MRP: HCA 13/71

HCA 13/71 1656-1657

Editorial history

16/12/11, CSG: Created page
20/05/12, 15.03, CSG: 25 full transcibed pages

To do

Listing of imaged cases

Front Cover

[P1080923]

Image of front cover of HCA 13/71 bound bolume

Case: Keats Jennings and others against ffredericke Chowne and others Examination: 1. George Browne of Limehouse, Middlesex, Mariner, aged sixty years Date: 15th February, 1655/56

[P1080923] [P1080924]

Case: Keats Jennings and others against ffredericke Chowne and others
Date: Allegation made February 1st, 1655/56
Date: 15th February, 1655/56
Examination: 1. George Browne of Limehouse, Middlesex, Mariner, aged sixty years (p. 19r&v)
- Concerns voyage of the ship the Thomas Bonadventure at Cyprus, May 1652, carrying 100 bags of cotton wool and 400 bags of galls

Transcription

GEORGE BROWNE of Limehouse in the County of
Midds Marin:r: aged 60. yeares or thereabouts
a Witness sworne and examined saith as followeth

To the 4:th Arle of the said Allon hee saith That hee this depo:t
having for many yeares been a marin:r and a Master of a shipp frequen-
ting and using the trade of Turkey and pticulalry of Ciprus aclate
well knoweth, That Ciprus cotton woolls are usually and ordinarily
putt in very great baggs, which cannot be stowed without very great
paines and difficulty, more especially when a shipp draweth nere to
her full lading, having already receaved the most considerable
quantity of her cargo, And saith that upon y:e same grounds of
experience hee well knoweth and affirmeth for a trueth well knowne
to Masters and Marin:rs using that tradem, that fortie fower
men aboard a shipp of two of three hundred tunnes or thereabouts
having already received and laden aboard her one hundred baggs of wool
and 400 baggs and upwards of gaulls cannot possibilie bring on board
receive lade and ?steeve above eight baggs or Cyprus woolls aday one day with
another considereing all the troubles accident and incident to such ladeing
as the fetching of the steeving heare and provisions and the wools to
be steeved, fitting and repariing the steeving geare upon all ?emergent
occasions and carrying the same ashoare againe: And further to this
Arle hee saith hee canot depose, for that hee was not at XXXXX
the voyage in Controversie; nor did in fact see or observe any thing of the
steeving aclate

To the 10:th Arle of the said Allegation hee saith and deposeth, THat by
his owne practive and experience as aforesaid, hee well knoweth, That
ordinarily , shipps which have not complicated their Cargaison at Cyprus doe
touch at Zant in their way for London, and these take in Currants
and many times come thither expressely, for their better securitie, in which
cases Zant is commonly accompted th best and nearest way for London,
though in deed, thise considerations excepted, it be something out of the
direct Course. And further hee cannot depose.

On the rest hee is not examined by direction of the producent:-

To the XXXX Interrie

To the first & 2:d Interrogatories hee saith hee was not in y:e voiage in question,
and therefore can depose nothing as to y.e content of theise Interrories

To the third hee answereth, That hee was not at Ciprus, when the shipp Thomas Bonadventure was there the voiage in controversie, and tehrefore
knoweth not what distance shee lay from y:e shoare, nor how many baggs
of woolls shee could receive aboard her within the spaces of XXXX interrate

To the 4:th hee saith hee hath not soe deposed.

To the 5:th hee saith hee hath bin two sevall voiages at Cyprus interrate
and hath come from thence so many times for England

To the sixthe hee saith, That the direct Course to sayle from
Salinas roade in Cyprus for Englands is to saile thence to the
straights

[P1080924]

Transcription

mouth, and saith hee beleeveth Zant to be about 20. leagues out of
the direct Course from Ciprus to the Straights mouth

To the 7:th hee saith, That the direct course from Zant forEngland
is to saile to the Straights mouth, and that it is, as hee beleeveth, about
50. leagues out of the Direct Course to saile from Zant to Corsica
(wind and weather pmitting) and thence to the satraights mouth, And
further cannot depose:-

To the 8:th hee saith, hee beleeveth Leghorne interrate to be about 10
or 15. leagues more out of the direct course from Zant to the
straights mouth, than Corsica is.

To the 9:th hee saith That (saving what followeth) the Geo Browne hee knoweth nothing thereof, not knowing what goods a shipp of the burden interrate may have in at the time of the
bringing aboard lading or steeving of such quantity of wools as is
interate, saying that baggs of wools must be received aboard in such
convenient quantities as that they may bee fairely and conveniently steeved
without incommoding the shipp, which cannot be above 20. att a time in
aboard a shipp pf y:e like burthen as the shipp Thomas Bonadventure
and that therefore 44 men in such a ship cannot in sch due manner as
is necessary steeve one hundred and seventy baggs in ten dayes in his this
deponents judgement. And he further saith that a shipp of the burthen
interrtee having stones or mettall for ballast may receive as he judgeth
about two hundred and fifty baggs of cotton in and for her whole lading
but if she be ballasted with galls noe maore than fitting, shee cannot receive
as he judgeth above two hundred bags in all on board her. And further he saith hee cannot answer.

To the tenth hee saith he cannot depose for that he was not in or with y:e sayd
shipp the voyage in question.,

To y:e 11:th he saith that being not in y:e sayd voyage he cannot depose.

To y:e xij:th he saith That in the lading of cotton wools It is the usuall way and
Custome first to lay a tierce of baggs, and then to steeve in as many moore as XX
layd in the Tierce; But whether y:e sd shipps Company observed y:e sd usuall way
of steeving he knoweth not for the Reasons aforesayd.

To y:e yiij:th he saith that when a shipps companye are steeving of cotton woolls it is usual
as the wind and weather will permitt to ?receayve on board their shipp sometymes
ten sometymes fifteen sometymes twenty baggs, and not tpwards, in one day,

one day with another, yet
XXX y:e shipp be not ?inco-
modated or overcumbred
with baggs, especially
in an open road such as
that of Salina is.

To the end noe tyme may be lost, but imployed to y:e best advantage of the voyage: But whether this order was observed in the steeving
of the wolls on board y:e shipp interrogat hee canot depose for y:e Reasons
aforesayd. And further he cannot answer

To y:e xiiij:th he saith that to y:e laying and steeving of cotton wolls there is much
tyme necessarilly spent in laying and removing of the Crane, the beames, the
blockes and other necessary Implements. And saith that in a shipp of the burthen
interrogat, in some places of XXX twelve baggs and not more (as he judges) may
be layd, and twelve more steeved by the number of men interrte, in the spsce of
three dayes and not lesse in his judgment. and in other places or pts of the shipp
8 or 16 baggs may be layd and as many more steived in a tame proportionably
allotting for every eight baggs one day as aforesd. And further hee
cannot depose.

To y:e xv:th he saith he cannot depose for the reasons aforesayd.

To y:e xvi:th he saith he cannot depose for y:e REason aforesayd

GEO BROWNE [His signature]

Repo:d be. Dr. Godolphin

Index of untranscribed, imaged, cases

[P1080924] [P1080925] [P1080926] [P1080927] [P1080928] [P1080929]

Case: Keats Jennings and others against ffredericke Chowne and others
Date: 23rd February, 1655/56
Examination: 2. Henry Hughes,^[1] of Deptford, Kent, rope merchant, aged twenty four yeares
- Purser of the Thomas Bonadventure in May 1652, who took an account of the ship's lading
- Consigneees included M:r Alderman ffrederick and Company,^[2] London; M:r Thomas Rich,^[3] London. Benefit of goods to Thomas Rich was to go to ffrederick Chowne & Company
- Ship crewed with 44 men, with a burden of 280 tons
- Gives target daily productivity data for loading very large bags of cotton wool, and bags of gall

[P1080929] [P1080930] [P1080931]

Case: Keats Jennings and others against ffredericke Chowne and others
Date: 25th February, 1655/56
Examination: 3. Isaac Taylor of Deptford, Kent, mariner, aged forty-four
- Master and commander of ships for fifteen years
- Had made four voyages to Cyprus
- Testified that Cyprus cotton wools were stored in much larger bags than cotton wools from other places, requiring stowing with much labour and difficulty, and that 44 men on a 280 ton ship will stow and steeve at the rate of eight bags per day

[P1080931] [P1080932]

Case: Keats Jennings and others against ffredericke Chowne and others
Date: 25th February, 1655/56 ("same day"
Examination: 4. Isaac Woodgreene,^[4] of Wapping, Muddlesex, mariner, aged ?forty-eight
- Saw Thomas Bonadventure at Cyprus on the voyage in question, he at the time having been the master and commander of the African frigat
- Confirmed size of bags and loading practices in Cyprus

[P1080933] [P1080934] [P1080935] [P1080936] [P1080937] [P1080938]

Case: Keats Jennings and others against ffredericke Chowne and others
Date: 27th February, 1655/56
Examination: 5. Samuel Dun, of Limehouse, Middlesex, Mariner, late cheife, master mate and steevador on board y:e shipp Thomas Bonadventure, Capt Hughes Commander, aged thirty-six years
- Details of steveadore productivity for bags of cotton wool (cyprus wool), and galls, and voyage from Scanderoon to Cyprus and Zante

[P1080939] [P1080940]

Case: Allegation against John Griddon, master of y:e ship the Delight
Date: 29th February (sic) 1655/56
Examination: 1. Thomas Serjeant of Millbrooke, Cornwall, Boatswayne of the ship the Delight, aged thirty-five years
- Trading voyage planned from Falmouth to Barcelona, then to Majorca, and back to Falmouth
- Owners alleged to have altered the voyage to go to the West Indies
- Further change of plan was to go from Barbadoes to Genoa, of which the captain notified the crew, but a number of crew refused to go, stating that they were not hired for that purpose

[P1080941] [P1080942]

Case: Allegation against John Griddon, master of y:e ship the Delight
Date: 1st March 1655/56
Examination: 2. James Moulton of ?Lifrack, Cornwall, mariner, aged seventeen years

[P1080942] [P1080943] [P1080944]

Case: Alderman ffrederick and others ag:t XXX ?Jennings & others
Date: 3rd March, 1655/56
Examination: 1. James Lutton,^[5] of East Greenwich, Kent, mariner, aged fifty-?nine years
- Sailing from Zante to the Straits mouth directly would be 400 leagues, but the plan was to sail from Zante to Corisca or Leghorne, and then to the straits mouth

[P1080944] [P1080945] [P1080946] [P1080947]

Case: Alderman ffrederick and others ag:t XXX ?Jennings & others
Date: March 4th, 1655
Examination: 2. Capt. Thomas Chinn, of Shadwell, Middlesex, Mariner, aged forty years
- Evidence on the direct course from the Salina Road in Cyprus to England

[P1080947] [P1080948] [P1080949] [P1080950]

Case: Alderman ffrederick and others ag:t XXX ?Jennings & others
Date: March 5th, 1655
Examination: 3. Benjamin Gunson, of Poplar, mariner, aged thirty-six
- Deposed on sailing distances from Salina Road to London

[P1080950] [P1080951] [P1080952] [P1080953] [P1080954]

Case: Alderman ffrederick and others ag:t XXX ?Jennings & others
Date: March 6th, 1655
Examination: 4. Thomas Ashley, of St Olaves, Southwark, mariner, aged fifty-six years
- Deposed on sailing distances from Salina Road to London

[P1080955] [P1080956]

Case: Jacob Sheafe and Companie v. XXXX
Date: March 29th 1656
Examination: 1. Thomas ?Fermer, of Charles-Towne, in New England, mariner, aged twenty-eighty years
- Ship Johns Adventure bound from the River of Boston in New England for the Port of London in December 1655
- Robert Hubbart(d), a passenger on the ship, is alleged to have conspired with the boatswain to get a bill of lading signed by John Cutting, master of the ship, for a barrel of beaver receaved on board near Boston by Richard Browne, Masters mate on the ship
- the barrel contained ninety-eight beaver skins, seven otter skins and four mink skins [P1080967]
- the barrel had been consigned by Jacob Sheafe, Boston merchant, to Henry Ashurst in London

[P1080956] [P1080957] [P1080957]

Case: Jacob Sheafe and Companie v. XXXX
Date: March 29th 1656
Examination: 2. Thomas Glover, of Aldermanburie, London, aged twenty-nine years
- Had known Jacob Sheafe, New England, and Henry Ashust, London, for about three years; for this entire time Sheafe and Ashurst had been correspondents

[P1080958] [P1080959] [P1080960] [P1080961]

Case: Jacob Sheafe and Companie v. XXXX
Date: April 5th, 1656
Examination: 3. John Cutting, of Newbury, in New England, master of the Johns Adventure, aged sixty-three years
- Jacob Sheafe, merchant, had corresponded from Boston for the last seven years with Henry Ashurst,^[6] merchant, in London
- Cutting had for that seven years carried goods between New England and London

[P1080961] [P1080962] [P1080963]

Case: Jacob Sheafe and Companie v. XXXX
Date: Same day (April 5th, 1656)
Examination: 4. Richard Browne, St Olaves, Surrey, mariner, aged twenty-five years
- Had known Jacob Sheafe for the last four years

[P1080963] [P1080964]

Case: Jacob Sheafe and Companie v. XXXX
Date: ?
Examination: Thomas Glover, XXXXXXXXXXXXX

[P1080964] [P1080965] [P1080966] [P1080967] [P1080968]

Case: William Wilkinson ag:t James Warren
Date: 2nd April, 1656
Examination: John Humphrey, St Mary Magdalene, Southwark, Surrey, mariner, aged thirty-two
- James Warren was a pilot, experienced in pilotting ships from London to the Downs
- October 1654, James Warren pilotted the Exchange, of which William Wilkinson was master, from the Port of London towards the Downs
- Ship was manned with 14 Englishmen and one boy, two Scots and 5 or 6 dutchmen. Ship was of the burthen of 240 tons. A total of 22 men men and 1 boy. A ship of this size should have been crewted with 20 to 30 men. Warren a mariner for sixteen years and one of the ships company on the pilotage towards the Downs.

[P1080969] [P1080970] [P1080971] [P1080972]

Case: William Wilkinson ag:t James Warren
Date: January 26th, 1655/56
Examination: Edward Alsop,^[7] St Olaves, Southwark, mariner, aged thirty yeares
- Ship brought safely first to Gravesend and then to the Hope

[P1080972]

Case: William Wilkinson ag:t James Warren
Date: February 1st 1655/56
Examination: Jurian Maes of XXXX, sailor, aged thirty-seven years

[P1080973]
HCA 13/71 f.102r

Case: Browning against Vanderpost and Company
Date: February 27th 1655/56
Examination: James Downe, of London, Merchant, living in Bishopsgate streete at the signe of the Bull, aged thirty-eight years
- Deponent has known for the last twenty years the custom of trade with Cadiz, and the duties payable and paid to the masters and purser of English ships, having frequented the port as a merchant and as a purser of ships. For fourteen years in that period he resided in Cadiz

Transcription

Browning against Vanderpost.)
and Company)

The 27th of ffebruary 1655.

Exámined upon an allegaccon given in by
Clements on the behalfe of Browning.

XX Rp. .j. JAMES DOWNE of London Marchant living in
Bishopsgate streete at the signe of the Bull
aged 38 yeares or thereabouts sworne & examined.

[P1080974] [P1080975] [P1080976]

Case: William Wilkinson ag:t James Warren
Date: March 3rd, 1655/56
Examination: Sidrack Wills,^[8] of Ratcliffe, Middlesex, mariner, late second master of the ship Exchange, aged twenty-eight yeares
- Captain William Willkington & Company were the lawfull owners of the Exchange
- Ship was bound on a voyage from London to Virginia

[P1080976]

Case: Travers agt Burridge & Spiser
Date: March 4th, 1655/56
Examination: William ?Webber,^[9] of St Mary Magdalen, Bermondsey, mariner, master of the ship the John and Mary, aged thirty-six years
- Deponent is part owner of the John and Mary
- Made master of the ship the John and Mary by the other part owners Colonel John Owen and the said Gyles Travers for a voyage to Teneriffe and other places in the King of Spain's dominions without the straights of Gibraltar and the back for London
- In 1655 the deponent as master on behalf of himself and the rest of the owners let the ship for freight, under a charter party between him and Gyles Travers dated April nynth 1655 for the said voayge at the rate of £104 per month

(did not image the rest of this examination)

[P1080977]

Case: Travers agt Burridge & Spiser
Date: March 10th, 1655/56
Examination: Thomas Bland,^[10] of St Stephen Colemanstreete, citizen and scriverner of London, aged thirty-two years
- The deponent was present at the signing, sealing and delivering of the charterparty between William Webber and Gyles Travers
- Thomas Nicholls, servant to Thomas Bland, also signed the charterparty

[P1080979] [P1080980]

Case: Complaint against X BrandXXXX
Date: March 4th, 1655/56
Examination: Gregory Warden, shipwright, of Ipswich, Suffolk, aged thirty-six years
- The deponent and the aclate William Marsh sailed together in 1654 in the ship called the James of Ipswich, of which James Jackson was then master, on a voyage for Norway
- William Marsh confessed to the deponent on this voyage that he had been sayling down from London with the hoy or vessel called the Princess of Ipswich his cable broke and that therby the hoy was put from her anchor and that on the setting of his sail his main sail blew away and afterwards the top of his mast broke, forcing him to cut down his mast
- Marsh further confessed that all his sails were not worth "tenne groats", and that even if they had been good, and that he only had two boys upon his ship. Furthermore Marsh claimed that the owners had refused to spend any money on the vessel
- Signed with Gregory Warden's mark

[P1080980] [P1080981] [P1080982]

Case: A business of Ensurance touching the losse of certayne goods & merchandises laden aboard the shipp James of London whereof George Cobden was late Master
Date: March 5th, 1655/56
Examination: George Cobden of Shadwell, parish of Stepney, Middlesex, mariner, late commander of the sayd ship James, aged fifty-three years
- The ship the James set sail from Barbados for London
- Storms drove the ship into the river of Waterford, Ireland, where the ship sank as a result of leaks, with five foot of water in the hold
- As a result the goods mentioned in the bills of lading, mostly sugar, but also cottton wool, were converted to molasses or sirrupp, and although the casks were gotten ashore into a warehouse, the molasses leaked out of the casks in the warehouses and was thereby lost
- The damaged goods are in the hands of M:r George Cauldorn, treasurer of the Commonwealth for the City of Waterford, and were of no worth to the owners
- Signed by George Cobden

[P1080982] [P1080983]

Case: A business of Ensurance touching the losse of certayne goods & merchandises laden aboard the shipp James of London whereof George Cobden was late Master
Date: March 5th, 1655/56 ("same day")
Examination: William Inians, of ffanchurch streete, London, mariner, late Masters Mate of the James, aged twenty-two years
- Deponent was master mate on the ship when she was last in Barbados bound for London
- The James was laden in September 1654 for the account of the interrogate Henry Clarke William Clarke & ffrancis Soane
- Seven butts of muscadoe sugar were for the account of Henry and William Clarke, one butt and one ?pancheon of sugar for the account of Henry Clarke, and six butts, one pancheon and fower hogsheads of ?sugar, and eight bags of cotton wool for the account of ffrancis Soane. The parcels were marked with the marks and marks and numbers of the consignees as also recorded on the bills of lading shown the deponent in court. The deponent had helped lade the goods in Barbados
- Signed by William Inians

[P1080984]

Case: Clayme of ?Masurine Pellicot and Company of Amsterdam owners of y:e shipp y:e ffortune (whereof Daniel Egerson is master) .. said shipp taken and seized by y:e Dartmouth frigat in y:e "immediate service of y:e Commonwealth of England"
Date: March 8th, 1655/56
Examination: 1. Daniel Egerson, of Amsterdam, mariner, master of the fortune, aged forty two years
- 'The fortune had a lading of wines
- Seized by the Dartmouth frigat on January 30th, 1656 (new style)
- Crew of the Fortune did not oppose the seizure in any way, having been "summoned...by a shott", immediately striking and lowering the main sail
- The Fortune had sailed from the French coast directly towards ?Dugness, and was boarded when "about a duch mile or two English miles from shoare"
- Signed by the deponent

[P1080985]

Case: Clayme of ?Masurine Pellicot and Company of Amsterdam owners of y:e shipp y:e ffortune (whereof Daniel Egerson is master) .. said shipp taken and seized by y:e Dartmouth frigat in y:e "immediate service of y:e Commonwealth of England"
Date: March 8th, 1655/56 ("Same day"
Examination: 2. Jan Peterson,of Hamburgh, "mariner stiersman", of the Fortune, aged three and twenty years
- No chase nor flight involved
- The frigate shot twice, with main sail lowered after first shot, and foresail struck after second shot
- Signed by the deponent

