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HCA 13/68

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Title on front leather cover in black ink:
"Lib:s a 21 Seot 1653
ad mens: Apr: 1654"

Leather bound volume, original binding
Good condition
?15in x 10in x 6in
Folioated, ff. 706
No contents or index

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Notes

Case: XXXX: Deposition: Mark Harrison, of Wapping, Middlesex, Mariner, aged 27: Date: September 22nd 1653

P1110094
f. 1 recto

1. To the first arle of the sayd allon This deponent saith and deposeth that
the arlate shipp the Golden Starr or Morning Starr and her lading was
taken and seized by certaine shipps in the immediate service of the commonwealth
in the English seas upon the Coast of England, and was first chased by
the arlate shipp the Advantage frigot whereof Capt Mills was Commander
and was afterwards subdued and taken by the sayd shipp and another shipp
named the Water hound whereof Giles Shelley arlate was Commander
and saith that two shippes were in the immediate service of this Commonwealth
vizt the Mayflower, and the ?10:th ?whelpe were neere and in sight att the
tyme of the sayd seizure. The p:rmisses This deponent knoweth being
master of the Advantage frigott aforesayd and avord her att the sayd tyme of seizure. And otherwise cannot depose.

To the second arle of the sayd allon this deponent saith that the sayd shipp the
Golden Starr with her lading in her was subdued and taken by the shipps
aforesayd on or about the 28:th day of ffebruary 1652 English stile, and
saith she was then upon the English seas neere Beachy upon the Coast of
Suffolk within six leagues or thereabouts of the English shoare when
she was haled chased subdued and taken, which he knoweth being Master
of and aboard the sayd Advantage frigot that gave chase to the sayd ship
Morning starr, and assisted in the subdueing and taking of her as aforesd
And otherwise cannot depose.

To the third arle of the sayd allon This deponent saith and deposeth that upon
the sayd 28:th day of ffeburary 1652 and for ?divers monethes before and
continually since and att this p:rsent, ther was and is open and publique
warr and hostility betweene this Commonwealth of England and the States
Generall of the united Netherland Provinces and their subiects, and this was
and is true publique and notorious; and was and is as this deponent hath
credibly heard and verily beleiveth, generally knowne and beleived aswell
att Cadiz in Spaine and in fflanders and att hamburgh as att other
ports and places beyond the seas. and the same as this deponent beleiveth
was evident and well knowne to y:e Captaine Master and Company of the
sayd shipp the Golden Starr. And further he cannot depose.

To the fourth he saith and deposeth that of the sight of this deponent the sayd
shipp the Golden Starr was att the tyme aforesd sayling in that way or Course that lyes
and leadeth from Beachy towards holland and other ports that are within
the Jurisdiction and obedience of the States of the united Provinces. And
otherwise cannot depose.
To//

P1110095
f. 1 verso

//To the fifth arle of the sayd allon This deponent saith that the arlate shipp
the Golden Starr being upon the English Coast and sayling in her course
as aforesayd was haled or called unto by the Captaine and Company of the
sayd Advantage frigot being come upp to her within pistolls shott and
within hearing; and the master and Company of the Golden Starr were
then demanded to declare and make knowne whence they were and whither
bound, and to send out their boat to the Advantage frigot then wearing
the colo:rs of this Commonwealth, and to submitt themselves to be visited according
to y:e custome in such cases especially in the tyme of warr, which this
deponent knoweth being p:rsent and aboard the Advantage frigott
att the tyme of haling the sayd shipp Golden Starr as aforesd. And otherwise
cannot depose

