Tools: HCA 24/110
HCA 24/110
Created page, 04/10/14 by CSG
Contents
- 1 Item: 66: Affidavit: Bennett con Keyser
- 2 Item: 109: Hugh Locker and others of the ship the Virginia Merchant
- 3 Item: 165: Jacobus Mayer con Joseph Muston
- 4 Item: 235: Case: Hickman against Jackett
- 5 Schedule from Item: 235: Case: Hickman against Jackett
- 6 Item: 245: Allegation of Elias Jordaine & Company
Item: 66: Affidavit: Bennett con Keyser
Folder 114_03: Image: IMG_6891
Bennett, con De Keyser}
Budd. Smith. yeo}
Quodis yeo nomine procuria, [?XX]
et [??XXror] [?ltions] [?drX] keyser
ad eom Juris effectam aff[?idavit] et in
[?hujs] scriptis in June propefuit
arlatim [?put] sequitur./
1) Imprimis That the said Henry Bennett
dureing the voyadge in question was a
mutinous, refractory, drunke, and de[?Xeist]
fellow, and disobedient to the Commands of
the said shipp, and for and as such was
taken notice of not only by the Company of
the said shipp the Saint Peter, but also by the
Company of severall other shippes, and by
divers other Persons in severall place, or
Portes, where the said shipp arrived
dureing the voyadge in question. Et ponit
[?conm.] [?dinm]/ Et de quolet./
2 Item That dureing the voyadge in
question there was a mutinee, and
desturbance raised amongest the Company
of the said shipp the Saint Peter, or some
of them against the said Peter De Keyser
the master of the said shipp only for that the
said De Keyser his Beer being almost
consumed, and the said Marriners useing
ordinarilie to eate pickled herrings for
their breakfast by reason whereof they
dranke more beer then ordinarily whereuppon
the said De Keyser desireing them to forbeare
eateing pickled Herrings, as they had used
to doe, the said marriners in a violent
and mutinous manner did assault the said
De Keyser, and used mutinous, and unseemly
words unto him, and violently shutt, or
locked upp the said De Keyser in his Cabbin, or
some
Folder 114_03: Image: IMG_6892
some other place of the shipp, and there
foreceably kept and detained him for a
soace, and threatned, or att least consulted
to runn, or saile away with the said shipp
Et ponit ut supra/
3 Item That the said Henry Bennett was
the cheife, or at least had a great hand
in the said mutinee, [?reXXing] or [?desturbance]
of the said marriners against the said De Keyser
their Master or Commander in Cheife, and for
such a one the said Bennett was taken notice
of. Et ponit ut supra/
4 Item Quod se et quabus the said Henry Bennett
were carried ashoare, or imprisoned att Cales
or any other place the voyadge in question [?sqd]
non [?fateturse] yet he the said Bennett
was so fetched, and carried ashoare, or
imprisoned att Cales, or any other place the
voyadge in question [?Sqd] non [?fateturts] that
he the said Bennett was so fetched and
carried ashoare there by some officers
there by order of the Governour, or some
other cheife officer there and was noe
way imprisoned, or punished, but only by
way of due correction, and bu=y order of
Justice, and not otherwise then he had
Justly deserved, and both the said De Keyser
and Bennett were and are subiects of the kinge
of Spaine, and there all causes, and matters of
differennce were there ended, and determined. Et
ponit et supra./
(5 Item That the said Peter De Keyser did doe his
utmost endeavour, and did much labour to procure
the release, and freedome of the said Henry Bennett
from his Imprisonment att Cales as aforesaid
which if he had not done the said Bennett would
have
Folder 114_03: Image: IMG_6893
have been, and was threatned to bee [?coXX]
to the Gallies, or to bee putt to some other
severe punishment, and the said De Keyser
freely voluntarilie, and in curtesie (notwith=
=standing the mutinous, and refractory carriage
of the said BBennett aforesaid,) brought
awy the said Bennett home from Cales
aforesaid: Et ponit ut supra/
(6) Item Quod [?XX] missa se/
