Difference between revisions of "Tools: HCA 1/50"

Revision as of 18:33, March 4, 2015

HCA 1/50

Created page, 04/03/2015 by CSG

ff.155r-155v

HCA 1/50 is a volume of records from criminal cases which came before the English High Court of Admiralty between 1634 and 1653.

The record below is from the trial of John Lockier, master of the William and Ralph alias the Virginia Merchant. For background on John Lockier and his ship see: Cannibal tales. Lockier was accused of inadequately victualling his ship before departing London for Virginia. Of the thirty-five seamen and over one hundred and thirty passengers who embarked upon the voyage, some sixty-two passengers and four seamen were alleged to have starved to death before the ship came to Virginia.

In addition to this criminal case, John Lockier was a party to two additional civil cases. The first, brought in August 1650, was for the unpaid wages of six of his crew members. The second, brought in January 1652 (1651 old stile), was for unpaid freight by the freighters Richard Batson, Thomas Jancey, Valentine Austin and John Lockier, to the owners of the ship (Captain Elias Jourdaine and company).

The record from the criminal case is in C17th legal latin. You will find an extremely rough transcription of the record by a non-latinist below. We would appreciate help in perfecting the Latin transcription, and in making an accurate English translation.

For further background on individuals mentioned in the record:

Dr William Clerke; Dr John Exton; Dr William Stephens

Three judges of the High Court of Admiralty active in 1649, 1650 and 1651.

John Lockier

Thirty year old master of the William and Ralph alias the Virginia Merchant. One of the freighters of the ship. Resident in Limehouse in the parish of Stepney in August 1650, after returning from Virginia, where he abandoned his wrecked ship. Deponent in a civil case concerning the unpaid wages of six of his crew, brought before the High Court of Admiralty in August 1650 in the names of Hugh Lockier, George Spurgeon/Spurgin, Richard Paile, Nicholas Paddocke and Thomas Reason.

Name variants: Lockier = Lockyer, Locker [Colonel Henry Norwood refers to "Captain John Locker" in his account of the voyage

Richard Batson

Highly litigious London merchant, with a record of defaulting on terms of charter parties and failing to pay mariners' wages. Born ca. 1601. d. 1667. Citizen and cutler of London. Active in the 1640s and 1650s in trade with West Africa (slaves), Barbados (sugar), Virginia, and Spitzbergen (whales). Batson was one of the principal freighters of the William and Ralph alias the Virginia Merchant, together with Thomas Jancey, another London merchant.

For more on Richard Batson see: Richard Batson and PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667

Thomas Jancey

London merchant active in the Virginia trade. He was one of the principal freighters of the William and Ralph alias the Virginia Merchant, together with Richard Batson.

Thomas Jancey may well have been a grocer, and may have been related to James Jauncy, grocer, of the parish of St Lawrence Jury, London. The HCA 1/50 record states [pardon the poor latin transcription]: "Thomam Jancey parochia Sancti Laurentij in [?XXeri] [?Judeasimo] mercatorum" (HCA 1/50 f.155r] Indeed. there is a record of a Thomas Jauncy, citizen and grocer of London, aged about 30 years in May 1648, in which he deposes about the Virginia trade.

"22 (7) 1649 Tho: Jauncy Citizen & grocer of London
aged about 30 yeares sworne this 6th day of May 1648, before
me Robt Aylet Dr. of Law & one of the Masters of the
Chauncery maketh oath & Deposeth as followeth, vizt, that
the sd Tho: Jauncy being at the time specifyed in the two
Schedules hereunto annexed, servant & apprentice unto
Michael Charlton of Lond. grocer, did know one Clement
Campion then mr of the good ship the Constance of London
bound for Virginia wch sd Clement Campion did come to the
shop & dwelling house of the sd Michael Charleton & did
there at that time aforesd, buy bargaine and agree of &
wth the sd Charleton the severall & respective pcells of wares
& goods nominated & specifyed in the first annexed Schedule
marked wth the tre A wch sd goods & wares hee this Depo-
nent by the order and comand of his then Master did De-
livr into the hands custodie and possession of the sd Clement
Campion, who upon the receipt of the sd wares did then give
a note under his hand to this Deponent for the use of the
sd Charleton, testifying & acknoledging the receipt of the
sd goods & wares as aforesaid, & pmiseing in the sd note to pay
and be accountable unto the sd Charleton for the same, the wch
note is now remaineing in the handes of the sd Michael Charl-
ton; all wch wares & Goods he this Depont. entred pticularly &
severally in his then Masters Debt booke, & did also give a bill
of pcells of the same unto the sd Campion wch wares & goods
amounted in all unto the sume of fourty & two pounds fyve

[page 216]

shillings & foure pence sterling wch the sd Campion pmised
to pay & to Account for as aforesaid.