[P1080985]

Case: Clayme of ?Masurine Pellicot and Company of Amsterdam owners of y:e shipp y:e ffortune (whereof Daniel Egerson is master) .. said shipp taken and seized by y:e Dartmouth frigat in y:e "immediate service of y:e Commonwealth of England"
Date: March 8th, 1655/56 ("Same day")
Examination: 3. Jan Dirickson, of ?Modenblick in Holland, mariner, of the Fortune, aged one and twenty years
- The Fortune was brought into the Downes after seizure
- Signed by the deponent

[P1080986]

Case: Clayme of ?Masurine Pellicot and Company of Amsterdam owners of y:e shipp y:e ffortune (whereof Daniel Egerson is master) .. said shipp taken and seized by y:e Dartmouth frigat in y:e "immediate service of y:e Commonwealth of England"
Date: March 8th, 1655/56 ("Same day"
Examination: 4. Cornelius Peterson, of Edam in Holland, "mariner carpenter," of the Fortune, aged twenty four years
- Confirmed details given by other deponents
- Signed by the deponent

[P1080986] [P1080987] [P1080988] [P1080989]
Case: ?Hans Rauce of Quinsborough and Company Owners of y:e shipp y:e Hope of Quinsborough against ?Bonianin & John Harrison and William Harrington
Date: March 11th, 1655/56
Examination: 1. Jan Pieterson, of Lubeck, "mariner and carpenter", of the Hope, aged thirty years
- Master of the ship was Martin Barnhide
- Several weeks before Michaelmas last, 1655, laden on the Hope at port of Quinsborough for port of London, were thirty bundles of hemp, twenty spruce deales, a further two bundles of hemp, one hundred of wainscott, one hundred of pipe boards, five hundred and a halfe of clapboard, twelve hundred and a half of XXXing staves, eighty XXXX pipe staves, and three hundred and a half of ?Oares
- To be delivered to a range of people to whom the goods were consigned
- Ship was strong and properly equipped
- Ship went via Pillar, encountereing stromy weather, and losing its foresayles, forcing the ship back to Pillar
- Ship came into the Sound, where it sheltered for a number of days, before continuing towards port of London
- Expereinced a further "violent raging storme of wind and temper from y:e North west, which began about three of y.e clock in an afternoone and continued allnight and to y:e next day, during which storme y:e sayd shipp could have now sayle saving her mainsayle which was lett downe very low, and by three of y:e clock y:e next morning y:e sayd shipp was driven upon y:e Coast of Ireland neare y:e ??Holands, and there being twelve fathom water then found the XXX two anchors cast out.." To save their lives the master and the crew "were forced and did cutt down y.e maine mast of y:e s:d shipp which with y:e yards sayles and cordage thereto belonging ?were carryed overboard into y:e sea, and persihed and were lost". Lost both anchors
- Set sail for coast of Norway to preserve the ship, but weather "so darke that the hand could not be discerned nor any haven found" but "all at length a fisherman whom they by chance found conducted them into?Gasthaven in Norway"
- Many other ships lost in that storm
- The mark of the deponent

[P1080990] [P1080991] [P1080992]

Case: ?Hans Rauce of Quinsborough and Company Owners of y:e shipp y:e Hope of Quinsborough against ?Bonianin & John Harrison and William Harrington
Date: March ?19th, 1655/56
Examination: 2. Gabriel Smell, of Lubeck, mariner late steersman of the Hope, aged thirty years
- The goods mentioned above were to be transported to London for various merchants at freight rates agreed in Quinsborough by their correpondents or factors
- The ship departed with its lading from the Pillar sound after the beginning of September and met with exceedingly bad weather and cross winds in the "East sea" which continued for many days. The ship was forced many leagues backwards out of her course, but at last came to the sound of Denmark
- Deponent provided considerable further detail on the seas, the course taken, and the actions of the master and crew of the ship
- Signed by the deponent

[P1080992]

Case: On behalf of John Digby of London merchant
Date: March 14th, 1655/56
Examination: John Whittell, St Maudlins Milkstreet, London, Secretary to y:e worshipful Commissioners for prize goods
Folio: 118r.
- Divers ships seized within the territories of the King of Denmark, leading to some Danish ships being seized within the ports or by the ships of the Commonwealth in the year 1652

Did not image next page, so cannot read full examination

[P1080996] [P1080997] [P1080998] [P1080999]

Case: XXXXX Vanderpost and company against Thomas ?BrXXXX
Date: April 3rd, 1656
Examination: William Anderson, of Stockholm, XXX of XXX of Durham, late gunner of the Fortune
Folio: f. 131r., f. 131v., f. 132r., f. 132v.
- Ship arrived safely at Sally and Genoa, then went on to Santa Cruz
- Disposed of all goods, with exception of the tobacco
- Took aboard about forty Jewes and Moores and several quantities of merchandise, all to be transported to Sally
- Winds drove the ship eastwards of Sally, and put into TittXXX, telling the passengers they could go to Sally by land
- Ship was to go on to Cadiz

[P1080999] last in the series, then a jump in the folios I have imaged

[P1090001] [P1090002] [P1090003] [P1090004]

Case: Cooke and Johnson ag:st Batson
Date: April 24th, 1656
Examination: William Tickell of Birchen Lane London, merchant, aged forty three years
Folio: f. 167v., f. 168 r., f. 168v., f. 169r.

[P1090004] [P1090005] [P1090006]

Case: Cooke and Johnson ag:st Batson
Date: April 24th, 1656 ("Same day")
Examination: William Lowe, planter & inhabitant of y.e Barbadoes, one of y.e caribee Islands, aged forty yeares
Folio: f. 169r., f. 169v., f. 170r.

[P1090006] [P1090007] [P1090008]

Case: Cooke and Johnson ag:st Batson: Examination: Nicholas Hammond, of St Michaels Cornhill, London, Barber Chirugion, of the ship ?Tankervale, aged 30: Date: April 24th, 1656

Case: Cooke and Johnson ag:st Batson
Date: April 24th, 1656 ("Same day")
Examination: Nicholas Hammond, of St Michaels Cornhill, London, Barber Chirugion, of the ship ?Tankervale, aged thirty yeares
Folio: f. 170r., f. 170v., f. 171r.

[P1090008] [P1090009] [P1090010] [P1090011]

Case: Gold Roach and others ag:t ?Robbins Smith: Examination: William Haddocke, of Wapping, Middlesex, mariner, aged 49: Date: April 30th, 1656

Case: Gold Roach and others ag:t ?Robbins Smith
Date: April 30th, 1656 ("The Last day of Aprill")
Examination: William Haddocke,^[11] of Wapping, Middlesex, mariner, aged forty-nine yeares
Folio: f. 184v, f. 185r.
- "By and according to the usual custome knowne received and practized amongst Merchants and Masters of shipps, there was and is an Allowance in all Sea Voyages to the Master and Companie of every shipp, according to the nature of y:e Voyage and the quality of the goods, some voyages being of greater and some of lesse importance"
- "Saith That from the Ports of S:t Mallo Roane New Haven fland:ers Dover Genoa and Leghorne and other Ports within and without the Straights , the usuall allowance to the Master and Companie was and is upon each bale of goods two Royalls upon every ?duckat of freight, or one Royall at the least, And that upon every voyage whatsoever the Laders or ffreight:ers doe usually and generally give an Allowance to the Masters and Companies of shipps by them employed over and besides the freight due and payable to the Proprieto:rs of such shipp pr shipps, which Allowances commonly knowne and entitled by and with the name or title of primage and Average" (f. 184v)
- Haddock knows the customs of primage and average "haveing for about 28 or 30 yeares last past borne severall offices in and aboard severall shipps and having bee Master and Command:er of severall shipp sin severall voiages from all the Ports abovesaid for the sapce of 21. yeares last past"
- "For severall yeares last past , and particularly ever since English shippes have used y:e navigation betweene Lisbon and the Brazeele manned w:th English or others, there hath from time to time constantly and continually been a certaine Charterpties expressed which all XXXX or everage the Mast:r and Companies of shipps untertaking such a Voyage have usually received from their freight:rs as to to them the said Masters and Companies duely belonging and not to the Own:ers of such shipp or shipps"
- The average was higher than others "as an encouragem:t and reward XX for the undergoeing of ?such dangerous a Voiage both in regard of the opressive heate in the parts of Brazeele, and of the hostile encounters they are lyable to meet withall from the Holland:ers being enemies to the Portuguiese, and for satisfaction of damaage in the goods, if such happen by the default of such Master and Companies"(f. 184v)
- In November 1655 the ship the Hannibal of London, commanded by the deponent, was at Portsmouth "there upon her discharge from the immediate service of the Commonwealth wherein she had bin employed" under the command of the deponent. Haddock was in London in discourse with the ship's owners, having a licence from the King of Portugal to go to Brazil with the ship. Deponent agreed if there were any subsequent dispute about allowance or average he would "referr the same to Justice, or to indifferent men to be determined", whereupon the owners offered to allow the deponent "a 4:th pt of such average", to which he did not agree
- Deponent knows well Captain Edward Wye (Or, Wyte), Master of the ship the Saphire aclate, and Captain Peter Tatam, Master of the shipp the Hannibal aclate, Captain XXX., Master of the ship the Prosperous aclate, Captain Thomas Bell, Master of the May fflower aclate, and Captain John Wills, Commander of the Successe aclate all of them "designed upon y:e said yoyage to Brazeele", but deponentw as unaware of any terms agreed for the voyages with their owners. Howvere, Capts Tatam, Bell and Wye had said and afformed "aboard this depo:ts shipp y:e America in ?Casrales bay in Portugall" that they were to have the "full average allowance and privilidge belonging and due to Command:rs of shipps goeing for the Brazeele"

Break in the imaging of the folios - may be worth going back to see what was missed out of imaging

[P1090013] [P1090014] [P1090015]

Case: George Robinson against XXXXX
Date: ?June 1656 (CHECK DATE)
Examination: 2. Edward Bradborne, servant of Martin Noell of London, merchant, aged nineteen years
Folio: 195r.
- October 1655
- XXXX PaXXX of Rotterdam
- Deponent refers to making entries in his copybook
- In October 1655 George Robinson wrote and sent over to the Dutchman XXus ParXX in Rotterdam desiring and ordering him to freight a "Holland shipp" to go to St LucarX "under a Holland master" to receive a lading of oranges and lemons and to bring them to the Downes
- A bill of exchange to be drawn up and sent to XXX PXX in Rotterdam for payment for the oranges and lemons
- The "Holland shipp" the Anne of Brill, master Martin Williams, set of from Rotterdam to St Lucar to receive the cargo of fruit from the correspondent Gilbert ?WolfXX. Letters of Gilbert XXX ere annexed to the allegation
- Two bills of exchange drawn up, one for 250 sterling and the other for 500 sterling. The first bill was annexed to the allegation
- Deponent confirmed that the goods were geneuinely bought and that George Robinson "ran the hazard and adventure thereof"
- Signed by Edward Bradborne

[P1090016] [P1090016]

Case: George Robinson against XXXXX
Date: 4th June 1656
Examination: Martin Noell, merchant of London, aged forty-two
Folio:

[P1090017]

Case: Browning ag:t Vanderpost
Date: 9th June 1656
Examination: John Wheelwright, of St Buttolph without Bishopsgate, London, Armourer, aged forty-six years
Folio:
- Mr Wilson was consul at Cadiz at that time
- Signed by John Wheelwright

[P1090019] [P1090020]

Case: Alderman Andrew Riccard and others touching the shipp the Love, Robert Tindall, commander
Date: 11th June 1656
Examination: 1. Robert Tindall, of Allhallows, chirugeon, of Barking, London, aged forty-eight years

[P1090020] [P1090021]

Case: Alderman Andrew Riccard and others touching the shipp the Love, Robert Tindall, commander
Date: No date
Examination: 2. Thomas Newman, mariner, of Mile-End

[P1090021]

Case: Captaine John Lawson and Captaine ?Smith and company ag:t the Shipp S:t Julian
Date: 11th June 1656
Examination: Claude Gagnon, of MeXXX in Bretagne, master mate of ?hoy XXX, the St Julian, aged twenty-five years
- Deponent had known Albert ?Weller, the master of the St Julian, for three years. Weller was a subject of the King of France and an inhabitant of XXXX near Brest
- Signed with his mark

[P1090022]

Case:
Date: 16th June 1656
Examination: William ?Cowne, mariner, of St MXXX, London, aged twenty four years
Folio: f. 273r.
- Signed by deponent

[P1090023] [P1090024]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date: 10th July, 1656
Examination: Edward Carr of Westow, County of Durham, mariner, at first a common mariner & afterwards Boatswain, mate of the Vine, aged twenty-one years
Folio: f. 307v., f. 308r.
- Signed by deponent

[P1090024] [P1090025]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:10th July 1656 ("the same day")
Examination: 2. Daniell Harman, of Lymshouse, Stepney, Middlesex, mariner at first Quarter Master & since Boatswain, of the Vine
Folio: f. 308r.
- Signed by deponent

[P1090025] [P1090026]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:10th July 1656 ("the same day")
Examination: 3. Richard Chapman
Folio: f. 308v., f. 309r.
- Signed by deponent

[P1090026] [P1090027]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:10th July 1656 ("the same day")
Examination: 4. James Barker
Folio: f. 309r., f. 309v.
- Signed by deponent

[P1090027]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:10th July 1656 ("the same day")
Examination: 5. Caleb Kyme of Radcliff, Middlesex, mariner of the Vine and midshipman, aged twenty-fower
Folio: f. 309v.
- Signed by deponent

[P1090028] [P1090029]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:10th July 1656 ("the same day")
Examination: 6. Robert Harwell of Ratcliff, Stepney, Middlesex, mariner and midshipman of the Vine, aged twenty-five years
Folio: f. 310r., f. 310v.
- Signed by deponent

[P1090029]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:12th July 1656 ("the same day")
Examination: 7. John Treddle of Ratcliffe, Stepney, Middlsex, mariner, aged trwenty-four
Folio: f. 310v.
- Signed by deponent

[P1090029] [P1090030] [P1090031]

Case: Information given by Captain James Barker, master of the Vine of London, touching the misdemeanour committed by ?John May his mate of the said ship in a voyage from the East Indies
Date:15th July 1656 ("the same day")
Examination: 8. Richard Thompson of Wapping, Stepney, Middlesex, mariner and of the company of the Vine, aged twenty-one years
Folio: f. 310v., f. 311r., f. 311v.
- Signed by deponent

[P1090032]

Case: ?
Date: 4th July 1656
Examination: 6. Lucas Lucy, of London, Merchant, aged forty-three years
Folio: f. 331r.
- December 1655
- Signed by the deponent

[P1090032] [P1090033]

Case: ?
Date: 4th July 1656
Examination: 7. Edward Mico, of the parish of St Stephens Walbrooke, London, Merchant, aged forty years
Folio: f. 331r., f. 331v.
- November 1655, the deponent and his partner, M.r Lucas Lucy of London, merchant did "sell the number of about sixtie pipes of Canarie..being of the growth or vintage of that year" at the price of 42:li sterling p pipe
- Deponent had been a merchant for nearly twenty years
- Signed by the deponent

[P1090033]

Case: ?
Date: 14th July 1656
Examination: 8. Anthonio Fernandez Caravachal, of London, Merchant, aged fifty seven years
Folio: f. 331v.
- In December and January 1655/56, the deponent had received several pipes of canarie wines transported from the island of Teneriffe to this port for the deponents account at the price of 39:li sterling p pipe
- Signed by the deponent
- If the canary wines belonging to the producent Richard Baber & Company had arrived safely at London they would have fetched 30:li per pipe net of charges and incidental expences, having been informed that they were the "best sort of wynes" of the year of growth and place as stated above
- Signed by the deponent

[P1090034] [P1090035]

Case: On behalf of Nicholas ?ClXXXX and ?Adrian van Bulstrode & company touching the shipp the ?Hare in the ffeild
Date: 11th of ?
Examination: 1. Cornelius Robbe of London, XXX, aged twenty-XXX years
Folio: f. 361v., f. 362r.
- XXXX, a subject of the United Netherlands, the said ship was bound for Cadiz in Spain
- Nicholas Clamen, a Dutchman, and native of MiddleXXXX
- Signed by deponent

[P1090035] [P1090036] [P1090037] [P1090038]
- P1090037 is a poor image, and hard to read

Case: On behalf of Nicholas ?ClXXXX XXX Bulstrode & company touching the shipp the ?Hare in the ffeild
Date: 11th of ? ("same day")
Examination: 2. Charles Moriscoe of London, Merchant, aged twenty five years
Folio: f. 362r., f. 363v., f. 363r.
- Deponent knew the ship the Hare in the ffeild of Middle?bourne
- Refers to bills of lading on the ship bound for Cadiz
- John Burk, and Englishman
- Nicholas Clamen, Adrian van Bulstrode and their partner, John Burk

[P1090039] [P1090040] [P1090041] [P1090042]

Case: Claim of Christopher Boone of London, merchant vs. Adrian Goldsmith
Date:
Examination: John Willmott, of London, merchant, aged twenty-eight
Folio: f. 372v., f. 373r.
- Signed by deponent

[P1090042]

Case: ?
Date: ?
Examination: 3. Manuell de ffonseca of London Merchant aged nineteen years
Folio: f. 382r.
- Ship blonged to the Interrogate M:r Antonio ffernandez and was bought at Amsterdam for his accompt, which he knows because he "saw part of the moneye for buying the sayd shipp was bought paid upon bill of exchange drawne upon the sayd ffernandez at Amsterdam who XXXX Rob:t Williams XXXXX bought her here for the sayd ffernandez Accompt" , who bought her "of the Interrogate John Johnson"
- Signed by deponent

[P1090042] P1090043] P1090044]

Case: Claim of Christopher Boone
Date: 27th October 1656
Examination: 2. ffrancis Thoris, of London, merchant, aged forty eight
Folio: f. 382r., f. 382v., f. 383r.
- Signed by deponent

[P1090045] [P1090046] [P1090047]

Case: Claim of Christopher Boone
Date: 27th October 1656
Examination: 3. Benjamin Bathurst, of London, merchant, aged nineteen years
Folio: f. 383v, f. 384r..
- Signed by deponent

[P1090048]

Case: On behalfe of M:r ?Stanier, touching the St. Phillipe
Date: 10th September 1656
Examination: Ezekeil Lampen, of London, merchant, aged two and twenty yeares, and Robert Demetrius of XXX of London, merchant, aged twenty five yeares
- The St. Phillip ("called of Amsterdam"), with a burden of 250 tonnes, bound from Amsterdam for Ireland "to lade fish and tynne into the Straights". The ship had been bought about a month previously in Amsterdam by the order and for the proper account of Peter Vandeput, James ?Stainer, Roger ?Letten, and ?Rob:t Lee Englishmen and Merchants residing in London and subjects of the Commonwealth of Englands. Bought the ship for the sum of six thousand XXX hundred and fifty guilders, paid for by bills of exchange from Amsterdam drawn upon them and accepted by them
- Signed by both deppnents
Folio: f. 351r.

[P1090048] [P1090049]

Case: Gerrard Lloyd and Company v. the King of Spain and his subjects
Date: 22nd September 1656
Examination: 1. Francis Thoris of London, merchant
Folio: f. 391r., f. 391v.

[P1090049] [P1090050]

Case: Gerrard Lloyd and Company v. the King of Spain and his subjects
Date: 22nd September 1656
Examination: 2. Benjamin Bathurst, servant to M:r Stefan ?Boone
Folio: f. 391v.; f. 392r.

[P1090050] [P1090052]

Case: Gerrard Lloyd and Company v. the King of Spain and his subjects
Date: 22nd September 1656
Examination: 3. Thomas Harrison of Wapping, Middlesex, Victualler, aged 37
Folio: f. 392r., f. 392v.

[P1090051]: Totally blurred image

[P1090052] [P1090053]

Case: Gerrard Lloyd and Company v. the King of Spain and his subjects
Date: 23rd September 1656
Examination: 3. Moses Bathurst of London merchant, aged 28
Folio: f. 392v., f. 393r

[P1090052] [P1090053]

Case: XXXX
Date: 22nd September 1656
Examination: 1. (sic) Moses Bathurst of London merchant, aged 28
Folio: f. 393r (incomplete testimony, would need to image more pages)

[P1090054] (2 pages) [P1090055]

Case: XXXX v. ?Mathew XXXX
Date: 12th December 1656
Examination: 1. Oliver Langdon of Wapping Wall Deale merchant, aged 38 yeares (signed with his mark)
Folio: f. 454v., f. 455r.

