the first he saith that hee knowe the said Ship Thomas. about
two yeares before. shee was seized by y:e sd three brest men of warr
and sawe heer last in Brest harbour after y:e sd time that she was seized & further saving as
aforesaid hee cannot Answer./

To the second he saith that y:e Thomas had noe Great Gunns on board her
at y:e time of he sd seizure that this Depo?t Knowth of, And further (saving
his foregoeing depon to w:ch hee referreth himselfe) hee cannoz Answer

To the last hee saith hee hath not seene y:e sd Ship Thomas or any of
her Anchors Cables. or sailes since her, being in Brest Harbo:r &
further cannot answer./:

THO: YOAKLBY: [His signature]

Repe:d in Court before both Judges ./:



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Case: Christopher Maly?m, Thomas Carret, Beth?el Tynck, George Southerne, George Rogers, Thomas West, ffrancis Rosse, and John Robeck, late Mariners of the Ship the Anne: Examination: 1. John Atkins, Ratcliffe, Mariner, aged 32: Date: February 26th 1658


//The 26:th of ffebruary 1658

Examined upon an Allon given in by
M:r Smith on y:e behalfe of the said ?Marriner

Christopher Maly?m Thomas Carret)
Beth?el Tynck, George Southerne)
George Rogers, Thomas West, ffrancis)
Rosse, and John Roberts: late Mariners of)
The Ship the Anne, whereof William)
Maly?m was M:r against)
?Daniel ?foo?ke: Smith Budd)

i:?us JOHN ?ATKINS of Ratcliffe Mariner
aged 32 yeeres or thereabouts Sworne
and Examined./:

Rp.

To the first article of the said Allon hee saitha nd deposeth
that hee beleeveth the arlate ffoo?ke Was
Owne:r of y:e arlate ship y:e Anne whereof W:m Malym was
M:r in y:e Month of November 1657: & soe hee hath heard y:e sd ffrancis ffoo?ke acknowledge and further hee
cannot depose/:

To the second & 3:d arles & schedule annexed hee saith that the said W:m Malym did Hire
att the Mariners schedulate, to saile & goe in y:e said ship
Anne from this Port of London, to Yarmouth, and
from thence to goe to Marsellis, and to other ports within the
Streights, and to returne againe to this Port; And saith th?at
Christopher Malym mentioned in y:e schedule was (as he remembreth) shipped at three pounds
per moneth, and soe much hee did Deserve the said Voyage
and saith hee knoweth not at what rates or wages, y:e other
Mariners Schedulate or any of the were shiped or
hired at p moneth to goe y:e said Voyage; but saith y:t Thomas
?Garret Carpenter of y:e said Ship well deserved i:li vj:s p
moneth y:e said voyage Bethell Tincke?r, a Comon man of y:e said ship
well deserved 1:li 7:s p moneth the said voyage George Southerne a Comon man of y:e said ship, deserved i:li 7:s p moneth y:e sd Voyage
John Robert Chirugeon of the said ship, well feserved 2:li 2:s p mon:th
y:e said Voyage; and Thomas West y:e Cooper of the said
Ship deserved, about 1:li x.s p moneth y:e said Voyage, And
saith the foresaid sommes are usually given to mariners that
serve in y:e places & qualityes aforesaid, on such Voyages and
rather more, The premises hee deposeth, being hyred
at this Port by y:e said William Walym, to goe Cheife Mate
of the said Ship Anne, y:e said Voyage; and goeing from
hence Mate of her, and Continueing in her till her
Casting away, And further hee cannot depose./:

To the 4:th hee saith that after the hyring of all the said Mariners
schedule (sic), y:e said William Malym sset saile with the said ship from
Gravesend to Yarmouth, and at Yarmouth y:e said William Malym
paid to all y:e Mariners schedualte their halfe pay, and further
hee cannot depose./.

