MRP: HCA 23/19
HCA 23/19
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HCA 23/19 Interrogatories 1658-64
P1100662
Double paged image showing document is "No: 4"
Case: XXXX
P1100663
//Interria ministrat et ministrand ex parte et per partem Illustris
Sini principis Jacobi DXXX Eboras et Albanne xr Dm : mag in
Admiralli Angli testis, quibustung, ex parte et per partem
MXXthatlis dreist, Samuelis Poplot et seriord quoad Navem the
Nativity, of Johis Eastman et al pro bonis in eadem seizit pro
Durt, sen producend sequirit.
1. Let every wittnesse bee asked whether hee was in the shippe
The Nativity when shee began her last voyage and from
What port was shee sett out when she was bound for Oporto Port
& what Lading did shee carry thither & to whence was itt
Delivered, And howe long hath the said wittnesse belonged to
The said shippe, and what Office had hee in her, Ad interr
Con:m et dX:m ar de quolibet
2. I :m interrr, Whether was hee in the shippe, when shee was seized
(as is prtended) by one Captaine ?Colarte, and was hee alsoe in the said
Shippe, when shee was stayed neere ffalmouth, or howe long
Since, and att or neere what place did hee leave the said shippe
And lett him declare upon his Oath when and whenre hee last sawe
The said shippe and howe hee doth knowe her to bee the same
That belonged (as is p:rtended) to Michael ?Alweist, Samuel RXXXX
And Company, And lett itt bee done as above.
3. Lett him bee asked, whether hee the said witnesse had any parte
Or share in the said shippe the Nativity or in any part of the
Goods or lading, and whether Michael Dweist a witnesse pro
Duced in this Cause bee the same partie where in this Cause
Is a Clayment of parte of the shippe Et fiat ut sup:r
4. Itmm: interr. When had the Claymers or the mittnesse first
Notice that the shippe Nativity was stayed neere ffalmouth
Howe long time was there betweene the seizure made by Colarte
And the saty of the said shippe made neere ffalmouth and
Whether in that time, was nott the said shippe used and imploy
Ed as a shippe of Warre by those that had her then in possession
And whether one Michell and his Company did nott with the
Said shippe Nativity take and seize some other shippes and
Goods , and XXXX many shippes and what sorts or quantities of
Goods Et fiat at sup:X
5. Itmm: interr. Howe sooth hee knowe that the said Michael
Dweist and the other Clayments are Owners of the said shippe
Did they build itt, or buy itt, When and where was itt bought
& paid for, Is the wittnesse in the cause a witnesse to the
Bill of sale made of the said shippe or was p:rsent att the
Buying, or howe else doth hee knowe the Propreto:rs. Ex parte
His Reason. Et fiat ut sup:a//
P1100663
//6. Itmm : interr. Whether did the partie that prormed the GXXX
Or deputy of S:t Manes Castle, or did any other on his behalfe
Agree with the said Governo:r or deputy to give him satisfact
Tion for his paines & Charges that hee should nee att, as
Stay of the said shippe, And what satisfaction hath been
Given or is promised for the same; Et fiat at sup:a.
7. Itmm:interr, Whether Before the said shippe Nativity
was stayed neere ffalmouth had nott they whoe were in
possession of her beene by the space of 1. 3. 5. Or more monthes
weeks, or daies sailing and ?roaving up and ddowne in the
English Channell and used and imployed the said shippe as
a Man of warre to take pXXXXX, And within that time in
and with the said shippe had nott Michell p:rtending hm
-selfe Captaine thereof, and the Company of the said shuppe
taken & dubdued & gott into theire possession some other shippe
or shippes & goods , and spoiled the Right Owners thereof
att least had indeavoured soe to doe, and were aiding abetting
or assistant to the Commander & Company of some other shippe
whoe seized and made spoile as aforesaid Et fiat ut supp.
8. Itmm: interr Whether Immediately before the said shippe was
tayed neere ffalmouth was shee nott chased by a dutch man
of Warre or some other shippe upon the seas neere the Coast
of Cornwall on the West of ffalmouth and Pendennis, or S:t
Manes Castle, And did nott the shippe Nativity flee from the
Said other shippe, and in her flight might shee nott have made
Pendennis or S:t Manes Castle or ffalmouth harbo:r her Refuge
And have beene there surrXXed XX the Commander and Comp
-any of the Nativity had beene true men & friends, And yett did
They nott shun and avoide the said Castle & harbo:r and run their
Shippe aground a league or thereabouts to the Eastward of the
Said castle, And lett itt bee done as above.
9. Itmm: interr. Whether when the said shippe was soe stayed neere
Ffalmouth, was nott the said Michell or hee that was the then re
Puted Commander of the shippe Nativity and his Company or
Some of them examined howe they came by the said shippe &
The goods in her and howe long they had beene in possession
Thereof or to such effect, and did they nott then answeare that
The same were taken att Sea from a dutchman or hollander
Some monethes or weekes then next before, and doe nott you knowe
That the said Michell & Company did nott, nor cold then pro-
-duce any Commission to warrant the taking of the said shippe
Or goods, And lett itt bee done as above.
