Masquerade

Masquerade

Editorial history

08/11/12: CSG, created page

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Changing bills of lading

The devil is in the detail when it comes to bills of lading. The testimony of William Metcalfe, a former Aleppo factpr, shows that bills of lading were sometimes partially filled out at Aleppo, leaving the signature to be added later at the Mediterranean port of Scanderoone.

"25. To the 2 Interrogatorie he saith hee was not present at the signing of the bills of
26. ladeing Interrogate nor knoweth whether the goods were on board when the
27. bills were signed And saith that it is a thing frequent at Aleppo for the
28. merchants there for the ease of the factor Marine or Consull who takes care
29. of ladeing all English mens goods at Scanderoone to fill up bills at Aleppo
30. and send them to him to Scanderoone to get them signed And having diligently
31. observed the bill of ladeing in his foregoeing deposition mentioned he beleeveth
32. the same is filled up with the hand writing of the sayd Gabriell Roberts the sayd
33. henry Mitchells Assistant and beleeveth the same was soe filled up by him at
34. Aleppo it being his constant place of residence, and thense sent downe to Scanderoone
35. to be firmed by the sayd heamans, and hath not been altered XXXXX in the
36. markes or contents thereof or parties names to whome the goods were consigned, as hee
37. verily beleeveth..."

- HCA 13/71 f.146v Case: Michell against the harry of London and against Mathew heaman; Deposition: The foresayd William Metcalfe upon Interrogatories; Date: 10/05/12

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Colourable bills of lading

XXXX

• "1. To the 7th article of the sayd allegation hee saith and deposeth That

2. hee this deponent being himselfe a Merchant doth knowe that it is a usuall
3. practize amongst Merchants and soe hath bin for all the tyme arlate, and
4. before and since, that Merchants who lade goods in ˹any˺ Ports belonging to such
5. Princes of States as are XX Enymyes to the King of Spaine, or are laded
6. in the Ports of Princes or States who are in Amity with the King of
7. Spaine and yet really doe belong unto such persons as are Enimies to the
8. Kinge of Spaine, do make colourable bills of ladeing for the same goods
9. though laded ˹in a dutch shipp˺ at an Enymies port, as is laden for Accompt of dutch
10. men, as for example this deponent well knoweth that it is usuall for
11. Portugeses at Lisborne in dutch vessells who lade goods in dutch vesssells
12. at Lisbone and bound for ffrance or holland to take make bills of ladeing
13. for the sayd goods there laden, as laden for the Accompt of subiects of
14. the United Provinces living at Amsterdam, ˹and as bound for Amsterdam˺ whereas In truth the sayd
15. goods doe really belong to Portugueses Enymyes of the King of Spaine
16. ˹and are bound to an enymye Port˺ and this is done to free the sayd goods from danger of Capture in
17. case they bee mett with by any of the Men of warr subiects to the
18. Kinge of Spaine, And hee further saith that such goods as have within
19. the tyme aforesayd bin sent to him this deponent (being an English
20. subiect and an Enymye to the King of Spaine) from holland or Zealand,
21. hee hath caused his correspondents there who were and are Subiects of the
22. States of the United Provinces to cause colourable bills to bee made
23. for the sayd goods as laden for their Accompt, whereas they properly
24. belonged to him this deponent And this hee knoweth and the like practizes
25. hee knoweth to have bin practised during the tyme arlate and to bee commonly used amongst Merchants for the better
26. preservation of their goods from being seized by men of warr subiects
27. of the King of Spaine And further hee cannot depose/"

- HCA 13/71 f.536r Case: Goodwin and Company against the Saint John; Deposition: 3. Charles Marescoe of Saint Bottolph Billingsgate London Merchant aged twenty five yeares: Date: 04/02/1656(57). Transcribed by Colin Greenstreet

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Colourable bill of sale of a ship

Francis Neuille testified in the Admiralty Court that he was a gentleman of the parish of Saint Katherines neere the Tower. He was probably a lawyer, since he stated that he was "imployed as a sollicitor in the sayd business of clayme and sawe the sayd decree of restitution Under the seale of this Court."

