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HCA_13_39_Full_Volume_Processed_Text_EDITED_Ver.1.2_07072024.txt
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CHECKED - 25 PAGES [TUESDAY, AUGUST 13TH 2024]
CHECKED - 53 PAGES [WEDNESDAY, AUGUST 14TH 2024]
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HCA 13/39 f.1r Annotate
~~~
HCA 13/39 f.1v Annotate
~~~
HCA 13/39 f.2r Annotate
10 Julij 1657 [MACHINE TRANSCRIBED] [CHECKED]
[ADD DATA]]
Robertus Harte civitats London Mariner did did
Pascher contra nave
aetatis signt xxx annorum aut eo circiter testis in hac parte
said
juratus et examinatus quod partes agents non novit
the Phillipp and
John et amplius prigus Barwards and sex he domas Jacon Merche p sharin are a
with
soe provit et /
Ad primum articulu allegaconis in hac causa date afficit
end ever That the said Phillipp Barnardo and John
ffrancisco Soprany have beene owners of the said shipp the
Phillip and John for the spaceof these two yeares
last past for about that the she was bought for then in
Ireland./
Ad secundum et tertium articulos affirmat that the said shipp
the Phillipp and John the tyme articulate was laden in the
porte of Lisborne with salte, sugar and divers other goods to
the transported in her from thence to London, which hee knoweth
to bee true for that he was one of the Company of the said
shipp the said voyage. Et aliter nescit deponere
Ad quartum dicit, that the said shipp the Phillip and John
being laden as aforesaid was stayed in the said port
of Luxborne by the comannde of Vaso ffernande Casar
articulate being an office under the king of Spaine for
the space of a moneth or thereabouts of this examinats knowledge
being in her all the said lands
Ad quintum affirmat[?XXXX] et vera ex relat [?XXX] et
[?XXXX] dca annos et aliter nescit, for that this examinate was on
shore duringe the said stormes and tempestes, And when this
examinate came on board the said shipp hee found shee had lost two
great Cables two anchors and had her missen mast cutt [?XXX]
and her [?second] and round house broke downe/
Ad sextum et septium affirmat este [?XXXX} in s[?XXXXXX]
for that this examinate was in and the said shipp at the said
time, and sawe the premisses to bee true./
Ad octavum affirmat [?XXX XX] that the Phillipp and John being
forced into Milford haven as is articulate cast anchor about 4
of the clocke on Easterday in the morninge, and in that time
had in her all their goodes and monie laden in her at
Luzborne as aforesaid for ought this examinate knoweth, Et aliter nescit.
and he saith hee knoweth that the chest of Sinnamon was
then in her whole and not broake upp of this examinates sight
Ad 9 affirmat vera [?XX] that the said shipp the Phillipp and
John was inforced to stay in Milford haven as aforesaid for
want of a wind to come for London for the space of six
weekes during which time the merchant and company of the said
shipp the Phillipp and John were constrayned to sell some
sinnamon out of the foresaid chest of Sinnamon after the company
of the man of warr had broke upp the same and carried
away a greate parte thereof) to buy them victualles
of which they stood in great need or otherwise the
should have bine starved for want of victualles
but
~~~
HCA 13/39 f.2v Annotate [MACHINE TRANSCRIBED] [CHECKED]
but howe much Sinammon the Company soe sould hee knoweth
not
Ad decimum et undecimum hee saith that the said Raphe Nicholson, James Welshe
and Smithe the Boatswayne about nyne of the Clocke on Easter
day last past beinge some three or foure howres after the said
arrived in Milford haven as aforesaid went a shoare, to goe
to a Charche Called Stoke Church beinge a mile distant from
the said haven to receave the Communion and while they were
at Prince there came into the said Haven a manne of warre
of Roterdam called the Sunne and her Pynnace with her
said Cast Anchor close by the Phillipp and John and
sayth that when the said Nicholson Welshe and Smithe went
a shoare all the goods laden in the said shipp the William
and John as aforesaid were fast locked upp and he
verylie beleeveth that the two baggs of money and the
Case of muske articulate were safe in the merchannts cheste
in which they were putt for this Examinate never sawe them
stirred nor taken out, which hee knoweth to bee true being
them on board the said shipp the Pishipp and John and
knoweth the premisses to bee true./
Ad duodecimum dicit that presently uppon the Castinge
Anchor of the said shipp the Sunne and her Pynnace
divers of the Company of the Phillipp and John to th
number of 11 or 12 went in kindnes on board the said
man of warre in the the Phillip and Johns boate
whome the Company of the said man of warre kept
there and in the said boate came and 10 or 11 of the man
of warre on board the said Phillipp and John to viewe
what her ladinge was and said they had Portingalls
goods in her and would make prize of her and by force went
downe into the said shipp to viewe the goods and then
went on board their owne man of warre againe, which
he knoweth to bee true beinge on board the Phillipp and
John and sawe the premisses to bee true.
