HCA_13_55_Full_Volume_Processed_Text_EDITED_Ver.1.1_05072024.txt

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HCA 13/55 f.1r Annotate [CHECKED]

A

1

Pro mro Barker et al
quoad morte Johuis
ffowler /

9s det 

11th Marty 1638

James Smith of the parish of Saint Bennett ffincke London gentleman
aged about 27 yeares sworne and examined as aforesaid sayeth and
deposeth uppon his oath as followeth videlicet

To the 8th Interrogatory he sayeth and deposeth That when the articulate
Thomas Nevett came to the Assurance office uppon the Royall
Exchange London to give order for the makinge of the pollicye
of assurance uppon the life of the articulate John ffowler Esquire
since deceased, he the sayd Nevett beinge demannded by
mr Robert Swinnerton who was then present wheither
the sayd ffowler were in perfecte health or likely to live or
not, or to that purpose, the said Nevett replyed that he
was a health full man and likely to live and had bene uppon
the Exchange fewe dayes before that tyme, and that he knewe
noe disease but the said ffowler had but only Springe and
fall he was troubled with the [?Gruicums], wherupon on mr Woodward
beinge then likewise present asked the sayd Nevett what
disease that Gruicums was, wherunto the said Nevett replyed
that the said ffowler loved a wench, The premisses
he knoweth to be true for that he beinge one of the Clarks of
the sayd Assurance office did at the same tyme take instructions
from the said Nevett for the makinge of the said pollicye and there
was the and there present at the same tyme master George Prior
deputye Register of the same office And this he affirmeth
uppon his oath to be true /

Uppon the rest of ye sayd Interrogatoryes he is not
examined /

James Smith [SIGNATURE, RH SIDE]
----
dco die

10s

George Prior of the parish of Saint Bartholoewe neere the
Royall Exchange London gentleman aged about 44 yeares sworne
and examined as aforesaid /

To the 8th Interrogatory he sayeth That at the tyme
when the articulate Thomas Nevett came to give order about
the makinge of the pollicye of assurance uppon the life of the
articulate John ffowler Esquire, or at least before the said pollicye
was underwritten the sayd Nevett uppon some conference with
some that were then in the office did publiquelye affirme
that the sayd ffowler was then in good and perfecte health but
onlye was troubled with the Gruicums and loved a whore
well, which words (to this deponents best remembrance) were spoke
to mr Robert Swinnerton and there were then and there present
at the speakinge therof this deponent and his precontest James Smyth
and divers others (wherof the said Swinnerton (to his best remembrance
was one, And this he affirmeth uppon his oath to be true and more
to this interye he cannott depose /

To the rest of the interrogatoryes he is not examined by direction

Geo Prior [SIGNATURE, RH SIDE]
----
Johes
Brett
~~~
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16o Martij 1638

11

det

Roger Corbett of the parish of Saint Olave Hart street London merchant,
aged about 48 yeares sworne and examined as aforesaid./

To the first Interrogatory he sayeth That the articulate John ffowler Esquire
deceased for the space of two or three yeares before his decease
kepte house for and did inhabitt for the most parte at Langley and
sometymes at his father the articulateSir Thomas ffowlers house in
Islington, and (as he this deponent is informed) he dyed at Langley And further
he cannott depose /

To the fourth he sayeth that the sayd John ffowler was sickely and
wastinge in his bodye by the space of twelve monethes
or therabouts before his death which he knoweth to be true beinge of many tymes
in his company and beinge of kynne to him by marriage did
often inquire of others of his kinred of the state of his bodye. / And
further he cannot depose/

To the 5th he cannott depose savinge he sayeth that about fewe
dayes before his death this deponent was informed that the sayd
mr John ffowler came up to London and went to doctor Chamberlen
or some other doctor to have his opinion concerninge the estate of
his the said ffowlers bodye and was then tould that he was in a dangerous
case and not like to recover

To the 7th he sayeth that the articulate Thomas Nevett was
of familiar acquaintance with the said John fowler, and (as he
hath heard and beleiveth) the said ffowler seldome came
from Langley to Islington but before his
returne to Langley was in the company of the said Nevett And
therfore he verilye beleiveth that
the said newett could not be ignorant of the dangerous estate
of his bodye and that he was not like to recover of the sicknes whereof
he then languished And further he cannott depose /

To the 9th he cannott depose /

To the 10th he cannot depose more then is prdeposed by him to
the 7th Interrogatory./

To the 11th 12th and 13th he cannott depose /

Idem super interrogatoria 2o loco

To the third Interrogatory he sayeth That the said John ffowler was a
very spare and slender man about six monethes before his death but his
face tooked very yellowe wherby this deponent did
probably perceive him to be unhealthye and was of opinion that
he would not live longe, but this deponent (to his remembrance) did
not see him in the space of a moneth or six weeks before his
death, but about a weeke before his death this deponent did heare
that his bodye and leggs were much swolne of a dropsie,
and that there was little hope of his recoverye And further
he cannott depose /

To the rest of the said interrogatories he is not examined /

Roger Corbett [SIGNATURE, RH SIDE]
~~~
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2

13s Barker/

det/

10o Aprilis 1639

13s Barker /

det /


William Jourdan of Islington in the Countye of Middlesex gentleman
aged about 44 yeares sworne before the worshipfull Justinian Lewyn
doctor of lawes Surrogate to the right worshipfull Sir Henry Marten
knighte Judge of his Majestyes high Court of the Admiraltye and
afterwards examined uppon certayne Interrogatoryes ministred on the behalfe
of John Barker and others sayeth and deposeth therunto as followeth videlicet

To the fourth Interrogatory he sayeth that the articulate John ffowler of Langley
dyed at Langley of dropsie betwixte Bartholomewe tyde and Michaelmas
last past, and did languish of that disease about a fortnighte or a
moneth before his death The premisses he knoweth to be true for that
he beinge a servant unto Sir Thomas ffowler knighte and Baronett
father of the sayd deceased, well knewe the said John
ffowler in his life tyme and perceived that he was much swolne about
a fortnighte before his death and was with him at Langley the daye
before he dyed./

To the fifth he sayeth that he referreth himselfe to his precedent deposition
and further he cannott depose, savinge he sayeth that about seaven or
eighte dayes before the death of the sayd John ffowler this deponent
was with one doctor Hector at Windsor to have his opinion concerninge
the said mr ffowler, and the sayd Hector would then saye
but
little to him but gave him small hopes of his recovery but had
formerly at another tyme when he was with him tould him that he
did hope to recover him, but by the last speaches of
the said doctor Hector this deponent did conceave that there was little or
noe hopes of the said mr ffowlers recoverye./

To the seaventh he sayeth that the articulate Thomas Nevett of London
Gouldsmyth was intimatelye acquainted with the said John ffowler
in his life tyme, and this deponent hath often seene them sayd
in company but togeither but howe longe before the said ffowlers
death he remembreth not but verilye beleiveth in his conscience
that the said ffowler seldome or never came to London but the sayd
Nevett was in his company, And
further he cannott depose./

To the 9th he cannot depose savinge he sayeth he verilye beleiveth
that the said John ffowler dyed of noe other disease but a dropsie

To the 10th he cannott depose savinge he sayeth that the said John ffowler
before his decease was in London and was then much swolne
of the dropsye soe that hee could not goe up into his Coach without
helpe, but wheither the said nevett or Borne were then his in his company he
knoweth not/

To the 11th he answeareth negatively for his part, and further he
cannott depose./

Signum dicti 'W' Jourdan [MARKE, CENTRE]

To the third Interrogatory 2o loco ministrat he sayeth That the sayd
John ffowler  untill he fell into a dropsie was

a very spare and  slender man, but about eighte or ten dayes before his
death when he came from his house at Langley to Islington his leggs
and belly were much swolne with the dropsie, but wheither the said
nevett were in his company after he was soe swolne he knoweth not
And further he cannott depose saving hee sayeth the sayd John ffowler about
a fortnighte before his death looked very yellowe in his face, and
about that tyme this deponent heard the said Sir Thomas ffowler speakinge of his
sayd sonne John ffowler say that he was not a man of
this world, or a man not likelye to live longe or to that effecte, and this deponent was of
the same opinion /

Signum dicti 'W' Jourdan [MARKE, CENTRE]
~~~
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[REQUIRES TRANCRIPTION]
~~~
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3

hides in the haire aboute fifty small and greate barrells of tallowe, aboute twenty
firkins of butter, and as hee guesseth twoe hundred
barrells of irishe beefe a litell more or lesse to bee transported in the said shippe to this
Kingdome of England and here to bee disposed of for theire accounts
which hee knoweth to bee true for that hee this examinate is by
profession a Boucher, and a servante to master Percks one
of the parties producent and was by him imployed in the barrellinge upp
of the said beefe, and sawe the ladeinge of the reste of the foresaid goodes
at Carrickfirgus aforesaid and came over with the said Percks in the said
shippe from Carrickfirgus aforesaid to
ffallmouth and afterwards to Dartmouth where the said Percks lefte the
said shippe with intencion to come to London by land, and
all the tallowe and moste parte of the butter and some
of the beefe laden aboard the said shippe at Carrickfirgus aforesaid
hee saieth was sold and disposed of at ffallmouth and Dartmouth
to merchants there resident but the reste brought upp to this porte
of London to and for the use and accounte of his said master and
the foresaid Horsman And this hee affirmeth uppon his oath to bee
true further addinge that there was alsoe laden aboard the said shippe
the Guifte of God aforesaid for the accounte and adventure as hee
heard and beeleeveth of one Alexander Tompson a merchante residente
at Bellfaste in Ireland a hogshead or dry Caske of
Irishe yarne which is alsoe broughte to this porte of London in the said
shippe. all which hee saieth is true by vertue of his oath./

The marcke of
the said Carmorke 'CB' Boyland./ [MARKE, RH SIDE]
----
13º Aprilis 1639

Rs. E. B.

John Aston of Saint Buttolphs Algate London gentleman
aged 36 yeares or thereabouts sworne before the worshipfull
William Sames Doctor of Law Surrogate to the
right worshipfull Sir Henry Marten knight Judge of his
Majestyes highe Court of the Admiralty sayeth and
deposeth uppon his oath

That this examinate is
husband of the ffishing Company of the right
honorable the Earle Marshalls Assotiacon, and by
a letter from John Lowe Agent for the said
Assotacon at Sternoway in the Lewes, which this
examinate hath seen yt appeareth that hee the
said Low laded uppon the Accompt of that
Assotiacon in the shipp the Recovery of Sternoway
aforesaid (whereof William Smith master) one
new Cable, one Cable cutt in two peeces one peece
of an old Cable two peeces of old Cables one sheat
anchor, one Bower anchor one fore saile one sprit saile
and two old missen sailes, which now remaine in that
shipp under detencon in the river of Thames, And
this hee affirmeth uppon his oath to bee true,

John Aston [SIGNATURE, RH SIDE]
~~~
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1s

Rs. E. B.

dco die./

George Sharpulls of the parish of Saint Bennett
ffincke London Merchant aged 29 yeares or
thereabouts sworne and examined as aforesaid
sayeth and deposeth uppon his oath

That this examinate hath received a letter and bill
of lading from Robert Ennis his factor at
the Lewes by which yt appeareth that hee
the said Ennis was at the Lewes aforesaid laded
in January last abord the shippe the
Recovery of Sternoway (whereof William
Smith is master five and twenty tonnes, and a
halfe of beefe two hundred eighty three
hides, and fower lasts of herrings for the propper accompt of him this examinate which
nowe remaine in the said shipp in the
river of Thames under detencon, and
hee sayeth uppon his oath that hee this
examinate was borne at Stroade in Germany and 
his ffather beeing an English merchant Adventurer, but ever since hee was a childe hath bin
a dweller in England and noe meanes hath any interest
in the said goods but himselfe, And
this hee affirmeth uppon his
oath to bee true./

Geo: Sharpulls [SIGNATURE, RH SIDE]
----
18º Aprilis 1639

Pro [?magr] ffinch

[?jus]

Rs

Henry ffinche of London Derry in the Realme of Ireland
merchante aged 39 yeares or thereabouts sworne before the worshipfull
Doctor Sames Surrogate to the righte worshipfull Sir Henry Martyn knighte Judge
of his Majesties highe Courte of the Admiralty beinge examined saieth and
deposeth

That in September laste the shippe called the Henry of
Londonderry flemishe builte of the burthen of aboute sixty tonnes
sett saile from this porte of London in the service and
imployment of him this examinate to Burdeaux in ffrance, and there
as hee hath bine advised tooke in her ladeinge of wynes for
Dublin in Ireland, and since her departure from Burdeaux
aforesaid arriving at Dublin and there after the delivery of her ladeinge of wynes
by his direccon and advise went to London
Derry) where shee tooke in her ladeinge of tallow and such
other goodes as his ffactor there could procure her to bee laden
withall for the accounte and adventure of him this examinate
and his ffactor whoe is his naturall brother and caused the said
goodes to bee laden, and the said
shippe was to come from London Derry
aforesaid to the Downes and there to stay for and followe the
direccon or order of him this examinate but in her course from thence
towards the Downes puttinge into Plymouth is there
detained and stayed for that the master thereof is
a Scottishe man, but hee saieth and affirmeth by vertue
of his oath aforesaid that the said shippe tackle and
(furniture
~~~
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4

doe solely belonge and appertaine unto him this examinate
and noe Scottishman or fforrainer hath any intereste with him in the
the same, And the goodes in the saide shippe and now under detencon
(reddens racionem) for that
at did as hee verily beleeveth (reddens racoem for that
the said shippe went to London Derry aforesaid
and was there laden by his direcon) doe solely
and properly belonge and appertaine unto him this examinate
excepte some small quantity thereof which as hee
supposeth may belonge to his said ffactor and brother to hee laded
the same, and hee any his said ffactor or brother are both Englishmen

borne and subiects to the Kinges Majestye of England
And this affirmeth unto him this examinate procuringe an assurance uppon the
goodes in the said shippe in the name and in the behalfe of him this
examinate, and those to whome the said goods should belonge
or appertaine, and hee this examinate hath [?XX] moste give him
satisfaccon for the said assurance

Henry ffynch [SIGNATURE, RH SIE]
----
dco die./

2us ffinch

Rs. E. B

George Thimblebee of the parishe of Saint Dunstanes in the Easte
London merchante aged aboute 36 yeares sworne and exxamined
saith and deposeth

That aboute twoe yeares since his preconteste
Henry ffinch did buy or procure to brought
boughte at Dunckercke in fflanders a certaine shippe since
called the Henry of which shippe one John Wellye is nowe
Master which hee knoweth to bee true for that hee this
examinate and the said ffinch beinge ffrendes and intimate acquaintance
togeather and haveinge correspondencye each with other did pay
for the same, and aboute a yeare since
or thereabouts the said shippe departed from this porte of
London in the service and imployment and uppon the adventure
of the said Henry ffrench to ffrannce and was from thence
to saile to Ireland and there to take in her ladeinge, and therewith
to come for London for the sole and proper accounte of the
said Henry ffrench as hee this examinate beleeveth, but in her passage
for London was as hee hee hath heard and is informed stayed
and detayned at Plymouth as Scotchman And the said ffrench beinge here in London
and haveinge received advise that the said Henry was
laden at London Derry in Island with tallowe and other goodes for the accounte and
adventure of him the said ffinch did procure an assurance
uppon the goodes in the said shippe in the name and on the behalfe
of the said ffinch
soe that hee beleeveth the said shippe tackle and furniture
and the goodes in the same doe solely and properly belonge and
appertaine unto him the said ffinch whoe is an English man borne and a subiecte
to the Kinge of England And this hee saieth is true./

Geo: Thimblebe [SIGNATURE, RH SIDE]
~~~
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17o Aprilis 1639

Rs. E. B.

John Parckes of Carrickfirgus in the Kingdome of Ireland
merchante aged aboute thirty yeares sworne before the worshipfull Willm
Sames Surrogate to the righte worshipfull Sir Henry Marten knighte Judge of
the highe Courte of the Admirallty beinge examined saieth a
deposeth

That in ffebruary laste paste at Carrickfirgus aforesaid
hee this examinate did cause to bee laden and put aboard the shippe
called the Guifte of God of Amster in Scotland of which shippe
one Andrew Stronge was master for his owne proper accounte
seaventy eighte Caskes of tallowe greate and small, all which
tallowe hee this examinate sold and disposed of at ffallmouth and
Dartmouth, one hundred fifty eighte barrells of beefe twelve
of which barrells of beefe hee sold at Dartmouth the reste
hee saieth were brought upp in the said shippe to this porte of
London and are nowe under detencon heere, one barrell of
Salmon which is yet aboard the said shippe twenty firkins of
butter, nyne or tenn of which firkins are still aboard the
said shippe the reste hee disposed of at Dartmouth, seaven
hundred and odd hides in the haire, which are alsoe aboard
the said shippe, and one Caske of Irishe yearne containeinge
aboute fowerteene score poundes all which goodes aforesaid are
for his owne proper accounte, And hee is an Englishman
and borne in Glostershire, but nowe resident at Carrickfirgus
aforesaid. And this hee affirmeth uppon his oath to bee true
further addinge that there was alsoe laden aboard the said shippe
at Carrickfirgus aforesaid for the accounte and adventure of
Hercules horsman alsoe liveinge at Carackfirgus his this examinats Kinsman six hogsheades of
tallowe, which hee this examinate solde at Dartmouth for the said
horsmans accounte, and there was alsoe laden aboard the said
shippe for the said Horsmans accounte sixty barrells of beefe
and fifty nyne hides in the haire which are yet aboard
the said shippe and under detencon, And hee alsoe saieth that
there is aboard the said shippe twoe hogsheades of Irishe yearne
which doe belonge to one Alexander Tompson of Belfaste in Ireland
eighte miles distante from Carrickfirgus aforesaid and hee this
examinate hath order from the said Tompson of either to sell the said yeare
here in London for the and out of the procede thereof to pay to one Mr [?Roe]
twenty eighte pounds which the said Tompson oweth to the said Roe
els to deliver the said yearne to the said Roe and the said shippe was
never intended to saile to Scotland, neither doth any parte of the goodes
in her belonge to any merchante resident in Scotland./

John Parkes [SIGNATURE, RH SIDE]
~~~
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17o Aprilis 1639

Rs. E. B

Robert English of the parishe of Saint Swithens London merchante aged
aboute 33 yeares sworne before the worshipfull William Sames Doctor
of Lawes Surrogate to the righte worshipfull Sir Henry Marten knighte Judge
of his Majesties highe Courte of the Admiralty being examined saieth
and deposeth

That uppon or aboute the seaven or eighte twentith
day of March laste one William Simonton a Scottishe merchante
bringeinge over some goodes from Scotland to this porte of London
and here disposeinge of them and beinge acquainted with him this
examinate told him this examinate that hee had twoe baggs of
ffeathers weighinge fower hundred and a halfe Scottish weighte
little more or lesse
comeinge for London in the a certaine shippe called the Ces
of Preston of which Roberte Greason was master and desired this
examinate to buy those feathers of him and
give him bills
of Exchange for the same
to bee payd in Scotland by his this examinats ffactor there resident
and at the requeste of the said Simonton hee this examinate did agree
with him for the said twoe baggs of feathers and
drewe bills of Exchange uppon his ffactor James Boswell residente at Scotland for
the payment of the monies agreed uppon betweene them for the same
And since the bargaine and
agreement
the arrived at this porte of London 
with the said ffeathers in her, where the said ffeathers are seized uppon but the same doe
solely and properly belonge and appertaine to him this examinate and
noe man hath any intereste with him in the same, And hee is
a Scottishman borne but nowe resident here in London and keepeth
a house and familye here and hath lived here for these
six yeares laste past and upwards and is a free denizen of this
Kingdome of England And this hee saieth is true by vertue of his
oath further addinge that there is three dozen of ffishe in the said shippe videlicet
twoe of codd and one of Linge sent to him this examinate by his said ffactor
and nowe under detencon as aforesaid./

