MRP: HCA 13/68

HCA 13/68

Editorial history

01/05/12, CSG: Created page

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Physical description

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//

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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//

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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//

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P1110100
f. 4 recto

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

The 27:th of September 1653

Examined upon a Libell on the behalfe
of the sayd Edward Beale and
Companye

Edward Beale and Companie against)
a certaine shipp called the Expectaccon and)
her tackle apparell and furniture and)
whatsoever summes of money due for the
fraight of the same or against whatsoever)
summens of money proceeding of the sale)
of the sayd shipp tackle and furniture and)
against William Star?late, John Bridsey
BLANK Williams, Georhe Cane, BLANK harding
and others comeing in for their Interest
and against whomsoever appearing for XXX
Smith Suckley

Smith Elcock d:t

To the first Arle of the sayd Libell this deponent saith and deposeth that being
and resideing in the Citty of Messena in Scicily in the yeare of o:r Lord 1650
and monthes therein respectively he there within that tyme saw the arlate
shipp the Expectaccon, and saith she continued there in the monthes of November
december January and ffebruary 1650. and further saith that att the sayd
tyme the arlate Thomas Newman was mMaster and Commander of the sayd
shipp and one Thomas Ayres was purser of her and so commonly accounted reputed
and taken. And further he cannot depose.

To the second arle of the sayd Libell This deponent saith that he hath well knowne
the arlate Edward Beale for these eleven yeares now past for and
during which tyme he hath beene a merchant of good quality resident in
Messina aforesayd and further saith that the sayd shipp the Exepectaccon in
the sayd monthes of November december January and ffebruary 1650 and
during sayd tyme as the sayd shipp the Expectation did abide in the port of Messina
afpresayd, the sayd shipp of the sight and knowledge of this deponent did stand in need of
and did want divers repaires, in her hull tackle apparell furniture and
victualls and provisions for her Company, and the sayd Newman wanted
moneyes allso to pay the says shippes Companie their wages and other debts oweing by the says shippe and saith
the says shipp was in that tyme in so bad condiccon that without repaires and
moneyes to make good the sd repaires she could not goe from thence, and so XXX
the aforesayd newman and Ayres, as themselves told this deponent att Messina,
did signify and make knowne to the sayd Edward Beale then living att
Messina. And otherwise he cannot depose.

To the third & fourth arles of the sayd Libell this deponent saith that within the sayd monthes
and yeare aforesayd the sayd ship the Expectaton wnating reparattons and
the sayd Newman and Ayres wanting moneyes to repair the same, they the
sayd Newman and Ayres made their addresse to y:e sayd Edward Beale, and
he the sayd Edward Beale and Company finding and percyveing the great
want//

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P1110101
f. 4 verso

//want of the sayd shipp Expecraccon was in as aforesayd did att the
request of the sayed Newman and Ayres really and truely lend unto them the
sayed Newman and Ayres for ther use and service of the sayd shipp the
Expectaccon, and for carrying her home to this port of London, and
for providing of victualls for her and payeing of the sayd Mariners
their wages and other debts oweing by the sayd shipp the summe of eight hundred and odd dollars or peices of 8/8
upon Bottomrie, And adventure thereof upon the keele of the sayd
shipp the Expectacon from the tyme of her depzure from Messina untill
the tyme of her Arrivall into the River of Thames, upon which contract
the sayd Thomas Newman and Thomas Ayres did oblige and bind the sayd
shipp tackle and furniture and fraight arising upon the same, but
saith he doth not know the certayne summe the sayd Edward Beale and
Companie were to receyve upon the sayd contract upon the arrivall of the
sayd shipp Expectaccon in the River of Thames. And saith that the
reason of this deponents knowledge in the p:rmisses was and is that the
sayd Newman and Ayres did themselves declare to this deponent att
Messina within the tyme arlate the effect and substance of what he hath now
deposed touching the loane of the sayd 800 and odd dollars upon bottomry
by the sayd Edward Beale and Companie, and Paschall Russa a publick Notary in Messina
who as he sayd drew the Act of Bottomrie declared and made knowne the ?same
likewise to this deponent within the sayd tyme, And this deponent likewise saw
about the same tyme an entry of the sayd moneyes and contract in the bookes
of the sayd Edward Beale att Messina. And otherwise he cannot depose.

