HCA_13_57_Full_Volume_Processed_Text_EDITED_Ver.2.4_15072024.txt

HCA 13/57 f.1r Annotate [CHECKED]
R

1

3º Martij 1640

Tucker et alj contra Browne)
et alios Marten Yeo)

2s

Johannes Grange Civitats London nauta etats
[?XXXX] 26 annorum testis in hac causa productus iuratus et
examinat dicit et deponit prout sequitur videlicet.

Ad primu et secundum articulos libelli ex parte producta in hac causa datus ablat et admissum dicit
quod proper parte sua nescit deponere Saving that the articulate Captaine Tucker Maurice
Thompson were Commonly accompted reputed and taken to be Owners of the articulate shippe
the Samuell of the port of London.

Ad tertium arlum dicti libelli dicit et deponit That ffor his part hee
verily beleiveth that every man that is hyred to goe as a servant in
any shippe ought to bee obedient to his Masters lawfull Commands aliter pro parte
sua dicit quod nescit deponere./

Ad quartum dicit quod pro parte sua nescit deponere saving that some of the shippe the
Samuells Company have had monyes stopped out of their wages to pay men at
Marcellia that wrought for them when they were on shoare./

Ad quintum dicit et deponit that after the departure of the articulate shippe the Samuell
from this port of London and at her being in the Roade or port of Palamos within
the Streights the articulate William Browne the Boatswaine of the said shippe
and Henry [?XXXX] were on shoare there or out of the said shippe and so likewise was John Bason and William
Headly articulate (as this deponent beleiveth and were alsoe from the said shippe aboute some
tyme, but howe longe this deponent remembreth not aliter during which tyme
of theyre absence the winde the very had aliter nescit deponere./

Ad sextum dicit quod pro parte sua nescit deponere./

Ad septimum nescit deponere./

Ad octavum et nonum dicit et deponit That at the returne of the articulate shippe the Samuell
to Marcellis divers of her Company were often in shoare, and that thereby the
shipps businesse was hindered but howe much or to what vallew this deponent sayeth hee knoweth not
and many men were hired to worck for those that soe were on shoare aliter
nescit deponere.

Ad decimum et undecimum articulos dicit et deponit That the articulate shippe the Samuell was Careened at
Legorne by reason of the loss of her Rudder and other harme that shee gott at
a place called Balde [?vXXX] and that by the meanes of the articulate Cocke the
Master of the said shippe (as this deponent beleiveth the articulate
Trotman was there putt in Prison and was there diverse dayes and soe likewise had the
said Browne beene if hee had not kept out of the way as this deponent beleiveth aliter
nescit deponere, Saving that the said shippes busines had mighte hindrance there by
neglect but but by whose aill example this deponent saith hee knoweth not
~~~
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Ad duodecimum deponit that nescit depose he this deponent being at the
tyme articulate at Aleppo./

Ad tertio decimum that much about the tyme arlate the said shippe being at Marcellis
divers of her Company were often on shoare and most of them unwilling to goe
to the Morea. And That at that tyme the articulate Johnson did expresse some
feare of adventureing his goods in the said shippe by reason the Company were
unwillinge to goe the voyage as aforesaid. aliter nescit deponere./

Ad quartodecimum dicit quod nescit deponere./

Ad quintodecimum dicit et deponit That towards eveninge when the arlate Cocke came on boarde
as is arlate divers of the shippes Company came aboute him about the mast
and Complayned of Brownes ill usage of the Yonker and use divers words and speeches
unto him which this deponent sayeth hee remembreth not aliter nescit deponere./

Ad sextodecimum dicit et deponit, That after the premisses the arlate shippe the Samuell
returned to Leghorne and before such tyme as shee had prattick there this deponent sawe divers
of the said shipps Company were on shoare, but whoe they were this deponent Certainely
knoweth not hee being then likewise on shoare with the Captaine and having prattick aliter
nescit deponere. saveing that the said shippe did sett sayle from Leghorne, the arlate Trotman not being on board

Ad septimodecimum dicit et deponit That the arlate Trottman came on boarde the articulate
shippe the Samuell at Marcellis and seemed there not to be well but what
the Cause of his sicknes was this deponent sayeth hee knoweth not and
he further sayeth That the said Trotman did ly on shoare some tyme but
how long this deponent sayeth hee knoweth not that the articulate Browne the Boatswaine
was there putt into Prison (to this deponents sight and knowledge) by the Masters
order as this deponent beleiveth where hee remayned divers dayes, and that many
other of the said shipps Company were then likewise on shoare and some left the
shippe et aliter nescit deponere./

Ad duodevicesimum dicit et deponit That at Mallegae articulate the said Trotman Johnson and
this deponent and one Salt were there on shoare this deponent being sent on
shoare about the Masters busines (but what busines they had on shoare
this deponent sayeth hee knoweth not) saveing that this deponent sawe the articulate Johnson
buy some Raysons which hee sent on board, and that he this deponent by reason
he could not dispatch his Masters busines was inforced to lye on shoare
all night not withstandeing hee used all the means he Could in the eveninge to gett
a boate (the shippes boates that were in the Roade being gone) and the shippe
the Samuell (not haveinge prattick) her boate did not come, And that the same
eveninge the winde was not fayer but likely so to be And he further sayeth
That he this deponent did looke about 5 or 6 tymes in the night to see
(whither./
~~~
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whither the shippe had weighed there anchors or not which he proved they had;
but with little winde could not yet out of the Roade, This deponent then in
all hast went out and hyred a boat will cost him 6 peeces of eight and was ready
[?in ?at] Sonne riseing in which boat the said Trotman, Johnson and this deponent
embarcqued and followed the Samuell about about 3 or 4 or so leagues in sight of
her which would not take notice of them though the Company sawe the said boate as
they sayde, Then the winde beginning a little to fresh the boatemen sayd they
Could not over take the shippe so that the said boate with this deponent and Company
was forced to retourne to Mallegae where that day being spent this deponent
and the articulate Johnson the next day tooke horse and followed with all diligence
and hast to Gibraltar where they came aboute 8. houres after the shippe the
Samuell had sett sayle from thence (as the one whoe was taken for Consull tolde this deponent and the
said Johnson) ffrom thense he this deponent and the said Johnson went to Saint Lucars
and uppon the James (Mr Lymbery being master) gott passage for
England aliter nescit deponere./

Ad undevicesimum et vicesimum dicit quod in set deponere./

Ad vicesimum primum dicit et deponit, That by a mistake of the boatswaine in receiveing in the goods into the
articulate shippe at Marcellis there is a barrell of Capers payde for at London
out of the freight of the said shippe ut dicit which was valewed at 6li sterl ut
dicit and that out of the 2 Chests of soap articulate his deponent was tolde by
him that tooke then upp that there wanted in each a good quantitie but to what
vallew this deponent knoweth not aliter nescit deponere./

Ad vicesimum secundum dicit quod nescit deponere savinge that the articulate Ball and Childon were
imprisond as is articulate haveing their Clothes there with them to this deponents
sight and knowledge.

Ad vicesimum tertium arlum die libelli et schedulam annex dicit et deponit That
the said schedule therein menconed is subscribed with the proper hand
writeing of him this deponent and that he this deponent was a mariner in and saylmaker
of the said shippe. And he veriely beleiveth that the severall
parties whose names are there under subscribed did [?XXXX] subscribed [?XXXX]
with their owne proper hands, but that this deponent did not see them so to doe
because they were all called into the Cabbin at the receivinge of theyre halfe
pay one by one and so sett their hands to the said schedule as he beleiveth aliter
nescit deponere./

Ad vicesimum quartum nescit deponere.

Ad vicesimum quintum refert se ad [?Regxxa] huius [?Caro] aliter nescit deponere.

Ad vicesimum sextum refert se ad Jura

Ad ultimum dicit predepoita proper eam este vera./

per me Jo:n Grainge [SIGNATURE, RH SIDE]
~~~
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10º Martij 1640 iuxta et cetera

Watkins contra Cox)
J[?XXX] ffish)

Johannes Vyner parochia de Stepney als Stebonheath in
Comitatu Middlesex nauta etats (quasi) 35 annorum testis in hac
productus et examinatus dicit et deponit prout sequitur videlicet/

Ad primum arlum libelli ex parte Watkins in hac causa datus et a nescit./
dicit et deponit That he this deponent went out Masters mate of and in
the articulate shippe the Expedicon from this Port of London the voyage
in question and was in the said shippe all the tyme articulate dureing all
which said tyme the producent Watkins was comonly reputed to bee (as this
deponent undoubtedly beleiveth he was) the Master of the said shippe
and the tackle and furniture to her belonging ut dicit aliter
nescit deponere

Ad secundum dicit et deponit That the arlate John Watkins
did goe Carpenters Mate in the arlate shippe the Expedicon the voyage in
question from the port of London to Saint Malloes in ffrannce, and from thence
to Saint Lucars in Spaine and soe home againe during all which tyme then articulate
Watkins behaved and demanded himselfe duty fully and which good respect
towards the arlate Cox master of the said shippe and performed his
office honestly and carefully to this deponents knowledge, All which hee
sayeth by vertue of his oath hee knoweth to bee true aliter nescit deponere


Ad tertium et quartum et quintum dicit et deponit, That within the tyme articulate aboard videlicet at such tyme
as the articulate shippe the Expedicon wade in the Harboure or port of
ffallmouth (being driven in there by tempest as is articulate) the said William
that this deponent [?XXXXX] could
perceive or heare of) did (in this deponents sight and presence [?XXX] casue the said
Watkins to be brought to the Capsten of the said shippe without
any Cloaths savinge his shirt on and a payer of drawers on his lower
parts and tyed and made him fast to the said Capsten and then and there
the said Cox (in a Cruell violent manner) did beate and strike the
articulate Watkins uppon the back and belly neere uppon twenty blowes
with a roape neere fower ynches aboute called a [?fore] sheate in such
extreamitie that he was mightly swelled and his fflesh became as
Black as a man hatt uppon which beatinge the said Watkins was
Constrained to keepe his Cabbin some 9 or 10 dayes and ly under the
(Chirurgeons
~~~
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Chururgeons hands ut dicit to this deponents sight he knowledge aliter nescit deponere.

Ad quintum dxx And he further sayeth That the articulate Watkins hath not
yet recoved strength in his limbs) nor health of body nor is ever likely
to recover the same in this deponents iudgement in such manner as to performe the
worke and labour of Shipwright or shipp Carpenter as formerly he
Could have done and performed before the said Cox had so Cruelly and
inhumanly beaten and abused him as is predeposed of aliter nescit deponere./

Ad sextum dicit et deponent That by reason of the Cruell and inhumane beatinge
and misusage of the aforesaid Watkins by him the articulate Cox the as is
articulate and predeposed of he the said Cox in this deponents iudgement hath all
a Continuall damage lyeing uppon him, and since the tyme Cannot
in this deponents iudgemte and sustaineth losse and damage to the valew of
100 li lawfull many of England at the least in this deponents iudgment aliter
nescit deponere./

Ad septimum nescit deponere./

Ad octavum dicit quod refert se ad Registrum huis Cure aliter nescit deponere./

Ad nonum dicit of at Rowest Robertiu in Regio Anglia arlat

Ad duodecimum refert se ad interrogate

Ad ultimum dicit predepoita proper eum esse vera.

Signum Johis
Vyner
P

repetit eadem die cora
Gome Port
----
12º Martij pred

Watkens contra Cox)
Gxxx ffish)

Richard fflawes porochia de Stepney Comitatu Middlesex nauta etats
38 annorum aut eo circiter testis in hac causa productus iuratus et examinat./
dicit et deponit prout sequitur videlicet.

Ad primum arlum libelli ex parte Watkins in hac causa datus et admissa dicit et deponit
That within the tyme articulate he this deponent was hyred to goe in the articulate shipp
the Cape and went Cooke in her voyage in question and that during all
the tyme that this deponent served in the said shippe the arlate William Cox
was Comonly xxxxxx reputed and taken to be master of the said shippe as this deponent
verely beleeveth he was because the said Cox take Care and government of
her and founde the said shipps Company victualls and did had observance from
the said shipps Company as master of shipps use to have aliter nescit deponere./

Ad secundum dicit That he this deponent et deponit That the articulate John Watkins
(did:
~~~
HCA 13/57 f.3v Annotate

did goe Carpenters Mate in and of this articulate shippe the Expedicon the
voyage arlate and was hyred to the same purpose (as this deponent verily
beleiveth by the articulate Cox; during which voyage he the said Watkins
did demeane and Carry himselfe with all due respect towards the said Cox
for ought this deponent (at any tyme perceived or heard to the Contrary and
did and performed suche worke as belonged to his Office and place in the
said shippe the Expedicon accordinge as made required and otherwise as he was
Comannded by the said Cox ut dicit aliter nescit deponere./

4ui et 5ui

Ad tertium arlum dictae allegationis dicit et deponit That the articulate shippe the
Expedicon (being uppon her intended voyage) was (by extreamitie of fowle
weather) driven uppon the Quoast of ffallmouth in Cornewall and that
anno prd
within the tyme articulate and in the month of September articulate ⁁ according to this
deponents best remembrance the said shippe the Expedicon rideing in the
harboure or port of ffallmouth aforesaid, the articulate William Cox did
then and there being or Cause him the said Watkins to be brought to
the Capsten of the said shippe and tyed and made fast thereto with bothe
his hands having nothing on, but his shirt and a payer of drawers about
his lower parts and in a most cruell and merciless manner did beate the said
Watkins uppon the back and belly giveing him about 15 or 16. stroacks with
a roape aboute 3 ynches 3 quarters aboute called a fore sheat All which
prmisses were done in this deponents sight and place without any fault comitted
or ocasion given by the said Watkins that this deponent sawe or heard
of And he further sayeth That by ther uppon by reason of the extreame
beatinge of him the said Watkins as is predeposed of he the said Watkins
did lye under the Chirurgeons hands within a forthnight or 3 weekes of all
the voyage afterwards and hath not yet recoved his health and strength
in his lymnes, neither Can he performe his laboure and worck of his trade
as formerly he did and Could have done as this deponent beleiveth aliter nescit
deponere. XXX

Ad sextum arlum dicti libelli dicit et deponit That By reason of the cruell
misusage and beating of the aforesaid Watkins by him the articulate Cox
and ffor that the said Watkins is not likely presently to recov the same
as to doe his laboure as hee hath formerly done gave this deponent verily
beleiveth the articulate Watkins hath sustained and shall sustaine damage to the valew
and some of 100 li lawfull mony of England at the least ut dicit aliter
nescit deponere./

Ad septimum
~~~
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4

Ad septimum pro parte sua nescit deponere.

Ad refert se ad [?XXXXXXX]

Ad dicit de Capeste [?subdium] [?huius] [?Regnia] Anglia

Ad decimum refert se ad interrogata

Ad ultimum dicit praedeposita proper eum esse vera

Signum Rich 'S' fflawes. [MARKE, RH SIDE]
----
13º Martij IUXTA [?xxx] 1640

Abcock et aliter contra Perey)
et al: Martyn Smith)

Thomas Vyner paroecia Sanctae Mariae Woollnoth Civitatis
Londini Aurifaber 52 annorum aut eo circiter testis
in hac causa productus iuratus et examinatus dicit et deponit
prout sequitur videlicet./

Ad primum 2. 3. 4. 5. 6. 7. et octavum ponem dicto allegaconis pro parte sua
dicit quod nescit deponere./

Ad nonum ponem dicto allegaconis dicit et deponit That within the monethes of
Aprill May and June this instant yeare of or Lorde 1640 ut [?meinant] hee
this deponent at his shoppe in Lambardstreet did buy of severall persons
stranngers whome he Conceived to be Spaniards or Portugalls eleaven Ingotts of
bought
golde and 600 double pistolets the vallew whereof amounted unto muche aboute 1600li and bought no more of any sort
of bullion plate or other things of the said stranngers to his best remembrance But whether the said parties
of whome he so bought the said gold and pistoletts were the parties menconed in
this article or not or whither the said golde and
pistolletts were brought home in the shippe the Dorset articulate from the
Somer Islands or from what other place this deponent sayeth hee for
his part knoweth not nor hath heard. aliter nescit deponere./

Sup reliquis [?XX] ponis et sched annex examinatus dicit quod nescit deponere./

Idem ad Interrogatoria./

Ad primum respondet That he was warned to bee examined in this Cause by an Officer
of this Court. That he hath noe relacon to the parties in suite aliter nescit respondere/

Ad secundum et reliqua interrogate et sched [?XXX] annex nescit respondere

Tho: Vyner [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.4v Annotate

13º Martij 1640 iux et cetera

Pro nave ye Anne./

1s

Rs. E. B.

Ralphe Browne of the parishe of Alhallowes Barckinge London
aged 49 yeares or thereabouts sworne before the worshipfull Willmj
Sames Doctor of Lawes and Surrogate to the righte worshipfull Sir
Henry Marten Knighte Judge of his Majestiets highe Courte of the Admiralty
being examined saieth and deposeth

That aboute six weekes
since at Rotterdam in Holland hee this examinate for his owne proper
use did by a certaine Dutch or fflemishe builte hoye of
the burthen of aboute 15 tonnes which vessell is yet
at Rotterdam fittinge to goe to sea and is nowe called the
Anne of London and doth solelye and properlye belonge and
appertaine unto him this examinate whoe is an Englisheman
borne and a subiecte to the Kinge of England, And noe
strannger or forrainer hath any intereste with him
this examinate in the said vessell, And hee further saieth that
hee is nowe resolved to returne backe to Rotterdam and to
fetch the said vessell therehense, and shee coste him at the
firste fortye five pounds sterlinge and will as hee conceiveth
stand him in five or six poundes more before hee cann
bringe her therehense: And this hee affirmeth uppon his oath to
bee true./

The marcke
of [MARKE] Ralphe Browne./ [MARKE, RH SIDE]
----
die pred./

2s.

Rs. E: B

Thomas ffreeman of Wappinge in the County of Middlesex marriner
aged aboute 32 yeares sworne, and examined as aforesaid saieth and
deposeth as followeth videlicet

That aboute six weekes since hee
this examinate beinge then at Rotterdam was present and sawe when
his preconteste Ralphe Browne for the use of himselfe as hee said
did there bargaine for and buy a certaine small vessell
dutch builte of the burthen of aboute 15 or 16 tonnes, nowe called
the Anne of London, which vessell coste the said Browne
the firste penny neere upon fortye five poundes sterlinge and is at yet
at Rotterdam fittinge to goe to sea and will as hee conceiveth
coste and stand the said Browne in five or six poundes more
before hee cann bringe her therehence And that vessell doth
as hee verilye beleeveth solelye and properlye belonge and appertaine
unto him the said Browne whoe is an Englisheman borne
in yorckshire as hee hath heard, and a subiecte to the Kinge of
England and noe strannger or fforrainer as hee conceiveth
and beleeveth hath any intereste with him the said Browne in the
said Vessell And the said Browne is nowe resolved and ready to
goe over to Rotterdam to fetch the said vessell therehence and hee this examinate is to
(goe
~~~
HCA 13/57 f.5r Annotate [CHECKED]

goe over alsoe with him and to assiste him therein And this hee
affirmeth uppon oath to bee true./

Thomas freeman [SIGNATURE, RH SIDE]
----
die pred

3s

Rs. E. B

Stephen Barge of Alhallowes Barckinge London marriner
aged aboute 44 yeares sworne and examined saieth and
deposeth

That at Rotterdam in Holland aboute six weekes
since hee this examinate was present and sawe when Ralppe
Browne of London marriner did as hee said for his
owne proper use bargaine for and buy a certaine small
vessell of the burthen of aboute 15 or 160 tonnes, nowe called the
Anne of London, which sayd vessell is fflemishe builte and yet
remaineinge at Rotterdam but the said Browne nowe ready
bounde out to Rotterdam to fetch her therehense and hee this
examinate alsoe to goe alonge with him thether to helpe to assiste
him therein and the said vessell coste the said Browne
in the firste penny neere a sterlinge and will stand him
in neere uppon 5 or 6 poundes more as hee this examinate conceiveth
before hee cann bringe her therehense shee lyeinge there to bee
fitted of some necessanes which shee wanteth to helpe to sett
her forth to sea And this hee affirmeth uppon his oath to bee true
further addinge that hee verilye beleeveth the said vessell doth nowe
solelye and properlye belonge and appertaine unto him the said
Browne and that noe strannger or forrainer hath nowe any
intereste with himin the said Vessell./

The marcke
of Stephen '+' Barge [MARKE, RH SIDE]
----
23º Martij 1640

Pro magro Blackell)
Yeo)

debt

ffrancis Surton of Wappinge in the County of Middlesex nor
shippewrighte aged aboute 27 yeares of age sworne before the worshipfull
William Sames Doctor of Lawes Surrogate to the righte worshipfull Sir
Henry Marten Knighte alsoe Doctor of Lawes and Judge of his Majestiets
highe Courte of the Admiralty being examined uppon certaine
interrogatories ministred to him on the behalfe of William Blackall of
Exeter merchante saieth and deposeth thereto as followeth videlicet./

To the first second and the reste of the Interrogatories in this behalfe
ministred hee saieth and deposeth that aboute twoe monethes since
the tyme more certainelye hee remembreth not hee this examinate beinge
then at Dunquercke did often tymes meete and drincke with one
John dyer Master of an Englishe shippe called as the said dyer told
(him
~~~
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him this examinate the Hopewell of ffallmouth and amongste other discourse which
this examinate had with the said dyer, this examinate questioneinge
and askeinge him whoe
were his merchants and from whence hee came and wheither bound
or what busines hee had there, the sayd dyer told him that
hee was laden with tobaccoes and other goodes which belonginge to one
master Blackall of Exeter merchante, which goodes hee had taken with
ffallmouth and was to carry to Rotterdam whether
his said shippe was bounde, but withall told him that in his
course from ffallmouth directlye towards Rotterdam his said
shippe with the said goodes in her belonginge to the said
Blackwall was sett uppon intercepted, surprised and taken
by a certaine Dunquercke ffrigott and by the Captaine
and Company thereof broughte in theither, and that they
had there made prize of the shipp and her ladeinge, and at the same
tyme this examinate alsoe haveinge some speech with a younge
man (his name hee remembreth not) whoe was sayd to bee the said
Blackalls ffactor appointed for the disposall of the said
goodes at Rotterdam aforesaid that younge man told him that at
theire firste takeinge they were ill used by the Dunquerckers
and that at theire comeinge to Dunquercke some
of them were imprisoned there And more for his parte to these
interrogatories hee cannott depose onelye hee saieth that the
foresaid younge man and the master of the said shippe did
both of them tell him this examinate that they had peticoned the
Lords at Dunquercke and used all other meanes that they could
for the recovery of the said shippe and goodes but could gett
noethinge but the shippe againe

ffrancis Sturton [SIGNATURE, RH SIDE]
----
die pred

2.s p Blackall.

Hughe Balch of the Citty of Exeter merchante aged aboute
22 yeares sworne and examined as aforesaid saieth and
deposeth to certaine interrogatories ministred to him on the behalfe of
Willm Blackall of Exeter merchante as followeth videlicet./

To the first, second third and the reste of the Interrogatories
hee saieth That in the monethes of December and January
laste paste at ffallmouth in England there were laden and
shipped aboard the shippe called the Hopewell of ffallmouth of
which one John dyer was was Master, to the quantity of neere
uppon fifty five thousand weighte of Saint Christophers tobaccoe
in rolls, and twoe sacks of cotten wooll
for the accounte and adventure of master William
Blackall of Exeter merchante to bee transported from ffallmouth
~~~
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6

ffallmouth aforesaid to Rotterdam, and there to have bine solde and
disposed of for the use and benefitt of the foresaid William
Blackall whoe is an Englishman and a subiecte to
the Kinge of England and to whome of righte the same goodes
did belonge and appertaine, but the said shippe the
Hopewell with the said goodes in her, in her direct course
from ffallmouth aforesaid towards Rotterdam a little off the Northforland
uppon the 16th daye of January laste in the asternoone
aboute five of the Clocke was sett uppon by a Dunquercke
ffrigott (of which one Lawrence Cooleinge was sayd to bee
Captaine or Comander) and by that ffrigott and her
Captaine and Company intercepted and taken and carried
to Dunquercke where the tobaccoes were unladen and

taken out of the said shippe the Hopewell and
condemined and adiudged prize to the takers and there
solde and disposed of but the shippe and the cotten wooll
redelivered the master againe, and when those Dunquerckers firste
sett uppon and tooke the said shippe and goodes as they were
carrieinge of them into Dunquercke they beate and
molested him this examinate
and after they came to Dunquercke
there put him this examinate the master, and twoe more of the
Company in severall prisons a parte one from the other and
there kepte them for the space of 3 or 4 dayes and in that
tyme misused and abused him this examinate throweinge him downe
uppon the grounde and then beateinge him with a rapier or
sworde And
as soone as
hee was out of prison hee this examinate on the behalfe of the said
Blackall to whome the said tobaccoes did belonge did see an
advocate to defende the suite there againste the said tobaccoes comenced by the takers and
did use and endeavor there all other meanes which hee was
advised to by his Counsell or otherwise could thincke of by save and keepe the said tobaccoes
from confiscacon and yet notwithstandinge the said tobaccoe was
condemned and noe satisfaccon given for the same, and that
tobaccoe coste and stoode the said Blackall in at the tyme of the
shippinge thereof at ffallmouth aforesaid togeather with the chardges
uppon shippinge the same sixteene hundred poundes sterlinge at
the leaste which hee knoweth to bee true beinge ffactor for the
said Blackall in a voyage to the West Indies when hee provided
the said tobaccoe and broughte the same therehence to ffallmouth
(aforesaid
~~~
HCA 13/57 f.6v Annotate [CHECKED]

aforesaid in a shippe of Topsham called the Peter and was alsoe
nowe appointed ffactor for the disposall thereof at Rotterdam
aforesaid and thereby knewe the chardges and value
thereof And this hee affirmeth uppon oath to bee true./

Hugh Balche [SIGNATURE, RH SIDE]
----
die pred

3s. per Backall./

William Blackall of Exeter merchante aged 40 yeares
sworne and examined saieth and deposeth That
in the monethes of December and January laste paste at ffallmouth hee
this examinate did cause to bee shipped and put aboard the
shippe called the Hopewell of ffallmouth of which one
John dyer was master) for his owne accounte and adventure
to the quantitye of above fifty odd thousand weighte of
tobaccoe which came from the Caribda Islands and the
places neere thereabouts, which (all chardges accounted) coste and
stoode him in betweene 17 and 18 hundred pounds sterlinge little more or lesse and
twoe baggs of cotten wooll, to bee carried and
transported in the foresaid shippe to Rotterdam, and that
uppon or aboute the nyneth daye of
January laste the said shippe with the said tobaccoes and cotten
woll in her departed and sett saile from ffallmouth
for Rotterdam but as hee is alsoe informed by his
ffactor and servant hughe Balche whome hee had
appointed and placed to saile in the said shippe to Rotterdam
aforesaid and there to have disposed of and solde the said goods
for the accounte of him this examinate as alsoe by a coppie of the
adiudicacon or sentence given at Dunquercke the said shippe
with the said tobaccoes and cotten wooll in her, in her directe
course towards Rotterdam was sett uppon by a certaine
ffrigott of Dunquercke of which one Lqawrence Cooleinge was
Comannder, and intercepted and taken and after the takeinge
thereof carried to Dunquercke and there the said tobaccoes
taken out of the said shippe and landed and afterwards condemned
and addiudged prize to the takers notwithstandinge all the
meanes that his said ffactor did or could use procure, or made
to hinder and prevente
the same and as hee hath bine informed those Dunquerckers did
after they had surprised and taken the said
shippe and goods, and that the said tobaccoe after the adiudicacon
or condemnation thereof was solde and disposed of by the takers whoe have not given him
this examinate any satisfacon for the same
And this hee affirmeth uppon his oath to bee true

W Blackall [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.7r Annotate [CHECKED]
7

25º Martij 1641

Negotiu examinaconis)
testiu ad perpetua rei)
memoria ex parte magri)
John Harris et soc)
proprietarioru navicula)
vorat the John de Lyme)

1s

Rs. E. B.

Simon Baylye of Lyme in the County of Dorsett
marriner aged aboute 52 yeares sworne before the worshipfull
Willmus Sames Doctor of Lawes and Surrogate to the righte
worshipfull Sir Henry Martyn Knighte alsoe Doctor of Lawes and
Judge of his Majesties highe Courte of the Admirallty beinge
examined saieth and deposeth

That uppon Satterday laste
was a seavenighte (beinge the 13th daye of this instante March)
the shippe called the John of Lyme aforesaid (of which hee this examinate
then was and still is master) laden with lynnen Cloth which
shee had taken in at Murloies in ffrannce to bee transported
therehence to this Porte of London and here to bee delivered to
severall merchants (to whome the same was consigned in her
course from Murloies aforesaid towards London (as directe as
wynde and weather would permitt) a little off the Ile of
Weighte uppon the Englishe Coaste aboute eighte of the
clocke in the morneinge mett with a violent storme and tempeste
which continued for the space of 12 or 14 howers in that
extreame and violent manner that the sayd shippes provision
which laye uppon her decks in Caske was washed away with the
sea, and they were fainte for preservacon both of shippe and goodes
and theire owne lives to caste out and make all the Anchors
and Cables they could and in that storme loste one Anchor and
Cable, and the said shippe did then springe a leake in soe
much that in case any damage or wett did happen or come to
any of the said shippes ladeinge that voyage the same happened
and came by reason of the foresaid storme and the continuance
thereof and the leake which the said shippe thereby sprunge and
not by or throughe any insufficiency in the said shippe or faulte
or neglecte in him this examinate the master of her or any of his
Company for that the said shippe before that leake happened
the said shippe was a stronge, staunch and sufficiente shippe for
the voyage in question and they all did use and applie the beste
meanes and endeavors they could to save and preserve her and
her ladeinge as alsoe theire owne lives all which as hee beleeveth
had otherwise perished in the sea and this hee affirmeth uppon
oath to bee true giveinge a reason of his knowledge as aforesaid

Simon Bayly [SIGNATURE, RH SIDE]
----
die pred

2s

Rs. E. B

Abraham Samforde of Lyme in the County of Dorsett
thirteeneth day of March laste this instante March aboute seaven
marriner, aged aboute 22 yeares sworne and examined as aforesaid
saieth and deposeth as followeth videlicet

That uppon or aboute the
thirteenth day of this instant March aboute seaven
(of
~~~
HCA 13/57 f.7v Annotate [CHECKED]

seaven of the Clocke in the forenoone there happened a very violente
storme and tempeste which continued all that day untill neere
seaven of the Clocke in the eveninge in a moste violent and
extreame manner, in which storme and tempeste a certaine
shippe called the John of Lyme (of which one
Simon Baylye was Master) laden with lynnen Cloth which shee
was laden aboard her at Murloies in ffrannce to bee broughte
to London was in greate Dannger of beinge driven a shoare
neere the Isle of Wighte looseinge as hee was told by some of her
Company one of her Anchors and Cables and in that
storme as the Company alsoe tolde him this examinate after the said
storme and tempeste was over hee beinge one of the Company
of another shippe then in Company with the said shippe the
John) the said shippe the John did springe a leake in soe
much that hee conceiveth in case any of the said shippes ladeinge
that voyage bee dampnified by wett the same damage
happened and came by reason of the foresaid storme and
tempeste and the leake which the said shippe thereby sprunge and
not by any faulte or insufficiency in the said shippe or neglecte
in her Master or Company for that before that storme
and tempeste happened the said shippe was accounted and taken to bee
a very stronge staunch and sufficiente shippe, and hee beleeveth her
Companye did theire beste endeavors aswell to save
the said shippe and her ladeinge as there owne lives for that if the said shippe
had bine caste awaye they had all bine in greate dannger of
drowneinge And this hee affirmeth uppon his oath to bee true./

Abraham Samford [SIGNATURE, RH SIDE]
----
de pred./

3s

Rs. E. B.

William Smith of Lyme in the County of Dorsett marriner
aged aboute 24 yeares sworne and examined as aforesaid
saieth and deposeth

That uppon Satterdaye the 13th of this
instante March aboute 7 of the Clocke in the morneinge there
happened a very violent storme and tempeste in which storme
and tempeste the shippe called the John (Simon Baylye master
laden with lynnen Cloth which shee had taken in at Murloies in
ffrannce to bee delivered here at London, loste an anchor
and Cable, and sprunge a greate leake, and was in dannger of
beinge caste away, and in (the said shippe beinge then neere
the Isle of Wighte) and in case any if the said shippes
ladeinge was that voyage dampnified by wett the same came
meerely by reason of the foresaid storme and tempeste and the
leake which the said shippe did thereby springe and not by
(reason
~~~
HCA 13/57 f.8r Annotate [CHECKED]

reason of any insufficiency in the said shippe or faulte or neglecte
in her master or any of his Company for that before that
storme and tempeste and leake aforesaid happened and
fell out the said shippe was a very stronge staunch and
sufficient shippe and her master and Company did use
the beste and safeste wayes and meanes they could to preserve
both shippe and goodes which otherwise hee beleeveth had bine
loste and perished in the sea, another shippe which was in theire
Company and rodd hard by them which beinge caste away at the same
tyme, And this hee affirmeth uppon oath to bee true beinge
one of the Company of the John aforesaid the foresaid voyage

William [?Smeth] [SIGNATURE, RH SIDE]
----
25º Martij 1640

2s Woodward

debt Santlye

William Willoughbye of Stepney in the County of Middlesex
mrchante aged aboute 53 yeares sworne before the worshipfull Willmj
Sames Doctor of Lawes soe beinge examined uppon certaine
interrogatories ministred to him on the behalfe of Richard Woodward and
Company saieth thereto as of as followeth videlicet/

[THIS ENTIRE RESPONSE TO THE INTERROGATORY IS CROSSED OUT] To the 4th Interrogatory hee saieth that hee this examinate was not at the
Barbadoes or Caribda Islands interrogate when the interrogate shippe
the John and Thomas are departed therehense but saieth that within
these twelve monethes there hath divers severall parties arrived and come
into England all or some of whome as hee this examinate
with them
amongste other discouses hath heard confesse and saye, were
at the Barbadoes at the same tyme when the said shippe the
John and Thomas departed therehense some whereof were John
Hawes liveinge in Ratcliffe master of the shippe called the Love, one
Punte Masters Mate of the said shippe the Love liveinge alsoe at
Ratcliffe or Lymehouse one Mr B[?X]rlye late Purser of Planter liveinge in Marshe Lane and others whose names hee cannot
at presente remember

To the 4th hee saieth That hee this examinate was not at the
Barbadoes or Caribda Islands, when the interrogate shippe the John
and Thomas departed therehense, but saieth that hee hath
heard say one me John Hawes of Ratcliffe marriner late master
of the shippe called the Love one Punte Masters mate of the said shippe
alsoe of Ratcliffe or Lymehouse and one ffrancis Crake of Wappinge Wall purser of the same shipp and one master Burlye
late purser of the shippe the Planter and divers others
within these 12 monethes whose names hee cannott at present
remember, whoe were at the
Barbadoes when a shippe of master Brants laden with Cotten
her name hee knoweth not departed therehense but the severall
tymes of theire arrivall here in England therehence hee knoweth not
And more hee cannott depose to this Interrogatory/
~~~
HCA 13/57 f.8v Annotate [CHECKED]

To the 5th. 6th 9th and 8th hee saieth that for his parte hee
cannott depose onelye hee saieth that uppon or aboute the
laste daye of July interate this examinate received a letter from 
one Peter George a ffactor at the Barbadoes sente theither by
him this examinate and Company for the ladeinge of
a shippe of theires appointed to carry cotten wooll to Genoa
there to bee disposed of for 
theire accounts wherein the said
stronge did write and intimate to him that there was a
certaine shippe laden with cotten wooll
belonginge to one master Brandt which beinge dispatcht
therehence before theire shippe was laden there and departinge
from the place where shee had taken in her ladeinge intended for England and puttinge
into some other places uppon or neere that Islande and
there [?XXXeing] the factor or merchante and some others
a shoare, hee feared would goe to Genoa (wheither this
examinate and Companye had designed theire shippe) on purpose
to prevent them and gett the better of the marckett which
shippe as hee hath since heard did saile to Genoa and there
arrived And more for his parte to these interrogatories hee
cannott depose./

William Willoughby [SIGNATURE, RH SIDE]
----
29º Martij 1643

1s pro Howland

Rs. E. B

Jefferrie Howance of the parishe of Saint Dennis backhurch
London grocer aged aboute 47 yeares sworne before the worshipfull
William Sames Doctor of Lawes and Surrogate to the righte
worshipfull Sir Henry Marten knighte Judge of his Majesties highe Courte of
the Admirallty being examined saieth and deposeth

That uppon
or aboute the 4th of December laste parte hee this examinate for
the accounte and adventure of himselfe and Ambrose Brumstell of London merchante did cause to bee shipped aboard
the shippe called the Josephe of London (John  Warrner master)
then in the River of Thames twentye five hogsheads of
good Virginia tobaccoe marcked as in the margente containing
neate weighte seaven thousand twoe hundred
and thirty pounds eighte little more or lesse to bee carried and
transported in the said shippe from hence to Rotterdam
and there to bee solde and disposed of for the use and
benefitt of him this examinate and the said Brmstell whoe are both Englishmen borne and subiects to the Kinges Majestie
of England and to whome of righte the same belonged, but the
said shippe as hee is informed with the said tobaccoes amongste
(other
~~~
HCA 13/57 f.9r Annotate

R
no
other goodes ⁁ was in her course towards Rotterdam sett uppon
intercepted and taken by certaine Dunquerckers and the carried
as hee is soe informed
to Dunquercke where the said tobaccoe was unladen and taken out
of the said shippe and there confiscated and adiudged prize to
and yet they hange
the taker and this get hath received noe sett satisfaccon for
the same, and the same at the tyme of the takeinge thereof
caste and stoode then was well worth twoe hundred and eighty
poundes sterlinge, and would have yeelded uppon the delivery
neere thereabouts
thereof at Rotterdam aforesaid three hundred poundes sterlinge or a
all chardges abouted And the same beinge solde to one master
Holland an Englishe mrchante there residente at and pounde
had proper pound cleere of all chardge uppon the delivery
thereof And this hee affirmeth uppon oath to bee true.
Jeffere ffowland
----
die pred

2 p Brand

R E B

John Warren to the parishe of Alholles Barkinge London
mariner aged aboute 48 yeares sworne and examined as
aforesaid saieth and deposeth as followeth videlicet 

That in
December laste paste whileste the shippe the shippe the Josephe
(of which hee this examinate was then master) was in the River of
Thames outwards bounde uppon a voyage to Rotterdam, there
were 25 hogsheads of Virginia Tobaccoe marcked as in the margent
laden and put aboard the said shippe to to bee carried by the
order and appointment of one master Howland of London
grocer to bee transported and carried in the said shippe to Rotterdam
aforesaid and there to bee delivered to one master William Holliday
any English merchante there residente but to whome the said tobaccoes
did really and properlye belonge hee saieth hee knoweth not but
conceiveth they did belonge either to the said Holland the lader
Howlande
thereof or the said Hollanday the parte to whome they were consigned
whoe are both Englishmen and subiects to the Kinge of England
but the said shippe with the said tobaccoes amongste other goodes
in her in her course towards Rotterdam aforesaid was uppon or
aboute the th of Januarye laste paste English stile a little
of the Marth foreland mett with and sett uppon by a fight
of Dunquercke whereof one Captaine Peter was Comannder
and by them in that ffrigott intereated and taken and
carried to Dunquercke where the said tobaccoes were unladen at
and rotten out of the said shippe and afterwards confiscated and
adiudged prize to the taken and noe fast satisfaccon given for
the same And this hee affirmeth uppon oath to bee true beinge master
of the said shippe the Josephe the said voyage and at Dunquercke

John Browne
Tomas Jane in younge is an or
now topp to ye or to to my in contra this
Joshe
B
~~~
HCA 13/57 f.9v Annotate

29º Martij 1647

Rs. E. B.

Rowland Baker of the parishe of Saint Peters advincula London
mrchante aged aboute 30 yeares sworne before the worshipfull Willmj
Sames Doctor of Lawes Surrogate to the righte worshipfull Sir
Henry Marten knighte Judge of his Majesties highe Courte of the
Admiralty of England being examined saieth and deposeth that

September
in December ⁁ laste parte hee this examinate, Hills Whittingham
and James Hill of London mrchantes did by articles under
theire hands and seales contracte and agree with one William
Kearse of the presencte of Saint Catherines Marriner to goe
over to Dunquercke or some other place neere there aboute
there
at the best advantage hee could
and ⁁ buye a shippe for them and to bringe her therehence for
of Thames
England into the River ⁁ And accordinglye the said Kearse
did goe over firste to Dunquercke and afterwards to Newporte
in fflannders where hee boughte a certaine shippe or vessell
fflemishe builte
of the burthen of aboute sixtye tonnes fflemishe builte for
the use and accounte of him this examinate and partners aforesaid
and after hee had boughte the same hee broughte her over into
the River of Thames where shee is yet remaineinge but bounde
uppon a voyage
out from hence to Limbacke in Ireland and the said shippe
in
coste and stoode them ⁁ firste and laste three hundred pounds
sterlinge and is nowe called the Swan of London and doth
solely and properlye belonge and appertaine unto him this examinate
and partners aforesaid and one master John Cluffe of London
gen all Englishmen and subiects to the Kinge of England
and noe strannger or fforainer hath any intereste with them
in the said shippe and the said William Kearse is
appointed to goe master of the said shippe the said voyage And
this hee affirmeth uppon his oath to bee true

Row Baker
----
dicto die

Rs. E. B.

William Keats of the precincte of Saint Catherines
neere the Tower of London marriner aged aboute 48 yeares
sworne and examined as aforesaid saieth and deposeth as followeth
videlicet

That in December laste September last paste one
master Rowland Baker, and master Hills Whittingham and master
James Hill of London mrchants did by articles under theire
handes and seales covenante and agree with him this examinate
to goe over to Dunquercke in fflanders or some other place
neere thereaboutes, and there to buy a shippe for them and
afterwards to bringe her therehence to London into the River
of Thames to London and accordinglye hee this examinate
(aboute
~~~
HCA 13/57 f.10r Annotate [CHECKED]
10

the same tyme did goe over firste to Dunquercke and afterwards
to Newporte in fflannders aforesaid where hee boughte a certaine

shippe or vessell fflemishe builte of the burthen of aboute sixty tonnes for the use
and benefitt of the foresaid Baker, Whittingham, and Hills
and after hee had boughte the same and fitted
her to goe to sea hee broughte her therehence into the
River of Thames and the said shippe or vessell hee saieth is
fflemishe builte and is nowe called the Swann of London and
coste him this examinate at Newporte aforesaid for the
owners thereof at the firste the sume of one hundred and fifty
poundes sterlinge since which tyme hee beleeveth they have
bestowed almoste as much more uppon her to fitt and make her
ready for to undergoe her nowe intended voyage which is from this
Porte of London to Limbricke in Ireland which hee knoweth to
bee true for that hee this examinate is appointed to goe master of her
and shee and her tackle and furniture doth nowe as hee
conceiveth solelye and properlye belonge and appertaine unto
them the foresaid Baker Whittingham, and Hills whoe are Englishe
men, and subiects to the Kinge of England and Inhabitants in
and aboute the Citty of London and noe strannger as hee beleeveth
hath any intereste with them in the said shippe or vessell And this
hee affirmeth uppon oath to bee true/

William Keais [SIGNATURE, RH SIDE]
----
3º Aprilis 1649

Quoad Henrici Gras et soc)
and nave the Hope et)
bonis in eadij ppe)
Ilforde Combe delaverat)

Timothie Crusoe of the parishe of Saint Helines London
mrchante aged aboute 47 yeares sworne before the
worshipfull Willmj Sames Doctor of Lawes and Surrogate to
the righte worshipfull Sir Henry Marten knighte Judge of his Majesties
highe Courte of the Admiralty being examined saieth and
deposeth

That since the 18th of January laste parte hee this
examinate hath received advise by severall letters from one mr
Abraham Jennings of Plymouth merchante and one Henry
Gras of Amsterdam merchante the contents whereof hee beleeveth to
bee true That in or aboute January laste paste amongste other
disasters which then happened to divers shippes then at sea a
certaine shippe called the Hope of Lubecke of which Daniel
Lembkyn is or then was master laden with wynes and fruite
which were laden and taken aboard at Mallega in her course
from Mallega towards Amsterdam whether shee with the said wynes
and fruite was bounde was in a storme driven a shoare
at or neere a place called Ilfordcombe
(in
~~~
HCA 13/57 f.10v Annotate [CHECKED]

in the County of Devon and their splitt and beaten in peeces
but a greate parte of the goodes

in her saved and preserved as alsoe the master and some his company and that the same did at the
tyme of the misffortune aforesaid solelye and properly belonge and
appertaine unto the said Gras and Company And this hee
affirmeth uppon his oath to bee true./

per Timothie Cruso [SIGNATURE, RH SIDE]
----
dicto die [CENTRE HEADING]

Idem Timotheus Cruso testis iuratus et examinatus deponit
et dicit

That uppon the 22th of March laste paste
hee this examinate received a letter from mr Abraham Jennings
of Plymouth merchante dated at Plymouth the 19th of
the said monethe of March wherein the said Jennings doth
intimate to him that uppon Monday the 15th of the
said moneth of March a shippe called the Endracht
of Schedam in Holland laden with sugers and other
goodes belongeinge the
Holland West India Company was
casually or negligently caste away uppon the Rocks neere
a place called [?Ruine] heade in the County of Cornewall
but parte of the said shippes tackle and furniture
of her Company saved and preserved and
the contents of that letter hee beleeveth to bee true And
this hee affirmeth uppon oath for truth

Per Timothie Cruso [SIGNATURE, RH SIDE]
----
6º April 1641

Edward Beane of Margett in the County of Kente
marriner aged aboute 50ty yeares sworne before the worshipfull
Willimus Sames Doctor of Lawes Surrogate to the righte worshipfull
Sir Henry Martyn knighte Judge of his Majesties highe Courte of the
Admiralty beinge examined saieth and deposeth

That aboute
fowerteene monethes since hee this at
Margett in Kent aforesaid hee this examinate did buy of Nicholas
Woollman of Margett aforesaid merchante and Humphry Pudner
of the same Beere Brower a certaine vessell called the
John of Margett of the burthen of aboute twenty tonnes
fflemishe builte and formerlye boughte by them at Ostend
in fflannders which vessell is nowe in the River of Thames
but alienated and solde by him this examinate to Elias ffoxe of
Wappinge in the County of Middlesex marriner an Englishman
(borne
~~~
HCA 13/57 f.11r Annotate [CHECKED]
11

borne and a subiecte to the Kinge of England, to whome shee doth nowe
as hee conceiveth solelye and properlye belonge and appertaine
And this hee affirmeth uppon his oath to bee true./

Signum
Edwardi '+' Beane [MARKE, CENTRE]
----
die pred [CENTRE HEADING]

Elias ffoxe of Mayninge in the County of Wappinge in the
County of Middlesex mariner aged aboute 43 yeares sworne and
examined as aforesaid saieth and deposeth

That yesterday hee
this examinate did (for a valuable
considerate=con in that behalfe agreed uppon bargaine for and by of his preconteste Edward
Beane of Margett in the County of Keate marriner a certaine
small vessell called the John of Margett aforesaid of the burthen of
aboute twentye tonnes and fflemishe builte, which vessell as hee
was told by the said Beane was formerlye boughte at
Ostend in fflanders and broughte over from thence to Margett
and there bought by him the said Beave of those that
first boughte her at Ostende and the said vessell is nowe
in the River of Thames and is nowe called by him this examinate
the John of London and is bounde out from London to Sunderland
and from thence backe againe to London in the service and
imployment of him this examinate whoe is an Englishman borne and
a subiecte to the Kinge of England and to whome the said vessell doth solelye and properlye belonge appertaine and noe strannger
or fforainer hath any intereste with him this examinate in the said
Vessell, and hee doth intende to goe out master of her in
this her intended voyage And this hee affirmeth uppon his
oath to bee true./

Signum
Elias '++' ffoxe [MARKE, CENTRE]

----
8º Aprilis 1641


Negotiu examinacionis testiu)
ex parte Richard Tayler)
et soc)

1s

Richard Gunn of the parishe of Saint Mary Hill
London ffishmonnger aged aboute 42 yeares sworne before
the worshipfull Thomas Rives Doctor of Lawes and Surrogate to
the righte worshipfull Sir Henry Marten knighte Judge of his Majesties highe
Courte of the Admirallty beinge examined uppon certaine
Interrogatoryes ministred to him on the behalfe of Richard Tayler
and Company the master and owners, or ffraighters of a certaine
shippe called the Castle saieth and deposeth thereto as
followeth videlicet./

To the said Interrogatorie hee saieth that at Saint Lucars in Spaine
in the laste voyage of the interrogate shippe the Castle thether, there
(was
~~~
HCA 13/57 f.11v Annotate [CHECKED]

was laden aboard the said shippe for the accounte and adventure of
him this examinate one hundred and one chests of oringes and lemons
to bee transported from thence to this Porte of London, and here to
Be delivered to him this examinate or his assigne accordinge to a bill
of ladeinge in that behalfe made of which said one hundred
and one chests of oringes and leamons hee this examinate never
received but to the quantitye of sixtye Chests the reste as he
was and is informed by the master and others that were in
that shippe that voyage beinge in the passage of the said shippe
from Saint Lucars aforesaid towards London for the
of the said shippe and the residue
of her ladeinge amongste other goodes of the same nature
the said shippe beinge chased by Turcksmen of warr were throwen
over board into the sea, and loste, and those oringes and
leamons which were soe loste accordinge to the rates and prices that those that
hee received herein London after the said shipps arrivall here
were worth and would have produced and yeelded sixty fower
poundes, eighteene shillings and six pence little more or
lesse as neere as hee cann callculate the same And this
hee affirmeth uppon his oath to bee true./

Richard Gunn [SIGNATURE, RH SIDE]
----
dicto die./

2 Tayler

Thomas Child of the parishe of Saint Mary hill London
Vintner aged 30 yeares sworne and examined as aforesaid
saieth and deposeth as followeth videlicet./

To the interrogatories in this behalfe ministred hee saieth and
deposeth That as appeares by bill of ladeinge under the
hand of Richard Tayler master of the interrogate shippe
the Castle there were laden aboard the said shippe at
Saint Lucars in Spaine for the accounte and adventure of
this examinats ffather Alexander Childe fortye three butts of wyne
and one hundred and twenty three Chests of Oringes and
leamous to bee transported in the said shippe from Saint Lucar
aforesaid to this Porte of London, of which said wyne and
oringes and leamons soe laden aboard the said shippe
there were delivered out of the said shippe to his said
ffather or his assigne but fortye three butts of wyne
and one hundred and twoe Chests of oringes and leamons
the reste as hee was and is informed by the master and
other of that shippes Company beinge in the said shipps
(passage
~~~
HCA 13/57 f.12r Annotate [CHECKED]
12

passage from Saint Lucars aforesaid towards London amongste
other goodes of the same Kinde and nature the said shippe beinge
in danger of certaine Turckmen of warr which came upp with the said shippe caste and throwen over board
to lighten the said shippe thereby to escape those
Turcksmen of warr of which said oringes and leamons
loste and threwen over board eighte
of them were sweete leamons eighte fower leamous and five
Oringes as by the marcks of the Chests appeareth and they were worth and would have yeelded 
one with another accordinge
to the rate the reste which were delivered and received here in
London in case they had proved as goode as they did and had bine here
safe delivered for as neere as hee this examinate cann calloulate
the same togeather with the Chests fifty one poundes, twelve shillings and eighte pence
sterlinge money videlicet the sweete leamons 37li 10s the sower
leamons 14li 7s 6d the oreinges 7li 2s 8d and 2li 12s 6d the
Chests, And this hee affirmeth uppon oath to bee true./

Thomas Childe [SIGNATURE, RH SIDE]
----
9º Aprilis 1641

3s Tayler/

Thomas Leere of the parishe of Saint Olaves Hartstreete London
merchante aged aboute 32 yeares sworne before the worshipfull Willimius
Merricke Doctor of Lawes surrogate  and examined as aforesaid sayeth
and deposeth as followeth videlicet/

To the firste Interrogatory in this behalfe ministred hee saieth That
the interrogate schedule nowe shewed to him this examinate at the
tyme of this his examinacon is an Inventary or noate extracted
out of the masters booke of accounts which hee kepte of the goodes
laden aboard the interrogate shippe the Castle Richard Tayler
master in this her laste voyage from Saint Lucars which hee knoweth
well to bee true for that hee this examinate was one of those that was at
the makeinge upp or extractinge of the same, and the goodes
therein menconed were as hee conceiveth worth the severall somes
of money in the said schedule expressed, this examinats goodes beinge
parte of the said goodes schedulated and hee vallueinge the reste
of the said goodes accordinge as hee doth his owne which are of the
same kinde and nature, and the shippe and fraighte hee alsoe
conceiveth to bee worth in vallue the said respective somes of money
sett downe and expressed in the said schedule for the same And
this hee affirmeth uppon his oath to bee true beinge one of those
that was in the said shippe the voyage in question

To the second Interrogatory hee saieth and deposeth That in the foresaid
shipps course or passage from Saint Lucars where the said shippe
was laden the voyage in question towards this Porte of London uppon
(or
~~~
HCA 13/57 f.12v Annotate [CHECKED]

or aboute the 4th of ffebruary last paste stilo Angia aboute
sixtye leagues to the Westwarde of Cape Saint Vincent shee 
was chased and sett uppon by seaven Turcks men
of warr and the master of her and his Company by the advise of
him this examinate and other merchants then in the said shippe whoe had
goodes alsoe her and for the preservation
of the said shippe and the reste of her ladeinge and theire lives
beinge in greate dannger of takeinge by those Turcks men of warr
in the nighte tyme as they confessed and as did afterwards
appeare take and threwe over boarde into the sea to the
quantitye of sixtye odd Chests of Oreinges and lemons
to cleere the said shipps decks the better to make use of her
gunns for theire defence And this hee affirmeth uppon his
oath to bee true for that hee sawe parte
of the said Chests of Oreinges and Lemons throwen over
board/

Thomas Lear [SIGNATURE, RH SIDE]
----
die pred

4 Tayler/

Phillipps Travers of the parishe of Saint Dennis Backchurch
London merchante aged aboute 26 yeares sworne and examined
as aforesaid saieth and deposeth as followeth videlicet./

To the firste and second interrogatories in this behalfe ministred hee
saieth and deposeth That at Saint Lucars in Spaine there was
laden aboard the interrogate shippe the Castle of which
Richard Tayler is master) in this her laste voyage thether
to bee transported therehence for London or some other places
here in England for the accounte of severall mrchants divers
quantities of wynes, tobaccoes, Orenges and Lemons
and other goodes the particulers whereof hee knoweth not for that
hee kepte noe accounte thereof onelye hee saieth there was
laden and put aboard the said shippe for this examinats accounte
twenty butts of wyne, which hee vallueth at one hundred and
eightye pounds sterlinge money tenn barrells of tobaccoe, which hee vallueth
at one thousand pounds sterlinge money and twoe barrells of
Indicoe which hee alsoe vallueth at one hundred thirty
and five poundes of like money but the vallue of the reste
of the said goodes which were laden aboard the said shippe the
said voyage hee knoweth not not knoweinge certainelye the
quantities thereof but beleeveth they mighte bee well worth
the severall rates or prices sett downe and expressed in the
articulate schedules in case they were sounde and good and of
such quantitye as in the said schedules is expressed and that in
the said shipps course from Saint Lucars aforesaid towards this Port
of London uppon or aboute the 4th of ffebruary laste paste stilo
(Anglia
~~~
HCA 13/57 f.13r Annotate [CHECKED]
13

as hee guesseth and was tolde by the seamen aboute sixty leagues
to the Westwarde of Cape Saint Vincent) shee was mett with chased
by certaine Turcksmen of warr, and that
the said shippes decks beinge pestered soe that they could hardlye
come at her powder gunns or amunition for her defence
the master and Company by and with the advise of him this
examinate and the reste of the merchants then aboard that had goods
aboard for the safety and preservation of the said shippe and the
residue of her ladeinge and theire lives, and to make waye
and cleere her decks, did as they confessed and as hee alsoe
beleeveth caste and threwe over board into the sea sixtye odd
Chests of Oringes and lemons parte of the said shipps ladeinge And this hee affirmeth
uppon his oath to bee true hee beinge at the same tyme in the
said shippe when the said goodes were threwen overboard and
same parte of them throwen over board as aforesaid

Phillipp Travers [SIGNATURE, RH SIDE]
----
10º Aprilis 1641

5s Tayler/

John Snarye of Popler in the County of Middlesex marriner
aged aboute 33 yeares late Masters Mate of the shippe the
Castle of London of which Richard Tayler is master beinge
examined uppon certaine interrogatories ministred to him saieth
and deposeth thereto as followeth videlicet./

To the firste Interrogatory hee saieth That the voyage in question
there was to this examinats knowledge laden and taken aboard the
interrogate shippe the Castle at Saint Lucars in Spaine all and
singular the goodes wares and merchandises expressed and
menconed in the interrogate schedule to bee carried and transported
in the said shippe from thence to this Porte of London or
some other Porte or Ports here in England and that all the
said severall sorts and kindes of goodes were landed and
delivered out of the said shippe after her arrivall her in the
River of Thames from the said voyage and this hee knoweth
to bee true beinge Masters Mate of the said shippe and keepeinge
an accounte of what goodes were laden and what unladen the
voyage in question, but the true vallue or
worth of the said goodes hee knoweth not, but beleeveth they are
rated and pared in the interrogate schedule accordinge to the value
and worth of them uppon the said shipps arrivall here and as
the like sorte and kinde of goodes were here then solde for
and yeelded and more to this Interrogatory hee cannot depose onely
hee saieth that in his this examinats judgement and opinion the interrogate
shippe at the tyme of her arrivall here from the foresaid voyage was worth
eighte hundred poundes sterlinge and better and that the
fraighte for the said voyage did amounte and come to eighte hundred
and twenty pounds or neere thereabouts reddens racoem scientia sua et supra
~~~
HCA 13/57 f.13v Annotate [CHECKED]

To the second Interrogatory hee saieth That in the said shipps course
from Saint Lucars aforesaid where shee tooke in her ladeinge towards
this Porte of London aboute sixtye leagues to the Westward
of Cape Saint Vincent uppon or aboute the 4th of ffebruary
laste paste English stile the foresaid shippe the Castle was chased by
seaven saile of shipps Turcks men of warr
and the master and Company with the consente and advise
of the merchants then aboard videlicet Mr Leere, Mr Travers
and Mr Powell to cleere the said shippes decks
the better to come at her gunns and make her defence
thereby to save the said shippe and the residue
of her ladeinge and theire lives, did caste and throwe
over board into the sea all and singular the goodes
menconed in the interrogate schedule but the value thereof
hee knoweth not but saieth that hee beleeveth they were
worth and would have yeelded sixtye odd poundes accordinge
to the rates other goodes of the same kinde brought to this
porte of London in the said shippe the said voyage did
yeelde and were solde for in case they had there safelye arrived And this hee affirmeth uppon
oath to bee true hee beinge one of those that was at the
heaveinge over board of the said goodes schedulated for the
preservacon aforesaid

John Snarre [SIGNATURE, RH SIDE]
----
die pred

6s Tayler/

Thomas Coateham of Horrisdowne marriner aged aboute
34 yeares late boateswayne of the shippe called the
Castle of London Richard Tayler master sworne and
examined as aforesaid saieth and deposeth as followeth videlicet

To the firste Interrogatory hee saieth That at Saint Lucar in
Spaine the voyage in question there was amongste other
goodes all and singuler the goodes and merchantdices in
the interrogate schedule menconed laden aboard the interrogate
shippe to bee transported in the said shippe therehence
to this Porte of London or some other Porte or Ports there
in England for the use and accounte of severall mrchants
which hee knoweth to bee true beinge boatswaine of the
said shippe the said voyage and that all and singular the
said goodes schedulated were after the arrivall of the said
shippe here in the River of Thames from the voyage in
question delivered out of the said shippe to those or the
but which hee knoweth alsoe to bee true reddens raconem
scientia sua ut supra, but the value of the said goodes
hee knoweth not but saieth that as hee hath heard and
beleeveth they were and are vallued in the said schedule accordinge
to the valuacon or prices of the like goodes here in London at
time of the said shippes arivall, and, and the said shippe hee
~~~
HCA 13/57 f.14r Annotate [CHECKED]
14

saieth hee vallued to bee worth eighte hundred poundes sterlinge
the tyme aforesaid and the fraighte at eighte hundred and
twentye pounds sterlinge or neere thereabouts, And this hee affirmeth uppon his
oath to bee true./

To the second Interrogatory hee saieth That in the said shipps
course from Saint Lucars towards London shee was persued
and chaced by seaven Turcks men of warr and in that pursuite
all and singular the goodes menconed and expressed in the
second schedule interrogate beinge parte of her ladeinge for the preservation and
saveguard of the said shippe and the residue of her ladeinge
and mens lives, were by the master and Company
with the consent and advise of the merchants Mr Leere, Mr
Travers and Mr Powell then aboard heaved over board and throwen into
the sea but the value thereof hee knoweth not but saieth that
hee conceiveth they are rated and vallued in the said schedule
accordinge to the prices the like goodes broughte to this Porte of
London the same voyage were here solde for after the said
shipps arrivall And this hee affirmeth uppon his oath to bee
true hee beinge one of those that for the preservacon aforesaid
did helpe to caste the said goodes over board and kept and
an accounte of what goods were laden aboard the said shippe
the said voyage and what landed and founde the said goodes schedulated
to bee wanted at the delivery of the reste/

Thomas Coatham [SIGNATURE, RH SIDE]
----
12º Aprilis 1641

Pro Anthonio White)
Samuele Sherman et)
socijs quoad navem)
the Patience)

1s

Rs. E. B.

James Ansdell of Deptforde in the County of Kente
marriner aged aboute 40ty yeares sworne before the worshipfull
Willimj Merricke Doctor of Lawes Surrogate to the righte worshipfull
Sir Henry Martyn knighte Judge of his Majesties highe Courte of the
Admiralty beinge examined saieth and deposeth as followeth videlicet

That uppon or aboute the 25th of December laste parte hee
this examinate at Dunquercke in fflannders (beinge sent over
theither for that purpose) did at a publike outcry there
buy for the use of Anthony White, Samuel Sherman and partners
a certaine shippe or vessell of the burthen of aboute one
hundred tonnes, ffrench builte, a prize shippe lately
taken from the ffrench and there adiudgeded prize to the takers
and then called the Virgine of Saint Valleries, but nowe the
Patience of London, which shippe coste him the
firste penny twoe thousand fower hundred and five guilders and
after hee had boughte her and fitted her to goe to sea hee
broughte her over from Dunquercke aforesaid to London, and the
(said
~~~
HCA 13/57 f.14v Annotate [CHECKED]

said shippe or vessell is nowe in the River of Thames but
bounde out to Newcastle for Coles, and shee doth
solelye and properlye belonge and appertaine unto the foresaid
master Anthony White of Deptforde Anchorsmith, Mr Samuel
Sherman of the same roapemaker, Mr John Harte of
Greenewch Woodmonnger, Mr William Deane of the same
potter, Mr Nicholas Penton of the same Waterman
Mr William Hughes of Deptforde yeoman, John Witton
of the same roapemaker, John Brighte of the
same Carpenter, Thomas Harte of Greenewch
Wordmonger, Margarett Potts of Newcastle Widdowe
Mr Daniel Brighte of Deptforde gentleman, Mr John
Springer of Lewsam in the County of Kent gentleman and
Mr Adam Cliffe of Greenewich aforesaid Taylor videlicet
an 8th to Mr White, and an 8th to Mr Samuel Sherman
a 16th and a 32th to Mr Hughes, and a 16th and a
32th of to Mr Deane and a 16th a peece to all the reste
and the foresaid parties are Englishmen borne and subiects
to the Kinge of England and the said shippe doth nowe
stande them in at the leaste fower hundred and twenty
poundes sterlinge besides her stocke which hee knoweth to bee
true beinge Master of her ever since shee was boughte
and acquainted with the disbursments for her and is nowe
to goe out master of her in this her intended voyage

James Ansdell [SIGNATURE, RH SIDE]
----
die pred

2 p White/

Rs. E. B

John Reade of Stepney in the County of Middlesex marriner
aged 42 yeares sworne before the worshipfull Thomas Rives
Doctor of Lawes Surrogate to the righte worshipfull Sir Henry
Martyn knighte Judge of his Majesties highe Courte of the Admiralty
beinge examined saieth and deposeth

That aboute nyne
weekes since his preconteste James Ansdell of Deptford
in the Courty of Kente marriner at Dunquercke in
fflannders did buy a certaine ffrench builte vessell of
the burthen of aboute one hundred tonnes, nowe called the
Patience of London which vessell after hee had boughte
her hee broughte her over from Dunquercke to London
and shee is nowe in the River of Thames but as hee is
informed (hee beinge one of those that goe to saile in
her) bounde out to Newcastle in the service and imployment
of the owners of her whoe are Englishmen and subiects
to the Kinge of England and Inhabitants at Deptford aforesaid and
certaine other places neere thereabouts And this hee
affirmeth uppon his oath to bee true whoe was one of those
(that
~~~
HCA 13/57 f.15r Annotate [CHECKED]
15

that did helpe the foresaid Ansdell to bringe the said shippe
or vessell from Dunquercke aforesaid into the River of Thames
where shee yet remaineth, and sawe when hee payd parte of
the money by exchange for the same and knoweth all or moste of
the owners of her and hath often tymes seene them
aboarde of her

Signum
Johis 'x' Reade / [marke, rh side]
----
14º Aprilis 1641

Marston et alj contra)
Dm Russell Smith)
Budd Cresh)

1s

Edwardus Walker de Stepney in comitatu Middlesex nauta annos
agens 44 aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit quod Johem Marston et Thoma
Lenthall partes producentes proper spaciu sexannon ultimum etaps at ultra
bene novit ut dicit et Dm Willmj Russell [?Malisen] 
et non nullus alas partes cona quas producitur proper
spaciu fore decem annonu eta ultimum etaps bene novit ut dicit/

Ad primum arlum libelli ex parte and Marston et soc in hac causa datus
et admissa deponit et dicit That for all the tyme articulate the
articulate John Marston was owner and pprietor of halfe or three
quarter partes of the articulate shippe the Hopewell
and soe comonlye accounted reputed and taken which hee knoweth
to bee true for that hee this examinate was one voyage before the tyme
articulate master of her and the said Marston was then a halfe
parte owner of her and that aboute twelve monethes since
hee the said Marston to this examinates knowledge solde three
quarter partes of her to one Mr Maurice Thompson and some
others whose names or the tyme more certainelye hee remembreth not
At aliter nescit

Ad sextum deponit et dicit That the articulate shippe the Hopewell
beinge laden with Tobaccoes and certaine other goodes belongeinge (as hee hearde to Mr Marston Mr Lenthall and Company and bounde from
this Porte of London towards Spaine arrived and came to an
Anchor in the Downes uppon or aboute the 28th daye of October
articulate tempus aliter non recolit) which hee knoweth to bee true hee this examinate beinge master of
another shippe then in the Downes was there when the Hopewell came theither
At aliter nescit /

Ad nonum nescit deponere, saveinge hee saieth That within a day
or twoe after the articulate shipps firste arrivall in the Downes
the Master of the shippe came
aboard this examints shippe and tolde him that his shippe was stayed
by comannde from Sir John Penington whereto this examinate told him
hee could not tell what to saye to it, if it were soe, and withall
tolde him that if the wynde came faire hee could not stay
but muste proceede on uppon his voyage an and leave the
said shippe and saveinge hee further saieth that as hee heard
that staye was by reason of an order which Sir William Russell and
Company had procured uppon pretense that the said shippe was
goeinge to Barbarye to trade there
~~~
HCA 13/57 f.15v Annotate [CHECKED]

Ad quintodecimum deponit et dicit That notwithstandinge there was an order to his
beste remembrance under seaven or eighte of the Lords of his
Majesties privie Connsells hands broughte downe by one Mr Wilson
for the discharge and release of the articulate shippe from her firste
restrainte or stay aforesaid yet the sayd shippe
uppon Sunday nighte the 11th of November laste was againe stayed and
restrained from proceedeinge on her intended voyage to Spaine
which hee knoweth to bee true for that the wynde beinge then
faire to have carried the said shippe out of the Downes and shee
beinge appointed to keepe this examinats shippe Company, hee this
examinate the 12th of November aforesaid went aboard Sir John Penningtons shippe to have cleered her
and then Sir John tolde him that hee had received a letter under the
Kings owne hande countermanndeinge to the foresaid warrant of
release againe  to restraine and hinder or shippe the said
shippe the Hopewell from proeedinge on her voyage, and the
same day Sir John Penington sent men aboard the said shippe
to make his restrainte the stronger, and thereuppon
the wynde beinge faire this examinate sett saile and lefte hee
the said shippe the Hopewell under the said restrainte and
custodye aforesaid And this hee affirmeth uppon his oath to bee
true Al aliter nescit /

Ad duodevicesimum deponit et dicit That there were six or seaven saile
of shipps which went out of the Downes uppon Sunday the
11th of November when the second restrainte came uppon the
articulate shippe the Hopewell some of which shipps went to
Saint Lucars and some to Cales, besides this examinats shipps which went
out the second daye after those shipps (stayeinge till then for ye
Hopewells Company) all which shipps arrived and came to
theire ports aforesaid within 24 dayes after theire departure
out of the Downes in which tyme in all probabillitye and
likelyehoode the Hopewell mighte alsoe have arrived at Saint
Lucars where this examinats shippe arrived in case shee had not
bine hindred as aforesaid And this hee affirmeth uppon his oath
to bee true At aliter nescit./

Ad undevicesimum deponit et dicit That in case the said shippe had not bine
stayed the second tyme aforesaid in all probabilitye and likelyhoode
shee and her ladeinge had and mighte have arrived
safelye at Lucars in Spanie longe before the fifte
of January articulate, and in case shee had soe arrived hee
beleeveth her ladeinge of tobaccoe (soe much as shee had
aboard but howe much that was hee knoweth not) would have
yeelded three ryalls a pounde reddens raconem [?credulatis] sua
for that hee solde tobaccoe which came from Virginia and
Saint Christophers of which sorte of tobaccoe hee
beleeveth the said shipps ladeinge was) for 3 ryalla and three
quarters per pounde, and the quantity which hee sold was
~~~
HCA 13/57 f.16r Annotate [CHECKED]
16

neere uppon one thousand pounde weighte, and at that tyme
that comoditye there was some what scarce, And this hee affirmeth
uppon have oath to bee true At aliter nescit./

Ad vicesimum octavum deponit et dicit That the articulate shippe the Hopewell
is of the burthen of twoe hundred tonnes or neere thereabouts
and when hee this examinate was Master of her as aforesaid hee gave after
the rate of 55li proper moneth for the hull of the said shippe
made a goode saveinge voyage of it and
after that rate hee beleeveth shee would yeelde; And this
hee affirmeth uppon oath to bee true At aliter nescit /

Ad tricesimum secundum salvis predepits nescit saveinge hee beleeveth the
damage which the foresaid Marston and the ffraighters of the said
shippe the voyage in question sustained came by reason of the
foresaid stayes /

Ad tricesimum tertium deponit et dicit That both before the said shippe went
to sea the voyage in question, and alsoe whileste shee laye in the
Downes hee heard shee was designed to goe to Spaine and
from thence to the Isle of Maye for salte and from thence
to Virginia and then backe againe for London and hee never
heard that shee was bounde out to Barbary otherwise then per
the restraints aforesaid And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Super reliquis non exatur ex direccone/

Edward Walker [SIGNATURE, RH SIDE]

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet quoad pericula perjurij et falsidii testis fit quod
petitur et respondet pro parte sua sua respondet salvis predepoitis negative

Ad secundum negative./

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

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

Ad quintum pro parte sua nescit respondere aliter quam prius./

Ad sextum pro parte sua nescit respondere aliter quam prius

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

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

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

Ad decimum pro parte sua nescit respondere aliter quam prius./

Ad undecimum nescit respondere aliter quam prius ad qua se refert

Ad duodecimum nescit respondere aliter quam predeposit et respondet

Ad tertio decimum pro parte sua respondet negative./

Ad quartodecimum respondet That this suite doth noe manner of wayes
concerne him this respondente neither shall hee gett or loose by yt
And this and all and singular the premisses hee affirmeth
to bee true./

Edward Walker [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.16v Annotate [CHECKED]

15º Maij 1641:

Rs. G. E:

Maurice Gardner of Plimouth in the Countie of Devon Gentleman
aged 32 yeares or thereabouts sworne before the worshipfull William
Sames Doctor of Lawes Surrogate to the right worshipfull Sir
Henry Marten Knight Judge of his Majesties High Courte of
the Admiralltie saith and deposeth upon his oath

That the
shipp called the Greene Knight of Plimouth of the
burthen of one hundred and three score tonnes or thereabouts
fflemishe builte doth propperlie belonge for two third partes
to this Examinate and the other third parte of her to
Captaine Thomas Basse[?ll] they beinge both Englishmen
and Subiects to the Kinge of England and noe Strainger
hath any interest in her And this hee affirmeth upon his oath
to bee true:/

Marines Gardiner [SIGNATURE, RH SIDE]

rcod [?pruii] 6.uj p interrogatories./
~~~
HCA 13/57 f.17r Annotate
S
17

27º Martij 1641.

Wharton contra Cobb
Yeo. Smith.

Johannes Sympson de Alborough in comitatu Suffolk
nauta etats 52 annoru aut eo circiter testis in hac causa
productus iuratus et examinatus dicit et deponit prout sequitur videlicet.

Ad primum ponem allegaconis ex parte Yeo Crastino Martij 1640:
ultimum datus et admissa dicit et deponit That he this deponent was Masters
Mate of and in the articulate shippe the Resolucon of Alborough the tyme
articulate And he further sayeth That at such tyme as the articulate Cobb
Wharton or his Agent did Contract and agree with the said Jeremy Cobb

master of the said shippe to lade the quantitie of 200 piggs Lead articulate on board the said
shippe at Newcastle the said shippe the Resolucon was emptie and
had not xx then taken in any part of her ladeing of Coles to this deponents:
knowledge and this he sayeth by vertue of his oath is most true, aliter
nescit deponere./

Ad secundum: dicit et deponent That the 200 piggs of lead articulate were ready to have
beene laden and taken on board the arlate shippe the Resolucon before any
of her ladeing of Coales were taken unto her, and that the articulate Cobb
(if hee had pleased) might have stowed the said 200 pipes of lead in the
bottom, middle, or some other part or place Convenient in the said shippe;
All which hee sayeth likewise by vertue of his oath hee knoweth to be true
aliter nescit deponere./

Ad tertium dicit et deponent That it is not the use or ordinary Course of
shippes that come from Newcastle to London, to putt into the Holy lande
but uppon extreamity of weather ut dicit aliter nescit deponere.

Ad quartum ponem dicto allegaconis dicit et deponit That the articulate producent
Cobb master of the said shippe the Resolucon the voyage in question did
putt into the Holy Island by reason that shee was Constrayned by the losse
of her mast and contrary windes, And That the said Cobb did sell
after the Resolucons putting into the Holy Island did sell or Cause to
bee sould there the quantitie of 50tie Chaldron of the said shipps lading
of Coles aliter to this deponents sight and knowledge aliter nescit deponere

Ad quintum dicit et deponent That after the articulate Cobb had sold and disposed
of the articulate 50tie Chauldon of Coles at the xxx Holy Island as
aforesaid the articulate Cobb: did will his Company in generall in this deponent
hearing
~~~
HCA 13/57 f.17v Annotate

hearinge) to say when they came home to London) that the Coales so
sold and disposed of were throwen over board and this he sayeth by vertue of his
oath is most true aliter nescit deponere./

Ad sextum dicit et deponent That in the Resolucons Course from Newcastle
to London there were not any Coales throwen over board that ev this
deponent sawe or heard of ut dicit aliter nescit deponere./

Ad septimum dicit et deponent That quod pro parte sua nescit deponere/

Ad octavum dicit et deponent That notwithstanding whilset the storme that happened
as is articulate the arlate Cobb his Company and tyme enough to have
unladen and might have unladen the shippe the Resolucon and xxxx the owne
unto the greatest part of her Coales there was no neede or occasion to
throwe or cast over board any Coales out of the said. shippe the Resolucon or lead at
all aliter nescit deponere/

Ad nonum dicit quod nescit deponere./

Ad decimum dicit et deponit, That after the Resolucon over board was putt into
the Holy Island there was a pigg of lead putt over the side of the said
shippe by the Masters order and being slinge in a roape dropped into
the sea ut dicit aliter nescit deponere.
porcon of

Ad undecimum dicit et deponit, That after the deliverie of the⁁ lead over board unto
the arlate Wharton there were 8 piggs of Lead remayning on board the said
shippe which belonged unto the over board Wharton as this deponent conceiveth
ffor that he beleiveth that all the lead laden on board the said shippe did
belong unto him aliter nescit deponere

Ad duodecimum:

sign Johis
Sampson

4

Idem ad Interrogatoria

Ad primu respondet quod veint testificatur in hac causa medys producents
quod litigantxx eqae favet aliter negve.

Ad secundum respondet That this Respondent and the producents servant soe Auston
had some speeche aboute this matter xx xxx nowe depending and that the said
Auston did take instruccons in writinge from this Rendent concering the
prmisses aliter nescit respondere saving that he was pmised and expecteth his
Charges for his examinacon./

Ad tertium respondet quod refert se ad depoita proper eum allegaconi ad prd: credit
esse vera aliter nescit respondere./

Ad:
~~~
HCA 13/57 f.18r Annotate
18

Ad quartum et reliqua respondet quod refert se ad praedeposita proper eum allegacoin
prd (qua credit esse vera aliter nescit respondere/
sigi Johis
4
Sympon
----
30º Marrtij 1641.

Browne Bushell contra
Love et Rachaelem Bushell
P interesse Budd Smith./

Robertus King servus Richa Greene Scriptor
parochia omni Storam Barking London etats xxta
annorum aut eo Circiter testis in hac causa productus
iuratus et examinat dicit et deponit prout sequitur videlicet.

Ad primu. 2. 3. 4. 5. 6. 7. 8. et 9. xxxxxa pones allegaconis ex parte
Budd in hac per causa datus et admissa dx non examinatur et direccone
producents

Ad decimum et undecimum dicit et deponit That since this deponent became servant unto and
lived with the aforesaid master Greene a Scrivenor he hath heard his Masters
sonne say That the 200£ being the principall of the debt over board
(that was taken up of the arlate Thornebury) was payd unto the
arlate Goulde the servant to the said William Bushell for the use
of him the said William And this deponent further sayeth That
since the decease of his Masters sonne aforemenconed he this deponent

did finde a receipt (in a little booke) wherein were other monyes expressed to have beene received
for the said Willm Bushells use) finde an expression of a receipt
of the said 200li subscribed by the aforesaid Goulde All which hee sayeth
by vertue of his oath is most true. aliter nescit deponere./

Sup reliquis non examinatur ex direccone producentis

Robert: King [SIGNATURE, RH SIDE]

repetit contra d: Sames Surrto xr
eadem die./
----
2dº Aprilis 1641.

Browne Bushell contra)
Love et Rachaelem Bushell)
Budd Smith)

Henricus ffierboare parochia Sancti Michaell Paternoster
in Le Royall London servus Rich Rochdale de
pd prd Scriptoris etats 21ta annorum aut eo Civis
testis in hac causa productus iuratus et examinat dicit et deponit
p ut sequitur videlicet

Ad 1. 2. 3. 4. 6. 7. 8. 9. 10. et undecimum ponem dicto allegaconis non examinatr da
direccone producents./

Ad./
~~~
HCA 13/57 f.18v Annotate

Ad duodecimum ponem dicto allegaconis dicit et deponent That to this deponent was
servant unto one master Greene a Scrivener liveinge neere Tower hill be
London and That being then servant unto him as aforesaid hee did heard his
Masters sonne Simon Green say That the over board Gould servant to the Captaine William
Bushell did had received of him the said Simon Greene xxx 200£ principall
debt to the use of him the said Captaine William Bushell. and likewise that ye
over board Browne Bushell nev had any part or one penny thereof aliter pro parte sua
dicit quod nescit deponere./

Henr: Firebrace [SIGNATURE, RH SIDE]

Sup reliquis non examinatur ex direccone producents./
repetit eadem die Coram d: Sames xr
----
5to: Aprilis 1641:

Negotium examr testamu ad per perpetuam
rei memoriam per notem per Steevens
et al contra Robtam Swanley
magrum Navis the Jason./ Smith
in eadem menconat

Thomas Pontie parochia Sancta Briggitta ffleetestreete
London Pistor etats 41 annorum et aliqindampling
testis in hac causa productus iuratus et examinat./
dicit et deponit prout sequitur videlicet./

Ad primum prem allegaconis ex parte Smith in hac causa datus et admisses et sequitur ⁁
dicit quod nescit deponere./

Ad secundum et sched pred dicit et deponit That within the yeare and monthes over board videlicet
in the month of September anno prd and the first day of the said monthe ut recolit

he this deponent being a wayter belonginge to the ffarmers of his
Maties: Custome house did goe on board the recolit shippe the
Charitie then rideing against and within three miles of Lee in the
and Came in the said shippe to Lymehouse bridge neere London uppon
or aboute the sixt day of the said monethe And that dureing all the yt tyme
all the goods on boarde the said shippe did were brought in her unto
Lymehouse aforesaid drye and well condiconed and in safety ⁁ and that the
ut credit
said shippe the Charitie did anchor at Lymehouse as aforesaid with the
said goods in her in a safe and Convenient place where shippes doe use to
Lye at anchor rendent and lay lasht fast on board the recolit shippe the
Jason whereof the recolit Robert Jason ⁁ was master. ut dicit to this
Swanley
deponents sight and knowledge aliter nescit deponere./

Ad tertium ponem dicto allegacons dicit et deponit dicit et deponit That at such
tyme as the recolit shippe the Charitye with her goods recolit Came
(to
~~~
HCA 13/57 f.19r Annotate
19

to an anchor at Lymehouse as aforesaid some of the said shippes
Company (in this deponents presence and hearinge) did speake unto some
the Company of the recolit shippe the Jason to permitt and give them
leave to fasten or more their shippe the Charitie unto the said
shippe the Jason till such tyme as they Could gett upp higher into
the Ryver or that the weather were fayer for them to discharge the
Charitie of her ladeing to which the Company of the Jason Condiscended
and the recolit Swanley (afterwards comeing on board) did approve of
on condicon that the Chartie should carry an anchor to the Northward and the Jason to ye Southward wh xxxxx
and gave way to the same ⁁ ut dicit all which hee sayeth by vertue of his
oath is most true aliter nescit deponere./

Ad quartum dicit et deponit That uppon the leave and approbacon of the
recolit Swanley and Company of the Jason aforesaid as is predeposed to the
next prcedent arlate the said shippe the Charitie was made fast
unto the said shippe the Jason with 2 roapes to this deponents: Certaine
knowledge videlicet with one made fast at the head and another at the sterne
te ut dicit aliter nescit deponere saving that there was an anchor
Carryed forth to the Norward besides./

Ad quintum dicit et deponent That dureing all suche tyme as the recolit shipp
the Charitie and Jason were made fast and mored each to other as is
predeposed they did both remayne and abide in safety and so might have
Continued (in this deponents iudgemt) without dannger or hazard of doeing
or receiving hurt ut dicit aliter nescit deponere

Ad sextum ponem dicto allegaconis dicit et deponit That during all the
tyme that the recolit shippe the Charitie lay fastned unto the shippe
the Jason aforesaid the winde and weather was very strong and tempestuous
so as the said shippe the Charitye could not gett any higher upp to
discharge her ladeing aliter pro parte sua nescit deponere ut dicit /

Ad octavum. nonum et decimum ponds dicto alluis

Ad septimum ⁁ dicit et deponent That (in this deponents iudgmt) in case the said:
roapes where with the shippe the Charitie was fastened to the Jason
aforesaid had broken or slipped dureing the tyme that shee was fastned
as aforesaid the said shippe the Charitie (being then heavy and deepe laden)
must
~~~
HCA 13/57 f.19v Annotate

must needs have runne on grounde and beene Cast away ut dicit
aliter pro parte sua dicit quod nescit deponere, And so much the master

Ad 5 and Company of the said shippe the Jason did notifie unto the
in this deponent since
arlate Robert Swanley and earnestly interrogated him that he would not
threwe off or but the said hopes and pmised to make satisfaccon
unto the said Swanley in case hee should receive any damage by pmissenge
the said: ropes to remayned fast, whoe notwithstanding refused to promisse
the same but sayde hee would cast her lost aliter nescit deponere./

Ad quintum dicit et deponent, And accordingly the said Swanley did (with
his owne hands) cutt one of the said ropes and Caused the others
to bee likewise cutt to this deponents sight and knowledge aliter nescit
deponere

Ad 11 a pones dicit et deponent as soone as ever the recolit Swanley had
Cutts Caused to be cutt in peeces the aforesaid ropes and ffatts
from the Jason as is predeposed, the arlate shippe the Charitie
and booke and splitt to peeces and all he tobaccoes
(with her lading) was) imediately driven on shoare and there shee and her
ladeing suncke and worst coast away in this deponents sight, And this
he sayeth by vertue of his oath is most true aliter nescit deponere./
saving that he veriely beleiveth that by reason of this premisses much
losse and damage happened to the Owners of the recolit shippe the
Charitye but to what valew this deponent knoweth not ut dicit aliter
nescit deponere./

Ad reliquas pones alluis pred et sched did annex pro parte sua dicit quod
nescit deponere./

utterly and other
goods utterly spoiled
and made little or nothing
worth

Thomas Pule

Idem ad Interrogatoria.

the

Ad primu respondet That equally favoureth the parties litigant, that hee
was none of the Chartes Company That the Cometh to bee examined upon
request of the master of the Charition and uppon in other Coused deales aliter
nescit respondere./

Ad secundum et ye interrogate respondet that the shippe the Charitye was made
sett to the an uppon the bee of depend and Crest way uppon
~~~
HCA 13/57 f.20r Annotate
20

month of the said monethe anno recolit aliter nescit respondere

Ad quartum et relique respondet quod refert se ad depoita proper eum allue pred
(qua credit esse vera aliter nescit respondere

Thomas Booke
----
6to Aprilis 1641

in Regio ffraine dishe apparat.
Nicholaus Dentille de Have de
grace in Regno Gallis, Mercator 27 annos
it inesse at bona in ead and
aut eo circiter testis in hac causa productus, iuratus
et examinat dicit et deponit prout sequitur videlicet/
Barke et alj contra Navem
the Saliam ander de Haver de grace
partum Weymouth adducte or
comitatu John Genor
Martyn Yeo

Ad primum posiconem dicto allegaconis ex parte Martyn in hac causa datus
et allegate dicit et deponit That he this deponent being a Merchant and
liveing in haver de grace and a neighoure unto the arlate Barbie, d Christowe
said
and Company hath well knowne the da Chesne and Company the yeares and
monethes arlate, and sayeth that during all that tyme the aforesaid
Disons Bale David de Chewne ffrancis Le Tellar John Lecease
and James Three were accounted related and taken to be (as in very truth
and are
xxxxx
this deponent beleiveth they were lawfull and undoubted owners, and
that that the said Three was reputed master of and Governor of the arlate
shippe the Galaamander and her tackle and furniture ut dicit aliter
ad humoi ponem dicit quod nescit deponere./
pneum et sched in eadem menconat

Ad secundum dicit et deponit That within the yeares and monethes recolit the said
Barbie and the rest of the Owners aforesaid did sett forth (as this deponent
hath heard and beleiveth) the recolit shippe the Salmander on a fishing voyage
from Lavoide thence recolit to the Bancke recolit furnished with all necessa
requisite for the same voyage, and this deponent sayeth he that he beleiveth
That the said shippe did there safely arrive and hath heard That the

To the number of betweene 19 or 29th housand
did there make and lade on board her a good quantitie of sixt which she
Primonthes after 30£ thousand to be transported and
brought home to have de Grace aforesaid togeather with and punchors of trayne
worth 60£ and upwards in ffrench many
oyle some other peices of fish and some 6 or 8 anchors ⁁ bounds and one
barrill of ffish and good store of tringes of goods and aboute 10. or into
of new salt of which trayne oyle this deponent sayeth hee tooke notice of
and for the rest hee hath only heard and beleiveth, All which hee sayeth hee
likewise
worth in ffrannce at the
tyme of the bringing in thereof
in thereabouts
~~~
HCA 13/57 f.20v Annotate

have beene
likewise beleiveth to be for the accompt of the said Barbie and there
of the Ownes aforesaid aliter pro parte sua nescit deponere ut dicit/

Ad tertium ponem dicto allegaconis dicit quod nescit deponere visa ex andet

Ad quartum dicit et 5t paines dicit quod nescit deponere aliter qua supra.

Ad sextum nescit deponere aliter qua supra.

Ad septimum nescit aliter qua supra./

Ad octavum tertium. 10. 11. 2. 13. 14. et quartum pones allegaconis pred et exhibit in
is menconat dicit quod pro parte sua nescit deponere aliter qua and
saving That the third schedule mentioned in the said posicon aforesaid was
and is subscribedd and sealed with the proper hande and seale of the recolit
Richard Bury Maior of the towne of Dechester in the place and sight
and others
of him this deponent ⁁ and that th all and singular the Contents of the said
third second schedule are true of this deponents certaine knowledge for that this
deponent gave instruccons for the frameing and drawing upp of the said third
schedule ut dicit aliter nescit deponere./

Tulam Pawfull

Idem ad Interrogatoria./

Ad primum respondet That he this Rondet Comehant of ffrance with as
letter of Attowney from the proprietarie of the Salmander to
followe this busines and expecteth reasonable Consideracon for this
paines aliter respondet negve./

Ad quintum That he cometh at the request of the pprietaries as aforesaid
That he favoreth the parties usually quoad since cam aliter nescit respondere./

Ad tertium pro parte sua nescit de respondere./

Ad quartum nescit respondere./

Ad quintum et sextum nescit respondere/

Ad septimum et reliqua interria pro parte sua dicit quod nescit respondere./

William Dewfull
----
7º Aprilis 1641

Lamberom Browne)
Yeo Martyn)

Burradie
Johns Phillip de Leade in Regno Scotia nauta
etats 36 annoru aut eo circiter testis in hac causa productus inent
it dicit et deponit prout sequitur videlicet./

Ad:
~~~
HCA 13/57 f.21r Annotate

21

Ad primum ponem allegaconis pro parte Martyn in hac causa datus et admisses
non examinatr ex direccone producents/

Ad secundum ponem dicto allegaconis dicit et deponit That he this deponent was

Comon mann in the recolit shippe the James arlate laden by the arlate William
Moorer at Stockholme in the Kingdome of Sweden and Came in the said
shippe to this port of London And he further sayeth That the recolit
James Browne master. of the said shippe the James (after her returne
from Stockholme aforesaid to the said port of London) did deliver out of the said.
shippe at Smarts Key in the said port unto the Assignes of the arlate
William Lambe (as this deponent verily beleiveth) all her ladeing of
small
of goods which shee tooke in at Stockholme aforesaid videlicet all the sundry ⁁ gxxx
xxxxx (being a great quantitie
arlate ⁁ but how many godds there were this deponent sayeth he knoweth not,
all a great
and likewise ⁁ a great quantitie of pitche but howe many lasts or barrells
this deponent allso sayeth hee knoweth not; which goods soe delived were dd
in this deponents sight and prsnce ut dicit And this he sayeth by vertue
of his oath is most true aliter nescit deponere./

Ad tertium ponem dco allegaconis dicit et deponent That he this deponent
hath heard the master of the recolit shippe the James confess that the
Lambe
said: William ⁁ James (after the receipt of the goods aforesaid) had payd
hee
him his freight due for the said: goods And this deponent sayeth that ⁁ did
nev heare that the said Lambe (when hee received the goods aforesaid) or payde
the said: freight) did pretend that he wanted any part of the goods expressed
in the bill of ladeing arlate aliter ad humoi ponem dicit quod nescit deponere
Sup reliquis non exaiatr ex direccone producents./

Idem Ad Interrogatoria./

signum: Johis
Phillipps
JP

Ad primu renderat respondet quod satisfacton et aliter nescit respondere;
Saving that he is payde all his wages/

Ad secundum non Concerint humoi rendentem./

Ad tertium respondet That he hath heard the arl interrt: Wm Moorer say as
is interrt:/
et quintum

Ad quartum respondet qua refert se ad praedeposita proper eum allegacon in hac causa
datus facti (qua credit esse vera aliter nescit respondere)

signum: Johiss
Phillips
JP
~~~
HCA 13/57 f.21v Annotate
13º Aprilis 1641

Henly contra Middleton)
Budd Marten)

Thomas Whitbye parochia Sancti Botolphi extra Algate London
nauta annos ad viginta octo et ultra natus testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur videlicet./

Ad primu et secundum: pones allegaconis ex parte Martyn in hac causa datus et
admissa xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx That

Ad pxxxxxxxxxxxxx dicit non examinat ex direccone producents/

Ad tertium ponem dicto allegaconis dicit et deponit That he this deponent went Comon
man in the recolit shippe the Plough the voyage in question, And he further
sayeth and deposeth That at Allecant recolit (where the said shippe the Plough
was bounde) Aquavit is very little worth, or not much esteemed of, And that before the
the tyme that the said shippe arrived on the Quoast of Barbary, shee was
become very leaky, by reason of the tempestuous weather that happened, And
that the said: Middleton stayed uppon the said Quoast of Barbary by the space
of 3 or 4: dayes (ut dicit) and during all that space was wholly imployed in
pcuring the arlate shippe the Plough to be repayred, and in stopping her
leakes, and could not (as this deponent beleiveth) dispose of the pipe of
Aquavite arlate there himselfe in regard he was bounde for allegant arlate
wherefore he delived the said pipe of Aquavite which was then halfe leaked
out) on board a shippe of London (whereof John Tillett was master) and
Comitted the Care and trust thereof unto one of the said shipps Company named
ffrances Arnold to dispose of the same for the best use and benefitt of the
recolit George Henly and to give him the said Middleton an accompt of
the proceede thereof All which prmisses this deponent sayeth to bee true of his
Certaine sight and knowledge being present and hearing and seeing all the
passages of the prmisses aliter nescit deponere./

Ad quartum dicit et deponent That he this deponent deponent knoweth and did see

That the recolit Tillets shippe (wherin the arlate pipe of aquavite was delivered as
aforesaid) was cast away and perished in the sea togeather with her ladeing
neere the xxx Plymouth uppon the West quoast of England aliter pro parte
sua ad hui pontem dicit quod nescit deponere./

Ad quintum dicit et deponit That within 2 dayes after the said shippe the
Plough departed Newfound Land as is recolit with her ladeing
of ffish bound for Allecant there happened an extreame and very violent
storme and tempest which Continued for the space of 6: dayes and nights and
upwards.
~~~
HCA 13/57 f.22r Annotate [CHECKED]
22

upwards in suche a manner That the waves of the sea often tymes came
over the hatches and rann into the shipps hould And that in the said storme,
the missen sayle of the aforesaid shippe was blowne and Carryed quite away
And he further sayeth and deposeth That the recolit Middleton and Company
were Constrayned (for the safeguard of their shippe and her ladeinge and her
Company lives) to Cast and throwe divers butts and Casks of water overboard
and other woodden vessells overboard Et ultra dicit et deponit That after
the recolit shippe the Plough had sayled about three hundred leagues from
Newfoundland (as is recolit) towards the Port of Allecant there happened
another great and violent storme which likewise continued in great entreamitie
for 2 dayes and nights togeather, by the violence whereof the mayne sayle
and some other of the said shipps sayles were blowne and Carryed away And
further sayeth that during that storme the waves came in, in suche abundance
over the hatches of the said shippe That the Company which were uppon her
decks could hardly discerne whither they were in the sea, or shippe, And
he sayeth that in both the said stormes the aforesaid shippe and goods
were in great dannger of perisheinge in the sea All which premisses hee
sayeth by vertue of his oath is most true of his owne Certaine and
knowledge aliter nescit deponere./

Ad sextum ponem dicto allegaconis dicit et deponit That a great quantitie of the
Ploughs ladeing of ffish became rotten and putrified and allogeather
unfitt to be eaten by reason of the salt water which came over the hatches
of the said shippe the Plough downe into her hould in both the stormes aforesaid
In regard whereof and for the preservation of the residue of the said shipps
ladeing of fish The recolit Thomas Middleton did Cause this deponent
and some other of the said shippes Company (in her passage from Newfoundland
towards Allecant) and after she came thither) to throwe and cast over
overboard into the sea the quantitie of aboute 50tie kintalls of the said
rotten and putrified fifth ut dicit aliter nescit deponere/

Ad septimum dicit et deponit (That to this deponents knowledge) the arlate [?Henly]
Middleton and Company (for the benefitt of the said Henly) did make 5
fish dayes in every weeke dureing the tyme that the recolit shippe was
at Newfoundland Andin her passage from thence towards Allecant
and from thence towards London (being aboute tenn monthes, ut continuat)
(And
~~~
HCA 13/57 f.22v Annotate [CHECKED]

And by that meanes did necessariely spend in the said shippe for the
victualling of her Company about the quantitie of 40tie kintalls of the
recolit fishe laden for the accompt of the said Henly All which premisses
this deponent (likewise) sayeth by vertue of his oath is most true,
aliter nescit deponere./

Ad octavum dicit et deponit, That soe soone or not long after the arlate Middleton
came to Allecant the voyage in question hee did make Consulado and caused
wittnesses there to bee examined ad perpetuam rei memor as is arlate
concerning the damage that happened to the shippe and her ladeing by the
stormes aforedeposed of, of which wittnessses this deponent sayeth hee was one
soe examined, And he sayeth that he did heare the said Middleton saye and
verily beleiveth That the recolit Middleton did being an attestacon or
exemplificacon of the proceedings done at Allecant about the premisses home
into England aliter pro parte sua dicit quod nescit deponere./

Ad nonum arlum et decimum arlum dicit et deponit That after such tyme as the arlate shippe the
Plough had arrived in the Roade of Allecant the arlate Middleton and
Company did deliver on shoare there unto the recolit Dr Lewes Nietto
(or unto his Assignes) all the ladeing of fish the shippe the Plough
had then on boarde her but to howe many kyntalls it extended this
deponent sayeth he knoweth not ut dicit aliter nescit deponere saving That
the said Dr Nietto did suffer to ly uppon the mould without the
gates of Allecant a great quantitie (videlicet about 2 boates ladeing of
a day of the said shippe) by the space of 48 houres and upwards ut dicit
and refused to take the same into his possession during the said tyme
whereuppon this deponent and some other of the said shipps Company were
appointed to watch and did watch and guarde the said ffish all the tyme
aforesaid to the hazard of theire lives

Ad decimum dicit et deponit That he this knoweth it to bee true That there
is an usuall allowance of 6 kintalls in every hundred kintalls of ffishe
discharged at Allecant and at most other ports in the King of
Spanies dominions as is recolit) which allowance is soe grannted and made by
all merchants that trade thither with the said Comoditie for the
(breakeing
~~~
HCA 13/57 f.23r Annotate [CHECKED]

23

breaking and losse thereof, which would otherwise happen by reason of the
pilferinge and violence of soulders boat men and pickeroones ut dicit
aliter nescit deponere./

Ad duodecimum dicit quod nescit deponere./

Ad tertio decimum dicit et deponit That the arlate Middleton (at Allecant aforesaid
did buy a certaine quantitie of Liquorice and imployed it for dennidge to
lay under the goods laden on board the recolit shippe by the said Henly to
preserve the same from wett, which liquorice tooke upp but little roome ut
dicit, but did preserve the goods aforesaid from much damage, but was it self
thereby spoyled for the most part ut dicit aliter nescit deponere./

Ad quartodecimum dicit et deponit, That during the tyme, That the recolit shippe the
Plough was at Allecant the voyage in question the said shipps provision
and victuall was neere spent whereuppon the arlate Middleton desired
the said Dr Lewes Nietto (in this deponents hearing) to furnish him with
monyes to buy victualls for his shipps Company But the said Dr Nietto
refused so to doe by reason of which refusall the arlate Middleton
was necessitated and enforced to sell muche about the quantitie of one
hundred and fower kintalls of fishe to buy bread and beefe and other victuall
for the said shipps Company whiles shee remayned at Allecant aforesaid and
likewise to sustaine them in their homewards voyage as is recolit aliter
ad hum ponem dicit quod nescit deponere./

Ad quintodecimum dicit et deponit That the said shippe the Plough in her homewards
voyage from Allecant was inforced to putt into the Isle of Wight
by Contrarye windes and to stay there about 10 dayes in Company of other
shippes, because there was not water enough for her to passe over the
barre ut dicit, And he further sayeth That whilest the said windes
Continued Contrary the recolit Middleton came upp to London (as this examinate
beleiveth) for the purpose recolit and was away from the said shippe
but by the space of 3 dayes ut dicit and stayed no longer then the
Pilott which hee hired there thought fitt for the safety of the said shippe
and goods aliter ad humoi ponem dicit quod nescit deponere./

Ad sextodecimum dicit et deponit That he well remembreth That the recolit shipp
the Plough was out uppon the voyage in question in the said Henlyes
or his Assignes service and imploymentt, by the space of twenty
(monethes
~~~
HCA 13/57 f.23v Annotate [CHECKED]

monthes and three dayes and that he this deponent togeather with the
rest of the said shippes Company were payd their wages for soe
many monthes as aforesaid. aliter nescit deponere./

Ad dwelt dicit praedeposita proper eum esse vera.