Ro:t Inglis [SIGNATURE, RH SIDE]
~~~
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17º Aprilis 1639

Rs. E. B

Henry Turner of the parishe of Saint Dunstaines the Easte
London merchante aged aboute 24 yeares sworne before the worshipfull
William Sames Doctor of Lawes Surrogate to the righte worshipfull Sir
henry Marten knighte Judge of the highe Courte of the Admiralty beinge
examined uppon certaine interrogatories on the behalfe of Thomas
Leere and John Ells saieth thereto as followeth videlicet/

To the firste Interrogatory hee saieth that hee this rendente and the
interrogate Thomas Cooleinge have had correspondency each with other
and dealte and traded togeather ever since one thousand six hundred
thirty fower, untill within this 12 monethes last in that tyme, and they have dealte for to the value of fower
or five hundred poundes sterlinge at the leaste At aliter
nescit /

To the second hee saieth that the interrogate Thomas Cooleinge
haveinge an assignement from him this rendente to recovery of
a debte of five hundred poundes sterlinge of one Nicholas Martiney
a merchante resident at the Grand Canaries which debte of 500 li
hee this examinate had sold and passed over to the said Colleinge for
fower hundred poundes beinge not willinge himselfe to under
goe the trouble in recovery of it, the said Cooleinge did goe over to
the Grand Canaries and did as hee hath since confessed and
acknowledged to him this rendente and as it did alsoe appeare by the
accounts which the said Cooleinge shewed him this rendente under the
said Martiney hand come to an accounte with the said Martiney
aswell for the debte due from him to this rendente as alsoe for some
other things due uppon accounte to him the said Coleinge, and the said

Cooleinge told him this examinate that hee had received some parte of the monies
due uppon the said accounte
and
should have the reste verie speedily Al aliter pro parte sua nescit/

To the second third hee saieth that hee thincketh it very resole
reason, conscience and coquity that the interrogate Cooleinge should
pay unto him this examinate the interrogate some of fower hundred poundes
for that hee was to have a hundred poundes for the recovery thereof
and hee beleeveth that if the said Coleinge had not undertaken the
recovery thereof and received it as hee beleeveth hee hath
hee this examinate had longe since gotten the
said debte and have saved that hundred poundes
which the said Cooleinge hath allowed him for the recovery thereof but
in case the said Cooleinge have not received the said debte hee this
examinate should not bee contented with what beit hee hath
received in parte because the said Martiney as an able and it
sufficient man for the same and it was and is the said
Cooleinges faulte if hee have not received it as hee this examinate
conceiveth./

To the 4th hee saieth That aboute a yeere since and some what more
and neere aboute six monethes before the 400 li aforesaid was due an
~~~
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6

payable by the said Cooleinge to him this examinate, hee this examinate
had some speech with the said Cooleinge here in London aboute the same
and understandinge that hee was then to goe suddenly to sea told him
that hee had procured leave from Sir Henry Marten the Judge of this
Courte for a warrante to cause him to putt in bayle
for the payment of the said money when it should bee due and
desired him to put in bayle to that purpose, and the said Cooleinge
told him this examinate that hee would put in bayle that afternoone
and the next day hee this examinate comeinge to see wheather hee had put in
any such baile as hee promised and findeinge that hee had not went
to looke for him againe, but then hee was gone to sea and hee this
examinate hath never seene, or heard from him since

To the 5th hee saieth that hee this examinate hath not received any thinge
of the said Cooleinge in parte of satisfaccon of the said debte of 400li
aforesaid,
and hee
this examinate is noe wayes indebted unto the said Cooleinge but the said Cooleinge
indebted unto him uppon accounte besides the said debte of 400li att
the leaste three hundred poundes sterlinge./

Henry Turner [SIGNATURE, RH SIDE]
----
19º Aprilis 1639

2us

Rs

Alberts Johnson of East Smithfeild London Cooper aged aboute 77
yeares sworne before the worshipfull William Sames Surrogate to the
righte worshipfull Sir Henry Marten knighte Judge of his Majesties highe Courte of the
Admiralty being examined saieth and deposeth by vertue of his oath

That
the 4th of this instante moneth of Aprill Anno 1639 hee this examinate did
putt aboard a certaine shippe called the Lyon of Preston in the
in the Kingdome of Scotland of which shippe one John Pattin is master
then lyeinge at Harthshorne in the River of Thames nexte Saint Katherines Docke
six thousand and a halfe of Kilderkin hoopes, six thousand and
a halfe of firkin hoopes, and six thousand and a halfe of Pincke
hoopes, which hoopes hee saieth hee had aboute a seavenighte before
sold to the said Pattin for 14 shillings a thousand to bee payd before
his departure with the said shippe from this porte of London, but the
said shippe beinge stayed and detained and the said hoopes in her and not permitted to departe
out of the River Thames the said Patten doth nowe refuse to pay this
examinate for the said hoopes but telleth him hee may have the same
againe if hee will for that hee beinge not permitted to transporte
them knoweth not what to doe with them And hee saieth
the said hoopes are nowe under detencon, and hee this examinate hath
not received a penny or penny worth for the same, And this hee
affirmeth uppon his oath to bee true whoe is an Englishe man borne
and a subiecte to the Kinges Majesties, and hath lived and kepte a house
here in London for these fifty yeares laste paste and upwindes

Albert Johnson [SIGNATURE, RH SIDE]
~~~
HCA 13/55 f.6v Annotate [CHECKED]

19º Aprilis 1639: [CENTRE HEADING]

1s

E B

2s

Henry Bay of Dece in ffrannce aged 21 yeare
or therabouts servant to Jaques Maill of her
Diepe in ffrance Merchant sworne before
Worshipfull Doctor Exten Surrogate to the right worshipfull
Henry Marten knight Judge of her Majestyes highe
Court of the Admiralty sayeth and deposeth
uppon his oath

That the Barque called
the Janet of Diepe aforesaid (whereof
William Gold is master) now stayed at Dover
doth belonge to his master the said James
Maill who liveth at Diepe aforesaid and was
there borne, and soe was his ffather likewise as hee
hath heard and beleeveth, and shee the said
Barque with the gooded now in her came
from diepe aforesaie and is bounde for
Dansicke in the East Country, and soe to
returne to Diepe againe and not at all to
goe into Scotlande, but useth to ware
Scottishe colours onely to avoyde the
Dunquerckers, And this hee affirmeth
uppon his oath to bee true who was sent
buy his said master from Diepe in the said
shippe and appointed by him to bee factor
of her for the said voyage, 

Henry Bray [SIGNATURE, RH SIDE]
----
dicto die./

Rs. 17o

A O:

Richard Gillibrowne of Colchester Sayler aged 29 yeares or
thereabouts sworne before the worshipfull William Sames Doctor of
Lawes Surrogate to the righte worshipfull Sir Henry Marten Knighte
Judge of his Majesties high Courte of the Admiraltie, sayeth, and
deposeth uppon his oath as followeth videlicet 

That aboute five monethes since at
Lorotavo in the Canarie Islands the shippe the Samuell of London
(whereof Christopher Page was master) beinge by foule weather forced out
a roade lett slipp an anchor and Cable leaveinge a buoy
and buoyroape to the same, and that anchor and Cable, on
wednesdaye or thursday last, hee sawe aboarde the shippe the

Alexander whereof mr Ruthero is master) and he knowe the
shippe to bee the same which anchor and Cable were lett lhippe out of the Samuell
in the roade of Loratavo as aforesaid, And this hee affirmeth
uppon his oath to bee true/

the marke '+' Gillibrowne [MARKE, CENTRE PAGE]
of Richard
----
20º Aprilis 1639

Cockaine et alj contra)
Hill et ffarrington)

deb: Martyn

Ad Interrogatoria./

Willimus Hare ad Interrogatoria ex parte
Saint Hill et ffarrington ministrat.

Ad primum respondet That by the Charter
party the owners of the interrogate shipp the William
were bounde to deliver the Corne interrogate at
Genna or Leghorne (the casualtye of the seas and
Enemies excepted) and noe other place for the
~~~
HCA 13/55 f.7r Annotate [CHECKED]

delivery of the said Corne was mentioned in that
Charter party to his knowledge

Ad 2 respondet That this respondent and his Company
contrary to the said Charter party, and without the order
knowledge or consent of the said Saint Hill and
ffarrington or any their ffactor or Assigne did
deliver the Corne interrate, beeing 96 lasts at
Mallega unto one who was not their ffactor or
Assigne, and did not deliver the same or any part
thereof at Genna or Leghorne, but hee sayeth
the said shippe with the said Corne in her off
Velis Mallega mett with two Turcks menn of warr
which entred into fight with the said shipp
the William, and fought with her about sixe or
seaven houres and shott her nyne shott under water
soe that before they lefte that fighte shee had
five foote water in holde, and therfore when the
Turcks forsooke her, this respondent and his Company
for saveguard of that shippe their lives, and the
said Corne and other goods in her were forced to
make for the next port which was Mallega and
soe put in there, and her houlde beeing then
full of water were forced to runn her a grounde
within the Moulde there, where shee lay suncke
full of water fower dayes, and then by
extraordinary helpe with they there procured weighed
her againe with the said Corne in her, and then this
respondent made choice of mr John Harris a Merchant
there to sell the said Corne beeing all wett for
the use of the said Saint Hill and ffarrington, At aliter
nescit Saving that hee hath heard that
onely seaven hundred pounds or thereabouts of the proceed
of the said Corne was remitted home to the use
of the said said Saint Hill and ffarrington./

Ad tertium nescit respondere./

Ad quartum respondet, That the said shipp the William did saile
to the head of the Moulde of Mallega, and then
because shee woulde not steere they were forced
to stopp her with an anchor and soe to heave her in with
halsers into the said Goulde, soe farr uppon the
grounde as they coulde, and after shee was weighed as
aforesaid, and the Corne taken out they stopt her
Leakes and repaired her, and they carried her to
Almary to seeke imployment but finding none
returned with her empty to London, where shee
arrived in safety and hee sayeth that the said Corne
was all wett and coulde not (as hee conceiveth) bee dryed and
made fitt to be carried from Mallega, but yf yt
might have bin dryed and made fitt to bee carried from
thence, the shippe aforesaid after shee was weighed
and repaired againe as aforesaid might have taken in
the said Corne againe and in probability have
carried the same safe to Leghorne or Genna and there delivered yt in as
short a tyme and with as little danger as to returne from Mallega to London
and hee sayeth that shee brought home noe goods in her for the
proceed of the said Corne, At aliter nescit./
~~~
HCA 13/55 f.7v Annotate [CHECKED]

Ad quintum respondet That hee conceiveth that the shippe
interrogate when shee went out uppon the voyage
interrogate was a middle aged shippe, but he sayeth
that since her commeing from the voyage interrogate
lyeing too longe uppon the wayes her navell
hoods gave way, and soe shee proved unserviceable
for her then intended voyage, and therfore her
owners soulde her to one that hath since
broken her upp. At aliter nescit./

Ad sextum refert se ad chartam [?partitans] arlatam

Ad septimum nescit respondere/ 

William Hare [SIGNATURE, RH SIDE]
----
28º Aprilis 1639./

Prins

R E B

Pro magro Saint Hall)
et soc)

det. Maty

Robert Turner of the parish of Saint Marie hill London
draper aged 33 yeares or thereabouts sworne before
the worshipfull William Sames doctor of lawe Surrogate
to the righte worshipfull Sir Henry Marten Kinghte Judge
of his Majesties high Courte of the Admiraltye saith and
deposeth uppon his oath as followeth

That ffortie nine
thousand of Oranges one thousand of Lemmons and
twentie hundred weighte
of whale bonnes or neere thereabouts broughte to the porte
of London in the shippe the Martha of Lieth in the Kingdome
of Scotlande (whereof Robert Herriott is master) from
Ollaredoe in Biskaye and since staid in the same shippe
in the river of Thames were laden into the foresaid shippe the Martha at Ollaredoe about two monethes since
and other parts neere thereunto adiacent, for James
Cade an English merchant then there resideing for the
accompte of him the said Cade and this examinate in
halfes, and were consigned to be delivered unto him this
examinate here in this porte of London, and hee saith by
vertue of his oath, That the foresaid goods doe solelye and

properlye belonge to this examinate and the foresaid
James Cade, whoe are both naturall borne subiects of
England and ffreeman of the Cittie of London, and true and
Loyall subiects to the Kinges Majestie of England and
this hee affirmeth uppon his oath to bee true/

Robert Turner [SIGNATURE, RH SIDE]
----
25º Aprilis Anno 1637

Pro maga Saint Hill)
et socioru etcetera)./

debt Malyn.

Henricus Kersley parochia Sancti Olaves Hartstreete London generosus
annos agens 39 aut eo circiter testis in hac parte productus
iuratus et examinatus dicit quod Thoma Jennings, Richards
Saint Hill, Johem ffarrington, Johem Brady et Gilberto Keate
partes proquibus productui per spatiu septem annos et ultra
et amplius bene novit ut dicit sed partes contra qua producitur non
novit ut dicit/

Ad primum secundum et reliquos articulos alluis in hac parte dat et
admissa dicit et deponit That the articulate John ffarington
and Company aforesaid videlicet Roberte Saint Hill Thomas Jennings
John Bradly, and Gilberte Keate are reputed the Englishemen
borne and subiects to the Kings Majesty of England, and hee
saieth that hee this examinate beinge one of the Clerks of the
Customehouse for the porte of London and keepeinge a booke
of entrance of goodes imported into this porte as alsoe of
(goodes
~~~
HCA 13/55 f.8r Annotate [CHECKED]

8

goodes of forraine groweth exported from thense for the partes beyonde
the seas doth finde by those his bookes that in June Anno Domini 1636
one hundred fifty and six tonnes of Gallepolye oyle were broughte
to this porte of London in a shippe whereof one William Cane was
Master, and entered in the Customehouse aforesaid in the name of
the articulate John ffarrington and Company aforesaid and that his Majesties
Duties and Customes were payd for the same, and hee alsoe findeth
by his bookes that in July then next followinge entrie was made outwards
in the name of the said ffarrington and Company for the exportacon
of seaventy tonnes parte of the said 156 tonnes of oyles for Amsterdam
and it appeareth by the bookes and Records in the Searchers office
which hee this examinate hath seene, that tenn tonnes of oyle parte
of the foresaid 70ty tonnes were laden aboard a certaine shippe called
the ffortune of husen alias husden of which shippe one Severin
Jacobson was saed to bee master, to bee transported for Amsterdam
aforesaid for the accounte and adventure (as he beleeveth) of the foresaid
John ffarington and Company and hee well knoweth that a
warrante for the shippinge out of the said tenn tonnes of oyle in the
foresaid shippe, oughte not to have bine grannted or obtained, neither
was yt (as hee beleeveth) before the said ffarington and Company
or some other on his on theire behalfe had or did make
faieth before some or one of the officers of the Customehouse
aforesaid that the said tenn tonnes of oyle aforesaid aswell at the
tyme of the importe as exportacomm thereof, did wholie and
bona fide belonge and appertaine to himthe said ffarrington and
Company and were to bee sould to in the partes beyond the seas
for his or theire proper accounte, And, this Certificate nowe
lefte by him this examinate in the Registry of this Courte hee saieth is
subscribed with the proper hande writeinge of the principall officers
of the Customehouse aforesaid and sealed with theire usuall seales
all but Sir John Wolstenholme the Customer whoe hath onely
subscribed his name which hee knoweth to bee true being well
acquainted with theire subscriptions and seales aforesaid, and hee
saieth that it is generall observed, that if a naturall subiecte of
his Majesties of England enter any goodes in the Custome house of
any parte in England in his owne name when as in truth
the goodes soe entred doe belonge unto a fforainer or
Strannger not borne in England, and the falsitie of that
entrance bee made knowen and doe appeare, not onely the goodes
soe entred are by the lawes and Customes of this Kingdome of
England to bee confiscated to his Majesties use, but the persons
or person soe offendinge, doth thereby forfeite all his other
personall estate, and hee knoweth that all shippes that goe
to sea oughte to have Cocquetts or pasports from the officers of
the Customehouse where they take in theire ladeinge containeinge
(the
~~~
HCA 13/55 f.8v Annotate [CHECKED]

the severall quantities of this goodes, which the merchants have
or may lade aboard such shippes, and where the sayd goods
are to bee delivered, and wheather they doe belonge to Natives
of this Kingdome or Strangers or, and these Cocquetts
and ought carefully to bee kepte untill they are free from the
Coaste, for without the sheweinge of such Cocquetts in case
they bee putt by accident or otherwise into any porte of
England the goods are in dannger of seizure and in confiscat
And this hee affirmeth uppon his oath to bee true whoe
house
hath belonged to the Custome here in London for these
twenty yeares laste paste, and upwards /

H: Kearsley [SIGNATURE, RH SIDE]
----
27o Aprilis 1639

Sharples contra)
Mallocke Smith yeo)

jus Mallocke

debet yeo./

Johannes Stafford de Lymstone in Comitatu devonia
nauta annos agens 37 aut eo circiter testis in hac parte productus
iuratus et examinatus dicit et deponit quoad Rogera
Mallocke partem p qua producitur per spatia viginti
annorum paulo plus vel minus bene navit ut dicit sed partem
contra quam produciter non novit ut dict/

Ad primum secundum et reliquos articulos allius ex parte dicti
Mallocke in hac parte datus et admissa dicit et deponit That
in the returne of the articulate shippe the Endeavor of which
hee this examinate was Master from the Maderaes towardes this
Porte of London in Company of divers other shipps which
shee mett with betweene Dartmouth and this Porte of London
comeinge off of the Reculvers betweene the boyes and turninge
upp with a Southweste wynde the articulate shippe the Eagle
beinge a heade of the said shippe the Endeavor came
a stayes a thwarte theire halfe and ffowle of the
said shipp the Endeavor and broake away the Endeavors
Catt, and twoe or three of her porte covers and
weakened and wacked her heade much, and the Anchor of
the said shipp the Endeavour beinge hunge in the Eagles
sterne they were forsed is cutt theire cable to which the said
Anchor was fastened to cleere theire shippe of the Eagle, and
the damage, which happened to the sayd shippe the Eagles
came meerely by the faulte and negligence of the Master and
Company of the Eagle and not by any faulte or neglect or
him this examinate or any of his Company, for hee saieth the
Eagle had then noe Pilott aboard her to conducte her upp, and
the Endeavor had one, and hee beleeveth in case the Eagle had
had a Pilott or if that the master of her
and her Company had soe endeavoured the said shippe the Eagle
(mighte
~~~
HCA 13/55 f.9r Annotate [CHECKED]

9

easely have gone cleere of and escaped the Endeavor, but what
damage the said shippe the Eagle hath sustained hee by
comeinge foule foule of the said Endeavor as aforesaid hee
knoweth not but beleeveth it might have bine repared
and made good againe at first for 5li of 6li at moste, and
at such tyme as the said shippe the Eagle came foule
of the Endeavor the weather was very foule and tempestuous
soe that hee beleeveth in case the damage which happned to the said
shippe the Eagle were greater then before hee hath deposed of
hee conceiveth it came rather by the extreamitye of the weather
then by any hurte which shee received by the Endeavor, and
at the tyme when the pretended damage happned to the Eagle
shippes of farr greater burthen then the Eagle was passed by
to Leward of the said shippe the Endeavor and
never tacked aboute as the Eagle did, and went cleere of the
Endeavor, and both the said shippe the Eagle, and the shippe
the Endeavor hee saieth are both old shippes and by reason of the
Eagles comeinge foule of the Endeavor the Endeavor was in greate
dannger of beinge caste away. And this hee saieth is true by
vertue of his oath whoe was in the said shippe the Endeavor
at the tyme when the pretended damage happned Al aliter
nescit /

Idem ad interia ex parte Sharpulls [CENTE HEADING]

Ad primum respondet That hee cometh to testifie the truth in this
cause at the requeste of the partie on whose behalfe hee is
produced and in respecte of his oath hee favoureth the parties
litigante indifferently, and would give the victory to the partie
that hath most righte thereunto, Al aliter pro parte sua respondet
negative. /

Ad secundum respondet negative et aliter nescit saveinge hee saieth
that hee this respondente was master of the interrogate shippe the
Endeavor the tyme interrogate when the damage happened to the shippe
the Eagle. /

Ad tertium satisfactum est supra et aliter respondet That the interrogate
Mallocke did make stay of a greate parte of his
this respondents and Companies wages but uppon what pretenses
hee doth not well knowe but saieth hee beleiveth
was partely for the pretended damage before menconed, but hee
saieth that hee this examinate beinge lyable to pay the Company
theire wages comenced a suite againste the said Mallocke for his
owne and the Companyes wages in this Courte and since that suite comenced
hath received satisfaccon to his owne content, and noe parte
of his wages is unpayd him Ac aliter respondet negative. /