To the fifth he saith that within the monethes and yeare aforesd, the sayd
Newman and Ayres did of the certaine knowledge & sight of this deponent amend
and repaire the sayd shipp Expectation and her tackle and apparrell and
provided victualls for her Company, all which thid deponent verily beleiveth
they did with the moneyes so taken upp as aforesayd uppon Bottomry of
the sayd Edward Beale and Company, and verily beleiveth that in case
they had not beene so furnished by the sayd Edward Beale and Companye
the sayd shipp could not have gone and proceeded from Messina, and
beleiveth that the money of the sayd Beale and Company was a maine
cause and occasion and meanes which brought the sayd shipp from Messina
And so much or to the like effect the sayd newman and Ayres have confessed
and declared to this deponent- And otherwise he cannot depose.

To the sixth he saith that after borrowing the sayd moneyes, and repairing the
sayd shipp in manner as aforesayd XXX in the month of March 1650 or
about that tyme the sayd shipp sett sayle from Messina under the Conduct
of the sayd Thomas Newman and in or about July or August next ensueing
1651. arrived safely att this port of London. the p:rmisses he knoweth to
be true for that he this deponent did Lade aboard the sayd shipp att
Messina about the sayd moneth of march about 40 tonns of goods, and saw
the sayd shipp sett sayle therewith within the sayd moneth or about that
tyme from Messina, and afterwards ?had about the latter end of August
or beginning of September 1651 receyved letters of Advise by post
att Messina from this port of London wherein was signifyed, that the sayd
shipp//

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P1110102
f. 5 recto

//shipp Expectatton and this deponent sayd 40 tonn of goods therein were a little
before the date of that letter (which bore date in July or August 1651) safely
arrived in the River of Thames. And otherwise he cannot depose daving
he saith It is thirty dayes and upwards since the Arrivall of the sayd shipp
in the River as aforesayd. And otherwise he cannot depose.

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P1110103
f. 5 verso

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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//

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P1110110
f. 22 recto

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Case: Sebastian Cortizos, of Madrid: Deposition: Henrique Jorge Mendez, of Antwerpe, Brabant, Merchant, aged 48: Date: October 26th 1653

The 26:th day of October 1653

Examined upon an allon on the behalfe of
the sd Don Sebastian Cortizos

HENRIQUE JORGE MENDEZ of Antwerpe
in Brabant merchant aged forty eight
yeares or thereabouts a witnes sworne and
examined deposeth and saith as followeth
vizt

To the first second and third Articles of the sayd allon This deponent saith
and deposeth that he hath knowne the arlate Don Sebastian da Cortizos
from his youth, and saith that he hath for twenty yeares now past bene
and now is an ?Ambasta of his Catholique Ma:tie the King of Spaine and
doth furnish his sayd Ma:tie with moneyes for his occasions in Italy and
fflanders, And that the sayd Don Debastian da Cortizos in January ffebruary
and March last past 16?52 and in March Aprill and may 1653 was and att
this p:rsent the true and lawfull Owner and proprietor of one hundred and
eleven sackes of wool of the first marke in the margent and of nyne
sackes more of wooll of the second marje in the margent, and that in or
about the moneth of January 1652 the sayd Don Sebastian da Cortizos did
att or neere Allicant in Spaine cause the sayd 111 sackes of wool of the
first marke in the margent and the sayd nyne sackes of wool of the second
marke in the margent to be laden on board the sayd shipp the S:t Augustine
Simon Johnson XXXXXX M:r to be carryed and transported from thence
to//