10. Itmm Lett him bee asked Whether att the time when the said Nativity
Was stayed neere ffalmouth and seized to the use of his Royall
Highness the Lord High Admirall aforesaid by his Officers and//
P1100665
//Ministers and whilest they remayned aboard the said shippe, did
nott the Commander and Company of the said shippe designe &
contrive and indeavo:r to blowe the said shippe up with Gunpowder
and were there nott severall Barrells of Gunpowder n the said
shippe, opened & prepareed by the Commander & Company of
her for that purpose, And have yo:u nott heard & beleeve that they
would have soe done if they had nott beene timely discovered
and prevented, Et fiat ut sup:a
11. Itmm interr. What Colo;es did Captaine Colartes shippe weare
att the time when (as itt is p:rtended) shee seized the Nativity
did shee weare the Swedish, or hwat other Colo:es and did nott
the shippe the Nativity ware the Holland Colo:es or what
colo:es did she ware or had shee nott the holland colo:es
aboard her declare the trueth, Et fiat ut sup:a
12. Itmm. Interr. Whether the sd shipp ethe Nativity when (as itt
is p:rtended) shee was seized by Captaine Colarte was nott
she seized in the English Channell and in sight of land, Et
fiat ut sup:a
Case: ex Parte Thoma Breton Abrahami Sayon Johis Godschall Edidy Thomas
P1100762
//INTERROGATORIA ministrand a ex
Parte Thoma Breton Abrahami Sayon
Johis Godschall Edidy
Thomas, et seriorum M:rcatorum Anglirosa
Quoad bona in navem quandum corat the
Oporto M:chant (?Cujus Elias drew fuit
Madd) XXXXta jup quibus p:tunt testes
Examinat ad perpetuain XXXmoriam
Sequintur vizt.
1. IMPRIMIS Interr quitebet whether doe you know
Or have seene the said shippe called the Oporto
Merchant, whether doe you not know or howe heared
That the said Elias Drew was the Master of
The said shippe and the Owners of the said
Shippe were, and are English men and subjects
Of our Soveraigne Lord King Charles the second
And that the said shippe in the monethes of
Jan:ry and ffeb:ry 1662 (English style) and for
Some time before and after and at the time of
The seizing of the said shippe and her lading by
The subjects of the King of Spaine doe
Belong unto the port of Londona nd that the said
Shippe was upon and at the time of her departure
From this Port of London upon the voyage to
Lizboa of the Burthen of one hundred and eighty
Tunnes or thereabouts declare what you know
Beleive or have heard to this purpose Et interr
XXXX divs et de quolibel.
2. ITEM Interr quilibel whether doe you XXX know or
Have heard that the said Thomas Breton
Abraham Sayon John Godschall
And//
P1100763
//and Giles Travers or some of them did by Charter party
25:th of ffeby 1661 take the said shippe the Oporto Merchant
To freight of John ?Pill and Rowland XXXX
M:rchants owners of the said shippe for a voyage to be
Made with the said shippe from this port
To Lisboa and from thence to the XXXX
Or any other place within the straights of Gibraltar
Being in ffriendshipp with the King of England
In such manner as XX the Charter parties
For the said voyage is conteined declared and
Know beleive or have heard to this purpose
Real XXXXX.
3. ITEM Interr quilibet whether doe you XX knowe
Case: XXXX: Document: Charterparty for Opporto Merchant of London
P1100772
IN THE NAME OF GOD AMEN this Charterparty indented of a freightment made the Eight &
Our soveraigne Lord Charles the second by the grace of God King of England and Scotland ffrance and Ireland defender
Merchants owners of the good ship called the OPPORTO MERCHANT OF LONDON of the burthen of one hundred and Eight
Thames within the port of the Citty of London (of which ship Elias ?Drew Mariner is Master)
Breton Abrham Sayon Andrew Midleton John ?Goosthall GilesXXavervband Nichols Vanaker of London
The said owners have granted and letten to freight the said ship unto the said Merchants by the
Certaine from the departure of the said ship from Gravesend outwards
At and for the rate and price of one hundred and thirty and eight
The Calendar and for such and solongtime after the said
Factors or assignes to keepe the said ship in their service
Of England p month and soeafter the
And hired the same ship for a voyage with her to be made by Gods blessing in manner and forme following (that is to say
Administrators doe covenant grant and free to and with the said merchants theri executors and administrators by the
And next faire winds and weather that God shall send after ffoure and twenty houres notice given to the master
Gravesend with such goods and merchandizes as the said merchants their factors or assigne sof XXXX
May reasonably carry and ?store in her over & above her victuall tackle and apparell after her arrivall there shall after she shall be cleared at Gravesend & y;e XXXX with the first fair XXXX weather then XXXX happens
The perils and dangers of the seas excepted saile unto Lisboa in the Kingdom of Portugall there to discharge the goods and merchandizes carried
In her thither and being then dispatched shall directly saile from thence to the ?Madera Islands XX
The straights of Gibraltar being in league of friendship with the King of England here she may
Directed by the said merchants to their factors and assignes to saile unto to receive & take into her her freight
Said merchants thero factors ?or assignes shall lade & put aboard her so as she may reasonably XXX
Apparell as aforesaid and being XXXX from her last port of employment abroad shall by Gods
& the perills & dangers of the setting XXX saile is XXX & come backe into the said port of the XXX
Arrive thereat an anchor to make discharge and and of her said intended voyage AND the said
Doe iointly and severally covenant grant & agree to and with y:e said owners to
And directtion to the master of the sd ship for
The streights of Gibraktar inamity with England where she may safely arrive