He gave details of a colourable bill of sale of the ship the Hare in the ffeild, made by the ship's captain John Kein to the London merchant Gyles Vandeput, having witnessed the handing by the ship's purser of this bill of sale and covering note to Vandeput. Neuille was clear that the bill was "Only in trust and colourably to prevent the seizure off the sayd shipp XX her ladeing by the English in case hee the sayd Keine should returne from Spaine With a ladeing of Spanish goods for England or any other place."

When Vandeput read the covering note, he refused to accept the bill stating "hee would not give any noate under his hand whereby to colour any foraigners or strangers goods." The ship's purser then took back the bill to carry it back to John Kein.

" *2. To the 6th ˹and 7th˺ Interrogatories hee saith hee was present when the sayd
3. John Kein did make to prevent the sayd shipp the hare in the ffeild
4. her confiscation in case shee arrived in England with
5. a freight from Spaine, make a colourable bill of sale of the sayd
6. shipp to the sayd Gyles Vandeput and saith the said Kein as is
7. predeposed sent the same bill with a noate expressing that the same was
8. only colourable and in trust by John Van Lathum his purser
9. and that the sayd Mr Vandeput upn perusall thereof tore and burnt the sayd
10. noate and refused to accept of the sayd colourable bill of sale ˹and saith hee know not that the sayd bill was only colourable till the delivery of the sayd noate˺ And
11. further saving his foregoeing deposition hee cannot depose"

- HCA 13/71 f.364v Case: On the behalfe of Nicholas Clement Adrian van Bulstrode and Company touching the shipp the hare in the feild of Middleborowe, John Kein Master; Deposition: 3. ffrancis Neuile of the parish of Saint Katherines neere the Tower London gentleman aged 46 yeares (Signature of "ffrancis Neuile" at end of deposition); Date: 15/09/1656. Transcribed by Colin Greenstreet.

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False dispatches and writings

Dutch dispatches and writings

• "in expectation of the sayd shipp the Little Mary the foresayd Mr Stephens had procured liberty that she might have bene laden as other English shipps were, and to that purpose he had procured dutch dispatches and writings for XXXX"

- HCA 13/71 f.207r Case: XXXX (“Examined upon the sayd Libell”); Deposition: 4. William Clapham of London merchant aged 29 yeares; Date: 12/05/1656

Richard Owen, a young London merchant, had arranged for false Dutch dispatches to be prepared to accompany the Little Mary on its planned voyage from the canaries to London. However, the ship never arrived from Ireland, leading to much unnecessary cost as well as lost sales on the incoming lading.

• "41. to the 18th article of the sayd Libell he saith that in case the sayd shipp Little Mary

42. had as was expected come to the Canaries there was license obteyned for her
43. to have sold her goods and laden wynes on board her and Dutch
44. dispatches were prepared in readines for her to that purpose which this
45. deponent there saw and read within the tyme aforesayd which were so
46. had and obteyned in regard of an Embargo upon English shipps and
47. goods. and by vertue of the sayd License and Dutch dispatches the sayd vessell
48. Little Mary (had she come thither) might have bene laden with safety
49. the sayd Embargo notwithstanding as severall other English shipps
50. were by the like meanes of the certayne knowledge and sight of this
51. deponent. And otherwise he cannot depose."

- HCA 13/71 f.208r Case: XXXX (“Examined upon the sayd Libell”); Deposition: 5. Richard Owen of London merchant aged twenty five yeares; Date: 13/05/1656

Danish dispatches and writings

INSERT EXAMPLE

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False colours

Used by privateers

Used by commercial ships

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Several captains of different nations

Example: Dutch and English captains during Anglo-Dutch war

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Mixed crews of different nations

Example one: crew analysis by nationality

Example two: crew analysis by nationality

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Payoff of local officials

Indulto paid at Teneriff

• "this deponent well knoweth that by reason of the sayd imbargoe noe English shipps were permitted to lade wines there without paying indulto or admission money to the Officers of the King of Spaine"

- HCA 13/71 f.175r Case: Travers against Burridge and Spicer ; Deposition: 5. Henry Negus of London Merchant aged 32 yeares; Date: 30/04/1656