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P1110111
f. 22 verso

//to Venice and there to be delivered unto Don Augustin de ffonseca
for the use and Accompt of the producent, and the proceed thereof to
be imployed in the service and upon the Occasion of his sayd Catholique
Ma:ty in Italy and fflanders, the p:rmisses this deponent knoweth to be
true for that hee is under paymaster Generall of the King of Spaines
Army in fflanders, he did about ffebruary last past 1652, receyve
letters of Advise from the Correspondents of the Producents living
att Madrid wherein they did certify this deponent that the fowrsayd
wools of the respective markes aforesayd were about the tyme aforesays
laden att Alicant in the sayd shipp S:t Augustin to be transported to Venice
and there to be delivered for the use and Accompt and fir the service
aforesayd, And this deponent having had for many yeares past
constant correspondence with the sayd Assentista, the producent knoweth,
that he the sayd producent doth usually cause his wools to be marked
with th respective markes afore sett forth. And otherwise he cannot depose.

To the fourth arle of the sayd allon This deponent saith that he hath credibly
heard and verily beleiveth it to be true, that the sayd shipp the S:t Augustin
after lading of the sayd woolls did sett sayle therewith towards Venice
and in her course thither was together with the sayd wools then on
board her seized by force of the shipps of this Commonwealth under
the Command of Cap:t Badily, and that by reason of the sayd seizure
the wools aforesayd came into the hands and possession of the sayd
Captaine Badily. And otherwise cannot depose.

To the fifth and sixth Articles of the sayd allon This deponent saith
that the sayd 120 sackes of wools were really laden and provided for the
Accompt aforesayd and the proceed thereof were to have bene really
employed for and in the Affaires of his Catholiq Ma:ty. And this
deponent himselfe about July last past did deliver to the Spanish
Ambassador here Resident a Letter from his sayd Ma:ty touching the
foresayd woolls and the seeking after restitution thereof. And saith
that albeit the sayd wools in the bills of lading for the same found
aboard the syd shipp be ontrue (sic) for the Accompt of Augustine da ffonseca
of venice, yet the same was and is done onely to secure the same from
the ffrench, and saith It is usuall for the sayd producent so to secure
his wools which this deponent knoweth by the correspondence hee holds
with the sayd producent and the sayd Augustine da ffonseca with both
of whom he hath familiar Acquaintance. And otherwise he cannot
depose saving that noe dutchman subiect of the State of the united
Provinces of ffrenchman subiect of the ffrench King had or hath any
right title or Interest in the same or any part thereof.

To the seventh Article of the sayd allon This deponent daith that the sayd
Sebastian da Cortizo was and is a Spaniard borne and lives in Madrid
where he was borne and hath in habited for theis 20 yeares ast and
indeed all his tyme. and was and is a subiect of the King of Spaine
and so accounted. And saith the sayd Augustin da ffonseca is likewise
by birth a Spaniard but by habitacon of Venice where he hath lived
for about .16. yeares now past, and was and is a subiect of the State
of Venice and so accounted, all which this deponent well knoweth by his
acquaintance & Correspondencyes with both the sayd pties. And otheriws
he cannot depose.//

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P1110112
f. 23 recto

//To the Crosse Interries

To the first negatively.

To the 2:d he saith he had knowne the producent for his youth and saith he is a
Spaniard & inhabitates in Madrid with his family and was borne there and ther
hath lived all the tyme, and his house is in the street called Alocka.

To the 3:d he saith he was not p:rsent att the buying the woolls in question
but knoweth that the producent doth usually deale in wools. and otherwise
saving ?his foregoeing depositions wherto he referreth himselfe hee
cannot depose.