Thomas Whitte [signature, rh side]
----
14º Aprilis 1641

Henly contra Middleton)
Budd Martyn)

Willimus Henry parochia de Stepney in Comitatu Middlesex nauta
aetatiss 30 annorum aut eo circiter testis in hac causa productus iuratus et
examinatus dicit et deponit prout sequitur videlicet./

Ad primum arlum et secundum arlum ponem dicto allegaconis ss ex parte Marten in hac causa datus et
admissa dicit quod nescit deponere salvis non exaiatur ex direccone producents./

Ad tertium arlum ponem dicto allegaconis dicit et deponit That he this deponent went forth
Quarter master and Came home Gunner in the recolit shippe the Plough the voyage in
question And he verily beleiveth that Allecant where the said shippe was bounde
is a place where aquavite is not much worth in regarde of the plenty of wine, which is
their staple drinck there, And he further sayeth that the said shippe the Plough
before and at the tyme of her arrivall uppon the Quoast of Barbary (by reason
of the said tempestuous weather) was growne very leaky, And that the recolit
Middleton stayed uppon the aforesaid coast of Barbary about 5 dayes at the most
dureing all which tyme hee ymployed himselfe in gettinge his shippe repayred and in
stopping of her leakes, And likewise he sayeth and deposeth that the recolit Middleton
had not Convenient tyme to dispose of nor Could dispose of the pipe of aquavite
recolit himselfe but being bounde for Allecant delivered the said pipe of aquavite (which indeede
by reason of the shipps being tossed too and againe by tempestuous weather was muche
leaked out) on board a shippe of London (wherof one John Tullett was master)
and Comitted the trust thereof to some or one of the said shipps Company as this deponent
beleiveth to dispose thereof and to give an accompt as is recolit ut credit aliter
nescit deponere.

Ad quartum arlum pro parte sua dicit quod nescit deponere.

Ad quintum arlum dicit et deponent, That the first night after the shippe the Plough
had departed from Newfoundland with her lading of fish bound for Allecant as is
recolit there arose a very greate storme and tempest which Continued about
a aeavennight in which storme (the first might thereof) with her foresaile was splitt
by violence of the winde and sea togeather and that during that storme, the waves
did often flush and beate in and over the hatches of the said shippe and rann into
(her
~~~
HCA 13/57 f.24r Annotate [CHECKED]
24

her houlde, And he further sayeth That the recolit Middleton and Company were
enforced for the safeguard of them selves and shippe and her ladeing) to heave and
cast out some butts and Cask of water and other wooden vessells overboard Ulter
dicit et deponit. That after the said shippe the Plough had sayled aboute 300 leagues
from Newfoundland towards the port of Allecant there did happen another violent
storme in which the mayne sayle of said shippe was splitt And this deponent sayeth
that the waves came over and into the said shippe in such abundance that he beleiveth
some of her Company then uppon her decks could not well discerne whither they
were in the sea or on board In both which stormes predeposed of this deponent sayeth
That the said shippe the Plough (togeather with her ladeing) was in greate dannger
of perisheing in the sea to this deponents sight and knowledge. aliter nescit deponere.

Ad sextum arlum dicit et deponit, That a great quantitie of the ladeinge of fish on board the
Plough arlate by reason of the salt water which came over the hatches
into her hould) became rotten and putrified and was not fitt to be eaten, wherefore to
preserve the rest of the fish in the said shippe sounde and that it should not spoyle
nor be damnified) The recolit Thomas Middleton and Company (in the said shippes
passage from Newfoundlande towards Allecant) and also after they came into the
Roade of Allecant) did threw or Cast over boarde into the sea a great
quantitie of fish (but the certaine quantitie this deponent knoweth not) beinge
rotten and putrified as aforesaid aliter ad humoi ponem pro parte sua dicit quod nescit deponere

Ad septimum arlum dicit et deponit That the recolit Thomas Middleton (for the good and benefitt
of the said Henly (as this deponent beleiveth) did order make and Caused to bee kept
five fish dayes in every weeke by the space of 10 monethes or thereabouts
to this deponents best remembrance and by that means did necessariely spend a
great quantitie of her worst fish for the victuallinge of her Company ut dicit
but to what quantitie precisely, this deponent sayeth hee knoweth not aliter ad
humoi ponem dicit quod nescit deponere./

Ad octavum arlum dicit et deponent That the producent (so soone as he came to Allecant the
voyage in question (or not long after) did make Consulado and proved by
wittnesses (whereof this deponent was one) sworne and examined ad perpetuam rei
memoriam concerning suche damage as had happened to the said shippe the Plough
and her ladeing by reason of the stormes and fowle weather predeposed of; And hee
veriely beleiveth that the producent (at his returne from the said voyage) did
bring home with him and hath by him) an attestacon of the proceedings done
at Allecant for the iustifracon of his integritye in his ymployment the voyage
in question aliter pro parte sua dicit quod nescit deponere./

Ad nonum arlum
~~~
HCA 13/57 f.24v Annotate [CHECKED]

Ad nonum arlum et decimum arlum ponem dicto allegaconis dicit et deponent That after the recolit
shippe
the Plough arrived in the Roade of Allecant the producent and Company (to
this deponents sight and knowledge) did there deliver on shoare into the said
Dr Lewes Nietto or to his Assignes all the said shippes ladeing (then on
board her) of fish aliter pro parte sua dicit quod nescit deponere aliter qua examinatus

Ad undecimum arlum dicit pro parte sua nescit deponere./

Ad duodecimum arlum nescit deponere.

Ad tertio decimum arlum dicit et deponit that the Liquorice laden on board the arlate shippe the
Plough the voyage in question was imployed and used for denidge to lay under
the goods laden on board the said shippe by the recolit Henly or his ffactors
to this deponents sight and knowledge and tooke upp little roome in the said shippe as
it was disposed of in the said shippe, And he further sayeth and deposeth that some part of the
goods in the said shippe were preserved from damage and spoyle thereby but
that some part of the said Liquorice was thereby spoyled ut dicit aliter pro parte
sua dicit quod nescit deponere.

Ad quartodecimum arlum dicit et deponit, That whiles the shippe the Plough was at Allecant
recolit the voyage in question her victualls were neere spent, And this
deponent sayeth that the producent did then declare unto his shipps Company
in this deponents hearing That he had made knowne his wants unto the
arlate Dr Lewes Nietto and had desired him to furnish him the said
producent with monyes to buy victuall for his Company but that the said Nietto
refused so to doe, whereuppon the said producent was enforced to sell muche about
the quantitie of 104 kintalls of fish according to this deponents memory for the shipps provision of
bread beefe and other victuall whiles shee remayned at Allicant and to sustaine
her Company in her homewards voyage And this he sayeth by vertue of his oath
is most true. aliter nescit deponere./

Ad quintodecimum arlum dicit quod pro parte sua nescit deponere./

Ad sextodecimum arlum dicit et deponit That the recolit shippe the Plough was out uppon
the voyage in question in the ymployment and service of the recolit Henly
and his Assignes by the space of 20 monthes and upwards and That for
soe any monethes this deponent together with the rest of her Company received their
wages ut dicit aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera. 

william younger [SIGNATURE, RH SIDE]

Idem ad Interrogatoria. [CENTRE HEADING]

Ad primum respondet That he cometh a wittnes in his Cause at the request of
the producent, That he is pmised nothing for hhis deposicon, That hee favoreth the
parties litigant equally. aliter nescit respondere/

(Ad
~~~
HCA 13/57 f.25r Annotate
25

Ad secundum satisfactum est prius./

Ad tertium respondet et Credit That there was laden on board the said shippe Car
Plough the voyage in question about 10 pipes of Canarie wynes and about
3 pipes of aquavited and some quantitie of salt but how much this Respondent
and disposed and
sayeth he knoweth not to be transported as is interrogate aliter nescit respondere./

Ad quartum pro parte sua nescit respondere./

Ad quintum pro parte sua nescit p rent respondere

Ad sextum nescit respondere./

Ad tertium nescit respondere./

Ad octavum nescit respondere./

Ad tertium nescit respondere./

Ad decimum nescit respondere/

Ad undecimum nescit respondere./

Ad ultimum nescit, william younge
red
----
eadem die

Thomas White ad Interrogatoria)
Henly contra Middleton)
Budd Marten)

Ad primum interrogatoria respondet master vent in hac causa testificate requisicone
producents quod in his expectat and testimon in hac parte facien, Et quod partis
litigan equa interrogate

Ad secundum respondet quod satisfactum est prius./

Ad tertium respondet et Credit That there were about 12 pipes of Canary wines
laden on board the interrogate shippe the Plough for the Accompt of the
said Henly the voyage in question as hee beleiveth 2 pipe of aquavite
ut credit, fower tonns of salt ut credit, to be transported from the Canary
Islands to shipp to Newfoundland, and there to bee sould by the producent
for the use and benefitt of the producent as hee beleiveth aliter nescit respondere./

Ad quartum respondet pro parte sua nescit respondere ut dicit./

Ad tertium nescit respondere./

Ad sextodecimum nescit respondere./

Ad septimum nescit respondere./

Ad octavum nescit respondere.

Ad nonum nescit respondere./

Ad decimum nescit respondere

Ad undecimum respondet That the producent did saile directly from Allecant to the Isle
of Wight and stayed there about 10 dayes and or more ut credit aliter nescit
respondere.

Ad ultimum nescit respondere./

Thomas while
~~~
HCA 13/57 f.25v Annotate

15tº Aprilis 1647

Henly contra Middleton)
Budd Martyn)

Petrus Rosseter parochia de Stepney in comitatu Middlesex nauta
etats (quasi) 24 annorum testis in hac causa productus iuratus et examinatus
dicit et deponent prout sequit videlicet./

Ad primum et 2ann pons allegaconis ex parte Martyn in hac causa dicit et admissa
dicit et deponit That non examinatr de direcone producents./

Ad tertium ponem dicto allegaconis dicit et deponit That he this deponent went
Gunners Mate of and in the recolit shippe the Plough, the voyage in question
And he further sayeth That before and at the tyme that the said shippe the
Plough arrived on the Quoast of Barbary she was become very leaky by reason
of tempestuous weather and That the said Middleton dureing his stay there
which was but by the space of 4 dayes at most (to this deponents best
remembrance) did use his best endeavours and imploy himselfe in getting the
said shippe to be repayred and in stopping her leakes and that the pipe of
aquavitei recolit by reason of the workeing of the shippe and tempestuous
weather was much leaked out ut credit and by the said Middleton dd
on board a shippe of London ut dicit All which prmisses this deponent
sayeth by vertue of his oath is most true. aliter nescit deponere/

Ad quartum ponem dicto allegaconis dicit quod nescit deponere./

Ad quartum dicit et deponit That the next day after the recolit shippe the Plough
departed from the Newfoundland with her ladeing of fish bounde for
Allecant there happened an extreame tempest and storme which Continued about
7 dayes ut dicit and nights which caused the sea often to flash and beate
over the hatches of the said shippe and rann downe into her houlde And
That by the violence of the said storme the Mesne sayle of said shippe
was blowen or Carryed away And he further sayeth that the producent and
Company did heave divers butts and Casks of water (which were staved) overboard.
Ultxx dicit et deponit That after the said shippe the Plough had sayled
about 300 leagues from Newfoundland towards the Port of London Allecant
there happened another violent storme which continued in great extreamitye
about 2 dayes and nights by the violence whereof the maynsayle and some other
sayles of the said shippe were splitt and the waves came over the hatches of
the said shippe in suche aboundance that it muche dismayed and astonished all
the said shippes Company. And in very truth the said shippe in both the said
stormes
~~~
HCA 13/57 f.26r Annotate

26

stores predeposed of was in very great dannger of perisheing and being
suncke in the sea All which this deponent sayeth by vertue of his oath
is most true aliter nescit deponere./

Ad sextum dicit et deponit That by reason of the salt water that came into
the recolit shippe the Plough over her hatches and so downe into her houlde
in both the stormes aforesaid muche of her ladeing of fish became rotten and
muche putrifyed and unfitt to be eaten; In regard whereof and for the better
saveing and preservation of the residue of the said shippes ladeing from
spoyle and perisheinge the prducent was enforced (in the said shippes
and after she came there
passage from Newfoundland towards Allecant ⁁) to throwe or cast
overboard into the sea a great quantitie of rotten and putrified fish
but to howe many kintalls this deponent sayeth he knoweth not aliter
ad humoi ponem dicit quod nescit deponere./

Ad septimum dicit et deponit That the producent and Company of the recolit shippe the
Plough (for the benefitt of the recolit Henly as this deponent beleiveth) did
make and observe 4 fishe dayes in every weeke dureing all the time that the
arlate shippe was at Newfoundland and in her passage from thence to
Allecant and so to London which was muche aboute 9 or 10 monthes as is
arlate and by that means did necessariely spend in the said shippe for the
victualling of her Company a good quantitie of the said shipps ladeing of
fish but howe much this deponent sayeth hee knoweth not aliter pro parte sua dicit
quod nescit deponere./

Ad octavum dicit et deponit That he did heare and beleiveth That the producent
did make Consulad and prove by wittnesse (as Allecant) as is recolit but this
deponent sayeth That soe his part he certainely knoweth not nor was used
as a wittnest thereabouts aliter pro parte sua dicit quod nescit deponere./

Ad nonum dicit et deponit That this deponent did hee the shipps ladeing of
fifth delivered at Allecant by order of the producent, And he beleiveth That it
was delived unto the arlate Dr Lewes Nietto or his Assignes ffor that
he hath seene a letter from Mr Henly to that effect; but howe many
kintalls the said ladeing did Conteyne this deponent sayeth he knoweth not
ffor which fish this deponent sayeth he hath heard the producent say he hath a
discharge or receipt And he further sayeth That a great quantitie of the
fish aforesaid videlicet about 2 or 3 boats ladeing did lye uppon the Moulde
without the gates of Allecant by the space of 48 houres to this deponents knowledge
but by whose occasion this deponent sayeth hee knoweth not aliter nescit /
deponere.

Ad:
~~~
HCA 13/57 f.26v Annotate

Ad decimum dicit et deponit, That the producent (to this deponents knowledge did
Cause some of his shipps Company to guard and watch the fishe lyeing uppon
the mould as afore deposed of dureing all the tyme it so lay there aliter pro parte
sua dicit quod nescit deponere./

Ad undecimum dicit pro parte sua nescit deponere/

Ad duodecimum dicit quod nescit deponere.

Ad tertio decimum dicit et deponit That the Liguour laden on board the shippe the Plough
as is arlate was stowed on board the said shippe in holes where noth other of
the said shipps ladeing could be stowed and tooke upp little roome in the said shippe
aliter pro parte sua dicit quod nescit deponere./

Ad quartodecimum dicit That whilest the arlate shippe the Plough was at Allecant the
voyage in question her victualls were neere spent where uppon (as this deponent
conceiveth) the producent was enforced, to sell and did sell a good quantitie of
fifth to buy bread beefe and other pvision for the said shipps use dureinge her
stay there and for the sustenance of her Company homewards aliter nescit deponere

Ad quintodecimum dicit et deponit That the shippe the Plough was constrayned to putt into
the Isle of Weight (by reason of Contrery windes to Carry bee into the Downes
And that the same day that the said shippe came into the Cowes the producent
went in her longe boate to Portsmouth and so for London ut dicit aliter pro parte sua
againe
and Came to the said shippe ⁁ within 4 dayes at furthest ut dicit aliter nescit./
deponere./

Ad sextodecimum dicit et deponit, That he this deponent was taken into service of the
arlate shippe the Plough at Waterford in Ireland and remayned in the
said shippe till she came home fore London, which was by the space of 12
monthes and a halfe for all which tyme this deponent hath received all his
wages except 13. or 14s ut dicit aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse xxxa./
Peter Rossetter
Idem as interria

Ad prima respondet quod vxxx in hac causa testi sicular requiscone producents: quoad
in lil habut nec expertat p testimen, quoad litigantily equd favet

Ad 2um satisfacta et prius./

Ad 3um: 4um. 5um. 6. septimum. 8. 9. 10 interrogate nescit render pro parte sua

Ad 11um render That in the returne of the shippe the Plough from Allecant
homewards (she was (by stress of weather) put into Milford haven and from
there
Milford haven sailed to the Isle of Weight and ⁁ demoored and stayed about
5 dayes and no more ut credit aliter nescit respondere./

Ad aliter nescit respondere./

Peter Rossetter
~~~
HCA 13/57 f.27r Annotate
27

16to Aprilis 1641

Henly contra Middleton)
Budd: Martyn)

Robertus Hobday parochia in omni Sanctorum Bredstreete London
Nauta ad quinquagint annos natus testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur videlicet./

Ad primum et secundum pones dicto allegaconis ex parte Martyn in hac causa datus
et admissa dicit et deponit That non examinatr ex direccone producents
that he this deponent went a Comon man in the recolit shipp the Plough ye voyage in question and went into her at Waterford and

Ad tertium ponem dicto allegaconis dicit et deponit ⁁ That ⁁ the recolit shippe the
Plough when she came uppon the Quoast of Barbary was become exceeding
leakye by reason of the tempestuous weather shee had endowed And he further
sayeth That the said Middleton dureing all the tyme that hee stayed with his
shippe uppon the said: Quoast did ymploy himselfe in getting the said shippe
repayred and stopping her leakes aliter pro parte sua ad humoi ponem dicit quod
nescit deponere./

Ad quartum dicit quod nescit deponere./

Ad quintum dicit et deponit That within a day after the shippe the Plough departed
from Newfoundland with her ladeing of ffish for Allecant, there happened
a great and violent storme and tempest which: Continued about 9 dayes at least
ut credit in suche manner That the waves did often tymes fflash and
beate over the hatches of the shippe and ran into her houlde and her Missene sayle
was thereby blowne or Carryed away by the extreamitye of the said storme
And the said Middleton and Company for the prservacon of the said shippe and her
ladeing and Companies lives) was enforced to heave divers butts or Casks
of water and other vessells (which came next to hand) overboard And he further
sayeth That after the said shippe the Plough was departed from Newfoundland
towards Allecant there happened another great and violent storme continueing
in great entreamitye about 3 dayes and nights in and by the violence of which
the Mayn sayle of the said shippe was splitt and some other sayles lost or
spoyled And the waves of the sea came over the hatches into the said: shippe
soe abundantly That the wholle shipps Company were much astonished
there at And in truth the said: shippe the Plough and her Company and lading
in both the stormes predeposed of were in geat iopardy and dannger of
being cast away and sunck in the sea) And this he sayeth by vertue of his
oath is most true./ aliter nescit deponere./

Ad sextum dicit et deponit: That xxxx a great quantitie of the arlate shipps
ladeing of ffish (by reason of the salt water which came downe into her
(hould
~~~
HCA 13/57 f.27v Annotate

hould in the said stormes became rotten and putrified and unfitt to be eaten By
reason whereof and ffor that it should not spoyle and Corrupt the rest of
the said shipps ladeing of ffish the arlate Middleton Caused the same
rotten and putrifyed fish to bee (in her passage from Newfoundland towards
Allecant and after she came thither) to bee Cast or throwne overboard into
the sea but to what quantitie this deponent sayeth hee certainely knoweth not
All which hee sayeth by vertue of his oath is most true. aliter nescit deponere./

Ad septimum ponem dicto allegaconis dicit et deponit That the producent and Company by
reason of the scarcitie of flesh and for the benefitt of the said Henly ut credit
the tyme
did make 5 fish dayes in every weeke dureing ⁁ the said shippe the Plough was
at Newfoundland, and in her passage from thence to=wards Allecant and so to London
but for the certaintye of the tyme this deponent sayeth hee doth not Certainely
remember and by reason that means did necessariely spend a great quantitie
of the said shipps ladeing of fish (which was for the accompt of the said: Henly)
for and towards the victuallinge of her Company ut dicit aliter pro parte sua
dicit quod nescit deponere./

Ad octavum dicit et deponit That he this deponent, did heare and doth beleive That
the producent did (when he came to Allecant) did make Consulado and
Cause wittness there to be examined Concerninge the damage which happened
to his shippes ladeing by reason of the stormes afore deposed of aliter ad huim
ponem pro parte sua dicit quod nescit deponere./

Ad nonum dicit et deponit That after the arrivall of the articulate shippe the
Plough in the Roade of Allecant (as is arlate the producent and Company did
there deliver on shoare to the arlat dr: Lewes Nietto or his Assignes
(ut credit) all the said: shippes ladeing of fish some part whereof the said
Dr Nietto suffered to lye uppon the Mould by space without the gates
of Allecant for some certaine tyme ut dicit but howe longe this deponent
sayeth hee certainly knoweth not aliter nescit deponere.

Ad decimum dicit quod audivit et Credit et arlat aliter nescit deponere pro parte sua:/

Ad undecimum dicit et duodecimum pro parte sua dicit quod nescit deponere./

Ad tertio decimum ponem dicto allegaconis dicit et deponit That the liquorice laden on
board the articulate shippe the Plough was used and ymployed for dennidge
her ladeing
To lay keepe xxxxxxx from the shipps sides and to lay under the same and
tooke uppon no roome at all where any goods could bee stowed ut credit
And
~~~
HCA 13/57 f.28r Annotate
28

And he further sayeth That much of the said: shipps ladeing was prserved
by the placeing of the said Liquorice as aforesaid: but muche of the said
Liquorice was spoyled thereby. aliter nescit deponere./

Ad quartodecimum dicit That whiles the articulate shippe the Plough was at Allecant
the voyage in question her provison of victuall was neere spent And
this deponent did there heare and beleiveth) That the producent did move the
articulate Dr Lewes Nietto to furnish him with some monyes to buy some
provision of beefe bread and other victuall for the said shippes Company and
that the said Nietto had refused so to doe; where uppon the said producent
was inforced to sell and did sell a great quantitie of the shipps ladeing
of fish (but howe much this deponent certainely knoweth not) to buy the
said provision of victuall for the said: shipps use whiles shee stayed at Allecant
and for the sustenance of her Company in her homewards voyage ut dicit
aliter nescit deponere./

Ad quintodecimum dicit et deponit That the shippe the Plough being homewards
bounde from Allecant was forced into the Isle of Wight by Contrary
windes in Company of other shippes and that dureing the continuance of
the Contrarienes of the windes the producent came upp for London as
he veriely beleiveth and returned to the said shippe againe within 4 dayes
ut dicit aliter pro parte sua dicit quod nescit deponere/

Ad sextodecimum dicit That he hath heard and beleiveth that the arlate shippe the
Plough was in the service and ymploymt of the said Henly all the said: voyage
and hee sayeth that he this deponent was in the said shippe first and last

eleaven moneths and upwards and hath received his wages for soe many monthes ut
dicit aliter nescit deponere./

Robert Hobday

Ad ultimum dicit praedeposita proper eum esse vera.

Idem ad Interrogatoria.

Ad primum respondet quod veint in hac causa testificates regata producents.
quod in hac espectat testimonino; quad ptby equa favet./

Ad secundum: satisfactum est prius./

Ad tertium respondet et Credit That there were laden on boarde the Ploughe in the
the voyage in question about 12 or 14 pipes of Canary winds for the
account of the articulate Henly ut credit aliter nescit respondere/

Ad.
~~~
HCA 13/57 f.28v Annotate

Ad nonum pro parte sua nescit respondere./

Ad quintum. 6. 7. 8. 9. 10. x nescit respondere

Ad undecimum refert se ad predepoita proper eum (qua credit esse vera) aliter nescit respondere.

Ad duodecimum nescit respondere./

Robert Hobday
----
eadem die.

dcor

Isaccus Dorisla Civitats London xxxxxxxx ⁁ ad 46ta
ex parte annos natus testis in hac causa sup interrijs ex parte et p
pem Petri Vandeputt ad ppetuam rei memorium xxxxx
ministrat et inistrates productus iuratus et examinat dicit et
deponit prout sequitur videlicet.
Middleton xxxxxxxx

Negotiu examinacons testiu
(Ad perpetuam said memoria) ex parte

Petri Vandeput./ [SIGNATURE, RH SIDE]

Ad primum et 3um interria xxxxxxx dent dicit et deponit
hath knowne familiarly
That he this deponent ffor many yeares last part ⁁ master Giles Vandeputt
and master Peter Vandeputt his sonne which: said: Peter is notoriously

knowne to be a Londoner borne and so reputed and taken of all men that
knowe him And he further sayeth That the said: Peter Vandeputt hath
come divers tyme to this deponent and Complayned That a Chest of
in
Tabbyes was taken and surprized at sea by the Dunkerquers ⁁ by a

Certaine shippe of London called the Hynde wherin in which said: tabbies the
said Peter was interessed And further he sayeth that the said: Peter
hath desired this deponent to assist him in makeing his Clayme
and to finde meanes Convenient for the recovy of the said tabbies
About which buisnes this deponent (togeather with the said Peter) hath
divers tymes wayted uppon Sir Hen: Marten Judge of the high
Court of Admiraltie of England as likewise uppon the right honourable
extraordinary
the Marquess of Velada John Ambassador of the Catholick King with
his Matie, heere as likewise uppon the said Cathlick kings ordinary

Ambassador Don Antonio de Gardenes heere resident; Besides divers
other endeavors used by this deponent and the said Vandeputt for the
Clayminge and recovy of the said Chest of Tabbies taken as aforesaid And
this deponent further sayeth That the said Peter Vandeputt which nowe
Claymeth the said tabbies is the same Peter Vandeputt that was borne
and and baptized in this Citty of London and noe other All which hee
sayeth by vertue of his oath is most true aliter nescit deponere/

Isaac Dorisla
~~~
HCA 13/57 f.29r Annotate
29

xxmo Aprilis 1641.

Richus Whitlocke parochia Sancti Michelas Cornehill
London mercator annos agens 33: annorum aut eo Cicr
testis in hac causa productus iuratus et examinatus dicit et deponit
prout sequod videlicet.

Long, Wynd et alij contra
Harrison. Smith. Martyn

Ad primu ponem allegaconis ex parte Smith in hac causa datus et admissa
dicit quod pro parte sua nescit deponere./

Ad tertium ponem dicto allegaconis dicit et deponit That he this deponent doth
usually deale in potashes, And and knoweth that it is an ordinary thing
amongst merchants which send or shippe put other from Quinsborough articulate
to give unto the master of the shippe (wherein the said ashes are shipped) a
in noate under their hand for the bearing of the said potashes That is To pay
the Customs for the same in the sound of Denmarcke and at the Pillowe as is
arlate And he further sayeth That the said noate to made and given to the master is
ordinarily made short of the goods aforesaid both in weight and price as is
arlate; of which kinde of noates this deponent sayeth he for his owne paculer
hath usually given unto all the Mrs of such shippes as have transported
potashes for him from Quinsburrowe to the Sounde aforesaid And he
likewise sayeth That in case the said goods be lost or miscarry by the fault or
negligence of the master the parties that lade the same are not lyable to stand to
the said noate for their satisfaccon either in weight or prize All which this deponent
sayeth by vertue of his oath hee knoweth to bee true aliter nescit deponere.

Ad tertium dicit et deponit That he this deponent knoweth it to bee true That if
potashes shall be found to bee short entred either by little or muche of what
they weigh yet there shall no more thereof be confiscated then soe much as
as found to bee short entred or not entred, and that he hath knowne examples of
in like Cases) ut dicit aliter nescit deponere./

Ad quartum pro parte sua dicit quod nescit deponere./

Ad quintum dicit et deponit That he this deponent being in Elsenore when the
articulate Harrison entred his shippe did heere the Searchers and Customers
there say, that the master Harrison had not entred any port ashes at all in the
said: Customehouse aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera
Idem
~~~
HCA 13/57 f.29v Annotate
eadem die

Idem ad allum allegacone parte saith in hac causa datus et admissa andr

Ad primu ponem dicto allegaconis dicit et deponit, That he this deponent was
in the Sounde of Denmark when the pottashes articulate were seized uppon And
that this deponent did heard the Officers there say That they had notice before
the articulate Harrisons shippe came thither That hee had some potashes in her
and that of the said Harrison and Xxxxxxx had but entred tenn fatts thereof
the might have passed free without question aliter nescit deponere./

Ad secundum dicit quod nescit deponere./

Ad ultimum dicit predeposita proper eum esse vera.
[I HAVE DELETED ONE LINE BY MISTAKE]

Ad secundum ponem dicto allegaconis dicit et deponit That there was another
shippe then in Company of the allsoe arlate Harrison when the potashes in
question were seized in which shippe this deponent sayeth hee had twenty fatts
of potashes every fatt weighinge one with another about 6 shipp pound and
That the entred them not at full 5 shipp pounde p fatt, which notwithstanding
passed Currantly and whout question ut dicit aliter nescit deponere./

Ad ultimum dicit predepoita proper eum esse vera.

Richard Whitlock

Idem ad Interrogatoria 1º loco./

Ad primu respondet et rendit That some fatts of pottashes, which are laden at
Quinsburrough containe but 4 shipp pounds p fatt and some not so much
ut dicit aliter nescit respondere./

Ad secundum respondet et Credit That many shippes have beene searched in the
Sound of Denmarcke by the Officers there and goods aboard them weighed
And that in case any goods of what nature soe be some to weight moorer
then the enterrance thereof xxx the overplus of the same is usually confiscated
to the King of Denmarcke ut dicit aliter nescit respondere./

Ad tertium respondet refert se ad praedeposita prem allegacon in acco die.
factu qua credit esse vera aliter nescit respondere./
Idem ad Interrogatoria 2º loco.

Ad primu interrogate respondet et credit That in case goods be taken away by
reason that the Cleareinge noates come short of the true quantitie the over
=plus the merchant is to stand to the adventure of and not the master: aliter
nescit respondere./

Ad:
~~~
HCA 13/57 f.30r Annotate

30

Ad secundum respondet et Credit, That there is difference in the goodnes of
potashes) and some tymes a three penny difference in the price and valew Et
aliter qua referendo se ad predepoita proper eum allegacons ut supra nescit respondere

Ad tertium rell nescit respondere aliter qua referendo se ut supra.

Richard Whiltock
----
eadem die

Henricus Potkine parochia Sancti Margarete Pattins London
mercator etats 23 annorum aut eo circiter testis in hac parte
productus iuratus et examinat dicit et deponit prout sequitur videlicet.
Negotiu examinus testimon

Ad pperam said memoria/

Peter Vandeputt./ [SIGNATURE, RH SIDE]

Ad primu et secundum interrogate dicit et deponit That he hath knowne one Peter
Vandeputt the reputed sonne of Gyles Vandeputt merchant by the space of
six yeares last past which Peter Vandeputt liveth in the parish of Saint
Margarett Pattins London and is a merchant by profession to this deponents
knowledge aliter nescit deponere./

Ad tertium dicit et deponit That he well knoweth that the interrate Peter Vandeputt
is interested in the Case of silke tabbyes interrogate laden on boarde the shippe
the Hinde of London (whereof Thomas Hart was master) for that he this
deponent liveth in the house with the said Vandeputt and recxxx was and is
Conversant with his bookes and bussines which said shippe the Hynde was
taken and Carryed into Dunquerck and that the said tabbies were there
Claymed by and on the behalfe of the said Peter Vandeputt which this
deponent sayeth he knoweth to bee true ffor that he hath seene all his letters
that have passed about the same; And he further sayeth That the said:
Peter Vandeputt that Claymed the said tabbyes is the same Peter Vandeputt
was
which this deponent hath spoken of to the 2 next prcedent arles interrogatories
aliter nescit deponere.

Hen: Potkine.
----
xxjº Aprilis 1641.

Johannes Day parochia Sancti Gabrielis ffenchurche mercator etats
45: annoru aut eo circiter testis in hac parte productus iuratus et examinatus
dicit et deponit prout sequitur videlicet.

In negatived

Ad primu et 3um interrogate dicit et deponit, That he knoweth and hath knowe
the interrogate Peter Vandeputt about 14 yeares last past whoe is reputed the
sonne
~~~
HCA 13/57 f.30v Annotate

sonne of the said Gyles Vandeputt merchant And this Rendent further
sayeth That he hath searched the Church booke belonginge to the dutche
Church scituate in Augustine ffryers London and findeth that the said:
Peter Vandeputt was baptized there in the yeare of our Lorde 1611 and the
25th of the moneth of August anno prd And he further sayeth that the
said Peter Vandeputt liveth neere Towee streete London but in what parish
this deponent sayeth he knoweth not but is a merchant ut dicit aliter
nescit deponere./

Ad quintum dicit et deponit That this Respondent was told by the interrt.
Peter Vandeput xxxxxxxxxxxxxx that he was intressed in the interrogate
laden on board the Hynde of London Thomas Hart master
Case of silke tabbyes ⁁ which this deponent sayeth hee beleiveth to bee true.
ffor that the said Peter Vandeput did procure this deponent to goe over and this
deponent did likewise goe over to Dunquerck to lay Claime unto the said tabbyes
on his behalfe and Carryed over with him a procuracon to Jaques did Brewer of
Dunquercke merchant with instruccons about thesame And he further sayeth That
the said Peter Vandeput that all soe Claymed the said Tabbyes is the same
Peter Vandeput to the 1. and 2 interies deposed of ut credit aliter
nescit deponere./

John Day
----
22da Aprilis 1641.

Josephus Collins parochia de Stepney in comitatu Middlesex
nauta etats 40ta annorum aut eo circiter testis in circia
productus iuratus et examinatus dicit et deponit prout sequitur videlicet.

Ad primu ponem dicto allegaconis dicit et deponit
Negotiu examinacons testium
ad ppetuam rei memoriam pruit
p Humfridum Onby Thomam
Briggs et aliorum mercatorum
contra Georgium Clements et al:
Proprietor Navis the Anne
and Elizabeth: Budd Smith
That

the arlate shippe the Anne and Elsabeth in the monethes of
ffebruaris 1639. articulate was designed and appointed for a voyage
from this xxx Port of London to the Quoast of Barbary which
this deponent sayeth hee knoweth to bee true, ffor that he was ymployed as a
ffactor to assist assist in the sale of suche goods as were transported in her
to those parts and went in her to the purpose the voyage in question, And he further
sayeth That in the said moneth of ffebruarie (tempus aliter non bene memoriat) the
arlate Humfrey Oneby, Thomas Briggs George Henly and Christopher
Whitchcott did lade on boarde the said shippe all such goods as they intended
to lade in her for her outward voyage but what day of the moneth the said: shipp
was cleered out of the Customehouse this deponent likewise sayeth he knoweth not
aliter nescit deponere ut dicit. saveing that neere aboute that tyme shee was cleere to goe

Ad:
~~~
HCA 13/57 f.31r Annotate
31

Ad secundum ponem dicto allegaconis dicit et deponit That in the yeare and monthes as arlate
there was another shippe named the William whereof one John Brookes was master
which was bounde for the same places that the Anne and Elsabeth was and that both
there shippes rode at anchor in the River of Thames certaine dayes in the said
monthe of ffebruarie, neere Debtford bounde for their intended voyage aliter
pro parte sua dicit quod nescit deponere./

Ad tertium dicit et deponit That within the tyme arlate the said shippe the Anne and
Elsabeth was laden and cleered as is arlate xxx and that from the 10th unto the
21th day of the articulate monthe of ffebruarie anno arlate the winde and was contrary
so as the Anne and Elsabeth could not conveniently fall downe to Gravesend but that
the shippe the William being of lesser draught made a shift to tarne downe
to Gravesend within one of the dayes aforesaid and tooke her soonest oportunitie of
sayleing from thence into the Downes ut credit and so foreward on her voyage
aforesaid aliter pro parte sua dicit quod nescit deponere./

Ad quartum dicit et deponit That uppon the 28th day of the moneth of ffebruarye
articulate the said shippe the Anne and Elsabeth being laden and discharged as is
arlate passed over the fflatts into the Downes (in Company of a shippe called the Hart of
London and divers other small vessells) with the winde at Nore and by west) and there
Cast anchor which the said shippe the Hart and other small vessells did not, but
stood away to the Southwards out of the Downes and plyed their voyage to the
Westward with the same oportunitie of winde they had But that the master:
went not along with them because he pretended and told this deponent he wanted 4 or 5
hogsheads of fresh water and sayde hee would sett sayle the next day if the winde
Continued aliter ad humoi ponem dicit quod nescit deponere./

Ad 5 et sextum dicit et deponit That uppon the 29th day of ffebro: in the morneing
betymes the master of the shippe the Anne and Elsabeth sent his shipps boate
on shoare for water and went himselfe in a shallopp on shoare (as he pretended) to
send a letter up to London and beinge landed sent the shallopp on board againe and tooke
house and roade for Sandwich and that about 9 of the clock the same day the boate
returned with water and then the Mates of the shippe and ffactors sent their
Shallopp on shoare for the master (the winde being then at Nore Norewest and Nore and
by sometimes at Nore and by west and bloweing very hard) and wayted for the said:
shallopp but shee came not that night, but the master: caused her to be hawled upp
the first of March
on shoare and remayned there with part of his Company till Sonday ⁁2 of the clock
in the afternoone at which tyme he came on board but left three of his
men:
~~~
HCA 13/57 f.31v Annotate

men behoode with) hee sayd hee would not goe to sea without and that uppon the
said Sunday and Sunday might the said shippe the Anne and Elaabeth rode in the
Downes with the winde at Nore and sometimes Nore and by East a very hard gale of winde
That the second day (being Monday) in the morneing the said: master went on shoare
with the shallopp againe and brought his three men from the shoare and aboute 12
of the clocke the same day the master and Company sett sayle and Came into Dover Roade where
they founde Captaine Jourdaine bounde for the East Indies in the shippe the Casar
and there spent some 2 howres tyme for his Company but that the said: shippe
the Cassar sayleing better then the Anne and Elsabeth went away and left her
ut dicit aliter nescit deponere., saving that the winde contained fayre till
tuesday morning at which tyme the Anne and Elsabeth was some 6 leagues to
the West ward of Beachy./

Ad sextum dicit et deponit That after the shippe the Anne and Elsabeth
returned into the Downes from Dover Roade videlicet uppon the 25th of March
articulate the winde was at Southeast, the 26th at Southeast and by east, and
the 27th: day at Southeast and by east all three dayes fayer weather But that
by the master and ffactors Consents
then then the said Anne and Elsabeth was ⁁ consorted with a shippe called the Exchange
whereof William Browne was Captaine, which Captaine, with his shippe
uppon the said 27th of Marche did sett sayle and the said: Anne and Elsabeth in Company
said shippe
they
But the winde takeing the ⁁ Anne and Elsabeth contrary shee came into the
Downes againe the same day aliter nescit deponere pro parte sua ut dicit./

Ad octavum 9. 10. 11 12 et 13 pones dicto alluis dicit et deponit That the 31th: day of the monthe of Marche articulate
in the morneing the winde at Southast and fayer weather and that uppon
the same daye in the morneing divers shippes whereof some were the Kings and
some others sett sayle and proceeded out of the Downes bounde to the Westward
and went all out except the articulate shippe the Exchange and the Anne and
Elsabeth the master of the said Anne and Elsabeth goeing on shoare in the
shallopp in the morneing kept the said shallopp there till night, In the meane
tyme the Mates on board fetched one anchor on boarde and heaved a pike to the
other intending to sett sayle when the Shallopp came but the master comeinge
on board at night in a very distempered manner caused the gunner to give swords
and pikes into the boate and Caused his Mate Robert Eusome to goe on shoare
with him to end some quarrell as this deponent understood was bredd ther
And he further sayeth that aboute Madright the said master and his Mate came
on board:
~~~
HCA 13/57 f.32r Annotate

on board the winde being then at East and by South, but left 3 or 4: of his
Company behinde and being on board commanded the Cable to be taken from the
Capsten and to veere out longer scope that the said shippe might ryde; And
he further sayeth That the next morneinge being the first of Aprill the
master: of the Anne and Elzabeth caused 2 peeces of Ordnance to be putt off and
hung out of a wast to cause his men to come aboard and that the same day
after noone the said men came on board in a boate of the shoare; That the second
day in the morne the Ann and Elsabeth sett sayle with the winde at Nore Noreeast
and being at the South foreland layde lay by the Lee for her Admirall and
(being by the Lee) drove till shee came upp neere dungen Ness: It being neere
night the said Admirall came upp with her and sayled a head of her putting out
his light, but that shippe goeing better then the Anne and Elsabeth caused her to
beare more sayle then ordinarie in such a gale of winde; by meanes whereof she
lost her foremast and xxxx bolsprett and an anchor from her Bow and with much
extreamitye was driven over uppon the Quoast of ffrance neere the Hagg But
by Gods providence the winde comeing about Southerly brought the said: shippe into
the Isle of Wight the uppon the 5th day of Aprill ut dicit aliter nescit
deponent
deponere., saving That this articulate Joseph Xxxxx did earnestly intreate the
arlate Stephenson not to goe on shoare with swords and pikes as before is
deposed of. but not prevayleing did likewise intent his Mates and Gunner to pswade
had to the Contrary./

Ad quartodecimum ponem dicto alluis dicit et deponit That the arlate shippe the Ann
and Elsabeth being in a place where shee could not be furnished with sayles
but from London (videlicet at Portsmouth) could not bee repayred in so short a
space of tyme as is articulate and the Kings shippes goeing out from thence
pressed away 8 or 10 of her men which was a hyndrance to her dispatche
and the said: shippes maynmast being found faultie was faine to bee had out and
mended aliter nescit deponere.

Ad: quintodecimum ponem dicit et deponit That the articulate shippe the William
arrived in Barbary neere aboute the 16th day of March anno arlate
And this deponent sayeth That he verily beleiveth that the articulate shippe the
Anne and Elsabeth might have arrived there neere aboute that tyme if
shee had taken all her Conveniencies and oportunities ut dicit, but arrived not
uppon the said Quoast untill the 7th of June arlate aliter nescit deponere./
in sa quod praedeposita proper eum suit vera.

Joseph Collins
~~~
HCA 13/57 f.32v Annotate

Idem ad Interrogatoria/

Ad primum respondet quod non Concernt huic rendente

Ad secundum satisfactum est prius./

Ad tertium respondet quod refert se ad praedeposita proper eum allegacon qua redder else
vera. savinge that the interrogate Oneby Bragges and Company payd the said
ffactors wages./

Ad quartum respondet That the shippe the Anne and Elsabeth interrogate was of the burthen of aboute
150tie tonns That the William was about 100 tonns et aliter qua referendo
se ad predepoita proper eum dicit quod nescit respondere./

Ad quintum. 6. et septimum respondet quod refert se ut supra aliter nescit respondere./
in the Downes

Ad octavum respondet That the interrogate Streete was twice on shoare ⁁ once when
he went for water and the second tyme when the master: went on shoare with
only one tyme
pikes and swords as is predeposed of but that this Rendent was xxx
but stayed not
on shoard at all aliter nescit respondere aliter qua supra

Ad 9 respondet quod refert se ad predepoita proper eum qua poia alluis prd que
credit esse vera aliter nescit respondere

Ad undecimum respondet That Anne and Elsabeth did divs tymes after the 4th of
March intert putt out and goe to sea but was still driven back by
contrary winds and forced to come to anchor aliter nescit respondere/

Ad 11 et ultimum respondet quod refert se ad praedeposita proper eum ut supra aliter
nescit respondere/

Joseph Collins [SIGNATURE, RH SIDE]

recod pra 69 p interrogate/
~~~
HCA 13/57 f.33r Annotate
T
33

16º Aprilis 1641

ex parte Johis Scott et
soc Martyn

1s

Rs. E. B

Daniel Nickson de of Stepney in the County of
Middlesex mariner late aged aboute 29 yeares late masters
Mate of the shippe the Richard and Nathaniel of
London (John Scott master) sworne before the worshipfull
Willmj Sames Surrogate to the righte worshipfull Sir Henry Marten
knighte Judge of his Majesties highe Courte of the Admiralty beinge
examined uppon certaine interrogatories ministred to him on the
behalfe of the said Scott and Company saieth and deposeth
thereto as followeth videlicet./

Negotiu examinacons testiu
ad perpetua rei memoria

To the firste Interrogatory hee answereth and deposeth That hee this examinate
was one of the masters Mates of the interrogate shippe the
Richard and Nathaniel in this her laste voyage from this Porte of
London to the Canaries and from thence backe againe to this Porte
of London and served in her all the said voyage

To the second Interrogatory hee saieth That before the foresaid shipps
out of the Downes
departure from over outwards bounde the voyage in question
all or moste of the Company complained of the badnes of the
beere and founde faulte therewith alleageinge that it stuncke and
after they came to Plymouth interrogate some of them fell sicke and
soe continued for the space of a weeke some more, some lesse
which sicknes was generallye suspected to arise and befall them by
reason of the foresaid beere which they druncke the same beinge
putrified and stinckinge And this hee affirmeth uppon his oath
to bee true reddens racoem scien sua ut supra./

To the third hee saieth That in the said shipps outwards voyage
from this Porte of London towards the Canary Islands wheather
shee was bounde the wynde came soe contrary that they could
not possiblye beate it out of the Channell but were forced to put
into Plymouth uppon Satturday the 21th of August laste paste
to his beste remembrance aboute 3 of the Clocke in the afternoone and
stayed there for a faire wynde untill the Monday morneinge
followeinge at which tyme the wynde serveinge then faire to
carry the said shippe out therehence they did sett saile therehence
and sailed it saileinge therehence onwards uppon her voyage
beinge gotten to the Westwarde of ffoye the wynde came contrary
againe and forced them backe againe into ffoye, And this
hee affirmeth uppon his oath to bee true reddens racoem
scien sua ut supra./

To the 4th hee saieth That it was the 25th day of Auguste
aforesaid to his beste remembrance aboute midd daye when the said shippe
the first tyme
was forced and put into ffoye aforesaid by contrary wyndes and then shee
but
stayed there by the space of twoe dayes little more or lesse and
while shee layed thered bounder ashore tooke into here twoe in
then putt out to sea againe and was againe the second tyme
forced by contrary wyndes forced backe into ffowy where shee 
~~~
HCA 13/57 f.33v Annotate

wynde bounde by the space of 5 or 6 dayes more and whileste shee laye there wynde bounde they
tooke in twoe hogsheades of freshe beere for the said shipps provision (the
tooke in his
Companye refuseinge to drincke of the other beere by reason of
the badnes thereof) and ⁁ certaine quantity of pilchards, but
a
wheather it were the first tyme of theire puttinge into ffoye
or the second tyme, that they tooke in the said beere and
pilchards or not hee remembreth not but sayeth that for all
the tyme they laye or stayed at ffoye aforesaid they neglected
or lett slippe noe opportunitye of a faire wynde in striveinge
to gett out of the harbour, and hee beleeveth if they wynde the
voyage in question had proved faire they had not putt into ffoye
or any other place at all but had sailed on theire voyage directly
for the Cananes notwithstandinge theire stinckeinge beere aforesaid
And this hee affirmeth uppon his oath to bee true reddens racoem
scien sua ut supra./

To the 5th hee referreth himselfe to what hee hath formerlye
deposed and more cannott depose onelye hee saieth it was to his
beste remembrance the same day as nighte when they firste sett
saile from ffoye that they were forced in backe againe theither
and the firste of September followe laste paste when they laste
sett saile and departed therehense and alls the voyage in question
they neglected or lett slippe noe oppertunitye of a faire wynde
to proceede on theire voyage outwards bounde: And this hee
affirmeth uppon oath to bee true reddens racoem scien sua ut supra/

Daniel Nixon
----
die pred

p Scott./

2s

Rs. E. B.

John ffettiplace of Ratcliffe in the County of Middlesex
marriner aged aboute 30 yeares sworne and examined as
aforesaid sayeth and deposeth as followeth videlicet/

To the firste Interrogatory in this behalfe ministred hee saieth and
deposeth That hee this examinate was in the interrogate shippe the
Richard and Nathaniel (John Scott master) all this her laste
voyage from this Porte of London to the Canaryes and backe
therehense for London againe and was boatswaynes mate of her the
said voyage./

To the seconde hee saieth that all the said shipps provision of
beere which was laden aboard her here in the River of Thames
for the voyage in question by that tyme the said shippe came to
Plymouth was putrified and stuncke soe that her Captaine
Company complained thereof and were scarce able to drincke it
and some of them uppon drinckeinge of it fell sicke and lay
sicke some by the space of two or three dayes some a weeke
or a fortnighte some more and some lesse which sicknes was suspected
to arise and came to them by reason of theire drinckinge of the said
stunck stinckinge beere And this hee affirmeth uppon his oath
~~~
HCA 13/57 f.34r Annotate

34

to bee true hee beinge one of those that was sicke with drinckeinge
of the said stinckeinge beere the said voyage and laye sicke
thereof by the space of allmoste three weekes./

To the third hee saieth That the said shippe after her departure
out of the River of Thames the voyage in question was very much
hindred and crossed by contrary wyndes, and in her course
towards the Canaries wheither shee was bounde the wynde was
soe contrary to her that they could not beate it out of the
Channell but were forced to put into Plymouth and did put
in there uppon a Satturday in the afternoone and stayed there
untill the Monday followeinge for a faire wynde and then
the wynde comeinge faire they sett saile therehense and beinge
gotten to Westwarde of ffoye the wynde comeinge contrary
againe they were forced to put into ffoye And did put
in theither And this hee affirmeth uppon his oath to bee true
reddens racoem scien sua ut supra./

To the 4th and 5th hee saieth that hee doth not remember
what daye it was when the said shippe put was forced and putt
into ffoye aforesaid but saieth that shee was twice forced into
ffoy by contrary wyndes and the firste tyme shee sett saile
therehence in the morninge and was driven backe theither
the firste tyme she laye wynde bounde but
againe in the afternoone and shee there stayd but twoe dayes
but the second tyme shee laye wynde bounde by the space of
5 or 6 dayes more, and whileste shee was at ffoye aforesaid
they tooke in twoe hogsheades of ffreshe beere and ⁁ certaine
a
dureinge
quantitye of pilchards and ⁁ for all the tyme they laye at ffoye
aforesaid they neglected or lett slipp noe faire wynde without
attempteinge and endeavoureinge to goe to sea And hee beleeveth
that if the wynde have pved faire the voyage in question outwards
bounde they had not put into ffoye at al nor any other place
at all (notwithstandinge theire stinckeinge beere aforesaid) but had
plyed and followed on theire course directlye for the Cany
aforesaid And this hee affirmeth uppon his oath to bee true
reddens racoem scien et credulatis ss ut supra./

Signu
Johis
ffettiplace./
B
~~~
HCA 13/57 f.34v Annotate

20o Aprilis 1641

Adams et alj eius socij contra)
Middleton et alios Smith)
Budd)

Johannes Bundocke de Saint Peters ad Vincula London
nauta annos agens 28 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout
sequitur videlicet /

Ad primu arlu libelli ex parte Addams et senor in hac parte datus et
and unto the tymes of her casteinge anye
admissa deponit et dicit That for all the tyme more the
arlate Thomas Addams, Thomas ffreeman, William Pennoyer
and Company were owners and proprietors of the arlate shippe
the Jane Anne Judith als the Jane and Judith and for
such comonlye accounted reputed and taken And this hee knoweth
to bee true beinge for all the said tyme master of her Al aliter
nescit /

Ad secundum and tertium deponit et dicit That within the tyme arlate to this examinats
nowe beste remembrance at Lisbone, the voyage in question there
Chests of and barrells of
were all and singular the severall ⁁ goodes schedulated under the
marcks in the margente of the said schedule laden and put aboard
the arlate shippe the Jane Anne Judith als the Jane And
Judith to bee transported therehense to this Porte of London or some
other Ports here in England but for whose accounte or to whome
the same goodes did belonge hee remembreth not but referreth himselfe
to the arlate schedule and a former schedule given by him under his
hand into the Registry of this Courte wherein hee conceiveth all the
said goodes schedulated are expressed and otherwise then in that schedule
salvis predepoits
is contained ⁁ to this article hee cannott depose onelye hee beleeveth the
said goodes did at the tyme of the ladeinge of them aboard the
respectivelye./
arlate shippe ⁁ belonge and appertaine unto all or some of the
parties in the arlate schedule menconed./

Ad quartum pro parte sua nescit deponere ut dicit./

Ad quintum deponit et dicit That within the tyme arlate all and
singular the goodes, monies Jewells and silver and other merchantdices
in the amore schedule menconed and expressed were amongste
the reste of the said shipps ladeinge the voyage in question alsoe laden
and putt aboard the arlate shippe at Lisborne to bee alsoe transported
therehense to this Porte of London for the use and accounte of the
arlate Middleton, and the reste in the said schedule menconed as hee
this examinate conceiveth At aliter nescit /

Ad sextum deponit et dicit That as soone as the arlate shippe was
laden with the foresaid goodes and merchantdices hee this examinate and
Company sett saile with her from Lisborne aforesaid towards this
Porte of London, intendinge and resolveinge here to deliver and
unlade the said goodes which hee knoweth to bee true reddens
racoem scien sua ut supra./

Ad 7 deponit et dicit That in the said shipps course from
Lisbone aforesaid towards this Porte of London, shee was by misfortune
~~~
HCA 13/57 f.35r Annotate

35

in foggy mistye weather driven or runn uppon the sands at or
neere a place called Warme heade in Wales without any faulte
or neglecte in him this examinate the master of her or any of his
Company And this hee affirmeth uppon his oath to bee true
reddens rationem scien sua ut supra at aliter nescit /

Ad octavum deponit et dicit That whileste the arlate shippe the Jane
Anne Judith als the Jane and Judith was and remained uppon
the sands aforesaid hee this examinate and Company did use all the
meanes and dilligence they could to gett the said shippe with her
ladeinge from off the said sands and to cleere her and in gettinge
her off broake and loste her Rudder whereby shee pved leakye
And this hee affirmeth uppon his oath to bee true reddens racoem
it
scien sua supra. At aliter nescit/

Ad 9 deponit et dicit That within the space of an howers tyme
after the said shippe with the losse of her Rudder aforesaid was gott of from
the foresaid sand shee beinge imbayed and not able for wante of her
a rudder to steere it out was forced to come to anchor and did come
to an anchor in Roshell bay arlate where they were in some hopes
at firste to have stopped the said shippes leakes which shee had
sprunge in looseinge her rudder aforesaid. And this hee affirmeth
uppon his oath to bee true Al aliter nescit /

Ad decimum deponit et dicit That as soone as they had broughte the
arlate shippe to an anchor as aforesaid they did use all the care
and industrye they could devise to finde out and stoppe the foresaid
leake which shee had sprunge by the losse of her Rudder aforesaid
but by noe meanes could finde out and stoppe the same And
this hee affirmeth uppon oath to bee true reddens racoem scien sua
ut supra, At aliter nescit /

Ad undecimum et duodecimum deponit et dicit That when hee this examinate and his Company
sawe that there was noe likelyehoode of findeinge out and stoppinge
the foresaid leake but and that notwithstandinge all that they did or
could doe yet the same did more and more encrease and that
thereby there was greate dannger of looseinge both shippe and goodes
if they did still continue and abide where they were, hee and his
Mates and some others of his Company did advise togeather
what was fitteste for them to doe to save and preserve the beste
of her ladeinge there beinge little hopes at all of saveinge the shippe
and at laste they concluded that the beste way was to save the
moste of her ladeinge to cut her Cable by which shee rodd and
runn her a shoare and this hee affirmeth uppon his oath to bee
true Al aliter nescit /

Ad tertio decimum deponit et dicit That after hee this examinate had advised with
his Majesties as aforesaid the said Anch shipps Cable by which shee rodd
was cutt the better to preserve xx such of her ladeinge as they could
and to noe other intent and purpose And this hee affirmeth uppon
his oath to bee true At aliter nescit/
~~~
HCA 13/57 f.35v Annotate

Ad 14 deponit et dicit That after such tyme as the foresaid Cable
was cutt the said shippe with her ladeinge then aboard did
drive a shoare And this hee affirmeth uppon his oath to bee
true reddens racoem scien sua ut supra, at aliter nescit /

Ad quintodecimum deponit et dicit That after the said shippe was run
or driven a shoare as aforesaid hee this examinate and as many of his
Company as hee could gett to helpe him did use the beste
meanes and endeavors they could to save and preserve the gold
silver, Jewells and other Comodities in the arlate schedule menconed
accounteinge them the moste pretious and richeste comodities and
in saveinge and preserveinge them did neglecte other goodes
aboard the said shippe as alsoe the said shippe and her tackle and
furniture And this hee affirmeth uppon his oath to bee true
reddens racoem scien sua ut supra Al aliter nescit /

Ad sextodecimum deponit et dicit That hee this examinate was fainte to imploy
his Majesties and some others of his Company on shoare to stay on
shoare to looke to and preserve and keepe the goods monies
Jewells and and other merchantdices in the arlate second schedule
menconed after they had saved the same from the spoile
of the Country people whoe came downe a greate many of
them to see what they could gett as hee conceiveth and thereby
hee loste some other of the goodes in the firste schedule arlate
mentioned which hee conceiveth mighte otherwise have bine saved
and preserved And this hee affirmeth uppon oath to bee true /
Al aliter nescit /

Ad 17 deponit et dicit That whileste hee this examinate and Company
such of his Company whome hee could procure to assiste and
helpe him were saveinge preserveinge and keepeinge the gold
silver Jewells monies and other goods in the second schedule
arlate menconed all and singular the goods and merchantdices
in the said firste schedule alsoe menconed beinge then aboard the said
shippe togeather with the said shippe were loste and perished in the
sea And this hee affirmeth uppon his oath to bee true Al aliter nescit /

Ad decimum refert se ad predepoita et aliter nescit saveinge hee saieth
that in case they had not used soe much care paines and
dilligence as they did in preserveinge, saveinge and keepeinge
the foresaid gold, salver, Jewells, monies and merchantdices in ⁁ foresaid
the
second schedule menconed hee beleeveth they mighte have preserved
some other goodes but such as hee conceiveth were of lesse value

Ad undevicesimum pro parte sua nescit xxx but referreth himselfe to the bills of
ladeinge for which hee signed for the goodes and at other things
in the arlate schedule menconed wherein hee conceiveth the value
is
And
of the same are expressed et aliter nescit saveinge hee saieth
that all and singular the goodes and other things in the said schedule
menconed were saved and preserved by the industry, paine and
~~~
HCA 13/57 f.36r Annotate [CHECKED]

36

care of him this examinate and such of his Company as did ayde and
assiste him in and aboute the same ut predeposuit/

Ad vicesimum refert se ad iura et aliter nescit /

Ad vicesimum primum deponit et dicit That in his this examinats iudgement and
opinion the arlate shippe the Jane Anne, Judith als the Jane
and Judith at the tyme of her perisheinge as aforesaid with her
tackle and furniture, provision and [?XXXX] fraight and goods which she had in her belongeinge to her owners was worth at the
leaste three thousand fower hundred poundes sterlinge And this
hee affirmeth uppon his oath to bee true. At aliter nescit /

Ad vicesimum secundum deponit et dicit That all which did belonge to the said
shippe that was saved after her perisheinge as aforesaid which this
examinate could heare of or finde out of was not worth this examinats judgement above the sume
of 250ty pounds Sterlinge at moste And this hee alsoe affirmeth
uppon oath to bee true At aliter nescit /

Super reliquis non examinatus./

Ad Interrogatoria/

Ad primum respondet That hee cometh to testifie in this cause by a
warrant from this Courte obtained as hee conceiveth by one Mr
Grymes of London merchante one of the parties agents et aliter negative
saveinge hee saieth that hee hath had conference with some
of the plantiffes and some of the defendents aboute what hee
could depose in this busines and hath oftentymes related unto them
the truth of what hee could remember but to particulerize each man and
tyme hee cannott./

Ad secundum respondet That the interrogate shippe the Jane and Judith
als the June Anne Judith at her settinge out from Lisborne
interrogate was bounde directly therehence for Dover and soe
for London and that London was the Porte to which shee was
principally designed for her dischardge and that Roshell Bay
interrogate is out of the way from Lisborne to London, but saieth shee
was put in theither in foggy mistie weather aforesaid the same
continueinge soe for the space of eighte or nyne dayes togeather
after they came uppon the Englishe Coaste/

Ad tertium respondet That it was to his beste remembrance the 24th
daye of October laste paste when the interrogate shippe the Jane
Anne Judith als the Jane and Judith with her ladeinge aforesaid
was caste away and a nighte or twoe before shee was caste away
there was another shippe in her Company which afterwards by
beareinge a stiffer saile then the Jane and Judith was able to
beare out sailed the Jane and Judith and arrived here in
safetye at London with her ladeinge./

Ad quartum respondet That they did use the beste meanes they could to keepe
Company with that other shippe and as they thought did steere the
beste course that coulde bee untill it fell out and that they founde it
otherwise At aliter referendo se ad predepoita nescit.
~~~
HCA 13/57 f.36v Annotate [CHECKED]

Ad quintum respondet That all and singuler the monies, Jewells and
other goodes which were saved as aforesaid were stowed parte in the
said fore pike or lasarettoe of the said shippe in
roome made on purpose for the same and such like comodities
and this rendents Cabin
and noe parte of them in the said shipps hould neither in deede
were any other of the said shippes ladeinge removed to come at the
said silver Jewells and monies and other goodes saved as aforesaid at aliter
refert se ad predepoita./

Ad sextum respondet that for his parte hee beleeveth the interrogate shippe would
have bine caste away and perished if the money and Jewells had
not bine taken out of her, and hee knoweth of noe parte of her ladeinge
of sugar that was throwen over board before shee was suncke and caste
away as aforesaid./

Ad septimum respondet That presentlye after the interrogate shippe was caste
and remained uppon the Sands interrogate moste of her Company did
foresake her and went a shoare and the Cable which was cutt was
cutt when they were all but him this examinate and one more gone
out of the said shippe, but saieth that all her Company
were aboard her when they came into Roshell Baye aforesaid and
the weather was neither faire nor calme but it blewe a freshe gale of winde and runn a greate sea and [?XXXXXXX] when they firste came
uppon the sands and afterwards when the said shippe and goodes
perished as aforesaid./

Ad octavum respondet That the Jewells interrogate were noe greate burthen to
the interrogate shippe hee being able to have carried them all in his
pockett but sayeth they could not in soe little tyme as is
interrogate have bine taken out of the said shippe for that they were
layde upp and hid in severall places in the said shippes rounde
house and in boxes in this rendents Cabin and therefore not
quicklye to bee founde out/

Ad nonum respondet That if hee this respondente and those of his Company
which did assiste him had neglected the saveinge of the moneyes
and Jewells and had imployed theire skill and helpe in and
aboute saveinge the shipps provision or other of her ladeinge hee
beleeveth they had and mighte have saveinge some of her other ladeinge
and a greate deale more of her provision and tackle and
furniture then they did but howe to estimate the same hee knoweth
not./

Ad decimum pro parte sua respondet negative saveinge hee saieth that hee
beleeveth all the monies which were laden aboard the said shippe at
Lisbone aforesaid were not saved but the value of that which was not
saved hee knoweth not because hee knoweth not certainelye what
was laden otherwise then before hee hath expressed

Ad undecimum pro parte sua respondet negative saveinge hee saieth that all
the monyes which was saved out of the said shippe the first daye was
carried to a victuallinge house a place fower or five miles
distante from the place where they firste
~~~
HCA 13/57 f.37r Annotate [CHECKED]

37

came a shoare, but some of his
Company by his appointment ordered to looke to the same and
the nexte daye what they did or coulde then sawe was carried
to another mans house aboute a quarter of a mile distant from
the place where the said shippe perished by direccon from this
rendente

Ad duodecimum respondet That some of the baggs of money which were
laden aboard the said shippe the voyage in question were broaken but howe or when they
came soe hee knoweth not, but saieth that hee this respondente did
use all the beste meanes hee could to gett upp the loose money from
those of his Company that had gotten the same and as hee conceiveth did gett all or moste of it againe, and with that which hee soe gott
hee afterwards filled upp one bagge and the reste hee put loose
into a Cheste, the greateste parte of which money was afterwards
expended and layd out for salvage mens wages and other necessarie chardges
in and aboute the premisses At aliter nescit /

Ad tertio decimum pro parte sua nescit respondere salvis predepoitis/

Ad quartodecimum deponit respondet That all the monies and other goodes belonginge to the merchants excepte
the Jewells gold [?muske] and pearle which was in his this rendents
Cheste was by the Comissioners of inquiry and sequestracon or
by some others by theire order and appointment put upp into
walletts made on purpose to carry the same and soe carried
to Bristoll and there made upp into packs or fardells and soe
sent to London and noe parte thereof salvis predepoits diminished or made use
of to this respondents knowledge et aliter pro parte sua reddet negative.
et nescit /

Ad quintodecimum respondet That out of the loose monies which were saved as
aforesaid hee this respondente payd his Company theire wages in wales
but howe much that came to hee doth not at present remember
but referreth himselfe to the accounts thereof which hee hath given to his
merchants, et aliter negative et nescit saveinge hee hath since his returne
to London received from Bristoll to the quantitye or value of fower
thousand peeces of eighte belonginge to himselfe his owners and
ffreindes which hee lefte there to bee sent upp to London And as hee
hath heard a goldsmith in London liveinge at the signe of the greyhounde
in cheapeside hath seized uppon thirty peeces of eighte and a halfe or thereabouts
which one of his this respondents Company proffered to that goldsmith
to sell alleageinge that hee had them out of this respondents shippe./

Ad sextodecimum refert se ad predepoita et aliter nescit saveinge that the moste of the
tackle and Carpenters tooles which were saved
were saved after the shippe was broaken in peeces

P me John Bunducke [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.37v Annotate

21º Aprilis 1641

Marston et alj contra)
Dm Russell et alias)

2s

Henricus Bridger de Hackney in Comitatu Midd annos agens
45 aut eo circiter iuper bursarius navis the Hopewell testis er
hac parte productus iuratus et examinatus deponit et dicit
provt sequitur videlicet./

[THIS RESPONSE TO THE SECOND ARTICLE IS STRUCK OUT AND REPLACED WITH THE ONE BELOW AT 90 DEGREES IN THE MARGIN] Ad secundum arlum libelli ex parte Marston et soc in hac causa datus
et admissa deponit et dicit That within the tyme arlate the
arlate Marsten and Company did lett the arlate shippe to
fraighte to the arlate Lenthall and Company for a voyage to bee made with her but London Saint Lucar in Spaine or some other parts thereabouts and soe back againe and which hee
knoweth to bee true haveinge seene the Covenants betweene them
for the same and beinge appointed purser of the said shippe for that
her then intended voyage Al aliter nescit /

Ad secundum arlum libelli ex parte Marston et soc in hac causa datus et admissa deponit et dicit That in Anno 1638 within the tyme arlate
the arlate shippe the Hopewell was lett to fraighte by the arlate Marston to the arlate Thomas Lenthall and certaine other mechants here residente in London for a voyage
from this Porte of London to Saint Lucars in Spaine and consigned to severall merchants there residente
which hee knoweth to bee true haveinge seene the Covenants and agreements betweene the ffraighters and the said Marston and for
that hee was appointed to goe put purser of the said shippe that voyage. At aliter nescit

Ad tertium deponit et dicit That the articulate Marston and Company
within the tyme articulate and for the voyage in question did agree for
and hire a master, purser and to the number of 22 marriners
to serve in the said shippe the said voyage and was to pay them
wages after the rate of 40li. 12s. per moneth for every moneth they
should serve in the said shippe which hee knoweth to bee true
beinge present at the makeinge upp of the said shipps accounte
and acquainted with the disbursemnts which were expended that
voyage Et aliter nescit /

Ad quintum deponit et dicit That within the tyme arlate the arlate
shippe the Hopewell the voyage in controversie was laden with
bale and packe goodes of severall sorts and kindes under the
severall marcks in the margente of the articulate schedule but the
quantities or qualities of the said goodes hee knoweth not certainelye
but referreth himselfe to the cocketts and Invoyces of the said goodes
which were redelivered backe againe to the lades after the voyage was
frustrated and hindred and the said shippe returned backe againe
into the River of Thames, which goodes were to have bine transported
in the articulate shippe from this Porte of London to Saint Lucars in
Spaine aforesaid for and there to have bine delivered in case the
said shippe as had proceeded uppon the said voyage but
for whose use or accounte hee knoweth not at aliter salvis
predepoitis nescit /

Ad quartodecimum et quintodecimum deponit et dicit That whileste the articulate shippe with her ladeinge
was and remained in the Downes shee beinge stayed by an order
procured as was conceived and reported by some of the Barbary
Company uppon suggessions that the said shippe with her ladeing
was bounde for Barbary, or some other places thereabouts and
not for Spaine, hee this examinate came upp to London
to acquainte the owners and fraighters thereof and thereuppon they
gott an order under some of ye Lords of the Counsells hands to
to cleere her from that staye and comeinge downe into the
Downes
~~~
HCA 13/57 f.38r Annotate [CHECKED]
38

Downes with that order for the shippes release from the firste staye
hee heard that Sir John Penington not above an hower before his
comeinge downe had received a packett of letters wherein the
it was sayd that there was a letter from Secretary Cooke
under the Kings owne hand for the stoppinge of the said
shippe the second tyme not withstandinge the order, which this
examinate broughte downe with him under the Lords hands, and Sir
John Penington by vertue of that second order or comannde
as hee this examinate conceiveth) did take out 20 of the Hopewells
Company and putt 20 of his aboard the said shippe
to looke to and hinder her from prosedeinge in her intended
voyage, and this hee affirmeth uppon his oath to bee true Al aliter
nescit onelye hee saieth that hee was told by one Edmond
Lawrence at Deale
a ffactor for the Ginney Company, that hee heard Mr William
Cloberry since deceased and Sir Nicholas Crispe in his the
said Cloberryes house saye that they would shippe the articulate
shippe the Hopewell if it coste them five hundred poundes
sterlinge because this examinate went in her and some of those of the Ginney Company are alsoe
of the Barbary Company of whome the said Cloberry  or
Crispe as hee conceiveth were one./

Ad sextodecimum deponit et dicit That whileste the articulate shippe the Hopewell
laye in the Downes under the second stay as aforesaid hee
this examinate received letters from Mr Marston that hee
and the merchants had used all the meanes they could to gett
the said shippe cleered but could not gett her cleered from that
second stay and not longe after the said shippe returned backe
into the River of Thames againe and was forced to give over
her intended voyage and one of the Whelpes
came upp into the River with her and it was
sayd that shee was comannded upp by Sir John
Penington by vertue of the foresaid second warrant and
the overthrowe of that voyage was as hee conceiveth greate losse
and damage to the articulate Marston, Lentall and Company
and this hee affirmeth uppon his oath to bee true Al aliter nescit /

Ad duodevicesimum deponit et dicit That there twoe or three severall shipps
bounde to the Southward that went out of the Downes whileste
the articulate shippe the Hopewell was stayed there one of which shippes
sailed and went to Spaine and came and arrived there as hee
this examinate hath since heard before the 20th of December 1638 arlate
At aliter nescit./

Ad vicesimum deponit et dicit That after the said shippe was returned backe
againe into the River of Thames and that it was perceived that
shee was not likelye to proceede out uppon her intended voyage for
(Spaine
~~~
HCA 13/57 f.38v Annotate [CHECKED]

Spaine shee was unladen at Blackwall and all and singular
the goodes in her taken out, and the voyage quite given over
And this hee affirmeth uppon his oath to bee true beinge at the delivery
of the said shipps ladeinge at Blackwall aforesaid Al aliter nescit /

Ad vicesimum quintum deponit et dicit That there was the voyage in question
laden aboard the arlate shippe here at this Porte of London
the use and account of the articulate Marston to the quantity of 22 butts of sacks, 5 butts of Aquavita and
some hoise and shooes and other necessaries for passingers
and others to bee transported herehence in the said shippe to
Spaine and therehence to the Isle of May and Virginia
whether the said shippe was alsoe bounde after shee had bine
at Spaine, and those goodes hee conceiveth could not bee lesse
worth then the sume of one hundred poundes sterlinge and soe
much hee hath often heard the articulate Marston saye they were
worth and soe much hee alsoe beleeveth they were worth a
greate parte of the which wyne and some of the aquivita
was founde to bee missinge and wanteinge when the same came
to bee delivered againe after the voyage was given over, Al aliter nescit /

Ad vicesimum sextum deponit et dicit That the articulate Marston the voyage
arlate did alsoe cause to bee put aboard the said shippe for his
owne use and accounte to the number of twenty passingers the
to bee carried to the Isle of maye there to lade salte and then
to goe to Virginia and those twenty passingers coste and stoode the
said Marston in one wayes or other firste and laste before they
were cleere of the said shippe againe the sume of 112li. 13s. 4d.
as appeared by the accounte thereof which this examinate sawe in the
custodie of the said Marston, And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad vicesimum septimum deponit et dicit That the expenses and chardges which
the articulate Marston was at in provideinge victualls for the said
shipps Company and the passingers aboard from the tyme of her
firste staye in the Downes untill the tyme of her full and
cleere dischardge of her Company afterwards here in the River it beinge from the
20th of October 1638 articulate untill the 20th of ffebruary then next
followeinge in all by the space of 4 monethes or neere thereabouts did
and doth amounte unto one hundred poundes sterlinge little more
or lesse accordinge to the accounts kepte of the same which this examinate
hath seene and perused and knoweth to bee true. And this hee
affirmed upon as with the true At aliter nescit./

Ad vicesimum octavum deponit et dicit That the articulate shippe the Hopewell
was and is of the burthen of twoe hundred tonnes or thereabouts
and that shee is well worth after the rate of 55li proper moneth fraighte
for such a voyage as the voyage in question was besides victualls and
mens wages and for soe much as hee hath heard and beleeveth he
was lett out to fraighte the said voyage, And this hee affirmeth
uppon oath to bee true reddens racoem scientia sua ut supra at aliter nescit
~~~
HCA 13/57 f.39r Annotate [CHECKED]
39

Ad vicesimum nonum deponit et dicit refert se ad predepoita et aliter nescit beinge
not aboard the said shippe when shee firste began to lade

Ad tricesimum deponit et dicit That the said shippe loste a Cable and
Anchor and her boate worth in all 34li sterlinge whileste the
was under the staye in the Downes aforesaid And this hee affirmeth
uppon his oath to bee true for that hee did knewe of the layeinge
out of thirty pounds for another Cable in the roome of that which
was loste and alsoe of 4li layd out for another boate againe
At aliter nescit/

Ad tricesimum primum deponit et dicit That over and above the shippes
chardges before by him deposed of the articulate Marston and
Company were at 12li chardges for boate hire to and from the
shoare and passage to and from London and other expenses.
incident thereto whileste the said shippe was and remained
in the Downes under the comannde or staye aforesaid which hee
knoweth to bee true haveinge seene and perused the accounte
thereof and layeinge out all or the moste parte of the said money
At aliter nescit /

Ad tricesimum secundum deponit et dicit That all the damage and wronge
which the articulate Marston Lenthall and Company had and
sustained the voyage in controverste came meerelye as hee this examinate
conceiveth by reason and occasion of the said shipps detencon and
staye or stoppe in the Downes aforesaid and not otherwise ut credit
At aliter nescit /

Ad tricesimum tertium deponit et dicit That for ought that hee this examinate could
ever heare or understand to the contrary hee beinge hired and
appointed to goe out purser of her that voyage in question the said shippe
with her ladeinge was bounde from this Porte of London firste to
Spaine and therehence to the Isle of Maye for salte and from
thence to Virginia and soe backe for London againe And this
hee affirmeth uppon his oath to bee true At aliter nescit/

Super reliquis arlis dicti libelli non exatur ex direccone

Ad Interrogatoria./

Ad primu quoad pericula periury et falsid[?X] testis fit quod
petitur et aliter salvis predepoitis respondet negative./

Ad secundum pro parte sua respondet negative but saieth the losse which hee
sustained was onelye the not proceedinge uppon the voyage the
same beinge overthrowen by reason of the foresaid staye in the Downes
as hee conceiveth./

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

Ad quartum non exatur quia non examinatus fit super none article libelli
pred./

Ad quintum pro parte sua salvis predepoitis nescit respondere./

Ad sextum salvis predepoitis nescit /

Ad septimum refert se ad predepoita et aliter nescit /

Ad octavum refert se ad predepoita et aliter nescit /
~~~
HCA 13/57 f.39v Annotate

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

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

Ad 11 nescit respondere aliter quam prius./

Ad duodecimum nescit respondere aliter quam prius ad qua se refert

Ad tertio decimum respondet negative./

Ad 14 non concernt huc rendente directe vel diver iudice

Johnry Briage
----
22º Aprilis 1641

debt sued/

Derrick Hoode of the parishe of Saint Mary Abthurch London
merchante aged aboute 53 yeares sworne before the worshipfull
Thomas Rives Surrogate to the righte worshipfull Sir Henry Martyn knighte
Judge of his Majesties highe Courte of the Admiralty beinge examined
uppon certaine interrogatories ministred to him on the behalfe of
Peter Vand putt of London merchante saieth and deposeth
thereto as followeth videlicet /

To the firste Interrogatory hee saieth and deposeth that hee this
examinate ⁁ doth well knowe one master Peter Vand putt of the
merchante
Cittye of London and well knoweth that the said Peter Vander
King
it was and is the lawfull some of ⁁ Giles and putt alsoe of
London merchante and that hee was bustryed in the Dutch Chary
scituate in London within the parishe of Saint Peters the Poore London
and that hee was bartised in the said Dutch Church uppon
the 25th daye of Auguste in the yeare of bord 1611 And
reddens rationem scien sua for that hee this examinate beinge nowe
or Governors
one of the elders ⁁ of the said Cuch hath perused over and
finde
searched the Register bookes wh that Church and doth there the
before by him deposed of
daye and yeare ⁁ when the said Peter unde putt the some
of the said Giles and putt was pa baptised and doth by
well knowe his the said Peter Vandeputts ffathers and hath
ever
knowen him before and since hee the said Peter was borne and
knoweth that hee was broughte upp in his ffather said ffurther
master Giles Vandepotts house And this hee affirmeth uppon
his oath to bee true./

To the second hee saieth that the said Peter Vandepot liveth and
with his said ffutter master Ple and att his said ther whoe liveth, and
keepeth as house and familye situate in a place or turneinge
neere Tower streete London within the parishe of Saint Margarett
Pattens and that hee was and is a merchante of London giveing
a reason of such his knowledge for that hee hath often tymes bine
as in the said Peter Vandents beinge ffathers house aforesaid

To the third hee cannott depose, saveinge hee saieth that some
tyme this laste yeare hee this examinate and the foresaid Peter
Vandeputt and Giles Vandeputt his ffather one daye goeinge
to the the house where Marques de Velade the Spanishe
Ambassader then residente here in London lived by accidente mett
with one Doctor Claeson as it was sayd ⁁ Judges of the Admiralty
one of the
Courte in Courte in Dunquercke and haveinge some discourse
take
with him aboute a cases of silke ⁁ that had true formerlye
by the Dunquery
taken uppon to his beste in in an Englishe shippe where in the
said Peter Vand putt had an intereste the said ladson
sayd that hee knewe noe reason to the contrary, but that the said
~~~
HCA 13/57 f.40r Annotate
10

Mr Peter Vandeputt should and mighte have restitucon for his parte
or intereste in the said Case of silke tabbins hee beinge any
Englishman borne and a subiecte to the Kinge of England and to
his beste remembrance hee the said Doctor Cladson then sayd that
for the said Peter Mat deponent
hee would doe what goode therein that hee could for the reasons
aforesaid And this hee affirmeth uppon his oath to bee true

Derrick ffosse
----
29º Aprilis 1641

Wight et alj cona
Bennett/
and Wright
deb Martyn

Thames Gent de Greene in comitatu Zanty
Agen annos agens 30ta aut eo circiter testis se

Ad secundum arlum alluis ex parte Wight et soc
die mensis Julij 1640 datus et oblat dicit et
deponit That the third day of March last was
man this
twelve ⁁ the articulate shippe the Richard and Nathaniell
beeing then in the port of Mallega had not
her full lading of goodes aboard her, and hee
sayeth that after the third day of March aforesaid
this examinate, and one George Potter Merchants beeing
then at Mallega treated with Scott the master
the said shippe to take into her there some
goodes to bee brought to London, and the said Scott
tolde him, that hee coulde conclude nothinge
therein without the consent of Thomas
(as hee saieth
Hooper the factor of the arte Hoop and
Bennett and theruppon they went to the said
Thomas Hooper and aggreed with him for
the freight of nyne tonnes of wyne and
fute for this examte and for about xx
one and twenty tonnes of fruite for the
said Potter at the rate of xxx three
poundes a tonn to bee brought in the said
shippe from Mallega to London, and uppon
lickett from the said Thomas other
signifieing the aggreement for the freight
of the said goodes the said Scott the master
received them into the said shippe at
Mallega the 16th and exth of March aforesaid
And this hee affirmeth uppon his oath to bee
true was a party to the aggreement aforesaid
who
and privye to the lading of the said goodes, At
aliter nescit./

Ad tertium nescit deponere aliter quam prius, Saveing
that the said Thomas Hoper good and
not the said Scott aggreed with this examinate
and the the said Potter for the freight aforesaid
at the rate of three poundes a tonn
~~~
HCA 13/57 f.40v Annotate

Deb Marten

Idem Johannes Gent, Ad all and acta
ex parte wright et soc 25 Julij 1640 fact et
exhibita in eadem mentionat dicit et deponit
That two of the exhibitts mentioned in this
allegacon, videlicet bill of lading for goodes
mentioned to bee laden by this examinate
another bill of lading for goodes
mentioned to bee laden by George Potter
hee well knoweth are to bee subscribed
with the proper hande writing of
Thomas Hooper for that hee haw him
subscribe his name to the same and
the other two bills of ladeinge
mentioned in this allegacon hee beleeveth
are subscribed with the proper hande
writing of the said Saint Thomas Howher
beeing well acquainted with his hand
writeing and in the moneth of March laste
was twelve moneths the said Thomas
Rooper at Mallega was generally reported
there
there to bee the factor for the said
Bennett, and his brother Anthony Hooper
And this hee affirmeth uppon his oath to
bee true, At aliter nescit./

Ad interrogate

Ad primum respondet, That hee is thirty yeares of
age and is by profession a Merchant borne
in London and for these tenn yeares laste
past for the most part hath lived in
Mallega

Ad secundum respondet nega./

Ad 3 et quartum nescit respondere./

Ad 5. 6. et septimum nescit respondere./

Ad interrogate 2º loco./

Ad primum respondet negae./

Ad secundum respondet et nescit respondere Saving that
yt is a usuall custome of the sea to pay, and
noe freight for wynes leaked out and for
and

Ad tertium respondet That good wynes at Mallega the
tyme aforesaid putt cleere aboard cost 12
in but and were worth here at London
9 a butt, At al nescit, And at those
Mallega
rates hee then bought which and sould wynes at the
places aforesaid at the rate aforesaid At aliter nescit
~~~
HCA 13/57 f.41r Annotate
41

Ad quartum nescit respondere aliter quam prius./

Ad quintum respondet That the ordinary rate of a
tonn of wyne or other goodes from Mallega to
London is 4 or a Crowne over or under or
thereabouts, At aliter quam prius nescit./

Ad sextum nescit respondere aliter quam prius.

Ad 7. et octavum nescit respondere./

Ad 9 respondet That Mallega a case of wynes
of her or her after the said shippe arrived
at London from Mallen the voyage aforesaid
scott the master of her told this rendent
pipes
that hee had twenty butts of wyne in
here for himselfe, and desired this respondet
to gett the same frend twenter the
that entred this rendents wynes to enter
his the said Scotts wynes alsoe to
same pisage money, At aliter nescit/

John Gent
----
26º Aprilis 1647

p nave ye with

Rp. E. B.

Thomas Prizell of Wappinge wall in the County of Middlesex mariner
Shipwright aged six and twentie yeares or thereabouts sworne
before the worshipfull Thomas Eden Doctor of Lawes Surrogate to the right
worshipfull Sir Henry Marten Knight Judge of his Maties high Court
of the Admiraltie and Examined saith and deposeth

That in the moneth
of ffebruary last past at Dunquercke of fflanders Robert Connstable
for the Accompt of himselfe and Company did buy of one
Captaine Bourne at a publiqontry a certaine shipp nowe in
named the Ruth fflemish builte of the burthen of two hundred and
fifty lasts fflemish or thereabouts, which shipp had formerlie
beene taken from the Hollanders as a prize and afterwards
adiudged as lawfull prize in the Admiraltie at Dunquercke, which
shipp coste the said master Jnstable and Company the first penny
one thousand poundes or thereabouts, and afterwards in rigginge fitting
used to Mrterford
the said shipp and other materialls for the said shipps fifte pounds
or thereabouts and she doth nowe belonge to the said Robert
reputed to bee
Constable Luke Leigh and Company who are all Englishmen
borne at this exaiate verilie beleeveth and Subiects to the Kinge
of England and noe fforrainer or Stranger hath any interest
therein And this hee affirmeth upon his oath to bee true who
was prsent with the said Robert Canstable at such time as
haben agreed for and bought the said shipp

Thomas fressells
~~~
HCA 13/57 f.41v Annotate

dco die/

Lazaro Genny of Saint Catherines neare the Tower of London
Marriner aged thirty yeares or thereabouts sworne as aforesaid
saith and deposeth That in the moneth of ffebruary last past at
Dunquercke in fflanders Robert Rannstable for the Accompt
of himselfe and Company did buy of one Captaine Burne
parte publiquntarye a certaine shipp nowe named the Buth
fflemish builte of the burthen of two hundred and fiftie laste
fflemish, which maketh five hundred tonne English or thereabout
which shipp had formerlie beene taken from the Hollanders as prize
and afterwards brought to Dunquercke, and there adiudged as lawfull
prize which shipp coste the said Gunnstable and Company with the
materialls for the makeinge her fitt to saile the sume of one
thousand pounds and upwards and she doth nowe propperlie, and
folelie belonge to the said Robert Cunstable Luke Leigh and
Bartholomewe such whoe are all Englishmen borne and Subiects
to the Kinge of England and no fforrainer or strannger saith
any interest therein And the said shipp nowe lieth ashoare
his informed
upon
at Wappinge wall and is bounde foorth for a voyage to
Norway And this hee affirmeth upon his oath to bee true
shipps
who was one of the Company and helped to bringe the
said shipp from Dunquercke aforesaid into the River of
James

Pazaras Benry
----
dco die./

Robert Convable of Wappinge wall in the County of Middlesex
Marriner aged fower and thirty yeares or thereabouts sworne
as aforesaid saith and deposeth

That in the latter end of the
moneth of ffebruary last past he this Examinate for the Accompt
of himselfe Luke Leigh and Bartholomewe hitt at Tunquere
in fflanders did buy of one Captaine Buone a certaine shipp
fflemish builte of the burthen of two hundred and fiftie last
fflemish, which maketh five hundred tonne English or thereabouts
then called the moyles of Amsterdam, but nowe the Buth of
London, which shipp had formerlie beene taken from the Hollanders
as prize and afterwards brought to Dunquercke and in the
Admiralty there adiudged as and for Lawfull prize, which hee
and stood them in with, the rigginge and fitting her his sett her out to be and
goe in this exaiate and Company first pon about and Ten
thousand one hundred gilders fflemish which maketh sterlinge may
eight hundred and seaventy pounds or thereabouts and in
more
fittinge the sume of three hundred pounds sterlinge in the
whole eleaven hundred and seaventy pounds and shee doth
and sollie
nowe propperlie belonge to him this exaiate who hath a
quarter of parte of the said shipp Luke Leigh who hath
one other
a halfe and Bartholomewe Hutch who hath a quarter thereof
and he this Exaiate and the said Leigh and with are all English
Price and subiects to the Kinge of England and offorrainer or
Stranger hath any interest therein, And the said shipp nowe
beth in the River of Thames and is bounde foorth upon a voyage
to Norway, and hee this examinate is to goe master of her, And this hee
affirmeth upon his oath to bee true.
a and to bringe or
to the porte of London

Dela Londo
~~~
HCA 13/57 f.42r Annotate

8º Aprilis 1641

James Blundell of Deptford in the County
of Kent Marriner aged 51 yeares or therabouts
sworne before the worshipfull William Sames Doctor
of Law Surrogate to the rt worshipfull Sir Henry
Marten Kt. Judge of his Matyes highe Court
of the Admty sayeth and deposeth uppon his
oath

R. G. E.

That in Somer last was twelve monethes
hee this examte served in his Matyes shippe the
Providence and was one of her quarter
Masters and aboard her when shee tooke in her
provision of beere for that voyage, and did helpe
to see the same in her, and sayeth and sayeth
xxx
that all that beere was ⁁ layd aboard the said
shippe in wood bounde caske part full bounde
part quarterbounde amongst which there
were some old hogsheades which hee conceiveth
were wyne caske, And hee sayeth That
for want of iron bound caske ⁁ a
or
sufficient quantity of full bounde caske
they were inforced to stowe some of the
old caske that was parts of yt but quarter
bounde in the ballast to floare the said shipp
and by that meanes at the conclusion of the
voyage when they expected beere, they founde
noething but empty caske the hoopes
beeing rotten and burst off, soe that yf
they had not taken in about sixe tonnes of
beere in the Downes by Sir John Peningtons
order, they had wanted beere there beeing
five tonnes and a hogshead of the beere
that they first tooke in leaked out end for
end, And this hee affirmeth to bee true
of his sight and knowledge

James Blundett
~~~
HCA 13/57 f.42v Annotate

3º Ap Maij 1641

ffisher et Tucker contra
Hall Yeo Smith

1s
debt./

Andras Kinge de Collidge Hill infra Civitate
London mercator agens annos 32 aut eo circiter testis in
hac parte productus, iuratus, et examinatus deponit et
dicit quod Thomam ffisher et Robert Tucker partes producents
proper spacin sex annoru ultimum etaps respective bene novit ut dicit/
et Jacobu Hall partem contra quam productus et a proper spatiu sext
annoru ultimum etaps bene novit ut dicit /

Ad quartum arlum libelli ex parte ffisher et Tucker in hac causa datus et
admissa deponit et dicit That hee this examinate hath lived at Brill
swell within the Dominions of the Kinge of Spaine untill
aboute twoe monethes since for the space of the eighte or
nyne yeares next before and in that tyme hath knowen
and observed that it is a use and custome at Cales and
Saint Lucars (those twoe places beinge sea Ports next adiacent
by are
for the Admiraltisgoe of those places by himselfe or his officers
to Sivill aforesaid so take securitye of the master or Masters
of all such Englishe shipps as come theither to trade that
they shall not caste anchor uppon that coste when theire
shipps are once passed over the barr or saile to and againe
uppon that Coaste, and the reason thereof is for that they
should not receive or take aboard plate or any uncustomed
goodes after they are out over the barr aforesaid and this hee
affirmeth uppon his oath to bee true At aliter nescit saveinge hee
saieth that the securitye which is soe given in is moste usually being
a merchante or twoe there residente

Ad quintum deponit et dicit That within the tyme libellate hee well
knoweth that the arlate Captaine James Hall with his shippe
the Plyades was within the barr at Saint Lucars arlate and that
the arlate Roberte Tucker beinge a mrchante then residente it
Saint Lucars became bounde for or with the said Hall to the
effecte arlate but wheither at the said Halls requeste or not
hee knoweth not, but saieth that to his nowe beste remembrance
bound
that bounde was twoe thousand Ducketts, each Duckett worth
5s 6d Englishe money, and that that bonde was forfeited
or slucars and
put in suite by the Admiraltasgoe of Cales and ⁁ by him
condemined which hee knoweth to bee true for that after the
respondet nacon thereof the said Tucker did appeale to Madd
and pcured this examinate to write to his promiradore there to
under take the busines in his best behalfe And this hee affirmeth
uppon oath to bee true At aliter nescit /

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

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

Ad octavum non exatur ex direccone et

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

Ad decimum refert se ad predepoita, Et aliter nescit /
~~~
HCA 13/57 f.43r Annotate
18

Ad undecimum pro parte sua nescit deponere saveinge hee saieth that whilest
hee was and remained at Sivill aforesaid hee heard that the
arlate Tucker was imprisoned by reason of the foresaid bound
which hee had entered into for the said Hall, and that his goodes
were seized uppon and hee in trouble aboute the same. And
hee many tymes sawe both him the said Tucker and his house
weepe which hee conceiveth was by reason of the troubles
which they had and were like to undergoe by meanes of the
foresaid bond and the forfeiture thereof which the said Hall had
caused./

Ad duodecimum non exatur ex direccone./

et 14. 15. xxxxx articulos

Ad tertio decimum deponit et dicit That within the tyme libellate and
whileste the arlate Tucker was in trouble in and aboute the
foresaid bond which hee had entered into for the said Hall the
arlate Thomas ffisher the then Purser of the arlate shippe
the Plyades came to Sivill to his this examinats house there scituate
and whileste hee was busine in talke or otherwise with him this examinate
the arlate Tucker as hee conceiveth heareinge of his beinge
there came alsoe to this examinats house and there speake with the said
ffisher and tolde made his complainte unto him and tolde him
of
that hee was like to suffer and bee undone by reason the said
bond which hee had entred into for the said Hull (the said Hall
haveinge broaken and forfeited the same) and desired the said
ffisher to helpe him therein (if hee could hee beinge the Purser
then of the said Halls shippe and withall desired him to goe
downe with him to Saint Lucars and there hee would shewe him
what had passed by reason of the said Halls breakeinge the foresaid
bonde and promised him that if hee would goe hee should suffer
noethinge thereby whereuppon the said ffisher did goe alonge with
the said Tucker to Saint Lucars to his the said Tuckers house there
where the Admiralltasgoe seized uppon him and caused him to
bee arrested and imprisoned and kepte as hee told him this examinate
close prisoner untill hee had sent upp to Swill to him this ext
to come to him w hee accordinglye enter into bonde for him
to save the foresaid Tucker harmeles from the Dannger which hee
had and was like to sustaine by meanes of the foresaid bounde
which hee had entered into for the foresaid hall and was put
in suite againste him which and thereuppon this examinate did give
aforesaid
enter into bound for the said ffisher to the effecte required and
thereby
procured his releasement from that arreste And this hee affirmeth
uppon his oath to bee true Al aliter nescit saveinge hee further
saieth that as the said ffisher related to and told him this examinate hee
was constrained before hee was freed out of person to deposit downe
(and
~~~
HCA 13/57 f.43v Annotate

and pay to the foresaid Tucker the sume of five thousand
three hundred twenty and fower ryalls which the said Tucker and
bine at and layd out in and aboute the defence of the said
meanes
comenced againste him by reason of the foresaid bound by reason of the
forfecture thereof comitted by the said Hall for parte of which
money hee this examinate gave the said ffisher credit uppon his
correspondent Richard Anthony then resident at Saint Lucars
et 16 articulos

Ad quintodecimum deponit et dicit That since the prmisses in the nexte
precedent article menconed and since, the said ffisher
suite occasioned by meanes of the
departure from Saint Lucars aforesaid the said Tuckers bound for
the said Hall which was appealed to Madrid beinge there
ended hee this examinate beinge securitye for the said ffisher to the
said Tucker to save him harmeles from any thinge that
either had or should befull him by reason of that bound was
enforesd and did paye to the Admiraltasgoe of Saint Lucars
to cleere the said Tucker and ffisher and take upp en one
thousand Ducketts besides some other chardges in his expressed
in his accounte delivered the said ffisher since his comeinge
home for England And this hee affirmeth uppon his oath
to bee true At aliter nescit puis ad qua se refert nescit /

Ad septimodecimum refert se ad predepoita et aliter nescit /

Ad decimum refert se ad predepoita et aliter nescit /

Ad 13 pro parte sua nescit deponere aliter quam predeposuit/

Ad vicesimum deponit That hee conceiveth there was as much
care and dilige meanes used necessary used by the said arlate
ffisher, and Tucker as could bee for the cleereinge of the
arlate Hall and themselves from the suite commenced age
them and by reason of the forfecture of the foresaid bone
and de chardges and moneyes which were thereby enforced
to bee payd and expended.

Super reliquis arlis non exatur ex direccone./

ad Interrogatoria./

Ad primu negative./

Ad tertium refert se ad predepoita et aliter nescit saveinge hee
saieth the bon interrogate Bond was in Spanishe and as
hee conceiveth made at Saint Lucars
the master of moste of the

Ad tertium respondet That usually in the Englishe shipps that tonn
from Cales or Saint Lucars doe take in some goodes after they
come over the barr there but if that bee seene or company
of they are like to suffer for soe doeinge either by themselves
by theire bayle

Ad quartum et quintum refert se ad predepoita et aliter nescit /

Ad King
~~~
HCA 13/57 f.44r Annotate
11

4o Maij 1641

Woode cona Andrewes
Smith Budd

Abrahamus Jones de Stepney in comitatu Middlesex nauta
annos agens 18 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet

Ad quartum deponit et dicit That a greate parte of the sugars in
question were at the tyme of there ladeinge aboard the arlate
shippe the May flower als the Bonasperance Peter Andrewes
master) at Saint Thome arlate the voyage in question very all
condiconed and very moysted and smroppishe, and some of them
soe badd and all condiconed that the shipps Company imployed
to receive them aboard and stowe them in the said shippe refused
to receive the because of there ill condicon and badnes And
this hee affirmeth uppon his oath to bee true hee beinge one of
those that did helpe to stowe them which were received aboard
At aliter pro parte sua nescit /

Ad quintum deponit et dicit That after the arlate shipps arrivall
at Lisbone arlate the voyage in question a third parte of the
said shipps ladeinge of sugars and better was by the order and
ashore this examinate beleeveth comeinge
consent of the arlate Cooke the arlate Woodes ffactor ⁁ unladen
and taken out of the said shippe and put into greate boates
to bee carried a shoare and as hee was informed by some of
the shipps Company that went alonge in those boates after it
came to the shoare side carried by Porters into warehouse
or sellanes appointed and procured by the said Cooke or others
by his meanes out of the Custodye or comannde of the said
arlate Andrewes where the same laye and continued by the
space of 4 or 5 weekes to his nowe beste remembrance and
the remainder of the sugars which were aboard were alsoe
removed from one parte of the shippe to another as hee conceiveth
alsoe by the said Cocks order and consent hee beinge once or twoe
a daye aboard the said shippe for dureinge all the tyme the
said sugars were unladeinge and removeinge as aforesaid And
this hee affirmeth uppon oath to bee true At aliter nescit /

Ad sextum deponit et dicit That whileste the sugars in question were
unladeinge at Lisbone aforesaid the arlate Andrewes in this examinats
heareinge did demannde of and aske the arlate Cooke what hee
ment to doe wheither hee would unlade all there and discharge
the said shippe out of his imployment or not and wheither hee
would paye the fraighte there or not or hee used wordes to the same
or the like effecte to him, whereto the said Cooke replyed and
made answere that hee would not dischardge the said shippe but
prayed him the said Andrewes not to speake abord aboute the
same for feare leaste the said shippe should bee taken upp for the
Kinge of Spaines service further alleageinge and sayeinge that
hee would relade her againe at Lisbone for to goe for London
or hee then and there used winde to to the same or the use
effecte to him the said Andrewes in this examinats heareinge And this hee
affirmeth uppon oath to bee true At aliter nescit /
~~~
HCA 13/57 f.44v Annotate

Ad septimum deponit et dicit That the sugars in controversie were at the
tyme of theire ladeinge aboard the arlate shippe at Saint Thome
and in
arlate very carefully and well stowed aboard the said shippe
and there was noe faulte at all or damage happened unto
them the voyage in question by reason of theire stowage which
hee knoweth to bee true beinge at the stowage of them An
aliter nescit /

Ad octavum deponit et dicit That at the tyme of the unladeinge of
the sugars in question, which were unladen at Lisbone arlate
and the removeinge of the reste aboard some of the Canisters
of sugar that laye and were stowed in the beste places of the
said shippe that had other sugars stowed uppon them were
by reason of theire ill condicon when they were firste laden
and theire moystenes fflatted and presse togeather and the
moste parte of them consumed and wasted any or melted
away all which came by the badnes and ill condicon thereof
and not otherwise And this hee affirmeth uppon his oath to bee
true hee beinge at the unladeinge of them Al aliter nescit /

Ad nonum deponit et dicit That whileste the arlate shippe the
Bonasperansa was and remained at Lisbone aforesaid the
arlate
arlate Roberte Cocke the ffactor of the said Woode did in
this examinats heareinge give order to the arlate Andrewes the Master
and others of the Company of the said shippe in removeinge
the remainder of the sugars aboard after those which were
unladen at Lisbone were out of the said shippe to breake the
Camasters and put the broaken sugar into Castle whereuppon
a greate many of the said Cannsters of sugars were broaken and
putt into Caske in breakeinge whereof there was very greate waste
and losse of sugar but to what quantitye hee knoweth not/
And this hee affirmeth uppon his oath to bee true hee beinge
at the breakeinge of some of the said Cannsters of sugars At aliter
nescit. /

Ad decimum deponit et dicit That all the sugars in question which
were unladen and taken out of the arlate shippe at Lisbone arlate
the voyage arlate were in Casters when they were unladen
and when they came aboard againe a greate parte thereof
was put upp in Caske soe that hee beleeveth there was not to
same quantitye broughte aboard againe which was unladen
the same beinge wasted in breakeinge besides hee a saieth that
the same was brought by Porters as hee heard and was there
told to the waters side and afterwards in lighters or boates to the
shipps side in manner aforesaid And this hee affirmeth up
his oath to bee true hee beinge at the receiveinge of the same
aboard the said shippe againe Al aliter nescit /
~~~
HCA 13/57 f.45r Annotate
15

Ad undecimum deponit et dicit That the sugars in question laden aboard
the arlate shippe the voyage in question at Saint Tome aforesaid./
would have wasted much by reason of theire mostnes and ill
condicon at the tyme of theire ladeinge in case the said shippe
had came directlye from Saint Thome to London and not gone
to Lisbone at all and the nature of and condicon of them was
such that the longer they laye the more they wasted and melted
awaye and beinge unladen they was and then laden againe
they were wasted the more for the reasons before expressed
And this hee affirmeth uppon his oath to bee true At aliter
nescit /

Ad duodecimum deponit et dicit That whileste the arlate shippe was
and remained aboard the arlate at Lisbone arlate in pumpinge
her they pumped out water that was coloured with the
surropp which came from the sugars aboard by reason of
theire mristnes and ill condicon And this hee affirmeth
uppon his oath to bee true At aliter quam prius nescit /

Ad tertio decimum deponit et dicit That whileste the arlate shippe was and
remained at Lisbone arlate there were to his beste remembrance
to the number of betweene fortye and fifty chests of sugars
and some other goodes more then what was laden aboard the
said shippe at Saint Thome the voyage in question laden aboa and
broughte aboard the said shippe for the accounte or benefitt of
the arlate John Woode the ffraighter of the said shippe which
hee knoweth to bee true for that hee was at the receiveinge
aboard of the said in sugars and other goods Al aliter nescit saveing
or ought
hee saieth the said woode was ⁁ to have had fraighte for the said
sugars and other goodes in case they were not his owne. /

