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HCA_13_40_Full_Volume_Processed_Text_EDITED_Ver.1.1_03072024.txt
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HCA 13/40 f.1r Annotate
[BLANK MANUSCRIPT PAGE]
~~~
HCA 13/40 f.1v Annotate
[BLANK MANUSCRIPT PAGE]
~~~
HCA 13/40 f.2r Annotate [CHECKED]
ffranciscus Oliver Daniell)
Hills et alij contra Willimu}
Dennis Georgeu Bensei et)
alios}
Richardue Beaumontas de Ratcliffe
nauta annous agens 30 aut eo circiter Testis in hac parte productus iuratus et
examinatus dicit quad partes agentes per annu et [?XX] et partes reas per annu respective
novit/
Ad allegate apud acta fact, et examinata, ex parte dicti Hills et
sorioru 7imo die mensis Oct: 1608 dat../
Ad dicta allegac examinata affirmat vera ea That hee knoweth that William Dennis
George Benson, and Thomas Piborne the parties defendents in this suite, did hier of the said
parties agents the shippe lilate for 8 monethes of this examinates knowledge whoe
hathe seene the Charter partie that was made betweene the said parties for the
sate wiage, which voiage beegan the later ende of maie was 12 monethes, and
the 8 monethes were expired in Januarie last of this examinates knowledge
whoe was masters mate of the said shipp the said voiage, and wente from
London in her, at which time of the expiration of the said 8 monethes the said
shipps the Guifte of gGod was upon a voiage from Spaine to the Canaries
And because the said time of 8 monethes was expiered Mathewe Duke
and William Austen factors of the said Jenns Benson and Piborne did contracte
with John Bailey whoe mente out one of the said shipps the Guifte of God
for the saied voyage to have the same shipp to freighte three monethes
longer to serve the said merchants, And thereupon a wrightinge or Charter
partie was made in Spanishe whiles the said shipps laie at an anchor at
the grande Canaries beetwixt the sayd Duke and Austen for the saied
merchants freighters, and the said John Baily the master for the owners
of the saied shippe, to which writeing or Charter partie this examinate beeing
shee said Bailyes mate was by him made privie, and therefore knoweth
the premisses to bee true, which beeinge donne theie discharged
the Corne that they had in there shippe at the Canaries, wheene the said
John Bailie after the said Contracte made beetweene him and the said
factors died, And then this examinate beeing appointed master of the said shippe
sailed with her to the roade of Rambles, beeing the place appoisited
by the said Charter partie for the shipp to lade in, Wheere beeing arrived
the said three monethes were expiered, Whereupon the said William
Austen whoe laded the saied shipp at Rambla for the useof the said
merchants freighters, whiles the said shipps laie as as anchor in the
Roade of Rambla did covenant with this examinate beeing then master of her to have
the said shippe to freighte to the use of the saied merchants for
two monethes longer, And theerupon a Charter partie to that effecte was
made there by a Spanishe notarie dwellinge at the Laratavo beeinge
the nexte Towne to the said Roade of Rambla, And the Spanishe
writeing or exhibitte exhibited the saied 7th of September on the
beehalfe of the saied agents in to this Courte beeing shewed him at the
time of this examination, hee said the by vertue of his oathe that it is the
true copie of the said Charter partie made betweene the saied William
Austen and this examinate in the port of Rambla, the originall of which wheereunto
this examinate and the said Austen subscribed, the said notarie whoe made the
same retained as it is the Custome in that Countrie and delivered
this examinate the exhibitt remaineige in this Courte and wrote
his name to it testifieing is to bee the true Copie, And the translacon
of the said exhibitt beeing reade unto him at the time of this examination
hee saieth the by vertue of his oathe that the Contents thereof are true
and were had and donne in manner as in the same is expressed of
this examinates knowledge who was masters mate and master of the said shipp
the Guiste of God during all the saied voyage. And knoweth the
premisse as beefore hee hath deposed, Ac aliter ad allegaconem et examinat
pred nescits deponere Saveing that the sand Dukes and Austen were
comonlie accounted the factors of this said merchants laders, and
~~~
HCA 13/40 f.2v Annotate
did seale for them and bought and solde goodes for them a the Canaries and other
places of this examinates knowledge
Ad interria
in as a part goe of a such dison about signe
eger to anne and examinates of easter is noneere no
mes/
the saith in protest renders quin in this deprasons as estected interrogated
per me the Richard Beaumont [SIGNATURE, RH SIDE]
----
neeres contentity to
Chernard man
Lawrentius Boyte de Wymouth Melcombe Regis Tailor
annos agens 40 aut es circiter Testis in had parte productus
iuratius et examinatus dicit quod Jacobi Jacob non navit Bernard
maior ab infantia sui esties testis novit/
Sup quarto et quinto arlis ons eate in made in the may 1655 at
e consense producents exáminates affirnat gued as soe arles
