MRP: HCA 13/68 Part One

HCA 13/68 Part One 1653-1654

Editorial history

18/05/12, CSG: Created page together with HCA 13/68 Part Two to subdivide HCA 13/68
20/05/12, CSG: 40 full transcribed pages

To do

Physical description

P1110093 front cover

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
Foliated, ff. 1-706
No contents or index

HCA 13/68: Sample images

HCA 13/68: Sample images: untranscribed

HCA 13/68: Untranscribed image examples

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P1110173 f. 139 recto

P1110194 f. 146 recto partially transcribed

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P1110213 f. 168 recto

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P1110223 f. 193 verso
P1110224 f. 194 recto

P1110234 f. 304 recto
P1110236 f. 305 verso

P1110285 f. 503 recto

HCA 13/68: Sample images: draft transcriptions available

HCA 13/68: First cut transcribed pages

P1110094 f. 1 recto
P1110095 f. 1 verso
P1110096 f. 2 recto
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Sample transcriptions

P1110094 f. 1 recto

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Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 1. Mark Harrison, of Wapping, Middlesex, Mariner, aged 27: Date: September 22nd 1653

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

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//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//

P1110097 f. 2 verso

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//To the 3:d he saith that the interrte shipp the Advantage frigot did
first chase and hale the sayd shipp the Morning Starr or Golden Starr neer four
howres before the interrte shipp the Waterhound came in.

To the 4:th he saith the interrte frigot the Advantage did fight with the
sayd shipp the Golden Starr three howres and upwards before the sayd
shipp the Waterhound came in to their ayd and assistance.

To the .5.:th he saith the Adventure and Advantage interrte were and are one
and the same shipp, And further saith that he knoweth the interrte shipps
the Advantage and Waterhound, and saith they were and are both of them
dutch built and so were att the tyme of their takeing and surprizeing
of the Morning Star or Golden Star aforesd.

To the .6.:th he saith he was p:rsent aboard the shipp Advantage for and during
all the tyme of the ffight interrte from the beginning to the end thereof.

To the .7.:th he saith that the Advantage frigott which first chased haled
and fought with the Golden Starr of the knowledge of this deponent
had att the tyme of first haling comeing upp and fighting with the
sayd Golden Starr the English Colo:rs ineky, out, and did then weare them out,
and not any Holland Colours or ffrench Colo:rs, either in her sterenes
topmast or maintopmast or elsewhere; But saith that att the tyme
of the first sight of the Golden Starr and att the tyme of shooting
the first warming peices being att a great distance the sayd
Advantage frigott did weare the Holland Colours in ther poope?s
And otherwise he cannot depose.

To the .8:th. he saith that after sayd tyme as the Advantage frigot came
up with the Golden Starr, and the sayd Golden Starr refused to be ?visited
the Company of the Advantage did shoot part of one broad side with
bullets att the Golden Starr, before the Golden Starrdid shoot any
bulletts att the Advantage. and otherwise cannot depose.

To the .9.:th he saith he doth not know nor hath heard that the Golden Starr
did endeavo:r to avoyd or decline fighting, but immediately upon the
first fire given in fight by the Advantage, did fire and shoot
against the Advantage and ?hanged up her flagg of defiance
as aforesayd. And otherwise cannot depose.

To the :10.:th he saith he doth not beleive or know that when any shipp of
warr at sea open the first haling of another shipp and being to Leeward thereof doth XXX
the colo:rs of another Republique or State ?or Prince, and afterwards when
she cometh neere and within haling doth putt out the
colours of any other Commonwealth Prince or State different from the
colo:rs of the first republique Prince of State, such shipps usually XXXX
or generally taken for a searobber or Pyrate, or the Compan?ie
thereof enemyes to that shipp so chased; But saith the same is a
common and usuall policy and stratagem in the tyme of warr. And he
further saith he cannot positively answer to this Interrogatory
eyther affirmatively or negatively being wholly Ignorant and ?not
knowing what such shipps of warr are usually and generally
taken//

P1110098 f. 3 recto

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//taken to be, that after haleing and comeing upp with another shipp doth
Change her colo:rs. And otherwise cannot depose.

To the 11:th he saith he was not aboard the interrte shipp the Golden Starr till after
said tyme as the ?Wayters for the Prize office came upon her in the behalfe
of the State, and by authority of the Com:rs for the Prize Office; And he saith
that after the sd Waiters were so aboard he saw the master of the Waterhound
named BLANK IN MANUSCRIPT Grant take out of the Golden Starr a bag of moneyes of about
six hundred peices of 8/8, and saw the Captaine of y:e Water hound Giles Shelley
take out of y:e Golden Starr a quantity of moneyes in a Bagg, but how much
in certaine he knoweth not, and saw likewise Capt MiXX Commander of the
Advantage frigott take out of the sayd Golden Starr, in one or two baggs
four hundred and three and twenty peices of eight and 1/2. And beleiveth
that severall other parcells of moneyes were taken out of the
sayd prize shipp he cannot specify, but beleiveth that all or most of
the Company of the Advantage frigot, and of the Water hound that were
aboard the Golden Starr att the tyme of seizure and afterwards before
she came into the River of Thames had and tooke some small quantityes
of the sayd moneyes, the values whereof he knoweth not. And saith that
some of the Company of y:e sayd Advantage and Waterhound but who in pticular
he knoweth not tooke out of the Golden Starr some small Jarrs of oyle
and some other things the particulars or values whereof he cannot sett
forth. And further he cannot depose."

To the 12:th Interrye he saith
he is not bound to answer
as he beleiveth, there being not any false colo:rs out on board the sayd
Advantage frigott when she haled the Golden Starr. but the Colo:rs
allowed by this State onely.

To the .13 he saith that in case the says shipp the Morning Starr shall be
adiudged prize he this rendent expecteth benefit thereby according
to the office he bore in the Advantage frigot. and according to an Act
or Ordinance of parliament made in that behalfe, and not otherwise. And
further he saith he cannot depose.

Repeated before D:r Clarke by M:r ?Chrymes

MARKE HARRISON [His signature]

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

Case: The Keepers of the Liberty of England ag:t the ship the Heart of Skadam: Deposition: 1. William Evarson, of Skadam, Holland, Mariner, aged 44: Date: September 26:th 1653

The 26:th day of September 1653.

On the behalfe of the Keepers of the Liberty)
of England by authority of parliament ag:st)
a shipp or vessell called the Hart of Skadam)
taken and seized by some of the shippes of)
the ffleet of this Commonwealth. XXXXX)
of which sayd vessell the Hart Peter)
ffXXir was master.)

RXX:t

1. WILLIAM EVARSON of Skadam in Holland
mariner aged four and forty yeares or thereabouts
a witnes sworne and examined deposeth and saith
as followeth vizt

To the first Interrie hee saith and deposeth that he this deponent was
one of the Common Mariners of the Companie of the sayd shipp the Hart
and was aboard the sayd shipp att the tyme of seizure of the same
by some of the shipps of this Commonwealth; And saith that the sayd shipp
the Hart came last from Skadam in Holland and began her outward
voyage//

P1110099 f. 3 verso

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//voyage from shoare, and should have there ended her voyage, ans so would
have done in case she had not bene hindred. And saith the master and shipps
Companie of the sayd shipp the Hart the voyage in question were and are all
of them Inhabitants of Skadam aforesayd and subiects of the States of the
united provinces, All which he knoweth being an Inhabitant of Skadam
and one of the sayd shipp of the Harts Companie as he hath declared. And
otherwise he cannot depose.

To the second Interrie This deponent saith and deposeth that the sayd ship
the Hart had att the tyme of the sayd seizure, one hundred and four score
Tonnes of pickled herrings on board her. And saith the sayd
shipp and all her sayd lading did att the sayd tyme of seizure belong to
severall merchants Inhabitants of Skadam subiects of the sayd States of the
united Provinces, The p:rmisses he knoweth being of the sayd shipps
Companie and an Inhabitant of Skadam as aforesayd, and well knoweing
M:r Anthonie of Skadam Bookekeeper for the sayd Owners of the sayd shipp
and goods, the names of which owners in pticular he cannot sett forth.
And otherwise he cannot deppose saving that the sayd M:r Anthonie is a principall
owner of the sayd shipp and goods nemaley of one halfe pt of the said shipp and XXXXX

To the third Interrie he saith he doth not know that there were any Bills
of lading Coyquetts, Charterparties or other writings aboard the sayd
vessell the Hart when she was seized, neither doth he know that XXX
she the sayd bessell came from the Last port any writings have bene
burnt throwne overboard or hid or concealed or altered. And otherwise he
cannot depose.

the marke or firme of XXXX

William [XX HIS MARKE] Evason

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

Case: The Keepers of the Liberty of England ag:t the ship the Heart of Skadam: Deposition: 2. Herrick Williamson, of Skadam, Holland, Mariner, aged 40: Date: September 26:th 1653

The same day

Examined upon the sayd Interies

2. HERRICK WILLIAMSON of Skadam in Holland Mariner
aged fourty yeares or thereabouts a witnes sworne
and examined deposeth and saith as followeth. vizt.

To y:e first Interrie This deponent saith he was one of the Common Mariners
of the sayd shipp the Harts Companie, and was on board her att the tyme
of seizure by the shipps of this Commonwealth, And saith the sayd shipp
the Hart began her outward voyage from Skadam in Holland, and there
was to have ended her voyage, and so would have done had she not beene
intercepted. and saith the Master of the sayd shipp Peter ffreize and all the
shipps Companie were of Skadam aforesaid and subiects of the States of the
united provinces, which he knoweth being an Inhabitant of Skadam
and one of the sayd shipps Companie as aforesayd. And otherwise cannot depose.

To the second Interria he saith and deposeth that the lading of the sayd shipp at
the tyme of seizure was one hundred and four score tunnes of pickled
herings or thereabouts. And saith that one M:r Anthonio Libertson of Skadam
is the principall Owner of the sayd shipp and lading, and as this deponent
taketh it, of one halfe part of both the sayd shipp and lading. And saith
that Jacob Symondson, and Jacob Alwinson of Skadam and others whose
names this deponent remembreth not are likewise part owners of the
sayd shipp the Heart and her lading. And otherwise he cannot depose saving
that all the Owners of the sayd shipp and lading were and are Inhabitants
of Skadam and subiects of the States of the united provinces and so
accounted//

P1110100 f. 4 recto

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//accounted reported and taken, the p:rmisses this deponent knoweth to be true
being himselfe an Inhabitant of Skadam and att the tyme of the sayd seizure
and before one of the sayd shipps Companie. And otherwise cannot depose

To the third Interria negatively to every pt thereof

the marke of the sayd
Hendrivk Williamson

SAM DELAPLACE [His signature]

Repeated with his p:rcontest
before D:r Godolphin and D:r Clarke

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

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, George 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//

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//

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 saving
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.