To the .5:th hee saith that the said Ship Anne, and all y:e Marine:rs
schedulate departed and set saile from Gravesend on y:e said voyage
(on//



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//on or about the thirteenth day of November 1657: and ?from
that day all the said marine:s schedulate entred into whole
pay. and from Gravesend as aforesaid shee went to
Yarmouthand there tooke in her Lading of ffish, and
from thence sailed to Marcellis, and there delivered
the same. and tooke in Ballast, and sailed to Cyprus
and there (after they had Cleared their hold of y:e ballast,) tooke in
a Lading of Salt, and Caried the same to the port of
Satalea, and there delivered her Salt, and tooke in XXXXX
and sauled back againe to Cyprus, and tooke in another
Lading of Salt, and caried y:e same to Scanderoone, and
there delivered y:e same, andthe
last of y:e said Salt was
delivered at Scanderoone on or about the fourth day of
June 1658./. During all w:ch time (namely from y:e said
ships Departure from Gravesend, untill her Delivery of
her last goods at Scanderoone:/ all the Mariners XXX
did serve in y:e said ship Anne; and y:e foresaid Mariners
did doe their best Indeavour in y:e Service and Imployment
of the said ship, in their severall offices & places: w:ch hee
knoweth for y:e reasons aforesaid goeing from place to XXX
in y:e said ship, And further cannot Depose:/.

To the 6:th and 7:th hee saith that soe soone as y:e said ship
Delivered her said salt at Scanderrone, y:e said William
Malymy:e M:r and Company of the said ship. did take
aboard her, a Lading of Cottons, galls and other peeces
to be Transfported in her to this port of London, and
came from thence with y:e same on board her on or about
the 11:th. day of July. 1658. and in her Course XXXXX
the said Ship, and her Lading met with Extraordinary
soule, windy , and Tempestuous weather by w:ch shee was driven upon
y:e sand, neere S:t Vallazyes in ffrance; and
by meanes thereof split, and broken in peeces.
and utterly lost together with her lading, and saith y:e XXXX
came not, nor happened by any fault or negligence
of or in this depo:t or any of y:e Marine:rs in the said XXX
but saith that they did all their uttmost ?indeed
for her p:rservaccon, and saith that hee this depo:t (?who
then M:r of y:e said Ship y:e said W:m Malin?n being dead) aXX
all her Company were gone away in the ships boate for p:XXXX staid
hopting that by y:e providence of God she might get off. but
(XXX//



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//shee bilging upon the said Sands. this Depo:t was forced
to leape into y:e sea, and by Gods providence did swim XX to the Boate
w:ch belonged to y:e said ship, w:ch her Company had lost
upon y:e sands, And further cannot depose: saving all y:e mariners
schedulate did serve in her untill y:e time of the said
Bilging w:ch was on or about the thirteenth day of December
last. and further Cannot depose:/:

To the 8:th hee saith that from y:e time of the said ships departure
from Gravesend upon y:e said Voyage unto the time of
the Delivery of her last goods at Scanderoone was the space of seaven monethes & 3 weekes or thereabouts
and for soe long time the foresd mariners ought to be paid: their wages
And further Cannot depose; Saving his
foregoeing Depon to w:ch hee referreth./.

To the 9:th hee saith hee Cannot depose otherwise than as aforesaid

To the 10:th hee referreth him selfe to the registry of this Court

To the Last hee saith his foregoeing Depon is true:/:

See his answer to y:e Interries
2 Leaves sil?o

XXXXX ATKINS [His signature]

***********************************************

Case: Christopher Malyn, Thomas Carret, Bethnel Tynck, George Southerne, George Rogers, Thomas West, ffrancis Rosse, and John Robeck, late Mariners of the Ship the Anne:: Examination: 2. Joseph Bond: Date: February 26th 1658


//The same day :/.

Examined on y:e said AlloXs:/:

Rp.

2. JOSEPH BOND of Redriffe Mariner aged 26
yeeres or thereabouts sworne; and Examined:/:

To the first and second arles of the said Allon hee saith and deposeth
that from y:e time of the Arlate ship the Anne her departure
from the port of London on y:e voyage in question untill the
time of her Bilging hereafter mentioned the arlate
ffrancis ffowke (Merch:t of this City (whom this deponent knoweth commonly accounted
owne:r of pt of her, and soe hee verily beleeveth hee was
for that y:e said ffrancis fowke Now named y:e saod
ship y:e Anne shee being before called y:e Rainbowe; and alsoe
paid severall bills, for sailes, and Blocks, w:ch were delivered
on board y:e said Ship y:e Anne, a little before her goeing
out on y:e said voyage; And saith that one M:r ffowke
at Cyprus Correspond:t of the said ffrancis ffowje; told
this depot. that the said ship did wholly belong to him and
his brother ffrancis ffouke merchant of London, or to that
effect. and saith further that the arlate W:m Malim who was M:r of
the said ship y:e greatest pt of y:e voyage in Question, was
made M:r of y:e said ship (as hee told this depo;ts) by the
said M:r ffrancis ffouke; and further hee saith hee Cannot
Depose;
To//