Item: 109: Hugh Locker and others of the ship the Virginia Merchant
Folder 114_03 Image: IMG_6951
hugo Locker (sic) et alij nat[?o] navis the Virginia Merchant. in schedula [?prXXX]}
annx [?nemXXXX] con John Lockier nav[?XXum]}
[?dXX] navis in [?XXX] sub[?XXX] [?XXXX] Suckly [?XXX]}
[?Quo] dei Suckly [?nXXX]
[?procuXXXX] [?dXXXX] hugonis Locker
et XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Imprimis That in the yeare 1649 and monethes therein [?respectively]
concurring all or some of them the said John Lockier was
Master Captaine or governour of the shippe called the Virginia
Merchant and did take upon him the care conduct and [?direction] thereof
and within the time aforesaid and more especially about the monethes of
August and September in the said yeare 1649 the said John Lockier
did hire the severall persons in the schedule hereunto annexed
Item: 165: Jacobus Mayer con Joseph Muston
Folder 114_03 Image: IMG_6917
6th Maij 1650. [CENTRE HEADING]
Jacobus Mayer [BLANK IN MANUSCRIPT]}
the James ad se [?XXertan] et con Joseph [?hXm]}
Muston [?ex] interee et cetera Smith Suckley}
Quo die Suckley [?noie]
Procurio dij Joseph
Muston omnibus melioribus
et cetra [?Xernon] ad omnem queXXXss]
Juris effectum exinde quo[?vismodo
sequi Valentem dicit allegat et
in hys septis in Jure ex ponit arlatum
ut sequitur./
Imprimis That the Lighter in controversie
arrested by the said James Mayer by the name of
the James did formerly really belonge into
Zacheus Perkins and hee and the said Zacheus
Perkins did from the beginning of the
yeare 1649 for the space of about nyne
Monethes quietly possesse and enjoy the said
Lighter as the particular and proper goods of him
the said Perkins and for a great part of the said
nyne Monethes the said Lighter was called or
knowne by the name of the new Lighter, and was
by the name of the new Lighter used and employed
by the said Mr Perkins upon severall occasions
to severall places as his owne proper goods and
soe did really belonge unto him and for and as Owner
and Proprietor thereof hee the said Zacheus Perkins
was commonly accounted reputed and taken [?horqz] et cetera
Ponit tamen et cetera A[?X] ponit [?ConX] [?divim] et de quolet./
Folder 114_03 Image: IMG_6918
2 Item That dureinge the tyme that the said Lighter
did soe belonge to the said Zacheus Perkins videlicet to
the latter end of the said nyne Monethes the said
Zacheus Perkins did name and call the said Lighter
(in this behalfe arrested by the name of the James
and by the said Perkins formerly called the new Lighter)
by the name of the Ball and soe she was called and
knowne by the name of the Ball and used and employed
by the said Zacheus Perkins as his proper goods
by the soece of twoe or three Monethes and did
really belonge to the said Zacheus Perkins and for the
owner thereof hee was commonly accompted [?horq?X]
Ponit tamen et cetera Ar ponit ut supra./
3. Item That whilest the said Lighter did belong
to the said Zacheus Perkins and was called by the name
of the Ball and soe was amongest other goods taken
and seized as the same lay on shoare in Saint Mary
Overies docke by the Undersheriffe of Surrey [?XX GUTTER]
by vertue of an execution for 640 li and [?9] pound
Charges att the suite of the said Joseph Muston
and by the said Sheriffe delivered to the said Joseph
Muston in part of payment of the said execution
and the noate or schedule hereunto annexed was and
is subscribed by Mr Mathew Alburne
whoe was and is Undersheriffe for the said County
of Surrey and the contents thereof were and are
true and were soe had and done as therein
is conteyned quam schedulam et cetera [?hocqr] et cetera
Ar ponit ut supra./.
Folder 114_03 Image: IMG_6919
Memorand That the Nyneth day of this instant ffebruary
I did take in execution (amongest other goods) the lighter
called the Jeremy, one other lighter called the Martha.