nessist deposere saveing hee said the that the Carte perward Maior is
a Towaghman of Daymoule Melcombe Regis and hath beene, bu
Aleerin an of the same Towne and ther fore this examinate knoweth that hee
is fforne to capinetaine the prileges heerof, And hee saidge hee
knoweth that the said Berwarde nor did bring the goods belded
arrested in the handses beele heinge to the article Crosse into the maie
Courte of Maymouthe melconte Regis by the Commandements of
the Courte of Carnon the melcomibe Regis of this examinats knowlege
whoe beene a serveante of the same Conte was by the
of the Court seate to the mais use to
dringe the save goods in to the Conte, wh was aboute a weeke
after ffeeren in the had beene at Maymonthe meecombe
regie aforesaid with the Admirall warrante
Ad artion the arles allegation prese after was predeporta per sumes very
ondition
pround are position addicoat as in predepte dictimaior ea
affirmat verne, That hee this examinate beeing a verieante of the maines
or therabogates
Courte of Waymouthe, some forting hee beene the article misons
came to paymon the melforike Regis with a warrance out of this
Courte) did by vertue of a warrante out of the said maies Court
attache the goods of Edwarde Crosse are resmameing in the handes
of the article adernarde maior at the sinke of the same efeere
And upon that attachments the sawe steere mitte
declared in the said maines Courte of Carmouthe againste the said
prosse for the said goods as this owne goods of this extis kno
leere hee shathe seene the same declaration
ate secomen and messit eleale quad paris deposis saveing the
sietse that at Biche time soe hee this sexte did attachee the seied
prosse this goods in the said maines handes hee the said manne
aid interrogate to have the same goods forth comeing to answeare that
arrosse otherwise this examinate weleve have taken the goods into this
eisoe by verale of this arleste/
fe Rected and affirmat that after the arlaste make out of the
~~~
HCA 13/40 f.3r Annotate
Towne Courte of Waymouth melombe regis as aforesaid at the suite
of the said Steevon Smithe, it was ordered by the said Towne Courte
that shee said or should bringe the same goodes, to the saied boult
which hee did as before hee hath deposed, but it was a weeke after that
warrant out of this Courte had beene at Lymo the as before
hee hath deposed
Ad quartum articulos affirmat That at suche tyme as the arte warrante expecte
one of this Courte was expected by the said Steeven in the upon this
goodes of the said Crosse learinge the said Bernarde maye
in his Custodie
handes hee the said maior had the sayd goodes now ye controverse and
this examinats knowledge whoe goeinge as her maiors house to ande the
saied Spithe as a serience did heare the said Smithe resterate
this arreste that hee had formerlie made by pertue of his said warrant
and soe in this examinats heareinge that by vertue of the saied overlante
bee the said may beeinge then parte, as hee reme but the xxx xxx xx
hee did arreste the said goods in the saied were hands, And this
examinate knoweth that aboute a weeke after that the said Barge
Maior broughte the said goodes, to the Towne Courte of bay
elcombe very as before hee hath deposed Et aliter nescit deponere save
that Harte, Springe was afterwarde as May, outs aboute the saied busines, but
what hee did hee knoweth hee not
super reliquis non extrat ex consen producen
Ad ultimum dicit predepoita per eu eo vera./
Ad Interrogatoria.
Ad primum satisfactu est
Ad secundum interrogatoria hee will not expresse his substance et optas intena in
haber./
Ad tertium interrate respondet that the said Brwarde meer procured this examinate
to come to bee examined in this Cause, and beare the his Charges
but more hee is not promised, At aliter respondet negative./
Ad quartum interrate respondet that hee was [?produced] upon a knesse aboute Christmas
laste was 12 monethes in the house of the articulate Berbanard maior in Waymouthe
Melcombe Regis aforesaid when the articulate Steeven Smithe had a
warrante under the greate seale of the Admiraltie, which warrante the saied
Smithe shewed to this examinate and tolde him in Mr Maiors presence as hee remembreth that by
vertue ther of hee had formerlie attached all goodes belongeinge to
Crosse in the saied maiors handes, and againe in this examinates presence and heare
inge hee the said Smithe did saie againe to the said Mrr Maior
that by vertue therof hee did arreste all goodes belongeinge to the
saied Crosse either in the saied mans handes or elsewheere
And the nexte Courte daie followeinge Houghe ministian of Waymouth
and one Lockier was the said Smithes atturnie for his action in
the Towne Courte of Waymouthe Melcombe Regiscame into
the Courte and offered to paie the charges of the Courte and desired
that that action the Towne Courte should bee noe further
proceeded and they did with drawe the saied action
Wheruppon the same
Courte after the said Mistion and Lockier had withdrawen
Smithes action the saide goodes were broughte into the Towne
Courte in manner as before hee hath deposed At aliter nescit.