P1120022 f. 86 verso

//To the 3.:d hee saith that in or about November 1657: ?y:e
said W:m Malim did hyre all the Marine:rs severall
mentioned in the schedule annexed to y:e said Allon nowe
showed unto him, to goe & serve in y:e said ship Anne
from this port. to Yarmouth, and from thence to
the streights. and to returne againe to this port. And
saith that y:e schedulate Christopher Malym Mate; and
Carpenter of y:e said Ship, was hyred at 3:li p moneth to goe y:e sd
Voyage; Thomas Garret Carpenter of the said ship at 1:XXX
p moneth to go y:e sd voayage Bethel Tinke (OR, Finke) A Common marriner of the said
Ship at 1:li. viij:s p moneth to goe the said voyage,
George Sotherne a Comon man of the said ship at 1:li ix:s
p moneth to goe y:e said voyage., George. Rogers a Comon
man of y:e said Ship at 1;li. viij:s p moneth, to goe y:e sd voyage, Thomas West
Coop at j:li. xiiij:s p moneth , to goe y:e sd voyage, & ffrancis RoXXX
at 1:li. 10:s p moneth to goe y:e said Voyage; And soe ?much
the foresaid Mariners well deserved, and soe much
is usually given to Marine:rs that serve in the quality
aforesaid. in such voyages. and oftentimes, greater
summes, And saith hee save y:e foresaid Marine:rs recvd
their halfe pay at Yarmouth and thereby knoweth y:e
premisses, but saith hee knoweth not for how much
John Roberts y:e Chirurghion of y:e sd ship was shipt
at, but saith hee well knoweth y:t hee well deserved
2:li. 2:s. p moneth, and saith hee this depo:t never ?knewe
lesse given, to a Chirurgion for y:e same; or y:e like Voyage
And further Cannot depose:/.

To the 4:th ad 5:th hee saith that after y:e said W:m Malym
had hyred the foresd marine:rs at the rates aforesaid to
goe the said Voyage; the said ship y:e Anne Departed
from Gravesend on y:e 13:th of November. 1657: and
sailed to Yarmouth, and there y:e said William Malym
paid all his officers & Mariners, their halfe pay; and
this depo:t (as hee saith) beleeveth that y:e said Malim
did Charge the same downe to the account of the ?said
Francis Fowke; and saith y:t notwithsatnding y:e said XX
halfe pay was paid to them at Yarmouth, they entred
whole pay from y:e day of the said ships depture from XXX
And further saith that at Yarmouth there was a Lading
of Herrings put on board her, w:th w:ch she sailed ?to
?Marsellis//



P1120023 f. 87 recto

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//Marsellis and there delivered her said Lading, and take
in Ballast, and sailed to Cyprus, and there (after her
ballast was heaved out,) shee tooke in a Cargo of Salt &
Carried the same to a place called Sattalia, and there
delivered y:e same, and having taken in Ballasts
sailed back to Cyprus againe, and after her hold was
Cleared of y:e ballast, shee tooke ?on another Lading of
salt, and Caried y:e same to Scanderoone, and there
Delivered the same And saith the last of y:e said Salt
was there delivered in or about the 6:th Day of July
Last. duringa all w:ch time the said Christopher Mallin
Thomas Garrat Bethel ?Finck Georhe Sotherne George
Rogert Thomas West ffrancis Rosse & John Roberte did
serve in the said ship in the places &offices aforesaid
Honestly, and did pforme their dutyes belonging to
their severall offices & Imploym:ts wherein they were
put. The p:rmisses hee deposeth goeing all the said voayage
in y:e said ship namely from her departure from Gravesend
untill the time of her bilging, And further hee cannot
depose;/:

To the 6:th hee saith after y:e foresaid salt brought from Xyprus
to Scanderoone was unladen as aforesaid at Scanderoone
there were there laden aboard her about One hundred
Baggs of Galls, about one hundred Bales of Cotton
Yarne, and other goods w:ch she sett sayle for this
port, touching at Cyprus, and in her Course hether wards shee was by
Extraordinary great winds, forced upon y:e sands. upon y:e Coast of ffrance
, and there bilged, and shee and her Lading
lost. And saith that neither her M:r nor any of her Company
were in any fault. but the same came and happened
meerely by y:e said Extraordinary winds and y:e will of
God. The premisses hee deposeth by sad Experience
being on board her, when y:e said Disaster happened,
And further hee cannot depose:/.