Ad quartodecimum pro parte sua nescit deponere./

Ad quintodecimum deponit et dicit That the firste place the arlate
shippe stopped or stayed at after shee sett saile from Lisbone
aforesaid was in the Downes but they delivered noeing made noe
porte of delivery of any goodes untill the said shippe came
to Blackwall neither did they deliver any parte of the
sugars
shipps ladeinge untill they came to Blackwall, but all the
which were laden at Lisbone aforesaid or lefte aboard the said
shippe there were at Blackwall aforesaid safelye delivered
out of the said shippe and free of the tackle thereof into
lighters appointed for the receite of the same ordinary
leakeage excepted and the all condicon and notice of the said
sugars considered) in as good condicon as they were at
Lisbone aforesaid And this hee affirmeth uppon his oath to bee true
hee beinge at the delivery of them, Al aliter nescit /
~~~
HCA 13/57 f.45v Annotate

Ad sextodecimum deponit et dicit That to his nowe beste remembrance the
the arlate shippe the Bonasperansa did not remaine or
staye in the baye of Wyers above the space of three or
fower dayes before shee went upp to Lisbone, and the
occasion of her stay there soe longe was by reason of a
letter which t of the arlate Woodes which the arlate
Andrewes received the firste nighte after hee came into that
bay wherein the said Woode did intimate unto the said Andrewes
not
that hee should come goe upp to Lisbone at all for that as hee
hee heard his shippe was denounced againste and if the said
Andrewes had not received that letter hee had gone upp
sooner then hee did which hee knoweth to bee true for that
hee sawe the said letter and the said Andrewes before the
receite thereof was resolved to have gone upp to Lisbone and
to that purpose at had xxxx fetcht one anchor aboard which
laye out Al aliter nescit /

Ad ultuj dicit predepoita proper eu esse vera./

Super reliquis non exatur ex direccone./

ad Interrogatoria./

Ad primu respondet That hee this rendente is of kin to the
interrogate Andrewes the producent his the said Andrewes his wife
sister
beinge his this rendents mothers ⁁ and that hee cometh to testifie in
this cause at the requeste of the said Andrewes his Kinsman sed
equa favet partibus litigan et optat victoria ius haben./

Ad secundum negative./

Ad tertium respondet That hee this rendente was servant to the article
producent Andrewes the voyage in question and waited uppon him
in his Cabon and els where when hee pleased to comannde him
the said voyage./

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

Ad quintum nescit respondere aliter quam prius saveinge hee saieth that
whileste the interrogate Andrewes was and the shippe the Bon Esperansa
was and remained in the bay of Wyer the wynde was manyes tyme
faire to have carried the said shippe upp to Lisbone but the said
Andrewes durst not carry her upp for the reason aforesaid ut credit/

Ad sextum refert se ad predepoita et aliter nescit saveinge hee saieth
that the reason or occasion whie the said sugars were unladen
of the foresaid shippe at Lisbone and removed there in manner
aforesaid was as hee heard and beleeveth for that it was there
imagined and supposed that there were more sugars aboard
then were expressed in the Certidicate of her ladeinge but
whereuppon that suspicion or supposion did arise hee knoweth
not/
~~~
HCA 13/57 f.46r Annotate
116

Ad septimum respondet That there was neere uppon twoe monethes tyme
spent and run out betweene the tyme of the interrogate shipps firste
arrivall in the baye of Myer and her dischardge at Lisbone
interrogate and hee beleeveth in case shee had goe upp to Lisbone
at firste uppon her arrivall in the baye of Myer yet shee
could not have bine dischardged and dispatched therehence in
soe little tyme as is interrogate for that within twoe or three
dayes after shee came into the baye of wyer the wynde came
contrary to carrye her out to sea therehence and soe
continued for the space of almoste a moneth togeather and in
that tyme noe shippe to his beste remembrance did or was
able to goe out therehence to sea Al aliter nescit /

Ad octavum respondet That hee hath heard and beleeveth noe English
shippe belonginge to Englishmen oughte to trade to Saint Thome
without liscence from the Kinge of Spaine or his officers and
same and
trade there of shee can bee mett with shee wilbee seized uppon
said
and confiscated to the Kinge of Spaine

Ad nonum respondet That as hee hath heard and beleeveth the interrogate
Andrewes with the interrogate shippe the Bonasperanson had made
former voyage to Saint Tome with out liscence, but hee alsoe conceiveth
and beleeveth that was not the onelye cause whoe hee did not goe
upp to Lisbone untill hee had a safe conducte proceed for that
then hee would not hee soe resolved as hee did before hee
received the said Woodes letter /

Ad decimum respondet That the letter which the interrogate Andrewes
in the baye of M
Seane Liver
received of the said Woodes ⁁ was that the said Andrewes should not by
any meanes bringe upp the said shippe to Lisbone but if hee
could convenientlye to come directlye for Londo therehence for London
but the said Woode Andrewes before that haveinge had order from
master Cocke the said Woodes ffactor to bringe the said shippe upp to Lisbone
and the wynde beinge badd and somewhat highe hee did not then
yet hee muste had as
putt out to sea and in case hee had hee maste of had as this examinate
alsoe conceiveth bine forced to have put into that place againe or
some other porte thereabouts and besides when the said Cocke heard
thereof that videlicet that the said Andrewes was willinge to have wine
directlye therehence to Londo for London and not to goe upp to
Lisbone at all hee desired him in this examinats and heareinge not soe to
then
Kinge of Spaine in his
carryed the
doe for if hee did it would bee conceived that hee had soe or
Customes and then hee should bee broughte in question aboute the
same

Ad 11 pro parte sua nescit respondere./

Ad duodecimum refert se ad predepoita et aliter nescit saveinge hee saieth
those sugars which were taken out of the said shippe at Lisbone the voyage
in question were taken out and landed by take Abrahamsons
~~~
HCA 13/57 f.46v Annotate
4o Maij 1641

Scott contra Pertins
et alias ffishe Martyn

1s

Rs. E. B

Robertus Raven de Hull in comitatu Ebracen nauta
annos agens 40 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit quod Leonard
Scott partem agen et producen proper spaci duodecimo annoru are
ultra bene novit et Richardus Portus et Thomas partes nonatus
contra quas productus proper spatiu et duodecim annoru an ultra
et a respective bene novit /

Ad primu arlu libelli ex parte Scott in hac causa datus et admissa
deponit et dicit That hee this examinate hath knowen the arlate shippe the
Primrose of Hull ever since shee was but builte and that the arlate
Richard Perkins hath bine a parte owner of her, and within the
tyme arlate hee this examinate did serve in the said shippe and then
both the said Perkins and the arlate Thomas Swann and others
theire partners were the reputed owners of her, And this hee
affirmeth uppon his oath to bee true At aliter nescit./

Ad secundum deponit et dicit That within the tyme arlate the arlate shippe
the Prose was bounde out uppon a voyage from Hull to Danske
and from thence backe againe to Hull and that with in the said tyme
the said shippe did proceede on uppon the said voyage and that the
arlate John Hemistey was master of her that voyage and had the
care and comannde as master of her that voyage And this hee knoweth
the said shippe
to bee true for that hee this examinate went out and come home againe in
her
and was one of the said shipps Company all that voyage Al aliter nescit /
4 et quintum

Ad tertium pro parte sua nescit deponere, saveinge that there were
under severall marcks
eighte severall packs or bales of cloats ⁁ laden or caused to bee
laden aboard the arlate shippe the Primrose whileste shee was and
remained in the River of Hull outwards bounde to bee transported in
the said shippe therehense to Danske and there to bee delivered for the
use and accounte of the arlate Leonard Scott twoe of which
packs or bales of cloath were marcked as in the margente videlicet and
with
by and the other with l And this hee affirmeth uppon oath to bee
true for that hee sawe when the said goodes were laden and
taken aboard at Hull aforesaid and when the said twoe one of the
4
said packs videlicet that of a was seized uppon at Elsanore and
perfected
carried away by the Kinge of Denmarcks officers there as beinge
not customed or entered accordinge to the manner of that plate
after the said shippe had there safelye arrived, And this hee
affirmeth uppon his oath to bee true hee beinge then aboard the
said shippe when the said packe of cloath was seized or uppon as
aforesaid and in that packe of cloath there were thirty fersons
which hee knoweth to bee true for that hee sawe the same the
out

Ad sextum nescit deponere aliter quam prius ad se refert

Ad octavum pro parte sua nescit deponere saveinge that hee beleeveth the hee
the said packe of Kersies were very five firstes and there of
and
d primu 63
et examinatus
Pick
make
~~~
HCA 13/57 f.47r Annotate
11

4o Maij 1641

accordinge to the rates and prize prices that Kersies were then
at in those partes hee conceiveth the said packe of her shee
was worth neere uppon one hundred and fortye poundes sterlinge

Ad decimum pro parte sua salvis predepoitis nescit saveinge that hee
conceiveth the arlate Scott would have made good bene fitt
and pfitt by the said packe of Kersies soe seized uppon
as aforesaid in case the same had come safelye to Danske
wheither they were designed Kersies there beinge then of
greate esteeme and accounte there /

Ad undecimum deponit That the arlate Scott is very much dampnified
by reason of the losse of the said packe of fersies but howe to
estimate that damage for his parte hee cannott et aliter
quam prius nescit deponere/

Super reliquis non exatur ex direccone

ad Interrogatoria./

Ad primu respondet quod That hee cometh to testifie the truth
accordinge to his knowledge in this cause being requested thereunto
by the producent Scott sed equa favet ptibus litigan et
optat victoria ius haber./

Ad secundum pro parte sua nescit respondere saveinge hee saieth that hee
heard and beleeveth That it is a usuall and accustomary thinge
amongste merchants that reside at Hull interrogate or any other place
in England that are free of the Eastolland Company in case
they send any goodes to the Eastland to enter the same in the
booke
tole booke or bill and Customehouse tooke before the departure of
that shippe wherein such goods are to bee exported and that they
doe afterwards take coppies or noates of such entries, but wheither
under hand and seale or under whose have or seale hee knoweth
not but conceiveth such coppies is or oughte to bee under some
authenticke hand and seale or both

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

Ad quartum nescit respondere aliter quam predeposuit/

Ad quintum respondet That six of the foresaid eighte packs of cloth were
laden and put aboard the interrogate shippe before shee put out
to sea and a 7th after shee was gone downe the River as lowe
as Pauley and afterwards returneinge backe againe by contrary
wyndes the 8th was sent aboard but wheither the dayes humitted
by charter parte were the expired when the 8th packe of
goode there was laden aboard or not hee knoweth not Al aliter
pro parte sua nescit saving hat all his which of oth were laden aboard in the daye the

Ad sextum pro parte sua nescit respondere./

Ad septimum aliter quam prius nescit /

Ad octavum pro parte sua nescit respondere aliter quam prius saveinge hee saith
(that
~~~
HCA 13/57 f.47v Annotate

that seaven of the foresaid eighte packs of cloath were after the said
of the 8th at Elsanore aforesaid and losse thereof there carried
interrogate shippe to Danske and there delivered to the said arlate
Scotts ffactor there to whome as hee conceiveth the same a
designed consigned to bee delivered./

Ad 9 pro parte sua nescit respondere aliter quam prius./

Ad decimum pro parte sua nescit respondere

Ad undecimum pro parte sua nescit respondere, saveinge that the master of the
that
interrogate shippe was fearefull leaste the interrogate Scotts fflate
would have arrested the his shippe at Danske aforesaid for the
losse of the foresaid packe of Cloth

Ad duodecimum respondet negative saveinge that hee saieth hee was one
the Company of the interrogate shippe the voyage in question

Signu Bxxx
Naven
Robert
R
----
die pred

Scott contra
Perius et allus
ffishe Martyn

2s./
Rs. E. B.

Leonardus Scott de Hull in Comitat brace London name
annos agens 31 aut eo circiter testis in hac parte productus

Ad primum secundum et tertium respective articulos libelli ex parte
Leonard Scott partis producents in hac causa datus et admissa depon
for these dozen yeares laste partes and upwards
et dicit That for all the tyme arlate and before and unce
arlate hee this examinate hath knowen the arlate Richard Perkins and
and before since they and Company
Thomas Swan and knoweth that for all the tyme arlate with
were generally accounted reputed and taken to bee the owners in
proprietors of the arlate shippe the Primrose of Hull and the
the said shippe was imployed and sett out to sea uppon and
to bee made from Hull aforesaid to Danste and from thence by
againe to full and that the arlate John Hemisye was appon
to goe master of her that voyage and that shee did proceed
uppon the said voyage and that the said Hemishe did goe
be there soe laden the true
Mason shore, and that the were were severall the
by the arlate Seard botts order to one
both laden accused to be laden abord the said Pipes
Shittewade before shee went sea by and the other hee the said
shee was in Golde by the arlate Leward Captaine of
said his sett the time and
transported in the said shippe therehence to Danse of
the use and accounte of him the said Leonard and that the
at any or were which hee was one
to in the margente articlate hold his worth
and one of the numbred the
and there hee eighth hee
lade at or late of the in which before the
the the and de master hee
said shippe the which are and heare was
done Peter with him from the said That wente
~~~
HCA 13/57 f.48r Annotate
48

there was a toll bill for all the said packe of Cloath, which letter
hee this examinate togeather with which the said Scott had sent to
the Company to drincke hee this examinate to his nowe beste remembrance
delivered to the said Henlye the Master of the said shippe or his
Boateswaine but which of them hee doth not at present well
remember, And this hee affirmeth uppon his oath to bee true./
At aliter nescit /

Ad nonum deponit That as hee guesseth by or a the outward
appearance of the packs there were neere uppon one hundred
Kersies in both the said packs videlicet neere uppon seaventy
the packe and not above thirty in the other the said ports
bet beinge not as a like in bignes which said hee packs
of Jerses hee alsoe guesseth and conceiveth were worth neere
uppon one hundred and and the lesser of the said twoe
packs of Kerses beinge as hee heard of the better sorte of
Rersies was worth neere uppon one hundred and fifty poundes
sterlinge little more or lesse in this examinats judgement good for his
then
beinge worth after the rate of 4£ 10s proper peece, And this hee
affirmeth uppon oath to bee true At aliter nescit./

Ad undecimum pro parte sua nescit deponere saveinge hee saieth that as hee
heard Kersies at Danske that voyage in which the Kersies in
question were lefte did yeelde at Danske where those hersies
should have bine delivered a very good highe price or rate soe
that the said Scott as hee beleeveth the beinge for above these
purt
twoe yeares out of impose of soe much money as the said Kersies
coste and stoode him in at Hull aforesaid when they were shipped and
the profitt which hee had gained thereby in case they had bine
safe delivered at Danske aforesaid wheither they were designed
and the forebearance of his money for soe longe tyme was
hath suffered damage to the value of one hundred and tenn poundes
sterlinge besides his principall./

Super reliquis non exatur ex direccone./

Ad Interrogatoria./

Ad primum respondet that hee cometh to testifie in this cause at the
requeste of Mr Scott the producent but not by waye
compulsion sed equa favet partibus litigan et optat victoria ius
haled

Ad secundum pro parte sua nescit respondere./

Ad tertium pro parte sua nescit respondere./

Ad quartum nescit respondere aliter quam predeposuit/

Ad quintum refert se ad predepoita et aliter nescit saveing hat hee rest three
goodes were laden regard the said shippe in the daye tyme and not in the nighte tyme of

Ad sextum pro parte sua nescit respondere./

Ad septimum pro parte sua nescit respondere

Ad 8. 9. 10. et undecimum pro parte sua nescit respondere./

Ad duodecimum respondet that the interrogate Scott the producent is this rendents Kircke by
the fathers side et aliter negative./

Leward Scott
~~~
HCA 13/57 f.48v Annotate
[REQUIRES TRANSCRIPTION]
~~~
HCA 13/57 f.49r Annotate
19

Ad nonum deponit et dicit That in this examinats iudgement and pmon
the arlate packe of Kersies Manner is which as hee hath heard
was seized uppon at Elsanore and there confiscated and loste
was well worth one hundred and thirtye five pounds sterlinge
at the tyme of the ladeinge thereof aboard the foresaid shippe the Primriffe
accordinge to the rates and prices that hersies were then at
and solde for goode Kersies beinge then solde for 4£ 10s a
peece and those in that packe beinge of the beste sorte
And this hee affirmeth uppon his oath to bee true Al aliter
nescit. /

Ad undecimum deponit et dicit That as hee hath heard cloth the
voyage in question came to a very goode marckett at Danske
wheither the foresaid packe of Kersies should have gon
and that it did there yeelde a very good and highe price
and therefore hee conceiveth and beleeveth the said Scott
in the losse of the said packe of Kershes and the profitts
which hee had gained by the same in case it had came safe
to the place whereto it was designed and the forbearance of his
hath suffered damage to the same or vallye of neere uppon
money ever since at the leaste one hundred pounds sterlinge
besides his principall And this hee affirmeth uppon his oath
the true At aliter qr parte sua nescit./

Super reliquis arlis non exatur ex direccone./

Ad Interrogatoria./

Ad primum respondet That hee cometh to testifie in this cause at the
requeste of Leonard Scott the producent and without compulsion send
quod eque favet ptibus litigan et optat victure is and

Ad secundum 3. 4. 5. 6. 7. 8. 9. 10. 11. et 12 Interria in hac parte ministrat
se and in
se refert saveinge that all the foresaid severall packs of Kersies
were laden aboard the foresaid shippe in the daye tyme and nowe
in the nighte tyme and that hee this rendente was and is the
some of the said Leonard Scott the producent./

Richard Trott
----
6o Maij 1641

William Ballany of Wapping in the County of Middlesex marriner, aged
about 29 yeares, sworne before the worshipfull William Sames Doctor of
Lawes Surrogate to the right worshipfull Sir Henry Marten Knight
Judge of his Maties high Court of the Admiraltie, saith and
deposeth by vertue of his oath

That he this exaiate in the moneth of
Mary last past at Ostend in fflanders did buy for the Accompt
of himselfe and Company of one Merchier Van Avyn a certaine
Dogger boate fflemish builte, of the burthen of fishe tonne or
being
thereabouts, in bread fifteene foote or thereabouts in length from
storme to sterne fiftie foote thereabouts, which shipp had formerlie beene
doggerboare./
~~~
HCA 13/57 f.49v Annotate

taken from the Hollanders, and afterwards adiudged as lawfull
prize in the Admiraltie at Dunquercke, which shipp coste this exaiate
and Company sixe hundred and ffiftie gilders fflemish monie, which
maketh sterlinge maine five and fifte pounds or thereabouts and this
son Exaiate bought the said Doggerboate for the Accompt of
of
himselfe who hath a sixteenth parte thereof and John Hartwell who
hath a quarter John Comfort, who hath an eighth william and
Horner who hath an eighth Matthias Goodsellowe, who hath an eighte
William Waller who hath an eights Richard Johnson, who hath
sixteenth, Thomas Thomon who hath a sixteenth and Henry Johnson
who hath or sixteenth parte thereof which dogger boate this hee
London
Exaiate and the said partners, have since named the seaventure of
of Topper Charte
And he this Exaiate and Company is to goe master of her upon a
aforesaid
voyage to Sunderland, and he this Exaiate and Company are all
Englishmen borne, and Subiects to the Kinge of England and noe
fforrainer or Strainer hath any interrogate of therein, And this hee
affirmeth upon his oath to bee true./

will Belland
----
die pred

Henry Johnson of the parish of Saint Andrewes Holborne London
Boyer aged 49 yeares or thereabouts sworne as aforesaid
saith and deposeth

That he this Examinate and Company gave order
this examinate
to his precontest William Bellamy to buy for himselfe, and
Company or certaine Doggerboate, which the said Bellamy in
accordinge to order and direccons soe given him did say at
accordingly, brought
Dunquercke in fflannders a certaine Doggerboate, nowe named
the Seaventure of London flemish builte of the burthen of fishe
tonnes or thereabouts, for the accompt of him this exaiate
of the said Dogge boate
Company, and hee this examinate hath a sixteenth parte thereof and the
this deponent and Company are all Englishmen borne, and subiects
to the Kinge of England and noe fforraine or strannger hath any
interest therein, And this hee affirmeth upon his oath to bee true./

Henry Johnson
----
6º Maij 1641

Browne Bushell contra)
Love et Rachaelem)
Bushell and interesse)
Budd Smith)

Robertus Kinge servus Rich Greene good omnia
Sanctoru Barkinge London Scriptoris etatis 20
annorum aut eo circiter testis p productus, iuratus et
examinatus deponit et dicit prout sequitur videlicet/

Ad duodevicesimum et septimum respective pred alluis ex parte prat Browne
Bushell in hac parte datus et admissa deponit et dicit That hee
referreth himselfe to his examinacon iteinge taken the thirty in this
Courte the 30th of March laste paste in this cause the contests
whereof being nowe reade one to him hee saieth are true by
vertue of his oath and otherwise then is therein contained in
or the parte hee forth hee cannot depose. At aliter nescit /
three and

ad Interrogatoria.

Ad
~~~
HCA 13/57 f.50r Annotate
50

Ad primu respondet That untill within these fower yeares laste parte
hee lived with his father within the parishe of Saint Martyns the ffeild
London and since that with the fore menconed Richard Greene
where hee yet liveth and beinge but a servant hee vallueth himselfe
to bee worth very little in person monies or goodes et aliter negative
saveinge that hee oweth noethinge to any body neither is any thinge
oweinge to him from any bodye

Ad secundum negative/

Ad tertium pro parte sua nescit respondere aliter quam predeposuit ad qua
se refert./

Ad quartum non exatur qua non deposuit ad contenta in 4 articulos
alluis in hac causa datus et admisses

Ad quintum nescit respondere./

Ad sextum nescit /

Ad septimum respondet That for his parte hee conceiveth there is noe
difference of parties in a board but that they are all hable
like to paye the debte when it is due but hath heard that
the firste man named in the bonde is accounted the principall
And and hath seene a bonde made wherein twoe or three have
bine bounde for the repayment of a sume and hath knowen that
when the second or third partie in that bond hath received the
monye borrowed and as hee conceiveth for his owne use

Ad octavum pro parte sua nescit respondere saveinge that hee hath heard
that master Bushell interrogate hath sold the interrogate shippe/
Robert King
----
die pred

Bushell

2s

Henricus ffactuall parochia Sancti Michaelis water Master in Le
Royall London servus Rich Rochedule poe pred scriptons etatis
21 annor aut eo circiter testis productus, iuratus et examinatus
deponit et dicit prout sequitur

Ad 10 et 11 respective pred alluis ex parte Browne Bushell in
hac causa datus et admissa deponit et dicit That in anno 1638 hee
tempus aliter non recolit hee this examinate beinge then servant to
one master Richard Greene of the parishe of Alhallowes barckinge
London Scrivener did one daye heare his said masters
sonne called Simon Greene since deceased saye, That
the twoe hundred pounds taken upp at intereste of one master
Shorebury uppon Captaine Browne Bushell and William
Bushells bound, and the arlate Golde his the said William
Bushells servant had and received of him the said Simon
for the use of the said William, and that the arlate Browne
Bushell never had any parte thereof to his knowledge and
soe much this examinate hath seene expressed and sett downe in a
little small booke which the said Simon kepte which booke
is nowe at the comannde of the foresaid Richard Greene and
at this instante in the custodye of his preconteste Roberte Kinge
And this hee affirmeth uppon his oath to bee true At aliter nescit /
~~~
HCA 13/57 f.50v Annotate

Sup reliquis non exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee hath lived aboute a yeare and as
halfe with the foresaid master Rochedule where hee nowe by
meeth and land for the space of 4 yeares little more
lesse before that lived with the foresaid Richard Greene and
ever before with his ffather here in London within the parishe
of Trinitye in the Munnes and that hee is worth little
as yet beinge but a servante under another man et aliter negative

Ad secundum pro parte sua negative./

Ad tertium refert se ad predepoita et ad libin pred deposita et
aliter nescit./

Ad quartum non exatur qua cam non deposuit ad contenta in articulos
interrogate mentionat

Ad quintum nescit saveinge that hee saieth some men will
some tymes accordinge as theire imployments and businesses lye
leave a bill of sale or other writeinge signed sealed and
delivered to theire use in the Scrivens hands and custodye
untill they can convenientlye carry away or fetch the same but
soe to doe
that is not an ordenary and usuall thinge soe farr as this examinate
rendente hath taken notice thereof

Ad nonum non exatur qua rum non deposuit ad contenta in
allo interrogate mentionat./

Ad septimum respondet That hee hath heard and knowen were of a board
that hath bine made wherein twoe or three have bine bounde
for the payment of a debte, when the second or third partie
in that bond menconed
and not the firste whome hee taketh to bee the principall hath
received the money borrowed and for his owne use alsoe and
not for the use of the firste partie in that bond menconed

Ad tertium pro parte sua nescit /

Hen Feboare
----
7o Maij 1641

Pro magister Eddo)
PeasLye et)
Smith)

Rs. E. B.

Andrewe Jurye of Shadwell in the County of Middlesex marriner
aged aboute 33 yeares sworne before the worshipfull Willmj Sames
Doctor of Lawes and Surrogate to the righte worshipfull Sir Henry Marten
the Judge of his Majesties highe Courte of the Admiralty beinge examined./
uppon certaine interrogatories ministred to him on the behalfe of master Ad
Peaslye saieth and deposeth thereto as followeth videlicet./

To the firste Interrogatory hee saieth that hee this examinate was one of the
Company of the interrogate shippe the Anne and Joane the voyage
interrogate from the Barbadoes towards England and was one of the
masters mates of her that voyage and this hee affirmeth uppon his oath
to bee true./
~~~
HCA 13/57 f.51r Annotate [CHECKED]
3us

To the second hee saieth that there was laden and put aboard the
Anne and Joane aforesaid at the Barbadoes and Saint Christophers the
voyage in question in all to his nowe beste remembrance fower
hundred and fifty or 460 baggs of cotton wooll, and
betweene one hundred and fifty and one hundred and sixtye thousand pounde
weighte of tobaccoe to bee transported therehence to this Kingdome of
England of such other place after theire arivall uppon that Coaste as they should bee advised to the greateste parte of which cotton wooll was for the
proper accounte of master Edmond Peaslye and the tobaccoe for
other men but the said Peaslye to have had the fraighte for all
And this hee affirmeth uppon oath to bee true beinge masters
Mate of the foresaid shippe the said voyage and at the ladeinge of the said goodes aboard and more hee cannott
depose./

To the third Interrogatory hee saieth That after the interrogate shippe
had taken in such goods as shee was to take in at the Barbadoes
interrogate shee departed therehense with the said goods and sailed
to Saint Christophers interrogate where shee tooke in more goodes
and therehence with her whole ladeinge departed and sett saile
for England there to receive advise whether afterwards to goe and
in her course towards England as directlye as wynde and weather
would permitt shee mett with an extraordinary storme and tempeste
in which the said shippe did much laboure in the sea, and her
seames were much opened and the said shippe much weakened
and gree very leake by and throughe the violence and continuance
of the said storme and tempuse in soe much that the seamen
and some of the passingers then aboard (whoe did all laboure
and [?XXX] theire beste endeavours
were scarce able to keepe her with lesse then
eighte foote water in the hold for the space of almoste twoe dayes
and twoe nights together, And this hee affirmeth uppon his oath
to bee true given a reason of his knowledge as aforesaid./

To the 4th hee saieth that by reason of the premisses in his deposion
to the next precedent Interrogatory menconed the Master of the
interrogate shippe the Anne and Joane called Orpheus Dunkin
did with the generall consent and good will or approbacon
of the marriners and passingers then in the said shippe (a
generall Consell beinge firste called and all called to it) for the
preservation of the said shippe and the goodes and theire owne
lives beare upp the helme for any of the Islands 
which they could firste arrive to beinge thereto enforced and
constrained by reason of the disaster and leake aforesaid, in hopes
there to finde out and stopp the said leake and to make the said
shippe staunch and thighte againe and able to endure the sea
shee beinge then in such bad plighte that hee conceiveth shee would
in a very shorte space of tyme in case they had not laboured and done as they
(did
~~~
HCA 13/57 f.51v Annotate [CHECKED]

otherwise have perished and foundred in the sea and accordinglye did
afterwards arive at [?Barragwin], where after theire arrivall the
romaged the said shippe and in soe doeinge founde out of the
leake and gott the same stopped and then put out to sea againe
therehence as directlye as wynde and weather would permitt
and suffer them to doe towards England And this hee affirmeth
uppon his oath to bee true giveinge a reason of his knowledge
as aforesaid./

To the 5th hee saieth That after the interrogate shippe was put out
to sea from [?Barragwin] aforesaid where her leake was stopped shee
worckinge and laboureinge in the sea shee proved soe exceedinge
and extraordinary leakye and insufficient, that her master and
Company were constrained and enforced to put into Saint Christophers
againe where after her arrivall uppon a complainte made to the
Governor of Saint Christophers by the passingers in the said shippe
to whome the tobaccoes then in her did belonge, the said tobaccoes
were all taken out of her and landed a shoare, the
said shippe beinge not able or sufficient to bringe the same have
by which meanes the said Peaslye loste the fraighte thereof And
this hee affirmeth uppon his oath to bee true

To the 6th Interrogatory hee saieth That by reason of the premisses
before by him deposed of the tobaccoes which were caused to bee
unladen at and taken out of the interrogate shippe at Saint
Christophers aforesaid were very much dampnified and a greate parte
videlicet to the number of thirtye baggs or neere thereabouts of the
cotton twentye whereof were quite rotted and good for noethinge
soe that hee beleeveth the damage of the said cotton did amounte
unto in this examinats iudgement unto neere uppon six score poundes
sterlinge besides the damage of the tobaccoes and the losse of the fraighte of the same
which would have amounted unto as neere as hee can guesse at
the same, seaven or eighte hundred poundes more the fraighte
of tobaccoe beinge then three halfe pence per pounde, soe that the whole
losse which the said Peaslye by reason of the premisses hath sustained
and suffered the voyage in question in this examinats iudgement cannot
bee lesse then twoe thousand poundes sterlinge hee beinge enforced
by reason of the interrogate shipps insufficiency to take all the cotton
out of her and to have the fraighte thereof home for England
in another shippe And this hee affirmeth uppon his oath to bee
true/

Ambarr Joory [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.52r Annotate [CHECKED]

52

die pred/

Peaslye
Smith

2s

Rs. E. B

ffortune Hamende of Wappinge in the County of Middlesex mariner
aged aboute 32 yeares sworne and examined as aforesaid saieth
and deposeth as followeth videlicet./

To the firste Interrogatory in this behalfe ministred hee saieth That
hee this examinate was one of the Company of the interrogate shippe the
Anne and Joane the voyage interrogate from this Porte of London to the
Barbadoes interrogate and from thence backe againe towards England
and outwards bounde hee had noe place in her but was afterwards
made Gonners Mate of her And this hee affirmeth uppon his
oath to bee true./

To the second hee saieth That the voyage in question at the Barbadoes
and Saint Christophers there was to the quantitye or number of 450
baggs of cotton wooll at leaste laden and put aboard the interrogate
shippe the Anne and Joane all as hee beleeveth
excepte sixteene for the accounte proper of the interrogate Edmond
Peaslye, and to the quantitye of (as neere as hee guesseth) and as
hee hath often tymes heretofore heard the master of the said shippe
sayd and affirme) one hundred and fifty thousand pounde weighte
of tobaccoe for the accounte of other men the fraighte whereof as alsoe
for the foresaid Cotton did belonge and appertaine unto the foresaid
Edmond Peaslye And this hee affirmeth uppon his oath to bee true
given a reason of his knowledge for that hee beinge of the said shipps
Company as aforesaid was at the ladeinge and receiveinge of the
said goodes aboard the said shippe at the places aforesaid./

To the third hee saieth That after they had taken in and laden
aboard the interrogate shippe at the Barbadoes interrogate all
such goodes as they were there to taken in they sett saile and
departed therehence to Saint Christophers interrogate where they alsoe
tooke in and laded aboard the said shippe certaine other goodes which
were there provided for her and then sett saile and departed
therehense for England and saileinge as
directlye as winde and weather would permitt towards England
mett with a very violent and tempestuous storme in which
storme the said shippe laboureinge in the sea her seames opened
and shee grewe very leakye in soe much that they were all in
greate perell and dannger of sinckinge and foundreinge in
the sea and notwithstandinge all what the seamen could doe beinge assisted 
with the helpe of the passingers then aboard they were scarcelye
able to keepe the said shippe with lesse the seaven or eighte foote
water in the houlde and hee beleeveth had they not had the
assistance and helpe of the passingers in such theire distresse the said shippe had
foundred and suncke in the said before they could have often
her into some harbour for s[?sXXXX], And this hee affirmeth
uppon oath to bee true giveinge a reason of his knowledge
as aforesaid./
~~~
HCA 13/57 f.52v Annotate [CHECKED]

To the 4th hee saieth That beinge in the disaster and damage
aforesaid the master of the said shippe the Anne and Joane
(called Orpheus Dunkin) was fainte and enforced to beare upp

the helme of the said shipp and steere towards some of the Islands
neere thereabouts and accordinglye did with the consent
approbacon and goodlikeinge of the passingers and marriners of
the said shippe steere towards the shoare and arrived at [?Barragwin]
interrogate in hopes there to finde out and shippe the foresaid leake
and free themselves of the dannger and perill they were then
in, and comeinge to [?Barragwin] they caused the said shippe to bee
rommaged and founde out the leake and as it was conceived stoppt
the same aswell as it could bee done unlesse the said shippe had
bine quite unladen, and then sett saile therehence againe
as directlye as wynde and weather would permitt towards England
which hee knoweth to bee true giveinge a reason of his knowledge
as aforesaid./

To the 5th hee saieth that the said shippe the Anne and
Joane beinge putt out to sea from [?Barragwim] and at sea
proved soe exceedeinge leakye and insufficient for her voyage
laboureinge and worckinge in the sea, that the master of her
and his Company with the consent of the passingers were
enforced to put backe into Saint Christophers againe, where all
the goodes in the said shippe aswell the said Peaslyes as others
uppon a complainte made by the passingers to the Governor there
were unladen and taken out of the said shippe the Anne and
Joane the said shippe beinge not able or sufficient to
transporte the same to the greate losse and damage of the said
Peaslye in the fraighte of the same as otherwise And this hee
affirmeth uppon his oath to bee true./

To the 6th hee saieth that a greate deale of tobaccoes in the
said shippe the said voyage was dampnified and spoiled and all
the lower teere of cotton to the quantitye of neere uppon thirty
baggs alsoe damnified and spoiled and rotted and noe parte
thereof worth the saveinge the damage whereof did amounte
unto in this examinates iudgement six score poundes sterlinge or neere
thereabouts (besides the damage of tobaccoe which hee cannot estimate) each bagge of cotton
[?XXX] 400 weighte of cotton at least and some more, and the said Peaslye
by reason of the said shipps inabilitye and insufficiency
aforesaid beinge enforced to hire the fraighte of another shipp
for the transportation of those cottons which were lefte and
the losse of the fraighte of the said foresaid tobaccoe which
~~~
HCA 13/57 f.53r Annotate [CHECKED]
53

as hee conceiveth would have amounted unto eighte or nyne hundred
pounds sterlinge hath one wayes or other suffered losse and
damage in all to the value of at leaste seaventeene
or eighteene hundred poundes sterlinge in his this examinats
iudgement hee payeinge fraighte for the cotton wooll aforesaid
six hundred poundes little more
or lesse as this examinate conceiveth And this hee affirmeth
uppon oath to bee

[?XXXXXXXXXXX] [SIGNATURE, RH SIDE]
----
8o Maij 1641

Chamlett contra Loveland)
et al Smith Budd)

1s

Jeremias Swanlye de Ratcliffe in Comitatu Middlesex
nauta annos agens 24 aut eo circiter testis in
hac parte productus, iuratus, et examinatus deponit
et dicit prout sequitur videlicet /

Ad prima prem alluis ex parte Chamlett et soc in hac causa datus
et admissa deponit et dicit That all and singular the wynes
belonginge to the arlate master Loveland which were laden aboard
the arlate shippe the Charles for his accounte the voyage in question leakeage (breakage
excepted) safelye landed and taken out of the said shippe and lefte
in the possession and custodye of the said Lovelands Cooper
at ffreshe wharfe after the arrivall of the said shippe in the River
of Thames from the voyage in question and noe faulte founde
therewith nor yett any pretence or complainte of damage made and
some of them were carried away as they were landed to the said
Lovelands house and the reste rowled from the waters side where
there were landed and put into sellers or warehouses
appointed and made choyse of by the said Loveland or his Coopers
for the receite of the same without any pretence of damage
at all and this hee affirmeth uppon his oath to bee true hee
whoe was boatswaine of the said shippe the said voyage
and sawe and kepte an accounte of what goods were landed out of the said
shippe At aliter nescit /

Ad secundum deponit et dicit That for his parte hee conceiveth that in
Lawe and reason, if any merchante have wynes broughte from the parts
beyond the seas to this Porte of London in any shippe and pretend
any damage in the same hee oughte before hee
take and carry away such wynes out of the said shippe
home to his seller or warehouse firste to acquainte the master of
ye said shippe therewith and cause him to have the said wynes
viewed before hee soe take and carry them away in case hee
will or doe expecte satisfaccon or recompence for such damage from the
master or owners of such shippe or otherwise And this hee
affirmeth uppon his oath to bee true Al aliter nescit /
~~~
HCA 13/57 f.53v Annotate

Ad tertium deponit et dicit That in case the arlate Loveland
had or received any damage in his wynes laden aboard
the arlate shippe the Charles the voyage in question that
damage if any such were came meerely by the insufficiency
of the Caske and extraordinary leakeinge thereby and not
by or throughe any faulte in the said shippe or master
or Company nor yet in the stowage thereof aboard the said
shippe for that they were very well stowed and soe well that
hee knoweth there neither was nor could bee any faulte founde
therewith And this hee affirmeth uppon oath to bee true hee
beinge at the takeinge of them in and delivery of them out, Al
aliter nescit /

Ad quartum nescit deponere, saveinge that the arlate Coppin
had certaine wynes belonginge to himselfe and some of his
owners broughte to this Porte of London in the arlate shippe
the Charles the voyage in question wherein hee conceiveth there
was extraordinary leakage and asmuch as in any other by reason
and dangerous
of the said shipps longe ⁁ passage And this hee affirmeth uppon
his oath to bee true At aliter nescit /

Ad quintum dicit predepoita proper eu esse vera./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee was boatswaine of or in the interrogate
shippe the Charles the voyage in question, and that hee hath all
his wages payd him, that hee weather cometh to testifie in this
at the requeste if master Coppin the Master
cause ⁁ and that hee neither hath nor expecteth to have any thinge
directlye or indirectlye for his testimonye in this cause

Ad secundum respondet quod equa favet ptibus litigan et optat victoria
ius haben./

Ad secundum respondet That there were to his nowe beste remembrance one
hundred and twentye five pipes of Canary wyne laden aboard the
interrogate shippe the Charles at the Canary Islands the voyage in
question to bee transported therehence to this Porte of London and
bee delivered to the interrogate Loneland and Button and or theire
assignes

Ad tertium respondet That the voyage in question the bulke heade of the
Gunroome was broaken downe to on purpose to make the
noone and the holde of the shippe all one and in these
twoe places after the bulcke heade aforesaid was broaken all the
foresaid wynes were stowed but aboute seaven of the said
pipes of wyne as hee conceiveth laye stowed within the cuised
of the gunn come and the reste in the holde but the gunne
was kepte faste looked untill the interrogate shippe the voyage interrogate
sprunge a greate leake./
~~~
HCA 13/57 f.54r Annotate
54

Ad quintum respondet That untill the said shippe had sprunge a leake aforesaid
whereby they were in dannger of looseinge both shippe and goodes
and theire lives the gunn roome and scattle hee was kepte faste
locked downe but after that leake was springe they were enforced
for the preservation aswell of the said shippe and goodes as theire
lives to leave the Scottle hole open the better to finde out and shipp
the said shippes leake and in some meason free themselves of
the Dannger they were in

Ad sextum respondet That sometymes in a morneinge or eveninge
when some of the said shippes Company when they had bine
laboureinge exceedeinge hard at the pumpe for many howers
togeather or otherwise imployed in and aboute the preservacon of
the said shippe they would goe downe and druncke a cupp or twoe
the wyne the in the said shippe
of whoe the said Dewell and and Bottent wyne and in truth were
some of them were some tymes with drinckeinge of ther the
said wynes and the steme thereof beinge weared with worckeinge
and over heated and the powers of theire body thereby opened
over come and distempered et aliter nescit /

Ad septimum respondet That hee for his partes never heard any such
thinge as is interrogate passe betweene the interrogate Coppin and
the arlate interrogate Loveland and Burtons ffactor and the said
againe
shipps Scuttle was not locked upp ⁁ untill they came within sighte
of England but the reason thereof was because they were alwayes
in dannger and feare of sinckinge and that was lefte upon the
better to cleere and free the said shippe

Ad octavum respondet That in the said shipps course from the Cananes
towards England shee put haveinge sprunge a leake at sea put
into Saint Michaell Island to finde out and stopp the same and alsoe
to take in some freshe water where the master carried a shoare
and gave away twoe small rundletts of wyne and ⁁ case of buttles of
wyne cout in all not much above tenn gallons of wyne at moste
in this examinats rendents judgement but those randletts and bottles of
the master
wyne were drawen and taken out of his owne wynes which
and other places in the said shippe
were stowed in the hatch waye ⁁ Al aliter nescit /

Ad nonum respondet That afterwards uppon the said shipps arrivall uppon
the English Coaste beinge stopped in her course towards London
by an Easterlye wynde they stopped at ffollowe and hasting in
a
Essex where the master of the interrogate shippe solde and disposed
and spent a hogsheades more after they cause uppon her the laste
of app one pipe of his owne wyne et aliter nescit saveinge that
hee beleeveth some of the Company did sometymes dureinge the
make use of and
said shipps staye there drawe a cann or twoe of the mrchants
then aboard
wynes to make theire freinds druncke when they came aboard
to visite them./

Ad decimum nescit respondere saveinge hee saieth that hee heard the interrogate
Coppin the master and the Gunner at some difference aboute
(some
~~~
HCA 13/57 f.54v Annotate

some abuse as it seemed which the master pretended hee had
offered to the merchants wynes and to his beste remembrance hee
heard the master saye that hee would stopp his wages for the
same./

Ad undecimum respondet That when they came out from the Canaries the
weather was faire and calme but afterwards dureinge the voyage
it was sometymes faire and some tymes foule and comeinge
aboute the Wester Islands they mett with very fowle weather at
aliter quam prius nescit /

Ad 13 pro parte sua nescit respondere ut dicit /

Ad 11 refert se ad predepoita et aliter nescit /

Ad 14 pro parte sua nescit respondere./

Ad quintodecimum respondet That the merchants Coopers were aboard the
interrogate shippe before any of the wynes in question were unladen
and as hee conceiveth they did viewe the same but founde
rendente
noe faulte therein with any of them that ever this examinate could
then heare of Al aliter nescit quam prius ad qua se refert nescit /

Ad sextodecimum pro parte sua nescit respondere./

Ad 17 respondet That the moste usuall thinge or wayes for masters
of shippe as hee conceiveth to stowe wynes or such like goods in the
holde of a shippe but hee alsoe conceiveth that it is not amisse
to to stowe some in the gunn roome of there be bee any occasion
or necessitye soe to doe and it maye bee spared and for to
keepe the hatches or suittle hole looked downe faste unlesse unles
there bee some reason otherwise to doe as there was the voyage
question for theire preservation ut predeposuit/

Ad duodevicesimum respondet That the master of the interrogate shippe after hee had
stayed a while at hastings aforesaid the wynde beinge still contrary
hee one put out to sea and fetcht a company aboute in hopes
thereby to have gott upp to London but could not but was funte
to put in theither againe and then there were some that lived
thereabouts that were aboard the said shippe that would willinge
have come with him in the said shippe upp to London of the
it mighte or could have bine effected but when they sawe it
could not bee done they lefte the said shippe againe

Ad undevicesimum respondet That afterwards in theire passage towards London
beinge hundred by a Noreweste wynde they stopped at fast
where they tooke in a Pilott for London, and there the master
of the said shippe laye by the space of 4 or 5 dayes and nighte
the wynde for all that whole beinge at Noreweste and againste the
At aliter nescit saveinge that they made choyse of and sett saile
from the places aforesaid with the firste opportunitye of affaire wynde

Ad vicesimum octavum respondet That hee beleeveth the said shippe had
arrived heere at this Porte of London or tenn dayes soe
shee
then they did in case they had not bine hundred by contrary were
4
~~~
HCA 13/57 f.55r Annotate
55

the
as they were after they came uppon the English Coaste that
beinge the onelye cause of theire stay Al aliter nescit /

Ad vicesimum primum nescit respondere for want of his accounts which at present
hee hath not aboute him but saieth that to his beste remembrance
there were to the quantitye of thirtye pipes little more or lesse
laden aboard the interrogate shippe the voyage in question for the
accounte of the interrogate Coppin and the owners of the said
shippe, Al aliter nescit./

Jone Swanley
----
die pred

Chambert

2s

Rs. E. B.

Johannes Pence de Deptforde in comitatu Cant nauta annos
agens 21 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet./

Ad prima prem alluis ex parte Charles et soc in hac causa datus
et admissa deponit et dicit That after the arlate shipps arrivall
from the voyage in question the arlate Jeremye Loveland by
himselfe or his Coopers in that behalfe appointed had and
received a shoare at ffreshe wharfe where the said shippe was
laden aboard the said shippe the said voyage (leakage excepted) for his accounte
delivered all his compenient of wynes ⁁ parte whereof were presently
as they came a shoare carried away home to his owne house
or some other place provided or appointed by him for the
receite of the same and the reste the Coopers tooke chardge
and care of and there was noe faulte founde therewith
nor any damage then speaken of or pretended nor any
intimation given to the master of the said shippe or any of
at
his Company to take notice of any damage before the same
tyme when the said wynes were landed as aforesaid and putt a shoare
that ever this examinate coulde heare of hee beinge one of those that
the
was at ⁁ landinge of the said wyndes Al aliter nescit /

Ad secundum deponit That hee this examinate thincketh if verie reasonable
and fittinge that if any merchante have wynes or other goods
broughte to this Porte of London in a shippe wherein hee suspected
or pretendeth damage, in case hee ever looke or expecte to any
satisfaccon or recompence for such damage if any bee hee
oughte firste before hee take and carry away the said wynes or
out of the shippe or other vessell wherein the same are
other goodes to his owne house or warehouse under his owne
comannde, to give the master of that shippe wherein such wynes
nine
or other goodes are ⁁ to viewe the same and take notice of the
damage els hee come conceiveth hee oughte to beare the
damage himselfe Al aliter nescit /

Ad tertium deponit et dicit That the damage, which happened and
came to the said Lovelands wynes the voyage in question came by
extraordina
by some dispate xxx that befell the said shippe
leakage which happened ⁁ the said voyage and not by any all stowage
or otherwise And this hee affirmeth uppon his oath to bee true At
aliter nescit /
~~~
HCA 13/57 f.55v Annotate

Ad secundum pro parte sua nescit deponere saveinge hee saieth the
arlate Coppin the voyage in question broughte home wynes
of his owne and some for his owners wherein by reason of some
disasters which befell the said shippe that voyage there was
in them or any other
extraordinary leakage but howe much hee knoweth not but
conceiveth there was as much in them as in any other And
this hee affirmeth uppon his oath to bee true

Ad ultimum dicit predepoita proper eu esse vera./

ad Interrogatoria./

Ad primu respondet That hee was a marriner in the interrogate
shippe the Charles the voyage interrogate but hath not as yet
received all his wages due to him for the said voyage and that
hee cometh to bee a witnes in this cause at the requeste of the
foresaid Coppin the Master in hopes thereby to recove the
remainder of his wages which is not very much et aliter negative

Ad secundum respondet quod equa favet partibus litigan et optat
victoria ius haben

Ad tertium salvis predepoitis nescit

Ad quartum pro parte sua nescit respondere, saveinge that hee saieth there
some wynes stowed in the said shippes gunn roome the voyage in
question but to whome the same did belonge hee knoweth not
nor certainely what quantitye were of them but thincketh there were
aboute six or seaven pipes of them in the whole /

Ad quintum respondet That after the said shippe sett saile from the
Canaries to come for London shee sprunge a greate leake in the
much that her Company could hardlye free her and keepe her
from foundreinge in the sea and then the Scuttle of the
gunn roome was lefte open for her Company to goe upp and
downe as they had occasion the better to keepe the said shippe
from sinckinge and themselves from the dannger they were then
in Al aliter pro parte sua nescit /

Ad sextum respondet That hee beleeveth some of whileste the said
Southe was open and not looked hee beleeveth some of the
said shippes Company some tymes where in a morneinge on
eveninge when they had wroughte hard would goe downe
the Gunroome and there druncke of the wyne aliter
pro parte sua nescit./

Ad septimum salvis predepoitis parte sua nescit respondere./

Ad octavum nescit respondere, saveinge hee saieth that partelye for the
of water and breade and partelye to finde out and shippe the
leake aforesaid they did put into Saint Michaell Island where the
stayed 2 or 3 dayes ut credit

Ad nonum respondet That afterwards uppon the said shipps arrive
uppon the English Coaste they wanteinge water and beare
some
~~~
HCA 13/57 f.56r Annotate
56

some other persons did put into some place in fusse where
they punished themselves with such things as they wanted and
there as hee taketh it the master of the said shippe did sell and
somme of
hee
dispose of a pape of wyne of his owne wyne which had
aboard, At aliter nescit /

Ad decimum pro parte sua nescit respondere ut dicit /

Ad 11 respondet That dureinge the voyage in question the weather was
some tymes faire and calme and some tymes foule and tempestious

Ad duodecimum pro parte sua nescit respondere ut dicit /

Ad 13 refert se ad predepoita et aliter nescit /

Ad 14 pro parte sua nescit respondere./

Ad 13 pro parte sua nescit respondere ut dicit saveinge that hee
saieth the wynes in question were viewed by Coopers before
they were were out of the said shippe

Ad sextodecimum pro parte sua nescit respondere ut dicit /
for

Ad 17 respondet That hee conceiveth it is a moste sittinge and usuall
the wynes or such like kinde of goodes to bee stowed in the holde
of a shippe and that the Scutle, or hatches of the shippe
say hee beleeveth the paines and Scuttle hole of the Charles had bin all the voyage in case shee
should bee locked downe and kepte faste ⁁ but alsoe conceiveth
it may not bee a mose to stowe goodes or wynes in case of necessitye
in the gunnroome. Al aliter nescit /

Ad duodevicesimum pro parte sua nescit respondere ut dicit saveinge that the said
Coppin did make use of the first faire wynde that happened
to carry him to sea for London after hee had bine at Sussex
interrogate and as hee taketh it there were some people then
that lived thereabouts then aboard the said shippe when shee sett
saile whoe were presentlye fetch a shoare againe by bin
a boate sent from the shoare /
by contrary wyndes

Ad 13 nescit respondere saveinge hee saieth they were forced in
to a place called Ramsgate in theire course towards London where
they stayed in all by the space or 3 or 4 dayes and nights for a
faire wynde and to gett a Pilott to bringe them upp

Ad vicesimum respondet That hee beleeveth is in cause they had not bine
hundred by contrary wynde and fainte the
they might in all probabilitie
grause to stopp at the places aforesaid but bitter hundred by abilitye
have
contrary wyndes the said shippe had arrived at London a dayes
sooner then they did in this rendents owner./

Ad secundum salvis predepoitis pro parte sua nescit /

John Beaver
~~~
HCA 13/57 f.56v Annotate

11o Maij 1641

Lambe contra Browne
Yeo Martyn

Robertus Hooper de Carradia in ffegno Scotia nauta annos
agens 29 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet/

Ad secundum prem alluis ex parte Browne in hac causa datus et admissa
deponit et dicit That after the arrivall of the arlate shippe the
James James Browne master) from the voyage in question in the
fiver of Thames from the voyage in question all and singular
x nor putt and Bronewood
the goodes wares, and merchandises ⁁ laden aboard the said shippe
at Stockholme arlate by the arlate William Morter and
consigned to bee delivered to the arlate Lambe here in London
were safelye landed out of and delivered out of the said at
to the arlate Lambe
Smarts Key arlate and there lefte in the custodye or possession
of the said Lambe (to his beste remembrance hee beinge then presente
in the custodye of
or for such other as hee had appointed to looke after the same
but the perticulers of the said goodes hee doth not nowe remember
it beinge soe longe since and hee keepeinge noe accounte
better, but sayeth there was hrow, pipps and Barneward
thereof by him for his remembrance ⁁ And this hee affirmeth
uppon his oath to bee true for that hee this examinate was one of
the Company of the said shippe that voyage and well knoweth
that the said shippe made noe porte before shee came to
London nor landed any other goods but what were landed at
Smart Key aforesaid and that all noe goodes were lefte aboard
after the foresaid goodes were landed Al aliter nescit /

Super reliquis non exatur ex direccone./

Ad Interrogatoria/

Ad undecimum respondet That hee this examinate was one of the Company of the
interrogate shippe the voyage interrogate ut predeposuit, and sayeth that
all his wages due to him for his service in the said shippe the
voyage were longe since payd him et aliter negative

Ad secundum pro parte sua nescit respondere./

Ad nonum nescit respondere aliter quam prius./

Ad quartum pro parte sua nescit respondere aliter quam predeposuit/

Ad quintum refert se ad predepoita et aliter nescit saveinge that hee
sawe the interrogate goods laden aboard the interrogate shippe at
Stockholme aforesaid and alsoe the delivery of them at Ture
Keye aforesaid./
Robert Whipp
~~~
HCA 13/57 f.57r Annotate
57

1o Maij 1641

Buely et alj contra Clements)
Budd Smith)

Andreas Norton de Lymehouse in Comitatu Middlesex
nauta annos agens 25 aut eo circiter testis in hac
parte productus, iuratus, et examinatus deponit et dicit
prout sequitur videlicet/

Ad prima prem alluis ex parte Clements et soc in hac causa
datus et admissa deponit et dicit That there was noe tyme
convenient and fitt for the carrieinge downe of the arlate shippe to
Gravesend the voyage in controversye after shee was laden
hee this examinate beinge one of the Company the wynde not bringeinge them
omitted which hee knoweth to bee true for that they did warre
it downe from Grave Blackwall to Greemeth Woloth which
hee never knewe donne before and the nexte tyde departed
therehence to Gravesend and that tyde arrived theither At aliter
nescit towards Gravesend and that tyde sailed to Truth and there
the voyde beinge contrary and
were forced to staye twoe tydes one of them faite in the wighte tyde
some thith hime they could not tyme it downes as they custended at have depre and
and the ther the wyne not serveinge a but as seinge as they
the other fall the nighte tymes the said part doe it for seaven of
the wynde came save they sett saile three and cerned at
dannger but
Gravesende the next tyde after they turned it downe and came
to Gravesende that tyde Al aliter nescit /

Ad secundum deponit et dicit That there was a certaine shippe called the
William that should have gone Viceadmirall to the shippe the
Anne and Elsabeth the voyage in question which hee conceiveth is the
arlate shippe the William which shippe hee saieth hee conceiveth
is at leaste or fifty or sixtye tonnes lesse in tonnage then the
arlate shippe the Anne and Elsabeth be and draweth but eighte
or nyne foote water at moste whereas the Anne and Elsabeth
draweth tenn or eleaven foote water which is a greate hindrance
to her saileinge besides hee saieth the arlate shippe the Anne
and Elsabeth seized at Woole and was not quite laden when the
Willmj went awaye from London And this hee affirmeth uppon his oath
oath to bee true At aliter nescit saveinge that a small shippe will
sooner and easer warpe or turne done the River of Thames then
greate shippe can and soe much hee conceiveth is well knowen to
those that have still in navigaton

Ad nonum respondet That as soone as the said shippe was cleered at
Gravesend and before the searchers were gon out of her one of
her Anchors by which shee rodd was fetcht in and aboard and
the other cable was the Capston, and the Anchor readye to weighte
and noe tyme shipped or omitted fitt for the carrieinge downe of
the said shippe into the Downes onelye hee saieth that when they
came to the lower end of the shippe they were befored and
forced there to staye one tyde, and then departed therehence
and gott downe as lowe as Leighe where they stayed a while for
Jane and fitt pportunitye to gett over the fflatts and the sailed
duetye, which hee being with the seise morneing in pringe they
~~~
HCA 13/57 f.57v Annotate

they could gett And this hee affirmeth uppon his oath to bee true
untill shee came to other of the Cowes
hee beinge one of the said shipps Company the said voyage ⁁ at
predeposuit. Et aliter nescit/

Ad quartum deponit That after theire arrivall in the Downes aforesaid
made use of the firste opportunitye of wynde and weather that served to proceede on theire voyage made
they made ⁁ noe staye at all there otherwise or longer then
putt theire pilott aboard his Majesties shippe the Bonadventure
and for one Roberte Streete a ffactor or servante to
one of the mrchants of the said shippe the said voyage, which was
soe done by and with the consente and approbacon of the
arlate Callins whoe hee was then aboard and did never
to this examinats knowledge or heareinge gaine saye and take any
dislike thereat And this hee affirmeth uppon his oath to bee
true At aliter pro parte sua nescit saveinge that the said Collins
propard
was ⁁ ffactor or Agent for the mrchants the voyage in question
6 et octavum

Ad quintum refert se ad predepoita et aliter nescit, saveinge that after
they first departed and sett saile out of the Downes and were
gott outwards uppon theire intended voyage as farr as a place
and driven
called save hee they were by contrary wyndes enforced backe
againe into the Downes and did returne backe againe into the
Downes and there stayed twoe or three dayes for a faire wynde
and to then sett saile againe and gott as farr as foulstone
and then were driven backe againe into the Downes, and eighte
severall tymes at after theire firste arrivall in the Downes they
sett saile and put out therehense but were still forced and
and tempests
driven in backe againe theither by contrary wyndes but the
what she
nyneth tyme departeinge and saileinge therehence they laye
infoule weather
putt into Portsmuch haveinge loste there foremaste and bolt shipp
they were fainte to putt into in to Portsmouth to repaire and
amend the said shippe of the damage shee had suffered by
contrary wyndes and tempests that happened and had hundred hee
from proceedeinge on her intended voyage, and in case shee had
not soe done shee had not nor could have proceeded uppon
and damages
her voyage at all after shee had received the disasters aforesaid
And this hee affirmeth uppon his oath to bee true.

Ad octavum deponit et dicit That soe soone as the said shippe
Anne and Elsabeth was repaired and amended of her damage
aforesaid the master and Companye of her were readye and
callinge to have proceed, and gon uppon the said wye
which hee knoweth to bee true for that hee was one of the
man et nescit/
~~~
HCA 13/57 f.58r Annotate
30

Ad nonum deponit et dicit That the arlate Collis the arlate
Guelye and Companies ffactor for the intended voyage in
question after the said shippe was repaired and amended
and gon from Portsmouth to the Cowes did there tell the
said shippes Company this examinats presence and heareinge that
nowe was a convenient tyme to speake to them and that the
in her theither or whether els hee pleased
said shippe was bounde for Sallye and those that would goe ⁁ mighte
and those that would not mighte chuse whereuppon and soe much
hee thought good and fittinge to acquainte them with before
they were gon any further whereuppon nyne of the said
shipps companye whereof hee this examinats was one did give over the
said voyage and forsooke and lefte the said shippe as not
willinge to saile or goein in her to fallye that beinge a danngerous
porte by reason of Turcks men of warr that usuallye frequent
and reserve theither and by reason those men did for sake and
leave the said shippe and would not proceede in her to fullye
aforesaid the master of her was fainte to come upp to London
otherwise the said shippe could not, have proceeded on her voyage
to hire other men in theire roomes ⁁ And this hee affirmeth
uppon his oath to bee true At aliter nescit /

Ad decimum refert se ad predepoita et aliter nescit saveinge that
hee beleiveth the master of the said shippe did use all the beste
dilligence and care and exed expedicon hee could in gettinge
more men for to proceede uppon the foresaid voyage and to this examinats
knowledge whoe stayed aboard of her untill shee was readye to sett
saile did neglecte noe faire wynde or good oppertunitye to
proceede uppon the said voyage after hee had gotten his men
which hee was fainte to hire as aforesaid Al aliter nescit /

Ad undecimum deponit et dicit That the arlate Collis and Streete
were accounted and generallye taken to bee the ffactors or Agents
for the merchants the voyage in question and went out in the said
shippe the said voyage reddens racoem scien sua ut supra et aliter
nescit /

Ad duodecimum deponit et dicit That hee this examinate hath knowen the arlate
Roger Steevenson the master of the said shippe the Anne
and Elsabeth the voyage in question, for these twoe yeares laste
and better, and hee never knewe him otherwise but a very honeste
carefull and industrious man in his callinge and soe generallye
accounted reputed and taken and for all the tyme that hee
this examinate did belonge and appertaine to the said shippe hee did
use all the care and dilligence hee could in the prsente of the
said voyage. And this hee affirmeth uppon his oath to bee true At
aliter nescit./

Ad ultimum dicit predepoita proper eu esse vera./

Ad Interrogatoria.
~~~
HCA 13/57 f.58v Annotate

Ad primum refert se ad predepoita et aliter negative saveinge that
hee conceiveth there is some wages due to him for the tyme hee
did belonge to the said shippe in respecte hee had leave to English
her of the merchants ffactor aforesaid beinge not hired for Sallye now
willinge to goe in her theither for the reasons aforesaid./

Ad secundum respondet That hee cometh to testifie in this cause the truth
accordinge to his knowledge at the requeste of one master Steevens
a freinde of the or brother of the masters deceased sed equa favet
partibus litigan et optat victoria ius haber./

Ad tertium nescit respondere aliter quam prius saveinge that there were some
goodes laden and taken aboard the interrogate shippe whileste shee laye
at Portsmouth in reparation of her damages sustained as aforesaid
which were broughte downe from London as hee heard in a wagen
and those goodes were sayd to bee as hee beleeveth they were for
the merchants accounts they beinge laden for Sallye wheither the
foresaid Callins of afterwards sayd the said shippe muste goe

Ad quartum refert se ad predepoita et aliter nescit saveinge that the interrogate
shippe the William and the Anne and Elsabeth did ride togeather in the
River of Thames neere deptforde by the space of one nighte
and halfe a daye next before the William departed therehence for
Gravesend after which tyme the Anne and Elsabeth did taken in
goodes, belonginge to the merchants the fraighters for the voyage
controverted

Ad quintum nescit respondere aliter quam prius saveinge hee saieth to his beste
remembrance the wynde was southerlye when the Willm departed
from the Company of the Anne and Elsabeth at Deptforde aforesaid

Ad sextum nescit respondere aliter quam prius saveinge That after the said
shippe was cleered and dispatched here at London with much a doe
shee gott downe to Blackwall where shee laye wynde bounde by the
space of a weeke in soe much that hee beleeveth from the tyme of
her dischardge here at London and the tyme of he shee gott over the
interrie
fflatts aforesaid shee spent 12 or 13 dayes but what daye it was
that shee was cleered or what daye shee went over the fflatts hee
remembreth not but saieth shee went over in Company with other
London
shipps amongste which there was a small shippe of Plymouth
some place thereabouts of which as hee taketh it one Harte was use
that went over and the wynde and weather was then faire and those
shipps as alsoe the Elsabeth did all stande awaye to the Westward
and went out of the Downes togeather or within a very little one of
another but some of them were enforced and driven backe againe
by contrary wynds
into the Downes aswell as the Anne and Elsabeth but the rest the
letter of saile and light gett quite awaye Al aliter nescit /

Ad septimum respondet That to his nowe beste remembrance betweene the said
of ffebruary interrogate and the second of march followeinge the
wynde was shiteinge some tymes faire and some tyme interrogate hee
~~~
HCA 13/57 f.59r Annotate
59

tyme some shipps then in the Downes did were anchor and gott
out of the Downes and some were driven in backe againe by
contrary wyndes aswell as the Anne and Elsabeth

Ad octavum pro parte sua nescit respondere saveinge hee saieth the arlate
interrogate Steevenson uppon or aboute the tyme interrogate to this examinats
did noe dept
nowe beste remembrance did ⁁ goe a shoare whileste the sayd
shippe laye wynde bounde in the Downes to buy provision for the said
shippe and beinge a shoare and the wynde comeinge then faire as
puttinge of from the shoare in the said shipps boate, the boate
was suncke hoice and weighed againe and afterwards the said
master comeinge on board they weighed anchor and departed
had sett sawe putt of the downes but were forced and driven backe againe
Company with whither shippe called the ringe with hee
contity wynes And but that was to his best remembrance uppon or
bounde for the Harbary by reason of the disasters aforesaid were for
aboute the tyme interrt the
to bee her and put in Portsmouth ut predeposion

Ad nonum respondet That one daye the interrogate shippe the Anne and
Elsabe in prosecucon of her intended voyage as much and as
passinge throughe Dover roade
speedelye as wynde and weather would permitt a certaine shippe
called the Cer then rideinge at Anchor there did weighe
Anchor and sett saile thereinge therehence towards the Weste
Indie and beinge of bigger burthen and better shippe then
the Anne and Elsabeth was and thereby letter able to ende the
sea and alsoe of better saile then the Anne and Elsabeth did
gett awaye an when the Anne and Elsabeth was fainte to returne
backe into the Downes againe the wynde beinge not faire at aliter
quam prius ad qua se refert nescit /

Ad decimum pro parte sua nescit respondere aliter quam predeposuit ut dicit, saveinge
hee saieth the master was many tymes a shoare but not when the wynde came faire or

Ad undecimum refert se ad predepoita et aliter nescit sible to carry the said shippe out
of the Downes

Ad duodecimum nescit respondere aliter quam predeposuit ut dicit/
whileste they were in the dowages wynde bounde

Ad 13 respondet That one daye ⁁ the master beinge a shoare and
someinge to prove
the wynde comeinge fayre the interrogate Collins did desire the
masters Mate to send the shallopp for the master, and to gett and
anchor aboard, and weigh the other and to sett saile and true of
they could gett awaye whereuppon the said Masters Mate did send
the shallopp for the said master whoe presentlye came aboard and
desired them to make all the haste and speede they could to sett
saile and begon tellinge them that hee muste needes goe a shoare
againe but withall that they should not staye for him for that hee
would
well ⁁ quicklye over take them againe and then hee carried a shoares
him
in the skiffe or boate
his sworde with him and willed those in then the state which brought
aboard to staye there till hee came aboard in againe Al aliter nescit /

Ad quartodecimum respondet That the foresaid Strate was in the boate when
the master was sent for aboard as aforesaid and the late Collins and
others of the said shipps Company did entreate and desire him to come
out of the said boate and would have had him to have comen aboard
the
~~~
HCA 13/57 f.59v Annotate

or the said shipp at he is an or within hee
perswaded heere, but would and did continued saile in the said
are and one me
Companye that went a shoare with him carried theire swordes
longe with them into in the boate but nowe els to his knowledge
et aliter referend se ad predepoita nescit /

Ad quintodecimum refert se ad predepoita et aliter nescit saveinge hee saith
that the foresaid shippe of which the foresaid Harte was master
that went over the fflatts when the Anne and Elsabeth went
as aforesaid had bine
over (as hee heard) had bine at ffalmouth and was returned
whileste
backe into the Downes againe within the tyme the Anne and
Elsabeth was there./

Ad sextodecimum respondet That it was in the moneth of Aprill laste paste
to his beste remembrance, tempus aliter non recolit when the
interrogate damage happened to the interrogate shippe the Anne and
halfe a
Elsabeth and the wynde was faire that daye in and a nighte
but them foule
before that damage happened ⁁ and the cause or occasion of that
damage was as this examinate conceiveth longe of the foresaid Callins
the ffactor aforesaid whoe did advise and perswade them to
make all the saile they could doe to keepe Company with
the interrogate shippe the Exchange with which they had entered
and good likeinge
by into Corsershippe with the consent of the said Callin for the
voyage in question by and with the consent and good likeinge of the foresaid Callins

Ad 11 respondet That by reason of the disaster or damage which
befell the interrogate shippe aforesaid the said shippe for want of
wynde to carrye her in to Portsmouth where shee was repaired
and amended laye in the roade for the space of a weeke and
afterwards there and at the Cowes for the reasons before menconed
untill or aboute the 21th of Maye interrogate

Ad duodevicesimum salvis predepoitis pro parte sua nescit /

Ad undevicesimum pro parte sua nescit respondere./ 

Anne Norton
----
die pred./

Clements

2s

Johannes Steevens de Lymehouse in comitatu Middlesex nauta annos
agens 24 aut eo circiter testis in hac parte productus, iuratus et
examinatus deponit et dicit prout sequitur./

Ad prima prem prem in hac causa datus et admissa ex parte Chew
daye
deponit et dicit That hee doth not knowe what the said shippe
Anne and Elsabeth the voyage in question outwards bounde was
cleered here at the Customehouse London but saieth that after the
first sett saile outwards bounde from Lymehouse towards Craves
they neglected noe the pportunitye of wynde or weather that was
the purpose or turne to carry the said shippe downe which hee
knoweth to bee true being one of the Company that sailed in the said
shee came to the Cowes neere the Isle of wighte Al aliter nescit
~~~
HCA 13/57 f.60r Annotate
60

Ad secundu nescit deponere, saveinge hee saieth that a shippe of
mall burthen and dcase of water will warpe and turne done
downe the River of Thames when a greater shippe cannott budge
and soe much hee beleeveth is well knowen to good intigators
and there was a shippe (but her name hee remembreth not of
which one Brooke was master) that should have gone alonge in
Company with the arlate shippe the Anne and Elsabeth the
voyage in question that beinge lesser and not a draweinge lesse
water then the Anne and Elsabeth did that as hee hath heard
and beleeveth did waye and turne downe the River to Gravesend
and afterwards gott into the Downes before the Anne and Elsabeth
came theither

Ad tertium deponit et dicit That after the arlate shippe came and
arrived at Gravesend arlate shee they neglected noe apportunitye
of the wynde or weather but with the firste ffaire wynde or
and weather that served soe to doe they did sett saile and for
the Downes and sailed as directlye theither as they could And
this hee affirmeth uppon his oath to bee true reddens racoem
scien sua ut supra et aliter nescit /

Ad quartum deponit et dicit That uppon theire arrivall in the Downes
arlate they came to an anchor there by and with the consent of one
master Collis the merchants ffactor aboard and there put
theire pilott aboard one of his Majesties shipps and then the master
alsoe with the consent of the said Collins went a shoare aboute
some busines of the shipps concerneinge the voyage and withall as hee
heard to deliver a letter there ⁁ And this hee affirmeth uppon his
oath to bee true reddens racoem scien sua ut supra et aliter nescit /
had
saveinge that the master and when hee dispatch his busines a shoare
comeinge aboard againe the shipps boate was suncke in puttinge
of from the shoare twoe whereby they were enforced nighte comeinge
on to staye ashoare all that nighte but the next morneinge very
enlye as soone of possible they could the master with the said boate
at which tyme
did come aboard againe and then the wynde beinge contrary they
could not budge but were fainte to staye there for a faire wynde

Ad quintum deponit et dicit That after they came to an anchorage
in the Downes aforesaid they neglected noe opportunitye of wynde or
weather whereby to have gotten out of the Downes or but did use
all the skill and industrye they could to proceede uppon theire
intended voyage at aliter salvis predepoits nescit saveinge that
one daye whileste one Mr Streete was a shoare one of the
Companyes ffactors was a shoare the wynde seemed to beinge likelye to
and ved faire to have carried the said shippe out of the
Downes the master and Companye would have weighed anchor and
have bin gon but them the foresaid Hillins would not suffer them
soe to doe but caused them to staye untill the said streete came
reason she went of meanes use the but longe were abord
aboard and whoe hee came abord the wynde came contrary againe
and enforced them backe into the Downes againe
~~~
HCA 13/57 f.60v Annotate

Ad sextum et reason
the tyme of theire tooke arivall in the Downes xxx unto the
one of her last departure hence which hee were
they foresaid Ans they were fainte to bore upp to and returne
backe into the Downes againe after they had put therehence
which happened but
was
by contrary and tempestuous weather ⁁ the said Collins beinge firste
reate of
reason
acquainted therewith and gave his consent there. And this hee
affirmeth uppon his oath to bee true reddens racoem scien sua.
ut supra et aliter nescit /

Ad septimum deponit et dicit That the laste tyme they departed and
sett saile from the Downes aforesaid outwards bounde, the voyage in
question neere Beacque arlate the foremaste and boult spritt of
the said was in a storme and tempeste blowne and broake
awaye in soe much that they were forced to put into Portsmouth
to amende and repaire theire shippe againe and to fitt her to sea
without which shee could not have further proceeded uppon the said
voyage And this hee affirmeth uppon his oath to bee true At
nescit
et nonum

Ad octavum deponit et dicit That the master and Company of the
said shippe whereof hee was one soe soone as the said shippe
was repaired and amended of the damage which shee had
sustained as aforesaid, were all readye and willinge to have
proceeded on her intended voyage and prepared and fitted soe to
have done untill the said shipp comeinge to the Cowes the arlate
Collins told them that the said shippe was to saile to
Sallye and to such other places thereabouts as hee should please
to appointe whereuppon nyne or tenn of the said shipps
Company whereof this examinate was one knoweinge the dannger of
that place and beinge not shipp for that place refused to goe
any further in the said shippe but did there forsake and leave
her which which meanes the master of her was forced and did in
upp to London to hee newe men in theire womes, And this hee
affirmeth uppon his oath to bee true Al aliter nescit /

Ad decimum refert se ad predepoita et aliter nescit saveinge hee conceiveth the
master of the said shippe did use all expedicon that mighte to
in hireinge men as aforesaid and afterwards in prosecon of the
voyage.

Ad undecimum salvis p dep predepoitis nescit saveinge that the arlate
Collins and Streete did goe out in the said shippe the And
and Elsabeth the voyage in question and were generallye accounte
reputed and taken to bee the Companyes ffactors that had
fraighted the said shippe for that voyage

Ad 12 deponit et dicit That hee knewe the arlate Steene
the
~~~
HCA 13/57 f.61r Annotate [CHECKED]
21

the space of above these six yeares laste before his death and hee
never heard or knewe any thinge to the contrary but that hee was
generally accounted reputed and taken to bee an honeste carefull and
industrious man in his callinge and for all the tyme that
hee this examinate did belonge to the said shippe hee was as carefull
and dilligente in pursuite of the voyage as any man could bee
consideringe the uncertaintye of the weather And this hee affirmeth
uppon his oath to bee true At aliter nescit. /

Ad ultimum dicit predepoita proper eu esse vera./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet negative saveinge that hee expecteth to receive
wages for the tyme hee served in the said shippe but of whome hee
knoweth not yet the master that hired him beinge deade./

Ad secundum respondet That hee cometh to bee a witnes in this cause at
the requeste of one of the shipps Companye that proceeded in
the said shippe the voyage in question, sed equa favet partibus
litigan et optat victoria ius haben./

Ad tertium pro parte sua nescit respondere aliter quam prius./

Ad quartum nescit saveinge that the interrogate Brookes his shippe and the
Anne and Elsabeth laye togeather at Deptforde in the River of
Thames outwards bounde by the space of 2 or three dayes

Ad quintum salvis predepoitis pro parte sua nescit respondere/

Ad sextum respondet That hee doth not remember nowe what daye it was
when they passed over the flatts aforesaid but saieth that it was to his
nowe beste remembrance in ffebruary laste was twelve monethes and
aboute 12 or 13 dayes after theire departure from Deptforde and
not sooner the wynde beinge till then contrary, and then the wynde
and weather beinge faire enoughe to carry them over the fflatts althought not faire
enoughe to carrye them out of the Downes
a shippe called the harte bounde for ffallmouth and certaine other
shippes that went over the fflatts at the same tyme when the Anne and Elsabeth and some of those
shipps stoode for the Westwarde and gott out of the Downes notwithstandinge
the wynde was some what againste them but some others aswell as the Anne and
Elsabeth stayed in the Downes and were afterwards stopped there by contrary
wyndes aswell as the Anne and Elsabeth was and this hee affirmeth
uppon his oath to bee true At aliter nescit /

Ad septimum respondet That the wynde was not faire but catchinge for all
the tyme interrogate and never certaine for twoe howers togeather to this
respondents remembrance. Et aliter nescit. /

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

Ad nonum respondet That the interrogate shippe the Cesar did sett saile
out of the Downes before the Anne and Elsabeth and beinge a better
shippe and of better saile gott into Dover roade before the Anne
and Elsabeth came theither and laye at Anchor when the Anne
and Elsabeth came theither but within an hower after the Anne and Elsabeth came theither the Cesar weighed Anchor and they then saleinge both togeather
out of Dover roade aforesaid but the shippe the
(Cesar
~~~
HCA 13/57 f.61v Annotate [CHECKED]

Cesar out went the Anne and Elsabeth and gott the better of her
and went cleere awaye but whereas the wynde takeing the Anne
and Elsabeth shorte shee was driven to returne backe into the
Downes againe Al aliter referend se ad predepoita pro parte sua
nescit /

Ad undecimum pro parte sua nescit respondere, saveinge that dureinge the tyme
the said shippe laye wynde bounde in the Downes aforesaid the said
Steevenson did some tymes goe a shoare aboute one busines
or other some tymes to one place some tymes to another but did
not sTaye longe a shoare nor ever neglected any convenient tyme
to carry the said shippe out./

Ad undecimum pro parte sua nescit respondere saveinge
that when other shipps were stayed in the Downes for
a faire wynde did sett saile therehence the Anne and
Elsabeth had sett saile therehence alsoe but that they
stayed for the foresaid Mr Streete whoe was then a shoare by the consente of the
foresaid Collins then aboard but soe soone as the said Streete
came aboard they did sett saile therehence but were
fainte to returne backe againe theither by reason of contrary
wynde ut predeposuit/

Ad duodecimum salvis predepoitis nescit /

Ad tertio decimum respondet That one daye whileste they laye in the Downes wynd bounde the wynde beinge like to prove
faire and fittinge to carrye the said shippe out of the
Downes and the master at that tyme beinge a shoare the interrogate
Collins entreated the Nasters Mate to send for him to come aboard
and to weighe anchor and endeavor to bee gon whereuppon the
shallopp was sent to fetch the master aboard, and one Anchor
was fetcht aboard and the other a weighinge, and the Master
comeinge presentlye aboard in the shallopp the said Collins would
have had him presentlye to have bine gonn, whereto the said
master bidd his Company aboard make all the speede and haste
they could to bee gon sayeinge that hee had a little businesse to
doe a shoare and therefore muste needes goe a shoare againe
but would quicklye over take them if they did sett hee
and then the said master did goe a shoare againe in the shallopp
and carried a sworde alonge with him Al aliter nescit saveing
hee saieth the master did presentlye returne aboard againe

Ad quartodecimum nescit respondere aliter quam prius saveinge hee saieth the
hee beleeveth the foresaid Streete was in the shallopp when
the master came firste aboard and that hee went a shoare
againe with the said master in the said shallopp/

Ad quintodecimum te sua nescit respondere aliter quam prius saveinge hee
saieth the foresaid shippe the Harte bounde for fallmouth that
went over the fflatts at the same tyme when the Anne the
Elsabeth went over as hee heard had bine at ffallmouth and
~~~
HCA 13/57 f.62r Annotate [CHECKED]

returned backe againe into the Downes whileste the Anne and
Elsabeth laye there as aforesaid./

Ad duodevicesimum refert se ad predepoita et aliter nescit saveinge that the
Anne and Elsabeth the a little before shee loste her foremaste
and bolt spritt was a heade of the Exchange /

Ad septimodecimum nescit respondere aliter quam prius saveinge hee saieth that
after they had loste theire shipp foremaste and bolt spritt
aforesaid they put into Stokes bay where they laye for the space of
3 or 4 daies for a faire wynde to carrie the said shippe into
Portsmouth by the consente of Collins the principall ffactor and
afterwards at Portsmouth in fittinge amendinge and
repaireinge the said shippe and at the Cowes in pvideinge and
hireinge newe men they stayed untill or aboute the 21th of
Maye interrogate Al aliter nescit /

Ad duodevicesimum pro parte sua nescit respondere in respecte hee did not proceede
in the voyage in question

Ad undevicesimum pro parte sua for the reason afore racone pred nescit
respondere./

John Steevens [SIGNATURE, RH SIDE]
----
1o Maij 1641

Smallwoode contra navem the)
Susan at contra Clercke)
magister [?ensoni] Martyn ffishe)

1s

Rs. E. B.

Leonardus Scott de Hull in Comitatu [?Ebornai]
nauta annos agens 30 aut eo circiter testis in
hac parte productus, iuratus et examinatus deponit
et dicit prout sequitur videlicet /

Ad prima prem alluis ex parte Clercke et soc in hac causa datus
et admissa deponit et dicit That at severall tymes after the
arrivall of the arlate shippe the Susan (Richard Clarcke master) from sea the voyage
in question in the River of Thames there were safelye
delivered out of the said shippe and free of the tackle
thereof into one Mr ffurbancks lighters (leakange excepted)
for the use and accounte of the arlate Smallwoode to the
quantitye of 24 tonnes and three hogsheades of ffrench wyne
of the firste marcke in the margente, and five tonnes of the
like wyne of the second marcke in the margente to bee
carried on shoare and there delivered to the said Smallwoode
or his assignes, and those wynes by and with the consent by order
of the arlate Smallwoodes Cooper aboard the said
shippe whileste the said shippe was unladeinge were
delivered and put into the said ffrancks lighters that were to deliver belowe bridge and into none
other for that the said Cooper would not suffer them soe to bee
donne in respecte some of the other lighters were to goe above
bridge to deliver and hee desired the said Smallwoodes wynes should bee
~~~
HCA 13/57 f.62v Annotate [CHECKED]

delivered belowe bridge, And this hee affirmeth uppon his oath to bee
true hee beinge at the delivery of the said wynes and keeping
an accounte thereof and tooke notice at the delivery there of
what quantitye was each tyme delivered into each lighter of
aliter nescit. /

Ad secundum deponit et dicit That in the said shipps homewards
voyage from Burdeaux where they tooke in the foresaid wynes towards
this Porte of London where the same were delivered ut
predeposuit, there arose a very greate and violent storme
and tempeste, and such was the violence and extreamity
thereof that the said shippe and goodes and men in her
were in greate and apparent dannger of sinckinge and
perisheinge in the sea the said shippe shippinge soe much
water for the space of 24 howers togeather that they were upp
almoste to the Middle in water as they stoode uppon the
decks and the storme and tempeste continueinge in all
for the space of 8 or nyne dayes togeather dureinge all which
tyme they were nighte and daye fainte to keepe the pumpe
goeinge to free the said shippe and yet had enoughe to doe
to keepe her from founderinge in the sea And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad tertium deponit et dicit That by reason of the violence of the
said Storme and the continuence thereof the shippes
boate beinge uppon the decks the water came soe into the
said boate that they were fainte to cutt a hole in the said
boate to lett the water passe out of it and soe faste and
in such violent manner uppon the shipps decks that they
were fainte to beate out a board to lett out and give is
for the water, and the water which came soe violently and
the said shippe carried awaye fower hogsheades of beere and
water and other of the shipps provision, and one barrill of
tarr and some other things which laye uppon the said shipps deck
And this hee affirmeth uppon his oath to bee true At aliter nescit/

Ad quartum deponit That when the shippe the Susan sett saile
from Burdeaux aforesaid there came at the leaste sixteene
saile of other shipps therehence in Companye with her some
of which by reason of the violence and extreamitye of the
weather were caste awaye but the shippe the Susan (thanks [?be]
God) by the industry, care, and paines of the master and
Companye came safe with her ladeinge to London
predeposuit salvis predepoits, And this hee affirmeth
uppon his oath to bee true for that some of the Companys
of those shipp which suffered the voyage in question the
to London in other shipps that came therehence At aliter nescit

[?XXXXXXXXXXXXXXXX]

record [?XXXXX] per [?InterrXX]
~~~
HCA 13/57 f.63r Annotate
63

w

22º Aprilis 1641

Neptaine William a prius

Ad exam put in ffred
Quely, Thomam Bris et allicon
Georgius Clements et al
Band death./

George Starr parochia de Stepney
in Comitatu Middlesex nauta ad quinquagata annos
nauta testis in hac causa productus iuratus et
examinatus dicit et deponit prout sequitur videlicet./

Ad primum ponem dicto allegaconis ex parte Budd in hac causa datus et
admissa dicit et deponit That he this deponent was Cheife Masters mate
of and in the shippe the Anne and Elzabeth the voyage in question
And hee further sayeth That the arlate shippe the Anne and Elsabeth and
in the month of ffebruarie ano arlate was appointed for a voyage to be
made from this Port of London for Barbary and that in the said monethe
this deponentverily beleiveth
the arlate Oneby, Briggs and Company had laden on board the said shippe
all the goods they intended to lade for her outwards voyage, ffor that the
said shippe uppon the 8th day of the said monethe sayled downe to debtford
and there anchored with the winde at Nore Noreast and roade there
with the winde betweene the North and East till the 13th day being thursday
and sayled done to Blackwall with the winde at Nore, and
there the Pilot anchored, and that the winde continued betweene the
North and East till the 20th of the said monethe, And that then the said
shippe turned donne with the pounds at East to Woolwich, and there
anchored, That the rest of the winde being at Coast the said shippe
firmed downe to Carte, and three anchored that the xxijth day the
wynde being at South west shee eighed from thence and came downe to
gravesend and the Man, Wither the same day being Satterday ut dicit aliter
in All which hee sayeth the verlade on his oath is most true because hee tooke
a mornall of the whole proceeding of the said voyage aliter nescit deponere.

Ad secundum nescit deponit, That in the yeare and monethe arlate there was a
shippe called the [?XXXX] (John Brooke master) bound for the same
places that the Anne and Elsabeth was, and that both the said shippes did
([?XXXXX] daye in the said yeare and monthe roade at anchor in the River of
Thames never debtforde aliter pro parte sua dicit quod nescit deponere./

(Ad
~~~
HCA 13/57 f.63v Annotate

Ad tertium dicit quod refert se ad praedeposita proper eum prima posicon allegacon
quam predit esse vera aliter nescit deponere Saving that the arlate shipp
the William fell downe to downe to Gravesende with hee first appeare ut
when the tyme afore hee beinge of the leste draughte of were then the
une leaketh

Ad quartodecimum dicit et deponit, That uppon the saith day of the said Amitye of
ffername the shippe the Anne and Elsabeth was cleered at Gravesend
and Cant downe to the upper end of Tilley Hope and anchored there (being
lowe water) the winde being at East and at Midnight weyed and drave
downe to the Lower end of the Hope and there anchored being calme
ffor and did anchor the till high water the next day being the 25th daye
And that then she weighed anchor the winde being at East nore east and
larned downe as lowe as Lee and there anchored being low water That the
xxvijth of the said monethe she turned downe as lowe as the Breach in the
redd sand and there anchored and roade there all that night with the arlate
shippe the Hart in Company And that the next day videlicet the 28th: day of
the said monethe she weighed from thence and gott into the Downes that day
with the winde at Nore nor-west and cast anchor there, but the said shippe
the Hart stood to the westward and sayled away out of the Downes aliter pro parte
sua dicit nescit deponere, saving this deponent beleiveth that the
master: of the Anne and Elsabeth stayed in the Downes to taken in a man then
which he had shipped for the voyage and to take in fresh water/

Ad quintum dicit et deponit That uppon the 29th of ffebruary aforesaid the master
of the Anna and Elsabeth went on shoare the winde at Norwest and that
after hee was on shoare the winde blowed very hard so that he was forced
to hawle his boate on shoare uppon the beach and other boates that were
xxxxx shoare likewise and that the winde so Continued betweene the
Norewest and the Nor nor-west till the next day being Sunday the first of xxx
and that aboute 12 or 1 of the Clock the same day the master came on boarde
and left twoe of his men on shoare because they could not be founde
and that about Midnight the winde came to the Nore muche winde till the
morneing, and that then shee fetched an anchor on board (being the second
day of March) and that then the master went on shoare, and about 10 of the
Clock in the fore noone brought xxx twoe new men with him and all the
old
~~~
HCA 13/57 f.64r Annotate
64

old under and then weighed and her with the winde at the More more west
and that off of Dover the Anne and Elzabeth overtook Captaine Jordaine
founde for the peeces, and stayed by him for his Company an houre or
thereabout, That the which day being the third day of March the winde
came to the West went and that them (with the Consent use
this deponents precontest Joseph Collson the said shippe the Anne
and Elsabeth bore upp the belonge to the downe againe, ffore that he
sayed hee desired not to lye in these with Contrary windes at that tyme of
the yeares, and that at of the Clocke at night the said shippe was as high
as Hockstane, and then the winde came to the Nore, Norwest
whereuppon shee tacked about to the Westward againe, and that at 3 of
of marcke
the Cooke the which ⁁ follow hee being the haday in the morninge came
in sight of Calver Cliffe being of him her west were wett some and
leagues off and that them the pred Contrary and Came to the West
And he further sayeth That as the said Collons had not given his
Consent to beare upp the Hole, the shore by the next day the said
shipp might have gotten the Johe of Wight to ffreinde, All which hee
sayeth by vertue of his oath is most true aliter nescit deponere./

Ad 6 et 7 refert se ad praedeposita proper eum ex pred
prem a cred effecte. aliter nescit deponere.

Ad 25 day of March
arlate there was lett made and both reserted with one Captaine Browne
the Pinner abell the or
in the great (as hee nowe the wines would pve.

That the 6th day the made made to the Southwest, and to Contained till
1640
That
the 21th daye the ffryday aboute paste the Black in the mornents
of the same day the Mariner of the Clure and Elsabeth ared the shippe
and about by that more was under say bee and aboute 120 at soone was
aforesaid die and that they bounde were the South and at and in the
a fifteene Captaine Browne aforesaid owed upp the Anne and Elsaber
shee being betweene ffolkstone and Dover, and then shee bore upp her lade
to master Callins consent, and both went soe the downes togeather and
her whored aboute of in the asked one of the same day the winde at
Southwest aliter ppte sua dicit quod nescit deponere./

Ad octavum dicit et deponit That uppon the 29th day of March arlate divers
shippes
~~~
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shippes whereof some were the shipps went out of the Downes to
hee wounded at New or west, and that in the afternoone the winde
to the West and of More and what the said Captaine Browne and the said
Steevenson the master of the Ann and till have stayed behinde because
they did not like the weather ut dicit aliter nescit deponere./

Ad tertio decimum dicit et deponit That uppon the said 30th day of Marchant the articulate
State went on shoare with his shallopps goeing the winde being
and to the was gott tell wednesday the first of Aprill
Gouth weath were and came on board that might ut dicit aliter pro parte sua

Ad quod nescit deponere
be that at Malaam Saphin on uppon the said sent
of Aprill came which his Company to his shipps soe and went
himselfe into the shippe and ordered the men to stay behinde in the boate
with his
and tooke his owne sward to Carryon shoare ⁁ ut dicit aliter pro parte sua
dicit et nescit deponere

Ad primum redit et deponit That whilest the arlate Steevenson was ut 12
the reside and on board her the arlate Tollins did intreat him
not to goe on shoare againe but pred all voyage but that the said
Stevenson (notwithstanding) went on shoare with one Streete master
and that in Wm and contra bord that hight againe about 10 of the clock and
Georges order whoe went freely with him ut dicit aliter pro parte sua
dicit quod nescit deponere, and could not sawe the said Streete in the
Xxxxxxxxxxx all deponere Towne and That then the said William
Basked the said Colland whether the should weigh or not whoe answered
him that the dirst not give his Consent to weigh about the said
and hee were outhward where uppon the said shippe made still with the
said: Collis Consent, That the which day in the fore moore the said
hee came on board and there she weighted ut dicit aliter nescit /

Ad undecimum dicit et deponit that quod nescit deponere, saving that the
shippe the Tham to bee stayed some sould tyme of the Souts
fore and for the for Browne being Consented with him aliter nescit
Harte would did

Ad quartodecimum dicit et deponit That artins impossible That the articulate shipps
the Anne abee would be payred where hee was frein the
tyme articulate more dayes wcase shee hee had all necessaries hath
soe the repacon aliter nescit deponere.

Ad tertio decimum
~~~
HCA 13/57 f.65r Annotate

Ad quintodecimum dicit quod nescit deponere./

George Sturman [SIGNATURE, RH SIDE]

Ad Interrogatoria./ [CENTRE HEADING]

Ad primu non [?xxxx hxxxx] Rendentem

Ad secundum satisfactu est prius./

Ad tertium respondet qua refert se ad depone said allegacon in hac credit
et admis facta qua credit esse vera aliter nescit deponere respondere.

Ad quartum respondet That the Anne and Elsabeth was about 150tie tonns
but of what burthen the William was this Respondent knoweth not aliter
nescit respondere, saving that some greater some lesser shipps will sayle
better then other./

Ad 5. 6. 7. 8. et nonum respondet quod refert se ad depoita proper eum allum et supra.
aliter nescit respondere.

Ad decimum respondet That the Anne and Elizabeth did putt out to sea eight
times after the 4th of March and was still driven back againe
and forced to come to an anchor. aliter nescit repre.

Ad undecimum respondet That the Ann and Elsabeth in her outwards voyage mett within
great storme, whereby shee lost her foremast and bolspritt and was forced
to cutt away her anchor from the Bowe for safeguard of shippe and
merchants goods and thereby was made unfitt for [?service] and forced to
putt into Portsmouth to bee repaired with Mr Collins consent, And that
the master and Company after shee was repayred lost no tyme/

Ad duodecimum respondet That 9 of the interrogate shipps Company left the said
shipp at Portsmouth by occasion that the interrogate Collins to
them that the said shippe was to goe for Sally.
where uppon the master of the Anne and Elsabeth was forced to goe to
London to finde more men to carry his sayd shippe downe thither
aliter nescit respondere./

George Sturman [SIGNATURE, RH SIDE]
----
X Maij 1641:

Johannis Nicholas de ffrancque
cxx Wxxxx Bowden
contra Buldd Smith

Adrianusus Henrix Civitats London
Mercator etats 52: annorum aut eo Circiter
testis in hac causa productus iuratus et examinatus dicit
et deponit prout sequitur videlicet./

(Ad
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Ad primum ponem allegaconis ex parte Martyn in hac causa datus et admissa
dicit et deponit, That he this deponent was saylemaker and went in the
arlate shippe ye Plough the voyage in question, And he further sayeth, That the
producent to this deponents sight and knowledge did sell dispose of the arlate
9 pipes of Canary wines at Newfoundlande to Sir David Kirck the
Governoure there but at what rates this deponent sayeth hee knoweth not, but
beleiveth it with for that benefitt and advantage of the arlate Henly and for his use
ad pro parte sua dicit quod nescit deponere./

Ad secundum dicit et deponit That the producent did come very late in the yeares videlicet
about the 29th of July) to the Newfoundlande and Could not there (to
this deponent knowledge) make sale of the pipe of Aquavite articulate for
any valewable Consideracon or price by reason whereof he was constrained to
carry back the same in the said: shippe, And he further sayeth that the said
shippe the Plough in her Course from the Newfoundland towards Allecant
did meete with tempestuous weather and Contrarie windes, and there by was forced
uppon the Quoast of Barbary, and that in her passage to and againe
about halfe of the said pipe of aquavite was leaked unto partly by reason of
the insufficiencie of the Caske it being in an old wine vessell and partly by
the rowlinge and workeing of the shippe in the said tempestuous weather
ut dicit All which hee sayeth by vertue of his oath is most true. aliter
pro parte sua dicit quod nescit deponere./

Ad tertium dicit et deponit That Allecant articulate is a place where Aquavita
is little worth to be sold because there is much there bought. And he
further sayeth That the articulate shippe the Plough was very leaky both
before and at the tyme of the arrivall upon the Quoast of Barbary
by reason of the said tempestious weather and that the said Middleton did
the most of the tyme that he continued uppon the said Quoast did imploy
himselfe in getting his sayd shippe repayred and stopping the leake and [?XXXXXX]
that in regarde hee could not dispose of the arlate pipe of agquavita
there himselfe (because he was bounde for Allegant) hee delived the said
pipe of aqua vita (as it was much leaked out) aboard a shippe of London
(whereof the articulate Tillott was master) as is articulate and putt ffrancis
Arnold (one of the said shipps Company) in trust to dispose thereof to the best
use and benefitt of the said George Henly and for his accompt all which this deponent sayeth
he knoweth to bee true. aliter nescit deponere.

(Ad
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67

Ad quartum dicit et deponit That nescit deponere of the said

Ad 5 dicit et deponit within lesse then a dayes after the arlate shippe the
Plough departed from the Newfounde lande for Allegant there happened
an extreame tempest and storme which Continued aboute 7 dayes and nights in very violent
manner that the waves of the soe did often beate over the said shippes hatches
and rann downe into her hould and the foresayle of the said shippe was blowne away
by extreamity thereof, And he further sayeth that it is very true that the
producent was inforced for the preservacon and safeguard of his shippe and
ladeing and mens lives) to heave over board divers butts and Caskes of
water and other wooden vessells and a great deale of fyer wood, And hee
further sayeth That after the shippe the Plough had sayled some
300 leagues from Newfoundland towards Allegant there happened
allso another storme very extreame which [?dXXXX] aboute 2 dayes and night (as
is aarticulate) by the violence whereof the mayne sayle of the said shippe
was rent and torne away, and that the seas came over the hatches of the
aforesaid shippe in suche abundance that the whole shippes Company were
much amazed thereat and were in very great danger of perishing and
being cast away all which hee sayeth by vertue of his oath is most true
aliter nescit deponere./

Ad sextum dicit et deponit, That by reason of the salt water that ran downe
into the hould of the said shippe the Plough much of her lading of ffishe
was rotted and putrified and unfitt to be eaten in regard whereof and
because it should not spoyle and damnifie the rest the producent and Company
in their passage from Newfoundlande towards Allecant, and after they
came there did throwe overboard into the sea a great quantitie of the said
shippes ladeing of ffish, but howe many kintalls this deponent sayeth
he knoweth not aliter pro parte sua dicit quod nescit deponere./

Ad septimum dicit et deponit, That the producent
(whilest the articulate shippe the Plough was at
Newfoundland and in her passage from thence to Allecant and from thence to
London being out the least by the space of 10 monethes) did make 4 ffishe
dayes every weeke sometimes five some tymes 6 and that by that means did
(in this deponents Judgement) spend 40 quintalls of her lading of fishe or thereabouts
necessariely:
~~~
HCA 13/57 f.67v Annotate [CHECKED]

necessariely (being fish laden for the accompt of the articulate Henly
as this deponent beleiveth aliter al humoi ponem dicit quod pro parte sua
nescit deponere

Ad octavum dicit et deponit That so soone of the producent came to
Allecant the voyage in question he made Consulado theare and (as
this deponent hath heard and verily beleiveth) and examined wittnes
And this deponent rendereth a reason of his deposition or belief
heerin ffor that he was then on shoare to have beene examined
and sawe the said Consulado aliter pro parte sua dicit quod nescit deponere./

Ad nonum et decium dicit et deponent That the producent (after hee arrived with his
shippe the Plough in the Roade of Allecant) did there deliver on
shoare unto the arlate Dr Lewes Nietto or unto his Assignes
1849: kintalls of fish to this deponents sight and knowledge (he
having the Charge of the deliverie thereof) for the receipt
whereof this deponent is very beleiving that the said Dr Nietto
did (as in truth he ought) make an acknowledgement under his hand
And he further sayeth That the said Dr Nietto did suffer 300 kintalls
of thee said fish or thereabouts at the first comeing on shoare to lye upon the Mould without the
gates of Allecant for 48 houres togeather or muche thereabouts
and tooke not the same into his possession during the said tyme which
fishe the Company of the Plough aforesaid were forced to watch and
did watch and guard at theire owne costs and Charges dureing all
the said tyme notwithstandig which watch and warde muche of the said fish was stollen and taken away ut dicit aliter scit deponere.
 
Ad decimum dicit deponent, That this deponent hath divers
tymes traviled towards the parts of Allecant and other ports there adiacent
before this voyage in question and sayeth that he knoweth that
notwithstanding the best endeavours that have beene or are daylie used
there is a great lost of fish at the tyme of the discharge of shipps
ladeing there 
by reason of pickeroons
souldiers and boatemen but to what quantitie this deponent knoweth not
nor what merchants allowed uppon eny hundred untill et dicit
aliter nescit deponere./

Ad
~~~
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68

Ad 12 dicit quod nescit deponere./

Ad quartodecimum dicit et deponit That the liquorice laden board the arlate shippe
the Plough was imployed for denidge and was layed under the said shipps
lading and likewise layd to keepe some part of her ladeing from the
said shipps sides which liquorice this deponent sayeth hee beleiveth the
producent bought because it was uppon his accompt, And it tooke upp in
none to hinder the stowage of other goods in the said shippe, And her
further sayeth that muche of the shipps ladeing was thereby preserved
from damage, but that the said Liquorice was not spoyled and not
saleable at last not above to a halfe part thereof as hee verily beleiveth
aliter nescit deponere./

Ad quartodecimum dicit et deponit That in the tyme that the arlate shippe the
Plough was at Allecant the voyage in prestion her victualls and provision
were never spent and that the said producent made the same knowne to
Dr Lewis Nietto desireinge monyes of him to buy victuall for the said
shipp provision, But uppon the said did refusall (as this deponent conceiveth)
the producent was constrained to sell and did sell the quantitie of one
served kintalls of the said shipps ladeing of ffishe or thereabouts to
or head beefe beere the provision for the said shipps Company
whilest shee stayed at Allecant or for the returne home ut dicit
Anth hee sayeth by vertue of his oath because true. aliter nescit
depender.

Ad quintodecimum dicit quod pro parte sua nescit deponere./

Ad undecimum et deponit that said shipp the Plough arlate was
put uppon the generon or of the servacon of the said Henly by the
space of 20 monthes and nutts and fore soe many monethes the
ape
of 150
or were and abateing halfe on the ut dicit aliter nescit/
hould it in person
Allen die predepoita proper eum esse vera./

Wigh Waller [SIGNATURE, RH SIDE]

side sup allegacon th parte Marten doe so datus videlicet
ead die.

Ad primum ponem dicto allegacons dicit et deponit That
soe
when the to a petion was caryed on shoare from on board
the
a and Pd

Peter Wilson
Whe Wm
~~~
HCA 13/57 f.68v Annotate

the arlate shippe the Plough to bee delivered into the warehouse as
Allecant the articulate Pedro Bridges servant to the said Dr Lewis Nietto
did cast she and refused to weigh (at least weighed not) to the combe
quantitie of wi thousand fish or thereabouts being cotton and merchantall
is by reason of the withat had received in the tempestuous weather aforesaid
ffor the receipt of which shee soe laye after this deponent beleiveth
the articulate Dr White, neither gave one had reason to have any receipt

Ad dicit quod nescit deponere saveing that the refuse fishe aarticulate was and
night of the aarticulate 1649 untill of his for which the said did give a
receipt ut dicit aliter nescit depone./

Ad secundum dicit et deponit That every hindred and tenn of the first arlate
one amongst the other doe usually make a kintall, and that the quantitie of
fish and not able cast side by the aforesaid Best did
containe in this deponents Judgement) to this number or quantitee of
a kintall at least aliter nescit depoite

Hugh Waller

Idem ad Interrogatoria./

Ad primum respondet That comes to be examined that the request of
the producent, To the seised and expected with with therefore that
the equally favoureth the parties litigant and wisheth the victory the
to him that hath right

Ad secundum respondet quod refert se ad predepoita proper eum allegacon pred soe
credit esse vera aliter nescit respondere.