XXX

"16. To the 1: 2: 3: 4th and 5th articles of the sayd allegation hee saith hee
17. being a factor as aforesayd well knoweth thereby that Lorkeranns
18. are a prohibited Commodity in all the King of Spaines dominions yet
19. with all knoweth that Merchants that trade to Spaine and other parts of the
20. King of Spaines dominions as Palma and the rest of the Canarie Islands
21. doe usually carrie and came lorkeranns and other linnens there (though
22. prohibited goods) and be giving a small gratuitie to the officers of
23. the King of Spaine doe procure the officers to connive at the landing
24. and sale of them though prohibited and hee this deponent hath for
25. a gratuitie to the sayd officers procured them to Connive at his
26. this deponents landeing and selling lorkerans and other linnens
27. at Palma And knoweth it is a thing frequent among Merchants
28. there soe to doe And further hee cannot depose/"

- HCA 13/71 f.507r Case: Cowse against Keene; Deposition: 8. Humfrey Henchman of London Merchant aged twenty three yeares - The sayd Humfrey Henchman to the allegation given on the behalfe of the sayd Cowse the 4th of March 1656.; Date: Probably 10/03/1656. Transcribed by Alex jackson

Concealment of Lockerams to bring them into Spain without licence

XXXX

• "36. To the 2 article of the sayd allegation hee saith that the the Lockerams

37. which the arlate Keene landed at Saint Lucar ˹were˺ were there delivered to
38. this deponent for Accompt of the sayd Cowse ˹and˺ were after their landing and
39. delivery to this deponent seized in this deponents hands by officers of the
40. King of Spaine as being a being a prohibited Commoditie at the Island
41. of Palma whether they were to have bin transported by the sayd Keene, and
42. this deponent was forsed to put in bond ˹with suretie˺ to the value of about seaven

- HCA 13/71 f.575r Case: XXXX; Deposition: XXXX; Date: XXXX. Transcribed by XXXX

• "1. thousand Royalls Vallon (being about one hundred twenty eight pounds sterling

2. to stand to the Judgment of the Court of Madrid whither the sayd lockerams
3. should be confiscate as Contrabanda goods, by which meanes this deponent
4. gott liberty to dispose of and sell the sayd Lockerams, (the product
5. whereof is part of the foresayd 15 thousand twenty five and a halfe Ryalls
6. plate which this deponent as aforesayd accounted for to the sayd Cowse) but
7. this deponent wa forsed to leave in the hands of Michaell Perez that was
8. his suretie, effects to the value of the sayd bond entered into, for his the
9. sayd Peryes securitie, which by reason of warrs betwixt England and
10. Spaine are now like to bee lost and the sayd Cowse X lyable to make
11. satisfaction to this deponent for the same, but by whose meanes the
12. sayd lockerams came to bee discendred hee knoweth not And further
13. hee cannot depose./
14. To the 3 article hee saith that hee knoweth that it is usuall for
15. Merchants that trade to Spaine to carry ˹ffrench˺ linnens thither without license
16. and to land and sell them there, but with great hazard ˹for˺ and if any
17. ˹ffrench˺ linnens bee found amongst other free goods and they are usually
18. confiscate at being a prohibited commoditie unlesse
19. brought or sent by such persons as have lisense to that purpose And
20. further hee cannot depose/
21. To the 4th article hee saith hee well knoweth that the lockerams
22. arlate were privately packed up in fower falls of flaxe And further
23. to this article hee cannot depose./"

- HCA 13/71 f.575v Case: Cowse against Keene; Deposition: Edward Watts of London Merchant aged thirty three yeares ("The sayd Edward Watts upon the allegation given in on behalfe of the sayd Cowse the 4th of March 1656"); Date: 21/04/1657. Transcribed by Colin Greenstreet.

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Use of ships of other nations, in breach of the Navigation act

Martin Noell and Alderman Nathaniel Tem(m)s exported goods from Barbados in a Dutch ship bound for the United Provinces

William Poole, a thirty year old mariner from the Borough of Southwarke, was deposed on behalfe of Martin Noell and Alderman Nathaniel Tem(m)s, whose goods had been impounded in Barbados.