Ad quartum respondet that theire were divers other shipps in Company at
the tyme of the pretended damage interrogate Ac aliter pro parte sua
nescit saveinge hee saieth the said shippe the Eagle was the
tyme interrogate at the stayes /
~~~
HCA 13/55 f.9v Annotate [CHECKED]

Ad quintum respondet that hee beleiveth the Eagle the tyme aforesaid
lost her Rudder and received some damage in her sterne post
but wheather the same came by the Endeavors anchor or her
Bowe hee knoweth not, but saieth fower of five of the
Eagles Company came board the Endeavor, and they said
they had lefte but twoe men aboard the Eagle and this respondent
as soone as hee could gett passage for those men which came
aboard his shippe hee sent them to theire owne shippe againe
whome as hee hath heard safely arrived aboard theire owne
shippe the Eagle againe /

Ad sextum refert se ad quicquoad predeposuit, et aliter nescit /
Ad septimum respondet That at the tyme of the damage in question
and before the Eagle came a stayes the interrogate shippe the Endeavor had steeridge way enough
and soe mighte the Eagle have had alsoe in case shee had
not come a stayes as shee did, but by reason of her comeinge
a stayes the said shippe the Endeavour could not possibly
gett cleere of the Eagle Al aliter nescit /

John Staford [SIGNATURE, RH SIDE]
----
29o Aprilis 1639

Osborne contra)
ffreese Smith)
Winson)

debt Smith/

Willimus Godfrey de Alhallowes Barkinge London
Cordwayner annos agens 37 aut eo circiter testis in hac parte
productus, juratus et examinatus dicit et deponit qual
partem producentem videlicet magre Osborne per tres annos et amplius
aut eo circiter bene novit ut dicit et ffreese partem contra
quam productur  per simile tempus etia bene novit
ut dicit. /

Ad primum et reliquos articulos allius ex parte andra Osborne
in hac causa datus et adsmiss dicit et deponit That in March
laste was fower yeares in a Comission grannted out of the Prerogative Courte of Canterbury hee this examinate beinge amongste
others nominated as a Comissioner,
for the Inventareinge appraiseinge and
valueinge of the goods and Chattles of one Thomas Harte
deceased, and haveinge so received some intelligence that
the articulate ffreese had some goodes of the said deceaseds
in his hands and possession, hee this examinate and twoe other
of the said Comissioners did call before them the said
ffreese and demannded of him what goodes or monies
hee had or knewe if belonging to the said deceased and it did then appeare to him this examinate and the other
two Comissioners
that hee the said ffreese had received tenn coyles of roapes belonginge to the
articulate Harte deceased, and that hee had sold them or caused them to bee solde to
one Harvey of Maldon for the some of forty twoe poundes
sterlinge little more or lesse, and thereuppon hee this examinate
and the other of the Comissioners then presente put
them into the Inventory of the goodes of the deceaseds
And this affirmeth to bee true And otherwise hee cannott depose

Willm Godfrey [SIGNATURE, RH SIDE]
~~~
HCA 13/55 f.10r Annotate

10

Aprilis
30º ffebruarij 1639/

Gibbon contra Mullender

1s

Gibbon

Georgus Brome parocha Sancta Anno Blackfriars
London Scriptor annos agens 60ta aut eo circiter
testis se./

Ad primum articulum alluis ex parte Gibbon in hac parte
datus et oblatus nescit deponere salvis subsegcacu

Ad secundum refert se ad testamentu arlatum./

Ad 3 et quartum affirmat That this examinate beeing
by profession a Scrivener did by the direction and
from the mouth of the articulate John Sutton
write the last will and testament of the
him the said button which to his relicte and
Executrix since proved, and in the tyme of
the makeing of that will hee the said Sutton
beeing then of perfecte minde and memory did
in the presense and heareing of him this
other
examinate and other witn one ⁁ or more witnesses
publishe and declare that hee was then
owner of a sixteenth part of the articulate
shippe the Primrose, and her all thinges
belongeing to her, and that hee woulde and
did give the same to him Timothy Sutton his
brothers sonn, but not to have the same xx
any benefitt by untill after the expiracon of
the lease of a house and wharfe in the parishe
of Saint Andrewes Wardrob grannted by master
John Waynewright wherein there were then
about seaven yeares to come, and that his minde
and intention was that his wief should inoye
his said part of his said shippe and all the
rest of his estate untill the expration of
the said lease, soe that hee is assured
verily beleeveth in his conscience that his
meanninge was that the said Timothy Sutton
shoulde neither have the said part of the
said shippe nor any use or proffitt of the
same untill after the expiration of the lease
aforesaide And this hee affirmeth uppon
his oath to bee true who was a witnes to the
signeing and sealeing of the said will and
tooke tooke instructions from the said
f John Sutton for the makeing thereof At
aliter nescit./

Ad quintum nescit deponere./

Ad sextum refert se ad testamentu arlata

Ad septimum nescit deponere aliter quam prius./

Ad ultimum dicit predepoita esse vera./
~~~
HCA 13/55 f.10v Annotate

dt Smith

Ad interrogatoria [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie
this cause at the intreaty of the said Gibb
sayeth that hee favoreth the partyes
indifferently, and wisheth the victory to him
with most right to yt, and is of noe
that
lynn nor any wayes alled to the hurty
producent

Ad secundum nescit respondere./

Ad tertium affirmat That the wardes concerning
the disposing of the said sixteenth part of
the said shippe, and that Timothy Sutton
aforesaide should not have the same untill
the exporation of the said lease were
velived by the estaton at the tyme of the
makeing of the said will voluntly
in his the said Suttons house at neere
Priddle wharfe, and the said testator then
walked upp and downe, but was pray and
sickly and hee then as hee beleeveth
At aliter nescit./

That this respondent and the rest

Ad 4 respondet
of the witnesses to the will aforesaid
whose names hee now remembreth not
were present at the speakeing of the
said wordes, and hee sayeth that hee
not bin acquainted with his contest
pduced in this cause above a moneth or
and hee sayeth
sixe weekes or thereabouts
hee had 5s or thereabouts for makeinge
the said Will, and about sed more
for negressing yt after his death, At aliter
respondet negae./
respondet That hee doth not remember
that the said John Sutton did in expresse
termes say who shoulde have the profitt
and proceed of the 16th part of the said
shipp untill the expiration of the said
thense, nor did hee in expresse traded
Cappente, the proffitt therof to any body
his
for that tyme, but hee conceiveth
~~~
HCA 13/55 f.11r Annotate

Gibbon

11

meaneing was that his wief houlde have
the profitt of the ymployment of the
said shippe untill for the said least were
and exaid expred because
or hould bee
that hee did xxx in expresse termes declare
that the said Timothy Sutton shoulde
way for his part of the said shippe
untill the said lease soulde, bee
expired as all the rest of the Leghtors
in his will shoulde doe for their legars
as
At aliter nescit./

Jo: Proe [SIGNATURE, RH SIDE]
----
Dicto die./

Swithin prope London
francisca Day paid
stone London vidna annos agens 46 aut eo
circiter testis se./

Ad 1. secundum et reliquos articulos alluis ex parte Gibbon in
hac parte datus et oblatus dicit et deponit That
the articulate John Sutton the day before his death
lying then sicke in his bee, but of
perfert minde and memory beeing is wief
in the presence and heareing of this examinate
and the master Gibbon whether shee by his
Gossen Timothy shoulde have his 16th part
of the shippe presently after his death
replied noe noe by noe meanes a and
not untill the rest of the legayes are
die, and noe longe after the said John
of his Pollicia
Sutton speakeing againe to this examinate
et alone with him
is concerneing the said Timothies
being
having the said port, haveing the said
want of the said shippe, soe that
nave
of hee rester at Cason hee losses
thinge, and said that hee hee shore
bee the proffitt of the 16th part
of the said shippe that the
ches were due, hee beeing then alsoe
of good and proiecte minde and menn, And
this hee affirmeth uppon her oath to bee
1s wief
the not one the remaine lived in
his
house with the said John Sutton and
being the sailes
the the goods aforesaid Et aliter nescit
~~~
HCA 13/55 f.11v Annotate

Ad interrate./
respondet That hee cometh to testifie
the this cause at the request of the said
his wief, which was the widdowe of
Gibbons and
the said John Sutton, and sayeth that hee
neither hath received nor expecteth to
receive any thinge for her testimony in this
cause, nor is of affinity or kinn to him
his
To
the parts producent, but favoureth
and his wies most, and to her woulde the
victory to the in this cause yf yt were
in her power

Ad secundum nescit respondere./

Ad tertium nescit respondere aliter qua prius./
nescit respondere aliter qua prius, Saveing
that shee never saw her contest untill the
last terme, At aliter respondet negaae./

Ad quintum nescit respondere aliter qua prius./

Signum dicti & ffrancisco day
----
1o Maij 1639

Pro Jacob Jonnes 
fferray et socys

jus

Bastill Merchia of the parishe of Saint Annes Barkers
London merchante aged aboute 47 yeares sworne before theworshipfull William Sames Doctor of Lawes Surrogate to the right worshipfull Sir Henry Martyn
Judge of his Majesties highe Courte
of the Admiralty beinge examined saieth and deposeth

That hee this
examinate is well acquainted with one George Hugen Master
of a certaine shippe called the Catherine of Lith in the
kingdome of Scotlande, nowe stayed at ffallmouth in the
County of Devon Cornewell, and hee verily beleeveth in his
conscience the said Higer, with with his said shippe the the
with his said shippe the xxx for the share
hath bin not bine in Scotland ⁁ for those above these twelve
monethes laste paste, reddens racoem credulitatis sua for that
aboute a yeare since and better hee the this examinate
received letters from the said Hugens dated in Saint Malloes in
ffrannce wherein hee did advise him this examinate that hee had
lett out his shippe to fraighte to certaine ffrench merchants there
bee
resident for a voyage to made from Saint Malloes to Mayors
and other ports and places in the said Streights and backe from thence
againe to Saint Malloes, and since hee received that hee as
that the said shippe puttinge into Plymouth two the said Hage
write to him this examinate gave
wherein hee did advise him that hee
was outwards bounde for the straights in the service and
imployment of ffrench merchants resident at Saint Malloes aforesaid
and was to returne backe againe to Saint Malloes, and it doth
hee
nowe appeare to him this examinate bee hee his the said
shippe the by a letter from the said Hage dated at ffallmouth
(as
~~~
HCA 13/55 f.12r Annotate

12

Rs. E. B

and bills of ladeinge under the said hage he hand
ffallmouth aforesaid the 23th of Aprill laste that the said shippe the
wards Saint Malloes
Catherine in her returne from the Mayorts, and Allecante
where shee tooke in her ladeinge, for the accounte and adventure
of the ffrench merchants that fraighted her out from Saint Malo ⁁ puttinge
into ffallmouth is there seized uppon and all the goods in her sayd
as belonginge to Scottishmen, but hee this examinate is very
perswaded in his conscience that the goodes in the said doe
solely and properly belonge and appertaine to ffrench men
residente at Saint Malloes aforesaid, and that the said shippe was
bounde thither and not into Scotland, and the goods in her are
as doth appeare to him this examinate by the said Hagens letter, salte
wyne, capers seape and liverishe but the particuler quantities
thereof hee knoweth not And this hee affirmeth to bee true by
vertue of his oath.
Aue
dco die
Sertan Le Crant of Saint Malloes in ffrannce merchante aged
34 aut eo circiter aboute 34 yeares sworne and examined as
aforesaid saieth and deposeth as followeth videlicet That uppon or aboute
the last day of December last paste stilo nove the shippe called
the Catherine of Lithe in Scotland of which George Higge
is Master departed and sett saile from Saint Malloes aforesaid xxx
the Sir Moye and Allente in the service and imployment
of Jaques Jonne de La fforray and divers other ffrench merchantes
resident at Saint Malloes of which whereof hee this examinate is one
laden with ffishe and liven cloth to bee transported in the said
shippe to Mayoria or Allecante for the accounte and
adventure of the said fforray him this examinate and company aforesaid
and hee saieth that after the arrivall of the said shippe at
Mayorca and Allecante aforesaid and after shee had there dispose
of her outwards ladeinge shee was againe by him this examinate whoe
went in her the said voyage and other ffactors there residente
re laden with 13 pipes of Mall Allecante wyne, fifty bales of Almonds
fifty bales of barrilla, 24 or 25 tonnes of salte, 54 barrells of
soape, at 156 barrells of Capers and divers other goodes and
mrchandizes the perticulers whereof hee are expressed in bill
of ladeinge signed by the said Hugen for the delivery thereof to bee
transported from thence to Saint Malloes aforesaid for the accounte and
adventure of her outward fraighters aforesaid whoe are all ffrench
merchants resident at Saint Malloes and subiects to the ffrench Kinge
of from Mayor
but the said shippe hee saieth in her passage
with the foresaid goodes at her
and Allegante aforesaid towards Saint Malloes puttinge in to fullmouth
is there seized uppon and shee and all her ladeinge aforesaid stayed
and detained And this hee affirmeth to bee true

Smith
~~~
HCA 13/55 f.12v Annotate

2o Maij 1639

Pr magr Osborne
et socys

Rp. E. B.

John Alane of Queensferry in the Kingdome of Scotland,
marriner aged aboute 26 yeares sworne before the worshipfull
William Sames Doctor of Lowes surrogate to the rte worshipfull
henry Marten knighte Judge of his Majesties highe Courte of the

Admirallty being examined saieth and deposeth

That in
ffebruary laste parte there was laden aboard the shippe called the
ffortune of Queensferry aforesaid of which shippe hee this examinate
was master) at London Derry in the Kingdome of Ireland
thirty Cask of tallowe, twenty fower barrills of beife and fowerteene
barells of herrings marked as in the mxxx margente and
some other goodes in all to the quantity of twenty tonnes for by
the order and directione of henry Osborne of London Derry
mechante one of the Aldermen of the said Citty for t to be
transported in the said shippe from London Derry aforesaid to the
porte of Dover for the proper accounte of and adventure of
the said Osborne and partners, and there to bee dsposed of
uses
for theire xxxxxts, and hee saieth that one henry Osborne
and partners
his the said Aldermans ⁁ ffactor or partner came over with this
in the said shippe
examinate ⁁ from London Derry) aforesaid to Dover and did there
dispose of and sell all the foresaid goodes for the accounte of
the said Alderman and partners, and that after hee had there
same
soulde and desp disposed of the said goodes the proceede thereof
and fraghte were
togeather with the said shippe as seized uppon and made stay
of and the Alderman Osborne is as hee hath heard a Scottishman borne
but hath lived in London Derry aforesaid for these many yeares
laste paste and is nowe one of the Alderman of the said Citty
as before hee hath declared, and the reste of his partners are alsoe
as hee hath heard and beleeveth Inhabitants and dwellers at
London Derry aforesaid, and neither the said Alderman, nor any of
his partners are as hee beleeveth in his conscience any of the
Covenant of Scotland aforesaid but are free, and cleere of
that Covenant and noe wayes aydrs or assisters to the same/
And this hee affirmeth by vertue of his oath to bee true

John allan [SIGNATURE, RH SIE]
----
dicto die

2us

R. E. B:

Henry Osborne of London Derry in the kingdome of
Ireland merchante aged aboute 24 yeares sworne and examined
as aforesyd saieth and deposeth as followeth videlicet.

January of beginning of
ffebruary
That in ⁁
laste passe there were laden aboard a certaine shappe called the
ffortune of Queensferry in Scotland of which shippe John Allane
was master at London Derry in the Kingdome of Ireland to
bee transported from thense to Dover here in England 48 barrells of
beefe, 14 barrells of herrings, 33 Caske of tallowe, and a hundred
Caske of butter little more or lesse for the proper accounte and
adventure of him one henry Osborne of London Derry aforesaid
and
Patricke Richard and him this ⁁ examinate all London Derry
of
(aforesaid
~~~
HCA 13/55 f.13r Annotate

13

aforesaid merchants and him this examinate, and hee saith that hee
this examinate by the direccons and with the consente of the other
twoe merchants before expressed came over to Dover in the said
shipp for to dispose of and sell the foresaid goodes and to make
his returne backe againe for London Derry aforesaid; And the
second day after the arrivall of the said shippe at Doverr aforesaid
with the said goodes in her hee this examinate did sell and,
for the accounte of him selfe and parties aforesaid
dispose of the all the foresaid goodes ⁁ to one master Daniel Skinner
of Dover merchante, and caused the said goods to bee delivered unto
him, but after the delivery thereof the proceede or monies
which hee this examinate was to receive of the said Skinner for
same
the said goodes was seized uppon and made stay of for that
hee this examinate and partners aforesayd were Scottishmen borne
but hee saieth by vertue of his oath that they nor either of them
are any of the Covenant of Scotland nor Confederates with any of
that Covenant but are his Majesties loyall subiects, and the said
henry Osborne hee saith is nowe at present one of the Aldermen
of London Derry) aforesaid and hath lived there and kepte a house there
as it is there reported
for above these fifteene yeares last paste, ⁁ and the said Richard
hee saith hath kepte a house in London a foresaid Derry aforesaid
as it is alsoe reported
for above these 12 yeares last paste ⁁ and hath lived there in
Ireland for above those twenty yeares excepte when hee hath
bene abroade aboute his affaires of merchantdizinge, and hee
this examinate hath br had relation to the same place for the space
and for for all that tyme they have both lived there
of above these 7 yeares laste paste ⁁ And this hee affirmeth to bee
true /

Henry Osborne [SIGNATURE, RH SIDE]
----
dicto die

futter et alj contra
Stratforde

debt yeo/

Thomas Marcham servante, and an apprentice to Augustine
futter of the parishe of Saint Margaretts newe fish streete London
habberdasher aged aboute 21 yeares sworne and before the
worshipfull William Sames Doctor of Lawes Surrogate beinge
examined saith and deposeth by vertue of his oath
said

That yeasterday
and the morninge hee this examinate beinge imployed by his ⁁ master
for to enquire after the sufficiency and ability of one John
Porter a Tayer liveinge uppon Saint Peter's hill London
and one master Douse a buttonseller liveinge in Commonstreete
Captaine
London twoe suerties give in on the behalfe of the xxxx
Stratford as hee is informed to answere an accon comenced by
his said Master and Company againste the said Stratforde in the
summe of 800 li in the Admiralty, and enquireinge of some of the
Neighbours (whoe as they said lived neere them and were acquainted
with them hee this examinate was told that they) were not thought
soe greate an accon xx beinge
to bee able or sufficient to answere any such accon xxx xxxxed
⁁ againste the said Stratford fto bee worth above a hundred pounds
supposed not
for that they were not supposed to bee worth above a hundred poundes
a peece, at the moste And this hee affirmeth uppon his oath to bee true /

Thomas Marsham [SIGNATURE, RH SIDE]
~~~
HCA 13/55 f.13v Annotate

3º Maij 1639

Rs. E. B

Anthonye stroken of the parishe of Saint Nicholas Acons London
merchante aged 23 yeares or thereabouts sworne before the worshipfull
William Sames Doctor of Lawes Surrogate to the righte worshipfull
Henry Martyn knighte Judge of his Majesties highe Courte of the Admiralty
beinge examined saieth and deposeth

That there came
one Jine Pente of London which bill of ladeinge in the shippe
consigned to him this examinate to the accounte and adventure of
called the good ffortune of Eliffe in Scotland (whereof one
Dillan in
David Carmighill is master) from Brittany in ffrannce
sixty six tonnes and a quarter of ffrench flye and twenty
one tonnes of ffrench Barlye greate measure to bee delivered
here at this porte of London as her the bill of ladeinge may appeare
but the said shippe with the said goodes in her in her passage
from Brattany aforesaid for London puttinge into Plymouth is
there seized on and detained, And the foresaid goodes hee saieth
doe solely and properly belonge and appertaine unto him this
his partier
ex and and ⁁ Richard Walker of Southa merchante whoe are both
Englishmen borne and subiects to the Kinge of England And
this hee affirmeth uppon his oath to bee true, further addinge that
hee this examinate and one of his Majesties officers or Ministers called ⁁ afford
are in treaty togeither aboute the foresaid Co Barly and Rye to
bee delivered at Barwicke for his Majesties use there

Anthony [SIGNATURE, RH SIDE]
----
4o Maij 1639

jus

E.B

Pro magre Mire John Hibbins of the parishe of John Malbrooke London merchante
aged 25 yeares or thereabouts sworne before the worshipfull William
James Surrogate to the righte worshipfull Sir Henry Marten knighte Judge
of his Majesties highe Courte of the Admirallty beinge examined
saieth and deposeth

That aboute three weekes since master Samuel
his this examinats master
Micoe of the Citty of London merchante received a letter from his
ffactor James Cade resident at Saint Gunners in Spaine with
bill of ladeinge and Invoyce inclosed, by which it doth appeare
that there was laden aboard a certaine shippe called the Mary
of Loth in Scotland of which of one Roberte Hernott as master
at Saint Sivers aforesaid f fowerscore and said double borrs of
Spanishe plation from to bee transported in the said shippe from Saint
winers aforesaid to this porte of London and heere to bee delivered to
his this exts said master master Mico and master James Mapper of
Weymouth in the County of Dorsett wrante or beither of the
and the said iron hee saieth as the said ffactor doth advise of his
this exts master by his letter aforesaid was laden aboard the said shippe
Po master
his

E. B
~~~
HCA 13/55 f.14r Annotate