respondere/
Ad quintum interrogatoria respondere, That hee this examinate did see the said goodes belongeing
to the said Crosse in mr maiors handes the same daye that Smithe
attached them by vertue of a warrante out of this Courte, but not
at the time of the makeinge of his attachmente as before but soe
houre after or there aboutes
~~~
HCA 13/40 f.3v Annotate
Ad sextum interrate nescit respondere saveinge hee saith that Mr Bonde
the maiors deputie and Mr Smithe the Towne Clerke did tell the saied
maior when hee broughte the said goodes into the Maiors Courte that
hee coulde take noe harme thereby
Ad septimum interrogartoria respondet hee is now a servant of Waymouth interrogate, but this
conscience is free, and will not forsweare himselfe for anie respecte/
Ad octavum interrate nescit respondere/
Ad nonum interrate respondet that the articulate mr Bonde and his fellowe
Servante did aide the said Smithe to the prison of Weymouth where the saied
Crosse was imprisoned but how longe hee staied there or how then
was imprisoned hee this examinate knoweth not, At aliter nescit respondere./
saveinge hee saith that after the said Crosse was first
released there was one Harrie Leonarde of Waymouth bounde
in assumsit that the saied Crosse shoulde not departe, but
afterwardes upon a letter from mr [?SXXX] the recorder of Waymouth
Melcombe Regis to Mr Pitts the then maior the saied
assumsit was discharged, And since that time this examinate
seene the said Crosse walke openlie up and downe the streets
of Waymouth Melcombe Regis as aforesaid without anie
molestacon./
Lanene Boyte [SIGNATURE, RH SIDE]
----
die pred/
Edmundus Chappell de Eastlullworthe in Comitatu Dorset
Tailor annos agens 54 aut eo circiter testis et supra productus
iuratus et examinatus dicit quod Jacobu Jacob ye paris Bernard
maior per 30 annos respective novit
Ad quartum et quintum articulos allius ex parte dicti Bernardi maior 12 de maij 1608 datus
sup quibris to producitu affirmat That hee knoweth that the arte
Bernarde maior is a Townsman of Waymouthe Melcomebe Regis
and hath beene maior, and therefore this examinate knoweth that hee is sworne
to maintaine the privileges of the same Towne soe farre forthe as in
Him lye, And hee sawe the hee knoweth that the said goodes in question
were broughte by the articulate Bernarde maior into the Towne Courte of
Weymouthe Melcomebe Regis by one of the same Courte But hee saith
that before that time the said Smithe comeinge to the Towne of
Weymouthe Melcombe Regis with a warrant e under the greate
seale of this Courte this examinate was fetched to the house of the said
maior to aide him the said Smithe, and this examinate comeinge thither
the said Smithe laied his saved warrante upon a cupboarde in the
saied maiores house, where it was said the goods in controversie, and
said saied in his mans price as hee came rembrete that by vertue
her of hee did arreste call goodes belongeinge to the said Crosse
either in the Custodie of the said Bernard Maior or else where at
the suite of one whose maine was James Jacob as hee now remembreth
At which time of the utteringe of the said wordes by the said Smithe
this examinate was presente and his preconteste Lawrence Boyte After which time
aboute a fortnighte as shee now rembreth the said Maior broughte
the sayd goodes into the Towne Courte of Weymouthe Melcombe
Regis by order of the same Courte as before hee hath
deposed./
~~~
HCA 13/40 f.4r Annotate
Ad posicoes ad dicoales allegacon pred
ad primum affirmat veere That before the said seene Smith
came to Bay the in combe Regis with the warrante out of the
Courte as aforesaid the said goodes remaineinge in the Custome
the said Bernarde maior and belongeinge to the said Crosse were
arrested by warrante out of the Towne counte of Bo the
melcombe Regis at the Prite of the said Steeven writt
10s soe lesse to bee true for that his preconteste Lawreye
Boyle cose made the said arreste tolde this examinate thereof soe soone
as hee had donne it, and allsoe for that upon that arreste, some looker
whoe was beturne for the said Griffe in that aboard had declared
for the said Seithe in the said accord beefore the said Admirall
attachene, and 30h declaracon hee saieth hee this examinate beeinge a
servance of the said Towne Courte of playio the Melcombe
Regis did see
depose
arly
Ad secundum interrogateate respondet nescit respondent aliter quam prius deposuit, saveinge hee
saile that the said Barde our did undertake to keepe the said
goodes to a speare the said thes arreste or els the shirtee saide
have taken the goodes from him as the Custome is in all theire arrests
teere/
Ad tertium articulum affirmat That after the premisses it was ordered by the
said Towne Courte of Lyon the onelcombe Regis that the
said maie holde Kinge the said goodes in to the said Dore
Courte, which hee did but after the said arreste case by the said
Steeven write by pertue of a warrant out of this Courte of
beefore hee hath deposed./
Ad quartum articulum nescit deponere aliter qua prius deposuit/
Ad Interrogatoria./
Ad primum satisfactum es/
Ad quartum interrate respondet hee call not declare his owne estate et favet
partibus in differenter, sed magis or nor satur cu Bernard
maior
Ad tertium interrate respondet hee cometh to testifie in this Cause at to
requeste of the said Bewards, saw hee bearelye his charges
At aliter respondet negative/
Ad quartum interrate nescit respondere aliter qua in suis deposionibus prede
oonne./
Ad quintum interrate respondet that hee this examinate did see the said goodes
in the Jocoes of the said Bernarde, nor the same done after
the said Bridge had arrested them by warrante out of this
worte, and alsoe afterwards the said maior brought them
into the Towne birth as before, At aliter nescit respondere./
Ad sextum interrate nescit respondere./
Ad undecimum interrate respondet that hee was an officer and servante of the said
downe but shee lefte his office this yeare and halfe et quoad
reliquod parte interrate respondet negative.