To the .7.:th he saith he knoweth not whether the sayd shipp the Expectaccon
hath bene sold or noe since her Arrivall in the port of London. But saith
that in case she be sold, she did as he beleiveth yeild more moneyes by
reason of the repaires done to her at Nessina by M:r Beales moneyes as
aforesayd, for that he saith before her said repaire at Messina, she was
so rotten and out of Order that she was then of little worth, and could not
possibly without repaires have sayled from Messina to London and ?soemuch
the sayd Thomas Newman did declare himselfe to this deponent att Messina
And otherwise he cannot depose.

To the .8.;th he saith he referreth himselfe to the Acts and proceeding had
and made in thos Court. And further he cannot depose.

To the .9.:th he saith he knoweth not any of the parties arlate, And further
cannot depose.

To the last he saith his deposiccons are true, And otherwise he cannot depose.

To the Crosse Interries.

To the first he saith he hath noe relation to the interrte Edward Beale
nor ever had, and saith he cometh to be a witnes in this cause att the
Request of M:r Elrock a merchant of this Citty. And saaith that the
sayd shipp Expectaccon was att Messina in Scicily in November December
January and ffebruary 1650 and lay neere the mould (sic) there being a
place where the Merchants of Messina usually walke and this deponent
upon occasion of walking there with others and seeing the sayd shipp
being an English vessell there lyeing, did severall tymes goe aboard
her both before she was repaired in the tyme of her repairing and allso
after she was reparied. And otherwise he cannot depose, saving that for a
moneth and upwards after repairing the sayd shipp lay within pistoll shott of the Rendants XXXX

To the second he saith that in the monethes of May June July August and
September 1650 or about that tyme the sayd shipp the Expectaccon was
int the service of the sayd Edward Beale, and he the sayd Edward Beale
did take the same to ffreight, and saith that before he so tooke to freight
and ymployed the sayd shipp, she was his debto:r for reparies and fitting
out to sea in the summe of four hundred dollars or thereabouts, and
did serve him in the sayd monethes or some of them, the certayne space
of tyme he this deponent cannot sett forth, upon a voyage from Messina
to Constantinople, for the satisfaction of the sayd debt, And otherwise he
cannot depose, saving he came to know the p:rmisses by the relation of the sayd Newman Ayres
and the sayd Producent Edward Beale att Messina in the sayd yeare 1650.

To the third he saith he was not psent att the payment of the moneyes interrt
but hath credibly heard and verily believeth that the moneyes due for the
Mariners wages of the sayd shipp was payd in peices of 8. and that the
moneyes for repair of the shipp was payd by the Order of the sayd Newman
and Ayres to severall Brokers of Messina to whom the sayd Newman and
Ayres had given direction to furnish her with said necessaries as she
wanted, and beleiveth the sayd moneyes was payd to the sayd Brokers
in ?Oun?es ?Tarues and graines the ordinary Currant moneyes of Messina
and otherwise saving his foregoeing depositions he cannot depose.//

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To the .4.:th he saith that Juan Dominico ?Mariella, Diego Catannia, and
ffrancisco da ffran?i were the Brokers whom the sayd Newman and
Ayres ymployed to furnish necessaries for the sayd shipp, and the parties
to whom the moneyes for such necessaries were payd; And this deponent
saw the sayd Brokers send aboard the sayd shipps, cordage, XXXX
nayles, bolts, provisions of victualls and other things the pticulars
whereof or ?respective severalll summes paid for all or any of them, or the
names of the parties or psons who were p:rsent; or the occasion of t?them
being so p:rsent, hee cannot specify or sett forth. And otherwise cannot
depose

WALTER HICKST [His signature]

Repeated before D:r Clarke
and D:r Godolphin.

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

Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 2. Robert Mill, of Deptford, Kent, Mariner, Captaine of the Advantage Frigot: Date: October 3rd 1653

The 3:d day of October 1653

Examined uppon the sayd allon

2 ROBERT MILL of Deptford in the County of Kent Mariner
Captaine of the Advantage frigot, aged two and
thirty yeares or thereabouts a witnes sworne and
examined deposeth and saith as following vizt.

To the first arle of the sayd Allon This deponent saith that the arlate shipp
the ?Golden Starr was chased fought with and taken upon the English coast
betweene Beachy and the Isle of Wight by the Advantage frigot whereof
this deponent was Captaine, and the Water hound whereof Giles Shelley
was Captaine both the sayd shipps being in the immediate service of this
Commonwealth, which this deponent knoweth being Captaine of the Advantage
frigott and p:rsent at the chase, fight and seizure aforesd. And otherwise
cannot depose.

To the 2:d he saith the sayd seizure fight and chase happened as aforesayd
off of Beachy within 5 leagues or thereabouts of the English shoare ?upon
the 23:th day of ffebruary, 1652 last past. which he knoweth for the reason?s
aforesd. And otherwise cannot depose.

To the 3:d he saith in ffebruary 1652, and for many monethes
before and continually since there was and is warr betweene the Commpnwealth
and the States Generall united provinces, And so much was and is
publike and notorious, and was in ffebruary aforesayd and many monethes
before as he verily beleiveth & knowne and ?belived in Spaine and the pXXXX
thereof and pticularly att ?Cadiz. and in fflanders Hamburgh, and other
ports and places beyond the seas, and well knowne as he also beleiveth to
the Master and Company of the ?Golden Starr afforesd. And otherwise cannot
depose.

To the 4:th he saith the sayd shipp ?Golden Starr att the tyme of the chase aforesd
was sayling in that way or course that lyeth and leadeth directly for XXX
Holland: whcih he knoweth for the reasons aforesd, And otherwise cannot depose

To the 5:th he saith and deposeth that upon the 23:th day of ffebruary aforesd
and about 7 of the Clock in the morning of the same day This deponent mett with the
sayd shipp the Morning Starr, and being at a good distance and out of
shott, caused the Hollanders Jack and Ancient to be putt out upon his frigot
?the//

P1110104
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//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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//was not taken downe till after the sayd shipp was subdued, and then it was taken
downe by some of the Companie of the sayd English shipps that made the seizure
and this deponent now taketh ?it by some of the Company of the sayd Waterhound
frigot: And saith that after the sayd shipp was taken and subdued as
aforesayd, this deponent being aboard her vizt about halfe an howre after
the fight heard severall of the Company of the Goden Starr, say there
was a good prize for this deponent and y:e sayd Gyles Shelley then likewise
aboard meaning and speaking of the sayd shipp the Golden Starr. The
p:rmisses this deponent knoweth being p:rsent att and seeing, & hearing the
severall passages aforesd. And otherwise cannot depose.

To the .11. and 12. arles he saith he knoweth nothing thereof.

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

To the Crosse Interries.

To the .1. and .2. he saith he this Rendent was Captaine of the Advantage
frigott interrte and was aboard her att the tyme of taking and surprizeing
the Morning Starr or Golden Starr interrte.

To the third he saith he knoweth not of any shipp knowne by the name of
the Adventure frigot any way concerned in this ?busenes and saith the Advantage frigot alone mett with and for
about four howres fought with the sayd Morning Starr or Golden Starr.

To the .4.:th he saith the sayd shipp the Advantage frigot fought with
the Golden Starr aforesd.

To the 5:th he knoweth both the sayd shipps the Advantage and the
Waterhound, and saith that att the tyme of the sayd fight they were both
of them Dutch built shipps.

To the .6.:th he saith he was p:rsent all the tyme of the fight interrte.

To the .7. he saith that the Advantage frigott att the tyme of shooting the
warning shott as aforesayd, being att a great distance frō the Golden
Starr, and without shott, did weare and had out the Holland or fflemish
colo:rs in her sterne for the reasons p:rdeposed. And otherwise negatively.

To the 8:th he saith the sayd Advantage frigott did make two shotts w:ch bXXXXeth
over the Golden Starr as aforesayd, before the Golden Starr fired att the
Advantage.

To the .9.:th he referreth himselfe to the foregoeing depositions wherein he
hath deduced the whole series of the sayd engagem:t and fight, and otherwise
negatively.

To the .9. he saith It is usuall and Lawfull as he beleiveth especially in tyme
of warr for shipps to weare severall colo:rs, before fight, but to fight onely under
their owne colo:rs, and saith that the supposition made in this Interry is quite
besides the matter in debate, howbeit for satisfaction thereto he saith, that
when any shipp att sea uppon the first haling of another shipp doth weare
the colours of one Republike State or Prince, and afterwards doth putt out
att the same tyme the Colo:rs of any other Commonwealth Prince or State
different from the first Republike Prince or State, such shipp for ought that
this deponent knoweth or hath heard is not usually and generally taken to
be a Searover or pyrate; nor that such shipp or the Company thereof
may be Justly suspected for an enemy to that shipp which is ?haled
And further he cannot depose.//

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//To the .11:th. he saith. that he this deponent was aboard the Golden Starr aforesd
after the seizure interrte , and whilest the sayd shipp lay in the Hope
tooke out of the masters mates chest in the Round howse of the sayd shipp four
hundred twenty two peices of 8/8 or thereabouts, And saith that he hath
heard that the Master of the Water hound, and the Captaine and ?prickmaster
thereof had and tooke some baggs of moneyes out of the sayd shipp, but
to what value he knoweth not, but hath heard they were in all about
seven baggs. And farther he cannot depose, saving he beleiveth
all the sayd moneyes was so taken out before the unlading of the sayd
shipp by Authority of this Court, And saving that this deponent before the
sayd tyme had out of the sayd shipp from betwixt the middle deckes
thereof two small Casks of oyle the value whereof he knoweth not.

To the 12 he saithh It is usuall as he beleiveth for any shipp att sea being
haled by any shipp who att the tyme of haling and commanding to strike weares false colo:rs and
gives there by supiccon of being an enemy or pyrat to stand upon the
XXX XXXXX XXXXX and othewise cannot depose.

To the .13. he saith in case the sayd shipp the Morning Starr or Golden Starr
be condemned as prize, he this deponent expecteth advantage thereby
in the quality he served in the Advantage frigot, according to a law
statute or ordinance of parliament made in that behalfe and not otherwise.
And further he cannot depose.