To the sixth arle of the sayd allon This deponent saith that the Commander and
Company of the Advantage frigott before they made any shott against the
Golden Starr, being off att a distance gave her 2 or 3 warning ?poices
without any dammage to her, and not att her or into her, onely to give notice
to her to stay. And further saith when
they in the Advantage frigot came so neer to the Golden Starr as that they
could hale the Golden Starr, and before they gave the Golden Starr any
broad side or made any shott into or against her, the Advantage frigott
had upp and did weare the Colo:r of this Commonwealth, wherby the master
Capt and Companie of the Golden Starr might know and XXXXX that
the Captaine and Companie of the Advantage frigot were Rnglish and
that their shipp was in the service of this Commonwealth, all which this
deponent knoweth being aboard the Advantage frigot, and saw and
observed the p:rmisses to be as he hath now declared. And otherwise
cannot depose

To the seventh arle of the sayd allon This deponent saith that the p:rmisses
notwithstanding the sayd master and Company of the Golden Starr
delayed to submitt themselves to be visited saying they had not any
boat to send aboard the Advantage frigot to that purpose, and by
their postures and language did ?evidence it to the deponent and the
rest of the Company of the Advantage that they intended resistance
against the Advantage frigott being but a small shipp and noe
other English shipps at that tyme in sight, whereupon the Advantage
frigot gave fire upon the the Golden Starr, and was immediately
answered in like manner from the Golden Starr, And the Master and Company
therof violently assaulted and resisted the sayd shipp the Advantage
frigot being in the immediate service of this Commonwealth, and bearing
the Colo:rs thereof, and fought with y:e Capt and Company thereof as EXXXX
in an hostile manner, and continued fight with them upon the sayd EXXX
seas att the place aforesayd for three howres and upwards XXX from
before 9 of the Clock in the morning till about 12 att noone before
any more English shipps came in, and killed some of the Company of the
Advantage, and wounded others, and used their best endeavour with the
ship//

P111096
f. 2 recto

//shipp being an able vessell of about 22 Gunnes to sink and destroy the
sayd Advantage frigot, The p:rmisses This deponent knoweth to be true
being aboard the Advantage frigott and engaged in the sayd fight
and seeing and observing the passages aforesd. And othwerwise he cannot
depose.

To the eighth arle of the sayd allon This deponent saith that after the ma:r & Company
of the sayd ship the Golden Starr were haled by the Advantage as aforesayd
they of the Golden Starr of the sight of this Deponent caused a ?Red flagg with a picture of a hand and
word in the same to be putt out att the Maine mast head of the Golden Starr
which this deponent beleiveth they so did in token of defiance of the
sayd shipp the Advantage in the service of this Commonwealth. And otherwise
he cannot depose.

To the ninth arle of the sayd allon This deponent saith that during the sayd
fight betweene the Golden Starr and the Advantage ffrigott, the shipp the
Waterhound whereof Giles Shelley was Commander , and some other shipps
of this Commonwealth in the immediate service thereof (and having out and
wearing the Colo:rs of the Commonwealth and none other) came up to aid
and assist the sayd Advantage frigot against the Golden Starr thi sdeponent
seeing when the sayd shipps of this Commonwealth so came upp. And
saith that the Master and Companie of the Golden Starr might see and XXXX (and did
spe and XXX as this deponent beleiveth) that the sayd ship Waterhound and
the other shipps being the Mayflower and 10:th Whelpe aforesd did belong
to this Commonwealth and were in their immediate service. And otherwise
he cannot depose.

To the tenth arle of the sayd allon This deponent saith that after the sayd shipp
the Water hound came upp with the Golden Starr, and the two other English
shipps came in sight the Master and Company of the Golden Starr continued
the fight for some tyme and fired a Broad side att the Water hound and
wounded the Boatswayne and some others of the Waterhounds Companye
of the certayne knowledge and sight of this deponent. And further saith
that in all the tyme the sayd Ma:r and Companie of the Golden Starr tooke not
downe their Redd flagg or flagg of defiance but the XXXX continued still
upp at their maintopmast; till the Waterhounds Company boarded and subdued
and seized the Golden Starr and tooke downe the sayd redd flagg or
flagg of defiance, which he knoweth neing p:rsent and aboard the
Golden Starr with or in the said Advantage frigot when the sayd flagg of defiance was taken downe as aforesd
And otherwise he cannot depose-

To the eleventh article of the sayd allon, This deponent saith he cannot
depose.