Ad tertio decimum et quartodecimum dicit that the said Welshe gNicholason
and Smithe beinge on shoare, and understandinge of
the violence offered to the Phillipp and John by the
man of warre they hyred a boate, and the said
Smithe and Welshe offered to Come on board the said
Phillipp and John and the Company of the man
were resisted them and shott at them and in the [?end]
forced them with shott to come on board the man of
warre and allso the Company of the said man of
warre likewise tould all the rest of the Company
Phillip and John to goe on board the sayd man
of warre, saveing Hayes the masters mate, his boy and
the Surgion and layeinge the man of warre and
her Pynnace saide by side the Phillipps and John
and had the quiet possesion of the said shipp the Phillip
and John and all her ladinge and then her all the company
~~~
HCA 13/39 f.3r Annotate [MACHINE TRANSCRIBED] [CHECKED]
of the said Phillipp and John saveinge the three aforesaid and
in hold on board the said man of warre, and had put [?XXX]
master and the Gunner in the Bilboes all which is true of this
examinates knowledge beinge one of the Company of the said
Phillipp and John
Ad sextodecimum dicit that the Company of the said man of warr
having by force gott the possession of the Phillipp and John
and her ladinge aforesaid they kept possession thereof
from one or two of the Clocke on Easter day till nyne of
the Clocke the next daye and in that whilest they rifled
the said shipp and her ladinge and broke open the hold
and the marchannts Chest and the masters Cheste and
tooke away all that was in it and hee verelie beleeveth
in his Conscience that they tooke away the two baggs of
money and the Case of muske articulate for that the merchant
missed the same assoone as hee cannot on board and
he sayth that assoone as they came on board their said
shipp the Phillip and John they founde three or fowre
Chests of Sugar broken open and a great quantety thereof
taken away and a great quantity of Tobacco and a great
quantity of the foresaid Chest of Sinamon which they
then broake open out of which the merchannt afterwards
sould parte to buy victualls as before he hath deposed
all which this examinate knoweth to bee true for that when they
came on board they founde the said goods rifled and
broken open as aforesaid./
Ad septimodecimum dicit he hath heard the master say as muches is
Conteyned in this article and more hee cannot depose./
Ad duodevicesimum dicit [?XXXX] ut supra deposuit
Ad undevicesimum affirmat that presentlie after the
said Welshe and Company Corne on board they founde
all the Chests broken open and the money muske
Sinamon and other goods taken away as aforesaid
and thereuppon the said Welshe went to the said
Captayne [?Jasperson] to tell him thereof but what
answere had hee knoweth not, but this examinate
knoweth that assoone as the winde came fayre the
said [?Jasperson] and Company sett sayle and went away
with the said shipp and Pynnace and made no2
restitution of the said goods./
Ad vicesimum dicit [?XXXX] esse vera ex scientia et [?visu] suis
Ad vicesimum primum dicit [?XXXX] esse vera for that he knoweth
that neither the Phillipp and John nor the Country
thereabouts were able to have resisted the said Man
of warre and her pynnace for that they had in them an
hundred more and 20 peeces of ordinance at the
least or there abouts.
Ad vicesimum secundum nescit deponere.
Ad ultimum dicit praedeposita per eum esse vera./
~~~
HCA 13/39 f.3v Annotate [MACHINE TRANSCRIBED] [CHECKED]
Ad Interrogatoria./ [CENTRE HEADING]
Ad primum exposito sibi [?XXXX] [?XXXX] est supra./
Ad secundum respondet that he was one of the Company of
the said shipp the Phillipp and John duringe the
said voyage./
Ad tertium dicit that all the Company of the Phillip
and John were in hold on board the man of warre savinge
Hayes the masters mate, his boy and the Surgion./
Ad quartum respondet that the merchannts Chest out of which
the money was taken was in hold in the shipp the
Phillipp and John ar aliter nescit respondere./
Ad quintum dicit ut supra deposuit et aliter nescit/
Ad sextum respondet that the Phillipp and John came
into Millford haven about three or fowre of the
Clocke on Easter day in the morning, and the man of
warre as aforesaid came into the said haven about three
or fowre houres after the same day ac aliter respondet negative.
Ad ultimum respondet that the said shipp the Sonne stayed
in Milford haven after shee had Comitted the said
spoyle the space of a weeke or thereabouts ac aliter
nescit respondere quam supra deposuit/
Robert Hurt [SIGNATURE, RH SIDE]
----
Eadem die [CENTRE HEADING]
Johes [?HXXX[ et cetera.
7 testis [?XXXX]
Johannes Kellie de Dublin in Regio Hibernia tibinator
annos natus 24 in aut eo circiter testis in hac parte
productus iuratus et examinatus dicit qua agentes
non novit nec partes reas excepte Jacob Nelcho quam
novenit per spatia unnis anni./
Ad primum articulum nescit deponere insi ex auditn.