And ffurthe the sd Thomas Jauncy maketh oath that the
aforesd Clemt Campion did at the same time receive from
the sd Mich: Charlton severall other pcells of wares & goods
consigned by him the sd Charleton unto Thomas Wilkenson
then liveing in Virginia, wch he the sd Clement Campion
(being master of the ship aforesaid) undertooke & promised
either to Delivr unto the sd Mr Tho: Wilkinson, or to pay
and make returne of the same unto the sd Micha: Charleton
(the danger of the seas excepted) wch sd last severall pcells
of wares (specifyed pticularly) in the second annexed Sched-
ule (marked wth the tre B) amount unto the summe of three
& twenty pounds seventeene shillins eight pence wch he the
sd Campion pmised to pay or make returne thereof as afore-
said. Tho: Jauncy.

Jurat sexto May 1648. coram me lepis Doctore Magistre
in Cancellenia Anglie. Robt Aylett"^[1]

The above entry continues with a not of "the severall goods and wares debited to Clement Campion Master of the good ship the Constance bound for Virginia, and by him to be debited to Thomas Wilkinson in Virginia:

Aspinall Notarial Records (Boston, 1903), pp.238-239: Right click on image for full size image in separate window

See: Deposition of James Jauncy of the parish of Saint Lawrence Jury London citizen and grocer of London aged 34 yeares. HCA 13/72 f.463v
See: "In Cateaten Stret: James Joncey Total hearths: 11 Listing status: s"^[2]
See: PROB 11/347/420 Will of James Jancy, Grocer of Saint Lawrence Jewry, City of London 17 April 1675
See: PROB 4/11914 Jauncey, James, citizen and grocer of London 1675, 31 May
See: Herefordshire Archive Service AP 39/456/2 Various deeds of Jauncey, James, citizen and grocer of London 7 March. 1675

Possibly related:
See: PROB 11/296/314 Will of Richard Jauncy, Vintner of Drury Lane, Middlesex 08 December 1659
See: C 6/169/67 Short title: Jauncey v Powle. Plaintiffs: John Jauncey and Thomas Jauncey. Defendants: Francis Powle, John Keyse and Ursula Keyse his wife. Subject: property in Yatton, Herefordshire. Document type: bill, two answers. 1664

The family of the grocer James Jauncey was from Stretton Grandison in Herefordshire. Father was John Jauncey (b.1580, d.1644). James Jauncey was christened in 1624, and died before 1675. He had several elder brothers, including elder brothes John Jauncey (chr. before 1610) and Thomas Jauncey (chr.1615).^[3]

Note: Name variants for "Jancey" = Jauncey, Joncy, Joncey, Jancy, Jauncie, Johncey

Prescilla Lockier

Wife of Hugh Lockier, one of the unpaid mariners on the William and Ralph alias the Virginia Merchant. One of two petitioners to the Judges of the High Court of Admiralty.

See 'The humple petition of Priscilla Lockier and Sara Spurgeon wifes of Hugh Lockier and George Spurgeon two of the Marriners of the Shipp the Virginia Merchant (whereof John Lockier was Captaine or Commander)'. The document can be found at the National Archives, in Kew, England (HCA 15/5 f.99). See: Petitio Prescilla Lockyer, September 28th 1650

See "Marriage of Hugh Lockier and Prisella [no maiden name given], on February 4th 1640 at Hampreston, Dorset, England"^[4]

Note: Dorset name variants for "Lockier" = Locker, Lockyer, Lokyar, Lokier

Sara Spurgeon

Wife of George Spurgeon, one of the unpaid mariners on the William and Ralph alias the Virginia Merchant. One of two petitioners to the Judges of the High Court of Admiralty.