To the twelfth article of the sayd allon This deponent saith he cannot depose

To the last he saith his depositions are true, And otherwise cannot depose-

To the Crosse Interries

To the 1:st he saith he was at the tyme of the taking the sayd shipp the
Golden Starr in this Interrogatory named the Morning Starr, master of
the interrte shipp the Advantage.

To the 2:d he saith he was p:rsent att the taking and surprizeing of
the interate shipp the morning Starr or Golden Starr

To//

P1110100
f. 4 recto

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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

===Case: Edward Boale and Companie vs. the Expectaccon: Deposition: 4. Walter Hickst, of Travercion, Cornwall, an inhabitant of Messina, Sicicilia; Merchant, aged 28: Date: September 27th 1653

P1110104
f. 6 recto

//The Advantage, which he so did the better to discover or what the sayd shipp
the Morning Star or Golden Starr might be, and for the same purpose
soone after shott a warning `peice being still out of shott, and thereupon
the sayd shipp the Golden Starr bore toward the Advantage frigot and
fired one Gun without shott, which in the sea language is much as to
say All freinds and p:rsently putt out a Redd Ancyent which when this deponent perceyved he immediately tooke
downe his says Holland Colo:rs, and putt out the Colo;rs of this Commonwealth
whereupon the sayd shipp Golden Starr stood off from the Advantage and
returned into her former course, howbeitthis deponent made after the
sayd ship and being come upp with her within pistoll shott side by side
haled the sayd shipp Golden Starr, and badd them severall tymes that they
should strike for the parliament of England, wherto the sayd master
of the Golden Starr refused to strike, and bad this deponent kisse his breech
and sayd he would not strike to such a small shipp as the Advantage was
and immediatley fetcht out his Cutlase and waved it att this deponent bidding
him to do his worst and come under his Lee and this deponent desired him in a fair way to submitt
himselfe to be visited and to send out his boat to that purpose, and thereto the
sayd master of the Golden Starr replyed that he had noe boat to send out,
whereas in truth as afterwards appeared he had a fair good boat aboard
hereupon this deponent preXXXXXX that entreaty would not p:rvayle fired a
gunn over him; and then immediatley the sayd master of the Golden Starr hoysted out his flagg
of defiance being a Red flagg with a oicture of a hand and sword
thereon, and then againe badd this deponent doe his worst, And this deponent
againe firing another gunn over him hee immediatley fired a whole broad
side at this deponent and killed one of this deponents men; upon which
a sharp fight was begann which continued from about .8. of the Clock in
the morning till about 12 att noone betwixt the sayd shipps the Advantage
frigott wearing the Colo;rs of this Commonwealth, and the sayd shipp the
Golden Starr wearing her redd Ancyent and flagg of defyance as aforesd
in which fight this deponent lost two of his men, and the Golden Starr
fought sharply all the sayd tyme, and the master and Company of her
used their uttmost endeavo.r to sinke and destroy the sayd Advantage frigott
the p:rmisses this deponent knoweth being actually engaged in the sayd fight
aboard the Advantage and seeing and observing the p:rmisses to be true
as he hath now declared and otherwise cannot depose

To the nynth tenth arles of the sayd Allon This deponent saith that
during the sayd fight and about 12 of the Clock of the same day the arlate
shipp the Waterhound whereof Giles Shelley was Commander came
upp, And the Water hound came and engaged in the fight and shott att the
Golden Starr, and the Golden Starr made a broad side against the Waterhound
and fought with her and wounded the Boatswaine therof, and continued
the sayd fight till she was boarded and subdued by the sayd shipps y:e Waterhound
and Advantage. And he saith that during all the sayd fight the foresayd flagg
of defiance continued still upp at the main topmast head of the Golden Starr and
was//

Case: Claim of widow of Hance ?Lemmermann of Hamburg et al: Deposition: Jacob Wigandi, of Hambrorough, Merchant, aged 25: Date: November 2 1653

P1110123
f. 85 recto

The 2:d day of Novemb:r 1653:

The clayme of the widdowe of Hance ?Lemmerman)
of Hamborough deceased, and of John Lemmerman)
Hans Lemmerman and Thomas Lemmerman for
their goods in the Black Cock, whereof John ffrans?ea
??Saon was master) Budd ffrancklin)

jus.:

?vide ?Y.?Y.