Ad secundum et tertium dicit that the said shipp the Phillip and
John was laden in the tyme articulate with the said porte
of Lisbone articulate to be transported from thence
to London ac aliter nescit deponere./
Ad quartum dicit that the said shipp after shee was
laden was stayed there by the Comandment of
[?Nasco] fferdinane Cesar a Portingall beinge an
officer under the Kinge of the Kinge of Spayne
by the space of 20 dayes of this Examinats knowledge./
Ad quintum et schedulam dicit and contere use
per late but the valewe of the damadge he knoweth
not. but this examinate sawe the same hurt downe
Ad septum et septium dicit [?XXXX] continere in [?XXXXX]
for this examinate was in the said shipp all the said tyme
Ad octavum affirmat vera esse that they arrived at Millford
haven about three or fowere of the Clocke on Easter day
in the morninge, and then had in her all the money and
~~~
HCA 13/39 f.4r Annotate [MACHINE TRANSCRIBED] [PARTLY CHECKED]
goods safe, which were laden in her at Lisborne of this examinats
certayne knowledge.
Ad nonum affirmat vera esse that the said shipp the Phillip
and John was forced to stay in Milford haven the space
of six weekes for want of a winde
to come to London dureinge, which tyme the Company were
in great extreamitie for want of victualls, and the merchante
was Constrayned to sell some of the Sinnamon which was
in a Chest which the dutch men of warre had broken
open to buy victualls but howe much was sould hee
cannot tell
Ad decium et undecimum affirmat [?easdem] esse veras beinge one of the
Company of the said shipp and seeinge the premisses
Ad duodecimum affirmat that preseentlie uppon the Coming
of the said shipp the Sonne and her pynnace to an
Anchor in Millford haven as aforesaid this Examinate and
some 10 more of the Company of the Phillipp and
John went in their shipps boate on board them in
kindes to see what they were and uppon their cominge
on board the Companie of the Man of warre put them
all in hold, and there kept them as prisoners
et aliter nescit deponere./
Ad tertio decimum quartodecimum et quintodecimum nescit deponere sed ex relata
alioru that tha he was in hold in the man of warre
duringe the said tyme and could not see what they did
but sayth that in the afternoone the same day the
Companie of the said man of wearre brought all the rest
of this Examinates Companie, savinge Hayes the masters mate which
lay wounded, his boy and the Surgion and stowed them
in hold likewise./
Ad sextodecimum affirmat that when the said company of the Phillip
and John were dismissed from hould which was the next day about
9 of the Clocke and came on bord their owne shipp they found
the merchante and masters chests brake up and money muske and diverse other
things taken away as the merchante and master reported and hee knoweth
that they also found 3 or 4 chests of sugar and the foresaid
chest of Sinnamon before spoke of broke open, and a greate
amonly thereof taken away and good part of tobacco take
away but the quantity thereof hee knoweth not all which is
true for he sawe the same chests books broke open and the goods
gone as aforesaid
Ad septimodecimum nescit deponere is exandit allon
Ad duodevicesimum et undevicesimum dicit ut supra deponit that presently uppon
the missinge of the said monie and goods as aforesaid the said
[?Massam] wert a board the said Jackson to tell him thereof
and to demannd restitucon had none as hee beleiveth et aliter
nescit
Ad vicesimum dicit [?XXXXX] ad vera ex visa sua.
Ad vicesimum primum et vicesimum secundum aliter nescit deponere saving hee saith the
man of warr and her pynnace 120 or 140 men and were well
armed and the country there had in the shippinge [?XXXXXX]
to controll them
Ad ultimum dicit prdeposita per eum esse vera.
~~~
HCA 13/39 f.4v Annotate [MACHINE TRANSCRIBED]
Ad interrogotoria [CENTRE HEADING]
Ad primum exposita subi parte parry et pere from testis ren
said supra
Ad secundum respondet he was one of ye said trumpeters of ye said shipp
the Phillipp and John the said voyadge/
Ad tertium respondet ut supra deposuit.
Ad quartum respondet ut supra deposuit et aliter nescit./
Ad quintum nescit respondere aliter qua se depose.
Ad sextum respondet the Phillip and John lay in Milford haven some
8. or 9 houres before the said spoile was done as aforesaid et
aliter respondet negative.
