HCA_13_31_Full_Volume_Processed_Text_EDITED_Ver.1.0_02072024.txt

HCA 13/31 f.11r Annotate
<> Adyn contra
william Russell
Captaine Steward & william Edwardes scottishe men, which Edwardes
was pursor and nowe dwelleth in Spaine as hee hath herde
Samuell Turner 
15 Aprilis 1594
Wilhelmus Rich Civitatis London
haberdasher in vico vocat Breadstreete moram
trahens et com̅orans Natus Annorum xlᵗⁱ Testis
ad Judicis informacionem in hac cause productus &c
The fore saide william Riche beinge firste certified
and instructed of the oaths & swearinges of Nichollas
Colquett and of william Audlye severaly taken in this
cause especially of that pointe which tendeth to the
paimente of x£ pretended to be made by the saide
Audleye to this deponente as parcell of the debte
of william Russell; He this deponente dothe
thereppon verifye sweare and depose ⁁
by vertue of his oathe
that nether
the saide william Audley nor anye for him hath
att any tyme paid to this deponente any such some
of x£ nor any other some of moneye att all for the
debte of william Russell of Tottnes as in their
severall depositions ys specified and contained
And also this deponente further deposethe that
he beinge an Executor to his late deceased brother
Richard Riche & havinge the bookes & accomptes of his
saide brother to whome as well as to this deponente
the said william Russell was & ys indebted, he
doth ⁁
not
any waye finde that william Audlye or any
one
for
him hath made any paimente
to him of any suche
some of x£ nor of any some att all nor any mention
or worde wrighten of Audleye wherby yt maye be
gathered or supposed that any such paymente hath
been made vnto him by the saide Audley
per me william Riche
~~~
HCA 13/31 f.11v Annotate
 #29
29
718

Die martis 16 Aprilis 1594
John Bardsey of
London Gouldsmith of the age of 36 yeares
or thereaboutes sworne & examined before the righte worshipfull master doctor Cesar
Judge of her maiestes high Courte of the Admiralty vppon certaine articles geven on
the behaulfe of Simon Sedgewicke & christofer ffurtho as followeth.
To the first article he sayth by vertue of his oathe that the articulate Sedgewicke
Brensford, ffurtho, Howe, & this examinate were partners in the bargaine of certaine
pearles boughte of Captaine Stratford, & were all presente at the bargaine
makinge, & soe continued from the first tyme the bargaine was made vntill the
laste, & paid the said Stratford some moneyes in hande for the same, and for
paymente of the reste, this examinate & the reste of the partners ioyntly firmed to a
bill made by Captaine ffurtho as he thinketh & delivered the same as theire
deede to the said Stratford /
To the second article he sayth truth yt ys that Howe by the consente of this examinate
and the reste of the gouldsmithes aforesaid did make the price with the said Stratford
for the said pearle, & not otherwise
To the third he sayth that Howe did not challendge eany further intereste in the
bargaine of the said
pearles, then the reste of the said partners
did, and this examinate affirmethe that he & the reste were as carefull in the buyenge
& conveyenge of the said goodes to lande as the said Howe was And more to this
article hee cannot depose
To the iiijᵗʰ he sayth most truth yt ys that after this examinate was examined in Pli¬
mouth he came into winters garden to certify howe what he had don, and
soe sone as the said howe sawe this examinate he vsed theise speeches in
greate rage swearinge a greate oathe Thow hast vndon vs all, and hast
I thincke taken a pece of money to betray vs, & sayd he would rather
haue byn torne in peeces, then confessed the matter, And this examinate cannot
deny but he confessed that ffurtho & the said howe were the men that
had boughte Captaine Stratfords pearles Notwithstandinge he saythe
that confession was made with consente of Howe & the reste of the partners
to lay all the faulte on howe because this examinate & the reste mighte haue
theire liberty, howe beinge fled with the goodes
To the vᵗʰ he cannot depose of his owne knowledge for that he was not called
to the articulate meetinge but hee hath hearde such a meetinge there was, and
by the reste determined to meate afterwardes at Bristoll aboute devidinge of the
pearles
To the vjᵗʰ he sayth he herde howe say & proteste since he gott the
pearles into his handes that he mente to deale honestly and well in the
devition of the pearle with this examinate & the reste of the partners, & that he
would deliver a true accompte of them And more he cannot depose Savinge
he sayth that yesterday being the xvᵗʰ of this instante Aprill 1594 the said
Howe said to this examinate, that if Sedgewicke would bringe in the pearles
as he receaved them he was contented to acknowledge Sedwicke for
partner
To the vijᵗʰ he sayth true yt ys that Captaine ffurtho shewed to this examinate in his