14

for the accounte of his said master, and master Napper aforesaid
and both as hee beleeveth salely and paperly belonge and
appertaine unto them the said Mico and Napper, and was
as hee conceiveth the proceede of some goodes wheth or moines
had
which the said Cade hath of them in his handes, And the said
Mico and Napper hee saieth are as hee beleeveth in his
Conscience both English men borne and true and loyall
subiects to the Kings matye, and the said iron hee saieth is
nowe at present under detencon aboard the said shippe the
Martha uppon pretence that it may belonge to Scottishemen
And this hee affirmeth uppon his oath to bee true./

John Hibbins [SIGNATURE, RH SIDE]
----
dio die

Pro Magre Pits et)
Sociyes./

jus

R E B

Archiball Johnson of London Derry in the Kingdome of Ireland
marriner aged 36 yeares or thereabouts sworne before the worshipfull
Willij Sames Doctor of Lawes Surrogate to the articulate worshipfull Sir
Henry Marten knighte Judge of his Majesties highe Courte of the Admiralty beinge
examined saieth and deposeth

That uppon Weds Wednesday the
24th day of Aprill laste paste the shippe called the Beare of
London Derry aforesaid of which John Lindsay was master in her
beinge laden with wynes
course from Duncquercke towards London Derry aforesaid ⁁ rideinge
and
at anchor in the Downes, with three Anchors out, ⁁ twoe of
all a head, the weather beinge exceedinge tempestuous and fowle
and the Wynde blowege very hard and the sea very rough twoe
of the Cables to which the said Anchors were fastned brooke
and the other came home soe that the shippe came a drifte
was
and with the violence and force of the wynde and weather ⁁ driven
but
uppon a greate cable shippe of Dartmouth ⁁ her name or masters
name hee knoweth not, then rideinge at an anchor in the Downes
alsoe, and came fowle of her and that greate shippe hee saieth
throughe the violence of the weather over sett the said shippe the
Beare and suncke her and her ladeinge, and her Company had
much enough to doe to save theire lives but shee and all her
ladeinge perished in the sea And and noe parte thereof was or
could bee saved the weather was soe foule and this hee affirmeth
uppon his oath to bee true whoe was in the said shippe the tyme
aforesaid and was Masters mate of her

Archiballe Jhonsonne [SIGNATURE, RH SIDE]
----
dicto die

2s

Potts

R E B

John Hunter of London Derry aforesaid marriner aged twenty
yeares sworne and examined as aforesad saieth and deposeth as
followeth videlicet

That uppon Wednesday the 24th of Aprill last
paste the shipp the Beare of London Derry aforesaid, John Linsey
(master
~~~
HCA 13/55 f.14v Annotate
master, laden with spainghe wynes in her passage from Dunquercke
where shee tooke in the said wynes, fro towards London Derry
came to an anchor in the Downes, and the weather beinge
extreame foule and temmpestious and the sea exceedinge rough
and the said shippe the Beare haveinge three anchors out
by which shee ride twoe of the Cables belonginge to the said Anthors
broake, and before the third came home, soe that the said shippe
the Beare was droven foule of an other greate shippe of
Darthmouth but her name or masters name hee knoweth not
alsoe then rideinge at anchor in the Downes and that greate shipe
hee saieth over sett the Beare and suncke her and her ladeing
that
and the weather was soe extreame foule ⁁ hee saieth by vertue of
his oath that noe parte or parcell of the said shippe tackle, or
furniture, or of the goodes in her was or could possible bee
saved, for that her Company had much enough to dxxx the same
thxx xxxxx but were all loste and perished in the sea and
her master and Company had much to doe to save theire
lives And this hee affirmeth to bee true whoe was one of the
Company of the said shippe and in her the tyme aforesaid/

J H
----
dicto die./

Johnson contra Smally
yeo Smith

XXL

R. E. B

Alexander Mayer of the parishe of Saint Nicholas Acons London
silke weaver aged 36 yeares or thereabouts sworne before the worshipfull
William Sames Surrogate/ beinge examined saieth and
deposeth

That hee this examinate beinge a kinsman of John Johnsons
the plantiffe in this cause was requested by the said Johnson
to make enquiry after Thomas Evans of greate Alhallowes London
Clothworker as hee writeth himselfe and Daniel Woode of
Saint Dunstaines in the Easte London gen of hee alsoe writeth
twoe suerties bounde for the said Smally to answere the accon in this behalfe comenced
himselfe, ⁁ and hee saieth by vertue of his oath that hee this examinate
did goe to the house where it was said the said Thomas Evans
did dwell and did there enquire of some of the Neighbours of
the A abillity and sufficiencye of the said Evans and what hee
might bee thought to bee worth and was by them (whoe as they said
knewe him well) told that hee was a very poore man, and was
lately putt out of his house, and hee further saieth that hee did
and his goodes sould and had noethinge to live by but his lanour
and divers others of that parishe
enquire of the sexton of Saint Dunstanes in the Weste ⁁ after the
said Daniel Woode, wood divers others of that parishe, but untill
the other suerties
heare of noe such man liveinge in that parishe but saith that hee
was directed to goe to Cliffords Inne to enquire there for him and
there hee spoake with one master Alexander Woode a gent of the parishe
but hee neither knoweth noethinge of this busines in question neither
doeth hee knowe of any such man as Daniel Woode as told himthis
examinate And this hee affirmeth uppon is oathe to bee true /

Alexander Mayar [SIGNATURE, RH SIDE]

~~~
HCA 13/55 f.15r Annotate

15

4o Maij 1639

very contra Shadwell
Johannes Bathe de Stepney all Stebucheth in comitatu Middlesex
artyn Smith
nauta annos agens 25 aut eo circiter testis in hac parte productus
iuratus et examinatus dicit et deponit prout sequitur videlicet quod
Willim Avery partem producentem per decem annos et amplius bene
debt Martyn
novit et Gladwell ptem producente contra quam producitur per
spatiu ann et amplius exa tant novit ut dicit/

Ad alluem apud acta ex parte and Avery 24 Aprilis in hac parte
fact dicit et deponit That the said Avery went out masteinge
madeing the xx and and a wife and
xxxxxxxxxxxxxxxxxxxxxxxxxx
was
in question generally
to his this examinate knowledge was for all the
accounted reputed, and taken to bee masters Mate of the shippe
from this porte of London to the Barbadoes in the Weste goodes
Edward and
question and
voyage
a
done
called the George and
hee beleeveth hee was shipped for a masters mate reddens racoem for
that hee this examinate goeinge passinger in the said shippe from this
Barbadoes
porte of London to the Weste Blade in the rest for as hee
whether shee was bounde did often tymes in her passage theither
speake to Reynolds Mills the master as the said shippe, and amongste
other discourse and take which they had togeather the said Mills of
told him this examinate that the said Avery was his Mate, and hee never
him, and that after shee arrived at the
heard him say otherwise
was a shoare so aboute three monethes and afterwards the said shippe the And then
from thense
Barbadoes aforesaid hee this examinate ⁁ was hired to goe Pilott of the
to Duncquercke where the said voyage he ended and her Company
who were dischardged and the said shippe the Gen being Edward and
was
George hee saieth of of the burthen of aboute 30ty tonnes little more
lesse, but what is the usuall wages of a Masters Mate for such a voyage
as the voyage in question was as hee saieth hee knoweth not but saieth
served as a masters mate
served in the like
that hee this examinate hath had truth
voyage for 45 li a month and hath at other tymes had 4 moneth and
better. At aliter pro parte sua nescit deponere./

Idem ad Interrogatoria

Ad primum respondet That hee cometh to testifie his knowledge in this
cause at the requeste of the ptie producent but in respecte of his oath
hee favoreth the parties litigante indifferently and wisheth righte may take
place Al aliter negative./
and masters Mate

Ad secundum respondet That hee this examinate was pilott of the shippe
the the Edward and George from the Barbadoes to Dunquercke parte
of the voyage in question, and hee was fully satisfied and contented from
wages for his service in the said shippe by Reynolde Mills the master of the
said shippe the said voyage at Duncquercke aforesaid and there in come in the
doe
more ⁁ to him for his service aforesaid./

Ad tertium nescit respondere saveinge hee saieth hee heard the articulate
Gladwell for at Duncquercke whileste the Edward and George as there
say and confesse that the said Avery was Masters mate of the said shippe
be condente which any
the Edward and George and deliver denied this
sayeinge hee knewe of noe others Mate but the articulate ever and that hee would pay
the said Avery his wages and that this respondent might looke to the masters for which
hee would have any
~~~
HCA 13/55 f.15v Annotate
Ad quartum nescit reddere, saveinge hee saieth that Avery pretendinge
that the master of the shippe the Edward and George had spoake
or given out some wordes concerneinge the Governour and of the
Barbadoes and his Goverment there procured a warrant againste the master
to call fetch him before the Governour and the said Avery not perceivinge
his pretences against the master was condemined to ride the horse but by
the masters meanes was afterwards freed from that punishment

Ad quintum nescit respondere saveinge hee saieth that hee this examinate
whileste hee was at Dunquercke aforesaid did make a coppie of a noate
which Mills the master of the said shippe had made of all the
shippe
marriners wages belonginge to the said, and to his beste remembrance
the interrogate Averyes wages was sett downe in that noate, and that
observed to this examinate

noate was as the said Mills hath since the delivery thereof delivered to the
interrogate Gladwell and Jeremye or one of them

Ad sextum respondet That hee this examinate was shipped at the Barbadoes
to saile in the said shippe the Edward and George from the Barbadoes
a
to Duncquercke as a Pilott and as alsoe as ⁁ Masters Mate of the said
shippe and received wages accordingly, and was in the said shippe
was goeinge
dureinge the tyme shee went from the Barbadoes aforesaid to Duncquercke
which was for the space of aboute 4 monethes little more or lesse, but hee
never heard that the interrogate Avery was turned out of his place or that
his wages did discontinue as a Masters Mate to him dureinge the tyme
aforesaid or that hee was accounted noe otherwise in the said shippe then a comon
man for the the aforesaid, and further hee saieth that in the acco noate or
accounte of the marriners wages of the said shippe which the said Mills
hee this examinate coppied and which the said Mills saide hee delivered to the said
Gladwell and Jermye or one of them at Duncquercke aforesaid the said Avery
was sett downe as Masters Mate of the said shippe to his beste remembrance
Al aliter nescit /

Ad septimum respondet That hee this examinate rendente was present who with the
when they
theire busines
said interrogate Arery and Glidwell ⁁ referred ⁁ the said ffxxxx
them
betweene the to arbitacon and all the busines then betweene ⁁ which
was then in question
this rendente heard of ⁁ was concerneinge goodes which the said Avery
had had of the said Gladwells to dispose of, and the interrogate Jermy
by
hee to his beste remembrance was those as abitrator for Gladwell and
the interrogate Hooke by Averye Al aliter nescit /

Ad octavum pro parte sua nescit respondere./
Jo;

Ad nonum respondet negative/

Jo: Bavhe [SIGNATURE, RH SIDE]
----
6o Maij 1639

2us

Richardus Gente de Ratcliffe in Comitati Middlesex nauta
annos agent 24 aut eo circiter testis in hac parte productus juratus
et examinatus dicit quod Avery parten p qua producitur abita
vings in hac parte controvers novit ut dicit et Gadwell ptem contrac
quam producitur per smale tepus etam novit ut dicit /
Avery

Ad per alluem apud act ex parte asson Avery 24 die mens
Aprilis ultimum in hac causa fact dicit et deponit That the said Avery
the voyage in question
in the passage of the shippe the Edward and George from the porte of
(London
~~~
HCA 13/55 f.16r Annotate

16

London to the Barbadoes in the Weste Indies, whether shee was sounde the
was generally reputed and taken to bee masters mate of the said shippe
nor
he saieth shipp
Accate men
xxxxxxxxxxxxxxxxx
of the xxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
after the arrivall of the said shippe then at the Barbadoes aforesaid
some difference happeninge betweene the said very and Reynold
did appointe
Mills the master of the said shippe the said Mills dente
one Nathamell still to bee his mate, and did alsoe hide another another
xxxxxxxxxxxxxx
man
of the said shipp xx xxx a Barbary foresaid to goe in the
said shippe from the Barbadoes to Duncquercke where the said
him
was ended, but whether the hee had ⁁ for his Mate or noe
to
the said Avery west a longe and the said shippe to Duncquercke aforesaid and
hee knoweth not, but saieth hee never heard that the said Avery
was put by his Masters Mate shippe for that hee was unshipped
London to the Barbadoes in the Weste Indies the said Avery
was Masters Mate of the said shippe and soe commould accounted
reputed and taken, and after the arrivall of the said shippe there
at the Barbadoes after the said shippe was halfe reladen againe and
as allmoste ready to come from thence, the some difference happeninge
betweene the said Avery and Reynold Mills the master of the said
shippe ⁁ and that beinge heard before the Governor there at the
Barbadoes Avery was condemined to ride the horse a kinde of munishment
which they use there, but the said Mills gott him released of that punishment
and bidd him goe a shipp board againe, and the said Avery did goe
a shipp board but wheather hee did continue as Masters Mate afterwards
hee knoweth not but saieth for that the after the said shippe was gone
from the Barbadoes and had bine att some other places neere thereabouts
and was comeinge homewards the said Mills to in this exts presente
and heareinge told his Company that Nathaniel Will was nowe his
Mate and wished them to take notice thereof, and to give him the respecte
due to a masters mate and one while hee saieth the said Wall was
called mate, another while one John Bathe, and another while the said
Averye, Al aliter proporte sua the prmisses hee knoweth to bee true for that
hee this examinate was in the said shippe all the voyage in question, At
2d
aliter pro parte sua nescit saveinge hee saieth the said shippe is of the
burthen of aboute 70ty tonnes little more or lesse, and in his observacon
whoe hath bine 4 severall voyages at the West Indies the ordinary
wages of a Masters mate it from this porte of London to those partes
is sometymes fifty shillings, sometymes 3. some tymes more sometyme
shill
lesse but hee never knewe lesse the fifth give to any that it is
masters mate to this in the like voyage as the voyage in question was./
Idem ad Interrogatoria
ad primum respondet That hee cometh to testifie his knowledge in this
cause at the requeste of the producent Avery and most right may take
place, and foweth the parties litigante indifferente, At aliter reddet negative

Ad secundu reddet That hee was one of the comen of the Edward and
George the voyage in question and received all his wages of Mills the moste
of the said shippe at Duncquercke where the voyage had and there is noe parte
of his wage
~~~
HCA 13/55 f.16v Annotate

Ad tertium nescit ruddere but dicit /

Ad 4 refert se as predepote et aliter nescit swer andet /

Ad quintum papparte sua nescit respondere sumeinge hee saieth hee
would acknowledge
heard Glidwell say at Duncquercke that hee knewe of noe other
mate of the said shippe the Edward and George the voyage.
question but the said Avery, and that if Mills had made choyse of any
others hee should pay them theire wages himselfe for they would not

Ad sextum refert se ad prede parta et aliter pro parte sua nescit /

Ad septimum p parte sua nescit saveinge hee hath since the
beginge of this suite heard of an arbitration made betweene the
interrogate Glidwell and Avery but hee knoweth noethinge of the contents
thereof./

Ad octavum pro parte sua nescit/ Ad nonum pro parte sua reddet negative

Richard Gent [SIGNATURE, RH SIDE]
----
22o Maij 1639

R E: B

Samuel Garnett of Saint Olaves in the Burroughe of
Southwarke wooll Cardmaker aged 50 yeares or thereabouts
sworne before the worshipfull William Sames Doctor of Lawes
surrogate to the righte worshipfull Sir Henry Marten knighte Judge of his
Majesties highe Courte of the Admiralty being examined saieth and
deposeth

That Callin Loxsly of Starlinge in the Kingdome of
Scotland merchante, and Andrewe of Redd of Saint Johnstowne alsoe
in the kingdone of Scotland merchante beinge indebted unto
him this examinats by severalls bills under theire handes videlicet the said
Loxlye in the sume of tenn pounds sterlinge and the said
Redd in the summe of nyne poundes sterlinge, they the said pl
and Redd in respectie and satisfaccon of theire said severall
debts ⁁ did send over and consigne unto him this examinate in the shippe
deare to this examinate
the Josephe of Carcadia John Collins Master) three barrells of xxxxx
yarne, containinge a hundred weighte of yarne a peece twoe of
which said three barrells of yarne the said and those three barrells of
yarne aforesaid beinge boughte to this porte of London in the said
shippe the Josephe and are detained aboard the said shippe in the
River of Thames uppon pretense that they doe belonge to Scottishmen
solely and properly
whereas in truth they doe nowe ⁁ belonge and appertaine unto him
this examinate whoe is an Englishman borne and true and loyall
subiecte to his Maty) and ⁁ were sent unto him in lewe of his debts
they
aforesaid by the foresaid part Loxly and Redd and this hee affirmeth
uppon his oath to bee true./

Samuell Garritt [SIGNATURE, RH SIDE]
----
6us

recod quoa69 ex et
interrate./
lit
~~~
HCA 13/55 f.17r Annotate

17

22º Aprilis 1639

Chantry contra
Dennis
3.
did Brodd

Petrus Le Curo Civitats Rusellensis in
Regio Gallico nauta, annos agens 26 aut eo
circiter testis in hac parte, productus iuratus
et examinatus dicit quod Jacobum Le Channtry parte
producen per quinqu annos ultimum et amplius bene novit
Thomam Lockier et Robtum Brimble per octo
menses ultimum etapss etia novit et Jonam
Dennis per quartuor menses ultimum et amplius etiam
novit ut dicit/

Ad primum secundum et tertium. articulos libelli in hac parte datus et
oblat, That within the tyme arte, the articulate shippe
the Thomazine rodd at anchor neere Saint Christ
Christophers, and the Barcke of the articulate
Chantry beeing then cast away there, hee the
said Chantry (as hee heard) tooke the
said shippe the Thomazine to freight of the
arte Brimble and Lockier to transport
Tobacco from thence to Deepe, Saint Malloes
or Have de grace in ffrannce, but what the
bargaine was betweene them hee cannott
declare, for that hee was not present
at the makeing thereof, nor ever sawe the
same in writeing, And this hee
affirmeth uppon his oath to bee true, who
came passinger with the said Channtry in
the said shippe the Thomazine from Saint
Christophers the said voyage, At
aliter (salvis sub seguen) ad huaxxx
articulos nescit deponere, Saveing that
the said Bramble was master of the said
shippe the Thomazine, and Lockier Mercht
of that shipp, and the arlatte Dennis is reputed
to bee owner of her;/

Ad quartum affirmat That by custome usually
observed at Saint Christophers every man that
ladeth into a shippe three to fower thousand
weight of Tobacco to bee brought from
thence to any port in England of ffrance,
(payeing freight for that his Tobacco)
ought to have his passage free in the
same ⁁ without payeing any thinge for
shipp
the same, And this hee this examinate (having
bin 4 or 5 tymes at Saint Christophers)
hath seene of serve in divers shippes,
At aliter nescit./
~~~
HCA 13/55 f.17v Annotate

Ad quintum affirmat That hee knoweth
very one of the partye arte did and Tobacco
containe but
27
the said
many laded hee cannot
money
de
The
hee
depon
have
said shippe
heard Brimble the in
say, That by aggree betweene his
said Chantry hee was togree with the
shippe to Cardone, and there to stay
ye dayes or take in there 8 nyne
thousand weight of Tobacco, & that ye
shoulde stay there any longer that the &
and Chantry should pay him, and thousand
Weight of Tobacco for every dayes being
after the said see dayes
tertium affirmat That the said Channtry
did proceede at are looke aforesaid
quantity of Tobacco of eight thousand
et or thereabouts as hee guessed
de
to bee transported in the said
that Tobacco as hee
ptie
was werth in Spaine the ffrance
he heard
fower poundes in hundred
said Charter parties
none but
said
with the said Tobacco die
thither with
to
soe
amayne to take
wise them
he would
&
the
the Tobacco, and they said
the
to bee true
in the
heere the said depon
were ut nescit
Dre Cler is
the
That by the
at
a
a
1
Brimble and lockelled not goe out
shipp the Thome
2
Tobaccoes from Great
restored
for some from thence to
as
at
to to
at
Christophers to the Thames in
at Barcke returned with
~~~
HCA 13/55 f.18r Annotate

18

to Saint Christophers the The said lockier and
Brimble brought the said shippe the
Thomazine from thesce and that meanes
the said Tobaccoes were lefte behinde
And this hee affirmeth to bee true
who was privy to all the premisses,
Al aliter nescit /