To the 4:th he saith he was not att Allicant neyther saw the wools in question
in the producents possession. but saith he keepes ?continuall and constant
correspondencyes with the producent and thereby well understandeth his busines
and trade, and thereby understandeth that ffrancisco and Gaspard da Maxito
Spaniards Inhabitants of Allicant did lade the wools in question for the
Accompt aforesayd. And otherwise he cannot depose.

To the fifth Interie negatively

To the 6:th Interry negatively to every pt thereof

To the 7:th Interry he saith he is a native of Lisboa in Portugall and is
an Inhabitant of Antwerpe. and otherwise negatively.

To the 8. 9. 10 and 11:th Interries he saith he knoweth nothing thereof

HENRIQUEXXX XXXX [His signature]

SAM DELAXXXX [His signature]

Repeated in Court before the XXX Judges

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Case: XXXX: Deposition: Thomas Watson, of Galloway, Ireland, Merchant, aged 25: Date: October 7th 1653

P1110113
& P1110115
f. 33 recto

The seaventh day of October 1653

The clayme of John Bodkin of Gallaway)
in Ireland for his moneyes and XXXX laden on board)
the shipp the S:t Peter (whereof Cornelius Jacobson)
XXXX was master) taken and surpried by the shipp)
the Handmaid whereof Charles Wills was then)
Captaine)

Xmith ffrancklin

Examined upon an allon on the behalfe of
the sayd John Bodkyn

1. THOMAS MARTIN of Gallaway in Ireland merchant aged
five and twenty yeares a witnes sworne and examined
deposeth and saith as followeth vizt

To the first arle of the sayd allon This deponent saith and deposeth that
in the monethes of June and July 1653 and continually since the arlate
John Bodkin was and is the Lawfull Owner and proprieto:r of the arlate
five hundred peices of eight of Mexico and Sevill conteyned in two bag?s
marked and numbred as in the margent and so accounted, which he knoweth
for that he saw a letter at ?Bilboa  ?for the sayd Bodkin att Nantes
directed to ffrancis Bodkins att Bilboa, ordering him to procure the
like summe of moneyes, and this deponent knoweth that the sayd ffrancis
Bodkins bought and procured the same accordingly And this deponent
saw the sayd money and counted and assisted at the telling and
bagging up the same, and saw the same marked as aforesd, and
afterwards saw bills of lading signed for the same for the sayd XXXX
Accompt. and othewise saving his XXXX deposicons cannot depose
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

To the second third and fourth arles of the sayd allon and to the bill of
lading therein mencconed this deponent saith hee XXX at Bilboa the sayd
ffrancis Bodkin deliver the sayd baggs of money marked as aforesd
to Cornelius Jacobson XXX master of the S:t Peter arlate and heard him
give directions to the sayd XXXX to carry the same aboard the sayd shipp
for the Accompt of John Bodkin to be inn the sayd shipp transported
from Bilboa where the sayd shipp thn lay to Nantes in ffrance and there
to be delivered to the sayd John Bodkin or his assignes for his use and
Accompt, and the sayd dept went to carry the same aboard accordingly
and this deponent did afterwards see the same aboard the sayd shipp
And saith that after the lading of the says XXXXXX XXXX upon or about
the 26:th day of June 1655. last past this deponent at Bilboa saw the
arlate Cornelius Jacobson XXXX signe thXXX bills of lading for the
same all of one tenor, and saith the bill of lading exhibited soeXXX
sam remaining in the Registry of this Court and now shewne to him
this Examinat was and is one of the sayd bills of lading for the sayd
500 peices of 8 which this deponent saw signed XXXX same as aforesd
And the contracts thereof he saith were and are true and reall and not
false or colourable, which he knoweth for the reasons aforesayd and
otherwise he cannot depose.