one other lighter called the [?Sughlen], one other lighter
called the hercules, one other lighter called the ballast
lighter, one other lighter called the Mary Rose, one
other lighter called the Samuell, one other lighter
called the Mathewe, and one other lighter called the
Ball, as the goods and chattells of Zacheus Perkins
at the suite of Joseph Muston for sixe hundred and fourty
pounds debt and Twentie on shilling (for costs of suite, And
did deliver the said (amongest other goods) to the said
Joseph Muston in parte of payment of the said execution./
13th die ddebruarij 1649./
per Math: Alburne [?Subvis]
Surria./
Folder 114_03 Image: IMG_6921
Item That the vessell in the said noate
mentioned and called by the name of the Ball
and the vessell in this Cause controverted and
arrested by the said Mayer by the name of the
James amnd formerly by the said Perkins sometymes
called the new Lighter and afterwards called
the Ball were and are one and the same Lighter
and not diverse and ever since the sate of the said
noate or schedule beinge the 9th of ffebruary
doth really belonge and apperteyne to the said
Joseph Muston and for and as Owner thereof
hee the said Muston hath beene commonly
accounted reputed and taken [?haqr] et cetera
et Ar ponit ut supra./
Item Quod premissa omnia et singula fuerunt
et sunt vera et cetera./
Item: 235: Case: Hickman against Jackett
As a prequel to this case see HCA 13/124 no fol. Personal Answer of Captain William Jackett. dated December 3rd 1650
Case: Hickman against Jackett
Budd Smith Suckley
Folder 111_110 Image: IMG_1983
The session of Easter [?tarme] 30th
of Aprill 1651. [CENTRE HEADING]
hickman against Jackett Upon which day appeared personally the said William Jackett
[?XX] without the veneration of his proctor did to all intents
and purposes in lawe in all better wayes and formes
alledge and propound
articulately as followeth./
1) Imprimis That for all the voyadge in question where humphrey
hickman was with Captaine William Jackett in the Mayflower
in the yeares 1647 and 1648 the said humphrey hickman was
a very debauched mutinous swearing cursing and desperately
contentious and quarrelsome person often fighting and quarrelling
with (sic) and most desperately and blasphemously cursing and
[?beareing] reviling and abuseing severall of the said shipps
company calling them rogues and dogges and wishing the divell might
or would damne and confound their soules and bodyes or useing
other and the like most fearfull and unheard of exorcations and
curses to the great offence and disturbance of the
rest of the company of the said shippe [?and] for and as a constant and
frequent blashemer, curser, mutinous con[?tentious] and desperately
quarrelsome person hee was for and dureing all the voyadge afore
said generally observed and taken notice to bee and soe accompted and
reputed/ and this
is true [?et cetera] And hee alledgeth and propoundes the premisses ioyntly and
severally and of any particular./
2) Item That amongst divers other outrages and misdemeanors acted
and comitted by him the said hickman in and dureinge the said voyadge
hee the said hickman did most deperately runne att one Robert
Slaide the Caulker of the said shippe with his naked knife and did stabbe
him thorough into the arme in a most dangerous manner
whereby hee was hindered of performing his labours
in ther said shippe for about 2 monethes, but if it had not pleased
God to prevent the malicious and wicked intention of the said hickman
by the [?interposition] of the arme of the said Slaide
in all probability the knife had either runne in to the breast or body of the
said Slaide, and hee had in all likelihood beene absolutely slaine
and murdered thoroughly by the said
hickman
Folder 111_110 Image: IMG_1984
hickman and soe was generally observed and taken notice
of by the rest of the said shippes company
and this is true et cetera And hee alleadgeth and propoundeth [?XXXX]
3) Item That [?XXX] as the stabbing of the said [BLANK IN THE MANUSCRIPT] Slaid
the Caulker hee the said hickman did dureing the said voyadge strike one of the
negroes in the shippe with soe much cruelty violence and [?inhumanity] that
hee immediatly dyed of the said blowes which were given him by the said
hickman, and hee did wound and hurt severall others of the said negroes
and did alsoe fight quarrell and brawle with all or most of the
shippes company att severall tymes in and dureing the said voyadge
and did raise and make many quarrells differenced dist[?XX]
=tions outrages tumults and mutinyes in the said shippe and soe much
was generally taken notice of by the said shippes companyes and
other credible persons and this is true et cetera And hee propoundeth the premisses
ioyntly severally and of any particular./
4) Item That att the setting forth of the said shippes the Mayflower
the Peter and the [Beniamine] and upon the voyadge in question