ROB: MILL [His signature]

Repeated before D:r Clarke
and D:r Godolphin

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

Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 3. Thomas Keyes, of Deptford, Kent, Mariner, late Quarter Masters Mate of the Advantage Frigot: Date: October 3rd 1653

The same day.

Examined upon the sayd allon

3 THOMAS KEYES of Deptford in y:e County of Kent Mariner
late quarter masters mate of the Advantage friggott
aged eight and forty yeares a witnesse sworne and
examined deposeth and saith as followeth viz:t

To the first second third and fourth Arles of the sayd allon this deponent
saith and deposeth that being aboard the sayd shipp or frigott the
Advantage in the immediat service of this Commonwealth the Captaine
and Company of the sayd shipp upon or about the 23:th day of ffebruary last
past espeyed a shipp sailing in a direct Course for Holland betweene
Beachy and ?ffairlee about four or five leagues from the English
shoare, which afterwards proved to be the arlate shipp the Golden starr
or Morning Starr whereof Michael van Lupkin was Commander, And
afterwards upponn the same day and neere the same place and XXXX after
a sharpe fight the sayd frigat the Advantage Commanded by Captaine
Mill and the arlate shipp the Waterhound whereof Captaine Shelley
was Commander being likewise in the ymmediate service of this Commonwealth
subdued and tooke and surprized the sayd shipp the Golden Starr. And saith
that att the tyme aforesayd and for many monthes before and since
there was open warr and hostility betweene, this Commonwealth and
the States Generall of the united provinces, And the same was and is
as//

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//as he saith publike and notorious and well knowne att Cadiz and
other ports of Spaine and in fflanders, and Hamburgh and other
ports and places beyond the seas, and to y:e Captaine and Company
of the Golden Starr as he verily beleiveth, the p:rmisses he knoweth
being quartermasters mate of the Advantage frigot aforesayd
and p:rsent aboard her att the fight and seizure aforesd. And otherwise
he cannot depose.

To the fifth sixth seventh and eighth arles of the sayd allon This deponent
saith and deposeth. that the Captaine and Company of the sayd shipp the
Advantage first espyed the sayd shipp the Golden Starr about 6 or 7 of
the Clock in the morning of the day aforesayd and toward .8. of the
Clock or some thing before came upp with the Morning Starr or
Golden Starr; having before that att a distance shott a warning
peice with powder onely to which the sayd shipp the Golden Starr
made answer in a shott of powder in token of freindshipp; And
he saith that the Advantage frigott when she so came upp with the
Golden Starr wore out the Colours of the Commonwealth onely, and the
Captaine of the Advantage then haled the Morning Starr, being
neere to her and within hearing and commanded them to strike in the
name of the parliament of England, and submitt themselves to
be visited, and saith the Captaine of the sayd Golden Starr in stead
of showing submission to the authority of this Commonwealth being
upon the Coasts of Englands as was demanded of him and is usuall
did in a contemptuous manner returne skurrilous and base language
and in an unbecoming and skornefull and reproach full way
turned downe his breeches, and held upp his bare ?bumme or
breech to the sayd Captaine Mill and Company, and waved his
Cuttle axe bidding the sayd Captaine Mill Come to Leeward, all
which this deponent saw and observed. And further saith that one
Gunn being fired over the sayd shipp the Golden Starr, the sayd
Captaine whereof ?hoysed upp a flagg of defiance being a Redd
flagg with the picture of an hand and a sword therein, and immediately
fired a Broad side upon the Advantage friggot whereupon ?there
begann a sharpe fight betwixt the sayd shipp the Advantage
frigot wearing the Colo:rs of this Commonwealth and the sayd shipp the
Golden Starr wearingher flagg of defiance, in which fight
two of the Company of the Advantge frigot lost their lives, and
the Master and Company of the Golden Starr with their shipp
fought eagerly and did their utmost endeavo:r to sinke and destroy
the sayd Advantage frigot with the English aboard her so fighting
ipon the English Coast as aforesd. The p:rmisses this deponent
being p:rsent in the sayd fight saw and observed, and knoweth the same to
be true as he hath now declared. And otherwise he cannot depose.

To the nyth & tenth he saith that during the sayd fight and about ?one
of the Clock in the after none of the . same day, the arlate shipp the
Waterhound//

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//Waterhound wearing the Colo:rs allso of this Commonwealth came in to the
assistance of the Advantage frigot and came upp with the Golden Starr
And the M:r & Company of the Golden Starr fired upon the Waterhound and
fought with her till att last the Waterhound and Advantage boarded
tooke and surprized the sayd shipp the Morning Starr or Golden Starr.
And saith the sayd shipp Golden Starr during all the sayd ffight had and
wore out her flagg of defiance which was after the fight taken
downe by some of y:e Waterhounds Company and not before. All which
this deponent being then p:rsent in the sayd ffight well saw and observed
And otherwise cannot depose.

To the 11.:th and 12:th he saith he cannot depose.

To the 13:th. he saith his deposotions are true.

To the Crosse Interryes.

To the 1. 2. 3. and 4:th. he saith he was quarter Masters mate of the Advantage frigot
interrte, and aboard her att the taking of the Golden Starr or Morning
Starr interrte. And saith the Adventure frigott was not p:rsent in the chase
or fight interrte; and that the Advantage frigot alone espyed, mett with
haled and for neere ?foar howres fought with the Morning Starr or
Golden Starr before the Waterhound interrte came in to her assistance.
And otherwise he cannot depose.

To the 5:th he saith he knoweth the sayd shipps the Advantage and Water
Hound, and saith they are dutch built shipps, and so were att the tyme
of the taking the sayd shipp the Golden Starr.

To the .6. he saith he was p:rsent and aboard the Advantage frigot for and
during all the fight interrte.

To the .7:th. he saith that att the tyme of haling and fighting a foresayd
the sayd shipp the Advantage frigot had and were out the Colo:rs of the
Commonwealth, and otherwise negatively.

To the .8.:th he saith as he remembreth the Advantage frigot shott onely
one gunn Laden with bullet, before the Morning Starr did fire upon
the sayd Advantage frigot. And otherwise he cannot depose

To the .9.:th he saith that the sayd shipp the Morning Starr or Golden Starr
during the sayd fight did hold on her Coarse, and thereby made a shXX
of declining fight, but saith she refused to be visited, and made one
broad side upon the Advantage frigot be fore the Advantage gave
her any broadside. and otherwise negatively.

To the .10.:th he saith that this Interrogatory is not as he conceyeeth ptinent
to the busines in hand. how beit for satisfaction thereto he saith that
a shipp of warr changing her colo:rs after haling of another shipp is
not generally taken to be a pyrate, nor the sayd shipp and Company
to be an enemy to the shipp so haled; nor justly suspected so to be
as he beleiveth. And otherwise he cannot depose.

To the .11:th. he saith he never was aboard the sayd shipp the Golden Starr or
Morning Starr . nor doth he know of any money plate or goods taken
out of the sayd shipp att any tyme by any pson or psons whatsoever
And otherwise he cannot depose.//

P1110109 f. 8 verso

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//To the 12 he saith It is usuall for any shipp att sea being haled
by any other shipp that weares false Colo:rs, and therby gives
susption of being an enemy or pyrat to stand upon the ?defensive
guard. And otherwise cannot depose.

To .13. he saith in case the sayd shipp be condemned for pr?eze he
expecteth benefit thereby according to the quality he served in
in the Advantage frigot and according to the Lawes and ordinances
of parliament in that case made and appoynted. And otherwise
he cannot depose.

the marke of the [+ HIS MARK] sayd Thomas Keyes

Repeated before S:r Clarke

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

Case: The Clayme of the Lord ?Roscea Daniel Halfe Rider and others for the shipp the S:t John: Deposition: 1. Jacob Groat, of Dantzÿck, Poland, ?Mariner and Master of the S:t John, aged 38: Date: October 4th 1653

The fourth day of October 1653.

The Clayme of the Lord ?Roscea Daniel Halfe Rider)
and others for the shipp the S:t John of which)
Jacob Great is master, and the tackle and furniture)
and other things lately seized in the same by a
private Mann of Warr. Suckley)

.1. JACOB GROAT of Dantzijck in Poland mariner
master of the sayd shipp the S:t John aged eight
and thirty yeares or thereabouts. 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 the arlate
Lord Rossea and others all Inhabitants of Dantzyck for these 9 yeares last
past or thereabouts have bene and att p:rsent are the true and lawfull owners
of the sayd shipp the S:t John her tackle and furniture and so accounted:-
And moreover saith the sayd shipp about nine yeares since was built
att Colburne in Pomer land, and hath for the sayd nyne yeares Last
past belonged to Dantzyck, the p:rmisses this deponent knoweth having
lived in Dantzyck for and during all the sayd tyme., and is master
of the sayd shipp And otherwise he cannot depose.

To the second arle of the sayd Allon This deponent saith that on or about
the third day of October in the yeare 1652 the sayd shipp sett sayle
from Dantzyck and sayled to ?Rya a place likewise in the East Countrye
and there tooke in a lading of hempe flax tarr Clap boards and other
like goods and in her Course for Callis whither she was bound was taken
and carryed to ?Amsterdam by fourteene Men of Warr, and was was (sic)
there deteyned from about the beginning of December 1652 till
about the 15:th day of Aprill 1653. Last past, upom p:rtence that she was
comeing for some port in the Commonwealth of England, And saith
that being att last released she went to Callis and there safely arrived
and delivered her ladeing, and that in her Course frō ?Callis
to Rochell there to take in a loadeing of salt was in her sd Course mett
withall and taken by Captaine White a private man of warr. And
this deponent and his shipps Company did acquanint the sayd White and
Company that the sayd shipp the S:t John did belong to Dantzyck, and
shewed him his Seabreife whereby the same did and might clearly
appeare and saith that the p:rmisses notwithstanding the sayd White
did and would bring in the shipp to Dover in or about the third day
of//

P1110110
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To the Crosse Interries

To the first Interry This Rendent saith that the sayd shipp the Lewis or
?Lowisa was taken neere to Holy yeland by the Kentish frigot whereof Capt
Reynolds was Commander and this Rendent masters mate, and saith he
comes to be examined as a witnes by the meanes of the sayd Captaine
Reynolds, and saith he knoweth not what he is to have if the sayd shipp
and goods be condemned. And as for the Hunter and her lading
he knoweth nothing thereof. And otherwise he cannot depose.