chamber a bagge with silver & goulde, but howe much was in the same he knoweth
not, alleadginge that the said money was for his parte in the bargaine of the
said pearle, & that his father had the reste in readines
To the viijᵗʰ the saythe he knoweth that the articulate Roberte howe Rowlande
Brensford & Bartholomewe Gilbert haue byn partners, and as hee hath herde
by Indenture
To the ixᵗʰ he saythe true yt ys the said Howe came to this examinates lodginge in
Busshoppesgate streete, & there in presence of Thomas marshall willed this examinate
to reste contented, for he mente to make him partner with him in the bargaine
& to suffer him deale with Sedgewicke & ffurtho as he coulde Sayenge what
reason ys yt that they should be partners with him : And he never knewe or
hearde vntill nowe of late, but that yt was mente by all the partners that
ffurtho should haue his parte of the bargaine soo farre further as his
money extended
Jhon bordsaye
~~~
HCA 13/31 f.12r Annotate
Die Jovis 18 Aprilis 1594
Robertus worshippe Ciuitatis London haberdasher vbi per septemum moram
fecit, natus in oppido de Lecester annos agens xxv vel circa testis in hac parte productus iuratus
et examinatus dicit quod Radulphum Simes per quinquenium ac Georgium Oliveret willelmum
Gould per xvj menses respectiue noverit
Ad primum articlum libelli in hac causa dati vigore sui iuramenti affirmat That the articulate
Richard Billett hath had dealinges at Cane in Normandye for master Symes in receavinge
& sellinge of goodes for him, & makinge returne in other goodes from thence to master
Symes by the space of thre yeares as he hath herde both the said Billett
& Symes severally declare And of his owne knowlidge he certenly knoweth
that aboute christmas was xij monethes master Symes sente to the said Billett in the
Swallowe of London master John Osborne two dryfattes of white corslettes fortye
seven barrells of powder, or thereaboutes every barrell conteyninge one hundrethe
weighte or thereaboutes with certaine holberdes & pikes ⁁
to his remembrance
the quantity he knoweth not
ffor this examinate should haue gon over with the said goodes to take accompte of the said Billott
for master Symes & to receaue such returne as he could gett, but loste his passadge
in that shippe, and soe passed over to Depe & from thence
wente to Cane
where at his com̅inge he founde the said Billott, had receaved the said goodes
consyned vnto him by master Symes & sawe them,
in his custody togeather
with other goodes remayninge vnsoulde which master Symes had sente him before whereof
master Symes had geven this examinate a note, with order to gett them out of his handes
if possibly he mighte : whereby he certenly knowethe that the said Billott was
factor at Cane for master Symes & soe reputed generaly amongst the merchantes
there, Besides this examinate chardged the said Billott with greate somes of money
that remayned in his handes due to master Symes & craved accompte thereof, at
sondry tymes, and the said Billott replied that when his accompte was
perfected and his factoridge allowed
noe such matter would appeare, and prayed
this examinate to haue patience for a tyme & in the meane while he would make home the
best returne he coulde, and accordingly shortly after the said Billott sente master
Symes one trusse of canvas & viij tonnes of trame oyle to his beste remembraunce
and also delivered this examinate 128 french crownes towardes the paymente of two
trusses of canvas which this examinate boughte for master Symes accompte, Ad aliter nescit
Ad secundum et tercium affirmat articulos continere veritatem Reddendo rationem ut
supra That master Randolph Symes sente over sondry goodes to Cane for his
owne vse & accompte to this examinates knowledge consigned to the said Richard
Billott his factor which as his factor he receaved & imployed & made
returne at sondry tymes nowe in one shipp, & then in an other of this examinates knowlidge
as the factor & dealer of master Symes, and soe he was accompted
Ad quartum attestatur articulum verissum esse ffor this examinate beinge the articulate
Roberte worshipp & the servante to master Symes was sente over by master
Symes to Cane in november 1592 to
pass
accompte
with
the said Billott
& receave of him such somes of money and goodes as
remayned in his handes
due to master Symes over & above the returne made before to master Symes, and
vppon receipte of such moneyes & goodes to imploy the same for the accompte of master
Symes his said master
Ad quintum affirmat eundem continere virtutem ffor at this examinate com̅inge to Came
he demaunded accompte of the said Richard Billott accordinge to his masters
order, and the said Billott answered he could not perfecte his accompte without