[P1090056] [P1090057]

Case:
Date: XXX
Examination: Manuel de ffonseca Mesa, ?S:t Marharet, ?Mark Key, aged 19 yeares
Folio: f. 549v., f. 550r.

Cooke and Johnson ag:st Batson

[P1090001] [P1090002]

Context

Richard Batson was a citizen and cutler of London. In the late 1640s he became involved in Barbados through the purchase of plantation land for the cultivation of sugar. His nephews, Thomas and Henry Batson, sons of his brother William, served as his factors on the island.^[12] His name appears as a prominent Barbados planter in several documents in the early 1660s.^[13] He, Martin Noell, and a number of other planters and/or merchants, received warrants from Barbados officials in 1652 and 1653 to import horses to the island for use with the sugar mills.^[14]

The case in April 1656 before the High Court of Admiralty concerned the loss of a cargo of 45 horses to be carried by ship from Norway to Barbados for Richard Batson & Company. One of the deponents, the merchant William Tickell, is identified in a separate legal document, dated 1660, as one of Richard Batson's two attorneys on the island.^[15]

Richard Batson was involved with East Indies trade as well as with the West Indies. In 1649 his name was included on a letter addressed to the Governor and Committees for the Fourth Joint Stock. The complete list of names was: "John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont"^[16]

[Image P1090001]
[f. 167v.]

Cooke and Johnson ag:st Batson.
Smith Clements
?Ry.

The four and twentyeth day of Aprill 1656
Examined upon an accon on y:e behalfe of y:e sayd Batson
WILLIAM TICKELL of Birchen Lane London merchant aged
forty three yeares or thereabouts, a witness sworne and
examined saith and deposeth as followeth ?vizt

To the first Arle of the sayd Accon, This deponent saith that he went
as merchant in the shipp Tankervale Robert Cooke ma:r the last
voyage she made which was fron this port of London to Norway
and there to take in horses; and was from hence to have gone to y:e Barbados
and so back agayne to this port. And knowth that the sayd
Robert

[Image P1090002]
[f. 168r.]

Cooke had order from his Imployers to hire and agree with Mariners
for y:e sayd voyage to receyve their wages att y:e barbadoes in
Muscavadoe sugars att the rate of four pence p pound. And he
knoweth y:t the sayd James Cooke and Johnson were two of y:e Mariners
hired for that voyage, and he this deponent did sevearall tymes
heare them y:e sayd Cooke and Johnson say and acknowledge that they
were so hired and had so agreed, that is to say that they had
contracted and agreed that what wages should be due to them for
their service in the sayd shipp and voyage they were to receave y.e
same att y:e Barbados in Muscavadoe sugar att y:e rate of
four pence per pound. And y.e like he heard, the sayd Robert
Cooke y:e Ma:r severall tymes say and affirme, and also that the most
of the Mariners had signed to a written Agreement to that purpose
and having now veiwed and perused the paticular to y:e sayd accon
annexed he doth beleive by the names and markes of y.e Mariners
att y:e foot thereof especially by the name of William Jeffery
who was one of the mates the sayd voyage (whose handwriting he is well
acquainted with, and is well assured that he did subscribe his sayd
name thereto as now it appeareth) that y:e says schedule was and
is the originall written Agreement, touching the p:rmisses. And
otherwise hee saith he cannot depose

To y:e second arle of y.e sayd accon This deponent saith That att y:e sayd shipps
arrivall in Norway the sayd Batsons and Companies facto:r here did
putt on board the sayd shipp forty five horses or thereabouts for their
use and accompt, to be carryed and transported from thence to the
Barbadoes And y:e sayd James Cooke and Maynard Johnson as matee
and Boatswayne were by their plans to looke unto and have
care of the stowage thereof, and to see that y:e stanchions in which
they were to be placed were strong and good. And they had and
were provided of such materialls for that purpose as they sayd were
good and sufficicient, and theire was enough of CHECK ither boards spanns
and materialls to have made the sayd stanchions more strong and
they might have had them if they had pleased of y:e certayne knowledge
of this deponent who was then gone as merchant of y:e sayd shipp
and had provided such materialls as were strong and sufficient
and they y:e sayd James Cooke, and Maynard and y:e rest of the
Mariners concerned in y:e stowing of the sayd horses did refuse to
make use of them, saying that such as they had was sufficient. And
otherwise he cannot depose

To y:e third arle of y:e sayd accon This deponent saith that the sayd horses
being so putt on board, the sayd shipp Tankervale putt out to sea
and soone after upon the shippes working, the stanchions in which
the sayd horses were placed did breake downe in regard they
were too weake, and the sayd horses by reason of such bad stowage
fell

[Image P1090003]
[f. 168v.]

fell one upon another, and thereby one killed another and all of
them dyed except one horse and y.e sayd Cooke and Company
in stead of goeing with the sayd shipp to y:e Barbadoes brought
her to Newcastle, of all which this deponent was an eye witnesse
and believeth that they so came to Newcastle without the order
of the sayd Richard Batson^[17] or any other of the Owners of y:e sayd shipp. And otherwise he cannot depose

To y:e fourth arle This deponent saith that upon y:e sayd shipps comong
to newcastle there was advertisement given to y.e sayd Batson
and Company of the sayd shipp being there and of y:e losses
of y:e sayd horses whereupon this deponent afterwards received
a lre from y:e sd Batson & Company directed to him this
deponent and y.e sayd Robert Cooke wherein they ordered y:e
sayd shipp to come about to y:e XXope in this River of Thames
there to be fitted with sich things as she needed for her
voyage to y:e Barbadoes to to that effect

To y:e fifth arle hee saith he cannot depose not being aboard y:e says
shipp when y.e sayd James Cooke and y:e s:d Maynard were imprest

To y:e sixth arle of y:e sayd accon he saith hee cannot depose, being not
well acquainted with y,e worke and duty of Mariners att sea

To y:e seventh arle of y:e sayd accon This deponent saith that for
the reasons aforesayd he knoweth it to bee true, that the onely
cause of the losse of all y.e horses was because the
stanchions were not made strong as they ought to have
bene, and as they might have bene had they when the stowage
did concerne made use of the sparrs which this deponent had
provided for that purpose, which hee saith were strong and
good: And he is well assured that in case the sayd stanchions
had bene made as they ought and might have bene the
sayd horses had been p:rserved. And further hee saith that the
care and lookeing to y:e making of y:e s:d stanchions did
proply belong to y:e sayd James Cooke and Maynard Johnson
as mate and Boatswayne, which hee knoweth by the observation
he hath made of the dutyes of Mates and Boatswaynes in y:e
like case, for many years that he hath used y:e sea as a merchant
And otherwise hee cannot depose

To y:e 8:th arle of y:e s.d accon This deponent saith that y.e sayd Batson
and Company by reason of the losse of the sayd horses have suffered
dammage to y:e value of fifteene hundred pounds stocke att the
Least And so much the sayd horses so lost would have yeilded
and given in case they had come safe to y:e Barbadoes, which
he deposeth upon his knowledge in that trade, having used the
trade

[Image P1090004]
[f. 169r.]

y:e trade of the Barbadoes with horses and other merchandises for
this ten yeares past and having cast upp the price of y.e sayd
horses so lost with y:e usuall gayne made of like horses att y:e Barbadoes
findeth that y:e same would have yeilded att y:e usuall rate the syd
summe of fifteen hundred pounds sticke and upwards. And otherwise
he cannot depose

To y.e nynth arle hee saith that y:e sayd James Cooke att y:e tyme of his
hiring into y:e sayd shipp was but a young man about twenty yeares
of age, and in this deponents Judgment had not exoerience
and moral (Or, "merit") sufficent to be of a shipp for such a voyage as
was intended. And saith that he y:e sd James was and is by common
repute the sonne of the sd Robert Cooke Ma:r of y:e sayd shipp
and was hired by his sayd father to serve in her. And further
he cannot depose

[SIGNED] WILLIAM TICKELL

The same day Examined upon y:e sayd accon
WILLIAM LOWE a planter & inhabitant of y:e Barbados one of y:e Caribee Islands
aged forty years of thereabouts a witnesse sworne and
examined sauth as followeth. vizt.

To y:e first artle of the sayd accon and to y:e schedule therto annexed now
showne him hee saith and deposeth That being a planter in y:e sayd Island
of Barbados whither hee was to returne from England hee putt
himselfe as a passenger on board y:e sayd shipp Tankervale Robert
Cooke Ma:r which was designed to goe from this port to Norway
and hence to take in horses and so to goe to y:e Barbadoes and
from hence to returne for England, and by this meanes came to
heare and know that all or most of y:e mariners belonging to y:e
sd shipp and pticularly the sayd James Cooke and Maynard Johnson
were to have their wages payd att y:e Barbadoes in Muscavadoes
Sugars att y:e rate of four pence p pound; to which purpose hee did
severall tymes see the foresayd schedule in y:e hands of y:e sayd
Robert Cooke and heard him read y:e same to his Mariners and heard
them acknowledge that they had subscribed it as now is to be seene
and that they had agreed and contractedas therein is conteyned. And
otherwise hee cannot depose.

To y:e second and third artes of y:e sayd accon, This deponent saith that upon
y:e arrivall of y:e sayd shipp att Norway there were putt on board her
for y:e sayd Richard Batson and Companies Accompt by their facto:r
there forty five horses to be from thence transcported to y:e Barbadoes
and the stowing of y:e sayd horses did belong to y.e Mariners of y:e sayd
shipp, and the making of y:e sanchions for that purpose as to thee
?care of the worke that they should be stronge and sufficient did belong
to y:e sayd James Cooke and Maynard Johnson as mate and Boatswayne
And

[Image P1090005]
[f. 169v.]

And there was materialls sufficient to have made y:e sayd stanchions strong
enough in case there would have made use of them. But he
saith the sayd stancheons were made too weake and insufficeint
the indeed so weake that soone after y:e sd shipp was hone to sea with
sayd horses by reason of such bad stowage fell one upon another
and so one killed another and all of them dyed one horse
onely excepted. all which hee knoweth for that he was a passenger
and heard his ?p:rcontest William Tickell offer y:e Master and
Mariners of y:e sayd shipp strong and good sparrs which hee
had provided some whereof hee brought aboard, for y:e making
saying the stanchions, but they refused the same
saying the stanchions they had made were strong enough, or to
that purpose. And saith that y:e sd Master and Company did,
not proceed on to y:e Barbadoes but came to Newcastle, which
as this deponent hath heard and beleives, was without order
of his Owners. And otherwise he cannot depose.

To y:e fourth arle hee saith that y:e sd Owners being M:r Batson &
Company (as by letters which he hath seene he came to know) having
notice of y:t y:e sd horses were lost and sayd shipp XXXXXX some
such and was come to Newastle, ordered her to come into this
River of Thames neer to Gravesend there to be supplyed of what
she wanted and so to proceed on her sayd intended voyage. And
otherwise he cannot depose.

To y:e fifth artle of y:e sd accon he saith It is not usuall to impress the
mates or Boatswaynes of any shipp being upon a voyage and
in case and such be prest it is isuall upon their makeing knowne
their imployment to release them and accordingly he saw that
y:e sayd James Cooke and Maynard Johnson having bene once prest
were released probably upon their making knowne their offices
on boarding y:e sd shipp. And further he cannot depose not being
on board when y:e sd persons were last pressed, and submitted XXXX
without returning to their respective imployments on board y:e
sd shipp

To y:e 6:th arle of y:e sayd accon hee saith that y:e says Maynard Johnson
did behave himselfe stubbornely and peversely on board y:e sayd
shipp not onely neglecting and refusing to obey y:e Masters Commands
but discouraging his fellows in their dutyes, and pticulaly saith
that when y:e sd shipp lay att Newcastle he hearde y:e Master
call to him y:e sd Johnson to call upp y:e Company to assist att y:e
removing of a ??playne for y:e Carpenters who were there doeing some
reparis to y:e sayd shipp, and heard y:e sd Johnson resused to
call them, and heard him allso say, that y:e Mariners were XXX
if they gave their aXX XXXXX or to that purpose. And further he
cannot depose

[Image P1090006]
[f. 170r.]

To y:e seventh arle hee saith taht y:e losse of y:e sayd horses was caused by
and through the weaknes and insufficciency of the sayd stanchions w:ch
were not made so strong and sufficient as they ought to have
beene, as this deponent for y:r reasons aforesayd knowth they
might have bene; and that y:e oversight or care of making y:e
sayde stanchions strong did proply belong to y:e sd James Cooke as
mate and sayd Johnson as Boatswayne. And hee doth verily beleive
ought and might have bene y:e sayd horses had not perished, but had
bene p:served. And otherwise he cannot depose.

To y:e 9:th arle of y;e sayd accon, This deponent saith he dothe verily
beleive by what he hath seene and observed being a planter in
the Barbadoes as aforsd that the sayd horses so lost in case they
had come safe to y:e Barbadoes would have ?reached a thousand
pounds sterling. And that y:e sayd Batson and Company over
and besides what might have bene made of y:e sayd horses have
sufficient losse and dammage to the meanes aforesd to a goad value, but how much in
certayne he cannott sett forth. And
otherwise he cannot depose

The same day Examined upon y:e accon
NICHOLAS HAMMOND of S:t Michaels Cornhill London Barber
Chirurgion of and belonging to y:e sayd shipp Tankerviale
aged thirty yeares or thereabouts a witnesse sworne and
examined deposeth and saith as followeth, vizt.

To y:e first acle of y:e sayd accon, This deponent saith That y:e sayd shipp the
Tankervale Robert Cooke Ma:r was imployed by the sayd Richard Batson
and Company upon a voyage from this port to Gottenburron in Norway
there to take in horses and then to transport them to y:e Barbados
and so to returne for England which he knoweth for that hee was shipped
as Barber Chirugion on board y:e sd shipp for that voyage. And
he severall tymes heard y:e Mariners of y:e sayd shipp and the
sayd James Cooke and Maynard Johnson in pticular say and affirme
that they were hired and had agreed to receive their wages for y:e
sayd voyage att y:e Barbadoes in Muscavadoe sugars att y:e rate
of four pence p pound, and that y:e sayd agreement was drawne up
in writing to which most of y:e sd Mariners had sett their names, and
he

[P1090007]
[p. 170v.]

he y:e sayd Johnson sayd he had sett his marke to y:s same. And he
beleived y:t y:e schedule to y:e accon annexed and now shewne him
is the sayd written Agreem:t CHECK LINE LENGTH
that y:e sayd Cap:t Ma:r robert Cooke shewd y:e s:d schedule to this depon:t and sayd it was y:e sd Ag

To y:e second arta of y:e says accon hee saith That y:e y:e sayd shipp in proYYYY
tion of y:e sayd voyage arrived safely att Gottenburgh, and
there y:e sd Batson and Companies factors did for there Accompt
putt on board y:e sayd shipp about forty five horses to be from
thence transported to y:e Barbadoes, which he knoweth seeing
the sayd horses so putt on board. And saith that y:e care for
stowage and providing and making sufficient stancheons to place
y:e sayd horses did belong to y:e sayd James Cooke as mate and
Maynard Johnson as Boatswayne of y:e sayd shipp; And he
saith that there were boards and materialls enough to have made
the sayd stanchions strong and sufficient and they might have had
the same for that and in case they had pleases, which he knoweth
for that he heard one of y:e sd Batsons and Companies Agents
offer them such materialls of all sorts as were fitt and sufficient
Andotherwise hecannot depose

To y:e third arte of y:esayd accon This deponent saith That within a small
tyme after y:e sayd shipp was putt out to sea from Gottenburgh
with y:e sayd horses, the stanchions in which they were placed did
all or most of them breake, being made as then appeared too weake
and thereupon upon the working and rolling of y:e sayd shipp
in y:e sea the sayd horses fell one upon another and beat and
killed one another so as all of them dyed and were left, one onely
excepted, which hee knowteh to be true being then on board the
sayd shipp in y:e quality aforesayd. And afterwards y:e sayd Cooke
y:e Ma:r and Company brought y:e sayd shipp to Newcastle leaving
the direct course for y:e barbadoes without y:e order or knowledge
of y:e sd batson and Company as hee beleiveth . And otherwise
hee cannot depose

To y:e 4:th arte he saith y:t whilst y:e sd shipp lay att Newcastle notice
was given to y:e sd Batson & Company of y:e losse of y:e sd horses
and order came from them to bring y:e sd shipp into this River
neer to Gravesend. And otherwise cannot depose.

To the 5:th arte hee saith after y:e sayd shipp came into this River
the sayd James Cooke and Maynard Johnson were im prested into y;e
service of y:e Commonwealth and y:e sayd Johnson as seemed to this
deponent and as he beleiveth did like well thereof and used
noe meanes to be freed from y:e service, which he concyveth hee might
have bene if he had made knowne to y:m that pressed him that
he was BoaTswayne of the sayd shipp and that he was upon
a voyage, it being usuall for such to be freed in that case, And
saith y:et both y:e sg James Cooke and Johnson had bene formerly
prest and gott both off agayne upon making knowne ther
quality and imployment on board y:e Tankervale which he
knoweth being on board y:e sayd shipp att both y:e sd tymes of impresting
And otherwise cannot depose

[Image P1090008]
[p. 171r.]

To y:e 6:th arte of y:e sayd Accon he saith, that y:e sayd Maynard Johnson
did severall tymes carry himselfe untowardly and ?disrespectively to y.e
Ma:r of y:e sayd shipp ?whilst he continued XXXX the sayd voyage
and more pticulaly once in a certayne storme that befell the sayd
shipp in which y:e sd ma:r calling him upp, he in this deponents
hearing refused to come upp and swore he would not come And anot
her tyme att Newcastle where y:e sd Master bidding him to call
upp y:e Company to assist y:e Carpenters in removing their ?stayes,
sayd it was not worke belong to y:e Mariners, and that they were
fooles if they gave assistance: And y:e sd Master then bidding him
to give his helping hand he the sayd Johnson swore he would not
the deponent being p:rsent. And the truth is he the sd Johnson was
much given to, and did often use swearing and cursing on board
y:e sayd shipp. And otherwise he cannot depose.

To y:e seventh arte he saith , that he doth verily beleive that in case
y:e sayd stanchions had bene strong enough as they ought and might
have bene the sayd horses had not bene lost, but had bene p:rserved
for he saith y:e sayd stanchions were made onely of deale board
whereas y:e sd Robert Cooke and the Mariners upon y:e stowage did
concerne might have had ?backs and spars to have made them
strong and sufficeint if they had pleased y:e same being in this
deponents hearing offered them att Gotenburgh aforesd so as
in this deponents judgments the weaknes of y:e sd stanchions (of
the making whereof y:e sayd James Cooke and Maynard Johnson
should have had care as mate and Boatswayne) was y:e cause
of the losse of the sd horses in manner as aforesd. And otherwise
he cannot depose.

George Robinson

Abstract & context

George Robinson: deposition of Martin Noell

[IMAGE P10900016]

[f. 214r.]

The 4:th of June 1656
Examined upon the ?forssd accon

MARTIN NOEL of London Marchant aged 42 yeares or
thereabouts sworne and examined.