To the 7:th hee saith that the said Malim, Garrat, Tinke(?r)
Southerne, Rigers, West, Rosse &, Roberts, served in
the said Ship. from her said Departure from Gravesend
untill y:e said Disaster happened w:ch was on or about
the 13:th of December last, And further he Cannot
depose:/. //



P1120024 f. 87 verso

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//To the 8:th hee saith that from y:e time of y:e Departure of
y:e said Ship Anne from Gravesend & Untill the say of
her discharging of her last goods at Scanderoone ?was
about seaven monethes and three weekes and soe
long time all the foresaid mariners ought to be paid
their severall wages for w:ch they were hyred. and
further hee cannot depose/.

To the 9:th hee cannot depose saving as aforesaid./.

To the 10:th hee referreth himselfe to the Registry of this
Court./.

To the 11:th hee saith his foregoeing deponn is true.¨

?Repe:X (OR, ?Depo:d) before D:r Godolphin:/:

JOSEPH BOND [His signature]

To the Interries./.

To y:e 1:th hee saith that hee was Boatswaine of the said Shop XX
thie voyage in question and saith that at Ciprus
hee receaved Twenty Dolla:rs ?impot for his ?servicing
the said Ship, namely fourteene Dollars of ?money Roger ffowke at the XXXX of
said Ships being there, and y:e other six of his ?Precontest XXX at her
there ?touching in her XXX XXXXX as aforesd. And further hee cannot answer./

To y:e 2:d hee hath not Deposed to y:e arles Interrate. further than
by report./:

To the 3:d hee saith that hee well knoweth all the ptyes mentioned
in the schedule Interrate and saith that Christopher MXXim
John Roberts. George Southerne, XXXX TXXXXX, are in and
about London, and the other as beleeveth are gone in y,e States
Service: And saith they are all able And sufficient Marine:rs
and Seamen and fit for such places as they were put into
the said shipp./

To the 4:th hee saith that hee doth not account those Seamen able
and honest-men w:ch suffer a ship and Lading to be lost
before a faire winde, through their ignorance or Carlessnes
But saith that the winde was very high when y:e Anne
was driven upon y:e sd sands, and the Seas were ?mighty
boysterous. Insomuch that they beate over y:e Deck of the
sd ship with such a fforce that y:e Company on y:e Deck could
Scarce Stand upon their Leggs, and saith there were XXXXX
saved, and brought out of the said ship, just before her
breaching in peeces, and saith y:e bookes of Accounts belonging
to y:e ship, was not brought out. but left in her, when her
Company left her. And saith that, after the sd ship  ?Struck upon
y:e Sands, her Company had noe time to Take any of their
owne goods (save what they had about them) were all
busied about hoysting out their boate (OR, boats): and further doth not
answer;/:

To the fifth hee saith y:e said Ship Anne came from ffalmouth ?next
before//



P1120025 f. 87 verso (duplicate of P1120024 f. 87 verso)

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P1120026 f. 88 recto

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//before shee was Cast away. in Company of about five saile
of English ships and saith that y:e Xday when they came from thence y:e winde
was faire, and y:e next day y:e weather Changed, and was very
Boisterous, and y:e said other Ships which were bigger, and
better sailers than the Anne; left her behinde them, and y:e sd
ship Anne by y:e said High winds, foule weather, and greate
Tides (and by ?noe other meanes) was forced and driven upon
y:e Coast of ffrance, about tenne Leagues to the Westward
of ?Bullen, where shee as aforesd: was broken in peeces and utterly lost. And further cannot Answer/

To the last hee saith that all the said ptyes mentioned and
severally set downe in the said schedule; had receaved
at Cyprus some moneyes in pt of their Wages for their
service in y:e said Ship y:e voyage in question but how much hee knoweth not and further
Cannot answer;/:

JOSEPH BOND [His signature]

**********************************************************

Case: Sorrell con Hall: Examination: 4. William Sandwell, of Shadwell, Stepney, Mariner, aged 26: Date: March 4:th 1658


The 4:th of March 1658:/.

Sorrell con Hall: aforesd

Examined on y:e said Allon:

Rp.