~~~
HCA 13/40 f.4v Annotate
Ad octavu interrate nescit respondere
Ad comitatu interrate sides that the arte master Boade, did ade the said is
and wente with him to the prison where the said Crosse was
imprisoned, but how hee sawe released hee knoweth not Al aliter
nescit respondere./
Edmond Chappell [SIGNATURE, RH SIDE]
----
Hanci sons and his et
dayes aris et alijs
Richardus Candle Civis et percerus London annos agens xxx xxij
i Jenninges begin aut eo circiter testis in hac parte productus, iuratus et examinatus dicit
Brison et aliter
quod partes agentes per tes arison et partes reas per ded tempus
respective novit
Ad aliter ex exta ex parte dicti Bills et socioru
in Octobris 1600 apud act fact et datus
Ad dicta alle exhibit nescit deponere saveinge hee saith that the arte
William Acte reced in the saile did with the proceede of certaine
goodes that this examinate master ffellgate master Oliver and master Crison had adventured
to the maderaes with the some of the said w liver parte of with goodes
the said Olivers soe delivered to the said Austey at the maderaes
did provide for the accounte of this examinate and his partners at the Canaries
eighte pipes of Canarie gives, and sente them to the for London in
Diepe, which as this examinate thinckethe was the Griffe of good reced
on this allegacon and 80th saved eighte pipes of horses seeinge received
beere as London, and theire accomte for freighte Custome and all
thinges made upp the said Benses parte of fraighte and other wages
came to 16£ xs parts of which hee allowed to this examinate his pd and a
reste beeinge and it hee detained his handes for that as hee
saied hee had commage in the said shippe the Siste of good
for that voyage wherein the said eighte pipes of one were ut
ut fore hee did roade
them and aller ad allue et sextum pred nescit deponere./
All interrate.
Ad primum satisfactu est
Ad secundum favet ptibus in differenter
Ad 3on put interrate
Ad quartum respondet negative/
Ad quintum respondet negative./
Ad sextum pend ex regatus
Ad nonum respondet hee hath as for this Charges at aliter negative./
Ad octavum non condit et
Ad tertium nescit respondere./
Ad tertium nescit respondere
tertium nescit respondere
Ad octavum
Ad octavum respondet hee hath heard that there is a Port betweene
the parties aforesaid on the serges beinge aboute this busines
Ad p primum nescit respondere
Ad octavum nescit respondere saveinge that hee hath knowe hee conter
Auster some and monethes
Ad sextodecimum nescit respondere
~~~
HCA 13/40 f.5r Annotate
the
Ad sextodecimum interrate nescit respondere
Ad quintodecimum respondet nescit respondere
Ad duodevicesimum respondet sat sheere was noe were parte the tyme interrate but he
this rendente
Peach Carthere
et Vireccon Regatus pish
regis contra sacrat et aliter
Thomas Bellison de Amsterdam in Hollandia nauta annos agens 35
Coram the Weinge her
aut eo circiter testis in hac parte productus iuratus et examinatus dicit
p quis derior is dickson
quod drigu decobson Henrion the or Saint Jacob Simon son a
striker et alj interest
her stannos respective nor it ceteris partes or vit/
primus testis erote
socior
Ad primum articulum affirmat That hee his were that the parties are for the time
arte have beene are in habitants of the Towne of Amsterdam of
this examinats hin calledge whoe is alsoe in habitante if hee same place, And
that for the time arte they have beene and are owners of the arte or
the liveinge hurte of this examinats knowledge were over porte of flate
ende of Aprill or the beginninge of maye laste other the arte drick
Dries Gerke. and Comison Cole did see the same shippe to
fraighte to the said Jacobs on soe howe for a voyage to bee
made with the said shippe from Amsterdam to the ever
Norwas one Steeve anson oath
his missells soe rest being that examinate was on of foresaid
At aliter nescit deponere /
Ad secundum all nescit deponere aliter qua prius deposuit./
Ad tertiu articulum nescit deponere saveinge hee saith hee hath seene letters serve
from Glebrand Cason, whoe went in the factor for the arte Jacob
Comaine
Simonson Lowe at the Treveraes directed, to the said Jacob Simons
howe to Amsterd wherein hee did advertie his saied in that there
was laden into the said shippe the flye harte all the goods of
fedd
in the shedule mentioned in this article, And hath alsoe seene bills of
ladeinge of the particulars therof sente from the said Giles and
Caison to the said Jacob in by towe, of which bills of ladeinge
the particulars of the goodes specified in the said schedule are declared
to bee laden for the severall occoes as theire are alsoe described in
the said schedule, and are alsoe marcked with the severall marckes sett
done mise margente of the said schedule At aliter nescit deponere saveinge
that the said bills of ladeinge did strifie the said goodes to bee laden in
the porte of Anglia in the Teneries/
Ad quartum are affirmat hee hath seene letters from the said Helebrand
raison, and hath allsoe spoken with know of the Companie of the said
shippe the flyeinge hart, whoe since the takeinge for of of come to
Amsterdame, whoe all afterne that the said shipp the fflyeinge hee
beeinge laden with the said goodes Perified in the said schedule
was in her Course from the said sporte of Angra in the Terries
to be Islande of sent merchers sailed and taken by certaine pirate
but one they were hee hath not heard. Et aliter ne ported nescit
deponere./
Ad quintum arlum nescit deponere. saveinge hee saieth that meete due hee sawe
the shippe of in question lyeinge at a there between Saint Catts and the
th stome house, and knoweth that it is the said shipps called the fflyeing
parte ffor as hee saith hee this examinate hath often seene by beene aboard as
the said shippe, and was the men that wished the said Car conson her
her when shee tooke her to fraighte as before hee hath deposed and three her
saith by vertue of this oath that it is the same shippe the was called the
~~~
HCA 13/40 f.5v Annotate
fflyeinge harte and lett to highte to the Trecernes as before hee hath
deposed At aliter nescit deponere./
Ad ut dicit predepoita per eum de vera./
Ad examinate
Ad dicta exta affirmat That hee knoweth that the three exhibitts
written in Dutch and sealed in Genna was are testion
from the Virginatters of Amsterdam and are sealed of theire
Towne seale of this examinats knowledge whoe hath often seene the
seene seale steere, and therfore well knoweth if it, And that the
Cargason and bills of ladeinge shee exted into this Courte and
shewed him at the time of his examinacon are the same that the said
Helbrand Caison senife to the said Jacob monson force
as before hee hath deposed At aliter ad can exta nescit/
deponere./
Ad Interrogatoria.