JACOB WIGANDI of Hambrorough
Merchant aged 25. yeares or thereabouts
a Wittnes sworne and examined saith
and deposeth as followeth Viz:t

To the first second and third arles of the said Allon hee saith & deposeth
That in or about the moneth of January 1652. (new style) one
Abraham Vergensis of Dantsick in Poland, (whom this depon:t hath
for theise 5 (Poss 6) yeares and upwards by Correspondencie well knowne to
be ffacto:r agent or correspondent to the pties producent, and for severall
yeares before, as hee hath observed by their bookes of accompts) by the order
and direction of Katharine ?Lemmerman the Relict of the said Hance
?Lemmerman and of John, Hance and Thomas ?Lemmerman heires of
the said deceased, and for their accompt did take to freight
of the said John ffransen ?Saon (then and for some time before and
after Master of the said shipp the Black Cock) his said shipp then lying//

P1110124
f. 85 verso

//at or neare Dantsicke, to saile from thence to ?Polticher Wick about
6. Dutch miles from dantzicke, and there to take in a ffull ladeing
of pipestaves and clapboard, and to saile with the same from
thnce to S:t Lucar in Spaine, and in her Course thitherwards to
putt into Medenblick in Holland to attend Companie from those parts
for his better securitie againste the Zurkish shippe and sea Powers, and
being there arrived to unlade the said goods at S:t Lucar aforesaid, and to
receive such lading aboard his said shipp as hee there should be ordered and
appointed by the producents in this Cause and to bring and discharge the same to and at Amsterdam
for the said producents accompt; for which Voyage the said Master was to
have three thousand seaven hundred and fiftie gild:rs or florens, a
thousand floryns whereof were actually received by the said M:r in
Holland from Bernard ?Passo (OR, Rasso) and Companie facto:rs and Correspondents
of the said parties producent by their Order as by y:e schedule or originall acquittance now exted by the XXXX And to the effect aforesaid
upon or about the 22:th say of january 1652. new styl, a Charter ptie
was duly made between the said Abraham Vergensis on the behalf of
y:e said producents, and y:e said John ffranson ?Saon, which hee knoweth
because he was present at the contract and agreem:t aforesaid, and acting
and assisting in the making thereof, and as Wittnesse thereof signed and
subscribed the same, And saith That according to the said Contract in or
about the moneths of ffebrurary or March 1652. new style, the said shipp
uncer the Conduct of the said John ffranson ?Lsaon sett saile and
departed from Dantzicke to the Poltischer Wick aforesaid, where by
the order of the said facto:r shee received her full lading of Pipestaves
and Clapboard to bee transported in y:e said shipp to S:t Lucars aforesaid
and there to be delivered unto John ?Srrother ffacto:r and Correspondent
to the said pties producent for their accompt; whereupon after the
receiving of, the said lading the said shipp set sayle therewizj from y:e
Politscher Wick aforesaid, and in her Course towards S:t Lucar came
to Modenblick as aforesaid to attend Companie for the securitie of he
passage to S:t Lucar, where about the monethe of August or September
in the yeare 1652 last past shee arrived, and the said Lading was there delivered as aforesaid
Which hee knowethm being ffacto:r to and for the said pties producent, and
present at Dantsicke wher the said shipp sett saile from thence with
order to proceed as aforesaid. and since by letters of advise assured of the
trueth and realitie of the p:rmisses, And otherwise cannot depose