4 WILLIAM SANDWELL of Shadwell in y:e parish
of Stepney mariner aged 26 yeeres or thereabt
Sworne and Examined

To the said Allon: hee saith that in the
moneth of November last, as this depo:t was goeing to y:e
Waterside; neere Colestaires, hee sawe one John Tyler, &
some others talking and discoursing in a Carpenters yard with one Mordecay Yonge:
(who (as this depo:t was informed) was one of the
Company of the arlate ship the Abigail;) and as this
depo:t was passing by them. hee heard the said Tylor, Yonge
and others talking about the s:d ship Abigail, and y:e ship y:e Agreem:t.
whereof John Hall was M:r and this depo:t having formerly heard
of that busines. hee stood a little way of to heare what the
said Yonge would say and relate about the said Busines;
And the said Yonge in the hearing of this depo:t told
them to this or the very same effect: THat the ships
being in Company together, and they being neere M:r
Hall, they called one to one another, to take more
roome; and one of y:e Abigails Company being at the
Lead said that there was shore?s water,
And some of the Abigails Company hearing him called to the
man of the Abigails Helme, and bid him Starboard, Starboard
and hee at y:e Helme replied that, if yow will have it Starboard
I will Starboard it enough, Put the
Helme//



P1120027 f. 88 verso

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//Helme hard a Starboard, and Went from y:e same, and
by that meanes. before wee could recover our ship, we
fell foule of M:r Halls; And this depo:t having heard y.e
said word or words to the same effect. hee was called
away upon other occasions, ad left the said Tyler XXXX
and others, ffarther discoursing about the said busines:
And further deposeth that on Tuesday, last hee this
depo:t went to M:r Hall y:e producents house, to discourse
with him. (hee this depot. being his neighbo:r & using alsoe y:e XXXX
Trade;) and there found one whose name (as this depo:t
now remembreth ) was John Bath?o?e, who told M:r Hall,
in this depo:ts or:rsence ; and hearing, that y:e ship Abigail bore
up from . y:e South East to the North East. And said alsoe
that had hee the said Bathoe found any thing in
his way hee would have taken it up andXXXXed the
man from the Head that was att y:eHelme: for being
soe Crosse in putting y:e Helme soe much ?on Starboard, and leaving
it soe; or to that effect, and saith hee beleeveth the said
Hall, and ?Bathoe, had had discourse before this depo:ts
coming into y:e sd M:r Halls house about the said Business
The premisses hee deposeth hearing y:e same as aforesd and
further hee cannot depose/:

To the Interries:/.

To the first hee saith that M:r Hall y:e producent required
him to come and Testify in this Cause; and to y:e rest hee
referrs himselfe to his forefgoeing deponn: And further
cannot answer:/:

To the second hee saith hee hath used the sea for about
Eighteene yeeres last, & about six yeeres last hath bin
a Master of a ship; And saith hee knoweth not what he
is worth, and further cannot answer/.

To the last hee cannot Answer:/:

Repeated before D:r Godolphin:/:

WILLIAM SANDWELL [His signature]

***********************************************************************

Case: XXXX: Answer: John Atkins: Date: XXXX


The answer of the foresd John Atkins To the ?Interries

To the first hee saith as aforesd that hee went from Gravesend
in y:e sd Ship y:e voyage in question, and Continued onboard
till shee was breaking and splitting on y:e said sands. And
saith that upon y:e Death of the foresaid W:m Malim (w:ho
was M:r of the said ship) this depo:t became M:r of her, hee
being before: y:e said W:m Malims Cheife mate; And for
that hee received at Satalia, of the sayd William Malim ?twenty
Eight ryalls of Eight, and at Scanderoone hee received of y:e sd Malim either Eight
or tenne Ryalls more (but, whether eight or Tenne he
?doth//



P1120028 f. 89 recto

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//doth not nowe remember having lost most of his Accounts.) nd
saith that those summes were all that hee receaved the said voyage
in pt of his wages for his Service in y:e sd Shipp, And further
cannot Answer.

To the 2:d hee hath not soe deposed.

To the 3:d hee saith hee well knoweth all y:e partyes schedulate.
and saith that Christopher Malym is here in London;
or neere London, and soe is the foresd John Roberts, but
knowes not where the rest are; And saith that all the
marine:rs schedule were able Seamen, and were all Able
(for ought this depo:t knoweth to the Contrary) to performe
their severall places which they were put into in y:e sd
ship y:e sd voyage, And further doth bot answer:/.