Ad nonum affirmat That the said Chantry
did aggree to give a thousand weight of
Tobacco to the said Barcke to fetch the
Tobacco aforesaid from Gardaloope to
Saint Christophers, and that the said wt
of Tobacco hee beleeveth hee lofte
by the meanes of leaveing the sayd
Tobacco behinde as aforesaid Al aliter
nescit

Ad decimum affirmat That the said Chauntry
had in grea quantity (as hee guesseth of
about 5 or sixe thousand weight of Tobacco
which hee woulde have laded aboard the
aid shippe the Thomazine but the said
shippe coulde take in noe more, having
before taken in some Tobaccoes for
Englishe passingers that were not of
Chantryes Company, and therefore
the said Chantryes Tobacco aforesaid
was there lefte behinde, And this
hee affirmeth uppon his oath to bee
true who was one of the laste that
came abord the said shippe at Saint
a forth
Christophers and since that the said
Chantryes Tobacco ⁁ was there lefte
behinde as hee hath before declared
At aliter nescit

Ad undecimum affirmat That within the tyme arte
whilst the articulate shipp the Thomazine stayed
at Saint Christophers, the articulate Chantry
and others his underladers did there lade
aboard that shippe as appeared by
Chantryes accompte which hee hath
seen 1468 Tolls of Tobacco and this examinate
who did helpe to lade the same beleeveth
~~~
HCA 13/55 f.18v Annotate

that there coulde not bee lesse thereof
which Tobaccoes did belonge to the said
Chantry and his partners and the passingers
in the said shippe, and those Tobaccoes
at the tyme of the ladeing thereof were
good Tobaccoes and well condiconed, and hee
heard Brimble and lockier say that
they were bounde therewith to Deipe
Haver de grace or Saint Malloes, And this
hee affirmeth uppon his oath to
bee true At aliter nescit./

Ad duodecimum affirmat That in the returne
of the said shippe the Thomazine from Saint
Christophers the said voyage shee put
into Weymouth in England, and there shee
stayed to take in Captaine Jonas Dennis
seaven or eight dayes and in that tyme
Captaine Channtry sent often a shoare
for the said Dennis to come aboard
when the winde was faire but hee
woulde not, And this hee affirmeth
uppon his oath to bee true who continued
all this tyme in the said shippe, At
aliter nescit./

Ad tertio decimum. 14 quintodecimum. 16. 17. 18. 19. et vicesimum
affirmat That the said
shippe the Thomazine shee had not
put into Weymouth might as hee
beleeveth have arrived at Diepe in
ffrannce as soone as shee did arrive
at Weymouth, and afterwards shee did arrive
in the ro roade of Diepe with the
said Tobaccoes as other shippes did
and as neere as conveniently shee coulde
to the Towne of Diepe, and after her
arrivall there the said Chantry
went there on shoare, and was there
arrested (as hee hath heard) by the
passingers because the said shippe did
not come to the Key there and deliver their
Tobaccoes, and in truth shee was not brought
soe neere to Diepe as shee might but
was anchored in the roade there as afores
~~~
HCA 13/55 f.19r Annotate

19

that meanes there was a Barcke
fetcht to come come aboard the said shippe to
fetch the said Tobaccoes a shoare out of
and yer
her at Diepe ⁁ which cost (as hee hearde
eight poundes for the freight of that
Barcke, and that Barcke came to the
said shippe the Thomazine in the roade
of Diepe aforesaid and lay ready by
her side to take in the said Tobacco
but the said Dennis refused to deliver
any Tobaccoes unto that Bancke
sayeing that hee woulde deliver none
untill Channtry himselfe came
aboard the said shippe, and afterwardes
whilest the said Barcke remained abord
the said shippe in the roade of Diepe
Channtry himself came aboard her
and spake to the said Dennis in this
examinats heareing to deliver the
passingers Tobaccoes into the said
Barcke, but the said Dennis refused soe
to doe and sett saile and brought away
the said shippe and Tobaccoes and Channtry
and this examinate and some other passingers
backe to Weymouth, And this hee
affirmeth uppon his oath to bee true
who all the tymes remained aboard
the said shippe, Al aliter qua prius
nescit

Ad 21 et vicesimum secundum affirmat That when the
Company of the said shippe the Thommazine
had weighed anchor in the roade of
Diepe, they imediately hoisted all their
sailes without acquainting the said
Channtry therewith which they
intended to carry the said shippe, and then
Channtry perceiveing that they intended
to carry away the said shippe offered to
have cast himself into a shallopp and
to have gotten out of the said shippe
but was hindred from soe doeing by
~~~
HCA 13/55 f.19v Annotate

Brimble and two others of his Company
and contrary to his will hee the said
Channtry was by force brought in the
said shipp into England into the
port of Weymouth about three moneths
since, and the said shippe and goods
are still detained from the said
Channtry, as hee hath heard, And
this hee affirmeth uppon his oath to
bee true, who was alsoe brought
from Deppe in the said shippe backe
to Weymouth contrary to his will
At aliter nescit./

Ad vicesimum tertium affirmat That the said Channtry
uppon the said shippes returne againe to
Weymouth made complainte to the aior of
that place against the said Brimble and
Lockier and caused them to bee convented
before that Maior, and uppon heareing of
the matter yt appeared by the confession
of the said Brimble and lockier that by
aggreement made betweene them and the
said Channtry at Saint Christophers, they
the said Brimble and lockier were to
transport the Tobaccoes in the said shippe
directly to the port of Deepe in ffrannce
and that the said shippe was brought backe
from Diepe to Weymouth againe contrary
to the will of the said Channtry becauser
Brimble and lockier thought the said harbor
to bee unsafe for her to dischardge her
ladeinge, and they the said Dennis, Brimble and
Lockier proffered and protested before the
said Maior to carry backe the said Tobaccoes
to the port of Diepe at their owne chardges
And this hee affirmeth uppon his oath
to bee true, who was speakeing Englishe and
ffrench was the said Chantryes
Interpreter before the said Maior at the
heareing aforesaid At aliter nescit./

Ad vicesimum quartum nescit redere

Ad vicesimum quintum affirmat That the said Channtry
soulde unto the said Brimble at Saint
~~~
HCA 13/55 f.20r Annotate

20

Christophers aggree anch or and Cable and
sixe Oares, At aliter nescit./

Ad vicesimum affirmat That the said Channtry
by reason of the not delivery of the said
Tobaccoes at Diepe hath sustained a very
hee cannott
great damage, but how much
estimate. At aliter nescit./

Ad secundum affirmat That the said Channtry
in this examts heareing often required and
intreated the said Brimble to carry the
said Tobaccoes to ffrannce accordinge to
the proffe aforesaid before the
Maior of Weymouth and to that and
stayed three weekes or a moneth at
Weymouth expecting to have those
goods carried to ffrannce accordinge to the
Brie said
said Beerin proffer but
and delayed soe to doe, At aliter nescit/

Super reliquis non examinate

Ad interrate./

Ad primum respondet That hee cameth to testifie in
this cause at the intreaty of the said Captaine
Channtry and of Peter Denny, and one Mons
La Gorse two of Channtryes Merchant
and favoureth the parties indifferently, and
would give the victory to him that hath most
right to yt, At aliter respondet negae./
and beleeveth

Ad secundum respondet negative/
that hee hath heard that yt

Ad pre.
was aggreed betweene the party said Chantry
ff, and the said Brimble and locke, that
Channtry shoulde lade aboard the said shipp
one hundred thousand with of Tobacco, or
other quantity as shee coulde take in at
that Christophers within three weekes, At
aliter qua prius nescit./
reced in the
Brimble sua.
ristophers about
being that the said shippe and
in this rendents
Chantryed the Tobacco aforesaid at Saint and
aggreed with five weekes, and yt was the fault of
in the the or the
tyme that thence being the said That the for
T
were the
then her being
Savingers
the
~~~
HCA 13/55 f.20v Annotate

soe
aboutes aboard
Chantryes
hee was forced to freight a shallopps
fetch his Tobaccoes aboard the said shippe
at Saint Christophers, At aliter nescit./

Ad sextum respondet, That hee did come in the said
shipp from Saint Christophers to Diepe roade, but
was one of the tenn that were by Brimbles
confession to have their passage freight
free, and the said shippe arrived in the
roade of Diepe with the said Channtryes
Tobaccoes in her, and there were nyne or
tenn passingers landed out of her, At
aliter nescit

Ad nonum nescit respondere, Saveing that after
the arrivall of the said shipp at Diepe the
said Dennis and lother went on shoare there

Ad octavum respondet That the shipp interrogate after
her arrivall in Diepe roade stayed there two
dayes and a halfe, and this respondent was
aboard her, there all that tyme, and there
came onely one but Barcke aboard that
shippe there to demannd the said
Channtryes Tobaccoes, At aliter nescit./
nonum respondet That yt was aggreed betweene
the said Chantry and Dennis that Dennis
shoulde procure a warrant to unlade
the Tobacco aforesaid into a lesse
shippe therein to carry the same to
ffrannce againe and the said Deanes
but because denied not shippe the
goods into a lesser shipp and carry
there for ffrannce, according to the
said agreemt the said Channtry
caused the said shippe and goods
bee arrested, At aliter nescit./

Ad decimum respondet That hee beleeveth that but
a small part of the Tobaccoes interrogate
did belonge unto Chantry at the then
of the ladeing thereof at Saint Christopp
but that a great part thereof did being
to divers other persons besides Chantry
At aliter nescit./

Ad undecimum respondet That Channtry after hee
a
1s

Ad
~~~
HCA 13/55 f.21r Annotate

21

piere lecuram
returned aboard the said shippe at Diepe did
say that hee had bin arrested ashoare at there
At aliter nescit./

Ad duodecimum respondet nega./
----
23o Aprilis 1639./

Henley et alij contra.a bona in
nave the Love et contra van
Barly p interra

1s

Henlye

Georgius Baker parochia Sancta Margareta
Lothberry London Mercator annos agens
38 aut eo cirrx testis se dicit quod Henly

Ad primum articulum alluis ex parte Henly et Phillipps
in hac parte datus oblat dicit et deponit That this
examinate lived at Naples as a ffactor by the
space of three yeares and a halfe and came from
thence in October last was two yeares, and
whilst hee soe lived at Naples hee received
divers Letters from the articulate John van Barly
from Barry in the Kingdome of Naples and
wrott divers Letters to him againe, and therby
understood him to bee a ffleminge, and since
that tyme hee once mett the said John
van Barly in London and hee tolde this
examinate that hee was a ffleming borne
amd that hee was goeing to Amsterdam, and
afterwardes this examinate received a letter
from the said van Barly dated from
Amsterdam the 12th of August 1638
importing that hee was there in treaty
with some others to ioyne a stocke to
trade to Gallipoly and Barry, and Amsterdam
and that in either of those places this
examinate might freely comannde him, but
whether hee be a naturall subiecte to the
States of the United Provinces or not
this examinate knoweth not, And this hee
affirmeth uppon his oath to bee true
At aliter nescit/

Ad secundum nescite deponere:/

Ad tertium nescit deponere aliter qua prius:/

Ad quartum nescit deponere:/

Ad quintum nescit deponere aliter qua prius
Saveing that John Barly by his letter
aforesaid written to this examinate from
Amsterdam did signifie to him that hee
was in treaty with his frendes of Amsterdam
to ioyne in stocke togeather and to put upp
a house in Gallipoly to trade and as they
had donn formerly in Barry

George Baker [SIGNATURE, RH SIDE]

~~~
HCA 13/55 f.21v Annotate

Ad sextum nescit deponere./
----
23º Aprilis 1639:/

Henly et alj cona
Therry

1s

Henly

Matheus Coachman de Wapping in Comitatu
Middlesex nauta annos agens 27 aut eo circiter
testis etcetera/

Ad primum articulum alluis ex parte Henly et Phillipps
in hac parte datus et oblatus nescit deponere,
Saveing that when this examinate beeing master
of the shippe the Desire that tooke the
arte shippe the Love first haled the
arte shippe the Love the master of her
made answere that shee was of Amsterdam
and came from Gallipoly, and was bounde
for Amsterdam, And this hee affirmeth
uppon his oath to bee true, At aliter
nescit./

Ad secundum affirmat That the articulate shippe the
Love is a dutch built shipp as appeareth
by her forme of buildinge, And this hee
affirmeth to bee true, At aliter nescit

Ad tertium quartum quintum et sextum nescit deponere.

Ad septimum affirmat That the master of the said
shipp the Love after this examinate had taken
her did confesse to him this examinate that
part of the goods taken in her did belonge
to him and his owners, and the rest to
other Merchants not nameing of
whence they were, And this hee
affirmeth uppon his oath to bee
true, At aliter nescit./

Ad octavum nonum decimum 11. et duodecimum nescit deponere./

Mathew Couchman [SIGNATURE, RH SIDE]
----
30º Aprilis 1639

1s

deb:

Painter

John Painter of the parish of Saint Margaret
Lothberry London Merchant aged 39 yeares or
therabouts sworne before the worshipfull William
Sanes Doctor of Law Surrogate to the rte
worshipfull Sir Henry Marten Sir Judge of
his Majestyes highe Court of the Admiralty
sayeth and deposeth uppon his oath,

That
fifteene baggs of Orchhill marcked with
the marcke in the Margent hereof
stayed amongst other goods in the shippe
the James of Karcadia in
Scotland (whereof ffrancis Hogge is Master)

JOP
~~~
HCA 13/55 f.22r Annotate

22

doe properly belonge to this examinate beeing
a naturall Englishman, and a subiecte to the
Kinge of England, and were laden for his
accompte in Ireland as by his bill
of ladeing and letter advise from his
ffactor there may appeare, And this hee
affirmeth uppon his oath to bee tree

John Paynter [SIGNATURE, RH SIDE]
----
30º Aprilis 1639

Johannes SK Skinner de Whitechappell als Matsellon
London nauta annos agens 30º aut eo circiter testis in hac parte
productus, iuratus, et examinatus dicit quod partem p
qua producitur ex visu tantu novit sed partem contra quam
producitur non novit ut dicit /

Sharpulls contra
Mallocke Smith
Yeo

2us./

debt Yeo

Ad primum secundum et reliquos articulos alluis ex parte Mallocke in
hac parte datus et oblatus dicit et deponit, That in or aboute the
moneth of January laste paste was twelve monethes tempus
aliter non recolit The shippe called a certaine shippe
(her name hee remembreth not) whereof one Stafford was
master comeinge throughe the narrowe aboute 4 miles from
the Gore towards this porte of London a small vessell of the
her name hee remembreth not, of the burthen of aboute
afsoe comeinge up for this porte of London puttinge her to stayes
nynety ⁁ tonnes came foule of the said Staffordes shippe
sixty
and the anchor of Staffords shippe takeinge hold of the
Rudder of the said small vessell the said Stafford and
Company were fainte for safeguard aswell of theire owne
shippe as the said vessell to cutt theire Cable and leave
the anchor in the said vessell, and the said vessell hee saieth
mighte if her master and Company had soe pleased and
endeavoured easily have gone cleere of the said Staffords
shippe, shee beinge but small and not draweinge above eighte
or nyne foote water at the moste, and the said Staffordes
shippe beinge a bigger, and greater shippe and draweinge at the
leaste 14 foote water, and the water in that place beinge not
howe greate
very deepe, but what ⁁ damage happened to either of the said
shippes hee knoweth not but saieth that the said small
vessell was xxxx and as hee hath heard was repaired of
as hee hath heard
the damage which shee sustained by comeinge foule of the
at
said Staffords shippe for 5 li or neere thereaboutes, and ⁁ the
tyme of the damage aforesaid the weather was tempestuous
and the said vessell was old and there was as hee hath alsoe
heard noe pilott aboard her the tyme aforesaid but the said
Stafford had an able and sufficient pilott aboard as hee ax hath
alsoe heard the prmisses hee well knoweth to bee true for that
hee this examinate was xx in another shippe then in company of
the said Staffordes and alsoe bounde for London and an eie
witnes to the prmisses At aliter nescit deponere ut dicit./
~~~
HCA 13/55 f.22v Annotate

Idem ad Interrogatoria [CENTRE HEADING]

Ad primum respondet that
examinate being
and knoweinge the it quante
with the said foresaid Staffore was requested by the said
Stafford to come and depose the truth in this
knewe could
behalfe soe farr as hee knoweth and remember, but and
saieth that wisheth the victory to him that hath moste
righte thereunto et aliter pro parte sua reddet negative

Ad secundum non concernt have rendente et aliter p parte sundet
negative./

Ad 3 nescit respondere./

Ad quartum respondet That there were divers shippes in
Company togeather when the said damage interrogate and
videlicet the Phillipp the Lady, and the Elsabeth and Buster flye all London
happened but the names of all when hee remembreth
not Al aliter nescit saveinge hee saieth that ⁁ the place
where the damage interrogate happened to the said small
vessell as before hee hath deposed was the water was
very shallowe and in case the said Staffords shippe had
in
bore upp hee had bore uppon the handes and will
have loste his shippe and goodes, and the said small vessell
crossinge before the said Staffords shippe, came to stayes
and fell foule of her, but beinge a lighter shipp then
the said Stafford was and not draweinge soe much water
mighte as hee this examinate conceiveth have skinnes
the said Staffordes shippe and not have come foule of her
as shee did but gone cleere of her in case her master and
Company had used meanes accordingly

Ad quintum respondet That an anchor belongeinge to the said
Staffordes shippe broake the storme past and rudder
of the said small vessell, and worste all her Company
save twoe supposeinge as hee conceiveth the said vessell
would have suncke and perished leaped into the said
Staffordes shippe. At aliter nescit./

Ad sextum refert se ad predepoita et aliter nescit de respondere./

Ad septium respondet that at such tyme as the damage in question
happened the said Staffords shippe in the place where the
said damage was donne had not steeridge was enough
without hassardinge both shippe and goods of comeinge
grounde uppon the sandes, but the other vessell to whom
which the said damage was done mighte of her master
and company had endeavoured the same as before hee hath
deposed have gone cleare of the said Staffordes shippe and
have received noe damage at all

John Skinner [SIGNATURE, RH SIDE]
~~~
HCA 13/55 f.23r Annotate

23

dicto die

Mallocke

5

Phenix Tiler de Ratcliffe in Comitatu Middlesex nauta
annos agens 37 aut eo circiter testis in hac parte productus
iuratus et examinatus dicit quod Mallocke partem
producentem ex visutant novit et non aliter sed ptem contra
quam producitur non novit ut dicit/

ad primum secundu et reliquos articulos alluis ex parte audn
Mallocke in hac parte datus et admissa dicit et deponit That
aboute the beginginge of ffebruary laste was twelve moneths
the articulate shippe the Endeavor of which the arlate Stafforde
was Master, laden as with Spanishe wynes and other goodes and another
small vessell of the burthen of aboute seaventy tonnes laden
with french wynes comeinge throughe the narrowe betweene
the bouy of the Spaniard, and the bouy of the laste Searne
the said small vessell bein towards this porte of London the
said small vessell beinge standinge a longste before the
with the wynde at Southweste bef a heade of the said
shippe the Endeavor haveinge the weather gage of him
in the roade way
the Endeavor lay shxxxxd Shiveringe in the wynde, the
Endeavor have xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx avoyd
and by that meanes
xxxxxxxxxxx the said small vessell the said vessell backinge a
sterne haveinge noe waye did come foule of the Endeavor
and the Endeavors anchor catchinge hold of her quarters
toren away some of the said small vessells quarter which
was the occasion of the losse of her rudder, and they in the
Endeavor to free and cleere theire shippe and for safegard of
to
both shippes and goodes and mens lives were fainte ⁁ and did
cut theire Cable and leave theire anchor hunge in the
said vessell, and hee saieth that at such tyme and in the
place where the damage in question happened to the said
small vessell the Endeavor could by noe wayes or possible
meanes escape the said or got cleere of the said vessell
without the hassard both of shippe and goodes in comeinge
grounde, Al aliter pro parte sua nescit saveinge hee saieth that
there were divers other shippes in Company of the said shippe
the Endeavor the tyme aforesaid and as hee hath heard the said
shippe the Endeavor had a pilott aboard, but the said small
vessell (as hee heard) had none and that the damage
which happned to her came by her master and companyes
negligence and carlesnes and not by any faulte at all in the
said Stafford or his Company for that the said vessell vessell
mighte have gone cleere of the said Staffordes shippes of her
Company in tyme had used meanes accordingly thing xxxxxx
Idem ad Interrogatoria./
ad primum respondet That hee this rendente (beinge (as yet it did xxx)
the foresaid Stafford
And the said Vessell is old and the weather was foule and
hee knoweth to bee
tempestuous and all and singular the foresaid prEimisses
(hee
~~~
HCA 13/55 f.23v Annotate

hee knoweth to bee true for that hee this examinate was
master of the shippe the Lady of London then in
Company with the said Stafford and an eye witnes to the
premisses./

Idem ad Interrogatoria./

Ad primum respondet That hee beinge acquainted with
the foresaid Stafford was brought by the said Stafforde
to the party producent whoe desired him to come and
deliver the truth accordinge to his knowledge in this busines
and hee favoureth the parties litigante indifferently and
wisheth the victory to him that hath righte thereunto. At
negative./

Ad secundum pro parte sua respondet negative./

Ad tertium non concernet respondet quam non concenat huir
rendentem./

Ad quartum refert se ad predepoita et aliter nescit saveinge
hee saieth that there were divers other shippes in
Company togeather the tyme aforesaid amongste which his
this rendents shippe called the Lady to was one./

Ad quintum nescit respondere aliter quam prius./

Ad sextum respondet That hee hath heard that the damage
by the said small vessell sustained as aforesaid did coste
amendinge five poundes sterlinge or neere there aboutes
and hee beleeveth five poundes would have made goode
the said damage done to the said Vessell but what damage
what damage was done to her the goodes in the said Vessell
hee knoweth not neither doth hee knowe of any damage
which happened to the goodes in the said Vessell

Ad septimum refert se ad predepoita et aliter nescit de respondere
ut dicit./

The said marcke of T Tyler/
Phenix
----
3º Maij 1639

Mallocke

4us

Thomas Mullenex of de Rederiffe in Comitatu Surria nauta
annos agens 24 aut eo circiter testis in hac parte productus
juratus et examinatus dicit et deponit quod Mallocke ptem
pro qua producitur per spatiu duocu annorum aut eo circiter novit
ut dicit, sed partem contra quam producitur non novit et dicit /

Ad primum secundu et reliquos articulos alluis ex parte anda Mallocke
in hac parte datus et admissa dicit et deponit That in January laste
was twelve monethes tempus aliter non recolit The articulate shippe
the Endeavor and the Eagle the one laden with Spanishe wynes and
the other with ffrench comeinge over the Narrowe togeather in
towards this porte of London
Company of divers other shippes in the Eagle saileinge before the
after shee had tackt
said shippe the Endeavor and tac tackinge aboute to the weather shoare
a
~~~
HCA 13/55 f.24r Annotate