See 'The humple petition of Priscilla Lockier and Sara Spurgeon wifes of Hugh Lockier and George Spurgeon two of the Marriners of the Shipp the Virginia Merchant (whereof John Lockier was Captaine or Commander)'. The document can be found at the National Archives, in Kew, England (HCA 15/5 f.99). See: Petitio Prescilla Lockyer, September 28th 1650

Hugh Lockier/Hugonis Lockier

One of the unpaid mariners on the William and Ralph alias the Virginia Merchant. It is unclear whether Hugh Lockier was related to the ship's master, John Lockier, though Colonel Norwood refers to an unmaed kinsman of Captain Lockier coming with Norwood to the island on which they were abandoned by Captain Lockier.

See "Marriage of Hugh Lockier and Prisella [no maiden name given], on February 4th 1640 at Hampreston, Dorset, England"^[5]

Note: Dorset name variants for "Lockier" = Locker, Lockyer, Lokyar, Lokier

Phillip Stephens/Phillippus Stephens

London merchant. Deponent in both civil trials involving Captain John Lockier. Described in September 1650 as a 28 year old merchant of the parish of Saint Jacobs Dukes Place, London. Stephens had been a passenger on the William and Ralph alias the Virginia Merchant, and had returned to London after the wreck of the ship in the James River in early 1650. In his second deposition in the Admiralty Court in January 1652 (1651 old stile), Stephens stated that "hee this examinate was sworne and examined as a witnes against the interrogated John Lockier at the sessions of Oyer and Terminer [criminal sessions] held before the judges of this court at which tyme the sayd Lockier was indited for starveing his passengers and people abord the sayd ship during the voyage in question".

George Putt/Georgius Putt

Mariner, chief mate and pilot of the William and Ralph alias the Virginia Merchant, and resident in Shadwell. Mentioned in criminal case as a witness, alongside the passenger, Phillip Stephens/

George Putt's name is also mentioned in the humble petition of Priscilla Lockier and Sara Spurgeon. He appears to have criticised the poor victualling of the ship, The humble petition states that: "The sayd Captaine Lockier had not layd in above 6 weekes victualls in his said shipp when she sett saile from Gravesend outward bound; which Mr George Putt cheife Mate and pilot of the said Shippe taking notice of, asked the said Captaine why he had soe slenderly victualled the shipp telling him, it would not serve halfe way; he replyed that he would take in more victualls at the Downes which he did not at all performe notwithstanding there were 35 seaman and above 130 passengers neere upon 200 persons in all in the said Shippe, whereof 62 passengers and 4 Seamen by reason of the want of provisions were starved to death before the shipp came to Virginia."^[6]

Colonel Henry Norwood, in his account of the voyage, refers to George Putt as "mate Putts", calling him "a stout seaman".

Norwood describes Putt's strength of character in adversity:

"Mate Putt was then on the watch, and did not want his apprehension of what did soon ensue, which in all likelihood was to end in our utter perdition; for about the hours of twelve or one at night, we heard and felt a mighty sea break on our fore-ship, which made such an inundation on the deck where the mate was walking, that he retired back with all diligence up to his knees in water, with short ejaculations of prayers in his mouth, supposing the ship was foundering, and at the last gasp. This looked like a stroke of death in every seaman's opinion: the ship stood stock still, with her head under water, seeming to bore her way into the sea. My two comrades and myself lay on our platform, sharing liberally in the general consternation. We took a short leave of each other, men, women, and children. All assaulted with the fresh terror of death, made a most dolorous outcry throughout the ship, whilst mate Putts perceiving the deck almost freed of water, called out aloud for hands to pump. This we thought a lightning before death, but gave me occasion (as having the best sea legs) to look and learn the subject of this astonishing alarm, which proved to arise from no less cause than the loss of our forecastle, with six guns, and our anchors (all but one that was fastened to a cable) together with our two cooks, whereof one was recovered by a strange providence."

According to Norwood's account, Putt remained on the ship while Captain Lockier, Colonel Norwood and others went ashore to a coastal island off Virginia.