To the second Interrye This Rendent saith that there
was about 15 tonne of oyle taken out of the Lousia (sic) and sent upp in a
hoy to this port of London but by whose order he knoweth not, but doth
beleive It was sent to London by the Order of the sayd Captaine Reynolds.
and saith he doth not endeavo:r to procure the sayd shipps Lowisa and
Hunter and their lading to be condemned for prize, but being sworne
in Court in a legall way to speake the truth in this cause hath now declared
the same according to his knowledge. And saith that Captaine Brandley
Commander of the Squadron whereto the Kentish frigot did
belong, did cause three small Iron gunnes with their carriages wormes
sponges and other appartenances to be taken out of the Lowisa into the
Kentish frigot for the service of this Commonwealth. And further he
cannot depose.

the marke of the HIS MARK sayd
Richard Moone

Repeated before D:r Clarke
and D:r Godolphin

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

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.

The Clayme of don Sebastain Cortizos of)
Madrid for one hundred and eleven sackes)
of wooll of the first marke and nine sackes)
of wooll of the second marke Laden in the)
shipp S:t Augustin whereof Simon Johnson)
?Abequert master taken by some of the)
Parliament shipps under the Command of)
Captaine Badily)

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 Sebastian 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 Abaqaert M:r to be carryed and transported from thence
to//

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.//

P1110112
f. 23 recto

Reasonable quality digiral image

//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 A?locka.

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 negiatively.

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

HENRIQUEXXX XXXX ?MENE [His signature]

SAM DELAXXXX [His signature]

Repeated in Court before the XXX Judges

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

Case: The Keepers of the Liberty of England ag:t ships mentioned in attached schedule: Deposition: John Major, of East Smithfeild, Middlesex, Leiftenant of the Elizabeth frigot, aged 25: Date: October 26th 1653

The 26:th day of October 1653

The keeps of the Liberty of England by Authority)
of Parliam:t ag:st the shipps mentonned in the schedule)
herunto annexed and the severall goods wares)
and merchandizes therein respectively taken)
and seized by the shipp named the Elizabeth)
ffrigot whereof Christofer Mangs was M:r)
in the immediate service of this Commonwealth)

?Bnd Suckley.)

1. Examined upon an allon on behalfe of y:e Keeps of
the Liberty of England by Authority of Parliament.
JOHN MAJOR of East Smith feild in the County
of Midds Leiftenanant of the Elizabeth
frigot in the immediate service of this Commonwealth
aged five and twenty yeares or thereabouts
a witnes sworne and examined deposeth and
saith as followeth.

?Rew d:?t

To the first article of the sayd allon, This deponent saith that on or about
the third day of this Instant October the arlate Cap:t Christopher Mynyes
haveing espyed att sea about four Leagues off deepe a ffleet of
shipps consisting of twenty four sayle whereof the shipps hereafter
specifyed were pt that is to say The ?fflean Boyde Peterson Ma:r. The Hope
Martin MiXXdorson Ma:r, The Gideon. Gerdt ffal?cas M:r. The ?Mercury Jan de?toire M:r
The Hope Henry Caven Ma:r. The XXXXX Clases Van?Reden M:r. The ffortune ?Barnde van
Danck M:r. The ffortune Joachim ?Devok M:r The Hope Henrdrick Martin M:r. The King David
?Weitt Weittenson M:r. The Salvator Henry Dorder M:r. The Hope John Peterson M:r. The S:t Anthony
Zacharia ?Wild M:r. The ffortune Arient Ga?llen?tyne M:r. The Mathew Claes ?Billiet M:r. The
Golden Butt Hans Clasesin M:r. The ?Car fanger Bernt ?Carfanger M:r The King David Jacob Young
M:r. The Golden ?ffan Peter Eppon M:r. The Prophet Elias Simon Cornelias Master
gave chase unto them from about nine of the Clock in the Morning untill
two in the afternoone, and about that tyme came neer and allmost upp
to the hindermost or Reare of them which this deponent knoweth being
Leivetenant of the sayd shipp, and an eye witness of the p:rmisses, And
otherwise he cannot depose.
To//

Case: The clayme of John Bodkin of Gallaway, for money & silver on the S:t Peter: Deposition: Thomas Watson, of Galloway, Ireland, Merchant, aged 25: Date: October 7th 1653

P1110113 & P1110115 f. 33 recto

P1110113 f. 33 verso & recto High quality digital image
P1110115 f. 33 recto So-so quality digital image

The seaventh day of October 1653.

The clayme of John Bodkin of Gallaway)
in Ireland for his moneyes and sylver 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)

Smith 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.

ffranke ?d:t

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 [IB n:° 3. 4.] and so accounted, which he knoweth
for that he saw a letter at Bilboa frō 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 pducent
Accompt. and othewise saving his following deposiccons cannot depose
& saving that the sayd moneyes are the proceed of the producents goods Tobacco & ?suXXX as he beleiveth

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 three bills of lading for the
same all of one tenor, and saith the bill of lading exhibited for the
same 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 forthe 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 correspondent and fact:r of the
producent//

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 in poynt 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.

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 1/2 and 311
kintalls (sic) of Spanish Iron. and otherwise negatively.

To the 8. hee refereth himselfe to his foregoeing depositions and further
cannot depose.

To the 9. he saith he hath lived in Holland and Zealand as he hath above
declared. and hath noe intent to returne thither nor had any such purpose
att the tyme of the seizure of the petera nor hath any ?house there
or elsewhere saving in Galloway as XXXX apparent to his father

To the.10. hee saith he knoweth not of any ensurance upon the money in
question or any pt thereof. nor that the producent did or doth use to XXX
any other psons goods under his owne name.

To the .11. he saith that hee this deponent did about 2 dayes after the arrivall
of the S:t Peter att ?ffoy in his owne Lodgings there deliver to Captaine
Wills intXXXX severall bills of Lading and papers. and otherwise
negatively.

To the 12, he saith he saw the lre interrte at Bilbao about the latter end of
June last past in the hands of the sayd ffrancis Bodkin. and beleiveth
the contents of the sayd letter were true, and that y:e same is come into
the possession of Capt Wills. and otherwise saving his foregoing
depositions he cannot depose.

To the .13. he saith hee saw severall goods of a good value in the hands
of the sayd ffrancsi Bodkin which were sent to him by the producent
about the month of May or April last in an English vessell whereof
one Dun?con was Master frō the port of Nantes in ffrance. and
John Bodkin by bills of lading and letters which hee saw in Bilboa
for and touching the same, and saith the sayd Goods were Tobacco and hides.

To the .14. he saith he hath knowne ffrancis Bodkin in the bills of lading
mencconed frō a Child, and he now resides in Bilbao and so hath done
for theis 6 yeares or thereabouts, and before att Gallaway frō his Child?hood
?And//

P1110118
f. 34 verso

//And saith he is a facto:r for English and Irish merchants and not for
ffrench or dutch merchants so far as this deponent knoweth or hath heard. And
otherwise saving his foregoeing depositions he cannot depose.

To y:e .15. he saith the sayd shipp S:t Peter was att the tyme of her seizure in
the possession of dutch men subiects of of the States of the united Provinces
and her Company were most of them subiects of the sayd States. and she
and her lading would have gone to Nantes in ffrance if they had not beene
surprized as aforesd.

To the .16. he saith Daniell Archer did informe this Rendent that the producent
had sent him order to clayme the moneyes now in question, and this Rendent
beleiveth it to be true that the sayd M:r Archer hath such order. and
otherwise he cannot depose.

To the 17. he saith the sayd Daniel Archer is an Irishman and noe ffrenchman
nor subiect of the ffrench King, and as this Rendent hath heard hath
bene about a yeare and an halfe in England, and was in ffrance about
6 yeares agoe, but when hee came last frō thence this REndent knoweth
not. And otherwise he cannot depose.

Reoeated before D:r Clarke
and D:r Godolphin

THOMAS MARTIN [His signature]
************************************************

Case: Joseph Markes and John Baptista Margarita et al, merchants of Spayne, concerning the ship the ffortune: Deposition: Philip Duncar, of Antwerpe, Brabant, Mariner, Captaine of the ffortune: Date: October 8th 1653

//The eighth day of October 1653

The Clayme of Joseph Markes and John)
Baptista Margarita and others merchants)
of Spayne and subiects of the King of)
Spayne for their goods lately laden on att)
the Island of Palma in y:e Canaries)
and Cast on shoare in the shipp the)
ffortune whereof Phillip Duncar was Ma:r upon the Coast of Cornwall.)

Smith Budd

Examined upon an allon upon the behalfe
of the sayd Claymes

PHILIP DUNCAR of Antwerpe in
Brabant Mariner Captaine or Commander
of the sayd shipp the ffortune, aged
four and twenty yeares or thereabouts
a witnes sworne and examined deposeth
and saith as followeth viz:t.

To the first Article of the sayd allon This deponent saith and deposeth that
in the monthes of June July August and September last past and
before and since hee this deponent was and ought to be the true
and law full Owner of the sayd shipp the ffortune the tackle and
furniture, and was in the sayd tyme master and Commander of
her, and saith he bought the sayd shipp for ready moneyes about
a yeare agoe att Hamburgh. And otherwise he cannot depose.

To the second article of the sayd allon This deponent saith and deposeth that
in or about the month of August 1653 last past the sayd shipp y:er ffortune
was and remayned att or neere the Island of Palma, and during her
abode there the arlate Joseph Markes, John Baptista Mogarita
and Company all Spanish merchants and subiects of the King of
Spayne//

P1110119
f. 35 recto

//Spaine did Lade and putt on board the sayd shipp three thousand and
seven hundred hides or thereabouts, one large barr of sylver the certayne
value whereof he knoweth not, and a good quantity of moneyes in peices
of 8/8 but how much in certaine he knoweth not, four barrells of Spanish
Tabacco, a great quantity of dry ginger loose and about four barrells and
one ?Potaco more of ?Varinaes Tobacco, and forty ?Ratacos more of
varinases tabaccoes, thirteen pipes of sugar or thereabouts, eighteene
baggs of ginger, a great quantity of Brazil and ?Campocha wood
all for the proper use and Accompt of the sayd Joseph Markes John
Baptista Mograita and other merchants of Spayne subiects of the King
of Spaine to be transported in the sayd shipp to Dunquerke for their use
And saith the sayd merchants att the tyme of lading the sayd goods
were and are owners and proprieto:rs of the sayd goods, the p:rmisses he
knoweth being master of the sayd shipp and receyved the sayd goods aboard
and signed bills of Lading for the same to and for the Accompt aforesayd
And otherwise he cannot depose saving that he saith al or most of the
sayd sugar and ginger is lost and spoyled, and that there were laden
aboard the sayd shipp for the Accompt aforesd severall barrells of Totle shells
and saving that one thousand two hundred and ten of the forementioned hides
were laden for the Accompt of P?etio Sararma a merchant of Sevile:

To the third he saith that in the sd yeare and moneth of August last past the
sayd shipp the ffortune having all and singular the sylver moneyes and goods
aforesayd aboard her sett sayle therewith towards Dunkirke whither she
was bound and in her Course thither upon or about the first day of September
last past the sayd shipp neere unto a place called Ramhead upon the
Coast of Cornwall mett with and exceeding great Storme and tempest
and in the same was cast away. And saith that this deponent and
y:e Mariners of her Company were saved and came safe on shoare upon
the Coast of Cornwall, or neere thereabouts. And otherwise cannot
depose, saving that the merch:ts passengers were alll likewise saved two only excepted.