24

and tackinge aboute againe, and not lettinge of her foresaile lye a
backe stayes, but fellinge of her sailes againe came foule of the
said shippe the Endeavor and is by that meanes dampnified whereas shee might otherwise (if her master
and Company had soe pleased and endeavoured) gone cleere of
the said shippe the Endeavor or at leaste a have letten her fore saile
layen a backe stayes without any dannger at all untill the Endeavor had bine paste her
the said shippe the Eagle beinge but a small shippe and draweinge
not above eighte foote water at moste, and the Endeavor
beinge a greate shippe and draweinge at leaste thirteene foote
water and the water in that place where the said
shippe the Eagle came foule of the Endeavor beinge but shallowe
soe that in case the Endeavor had stired never soe little out of the
way either to the one side or the other shee might
have come a grounde and shee and her ladeinge have perished and bine loste in the
sea, but wheather the Eagle had any Pilott aboard at the tyme
of the damage articulate hee knoweth not but saieth the to his knowledge
the Endeavor had a Pilott aboard, and the dammage which happned
to the said shippe the Eagle aforesaid hee saith hee belyveth
could not bee valued at
above five poundes at the moste for ought that hee this examinate
could perceive whoe sawe the said dammage both before and since
it was repaired, At aliter nescit saveinge hee saieth that the
Eagle is an old fflemishe
vessell and did some damage to the shippe the Endeavor in
leareinge away her Anchor from her Bowe and carrieinge the
same away, and saveinge hee saieth that at such tyme as
the said shippe the Eagle came foule of ye Endeavor as aforesaid the weather was
foule and tempestuous, and the Endeavor was forced to cutt
her Cable to which the foresaid Anchor was fastened to gett cleere
of the Eagle which would otherwise have bine a meanes to have cast
both shippes away. And this hee saieth is true whoe was an eye
witnes of the premisses./

Idem ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That one Stafford whoe was master of the shippe
the Endeavor the tyme aforesaid knoweinge him this respondent to
bee an eye witnes of what hee hath formerly deposed desired him
to come and testifie the truth in this cause and since that hee hath
bine requested by the foresaid Mallocke the partie for whome hee was
sworne to doe the like, and in respecte of his oath hee favoreth the parties
litigante indifferently and wisheth that righte may take place
At aliter negative./

Ad secundum respondet pro parte sua negative./

Ad tertium non examinatur qui non concerant [?huioi] [?rendentens]

(Ad quartum
~~~
HCA 13/55 f.24v Annotate

Ad quartum respondet that there were divers shippes then in Company
of the said shippe the Endeavor and the Eagle at such tyme
as the damage aforesaid happened, but hee saieth there were
none of those shippes soe neere the Endeavor and the Eagle all
the shippe the Phillippe of which hee this examinate rendente
was Master, and the shippe the Lady of London
whereof one Tyler was master, and the shippe the Elsabeth
of which one Harward was master, but the names of the lesse
shippe hee remembreth
hee knoweth not. At aliter quam in deponibus ss continetur nescit /

Ad quintum respondet That one of the Blakes flookes of an anchor
belonginge to the Endeavor which lay uppon her bowe did the
tyme aforesaid splitt the sterne paste of the Eagle and some
of the Eagles company did leape into the Endeavor the tyme
aforesaid hee but for what cause hee knoweth not Al aliter pro parte sua.
nescit /
sextum

Ad refert se ad predepoita et aliter nescit /

Ad septimum refert se ad predepoita et aliter nescit respondere ut dicit/

Thomas William [SIGNATURE, RH SIDE]
----
dicto die./

5us Mallocke

Johannes Chapman de Wappinge in comitatu Middlesex
nauta annos 40 aut eo circiter testis in hac parte productus
Mallocke ptem producenter ex vit per sea die et amplius novit ut dicit sed
iuratus et examinatus dicit quod par quam
now
xxx ptem contra quam producitur novit ut dicit
ad primum secundu et reliquos articulos alluis ex parte pts
producentis in hac parte datus et admissa dicit et deponit

December or January laste was twelve monethes tempus aliter non recolitt in
the shippe the Endeavor (whereof one Stafforde was master
and a fflemishe Pincke or vessell of the burthen of aboute sixty
tonnes comeinge from the Gore togeater throwe the narrowe
towards this porte of London the saileinge said fflemishe vessell
saileinge before a head of the Endeavor the wynde beinge stante
and the said Vessell a little to windeward of the Endeavor, and uppon
close by the heade of the said tackinge short aboute and
come suddenly to stayes un be knowne to the Company of the
Endeavor as hee this examinate beleeveth came fowle of the
Endeavor and was damnified by the Endeavor, but hee saieth the
said fflemishe Vessell or Puncke draweinge but little water
mighte easily and without dannger have gone to Leward
of the boye and not have tacked aboute as shee did and soe
have gone cleere of the said shippe the Endeavor, but the
Endeavor beinge a greate vessell and draweinge much water and
the water beinge shallowe, and the said shippe neere the said the
could not stirr out of the way shee was in the wynde beinge
att South Weste and by South and bloweinge hard without from
hassard and dannger of neers beinge caste away, and an anch
At aliter nescit ut dicit saveinge hee saieth That the said fflemishe
vessell is an old vessell as hee this ext conceiveth, and an anchor
soe
~~~
HCA 13/55 f.25r Annotate

25

belonginge tothe Endeavor which lay uppon her bowe takeinge hold
of the fflemishe vessells quarter stroake off her rudder from her sterne and
did a little splitt her sterne poste, but all the dammage which shee
sustained the tyme aforesaid could not in this examinates
judgement whoe was passinge by the said vessell after sheewas
dampnified and sawe the same could not amounte unto above five or six
poundes at moste, and saveinge hee further saieth that the
weather was tempestuous when the foresaid damage happned to the
said fflemishe vessell, and they in the Endeavor were forced
to cut theire Cable to which the Anchor which tooke hold of the
fflemishe vessells quarter was fastened to gett cleere and free of the Eagle
otherwise they might both shippes have perished in the sea and
the Endeavor hee saieth had a Pilott aboard the tyme aforesaid
but the fflemishe vessell as hee hath heard had none, And this
hee affirmeth to bee true for that hee this examinate was Masters Mate
of a shippe called the Elsabeth of Alburrowe them in Company
of the foresaid shippes and an eye witnes of the premisses./

Idem ad Interrogatoria

Ad primia respondet That master Stafforde the master of the said
shippe the Endeavor first entreated him this rendente knowinge
him this rendente to bee acquainted with the busines to come to
therein
testifie the truth his knowledge in her busines in question and
since hee hath bine requested thereunto by the party for whome
hee is produced as hee taketh him to bee and in respecte of his
eath hee favoureth the parties indiffe litigante indifferently and
wisheth righte may take place, Al aliter negative./

Ad secundum respondet negative./

Ad tertiu non examinatur qua non concernt huis rendente

Ad quartum respondet That there was the Elsabeth of Alborough John
Harward master, the Ladyes Adventure one Tayler master)
Phillippe one Mallewch master, and a shippe whereof one
Simon Micholl was master) and divers other shippes theire
names hee knoweth not then in Company of the two shippes
aforesaid the Endeavor and the fflemishe vessell aforesaid at the
tyme of the damage interrogate Al aliter referendo se ad predepoita
nescit respondere pro parte sua.

Ad quintum respondet some of the Company of the said fflemishe
Vessell aforesaid the tyme aforesaid (beinge as this examinate
conceiveth affrande leaste theire vessell had bine foundred gott
aboard the Endeavor Al aliter referend se ad predepoita nescit
et scientia sua nescit respondere save but saieth hee hath heard
that the master of the Endeavor sent the men which came aboard
his shippe aforesaid aboard the said Vessell againe as soone as
possible hee could./
~~~
HCA 13/55 f.25v Annotate
Ad sextum refert se ad predepoita et aliter nescit /

Ad septimum refert se ad predepoita et aliter pro parte sua
nescit respondere ut dicit /

John Chapman [SIGNATURE, RH SIDE]
----
7º Maij 1639

Pro magro
Johe Jackson

1us

Rs. E. B

Michael Cox of the parishe of Saint Mary Magdelines
Bemonsye in the Burroughe of Southwarrke tallowe Chaundler
aged aboute 28 yeares sworne before the worshipfull John Exton
Surrogate to the righte worshipfull Sir Henry Marten knighte Judge of his
Doctor of Lawe
Majesties highe Courte of the Admiralty beinge examined saieth and
deposeth as followeth videlicet

That aboute the Middle of January laste
Pinnace
paste to his beste remembrance whileste his Majesties shippe called
the Greyhounde of which one Abrahium Wheeler is Captaine
rode at anchor before Duncquercke and in the Downes there happened exceedinge fowle
weather, and tempestious weather in soe much that the said Pinnace
loste twoe Cables and anchors and had much to doe to escape sinckinge
and in that stormy and foule weather the said Pinnace sprunge
a leake betweene wynde and water, and water gott into her
breade roome, and spoyled a greate deale of ⁁ biskett in the said
of biskett
roome, and hee this examinate sawe five or six baggs of aboute a hundred
weighte a peece as hee guesseth thxxxxxxx quite spoilte and not fitt
for man or beste and hee heard that there was a greate deale
more spoiled by water which throughe the violence of the weather
came into the said Pinnace before hee this examinate came to bee Steward
of the said his place, And this hee affirmeth uppon his oath to bee true
whoe was shewne did supply the Stewards place of the said Pinnace
by the space of three moneths and was in her both before and after
the said foule weather happened, and further hee saieth that there
was delivered aboard the said Pinnace whileste shee was in the Downes
which came from this shippe the Saint Andrewe
aforesaid at severall tymes aboute twenty tonnes of beere ⁁ one butt
whereof was leaked out before it was received aboard the said Pinnace
in the boate which broughte it and the reste ⁁ for the moste parte
of the butts
wanted some fower, some five, and some say or eighte inches
a peece, which hee knoweth to bee true for that hee this examinate did
gage moste parte of the said butts of beere

Mihill Cox [SIGNATURE, RH SIDE]
----
dicto die

3us

Rs. E. B

Stephen Willinge of Plymouth in the County of Devon
marriner aged aboute 47 ⁁ sworne and examined as aforesaid./
yeares
saieth and deposeth

That ⁁ hee this examinate did see a greate deale
since Christmas laste
of biskett throwe over board out of the said his Majesties Pinnace
called the Greyhounde of which one Abraham Wheeler was then
Captaine, which was biskett hee saieth was mouldy and rotten but howe
or by what meanes the same came to bee soe hee knoweth not, and
further hee saieth that by reason of foule weather which happened
there was twoe butts of beere staved and a greate deale of leakinge
in the rese of the beere aboard the said Pinnace the voyage in question
and to his beste remembrance there were tenn butts of beere sent from
Sir John Penn his Majesties shippe the Saint Andrewe of which Sir John Pennington
(was
~~~
HCA 13/55 f.26r Annotate

26

2us

Rs. E. B.

was Comander to the said Pinnace one butt whereof hee saieth was
staved in the said by the boate which broughte the said beere to the
the cases
said Pinnace, which hee knoweth to bee true for that hee this examinate was
one of the Company
of the said Pinnace the voyage in question and
sawe when the foresaid butt of bene which was stored was the beere
was stopped out of the said boate and threwen into the sea

Stephen Waring [SIGNATURE, RH SIDE]
----
8o Maij 1639

Roberte Allen of the parishe of Saint Michell Bassishare
London merchante aged about 55 or or thereabouts sworne and
examined saieth before the worshipfull William Sames Doctor of
Lawes Surrogate to the rte worshipfull Sir Henry Marten knighte Judge of
his Majesties highe Courte of the Admiralty of England beinge examined
saieth and deposeth

That yesterd, hee this examinate received a letter
from his ffactor John Tarbett dated the 29 of at Cuadia
Scotland the 29th of March laste paste wherein the said ffactor
doth aduse him this examinate that hee had laden aboard the shippe
Collenes
called the of one John Callewes of Carradia aforesaid called by
the Josephe for the accounte and about of him this examinate tenn
packs of yarne containeinge twenty nyne hundred and twenty
spindles of yeare to bee transported in the said shippe from Cardo
aforesaid to this porte of London and here to bee delivered to him this
examinate or his assigne And hee saieth that the said ffactor did chardge
bills of Exchange uppon him this examinate for the said yearne an
which bills of exchange hee this examinate hath really satisfied and
payd soe that the said yearne doth really and bona fide
belonge and appertaine unto him this examinate whoe is an Englishe
man borne and ⁁ true and loyall subiecte to his Majesties and noe
man by vertue of his oath hath any intereste with him in the said
yearne And this hee affirmeth uppon his oath to bee true. And the said
yeare is nowe under detencon in the said shippe in the River of
Thames

R Robert in
d
----
Samuel Mico of the parishe of Saint Stephens Wilbrooke London
merchante aged aboute 31 yeares sworne before the worshipfull William
Sames Doctor of Lawes Surrogate to the rte worshipfull Sir Henry
Martyn knighte Judge of his Majesties highe Courte of the Admiralty beinge
examined saieth and deposeth That fowerscore and six burrs
of Spanish Platin Jo from broughte to this porte of London
in the shippe called the Marth of hith in Scotland of which
Roberte Hernott is Master and noe under detencon in the River of
Thames doe solely and properly belonge and appertaine unto
had this examinate and his partner James Pipper of Weymouth in the
County of Dorsett hante whoe are both Englishmen borne and
true
~~~
HCA 13/55 f.26v Annotate

and sonall subiects to his Majesties, And noe Scottishman hee saieth
by vertue of his oath hath any intereste in the said iron And
this hee affirmeth uppon his oath to bee true
d amuell contra
A
----
8º Maij 1639

ffowler contra
Patlington
Allen Budd

1s

Rs. E. B

francis Bristowe de Water in Comitatu Hardforde
mercator annos 37 aut eo circiter testis in hac parte producent
iuratus, et examinatus dicit et deponit quod ptem prequa
producitur non novit ut dicit sed Isaac Witting part
contra quam producitur a mense Marty Anno 1637 stilo Anglia
novit ut dicit./

Ad septium octavum nonum et decimum respective posicones alluis ex parte and ffort
in hac causa datus et admissa dicit et deponit That aboute the
latter end of March last was twelve monethes tempus aliter non
recolit The articulate shippe the Truelove of London, Isaacke
Watlington master) laden with Virginia Tobaccoe arrived at
Rotterdam in Holland and aboute eighte or tenn dayes after
the arrivall of the said shippe at Rotterdam aforesaid and after all
or moste parte of the Tobaccoe in her was landed there one Thomas
White the ffactor or Assigne (as hee said hee was of one
ffrancis ffowler the ptie producent in the presence of him this
examinate demannded of the said Watlington eighte hogsheades
of Virginia Tobaccoe which hee said were laden aboard his
at Virginia
shippe the Truelove for the accounte of the said ffowler and
consigned to bee delivered here at this porte of London to him the
and offered to pay all this due for the same and master Sanders the merchante of the said shippe
said White, ⁁ but the said Watlington ⁁ told the said White that the
had compounded with all the reste that had Tobaccoe in the said
what
shippe for to give them six pence a pounde for all they
Tobaccoe they had in the said shippe, and that they would give
six pence a pounde for the said eighte hogsheades of
him
if hee would take it
Tobaccoe, but refused to deliver him the said Tobaccoe in soe
and hee beleeveth the said White could not gett the said eighte hogsheads
of Tobaccoe from the said Willington for that hee did often tymes this
after in this exts presence and heareinge did demannde the same of
then
and Sanders
Watlington ⁁ and still att refused to deliver the same, and
Virginia Tobaccoe the tyme aforesaid was as hee hath heard and
beleeveth worth and sold for here in London the tyme aforesaid
xxd in is a pounde and soe much hee this examinate wayes for
a greate quantity of Virginia Tobaccoe which hee carried over
with him to Rotterdam that Water, but what damage the said
White or ffowler mighte sustaine by the not receiveinge of the said
order
at Alledam aforesaid
Tobaccoe hee cannott iustly tell for that hee doth not knowe the this
of the said eighte hogsheades of Tobaccoe, but hee saieth that bigne
Tobaccoe was sold for at Rotterdam the tyme aforesaid for xx and the
stivers a pound and sometymes more, and is stiers make in leighte
boats at leaste and soe parte
this
money had halfe penny
R
Repetit contra
R
John Ball [SIGNATURE, RH SIDE]
----
Rs. E.
~~~
HCA 13/55 f.27r Annotate

27

this examinate proffered to give to one mr Sanders ye merchante
whoe was the reputed owner of moste parte of the said shippes ladeinge
of Tobaccoe, for thirty hogsheades of Tobaccoe parte of the Tobaccoe
which came out of the said shippe the Truelove for one of Dove
an acquaintance of this examinats And this hee affirmeth uppon his oath to
bee true./

Super reliquis articulos alluis pred non exatur ex direccon

James Brist [SIGNATURE, RH SIDE]
----
4o Maij 1639

Andrewe Waller of the parishe of Saint Mary hill London Th
Tallowe Chaundler aged aboute 53 yeares sworne before the worshipfull
William Sames Doctor of Lawes Surrogate to the righte worshipfull
Henry Marten knighte Judge of his Majesties highe Courte of the Admiralty
beinge examined saieth and deposeth

That thirty hundred weighte
of Scottishe tallowe broughte to this porte of London in the shippe
called the Josephe of which Carade of which John Collins is
was
master) were laden and put aboard the said shippe at Carradia
aforesaid for the accounte and of him this deponent by James
Lawe and the said Callins, and the said Lo Dublin and
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
here at London
ye which
Callius had money of this deponent ⁁ to pay for the talls
xxx him
in the
hee bought and laded for him aboard the foresaid shippe ⁁ before hee
had boughte or laded the same, and the said Lawe drewe bills
of Exchange uppon him this deponent for more then the tallowe
did
by
laden by her aboard the said shippe ⁁ for this deponents accounte ⁁ doth
had
amounte unto which bills of Exchange hee tonn deponent hath
accepted of and payd and satisfied before the foresaid shippe with
the said tallowe in her arrived here at this porte of London, and the

said tallowe is nowe under detencon in the said shippe but the same doth solely
and properly belonge and appertaine unto him this deponent
whoe is an Englishman borne and his Majesties true and loyall
subiecte and noe parte thereof doth belonge or appertaine either
directly or iudirectly to any Scottsman And this hee affirmeth uppon
his oath to bee true./ 

pine Andrew Walter [SIGNATURE, RH SIDE]
----
dco die

Peckett contra Smith
et Hill Smith
dt

2us still

Rs. E. B.