Ad tertium respondet refert se ad praedeposita proper eum allegaconly nescit
respondere

Ad ultimum dicit quod neit esse at aliter nescit deponere.
Saveing That there was a quantitie of salte laden on board the
interrogate shippe the Plough to bee transported in her from Dublin
ffleete to Newfoundland which salt the quantitie whereof his Come
certainly
sayeth he knoweth not) was there sould by the a producent for the
use and hee first of the in Porte Henly ut credit aliter nescit respondere./

Ad quartum pro parte sua nescit respondere./

Ad sextum respondet et Credit, That the interrogate Middleton the voyage
question transported in the interrogate shippe for his owne and the said
his frends as this Respondent beleiveth a Certaine either of fish
Newfound land to Allecant, but hee which this Respondent knoweth not alsoe
parte sua dicit quod nescit respondere./
To
verse
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Ad octavum dicit et deponit, That within the tyme in articulate the weather was
thick and foggie by reason where of the shipps articulate were parted
(as hee conceiveth) And hee further sayeth that within a day or two
after the articulate shippe the Jane Ann Judith came uppon the Quoast of
Wales where shee was cast away all but dicit aliter nescit deponere./

Ad nonum dicit et deponit, That after the articulate shippe the Jane Ann Judith
came uppon the Quoast of Wales as is articulate she strooke uppon
something but whether uppon a rock or uppon the sands this
deponent knoweth not and therby grew leaky where uppon shee
was brought (by the said Bundock and Company) to an anchor and part of
the silver in her was heaved into the said shippes boates and then the Cable
whereby the said shippe roade was cutt by the order of the said Bundock
and the said shippe forsaken ut dicit aliter nescit deponere./

Ad decimum dicit et deponit That after the articulate Bundocke and Company
had cutt the Cable of them articulate shippe the Jane Ann Judith
the said shippe drove on shoare and there lay xxxxx the next day
the water beinge floated from her and lay xxxxx by the space of 3
houres or thereabouts during which tyme of her soe lying dry some of
the said Bundocks Company (whereof this deponent was one) went on board
her and did unlade all the monyes they could finde in her aliter pro
parte sua dicit quod nescit deponere./

Ad undecimum pro parte sua nescit deponere to qua predeposuit./

Ad duodecimum dicit et deponit That after the said monyes were saved into
of the Jane Anne Judith as is predeposed the said monyes were safely
carryed to Bristoll to this deponents sight and knowledge Et aliter pro parte
sua dicit quod nescit deponere.

Ad tertio decimum pro parte sua dicit quod nescit deponere saving that the said Bundocke
tooke in the loose mony hee could gett and finde into his Custody

Ad quartodecimum dicit et deponit, That the arlate Bundock did cause diverse of the
Company (whome he suspected to be searched within a short tyme after they
came on shoare and took from them all such monyes as he could finde
about them and take into his Custody and loose money or Spanish monye
to a good quantity this deponent beleeveth but how much this deponent
sayeth he knoweth not. aliter nescit deponere.

Ad quintodecimum
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hath beene Company to 3 or 4. shippes the yeare articulate that had xx not
leakedge above 12 in the hundred aliter pro parte sua dicit quod nescit depone

Ad undecimum dicit et deponit That the 125 pipes of were laden on board the
arlate shippe the Charles for the accompt of the said Jeremy Loveland
and Robte Brittaine at the tyme of the deliver of the same) out the
said shippe at this port of London) did not in abord the number of
pipes fellowes that the said Jeremy Loveland and Robert Brittaine
wanted of their said in the ordinary leakage vallewed and deducted the
number or quantitie of pipes of wine which this deponent sayeth
he knoweth to bee true being imployed as wine Cooper about the same and
haveing taken notice thereof in his booke aliter nescit deponere./

Ad duodecimum dicit et deponit That good Canary wines suche as were brought
home in the articulate shippe the Charles for the articulate Loveland and
Brittaine were the yeare articulate) and nowe are) worth to bee soulde the
some of 18li per pipe and after that rate this deponent saile some pipes
of the said Canary wines, which hee bought of the aforesaid John Brittaine
ut dicit, By reson whereof the articulate receive Loveland and the said Robt
and dammage
Brittaine have suffered laste in the want of his wines drawne into and
not delivered unto him (as this deponent beleiveth to the some of 200£
lawfull mony of England or thereabouts. aliter nescit deponere.

Ad tertio decimum dicit quod nescit deponere./

Ad quartodecimum dicit et deponit, That after the arrivall of the articulate shippe the
Charles to this port of London this deponent amongst other wine Coopers
was imployed to view the said wines Comerin their leakage And the
further sayeth That those pipes of wines that by in the upper most tier
in the hould of the said shippe and betweene decks where the mariners
could come at them were some Coast into one halfe unto, but that the
pipes which lay in the grounde tier of the said shippe where the Mariners
Could not come at them were better condiconed and of farr lesse
Leakage the the other were to this deponents sight and knowledge aliter
nescit deponere.

Ad quintodecimum dicit et deponit: That the articulate pipes and Caskes out of
which the wines aforesaid was missinge were filled upp againe with wine
after their ladeing and that most of them were light and staunche
and hold and Contined the said wines went lading of them and that in
many of the said pipes or Caskes there was no insufficience that will
occasion were then ordinary leakinge that this deponent did pceive aliter nescit deponere

Ad
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Ad primum secundum articulum et tertium arlum dicit quas pred allegaconis ex parte Smith hee
datus et admissum non exaiatr ex direccone producents./

Ad quintum ponem dicto allegaconis dicit et deponit That he this deponent as and
went in the articulate shippe the Mary Contance to New England the
voyage in question one of the Masters Mates, And he further sayeth
That after the arrivall of the said shippe there the Master and Company
of her did unlade out of the sayd shippe all the goods passengers and
merchandizes that were laden and putt on board her in the port of London
arlate and Caused them to be delivered unto the factors or assignes of the arlate
Hawkins and Tayler for their use and accompt other of the said shipp [?XXXXXX] to this deponents sight and knowledge, Saveinge onlye one
barrell of powder, which was then unknowne till after the said shippe had
put to Sea againe, All which hee sayeth by vertue of his oath he knoweth to be moste true
ffor that ship together sawe others of the Towne of Bostone in New England
(where the said shippe then roade) did [?searching] the said shippe afore and aft
with a Candle and found wnothing  there belonging to the aforesaid
Hawkins and Tayler or passengers. aliter nescit deponere.

Ad sextum et octavum non exaiatur ex direccone producents./

Ad nonum dicit et deponit, That the articulate shippe the Mary Constance
did fall downe from Woollwich and arrived and came downe to Gravesend
uppon the 27th day of July anno arlato in the morne as is arlate and
was not there discharged untill the 7th of August followinge at
night which this deponent likewise sayeth he knoweth to bee true aliter nescit

Ad decimum dicit et deponit, That it is xxxxxx That the articulate shipp
Mary Constance did arrive at the port of Boston in New England uppon
28th day of October 1640 articulate and was not cleared and discharged
from thence untill the fift day of November followeinge as is articulate
which this deponent knoweth to bee true by his Journall ut dicit aliter nescit deponere.

Ad and ex direccone producent./
et sched ad

Ad tertio decimum dicit et deponit quod nescit deponere./

Ad quartodecimum dicit deponit That he this deponent, did see the Boatswaine
of the articulate shippe the Mary Constance enter all her ladeing (as hee xxxx
in in) interrogate tooke before she departed from Gravesend, which booke the said.
Boatswayne
~~~
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74

Batson to this deponents knowledge Carryed an shoare, and (as he verily
beleeveth delivered the same unto this articulate Hawkins, And this deponent
sayeth that he hath heard the said Hawkins acknowledge that hee had
received the same aliter nescit deponere./

Ad duodecimum respondet quod refert se ad praedeposita proper eum parte poe allegaconis
humoi qua credit esse vera aliter nescit deponere./

Christopher milles

Sup reliquis non exam ex dicit ate producents.

Idem ad Interrogatoria.

Ad primu respondet, That he was a Masters mate of the shippe interrogate That
he hath received none of his wages, so that the master hath not received this
ffreight ut credit aliter nescit respondere./

Ad secundum respondet That hee cometh to his exaied in this Cause at the request
of the producent, Et quoad litigantes dicit per quod subi nor best neer pdept
querrium quent victoria sed optat said ius habentia

Ad tertium respondet et reddit That the shippe interrogate was of the burthen of
aboute parte tonn, Et aliter in predeposuit allegacon pro parte sua dicit et
qua nescit respondere.

Ad quartum pro parte sua dicit quod nescit respondere the goods soe sent on boarde being
in caske and saving, That some part of the said goods were refused to bee received
because the said shippe was full

Ad quintum respondet mris et prius aliter nescit respondere/

Ad sextum respondet et reddit That there was five bayles of Cloth and 5
barrells of tobaccoe had at boarde the in and 30tie firkins of butter belonging
to the producent laden a boarde the interrogate shippe the Mary Constance
besides the goods belonging to the said Hawkins and Tayler which were stowed in the
hould amongst the said shipps bulke ut dicit aliter nescit respondere./

Ad septimum dicit quod nescit respondere aliter referend se ad praedeposita sua allum et ad
is sua preden (qua credit esse vera saving that the said stayed at Gravesend
uppon the occasion of the arlate Hawkins and sayle

Ad octavum nescit depon respondere aliter qua referendo se ut supra.

Ad nonum nescit respondere aliter qua referendo se ut supra./

Ad decimum non conver at he condentem

Christopher ills

Ad
~~~
HCA 13/57 f.74v Annotate
[REQUIRES TRANSCRIPTION]
~~~
HCA 13/57 f.75r Annotate

75

Ad primu render or satisfactu et Et aliter respondet That in part of
his wages is ye payde, And hee beleiveth the reason to be ffor that some goods
are pretended to bee lost and the master hath not received all his freight ut dicit
aliter nescit respondere./

Ad secundum respondet, That he come to bee examined at the request of the producent
That it well aboute him whing howe the suite goe, That he wisheth the light
may take place. aliter nescit respondere./
et credit

Ad tertium respondet that the Mary Constance interrogate was of the burthen of 400£
tonns or thereabouts, That her might carryed the voyage in question) redder
uppon 400 tonns of goods, That shee carryed in her her full lading but for
whose accompt this Rendent sayeth hee certainely knoweth not but beleiveth
for the said Tayler and Hawkins ut credit, That shee had on board her about
soe passages aliter pro parte sua dicit quod nescit respondere./

Ad quartum respondet That at Gravesend there were dis goods as Bayles and
other goods to the quertie of about 40 tonns, taken on board the said shippe
the Mary Containe in soe many as shee could hould and the overplat was
refused because the said shippe was full ut dicit aliter nescit respondere./

Ad tertium respondet qua refert se ad tenoa sua ad preden interria qua credit et
vera aliter nescit respondere.

Ad sextum respondet That the interrogate shipp the voyage in question carryed in her
a Certaine quantitie of soape fourt and bayles of Cotton for the use and
accompt of the late mr Baddocke to the quantitie of aboute tonne ut cred
which were stowed in the said shipps houle amongst her other goods aliter nescit/
respondere

Ad primum non concerat his rendente

Ad octavum nescit respondere./

Ad tertium respondet qua refert se ad predepoita proper eum allegacon ex parte dit in
hac causa datus et admissa qua credit esse vera aliter nescit deponere saving that
a barrell of powder was brought back, but other is did or is ready to bee
did when it shalle required ut prest.

Ad ultimum in Comitt his Rendent
Henry Marines
~~~
HCA 13/57 f.75v Annotate

13º Maij 1645.

Craddock et socij contra)
Hunckins et Tayle)
Smith Yeo)

Willimus Steede parochia de Stepney in Comitatu Middlesex nauta
etats 38 annorum aut eo circiter testis in hac causa productus
et examinatus dicit et deponit prout sequitur videlicet.

Ad primu secundum secundum et quartum pones et allegaconis ex parte saith in hac causa datus et
admission exaiatr ex direccone producents./

Ad decimum ponem dicto allegaconis dicit et deponit That he his allepont went
Gunnes matter of and in the arlate shipp Mary Constaine the voyage
question, And he further sayeth That after the said shippe was safely
arrived at New England the master and Company of her did there unlade
out of her all the goods merchandizes and passengers that were laden and
putt on board her in the port of London (except and barrell of pounde with
was not knowne of the Comeing in of it and was then visite) All which
aforesaid goods merchandizes and passengers were delivered unto the ffactors
or Assignes of the arlate Hawkins and Tayler for their use and accompts
this deponent beleiveth in good condicon and free of the said shipp tooke
ut dicit, All which hee sayeth by vertue of his oath is most true. aliter nescit
deponere.

Ad 6. 7. et tertium non exaiatr ex direccone producent.

Ad quartum dicit et deponent That uppon the seaventh day of August
Anno pred towards night the arlate shippe the Mary Constaine dyed
and went away from Gravesend of her intended voyage, but at what the
tyme shee came to Gravesend before this deponent sayeth he knoweth
because hee was not then on board aliter nescit deponere./

Ad decimum dicit et deponent That the articulate shippe the Mary Contra
arrived at the port of Boston in New England muche about the 29th
of October and arlate and hee was there cleared and discharged of her said
about the fift of November followeing Company or noe bene reall
nescit deponere./

Ad 11. et duodecimum non exaiatr ex direccone producents.

Ad duodecimum ponem alluis him et sched in eadem menconat nescit deponere./

Ad quintum dicit et deponit That before the articulate shippe the the
departed from Gravesend outwards bound the boatswaine of the said
deponent
~~~
HCA 13/57 f.76r Annotate

76

sight and knowledge) did examinate into a booke her ladeing of goods brought
on board her in the port of London, which sayd booke hee this deponent hath
heard the articulate Huttons acknowledge hee had received from the said Boatson
before his goeing to sea and beleiveth hee still keepeth the same aliter nescit
deponere.

Ad quintodecimum dicit et deponent, That there was searche made on boarde the articulate
shippe the Mary Constance as is articulate from one and to the other and all
her ladeing was found out of her saveing the barrell of powder the
consente as aforesaid. Et aliter qua referend se ad praedeposita proper eum quinto pon
alluis qui dicit quod nescit deponere./

Sup reliquis non exaiatr ex direccone producents./

satisfacton et is Et ulter

willon sett

Idem ad Interrogatoria./

Ad primum respondet That he cometh to be and in this Cause at the request of
the producent That he hath not received any part of his wages but is in suite
for the same at the Giles all aliter nescit respondere/

Ad tertium respondet That he cometh to bee examined in this cause at the request of
the producent That it concerne not this Rendent hom this cause goeth That he
favoureth the truth of the cause aliter nescit respondere./

Ad tertium respondet et Credit That the Mary Constance interrogate was of the
burthen of 30ty tonns or thereabouts, And that the voyage in question
there were laden on board her by the said Tayler and Hawkins xxx ut credit)
her full ladeing of goods and water and about goe passengers hee quoad reteene
in her her nor at that

Ad quartum respondet et Credit That all the passengers aforesaid were received into the
interrogate shippe at Batested aliter pro parte sua dicit quod nescit respondere

Ad quintum nescit respondere./

Ad sextum nescit respondere./

Ad septimum non concernt at respondet

Ad tertium nescit respondere./

Ad tertium nescit respondere./

Ad decimum non Conent his Rondentem./

William Skett
God
~~~
HCA 13/57 f.76v Annotate

Eadem die.

Araddocke for contra)
Hawkins Wye)
Smith Yeo)

Andrewes Johnson parochia de Stepney in Xomitatu Middlesex nauta
etats quarr) triquit annor testis in hac causa productus iuratus et
datus dicit et deponit prout sequitur videlicet.

Ad primu 2. 3. et quartum ponem allegaconis the parte saith in hac causa die
admissa non exaiatur ex direccone producents. /

Ad quintum ponem dicto allegaconis dicit et deponit That he this deponent went
Boone of and in the articulate shippe the Mary Constance the voyage in
question, And further sayeth That when the articulate shippe the Mary
Constaine was arrived at New England aforesaid the master and Company of
her did there unlade all her goods merchandizes and passengers which had
beene laden and putt on board her in this port of London and delived or cause
them to be delivered unto the ffactors or Assignes of the arlate Hawkes
and Tayler soe the use and accounts as hee beleiveth) cleere of the tackle
of the said shippe and well condiconed, Saving and barrells of powder
which was in the said shippe then unseene and unknowne of ut dicit
All which hee sayeth by vertue of his oath is most true aliter nescit deponere

Ad 6. 7. et tertium non exaiatr ex direccone producents./

Ad tertium dicit et deponit, That the articulate shippe the Mary Constance
arrived at Gravesend outwards bound muche about the tyme articulate
ande (tempus aliter non bee recolit) and departed thence uppon the
17th of August in arlate towards night ut dicit aliter nescit.

Ad decimum dicit et deponit, That the articulate shippe the Mary Constance
arrived at the port of Boston in New England, uppon the 27th hee
of Octob Anne arlate, and was not there cleered from then arlate
Taylor and Hawking goods untill the said first of November fough
All which this deponent sayeth hee findeth to bee true by his Journall aliter
nescit deponere./

Ad 11 et 12 non exaiatur ex direccone producents./

Ad tertio decimum prem dicto allegaconis et sched in ead nee at dicit et

Ad quartodecimum dicit quod nescit deponere.

Ad quintodecimum dicit et deponent, That the articulate shippe the Mary Cason
Norton
remayneing at New England was searched by the said Castle
whoe
~~~
HCA 13/57 f.77r Annotate

and ther aforesaid barrell of
powder
whoe for That other goods went out of her saven one bayle
said bayles
which the master detayned for demorage or priving, but delived them unto
the said Bast eight the same day the said shippes departed thence. aliter nescit
deponere.

Ad reliquis part ex dicit et direccone producents/

Ander Johnson

John ad Interrogatoria

Ad primu satisfacta et prius Et ultimum respondet That he hath received in
parte of his wages, but is in sent for the same at the Gyle sall, That the
received
master deliveth the wages arlate ffrench at hee pretendeth hee hath not all his
freight al nescit respondere.

Ad secundum respondet quod That he cometh to bee examined in this cause at the request
of the producent, That the sent interrt will neither and fitt nor damage this
Rondet nowe it goe, That he and fferently falloweth the parties aliter nescit/
old

Ad tertium respondet et Credit That the interrogate shippe the Mary Constance
full
was of the burthen of neere about 400 tonnes and that shee had hee ⁁ ladeing
xxxxxx
Wollway and Gravesend
and from this Port of London, and poe passengers and upwards. That the
departed from the said: port of Lington uppon the 11th day of July annor
1640 and arrived at Gravession about tenn dayes after ut dicit aliter nescit/
deponere

Ad septimum respondet That the passanes aforesaid were received in some at
Gravested and some in the Downes aliter nescit respondere

Ad secundum nescit respondere./

Ad sextum non concernit it rondente

Ad secundum nescit respondere./

Ad octavum nescit respondere.

Ad tertium nescit respondere./

Ad 13 non concernt him content

And Johnson
----
1o Maij 1647

hee
1

Daniel Vassetion Insula Saint Christopher sub ditione
herein Regis Anglia generosus 37 annorum aut eo circiter testis in hac causa
productu it et depoit dicit et deponit prout sequitur videlicet/

Ad primum 2. 3. 4. 6. 7. et quintum. Et ex parte but in hac causa datus et admisse contra
hat ex direccone producents.

Ad
~~~
HCA 13/57 f.77v Annotate

et sched in eadem menconat

Ad arte dicti libelli dicit et deponit That after the articulate shipp
the Algall prived at Saint Christophers the tyme articulate the said Clarke
being consigned, and reared this deponents house scituate in the said shipp
freind of
and saveing heard that this deponent was an acquaintance of the said fishe
decead, and alsoe knoweth that the said drends goods were consigned to him of
to this deponent came unto this deponents house and told him that there
was affende of his dead in the said shippe (or used wordes to that effection
and desired the depon to goe on board her the said shippe and to take notice of
what goods were there belonging to Cham Jeffernes xxxxx which this examinat
(togeather with a neere utter of her) did accordingly and tooke a note of
all such goods as the arlate Custon shewed in this deponent (which coppie
of the said goods this deponent sayeth he hath lest in Ireland) and cannot
remember the places there soe, but beleiveth according to his besteing
to bee
that they had vallewed at about 30li lawfull mony of England or three
part of which goods this deponent sayeth the articulate Canston mised the
deponent, that he had have but that he hath of then required them, but could
not oblande them aliter ad humoi ponem dicit quod nescit deponere./

Ad undecimum dicit et deponit That true it, 3 shott at such tyme as this
viewed
deponent went and being to the said goodson heard the articulate shippe the
Abignell (as to the next predent article is predeposed) the said goods wares and
merchandizes so shewed unto him were in safely on board the said shippe
and eight have beene safely declared out of her before her casting any
some part of which goods (beinge in safety in the said shippe as aforesaid this
after
deponent sayeth hee demannd of the said Carston, which hee might have delivered
deserved to doe and did there. And this hee sayeth by vertue of his
is most true aliter nescit deponere.

Ad duodecimum dicit et deponit That after the if any of the articulate shipps
Abell as is articulate the said Canston came unto this deponents house and the
deponent, telling of him that he was forey for his losse in that his shippe
was cast away unce particulerly for the last that mr Joshee had
sustained as this deponent conceived) the said Cason the hee
Cley to Island at laste and had last that the
to that effection designe att that or fasterry hee goo aforesaid
on shoares or therabouts that was not in the arlate aliter nescit deponere/

Ad 3.
~~~
HCA 13/57 f.78r Annotate

78

Ad tertium arlum dicti libelli et sched in eadem menconat dicit quod nescit deponere/

Ad quartodecimum dicit qua refert se ad predepoita proper eum pum lilo et sched prd qua
credit esse vera aliter nescit deponere./

James Jefferson

Idem ad Interrogatoria/

Ad primu interrogate That the examty favoreth the parties quoad the liteing aliter
me

Ad secundum non concerne huic Respondent

Ad tertium respondet quod refert se ad depoita proper eum articulos libelli in hac causa datus et admissa
sup quitu est examinatu qua credit esse vera aliter nescit respondere./

Ad ultimum nescit respondere./

Dame Jeffersons
----
17º Maij 1641

Buck contra Browne)
yeo Smith)

Robtus Hunter parochiaa Sancti Bartholland prope
Regate cambum London Aring etats ra
annorum aut eo circiter testis in hac causa productus iuratus et
examinatus dicit et deponit prout sequitur videlicet.

Ad primu 2. 3. 4. 5. 6. 7. articulos all at ex parte
in
causa datus et admissum non examinatur ex direccone producents
the arlate

Ad octavum arlum dicti libelli dicit et deponit, That the Mackwell and board
Satood being resident at Venice did by bills of Exchange drawe and
Charge uppon this Examt and his Porter and prcontest William
on wood soe many xxx duretts as Came unto one hundred and seaven
pounds five shillinge ten pence and ordered them to pay the same to
the arlate Mich Smith Browne widowe or her Assignes, And that
this Examinat and his sayd partner did give order to their servant to pay her
said widdowe Browne which hee veriely beleiveth was accordingly done
ffor that their said servant brought them an accustance, wherunto the
s faith Browne name was subscribed, And he further sayeth that
aforesaid
the articulate Intered then all Interrand Venice did further Chartye uppon
this Examinat and hat sayed priver by bill of Exchange soe many dicts
Came unto one hundred and twelve pounds 60£ 2d. which they were
likewise assigned to paye to the said Judith Browne widowe And that he
ordered their said servant to pay the same accordingly which this deponent
verily
~~~
HCA 13/57 f.78v Annotate

verily beleiveth was so done, soe that he brought in acquittance for
Barly
the same with the name of the said widdowe Browne subscribed thereto.
for that this deponent knoweth to much payed by his said servant or
Castrooke. aliter nescit deponere./
S p reliquis non exat ex direccone producents.

Repetit cora doctor

Robert Austen
Clarcke./

recod primu 34 interrogate/
~~~
HCA 13/57 f.79r Annotate
R

79

8. May 1648

Note et socij contra)
master et alis)
in

the rest para Sancti Algar
Woodreete London Mercator annos agens
56 aut eo circiter testis se./

Ad septimum arlum alluis ex parte Alcore et soc in hac
parte datus et oblat dicit et deponit, That nescit./
deponere

Ad octavum nescit deponere Save that one Guppy
the Gonner of the articulate shippe the Corsett
tolde this examinate that hee with the consent
of the articulate B de Llentes did secretly
conveighe out of the said shippe since shee
arrived in this port of London Silver
dishes, and other plate to the value of about
two hundred poundes sterlinge, which were
not expressed in the bills of ladinge, but
to this day the said Supp hath not delivered
the said place to the said ffleetes nor
made any satisfaction for the same and
the fore hee beleeveth there is noe freight
paid for yt

Ad nonum nescit deponere./

Super reliquos articulos nescit deponere et
direccon

Idem Roger Killiert ad allu 14º Januarij

1640 datus examinatus./

Ad primum arlum dca alluis nescit deponere./

Ad secundum nescit deponere./

de Martyn

Ad interrogate./

Ad primum respondet That hee cometh to bee
examined beeing brought by a warrant of
this Court to that purpose, At aliter respondet
negae./

Ad respondet That hee referreth himselfe to
the bills of ladeing and aggreement exhibited
in this cause, At aliter respondet negaae/

Ad tertium respondet That fflowers the master of the said
shippe the Corsett did often confesse to this
rendent That the governor of the Barnhe
Islande did make an aggreement betweene
him the said fflowers, and the deferds in
this suite that they shoulde pay one her
Cere for the freight of their barrs of
wee eight
silver and other plate brought in that shipp
to London, and that as the usuall rate for
freight of bullion from Saint Lucar Cadiz, or
any other ports in Spaine to London, At aliter
nescit
~~~
HCA 13/57 f.79v Annotate

Ad quartum respondet, That officers the master of
said shippe hath confessed to this rendent
the the
refendents in this suite for the freight
of their late at one proper Cert as hee
Godon which Rp John de Aller, and that
this examinate was made by the
men soe of Mrall
in Januarij 1639
the Olives and liver of the said
shippe that was expect in the parishinge
At aliter nescit/

Ad primum respondet That the interrogate Bristoforde
Aguler as appeareth by a receive which hee had
hee paid onely one proper Cent for the
freight of his bullion, and hee hath heard
the said fflowers confesse that hee
received of the said Agrles, but one
proper Cente in full payment for his said
ffreight, but withall saied that the said
Auler had given him someth waged
or more in gratificatson, At aliter nescit

Ad sextum nescit respondere, but referreth home
to a noate exhibited in this cause under the
hande of the said fflower, wherein is
expressed certaine freights received by
him for some passingers in the said shipp

Ad primum nescit respondere./

Ad octavum nescit respondere aliter quam prius./

Ad nonum nescit respondere aliter quam as

Ad decimum nescit respondere./

Ad undecimum respondet nega./

Ad duodecimum non concernit eu./

Ad 13 nescit respondere./

Ad quartodecimum nescit respondere./

Ad quintodecimum respondet, That hee doth not beleeve the
the master of a shippe is liable to make and
any goodes laden privately in his shippe and
of without his knowledge, and which are
stollen or imbeaselled, nor otherwise, but hee
goodes as hee taketh chardge of by bill
lading or entringe in his booke, and hee bale
hee cannott have freight for those goodes
not
shee had notice of to bee brought into his said
20
and tooke chardge of and is answereable shee
~~~
HCA 13/57 f.80r Annotate

80

and hee beleeveth that if a Merchant bringe
or hee
was
some any money in this chest at his owne
perill and never chardge the master therweth
that in that case that Merchant is not to
pay freight for those monies or jewells
more then for his passage and his cheste
which is alsoares comprehended and reputed
in the money paid for his passage, At
aliter nescit./

Ad sextodecimum det That afflowers the master of the
Corsett hath often confessed to this rendent
that comitatu John de Agale had fully
satisfied him for all the freight that
concerned him and his goodes, and that hee
had given him a full dischardge under his
for the same
Sonde which hee said soulde acquitt him
of all with or from the Owners of the
said shippe and the first schedule interrogate
is that receipte or dischardge, which was
shewed to the said fflowers and hee in this
yt to bee sufarrived by him and
rendents heareing acknowledged the whole
contents thereof to bee true and hee
out the
heard fflower say that that noate was
written in the Barnethes, At aliter nescit/

Ad septimodecimum nescit respondere aliter quam prius./

Ad sextodecimum nescit respondere, Savinge that the
second schedule interrogate fflowers in this rendents
heareinge hath confessed to bee subscribed
with his proper hande writinge, and alsoe
confessed to this rendent that hee had
received for the passage and ett and freight
therein mentioned eleaven hundred
twenty five peeces of eight which make
225li sterlinge, and fflowers tolde this
rendent that the witnesses thereto were
Thomas Chardocke the Governor and Josias
ffoster the Serretary of the Barmouth
Islands
3. et tertium

Ad tertio decimum non concernit huis rendentem./
Roger Kilver
~~~
HCA 13/57 f.80v Annotate
~~~
HCA 13/57 f.81r Annotate
~~~
HCA 13/57 f.81v Annotate
~~~
HCA 13/57 f.82r Annotate
~~~
HCA 13/57 f.82v Annotate
~~~
HCA 13/57 f.83r Annotate
Y
83

13º Maij 1641

1s
are putt

R. E. B

Nicholaus Maqueline parochia Sancta Maria
Islington prope Civitate London Mercator
extraneus annos agens 68 aut eo circiter testis
in hac parte productus iuratus et examinatus./
dicit quod Egidiu Vandeputt in partum
producent proper triguita ssex annos ultimum
etaps bene novit et Petru Vandeputt alter
dictarr partin is infantia dicti Petri
etiam bene novit sed armatoris Capitanoru
Johannes van Aer et Dirrici et Stepham de
Rudder non novit ut dicit/

Ad primu articulum alluis ex parte dis
et Petri Vandeputt in hac parte datus et
oblat dicit et deponit That the articulate
Peter andept was and is the naturall and
Lawfull sonn of Giles andepritt a
Merchants of this Citty of London and
dwelleth in a place neere Tower streete
London, and the said Peter Vandeputt
was borne in the said Citty of London
and baptized in the Dutch Church in
London, which hee knoweth to bee true
for that hee kept the bookes of the
said Giles Vandeputt and lived in the
to house with him at the same tyme
when the said Peter Vandeputt was
his sonn was bounde, and in the same house
when the said Peter was borne, and was
in the dutch church aforesaid when the
said Peter was there baptized, and by
the Church booke kept for the said
Dutch Church yt appeareth that the
said Peter Vandeputt was there
chestned or baptized the five and
twentieth day of the moneth of
August Anno di 1637. which hee knoweth
to bee true, having lately perused that
booke to in forme himselfe in that
perticuler and the schedule articulate
(as hee hath bin informed by Cesar
Calandrinus the Minister of the dutch
Church aforesaid) is an for written and
subscribed with the proper hande writinge
~~~
HCA 13/57 f.83v Annotate

of him the said Cesar Calendrinus, who this
examinate well knoweth to bee Minister
of the the dutch church aforesaide, And
this hee affirmeth uppon his oath to
bee true./

Ad secundum affirmat That by the
bookes of accompts of the said Peter
Vandeputt, yt appeareth that hee the
said Peter Vandeputt was and is
interessed in certayne Tabbyes which
were laden aboard a certayne shippe called
the Hynde whereof Thomas Hart is or
late was master, and is the same Peter
Vandeputt who now claimeth the said
Tabbyes at Dunckercke which hee
knoweth to bee true, often frequenting
the house of the said Peter Vandeputt
and beeing conversant with his bookes of
accompts, and by them saw that both
before the lading of the said Tabbyes
and after the said Peter Vandeputt
had and still hath interest in the
said Tabbyes, And this hee affirmeth
uppon his oath to bee true./
----
dco die/

Vandeputt

2s

Rs E B

Nicolas Macquelyns
Dirricke Host parochia Sancta Maria
Abchurch London Mercator annos agens
53 aut eo circiter testis in hac parte

Ad productus iuratus et examinatus dicit
quod Egidius Vandeputt unu partium
producentiu proper triginta six annos, et
Petru Vandeputt alte dictarum
parte producent ab infantia fxxx
dicti Petit etiam novit ut dicit./

Ad primum articulu alluis ex parte dicit.
Egisius et Peter Vandeputt in hac part
datus et oblat dicit et deponit That the
the arte Peter Vandeputt was and is the
naturall sonn of Giles Vandeputt
Merchant of this Citty of London, and
was borne in this Citty of London and
~~~
HCA 13/57 f.84r Annotate
~~~
HCA 13/57 f.84v Annotate
~~~
HCA 13/57 f.85r Annotate
~~~
HCA 13/57 f.85v Annotate
~~~
HCA 13/57 f.86r Annotate
~~~
HCA 13/57 f.86v Annotate
~~~
HCA 13/57 f.87r Annotate [CHECKED]

87

but the quantities thereof hee knoweth not for that hee
kepte noe accounte thereof but saieth that after the arlate
shipps arrivall in the River of Thames from the said
voyage all her ladeinge aswell wynes as other goodes leakage
excepted, which happened the said voyage by foule weather)
were safelye delivered out of the said shippe into severall
lighters belongeinge as it was saide to one Mr ffurbancke
appointed as hee conceiveth to receive and lande the same
and amongste the reste of the said shipps ladeinge the said
Smallwoodes wynes were delivered cleere and free of the
said shipps tackle, And this hee affirmeth uppon his oath to
bee true hee beinge at the delivery thereof and one of those
that did helpe to take them out of the said shippes
holde to bee put into the lighters to bee carried
a shoare Al aliter nescit /

Ad secundum deponit That in the said shipps passage from
Burdeaux arlate where shee was laden towards this Porte of London
where shee was to bee unladen shee mett with a very violent
and extreame greate storme which continued for the space
of eighte or nyne dayes but for the space of 24 howers and
somewhat more in such violent and extreame manner that
they were in greate and apparent dannger of looseinge both
shippe and goodes and mens lives and forced to pumpe exceedingly
to save and preserve the same And this hee affirmeth uppon
his oath to bee true At aliter nescit /

Ad tertium deponit That in the foresaid storme and tempeste
the water came soe violentlye uppon the decks where the shipps
boate laye and into the boate that they were fainte to cause a hole to bee cutt in
the boate to lett out the water out of her, and to drive out
a side board of the shipp above decks to lett the water have passage from of the
decks and the violence and extreamitye of the water was
such but it tooke and carried awaye from of the decks of
hogsheads of beere and water and a barill of tarre and
other things of the said shipps provision, And this hee
alsoe affirmeth to bee true At aliter nescit./

Ad quartum deponit That the were neere uppon 20 saile of
shipps that came from Burdeaux when the Susan the voyage
in question came from thence all which by and throughe the
violence and extreamitye of the weather were seperated and
parted some or one of which shipps in the foresaid storme and
tempeste suffered and were loste, which hee knoweth to bee true for
that hee spoake with some of the Companye of one of those
shipps which were loste but the Susan (thanks to god) salvis
predepoitis safelye arrived at London At aliter nescit/
~~~
HCA 13/57 f.87v Annotate

Ad quintum deponit et dicit That the arlate shippe the Susan
was the voyage in question as stronge staunch and thighte as
shippe as needed to bee for that voyage and that imployment
shee was uppon but suffered somethinge by reason of the foresaid
storme by reason of the water which came soe extreamelye
uppon her decks and washed and gott downe into the holde
amongste the ballaste whereby the pumpe had like to have bine
chacked, and the foresaid Smallwoodes wynes and the reste
of the goodes in the said shippe that voyage were as safe and
convenientlye stowed in the said shippe as goodes could bee
which hee knoweth to bee true for that hee was at the stowage
of them and was one of those that did helpe to stowe them

Ad sextum deponit et dicit That in case the said Smallwoode
had more then ordinary leakeage in his wynes laden aboard
the foresaid shippe the voyage in question, which hee knoweth not
of yet that extraordinary leakage if any such were came
meerlye by reason of the foule and tempestuous weather aforesaid
and not otherwise and hee beleeveth there were others that had
wynes aboard the said shippe that voyage that received as greate
leakeage as accordinge to theire proportion as the said Smallwoodes
could and yet did not complaine thereof knoweinge what
dannger the said shippe was in the said voyage And this hee
affirmeth uppon his to bee true. At aliter nescit /

Ad Interrogatoria./

Ad primu respondet quod equa favet partibus litigan et optat victoria
ius haben et aliter negative./

Ad secundum salvis predepoitis ad qua se refert nescit /

Ad tertium pro parte sua salvis predepoitis nescit /

Ad quartum pro parte sua nescit saveinge hee beleeveth there was or ought
to have bine a lande wayter to looke to and take notice of
what goodes were delivered when a shoare which came out of
the foresaid shippe the voyage in question./

Ad quintum pro parte sua nescit saveinge that hee hath heard and
beleeveth there are errors and mistakes betweene the lande
wayters and noates and waytes a shippboard sometymes in
the delivery of goodes

Edw: Cathen
----
die pred/ [CENTRE HEADING]

Pro magister Golde)
et soc)

Rs. E. B.

John Peterson of London marriner aged aboute 36
yeares or thereabouts sworne before the worshipfull Willmj Sames
Doctor of Lawes and Surrogate to the righte worshipfull Sir Henry
Martyn Knighte alsoe Doctor of Lawes and Judge of his Majesties
highe Courte of the Admiralty of England beinge examinate
saieth

That aboute two monethes since at Ostend
fflannders at a publicqr outcry there hee this examinate did buy
~~~
HCA 13/57 f.88r Annotate [CHECKED]

88

of one Johachim Henssman a certaine vessell of the burthen of
aboute 250 tonnes Englishe measure, fflemishe builte then
called as hee was tolde by the name of the halfe moone and
still by the same name which shippe or vessell after hee
had boughte her, hee broughte over from thence for
London and shee is nowe in the River of Thames but bounde
out for Norwaye and hee this examinate to goe out master of
her, and shee coste at Ostende aforesaid and nowe standeth the
owners of her in eighte hundred poundes sterlinge, and
doth solelye and properlye belonge and appertaine unto
Isaacke Golde, Edward Smith and Bernard Johnson Inhabitants
and house keepers in and aboute the Cittye of London and
subiects to the Kinge of England and borne in England as hee
hath heard and beleeveth all but the said Johnson whoe hath
inhabited and dwelte in England for the space of 13 or 14 yeares
and for all or moste parte of that tyme hath bine a free
Denizen of England videlicet a sixte parte, thereof to the said Johnson and the reste to the other twoe and noe strannger as hee beleeveth hath
any interreste in the said shippe with them the said Golde Smith and
Johnson And this hee saith this true by vertue of his oath

John Peterson [SIGNATURE, RH SIDE]
----
die pred./ [CENTRE HEADING]

2s Per Gold)
et soc)

Rs. E. B

Erasmus Rouse of Stepney in the County of Middlesex marriner
aged 33 yeares or thereabouts sworne and examined
as aforesaid saieth and deposeth as followeth videlicet

That aboute twoe
monethes since hee this examinate was present at Ostend in fflannders
when his preconteste John Peterson did there at a publicy outcry
for the use and accounte of Isaacke Golde, Edward Smith and
Bernard Johnson buy a fflemishe shippe or vessell of the burthen
of aboute 250 tonnes Englishe measure and after hee had boughte
her and fitted her for to goe to sea did helpe him to bringe her
over from Ostend aforesaid into the River of Thames where
shee yet remaineth but is (as hee hath heard bounde out
uppon a voyage for Norwaye and the said shippe at firste
and nowe standeth her owners in neere uppon eighte hundred
poundes sterlinge and shee is called the halfe Moone and
doth as hee verilye beleeveth haveinge never heard or seene
any thinge to the contrary solelye and properlye belonge and
appertaine unto them the foresaid Gold, Smith and Johnson but
what parte to each man hee knoweth not but saieth that the
said Golde and Smith are both of them Englishmen borne as hee
hath heard and beleeveth in his conscience and the said Johnson
free denizen of this kingdome of England and both hee and
they loyall subiects to the Kinge of England and Inhabitants man
and aboute the Cittye of London and noe strannger or other
person to this examinats knowledge whoe which beinge to the said shippe
~~~
HCA 13/57 f.88v Annotate [CHECKED]

3s and Golde et soc

Rs. E. B.

ever since shee was boughte at Ostende aforesaid and still doth
belonge to her, hath any intereste with them the said Gold
Smith and Johnson in the said shippe, And this hee
affirmeth uppon his oath to bee true./

Erasmus Ruis [signature, rh side]
----
3s Per Golde et soc)

Rs E. B.

Thomas Whale of the Isle of wighte within the County of
Southampton marriner of the age of 28 yeares or thereabouts
sworne and examined as aforesaid saieth and deposeth
as followeth videlicet

That aboute six weekes since hee this
examinate till then beinge a prisoner at Ostend in fflannders
was there hired by one John Peterson to helpe him to bringe
over a shippe or vessell therehense which hee said hee
had there boughte for the accounte of certaine merchants
residente here in England, which shippe or vessell hee
saieth is fflemishe builte and of the burthen of aboute
250 tonnes and called the halfe Moone the same beinge
soe painted in her sterne, and shee is nowe at present
in the River of Thames but as hee is informed bounde
out for Norway and shee and her tackle and furniture
doth as hee beleeveth solelye and properlye belonge and
appertaine unto Mr Isaacke Golde, one Mr Smith and
one Johnson whoe are all and as hee hath heard and
beleeveth subiects to the Kinge of England and Inhabitants
in and aboute the Cittye of London and noe strannger
or fforrainer that hee could yet ever heare of whoe hath
and still doth belonge to her hath any intereste
with them the said Golde, Smith and Johnson in the said
shippe but what parte each man hath in her hee knoweth not/
And this hee affirmeth uppon his oath to bee true/

Signum
Thoma 'TW' Whale./
----
17o Maij 1641

Crosse contra Jenckins)
Budd Smith)

Abrahams Vandecouter de Saint Dennis Backchurch
London mercator annos agens 51 aut eo circiter testis in
hac parte productus, iuratus et examinatus deponit
dicit prout sequitur videlicet

Ad prima prem libelli ex parte Crosse in hac parte dat et admissa
deponit et dicit That for all the tyme arlate the arlate
Andrewe de Bayeser was generallye accounted reputed and
taken to bee the sole owner and pprietor of the arlate shippe
the Saint ffrancis of Amsterdam and of her tackle and
furniture and soe hee beleeveth hee and that the
(said
~~~
HCA 13/57 f.89r Annotate [CHCEKED]

89

the said de Bayeser within the same tyme did
constitute and appointe one John Colen als Cill to bee master
of the said shippe and this hee alsoe beleeveth to bee true
reddens racoem credulitatis sua in hac parte for that in January
1638 within the tyme arlate the arlate de Bayeser here in
London made a letter of Attorney to him this examinate to sell or
dispose of the said shippe tackle and furniture and the goodes in her belonginge to him for his use
and accounte if hee could gett a good price for the same
and did then intimate unto him this examinate that hee had
for good reasons knowen to himselfe and the abuses which the former master
had offered him whileste hee was master displaced the former 
master and in his roome and place put, placed and
constituted the foresaid Calen and hee this examinate hath alsoe seene
and perused over certaine examinacons taken at or neere
Milford in Wales where the said shippe and goodes then laye
intimateinge as much as hee hath formerlye deposed concerneinge
the displaceinge of the master and constituteinge of the said
Calen master of her Al aliter nescit /

Ad secundum deponit et dicit That within the tyme arlate and
videlicet in Januarye 1638 aboute which tyme the foresaid de
Bayeser made him this examinate the foresaid by letter of afterney
for the sale of the foresaid shippe the Saint ffrances and her
tackle and furniture and such of the goods in her as did
belonge and appertaine unto him the said de Bayeser in case
hee could doe the same for a good and valuable consideracon
when he sawe that hee could not sell the said shippe accordinge to his desire hee tolde him this examinate that hee would fitt and send
her out againe onely hee wanted money for the pressent to paye the
marriners their wages and to fitt her with such things as shee wanted
and thereuppon desired him this examinate to lend him some uppon bottomrye but
this examinate beinge not at that tyme furnished with moneyes
to spare soe much as the said de Beyeser then
desired told him of the arlate Crosse and went alonge with
him to the said Crosse and on the behalfe of the said de
Bayeser (hee not beinge acquainted with the said Crosse) this examinate entreated
the said Crosse (if hee could spare the same) and prevailed upon him to accomodate
the said de Bayeser with the some of one hundred poundes
uppon bottomrye uppon the foresaid shippe to paye the
marriners theire wages and to fitt her againe to goe to sea
And this hee affirmeth uppon his oath to bee true At aliter nescit /
saveinge that hee saieth to his beste remembrance the adventure
was paste and to be over within 24 howers next after the arlate shippe should
have arrived in Anchor in the roade or haven of Amsterdam
or in Zealand./
~~~
HCA 13/57 f.89v Annotate [CHECKED]

Ad tertium pro parte sua nescit deponere, saveinge hee saieth to bee
beste remembrance the arlate de Bayeser promised and told
the said Crosse that hee would allowe him after the rate
of 15li per centum for the foresaid money if hee pleased
to accoumodate him therewith and the same to bee payd
to the said Crosse or his assignes at the place where the said

shippe should first arrive and breake bulcke within 14 dayes then
next followeinge./

Ad quartum deponit et dicit That hee heard the foresaid Mr Crosse
promise and tell the foresaid de Bayeser that hee should
have the foresaid money for the use aforesaid And the said
de Bayeser tolde him this examinate (after hee had received the
same of the said Crosse as hee conceiveth) that hee had
received the some of one hundred poundes of him for the
uses aforesaid and that hee would soe imploye the same
At aliter nescit /

Ad quintum deponit et dicit That the arlate de Bayesor after
hee had received the foresaid one hundred poundes of the said
Crosse hee told him this examinate that hee had made the said
Crosse a bill of bottomrye for the said repayment thereof
with 15li for the adventure or loone thereof wherein hee
had engaged both himselfe and alsoe the said shippe the Saint
ffrancis tackle and furniture At aliter nescit /

Ad sextum that hee this examinate is very well
acquainted with the arlate de Bayesors hande writeinge and
therefore beleeveth the subscription to the schedule arlate was in
as the proper hand writeinge of the said de Bayrser, At
aliter referend se ad predepoita nescit./

Ad septimum pro parte sua nescit deponere aliter quam prius./

Super reliquis per articulos dicti libelli non exatur ex direccone

[?XXXX XXXX] [SIGNATURE, RH SIDE]
----
17o Maij 1641

Meade contra Akers et ali)
yeo Martyn)

1s

Rs. E. B

Stephanus Gorton de Saint Mary Matsellon alias
White Chappell London Vintner annos agens 40 and
eo circiter testis in hac parte productus, iuratus et examinatus
deponit et dicit prout sequitur videlicet/
ye Martyn

Ad sextum arlum libelli ex parte Meade in hac causa datus et admissa
deponit et dicit That aboute 3 monethes since little more
or lesse hee this examinate was present in the house of one Edmond
Newbury scituate in Saint Clements lawne neere Lumberdstreete
when as Anne Newbery the wife of the said Edmond
(did
~~~
HCA 13/57 f.90r Annotate
90

pay unto one master Edward Clarcke a wyne Cooper the same
of nyne poundes twoe shillings and since sterlinge money in
parte for a hogsheade of Cate, which Richard Meade deceased
had formerlye boughte of the said Clarcke for the use of his
ffather Richard Meade of Lewis in Sussey the plantiffe in
bound
this cause and had given his bounde unto the said Clarcke for
the same and when the said nyne poundes of twoe shillings
and six pence was payd to the said Clarcke as aforesaid by the
said Anne and the bound taken in hee heard them saye
betweene them that there was twentye shillings more due
and to bee payd for that hogsheade of Cute soe that hee
beleeveth the said hogsheade of Cate was then worth at
the leaste tenn poundes twoe shillings and six pence sterlinge
money And this hee affirmeth uppon his oath to bee true
Al aliter pro parte sua nescit saveinge hee saieth that hee heard
Super reliquis non ext the said hogsheade of Cate
was laden and put aboard the arlate shippe the Hopewell
here at this Porte of London by the order of the said
Meade deceased and of which shippe one Lucas was Master
to bee carried to Newhaven and there to bee delivered to the
foresaid Richard Meade the elder or his assigne

Super reliquis non examinatur

ad Interrogatoria

Ad primu quoad pericula proper et quod petitur et quod
equa favet ptibus litigan et optat victoria ius haben et aliter negative

Ad secundum pro parte sua salvis predepoitis nescit/

Ad tertium pro parte sua aliter quam prius nescit /

Stephen Godon./
----
18o Maij 164

Meade on others

7º Martyn
8

Rs. E. B
s

2s

Ara Howberrye uxor Edmand Newbery de Saint
did Lumberdstreete London Putor annos 35 aut eo circiter
testis in hac causa product jurat et examinat deponit et
dicit prout sequitur videlicet./

Ad sextum arlum libelli ex parte Meade in hac causa datus et admissa
deponit et dicit That aboute three monethes since tempus aliter
cam non recolit shee this examinate on the behalfe of Meade the
plantiffe in this cause did paye unto one Edward Clarcke
a Copper the sume of nyne poundes twoe shillings and six
pence lawfull money of England for a hogsheade of Carte
formerlye boughte by one Richard Meade since deceased for the
use of the said Meade the plantiffe and there is yet more
money due and to be payd for the said hogsheade of
Cute to the said Clarcke but have much shee knoweth not
(not
~~~
HCA 13/57 f.90v Annotate

not knoweinge as yet what certaine quantitye of wyne there
was in the said hogsheade, and when shee payde the said money
to the said Clarcke shee tooke in a board which Meade the
plantiffe had given for the payment thereof to the said Clarcke
and the said Clarcke made her an acquittance for the said
money and soe much money as shee payd for the said
hogsheade of Cute and more shee beleeveth the same was
reallye and well worth, and that hogsheade of Cute as shee
heard and beleeveth was delivered aboard of a certaine
shippe called the Hopewell of which one Lucas was sayle
bee master to bee transported from this porte of London
to Newhaven in Sussex and therehence to bee carried or
conveyed to Lewis where the said Meade the plaintiffe then
and still liveth And this shee affirmeth uppon her oath to
bee true Al aliter pro parte sua nescit /

Ad Interrogatoria/

Ad primu quoad pericula periury fit quod petitur et respondet
That shee is daughter to the producent sed eque favet ptibus
litigan et optat victoria ius haben et aliter negative./

Ad secundum pro parte sua nescit respondere aliter quam prius./

Ad tertium pro parte sua nescit respondere aliter quam predeposuit/

Ann Mary
----
18º Maij 1641

Bushell cona Labe et)
Bushell p interessej)
Budd Smith)

Richard Greene de Alhallowes Barckinge London
Scriptor annos agens 60 aut eo circiter testis in hac parte
productus, iuratus et examinatus deponit et dicit et
sequitur videlicet/

Ad alluem apud act ex parte pati Bushell partis agen in hac
causa secunda tepne Termim Pascha decimo octavo videlicet die instant
meas May fact et exhibit in eadem mentionat deponit et dicit
That the firste lease in the booke menconed in the foresaid act or
allegacon apud act nowe shewed unto him this examinate at the tyme of the
an accompte of
his examinacon and by him perused over beginginge payd into
Captaine Bushells monies hee verilye beleeveth in his conscience was bee
the proper hand writeinge of Simon Greene deceased alsoe in the
said act or allegacon and act menconed the said Simon being
this examinats sonne and hee well acquainted with his hande writeinge and or
hee alsoe beleeveth was and is the sixte leafe in the said booke went
beginginge payd out for Captaine Bushell and that all and signe
the contents in both the said Pages mentioned were and are true and
were soe had and done is therein continued and that nowe in the
late
said sixteinge menconed described to bee payd to Thomas Goulde in the said
leafe
~~~
HCA 13/57 f.91r Annotate

91

leafe alsoe
the said Goulde but wheither
his menconed were soe way into him for the the of Captaine William
or not hee knoweth not but sayeth the said Goulde
some
Bushell deceased for that the said Goulde was imployed in his the said
Captaines busines under him and out of that goode of ano, which hee
and care
ever had of his sonnes honeste hee beleeveth the subscription of the said
Thomas Goulde was and is his propper hand writeinge but this examinate did
was presente when the said monies were pay or 13
not see him write the same neither ⁁ is hee acquainted with the said hould
have writeinge, and the said booke hee beleeveth his sonne did keepe
by him in his custodye soe longe as hee lived and that the same was
founde amongste other of his writeinge after his death which hee had
in his custodye whileste hee was liveinge and founde by some of his this examinats
servants And this hee affirmeth uppon his oath to bee true at aliter
an at aliter nescit deponere./

Richard Greene
----
die pred./

Henricus ffairebrace servus et apprenticius Rich Rochdale
de Saint Michaels London scriptoris etats 21 aut eo circiter testis in
hac parte productus, iuratus, et examinatus deponit et dicit /
prout sequitur videlicet /
said

Ad alluem apud act ex parte Bushell parts agen in hac causa fact
et libra sua exhibit in eadem mentionat aliter secund sesse Pascha
videlicet 18º Maij 1641 fact et exhibit deponit et dicit That the
firste folio and the sixte in the said booke or exhibitt nowe
shewed unto him this examinate at the tyme of this his examination
and by him viewed and perused over were and are the proper
as hee this examinate verily beleeveth
have writeinge of Simon Greene deceased in the acte or allon
hee beleeveth
apud act mentioned which hee knoweth to bee true haveinge lived
in the house with him for the space of above three yeares togeather
and in that tyme haveinge often seene him write and bine well
acquainted with his hand writeinge and this examinate knoweinge the said
Simon to bee have bine as longe whileste hee lived a very honeste
man and one that had to doe in the businesses betweene of the
of Captaine Bushell since deceased beleeveth the contents in the
said folixxxx to bee true and beinge alsoe acquainted with the the
hand writeinge of Thomas Gould in the said acte or allon apud est
menconed and knoweinge that hee did dispatch some thing for
the said Captaine Bushell deceased beleeveth the subscription of
the said Thomas Goulde in the said sixte leafe or foliu to bee his
the said Golds proper hand writeinge of him and that the money
which hee received is expreste and sett downe in the said leafe
or foliu to bee received by him was soe received for the use and
accounte of the said Bushell deposed reddens ramen credulatis
sua ut supra.

Henr Firebrace
~~~
HCA 13/57 f.91v Annotate

21º Maij 1641

Marston contra dmi)
Russell et alios)
Budd Smith Cresh)
Martyn)

Georgius Kettle of de Saint Olaves Southwarcke
aquarius etats 46 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur videlicet

Ad vicesimum quintum ⁁ articulos libelli ex parte Marston et soc in hac causa datus et
admissa deponit et dicit That to this extes knowledge the arlate
Marston the voyage in question had to the number of twenty
passingers aboarde the arlate shippe the Hopewell and that
there was alsoe to his this examinats knowledge laden and putt aboard the
said shippe for the use and provision as hee conceiveth of those
passingers to the quantitye of twelve butts of sacks and three
butts of aquavita And that hee affirmeth uppon his oath to bee true
for that hee this that all or moste of the said passingers
were newe suited from topp to towe videlicet from heade to foote it
before
the Coste and chardges of the said Marston as theire goeinge
to sea
fort in the said shippe the said voyage and that they stoode
twenty six pounds sterling and upwards
the said Marston in his a peece besides for theire dyett and
provision before they went out to Sea the said voyage besides
theire other provisions aforesaid And this hee affirmeth uppon his
for the said Marston
oath to bee true whoe disburste and layd out the money for
the said passingers dyett at Saint Catherines were they were dyed
and did alsoe carry them aboard the said shippe and sawe them
aforesaid
and the sacks and aquavita aboard the said shippe before her
departure out of the River the said voyage Al aliter nescit saveinge
hee saieth that after the returne of the arlate shippe the Hopewell
into the River of Thames from the voyage intend in question
intended hee this examinate fetch the foresaid passingers ashore agens
from aboard the said shippe againe and carried them to shoare
and provided places for them in Saint Catherines aforesaid at the
coste and chardges of the said Marston, but howe longe they
continued after at those places hee knoweth not neither doth hee
knowe certainelye at what cost salvis predepoitis at what coste
and chardges the said Marston was at for those passingers but
conceiveth and beleeveth in his conscience hee could not bee at leste
with them
chardge firste and laste then one hundred and fifty poundes
sterlinge one wayes or other and soe much hee beleeveth they stoode
him the said Marston in firste and laste besides hee saith and a quante of

Ad vicesimum septimum pro parte sua salvis predepoitis nescit depone./

Super reliquis non examinatur ex direccone partis produs./

Ad Interrogatoria./

Ad primu respondet That hee this respondente is imployed under the
foresaid mr Marston to looke to his lighters for which hee payes this
rendente
~~~
HCA 13/57 f.92r Annotate

92

after the rate of 17s proper weeke one weeke with another et aliter it quod
petitur et respondet negative./

Ad secundum aliter quam prius respondet negative./

Ad tertium nescit respondere aliter quam prius./

Ad quartum non exatur

Ad quintum nescit /

Ad sextum nescit/

Ad septimum non exatur./

Ad octavum non exatur/

Ad tertium non exatur./

Ad decimum respondet That in this examinats judgements the fraighte
of the shippe the Hopewell the voyage in question was well worth
after the rate of fly pounds proper moneth for the hull onelye./
shee being of the burthen of at leaste the hundred and fish tonnes

Ad undecimum pro parte sua salvis predepoits nescit./

Ad 12 non exatur

Ad tertio decimum salvis predepoitis pro parte sua respondet negative

Ad 14 non concernt hum rendente et aliter negative./
Sun

George Kettle
----
die pred

Barrowne et alj a Marshall)
et alias Smith Yeo)

Willimus Mitchell de Rederiffe in Comitatu Middlesex nauta
annos agens 27 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout
sequitur videlicet/

Ad prima prem alluis ex parte Garrowaye et soc in hac causa
datus et admissa deponit et dicit That the arlate shippe the ship
Phenix dep sett saile and departed from Gravesende arlate
outwards bounde the voyage arlate the seaventeeneth daye of
June Anno diu 1639 arlate and was not dischardged from
that outwards voyage untill the 8th of ffebruary followeinge at
which tyme shee departed from Genoa into a newe imployment
under certaine merchants there residente to whome shee was then
lett to fraighte by the ffactor there to whome shee was consigned
and was not afterwards dischardged from that other imployment aged
untill the 7th of Julye 1640 arlate after her arrivall here in
the River of Thames which hee knoweth to bee true hee beinge
one of the Companye of the said shippe the said voyage and in
her all that xx the tyme aforesaid videlicet from the tyme of her firste
departure from Gravesend outwards, bounde unto the tyme of
her dischardge here in the River of Thames the 7th of July
aforesaid Al aliter nescit saveinge hee heard the master of he sayth the
righte of the said ship which 140£ sterlinge her moneth./

Ad secundum dicit predepoita proper eu esse vera

William Michell
~~~
HCA 13/57 f.92v Annotate

dicto die

Barrownye et)
ally contra Marshall)

Chus Allen de Redriffe pred naupegus annos agens 36
aut eo circiter testis in hac parte productus, iuratus et examina
deponit et dicit prout sequitur./

Ad prima prem alluis ex parte Barrowaye et soc in hac
datus et admissa deponit et dicit That the arlate shippe the
Phen began her voyage outwards bounde and departed
from Gravesende uppon the 17th daye of June 1639 and
was and continued as hee this examinate conceiveth in the service and
imployment of those merchants that had taken her to fraighte here
in London untill or aboute the 11th or 12th of Mary followeinge
at which tyme shee departed from Marles under an and
entered into a newe imployment under other merchants whoe as
heard
it was there reported and as hee at had taken her to fraighte
whileste shee was at Genoa before shee came to Napley, and
shee was not afterwards dischardged from that newe imployment
untill the 7th daye of July 1648, after her arrivall heerein
the River of Thames London And this hee affirmeth uppon
his oath of his knowledge to bee true whoe was one of the said shipps
Companye for all the tyme aforesaid Al aliter pro parte sua nescit /
saveinge that dureinge the voyages aforesaid hee often heard the
master of her saye that the fraighte of her came to one
after the rate of one hundred and fortye poundes proper
moneth/

Ad ultimum dicit predepoita proper eu esse vera./

Elias Allen
----
die pred

Marston et alj contra da)
Russell et allius)

1s

Richard Willson de Wappinge in Comitatu Middlesex
nauta annos agens 39 aut eo circiter testis in hac parte
productus, iuratus et examinatus deponit et dicit prout sequitur
videlicet./

Ad tertio decimum arlu libelli ex parte Marston et soc in hac causa datus et
admissa deponit et dicit That notwithstandinge hee this examinate did
within the moneth of November 1650 arlate and to his nowe beste
remembrance uppon or aboute the 11th of the same monethes but
downe an order under some of the Lords of the Comisely his
procured by mr Master and partners for the cleereinge and
seeinge of the articulate shippe the Hopewell from the stay
shipp layd uppon her by Saint John Penington articulate in the said
in outwards voyage and withstandinge shee this examinate after his returne it hee hath
with the suite and thereof the same to Sir John Pennington at the said shipp and
and is all
the
and withall
from three he and desired a release from him for the said soe
said Sir John told him this examinate that it could not bee done in the

1s
~~~
HCA 13/57 f.93r Annotate
93

hee had order from the Kinge under his hande to the contrary and
thereuppon shewed him this examinate the said order and to his beste
remembrance reade the same over to him in his Cabon and haveinge
then to his beste remembrance put some of his men aboard the said
shippe to looke to and her and staye her from proceedinge on her
intended voyage the said Sir John told him there he that hee muste not
as he heard was for Spaine
suffer her to proceede And th uppon her then intended voyage which
And this hee affirmeth uppon his oath to bee true hee beinge
employed by the foresaid Marston and Company in and aboute
the dispatchinge of her out of the Downes on her intended
voyage Al aliter nescit /

Ad 15. et sextodecimum respective articulos refert se ad predepoita et aliter p
parte sua nescit deponere Saveinge, That the said Saint
aforesaid
that whileste the said shippe was stayed, and under his comannde by vertue of her order
John Penington ⁁ did take some of the Hopewells Company out
of her and did put some of his owne Company aboard the her
partlye as hee conceived
said shippe to staye and keepe her from proceedeinge uppon
her up outwards voyage and to helpe to bringe or see her
alsoe
safe broughte upp backe againe to this Porte of London And
accordinglye the said shippe was broughte backe againe into
the River of Thames to this Porte of London by which meanes the said
voyage was quite given over and loste And this hee affirmeth
uppon his oath to bee true./

Ad 25. 26. et 27 deponit et dicit That to this examinats knowledge the
articulate Marston had sacks and Aquavita, and some other
necessaries and provision aboard the said shippe the said
voyage but what quantitye or to what vallue hee knoweth not
and alsoe to the number of twentye severall passingers which as hee
heard were to saile in the said shippe to the Isle of Maye and
therehence to Virginia and those passingers to this examinats knowledge were
furnished with all manner of necessaries at the Costs and
and
chardges of him the said Marston, and hee this examinate sawe a
receive the said passingers besides the victualls, which they had
aboard trade the said Marston in one hundred and twelve one
in apparrell and other necessarie
odd moneyes which hee knoweth to bee true for that hee did laye
for the same
out for the said Marston parte of the money and since the accounte
and chardges
of the write told hee saith that the which are looke
the
tyme ⁁ spent betweene the tyme of the staye in the Downes and
her
the tyme when the said voyage was given over as hee conceiveth but
howe much or what chardges the said Marston was at in that tyme
that beleeveth the said Marston is very pmith dampnified by the over throwe of the said voyage
hee knoweth not, And this hee affirmeth uppon his oath to bee
true Al aliter pro parte sua nescit /

Super reliquis non exatur ex direccone parts producen/

ad Interrogatoria
~~~
HCA 13/57 f.93v Annotate

Ad primu quoad pericula periury fit et falsidir testis fit quod
petitur et aliter tu respondet negative salvis predepoitis

Ad secundum pro parte sua respondet negative./

Ad tertium pro parte sua nescit respondere requa credit ut interrogatur

Ad quartum non exatur

Ad quintum refert se ad predepoita et aliter nescit /

Ad sextum refert se ad predepoita et aliter nescit. /

Ad 7 nescit respondere aliter quam predeposuit./

Ad octavum non exatur./

Ad tertium non exatur/

Ad decimum respondet in this rendents iudgement and opinion the shippe
interrogate ffor the voyage shee was bounde out uppon was better with
the 55£ proper moneth warre and are besides victualls and wages
and in case shee had bine this ex rendents shippe should should
hee would not have lett her out under sixtye pounds proper moneth
for the like voyage shee was to have proceeded on, victualls and
wages excepted./

Ad 12 nescit respondere aliter quam prius./

Ad 12 refert se ad predepoita et aliter nescit saveinge that Saint
John Pennington to this rendents beste remembrance tolde him this
rendente that the said shippe and goodes were stayed by meanes
of the Barbary Company and that it was not likelye that
shee should proceede uppon her outwards voyage./

Ad 13 pro parte sua respondet negative./

Ad quartodecimum respondet negative et all aliter non concent it rendent

Richard Wilson
----
dicto die

Marston contra Dmi
Russell./

Idem super allegacone Crastino ye Pascha 1641 ex parte
Marston in hac causa datus et admissa deponit et dicit et examine
deponit et dicit prout sequitur./

Ad prima prem alluis pred deponit et dicit that in this
tyme that hee this examinate was comeinge upp to London from the
Downes to acquainte the master Marston and the reste of the
owners or merchants of the staye of the said shippe the Hope
in the Downes and procureinge the warrant or order for the
release or freedome to proceed, which was not in all that the
remembrance above the space of 7 or 8 dayes the wynde to
faire to have carried the said shippe out of the Downes for
Spaine wheither as hee heard and beleeveth shee was bound
and in that tyme some other shipps that laye in the damage
when this examinate came from thence for the effecte aforesaid the said
saile and depose out of the Downes bounde to Southwarde xxx
the
( xxxxxxx
~~~
HCA 13/57 f.94r Annotate
94

the Hopewell would have done had shee not bine hindred by the
stay or stopp before by him deposed of and after hee came downe
whileste the sayd shippe was stayed there notwithstandinge the
aforesaid order for her releise or presentlye after shee was sent upp
for London againe another shippe of which one Walker was
master bounde for Spaine that stayed for the Company of the
Hopewell departed and sett saile out of the Downes towards
Spaine And this hee affirmeth uppon his oath to bee true At aliter
pro parte sua nescit saveinge hee beleeveth the said shippe the Hopewell
had gone alonge with the said Walkers shippe if shee mighte have
had bine
bine suffered and not ⁁ hindred as shee was

Ad secundum pro parte sua nescit deponere./

Ad ultimum dicit predepoita proper eu esse vera./

Richard Wilson
----
22º Maij 1641

Lants at Lants contra
Shawe Yeo Smith

1s

Rs. E.  B.

Thomas Grove de Bristoll nauta annos agens 40 aut eo
circiter testis in hac parte productus, iuratus, et examinatus deponit
et dicit prout sequitur videlicet./

Ad prima prem alluis ex parte Shawe in hac causa datus et admissa
deponit et dicit That hee this examinate hath bine a seaman and
used and frequented the sea as a souler or marriner for the
space of those thirtye yeares laste paste and in all that tyme
hath bine in divers shipps and divers voyages but
untill the voyage in question ⁁ never heard or knewe fraighte
demannded and payd of any marriner for carriage or
or Cheste
transportation of any goodes which hee had in his Cabon ⁁ of what
any voyage outwards or homewards of what sorte or kinde soever
they were, but they alwayes had the same soe transported fraighte
free And this hee affirmeth uppon his oath hee hath observed
and knowen to bee true At aliter nescit /

Ad secundum deponit et dicit That dureinge the tyme aforesaid hee
this examinate hath knowen and observed it to bee a usuall and
customary thinge for comen men that saile in a shippe of
twoe hundred tonnes or uppwards to carry a barrell or some such
small quantitye of goodes in the said shippe fraighte free besides such
the
other goodes as hee carrieth in theire Cabons or Cheste and for those
that are officers of the shippe to the quantitye of halfe a tonne
little more or lesse accordinge as they please soe bee the same bee
soe stowed in the said shippe that it bee not preiudiciall to
sum
the merchants goodes, and the merchants well or owners of shipps
contented
will not nor are as hee beleeveth displeased or directed thereof
And this hee alsoe affirmeth uppon his oath to bee true At aliter
nescit saveinge that hee this examinate hath often tymes carried goodes
soe and was never untill the voyage in question questioned for
the same./
~~~
HCA 13/57 f.94v Annotate

Ad tertium deponit et dicit That hee this examinate made twoe voyages in the
articulate shippe the Ambrose with the arlate Shawe videlicet one from
Bristoll to Mallega and backe to London, and the other from London
to Mallega and backe againe and this examinate never knewe or heard
that the said Shawe had or carried any more or other goodes the
firste of those voyages outwards then to the quantitye of one
hundred pounds weighte of tobaccoe, and homewards againe for
London to the quantitye of a hogsheade of wyne and some peece
fruite and the second of those voyage outwards bounde some
stockings and some tobaccoe, and in the returne backe againe
to the quantitye of fower quarter Casks of wyne and three or foure
small barrells of raysons and noe more And this hee affirmeth
uppon his oath to bee true Al aliter pro parte sua nescit /

Ad quartum deponit et dicit That both the foresaid voyages all the goodes
which the said Shawe to this examinats knowledge had aboard the foresaid
shippe were both voyages stowed betweene decks excepte such as hee
carried in his Cabon, but soe betweene decks and in such places
that they were noe wayes preiudiciall or a hindrance to the stowage of
any of the mrchants goodes neither doth hee knowe or beleeve that any
of the merchants goodes which the were intended either of the said voyage
to bee laden aboard the said shippe were lefte behinde or could not
bee laden at all or soe well laden as they should have bine by reason
of the said Shawes goodes and that voyage wherein hee had the
fower quarter Casks aboard twoe of them were stowed in his Cabon
and the other betweene decks ut predeposuit, one of which was leaked
out the said voyage And this hee affirmeth uppon his oath to bee true
At aliter nescit /

Ad quintum nescit deponere aliter quam predeposuit ad qua se refert

Ad sextum pro parte sua nescit deponere./

Ad septimum dicit predepoita proper eu esse vera./

Ad Interrogatoria

Ad primu satisfactu est prius et aliter nescit saveinge that hee
was hired by the master of the said shippe the Ambrose./

Ad secundum refert se ad predepoita et aliter pro parte sua nescit saveing the
hee this examinate rendente did helpe the interrogate Shawe to save the
goodes aboard the interrogate shippe formerlye by him deposed of best
voyages

Ad tertium refert se ad predepoita saveinge that if a mariners
can
shippe to the quantitye of above tonne or above a tonne of goods
it is to bee accounted a gratuitie of the fraighte othereof here
him in case the same hee stowed betweene decks or in the time
the said shippe

Ad quartum deponit et dicit, That the ordinary and usuall rates or
prices for transportacon of goodes from Mallega to this Porte of
London is after the rate of fower poundes ten shilling the
tonne, At aliter nescit./
Thomas Grxxx
recd pru sextum p interrogate/
~~~
HCA 13/57 f.95r Annotate

Z

95

15to Maij 1641

fforth contra Chappell)
Smith/

1s

Robertus Gardiner Civitats London Aring etats 52ta annos
aut eo Cicr testis in hac causa productus iuratus et examinat dicit et
deponit prout sequitur videlicet./

Ad primum. 2. 3. 4. 5. 6. et septimum articulos libelli ex parte
in hac causa datus et
admissa non exaiatr ex direccone producents./

Ad tertium et nonum articulos dicti dicit et deponit That to this deponents knowledge
the twoe bills of Exchange articulate were neither accepted of xxx nor
payd by the said Christopher Chappell for that hee his deponent payd the
first bill being 132li: 18s: 10d: for the honoure of the Takers for the
Credit of the articulate fforth, And he sayeth that Concerning the other xxx bill
of Exchange, which was 114li: 3s: 10d: The same was drawne uppon Chappell
by the said fforth from Naples, which bill the said Chappell did neither next or
paye ut dicit aliter ad humoi articulos dicit quod nescit deponere./

Ad decimum dicit et deponent, That after the said Chappell had refused to
accept on the said xxx the said bills of Exchange he this deponent (on
the behalfe of the articulate fforth) did cause a warrant to be yssued forth
of the high Court of the Admiraltie, whereby the twoe Cases of silke stuffes arlate
(ut respondet)
were arrested ⁁ at the suit and instance of him the said fforth forther sayde
247li (xxxxxx) odd monyes aliter pro parte sua dicit quod nescit deponere./

Ad undecimum et dicit et deponit That after the arrest of the said twoe Cases
of silke stuffs as aforesaid the said Christopher Chappell or some for him by means of some
Officers of the Custome house did procure the said goods to be brought into the
aforesaid Custome house and from thence Carryed away to one mr Hills
house in Lyme streete neere ffanchurch streete all which was done notwithstanding
the said attachament was not then nor is yet (ut credit) taken off And this
this deponent beleiveth that the said stuff 2 Cases of silke were sold in
hugger mugger by xxxxxx and very much under sould. but to wynt
some this deponent certainely knoweth not ut dicit xxxxxxxxxxxx aliter
nescit deponere./
since the takeing upp of the said silkes

Ad duodecimum dicit et deponit, That he this deponent was often told by a mercer
That the articulate Chappell had (many tymes) invited him to goe and see
the said Silkes and many times disappointed him fearing (as this deponent
hath
~~~
HCA 13/57 f.95v Annotate

hath heard and beleiveth) that he this deponent should come to the
knowledge thereof where the said goods lay aliter nescit deponere./

Ad tertio decimum non exaiatr ex direccone producents./

Ad quartodecimum dicit et deponit, That hee this deponent verily beleiveth that the
2 uses of silkes arlate did or might Captaine and be worth at Naples abord
the bxx with Charges of shipping, the number of 2232 ducatts
or thereabouts makeing in sterlinge mony the some of 517li light moneth
Anglia reddens raconem creden sua, ffor that he this deponent about there
tyme and before received the like Comodities some at the same rates and
the eating 100 ducatts, which the accompt expressetts payd for wante utt of further
some neere thereabouts somewhat under or over all All which hee beleiveth
according to the Invoyce sent to the arlate Chappell and a coppie thereof
to this deponent aliter nescit deponere./

Ad quintodecimum non exaiatr ex direccone producents./

Ad sextodecimum pro parte sua dicit quod nescit deponere./

Sup reliquis non exaiatr ex direccone producents/

And badd
I ⁁ qualitie of the clothes soulde
which this deponent is ignorant of

Rob: Gandart [SIGNATURE, RH SIDE]

Idem ad Interrogatoria

Ad primum respondet quod producent et nega et score his Rendents
quadcest negative parter parts producen quoad he cam stitute producencons aliter
eadem Sames optat victoriam as habenti,

Ad secundum respondet That he hath no share in this utter otherwise then by preccon
bee sworne in this cause
That he cometh to be examined at xxxxxxxxxxxxxxxxxxx That hee shall
gaine nothing in case the producent prevaile in this suite nor lase any thing
in case the be one pron aliter nescit respondere./

Ad tertium nescit respondere./

Ad quartum respondet et Credit That the interrogate Hugh fforth solde the said
in barter against silke
ut credit
soule the said Clothes in Nayles at 33. Cartaines the Came were
this Rondent
sudsainely after hee received them from the said underson, That he received
Certificate from Naples, That wherein it is affirmed that the said Cloths
any
were worth no more then 24 Carlines ready mony, for that they were
motheaten and very much otherwise faultie aliter nescit respondere saving That
when this Rendent received letters back from the said fforth of the parte
the said fforth
of the said bills by Chappell his ⁁ then allsoe wrote a letter to the said Chappell
inclosed
~~~
HCA 13/57 f.96r Annotate

96

Rendent date 21º Rebrij Milona Rendent
inclosed and sealed in this deponent letter ⁁ when a Coppy whereof this deponent
uses
very sortly after hee reced the xx xxxx
delived to the said Chappell by this Rondent or his man ⁁ wherein the
required
fforth decred the said Chappell to deliver the aforesaid 2 Cases of silkes to
this Rspondent and his that the said fforth would deliver back the said Clothes to
any in Naples whome the said Chappell should appoint to putt an end to all
this Rendent
differences, And he further sayeth that hee offered to bee bounde in seall
to make good the delive of the said cloathes accordingly aliter nescit respondere

Ad octavum respondet quod refert se ad poia sua preden qua credit esse vera
aliter nescit respondere./

Ad sextum nescit respondere./
insert ut credit

Ad septimum respondet That he did see the interrogate Cases of six in the
but not of what goodnes they were
Customehouse ut predeposuit aliter nescit respondere/

Ad octavum respondet That to this Rendent hath sould iron silke grogrames at
16. did and at 36 a yard That he hath sould narrowe tarrelles) at ye
6. 6. and 6s 8d at tyme, and the lawest at 6s 8d ready monyes breade grograve
at 13. a yarde, breade well at 15. 6. 14. 15. 6d a remayning
grograment 12 yd and the last at 13. 65 and 13 d the yarde these
well
being there at the Black paples sustaties xx 4 peeces at 13. 6d twoe
pences at 13. 6. two peeces at it one pence at 120 ye one producent
13. 6. and one remayneing peice at is ad pell the said last five peeces
of taffaties being taffaties that were received out of the Customehouse
about the came tyme cost the very same price or very neede that one
of the Cases interrogate did according to pporcon and were sold about then
ut credit
tyme in March Aprill and May was twelve monethes aliter nescit render
Et aliter qua referend se ad praedeposita et cona sua preden qua credit
este visa ad humoi interrogate dicit quod nescit respondere

Ad tertium pro parte sua nescit respondere.

Rob. Gardner
----
eadem die./

fforth contra Chappell
Smith

ffranciscus Crompton Civitats London servus et
etatis
Apprenticius magr Robt Gardiner etats all 20ta.
annoru aut eo circiter testis in hac causa productus iuratus et
examinatus dicit et deponent prout sequitur videlicet./

Ad primum 2. 3. 4. 5. 6. 7 arlum libelli ex parte Smith in hac causa datus et admissa non
Examinatur ex direccone producent./

Ad
~~~
HCA 13/57 f.96v Annotate

Ad octavum et nonum articulos dicti libelli dicit et deponit, That he this deponent was
sent by his master and precontest master Robt Gardiner unto the articulate
forth
Chappell with one bill of Exchange from Hugh xxxxxxxx concerng
greating of the bill of Exchange
the hoye of the some of 14. 30. 10. which bill of Exchange the said Capper
did not accept, And he further sayeth That there was another bill of
Exchange concerning the some of 152li 18 18, which this deponent sayeth
nor pay
the said Chappell did, neither accept or pay, but that hee this deponent paye
the same by his Masters order ut dicit aliter ad humoi articulos dicit quod nescit
Rp
deponere./

Ad decimum pro parte sua dicit quod nescit deponere, saving that this deponent hisent

Ad primum pro parte sua nescit deponere./

Ad duodecimum nescit deponere.

Ad tertio decimum non exaiatr ex direccone producents./

Ad quartodecimum dicit et deponent That by the Coppie of an Invoyce of the
goods in the articulate shippe the William hee findeth that the said twoe
Cases of silke sailes, cost at Naples with Charge of shipping the
number of 2232£ pred duritts is or thereabouts, but what or howe
much they make miser money this deponent sayeth hee knoweth not aliter
nescit deponere./

Ad quintodecimum non exaiatr ex direccone producents/

Ad sextodecimum pro parte sua dicit quod nescit deponere saving that he hath heard his
that the articulate Chappell sold the said or some other for him sould the
said goods for 400 and odd pounds aliter nescit.
Sup reliquis non examinatur ex direccone producents, ffrancis Company
Idem ad Interrogatoria

Ad primu interrogate quod non ext Cosingunnes producen and litigantis nescit.
et optat victoriam as habenti
said

Ad secundum respondet That he came to be expired by his Masters order, aliter nescit./

Ad tertium respondet negve.

Ad quartum nescit respondere./

Ad quintum nescit respondere./

Ad sextum nescit respondere./

Ad septimum nescit respondere./

Ad decimum nescit respondere Saving that this Come did hee
for 15. 6. p pard some at 136 yd some at 15. 6. some at be some at he

Ad
~~~
HCA 13/57 f.97r Annotate

97

Mayle
And Black taffaties) some at 13. bell some at 13. some at 12 ye some at
1s 6d some at his of the least to this Respondents knowledge was xxx xxxx aliter
donne
nescit respondere Saving that hee likewise solde narrowe tarcelles at 7. yard
some at 6 be some at 6. 7: some at 6s 8d some at 6s 2d. And like for
morrowe grogrames some at 10 yoode, some at 36 some at 3 and a peece of
broade grograme at 17£ p yeard. aliter nescit respondere/

James Compton

Ad ultimum nescit respondere./
----
19o Maij 1641

Watkins contra Cox)
Holland)

Johus Chilly parochia Saint Olavi in good
Southwarcke nauta etats 24 annorum aut eo circiter
testis in hac causa productus iuratus et examinatus dicit et deponent
prout sequitur videlicet.

Ad primu articulum libelli ex parte Ireland in hac causa datus et oblat dicit.
et deponit That in the yeare and monthes arlate all and duty of them
he this deponent served in the said shippe the Expedicon as Comon man
dureing all which said tyme the articulate Cox was comonly accounted and reputed to
hee (as this deponent verily beleiveth hee really was master of the articulate
shippe the Expedicon aforesaid and her apparell tackle furniture
unto her belonging aliter ad humoi arlum pro parte sua dicit quod nescit deponere.
within the arlate

Ad secundum articulum dicit et deponit That the articulate John Watkins was
shipped in the articulate shippe the Expedicon to goe Carpenters Mate of
the said shippe the voyage articulate from this port of London to Saint Malloes
in ffrannce and thence to Saint Lucars in Spaine, and so houre againe and
and did to goe in the said shippe Carpenters Mate as aforesaid being to
shipped and hired by the articulate Matt the master of the said shippe
(as this deponent verily beleiveth, And he further sayeth That
during all the tyme that the said Watkins served in the articulate
shippe the Expedicon as aforesaid hee beeived and carryed himselfe in all
duety and respect towards the aforesaid Cox the master at hee ought to doe
for ought this deponent, ever sawe or heard to the Contenry, and
ffoured his office and place in the said shippe as occasion required and
was otherwise helpfull and assistant up the said Masters comannder
the voyage aforesaid. And this he sayeth by vertue of his oath is most true./
aliter nescit deponere./
to
~~~
HCA 13/57 f.97v Annotate

Ad tertium dicit et deponent, That the articulate shippe the Exedicon
while shee proceeded in her aforesaid voyage and after shee arrived
at Saint Malloes in ffrannce and had taken in her ladeing of
Lynnen, whithe there to be transported thence to Saint Lucar in
Spaine and had putt to sea againe videlicet with in the articulate monethes
of August and Septen anno arlate, shee was by extreamitie
of windes tempests and fowle weather) diven and forced into the
harboure or port of ffallmouth in Cornewall, and there roade at
anchor by the space of a meete and upwards, all which he sayeth
by vertue of his oath is most true, aliter nescit deponere./

Ad quartum dicit et deponent That within the moneth of September anno articulate
the articulate William Cox for in cause that this deponent sawe
or could en heare of) did cause the said Watkins to be brought
into the Capsten of the shippe the Expedicon aforesaid without
any of his clothes uppon him saving his shipt on his backs
a payer of drawes on his lower parts and made him fast to the
said Capsten the shippe then rideing at anchor in the said Roaden
harboure of ffallmouth, and then and three the articulate Cox did
(in a very violent and Cornell manner with a way roape neere about
4 ynches about boate and strike the said Watkins (as this deponent
this deponent
heard and beleiveth because being uppon the decke heard the
the said Wilkins
blowes and afterwards helped to loose him from the Capsten
uppon the Masters order aliter ad humoi arlum dicit quod nescit
deponent saving that the that was very cruelly beaten and
bruised and slack as a mans butt allmost with beatinge

Ad quintum dicit deponit That by reason of the extreate coull
beating of him the said Watkins by the articulate Cox hether
Watkins lay under the Chirurgeons hands did dayes followeth
and hath not yet received his former streigh nor hee will
as this deponent verely beleiveth) nor well did bee able to performe
his office of a shipp carpenter as before hee did and could have
done ut credit aliter nescit deponere

Ad sextum dicit et deponent That in this deponents iudgement the said
Watkins by reason of this being beaken and famed as aforesaid hath
stored
~~~
HCA 13/57 f.98r Annotate

98

sustained and is like to sustaine damage to the some or valew of
at least
a lawfull mony of England. aliter nescit deponere./

Ad septimum nescit deponere./

Ad octavum refert se ad Regeum huius Cure aliter nescit deponere./

Ad nonum dicit quod dis Cox det subiectus John Anglia arlate

Ad sextodecimum refert se ad or

Ad ultimum dicit praedeposita proper eum esse vera.

repetit cred d: Sam

sign Jacobi Chochell
----
Suct eadem die./

xx Maij 1641

Anto Briggs et alj contra
Clements Budd Smith

Robertus Eucon poe de Stepney in Comitatu Middlesex nauta
detats 28 annorum aut eo cicir testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur videlicet./

Ad primu ponem allegaconis ex parte Smith in hac causa datus et admissa dicit et
deponit That he this deponent went Masters Mate of and in the articulate shippe
the Anne and Elsabeth the voyage in question, And he further sayeth and
deposeth That the Master and Company of the said shippe did not any wayes
omitt or neglect any oppertunity of winde and xxx weather that might carry
them and their shippe downe the Ryver of Thames to Gravesend after such
tyme as the aforesaid shippe was cleared by the articulate Sillye Briggs and
Company in the said Ryver, but That the aforesaid master and Company to this deponent
sight and knowledge tooke and made use of all oportunities of winde and weather
for the proceeding (with their sayd shippe in their intended voyage so soone as
shee was cleered, All which hee sayeth by vertue of his oath is most true.
aliter nescit deponere.

Ad secundum dicit et deponit That the articulate shippe the Anne and other
was a shippe of the burthen of one hundred and fifty tonns and somewhat
more, and that the arlate shippe the William was a small shippe of
betweene nynety and anchandred tonnes ut credit, And he further sayeth that
it is an undoubted truth, That a shippe to boyger then the William might
warpe or be true or twoe downe the Ryver to Gravesente and thence
into the Downes when shippes of so great a burthen as the Anne and Elsabeth
Cannot sawe or fall downe ut dicit aliter nescit deponere./

Ad
~~~
HCA 13/57 f.98v Annotate

Ad septimum dicit et deponit That when the arlate shippe the Anne
Elsabeth came and was arrived at Gravesend outwards bound
the articulate voyage the master and Company of her tooke the oportunitye of
the first winde and weather that served for them and therwith sayled
directly into the Downes in their voyage without any neglect or omission
what soe to this deponents sight and knowledge being in the said shippe all the said
tyme and observing the same and doeing his endeavoure according to his office
in the said shippe aliter nescit deponere./

Ad quartum dicit et deponit That the articulate shippe the Anne and Elsabeth
after her first arrivall in the Downes outwards bound the voyage in
question shee cast anchor there the winde being contrary videlicet Morewert
and with the Consent of the merchants lay there at anchor till such
tyme as shee had putt her plott on board one of the Kinges shipps) and an
was
longe and untill the articulate Robert Shent (before gone on shoare to by
and in Longer ut dicit, but with contrary windes and stormes
some freigth victualls returned on board againes ⁁ And this he sayeth by
vertue of his oath is most true. aliter nescit deponere./

Ad sextum dicit et deponit That the articulate shippe the Anne and have
dureing the tyme that shee rode in the Downes the voyage in question did divers and
Soundry tymes betweene the 4th of March and second of Aprill
arlate videlicet 8 or 9 severall tymes weigh anchor and putt to sea and
endeavoure to proceede on her intended voyage, but was still by contrary
by the consent of the under saith
windes and tempests forced and putt back againe into the Downes and
could not proceede ut dicit aliter nescit deponere

Ad septimum dicit et deponit That in the Course of the articulate shippe the
Anne and habeth outwards bounde the voyage in question neere
unto a place called Beachy the foremast and boltspritt of the
said shippe were broken and flowne away in a storme by reason whereof
the articulate shippe was constrayned to putt into the Isle of Wight and
Portsmouth to mend and repayred the same without doeing whereof shee
could not have proceeded to sea againe aliter nescit deponere./

Ad secundum dicit et deponit, That so soone as the articulate shippe the And
and leaketh was repayred and amended as before is deposed the master
and Company of her were very ready and willing to proceeded and goe upon
her./
~~~
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99

her intended voyage and imployment But the arlate Collins (the said Sulye
and Companyes ffactor, telling the mariners of the said shippe that shee
was bounde for Sallye, divers of the said shippes and Company videlicet 8 or nyne
of them deserted and left her whereuppon the master of her was inforced to
Come upp and did come upp to London to her others in their steads without
which hee could not have proceeded with the said shippe for Barbary or to any
other place, whether shee was bounde ut dicit All which hee sayeth by
vertue of his oath is most true. aliter nescit deponere./
Ann

Ad decimum dicit et deponit That the master and Company of the Elizabeth were
carefull and expedition in the hireing of the aforesaid marriners and both
before and after) free from any neglect of oportunitye of winde and weather
the proceede uppon their aforesaid voyage to this deponents sight and knowledge
aliter nescit deponere./

Ad undecimum dicit et deponent, That the articulate Collins and Streete went in
the articulate shippe the Anne and Elsabeth the voyage in question as
ffactors for the said Bulye Briggs Company and this deponent
beleiveth they were soe aliter nescit deponere./

Ad duodecimum dicit et deponit That the arlate Steevenson the Master of
the said Anne and Elzabeth the articulate voyage) and before was and is deputed
to be an honest and Carefull and industrus mann and used all care and
he could
diligence in the pursent of the voyage in question ut dicit All which hee
sayeth by vertue of his oath is most true. aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera./

Robert Lison

Idem ad Interrogatoria./

Ad primu satisfactum et prius et ultimum respondet That he hath received
his wages from one of the Owners, That hee expecteth in greatine
for his test mony, aliter negative./

Ad secundum respondet That he cometh to bee examined by being requested by the
Masters boather, That he equally favoreth the parties interrt

Ad tertium nescit respondere./

Ad septimum respondet qua refert se ad praedeposita proper eum allegacon pro parte suit/
hac causa datus et admise qua red este as aliter nescit respondere./

(Ad
~~~
HCA 13/57 f.99v Annotate

Ad primum respondet quod refert se ut supra aliter nescit respondere./
et septimum. et 5

Ad sextum respondet qua refert se ut supra aliter nescit respondere./

Ad tertium respondet That the Anne and Elsabeth a dirst off of divers for the
Company of the said Coserabout an houre and in more ut credit et
aliter qua referendo se ut supra nescit respondere

Ad decimum respondet qua refert se ut supra aliter nescit respondere.

Ad duodecimum nescit respondere./
will

Ad tertio decimum respondet That the master of the Anne Cables came to the said
shipps side with on of the merchants ffactors in the shallopp and
tooke her swordes and this deponent, and went on shoare againe which
the said Company and this dept Respondent in the said shipp aliter
nescit respondere saving that hee stayed not on shoare above 3 houres and
ff the merchants factor behinde because hee could not beforde

Ad 14

Ad quartodecimum respondet quod refert se ad conse sua prced qua credit
esse vera aliter nescit respondere./

Ad quintodecimum respondet et Credit That the winde and weather might have
served for the Anne and Elsabeth to have beene gone the first and
second of Aprill as is interrogate and that the master had eight
weighed and beene gone in case the merchants factor had not
beene on shoard and soe much the master did signifit, That he could
not instesent to bee gone without him aliter nescit respondere/

Ad 16. 17. et tertio decimum respondet quod refert se ad praedeposita et his sua
pree qua credit esse vera aliter nescit respondere./

Ad tertio decimum p et nescit respondere./

Robert Enson
----
xx Maij 1647

Duelye Bugh et alj)
Clements Budd Smith)

Johannes Woode parochia de Stepney in Comitatu
Middlesex nauta, etats xx annorum aut eo circiter
testis in hac causa productus iuratus et examinat dicit et
deponit prout sequitur videlicet./

Ad primu ponem allegaconis ex parte Smith in hac causa datus et
admissa dicit et deponit That he this deponent was and went Costa
of and in the arlate shippe the Anne and Elsabeth the voyage in question

(And
~~~
HCA 13/57 f.100r Annotate [CHECKED]

100

And he further sayeth that to his knowledge the Master and Company of the said
shippe did omitt or neglect in oportunitye of winde and weather in the
Ryver of Thames wherby they might sayle with their sayd shippe downe
to Gravesend (after such tyme as the said Only Briggs and Company had
cleared her there) but embraced and made use of all suche oportunities of
winde and weather to goe and proceede on her intended voyage (after shee was
so cleered) ut dicit aliter ad hunc ponem dicit quod nescit deponere./

Ad secundum dicit et deponit That the shippe the William arlate was a
small shippe of the burthen of aboute one hundred tonns and drew aboute
8 foote water ut credit, And that the shipp the Anna and Elsabeth arlate
was a shippe of the burthen of one hundred and three skore tonns or thereabouts
and drew twelve foote water and upwards: And he further sayeth that he
verily beleiveth that the said shippe the William and other vessells of
no greater burthen might warpe and turne downe or be towed to Gravesend, when
shippes of the burthen of the Anna and Elsabeth cannot stirr nor fall downe
aliter pro parte sua dicit quod nescit deponere./

Ad tertium dicit et deponit: That when the arlate shippe the Anna and
Elsabeth was arrived and come unto Gravesend outwards bounde the
voyage in question the Master and Company of her were very Carefull to observe
and make use of and did make use of the soonest opportunitye of winde and weather they could
finde and therewith sayled directly into the Downes onward theire intended
voyage And this hee sayeth by vertue of his oath is most true./ aliter nescit
deponere./

Ad quartum et quintum dicit et deponit: That shippe the Anne and Elsabeth after shee
her first arrivall in the Downes outwards bounde the voyage in question
did (by the Consent of the arlate Collins) come there to an anchor till
such tyme as shee had putt her pilott on boarde one of his Majesties shipps
and untill the arlate Streete (whoe was on board some other shippe as
this deponent beleiveth) came on boarde the said Anna and Elsabeth againe and no
longer ut credit but by reason of contrary windes and stormes aliter ad hunc ponem dicit quod nescit deponere./

Ad sextum dicit et deponit: That dureing suche tyme as the Anna and Elsabeth
roade and remayned in the Downes the voyage in question she did weigh
anchor and putt to sea nyne severall tymes intendinge have proceeded on her
(intended
~~~
HCA 13/57 f.100v Annotate [CHECKED]

intended voyage but was [?XXX] by contrary wides and stormes beaten
and putt back againe into the Downes by the merchants consent and could not proceede, And this
hee likewise sayeth by vertue of his oath is most true./ aliter nescit.
deponere./

Ad septimum dicit et deponit That true it it That the arlate shippe
the Anne and Elsabeth in the her course as outwards bounde the
voyage in question (neere unto a place called Beachye) did loose
her foremast boltsprett and an anchor which were blowne and broken and
away from her by reason of a great storme and tempest by reason
whereof shee was inforced to putt into Portsmouthe to amend and repayre
those losses without the doeinge whereof the said Anne and Elsabeth could
not have proceeded to sea And this he sayeth by vertue of his oath is
most true. aliter nescit deponere./

Ad octavum dicit et octavum pones dicte allegaconis dicit et deponnit: That soe
soone as the arlate shippe the Anne and Elsabeth was repayred and
amended and had supplyed her deserts and losses afore
deposed of shee being then at the Isle of Weight was ready and
her Master and Company were prepared and willing in have proceeded in her
intended voyage But the arlate Collins intimateing unto the said
shippes Company that shee was bound for Sallye nyne of her
mariners forsooke and left her whereuppon the Master of the said Anne
and Elsabeth was enforced to come upp to London to hyer and did
hyer tenn new men in their steads without which hee could not have
proceded with his shippe to Barbary, or any other place whether
shee was bounde ut dicit, aliter nescit deponere/

Ad decimum dicit et deponit: That the Master of the Ann and Elsabeth was very
carefull and expeditious in hyreing of the aforesaid mariners and neglected
no oportunitye of winde and weather (before or after) to proceede on their
foresaid voyage: which hee sayeth by vertue of his oath is true./
aliter nescit deponere./

Ad undecimum dicit et deponit, That the arlate Collins and Street went
alonge in the arlate shippe the Anne and Elsabeth the voyage in
question and were reputed to be (as this deponent beleiveth that
were) factors or Agents for the arlate Onkey Briggs and Company
Aliter nescit deponere./
(Ad
~~~
HCA 13/57 f.101r Annotate [CHECKED]

102

Ad duodecimum dicit et deponit: That he this deponent went with the articulate Steevenson
4 voyages before the voyage in question and sayeth That all those voyages
and likewise this last voyage the said Stevenson was and is an honest
carefull and industrious man and used his uttermost care and diligence in the
prosecution of his said voyages and particulerly of the voyage in question aliter
nescit deponere./

Ad ultimum dicit predeposita proper eum esse vera.

Signum Johis 'IW' Wood

Idem ad Interrogatoria. [CENTRE HEADING]

Ad primum interroga satisfacta et prius. Et respondet That he hath received all
his wages from mr Clements aliter negative./

Ad secundum respondet That hee comes to bee examined at the request of the Masters
brother. That hee equally favoureth the parties aliter nescit respondere./

Ad tertium nescit respondere./

Ad quartum, quintum et sextum interrogata respondet quod refert se ad praedeposita proper eum allegata ex parte Smith in hac causa data et admissa, quae credit esse vera, aliter nescit
respondere

Ad septimum nescit respondere./

Ad octavum respondet quod refert se ut supra. aliter nescit respondere./

Ad nonum respondet et credit That by the consent of the aforesaid mr Collins the
interrogate Steevenson stayed with the interrogate shippe the Casar in Dover
Roade by the space of halfe a day and no more, But the said Casar beinge a swifter
vessell gott up to the Isle of Weight and soe (the winde favouring her) passed
away but that the Anne and Elsabeth was forced backe into the Downes againe
aliter nescit respondere./

Ad decimum et undecimum respondet quod refert se ut supra: aliter nescit respondere/

Ad duodecimum respondet et credit That the interrogate Steevenson was on shoare one day but what
day of the moneth this Respondent remembreth not but hee was so on shoare about
the shipps busines and not drinckeing ut credit and came on board at night
aliter nescit respondere./

Ad tertio decimum respondet et credit That that the interrogate Steevenson badd his mate
gett an anchor on board to sett sayle and sayd hee would followe in in the shallop
but the winde blew so that it could not be done: Et ultra respondet That the
said Steevenson being in the said shallopp did take his owne sworde
and went on shoare with hee his mate and Company in the said shallopp and came on board that might againe aliter nescit respondere/

Ad quartodecimum pro parte sua nescit respondere./

(Ad
~~~
HCA 13/57 f.101v Annotate [CHECKED]

Ad quintodecimum respondet quae refert se ad praedeposita et causam [?preden] aliter nescit respondere.