To the 4:th hee saith hee doth not approve those Seamen
Sufficient Mariners that willfully suffer a ship and her Lading to be
Cast away in afaire winde, And weather; when y:e Ship
hath Liberty, and Searoome; And saith that y:e bookes
of Accounts, and all other accounts touching the sd Ship & Lading; (w:ch were aboard
the said Ship, at and upon y:e Death of the said William
Malim,) were locked and Sealed up in a box, by one
Captaine Hudson Comander of theSmyrna ffactor, and
Miles Bro?cose Comander of the William (w:ch werein
Company of y:e Anne) the same daye that the said Will:m
Malim Dyed; and after they were soe Locked and
Seiled up, they were put into
the M:rs Cabbin, where they remained untill the
sd ship came to Cyprus, (after she came from Scanderoone;) where
(by order of the Wor:ll Roger ffooke) the said box was opened
in y:e presemce of the sd Captaine Miles Brouse, & Captaine PhXXX-
.ton, Comander of the Comerce; and y:e bookes or Accounts
wherein the bills of Ladeig firmed at Scanderoone; for their
homewards Voyage, were entred, was taken out and
delivered to the said Wor:ll Roger ffooke, and then y:e said
box was Locked and sealed up againe by the said BrouXX
and Plumpton, and put into the Hold of the said
Ship the Anne; where they Continued and were when
the said Ship was Cast away as aforesaid, And saith that
after the ?said Ship came upon y:e said Sand?s
her Company had noe time either to save any paps
or any of their Cloathes or goods w:ch were in y:e sd Ship,
but were most of them Imployed about Hoysting out
their boate, and using other meanes for saving of their
Lives. and while they were soe busied this depo:t gave, a small
bagg//



P1120029 f. 89 verso

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P1120030 f. 89 verso

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//of ?lettyrs to the foresd John Roberts, desiring him to have
a speciall care of them, and p:rserve them if hee coul
Possible; and all the Company of the said Ship, being gone
a way in their boat?s, and this depo:t staying aboard
as aforesaid, hee went into his Cabbin, and there tooke
some Copyes of Accounts w:ch lay there ready Tyde
up, and put them in his pocket, and there being other
Originall papers, Letters, writings w:ch hee thought were of
more Concernmen:t hee wrapt them up in a paire of ?Loinings
& a Shirt, the better to keepe them dry, and by that time
hee had soe done the ship was bilging, and hee
perceiving y:e same Imediately ranne upp, upon y,e Deck
of the ship, with y:e sd writings. and ?heaved off as aforesd.
and after hee had Carried y.e sd writings w:ch were
wrapt upp in his ?Loinings & Shirt, in his hand
about a Stones through from y:e sd Ship, hee was forced
for safeguard of his life; to let them goe, and with
much difficulty and hazard of his life got to y:e sd Boate
as aforesd. and soe by the Great Providence of God
got to Shore, where the said papers w:ch hee had in his
pocket were dryed, LARGE INSERTION TO BE TRANSCRIBED, and after, LARGE INSERTION TO BE TRANSCRIBED, ?before dryed they
came to the hands of one John Walker who was Mate
and Pilot of the said ship, who delivered the same to
this depo:t herein London and this depo:t delivered them
to the foresaid M:r ffrancis ffooke; and the
said Bag of XXtters which were p:rserved by y:e said Roberts
this depo:t Carryed to y:e said M:r ffookes Lodging
but hee not being then in Towne; (as this depo:t was
informed by one M:r Bridges. kinsman of the said
ffrancis ffowke, and at whose house the said M:r ffowkes lay.)
this depo:t acquainted y.e said Bridges. with his Busines
and y:e said Bridges advised this depo:t XX delivered
the said Letters to y:e merch:ts to whom they were directed
and the said M:r Bridges to that End went along with
this depot to the Exchange; where hee delivered the
said Letters according to thir Superscriptions; And further
hee cannot answer to this Interrie saving hee saith
that neither hee this depo:t nor any of his Company durst
venture into y:e ships hold to take out the said Boy
of writings & Accounts:/.

To the 5:th hee saith the said Ship Anne Came from ffalmouth
next before her Casting away, in Company of about 6 or ?X
saile, and y:e winde then was variable; and the weather thicj
& ffoggy ad saith hee heard that afterXXX Vessell y:t came from
ffalmouth y:e same day the Anne came thence was cast away y:e same night that the Anne was , and XX
y.e same Coast And further cannot Answer.
To//



P1120031 f. 90 recto

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//To the 6:th hee saith that the foresaid ships in a ?forceable Gale of wind outsailed
the Anne and the Anne. was driven by the said High
winds and foule weather on y:e sd Coast of ffrance, and further
cannot answer daying as aforesd./.