Josephus Middlye de Butterlye in Comitatu Surrin aquaus
annos agens 30 aut eo circiter testis in hac parte productus iuratus
Roe Bater
et examinatus dicit quod William Peckett partem producen
per spaciu ultimum et amplius novit et dicit sed partes contra quas
producitur non novit ut dicit /

Ad septium articulum alluis in hac parte datus dicit et admissa dicit et
deponit That aboute Michomas laste was twelve monethes to his
beste remembrance, before the articulate shippe the Elsabeth went to ten
the voyage in question, whileste shee hath late had hee this examinate
did by the direccon of the arlate John ffaireborne since deceased
carry downe from this porte of London and deliver aboard the said
shippe the Elsabeth whileste shee lay at Gravesend outwards bounde
~~~
HCA 13/55 f.27v Annotate

Pro magro Barckly)
ffishe)

jus

bts

Rs. E. B

to the said ffairebornes servant ther abord the said shippe as hee
himselfe and others of the said shippes company alsoe told him this
examinate, one Rundlett of Vinegar, fower peeces of
Chaullett, tyme musketts, fower paire of scopett, and pumpe
leathers three boxes of conserves and one shirte, which were the proper goodes of the
said ffairebornes as this examinate conged and alsoe as hee
himselfe sayd and alsoe eleaven rundletts of sacke and
white wyne, but howe many of either sorte hee knoweth not
which his this examinates brother John Medlye liveinge at
the three Cranes favorne in the Untrey London adventured
with the said ffaireborne the said voyage, the value of
all which goodes hee saieth hee knoweth not, but saieth the
said goodes were ver all received and taken into the said
afore
shippe by the said ffairebornes servant ⁁ his name hee
knoweth not and others of that shippes Company, and hee
the said ffaireborne did afterwards acknowledge the delivery
of all the foresaid goodes aboard the said shippe and payd this
examinate for his paines for carrieinge of them, And this hee
affirmeth uppon his oath to bee true At aliter pro parte
sua nescit deponere.

Super reliquis articulos dicta alluis nescit non ext
ex direccone ptis producen/

the marcke of
Josephe
----
Maij 1639

Samuell Buffinne of yarmouth in the County of
Norfolke marriner aged 21 or thereabouts sworne before
the wor William Sames Doctor of Lawes Surrogate to
the righte worshipfull Sir Henry Martyn knight Judge of his Majesties
highe Courte of the Admiralty being examined uppon certaine
interrogatories ministred to him on the behalfe of master Barckly
saieth thereto as followeth videlicet./

To the firste Interrogatory hee saieth that hee this ext aboute
three weekes or a moneth before shrowe tyde laste paste this
as a comon
alited this deponent was shipped by the
tempus aliter non recolit
John Simons aboard the shippe the Rose of Yarmouth, for
voyage to bee made with her from Yarmouth aforesaid to
Deepe in ffrance, and the said Simons was master of
the said shippe the said voyage, but the said shippe the de
hee saieth did not goe to deepe at all that voyage but
went to Caen in Normandy, At aliter nescit /

To the second hee saieth that the said shippe the Rose after
her arrivall at Caen aforesaid stayed there by the space of
five weekes and in that tyme, there was laden aboard the
papers and Canvas but what quantith hee knoweth not
~~~
HCA 13/55 f.28r Annotate

28

alsoe
x by in home or for whose accounte hee knoweth not but hath
heard it was for the accounte of one master
m Hamborne, and that
paper, and Canvas was to bee broughte in the said shippe to this
Brise
porte of London as to master of the merchante that went in the
said shippe from Yarmouth aforesaid and the master of the said shippe
told him this examinate Al aliter pro parte sua nescit /

To the third hee saieth that there were 4 marriners and a boy
in the said shippe the Rose the voyage aforesaid besides the master of
her, and the merchante that went out in her from Yarmouth
aforesaid, and alsoe when shee came from Caen aforesaid, and the
the names of the said marriners were Roger Hampton, John
Jackson, Richard Cox, and him this examinate and the boyes
name was Steeve but what else hee knoweth not, and the
masters name was John Simons, and the merchantes name was
the Grasse, and the said Grasse as hee heard was owner of a
quarter parte of the said shippe, Al aliter pro parte sua nescit/

To the 4th hee saieth that whileste the said shippe was in
the roade of Newhaven in ffrannce him bounde for London the
said mr Brasse the merchante and parte owner of the said shippe
lefte the said shippe, and the reason or occasion of his leaveinge
the said shippe was as hee conceiveth and as hee heard for that
the said shippe was to come for London, and tradeinge much in North
Sea fishe was to goe for Yarmouth, Al aliter pro parte sua nescit /

To the 5th hee saieth that after the said shippe the Rose was laden
there
at Caen aforesaid and off almoste ready to sett saile from then the
articulate Grasse the merchante of her in her outwards voyage laded
aboard of her for his owne accounte (as hee said three small trusses
or fardells or packs of goodes, but what was in the said trusses
fardells or packs hee knoweth not but saieth the said Grasse
tooke them out of the said shippe againe whileste the said shippe
wide
rudd
reade in the ride of Newhaven aforesaid. Al aliter pro parte sua nescit /

To the 6th hee saieth that there was shippe of London her name
hee knoweth of not of which one Hodson was master in Company
of the Rose when shee came from Cane aforesaid, and comeinge out
from thence shee mett with twoe shippes of yarmouth but there
names or masters names hee knoweth not Al aliter pro parte sua nescit

To the 7th hee saieth that the said shippe the Rose after shee mett
with the foresaid twoe shippes of yarmouth putt into the order of
roade of Newhaven aforesaid, and there the foresaid three trusses
or fardells or packs
of goodes were delivered out of the said shippe
as before hee hath expressed
to the said Grasse, and the said 3 trusses, fardells or parts of goodes
did as hee beleiveth belonge to the said Grasse Al aliter pro parte sua
nescit saveinge hee saieth hee this examinate had a small peece of
canvas of aboute forty ells which hee bought at Caen, and use
that small peece of Canvas hee delivered to the said Grasse to
carry to Yarmouth to his this examinats ffather there residente./

To the 8th
~~~
HCA 13/55 f.28v Annotate

To the 8th hee saieth that after the said shippe put out of the
roade of Newhaven aforesaid shee was driven by foule weather
into the Cowes in the Isle of Wighte where hee this examinate
another small
sould peece of Canvas of his owne which hee had in the
said shippe continueinge thirty ells Al aliter pro parte sua nescit

To the 9th hee saieth That whileste the said shippe the Rose
in her passa
was at sea in her bound for London, betweene the land and
between Dudgen nesse, and Bulloyne there happened
stormy
extraordinary foule and tempestnes weather, in soe
much that they neere enforced for safegard of shippe and
mens lives to threwe over board some paper and
Canvas then aboard the said shippe but howe much or
the quantity thereof hee knoweth not and alsoe in that
stormy and tempestuous or foule weather aforesaid hee
they laste theire shippes boate and a peece of an old Cable
and a barrells of Cader which they heaved over board
And there were the twoe fflemings there names or
masters names hee knoweth not then within a lega and
or thereabouts of them, one of which fflemings afterwards
came soe neere the Rose that they heard the some in that
ffreemannde
shippe call to them in Dutch but they in the Rose did not
nor could understand what they said because they speake
Dutch, At aliter pro parte sua nescit /

To the 10th hee saieth That the said shippe the Rose in the
foule weather aforesaid shipped soe much water that her master
and Company were aboard leaste shee should have suncke
downe in the sea, and they were fainte to beare upp of
afore the wynde to bee her of the water shee had received
the
in the in that stormy and foule weather, and hee saieth did
use all the meanes they could possible to save the said shippe
from sinckinge and perisheinge in the sea Al aliter quam
prius deposuit nescit

To the 11th hee can referreth himselfe to what hee
hath formerly deposed, and otherwise for his parte hee
cannot depose./

To the 12th hee referreth himselfe to what hee hath
formerly deposed and otherwise for his parte hee cannot
answere saveinge hee saieth That hee sould this
examinate had for the peece of Canno which hee spoiled at
the Canes aforesayd fifteene pence an ell, but the parties
name to whome hee saile if hee knoweth not

To the 13th hee saieth hee cannott depose./

To the 14th hee saieth that the said Simons interrogate the master
of the said shippe was aboard her all or the maste parte of
the voyage in question from Caen aforesaid to Yarmouth where
th hee and twoe more of his company videlicet Roger Hampton
(and
~~~
HCA 13/55 f.29r Annotate

29

and Richard Goshee lefte the said shippe, and the reason whoe
the said twoe marriners forsooke the said shippe at Yarmouth
aforesaid was as this examinate conceiveth for that the foresaid master Grasse
did not or at leaste delayed to pay them theire wages for theire
service in the said shippe from Yarmouth aforesaid to Caven, but
to which to place
and when they were comeinge from Yarmouth aforesaid for London
wheather they were put in by stormy and foule and tempestuous
weather) for London wheither the said shippe was bounde hee heard
that the master of the said shippe John Simons had for taken the
said shippe in respecte some bonds which hee had broake in the
and forfeited in the Customehouse and for some other debts which hee
ought and was in dannger of beinge arrested or troubled for
Al aliter pro parte sua nescit saveinge hee saieth that and
singular the foresaid prmisses by him deposed of are hee
reddens racoem for that hee was for the said shippe all the
voyage in question and her came upp in her after shee the
was putt into Yarmouth aforesaid by foule weather to this porte
of London where shee dischardged the remainder of her ladeinge./

Samuell Cotton [SIGNATURE, RH SIDE]
----
13o Maij 1639

1s

Courteene cont
Bill Smith
Rebt B

Courteene contra
Budd Smith

debt Bull

Steevenson Johannes Bright de Saint Olaves Southwarke
London naupegus annos agens 33 aut eo circiter testis
in hac parte productus iuratus et examinatus dicit
quod William Courteene arly partem p qua producitur per
Spae tri annorum ultima et amplius bene novit ut dicit, et
Tom Stephenson partem contra quam producitur per spacio dicti
Sir hee
annor ea bene novit ut dicit/

Ad quintu arlu libelli in hac causa ex parte and Courteene dit
et admissa dicit et deponit That uppon or aboute the 16th of
September Anno di 1638 hee this examinate was requested
by some of the windes and assistance of the Trinty house of
Deptford strand in the County of Kent by an order under
a messenger which came from them (as hee told this examinate to goe
vene
and beinge a certaine lighter as farr as Rederiffe hee beinge the
in his owne hard at her sidowne, and uppon the requeste of
the said Warders and assistance aforesaid hee this examinate in Company of
master Samuell Doves, master John Tompson, Henry Carles, Thomas
Hawkins did goe to one Mayders yard in or neere Rederiffe
aforesaid, and did there see and viewe the said lighter
there which as hee was told did belonge to one master Steevens the
defendent in this cause, and had lately delivered fo certaine sugars
firme Aute
at Customehouse by which shee had taken out of a shippe the
in the River of Thames, and that lighte hee saieth had uppon
hee
~~~
HCA 13/55 f.29v Annotate

bone
her Harboard ⁁ goode written trumell, aboute Tyrr before that
a some in both which a man mighte have truste his knowed
knife upp to the haste, and in the Starboard bowe by the
greate leake the same alone cann when and for
storme a may and as beit hee
19
xxx
aboute eighte or tenn suche kinge aboute the fishin peece
a but end of a buttocke plancke her upon and aboute
and
in such in length, and in the same same shittinge in at
the foote of the fastion peeces an open shallowe place on both
sides, wherein a man might easily put his knife upp to the
haste in all which things before by him expressed beinge
considered hee conceaveth the said Lighter was not nor could bee
thighte or fitt to carry sugars or any such kinde of comodity
without
but was very insufficient, for for those use any reparation
and mendinge, and hee conceiveth shee was sent to the place
of the foresaid defents
aforesaid to bee repaired and amended ⁁ And more hee cannot
depose./

Super reliquis articulos libelli pred nescit non exatur ex
drew

Idem ad Interrogatoria

Ad primum Interria nescit respondere pro parte sua

Ad secundum Interria nescit respondere pro parte sua./

Ad tertium pro parte sua nescit
present

Ad quartum pro parte sua nescit./

Ad quintum pro parte sua nescit /

Ad sextum refert se ad predepoita et aliter pro parte sua nescit /

Ad septimum pro parte sua nescit

Ad octavum respondet That (as lighter by other greate vessell, lyeinge
a grounde may stayne her selfe, and seeme defecte or course
then shee is, but the defects in the lighter formerly by him deposed
came by one such accidente in his this rendents judgement aliter
nescit

Ad nonum refert se ad predepoita et aliter nescit saveinge hee saieth
when this rendente came to viewe the said lighter before by him
bay beeinge uppon hee alsoe which
xxx but hee conceiveth hee
deposed of shee king all
could take noe hurte by her soe lyeinge as longe as shee was received
repaireinge./

Ad decimum nescit neer and ut

Ad undecimum pro parte sua respondet negative saveinge hee saieth that hee
hath boulte a shippe or twoe for throughe master Cooke
the ptie producent and others his partners

John C

1s
dt

R
~~~
HCA 13/55 f.30r Annotate

30

13o Maij 1639

Roberte Thomson of Rotterdam in Holland marriner
aged aboute 36 yeares sworne before the worshipfull William Clarcke
Doctor of Lawes Surrogate to the righte worshipfull Sir Henry Marten
knighte Judge of his Majesties highe Courte of the Admiralty beinge
examined saieth and deposeth

That one thousand and twenty
seaven poundes weighte of reas rese, and eighte small barrells
of Vinegar containeinge, 3 hogsheads and a 16th hee of a
hogshead of Vinegar, nowe aboard the shippe called the said
Andrewe of which one William Buskett a Scottishman is
master, and under detencon in the said shippe in the River
same
of Thames did at the tyme of the ladeinge and puttinge the
aboard the said shippe at Saint Martyns Island upp neere
Rochell and doe at this presente solely and properly and
belonge and appertaine unto him this examinate whoe is
a Dutchman borne at Rotterdam in Holland and a subiecte
to the ffree State of Rotterdam, and noe Scottishman hath any
intereste with him this examinate in the foresaid goodes, And the said
shippe hee saieth sett saile in this her outwards voyage from
Rotterdam aforesaid and was to goe to such ports and places as
the master of her should thincke fitt and be most be fivall
for her owners hee haveinge a Comission from them to sell and
dispose of the goodes in her for theire advantage, and rideinge
at anchor in the Downes was mett with by Captaine
Cartwighte and by him sent upp to this porte of London
where shee is nowe under detencon uppon supposicon as hee
conceiveth that shee doth belonge to Scottishmen and was bounde
nowe
for Scotland but hee saieth shee doth belonge to Rotterdam
sett out for thence as before hee hath declared and was
aforesaid and was to returne theither againe after shee had furnished
her voyage and the owners of her live and reside at Rotterdam
aforesaid and are all Dutchmen and the said William Buskett
the master of her was put in master of her onely to colour her
and her ladeinge from confiscations and takeinge and confiscation
in case shee should have bine mett with and assailed by any
Dunquercker or others the Kinge of Spaines subiects and this
hee affirmeth uppon his oath to bee true. 

Roberthowson
R
----
3º Maine

Monne et Stanere
contra
Stison

Jacobus Gally of the Citty of Bethe in the Come
Batle in comitatu Somersellin ge annos agens 50 aut eo circiter
Smith comitatu Decke
testis in hac parte productus, iuratus et examinatus dicit et
deponit prout sequitur videlicet./

Ad ullie
R. E. B
Rs. E. B
~~~
HCA 13/55 f.30v Annotate
~~~
HCA 13/55 f.31r Annotate
~~~
HCA 13/55 f.31v Annotate
~~~
HCA 13/55 f.32r Annotate
~~~
HCA 13/55 f.32v Annotate
~~~
HCA 13/55 f.33r Annotate
~~~
HCA 13/55 f.33v Annotate
~~~
HCA 13/55 f.34r Annotate [CHECKED]

34

24o Aprilis 1639 [CENTRE HEADING]

[?Ena] Robinson contra)
Bredcake)

deb: Wandton./

3us./

Willimus Honeywood parochia Sancti Michaelis
Le Querne London Mercator annos ahens 50ta
aut eo circiter testis in hac parte  productus
iuratus et examinatus ficit et deponit quod Thoman
Bredcake partem producen per [decideiem] anos
ult etaps novit, sed davidum Robinson partem
contra quam producitur [?non] novit ut dicit:/

Ad primum secundum tertium quartum et quintum articulos alluis ex parte
Bredcake in hac prte dat et oblat nescit deponere;

Ad sextum affirmat That the 13th of June
1636. Michael and Richard Hatwood beeing then
Resident at Venice did by bills of Exchange chardge
uppon this examinate and Robert Austen
his partner five hundred ducketts
at 51 and a half which in sterleinge
money maketh 107li 5s 10d and ordered them
to pay the same to Mrs Judeth Browne
widdow the Executrix of Christopher
Browne deceased, and that money this examinate
and his said partner ordered their servant
to pay to the said Judith Browne which
hee did accordingly as hee beleeveth for
that hee brought them an acquaittance subscribed
with the name of the said Judith Browne
and deducted soe much out of their cashe
as paid to her, And the 12th of
December 1636. the said Michael and
Richrd Gatwood then at Venise alsoe
chardged uppon this examinate and his said
partner by exchange five hundred
and five ducketts at 53. three eights
which maketh in sterling money one hundred
and twelve pounds 6s 2d which they alsoe
assigned them to pay to the said
Judith Browne, and this examinate and his
partner aforesaid ordered their servant to
pay the same accordingly which hee
beleeveth hee did, for that hee brought
them an acquittance for the same
subscribed with the name of the said
Judith Browne and deducted soe much
out of their cashe as paid to the said
Judith Browne, and one of the said
~~~
HCA 13/55 f.34v Annotate [CHECKED]

summes hee saw her receiving in the shopp
of this examinate and his partner in Cheapside
London, And this hee affirmeth uppon
his oath to bee true, Ac aliter ad humoi
articulum nescit deponere;/

Ad reliwuos articulos nescit deponere;/

Ad Interrogatoria./ [CENTRE HEADING]

Ad primu respondet That hee favoureth the partyes
indifferently and wisheth the victory to those
that have most right therunto. Ac aliter
respondet negative./

Ad secundum et tertium nescit respondere./

Wm: Honywood [SIGNATURE, RH SIDE]
----
25o. Augusti 1639 [CENTRE HEADING]

danngerfeild contra)
Buller)

a.s Buller./

deb: Smith

Johannes Carr annos agens 21 aut famulus et Apprentcius
Johes Bullard partes producentis testis in hac
p causa
parte productus iuratus et examinatus dicit et deponit
dcaXX Bullard per quatuor annos ult sed [?XX]
produccitur per quinquin annos ult etaps
ex [?vaisa] tanta novit ut dicit;/

Ad primum secundum et tertium articulos ex parte Buller in
hac partem dat et oblat, dicit et deponit That
about tenn moneths since the said Bullard
with the shipp the Concord whereof hee was
Master Lyeing in the river of Thames at
Blackwall outwardes bounde, the articulaye
Danngerfeilde beeing a Sculler broughte
his boates lading of dyeing wood to the side
of the said shippe to bee delivered aboard the
shippe and was very importunate to have
that wood presently taken aboard the said
shippe, but the Company of that shipp
beeing at the present otherwise ymployed
the said Dangerfeilde was bidd to stay untill
they had made an end of the business that
they were then about and then they woulde
take in that wood, and after some tyme the said
Buller the Master beeing then in the houlde of
the said shippe spake to his Company to take
in the said wood by tale, but Dangerfeilde
said hee woulde not tell yt, and therto Buller
replied that hee woulde have yt taken in
by tale for feare some of yt was stollen
~~~
HCA 13/55 f.35r Annotate [CHECKED]

35

and therto the said Danngerfeilde replied
in these wordes; (I corne to steale
as Little as you) and ther uppon the said
Bullerd came out of the houlde of the said
shippe uppon her decke and tooke a sticke Like
a common walking sticke out of a manns hand
and thewith strooke the said Dangerfeild two
or three blows betweene the head and shoulders
as Dangerfeilde was standing uppon the shipps
side, and forthwith the said Danngerfeilde
stept downe into his boate and tooke upp
his boathook, but nothing more ws donn
betweene them but the said Danngerfeilde in
his boate stayed a pretty while afterwards by the side of
the said shippe and tooke in a ffare out of
that shippe and rowed away with him in his
boate, and whilst the said Danngerfeilde
stayed as aforesaid by the side of the said
shippe after hee received the blowes
aforesaide hee threatned to sue the said
Bullerd for the ame, and to make yt a
deare strikeing to him, but did not complaine
at that tyme to his knowledge of
any hurt that hee had received, or paine
that hee felt y the sad blowes, but rowed
away with his fare lustily for ought this
examinate coulde perceive, And this hee affirmeth
uppon his oath to bee true who was uppon
the said shippes decke and heard the said
wordes spoken and the blowes aforesaide
given, and knoweth that the said Bullerd at
that tyme did not strike the said Danngerfeilde
any otherwise then hee hath before declared,
but hee sayeth that hee doth not know that
the said Dangerfeild when hee spake the
wordes aforesaid did know that yt was Bullerd
the Master that hee spake to for that Buller
all the tyme before and at the speakeinge
of those words was in the hould of the
said shippe and had not shewed himself to
the said Dangerfeilde; Ac aliter nescit:

Ad Interrogatoria ; [CENTRE HEADING]

deb. yeo.