Thomas Raisin

Colonel Henry Norwood, in his account of the voyage, mentions "Thomas Reasin and John Smith, men of innate courage, who, for their good resolution on that and divers other occasions in the various traverses of this voyage, deserve to have their names kept in lasting remembrance". According to Norwood they were both foremastmen on board the Virigina Merchant.Interestingly, Thomas Raisin was one of the six named mariners whop brought a civil suit in the High Court of Admiralty for their unpaid wages. Following a powerful storm, Norwood wrote that: "Tom Reasin, seeing the ship go a-head in the likeliest water for a channel, and ordering the helm accordingly, heaved the lead; and after a little further advance into that new channel, wholly against his hopes, he had a good deal of water more than the ship drew, which soon mended upon us, the next cast of the lead affording eighteen or twenty foot. We stood to this channel, and the light of the morning enabling the quarter-masters to con the ship, we were by this miraculous mercy of God, soon clear of the breaches at cape Hatteras, and got out to sea." Later, Norwood describe's Tom Raisin scaling the foremast: "The fore mast, all this while (as much as was of it) stood its ground: and as it was without dispute, that a yard must in the first place be fixed to it, so was it a matter of no small difficulty how to advance to the top of that greasy slippery stump, since he that would attempt it, could take no hold himself, nor receive any help for his rise, by other hands. This was a case that put all the ship's crew to a nonplus, but Tom Reasin (a constant friend at need, that would not be baffled by any difficulty) shewed by his countenance, he had a mind to try his skill to bring us out of this unhappy crisis. To encourage him the more, all passengers did promise and subscribe to reward his service, in Virginia, by tobacco, when God should enable us so to do. The proportions being set down, many were the more generous, because they never thought to see the place of payment, but expected to anticipate that by the payment of a greater debt to nature, which was like to be exacted every hour by an arrest of the merciless sea, which made small shew of taking bail for our appearance in Virginia. The manner of Tom Reasin's ascent to this important work, was thus. Among the scatter'd parcels of the ship's stores he had the luck to find about half a dozen iron spikes fit for his purpose. His first onset was to drive one of them into the mast, almost to the head, as high as he could reach; which being done, he took a rope of about ten foot long, and having threaded the same in a block or pulley, so as to divide it in the middle, he made both ends meet in a knot upon the spike, on both sides of the mast; so that the block falling on the contrary side, became a stirrup to mount upon for driving another spike in the same manner: and thus from step to step, observing the best advantage of striking with his hammer in the smoothest sea, he got aloft, drove cleats for shrouds, to rest upon, and was soon in a posture of receiving help from his comrades, who got a yard and sails (with other accommodation) such as could be had, and thus we were enabled, in few hours time, to make some sail for our port."

Individuals abandoned on coastal island

Colonel Norwood identifies by name only three of the circa twenty-three persons abandoned with him on the coastal island off Virginia. One was Francis Cary, a cousin of Norwood's. Another was Major Morrison, "on whose counsel I had reason to rely most", but who "was extremely decayed in his strength, his legs not being able to support him." A further abandonee was "one major Stephens", who had served as an officer in the late civil war under Sir William Waller.

HCA 1/50 ff.154v-155r: Right click on image for full size image in separate window

Current Transcription

<header>
<series>HCA 1/50</series>
<folio>ff.154v-155r</folio>
<folder>114_03</folder>
<picture>IMG_6851</picture>
<summary></summary>
<document-date></document-date>
<status>First cut transcription started and completed on 04/03/2015 by Colin Greenstreet</status>
<first-transcriber>Colin Greenstreet</first-transcriber>
</header>

[TEXT OMITTED FOR LH FOLIO AND FOR UPPER PART OF RH FOLIO]