To the 4:th arle of the said Allon hee saith and deposeth, THat in or
about the moneth of October in the yeare 1652: last past, and after
the delivery of the said pipestaves and clapboards to the said John
SSrother and Companie Correspond:ts to the said pties producent by their
order and direction, the said John Srrother and Companies laded and
putt on board or casued to be laden and putt on board the said shipp
Black Cocke then laying before S:t Lucar in Spaine One hundred
ninety and six butts of sack, six butts of XXent wyne, two hundred
small barrells of olives, and seaventeene hogsheads: of olives, and nine
hundred//

P1110125
f. 86 recto

//hundred and ninetie dozen of Corke all well conditioned and y:s:d butts of wine marked
with the marke in the margent [L.H. margin: A. S. (with vertical I through S) M.] to be transported and carried in the said
shipp from S:t Lucar aforesaid to Amsterdam: there to be delivered
to Bernardo ?Pas (Or, Ras) and Companie the ffacto:rs agents and Correspondents
of the said parties producent for their prop accompt, and upon their adventure,
Which he knoweth for that hee this depon:t being as aforesaid facto:r and
agent to and for the said parties producent, and being from Dantzicke arrived
at Hamborough in or about the moneth of Novemb:r 1653. and there
frequently and familiarly conversant with the said pties producent, they a
acquainted this depon:t that they had given order to the said John Srrother and
Companie their said Correspondents, to lade the said shippe with wine and other
Commodities for their accompt (in ?returne of goods the said ffacto:rs had received from
them) to be transported and delivered as aforesaid; And for that this depon:t
being here in London about the later end of December 1652. about the said
producents occasions, they the said producents having intelligence that the said
shipp and ladeing were brought up into England, sent a lre to this depon:t
advising him this depon:t thereof, and gave him order to reclayme the goods
predeposed, and to that end they also sent him two originall bills of
lading, one for the goods predeposed, and the other for a quantitie of goods
in y:e same shipp, belonging to the said John Scrother, together with an
Attestation under the seale of Hamnorough for and concerning the propriety
of the goods predeposed, wherby this depon:t is fully and absolutely assured
that the said goods before sewally expressed did and doe in trueth and reality belong
unto the said producents as the true and lawfull Own:rs and Proprieto:rs
thereof, and for such the said producents were and are commonly accompted
reputed and taken, And otherwise cannot depose:

To the 5:th arle of the said Allon hee saith and deposeth, That the wines
olives and Corke sewally before expressed were, (as hee firmely for the reasons
precedent and subsequent is assured) brought and provided by the said John
Scrrother and Companie with the moneys effects or goods of the said producents
remaining in their hands, for that this depon:t being az Hamborough w:th
the said producents about a yeare agoe was by them entrusted and employed
as being their ffacto:r and agent to see and peruse their bookes of accompts,
wherein and whereby he found and observed, That the said producents in the yeare 1662. Past past in sewall
shipps had sent from Hamborough to their said facto:r in Spaine, and returne thereof to be made
unto them in Wines and other Commodities, Viz:t in one fatt n:° 1, marked A 10. pieces of
sup fine wire n:° 1/4. 20. peeces of y:e same. 12. of ?ring wyer n:° 1/2. 30. peeces of 4?S8 wyer n:° 1. 30. peeces 3/8
wire n:° 2. 30. peices of middle wire n:° 3. 30. peeces of needle wire n:° 4. 30. ps of small wyer n:° 5. 30
pieces of Course wire n:° 6.( 210 peeces of sorted iron wire at 50/8 p piece, 200. locks of sewall sorte n:° 2 : 3: 4. 5. 6. 8. 10. 12 at 30S8 p peece; and ina fatt n:° 2. 100 peeces of small wire, 130 peeces of course wire,
230 pieces of wire att 33 Ss a piece, and swall other quantities of wire, knives, Slesia linnen,
fustian, ?Bounsion and other goods wares and merchandizes, the numbers quantities and valewe
whereof this depo:t observed on the same produc_ts bookes of accompts, and t whom consigned for y:e
use and accompt afore mencconed, which said goods the said ffacto:r accordingly received, as this
depo:t by lres of advise sent to the said producents after the receipt thereof, hath well observed
and with the proceeds thereof, and of the said lading of pipestaves and Clapboard y:e
said ffacto:r provided and procured the wines and other goods now Claymed XX y:e accompt
of the said producents, Which hee knoweth for the reasons p:rdeposed, And otherwise
cannot depose