Ad sextodecimum respondet quod nescit prout supra: aliter nescit respondere

Ad septimodecimum refert se ut supra: aliter nescit respondere./

Ad duodevicesimum nescit respondere./

Ad undevicesimum respondet That the Anne and Elsabeth came and arrived at Sally in the Road
of Barbary on a Sonday, but what day of the moneths this Respondent sayeth
hee knoweth not aliter nescit respondere./

Signum Johis 'IW' Woodd [MARKE, RH SIDE]
----
ultimum Maij 1641:

Anthony contra Hall)
Budd)

Thomas Powell paroecia de Stepney in comitatu Middlesex Naupegus etats
35: annorum aut eo circiter testis in hac causa productus iuratus et examinatus
dicit et deponit prout sequitur videlicet./

Ad primum arlum libelli ex parte Budd in hac causa datus oblat et admissa
dicit et deponit That in the yeare foure Londe soe 1638 1639. and
1640. arlate and monthes therein concurring tempus aliter non bene recolit he this deponent went in and
of the arlate shippe the Pleyades Carpenters mate And he further
sayeth That dureing all the said tyme the arlate Hall was commonly
accounted reputed and taken to be part owner and Master of the said shippe
(as this deponent verily beleiveth he really was) and had the Comannd and
government thereof to this deponents knowledge ut dicit aliter ad humoi arlum
dicit quod nescit deponere./

Ad secundum dicit et deponit, That dureing all the tyme to the next
prcedent article menconed predeposed of the arlate John Anthony
did serve in the aforesaid shippe the Pleyades as Chirurgeon thereof
for a voyage to be made from the port of London to Saint Lucar in Spaine
and from thence all allongst the quoast to Venice and from thence to Zant
arlate: And he beleiveth that the arlate Anthony was hyred to serve in
the place of Chirurgeon as aforesaid By the said Hall and no other aliter
nescit deponere./

Ad tertium dicit et deponit: That dureing all the tyme that the arlate At
served in the voyage aforesaid from his first entry into pay untill his returne to Gravesend he the said Anthony
did faithfully bestowne his laboure and performed his office to ought that he
this deponent knewe or heard of ut dicit aliter qua referendo se ad predepoita proper eum
ad humoi arlum dicit quod nescit deponere./

Ad quartodecimum dicit et deponit That he this deponent was hyred and shipped to
(serve
~~~
HCA 13/57 f.102r Annotate [CHECKED]

102

serve in the arlate shippe the Pleyades in a merchandizeing voyage only
and so hee verely beleiveth was the arlate John Anthony, and the rest of the
said shippes Company and not to serve the Duke of Venice or any other
fforraigne Prince in a man of warr because they were and are otherwise
tyed and and bounde by oath ut dicit aliter nescit deponere./

Ad quintum sextum septium non examinatus ex direccone producents/
arrived

Ad octavum dicit et deponit, That after the shippe the Pleyades at Venice the
arlate Hall did lett out his said shippe (without the Consent of any of the
said shippes Company) to serve the Duke of Venice as a man of warre
and dealt with and perswaded the said shippes Company (uppon promise that if any
of them were hurt in the said service that they should have pencons) to declare
and give theire name to an Officer of the said Dukes, which they all (togeather with
the arlate Anthony were constrayned to doe) which Officer entred all theire names
to serve the said Duke of Venice at sea All which hee sayeth by
vertue of his oath is most true aliter nescit deponere./

Ad nonum dicit et deponit That when the Company of the Pleyades aforesaid hee
perceived That they were brought into the duke of Venice service by the aforesaid
Halle many of the said shippes Company (whereof this deponent was one made
Complainte to his Majesties Agent resident at Venice against the said Hall, whoe
did in this deponents sight and hearinge) much blande the said Hall for his said
practice (or seemed so to doe) and pretended to have endeavoured to gett the said
shippe and Company to be released and dismissed from the said service, but did not
performe the same neither were they so dismissed till they had served 14 monthes
although the said Halls compart and agreement was to serve but for 4 monthes And this he sayeth by vertue of
his oath is most true. aliter nescit deponere./

Ad decimum undecimum et duodecimum non examinatus ex direccone producents./

Ad tertio decimum That within the yeare and muche about the monethes arlate (tempus aliter
non bene recolit) in the port of Zant the voyage in question) the arlate
Halle came on board the shippe the Pleyades much distemped with drincke
and seeing one of the duke of Venices souldiers wrestling with one of his shippes
Company for pleasure fell foule uppon them; And he further sayeth That the
arlate John Anthony (being by) desired the said Hall to bee quiett or used other
wordes of pacificacon; But the said Hall there uppon did strike the aforesaid./
Anthony and the said Anthony only defended himselfe
aliter pro parte sua dicit quod nescit deponere./

(Ad
~~~
HCA 13/57 f.102v Annotate [CHECKED]

102

Ad quartodecimum dicit et deponit That divers tymes after the premisses to the next
precedent article predeposed of the arlate Hale in this deponents hearing hath given
the aforesaid Anthony very evill language and quarrelled with him and warned
him to goe off the decks aliter pro parte sua qui arlum dicit quod nescit deponere./

Ad quintodecimum non examinatus ex direccone producents./

Ad sextodecimum dicit et deponit: That to this deponents sight and knowledge the arlate Anthony
was imprisoned in the Castle at Zante in a loathsome place and remayned the
by the space of twoe dayes (ut credit) by the procurement of the arlate Hall
as hee likewise beleiveth, And was afterwards by the same meanes and procurement
cast into the great Gallion and there chained to a gunne and there detayned
aboute 15: dayes and there became very sicke to this deponents sight and
knowledge aliter pro parte sua dicit quod nescit deponere./

Ad septimodecimum dicit et deponit That he verily beleiveth That during all the time
That the arlate Anthony remayned in prison on board the Gallion aforesaid
hee had not any allowance at all, not so much as bread and water but what
hee payde for himselfe, reddens raconem [?Codden] sua dicit because that hee
this deponent had beene in slavery in a galley somewhat before and had
not any allowance at all but what hee brought ut dicit, But what charge
the arlate Anthony was at this deponent sayeth hee knoweth not but
sayeth that ffor his owne pticuler hee would not undergoe the like tyme
in the like slavery for 55li lawfull mony of England aliter dicit quod
nescit deponere./

Ad duodevicesimum dicit quod refert se ad praedeposita proper eum ex [?praedictis] articulos qua credit [?XXXX] vera aliter nescit deponere

Ad undevicesimum dicit et deponent That the arlate Hall did [?XXX] leave the said Anthony
bounde in the greate Gallion aforesaid and crossed on from Zant to the
Barbary shoare for 2 or 3 dayes and then returned againe And this deponent
beleiveth that he would have left the said Anthony as a slave dureing his [?life]
if hee might have had his will aliter nescit deponere./

Ad vicesimum dicit quod refert se ad praedeposita proper eum 30 articulos libellate (?quod]
creddit esse vera) aliter nescit deponere./

Ad vicesimum primum dicit et deponit: That the arlate Anthony and his servant, served the said duke of
Venice  uppon his warlike imployment by the space of 14: monthes as is [?XXX]
and this deponent beleiveth that the said Anthony and his said servant deserve
(all
~~~
HCA 13/57 f.103r Annotate [CHECKED]

103

all that tyme might have earned and recived 6li proper moneth in case hee had voluntarely shipped himselfe in the duke of Venice service aliter pro parte sua dicit quod nescit
deponere./

Ad vicesimum secundum pro parte sua dicit quod nescit deponere./

Ad vicesimum tertium dicit quod refert se ad praedeposita proper eum tertium articulos huius libelli (quae credit esse vera)
aliter nescit deponere./

Ad vicesimum quartum pro parte sua dicit quod nescit deponere. saving That at Zaphona there was
a quarter Caske of Currants and a good quantitie of [?Liquioras] laden and
putt on board the shippe the Pleyades by the said Anthony to be transported
from thence to this port of London for the said Anthonyes account

Ad. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. et 35. non examinatus ex direccone producents/

Ad tricesimum sextum pro parte sua nescit deponere aliter qua supra./

Ad tricesimum septimum  pro parte sua nescit deponere ut dicit /

Ad tricesimum octavumnon exaiatr ex direccone producents./

Ad tricesimum nonum nescit deponere./

Ad quadragesimum dicit quod refert se ad Regimen huius Curiae, aliter nescit deponere.

Ad quadragesimus primum refert se ad iura

Ad quadragesimum secundum dicit quod credit [?XXX] Hall esse [?XXX] huius regni Angliae prout arlatum.

Ad ultimum dicit praedeposita proper eum esse vera./

signum Tho: 'TP' Powell [MARKE, RH SIDE]

Idem ad interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee cometh to bee examined at the request of the producent
aliter negative

Ad secundum satisfacta et quoad offican [?suum] in nave interrogate quod [?sibi] said [?nec] [?certum]
[?nec] [?producent] quo non [?declaravit] [?haec] producents: aliter nescit.

Ad tertium et quartum respondet quod refert se ad praedeposita proper eum libello in hac causa data et ad sci
quae credit esse vera aliter nescit respondere./

Ad quintum refert se ut supra aliter nescit respondere saving that the complaint interrogate
was made after the shipps Company had given upp their names and after the said
Hall had lett his shippe to the Duke of Venice./

Ad sextum respondet quod refert se ut supra aliter nescit respondere./

Ad septium respondet That he is in suite with the interrogated Hall at present uppon the
like occasion, aliter negative./

Ad octavum respondet quod refert se ad predepoita proper eum lila pi libelli prd qua reddit
esse vera aliter nescit respondere./

Ad octavum nescit proper recto respondere./

(Ad decimum
~~~
HCA 13/57 f.103v Annotate [CHECKED]

Ad decimum respondet That the interrogate Hall was conselled by his mate to
leave the interrogate shippe at Blackwall and that hee refused so to doe.
aliter nescit respondere./

Ad undecimum nescit respondere./. saving hee beleiveth very few shippes of the
Pleyades burthen come so farr as deptford before they are unlivered./

Ad duodecimum non concernit hunc [?reddentem]

Ad tertio decimum respondet That he never sawe the interrogate Anthony disorderly, in drincke,
or quarrellsome or as is interrogate../
'TP' [MARKE, RH SIDE]
----
1o Junij 1641.

Cartwright contra de)
Budd [?Cresh].)

Willimus Duncombe Civitatis London mercator aetats
29. annorum aut eo circiter testis in hac causa productus iuratus
examinatus dicit et deponit prout sequitur videlicet./

Ad primu ponem allegaconis ex parte Budd in hac causa datus et admissa
dicit quod nescit deponere./

Ad secundum et tertium ponens dicto allegationis et schedulae in eisdem mentionata dicit et deponit.
That the arlate [?Gaven] Davyes) did assigne and sett over all his title or
interest in a Certaine bill or ablegacon or somme of mony therein [?menconed]
[?XXXXXXXXXXXXXX] unto all men for there [?XXXX] that [?Jowen] Davids [?et ?sua ?tempXXX] dated, 3 of March 1633 unto the arlate Reason Chapman which full power to sue for [?XXXX] and
receive the somme of 1330 rubbles therein menconed which this deponent
sayeth hee knoweth to bee true for that he this deponent drew the originall
draught of the said of the said Assignment; And for that haveing seene the said Assignment exhibited now shewed
unto him at the time of his examinacon hee findeth his name
subscribed thereto (as a wittnes written with his owne hand, And hee
further sayeth That he verely beleiveth that the arlate John Cartwright
did really pay and satisfie unto the said Reason Chapman or his Assigne
his third partt of the said 1330 rubles for the 83 [?XXXX] and odd pounds of
tobaccoe aforesaid Because he heard the said Reason say and Confesse that he
had received the remaynder of Cartwrights mony in Jewells or rings
which acknowledgment was so made aboute 3 yeares since
And he further sayeth That having
seene the other writeing [?sua ?XXXX] Be it knowen unto all men by
these presents That we [?Dr] Arthur ded et [?XXXXXXXXXX] 28th day
(of
~~~
HCA 13/57 f.104r Annotate [CHECKED]

104

of January Anno domini 1633. shewed unto him at the tyme of this
this examinacon and seeing the names of William Chamber, John Burrell
and Harman Marston thereto subscribed as wittnesses he verily beleiveth
that the said respective names are written with proper and respective
hands of the said parties, for that he is very well acquainted with their
Characters aliter pro parte sua ad humoi pones et sched in [?eisem]
menconat dicit quod nescit deponere./

Ad quintum et sextum pones et sched in eisem menconat nescit respondere aliter
quam referendo se ad praedeposita et subsequentia

Ad septimum ponem dicto allegaconis et sched in eadem menconat dicit et deponit/
That haveing seene the said exhibit or accompt shewed unto him at the tyme of this
this examinacon hee findeth it to be subscribed with the names of John
Osborne, Reason Chapman and Spencer Breton every of whose
Characters this deponent sayeth he is very well acquainted with and
verely beleiveth that the said accompt or exhibit is subscribed with theire
proper hands aliter pro parte sua dicit quod nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera./

William Duncumbe [SIGNATURE, RH SIDE]

Repetit et cetera coram doctore Sames
Surrogato et cetera
----
2d Junij 1641

Otgar contra Brame)
Budd. Smith)

Jacobus Smith parochia Sancti Mathei ffryday streete London
Salter etats 56: annorum aut eo circiter testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur videlicet./

Ad primum 2. 3. 4. 5. 6. 7. 8 pones allegaconis ex parte Budd in hac causa
datus et admissa non examiniatur ex direccone producents.

Ad tertium ponem dicto allegaconis dicit et deponit: That he this deponent was
one of those that viewed looked over and estimated the valew of the twoe fatts

of them arlate at the house of one Mris Mary du Boys: and sayeth That 700 and a halfe weight thereof was very much
damnified and wett with sea water and that 500 weight thereof was not worth at
the most one third part of the valew that the dry hempe was woole, And that
the remaynder being two hundred and a half not is worth but one halfe of the
valew of the dry her, which day them this deponent and others did exteene and
vale at at 4li tenn shillings the hundred weight and that uppon 500 weight there is
dannge 3li per hundred as by a Certificate under the hands of this
(deponent
~~~
HCA 13/57 f.104v Annotate

and
deponent, and others under the hands shewed unto him this deponent at
the tyme of the this exaiacon to which hee more particularly refereth himselfe
doth appeare et aliter ad humoi ponem pro parte sua dicit quod nescit deponere

Ad decimum dicit quod nescit deponere aliter qua supra saving That he this deponent
subscribe his name to the schedule arlate and sayeth that xxx xxxxx
John Box and John Scrafton thereunto alsoe subscribed did likewise
with theire names in this deponents psence And that the Contents of the
schedule are all true./

Sup reliquis non exaiminatur ex direccone producents

James Smyth

repetit eadem die cora d: Sames
Surrto
----
eadem die./

Otgar contra Brame)
Budd. Smith)

Jacobus Sands parochia Sancti Botolphi Belinsgat London
ffactor etats (quasi) 54 annorum testis in hac causa productus
et examinat dicit et deponit prout sequitur videlicet.

Ad primum 2. 3. 4. 5. 6. 7. et octavum pones dicto allegaconis non exaiatr
direccone producent.

Ad tertium et decimum pones dicto allegaconis et sched eadem annex dicit et
deponit That he this deponent being requested by John Brame master of
the arlate shippe the Rebecca went with him to the house of one Mrs
du Bois scituat in Saint Swithens lane London to demannde his
freight of the producent and sayeth that then and there hee this deponent
sawe the 2 fatts of hempe opened and did see that a great quantitie xxxx
thereof (videlicet more then the freight came unto) had taken wett and was
thereby much damnified aliter pro parte sua ad humoi pones et sched prd
dicit quod nescit deponere./

Sup reliquis non exaiatr ex direccone producents./

James Gard

repetit cam dicti contra
D Lawes Surrte and
----
eadem die.

Otgar Brame)
Budd. Smith)

Johannes Box paoa omni Storum Bredstreet London
Salter etats 45 annorum aut eo circiter testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur: videlicet.

Ad 1. 2. 3. 4. 5. 6. 7 et 8 peece allegaconis ex parte Budd in hac causa
et admissa non examinatus ex direccone producents./

Ad tertium pones dicto allegaconis et sched in dise menconat dicit deponent
That at the request of the producent he this deponent was one of them that
veiwed
~~~
HCA 13/57 f.105r Annotate

105

viewed and looked over the twoe fatts of hempe arlate at his the said Algars
house togeather with his prcontest James Smith and John Scrafton, And for
further sayeth That seaven hundred and a halfe not thereof was very much
damnified and wett which salt water and that 500 weight thereof was not worth at
the most a this part of the valew that the vey he was worth and that
the remayned being have hundred and a halfe not is moneth, but a halfe of the
valew of the day them which dry hem this deponent Togeather with his prcontest
James Smith, and the said John Scrafton vallewed att 4£ 10s: the C weight
so that uppon the said 500 weight there is damage 3£ p hundred As by the
schedule arlate to which this deponent referreth himselfe in more pticuler by
et appeareth, Et aliter qua referendo se ad sched prd nescit deponere savinge
that the said schedule was and is subscribed with the proper hand writeing
of him this deponent, and of the proper handwritings of his prcontest
James Smith and the aforesaid John Scrafton in this deponents prsence./
said that all the contents of the said schedule are true. aliter nescit deponere./

Ad undecimum dicit et deponitThat at the time that this deponent was at all the
producents house as aforesaid the article master of the arlate shippe the Rebecca was
present and then and there the said producent shewed the master the damage
that had happened unto the 2 fatts of ye arlate and required satisfaccon
whereunto the said master did yeild till hee found howe deepe the damage was
and then flew off xxxx and sayd he would come another tyme, But this
deponent, sayeth that he did not heare the said master speake of any storme
aliter nescit deponere./

Sup reliquis non exaiatr ex direccone producents./

John Box
petit cora direccon
Dibus Budd
----
Eadem die

Johannes Scraftton parochia Sancti Johannis Carlate Evangelista Watlingstreet
London Salter etats 32 annorum aut eo circiter testis in hac causa
productus iuratus et examinatus dicit et deponit prout sequitur videlicet.

Ad 1. 2. 3. 4. 5. 6. 7. et 8 ponem dicto allegaconis non exaiatr ex direccone
producents./

2

R E

Ad 9. et 10 pones dicto allegaconis et sched in dis menconat dicit
et deponit That he this deponent togeather with his contest James
Smith and John Cox at the request of the producents did was and

That
~~~
HCA 13/57 f.105v Annotate

that viewed and looked over the twoe fatts of her articulate at his house
the the
was very much damnified, and wett with sea water what 500 weight thereof
was not worth at the most one third part of the valew that the day by
was worth and that the remaynder being two hundred and a halfe not is was
but one halfe of the valew of the day them, which day hee this deponent and
his precontests aforesaid did valew, and estimate as in the schedule articulate
is Contented which to which this deponent referreth himselfe And sayeth
the said schedule is subscribed be and with the proper have winding of
him this deponent and likewise with the proper have of his said prcontests
James Smith and John Box in his this deponents presense, And that
all the contents of the said schedule are true aliter nescit deponere./

Sup reliquis non ext ex direccone producents./

John Scrafton

repetit eadem die contra
d: Sames Surrate./
----
4to Junij 1641

Marston et alj contra Russell)
et alios)

Jonathan Trevisa servus et Apprenticius xxxx
Thome
xxxxxxxx Lenthall mercatoris parochia Sancti Maria
Alt hill Belinsgate xxxx etats 22: annorum aut eo
circiter testis in hac causa productus iuratus et examinatus dicit
et deponit prout sequitur videlicet./

Ad primum arlum libelli ex parte Master in hac causa datus oblat et nescit
non exaiatr ex direccone producents.

Ad secundum arlum dicti libelli dicit et deponit That within the yeare and moneths
arlate (according to this deponents best remembrance) the articulate shipp
the Hopewell was lett to freight unto Thomas Lenthall this deponents
shipp
master and Company by the aforesaid producent ⁁ (as this deponent verily beleiveth) for
and Company
a voyage from this port of London unto some part or place in
Spaine to carry tobaccoes thither And this he sayeth he knoweth to be
true. aliter nescit deponere.

Ad tertium et quartum non exaiatur ex direccone producents./

Ad quintum arlum dicti livit sed a merca dicit et deponit
and Company
within the yeare and monthes arlate this deponents master Thomas Lenthall
did
~~~
HCA 13/57 f.106r Annotate

106

did (by himselfe or his ffactor) lade or cause to be laden and putt on board
the arlate shippe the Hopewell a good quantitie of tobaccoes made uppon
bass matts to be carryed and transported in the said shippe to some port or place
in Spaine and there to be delivered to their factors or Assignes for the proper
use and accompt reddens raconem deposicons sua ffor that this deponent saw
most of the said tobaccoes made upp and likewise sawe letters written by his
master xxxxxxxxx to his ffactor in Spaine which did import that the said
tobaccoes were to be brought thither in the said shippe the Hopewell But
whither the said tobaccoes were carryed and transported unto Spaine on the
arlate shippe the Hopewell or not this deponent sayeth hee knoweth not aliter
ad in p arlum et sched dicit quod nescit deponere./

Ad 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. et 16. articulos dicti libelli non exaiatr ex direccone
producents.

Ad 17 arlum et sched prd dicit et deponit That he this deponent very well remembreth That he hath
seene a letter which came xxx xx from Sivill in Spaine from the arlate
Lenthalls
Xxxxxx ffactors there importing That they had sould uppon the delivery without
at
the Barr ⁁ of Saint Lucar at sea above the number of 50000lb: wt of tobaccoe
at 3 rialls per pounds cleare of all charges as is arlate, but whether this
letter was before such tyme as this arlate Marston Lenthall and Company did lade and
putt on board the shippe the Hopewell the wares and merchandizes schedulated
or afterwards this deponent sayeth hee certainly rembreth not aliter nescit
deponere./

Ad tertio decimum. 19. 2. 21. 2. et 13 non exaiatr ex direccone producents./

Ad vicesimum quartum dicit quod nescit deponere, saveing that this deponent, haveing seene the
accounte in the booke readie cast upp some that the arlate Marston and Company
had beene at the charge of packeing and unpacking and other charges about that
busines to the some of All xxx and vis vid, aliter nescit deponere./

Ad. 29. 26. 27. 28. 2. 3. 3. 32 non exaiatr ex direccone producents.

Ad 33 dicit quod refert se ad predepoita proper eum qua credit esse vera aliter nescit /
deponere./
Sup reliquis non exaiatr ex direccone producent
Jonathan Trevisa
Idem ad Interrogatoria./.

Ad primu satisfaction est Et xxxxx respondet prius aliter respondet negative/

Ad
~~~
HCA 13/57 f.106v Annotate

Ad secundum respondet negae./

Ad tertium nescit respondere./

Ad quartum non concer at him rendente

Ad tertium pro parte sua nescit respondere./

Ad sextum nescit respondere/

Ad septimum non concernt huc respondet

Ad octavum non concernit et rendente

Ad tertium non conce at his rendentem./

Ad decimum pro parte sua nescit respondere/

Ad 11 ren conce into suit rendent.

Ad duodecimum non concernit Tarr rendent./

Ad tertio decimum pred neere./
interrogate

Ad quartodecimum respondet quod non concerneing rendente

John Trevisa
----
adm die

Marston et alj contra)
Russell alios)
Tornish)

Johannes Vincent de Grayes Inne in comitatu Middlesex
gen etats 26 annorum aut eo Cicciter testis
hac causa productus iuratus et exaiatus dicit et deponent
prout sequitur videlicet.

Ad primum 2. 3. 4. 5. 6. et septimum articulos li ex parte Marston et
sociorum in hac causa datus oblat et admissa non exaiatr ex direccon
producents.

Ad octavum dicit et deponent That he this deponent was imployed hee
arlate Marston and Company in the Court of Exchequer about the
busines and Company and sayeth That the said Marston and Company (where
claimed apprietie in the shippe the Exchange of Ipswich as Owner of her
did expend in the said Court of Exchequer and for Consellors xxx
and other necessarie charges xxxxxxxx in defence of the said same
against the informacon of one John Bradeing whoe informed
and fortune uppon a pence of transportinge of but the foresaid
ad lawfull any of England at the least which this deponent hee
the better knoweth, ffor that hee payde the Consellers for, and
and fees of Court which amounte to so much at the least aliter ad hxxx
arlum dicit quod nescit deponere.

Sup reliquis non exaiate direccone producents

John Vincent [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.107r Annotate

107

Anthonye

Ad sextodecimum deponit et dicit That after the said Hall had soe beate the
arlate Anthonye ut predeposuit hee did as this examinate conceiveth out
of malice and havred which hee bere him cause the said Anthony to
bee put in prison in the Castle and Zante where hee laye in prison
by the space of 3 dayes and mights togeather bounde aboute the middle
with a chaine and his hands mannacled when hee went firste to prison
and afterwards was put into the greate Gallioone there and chained
faste to a gunn for the space of 15 dayes togeather in a very puttisue
and lamentable manner in soe much that the said Anthony begann
at laste to grewe and was very sicke and weeke and was like to die
wholeste hee was fastened by the chaine to the gunn in Gallioone
the
aforesaid And this hee affirmeth uppon his oath to bee true for that
hee this examinate every daye sawe and spoake with the said Anthonye
dureinge the tyme hee was in prison and in the Gallioone aforesaid/
Al aliter nescit /

Ad septimodecimum pro parte sua nescit saveinge that the said Anthonye dureinge
the tyme of his imprisonments aforesaid had noethinge at all allowed
him and victualls hee saieth were there very deere soe that hee beleeveth
the said Anthonye could not expen lesse then 4 or 5 pounds
sterlinge for his rehouse releife And soe much hee beleeveth hee did
expend dureinge the tyme aforesaid Al aliter

Ad decimum salvis predepoitis pro parte sua nescit deponere, saveinge
that hee this examinate would not willingelye suffer soe much as the said Anthony
did by the said Halls meanes for the sume of one hundred
pounds sterlinge./

Ad undevicesimum pro parte sua nescit deponere saveinge that the arlate Hall
would have gon awaye to sea and have lefte the articulate Anthonye
mrchaines in the Gallioone arlate had it not bine for the said
shipps Companye whoe refused to sett saile without him

Ad vicesimum refert se ad predepoita et aliter nescit /

Ad secundum pro parte sua nescit deponere saveinge that the arlate Anthony
was in all by excepteinge the tyme of his imprisonment)
in the Duke of Venice his service by the space of 14 monethes
and hee beleeveth hee mighte have had more then hee had
for such his service in case hee had hired himselfe /

Super reliquis arlis dicti libelli non exatur ex direccone./

ad Interrogatoria.

Ad primu respondet That hee cometh to testifie in this cause at the
requeste of the partie producent Et aliter negative./

Ad secundum respondet that hee was one of the trumpeters of the interrogate
shippe the voyage interrogate et aliter negative./

Ad tertium refert se ad predepoita et aliter preserte sua nescit /
and man

Ad quartum respondet That as hee hath heard it is an ordinary thinge for
English shipp to serve the duke of Venice but not without the same
dule came, and therein in the shippe when the time them
the said Dukes service when the wyndes was lett out, and the said
(all
~~~
HCA 13/57 f.107v Annotate

Hall did allowe his Companye but a monethes paye and a halfe
over and above theire ordinary paye for theire service aforesaid

Ad quintum refert se ad predepoita et aliter nescit saveinge that the
were above twentye of them that refused to serve the Duke of
Venice, but the names of them hee remembreth not but saieth that
were moste of them the cheifeste officers in the said shippe

Ad sextum refert se ad predepoita et aliter nescit saveinge that the
interrogate de Riva was Captaine and Comander of the which
shippe whileste shee was in the Dukes service

Ad septimum pro parte sua respondet negative./

Ad octavum respondet That the interrogate Hall is in this rendents iudgement
a very able and sufficient seaman and untill hee was distemped
with drincke did alwayes carry and behave himselfe well and quietlye

Ad octavum pro parte sua nescit respondere, saveinge hee beleeveth the said
stall was parte owner of the interrogate shippe the voyage in question

Ad decimum pro parte sua nescit beinge not in her when shee was coste
awaye nor longe before./

Ad 11 respondet That hee beleeveth shipps of as bigge burthen as the
Plyades is of have with theire ladeinge come upp as highe as
deptford to deliver aliter nescit /

Ad duodecimum non exatur

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

Thomas Hessell [SIGNATURE, RH SIDE]
----
7º die Junij 1641

Anthony contra Hall)
Budd Smith)

Anthonius Anslye de Lymehouse in Comitatu Middlesex nauta
agens 40 aut eo circiter testis in hac parte productus, iuratus, et examinatus
deponit et dicit quod Johem Anthony partem producentem proper spatiu
examoru ultimum etaps at Jacobu Hall partem contra quam productus
spacin true annoru paul plus relimus respective novit ut dicit

Ad primum arlum libelli ex parte Anthonye in hac causa datus et admissa deponit
et dicit That within the tyme arlate the articulate hall was master and
Comander of the articulate shippe the yardes and had the goverment
comannde of her which hee knoweth to bee true beinge one of her
Companye within the said tyme. Al aliter pro parte sua nescit /

Ad octavum pro parte sua nescit saveinge that the arlate Anthonye for all the tyme
examinate did belonge to the articulate shippe the yards which was for the space of
monethes now after her arrivall at Saint Lucars the arlate Anthony of
belonge to her and for all that tyme did carry and belie his
faithfully, solelye and houslye and followedge his laboure and die
onelye and soe performed his office and place in the said shippe
aliter nescit /

Ad octavum rent et dicit That whilest the articulate shippe the lesse
remained at Venice the articulate hall the master and Comannder of the
lett hee out to serve the Duke of Venice in warlike moneth
her Company received when they were came to put out or to and hee
to take in xx laste, and hee soe lett her out without the knowledge in the
~~~
HCA 13/57 f.108r Annotate

108

of him this examinate or any other of the said shipps Company ut credit for that as
soone as they knewe thereof they wyned togeather moste of them and made
theire complainte to Englishe Agent there resident and founde faulte
xxx that
therewith, and the said Hall ⁁ had comminglye wroighte with all or moste of the
Companye to give upp theire names to the one of the Dukes officers
allegeinge before they had any suspicion of a warlike designe allegeinge
and tellinge them that they were onelye to carrye souldiers and
municon from Venice to Corfue and noe otherwise And this hee affirmeth
uppon his oath to bee true hee beinge one of the said shippes company
et decimum
at the same tyme and one of these that quantined Et aliter nescit./

Ad tertium deponit et dicit That uppon the complainte made to the Agent aforesaid
of the said all practise
one of
the Agent seemed to him this examinate hee beinge ⁁ the principalls of the complaine
therewith
to be discented and examinate and to beleive the said Hall, and as distake
thereof, but this examinate and the reste of the Complainers beinge desires
as lofth and not willinge to under take the same
bee cleered and dismiste and from that service ⁁ the said Hall and delived
them to undertake they same for a tyme and did further
alleage and affirme that if they would serve but for the space of fower
monethes hee would then dismisse them and free them of that service
hee
and soe much the said Hall did promise and undertake to doe before the
witnes
said Agente and to that purpose gave a noate under his hand signed
as with by the said Agent and one signior Rxx Retaine a mrchante
And this hee affirmeth uppon his oath to bee true At aliter nescit saveinge
that as hee heard the said Hall was to receive paye for the service of the said
should hee
shippe and Companye at 4 monethes ende for as many monethes as shee
was in the said Duks service

Ad tertio decimum pro parte sua nescit deponere./

Ad 16 deponit et dicit That whileste the articulate shippe the Plyades was and
remained at Zante dureinge the voyage in question this examinate beinge at that tyme
sicke a shoare and the articulate Anthonye comeinge to him to minister xxxx
phisicke to him, hee the said Anthonye as this examinate afterwards heard was
by the articulate Halls meanes taken and carried to prison and there laye
for a whole in a puttifull manner and afterwards taken out of the prison
and put aboard the greate Gallioone arlate and there kepte in chaines by
the space of 14 or 15 dayes in a very hard manner, And this hee affirmeth
man
said Anthonye
uppon his oath to bee true whoe often tymes spoake with the said Anthony whileste
the was in chaines aboard the said Gallioone and heard him much compaine
of his said usuage Al aliter nescit saveinge the said Anthonye did looke and
complaine as if hee had bine very sicke and all other hee was released againe

Ad 17 nescit saveinge that for all the tyme aforesaid videlicet of the said
Anthonyes detencon aboard the said Gallioone hee had noe allowance at all but
allowed him
breade and water more then what hee boughte at his owne chardge or
what good people bestowed uppon him

Ad decimum deponit et dicit That in this examinats iudgement the articulate Anthonye in
the losse of his practise hee nighte have had a shoare dureinge the tyme of
hee
his imprisonment and detencon aboard the said Galloone and losse of goodes
which loste in that tyme, and the discredit, or dispace, which hee they
did thereby undergoe hee beleeveth
suffered the beleeveth hather suffered damage of the sale of hee
but howe much hee knoweth not
Andred only soe bought hee hath suffered greate damage and that
hee had rather have given one hundred poundes then have done as hee did
which hee conceiveth came by the arlate Halls meanes Al aliter nescit /
~~~
HCA 13/57 f.108v Annotate

and

Ad tertio decimum vicesimum et 2 refert se ad predepoita et aliter pro parte sua nescit

Super reliquis non exatur./

ad Interrogatoria./

Ad primu Interria respondet That hee cometh to testifie in this cause
at the requeste of the producente et aliter negative/

Ad secundum respondet That when hee firste came into the said shippe the
was hired for Boatswaines mate of her but afterwards was one of the
Gonners mates of her et aliter non concernit huc rendentem

Ad tertium refert se ad predepoita et aliter nescit /

Ad quartum respondet That as hee hath heard it hath bine a usuall the
for English shipps and men to serve the Duke of Venice but nowe
but such as were willinge to undertake the same and there was another
entertained into
by in that
Englishe shippe in the Ducks service whileste the Plyades entered not
that service Al aliter nescit /

Ad quintum respondet That the dislike which was made of the Dukes service was made
at Venice when the Duks Captaine came aboard and told them what is
done and what service they were to goe uppon and the complainers were
this respondente, John Miller gonner, Thomas Waker Carpenter, John Clarke
Boatswaine Martyn Boates Cooke, and others whose names hee cannott at
present remember but thincketh the foresaid Anthonye was one Al aliter referend
said ad predepoita nescit

Ad sextum refert se ad predepoita et aliter nescit saveinge that the interrogate de
fiva was Captaine or Comander of the said shippe the Plyades after
shee was entered into the Dukes service

Ad septimum pro parte sua sua respondet negative et aliter nescit saveinge that hee this and
hath goode cause enoughe to complaine againste the interrogate Hall for insueinge
of him, but cannott tell yet whether hee shall proceede againste him for the same
or not/

Ad octavum pro parte sua nescit saveinge that the said Hall the voyage in question
whileste shee was in the Duke service
all the tyme this rendente belonged to the said shippe was a very disordered man
and much given to whore done and druncknesse

Ad nonum pro parte sua nescit respondere./

Ad decimum nescit beinge not in her when shee came upp./

Ad undecimum nescit./

Ad duodecimum non fruit huit rendentem./

Ad tertio decimum refert se ad predepoita et aliter pro parte sua nescit saveinge
that hee hath seene the said Anthonye some what distemped with done
but never sawe or heard that hee was as is interrogate

furthou Hinely

recod primu 63 p interrogate/
~~~
HCA 13/57 f.109r Annotate

Z

109

2s

24º Maij 1641

Woodward et alj contra Brandt)
Mercatorem)

3s

Woodward

Richard Herman of the parishe of Saint Bartholmewes neere the
Royall Exchange London Barber Chirurgeon aged aboute 48
yeares sworne before the worshipfull Doctor wyne Surrogate
to the righte worshipfull Sir Henry Marten knighte Judge of his Majesties highe
Courte of the Admiralty being examined uppon certaine interrogatories
ministred to him on the behalfe of Richard Woodward and Company
saieth thereto as followeth videlicet/

To the fifte Interrogatory hee saieth that hee this examinate had a brother in Lawe
called John Bollard that was Purser of went out purser of the
shippe the John and Thomas when shee went out from this Porte of
London outwards bounde, whoe uppon the said shipps arrivall at
Genoa the voyage in question or some other parte thereabouts writt him
a letter thereof a coppie of which letter this examinate delivered to master
Richard Woodward one of the producents for whome hee is nowe examined
to which hee referreth himselfe and otherwise then what is contained in
that letter for his parte hee cannott depose to this Interrogatory but the
tyme when hee received that letter or what is since became thereof hee
saieth by vertue of his oath hee knoweth not./

To the sixte hee saieth That aboute fower monethes since the tyme more
certainelye hee remembreth not hee this examinate had some speech
were of hee sayd
whoe of hee sayd
with an old man that came from the said shippe the John and
Thomas after her shee came to Genoa, and hee tolde him this examinate
amongste other things that neither hee nor any other of the said
wheither the said shipp was
intended
shipps Company to his knowledge knewe where the said shippe was
at leaste wheither shee was intended reallye untill for Genoa or not
untill they came almoste theither, and therefore this examinate beleeveth
inserte
for his parte that the said Marcke Brandt nor any other of the
under him had any notice, advise information, sealonsie or
suspition that the said shippe was gon for Genoa or intended
theither (there beinge many passingers xxx where was hee was tolde
and hath heard had saied xxxxxxxxxxxx England from
the Barbadoes untill such tyme as it was generally reported shee was
gone theither and that hee had received letters intimateinge soe much

To the reste of the interrogatories hee is not examined./

Richard Penna
~~~
HCA 13/57 f.109v Annotate

25º Maij 1641

Marston andr Dm)
Russell.)

Edwardus Walker de Stepney in Comitatu Middlesex nauta annos
agens 45 aut eo circiter testis in hac parte productus, iuratus et
examinatus deponit et dicit prout sequitur videlicet /

et 2 et tertium

Ad primu preta alluis ex parte Marston et soe extuaged in hac
parte datus et admissa deponit et dicit That whileste the arlate
shippe the Hopewell was detained in the Downes by Sir John
Penington and kepte from proceedinge to sea on her outwards voyage
and manye other tymes before the
videlicet uppon the 11th day of November Anno 1638 arlate the
wynde was faire to carry shipps out of the Downes to the Southward
which hee well knoweth to bee true for that hee this examinate beinge
then master of a certaine shippe called the Angell of London
and stayeinge in the Downes for the Companye of the said shippe
the Hopewell sawe tenn or eleaven saile of shipps that laye the
in the downes bounde to the Southward that the 11th of November
aforesaid in the morninge sett saile and sailed or departed out
of the Downes, and the same daye in the afternoone the
shippe called the Resolucon of which one William Johnson was
master alsoe sett saile and departed out of the Downes bounde
for the Streights, and hee this examinate had alsoe sett saile there hee
xx the same daye in case hee had not stayed and in sixes
to have envoyed the Companye of the said shippe the Hopewell
At aliter nescit saveinge that hee this examinate stayed in the Downes untill
the 11th daye of November aforesaid for the Companye of the
said shippe the Hopewell, and then heareinge or findeinge that she
noe
there was likelyhoode of her release this examinate departed therehence
owards uppon his voyage to Cales and Saint Lucars and lefte the
said shippe and whileste hee line this examinate stayed in the Downes
there were certaine other shipps that passed throughe the Downes
to the Southwarde with a faire wynde and made noe staye the
at all./

Edward Walker
----
26º Maij 1641

Marton and dr)
Russell)

Georgius Snellinge de Saint Olaves in Burgo de Southwarcke
mercator annos agens 37 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur videlicet/

Ad vicesimum octavum arlu libelli ex parte Marston et socioru in hac causa datus et
admissa deponit et dicit That to this extes knowledge the arlate
shippe the Hopewell hee verilye beleeveth was and is of the burne
of twoe hundred tonnes and well worth to bee left to fraighte of
the rate of 55£ proper moneth the ffraighters to victuall and the
ffebruary were
giveing a reason of such his beleife for that in theired of the
the voyage in his was given able were in the the the
one master Edward Tompson and partners did the the said ship
to
~~~
HCA 13/57 f.110r Annotate

110

to fraighte of the owners thereof for a voyage to Saint Christophers
and did convenante and agree with the said owners of her to paye and
allowe them after the rate of 55£ proper moneth they the ffraighters to
victuall and man) and the owners thereof did assure the said
shippe to bee of the capacitye of twoe hundred tonnes little more
or lesse, and in that voyage the said shippe did transporte
and bringe from Saint Christophers to this Porte of London to the
forty fower
quantitye of three hundred and fifty ⁁ thousand pounde weighte of
tobaccoe little more or lesse belonge for the accounte of him this
examinate and partners or Companyes besides what the marr
master and marriners had in theire Cabons and Chests and
hee this examinate and Companye payd for the said shippe the voyage and aforesaid and for his parte
after the rate of 55£ proper moneth ⁁ hee this examinate in case hee had
occasion for the use of the said shippe againe, hee this examinate would
willinglye give for the said shippe hee to victuall and man
and the reason thereof is for that hee conceiveth her to bee of the
burthen of 200 tonnes and very well able to carry twoe hundred
tonne of goodes and to bee reallye worth 55£ proper moneth ut predeposuit/
Al aliter pro parte sua nescit /

Ad 29 pro parte sua nescit deponere saveinge that the arlate shippe
the Hopewell to this examinats nowe beste remembrance did enter into
paye in ther the service of him this examinate and Companye uppon
the xxth daye of ffebruary arlate after the rate aforesaid./

Super reliquis arlis non exatur ex direccone

Ad Interrogatoria./

Ad primu quoad pericula periurij et fase falsidia testis fit quod
petitur et aliter negative./

Ad secundum negative./

Ad tertium pro parte sua nescit saveinge that the after the said shippe
was stayed there was a rumor spreade abroade but howe or wherefore
hee knoweth nor by whome that the said shippe was bounde for
Barbary the voyage in question/

Ad 4. 5. 7 et 8 nescit /

Ad nonum refert se ad predepoita et aliter nescit /

Ad decimum refert se ad predepoita et aliter nescit /

Ad 11. 12. 13. et 14 respondet negative et aliter pro parte sua nescit /

George Snellinge
----
die pred [CENTRE HEADING]

Marston contra)
D Russell)

Andreas Kinge de Saint Maria Le Royall London mercator
annos agens 32 aut eo circiter testis in hac parte productus iuratus
et examinatus deponit et dicit prout sequitur videlicet /

Ad undevicesimum arlu libelli ex parte Marston et soc in hac causa datus et
or about
admissa deponit et dicit That in the moneth of November
examinate
Anno 1638 tempus aliter xxx non recolit hee this ⁁ at Cales in
Spaine did sell tobaccoe which came from the Englishe
~~~
HCA 13/57 f.110v Annotate

plantacons at videlicet Virginia at and other places thereabouts after the rate
of 22d x proper pounde videlicet to the quantitye of fortye thousand pd
weighte and then there was greate want or scarcitye of that sorte
or kinde of tobaccoe there. and therefore hee verylye beleeveth
such tobacore as the tobaccoe hee hath heard and beleeveth the
tobaccoe arlate was of would have produced or yeelded at
Cales aforesaid in Januarye followeinge after the rate of 22d
16d proper pounde at leaste there beinge a wante or scarcitye of
tobaccoe there at that tyme And this hee affirmeth uppon his
oath to bee true At aliter pro parte sua nescit /

Ad 21 deponit et dicit That in or aboute the begininge of May
1639 Englishe stile there was to the quantitye of one hundred
thousand pounde weighte of tobaccoe little more or lesse of the English
plantacon broughte and dischardged at Sivill in Spaine which
tobaccoes came out of the shippe the Prudence Thomas
Breadcake Master, and the Assurance Isaacke
Bromwell master then at Saint Lucars which hee knoweth to
bee true for that hee this examinate had goodes the same voyage
out of the said shippe the Prudence, and sawe the said tobaccoe
before by him deposed of landed at Sivill and putt into the
Customehouse there, Al aliter pro parte sua nescit saveinge that hee
as hee was there then informed that tobaccoe did belonge to one
mr Lenthall of London merchante and partners./

Super reliquis non exatur/

ad Interrogatoria./

Ad primu quoad pericula perus fit quod petitur et aliter negative/

Ad secundum negative./

Ad tertium nescit/

Ad 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. et 14 pro parte sua salvis predepoits
qua se refert nescit respondere et aliter negative./

Andrew King
----
27º May 1641

Balley contra Lucas)
Budd Yeo)

Chrispian Hooper de Weste Alvington in Comitatu
Devonia mercator annos agens 24 aut eo circiter testis
in hac parte productus, iuratus et examinatus dicit quod Johem Ballye
partem pROducentem proper spaciu sex annoru ultimum etaps bene novis
ut dicit et Richa Lucas partem contra quam productus proper
spaciu fere duoru annorum ultimum etaps aut eo circiter etia novit ut
dicit./

Ad primu secundu et reliquos articulos libelli ex parte Ballye in hath
sua datus et admissa deponit et dicit That or aboute the moneth
of Aprill laste was twelve monethes within the tyme arlate he this
(examinate
~~~
HCA 13/57 f.111r Annotate

111

examinate beinge then a ffactor at Saint Malloes in ffrannce did there
lade or cause to bee laden aboard the articulate shippe the Exchange of
which Richard Lucas was then master for the accounte and
adventure of the articulate John Bally twelve Pattons of dowlas
to bee transported therehence in the said shippe to Saint Lucars in
Spaine wheither shee was then bounde for the use and
adventure of the said Ballye and those twelve pattons of
dowles coste and stoode this examinate in at Saint Malloes aforesaid where
they were laden and where this examinate boughte them for the said Ballye
fower hundred and eightye poundes sterlinge and soe much and
more they were well worth at the tyme of the ladeinge or
delivery of them aboard the said shippe the Exchange and the said
Lucas the master of the said shippe did pmise and undertake
to and with him this examinate faiethfullye and safelye to deliver or
cause the said Pattons of dowlas to bee delivered to him the said
Ballye or his ffactor or assigne at Saint Lucars aforesaid and to
that intente and purpose did signe to him this examinate 3 bills
of ladeinge And this hee affirmeth uppon his oath to bee true At
aliter pro parte sua nescit saveinge that the said shippe the Exchange
when shee came to Saint Malloes aforesaid as the Company and others
of her told him this examinate came theither from the Barbadoes
and that there were tobaccoes in her for the accounte of the
foresaid Ballye which were alsoe to bee transported in her to Saint
Lucars aforesaid for his the said Ballyes use and accounte and the
hee this examinate at Saint Malloes aforesaid whileste the said shippe laye there
spoake with one John Deane whoe sayd hee was the said Ballyes ffactor at
the Barbadoes and came therehence to Saint Malloes in the said
shippe the Exchange and was alsoe to goe in her to Saint Lucars and
hee told this examinate that there was to the quantitye of twentye
thousand pounde weighte of tobaccoe belonginge to the said Ballye
then aboard the said shippe to bee transported in her to Saint Lucar
aforesaid for the said Ballyes use and accounte and the dowlas
aforesaid laden by him aboard the said shippe for the said Ballye accounte
was marcked with the marke in the margente, and accordinge to
the advise and intelligence that hee this examinate at th ⁁ and before
had from Spaine at
the ladeinge of the said dowlas aboard the said shippe the same
would have yeelded and produced to the said Ballye five hundred
and fortye or five hundred and fifty poundes sterlinge in case the
same had there safeley arrived and bine delivered accordinge to
bill of ladeinge

Crispin Hooper
~~~
HCA 13/57 f.111v Annotate

27º May 1647

Smarte contra Stocombe)
et Hooper Budd)
Yeo)

1s

Allanus Ruddocke de nova Castro infra Comitatu Northamber
nauta annos agens 40 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit

contra quas productus proper spat duo annoru at ultra etia novit./

Ad tertium arlu libelli ex parte Thoma Smarte in hac causa datus et admissa
deponit et dicit That within the tyme arlate there was laden
aboard the shippe the Rebecca of Newcastle of which this examinate
then was and still is master at a place called the Pallowe in
Prussia there were laden aboard twentye lasts of flaxe by the
articulate Evan Lamberte since deceased to bee transported therehence to this Porte
of London, which were accordinglye broughte therehence to this Porte
of London and here delivered all but twoe of the said lasts which were solde at dispose
Elsanore by the said Lamberte for and towards the Customes there to
bee payd for the said goodes And this hee affirmeth uppon his
oath to bee true At aliter pro parte sua nescit/

Super reliquis arlis dicti libelli non exatur ex direccone
quod Thoma Smith
proper spacia vis ann at ultra etaps novit, et ptes respective

Signum Allen
----
Ruddocke

1

Idem ad alluem apud acta tertium Sessene Pascha 1644 die Marchis
25 die meas Maij 1641 in causa pred fast et admissa deponit

et dicit

2s/

That he this examinate by the direccons of the foresaid Evam
Lamberte deceased hee this examinate did signe to at the
before menconed
place where the said twentye lasts of flaxe ⁁ were received and
laden aboard the foresaid shippe the Rebecca by the said Lamberte hee
this examinate did signe to a bill of ladeinge but of tenn of the said
twentye lasts of flaxe to bee delivered here at this Porte of London
to one master Hocombe or his assigne and hee signed to noe bill
of ladeinge at all for the delivery of the other tenn lasts untill the
came and arrived here in the River of Thames neere Wappinge
with the said flaye the said Lamberte comeinge over neither in the said
shippe but after his arrivall at Wappinge hee did then by the or
alsoe
and direccon of the said Lamberte and not before signe or five
to with bill of ladeinge for the deliverye of eighte of the said some
lasts of flaxe to the one master John Hopper or his assigne hee
London the other twoe lasts beinge solde or disposed of by the
said Lamberte at Elsanore ut predeposuit, And this hee assured
uppon his oath to bee true At aliter nescit /

Signum
Ruddocke
Allan
P

Ad Interrogatoria

Ad primu pro parte sua respondet negative et aliter non cencent spritt
rendentem./

Ad secundum respondet That hee cometh to testifie here this cause those
compelled thereto by an order of this Courte poured on the behalfe to
the producent sed equa favet ptibus litigan et optat uncertaine
interrogate./
~~~
HCA 13/57 f.112r Annotate [CHECKED]

112

Ad tertium refert se ad predepoita et aliter pro parte sua nescit respondere./
saveinge that the interrogate 20 lastes of flaxe were to his nowe
beste remembrance shipped aboard the interrogate shippe the Rebecca
aboute the middle of Julye laste was twelve monethes the
tyme more certainelye hee remembreth not/

Ad quartum pro parte sua nescit respondere./

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

Ad sextum pro parte sua nescit respondere saveinge hee beleeveth the interrogate
Stocombe did beare the
adventure of those tenn lasts of flaxe which were consigned to him
in respecte they were consigned to him when they were laden and
at the said place where they were laden before the shippe departed
therehence./

Ad septimum pro parte sua nescit respondere saveinge that the bill of ladeinge
which this respondente did signe to for the delivery of eighte of the
interrogate tenn lasts of flaxe to the interrogate Hopper was soe signed at one Mrs Stannage her
house scituate in Wappinge where this respondente then laye

Ad octavum pro parte sua nescit respondere./

Signum
Allan 'AR' Ruddocke [MARKE, RH SIDE]
----
27º Maij 1644

Marston et alj contra [?XXX])
Russell et alios)

Henricus Bridger de Hackney in Comitatu Middlesex mercator annos
agens 46 aut eo circiter testis in hac parte productus, iuratus et examinatus
deponit et dicit prout sequitur videlicet/

Ad primum secundum et tertium [?XXXX] alluis ex parte Marston et soc in
hac causa datus et admissa deponit et dicit That betweene the firste of
November 1638 arlate and the 12th of the same monethe the wynde
was divers tymes very faire to have carried the said arlate shippe
the Hopewell out of the Downes which hee well knoweth to bee true for
that in that tyme divers shipps that laye in the Downes sett saile
and departed therehense some for Spaine and some for other places to
the Southwarde and soe had the Hopewell donne in case shee had not
bine hindred and stayed as hee hath formerlye in this cause deposed
And that stopp or staye beinge not taken of at all but the said shippe
enforced to returne backe into the River of Thames againe ut predeposuit
in hac causa a certaine shippe of which one Walker was master that
had stayed in the Downes for the Companye of the Hopewell departed
and sett saile therehence for Spaine wheither the Hopewell should
have gone, with a faire wynde in the sighte of him this examinate And this
hee alsoe affirmeth uppon oath to bee true At aliter quam predeposuit in
hac causa ad qua se refert nescit deponere./

Henry Bridger [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.112v Annotate [CHECKED]

27º Maij 1641

Edwardus Tompson de Saint Olaves in Burgo de Southwarcke
mercator annos agens 31 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/

Ad 28UM arlum libelli ex parte Marston et soc parte ageN in hac causa
datus et admissa deponit et dicit That after the voyage in
controversie was broaken of hee this examinate and Company did
hire and take to fraighte the arlate shippe the Hopewell of master
John Marston the owner or parte owner thereof for a voyage
to bee made with her from this Porte of London to Saint Christophers
and certaine other places or Islands thereabouts, and they had
her for twoe hundred tonnes and did agree to paye
after the rate of fifty five poundes proper moneth for as many
monethes as shee should bee in theire service and imployment
and that voyage the said shippe did bringe to this porte of
London from the Islands where to shee went in all to the
quantitye of twoe hundred tonnes or thereabouts of goodes for the accounte
of him this examinate and partners the ffraighters of her and
after the said voyage was ended they payd the said Marston
fraighte after the rate of 55li proper moneth accordinge to theire
aggreement with him and after that rate if hee
had occasion to make use of the said shippe or such another as
shee was, hee woulde nowe give for the said shippe or the like
shee beinge of the capacitye of twoe hundred tonnes Al aliter pro parte
sua nescit saveinge that the voyage aforesaid hee this examinate and
Companye did victuall and man the said shippe and payd for the
same besides the fraighte aforesaid and soe hee would doe in the
like case againe if hee had occasion for the same shippe or the
like./

Ad vicesimum nonum pro parte sua nescit deponere saveinge that the arlate
shippe the Hopewell did enter into paye in the service and
imployment of him this examinate and partners uppon the 20th
ffebruary arlate Anno 1638 stilo Anglia And this hee
affirmeth uppon his oath to bee true./

Super reliquis arlis dicti libelli in exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum quoad pericula periurj et falsidin testis fit quoad [?petitur]
et aliter pro parte sua respondet negative./

Ad secundum non concernit huic [?respondere]

Ad tertium pro parte sua nescit respondere salvis predepoitis

Ad quartum non examinatur

Ad quintum pro parte sua nescit respondere./

Ad 6 pro parte sua nescit respondere./

Ad septimum examinatur./
~~~
HCA 13/57 f.113r Annotate [CHECKED]

113

Ad octavum non examinatur./

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

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

Ad undecimum nescit respondere./

Ad duodecimum nescit respondere./

Ad 13 pro parte sua respondet negative./

Ad quartodecimum pro parte sua respondet That the cause in question noe manner
of wayes either directlye or indirectlye concerne him this respondent neither shall hee gett or loose
by it however it goes./

Edward Thompson [SIGNATURE, RH SIDE]
----
29o Maij 1641

Reynolds et socij contra)
Marshall et al Smith)
Yeo)

Leonardus Rickman de Wappinge in Comitatu
Middlesex nauta annos agens 36 aut eo circiter testis in hac
parte productus, iuratus, et examinatus deponit et dicit/
prout sequitur videlicet/

Ad tertio decimum poem alluis ex parte Reynolds et soc in hac causa datus et
admissa deponit et dicit That hee this respondent one of her Company and beinge aboard the arlate
shippe the London Merchante (Lamberte Pitchers master) in the
River of Thames was presente when the articulate Le Pootrey did
for himselfe and the arlate Hopper conclade uppon and agree
with the said Pichars for the fraighte of the arlate shippe after the
rate of 230li proper moneth for every moneth shee should bee out
in theire service or imployment and the said shippe afterward
proceedeinge to sea in the service and imployment of the said
de Pootrey and Hooper for the space of twentye one monethes
and a halfe little more or lesse, and the said Le Pootrey and
Hooper faleinge in theire estates before the said shipps returne
home from sea hee beleeveth in his conscience the said Le Pootrey
and Hooper were much indebted unto the owners of the said
shippe for the fraighte of her for all the tyme aforesaid shee
was in theire service and imployment and hee is the rather
soe induced to beeleeve haveinge seene letters written by the
owners of the said shippe whileste shee was at sea to the said
Pichars intimateinge to him as much but howe much they were
soe indebted for fraighte hee saieth hee knoweth not, And
this hee affirmeth uppon his oath to bee true At aliter pro parte
sua nescit deponere./

Super reliquis arlis sua pbus alluis pred non examinatur

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet quod equa favet partibus litigan et optat victoria
ius haben et aliter pro parte sua negative./

Ad secundum pro parte sua nescit respondere./

Ad tertium respondet That hee knoweth the interrogate Hooper and Le Pootrey
both if they are both liveinge, and the said the Pootrey hee knewe
(ever
~~~
HCA 13/57 f.113v Annotate [CHECKED]

ever since hee tooke the foresaid shippe to fraighte, and the said
Hooper since the returne of the said shippe from sea that
voyage in which shee was in theire service, but such his
knowledge of them was and is onelye by sighte and noe otherwise
At aliter quam pon negative et nescit /

Ad quartum pro parte sua nescit respondere./

Ad quintum pro parte sua nescit /

Ad sextum pro parte sua nescit /

Ad 7. 8. 9. 10. 11. et 12 respective interria pro parte sua salvis
predepoitis nescit./

Leonard Rickman [SIGNATURE, CENTRE]
----
dico die

Thomas Teate de Lymehouse in Comitatu Middlesex nauta annos
agens 35 aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit prout sequitur videlicet/

Ad 13 ponem alluis ex parte Reynolds Garrowaye et soc in hac causa
datus et admissa deponit et dicit, That whileste the arlate
shippe the London merchante was and remained in
the River of Tames outwards bounde before shee had taken in
any goodes hee this examinate beinge one of those that was hired to
goe to sea in her uppon her then intended voyage did see
twoe merchants aboard the said shippe which were sayd to bee
those that had taken her to fraighte for her then intended voyage
and one of those merchants was called Mr Hooper and the
other Mr Le Pootrey, and the owner of her were sayd to bee
Mr Garrowaye, Mr Reynolds, Mr Pichars the master of her and
some others whose names hee remembreth not and that shippe did
proceede out to sea to severall places in the service and imployment
of the foresaid merchants that had taken her to fraighte and was
out at sea in all by the space of one and twentye monethes and
a halfe little more or lesse, and as hee was often dureinge the
voyage both before and after shee sett saile out of the River of
Thames tolde shee was lett to fraighte after the rate of two
hundred and thirtye poundes proper moneth and as hee beleeveth the
ffraighters of the [?XXXX] uppon the said shipps returne were since
very much indebted unto the owners of her for fraighte due for
the tyme shee had bine forth in theire service and imployed
which hee beleeveth was and is true for that whileste the said
shippe was at sea hee heard that the said Hooper and Le
Pootrey were both failed in theire estates and hee alsoe said
the master complaine and saie that they oughte a greate
deale of money for the fraighte of the said shippe to her owners
and that hee had received letters from the owners what had befallen
the said Hooper and Le Pootrey, And this hee affirmeth uppon this
oath to bee true At aliter pro parte sua nescit deponere/

Super reliquis non examinatur

Idem ad Interrogatoria/

(Ad primum
~~~
HCA 13/57 f.114r Annotate [CHECKED]

114

Ad primum respondet quod equa favet partibus litigan et optat victoria
ius haben et aliter negative./

Ad secundum respondet That hee knoweth those twoe men which were said to bee
the said Hooper and Le Pootrey by sighte and hath soe knowen them
ever since hee sawe they were aboard the foresaid shippe in the
River of Thames At aliter nescit /

Ad 3. 4. 5. 6. 7. 8. 9. 10. 11. et 12um pro parte sua nescit respondere./

Thomas Teate [SIGNATURE, RH SIDE]
----
28o Maij 1641

Contra Nicholls)
Smith Martyn)

Thomas fflawes de Deptford in Comitatu Cantabria nauta annos
agens 33 aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit quod William Greene partem
producentem per spacium duodecim annorum ultimum etaps et Radulphum
Nicholls per spacium etia duodecimum annorum ultimum etaps etia respective
bene novit ut dicit./

Ad primum secundum et reliquos articulos libelli ex parte William Greene
in hac causa datus et admissa deponit et dicit That within the tyme
libellate hee this examinate beinge for all the said tyme master of the
articulate shippe the James and soe constituted and appointed by
the arlate Ralphe Nicholls the principall owner or parte
owner of her did for the reparation furnishing
and fittinge of the said shippe to sea, uppon severall voyages and
at severall tymes within the foresaid tyme take upp and applie
to and for the use of the said shippe all and singular the
severall things and materialls in the arlate schedule menconed
of the arlate William Greene the reputed owner thereof
and the same were in this examinats judgement at the severall tymes
when hee tooke upp and made use of the same in and aboute
the said shippe worth the severall and respective sumes of
money expressed and sett downe in the said schedule for
the same And this hee affirmeth uppon his oath to bee true At
aliter nescit /

Tho: fflawes [SIGNATURE, CENTRE]
----
die pred [CENTRE HEADING]

Marston contra D[?XX] Russell)
et alios)

Georgius ffoxcrofte de Saint Steevens Coleman streete mercator
etatis 40 aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit prout sequitur./

Ad undevicesimum arlu libelli ex parte Marston et soc in hac parte datus et
admissa deponit et dicit That in the moneth of Auguste or
September 1638 hee this examinate did shippe or cause to bee shipped
aboard a certaine shippe called the Affeccon of London
Diggory Man then master) bounde for Cales and Saint Lucar
a certaine quantitye of tobaccoe which came from the
English plantacons in all to the quantitye of aboute
(fortye
~~~
HCA 13/57 f.114v Annotate [CHECKED]

fortye thousand pounds weighte of tobaccoe to bee transported
from this Porte of London to the places aforesaid and there to bee disposed
of and solde for the accounte of him this examinate and partners which said
tobaccoes after the arrivall of the said shippe at Saint Lucar or
Cales wheither of the twoe hee doth not at present wel
remember, hee this examinate was advised by letters from his ffactors there Andrewe Kinge and John [?Barlde] dated the
20th of September 1638 at Sivill that they had solde
that tobaccoes at Sivill ffree of all chardges but ffactorage after the rate of 3 ryalls
and 23 marmadoes per pounde one with another
blacke money, which is after the rate of 16d per pounde sterlinge
moneye the truck of blacke money into white
considered and allowed, and soe or neere that price hee beleeveth that sorte or kinde
of tobaccoe would or mighte have yeelded or bine solde for at
Sivill aforesaid in Januarye then nexte followeinge And this hee
affirmeth uppon his oath to bee true At aliter pro parte sua nescit /

Super reliquis non examinatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum quoad pericula periurij fit quad petitur et huc respondet
negative./

Ad 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 respondet negative et aliter pRO
parte sua nescit /

Per George Foxcroft [SIGNATURE, RH SIDE]
----
29o May 1647

Garroway et alj contra Marshall)
et alios Smith Yeo)

Honardus Bates servus et apprenticius Radulphi
Hartlye de Saint Michaels Cornehill London Scriptoris
etatis viginta annorum aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout
sequitur videlicet/

Ad prima ponem alluis ex parte Garrowaye et socioru in hac causa
datus et admissa deponit et dicit That uppon the firste daye of
June Anno domini 1639 the articulate shippe the Pheinxe of which
one William Danes was nominated to goe master of her was by
charter parte dated the same daye lett to fraighte to Anthony
Hooper and John Le Pootrey by Mr Marcas Brandt, William
Tristram, John May and the said Danes the master of her from
themselves and partners after the rate of one hundred and fortye
poundes per moneth for eighte monethes certaine and after the same rate for every moneth shee should bee imployed
by or under the said Hooper and Le Poootry,
the same not exceedeinge six monethes more, and the said
shippe to enter into paye uppon her departure from Gravesend
And this hee affirmeth uppon his oath to bee true hee beinge a
witnes to the signeinge, sealeinge and delivery of the charter partie
made betweene the foresaid parties for the said shippe and haveing
~~~
HCA 13/57 f.115r Annotate [CHECKED]

nowe at the tyme of this his examinacon seene and perused over the
charter partie remaineinge in the Registry of this Courte under the
hands and seales of the said Hooper and de Pootrey At aliter
pro parte sua nescit /

Super reliquis non examinatur

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet quod eque favet partibus litigan et optat victoria
ius haben et aliter pro parte sua negative./

Ad secundum pro parte sua nescit respondere./

Ad tertium respondet That hee this rendente doth knowe the interrogate
Hooper Le Pootrey and Delean and Mr Crosse by sighte and
hath soe knowen them videlicet the said Crosse for these 2 or 3 yeares
laste paste, the said Hooper and Le Pootrey ever since the
sealeinge of the Charter partie aforesaid and the said Delean for
the space of twelve monethes laste paste and some what better Al aliter
salvis predepoitis nescit saveinge that his master hath had
dealeinges with the foresaid parties all of them as hee is a
Scrivenor but noe otherwise

Ad 4. 5. 6. 7. 8. 9. 10. 11. et duodecimum pro parte sua nescit respondere./

Leonard Bates [SIGNATURE, RH SIDE]
----
ultº Maij 1641

Carterighte contra Dee)
Budd Cresh)

Phillippus Colley de Saint Martyns Le Vintrey London mercator
annos agens 40 aut eo circiter testis in hac parte productus, iuratus
et examinatus, deponit et dicit prout sequitur videlicet /

Ad quartum ponem alluis ex parte Carterighte in hac causa datus et
admissa deponit et dicit That hee this examinate is not well acquainted
with the subscriptions or hande writeinge of the articulate Gerart
Vander Heyden nor Harman Marson but beleeveth the respective
schedules are one of them subscribed with the proper hande
writeings of the articulate Arthure Dee, and John Carterighte
and attested with the proper hande writeings of William
Chamber and John Burrell, and the other subscribed
with the proper hand writeinge of the articulate Owen Davis and
attested by the articulate William Duncombe and Spencer
Breton and that the same were and are respectivelye the
proper subscriptions of each of the foresaid parties hee being well
acquainted with theire hande writeinges and haveinge nowe very
well observed the said subscriptions, and hee further beleeveth that
the firste of the said exhibitts is alsoe attested with the proper hand
writeinge of the foresaid Marson, haveinge often seene his hande writeinge
and findinge the same to aggree with some of his hande writinge
which hee hath formerlye seene Al aliter nescit saveinge this examinate
beleeveth the contents of the said exhibitts were and true otherwise hee
conceiveth the said parties would not have attested the same that have
attested them./
~~~
HCA 13/57 f.115v Annotate [CHECKED]

Ad septium deponit et dicit That the scripte or accounte articulate
in Dutch nowe shewed unto him this examinate at the tyme of this his
examinacon and by him perused over hee beleeveth was and for
subscribed with the proper hande writeings and subscriptions of
the articulate John Osborne, Rason Chapman, and Spencer
Bretton but hee this examinate did not see them subscribe theire
names to the same, but is very well acquainted with theire
Charecters and subscriptions or manner of writeinge and thereof
beleeveth the same haveinge well observed the same at the
tyme of this his examinacon, and hee alsoe beleeveth that things
were soe had and done as therein is contained otherwise they
would not have subscribed the same And this hee affirmeth
uppon his oath to bee true At aliter pro parte sua nescit/
Super reliquis prbus non examinatur ex direccone./

Philip Colley
----
die pred [CENTRE HEADING]

ffisher contra hall)
Yeo Smith)

Johannes Crowther de Ratcliffe in Comitatu Middlesex nauta etats
36 aut eo circiter testis in hac parte productus, iuratus, et examinatus
deponit et dicit quod Thoma ffisher et Robert Tucker partes producen
per spacium septem annorum ultimum etaps respective bene novit et Jacob
Hall partem contra quam productus per spacium decimum annorum etia ult
etaps novit ut dicit./

Ad duodecimum deponit et dicit That after it was reported that the Roberte
Tucker had bine imprisoned for the articulate Thomas ffisher hee
the said ffisher came and arrived and came to Cales in a shippe of
which this examinate was then master and from thence went upp to Saint Lucars And this hee affirmeth uppon
oath to bee true At aliter nescit /

Ad quartodecimum pro parte sua nescit deponere saveinge That the
articulate ffisher after his goeinge a shoare at Saint Lucars aforesaid was
there seized uppon and layde up in prison, which hee knoweth to
bee true receiveinge letters from the said ffisher whileste hee was in
the prison and as it was there reported hee the said ffisher was
soe imprisoned there by the foresaid Tuckers meanes and as the said ffisher
wrote to him this examinate and as hee heard by those that were securitye
for him hee was fainte to put in securitye to cleere the said Tucker
of an obligacon which hee had entered into for the articulate Captaine
Hall and his shippe the Plyades before hee could gett himselfe
released out of prison

Ad 18 deponit et dicit That within these 12 yeares last past the
this examinate hath bine 4 or 5 severall voyage in Spaine and in that
tyme hath observed it to bee the lawe and custome at Saint Lucars
or any other Porte thereabouts for masters of shippes to
give in securitye before they cann bee permitted to sett saile there hence
(not
~~~
HCA 13/57 f.116r Annotate [CHECKED]

116

not to stopp or staye to take in any place or other prohibted goodes without the Porte
and that in case any shippe doe take in any plate or other prohibited
goodes aboard after shee is over the barr, if that bee [?perceived]
the security is forfeited or the shippe if taken subiecte to confiscation
and the master to imprisonment, or of a shippe doe but ride at
Anchor after shee is one the barr or bee seene to turne too and
againe with her sailes if not in prosecucon of her voyage there is
greate dannger of the securitye because then it is supposed shee
stayeth or wayteth there to take in prohibited goods, And this hee
affirmeth uppon his oath to bee true, haveinge seene and heard
the Kings proclamacon to that purpose and bine
enforced to give in securitye to the effect aforesaid Al aliter nescit /

Ad undevicesimum refert se ad predepoita et aliter nescit/

Ad vicesimum deponit et dicit that whileste this examinate stayed at Cales
aforesaid as hee understoode by letters which hee received from the
foresaid ffisher and others the said ffisher did use all what
meanes hee could to free himselfe of the engagement hee was
fainte to enter into to secure the foresaid Tucker from that
engagement that hee had engaged himselfe in for the foresaid Hall
and his shippe At aliter pro parte sua nescit./

Super reliquis non examinatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum pro parte sua respondet negative./

Ad secundum salvis predepoitis pro parte sua nescit respondere./

Ad tertium refert se ad predepoita et dicit That it is an ordinary
thinge for Englishe shipps that trade to Saint Lucars or Cales to take
in prohibited goodes after they come over the barr but in soe doeinge
that they runn the dannger and hassard of forfeiteinge the bonde
which is given before they sett set saile from to other either of the
said portes./

Ad quartum refert se ad predepoita et aliter nescit /

Ad quintum pro parte sua nescit nescit.

John Crouther [SIGNATURE, RH SIDE]
----
1º Junij 1641

Guye contra Hall)
Smith Martyn)

Robertus Wakelyn de Alhallowes Barckinge London
Roope seller etatis 33 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur videlicet/

Ad primam ponem alluis ex parte Hall partis producen in hac causa datus
et admissa deponit et dicit that the articulate shippe the Blessinge
beinge hired as hee this examinate conceived for a voyage to bee made
with her from this Porte of London to Newfoundland by the articulate
Guye in that behalfe intrusted and wanteinge reparacons fittinge
(for
~~~
HCA 13/57 f.116v Annotate [CHECKED]

fitting for the said voyage, the articulate Hall of whome shee was
had at the shippe Taverne in Ratcliffe in this examinats presence
and heareinge did contracte and agree with the said Guy
by the groate or lump to repaire and fitt the said shippe
with all manner of Carpenters worke of what sorte soever
and such other necessaries as did were incident and did
belonge and appertaine to the same worcke for the sume of
forty poundes sterlinge thereby to enable her to proceede on
and undertake the said voyage and the said Guy did
then and there promise and undertake to performe the
same accordinge to the said agreement, And this hee affirmeth
uppon his oath to bee true At aliter pro parte sua nescit saveinge
that hee beleeveth the foresaid agreement was made betweene the
said Guy and Hall either before any worcke at all was
done to the said shippe or at the firste beginninge of the worcke and the
reason of such his beleefe is for that the said Hall desired to
knowe the perticulers of the worcke which was necessarye to
bee done to her and hee this examinate as the said Guy delivered
the same did take notice of some of them which the said
Hall heareinge refused to heare the whole out but made his
agreement as aforesaid./

Super reliquis non exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie in this cause at
the requeste of Hall the producent and one of his partners and
that the said Hall is this rendents Uncle by the marriage of his wife
sed equa favet partibus litigan et optat victoria ius haben et aliter
negative saveinge that one Rookes whoe hath boughte a parte in
the foresaid shippe since the busines in question begon is somewhat
a kine to this rendente by marriage hee marrieinge this rendents
wifes Aunte

Ad secundum negative./

Ad tertium refert se ad predepoita et aliter nescit /

Ad quartum nescit respondere aliter quam prius

Ad quintum pro parte sua nescit respondere aliter quam predeposuit/

Robert Wakelin [SIGNATURE, RH SIDE]
----
1º Junij 1641

Garrowaye et alj contra Marshall)
et alius Smith Yeo)

Jonathan Blackwell de Saint Bartholmewes
prope Regale Excambu Civitatis London scriptor
etats 25 aut eo circiter testis in hac parte productus iuratus
et examinatus deponit et dicit prout sequitur videlicet

Ad primum ponem alluis ex parte Garrowaye et soc in hac parte datus
(et
~~~
HCA 13/57 f.117r Annotate [CHECKED]

117

et admissa deponit et dicit That in June Anno 1639 the articulate
shippe the Phenix was lett to fraighte by Marcus Brandt
William Tristram, John Mayo and William Daines on the behalfe
of themselves and Company unto Anthony Hooper, and John
Le Pouter of London merchants for a voyage with her such voyage
as the said merchants or theire ffactors or assignes should
please to appointe after the rate of one hundred and forty
poundes per moneth for eighte monethes certaine the same
to begin uppon the said shipps departure out from Gravesend
outwards bounde, and after the same late for a longer tyme
the same not exceedeinge six monethes more, And this hee
affirmeth uppon his oath to bee true hee beinge a witnes to the
Charter partie indented and made betweene the said parties and
nowe at the tyme of this his examination haveinge
seene the same remaineinge in the Registry of this Courte and
seene his subscription to the same as a witnes Ac aliter pro parte
sua nescit/

Super reliquis plus dicta allegaconis non examinatur./

Ad Interrogatoria [CENTRE HEADING]

Ad primum respondet quod equa favet ptibus litigan et optat victoria
ius haben et quod venit ad testificand in hac causa ad requision
[?XXXXX] Johis Callison et aliter negative./

Ad secundum nescit./

Ad tertium respondet That hee hath knowen the interrogate Hooper Le Pouter
and Delean for those three yeares last paste and knoweth them yet
in case they bee liveinge and the interrogate William Crosse ffairefax
and Legaye for these six yeares last paste or neere thereabouts
and as hee beleeveth hee knoweth the interrogate Marishall but is not
certaine thereof but hath dealte but very little for them or either of
them.

Ad 4. 5. 6. 7. 8. 9. 10. 11. et 12 pro parte sua nescit respondere

Jonathan Blackwell [SIGNATURE, RH SIDE]
----
die pred [CENTRE HEADING]

Crowther contra Soames et)
Ashurste Yeo Martyn)

Samuel Hall de Saint Dunstaines Le Easte London wyne
Cooper annos agens 34 aut eo circiter testis in hac parte
productus iuratus et examinatus deponit et dicit prout sequitur
videlicet

Ad septimum articulum libelli in hac causa datus et admissa deponit et
dicit That within the tyme articulate hee this examinate beinge imployed
by one Mr William Harborne of London merchante to see to the landeinge
of certaine wynes of his which hee had broughte to this Porte of
London in the shippe wherein the wynes in question were was at
Buttolphe Warfe when the but of wyne in question was staved
and sawe the staveinge thereof, and hee saieth by vertue of his oath
that the tyde was soe farre spente and the
(water
~~~
HCA 13/57 f.117v Annotate [CHECKED]

water soe lowe that the Owners Porters imployed aboute the ladeing
upp and landeinge of the 12 butts of wyne articulate eleaven whereof they
landed lefte worcke for that tyme of beinge neere nighte and the 12th
butt likewise in a very danngerous bee landed beinge some what
landed that they lefte on which the said butt beinge somewhat out of the reach or purchase of the Crane by which the reste were
landeinge and they not willinge to runn the hassard and dannger
they were like to undergoe in case they had at that tyme undertaken
the landeinge of the same And this hee affirmeth uppon his
oath to bee true At aliter pro parte sua nescit /

Ad octavum deponit et dicit That when the articulate Amhurste sawe
that the Owners Porters had lefte of worckinge and had lefte
the butt of wyne in question in the lighter hee told the said
Porters or some of them in this examinats presence and heareinge
that hee would cleere the lighter that nighte there beinge to
this examinats beste remembrance not above 4 or five butts of wyne
more besides the said butt of wyne in controverste then in the said
lighter, and to that purpose the said Amhurste desired the said
Porters to assiste him in the landeinge of the said wynes alleageinge that hee would undergoe the dannger thereof and paye for the same at but the
said Porters in respecte of the dannger foresaid
absolutelye refused to meddle with the same that
nighte whereuppon after the said Porters were gone the said Amhurste
and twoe others that hee had gotten for that purpose did venture to
unlade or lande the same and in soe doeinge the sade
but of wyne controverted was staved ut predeposuit, Al aliter nescit saveinge that the said
Porter or one of them forewarned the said
Amhurste from meddleinge with the said butt and told him
of the dannger thereof which was like to ensue in case hee did
meddle with the same./

Ad nonum refert se ad predepoita et aliter nescit /

Ad decimum deponit that twoe Porters that waited at the wharfe
for other mens goods and not for the goods controverted at the
requeste of the foresaid Amherste uppon his promise and warrant
made to them in this examinats presence and heareinge to save them
harmeles from any dannger that mighte befall them in or aboute
the landinge the aforesaid butt of wyne) did undertake the landeing
of the said butt of wyne and the said Amhurste himselfe did
take uppon him to guide the Guye roape but the said butt of wyne
beinge soe farr out of the ordinary reach of the Crane after it
came to bee slinged goeinge over the beame of the lighter fetcht such
a swinge that it slippt out of the slings and was staved, And
this hee affirmeth uppon his oath to bee true At aliter pro parte sua
nescit salvis predepoitis

Ad undecimum deponit That Mallega wyne at the same tyme when the
butt of wyne controverted was staved was sold for and worth uppon
(the
~~~
HCA 13/57 f.118r Annotate [CHECKED]

118

Lee after the rate of 18li sterlinge per butt and soe much hee beleeveth
the butt of wyne in question in case the same were full as hee
beleeveth it was ordinary leakeage excepted the same beinge Mallega wyne
was very well worth and would have yeelded had it bee bine well
and safelye landed the tyme aforesaid And this hee affirmeth
uppon his oath to bee true At aliter nescit /

Super reliquis non exatur ex direccone./

Ad Interrogatoria/ [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie in this cause at the
requeste of Mr Crowther the producent sed equa favet partibus
litigan et optat victoria ius haben

Ad secundum nescit respondere aliter quam predeposuit/

Ad tertium de respondet That the course of merchants is to have a
Porter or Porters or such like to see to and lande theire goods
at any wharfe or key where goodes are usuallye landed and it
any such goods suffer in the landeinge those by whose meanes or
throughe whose neglecte such goodes suffer are lyable to make
goode the same to the owner of the goodes unles there bee any
undertakeings on the one side or theother to secure the one or the
other from any such damage that shall happen, Al aliter nescit /

Ad quartum refert se ad predepoita et aliter nescit saveinge that the
promise made by the foresaid Amhurste to those Porters that did
venture uppon the landeinge of the butt of wyne in question was
was soe made by him in the lighter where the said butt of wyne was
and aboute 4 of the Clocke in the afternoone aboute Christmas
1638./

Ad quintum respondet That hee beleiveth the interrogate Porters mighte have
landed the butt of wyne in controversie but that they were
fearefull to meddle with the same beinge not able at that tyme to
bringe the lighter wherein it was to the Crane the better to come at
it Al aliter quam prius nescit saveinge that in case they had then
attempted to lande the same they had undergon a greate hassard or
dannger it beinge in soe badd a place and soe for out of the
ordinary reach of the Crane

Ad sextum pro parte sua respondet negative./

Samuell Hath [SIGNATURE, CENTRE]
----
2º Junij 1641

Smallwoode contra Clercke)
Martyn ffishe)

4s

Rs. E. B.

Robertus Raven de Hull nauta etatis 41 annorum
aut eo circiter testis in hac parte productus, iuratus et examinatus
deponit et dicit prout sequitur videlicet./

Ad secundum tertium et reliquas pres alluis ex parte Clarcke in hac causa datus et
admissa deponit et dicit That in the articulate shipps course or
passage from Burdeaux where shee had taken in her ladeinge of
wynes towards this Porte of London videlicet within 3 dayes at moste
after her departure therehence presentlye after they came over
(the
~~~
HCA 13/57 f.118v Annotate [CHECKED]

Pole heade there happened a very violent and extreame storme
and tempeste which continued in all by the space of nyne a
tenn dayes in which tyme her Company had as much as
they could doe to save and preserve the said shippe and
goodes and there lives from perisheinge in the sea and
the violence and extreamitye of the said storme was such
for a tyme and the water and billowes of the sea
came in such abundance and soe feirce uppon the said
shippe and uppon the decks that the same carried awaye
4 hogsheades of beere and water and one barrell of tare
and some other of the said shipp provision that laye uppon the decks and they were
fainte to cutt a hole in the said boate to lett out the water
that came into her to keepe her from beinge splitt or
carried awaye, and to beate out some boards to give past
betweene the decke and the Gunwell to give passage to
lett the water out, and in that storme the violence and
extreamitye of the weather broake loose the sheate
Anchor which was fastened at the said shipps boughe
which had like to have beaten a hole in the said shipps side
and they were in such extreamitye for the space of 24 houres
that notwithstandinge all the paines, care, and meanes that they
could doe or devise to doe for the safetye aswell of the said
shippe and goodes as theire owne lives, yet hee saieth they
were in such feare that they looked att almoste every hower
when they should have bine caste awaye and with the
worckinge and tumbleinge or rolleinge of the said
shippe in the sea dureinge the storme aforesaid some of the
hogsheads of wyne aboard were turned upp side downe and
videlicet with the beinge hole quite downewards and some halfe
downewards and some end wayes and in case any damage did happened to the
articulate Smallwoodes wyne aboard the said shippe the said
voyage the same happened and came meerelye by the extreamitie
of the weather and violence of the sea and continuance thereof
and not by or throughe any defecte in the said shippe or
faulte or neglecte in the master of her or any of his Company
either in stowage or otherwise And this hee affirmeth uppon his
oath to bee true hee beinge one of the said shipps Company
the said voyage, and sawe the stowage of the said wynes abord
the said shippe and knoweth that they were well stowed in the
said shipps holde, and that the said shippe untill shee mett with
the foresaid storme was a very stronge staunch and thighte shippe
otherwise they had all perished in the sea, and they did all to
theire endeavours asmuch as they could to preserve her last this
parte sua nescit saveinge that there were neere uppon 20 saile
(more
~~~
HCA 13/57 f.119r Annotate [CHECKED]

119

saile of shipps that came from Burdeaux at or aboute the same
tyme when the articulate shippe the Susan came therehense
some of which as hee hath heard were in the foresaid storme
and tempeste caste awaye,

Ad Interrogatoria. [CENTRE HEADING]

Ad primum respondet quod equa favet ptibus litigan et optat victoria
ius haben et aliter pro parte sua negative./

Ad secundum salvis predepoitis nescit. /

Ad tertium nescit

Ad quartum nescit saveinge that there was a lande wayter
as hee conceiveth appointed to see to the landeinge of aswell
of the interrogate Smallwoodes wynes as any others broughte to this Porte
of London in the foresaid shippe the voyage in question

Ad quintum pro parte sua nescit p respondere./

Signu
Robert 'R'Raven [MARKE, CENTRE]
----
die pred [CENTRE HEADING]

Smallwood contra Clarcke
Martyn ffishe

5s

Rs. E. B

Willimus Marste de Hull nauta annos agens
40 aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit prout sequitur videlicet/

Ad secundum tertium et reliquas pres alluis ex parte Clarcke in hac causa datus
et admissa deponit et dicit That in the articulate shipps course or
passage from Burdeaux in ffrannce where shee was laden
towards this Porte of London whether shee was bounde videlicet within 3
dayes after shee came out of Burdeaux River there happened
a greate storme and tempeste which continued in all for the space of
nyne or tenn dayes togeather in such feirce and violent manner
that the said shippe was in greate and apparent dannger of
sinckinge and perisheinge in the sea, and for all the said tyme
they were fainte to keepe the said shipps pumpe continually
goeinge and to use all other wayes and meanes they could to save
and preserve aswell the said shippe and goodes as theire owne lives
the dannger was soe greate, and for the space of 24 howers parte of
the said tyme they looked ever hower when they should all have bine
caste awaye and the water and billowes of the sea came in soe
feirce and violentlye uppon the said shipps deckes and in such manner
that they were fainte and did beate out a hole betweene the docke
and the Gunwell to lett out the water that came uppon her decks
in such abundance, and alsoe to cutt a hole in the said shipps boate to
which was fastened uppon her decks to lett the water out of her
and in that storme and tempeste the extreamitye and
violence of the Sea which came uppon the said shipps decks
carried awaye therehense 4 barrells of beere and water and some
other of the said shipp provision which laye in the decks and alsoe
one barrell of tarr and with the said shipps worckinge and rolleinge
(in the
~~~
HCA 13/57 f.119v Annotate [CHECKED]

in the sea some of the hogsheads of wyne aboard the said
shippe were turned upp side downe and some otherwise
and in case any damage happened to any of the goods
aboard the said shippe the said voyage such damage happened
and came meerelye by reason and occasion of
the foresaid storme and tempeste and the extreamitye and
violence and continuance thereof and not by or throughe
any faulte or defecte in the said shippe or neglecte or
faulte in the Companye which hee knoweth to bee true
for that they did all use the beste wayes and meanes they
could to save and preserve the said shippe and ladeinge dureinge
the foresaid storme and untill that storme happened the said
shippe was and continued a very stronge, staunch and thighte
shippe and her goodes were safe and well stowed aboard the
said shippe the said voyage And this hee affirmeth uppon his
oath hee beinge one of the said shippes Companye the voyage
in question Al aliter nescit saveinge that there were neere uppon
20 saile more of shipps that came from Burdeaux at or aboute
the same tyme when the articulate shippe the Susan of
Hull aforesaid came from thense some of which shipps were as
hee hath bine since informed caste awaye and loste in the
foresaid storme as hee beleeveth the Susan had if shee had not
bine a good shippe, and shee was one of the firste or seconde
shipps of those that came firste to this Porte of London from
Burdeauxe aforesaid the tyme aforesaid./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum quod equa favet partibus litigan et optat victoria ius
haben et aliter negative./

Ad secundum respondet That after the voyage in question was ended and
the goods delivered hee heard the articulate Smallwoodes Cooper saye
and acknowledge that they had all the said Smallwoodes complement of
Caske out of the said shippe and to his beste remembrance there were laden aboard the
said shippe at Burdeaux aforesaid for the said Smallwords account
24 tonnes and three hogsheades of wyne as is interrogate of the first
marcke interrogate and 5 tonnes under the seconde marcke consigned
by bill of ladeinge under the masters hande to bee delivered here at this Porte of
London to the said Smallwood or his ffactor or assignes as hee
beleeveth the same were safelye donne out of the said shippe excepte the leakeage which
happened by reason of the foresaid storme

Ad tertium nescit respondere salvis predepoitis./

Ad quartum salvis predepoitis nescit /

Ad quintum pro parte sua nescit

William Marsh [SIGNATURE, CENTRE]
~~~
HCA 13/57 f.120r Annotate [CHECKED]

120

2º Junij 1641

Guy contra Hall)
Smith Martyn)

Johannes Hawkins de Blackwall in Comitatu Middlesex naupegus
annos agens 50 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/

Ad prima ponem alluis ex parte Hall in hac causa datus et admissa
deponit et dicit That aboute twoe yeares sine tempus aliter non recolit the articulate Hall by this examinats meanes
and advice did contracte and agree to and with the articulate
Guye for the repaireinge and fittinge of the articulate shippe
the Blessinge to goe to sea on her then intended voyage to
Newfoundland in the service as hee was then tolde of the
Kirks, by the greate, that beinge as hee conceived the beste
wayes and course the said Hall coulde take for the doeinge
of the same and the rather for that as hee was then tolde the
said Guye haveinge taken or hired the said shippe of the said
all for the said Kircks use and that which hee shoulde then
bestowe uppon her would in that respecte bee the better taken
and the agreement betweene them for the reparation of the said
shippe was and fittinge of her to sea was for fortye poundes
and at that price and rate hee the said Guye did promise
and undertake to sett and performe the same And this
hee affirmeth uppon his oath to bee true Al aliter pro parte sua
nescit./

Ad reliquas pred dicta alluis nescit deponere./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie in this cause at by
the foresaid Halls meanes sed eque favet partibus litigan et optat
victoria ius haben et aliter negative saveinge that the articulate said
Halls firste wife was this respondents wife sister/

Ad secundum negative./

Ad tertium refert se ad predepoita et aliter nescit saveinge that the
agreement aforesaid was made betweene the said Hall and Guye at
the Shippe Taverne in Ratcliffe, and they were reckoneinge
upp the particulers that were to bee done to the said shippe untill this
respondente beinge a shippwrighte and understandinge the busines put
the said Hall uppon the agreement by the greate or lumpe as
before hee hath deposed

Ad quartum et quintum pro parte sua salvis predepoitis ad qua se refert nescit/

John Hawkins [SIGNATURE, CENTRE]
~~~
HCA 13/57 f.120v Annotate [CHECKED]

2º Junij 1641

Minor contra Husband)
Yeo Smith)

Rs. E. B

Richard Tarrye of Wappinge in the County of
Middlesex distiller aged 60tye yeares or thereabouts sworne
before the worshipfull Basell Woode Doctor of Lawes and
Surrogate to the righte worshipfull Sir Henry Marten knighte Judge of his
Majesties highe Courte of the Admiralty of England being examined
saieth and deposeth

That Thomas Corne one of the bayle or
suerties given in and bounde in this Courte for John Husband
to answere the accon comenced by John Minor againste him is his
this examinats kinsman and to his knowledge a poore man and of as
meane estate not fitt to answere the accon in this behalfe
comenced, and yesterdaye hee beinge imployed by the said
Minor to looke after this suite, did make enquiry after
William Walton the other suertie or bayle in this cause given
and was informed by some of his Neighbours and others that
knewe him that hee is a mann of but a very meane estate
not worth five pounds sterlinge his debts payd and soe much hee
hath alsoe confessed himselfe to him this examinate in discourse herefore
And this hee affirmeth uppon his oath to bee true.

Signum Rich 'T' Tarrye [MARKE, CENTRE]
----
4º Junij 1641

Marston et alj contra Dm)
Russell et alios Budd)
Smith Cresh Martyn)

Willimus Warcupp servus et apprenticius
Thoma Lenthall parochia sancta Maria ad montem London
mercatoris etatis 20 annorum aut eo circiter testis in hac
parte productus, iuratus, et examinatus, deponit et
dicit prout sequitur videlicet/

Ad secundum articulum libelli ex parte Marston in hac parte datus et admissa
deponit et dicit That hee this examinate was not presente at the
agreement betweene the articulate Marston and Lenthall and
Companye for the lettinge of the articulate shippe to fraighte for the
voyage articulate neither did hee to his knowledge ever see
any charter parte for the said voyage but saieth that hee
beleeveth the said shippe within the tyme articulate was lett to fraighte by Mr Marston and
for the voyage arlate
his said Master Mr Lenthall and Companye for that hee
findeth by in by his masters bookes of accounte that there was
one hundred poundes payd to the said Marston by his Master
within the tyme articulate for in parte of the fraighte or heard
shippe the voyage arlate Al aliter pro parte sua nescit /

Ad quintum deponit et dicit That within the tyme articulate there the said
a greate parcell of tobaccoe packt or made upp readye to
sent aboard the arlate shippe the Hopewell to bee transported
and carried in her from this Porte of London to Saint Lucars
Spaine and there to bee disposed of for the accomte of the said
(articulate
~~~
HCA 13/57 f.121r Annotate [CHECKED]

121

articulate Lenthall and Companye but the certaine quantitye thereof
hee knoweth not And this hee affirmeth uppon his oath to bee true for that
hee sawe the moste parte of the said tobaccoe made upp to bee carried aboard and
same letters of advise from the ffactors to whome hee conceiveth it
was consigned and letters to them againe for the sellinge
or disposeinge thereof Al aliter pro parte sua nescit /

Ad septimodecimum deponit That before the articulate shipps departure out of the
River of Thames uppon the voyage in question hee this examinate did see a letter dated at Sivill
in Spaine the 29th of November 1638 sent by Mr James
Clarcke and Companye to the arlate Lenthall this examinats master
wherein the said Clarcke did advise him that they had solde
to the quantitye of fifty thousand pounde weighte of the
[?XXXXX] sorte of tobaccoe which hee should send
him or them over theither after the rate of 3 ryalls proper pounde
there of all chardges, uppon the said shippes arrivall there
without the barr at Saint Lucar And this hee affirmeth uppon his
oath to bee true At aliter pro parte sua nescit/

Ad 24um deponit et dicit That a little before the foresaid shipps
goeinge to sea uppon the voyage in question hee this examinate sawe
an accompte of chardges layd out aboute the tobaccoes that were
laden aboard the said shippe to bee transported as aforesaid and
other chardges, thereuppon ariseinge and hee saieth by vertue of his
oath that the totall thereof did amounte unto twoe hundred and thirty
seaven pounds sterlinge money accounteinge the foresaid hundred
pounde payd in parte of the fraighte And this hee affirmeth uppon
his oath to bee true At aliter pro parte sua nescit /

Ad 33 refert se ad predepoita et aliter pro parte sua nescit /

Super reliquis non exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum quoad pericula periurij fit quod petitur et aliter
referendo se ad predepoita respondet negative saveinge that the
foresaid Lenthall is this respondents Uncle/

Ad secundum respondet negative./

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

Ad quartum non exatur quis non deposuit ad content in soe articulos libell./

Ad quintum pro parte sua nescit respondere./

Ad sextum pro parte sua nescit respondere./

Ad septium nescit./

Ad octavum salvis predepoitis nescit./

Ad nonum nescit /

Ad decimum. 11. 12. 13. et quartodecimum nescit et aliter pro parte sua negative./

P Wm Warcupp [SIGNATURE, CENTRE]
~~~
HCA 13/57 f.121v Annotate [CHECKED]

5º Junij 1641

ffranciscus Brunoe de Genoa generous etats 37 aut eo
circiter testis in hac parte productus, iuratus, et examinatus deponit
et dicit prout sequitur videlicet que John Nichola de
ffrancqi partem producente proper spatium decimum annos
etapes at ultra bene novit at Johem Warner, Johem
Bowden et Thoma Coxe partes producentes proper spacium
7 mensy etia novit ut dicit./

Ad nonum arlum libelli ex parte de ffrancys in hac causa datus et
admissa deponit et dicit That after the release of the articulate
shipps the Saint Nicholas, the Saint Charles and the Saint Salvatore
were procured and that there was free leave for them to
proceede uppon theire then intended voyages
and divers tymes since the articulate
Bowden Coxe and Warner the masters of the said
shippes were desired by Mr Adrian Hendrix and others
in this examinats presence to proceede on uppon the said voyages
for which they were hired but the said masters refused to
proceede unlesse they mighte have theire wages payd them
downe before hande and soe did divers others of the said shipps
Companye beinge as hee conceiveth encouraged and soe sett
on by the said masters, and they further alleaged that they would keepe
the said shipps, till they had theire wages And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad decimum deponit et dicit That hee beleeveth that firste and
laste the articulate de ffransque hath payd unto the mariners
of the foresaid 3 shipps for theire wages besides what hee payd
to the foresaid masters in all to the vallue or quantitye of one
thousand poundes sterlinge in here that they would have
proceeded on uppon the foresaid intended voyages reddens racoem
credibitats sua for that moste parte of the said money
passed this examinats hands, And this hee affirmeth uppon his oath
to bee true At aliter pro parte sua nescit /

Ad undecimum deponit et dicit That uppon the thirteth daye of
December 1640 after such tyme as the said shipp were thereof
of all arrests and freed of the Customehouse, and the said
shipps sufficiently victualled and readye to sett saile for the
voyage the articulate Bowden Coxe and Warner in this examinats presence
and heareinge did acknowledge that they had sufficient
victualls aboard for three monethes and that they were contente
with those victualls for that tyme
and
~~~
HCA 13/57 f.122r Annotate [CHECKED]

122

and did then promise that they would forthwith proceede on uppon
the voyage with the firste oppertunitye that mighte bee And
this hee affirmeth uppon his oath to bee true At aliter pro parte sua
nescit /

Ad duodecimum deponit et dicit That uppon the 30th and 31th dayes
of December and firste of January last paste the wynde was
faire to have carried the articulate shippes the Saint Nicholas, the
Saint Charles and the Saint Salvadore, out of the River of Thames
to sea and within that tyme to his nowe beste remembrance
hee sawe neere uppon fortye small and greate shipps sett saile
outwards from Gravesend and soe mighte the articulate shipp
have donne in case the masters aforesaid would then have
done as they should and had formerlye promised to doe
And this hee affirmeth uppon his oath to bee true At aliter
nescit saveinge that they then againe refused to goe goe on
uppon the said voyage unles they mighte have theire wages all
payd them downe before hand for 16 or 17 dayes loste tyme

Ad quintodecimum deponit et dicit That hee this examinate sawe letters sent
from one ffrancis Sanguinetto dated at the Groyne
and directed to the articulate de ffrancijs wherein it was
expressed that there were to the number of twoe hundred men
that laye readye at the Groyne in expectacon of the foresaid
shipps arrivall there for whose dyett and wages the articulate
de ffrancque is layable to paye but howe longe those men
had soe layne there for his parte hee knoweth not but hath
heard by letters from thence that they soe sayed there at
the said de ffrancques chardge for the space of two monethes
and better And this hee affirmeth uppon his oath to bee true
At aliter nescit/

Ad duodevicesimum deponit et dicit That when the articulate Coxe
Bowden and Warner were firste hired to serve in the articulate
shipps they had each of them an Inventory of the said
shipps provision tackle and furniture delivered them which
when they came to deliver uppon againe there was to the
vallue of 50li worth of goodes imbeaselled awaye or founde
to bee wanteinge out of each shippe of what was delivered them at firste by Inventory
aforesaid And this hee affirmeth uppon his oath to bee true At
aliter nescit /

Super reliquis non examinatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie in this cause at the
requeste of Mr de ffrancqr the producent, and that hee was is
servante to the said de ffrancke et aliter negative and saveinge
that hee favoureth the parties litigante in respecte of his oath
indifferentlye
~~~
HCA 13/57 f.122v Annotate [CHECKED]

Ad secundum respondet That the interrogate shipps were made staye
of by order from the Lord highe Admirall of England and alsoe
by order from the Customehouse and for her gunns but hee saieth
they were dischardged from those stayes uppon or aboute the firste
of November last paste and then free to goe to sea./

Ad 3 respondet That hee this respondente is noe seaman, nor hath
any skill of in navigaton et aliter referend se ad predepoita
pro parte sua nescit respondere./

Ad quartum refert se ad predepoita et aliter pro parte sua nescit saveinge
that when the said de ffrancque sawe that the
interrogate Masters were not minded to proceede on the voyage but
had absolutelye refused set doe in respecte they had spent and loste a greate deale of tyme fitt and convenient
to have carried the said shipps forth to sea and put him to a greate deale of chardges lade then caused them
to bee arrested and then the wynde was faire to have
proceeded but the chiefest cause whoe hee had them arrested and detained then
was because they did absolutelye denye and refuse to
goe at all and persisted therein after they were arrested./

Ad quintum respondet That hee beleeveth the money which the said
de ffrancque payd to the articulate Masters was onelye for theire wages
for the tyme they spente here in the River of Thames outwards
bounde and noe otherwise./

Ad sextum pro parte sua nescit respondere./

Signum
ffrancis '+' Browne

[?XXXXXX
1941]
----
11
----
7º Junij 1641

Anthony contra Hall)
Budd Smith)

Johannes Mills parochia de Stepney in Comitatu Middlesex not
etats 28. annorum aut eo circiter testis in hac causa productus iur
et examinatus dicit et deponit prout sequitur videlicet.