To the fourth arle of the sayd allon This deponent saith that upon the Casting
away of the sayd shipp the ffortune and her lading aforesd a great
pt of the sayd lading of hides Tobacco wood money and pla?te came
safe on shoare and was saved and p:rserved, and not left, and was
and is now in the power and possession of the vice Admiralls deputy
of Devon and Cornwall or other officer of the sayd Vice admirall.
And saith he hath seene severall of the sayd hides and Tobacco in
the possession of Stephen Trovill the vice Admiralls deputy aforesd
and knoweth they are the same which were laden aboard, and cast
away in the sayd shipp as aforesd. And otherwise cannot depose.

To the fifth arle of the sayd allon this deponent saith that he this deponent
was and is a fflandrian borne and a suniect of the King of Spayne.
And the sayd Joseph Markes and John Baptista Mogaritta and the
sayd Pedro Soramo and Company the Owners of the sayd goods money
and plate were and are all Spaniards borne and subiects of the King
of Spaine and for and ?such Commonly Accompted, reputed & taken and
otherwise cannot depose
To//

P1110120
f. 35 verso

//To the Crosse Interries.

To the 1 he saith he was master and Owner of the sayd shipp the ffortune
and was in her and continued in her all the voyage to the tyme that she
was cast away. And saith the sayd shipp was not first sett out or began
the voyage from Amsterdam, Middleburg or any other port within the
Jurisdiction of the States of the united province. And saith the sayd
shipp was not to have returned to any of the sayd ports XXXXXX have
ordered her voyage, but att Dunkirke as he hath before declared. And
saith the sayd shipp began her outward voyage from Dunkirke and
this Rendent was master of her all the sayd voyage.

To the 2 he saith the sayd shipp begann her outward voyage about
the month of May last past and saith she was lett out to fraight by
?Other parties to Juan de Valletta a Spanish merchant of Dunkirke in her
sayd outward voyage, and her lading was linnens and ?peice goods of
fflanders the greatest part for the Accompt of this Rendent and part for the
Accompt of the sayd Juan de Valetta and Company, and saith the
sayd goods were sold in the Isle of Palma by the sayd Juan de Vallettas brother XXXXX do Valletta
who hath a good share in the goods now in question; and by this
deponent who had the proceed thereof in Sugars aboard the sayd
shipp ffortune which sugars are spoyled and lost; and twenty three
pataioes of Tobacco some whereof are p:rserved. And otherwise cannot
depose.

To the 3:d he saith that the sayd Joseph Markes was himselfe in the
Isle of Palma as also John Sallazar Pedro Saramo Diego da
Paletta, Antonio Regl?os Don Juan da Monteverte whio are the
principall Owners of the goods now in question, and the sayd
psons did lade the sayd goods by themselves, and most of them
by report brought XXX pXXXX from the Indies, and this Rendent
saith the sayd goods in their possession before the lading thereof
in the sayd Isle of Palma, for which reasons and for that they
did lade upon the same for the Accompt aforesayd he verily beleiveth
that the sayd Spanish merchants were and are proprieto:rs of the goods
aforesd: And otherwise cannot depose.

To the 4. he saith there were bills of Lading aboard the sayd shipp for
the merchants goods, and some papers relating to the same, but
whether any of them be XX and sayed or noe, or where aby of
them be he knoweth not.

To the .5. he saith he doth not know or is convinced or beleiveth in his
conscience that the goods now Claymed in the name of the sayd Joseph
Markes and others or any pt thereof doth belong to any dutchman or
dutchmen subiects of the States of the united provinces or to any
ffrenchman or ffrenchmen subiects of the ffrench King. And
otherwise cannot depose

?SAM DELAPLACE [His signature]

FELIPE DUNKER: [His signature]
&c XXXXXXXXXX

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

Case: Joseph Markes and John Baptista Margarita et al, merchants of Spayne, concerning the ship the ffortune: Deposition: 2. Juan Gomez Brit?e, of the Isle of Palma, Merchant, aged 40: Date: October 8th 1653

The same day. Examined upon the sayd allon

2. JUAN GOMEZ BRIT?E of the Isle of Palma merchant
aged forty yeares or thereabouts a witnes sworne and
examined deposeth and saith as followeth. viz:t.
To//

P1110121
f. 36 recto

//To the first arle of the sayd allon This deponent saith that in the monthes
of August and September 1653 last past the arlate Phillip Dunker
was master or Captaine of the sayd shipp the ffortune, and was accounted
the Owner thereof and of her tackle and furniture, which this depo:t
knoweth comeing as a passenger aboard the sayd shipp. And otherwise
cannot depose.

To the second arle of the sayd allon This deponent saith that in the moneth
of August last past the arlate Joseph Markes and John Baptista
Magheritta (sic) and others all Spanish merchants & subiects of y:e King of Spaine did for their
owne Accompt lade aboard the sayd shipp the ffortune then lyeing att
or neere Palma arlate three thousand hides or thereabouts, one
barr of sylver of the weight of eight hundred peices of 8/8 or
thereabouts, and about one thousand peices of eight in moneyes
about seven oreight barrells of Tobacco, and about fifty Potaccoes
all Spanish Tobacco, and about 2 barrells of Tortle shells three Church Bells and some wood for dying and allso
severall good quantityes of Ginger and sugars, most of which sugars
and ginger were lost in the shipwreck, to be transported to Dunkirke
and there to be delivered to the sayd merchants or their Agents for
their use and Accompt. And saith att the tyme of Lading the sayd
goods sylver and moneyes the aforesd merchants that did lade the
same were the true and lawfull owners thereof, and still are of
the sayd sylver and moneyes and somuch of the sayd goods as is not
destroyed by the sayd shipwrack, the p:rmisses this deponent knoweth
being p:rsent att the Lading of all the sayd goods sylver and moneyes
and knoweth that the sayd Spanish merchants were in the quiet and
peaceable possession of the same as and for their owne goods before
the lading thereof, and knoweth that they did lade the same for
their owne Accompt to be transported as aforesd. And otherwise cannot [depose]

To the third arle of the sayd allon this deponent saith that the sayd shipp
being laden as aforesayd in the month of August last past sett sayle
from the Isle of Palma and in her course towards Ostend were about
a league from Plymouth mett with a violent tempest about the
sixth day of September last past and in the same was cast away
and the master of her and all her cCompany and passengers aboard
three psons onely excepted were saved and came safe to shoare about
a league from Plymouth the place otherwise he knoweth not And
saith he knoweth the p:rmisses being a passenger aboard the sayd shipp
the voyage in question and aboard her when the sayd wrack hapned. And
otherwise he cannot depose.

To the fourth article of the sayd allon This deponent saith that many
of the sayd goods and merchandizes and pticularly a great number
of the sayd hides and a good quantity of the sayd Tobaccos of the
sight of this deponent came to shoare and were p:rserved; And he
saith he hath heard M:r Trevill deputy of the Vice Admiralty there say
that himself had some of the sayd goods in his possession, And heard
likewise some of the English that came to the Strand upon the sayd
wrack say that they had found some baggs of peices of 8/8. And otherwise
cannot depose, saveing he hath heard two of the sayd bells came safe to shoare,//

P1110122
f. 36 verso

//And saith the sayd goods so brought to shoare into the possession of the
sayd Vice Admiralls officers and ministers were and are the very same
goods Laden as aforesd att Palma for the Accompt of the aforesd
merchants Spaniards, and not diverse and hath heard that severall
quantityes of the sayd moneyes were taken up by the people a shoare, and that the
aforesd bells came safe to shoare. And otherwise cannot depose.

To the fifth arle of the sayd allon this deponent saith that the sayd Phillip
Dunker is a fflandrian borne an Inhabitant of Antweroe and subiect
of the Kinge of Spaine and so accounted, And the sayd Joseph Marjes
John Baptista Magheritta and others the owners of the aforesayd goods
moneyes sylver and lading are all of them Spaniards and subiects
of the King of Spaine and so accounted, the aforesayd Dunker
excepted who is a fflandrian as a foresayd and had a good advanture
aboard the sayd shipp in sugars, all or most whereof is lost, and
some few ?Polacoes of Tobacco which are p:rserved as he beleiveth.
And further he cannot depose.

To y:e Crosse Interries

To the first he saith he was a passenger aboard the sayd shipp and
was in her and continued in her all the voyage to the tyme that she was
cast away. And saith the sayd shipp as hee hath heard began her voyage
from Dunkirke, and he knoweth she was to have returned thither and
there have ende her voyage. And otherwise negatively.

To the 2:d he saith he cannot depose.

To the 3:d he saith he hath allready specified the merchants owners of the
sayd goods sylver and moneys, and saith he saw them all in the Isle
of Palma att the tyme of lading the sayd money sylver and goods
And saith he knoweth that the aforesayd goods sylver and moneyes
were and are the goods of the sayd Spaniards and suniects of the King
of Spaine, for that the syd sylver moneyes hides Tobaccoos ginger and Tortle shells
were by the sayd merchants bought in the Indies where none but Spaniards
doe usually trade, and this REndent himselfe bought and procured pt
of them of severall Inhabitants of the sayd Indies , and knoweth
that the rest were there likewise bought and procured for the sayd
Accompt with the proceed of merchandises carryed thither by this
Rendent and others, And the same all came from the Indies to Palma
and a great pt of them in the same shipp with the REndant and
whereof himselfe had the goverm:t and the aforesd Spanish merchants
came along from the Indies to Palma with their sayd goods and did
many of them come along with the same from Palma, and two of the?m
were cast away with the sayd shipp. And otherwise cannot depose saving
y:t the said bells belong to a Church in Palma, and were to be ?new XX and founded in fflanders:

To the fourth he saith there were aboard the sayd shipp att the tyme
she was cast away severall bills of lading for the sayd merchants
goods, some whereof came into the hands of the sayd M:r Travill.