there were orders and rules
for the better regulating and [?governing] of the company of the said
shippes the said voyadge publiquely sett up in the steerage of
the said shippe the Mayflower with such severall penaltyes as
should and were to bee inflicted upon the offenders in the breach an violation of the
said orders and Rules [?and] the said orders were soe fastened
and sett up in the sterage att the first beginninge of the
said voyadge and did soe remayne all the tyme till the taking [?of GUTTER]
the said shippe where they might bee and were publiquely red (sic) and taken notice of
and they were generally and unanimously consented unto by [?XXX GUTTER]
the companye of the said severall shippes, whoe did oblidge
and bind themselves to the due and strict observance of the
said orders and rules under the respective penaltyes therein
specified/ and the schedule hereunto annexed was and is a
true coppy of the said orders, and penaltyes upon the breach thereof [?XXX] [?att ?best]
contayner the whole effect and substance thereof whichschedule
he doth desire to bee here inserted and read and hee alledgeth
and propoundeth as aforesaid/
5) Item That soon after the said hickman had soe wounded the
said Roberte Slaide the Caulker by desperately runneing at
him with his knife in manner as aforesaid the rest of company of the
said shippe or divers of them and especially the said [?Short] made
their complaynt to the said Captayne Jackett of the great
misdemeanour committed by the said hickman and the many
other
Folder 111_110 Image: IMG_1994
other outrages before by him committed and desired iustice of him
against the said hickman according to the nature of his offence
and urged the dangerous consequences that might ensue of hee
should not bee duely punished, and thereupon the said Jackett for the
prevention of further mischeife did
cause him the said hickman to bee put into or secured in the forecastle till
the morninge (the said [?fact] being committed in the night or
evening) and then in the morninge next followeing the said Jackett
did call together all or most of the company of the said shipp
or shippes and the busines concerninge the stabbing of the said Caulker by the said hickman was deliberately examined and it did
there clearly appeare that hee the said hickman wilfully ranne
att the said Caulker with his knife and had undoubtedly slayne
him, if hee had not borne of the said blowe with his arme,
which was soe evident that it could not bee denyed by the said
Jackett and then the said Orders and penaltyes were respectively
read and amongest others in the fifyth order was
contayned and provided That hee that should drawe a knife in the
shippe to seeke to doe mischeife to any man should have his
hand nailed to the mast with his owne knife, and there to stand
till hee toare it out, upon reasing of which the company of
the said shippe and moore especially the said Slaide cryed out for
iustice against the said hickman according as was expressed [?in ?the]
said order complayninge that none of them
could other wise remayne in any hopes of security and it might
next happen to the said Jackett himselfe and this is true and
hee alleadgeth as aforesaid./
6) Item That upon the grounds and readons and for the causes [?XXXX]
[?XXXXX] and outrages aforesaid and for the prevention of the like [?XXX] the future the very same penne knife with
which the said hickman ranne att and stabbed the said
Slaide was taken and (by the advice of the Chirurgeon of the said
shippe) was struck thorough the skinne beteene the two
middle fingers of the hand of the said hickman to the mayne
mast the same being a place where it could doe little or
noe hurt and the said knife was soone after videlicet within halfe a
quarter of an houre att the furthest pulled out againe by the
[?command] of him the said Jackett and the same did not goe through the
sinewes veines or [?XXXXX] of the said hickman or soe hurt or
preiudice his said [MISSING INSERTION IN THE MANUSCRIPT] but that the same presently after made presently
well as the other and [?doe] soe remayne and [?continue] and this is true
and he alleadgeth as aforesaid./
7) Item That the said Orders penaltyes enioyned for the
misdemeanours in the said schedule [?XXXXX] and especially
that [?contayned] in the 5th [?head] or order concerninge the draweing
of a knife was and is a usuall and frequent punishment att sea for
such as doe drawe their knives against others in foraigne parts
and is ordinarily inflicted and allowed by the customes of the seas
and hee alledgeth as aforesaid/
Schedule from Item: 235: Case: Hickman against Jackett
_Folder 111_110 Image: IMG_1990_
[DETAIL: IMG_1986]
[?XXXX
?the allegation]
Anno: Domini[?s] 1647
ffor as much as theire is noe Common Wealth but that
there are some Sole Persons, and bad Lives, who are
a disturbance, both to the magistrate and others, soe