To the first article hee saith that the aclate George Robinson is his
this deponents servant but permitted by this deponent to trade for
himselfe, and to make use of this deponents correspondent ?Korne
?Parnen of Rotterdam, and with the sd Kornis is now XXXX XXXXXX
a Dutchman borne and a subiect of the States of the United Netherlands
and ?who an Iynhabitant of Rotterdam, from ?whence this deponent
frequently receiveth lres from him in ?the ?run of merchandise

To the second and third and fourth arles XXXX that the sd George
Robinson being this deponents covenanted servant, and XXX ?noe XXX to
trade for himselfe with this deponents permission, had in or about
October ?last told this deponent that hee had a desire to XXXX
a shipp ?at Rotterdam to goe for Spanie to lade oranges and lemmons
for this XXX freight owne accompt and desired this deponents
correspondents, wch this deponent ?promised, and was acquainted with
his writing to the sd R (OR K)XX PaXXX about the sd affreightance
and with the answer of the sd ?Rorus and his signifying that he
had freighted a shipp called the Anne of Brill for his said
voyage upon ?account of the said Robinson and company. And this
deponent hath bin after informed that the said shipp came to St
Lucars and tooke in the said oranges and lemmons upon the said
account, to be brought into the Downes, XXX was to ?expect (Or, await)
further order from M:r Robinson. And further he cannot depose

To the fifth arle ?saith that afterward the sd Robinson
XX to the XXXXX aclate, and XXX between w:th have XXX
And otherwise hee cannot depose

To the 6:th arle hee is very well assured that the oranges
and lemmons and ?corke in question are truely and really belonging
to the said George Robinson and company, and were bought for them
and that they ran the hazard thereof, and XXX XXX is XX XXX
or claim upon XXX in the businesses, but that they are the bery
?moment of this said XXXX

To the 7:th and 8:th and Schedules annexed and w:ch then have
XXXX received very many lres from the said KoXX PaXXX, and
cXXXX were perused the ?foure lres and bill annexed verily
beleeveth the ?said Foure lres to be written and subscribed and the
XXX bill of exchange to be subscribed by the said RXXX PXXXX, and
XXXX thereof to be XXX. And otherwise hee cannot depose.

To the 9:th and 10:th arle XXX all hath of XXX and beleeveth
?that the said shipp in her ?coarse from Spania for the
Downes with the said goods abord XXX was seized by the ?shipps of
this Commonwealth. And otherwise he cannot depose

[f. 214v.]

To the Interrogatories

[12 further lines which I have not transcribed]

Deposed before Godolphin

MARTIN NOELL [Signature]

Alderman Riccard & others touching the shipp the Love

Abstract & context

Legal disputes over the voyage of the Love from Sumatra to London were lengthy. The voyage is mentioned in EFI, 1655-1660.

"The Love, from Sillebar and Bantam, originally intended for Leghorn, had reached London only two-thirds laden, owing to the death of her commander, Elias Jourdain, and thirty-two of her crew. The Spaniards had proclaimed war against ..."^[18]

Deponents:

Robert Tindall, mariner, commander of the Love
Thomas Newman of Mile-end, chirugion

Names mentioned:

Elias Jourdaine, commander of the Love

[Image P10900019]
[f. 242r.]

The ?12th (or 17th) of June 1656

ROBERT TINDALL of the parish of
All Hallowes Barking London
Mariner, aged 48 yeares or thereabouts
sworne before the right hon:le John
Godolphin doctor of lawes one of the Judges of
the High Court of the Admiraltie and examined
upon certaine Interries as witness on the behalfe
of the said Alderman Ricard and others saith as followeth

To the first Interrogatorie hee saith hee well knoweth the said shipp
the Love and was commander of her in her late homewards voyage from
the South Seas, and went out in her from this port thither in w:ch going
out this deponent was master of her. And saith that the lading of
pepper, was ?there tooke in at ?Andropare in the Iland of Summatra
was ?therebie carried to Ligorne and ?therebie delivered,
whither ?ther and ordered by the sd Alderman Riccard and the rest of ?her
Imployers (before and ?upon XXX onre course) to goe and deliver her lading
then XXXXX being from the South Sea, w:ch hee knoweth being
acquainted with the said order and commission, w:ch was given in writing
and w:ch this deponent hath in his custodie, and nowe ?leaveth for the
further satisffaccon of this court and all other have may be therein XXXX

To the second article hee saith that there were one XXXX in the said shipp the
said voyage ninetie five mariners (men and boyes) whereof XXX XXX
three and thirtie died in the voyage, and many of the rest were very
many ?infeebled with sicknesse, and amongst those that died XXX XXX
that Captaine Jourdain (who were XXX commander of XXX) was XXX
who and with departed this life about two dayes after her ?setting XXXX
from Androyone aforesaid to retourne and goe to Ligorne, to w:ch place
and which in was (voyage said departure from Sumatra) fully
determined and XXXX to the said Captaine and this deponent and the
rest

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I have failed to image Image [f. 242v.]

NEW PAGE

[f. 243r.]

[Image P10900022]
[f. 273r.]

On the behalfe of the foresaid Alderman
Riccard and comp touching XXXX

The 16:th of June 1656

William Cowne of the parish of S:t MatXXX
London Mariner aged 24 years or
thereabouts sworne and examined upon the
foresaid Interries

To the first second and third Interrogatories hee saith and deposeth that hee well knew
and was purser and Masters Mate of the shipp the Love interrogated
in an late voyage to and from the Island of Sumatra on the coast of East India,
for w:ch Iland hee saith there went out and proceeded from this port
about eighteene monethes ?time, and ariving there about this time
XXXX moneth (under the conduct of Captain Elias Jourdaine) there tyme
tooke in an lading of pepper, and having taken XX tyme in, departed ?then
to returne for the straights mouth, and XX ??trye for Ligorne to deliver the
?same, according to the order and Instructions given by Alderman Riccard
and the rest of her imployers to the said Captaine, XX XXX XXX
this Captaine ??imported to his officers (of w:ch this deponent was one) in the
said voyage, and this deponent having ???never seene the Commission or
Instructions, left by this witness Robert Tindall well knoweth them
to be XXXX true that the said Captaine Jourdain should XXX depXXX and
XXXX of the officers in the said voyage. And which then after the
said shipp had taken in XX this lading of pepper and was departed
XXXwith for Ligorne the said Captaine Jourdain about two dayes after
her departure, died, and that the said Will Tindall became
commander of her in his place and XXth thereof of her XXXX XXX
very ??surviving XXXX her for her stoXXXX XXX, before w:ch time
of XXXing to the XXXX month XXX XXX that time and two and thirtie
of the company (besides the Captaine) were dead, and those then XXXX
living were many of them XX infeebled with sicknesse than XX were XX
able to give any assistance towards the ??relief of the shipp and most of
the rest now sick and weake, having bin in a very intemperate
climate to take in that lading, and besides XXX XXX in their
retourne XXX and with very fowle and stormy weather XX XXXX
the said shipp was ?become very leaking, XX XXXX till XXXX the
weaknesse and ?inabilitie of the ?many, and the leakinesse of
the shipp, that XXXXXXXXXXXXX found XXX there was noe possibilitie to ?runn her
to Ligorne, without extreme hazard of ??losing her and her lading,
but a necessitie of ?coming for ?England with her; and saith withall
that the difficultie was XXXXX for that the winde was then contrary
to that going into the straights XXXX. And ?saith that the said
Jourdain before he died, and the said Tindall and officers after his death
alwaies determined to carry the said shipp and lading for Ligorne, and
soe they acquainted the company, and they were unanimous in their
determination, till they found they truly could not doe XXX at XXX XXX
vertue of his oath than they could by reason of the promisses
given and extreme danger of the losse of the shipp and
lading, and XXXX XXX XXX XXXXXXXXXXX when had any
XXX from their said Imployers master, to XXXX from XXX XXX

NEW PAGE: I DID NOT IMAGE THE NEXT PAGE

Captain James Barker of the Vine and dispute with chief mate

[IMAGE P1090023]
[f. 307v.]

The 10:th of July 1656

Informacons given by Captaine James Barker
Master of the shipp the Vine of London touching
certaine Misdemeanors committed by John May
his Mate of the sayd shipp in a voyage therein
to the East Indies

1. EDWARD CARR of Westow in the County
of Durham Mariner at first a common mariner & afterwards Boatswaines Mate of
the sayd shipp the Vine aged twenty one
yeares or thereabouts a witness sworne before
the right Wor:ll John Godolphin doctor of Laws
and of the Judges of the high Court of Admiralty
saith and deposeth

That the said James Barker the Master of the sayd shipp the Vine
being bound upon a voyage w:th the sayd shipp to the East Indies
while the sayd shipp was in her outward bound voyage thither theire
happened some differences betwixt the sayd Master and John
his Mate and saith the said Mate being discontented did speake to this
deponent (hee being his turne to goe upon the deck to keepe watch) and desyre him
that hee would take part with him the sayd May and goe upon the
forecastle of the sayd shipp to take part with him in case the sayd
Master should endeavour to yniflict any punishment upon him the
sayd May touching the differences which had happened betweene them
or hee the sayd May spake words to the like effect to this dep:t upon or
about the sixth of June 1655 whereto this deponent answered
& sayd to the sayd May that hee would take his part in a Civill XXX
And saith hee this deponent thereupon went upon the forecastle
where this deponent found divers others of the sayd shippes
Company, and some hand spikes lying by them on the forecastle
And hee further declareth that the sayd May continuing ?say this
discontent

[IMAGE P1090024]
[f. 307r.]

discontent against the sayd Master did afterwards in the sayd
shipps outwards voyage speake to this deponent and tell him that hee
the sayd May would upon hee arrived in India buy a Junke and
goe on hence & leave the sayd shipp and persuaded this deponent
to goe a longe with him the sayd May and this deponent ?thereto replyed
if I forsake the shipp how shall I get my wages whereunto the sayed
May answered if yo:w will goe along with mee I will use a meanes
that yo:w shall not neede to feare getting yo:r wages or the sayd May
used words to the very same effect the p:rmisses hee deposeth for the
reasons aforesayd and saith that the paper showed unto him at
this his examinaccon & beginning ?then, On board the Vine
July the 27:th 1655 (soe farr as ?concerneth him this deponent) was
and is true and was & is subscribed by him this deponent with his
owne hand writeing And further hee cannot depose

EDWARD CARRE [his signature]

The same day

2. DANIELL HARMAN of Lymehouse in the prish
of Stepney and County of Midd Mariner at first Quarter
Master & since Boatswaine of the shipp the Vine of London
aged thirty seaven yeares or thereabouts a witness
sworne & examined saith and deposeth

That James Barker the Master of the shipp the Vine being bound with
the sayd shipp upon a voyage to the East Indies, in the sayd shipps out
ward bound voyage there happened some differences and discention
betweene the sayd Barker the Master, and John May his cheife Mate
and Pylott, which first arose (as this deponent hath heard and beleeveth)
for that the sayd May did demande a greater or further allowance of
wine & victualls in behalfe of the sayd shipps company hee was
allowed of by the sayd Master, and alsoe about the Master takeing from
him the sayd May a Compasse called an Assineth Compasse, And this deponent
heard the sayd Master demand of the sayd May the said Assneth Compasse
and sayd if yo:w (meaning the sayd May) will not observe in it, or make
use of it yo:r selfe, lett mee make use of it, whereto the sayd May answerd
& sayd the compasse was his, and hee would keepe it, or words to that
effect & the master being thereat offended and ?desyrene to make use of
the sayd compasse commanded John Swinburne his boatswaine upon
perill of looseing his wages to take the sayd compasse out of the sayd
Mayes cabbin & give or bring it to him the sayd Master, and the sayd
May thereupon speakeing to the said Boatswaine, charged him that upon
perill of looseing tenn tymes more than his wages, hee should not
meddle with the sayd compasse, And thereupon the sayd
Master bidd the sayd May hold his tongue or else hee would strike him
a cuss on the eare, and the sayd May replyed to the sayd Master that
if hee struck him, hee the sayd May would strike him againe,
XXX which the sayd Master being displeased hee struck the sayd May and

[IMAGE P1090025]
[f. 308v.]

and gave him a push from him soo that the sayd May fell backwards
over a royle of roapes which lay behind him, And this deponent
& others of the shipps Company then p:rsent who sawe the p:rmisses & heard the words
aforesayd passe betwixt them the sayd Master & the sayd May, stepped betwixt
them and persuaded them at that p:rsent to bee quiettm & the compasse being
brought out of the sayd cabbin, the difference ended for that tyme, And
the sayd May still continuing his discontent did afterwards declare
to this deponent in p:rsence of the sayd Swinburne the Boatswaine & this deponent
XXXXX Robert Harwell that hee the sayd May was resolvedd to
goe in the sayd shipp noe further than to Maslapatam and the sayd
Boatswaine being alsoe discontented with the sayd Master and being
resolved alsoe to leave the sayd shipp having heard that this deponent
had alsoe a ??regarde to leave her if hee could gett his wages, sayd to
this deponent, how shall wee gett our wages if wee leave the
shipp, And thereupon the sayd May sayd there is
money in the shipp wee may pay our selves out of that & leave
the rest, whereto this deponent replyed noe I will have noe hand
in any such thing for I am not willing to leave my Country
(meaning England) where his residence was & is) nor bee hanged at
home and farther hee cannot depose

DANIELL HARMAN (his signature)

The same day

3. RICHARD CHAPMAN of Wapping in the County of
Midd Mariner and of the Company of the shipp the
Vine aged twenty one yeares or therabouts, a witness
sworme & examined saith & disposeth

That the shipp the Vine of London (James Barker Master) being
in the yeare 1655 on her outwards bound voyage for the East
Indies, some differences happened betweene the sayd master and
John May his Cheife Mate and Pylott of the sayd shipp, and saith
that one of the differences betweene the sayd Master & the sayd May
was touching an Azimoth Compasse of the sayd Maye, which
he Jayes Master had a desyre to have, (it being as hee conceived better
than his owne) to make use of for the sayd shipps use in her sayd
voyage, w:ch the sayd May (as this deponent hath heard by others of the
sayd shipps Company) refused to lett the Master have to maje use of
and this deponent being at the beginning of that difference in his
Cabbin and hearing a great noise upon the deck of the shipp came
up to see what the matter was, and being come heard the sayd M:r
speake to John Swinburne the sd boateswaine of the sayd shipp, and command
him upon perill of looseing his wages to goe & breake up the sayd
Mayes Cabbin & fetch out the sayd compasse & bring it to him the
sayd Master & hee would leave him out for soe doeing, or to that effect
and heard the sayd May then speake to the sayd Boatswaine and saye
tXX or the like in effect I charge yo:w uponpenalty of more than
tenn tymes the losse of yo:r wages that yo breake not open my cabbin nor meddle
with the sayd compasse or words to that effect whereupon the Master being offended said Master & the sayd May fell to grappling & laying hold one of
another, And the sayd compasse was soone after brought to the sayd
M:r

[IMAGE P1090026]
[f. 309r.]

Master upon the Quarter deck, And hee saith (the said day) after the
premisses soe happened the sayd may meeting this deponent as
hee this deponent was comming out of the ?stowage desyred this
deponent to stand by him and take his part, And sayd if the Master
would not pay him this deponent his wages hee the sayd May would
wherto this deponent answered the sayd may & said hee looked for noe
pay of him, And hee alsoe saith that the sayd Swinburne the boatswaine
did before the difference XXXX XXXX the sayd M:r & the sayd May happened deliver to this deponent his Cutlass & Pistoll to keepe
& this deponent laid them up in his Cabbin but the Cabbin having
noe doore to it this deponent knoweth not who tooke the same out thXXX nor
when it was taken thence, but saith hee sawe the same afterwards vizable the differences aforesayd in
the sayd boatswaines possession, and hee heard the Carpenter of
the sayd shipp & others of the sayd shipps company saye that they sawe him discharge the sayd pistill against an Anchor stock & that the same
was charged with a brace of bulletts, And hee saith that the paper
shewed unto him at this his examinaccon and beginning thus On board
shipp Union July y:e 27:th 1655 soe farr as ?conceveth him this deponent is
truly and was subscribed by him with his owne hand writing And further
hee cannot depose saving his foregoeing deposition

RICHARD CHAPMAN [his signature]

The same day

4. JAMES BAKER of Rederiff Wall in the County of
Surrey Mariner one of the Company of the Shipp the Vine
of London aged nyneteene yeares or thereabouts a witness
sworne & examined saith and deposeth

That in the yeare 1655 hee this deponent went a Common man in the
Shipp Vine (James Barker Master) on a voyage to the East Indies & that
John May went Masters Mate & Pylott of the sayd shipp the sayd voyage In
which voyage outwards bound there happened to bee some differences
betwixt the sayd Master & the sayd John May, and remembreth
that one of the differences was for that the sayd Master desyred of the sayd May
his the sayd Mayes Azimuth Compasse to use, & the sayd May being formerly
displeased with the sayd master refused to lett him have the same, and
the Master being therat offended, commanded one Swinburne the then
Boatswaine of the sayd shipp upon perill of the loss e of his wages to fetch
the sayd Compasse out of the sayd Mayes Cabbin & the sayd May speeking
to the sayd Boatswain sayd this or to the like effect vizt Boteswaine I charge
yo:w upon perill of tenn tymes the losse of yo:w ages that yo:w meddle not with the
sayd compasse, XXXat the Master being displeased struck the sayd may a
boxe on the eare, & he sayes May & the Master thereupon grappled and strugled one with the
other & were at length parted by some of the sayd shipps Company, And hee
saith the same day in the afternoone & not longe after the sayd scuffle
betwixt the sayd may & the sayd Master, the sayd May came to this deponent
& told him that hee the sayd May beleeved that for his sayd
contending with the sayd Master hee should bee brought to the Capsterne and
XXissed or to that effect, and desyred this deponent to take his the
sayd

[IMAGE P1090027]
[f. 309v.]

sayd Mayes part, & sayd if hee this deponent would soe doe, hee this
deponent should fare never the worse, for hee the sayd may would
?send to this deponent his wages, whereupon this deponent
and others of the shipps company
(of which the sayd Swinburne the then boatswaine was one) went upon
the forecastle of the sayd shipp & this deponent seeing some handspikes
there lying, did himslefe heave an other XXX the foXXXX intending
to hinder the sayd master from punishing the sayd May And further
hee cannot depose

JAMES BAKER [His signature]

The same day

5. CALEB KYRNE of Radcliff in the County of Midd
Mariner one of the Company of the shipp the Vine
& Midshippman of her, aged twenty fower yeares or
thereabouts a witness sworne & examined saith and
deposeth

That hee this deponent was one of the Company of the shipp the Vine of
London (whereof which is Master James Barker) in her late voyage to east Indies
which she began from Gravesend about the latter end of December 1654 And saith that John may went Masters Cheife Mate & Pylott
of her for the sayde voyage. And that in the sayd voyage outward bound
in the yeare 1655 there were often differences betwixt the sayd barker & may, And one
tyme the difference betweene them hee remembreth was about an Azemath
Compasse of the sayd Mayes, which the sayd Master desyred of the
sayd may, to use for the sayd shipps use, which compasse the sayd
May denyed the sayd master the use of, whereat the Master being displeased
did in y:e p_rsence & hearing of this deponent & divers others of the sayd shipps
Company command he the Boatswain Hohn Swinborne upon perill
of looseing his wages for disobeying his commands, to breake up the
sayd Mayes Cabbin & bring thence the sayd compasse, and the sayd
May then spake to the sayd Boatswaine & sayd I charge yo:w upon perill
of ten tymes more than the losse of yo:r wages that yo:w lett the sayd
compasse alone and meddle not with it, or to that effect, whereupon the
sayd Boatswaine did not fetch the sayd compasse, & the Master being
displeased at the sayd Mayes words the sayd Master & the sayd May
fell to strugling togeather, & the Master threw the sayd May over a coyle
of roaps which lay iust behinde the sayd may & alsoe struck him the sayd may
whereupon some of the sayd shipps Company that were
next to them parted them, & the sayd Master seeing the boatswaine
did not obey his commands caused his the sayd Masters servant, or
his the sayd masters brother (but which of them hee knoweth not) to fetech
him the sayd compasse, who brought it out upon the deck the p:rmisses hee
deposeth of his sight & knowledge being one of the shipps company as
aforesayd And further hee cannot depose

CALEB KYRNE [His signature]

The same day

6. ROBERT HARWELL of Ratcliff in the parish of Stepney
and County of Midd Mariner one of the Company and a
Midshippman of the shipp the Vine aged twenty five yeares
or thereabouts a witness sworne & examined saith and
deposeth

That the shipp the Vine of London (James Barker master) about the
latter end of December 1654 sett sayle from Gravesend bound on a
voyage to the East Indies & this deponent went a Midshipp man in her
and John May went Masters Mate and Pylott of her the sayd voyage
outward bound, but the sayd May left her at her arrivall at Maslipatam
in the East Indies, therehaving bin frequent fallings out and differences
in the sayd shipps outward voyage betwixt the sayd master and the sayd
May: And saith that there was in the moneth of June 1665 a great difference
& dissention netwixt the sayd Master & the sayd may touching a Compasse
(as this deponent hath heard by others of the sayd shipps
company) but this deponent being a sleeope in his Cabbin when the sayd
difference about the sayd compasse happened, hee this deponent cannot
speake any thing of his knowledge touching the same, but saith that
about three or fower dayes after the same happend, the sayd May came
to this deponent & told him or words to like in effect that by reason of differences betwixt the
sayd Master and him hee did beleebe the sayd master would proceede
to bring hom to the Capsterne & punish him and asked this deponent whether
hee (if the Master should soe proceede) would assiste him the sayd may
to force him from punishment, and told him that Swinborne the Boatswaine
& divers others of the sayd shipps company had promised to stand by him the sayd May & assiste him
that none should meddle with him but the sayd master, And hee
further saith, that some dayes after the sayd May had desyred this deponents
assistance as is before declared, the sayd May being standing by the
??Backe of the sayd shipp accompanies with this deponent and this
p:rentest Daniell Harman and the sayd Swinburne the Boateswaine,
the sayd may entered into discourse concerning wages , and sayd
the sayd master had denyed him his wages, and sayd that if they
this deponent & the sayd Harman & Swinburne would bee XXled by him
hee know there was money sufficeint & more in the stearne ?shealter to pay
him & them their wages and that
they would pay them selves their due out of
it whereto the sayd Boatswaine
replyed that it were better to lett it iust & doe nothing therein till
they came at Meslapatam whether the shipp wer to foe, & then the so sayd
Boatswaine coul dpick a boates Crew to carrie the Marchants & Master
on shorea, & then they might & would pay themselves their wages out of the
money & soe goe on shoare & leave the sayd shipp or words to that effect,
whereto the sayd Daniell Harman speaking to the sayd May in behalfe of himselfe & XXXXXX sayd for

[NEW PAGE]

they would not have to doe ?theavin, XXXX they
should doe soe they must either resolve to forsake their countries (meaning England) or else goe some hither & bee there hanged or
hee spake words to the very like effect And further hee cannot
depose

ROB:T HARWELL H[is signature]

The 12:th day of July 1656

7. JOHN TREDDLE of Ratcliff in the parish of
Stepney als Stobenheath in y:e County of Midd
Mariner aged twenty seaven yeares or thereabouts

Gerrard Lloyd: Moses Bathurst deponent

[P10900052]
[f. 393v.]