Ad primum respondet That hee was one of the quarter
masters of the interrogate shipp the voyage interrogate
but his wages belonged to Bullerd the Master
beeing his Apprentice Ac aliter nescit./
~~~
HCA 13/55 f.35v Annotate [CHECKED]

Ad secundum nescit respondere./

Ad tertium nescit respondere aliter quam prius Saveing
that Dangerfeilde when hee spake the wordes
aforesaide stood uppom the said shippes decke
as hee thincketh, but is not ceteine therof
and Bullerd was then in her houlde:./

Ad quartum nescit respondere aliter qua prius;/

John Carre [SIGNATURE, RH SIDE]
----
Dicto die. [CENTRE HEADING]

2s Buller

Thomas Hale de Lymehouse in Comitau Middlesex
nauta annos agens 25 aut eo circiter tesis in
hac parte productus iuratus et examinatus dicit quod
Johem Buller partem producen per fera [?XXX]
annos ult etaps bene novit, sed Dangerfeilde
non novit ut dicit;/

Ad primum secundum et tertium articulos alluis ex parte Bullerd in
hac parte dat et oblat dicit et deponit That
about tenn monethes since whilst the articulate
Bullerd in the shippe the Concord whereof
hee was Master Lay at Blackwall outwardes
bounde, a Sculler (his name
hee knoweth not) with some dyeing wood in his
boate came to the side of that shippe to
deliver that wood aboard her, and was very
importunate to have yt taken presently
into the shippe, but her company beeing then
otherwise ymployed, the said Bullerd
said that hee must stay untill some
body coulde a while to take notice of the
tale of yt for yt may bee hee
might steale some of yt, to which the
said waterman replied that hee [?XXXed]
to steale as lettle as himself , and some
other crosse Language hee gave him which
hee now remembreth not, and thereuppon
the said Bullerd with a sticke in
his hande about the bignes as hee
guesseth of a manns finger or thumb wente
downe the side of the said shippe and
with that sticke strooke the said
waterman standing uppon tha shippes
lowermost [?bende] pulling his noate to her
some certeine blowes, but how many hee
cannott declare, and hee sayeth that the
~~~
HCA 13/55 f.36r Annotate [CHECKED]

36

said waterman after the said Blowes
were given did not complaine soe farr as hee
knoweth of any hurt that hee had 
received by the saed blowes, but rowed away
afterwardes from the said shippe with
divers of her company in his boate,
neither did hee see the said Buller strike
the said waterman with any thinge but the
sticke aforesaide, And this hee affirmeth
uppon his oath to  bee true who
standinge uppon the Gundecke of the
said shippe lookeing out of a port
hole heard the wordes aforesaide passe
betweene the said Bullerd, and the waterman
aforesaid and saw Bullerd strike him
as aforesaude, Ac aliter nescit./

Ad Interrogatoria ./ [CENTRE HEADING]

Ad primum respondet That hee was Boatswaines
Mate of the said shippe the Last voyage
and hath received all his wages for the same
excepte 11s 6d which hee forgott to
demannd yt being not stopt from him/

Ad seecundum nescit respondere:/

Ad terrtium respondet That hee did not see where the
said waterman, or Bullerd were when
the said wordes were spoken Ac aliter
qua prius nescit./

Ad quartum nescit respondere aliter qua prius:/

Thomas Hayell [SIGNATURE, RH SIDE]
----
26.o Aprilis 1639:/ [CENTRE HEADING]

Curten contra Stevenson./

11.s Stevenson.

deb: Smith

Willimus Weestern parochia Sancti Olavi Hart
=streete London Groceras annos agens 63 aut eo
circiter testis in hac parte productus iuratus et
examinatus dicit et deponit prout sequitur;/

Ad 19um articulum alluis ex parte Steevenson in hac parte
dat et oblat dicit et deponit That this examinate hath
bin a Wayter of the Customehouse London for these
twenty yeares Laste paste and hath taken notice
of the Landing of many thousand chests of
sugar at the Customewharfe and other keyes,
thereabouts, and thereeby well knoweth that at those
keyes there may bee easely dischardged and landed out
of a lighter wt any tyme of the yeare
betweene fifteene and twenty chests of sugar
~~~
HCA 13/55 f.36v Annotate [CHECKED]

in an houre, and in a forenoone in September hee
did once see one hundred and forty chests of
sugar dischardged and landed out of a
Lighter at the Custome house key aforesaid
And this hee affirmeth uppon his oath 
to bee true, Ac aliter nescit

W Western [SIGNATURE, RH SIDE]
----

25.o Aprilis 1639. [CENTRE HEADING]

ffranckland contra./
Jurdaine./

1.s ff:

P.d/

Walterus Grills de Stepney nauta
annos agens 50.ta aut eo circiter testis in hac
parte productus iuratus et examinatus dicit quod
Henricam ffranckland partem producentem per
feve ann ult etaps novit, et Josepham
Jurdaine partem contra quam productitur per
idem tempus etiam novitt ut dicit;/

Ad secundum tertium et quartum aticulos libelli in hac parte dat et
oblat dicit et deponit , That within the tyme articulate
the articulate Henry ffranckland was owner of
sixteene hogsheads of pease and fower tonnes
of caske and laded the same pease in that caske for his owne
use and accompte aboard the articulate shippe the
victory (whereof Joseph Jurdaine was then
Master) in this port of London, to bee
carried to Saint Christophers and there
delivered to William Topliffe and Thomas
Sayers the Assignes of the said ffranckland
for his accompte, and in the said shippes
course to Saint Christophers and whilst shee
remained there and in her returne from
thence, the said Jurdaine wantinge 
victualls for his Company spent for
their sustenance part of the said 16
hogsheades of pease, and the rest all
but one hogsheade which hee brought home
hee the said Jurdaine  soulde at the Barbathas
and Antega together with the caske wherin
those pease soe soulde were put, but
what became of the rest of the said
caske hee knoweth not, but sayeth that
hee well knoweth that none of the said
~~~
HCA 13/55 f.37r Annotate

37

pease nor any of the caske aforesaide were
delivered at Saint Christophers unto the said
Topliffe or Sayers, And this hee affirmeth
uppon his oath to bee true, who was Cooper
of the said shippe the said voyage, and was
with the aid ffranckland when hee received
the said pease and caske from the party
of whom hee bought the same and saw
them delivered aboard the said shippe here
at London, Ac aliter nescit, Saveing that
hee well remembreth that the said
ffrancklande paid for the said caske
18s a tonn, but how many bushells
were of the said pease or the worth
of them hee cannott declare, onely hee
sayeth that hee heard some others say
that they soulde pease at Saint Christophers
when the victory was there the voyage
aforesaide for double the price that
they cost them in Englande;/

Super reliquis articulos non examinatur ex direccon

Ad Interrogatoria [CENTRE HEADING]

deb. Smith

Ad primum respondet, That hee commeth to testifie in
this cause at the requeste of the party producent
and sayeth that hee favoreth the partyes
indifferently but cannot tell to which to
gie the victory, but conceiveth yt reasonable
that ffranckland shoulde bee paid for his
goodes aforesaide, Ac aliter respondet negative/

Ad secundum respondet negative aliter qua prius./

Ad tertium respondet That the goodes interrogate were laden
aboard the said shipp the Victory at Deptford
about a weeke or fortnight after whitsunday
laste and the Boatswaine of the said shippe
tooke notice and chardge of the said goods
and Jurdaine himselfe was then aboard the
[?XXXXXXXXXXXXXXXXXXXXXX]

shippe, and ffranckland beeing then  [?XXX]
aboard her acquainte the said Jurdaine
with those goodes and Jurdaine gave order to
his Boatswaine and Company to take in
those goods, but Jurdaine never subscribed
any bill of ladeing for the same; Ac aliter
qua prius nescit./
~~~
HCA 13/55 f.37v Annotate

Ad quartum nescit respondere:/

Ad quintum nescit respondere Saveinge that most shipps
bounde to the Barbathoes doe use to water
at Saint Christophers:/

Ad sextum respondet That their passage was longe
the voyage interrogate and their provision of
victualls short, and therby the Master of the said
shipp was necessitated to spende some
of the said pease for the victualls of
himself and Company Ac aliter nescit;/

Ad septium nescit respondere, Saveing that yt
is a usuall thinge for men that lade
goods for the Barbathoes or Saint Christophers
to take bills of ladeinge for the same
from the Master or Purser at the tyme
of the ladeing thereof, and sometymes
not./

Ad octavum nescit respondere aliter qua prius./

Ad nonum non concernit eid:/

Signum [MARKE] Walteri Grills:/ [MARKE, RH SIDE]
----
25o Aprilis 1639. [CENTRE HEADING]
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HCA 13/55 f.38v Annotate
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HCA 13/55 f.39v Annotate
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HCA 13/55 f.40r Annotate [CHECKED]

40

arrivall of the articulate shipe the Mary Ann with 
the Corne in question in this port of London, the
articulate Peter Nappell the Master of that shippe
comeing to the house of the said Gould to
give him notice of her arrivall with
that Corne, the said Gould in this examinates
heareing and Nappell
having some conference about the said
Corne and some Corne that Nappell
himself had in the said shippe and
what the same cost and how many
bushells the same would here
make out the said Nappell in this
examinats heareing tolde the said Goulde
a tonn french measure of his the said Nappells
Corne aforesaide woulde heare
make out but forty bushells but that
a tonn french measure of the said
Goulds Corne being measured in 
ffrance by a greater measure woulde
here maje out fower or five bushells
more then the said Nappells Corne 
would doe and the like hee confessth againe before other credible

witneses uppon
the Exchange
London
nd this jee affirmeth
uppon his oath to bee true, Ac aliter 
nescit:/

Ad quintum affirmat That every bushell of the
wheat brought home in the said shippe the
Mary Ann at the tyme of her arrivall in
this port of London was worth the some
of fower shillings sterlinge
a bushell at the least, and every bushell
of the Rye articulate was then worth three
shillings sterlinge at the least, and at
greater rates the said Gold sould his
wheat and Rye that shee brought thither
for him the said voyage, which hee knoweth
to bee true for that hee was privy to the
selling thereof and received most of the
money for the same, Ac aliter nescit/

Super reliquos non examinat ex direcco

Samuell Andrewes [SIGNATURE, RH SIDE]


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HCA 13/55 f.42r Annotate
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HCA 13/55 f.44r Annotate

44 

2:o Maij 1639: [CENTRAL HEADING]

Anthonius White de Deptford in Comitau
Kantij Anchorsmith annos agens 42 aut eo 
circiter testis sed

Ad primum arlum

Ad secundum et tertium

Ad reliquos articulos nescit deponere;/

Ad Interrogatoria:/ [CENTRE HEADING]

Ad primum respondet negative/

Ad secundum nescit respondere aliter qua prius
Saveing that all the said Iron or as great a quantety
(the wast excepted) was ymployed uppon
the said shippe, but hee doth not know of any
part thereif that was not ymployed wppon her
except his servants in the reckoning of yt
shoulde sometymes take a peece of this examinats
~~~
HCA 13/55 f.44v Annotate

iron insteed of the iron aforesaide, and the same
was wrought into Anchors, Rudder irons bolts
spikes, Ringes and forlocks, chaine plates tackles
hookes, Crowes, port hinges, port hookes, port
muskett hookes, Linspinns,
binding of 34 Carriages, and other small
works, the perticulers whereof hee gave
in Accompte to the said Goddard but
cannott now expresse the same, Ac aliter
nescit:/

Ad tertium nescit respondere aliter qua prius./

Ad quartum nescit respondere:/

Ad quintum responndet That Goddard himself ws
reputed to bee the sole owner of the shippe
the Aeneas at the tymes of the delivery
of the said iron, but since that
tyme hee hath heard that
Sir William Russell and Brainsford
were part owners of that shippe,/

Ac aliter nescit./

Ad sextum nescit respondere:/

Anthony White [SIGNATURE, RH SIDE]
----

dicto die:/ [CENTRE HEADING]

Willmus Sheppeard de Deptford in Comitau
Kantij Blaclksmith annos agens 46 aut
eo circiter testis sed

Ad primum

Ad secundum et tertium affirmat, That within the tyme
articulate this examinate by the order and direccon of
the said Goddard did receive at the shipp and
from the servants of the articulate Turvill and
fferrers beeing Ironmongers, to
make nailes as [?XXXXXXXXXXXX] for the use of the articulate shippe
the Aeneas the severall quantityes of Iron
excepted in fower schedules or noates now given
~~~
HCA 13/55 f.45r Annotate [CHECKED]

45

by this examinate into the Registry of this
Court, which Iron was then worth the severall
rates and prizes expressed in those schedules
and all that iron this examinate madde into nayles
by the order of the said Godderd and
delivered the same to the Assignes of
the said Godderd to bee ymployed  (as hee conceiveth) for
the use of the said shippe the Aeneas
but how they ymployed the same he
knoweth not, And this hee affirmeth
uppon his oath to bee true, Ac aliter
nescit:/

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet negative:/

Ad secundum nescit respondere aliter quam prius;/

Ad tertium nescit respondere, Saveing that
at the
same tyme when part of the said
iron was made into Nayles, there was
another shippe of Godders at
Deptford brought from Southampton or
some other place therabouts not
finished, and hee beleeveth that part
of the sad nayles were ymployed
about that other shippe, and not about
the Aeneas;/

Ad quartum nescit respondere;/

Ad quintum respondet That at the tymes of the
delivery of the said iron hee never heard
of any other owner of the Aeneas but
Godderd. Ac aliter nescit/ Saveing that
before the said shiooe the Aeneas went to
sea this respondent by the assignement pf
Godderd received of Sir William Russell
35li or thereabouts as hee remembreth, and
of Mr Cooper 30li  as hee remembreth
for makeing of the said nayles;/

Ad sextum nescit respondere:/

William Shepperd [SIGNATURE, RH SIDE]

~~~
HCA 13/55 f.45v Annotate [CHECKED]

4o Maij 1639. [CENTRE HEADING]

1.s Claxton

P:d

Edmond Harris aged 20ty yeares or
therabouts sworne before the worshipfull William
Sames Doctor of Lawe Surrogate to the righte
worshipfull Sir Henry Marten Knight Judge of his
Majestyes highe Court of the Admiralty
sayeth and deposeth uppon his oath

That
about two monethes since this examinate was
was ymployed by his Master Edward Claxton
of London Esquire to shippe nyne barrells
of salt salmon in a Billander in the
river of Thames, and put the same into
two wherryes to bee carried aboard the
said Billander, videlicet 4 in one wherry
and 5 in the other, and by the way one of
the said wherryes was suncke by
accident by a hoy and the barrells of
Salmon turned into the river, and two
barrells of Salmon now remaineinge
in the possession of Mr Smith the
Marshall of this Court are as hee
verely beleeveth part of the said
Salmon and belongeing to his Master
aforesaide:/

Edm: Harris [SIGNATURE, RH SIDE]
----

7.o Maij 1639./[CENTE HEADING]

1.s Wright:/

P.d

Nathan Wright of the parish of Saint Olaves
Hartstreete London Merchant aged 47
yeares or therabouts sworne before Mr
Doctor Sammes Surrogate to the righte
worshipfull Sir Henry Marten Knighte Judge if
his Majestyes highe Court of the Admiralty
sayeth and deposeth uppon his oath/

That
uppon wednesday last this examinate
received letters  from Thomas Cockram
of Roane English Merchant, advising this examinate
that hee had received letters from Saint
Anderes in Spaine with a bill of ladeing
of one hundred and sixteene baggs of
spanishe wooll for the accompte of
Beniamyne Wright beeing an English
Merchant resident at Madrid this examinates
brother shipt in the shipp called the Hope for
better of Kircady in Scotland to bee
transported toDover or Roane in ffrannce and there
to bee delivered to the said Thomas Cockram
~~~
HCA 13/55 f.46r Annotate [CHECKED]

46 
for the accompte of the said Beniamyne
Wright, and that bill of ladeing the said
Cockram sent over to this examinate and hee
verily beleeveth in his conscience that the
said goodes doe belonge to his said brother
Beniamyne Wright and his friends and
that noe Scottish man hath any interest
therein, Moreover hee sayeth, That
David Spence the Master of the said shippe
informeth him That hee tooke into his
said shipp at Bilboe twenty two baggs
more of spanish wooll for the
accompte of the said Beniamyn Wright
to bee delivered at Roane to the abovesaid
Cockram, which hee verily beleeveth to bee
true, for that his said brother formerly advised
him that hee had 22 baggs of spanishe
wooll remayneing at Bilbow which
hee intended to send for Roane by the
first shippe./ And this hee
affirmeth uppon his oath to bee true;/

Nathan Wright [SIGNATURE, RH SIDE]
----
4.o Maij 1639. [CENTRE HEADING]

Hodson contra Steevens

4.s Hodson

deb. Martyn

Robertius Harris annos agens 21 aut eo circiter
famulus et Appreticius Danielis
Hodson parts producen testis et cetera

Ad sextum articulum Libelli in hac parte dat et
oblate dicit et deponit That about two yeares
since the articulate Daniel Hodson did
shippe and send for Hamborowe
divers clothes belonging to himself, and his
factor did advise by letters from thence
that one peece of that cloth beeinge
white broade cloth conteyning three and thirty
yardes marcked as in the margent
hereof proved defective and that therfore
hee had sent yt backe in the shippe
(whereof one Bundocke was Master) and that
peee of cloth as hee findeth by his the said
Hodsons booke of Accompts
cost the first penny here in London
nyneteene poundes tenn shillings sterling
and soe much in common estimacon such like
clothes are usually worth, And
this hee affirmeth uppon his oath to bee
true who was servant to the said Hodson
when the said cloth was bought and shipt out as
aforesaide, and entred downe the price and
~~~
HCA 13/55 f.46v Annotate [CHECKED]

contents thereof in his Masters books of
Accompts, Ac aliter nescit:

Ad Interrogatoria/ [CENTRE HEADING]

Ad primum respondet That hee commeth to testifie in
this cause by the commannde of his Master the said
Hodson, and sayeth that hee favoreth his master
most, but onely in the way of righte and
woulde give the victory to him that hath
most right to yt, Ac aliter respondet negative/

Ad secundum respondet negative;/

Ad tertium respondet negative./

Ad quartum nescit respondere./

Ad quintum respondet, That uppon Michaelmas day
Last past this examinate vbeeing appointed by his
said Master to looke after the said peece of
cloth and take upp the same, went downe to
the Customehouse key, and there heard that
there was a Lighter wihich came from the
said Bundocks shippe, but yt beeinge
holliday and therefore not any body at
worcke to unlade that Lighter, this
examinate went to the wayter and founde him
at a Barbers shopp trimming not having
his noate of the goods in that lighter
about him, and therfore could not bee
assured from that wayter whether the
said peece of clothe were in that
Lighter or not, but hee tolde him of a
bundle which probably might bee that
peece of cloth, and then this examinate
telling that wayter that hee was to 
goe out of Towne that day, hee the
said wayter promised him that on
Monday uppon the cleering of that lighter
yf the said peece of cloth was founde
in that lighter, that hee woulde
cause yt to bee carried into the
Customehouse till this examinate returned
and soe this examinate relyeing uppon his and
the Porters promise went out of
Towne and lookt not after that cloth untill
Tuesday or wednesday followeinge, and then
demannding of the wayter what he had
donnn meaneing the same, hee tolde
~~~
HCA 13/55 f.47r Annotate

47

him that the said lighter went away without
his cleeringe, and therefore hee must looke
after the Lighter or the wharfinger for
yt, which hee did forthwith but never yet
coulde heare thereof, Ac aliter nescit;/

Robert Harris [SIGNATURE, RH SIDE]
----
~~~
HCA 13/55 f.47v Annotate
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HCA 13/55 f.48r Annotate
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HCA 13/55 f.48v Annotate
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HCA 13/55 f.49r Annotate
~~~