Ad primu arlum data ex parte Budd in hac causa datus et admissa dicit.
deponit That he this deponent was a foremast man of and in the articulate shippe
Pleyades the yeares and monethes in question and sayeth that dureing all hee
by the articulate James Hall had the Comannde and government of the said shippe
as master of her and was comonly accounted reputed and taken to be soe as this deponent beleveth
hee really was aliter nescit deponere./

Ad secundum non exaiamiattus ex direccone producents./

Ad 3ua dicit et deponent That the producent came on board the articulate shipp the
Pleyades and entred into pay (as this deponent beleiveth) in the yeare 1637 but
(in
~~~
HCA 13/57 f.123r Annotate [CHECKED]

123

in what monethe this deponent sayeth he knoweth not, and that dureing all the
time of the said shipps voyage the producent did faithfully and diligently
performe his office and bestowe his laboure in the said shippe for any thing
this deponent ever sawe or heard to the Contrary aliter nescit deponere ut
dicit/

Ad 4. 5. 6. et septimum non examinatus ex direccone producents./

Ad octavum dicit et deponit That after the shippe the Pleyades was arrived
safe to Venice the articulate Hall did (without the privitie knowledge or
Consent of the producent as this deponent beleiveth, and likewise without the
Consent or knowledge of this deponent (being the rest of the said shipps Company
as hee beleiveth) lett forth the said shippe to serve the Duke of Venice in a
warlike voyage or ymployments and afterwards procured the Company of the aforesaid
shippe to deliver or declare theire names unto one of the said Dukes Officers
intimating that in case any man should bee hurt or maymed or otherwise
miscarry they or theire freinds should have recompense so much as could be made at have pencons
which Officer tooke and entred their names into a booke, And this he sayeth by
vertue of his oath is most true. aliter nescit deponere./

Ad nonum dicit et deponent That the producent, this deponent and others of the Company
the Pleyades to the number of 20tie (after they founde that the said shippe
was lett out to serve the duke of Venice as aforesaid) did make a ioynt complaint
unto his Majesties Agent resident at Venice against the articulate Hall and spent
some monyes aboute the same and ut dicit aliter pro parte sua dicit quod nescit deponere./

Ad decimum dicit et deponent That after the Complaynte made against the articulate
Hall (as is predeposed of) he the said Hall did promise that in case the said shipps
Company did continue longer in the Duke of Venice his service 4 monethes
that they might then depart from her and leave her at their pleasure
and that he would satisfied them for all
the tyme they had so served in her and gave a noate unto the Carpenter of
the said shippe as this deponent beleiveth to that purpose of which note diverse
of the said shipps Company have Coppies ut dicit aliter nescit deponere./

Ad 11. et 12 non exaiminatur ex direccone producents./

Ad 13um. That muche about the tyme articulate as this deponent verily beleiveth
aliter
~~~
HCA 13/57 f.123v Annotate [CHECKED]

(aliter per cento nescit) the articulate Hall came on board the shippe the
Pleyades some what distemped with drinck and findeing out of the said shipps
Company and one of the duke of Venice his servants Drastling did violently
fall uppon them and strike them (and the said producent standing by) desired the said
Hall to lett them alone whereof uppon the said Hall strooke the said producent about
the head with his fist (whoe defended himselfe only to this deponents sight
and knowledge aliter pro parte sua dicit quod nescit deponere./

Ad 14 et 15 non examinatus ex direccone producents./

Ad sextodecimum dicit et deponit, That to this deponents sight and knowledge he the
said Anthony was imprisoned at Zannt where this deponent sawe and drancke
with him, and afterwards chayned betweene 2 gunns in the Gallion articulate
and all by the means and procurement of the articulate James Hall ut creddit ffor that he
being master of the shippe the Pleyades had likewise the dominacon of
her Company and it lay not within the power of any other to doe as is aforesaid
aliter nescit deponere./

Ad 17 pro parte sua nescit deponere ut dicit/

Ad 18 dicit et deponit dicit That he beleiveth the said Anthony by reason of
his imprisonment hard usage charge and disgrace thereby is damnified to the vallue
of 100li lawfull mony of England at least, and that he this deponent would not
undergoe the like for lesse many ut dicit aliter nescit deponere./

Ad undevicesimum pro parte sua dicit quod nescit deponere./

Ad vicesimum dicit quod refert se ad predepoita proper eum quintum articulos lilo pred (que creddit esse
vera) aliter nescit deponere./

Ad vicesimum primumdicit et deponit That the producent and this deponent and the rest of the
arlate shipps Company continued and remayned in the said Duke of Venices
service by the space of 14 monthes And he verily beleiveth that in case
the producent or any the Halls Company had volantarily putts himselfe into the Duke of Venice service

they might have had farr better pay then they had in the Pleyades aliter pro
parte sua dicit quod nescit deponere./

Super reliqui non examinatus ex direccone producents, 

Johnem Millas [SIGNATURE, RH SIDE]

Idem ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That he cometh to be examined by the procurement of the producent
aliter negvative./

Ad. 2
~~~
HCA 13/57 f.124r Annotate [CHECKED]

124

Ad secundum satisfacta et prius, And he sayeth it will neither preiudice nor advantage
this Respondent howe this cause goe./

Ad tertium respondet quod refert se ad depoita proper eum lilo in hac causa datus et admissa
(qua credit esse vera) aliter nescit respondere./

Ad quartum respondet et Credit That it is ordinary for shipps to be taken upp for the
Dake of Venices service but not for men against their likeinge, That there was
another shippe that served the said Duke togeather which the Pleyades, and that
the Company of the Pleyades had a month and a halfe pay gratis  aliter
nescit respondere/

Ad quintum respondet quod refert se ad praedeposita proper eum lilo pred (qua credit esse
vera) aliter nescit respondere/

Ad sextum respondet qua refert se ut supra aliter nescit respondere./

Ad septimum respondet negative pro parte sua.

Ad octavum respondet et credit that the interrogate Hall is a seaman able and expert enough
to Conduct a shippe as is interrogate et aliter qua referendo se ut supra dicit quod
nescit respondere./

Ad nonum respondet et Credit That the articulate Hall had a parte in the articulate shippe
the Pleyades, and that the articulate shippe was cast away ut dicit
aliter nescit respondere/

Ad decimum nescit respondere he not being at the bringing of the said shipp upp./

Ad undecimum nescit respondere./

Ad duodecimum non concernit huius rendente

Ad tertio decimum respondet quod refert se ad praedeposita per eum lilo pred (qua credit esse vera)
aliter nescit respondere./

John Millas [SIGNATURE, RH SIDE]
----
die pred

Anthonye contra Hall)
Budd Smith)

Thomas Hasle de Shadwell in Comitatu Middlesex nauta annos
agens 24 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet quod Johem
Anthonye partem producentem proper spacium tr[?XX] annorum aut eo circiter
bene novit at Jacob Hall proper spatium duo annorum ultimum etaps
etia bene novit ut dicit./

Ad primum arlum libelli ex parte Anthonye in hac causa dit et admissa
deponit et dicit That within the tyme articulate the arlate Captaine
Hall was master and Comannder of the articulate shippe the Plyades
and had the chardge and comannde of her for the space of two yeares and better
which hee knoweth to bee true for that hee this examinate
served in her for the space of 20 monethes parte of the articulate tyme aliter
nescit.
~~~
HCA 13/57 f.124v Annotate [CHECKED]

Ad tertium deponit et dicit That for all the tyme this examinate continued aboard the
said shippe which was for the space of 20 monethes ut predeposuit
the arlate Anthony for as much as this examinate could observe or heare of did
carry and behave himselfe carefully and laborious in his office
and performed the same well, and honestlye Ac aliter pro parte sua nescit

Ad octavum deponit et dicit That whileste the arlate shippe the Plyades was at
Venice the articulate Hall without the knowledge or consente of him this examinate
or any other of the Companye as hee beleeveth because they complained
thereof afterwards) did lett the said shippe out to serve the duke of
Venice, and one called a Provadore tooke a noate of the Companies
names, And this hee affirmeth uppon his oath to bee true Ac aliter pro
parte sua nescit saveinge that the said shippe served the said
Duke as a man of warr./

Ad nonum deponit et dicit That after the said shippe was soe lett to fraighte to
serve the Duke of Venice ut predeposuit moste of the said shipps
Companye the articulate Anthonye beinge one of them did goe
and make theire complainte to the Englishe Residente there againste
the said Hall and desired to bee cleered and released from that service
but could not obtaine any dismissions before they had served by the space
of 4 monethes at leaste And this hee affirmeth uppon his oath to bee true
hee beinge one of the complainants, Al aliter nescit /

Ad decimum deponit et dicit That uppon the complainte aforesaid hee this examinate beinge
present did heare when the Englishe Resident at Venice aforesaid did
speake and give order to the arlate Hull not to continue any longe the
fower monethes in the said Dukes service and that hee should then
dismisse the said Anthonye and the rest of his Companye in case
the shippe should serve againe, for that they were not willinge to
undergoe that service and the said Hall did then soe promise and
undertake to doe and to that and purpose gave a noate under his
hande, which to his beste remembrance was delivered to the Carpenter of
the said shippe but what is since become thereof hee knoweth not
At aliter nescit./

Ad tertio decimum deponit et dicit That whileste the arlate shippe the Plyades was in the
Duke of Vence his service and whileste shee was and remained in
Zante roade one daye in the summer tyme uppon or aboute the tyme arlate
in the eveninge aboute eighte of the clocke the arlate Anthonye and
one of the Dukes souldiers aboard beinge wrestlinge togeather in of
iuste uppon the said shipps decks, the arlate Hall haveinge bine a
shoare and ariveinge then aboard somewhat distemped with drincke
fell out with the said Anthony and strooke and beate him very much
but whether it were with a sticke called a rattan which hee then hee
his hande or otherwise this examinate doth not nowe well remember but
saieth the said Anthonye did afterwards very much complaine
thereof and had it not bine for some others then aboard the said
Hall had beate the said Anthonye more then hee did And this
hee affirmeth uppon his oath hee beinge then of the watch and
seeinge the passages that happened as aforesaid At aliter pro parte sua
nescit

recod [?XXXXX] interr/

(Quoad Z [?XXXX]
([?XXXXX parte]
(examina[?XXX]
~~~
HCA 13/57 f.125r Annotate [CHECKED]

A

125

7o Junij 1641

Lampton contra Leechland)
Martyn Budd)

1s debt./

Johannes Conningham de Roode Lane London
mercator aetats 52 aut eo circiter testis in hac parte productus
juratus, et examinatus deponit et dicit prout sequitur videlicet.

Ad prima ponem allegaconis ex parte Leechland in hac causa dit
et admissa deponit et dicit That aboute the tyme articulate the articulate
Leechland desired this examinate if hee could to helpe him to the hyer of
a shippe of one hundred and tenn tonnes or thereabouts and
thereuppon this examinate did helpe him to the articulate shippe the
William and Ralphe, and the said Leechland did agree for
her for the voyage in question not takeing her as hee conceiveth
to bee of the burthen of above one hundred and tenn tonnes or
neere thereabouts, Al aliter nescit /

Ad secundum refert se ad predepoita et aliter nescit /

Super reliquis prdluis non exatur ex direccone partis producen

Ad Interrogatoria./ [CENTRE HEADING]

Ad secundum respondet nescit respondere saveinge the interrogate Lampton
tolde him this respondente when hee firste treated with him for the
shippe in question for the voyage in question to his nowe beste remembrance
that the said shippe was of the burthen of one hundred and twentye tonnes
or thereabouts and thereuppon this respondente broughte him to the interrogate
Leechland to agree with him for her her for the said voyage

Ad tertium nescit respondere saveinge that the interrogate Lampton at the
tyme when the said shippe was hired tolde him this respondente that
the said shippe never was at Burdeaux to his knowledge but that the
had broughte from Dansicke to Newcastle to the quantitye of eightye
three lasts of rye, and eightye three lasts in this respondents iudgement
make in Englishe tonnage one hundred and fifty tonnes or mene
thereabouts

Ad quartum refert se ad predepoita et aliter nescit ut dicit/

Ad quintum respondet That hee hath knowen when the said interrogate Leechland
hath taken a shippe to fraighte by the tonne not accounteinge her to
bee of the burthen of above one hundred tonnes but findeinge her
to bee of greater burthen afterwards to the quantitye of 20 tonnes or
thereabouts in that shee hath broughte home more tonnage
then one hundred times hee hath payd for that tonnage accordinge to what hee hath received without
complainte or findeinge faulte thereat, Ac aliter nescit /

Ad decimum pro parte sua nescit respondere ut dicit

Super reliquis interrogatorys non examinatur ex direccone./

John Coningham [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.125v Annotate [CHECKED]

8º Junij 1643

Marston et Charman contra)
Wrighte Smith Yeo)

1s

det

Henricus Trewine de Ratcliffe in Comitatu Middlesex
nauta etatis 30 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit quod
Johem Marston et Thoma Chapman partes producentes per
Spacium sex annorum ultimum etaps bene novit at Beniamin
Wrighte partem contra quam producitur proper spacem true annorum
ultimum etaps etia novit ut dicit /

Ad primum arlum libelli ex parte Marston et soc in hac causa datus
et admissa deponit et dicit that hee this examinate was in Companye of
the arlate shippe the Assurance the voyage in question and wente
Masters Mate of her and soe continued untill shee was readye to come her from Passage for England and therefore knoweth
that the articulate Marston and Chapman were the ffraighters of the
said shippe and for such comonlye accounted reputed, and
taken and for all the tyme articlate and the articulate
Isaacke Bronnell was for all the said tyme master of her, And
this hee affirmeth uppon his oath to bee true Ac aliter nescit /

Ad secundum deponit That within the tyme articulate the articulate shippe
the Assurance was and remained at Anchor at a place called
Passage within a league of Saint Sebastians articulate within the
condition of the Admiralty of England and ebbinge and floweinge
of the sea which hee knoweth to bee true for that hee this examinate
was the Pilott that broughte and conducted her in theither Ac aliter
nescit/

Ad tertium deponit et dicit That whileste the articulate shippe was and
remained at Passage aforesaid there was laden aboard of her
certaine Spanishe iron to the quantitye of 50 or 100 tonnes as neere
as this examinate cann guesse at the same to bee transported therehence
to some ports or places in South Spaine and there to bee delivered
for which the said Marston and Chapman were to have had
and received fraighte And this hee affirmeth uppon his oath to bee
true reddens racoem ut supra./

Ad quartum deponit et dicit That whileste the articulate shippe the
Assurance was and remained at Passage aforesaid and whileste
shee was ladeinge and takeinge in of iron bounde to some parts
of South Spaine beinge as hee conceiveth almoste halfe laden the
arlate Beniamine Wighte came downe to the articulate
Chapman the Cape merchante of the said shippe and in this
examinats presence and heareinge treated and agreed with the said
Chapman for the said shippe to carry and transporte souldiers
from the Groyne for Dunquercke to and for the use of the Kinge of
Spaine, And this hee affirmeth uppon his oath to bee true
Ac aliter nescit saveinge that, hee this examinate beleeveth if the said
Chapman had not condiscended and yeelded to have lett the said
shippe to fraighte for the use aforesaid hee said Wrighte would have enforced or
~~~
HCA 13/57 f.126r Annotate [CHECKED]

126

compelled him thereto or else not have suffered the said shippe to
have stirred therehense, and hee heard the Governor at Passage
saye that if the said shippe had not gone uppon that designe
shee should have bine imbargued there/

Ad quintum refert se ad predepoita et aliter nescit. /

Ad sextum deponit et dicit That in this examinats presence and
heareinge the arlate Beniamine Wrighte did contracte
covenante and agree to and with the articulate Chapman
to cause to bee laden aboard abord the arlate shippe
at the Groyne aforesaid to the number of twoe hundred and
fifty soulders to bee transported in her to the porte of
Dunquercke articulate and did alsoe contracte, covenante and
agree to and with him the said Chapman to paye and
allowe him after the rate of fower poundes and tenn shillings
sterlinge for every of the said souldiers soe to be laden aboard
the said shippe by agreement aforesaid althoughe some of
them dyed in theire passage And this hee affirmeth uppon
his oath to bee true Ac aliter nescit saveinge that the said
monies was agreed uppon by and betweene the said Wrighte
and Chapman the to be payd to the said Chapman
Marston or theire assignes here in the Porte of London

Ad septimum deponit et dicit That to this examinats knowledge hee beinge
at the Groyne when they were taken in there were to the
number of 250 soulders laden and put aboard the articulate
shippe to bee transported therehence to Dunquercke arlate aliter
nescit. /

Ad octavum deponit et dicit That at such tyme when the said
twoe hundred and fifty soulders articulate were laden and putt aboard
the articulate shippe to bee carried and transported to Dunquercke
articulate there were alsoe laden and put aboard the said
shippe twoe Captaine or Commanders over them the one called
Blas Lopez de Gittian and the other Don Martyn de Pros
as is articulate which twoe Captaines had the chardge and
comannde of the said soulders which hee knoweth to bee true
beinge present when they were put aboard Ac aliter nescit/

Ad nonum deponit et dicit that after the said 250 soulders were
put aboard the articulate shippe the at the Groyne aforesaid the said
shippe with the said souldiers and the reste of her ladeinge of
on which shee had formerlye taken in at Passage departed
and sett saile therehense directlye for Dunquercke there
intendinge to lande and deliver the said soulders and this hee
affirmeth uppon his oath to bee true reddens racoem scien sua
ut supra. Et aliter nescit /
~~~
HCA 13/57 f.126v Annotate [CHECKED]

Ad 10. 11. 12. 13. 14. 15. et 16 respective articulos libelli pred deponit et dicit
that comeinge uppon the Coaste of England, hee this examinate beinge
then master of another shippe in Companye with the said shippe
the Assurance and the reste of the English ffleete which had alsoe
taken in souldiers at the Groyne and were to transporte the said
to the porte of Dunquercke the said shippe the Assurance being
of fower saile then the reste of the ffleete were and some wha
sterne of the said ffleete, was persued and chased
by twoe holland men of warr and enforced into the Downes not
dareinge to venture over to Dunquercke for feare of those Hollanders
whoe as hee conceiveth had otherwise intercepted and taken her, and
comeinge into the Downes whileste shee rode at Anchor there hee
this examinate did see the foresaid twoe Captaines which were aboard
of the said shippe the Assurance and had the chardge and
Comannde of the souldiers aboard the said shippe goe aboard
the Spanish Admirall then alsoe in the Downes to speake with
the Generall don Anthonio Oquendo (as this examinate conceiveth) to knowe of him
what they should doe there beinge at that tyme noe hopes or
possibilitye of carrieing the said souldiers to Dunquercke in the said
shippe by reason of the Hollanders that laye in waite for them but
what order or direccon the said Generall gave them this examinate
knoweth not but saieth that hee gave this examinate direccons to doe
with his soulders which hee had aboard his shippe what hee
thought beste and safeste to bee done and hee beleeveth hee
did the like to them and hee alsoe gave this examinate a letter to the
Governor at Dunquercke to receive them a shoare, and soe hee
beleeveth hee did to the reste of the ffleete and amongste
those to the Captaine of the said shippe the Assurance
And this hee affirmeth uppon his oath to bee true At aliter p partes
nescit saveinge that hee saieth a greate parte of the said
250 soulders were put into twoe small barcks to bee carried into the
Dunquercke, and those which were taken of them by the Holland
were taken after they were taken out of the said shippe and the
into the Barcks as aforesaid and soe much hee hath heard some
them since confesse and saye./

Ad 17 pro parte sua nescit deponere./

Ad decimum deponit et dicit That the fraighte of the articulate shippe
and marriners wages and victualls did amounte unto after the rate of
one hundred and seaventye poundes per moneth, and after that the
the articulate Marston and Companye were to paye to the owners of her for her the voyage
in question and the said shippe was uppon the service and desire
the said Beniamyne Wrighte articulate in all by the space of three monthes
at leaste And this hee knoweth to bee true reddens racoem scien sua hee
nescit
~~~
HCA 13/57 f.127r Annotate

127

Ad undevicesimum deponit et dicit That hee beleeveth if the said shippe
had bine greed of that designe shee was uppon in transporteinge
of soulders shee had made a very good voyage to the said Marston
and Companye the ffraighters of her and mighte have gained
at the leaste six or seaven hundred poundes cleere of all chardges
reddens racoem creditts sua for that as hee heard some shipps
that yeare that traded to Spaine and were not taken upp
uppon the like imployment as the Assurance was uppon cleere
themselves, And this hee affirmeth uppon his oath to bee true Ac
aliter pro parte sua nescit /

Ad vicesimum deponit et dicit That hee beleeveth the arlate Marston
and Chapman have and are like to suffer greate damage
by reason of the said shipps imployment as aforesaid but howe
to estimate the same hee knoweth not at aliter referend salvis
ad qua se refert
predepoitis pro parte sua nescit /

Ad vicesimum primum deponia nescit deponere saveinge that hee heard that the
articulate Marston was at the chardge or expence of one hundred
poundes little more or lesse in sendeinge out barcks and useinge
other meanes to give notice to the at Captaine or master of the
foresaid shippe the Assurance of the Hollanders that laye in wante
for the takeinge of her and the reste of the ffleete if they could
have done it

Ad vicesimum secundum nescit deponere saveinge that the articulate shippe the
voyage in question was a stronge, stouch thighte and
sufficient shippe the voyage in question and fitted withall
manner of necessanes for the voyage in question said voyage

Ad vicesimum tertium nescit deponere saveinge this examinate conceiveth and beleeveth
in his conscience the arlate Marston and Chapman nor or either of
them were not in any manner of faulte in the miscarriage of
the foresaid souldiers the voyage in question, nor any of the shippes
Company but that they all did doe theire best endeavors they
could to have expedited and effected the same if it mighte have
bine done

Ad vicesimum quartum deponit That hee hath heard the arlate Master demannde
fraighte of the articulate Nathan Wrighte for the foresaid soulders
and hath heard the said Wrighte refuse and denye to paye the same
Ac aliter nescit /

Super reliquis non exatur ex direccone

Jeneris Trewe
~~~
HCA 13/57 f.127v Annotate

8o Junij 1641

de ffrances contra Mainer)
et alios Budd Smith)

3s

debt

Ambrous Pie de Genoa yeoman etats 22 aut eo
circiter testis in hac parte productus, iuratus, et examinatus
deponit et dicit prout sequitur videlicet quod Johem Nichola
de ffrants proper spatiu quator annorum ultimum etaps novit
dicit et partes respective contra quas productus proper spacia nove
menson ultimum etaps et novit ut dicit /

Ad nonu arlu libelli ex parte de ffrancis in hac causa datus et ad
deponit et dicit that after the release of the articulate shipps was
procured and that they had free leave and livertye to goe to sea
the arlate Coxe Bowden and Mariner the respective masters of
them refused and neglected to goe to sea but demannded theire
wages aforesaid and soe did all or moste of the said
shippes Companye beinge as hee conceived soe sett on by the
sea in
the said Masters
said masters and did further alleage that they would not budge
forsake or goe of the said shipps untill they had theire wages
payd them downe or used wordes to the same or the like effecte
to him the said de ffrance and his assigne in that particuler
imployed to speake to them to proceede on uppon the intende
voyage in the presence of him this examinate And this hee affirmeth
uppon his oath to bee true Al aliter nescit /

Ad decimum deponit et dicit That uppon the said masters and
Companies demand to proceede to sea without theire wages aforesaid
the said de ffrants did cause the said wages by them
demannded to bee forthwith payd them which was accordinglye
done in hopes that they would presentlye thereuppon have
proceeded to sea into with the said shipps and uppon the interrogated
voyage and to his nowe beste remembrance the whole some which
was then payd did amounte unto yor hundred pounds sterlinge
shipp did
reddens rationem scientiae suae for that hee sawe some of the money
payd the and did helpe to carry downe the said money and
same
which payd them and sawe parte of the said money pay the
insome parte at Ratcliffe and some at Gravesende where the said
shipps laye And this hee affirmeth uppon his oath to bee true
At aliter nescit /

Ad undecimum deponit that after the foresaid monies were payd the said
masters for theires and the Companies wages as aforesaid videlicet shipp
depre
or aboute the thirty of December 1648 articulate the said shippes
then
were cleered from all arrests whatsoever and dischardged and his
free leave to proceede on to sea, and were sufficientlye to this examinats
a peece
knowledge victualled for three monethes victualls and ready to see
saile and soe much the said masters in this examinats presence and
heareinge did acknowledge and confesse and sayd that althoughe
heretofore
they had desired 4 monethes victualls yet they would nowe bee
contented with that which they had and would forthwith proceede on to the
And this hee affirmeth uppon his oath to bee true At al
~~~
HCA 13/57 f.128r Annotate

128

Ad duodecimum deponit et dicit That uppon the xxxth daye of
December articulate and for the space of twoe or three dayes
after videlicet the wynde was faire to have carried the said shipps
out of the River forth to sea which hee knoweth to bee true for
that in that tyme hee this examinate sawe neere uppon fortye
saile of shipps small and greate that passed by Gravesend
where the said three shipp in question laye, and went out to
sea and soe hee conceiveth the said shipps mighte have done
in case the said masters had bine willinge thereto and have
used theire endeavors as they mighte and oughte to have done
beinge thereunto required and desired And this hee affirmeth
uppon his oath to bee true At aliter pro parte sua nescit /
de out

Ad quintodecimum pro parte sua nescit saveinge that hee this examinate sawe a
letter written to the arlate de ffrance from the Groyne wherein
it was expressed that there were to to the number of twoe
hundred men which laye ready at the Broyne in expectacon
of the foresaid shippes dureinge the tyme they stayed here is
in the River of Thames and did not proceede by reason of the
said masters neglecte all which men laye there at the said
de ffrancques chardge ut credit but howe much that did amount unto
or howe longe certainelye they soe stayed there hee knoweth not
At aliter nescit./

Ad duodevicesimum deponit et dicit That the arlate masters have not
of the said shipps pvissen
delivered upp soe much to the vallue of forty poundes a peece
as was delivered them by Inventarye and besides hee saieth a
greate parte of that which is menconed in the Jurentry delivered
upp is very much abused with rotte and otherwise torne and
spoiled And this hee affirmeth uppon his oath to bee true At
aliter nescit /

Super reliquis arlis non examinatur ex direccone./

Ad Interrogatoria./

Ad primum respondet That hee cometh to testifie in this cause it the
requeste of master de ffrange the producent et quod eque
favet partibus litigan et aliter negative saveinge that some tymes
when the said de ffrances man is out of the waye this respondente
doth wante uppon him for which the said de ffrancque payeth him./

Ad secundum refert se ad predepoita et aliter nescit saveinge that the
interrogate shipps were arrested or made staye of but by whom or
at whose instance hee knoweth not/

Ad tertium refert se ad predepoita et aliter pro parte sua negative et nescit /
reddet that some tymes

Ad quartum refert se ad predepoita et aliter nescit saveinge that
before the 30th of December aforesaid the said masters did complaine for
victualls but after that they never made any complainte to this
rendents knowledge, neither doth hee beleeve they had any cause
of
~~~
HCA 13/57 f.128v Annotate

of complainte for victualls then for the reasons before by him
deposed of, but yet notwithstandinge they did then and after
that neglecte to proceede on uppon the intended voyage with
the said shipps whereuppon the said de ffrancque ut creddit
caused them to bee arrested, Al aliter nescit /

Ad quintum respondet That hee beleeveth the money which was payd
to the arlate Masters ut predeposuit was payd them for theire
wages for the tyme spent in the River by the said masters neglecte
aforesaid And not otherwise

Ad sextum pro parte sua nescit respondere/

Signum
Ambrose
Plie
+
Emans
1641
----
9º Junij 1641

Wall contra navem the
Elsabeth at contra Ensome
Yeo Smith

1s
debt

Tobias Sheilde de Dublyn mercator etatis 32 aut
annoru aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit quod William Wall partem
producentem proper spatiu quinque annoru ultimum etaps bene novit
ut dicit at Robertium Enson unparte producen a mense ffebruis
aute 1639 aut eo circiter etia novit ut dicit reliquas vero partes
producen non novit ut dicit./

Ad sextum arlum libelli ex parte Wall in hac causa datus et admissa deponit
et dicit That within the tyme arlate videlicet uppon or aboute the 17th
daye of December articulate hee this examinate beinge the articulate Walls
ffactor residente at Dublyn aforesaid whether the articulate shippe
should have come and delivered accordinge to bill of ladeinge
received a letter from the articulate Ensome the master of her
intimateinge to this examinate that his said shippe and hee with her
and
ladeinge of wynes were enforced in to Corcke ⁁ but that hee could
as soone as possible could not come to Dublyn but as soone as
hee could hee would saile to Waterforde where hee desired his
examinate to take order for the landeinge of the said wynes Walls
wynes and thereuppon this examinate did write to a freinde of his
Waterford to looke after the said shippe and uppon hee
arrivall there to cause the said wynes to bee landed but after the
this examinate receiveinge a second letter from the said Ensome that hee
xxxxxxxx
could neither come for Dublyn nor yet goe for Waterforde xxx
that hee muste lande the said wynes at Corcke and there
desired this examinate to come or send thether and take some course what
to doe with the said wynes whereuppon this examinate came to Corcke and
there spoake with the said Ensome and procured with him for the
landeinge of the said wynes but whileste they were landeing as
(hee
~~~
HCA 13/57 f.129r Annotate

129

hee beleeveth by order or direccons from his owners master Henlye and
Hawkeridge the which hee beleeveth to bee true for that hee sawe
letters from them to that purpose which the said Ensome shewed
him, hee the said Ensome made staye of landeinge any
more of the said wynes unles this examinate would firste take some
course to paye him full fraighte, demorage and average for
the said wynes alleageinge that soe was his order from his owne
merchant
before hee lett the said wynes goe out of the said shippe
further alleageinge that his shippe was his Castle and there hee
would detaine the remainder of the said wynes untill hee
had satisfaccon for the same as aforesaid or further order what
els to doe from the foresaid Hawkeridge or Henlye, and then this
examinate desired him to suffer the said wynes to bee landed assureinge
him that they should bee sequestred untill things were better
accordinge and agreed uppon concerneinge the same but the
said Ensome notwithstandinge this examinats profferr yet refused
to lett the said wynes bee landed and then this examinate tolde him
that if hee would not lett them bee landed hee muste and would
proteste againste him for the same and hee made answere againe
that if hee did hee could not tell hewe to helpe the same
and there uppon this examinate did proteste againste him for the not
landeinge of the said wynes and acquainted the said Ensome
therewith when and after hee had made the same and yet
notwithstandinge the said Ensome would not nor did suffer
beyninge
the said wynes to bee landed untill or aboute the 14th of Aprill
1648 arlate And this hee affirmeth uppon his oath to bee true
At aliter nescit /

Ad septimum ppte sua nescit saveinge that to this examinats knowledge tenn
proper cent is accounted ordinary leakeage in wynes broughte from
Cales or any other Porte in Spaine to Dublyn in Ireland

Ad octavum pro parte sua nescit deponere keepeinge noe accounte of the
leakeage of the said wynes that beinge referred to master Malls man
to looke after

Ad nonum pro parte sua nescit deponere but beleeveth and knoweth the
said Wall hath suffered and is like to suffer greate damage by
reason the said wynes were not delivered at the Porte
whereto they were designed by bill of ladeinge, and that hee alsoe
thincketh
beleeveth in case they had come to Dublyn, when they came
to Corcke and had there bine safe delivered accordinge to bill of
ladeinge the said Mall all things rightlye considered had gonne
in his extate to the value of eighte hundred
bin bestered estent by a thousand poundes little more or lesse./

Ad decimum nescit deponere saveinge that hee beleeveth the wynes in
(question
~~~
HCA 13/57 f.129v Annotate

question coste and were worth at Cales where they were taken in
tenn pounds a butt little more or lesse, and hee alsoe beleeveth
that they would have yeelded after the rate of 16li or 17li per butt
at Dublyn if they had there bine safe delivered giveinge a
reason of such his beleife for that within the tyme articulate hee
this examinate did sell wynes at Dublyn after the same rate xxx
aliter nescit./

Ad 11 nescit deponere./

Ad 12 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Ad duodecimum refert se ad predepoita et aliter nescit saveinge that as it
appeared by bill of ladeinge which this examinats received under the hand
of the foresaid Ensome there were to the quantitye of twoe hundred
and sixtye fower butts 4 or 263 butts of wyne laden aboard the foresaid
shippe to bee delivered at Dublyn aforesaid for the accounte of the articulate Wall and hee never heard or
understoode that there were any more then about twoe hundred
full butts delivered wynes delivered out of the said shippe then
to the quantitye of twoe hundred and thirtye full butts but for the
more certaintye thereof hee referreth himselfe to the accounte kepte
by Walls man of the same called Henry Britten hee this examinate
keepeinge noe accounte thereof./

Super reliquis non exatur./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primun respondet That hee cometh to testifie in this cause at the
requeste of the interrogate Wall sed eque favet partibus litigan et
optat victoria ius have et aliter negative./

Ad secundum respondet That hee neither had nor hath any intereste in the
busines in question nor in the wynes in question./

Ad tertium That the wynes in question were as hee hath heard and
beleeveth were laden aboard the said shippe by one master Kinge this
as hee hath alsoe heard was and is the interrogate Henlyes ffactor
At aliter nescit /

Ad quartum respondet That hee heard as much as is interrogate as is

Ad quintum respondet That hee hath heard as much as is interrogate at
nescit /

Ad 6 refert se ad predepoita et aliter nescit for want of the said
Letter./

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

Ad octavum refert se ad predepoita et aliter nescit saveinge that the
and his xxxx
beleeveth and that the interrogate master Henlye ⁁ ffactor were the cause
or reason whoe the said wynes in question were not sooner landed and
soe much the said Ensome hath acknowledged to him this respondet

Toby shield
~~~
HCA 13/57 f.130r Annotate

130

9o Junij 1641

Crowther contra Sames)
et Amhurste Yeo Martyn)

3s

deb.

Thomas Sturropp de Saint Olaves in Burgo de
Southwarcke Victualler etatis 40 aut annorum aut
eo circiter testis in hac parte productus, iuratus, et examinatus
deponit et dicit quod partem producente non novit sed partes
contra quas producitur proper spaci sex annoru ultimum etaps at ultra
respective novit ut dicit/

Ad septimum arlu libelli ex parte partis producen in hac causa datus et
admissa deponit et dicit That the lighter in which the butt
of wyne was was out of the ordinary reach or purchase of the
arlate Crane when the same was attempted to bee landed and
it was then a lowe water and by reason of that and other shippes
or vessells that laye at that wharfe or by the same could not bee
safelye landed nor the said lighter came any never the came then
shee was for that tyme and then besides the Porters whoe were at
the takeinge uppon of the reste of the wynes arlate had then
desisted and given over worcke for that nighte as loath to meddle
with the said butt of wyne then because of the dannger thereof And
this hee sawe and knoweth to bee true Al aliter nescit /

Ad octavum salvis predepoitis pro parte sua nescit deponere./

Ad nonum deponit et dicit That hee this examinate beinge then in the same
lighter where the butt of wyne was in question was did heare the
arlate Amhurste speake to some causa Porters that stoode by upon
the wharfe or Keye to helpe him to lande the said butt of wyne
and whileste hee was aboute the same would have had him this examinate
to have leat him his helpeinge hande which this examinate by reason of the
dannger which afterwards followed hee suspectinge the same
the said Amhurste
absolutelye refused to doe and would have had him to have lett the
same alone as it was but the said Amhurste willed the said
Porters to goe on and sayd that hee would warrante the said
Butt whereuppon they did attempte the landinge of the same
And this hee affirmeth uppon his oath to bee true At aliter nescit /

Ad decimum deponit That uppon the foresaid Amhursts warrante
the said Porters soe imployed by the him aboute the landeinge of the
butt of wyne in question did venture uppon and under take the
same and the said Amhurste himselfe helde the gage to the
Crane but the said butt beinge too farr out of the ordinary
reach of the said Crane the slings wherewith the said but was slunge
slipped and by that meanes the same fell downe and was
staved and the wyne therein quitt loste and spilte, And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad undecimum deponit That hee conceiveth the said butt of wyne in
and at the tyme
question before the saveinge thereof was very well worth the same
of 16li sterlinge and soe much hee beleeveth the same would have
yeelded
~~~
HCA 13/57 f.130v Annotate

yeelded accordinge to the rates the like sorts of wyne were then
solde for here in London And this hee affirmeth uppon his
oath to bee true At aliter nescit /

Super reliquis arlis non exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primum respondet That hee cometh to testifie in this cause beinge
thereunto compelled by the producent by an thirtye ut credit of
this Courte et quod equa favet ptibus litigan et optat victoria
ins have

Ad secundum non concernt huit rendentem./

Ad 4 respondet That the porters imployed aboute the landeinge
of the said butt of wyne in question were present the and the
wyne Coopers man appointed to looke after the foresaid wynes were
present when the foresaid Anchorste spoake what hee hath formerlye
deposed in this respondents heareinge, and when hee soe speake the
said Anchorse
said words the was in the lighter where in the said butt of wyne
was at aliter nescit /

Ad quintum respondet That for his parte hee beleeveth the interrogate Porters
in case they had endeavoured and attempted the same could not
have taken upp the interrogate butt of wyne at such tyme when
without
the foresaid with exceedeinge greate and apparent dannger at
such tyme when the said Amhurste and those by him in that
behalfe sett aworcke and imployed did attempte the same
Al aliter nescit /

Ad sextum respondet That hee had noe hand at all nor was any wayes
imployed or made use of for or aboute the landeinge of the
butt of wyne in question, and therefore conceiveth that hee neither
is shall or oughte desire to bee sued or impleaded for or
concerneinge the same neither by the interrogate Courther nor any
other that hath or had any intereste in the same et aliter pro parte
sua respondet negative./

Signum
Thomas
Surrog
2
----
9o Junij 1641

Marston contra Dm Russell et)
alios Budd Smith Crof)
Martyn)

Anthonios Batenser de Ratcliffe in Comitatu
Middlesex Barbachirurgus etats 47 and annor
aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout s
videlicet./

Ad prima prem alluis 2º loco ex parte Marston partis producen
hac causa datus et admissa deponit et dicit That betweene the said
daye of November and the 13th of the same moneth the said
was
~~~
HCA 13/57 f.131r Annotate

131

faire to have carried the arlate shippe the Hopewell out of the
downes which hee well knoweth to bee true for that hee this examinate
was then Chirurgeon of a shippe nother shippe, which laye the
in the Downes bounde to the Southward which in to within that
shippe
tyme did sett saile out of the Downes and proceeded on her
voyage to the strongets Southward and soe hee beleeveth had the
well
articulate shippe the Elsabeths done in case shee had not bine
shipped as soe hee hath heard and beleeveth shee was was, And
this hee affirmeth uppon his oath to bee true Al aliter pro
sua nescit deponere, saveinge that the shippe wherein this
examinate was safelye arrived at Cales uppon the sixt daye of
December then nexte followeinge and soe hee conceiveth mighte the
said shippe the Hopewell have donne in case shee had
gone alonge with them and not bine hundred as shee was

Super reliquis non exatur ex direccone./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primu quod pericula proper mry fit quod petitur et aliter
pro parte sua respondet negative./

Ad 2 pro parte sua respondet negative./

Ad tertium nescit /

Ad nonum non concernit huic rendentem./

Ad quintum pro parte sua nescit respondere./

Ad sextum pro parte sua nescit respondere./

Ad 7 non concernit him rendentem./

Ad octavum non concernt huc rendentem./

Ad nonum non concernt huit rendentem./

Ad decimum pro parte sua nescit respondere ut dicit /

Ad undecimum non concernit huic rendentem./

Ad duodecimum non concernit quic rendentem./

Ad 13 et 14 mull mood concernt huis rendenter et aliter negative./

Will Manie [SIGNATURE]
----
1º Junij 1641

Richard Cooper of Deptforde in the County of Kente merchante
aged aboute 37 yeares sworne before the worshipfull Willmj Sames
Doctor of Lawes Surrogate to the righte worshipfull Sir Henry Marten Knight
Judge of his Majestyes highe Courte of the Admiraltye beinge examined
uppon certaine Interrogatories ministred to him on the behalfe of
Bregory Clement Richard Shurte and others sayeth thereto as
followeth videlicet /

To the 11th Interrogatory hee saieth that hee this examinate knoweth o
~~~
HCA 13/57 f.131v Annotate

a pollicy of assurance dated the 4th daye of March Anno
domini 1639 made of the shippe called the Elizabeth of
London and her tackle and furniture for the sume of one
hundred poundes from Galloway, Kilbegg, or any other ports
ports or places in Ireland to Saint Malloes in ffrannce, of which
shippe one John Babb was said to bee master) and aboute
eleaven or twelve dayes after the date of that pollicy of
assurance to his nowe beste remembrance, hee this examinate began
to suspecte that the busines was not fairely carried by that
partye that pcured that pollicy of assurance to bee subscribed
for the same aforesaid heareinge that before the date thereof
the said shippe was caste awaye, and hee this examinate beinge
the partie that by the procurement of some of his acquaintance
had subscribed the said pollicy did to when went to them and
acquainted them thereof and taxed them of unkindes in
useinge of him as they had done gettinge or perswadeinge of
him to make an assurance for that which hee conceived was
loste before the date of the pollicy of assurance and afterwards
speakeinge with one William Babb the ffather of the
foresaid John Babb accused him for such his trecherous dealeinge
with him in causeinge him to signe a pollicy of assurance
for a shippe which hee knewe was loste before and told him
that hee would question him for the same and made him
make him an example to others to beware of doinge
beleeve that hee would have him in the ple for the same
the like as hee had donne
⁁ whereuppon the said William was contented to take upp the
busines and to referr himselfe solelye to him this examinate
the said pollicy beinge made in his the said Williams owne
name, and thereuppon this examinate tooke in his pollicy of assurance
which hee had signed of a hundred poundes uppon the body
tackle and furniture of the said shippe and delivered upp the
said Babb the sume of five poundes sterlinge money which
hee had received of him for premia, and the said Babb
accepted thereof And this hee affirmeth uppon his oath to bee
true and more to this Interrogatory for his parte hee cannot depose
saveinge that hee was tolde by some of the said William Babb
Neighbours that the foresaid John Babb his sonne was at
home at his ffathers house where the foresaid pollicy was signed
by him this examinate and or very suddenly after and that hee had
kepte in and concealed himselfe for the space of tenn or
eleaven dayes

Richard Cooper [SIGNATURE]
~~~
HCA 13/57 f.132r Annotate
132

11º Junij 1641

Risden contra Xxxxx
Martyn Budd

1s

Henricus Saunders de Weymouth in comitatu Dorsettia nauta annos
agens 30 aut eo circiter testis in hac parte productus iuratus et
examinatus deponit et dicit prout sequitur videlicet /

Ad sextum prem alluis ex parte partis producen in hac causa datus et
the Caske wherein
admissa deponit et dicit that hee this examinate hath both seene and observed
verelately
tasted of parte of the wynes in question broughte to this Porte of
London in the shippe called the Mary Rose of Dartmouth of which
shippe Nicholas Risden was master, and those which came as this
Casks of corne
are more properly
examinate conceiveth he wanly called punctions of wyne the
was hogsheades, there beinge the a quarter of one greate
difference betweene them, three puncheons of their makeinge but
a tonne and fower hogsheades goeinge to tonne and soe
much hee beleeveth is well knowen to moste merchants or masters
said shipps that trade to ffrance from whence the wynes in question
came And this hee hath observed and knoweth to bee true./
At aliter pro parte sua nescit deponere./

Super reliquis arlis non exatur ex direccone
Henry Sanders
----
die pred

Petrus ffrogier de Weymouth in comitatu Dorsetta nauta annos
agens 22 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet /

Ad sextum prem alluis ex parte partis producen in hac causa datus et
admissa deponit That hee this examinate was borne in ffrannce and
lived there moste parte of his tyme and thereby knoweth that there
is difference in Bayon Caske, some beinge properlye called in
Englishe punchions and some hogsheades and a parchions are
of a bigger sorte of Caske then hogsheades are of, three puncheons
of wyne beinge accounted but one tonne, and fower hogsheades
goeinge to a tonne And this hee hath observed and seene and
knoweth to bee true Al aliter pro parte sua nescit saveinge that hee
hath seene the Caske where in the wynes in question were and
knoweth that they are of the bigger sorte of Caske which is
muste properlye called puncheon Caske
Super reliquis plus non examinatus ex direccone./

Peter froger
~~~
HCA 13/57 f.132v Annotate
18º Junij 1643

Marston et Chapman contra
Wrighte Smith Yeo

2s

Richardus ffrye de Wappinge in comitatu Middlesex
nauta annos agens 25 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit quod
Johem Marston et Thoma Chapman partes producents or
space tru annoru ultimum etaps bene respective novit et
Beniamin Wrighte partem cona quam producitur proper bienn
aut eo circiter ex visa novit ut dicit/

Ad primu arlu libelli in hac parte datus et admissa deponit et dicit
That for all the tyme arlate the arlate Marston and Company
were generally accounted reputed and taken to bee the principall
heeres and ffraighters of the arlate shippe the Assurance
Isaacke Bromwell master) as hee beleeveth they were indeede
hee beinge one of the Companye and serveinge in the said
shippe all the said tyme Al aliter nescit /

Ad secundum deponit et dicit That within the tyme arlate the arlate
shippe the Assurance, sett saile and departed from Gravesend
outward bounde and came and arrived at a place called
Passage within three miles of Saint Sebastians arlate, and there
anchored and stayed which hee knoweth to bee true reddens
rationem ut supra. At aliter nescit /

Ad tertium deponit et dicit That whileste the arlate shippe the
Assurance was and remained at Passage aforesaid shee tooke ⁁ neere
uppon one hundred tonnes of Spanishe iron to bee carried
and there to take in the residice of her ladeinge for
therehence to a place called Robaduce in South Spaine for
which ron ut credit the arlate Marston and Chapman or one
of them were to have had fraighte which hee knoweth to bee
true beinge reddens racoem scien sua ut supra and beinge and
of those that did helpe to take in and lade the said fron aboard
the said shippe Al aliter nescit /

Ad quartum deponit et dicit That whileste the arlate shippe the
Assurance was and remained at Passage aforesaid takeinge in
from there as aforesaid the arlate Beniamine Wrighte have
aboard the said shippe and sayd that hee muste take the
upp to serve the Kinge of Spaine and that shee muste on
from thence to the Groyne, and there take in for souldiers
and transporte them from thence to Dunquercke for the said
of the said Kinge and the Company beinge unwillinge the
that service or imployment the said Wrighte haveinge soe
with the arlate Chapman the said Chapman told them the
they muste bee contented to undertake that service by five hee
otherwise the said Wright would compell them the said
1s
~~~
HCA 13/57 f.133r Annotate
133

meanes or cause them to bee all turned out of the said shippe
And this hee affirmeth uppon his oath to bee true reddens
rationem scien sua ut supra, At aliter nescit /

Ad quintum deponent et dicit the said shipp the Assurance
did departe from Passage aforesaid and sailed to the Groyne
and did there take in souldiers to bee carried from Dunquercke
for the use of the said Kinge of Spaine by the order and
appointment of the arlate Wrighte whoe had by compulsion
the the
this hee affirmeth uppon his oath to bee true reddens rationem
scien sua ut supra. At aliter nescit /

Ad sextum deponit et dicit That hee this examinate was not present with
the said Wrighte and Chapman when they did agree what
number of soulders were to bee taken in aboard the arlate
shippe, nor what was to bee payd a heade for them but saieth
that after they came with the said shippe to the Groyne aforesaid
there were to the number of 250 souldiers taken into the said
shippe to bee transported therehence for Dunquercke and as it
was then generally reported and as some of them confessed
themselves there was 4 xs a heade to bee payd for theire
transportation and that in case any of them shoulde dye by
them that soe dyed
the waye yet fraighte was to bee payd for him aswell as for
those that servived And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad septimum refert se ad predepoita aliter nescit /

Ad octavum pro parte sua nescit saveinge that there were twoe Captaines
put aboard the arlate shippe the Assurance at the Groyne
aforesaid but there names hee doth not at present well
remember that had the orderinge and comannde or goverment
of the arlate 250 souldiers aboard the said shippe And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad nonum deponit et dicit That after the arlate souldiers were
put aboard the arlate shippe shee and the reste of her ladeinge
of iron aforesaid which should have bine transported to some other
place in Spaine departed and sett saile from the Groyne
bounde for Dunquercke with full purpose and intent to have
delivered the said souldiers or soe many of them as hould bee
then liveinge there And this hee affirmeth uppon his oath to bee
true reddens racoem scien sua ut supra et aliter nescit/
et undecimum

Ad decimum deponit et dicit That in the arlate shipps cause in the
~~~
HCA 13/57 f.133v Annotate
Groyne aforesaid towards Dunquercke with the foresaid soulders aboute
Dunques beinge a sterne of the reste of the ffleete of shipps
they
that had alsoe souldiers aboard of them ⁁ were chased by twoe
Holland men of warr and in election to have bine taken about
them in case they in the Assurance had not boare upp of
the shoare which those Hollanders perceiveinge boare of the
sea, and afterwards (the sea thereabouts beinge full of Holland
they in the Assurance with the consent and direccons of
the foresaid twoe Captaines or Comanders aboard seeinge to
other shipps strike into the Downes did alsoe saile into the
Downes thereby to avoyde surpriseinge and takeinge, And this
hee affirmeth uppon his oath to bee true reddens racoem
scien sua ut supra Al aliter nescit /

Ad duodecimum deponit et dicit That after they came into the Downes
the foresaid twoe Spanishe Captaines or Comanders that had the
comannde of the said Spanishe souldiers did goe aboard of the
Generall shippe arlate, the Spanishe ffleete then lieinge in the
Downes to speake with him and consulte with him as this examinate
conceived what should bee done with the said souldier
And this hee affirmeth uppon his oath to bee true reddens
racoem scien sua ut supra. At aliter nescit /

14. et quintodecimum

Ad tertio decimum deponit et dicit That after the said twoe Spanishe Captaines
had true aboard of the Generalls shippe and spoaken and
advised with him what to doe with the said soulders aboard the
arlate shippe the Assurance, when they came aboard the
Assurance againe they resolved to put the said souldier in
twoe small barques in the nighte tyme thereby to convey them
safe to Dunquercke holdeinge and takeinge that course to bee the
moste safeste and beste wayes they could take and thereuppon
the said souldiers or soe manye of them as were then livinge
were taken out of the said shippe the Assurance in the might
tyme and put into twoe small barques to bee carried to
Dunquercke by the order and approbacon of the said to
Spanishe Captaines and after they were in the said Barques
they told the master of the said shippe and some of his
of them
Companye that nowe they were freed, And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad sextodecimum deponit et dicit That none of the foresaid 250 Spanish
sundry were surprised and taken by the Hollanders while hee
and remained aboard the arlate shippe the Assurance, but the to
the
~~~
HCA 13/57 f.134r Annotate
134

three dayes after they had bine aboard the foresaid two bargues the said
barques lyeinge wynde bounde and not able to gett to Dunquercke
someth the said under were as hee heard was beleeveth there them in the tonnes
and notwithstandinge the said buyes at hee hath hee were takeinge
some of those souldiers anned and came of Dunquercke soe
which tyme hee this examinate hath seene one of the foresaid Captaines
at Dunquercke, And this hee affirmeth uppon his oath to bee true
the the
Hollanders were take in the barques and not abord the said
upp the in the the
to the
upon the Groyne aforesaid towards Dunquercke betweene the tyme
theire departeinge from the Groyne and the tyme of their netts
in the Downes arlate there died to the number of fifty of
the said soulders And this hee affirmeth uppon his oath to bee true
reddens raconem scien sua ut supra at aliter nescit/
to the hee said
was uppon the service aforesaid, which the arlate have taken hee was
Wrighte
he heareinge which
arlate Marston was to allowe and paye to the owners of her of one
hee had taken her to fraighte after the rate of one hundred and sixte
poundes proper moneth for every moneth shee should bee out in the
said Marstons service and soe much hee often heard the master of
the said shippe and others of her Companye confesse and affirme
And this hee affirmeth uppon his oath to bee true At aliter nescit/

Ad tertio decimum pro parte sua nescit saveinge that hee verylye beleeveth
in case the said shippe the Assurance had not bene forced by the
arlate Wrighte to undertake the service and imployment shee
was uppon shee would or mighte well have produced to the
said Marston that voyage before shee had returned home at the leaste
100li sterlinge cleere of all chardges in case shee had come home safe

Ad vicesimum refert se ad praedepoita et aliter nescit saveinge that
consideringe what the arlate Marston was to paye for the fraighe of
the said shippe and the losse of the profitt hee had or might have
gannes by the use of her in case shee had not one engered uppon
the service aforesaid, hee beleeveth hee is dampnified one wayes or other
neere uppon 14 or 15 hundred pounds sterlinge

Ad secundum pro parte sua nescit saveinge that the arlate Marston hee beleeveth
was at greate chardge and exce expences in provideinge aforesaid
victualls for the foresaid souldiers whileste they were in the Downes
and fore before in provideinge boates and other vessells to give them notice
at
of the Holland ffleete they laye in wante for them but howe to estimate
the same hee knoweth not to
~~~
HCA 13/57 f.134v Annotate

Ad vicesimum secundum deponit et dicit That the arlate shippe the Assurance
was the voyage in question a very stronge, staunch, thighte and
able shippe and fitted and provided with men ordnance and
other materialls and mannicon fitt for the imployment or
designe shee was uppon, and alwayes ready to have undertake
any fighte or defence that mighte have happened for or by pease
the Master and Companye
of the said souldiers aboard or otherwise, and likewise willinge
and readye to obey the comannde of the said Captaines aboard
in case the had desired the same
in what was fittinge, And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad vicesimum tertium deponit et dicit That the master and Company did
doe theire endeavors as much as in them laye and could
bee done in such a case to transporte the foresaid soulders to
Dunquercke arlate and did very well in this examinats judgement
deserve the fraighte for theire transportation and soe much both
the foresaid Captaine and some of the said souldiers have
fire they came into the Downes bee
since acknowledged and confessed And this hee affirmeth uppon
his oath to bee true At aliter nescit /

Ad vicesimum quartum deponit et dicit That yesterday hee this examinate and the
master of the arlate shippe the Assurance and master Marstons
man were at master Nathan Wrights house to demannde the
fraighte for the transportation of the foresaid soulders but the said
Wrighte refused to paye the same And this hee affirmeth
uppon his oath to bee true At aliter salvis predepoitis nescit /

Super reliquis non examinatus

Richard ffor [SIGNATURE, RH SIDE]

Repetit contra Doctore
Sames arrogates
----
19o Junij 1641

Jennings contra Jones et
alios s Yeo Smith

Willimus Jennens de Plymoutha in comitatu Devonia
mercator etats 26 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur videlicet

A primu secundu et reliquos articulos libelli ex parte Abraham Jennings
in hac parte datus et admissa deponit et dicit That within the tyme and
the arlate Anthonye Groome was generallye accounted reputed
taken to bee master and parte owner of the arlate shippe the the
and soe this examinate hath seene the said Groome conte himselfe in the
severall charter parties made and sealed within the said tyme
twoe severall voyage which hee undertake with the said shippe and
within the said tyme all and singular the severall materialls
the firste schedule arlate were at the requeste and by the said one
meanes and appointment ut credit delivered, or caused to bee being
by
~~~
HCA 13/57 f.135r Annotate
135

the arlate Abraham Jennings the owner and pprietor thereof to and
for the use and provision of the said shippe for and towards the fittinge
and settinge of her forth to sea uppon and were worth the severall
and respective somes of money expressed and sett downe in the said
schedule for the same, and that whileste the said shippe was and
remained at Plymouth aforesaid within the tyme arlate there was delivered
the said Groome the sume of ye sterlinge to bee payd repayed
againe with twentye shillings for the leave thereof uppon the said
shipp returne from sea from the voyage uppon which shee was
then bounde out upon which said sume of tenn poundes was to
allege
cleere the said shippe as the said Groome confessed without which shee
must otherwise have stayed beinge then shee did before shee had
as hee not able to goe to sea without the same
goe to sea which hee knoweth to bee true for that hee this examinate
on the said Abraham Jennings his but behalfe payed and delivered the
said money to the said Groome and made upp the accounte of the
said goodes or materialls schedulated and shewed the same to the
said Groome before his goeinge to sea, and hee confessed and acknowledged
the delivery and receite of the same and pmised satisfaccon
the in the the
arlate groes wife the twoe severall sume sume of five
poundes in the arlate schedule menconed and to the said
Groome in ffrannce fifty livers ffrench money which maketh by
the said Jennings his ffactor there, for which the said Jennings hath give
his said ffactor an allowance, the said fifty livers amounteinge to
neere uppon fower pounds sterlinge money, And this hee affirmeth
on his oath to bee true At aliter pro parte sua nescit /

Ad Interrogatoria./

Ad primu respondet negative saveinge the fillall interest hee hath
hath to his ffathers estate in case hee did dureinge the dependance
of this suite the said Jennings the plaintiffe beinge his ffather./

Ad secundum refert se ad predepoita et aliter nescit saveinge that the
foresaid part was delivered the said Groome and by him received on
aboute the 27th of July 1639 within the tyme libellate

Ad tertium refert se ad secundum sched arlatam, which hee beleeveth
was signed and delivered to his said ffathers use and by him accepted
of for the present

Ad quartum refert se ad predepoita et aliter nescit /

William Jennens [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.135v Annotate
19º Junij 1641

p nave ye Wm of London
R E B

William Couchman of Saint Andrewes Holborne in the Countie of
Middlesex Vintnerer, aged 36 yeares or thereabouts sworne before the
worshipfull William Clerke Doctor of Lawes Surrogate to the right
worshipfull Sir Henry Marten Knight Judge of this Majesties high
Courte of the Admiraltie, saith and deposeth by vertue of his oath.

That he this examinate William Bewley William John William Gidie John
Couchman and Henry Walter gave order and direccon to one Edward
Couchman to buy for their Accompt and some others a certaine shipp
at Dunquercke who accordingly bought for their Accompte in the
about a moneth since at Dunquercke in fflanders a certaine ship
Holland builte of the burthen of about two hundred and trefore
tyme the named the seales, but nowe the William of London
and the said shipp doth nowe propperlie belonge to him this examts
the said William Gidlie, John Couchman Henry Walter, and to William
Bewlie, William Johns, who are and to Edward Couchman (who is to
10
goe master of her on a voyage to Norway) and he this examinate and
Company aforesaid nowe Owners of the said shipp are all
Englishmen borne, and Subiects to the Kinge of England and noe
Strainger or fforrainer hath any interest therein. And this hee
affirmeth upon his oath to bee true./

Will: Couchman: [SIGNATURE, RH SIDE]
----
die pred:

p nave the Wm
London

R E

Edward Couchman of Wappinge in the Countie of Middlesex Marriner
aged 40 yeares or thereabouts, sworne as aforesaid, saith and
bought did buy for the Accompt of himselfe William Couchman
deposeth

That hee this exaiate on the 6th of May last past
Henry Walter, John Couchman, William Gidlie, and others at Dunquercke
in fflanders a certaine shipp Holland builte, of the burthen of
two hundred and three score tonnes or thereabouts in length from
steemine to sterne fiftie Cubitts or thereabouts, and about tenn foote deepe
in holde, which shipp had formerlie beene taken from the Hollanders
and adiudged for lawfull prize in the Admiralte there, and soe
bought the said shipp of one Peter de La most a merchant, then
resident in Dunquercke and shee was as the the named the
Hercules, but nowe the William of London, which shipp nowe lieth
at Harwch within the Kinge of England Dominions and is bounde
forth upon a voyage to Norway, and hee this Exaiate is to goe in
of her, and she doth nowe solelie belonge to him this Exaiate use
hath an eighth William Couchman who hath three sixteenth, Henry
Walter who hath an eighth, John Couchman who hath three sixteenths
William Gidlie who hath three sixteenth, William Bewlie which he
an eighth, William Johns who hath a sixteenth of the said shipp
and he this Examinate and Companie aforesaid ⁁ all Englishmen
are
borne and Subiects to the Kinge of England and noe
Strainger or fforrainer hath any interest therein, And this hee
affirmeth upon his oath to bee true./

Edward Couchman [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.136r Annotate
136

22º Junij 1641

Marton et Chapman contra
mighte Smith Yeo

Isaacus Bromewell senior de Harwico in comitatu
Essexia nauta etatis 60 annoru aut eo circiter testis in
ac parte productus, iuratus, et examinatus deponit
et dicit quod Johem Marston proper spacin septem annoru
aut eo circiter ultimum etaps at Thoma Chapman proper spacie
quator annoru aut eo circiter et ultimum etaps partes producentes
respective bene novit at Beniamin Wrighte parte in contra
quam productus proper space fore true annoru ultimum etaps et
novit ut dicit/

Ad primu arlu libelli ex parte Marston et Chapman in hac causa
datus et admissa deponit et dicit That within the tyme arlate
videlicet in anno 1638 the arlate John Marston did take the arlate
shippe to fraighte of the owners thereof for a voyage from this
huchett and
places as
Porte of London to Saint Lucars in Spaine and designed her to
in the ports
the arlate Thomas Chapman his ffactor further to proceede
should afterwards
employe her uppon
accordinge to his diver indiffe and hee this examinate did goe out
and was master of the said shippe the said voyage, and the said
Marston the principall fraighter and for such for all the
they were
tyme arlate generally accounted reputed and taken And this
hee affirmeth uppon his oath to bee true At aliter nescit /

Ad secundum deponit et dicit That accordinglye the said shippe
the Assurance did within the tyme libellate departe from this
Porte of London and sailed towards Saint Lucars and within the said
and came to anchor
tyme safelye arrived at Passage within 3 or 4 miles of Saint
Sebastians arlate And this hee affirmeth uppon his oath to bee
true reddens rationem scien sua ut supra./

Ad tertium deponit et dicit That whileste the arlate shippe was and
remained at Passage aforesaid shee was a third parte laden with
Spanishe iron which was laden aboard of her and taken in there
to bee transported to some ports or places of South Spaine for
which the said arlate Marston and Chapman or one of them
was to have had and received fraighte And this hee affirmeth
uppon his oath to bee true reddens rationem scien sua ut supra, At
aliter nescit /

Ad quartum deponit et dicit That within the tyme arlate with whileste
the arlate shippe was ladeinge or takeinge in of from at Passage
aforesaid the arlate Beniamyne Wrighte sent to the arlate
Chapman to intimate to him that hee muste lett him the said
Wrighte the arlate shippe to transporte soulders from the Groyne
to Dunquercke for the use of the Kinge of Spaine, notwithstandinge
shee
~~~
HCA 13/57 f.136v Annotate
the said shippe was then takeinge in her ladeinge for some of
place and had taken in a thirde parte of her ladeinge or
neere thereabouts yet the said Beniamyne Wrighte himselfe
did come to Passage and did speake with the said Chapman
and did enforce or constraine him to lett the said shippe out
to him the said Wrighte for the purpose or effecte aforesaid
and soe much hee hath often heare the said Chapman confesse
and affirme and was alsoe present with the said Capman
when the said Wrighte spoake with him aboute the said shippe as
aforesaid Al aliter nescit /

Ad quintum deponit et dicit That the arlate Chapman when hee
sawe that there was noe remedye but that the said Wrighte
would have the said shippe to fraighte for the transportacon
of souldiers as aforesaid hee the said Chapman did then
agree to lett her him to fraighte for that intent and purpose
and soe much the said Chapman did intimate to him this examinate
And this hee affirmeth uppon his oath to bee true At aliter nescit/

Ad sextum deponit et dicit That hee this examinate aboute the tyme
arlate Wrighte
when the tooke the arlate shippe to fraighte of the arlate
Chapman, did heare him the said Wrighte saye that the said
shippe muste goe from thence to the Groyne, and that there
should bee laden or putt aboard of her there to the number
of 25 Spanishe soulders to bee transported therehence to
Dunquercke and that the said Chapman or his principall
should have fraighte for each of the said soulders after the
rate of 4 x a heade and that in case any of the said
soulders dyed in theire passage after they were aboard the
said shippe yet ffraighte was to bee payd aswell for such
as for those that were liveinge and soe much hee hath all
heard and beleeveth was expreste in the charter partie or
agreement made betweene the said Wrighte and the said
Chapman And this hee affirmeth uppon his oath to bee true
At aliter nescit /

Ad septimum deponit et dicit That after the arlate shipps departed
from Passage and arrivall at the Groyne aforesaid there were
laden and received aboard her to the number of 250 nes
souldiers to bee transported from thence to Dunquercke or
said thers of the said hee mighte money and the
come the dannger of the seas and death excepted And
this hee knoweth to bee true beinge master of the said shipp
the voyage in question Al aliter nescit /

Ad octavum nescit deponere, saveinge hee saieth that when he soe
1s
~~~
HCA 13/57 f.137r Annotate
137

twoe hundred and fifty soulders aforesaid were put aboard the said
shippe the Assurance there was alsoe put aboard the said shippe
twoe Spanishe Captaines whoe had the orderinge, goverment
and comannde of the said souldiers but the names of those
Captaines hee doth not at present remember./

Ad nonum deponit et dicit That after the foresaid Captaines and
souldiers aforesaid were put aboard the arlate shippe hee sett
saile from the Groyne aforesaid towards Dunquercke which
passe and interrogate to lande the said severy and Captaine
there which hee knoweth to bee true beinge master of the said
se ut predeposits./
the or her the said same the
the Groyne aforesaid towards Dunquercke at or neere
Dungenes arlate uppon or aboute the 13th of September arlate
twoe Holland men of warr beinge on the of side of the arlate
shippe the Assurance did give chase to the said shippe with
purpose and intente as this examinate conceived to have surprised
and boarded her And this hee affirmeth uppon his oath to bee
true, reddens racoem scien sua ut supra at aliter nescit /

Ad 11 deponit et dicit That when this examinate and the arlate
Captaines sawe that the arlate shippe the Assurance was
chased and pursued by the said twoe holland men of warr
hee did ad this examinate did advise with the said Captaines
what to doe beinge as was conceived in some dannger of beinge
taken by those men of warr and they did then agree toge
together to f saile and carrye the said shippe into the Downes
where the Spanishe ffleete then laye, which by and with the
consent and approbacon of the foresaid Captaines was accordinglye
done and performed and the said shippe and soe many of the
said souldiers as were then liveinge safelye arrived in the Downes
And this hee affirmeth uppon his oath to bee true reddens
rationem scien sua set supra. At aliter nescit /

Ad duodecimum deponit et dicit That after the arlate shippe the
Assurance with the foresaid Captaines and souldiers had anned
in the Downes aforesaid the said Captaines did repaire and
goe unto Don Antonio de Oquendo the then Generall of the
said Spanishe ffleete to take and consulte with him what was till
to bee done with the said souldiers in sendeinge them awaye
for boare of the Holland ffleete then alsoe in the Downe And
this hee affirmeth uppon his oath to bee true hee beinge master of the
the said shippe the Assurance ut predeposuit, and goeinge longe
with the said Captaines when they went to speake and consulte
with the foresaid Generall Al aliter nescit /
~~~
HCA 13/57 f.137v Annotate

Ad tertio decimum deponit et dicit That in this examinats presence and heare
it was agreed uppon by and betweene the foresaid Generall and
the said Captaines that the souldiers in this examinats shippe should
bee taken out of her and put into small barcks or vessells
thinckinge thereby that they mighte steale away with the more
security in the nighte tyme And this hee affirmeth uppon his
oath to bee true At aliter nescit /

Ad quartodecimum deponit et dicit That accordinglye the said souldiers
twoe
were put into ⁁ small barques to bee conveyed to Dunquercke and
and the said Captaines did approve and like thereof And
this hee affirmeth uppon his oath to bee true At aliter quax
salvis predepoitis nescit /

Ad quintodecimum refert se ad predepoita et aliter nescit saveinge that
the said twoe barques were as hee conceiveth hired by the
arlate Marston and Chapman or one of them for the purpose
aforesaid by and with the consent and goode likeinge or
approbacon of the foresaid Generall and twoe Spanishe
Captaines

Ad sextodecimum pro parte sua nescit deponere, saveinge that as hee hath heard
some of the foresaid souldiers were taken by the Hollanders out of
the foresaid barques and some of them were alsoe to safelye
transported to Dunquercke but howe manye of them were soe
taken or soe transported to Dunquercke hee knoweth not but
saieth there was none of them taken whileste they were aboard
this examinats shippe And this hee affirmeth uppon his oath to bee true

Ad 17 deponit et dicit That hee beleeveth 50th of the said
souldiers dyed in theire passage from the Groyne aforesaid
towards de Dunquercke aboard the said shippe, Al aliter nescit /

Ad duodevicesimum deponit et dicit That the arlate shippe the Assurance
was in the service and imployment of the arlate Wrighte him
the tyme of her firste hireinge at Passage aforesaid untill the
tyme of the dischardgeinge of the foresaid soulders in the
Downes would by the space of betweene and 4 money
at leaste, and the arlate Marston was to paye fraighte for the
said shippe to the owners of 64£ p moneth for the use of the
said shippe onelye besides what hee was to pay for Victuall
and mens wages, which came to neere uppon one hundred
poundes proper moneth more as neere as this examinate cann for the
present guesse at the same And this hee affirmeth uppon his oath
of his knowledge to bee true/

Ad undevicesimum deponit et dicit That hee beleeveth the arlate Marston
had or mighte have gotten by the said shippe in case xxxxxx
(did
~~~
HCA 13/57 f.138r Annotate
138

uppon
shee had gone but some other imployment then that which shee
Wrighte
was put uppon by the arlate ⁁ in the tyme shee was in the said
imployment at the leaste 7 or 8 hundred poundes sterlinge cleere gxxxx
of all chardges, And this hee affirmeth uppon his oath to bee true
At aliter nescit /

Ad vicesimum deponit et dicit That hee sailye beleeveth the arlate
Marston is dampnified by reason of the voyage in question at the
leaste 8 or 9 hundred poundes sterlinge but Al aliter nescit the fraighte
which hee was or is to paye to the owners of the said shippe and the
victualls and marriners wages amountinge unto were ab upon
650£ sterlinge besides other chardges mendet thereto At aliter And this
hee affirmeth uppon his oath to bee true Al aliter nescit /
not

Ad 21 deponent that hee conceiveth the arlate xxxx Marston
could spend and disburse lesse then one hundred poundes sterling
for freshe victualls for the foresaid souldiers and other charges in
hireinge and provideinge of boates to give them notice of the Holland
ffleete that they mighte thereby the better escape them and certaine
other chardges in and aboute the busines in question and soe much
and more hee beleeveth hee did expemd and laye out. And this hee
affirmeth uppon his oath to bee true At aliter pro parte sua nescit /

Ad secundum deponit et dicit That the voyage in question the arlate
shippe the Assurance was a strong, thighte and stanch shippe was
sufficientlye manned and fitted or prepared for that designe shee
went uppon with all manner of tackle and furniture fitt thereunto
and both hee and Companye alwayes readye and willinge to doe
what the foresaid Captaines desired to have donne in the defence of
the said shippe and souldiers, and seeinge themselves in some
dannger hee did furnishe the said souldiers with powder and shott
the letter of neede required and they had bine house thereunto the
mate theire defence And this hee affirmeth uppon his oath to bee
an eighth hee
said souldiers did acknowledge and confesse as much as is aforesaid./

Ad vicesimum tertium deponit et dicit That there was as much meanes and
endeavors used as could bee thoughte fittinge and convenient for the
safe transportation of the said foresaid Captaines and souldiers to
Dunquercke whileste they were aboard this examinats shippe and there
was noe faulte at all in the arlate Marston Chapman, this examinate
or any of his Companye that they were not safelye transported
to Dunquercke or Mardicke arlate and soe much the said
Captaines and souldiers or some of them in this examinate have since
acknowledged and confessed as hee hath often heard Al aliter nescit /

Ad vicesimum quartum deponit et dicit That to this examinats knowledge the arlate Mage
(Marston
~~~
HCA 13/57 f.138v Annotate
Marston hath demannded satisfaccon of the arlate Nathan Wrighte
for the transportacon of the foresaid souldiers but the said Wrighte
hath refused to make or give him satisfaccon for the sa,e
At aliter nescit /

Super reliquis non exatur ex direccone

Isack Br
Isack Bromell [SIGNATURE, RH SIDE]
----
26º Junij 1641

Stagge et Bradlye contra
Rose Budd Martyn

2s
Rs. E. B

Thomas Covell de Saint Mary Matsellon als
Whitechappell London gen etats 52 aut eo circiter
testis in hac parte productus, iuratus, et examinatus
deponit et dicit prout sequitur videlicet/

Ad primia secundu et reliquas pres alluis ex parte Rose in hac
causa datus et admissa deponit et dicit That in an an Anno
1638 hee this examinate beinge the wayter appointed to look see
and looke to the delivery of the goodes out of the arlate shippe
the Susanna John Rose master which came from Virgina
saieth and deposeth by vertue of his oath that hee this examinate
small
uppon or aboute the firste or second of Auguste
tooke speciall notice of a ⁁ bale of beaver skinns which was ⁁ delivered
out of the said shippe there beinge noe other aboard the said
shippe at that tyme, but to whom th which said ba small
bale of beaver skinns hee saieth was delivered into a lighter
amongste other goodes to bee carried a shoare and the same
was faste maled upp with a small boarde and sealed in
divers places and did not seeme to have bine opened or
missed neither doth hee beleeve it was whileste it was aboard
the said shippe, and was to his beste remembrance marcked as
margent
in the xxxxxx as in the margente but the quantitye or
number of skinns therein or to whome the same did belonge
for his parte hee knoweth not And this hee affirmeth uppon
his oath to bee true At aliter pro parte sua nescit /

IS.W

Tho: Copell [SIGNATURE, RH SIDE]

Ad Interrogatoria

Ad primu respondet quod equa favet ptibus litigan et put
victoria ius haben et aliter negative./

Ad secundum pro parte sua respondet negative et aliter pro parte sua nescit/
respondet.

Ad tertium nescit salvis predepoits and saveinge that the bills
beaver skinns in question was soe small that a man might the
easilye carry it under his arme and this rendente had it in his
hand before or at the same tyme when it was delivered into
the for said lighter, and saieth it was handed into the said lighter xxx
aliter salvis predepoits nescit /
~~~
HCA 13/57 f.139r Annotate
139

Ad quartum respondet That the reason whoe hee tooke such speciall
notice of the said bale of beaver skinns in question was because
there was noe other aboard the said shippe the voyage in
question and whoe hee beleeveth it was never opened whileste
it was aboard the said shippe but maled up and sealed with
the same seale and in the same manner as it was when it
firste came aboard for that the seales seemed to bee old
and the makeinge old likewise and there was noe signe of
as if it had bine latelye opened or brocken upp and newe sealed
but the impression of the seale hee doth not remember the
noe such notice thereof./

Ad quintum nescit respondere, saveinge that there was one of this rendents
partners called Evan Jones whoe did goe upp in the
lighter wherein the said bale of beaver skinns was putt to soe
to the deliverye thereof which Jones is latelye drowned

Ad sextum pro parte sua nescit respondere./

Tho: Covell [SIGNATURE, RH SIDE]
----
26º Junij 1643

Garrowaye et alj contra Marshall
et alios Smith Yeo

2s

Thomas Browne de Saint Saviours in Burgo
de Southwarke yeoman etatis 50 aut annoru
aut eo circiter testis in hac parte productus, iuratus et
examinatus deponit et dicit prout sequitur videlicet./

Ad primu secundum et reliquas pred alluis ex parte Marshall
et socioru in hac causa datus et admissa deponit et dicit That
uppon the 15th of Aprill Anno 1640 arlate one Jacob de
Lean whom this examinate taketh to bee the partie arlate was removed
by a habeas corps from Woodstreete Counter prison London
to the Kings Bench prison to which place hee is by
yet a prisoner And this hee affirmeth uppon his oath to bee
true hee beinge Porter to the said prison of the Kings Bench
and takeinge notice of the said Deleanes imprisonment At
aliter pro parte sua nescit 

Thomas Browne [SIGNATURE, RH SIDE]
----
Xxxxx contra Clobury
Xxxx Samet

penultimo Junij 1641

Samuell Smith parochiaa Saint Sepulchri extra Newgate London gen
etats 22: annoru aut eo circiter testis in hac causa productus iuratus et
exaiatus dicit et deponit prout sequitur videlicet./
Claybourne contra Cloberry

RXxxx et Evelin
Martyn Smith

4s

Ad primu secundum et quartum pones ex parte Martin in hac causa datus et admis
non exaiatr ex direccone producents./
(Ad
~~~
HCA 13/57 f.139v Annotate

Ad secundum ponem dicto allegaconis dicit et deponit all port aliter refert se
interring prem deposed. aliter nescit deponere saving that the arlate did
the producent deserved good recompence soe his paynes in the ymploymt and
and deserved above 100£ pand ut credit, which hee his deponent sayeth he
beleiveth to bee true for that he this deponent ffor that he this deponent was
the in the parts of Virginia, where the said Assure was and Castmage
ymployed xxxxxx which was with much and knoweth that hee left mother
imploymt there in the Country were much above 100 and to attend the
trade certiculate./

Ad 6. 7. 8. 9. et decimum non exaiatr ex direccone producents./
ponem dicto alluis et sched did xxx

Ad undecimum ⁁ dicit et deponent That he this deponent hath pused and read in the
accompt arlate and verily beleiveth That the same to bee true and all things
therein expressed to be necessariely layd out and that in other man could have
have formed so much is the producent did with soe little charge And the
deponent further sayeth That the producent was at such xxx expences as are
ut creded
menconed in the said accompt, videlicet ffore himseleeping and Charges aboute the
poitacon and for servants clothing after present and Chringe after videlicet
unto hee had xx xx xx therein menconed about whence the practacon
could not sufest aliter nescit deponere the severall persons followeing videlicet

Ad duodecimum dicit et deponent That to this deponents sight and knowledge the did
did pence severall numbers of weate Castle (which went in the name of his foule
Bates his cattle) but wherewith 3 punces were laden, but to was
number this deponent sayeth he knoweth not) to be transported from then
to theise place nowe called) the Isle of Kent most part whereof and
feale little as this deponent beleiveth, And he further sayeth that there
of the said feale Cassell is a very great benefitt to all predepose there both
sicknes and health, And he further sayeth that divers frender uppon hee
plantacon arlate and divers other parts of Virginia would welling the
given on of tobaccoe perly for the maken of every Come there and to bee
restored the said Cowe with her increase ut dicit, and this it said
those prse to doe ut dicit, And hee further sayeth and deposeth hee
gressed and feede for such castell is of in was ofteene or valew in this
Country soe last in case it bee not eaten with Coate was
England at Allon hee said
bee most true. aliter nescit deponere./

Ad

Ad septimum pro parte sua nescit deponere./
~~~
HCA 13/57 f.140r Annotate
140

some of

Ad quartodecimum dicit et deponent, That during xx the tyme that the producent was
and afterwards
uppon the plantacon arlate there was great want of amunicon of powder and
spott to this deponents knowledge and that thereby the trade was much hundred
and the plantacon in danger to bee lost (togeather with all the men there uppon
by the Indians, And that the said producent was constrayned to make a carrye to
Virginia where the shippinge was (being 5 dred leagues of for Comodities and
was at great charge therefore, payeinge twoe for one more then they cost in
England, which was occasioned because the producent deserved the buyeing thereof
untill the last shipps were come expecting supplyed by them all ut dicit
all which hee sayeth by vertue of his oath hee knoweth to bee true. aliter nescit deponere

Ad quintodecimum dicit et deponit, That the plantacon arlate thired and prospeed very
well through the producents Care and industrye and by his other means, And that
by reason of the takeing and surprizeing of the boates and places of the said
plantacon by the Mary Landers and killing of men and want of a patent as is
arlate the losse and doinge arlate happened, all which likewise he sayeth uppon his
oath to bee true aliter nescit deponere./

Ad sextodecimum pro parte sua dicit quod nescit deponere./

Ad quartodecimum dicit et deponit That the tradeinge with the Indians is very dangerous
by reason of them treacherie and theevery, and that they are most usually traded
withall in a small shallop or pynnace with 6 or 7 men being encompassed which sometimes
200 men sometimes 300 and to stand uppon their guard with their gunns to secure them
selves and keepe the said Indians from stealing (whoe are soe coming in that art
that they will seale even with their tres) All which they are constrayned to doe untill
the trade bee done, aliter nescit deponere, saving That the usuall manner of tradeing
and the trouble charge and losse indent thereunto is in all things as in the said
article is expressed./

Ad decimum dicit et contenta in eadem posicone esse vera et sua Certu scien

Ad undevicesimum nescit deponere./

Ad vicesimum dicit et deponit That the arlate Evelin did first hande at the plantacon
articulate muche about the tyme arlate and hath severall tymes in this deponents
hearing spoken against the pretended right of the Marylandes to the strade
and prontacon and likewise spake ill of the Governor of Marland and sayde that
the producents Comission from the Kinge and the Kings letter in Conscrmacon
thereof were firme and stronge against the Maryland Patent All which hee sayeth
by vertue of his oath is most true. aliter nescit deponere. And
~~~
HCA 13/57 f.140v Annotate

Ad secundum dicit et deponit That the same day the goods arlate writed in the said
plantacon the arlate Evelin tooke a Certaine quantitie of Cloath and of
trucking stuff besides, but to what quantitie this deponent sayeth he knoweth
to goe a tradeing into Patomack Ryver as is arlate aliter nescit deponere./

Ad vicesimum secundum dicit et deponit an et sing in ead in pare contenta esse vera

Ad 23 nescit deponere./

Ad. 24. et 25 non exaiatr ex direccone producents./

Ad. vicesimum sextum et vicesimum septimum dicit et deponent contenta in eise menconat esse vera aliter
aliter nescit deponere saving that hee knoweth not to what unlew the goods might
amount which the arlate Evelin so sold and disposed of as is arlate

Ad vicesimum octavum nescit deponere./

Ad 29 dicit et deponit That he heard some of the followers of the Governall
not
of Maryland say That the said Governor had come upp for the Isle of Kent
often and dayes
to molest the inhabitants but by the instigacon of the arlate Evelin aliter
nescit deponere.

Ad tricesimum dicit et deponent That much about the tyme in this article menconed
the arlate Evelin came unto the said plantation with a Comission untill the
Colony seale of Maryland and did sommon the inhabitants by warrant to appeare
before him at the ffort and sent twoe messengers to beare wittnes what answer
they returned whoe refused to come And then and there did declare did before
all the Inhabitants That whereas hee had beene of an opinion That the
producents Patent was good and firme hee had was now better informed and
of the Gooner
quite of another minde and that he would not resist the govermt of Mary
=land but that all the servants that hee saith he the Evelin had should bee
under the governmt of the Lo: Baltamore aliter and that if the said Governor
should come to the Isle of Kent he the said Evelin nor any of his servants
would resist him aliter nescit deponere./

Ad 31 dicit et deponit, That the an all tell and singular this contents in this
posicon expressed and true this deponent and exandere wittnes of the said

Ad 33 dicit contenta in hac paie este vera.

Ad 34 dicit quod refert se ad praedeposita proper eum qua credit esse vera aliter nescit
deponere Saving that the said Evelin did neglect to gett corne by trade
imployed himselfe as is arlate./

Ad 35 dicit et deponent That soone after the trade the
Island arlate he this deponent went thither and send all the sente
reced in
and Cattell and goods carryed away savinge one sow and pigg in the

Samuel Smyth [SIGNATURE, RH SIDE]

alle
p interrogate repetit cora doctor Sames
Garret and
permitie saij 1641
~~~
HCA 13/57 f.141r Annotate
B
141

9º Junij 16

ffisher et alij contra
Hall Yeo Smith

Rp E B

Thomas Breadcake de Leigh in comitatu Essex nauta
etats 50ta. annoru aut eo cicir testis in hac causa productus
iuratus et examinat dicit et deponit prout sequitur videlicet./

Ad primu arlum libelli ex parte Yeo in in hac causa datus et oblat pro parte
sua dicit nescit deponere.

Ad secundum dicit et deponit, That in the yeare of or June 1638 arlate and
monethes there in Concerneing the producent was reputed and taken to be Purser
of the said shippe the Pleiades and did supply the place of Purser in her
during the said tyme which this deponent knoweth to bee true for that this deponent
was in the Downes in another shippe in Company with the Pleyades when
she went out that voyage, and which tyme the said ffisher the producent was
taken and reported as Purser of her as aforesaid. aliter nescit deponere./

Ad tertium nescit deponere./

Ad quartum dicit et deponit That true it is to this depon certaine knowledge
That it is the use and Custome at Cales or Saint Lucar arlate that when
shippe arriveth at either of those place the master of her doth give
fianza or securitie (togeather which merchant there resident) that he
all not take in any goods when the said shippe shalbe gone or returne out
over the barr of Saint Lucar and not to caste anchor when the said shippe
is part in the barr because some master of shippes after they are soe
gone and passed over the hard as aforesaid doe many tymes there take in
and receive place and other and habited or goods on boarde them ut dicit aliter
nescit deponere./

Ad quintum pro parte sua nescit deponere./

Ad 6. 7. 8. et nonum non exaiatr ex direccone producents./

Ad decimum pro parte sua nescit deponere./

Ad undecimum et repetit in their his shippe in
bene recolit) the arlate Robt Tucker was imprisoned at Saint Lucars
aforesaid and an Inventarye was taken of all his goods and the said goods were
sequested for the fianza that hee had given and hee was there enforced (as this
deponent heard and beleiveth) to pay a great some of mony (but howe much
this
~~~
HCA 13/57 f.141v Annotate

this deponent knoweth not) which said some was soe payd to some
(ut credit)
the Admirallasses officers fatestayne the exacon against the
beleiveth
goods, The premisses he sayeth he knowe to be true to this depon hee
then at Saint, Lucars had heard so much, aliter nescit deponere./

Ad duodecimum non exaiatur ex direccone producents./

Ad primum dicit et deponit That within the tyme arlate he this deponent hath hee
the arlate Tuckers house at Saint Lucars did heare him the said Tucker
speake to that purpose that hee had a warrant from the Admiraltasgoe for
the apprehension of the producent and he further sayeth that the said Tucker
did take horse himselfe and rode to Sivill to apprehend the said ffisher
the producent and brought him downe with him to Saint. Lucars and there
dputt him in prison, till hee had putt in securitie, for the paymt of the
fianza and the Charges aliter ad humoi articulos dicit quod nescit deponere

Ad quartodecimum dicit et deponent That he this deponent did heare and veriely
beleiveth that the monyes deposited by the producent were adiudged to
Spaine to be payd to the arlate Tucker and payd unto him all
otherwise the said Tucker woulde not have receased the said producent ut
credit, aliter nescit deponere./

Ad 16. et septimum nescit deponere.

Ad decimum dicit et deponit, That by the lawes and Custome Spaine
if a master or any of his Company take in any especially prohibited good
and most especially plat
on board his shippe in any port within the King of Spaines dominions
after such shippe be over the barr of suche a port the said shippe
is prfacto confiscated and the master of her at the Kings mercye
aliter nescit deponere.

Ad tertio decimum nescit deponere./

Ad vicesimum dicit et deponit That he verely beleive that the arlate is
and Tucker did of their best indeavours to cleare the said shipp the
paymt of the monyes for the saire and were at suct thereabout but
Could not prevaile aliter nescit deponere.

Sup reliquis non examinatus da direccone producents.

Idem ad Interrogatoria

Thomas Breadcake [SIGNATURE, RH SIDE]

Ad:
~~~
HCA 13/57 f.142r Annotate
142

Idem ad Interrogatoria/
xxxxx
her lis

Ad primu respondet quod ⁁ non concerat Luc respondet

Ad secundum respondet that hee en sawe the bounde interrogate, et aliter qua referendo se ad
praedeposita eum lilo in hac causa datus nescit ad hum interrogate respondere

Ad tertium nescit. s ut supra aliter nescit respondere./

Ad Ad quartum refert se ut supra aliter nescit respondere./

Thomas Bredcake [SIGNATURE, RH SIDE]
----
Eadem die

Hall Yeo Smith

Rp E B

Henricus Couling parochia Saint Andrie Undershaft
Mercator etats 50te annorum aut eo circiter testis in hac causa

Ad productus iuratus et examinat dicit et deponit prout sequitur videlicet./
ffisher et ailij contra

Ad 1. 2. et tertium articulos dicti libelli ex parte proper in hac causa datus et oblat non
exaiatur ex direccone producents.

Ad quartum arlum dicti libelli dicit et deponent That it usuall and Customarie at
Cales and Saint Lucars when a shippe arriveth have at either of those
places or ports ffor Masters of such shippes to enter bond or give fianza
or securitie togeather with some merchant there resideing That they shall
not take in any goods when their shipp or shipps shall be gone or passed over
the barr of Saint Lucars arlat nor shall cast anchor beinge on the barr as
aforesaid The reason is ffor that divers Masters of shipps (when they are
out gotten on the said barr) doe many tymes take in and receive on board them
plate and other phibited goods ut dicit which this deponent knoweth to bee true
ffor that he hath beene at either of these places divers tymes and knoweth the
said Custome and hath entred fianza as aforesaid aliter nescit deponere./

Ad tertium nescit deponere./

Ad 6. 7. 8. et 9 reconat ex direccone producents./

Ad decimum nescit deponere./

Ad undecimum dicit et deponent, That in the yeare of or Lord 1638. or 1639. or one
of there years tempus aliter non bene ment) the arlate Robert Turcke
was imprisoned at Saint Lucars in Spaine, and this goods seized in his
house there untill such tyme as hee did and securitie or putt in good and
pay of a goods bound
sufficient fianza for the same ⁁ which this deponent sayeth hee beleiveth to be true
ffor that one master Anthony and master Wadsworth the Consul at Saint Lucars
tolde
~~~
HCA 13/57 f.142v Annotate
285
965

(being then there)
to bee this deponent, That they had payde and satisfied the said some
but howe much that was this deponent sayeth he knoweth not. aliter
nescit deponere./

Ad 12 non examinatus direccone producents

Ad tertio decimum et quartodecimum dicit et deponit That within the tyme arlate ut recolit) and
after the producent was arrived at Saint Lucars or Cales aforesaid the said
Robt Tucker (as hee confessed in this deponents hearinge) did give notice
and intelligence unto the Admiraltasgo or some of his Officers That the said
ffisher was arived at Cales and gone to Sivill And the said Tucker ⁁ pcure
did
a warrant from the Admiraltasgoe to apprehend the producent and tooke
horse himselfe and went therewtth to Sivill where the said ffisher was and
apprehended him and brought him back to Saint Lucars and there putt
him in prison which this deponent likewise knoweth to bee true for that hee
lay in the said Tuckers house and was there when he tooke horse ut dicit
aliter nescit deponere, saving that he was divs tymes afterwards with
and sawe the said ffisher in person at Saint Lucars aforesaid.

Ad quintodecimum dicit et deponit That within the tyme arlate there was as axxxxxx

in Spaine (as this deponent beleeveth) That such monyes as the said ffisher had deposited should
be payd to the arlate Tucker which this deponent the rather beleiveth because
he this deponent heard one master King a merchant then resident in Sivill say
that hee had taken uppon him to pay the said monyes unto the said Tucker
aliter nescit deponere./

Ad sextodecimum nescit deponere./

Ad septimodecimum dicit et deponeit That he verily beleiveth that the arlate ffisher
within the tyme arlate did expend a very Considerable some of mony
aboute defence of the arlate suite and defence of the fianza, but to what
some this deponent cannot say aliter nescit deponere./

Ad duodevicesimum dicit et deponit That in case a master of a shipp or any of the
Company take in any especially phibited goods (most especially plat)
on board his shippe in any port within the King of Spanies dominions
That they
aforesayd shippe be over the barr of such port ⁁ by the lawe
and Customes of Spaine such shippe and goods are confiscated and
(master and)
the ⁁ Companies liveth in danger

Ad 19.
~~~
HCA 13/57 f.143r Annotate
143

Ad undevicesimum dicit quod refert se ad praedeposita proper eum ex preden articulos qua credit
essevera aliter nescit deponere.

Ad vicesimum dicit et deponit, That he verily beleiveth That the producent and the
arlate Tucker did use all possible meanes to save themselves from
forfecture of their fara, ffor that they were a longe tyme in suite about it
but could not prvaile gall nescit deponere.

Sup reliquis non exaiatr ex direccone producents part master Henry Cowling

Idem ad Interrogatoria./

Ad primu respondet That he hath no interest in this suit; That he is noe
kindred aliter nescit respondere./

Ad secundum respondet quod refert se ad praedeposita proper eum p libelli in hac causa datus et qua reddit
esse vera aliter nescit deponere./

Ad tertium respondet quod refert se ut supra aliter nescit respondere./

Ad quintum refert se ut supra. aliter nescit respondere./

P me Henry Cowling [SIGNATURE, RH SIDE]
----
23º Junij 1641

Marston et Chapman contra)
Wrighte Smith Yeo)

Isaaccus Bromwell de Harwich in comitatu Essexia nauta
annos agens 20 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit quod Johem Marston et
Thoma Chapman partes producents proper spatiu free quing
annoru ultimum etaps respective bene novit at Beniamin Wrighte
partem cona quam producitur ex visa proper spacon don annor part
plus velmus et novit ut dicit./

Ad primum arlum libelli ex parte Marston et soc in hac causa datus et admissa
deponit et dicit That for all the tyme arlate hee this examinate did
in the or hee said hee
the arlate Marston and Chapman were the hierers and fraighters of
the arlate shippe of the owners of her and for such comonly
accounted reputed and taken At aliter nescit saveinge that the arlate
Isaacke Bromwell was master of her for all the said tyme./

Ad secundum deponit et dicit That within the tyme arlate the arlate
shippe was and remained at Anchor at a place called Passage
within 3 or 4 miles of Saint Sebastians arlate within the floweinge and
whereing of the said and Jurisdicon of the Admiralty of England ut
credit which hee knoweth to bee true beinge one of her Company at
the same tyme aliter nescit /
~~~
HCA 13/57 f.143v Annotate

Ad tertium deponit That whileste the arlate shippe was and remained at
Passage aforesaid there was to the quantitye of 80 or 90 tonnes of
laden aboarde her, to bee carried therehence as hee heard there to some
other ports or places in Spaine for which the arlate Marston and
Chapman should have had fraighte ut credit And this hee
affirmeth uppon his oath to bee true hee beinge one of those that
did helped to taken in and lade the said Iron aboard the said shipp
aliter nescit /

Ad quartum deponit et dicit That whileste the said shippe was and remained
at Passage aforesaid in takeinge in and ladeinge of iron aforesaid
and after shee was neere uppon a third parte laden the arlate
Beniamine Wrighte as the arlate Chapman then there told this
examinate and the reste of the Companye sent to him to tell him that
hee muste lett the said shippe out to fraighte to him the said
Wrighte for the use of the Kinge of Spaine, and that if hee
refused soe to doe hee would constraine him thereunto and soe
much likewise the said Chapman did intimate to the master and
Company when hee tolde them thereof and desired them to
consent thereunto And this hee affirmeth uppon his oath to bee
true Al aliter nescit saveinge that this examinate sawe the said Wrighte
comeaboard the said shippe and take notice of her at the same
tyme when it was sayd hee tooke her to fraighte for the Kinge of
Spaines use aforesaid./

Ad quintum deponit et dicit That hee often tymes heard the arlate
Chapman saye that hee had lett the said shippe to fraighte to
the arlate Wrighte for the use of the Kinge of Spaine beinge
constrained and enforced thereunto by the said Wrighte and that if
hee had knowen howe hee would have avoyded the same but that hee
could not And this hee affirmeth uppon his oath to bee true
that voyage which the said weighte had taken her to fraighte the
further affirmeinge that as it was then reported shee was to goe from
Passage to the Groyne and there to take in souldiers to bee transported
to Dunquercke for use of the said Kinge of Spaine

Ad sextum deponit et dicit That the after the arlate shipps arrivall
at the Groyne arlate aforesaid there were to the number of 250
as neere as hee hisseth
Spanishe souldiers taken in and received aboard the said
shippe to bee transported therehence to Dunquercke arlate And
befor any soulders came aboard the said shippe
hee often heard the arlate Chapman saye that the arlate Wrighte
had agreed with him and promised him to paye after the the
of 4£ xs a heade for each of the said passengers as many of
should come aboard to bee transported in that shippe for
Dunquercke Al aliter pro parte sua nescit /
~~~
HCA 13/57 f.144r Annotate
144

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

Ad octavum pro parte sua nescit saveinge that there were alsoe at ye
Grayne arlate put aboard the arlate shippe the Assurance
bee
well
not at present remember whoe had the comannde of the
foresaid he Spanishe souldiers, and the orderinge and disposall
of them ut credit./

Ad nonum deponit et dicit That after the said souldiers were aboard
the arlate shippe the said shippe and Company with the said
soulders of and the reste of her ladeinge of iron aforesaid
departed from the Groyne and sailed towards Dunquercke
with intente and resolucon to lande the said souldiers there which hee
knoweth to beinge one of the said shipp Comming at
the same tyme Al aliter nescit /

Ad decimum deponit et dicit That in the said shipps course from the
Broyne aforesaid towards Dunquercke with the said souldiers aboute
dangered uppon or aboute the 13th daye of September arlate
there were two Holland shipps on the of side of the arlate shippe
the Assurance which they conceived to bee Holland men of warr
and to give chase to the said shippe the Assurance and those
Holland men of warr in case they could have taken the said shippe
hee beleeveth would have done it and have taken out of her the
said souldiers, And this hee affirmeth uppon his oath to bee true. At
aliter nescit /

Ad undecimum deponit et dicit That the master of the arlate shippe the
Assurance perceiveinge the said shippe to bee chased by the said
two Hollanders did advise with the said Captaines or
all
Comanders what to doe and by and with theire consent and
advise did saile and carry the said shippe the Assurance into
the Downes where the Spanishe and Holland ffleete then laye
and there came safelye to an anchor And this hee affirmeth
and knoweth to bee true beinge one of her Company at the same
tyme, At aliter nescit /

Ad duodecimum deponit That one of the said Captaines and after
the arlate shippe came to an anchor in the Downes did goe
aboard the Spanishe Admiralls shippe, to speake with the Spanishe
Generall called as hee heard don Anthonio de Rendo to
speake and advise with him ut credit what was fitteste and leste
to bee done with the said souldiers then aboard the arlate shippe the
Assurance in sendeing for away for foure of the Hollanders
which hee knoweth to bee doe beinge one of those that did
helpe to carry him aboard the said Generalls shippe Al aliter nescit/
~~~
HCA 13/57 f.144v Annotate

Ad tertio decimum deponit That after the said Captaine and those that went
with him aboard the said Generalls shippe came aboard the
Assurance againe as manye of the foresaid Spanishe souldiers as were
then liveinge were put out of the said shippe into twoe
small barques pvided to carry them to Dunquercke thincke
thereby to steale awaye in the nighte tyme and they were soe put
into the said barques by and with the approbacon and good likeinge
or consent of the foresaid Captaines and moste of the said
soulders themselves ut credit, Al aliter pro parte sua nescit /

Ad quartodecimum refert se ad predepoita et aliter nescit /

Ad quintodecimum refert se ad predepoita et aliter nescit /

Ad sextodecimum deponit et dicit That there were (as hee heard some
of the foresaid soulders taken by the Hollanders after they were put
into the foresaid barques and alsoe some of them safelye
conveyed and transported to Dunquercke but howe manye soe
taken or soe conveyed hee knoweth not but saieth none of them
were taken whileste they were in the arlate shippe the Assurance
to this examinats knowledge. Al aliter nescit /

Ad 13 pro parte sua nescit deponere, saveinge that hee beleeveth
the number of 50ty of the said souldiers dyed aboard the said
shippe the Assurance in theire passage from the Groyne
aforesaid towards Dunquercke./

Ad 13 deponit et dicit That the arlate shippe was uppon the arlate
Wrights imployment aforesaid in all by the space of three moneths
takeinge up and
and more videlicet from the tyme of her hereinge at Passage
aforesaid unto the tyme of the dischardge of the said souldiers of out of
the said shippe in the Downes aforesaid and to this examinats knowledge the
said Marson payd to the owners of the said shippe after the rate of
be proper moneth for hull and ware and care of the shippe onlye
and as hee conceiveth after the rate of neere uppon one hundred
poundes for marriners wages and victualls and other chardges
thereuppon ariseinge And this hee affirmeth uppon his oath to bee
bee true At aliter nescit. /

Ad undevicesimum deponit et dicit That as this examinate beleeveth the said
arlate shippe in case shee had not bine taken upp as shee was
by the arlate Wrighte shee mighte have gotten at the leaste
six hundred poundes sterlinge cleere of all chardges by some the
imployment in the tyme shee was uppon the said Wrights des
giveinge a reason of such his beleife for that if shee had gon
as Chapman sayd
uppon the imploymt shee was intended for they had bine
Saint Lucars when neere aboute the tyme when the Spanishe place
ffleete and there whereby they had gotten a very goods for the
ut went for that other shipps that were then there did hee was
heard./
~~~
HCA 13/57 f.145r Annotate
145

Ad vicesimum deponit et dicit That in case the said Marston and
Chapman doe not receive fraighte for the transportation of the
foresaid soulders accounteinge the said fraighte and what otherwise they
had or mighte have gained in case shee the said shippe had
not bine taken upp by the arlate Wrighte as shee was have and
they
and like to suffer damage and losse to the vallue of are
hundred pounds saveinge in this examinats iudgement and an
se and

Ad secundum ppte sua nescit saveinge that after the article of the arlate
shippe with the foresaid soulders uppon the English Coaste the
and hee was came one
and exed and saye out of perates deale of one
twoe and twoe in prideinge freshe victualls for the said souldier and
sendeinge out boates and other vessells to give notice to them with
arlate shippe of the Holland ffleete which as hee conceiveth
laye in waite for them that thereby they might the letter
some them selve from the said fleete, but have much hee
expended or layd out hee this examinate knoweth not

Ad secundum deponit et dicit That the arte shipp the Assurance
the voyage in question which after three tonns and sufficit
and
ordnance tackle and other necessanes fitt to carry and conducte
sua number of soulders as the souldiers in question and the
and
to see the arlate Captaines and soulders and of cotton
had offered to have freighte for them and when they came
uppon the English Coaste the for theire latter sente this
and ffitt to defende themselves and
save the interrogate under to see them of there and as
reason of the same And this hee affirme, hee after
his knowledge to bee true At aliter nescit /

Ad secundum deponit et dicit That the arlate Mason and Company
did as hee conceiveth doe all what they could and soe did shee

Ad
safelye to Dunquercke and that they neither were moore many
faulte at all in that they did not all safelye arrive at
re in the hee
ladeing as are at livinge will accomtedge and castaine
that they did very well deserve theire fraighte for them
And this hee affirmeth uppon his oath to bee true aliter nescit

Ad vicesimum quartum deponit et dicit That to this examinats knowledge the arlate
Marson hath by agent or servant demannded fraighte of the arlate
Nathan Wrighte for the transportation of the foresaid souldier and that
hee hath refused undered thering the same aliter nescit
Sup reliquis non examinatur./

Peach fower yonge [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.145v Annotate
29o Junij 1643

Barrowaye et alj cona Marshall

Martinus Novell de Saint John Hanglish Lord
scriptor etatis 29 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur et
et alios Smith Yeo

1s
deb.

Ad primu secundum et reliquas pres alluis ex parte Marshall et
or in hac causa datus et admissa deponit et dicit That uppon the
15th of Aprill Anno 1640 videlicet Aprill laste was twelve monethes
hee this examinate did cause the arlate Jacob de Lean to bee arrested
at the suite or instance of one standelpe one of the parties
in the arlate schedule menconed and certaine others not menconed
in the said schedule, and the said Delean yet remained a fishe
to the Kings Bench under that arreste and others that are layd
uppon him And this hee affirmeth uppon his oath of his knowledge
to bee true whoe spoake with him the same daye hee was arrested
and is informed by his Astormey in that but behalfe imployed that
hee is not yet dischardged from that arreste Al aliter referend se
ad qua pro parte sua nescit /

Thomas North [SIGNATURE, RH SIDE]
----
die pred

Anthonye contra Hall
Budd Smith

2

Thomas Ashleys de Lymehouse in comitatu Middlesex nauta etats
41 aut eo circiter testis in hac parte productus, iuratus et examinatus
deponit et dicit quod et deponit prout sequitur videlicet./

Ad primum arlum libelli ex parte dicti Anthonye in hac causa at oblat et
part of the yeare
admissa dicit et deponit That in the yeares 1639. 1639. and 1650 arlate hee
deponent was and went Masters Mate of the arlate shippe the Pleyades the
voyage in question and further sayeth that de during all that the tyme the
arlate James Hall was and went master of and in the said shippe and sute
the gavernment and requent thereof and for master of her the said voyage
question during all the tyme aforesaid was Commonly accounted reputed and
taken aliter ad hum arlum dicit quod pro parte sua nescit deponere/

Ad secundum non exaiatur ex direccone producents./

Ad tertium pro parte sua nescit deponere saving that there was after dise hee
the arlate Hall and the producent, and that the producent did well be his
towed all the shipps Company so farr as this deponent proceed other
heard of./

Ad 4. 5. 6. et septimum non exaiatur ex direccone producents.