Ad ultimum respondet the said shipp of warr stayed in Milford haven
4 or 5 dayes after she had done the said spoile and he
sayth they did [?XXXX] the [?XXX] of the Country to have
their mony and goods restored againe but the country could
not help them soe ment of shipping and adventure=
signum Johus [MARKE] [?XXXX]
----
To Julij 1650
Edward Harrison of London Skynner aged 47 yeares
or thereabouts sworne and examined before Sir Thomas
Crompton knight Judge of his majestyes highe Courte
of the Admiralty uppon certen questions concerninge the
[?XXXX] and propriety of 20 Lastes of pitch [?ZXXX]
attached at the suite of the Eastland company sayeth
as followeth
That the said 20ty Lastes of pitch were laden at
Danske in Poland by John Harrison for his proper accompte and consigned
to this examinate for the payment of certen debts which
he the said John oweth for ye which debts this
examinate standeth engaged
And he further say that the said John Harrison is
an apprentice as yet to Theodore Tomkinson who
is free of the Eastland company and for that he
is now in some trobles wherewith hee cannot use his
trade him self and allso for that this examinates sonne
being his apprentice should not loose his [?time] during
the trobles of the said Tomkinson he hath
licensed him the said John Harrison by writinge
under his hand and seale made about three yeares
paste to trade into the east country for his owne
use and accompte and into all other places [?XXX] his said
master is free of
Edward Harrison [SIGNATURE, RH SIDE]
~~~
HCA 13/39 f.5r Annotate [MACHINE TRANSCRIBED]
said
Pascher Thoma et
Hopes his contra Pum
Barnard andr
Saint testis recoru
and
dir Mercarry xxx July And 1657
Johannes Baptista Causella mercator extraneus
habitans in Civitate Londinensi aetatis 31 annorum aut eo circiter
testis in hac parte productus iuratus et examiantus dicit quod partes
agentes non novit Phillippum Barnardi et Johem ffrancisco
Soprani per triemmium noverit./
Ad primum articulum allegaconis dicit et affirmat quod nescit deponere/
cisi ex relata aliorum./
Ad secundum et tertium articulum dicit quod aliquaa mensum in hac articulum specificatorum este
testis vidit navem articulata [?XXXX] the said Phillipp and John
in portum Lisbone run sale et nonualls aljs one and Anto
de Costa Phillipp Bernard et ffrancisco Sopra, et alios
mercatories Busitanes spectantibus omissa suisses in ad part and
Jonmenson transport and et ames d seales quod sciber all
bone in navis pred in posta Lisbone erate dus savrall per
erat Camples one hath quant et credit quadam ffiften
soe monie in pletam in eadem nave overatam, sed oughat ad quas
specit et scisarious pred sperabaut credit came quod pon
pred et aliquos fflemerste sperabut et credit quod dicta bona
in eadem at the said halloppes and son xx preservur of a pace is
drous suchis per oate sent as hee condice of pill maris and
parata in ea vigin eita bonn essent spetica out capta aut hee ye
in in case proprietary xxx earing et in da was add and passe some
de soe ut itatu et come interrate enos nam et proprat annos
body in transpondes being of still isting deponents quin f water
he the et 9
into are sec
Ad quartum affirmat dca or eu eo vera
aut eo
s ut ex of arlo detentia suit savere p
circiter et scivit quam prius erat et possight came in a
Englis et all a testis premisses
at send
Ad quintum affrom ex and non nam et it articulate in oi arlo in vessina
et affirmat pteven ex vit et scientia suis quod endet did nave de Captaine prout
actor et aliter nescit
Ad sextum affirmat sea ea vera et quod p prmis sua et psons in a cam tempe
art
Ad septimum affirmat in ever reddens rationem scientia sua ut supra
videlicet quod presens fitt in dra ren eadem to moore et ou prisoru
dco
oculat is testis fitt
Ad octavum articulum affirmat end reste sed parte deponers non endit noe
sarriagents omnia in dca for said mett did comitatu Cista Pus
in magr
et exam Cistam Game particulat et andit ex
et alioru quod p dict dco said cargent surant in care
and trave et aliter nescit deponere.
Ad nonumum articulum nescit deponere aliter quam prodca navis pman at
India Port Milfordien per spatiu sex helenadoru aut eo circiter
et quod durnte tempora pdro Nauta doe navis suert in
nexta necessitate provictuallius, it at muto accorpretant
beginia abist deponente et al alis presuis necessitatibus ad
remond victuallia.
Ad decium articulum dicit quod die doi articulate et circisparrium
quatu are post arrills dicti Mevis in dra Port ordie.
Welshe ot pcellson ibaut ad en less non procildistam
abisto parte ut iste deponent affireabant et aliter nescit deponere./
dresse per ex psuistius deponentis.
Ad undecium dicit
and
a dicit quod nescit deponere mishe relat nautaru dicto
said
grave the Phillipp and John give tringe temperid eration istore./
~~~
HCA 13/39 f.5v Annotate [MACHINE TRANSCRIBED]
Ad secundum et prius nescit deponere expir suffer excecta aetatis
relat tam ex natus de Navis the Phillipp and John quare
inhabitantibus pulle pilo que but stituata est in liter badem
quod parte dco die doctum articulate a nauta dicto navis
belonge vorat the same passendeat dran navem the Phillip
and John et asportavit nauta sua et eo in Novibus bellica
carre verit et quod quiet possessione habert to
dco Gravis the Phillipp and John quambonoru in eadem
one intoru p sper pignit quat or Eru aut eo circiter et
her servit quod in examinate more wante Navis belie distrumplant
cam dists factoris et magra dicti navise nontar quam
dram Bristam main et dias distas succarried
interted qualitie ex tillis ashorturnt nescit/
Tobacco et al rea
et dicit pretera quod past master Havers belie relius sent
shore to his rate the said shipp at John is deponents
eadem racem astendes rendit dcas dista sua ut presertus
quatus et audit cum prison mercator et Crume.