To the 7 Interrie hee saith hee knoweth not how much the
said Partyes schedulate or any of them received in pt for
their service in y:e said ship; but saith that at Cyprus in
their Coming home, hee laid out, and paid amongst
some of the ships Company by order of the wor:ll ffranics ffowke
, a Certaine summe of money but how
much hee knoweth not, nor perticularly to whom all y:e same
was pd. and further cannot answer:

To the Interries in 2:d loco;/:

To the first hee saith that the said ship Anne arrived at
Cyprus the first time on or about the first of
Aprill 1658: And from and after that time y:e said ship
was Imployed (as this depo:t supposed) by y:e sd wor:ll Roger
ffowke, and was by him ordered to goe to such ports & places
as hee thought fitt, And further cannot depose./.

To the 2:d hee saith the sd William Malin dyed on: or about
the seaventeenth day of July last betweene Scanderoone
and Cyprus. as the shipp was Coming homewards, and
this depo:t according to the Custome in such cases, succeeded
him and at y:e Ships Comming to Cyprus, w:ch was on or
about the last of July 1658. the said Wor:ll Roger ffowke
ordered this depo:t to take the Charge and Care of
her in bringing of her for England. And further hee cannot
depose:

To the 3::d hee saith that at Satalia the said Malym did
pay to severall of the ships Comp:a some moneyes, but
how much hee knoweth not, And saith that after y:e said
Mahims Death there was a Noate found. wherein was
written that all the Marine:rs schedulate had received
three monethes wages for their service in the said Ship
But of this Depo:ts Knowledge none of y:e marine:rs
schedulate receaved soe much: And further cannot Answer
saving his foregoeing depon.

To the 4:th hee saith that the foresaid money w:ch hee
this depo:t paid as aforesd to some of the marine:rs of
the said ship hee receaved it of the Wor:ll Roger ffooke,
And saith hee knoweth not pticulalry how much the Mariners schedulate
receaved nor any of them since their Departure from
Gravesend in y:e said Ship and further cannot answer/:

To the 5:th hee saith the said Ship Anne was Driven upon
the Coast of ffrance only by extreamity of y:e winde and wearger
and by y:e will of God . And saith that at Satalia was a Difference betweene M:r XXXXX ffrancis Rosse
and George Southerne mentioned in y:e sd schedule and XX sd ?Psons
but//



P1120032 f. 90 verso

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//but the said Difference was Determined by XXXX Roger
ffowkes, and y:e said Rosse, Southerne, and ?Bond; XXXX
receaved aboard the said ship againe, and Continued
in her untill y:e sd Disaster happened, saving y:e said
Rosse not being obedient to this depo:ts words &
Comands was by  ?then this depo:t put into y:e Guinney frigot
about free weekes before y:e sd disaster happened. and
further cannot answer:

To the 6:th hee referreth himselfe to his answer made to the
4:th Interre in the first place; and further Cannot
Answer./

JOHN ATKINS [His signature]

****************************************************

?Sims against Browne)

The 7:th of March 1658

Examined upon the foresaid libell.

Rp.

2. JOSEPH LAMBELL of London Marchant aged 43 yeares
or thereabouts sworne and examined.

To the first, second and third articles of the said libell hee saith and
deposeth that hee well knoweth the producent John Syms, and saith
that about eleaven or twelve yeares since hee this deponent living in the
Iland of Teneriff and being correspondent of the said SXXXXr, received a lre
from him dated at ?Lyon purporting that hee the said SXXXXX in a shipp
whereof Captaine ?Walfore was commander had at XXX XX England laded for his
account and consigned to this deponent to be delivered as XXXXXX tXXXX
bales of ?stuffs, one third part of the XXX sad and XXXX
?pipes XXXX, and some perpetXXXes strippd and XXed and some neither
and foure parts of linnen cloth, marked /to his remembrance) as in the
margent, And further hee cannot depose saving what followeth, it being soe
long since, and this deponents lres and disptaches being seized and taken away
at the XXXXX upon the falling out betwixt this Nation and Spaine./