The 23:th of September 1656

3. MOSES BATHURST of London Merchant, aged
28 yeares of thereabouts sworne as aforesaid and
examined

To the first Interrogatorie hee saith and deposeth that hee well
knoweth the interrogated Gerrard Lloyd and hath ?so donne for XXXX
five yeares last past or therabouts, and well knoweth that in the yeares

[P10900053]
[f. 393r].

1653, 1654 and 1655 and for ?some time before that the said Gerrard Lloyd
and company had a very greate trade at Seville in Spaine and did there keepe
a house and familie, and had at Sevile and other parts in Spaon a very greate
commerce and traffique by ?many of Marchdize, w:ch hee knoweth for that
hee this deponent lived at Sevill aforesaid with
XXXX ?case where that kept their factory and managed their said trade
and some came to take notice thereof

To the second Interrogatorie hee saith and deposeth that at the time of
the difference breaking forth betweene England and Spaine in the yeare
1655, the said Gerrard Lloyd and company had severall debts owing them
by severall persons residing in Spaine, and alsoe severall goods
merchandizes , and other effects in Sevill, S:t ?Surar,
Cadiz and other parts of Spaine, and household stuff in Sevill aforesaid
all amounting in his estimaccon to the summe or valew of seaven
thousand and nine hundred pounds, ?w:th XXX XXX owing both
private to XXXX XXXX from XXXXX

To the third hee deposeth that the said Gerrard Lloyd and company
lately in this XXX XXX yeare 1656 had severall goods and merchandizes
from the port of London to Cadiz in Spaine in the shipp called the
ffortune of Hamburgh and shipp called the ??ffara in the ffeild,
w:ch hee knoweth being ??privee thereto, and saith that
the said goods, merchandizes XXXX stuff, debts and effects were seized or ??stolen of
by the officers and subiects of the King of Spaine and witheld from the
said Lloyd and company who are XXX deprived thereof, and
have suffered losse and dammage in this deponents estimaccon to the summe
and value of nine thousand and six hundred pounds sterling; XXXX
?with XXXXX this deponent was in Spaine when the said two shipps and
goods XXX XXX and XXX them under the said seizure, and
the said Lloyd and companies goods merchandizes and effects XXXX, ?were
XXXX seized in Spaine, when theire was a seizure or detention of all Empliyment goods

MOSES BATHURST [His signature]
1656

[I have stopped transcription here, though there is a further deposition by Moses Bathurst on the goods]

Anthonio Fernandez Caravachal

[IMAGE P10900033]
[f. XXX.]

The 14:th day of July 1656: Examined XXX on y:e Allegation:

ANTHONIO FERNANDEZ CARAVACHAL of London
Merchant aged 57 yeares or thereabouts a XXXX
sworne and examined saith as followeth Vizt

To the 11:th Arle of y:e said Allegaccon hee saith That hee this dept
in or about the moneths of December and January in the yeare 1655
according to the English style having received here at London severall ?pcells
of Canarie wynes transported from y:e Iland of Teneriffe to this XX
for this depon:ts accompt, did here dispose of and sell the same at XXX
thePrice of Thirty eight pounds sterling p pipe, and thereby is XX
assured and convinced in conscience , that if the Canarie wine in XXXX
belonging to the producent Richard Baber and Company had safely XXX
at this Port of London at or about the time aforesaid, they would really XX
effectually have yielded to the Own:er thereof Thirty pounds sterling
p pipe, all cleare of all charges and incident expenses whatsoever XXX
being as this dep:t hath bin credibly informed of the best sort of wyne
of the growth oy y:e yeare and place aforesaid, and being bound for the
Port in Company with y:e shipp or Vessell wherein this dep:t said ?wyne
were brought and transported to this City. And otherwise cannot depose

To the 13:th Arle of the said Allegatopn hee saith That to the best
of this depon:ts iudment according to his conscience and impartiall XXX
the said Richard Baber and Companie Own:r of the XXXX in XXXX
being (as this dep:t hath bin credibly informed) Three hundred and XXX
pipes of Canarie wines by the losse of the imployment of the proceed?s
or proceed of the said wynes (which proceed hee this depon:t doth ?estimate
might have amounted XXXX thousand pounds sterling and upwards) have suffered losse and really endammaged to the summe of valew of Two Thousand pounds
sterling over and besides their principall, and soe much hee beleives
in conscience y:t they might by Gods blessing have really benefitted ?and
prospered by the imploym:t of such a principall since the time that y:e
same hath bin seized and detained from them by the ??French Companie
and Companies whoe surprized and carryed away y:e same. And ?other
hee cannot depose:

XXXX XXXXX D:r GODOLPHIN [Signature, bottom LH side]

ANT:O f CARAVACHAL [Signature, bottom RH side]

Christopher Boone of London v. Adrian Goldsmith of Antwerp

Abstract & context

Christopher Boone, London merchant, was involved in a commercial dispute with Adrian Goldsmith of Antwerp. The dispute concerned the purchase of a quantity of silver and cochineal through Boone's Seville agent, Anthony Upton, from Adrian Goldsmith's Seville agent in 1654. Boone had delivered as consideration goods to the agreed value. However, the purchased silver and cochineal which was on board four separate ships was seized by the Spanish. At issue was whether the instrument of transference was binding, and whether the disputed silver and cochineal belonged to Boone.

John Wilmott, a London merchant, who was formerly resident in Seville, deposed on behalf of Boone. He was not present at the making and signing of the instrument of transference, but had examined the books of account of both Upton and Boone, and had subsequently read the instrument of transference. He testified to standard merchant practice regarding such instruments.

In addition to pursuing the matter through the High Court of Admiralty, Christopher Boone had already petitioned the Lord Protector in early 1665/6, requesting him to uphold the instrument.^[19]

Transcription

P10900039]
[f. 372v]

The 29:th of August 1656

The clayme of Christopher Boone of London Merchant for
severall parcells of silver and ?Cutcheneale heretofore specially
claymed by Adrian Goldsmith of Antwerpe having bin seized
in the Shipps the Sampson Salvador S:t George and
Morning Star and since legally transferred to him
the sayd Christopher Boone and particularly con-
teyned in the Instrument of transference exhibited
into this Court the 14:th of ffebruary 1654 and
remayning in the Registry thereof: ?Suckley ?Budd

Examined upon an allegation on behalfe of
the sayd Christopher Boone

JOHN WILLMOTT of London Merchant
aged twenty eight yeares r thereabouts
a witnesse sworne and examined saith
and deposeth as followeth viz:t

To the first article of the sayd allegation hee saith that hee this deponent is a
Merchant trading for Spaine and soe hath traded thither for ?these XXXX yeares
last XXXX or thereabouts and lived in Sevill in Spaine in the yeares 1653 and 1654
and severall yeares before that and was in that tyme familiarly acquainted
with the aclate Christopher Boone who in those yeares lived in Sevill as an
Inhabitant there and of this deponents knowledge was a great trader ?there by him
selfe and his Agents and had great correspondence and dealings with
severall Merchants there and in other places within the dominions of the
King of Spaine And this deponent knoweth that the sayd Christopher
Boone did in the yeares 1654 and 1654 by his Agente M:r Anthony Upton and Company deliver to Daniell de Loon and ffrancisco Paninque Agents of the aclate Adrian Goldsmith at Sevill
for his use and Accompts goods and effects of a very great value amounting to
the summe (as he hath heard the sayd Anthony Upton sayeth) of two hundred
thousand Ryalls and more And
further to this acle hee cannot depose

To the second article of the sayd allegation and the Instrument of Transference
in the same mentioned and now showed unto him at the tyme of this his
examination hee saith hee cannot of his certaine knowledge depose any
thing touching the makeing of the sayd Transfference, not being present ?thereunto
But saith that hee hath perused the bookes of Accompts both of the sayd
Anthony Upton the sayd Boones Agent at Sivill, and alsoe the books of
Accompts of the sayd Boone, by both which hee doth finde that thes sayd
Adrian Goldsmith did transfferre and ?sett over unto the sayd Christopher
Boone severall parcells of silver in barrs, and Ryalls, and certayne
quantities of Cotcheneale laden aboard the Sampson Salvador
St George and Morning Starr aclate in consideration of the severall
summes of two hundred thousand Realls And verily beleeveth
and is persuaded in his conscience that the Insztrument of transferrence
aclate now shown unto him is reall and true And was soo XXXX
done in all things as is therein expressed, and was soe had and XXX
before the difference betweene XX England and Spaine, And well XXXX
that at XX XXX XX of the sayd transferrence XXXX in XXX 1654 and before the difference betwixt England & Spaine happendd the XXX
Anthony Upton would have had this deponent to have had a share in the goods XXXX

P10900040]
[f. 373r]

in the says transfference and to have made an allowance to him the says Anthony
Upton in debts and goods proportionably but the sayd Upton / this deponent did
not XXXX ['agree' has been struck out] thereupon the sayd Upton soone after told this deponent that the sayd
transfference was concluded upon and made betweene the sayd Boone & the sayd Goldsmith
and that hee hoped did longe to have notice from England from the sayd Boone
that hee had ?receivedd satisfaction according to the sayd Transfference And
of good Accompt & great trafique in Sivill & therefore beleeveth the effect of
the sayd transfference to bee reall and undoubtedly true And further to
this article hee cannot depose

To the 3. hee saith hee refereth him selfe to the Registry of this Court and
further cannot depose

To the 4th hee daith hee hath used the trade of Merchandize as servant and master, for about ?these seaventeene yeares last past, and ?thereby well knoweth
that it is frequent amongst ?Merchants & their correspondents to transferre
and sell & make over one to an other goods shipped, or debts as occasion
requireth, in satisfaction of such debts as they owe one to an other, paying
transfferences or assignements and hold goods amongst Merchants and
generally ?assignes of by them, & they are thereby obliged to pay and
make satisfaction according as in the sayd transfferences is declared, And
saith without allowance of such transferrences Merchandizeing cannot
bee well acted & continuedd amongst traders ?therein, And further hee
cannot depose

To the 5:th hee saith hee well knoweth the aclate Christopher Boone &
saith hee is now an Inhabitant of this Citty of London and a subiect of
this Commonalty And beleeveth for the reason aforesayd that the sayd
Boone is the true and reall Owner and sole proprietor of the silver
& cocheneale aclate & hath made sufficient and full satisfaction to the sayd
Goldsmith or ?the Agents for the same And by reason of the Transferrence
aforesayd is utterly ??uncapable to present upon the sayd Goldsmith or receive
and other satisfaction of ?him or his Agents for the sayd silver / Cotche-
neale And further hee cannot depose

To the last hee saith his foregoeing deposition is true

To the InterrXXs

To the first hee saith hee is noe way related either by Kindred or allyance
to the producent nor Adrian Goldsmith XXXX nor is interessed in this cause &
came to be a witness in this cause at the XXXX of the producent & expecteth
noe benefit in the goods in question XXX XXXXXX And further cannot answere

To the 2 hee saith hee was not p:rsent at the makeing of the Accompts of
transfference Interrogate but saith As before hee hath deposed that hee verily
beleveth (for the reasons above expressed) that the same Transfference was and
is reall and not colourable & fained And further cannot answerre

XXXX eefore D:r ??ffoorth Surr
XXXXX 7XX 1656 [Bottom LH side of page]

JOHN WILMOTT [Signature, bottom RH side of page]

XXXX

Transcription

P10900042]
[f. 382r]

3. Manuell de ffonseca of London Merchant aged
19 yeares or thereabouts awitness sworne before Doc:r
Godolphin one of the Judges of the high Court of
Admiralty

saith as followeth vizt

To the sayd Interrogatorie hee saith hee well knoweth the shipp the
XXX Interrogate doth belonge to the Interrogate M:r Antonio ffernendez
and was bought at Amsterdam for his Accompt this hee the better
knoweth for that XX same (Or, some) part of the moneye for paying the sayd shipp
was bought paid upon bill of Exchange drawne uppon the sayd
ffernandez at Amsterdam XXX togeather with XXX upon ?Giddon & Rob:t Williams XX XXX & XXXXXX bought her there for the sayd ffernandez
Accompt, and (as hee hath heard & beleveth) ?soe bought her of the
Interrogate John Hohnson And hee this deponent well knoweth that
XXX hath now ?promised to ?dra upon the sole Accompt of the sayd
ffernandez under Command of the Interrogate Robert Williams
as ?master And darther hee cannot depose

MANUELL DE FFONSECA

XXXX before Doc:r Godolphin

Christopher Boone of London v. Adrian Goldsmith of Antwerp, Cont.

The 27:th of October 1657

The clayme of Christopher Boone yr
XXX Budd

Examined on an allegacon on behalfe of the sayd Boone

2. FFRANCIS THORIS of London Merchant aged forty eight
yeares or thereabouts a witness sworne & examined saith
and deposeth as followeth vizt

To the first aclate of the sayd allegation hee saith that hee this deponent
for ?these twenty yeares last past hath used the trade of a Merchant in Spaine
and bin resident in Sivill & other pts of Spaine as a factor for English
Merchants tradeing thither & as a merchant for him selfe and during the yeares 1653 and 1654 and alsoe
in the yeare 1655 lived at Sivill with one M:r Anthony Upton
& Company who were the Agents and correspondents of the aclate
Christopher Boone; and thereby well knoweth that the sayd
Upton & Company agents of the sayd Boone did in the sayd yeares 1653 &
1654

P10900043]
[f. 382v]

1654 receive at Sevill & other places of Spaine severall goods & effects of
his the sayd Boone to bery considerable value vizt to the value of two
hundred thousand Ryalls & a ?few greater value and caused the same to be delivered at Sevill to the
sd aclate Adrian Goldsmith and his Agents for his the sayd Goldsmiths use
and Accompt, And saith that in the yeare 1654 of his this deponents
knowledge the Accompts were made up betweene the sayd Adrian Goldsmith
& his Agents & the Agents of the sayd Christopher Boone and upon
stateing the sayd Accompts the sayd Goldsmith was then found to bee
endebted unto the sayd Boone in the summe of two hundred thousand
Ryalls this hee deposed for that hee then lived with the sayd M:r Anthony Upton the Agent & Correspondent of the sayd Boone and kept his bookes of Accompts concerning the dealinges and trade
which passed betweene the sayd Boone & the sayd Goldsmith And saith
hee alsoe knoweth that the sayd Boone was in the sayd yeares 1653 & 1654
a person who had great trade & correspondence with severall other Merchants
within the dominions of the King of Spaine. And durther to this acle hee
cannot depose

To the second article of the sayd allegation & the Instrument of Transf
ference in the same mentioned & now showed unto him at the tyme of this
his examiniaccon hee saith that for that hee was not a witness p:rsent at
the makeing of the sayd Instrument of Transfference hee cannot depose
thereunto of his owne certayne knowledge, but saith that hee being the sayd
M:r Uptons booke Keeper in the yeares 1653 & 1654 knoweth XX
& by the sayd bookes it appeareth that
the sayd Goldsmith
for use & Accompt of the sayd Boone & in satisfaction of the says two
hundred thousand Ryalls owing by the sayd Goldsmith to y:e
sayd Boone did transferre over to the sayd Christopher Boone
severall pcells of barrr of silver, and Ryalls & certayne quantities
of Cotcheneale laden aboard the Sampson Salvador St
George & Morning Starr all which hee saith hee well remembreth
was soe shipped & the transfferance thereof made longe before the
sayd difference happenedd the same the sayd Transfference and XXX
beXXXX XXXXX out of it of the contracts theref into the sayd M:r Uptons
books of Accompts And saith hee verily beleeveth the Instrument
of transfference aclate now shewdd to him at the tyme of this
his examination to be true & reall and that all things were XX
had & done as therein is expressed And further referring him
selfe to the Registry of this Court hee cannot depose

To the 3 hee saith hee referreth him selfe to the Registry of this Court
& further cannot depose

To the 4:th hee saith that by reasin hee hath used the trade of Merchant tra
dineing for Spaine for these twenty yeares last past as Master and
servant

P10900044]
[f. 383r]

hee ?therebyexperimentally knoweth that it is a usuall & frequent
thing amongst Merchants & their correspondents to transferr and
assigne ??one to each other either goods shipped or debts or bills of exchange
in satisfaction of such debts as they owe to an other, and hee this
deponent within the sayd tyme hath often made such transfferences and
Assignements to Correspondents of his and bin discharged by them
of debts hee ought XXX and hath discharged others of debts owing
to him upon the like transferrences & assignements and saith that
Merchant could not trade one with an other especially in Spaine
And further hee cannot depose

To the 5:th hee saith hee well knoweth the aclate Christopher Boone & that
hee is an Inhabitant of London & a subiect of this Commonwealth
And verily beleveth the sayd Boone by reason of the sayd Transferrence
& his acceptance thereof is the reall & sole Owner & Proprietor of all
the silver and Catcheneale aclate & ?cannot ?revert upon the sayd Goldsmith or XXXX any satisfaction from him or his Agents for the same, & well knoweth the sayd Boone had by his Agents made full
satisfaction to the sayd Goldsmith & his Agents for the sayd silver & Catcheneale
for that hee knoweth the same was Transferred by the sayd Goldsmith
in ?lieu of the sayd debt of Two hundred thousand Ryalls dew by the
sayd Goldsmith to the sayd Boone And further hee cannot depose

To the last hee saith his foregoeing deposicon is true

To the Interries

To the first Interr hee saith hee hath noe relation to the producent Boone
nor to Adrian Goldsmith Interrogate, saving hee was formerly booke
keeper to Anthony Upton & Company the sayd Boones Correspondents at
Civill in Spaine, nor is any way interessed in the clayme Interrogate &
XXXX to bee a witness at the entreaty of the sayd Boone & saith it will
bee noe benefit to him if the goods in question be returned And further
cannot answere

To the 2 hee saith hee was not p:rsent at the makeing of the Accompts betwixt
Boone & Goldsmith, neither was the sayd Boone nor Goldsmith p:rsent thereat
them selves but the same was done by their Agents vizt by the sayd Upton on
behalfe of the sayd Boone & Antonio de Loon & ffrancisco Panninck Agents
of the sayd Goldsmith on behalfe of the sayd Goldsmith, which Accompt after
it was by them agreed upon was by this deponent enteredd into the sayd Uptons
booke of Accompts And further hee cannot answere

To the last hee saith hee was not p:rsent at the passing of the Transference
Interrogate but for the reasons in his foregoeing deposition expressed verily
beleeveth & is psuaded in his conscience that the sayd Transferrence was
reall & not colourable And further cannot answere