Ad octavum dicit et deponit That after the arrivall of the arlate shippe the
same
Pirates at hee the arlate in laden the the
to
~~~
HCA 13/57 f.146r Annotate
146

unknowne to
to serve the said Duke without the consent of the Company of her and that
in the said Duke of Venice or service all the names of all the said shipps Company
were registred two or three in the said ymployment aliter nescit deponere/

Ad nonum dicit et deponit, That in after the being both of the arlate shippe the
Weyardes into the service of the Duke of Venice as afore is deposed divers of ye
said shipps Company did refert unto his Majesties Agent there resident by way of
Complaint (as this deponent verily beleiveth aliter pro parte sua dicit quod nescit/
deponere, saving that this deponent sayeth he heard the said Agent say unto the
arlate Hall, That hee ought to have made him acquainted with the letting forth
the said shippe before hee had soe donne./

Ad decimum dicit et deponit, That he this deponent heard the arlate Hall say and posses
That he would serve the said Duke of Venice with his said shippe the Plyades
and Company but 4. monethes and gave a noate to some of the said shippes Company
this deponent hath heard. aliter nescit deponere to that purpose aliter nescit deponere./

Ad 11. et duodecimum non exaiatur ex direccone producents./

Ad tertio decimum dicit et deponit, which that within the yeare 1639 arlate (mpus aliter non bene
recolit) the arlate Hall came on board the shippe the Peades and founde one
of the docke of Ven servants wcastling whome of the said shipps Company and
and did then and there and fell uppon them, and the producent standing by there
happened a Combusion betwixt the said Hall and the producent but by what
occasion this deponent sayeth he knoweth not in which Combustion there was soe
blond drowne, where uppon the said Hall went into his Cabin and threatened to
bills in the producent ut dicit aliter nescit deponere./

Ad 14. et quartodecimum non exaiatur ex direccone producents.

Ad sextodecimum dicit et deponit, That after the Comission betweene the arlate Hall the
producent as aforesaid this deponent sayeth that to his sight and knowledge the producent
was very grossly abused both at East and on board the Gallioone being stayned
therein but whether this were done by the order and pcure of the arlate Hall
or by the Austoe in this deponent sayeth that soe his part hee knoweth not.
aliter pro parte sua dicit quod nescit deponere./

Ad septimum dicit et deponit, That during all the tyme that the producent Anthony was and
remayned in prison in the Galleone as is arlate hee had in manner of allowance
from the arlate shippe the Plymades but lived at his owne expence as this
deponent beleiveth but what his Charge might amount unto this deponent sayeth
all for his and hee cannot buy aliter nescit deponere./

Ad decimum
~~~
HCA 13/57 f.146v Annotate

Ad sextodecimum dicit et deponit That hee the cause hee this deponent as it is the
producent Anthony th hee could not have suffered hee any in boy and side
for 5 et aliter nescit deponere./

Ad 13 pro parte sua nescit deponere./

Ad secundum dicit quod refert se ad praedeposita proper eum ea article l prd quet nescit
aliter nescit deponere./

Ad undecimum dicit et deponit That the producent hee was in serven of the
Will of bene and miths this arlate aliter pro parte sua dicit quod nescit depone
Saving that the arlate Hall had a goods into for said shippe
Sup reliquis non examinatus de direccone producents./
Thomas the
Pem sup interria.

Ad primu respondet That he cometh to bee examined by the price of the
producent aliter nescit./

Ad secundum respondet nes et prius quoad afficums in a interria and in
nec abest nor pdent poundry her his predet. aliter negative/

Ad tertium respondet quod refert se ad praedeposita proper eum allo in hac causa datus et oblat
soe credit esse vera aliter nescit respondere./

Ad quartum respondere./

Ad primum respondet qua refert se ut supra aliter nescit respondere./
7. Ad septimum pro parte sua respondet negae./

Ad octavum respondet That the said Captaine hath beene accounted an able seaman eisince
this Rondent hath knowne in which about 15 yeall aliter pro parte sua dicit
quod nescit respondere./

Ad tertium nescit respondere./

Ad decimum respondet et reddit That he beleiveth the in sett shippe all did not
willfully cast away the said shippe but would have prserved her incesse
he coulde aliter nescit respondere./

Ad undecimum respondet That shippes as biggs the Peades interrogate and that that the
drawne as much water have come upp the River as farr as deptford
at that tyme of the upon the said shippe was cast away alled
respondere./

Ad 11um rence at succeedeing

Ad tertio decimum refert se ad praedeposita proper eum all lilo prd que redrest ratest
respondere./

Rowe master [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.147r Annotate
147

29o Junij 1641

Johannes Tite de Saint Catherines Colonia London mercator
etatis 35 annorum aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/
wee are

Captaine Martyn Smith

Ad tertium prem alluis ex parte Craddocke et soc in hac causa datus et
admissa deponit et dicit That aboute a yeare and a halfe since
to his noe beste remembrance, tempus aliter ram non recolit the
arlate Mary hardye the partie Agent in this cause the Relicte
or widdowe of Andrewe chardge deceased came to him this examinate
hee beinge an accountent and beinge of acquainted the
and desired him to peruse over her husbands accounts betweene
him and his owners of a certaine shippe to his nowe examinate
remembrance called the Abraham of which hee was whileste
hee lived master, and brought him the said accounts and afterwards
by one master Hardings meanes this examinate receiveinge the owners accounts
for the said shippe betweene them and the said Hardge, hee this
examinate by and with the consent aswell of the foresaid Mary hardye
as alsoe the owners of the said shippe the Abraham did peruse
over the accounts betweene them and did finde by those
which the alleaged were all they had
accounts which were then produced and broughte him that there
was the sume of twentye fower poundes remaineinge do nyne
and noe more
pence halfe pennye remaineinge due to the said hardge deceased
from the owners of the said shippe uppon those accounts, and the
said Mary hardge after this examinate had perfected the said accounts
tooke a copie thereof and did not then seeme to dislike
thereof but seemed to this examinate to preve thereof and was
as hee conceiveth willinge to have accepted of the said money
And this hee affirmeth uppon his oath to bee true Al aliter nescit /
saveinge this examinate had five pounds allowed him uppon that
accounte for casteinge upp and perfectinge the same but doth
and some what of the said Mary hardge for the coppie of
the said accounte but howe much hee nowe remembreth not/

Super reliquis non exatur ex direccone./

John Tyle [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.147v Annotate
30º Junij 1641

Willimus Baddington servus et apprenticius
Jacob Kircke Captaine Civitatis London mercatoris etats
20 annoru aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur unto

Negotiu examinacons testiu
sergone Arard requistriall in
quod negate cora Indebus
dt

Did Dunquere interrogate George
Smith ye Armate Capitanes
Pictoris Hamelson

Ad prima prem alluis ex parte George Smith partis producents in
hac causa datus et admissa deponit et dicit That aboute the beginne
of December laste parte hee this examinate did shippe aboard and
certaine shippe called the Josephe of London, John Mariner master
then in the River of Thames at the Customehouse Key London
twoe bales of ye rawe the salte marcked as in the margente to bee
carried in the arlate shippe from this porte of London to Rotterdam
in Holland and there to bee delivered for the use and accounte upper
if the arlate George Smith to whome the same did solelye
and properlye belonge and appertaine, and tooke a Cockett of
of the Customehouse London in the said Smith name for the shippinge
further
or transportation of the said two bales of silke and did enter the
samed cause the same to bee booked downe noe in the
bookes of accounts of the said George Smith remaineinge in the
custodye of the foresaid James Kircke this examinats master hee
be dispatchinge the said Smith but busines for him in his absence
and not above a fortnighte before the said twoe bales of silke were
soe shipped aboard the said shippe the Josephe to bee transported
to Rotterdam aforesaid for the said Smith accounte this examinate received
the said sales into for the use of the said Smith out of a shippe
called the Edward which came from the Streights, And this
hee affirmeth uppon his oath to bee true Al aliter pro parte sua nescit

Ad secundum prem alluis pred deponit et dicit That hee this ext
doth very well knowe the arlate George Smith and knoweth him
to bee a mrchante of London and hath heard that hee is a
ffreeman of London, and that hee was borne within the parishe of
Saint Lawrence Jury in London, and that hee was theire p bayes
as is arlate et aliter pro parte sua nescit. /

Ad tertium deponit et dicit That hee this examinate hath served a mrchante
for the space of these six yeares last paste and upwards and soe
all that tyme hath observed it a usuall and customry things
merchants of London that trade to Rotterdam, or other places thereaboute
to shippe packs or bales of goodes without any bills of ladeinge to
fraighte letters and soe much hee conceiveth is well and notices
knowne to moste merchants that use that good to bee
At aliter nescit.

Ad ultimum dicit predepoita proper eu esse vera

Ad
R
Newe [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.148r Annotate
1

die pred./

Jacobus Kirckes pro Sta Andrew unders afte London mercator etats
27 an annoru aut eo circiter testis in hac parte productus, iuratus et
examinatus deponit et dicit prout sequitur videlicet/

2s

Ad prima prem alluis ex parte George Smith partis producents/
in hac causa datus et admissa deponit et dicit That aboute the
man called, William Roding to and hee this examinats
moneth of November laste parte hee this examinate beinge dispatching
the arlate George Smith busines for him in his absence) did
receive out of a certaine shippe called the Edward which came
from the freights to bill of sale markes and mate
as is arlate for the use and accounte of the said Smith and
afterwards aboute the beginninge of December followeinge caused
the said tyme till of sale take by his mann aforesaid to be soe
aboard the arlate shippe the Josephe John Manner master to
shee then lyeinge at or neere the Customehouse Keye London
to bee transported therehence to Rotterdam in Holland and and
there to bee lefte put into the Customehouse the for the
and there to remaine untill burther
use and accounte proper of the said Smith, which said twoe
bales of silke were shipped by a Cockett from the Kings officers
of the Custreete London and were entred downe in the
Customehouse bookes as alsoe in the bookes of accounts which the
examinate keepeth of the said Smith goodes and did at the tyme of
theire shippinge abord the first shipp the Jose soe and
were borne in his hee the
said her hee with the same tyme were save the
said bookes of accounts wherein the said salte are entered are
exactlye kepte and in such manner and forme as merchants
use to keepe the like bookes

Ad secundum prem alluis ex pred deponit et dicit That hee this examinate
hath is very well acquainted with the arlate George Smith and knoweth
that hee is a merchante of London, and a ffreeman of the
reputed
Cittye of London, and the some of Alderman Smith late of
London deceased, and that hee was borne in London within the
fishe of Saint Lawrence such and there baptised the 13th of January 1644
as appeareth by the schedule arlate which this examinate sawe
extracted out of the Register booke for that parishe and sawe the
same subscribed by the minister and Clarcke of the same
parishe And this hee affirmeth uppon his oath to bee true at
aliter pro parte sua nescit /

Ad tertium deponit et dicit That this examinate hath heard and beleeveth that it is
a usuall thinge amongste merchants of London that had from hence to
Rotterdam to deliver theire goodes of they bee packs or bales of goodes
to the master or skipper without bills of ladeinge or fraighte letters and
soe much hee beleeveth is well knowne to merchants that trade theither at
pro parte sua nescit

Relius is predepoita p eu esse vera.

Jones Rich [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.148v Annotate
1o Julij 1641

Johannes Richoute de Saint Dennis Backhurch London and
etats 45 annoru aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet/

3

Ad secundum prem alluis ex parte cus Georges Smith mcatory that
parte datus et admissa deponit et dicit That hee this examinate is well
acquainted with the arlate George Smith, and knoweth him till
a mrchante of London and hath that hee is a freeman of Lond
and hath heard and beleeveth that hee was the some of one master
Humphrye Smith of London Alderman latelye deceased and was burne
London and there befused, and that hee is an Englishman and a
subiecte to the Kinge of England aliter pro parte sua nescit /

Ad tertium deponit et dicit That hee this examinate hath used to true to
Rotterdam and other places thereabouts from this Porte of London
for the space of these 14 yeares and upwards and for all that
tyme hath observed and knowen it to bee a usuall and
customary thinge for merchants that trade to Rotterdam to delivered
unto the master of any shipp or skipper theire goodes especially of
they bee packes or bailes without any bills of ladeinge and many
tymes without any letters fraighte letters, which they take care to
send by the Poste afterwards And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad ultimum dicit predepoita proper eu esse vera.
John Bushelt
happell
Thomas ffith de Saint Helines Bither sett London mercator
etatis 44 annoru aut eo circiter testis in hac parte productus, iuratus
et examinatus, deponit et dicit prout sequitur videlicet /
4

Ad prima prem alluis ex parte George Smith partis producents
in hac causa datus et admissa deponit et dicit That verall verye
latelye hee this examinate did peruse of ever certaine bookes of
accountes remaineinge in the custodye of one master James hee
of London mrchante and did there finde by those bookes of
accounts that there was shipped aboard a certaine shippe called
the Josephe of London of which one master John Mariner was Master
twoe bales of silke to bee transported from this Porte of London
to Rotterdam for the accounte upper and adventure of the arlate is
Smith of London mrchante, which said bookes of accounts are as
exactlye and merchant like kepte as any merchants bookes neede to bee
which hee knoweth to bee true beinge a merchante and knoweinge the
belongs to the keepinge of a mrchants bookes of accounte aliter nescit

Ad secundum deponit et dicit, That hee this examinate is very well as one
with the arlate George Smith and hath bine acquainted of the
knowen
last pate
for the space of above the 24 yeares ⁁ and knoweth him the
~~~
HCA 13/57 f.149r Annotate
14

a mrchante and freeman of the Citty of London, free of the Govers
Companye and hath heard and beleeveth hee was the some of
master Humphrye Smith one of the Aldermen of London, latelye deceased
and as appeares by the arlate schedule which this examinate sawe
of Saint Lawrence Prye
extracted out of the Register booke for Christonings in the said
parishe ⁁ and subscribed by the Minister and Clercke of the said
fishe was borne within the parishe of Saint Lawrence Jurye in
London and was there becaused the 13th of January 1654
late, And this hee affirmeth uppon his oath to bee true aliter
nescit./

Ad reliquas pred non exatur

Thomas ffish [SIGNATURE, RH SIDE]
----
die pred
xx

Daniel fforracked Saint Mary le Bowe London mercator
etatis 38 not er annoru aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout sequitur
videlicet./

Ad secundum prem alluis ex parte Georgis Smith partis producents in hac
causa datus et admissa deponit et dicit That hee this examinate is well
acquainted with the arlate master George Smith and knoweth him to
bee a mrchante and ffreeman of the Citty of London merchante
and
reputed
the some of Humphry Smith one of the Aldermen of London
deceased And this hee affirmeth uppon his oath to bee true Al aliter
pro parte sua nescit

Ad tertium deponit et dicit That within these 15 yeares laste paste
hee this examinate hath traded much from this Porte of London to Rotterdam
in Holland and other places thereabouts and thereby knoweth that
it is a usuall thinge for merchants to deliver theire goodes to
the skippers or masters of shipps that goe to Rotterdam without
bills of ladeinge and sometymes without any fraighte le letters
for the present
which they deferr and send afterwards by the Poste especially of
the goodes bee packe goodes or bale goodes, And soe much hee
beleeveth is well knowen unto moste merchants that use that waye
of trade And this hee affirmeth uppon his oath to bee true.
At aliter nescit /

Ad ultimum dicit predepoita proper eu esse vera.

Daniell ffrench [SIGNATURE, RH SIDE]
----
die pred/

allwood cond Clarcke)
at Barbadd Martyn)
Riche)

Thomas Bayley de Saint Dunstaines bee laste London
Cooper etatis 55 annoru aut eo circiter testis in hac parte
productus iuratus et examinatus deponit et dicit quod
Richu Smallwood partem producente er spara mann
paul plus Willimum dicto novit et quod P ffarbarcke in
parte contra quam productus xx xxx xxx di tempus et novit reliquam
eate were cona quam pducitur non novit ut dicit pr quam ex visa
~~~
HCA 13/57 f.149v Annotate
2º Julij 1641

William Carper contra)
Willimu Edward Yeo)
Smith)

1s

Rs. E. B

Johannes Smith de Ratcliffe in comitatu Middlesex Copp
etats 50 aut eo circiter testis in hac parte productus iuratus
et examinatus deponit et dicit quod Cooper partem producent
proper space tru mens aut eo circiter ex visa tant novit sedit
contra quam producitur non novit ut dicit /

Ad primu secundu et reliquos articulos libelli ex parte Cooper parts
producents in hac causa datus et admissa deponit et dicit That
within the tyme arlate after the arrivall of the arlate shippe
the Exchange of which the said Cooper was the reputed master
the River hee this examinate beinge sent aboard the said shippe by ene
master Pinder the mrchante of her to looke to his goodes aboard in came
aboard uppon a Monday the second or third of June laste ut
credit, in the afternoone, and continued aboard her for the space of
tenn or eleaven dayes after videlicet untill shee was quite delivered of her
ladeinge and when this examinate firste came aboard the said shippe a
certaine shippe as hee heard called the all hee by then
asterne of their said shippe the Exchange shee laye faste and
safelye moored by twoe Cables one to in the River of Thames a little
belowe dicks shoare by two Cables one to the Southwarde and
the other to the Northwarde and soe continued untill a certaine
shippe as hee heard called the loyalltye which laye a sterne of
her and verye looselye in or hat or stacke moored it being
head of the Exchange and the nexte morneinge
her weighinge Anchor to sett saile downe the River at a tyde of
all with a fresh was gale of wynde came foule of the Exchange
with her broad side thwarte the Exchanges halfe, th her
Company haveinge hoysted upp theire fore to sale and maine
as hee conceiveth
stile to saile, and not able for want of helpe to hale upp
home theire sheates before they came foule of the Exchange
ut predeposuit, and in that manner the said shippe laye foule
of the Exchange one whole tyde of ebb and did her exceedinge
greate damage but howe to estimate the same hee knoweth not but
saieth the said shippe done the Exchange soe farr from her mooringe
as that shee came a grounde and veereinge aboute to gett of
againe the tyde beinge a grounde, made such a heele that hee
Companye and this examinate thoughte shee would scarce ever have
recovered the same againe all which was occasioned by meanes
the said shipps comeinge foule of her as aforesaid. And this hee
affirmeth uppon his oath to bee true At aliter pro parte sua nescit
saveinge that before the said shippe came foule of the Exchange
some of the Exchanges companye would have bent the said shipp
Cappanye theire helpe to have made her faste when shee last
soe
~~~
HCA 13/57 f.150r Annotate
150

soe loose and stacke ut predeposuit, but the said Company
refused to accepte of theire helpe and would not suffer them
some aboard her and the said shippe was a Collier and
a newe shippe and a very lustie stoute shippe, and the Exchange was
henry laden./

Ad Interrogatoria./

Ad primu respondet That hee cometh to testifie in this cause at
the requeste of the foresaid Cooper sed eque favet ptibus litigan
et optat victoria ius haben et aliter negative./

Ad secundum refert se ad predepoita et aliter negative et nescit saveinge
that it was to his beste remembrance aboute 5 of the Clocke in
the morneinge when the foresaid shippe came foule of the
Exchange and there was then aboard the said shippe this examinate rendente
and three more of the said shipps Company at leaste to this rendent
beste remembrance

Ad tertium nescit respondere aliter quam predeposuit./

Ad quartum pro parte sua nescit respondere./

Ad quintum respondet That before the Royaltye came foule of the Exchange
some of her Companye called out to them in the Exchange to veere
theire Cable which they accordinglye did as much as in them
they could, and yet notwithstandinge the said shippe came foule
of the Exchange ut predeposuit aliter nescit /
there foultye was not laden but yet this rendente

Ad sextum respondet That the befully was not laden but beleeveth parte
of her heade was a grounde the tyme aforesaid and parte of her
gallerye was broaken downe aliter nescit /

Johis [MARKE, RH SIDE]
Smith
Signu
4
----
die pred

3s

R. E. B.

Stephanus Tayler de Wappinge Mall in comitatu Middlsex
nauta annos agens 40 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit quod Willim Coope tem
producentem proper spaci t annoru ultimum etaps bene novit et
Willim Edwards partem contra quam producitur a 2º Juny ultimum
etaps aut eo circiter et novit ut dicit /

Ad primum secundum et reliquos articulos libelli ex parte Cooper parts
for all
producen deponit et dicit That within the tyme arlate the arlate
the arlate Cooper was master and accounted parte owner of
the arlate shippe the Exchange and that uppon or aboute the
seconde of June arlate the said shippe was faste moored by
twoe Anchors in the River of Thames neere Lymehouse in
safe and convenient place there, and there had soe layen for
the space of 4 or 5 dayes before but uppon the said did of
second of June aforesaid the arlate shippe the Loyaltye of his
which the arlate Edwards was the reputed master rideinge at
Anchor neere the Exchange a sterne of her the nighte before
weighed Anchor and fell a heade of the Exchange and the next
~~~
HCA 13/57 f.150v Annotate
morneinge into the tyde of ebb weighinge anchor and settinge
saile downe the River beinge close a heade of the Exchange
came full of the Caphange before they could sett there said
her
had any sailes sett, with theire broade side thwarte the
Exchanges halfe and thereby drove the said shippe the Exchange
from her mooreinges and done her a shoare, and broake her
bolt spritt and her heade and did her a greate deale of of
damage but howe to estimate the same hee knoweth not, but
saieth shee was driven a grounde and was soe much fallen
the
on one side that her Companye were in dannger or feare
that they should never have recovered her againe, shee haveing
at leaste eighte foote water on the one side and not above
4 at moste on the other side and besides they were fainte to
take out a lighter of goodes on the Lee side and to calke upp
her ports to keepe her from sinckinge shee laye soe much
uppon the hee side And this hee affirmeth uppon his oath to
bee true hee beinge one of the Exchanges Company and
aboard of her when the said shippe the Royaltye came
foule of her as aforesaid Al aliter nescit saveinge that some of
the Exchanges Company offered theire helpe to the Companye
before shee came foule of the and
of the Loyaltye seeinge her to lye verye looselye moored to hee
to more her to fasten but the Loyaltyes company refused
theire helpe and would not suffer them soe to doe

Ad Interrogatoria.

Ad primu respondet That hee cometh to testifie in this cause at
the requeste the producente Cooper quod equa favet ptibus litigan
et optat victoria ius haben et aliter negative./

Ad secundum refert se ad predepoita et ulterius respondet That hee
had noe office in the said shippe the tyme aforesaid, and there were
to his beste remembrance nyne or tenn persons more besides himselfe
aboard the Exchange when the loyaltye came foule of her of
aforesaid and it was aboute six or of the Clocke in the
morneinge when shee soe came foule of the Exchange./

Ad 3 respondet That hee doth not remember at present whether the
Loyaltye were at anchor in the place aforesaid before the thing
came theither or not, but saieth for all the tyme the Exchange
laye there shee was soe looselye moored that shee came from
of the Exchange every daye but did her noe hurte untill the
tyme aforesaid. At aliter referend se ad predepoita nescit /

Ad quartum pro parte sua nescit respondere./

Ad quintum respondet That the same nameinge in which the loyallye and
come foule of the Exchange they in the Exchange before the togall
was foule of them called to them in the Royaltye and asked the
what they mett to doe and when they sine sawe that they hee the
1
~~~
HCA 13/57 f.151r Annotate
151

to come foule of them, they did veere theire cable as much as they
could to avoyde them but could not Al aliter referend se ad
predepoita nescit./

Ad octavum respondet That hee beleeveth the loyaltye was a grounde
aswell as the Exchange but gott better of beinge not laden as the
Exchange was, and that by comeinge foule of the Exchange as
aforesaid shee broade broake downe some parte of her gallerye

Signu [MARKE, RH SIDE]
Step
Tayler/
P
----
die pred

1s

R. E. B

Willimus Yonnge de Ratcliffe in Comitatu Middlesex nauta etats
28 aut eo circiter testis in hac parte parte productus, iuratus et
examinatus deponit et dicit quod William Copper ptem producent
proper spacin tra annoru ultimum etaps bene novit et Willim
Edwards proper spard quing headonada ultimum etaps aut eo circiter
et novit ut dicit./

Ad primu secundu et reliquos articulos libelli ex parte Cooper partis
producents in hac parte datus et admissa deponit et dicit /
That for all the tyme arlate to this examinats knowledge the arlate
Cooper was master and generally accounted parte owner of the
arlate shippe the Exchange and within the said tyme videlicet
aboute the seconde of June arlate the arlate Willmj Edwards
was accounted master of the arlate shippe the Loyaltye and
that uppon the ⁁ seconde of June aforesaid the said shippe the
Exchange was faste and securelye were moored by two anchors
out one to the Southward and the other to the Northward in the
River of Thames neere Lymehouse in safe and convenient place
as needed to bee and had soe continued for the space of for
longe
dayes next before and soe had continued ut credit, but that the
beinge at firste a sterne of them atter nighte weigged anchor and gott heade of
shippe the Royaltye weighinge any beinge then a heade
them and the nexte morneinge beinge heade of them weighinge anchor againe
the havinge at the tyde ett of the tyde were lodginge
to sett
anchor to sett downe saile downe the River came foule of
the Exchange, and beate here carried her from her mooreing
and drove her a shoare and broake downe her builte spritt
and her heade and did her a greate deale of other damage
the perticulers whereof hee cannott at present declare, nor the
came thereof but saieth that the Exchange beinge fully
ladeing in holde and betweene decks came a grounde and
and laye all upon
made a greate laste or heeleinge all on one side in soe
much that her Companye then aboard thoughte shee would
hardlye ever have recovered againe, And this hee affirmeth
uppon his oath to bee true hee beinge for all the tyme arlate one of
the said shipps Company and aboard of her when the Royaltye
within halfe an hower after
came foule of her ut predeposuit, Et aliter pro parte sua nescit saveinge
that hee this examinate before the lilly came foule of the Kinge
~~~
HCA 13/57 f.151v Annotate
and some other of the Exchanges Company seeinge howe looselye
the said shippe was moored proffered theire helpe to her Company
to have moored her faster faster which they refused to accepte
of and would not suffer them to come aboard her to that
effecte./

Ad Interrogatoria

Ad primum respondet That hee cometh to bee examined in this cause
at the requeste of the producent beinge one of his Companye ut
predeposuit quod equa favet ptibus litigan, ptat victoria is
have aliter negative/

Ad secundum refert se ad predepoita et ulterius respondet That there
were at leaste 8 men of her Company aboard the Exchange
when this rendente came aboard her aforesaid and it was aboute
seaven of the Clocke in the morneinge when the Royaltye came
foule of her as aforesaid. aliter nescit /

Ad tertium refert se ad predepoita et aliter nescit saveinge the said
Royaltye was manye tymes foule of the Exchange before shee
did her the damage in controverse by reason of her all
mooreinge./

Ad quartum pro parte sua nescit respondere salvis predepoitis

Ad quintum nescit respondere salvis predepoits saveinge that they
and the fortye
the Exchange did many tymes dureinge the tyme ⁁ they laye
4
togeather in the River of Thames before the damage in
question happened to the said shippe did veere theire Cable to
make and give waye to the said shippe the Royaltye./

Ad sextum respondet That hee beleeveth the loyaltye the tyme aforesaid
was a grounde aswell as the Exchange but beinge not laden
as the Exchange was gott the sooner of againe, and that
by comeinge foule of the Exchange ut predeposuit, shee
broake downe some part of her gallerye aliter nescit /

William Yonnge [SIGNATURE, RH SIDE]
----
die pred.

Lante et Lante contra
Shawe Yeo Smith

Abrahamus Ketcham de Gipnica in comitatu
Suffs nauta etats 38 aut eo circiter testis in hac
parte productus, iuratus et examinatus deponit et
dicit prout sequitur videlicet/

Ad prima prem alluis ex parte Shawe partis producents in hac causa
datus et admissa deponit et dicit That hee this examinate hath bine
seaman and exerised to himselfe to goe to sea for the space of the
in that tyme hath observed and
xxx yeares last paste and upwards and knoweth that it to the said
and custome amongste merchants and masters of shipps tooke of
mariners for the marriners to have theire Cabons free for the
transportacon of any goodes that they cann stowe or carry in the
fore without payeinge any or alloweinge any fraighte for the said
and soe much hee well knowen to moste that hath hee
to sea and alsoe to the are ate et alite, And this he the
uppon his oath to bee true, Al aliter nescit /
~~~
HCA 13/57 f.152r Annotate
152

Ad secundum prem deponit That in a merchants voyage hee doth not
remember that ever hee sailed in a shippe of above twoe hundred
and fifty tonnes at moste and therefore cannot depose to this article
salvis predepoits.

Ad tertium deponit That hee this examinate did belonge to the arlate
shippe but one voyage videlicet from London to Mallegoe and
from thence backe againe to this Porte of London which was
the laste of the voyages in question, and then the said
Sawe the producent carried outwards twoe peeces of white
stuffe bayes of of aboute thirtye yardes longe a peece and
halfe a hundred weighte of tobaccoe and noe other goodes to this examinats
knowledge and homewards bounde one butt of wyne shorted
or putt into 4 quarter Casks and five barrells of raisons
videlicet 2 greate one of aboute twoe hundred with a peece at moste
and the 3 small ones of aboute one hundred weighte a peece and
noe more ut credit, And this hee affirmeth uppon his oath
to bee true At aliter pro parte sua nescit /

Ad 4. 5. et reliquas pres deponit et dicit That at theire
first comeinge aboard the said shippe the Ambrose at
Mallegae where they were taken in twoe of the said quarter
casks of wyne were sett by this examinats Cabin side and the other
twoe by the said Shawes Cabins side, which the master of
the said shippe afterwards findeinge faulte with caused them to bee
put into the laste where takeinge to and some in the
said shippe at the the
leaked out and the other another quite spoyled and the furte
aforesaid was placed and sett uppon the shipps decke theretter
by the masters appointment
was oned before the what goods and putt of
that was alsoe spoiled the said voyage And this hee affirmeth
uppon his oath to bee true At aliter pro parte sua nescit /

Ad Interrogatoria.

Ad primu refert se ad predepoita et aliter nescit saveinge that
hee was hired by the master of the said shippe to serve in her./

Ad secundum refert se ad predepoita aliter nescit saveinge this rendente
sawe where the said shares goodes were putt

Ad tertium pro parte sua respondet That for his parte hee beleeveth if a
marriner doe lade goods betweene decks or in the holde of
shippe hee is lyable to paye fraighte for them unles hee
make his bargaine to the contrary

Ad quartum pro parte sua respondet that for his parte hee conceiveth that
in case the said Shawe bee enforced to paye fraighte for all the
goodes that hee carried in the said shippe the Ambrose out and
home that voyage wherein this rendente cannot amounte unto
above six pounds sterlinge at the moste in this examinats judgement

The marcke of [MARKE, RH SIDE]
Abraham
'2'
Ketcham
~~~
HCA 13/57 f.152v Annotate
3o Julij 1641

Aberdsey contra Penington et
alios Budd Martyn

1s

Rs. E. B.

Thomas Tilson de Ratcliffe in comitatu Middlesex nauta
32 annoru aut eo circiter testis in hac parte productus, iuratus
et examinatus deponit et dicit prout sequitur videlicet/

Ad prima prem alluis ex parte parte producen videlicet Pemstones
soc in hac causa datus et admissa deponit et dicit That in or aboute the
moneth of Auguste Anno 1640 within the tyme arlate hee this
was hired by the arlate Engle to serve in the arlate shippe the
Richard and Anne of which shippe the article said Engle was
then Master, and hee and the arlate Penington, Allen and other
theire ptners the reputed fraighters and setters of her forth to bee
uppon a voyage towards Virginia
Al aliter nescit saveinge that the said Peninston Allen and Company
payd the Company theire wages due for theire service in the said
shippe that voyage./

Ad secundum refert se ad predepoita et aliter nescit saveinge that the
arlate Pennston Allen, Eagle and Company did victuall out
and man the arlate shippe for the voyage arlate and furnished her
with all other necessanes fitt for the said voyage at theire owne
coste and chardges, and did lade or cause to bee laded aboard
the said shippe here in the River of Thames divers goodes and
merchandizes for theire owne accounts as it was reported and
to bee transported from this Porte of London, to some or one of
the places arlate and there to bee delivered for theire use. And
this hee affirmeth uppon his oath to bee true beinge one of her
Companye the said voyage further addinge, that the said shippe with the
said goodes in her after her departure out of the River of Thames
safelye arrived at Virginia Saint Maryes arlate with the said upon
the continent of Virginia./

Ad tertium deponit et dicit That after the arrivall of the arlate
shippe the Richard and Anne at Saint Maryes arlate with her
sell, dispose of and
ladeinge aforesaid the arlate Ingle did deliver or cause to bee
out of the said shippe
delivered ⁁ unto the arlate John Longer as much of the said shipp
by agreement and contracte betweene the in that behalfe made
ladeinge of goods as came to twoe hundred seaventye fower
poundes sterlinge which hee knoweth to bee true for that hee
did helpe to deliver the said goodes out of the shippe and sawe the
accounts thereof caste upp betweene the said Longer and Hugh
aboard the said shippe in the masters Cabon. At aliter nescit salvis
West she safegu

Ad quartum refert prium pred nauta et aliter nescit saveinge that
hee this examinate did heard the arlate Langer when hee contracted
and agreed with the arlate Eagle for the foresaid goodes ship the
aboard the arlate shippe they and pmise that hee would goe
said Hughe a bill of Exchange for the payment of the
for the said goodes there in England and for his further hee
would cause a parcell of tobaccoe to hee laden abord his
1s
~~~
HCA 13/57 f.153r Annotate
153

shippe there which hee should keepe and detaine aboard the
said shippe untill the foresaid monyes for the foresaid goodes agreed
uppon were payd him And this hee affirmeth uppon his oath
to bee true./

Ad quintum ⁁ deponit et dicit That whileste the foresaid shippe was and
remained at Saint Maryes arlate the arlate Lewger accordinge to his
promise aforesaid did lade or cause to bee laden aboard the said
shippe fifty one hogsheades of tobaccoe and at the delivery of
them aboard the said shippe did agree with the said Ingle that in
case the parties uppon whome hee had drawen the bill of Exchange
uppon did not paye the monyes aforesaid in the said bill
expressed that then they hee or and his owners or ptners
for theire utisfaccon aforesaid
should keepe the said tobaccoes and dispose of them and make
him an accounte thereof but wheither the said tobaccoes were
marcked all with one or two severall marcks hee remembreth
not, but is certaine parte of them were marcked with the firste
marcke in ⁁ margente arlate Al aliter qua prius ad qua se refert
nescit /

Ad sextum refert se ad predepoita et aliter pro parte sua nescit saveinge
that the bill of Exchange aforesaid was drawen uppon the arlate
Cornewallis, and in his absence uppon the arlate Hars to his beste
remembrance, and the tobaccoes aforesaid were consigned to bee
delivered to the said Cornewallis, master Harris and or the arlate Smith
in case they would accepte of the foresaid bill of Exchange and paye ye
monies aforesaid otherwise not by agreement

Ad septimum deponit That the arlate Ingle did signe bills of
ladeinge for the delivery of the foresaid tobaccoes and the arlate
schedule hee taketh is one of the bills of ladeinge which the said Engle
did signe to for the delivery of the said tobaccoes and is as hee conceiveth
subscribed with the said Ingles proper hand writeinge hee beinge acquainted
therewith at aliter nescit /

Ad octavum pro parte sua nescit /

Ad nonum pro parte sua nescit saveinge that the arlate Pemaston and
Company have the tobaccoes arlate in question under theire custodye at
the other hee yet hee the
shippe same

Ad decimum pro parte sua nescit deponere for that hee did not see him
subscribe the schedule arlate

Ad 11 deponit et dicit That a goe parte of the tobaccoes
aforesaid were bought and provided with parte of the goodes which
the arlate Lenger had of the foresaid Ingle out of the foresaid shippe
Saint Maryes aforesaid, which hee knoweth to bee true for that hee
sawe when hee did trucke and barter them awaye for And this
hee affirmeth uppon his oath to bee true. At aliter nescit/

Ad ultimum dicit predepoita proper eu esse vera./

Thomas Tilson [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.153v Annotate
die pred

2s

Rs. E. B

Willimus Kinge de Redriffe in comitatu Surr nauta et
34 annoru aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur./

Ad prima prem alluis ex parte Penniston et soc in hac causa datus et
admissa deponit et dicit That hee this examinate was hired to served
serve in the said arlate shippe the Richard and Anne in August
or aboute the moneth of Auguste within the tyme arlate and did
serve in her for the space nyne or tenn monethes from thence
followeinge and thereby knoweth that the arlate Penniston All
Ingle and Companye were the ffraighters of the said shippe with
the tyme arlate and that the said Ingle was alsoe master of
and for such comonlye accounted reputed and taken, And this hee
affirmeth uppon his oath to bee true At aliter pro parte sua nescit /

Ad secundum deponit et dicit That within the tyme arlate the arlate
Peniston and Company arlate did fitt, furnith for furnishe and
sett out to Sea the arlate shippe the Richard and Anne for
a voyage with her to bee made from this Porte of London to
some partes of Virginia arlate and did lade and cause to bee
laden and put aboard of her here in the River of Thames to bee
transported to Virginia aforesaid and there to bee delivered for theire
divers goodes wares and marchandizes
accounts and adventures ⁁ and that the said shippe with the said
at the ye Mary and
goodes did there within the tyme arlate safelye arrived, And this
hee knoweth to bee true beinge one of her Companye the said
voyage and did helpe to lade and unlade the said goodes, And
nescit /

Ad tertium deponit et dicit That after the arrivall of the arlate shipp
at the Porte of Saint Maries arlate the arlate Ingle did and
unto the arlate John Lewger
the said shippe sell and dispose of as manye of the foresaid goods
belongeinge to the said Peninston and Companye as unto the said
arlate as by the accounts caste upp betweene them came to him
hundred seaventye and some odd pounds odd money and did
deliver or cause the said goodes to bee delivered to the said
Longer, And this hee affirmeth uppon his oath to bee true beinge
present when hee the said lenger had parte of the said goodes and
did helpe to deliver the same Al aliter nescit /

Ad quartum deponit et dicit That hee this examinate was present and hee
when the arlate Lenger did contracte and agree with the
arlate Ingle for to allowe and give the sume of a the
hundred seaventye odd pounds, gold money for the goods hee
had and was to have of him out of the foresaid shippe belonging the
the arlate Peninston and Companye and alsoe when the
did pmise to lade aboard the said shippe a certaine parcells
tobaccoe which hee sayd for the said Ingle should keepe untill the
was payd the moneyes aforesaid and did further pruse
(Ad
~~~
HCA 13/57 f.154r Annotate
154

ladeinge of the said tobaccoe a bill of Exchange for the said money
and the tobaccoes was from the said Ingles further or better securitye
as hee said of the said money And this hee affirmeth uppon his
oath to bee true At aliter nescit /

Ad quintum deponit et dicit That within the tyme arlate and whileste
the arlate shippe was and remained at the Porte of Saint Maryes
arlate the arlate Longer accordinge to his pmise made to the
foresaid Ingle did lade and cause to bee laden aboard the said
shippe 48 hogsheades of tobaccoe of the marcke in the margente
first
and five hogsheads more of the seconde marcke of in the
1s
margente respectively numbred as in the arlate schedule menconed
and expressed, And this hee affirmeth uppon his oath to bee true
whoe was boatswaine of the said shippe and tooke an accounte of
the said tobaccoes and of the marcks and numbers thereof at aliter
referend se ad predepoita nescit /

Ad sextum deponit et dicit that the tobaccoes aforesaid were consigned
to bee delivered by bill of ladeinge to the arlate Thomas Cornewallis
Esquire Edward Harris or John Smith or to any one of them
or any of theire assignes hee or they uppon the deliver in case
they would accepte thereof to paye or cause to bee payd unto
the foresaid Ingle for the use of the said Peninston and Company
the foresaid moneyes in the said bill of ladeinge expressed for
the goodes which hee had had of the arlate Ingle as aforesaid
And this hee affirmeth uppon his oath to bee true whoe heard
the said bill of ladeinge for the said tobaccoes reade over before the
signeinge thereof and alsoe sawe the foresaid Ingle subscribe
the same Al aliter nescit salvis subsequent

Ad septimum deponit et dicit That there were three bills of ladeinge
all of one tenor signed for the delivery of the tobaccoes in question
and noe more to this examinats knowledge and the arlate schedule is one
of the said three bills of ladeinge reddens racoem ut supra and for that
hee verye well knoweth the arlate Ingles hand writeinge

Ad octavum deponit et dicit That since the arrivall of the foresaid
shippe with the said tobaccoes in her at this Porte of London
hee this examinate board the late Captaine Cornewallis since this
the for the arte would not meddle with the said tobaccoe
At aliter pro parte sua nescit /

Ad nonum pro parte sua nescit salvis predepoitis

Ad decimum deponit et dicit That the second schedule arlate was
and is the bill of Exchange aforesaid and was and is subscribed and
written with the proper hand writeinge of the arlate Lewyer
which hee knoweth to bee true beinge acquainted with his hande
writeinge and same when hee did write and subscribe the same
At aliter nescit /

Ad undecimum deponit et dicit That parte of the tobaccoes in question
~~~
HCA 13/57 f.154v Annotate
were boughte and pvided with fourte of the goodes which hee
arlate Lewger had of the arlate Ingle but what parte hee
knoweth not but saieth that hee sawe when the said Lewger did
trucke or bartin them awaye for tobaccoe which hee afterwarde
caused to bee laden aboard the foresaid shippe, And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad ultimum dicit predepoita proper eu esse vera./

William Kinge [SIGNATURE, RH SIDE]
----
die pred./

Hoste
Cxxxx contra navem the
Mary and Barbara

Smith

1s

debt

William Bundocke of Wappinge in the County of Middlesex
marriner aged 51 yeares or thereabouts sworne before the worshipfull
William Sames Surrogate said beinge examined saieth and
deposeth as followeth videlicet
that hee this examinate beinge one of those that
was latelye chosen for the viewinge and appraiseinge of a certaine
a grounde by the shoare side
shippe nowe lyeinge at shewe at Ratcliffe called as hee hath heard
by the name of the Mary and Babara uppon Wednesday last
did viewe the said shippe and saieth by vertue of his oath the said
her
shippe water lyeth in the said shippe above the ballaste, and the
lyeth a very all p condicon
more byeth very all and will daylye decease in goodnes as hee
lyeth and growe wouse and woose every daye in case and in case
there bee not some sudden and speedye course taken with her
for her preservacon shee will in shorte tyme decay and bee
fitt for noe use but to breake upp And this hee affirmeth uppon his
oath to bee true./
William Bundock
----
dicto die

2s

debt

Robert Mills the elder of Wappinge in the Countye of
Middlesex marriner aged aboute 66 yeares sworne and examined
aforesaid saieth and deposeth
That hee this examinate beinge those
an appraiser to helpe to appraise a certaine fflemishe builte
shippe nowe lyeinge a grounde in the River neere Ratcliffe
called as hee hath heard and beleeveth the Mary and Barbara
uppon Wednesday laste did viewe the said shippe both in the
and out side and hee saieth by vertue of his oath that as hee
nowe lyeth, shee lyeth in a very badd condicon or manner
soe much that the water cometh in to her and lyeth in her about
her ballaste, and was nowe lyeth doth and will daylye and
in goodnes and value, and in a shorte tyme of there shee
some goode prison or course taken to preserve her goods
for little els unles it bee to breake upp and not likely ever the
fitted or worth the chardges of fittinge out to sea againe And
this hee affirmeth uppon his oath to bee true./

Robert Mills [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.155r Annotate
155

5º Julij 1641

Atherell contra Davis)
Budd Martyn)

Rp. E. B

Georgius Andrewes de Saint Catherynes ppe turrim London
scriptor etatis 42 aut eo circiter testis in hac parte productus
juratus, et examinatus deponit et dicit prout sequitur videlicet /

Ad quartum prem allegaconis ex parte Atherell partis producentis in hac causa
datus et admissa deponit et dicit That the arlate schedule was and
is a true noate extracted out of the arlate Atherells booke
of accounts which within the tyme arlate ut credit hee kepte of
what things hee did for any shippe or other vessell and the
same noate for soe much as it containeth doth in all particulers
agree with the said Atherells said booke and was truelye and exactly
callculated and make out of the said booke by him this examinate
upon or aboute the 12th of May 1640 which hee knoweth to bee
true haveinge subscribed his name as a witnes thereto and
nowe at the tyme of this his examinacon seene his
subscription to the same. At aliter nescit /

Super reliquis non exatur./

Ad Interrogatoria

Ad primu respondet That hee cometh to testifie in this cause at the
requeste of the producent and his Proctor without any compulsion or
warneinge quod equa favet ptibus litigan et optat victoria ius
haben et aliter negative./

Ad secundum pro parte sua nescit respondere./

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

George Andrewes [SIGNATURE, RH SIDE]
----
5º Julij 1641

Anthonye contra Hall
Budd Smith

Sampall Hodgson de Saint Gregories ppe Paul London
Civis et draper de London etatis 41 annoru aut eo circiter
testis in hac parte productus, iuratus, et examinatus deponit et dicit
prout sequitur videlicet/

Ad tertium arlum libelli ex parte Anthonye partis producentis in
hac causa datus et admissa deponit et dicit That uppon the 27th
daye of March last paste beinge Satturdaye uppon the Royall
Exchange London aboute noonetyde hee this examinate did heare
Captaine Hall the defendente in this suite saye to one that
did sollicite the busines betweene him and the arlate Anthonye
the plant plaintiffe x that hee thoughte hee oughte the said
Anthonye betweene 8 and nyne pounde for wages and called
(the
~~~
HCA 13/57 f.155v Annotate

the said partie if hee could to ende the difference betweene him
and the said Anthonye for tenn poundes, which hee would willingly
give for the reason aforesaid ut credit And this hee affirmeth uppon
his oath to bee true hee beinge at that tyme requested by the said
Anthonye to goe a longe with him to the Exchange to heare and
or see what agreement the said Hall would make with him haveinge
bine
⁁ as this examinate conceiveth and as the said Anthonye told him this examinate
sollicited him by the foresaid partie to an agreement, Al aliter pro parte
sua nescit deponere./

Super reliquis arlis non exatur ex direccon./

Ad Interrogatoria/

Ad primu respondet That hee cometh to testifie in this cause at the
requeste of the said parte the producent et aliter negative/

Ad secundum pro parte sua respondet negative./

Ad 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. et 13 pro parte sua nescit respondere./

Sam Poull Hodsesson [SIGNATURE, RH SIDE]
----
6º Julij 1641

proper magro Washborne)
quoad navem the)
Imployment)

1s

Rs. E. B

Edward Wilkinson of Wappinge in the Countye of Middlesex
marriner aged 55 yeares or thereabouts sworne and before the
worshipfull Willmj Sames Doctor of Lawes Surrogate to the righte worshipfull
Sir Henry Marten knighte Judge of his Majesties highe Courte of the
Admiralty of England being examined saieth and deposeth

That
aboute a moneth since hee this examinate beinge imployed and sent
over to Ostend, and Dunquercke in fflannders by master Henxx
Washborne of London mrchante of purpose to buy a shippe for
him there, did at Ostend aforesaid buy of a mrchante there
resident a certaine (his name hee remembreth not) a certaine
fflemishe builte vessell of the burthen of aboute thirtye tonnes aboute
42 foote in leighth, aboute 13 foote in breadth, and aboute seaven
foote deepe in hold, which vessell was as hee conceiveth heretofore
a fisher boate and shee coste and standeth the foresaid Washborne in xxxx
stoode
one hundred and sixtye poundes before hee could fitt her to bringe her
from Ostend aforesaid and besides this examinats chardges, and shee is nowe
in the River of Thames and to bee newe builte before shee will bee
fitt for the said Washbornes imployment and that vessell as hee xxxx
at Ostend aforesaid before hee boughte her for the said Washborne
was a prize formerlye taken by the Dunquerckers from the the
and had bine there lawfullye adiudged pryze to the takers and
said shee nowe doth solelye and properlye belonge and appertaine
unto the foresaid Washborne whoe is an Englishman borne and
subiecte to the Kinge of England and a shippe and a house keeper and dweller xxx
~~~
HCA 13/57 f.156r Annotate

156

here in London and shee is to bee called the imployment of
London And this hee affirmeth uppon his oath to bee true further
addinge that noe strannger or fforrainer to this examinats knowledge hath
any intereste with the foresaid Washborne in the said vessell

Edward Willkinsone [SIGNATURE, RH SIDE]
----
die pred./

2s

Rp E. B

Alexander Kilpatricke of Ratta Ratcliffe in the Countye of
Middlesex marriner aged aboute 28 yeares or thereabouts sworne
and examined as aforesaid saieth and deposeth as followeth

a moneth since his preconteste Edward Wilkinson at Ostend
That aboute
in fflannders did buy a certaine fflemishe builte vessell of
the burthen of aboute 30 tonnes, aboute 42 foote in length length
aboute 13 foote broade, and aboute seaven foote deepe in holde
for the use and imployment as hee saide of one master Washborne
of London mrchante to whome as whoe as this examinate hath heard is
an Englishman borne and a subiecte to the Kinge of England
and a house keeper and dweller in London and to whome as hee
conceiveth the said vessell doth solelye and properlye belonge and
appertaine, and the said vessell coste at Ostende aforesaid
eleaven hundred gilders and fifty gilders the firste pennye
besides some other chardges which were necessanlye expended before
shee could bee broughte from thence into the River of Thames
where shee nowe remained and that vessell was as hee conceiveth
before the foresaid Wilkinson boughte her for the said Washbornes
use a fisher boate but muste nowe bee newe builte againe before
shee wilbee fitt for the said Washbornes imployment but the name
of her doth neither before nor since shee was boughte by the said
Wilkinson hee knoweth not the premisse and as hee was tolde
shee was taken as a prize by the Dunquerckers from the Hollanders
and there safelye adiudged before his for ought the
the prmisses hee knoweth to bee true beinge at Dunque Ostende
when the said Wilkinson broughte her and afterwards did helpe
him to bringe her over from Ostende aforesaid into the River of
Thames where shee remaineth

Alexander Killpatricke [SIGNATURE, RH SIDE]
----
dicto die./

3s

Rp E: B

Edward Wilkinson the younger of Wappinge in the Countye of
Middlesex marriner aged aboute 20 yeares sworne and examined
as aforesaid saieth and deposeth That aboute a moneth since hee
this examinate was presente with his preconteste and ffather Edward
Wilkinson at Ostend in fflanders when hee boughte a small
vessell
~~~
HCA 13/57 f.156v Annotate

vessell there of a mann whose name hee remembreth not ffe
builte of the burthen of aboute thirtye tonnes aboute 42 foote
longe, aboute 13 foote broade, and aboute seaven foote de
in holde, for the accounte and use or imployment of one master
Heritt Waghborne of London merchante whoe sent him over
for that purpose and the said vessell is nowe in the River of Thome
but to bee newe builte before shee wilbee fitt for the said Wilson
imployment and coste the firste penn eleaven hundred and
fifth gilders, besides some other potts chardges, which his said ffisher
her
was fainte to disburse before hee could bringe from Ostend aforesaid
and shee and her tackle and furniture doth solelye and
properlye belonge and appertaine ut credit unto the said
Massborne whoe as hee hath bin heard and bine crediblye of
informed is an Englishe man borne and to his knowledge a subiected
to the Kinge of England and a house keeper and Inhabitate
in London and noe strannger or ffarriner soe farr forth as hee
knoweth or beleeveth hath any intereste with the said Massoone
the said vessell but her name what her name either was or were
as for his parte hee knoweth not yet but was tolde at Ostende
aforesaid that shee was a prize take from the Hollanders and there
condemined to the takers and afterwards solde, And this hee or
affirmeth uppon his oath to bee true./

Edward Wilkinson and [SIGNATURE, RH SIDE]
recod prum 63 p interrogate/
~~~
HCA 13/57 f.157r Annotate

157

Cleborne./
Peter Murther
et tellin.
which said Corne servants untill and goods were trann pounded unto Mary and
by reason whereof this deponent verily beleiveth the said producent is damnified
to the valew of 1000£ and upwards aliter nescit deponere./

Ad tertium dicit et deponit, That he veriely beleiveth That by reason of the arlate
Evelius evill disposall of the goods and servants of the what stocke arlate
and by his all Carryage and neglects in there affayres and by reduring the
Island of Kent under the Marylanders the said plitacon is damnified to the
valew of 3000£ and upwards aliter nescit deponere./

Ad tertium nescit deponere./

Ad octavum dicit et deponit Contra a et sugla in humoi posicone menconat esse vera
eo cita scien effect

Sup reliquis non examinatus ex direccone producents./

Samuel Smyth [SIGNATURE, RH SIDE]
Repetit coram d: Sames Smirt
pultimo Junij 1641
----
8o Julij 1643

Braye contra Couch)
Yeo Smith)

1

Rs. E. B.

2

Robertus Woodroffe de Ratcliffe in comitatu Middlesex naupegus
etatis 47 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet quod Richard
Braye in parte producen proper spare free tru annoru ultimum etaps
bene novit et John Couch partem contra quam pducitur ex
visa tantu proper space to mens et a novit ut dicit /

Ad primum arlum libelli ex parte Braye et soc in hac causa datus et
admissa deponit et dicit That hee this examinate for the space of these
twoe monethes laste paste or neere thereabouts hath belonged to the arlate
shippe the Saint Marcke of which the arlate Braye is master and
for all that tyme ever since and at present the said Bay and
Company have bine and are generallye accounted reputed and
taken to bee the owners and lawfull pprietors of the said shippe
tackle and furniture And soe hee beleeveth they are And this hee
hee affirmeth uppon his oath to bee true At aliter nescit /

Ad secundum deponit et dicit That within the tyme arlate the arlate
Couch was and still is ut credit generallye accounted reputed
and taken to bee boatswaine of the arlate shippe the Lonesse
And this hee affirmeth uppon his oath to bee true At aliter nescit /

Ad 3. 4. 5. et reliquos articulos libelli in hac parte datus et admissa deponit
et dicit That within the tyme arlate and with the seconde of
June arlate the arlate shippe the Saint Marcke did lye or ride at
faste moored at Anchor in the River of Thames neere Wappinge
in a safe and convenient place where shipps doe usually diderlye
at
~~~
HCA 13/57 f.157v Annotate

anchor and shee had the or came as anchor without it hee
or receiveinge any hurte in or damage to any other shippe in the
River by the space of 5 or 6 dayes next before the said serve
of for June at which tyme lyeinge some what neere the arlate
shippe the Honesse it uppon the tyde of fludd the wynd
bloweinge some thinge had and the linesse fallinge a street
the Saint Marcke, and the Saint Marcke sworneinge a head of the
or very neere touchinge each other
Lyonesse they came to touch each other which the said Compt abord
of the Lignesse
⁁ perceiveinge forthwith xx a malicions made manner ut credit
haveinge little reason noe reason at all as this examinate conceiveth
soe to have done did with an ape or some such other
instrument which hee had pcured and gott cutt downe of
the spritt saile rigginge the said boltspritt and fore topmast sawe
of the said shippe the Saint Marcke and much of the reste of the
said shippe tackle and apparrell by meanes whereof the
owners of the said shippe are dampnify damnified to the vallue
of above five poundes sterlinge in this examinats judgement, And
this hee affirmeth uppon his oath to bee true hee beinge then aboard
the said shippe the Saint Marcke, Al aliter nescit /

Robert Woodroffe
----
die pred

2us

Gregorius Gilberte de Wapinge in comitatu Middlesex name
etats 22 aut eo circiter testis in hac parte productus, iuratus et
examinatus deponit et dicit quod Richa Braye und part
producen proper spacion sex measion ultimum etaps at ultra novit ut
dicit et John Couch partem cona quam producitur proper span
fire measies ultimum etaps et novit ut dicit /

Ad primu secundu et reliquos articulos libelli ex parte Braye et
socioru in hac causa datus et admissa deponit et dicit That for the
space of these six weekes laste paste and upwards hee this
examinate hath belonged to the arlate shippe the Saint Marcke and hee
doth at present and for all that tyme the arlate Baye
and Companye have bine and are accounted reputed and
taken to bee the owners and pprietors of the arlate shippe the
Saint Marcke and the arlate John Couch within the said tyme
leafe soe accounted
to the boatswaine of the arlate shippe the Cinesse ⁁ and the
untill or aboute the seconde of June arlate tempus aliter
non recolit the said shippe the Saint Marcke lay faste and for the
moored with at Anchor in the River of Thames neere
Wappinge a safe and convenient place where shipps the said
hee without either doeinge or received receiveinge any hurte
damage to or by any other shippe then in the River, but upp the
said
~~~
HCA 13/57 f.158r Annotate
158

said second of June aforesaid temputt abo the Saint Marcke at a tyde
of fludd the the Saint Marcke beinge a heade of the Lyonesse and
with the tyde
the Lyonesse somethinge stacke moored turneinge aboute a little
was in lection of comeinge foule of the Saint Marcke, which
the said Couch then aboard the Lyonesse perceiveinge malimony
or madlye ut credit did with an are cutt the Saint Marcks bolt spritt
and spritt saile rigginge, and foretopmaste staye and some other
of the said shipps apparrell and furniture without any reasons or cause
at all ut credit by meanes whereof the owners of the said shippe
are damnified at leaste five poundes sterlinge in this examinats
iudgement, And this hee affirmeth uppon his oath to bee true
hee beinge aboard of the Saint Marcke aforesaid when the said Couch
did the said damage, Al aliter nescit /

Gred [MARKE, RH SIDE]
Gilberte
Signum
----
die pred

Mildman et alj contra Baldwyn)
Smith Budd)

18

debt

Richardus Bowe de Saint Dunstaines in orien London
mercator etatis 26 annoru aut eo circiter testis in hac
parte productus, iuratus, et examinatus deponit et dicit
prout sequitur videlicet/

Ad primu secundu et reliquas pred alluis ex parte Tildman et soc
in hac causa datus et admissa deponit et dicit That hee this examinate hath
knowen the arlate shippe the Lonesse and the arlate Thomas
or November
Tiddman, ever since the moneth of October 1640 within the tyme
arlate and for all into this present and for all that tyme knoweth
that the arlate Tiddman was master and is master of to the said
shippe and comonlye accounted reputed and taken to bee owner parte
owner of her, and that in or aboute the moneth of November 1640
aforesaid within the tyme arlate the said shippe and the said Toddman
safelye arrived and came to an anchor at or neere Cales in
Spaine where shee stayed to take in her ladeinge which shee afterwards
did and broughte for London and whileste shee was there hee this
examinate did heare the said Tildman saye that hee was to take in a parcell
of one master John Bransham
of liquorishe there to bee broughte therehense for London for the
accounte of one master Baldwyn to whome or to whose assigne the
her hee
same was here to bee delivered for the fraighte whereof hee was
to have betweene 28 and 30 poundes sterlinge as hee confessed to
him this examinate before the takeinge in or ladeinge of the same aboard
the said shippe and as did appeare by the agreeme to hee
the said Todd was booke
which hee keete of what goodes were laden and chose accompte to
betweene him the said Salmon and the said Brans about the
not
whome of red what fraighte was to bee a for the same and
that
said parcell of liquarishe beinge as hee heard made upp into seaventy
ut credit
and was take the booke were one the
by consent and agreement betweene him the said deman and Busse
Baham
~~~
HCA 13/57 f.158v Annotate

said
stowed in
Baham before it was laden aboard the said shippe or lest
not have
the said Tildman would undertaken to transporte or carry the said
reddens racoem s credibitatis sua in hac parte for that hee this
at the same tyme haveinge a percell of liquorishe alsoe to lade
aboard of the said shippe did treate with the said Tiddman for the
transportation thereof and his this examinats liquorishe beinge made
hee
in Cerons and potaccoes ⁁ would same have had the said Todd
to have taken laded and taken it in whole but the said Todd
told him hee coulde not doe it neither would hee undertake in
but tolde him then that hee was alsoe to have another parcell of
liquonshe of the foresaid Braham which hee muste take in
peeces before hee could lade the same aboard and that hee
anham
had soe agreed with the said Baham to doe, and if he this
examinate would doe soe to or give leave to him to doe soe then
hee would undertake to carrye the said liquarishe otherwise not
whereuppon this examinate did thereto give his consente, and this examinats
liquirishe was greene and earthie when it was laden aboard the said
there
shippe as hee conceiveth moste is when the of faste laden and as hee
heard
conceiveth the said Baldwyns alsoe way, and and accordinge to
the accounte which this examinate had from his ffactor whoe laded the said
Liquorishe aboard the said shippe for him, and the accounte which
this examinate tooke and kepte of the weighte thereof hee when the same
his this examinats hammonshe
was delivered here in London did aboute of in the weighte thereof
almoste hast halfe in halfe, as moste will and as hee conceiveth
the said Baldwyns languanshe did in case it were greene and
but newelye taken out of the grounde when it was laden aboard
as hee heard it was
the said shippe ⁁ which parcell of liquarishe was as hee conceiveth
since the arrivall of the said shippe the Lionesse from the voyage in
question safely delivered to the said Baldivyn for that hee heard
the said Baldivyn acknowledge that hee had received the same
And this hee affirmeth uppon his oath to bee true At aliter pro parte sua
nescit /

Ad Interrogatoria.

Ad primu respondet negative./

Ad secundum salvis predepoitis pro parte sua nescit /

Ad tertium respondet That hee this ext rendente did not see when the lique
in question was laden aboard the said shippe at aliter salvis predepoitis in
saveinge that for his parte hee conceiveth in case the quite monethes
bounde and corded upon faste when it came aboard it might the said said
brought to London the said shippe of waste the Master of the shipp the
the lader had soe agreed it should have done

Ad quartum refert se ad predepoita et aliter nescit /

Ad quintum pro parte sua nescit respondere./

Ad sextum pro parte sua nescit respondere
one
~~~
HCA 13/57 f.159r Annotate

159

die pred

Mary williams Mathewes de Saint Olaves in Burgo de
Southwarcke naupegus etatis 43 aut annoru aut eo circiter testis in hac
parte productus, iuratus, et examinatus deponit et dicit prout sequitur videlicet/
2

Ad primia secundum et reliquas pres allegaconis ex parte Tiddman
et sea in hac causa datus et admissa deponit et dicit That to hee this
examinate hath knowen the arlate shippe the Lignesse for the space of
above these three yeares laste paste and alsoe the arlate Thomas
Tiddman and thereby knoweth that the said Tildman hath bine
Master of the said shippe for all the tyme arlate and generally
accounted reputed and taken to bee parte owner of her and
that the said shippe within the tyme arlate was at Cales in Spaine
takeinge in of wynes and other goods to bee transported therehense
to this Porte of London amongste which goodes there were twoe
parcells of liquarishe laden aboard the said shippe one whereof was
said to belonge unto the one master Baldwyn and the other to one
master Douse the merchante of the said shippe which twoe parcells
of liquorishe came aboard the said shippe in Cerons or peticons
as they there call them which said Cerons or peticones after they
came aboard were bee taken in peeces the be and the liquarishe in
them stowed some in one place and some in another in the said
shippe as beste it could otherwise by reason of the said shipps other ladeinge
well
the said shippe could not have brought the same in th her that
voyage which was soe donne as hee conceiveth by and with the
consent or knowledge of those that had caused the same to bee
laden aboard giveinge a reason thereof for that at first when the
same came to bee was sent aboard to bee laden the masters Majesties
would not have taken the same in, but that they
and others of the said shipps companye ⁁ received a noate from the
or intelligence from the master then a shoare that they should take
the
the same in and laye ⁁ uppon the decks for a cole untill the said
shippe had taken in all her ladeinge and then the same ordinge
that betweene hin and to lade thereof it was agreed the same
to agreene xxx xxx xxxxx the handers should bee taken a peece
and stowed where they could beste doe it in the said shippe otherwise hee
would not have undertaken the transaction thereof, and that
quite which was sayd to bee the said Ballius was are
and were and to being were hee
newed and tenne daye in the said shippe the daye and bee
of the weighte thereof in the transportacon, but howe much hee
knoweth not neither doth hee knowe what broughte was to be payd
the the
and in the or of one the Peete which as are
or a greate parte thereof
after all the rest of the goods was taken out and shares by the
one of abuse afortnight of the And by hee affirmeth
were a but one
hee
~~~
HCA 13/57 f.159v Annotate

the said voyage and acquainted with the prmisses Al aliter pro parte
sua nescit deponere./

Ad Interrogatoria./ [CENTRE HEADING]

Ad primu respondet That hee was Carpenter of the interrogate shippe the
voyage interrogate and saieth that all his wages are not yet payd him
et aliter negative./

Ad secundum pro parte sua nescit respondere aliter quam predeposuit ad a
se refert./

Ad tertium respondet That the liquorishe in question was made upp in
Cerons or places and bounde aboute with small Cordes when it
firste came aboard to bee laden but some of the Cerons or
portacoes were almoste rotten and hee this examinate hath bine often uppon
voyage wherein liquerishe hath bine carried and never knewe but
in the shippes
that it was stored in carried leafe and stowed in such manner
the liquarishe in question was some in one place some in another
as would stande beste with conveniencye and not otherwise Al aliter nescit

Ad quartum pro parte sua nescit respondere salvis predepoitis./

Ad quintum nescit respondere keepeinge noe accounte when the said shippe came
into the River nor when shee was unladen nor at present remembringe
the same./

Ad sextum pro parte sua nescit respondere./

Signu [MARKE, RH SIDE]
May
Mathewes./
1
----
dicto die./

Samuel Barnes de Saint Dunstaines in orien London Cooper
etats 27 annoru aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur videlicet/

3s

Ad primu secundu et reliquas pred allegaconis ex parte Tid
et soc in hac causa datus et admissa deponit et dicit That ever
since Auguste one thousand six hundred and forty arlate within
the tyme arlate unto this presente the arlate Tildman hath bine
have and sill are
Master and hee and partners ⁁ owners of the arlate shippe the
Cinesse and within the tyme arlate the arlate shippe arrived and
came to an anchor at or neere Cales in Spaine where shee tooke in
wynes and other goodes to bee transported to London amongste which
goodes there was a parcell of liquorishe laden aboard, which was sayd
to belonge to one master Ballyn, which parcell of liquorishe when the
came firste
was faste broughte aboard the said shippe to bee laden there was
dispute amongste some of the said shipps Companye howe the said
should bee stored it beinge made upp in Cerons or price of the
there call at and the masters Majesties then aboard sayd that the
agreement betweene the laders thereof and the master whoe
then a shoare the same was to bee taken in peeces and to bee soe
here and there in the said shippe as mighte stande with most
conveninge which was afterwards accordinglye done and the said
in
~~~
HCA 13/57 f.160r Annotate

160

therewith did safelye arrive here in the River of Thames and after her
arrivall heere the same was delie all delivered out of the said shippe
into lighters or boates to bee carried a shoare the and delivere to
the said Baldwyn, some of the said Baldwynes men beinge aboard and
helpeinge to packe upp the same as it laye here and there in the
said shippe, but hee beleeveth there was some abatement in the
weighte thereof accounteinge what it weighed when it was first laden
and when it was hee delivered it beinge greene and merlye
githered and dutye when it was laden and dryed in the came
thereof, and unles the said quirishe had bine taken in peeces and
stowed in the said shippe at any in that manner of it was it will
same the
made of hee same the some of in the Peter
lefte aboard above a fortnighte after all the reste of her ladeinge was
gone and the but what fraighte was to bee payd for the same
hee knoweth not. And this hee affirmeth uppon his oath to bee true
beinge one of her Companye the voyage in question and acquainted
with the prmisses Al aliter pro parte sua nescit /

Ad Interrogatoria./

Ad primu respondet That hee was a marriner in the said shippe the
Lionesse the voyage interrogate and hath received all his wages and
otherwise for his parte hee answereth negativelye./

Ad secundum salvis predepoitis nescit /

Ad tertium refert se ad predepoita et aliter nescit saveinge the said
Cerons or potacoes were bounde aboute with laste wages when the
same came aboard to bee laden but the matts where in the same was
were some of them rotten or almoste rotten and if there had bine roome
enough to spare in the said shippe the same mighte have bine broughte
to London in the same manner as it was laden but it would have the
soe have taken a more roome then was fittinge in this examinate rendents
iudgement for such a up comoditye but hee saieth it was stowed
there in such manner as liquoishe is usually stowed in this rendents
judgement whoe forth within these tenn yeares last paste hath seene
the transportation of a greate deale of liquarishe

Ad quartum salvis predepoitis nescit /

Ad quintum can non recolit et de nescit respondere because hee doth not nowe
remember when the said shippe arrived in the River, nor when shee was
thereof

Ad sextum nescit saveinge that the laste of the said liguishe was
carried out of the said shippe from the said to the there in the shipps
boate to save the mrchants chardges

Samuel [SIGNATURE, RH SIDE]
Barnes
~~~
HCA 13/57 f.160v Annotate

die pred

Thomas Ligott de Deborna in comitatu Cant nauta annos agens
19 aut eo circiter testis in hac parte productus, iuratus, et examinatus deponent
et dicit prout sequitur videlicet/

1s

Ad prima prem et reliquas pred alluis ex parte Tedding
seccon in hac parte datus et admissa deponit et dicit That hee
this examinate hath belonged to the arlate shippe the Lyonesse for above
these 4 yeares laste paste and thereby knoweth that the arlate
Sedman and Company have bine for all the tyme arlate
and at present are owners of the said said shippe and soe
comonlye accounted reputed and taken and that within the said
tyme at Cales in Spaine there was a certaine parcells of
Liquorishe laden aboard the said shippe to bee transported to this parte
of London and here to bee delivered one of which parcells of
liquoishe was did belonge to one master Dowse but the other to
one whose name hee remembreth not both which parcells of
liquorishe were laden broughte aboard in Cerons or portacoes but
afterwards taken in peeces and stowed in the said shippe some
here some there as was moste conveniente otherwise the same
could not have bine broughte therehence in the said shippe
that voyage, and the same was soe taken in peeces as hee
heard by some of the said shipps Company saye it muste bee
done to when it came firste aboard to bee laden by agreement
betweene the laders thereof and the masters whoe otherwise would
not have undertaken the transportation thereof and what fraighte
was to bee payd for the same for his parte hee knoweth not but
saieth the said shippe with the same and departed from Cales
aforesaid within the tyme arlate and within the same tyme
safelye arrived with the same here in the River of Thames and
the same was all safelye delivered out of the said shippe into hisses
or other vesses to bee carried a shoare, And this hee affirmeth
uppon his oath to bee true beinge one of the said shippes company
the voyage aforesaid and acquainted with the prmisses Al aliter pro parte
sua nescit, saveinge parte of the sequorthe in question was greene and were the
some drye andold ad Interrogatoria

Ad primu respondet That hee was a marriner in the said shippe the
voyage in question and hath received all his wages and other was
for his parte hee answereth negativelye

Ad secundum salvis predepoitis pro parte sua nescit /

Ad octavum deponit That the liquarishe aforesaid was bounde or made the
in Cerons or portacons ut predeposuit, and the lye or bounde abord
with boards which hee conceiveth mighte soe have continued the
the said shippe had a there in the tworn case the same soe
not time taken in peeces to bee stored as aforesaid, which otherwise
1s
~~~
HCA 13/57 f.161r Annotate
1
could not have bine transported in the foresaid shippe that voyage but
hee saieth the Cerons or matts wherein the same was made upp in
were layed by the liquarishe where the same was stowed and after the
the masts againe
arivall of the said shippe here in the River of Thames made up in
in such manner as it was when it was laden firste aboard and soe
delivered out of the said shippe ut predeposuit/

Ad quartum respondet That hee for his parte conceiveth there is very little
difference in liquarishe at aliter nescit /

Ad 8 pro parte sua nescit nec ment

Ad sextum pro parte sua nescit /

Signum [MARKE, RH SIDE]
Thomas
degate/

4
----
10º Julij 1641

Sumpton et socij contra Lectland
Martyn Budd

2s

Petrus Sowne Insula de Ree infra Tembria
Regis Gallia mercator etatis 26 annoru aut eo circiter
testis in hac parte pr p productus, iuratus, et examinatus
deponit et dicit prout sequitur./

Ad prima prem alluis ex parte Lochand in hac causa datus et admissa
deponit et dicit That aboute the tyme arlate master Lenchand haveinge
given direccons to one master Cumingham to helpe him to a shippe of
the burthen of aboute one hundred tonnes the said Comingham told him of
one of aboute one hundred and fifty or sixtye tonnes but her name
hee remembreth not which the said Lee and sayd was of two bigge
a burthen for his use and therefore refused to hee he heare her
whereuppon the said Congham at the said Leezlands further
entreatye broughte the arlate Lampton to him the said Leezland to
treate with aboute the here of the shippe in question and in this
examinate presence hee heard the said Lampton, saye that his shippe was
of the burthen of aboute one hundred or one hundred and tenn
tonnes little more or lesse, and the said Lechand replyed that then
hee would here here her otherwise not And this hee affirmeth
uppon his oath to bee true Al aliter pro parte sua nescit deponere

Ad secundum refert se ad predepoita et aliter nescit saveinge that the
for the addinge
foresaid Lochland uppon the said Lamptons speeches and aver
aforesaid did heere and take the arlate shippe the William and
Ralphe to freighte for the voyage in question, takeinge her to bee
of noe greater burthen them hee was tolde shee was of which was
tonnes
of aboute one hundred and tenn as is expressed in a noate
which the said Leghand hath in a booke under the foresaid
Lamptons hande And this hee affirmeth uppon his oath to bee
said At aliter parte sua nescit/

Super reliquis prius non exatur ex direccone./

Ad Interrogatoria

Ad primu respondet That hee is servant to the producent master Lechand
(and
~~~
HCA 13/57 f.161v Annotate

in that respecte favoreth him beste but wisheth righte may taken
and otherwise negativelye./

Ad 2 pro parte sua nescit respondere aliter quam predeposuit/

Ad tertium pro parte sua nescit respondere aliter quam prius

Ad quartum pro parte sua nescit respondere aliter quam prius./

Ad quintum respondet That hee beleeveth the interrogate Lochand hath
some tymes here before taken a shippe to fraighte which hath
carried aboute 4 or 5 tonnes more then the tonnage shee was
hired for, for which hee hath willinge payd the fraighte it
beinge but a small quantitye in respecte of 40 or 50 tonnes
more then then the tonnage agreed uppon

Ad sextum pro parte sua nescit respondere./

Ad septimum respondet That as hee hath heard and beleeveth the arlate
which come
interrogate shippe was laden at Martanna by the interrogate
hee
Battalier, and alsoe beleeveth that the said Batther
woulde
mighte have pvided one hundred and tenn tonnes of goods
rather they the said shippe
to have laded the said shippe at Burdeaux in case hee had
shippe should have hee have dead fraighte
bine thereto desired and had soe done had not Martaine
said shipp
bine in the waye hee from Burdeaux home for England

Ad octavum pro parte sua salvis predepoitis nescit /

Ad nonum pro parte sua nescit respondere./

Ad decimum respondet That as appeare by the Invoy of the said same
the same to his nowe best remembrance haveinge not the wrote
aboute him coste after the rate of for want of the said Invoyce of
the said Corne hee cannott saye what the same coste or stoode
the interrogate Leghland in at Martana aforesaid her bushell
Martaine measure, but saieth to his nowe beste remembrance
the same was solde for here in London after the rate of thithe
or twoe and thirtye shillings proper quarter Englishe measure
which is after the rate of 4 a bushell or neere thereabouts
and beleeveth the said Leechand all things considered hath losse
by the voyage in question in all and not gained

Ad 11 pro parte sua nescit respondere ut dicit, haveinge never netter
bine acquainted with the deliverye of Corne that came out
of ffrannce before the Corne in question./

Ad duodecimum pro parte sua nescit respondere, saveinge what hee hath
heare the master of the said shippe saye since his returne for
England and since the beginninge of this suite. /

Ad 13 non concernt hu rendentem./

Ad quartodecimum respondet That after the Corne in question was delived
here in London the all interrogate Lampton comeinge to the interrogate
Lee and for the fraighte thereof the said Laughland willed him tp
goe and reason with this rendente what it came is, but gave
(him this rendent
~~~
HCA 13/57 f.162r Annotate
162

noe order then to pay him the fraighte, but onelye to reckon with
him and caste upp what the fraighte came to, and then this
said
rendente and the Lampton reasoninge aboute the fraighte hee
tolde the said Lampton that hee thoughte in wason hee should
bee payd for as much corne as hee had taken in accordinge to the
french measure but not otherwise Al aliter pro parte sua nescit/

Ad 13 non concernt huis rendentem./
----
dco die./

one
die pred

Josephus Battailhey de Burdeaux in Regno Gallio
mercator etatis 32 aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit prout sequitur./

Ad quintu prem alluis ex parte Lechland in hac causa datus
ye or hee
aboare at London in ffrance this examinate asked the master pf
her what burthen the shippe was of whoe tolde him that shee was
of the burthen of aboute one hundred and tenn tonnes and
thereuppon this examinate haveinge direccon from the said arlate
master Lechland to lade aboard the said shippe one hundred
and tenn tonnes of Corne willed the master of the said
shippe to carrye her to Mortama where hee had pvided
one hundred and tenn tonnes of Corne to lade her, and hee this
examinate would goe theither and give order for the ladeinge of
the same which hee accordinglye did and lefte his man there
to see the said Corne laden and this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad sextum deponit et dicit That within a fortnighte after the arlate
shipps arrivall at Matama aforesaid the foresaid one hundred and
tenn tonns of Corne as hee was advised by his man whome hee lefte
there to see the same laden, was laden aboard the said shippe
And this hee affirmeth uppon his oath to bee true Al aliter pro parte
sua nescit/

Ad septimum deponit et dicit That after the said 110 tonnes of Corne were
laden aboard the arlate shippe or when it was almoste all
laden his mann in this examinate man whome hee had lefte to see
to the ladeinge thereof writt him woode that the said shippe was
the Willmj and Ralphe was of a greater capacitye of them or
a hundred and tenn tonnes, and that the master would not
therehence
budge or store with his shippe untill hee had his said shipps full
ladeinge And this hee affirmeth uppon his oath to bee true
At aliter pro parte sua nescit saveinge that thereuppon this examinate did
roade p tonnes more of wine more Burdeaux measure to lade
aboard
~~~
HCA 13/57 f.162v Annotate

aboard the said shippe by meanes whereof the said shippe to the
or damage
losse of the said Leechland stayed there in damage by the space
of neere aboute a moneth all which had bine prevented it
the said Lampton the Master of the said shippe had bine with
to have bine departed and bine gone with the foresaid one hundred
and tenn tonnes as hee mighte have done /

Ad duodecimum deponit That hee this examinate was enforced to take upp
money uppon Exchange to provide the residue of the Corne
some
over and above one hundred and tenn bushells which the voyage
question was laden aboard the said shippe for the said Leechland
accounte the chardge whereof was putt to the said Leechland accounted
And this will redounde to the said Leechlands damage as it full out
And this hee affirmeth uppon his oath to bee true At aliter nescit /

Ad quartodecimum deponit et dicit That the damage or losse which the
arlate Leechland the voyage in question sustained came first
by reason of the master of the said shipps averringe the shippe
to bee of lesse burthen then shee was and afterwards in stayeinge
thereby for her full ladeinge which hee needed not to have
done if hee would have have departed and bine gonn with
one hundred and tenn tonnes as hee mighte have done
And this hee affirmeth uppon his oath to bee true At aliter p
parte sua nescit

Ad quintodecimum deponit et dicit That there was in all laden aboard
the arlate shippe the William and Ralphe at Mortayne arlate
twoe hundred thirtye, thousand, three hundred, seaventye and
one and a halfe quarter measures of Martyn Corne
mortayne measure and fifteene and a halfe quarters
mortayne measure makes twentye bushells Burdeaux men
measure which is generally accounted a tonne soe that the
whole quantitye of Corne laden aboarde the said shippe the
for master Leechlands accounte
said voyage did amounte unto one hundred and fifty this
tonnes Burdeaux measure, And this hee affirmeth uppon his
oath to bee true At aliter pro parte sua nescit /

Ad 17 deponit et dicit That in case any damage happened
came to the arlate shippe in goeinge in or comeinge out of the
arlate Creeke the same soe happened or came by reason of
the said shipps bignes shee beinge of bigger burthen then one
hundred and tenn tonnes reddens racoem for that hee hath
knowen shipps of the burthen of one hundred and to but
that have safelye gone in and out there without any longe
or hurte at all And this hee affirmeth uppon his oath to
bee true At aliter pro parte sua nescit /

Super reliquis non exatur ex direccone./

Ad Interrogatoria
~~~
HCA 13/57 f.163r Annotate

163

Ad primum respondet That hee was the interrogate Lectland ffactor
the voyage in question for the ladeinge of the Corne in question
and wisheth righte may take place otherwise negativelye

Ad secundum pro parte sua salvis predepoitis nescit. /

Ad tertium pro parte sua nescit respondere./

Ad quartum salvis predepoitis pro parte sua nescit respondere./

Ad quintum pro parte sua nescit /

Ad sextum refert se ad predepoita et aliter pro parte sua respondet negative

Ad septimum respondet That the arlate interrogate Lampton with his shippe
stayed at Burdeaux by the space of six or seaven dayes in which
tyme this rendente spoake to him to goe to Martaine tellinge
him that the Corne there was better and cheaper them at
Burdeaux, and the said Lampton was thereuppon very willinge soe
to doe and did presentlye condiscende thereto for otherwise this
examinate had and could have provided ladeinge to the quantitye of
one hundred and tenn tonnes to have laded the said shippe with at
London and this side the the the said soe the
have departed therehense deade fraighted et aliter pro parte sua
negative.

Ad octavum refert se ad predepoita et respondet That the article interrogate
shippe stayed in all by the space of 7 weekes before shee was cleere
but by the Masters faulte or meanes ut predeposuit/

Ad nonum refert se ad predepoita et respondet That hee gave this
rendente gave order to his man whome hee intrusted and lefte
at Martaine to see the deliverye of the foresaid one hundred and
tenn tonnes of Corne aboard the said shippe, to send the said shippe
awaye therehence when that Corne was laden aboard and soe
hee beleeveth hee had done if the master would then have bine
gone

Ad decimum respondet That the interrogate Leechlands Corne laden aboard
the interrogate shippe the voyage in question at Martaine aforesaid
coste and stoode the said Leechland in all chardges accounted the
betweene six and
firste pennye five livers and eighte sould proper bushell
Martaine measure which in Englishe moneye is after the rate of
sterlinge
tenn shillings and eighte pence ⁁ a bushell mortaine measure
At aliter pro parte sua nescit. /

Ad undecimum pro parte sua nescit. /

Ad duodecimum nescit.

Ad 13 pro parte sua nescit respondere saveinge that this examinate heard by
his man interrogate that the master of the interrogate shippe the
voyage in question did by buy some Corne of him at
Martaine aforesaid and the interrogate schedule hee beleeveth
in his said mans hand writeinge but did not see him write
the same.

Ad quartodecimum non concernet huis rendente
~~~
HCA 13/57 f.163v Annotate

Ad quintodecimum et sextodecimum refert se ad predepoita qua credit esse vera
aliter pro parte sua nescit nes concernt huc rendentem

Joseph Balailhay [SIGNATURE, RH SIDE]
----
die pred

Lante et Lante contra Shawe
Yeo Smith

3s

debt

Nicholaus Peate de Saint Saviours in Burgo de
Southwarcke waterman etatis 30 annoru aut eo circiter
testis in hac parte productus iuratus, et examinatus deponit et
dicit prout sequitur videlicet/

Ad prima prem alluis ex ex parte Shawe in hac causa
datus et admissa deponit et dicit That hee this examinate hath used
the sea for the space of these twentye yeares last paste and
for all that tyme hath knowen and observed it to bee a generall
use and custome amongste merchants and masters of any
shipps to allowe the marriners theire Cabons free for the
transportacon of any goodes without any fraighte for the same
And soe much hee beleeveth is well knowen to moste mrchants
that use any tradeinge Al aliter nescit /

Ad secundum deponit et dicit That for his parte hee conceiveth noe
master or merchante will gaine saye or forbidd a marriner the
braighte froe
transportation of a quarter or halfe a tonne of goodes in h shippe
wherein hee sayeth sayleth of unles shee bee of very small
but under the burthen of one hundred tonnes
burthen ride besides what hee carrieth in his Cabon or Cheste
because thereby such marriner is the better incouraged to defende
the said shippe in case of Dannger offered

Ad tertium deponit That hee this examinate served twoe voyage in the
arlate
arlate shippe the Ambrose wherein the said Shawe both voyage
served and in the firste of those voyages outwards bounde the
said Shawe carried two peeces of stuffe and twoe dozen
paire of men women and Childrens stockings and noe other
goodes to his knowledge and homewards bounde, twoe small runde
of wyne and twoe small Casks of raysons of the Sunn and in
the seconde of the said voyages outwards bounde of six small
rolls of tobaccoe of aboute 4 or 5 poundes a peece, and homeward
bounde one butt of wyne, which was put upp into xxxx quarter
fower
Casts and to the quantitye of five barrills of fruite of aboute
2 and halfe and three aroves a peece, each arove containeinge
neere aboute 25lb weighte Al aliter pro parte sua nescit /

Ad quartum deponit That all the goodes out which the said have
both the foresaid voyage, carried outwards bounde in the said shipp
were carried in the said Shawes Cabon and Cheste and soe
were the goods which hee broughte homewards bounde the firste
of
~~~
HCA 13/57 f.164r Annotate
164

firste of the said voyage, and those which hee broughte home they
second of the said voyages were stowed xx xxx xxx xxxx ther
twoe of the foresaid quarter Casks were stowed under the said shares
Cabin and the other twoe at firste under the boatswaynes Cabon but
which were afterwards by and with the consente of master Peach the
shippe
Master of the said after the merchants goodes were all aboard
taken and layde in the Lazaretto where one of them the said voyage
was quite leaked out for want of lookeinge to ut credit, and
the fruite aforesaid was alsoe stowed in the Lazaretto by the masters
consente where an and one of those parcells of fruite was there
spoyled for wante of lookeinge to the said voyage ut credit the
Master and the said Shawe fallinge out the said voyage and
the master afterwards not suffered as permittinge the same
goe into the Lazaretto to looke after his goods, And this hee affirmeth
uppon his oath to bee true shoe sawe the the stoweingee of the said
severall goodes Al aliter pro parte sua nescit, saveinge that none
of the said Shawes goodes were any hindrance to anye of the
merchants goodes neither did the said Page make any complainte or ⁁
sayd
that the anye of the merchants goodes were lefte behinde or suffered
thereby

Ad 5. 6. et 7 refert se ad predepoita et aliter pro parte sua nescit /
saveinge this examinate sawe when the said Shawe fetcht awaye
his goodes from aboard the arlate shippe and then neither the
merchants nor yet the master for that nor any other to his
knowledge demannded or asked any fraighte for the same
And this hee affirmeth uppon his oath to bee true./

Ad Interrogatoria. [CENTRE HEADING]

Ad 1 respondet That hee was one of the interrogate shippe Companye
the voyages before expressed and was hired by the master of her
master Peach and hath At aliter nescit./

Ad secundum refert se ad predepoita et aliter nescit /

Ad tertium respondet that hee beleeveth it is to bee accounted a gratuititye if a
marriner lade goodes betweene deckes or in a shipps holde both have
the same fraighte free of they bee of any greate vallue it to bee accounted
a gratuitye and not a custome

Ad quartum pro parte sua nescit respondere./

Signu
Nichi
Peate./
~~~
HCA 13/57 f.164v Annotate

1º Julij 1641

Pro nave the Dorothie
de Woodbridge

Rp. G:E:

Stephen Puckell of Colchester in the Countie of Essex merchant aged 45
yeares or thereabouts sworne before the worshipfull William Sames Doctor
Lawes Surrogate to the right worshipfull Sir Henry Marten Knight Judge of this
Maties high Courte of the Admiraltie beinge exaied saith and deposeth
followeth videlicet

That hee this exaiate about the second of May last past
at Rotterdam in Holland did buy for the Accompt of himselfe and Company
a certaine herringe Busse of the burthen of three and twentie laste and
thereabouts of one Marinus Temisse of Delfeshaven merchant which
busse by the order and direccon of him this Examinate and Company was
afterwards builte upon and converted into a Pincke an at
Rotterdam aforesaid and shee is nowe of the burthen of about six and
fortie tonne English, and in length from some to sterne thir hee foote
or thereabouts and about nine foote deepe in holde and she is nowe
and wood and the
a voyage to Newcastle and one Richard Knight is to goe master of
her and she doth nowe solelie and propperlie belonge to him this
Exaiate who hath an eighth James Hawes who hath a Quarter xpof
Paine Gent who hath a Quarter Nicholas Stanton who hath an
eighth Daniell xxRay who hath an eighth and one widdowe Boggis
aforesaid
who hath an eighth thereof and hee this Exaiate and Companie are
all English borne and Subiects to the Kinge of England
and noe fforraigner or Stranger hath any interest therein And
this hee affirmeth upon this oath to bee true./
xxxx xxxxx
die pred.
Daniell Ray of Ipswich in the Countie of Suffolcke Gent aged 48
yeares or thereabouts sworne and examed as aforesaid saith and deposeth
That hee this Exaiate and Companie did in the moneth of Aprill last
past give order and direccons to his prcontest Stephen Puckell to buy
for the accompt of him this Exaiate and Companie a certaine herringe
Busse of the burthen of three and wentie laste or thereabouts and that
he the said Puckell shoulde builde upon the said Busse and convey
the said Mbell
the same into a Pincke, which hee according to his said direcconed
given him did and builte her in Rotterdam aforesaid, and the said Busse
whereupon shee was first builte accordinge to his said direccons the
bought of one Marinis Temisse at Rotterdam aforesaid, and hee
by the direccon of the his said prcontest Stephen Puckell the
said Pincke was afterwards brought into the River of Orewell
neare Ips which and from thence the said Exaiate and Companie
have sent her foorth upon a voyage to Newcastle and have
imployed one Richard Knight to goe master of her and she of
the burthen of six and fortie Tonne or thereabouts in length from
steeme to sterne thirtie foote or thereabouts, and about nine foote
done in holde, and shee is nowe called the Dorothie of Woodbridge
and shee nowe solelie and propperlie belongeth to him this Exaiate
who hath an eighth and pofer tonne, who hath a fowerth James Hawes
had
who hath a fowerth Nicholas Stanton who and eighth Stephen Parker
who hath eighth and to one widdowe Boggis, who hath an
eight and hee this Exaiate and Company are all Subiects
the things of England and noe fforrainer or Strainger hath
any interest therein. And this hee affirmeth upon his oath the
true

Dan: Raye [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.165r Annotate
said

13o Julij 1641

Cxxxxx navem)
the Thomas)

1s

Rp. E.B

Charles Crofts de Saint Dunstaines de Easte London merchante
ironmonger aged aboute 30ty yeares sworne before the worshipfull William
Sames Doctor of Lawes and Surrogate to the righte worshipfull Sir Henry
Martyn knighte Judge of his Majesties highe Courte of the Admiralty beinge examinate
saieth and deposeth

That Alice Pellin widdowe liveinge
the parishe of Saint Dunstaines aforesaid was a parte owner of at a certaine
shippe or vessell called the Thomas of London of which one son
Machell all Martyn was alsoe port owner and master unto
latelye deceased was
of a 6th parte Edward and Edward fitt hereto Sr Sim
Everen and Mary hale all of Lewch in the County of Sciffs
were alsoe parte annes of the said shippe or vessell or
aboute fortnighte since hee this examinate at the requeste of Sun
Martell aliter Martha the newe of the aforesaid J M
s Mackell of Marke dred
the steere
wante donate to the foresaid ffuthe bente, Etende and Hale
to aboute a fortnighte since this examinate haveinge before that
heard that a certaine shippe or vessell called the Thames
to London of which one Simon Marshall was master was
uppon the Coaste of Ireland caste awaye and laste but
to the hee said at
seeinge an eye which hee was were all
ownes of the said Vessell did at the requeste of the wife of the
said \Simon Matchells csalled Elinor Matchell write to
one master Edward ffitzherberte master Simon Evernden and mrs
Mary Hale all Inhabitants and dwellers at Lewes in the
Countye of Norfolk Sussex parte owners of the said shippe or
vessell to give power or leave to her the said Elinor Machell to
to looke after and seake to recover what was saved of the or
belongeinge to the foresaid vessell, and did alsoe uppon the 30th
or laste daye of June laste procure Mrs Alice Pettygrace of
the parishe of Saint Dunstaines aforesaid widdowe an owner of a 4th
parte of the said vessell to subscribe a noate to the effecte
aforesaid which noate was afterwards menced and put into his his
noe
Pilte aforesaid and sent to the house any whoe as hee
noeth did afore saile the same by the said Wilson
had formerlye done, and they returned the said write backe
againe to him that the rate was for moste his
directed them the examinate and they the foresaid tyme that
Evenden and Hale hee saieth by vertue of his oath were parte
or willinge before
owners of the said vessell at the tyme of her settinge out to tenn
that voyage in which shee was caste awaye and as hee hath heard
and beleeveth the foresaid Simon Machell the master of the said
another
vessell was alsoe parte owner of her and this hee affirmeth
uppon his oath to bee true./

Charles Croffs [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.165v Annotate

die pred

Concernon navem
the Thomas

2s

Rs. E. B

George Hudson of the parishe of Saint Olaves Southwarcke for
marriner aged aboute 34 yeares sworne and examined aforesaid
saieth and deposeth as followeth videlicet

That hee this examinate did
verie well knowe a certaine shippe called the Thomas of London
of which one Simon Mashell was master and reputed parte
owner and did verye well knewe the said Simon Max Mashell
September
and aboute Christmas laste hee this examinate beinge then at
Dublyn in Ireland sawe the said shippe there in the harbour and
spoake with the said Mashell the master of her, and then the
upp
said vessell beinge taken ⁁ for the Kings service to carry powder
and other municon from Dublin to King Knockfergus knockfergus
in Ireland and from thence backe to returne backe againe to
Dublyn did as hee hath heard saile to Knockerurgus aforesaid
and there make a safe delivery and safelye returned backe againe
to Dublyn and there as hee alsoe heard tooke a fraighte of ye
Wyborne for some parte or place in ffrannce in her passage
but Et
outwards aboute seaven or eighte howers next after her departure
the said shippe aboute weekelye heade seaven leagues from Dubt
out of the said harbour uppon that imployment was caste awaye
and perished in the sea and all her Company excepte one
boye called John ffea drowned but some parte of her tackle
and furniture saved And this hee affirmeth uppon his oath to bee
true whoe spoake with the said boye presentlye after at Dublin
aforesaid aboute a fortnighte after the casteinge awaye of the said
shippe and knewe him to bee one of those that did belonge to the
said shippe and sawe him have some of the master of the
said shipps clothes and on him which hee very well knewe to bee the
said masters clothes

George Hudson [SIGNATURE, RH SIDE]
----
13º Julij 1641

ffoote contra ffaireweather)
Budd Martyn)

j

Thomas Chapman de Gipcica in Comitatu Suffe nauta
etatis 45 annoru aut eo circiter testis in hac parte productus
iuratus, et examinatus deponit et dicit quod Johem fforte examinatus
producentem proper spatiu quator annoru aut eo circiter ultimum dept
ut
bene novit dicit et Carlu ffaireweather partem contra quam
productus proper spacia viginta annor at ultimum etaps et ad beene
ut dicit./

Ad primia secundu et reliquos articulos libelli ex parte fforte in that
causa datus et admissa deponit et dicit That for all the tyme arlate
and untill or aboute the beginninge of September Anno 1648 hee
this examinate was master and parte owner of the arlate shippe the said
Contente and soe comonly accounted reputed and taken and soe
~~~
HCA 13/57 f.166r Annotate
166

was and continued from the tyme that shee was builte untill that
tyme, and by and with the consent or goode likelye of all or the
maior parte of the reste of the owners of the said shippe and
within the tyme arlate the said shippe was and remained at
Limbricke in Irelande, and whileste shee soe was and remained
there hee this examinate the then master of her standeinge in neede
or want of some monies to fitt and repaire the said shippe to goe
to sea and to pay his Companies wages was enforced to speake
to and entreate the arlate John ffoote to send him some money
for the uses aforesaid whereto the said ffore consideinge this examinats
what straighte
necessitye and seeinge in what freighte suite hee was in
did theire him this examinate with the same of twentye eighte
pounds sterlinge to supplye his wants aforesaid, which said 20£
was reallye and truelye disbursed and expended and layde
but by him this examinate in and aboute the repaireinge amendinge
and fittinge of the said shippe out to sea with such necessanes
as shee wanted and stoode in neede of and towards the payment
of his Companyes wages, And this hee affirmeth uppon his
oath to bee true At aliter nescit /

Ad Interrogatoria./ [CENTRE HEADING]

Ad primu Interria respondet That hee had noe say order as is
interrogate from his owners et aliter negative salvis predepoitis

Ad secundum respondet negative that the interrogate shippe at her departure
the voyage in question./
from this porte of London was not well and sufficientlye victualls
and provided with necessanes fitt to have sailed into ffrannce
neither was shee then at that tyme theither intended

Ad tertium respondet et refert se ad predepoita et aliter negative

Ad quartum et quod refer se ad predepoita et aliter nescit respondere/
which hee is Masters Mate
for parte of his shipps booke which is at presente aboard of the
shippe nowe at Blackwall outwards bounde read and reade
with the firste ffaire wynde to sett saile, were five shippe

Ad quintum deponit et dicit That hee this rendente for his parte
beleeveth that hee is not lyable or oughte to repaye the foresaid
monye to the interrogate ffoote in respecte the same was taken
upp to and for the foresaid shipps use and reallye and truelye
imployed and layd out ut predeposuit and in case hee should
this Cause the rate at an untill

Ad sextum respondet negative./

Thomas comitatu [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.166v Annotate

14º Julij 1641

James Trappam of Margett in the Countye of Kente
marriner aged aboute 30 yeares sworne before the worshipfull master
Clarcke Doctor of Lawes and Surrogate to the righte worshipfull
Henry Marten knighte Judge of his Majesties highe Courte of the

Admiralty being examined saieth and deposeth
That aboute the
moneth of May laste paste one John Buggs of Margett aforesaid
marriner was imployed and sent over to Ostende in fflannd
to buy a shippe or vessell there for the use and accounte
master John Bancks, master William Sumner, and others theire
Buggs
partners and accordinglye the said Tatam as hee tolde him
this examinate and as hee this examinate in his conscience beleeveth did goe
over to Ostende aforesaid and did there for the use of himselfe
and partners aforesaid buy a certaine ffisherboate of the
burthen of aboute fifty tonnes, which hee broughte over from
thence into the River of Thames where the same is at
presente and that vessell is nowe under the Carpenters
hands in repaireinge and fittinge for the sea and is fflemishe
builte and doth solely as hee beleeveth solelye and properlye
belonge and appertaine unto the foresaid Bancks, Sumner
Buggs
him the said Bxxxx and partners whoe are all Englishe men
and subiects to the Kinge of Englande and Inhabitants and
dwellers in and aboute Margett aforesaid and noe strannger or
fforrainer as hee beleeveth hath nowe any intereste in the said vessell
with them And this hee affirmeth uppon his oath to bee true./

James Trapham
----
die pred

John Buggs of Margett in the Countye of Kente marriner aged
29 yeares sworne and examined so as foresaid saieth and deposeth

That noe aboute the beginninge of May laste paste hee this
examinate was imployed and sent over to Ostende in fflannde
to buy a shippe or vessell there for the use and accounts
by master John Bancks, master Willm Sunner, Edward
and Thom
Witted, John John John Johnson and still and Lavinge
to be a shippe or vessell there for the uses and accounts
⁁ and that uppon or aboute the 18th daye and Maye after
for the use of the foresaid parties and himselfe did there
he this examinate at Ostend aforesaid did buye of of one John
de Maske a certaine vessell of the burthen of aboute the
tonnes of aboute 34 foote by the Keele aboute 14 foote broade
and aboute before deepe in holde, and the coste him the said
and fflemishe builte
were seaventeene hundred gildes, and is nowe in the River of
Thames at a Carpenters yarde in repaireinge and fitting to goe to
(sea
~~~
HCA 13/57 f.167r Annotate
167

sea, and dothe solelye and properlye belonge and appertaine
unto the foresaid parties and him this examinate videlicet a sixte parte
to each partie, and they are all Englishmen and subiects to
the Kinge of England and Inhabitants and dwellers in and
aboute Margett aforesaid and noe strannger or fferramer hath
he any intereste with them in the said shippe and shee is nowe
called the Speedwell and intended for Newcastle for coales
as soone as shee is fitted and this examinate to goe master of her
And this hee affirmeth uppon his oath to bee true./
John xxxxx
----
15º Julij 1641

Lampton contra Leechland)
Martyn Budd)

Henricus Jones servus et apprenticius William
Leechland parts producen etatis 19 aut eo circiter testis
in hac parte productus, iuratus, et examinatus deponit et
dicit prout sequitur./

Ad prima prem alluis ex parte Leechland in hac causa datus et
admissa deponit et dicit That hee this examinate liveinge with the arlate
Leechland was one daye aboute the tyme arlate present when
Matt Comingham his the said Leechlands Broakee imployed for the
provided of a convenient shippe for him came to the said Leechland
and told him of a shippe which the said England of her sayd
to fraighte
mighte have ⁁ if hee would but the name of that shippe or
her burthen hee remembreth not but saieth the said Cobbingham
told the said Leechland the same and Leechland replyed that
hee would not have her because shee was to bigge for his use
At aliter pro parte sua nescit /

Ad secundum deponit et dicit That at or aboute the same tyme when
the arlate shippe was lett to fraighte to the arlate Leigh and
by the arlate Lampton the master of her th hee this examinate beinge then
presente did heare the said Leechland aske the said Lampton of what
he burthen his shippe was of whereto the said Lampton answered
that his shippe was of the burthen of one hundred one hundred and
tenn tonnes or thereabouts and not above and thereuppon the said
as hee conceiveth
Lechland did agree with him for the fraighte of her, and that shippe
was called the William and Ralphe And this hee affirmeth uppon
his oath to bee true At aliter pro parte sua nescit deponere./