To the fifth he saith the sayd goods money as sylver he knoweth doe
really belong to the subiects of the King of Spaine, as he hath
above declared, and otherwise negatively.

XXXOAN XXXX [RH side: His signature]

SAM DELAPLACE [LH side: His signature]//

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//

P1110126
f. 86 verso

Poor quality digital image

//To the 6:th and 7;:th arles of the said Allon and schedules therein mencconed XXX
XX annexed XXXX saith and deposeth, that XX this depont hath credibly XX
been informed and sincerely beleeveth, the sayd John ffransen XXX XXXX or
about the ?time of the lading of the small quantities of goods predeisposed, XXXX
andXXXx to three bills of Lading all of one teno:r, for y:e said goods, and XXXXX
the said M:r hath sewall XXXX affirmed to this depon:t And aboard the said XXX
at the time XX was XXXXX and taken by the XXXX ffrigot, and XXX
to the hands of the seiz:ors another being XX XXXX XXXXX to this producents as
?Hambrough this depon:t, as aforessaid, ?reserved XXXXX them XXX the same hee
hath since sent annexted to a Comission from XX XXXX expressly XXX
to S:t Lucas in Spaine for the examination of witnesses
concerning the truth of the matter in question, which said bill of ?lading
this depon:t for the reasons p:rmised us XXXX assured XX ?bee a XXX XXX XXX
bill of lading, and no way fictitious or colourable. And otherwise ?referring
himselfe to his foregoing deponn hee cannot depose; saving hee beleiveth XX
XXXX originall bill of lading according to the usuall custome is remaining
in the hands of ?this said factor:r

To the 8:th hee saith hee hath credibly heard and dirmely beleeveth, That y:e
said shipp with her lading predeposed on board her being in her direct
Course for Amsterdam were mett ?withall surprized and taken by the sd
shipp the ?Speaker ffrigatt and Captaine and Companie XXXXXX XXXXX
they were brought into Dover in England. And otherwise cannot depose.

To the 9:th hee saith, That in the yeare 1652. and moneths therein
respectovely ?occuring, and for X yeares before and till this ?p:rsent
the ?arlate John ?SrXether and XXXXX XXXXX were and are the
ffacto:rs agents and correspondents of the said producents, and for such
commonly reputed and taken, Which hee knoweth having for the ?like ?time
been booke keep and facto:r to the said producents, and thereby well
acquainted with the p:rmisses. And otherwise cannot depose, saving that by XXX
XXXXX bookes of accompts thXXX dep:t XXXX y:t they have for severall yeares before XXX XXX XXX

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
Subject of that free State untill his death, and for such commonly reputed
and taken, and that for ?sewall yeares before his death hee was a XXXXXXXXXX
well knowne to ?drive a great trade in Spaine, which trade is since his death
continued by the said producents of the depon:ts certaine knowledge, and y:e
said John Langerman ThomasLangerman and Hans?e Langerman
XXX ?and are the naturall and lawfull Children of y:e said Hans Langerman
deceased, andfor such well knowne and generally accompted at Hamborough
aforesaid, and XXX heires to the said deceased, And saith that the said
producents were are and ought to bee the true and lawfull Own:rs of
the XX and othergoods 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 ?Katherine LXXXXXmans the ?Relict of
the said Hans Lemmerman deceased, and the said John Lemmerman
Thomas Lemmerman and Hans Lemmerman ?were and are all of XXX
?generally//

P1110127 f. 87 recto

//generally knowne and reputed for Natives of Hamborough, and Subiects of
that State where they have held their constanta nd continuall residence till
this p:rsent, Which hee knoweth being also a native of Hamborough and
Agent to the said produc:ts And otherwise cannot depose:

To the 12:th hee saith his foregoing depon is true.

To the Crosse Interries:

To the first negatively:

To the second hee saith hee well knoweth the pties interrate, and saith that for
10. yeares last past of this deponts knowledge they have all of them lived in the
XXXX in Hamborough: And otherwise saving his foregoing depon hee saith hee
cannot depose:

To the 3. hee saith hee hath by correspondency and psonally knowne the interrate
Abraham ?Vergensis for about 5 yeares last past, who is a High German and a
married man, and hath lived in Dansicke for all that time, and many yeares before, as
this depo:t hath credibly heard, and the interrate John Srrother hee hath knowne by
correspondency for about 5. yeares who is a Hamburgh:r bourne and so commonly accompted
and is a Batchelo:r:

To the 4:th hee referreth himselfe to his foregoing depons, And otherwise cannot
depose not being present at the buying of the goods interrate: saving that pt of
the goods sent from Hamborough as is p:rdeposed, were sent by ?Heyn ?Sroebach
and Henry Srrother and other Hamborough shippers.:

To the 5:th hee saith the said John Srrother is facto:r to the said producents but not
they to him. And otherwise not being in the Voyage in question hee cannot depose.

To the 6:th negatively.:

To the 7:th hee saith by vertue of his oath, that for the reasons by him p:rdeposed
this depon:t is fully convinced in Conscience that the bill of lading by him p:rdeposed
is reall and true, and so made and done as therein is expressed, wherein hee is
the more confirmed for that this depon:t after hee had received y:e said Bill of Lading
from Hamborough as aforesaid, shewed at ?Medenbburk in y:e yeare 1653 unto y:e said John ffransen ?Saon who
declared unto this depon:t that upon solemn oath hee was ready to attest the trueth of
y:e said bill of Lading, and for that this depon:t by meanes of Correspondency is very
well acquainted with the usuall handwriting of the said John Srrother, wherew:th
the said bill of Lading was and is filled up. And otherwise cannot depose:

To the 8:th hee referreth himselfe to his foregoing depon. And otherwise cannot
depose:

To the 9:th hee cannot otherwise depose than as is by him predeposed

To the 10:th negatively.

To the 11:th hee saith hee hath seene and pused the Copie of the letter in y:e said
producents Custodie, wherein they had ordered him to lade wine and olives, for
theri accompt in liew of the goods by them sent to him as is predeposed.:

To the 12:th hee saith hee this depon:t is a Hamburgh:r by birth and habitaccon
when hee is there, And otherwise negatively.

To the 13. negatively.

To the 14. hee referreth himselfe to his foregoeing depon to the 1. 2. and 3. arles
of the said Allon:

To the 15. and 16:th hee referreth himselfe to his foregoeing depon:

To the 17: hee saith, that there is insurance made of 600:li flemmish by ?Peter
DXXck of 600:li fflemish by frans Sluyer, of 600:li flemmish by Jurian Srathering, and
of 800:li flemmish by Lodowick ?fraulus all merchants and subiects of Hamburgh, and
none of them Subiects of the King of States interrate. And otherwise cannot depose//

P1110128 f. 87 verso

//To the 18:th hee referreth himselfe to his foregoeing depon

To the 19:th hee saith that hee this depon deceived the bill of lading by
him predeposed from the producents by a ordinary packett or poast, And
otherwise saving his foregoing depon hee cannot depose:

To the 20:th hee saith hee well knoweth the interraze Bernardo Pas (OR, Ras)
and Companie, whoa re all of them Native of High Germanie, and
live in Amsterdam, but have no share part or interest in the goods
predeposed, but were onely to have disposed of the same for the said
producents accompt, on Case they had arrived at Amsterdam, and that
upon provision usually given in ffacto:s in such Cases:

To the 21:th hee saith hee knoweth the interrate Joachim Verpoorten rend:t
at Amsterdam. And otherwise saving his foregoing depon hee saith
hee cannot depose:

To the 22:th hee saith, that the interrate John Srrother dooth trade in
?Merchandices for his owne accompt, And otherwise cannot depose:

To the 23:th hee saith hee dooth not know neither hath hee over heard
amongst Merchants, That when Two States or Nations are at Warr
one with another, (especially the said warr not being declared and made
knowne by publique XXX,) All or andWines whatsoever consigned or,
sent by free persons to any port of either of the said
states or nations there to be discharged for y:e accompt of such free psons are or ever were accompted
Contrabanda goods; or justly considerable by any that seize them: And
otherwise canot depose

Repeated before S:r Clarke and
D:r Godolphin:

JACOBI WIGANDI Vansamborgse

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

Case: Searle ag:t Phillips: Deposition: 4. Captaine Simon Baily, of Ratcliffe, Middlesex, Mariner, aged 33: Date: November 15th 1653

Searle ag:t Phillips)
?exd B. ?sus

The 15:th. day of November 1653

Examined upon y:e. said Libell given on the
behalfe of the said Searle.

4. CAPTAINE SIMON BAILY of Ratcliffe in
the County of Midds marriner aged 33.

To the first second and third arles of the said Libell hee saith
that touching the ?contracts thereof hee referreth
himselfe to y:e Orders of the right hono:ble XX Counc?ill of
State and to y:e Registry of this Court touching the Letters
of Marque and Repriz?uall arlate. And otherwise cannot depose.

To the 4.:th. and 5:th. arles of the said Libell hee saith and deposeth
that when the tyme ?lilate and after such tyme ?his the Letters of
Repriz?uall arlate were issued forth under y:e great Seale of this ?CommXXX
the producent George Searle y:e Elder with his Sonne John Searle
and y:e arlate Captaine Isaac Phillipps w:th other psons concerned
in y:e matter now controverted did in this deponents presence and
heareing agree conclude and resolve together to
Man Equippe. and sett fourth the Shippe the Constant arlate
upon//

P1110129 f. 89 recto

High quality digital image

//To the 7:th. hee saith that the interted W:m ?Harlye was as hee
beleiveth the Sonne in Lawe of the producent Geo:r Searle
the Elder & was put into y:e Command of the sayd Ship by the
XaXXXX consent as hee conceaveth & beleeveth. of all pties interessed
in the said ship. & ?her designe. And further cannot depose.

To the 8:th. hee saith that hee was M:r of & abord this said ship the
Constant when hee tooke all y:e said prizes All or most of w:ch hee
saith were brought into y:e harbour at Portsmouth. And other
wise cannot depose.