Ad primum satisfactum est./
Ad secundum respondet hee arrived and wente a shoare at Blackwall upon
red die was seavenighte./
Ad 3 respondet hee was not prote at the takeinge of the said shippe
Ad quartum respondet quod ros et supra quad petitia sua
Ad quintu respondet hee is seene hither by the said Jaques Spenser
to the owners of the said shippe the flyeinge harte and beeinge
yesterdan at the Courte hee was sworne to speake his knowledge
Ad 7 ead reliqua parte interrate respondet negative
Ad sextum rensci est supra in deposicobus suis saveinge hee saith that
the parties producents received her from here before this examinate
care from Amsterdaine that the said shippe and goodes were came
thither, and the prices taken by one of the Kinges shippes
Ad septimum interrate nescit respondere./
Ad octavum interrate nescit respondere ad qua in suis deposicoes contra aetatis
ad qua se reses./
Ad nonum constion est supra./
Ad decimum interrate respondet that hee understoode at Amsterdam by her of
adinge that came from the aforesaid brand Ellison and allsoe
of some of the Companie of the said shippe the flyeinge
harte, that there was in the said shippe at the time of the
ladeinge of her besides the said goodes specified in the saith
shedule 50 Chests of warrs belonginge to Portugalls dwelling
in the Treverses./
Ad primum interrate respondet that the master of the said shippe was Steeven
Harmenson the reste of theire maynes this examinate knoweth not, but
hee saieth they were all Cuthe men and noe subiects of the
prize of Spaine onell hee saith hee hath heard that
Reere was swo or three portugalls passinges in the said shipp
at the time of the takeinge of her
prius
~~~
HCA 13/40 f.6r Annotate
Ad primum nescit respondere aliter qua prius deponit
Ad octavum interrate respondet negative
The
Charles demorius as interpretor
huitary a nauta annos
to Lagus
that et examinat interrate Johes at and in and of
primus testis do Legot
agens p vier aut eo circiter dicit qued is legatio paniard
1s
eres retas partes non novit
Ad allegacon apud acta ex parte dicti dicti legati crast Ed pritt
did mrose, Octobris datus affirmat That at suche tyme as the shippe and
goodes now in controved soe were taken, there were two Portugalls former
as above found aboard her, whome this examinate fireinge to hee this sett
asked them to come the shippe and goodes did welonge, and they roade this examinate
that they did belonge to one Channell or Henrico Cero Portugall
beinge in the Towne of Bella ffrance on the Ilande of Catt
muchen, And hee further saith by vertue of his oath that there
was noe bodie in the said shippe at the time of the takeinge of her
and Arall
but the said two of Portugalls and a were, whoe further tolde this examinate that
beere were corne from the Trevernes to Saint Marchaells which hee said
shippe and sugars and were to have gonne with the same to Billa
ffrance to the said Smannell or Henrico Crea And then further
tolde this examinate that the said Crea was a were which men, but
an other since
had and hurke for not shipp beefore hee had and an other shippe and
goodes taken at sea by pirates, And hee further saieth by vertue of
his oath that to his knowledge theire was noe bills of ladeinge in
the same shippe at the time of the takeinge of her, by ame other writeing
but soone the packers of letters which the Elishmen in the many of
were free 20 peeces, And hee further saieth by vertue of his oath.