XXXXX Doc:r Godolphin [Bottom LH of page]

FFRANCIS THORIS [Signature, RH at bottom of page]

P10900045]
[f. 383v

The same day
Examined on the sayd allegaccon

3. BENIAMIN BATHURST of London Merchant aged 19 yeares or
thereabouts a wittness sworne & examined saith & deposeth as
followeth viz:t

To thefirst & second acles of the sayd allegation & the XXXXX therein mentioned hee saith that hee lived at Sivill in
Spaine for the space of a yeare & somewhat more ended about August 16XX in a
house with one M:r Anthony Upton who & his Company viz:t his brother Gilbert
Upton & Gerrard Lloid were the Correspondents to, and Ahents of the Aclate
Christopher Boone, who as this deponent in the tyme of his residence at Sivill heard) was a great trader & had great correspondence & dealings with severall
Merchants within the dominions of Spaine, and lived at Sivill him selfe diverse yeares
And saith that in the yeare 1654 hee livieing in howse at Civill with the sayd
Anthony Upton & being by him imployed about his Merchandizing affXXsd, hath
by that meanes severall tymes seene & pused the sayd Uptons bookes of
Accompts, & hereby did finde that the sayd Anthony Upton had in the yeares 1653 &
1654 receaved great quantities of goods from the sayd M:r Boone & for his
Accompt, & had disposed of them unto Daniell de Loon & ffrancisco Panninque
(Correspondents & Agents at Civill for the aclate Adrian Goldsmith of
Antwerpe) for Accompt of the sayd Goldsmith, and by the sayd boookes of the sayd Upton
it did to the deponent appeare, that in the yeare 1654 an Accompte
made betweene the sayd Boone & by the sayd Upton sold as XXX Agent to the sayd de Loon and
Panninque Agents of the sayd Goldsmith for Accompt of the sayd Goldsmith
the sayd Adrian Goldsmith was really indebted to the sayd Christopher Boone
in the summe of two hundred thousand Ryalls ?plate, And saith hee hath ?seene
letters of Correspondence beareinge date in ye yeare 1654 & not long after the
month of November of that yeare, sent by the sayd Boone to the sayd Anthony Upton
declareinmg that the sayd Goldsmith had in satisfaction of the two hundred
thousand Ryalls aforesayd which hee was indebted to him the sayd Boone
made an Assignment or Transference of certayne barrs of silver & ?pieces
of eight & a certaine quantitie of Catcheneale which the sayd Goldsmith
had caused to bee laden aboard the Sampson St George, the Salvador / Morning Star, & that hee the sayd Boone had accepted of the sayd Transfference or Assignment
And therefore they should take notice thereof pr to that effect, And this deponent did
afterwards see & observe by the bookes of Accompt of the sayd Upton that the sayd debt of
two hundred thousand Ryalls owing by the sayd Goldsmith was entered as ?discharged
by reason of the Transferrence made as aforesayd, which letter of Correspondence
sent by the sayd Boone to the sayd Upton touching the sayd Transferrence & y:e ?sale
aforesays made in the says Uptons books for discharge of the says Goldsmith from the XX
debt hee this deponent soe sawe before the difference happened betwixt
England & Spaine, & therefore beleeves that the sayd Transfference was XXX
really made before the says difference happened & touching the silver& cacheneale
afterwards seized in the Sampson Salvador St George & Morning Star, & ?further
referring him selfe to the Registry of this Court hee cannot depose

To the third hee saith hee referreth him selfe to the Registry of this Court
and further cannot depose thereto

To the 4:th hee saith hee hath observed for ?these 3 or 4 yeares wherein hee had
bin imployed in Merchandizing affayres that it is a thing frequent among
Merchants

P10900046]
[f. 384r]

and as that hath XXXX hath bin some tyme out of ?mynde) for theX
Merchants to transferr and assigne over goods shipped, debts due,
either by bonds, bill of Exchange, or otherwise, and to an other in ye XXXXX of
XX XXXX as they owe to XXXX they make such transferrences or assignments
to, which transferrance of Assignments are usually among merchants accepted
of & ?hold goods in XXX to discharge them one from an other and it would as hee
beleeveth bee a great hinderance to Merchants in their trade if they should not
allow of them And further hee cannot depose

Matson agt. Naylor

Oliver Langdon, deal merchant: deponent

[P10900055]
[f. 454v]

XXXNaylor.)
XXXXX)

The 12:th of December 1656

Examined upon the libell given in XXX XXX

OLIVER LANGDON^[20] of Wapping Wall Deale Merchant
aged 38 yeares or thereabouts sworne and examined

To the first article of the XXXX libell XX XXX and deposeth that
hee well knoweth the prducent Elizabeth Matson and hath
?soe donne for ?theise tenn yeares last or thereabouts, and XXX XXX
XXXX for all the time aclate hath bin and is owner of the lighter
called the Ellen and Anne aclate (?wch XX well knoweth) and XXXX commonly accompted, wch hee knoweth XXX XXX
from time to time ?mister the said lighter and this XX XXX
hath severall times bought ballast of her that was ?taken
up in the said lighter.

To the second and third articles of the said libell XXX which and?deposeth
that on or about the tenth day of May last the shipp the Mary of
XX aclate rode at anchor in the River of Thames over ag:t
New Crane taking in of ballast in a fitting place where shipps
use to ride and take in ballast

End of page - I did not image any more of this deposition, but worth doing so

XXX

Manuel de ffonseca Meza: deponent

[P10900056]
[f. 549v]

The third of ffebruary 1656

5. MANUEL DE FFONSECA MEZA^[21], Merchant, ?Nephew
of the prXXXX Antonio ffernadez Caravall, aged
19 yeares or thereabouts sworne and examined

To the second and third articles of the said allegaccon hee saith and
deposeth that upon the hiring and affreighting of the shipp the
XXXX ???Marsham (other with the Dolphin) XXXX for the voyage in
question, hee the said Antonio ffernandez Caravajall did lade or
cause to be laden aboard her then lying in the River of Thames,
and bound for the Canaries, severall XXX of ?ffrance linement, and
other goods and merchandizes, amounting in valew to XXXX
hundred pounds sterling or more, for the proper account and
adventure of him the said fferenandez, to be carried in her from that
port to the Canarie Ilands and there to be disposed of for the
advantage and proper acountm and they made thereof take
XXXXX in wines and West India goods, to be returned in the sd
shipp to this port for the said account of M:r ffernandez, XXX
XXX XXXXXXX being acquainted with the buying and
providing the said ??linement and other ?expressed goods by and for the
use of the said M:r ffernandez, and ?paying for the XXXX XXX, and
with the taking them aboard the said shipp in this port for the said
XXXX XXXX XXX keeping not ffernandez
....
John XXXX de Miranda....

[I have stopped transcription here]

Edward Wood et al.:

Thomas Bloodworth, deponent

[P10900058]
[f. 561v]

The 19:th of ffebruary 1656

The clayme of Edward Wood William Bowyer
and Robert Thirkettle for the shipp the Starr
ffrigatt (whereof Richard Haydon was Master)
and her apparell tackls & furniture to the same
belonging taken formerly by Brestmen of Warr
and since retaken by the shipp Constant Warwick
(whereof Richard Peter was & is Captaine) in the
?imediate service of the Comonwealth & brought into
Plymouth: Colquito: Budd

Examined on an allegation in the behalfe of
the sayd Wood Bowyer & Thirkettle dated
the 4:th of December 1656

THOMAS BLOODWORTH of London Merchant
aged thirty two yeares or thereabouts a witness
sworne & examined saith and deposeth as followes

To the first article of the sayd allegation hee saith that this deponent
and M:r William Love & other Merchants of London were in the yeare one
thousand sixe hundred fifty fower lawfull Owners and Proprietors of
the Starr ffrigatt aclate and bought her and of her tackle Apparell and
furniture and of tenn Iron gunnes belonging to her and bought her
of the Commissioners of the Navie for the Commonwealth
in the yeare 1653 and hee this deponent and the said M:r Love and
other the Owners of her sold the sayd ffrigatt with all her tackle apparell
and furniture and the tenn Iron gunnes belonging to her (as by an Inventory
and letter of sale delivered unto the buyers at the sale thereof will appeare) unto William
Bowyer & Edward Wood & Robert Thirkettle aclate which sale were
soe made by this deponent & the other owners, unto the sayd Bowyer Wood
& Thirkettle in or about the moneth of September one thousand sixe
hundred fifty fower for and in consideration of the summe of fower
hundred & seaventy pounds sterling payd for by the sayd Bowyer Wood &
Thirkettle to this deponent & the sayd Love & other the Owners of XXXX
they bought her & XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX from which tyme the said Bowyer Wood & Thirkettle
were the true and lawfull Owners and Proprietors of the
sayd Starr ffrigatt & her tackle apparell and furniture and of
the sayd gunnes & XXXXXXXXX And further to this acle hee cannot depose.

To the ?9:th acle hee saith that hee verily beleeveth and is persuaded in his
conscience that the aclate Edward Wood William Bowyer and Robert
Thirkettle are all English men borne & subiects of this Commonwealth
and saith hee knoweth they are generally repouted soe to bee And
further to this acle he cannot depose

[I have stopped transcription here]

Matson agt. Naylor cont.

John ?Danies of Wapping: deponent

P10900058]
[f. 562r]

Matson ag:t Naylor

The 21:st day of ffebruary 1656
Examined upon the libell

4:th JOHN ?DANIES of Wapping in the parishe of Stepney in the
County of Midd Labourer aged thirty sixe yeares or
thereabouts a witnesse sworne and examined saith and
deposeth as followeth viz:t

To the first arle of the sayd allegation hee saith that in the ?moneth and
tyme aclate & especially in the Moneth of may last past the aclate Elizabeth
Matson was commonly reputed the true and lawfull Owner and proprietor
of the lighter aclate and of her appurtenances And further to this
arle hee cannot depose

To the 2 3 4:th and 5:th arle of the sayd libell hee saith that upon the tenth of May
last the shipp the Mary of Ipswich aclate rode at Anchor in the River of
Thames against New Crane to take in Ballast and rode in a convenient
place where shipps use to ride to take in Ballast And the Lighter aclate was
??there and ?then fast ??procured to the sayd shipps side, and the labourers on board
her (whereof this deponent was one) were ?heaving ballast out of her into
the sayd shipp the Mary And whilst they were soe doeing a hoye called
the Thomasin and Alice being the vessell aclate came downe the River under
sayle in the day tyme about two or three of the Clock in the afternoone of the sayd
day the sayd lighter then lying fast moored to the Mary and the Company
a board the sayd shipp Mary and alsoe those aboard the sayd lighter, and
amongst whereof them this deponent, seeing the sayd vessell the Thomasine
& Alice soe coming directly upon them called out to them and ?desyredd
them to lower their sayle and were to the southwards and and cast out their
Anchor thereby to avoide comming fowle of the the sayd shipp the Mary

End of the image and text, but worth taking a new image to continue examining this case

John Jeffreys, Thomas ?Colclough and Company, and Humfrey Beane and Companie, March 4th 1656

Abstract & context

[Image P1090061]
[f. 628r]

The 4:th day of March 1656:

A buisines of Examination of Wittnesses on the behalf
of John Jeffreys, Thomas Colclough^[22] and Company
Owners and employers of the shipp y:e ?Rappahannack
whereof Thomas Clarke^[23] was Master and her tackle
furniture and lading, And of Humfrey Beane^[24] and
Companie Owners of the shipp the Sarah, whereof
Arthur Perkins^[25] was Master, and of Robert
Lewellin and Companie Owners of y:e goods in the same
against John Sxxoall Captaine and Commander
of the shipp y:e Mary of Amsterdam and the
XXXX of Middleburgh and ag:t
Vandergoose and [Blank in manuscript] ?Coymans and all ushers
Owners of y:e said shipps in pticalar and all others
in generall y.r Smith

Examined upon an Allega-
tion on the behalfe of the said
John Jeffreys, Colclough,
Beane, Llewellin and others

THOMAS CLARKE of
Rederhithe or Redriffe in y:e
County of Surrey late
Master and Commander of
the said shipp y:e Rappahannack
aged 42. yeares or thereabouts
sworne in Court and examined
saith as followeth

To the first Arle of the said Accon hee saith, That in the monethe
of Aprill may June July August and September last past in y:e
yeare 1656 aclate, the aclate John Jefferies, Thomas Colclough
and Companie Merchants of this Citie of London were and at this
present ought to bee the true and lawfull Owners and Proprietors
of the shipp the Rappahannacke aclate, and of the Tackle appurtenances
and furniture, and XXX and as such they the said Jeffereys Colclough
and Companie were and are generally accompted reputed and taken
The premisses hee this depo:t sathm hee well knoweth, for that hee was
for all the time predeposed and for severall moneths proceeding the
same, and till the time of the seizure hereafter XXXX, Master and
Commander of the said shipp, and was soe constituted appointed and
made by the said John Jeffereys Thomas Colclough & Companie
in the quality of the Lawfull Proprieto:rs thereof as aforesaid
Hee further saith, That y:e aclate Humphrey Beane and
Companie alsoe Merchants of this Citie were the true and Lawfull
Own:ers of the aclate shipp the Sarah whereof Arthur Perkins was
Master, as this dep:t hath receoved from common and credible ?papers
touching the saidproprietie; And saith this dep:t hath alsoe credibly
heard by and from y:e said Arthur Perkins y:t the aclate Robert
Llewellin alsoe Merchant of London had freighted y:e said shipp
Sarah for or upon a yoyage from London to Guiney and from thence
to Barbadoes and Virginia and from thence to London, in which voyage
the said shipp was surprized and seized as hereafter shall bee
?deduced. And further to the Arle hee cannot depose

A couple of lines of text are missing from the bottom of this image

[Image P1090062]
[f. 628v]

Thomas Colclough and Companie did sett out and XXX
the said shipp y:e Rappahanacke upon a tradeing voyage from the
Port of London to Guiney and from thence to Virginia XXX
they did XXX putt or cause to bee putt on board the said shipp XX XXX or
vessell XXX, scarlett cloath, cowryes, callicoes * XXXX linnen
for the prop use and accompt of the said CXXX to bee XXXX XX in the
p:ts of Guiney and thence to bee bartered away for Negroes and
XXXX from thence to bee transported to Virginia nd there to be XXX
or otherwise disposed of for y:e accompt and benefitt of the said
The premisses hee saith he XXX knoweth for the XXX XXX
And otherwise cannot depose, saving that y:e said shipp w:th y:e
said goods safely arrived in the pts of Guiney aforesaid under y:e
conduct of this deponent.

To the third Arle hee saith That hee this depon:t hath likewise been
credibly informed, and hath understood for and as a reall XXX by the
said master and some of the Companies of the said shipp XXX
That the said Robert Lewellin had in this port of London
about the moneth of ffebruary which XXX for the yeare 1658
Laden and putt aboard the said shipp a cargaison of goods and
Merchandises prop to be transported to the s:d pts of Guinney, and
there to bee bartered away for Negroes to be transported to y:e
West-Indies and there to be disposed of according to y:e direction
and for the accompt of the said Lewellin. And saith that hee this
deponent saw y:e said shipp Sarah safely arrived at Guiney aforesaid
and that y:e said outward Cargo or the most part thereof was there bartered awy for
Negroes. And further hee cannot depose:

To the 4:th Arle hee saith, That hee this depon:t with y:e said shipp y:e
Rappanhannack and goods in the same safely arrived in the pts of
Guiney upon or about the 14:th of ffebruary 1658. last parst and XX
there this depon:t by order of his said Owners being Master and
Supercargo of the said ship and goods did traffique and barter
away part of the said shipps outward Cargoes and did XXXXX XX
gaine and provide the number of fiftie three or fower Negroes, and had
soe much of the said outward Cargoe remaining undisposed of
as would have produced upon barter one hundred Negroes more
which hee this depon:t could with ease have offered within
a very short spate of time Hee further saith, That by the
credible relation of the said Master and some of ?the sd Companie
of the said shipp Sarah, the outwarde lading of the said shipp and

A few lines of text missing at the bottom of the page in the image

[Image P1090063]
[f. 629r]

the Sarah had likewise been thence bartered away and XXXX in
16?7 Negroes or thereabouts and that they were in the quiett and
peaceable possession of the same upon the high and open Seas neere
the said shipps and their respective ladings were ??surprized andto XX
?part hereafter XXX to bee ?deduced, And further hee cannot depose

To the 5:th Article of the said Accon hee saieth That in or about the
moneth of September 1656, and upon y:e 11:th day of the said moneth
according to y:e English style, the said shipp the Rappahamack under
y:e Conduct of this depon:t being at sea with y:e said 53 or 54 Negroes
and the residue of her said Cargo, and sayling towards and
being in sight of the said Cape de Lopes upon her quiett and peaceable trading
was mett with by two dutch shipps the one called the Marye of
Amsterdam, and the other called the ?Unicorne of Middleburgh both
of them being commanded by the aclate John SXXoll a Dutchman
and Subject of the States of the United Provinces, which did then in
a violent and hostile manner sett upon surprize and take the said
shipp y:e Rappahannacke togeather with her Tackle furniture and
Negroes and the rest of her lading, and dispoyled and utterly deprived
this depon:t and Companie thereof and converted y:e same to the use
and benefitt of the said John Scroll and Companie. The premisses hee
knoweth by sadd a psonall experiences. And further saith, That by and
according to the credible relation of the said Arthur Perkins and Comp:nie
the said two Dutch shipps in the moneth of August, immediately
precedent had alsoe in a violent and
hostile manner assaulted surprized and taken y:e said shipp y.e Sarah
and her tackle furniture and Negroes aforesaid shee being at an anchor
at or neere Cape de Lopes aforesaid, and had dispoyled and deprived
said Master and Companie thereof. And that indeed this depo:t being
himselfe and his said shipp shortly after surprized and taken as afores:d
did soe the said shipp Sarah in the power and possession of the said
John Scroll and of those under his Command in the said Dutch shipps
And further cannot depose

To the 6:th hee saith That the said shipps the Marye and y:e
Unicorne at the time of the surprizeall of this deponents said shipp y:e
Rappahamarrke were Dutch shipps, that is the Mary was and is a
shipp built at Amsterdam in Holland, and the said shipp y:e Unicorne
a shipp which had beene taken by the Holland:ers or Zealanders from y:e
Portugueze and had been repaired and built upon in Zeeland, and saith
That at the time aforesaid both the said shipps carried Spanish Colours
but the night immediately prceeding the said seizure, this depon:t had
seene them carry the Colours of Middleborough in Zeeland And farther
saith that the said shipps were from y:e said United Provinces sett out

[Image P1090064]
[f. 629v.]

to sea each of them with a cargo of goods to trade at Guiney [?for]
Negroes, and pticulalry that one ?Vandergoes of Zeeland XXX XXX
principall ?Owner and imployer of the said shipp the Unicorne
was alsoe interested in the other shipp y:e Mary and that the ?said
Vandergoes and others the Own:rs of the said shipps the Mary and
Unicorne were Dutchmen and Subjects of the said States of y:e
United Netherlands Provinces, ??All which the premisses of this dep:t
saith hee hath understood and beene very credibly informed of XXX
before the seizure of the said shipp the XXappahamarck and the
one Lucas ?Carrots Master of a shipp in XXXX belonging to Holland
then trading in these parts with whom this dep:t XXX at the XXX
dayes before y:e seizure of the said shipp XXappaXXXX XXXX the
depon:t asking whether there were any men of warr upon y:e XXX
answered noe, but that there were some Dutch Merchant shipps
and that hee knew where their Own:rs and Imployers lived, XXXX XX
hee know where his owne Own.rs lived, and that if hee were in
Amsterdam hee could presently goe to their or severall of their houses
habitations in that place, and moreover that therefore hee did not
feare them under any such notion, And ptly for y:t the said
Commander John Scroll and the Gunner of the said shipp y:e
Unicorne (this depo:t upon y:e said seizure being brought on bord XXX
and there continueing a prisoner for about 6 weekes after) did
sevearall times declare in the hearing of this depon:t that the said ships
were sett out, as aforesaid, by the said Vandergoes and others subject
of the States of y:e said United Provinces, and saith that XXX
said Scroll and one Claes or Nicholas ?Praine Merchant or
Supra Cargo of the said shipp Marie did aboard y:e said shipp
Unicorne declare to this depon:t that they had in and about y:e
said shipps a Cargaison for y:e procureing of two Thousand
ffive hundred Negroes to be transported to ??Carthagona in the
West Indies there to be disposed of and sold for y:e use of XXX
of such their Dutch ?Proprietors And further said That soe long as
this depo:t continued a prison:r in and aboard the said shipp Unicorne
hee well observed that all or the most pt of their shipps XXX
and provisions consisted in ?grett, ?horse ?beXxanes and other XXXX
usually employed in shipps fitted and victualled from Holland and
other united provinces, and that severall of the said shipps ?Companie
then confessed, that the provisions of beef, and sundry XXXX of
water which they then had aboard y.e said shipps had beene by XX
taken in, in the said united Netherlands, or words and expressions
to that or the like effect. Hee further saith That hee this depon:t