To the 9:th hee referreth himselfe to his foregoing Depon And
to y:e Registry of this Court And otherwise cannot more pticlerly
depose

To the 10:th hee saith that hee this Examinate tooke an Exact &
pticular acco:t of each pcell of goods taken & brought inn by the said
Ship the Constant in w:ch ship taken by ?her by the Invoyces
& other papers w:ch hee found On board touching y:e same & by
XXX confessions & declaracons of the respective Masters of ?such
vessells.. And otherwise saveing his foregoing depon hee saith
hee cannot depose.

To the 11:th hee saith that hee hath not yet receaved his dues for
his share of prizes taken by the said ship but hath sold the same
w:th others of the said ships comp:a to M:r Henry Stephens before his
decease. & hath not yet receaved y:e Som for w:ch hee soe sold the
Same but expects it of & from y:e Ad:rs of him the said Stephens.
And saith hee for his pt had not any money or
Jewells or other ?plunder out of any ship XXX dureing y:e said Voyages. Save only x:li w:ch
hee receaved of Capt Phillips for one Anchor & Cables w:ch was on bord
the XXXXXX & w:ch by Agreem:t & consent did belong to this dep:t. And
otherwise cannot depose.

To the 12:th hee answereth negatively to every pt thereof.

To the 13:th hee referreth himselfe to his foregoeing depon And
otherwise cannot depose.

SIMON BAYLY [His signature]

Repeated before Dr Clarke D:r Godolphin.

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

Case: Clayme of Domingo Centurione for wools in the Morning Starr: Deposition: 3. Michael van Lubkin, of Hamborough, Mariner, Master of the Morning Starr, aged 31 Date: November 22nd 1653

The 22:th day of Novemb:r: 1663:-

The Clayme of Domingo Centurione for woolls)
In the shipp the Morning Starr. Budd. ffrancklyn)

Examined upon y:e said Allon-

3.:us MICHAEL VAN LUBKIN of Hamborough
Marin:r Master of the said shipp the Morning
Starre aged 31. yeares of thereabouts a Wittnes
sworne and examined:-

To the first and second arles of the said Allon hee saith and
deposeth//

P1110130 f. 89 verso

Readable digital image

//Deposeth, That in the moneth of January 1653 new style, the XXX
Dominigo Centurione (who is commonly accompted and reputed an
?Assistenta and one of the Council of the King of Spain, and the
principall facto:r or Agent XXX John de ?Windt a Merchant of
Cadiz in Spaine and Correspondent to the said Centurione caused ?to
be laden and brought aboard the shipp the Morning Starr (whereof
this depon:t was and is Master) then lying at Cadiz one hundred thirty and eight ?baggs
of Spanish wooll marked with the marke in the margent [LH MARGIN: + S M C] for y:e
accompt of the ffactories of his Catholique Ma:ty of Spaine, to bee
transported from thence to Dunqerke and there to be delivered
to the facto:r of Jaques Suarez Citizen of Antwerp for the
accompt aforesaid, Which this depon:t knoweth being Master of
and aboard his said shipp at the time that the said baggs of wool?l
were received on board y:e same, and haveing before the lading thereby
contracted and agreed with the said John de ?Windt at Cadiz for y:e XX
freight of y:e said woolls, and after the reception thereof this dep:t
signed three bills of lading of one teno:r and caused the same to be entred into his books.
the receipt of the same, and to whome they were consigned as aforesaid
And otherwise saving his subsequent depons hee saith hee cannot depose

To the third fourth and fifth arles and to the schedule or bill of
lading mentioned in the said 4:th arle hee saith and deposeth, That
shortly after the Lading of the said woolls for y:e accompt
aforesaid this depon:t in the house of the said John de Windt of
Cadiz signed three bills of Lading all of one teno:r and date w:th
this depon:ts owne handwriting, one of which bills of Lading was taken
aboard this depo:ts said shipp at the time of her being seized by the
English. and now is remaining in the Registry of this Court, And
saith That the said bill being now showne unto him was and is
one of the originall bills of Lading so signed and firmed by this depo:t
for the aforesaid woolls and that the Contents thereof were and are ?true
and so had and done as therein is expressed, And saith hee beleiveth
the said bill of Lading now showne unto him to be the bill of Ladeing XX
taken as aforesaid, And saith that the said woolls were truely and really
Laden aboard his said shipp for the service and supply of the accompt
of his Catholique Mat:ties in ffland:rs and so much the said John de
Windt both before and sewall tymes after the lading of the said woolls told and
acquainted this depon:t. All which hee deposeth of certaine knowledge
And otherwise cannot depose:-
To the 6:th//

P1110131 f. 90 recto

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//To the 6:th arle hee saith, That after the Lading and receiving of the s:d
138. baggs of wooll aboard this depo:ts said shipp for the accompt p:rdeposed
the said shipp sett saile therewith from Cadiz towards Dunquerke
and in her Course thitherwards was mett withall surprized and taken
by certaine. shipps of this Commonwealth and that the said woolls at the said
time of seizure were all on board the said shipp the Morning Starr
and came to the hands and possession of the Office:rs of this Commonwealth
Which hee knoweth for y:e reasons predeposed. And otherwise cannot
depose: :-

To the 7:th hee saith, That in the moneth of January 1653. new style, and
for about 14. yeares before this depon:t hath well knowne the arlate John
de Windt, who is a Merchant and Burgher of Cadiz, and is
married there, and saith That by the credible relation of the said
John de Windt and others at Cadiz this depon:t: hath understood y:t
the arlate Domingo Centurione^[1] at the time of the Lading of the said
woolls was a Spaniard liveing at Madrid, and Councello:r to his Catholique
Ma:tie and his Principall ffacto:r or Agent for the sending of goods
wares and merchandizes from Spaine into ffland:rs for the supply of
his said Ma:ties occasions there, And saith both the psons arlate were
and are commonly accompted Subiects to the said King of Spaine.
And further cannot depose:-

To the last hee saith his foregoing depon was and is true.

To the Crosse Interries:-

To the first hee saith hee was master of and aboard the said shipp y:e
Morning Starr at the time of her said seizure, and had in that
quality belonged to the same for about five yeares last past, And came
first aboard her at Hamborough:-

To the second hee referreth himselfe to his forefoing depon

To the third hee saith, That for the reasons aforesaid hee knoweth that y:e
said John de Windt is ffacto:r to the said Domingo Centurione, and that
by his order the said woolls were sent aboard the said shipp by ?Barquiners
w:th direction under the said de Windts hand for the reception of the
same aboard for the accompt predeposed. And further cannot depose.

To the fourth hee saith, That the said John de Windt hath lived in the
street by the Port of Sevill in Cadiz (sic) for all y:e time interrate
And is accompted a fflandrian Bourne, and the said Centurione a Spaniard
And otherwise cannot depose:-

To the 5.:th hee saith hee referreth himselfe to his foregoing depon, and to y:e
bills//

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P1110133

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Case: XXMartyn ?Nokote Matheas ?SwellinXXXXX and Company, Owners of the ffaith of ?Stettyn: Deposition: Thomas Adams, of Dartmouth, Devon, Gent, aged 42 Date: November 22nd 1653

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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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//generally knowne and reputed for Natives of Hamborough and subjects of
that State, where they have held their constant and continuall residence till
this p:rsent, Which hee knoweth being also a Native of Hamborough and
Agent to the said produc:ts And otherwise cannot depose:

To the 12:th hee saith his foregoeing depon is true.:-

To the Crosse Interries:-

To the first negatively:-

To the second hee saith hee well knoweth the pties interrate, and saith that for
10. yeares last past of this deponts knowledge they have all of them lived in the
XXim in Hamborough; And otherwise saving his foregoing depon hee saith hee
cannot depose:-

To the 3. hee saith hee hath by correspondency and psonally knowne the interrate
Abraham ?Vergensis for about 5 yeares last past, who is a High German and a
married man, and hath lived in Dantsicke for all that time, and many yeares before, as
this depo:t hath credibly heard, and the interrate John Scrother hee hath knowne by
correspondency for about 5. yeares, who is a Hamburgh:r borne and so commonly accompted
and is a Batchelo:r:-

To the 4:th hee referreth himselfe to his fregoing depons, And otherwise cannot
depose not being present at the buying of the goods interrate; saving that pt of
the goods sent from Hamborough as is p:rdeposed, were sent by ?Heyn ?Sreebach,
and Henry Scrother and other Hamborough shippers.:-

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Case: Clayme of Colonell Thomas Pride et al for beef and pork put aboard the Sea fflower: Deposition: John Snowe, of Bristoll, Somerset, Agent for the Victuallers of the Navie of the Commonwealth, aged 35: Date: October 26th 1653

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//The 26:th of October 1653.

Examined upon an allegaccon on the behalfe of the sayd
Claymers

The clayme of Colonell Thomas Pride & the rest)
of the victuallers of the Navie of this Commonwealth)
for beefe & porke put aboard the Sea fflower)
whereof Thomas Harris was M:r Clements)
Budd)

1. JOHN SNOWE of Bristoll in the County of
Somerset Agent for the Victualers of the Navie of this Common
Wealth aged 35 years or thereabouts a witness
sworne and examined saith and deposeth as followeth
viz:t

To the first second and third Articles of the sayd allegation hee saith &
deposeth that hee this depo:t hath bin imployed by the arclate Colonell Thomas Proud
& others the victuallers of the Navie of this Commonwealth, to furnish the sayd
Navie with provisions of victualls as their Agent under them for these two yeares last & uowards and did by
their order and appointment provide himselfe lade, and cause his this deponents ?source
to lade on board the Sea fflower arlate whereof the
arlate Thomas Harris was Master, (and alsoe reputed sole Owner)
certayne hogsheads and barrells conteyning in them eleven thousand eight
hundred and twenty, fower pounds peeces of beefe, and eleven thousand
eight hundred & three, two pound peeces of porke, and caused the same
soe to be laded & put on board the sayd shipp about the first day of
may 1653 to be transported from Bristoll arlate to Portsmouth
arlate for the use of this Commonwealth to victuall their Navie there
therewith, and the sayd shipp departed therewith about the Month of
May aforesayd with intente to transporte the same to Portsmouth
aforesayd, the p:rmisses hee the better knoweth for that hee this deponent
bought all the sayd beefe & porke, & sawe the same loaded on board
the sayd shipp at the publique key of Bristoll aforesayd, And saith that
as hee this deponent hath bin certified by letters from the sayd Thomas Harris
the Master of the sayd shipp & alsoe by letters from one m:r Manley an
agent alsoe to the sayd Colonell Pride & the other Victualers of the Navie
aforesayd living at Plymouth (which letters hee beleeveth to be true) the sayd
shipp the Sea fflower was in her Course towards Portsmouth mett with
and seized by a dutchman of Warr with the said victuals on board her & by her carried to S:t Malloo in
ffrance, and ?coming forth to Sea againe from thence with the sayd
Beefe & Porke in her the
sayd shipp the Sea fflower with her sayd victualls or a great part thereof
on board her was retaken by the Saphir ffrigatt arlate & by her
brought into Plymouth arlate where as this deponent beleeveth she
still remayneth and the beefe & porke in her which was taken therewith XXXXXXXXXXXXXXXXXXXXXXX
And further to these articles hee cannot depose.//

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//To the 4:th article of the sayd allegacon hee saith that
for the reasons before expressed vizt for that hee was Agent to the victualers
aforesayd and in their behalfe did buy & provide all the Beefe & Porke aforesayd
hee well knoweth that the same cost, and was worth at the tyme of thee
ladeing thereof on board the sayd shipp the sea fflowers nyne hundred pounds
tenn shillings of lawfull English money, and beleiveth the same was worth
as many at the tyme of the seizure arlate & alsoe when it was retaken
& further cannot depose

To the 5:th hee sayth the arlate Colonell Pride & the post of the Victualers
arlate are English men & subiects of this Comonwealth & soe Accompted
And further hee cannot depose

To the last hee saith that his foregoeing deposition is true

To the Crosse Interries.