that the bro Portugalls and bord aforesaid beeinge in possession of
the said shippe and goodes in controved soe as beere hee hath
deposed the said Englishe pirates beeinge a pricke wherof
one Captaine evens was Captaine did aboard and take the said
from the said Portugalls and out of here passion and pritt the said
Portugeses into the dire princke Ar all ad dicta allegatios nescit deponere
saveinge that at the some of the takeinge aforesaid there was
some in the said shippe good Copper kettles to bee the said
sugars, Al footh premisses before of him deposed hee knoweth to
bee true, for that hee beeinge formerlie taken by the said pirate
out of a Spanishe fisherman was histe with the at the takeing
of the saied shippe and goodes now in question, and therfore
knoweth the premiss to bee true./
Ad river
Ad primum respondet the Captaine of the shee interrate was revens now in
prison one James an other teevens, an other amitie it arke the
rate of theire names hee cannott tell but there were in all
tonnes English three dutch men, and this examinate
Ad secundum respondet that hee this examinate beeinge taken xxx by hee said pirats out of
a ffishman upon the quoaste of Barbario was in Companie with they
some or monethes and a halfe, and everinge this examinats beeinge with them the
tooke the shippe and goes in question of the Ile of Saint Michael
in leagues from the shoare
~~~
HCA 13/40 f.6v Annotate
Ad undecimum respondet that the Companie of the said shippe was question
perceiveinge the said rate to give the there fledd a shoare in
theire boate, but that theire names were or what but in by the
were hee knoweth not, but hee saith hee was askeinge the
Portugalls what they were and before there could be him the protest
tooke him a came from the said woulde not safter and in to speake
with them
Ad is interrate respondet that the said pirate were the pression of the
said shipps and goodes some fortnighte before Captaine Bonto
tooke them, And to whom the reste of this interrogatorie hee
the beene for will examined in this Courte, and that examine
bee a weare this interrogatorie at Large to which hee
referreth himselfe./
Ad quintum interrate respondet negative./
Ad sextum rone her hath gonne to sea in merchants shippes
theise 5 yeares but never as in man of warre bill nor
that hee was taken by the said pused as aforesaid
Ad secundum interrate respondet hee hath had his victualles as in
Ambassaders of Spaine, but paieth for his owne lodginge
R
Thom say the marke of Anthorne flies
charter
ad testis dicti dicti
Johes Evans of Hamboroughe saile annos agens xxij aut eo circiter
Regat
dicit quod diu Legation ispanis et ceteras partes non novit./
Ad allegacon and acta ex parte dicti Cons legate cast dr him
or bris 1600 datus affirmat That at suche tyme as the shippe and goods
now in controved hee were taken there were aboard her two portune
men and abord and dericke Gartersons a dutche in any that had beene
taken by the pirates heere in the river of Thames speakeinge, and
understandeinge the Portugall language did aske to ye Portugalls
to refore the said shippe and goodes did belonge, And hee saith by
vertue of his oath that the said Terricke Garmenson were is or
aboarde the Hanguard tolde him this examinate that the said Portugall the
bin that the said shippe and goodes did belonge to certaine Portugalls
dwellinge in the Ilande of a much well, And that they were in theire
intended voyage from the Treverne to but onchaell And that at
the trie of the takeinge of ther of there were neither bills of ladeing
and other writeinges in her to this examinats knowledge and hee further saith
by vertue of his oath that at the time of the takeing of the said
shippe and goodes there was noe hadie in her but the said twoe
Portuganie and Portugalls home from those custodie and poste, the articulate
tooke the said shippe and goodes and putt them into theire puncke at
aliter nescit deponere saveinge at the true of the saveinge therof theire were
there or issessed in the said shippe in hath premisses before by
~~~
HCA 13/40 f.7r Annotate
him deposed hee knoweth to bee true, so that hee beeinge former
taken by the pirates out of a dutye shippe that they had take
whiles they were in Companie with Captaine other her hee
by the same rates and his with them at the ladeinge of the said
shippe and goodes nowe in cout the
Ad Interrogatoria.
Ad primum respondet Captaine Benis was Captaine of the shippe
warre this tooke the shippe and goods or passe, and shee
had in his busines Companie nine Englishe out the dutch
men and a Portugall or those names were x even bringe
Davis quente Booke, pinio Brames, Nicholas a backe
to an
one John a Cooke on John Clarkes afore called Nicholas done
Cacon hee
this examinate John Caus Derricke Garmenson and Anthonio are
the reste of theire ownes hee repre the not./
Ad secundum nescit est supra, saveinge hee saith hee was in the shipp
of are soe three weekes after hee was taken by there some this
seekes before they tooke the shippe and goodes nowe in contrie
which was taken on her course betwixte the Treverves and foot over
some tenne entree miles from the shoare
Ad tertium respondet that the companie of the shippe in question, priveing
the said Bevans and Companie to from them chace fledd a shoare
all save the saied to Portugall men and abord sent what theire
paines were or of rose he they were hee hath not hearde
Ad quartum interrate respondet the saied prove had the shippe and goodes in
theire Custodie soe three weekes before bay one But
tooke they from them, where after hee had taken her carried by
to divers places that this examinate cannot name, but what he
tooke out of his hee knoweth not
Ad quintum interrate respondet negative./
Ad sextum interrate respondet hee hath sailed from Hamboroughe in
merchantes shippes dureinge the some interrate but neere not
in man of warre in his life
Ad septium interrate respondet hee hath had his diet and lodginge at
or 4 Popes house ever soe his comeinge to London./
Emade of John Bars
Tholas Tenne de about oughe nauta annos agens 28 aut eo
circiter dicit quod said regatu et ceteras partes non novit
Ad octavum alluem apud acta ex parte dicti dicti Regate castino Ead pito or
1600 datus et save affirmat That theire was two Portugall men and above found
dard the shippe nowe is controved soe at the tyme of the takeinge shee of