mecium dicto navis querelantes prossensis bonis
precone goo duous Caconis in hispanico, Cistanse
alijs rebus et his
Ad octavum nescit deponere in quod mage dicti Navis the Phillipp
and John Danirat marreat is pretimore ut shee et scit
seceit was acqitantiales dis pratis integro and sett ship
eo Coms ut paste retulit to deponent
Ad xviij et tertium nescit deponere./
Ad xxiu affirmat eu esse vera ex visa istius deponentis
Ad xxiu affirmat quod ex relat alioru audivit quod essent in
dis natus navitis bellivis articulatts sent et quadragent
sommes et reddit quod essent extum instruct et preparate owners
Instrumentis beleivis et essent sufficientis habitatis ad
supremend et apprend tres naves ex qualitate as the
Hipp and John que erat maris mercatoria
Ad xxij nescit deponere./
Ad ultimu dicit praedeposita per eum ea vera et rendit rationem
scientia sua in premissa et quod proprius et victor erat
undra Nave the Phillipp and John a Portu Blestomers as
portum de Milford port
Ad interrogatoria./
Ad primum exposita sua pricula periury respondet ut supra
deposuit et dicit pretera qua mercator et et Sastrator
his ext et p decem in must lastis iuratus suit
Ad secundum respondet quod fitt water soe preprius in dca a
the that is and John ut supra deposit
To secundum et quartum dicit ut supra deposuit et aliter nescit/
Ad octavum dicit ut supra deposuit et aliter nescit.
Ad octavum respondet noe dca pravis the Phillipp and John fitt
dro Portu Milfordes space his her are ante schoolis
it ranson aut eo circiter, Et aliter respondet negative.
Ad septium dicit et respondet quod era rais bellica nominata
said Spaine reman but is port articulate p space trum
eu aut eo circiter past dicti spoia Comission at her
fit quod dicti cles et Nichollson et arte dicto navis the
Phillipp and John instanter require an open et al
Inhabitantu prope portu Milfordes pro neceracon or
~~~
HCA 13/39 f.6r Annotate [MACHINE TRANSCRIBED] [PARTLY CHECKED]
[ADD TEXT]
----
Negotiu contemptus)
Bernardum [?maco])
Stepham Smiths civits London piscenarius annos natus 30
but be quiter testis in hac parte productus iuratus et examinatus dicit
quod Jacobum are per bienniu aut eo circiter et Bernardina
Maior per sex menses respective noverit
Ad prima articulum articuler in hac causa contra dictum Bernardum
Maior dat affirmat That hee knoweth that for the space
of tenne yeares paste the Lord Charles Earle of Notingham
hath beene, and soe at this presente is commonlie accomted Lorde highe Admirall
of England, which hee knoweth to bee true for that for the
time aforesaid hee hath beene acquainted with some that
wrote in the Admirall office and hath beene divers times
presente with them in the said office and seene the writts
and other proceedings to goe out of the said office on
the name of the said Lord Charles as Lorde highe
Admirall of England and Ireland and Wales
Ad secudum affirmat That hee beleeveth that the said Lorde
highe Admirall by vertue of the letters patents made to
him in his behalfe and his Leefetenants and Judge of
the Admiralty lawfullie authorized under him, hath authority
to heare and determine all matters donne or happeninge upon
or beyonde the seas or within the jurisdiction of the Admiraltie
of England. Reddens rationem ffor that hee hath
knowen dureinge the time hee hath beene acquainted
in the Admirall office as beefore That the leeftenants
said Judge of the Admirallty authorized by the said
Lord Admirall have hearde and determined suche
causes./
Ad tertium articulum affirmat That the Lordes highe Admiralls of
Englande and for the time beeinge and theire Leeftenants, and
theire officers and ministers under them, and the now Lorde Admirall
and his officers under him had and have authoritie by vertue of
anie warrante under the seale of the Admirall Courte to arreste
and attache as well the goodes as the bodie of anie person
whatsoever for anie matter happeninge within the iursidiction of
the Admiraltie, And Commande all
Viceadmiralls Justices of peace Maiors bailiffs Sherifes and
other officers and ministers and Lawe people whatsoever of oure
sovereigne Lorde the Kinge to bee aideinge and assisteinge to
theire officers appointed from the execucion of suche warrants
~~~
HCA 13/39 f.6v Annotate [MACHINE TRANSCRIBED] [CHECKED]
which hee knoweth to bee his ffor sett hee hath knowe
warrants goe forthe of the Admirall Courte to that effects of the
in those warrants theere, and hathe beene usuallie inserted a claues to
commande all officers, and ministers, what soever to bee
aideinge and assisteinge in the execucon of such warrantes./
Ad quartum affirmat quod refert se ad lettras patents domino
magno Admirallo connessas, Ac aitel nescit deponere/
Ad quintum refert se ad lettras patentes dicti leli et ad
inta et aliter nescit deponere./
Ad sextum affirmat, That in the monethe of December
laste or theereaboutes, there was and warrante procured
out of the highe Courte of the Admiraltie of Englande
under the greate seale thereof directed to all Viceadmiralls
Justices of peace maiors Sherriffs bailifes Connstables and other
officers and ministers whatsoever and to this examinate
Steeven Smithe speciall messinger the same for the
arresteinge and attachinge of all and singular goodes and
merchandizes belongeinge to Edwalde Crosse and James
Jacob as is articulate, and to arreste the beere of the said
Crosse uppon an action of a hundred marcks at the
suite of the saied Jacob for some contracte had betweene
them beyonde the seas which hee knoweth to bee true