Ad quintum deponit et dicit That the arlate Leechland was after hee had
agreed for the arlate shippe with the foresaid Lampton conceiveing
her not to bee of the burthen of above one hundred and tenn tonnes
in thereabouts did write to his ffactor at Burdeaux that hee had
sent him a shippe of the burthen of aboute one hundred and tenn tonnes
which hee willed him to lade for his accounte Al aliter nescit /
~~~
HCA 13/57 f.167v Annotate

Ad decimum nescit deponere saveinge that as hee heard it generall
reported Corne was dever aboute a moneth before the arrive
of the arlate shippe to this Porte of London with the Corne
question then it was at that tyme when the said shippe arrived
here

Ad primum pro parte sua nescit deponere, saveinge that hee beleeveth
the arlate Leechland hath suffered losse and damage in his
Corne broughte to this Porte of London the voyage in question
more then hee had don in case the said shippe had arrived heere
for the reason aforesaid
as a moneth sooner then shee did but howe to est mate the sayd
hee knoweth not./

Ad sextodecimum pro parte sua nescit deponere./

Super reliquis non exatur./

Ad Interrogatoria./

Ad primu respondet quod equa favet ptibus litigan et optat
victoria ius haben et aliter referend se ad predepoita respondet
negative./

Ad secundum 3. 4. 5. 6. 7. 8. et nonum salvis predepoitis pro parte sua./
nescit respondere, saveinge that hee heard the interrogate Lampton
saye that his shippe had formerlye carried Corne or brought
Corne from Holland or some other place that waye to England
and that shee was fitt for that imployment, and hath knowen
when the nater Scotland hath pay from fraighted for came
of goodes broughte home to London in a shippe which hee hath
taken to fraighte more the tonninge agreed uppon all
and might bee accounted
because it was accounted but a small quantitye but a and about
the tonnage agreed for

Ad decimum nescit respondere salvis predepoitis ad qua se refert

Ad undecimum nescit respondere ut dicit. /
Lampton

Ad duodecimum respondet That hee hath heard the interrogate Xxxxxxx
since xxxx his comeinge home
toward
sayd ⁁ that his shippe was dampnified by goeinge not not at the
Creeke x Mortaine at aliter pro parte sua nescit /

Ad tertio decimum 14. et 15 non concer huc rendenterr/

Henry Jones [SIGNATURE, RH SIDE]
----
17º Julij 1641

Bushell contra Bushell
Smith Budd

1s

debt

Georgius Margetts de Saint Dunstaines in orien London ironmonger
etats 45 aut eo circiter tests in hac parte productus iuratus et
deponit et dicit prout sequitur videlicet /

Ad primu secund et relique are allegacon in hac parte
(deponit
~~~
HCA 13/57 f.168r Annotate
168

deponit et dicit That in the yeares arlate videlicet 1637 et 1650 the
for throwdes made stayes was ordinanlye and usuallye
beste serve of Cordage there in London was ⁁ solde for after the
rate of 32 p hundred weighte Cordage of halfe Rxxx and
halfe Rusland hempe at 27. and 28£ proper hundred weighte and
and Rusland alone at 126 p hundred into
Rushia Cordage as made here out of Rushia yarne after the
rate of 24s proper hundred weighte And this hee affirmeth uppon his
oath to bee true hee this examinate for the space of above these tenn
yeares laste paste tradeinge in those handes of comodityes and
haveinge within the foresaid tyme solde a greate quantitye of
and at the saile case
the same sortes of Cordage ⁁ before by him deposed of Al aliter
pro parte sua nescit /

Ad Interrogatoria

Ad primu respondet That hee this rendente to his knowledge did
never soe the Cordage in question nor any parte thereof and
therefore cannot tell of what sorte or kinde the same was of

Ad secundum respondet quod refert se ad predepoita et ulterius that there
is some sorte of or kinde of Cordage which is made of olde
roapes or Cables which is not accounted to bee worth above
14 or 15£ a hundred were or thereabouts Al aliter nescit. /

P me George Margetts [SIGNATURE, RH SIDE]
----
20º Julij 1641

Barby et alj cona senor
Martyn
1s
debt

Petter Tovars of Allonson in Normandye aged aboute
28 yeares sworne before the worshipfull Willmj Sames Doctor of
Lawes Surrogate to the righte worshipfull Sir Henry Martyn knighte Judge
of his Majesties highe Courte of the Admiralty of England beinge examined
saieth and deposeth

That for the space of for five yeares togeather
untill the or aboute the moneth of December laste parte hee this examinate
did reside and live at Dorchester and other places neere thereabouts
were bymouth
with one master Thomas Dashwoode a merchante of Dorchester and
did often tyme freement and goe to Weymouth and
in that tyme hee came to the knowledge of one master Cooke the
of Weymouth in the County of Dorsett lately and of the
Aldermen of Weymouth whoe as hee this examinate was conformed by some
of Weymouth that went of the said Luckers as maritan hee
the said looker was then then to hee
this examinate conceiveth was a man much dayed in his suite and
in a declaweinge waye and within these this who laste paste
hee hearde
uppon the Royall exchange London by same that knewe the said
Locker that hee was goeinge over beyonde the some to the Barbadoes
sawe such place and that his somes were gone before and
hee suddenlye to followed after beinge in Companye hath some of
Weymouth and seeinge a man passe by asked what hee was
beinge often in Companye on Melcombe side and seeinge and master
Lockyer on Weymouth said
in master as asked what hee was and was told that hee
(was
~~~
HCA 13/57 f.168v Annotate

was and Alderman of Plymouth, but was much decayed in his
and in a declineinge waye, and that hee did not therefore
walke abroade soe often as hee would otherwise have donne and
within this weeke hee this examinate was tolde uppon the Exchange
whoe
London by a Weste Country man that th as hee sayd knoweth
said Lockyer that hee the said Lockier was goeinge or preparing
Jonson
to goe over beyonde sea and that his sonnes were gone but
goeinge before made hee to forthwith to follow after downe
from hence to Weymouth were the shippe laye that was to
er
carrye them awaye which Lockyer as hee this examinate is is
is nowe proffered to bee a suertye in this cause And this hee
affirmeth uppon his oath to bee true./

Peter Thomas [SIGNATURE, RH SIDE]
----
die pred

2s

debt

Nicholas Donevill de of haver de grace in ffrannce merchante
aged 26 yeares sworne and examined as aforesaid saieth and
deposeth

That yesterday hee this examinate went to Westminster
and in Westminster hall spoake with one master Dennis Bond
one of the Burchesses of Dorchester one of the Burgesses
of the Parliamente and askeinge of him wheither hee knewe
one master John Lockyer the elder of Weymouth in the Countye
of Dorsett merchante and what of what estate or abilitie hee
was of the said Bond told him that hee was a man of
advised him
worth noethinge and advised this examinate therefore not to accepte
of his bayle in any cause, and this daye at the Exchange
London enquireinge further after the said Lockyer hee was told
by some that knewe him as they sayd, that hee was goeing
over beyonde sea, either to the Barbadoes or Saint Christophers
or some places thereabouts and that his sonne or his some
were gon downe to Weymouth from Weymouth whence they
came in pursuite of the same ⁁ voyage theire father was
to goe uppon and that hee was suddenlye to follow after and
that the said Locker either had or was aboute to buye containe
cases of stronge waters to carrye alonge with him, and yeste
meeteinge with one master Henrye Sweete uppon the Exchange
London and askeinge of him wheither hee knewe one master
Simons a xxx Vintner at the in black ffryers the said Sweete
told him this examinate that hee knewe him, and then this examinate
askeinge of what abilitye his was the said Sweete told him the
hee thoughte him not to bee a mann of any greate estate
and that if hee were to sell them wynes hee would have ready money
~~~
HCA 13/57 f.169r Annotate
169

for the same or goode securitye otherwise hee would not
deale with him, and this examinate tellinge the said Sweete that the
accon, which was comenced againste that partie for whome the
said Simons would became bounde was 2000li, and that hee
was formerlye bounde for the same Courte to another
master
man aboute the same busines in one thousand poundes hee
sayd it was a greate deale of money and that hee would
not accepte of his baile for soe much in case the busines were
his And this hee affirmeth uppon his oath to bee true./

Tham Allnsull 1641 [SIGNATURE, RH SIDE]
----
21º Julij 1644

Cutberdsey contra Penniston
etatis Budd Martyn

3s

debt

Johannes Smith de Saint Gregories ppe Paul
London Lynnen draper etatis 42 aut eo circiter
testis in hac parte productus, iuratus, et examinatus deponit
et dicit prout sequitur videlicet

Ad 5. 6. 7 et 8 respective pres alluis ex parte Penniston et
soc in hac causa datus et admissa deponit et dicit That uppon
or aboute the arrivall of the shippe the Richard and Anne
Richard Ingle master, in the River of Thames from the voyage
in question with the tobaccoes in question in her, hee this examinate did
receive a letter from the arlate John Lewger dated at Saint
the 15th in Marche 1640 where
Mannes arlate ⁁ it is conceived the said tobaccoes were laden aboard the
foresaid shippe, and a bill of ladeinge of the tenor of the
and bill of ladeing
firste schedule arlate by which letter it did and doth appeare
that the said tobaccoes were engaged to the merchante of that
shippe for the payment of 274£ 10s downe by bill of Exchange
chardged uppon him this examinate and others in case they would
hee or
accepte of the tobaccoes and paye the some which hee was
oughte to him for comodityes and servants which hee had
received and had of him that voyage to supplie his wants but
in case hee or they to whome hee had consigned the said
tobaccoes by bill of ladeinge would uppon the arrivall of the
said shippe with the same here at the Porte of London
accepte of a bill of Exchange which hee had drawne uppon
Captaine Thomas Cornewallis Esqr, master Edward Harris mrchante
and him this examinate paye the foresaid 274£ 10s and the fraighte
accustomed
primage and average and the Customes and other chardges
doe due uppon the same
thereuppon die that then to hee or they the were to have
and receive the said tobaccoes otherwise not, and after the arrivall
of the said shippe in the River of Thames the master and or
(others
~~~
HCA 13/57 f.169v Annotate

others whome as hee conceiveth it did concerne came to be
this examinate and the asked of him whether hee would accepte
of and paye the bill of Exchange drawen uppon him but
the foresaid Longer and paye the money due uppon the
or not, but
same and receive the tobaccoes in question hee this examinate
coods conceiveinge there was put charged uppon the said tobacco in the of
refused the same And this hee affirmeth uppon his oath to
bee true At aliter nescit saveinge that hee this examinate is
acquainted with the said Lewgers hand writeinge and thereby
conceiveth the said schedule to bee written with the proper hande
writeinge of the said Lewger

Super reliquis prius non exatur./

Ad Interrogatoria./

Ad primu respondet That hee cometh to bee examined in this
cause at the requeste of one whome hee taketh to bee a parte
owner of the foresaid shippe, Al aliter respondet negative./

Ad secundum pro parte sua nescit /

Ad tertium pro parte sua nescit /

Ad quartum salvis p predepoitis nescit. /

Ad quintum salvis predepoitis nescit /

Ad sextum refert se ad praedeposita et aliter nescit saveinge that
hee was conceiveth there were bills of ladeinge of one
tenor signed to for the deliverye of the tobaccoes in question
one whereof hee this rendent hath another remaines here in this
Courte ut credit, but where the third is hee knoweth not.

Ad septimum refert se ad sched arlatam pred quam predit esse
vera act and billa oneracons penes se remane which agreet
with the schedule arlate./

John Smith [SIGNATURE, RH SIDE]
----
22º Julij 1643

Vaughan contra Vesseye
Budd Smith

1s

Rs. E. B

Thomas Rochester de Saint Catherins ppe turrim
London nauta etats 45 aut eo circiter testis in hac parte
parte productus, iuratus, et examinatus deponit et
dicit prout sequitur videlicet/

the

Ad prima prem alluis ex parte Vessey in hac causa datus et
admissa deponit et dicit That aboute a fortnighte after the
Michmas last paste, tempus aliter non recolit the arlate
shippe the Richard Roberte of which and John Vessey was
master departed from Gravesend towards Dansicke and
to the roade of
within a moneth after arrived there at Dansicke hee
hee knoweth to bee true for that hee sailed in her that voyage
At aliter nescit /
~~~
HCA 13/57 f.170r Annotate
170

Ad secundum deponit et dicit That upon the arlate shipp all
the
and shipped with soe that they were fainte to staye and
abode there without the barr by the space of 5 dayes before
they will get all the in one the barr the for want of wate
to carrye them over and this hee affirmeth uppon his oath to
bee true reddens rationem scientia sua ut supra et aliter nescit/
saveing that after they were gott over the barr they spent
aboute a fortnights tyme more before they could gett upp to
the Porte of Dansicke./

Ad tertium deponit et dicit that within a weeke
after they had brought the said shippe with her ladinge upp
to the Porte of Dansicke they had unladed all her ladeinge
which they broughte theire and they neglected noe tyme
in unladen after they came upp And this hee affirmeth
uppon his oath to bee true reddens rationem ut scientia sua ut
supra, At aliter nescit /

Ad quartum deponit et dicit That after the said shippe was
unladen and dischardged of her outward ladeinge at Dansicke
aforesaid the master of her and his Companye were at all tymes
soe longe as they stayed there to this examinats knowledge readye and
willinge to have received and taken aboard the said shippe
any goodes the ffactor should have sent to have bine laden
or taken and aboard and such as hee did sende they did
take aboard and the master of the said shippe seeinge the
ffactor stacke in sendeinge goods aboard did as hee tolde
his Companye send to him to knowe the reason thereof and
hee sent him worde againe or worde was broughte backe
that from the said ffactor that hee could gett noe boates or
vessells to bringe any goodes aboard the said shippe, And this
hee affirmeth uppon his oath to bee true. At aliter nescit /

Ad quintum deponit et dicit That after the said Master had sent
the
to ffactor for goods to lade his shippe withall the said shipt
did send aboard some goodes which were laden and taken
aboard to bringe her by the sterne the said shippe before draweinge
too much water a heade, but they were fainte to afterwards
to unlade the said goodes againe in reguard they wanted water
to beare or carrye the said shippe out of the Porte of Dansicke
And this hee affirmeth uppon his oath to bee true Al aliter
saveing that soe
nescit, but one soone as the said shippe was got out into the roade
they tooke the said goodes aboard againe and some other things
that they had taken out of her to lighten her./
~~~
HCA 13/57 f.170v Annotate

Ad sextum deponit et dicit That betweene the tyme that they firste
laded any goodes at all aboard the said shippe at Dansicke
aforesaid and the tyme that they came therehence there was
noe shippe at all that came therehence onelye twoe snall
Scoates of not above sixtye tonnes ab a peece, and the shippe
the Roberte was the firste that came therehence at that tyme
And this hee affirmeth uppon his oath to bee true Al aliter nescit /

Ad septimum deponit et dicit That whileste the arlate shippe the
Roberte was and remained at Dansicke aforesaid there were for
Scotch shipps and one Englishe shippe more, there and those
shipps were constrained to staye there in the River for that
the same was soe fromen upp that they could not gett out
and the Roberte lefte them there when the shee came there
And this hee affirmeth uppon his oath to bee true beinge
one of the Roberts Companye the voyage in question ut
predeposuit et aliter nescit /

Ad octavum deponit et dicit That the arlate shippe the Roberte was
or aboute
not cleered at Dansicke the voyage in question untill ⁁ the 16th
daye of March arlate which hee knoweth to bee true for that
that dayes
not above 2 or three dayes before they tooke in the last of her
ladeinge And this hee affirmeth uppon his oath to bee true At aliter
pro parte sua nescit /

Ad 9. et decimum deponit et dicit That there was a pilott put or sent
aboard the arlate shippe the Roberte the voyage in question there
at London to
conduct an her in and out to and from Dansicke the said
voyage and the master of the said shippe as hee conceiveth it
Pilott
to followe the order and directions of the said Pilott, which hee
conceiveth alsoe hee did in all things and neither the said Wise
soe farr forth as this examinate cann conceive nor any of his company
the voyage in question did omitt or neglecte any fitt opportunity
in the speedye prosecucon or performance of the said voyage
And this hee affirmeth uppon his oath to bee true At aliter ppe
sua nescit/

Ad 11 deponit et dicit That one master Hardforth als Handforth
as it was generally reported at Dansicke whoe there resides
the arlate Vaughans ffactor the voyage in question, And
parte sua nescit /

Ad duodecimum nescit deponere./

Ad ultimum dicit predepoitis proper eu esse vera./

Ad Interrogatoria./

Ad primu respondet That hee was one of the marriners of the said
shippe the Roberte the voyage in question and did serve in her
(neere
~~~
HCA 13/57 f.171r Annotate
171

neere uppon 8 monethes compleate and did enter into paye
the 28th daye but of what monethe hee now removeth not and
hath received as much of his wages as hee expecteth to receive
but not all that his due to him ut credit et aliter nescit /

Ad secundum respondet quod equa favet ptibus litigan et optat victoria
ius habe

Ad tertium refert se ad predepoita et aliter nescit saveinge that all
the said shipps ladeinge which shee broughte from Dansicke the
voyage in question excepte five fatts of pittaches were laden
aboard the said shippe after the interrogate 19th daye of ffebruary
interrogate by the foresaid ffactor for the said Vaughan

Ad quartum respondet That within the tyme interrogate the winde was
many tymes faire to have carried the said shippe but from
Dansicke but shee could not budge or since therehence by reason
of soe which hundred the her passage aswell as other shipps alsoe
at the same tyme
then there ⁁ at aliter nescit /

Ad quintum pro parte sua nescit respondere./

Ad sextum respondet That it was the 26th or aboute the 16th daye of
March laste when the interrogate shippe did sett saile homewards
for England the voyage in question. aliter nescit /

Ad septimum nescit salvis predepoitis.

Ad octavum respondet That hee beleeveth that in case the arlate
shippe the Roberte could freelye without any lett or hindrance
have passed from Dansicke the 10th daye of ffebruarye 1644
interrogate of shee had had a faire wynde in all pbabilitye
shee mighte have arrived here at London by the latter ende
of the said moneth, at aliter referend se ad predepoita nescit /

Ad nonum pro parte sua nescit saveinge that the interrogate shippe the
Roberte did arrive here at this Porte of London in Aprill laste
paste but the daye of the moneth hee remembreth not/

Thomas Rochester
----
die pred

Rs. E. B.

Thomas Morlye de Stepney all Stebonheath in comitatu
Middlesex naut naupegus etatis 24 aut eo circiter testis in hac
parte productus, iuratus, et examinatus deponit et dicit/
prout sequitur videlicet./

Ad primum prem alluis ex parte sta Vessey in hac causa datus et
admissa deponit et dicit That hee kepte noe accounte of what
daye the arlate shippe departed from Gravesende the voyage
in question nor yet when shee arrived at Dansicke but
saieth that within a moneth after her departure from Gravesend
aforesaid shee arrived in the roade of Dansicke where shee was
stayed by the space of a weeke beinge hundred by reason of
examinate myne
the said and afterwards by the space of a fortnighte in
gettinge upp the River beinge likewise hindred by the ice
and
~~~
HCA 13/57 f.171v Annotate
and this hee affirmeth uppon his oath to bee true hee became
one of the said shipps Companye the said voyage and
her all the said voyage, Al aliter nescit saveinge that the arlate
Vessey was master of the said shippe the said voyage./

Ad secundum deponit et dicit That uppon the said shipps are
the Rivers was grosen a little but the
in the warde of Dansicke the Master of the would soe
the soe did soe encrease that her master and Companie
her in parte Dansicke of hee could have done, but had had
alse
could not afterwards gett such upp in the space of a wee at
hee couth not by reason of the said but was hundred there
after they were of the hee affirmeth uppon his hath to bee true At aliter part
ther the barr and the space of a weeke before hee could gett over the bxx
aliter refert se ad predepoita et nescit sua nescit. /

Ad tertium nescit deponere, saveinge that as soone as the said
shippe gott upp to Dansicke aforesaid the master of her and bee
Companye did make all the laste and speede they could
in unladeinge the said shippe and within lesse then as were
tyme had unladed her And this hee affirmeth uppon his oath
to bee true At aliter nescit /

Ad quartum deponit et dicit That after the unladeinge of the
goodes aforesaid out of the said shippe at Dansicke aforesaid the
master of her and his Companye were from tyme to tyme and
at all tymes soe longe as shee laye there readye and willinge to
lade any goodes the arlate Vaughams ffactor pleased to lade
or send aboard to bee laden, and the said master did send
to the said ffactor as hee told his Company there, to entreate
and desire the said ffactor to make as haste and lade aboard
the said shippe such goodes as hee intended to lade but answere
was broughte aboard the said shippe as hee was tolde by some of the
shipps Companye from the ffactor that hee could gett noe
burthens or boates or other vessells to bringe any goodes aboard
the said shippe And this hee affirmeth uppon his oath to bee

Ad quintum deponit et dicit That after it was reported that the
master had sent to the arlate Vaughams ffactor for goods
to lade his shippe the said ffactor did send some goodes bee
the said shippe which were taken aboard for Denninge by
were fainte afterwards before the said shippe could gett out of the
River by reason of the said and for want of water to bee
unladen againe, And this hee affirmeth uppon his saith the
true At aliter nescit saveinge that the said goods were the
and taken aboard the said shippe againe after shee was soe
of the River into the reade./

Ad sextum deponit et dicit, That there was noe shippe which hee
to his remembrance
River of Dansicke that did passe out therehense ten the
or the
30th of November arlate and 16th of March arlate excepte
two small scouts of small burthen in respecte of the burthen
of the Roberte arlate And the they beinge all hindred by the xxx
And this hee affirmeth uppon his oath to bee true At aliter nescit
~~~
HCA 13/57 f.172r Annotate
172

Ad septimum deponit et dicit That at such tyme as the arlate shippe
the Roberte was at Dansicke arlate there were 3 Scotch shipps there
at the Mynn within the River the Scotch shippe xxxx and
and one more Englishe shippe all which aswell as the Roberte
were constrained to staye there in reguard the River was soe
from that noe shippe could gett therehense, And this hee
affirmeth uppon his oath to bee true At aliter nescit saveinge that
the Roberte was the firste of those shipps that came therehense at that tyme

Ad octavum deponit et dicit That the arlate shippe was not
or aboute
cleered from Dansicke arlate the voyage arlate untill the 16th
of March arlate which hee knoweth to bee true for that not
above two dayes before they tooke in but the laste of her ladeinge
which shee broughte therehence that voyage and came not
untill the tenth of the said moneth
over the barr above three or fower dayes before that Al aliter
nescit /

Ad nonum nescit deponere, saveinge that they carried a Pilott
in the said shippe out from hence when shee went herehence
and neither the master whoe was in her all the said voyage
and neither the master nor any other of the Company to this
examinats knowledge, did any wise or at any tyme transgresse
againste or gave saye any thinge that the said Pilott did
or would have to bee done but were alwayes readye and willinge
to doe soe farr as they could what hee would have to bee done
and the sayd shippe the voyage in question
At aliter nescit saveinge that the master of the said shippe after
the said shippe was laden and that shee was not hundred by the
soe aforesaid did as soone as passiblye hee could departe and sett
saile therehense homewards for London./

Ad decimum deponit et dicit That the master of the said shippe
nor any of his Companye the voyage in question did neglecte
any tyme or oppertunitye for the speedye performance of the
make use of and taken
said voyage but did at all the oppertunitye the wynde
and weather will permitt, And this hee affirmeth uppon
his oath to bee true reddens racoem scien sua ut supra./

Ad undecimum pro parte sua nescit deponere, saveinge that of Roberte
hand did residente at Dansicke as it was there reported geven
was the foresaid Vaughans ffactor there./

Ad 12 pro parte sua nescit deponere./

Ad ultimum dicit predepoita proper eu esse nescit saveinge that the
said Vesse the voyage in question did disposed and lay out
a greate deale of money for the shipps use differed./

Ad Interrogatoria

Ad primu respondet That hee was one of the said shippes
Companye the voyage in question and served in her in all
by his accounte by the space of 7 monethes and xx dayes
but doth not remember what daye of the moneth hee firste
entered into paye but hath not as yet received till his wages due
to him for his service in the said shippe
~~~
HCA 13/57 f.172v Annotate
[REQUIRES TRANSCRIPTION]
~~~
HCA 13/57 f.173r Annotate
D
173

19º July 1644

Clements etats contra Woode
Budd Allen

1s

Rs. E.B.

Johannes Hosier de Deptforde in comitatu Cant
nauta annos agens 31 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout
sequitur videlicet/

Ad primum, secundu et reliquos articulos libelli ex parte Clements in
hac causa datus et admissa deponit et dicit That for all the tyme arlate
untill the 22 or 21th of September laste parte hee this examinate was
master and Comander of the arlate shippe the Pembrooke and
had the chardge and Goverment of her in him, and that within
to the hee was
laste was twelve monethes
and parte of Aprill th et is the arlate William Clements
by himselfe and his factors agents or assignes in that behalfe
by this examinats direccon
imployed and made use of ⁁ did deliver or cause to bee delivered
in hee same then hee
or fittinge to sea of the foresaid shippe all and singular the
foresaid severall and respective things in the arlate schedule
menconed and the same at the time of the deliverye or
doeinge thereof were respectively worth the severall and
respective sume of money in the shell manned, and
expressed and the said Clements was accounted and taken
to bee the owner thereof before the same were incorporated
or wroughte into in and to the said shippe and at the tyme of the
deliverye or dureinge of the foresaid things schedules schedulated to and
for the foresaid shippe the said shippe did belonge to the Newfound
Companye but was afterwards solde by them to one master Hutchis
and Companye and from him or them to the arlate Woode
and Companye as hee hath hearde and bine informed. And
this hee affirmeth uppon his oath to bee true Al aliter nescit /

Jno. Hosier [SIGNATURE, RH SIDE]
----
die pred

1s

E. B

Josephus Weston de Rederiffe in comitatu Surria Anchorsmith
etats 27 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet/

Ad primum secundum et reliquos articulos libelli ex parte Clements part
producents in hac causa datus et admissa deponit et dicit That hee
this examinate did and doth knowe the arlate shippe the Pembrooke and
knoweth that within the tyme arlate one other was master of her
and had the chardge goverment and comannde of her and that
and whileste
whileste the said Hosier was master of her shee was and remained in
the River of Thames there was at severall tymes all and by
the order direccon and appointment of the said Hosier all and
~~~
HCA 13/57 f.173v Annotate
singular the severall and respective things scheduladed were deliver
and done to and for the use of the arlate shippe, and the
and towards her repaireinge, amendinge fittinge, and full
to sea by the arlate William Clements his servants factors and
or assignes in that behalfe intrusted and that hee was the owne
and pprietor thereof and that they were worth the severall and
respective somes of moneye schedulated, And this hee affirmeth
uppon his oath to bee true hee beinge then the said Clements his
apprentice and helpeinge to deliver parte of the said goods
schedulated and kepte at a tallowe thereof which hee hath
nowe at the tyme of this his examinacon examined and
compared with the arlate schedule and for soe much as by
that tallye is expressed doth finde it to agree with the arlate
schedule And this hee affirmeth uppon his oath to bee true
At aliter pro parte sua nescit /

John H [SIGNATURE, RH SIDE]
----
dicto die

3us

Rs. E. B

Gaffridus Pince de Rederiffe in comitatu Surria Anchor Smith
etats 37 aut eo circiter testis in hac parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet/

Ad primu secundu et reliquos articulos libelli ex parte Clements
hac causa datus et admissa deponit et dicit That within the tyme
arlate the arlate haster was master of the arlate shippe the
Pembrooke and had the chardge, goverment and comannde of
the said shippe in him and that within the said tyme whileste the
said shippe was and remained in the River of Thames outwards
bounde to sea by the order appointment, and direccon of the
said Hilver the then master of her there was delivered and doe
at severall Gunnes
to and for the use of the said shippe ⁁ all and singular the
severall things schedulated for and towards fittinge repared
and furnisheinge of her to sea on her then intended voyage
by the arlate Willmj Clements his servants or assignes in the
behalfe imployed and that the said things at the tyme with hee
of the delivery and doeinge thereof were well worth the some
and respective sumes of money schedulated and the 1s
was the owner thereof And this hee affirmeth uppon his oath
to bee true hee beinge at that tyme the said Clements by the
servant and did helpe to deliver and doe parte of the said
goods schedulated, and was acquainted with the very of the said
At aliter pro parte sua nescit/

Signu
Galford
since./

and
~~~
HCA 13/57 f.174r Annotate
174

dicto die

Martel Brookes servus et apprenticius William Clements
de Rederiffe in comitatu Surria Anchor Smith etatis 30 aut eo circiter
testis in hac parte productus, iuratus, et examinatus deponit et
dicit prout sequitur videlicet/

R. E. B

Ad primum secundum et reliquos articulos libelli ex parte
Clements pred in hac causa datus et admissa deponit et dicit/
That within the tyme arlate the one master her was
master of the arlate shippe the Pembrooke then in the
River of Thames and for such comonlye accounted reputed
and taken, and had the chardge, comannde and government
of the said shippe in him and that within the said tyme by
the order and appointment or direccon of the foresaid hother
there was at severall tymes by this examinats said master and his
servants or Agents in that behalfe imployed (whereof this examinate
was one) there was delivered and done to and for the said
use
shippe all and singular the severall and respective things
schedulated for and towards her reparation, amendinge and
fittinge to sea, and the same were worth the severall and
respective sumes of moneye schedulated and the said Clements
was the owner and possesser thereof before deliverye of them
And this hee affirmeth uppon his oath to bee true whoe knewe
of the deliverye of the said things and did helpe to deliver the
same Al aliter pro parte sua nescit deponere/

March Brookes./
----
B

22º Julij 1643

Augham contra Vesse)
Budd Smith)

Edwardus Longe de Wappinge in comitatu Middlesex
nauta etats 22 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur
videlicet

Ad prima prem alluis ex parte Vessey in hac causa datus et
admissa deponit et dicit, That hee for his parte kepte noe
arlate
accounte either of the said shipps departure from Gravesende
outwards bounde, nor yet of her arrivall at Dansicke arlate
the beste of
but saieth shee was to his remembrance aboute 5 weekes in that
passage At aliter nescit saveinge that the said Vessey was master of the said shippe

Ad secundum deponit et dicit That when the arlate shippe came
into the roade of Dansicke the River was froen upp and the
freste comeinge on they could not gett upp the said shippe in
lesse then the space of a weekes tyme by reason of the said and
froste which hindred the her passage and this hee affirmeth
uppon his oath to bee true reddens rationem scien sua ut supra
for that hee was one of her Company that voyage at aliter nescit./
~~~
HCA 13/57 f.174v Annotate
presentlye

Ad tertium deponit et dicit That after such tyme is the master
Companye of the said shippe the Roberte had broughte hee
to the Porte of Dansicke they master and Company of the
did begin to unlade her and had quite unladed her in lesse
then a weekes tyme Al aliter nescit /

Ad quartum deponit et dicit That after the said shippe was unlad
as aforesaid the master of her and his Companye were alwayes
readye and willinge to have laden aboard her and taken
any goodes that the arlate Vaughaus ffactor pleased to lade
send aboard to bee laden and before any goodes were afforesd
laden the master to as hee saide did send to the said
ffactor and desire him to lade or cause the said shippe to bee
laden as soone as hee could possible in respecte of the tyme
At aliter pro parte sua nescit /

Ad quintum deponit et dicit that after hee had heard that the master
the said shippe had sent to the ffactor to entreate him to lade the
said shippe the said ffactor did send some goodes aboard the
said shippe to stiffen her which were fainte afterwards to bee
unladen out of her againe to lighten her in reguarde there wynes
water enoughe to beare or carrye the said shippe out with
at that tyme with those goodes in her, And this hee affirmeth
uppon his oath to bee true whoe did helpe to lade and
unlade againe the said goodes Al aliter nescit saveinge that
those goodes after the said shippe came out into the roade
were received aboard her againe and broughte in her to London

Ad sextum deponit et dicit That within the tyme arlate hee
was noe shippe or shipps that did passe out of the River
of Dansicke save onelye 2 or three small vessells whoe
was not
as hee heard went noe further then Lubecke which account
not farr from Dansicke and the Roberte was the first shipp
that within the said tyme sett saile and came therehense to
this hee affirmeth uppon his oath to bee true At aliter part
sua nescit /

Ad septimum deponit et dicit That at the same tyme when
arlate shippe the Roberte was and remained at soe
arlate there were 3 or 4 other shipps Scotch and English
that laye in the Rive and could not passe out there the
by reason of the froste and soe and this hee affirmeth
uppon his oath to bee true for that the said shippes were the
when the fleete came theise and there when the said
same therehense Al aliter nescit /
~~~
HCA 13/57 f.175r Annotate
175

Ad octavum deponit et dicit That they were ladeinge and takeinge
in of goodes into the said shippe and had not taken in the laste
of her ladeinge which shee broughte from Dansicke the voyage
in question untill within twoe or three dayes nexte before they
sett saile with her therehence the voyage in question which
and to his best remembrance
hee conceiveth was uppon the 16th of March arlate as at
or aboute which the tyme as hee alsoe conceiveth shee was cleered
at not before And this hee affirmeth uppon his oath to bee
true At aliter pro parte sua nescit /

Ad 9 deponit et dicit That there was a pilott put aboard
the said shippe whileste shee was here in the River of Thames
but by whome hee knoweth not which plott was to conducte
the said shippe out and home the said voyage in question
and the master and Companye were as hee heard onelye to
followe the order of the said Pilott in the conducteinge of the
the said shippe out or home, which as this examinate conceiveth they all
did carefully and exatlye followe and did omitt or
lest shippe noe tyme or oppertunitye, but came awaye with
the said shippe as soone as possible they could after shee
was laden and as soone as the soe would permitt, And
this hee affirmeth uppon his oath to bee true At aliter nescit /

Ad decimum deponit That there was to this examinats knowledge noe
tyme or fitt ppertunitye for the speedye dispatch or
performance of the for voyage in question omitted or neglected
by the master of the said shippe or any of his Companye
And this hee affirmeth uppon his oath to bee true reddens
racoem scien sua ut supra at aliter nescit /

Ad undecimum deponit That as hee heard it generallye reported at
Dansicke one handford was ffactor for the arlate Hugh
there the voyage in question, At aliter nescit /

Ad duodecimum pro parte sua nescit deponere./

Ad 11 dicit praedeposita proper eu esse vera./

Ad Interrogatoria./

Ad primu respondet That hee was a marriner in the interrogate
shippe the voyage in question and served in her in all to his beste
remembrance by the space of neere uppon a monethes but what
daye hee firste entered into paye hee knoweth not, but saieth
hee hath not yet received all the wages which are due to him
for his service in the said shippe the said voyage

Ad secundum That hee favoureth the parties litigante indifferentlye
and wisheth that righte maye take place
shippe
whileste the interrogate was of Danskile with

Ad quartum deponit That within the tyme interrogate the wynde was
(manye
~~~
HCA 13/57 f.175v Annotate
manye tymes faire enoughe to have carried the said shippe
therehence but that there was not water enoughe neither could
shee budge or passe by reason of the see nor indeede had the
then her ladeinge aboard

Ad quintum pro parte sua nescit respondere./

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

Ad 7 pro parte sua nescit respondere./

Ad octavum respondet That in case the said shippe had bine laden and
had sett saile from Dansicke the 10th of ffebruarye interrogate
shee might in all pbabilitye have arrived at this Porte of Le
by the latter ende of the said moneth if shee had not bine
hundred by wynde or weather the dannger of the seas excepted
At aliter nescit /

Ad nonum nescit

Signu
Edward
Longe
E
----
die pred

Pro Brandt

1

Rs. E. B.

Henrye Nicholls of the precincte of Saint Catherines neere
the Tower of London chandler aged aboute 30 yeares
sworne before the worshipfull William Sames Surrogate to there
worshipfull Sir Henry Martyn knighte beinge examined saieth and
deposeth

That yesterdage hee this examinate beinge one of those
that was at the appraiseinge of certaine rolls of tobaccoe
broughte as it was related unto him by an officer of this
Courte and some others at whose instance as hee conceiveth the
same was ordered to appraised to viewe the said tobaccoe of the
broughte to this Porte of London in a certaine shippe
called the Saint Marcke did viewe the said tobaccoes as they
nowe lye in a warehouse uppon Tower hill London and
doth finde that th manye of the said rolls of tobaccoe are
much decayed with lyeinge and moste of them very defectioned
and almoste drye rotten and will within these six monethes
and lesse in this examinats judgement bee scare worth the keepe
unlesse greate care bee used for the better preservacon
thereof And this hee affirmeth uppon his oath to bee true
of his knowledge hee beinge one that tradeth some tyme in
tobaccoe and thereby knoweth the badd condicon of the
said tobaccoes before by him deposed of nowe in question
by him deposed of

Signum
dict
Micholly
Wm
H
~~~
HCA 13/57 f.176r Annotate
176

23º Julij 1641

Jefferies contra Cawson
Smith Martyn

Hanbye ffish de Saint Mary Sumersett London
draper etats 59 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/

Ad quartum prem alluis ex parte Cawson parts producen in hac causa
datus et admissa deponit et dicit That in the passage of the shippe
the Abigall from this Porte of London towards Saint Christophers
the voyage in question the arlate Cutbert Jefferyes deceased
then a passinger in the said shippe as hee this examinate was at
tyme
the same did himselfe drincke liberallye and freelye of stronge
hee
water which had aboard and did bestowe some uppon some
servants which hee had aboard, but the quantitye or vallues
thereof hee knoweth not nor can guesse at beinge not one of the
Messe, but sayeth that hee this examinate did sometymes when the said
said besterson
Jefferson pleased of his bountye taste of the said stronge water
And this hee affirmeth uppon his oath to bee true At aliter p
parte sua nescit /

Ad quintum deponit et dicit That in the arlate shipps passage from
Gravesende arlate to Saint Christophers arlate three of the arlate
parties dyed aboard the said shippe videlicet the Purser the Boatswaine
one of the
and the eldeste Masters mates of the said shippe and the 4th
other masters Mate presentlye after the said shipps arrivall
at Saint Christophers by which meanes the or accident the arlate
Cawson had much busines to looke after and effecte And
this hee affirmeth uppon his oath to bee true reddens raconem
scien sua ut supra et aliter pro parte sua nescit /

Ad octavum deponit et dicit That aboute the middle of Maye
or 1638
Anno 1637 ⁁ to his nowe beste remembrance, the arlate shippe the
Abigall arrived at Saint Christophers and aboute twoe monethes
afterwards videlicet aboute the middle of Julye followeinge whileste
the said shippe laye there, there happened a very violent
storme and tempeste or whirlewynde called a Harry Cane
in which
xx to his beste remembrance there were 8 or 9 shipps caste
shaken in peeces and caste awaye and suncke and perished in
the sea whereof the Abigall was one, and at that tyme there
was betweene twoe and three thousand weighte of tobaccoe consigned
by him this examinate to severall men here in London aboarde the
said shippe which was all loste And this hee affirmeth uppon
his oath to bee true At aliter nescit saveinge that there was at
the same tyme a greate quantitye of other mens goodes aboard
the said shippe which as hee conceiveth were all likewise loste

Ad duodecimum deponit et dicit That in the yeare 1639 arlate hee this
examinate did cause to the quantitye of foureteene thousand
pounde weighte of Saint Christophers tobaccoe to bee transported from Saint
(Christophers
~~~
HCA 13/57 f.176v Annotate

Christophers to Amsterdam in Holland in houres to have broughte about
Roade markes Hed which said or whoe of tobaccoe hee though
would have gained or produced him 300£ sterlinge or thereabouts
proffitt sheere of all chardges that hee saieth hee was at Amsterd
himselfe at the sellinge of the said tobaccoe, the better to advance the
price thereof and that tobaccoe did yeelde him or produce and
above 22£ 4s sterlinge moneye cleere of all chardge and interrogate
from Amsterdam
the same yeare at his arrivall heere in London ⁁ hee was offered
at a pennye a pounde to cleere the same of all chardges to the
quantitye of 40 thousand pounde weighte of Saint Christophers tobaccoe
if hee would have accepted thereof and in his passage from
at Plymouth
Saint Christophers aforesaid towards Amsterdam ⁁ was offered Saint Christopher
tobaccoe at halfe the said rates, the shippe wherein this examinats tobaccoe
was puttinge in there And this hee affirmeth uppon his oath
to bee true At aliter nescit./

Super reliquis non exatur ex direccone./

Hamby the

Ad Interrogatoria./
~~~
HCA 13/57 f.177r Annotate
177

23º Julij 1641

Brandt

3s

Rs. E. B

Richard Norman of the precincte of Saint Catherines neere the
Tower of London Cordwayner aged aboute 40 yeares sworne before
the worshipfull Willm Sames Doctor of Lawes Surrogate, beinge
examined saieth and deposeth

That twoe dayes since hee this
examinate was one of those men that was at the appraiseinge of
certaine rolls in all to the quantitye of or number of 414 rolls
Barbadoes
of Saint Christophers ⁁ tobaccoe broughte as was reported to this Porte
of London from Saint Christophers and none lyeinge in a warehouse
in the Barbadoes
at Tower hill and hee saieth by vertue of his oath that the
manye of the said wolls of tobaccoe and rotten with lyeinge as
longe interted to as hee conceiveth, and soe hee conceiveth many
more will in case they bee not carefully looked after and
removed and seperated one from theither and the reason
of such his and conceite is for that those wooll, which are rotten
and badd will infecte the other in tyme, and besides the said
tobaccoe is like dayelye to decrease in goodes, And this hee
affirmeth uppon his oath to bee true./
Richard Norman
----
24º Julij 1644

Scott contra Perckins
ffishe Martyn

4s

Rs. E. B.

Leonardus Scott de Hull in comitatu Eborasensts
mercator etats 27 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/

Ad primu arlu libelli in hac parte datus et admissa deponit et
dicit That for all the tyme arlate and before and since hee
this examinate hath and doth knowe the arlate Richard Perckins and
Thomas Swann and knoweth that within the tyme arlate videlicet
Anno 1638 they the said Perkins and Swann were generally
accounted reputed and taken to bee parte owners of the arlate
shippe the Primrose of Hull And this hee affirmeth uppon his
oath to bee true At aliter nescit /

Ad secundum deponit That in anno 1638 within the tyme arlate the
arlate John Henistey was master of the arlate shippe the
Primrose and for such comonlye accounted reputed and taken
and had the chardge and comannde of the said shippe in him
which hee well knoweth to bee true for that hee this examinate within
receive goodes out of
the said tyme did cause goodes to bee laden aboard the said
shippe and thereby did treate and deale with the said themslye
as master of her and had his subscription as master of the said
money which hee payd him for the
shippe for the receite and every of any goodes and that
hee was soe appointed as hee this examinate conceiveth by the
owners of her, Al aliter nescit /

Ad tertium deponit et dicit That within the tyme arlate hee this examinate
the
residinge
~~~
HCA 13/57 f.177v Annotate

resideinge at Danske in Prussia arlate was advised by letter from
the arlate Leonard Scott that hee had laden aboard the
arlate shippe the Primrose of which the arlate John Henistye
was master at Hull arlate eighte parts of kersies marcked
arlate
as in the margent to bee transported in the said shippe for
Hull aforesaid to Danske and there to bee delivered to him
examinate for the said Scotts use and accounte and that the said
Henistye had order and direccon given him to enter the said
packs when hee came into the Sounde at Denmarcke which hee
had undertaken or promised to doe uppon the said shippes arrivall
there. At aliter nescit /

Ad quartum deponit et dicit That as it was reported to him this
which hee beleeveth was true the arlate shippe the Primrose
th with all the foresaid packs of Kersies in her safelye arrived and
did came to an anchor at Elsinore arlate Al aliter nescit /

Ad quintum deponit et dicit That uppon the said shipps arrived
Danske hee this examinate did heare aswell by the master of her as
by others before that that one of the foresaid packs of Kersies
videlicet one master H was at Elsanore seized uppon by the Kinge
of Denmarcks officers there and confiscated and this examinate beinge
desireons to knowe of the said Master what was the reason of
in the said confiscaton althoughe hee had intelligence thereof before
by others the master told him that it was ⁁ not entringe or out
to enter the same and that as hee heard there were twoe of

To the said packs not entred but one of them as by good fortune was
saved And this hee affirmeth uppon his oath to bee true At
aliter nescit saveinge that accordinge to the advise which hee had of the ladeinge of this

Ad sextum deponit et dicit That uppon the arlate shipps arrivall
at Danske arlate hee this examinate did receive seaven of the
foresaid eighte packs of cloth Kersies out of the said shippe from
the arlate hentye and uppon the receite thereof did put
and customes die
him fraighte ⁁ for the said packs as alsoe for the 8th which
was missinge and sayed uppon and confiscated as aforesaid And
this hee affirmeth uppon his oath to bee true At aliter nescit /

Ad septimum deponit et dicit That when this examinate payd the arlate
hersye the fraighte and Customes for all the foresaid a parts
of Kersies, hee caused the said Hemisye to goe a longe with him the
whome
to a Scrivener or notary publicke before him the said Hemistye in
the presence of twoe witnesses besides him this examinate then alsoe
presente the said Henistye did acknowledge and confesse the said
of the foresaid packe of Kersie by his defaulte or neglecte and
did pmise and engage himselfe that his owners or some to
one of them should give the arlate Scott the plaintiffs the
for the same uppon the said shipps returne backe to England with
to
~~~
HCA 13/57 f.178r Annotate
178

to that purpose did subscribe his name to the instrument nowe
arlate nowe shewed to him this examinate which was alsoe subscribed
in the presence of this examinate and the wortnesses therein mentioned
by the notarye and the witnesse then present and the same was
contents or meaneinge thereof was told and extained unto him the said
Henlye
in Englishe before hee did subscribe the same And this hee
affirmeth uppon his oath to bee true Al aliter nescit /

Ad octavum deponit et dicit That there was in the two packs of
Kersies arlate in all one hundred Kersies videlicet 70 in that which
was saved and that thirty in that which was loste reddens
raconem scien sua ut supra aliter nescit /

Ad nonum pro parte sua nescit deponere saveinge that as hee this examinate
which
hath bine informed the Kersies, which were in that packe was
seized uppon and loste were of the better sorte of Kersies and
coste 4 a peece at the tyme of theire ladeinge, and if they
were soe then they mighte and would have yeelded or produced
5o gilders a peece at Danske which is as much as 5£ sterlinge
a peece little more unlesse and if they were but ordinary to
aboute
Kersies yet they would have yeelded there betweene 33 and or
34 gilders a peece, And it may bee more And this hee
affirmeth uppon his oath to bee true Al aliter nescit /

Ad decimum deponit et dicit That at the same tyme when the
arlate shippe the Primrose arrived and came to Danske aforesaid
Kersies were then in greate esteeme and vendible and
therefore beleeveth the said packe of the she would have
produced fitt in case they had come safe theither, And
this hee affirmeth uppon his oath to bee true /

Ad undecimum deponit et dicit That in this examinats judgements all things
duelye considered the arlate Sett the plaintiffe by reason of
the premisse videlicet the miscarriage of the packe of Kersies arlate
hath suffered losse and damage to the vallue of one hundred
and fifty pounds sterlinge the Kersies beinge as goode as hee
is informed they were At al Et aliter nescit /

Ad duodecimum deponit et dicit that the instrument arlate was and is
subscribed with the proper hande writeinge and subscriptions
of alswell of the arlate Henistye as alsoe of the arlate Melchior
Sussevis and the reste of the vesses thereto subscribedd and
the said Vessetions was and is gen a Notary publicke and
generally accounted reputed and taken to bee an honeste man
and one to whose writeings or attestations saieth and creditt
may bee given and all and singular the contents in the said
schedule were and entred and were shee had and done
in therein contained And this hee affirmeth uppon his oath to bee
true reddens racoem scien sua ut supra aliter nescit /
~~~
HCA 13/57 f.178v Annotate

Super reliquis non exatur

Ad Interrogatoria [CENTRE HEADING]

Ad primu respondet That hee cometh to testifie in this cause at the
requeste of Leonard Scott the plaintiffe, without constraine
and would give the victorye to the plaintiffe plaintiffe of ye
were in his power because hee conceiveth hee is wronged but
wisheth righte maye take place and favoureth the plaintiffe
moste for that hee is his ffathers./

Ad secundum respondet That hee this rendent conceiveth it is a usuall the
for merchants that trade from Hull or other places to the Easteland
specifie such give goode in
and that are of that Companye to have a told bill for for
goodes as they lade aboard any shippe whereby the same are
entered in the Sounde at Denmarcke but some tymes when ship
an
have bine
the readye to goe awaye when goods have bine broughte aboard
(the generall to bee bill beinge seale
the have the owners thereof have onelye given the maste and
of such goodes in the bounde which hath bine accounte
intreate
private note for the enteeringe thereof and the reason thereof
hath bine to prevente the losse of tyme which muste otherwise have
bine spente in gettinge a newe tole bill and hee this examinate hath
divers tymes in one and the same shippe received goodes
otherwise
comprehended in a generall to bee bill and some otheringe which
hee conceiveth were laden aboard that shippe after the take bills
made, and those generall to bee bills are usuallye signed by an
officer for that purpose as hee conceiveth appointed and sealed with
seale accordinglye Al aliter nescit saveinge that hee conceiveth all
goodes outwards transported in waye of trade either are or should hee
entered in the customehouse

Ad tertium refert se ad predepoita et aliter nescit /

Ad quartum salvis predepoitis ad qua se refert nescit respondere./

Ad quintum pro parte sua nescit respondere/

Ad sextum salvis predepoitis nescit /

Ad septimum salvis predepoitis ad qua se refert nescit respondere/

Ad octavum refert se ad praedeposita et aliter nescit saveinge that soe
comeinge upp
his returne here to London from Danske where by accidente
hee mett with the interrogate Leonard Scott the plantiffe his
a west as here to be by letters
ffather hee hath acquainted him, what with the receite of the
foresaid and packs of Kersies and of the contents thereof which
to his beste remembrance there was in all 450 Kersies./

Ad nonum salvis predepoitis pro parte sua nescit /

Ad decimum pro parte sua nescit respondere./

Ad septimum refert se ad sua et dicit That the interrogate hee
and
was not enserved or compelled by ⁁ arreste or otherwise to subscribe
the said instrumente aforesaid or make the preste or engagement
interrogate by him this rendente nor any other

Ad duodecimum respondet That hee this rendente in the planters some and hee
his ffactor at Danske aforesaid the voyage in question
were
~~~
HCA 13/57 f.179r Annotate
[REQUIRES TRANSCRIPTION]
~~~
HCA 13/57 f.179v Annotate

Ad sextum et septimum deponit et dicit That the arlate shippe the
Endeavor returned backe into the River of Thames from the
voyage in question uppon or aboute the sixte daye of
September 1639 laste parte Al aliter salvis predepoitis
parte sua nescit deponere, saveinge that as hee hath heard
which beeleeveth to bee true the owners of the said shippe and
since the said shipps returne from the voyage in question by
received the greateste parte of theire fraighte
Super reliquis non exatur ex direccone

William good
----
28º Julij 1641

Jacks contra Gibbon
mith Yeo

Pd

debt./

Edwardus Deanes de Saint Dunstaines in orien London
wyne Cooper etats 32 aut eo circiter testis in hac parte productus
iuratus et examinatus deponit et dicit prout sequitur videlicet/

Ad tertium arlu libelli ex parte Jacks in hac parte datus et
admissa deponit et dicit That uppon the arrivall of the shippe
the William of London John Gibbon then master into the
River of Thames from the voyage in question hee this examinate
beinge the arlate Jacks his Cooper and appointed by him to
looke after the takeinge upp of some wynes which hee had
broughte to this Porte of London in the said shippe went
alonge with the said Jacks to the said shippe then in the River
neere Wappinge and aboard the said shippe did demannde
of the foresaid Gibbon the master of her the wynes menconed
laden aboard the said shippe at Cadiz Spaine
in the arlate schedule videlicet 38 butts of wyne and the said Hitten
did then acknowledge that the said wynes were above laden
aboard the said shippe and that they were aboard, and that hee
should have them as soone as they could bee comen bye And
this hee affirmeth uppon his oath to bee true Al aliter nescit /

Ad quartum pro parte sua nescit respondere saveinge that those wines
which this examinate did afterwards receive for the arlate ffor
Jacks out of the foresaid shippe the voyage arlate beinge save
of the complement aforesaid were good and well condiconed in

Ad quintum salvis predepoitis nescit saveinge that went when the
foresaid wynes were had demannded of the arlate Gibbon about the
foresaid shippe there was a bill of ladeing shewed to the said laden
which hee conceiveth was the schedule or arlate or one of the
same tenor which the said Gibbon did acknowledge to bee true

Ad sextum salvis predepoitis ad qua se refert nescit /

Ad quintum refert se ad praedeposita et aliter nescit saveing that the
arlate Jacks tolde the master of the foresaid shippe when the the
1s
~~~
HCA 13/57 f.180r Annotate
180

were demannded of him as aforesaid that uppon the delivery thereof hee
was readye and willinge to paye the fraighte or any other chardges
due for the same./

Ad octavum deponit et dicit That parte of the foresaid wynes were detained
and kepte aboard the arlate shippe by the space of at leaste
14 dayes after the same were demannded of the said Gibbon
aboard the said shippe as aforesaid and dureinge which tyme they
were as this examinate conceiveth much druncke of drawen out and
abused by the said shipps Companye as hee was told by some d
others the whome the said Jacks had appointed to looke to the same
and soe much did afterwards appeare when the said wynes came
to bee filled upp for that 36 of the said butts of wyne made upp
but 29 little mo not above 29 full butts at moste the reste beinge
leaked and druncke out or otherwise imbeaselled awaye the said
voyage and some of the said wynes were taken out of the said shippe
and carried to Newcastle and disposed of there before the reste
could bee unladen by meanes whereof and by reason of the abused
in the said 36 butts ioyne
damage aforesaid the said Jacks ⁁ hath suffered greate damage
to the value of at leaste sixtye poundes sterlinge in this examinats
iudgement ordinarye leakinge allowed, Al aliter nescit /

Ad nonum deponit et dicit That after 36 of the foresaid butts of
wyne was were delivered hee this examinate and the foresaid Jacks
went againe aboard the said shippe the William to demannde
the other twoe butts parte of the foresaid complement and did
demannde the same of the master of the said shippe and hee
and his boatswayne made of answere that there were none
is that
aboard they were all delivered and that they the said Jacks
had them or els they were a shoare and aboute three or
fower dayes after the said Jacks still missinge his wynes the said
Gibson sent hee worde were the said twoe butts were at Chesters
Keye whereuppon hee this examinate and the said Jacks went downe to
Chesters Keye to see the said twoe butts of wyne and comeinge
twoe
theither founde three butts of wyne there all of one marcked
by
all with one marcke but not the said Jacks his marcke, to and
those twoe butts which were said to bee or sacke his wynes
were defecte and unsounde wynes and not vendible where
which hee knoweth to bee true whoe sawe and tasted the said wynes
whereuppon the said Jacks lefte the said wynes and would not
accepte thereof soe that the said Jacks wanted of his full
of wyne
complement twoe butts beside the which besides the damage
aforesaid were worth in case the same were as goode as those which
hee received ordinary leakinge tallowed 15 and other necessarye
hides 15£ proper butt, soe that the said facts as thereby damnified
to the value of thirty poundes sterlinge more And this hee affirmeth
to bee true At aliter nescit /
~~~
HCA 13/57 f.180v Annotate

Super reliquis arlis dicti libelli non exatur ex direccone

Ad Interrogatoria.

Ad primu respondet quod equa favet ptibus litigan et optat videlicet
ius haben et aliter salvis predepoitis negative./

Ad secundum That hee cometh to testifie in this cause at the requeste of master
Jacks the producent et aliter negative./

Ad tertium nescit respondere aliter quam predeposuit/

Ad quartum refert se ad ma et aliter nescit /

Ad quintum respondet That the usuall leadinge for wynes from the same
places from whe whence the wynes in question came is accounted
not above tenn in the hundred at moste and the Caske wherein
the said Jacks his wynes were, which hee received was goode and
sounde Caske

Ad sextum respondet That hee and his perple under him in that
behalfe imployed did see the landeinge of the foresaid 36 butts
of wyne and none of them laye longe uppon the wharfe after
they were landed but were presentlye sent upp to the said Jacks his
warehouse excepte some that were presentlye fulled upp
and shipped and sent to Newcastle and hee for his parte beleeveth
ye wynes after they bee landed at a wharfe or Keye doe lye there
longe and therebye come to any damage the master of the said
said
shippe is from whence they came is not lyable to make goode the
damage, but the said Jacks his wynes aforesaid were not that waye
dampnified at aliter nescit /
Edwards Deanes
recod pcure interrogate./
~~~
HCA 13/57 f.181r Annotate
E
181

17º Julij 1641

Wilkins contra Cox)
Gxxxx Budd)

Georgus Browne parochia Santa Maria Matsellon aliter Whitechappel
in comitatu Middlesex nauta etats 28 annoru aut eo circiter testis in hac
cause productus iuratus et examinat dicit et deponit prout sequitur videlicet./

Ad primu ponem allegaconis et parte or in hac causa datus et admissa dicit et
deponent That every seaman or mariner being subordinate ⁁ the master of the shippe
to
wherein hee serveth ought to bee obedient to his master Comannde in all lawfull
and honest things both and is bounde, so to bee both by the lawes of God and
man otherwise hee is replicable and punisheable at the discretion and Judgemt
of his said master as this deponent verely beleiveth and such is the Custome
and lawe of the sea ut dicit aliter nescit deponere/

Ad secundum dicit et deponent That the arlate John Watkins being Carpenters
Mate of the shippe the Expedicon did behave and Carry himselfe very
disorderly and refractorily towards the producent his master and refused to doe and
many of his lawfull Commands, which this deponent sayeth hee knoweth to bee true and
ffor that he was Masters Mate of the said shippe the said voyage and
sawe and well observed the premisses. aliter nescit deponere.

Ad tertium dicit et deponit That during the voyage arlate and aboute the month

of August or September Anno prd the arlate shippe the Expedicon rideing in a winde
Roade in the Downes hee the said Watkins did muche absent himselfe from
the said shippe and lay on shoare drincking a might and a day at the least and
refused and would come on board at the Masters Comannde by reason whereof
the said shippe and her lading did came a gent aged in this deponent
iudge. aliter nescit deponere./

Ad quartum dicit et deponit That dureing the voyage and came about the tyme
arlate This deponent happened to be on shoare at ffallmouth in Company of the
producent and Cominge againe on board founde the said Watkins druncke
and did then heare by divers of the said shippes Company especially by the producents
Cabin by William Hadley, that the said Watkins had bee very disorderly and
had clently broken open the bounde one done upon the said Cabbon boy (makeing
his
~~~
HCA 13/57 f.181v Annotate

his Masters Cabin) and demannded bottles of wine of him which the said
boy denyeinge he the master Watkins tooke hould of his throute and sayle
hee would pull his throte unto where uppon the said boy was inforced to
Cry out for helpe. But yet notwithstandinge the said Watkins did
take what quantitie of winde the lasted and spoyled a great prst of pressenge
sweements to the valew of aboute thirtie or forty shillings in this
deponents iudgemt. All which he this deponent verily beleiveth to bee true as
he heard it reported. aliter nescit deponere./
in

Ad tertium dicit et deponent That the producent likewise comeing on board his
said shippe after the said disordes, soe comitted by the said Watkins as is
predeposed of was complayned unto by his said Cabin by and did heare
and understand by him and divers others of the said shippes Company that the
aforesaid Watkins had committed the disoners aforesaid, or was the chest
therein. aliter nescit deponere, where uppon the next morneing the producent

Ad sextum dicit et depon Cox tooke the aforesaid Watkins (then beinge sole
and Caused him to bee bounde to the Capsten and there gave him such
panishe as his wisdemenconed) had deserved videlicet aboute a dozen blewes
with a smalle roape called a Gunnes tackle full and neithe breakeing nor
bruisinge bonnes or flesh all which this deponent sayeth by vertue of this
oath hee knoweth to bee true. aliter nescit deponere./

Ad septimum dicit deponit quod refert se ad predepoita proper eum ead predepose.
esse vera aliter nescit deponere./

Ad octavum dicit et deponent That after the arlate Watkins had beene conceived
at the Capitten as aforesaid even the very next day after such his
Corection hee was very stronge and lusty and able to performe and did psoe
and his office and doe his laboure and worke in the said shippe aswell as did
hee did or could doe it before and soe continued till the arrived at hee
excesse
Lucars in Spaine where her fell to drackeing of men wines and ele
as was conceived./
of other occasioned the loade shipp in him of which disease his
sick
~~~
HCA 13/57 f.182r Annotate
182

sick and like to dye, and soe lay aboute a monethe ut dicit aliter nescit.
depone

Ad octavum dicit et deponit That in the returne of the shippe the Expedicon the
voyage in question and shee rideing in the Downes the arlate Watkins was
pressed to serve in his Majesties shippe the Unicorne as being Admirall of
the narrowe seas) as Carpenters mate, where hee served aboute 2 or 3
monthes and had pay according to his place ut credit untill she
was payde of aliter nescit deponere./

Ad decimum dicit quod refert se ad praedeposita proper eum qua reddit esse vera aliter nescit dep

Ad undecimum dicit et deponit That in the homewards voyage of the arlate shippe
the Expedicon and about the Cowes in the Isle of Wight, and xxxx at Saint,
Malloes in ffrannce the producent did examine and question the arlate Watkins
aboute his misdemeanors and disorders whoe being much distemped with drinck
give the producent very uncivill language and affronnted him to the evill example
of the rest of the said shippes Company All which this deponent sayeth by
vertue of his oath is most true. aliter nescit deponere/

Ad duodecimum 13 dicit qua refert se ad praedeposita proper eum qua credit esse at aliter nescit
spendere.

Ad quartodecimum refert se ut supra aliter nescit deponere./

Ad quintodecimum dicit et deponit, That he this deponent verily beleiveth there as little
or no Credit to be given to the sayeinge and deposicons of fflawe
James Chichely
Samuell Browne and John Vine wittnesses produced sworne and examined on the
behalfe of the said Watkins against the producent ffor that he hath heard them
threaten the producent Cox to bast his Cxxxx and have used many spitefull
and reproachfull speeches to and against him And ffor that they were
Complices and Confederates with the arlate Watkins in all the disorders
before deposed of and especially in purloyninge and draweing out the butts
of wyne aforesaid. And allso for that the said Wittnes are sevally
indebted by bills under their hands unto the said Watkins to this deponents
sight and knowledge aliter nescit deponere.

Ad 16 dicit praedeposita proper eum ea vera./

George Browne [SIGNATURE, RH SIDE]
~~~
HCA 13/57 f.182v Annotate
Edm 17º Julij 1641.

Watkins contra Cox
Joel: Budd

Henriam Palyn parochia Saint Catherines propre Turim
London Chirurgus ad 50ta annos natus aut eo circiter testis
in hac causa productus iuratus et examinat dicit et deponit That
sequitur videlicet./

Ad primu ponem dicto allegaconis dicit et deponit That accordinge of the
lawes of God and man any servant either at sea or on land ought to be obedient
to his Masters lawfull Commands and to doe his duety in his place
accordingly otherwise hee is to be punished att the discretion of his said master
ut credit aliter nescit deponere./

Ad secundum ponem dicto allegaconis dicit alled quod nescit deponere./

Ad tertium nescit deponere./

Ad quartum dicit et deponent That he this deponent was Chirurgeon of the shipp
the Expedicon the voyage in question and he further sayeth That muche about
the tyme arlate this deponent being in the greate Cabin heard his Contest
Wm Hadley Cry out whereuppon this deponent came upp and sawe the
arlate Watkins over come with drinck so that he could not well goe and
sawe some sweatmeats spoyled in the Rounde house which the said Hadley
tolde this deponent That the said Watkins had spoiled and that he woulde
have forced something from him, but what this deponent sayeth he doth not
now remember. aliter nescit deponere./

Ad quintum pro parte sua dicit quod nescit deponere./

Ad sextum nescit deponere./

Ad septimum nescit deponere./

Ad octavum dicit et deponit That he this deponent did view the body of him
the arlate Watkins after such his Correccon as is arlate and sayeth That
hee only founde that the flesh or skynne was some what discoloured
with the blowes he had received but that there was no ffracture nor
xxxxxx swelling or like
bloode drawne nor any ⁁ matter that might much hynder the said Watkins
in the performance of his office and laboure as strongly as formerly
hee had done in this deponents Judgement aliter nescit deponere.

Ad nonum dicit deponent That he well knoweth that the arlate Watkins
was
~~~
HCA 13/57 f.183r Annotate

183

was pressed in the Downes to serve in one of this Mates shippes
and that at the tyme of such his pressinge hee was lusty stronge and
able to doe his service aliter nescit deponere./

Ad 10 pro parte sua dicit quod nescit deponere./

Ad 1au nescit deponere./

Ad duodecimum dicit et deponit, That at Saint Lucars arlate the said Watkins
had gotten the bloody flux and it was conceived hee gott it with drinkeing new
wines and that divs of the said shippes Company fell sick of that disease
and the Capenter dyed thereof ut dicit aliter nescit deponere./

Ad tertio decimum nescit deponere aliter and supra./

Ad quartodecimum dicit quod refert se ad praedeposita proper eum qua credit esse vera aliter nescit depre

Ad quintodecimum dicit et deponit, That this deponent hath heard the arlate flawes
many times speake evill and reproache fully and of the producent and
houldeth the said fflawes to be a very debauched man in his life and
Conversacon aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera.

Henrt Palyn
----
eadem die.

Watkins contra Cox
Jxxxx Budd

Willimus Hadley xxx famulus domesticus William Steward
parochia Sancti Botolphi Algate London etats xx annoru aut eo Cir
testis in hac causa productus iuratus et examinatus dicit et deponit prout sequeu
videlicet

Ad primu ponem dicto alluis dicit That he beleiveth by servant whether at
sea or on shoare ought to obey his Masters xxxxx lawfull Commands
otherwise hee is punishable at his masters discretion aliter nescit/
deponere.

Ad secundum dicit et deponit That he this deponent the voyage arlate was
Cabin boy to the producent et aliter salvis proper eum interris deponent dicit
quod nescit deponere./

Ad tertium pro parte sua dicit quod nescit deponere./

Ad quartum dicit et deponit That muche about the tyme arlate tempus aliter
(non
~~~
HCA 13/57 f.183v Annotate

non bene recolit) hee this deponent was makeing of his Masters
bedd in the Rounde house and the dore locked unto him (his master then

being on shoare at ffalmouth and That the said Watkins violently brake open
Roundhouse
the said Cabin ⁁ dore and tooke this deponent, by the throate and xxxx
required him to give him some wyne where uppon this deponent was constrayed
and that
to Cry out and did cry out for helpe whereupon divs of the said shipps
Company came upp and halled the said Watkins out of the Rounde houre
he being then overcome with drinck And he further sayeth That at that
tyme the said Watkins was very unruely and tooke a pott of
sweet meats and flung downe uppon the flore and utterly spoyled thesame
but what valew it might be of this deponent sayeth hee knoweth not Andthat
xxxxxxxx aliter nescit deponere./

Ad 6 et septimum.

Ad 5 ⁁ dicit et deponent, That the producent comeing on board and hearing
of the disenters that had happened founde uppon examinacon that the
arlate Watkins was the Cheife cause thereof aliter nescit deponere
Alike, whereuppon the next day after hee caused the said Watkins
to be brought and fastened to the Capsten and corrected with aboute 3.

or 4: blowes and not above with a gunne tackle aboute a matter of 2 ynches aboute
aliter ad huin ut dicit quod nescit deponere./

Ad octavum pro parte sua dicit quod nescit deponere./

Ad nonum dicit et deponit That the arlate Watkins was pressed out
of the shippe the Expedicon rydeing in the Downes to serve in one of
his Maties shippes and that at the tyme of such his presting the said
Watkins was lusty and in good health as ev this deponent knewe him
aliter nescit deponere./

Ad decimum nescit deponere./

Ad undecimum nescit deponere./

Ad duodecimum dicit et deponit That at Saint Lucars in Spanie the said
Watkins did divs tymes ly on shoare and fell sick of the
bloodie flux with drinkeing expressely of new wines as this deponent
beleiveth and that divs of the said shipps Company fell sick thereof
and that the said Masters Mate dyed of that disease alre nescit deponere

Ad:
~~~
HCA 13/57 f.184r Annotate
184

Ad tertio decimum dicit quod nescit deponere aliter q supra.

Ad quartodecimum dicit quod nescit deponere aliter qua supra.

Ad quintodecimum dicit et deponit, That he beleiveth little or in credit is to be given
Chicely
to the sayeings and deposicons of the arlate fflawes Browne and die
ffor that he hath observed and heard them speake matiously and
dispitfully of and Concerning the producent, and therefore beleiveth them.
to be his utter enimyes And further sayeth that the said fflawes (to this
deponents knowledge) is indebted unto the said Watkins xxxxxxxxxxx
for a shirt or two
in a peece of 8. or thereabouts. aliter nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera

sign William Hadiley

Georgius Browne ad Interrogatoria/
----
Watkins contra Cox)

Ad primu satisfactum est prius aliter nescit respondere saving that he hath
knowne the produe arlate Watking arlate somewhat above 22 yeares last past./
and the producent Cox about 6 yeares./

Ad secundum respondet quod denit an hac causa testificatus dis producents quod whilest receiption
in p eus testimon in hac causa aliter nescit respondere

Ad tertium respondet quod pooptat victoria ius haben aliter qua referendo se ad praedeposita proper eum
allegaconis ex parte producents in hac causa datus et admissa dicit quod nescit respondere Saving
that he is in him to the producent

Ad quartum nescit p reliquintu respondet redditie sevare in his pres allius
deedicto sua 4 aut eo dicit aliter negative./

Ad quintum respondet negative.

Ad sextum respondet negative x trust parte

Ad septimum respondet quod refert se ad praedeposita proper eum allegaconis et parte Cox in hac causa
datus et admisses qua credit esse vera aliter nescit deponere respondere

Ad octavum respondet quod refert se ut supra aliter nescit respondere./

Ad nonum non Comitt since consente

Ad decimum non Content him contente

Ad ultimum respondet et Credit That he this deponent being Mrs mate and haveing comannde of
the
~~~
HCA 13/57 f.184v Annotate
[REQUIRES TRANSCRIPTION]
~~~
HCA 13/57 f.185r Annotate
185

Ad tertium respondet quod venit in hac causa testificate madis producents quit
receipticus et p eus testamen in hac causa fered aliter nescit respondere.

Ad tertium respondet quod non et alis producent quod optat victor it haven

Ad quartum quod nit respondet /

Ad secundum negative./

Ad sextum negative./

Ad septimum et octavum respondet quod refert se ad predepoita proper eum allegacon ex parte Cox
in hac causa datus et admissa qua credit esse vera aliter nescit respondere/

Ad tertium pro parte sua respondet negative

Ad decimum non concernt huic Rondente

Ad undecimum non concernt huic Rendent

Rye William de
Rye William de
Rye William de
----
23o Julij 1640

Mastis contra Bundock)
Budd Smith)

Thomas Rathan parochia de Stepney in Comitatu Middlesex Margus
etats 33 annorum aut eo circiter testis in hac causa productus
iuratus et examinatus dicit et deponit prout sequitur videlicet./

Ad primu ponem allegaconis ex parte Smith in hac causa datus et admissa dicit et
deponit That much about the moneth of Septembe and 1640 last part the arlate
Bundocke was with his said shippe the Jance Anne Judith in the port of Lisbone in
Portugall and muche aboute the 27th of the said monethes, anno pred did sett sayle with
his said shippe with intent to bring her to the port of London or Dover as is and
which this deponent sayeth he knoweth to bee true, because hee was the shippe Carpenter
of the said shippe and in her all the voyage in question aliter nescit deponere./

Ad secundum dicit et deponit That in the arlate shipps Course from the port of
Lisbone towards the port of London the happened very thick weather to that the
said shipps Company for 4 or 5 dayes tyme could not finde where they were and that
in the said thinnes of weather the said shippe struck uppon the sands on the Barr
of Burrough upon the Quoast of William Bales and there broke her Rudder and
was quite spoiled and xxx xxx xxx xxx saving the his shipps and and last
away. ut dicit aliter nescit deponere./

Ad
~~~
HCA 13/57 f.185v Annotate

Ad septimum dicit et deponit That at such tyme as the arlate shippe this
Jame in Indith was spoyled and cast away as aforesaid there was manyes
on board her, but what quantitie or to whome it belonged this deponent sayeth
he knoweth not a great part whereof was cast away and the greater part said
(as this deponent beleiveth saved by the paines and Care of the producent
aliter pro parte sua dicit quod nescit deponere./

Ad quartum dicit et deponent That at the tyme of the looseing and Casting away
of the arlate shippe the Jame Anniudith as is predeposed of all her
ladeing being oyles sugers findinge all (saving a fewe hogsheads of oyle
were all cost away but to what vallew this deponent sayeth he knoweth not
aliter nescit deponere./

Ad tertium dicit et deponent, That he hath heard and verily beleiveth that there went
a Comission downe into Wales (but from went Court this deponents knoweth
not) to Cause the said monyes to be brought upp to London which monyes
as the
were soe brought upp to London uppon horses hath likewise heard and
was reposited in the Guilde hall of the said Citty of London ut and vit
et Credit aliter nescit deponere./

Ad sextum pro parte sua nescit deponere./

Ad septimum dicit et deponit, That after such tyme as the arlate shippe the Jame
Ann Judith was cast away most of her mariners straighted aboard upp
downe the Country and that he had little help but by his Mate and
twoe or three more aliter nescit deponere./

Ad sextum dicit et deponit That after most part of the said shipps Company
were stroyed abroade and had left her as aforesaid the producent and 2 or 3
more did save some monyes that was in her and went upp into the County
to gett help to Carry the same to some place, where it might be secund for
the benefitt of the Owners thereof ut dicit aliter nescit deponere./

Ad all 3 pro parte sua dicit quod nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera.
Mate beinge

sign
Lathan
R
----
eadem die
Martin Condet naus Woodward de Lie in comitatu Essex Maries
et
Smith Budd
~~~
HCA 13/57 f.186r Annotate
186

etats 28 annoru aut eo circiter testis in hac causa productus iuratus et examinatus dicit et
deponit prout sequitur videlicet./

Ad primu ponem allegaconis ex parte Smith in hac causa datus et admissa dicit
et deponit, That he this deponent was Carpenters Mate of and soe went in
the arlate shippe the Jane Ann Judith the voyage in question And referreth
sayeth That muche about Michas last past and about a fortnight after
ut credit, the producent was with his said shippe in the Roade of Lisbone
and about the same tyme the said producent did sett sayle with his sayd shippe
from the aforesaid port of Lisbon him intent to come for this port of London
or diver ut dicit aliter pro parte sua dicit quod nescit deponere./

Ad secundum dicit et deponit that in the recourse of the arlate shippe the
Jane Anne Judith from Lisbone towards the port of London the weather grewe
foggy and thick for 4 or 5 dayes togeather so as the producent and his Company
Could not tell where they were in which fogg and thicknes of weather the said
shippe strake uppon the sands in severne uppon the Barr of Burrough
on the welch shoare and at the second stroke lost her Rudder and booke
her upper gudgeon six ynches within the wood and was soe spoyled and broken
and became so leaky that her master and Company were enforced to forsake her for
safeguard of theire lives) and within 4 houres afterwards or thereabouts
the perished and was cast away ut dicit aliter nescit deponere./

Ad: tertium dicit et deponit That at such tyme as the arlate shippe the James
Annudith was cast away as is predeposed there was a good quantitie of
monyes on board her, but to what vallew or to whome belonging this deponent
sayeth hee knoweth not a great part of which monyes were lost and perished in his
and came not to the knowledge of the producent ut credit, All which hee sayeth
afterwards
by vertue of his oath is most true, aliter nescit deponere./

Ad quartum dicit et deponit, That at the tyme of Castinge away and looseinge the
arlate shippe and monyes as aforesaid had all the said shipps ladeing
Saveinge about 30 hogsheads of oyle) were likewise lett and Cast away but
to what valew the goods might amount this deponent sayeth hee knoweth not
aliter nescit deponere./

Ad
~~~
HCA 13/57 f.186v Annotate

Ad quintum dicit et deponit That the monyes to saved out of the arlate shippe
the Jane Anne Judith after her castinge away as is predeposed which came
to the producents hands were by order of this Court as as this deponent
beleiveth sent for and brought upp to Lond, and reposited and layde upp
landed
in the Gould all there xxxxxxxx deponere dr dis visa et scien aliter
nescit deponere./
d sextum nescit deponere./

Ad septimum and dicit et deponit, after the arlate shippe the Jame And
was lost and cast away as aforesaid all her Company (saving six Cittie and
the producents) left and forsooke her and came not to helpe saveing
thing oute of her ut dicit aliter nescit deponere./

Ad quartum dicit et deponit That after such tyme as the arlate shipps Company
had left her as aforesaid the producent and those six that stayed with him
saved a great part of the monye that was in her and went upp into the
Country to gett help to convey the same to some secure place for the benefitt
of the Owners which this deponent sayeth he knoweth to bee true for that
hee was one of the six that stayed with the producent aliter nescit deponere/

Ad nonum dicit et deponit That in the returne of the producent with help to
Convey the said many saved to a secure place as aforesaid there were
gotten togeather to the place, where the said shippe was cast away about
60 persons at least pallageing and Cutting of the bagge of mony
as is arlate all which hee sayeth by vertue of his oath is most true
aliter nescit deponere./

fig Isaan Woodward
repetit p eadem die./
cocam d: Sames Surto her
----
2o August 1641.
Johannes Roger parochia de Stepney in Comitatu Middlesex
nauta etats 35 annos et aliquat in his testis in hac causa
productus iuratus et examinat dicit et deponit prout se./

Mightugall Harrison et
alij contra comitatu Cowere
any Martyn Bulls

Ad primu ponem allegaconis dco parte Martyn in hac causa datus et admissa
in And 1637 at recolit
dicit deponent, That he this deponent went forthe Gunner of the shipp
laded
~~~
HCA 13/57 f.187r Annotate
187

Sr Mo
did

Called the Planter (belongeinge to the arlate at Curteene, from this port
London towards the Sunt of Mallabarr is in Company of other shippes called
the Dongon Admirall the Sunne Viceadmirall, the Catherine Beare admirall
and the Anne a pace or abendant on the said ffleet, all which ffleete at that
bee
tyme did pperly belonge unto the said Sir William Curteene and since his death
ut crell
the yeares arlate followeing have xx perly belonged and at this present doe pperly belong
unto William Carteene she arlate and of lawfull pprietor and owner of the said
severall shippes and ther tackle and furniture the said Wm Curteene ye
dureing all the tyme aforesaid was his Comonly accomted reputed and taken ut dicit
aliter nescit deponere./

Ad secundum nescit deponere aliter qua supra, saving that he gant of Waller was beard quichaelis
et sched in her menconat

Ad tertium ⁁ dicit et deponent That that he verily beleiveth that the said persons in the
schedule arlate menconed were hyred to serve in the severall shipps in the said
specified the voyage arlate
pticuler
schedule menconed but by home they were to heard or for what wages this
deponent sayeth he knoweth not, And hee likewise beleiveth that all the said severall
persons were shipped upon condicon that their wares should receive in theire
absence for their releife and may intenance 2 monethes pay and out of their
said waves, ffor that this deponent wife did receive 2 monthes pay paid for
fortune voyages
p eu
a shee was forth
himselfe and 2 monethes paye for for his brother Thomas Roger and 2
monthes pay for this deponents Mate John Parck for the last voyage aliter
ad hum et sched arlatam pro parte sua dicit quod nescit deponere./

Ad quartum pone et sched in eadem menconat dicit et deponent That the arlate Wighte
and many other menconed in the schedule arlate did depart in the said shipp the
Bayon the Catherine, and the Anne in Company with the shippe the Plante and the
rest of the ffleete from Gravesend about the 18th of March Anno 1656. or 1657 and
aliter non bene recondit) and continued in their places service and imploymt till
their last parting from the Planter (which was about 2 yeares d monethes since
at Camance uppon the said Quoast of Mallabarr at which ptinge the arlate shipp
with the drason and the Catherine with their Company were in hasely, but the And
arlate was sould at the vident to the Portugalls ut credit aliter ad his
ponem et sched in eadem menconat dicit quod nescit deponere./

Ad 5
~~~
HCA 13/57 f.187v Annotate
some part of
or goods

Ad quintum dicit et deponent That he verily beleiveth That the ⁁ monyes ⁁ conveyed
out in the arlate shippes, the Drayon and the Catherine were bartered
and disposed of by the Captaines of the said shipps as assignes of the
arlate Sir William Courteene or master William Curteene Esquire arlate (the tyme
arlate) for pepper and other goods And that the first voyage that ye
arlate shippe the Planter came home she was sent home to England by the order of
Captaine Meddell and the rest of the Comannders of the ffleete from

Battacollan in the Indies partly laden with pepper and other goods xxxxx
And that the arlate Esqr Curteene and or his Assignes received the said
pepper and other goods ut dicit All which hee sayeth by vertue of his oath
is most true. aliter nescit deponere./

Ad sextum pro parte sua dicit quod nescit deponere./

Ad septimum nescit deponere pro parte sua./

Ad octavum nescit deponere./

Ad nonum nescit deponere./

Ad ultimum dicit predepoita proper eum esse vera./
John Roggers
Idem ad Interrogatoria./

Ad primu respondet quod refert se ad predepoita proper eum quod prem alluis predet.
sched eadem annex (qua credit esse vera aliter nescit respondere

Ad secundum non contra hat rondentem./

Ad tertium nescit ut dicit./

Ad quartum nescit respondere aliter quam predeposuit./

Ad quintum nescit respondere./

John Roggers
----
Eadem die.

Nightingale Harrison
et alj contra Willim
Curteene aring.

Rogerus Bevin pae de Stepney in comitatu Middlesex nauta etats
43: annoru aut eo circiter testis in hac causa productus iuratus et examinatus
dicit et deponit prout sequitur videlicet./

Ad primu prem alluis ex parte Martin in hac causa datus et admisss
dicit et deponent. That in the yeare 1637 (but at what certaine time of that
yeare this deponent saith hee knoweth not) he this deponent. went from this
port
~~~
HCA 13/57 f.188r Annotate
188

port of London Quarter master of a shippe called the Planter towards the
East Indies and was unto in her aboute 40 monthes dureing all which tyme the
arlate William Curteene knight and after his death the arlate Mid Carteene
Cohe some was and is full reputed and accomted to his as this deponent et
beleiveth the said her to be lawfull and undoubted owner of the arlate shippe
the ragen the Catherine aliter ad humoi ponem dicit quod nescit deponere./

Ad secundum nescit deponere aliter qua supra aliter qua supra saving that ye last wines as beyond
the Squictuall bee live many leagues

Ad tertium ponem dicto allegaconis et sched eadem annex dicit et deponent That he verely
beleiveth that the arlate William Curteene within the tyme arlate att his house
did her or Cause to bee hyred the arlate John Hightinge and the rest
of the Marriners and sayles in the said schedule menconed as likewise hee did this
Cut) to sayle and serve in the arlate shippes the voyage and voyages aforesaid
that he contracted with them to pay them theire wages as in the said schedule is expresse
and likewise to pay unto there wives towards their refuse and mayntenance in their
husbands absence 2 monthes and and out of their wages ut credit aliter pro parte
sua ad quam ponem dicit quod nescit deponere saving that this deponents
Landlady did by his order and according to the said Content received 2 monethes
pay yeare dureing this deponents absence and service in the said shippe the
Patter./

Ad quartum dicit et deponent That the arlate shipp the Dragon the Catherine did
sett sayle from Camance in the Judges arlate in Company of the arlate shippe
the Planter about the 28th of January anno arlate and were then in safety
be sua dicit quod
b sua dicit quod
to this deponents sight and knowledge ut dicit aliter nescit deponere./
and goods

Ad quintum dicit et deponit That within the tyme arlate a greate part of the monyes
carryed out in the arlate shippes the dragon and the Catherine were bartered and
disposed of by the ffactors and Agents of the arlate master William Carteene or
the Esse his sonne ut credit for pepper and other goods, which were sent home to
England in the arlate shippes the same and the Punter at he belong of the voyage
in question a pepper and other goods hath beene received by the order
direccon of the arlate at Courteene for his was account ut credit aliter nescit
deponelius.

Ad
~~~
HCA 13/57 f.188v Annotate

Ad sextum dicit et deponent That for and dureing the space of 30 yeares
to this deponents knowledge
last past or thereabouts this deponent it hath beene the use and Custome of
the old Company of last on Merchant, that the mariner and Company
of all shippes sett forth by them to the East Inder) have received from
them monthes wages (all theigh there were in mencon made thereof at
the tyme of their shipping as is arlate) for all the tyme they have
served in such shippes, till they came from their last port all sough
they same afterwards miscarryed and beene cast away, And for ought the
arlate is Curteene to pay unto the Mariners and Company of the Pill
shippes arlate or their Assignes ut credit for their motely wages
for which they were hyred and served in the said shipps ut dicit aliter
nescit deponere./

Ad septimum pro parte sua nescit deponere./

Ad octavum nescit deponere./

Ad tertium nescit deponere./

Ad ultimum dicit praedeposita proper eum esse vera./

Ad
Idem ad Interrogatoria/

Ad primu respondet quod refert se ad praedeposita proper eum qua credit esse vera
aliter nescit respondere./

Ad secundum respondet That he hath only beene his last voyage to the East Indies
from England Et aliter qua referendo se ad praedeposita proper eum septe all
pom alluis pre qua credit este ving dicit quod nescit respondere/

Ad tertium respondet That in case a shippe be cast away and make in prt
the mariner doth not losse is wages in there voyages. aliter nescit respondere

Ad quartum nescit respondere./
Regro and

Ad 5 nescit respondere./
----
5to August 1647

sigan et al contra
Carteene aring et aliter

Michael Richards parochia de Stepney in comitatu Middlesex
etats quinquaint dur annoru aut eo circiter testis in hac
productus iuratus et examinatus dicit et deponit prout sequitur videlicet.

Ad 1. 2. 3. 4. 5 proper allegaconis ex parte master dicit
admise to sayd did annex non exaiatr ex direccone producents/

Ad
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of aboute seaventye tonnes Englishe measure and nowe rideing at
anchor in the River of Thames neere Saint Saviours docke, bounde
out to sea for Porte a Porte in Portugall doth solelye and
properlye belonge and appertaine unto him this examinate the foresaid
Steevens, Peter Crosse this examinats sonne, Johanna Crosse his
Daughter and one Baldwyn Mathewes of London mrchante
all Englishe borne and naturall subiects to the Kinge of
England and noe strannger or fforrainer hath any intereste
with them the foresaid parties in the said vessell and this hee
affirmeth uppon his oath to bee true./

William Crosse
----
die pred./

3s

Rs. E. B

Richard Steevens of the parishe of the parishe of Saint George
Buttolphe Lane London marriner aged aboute 46 yeares or
thereabouts sworne and examined as aforesaid saieth and depose
burthen aboute 30 tonnes
as followeth videlicet

That a certaine shippe or vessell called the
Pellican of London of which this examinate is master fflemishe builte
and nowe rideinge at Anchor in the River of Thames and bounde
into for Pete as soe in Portugall doth solelye and prise
belonge unto him this examinate his reconteste master William Crosse
master Peter Crosse his sonne and Johannes Crosse his daughter
and one master Baldron Mathewes all Eng borne heere
England and subiects to the Kinge of England and are
saye or ffree hath any intereste with them in the
her hee

Richard Stevens
----
30 August 1641

Balaamin by Garretson of Dunquercke marriner aged about
25 yeares sworne before the worshipfull William Sames Doctor of Lawes
Surrogate to the righte worshipfull Sir Henry Marten knighte Judge of his at Majesties
highe Courte of the Admirallty beinge examined uppon certaine
interrogatories ministred to him on the behalfe of Roberte South and
Companye saieth and deposeth thereto as followeth videlicet/
the beit hee saith
this examinate was latelye Master or Comannder of a certaine shippe
or teste called the impence and soe had true for the
space of fowerteene dayes togeither And this hee saieth
in
the saith hee
(ales
~~~
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called the Emper of which hee this examinate was master or
Comander as aforesaid for the tyme aforesaid was a prize shippe
formerlye taken by the Dunquerckers from the Hollanders who
the Coaste of Norwaye, and the name of the Dunquercke
shippe by which the said shippe or vessell called the Enterr was
taken was called the Kinge Jasper, John Van Hardricke
a Dunquercker borne Captaine, and the said John Van
Hardricken was a parte owner of the said shippe aswell as
Captaine of her and in one John Middle alsoe of
Dunquercke merchante another parte owner of and some other
Inhabitants in and aboute Dunquercke were alsoe parte
owners of the said shippe the said Kinge Jasper which tooke
the said shippe or vessell the but Euperor, And more
to this Interrogatory hee deposeth not/

To the third hee saieth that the Captaine or Comander
of the shippe the Kinge Jasper by which the said shippe the
Emperor was taken had lawfull power enough as hee
conceiveth to apprehende seise seise and take the said shipp
shee belonginge to Hollanders whoe are enes to the
Dunquerckers and besides that the Captaine of the Kinge
Kinge Jasper had at a lawfull Comission from Dunquercke
to take Hollanders where soever hee could, and the said
shippe the Emper was in the possession of the said
Dunquercke Captaine by whome shee was taken and him this
examinate to whome shee was comitted by the said Captaine in all by
the space of fowerteene dayes before shee was came to the
Isle of wighte where shee is nowe detained by the Englishe
and after in the chase which was made to the said shippe the
Ruperor when shee was taken before they tooke her the
Companye in her betooke themselves to theire boate and there
awaye aboard a Holland man of warr them not farr from them
and lefte the said shippe to bee taken and possessed of the
Dunquerckers whoe accordinglye tooke possession of her and
broughte her awaye from thence and the Captaine of the
Dunquercke man of warr when hee put this examinate whoe is
a Dunquercker in possession of the said shippe the upon
hee gave him order to carry her to Dunquercke unlesse hee
could otherwise in the meane tyme sell or dispose of her said
~~~
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196

and hee beleeveth in case hee had the said shippe had not bine
intercepted and seized on by the English in the shippe the
Discovery as shee was hee this examinate by the authoritye and
power given and comitted to him from his Captaine
aforesaid had solde and disposed of the said shippe the Kinge
at the Isle of Wight aforesaid or some other place neere
thereabouts moste of theire victualls aboard beinge spente and
thereby they not well able to carry her to Dunquercke And
nor this hee affirmeth uppon oath to bee true and more
to this Interrogatory hee deposeth not/

To the 4th hee saieth that the interrogate shippe the Ener or
was surprized and taken by an Englishe shippe of warr
called the Discovery of which one Henry ffearnes was sayd
to bee Captaine or Comander, but hee saieth shee was soe
Mall
taken within fighte of one of the Kings shipps of Englands
shipps as hee conceiveth for that shee had the Kings flagge
out when the Enterr was taken and some of this examinats
Companye after they were taken the said shippe was taken as they
afterwards told him this examinate spoake with some of the King
shipps Companye whee told them as they told him that theire

shippe was the Kinge of Englands shippe and that if they had
gonn
thoughte the Discovery would have to be the gott aboute
to bee have the her they should with have done to the
Kings shippe beinge soe neere And this hee affirmeth
uppon his oath to bee true and more to this Interrogatory hee
with hee same then hee did
was taken was not above a for a muskett shott at moste
from the Isle of shoare at the Isle of Wighte

To the 5th hee saieth That the schedule interrogate is subscribed
with his this examinate marcke, but hee sayeth the contents thereof
and not all true for that the said shippe the Anne was
take close by the shoare at the Isle of Wighte and within
sixte and comand of one of the Kinge of England
and the shipp the
4
D Water
----
dicto die

John Simonson of Dunquercke marriner aged aboute 20
yeares sworne and examined as aforesaid saieth and deposeth as
followeth videlicet./
2
~~~
HCA 13/57 f.196v Annotate

To the firste Interrogatory hee saieth that hee this examinate was one of the was
marriners of the shippe the Speror interrogate and not otherwise

To the second hee saieth that the interrogate shippe the Enger
prize shippe formerlye taken by the Dunquerckerckers from the hall
which hee knoweth to bee true for that hee this examinate was at the takeinge of
and the shippe by which shee was taken was called the Kinge
Jasper, and the Captaine name of her was John Van Hard
but her owners names hee knoweth not./

To the third hee saieth that the Dunquercke Captaine
had a lawfull Comission or power from Dunquercke to
take the Hollanders his enemies which hee knoweth to bee true
for that hee sawe the said Comission or power, and the said
shippe the Emperor was in the passe in taken by the
Dunquerckers uppon from the Hollanders uppon the Coaste
of Norwaye and was in theire possession by the space of
fowerteene dayes in all, and when they gave chase and entred
into fighte for the said shippe with the Hollanders her Company
forsooke her and in theire boate went aboard a Holland man of warr
and then they in the Dunquercker man of warr boarded and him
possession of the said shippe and afterwards as hee conceiveth
would have carried her to Dunquercker of they could careementlye
have done it And this hee sayeth is true./

To the 4th hee saieth that the said shippe the Emper was after
was
shee was taken by the Dunquerckers from the Hollanders, retaken
againe by the Englishe shippe called the Discoverye henry
ffeames Captaine or Comander) from the Dunquerckers uppon
the Coaste of England hard by the Isle of wighte under
Comannde of the Kings Castle there and on of his shipps after
there within muskett shott of the shoare and not otherwise and
this hee saieth is true and more to this Interrogatory hee deposeth not

To the 5th hee saieth that the interrogate schedule beinge nowe
reade over to him in Dutch by master de waters sayeth that the
same is signed by him this examinate with his marcke, and the
Contents thereof were and are true saveinge what hee
hath formerlye deposed to

The marcke of
commonson
R
Ap: Wavers

recod qu 63 p interrogate./
~~~
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197

Marston et socij contra
Prishe Smith Ireland
1s

29o Julij 1643

Thomas Brabburye de Stepney als Stebenheath in Comitatu
Middlesex Caleatus etats 39 aut eo circiter testis in hac parte
productus, iuratus, et examinatus deponit et dicit prout
sequitur videlicet

Ad prima prem alluis ex parte Cornish in hac causa datus et admissa
or suite latelye dependinge
deponit et dicit That the information in his Majesties Courte of Exchequer
some of the owner of
againste the arlate shippe the Exchange was there psonted and
comenced and putt in by him this examinate and not by the arlate
Cornishee neither had the said Cornishe to any hand or any thinge
to doe therein any otherwise then as hee was sumoned in there as
a witnes to testifie his knowledge in that busines, And this hee
affirmeth uppon his oath to bee true At aliter nescit /

Ad quartum deponit et dicit That pro parte sua nescit deponge saveinge
that in the yeares 1633 and 1634 the arlate shippe made

Ad secundum deponit et dicit That within the tyme arlate the arlate
shippe did make a voyage from this Porte of London to Mallegoe
within the Dominions of the Kinge of Spaine and backe againe
to this Porte of London in which voyage the arlate Adam Graves
was reputed and taken to bee parte owner and master of the said
shippe and soe did and doth appeare under the oathes of
certaine witnesses examined and remaineinge uppon Record in his
Majesties Courte of Exchequer aforesaid And this hee saieth is true by
vertue of his oath At aliter nescit /

Ad tertium deponit et dicit That as appeares by the deposicons of
witnesses examined and remaineinge uppon Recorde in his Majesties
Courte of Exchequers there were to the quantitye of thirtye firkins
of butter laden aboard and transported in the arlate shippe
the voyage in question from this Porte of London to Mallegoe and
Harte of them
there sold and disposed of to and for the use and accounte of
all or some of the owners of the said shippe and the arlate wines
hath confessed to him this examinate that there were thirtye firkins
of butter laden aboard the said shippe which here at London
seaven whereof of which were spent in the voyage and the
reste solde and disposed of by him at Mallegae after the
arlate shipps arrivall there, And this hee affirmeth uppon his
oath to bee true At aliter nescit saveinge that the said Cranes
had
wished that hee had more butter there that voyage then hee had
because of the ptist which hee gott thereby

Ad quartum deponit et dicit That some of the owners of the said
shippe the Exchange videlicet the foresaid Aday Ginney Edward
Bellamye, and Alexander Wildinge were informed againste and
complained of in his Majesties Courte of Exchequers aforesaid and there
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there saved and preserved for the transportacon of the butter aforesaid
shippe
in the said and disposeinge thereof in the parts beyonde the sea
without liscence in that behalfe grannted And this hee affirmeth
uppon his oath to bee true At aliter nescit /

Ad quintum deponit et dicit That dureinge the dependencye of the
said suite againste the foresaid parties in his Majesties Exchequers aforesaid
the arlate Arthure Cornishe and certaine other witnesses as
that behalfe thought fittinge of were by a suspent grannted out
of the said Courte suppened in to testife theire knowledge as
witnesses And this hee affirmeth uppon his oath to bee true whoe
did examte the said salena uppon the said Cornishe and the reste
of the witnesses Al aliter nescit /

Ad sextum refert se ad predepoita et aliter pro parte sua nescit
saveinge that there is a comon fame in and aboute London that the arlate Marston

Ad septimum dicit praedeposita proper eu esse vera was and is acquainted with
the premisses.

Thomas Brady
----
die pred

Harston contra Corshe
Smith Ireland
3s
debt

R
Henricus Therrye de Saint Johns Zacharies London Coquis etats
32 aut eo circiter testis in hac parte parte productus, iuratus, et
examinatus deponit et dicit prout sequitur videlicet./

Ad prima prem alluis ex parte Cornishe in hac causa datus et admissa
deponit et dicit That the complainte in the latelye in the Exche
againste parte of the owners of the arlate shippe the Exchange for
transportation of butter was sayd to bee made one Thomas
Bradburye whoe was alsoe sayde and reported and generally laden
to bee the informer and psecuter of that Complainte and not the
arlate Cornishee neither did hee ever heare that the said Corne
otherwise then by this suite
had any hande in at And this hee affirmeth uppon his oath to bee
true At aliter nescit /

Ad secundum deponit et dicit That within the tyme arlate the arlate shippe the
Exchange did make a voyage from this Porte of London to Mallega
and from thence backe againe to this Porte of London and the and

Adam Graves whoe was generallye reputed and taken to bee soe of
owner of the said shippe was master of her that voyage And this hee
ffirmeth uppon his oath to bee true whoe served in the said shippe
that voyage Al aliter nescit /

Ad octavum deponit et dicit That hee this examinate for his parte sawe one but
his voyage in question laden or putt aboard the said shippe the
not any
Exchange the voyage in question a delivered out but saith the hee
there was butter aboard which hee knoweth to bee true for that the
was to the quantitye of seaven firkins of butters spent the
1
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198

said shippe that voyage and hath heard that there was more
aboard then was spent but what became thereof hee knoweth not
At aliter pro parte sua nescit deponere./

Ad quartum deponit That some of the owners of the arlate shippe
the Exchange were informed agt and psecuted in the Exch arlate
for transportation of butter in the said shippe from this Porte of
London, to the partes beyonde the seas and disposeinge of the
same there, which hee knoweth to bee true for that hee this examinate
was examined as a witnes in that Courte aboute that busines, At
aliter nescit /

Ad quintum pro parte sua nescit deponere, saveinge that hee this examinate was
suspened in to testifie in the Exches aforesaid as a witnes in the foresaid
busines there agt the owners of the said shippe the Exchange /

Ad sextum pro parte sua nescit/

Ad ultima dicit praedeposita proper eum esse vera./
her which
----
die pred

William Clarcke of the parishe of Alhallowes Barckinge London
merchante aged aboute 22 yeares or sworne before the worshipfull Willmj
Sames Doctor of Lawes and Surrogate to the righte worshipfull Sir Henry Martyn
knighte Judge of his Majesties highe Courte of the Admiralltye beinge afterwards
examined saieth and deposeth

Pro magro Perrye
1s
Rs. E. B

That in or aboute the moneth of
September Anno 1640 a certaine shippe called the Bartholmewe
of Dover of which one fell James Hall was master, with her
ladeinge of Spanishe iron, wooll and monies was broughte to
Argier, and there condemined and adiudged prize to the Turcks and
moores that were at the takeinge of her and the setters forth of that
and shee was taken in her course from Saint Sebastians where shee was laden of her Company saide, towares England in
them
hath men
the Englishe came and there was in her 24 men in her when shee
was taken, which were broughte in her to Arger aforesaid and there
was alsoe another shippe of Dover broughte to Arge with the said
at the same tyme
the the time hath hee
hee heard by the some of those that were taken in her. And this
hee affirmeth uppon his oath to bee true whoe was at Arge
when the said shippes were broughte in theither as aforesaid and
since and speake with the masters of both the said shipps and with
divers of theire Company and the master of the Marshallne
was a storme to his this examinats Interrie and there this examinate leste him
when hee came therehense which was aboute on weekes since

Sr Jacke
~~~
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30º Julij 1641

James Mills of the parishe of Saint Mary Aldermanarye Lond
wyner aged aboute 28 yeares sworne before the worshipfull William
Sames Doctor of Lawes Surrogate to the righte worshipfull Sir Henry Martyn
knighte Judge of his Majesties highe Courte of the Adtye beinge examined
saieth and deposeth

That aboute three weekes since one William
in Willim

Paule./

1s

Rs. E. B

Paule a kinsman of this examinates by profession a baker came to
out of Lester there from the place where hee lived
as hee is conformed to this Porte of London to seeke for some
as hee hath bine informed
imployment heere, and neere London meeteinge with some of the
acquaintance told them as much and that hee want when hee
had bine at London hee woulde uste them againe since which
tyme neither hee this examinate nor they as hee is informed have
seene or heard of the said partie nor cann learne what is become
of him, and this examinate beinge tolde by one of his olde acquaintance
since
that aboute was acquainted with him aboute twoe yeares that hee
had a goode wynde to goe beyond sea, this examinate conceiveth
and seduced awaye
that since his comeinge to London hee is taken upp by some of
those whome they call specitts and put aboard some shippe
or other to bee nowe in the River of Thames outwards bounde
to sea to bee transported beyond sea to the greate greife of his
parents whoe are both liveinge and ⁁ made much enquiry after
have
him and alsoe to divers others of his freindes in and aboute this
Cittye of London whoe have done the like the said parte beinge
as it were
his parents eldest sonne and the staffe of theire old age and
after theire decease like to inheritt a prettye goode estate in
lande, And this hee affirmeth uppon his oath to bee true.
----
30º Julij 1641

Philip Holland de Lisbone mercator etats about
eo circiter testis in hac parte productus, iuratus, et examinatus
deponit et dicit prout sequitur videlicet /

Garland contra Triddle
Budd Smith

Ad prima prem alluis ex parte Treddle in hac causa datus et
admissa deponit et dicit That hee this examinate doth knowe the arlate
William fowles and knoweth that hee was the arlate Roberte
Garlands ffactor or Agent the voyage in question and that
the arlate shippe beinge laden with Coales came consigned to the
from the said Garland to the said fowles to Lisborne arlate And
this hee affirmeth uppon his oath to bee true beinge at Lisborne
when the said shippe with the Caby aforesaid arrived there and as
when shee was take up for the voyage in question Alres
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