[Image P1090065]
[f. 630r.]

was not present at the seizure of the said shipp y:e Sarah and therefore
doeth not know, what colours y:er said Dutch shipps carried at the time
of the said seizure otherwise than that hee hath credibly understood both
by the said Captaine Perkins and by severall of his Companie, thyt y:e
said Dutch Shipps at the time of the said seizure were or carried the
Hollands or Middleborough colours as this XXXXX now remembreth
And further cannot depose

To the 7:th hee saith, That by and according to y:e confession of the said
John Scroll and severall of his companie made to this depo:t during his
said imprisonment, hee the said John Scroll was an inhabitant of or
neere ??Monnisbondam in Holland, and that this depo:t during his said
restraint well observed abnd to the pticular notice y:t the said Scroll and
the Gunner, Steeresman, Chirurgion, Boatswaine, Carpenter and
Saile-maker and many others both Officers and common men aboard
y:e said shipp were Dutchmen subjects of the said States of the United
Netherlands; and that they generally acknowledged themselves soe to
bee, and that they were sent and employed out of the said United
Provinces for Guinney aforesaid. Hee further saith, That during
such this depon:ts restraint, the said Dutch shipps giving chase to enother
English shipp, whuch had beene tradeing in thoses parts of Guinney and
was then bound thence to y:e east Indies, by name the Lion and
Providence, whereof was Captaine Timothy Craven, the said John
Scroll within this depo:ts sight and observation caused two gunns to be
fired at or against y:e said English shipp with intent to make y:e
same strike sayle to them & y:t a sword being brandished upon y:e said English
shipp in manner of Defiance, or that they would to their power defend
themselves, as is usually understood in such Casesm thereupon
the said Scroll tooke up a sword and brandishing y:e same said in Dutch
theise words or the like in effect, [Italics added by this editor] Ick hebbe mel een sweerde, ick
sal straax bÿ u comen, and soe by the said Scrolls order and direction
severall great gunns were discharged at and against the said English shipp
till such time, as shee was necessitated to submitt and surrender to y:e
said shipp the Mary then Admiral of the said Dutch shipps
which during all y:e said Conflict carried the Spanish Colors, but
when they first espyed any strange shipps, and particulalry when any of
West India shipps of the said United Netherlands came
neere them, they constantly carried the Middelborough Colo:rs and
saith that that place being beyond the Line, upon occasion of such
meeting, if the said shipps the Mary and Unicorne had beene
Spanishe, they and the said other Dutch West India shipps
would in all probability, and according to common and usuall custome

[Image P1090066]
[f. 630v.]

either have ?attacked or beene attacked by the Dutch, for y:t this XXXX
?Doth not usually tolerate any shipp or shipps of other nations ??tradeing ??in
y:e West Indies And further hee cannot depose

To the Eighth Actle hee saith, That every one of the said XX XX XX
Negroes which this depon:t had on board his said shipp y:e XXXXXX
at the time of the XXXX XXXXX, and alsoe the hundred Negroes XXXXXX
this depo:t intended to have procured with the XXX of the XXX outward
Cargoe would have given and produced in Virginia being the
place to which they were designed, thirty pounds ?ster:g at y:e
least, this depon:t before hee sett forth upon y:e voiage aforesaid
haveing here at London been offered 25:li sterling ready money ?for
?such Negroes hee should procure and deliver at Virginia XXXX
and to have the benefitt of the moneys for y:e whole voiage, XXXX
would have procured rather more than ??less benefitt than that XX
is by him preXXXed, And further saith, That hee this depo:t
verily veleeveth, That the 160 negroes or thereabouts in and on
board the said shipp Sarah at the time of her said ?surprisall by
by being designed for Virginia or the Barbadoes, would have XXXXXX
?produced to the Owners 30:li XXXX p head, or the worth thereof
in goods and ?Commodities of those Countreyes, And this dep:t
saith That about the eighteenth or 20:th day of December ?thatt this
depo:t after y:e seizure aforesaid being come to y:e Barbadoes, ?there
was credibly??informed by M:r Giles Thornbury Master of and English
Vessell then newely come in therewith Negroes from y:e XXX
of Guinney aforesaid, that hee had sold and disposed of them XXX
with another for 27 hundred weight of sugar p head, ?and a
hundred being there valewed at five and XXXX shillings, which is
more than y:e summe by him predeposed, And further cannot depose
saveing that the Negroes ?psons, which hee this depon:t had soe pcured
were all of them lusty young persons and soe hee intended to
have procured the remaining hundred of negroes, soe that they
would without any difficulty have procured the valew by him
predeposed and upwards. And further hee cannot depose

To the 9:th hee saith, hee knowing nothing of the contents of XXXX
further or otherwise than hee predeposed, for that hee this
depo:t was not at any time about y:e said shipp Sarah XXX XXX
their at the said Scroll and Companie had taken all y.e goods
and Negroes in question out of the same

To the 10:th Actle hee saith, That the said shipp y:e XXXXXXXXXXX
being a shipp of the burthen of 220 tunns or thereabouts

[Image P1090067]
[f. 631r.]

bearing eight peeces of Ordinance togeather with her tackle apparell
furniture and provisions for y.e shipps companies and negroes were
at the time of the seizure aforesaid really worth the summe of Two
Thousand seaven hundred pounds sterling money of England, which
hee knowth for that a sixteenth pt of the said shipp before shee was
soe fitted and furnished to sea upon y:e voiage aforesaid, of this depon:ts certaine knowledge was by Richard Bull the former Master and pt
Owner thereof, sold unto y:e said Jeffereys and Colclough for ine
hundred pounds at the least, soe y:t the whole shipp in the condition shee
then was did after y:t rate amount unto 1600:li or thereabouts and with
y:e addition of all necessary tackle apparrell furniture provisions and
all conveniences for such a boiage and service, this depon:t is in his Conscience
and to the best of his Judgement fully convinced and assured of the value
of the premisses as hee hath predeposed y:e same, And as to y:e said
shipp y:e Sarah, hee cannot depose anything knowlingly, as to the value
thereof, nor touching the freight or mens wages in and aboard y:e same
the voiage in question. And further or otherwise hee cannot depose

To the 11:th hee saith, That about two moneths after y:e
seizure of the said shipp ?Xappahanmark the said Scroll and Companie
redelivered unto the Companies of the said surprized shipps, and of two
other English shipps, which they had alsoe thereabouts surprized and taken,
the said shipp Sarah, they haveing taken out of the same all the provision
of Victualls, saveing two butts of beanes, two barrells of beefe, one hundred
of Stockfish and about 5. or 600. weight of bread, togeather with
some tunns of water, the Company then by them putt aboard y:e said
shipp Sarah being about 70. psons, and being strictly ordered and
enjoyned by the said seizo:rs to goe directly for England upon paine of
forfeiture of the said shipp if they deviated or tooke any other Courses or ?voiages ??20:th
would have required about three moneths time, but this depon:t and the said
Arthur Perkins & the rest of the seized shipps companie soe putt on board
the said shipp Sarah finding that such provisions were altogeather insufficient
for such a Companie and voiage, and haveing but one ?entire anchor; and one
peece ofa cable of about 50. or 60. fathom, and one suite of sailes very
thin and insufficient for such a voiage, and being unwilling to expose their
lives to such imminent and almost inevitable danger, they sailed from
Cape de Lopes aforesaid to y:e Island of S:t Thomas, where they were
necessitated to sell the said shipp y:e Sarah for Victualls to keepe them
alive and to furnish another small Vessell, which they there procured to
carry them to y:e Barbadoes, there to gett passage for England, and saith
if they had not steered y:e Course and sould the said shipp to the use and
intent aforesaid, they must in all probability have perished for want of
Victualls. The premisses hee declareth and knowth by sadd experience
to bee true And otherwise to this Acle hee cannott depose

[Image P1090068]

[f. 631v.]

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End of images for this deposition - go back to physical manuscript to see if there are further depositions. Also search elsewhere for any financial accounts of the voyage

Possible primary sources

Related to Cooke & Johnson vs. Batson

TNA

C 6/136/169 Short title: Watkins v Merchants of London. Plaintiffs: Mary Watkins widow. Defendants: Governor and Company of Merchants of London Trading into the East Indies [East India Company] and Richard Batson. Subject: money matters, London, Middlesex. Document type: bill, answer. 1657
C 6/140/88 Short title: Mackleir v Batson. Plaintiffs: Sir John Mackleir kt. Defendants: Richard Batson and William Chamberlayne. Subject: money matters, Middlesex. Document type: bill, answer, inventory. 1657
C 6/163/3 Short title: Batson v Bendish. Plaintiffs: Richard Batson. Defendants: Sir Thomas Bendish baronet and John Bendish. Subject: property in Haverhill, and Helions Bumpstead, Essex. Document type: bill, answer. 1663

C 10/13/142 Peter Thelwall v Richard Batson: money matters 1651
C 10/57/150 East India Co. v. Batson 1650

PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667
PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669
PROB 11/460 Dyer 46-88 Will of Thomas Batson of Stepney, Middlesex 23 April 1701, pp. 8

PROB 11/367 North 95-141 Will of Edward Lewin of Stepney, Middlesex 11 August 1681, pp. 6 (identical to "Edmond Lewin", a partner of Richard Batson in a Minories Glasshouse?)

Essex Record Office

Essex Record Office: D/DQ 41/39 : 2 October 1663: Deed to lead to the uses of a common recovery^[26]

(i) Sir Thomas Bendish of Steeple Bumpstead Baronet, John Bendish son of Sir Thomas Bendish, his wife Martha Bendish
(ii) Richard Batson of London, merchant, Thomas Batson the younger of London, merchant
(iii) Thomas Plampin of London, silkman and and Francis Pemberton of the Inner Temple, London

In consideration of the marriage of John Bendish and Martha, daughter of Richard Batson. Recites marriage settlement of £6000 and articles of agrrement of 13 July 1663

The manors and lordships of Steeple Bumpstead, Bower Hall, Royley, Robtofts, Bendish, alias Old Hall, Bloyes [Blois] and Waltons, in the parishes of Steeple Bumpstead, Ridgewell, Hempstead, Stambourne, Helions Bumpstead and Haverhill, farms called Waltons, Old Hall, Old Parke, New Parke, an unnamed farm in the tenure of Robert Bun, Stambourne Farm, Bloyes, Smith Green, the Mill Ground, farms in the tenure of Mrs Perry, widow, Dean Farm, unnamed farms in the tenure of Richard Pepys, John Renolds, Thomas Arnett, Thomas Fitch, George Whale and all other messuages owned by Sir Thomas Bendish and John Bendish in the above parishes

Notes

Related to Cooke & Johnson vs. Batson

Richard Batson land holdings on Barbados

"Table 11: Merchants who bought land in Barbados in 1647^[27]

Martin Noell, James Noell, William Seeman 67.5 acres Consideration: £800 8 March
Colleton, John 80 acres Consideration: £250 14 March
Henry Quintyne 77 acres 10 April
Martin, James, Stephen, and Thomas Noell 5 acres Consideration: £30 14 April
Thomas Walker, John Webster, Nathan Grafty, Philip Holman 10 acres 17 April
Walker, Webster, Grafty, Holman 80 acres 18 May
M.,J., and T. Noell 21 acres Consideration: £160 29 May
Laurence Chambers 300 acres Consideration: £20,000 2 June
Walker, Webster, Grafty, Holman 30 acres Consideration: £300 9 June
Richard Ellis 25 acres Consideration: £40 11 June
Thomas Mathew 184 acres Consideration: £5000 13 June
Richard Batson 40 acres 1 July
Walker, Webster, Grafty, Holman 18 acres 1 July
M., J., S., and T. Noell 20 acres Consideration: £200 July
Nathaniel Starkey 23.5 acres 7 August
M., J., S., and T. Noell 6.5 acres Consideration: £32.6 20 August
Beatrice Odiarne 60 acres 9 September"

Batson involvement in Barbados

"[Sep. 10 1650]. Order in the Admiralty Committee that Richard Batson, Michael Davison, Paul Painter, and Mr. Fenwick, merchants, attend tomorrow, concerning a petition against them by the master and company of the Constant. [I. 123, p. 458.]"^[28]

See related to above: "Feb. 17. 1671. London...414. I. List of subscriptions to be paid within 10 days to Jacob Lucie for the service of Barbadoes, advanced in pursuance of a letter of the Assembly of 17th November last, viz.:—Sir Paul Painter, Henry Drax, Giles Sylvester (in behalf of his brother Constant), Edward Pye, Thomas Wardall, Jacob Lucie, John Bowden (for himself and John Sparke), John Bendish, John Gregory, Ferdinando Gorges, Sir Peter Colleton, John Searle, and Phillip Bell, 10l. each; and Robert Legard, Thomas Batson, and John Worsam, 5l. each; total 145l., January 28, 1671."^[29]

"[October 3rd 1652] Order of the Council of State. For a warrant for Richard Batson to transport 20 draught nags to Barbadoes for the use of his sugar mills there. [Ibid., Vol. LXI., p. 71.]"^[30]

"[June 11th 1653] Orders of the Council of State. For a warrant for Martin Noell, Richard Batson, John Manniford, Wm. Chamberlaine, Wm. Draxe, and Sam. Cox, merchants and planters in Barbadoes, to transport thither 30 horses, upon the usual terms. Petition of Sir David Kirke to be referred to Committee of the Admiralty. For a warrant to permit John Evans and Peter Mackerell to export to Barbadoes 10 nags and 100 dozen of shoes, upon paying the usual duties. [INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75.]"^[31]

"17 December [1660]. Declaration made by Richard Batson, merchant of London, that he had appointed his nephew Thomas Batson of Barbados, merchant, to confirm a sale made by him on 7 May 1658 through his attornies William Tickell and Nicholas Martin of Barbados, merchants, of 200 acres known as Spring Plantation to Daniel Searle, Governor of Barbados. (MCD 10)^[32]

1661.

[Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and about London, to the King. Whilst petitioners were endeavouring to lay before His Majesty some disadvantages that arose in Barbadoes by the Patent of the Earl of Carlisle, and praying either for no change of Governor or a disinterested person to be appointed, and were addressing certain proposals to the Lord Treasurer, letters from His Majesty were procured which have removed the Governor and given countenance to some settlement intended by Lord Willoughby, which tends much to the grief of petitioners and many of the ablest planters. Having stated to the Lords Chancellor and Treasurer the illegality of the Earl of Carlisle's Patent, and the advantage to His Majesty in sovereignty and revenue, in case the Planters have an immediate dependence on His Majesty, petitioners pray that fresh letters may be sent to Barbadoes, intimating His Majesty's resolution of taking the Plantations in America, and particularly Barbadoes, into a more immediate dependence on the Crown ; what the Crown will do for them ; and what it expects from them. Petitioners are confident that if no such despatch speedily be made the present power may be so made use of as many of the best planters may be forced to withdraw. Signed by Peter Lear, And. Riccard, Richard Batson, Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell, Tobias Frere, Thomas Kendall, John Roberts, Will. Chamberlaine, Jona. Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1, 1660-1. 1 p. [Col Papers, Vol. XV., No. 25.] FootNote(''Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668'' (London, 1880) p. 14). See http://www.archive.org/stream/1964colonialrecordsc05greauoft#page/14/mode/2up, viewed 17/12/11

East Indies

"A letter addressed to the Governor and Committees for the Fourth Joint Stock is presented, * being the desires of divers of the adventurers in the Voyage. It suggests that all the goods now come from Bantam in the William, the Dolphin, and Advice ought to be for the account of the Second General Voyage, these ships being freighted and imprest money paid to them by the said Voyage and the Governor having often been heard to say in court ('although this be not booked downe ') that 'wee might not expect to have our shipps come home full fraight, but that the Joynt Stock had a good quantity of pepper and other goods ready at Bantam and other adjacent parts, which should be laden for accompt of the said Voyage, they allowing interest to the Stock for the time they should be out of purse of their moneys in providing the said goods *. If it had been expected otherwise, the Stock would no doubt have provided its own shipping and not laid the burden upon the Voyage. Yet wishing to comply with the desires of the Stock rather than to create a difference, the subscribers will waive the undoubted right of the Voyage to the said goods, provided that a like quantity of goods may be laden for account of the Voyage in the Endymion and Anne this ensuing year, which cannot in justice be denied, since letters from the factors report that they go on buying goods for account of the Voyage ready to lade on the ships. It is further proposed that no advantage should be taken of the order for turning over the remains of the Voyage to the Joint Stock at s. 6d. the rial, and that it be understood that, when the Ruth, Endymion, and Amte are laden, what remains, if it does not exceed 10,000 or ia,ooo rials, may be transferred to the account of the Stock, 'for that we desire to putt a period to the Voyage.' After consideration this letter is approved, confirmed, and directed to be presented to the Committees for the Joint Stock. There being an allowance of five per cent, made by the book of rates upon all linen cloth, Mr. Vivian proposes that the Committee of the Navy and Customs may be petitioned for a similar allowance upon calicoes ; this the Court consents to do if the allowance is denied, but not before. The Council of State wishing to buy the Company's saltpetre for the use of the Commonwealth, it is resolved that, if an officer is sent about this business, the Committees shall be called together to treat with him. Mr. James, formerly master of the Bilbao Merchant (now called the Bonito), bought for this Voyage, is given 10/. as a gratuity ' for parting with his shippe '. No pepper, calicoes, or saltpetre to be sold at the next court of sales.

"[August 17, 1649] The following names are appended: John Robinson, Nicholas Corsellis, William Pennoyer, Thomas Hall, Robert Thompson, Samuel Pennoyer, William Harris, Richard Batson, Michael Davison, William Thomson, John Woods, Martin Noell, Cornelius Mounteney, James Houbolon, John Casier, Adam Laurence, Hugh Norris, William Boene [CSG: I suspect this is an error for William Boeve], Thomas Harris, and Ahasuerus Regemont."^[33]

Richard Batson will, 1667

"RICHARD BATSON of B'dos, Citizen & cutler in London. 12 June 1667 (Carr 99) My only child Martha wife of John Bendish. Nephews Thos & Henry Batson who are my factors in B'dos. Storehouses there which I recovered from John Ford. Brother Willm. Batson, father of sd. Thomas & Henry & Richard another of his sons. Brother Thos. Batson & his wife & son Richard another..."^[34]

Possible investment in London glasshouse

"Minories or Goodman's Yard Glass House

This glass house is known to have been in use before 1641, when it was owned by Sir Bevis Thelwell, who had been a partner in a glass making enterprise 30 years earlier. In 1651, two merchants Richard Batson and Edmond Lewin obtained a twenty-five and a half year lease on the property and later sub-let it to practical glass makers. It was the subject of a Chancery Law suit between them which dragged on from 1657 to 1663. By 1677 Batson had dropped out and Lewin was apparently making bottles (but probably elsewhere). Lewin was probably one of the four furnace masters mentioned by Alberti, the Venetian ambassador in February 1673/4 as wanting to prohibit the import of Venetian glass. On 1st April 1678, Michael Rackett 'Master of a Glasshouse...for making white and green glasses in the Minories without Aldgate' made an agreement to supply the Glass Sellers Company to regularly supply them with 'white glasses'. From 1661, this glass house supplied the newly-formed Royal Society with glassware and it was one of two glass houses mentioned by the scientist Robert Hooke in his diary. He visited it on Thursday December 4th 1673 and again on Tuesday January 1st 1677/8, but on the latter occasion the fire was out (probably due to the change over between Lewin and Rackett at the end of the lease). It is also a likely source of information for Christopher Merret in 1662 when he was compiling his notes on his translation of the Italian glass making work by Neri. In December 1680 Michael Racket was recorded as shipping glasses to Jamaica. He was last mentioned working there in 1691. In 1692 Robert Hookes and Christopher Dodsworth and their shareholders bought-out a number of London glass houses, including one "manufacturing green glass at the Minories outside Aldgate". On 16th March 1699/0, the Flying Post mentioned that this glass house was making drinking glass and all other sorts of glasses and it was then owned by "Craven Howard Esq. and other trustees". Earlier that year it had been advertised to be let."^[35]

Christopher Boone

Names mentioned

John Willmott^[36] of London, merchant (Spanish merchant, lived in Seville) - deponent
Francis Thoris - deponent
Benjamin Bathurst - deponent (lived in Spain for the space of a year +, in Seville, ending about August ?1654 in a house with one M:r Anthony Upton, who & his Company vizt his brother Gilbert Upton & Gerrard LLoid were the correspondents to and agents of the aclate Christopher Boone

Daniell de Leon & ffrancisco Paninque (alias Panninck), agents of the aclate Adrian Goldsmith, at Seville. These correspondents dealt with Christopher Boone's correspondents (Anthony Upton..), also in Sevill
Adrian Goldsmith, Antwerp
Anthony Upton^[37], factor, Seville

Ships: Sampson, Salvador, St. George and Morning Star

PROB 11/332 Penn 1-66 Will of Anthony Upton of Seville 25 January 1670

"Jan. 26. Whitehall, 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved.