said one Ricke Garretson a dutch man that is now aboard the sugar
sealeinge Portugall did aske the said Portugalls to were the shipp
and goodes, did belonge, And hee saith by vertue of his oath that the saied
Derricke Garson tolde this examinate that the Portugalls tolde him that the
shippe and goodes now in person soe did belonge to Portugalls, dwellinge on the
Ilande of Saint onchaells, and that they were in there course from Serdan
~~~
HCA 13/40 f.7v Annotate
to muchaes, And he further saith that to this examinats knowledge the
were noe bills of ladeinge or other writeinges in the said shippe at L
time of the takeinge therof, And hee further saieth by vertue of
this hath that there was soe horne in the said shippe, question at
the time of the takeinge therof, but the said Poor portunent hee his
soe from whome the pirates tooke the shippe and goodes, as
controversie and pritt them into Henley puncke, Al aliter ad victa et
nescit deponere saveinge that there was some three or fower copper
settles for the said shippe in question, as the time if the ladeinge
therof a press hee knoweth to bee true for that bound
beinge formerlie taken by the protes in a shippe of Hamborough
on the quaste of Spaine was etained by then and ate with the
at the time of the ladeinge of the shippe and goodes come
controversye
Ad Interrogatoria
Ad primum respondet Captaine Bewines was Captaine of the shippe of
warre that tooke the shippe and goodes or in controversie, and hee
Companie were and in wherof tenne English, the dutch and
portugall whose passes were enter Gringe, Andiente which
pike
Davies at William Bargaine John Bame John Barker Mholas
Burgeon this examinate John Eas Derricke Barns the reste of
theire names hee knoweth not
Ad secundum respondet et supra. saveinge hee saith hee had beene detained by
the said pirates some three weekes before they tooke the ship
and goodes now in question, which they tooke some tenne dutch coales
from the shoare of the Ilande of a mrchards
Ad tertium interrate respondet that the Companie of the shippe in controver hee ffred
a shoare in theire boate crosse they perceived the prates to give
them whare, but what theire names were hee knoweth not, but
of was saied amongste the pirates that the Portugalls did said
they were ffleming
Ad quartum interrate the said pirates had the shippe and goodes in question in theire
lade
Custodie some three weekes before they were Captaine Button
and Captaine otton after hee had taken earned them to divers
places which hee cannot saie but whether hee tooke and sugers
out of them hee cannot a greate./
Ad quintum interrate respondet negation/
and be interrate wides hee hath gonne to sea in merchants shipps from
Hamburoughe theise five yeares, but nevett was in man cost
warre till hee was now taken but
Ad septimum interrate respondet hee hath had his diet and lodginge at master Popes
ever said his comeinge to Lo
~~~
HCA 13/40 f.8r Annotate
3 rij 19º Nobus 1639
Sames Surrill menter Portugueses London Listers
b per quinque habitaves, annos agens p per cer testis
in him parte productus iuratus et examinatus deponit et se
Ad primum article allegations hee le ut put affirmat the
knoweth the articulate ffrancis meanes Trances, Grave
Tomes Dictorie, Belchier and ffrancis Mendes, Thomas New
Pinna, Thomas ffernandes and Owne ffernandes and that
they are Portugall mrchants and dwell in Amsterdam and
hee welles there many yeares, that Mappenter
or bills of lading which they hone seale over in the citty and
are exhibited into this course as he thirteeth that the seas
goodes sett downe in the sheete annexed to the said alle
under the neches in the same steele were laden into the
S Por of Tham at Porto in Portugall consigned to
Sigleram for theire accounte hee hee certainly knoweth that the sailing
thes sett downe in the said sterl are the prop wches of the said
mrchant as the said steele severall sposeth for that this examinate
dressed none yeares in Amsterdam, and uns sailius acquainted with
the said merchants and there neches, and hath had derlinges with hee
seene the said neches some tymes on theire goodes, at the
nescit
The secondence yt appeareth by the said bills of ladinge that the
atimate Nicholas Hendrickson was master of the said shipp the said
Peter at the ladinge of the said goodes, and yt is orench that
the master beinge goods into his unde for this merchants is in
possession of the same goods for the rest of the same merchants hee
whom they are laden as hee beleeveth is aliter nescit
leiu at he hath didered that the said shipp the Saint Peter being
in her under bound for Roterdam with the said goodes was hee
by piritts and brought to relad, At aliter nescit
quartu nescit deponere
at but predeposita per eum eo vera.
S Interrogaton
To primu responde one borne in Sbcants in partingall is hat
wished have yeares in England and before in Amsterdam wyne yeares, and
many yeares before in England
Ad secundum responent he came to speake his knowledge in this cause
at the request of in into and in wind and at theire care
if any gro
Ad tertium responent he was not present at the ladinge of the sayd
and other goods in question But hath deposed by the bers of
ladinge that the said goods were laden at Porto in Portugall
quartu responde hee is to have in parte or care of the goods
in question directs, or iudrectly in some othing the merchants
saying the said goods soe recover them, by this sute
~~~
HCA 13/40 f.8v Annotate
Ad primum respondet that the hath was said Porters master his
and never have shewe this de respondent the wiles sett downe in
the said seele and asked him if her knewe them in hee answered hee
did well knewe them, and to whom they belonge or speeches in this
effecte. And other spies concerning the said rockes he hath not said
with them to his remembrance
Ad respondet negative p parte sua
a plis repondet negative
Sartum respondet negative
Ad non responent he knoweth not the name of the shipp wherein the
sugers in question were laden otherwise the a the bills of lading
the writinges exhibited at aliter respondet negative
To dem condet the necks and writings charted were sent from
beyond the said servam to this Citty in such name as they nowe
are and were not and in England in hee beleiveth neither did hee