ffor that this examinate went with the saied warrante ou of
the said highe Courte of the Admiralitie to execute th
same
Ad septium affirmat That about the 20th daie of January
laste (as this hee now remembreth) this examinate came to
Waymouth with the sayd warrante for the arresteinge of
the said goodes, and the bodie of the said Crosse, And the same
daie immediatelie after his comeinge to the the saied
Towne, this examinate wente in Companie with Highe mustian
of Weymouth aforesayed to the house of the articulate
Bernarde maior, and there in a Chamber of the saied
maiors house findinge the said Crosse and Maior together
this examinate by vertue of the said warrante did arreste the
bodie of the said Crosse and allsoe arrested and attached
all and singular goodes wares and merchandise belongeinge
to the said Crosse or Jacob and remaineinge in the hands
of the said maior,sayegeinge unto be master Maior of doe
by vertue of his warrante sheweinge to him the said
maior the said warrante arreste and attache all such
wares goodes or merchandizes that are in your hands
~~~
HCA 13/39 f.7r Annotate [MACHINE TRANSCRIBED]
and
and doe belonge, either to Brard Crosse or James fall
were
and which if have herefore ated in her handes by
vertue of the Mayors warrante, And I doe charge hee
by vertue of this warrante that not hee the said
goodes for the comeinge to there hee further order taken
heerein. And whiles the said this examinate was in the hone
of the said Maior Richard Genoses of Weymouth
aforesaid came allsoe into the said house, And extes
xte did allsoe arreste and attache all and singular
goodes wages and merchandizes, and readie more or but
handes belongeinge either to the said Crosse or his
and allsoe charged him the vertue of the said warrants
out of the Admirall Coulte to see the said goods
forge comeinge till hee should of receave furthes order
conceiveinge the same And this examinate saith that the said maior did
shewe unto him at the time of the said arreste was halse peeces of fustian, the commanded
fustian and one remante of grogrant and three peeces of sixe and good and or sale
and wynes lace, which the said Barnesses did long to the said Crosse
Ad octavum affirmat
as hee this examinate
the heard That
the said Gerire maior notwthstandeinge the said
arreste hath saile that the delivered or cause to bee
delivered the said goodes arrested in his trade
vertue of the said warrante either to the maior of
Seymoutye or his depute, and that sawe as this examinate
and hath allsoe heare there ⁁ are delivered to the said
lesse./
Ad nonum respondet affirmat That the articulate Bernaries
Bare
navor and John, but hee knowledge of the arreste
made by this exaiate by vertue of the said coast
upon the seize goodes and all the woe of the said Crosse
out of the Admirall Courte, for this examinate saieth that
aboute five of flood rideinge
at in the mighte of the same done that the said arreste
was made this examinate and the said may and Bonde
beinge exckeinge together in the said wavers house
the for and conferringe of the said arreste the said
Bende toulde man that hee was a foole, to suffer this
ente to see the said goodes, arrested in his handes, And
this examinate sayeth that after hee had arrested the bee
of the said Crosse this examinate carried him to the late
Bone beeinge then depute maior and be life of Weymouth
aforesaid and desired his and, whereupon the said Goods
stoode the said Crosse into his Custodie, and committed
him to the Tories prison where hee was detained one night
and the next morninge as this examinate was readie to come out
said Boats
of the Townes hee cause the said Crosse to bee broughte to
this examinate, and this examinate refused to meddle with him leaveinge
him in the Customer of the said warrante Bond and
~~~
HCA 13/39 f.7v Annotate [MACHINE TRANSCRIBED]
chargeinge him by vertue of shee said warrante to see him fither
comeinge notwthstandeinge as this examinate and the some heard the
said Brey did release him and lett him goe, And more to
this article then before he hath deposed hee cannot depose.
Ad nonum respondet affirmat That hee hath heard that he
Jut did said that hee had good advise for the deliverie
of the goods to the said Crosse, And more hee
cannot depose./
Ad 8 and affirmat That the goodes arrested in the
hundes of the said Gerrard nor were some
or the behalfe of the said for required to bee
delivered by the said Bernarde Maior, And have
answeared that hee had delivered them before
by order from the mayer
Ad duode dicit dide de perum
Ad ultimum dicit predeposita per eum eo vera./
same Stephen Sry
Negotiu contemptis port
1
by
Johad it et
Thames Smis Caus London miscenatus annos
Idem Towe
natus xxxxx aut eo circiter testis in hac parte productus iuratus
et examinatus eis quod Lawson Jacob pey freeman et Johamen
Pitt at Island Bende per sea neerses respective nover it
ad primum arr articulum in hac causa datus affirmat
laste paste that
hee knoweth that for the space of there yeares, and more
Bailes Earle of Nottingham hath beene Lorde highe Admirall
of England, which hee knoweth to bee true for that everinge
that time this examinate hath beene acquainted in the said Admirall
office and hath seene writts and other proceedeings goe
out of the said office in the name of the said fore worke
at Lore highte Admirall of England ffeland and master
Ad secundum articulum
affirmat inde or ye ran Peter
rationem scientia suit, That dueinge the twe that hee
barge before acquainted in the said Admirall office as is