To the fourth, fifth and sixth articles hee saith and deposeth that upon the arrival
of the said shipp the ?time aforesaid at XXXXX and this deponents receipt of the said lre
(w:ch came in the said shipp) hee this examinate XXXX the said ?belXXXXX order
to land the said goods XXXX XXXX by the said Simms and consigned to this examinate
but cannot answer that they were all landed by the said Captaine XXX XXXXXX
goods of one M:r Carling before such time as this deponents said order came
XXX XXXX, Whereupon this deponent went to the XXXXXXXX at
GraXXXXX to take order about receiving them, but found, only
packs of linnen cloth w:ch hee received  ?and hath wXXX XXXXX XXXX the XX interr XXX XXXX Spaines but for the rest of the said goods
before mencconed, hee w:ch (OR, with) they were missing or XXXing, and thXXXXX this
deponents XXX many endeavour to finde them out and receive them hee could by
noe meanes come by them, the said master having otherwise dusposed them
and conveyed them into other hands, and keeping himselfe purposely aboard
them this deponent should take XXX course in lawe against him further XXX
And having XX XXX the factory or XXXX schedule annexed, hee saith that
?M:r Simmes the time aforesaid XXX this deponent a factorie
of the said goods, andhee beleeveth the said factorie annexed to be a true XXXXX
or copie thereof and to XXXX with the ?same, and the contents thereof to be
true, and saith thet each thousand of the pXXXX as they were XXXX
X the said ?Invoice a ?fortiori were then on the XXXXXX worth fifteene XXX
XXXX//



P1120033 f. 90 verso

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//but the said Differnec was Determined by XXXX Roger
ffowle, and y:e said Rosse; Southerne; and Bond; XXXX
received aboard the said Ship againe; and Continued
in her untill y:e sd Disaster happened, saving y:e said
Rosse not being obedient to this depo:ts words %
Commands was by him this depo:t put into y:e Guinney ffrigot
about three weekes before y:e sd disaster happened and
further cannot answer:

To the 6:th hee referreth himselfe to his answer made to the
4:th Interr: in the first place; and further cannot
Answer./

?JOH: ATKINS [His signature]

******************************************************

Case: Simms ag:t Browne: Examination: 2. Joseph Lambell, of London, Merchant, aged 43: Date: March 7th 1658


Sim?s against Browne)

The 7:th of March 1658

Examined upon the fore said libell.

D:r.XXX
XXXX

Rp.

2. JOSEPH LAMBELL of London Marchant aged 43 yeares
or thereabouts sworne and examined.

To the first, second and third articles of the said libell hee saith and
deposeth that hee well knoweth the producent John Syms, and saith
of or about eleaven or twelve yeares since hee this deponent liveing in the
Island of Teneriff and being correspondent of the said Simms, received a lre
from him dated at ?Lynn purporting that hee the said Suymes ina a shipp
whereof Captaine XXXXX was commander



P1120034 f. 91 recto

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ADD%20TEXT

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Nuthall%20con%20Potts%20aforesd%3A

The%207%3Ath%20day%20of%20March%201658.

Examined%20on%20the%20said%20Allon%3A

Rp

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Scrivener%2C%20aged%2026%20yeeres%20or%20thereabouts
sworne%20and%20Examined%3A/.

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hee%20saith%20that%20in%20y%3Ae%20moneths%20of%20November%20December
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as%20hee%20likewise%20told%20him%20this%20depo%3At.%20%20And%20further%20he%20cannot%20depose

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y%3Ae%20arlate%20James%20Nuthall%2C%20at%20y%3Ae%20request%20of%20the%20said%20Potts
did%20Lend%20him%20the%20said%20Potts%20in%20this%20depo%3Ats%20p%3Arsence%20%20%28who%20XXXX%20y%3Ae%20sd%20money%20paid%29%20y%3Ae
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And%20that%20in%20Consideraconn%20of%20the%20same%20the%20said%20Potts%20did
Covenant//



P1120035%20f.%2091%20verso

%27%27%27High%20quality%20digital%20image%27%27%27

//Covenant%20and%20promise%20to%20and%20with%20the%20said%20Nuthall
to%20pay%20unto%20him%20the%20summe%20of%20One%20hundred%20ffifty%20six
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ffifty%20and%20six%3A%20hee%20saith%20y%3Ae%20same%20was%20and%20is%20a%20Copy
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further%20hee%20cannot%20depose./.

To%20the%206%3Ath%20hee%20Cannot%20depose%2C/.

To%20the%207%3Ath%20arle%20%26%20y%3Ae%20bond%20XXXX%20hee%20saith%20that%20on%20or%20about%20the%2022%3Ath%20day%20of
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and%20of%20one%20William%20Wyatt%20And%20further%20hee%20cannot
depose./-

CLEMENT%20WISHAM%20%20%5BHis%20signature%5D

Repeated%20before%20D%3Ar%20Godolphin//



P1120036%20f.%2092%20recto

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P1120037%20f.%2092%20recto

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