likewise there is scearce anie shipps goeth to Sea
but that there is manie Sole Persons in them that
would neither feare god, nor man, unlesse they were
restrained from there Profaine courses, Therefore
I shall desire, and intreat everie man at present, whoe
is under my Command in this shippe May=fflower
or Minasses, will read these orders underneath written
and observe them dureing the tearme of our intended
voyadge: assureing your selves that whosoever shall breake
anie one of them, shall certainelie suffer according
to the Contents following/
[IMG_1988 & IMG_1989]]
(1) IMPRIMUS That whoseoever shall sleepe in his watch in his Cabbin, his hand shalbe seised up to the
maine Halliards as farr as he can reach, and a Quarter Cann of watter Powred downe his
Arme, and if he sleepe on the decke in his watch, that then there bee a Buckett of
watter throwne on him as he lyeth/
(2) That whoseoever shall Presume to stricke one of the other, and fall togeather by the Eares one with
the other, unlesse it be the Master or Boateswaine and in there absence there Mates, and not
they neither, unlesse it be for neglect of the shipps buisinesse, or for the keepeing of good
order, anie but theise shall [?SXXXX] without watter one Glasse/
(3) That he that shalbee found in his Cabbin, or other place asleepe, after the Bell hath wrunge and
the Boatswaine called up to Prayer shall have Six mens [?Capties]/
(4) That he that shalbe heard to Sweare or Blaspheeme the name of God for everie tine soe
doeing, shall have three Blowes with a smale Roapes End such is a halfe
thereaboutes, soe hard as it Can be laide on, and to be [?XXide] by him that heard him, and who=
soever shall accuse on the other falselie shall receive the same punnishment/
(5) That he that shall drawe a knife in the shippe for to seeke to doe mischeife to anie
man, shall have his hand nailed to the mast with his owne knife, and there to stand till he
teare it out/
(6) That whoseoever shall seeke to make anie Mutinie in the shippe, upon pretense of Iniurie
done him, and doth not present his Complaine to mee touching his [?bra?XXX] shall Instantlie
if hee be neare land be turned ashoare, or otherwise be keale=halled/
(7) That whosoever shall lift up his hand, either against the Master, or Boteswaine when they
stricke them for there defects, shalbe ducked three times from the Maineyard, but if they
Complaine to mee, I will doe them Right as neare as I Can/
(8) That whosoever shall steale the one from the other, it being Justlie [?proved] against him
the Partie that hath stoalen the goods shalbee brought to the Capstaine and there be whip=
ed on the bare Backe untill all the skin be offe, then his Backe to be Salted, and soe [?rowld]
ashoare in the woods or else=where/
(9) That whosoever shalbee druncke in the shippe, for the first time shall pay ffive shillings for the
second ten, and for the third twentie to the monister and soe accordinglie for everie time he shalbee
druncke afterwards, but if anie man in his druncken humor shalbe abussive, that one the morrow
following, he shall receive such punishment as the Commander shall thinke fitt according to the ffact/
(10) That he that shall lye out of the shippe without leave, Inlesse (sic) upon the ships businesse, for everie
night shall pay ten shillings if hee bee a foremastman, and an officer twentie shillings to the Minister./
(11) That when wee shall have taken in our negros, noe man stricke them, nor abuze them, but onely those
that shalbee appointed for that purpose; ffor if anie negro die, he shall justlie pay soe much as the
others shalbee sould for/
(12) That whosoever shall take tobacco betweene decks shall have ten mens [?Coptie] for a [?bearing] to
him and all others, but for the second offence Committed by the same Partie or anie other
[?XX] offences shalbee brought to the Capstaine and one hundred weight of shott aboute his
[?neck] for the space of halfe an houre
Dated: 1647
_Folder 111_110 Image: IMG_1993_
[BACK SIDE OF PREVIOUS RECTO LEAF]
[IMAGE_1993]
13. That Every morning the first thing that is done the shippe by made cleane, both [?XXXX GUTTER]
and washed if it be att sea by them that shall have the morning watch, and likewise [?XXXX GUTTER]
evening by the other watch, but when wee are in harbor by whome the Boatswaine and [?XXXX GUTTER]
shall thinke fitt to appointe
The orders above mentioned which I appointe to be strict
lie observed, and kept, by all who are now under my com=
mand for the whole tearme of this our now Intended
voyage, not desireing to execute anie one of them, but
rather hope that this wilbe a meanes to Perswade them
not to deserve the least, or anie one of them whereto I
submit my name aboard the May=flower, the 5th day
off July: 1647
Item: 245: Allegation of Elias Jordaine & Company
Folder 114_03: Images: IMG_6907, IMG_6908, IMG_6909...