As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page]"^[38]

[Image P109004]1
[f.372v-XXXX]

ADD TEXT ON CHRISTOPHER BOONE CASE

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↑ Henry Hughes. Possibly Henry Hughes (b. ?, d. ca. 1680), of Deptford, Kent (PROB 11/362 Bath 1-59 Will of Henry Hughes of Deptford, Kent 10 January 1680)
↑ PROB 11/380 Carr 52-107 Will of Sir John Fredericke of Saint Olave Old Jewry, City of London 04 May 1685
↑ PROB 11/325 Carr 117-176 Will of Sir Thomas Rich of Sonning, Berkshire 20 November 1667
↑ Isaac Woodgreene. Just possibly Isaac Woodgreene (b. ?, d. ca. 1689), gentleman, or shipwright, either of St Paul Shadwell, Middlesex, or of Ratcliffe, Middlesex, or related to them (PROB 11/394 Ent 1-46 Will of Isaac Woodgreene, Gentleman of Saint Paul Shadwell, Middlesex 26 March 1689; PROB 11/396 Ent 91-138 Will of Isaac Woodgreene, Shipwright of Ratcliffe, Middlesex 27 September 1689)
↑ James Lutton. Just possibly James Lutton (b. ?, d. ca. 1663), gentleman, , of East Greenwich (PROB 11/312 Juxon 103-150 Will of James Lutton, Gentleman of East Greenwich, Kent 21 October 1663)
↑ Henry Ashurst. Probably Henry Ashurst (b. ?, d. ca. 1680), merchant, of London (PROB 11/364 Bath 124-185 Will of Henry Ashhurst or Ashurst, Merchant of London 23 December 1680)
↑ Edward Alsop. Possibly Edward Alsop (b. ?, d. ca. 1660), (PROB 11/301 Nabbs 211-259 Will of Edward Alsop, Mariner of Southwark, Surrey 21 September 1660)
↑ Sidrack Wills. Just possibly Sydnacke Wills (b. ?, d. ca. 1664), mariner, of West Teignmouth, Devon, or related to him (PROB 11/314 Bruce 49-96 Will of Sydnacke Wills, Mariner of West Teignmouth, Devon 18 July 1664)
↑ William ?Webber. Just possibly William Webber (b. ?, d. ca, 1688), mariner, of East Greenwich (PROB 11/392 Exton 87-130 Will of William Webber, Mariner of Greenwich, Kent 13 August 1688)
↑ Thomas Bland (b. ?, d. ca. 1667) (PROB 11/325 Carr 117-176 Will of Thomas Bland, Scrivener of London 14 December 1667)
↑ William Haddocke. Probably William Haddock (b. ca. 1607, d. ca. 1667, living at Wapping Hamblett (8 hearths) in 1666) (PROB 11/325 Carr 117-176 Will of William Haddock or Haddocke 24 November 1667; 'Wapping Hamblett,' in 'Hearth Tax: Middlesex 1666: Whitechapel: Wapping hamlet (2 of 2)', London Hearth Tax: City of London and Middlesex, 1666 (2011), viewed 15/03/12)
↑ PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667 For an abstract of the will see The Journal of the Barbados Museum and Historical Society, vols. 12-14 (XXXX, 1944), p. 70
↑ For example, 'March ? 40. Petition of the planters, merchants, and traders to Barbadoes to the King', in Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668 (London, 1880) p. 14
↑ October 3rd 1652, Order of the Council of State (XXXX, Vol. LXI., p. 71); June 11th 1653, Order of the Council of State (INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75)
↑ Peter Wilson Coldham, The complete book of emigrants, 1607-1660, vol. 1 (XXXX, 1987), p. 482
↑ 'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343
↑ See PROB 11/424 Carr 59-116, Will of Richard Batson, June 16th 1667, cited in Simon David Smith, Slavery, family, and gentry capitalism in the British Atlantic: the world of the Lascelles,1648-1834 (Cambridge, 2006), fn. 60, p. 26. See possibly related PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669
↑ EFI, 1655-1660, p. 85
↑ "Jan 26 (1665-6) Whitehall. 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals, and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved. As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page.], (Mary Anne Everett Greene (ed.), Calendar of State papers, Domestic series [of the Commonwealth 1655-6 (London, 1882) p. 139)])
↑ Oliver Langdon is possibly, but not definitely: PROB 11/262 Ruthen 51-103 Will of Oliver Langdon, Yeoman of Stepney, Middlesex 16 February 1657
↑ It is possible that Manuel de ffonseca Meza was a relative of Alonzo di Fonseca Meza, who the Jewish Encyclopedia (1906) suggests was a relative of Antonio ffernandez Carvajal, for whose cause Manuel de ffonseca Meza made his deposition. See Joseph Jacobs, 'Carvajal, Antonio Fernandez' in the Jewish Encyclopedia (XXXX, 1906), http://www.jewishencyclopedia.com/articles/4089-carvajal-antonio-fernandez, viewed 20/12/11
↑ Thomas Colclough. Just possibly Thomas Colclough (b. ?, d. ca. 1681), grocer, of London (PROB 11/366 North 48-94 Will of Thomas Colclough, Grocer of London 28 April 1681)
↑ Thomas Clarke. Just possibly Thomas Clarke (b. ?, d. ca. 1683), mariner, of Redriffe, Surrey (PROB 11/374 Drax 102-156 Will of Thomas Clarke, Mariner of Ratcliffe, Middlesex 17 October 1683)
↑ Humfrey Beane. Just possibly Humphry Beane (b. ?, d. ca. 1680), of Ebbisham, Surrey (PROB 11/362 Bath 1-59 Will of Humphry Beane of Ebbisham, Surrey 14 January 1680
↑ Arthur Perkins. Several mariners named Arthur Perkins (PROB 11/292 Pell 300-349 Will of Arthur Perkins, Mariner of Stepney, Middlesex 20 June 1659; PROB 11/308 Laud 53-107 Will of Arthur Perkins, Mariner of Wapping, Middlesex 22 April 1662)
↑ http://seax.essexcc.gov.uk/%5CViewCatalogue.asp?ID=146017, viewed 17/12/11
↑ Russell R. Menard, Sweet negotiations: sugar, slavery, and plantation agriculture in early Barbados (XXXX, 2006), p. 53
↑ Mary Anne Everett Greene (ed.), 'Volume 11: September 1650', Calendar of State Papers Domestic: Interregnum, 1650 (1876), pp. 320-365. URL: http://www.british-history.ac.uk/report.aspx?compid=54366 Date accessed: 20 December 2011
↑ W. Noel Sainsbury (ed.), 'America and West Indies: February 1671', Calendar of State Papers Colonial, America and West Indies, vol. 7: 1669-1674 (1889), pp. 160-167. URL: http://www.british-history.ac.uk/report.aspx?compid=70205 Date accessed: 20 December 2011
↑ W. Noel Sainsbury (ed.).), 'America and West Indies: October 1652', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 390-392. URL: http://www.british-history.ac.uk/report.aspx?compid=69263 Date accessed: 17 December 2011
↑ W. Noel Sainsbury (ed.), 'America and West Indies: June 1653', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 403-405. URL: http://www.british-history.ac.uk/report.aspx?compid=69271 Date accessed: 17 December 2011
↑ Peter Wilson Coldham, The complete book of emigrants, 1607-1660, vol. 1 (XXXX, 1987), p. 482
↑ 'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343
↑ The Journal of the Barbados Museum and Historical Society, vols. 12-14 (XXXX, 1944), p. 70
↑ http://www.cbrain.mistral.co.uk/minories.htm, viewed 17/12/11
↑ John Willmott's name is included in a 'Petition of the Portugal merchants, delivered the 7th of March, 1654' (Thomas Birch (ed.), 'State Papers, 1655: March (2 of 8)', A collection of the State Papers of John Thurloe, vol. 3: December 1654 - August 1655 (London, 1742), pp. 195-219. URL: http://www.british-history.ac.uk/report.aspx?compid=55369 Date accessed: 19 December 2011.
↑ "In August 1658 the Golden Star, Mr. Thomas Sprettiman, was let to freight in Cadiz to Anthony Upton, factor for Christopher Boone of London, merchant, to carry wine from the Canaries to London. On passage she was seized by the Alexander..." (Peter Wilson Coldham (ed.), English adventurers and emigrants, 1609-1660: abstracts of examinations in the High Court of Admiralty with reference to Colonial America (XXXX, 1984), p. 169)
↑ Mary Anne Everett Green (ed.), Calendar of state papers, Domestic series, 1655-6), vol. 9 (London, 1882), p. 139. See http://www.archive.org/stream/cu31924091770432#page/n173/mode/2up, viewed 19/12/11

[1] Henry Hughes. Possibly Henry Hughes (b. ?, d. ca. 1680), of Deptford, Kent (PROB 11/362 Bath 1-59 Will of Henry Hughes of Deptford, Kent 10 January 1680)

[2] PROB 11/380 Carr 52-107 Will of Sir John Fredericke of Saint Olave Old Jewry, City of London 04 May 1685

[3] PROB 11/325 Carr 117-176 Will of Sir Thomas Rich of Sonning, Berkshire 20 November 1667

[4] Isaac Woodgreene. Just possibly Isaac Woodgreene (b. ?, d. ca. 1689), gentleman, or shipwright, either of St Paul Shadwell, Middlesex, or of Ratcliffe, Middlesex, or related to them (PROB 11/394 Ent 1-46 Will of Isaac Woodgreene, Gentleman of Saint Paul Shadwell, Middlesex 26 March 1689; PROB 11/396 Ent 91-138 Will of Isaac Woodgreene, Shipwright of Ratcliffe, Middlesex 27 September 1689)

[5] James Lutton. Just possibly James Lutton (b. ?, d. ca. 1663), gentleman, , of East Greenwich (PROB 11/312 Juxon 103-150 Will of James Lutton, Gentleman of East Greenwich, Kent 21 October 1663)

[6] Henry Ashurst. Probably Henry Ashurst (b. ?, d. ca. 1680), merchant, of London (PROB 11/364 Bath 124-185 Will of Henry Ashhurst or Ashurst, Merchant of London 23 December 1680)

[7] Edward Alsop. Possibly Edward Alsop (b. ?, d. ca. 1660), (PROB 11/301 Nabbs 211-259 Will of Edward Alsop, Mariner of Southwark, Surrey 21 September 1660)

[8] Sidrack Wills. Just possibly Sydnacke Wills (b. ?, d. ca. 1664), mariner, of West Teignmouth, Devon, or related to him (PROB 11/314 Bruce 49-96 Will of Sydnacke Wills, Mariner of West Teignmouth, Devon 18 July 1664)

[9] William ?Webber. Just possibly William Webber (b. ?, d. ca, 1688), mariner, of East Greenwich (PROB 11/392 Exton 87-130 Will of William Webber, Mariner of Greenwich, Kent 13 August 1688)

[10] Thomas Bland (b. ?, d. ca. 1667) (PROB 11/325 Carr 117-176 Will of Thomas Bland, Scrivener of London 14 December 1667)

[11] William Haddocke. Probably William Haddock (b. ca. 1607, d. ca. 1667, living at Wapping Hamblett (8 hearths) in 1666) (PROB 11/325 Carr 117-176 Will of William Haddock or Haddocke 24 November 1667; 'Wapping Hamblett,' in 'Hearth Tax: Middlesex 1666: Whitechapel: Wapping hamlet (2 of 2)', London Hearth Tax: City of London and Middlesex, 1666 (2011), viewed 15/03/12)

[12] PROB 11/424 Carr 59-116, Will of Richard Batson, cutler, June 16th 1667 For an abstract of the will see The Journal of the Barbados Museum and Historical Society, vols. 12-14 (XXXX, 1944), p. 70

[13] For example, 'March ? 40. Petition of the planters, merchants, and traders to Barbadoes to the King', in Calendar of State Papers, Colonial series, America and the West Indies, 1661-1668 (London, 1880) p. 14

[14] October 3rd 1652, Order of the Council of State (XXXX, Vol. LXI., p. 71); June 11th 1653, Order of the Council of State (INTERREGNUM, Entry Bk., Vol. XCVII., pp. 273–75)

[15] Peter Wilson Coldham, The complete book of emigrants, 1607-1660, vol. 1 (XXXX, 1987), p. 482

[16] 'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343

[17] See PROB 11/424 Carr 59-116, Will of Richard Batson, June 16th 1667, cited in Simon David Smith, Slavery, family, and gentry capitalism in the British Atlantic: the world of the Lascelles,1648-1834 (Cambridge, 2006), fn. 60, p. 26. See possibly related PROB 11/329 Coke 1-56 Will of Henry Batson, Merchant of London 13 May 1669

[18] EFI, 1655-1660, p. 85

[19] "Jan 26 (1665-6) Whitehall. 76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals, and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved. As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654-5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page.], (Mary Anne Everett Greene (ed.), Calendar of State papers, Domestic series [of the Commonwealth 1655-6 (London, 1882) p. 139)])

[20] Oliver Langdon is possibly, but not definitely: PROB 11/262 Ruthen 51-103 Will of Oliver Langdon, Yeoman of Stepney, Middlesex 16 February 1657

[21] It is possible that Manuel de ffonseca Meza was a relative of Alonzo di Fonseca Meza, who the Jewish Encyclopedia (1906) suggests was a relative of Antonio ffernandez Carvajal, for whose cause Manuel de ffonseca Meza made his deposition. See Joseph Jacobs, 'Carvajal, Antonio Fernandez' in the Jewish Encyclopedia (XXXX, 1906), http://www.jewishencyclopedia.com/articles/4089-carvajal-antonio-fernandez, viewed 20/12/11

[22] Thomas Colclough. Just possibly Thomas Colclough (b. ?, d. ca. 1681), grocer, of London (PROB 11/366 North 48-94 Will of Thomas Colclough, Grocer of London 28 April 1681)

[23] Thomas Clarke. Just possibly Thomas Clarke (b. ?, d. ca. 1683), mariner, of Redriffe, Surrey (PROB 11/374 Drax 102-156 Will of Thomas Clarke, Mariner of Ratcliffe, Middlesex 17 October 1683)

[24] Humfrey Beane. Just possibly Humphry Beane (b. ?, d. ca. 1680), of Ebbisham, Surrey (PROB 11/362 Bath 1-59 Will of Humphry Beane of Ebbisham, Surrey 14 January 1680

[25] Arthur Perkins. Several mariners named Arthur Perkins (PROB 11/292 Pell 300-349 Will of Arthur Perkins, Mariner of Stepney, Middlesex 20 June 1659; PROB 11/308 Laud 53-107 Will of Arthur Perkins, Mariner of Wapping, Middlesex 22 April 1662)

[26] ttp://seax.essexcc.gov.uk/%5CViewCatalogue.asp?ID=146017, viewed 17/12/11

[27] Russell R. Menard, Sweet negotiations: sugar, slavery, and plantation agriculture in early Barbados (XXXX, 2006), p. 53

[28] Mary Anne Everett Greene (ed.), 'Volume 11: September 1650', Calendar of State Papers Domestic: Interregnum, 1650 (1876), pp. 320-365. URL: http://www.british-history.ac.uk/report.aspx?compid=54366 Date accessed: 20 December 2011

[29] W. Noel Sainsbury (ed.), 'America and West Indies: February 1671', Calendar of State Papers Colonial, America and West Indies, vol. 7: 1669-1674 (1889), pp. 160-167. URL: http://www.british-history.ac.uk/report.aspx?compid=70205 Date accessed: 20 December 2011

[30] W. Noel Sainsbury (ed.).), 'America and West Indies: October 1652', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 390-392. URL: http://www.british-history.ac.uk/report.aspx?compid=69263 Date accessed: 17 December 2011

[31] W. Noel Sainsbury (ed.), 'America and West Indies: June 1653', Calendar of State Papers Colonial, America and West Indies, Volume 1: 1574-1660 (1860), pp. 403-405. URL: http://www.british-history.ac.uk/report.aspx?compid=69271 Date accessed: 17 December 2011

[32] Peter Wilson Coldham, The complete book of emigrants, 1607-1660, vol. 1 (XXXX, 1987), p. 482

[33] 'A Meeting of the Committees for the Second General Voyage, August 17, 1649' (Court Book vol. xxii, p. 97) in Ethel Bruce Sainsbury (ed.), A calendar of the court minutes of the East India Company, 1644-1649 (Oxford, 1912), pp. 342-343

[34] The Journal of the Barbados Museum and Historical Society, vols. 12-14 (XXXX, 1944), p. 70

[35] ttp://www.cbrain.mistral.co.uk/minories.htm, viewed 17/12/11

[36] John Willmott's name is included in a 'Petition of the Portugal merchants, delivered the 7th of March, 1654' (Thomas Birch (ed.), 'State Papers, 1655: March (2 of 8)', A collection of the State Papers of John Thurloe, vol. 3: December 1654 - August 1655 (London, 1742), pp. 195-219. URL: http://www.british-history.ac.uk/report.aspx?compid=55369 Date accessed: 19 December 2011.

[37] "In August 1658 the Golden Star, Mr. Thomas Sprettiman, was let to freight in Cadiz to Anthony Upton, factor for Christopher Boone of London, merchant, to carry wine from the Canaries to London. On passage she was seized by the Alexander..." (Peter Wilson Coldham (ed.), English adventurers and emigrants, 1609-1660: abstracts of examinations in the High Court of Admiralty with reference to Colonial America (XXXX, 1984), p. 169)

[38] Mary Anne Everett Green (ed.), Calendar of state papers, Domestic series, 1655-6), vol. 9 (London, 1882), p. 139. See http://www.archive.org/stream/cu31924091770432#page/n173/mode/2up, viewed 19/12/11

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MRP: HCA 13/71

Contents

Suggested links

To do

Listing of imaged cases

Front Cover

Case: Keats Jennings and others against ffredericke Chowne and others Examination: 1. George Browne of Limehouse, Middlesex, Mariner, aged sixty years Date: 15th February, 1655/56

Index of untranscribed, imaged, cases

Case: Cooke and Johnson ag:st Batson: Examination: Nicholas Hammond, of St Michaels Cornhill, London, Barber Chirugion, of the ship ?Tankervale, aged 30: Date: April 24th, 1656

Case: Gold Roach and others ag:t ?Robbins Smith: Examination: William Haddocke, of Wapping, Middlesex, mariner, aged 49: Date: April 30th, 1656

Cooke and Johnson ag:st Batson

George Robinson

Alderman Riccard & others touching the shipp the Love

Captain James Barker of the Vine and dispute with chief mate

Gerrard Lloyd: Moses Bathurst deponent

Anthonio Fernandez Caravachal

Christopher Boone of London v. Adrian Goldsmith of Antwerp

Abstract & context

Transcription

XXXX

Transcription

Christopher Boone of London v. Adrian Goldsmith of Antwerp, Cont.

Matson agt. Naylor

Oliver Langdon, deal merchant: deponent

XXX

Manuel de ffonseca Meza: deponent

Edward Wood et al.:

Thomas Bloodworth, deponent

Matson agt. Naylor cont.

John ?Danies of Wapping: deponent

John Jeffreys, Thomas ?Colclough and Company, and Humfrey Beane and Companie, March 4th 1656

Abstract & context

Possible primary sources

Notes

Related to Cooke & Johnson vs. Batson

Christopher Boone

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