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

Offay duorum con Capitany}
John Lockier}

Die Jovis decimus
die mensis Octobris
Anno domini 1650 Coram
doctoribus Clerke et Exton et Willimus
Stephens [?Ar] Judicbus [?a] [?XX] [?Camera]
doctoris Exton [?puXX] John Martyn notorio
publica [?XX] comparuit dictus Capitaneus John
Lockier et produ[?xit] in fide[XX] [?XXores] Richard
Batson parochia sancti Botulphi Billingsgate mercator
et Thomam Jancey parochia Sancti Laurentij in [?XXeri]
[?Judeasimo] mercatorum qui submitten se [?Xe]
obligarunt [?se] [?qe] Custodibus sivertats Anglei
[?qe] pro dicto John Lockier in summa quinqentaru[?m]
[?XXbrazu] legalis [?qe] quod [?XXXs] Lockier [?per] [?XXXX]
[?conspebit] cora Judicibus pred etalijs [?JusitXXXs]
supreme Curia Admirallitats Anglia
proxima sessione [?XXXla] deliberaconus Apud
Pretoriu in Burgo de Southwarke [?XXXX]
[?XXXXX] [?hys] quXXei] [?sume] et ibij obijrient[?s] et
[?XXXX]

HCA 1/50 ff.155v-156r: Right click on image for full size image in separate window

Current Transcription

<header>
<series>HCA 1/50</series>
<folio>ff.155v-156r</folio>
<folder>114_03</folder>
<picture>IMG_6852</picture>
<summary></summary>
<document-date></document-date>
<status>First cut transcription started and completed on 04/03/2015 by Colin Greenstreet</status>
<first-transcriber>Colin Greenstreet</first-transcriber>
</header>

[?tunc] non recedit absqr venia [?qe] et dictus
Lockier [?XXXX] submittens se [?qe] obligavit
se [?gie] in [?summa] atqr ad o[XXXX] pred et da
[?conservande] [?dros] fidem [?XXXres] [?Xuos] indem pues et
ne[?susu] Et tunc comparueru?it Prescilla
Lockier [?nunc] [?XXX im] per uxor hugonis
Lockier de Gunn Ally in Wappinge et
Sara Spurgen nunc [?ves] [?nu] per uxor Georgij
Spurgeon habitans prope [?ha] Greene bancke
in Wappinge et submitten se [?qe] obligart
se [?qe] Custodibus libertats [?Augsue] [?e] da
prosequo?nd proxima sessione goale deliberationis
pro [?hac] Curia Apud Pretorim in Burgo
de Southwarke [?XXXX], con prefatum Capitaneus
John Lockier Et [?in ?se ?qe]. Et ipso et eodem
tempore quidam Phillippus Stephens
parochia Sancti Jacobi dukes place [?XX] et Georgius
Putt de Shadwell in Comitatu Middlesex nauta
presentes in [?indico] obligarunt se [?qe] [?XXX et ?XXXXX ?cora per se ?XXXij] Custodibus
[?XX] in summa Centum libraru segulis [?XX] de
[?com XXXX] et per [?XXXX] omnem quam [?neveruit] [?veritatem]
[?his] que prefato Capitaneo Johanni Lockier
proxima Sessedue goale deliberatonis coram
Judicibus et Justitiarijs pro Admirallitata
Apud Protorud in Burgo de Southwarke
[?seXXX] [?obijcients et [?nesesa]./

1. ↑ William Aspinall, A volume relating to the early history of Boston, containing the Aspinall notarial records from 1644 to 1651 (Boston, X1903). p.237, viewed 04/03/2015
2. ↑ 'Hearth Tax: City of London 1666, St Lawrence Jewry ', in London Hearth Tax: City of London and Middlesex, 1666 (2011), viewed 04/03/2015
3. ↑ The Jauncey Family of Whitwick, Stretton Grandison, Fourth Generation, viewed 04/03/2015
4. ↑ "England, Dorset, Parish Registers, 1538-1936," index and images, FamilySearch, Hugh Lockier and Prisella, 04 Feb 1640; Marriage, citing Hampreston, Hampreston, Dorset, England, Record Office, Dorchester; FHL microfilm 2,427,496., viewed 04/03/2015
5. ↑ "England, Dorset, Parish Registers, 1538-1936," index and images, FamilySearch, Hugh Lockier and Prisella, 04 Feb 1640; Marriage, citing Hampreston, Hampreston, Dorset, England, Record Office, Dorchester; FHL microfilm 2,427,496., viewed 04/03/2015
6. ↑ Petitio Prescilla Lockyer, September 28th 1650, HCA 15/5 f.99