114_03 Image: IMG_6908
Elias Jordaine and henry West and Abraham}
[?Manco] and Company owners of the shipp the}
William and Ralph of London against Richard}
Batson Thomas Jancy Valentine Austin and}
John Lockier merchants Smith Suckley}
Which day Smith
as proctor for the
said Elias Jordaine
henry West and
Abraham [?Manco] and
Company to all intents and
purposes of lawe and fact
did alleadge and propound as
followeth/
1. Imprimis That in the monthes of March Aprill May
June July August September, October November,
december, January and March 1649: all some or one
of the said monethes the said Elias Jordaine henrye
West Abraham Manco and Company were owners and
proprietors of a shippe called the William and Ralph
and of her Tackle, ffurniture and apparrell, and soe
commonly Accounted reputed and taken And hee doeth
alleadge and propound the same ioyntly and severally
and every parte thereof./
2. That in the yeare and monethes aforesaid all some
or one of them the said Richard Batson Thomas
Jancy, Valentine Austin and John Lockier did hire
and take to ffraight the said shipp the William and
Ralfe of and from the said Elias Jordaine, henry
West Abraham [?Manco], and Company owners of the
said shipp for a certaine voyage or voyages from
this porte of London to the porte of Virginia, and
soe back [?XXX] to this porte of London for and
dureinge the Terme and space of eight moneths
to bee accompted from the 20th day of August
1649 or from the say of the sayd shipps departure
from Gravesend outward bound att the rate of
sixty seaven pounds per moneth and soe after
the same rate for any longer time not exceeding
foure monethes more accordinge to the schedule
114_03 Image: IMG_6909
of Charterpartie hereunto annexed and that the said
schedule or Charterpartie was and is the [?XXXX]
and originall Charterpartie for the said voyage and
was signed and sealed with the proper hands, and
seale of the said Batson, Jancie, Austin and
Lockier, and by them delivered for and as theire act
and deede to and for the use of the said Jordaine, West
[?Manco] and Company And hee doeth Alleadge and
propound as above./
3: Item That in and by the said Charterpartye for the said
voyage the said Richard Batson Thomas Jancye
Valentine Austine, and John Lockier doe [?Xdition],
Covenant, and agreee to and with the said Jordaine,
West and Manco that they the said Batson, Jancy
Austin, and Lockier dueringe the said voyage would
well and sufficiently man the said said shipp with thirtie
twoe men and alsoe sufficiently victuall the said shipp
with Competent victualls to serve and feede the
said men, and alsoe to pay the said men their wages
dueringe the said voyage And hee doeth alleadge
and porpound as above./
4: Item That the said Richard Batson, Thomas Jancy
Valentin Austin and John Lockier in and by the
Charterparty aforesaid doe Covenant promise and
agree to and with the said Elias Jordaine henrye
West and Abraham Manco and Companye that they or
their assignes shall and will cause the said shipp
the William and Ralph and her Ordnance Tackle
ffurniture and apparrell to bee safely returned into the
river of Thames from the said voyage and there
discharged from and out of the said intended
imployment at or before the expiration of [?Twenty]
monethes to bee accounted from the daye of her
entrance into her monethele paye as aforesaid
or to that effect And hee doeth alleadge and
propound as above./
5. Item That in and by the said Charterpartye the said
Richard Batson, Thomas Jancye, Valentine
114_03 Image: IMG_6910
Austin, and John Lockier did hier and take
the said shipp the William and Ralph to freight
of and from the said Elias Jordaine henry
West and Abraham Manco and Company for a
voyage from this porte of London to Virginia
and soe backe againe to this porte of London
and to any portes or places as by the said Char=
terpartye more plainely doeth and may appeare
And hee doeth alleadge and propound as above
[UNCLEAR MARGINALIA]
6: Item That upon or about the twenty sixt daye of
August 1649: the said shipp the William and
Ralph did departe and sett saile out of the river
of Thames from Gravesend upon the said
voyage and imployment towards Virginia in Com=
=panye with twoe or three other English shipps
then bound for that place, and that att such time
of her departure the said shipp was stronge and
stanch, and well and sufficiently tacled apparrelled
and furnished with masts, sayles, sayle yards,
Anchors Cables Cords roapes, boate, oares,
twenty peeces of Ordinance, foureteene barrells
of gunpowder shott, Tackle, apparrell and ffurniture,
meete and needfull for the said shiipp and voyage
And hee doeth alleadge and propound as above:/
7: Item That att such time as the said shippe the
William and Ralph the voyage aforesaid did
departe and sett sayle from Gravesend upon
the sfore said voyage or imployment, the said shipp
was not sufficiently victualled for the said
voyage to Virginia but the master and Company
of her for want of provision of victualls
were inforced and Constrained to leave the Com=
=pany of the other shipps soe bound for
Virginia as aforesaid and to carrye theire
said shipp the William and Ralph to the
Westerne Islands and there to newe
114_03 Image: IMG_6911
victuall her againe by meanes whereof shee
lost the Company of the twoe other shipps
which gott safe to Virginia whither they were
bound And hee doeth alleadge and propound as
above./
8. Item That in Case the said shippe the William
and Ralph had bine sufficiently furnished with provision of victualls as shee ought to have
bine the master and Companye of her needed not
to have gonne with her to the Westerne Ilands
butt might have kept on theire Course directly
to Virginia where shee might have safely
arrived with the foresaid other twoe shipps the