Noell and Tem(m)s had been attempting to ship goods from Barbados in a Dutch ship, allegedly bound for the United Provinces, in breach of the Navigation Act. Their and others goods, together wth the ship, had been detained.

Martin Noell (b. ?, d. 1665), later Sir Martin Noell, was a scrivener, with extensive interests in Barbados, where several of his brothers resided. He had broad commercial interests including both Barbados and the East Indies, and in the early 1650s developed a commercial partnership with the former English East India company servant Nathaniel Temms, until Temms' early death in 1657. Noell himself died from bubonic plague in 1665, leaving his commercial affairs in considerable disarray, and the subject of lengthy litigation.

• "15. To the first article of the sayd allegation hee saith that

16. for severall yeares last past all forraigners not subjects of this
17. Commonwealth have bin prohibited all trade and commerce
18. with the Inhabitants of the Iland of the Barbados without
19. speciall licence first obteyned from this Commonwealth soe
20. to trade there but for more certaynetie referreth him selfe
21. to the lawes Statutes and ordinances arlate And further
22. to this article hee cannot depose/.
23. To the second article of the sayd allegation hee saith that hee this
24. deponent was one of the Company of the Swift Sure a shipp
25. in the Imediate service of this Commonwealth and ˹in˺ her arrivall
26. about the latter end January 1654 English style at the Island
27. of the Barbados And saith that at the sayd shipps comming thither ˹with the rest of the States ffleete˺
28. the Strong Rowland alias the Jamaica Merchant arlate a dutch shipp and some other dutch
29. shipps were then at the Barbados tradeing and trafiquing with
30. the Inhabitants there for sugars and other Commodities which the sayd
31. Iland afforded and saith that soone after the arrivall of the Swift
32. Sure aforesayd the sayd shipp the Strong Rowland and the other
33. dutch shipps were by order of the honorable the Comissioners
34. for the mannageing of affaires in America seized upon with such
35. ladeing as they had on board them, and all other goods whatsoever
36. by them brought thither to trade with, in Whose hands soever they
37. were found ˹on˺ off shoare And hee this being deponent being by
38. order of the sayd Commissioners imployed to goe on board the
39. sayd shipp Strong Rowland and the other shipps soe seized to take
40. an Inventory of their tackles furnitures and ladeings on
41. board them hee this deponent did accordingly performe the same
42. and coming aboard the strong Rowland aforesayd found that shee
43. had in hold in casks great and smale as hogsheads butts ˹and˺ barrells
44. about two hundred caske of Muscovadoe sugar and other goods
45. to the quantitie of a third part of her ladeing ˹of˺ which goods

1. some fowerteene caske of sugar being claymed and made appeare
2. to belong to English men they were againe restored to the laders of them by order of the
3. sayd Commissoners and the rest of the ladeing together with
4. the shipp the strong Rowland and her tackle furniture and Ammuni=
5. tion for that the same could not then bee made appeare to belong
6. to any the subiects of this Commonwealth were detayned by
7. the sayd Commissioners as lawfull prize, for trading contr
8. there contrary to the lawes in that behalfe made And hee this depo=
9. nent did observe that the Master and Company of the sayd shipp
10. strong Rowland were all all dutch men and hearde the Master
11. of her confesse that hee was a hollander or dutchman and
12. that the sayd shipp did then belong to holland and therefore And
13. further to this article hee cannot depose/

35. To the 4th hee saith that hee heard the Master of the sayd shipp confesse
36. that shee was a holland shipp and belonged to dutch men and was
37. bound for holland with her ladeing, but the names of the Owners
38. of her or her ladeing, hee knoweth not nor hath hearde, and saith
39. hee doth knowe what Port shee did belong to when ˹she was˺ seized on but remem=
40. breth not the name thereof having not his Inventary aforesayd about
41. him and further cannot answere/"

- HCA 13/71 f.427v Case: De Vinck and Company against the shipp the strong Rowland now called the Jamaica Merchant and her tackle and furniture and against Martyn Noell and Company comming in for their interest ("Examined on an allegation on the behalfe of the sayd Martyn Noell and Alderman Tems and Company"): Deposition: 2. William Poole of the Burrough of Southwarke Mariner aged thirty yeares; Date: 27/11/1657