aforesaid, hee hath knowen the Resolenante and Judge of
the Admiraltie outrized by the ore Admirall to hee
and determine care and a was matters hee ppeninge
uppon of the the seas, Et aliter refert se restis porte
Corned Ali et ad scit
Ad tertiu affirmat that aboute December laste past as this
examinate nor remembree hee was by castante
~~~
HCA 13/39 f.8r Annotate [MACHINE TRANSCRIBED]
Ad
procured out of the highe Courte of the Admiraltie of England
as the suite of James Jacob articulate warreste some hitting
as were all and singular goodes a lead andes and morne
belongeinge to that at Lewards Crosse and James Jacob
as alsoe arreste the boat of the said Crosse uppon an
litigne of a hundred more at the sente of the said James
fall in to cause call and morne roweinge by reason of
some contracte had and made beyonde the seas, xxx xx this
And the said warrante was directes to allso readmiralls a
bailies and theriffe and other officers and ministers of our
neerage hee the Kinge and to this examinate were mise
which this examinate knoweth to bee true for that hee wente to
Baymouth with the said warrante to exerate./
Ad quartum resent That aboute the time articulate (as hee
now remembreth three beeinge speciall messinger menconed
on the said warrante and comente to paymonthe did execute
in the house of therward maior of waymouth aforesaid
the same did by vertue of the said warrance ⁁ arreste, and
after all and singuler goodes wares and mrchandizes and readie
XXX
more belonginge to the said Crosses or fro and remaineinge
in the handes of the said nor and Richard Benioles of
and Weymouth aforesaid, and charged them by vertue of
the said was same to keepe the said goodes arrested in theire
andes for the comeinge till hee should receave further order
touchinge the same, And allsoe as the same time did
arreste the bore of the articulate ffosse at by vertue of
the said warrante at the sente of the said James Jacob
uppon an action of a hundred marcks
Ad quintum articulum dicit and That if the time that this
examinate did arreste, the goodes aforesaid, and the Rodie
of the said Crosse the articulate John Witt was maior
of the Towne of and Plymouth Melcombe Regis, and
the articulate John Bande was builife of the same towne
Ad seption affirmat neer de That after this examinate had arrested
the goodes and boare of the said Crosse as before this ext
neered the said Casse to the articulate John ande then depont
of the said John Pill Maior of the aforesaid, and
all or Pilot of the Townes and tolde him to bee had
arrested the said Crosse as before and desired him to de
him and assiste him in the executeinge of the said warrante
said to lade the said Crosse into his Custodes and committ
him to prison there to bee safe kepte tell further order
should hee taken for him and the said Boade refused to
doe saveinge, xxx since this examinate had arrested him hee soulde
not meddle in the imprisonings of her but yf hee could bee
him any other new they would and offered this examinate the kines of
~~~
HCA 13/39 f.8v Annotate [MACHINE TRANSCRIBED] [CHECKED]
the prison willinge him to keepe in prisoner himselfe, which this
examinat refused to doe, whereuppon the said [?XXXX] sente for
John Small Towne Cercke of Plimouth whow reade
the said warrante to the said Bonde in Englishe
and then the said Bondne, beeinge were much urged thereto
by this examinate did yeelde to committ the said Crosse to prison
and wente alonge togeather with this examinate and the saied
Crosse and one of the servants of the said Towne to the
Towne prison, and comeinge to the saied prison the said
Bonde caused the said Crosse to be putt into the said
prison and caused the prison dore to bee looked, and the
keie of the doore as this examinate remembrethe was kept by
the Servante that went to the prison with them, And the nexte
morneinge this examinate delivered a true Copie of the said
warrante by which hee had arrested the said Crosse and
the said goodes to the said Bonde and
lefte the same in his keepeinge. And afterwards when this
examinate was readie to take to come forthe of the Towne
the servants broughte the said Crosse to the Inne where this examinate was willinge
him to take charge of him, [?from] the balife woulde discharge
his [?XXXX] of him, which this examinate refused to doe because
hee had before committed him to the bailife and
hee had taken charge of him and therefore charged
them to looke to him, And the this examinate beeinge readie to
take horse to goe forthe of Towne as the stable door of the said mustion where this examinates horse stood the said Bonde
did there require this examinate to take charge of the saied
Crosse, which this examinate refused to doe saieinge that hee had
allreadie committed him to the Custodie of him the said Bond
and hee hath taken charge of him and beere fore willed
him to see him for the comeinge whereupon a freinde of
the said Bonds beeinge with him demanded of this examinate to
see his warrante, and this examinate delivered it to him and
hee reade it and delivered in backe to this examinate, And then
this examinate roade awaye leaveinge the said Crosse in Companie
with the said Bonde, and others that were, which him/
Ad septium nescit deponere aliter quam priuss deposant/
Ad octavum affirmat, That this examinate heard that after his comeinge
out of Weymouth as aforesaid the said Crosse was committed
to prison againe, and afterwardes released and sett at
libertie. At aliter quam prius deposuit nescit deponere.