Sarah whereof Edward [?Gonvill] was master and the William and
[?John] John [?Larance] master as aforesaid And hee doth
alleadge and propound as above/
9: Item That the Westerne Ilands are out of the
way to Virginia and noe shippes which goe from
this port of London to Virginia the neerest
waye doe goe by the Westerne Ilands And
hee doeth alleadge and propound as above./
10: Item That after such time as the master and
Company of the said shipp the William and
Ralfe had bine att the Westerne Ilands and there
taken in theire provisions of victualls and water
they did departe and sett sayle theire with for
Virginia but in theire Course thither by the
negligence or unskilfulnes of the master and
Company of her and her longe losse of [?them GUTTER]
by reason of her goinge to and staye att the
Westerne Ilands as aforesaid the winter being
then com: the shipp was brought to a place [?called GUTTER]
Cape Atras or the Cape of the Gulfe of ff[?XX GUTTER]
to the southward of Virginia where noe shipps
bound to Virginia doe ever come neere that
place and thereby the negligencve, or [?unskilfulnes GUTTER]
114_03 Image: IMG_6912
aforesaid runn amongst the rocks and shoales
and by that meanes and occation did receave
much hurte and dammage which meerelye came by
the nott sufficiently victuallinge of her at her
first departure out of the river of Thames and
the negligence and unskilfulnes of the master
and marriners as aforesaid And hee doeth al=
=leadge and propound as above/
11 Item That after such time as the master and
Companye of the shippe the William and
Ralph had soe brought her amongest the
Rocks as aforesaid the said master and Company
gott her againe from amongest the rocks and
carried her to Virginia and there tooke awaye a greate parte
of her Tackle ffurniture and apparrell and sould
and disposed of the same att theire pleasures
and afterwards went awaye and left the said
shipp att Virginia and never used there endeavour
to have brought her awaye which if they had
used theire endeavour they might have brought
away the said shipp the William and Ralfe
And hee doeth alleadge and propound as above./
12: Item the said Batson, Jancy, Austin and
Lockier did gett on shoare att or neere Virginia
out of the said shipp the William and Ralfe all
theire outwards ladeings and passengers sent
in her from this porte of London as aforesaid
for the fraight [?or] transportation whereof
the saidBatson, Jancy, Austin and Lockier
some or one of them or some other by theire
order direction or appointment had and
receaved, or were to have and receave,
or the samme was worth the summe of 2000
or att least 1500 li lawfull money of England
And soe much they or one of them have
114_03 Image: IMG_6913
Confessed and acknowledged And hee doeth
propound any other summe, or summes of money
more or lesse et cetera. And hee doeth propound
and alleadge as above./
13: Item That nottwithstandinge the said Contract
and agreement made by and on the parte and
behafe of the said Richard Batson Thomas
Jancye, Valentine Austin and John Lockier to and with
the said Elias Jordaine, henry West and
Abraham Manco and Companye to bringe
backe and deliver upp in the river of Thames
the said shipp the William and Ralfe within the
space of twelve monethes next after the
twentithday of August 1649: unto the said
Jordaine, West and Manco, yett they the said
Batson, Jancye, Austin and Lockier have not
brought back the said shipp againe into the
river of Thames and delivered her upp unto
the said Jordaine West and Manco but on the
Contrarye have abd doe still detaine her or att
least have nott brought her hither to the greate
losse and preiudice of the said Jordaine West
Manco, and Companye, And hee doeth alleadge
and propound as above./
14: Item That the said shipp the William and Ralfe
at the time of her departure from this porte of
London upon the foresaid voyage or imployment
was well worth the summe of 3000. 2500. 1500. [?or GUTTER]
att least 1000 li lawfull money of England and
for soe much shee might have bine sould for
And hee doeth alleadge any other summe or summes
of money et cetera And hee doeth alleadge and
propound as above./
15: Item That the said shipp the William and Ralfe
the voyage aforesaid was in the service and
114_03 Image: IMG_6914
imployement of the said Batson, Jancy, Austin and
Lockier by the space of seaven monethes before
such time as the master and Companye of her
left her att Virginia as aforesaid for every of
which monethes the said Batson, Jancye Austin
and Lockier ought to paye and satisfie unto the
said Jordaine, West, Manco, and Companye the
summe of sixtye seaven pounds per moneth
And hee doeth propound any other summe or summes
of money more or lesse et cetera And hee doeth
alleadge and propound as above./
16 Item That the said Richard Batson, Thomas
Jancy Valentine Austin and John Lockier have
divers and sundry times or att least once bine
required on the parte and behalfe of the said
Elias Jordaine henry West and Abram
Manco and Companye to deliver upp unto them
theire said shipp the William and Ralfe and to
paye them the fraight due unto them for the
said shipp and voyage or otherwise to compound
with them for the same which they have denied or
att least delayed to doe And hee doeth alleadge
and propound as above./
17: Item That the said Elias Jordaine, henry West
Abraham Manco and Company by reason of
the detention of theire said shipp and fraight
have suffered and sustained losse and dammage to
the summe or vallue of 3500 li lawfull money of
England And hee doeth alleadge and propound any
other summe or summes et cetera And hee doeth alleadge
and propound as above./
18: Item That the said Elias Jordaine, henry West Abram
Manco and Company nott havinge any other wayes
to recover satisfaction et cetera.