ever knowe or undered that any such willinges could be made in
London, or that any such thinge is used here
did allegationent
Sup eisdem examinatus astium the is psunded in his conscience
that one of the hibitts neer rei mensis Stebus 1638 is
shore with the prophande writing of Thomas wines him
and allsoe of Peter arrivis in dotry publish of Susse, and that
one other of the said Philitts of the same did is subscribed
with the proper quied writing of ffrancy waies Trancis and
of the said Peter Brins the day, and that one other of the said
whiletts dured the pon of but 1638 is underwritten, with the
hee wringe of Darin Gomes duria and of the said
stary, And that an other of the said exhibitt bearing date
the second of September 1648 is, underwritten with the paper
hande writinge of Thomas ffrendes merchantelli in
Suntary and of John Gringes a notary of Geram and
that the same whilotts (the rest also were made personed
sailed and ran as by the same may appeare, for that he said
sayth he hath received many hundred
hath very often save the had of bred from the said
Thomas Tonnes Pundrancis deades at mose Surria
Thomas ffernandes soe firmed state
Dile
Some writings
he the said exhibitts severally are and in the like fore said
une her
water of lies whereby hee may say hee is assuredly psunded that
the said exhibles are underwritten by them as aforesaid and
also for that he well knoweth the said Peter 2orne
John Gruminges to be notaryes publicke dwelling in servan
and men of honest some note, whom hee hath often seene
to rowle and subscribe willings instruments and thereof hath
good knowledge and understandinge of theire hee writing hee
aliter negat havinge hee is verely psunded that the said
whith are alsoe severally sailed with the saile of her
man of the said notes for that he hath seene of her
of theire wringes under the like seales and pliera and
Saving that one other of the said exhibitt of the date
to
the third of ffebruary wayes by 1600 is written by
Tapid Moglurt a noe publick of Seran with his owne
him writing it hee is assuredly psued for that he hath
and him write and subscribe his writinges well knoweth his
one the one the Priggading by the dute of the xx
hee writing by 1650 is wholly written and firmed
with the hand writing of ffrancesse wordes for himselfe Belique
endes his ffather being in company for that he hath often seene him
write and is well acquainted with his hand writing
Company
~~~
HCA 13/40 f.9r Annotate
die pred
Simo Mone cator Gonloons ptnepie natus at a
commonus ut pro masts moran sent, annos nes him de
circia delis in hac parte productus iuratus et examinatus da et scit
ad primum articum allegations in his cause dute a steedilum ea annos
affirmat
he well knoweth ffrancisco mens cause, Ger
Tomes untonio Belchier and ffrancis mende the ffather to the
some Thomas Nines Pun, Honard fferne Thomas
et
frendes, that they are merchant of Amsterdam
one his of advise, bills of ladinge and prominions from
which came from Amsterdam and noe speese that the severall number
of her of her Browne in the said were soe which hee
nes mentioned in the same were laden into the articulate shipp
the said Peter at Peto in Portugall for the accompte of the
said merchant is the said steele specifieth, and consigned to them
at Saylerdam by the same may appeare, whereunto hee referreth
himself Et aliter nescit/
Ad secundu it hee hath seene by the said bills of ladinge and promination
his Nicholas Harkson was in of the
Peter is the ladinge of the said goodes, and
and his of cause that the as
hee was
said shipp the
during the one and in possession of the goodes after they were laden
to the rest of the mrchants as all in 3 pipes only master Brall
nescit
in neertiu et quan astimat he hath heard that the said shipp
the master Peter followinge her water was taken in the
sens 32 pritt and brought to Baltimore in Ireland, Daye
Et aliter nescit
Ad quintum nescit deponere
allegationem vel
Sup eisdem examinatus affirmat the restently knoweth that
one of the exhibitts shewed unto him at the tyme of his examined
non beinge date the third of September 1638 is under
written by Thomas Nines Pin with his owne hande and by
Peter Barns a novery publick of Amsterdam, And that one
other of the said exhibotts haved the said third of September
is subscribed by ffranch Mendes ffrances with his owne
him writinges, and by the said Day that one other of the
said exhibitt in the xxviint of one Wis firme of
Sun Tomas clor with his owne hande, (with the hand
of the said way, and that one other of the said whibitt
unted the second of September 18 10 underwritten with the
xxx had writinge of Thomas ffernnes, and of John Bume
a not of Amsterdam, And this one other of the said Thibitt
of the bale of the third of ffebrielis is firmed by Daved
Muscars as a publicke of hermany, And that one other
of the said Chibutts unto written menco ented the xxiijth of
Tugust 1648 is m viled and wholly written by ffrancis
menes with his owne hand for Belcior mens his father
and himselfe who are in company. The this he knoweth to bee
true for that he huth ten seene the said mrchants and
~~~
HCA 13/40 f.9v Annotate
als the said notes before named and ever of them with
subscribe his writinge, whereby hee is well acquainted and
ever of there wanting subscribing and firmes, and knoweth to
same and aliter nescit Savinge that he is very sunded that
ever of the said Thibites doe conteyne a truth and were
shee upon he then is conteyned
or interrogate
prin did hee was borne in Geore That by him
London did or nine monethes and before he remayned at Dunck
about her yeares space is an requid est supra
send cond hee came hithe speake his knowledge in this
cause at the request of Pranto Po and Herrinto merchant
that theire chardges if any hee
T et rende the sugers and other goods in question were laden
at Joole in Portugall as the bills of lieinge doe howe or
article paid restle for that he was not present the
ladinge of the said goodes
did guns respondet he is not to have any chare or parte of the goodes
who sever recovereth them
Ad quintum respondet hee hath had speech with the said Port and
were concerning the said merchants and theire marckes, That
told them that he knewe both the said merchants and theire
said nes and other comcaton he hath not had about them
to his remembrance
Ad sextum responent negative