To the first Interrogatorie hee saith that hee was not in the Shipp the Sea fflower
when shee went from Bristoll but was on shoare and ?see her sett sayle from
thence & further to his Interr hee cannot depose (saving his foregoeing
deposicon to which hee referreth) for that hee was not p:rsent at either of the seizures
made of her, but had only recvd advise thereof as aforesayd by letters.

To the second Interr hee saith that hee this deponent (by name John Snowe) bought
the sayd beefe & porke & laded the same as a foresayd by the order of the sayd Colonell
Thomas Pride & the rest of the victualers of the Navie of this Commonwealth and at
their proper cost & charge & they the sayd victualers were really to have borne the
losse thereof if it had not bin retaken And saith they did not take it nor were
to take it at a ?prize in case it came safe to Portsmouth Interrogate.

To the third hee saith hee hath not seene the beefe & porke now claymed since first
hee this deponent caused it to be laden on board at Bristoll but beleevth that
it is the same which was laden upon the Accompt of the victualers & Navy Interr
And further cannot depose

To the last Interr hee saith hee cannot depose.

JOHN: SNOWE [His signature]

Repeated before D:r Clarke & D:r
Godolphin.

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

Case: XXX: Deposition: John Thurmwood, of Redriff, Surrey, Masters Mate of the Endeavour, aged 46: Date: November 7th 1653

The seventh of November 1654

Exaed on the allegaccon on behalfe of the sayd William XXXX

A business of clearing and dischargeing William ?Jope)
and the Shipp named the Endeavour (whereof the sayd)
William Jope is Master) from the matters conteyned in)
a pretended protest made against him by Daniell)
ffairvacks (sic) ffraighter of the sayd shipp, and of ?recovering)
of the moneys due for the service of the sayd Shipp since
the 20:th day of July last of this p:rsent yeare 1653)
XXXded by the says William ?Jope against the sayd
Daniell ffayrefaxe (sic) Budd Smith)

JOHN THURMWOOD of Redriff in the
County of Surrey Mariner Masters Mate
of the sayd shipp the Endeavour aged 46
yeares or thereabouts a witnes sworne and
examined saith & deposeth and followeth
Viz:t.

To the first second & 4:th articles of the sayd allegation hee saith and//

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Case: XXX: Deposition: Lorenzo Michael, of Sevill, Spayne, Corporall of the Harry Bonadventure, aged 30: Date: September 20:th 1653

The 20:th day of September 1653

A Busines of Examinaccon of Witnesses)
for the perpetuall Remembrance of the
matter on behalfe of the Keeper of)
the Liberty of England by authority of)
Parliament concerning the losse of a)
Certaine shipp named the Harry
Bonadventure whereof Robert Swanley)
was Captaine and the goods that were)
in her and concerning a certaine shipp)
or vessell named the S:t Peter where of)
one Claes Symondson CoXXXX was master)
being a shipp formerly belonging to)
the Dutch subiects of the States of the)
united Provinces and taken and seized by)
Captaine Swanly in the sayd shipp the Harry)
Bonadventure in the immediate service of)
this Commonwealth Bud)

Examined upon an Allegaccon on the
behalfe of the sayd Keeper of the
Liberty of England by Authorty
of Parliament.

LORENZO MICHAEL of Sevill in
Spayne Corporall of the sayd shipp
the Harry Bonadventure aged thirty
yeares or thereabouts a witnes sworne
and examined deposeth and saith as
followeth. vizt.

To the first Article of the sayd Allon This deponent saith and deposeth that
in the monethes of January ffebruary & March 1652. and in March Aprill May June and July of this p:rsent yeare 1653. the arlate shipp
the Harry Bonadventure was imployed and sett to sea in the immediate
service of the Commonwealth upon a warlike voyage under the Command
of the arlate Captaine Robert Swanley with a lawfull Commission to
surprize and take all ffrench shipps; and all Dutch shipps belonging
to any Port or place of the United Provinces, and all other shipps
whatsoever belonging to the knowne enemies of this Commonwealth and
the sayd shipp did proceed upon the sayd designe and expediccon accordingly
The p:rmisses this deponent knoweth to be true for that he served in the
sayd shipp during all the tyme aforesayd as Corporall of the Souldiers
on board her, and saw the Commission aforessaid on board, which sayd
Commission the sayd Captaine Swanly did of the knowledge of this deponent
execute on the behalfe of this Commonwealth And otherwise cannot depose

To the second Article of the sayd Allegaccon This deponent saith and deposeth
that in the monthes of May or June last past the tyme otherwise he remembreth
not, The sayd shipp the Harry Bonadventure by Order from M:r Longland
Agent att Leghorne for this Commonwealth of England sett sayle from
Messina towards Tunis, and in her Course thithe, haveing neere Cape
?Spertovento mett with two dutch shippes who assaulted the Harry Bonadventure
and made shott against her, The sayd Captaine Robert Swanley and Company
in pursuance of their sayd Commission and by vertue of the same fought
with the sayd two dutch shipps with their sayd shipp of warr the Harry
Bonadventure, and after a sharpe dispatch for the space of four houres
or thereabouts after much dammage and hurt to y:e Harry Bonadventure
subdued surprized and tooke the better and stronger of the sayd two dutch
shipps, that is to say the sayd shipp the S:t Peter whereof Clases Symondson
?Cohone was master or Commander, together with all the goods and ladings
that//

↑ See Carlos Álvarez Nogal, El crédito de la monarquía hispánica en el reinado de Felipe IV (XXXX, 1997), pp. 299, 304, 312

[1] See Carlos Álvarez Nogal, El crédito de la monarquía hispánica en el reinado de Felipe IV (XXXX, 1997), pp. 299, 304, 312

[1]

MRP: HCA 13/68 Part One

Contents

Suggested links

To do

Physical description

HCA 13/68: Sample images

HCA 13/68: Sample images: untranscribed

HCA 13/68: Sample images: draft transcriptions available

Sample transcriptions

Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 1. Mark Harrison, of Wapping, Middlesex, Mariner, aged 27: Date: September 22nd 1653

Case: The Keepers of the Liberty of England ag:t the ship the Heart of Skadam: Deposition: 1. William Evarson, of Skadam, Holland, Mariner, aged 44: Date: September 26:th 1653

Case: The Keepers of the Liberty of England ag:t the ship the Heart of Skadam: Deposition: 2. Herrick Williamson, of Skadam, Holland, Mariner, aged 40: Date: September 26:th 1653

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

Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 2. Robert Mill, of Deptford, Kent, Mariner, Captaine of the Advantage Frigot: Date: October 3rd 1653

Case: The Keeper of the Liberty etc. vs. the Golden Starr: Deposition: 3. Thomas Keyes, of Deptford, Kent, Mariner, late Quarter Masters Mate of the Advantage Frigot: Date: October 3rd 1653

Case: The Clayme of the Lord ?Roscea Daniel Halfe Rider and others for the shipp the S:t John: Deposition: 1. Jacob Groat, of Dantzÿck, Poland, ?Mariner and Master of the S:t John, aged 38: Date: October 4th 1653

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

Case: The Keepers of the Liberty of England ag:t ships mentioned in attached schedule: Deposition: John Major, of East Smithfeild, Middlesex, Leiftenant of the Elizabeth frigot, aged 25: Date: October 26th 1653

Case: The clayme of John Bodkin of Gallaway, for money & silver on the S:t Peter: Deposition: Thomas Watson, of Galloway, Ireland, Merchant, aged 25: Date: October 7th 1653

Case: Joseph Markes and John Baptista Margarita et al, merchants of Spayne, concerning the ship the ffortune: Deposition: Philip Duncar, of Antwerpe, Brabant, Mariner, Captaine of the ffortune: Date: October 8th 1653

Case: Joseph Markes and John Baptista Margarita et al, merchants of Spayne, concerning the ship the ffortune: Deposition: 2. Juan Gomez Brit?e, of the Isle of Palma, Merchant, aged 40: Date: October 8th 1653

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

Case: Searle ag:t Phillips: Deposition: 4. Captaine Simon Baily, of Ratcliffe, Middlesex, Mariner, aged 33: Date: November 15th 1653

Case: Clayme of Domingo Centurione for wools in the Morning Starr: Deposition: 3. Michael van Lubkin, of Hamborough, Mariner, Master of the Morning Starr, aged 31 Date: November 22nd 1653

Case: XXMartyn ?Nokote Matheas ?SwellinXXXXX and Company, Owners of the ffaith of ?Stettyn: Deposition: Thomas Adams, of Dartmouth, Devon, Gent, aged 42 Date: November 22nd 1653

Case: Clayme of Colonell Thomas Pride et al for beef and pork put aboard the Sea fflower: Deposition: John Snowe, of Bristoll, Somerset, Agent for the Victuallers of the Navie of the Commonwealth, aged 35: Date: October 26th 1653

Case: XXX: Deposition: John Thurmwood, of Redriff, Surrey, Masters Mate of the Endeavour, aged 46: Date: November 7th 1653

Case: XXX: Deposition: Lorenzo Michael, of Sevill, Spayne, Corporall of the Harry Bonadventure, aged 30: Date: September 20:th 1653

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