Ad nonum nescit deponere aliter quam prius deposuit./
~~~
HCA 13/39 f.9r Annotate [MACHINE TRANSCRIBED]
et
de
and
Ad decium affirmat That hee hath heard as hee remembreth
that either master Marr or John Ginall the Towne Celooke
did give it out that noe goodes de Lee, arrested excepte he
that did arreste them did at the time of the arreste see and
Burge the At aliter nescit deponere./
Ad octavum nescit deponere./
England
Ad tertium ren affirmat That the Lordes highe Admiralls of being
for the tyme beinge had and have authoritie to a leste and
whatsoever or wheres
goodes or person for and bill or marine action, and
doe daies sende out warrantes out of the highe Court
of the Admiraltie to that effecte, and in those wallowes there
is (as this examinate hath heard) usualls inserted a Chouse to
Commande all Breadmiralls Maior bales pikes
Connstables and other officers, and inister of the kinges
Matye to bee adeinge and assistinge in the execucon of the
same At aliter refert se and as attentes don well et
ad were
Ad octavum affirmat That Hughe mustay tolde this examinate that
beefore the said goodes were delivered to the said s Crosse
see the said mustian and wente to the said Witt, and
toulde him that the said goodes were arrested by vertue of a
warrante out of the Admirall Courte, and therefore filled
him to bee well heased before hee delivered them, And the said
the Citt answeare him savinge in mastians contente shee
seise for wee are well resolved for hatts, Al aliter quam prius
depositis nescit deponere./
Come which is
Ad Interrogatoria.
Ad primum ventum est supra./
Ad secundum respondet that soe goodes arrested were the proper goods
of James Jacob and whose suite there were arrested
Ad tertiu rendes that this examinate staied the goodes arrested, by vertine
of a warrante mentered in his owne name in the maiors
Courte of Waymouth, till hee mighte have further billotions
how to proceede againste them, and afterwardes arrested them
by vertue of the said warrante out of the ad Intill Courte
said gave order to toughe Mustian, whoe was and did for her in
at any nothe
the said action, to which xxxxx the same, one to this side delivered
of maine to disburse the Master and in beinge /
~~~
HCA 13/39 f.9v Annotate [MACHINE TRANSCRIBED]
Ad quartum respondet That hee hath heard that notwthstandeinge
this order given for the which draweinge of the said action, yet
the did still proceede, heerein, but what was ladinge of
determined hee in hee cannot answere, haveinge hee
birtye heare that the goods were ordered to the said Cosse
Ad quintum respondet That hee hath saied that hee did and
this examinate
woulde prosecute the same and that his whole estate
did relis uppon is and the Course of his soe saveing
was because hee is otherwise ingaged is the said Jacob
and use hee doe not recover his goods, this examinate shoulde the
Cardelie recover hers of him
Ad sextum respondet that after this examinate had arrested the said Crosse and
his goods, sheere was some speeche had of the agreemente
betweene hom and the said Crosse, but there was noe
agreement made, And this examinate saieth that in the said
teete of greemente hee remained the princion and this
Charges Et aliter nescit respondere
Ad tertium respondet that hee this examinate executed the warrante and
sawe the goodes that hee arrested to the of the time of the
arreste and beefore which were six halfe heeres and a rements
of fustian, and remaine of frigaile, and three peeces of
stoods of suffe and sailed or sale and copper
the so respondet That hee knoweth Bernate Maior, and
taketh to bee some therestore yeares of age, And hee suncketh
hee is able to ride to London, At aliter nescit respondere./
Ad nonum respondet that after this examinate had arrested the saied
Crosse hee kepte him in his Custode at the intreatie of the
said Crosse, and some other to breate of agreement, by the
space of some three and fower houres or thereabouts, and
then carried him to the said foule and from thence hee
was carried to the Thame prison as before, At aliter nescit
respondere saveinge hee saith shee hee that master Pill
was not at home at the time of the Accesse but the servants
of the said Tonne of Mayneinge, or one of them were with
this examinate all the while hee had the said Prosse in his custody
after hee had arrested him
Ad octavum nescit respondere aliter quam prius deposuit/
Ad nonum nescit respondet negative aliter quam presum est
Supra./
Ad decimum respondet negative saveinge hee saith that at Page
was this respondent was readie to come out of the Towne the
Crosse was broughte to this yet respondent, and there hee the said
et
staye tooke the wordes married in this interrogatory, but the
~~~
HCA 13/39 f.10r Annotate [MACHINE TRANSCRIBED]
10
him
and
refused to dringe with him for that hee had before deliver
Rs to the Custody of the said Boade, and hee had comitted
Tron to prison and kepte this there and nighte./
Ad prij respondet that it is true that hee refused to meddle which
the said Crosse and woulde not accepte of his offer
saveinge on Bailie have the Charge of 3 and lett
him looke to the thing which and
yf master Barlife will not looke to ye his well give the leave to goe
ye maine goe a chite ye will for meer for I have exered
my parrante, and have noethinge more to doe which hee
till have received further order for further then a
warrant directes hee will not proceeda
ad primum respondet That at suche tyme as this examinate was readie
by come one the said Crosse beeinge in Companie which
the said Bone and others did take this exts horse by
he heare saveinge was not bee soe like of ye or more
to the like effecte, but this examinate deate haveinge charged
the said Bowle with him as before
Ad 80u respondet That the was of Waymonlye at such
time as the said pann was served upon master Pitt and master worshipfull
and remained there in the house of John Weeldes till suche