19: Item That the said Batson, Jancye, Austin and Lockier
were and are subiects of this Commonwealth et cetera
20: Item That all and singular the premisses were and
are true et cetera./
114_03 Image: IMG_6915
Allegation ex parte
Captaine Jourdaine
et al con Batson
et alies.
NOTES
Elias Jordaine
"Marriages: August 25 1625 Elias Jordan of Blackewall marrener and Elizabeth hughes of the same widdow married by [?XXXX] out of the Registry of the vicar generall the 25th day"[1]
See possible: SP 46/189/63 Award of Elias Jordan and John Hall, mariners, and Edward Stevens and Thomas Hawkins, shipwrights, in the case between George Warner of London, merchant, and John Kennill of Ratcliff, Middx, carver, Ann Stevens of Ratcliff, widow John Revett of London, armourer, and Reginald Peter of Wapping, Middx, bricklayer, concerning payment for carving and other work done on the St John Baptist of London 1640/1 Mar 3 [Record is unfit for production]
The 16th of June 1656.
On the behalfe of the foresaid Alderman}
Riccard and company touching the Love}
"[Deposition of William Cowne of the parish of Saint Mary
Acts London Mariner aged 24 yeares or
thereabouts] ...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 which Iland hee saith shee went out and proceeded from this port
about eighteene monethes since and ariving there about this time
twelve moneth (under the conduct of Captaine Elias Jourdaine) shee there
tooke in an lading of pepper, and having taken the same in, departed thence
to returne for the streights mouth, and soe to goe 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, which hee the
said Captaine imparted to his officers (of which this deponent was one) in the
said voyage, and this deponent having never seene the Commission or
Instructions, left by his precontest Robert Tindall, well knoweth them
to be the same that the said Captaine Jourdaine shewed this deponent and
the rest of the officers in the said voyage. And saith that after the
said shipp had taken in her said lading of pepper and was departed
therewith for Ligorne __the said Captaine Jourdaine about two dayes after
such her departure, died__, and that the said Robert Tindall became
commander of her in his place and with the rest of the company that
were surviving brought her for the Straights mouth, before which time
of comming to the Straights mouth hee saith that two and thirtie
of the company (besides the Captaine) were dead, and those that were
living were many of them so infeebled with sicknesse that they were not
able to give any assistance towards the sailing of the shipp. and most of
the rest were sick and weake, by having bin in a very intemperate
climate to take in their lading, and besides hee saith that in their
retourne had met with and with very fowle and stormy weather whereby
the said shipp was become very leakie, In soemuch that through the
weaknesse and inhabilitie (sic) of the company, and the leakinesse of
the shipp, that when they came to the Straights mouth found that there was noe possibilitie of to carry her
to Ligorne, without extreme hazard of loosing her and her lading,
but a necessitie of comming for England with her; And saith withall
that the difficultie was the greater for that the winde was then contrary
to that going into the Straights mouth. And saith that the said
Jourdaine 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 that
determination, till they found that they could not doe it, at hee saith
by vertue of his oath that they could by reason of the premisses,
without greate and extreme danger of the losse of the shipp and
lading" HCA 13/71 f.273r
See possible: PROB 11/253/234 Will of Elias Jordan, Mariner of Low Leyton, Essex 13 February 1656
Abraham Manco
Possibly a merchant taylor of Southwark
- ↑ London Metropolitan Archives, St Dunstan and All Saints, Stepney, Register of marriages, Jan 1610-Jan 1632, P93/DUN/265, sourced from Ancestry.com. London, England, Baptisms, Marriages and Burials, 1538-1812 [database on-line. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.], viewed 09/03/15