sighte of master Symes accompte, & therefore prayed this examinate to haue
patience for a tyme, & to sende over to his master for his accompte and in the
meane while he would make the best returne he could to master Symes
in such wares as he could provide there for his accompte vt dicit
Ad sextum affirmat verum esse that shortly after this examinates conference with the
said Billott to the effecte aforesaid, and in the monethe of ffebruary 1592
to his best remembraunce the said Billott boughte in Cane certaine
canvas of william Russell, one Clarcke & Jaques Esleane of Argentyna
merchantes to the quantity of fyve or six packes which this examinate, and martyne
Chatterton servante to master Tidder then there also, made accompte he
had boughte generaly for the accomptes of master Roberte Bromley, Randulph
Symes Thomas Tidder, for whom he was factor, & dealte, and
in regarde that the said canvas was boughe for the vse of the said
merchantes as this examinate made accompte, he this examinate & the said Chatterton
~~~
HCA 13/31 f.20v Annotate
nere Conquett in Borne tooke out of the said shipp the same
all the said goodes & money laden on borde the same togeather with the
shippes furniture victualls & all other thinges that could be taken away
& besides beged the shippe in such sorte that the master & companye were
inforced to ren the same a there to avoide vtter perishinge weare the
parte by frendshipp made to merchantes of Conquett provided money & repayred
the said shippe & sente her away homewardes to be greate chardges
havinge beclowed to hundreth Crowners & more which he tooke vp
creditt in repayringe the said shipp there
And sayth that this deponent vnderlandinge that the said shippes which soyled
him were of Oloua
traveled thither hopinge to finde inflice
there for the recovery of his said goodes and com̅inge to the Towne
hee saie sondry of the company of the shippes that spoyled him, and
caused some of them to be examined by notaries before the Eovernor
of Cloue who confessed the takinge of this deponentes goodes, & were sorye
that eytt was theire hape to meete with him
sayd to
the sole was done with
out any of theire consentes & the company of one of the said shipps
offered this partie composition with promise to bringe the reste to the like
Wherevppon this exe was resolved to compounde with them, and shortly
after this deponent ouse came and tould him that there was determination
amongst the manners to take away his liffe yf he sayde for composition
& therefore wished him to take testimonie
of these depositions
which had byn sett downe, & to gett him away for Revell, and
there to make complainte for the wronges offered Soe as this
eate fearinge the daunger of his life gott beslimonia
of the
examinations aforesaid & therewith fled away without proceedinge
further against the spoylers there
And sayth that this depon traveled to Richell & there complayned to the
Kinge of evarrey nowe beinge the ffrences kinge of the said spoile
who offered this plaintiff warrante to arreste the malefactors if he knewe
howe to come by them but perceavinge noe hope of redresse by that
course for that he durst not repaire againe to lona for feare of
his liffe this deponent returned for Englande & became humble peticioner
to the righte honorable the if & others of her maiestes privy councell
for Justice & redresse of the said wronges & theire but vpon
hearinge of the cause referred him to the L. Ambassador then resident
in London, & also wrote theire honors lettre to Sir Edward Stafforde
then Ambassador for her maiestes in ffraunce that he should be a meane
to the ffrench kinge that this Lee mighte haue restitution or satisfaction
of his said goodes / With which lied both from the L Ambassador &
the Ls of the Councell this ye travayled againe into ffraunce
to seeke iustice in continued aboute vj weekes space there a sutor both to
the Covernor of Gloue & the Ambassador & all others with whom hee
mighte finde eny meanes for recitation, but was informed
laste to come away with losse of later & greate expences, for feare
of his lyfe ffor that he vnderstoode there was a pretence amongst
the marier that spoyled him to take away his life and since hath
not made any recovery which he affirmeth to be most true
devinge moreover that by reason of his prosecutinge of his cust at
Gloua for reputation of his said gooddes he learned & doth knowe that
the owners of the said xiiij shippes which spoyled this deponentes shippe
& goodes & had parte thereof are owner or perteiners of ing
of the shippes belonginge to Conn In regarde whereof hee hath
prayeth he may haue processe out of this Courte for the arre and
of eny the shipps & goodes of the habitantes of the said howse of
Clon vntill he be satisfied of his said losse & damatter susteyned
by the same
George Nod
~~~