To y:e 6:th//

P11101138
f. 86 verso

To the 6:th and 7:th arles of the said Allon and schedule therein menconed but
not anneyed hee saith and deposeth, that, as this depont hath credibly
been informed and firmely beleeveth, the sayd John ffransen ?Lsaon at or
about the time of the lading of the sewall wuantities of goods predeposed, signed
and firmed to three bills of lading all of one teno:r for y:e said goods, one whereof
the said M:r hath seqall times affirmed to this depon:t was aboard his said shipp
at the time shee was surprized and taken by the Speaker ffriggott, and came
to the hands of the seiz:r, another being sent over Land to the producents at
Hamborough this depon:t , as aforesaid received from them, and the same hee
hath since sent annexed to a Commission from this Court expressely sent
to S:t Lucar in Spaine for the examination of wittnesses
concerning the trueth of the matter in question, which said bill of lading
this depon:t for the reasons p:rmised is fully assured to bee a true and reall
bill of lading, and no way fictitious or colourable. And otherwise referring
himselfe to his foregoing depon hee cannot depose; saving hee beleeveth y:e
third originall bill of Lading according to the usuall custome is remaining
in the hande of the said ffacto:r

To the 8:th hee saith hee hath credibly heard and firmely beleeveth, THat y:e
said shipp with her Ladeing predeposed on board her being in her direct
Course for Amsterdam were mett withall surprized and taken by the s:d
ship the Speaker ffrigatt and Captaine and Companie thereof by whom
they were brought to Dover in England. And otherwise cannot depose.

To the 9:th hee saith, That in the yeare 1652. and moneth therein
respectively concerning, and for 5. yeares before and till this p:rsent
the arlate John Scrrother an Bernardo Ras, were and are the
ffacto:rs agents and Correspondents of the said producents, and for such
commonly repute and taken, Which hee knoweth having for the like time
been book keep and facto:r to the said producents, and thereby well
acquainted with the p:rmisses. And othwrwise cannot depose; saving that by that
Pduce:ts bookes of accompte this dep:t hath observed y:t they have for sewall yeares before ?been their facto:rs

To the 10:th hee saith, That the said Hans Lemmerman deceased was
according to common report a Native of the Citie of Hamborough and a
Subiect of that ffree State untill his death, and for such commonly reputed
and taken, and that for sewall yeares before his death hee was a merchant
well knowne to drive a great trade in Spaine, which trade is since his death
continued by the said producents, of this depon:ts cetaine knowledge, and y:e
said John Lemmerman Thomas Lemmerman and Hance Lemmerman
were and are the naturall and lawfull children of y:e said Hans Lemmerman
deceased, and for such well knowne and generally accompted at Hamborough
aforesaid, and are heires of the said deceased, And saith that the said
producents were are and ought to bee the true and lawfull Own:rs of
the wines and of her goods predeposed now claymed in their names, Which
hee knoweth for the reasons by him predeposed. And otherwise cannot
depose.

To the 11:th hee saith that the said Katharine Lemmermann the Relict of
the said Hans Lemmerman deceased, and the said John Lemmermann
Thomas Lemmerman and Hanse Lemmerman were and are all of them
generally//

P1110127
f. 87 recto

f. 87 verso

Case: XXXX: Deposition: XXXX: Date: XXXX

Case: XXXX: Deposition: XXXX: Date: XXXX

Case: XXXX: Deposition: XXXX: Date: XXXX