To the fifth sixth seventh and eighth arles of the sayd allon this deponent
saith that the sayd ffrancis Bodkin is an Irishman and was at Bilboa
a merchant stranger and was and is the XXX XXXXXX and fact:r of the
producent//

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P1110116
f. 33 verso

//producent and so accounted which this deponent knoweth being his
Acquiantance and correspondent. And saith hee saw the syd ffrancis
Bodkin att Bilboa soone after the lading of the sayd moneyes wrote
signe and direct a letter to the sayd John Bodkins att Nantes
touching the sayd moneyes the pticular contents of which letter
hee now remembreth not. And saith he is fully psuaded and well
assured that noe Subiect of the States of the united provinces King
of ffrance or any Prince or State in hostility with this Commonwealth
had or hath any share or interest in the sayd moneyes or any pt thereof
And saith he never herad that the sayd ffrancis Bodkin was or is
a subiect of any such Prince or State, or of the States of the sayd
united provinces or King of ffrance, but beleiveth he is a subiect of
the Commonwealth, and so ought to be and is accomted. And otherwise
he cannot depose.

To the nynth arle of the sayd allon This deponent saith and deposeth that
after the lading of the sayd moneyes as aforesd the sayd shipp S:t Peter
depted therewith frō Bilboa and in her Course thither was seized
by Captaine Wills and Company, in the shipp Handmaid, And the sayd
moneyes now claymed were then aboard the sayd shipp and came into
the hands and possession of the sayd Wills and Company. the p:rmisses
he knoweth to be true being aboard the sayd shipp as a passenger
att the tyme of the sayd seizure. And otherwise cannot depose.

To the tenth arle of the sayd allon thi sdeponent saith tht the arlate
John Bodkin was and is an Irishman borne and so accounted and
in June last and for many years before and since the sayd tyme was
and is an Inhabitant of Galloway in Ireland and hath his wife children
and family there, and was and is a subiect of this Commonwealth
living under the protection thereof and so accounted, and never was
or is a subiect of the States of the united provinces or of the King
of ffrance or of any Prince or State in hostility with this Commonwealth
that this deponent knoweth or ever heard. the p:rmisses this deponent
knoweth being himselfe of Galloway and by his Correspondencyes
he holdath there. And otherwise he cannot depose

To the 11:th hee saith his depositions are true

To y:e Crosse Interries.

To the 1. he saith he comes to be a witnes att y:e Request of Daniel Archer
and hath knowne the producent frō his Childhood. and otherwise negatively

To the 2. he saith he is an Irishman, and is not bound as he beleiveth to
discover his conscience on XXX of Religion, and is a Merchant facto:r
without a settled aboad, and from the yeare 1642. to 1646. lived in
fflanders. frō 1646. to 1652 in the beginning thereof lived in Holland
and Zealand. and from April 1652. to July 1653 in Spain, from
whence he came in July last and in the same month arrived in London, and
here hath resided ever since. And otherwise negatively.

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P1110117
f. 34 recto

//To the third hee saith John Bodkin hath his habitation in Gallaway and there was
borne and hath lived frō his Childhood. and hath his wife and family there
and otherwise negatively saving he beleiveth he was att Nantes upon
his merchandizing affaires about June last

To the .4. negatively to every pt thereof.

To the .5: and 6. he saith he saw the bills of lading interrte signed as aforesd
a shoare. and knoweth the bill of lading now showne him to be one of the
very originall bills as aforesd by the markes firme and contents thereof
and by the handwriting of ffrancis Bodkins servant by w:ch it was and
is filled up. and otherwise being not aboard att the tyme of Lading
referring himselfe XXXX Coresponding deposicons wherein hehath soe forth
all his knowledge in the pticulars touching the sayd moneyes and lading
thereof he cannot depose.

To the .7. he saith he cam along in the sayd shipp and had aboard for his owne
Accompt. 1600. pces of 8/8 and 361/2 ps of 8/8 and 75 ps of 8/8 and gold to the value of 1471/2 in
ps of 8/8 one bag of ambergreese worth 212. ps of 8/8 1(

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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//

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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//

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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//

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P1110138
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//

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P1110127
f. 87 recto

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f. 87 verso

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